Missouri 2025 Regular Session

Missouri Senate Bill SB687 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	FIRST REGULAR SESSION
3	3	SENATE BILL NO. 687
4	4	103RD GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR HUDSON.
6	6	2763S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To amend chapter 536, RSMo, by adding thereto one new section relating to administrative rules.
9	9
10	10	Be it enacted by the General Assembly of the State of Missouri, as follows:
11	11	Section A. Chapter 536, RSMo, is amended by adding thereto 1
12	12	one new section, to be known as section 536.350, to read as 2
13	13	follows:3
14	14	536.350. 1. The provisions of this section are 1
15	15	intended to: 2
16	16	(1) Require agencies to regularly review their rules 3
17	17	to determine whether such rules should be continued without 4
18	18	being changed, modified, consolidated, or allowed to expire; 5
19	19	(2) Require agencies to consider the comments of the 6
20	20	public, the regulated community, and the general assembly 7
21	21	regarding the actual costs and burdens of rules being 8
22	22	reviewed under this section, and whether the rules are 9
23	23	useful, obsolete, unnecessary, duplicative, conflicting, or 10
24	24	otherwise inconsistent; 11
25	25	(3) Require that any rules continued in effect meet 12
26	26	all the legal requirements that would apply to the issuance 13
27	27	of a new rule, including any applicable cost or benefit and 14
28	28	economic requirements; and 15
29	29	(4) Provide for the automatic expiration of rules that 16
30	30	are not readopted as a result of their sunset review. 17
31	31	2. (1) Except as provided in subsection 5 of this 18
32	32	section, a rule shall expire and be null and void on the 19 SB 687 2
33	33	date adopted by the commission in subsection 3 of this 20
34	34	section. In order for an agency with authority over the 21
35	35	rule to prevent the expiration of a rule, the agency shall 22
36	36	promulgate the rule in accordance with the provisions of 23
37	37	section 536.021 following the same process for promulgation 24
38	38	of an initial rule. The process for promulgation of the 25
39	39	rule shall begin according to the schedule adopted by the 26
40	40	commission in subsection 3 of this section. 27
41	41	(2) For any rule in effect on August 28, 2025, the 28
42	42	commission shall set the initial expiration dates in 29
43	43	accordance with subsection 3 of this section. 30
44	44	(3) For any rule promulgated after August 28, 2025, 31
45	45	such rule shall expire on January first, ten years after the 32
46	46	effective date of the rulemaking that creates the new rule. 33
47	47	(4) Every rule that is promulgated under this section 34
48	48	shall subsequently expire on January first every ten 35
49	49	calendar years after its initial expiration date unless 36
50	50	promulgated again under the provisions of section 536.021. 37
51	51	3. (1) There is hereby established, within the office 38
52	52	of the secretary of state, the "Commission for the Review of 39
53	53	Administrative Rules" to consist of five members appointed 40
54	54	by the governor, with the advice and consent of the senate. 41
55	55	One of the members shall be from a list of three persons 42
56	56	submitted to the governor by the president pro tempore of 43
57	57	the senate. One of the members shall be from a list of 44
58	58	three persons submitted to the governor by the speak er of 45
59	59	the house of representatives. 46
60	60	(2) The commission shall set the initial expiration 47
61	61	dates for rules that exist on August 28, 2025, taking into 48
62	62	consideration the time and resources agencies will expend to 49
63	63	repromulgate the rule. The initial expiration years for 50
64	64	each chapter shall be set between the second and twelfth 51 SB 687 3
65	65	calendar years after August 28, 2025. The rule shall expire 52
66	66	on January first of the calendar year selected by the 53
67	67	commission. 54
68	68	(3) Each member of the commission shall ser ve without 55
69	69	compensation but may be reimbursed for his or her actual and 56
70	70	necessary expenses incurred in the performance of his or her 57
71	71	duties as a member of the commission. 58
72	72	(4) The commission shall conclude its duties by August 59
73	73	28, 2026, and shall be dissolved on that date. 60
74	74	4. An amendment to a rule through a subsequent 61
75	75	rulemaking does not affect the rule's expiration date, 62
76	76	unless the amendment completely eliminates and promulgates 63
77	77	the entire rule again through the process in section 64
78	78	536.021. If such promulgation of the rule occurs, then the 65
79	79	rule's new expiration date shall be January first, ten years 66
80	80	subsequent to the effective date of the rule being 67
81	81	promulgated again under section 536.021. 68
82	82	5. (1) The provisions of this section shall not apply 69
83	83	to the following rules: 70
84	84	(a) Rules required to comply with federal law or 71
85	85	receive federal funding; 72
86	86	(b) Rules created with grants of rulemaking authority 73
87	87	under the constitution of this state; and 74
88	88	(c) Rules created by an a gency that are directly 75
89	89	managed by a statewide elected official. 76
90	90	(2) Rules that are exempt from expiration under the 77
91	91	provisions of this subsection shall still be subject to 78
92	92	review under section 536.175. 79
93	93	(3) If a rule is otherwise exempt unde r the provisions 80
94	94	of this subsection is amended in a manner that eliminates 81
95	95	the exemption under this subsection, the rule shall be 82 SB 687 4
96	96	subject to the provisions of this section and shall expire 83
97	97	on January first, ten years after the amendment of the rule. 84
98	98	6. (1) The governor may grant an extension totaling 85
99	99	no more than three hundred sixty -five days to postpone the 86
100	100	expiration date of a rule under this section upon a written 87
101	101	request by the agency. In the agency's written request, the 88
102	102	agency shall explain why the agency cannot promulgate the 89
103	103	rule again under the time allotted by this section and why 90
104	104	the expiration of the rule would harm the public health, 91
105	105	safety, or welfare. The governor shall affirm these 92
106	106	findings in writing addressed to the sec retary of state 93
107	107	before granting an extension. 94
108	108	(2) An extension under this subsection does not affect 95
109	109	subsequent expiration dates. 96
110	110	7. (1) For each rule reviewed and proposed to be 97
111	111	retained under this section, the agency's analysis and 98
112	112	renewal shall include the following steps: 99
113	113	(a) Notify the public of the review, including making 100
114	114	the text of the notice, text of the rule, and text of all 101
115	115	other analyses associated with the review available on the 102
116	116	agency's website; 103
117	117	(b) Hold a public comment period for at least thirty 104
118	118	days; 105
119	119	(c) Provide a reasoned response to unique public 106
120	120	comments; and 107
121	121	(d) Publish a report available on the agency's website 108
122	122	that includes the analyses and the agency's response to 109
123	123	public comments. 110
124	124	(2) When an agency conducts any analyses required 111
125	125	under section 536.021 during the repromulgation or review of 112
126	126	a rule which examines the economic impact, compliance, 113
127	127	implementation, or other costs of the rule, the analyses 114 SB 687 5
128	128	shall be conducted using ac tual impacts and costs as the 115
129	129	basis for any calculation rather than estimated impacts and 116
130	130	costs. 117
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