Bill Text: OR HB2373 | 2013 | Regular Session | Introduced

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Bill Title: Relating to state agencies; appropriating money; declaring an emergency.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2373 Detail]

Download: Oregon-2013-HB2373-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 1791

                         House Bill 2373

Sponsored by Representative THATCHER; Representative WEIDNER,
  Senator GEORGE (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.

  Creates Sunset Advisory Committee. Specifies membership of
committee. Abolishes state agencies on specified dates and
requires agencies subject to abolition to make report to
committee. Requires committee to conduct performance evaluation
of agencies based on specified criteria and make recommendations
to Governor and Legislative Assembly relating to abolition,
continuation or reorganization of agencies and other matters.
  Appropriates moneys from General Fund to committee for purposes
of Act.
  Clarifies that agency may not adopt rule that conflicts with
statute. Provides that agency may not rely on general statutory
grant of authority to adopt rules that conflict with more
specific statutory provisions or to adopt rules that modify
protections, sanctions, eligibility or other matters governed by
more specific statutory provisions.
  Requires that agency notice of proposed rulemaking must include
copy of proposed rule or link to agency's website where copy of
proposed rule may be found.
  Requires audits of state agencies by Oregon Department of
Administrative Services to determine if agencies have complied
with statutory requirement that agencies review rules every five
years.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to state agencies; creating new provisions; amending ORS
  183.335 and 183.405; appropriating money; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:

                               { +
STATE AGENCY SUNSET + }

  SECTION 1.  { + Committee created. (1) The Sunset Advisory
Committee is created 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) Members of the committee serve four-year terms. Members
serve ex officio, and a vacancy occurs when a member ceases to be
a member of the Legislative Assembly.
  (3) If a vacancy occurs, the appropriate appointing authority
shall appoint a person to serve for the remainder of the
unexpired term.
  (4) The committee shall elect a chairperson and
vice-chairperson as presiding officers.
  (5) Seven members of the committee constitute a quorum. The
committee may not take a final action or make a final
recommendation unless it is approved by a vote of a majority of
the members of the committee.
  (6) A member of the committee is entitled to payment of
compensation and expenses under ORS 171.072 from funds
appropriated to the Legislative Assembly. + }
  SECTION 2.  { + Staff. (1) The Sunset Advisory Committee shall
employ an executive director for the committee.
  (2) The executive director shall employ persons necessary to
carry out sections 1 to 14 of this 2013 Act with funds made
available by the Legislative Assembly. + }
  SECTION 3.  { + Agency report to committee. Before January 1 of
the calendar year immediately preceding the year in which a state
agency is abolished under section 14 of this 2013 Act, the state
agency shall report to the Sunset Advisory Committee:
  (1) Information regarding the application to the state agency
of the criteria in section 7 of this 2013 Act; and
  (2) Any other information that the state agency considers
appropriate or that is requested by the committee. + }
  SECTION 4.  { +  Committee duties. Before June 1 of the
calendar year immediately preceding the year in which a state
agency is abolished under section 14 of this 2013 Act, the Sunset
Advisory Committee shall:
  (1) Review and take action necessary to verify the reports
submitted by the state agency under section 3 of this 2013 Act;
  (2) Conduct a performance evaluation of the state agency based
on the criteria provided in section 7 of this 2013 Act and
prepare a written report as described in section 6 of this 2013
Act; and
  (3) Review the implementation of committee recommendations
contained in the reports presented to the Legislative Assembly
during the preceding legislative session. + }
  SECTION 5.  { + Public hearings. (1) Before January 1 of the
calendar year in which a state agency is abolished under section
14 of this 2013 Act, the Sunset Advisory Committee shall conduct
public hearings concerning but not limited to the application to
the state agency of the criteria provided in section 7 of this
2013 Act.
  (2) The committee may hold the public hearings before the date
specified by subsection (1) of this section if the evaluation of
the state agency required by section 4 of this 2013 Act is
complete and available to the public. + }
  SECTION 6.  { + Committee report. (1) At each odd-numbered year
regular session of the Legislative Assembly, the Sunset Advisory
Committee shall present to the Legislative Assembly and the
Governor a report on the state agencies scheduled to be abolished
that year.
  (2) In the report required by this section, the committee shall
include:
  (a) The committee's specific findings regarding each of the
criteria prescribed by section 7 of this 2013 Act;
  (b) The committee's recommendations described in section 8 of
this 2013 Act; and
  (c) Other information the committee considers necessary for a
complete evaluation of the state agency. + }
  SECTION 7.  { + Criteria for review. The Sunset Advisory
Committee shall consider the following criteria in determining
whether a public need exists for the continuation of a state
agency or for the performance of the functions of the state
agency:
  (1) The efficiency with which the state agency operates.
  (2) 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, any activities
undertaken by the state agency in addition to those allowed by
statute and the state agency's authority to undertake those
activities.
  (3) Whether there are less restrictive or alternative methods
of regulation 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 resolves 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 to the enabling statutes of the
state agency are necessary to allow the state agency to
adequately comply with the criteria listed in this section.
  (10) The extent to which the state agency issues and enforces
rules relating to potential conflicts of interest of its
employees.
  (11) The extent to which the state agency follows record
retention and management practices that enable the state agency
to respond efficiently to requests for public records.
  (12) The effects of federal intervention or loss of federal
funds if the state agency is abolished. + }
  SECTION 8.  { + Recommendations. The Sunset Advisory Committee
shall include in the report required by section 6 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 if the programs duplicate functions performed in
state agencies under review;
  (3) Recommendations on the funding levels for each state
agency; and
  (4) Proposed legislation necessary to carry out the committee's
recommendations under this section. + }
  SECTION 9.  { +  Monitoring of recommendations. During each
legislative session, the staff of the Sunset Advisory Committee
shall monitor legislation affecting state agencies that have
undergone sunset review and shall periodically report to the
members of the committee on proposed changes that would modify
prior recommendations of the committee. + }
  SECTION 10.  { + Subpoena power. (1) The Sunset Advisory
Committee 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 committee
proceedings.
  (2) If a majority of the committee directs the issuance of a
subpoena, the chairperson shall issue the subpoena in the name of
the committee.
  (3) A witness who attends a committee 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 11.  { + Assistance of and access to state agencies.
(1) State agencies shall assist the Sunset Advisory Committee
upon request by the committee or the committee's staff.
  (2) In carrying out its functions under sections 1 to 14 of
this 2013 Act, the committee or its designated staff member may
inspect the records, documents and files of any state agency. + }
  SECTION 12.  { +  Relocation of employees. If an employee is
displaced because a state agency is abolished or reorganized
after review under sections 1 to 14 of this 2013 Act, the state
agency and the Employment Department shall make a reasonable
effort to relocate the displaced employee. + }
  SECTION 13.  { + Review of proposed legislation creating
regulatory agency. (1) The Legislative Fiscal Officer shall
forward to the Sunset Advisory Committee each bill filed during a
legislative session that would create a new state agency with
regulatory authority.
  (2) The committee shall review a bill forwarded to the
committee under this section to determine if:
  (a) The proposed functions of the state agency could be
performed by an existing state agency;
  (b) The form of regulation proposed by the bill is the least
restrictive form of regulation that will adequately protect the
public;
  (c) The bill provides for adequate public input relating to the
regulatory function proposed by the bill; and
  (d) The bill provides for adequate protection against conflicts
of interest within the state agency.
  (3) After reviewing a bill under this section, the committee
shall forward a written comment on the legislation to the chairs
of committees considering the bill. + }
  SECTION 14.  { + Sunset schedule. (1) The following agencies
are abolished July 1, 2015:
  (a) The Department of Education, the State Board of Education
and the Department of Community Colleges and Workforce
Development.
  (b) The State Board of Higher Education and the Oregon
University System.
  (c) The Teacher Standards and Practices Commission.
  (d) The Department of Land Conservation and Development and the
Land Conservation and Development Commission.
  (2) The following agencies are abolished July 1, 2017:
  (a) The Oregon Department of Administrative Services.
  (b) The Water Resources Department and the Water Resources
Commission.
  (c) The State Forestry Department and the State Board of
Forestry.
  (d) The State Department of Fish and Wildlife and the State
Fish and Wildlife Commission.
  (e) The Department of State Lands.
  (3) The following agencies are abolished July 1, 2019:
  (a) The Oregon Business Development Department and the Oregon
Business Development Commission.
  (b) The Department of Consumer and Business Services.
  (c) The Bureau of Labor and Industries.
  (d) The Employment Department.
  (e) The State Department of Energy.
  (4) The following agencies are abolished July 1, 2021:
  (a) The Oregon Liquor Control Commission.
  (b) The Department of Human Services.
  (c) The Oregon Health Authority.
  (d) The Department of Environmental Quality and the
Environmental Quality Commission.
  (e) The Department of Justice.
  (5) The following agencies are abolished July 1, 2023:
  (a) The Department of Corrections.
  (b) The Department of Veterans' Affairs.
  (c) The Oregon Youth Authority.
  (d) The Columbia River Gorge Commission.
  (6) The following agencies are abolished July 1, 2025:
  (a) The Department of Transportation.
  (b) The State Department of Agriculture.
  (c) The Oregon Department of Aviation and the State Aviation
Board.
  (d) The Construction Contractors Board.
  (7) The following agencies are abolished July 1, 2027:
  (a) The Department of Revenue.
  (b) The Public Employees Retirement System and Public Employees
Retirement Board.
  (c) The Department of Public Safety Standards and Training and
the Board on Public Safety Standards and Training.
  (8) The following agencies are abolished July 1, 2029:
  (a) The Public Utility Commission.
  (b) The Oregon State Police.
  (c) The Oregon Student Access Commission.
  (9) The Sunset Advisory Committee shall establish a schedule
for the purposes of sections 1 to 14 of this 2013 that provides
for the abolishing of all other state agencies, as defined in ORS
183.750, that are not specifically abolished under this
section. + }
  SECTION 15.  { + There is appropriated to the Sunset Advisory
Committee, for the biennium beginning July 1, 2013, out of the
General Fund, the amount of $___ for the purpose of implementing
sections 1 to 14 of this 2013 Act. + }

                               { +
CONFORMITY OF RULES WITH STATUTES + }

  SECTION 16.  { + Section 17 of this 2013 Act is added to and
made a part of ORS 183.325 to 183.410. + }
  SECTION 17.  { + (1) An agency may not adopt any rule that
conflicts with a statute.
  (2) An agency may not rely on a general statutory grant of
authority to adopt rules that conflict with more specific
statutory provisions or to adopt rules that modify protections,
sanctions, eligibility or other matters governed by more specific
statutory provisions. + }

                               { +
ACCESS TO PROPOSED RULES + }

  SECTION 18. ORS 183.335 is amended to read:
  183.335. (1) Prior to the adoption, amendment or repeal of any
rule, the agency shall give notice of its intended action:
  (a) In the manner established by rule adopted by the agency
under ORS 183.341 (4), which provides a reasonable opportunity
for interested persons to be notified of the agency's proposed
action;
  (b) In the bulletin referred to in ORS 183.360 at least 21 days
prior to the effective date;

  (c) At least 28 days before the effective date, to persons who
have requested notice pursuant to subsection (8) of this section;
and
  (d) Delivered only by electronic mail, at least 49 days before
the effective date, to the persons specified in subsection (15)
of this section.
  (2)(a) The notice required by subsection (1) of this section
must include:
  (A) A caption of not more than 15 words that reasonably
identifies the subject matter of the agency's intended action.
The agency shall include the caption on each separate notice,
statement, certificate or other similar document related to the
intended action.
  (B) An objective, simple and understandable statement
summarizing the subject matter and purpose of the intended action
in sufficient detail to inform a person that the person's
interests may be affected, and the time, place and manner in
which interested persons may present their views on the intended
action.
  (b) The agency shall include with the notice of intended action
given under subsection (1) of this section:
  (A) A citation of the statutory or other legal authority relied
upon and bearing upon the promulgation of the rule;
  (B) A citation of the statute or other law the rule is intended
to implement;
  (C) A statement of the need for the rule and a statement of how
the rule is intended to meet the need;
  (D) A list of the principal documents, reports or studies, if
any, prepared by or relied upon by the agency in considering the
need for and in preparing the rule, and a statement of the
location at which those documents are available for public
inspection. The list may be abbreviated if necessary, and if so
abbreviated there shall be identified the location of a complete
list;
  (E) A statement of fiscal impact identifying state agencies,
units of local government and the public that may be economically
affected by the adoption, amendment or repeal of the rule and an
estimate of that economic impact on state agencies, units of
local government and the public. In considering the economic
effect of the proposed action on the public, the agency shall
utilize available information to project any significant economic
effect of that action on businesses which shall include a cost of
compliance effect on small businesses affected. For an agency
specified in ORS 183.530, the statement of fiscal impact shall
also include a housing cost impact statement as described in ORS
183.534;
  (F) If an advisory committee is not appointed under the
provisions of ORS 183.333, an explanation as to why no advisory
committee was used to assist the agency in drafting the rule; and
  (G) A request for public comment on whether other options
should be considered for achieving the rule's substantive goals
while reducing the negative economic impact of the rule on
business.
  (c) The Secretary of State may omit the information submitted
under paragraph (b) of this subsection from publication in the
bulletin referred to in ORS 183.360.
  (d) When providing notice of an intended action under
subsection   { - (1)(c) - }  { +  (1) + } of this section, the
agency shall provide a copy of the rule that the agency proposes
to adopt, amend or repeal, or   { - an explanation of how the
person may acquire a copy of the rule - }  { +  a link to the
agency's website where a copy of the rule may be found + }. The
copy of an amended rule shall show all changes to the rule by
striking through material to be deleted and underlining all new
material, or by any other method that clearly shows all new and
deleted material.
  (3)(a) When an agency proposes to adopt, amend or repeal a
rule, it shall give interested persons reasonable opportunity to
submit data or views. Opportunity for oral hearing shall be
granted upon request received from 10 persons or from an
association having not less than 10 members before the earliest
date that the rule could become effective after the giving of
notice pursuant to subsection (1) of this section. An agency
holding a hearing upon a request made under this subsection shall
give notice of the hearing at least 21 days before the hearing to
the person who has requested the hearing, to persons who have
requested notice pursuant to subsection (8) of this section and
to the persons specified in subsection (15) of this section. The
agency shall publish notice of the hearing in the bulletin
referred to in ORS 183.360 at least 14 days before the hearing.
The agency shall consider fully any written or oral submission.
  (b) If an agency is required to conduct an oral hearing under
paragraph (a) of this subsection, and the rule for which the
hearing is to be conducted applies only to a limited geographical
area within this state, or affects only a limited geographical
area within this state, the hearing shall be conducted within the
geographical area at the place most convenient for the majority
of the residents within the geographical area. At least 14 days
before a hearing conducted under this paragraph, the agency shall
publish notice of the hearing in the bulletin referred to in ORS
183.360 and in a newspaper of general circulation published
within the geographical area that is affected by the rule or to
which the rule applies. If a newspaper of general circulation is
not published within the geographical area that is affected by
the rule or to which the rule applies, the publication shall be
made in the newspaper of general circulation published closest to
the geographical area.
  (c) Notwithstanding paragraph (a) of this subsection, the
Department of Corrections and the State Board of Parole and
Post-Prison Supervision may adopt rules limiting participation by
inmates in the proposed adoption, amendment or repeal of any rule
to written submissions.
  (d) If requested by at least five persons before the earliest
date that the rule could become effective after the agency gives
notice pursuant to subsection (1) of this section, the agency
shall provide a statement that identifies the objective of the
rule and a statement of how the agency will subsequently
determine whether the rule is in fact accomplishing that
objective.
  (e) An agency that receives data or views concerning proposed
rules from interested persons shall maintain a record of the data
or views submitted. The record shall contain:
  (A) All written materials submitted to an agency in response to
a notice of intent to adopt, amend or repeal a rule.
  (B) A recording or summary of oral submissions received at
hearings held for the purpose of receiving those submissions.
  (C) Any public comment received in response to the request made
under subsection (2)(b)(G) of this section and the agency's
response to that comment.
  (D) Any statements provided by the agency under paragraph (d)
of this subsection.
  (4) Upon request of an interested person received before the
earliest date that the rule could become effective after the
giving of notice pursuant to subsection (1) of this section, the
agency shall postpone the date of its intended action no less
than 21 nor more than 90 days in order to allow the requesting
person an opportunity to submit data, views or arguments
concerning the proposed action. Nothing in this subsection shall
preclude an agency from adopting a temporary rule pursuant to
subsection (5) of this section.
  (5) Notwithstanding subsections (1) to (4) of this section, an
agency may adopt, amend or suspend a rule without prior notice or
hearing or upon any abbreviated notice and hearing that it finds
practicable, if the agency prepares:
  (a) A statement of its findings that its failure to act
promptly will result in serious prejudice to the public interest
or the interest of the parties concerned and the specific reasons
for its findings of prejudice;
  (b) A citation of the statutory or other legal authority relied
upon and bearing upon the promulgation of the rule;
  (c) A statement of the need for the rule and a statement of how
the rule is intended to meet the need;
  (d) A list of the principal documents, reports or studies, if
any, prepared by or relied upon by the agency in considering the
need for and in preparing the rule, and a statement of the
location at which those documents are available for public
inspection; and
  (e) For an agency specified in ORS 183.530, a housing cost
impact statement as defined in ORS 183.534.
  (6)(a) A rule adopted, amended or suspended under subsection
(5) of this section is temporary and may be effective for a
period of not longer than 180 days. The adoption of a rule under
this subsection does not preclude the subsequent adoption of an
identical rule under subsections (1) to (4) of this section.
  (b) A rule temporarily suspended shall regain effectiveness
upon expiration of the temporary period of suspension unless the
rule is repealed under subsections (1) to (4) of this section.
  (7) Notwithstanding subsections (1) to (4) of this section, an
agency may amend a rule without prior notice or hearing if the
amendment is solely for the purpose of:
  (a) Changing the name of an agency by reason of a name change
prescribed by law;
  (b) Changing the name of a program, office or division within
an agency as long as the change in name does not have a
substantive effect on the functions of the program, office or
division;
  (c) Correcting spelling;
  (d) Correcting grammatical mistakes in a manner that does not
alter the scope, application or meaning of the rule;
  (e) Correcting statutory or rule references; or
  (f) Correcting addresses or telephone numbers referred to in
the rules.
  (8)(a) Any person may request in writing that an agency send to
the person copies of the agency's notices of intended action
issued under subsection (1) of this section. The person must
provide an address where the person elects to receive notices.
The address provided may be a postal mailing address or, if the
agency provides notice by electronic mail, may be an electronic
mailing address.
  (b) A request under this subsection must indicate that the
person requests one of the following:
  (A) The person may request that the agency mail paper copies of
the proposed rule and other information required by subsection
(2) of this section to the postal mailing address.
  (B) If the agency posts notices of intended action on a
website, the person may request that the agency mail the
information required by subsection (2)(a) of this section to the
postal mailing address with a reference to the website where
electronic copies of the proposed rule and other information
required by subsection (2) of this section are posted.
  (C) The person may request that the agency electronically mail
the information required by subsection (2)(a) of this section to
the electronic mailing address, and either provide electronic
copies of the proposed rule and other information required by
subsection (2) of this section or provide a reference to a
website where electronic copies of the proposed rule and other
information required by subsection (2) of this section are
posted.
  (c) Upon receipt of any request under this subsection, the
agency shall acknowledge the request, establish a mailing list
and maintain a record of all mailings made pursuant to the
request.  Agencies may establish procedures for establishing the
mailing lists and keeping the mailing lists current. Agencies by
rule may establish fees necessary to defray the costs of mailings
and maintenance of the lists.
  (d) Members of the Legislative Assembly who receive notices
under subsection (15) of this section may request that an agency
furnish paper copies of the notices.
  (9) This section does not apply to rules establishing an
effective date for a previously effective rule or establishing a
period during which a provision of a previously effective rule
will apply.
  (10) This section does not apply to ORS 279.835 to 279.855,
279A.140 to 279A.155, 279A.250 to 279A.290, 279A.990, 279B.050 to
279B.085, 279B.200 to 279B.240, 279B.270, 279B.275, 279B.280,
279C.360, 279C.365, 279C.370, 279C.375, 279C.380, 279C.385,
279C.500 to 279C.530, 279C.540, 279C.545, 279C.550 to 279C.570,
279C.580, 279C.585, 279C.590, 279C.600 to 279C.625, 279C.650 to
279C.670 and 279C.800 to 279C.870 relating to public contracts
and purchasing.
  (11)(a) Except as provided in paragraph (c) of this subsection,
a rule is not valid unless adopted in substantial compliance with
the provisions of this section in effect on the date that the
notice required under subsection (1) of this section is delivered
to the Secretary of State for the purpose of publication in the
bulletin referred to in ORS 183.360.
  (b) In addition to all other requirements with which rule
adoptions must comply, a rule is not valid if the rule has not
been submitted to the Legislative Counsel in the manner required
by ORS 183.715.
  (c) A rule is not subject to judicial review or other challenge
by reason of failing to comply with subsection (2)(a)(A) of this
section.
  (12)(a) Notwithstanding the provisions of subsection (11) of
this section, but subject to paragraph (b) of this subsection, an
agency may correct its failure to substantially comply with the
requirements of subsections (2) and (5) of this section in
adoption of a rule by an amended filing, as long as the
noncompliance did not substantially prejudice the interests of
persons to be affected by the rule.
  (b) An agency may use an amended filing to correct a failure to
include a fiscal impact statement in a notice of intended action,
as required by subsection (2)(b)(E) of this section, or to
correct an inaccurate fiscal impact statement, only if the agency
developed the fiscal impact statement with the assistance of an
advisory committee or fiscal impact advisory committee appointed
under ORS 183.333.
  (13) Unless otherwise provided by statute, the adoption,
amendment or repeal of a rule by an agency need not be based upon
or supported by an evidentiary record.
  (14) When an agency has established a deadline for comment on a
proposed rule under the provisions of subsection (3)(a) of this
section, the agency may not extend that deadline for another
agency or person unless the extension applies equally to all
interested agencies and persons. An agency shall not consider any
submission made by another agency after the final deadline has
passed.
  (15) The notices required under subsections (1) and (3) of this
section must be given by the agency to the following persons:
  (a) If the proposed adoption, amendment or repeal results from
legislation that was passed within two years before notice is
given under subsection (1) of this section, notice shall be given
to the legislator who introduced the bill that subsequently was
enacted into law, and to the chair or cochairs of all committees
that reported the bill out, except for those committees whose
sole action on the bill was referral to another committee.
  (b) If the proposed adoption, amendment or repeal does not
result from legislation that was passed within two years before
notice is given under subsection (1) of this section, notice
shall be given to the chair or cochairs of any interim or session
committee with authority over the subject matter of the rule.
  (c) If notice cannot be given under paragraph (a) or (b) of
this subsection, notice shall be given to the Speaker of the
House of Representatives and to the President of the Senate who
are in office on the date the notice is given.
  (16)(a) Upon the request of a member of the Legislative
Assembly or of a person who would be affected by a proposed
adoption, amendment or repeal, the committees receiving notice
under subsection (15) of this section shall review the proposed
adoption, amendment or repeal for compliance with the legislation
from which the proposed adoption, amendment or repeal results.
  (b) The committees shall submit their comments on the proposed
adoption, amendment or repeal to the agency proposing the
adoption, amendment or repeal.

                               { +
STATUTORY COMPLIANCE AUDITS + }

  SECTION 19. ORS 183.405 is amended to read:
  183.405. (1) Not later than five years after adopting a rule,
an agency shall review the rule for the purpose of determining:
  (a) Whether the rule has had the intended effect;
  (b) Whether the anticipated fiscal impact of the rule was
underestimated or overestimated;
  (c) Whether subsequent changes in the law require that the rule
be repealed or amended; and
  (d) Whether there is continued need for the rule.
  (2) An agency shall utilize available information in complying
with the requirements of subsection (1) of this section.
  (3) If an agency appoints an advisory committee pursuant to ORS
183.333 for consideration of a rule subject to the requirements
of this section, the agency shall provide the advisory committee
with a report on a review of the rule conducted under this
section.
  (4) The provisions of this section do not apply to the
amendment or repeal of a rule.
  (5) The provisions of this section do not apply to:
  (a) Rules adopted to implement court orders or the settlement
of civil proceedings;
  (b) Rules that adopt federal laws or rules by reference;
  (c) Rules adopted to implement legislatively approved fee
changes; or
  (d) Rules adopted to correct errors or omissions.
   { +  (6) The Attorney General shall take all action necessary
to ensure that state agencies represented by the Attorney General
comply with the requirements of this section, including sending
reminders to the rules coordinator for each agency on a regular
basis.
  (7) The Oregon Department of Administrative Services shall
conduct an annual audit of all state agencies to determine
whether those agencies have complied with the requirements of
this section. The department shall prepare an annual report that
lists agencies that have not complied with the requirements of
this section and submit a copy of the report to the Legislative
Assembly in the manner provided by ORS 192.245. + }
  SECTION 20.  { + The first audit required under ORS 183.405 (7)
must be conducted by the Oregon Department of Administrative
Services no later than January 1, 2015. + }

                               { +
CAPTIONS AND EMERGENCY CLAUSE + }

  SECTION 21.  { + The unit and 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 22.  { + 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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