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Thursday, March 9, 2017

2017 SJR 8: Proposal to add new Section 5 to Article III

In this post we look at Senate Joint Resolution No. 8 which was introduced by Senator Olsen.  This proposal is to add a Section 5 to Article III of the Oregon State Constitution.  Article III is entitled "Distribution of Powers." This amendment is different that that one being proposed in SJR 5.  The proposal both add Section 5's but if it were the case that both were to pass a referendum, then someone would do the needful and give them different numbers.

What this affects

The proposed amendment is such that if one Senator and one Representative petition the assembly about an administrative rule that has been passed by an executive branch agency, there is a requirement that the Legislature pass a confirming resolution or else the rule ceases to be in force after the Legislature adjourns the regular session.

My view

This is utterly ridiculous.  This is prone to abuse to an absurd degree.  All it takes is two legislators who want to destroy the government to file petition after petition for every single rule that has been adopted by the executive branch agencies and it will basically stop the Legislature from doing anything else other than passing confirming resolutions to prevent the rules from expiring.
I cannot imagine that any serious legislator thinks this is a good idea.  It may please some people's libertarian ideals, but it would more than likely result in anarchy.  Just think if someone decided to petition all the rules regarding driver and vehicle licensing and have them expire.  You would be taking your life in your hands to go to work and I am sure insurance rates would go through the roof.

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