Modifies provisions relating to the administrative rules process
What changed between versions
The bill now repeals existing section 536.016 and enacts four new sections (536.016, 536.180, 536.185, 536.340) instead of simply adding one new section (536.180). The bill also now covers Senate Bills 891 and 877 together.
New section 536.016 requires agencies to base rules on substantial evidence, find the rule is specifically authorized by statute, and not rely on general rulemaking authority to expand beyond what a specific statute authorizes. Agencies must also adopt procedures using empirical data to assess rule necessity, cost, and effectiveness.
New section 536.016 requires agencies to post proposed rules on their official website homepage within one business day of Missouri Register publication, including the full text, a neutral 100-word summary, and direct hyperlinks to the Missouri Register entry.
New section 536.340 requires agencies to post all substantive policy statements on their publicly accessible website and maintain a complete and current record for public inspection.
New section 536.185 requires that no state agency may file any notice of proposed rulemaking with the secretary of state without first receiving written approval from the governor. This gives the governor a veto over every proposed rule before it enters the formal process.
Section 536.180 adds language allowing the joint committee on administrative rules to hold hearings on any proposed rule or portion thereof at any time, giving the committee broader oversight authority beyond just receiving notifications.
New section 536.340 defines 'substantive policy statement' as a written expression of an agency's interpretation or opinion regarding constitutional, statutory, regulatory, or judicial requirements, including current practices based on that interpretation.
