HCS/SS/SCS/SB 469 - 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 shall be subject to a periodic review by the appropriate state agency every five years. The act creates a schedule for the periodic review of rules by their title in the Code of State Regulations. The Joint Committee on Administrative Rules (JCAR) shall cause notice to be published in the Missouri Register indicating the rules to be reviewed and also notice of the 60 day comment period. Each agency with rules under review shall prepare a report with the results of the periodic rule review. The report shall consider whether the rule: continues to be necessary or is obsolete; duplicates, overlaps or conflicts with other state, federal or local rules; needs changes or should be rescinded in order to reduce regulatory burdens on businesses, individuals or political subdivisions, or to eliminate unnecessary paperwork; and whether a less restrictive, more narrowly tailored rule could adequately protect the public or accomplish the same statutory purpose. For rules that affect small business, the agency must consider the specific public purpose or interest for adopting the rules and other reasons to justify its continued existence.
The subject agency must file its report with JCAR and the Small Business Regulatory Fairness Board within one year of notice being filed by JCAR in the Missouri Register. If the agency does not file the report, and does not receive an extension for good cause, then JCAR must notify the Secretary of State to publish notice in the Register as to the rules that are delinquent. The rules shall be void after the first sixty legislative days of the General Assembly's next regular session unless the agency cures the delinquency by providing the required report within 90 days after publication in the Register.
If a petition is filed with an agency requesting the adoption, amendment or rescission of a rule, the agency shall respond within 60 days with its determination as to whether a rule should be adopted, amended, or removed. Copies of the agency response shall be sent to JCAR and the Commissioner of Administration. A written petition shall constitute the required notice for purposes of current law provisions authorizing attorney fees and expenses in cases where an agency's actions were based on a statement of general applicability that should have been promulgated as a rule.
The act removes the requirement in current law that every agency with rules that affect small business must submit a list of such rules and a report to the General Assembly the and Small Business Regulatory Fairness Board every two years. This report contains the same information required in bill as part of the periodic review of all administrative rules.
This act is similar to SB 350 (2011) and HCS/HB 697 (2011).
JIM ERTLE