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MO SJR42
Joint Resolution
Status
1/13/2014
Primary Sponsor
Eric Schmitt
Click for details
AI Summary
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Establishes a permanent Joint Committee on Administrative Rules selected from members of both houses of the Missouri General Assembly, with members receiving no additional compensation beyond their legislative salary but eligible for necessary expenses
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Grants the committee authority to review all state agency rules and recommend disapproval by majority vote if rules lack statutory authority, conflict with state law, are arbitrary and capricious, endanger public health or safety, exceed statutory purpose, or conflict with changed circumstances
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Allows the General Assembly to disapprove proposed or final rules by three-fifths majority through concurrent resolution within 30 legislative days of the same regular session, with rules held in abeyance until legislative action concludes
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Permits judicial review of disapproved rules with different standards: de novo review for rules disapproved on grounds of lack of authority, conflict with law, or arbitrary and capricious nature; rational basis review for rules disapproved on grounds of public danger, excessiveness, or circumstance changes
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Submits this constitutional amendment to Missouri voters at the November 2014 general election with ballot language asking whether to guarantee legislative checks on executive rulemaking authority subject to judicial review
Legislative Description
Establishes a permanent Joint Committee on Administrative Rules to review the promulgation of rules by state agencies
Last Action
S Informal Calendar S Bills for Perfection--SJR 42-Schmitt, with SS (pending)
5/16/2014