Bill Text: OR HJR26 | 2013 | Regular Session | Introduced

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Bill Title: Proposing amendment to Oregon Constitution relating to legislative review of administrative rules.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HJR26 Detail]

Download: Oregon-2013-HJR26-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 283

                    House Joint Resolution 26

Sponsored by Representative ESQUIVEL; Representatives KRIEGER,
  PARRISH, SMITH, WEIDNER, WHITSETT

                             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.

  Proposes amendment to Oregon Constitution to establish
procedure for requiring legislative review of administrative
rules.
  Refers proposed amendment to people for their approval or
rejection at next regular general election.

                        JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
   { +  PARAGRAPH 1. + } The Constitution of the State of Oregon
is amended by creating a new section 34 to be added to and made a
part of Article IV, such section to read:
   { +  SECTION 34. + }  { + (1) The people reserve to themselves
the power to require that the Legislative Assembly review and
approve administrative rules in the manner provided by this
section.
  (2) The Legislative Assembly shall review and approve an
administrative rule or rules upon the filing of a petition with
the Secretary of State that has been signed by at least 10,000
qualified voters. A petition filed under the provisions of this
subsection shall identify the specific administrative rule or
rules that the Legislative Assembly is required to review. The
administrative rule or rules identified in the petition must
relate to a single subject and matters properly connected
therewith.
  (3)(a) Upon receiving a petition that meets the requirements of
subsection (2) of this section, the Secretary of State shall
cause written notice to be given to the President of the Senate.
The President of the Senate shall cause to be prepared and
introduced in the Senate at the next following regular session of
the Legislative Assembly a bill approving the administrative rule
or rules. If the petition is filed with the Secretary of State
during a regular session of the Legislative Assembly, the bill
required by this subsection must be introduced at the regular
session of the Legislative Assembly next following the session
during which the petition is filed.
  (b) The Legislative Assembly may approve the administrative
rule or rules specified in the bill introduced under this
subsection by passing the bill. The Legislative Assembly may
approve by amendment of the bill only some of the specified
administrative rules or only part of a specified rule. Any
administrative rule or part of a rule not approved by the passage
of the bill has no further force or effect after adjournment sine
die of the legislative session in which the bill is introduced.
  (c) A bill introduced under this subsection must receive at
least one hearing in the Senate and must be submitted for a vote
in the Senate before adjournment sine die of the legislative
session in which the bill is introduced.
  (4)(a) Disapproval of an administrative rule or part of a rule
under subsection (3) of this section does not prevent a state
agency from thereafter adopting another administrative rule or
rules pertaining to the issue or issues addressed by the
disapproved rule. If a state agency adopts an administrative rule
or rules addressing the same issue that was the subject of a rule
that was disapproved under subsection (3) of this section, the
President of the Senate shall cause to be prepared and introduced
in the Senate a bill approving the administrative rule or rules.
The bill must be introduced at the regular session of the
Legislative Assembly next following the effective date of the
administrative rule or rules. If the administrative rule or rules
take effect during a regular session of the Legislative Assembly,
the bill required by this subsection must be introduced at the
regular session of the Legislative Assembly next following the
session during which the administrative rule or rules take
effect.
  (b) The Legislative Assembly may amend a bill introduced
pursuant to this subsection in the same manner as provided for
bills introduced under subsection (3) of this section. Any
administrative rule or part of a rule not approved by the passage
of the bill has no further force or effect after adjournment sine
die of the legislative session in which the bill is introduced.
If an administrative rule or part of a rule is disapproved under
this subsection, any rule adopted by a state agency that
addresses the same issue that was the subject of the disapproved
rule is of no force or effect until such time as the Legislative
Assembly by law approves the rule.
  (c) A bill introduced under this subsection must receive at
least one hearing in the Senate and must be submitted for a vote
in the Senate before adjournment sine die of the legislative
session in which the bill is introduced.
  (d) Any person may seek judicial review of a determination made
by the President of the Senate as to whether an administrative
rule addresses the same issue that was the subject of a rule that
was previously disapproved under subsection (3) of this section.
Any person may seek a judicial determination as to whether an
administrative rule adopted by a state agency after disapproval
of a rule under this subsection addresses the same issue that was
the subject of the disapproved rule. In any proceeding for
judicial review under this subsection, the court shall liberally
construe the language of an administrative rule in favor of a
finding that the rule addresses the same issue that was the
subject of a previously disapproved rule. The Legislative
Assembly shall by law provide a process for seeking judicial
review under this subsection.
  (5) Any bill introduced under this section is subject to veto
by the Governor in the manner provided by section 15b, Article V
of this Constitution. If the Governor vetoes a bill introduced
pursuant to this section, the administrative rule or part of a
rule specified in the bill shall be considered disapproved for
the purposes of this section unless the Legislative Assembly
overrides the veto in the manner provided by subsection (2) of
section 15b of Article V of this Constitution.
  (6) Nothing in this section affects any right of a person to
seek judicial review of any administrative rule as otherwise
provided for by law.
  (7) As used in this section:
  (a)(A) 'Administrative rule' means any state agency directive,
standard, regulation or statement of general applicability that
implements, interprets or prescribes law or policy, or that
describes the procedures or practices of a state agency.
  (B) 'Administrative rule' does not include:
  (i) Executive orders; or
  (ii) State agency internal management directives, regulations
or statements if those directives, regulations or statements do
not substantially affect the interests of members of the public.
  (b) 'State agency' means any elected or appointed state
officer, board, commission, department, agency or institution,
except those in the legislative and judicial branches. + }

  PARAGRAPH 2.  { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at the next regular general election held throughout this
state. + }
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