The Munzlinger Minutes

     
  For the Week of March 31, 2014  
     
 

Checks and Balances in Government Are Important


In light of some recent press I have come across, I believe there may be some misinterpretations of Senate Joint Resolution 42. In some letters to the editor I have seen, this proposed amendment was called out as putting “politics back in Missouri conservation.” I think this allegation could not be further from the truth. The oversight of the Legislature should serve as a reassurance that your state agencies are continuing their commitment to the people with their decisions.

This amendment would simply make a permanent Joint Committee on Administrative Rules that would be responsible for ensuring rules put in place by any or all state agencies are necessary and beneficial to Missourians. The bill text states that the committee would review the promulgated rules of state agencies and look for any violation of the provisions outlined in Senate Joint Resolution 42. Members could then make a recommendation to the General Assembly to disapprove if a rule is found in violation. Then, the Legislature could vote to nullify the rule, by a three-fifths majority.

While this amendment would regulate all state agencies, the Missouri Department of Conservation (MDC) has been in the spotlight regarding its stance against the resolution for the and has asked to be carved out of the measure. Brandon Butler, director of the Conservation Federation of Missouri, has voiced his discontent that the MDC is included in this list — claiming the Legislature is not credible to handle conservation regulations. However, the Legislature has no hand in creating specific rules, it just will ensure the rules made by the agency are fair, useful, do not cause any harm and align with state law. I do not believe any bureaucracy should be excluded from that oversight.

Senate Joint Resolution 42 clearly states only six cases that will allow for a state rule to be disapproved: absence of statutory authority; conflict with state law; unreasonable burden on persons affected; endangerment of public health; safety or welfare; excessive restriction; and changes in circumstances since the proposal of the rule. I believe that our state departments should have no problem adhering to those limits mentioned if they are truly serving the people. I feel that the MDC has and hopes to continue to rule within those parameters.

The established committee would not make the regulations for each of the agencies. All of the rules — from seasons and bag limits to waterway regulations — would still be under MDC jurisdiction, and rightly so. We have a very successful conservation program. The only difference is that if a rule was enacted that fell under the aforementioned categories for nullification, the General Assembly would have the power to step in and stop any action that wasn’t in the best interests of the people of Missouri.

This is not a matter of removing power from government agencies, no matter how you spin it. This would only give the General Assembly the power to rein in any agency overstepping its duty as provided by the constitution or state statute. It is a fail-safe operation to guarantee that the people’s input is always considered. Fittingly, the final decision will be left with the people to ratify this amendment, if the Legislature approves.

As always, if you have any concerns, please contact my office. Thank you.

 


Senator Munzlinger serves the counties of Adair, Chariton, Clark, Knox, Lewis, Linn, Macon,
Marion, Pike, Schuyler, Scotland, Shelby, Ralls and Randolph.

If you have questions or comments about this or any other issue, please call (573) 751-7985 or by e-mail by clicking here.

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