Is the DEQ Budget Bill Constitutional or Unconstitutional?

On Thursday, the House Republicans pushed through, on a nearly party line vote, a DEQ Budget Bill which contained the following language in Section 6 of the bill:

"neither the Department of Environmental Quality nor the Environmental Quality Commission may expend any moneys for the biennium beginning July 1, 2005, to adopt or enforce rules that impose California auto emission standards on motor vehicles sold, leased or titled in Oregon"

Article IX, Section 7 of the Oregon Constitution states:

"Appropriation laws not to contain provisions on other subjects. Laws making appropriations, for the salaries of public officers, and other current expenses of the State, shall contain provisions upon no other subject."

The section has been interpreted for decades to specifically prohibit budget bills from containing policy provisions.

Please post your answer to the following questions:

1. Did the DEQ budget bill violate Artile IX, Section 7 of the Oregon Constitution?

2. Is it smart policy to prohibit the Department of Environmental Quality from adopting stronger emissions standards?

June 17, 2005 by Question of the Week
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