HB 2245: Limitations on New Administrative Rules
Sponsor: Bryant Wolfin
SUPPORT
Restrains unelected bureaucratic growth.
HB 2245 amends Missouri's administrative procedure law (ยง536.014, RSMo) to tighten limits on state agency rulemaking. While it keeps existing validity standards, it adds a new requirement: no new rule proposed by a department or agency may take effect unless that same entity repeals at least two of its existing rules.
What Does This Bill Do?
- "Two-for-One" Repeal Requirement: Mandates that no new rule proposed by a state agency can take effect unless that same entity repeals at least two of its existing rules.
- Retains Existing Safeguards: Maintains current laws that invalidate rules if they lack statutory authority, conflict with state law, or are arbitrary and capricious.
- Shifts Regulatory Trajectory: Changes the default direction of state regulation from "always growing" to "must shrink," creating a built-in brake on the administrative code.
Constitutional or Critical Context
This bill doesn't move power between state and local levels, but it does restrain the central bureaucracy by making it harder to expand regulations. This supports a more accountable, limited government under the legislature and, ultimately, the people, strengthening the separation of powers by constraining unelected rulemakers.
Red Flags & Recommended Amendments
Potential Gaming of Repeals
Agencies could satisfy the requirement by repealing trivial or obsolete rules while still expanding their effective control through more powerful new rules.
No Critical Structural Flaws
Aside from the minor risk of agencies "trading up" (repealing small rules for big ones), the bill is structurally sound with no "Critical" or "Serious" constitutional red flags.
Act for Missouri Recommendation:
Act for Missouri SUPPORTS this bill. It aligns with our constitutional, pro-family, and pro-liberty criteria by pushing toward a smaller, more accountable state and discouraging regulatory sprawl.