To repeal section 536.024, RSMo Supp. 1996, relating to the joint committee on administrative rules, and to enact in lieu thereof one new section relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Section 536.024, RSMo Supp. 1996, is repealed and one new section enacted in lieu thereof, to be known as section 536.024, to read as follows:

     536.024. 1. When the general assembly authorizes any state agency to adopt administrative rules or regulations [pursuant to this section], the granting of such rulemaking authority and the validity of such rules and regulations is contingent upon the agency complying with the provisions of this section in promulgating such rules after June 3, 1994.

     2. [No rule or portion of a rule promulgated under the authority of any provision of Missouri statutes shall become effective until it has been approved by the joint committee on administrative rules in accordance with the procedures provided herein, and the delegation of the legislative authority to enact law by the adoption of such rules is dependent upon the power of the joint committee on administrative rules to review and suspend rules pending ratification by the senate and the house of representatives as provided herein.

     3.] Upon filing any proposed rule with the secretary of state, the filing agency shall concurrently submit such proposed rule to the committee, which may hold hearings upon any proposed rule or portion thereof at any time.

     [4.] 3. A final order of rulemaking shall not be filed with the secretary of state until [thirty days after such] the final order of rulemaking has been received by the committee. The committee may hold one or more hearings upon such final order of rulemaking [during the thirty-day period. If the committee does not disapprove such order of rulemaking within the thirty-day period, the filing agency may file such order of rulemaking with the secretary of state and the order of rulemaking shall be deemed approved].

     [5.] 4. The committee may, by majority vote of the members, [suspend the] recommend that the general assembly initiate an action to seek a declaratory judgement that such proposed order of rulemaking or portion thereof is void and invalid or recommend that the general assembly revoke such rule or portion thereof pursuant to subsection 7 of this section [by action taken prior to the filing of the final order of rulemaking] only for one or more of the following grounds:

     (1) An absence of statutory authority for the proposed rule;

     (2) An emergency relating to public health, safety or welfare;

     (3) The proposed rule is in conflict with state law;

     (4) A substantial change in circumstance since enactment of the law upon which the proposed rule is based;

     (5) The proposed rule is arbitrary and capricious.

     5. An action brought pursuant to subsection 4 of this section shall be brought, pursuant to section 536.050, RSMo, in the circuit court of Cole County and shall seek a declaratory judgement that such rule or portion thereof is void and invalid. The court shall conduct a hearing on any action brought pursuant to subsection 4 of this section within thirty days of the date such action is filed, and the court shall issue a final ruling or order on the validity of the rule or portion thereof no later than thirty days following the conclusion of the hearing. If a final ruling or order regarding an action brought pursuant to subsection 4 of this section is appealed, the appellate court of jurisdiction shall conduct a hearing on such appeal within thirty days of the date such appeal is filed, and the appellate court shall issue a final ruling or order on the appeal no later than thirty days following the conclusion of the hearing.

     6. [If the committee disapproves any rule or portion thereof, the filing agency shall not file such disapproved portion of any rule with the secretary of state and the secretary of state shall not publish in the Missouri Register any final order of rulemaking containing the disapproved portion.

     7.] If the committee [disapproves] votes to initiate an action pursuant to subsection 4 of this section with respect to any proposed rule or portion thereof, the committee shall report its findings to the senate and the house of representatives. No rule or portion thereof [disapproved by the committee] shall [take] remain in effect [so long as] after the senate and the house of representatives ratify [the act] a recommendation of the joint committee to revoke such rule by adopting a concurrent resolution [adopted] in each house within thirty legislative days after such [rule or portion thereof has been disapproved] recommendation by the joint committee.

     [8.] 7. Upon adoption of a rule as provided herein, any such rule or portion thereof may be suspended or revoked by the general assembly either by bill or, pursuant to section 8, article IV of the constitution, by concurrent resolution [upon recommendation of the joint committee on administrative rules]. The committee shall be authorized to hold hearings and make recommendations pursuant to the provisions of section 536.037. The secretary of state shall publish in the Missouri Register, as soon as practicable, notice of the suspension or revocation.

     [9.] 8. The provisions of this section shall not apply to rules promulgated by the public service commission and the labor and industrial relations commission.