Bill Text: OR SB335 | 2013 | Regular Session | Introduced

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Bill Title: Relating to periodic legislative review of state government.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB335 Detail]

Download: Oregon-2013-SB335-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 2463

                         Senate Bill 335

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.

  Directs Legislative Assembly to review state agencies and
programs, taxes and fees administered by state agencies every six
years. Abolishes state agencies that are not continued by
legislative Act enacted during year of review.
  Establishes Sunset Advisory Commission. Directs commission to
review and evaluate state agencies and programs, taxes and fees
administered by state agencies and make recommendations on
abolition or continuation of agencies and programs, taxes and
fees administered by agencies.
  Provides that provisions requiring review of state agencies and
programs, taxes or fees administered by state agencies become
operative January 1, 2015. Prohibits abolishment of state agency
under Act until earlier of review of agency by Legislative
Assembly or 2022.

                        A BILL FOR AN ACT
Relating to periodic legislative review of state government.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { +  Definitions. As used in sections 1 to 12 of
this 2013 Act:
  (1) 'Fee' means a charge imposed by a state agency that is not
a tax.
  (2) 'Program' means a discrete grouping of tasks, goals and
actions undertaken by a state agency to achieve a purpose or
coordinated set of purposes and that has been identified by the
state agency as a program for purposes of sections 1 to 12 of
this 2013 Act.
  (3) 'State agency' means an agency in the executive department,
as defined in ORS 174.112.
  (4) 'Tax' means a charge imposed by a state agency for the
purpose of raising revenue for general governmental purposes. + }
  SECTION 2.  { +  Continuation or abolition of state agencies,
programs, taxes and fees. (1) A state agency and each program,
tax or fee administered by a state agency may be continued by the
Legislative Assembly for a period of not more than six years from
the year following the date on which the agency and each program,
tax or fee administered by the agency is reviewed under sections
1 to 12 of this 2013 Act.
  (2) Subject to subsection (1) of this section, the Legislative
Assembly may by Act authorize the continuation of a state agency
and the continuation of programs, taxes and fees of a state
agency. No more than one state agency may be continued in any
Act. All, or any combination of, programs, taxes and fees
administered by the agency may be included in the Act continuing
the agency or may be continued in separate Acts.
  (3) A state agency or each program, tax or fee established by a
state agency for which the Legislative Assembly fails to continue
in an Act described in subsection (2) of this section at the time
described in subsection (1) of this section is abolished.
  (4) Except as otherwise provided by law, all programs, taxes
and fees administered by a state agency shall be continued or
abolished during the same legislative session in which the state
agency is continued.
  (5) If a state agency is abolished under subsection (3) of this
section, all programs, taxes and fees administered by the state
agency are also abolished. + }
  SECTION 3.  { + Commission created. (1) The Sunset Advisory
Commission is created and consists of:
  (a) Five members of the Senate, and a public member, appointed
by the President of the Senate; and
  (b) Five members of the House of Representatives, and a public
member, appointed by the Speaker of the House of Representatives.
  (2) Members of the commission serve four-year terms.
  (3) A public member may not serve more than two consecutive
terms. A public member is considered to have served a term for
the purposes of this subsection only if the member has served
more than half of the term.
  (4) If a vacancy occurs, the appropriate appointing authority
shall appoint a person to serve for the remainder of the
unexpired term.
  (5) The commission shall elect a chairperson and vice
chairperson as presiding officers.
  (6) Seven members of the commission constitute a quorum for the
transaction of business. A final action or recommendation may not
be made unless approved by a vote of a majority of the
commission's full membership.
  (7) A public member of the commission is entitled to
reimbursement for actual and necessary expenses incurred in
performing commission duties as provided in ORS 292.495. A
legislative member is entitled to payment of compensation and
expenses under ORS 171.072 from funds appropriated to the
Legislative Assembly. + }
  SECTION 4.  { + Staff. The Sunset Advisory Commission shall
employ an executive director for the commission. The executive
director shall employ persons necessary to carry out sections 1
to 12 of this 2013 Act with funds made available by the
Legislative Assembly. + }
  SECTION 5.  { + Agency report to commission. Before January 1
of the calendar year before the year in which a state agency is
to be continued or abolished, the state agency shall report to
the Sunset Advisory Commission:
  (1) Information regarding the application to the state agency
of the criteria in section 8 of this 2013 Act; and
  (2) Any other information that the state agency considers
appropriate or that is requested by the commission. + }
  SECTION 6.  { +  Commission duties. Before June 1 of the
calendar year before the year in which a state agency is to be
continued or abolished, the Sunset Advisory Commission shall:
  (1) Review and take action necessary to verify the reports
submitted by the state agency under section 5 of this 2013 Act;
  (2) Conduct a performance evaluation of the state agency based
on the criteria provided in section 8 of this 2013 Act and
prepare a written report; and
  (3) Review the implementation of commission recommendations
contained in the reports presented to the Legislative Assembly
during the preceding legislative session. + }

  SECTION 7.  { + Commission report. (1) At each regular session,
the Sunset Advisory Commission shall present to the Legislative
Assembly and the Governor a report on the state agencies
scheduled to be continued or abolished, and on the programs,
taxes and fees of those agencies.
  (2) In the report required by this section, the commission
shall include:
  (a) The commission's specific findings regarding each of the
criteria prescribed by section 8 of this 2013 Act;
  (b) The commission's recommendations based on the matters
prescribed by section 9 of this 2013 Act; and
  (c) Other information the commission considers necessary for a
complete evaluation of the state agency and the programs, taxes
and fees administered by the state agency. + }
  SECTION 8.  { + Criteria for review. The Sunset Advisory
Commission shall consider the following criteria in determining
whether a public need exists for the continuation of a state
agency or for the continuation of a program, tax or fee
administered by a state agency:
  (1) The efficiency with which the state agency operates.
  (2) An evaluation of the mission of the state agency, including
the problem or need that the state agency was intended to
address, the extent to which the objectives have been achieved
and any activities of the state agency in addition to those
granted by statute and the authority for those activities.
  (3) Whether there are less restrictive or alternative methods
of carrying out any program that the state agency administers
that could adequately protect the public.
  (4) The extent to which the jurisdiction of the state agency
and the programs administered by the state agency overlap or
duplicate those of other state agencies and the extent to which
the programs administered by the state agency can be consolidated
with the programs of other state agencies.
  (5) Whether the state agency has recommended to the Legislative
Assembly statutory changes that benefit the public instead of the
occupation, business or institution that the state agency
regulates.
  (6) The promptness and effectiveness with which the state
agency disposes of complaints concerning persons affected by the
state agency.
  (7) The extent to which the state agency has encouraged
participation by the public in making rules and decisions as
opposed to participation solely by regulated persons, and the
extent to which the public participation has resulted in rules
compatible with the objectives of the state agency.
  (8) The extent to which the state agency has complied with
applicable requirements of:
  (a) Agencies of the United States or of this state relating to
equality of employment opportunity and the rights and privacy of
individuals; and
  (b) State law relating to purchasing goals and programs.
  (9) The extent to which changes are necessary in the enabling
statutes of the state agency to allow the state agency to
adequately comply with the criteria listed in this section.
  (10) The extent to which any fee administered by the state
agency is at a level to be an adequate but not excessive source
of revenue for the purposes for which the fee revenues are
dedicated.
  (11) The extent to which any tax administered by the state
agency, including any tax expenditure, as defined in ORS 291.201,
is an appropriate, efficient and economically sound method to
raise revenue for general governmental purposes. + }
  SECTION 9.  { + Recommendations. The Sunset Advisory Commission
shall include in the report required by section 7 of this 2013
Act:

  (1) Recommendations on the abolition, continuation or
reorganization of each state agency and on the need for
continuing the functions of the state agency;
  (2) Recommendations on the consolidation, transfer or
reorganization of programs within state agencies that are not
under review under sections 1 to 12 of this 2013 Act if the
programs duplicate functions performed by state agencies under
review;
  (3) Recommendations on the abolition or continuation of each
tax or fee administered by each state agency under review; and
  (4) Proposed legislation necessary to carry out the
commission's recommendations under this section. + }
  SECTION 10.  { +  Monitoring of recommendations. During each
legislative session, the staff of the Sunset Advisory Commission
shall monitor legislation affecting state agencies that have
undergone sunset review and shall periodically report to the
members of the commission on proposed changes that would modify
prior recommendations of the commission. + }
  SECTION 11.  { + Subpoena power. (1) The Sunset Advisory
Commission may issue process to compel the attendance of
witnesses and the production of books, records, papers and other
objects necessary or proper for the purposes of the commission
proceedings.
  (2) If a majority of the commission directs the issuance of a
subpoena, the chairperson shall issue the subpoena in the name of
the commission.
  (3) A witness who attends a commission proceeding under process
is entitled to the same mileage and per diem as a witness who
appears before a grand jury in this state. + }
  SECTION 12.  { + Assistance of and access to state agencies.
(1) State agencies shall assist the Sunset Advisory Commission
upon request by the commission or the commission's staff.
  (2) In carrying out its functions under sections 1 to 12 of
this 2013 Act, the commission or its designated staff member may
inspect the records, documents and files of any state agency. + }
  SECTION 13.  { +  Captions. The section captions used in this
2013 Act are provided only for the convenience of the reader and
do not become part of the statutory law of this state or express
any legislative intent in the enactment of this 2013 Act. + }
  SECTION 14.  { +  Operative date. Sections 2, 5, 6, 7, 8, 9 and
10 of this 2013 Act become operative January 1, 2015. + }
  SECTION 15.  { +  Limitation on earliest date of abolition.
Notwithstanding section 2 of this 2013 Act, a state agency,
program, tax or fee may not be abolished under section 2 of this
2013 Act until the earlier of the session in which the
Legislative Assembly conducts a review under sections 1 to 12 of
this 2013 Act of the agency and the programs, taxes and fees
administered by the agency or the calendar year 2022. + }
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