71st OREGON LEGISLATIVE ASSEMBLY--2001 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 23
 
                         House Bill 2041
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Legislative Counsel
  Committee)
 
 
                             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.
 
  Requires Legislative Counsel to send copy of administrative
rule determination to affected state agency only if Legislative
Counsel determines rule to be unauthorized or to raise
constitutional issue.
 
                        A BILL FOR AN ACT
Relating to review of agency rules by the Legislative Counsel;
  amending ORS 183.720.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 183.720 is amended to read:
  183.720. (1) The Legislative Counsel may review, or shall
review at the direction of the Legislative Counsel Committee, a
proposed rule or an adopted rule of a state agency.
  (2) The Legislative Counsel may review an adopted rule of a
state agency upon the written request of any person affected by
the rule. The Legislative Counsel shall review a proposed or
adopted rule of a state agency upon the written request of any
member of the Legislative Assembly. The written request for
review must identify the specific objection or problem with the
rule.
  (3) When reviewing a rule of a state agency pursuant to
subsection (1) or (2) of this section, the Legislative Counsel
shall:
  (a) Determine whether the rule appears to be within the intent
and scope of the enabling legislation purporting to authorize its
adoption; and
  (b) Determine whether the rule raises any constitutional issue
other than described in paragraph (a) of this subsection, and if
so, the nature of the issue.
  (4) In making a determination under subsection (3)(a) of this
section, the Legislative Counsel shall, wherever possible, follow
generally accepted principles of statutory construction.
  (5) The Legislative Counsel shall prepare written findings on a
rule reviewed, setting forth the determinations made under
subsection (3) of this section.
  (6) When a review of a rule is made by the Legislative Counsel,
the Legislative Counsel shall send a copy of the determinations
made under subsection (3) of this section to the committee,
 { - to the state agency concerned, - }  and if the review was
requested by a member of the Legislative Assembly or by a person
affected by the rule, to the person requesting the review.
 { + If the Legislative Counsel determines that a rule is not
within the intent and scope of the enabling legislation
purporting to authorize the state agency's adoption of the rule,
or that the rule raises a constitutional issue, the Legislative
Counsel shall also send a copy of the determination to the state
agency. + } The Legislative Counsel may request that the state
agency respond in writing to the determinations or appear at the
meeting of the committee at which the committee will consider the
determinations.  The committee may direct the Legislative Counsel
to send a copy of the determinations to the presiding officer of
a house of the Legislative Assembly, who may refer the
determinations to any legislative committee concerned.
  (7) A member of the Legislative Assembly may request that
Legislative Counsel prepare a report on a rule adopted by a state
agency that the member asserts is duplicative of or conflicts
with another rule. A person affected by a rule adopted by a state
agency may request that Legislative Counsel prepare a report on
the rule if the person asserts that the rule is duplicative of or
conflicts with another rule. A request for a report must be in
writing and contain copies of the two rules that are claimed to
be duplicative or conflicting. The second rule may be either a
rule adopted by a state agency or a rule adopted by a federal
agency.  Upon receipt of the written request, the Legislative
Counsel shall prepare a report to the   { - Legislative
Counsel - }  committee that contains:
  (a) A copy of the request, including copies of the two rules
that the requester asserts are conflicting or duplicative; and
  (b) Legislative Counsel's analysis of the requirements of the
two rules.
  (8) Upon receipt of a report under subsection (7) of this
section, the   { - Legislative Counsel - }  committee may issue a
determination that a rule is duplicative of or conflicts with the
other cited rule.
  (9) When a report on a rule is made by the Legislative Counsel,
the Legislative Counsel shall send a copy of the report and any
determinations made under subsection (8) of this section to each
state agency concerned and to the person requesting the review.
The committee may direct the Legislative Counsel to send a copy
of the determinations to the presiding officer of a house of the
Legislative Assembly, who may refer the determinations to any
legislative committee concerned.
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