House Bill 4106 curtails state agencies from abusing the temporary rule-making process
Small Business Gets More Say
Oregon’s
lawmaking just got a lot more transparent.
The
state’s legislators approved House Bill 4106 during their short session, which
forces state agencies to annually justify their use of the temporary
rule-making process.
That
process may be used in instances where agencies feel it is “in the best
interest of the public, or in instances where they feel if they don’t act,
there could be consequences,” said NFIB/Oregon State Director Anthony Smith.
But the process often doesn’t allow all stakeholders to discuss a regulation
before its implementation, Smith said.
The
new legislation requires agencies to generate greater evidence beyond just the
public’s best interest, though specific requirements were not set out. Some legislators, such as Rep. Bill
Kennemer, said that they heard about abuses of the temporary rule-making
process, which made the need for greater restrictions.
Under
the regular rule-making process, stakeholders have a chance to voice concerns
during a public hearing. But for rules enacted under the temporary process,
laws can stay in effect for 180 days without public input if agencies deem it
necessary. This leaves many important people out of the discussion, proponents
of HB 4106 said.
The
bill passed unanimously in both chambers amid a contentious short
session
that also saw the passage of Oregon’s harmful minimum wage bill. However, this
bipartisan bill will help small businesses, Smith said.
“The
end product is good because agencies have to make justifications publicly,
and hopefully they won’t use the temporary process as much,” Smith said.
