Chapter 31 Oregon Laws 1999

Session Law

AN ACT

HB 2379

Relating to the Legislative Counsel Committee; amending ORS 183.722 and 183.725; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 183.725 is amended to read:

183.725. (1) The Legislative Counsel Committee, at any time, may review any proposed or adopted rule of a state agency, and may report its recommendations in respect to the rule to the agency.

(2) The committee shall report to the Legislative Assembly at each regular session on [the] its review of state agency rules. [by the Legislative Counsel and the committee. The report shall include:]

[(a) The determinations made by the Legislative Counsel under ORS 183.720 (3);]

[(b) The determinations made by the committee under ORS 183.720 (8);]

[(c) The recommendations made by the committee to state agencies under subsection (1) of this section and ORS 183.720;]

[(d) Any written response made by the agency to the determinations made by the Legislative Counsel or by the committee under ORS 183.720; and]

[(e) Any recommendations by the committee for legislation.]

SECTION 2. ORS 183.722 is amended to read:

183.722. (1) If the Legislative Counsel determines under [ORS 183.725] ORS 183.720 (3) that a proposed or adopted rule is not within the intent and scope of the enabling legislation purporting to authorize the rule's adoption, or that the rule is not constitutional, and the Legislative Counsel has provided a copy of that determination to the state agency pursuant to 183.720 (6), the state agency shall either make a written response to the determination or appear at the meeting of the Legislative Counsel Committee at which the committee will consider the determinations. The response of the state agency shall indicate if the agency intends to repeal, amend or take other action with respect to the rule.

(2) If the Legislative Counsel determines under [ORS 183.725] ORS 183.720 (3) that a proposed or adopted rule is not within the intent and scope of the enabling legislation purporting to authorize the rule's adoption, or that the rule is not constitutional, and the Legislative Counsel Committee is not satisfied with the response to those issues made by the state agency, the committee may request that one or more representatives of the state agency appear at a subsequent meeting of the committee along with a representative of the Oregon Department of Administrative Services for the purpose of further explaining the position of the state agency.

(3) If a state agency is requested under subsection (2) of this section to appear at a subsequent meeting of the committee along with a representative of the Oregon Department of Administrative Services, the state agency shall promptly notify the department of the request. The notification to the department must be in writing, and must include a copy of the determinations made by the Legislative Counsel and a copy of any written response made by the agency to the determinations.

SECTION 3. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor April 16, 1999

Filed in the office of Secretary of State April 19, 1999

Effective date April 16, 1999

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