Bill Text: OR SB299 | 2013 | Regular Session | Introduced

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Bill Title: Relating to the Sunset Advisory Committee; appropriating money; declaring an emergency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB299 Detail]

Download: Oregon-2013-SB299-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 954

                         Senate Bill 299

Sponsored by Senator STARR (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.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to the Sunset Advisory Committee; appropriating money;
  and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  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. + }
  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. + }
  SECTION 16.  { + 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 17.  { + 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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