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USA Statutes : oregon
Title : TITLE 17 STATE LEGISLATIVE DEPARTMENT AND LAWS
Chapter : Chapter 173 Legislative Service Agencies
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(1) The appointing authority for regular employees of the Legislative
Administration Committee, Legislative Counsel Committee or any other
statutory committee or statutory office of the Legislative Assembly
holding regular positions in the same sense as those held by regular
employees of those statutory committees or offices, may adopt and follow
policies in regard to working hours, leaves of absence, vacations and
sick and disability leave for those employees consistent with the State
Personnel Relations Law and applicable rules adopted pursuant thereto.
(2) The Legislative Administration Committee may adopt and follow
policies in regard to vacation and sick leave for regular employees of
the Legislative Assembly to whom subsection (1) of this section does not
apply that are consistent with the provisions of the State Personnel
Relations Law and applicable rules adopted pursuant thereto.
(3) Vacation and sick leave accrued by a regular employee of a
statutory committee or office under subsection (1) of this section and by
a regular employee of the Legislative Assembly under subsection (2) of
this section shall be credited to the employee by the state agency in the
executive or administrative branch that employs the regular employee
immediately after that employee’s employment by a statutory committee or
office or by the Legislative Assembly. [1971 c.638 §15; 1979 c.468 §38;
1979 c.509 §1a]
(1) If the Legislative Administration Committee
adopts policies under ORS 173.005 (2), it may give credit for vacation
and sick leave of regular employees of the Legislative Assembly that
accrued prior to October 3, 1979, if:
(a) The policies adopted and the method of crediting the vacation
and sick leave are consistent with the provisions of the State Personnel
Relations Law and applicable rules adopted pursuant thereto; and
(b) The regular employee has not been compensated previously in any
way for any vacation or sick leave.
(2) If the Legislative Administration Committee acts pursuant to
subsection (1) of this section, vacation and sick leave accrued by a
regular employee of the Legislative Assembly shall be credited as
provided in ORS 173.005 (3) if a former regular employee is in the employ
of a state agency in the executive or administrative branch. [1979 c.509
§§2,3](1) The Legislative Fiscal
Officer, with the aid of the Oregon Department of Administrative
Services, Legislative Revenue Officer, state agencies and affected local
governmental units, including school districts, shall prepare a fiscal
impact statement on each measure introduced in the Legislative Assembly
that could have an effect on expenditures of local governmental units,
including school districts.
(2) The Legislative Revenue Officer, with aid of the Legislative
Fiscal Officer, the Department of Revenue, state agencies and affected
local governmental units, including school districts, shall prepare a
revenue impact statement on each measure introduced in the Legislative
Assembly that could have any effect on revenues of local governmental
units, including school districts. [1977 c.414 §1; 1989 c.970 §2](1) For any measure
introduced in the Legislative Assembly the effect of which is to create a
new crime or increase the period of incarceration allowed or required for
an existing crime, the Legislative Fiscal Officer, with the aid of the
Oregon Department of Administrative Services, Legislative Revenue
Officer, state agencies and affected local governmental units, shall
prepare a fiscal impact statement describing the fiscal impact that the
measure would, if enacted, have on the state as well as on local
governmental units.
(2) In particular and to the extent practicable, the Legislative
Fiscal Officer shall determine and describe in the statement the
following:
(a) The fiscal impact on state and local law enforcement agencies,
including an estimate of the increase in anticipated number of arrests
annually;
(b) The fiscal impact on state and local courts, including an
estimate of the increase in the anticipated number of trials annually;
(c) The fiscal impact on district attorney offices, including an
estimate of the increase in the anticipated number of prosecutions
annually;
(d) The fiscal impact on public defense resources, including an
estimate of the increase in the anticipated number of cases annually; and
(e) The fiscal impact on state and local corrections resources,
including resources supporting parole and probation supervision, and also
including an estimate of the increase in the anticipated number of
bed-days to be used annually at both the state and local level as a
result of the passage of the measure. [1987 c.854 §2; 2001 c.962 §103]The Legislative Fiscal Officer and Legislative
Revenue Officer shall submit the statement prepared under ORS 173.025 or
173.029 to the Legislative Assembly at a time set by the rules of the
house where the measure was introduced. The Speaker of the House of
Representatives and the President of the Senate shall refer the statement
to the committee to which the measure was referred. The committee shall
review the statement prepared under ORS 173.025 or 173.029 prior to
reporting the measure out. [1977 c.414 §2; 1987 c.854 §3] The Legislative Fiscal Officer and
Legislative Revenue Officer shall review and revise the statement as
measures are amended. [1977 c.414 §3]The Legislative Fiscal Officer, with the aid of the Public
Employees Retirement Board and public employers providing benefits under
ORS chapter 238A, shall prepare a fiscal impact statement on each measure
introduced in the Legislative Assembly that would increase employer
contributions under ORS chapter 238A. If the Legislative Fiscal Officer
determines that a proposed measure would result in an increase in the
total liability for benefits under ORS chapter 238A that is in excess of
one-tenth of one percent, the Legislative Fiscal Officer shall promptly
notify the Public Employees Retirement Board. The board shall thereafter
promptly give notice of the proposed measure, and the fiscal impact of
the proposed measure as determined by the Legislative Fiscal Officer, to
all public employers providing benefits under ORS chapter 238A. [2003
c.733 §45b] The Legislative Fiscal
Officer and Legislative Revenue Officer are authorized to contract with
other agencies or persons to provide fiscal data necessary to carry out
the provisions of ORS 173.025 to 173.055. [1977 c.414 §4]The Legislative Counsel Committee is established as
a joint committee of the Legislative Assembly. The Legislative Counsel
Committee shall select a Legislative Counsel to serve as its executive
officer. [1969 c.256 §2 (enacted in lieu of 173.110); 1971 c.638 §4; 1999
c.117 §1]The Legislative Counsel shall be in attendance upon all
sessions of the Legislative Assembly. [1953 c.492 §2] (1) The
Legislative Counsel shall prepare or assist in the preparation of
legislative measures when requested to do so by a member or committee of
the Legislative Assembly.
(2) Upon the written request of a state agency, the Legislative
Counsel may prepare or assist in the preparation of legislative measures
that have been approved for preparation in writing by the Governor or the
Governor’s designated representative. The Legislative Counsel may also
prepare or assist in the preparation of legislative measures that are
requested in writing by the Judicial Department, the Governor, the
Secretary of State, the State Treasurer, the Attorney General, the
Commissioner of the Bureau of Labor and Industries or the Superintendent
of Public Instruction. In accordance with ORS 283.110, the Legislative
Counsel may charge the agency or officer for the services performed.
(3) The Legislative Counsel shall give such consideration to and
service concerning any measure or other legislative matter before the
Legislative Assembly as is requested by the House of Representatives, the
Senate or any committee of the Legislative Assembly that has the measure
or other matter under consideration.
(4) The Legislative Counsel, pursuant to the policies and
directions of the Legislative Counsel Committee and in conformity with
any applicable rules of the House of Representatives or Senate, shall
perform or cause to be performed research service requested by any member
or committee of the Legislative Assembly in connection with the
performance of legislative functions. Research assignments made by joint
or concurrent resolution of the Legislative Assembly shall be given
priority over other research requests received by the Legislative
Counsel. The research service to be performed includes the administrative
services incident to the accomplishment of the research requests or
assignments.
(5) The Legislative Counsel shall give an opinion in writing upon
any question of law in which the Legislative Assembly or any member or
committee of the Legislative Assembly may have an interest when the
Legislative Assembly or any member or committee of the Legislative
Assembly requests the opinion. Except as provided in subsection (2) of
this section and ORS 173.135, the Legislative Counsel shall not give
opinions or provide other legal services to persons or agencies other
than the Legislative Assembly and members and committees of the
Legislative Assembly.
(6) The Legislative Counsel may enter into contracts to carry out
the functions of the Legislative Counsel. [1953 c.492 §3; 1959 c.295 §2;
1973 c.226 §1; 1979 c.237 §1; 1999 c.117 §2; 1999 c.207 §1; 2001 c.45 §2;
2001 c.104 §57]When deemed necessary or advisable to protect the official
interests of the Legislative Assembly, one or more legislative
committees, or one or more members of the Legislative Assembly, the
Legislative Counsel Committee may direct the Legislative Counsel and the
staff of the Legislative Counsel, or may retain any member of the Oregon
State Bar, to appear in, commence, prosecute or defend any action, suit,
matter, cause or proceeding in any court or agency of this state or of
the United States. Expenses and costs incurred pursuant to this section
may be paid by the committee from any funds available to the committee.
[1961 c.167 §32; 2005 c.22 §119] The Legislative Counsel
shall cooperate with the proponents of an initiative measure in its
preparation when:
(1) Requested in writing so to do by 50 or more electors proposing
the measure; and
(2) In the judgment of the committee there is reasonable
probability that the measure will be submitted to the electors of the
state under the laws relating to the submission of initiative measures.
[1953 c.492 §4]In preparing editions of the statutes for
publication and distribution, the Legislative Counsel shall not alter the
sense, meaning, effect or substance of any Act, but, within such
limitations, may:
(1) Renumber sections and parts of sections of the Acts;
(2) Rearrange sections;
(3) Change reference numbers to agree with renumbered chapters,
sections or other parts;
(4) Delete references to repealed sections;
(5) Substitute the proper subsection, section or chapter or other
division numbers;
(6) Change capitalization and spelling for the purpose of
uniformity; and
(7) Correct manifest clerical, grammatical or typographical errors.
(1) The
Legislative Counsel Committee shall consist of the Speaker of the House
of Representatives, the President of the Senate, five members of the
House appointed by the Speaker, and four members of the Senate appointed
by the President. The Speaker of the House of Representatives and the
President of the Senate may each designate from among the members of the
appropriate house an alternate to exercise powers as a member of the
committee. The appointing authorities shall appoint members of a new
committee within 30 days after the convening of the Legislative Assembly
in regular session.
(2) The term of a member of the committee shall expire upon the
convening of the Legislative Assembly in regular session next following
the member’s appointment. Vacancies occurring in the membership of the
committee shall be filled by the appointing authority.
(3) The committee has a continuing existence and may meet, act and
conduct its business during the sessions of the Legislative Assembly or
any recess thereof, and in the interim period between sessions but the
committee has no authority to affect the rules of either house.
(4) The committee may appoint advisory committees or subcommittees.
Except as otherwise provided in this subsection, individuals other than
members of the Legislative Assembly may serve on such advisory committees
or subcommittees. A member of such committee or subcommittee who is not a
member of the Legislative Assembly shall be compensated and reimbursed in
the manner provided in ORS 292.495. An advisory committee or subcommittee
appointed to assist the committee in review of state agency rules may
(1) The Legislative
Counsel Committee shall select the Legislative Counsel, who shall serve
at the pleasure of the committee. The Legislative Counsel shall be a
person authorized to practice law in the highest court of one of the
states of the United States.
(2) The Legislative Counsel Committee shall fix the annual salary
of the Legislative Counsel. Subject to the limitations otherwise provided
by law for expenses of state officers, the Legislative Counsel shall be
reimbursed for actual and necessary expenses incurred or paid by the
Legislative Counsel in the performance of duties of the Legislative
Counsel. [1953 c.492 §10; 1999 c.117 §5] Subject to the approval of the
committee, the Legislative Counsel may employ and fix the compensation of
such professional assistants and clerical and other employees as the
Legislative Counsel deems necessary for the effective conduct of the work
under the charge of the Legislative Counsel. [1953 c.492 §11; 1973 c.735
§8] (1) The
expiration of the terms of members of the Legislative Counsel Committee,
as provided by ORS 173.191, does not affect the employment of any
individual filling a position previously approved by the committee.
(2) After the convening of the Legislative Assembly in regular
session and until the newly appointed Legislative Counsel Committee
provides otherwise, the Legislative Counsel may employ and fix the
compensation of individuals the Legislative Counsel considers necessary
for the effective conduct of the work supervised or managed by the
Legislative Counsel.
(3) Notwithstanding ORS 173.111 and 173.200, if a vacancy occurs in
the position of Legislative Counsel after the convening of the
Legislative Assembly in regular session and before the appointment of a
Legislative Counsel Committee, the President of the Senate and the
Speaker of the House of Representatives may jointly select a Legislative
Counsel who has the qualifications set forth in ORS 173.200. The
Legislative Counsel selected by the President and the Speaker serves at
their pleasure at a salary jointly fixed by the President and the Speaker
that does not exceed the salary last fixed by the committee. The
President and Speaker may act in lieu of the Legislative Counsel
Committee under ORS 293.335 in designating the Legislative Counsel they
select to approve disbursements and in filing the statement of
designation. After appointment of a Legislative Counsel Committee, the
Legislative Counsel selected under this subsection serves at the pleasure
of the committee and the committee may exercise power and authority over
the Legislative Counsel as if the Legislative Counsel had been selected
by the committee. [1965 c.113 §1; 1967 c.5 §1; 1975 c.136 §10; 1999 c.117
§6] The permanent
office of the Legislative Counsel shall be in the State Capitol, where
the Legislative Counsel shall be provided with suitable and sufficient
offices convenient to the chambers of the House and Senate. [1953 c.492
§12](1) The Legislative Counsel or any employee of the Legislative
Counsel Committee may not reveal to any person not an employee of the
committee the contents or nature of any matter before the Legislative
Counsel in the official capacity of the Legislative Counsel, if the
person bringing the matter before the Legislative Counsel or employee
designates the matter as confidential. Matters not designated as
confidential may be revealed only as prescribed by the rules of the
committee.
(2) Notwithstanding subsection (1) of this section, the Legislative
Counsel may provide a copy of a draft measure to the Legislative Fiscal
Officer and the Legislative Revenue Officer.
(3) The provision by the Legislative Counsel of a copy of a draft
measure under subsection (2) of this section is not a waiver of privilege
under ORS 40.225. [1953 c.492 §14; 1961 c.167 §30; 1999 c.117 §7; 2001
c.45 §4]
Neither the Legislative Counsel nor any employee of the committee shall
oppose, urge or attempt to influence legislation. [1953 c.492 §14]
(1) The Oregon Law Commission is established to conduct a
continuous substantive law revision program, including but not limited to
the subjects stated in ORS 173.338.
(2) The Oregon Law Commission shall consist of:
(a) Two persons, at least one of whom is a Senator at the time of
appointment, appointed by the President of the Senate;
(b) Two persons, at least one of whom is a Representative at the
time of appointment, appointed by the Speaker of the House of
Representatives;
(c) The deans of Oregon’s accredited law schools, or their
designees;
(d) Three persons designated by the Board of Governors of the
Oregon State Bar;
(e) The Attorney General or the Attorney General’s designee;
(f) The Chief Justice of the Supreme Court or the Chief Justice’s
designee; and
(g) One person appointed by the Governor.
(3) The term of office of each appointed member of the Oregon Law
Commission is two years. Before the expiration of the term of a member,
the appointing authority shall appoint a successor whose term begins on
September 1 next following. A member is eligible for reappointment. If
there is a vacancy for any cause, the appointing authority shall make an
appointment to become immediately effective for the unexpired term. A
member shall be removed from the commission if the member misses three
consecutive meetings without prior approval of the chairperson.
(4) The Oregon Law Commission shall elect its chairperson and vice
chairperson from among the members with such powers and duties as the
commission shall determine.
(5) A majority of the members of the commission constitutes a
quorum for the transaction of business. [1981 c.813 §1; 1997 c.661 §1]
A member of the
Oregon Law Commission who is not a member of the Legislative Assembly
shall receive no compensation for services as a member but, subject to
any other applicable law regulating travel and other expenses for state
officers, may receive actual and necessary travel and other expenses
incurred in the performance of official duties, providing funds are
appropriated therefor in the budget of the Legislative Counsel Committee.
[1981 c.813 §2; 1987 c.879 §3; 1997 c.661 §2] The Oregon Law Commission shall meet
at least once every three months at a place, day and hour determined by
the commission. The commission also shall meet at other times and places
specified by the call of the chairperson or of a majority of the members
of the commission. [1997 c.661 §5] (1) The Legislative Counsel shall
assist the Oregon Law Commission to carry out its functions as provided
by law.
(2) The Legislative Counsel pursuant to subsection (1) of this
section shall:
(a) Coordinate research for, and preparation of, legislative
proposals, as requested by the commission.
(b) Examine the published opinions of any judge of the Supreme
Court, the Court of Appeals and the Oregon Tax Court of this state for
the purpose of discovering and reporting to the commission any statutory
defects, anachronisms or omissions mentioned therein.
(c) Receive suggestions and proposed changes in the law from
interested persons, and bring such suggestions and proposals to the
attention of the commission.
(d) Perform such other services as are necessary to enable the
commission to carry out its functions as provided by law. [1981 c.813
§§3,4; 1997 c.661 §6] (1) The specific
subject areas to be part of the law revision program of the Oregon Law
Commission include but are not limited to:
(a) The common law and statutes of the state and current judicial
decisions for the purpose of discovering defects and anachronisms in the
law and recommending needed reforms.
(b) Proposed changes in the law recommended by the American Law
Institute, the National Conference of Commissioners on Uniform State
Laws, any bar association or other learned bodies.
(c) Suggestions from judges, justices, public officials, lawyers
and the public generally as to defects and anachronisms in the law.
(d) Such changes in the law as the commission considers necessary
to modify or eliminate antiquated and inequitable rules of law and to
bring the law of Oregon into harmony with modern conditions.
(e) The express repeal of all statutes repealed by implication or
held unconstitutional by state and federal courts.
(2) The Legislative Counsel shall provide necessary drafting
(1) The
Oregon Law Commission shall file a report at each regular session of the
Legislative Assembly that shall contain recommendations for statutory and
administrative changes and a calendar of topics selected by the
commission for study, including a list of the studies in progress and a
list of topics intended for future consideration.
(2) The commission shall also study any topic that the Legislative
The Oregon Law Commission may cooperate with any bar association or other
learned, professional or scientific association, institution or
foundation in a manner suitable to fulfill the functions of the
commission. [1997 c.661 §7]The Oregon Law Commission by its members or its
staff may appear before committees of the Legislative Assembly in an
advisory capacity, pursuant to the rules thereof, to present testimony
and evidence in support of the commission’s recommendations. [1997 c.661
§8] (1) To aid and advise
the Oregon Law Commission in the performance of its functions, the
commission may establish such advisory and technical committees as the
commission considers necessary. These committees may be continuing or
temporary. The commission shall determine the representation, membership,
terms and organization of the committees and shall appoint their members.
(2) Members of the committees are not entitled to compensation, but
in the discretion of the commission may be reimbursed from funds
available to the commission for actual and necessary travel and other
expenses incurred in the performance of their official duties. [1997
c.661 §10] The Oregon
Law Commission may solicit and receive funds from grants and gifts to
assist and support its functions. [1997 c.661 §9]
All moneys collected or received by the Oregon Law Commission shall be
paid into the General Fund of the State Treasury. Such moneys are
continuously appropriated for and shall be used by the commission in
carrying out the purposes for which the funds are received. [1997 c.661
§11]LEGISLATIVE FISCAL OFFICER(1) As used in this section, ORS 173.420 and
173.450, “appointing authority” means the Joint Committee on Ways and
Means during a session of the Legislative Assembly and the Emergency
Board during the interim between sessions of the Legislative Assembly.
(2) The appointing authority shall select the Legislative Fiscal
Officer who shall serve at the pleasure of the appointing authority and
under its direction. [1959 c.70 §1; 1971 c.679 §1] (1) Pursuant to the
policies and directions of the appointing authority, the Legislative
Fiscal Officer shall:
(a) Ascertain facts and make recommendations to the Legislative
Assembly concerning the Governor’s budget report.
(b) Ascertain facts concerning state expenditures and make
estimates concerning state expenditures.
(c) Ascertain facts and make recommendations concerning the fiscal
implications of the organization and functions of the state and its
agencies.
(d) Ascertain facts and make recommendations on such other matters
as may be provided for by joint or concurrent resolution.
(e) Furnish such assistance in the performance of their duties as
is requested by the House Revenue Committee, the Senate Revenue
Committee, the Legislative Revenue Officer and other legislative standing
and interim committees and members of the Legislative Assembly.
(2) Pursuant to the policies and directions of the appointing
authority, the Legislative Fiscal Officer may enter into contracts to
carry out the functions of the Legislative Fiscal Officer. [1959 c.70 §2;
1971 c.679 §2; 1975 c.789 §7; 1999 c.207 §2; 2001 c.158 §1](1) Subject to the approval of the appointing authority, the
Legislative Fiscal Officer may employ and fix the compensation of such
professional assistants and clerical and other employees as the
Legislative Fiscal Officer finds necessary for the effective conduct of
the work under the charge of the Legislative Fiscal Officer.
(2) The appointing authority shall fix the salary of the
Legislative Fiscal Officer.
(3) Subject to the limitations otherwise provided by law for
expenses of state officers, the Legislative Fiscal Officer and members of
the staff of the Legislative Fiscal Officer shall be reimbursed for all
actual and necessary expenses incurred in performing their duties. [1959
c.70 §§6,7,8; 1971 c.679 §3] The
Legislative Fiscal Officer or any employee of the Legislative Fiscal
Officer may not reveal to any person not an employee of the Legislative
Fiscal Officer the contents or nature of any confidential draft measure
provided to the Legislative Fiscal Officer by the Legislative Counsel.
[2001 c.45 §5] (1) There is
established within the legislative department the Oregon State Capitol
Foundation. The foundation shall be composed of not fewer than nine and
not more than 25 voting members, who shall each serve a term of four
years. The President of the Senate shall appoint three voting members
from members of the Senate. The Speaker of the House of Representatives
shall appoint three voting members from members of the House of
Representatives. The Legislative Administration Committee shall appoint
the remaining voting members. A member is eligible for reappointment. At
all times there shall be appointed to the foundation an odd number of
voting members. The foundation may appoint honorary, nonvoting members to
the foundation.
(2) The Oregon State Capitol Foundation shall:
(a) Advise the Legislative Administration Committee on the terms
and conditions of contracts or agreements entered into under ORS 276.002.
(b) Recommend to the committee renovations, repairs and additions
to the State Capitol.
(c) Recommend to the committee exhibits and events for the State
Capitol.
(d) Deposit gifts, grants, donations and moneys converted from
gifts or donations of other than money into separate trust accounts
reserved for the purposes of the gifts, grants and donations.
(e) Develop, maintain and implement plans to:
(A) Enhance and embellish the State Capitol in keeping with the
design and purpose of the building and adjacent areas; and
(B) Preserve the history of activities of state government that
have occurred in the State Capitol and of persons who have participated
in state government in the State Capitol.
(f) Adopt rules to guide the foundation and implement the
foundation’s responsibilities under this subsection and the foundation’s
authority under subsections (3) to (5) of this section.
(g) Consult with any advisory committees the Legislative
Administration Committee may designate before the foundation makes a
recommendation required by this subsection.
(3) The Oregon State Capitol Foundation may:
(a) Solicit and accept gifts, grants and donations from public and
private sources in the name of the foundation.
(b) Under guidelines adopted by the Legislative Administration
Committee, expend moneys from the Oregon State Capitol Foundation Fund
for the purposes set out in subsection (2) of this section, including but
not limited to the reasonable and necessary operating expenses of the
foundation.
(c) Convert gifts or donations other than money into moneys.
(d) Become or create an organization under section 501(c)(3) of the
Internal Revenue Code.
(4)(a) As used in this subsection, “community foundation” has the
meaning given that term in ORS 348.580.
(b) The Oregon State Capitol Foundation may enter into agreements
with a person, including a community foundation in Oregon, for the person
to assume the management of the moneys in the Oregon State Capitol
Foundation Fund. The Oregon State Capitol Foundation may transfer to the
person any moneys in the fund.
(c) The Oregon State Capitol Foundation shall include in any
agreement entered into under this subsection a requirement that:
(A) The person conduct a periodic independent financial audit of
the moneys transferred to the person.
(B) The person prepare an annual financial report according to
generally accepted accounting principles.
(C) The person submit an annual financial report to the Oregon
State Capitol Foundation, the Legislative Administration Committee and
the Oregon Investment Council.
(d) If a provision of an agreement entered into under this
subsection would cause the person to be out of compliance with a federal
law, the Oregon State Capitol Foundation may waive the provision.
(5) The Oregon State Capitol Foundation may, through the
Legislative Administrator, enter into contracts or agreements to
implement the foundation’s responsibilities and authority. ORS 279.835 to
279.855 and ORS chapters 279A, 279B and 279C do not apply to a contract
or agreement entered into by the foundation.
(6) The Oregon State Capitol Foundation may take action under this
section upon a majority vote of a quorum of members. A majority of the
voting members of the foundation constitutes a quorum for the transaction
of business. [2001 c.118 §1; 2003 c.794 §197]NATURAL RESOURCES POLICY ADMINISTRATOR(1) As used in this section
and ORS 173.620 and 173.630, “appointing authority” means the President
and Minority Leader of the Senate and the Speaker and Minority Leader of
the House of Representatives.
(2) The appointing authority shall select the Natural Resources
Policy Administrator by unanimous agreement. The administrator shall
serve at the pleasure and under the direction of the appointing
authority. [1999 c.1048 §1] (1)
Pursuant to the policies and directions of the appointing authority, the
Natural Resources Policy Administrator shall:
(a) Upon written request of a member or committee of the
Legislative Assembly, prepare or assist in the preparation of studies and
reports and provide information and research assistance on matters
relating to the natural resources of this state and to any other relevant
matters.
(b) Ascertain facts concerning the natural resources of this state.
(c) Make recommendations to the Legislative Assembly concerning the
natural resources policy of this state.
(d) Prepare analyses of the effect of all natural resources
measures before the Legislative Assembly and of all other measures
affecting the natural resources of this state.
(e) Assist in the preparation of measures affecting the natural
resources of this state.
(f) Perform such duties as may be directed by joint or concurrent
resolution of the Legislative Assembly.
(g) Adopt rules relating to the submission, processing and
priorities of requests. Rules adopted under this paragraph shall be in
conformance with any applicable rules of the House of Representatives or
the Senate.
(h) Seek the advice and assistance of political subdivisions of
this state, governmental agencies and any interested persons,
associations or organizations in the performance of the duties of the
administrator.
(i) Provide information to the public about legislative action
concerning the natural resources of this state.
(2) Pursuant to the policies and directions of the appointing
authority, the Natural Resources Policy Administrator may enter into
contracts to carry out the functions of the Natural Resources Policy
Administrator. [1999 c.1048 §2; 2001 c.158 §2](1) Subject to the approval of the appointing authority, the
Natural Resources Policy Administrator may employ and fix the
compensation of such professional assistants and clerical and other
employees as the administrator finds necessary for the effective conduct
of the work under the charge of the administrator.
(2) The appointing authority shall fix the salary of the
administrator.
(3) Subject to the limitations otherwise provided by law for
expenses of state officers, the administrator and members of the staff of
the administrator shall be reimbursed for all actual and necessary
expenses incurred in performing their duties. [1999 c.1048 §3](1) Neither the Natural Resources Policy Administrator nor an employee of
the administrator may reveal to a person not an employee of the
administrator the contents or nature of a matter before the administrator
in the official capacity of the administrator, if the person who brings
the matter before the administrator designates the matter as confidential.
(2) Neither the administrator nor an employee of the administrator
may oppose, urge or attempt to influence legislation. [1999 c.1048 §4]LEGISLATIVE ADMINISTRATION COMMITTEEThe Legislative Administration
Committee hereby is established as a joint committee of the Legislative
Assembly. The committee shall select a Legislative Administrator who
shall serve at the pleasure of the committee and under its direction.
[1969 c.620 §1; 1971 c.638 §8] (1) Pursuant to the
policies and directions of the Legislative Administration Committee, the
Legislative Administrator shall:
(a) Coordinate administrative operations of the Legislative
Assembly in order to ensure efficient work flow.
(b) Develop standard formats for legislative manuals and interim
committee reports.
(c) Review legislative organization, rules and procedure in
cooperation with the Legislative Counsel with the intent of modernizing
legislative operations.
(d) Conduct a continuing study of possible applications of
technological changes and improvements, such as data processing and
electronic equipment, to improve legislative procedures, and when
considered advisable, make recommendations to adopt such applications.
(e) Arrange for and coordinate orientation conferences for members
of the Legislative Assembly that shall include, but need not be limited
to, education about recycling programs available in the State Capitol.
(f) Study and make recommendations on legislative compensation and
working conditions.
(g) Control all space and facilities within the State Capitol and
such other space as is assigned to the Legislative Assembly.
(h) Direct renovation and repair of the State Capitol, renovation,
repair and replacement of State Capitol fixtures and facilities, and
artistic and other aesthetic improvements to the State Capitol and
adjacent areas.
(i) Exercise continuing supervision, coordination and support of
clerical and administrative services to legislative interim committees,
including consideration of adequacy of staff and administrative services
for such committees.
(j) Perform administrative service functions for the Legislative
Assembly, including but not limited to accounting, data processing,
personnel administration, printing, supply, space allocation and property
management.
(k) Provide research facilities and services to members of the
Legislative Assembly and committees thereof.
(L) Arrange for the printing and distribution of legislative
manuals and interim committee reports.
(m) Establish fee schedules for legislative measures, calendars,
indexes and digests.
(n) Coordinate the use of legislative supplies, materials,
equipment and other property by legislative interim committees and by
standing committees of the Legislative Assembly.
(2) Pursuant to the policies and directions of the Legislative
Administration Committee, the Legislative Administrator may enter into
contracts to carry out the functions of the Legislative Administrator.
[1969 c.620 §3; 1971 c.638 §9; 1977 c.121 §2; 1997 c.552 §28; 1997 c.817
§1; 1999 c.207 §3; 2001 c.158 §3] (1) The
Legislative Administration Committee shall consist of the Speaker of the
House of Representatives, the President of the Senate, four members of
the House appointed by the Speaker, and three members of the Senate
appointed by the President. The Speaker of the House of Representatives
and the President of the Senate may each designate an alternate from time
to time from among the members of the house over which that person
presides to exercise the powers, except as cochairperson, as a member of
the committee. No more than three House members of the committee shall be
of the same political party. No more than three Senate members of the
committee shall be of the same political party.
(2) The committee has a continuing existence and may meet, act and
conduct its business during sessions of the Legislative Assembly or any
recess thereof, and in the interim period between sessions.
(3) The term of a member shall expire upon the convening of the
Legislative Assembly in regular session next following the commencement
of the member’s term. When a vacancy occurs in the membership of the
committee in the interim between sessions, until such vacancy is filled,
the membership of the committee shall be deemed not to include the vacant
position for the purpose of determining whether a quorum is present and a
quorum is a majority of the remaining members.
(4) The presiding officers shall act as cochairpersons and may
alternate at succeeding meetings as presiding chairperson of the
committee and vice chairperson thereof. The cochairpersons, jointly or
singly, may, in addition to other acts authorized, approve voucher claims.
(5) Action of the committee shall be taken only upon the
affirmative vote of the majority of members from each house who serve as
members of the committee. [1969 c.620 §2; 1971 c.638 §10; 1975 c.530 §5;
1977 c.121 §3](1) Subject to the
approval of the Legislative Administration Committee, the Legislative
Administrator may employ and fix the compensation of such assistants and
clerks as the Legislative Administrator finds necessary for the effective
conduct of the work under the charge of the Legislative Administrator.
(2) The Legislative Administration Committee shall fix the annual
salary of the Legislative Administrator.
(3) Neither the Legislative Administrator nor any employee of the
committee shall oppose, urge or attempt to influence any measure pending
before the Legislative Assembly.
(4) Subject to the limitations otherwise provided by law for the
expenses of state officers, the Legislative Administrator and members of
the staff of the Legislative Administrator shall be reimbursed for all
actual and necessary expenses incurred in performing their duties. [1969
c.620 §4] The
expiration of the terms of members of the Legislative Administration
Committee upon the convening of the Legislative Assembly in regular
session next following the commencement of their terms, as provided in
ORS 173.730, does not affect the employment of any individual filling a
position previously approved by the committee. After the convening of the
Legislative Assembly in regular session and until such time as the newly
appointed committee provides otherwise, the Legislative Administrator may
employ and fix the compensation of individuals the Legislative
Administrator deems necessary for the effective conduct of the work under
the charge of the Legislative Administrator. [1969 c.620 §5] (1) The
Legislative Administration Committee from time to time may appoint such
advisory committees consisting of members of the Legislative Assembly and
others as are necessary to assist the committee in carrying out its
functions as provided by law.
(2) A member of an advisory committee who is a member of the
Legislative Assembly shall be entitled to receive the per diem specified
in ORS 171.072 from funds appropriated to the Legislative Assembly for
each day of performance of duties as an advisory committee member. Other
members are entitled to compensation and expenses as provided in ORS
292.495. Expenses incurred under this section are payable from funds
appropriated or otherwise available to the Legislative Administration
Committee. [1977 c.121 §4; 1987 c.879 §4](1)(a) The Legislative Administration Committee in conjunction with the
Legislative Counsel Committee shall, with the advice of the President of
the Senate, through the Secretary of the Senate, and the Speaker of the
House of Representatives, through the Chief Clerk of the House of
Representatives, make all of the following information available to the
public and members of the Legislative Assembly in electronic form:
(A) The legislative calendar, the schedule of legislative committee
hearings, a list of matters pending on the floors of both houses of the
Legislative Assembly and a list of the committees of the Legislative
Assembly and their members.
(B) The text of each bill introduced in each current legislative
session, including each amended and enrolled form of the bill.
(C) The bill history of each bill introduced and amended in each
current legislative session.
(D) The bill status of each bill introduced and amended in each
current legislative session.
(E) All vote information concerning each bill in each current
legislative session.
(F) Any veto message concerning a bill in each current legislative
session.
(G) The Oregon Constitution.
(H) All Oregon Laws enacted on and after September 9, 1995.
(I) The Constitution of the United States.
(b) The Legislative Administration Committee, in its discretion,
may make available in electronic form to the public and members of the
Legislative Assembly Staff Measure Summaries for each bill in a current
legislative session.
(2)(a) The information identified in subsection (1) of this section
shall be made available to the public through the largest nonproprietary,
nonprofit cooperative public computer network. The information shall be
made available in one or more formats and by one or more means in order
to provide the general public in this state with the greatest feasible
access. Any person who accesses the information may access all or any
part of the information. The information may also be made available by
any other means that would facilitate public access to the information.
(b) Except as provided in paragraph (c) of this subsection, the
Legislative Administration Committee shall determine the most
cost-effective formats and procedures for the timely release of the
information in electronic form.
(c) Pursuant to ORS 171.275, the Legislative Counsel Committee, in
its discretion, may authorize the release of the text of Oregon Revised
Statutes in electronic form.
(3) Any documentation that describes the electronic digital formats
of the information identified in subsection (1) of this section and is
available to the public shall be made available through the computer
network specified in subsection (2) of this section.
(4) Personal information concerning a person who accesses the
information identified in subsection (1) of this section may be
maintained only for the purpose of providing service to the person.
(5) No fee or other charge may be imposed by the Legislative
Administration Committee as a condition of accessing the information
identified in subsection (1) of this section through the computer network
specified in subsection (2) of this section.
(6) No action taken pursuant to this section shall be deemed to
alter or relinquish any copyright or other proprietary interest or
entitlement of the State of Oregon relative to any of the information
made available pursuant to subsection (1) or (2)(c) of this section.
[1995 c.614 §3; 2001 c.45 §7] (1) The Legislative Administration
Committee shall make available to each member of the Legislative Assembly
an electronic mail address accessible by Oregonians through the largest
nonproprietary, nonprofit cooperative public computer network.
(2) All state agencies shall cooperate with the Legislative
Administration Committee in the implementation of this section and ORS
171.795, 173.763 and 183.365. [1995 c.614 §4](1) The Legislative Administration Committee may adopt rules
to carry out its duties under statute or legislative rules or directives,
including setting and collecting fees for facilities and services and
obtaining copyrights and patents on copyrightable or patentable materials
developed, published or produced by committee staff.
(2) Rules adopted under authority of this section are not rules
within the meaning of ORS chapter 183 and are not subject to review under
ORS 183.710 to 183.725. However, the Legislative Administration Committee
shall give reasonable notice of its intent to adopt rules and conduct a
hearing open to the public before adopting any rule.
(3) As used in this section, “rule” means any directive, standard
or statement of general application that implements or interprets the
duties of the Legislative Administration Committee and includes amendment
or repeal of a prior rule but does not include internal management
directives or statements relating to committee business between committee
members or between committee members and committee staff or between
committee staff. [1979 c.740 §2]Subject to the approval of the Legislative Administration
Committee, the Legislative Administrator may cause to be sold, leased or
otherwise made available data processing programs, information or
materials developed by committee staff to any agency or legislative body
of any state or the federal government under such terms and conditions as
may be agreed to by the committee and the agencies. Moneys collected
under this section shall be credited to the General Fund and are
available for general governmental purposes. [1979 c.740 §1; 2005 c.22
§121] (1) The
Legislative Administration Committee directly or by contract may
establish a gift shop in the Capitol to provide for the retail sale of
Oregon products approved for sale by the committee. Wholesale purchase of
such products is not subject to competitive bidding.
(2) All net profits from sales described in subsection (1) of this
section shall be applied to exceptional and otherwise unbudgeted
maintenance expenses and other expenses incurred for enhancement and
restoration of the Capitol and are continuously appropriated therefor.
[1983 c.444 §5](1) There is established for the Legislative Administration
Committee a Stores Revolving Account. The committee may pay for rent,
staff, stocks of supplies, materials, equipment and fixtures used under
ORS 173.785 from the Stores Revolving Account for the purpose of
supplying current requirements, the cost of which shall be reimbursed to
the revolving account through receipts on the basis of sales. The moneys
in the Stores Revolving Account are appropriated continuously to the
committee for the purposes of this subsection.
(2) Quarterly any amount in the Stores Revolving Account in excess
of $30,000 shall be transferred and credited to the State Capitol
Operating Account established under ORS 276.003, to be accounted for
separately and to be used as provided in ORS 173.785 (2). The use shall
be considered to be an operating and maintenance expense of the State
Capitol.
(3) There is established for the Legislative Administration
Committee a Property and Supplies Stores Account. The committee may pay
for rent, staff, stocks of supplies, materials, equipment and fixtures
used to provide supplies for resale to tenants of the State Capitol from
the Property and Supplies Stores Account for the purpose of supplying
current requirements, the cost of which shall be reimbursed to the
account through receipts on the basis of sales. The moneys in the
Property and Supplies Stores Account are appropriated continuously to the
committee for the purposes of this subsection. [1983 c.444 §6; 1987 c.704
§1; 2003 c.734 §22]LEGISLATIVE REVENUE OFFICER(1) As used in ORS 173.800 to 173.850, during the
interim between sessions of the Legislative Assembly, “appointing
authority” means the Interim Committee on Revenue if created, or, if no
Interim Committee on Revenue is created, means the Speaker of the House
of Representatives and the President of the Senate. During a session of
the Legislative Assembly, “appointing authority” means the House Revenue
Committee and the Senate Revenue Committee.
(2) The appointing authority, with the approval of the Speaker of
the House of Representatives and the President of the Senate, shall
select a Legislative Revenue Officer who shall serve at the pleasure of
the appointing authority and under its direction. [1975 c.789 §1] (1) Subject
to the approval of the appointing authority, the Legislative Revenue
Officer may employ and fix the compensation of such professional
assistants and clerical and other employees as the Legislative Revenue
Officer finds necessary for the effective conduct of the work under the
charge of the Legislative Revenue Officer.
(2) The appointing authority shall fix the salary of the
Legislative Revenue Officer.
(3) Subject to the limitations otherwise provided by law for
expenses of state officers, the Legislative Revenue Officer and members
of the staff of the Legislative Revenue Officer shall be reimbursed for
all actual and necessary expenses incurred in performing their duties.
[1975 c.789 §2] (1) Pursuant to the policies and
directions of the appointing authority, the Legislative Revenue Officer
shall:
(a) Upon written request of a member of the Legislative Assembly or
any committee thereof, prepare or assist in the preparation of studies
and reports and provide information and research assistance on matters
relating to taxation and to the revenue of this state and to any other
relevant matters.
(b) Ascertain facts concerning revenues and make estimates
concerning state revenues.
(c) Ascertain facts and make recommendations to the Legislative
Assembly concerning the Governor’s tax expenditure report.
(d) Prepare analyses of and recommendations on the fiscal impact of
all revenue measures before the Legislative Assembly and of all other
measures affecting the revenue of this state.
(e) Perform such duties as may be directed by joint or concurrent
resolution of the Legislative Assembly.
(f) Adopt rules relating to the submission, processing and
priorities of requests. Rules adopted under this paragraph shall be in
conformance with any applicable rule of the House of Representatives or
the Senate. Requests made by joint or concurrent resolution of the
Legislative Assembly shall be given priority over other requests received
or initiated by the Legislative Revenue Officer. Rules adopted under this
paragraph shall be reviewed and approved by the appointing authority
prior to their adoption.
(g) Seek the advice and assistance of political subdivisions of
this state, governmental agencies and any interested persons,
associations or organizations in the performance of the duties of the
Legislative Revenue Officer.
(h) Perform such other duties as may be prescribed by law.
(2) Pursuant to the policies and directions of the appointing
authority, the Legislative Revenue Officer may enter into contracts to
carry out the functions of the Legislative Revenue Officer. [1975 c.789
§3; 1995 c.746 §72; 1999 c.207 §4; 2001 c.158 §4](1) The Legislative Revenue Officer may accept, receive,
receipt for, disburse and expend federal moneys and other moneys, public
or private, for the accomplishment of the purposes of ORS 173.800 to
173.850.
(2) All federal moneys accepted under this section shall be
accepted and transferred or expended by the Legislative Revenue Officer
upon such terms and conditions as are prescribed by the United States.
(3) All other moneys accepted under this section shall be accepted
and transferred or expended by the Legislative Revenue Officer upon such
terms and conditions as are prescribed by law.
(4) All moneys received by the Legislative Revenue Officer pursuant
to this section shall be deposited in the State Treasury and, unless
otherwise prescribed by the authority from which such moneys were
received, shall be kept in separate funds designated according to the
purposes for which the moneys were made available, and held by the state
in trust for such purposes. All such moneys are continuously appropriated
to the Legislative Revenue Officer for the purposes for which they were
made available, to be disbursed or expended in accordance with the terms
and conditions upon which they were made available. [1975 c.789 §4] The
Legislative Revenue Officer is designated as the eligible applicant for
the State of Oregon for the purposes of section 842 of the Education
Amendments of 1974 (Pub. L. 93-380). [1975 c.789 §4a](1) Subject to subsection (2) of this section,
when requested to do so, the Department of Revenue shall:
(a) Advise and assist the Legislative Revenue Officer, staff and
employees with respect to the duties imposed upon the Legislative Revenue
Officer by ORS 173.800 to 173.850 or any resolution of the Legislative
Assembly;
(b) Disclose and give access to the Legislative Revenue Officer,
staff and employees of the Legislative Revenue Officer, to tax and
revenue information, including the information described in ORS 308.290
and 314.835, and other information the Legislative Revenue Officer
considers necessary and appropriate to the efficient performance of
duties under ORS 173.800 to 173.850 or any resolution of the Legislative
Assembly; and
(c) Assist in the compilation, assimilation and integration of such
information.
(2)(a) The department shall disclose and give access to the
Legislative Revenue Officer or any authorized representatives to the
information described in ORS 314.835 only if the request for the
information is made in writing, specifies the purposes for which the
request is made or information required and is signed by the Legislative
Revenue Officer or an authorized representative. The form for request for
information made under this paragraph shall be prescribed by the
Legislative Revenue Officer and approved by the Director of the
Department of Revenue.
(b) The department shall keep on file the request for information
made pursuant to this subsection. The requests constitute a public record
within the meaning of ORS 192.410 to 192.505. ORS 314.835 and 314.840 (3)
relating to the confidentiality of tax information apply to the
Legislative Revenue Officer, authorized representatives, staff and
employees of the Legislative Revenue Officer.
(c) As used in this subsection, “authorized representative” means a
person who, after consultation with the Director of the Department of
Revenue, the Legislative Revenue Officer has certified as an authorized
representative. A copy of the certificate shall be filed with the
department.
(3) Reports, estimates and analyses of the Legislative Revenue
Officer based upon the information described in ORS 308.290 and 314.835
obtained under this section shall be classified in such a manner as to
prevent the identification of particular reports and returns and the
items thereof. [1975 c.789 §5; 1985 c.565 §18] The
Legislative Revenue Officer or any employee of the Legislative Revenue
Officer may not reveal to any person not an employee of the Legislative
Revenue Officer the contents or nature of any confidential draft measure
provided to the Legislative Revenue Officer by the Legislative Counsel.
[2001 c.45 §6]
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