FIRST REGULAR SESSION
SENATE BILL NO. 687
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR HUDSON.
2763S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 536, RSMo, by adding thereto one new section 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
one new section, to be known as section 536.350, to read as 2
follows:3
536.350. 1. The provisions of this section are 1
intended to: 2
(1) Require agencies to regularly review their rules 3
to determine whether such rules should be continued without 4
being changed, modified, consolidated, or allowed to expire; 5
(2) Require agencies to consider the comments of the 6
public, the regulated community, and the general assembly 7
regarding the actual costs and burdens of rules being 8
reviewed under this section, and whether the rules are 9
useful, obsolete, unnecessary, duplicative, conflicting, or 10
otherwise inconsistent; 11
(3) Require that any rules continued in effect meet 12
all the legal requirements that would apply to the issuance 13
of a new rule, including any applicable cost or benefit and 14
economic requirements; and 15
(4) Provide for the automatic expiration of rules that 16
are not readopted as a result of their sunset review. 17
2. (1) Except as provided in subsection 5 of this 18
section, a rule shall expire and be null and void on the 19 SB 687 2
date adopted by the commission in subsection 3 of this 20
section. In order for an agency with authority over the 21
rule to prevent the expiration of a rule, the agency shall 22
promulgate the rule in accordance with the provisions of 23
section 536.021 following the same process for promulgation 24
of an initial rule. The process for promulgation of the 25
rule shall begin according to the schedule adopted by the 26
commission in subsection 3 of this section. 27
(2) For any rule in effect on August 28, 2025, the 28
commission shall set the initial expiration dates in 29
accordance with subsection 3 of this section. 30
(3) For any rule promulgated after August 28, 2025, 31
such rule shall expire on January first, ten years after the 32
effective date of the rulemaking that creates the new rule. 33
(4) Every rule that is promulgated under this section 34
shall subsequently expire on January first every ten 35
calendar years after its initial expiration date unless 36
promulgated again under the provisions of section 536.021. 37
3. (1) There is hereby established, within the office 38
of the secretary of state, the "Commission for the Review of 39
Administrative Rules" to consist of five members appointed 40
by the governor, with the advice and consent of the senate. 41
One of the members shall be from a list of three persons 42
submitted to the governor by the president pro tempore of 43
the senate. One of the members shall be from a list of 44
three persons submitted to the governor by the speak er of 45
the house of representatives. 46
(2) The commission shall set the initial expiration 47
dates for rules that exist on August 28, 2025, taking into 48
consideration the time and resources agencies will expend to 49
repromulgate the rule. The initial expiration years for 50
each chapter shall be set between the second and twelfth 51 SB 687 3
calendar years after August 28, 2025. The rule shall expire 52
on January first of the calendar year selected by the 53
commission. 54
(3) Each member of the commission shall ser ve without 55
compensation but may be reimbursed for his or her actual and 56
necessary expenses incurred in the performance of his or her 57
duties as a member of the commission. 58
(4) The commission shall conclude its duties by August 59
28, 2026, and shall be dissolved on that date. 60
4. An amendment to a rule through a subsequent 61
rulemaking does not affect the rule's expiration date, 62
unless the amendment completely eliminates and promulgates 63
the entire rule again through the process in section 64
536.021. If such promulgation of the rule occurs, then the 65
rule's new expiration date shall be January first, ten years 66
subsequent to the effective date of the rule being 67
promulgated again under section 536.021. 68
5. (1) The provisions of this section shall not apply 69
to the following rules: 70
(a) Rules required to comply with federal law or 71
receive federal funding; 72
(b) Rules created with grants of rulemaking authority 73
under the constitution of this state; and 74
(c) Rules created by an a gency that are directly 75
managed by a statewide elected official. 76
(2) Rules that are exempt from expiration under the 77
provisions of this subsection shall still be subject to 78
review under section 536.175. 79
(3) If a rule is otherwise exempt unde r the provisions 80
of this subsection is amended in a manner that eliminates 81
the exemption under this subsection, the rule shall be 82 SB 687 4
subject to the provisions of this section and shall expire 83
on January first, ten years after the amendment of the rule. 84
6. (1) The governor may grant an extension totaling 85
no more than three hundred sixty -five days to postpone the 86
expiration date of a rule under this section upon a written 87
request by the agency. In the agency's written request, the 88
agency shall explain why the agency cannot promulgate the 89
rule again under the time allotted by this section and why 90
the expiration of the rule would harm the public health, 91
safety, or welfare. The governor shall affirm these 92
findings in writing addressed to the sec retary of state 93
before granting an extension. 94
(2) An extension under this subsection does not affect 95
subsequent expiration dates. 96
7. (1) For each rule reviewed and proposed to be 97
retained under this section, the agency's analysis and 98
renewal shall include the following steps: 99
(a) Notify the public of the review, including making 100
the text of the notice, text of the rule, and text of all 101
other analyses associated with the review available on the 102
agency's website; 103
(b) Hold a public comment period for at least thirty 104
days; 105
(c) Provide a reasoned response to unique public 106
comments; and 107
(d) Publish a report available on the agency's website 108
that includes the analyses and the agency's response to 109
public comments. 110
(2) When an agency conducts any analyses required 111
under section 536.021 during the repromulgation or review of 112
a rule which examines the economic impact, compliance, 113
implementation, or other costs of the rule, the analyses 114 SB 687 5
shall be conducted using ac tual impacts and costs as the 115
basis for any calculation rather than estimated impacts and 116
costs. 117