Bill Text: OR SB712 | 2011 | Regular Session | Introduced

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Bill Title: Relating to rule moratorium; declaring an emergency.

Spectrum: Partisan Bill (Republican 10-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB712 Detail]

Download: Oregon-2011-SB712-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 3023-1

                         Senate Bill 712

Sponsored by Senator STARR; Senators ATKINSON, FERRIOLI, GIROD,
  KRUSE, OLSEN, WHITSETT, Representatives BREWER, LINDSAY,
  THOMPSON

                             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 any rule that becomes
effective on or after effective date of Act and before July 1,
2012. Specifies exceptions.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to rule moratorium; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2011 Act is added to and made
a part of ORS 183.325 to 183.410. + }
  SECTION 3.  { + (1) Except as provided in this section, an
agency may not adopt any rule that becomes effective on or after
the effective date of this 2011 Act and before July 1, 2012.
  (2) Subsection (1) of this section does not apply to:
  (a) Adoption of rules that are required by federal law;
  (b) Adoption of rules for administration of laws that are
enacted on or after January 1, 2011; or
  (c) Repeal of rules that became effective before January 1,
2011.
  (3) The Governor may exempt a rule from the prohibitions of
subsection (1) of this section if the Governor makes a written
finding that public health, economic development or public safety
would be jeopardized if the rule is not implemented and issues an
executive order specifically exempting the rule from the
prohibitions of subsection (1) of this section.
  (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.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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