Bill Text: OR HJR39 | 2011 | Regular Session | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HJR39 Detail]

Download: Oregon-2011-HJR39-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 3058

                    House Joint Resolution 39

Sponsored by Representative HICKS

                             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 relating to
administrative rules. Provides that administrative rule adopted
by state agency after effective date of constitutional amendment
has no force and effect unless joint legislative committee
approves rule before rule becomes effective.
  Allows review of administrative rule adopted by state agency
before effective date of constitutional amendment upon request of
member of Legislative Assembly or upon request of person affected
by rule.
  Specifies membership of joint legislative committee.
  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 5 to be added to and made a part of
Article III, such section to read:
   { +  SECTION 5. + }  { + (1)(a) An administrative rule adopted
by a state agency after the effective date of this section has no
force and effect unless the joint committee established under
subsection (3) of this section approves the rule before the rule
becomes effective.
  (b) Before adopting an administrative rule, a state agency must
file the proposed rule with the joint committee established under
subsection (3) of this section.
  (2)(a) Upon the request of a member of the Legislative Assembly
or the request of a person affected by an administrative rule,
the joint committee established under subsection (3) of this
section may review any administrative rule adopted by a state
agency, without regard to when the rule was adopted.
  (b) The joint committee established under subsection (3) of
this section shall take public testimony regarding any rule
reviewed under this section. The state agency shall provide to
the joint committee the record on which the state agency relied,
including any testimony received at public hearings held by the
state agency.
  (c) If the joint committee established under subsection (3) of
this section approves an administrative rule after review, the
rule shall take effect when filed with the Secretary of State.
  (3) The Legislative Assembly shall establish by law a joint
committee on administrative rule oversight composed of members of
both houses of the Legislative Assembly. The members of the
committee from the House of Representatives shall be the Speaker
of the House of Representatives and members of the House
appointed by the Speaker of the House of Representatives. The
members of the committee from the Senate shall be the President
of the Senate and members of the Senate appointed by the
President of the Senate.
  (4) As used in this section:
  (a) 'Administrative rule' means any state agency directive,
standard, regulation or statement of general applicability that
implements, interprets or prescribes law or policy or describes
the procedures or practices of a state agency, but does not
include executive orders, agency internal management directives,
regulations or statements that do not substantially affect the
interests of members of the general 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, that is
authorized by law to adopt administrative rules. + }

  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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