Bill Text: OR HB2720 | 2013 | Regular Session | Introduced

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Bill Title: Relating to legislative review of administrative rules; declaring an emergency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2720 Detail]

Download: Oregon-2013-HB2720-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1023

                         House Bill 2720

Sponsored by Representative THOMPSON

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Prohibits state agencies from filing administrative rule with
Secretary of State unless rule has been reviewed by joint
committee of Legislative Assembly. Exempts temporary rules.
Prohibits joint committee from disapproving rule.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to legislative review of administrative rules; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS 183.310 to 183.410. + }
  SECTION 2.  { + (1) An agency may not file a rule with the
Secretary of State under ORS 183.355 until the rule has been
reviewed by a joint committee of the Legislative Assembly in
accordance with this section. The President of the Senate and the
Speaker of the House of Representatives shall designate the joint
committees reviewing rules under this section based on the
subject matter of the rules. The President of the Senate and the
Speaker of the House of Representatives may establish a permanent
joint committee for reviewing rules and designate that committee
to review specified rules.
  (2) The agency shall provide to the committee designated under
subsection (1) of this section the record on which the agency
relied, including any testimony received at public hearings held
by the agency.
  (3) The joint committee designated under subsection (1) of this
section shall take public testimony regarding any rule reviewed
under this section. The joint committee:
  (a) Shall determine whether the rule is consistent with
legislative intent for the statutes implemented by the rule;
  (b) May consider whether the statutes implemented by the rule
should be revised to reflect changes in circumstances that have
occurred since the statutes were enacted;
  (c) May introduce legislation addressing the subject matter of
the rule; and
  (d) May not disapprove the rule.
  (4) This section does not apply to temporary rules adopted
under ORS 183.335 (5), except that agencies shall give notice to
the President of the Senate and the Speaker of the House of

Representatives of all temporary rules adopted under ORS 183.335
(5).
  (5) A rule filed with the Secretary of State under ORS 183.355
that does not comply with the requirements of this section is
void. + }
  SECTION 3.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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