2017 SJR 26: Proposal for new Section 5, Article III

What SJR 26 does

Senate Joint Resolution No. 26 is proposed by Senator Girod.  This resolution proposes to add a new section 5 to Article III (Distribution of Powers) of the Oregon State Constitution.  This states that if so written in a law, the implementing administrative rules may be subject to Legislative approval prior to going into effect.  This essentially allows the Legislature to have a veto over the writing of the implementing rules that is done by the Executive branch.  There is a clause for allowing exceptions where not adopting rules would cause significant issues, but in this case, approval is still required afterwards or else the rule becomes invalid after 12 months.

My View

I do not think this is a necessary amendment partly because I don't think there is any problem with inserting this kind of language into a law in the first place.  It is not normal for the Legislature to micromanage the writing of rules which implement laws, but there is nothing currently to prevent it in the first place.  These kinds of parliamentary procedure amendments to the constitution are a big waste of time.