Summary of the Truly Agreed Version of the Bill

CCS SCS HB 1135 -- STATE ADMINISTRATIVE RULES REVIEW

Upon the filing of a request by a state agency with 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 number, or website information that 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 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

adoption, 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.

Each state agency must periodically review all of its rules in

the Code of State Regulations according to the following

schedule:

(1) Rules contained in titles 1 through 6 must begin the review

process no later than July 1, 2015, and every five years

thereafter;

(2) Rules contained in titles 7 through 10 must begin the review

process no later than July 1, 2016, and every five years

thereafter;

(3) Rules contained in titles 11 through 14 must begin the

review process no later than July 1, 2017, and every five years

thereafter;

(4) Rules contained in titles 15 through 19 must begin the

review process no later than July 1, 2018, and every five years

thereafter; and

(5) Rules contained in titles 20 and higher must begin the

review process no later than July 1, 2019, and every five years

thereafter.

The joint committee must cause a notification of agency review to

be published in the Missouri Register indicating the rules being

reviewed. Each agency with rules subject to review must prepare

and file a report containing the results of its periodic rule review with the joint committee and the Small Business Regulatory

Fairness Board by June 30 of the year after publication of agency

review in the Missouri Register and make the report available on

the agency’s website. If a state agency does not file the report

as required for any rule, in the absence of an extension for good

cause, the joint committee must notify the Secretary of State to

publish a notice as soon as practicable in the Missouri Register

on the rules that are delinquent. The rule must be void and of

no further effect after the first 60 legislative days of the next

Regular Session of the General Assembly unless the agency

corrects the delinquency by providing the required review within

90 days after publication.

The provision requiring every agency with rules that affect small business submit a list of the rules and a report to the General

Assembly and the Small Business Regulatory Fairness Board every

two years is repealed because that same information is required

as part of the periodic review of all administrative rules.

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