Read the full stored bill text
SECOND REGULAR SESSION
SENATE BILL NO. 877
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR FITZWATER.
5091S.02I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 536, RSMo, by adding thereto two new sections relating to administrative rules.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 536, RSMo, is amended by adding thereto 1
two new sections, to be known as sections 536.180 and 536.185, 2
to read as follows:3
536.180. 1. Any state agency filing a notice of 1
proposed rulemaking, as required by section 536.021, wherein 2
the adoption, amendment, or rescission of the rule would, as 3
determined by the fiscal note required under this chapter, 4
require or result in an expenditure of public funds by that 5
agency, any other state agency, or any political subdivision 6
of the state in excess of two hundred fifty thousand dollars 7
per year, or would require or result in an expenditure of 8
money by or a reduction in income for individuals or 9
businesses in excess of two hundred fifty thousand dollars 10
per year shall, in addition to the requirements of section 11
536.200, file notification with the joint committee on 12
administrative rules of such proposed rule. The committee 13
may hold hearings on any proposed rule or portion thereof at 14
any time. A final order of rulemaking shall not be filed 15
with the secretary of state until at least thirty days after 16
such final order of rulemaking has been received by the 17
committee. 18
SB 877 2
2. Any proposed rule subject to the provisions of this 19
section shall not be subject to section 536.021 and shall 20
not become effective until the provisions of this section 21
have been satisfied. 22
3. A proposed rule subject to the provisions of this 23
section shall not become effective unless and until the 24
general assembly adopts a concurrent resolution in 25
accordance with the provisions of Article IV, Section 8 of 26
the Missouri Constitution to approve such proposed rule. 27
4. Upon adoption of such concurrent resolution as 28
provided in subsection 3 of this section, the secretary of 29
state shall not publish the order of rulemaking until the 30
expiration of time necessary for such resolution to be 31
signed by the governor or vetoed and subsequently acted upon 32
by the general assembly as provided in Article III, Section 33
32 of the Missouri Constitution. If such concurrent 34
resolution is adopted and signed by the governor or 35
otherwise reconsidered under Article III, Section 32 of the 36
Missouri Constitution, the secretary of state shall publish 37
in the Missouri register, as soon as practicable, the order 38
of rulemaking along with notice of the proposed rules or 39
portions thereof that were approved by the general assembly. 40
5. Except for rules adopted pursuant to section 41
536.025 or required to be adopted to conform with federal 42
law or for federal funding, any proposed rule shall be null, 43
void, and unenforceable unless made in accordance with the 44
provisions of this section. 45
536.185. A state agency shall not file any notice of 1
proposed rulemaking with the secretary of state without 2
first receiving from and including a copy of the written 3
approval by the governor. 4
✓