Sponsor: Sen. Eric Schmitt, District 15

This proposed constitutional amendment, if approved by the voters, creates a permanent Joint Committee on Administrative Rules. The committee members shall be chosen from members of the General Assembly as provided by law.

The committee is charged with review of all rules promulgated by state agencies and may recommend that the General Assembly disapprove and annul any rule based on certain grounds as detailed in the amendment. Any rule disapproved by majority vote of the committee shall be held in abeyance and not effective until the conclusion of certain legislative and judicial action. The amendment provides that no proposed or final order of rulemaking shall take effect if the General Assembly, by a three-fifths majority, shall disapprove such rule by concurrent resolution within thirty legislative days occurring during the same regular session of the General Assembly. The concurrent resolution must specify the grounds for disapproval and must be treated as a bill, but shall not be presented to the Governor.

Any person aggrieved by the disapproval of a rule that was based on an absence of statutory authority, a conflict with state law, or a finding that the rule was arbitrary and capricious may bring an action for de novo review in a court of competent jurisdiction. Any person aggrieved by the disapproval of a rule on other bases as set out in the amendment may bring an action for judicial review, but the legislative determination will be upheld if a rational basis exists that the rule violates any of those bases.

An amendment was adopted in the Senate to exempt the Department of Conservation from this legislation. We are grading the vote on the adopting the amendment. We supported the underlying resolution before it was changed to exempt the Department of Conservation. The amendment with the exemption violates our principle of limited government.

This resolution died in the Senate after the amendment was adopted.