USA Statutes : oregon
Title : TITLE 17 STATE LEGISLATIVE DEPARTMENT AND LAWS
Chapter : Chapter 171 State Legislature
The
sessions of the Legislative Assembly shall be held at the capital of the
state and shall commence on the second Monday in January of each
odd-numbered year.(1) When a majority of the members of each
house of the Legislative Assembly has cause to believe that an emergency
exists and so notifies the presiding officers of each house in the manner
described in this section, the presiding officers shall invoke section
10a, Article IV of the Oregon Constitution.
(2) Members of the Legislative Assembly may give notice of intent
to invoke the provisions of subsection (1) of this section by filing
written notice thereof with the Legislative Administrator. The notice
shall be accompanied by a written statement giving justification of the
need for a special session. The filing may be signed by more than one
member of each house but must be signed by at least one member of each
house.
(3) Upon receipt of a properly signed notice and statement
described in subsection (2) of this section, the Legislative
Administrator shall send to each member of the Legislative Assembly a
form to be signed and returned by the member indicating whether the
member requests a special session or does not so request. The form shall
be as prescribed by the Legislative Administration Committee and shall
contain the text of this section, the names of the members who filed the
notice, and the text of the accompanying statement. The form shall be
dated and shall bear the date 14 days later, computed as provided in
subsection (7) of this section, by 5 p.m. on which date the form must be
returned to the Secretary of the Senate or the Chief Clerk of the House
of Representatives, respectively, or the person designated to serve in
that capacity in order to be counted in determining whether the minimum
requisite number of signatures requesting a special session has been
obtained. The form sent to the members shall be sent by certified mail,
addressee only, return receipt requested.
(4) The return of the signed form by a member to the Secretary of
the Senate or the Chief Clerk of the House of Representatives or person
designated to serve in that capacity constitutes an irrevocable request
for or refusal of the special session requested by the members filing
under subsection (2) of this section and described in the form.
(5) The Secretary of the Senate and the Chief Clerk of the House of
Representatives, respectively, or the person designated to serve in that
capacity shall verify the signatures in the return form and tally the
requests and refusals, note the date and time of the receipt of each
returned form. When each receives the requisite minimum number of signed
forms agreeing to the special session from members of the house of which
the person is an officer, each immediately shall notify the presiding
officer of each house.
(6) Upon receiving notice from the Secretary of the Senate and the
Chief Clerk of the House of Representatives or the person designated to
serve in that capacity that the minimum requisite number of signed
requests for a special session has been received and verified for both
houses, the presiding officers jointly shall convene the Legislative
Assembly into emergency session by joint proclamation, fixing the date
thereof. The date must be within five days after receipt by the presiding
officers of the notice from the Secretary of the Senate and Chief Clerk
of the House of Representatives. The original of the proclamations shall
be filed with the Secretary of State.
(7) The period of time for purposes of subsection (3) of this
section shall be computed by excluding the first day and including the
last day unless the last day falls on any legal holiday or on Saturday,
in which case the last day is also excluded. The period of time for
purposes of subsection (6) of this section shall be computed by beginning
on the day after which the presiding officers receive the notice
described in subsection (6) of this section and ending five days later,
regardless of legal holidays or Saturdays. [1977 c.689 §1](Effective Date) Except as
otherwise provided in the Act, an Act of the Legislative Assembly takes
effect on January 1 of the year after passage of the Act. [1999 c.1012 §1](Resignation) Any person who receives a
certificate of election as a member of the Legislative Assembly is at
liberty to resign the office, though the person may not have entered upon
the execution of its duties or taken the requisite oath of office. [1981
c.517 §1](Vacancies) (1) When any
vacancy occurs in the Legislative Assembly due to death or recall or by
reason of resignation filed in writing with the Secretary of State or a
person is declared disqualified by the house to which the person was
elected, the vacancy shall be filled by appointment if:
(a) The vacancy occurs during any session of the Legislative
Assembly;
(b) The vacancy occurs in the office of a state Representative
before the 61st day before the general election to be held during that
term of office;
(c) The vacancy occurs in the office of a state Senator before the
61st day before the first general election to be held during that term of
office;
(d) The vacancy occurs in the office of a state Senator at any time
after the 62nd day before the first general election and before the 61st
day before the second general election to be held during that term of
office; or
(e) A special session of the Legislative Assembly will be convened
before a successor to the office can be elected and qualified.
(2) The person appointed under the provisions of subsection (1) of
this section shall be a citizen qualified to hold the office, an elector
of the affected legislative district and a member of the same political
party for at least 180 days before the date on which the vacancy
occurred. The political affiliation of a person appointed under
subsection (1) of this section shall be determined under ORS 236.100. The
appointment shall be made by the county courts or boards of county
commissioners of the affected counties pursuant to ORS 171.060 to
171.064. When the provisions of ORS 171.060 (1) are applicable, the
appointment shall be made from a list of not fewer than three nor more
than five nominees who have signed written statements indicating that
they are willing to serve furnished by the Secretary of State. If fewer
than three names of nominees are furnished, a list shall not be
considered to have been submitted and the county courts or boards of
county commissioners shall fill the vacancy. The vacancy must be filled
by appointment within 30 days after its occurrence or not later than the
time set for the convening of the special session described in subsection
(1)(e) of this section when that is the basis for filling the vacancy.
(3) If the appointing authority required by this section to fill
the vacancy does not do so within the time allowed, the Governor shall
fill the vacancy by appointment within 10 days.
(4) Notwithstanding any appointment under the provisions of
subsection (1)(c) of this section, when a vacancy occurs in the office of
a state Senator before the 61st day before the first general election to
be held during that term of office, the remaining two years of the term
of office shall be filled by the electors of the affected legislative
district at the first general election.
(5) Candidates for the remaining two years of the term of office of
a state Senator under subsection (4) of this section shall be nominated
as provided in ORS chapter 249 except as follows:
(a) A major political party, minor political party, assembly of
electors or individual electors may select a nominee for any vacancy
occurring before the 61st day before the first general election; and
(b) The Secretary of State shall accept certificates of nomination
and notifications of nominees selected by party rule and filed with the
secretary pursuant to a schedule for filing set by the Secretary of State
but in any case not later than the 62nd day before the first general
election.
(6) The remaining two years of the term of office of a state
Senator under subsection (4) of this section will commence on the second
Monday in January following the general election. Any appointment under
the provisions of subsection (1)(c) of this section shall expire when a
successor to the office is elected and qualified. [1981 c.517 §3 (enacted
in lieu of 171.050); 1985 c.771 §1; 1987 c.380 §1; 1989 c.207 §1; 1995
c.607 §59] (1) When any
vacancy as is mentioned in ORS 171.051 exists in the office of Senator or
Representative affiliated with a major political party and that vacancy
is to be filled by an appointing authority as provided in ORS 171.051,
the Secretary of State forthwith shall notify the person designated by
the party to receive such notice. The party shall pursuant to party rule
nominate not fewer than three nor more than five qualified persons to
fill the vacancy. The nominating procedure shall reflect the principle of
one-person, one-vote to accord voting weight in proportion to the number
of party members represented. At the request of a party making a
nomination, the county clerks of each county constituting the district in
which the vacancy exists shall assist the party in determining the number
of electors registered as members of the party in the district. A person
shall not be nominated to fill the vacancy unless the person signs a
written statement indicating that the person is willing to serve in the
office of Senator or Representative. As soon as the nominees have been
appointed, but no later than 20 days after the vacancy occurs, the party
shall notify the Secretary of State of the persons nominated. The
notification shall be accompanied by the signed written statement of each
nominee indicating that the nominee is willing to serve in the office of
Senator or Representative. The Secretary of State shall notify the county
courts or boards of county commissioners of the counties constituting the
district in which the vacancy exists of the nominees and of the number of
votes apportioned to each member of the county courts or boards of county
commissioners under ORS 171.062 and 171.064. The Secretary of State shall
set a time for the meeting of the county courts or boards of county
commissioners in order to fill the vacancy and by rule shall establish
procedures for the conduct of the meeting. If the district is composed of
more than one county, the Secretary of State shall name a temporary
chairperson and designate a meeting place within the district where the
county courts or boards of county commissioners shall convene for the
purpose of filling the vacancy, pursuant to ORS 171.051 (2).
(2) When any vacancy as is mentioned in ORS 171.051 exists in the
office of Senator or Representative not affiliated with a major political
party and that vacancy is to be filled by an appointing authority as
provided in ORS 171.051, the Secretary of State forthwith shall notify
the county courts or boards of county commissioners of the counties
constituting the district in which the vacancy occurs of the vacancy and
of the number of votes apportioned to each member of the county courts or
boards of county commissioners under ORS 171.062 and 171.064. The
Secretary of State shall set a time for a meeting of the county courts or
boards of county commissioners and by rule shall establish procedures for
the conduct of the meeting. If the district is composed of more than one
county, the Secretary of State shall name a temporary chairperson and
designate a meeting place within the district where the county courts or
boards of county commissioners shall convene for the purpose of
appointing a person to fill the vacancy.
(3) A written statement signed by a majority of those qualified to
vote upon the filling of any vacancy naming the person selected to fill
the vacancy and directed to the Secretary of State is conclusive evidence
of the filling of the vacancy by the appointing authority named therein.
[Amended by 1955 c.211 §6; 1973 c.773 §2; 1975 c.779 §2; 1977 c.302 §1;
1985 c.771 §2; 1987 c.380 §2; 1989 c.207 §2; 1993 c.797 §17] (1)
When a legislative district in which a vacancy occurs encompasses two or
more counties, each county shall be entitled to one vote for each 1,000
of its electors or major fraction thereof residing within the legislative
district at the time the vacancy occurs. However, any county having
electors in the district shall be entitled to at least one vote.
(2) A major fraction of electors shall be a number greater than 500
but less than 1,000. [Formerly 248.175]The number of votes apportioned to each county
commissioner in filling a legislative vacancy shall be equal to the total
number allotted to the respective county of the county commissioner in
the manner set forth in ORS 171.062 divided by the total number of county
commissioners of the respective county. [Formerly 248.180] (1)
For purposes of ORS 171.060, 171.062 and 171.064, the county court or the
board of county commissioners which shall fill the vacancy in the
Legislative Assembly in a district created by reapportionment shall be
the county court or board of county commissioners of each county any part
of which is in the district that is created by the reapportionment and
includes the residence from which the former Senator or Representative
was elected.
(2) Each person nominated by a major political party to fill a
vacancy in the Legislative Assembly occurring as described by ORS 171.051
in a district created by reapportionment must be registered to vote in
the district from which the former Senator or Representative was elected
and must have been a member of the same major political party at least
180 days before the date the vacancy to be filled occurred.
(3) This section shall apply only to a vacancy in the Legislative
Assembly occurring after the primary election next following
reapportionment and before a person has been elected and qualified to
fill the vacancy. [1983 c.25 §1; 1985 c.771 §3; 1987 c.267 §62; 1987
c.380 §3; 1993 c.797 §18; 1995 c.712 §81](Salaries and Expenses)(1) A
member of the Legislative Assembly shall receive for services an annual
salary of the greater of:
(a) One step below the maximum of Salary Range 1 in the Management
Service Compensation Plan in the executive department as defined in ORS
174.112; or
(b) Seventeen percent of the salary of a Circuit Court Judge.
(2) The President of the Senate and the Speaker of the House of
Representatives each shall receive for services, as additional salary, an
amount equal to the sum allowed each of them as a member under subsection
(1) of this section.
(3) A member of the Legislative Assembly shall receive, as an
allowance for expenses not otherwise provided for, a per diem determined
as provided in subsection (9) of this section for each day within the
period that the Legislative Assembly is in session, to be paid with the
salary provided for in subsection (1) of this section. Pursuant to
procedures determined by the Legislative Administration Committee, a
member may draw from an accrued allowance.
(4) A member of the Legislative Assembly shall receive, as an
allowance for expenses incurred in the performance of official duties
during periods when the legislature is not in session, $400 for each
calendar month or part of a calendar month during those periods, to be
paid monthly, and subject to approval of the President of the Senate or
Speaker of the House of Representatives, mileage expenses and a per diem
determined as provided in subsection (9) of this section for each day a
member is engaged in the business of legislative interim and statutory
committees, including advisory committees and subcommittees of advisory
committees, and task forces and for each day a member serves on
interstate bodies, advisory committees and other entities on which the
member serves ex officio, whether or not the entity is a legislative one.
(5) In addition to the mileage and per diem expense payments
provided by this section, a member of the Legislative Assembly may
receive reimbursement for actual and necessary expenses, subject to
approval by the President of the Senate or Speaker of the House of
Representatives, for legislative business outside of the state.
(6) The President of the Senate and Speaker of the House of
Representatives may delegate to the chairpersons of interim and statutory
committees and task forces the approval authority granted to them by
subsection (4) of this section, with respect to expenses incurred in
attending any meeting of a particular committee or task force.
(7) Amounts received under subsections (3) to (5) of this section
are excluded from gross income and expenditures of the amounts are
excluded in computing deductions for purposes of ORS chapter 316. If
there is attached to the personal income return a schedule of all
ordinary and necessary business expenses paid during the tax year as a
member of the Legislative Assembly, a deduction may be claimed on the
return for legislative expenses paid in excess of the amounts received
under subsections (3) to (5) of this section. Expenses of members of the
Legislative Assembly that are reimbursed by the state for actual expenses
for meals and lodging associated with state travel for the same period
during which a legislator receives per diem is subject to state income
tax.
(8) For periods when the Legislative Assembly is not in session,
the Legislative Administration Committee shall provide for a telephone
and an expense allowance for members of the Legislative Assembly that is
in addition to the amount allowed under subsection (4) of this section.
In determining the amount of allowance for members, the committee shall
consider the geographic area of the member’s district. The additional
allowance shall reflect travel expenses necessary to communicate in
districts of varying sizes.
(9) The per diem allowance referred to in subsections (3) and (4)
of this section shall be the amount fixed for per diem allowance that is
authorized by the United States Internal Revenue Service to be excluded
from gross income without itemization. [1963 c.1 §1; 1967 c.66 §1; 1967
c.246 §1; 1971 c.465 §1; 1973 c.250 §1; 1975 c.530 §1; 1977 c.896 §1;
1979 c.557 §1; 1979 c.635 §7; 1981 c.517 §13; 1985 c.782 §3; 1987 c.879
§1; 1989 c.977 §7; 1995 c.658 §86; 1999 c.181 §1; 2003 c.516 §§1,2] It is the policy of the
Legislative Assembly that all use of state provided phones by members or
by legislative staff at the members’ direction, including phones assigned
either at the member’s residence or at the Capitol, shall be considered
to be used on state business for purposes of the Legislative Assembly.
[1987 c.879 §25](Funds) (1) When requested in writing by
the Legislative Administrator, the Oregon Department of Administrative
Services shall draw a warrant in favor of the Legislative Assembly for
use as a revolving fund. Warrants drawn to establish or increase the
revolving fund, rather than to reimburse it, may not exceed the aggregate
sum of $3,000. The State Treasurer shall hold the revolving fund in
special account against which the Legislative Assembly may draw checks.
(2) All claims for reimbursement of advances paid from the
revolving fund are subject to approval by the Legislative Administrator.
When such claims have been approved, a warrant covering them shall be
drawn in favor of the Legislative Assembly, charged against the
appropriate funds and accounts, and used to reimburse the revolving fund.
[1987 c.867 §3] There is established for the
Legislative Assembly a Lounge Revolving Account. The Legislative
Administration Committee may pay for the costs of food served in the
members’ lounges from the Lounge 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 or by
payroll deductions from members. The moneys in the Lounge Revolving
Account are appropriated continuously for the purposes of this section.
[1995 c.408 §7; reenacted by 1997 c.688 §7](Employment Rights)(1) It is the purpose and intent of the Legislative Assembly
in enacting this section and ORS 171.122 and 171.125 that, subject to the
conditions set forth in these sections, any member of the Legislative
Assembly whose employment is interrupted because of attendance at regular
or special sessions of the Legislative Assembly or the performance of
official duties as a member of the Legislative Assembly shall be restored
to the employment status the member would have enjoyed if the member had
continued in employment during any such attendance or performance of
duties.
(2) As a part of the public policy to encourage public service, an
employer may not discharge or threaten to discharge, intimidate or coerce
any employee by reason of the employee’s service or scheduled service as
a member or prospective member of the Legislative Assembly.
(3) The member or prospective member may not be subject to
discipline or harassment or placed at any employment disadvantage as a
consequence of the leave of absence. It is an unlawful employment
practice under ORS chapter 659A for a member or prospective member to be
subject to discipline or harassment or placed at any employment
disadvantage as a consequence of any leave of absence related to regular
or special session attendance or duties. A member or prospective member
may file a complaint with the Commissioner of the Bureau of Labor and
Industries under ORS 659A.820, or a civil action under ORS 659A.885,
alleging violation of this subsection. [1957 c.549 §1; 1989 c.1066 §2;
1991 c.454 §1; 2001 c.621 §69; 2005 c.199 §2]Note: Section 4, chapter 199, Oregon Laws 2005, provides:
Sec. 4. The amendments to ORS 171.120, 659A.315 and 659A.885 by
sections 1, 2 and 3 of this 2005 Act apply only to conduct giving rise to
a cause of action under ORS 659A.885 that occurs on or after the
effective date of this 2005 Act [January 1, 2006]. [2005 c.199 §4](1) Any member or
prospective member of the Legislative Assembly who leaves regular
employment in order to attend upon any regular or special session of the
Legislative Assembly or to perform official duties as a member or
prospective member of the Legislative Assembly for which the member or
prospective member may receive a per diem under ORS 171.072 or may
receive reimbursements for out-of-state travel, shall be granted a leave
of absence from such regular employment position for such period of time
as is reasonably necessary to permit such attendance or performance of
duties.
(2) A member or prospective member of the Legislative Assembly
shall give notice to the employer when the leave of absence described in
subsection (1) of this section is anticipated or is to be taken:
(a) At least 30 days before a regular session; and
(b) As soon as it is reasonably apparent that a special or
emergency session is to be called.
(3) The regular employment position of a member or prospective
member on leave of absence under this section shall only be deemed vacant
for the period of such leave of absence, and the member or prospective
member shall not be subject to removal or discharge from such position as
a consequence of such leave of absence.
(4) Upon the termination of the leave of absence of the member or
prospective member under this section, a member or prospective member
shall be restored to the regular employment position the member or
prospective member held immediately prior to the first day of the leave
of absence if such position still exists, or, if such position does not
still exist, to as similar a position as possible, without loss of
seniority, the right to participate in insurance or any other employment
benefits, other than wages for services not rendered during the leave of
absence, as a consequence of the leave of absence of the member or
prospective member. Such seniority, right to participate in insurance or
other employment benefits shall continue to accumulate during the leave
of absence as though the member or prospective member had continued in
employment continuously in the regular employment position the member or
prospective member held immediately prior to the first day of the leave
of absence of the member or prospective member.
(5) This section is not applicable if:
(a) The member or prospective member was employed by the employer
for a period of less than 90 days immediately prior to the first day of
the leave of absence.
(b) The circumstances of the employer have so changed during the
leave of absence of the member or prospective member as to make
restoration of the member or prospective member to employment impossible
or unreasonable.
(c) The member or prospective member fails to apply for restoration
to employment within:
(A) Fifteen days after adjournment sine die of the Legislative
Assembly following a regular session; or
(B) If the leave was for a lesser period for another legislative
assignment, five days after the assignment is completed.
(d) The regular employment position of the member or prospective
member immediately prior to the first day of the leave of absence or the
character, terms, conditions or activities of such position are
incompatible under the Constitution and laws of this state with the
office of member of the Legislative Assembly.
(e) Employment is on a temporary basis.
(f) The employer employs fewer than 10 persons immediately prior to
the first day of the leave of absence.
(6) As used in this section, “prospective member” means a person
who is certified or appointed to serve in the Legislative Assembly but
who has not taken the oath of office. [1957 c.549 §2; 1989 c.1066 §1;
1991 c.454 §2](1) If any employer fails to comply with the provisions of ORS
171.120 and 171.122, the circuit court for any county in which such
employer maintains a place of business has jurisdiction, upon the filing
of a petition by the Attorney General on behalf of the person entitled to
such benefits by reason of noncompliance of the employer, specifically to
require the employer to comply with the provisions of ORS 171.120 and
171.122.
(2) If any employer fails to comply with ORS 171.120 and 171.122,
the member or prospective member may bring an action under ORS chapter
659A employing counsel of the member’s or prospective member’s own
choosing. [1957 c.549 §3; 1989 c.1066 §3; 1991 c.454 §3; 2001 c.621 §70](Measure Filing)(1) Each
proposed legislative measure shall at the time of submission for filing
bear the name of any state or other public agency or representative
thereof, any private organization or representative thereof, or any
person other than a member of the Legislative Assembly at whose specific
formal request the measure is being introduced. As used in this
subsection, “formal request” means the presentation, submission or
providing of a drafted measure to a member or committee of the
Legislative Assembly.
(2) Each proposed legislative measure shall bear a statement signed
by the chief sponsor thereof, stating that all agencies, organizations
and persons that have formally requested the measure are named thereon.
[1975 c.783 §§1,2; 1981 c.517 §14; 1999 c.1074 §6](1) At any time in advance of any regular or special
session of the Legislative Assembly fixed by the Legislative Counsel
Committee, or at any time in advance of a special session as may be fixed
by joint rules of both houses of the Legislative Assembly, the following
may file a proposed legislative measure with the Legislative Counsel:
(a) Members who will serve in the session and members-elect.
(b) Interim and statutory committees of the Legislative Assembly.
(2) On or before December 15 of the year preceding a regular
legislative session, or at any time in advance of a special session as
may be fixed by joint rules of both houses of the Legislative Assembly,
the following may file a proposed legislative measure with the
Legislative Counsel:
(a) The Oregon Department of Administrative Services, to implement
the fiscal recommendations of the Governor contained in the budget report
of the Governor.
(b) The person who will serve as Governor during the session.
(c) The Secretary of State, the State Treasurer, the Attorney
General, the Commissioner of the Bureau of Labor and Industries and the
Superintendent of Public Instruction.
(d) The Judicial Department.
(3) Notwithstanding subsection (2) of this section, a statewide
elected official who initially assumes office in January of an
odd-numbered year may submit proposed measures for introduction by
members or committees of the Legislative Assembly until the calendar day
designated by rules of either house of the Legislative Assembly. The
exemption granted by this subsection to a newly elected Governor does not
apply to state agencies in the executive branch.
(4) On or before December 15 of the year preceding a regular
legislative session, a state agency may file a proposed legislative
measure with the Legislative Counsel through a member or committee of the
Legislative Assembly.
(5) The Legislative Counsel shall order each measure filed pursuant
to subsections (1) to (4) of this section prepared for printing and may
order the measure printed. If the person filing a measure specifically
requests in writing that the measure be made available for distribution,
the Legislative Counsel shall order the measure printed and shall make
copies of the printed measure available for distribution before the
beginning of the session to members and members-elect and to others upon
request.
(6) Copies of all measures filed and prepared for printing or
printed pursuant to this section shall be forwarded by the Legislative
Counsel to the chief clerk of the house designated by the person filing
the measure for introduction.
(7) The costs of carrying out this section shall be paid out of the
money appropriated for the expenses of that session of the Legislative
Assembly for which the measure is to be printed.
(8) The Legislative Counsel Committee may adopt rules or policies
to accomplish the purpose of this section.
(9) This section does not affect any law or any rule of the
Legislative Assembly or either house thereof relating to the introduction
of legislative measures. [1961 c.167 §17; 1969 c.374 §1; 1971 c.638 §1;
1981 c.517 §15; 1999 c.1074 §1; 2001 c.45 §1] (1)
A state agency shall not cause a bill or measure to be introduced before
the Legislative Assembly if the bill or measure has not been approved by
the Governor.
(2) As used in ORS 171.130 and this section, “state agency” means
every state agency whose costs are paid wholly or in part from funds held
in the State Treasury, except:
(a) The Legislative Assembly, the courts and their officers and
committees;
(b) The Public Defense Services Commission; and
(c) The Secretary of State, the State Treasurer, the Attorney
General, the Commissioner of the Bureau of Labor and Industries and the
Superintendent of Public Instruction. [1979 c.237 §3; 1999 c.1074 §5;
2003 c.449 §25](Readability) Any
measure digest or measure summary prepared by the Legislative Assembly
shall be written in a manner that results in a score of at least 60 on
the Flesch readability test or meets an equivalent standard of a
comparable test. [1979 c.270 §1](Supplies) (1) The Legislative Administrator,
subject to the policies of the Legislative Administration Committee and
the rules of each house, shall furnish necessary office supplies,
equipment and stationery for the use of all members, officers and
employees of the Legislative Assembly, taking their receipt therefor. It
is the duty of such members, officers and employees to return to the
Legislative Administrator any unused stationery or supplies and all
equipment at the close of each session of the Legislative Assembly unless
otherwise directed by the Legislative Administrator. The Legislative
Administrator is authorized to charge the cost of any unreturned
nonconsumable supplies or equipment against the final payroll check of
the member, officer or employee responsible therefor.
(2) Unless otherwise directed by joint resolution, the Legislative
Administrator shall cause to be forwarded to each member of the
Legislative Assembly all materials furnished to them by statute, rule or
resolution that do not remain the property of the state and that are left
by the member with the Legislative Administrator to be so forwarded at
the close of each regular or special session of the Legislative Assembly.
The member shall designate the address to which the materials are to be
forwarded.
(3) The expenses incurred in carrying out the provisions of this
section shall be paid out of the appropriation for the expenses of that
session of the Legislative Assembly for which the services were performed
or the supplies provided. [1981 c.517 §5 (enacted in lieu of 171.135 and
171.140)]ELECTION DATES The Legislative
Assembly finds that to limit the number of days on which elections are
held in this state would consolidate separate single purpose elections,
reduce the cost of elections and local government, and increase
participation in the electoral process. It, therefore, finds that the
number of election days in this state is a matter of statewide concern.
[1979 c.316 §1](1) Except as provided in subsection (2) of this section, an
election called by the Legislative Assembly shall be held only on:
(a) The second Tuesday in March;
(b) The third Tuesday in May;
(c) The third Tuesday in September; or
(d) The first Tuesday after the first Monday in November.
(2) An election may be held on a date other than that provided in
subsection (1) of this section, if the Legislative Assembly by resolution
or Act finds that an election sooner than the next available election
date is required on a measure to finance repairs to property damaged by
fire, vandalism or a natural disaster. [1979 c.316 §2; 1981 c.639 §1;
1987 c.267 §63; 1989 c.923 §3; 1991 c.71 §1; 1993 c.713 §50; 1995 c.712
§112]PUBLICATIONS As used in ORS
171.206, “publications” does not include materials published under ORS
171.236 or 171.275, but does include:
(1) Bills, resolutions and memorials and amendments thereto.
(2) Reports of statutory, standing, special or interim legislative
committees.
(3) Periodic legislative calendars and periodic journals, if any of
these are published.
(4) Other documents or papers which the Legislative Assembly, or
either house thereof, orders printed. [1961 c.167 §18; 1965 c.424 §4](1) Except as provided in ORS 171.236 and 171.275,
all publications printed for either house of the Legislative Assembly and
their committees, including joint committees created by law, rule or
joint resolution, shall be published and distributed by the Legislative
Administrator, subject to the rules of each house and under the direction
of the Legislative Administration Committee.
(2) Unless otherwise directed by joint resolution and except as
otherwise provided by law, the Legislative Administrator may cause to be
distributed the publications of the Legislative Assembly among such state
officers, departments and agencies, public officers and state
institutions of higher learning as the Legislative Administration
Committee determines necessary for their requirements. Each house shall
receive from the Legislative Administrator such number of publications as
it deems necessary.
(3) The Legislative Administrator shall make public documents
available to the State Librarian for distribution to depository libraries
as required by ORS 357.090.
(4) Unless otherwise directed by joint resolution, the Legislative
Administration Committee shall determine the form, number and
distribution of and charges for, if any, the materials referred to in
subsection (1) of this section. In determining charges, the committee
shall take into account the cost of publishing and distributing copies
other than those it distributes under subsections (2) and (3) of this
section.
(5) All moneys received under subsection (4) of this section are
continuously appropriated to the Legislative Administration Committee for
its actual costs incurred in publishing and distributing the copies for
which it charges a fee.
(6) The Legislative Administration Committee may order the
disposition of legislative publications that in its judgment are no
longer of value to the state. [1981 c.517 §7 (enacted in lieu of 171.205,
171.211, 171.215 and 171.625); 1991 c.842 §6; 2005 c.33 §7; 2005 c.755 §1](1) The Legislative Counsel, under
the direction of the Legislative Counsel Committee, shall publish and
distribute the laws enacted by the Legislative Assembly.
(2) The Legislative Counsel Committee shall determine the form,
number and distribution of and charges for, if any, the publications
referred to in subsection (1) of this section and may perform other
functions necessary for the publication and distribution thereof.
(3) The Legislative Counsel shall provide sufficient copies of the
publications prepared under this section to the Legislative Administrator
for distribution in accordance with ORS 171.206 (2).
(4) The Legislative Counsel Committee may order the disposition of
any publications referred to in this section which in its judgment are no
longer of value to the state. [1981 c.517 §9 (enacted in lieu of 171.225
and 171.235)] (1) There is established
in the General Fund an account to be known as the Legislative
Publications Account. All moneys collected or received under ORS 171.236
shall be paid into the account. All moneys in the account are
appropriated continuously for and shall be used for the purposes
described in ORS 171.236.
(2) Disbursements of moneys from the Legislative Publications
Account shall be approved by either of the presiding officers of the
Legislative Assembly; but the presiding officers may jointly designate an
individual to approve disbursements from the account. A statement
designating the individual, together with a sample of the individual’s
signature, shall be filed as provided in ORS 293.335. [1965 c.424 §3;
1969 c.174 §2; 1981 c.517 §16; 1999 c.117 §9] The laws
enacted by the Legislative Assembly and by the people, when published in
accordance with the provisions of ORS 171.236, shall be received in all
courts of this state as an authorized publication of the laws of Oregon
published therein. [1965 c.424 §2; 1981 c.517 §17]Except as otherwise provided by or pursuant
to law, the copies of the legislative materials referred to in ORS
171.236 furnished free of charge to the public officers of this state
pursuant to law are public property and shall be delivered over by them
to their successors in office. [Amended by 1969 c.174 §3; 1981 c.517 §18]OREGON REVISED STATUTES (1)
Each biennium, the Legislative Counsel, under the direction of the
Legislative Counsel Committee, shall publish and distribute the Oregon
Revised Statutes, including an index and annotations.
(2) The Legislative Counsel Committee shall establish policies for
the revision, clarification, classification, arrangement, codification,
annotation, indexing, printing, binding, publication, copyrighting, sale
and distribution of the publications referred to in subsection (1) of
this section.
(3) The Legislative Counsel Committee shall establish the charges
necessary to recover the costs of publishing the materials sold and
distributed under this section. [1981 c.517 §11 (enacted in lieu of
173.150); 2003 c.207 §1] (1) When any edition of
the statutes, or part or supplement designed to replace parts of or to
supplement a previous edition and to bring such edition up to date, is
published by the Legislative Counsel Committee, the Legislative Counsel
shall cause to be printed in the edition, part or supplement a
certificate that the Legislative Counsel has compared each section in
such edition, part or supplement with the original section in the
enrolled bill or, if the enrolled bill is stored in a computer or similar
device, with any printout or other output readable by sight, shown to
reflect the enrolled bill accurately, and that, with the exception of the
changes in form permitted by ORS 173.160 and other changes specifically
authorized by law, the sections in the published edition, part or
supplement are correctly copied.
(2) Any edition, part or supplement certified as provided in
subsection (1) of this section shall constitute prima facie evidence of
the law in all courts and proceedings, and any section in such edition,
part or supplement may be amended or repealed by amending or repealing
such section of the edition, part or supplement without reference to the
legislative Act from which it was derived. No compilation of the statute
laws of Oregon not bearing such certificate, or a similar certificate of
the Reviser of Statutes, shall be admissible as evidence of the law in
(1) In any contract for
the printing of the Oregon Revised Statutes, the Legislative Counsel
Committee may provide for preservation or purchase, on behalf of the
state, of the medium from which the statutes were printed.
(2) The committee may permit the use of the medium or material
printed from the medium for the production of pamphlets of particular
portions of the statutes requested by any public agency, under the terms
(1) The proceeds from the sale of an
edition or publication made pursuant to ORS 171.275 shall be deposited in
the State Treasury to the credit of a revolving account for the use of
the Legislative Counsel Committee in publishing and distributing future
editions or publications. The account, to be known as the ORS Revolving
Account, is continuously appropriated to the committee for this purpose.
(2) There shall also be deposited to the credit of the ORS
Revolving Account any moneys received through the sale of a medium of
publication belonging to the Legislative Counsel Committee or any moneys
received by the committee in connection with the use of a medium, or
material printed with a medium pursuant to ORS 171.295.
(3) The Legislative Counsel Committee, from time to time, may cause
to be transferred from the ORS Revolving Account to the General Fund the
moneys that the committee considers unnecessary for use in publishing and
distributing future editions or publications.
(4) Any unexpended and unobligated balance in the ORS Revolving
Account in excess of $400,000 as of July 1 of any odd-numbered year, as
certified by the Legislative Counsel, shall be transferred from the
account to the General Fund to be available for general governmental
expenditures. [Formerly 173.250; 1983 c.178 §4; 1991 c.579 §1; 2003 c.207
§3] (1) The Legislative Counsel shall
provide one set of Oregon Revised Statutes, including an index and
annotations:
(a) For each member of the Legislative Assembly.
(b) For each judgeship, the salary of which is paid by the state.
(2)(a) The costs of providing sets to members of the Legislative
Assembly shall be paid from the appropriations made for the payment of
the expenses of the Legislative Assembly. The Legislative Counsel shall
provide the sets to the Legislative Administrator.
(b) The costs of providing sets pursuant to subsection (1)(b) of
this section shall be paid from the state appropriations made for the
payment of the expenses of the various judgeships. [Formerly 173.152;
2003 c.207 §4](1) Upon request of any
person, the Secretary of State may certify under the seal of the State of
Oregon:
(a) A copy of any statute of this state published in the Oregon
Revised Statutes.
(b) A copy of any rule contained in the Oregon Rules of Civil
Procedure and published in the Oregon Revised Statutes.
(2) The certification of the Secretary of State shall state that
the statute or rule was published in the Oregon Revised Statutes and
shall specify the edition of the Oregon Revised Statutes in which the
statute or rule appeared.
(3) The Secretary of State may charge a fee for the cost of
reproducing and certifying a copy of a statute or rule requested under
this section. [1983 c.245 §1]RECORDS The
Legislative Administration Committee shall cause the original enrolled
laws and joint resolutions passed at each session of the Legislative
Assembly to be bound in a volume in a substantial manner in the order in
which they are approved. The Legislative Administration Committee is not
required to keep any further record of the official acts of the
Legislative Assembly, so far as relates to Acts and joint resolutions.
[Formerly 171.220; 1971 c.638 §3](1) Sound recordings, produced on
equipment selected by the Legislative Administration Committee for
compatibility with equipment for reproduction by the State Archives,
shall be made of every meeting of the Legislative Assembly and of every
hearing and meeting of every standing, special and interim committee of
the Legislative Assembly, or subcommittee thereof.
(2) The sound recordings required under subsection (1) of this
section are part of the legislative records of the Legislative Assembly
or committee and shall be subject to the provisions of ORS 171.410 to
171.430.
(3) Except as provided in ORS 171.425, the State Archivist shall
not loan any sound recording required under subsection (1) of this
section, but may arrange to have such recordings copied in an appropriate
manner and may make a reasonable charge therefor. [1973 c.555 §1] As
used in ORS 171.410 to 171.430, unless the context requires otherwise,
“legislative record” means a measure or amendment thereto, a document,
book, paper, photograph, sound recording or other material exclusive of
personal correspondence, regardless of physical form or characteristics,
made by the Legislative Assembly, a committee or employee thereof, in
connection with the exercise of legislative or investigatory functions,
but does not include the record of an official act of the Legislative
Assembly kept by the Secretary of State under section 2, Article VI of
the Oregon Constitution. [1961 c.150 §1; 1981 c.517 §19](1) Except as provided in subsections (2) and (3) of this
section, a committee or employee of the Legislative Assembly having
possession of legislative records that are not required for the regular
performance of official duties shall, within 10 days after the
adjournment sine die of a regular or special session, deliver all such
legislative records to the Legislative Administration Committee.
(2) The chairperson, member or employee of a legislative interim
committee responsible for maintaining the legislative records of that
committee shall, within 10 days after the committee ceases to function or
before January 1 next preceding the beginning of a regular biennial
session of the Legislative Assembly, whichever is earlier, deliver all
such legislative records to the Legislative Administration Committee.
(3) This section does not apply to the records of the Emergency
Board, the Legislative Administration Committee, the Legislative Counsel
Committee or the Joint Committee on Ways and Means. [1961 c.150 §2; 1969
c.620 §10; 1973 c.555 §4; 1981 c.517 §20]The Legislative Administrator shall classify and arrange the
legislative records delivered to the Legislative Administrator pursuant
to ORS 171.415, in a manner that the Legislative Administrator considers
best suited to carry out the efficient and economical utilization,
maintenance, preservation and disposition of the records. The State
Archivist shall assist the Legislative Administrator in the performance
of this work. The Legislative Administrator shall deliver to the State
Archivist all legislative records in the possession of the Legislative
Administrator when such records have been classified and arranged. The
State Archivist shall thereafter be official custodian of the records so
delivered. [1961 c.150 §3; 1969 c.620 §11] The State
Archivist shall allow the Legislative Fiscal Officer, the Legislative
Administrator, the Legislative Counsel, or the Legislative Revenue
Officer to borrow and temporarily have possession of such legislative
records as such officer requests. [1961 c.150 §4; 1969 c.620 §12; 1975
c.789 §6]The Legislative Administration Committee and State Archivist
shall establish and from time to time may revise a schedule that shall
govern the retention and destruction or other disposition of legislative
records delivered to and in the custody of the archivist under ORS
171.420 or 171.430 and of sound recordings retained by a committee under
ORS 171.430 (2). The schedule agreed upon by the committee and archivist
shall be set forth in the rules and regulations issued by the archivist.
[1973 c.555 §3](1) Except for legislative records borrowed under ORS 171.425
and except as provided in subsection (2) of this section, the Emergency
Board, the Legislative Administration Committee, the Legislative Counsel
Committee or the Joint Committee on Ways and Means may cause any
legislative records in its possession to be destroyed or otherwise
disposed of, if such legislative records are considered by such committee
to be of no value to the state or the public and are no longer necessary
under or pursuant to any statute requiring their creation or maintenance
or affecting their use. However, such committee shall prior to
destruction or disposal notify the State Archivist and transfer to the
official custody of the State Archivist any such legislative records that
are requisitioned by the State Archivist, except those designated as
confidential by statute or by rule or resolution of the Legislative
Assembly or of such committee.
(2) The Emergency Board, the Legislative Administration Committee,
the Legislative Counsel Committee and the Joint Committee on Ways and
Means shall cause sound recordings of its hearings or meetings to be
retained, or if not retained, to be delivered to the State Archivist. The
archivist shall be official custodian of the sound recordings so
delivered. [1961 c.150 §6; 1969 c.620 §13; 1973 c.555 §5]INVESTIGATIONS OF LEGISLATOR AND LEGISLATOR-ELECTIn enacting ORS 171.455 to 171.465, it
is the intention of the Legislative Assembly to support the privilege of
free suffrage and to protect the integrity of the election process
against improper conduct:
(1) By establishing a procedure to examine complaints about
election conduct of members or members-elect of the Legislative Assembly;
and
(2) By assisting the Legislative Assembly in carrying out its
constitutional duties to judge of the election, qualifications and
returns of its own members. [1985 c.693 §1] (1) Within 30 days after a
general election, any elector may file a complaint with the Secretary of
State alleging a criminal violation of any election law by a member or
member-elect of the Legislative Assembly.
(2) The complaint shall be specific in its allegations. If the
complaint pertains to campaign publications or material, a copy of the
material shall be filed with the complaint. If the charge is incapable of
such documentation, the affidavits of at least two persons who witnessed
the conduct that is subject of the complaint shall be attached. Each
affidavit shall contain the name and address of the affiant and a
detailed statement describing the conduct that is the subject of the
complaint. [1985 c.693 §2](1) Upon receipt of the complaint, the Secretary of State shall
conduct an investigation to determine whether there is probable cause to
believe that the alleged violation occurred, and that it was both
deliberate and capable of having some possible effect upon the election.
(2) Upon a finding of probable cause, the Secretary of State shall
report the finding to the Legislative Assembly that will convene on the
second Monday in January by delivery to the Secretary of the Senate or
Chief Clerk of the House of Representatives, as appropriate, at least
five days prior to the convening of the regular session.
(3) The findings under this section are a public record available
for public inspection.
(4) Action under this section is in addition to and not in lieu of
action under ORS 260.345. [1985 c.693 §3] The presiding
officer of each house of the Legislative Assembly shall appoint a
credentials committee. The credentials committee shall review the finding
of any report of the Secretary of State submitted under this section and
ORS 171.450 to 171.460, hear additional evidence if it so chooses, and
make recommendations to the appropriate legislative body. [1985 c.693 §4]WITNESSES IN LEGISLATIVE PROCEEDINGS The President of the
Senate, the Speaker of the House of Representatives, the chairperson or
vice chairperson of any statutory, standing, special or interim committee
of either house of the Legislative Assembly, or the chairperson or vice
chairperson of a statutory, standing, special or interim joint committee
of the two houses, may administer oaths to witnesses in any proceedings
under their examination. [Formerly 171.075](1) The President of the Senate, the Speaker of the
House of Representatives, or the chairperson or vice chairperson of any
of the legislative committees referred to in ORS 171.505 upon a majority
vote of any such committee, may issue any processes necessary to compel
the attendance of witnesses and the production of any books, papers,
records or documents as may be required.
(2) Process may be served by a sergeant-at-arms of either house
when the Legislative Assembly is in session or by a person authorized to
serve summons and in the manner prescribed for the service of a summons
upon a defendant in a civil action in a circuit court. The process shall
be returned to the authority issuing it within 10 days after its delivery
to the person for service, with proof of service as for summons or that
the person cannot be found. When served outside of the county in which
the process originated, the process may be returned by mail. The person
to whom the process is delivered shall indorse thereon the date of
delivery. [Formerly 171.076; 1973 c.827 §21; 1977 c.877 §16; 1979 c.284
§117](1) Witnesses appearing under process issued pursuant to ORS
171.510:
(a) Before the Senate or House of Representatives, or a standing,
special or statutory committee of either or both, or a subcommittee
thereof, except as provided in paragraph (b) of this subsection, shall be
reimbursed from funds appropriated for the expenses of that session of
the Legislative Assembly during which the witnesses appear.
(b) Before the Legislative Counsel Committee, the Emergency Board,
the Joint Committee on Ways and Means or an interim committee, or a
subcommittee thereof, shall be reimbursed from funds appropriated for the
expenses of the committee or subcommittee before which the witnesses
appear.
(2) The amount of reimbursement payable to a witness under
subsection (1) of this section shall not exceed the fees and mileage
provided for witnesses in ORS 44.415 (2). All claims for reimbursement
are subject to the approval of the Legislative Fiscal Officer. [1961
c.167 §11; 1981 c.892 §91a; 1989 c.980 §9] (1) Whenever a person
summoned as provided in ORS 171.510 fails to appear to testify or fails
to produce any books, papers, records or documents as required, or
whenever any person so summoned refuses to answer any question pertinent
to the subject under inquiry before either house or any of the committees
referred to in ORS 171.505, the fact of such failure may be reported to
either house while in session.
(2) If the Legislative Assembly is not in session, a statement of
facts constituting such failure may be filed with the President of the
Senate or the Speaker of the House of Representatives. The President of
the Senate or the Speaker of the House of Representatives, as the case
may be, shall certify the statement of facts to the district attorney for
the county in which the offense occurred, who shall take appropriate
action. [Formerly 171.077](1) Whenever a person summoned as provided in ORS 171.510 fails
to appear to testify or fails to produce any books, papers, records or
documents as required, or whenever any person so summoned refuses to
answer any question pertinent to the subject under inquiry before either
house, any statutory committee, any standing committee of either house,
or any special or interim committee created by both houses, the house or
committee, in lieu of proceeding under ORS 171.520, may apply to the
circuit court for the county in which the failure occurred for an order
to the person to attend and testify, or otherwise to comply with the
demand or request of the house or committee.
(2) The application to the court shall be by ex parte motion upon
which the court shall make an order requiring the person against whom it
is directed to comply with the demand or request of the house or
committee within three days after service of the order, or within such
further time as the court may grant, or to justify the failure within
that time.
(3) The order shall be served upon the person to whom it is
directed in the manner required by this state for service of process,
which service is required to confer jurisdiction upon the court. Failure
to obey an order issued by the court under this section is contempt of
court.
(4) This section does not affect the exercise of the powers of
either house under section 16, Article IV, Oregon Constitution. [1965
c.294 §1] Any
testimony given by a witness before any legislative committee shall not
be used against the witness in any criminal action or proceeding, nor
shall any criminal action or proceeding be brought against such witness
on account of any testimony so given by the witness, except for perjury
committed before such committee. [Formerly 171.078] (1) The
privilege of a witness who appears voluntarily or under subpoena before a
committee of the Legislative Assembly in a matter within the jurisdiction
of the committee is the same as that of a witness in judicial
proceedings. A statement made by the witness before a legislative
committee which is pertinent to the matter before the legislative
committee is privileged and the witness shall not be subject to an action
for civil damages as a result thereof unless the witness knowingly makes
a false and immaterial statement for the purpose of defaming another.
(2) As used in this section, “legislative committee” means a
statutory, standing, special or interim committee of either or both
houses, including a legislative task force, established by rule of either
or both houses, by resolution or by law and whether or not all members of
the legislative committee are also members of the Legislative Assembly.
[1987 c.797 §1]WATER POLICY COMMITTEE As used in ORS
171.540 to 171.550, unless the context requires otherwise, “committee”
means the Joint Legislative Committee on Water Policy. [1983 c.796 §5] (1) The Joint
Legislative Committee on Water Policy is established as a committee of
the Legislative Assembly.
(2) The Joint Legislative Committee on Water Policy shall consist
of five members of the House appointed by the Speaker of the House of
Representatives and five members of the Senate appointed by the President
of the Senate. No more than four of the House members, nor more than four
of the Senate members, shall be of the same political party. If the
Speaker or the President is a member, either from time to time may
designate an alternate from among the members of the appropriate body to
exercise powers as a member of the committee, except that the alternate
shall not preside if the Speaker or the President is a chairperson.
(3) A committee shall be appointed within 30 days after the
convening of the Legislative Assembly in regular session. Vacancies
occurring in the membership of the committee shall be filled by the
appointing authority. If a vacancy occurs in the membership of the
committee during the interim, the vacant position shall not be counted
for the purpose of determining a quorum until the vacancy is filled.
(4) Any action of the committee must be approved by an affirmative
vote of a majority of the members of the committee.
(5) The committee shall have 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. During the sessions of the Legislative Assembly, the committee
may conduct its business as a joint committee or as separate water
committees for the Senate and the House of Representatives, as determined
by the President of the Senate and the Speaker of the House of
Representatives.
(6) Each presiding officer shall designate a chairperson who shall
serve as cochairperson and who shall perform such duties as the members
require including the approval of voucher claims. [1983 c.796 §6; 1989
c.180 §1] The Joint Legislative Committee on
Water Policy shall:
(1) Review the progress of the department and the commission in
carrying out the provisions of ORS 536.235.
(2) Review and make recommendations to the Legislative Assembly on
rules and policies adopted by the department and the commission.
(3) Study and make recommendations to the Legislative Assembly on
the following:
(a) The implementation of a process for long range policy planning,
conservation, development and management of the state’s water resource;
(b) The establishment of a database for use by all state agencies
and local governments for water resources planning purposes;
(c) Water conservation measures including, but not limited to,
incentive programs and best available agriculture, forestry, fisheries,
municipal and industrial technologies;
(d) Methods to provide funding for water resource planning;
(e) Methods for increasing the quantity and quality of water for
in-stream uses while maintaining and increasing quantities available for
consumptive uses;
(f) Methods for insuring the orderly development of hydroelectric
resources, including but not limited to a process of classifying stream
segments as to their suitability for hydroelectric development;
(g) The extent of ground water decline within the state, its long
term effects on agriculture and other development, approaches for abating
the declines and practices that affect ground water recharge; and
(h) Any other matter relating to water resources in Oregon. [1983
c.796 §7] The Water Resources Director and the
chairperson of the Water Resources Commission shall report periodically
to the Joint Legislative Committee on Water Policy on the progress
achieved in carrying out responsibilities under ORS 536.235 and on any
other matters requested by the committee. The report shall be made in a
form and manner as the committee may prescribe. [1983 c.796 §8]COMMITTEE ON OREGON PLAN (1) There is
hereby created a bipartisan joint legislative committee for the
consideration of issues related to the Oregon Plan, as described in ORS
541.405, and of other issues related to water quality, stream restoration
and species recovery generally. The joint legislative committee shall
consist of members of the House of Representatives appointed by the
Speaker of the House of Representatives, one of whom the Speaker shall
designate as cochair, and members of the Senate appointed by the
President of the Senate, one of whom the President shall designate as
cochair.
(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 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) Members of the committee shall receive an amount equal to that
authorized under ORS 171.072 from funds appropriated to the Legislative
Assembly for each day spent in the performance of their duties as members
of the committee, or any subcommittee thereof, in lieu of reimbursement
for in-state travel expenses. However, when engaged in out-of-state
travel, members shall be entitled to receive their actual and necessary
expenses therefor in lieu of the amount authorized by this subsection.
Payment shall be made from funds appropriated to the Legislative Assembly.
(5) Action of the committee shall be taken only upon the
affirmative vote of the majority of members of the committee.
(6) Existing legislative staff shall furnish to the committee such
services of personnel and such other facilities as are necessary to
enable the committee to carry out its functions as provided by law. [1997
c.7 §2; 1999 c.270 §1] The joint legislative committee
created pursuant to ORS 171.551:
(1) Shall be responsible for oversight and coordination of Oregon
Plan activities and other stream restoration and species recovery
activities;
(2) Shall be responsible for any additional coordination, oversight
or advisory duties related to the management of natural resources in
Oregon, as the President of the Senate and the Speaker of the House of
Representatives may assign; and
(3) May:
(a) Receive informational reports from the Healthy Streams
Partnership established under ORS 541.407, from the Independent
Multidisciplinary Science Team created under ORS 541.409 and from other
sources and, on the basis of the informational reports, recommend changes
to the statewide stream and fish and wildlife species enhancement efforts
undertaken to prevent a species listing as threatened or endangered, or
to restore a species that is listed.
(b) Review the activities of the individuals and state and federal
agencies implementing the Oregon Plan and other programs related to
species enhancement, protection and restoration of wildlife habitat, and
improvement of the health of Oregon’s streams.
(c) Review requests for and make recommendations to the Joint
Legislative Committee on Ways and Means or, during the interim between
legislative sessions, to the Emergency Board, regarding grant proposals
and other requests for funds submitted by the Oregon Watershed
Enhancement Board or other state agencies responsible for implementing
the Oregon Plan or other species enhancement, protection and restoration
of wildlife habitat, or stream enhancement projects.
(d) Review any memorandum of understanding or intergovernmental
agreement between a state agency and any other local, state or federal
agency to implement all or any portion of a program described in ORS
541.405.
(e) Review rules proposed for adoption by an agency to implement
the programs described in ORS 541.405.
(f) Review the effectiveness of existing projects and programs.
(g) Review research projects related to all factors that influence
the health of Oregon’s streams.
(h) Recommend implementation principles, priorities and guidance
for the programs described in ORS 541.405. [1997 c.7 §3; 1999 c.270 §2;
1999 c.1026 §24; 2005 c.22 §118]WAYS AND MEANS COMMITTEES The President of the Senate,
upon election as President, shall appoint a committee of ways and means
consisting of eight members. The Speaker of the House of Representatives,
upon election as Speaker, shall appoint a committee of ways and means
consisting of eight members. At least two of the members appointed from
each house shall have had previous experience on the committee of ways
and means. If the Speaker of the House of Representatives or the
President of the Senate is a member, either may designate from time to
time an alternate from among the members of the respective house to
exercise powers as a member of the committee except that the alternate
shall not preside if the Speaker or President is chairperson. As soon as
practicable after their appointment, the committees shall meet jointly,
the chairpersons of the respective committees alternating as presiding
officers. The chairpersons of the joint committee are authorized to cause
to be investigated, either through the whole of the committee or by a
selected subcommittee, any complaints about the management or conduct of
any of the state institutions, departments, officers or activities for
the support of which state money has been appropriated, or for which
appropriations may hereafter be made. [Formerly 171.080; 1977 c.891 §1;
1981 c.2 §1]STATE BUDGET POLICY (1) The Legislative Assembly finds
that there is a need for a comprehensive, specific budget format
available to all members of the Legislative Assembly so that:
(a) Effective policy decisions can be made;
(b) Line items in agency budgets can be identified by program
function;
(c) Decisions to increase or decrease agency budgets can be made
with knowledge as to policy and programmatic impact; and
(d) A more objective comparison can be made to the Governor’s
budget.
(2) The Legislative Assembly also finds that the goal of the
legislative budgeting process is to afford members a thorough
understanding of:
(a) The policies of state government regarding the definition and
delivery of state services;
(b) What program functions are necessary to state operations and
the cost of these functions; and
(c) The means whereby these policies and programs are administered.
(3) The goal of the Legislative Assembly is to decide, as a body,
which policies and programs are necessary to discharge its public
responsibilities. Consequently, the Legislative Assembly finds that there
is a need to examine the legislative budgeting process so that:
(a) Policy decisions are made by the Legislative Assembly as a
whole;
(b) Program functions are more closely identified with line items
in agency budgets;
(c) Funding options and priorities are defined in terms of
policies; and
(d) Legislative budgeting identifies programs which are necessary
in terms of policies and state responsibilities, as opposed to the need
to maintain existing program activities. [1989 c.652 §1] The
Joint Legislative Committee on Ways and Means shall examine budgets based
upon policy where budget policies affect more than one agency pursuant to
the policies stated in ORS 171.557. [1989 c.652 §2]SENATE CONFIRMATION OF EXECUTIVE APPOINTMENTS The Senate by rule adopted
during a session or at a convening of the Senate to carry out its duties
under section 4, Article III of the Oregon Constitution, shall specify
its procedures for the confirming of appointments by the Governor that
are by law subject to confirmation by the Senate. [1981 c.4 §1; enacted
in lieu of 171.560]
(1) In case of any executive appointment made subject to confirmation of
the Senate, the affirmative vote of a majority of the members of the
Senate shall be necessary for confirmation. If an appointment is not
confirmed by the Senate, the Governor shall make another appointment,
subject to confirmation by the Senate.
(2) The name of the individual to be appointed or reappointed shall
be submitted to the Senate by the Governor. The Senate shall take up the
question of confirmation as soon after the convening of a regular or
special session as is appropriate or upon a convening of the Senate to
carry out its duties under section 4, Article III of the Oregon
Constitution. The question of confirmation may be referred to committee
or it may be acted upon without such referral.
(3) Members of the Senate convened to carry out duties of the
Senate under section 4, Article III of the Oregon Constitution, shall be
considered in attendance at a meeting of an interim committee during the
period of convening for purposes of ORS 171.072.
(4) If the name of an individual to be appointed or reappointed
submitted by the Governor is not acted upon during the term of the
Legislative Assembly to which it is submitted, the name may be
resubmitted to the subsequent term by the Governor on or after the date
the Legislative Assembly convenes in the subsequent regular session.
[1981 c.4 §2; enacted in lieu of 171.570; 1985 c.35 §1]COMPENSATION AND CLASSIFICATION SYSTEM OVERSIGHTThe Legislative Assembly shall provide continuing oversight, by
committee, task force or other appropriate means, to insure that
compensation and classification in the state service meet the
requirements of ORS 240.190 and other applicable provisions of state law.
Members performing the oversight function shall review the proposed
changes to classification and compensation plans and their implementation
as necessary to determine the progress within each branch of government
in achieving policies stated in ORS 240.190 and other applicable
provisions of state law. The oversight function shall include
recommending appropriate actions to remedy any inequities in the plan.
[1989 c.975 §1]AUDIT COMMITTEE (1) There is created a
Joint Legislative Audit Committee consisting of the chair of the House
Ways and Means Committee, the chair of the Senate Ways and Means
Committee, four members of the House of Representatives appointed by the
Speaker and four members of the Senate appointed by the President.
(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 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 considered 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) Members of the committee shall receive an amount equal to that
authorized under ORS 171.072 from funds appropriated to the Legislative
Assembly for each day spent in the performance of their duties as members
of the committee or any subcommittee thereof in lieu of reimbursement for
in-state travel expenses. However, when engaged in out-of-state travel,
members shall be entitled to receive their actual and necessary expenses
therefor in lieu of the amount authorized by this subsection. Payment
shall be made from funds appropriated to the Legislative Assembly.
(5) Action of the committee shall be taken only upon the
affirmative vote of the majority of members of the committee.
(6) The Legislative Fiscal Office shall furnish to the committee
such services of personnel and such other facilities as are necessary to
enable the committee to carry out its functions as directed by law, with
such assistance as the Division of Audits and Oregon Department of
Administrative Services can provide. [1989 c.128 §1; 1997 c.331 §1; 1999
c.59 §34; 1999 c.567 §1] The Joint Legislative Audit Committee
shall:
(1) Review all audits and make recommendations for change or
remediation by the agency or other organization under review to the
Emergency Board, the Joint Ways and Means Committee and other persons
receiving the audit report under ORS 192.245.
(2) Accept requests for performance and program audits from
individual legislators, legislative committees, the Division of Audits,
the Budget and Management Division and the Legislative Fiscal Office.
(3) In conjunction with the Director of the Division of Audits, set
priorities on the basis of risk assessment for performance and program
audits and program evaluations.
(4) With the advice and assistance of the Legislative Fiscal
Officer, the Administrator of the Budget and Management Division and the
Director of the Division of Audits, determine the type of audit,
evaluation or review utilizing criteria to include but not be limited to
the nature and scope of the task, the time frame involved, necessary
professional guidelines, economy, efficiency, cost and cost
responsibility.
(5) Not later than 12 months after the issuance of an audit report,
review the actions of an agency or other government organization for
compliance with the recommendations of the audit report.
(6) Assign tasks to the Legislative Fiscal Office, the Budget and
Management Division, the Division of Audits or a special task force.
(7) Review state agency performance measures and make
recommendations for change. [1989 c.128 §2; 1997 c.847 §3; 2005 c.837 §19] (1) In carrying out specific
program evaluations and reviews, the Legislative Fiscal Office may
utilize the services of the Division of Audits, the Budget and Management
Division, other statutory agencies of the Legislative Assembly and staff
of the substantive committees as necessary. The Division of Audits shall
undertake a performance audit at the direction of the Joint Legislative
Audit Committee and report to the committee.
(2) The Emergency Board shall make funds available to the Division
of Audits to reimburse it for expenses incurred under this section for a
performance audit. [1989 c.128 §3]TRANSPORTATION COMMITTEE (1) The
Legislative Committee on Transportation is established as a joint
committee of the Legislative Assembly.
(2) The committee shall consist of five members of the House of
Representatives appointed by the Speaker of the House of Representatives
and five members of the Senate appointed by the President of the Senate.
If possible, at least one of the members appointed by each appointing
authority shall have served on the committee in the preceding interim
between legislative sessions.
(3) The appointing authorities shall appoint members of a new
committee within 30 days after the convening of the Legislative Assembly
in regular session.
(4) If the Speaker of the House of Representatives or the President
of the Senate is a member of the committee, either may designate an
alternate from among the members of the respective house from time to
time to exercise powers as a member of the committee when the Speaker or
the President is not in attendance at a meeting of the committee. The
alternate shall not preside if the Speaker or President is a
cochairperson of the committee.
(5) 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.
(6) 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. During
the sessions of the Legislative Assembly, the committee shall conduct its
business as a joint committee.
(7) Each appointing authority shall designate a cochairperson for
the committee. The cochairpersons shall preside alternately over meetings
of the committee when the committee meets as a joint committee.
(8) The committee may appoint advisory committees or subcommittees,
which may include individuals other than members of the Legislative
Assembly. A member of an advisory committee or subcommittee appointed
under this subsection who is not a member of the Legislative Assembly
shall be compensated and reimbursed in the manner provided in ORS 292.495.
(9) The Legislative Administration Committee shall provide staff
necessary to the performance of the functions of the Legislative
Committee on Transportation. The committee shall use the services of
permanent legislative staff to the greatest extent practicable. [1999
c.1039 §1] The Legislative Committee on
Transportation may:
(1) Review policies, laws and regulations related to
administration, operation, planning, design, construction and maintenance
of highways.
(2) Review policies, laws and regulations related to motor vehicles
and other modes of transportation.
(3) Study any other issue or policy related to transportation as
authorized by the Speaker of the House of Representatives or the
President of the Senate.
(4) Make recommendations to the Legislative Assembly on any subject
the committee is authorized to review or study. [1999 c.1039 §2]INTERIM COMMITTEES (1) The powers
described in ORS 171.605 to 171.635 are supplementary and in addition to
those otherwise possessed by interim committees and their members. ORS
171.605 to 171.635 are not intended to limit the powers that would be
possessed by interim committees and their members had ORS 171.605 to
171.635 not been enacted.
(2) The Legislative Assembly intends that no provision of any joint
resolution creating an interim committee be construed to supersede any
provision of ORS 171.610 to 171.620, whether by implication or otherwise,
unless the joint resolution specifically provides that its provision
supersedes as to the particular interim committee that it creates. [1961
c.167 §1] The Legislative Assembly may by joint
resolutions create interim committees to:
(1) Make studies of and inquiries into any subject of assistance to
the Legislative Assembly, or either house thereof, in exercising its
legislative authority.
(2) Report information of assistance to the Legislative Assembly,
or either house thereof, in exercising its legislative authority.
(3) Prepare and submit recommendations, which may include proposed
legislative measures, to the Legislative Assembly. [1961 c.167 §2] An interim committee may function during the
period beginning at the adjournment sine die of that session of the
Legislative Assembly during which it was created, and ending at the
convening of the next regular biennial legislative session. [1961 c.167
§4] Unless otherwise specifically provided by law or by
the joint resolution creating it, and in addition to any other powers it
possesses, an interim committee may:
(1) Perform such acts as the committee finds necessary to carry out
its powers and the purposes expressed in the joint resolution creating it.
(2) Select its officers and adopt such rules for its organization
and proceedings as the committee considers convenient to exercise its
powers and accomplish its purposes.
(3) Hold meetings at such times and places, whether within or
without this state, as the committee considers expedient.
(4) Use advisory committees or subcommittees, the members to be
appointed by the chairperson of the interim committee subject to approval
by a majority of the members of the interim committee. The advisory
committees or subcommittees may include individuals other than members of
the Legislative Assembly.
(5) Reimburse members of advisory committees or subcommittees who
are not members of the Legislative Assembly for their actual and
necessary travel and other expenses incurred in the performance of their
duties. [1961 c.167 §5; 1975 c.530 §2]
(1) In case of a vacancy among the membership of an interim committee,
the authority who appointed a member to the position vacant may appoint a
member to fill the vacancy.
(2) For the purposes of this section, a member of an interim
committee appointed in the capacity of the member as a member of the
Legislative Assembly ceases to be a member of the interim committee:
(a) If the member ceases to be a member of the Legislative Assembly.
(b) If the member is presiding officer of either house of the
Legislative Assembly and the member, as presiding officer, serves as
Governor during the Governor’s temporary inability to discharge the
duties of the office of the Governor.
(3) A presiding officer of either house of the Legislative Assembly
who is a member of an interim committee may, except when serving as
Governor, from time to time designate an alternate from among the members
of the house of the presiding officer to exercise the powers of the
presiding officer as a member of the committee. [1961 c.167 §7; 2001 c.31
§1] Provision may be made, in
the joint resolution creating an interim committee, for the appointment
to the committee of individuals other than members of the Legislative
Assembly. [1961 c.167 §3](1) As used in this section:
(a) “Appointing authority” means the President of the Senate or the
Speaker of the House of Representatives, subject to the rules of the
respective bodies over which each presides.
(b) “Interim committee” includes any committee of three or more
members of the Legislative Assembly appointed pursuant to the provisions
of this section to pursue the functions described in ORS 171.610, whether
the appointing authority designates the committee an interim committee,
task force, special committee or any other term customarily used in
describing legislative committees functioning during the interim period.
(2) Upon or during the interim following adjournment of a regular
session of the Legislative Assembly, the appointing authorities may
appoint interim committees of members of the house over which the
particular authority presides, or members of both houses, and may assign
the general topic of study or concern to the committee.
(3) The appointing authorities may appoint members of the public to
an interim committee. The appointing authorities must consult with each
other before appointing members of the public to a joint interim
committee. The appointing authority may appoint the chairperson of an
interim committee. An appointing authority must notify the Legislative
Administration Committee in writing of the appointment and membership of
all interim committees created.
(4) An interim committee created under authority of this section is
subject to the provisions of ORS 171.605 to 171.635 and has the authority
contained in ORS 171.505 and 171.510. An interim committee created under
authority of this section may file its written report at any time within
30 days after its final meeting, or at such later time as the appointing
authority or, in the case of a joint committee, as the appointing
authorities may designate.
(5) An appointing authority may employ the persons that the
appointing authority considers necessary to perform the function of the
interim committees created under authority of this section. The
appointing authority shall fix the duties and amounts of compensation of
employees. Interim committees shall use the services of permanent
legislative staff to the greatest extent practical.
(6) Members of the Legislative Assembly are entitled to an
allowance as authorized by law for each day that they are engaged in
interim committee business that is approved by the appointing authority.
Claims for expenses incurred in performing functions of an interim
committee shall be paid out of funds appropriated for the expenses of the
Legislative Assembly. [1987 c.879 §24; 2003 c.207 §5]INTERIM AUTHORITY FOR STAFF AND DISBURSEMENTS The President of the
Senate and the Speaker of the House of Representatives each may appoint
an interim staff to assist the President or Speaker during the period
between sessions of the Legislative Assembly. Each presiding officer
shall fix the compensation and prescribe the duties of the interim staff
of the presiding officer. Expenses incurred for each interim staff
appointed under this section shall be paid from amounts appropriated by
law out of the General Fund for payment of the expenses of the
Legislative Assembly. [1969 c.236 §2]
Subject to any other grant of or limitation on authority to authorize the
incurring of and approve disbursements for indebtedness or expenses of
the Legislative Assembly to be paid from amounts appropriated by law out
of the General Fund for that purpose, which may be adopted by joint
resolution of both houses, such authority is vested as follows:
(1) For general expenses of the Legislative Assembly not
specifically attributable to either house, in the Legislative
Administration Committee.
(2) For expenses specifically attributable to either house, in the
President of the Senate or the Speaker of the House of Representatives,
as the case may be. [1975 c.530 §8]LOBBYING REGULATION As used in ORS
171.725 to 171.785, unless the context requires otherwise:
(1) “Compensation” has the meaning given that term in ORS 292.951.
(2) “Consideration” includes a gift, payment, distribution, loan,
advance or deposit of money or anything of value, and includes a
contract, promise or agreement, whether or not legally enforceable.
(3) “Executive agency” means a commission, board, agency or other
body in the executive branch of state government that is not part of the
legislative or judicial branch.
(4) “Executive official” means any member or member-elect of an
executive agency and any member of the staff or an employee of an
executive agency. A member of a state board or commission, other than a
member who is employed in full-time public service, is not an executive
official for purposes of ORS 171.725 to 171.785.
(5) “Judge” means an active judge serving on the Oregon Supreme
Court, Court of Appeals, Oregon Tax Court, or an Oregon circuit court.
(6) “Legislative action” means introduction, sponsorship,
testimony, debate, voting or any other official action on any measure,
resolution, amendment, nomination, appointment, or report, or any matter
that may be the subject of action by either house of the Legislative
Assembly, or any committee of the Legislative Assembly, or the approval
or veto thereof by the Governor.
(7) “Legislative official” means any member or member-elect of the
Legislative Assembly, any member of an agency, board or committee that is
part of the legislative branch, and any staff person, assistant or
employee thereof.
(8) “Lobbying” means influencing, or attempting to influence,
legislative action through oral or written communication with legislative
officials, solicitation of others to influence or attempt to influence
legislative action or attempting to obtain the good will of legislative
officials.
(9) “Lobbyist” means:
(a) Any individual who agrees to provide personal services for
money or any other consideration for the purpose of lobbying.
(b) Any person not otherwise subject to paragraph (a) of this
subsection who provides personal services as a representative of a
corporation, association, organization or other group, for the purpose of
lobbying.
(c) Any public official who lobbies.
(10) “Public agency” means a commission, board, agency or other
governmental body.
(11) “Public official” means any member or member-elect of any
public agency and any member of the staff or an employee of the public
agency. [1973 c.802 §2; 1975 c.747 §1; 1977 c.588 §1; 1987 c.566 §1; 1991
c.378 §1; 2001 c.751 §1] The Legislative Assembly finds
that, to preserve and maintain the integrity of the legislative process,
persons who engage in efforts to persuade members of the Legislative
Assembly or the executive branch to take specific actions, either by
direct communication with members or employees of the Legislative
Assembly or the executive branch or by solicitation of others to engage
in those efforts, should regularly report their efforts to the public.
[1973 c.802 §1; 2001 c.751 §2]
ORS 171.740 and 171.745 do not apply to the following persons:
(1) News media, or their employees or agents, that in the ordinary
course of business directly or indirectly urge legislative action but
that engage in no other activities in connection with the legislative
action.
(2) Any legislative official acting in an official capacity.
(3) Any individual who receives no compensation or reimbursement of
expenses for lobbying, who limits lobbying activities solely to formal
appearances to give testimony before public sessions of committees of the
Legislative Assembly, or public hearings of state agencies, and who, when
testifying, registers an appearance in the records of the committees or
agencies.
(4) A person who spends not more than 24 hours during any calendar
quarter lobbying and who does not spend an amount in excess of $100
lobbying during any calendar quarter.
(5) The Governor, Executive Assistant to the Governor, Legal
Counsel to the Governor, Secretary of State, Deputy Secretary of State
appointed pursuant to ORS 177.040, State Treasurer, Chief Deputy State
Treasurer appointed pursuant to ORS 178.060, Attorney General, Deputy
Attorney General appointed pursuant to ORS 180.130, Superintendent of
Public Instruction, Commissioner of the Bureau of Labor and Industries
and any judge. [1973 c.802 §3; 1974 c.72 §27; 1975 c.747 §2; 1977 c.588
§1a; 1979 c.666 §1; 1981 c.528 §1; 1987 c.566 §2; 1991 c.378 §2; 1993
c.714 §1; 2001 c.751 §3] (1)
Within three working days after exceeding the limit of time or
expenditure specified in ORS 171.735 (4), a lobbyist shall register with
the Oregon Government Standards and Practices Commission by filing with
the commission a statement containing the following information:
(a) The name, address and telephone number of the lobbyist.
(b) The name, address and telephone number of each person that
employs the lobbyist or in whose interest the lobbyist appears or works.
(c) A general description of the trade, business, profession or
area of endeavor of any person designated under paragraph (b) of this
subsection, and a statement by the person that the lobbyist is officially
authorized to lobby for the person.
(d) The name of any member of the Legislative Assembly employed,
retained or otherwise compensated by:
(A) The lobbyist designated under paragraph (a) of this subsection;
or
(B) A person designated under paragraph (b) of this subsection.
(e) The general subject or subjects of the legislative action of
interest to the person for whom the lobbyist is registered.
(2) The designation of official authorization to lobby shall be
signed by an official of each person that employs the lobbyist or in
whose interest the lobbyist appears or works.
(3) If a lobbyist appears for a person for whom the lobbyist has
not registered, the lobbyist shall register with the commission within
three working days of the lobbyist’s appearance.
(4) If any of the information submitted by a lobbyist in the
statement required under subsection (1) of this section changes, the
lobbyist shall revise the statement within 30 days of the change.
(5) A lobbyist registration expires December 31 of an odd-numbered
year. If a lobbyist renews the registration before March 31 of the
following even-numbered year, the commission shall consider the
registration to have been effective as of December 31 of the odd-numbered
year on which the registration expired.
(6) For the statement required by this section, an entity comprised
of more than one lobbyist may file one statement for the lobbyists that
comprise the entity. The statement the entity files must include the
names of the individuals authorized to lobby on behalf of the client
listed in the statement. [1973 c.802 §4; 1974 c.72 §28; 1975 c.747 §3;
1987 c.566 §3; 1993 c.714 §2; 2001 c.751 §4](1) A lobbyist registered with the Oregon Government Standards
and Practices Commission or required to register with the commission
shall, on January 31 and July 31, of each even-numbered year, and on
January 31, April 30 and July 31 of each odd-numbered year, file with the
commission a statement showing:
(a) The total amount of all moneys expended by the lobbyist for the
purpose of lobbying in the preceding reporting period for:
(A) Food, refreshments and entertainment;
(B) Printing, postage and telephone;
(C) Advertising, public relations, education and research; and
(D) Miscellaneous; and
(b) The name of any legislative or executive official to whom or
for whose benefit, on any one occasion, an expenditure in excess of $25
is made for the purposes of lobbying, and the date, name of payee,
purpose and amount of that expenditure.
(2) Beginning on July 1, 1979, the dollar amount specified in
subsection (1)(b) of this section shall be adjusted annually by the
commission based upon the change in the Portland Consumer Price Index for
All Urban Consumers for All Items as prepared by the Bureau of Labor
Statistics of the United States Department of Labor or its successor
during the preceding 12-month period. The amount determined under this
subsection shall be rounded to the nearest dollar.
(3) Statements required by this section need not include amounts
expended by the lobbyist for personal living and travel expenses and
office overhead, including salaries and wages paid for staff and
secretarial assistance, and maintenance expenses. If the amount of any
expenditure required to be included in a statement is not accurately
known at the time the statement is required to be filed, an estimate of
the expenditure shall be submitted in the statement and designated as an
estimate. The exact amount expended for which a previous estimate was
made shall be submitted in a subsequent report when the information is
available.
(4) Notwithstanding ORS 171.735, 171.740 and subsections (1) to (3)
of this section, a registered lobbyist, who engages in lobbying
activities without compensation on behalf of an organization is not
required to register as a lobbyist for the organization as long as the
lobbying activity does not exceed the financial or time limits set in ORS
171.735 (4).
(5) A statement required by this section shall include a copy of
any notice provided to a public official under ORS 244.100 (3).
(6) For each statement required by this section, an entity
comprised of more than one lobbyist may file one statement that reports
expenditures by the entity and not by individual lobbyists. [1973 c.802
§5; 1974 c.72 §29; 1975 c.747 §4; 1979 c.666 §2; 1987 c.158 §32; 1987
c.566 §4; 1991 c.354 §1; 1991 c.677 §2; 1993 c.743 §4; 2001 c.751 §5](1) Any person on whose behalf a lobbyist
was registered, or was required to register with the Oregon Government
Standards and Practices Commission at any time during the preceding
calendar year, shall file with the commission, by January 31st of each
year, a statement showing, for the preceding calendar year:
(a) The total amount of all moneys expended for lobbying activities
on the person’s behalf, excluding living and travel expenses incurred for
a lobbyist performing lobbying services.
(b) The name of any legislative or executive official to whom or
for whose benefit, on any one occasion, an expenditure in excess of $25
for the purpose of lobbying is made by the person, but not including
information previously reported in compliance with ORS 171.745, and the
date, name of payee, purpose and amount of that expenditure.
(2) Using July 1, 1979, as the base, the dollar amount specified in
subsection (1)(b) of this section shall be adjusted annually by the
commission based upon the change in the Portland Consumer Price Index for
All Urban Consumers for All Items as prepared by the Bureau of Labor
Statistics of the United States Department of Labor, or its successor,
during the preceding 12-month period. The amount determined under this
subsection shall be rounded to the nearest dollar.
(3) A statement required under subsection (1) of this section shall
include a copy of any notice provided to a public official under ORS
244.100 (3). [1973 c.802 §6; 1975 c.747 §5; 1979 c.666 §3; 1987 c.566 §5;
1991 c.677 §3; 2001 c.751 §6] (1) A lobbyist may not instigate the
introduction of any legislative action for the purpose of obtaining
employment to lobby in opposition to the legislative action.
(2) A lobbyist may not attempt to influence the vote of any member
of the Legislative Assembly by the promise of financial support of the
candidacy of the member, or by threat of financing opposition to the
candidacy of the member, at any future election.
(3) A person may not lobby or offer to lobby for consideration any
part of which is contingent upon the success of any lobbying activity.
(4) A legislative or executive official may not receive
consideration other than from the State of Oregon for acting as a
lobbyist in Oregon. [1973 c.802 §7; 1974 c.72 §30; 1975 c.747 §6; 1987
c.566 §6; 1989 c.340 §1; 1993 c.743 §5; 2001 c.751 §7] (1)
Each report, registration or statement required by ORS 171.725 to 171.785
shall contain or be verified by a written declaration that it is made
under the penalties of false swearing. Such declaration shall be in lieu
of any oath otherwise required.
(2) No person shall willfully make and subscribe any document which
contains or is verified by a written declaration for false swearing which
the person does not believe to be true and correct to every matter. [1973
c.802 §8; 1979 c.666 §4](1) No lobbyist or public official, as
defined in ORS 244.020, shall make any false statement or
misrepresentation to any legislative or executive official or, knowing a
document to contain a false statement, cause a copy of such document to
be received by a legislative or executive official without notifying such
official in writing of the truth as prescribed in subsection (2) of this
section.
(2) It is a defense to a charge of violation of subsection (1) of
this section if the person who made the false statement or
misrepresentation retracts the statement or misrepresentation and
notifies the official in writing of the truth:
(a) In a manner showing complete and voluntary retraction of the
prior false statement or misrepresentation; and
(b) Before the subject matter of the false statement or
misrepresentation is submitted to a vote of a legislative committee or
either house of the Legislative Assembly or is relied upon by an
executive official in an administrative hearing.
(3) As used in this section:
(a) “False statement or misrepresentation” means the intentional
misrepresentation or misstatement of a material fact.
(b) “Material” means that which may have affected the course or
outcome of any proceeding or transaction if known prior to the proceeding
or transaction. [1993 c.743 §6] All
information submitted to the Oregon Government Standards and Practices
Commission in any report, registration or statement required by ORS
171.725 to 171.785 is a public record. [1973 c.802 §9; 1983 c.740 §38]In carrying out the
provisions of ORS 171.725 to 171.785, the Oregon Government Standards and
Practices Commission shall:
(1) Prescribe forms for registrations, statements and reports
required to be filed by ORS 171.725 to 171.785, and provide such forms to
persons required to register and to file such statements and reports;
(2) Accept and file any information voluntarily supplied that
exceeds the requirements of ORS 171.725 to 171.785; and
(3) Make registrations, statements and reports filed available for
public inspection and copying during regular office hours, and make
copying facilities available at a charge not to exceed actual cost. [1973
c.802 §10; 1983 c.740 §39]
(1) In addition to the duties prescribed in ORS 171.772, the Oregon
Government Standards and Practices Commission may make inquiries or
investigations in the manner prescribed in ORS 171.778 with respect to
registrations, statements and reports filed under ORS 171.725 to 171.785,
and with respect to any alleged failure to register or to file any
statements or reports required under ORS 171.725 to 171.785, and upon
signed complaint by any individual or on its own instigation, with
respect to apparent violation of any part of ORS 171.725 to 171.785.
(2) Upon written request of any lobbyist, lobbyist employer or any
person, or upon its own motion, the commission, under signature of the
chairperson, may issue and publish opinions on the requirements of ORS
171.725 to 171.785, based on actual or hypothetical circumstances.
(3) If any lobbyist or lobbyist employer associated with the
lobbyist is in doubt whether a proposed transaction or action constitutes
a violation of ORS 171.725 to 171.785, the lobbyist or lobbyist employer
may request in writing a determination from the commission. The requester
shall supply such information as the commission requests to enable it to
issue the interpretation.
(4) A lobbyist or lobbyist employer associated with the lobbyist
shall not be liable under ORS 171.725 to 171.785 for any action or
transaction carried out in accordance with an advisory interpretation
issued under subsection (3) of this section. Such an advisory
interpretation shall be considered a formal opinion having precedential
effect and shall be subject to review by legal counsel to the commission
before the interpretation is sent to the requester. [1973 c.802 §11; 1983
c.740 §40; 1993 c.743 §7](1) Upon its own instigation or signed complaint of any person, the Oregon
Government Standards and Practices Commission may undertake action in the
Preliminary Review Phase with respect to any alleged violation of ORS
171.725 to 171.785. The person who is the subject of a complaint or of
the commission’s own action shall be notified immediately upon receipt of
the complaint or upon adoption of a motion by the commission to undertake
any action concerning the person. The notice shall be given by telephone
if the person can be reached and a notice shall also be mailed to the
person. The notice shall include the nature of the complaint or motion
and a copy of all materials submitted along with the complaint or
materials which give rise to the commission’s instigation of action on
its own motion. However, the person must also be notified in advance if
an issue that may give rise to a motion to undertake action on the
commission’s own instigation is to be discussed at a commission meeting.
Before investigating any complaint or undertaking an investigation on its
own instigation, the commission shall make a finding that there is cause
to undertake an investigation, notify the person who is the subject of
the investigation, identify the issues to be examined and shall confine
its investigation to those issues. If the commission finds reason to
expand its investigation, it shall move to do so and shall record in its
minutes the issues to be examined before expanding the scope of its
investigation and formally notify the complainant and the person who is
the subject of the complaint of the expansion and the scope thereof. If
the commission does not make a finding of cause, it shall dismiss the
complaint or rescind its motion and shall formally enter the dismissal or
rescission on its records. The commission shall notify the person of the
dismissal or rescission. After dismissal or rescission, the commission
shall take no further action involving the person unless a new and
different complaint is filed or action at its own instigation is
undertaken based on different conduct.
(2) The commission may:
(a) During the Preliminary Review Phase, seek, solicit or otherwise
obtain any books, papers, records, memoranda or other additional
information, administer oaths, and take depositions necessary to
determine whether there is cause; and
(b) During the Investigatory Phase, require any additional
information, administer oaths, take depositions and issue subpoenas to
compel attendance of witnesses and the production of books, papers,
records, memoranda or other information necessary to complete the
investigation. If any person fails to comply with any subpoena issued
under this section or refuses to testify on any matters on which the
person may be lawfully interrogated, the procedure provided in ORS
183.440 shall be followed to compel compliance.
(3) The person conducting any inquiry or investigation shall do so
in an impartial, objective manner. All favorable and unfavorable
information collected by the investigator shall be turned over to the
commission.
(4) The findings of the commission in any inquiry or investigation
shall be reported impartially, including both favorable and unfavorable
findings, and shall be made available to the person who is the subject
thereof and to any employer of the person.
(5) Hearings relating to any charge of alleged violation of ORS
171.725 to 171.785 must be held before an administrative law judge
assigned from the Office of Administrative Hearings established under ORS
183.605. The procedure shall be that for a contested case under ORS
chapter 183.
(6)(a) The period of time from the filing of a complaint or from
acting on the commission’s own instigation to the finding of cause or
dismissal of the complaint or rescission of the motion shall be termed
the Preliminary Review Phase and shall not exceed 90 days unless a delay
is stipulated to by both the subject person and the Oregon Government
Standards and Practices Commission, with the commission reserving a
portion of the delay period to complete its actions.
(b) The Preliminary Review Phase shall be confidential. Commission
members and staff may acknowledge receipt of a complaint but shall make
no public comment or publicly disclose any materials relating to a case
during the Preliminary Review Phase. A person who intentionally violates
this paragraph is subject to a civil penalty in an amount not to exceed
$1,000. Any person aggrieved as a result of a violation of this paragraph
by a member of the commission or its staff may file a petition in a court
of competent jurisdiction in the county in which the petitioner resides
in order to enforce the civil penalty provided in this paragraph.
(c) The commission’s deliberations of a case at the conclusion of
the Preliminary Review Phase shall be conducted in executive session. All
case related materials and proceedings shall be open to the public after
the commission makes a finding of cause, dismisses a complaint or
rescinds a motion. Prior to the end of the Preliminary Review Phase, the
executive director of the commission shall prepare a statement of the
facts determined during the phase, including appropriate legal citations
and relevant authorities. Before presentation to the commission, the
executive director’s statement shall be reviewed by legal counsel to the
commission.
(d) The time limit imposed in this subsection and the commission’s
inquiry are suspended if:
(A) There is a pending criminal investigation that relates to the
issues arising out of the underlying facts or conduct at issue in the
matter before the commission, unless the parties stipulate otherwise; or
(B) A court has enjoined the commission from continuing its inquiry.
(7)(a) The period of time from the finding of cause to the
beginning of any contested case proceedings shall be termed the
Investigatory Phase and shall not exceed 120 days unless a delay is
stipulated to by both the subject person and the Oregon Government
Standards and Practices Commission, with the commission reserving a
portion of the delay period to complete its actions.
(b) The time limit imposed in this subsection and the commission’s
investigation are suspended if:
(A) There is a pending criminal investigation that relates to the
issues arising out of the underlying facts or conduct at issue in the
matter before the commission, unless the parties stipulate otherwise; or
(B) A court has enjoined the commission from continuing its
investigation.
(c) At the end of the Investigatory Phase, the commission shall
take action by order, which action may include:
(A) Dismissal, with or without comment;
(B) Continuation of the investigation to determine further facts,
but no more than one continuation, not to exceed 30 days’ duration, shall
be taken;
(C) Moving to a contested case proceeding;
(D) Seeking a negotiated settlement; or
(E) Taking other appropriate action if justified by the findings.
(8) If, at the end of the Investigatory Phase, the commission takes
action by order to move to a contested case proceeding, a person may
notify the commission that the person elects to have the commission file
a lawsuit against the person in the Marion County Circuit Court in lieu
of the contested case proceeding. The court may impose the penalty
described in ORS 171.992. The person shall notify the commission of the
election in writing no later than 21 days after receiving notification of
the commission’s action by order to move to the contested case
proceeding. The commission shall file suit within 30 days after receiving
notice that the person has elected the lawsuit procedure.
(9) The commission shall not inquire into or investigate any
complaint or act at its own instigation on alleged conduct that occurred
more than four years before the complaint is filed or action is
undertaken.
(10) Nothing in this section is intended to prevent the commission
and the person alleged to have violated ORS 171.725 to 171.785 from
stipulating to a finding of fact concerning the violation and consenting
to an appropriate penalty. The commission shall enter an order
accordingly.
(11) As used in this section, “cause” and “pending” have the
meanings given those terms in ORS 244.260. [1993 c.743 §2; 1993 c.747 §1;
1999 c.849 §§48,49; 2003 c.75 §27](1) In addition to such penalties as
otherwise may be provided by law, a person is subject to such sanctions
as either house of the Legislative Assembly may prescribe if the person:
(a) Violates any provision of ORS 171.740 to 171.762; or
(b) Fails to file any report, registration or statement or to
furnish any information required by ORS 171.725 to 171.785 and 171.992.
(2) The sanctions referred to in subsection (1) of this section
shall be uniformly applied to all persons subject to ORS 171.725 to
171.785 and 171.992. [1973 c.802 §12]CONTACT WITH LEGISLATIVE ASSEMBLYNotwithstanding any provision of a city or
county charter or any ordinance or order adopted thereunder, a city or
county shall not:
(1) Prohibit an elected official, other officer or employee of the
city or county from initiating contacts with legislators or giving
testimony before public sessions of committees of the Legislative
Assembly or public hearings of state agencies when:
(a) The contacts are made or testimony given as a representative of
the city or county;
(b) The contacts are made or testimony given to represent the
interests of the city or county or the residents thereof;
(c) No substantial part of the duties performed by the official,
officer or employee consists of influencing or attempting to influence
matters which may be the subject of action by either house of the
Legislative Assembly or any of its committees;
(d) The official, officer or employee receives no consideration for
making the contacts or giving testimony other than the remuneration
ordinarily paid to the official, officer or employee out of the funds of
the city or county in return for duties performed for the city or county,
together with reimbursement for expenses actually and necessarily
incurred in appearing before the legislative committees or state
agencies; and
(e) The official, officer or employee is not required to register
with the Oregon Government Standards and Practices Commission under ORS
171.725 to 171.785 and the rules of the commission adopted thereunder.
(2) Prohibit an elected official, other officer or employee of the
city or county from initiating contacts with legislators when the
contacts are made to express personal political views and do not occur
during working hours while the official, officer or employee is on the
job.
(3) Prohibit an elected official, other officer or employee of the
city or county from responding to requests from legislators or committees
of the Legislative Assembly for information, data or opinions. [1985
c.788 §1] (1) The Legislative
Assembly finds and declares that it is now possible and feasible in this
electronic age to distribute information more widely by way of electronic
communication. The Legislative Assembly further finds that it is
desirable to make information available to the citizens of this state in
a timely manner and for the least possible cost. The use of electronic
communication will:
(a) Better inform the public of legislative proceedings and matters
pending before the Legislative Assembly;
(b) Allow broader participation among Oregonians in the legislative
process;
(c) Make information regarding legislative matters and proceedings
more readily available to the citizens of this state;
(d) Allow constituents to better communicate with their elected
representatives, irrespective of where they reside;
(e) Make administrative rules adopted or amended by state agencies
more readily available to the citizens of this state; and
(f) Provide the public with a better insight into the operations of
state government.
(2) This section and ORS 173.763, 173.766 and 183.365 may be cited
as the Oregon Public Access Act. [1995 c.614 §§1,2]TRADE AND ECONOMIC DEVELOPMENT COMMITTEE As used in ORS
171.800 to 171.845, unless the context requires otherwise, “committee”
means the Legislative Committee on Trade and Economic Development. [1973
c.700 §1; 1975 c.225 §7](1) The Legislative Committee on Trade
and Economic Development is established as a joint committee of the
Legislative Assembly.
(2) The Legislative Committee on Trade and Economic Development
shall consist of the Speaker of the House of Representatives, the
President of the Senate, six members of the House appointed by the
Speaker of the House of Representatives, at least one of whom shall have
served on the committee in the preceding interim between legislative
sessions, and five members of the Senate appointed by the President of
the Senate, at least one of whom shall have served on the committee in
the preceding interim between legislative sessions. The appointing
authorities shall appoint members of a new committee within 30 days after
the convening of the Legislative Assembly in regular session.
(3) The Speaker of the House of Representatives and the President
of the Senate may each designate an alternate from among the members of
the respective house from time to time to exercise powers as a member of
the committee when the Speaker or the President is not in attendance at a
meeting of the committee except that the alternate shall not preside if
the Speaker or President is chairperson.
(4) 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.
(5) 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.
(6) The cochairpersons, one from each house, shall preside
alternately during the regular session of the Legislative Assembly. The
chairperson and vice chairperson shall be alternated between the Senate
and the House of Representatives each interim.
(7) The committee may appoint advisory committees or subcommittees,
which may include individuals other than members of the Legislative
Assembly. 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.
(8) The President of the Senate and the Speaker of the House of
Representatives, jointly, shall appoint an executive officer who shall
serve at their pleasure. Subject to the approval of appointing
authorities, the executive officer may appoint such other staff as is
necessary to carry out the functions of the committee. [1973 c.700 §2;
1975 c.225 §8; 1975 c.530 §3a; 1977 c.891 §3; 1983 c.150 §1](1) Pursuant to policies established
by the Legislative Committee on Trade and Economic Development, the
executive officer of the committee:
(a) Shall obtain information and reports relating to international
trade and economic development when requested to do so by a member of the
Legislative Assembly.
(b) Shall give such consideration to and service concerning any
measure or matter before the Legislative Assembly as circumstances will
permit, and which is in any way requested by the House of Representatives
or Senate, or any committee of the Legislative Assembly having the
measure or matter before it for consideration.
(c) In conformity with any applicable rules of the House or Senate,
shall perform or cause to be performed, as circumstances will permit,
service requested by any committee of the Legislative Assembly in
connection with the performance of its functions.
(d) Shall attend, in person or by a representative, meetings of the
Oregon Economic and Community Development Commission, all regional
meetings of port districts and meetings of state agencies having
responsibility for international trade or economic development and report
to the committee on such meetings.
(2) Assignments made to the committee by joint or concurrent
resolution of the Legislative Assembly shall be given priority over other
requests received or initiated by the committee. [1973 c.700 §6; 1975
c.225 §12; 1995 c.79 §56] The Legislative Committee on Trade and
Economic Development shall:
(1) Maintain access to a current inventory of all international
exports from this state, their value and the markets to which they were
sent.
(2) Receive and evaluate studies and research concerning the impact
of international trade, trade development efforts and economic
development activities upon the State of Oregon.
(3) Receive and evaluate studies and research for the purpose of
improving legislative knowledge of international trade potentials for
Oregon products and the effects of trade development efforts and economic
development activities.
(4) Engage in international, national, regional or local
cooperative efforts for the study and the development of international
trade as it may affect the State of Oregon.
(5) Seek the advice and assistance of political subdivisions of the
state, any governmental agencies, representatives of foreign governments,
institutions of higher learning, research and trade organizations,
representatives of private industry and agriculture, associations which
have an interest in international trade, trade development and economic
development and any other party who is interested in such fields.
(6) Recommend to the Legislative Assembly legislative alternatives
for the utilization of existing markets, identification and development
of new avenues and markets for Oregon products, and the enhancement of
favorable impacts of trade upon the economy of the State of Oregon.
(7) Serve as a clearinghouse for information that will assist all
public and private agencies with activities in the areas of international
trade and economic development so that they may be better able to
coordinate their activities. [1973 c.700 §7; 1975 c.225 §13] (1) In addition to any other
duties imposed on the Legislative Committee on Trade and Economic
Development by law or joint resolution of the Legislative Assembly, the
committee shall study and review international trade, trade development
and economic development activities in the State of Oregon in order to
assure a strong, coordinated program. The committee shall engage in
appropriate legislative activities to extend and strengthen strong
interstate programs in international trade from which the people of
Oregon will benefit.
(2) The committee shall confer with the Economic and Community
Development Department in carrying out its duties at least once annually.
[1975 c.225 §6]The Legislative Committee on Trade and
Economic Development may enter into any contracts necessary for the
performance of its duties and functions. All contracts entered into by
the committee shall be made in accordance with the laws of the state
governing the making of such contracts. However, contracts entered into
with the United States or any agency of the United States shall be made
in accordance with applicable laws of the United States or any rule or
regulation made thereunder. [1973 c.700 §8](1) The Legislative
Committee on Trade and Economic Development may accept, receive, receipt
for, disburse and expend federal moneys and other moneys, public or
private, for the accomplishment of the purposes of ORS 171.800 to 171.845.
(2) All federal moneys accepted under this section shall be
accepted and transferred or expended by the committee 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 committee upon such terms and
conditions as are prescribed by law.
(4) All moneys received by the committee 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 committee 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. [1973 c.700 §9](1) All
agencies, persons and organizations expending moneys from the net
proceeds of the lottery authorized by section 4, Article XV of the Oregon
Constitution for the public purpose described in section 4, Article XV of
the Oregon Constitution shall report to the joint Legislative Committee
on Trade and Economic Development on the economic development
consequences of those expenditures. Such reports shall be submitted in
accordance with an annual schedule and in a form prescribed by the
committee, and shall include at a minimum information on the following:
(a) An accounting of the amounts expended from the lottery proceeds;
(b) An estimate of the amounts of public and private funds expended
in concert with lottery funds to achieve the public purpose described in
section 4, Article XV of the Oregon Constitution;
(c) An estimate of the number of jobs produced by the total
expenditure of funds for the public purpose described in section 4,
Article XV of the Oregon Constitution; and
(d) Such other information as the committee may require.
(2) The reports required by subsection (1) of this section shall be
submitted to the Legislative Assembly. [Formerly 461.720; 1993 c.18 §29] Every agency that
adopts a rule affecting business as described in ORS 183.335 or 183.540
shall submit annually a report of its activities concerning business to
the Legislative Committee on Trade and Economic Development. [1981 c.755
§7]COMMITTEE ON INFORMATION MANAGEMENT AND TECHNOLOGY(1) There is hereby
created a Joint Legislative Committee on Information Management and
Technology consisting of four members appointed by the Speaker of the
House of Representatives, at least two of whom shall have served on the
Joint Ways and Means Committee, and three members of the Senate appointed
by the President of the Senate, at least one of whom shall have served on
the Joint Ways and Means Committee.
(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 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) Members of the committee shall receive an amount equal to that
authorized under ORS 171.072 from funds appropriated to the Legislative
Assembly for each day spent in the performance of their duties as members
of the committee or any subcommittee thereof in lieu of reimbursement for
in-state travel expenses. However, when engaged in out-of-state travel,
members shall be entitled to receive their actual and necessary expenses
therefor in lieu of the amount authorized by this subsection. Payment
shall be made from funds appropriated to the Legislative Fiscal Office.
(5) Action of the committee shall be taken only upon the
affirmative vote of the majority of members of the committee.
(6) The Legislative Fiscal Office shall furnish to the committee
such services of personnel and such other facilities as are necessary to
enable the committee to carry out its functions as provided by law.
[Formerly 182.115; 1993 c.724 §15a] The Joint Legislative Committee on
Information Management and Technology shall:
(1) Establish statewide goals and policy regarding information
systems and technology, including telecommunications.
(2) Conduct studies of information management and technology
efficiency and security.
(3) Review the activities of the Oregon Department of
Administrative Services, Information Resources Management Council.
(4) Make recommendations regarding established or proposed
information resource management programs and information technology
acquisitions. [1975 c.731 §2; formerly 182.121; 1993 c.724 §15b]COMMITTEE ON PUBLIC EDUCATION APPROPRIATION (1) The President of the Senate and
the Speaker of the House of Representatives shall jointly appoint a
special legislative committee to issue a report pursuant to section 8,
Article VIII of the Oregon Constitution.
(2) The Legislative Assembly in the report shall:
(a) Demonstrate that the amount within the budget appropriated for
the state’s system of kindergarten through grade 12 public education is
the amount of moneys as determined by the Quality Education Commission
established by ORS 327.500 that is sufficient to meet the quality goals;
or
(b) Identify the reasons that the amount appropriated for the
state’s system of kindergarten through grade 12 public education is not
sufficient, the extent of the insufficiency and the impact of the
insufficiency on the ability of the state’s system of kindergarten
through grade 12 public education to meet the quality goals. In
identifying the impact of the insufficiency, the Legislative Assembly
shall include in the report how the amount appropriated in the budget may
affect both the current practices and student performance identified by
the commission under ORS 327.506 (4)(a) and the best practices and
student performance identified by the commission under ORS 327.506 (4)(b).
(3)(a) Notwithstanding subsection (2) of this section, the
Legislative Assembly may make a determination that the report of the
Quality Education Commission should not be used as the basis for carrying
out the reporting requirements of section 8, Article VIII of the Oregon
Constitution, and subsection (2) of this section. If the report is not
used, the Legislative Assembly shall identify the reasons for not using
the report to meet the reporting requirements and shall outline an
alternative methodology for making the findings required by section 8,
Article VIII of the Oregon Constitution.
(b) The alternative methodology shall be based on:
(A) Research, data and public values; and
(B) The performance of successful schools, professional judgment or
a combination of the performance of successful schools and professional
judgment.
(c) The Legislative Assembly shall include in the report that uses
the alternative methodology a determination of how the amount
appropriated may affect the ability of the state’s system of kindergarten
through grade 12 public education to meet quality goals established by
law, including expected student performance against those goals.
(4) The Legislative Assembly shall identify in the report whether
the state’s system of post-secondary public education has quality goals
established by law. If there are quality goals, the Legislative Assembly
shall include in the report a determination that the amount appropriated
in the budget is sufficient to meet those goals or an identification of
the reasons the amount appropriated is not sufficient, the extent of the
insufficiency and the impact of the insufficiency on the ability of the
state’s system of post-secondary public education to meet those quality
goals.
(5) The report shall be issued within 180 days after the regular
session of the Legislative Assembly adjourns sine die.
(6) The Legislative Assembly shall provide public notice of the
report’s issuance, including posting the report on the Internet and
providing a print version of the report upon request. [2001 c.895 §7;
2003 c.14 §69]WESTERN STATES LEGISLATIVE FORESTRY TASK FORCE(1) The President of the Senate and the Speaker of the
House of Representatives, joining with the presiding officers of the
legislatures of Washington, Idaho, Montana, California and Alaska, shall
appoint, respectively, two Senators and two Representatives to represent
Oregon on the Western States Legislative Forestry Task Force, which shall
operate as a clearinghouse for opinion from all the various interests
involved in the western states forest industries, and which shall include
among its duties the duty to report to the legislatures of the
participating states and to the state delegations in the United States
Congress concerning means of protecting and fostering the forest
industries of the participating states.
(2) The legislators appointed to represent Oregon shall receive no
compensation or per diem for service as a member unless the service is
performed during a legislative session but may receive actual and
necessary travel and other expenses under ORS 171.072 from funds
appropriated therefor. [1987 c.678 §1; 1987 c.879 §26]PACIFIC FISHERIES LEGISLATIVE TASK FORCE(1) The President of the Senate and the Speaker of the
House of Representatives, joining with the presiding officers of other
jurisdictions, shall appoint, respectively, two Senators and two
Representatives to represent Oregon on the Pacific Fisheries Legislative
Task Force, which represents the legislative interests of Alaska,
California, Idaho and Washington. The task force shall operate as a
clearinghouse for opinion from all the various interests involved in
Pacific fishing, and which shall include among its duties the duty to
report to the legislatures of the participating jurisdictions and to the
state delegations in the United States Congress concerning means of
protecting and fostering Pacific fishing in the participating
jurisdictions.
(2) Participation in the activities of the task force by
individuals appointed to represent the State of Oregon is subject to the
following conditions:
(a) Members must use existing staff personnel for administrative
support work.
(b) Members shall receive no compensation or per diem for service
as a member unless the service is performed during a legislative session
but may receive actual and necessary travel and other expenses incurred
in the performance of their official duties under ORS 171.072 from funds
appropriated therefor. [1987 c.678 §2; 1987 c.879 §27]COLUMBIA RIVER RESOURCE TASK FORCE(1) The President of the Senate and the Speaker of the
House of Representatives, shall appoint, respectively, two Senators and
two Representatives to represent Oregon on the Columbia River Resource
Task Force. The task force shall operate as a clearinghouse for issues of
interest and concern on the Columbia River and shall include among its
duties the duty to report to the legislatures of the participating
jurisdictions and to the state delegations in the United States Congress
concerning those interests and concerns in the participating
jurisdictions.
(2) The appointments shall become operative when the presiding
officers from Washington, Idaho and Montana, or any two of them, make
legislative appointments for the same purpose.
(3) Participation in the activities of the task force by
legislators appointed to represent the State of Oregon is subject to the
following conditions:
(a) Legislative members must use existing staff personnel for
administrative support work.
(b) Legislative members shall receive no compensation or per diem
for service as a member unless the service is performed during a
legislative session but may receive actual and necessary travel and other
expenses incurred in the performance of their official duties under ORS
171.072 from funds appropriated therefor. [1991 c.926 §1]STUDIES OF MANDATED HEALTH COVERAGE (1) The Legislative Assembly takes
notice of the increasing number of legislative proposals for mandating
certain health coverages, whether such proposals mandate payments for
certain providers of health care or mandate the offering of health
coverages by insurance carriers and health care service contractors as a
component of individual or group policies. Improved access to these
health care services to segments of the population who desire them may
provide social and health consequences that are beneficial and in the
public interest.
(2) The Legislative Assembly also takes notice of the fact that the
cost ramifications of expanding health coverages is resulting in a
growing public concern. The way that the coverages are structured and the
steps taken to create incentives to provide cost-effective services or to
take advantage of features of services that offset costs can
significantly affect the cost of mandating particular coverages.
(3) The Legislative Assembly hereby finds and declares the
following:
(a) The merits of a particular coverage mandate must be balanced
against a variety of consequences that may go far beyond the immediate
effect upon the cost of insurance coverage.
(b) A systematic review of legislation proposing mandated or
mandatorily offered health coverage that explores all ramifications of
the proposed legislation will assist the Legislative Assembly determining
whether mandating a particular coverage or offering is in the public
interest. [1985 c.747 §55]Every proposed legislative measure that mandates a health
insurance coverage, whether by requiring payment for certain providers or
by requiring an offering of a health insurance coverage by an insurer or
health care service contractor as a component of individual or group
health insurance policies, shall be accompanied by a report that assesses
both the social and financial effects of the coverage in the manner
provided in ORS 171.880, including the efficacy of the treatment or
service proposed. The report may be prepared either by the chief sponsor
or by any other proponent of the proposed measure. The report shall be
submitted with the proposed measure when the proposed measure is
submitted for filing, and shall be in writing and be a public record.
[1985 c.747 §56]The report required under ORS 171.875,
to the extent that information is available, shall include but need not
be limited to the following:
(1) Answers to the following questions concerning the social effect
of the proposed measure:
(a) To what extent is the treatment or service used by the general
population of Oregon?
(b) To what extent is the insurance coverage already generally
available in Oregon?
(c) What proportion of the population of Oregon already has such
coverage?
(d) To what extent does the lack of coverage result in financial
hardship in Oregon?
(e) What evidence exists to document the medical need in Oregon for
the proposed treatment or services?
(2) Answers to the following questions concerning the financial
effect of the proposed measure:
(a) To what extent is the coverage expected to increase or decrease
the cost of treatment or services?
(b) To what extent is the coverage expected to increase the use of
the treatment or services?
(c) To what extent is the mandated treatment or services expected
to be a substitute for more expensive treatment or services?
(d) To what extent is the coverage expected to increase or decrease
the administrative expenses of insurance companies and the premium and
administrative expenses of policyholders?
(e) What will be the effect of this coverage on the total cost of
health care? [1985 c.747 §57]PENALTIESEvery person who, having been summoned as a
witness under ORS 171.510 to give testimony or to produce books, papers,
records or documents upon any matter under inquiry before either house or
any of the committees referred to in ORS 171.505, willfully makes
default, or who, having appeared, refuses to answer any question
pertinent to the matter under inquiry, is guilty of a misdemeanor. [1953
c.544 §3; 1961 c.167 §13] (1) Any
person who violates any provision of ORS 171.740 to 171.762, or any rule
adopted pursuant thereto, shall forfeit and pay to the General Fund a
civil penalty for each violation of not more than $1,000, to be
determined by the Oregon Government Standards and Practices Commission.
(2) The civil penalty referred to in subsection (1) of this section
may be recovered in an action brought thereon in the name of the State of
Oregon in any court of appropriate jurisdiction or may be imposed as
provided in ORS 183.745. In any proceedings before the court, including
judicial review under ORS 183.745, the court may review the penalty as to
both liability and reasonableness of amount. [1973 c.802 §13; 1987 c.566
§6a; 1991 c.734 §9]_______________
