Read the full stored bill text
SECOND REGULAR SESSION
SENATE BILL NO. 1549
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR COLEMAN.
6460S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 536.016, RSMo, and to enact in lieu thereof two new sections relating to
administrative actions by state agencies.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 536.016, RSMo, is repealed and two new 1
sections enacted in lieu thereof, to be known as sections 2
536.016 and 536.340, to read as follows:3
536.016. 1. Any state agency shall propose rules 1
based upon substantial evidence on the record and a finding 2
by the agency that the rule is specifically authorized by a 3
statute and necessary to carry out the purposes of the 4
statute that granted such rulemaking authority. A state 5
agency shall not rely on a general grant of rulemaking 6
authority to supplement a specific grant of rulemaking 7
authority and shall not rely on a specific grant of 8
rulemaking authority to adopt a rule that exceeds or expands 9
the subject matter expressly authorized in the statute 10
granting such authority. 11
2. Each state agency shall adopt procedures by which 12
it will determine whether a rule is necessary to carry out 13
the purposes of the statute authorizing the rule. Such 14
criteria and rulemaking shall be based upon reasonably 15
available empirical data and shall include an assessment of 16
the effectiveness and the cost of rules both to the state 17
SB 1549 2
and to any private or public person or entity affected by 18
such rules. 19
3. Each state agency shall make publicly available 20
proposed rules on the home page of its official internet 21
website by providing a hyperlink entitled "proposed rules". 22
This hyperlink shall grant access to an internet page which 23
shall provide the following information for each proposed 24
rule within one business day of when such rule is published 25
in the Missouri Register: 26
(1) The text of the proposed rule as filed with the 27
secretary of state pursuant to section 536.021, including 28
any fiscal notes; 29
(2) A summary which shall be a concise statement not 30
exceeding one hundred words using language neither 31
intentionally argumentative nor likely to create prejudice 32
either for or against the proposed rule; and 33
(3) A direct hyperlink to the full text of the 34
proposed rule located in the Missouri Register and all 35
material incorporated by reference on the secretary of 36
state's website. 37
536.340. 1. As used in this section, the term 1
"substantive policy statement" shall mean a written 2
expression that informs the public of a state agency's 3
current interpretation of, or opinion concerning, the 4
requirements of the federal or Missouri constitution, a 5
federal or state statute, an administrative rule or 6
regulation, or a final judgment of a court of competent 7
jurisdiction. The term shall include the state agency's 8
current practice, procedure, or method of action based on 9
that interpretation or opinion. 10
2. A state agency shall post all substantive policy 11
statements on its publicly accessible website and maintain a 12
SB 1549 3
complete and current record of such statements for public 13
inspection. 14
✓