SECOND REGULAR SESSION

HOUSE BILL NO. 2245 103RD GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE WOLFIN.

5173H.02I JOSEPH ENGLER, Chief Clerk

AN ACT To repeal section 536.014, RSMo, and to enact in lieu thereof one new section relating to the sole, exclusive, and specific purpose of limitations on new administrative rules.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Section 536.014, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 536.014, to read as follows: 536.014. 1. No department, agency, commission or board rule shall be valid in the 2 event that: 3 (1) There is an absence of statutory authority for the rule or any portion thereof; or 4 (2) The rule is in conflict with state law; or 5 (3) The rule is so arbitrary and capricious as to create such substantial inequity as to 6 be unreasonably burdensome on persons affected. 7 2. No rule proposed by a department, agency, commission, or board shall take 8 effect unless the entity proposing the rule also repeals at least two of its existing rules. ✔

EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

Statutes affected:
Introduced (5173H.02): 536.014