Missouri 2024 2024 Regular Session

Missouri Senate Bill SB1141 Introduced / Bill

Filed 12/08/2023

                     
SECOND REGULAR SESSION 
SENATE BILL NO. 1141 
102ND GENERAL ASSEMBLY  
INTRODUCED BY SENATOR MOON. 
3805S.01I 	KRISTINA MARTIN, Secretary  
AN ACT 
To repeal section 536.037, RSMo, and to enact in lieu thereof two new sections relating to state 
enforcement of federal regulations. 
 
Be it enacted by the General Assembly of the State of Missouri, as follows: 
     Section A.  Section 536.037, RSMo, is repealed and two new 1 
sections enacted in lieu thereof, to be known as sections 1.360 2 
and 536.037, to read as follows:3 
     1.360.  1.  To ensure that the powers reserved to this 1 
state under Amendment X to the Constitution of the United 2 
States are protected and to ensure that the federal 3 
government does not encroach on this state's status as an 4 
independent sovereign in a federal system of governance, all 5 
federal rules and regulations shall be subject to review. 6 
     2.  No department or agency of this state shall enforce 7 
any rule or regulation promulgated by any federal agency 8 
within the borders of this state unless the enforcement of 9 
such regulation is approved by the general assembly. 10 
     3.  No rule or regulation promulgated on or after 11 
August 28, 2024, by any department or agency of this state 12 
in conjunction with the enforcement of any regulation 13 
promulgated by any federal agency shall be enforceable 14 
unless such rule or regulation is approved by the general 15 
assembly. 16 
     4.  Any existing rule or regulation promulgated before 17 
August 28, 2024, by any department or agency of this state 18   SB 1141 	2 
in conjunction with the enforcement of any rule or 19 
regulation promulgated by any federal agency that is in 20 
force and effect after August 28, 2024, s hall be subject to 21 
review by the committee on administrative rules, established 22 
under section 536.037.  The committee shall determine 23 
whether such rule or regulation shall continue to be 24 
enforced and shall make a recommendation thereof to the 25 
general assembly.  The general assembly shall review all 26 
rules and regulations referred to it by the committee and 27 
shall approve or disapprove the continued enforcement of 28 
such rules or regulations.  No rule or regulation that the 29 
general assembly disapproves shall be enforceable unless and 30 
until the rule or regulation is again referred to the 31 
general assembly by the committee on administrative rules 32 
and then approved by the general assembly.  Any rule or  33 
regulation that the general assembly approves shall continue  34 
to be enforced unless such rule or regulation is repealed by 35 
the agency or department. 36 
     536.037.  1.  There is established a permanent joint 1 
committee of the general assembly to be known as the 2 
"Committee on Administrative Ru les", which shall be composed 3 
of five members of the senate and five members of the house 4 
of representatives.  The senate members of the committee 5 
shall be appointed by the president pro tem of the senate 6 
and the house members by the speaker of the hou se.  The  7 
appointment of each member shall continue during his term of 8 
office as a member of the general assembly unless sooner 9 
removed.  No major party shall be represented by more than 10 
three appointed members from either house.   11 
     2.  The committee on administrative rules shall meet 12 
within ten days after its creation and organize by selecting 13 
a chairman and a vice chairman, one of whom shall be a 14   SB 1141 	3 
member of the senate and one of whom shall be a member of 15 
the house of representatives.  A majority of the members  16 
constitutes a quorum.  Meetings of the committee may be 17 
called at such time and place as the chairman designates.   18 
     3.  The committee shall review all rules promulgated by 19 
any state agency after January 1, 1976, except rules 20 
promulgated by the labor and industrial labor relations 21 
commission.  In its review the committee may take such 22 
action as it deems necessary which may include holding 23 
hearings.   24 
     4.  The committee shall review all rules and 25 
regulations promulgated before August 28, 2024, by any 26 
federal agency or by any state agency in conjunction with 27 
the enforcement of any rule or regulation promulgated by any 28 
federal agency that are in force and effect on August 28, 29 
2024, and determine whether such rules and regulat ions  30 
should continue to be enforced under section 1.360.  In its  31 
review, the committee may take such action as it deems 32 
necessary, which may include holding hearings.  The  33 
committee shall refer all reviewed rules and regulations to 34 
the general assembly with a recommendation of whether such 35 
rule or regulation should be enforceable.  Any citizen of  36 
this state may request the review of any specific rule or 37 
regulation, and the committee shall review such rule or 38 
regulation. 39 
     5.  The members of the committee shall receive no 40 
compensation in addition to their salary as members of the 41 
general assembly, but may receive their necessary expenses 42 
while attending the meetings of the committee, to be paid 43 
out of the joint contingent fund. 44 
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