HB 1135 -- State Administrative Rules Review

Sponsor:  Smith (150)

Upon the request by a state agency to the Joint Committee on
Administrative Rules and the Secretary of State and after
publication in the Missouri Register, this bill authorizes the
Secretary of State to make non-substantive changes to the Code of
State Regulations to update the agency's name, address, phone, or
website information which are needed because of statutory changes
or executive orders.

Within 60 days after receipt by an agency of a written petition
filed by an individual requesting it to adopt, amend, or repeal a
rule, the bill requires the agency to submit a written response
to the petitioner and a copy of the response to the Joint
Committee on Administrative Rules and the Commissioner of
Administration containing its determination, along with a concise
summary of the basis for its determination.  If the agency
determines that the rule merits amendment or recision, it must
initiate the applicable proceedings.  The joint committee may
refer comments or recommendations regarding the rule to the
General Assembly for further action.

The bill specifies that any administrative rules filed by a state
agency on or after August 28, 2012, must automatically terminate
10 years after its effective date.  Any rule in effect on August
28, 2012, will expire as follows:

(1)  Rules which became effective on or before December 31, 1989,
will expire June 30, 2015;

(2)  Rules which became effective between January 1, 1990, and
December 31, 1995, will expire June 30, 2016;

(3)  Rules which became effective between January 1, 1996, and
December 31, 2000, will expire June 30, 2017;

(4)  Rules which became effective between January 1, 2001, and
December 31, 2005, will expire June 30, 2018;

(5)  Rules which became effective between January 1, 2006, and
December 31, 2007, will expire June 30, 2019; and

(6)  Rules which became effective between January 1, 2008, and
August 28, 2012, including all rules filed but not yet effective
as of August 28, 2012, will expire June 30, 2020.

If an agency wants to continue the effectiveness of a rule beyond
its scheduled termination date, the agency must re-establish the
rule at least once every 10 years.

For each rule, amendment, or repromulgation filed on or after
August 28, 2012, the agency must review the rule to determine
whether the rule continues to be necessary, considering the
purpose, scope, and intent of the statute under which the rule
was adopted; whether the rule is obsolete; whether the rule
duplicates, overlaps, or conflicts with other rules or statutes;
whether a less restrictive, more narrowly tailored or alternative
rule could adequately protect the public to accomplish the same
statutory purpose; whether the rule needs to be amended or
rescinded to reduce regulatory burdens on individuals,
businesses, or political subdivisions to eliminate unnecessary
paperwork; and whether the rule incorporates a text or other
material by reference and, if so, whether the text or material
meets statutory requirements.

The Joint Committee on Administrative Rules must provide a report
on a semi-annual basis to state departments and the Secretary of
State and must post the information on its website detailing
which rules are scheduled to terminate within two years of the
date of the report.  In no event must the inclusion or non-
inclusion of a rule in a report affect the scheduled termination
date of a rule.  The state agency with authority to establish a
rule must ultimately remain responsible for monitoring the
effectiveness of its rules.

Missouri House of Representatives
Last Updated January 6, 2012 at 5:43 pm