FIRST REGULAR SESSION

[I N T R O D U C E D]

SENATE BILL NO. 372

89th GENERAL ASSEMBLY


S1455.01I

AN ACT

     To amend chapter 536, RSMo, by adding thereto one new section relating to administrative rules.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Chapter 536, RSMo, is amended by adding thereto one new section, to be known as section 536.016, to read as follows:

     536.016. 1. Any other provision of law to the contrary notwithstanding, a rule adopted by any state agency shall not be more restrictive than is necessary to carry out the purposes of the statute granting rulemaking authority.

     2. Any state agency shall promulgate rules based upon substantial evidence on the record after public hearing and a finding by the agency that the rule is significant and necessary to carry out the purposes of the statute that granted rulemaking authority.

     3. Each state agency shall adopt procedures, through formal rulemaking, by which it will determine whether a rule is significant and necessary. Such criteria and rulemaking shall be based upon reasonably available empirical data and shall include an assessment of the effectiveness and the cost of rules both to the state and to any private or public entities affected by the rule.