4213-S AMS GO S5435.1

SHJR 4213 - S COMM AMD

By Committee on Government Operations

    On page 1, beginning on line 8, strike everything through "Constitution." on line 19, and insert the following:

    "Article II, section ....  Whenever the legislature finds that an agency of the executive branch has adopted a rule that is inconsistent with legislative intent or in excess of the authority of the agency, the legislature may, by majority vote of all members elected to each house, adopt a resolution invalidating the rule.  The terms of the resolution must contain the legislature's findings.  The resolution becomes effective ninety days after adjournment of the session at which the resolution is adopted.  This power to invalidate rules does not apply to agency actions that are of a quasi-judicial nature, nor does it extend to rules concerning only the internal management of agencies.  Resolutions adopted under this provision are not subject to Article III, section 12 of this Constitution.  When a resolution adopted under this section is challenged in court, the legislature bears the burden of proof of the validity of the findings on which the resolution was based."

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