Bill Text: OR HB3322 | 2011 | Regular Session | Introduced

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

Sponsorship: Partisan Bill (Republican 2)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3322 Detail]

Download: Oregon-2011-HB3322-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 3427

                         House Bill 3322

Sponsored by Representative THOMPSON; Representative HUFFMAN

                             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.

  Provides that state agency may not file rule with Secretary of
State until rule has been reviewed by joint committee of
Legislative Assembly. Exempts temporary rules. Provides that
joint committee may not disapprove rule. Voids rule filed with
Secretary of State without review by joint committee.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to legislative review of rules; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2011 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. The
President of the Senate and 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 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 joint committee designated under subsection (1) of this
section shall take public testimony regarding any rule reviewed
under this section. The agency shall provide to the committee the
record on which the agency relied, including any testimony
received at public hearings held by the agency.
  (3) A joint committee designated under subsection (1) of this
section to review a rule:
  (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) The provisions of this section do not apply to a temporary
rule adopted under ORS 183.335 (5). 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 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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