NO. 93-12
WHEREAS:
- In the regular
session of
the 1993 General
Assembly,
several bills
were enacted
into law that
provide for
review of
proposed administrative
rules by the
Joint Committee
on Administrative
Rules and
the General
Assembly.
These bills
include Senate
Bill 52, signed
into law today,
which revises
and makes
uniform the
procedure
for reviewing
proposed administrative
rules by the
Joint Committee
on Administrative
Rules and
the General
Assembly.
- These provisions
were enacted
in part because
of the widespread
belief that
the present
statutory
grant of power
to the Joint
Committee
on Adminstrative
Rules to disapprove
a proposed
administrative
rule is unconstitutional.
See, Dean,
"Legislative
Veto of Administrative
Rules in Missouri:
A Constitutional
Virus," 57
Missouri Law
Rev. 1157
(1992).
- Senate Bill
52 and the
other recent
laws limit
the authority
of the Joint
Committee
on Administrative
Rules to the
power to suspend
temporarily
a proposed
rule pending
ratification
of the committee's
disapproval
by resolutions
of the Senate
and the House
of Representatives.
The committee's
power is limited
to suspending
and recommending
disapproval
of administrative
rules for
only a limited
number of
reasons, including:
(1) an absence
of statutory
authority
for the proposed
rules; (2)
an emergency
related to
public health,
safety or
welfare; (3)
the proposed
rule is in
conflict with
state law;
(4) a substantial
change in
circumstance
since the
enactment
of the law
on which the
proposed rule
is based.
- The recent
legislation
does not spell
out whether
or not resoolutions
of the General
Assembly disapproving
proposed administrative
rules need
to be presented
to the Governor
for his signature.
On two previous
occasions,
that would
have allowed
legislative
veto of adminstrative
rules upon
the concurrence
of both houses
of the General
Assembly without
presentment
to the Governor.
These proposed
constitutional
changes were
defeated by
the voters
in 1976 and
1982.
- The current
Missouri Constitution,
Article 4,
Section 8,
provides:
"Every resolution
to which the
concurrence
of the senate
and house
of representatives
may be necessary,
except on
questions
of adjournment,
going into
joint session,
and of amending
this constitution,
shall be presented
to the Governor,
and before
the same shall
take effect,
shall be proceeded
upon in the
same manner
as in the
case of a
bill; provided
that no resolution
shall have
the effect
to repeal,
extend, or
amend any
law."
- The drecent
legislative
enactments,
which provide
for disapproval
of proposed
administrative
rules, clearly
require resolutions
that must
necessarily
have the concurrence
of both houses
of the General
Assembly.
Accordingly,
under Article
4, Section
8, such resolutions
must be presented
to the Governor
for his signature
or veto, in
the manner
prescribed
for bills
under the
constitution.
See, State
ex rel. Jones
v. Atterbury,
300 S. W.
2d 806 (Mo.
1957).
- It is the
duty of the
Executive
Brance to
interpret
and apply
statutes in
a manner that
is consistent
with the constitution.
To assure
that this
is done, and
that provisions
of law relating
to administrative
rules are
given uniform
application
throughout
the Executive
Branch, it
is appropriate
for this Executive
Order to prescribe
the manner
in which the
Executive
Branch is
to apply the
law.
NOW, THEREORE, I, Mel Carnahan, Governor of the State of Missouri, by virtue of the authority vested in me by the Constitution and laws of the State of Missouri, do hereby order that:
- Each Executive
Branch department,
agency, commission,
and board
shall give
force and
effect to
resolutions
disapproving
an administrative
rule, or resolutions
ratifying
the action
of the Joint
Committee
on Administrative
Rules disapproving
a proposed
rule, only
if the resolutions
are signed
by the Governor
or approved
by two-thirds
of each house
of the General
Assembly after
veto by the
Governor,
as provided
in Article
3, Section
31 and 32,
and Article
4, Section
8 of the Missouri
Constitution.
- No Executive Branch department, agency, commission, or board shall give any force or effect to an action by the Joint Committee on Administrative Rules suspending an proposed rule after the expiration of thirty legislative days from the date of the action of the Joint Committee on Administrative Urles suspending or disapproving a proposed rule, unless the committee's action has beeen ratified in the manner set forth in paragraph 1, immediately above.
| IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 2nd day of July, 1993. |
| [Mel Carnahan's signature] | GOVERNOR |
ATTEST:
[Judith K. Moriarty's signature]
SECRETARY OF STATE