Bill Text: OR SB333 | 2013 | Regular Session | Introduced
Bill Title: Relating to administrative rules; declaring an emergency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB333 Detail]
Download: Oregon-2013-SB333-Introduced.html
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 2165
Senate Bill 333
Sponsored by Senator WINTERS (Presession filed.)
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 agencies from adopting any rule that becomes
effective on or after effective date of Act and before July 1,
2014. Specifies exceptions.
Establishes Joint Legislative Committee on Rule Review.
Directs committee to review all rules adopted by agencies.
Requires report on rules reviewed. Allows committee to introduce
legislation addressing subject matter of rules reviewed by
committee.
Requires committee to review all rules in effect on effective
date of Act before February 1, 2014, and prepare report
reflecting committee's determinations.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to 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 183.325 to 183.410. + }
SECTION 2. { + (1) Except as provided in this section, an
agency may not adopt any rule that becomes effective on or after
the effective date of this 2013 Act and before July 1, 2014.
(2) Subsection (1) of this section does not apply to:
(a) Adoption of rules that are required by federal law;
(b) Adoption of rules for administration of laws that are
enacted on or after January 1, 2013; or
(c) Repeal of rules.
(3) The Governor may exempt a rule from the prohibitions of
subsection (1) of this section if the Governor:
(a) Makes a written finding that public health, economic
development or public safety would be jeopardized if the rule is
not implemented; and
(b) Issues an executive order specifically exempting the rule
from the prohibitions of subsection (1) of this section.
(4) Notwithstanding ORS 183.400, upon judicial review of a rule
a court shall declare the rule invalid if the rule violates this
section. + }
SECTION 3. { + (1) The Joint Legislative Committee on Rule
Review is established and consists of:
(a) Five members of the Senate appointed by the President of
the Senate; and
(b) Five members of the House of Representatives appointed by
the Speaker of the House.
(2) The committee has a continuing existence and may meet, act
and conduct business during sessions of the Legislative Assembly
or any recess, and in the interim between sessions.
(3) The term of a member shall expire upon the date of the
convening of the odd-numbered year regular session of the
Legislative Assembly next following the commencement of the
member's term.
(4) Members of the committee shall receive an amount equal to
that authorized under ORS 171.072 from funds appropriated to the
Legislative Assembly for each day spent in the performance of
their duties as members of the committee.
(5) The committee may not transact business unless a quorum is
present. For purposes of this section, a quorum consists of a
majority of committee members from the House of Representatives
and a majority of committee members from the Senate.
(6) Action by the committee requires the affirmative vote of a
majority of committee members from the House of Representatives
and a majority of committee members from the Senate. + }
SECTION 4. { + (1) The Legislative Counsel shall provide to
the Joint Legislative Committee on Rule Review established under
section 3 of this 2013 Act a copy of every rule submitted to the
Legislative Counsel under ORS 183.715.
(2) The committee shall review all rules provided to the
committee under subsection (1) of this section for the purpose of
determining:
(a) Whether the rule is consistent with legislative objectives
in enacting the statutes implemented by the rule;
(b) Whether the underlying statutes should be revised to
reflect changes in circumstances that have occurred since the
statutes were enacted;
(c) Whether the anticipated fiscal impact of the rule was
underestimated or overestimated;
(d) Whether there is continued need for the rule; and
(e) Whether a less restrictive rule, or less costly rule, would
better implement the intent of the enabling legislation.
(3) Based on the review conducted under this section, the
committee shall prepare a report not later than February 1 of
each odd-numbered year that reflects the determinations of the
committee on the rules reviewed by the committee in the
immediately preceding two-year period. The committee may
introduce legislation addressing the subject matter of the rules
reviewed by the committee. + }
SECTION 5. { + On or before February 1, 2014, the Joint
Legislative Committee on Rule Review established under section 3
of this 2013 Act shall review all rules in effect on March 1,
2013, in the manner described in section 4 (2) of this 2013 Act.
The committee shall prepare a report not later than February 1,
2014, that reflects the determinations of the committee on the
rules reviewed by the committee. The committee may introduce
legislation addressing the subject matter of the rules reviewed
by the committee under this section. + }
SECTION 6. { + 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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