Bill Text: OR SB1553 | 2012 | Regular Session | Introduced

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Bill Title: Relating to procedure for adoption of administrative rules; declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-05 - In committee upon adjournment. [SB1553 Detail]

Download: Oregon-2012-SB1553-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 285

                        Senate Bill 1553

Sponsored by Senator BEYER (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.

  Prohibits agencies from adopting rules during regular session
of Legislative Assembly. Prohibits agencies from adopting rules
that become effective before adjournment sine die of next regular
legislative session. Specifies exceptions.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to procedure for adoption of administrative rules; and
  declaring an emergency.
  Whereas administrative rules should be adopted only for the
purpose of implementing the laws enacted by the Legislative
Assembly; and
  Whereas in order to ensure that administrative rules accurately
implement the legislative intent, the Legislative Assembly must
have the opportunity to review proposed administrative rules
before they take effect; now, therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2012 Act is added to and made
a part of ORS 183.325 to 183.410. + }
  SECTION 2.  { + (1) Except as provided in this section, an
agency may not adopt rules during a regular legislative session.
  (2) Except as provided in this section, an agency may not adopt
a rule that becomes effective before the adjournment sine die of
the next regular legislative session.
  (3) The Governor by executive order may exempt a rule from the
provisions of this section if the Governor makes a written
finding that:
  (a) Adoption or implementation of the rule is necessary for
public health or public safety; or
  (b) Adoption or implementation of the rule is necessary to
comply with federal law.
  (4) Notwithstanding ORS 183.400, upon judicial review of a rule
a court shall declare the rule invalid if the rule violates this
section. + }
  SECTION 3.  { + Section 2 of this 2012 Act applies to all rules
adopted on or after the effective date of this 2012 Act. + }
  SECTION 4.  { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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