SCS/HCS/HB 697 - This act modifies provisions regarding the updating and review of administrative rules. The Secretary of State is given the authority to make non-substantive changes to the Code of State Regulations to update state agency information, such as name or address changes.This act provides that every state administrative rule that is filed by any state agency after August 28, 2011, shall be accompanied by a rule review schedule that contains a date, no later than six years from the rule's most recent effective date, by which the rule will next be reviewed by the state agency.
For rules in effect prior to August 28, 2011, each state agency must set a review date for such rules by July 1, 2014. Such dates must be submitted to the Joint Committee on Administrative Rules (JCAR). Each agency must complete its initial review of all such rules no later than June 30, 2020.
JCAR shall provide each state agency with a list of rules for which it has not received a review date by the July 1, 2014 deadline. If the agency does not file the required review schedule within 90 days of such notice, then such rule shall be listed in the Missouri Register as void in 90 days unless the agency provides a review date for the rule. For any rule with a review date where the agency fails to conduct the review, the act provides for such rule to be listed in the Register as void in 90 days unless the agency conducts the review.
For each rule reviewed under this act, the agency shall consider the continued need for the rule, the nature of any complaints or comments about the rule, and any factors that have changed in the subject matter area affected by the rule, including whether the rule needs changes or should be rescinded in order to reduce regulatory burdens on business, eliminate unnecessary paperwork, and whether the rule duplicates, overlaps or conflicts with other rules or statutes.
Prior to the rule review date, the agency shall file a report of the required determinations and review with JCAR. The report shall describe any action to be taken by the agency with regard to the rule. If the agency determines that no changes need to be made to the rule, the agency shall file certain information outlined in the act with JCAR and the Secretary of State.
The Joint Committee on Administrative Rules shall provide an annual report to state agencies and the Secretary of State on rules that are scheduled to expire within the upcoming two years, however, the state agencies retain ultimate responsibility for monitoring the review of their rules.
This act is similar to SCS/SB 350 (2011).
JIM ERTLE