Bill Text: OR SJR32 | 2011 | Regular Session | Introduced

Oregon Senate Joint Resolution 32 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Republican 10-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SJR32 Detail]

Download: Oregon-2011-SJR32-Introduced.html



     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 2967

                   Senate Joint Resolution 32

Sponsored by Senator TELFER; Senators BOQUIST, FERRIOLI, GEORGE,
  GIROD, KRUSE, MORSE, OLSEN, THOMSEN, 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 relating to
administrative rules. Provides that administrative rule adopted
by state agency after effective date of constitutional amendment
has no force and effect unless Senate 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.
  Directs President of the Senate to designate committees
reviewing rules based on subject matter of rules. Allows
President of the Senate to establish permanent committee for
reviewing rules and designate that committee to review rules
specified by President of the Senate.
  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 a Senate committee approves the rule
before the rule becomes effective.
  (b) Before adopting an administrative rule, a state agency must
file the proposed rule with a committee designated 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, a
committee designated 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) A committee designated under subsection (3) of this section
shall take public testimony regarding any rule reviewed under
this section. The state agency shall provide to the committee the
record on which the state agency relied, including any testimony
received at public hearings held by the state agency.
  (c) If a committee designated 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 President of the Senate shall designate the committees
reviewing rules under this section based on the subject matter of
the rules. The President of the Senate may establish a permanent
committee for reviewing rules and designate that committee to
review rules specified 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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