2007 Oregon Code - Chapter 173 :: Chapter 173 - Legislative Service Agencies
Chapter 173 —
Legislative Service Agencies
2007 EDITION
LEGISLATIVE SERVICE AGENCIES
STATE LEGISLATIVE DEPARTMENT AND LAWS
GENERAL PROVISIONS
173.005Â Â Â Â Personnel
policies for employees of statutory committees
173.007Â Â Â Â Personnel
policies applicable to regular employees of Legislative Assembly
FISCAL AND REVENUE IMPACT STATEMENTS
173.025Â Â Â Â Preparation
of fiscal impact and revenue impact statements for legislation affecting local
governments
173.029Â Â Â Â Preparation
of statements for legislation creating new crime or increasing period of
incarceration
173.035Â Â Â Â Submission
of statements to Legislative Assembly; committee referral and review
173.045Â Â Â Â Revision
of statements
173.051Â Â Â Â Preparation
of fiscal impact statements for legislation increasing employer contributions
under Public Employees Retirement System
173.055Â Â Â Â Contracts
to provide fiscal data
LEGISLATIVE COUNSEL COMMITTEE
173.111Â Â Â Â Legislative
Counsel Committee and office of Legislative Counsel established
173.120Â Â Â Â Legislative
Counsel to be in attendance upon legislative sessions
173.130Â Â Â Â Performance
of legislative services; charges
173.135Â Â Â Â Participation
in legal proceedings to protect legislative interests
173.140Â Â Â Â Preparation
of initiative measures
173.160Â Â Â Â Powers
and duties of Legislative Counsel in preparing editions for publication
173.191Â Â Â Â Membership;
term; vacancies; advisory committees
173.200Â Â Â Â Selection
of Legislative Counsel
173.210Â Â Â Â Employment
of staff
173.215Â Â Â Â Effect
of expiration of terms of committee members
173.220Â Â Â Â Location
of Legislative CounselÂ’s office
173.230Â Â Â Â Confidential
nature of matters handled by committeeÂ’s staff
173.240Â Â Â Â CommitteeÂ’s
staff prohibited from influencing legislation
173.315Â Â Â Â Oregon
Law Commission established; duties; membership; chairperson
173.325Â Â Â Â Compensation
and expenses of members
173.328Â Â Â Â Commission
meetings
173.335Â Â Â Â Commission
staff; duties
173.338Â Â Â Â Law
revision program; drafting services
173.342Â Â Â Â Commission
biennial report to Legislative Assembly
173.345Â Â Â Â Cooperation
with bar associations or other associations
173.347Â Â Â Â Appearance
of commission members or staff before Legislative Assembly
173.352Â Â Â Â Advisory
and technical committees
173.355Â Â Â Â Solicitation
and receipt of gifts and grants
173.357Â Â Â Â Disposition
of moneys collected or received by commission
LEGISLATIVE FISCAL OFFICER
173.410Â Â Â Â Appointing
authority for Legislative Fiscal Officer; selection of officer
173.420Â Â Â Â Duties
of Legislative Fiscal Officer
173.450Â Â Â Â Employment
of staff; compensation and expenses of staff members
173.455Â Â Â Â Maintaining
confidentiality of draft measures
173.500Â Â Â Â Establishment;
members; powers and duties
NATURAL RESOURCES POLICY ADMINISTRATOR
173.610Â Â Â Â Appointing
authority for Natural Resources Policy Administrator; selection of administrator
173.620Â Â Â Â Duties
of Natural Resources Policy Administrator
173.630Â Â Â Â Employment
of staff; compensation and expenses of staff members
173.640Â Â Â Â Confidential
nature of matters handled by administrator and staff; administrator and staff
prohibited from influencing legislation
LEGISLATIVE ADMINISTRATION COMMITTEE
173.710Â Â Â Â Legislative
Administration Committee and office of Legislative Administrator established
173.720Â Â Â Â Duties
of Legislative Administrator
173.730Â Â Â Â Committee
membership; status; term; chairperson
173.740Â Â Â Â Employment
of staff; compensation and expenses of staff; staff prohibited from influencing
legislation
173.750Â Â Â Â Effect
of expiration of terms of committee members
173.760Â Â Â Â Advisory
committees; compensation and expenses
173.763Â Â Â Â Electronic
distribution of information; no fee for distribution; reservation of copyright
and other proprietary interest
173.766Â Â Â Â Electronic
mail address; website
173.770Â Â Â Â Rules
regarding fees for services and obtaining copyrights and patents
173.780Â Â Â Â
173.785Â Â Â Â Capitol
gift shop; bidding; use of profits
173.790Â Â Â Â Stores
Revolving Account; Property and Supplies Stores Account
LEGISLATIVE REVENUE OFFICER
173.800Â Â Â Â Appointing
authority for Legislative Revenue Officer; selection of officer
173.810Â Â Â Â Employment
of staff; compensation and expenses
173.820Â Â Â Â Duties
and powers
173.830Â Â Â Â Authority
to accept and expend funds; disposition of moneys received
173.840Â Â Â Â Designation
as applicant for certain federal programs
173.850Â Â Â Â Department
of Revenue to provide assistance; status of reports and information
173.855Â Â Â Â Maintaining
confidentiality of draft measures
GENERAL PROVISIONS
     173.005
Personnel policies for employees of statutory committees. (1) The appointing authority for regular
employees of the Legislative Administration Committee, Legislative Counsel
Committee or any other statutory committee or statutory office of the
Legislative Assembly holding regular positions in the same sense as those held
by regular employees of those statutory committees or offices, may adopt and
follow policies in regard to working hours, leaves of absence, vacations and
sick and disability leave for those employees consistent with the State
Personnel Relations Law and applicable rules adopted pursuant thereto.
     (2) The Legislative Administration
Committee may adopt and follow policies in regard to vacation and sick leave
for regular employees of the Legislative Assembly to whom subsection (1) of
this section does not apply that are consistent with the provisions of the
State Personnel Relations Law and applicable rules adopted pursuant thereto.
     (3) Vacation and sick leave accrued by a
regular employee of a statutory committee or office under subsection (1) of
this section and by a regular employee of the Legislative Assembly under
subsection (2) of this section shall be credited to the employee by the state
agency in the executive or administrative branch that employs the regular
employee immediately after that employeeÂ’s employment by a statutory committee
or office or by the Legislative Assembly. [1971 c.638 §15; 1979 c.468 §38; 1979
c.509 §1a]
     173.007
Personnel policies applicable to regular employees of Legislative Assembly. (1) If the Legislative Administration
Committee adopts policies under ORS 173.005 (2), it may give credit for
vacation and sick leave of regular employees of the Legislative Assembly that
accrued prior to October 3, 1979, if:
     (a) The policies adopted and the method of
crediting the vacation and sick leave are consistent with the provisions of the
State Personnel Relations Law and applicable rules adopted pursuant thereto;
and
     (b) The regular employee has not been
compensated previously in any way for any vacation or sick leave.
     (2) If the Legislative Administration
Committee acts pursuant to subsection (1) of this section, vacation and sick
leave accrued by a regular employee of the Legislative Assembly shall be
credited as provided in ORS 173.005 (3) if a former regular employee is in the
employ of a state agency in the executive or administrative branch. [1979 c.509
§§2,3]
     173.010 [Amended by 1953 c.625 §4; repealed by 1953
c.492 §16]
     173.015 [1953 c.625 §4; repealed by 1953 c.492 §16]
     173.020 [Repealed by 1953 c.492 §16]
FISCAL AND
REVENUE IMPACT STATEMENTS
     173.025
Preparation of fiscal impact and revenue impact statements for legislation affecting
local governments. (1) The
Legislative Fiscal Officer, with the aid of the Oregon Department of
Administrative Services, Legislative Revenue Officer, state agencies and
affected local governmental units, including school districts, shall prepare a
fiscal impact statement on each measure reported out of a committee of the
Legislative Assembly that could have an effect on expenditures of local
governmental units, including school districts.
     (2) The Legislative Revenue Officer, with
aid of the Legislative Fiscal Officer, the Department of Revenue, state
agencies and affected local governmental units, including school districts,
shall prepare a revenue impact statement on each measure reported out of a
committee of the Legislative Assembly that could have any effect on revenues of
local governmental units, including school districts. [1977 c.414 §1; 1989
c.970 §2; 2007 c.828 §1]
     173.029
Preparation of statements for legislation creating new crime or increasing
period of incarceration. (1)
For any measure reported out of a committee of the Legislative Assembly the
effect of which is to create a new crime or increase the period of
incarceration allowed or required for an existing crime, the Legislative Fiscal
Officer, with the aid of the Oregon Department of Administrative Services,
Legislative Revenue Officer, state agencies and affected local governmental
units, shall prepare a fiscal impact statement describing the fiscal impact
that the measure would, if enacted, have on the state as well as on local
governmental units.
     (2) In particular and to the extent
practicable, the Legislative Fiscal Officer shall determine and describe in the
statement the following:
     (a) The fiscal impact on state and local
law enforcement agencies, including an estimate of the increase in anticipated
number of arrests annually;
     (b) The fiscal impact on state and local
courts, including an estimate of the increase in the anticipated number of
trials annually;
     (c) The fiscal impact on district attorney
offices, including an estimate of the increase in the anticipated number of
prosecutions annually;
     (d) The fiscal impact on public defense
resources, including an estimate of the increase in the anticipated number of
cases annually; and
     (e) The fiscal impact on state and local
corrections resources, including resources supporting parole and probation
supervision, and also including an estimate of the increase in the anticipated
number of bed-days to be used annually at both the state and local level as a
result of the passage of the measure. [1987 c.854 §2; 2001 c.962 §103; 2007
c.828 §2]
     173.030 [Amended by 1953 c.625 §4; repealed by 1953
c.492 §16]
     173.035
Submission of statements to Legislative Assembly; committee referral and
review. The Legislative
Fiscal Officer and Legislative Revenue Officer shall submit the statement
prepared under ORS 173.025 or 173.029 to the Legislative Assembly at a time set
by the rules of the house where the measure was introduced. The Speaker of the
House of Representatives and the President of the Senate shall refer the
statement to the committee to which the measure was referred. The committee
shall review the statement prepared under ORS 173.025 or 173.029 prior to
reporting the measure out. [1977 c.414 §2; 1987 c.854 §3]
     173.040 [Repealed by 1953 c.492 §16]
     173.045
Revision of statements. The
Legislative Fiscal Officer and Legislative Revenue Officer shall review and
revise the statement as measures are amended. [1977 c.414 §3]
     173.050 [Amended by 1953 c.625 §4; repealed by 1953
c.492 §16]
     173.051
Preparation of fiscal impact statements for legislation increasing employer
contributions under Public Employees Retirement System. The Legislative Fiscal Officer, with the aid
of the Public Employees Retirement Board and public employers providing
benefits under ORS chapter 238A, shall prepare a fiscal impact statement on
each measure reported out of a committee of the Legislative Assembly that would
increase employer contributions under ORS chapter 238A. If the Legislative
Fiscal Officer determines that a proposed measure would result in an increase
in the total liability for benefits under ORS chapter 238A that is in excess of
one-tenth of one percent, the Legislative Fiscal Officer shall promptly notify
the Public Employees Retirement Board. The board shall thereafter promptly give
notice of the proposed measure, and the fiscal impact of the proposed measure
as determined by the Legislative Fiscal Officer, to all public employers
providing benefits under ORS chapter 238A. [2003 c.733 §45b; 2007 c.828 §3]
     173.055
Contracts to provide fiscal data. The Legislative Fiscal Officer and Legislative Revenue Officer are
authorized to contract with other agencies or persons to provide fiscal data
necessary to carry out the provisions of ORS 173.025 to 173.055. [1977 c.414 §4]
LEGISLATIVE
COUNSEL COMMITTEE
     173.110 [1953 c.492 §1; repealed by 1969 c.256 §1
(173.111 enacted in lieu of 173.110)]
     173.111
Legislative Counsel Committee and office of Legislative Counsel established. The Legislative Counsel Committee is
established as a joint committee of the Legislative Assembly. The Legislative
Counsel Committee shall select a Legislative Counsel to serve as its executive
officer. [1969 c.256 §2 (enacted in lieu of 173.110); 1971 c.638 §4; 1999 c.117
§1]
     173.120
Legislative Counsel to be in attendance upon legislative sessions. The Legislative Counsel shall be in
attendance upon all sessions of the Legislative Assembly. [1953 c.492 §2]
     173.130
Performance of legislative services; charges. (1) The Legislative Counsel shall prepare or assist in the preparation
of legislative measures when requested to do so by a member or committee of the
Legislative Assembly.
     (2) Upon the written request of a state
agency, the Legislative Counsel may prepare or assist in the preparation of
legislative measures that have been approved for preparation in writing by the
Governor or the GovernorÂ’s designated representative. The Legislative Counsel
may also prepare or assist in the preparation of legislative measures that are
requested in writing by the Judicial Department, the Governor, the Secretary of
State, the State Treasurer, the Attorney General, the Commissioner of the
Bureau of Labor and Industries or the Superintendent of Public Instruction. In
accordance with ORS 283.110, the Legislative Counsel may charge the agency or
officer for the services performed.
     (3) The Legislative Counsel shall give
such consideration to and service concerning any measure or other legislative
matter before the Legislative Assembly as is requested by the House of
Representatives, the Senate or any committee of the Legislative Assembly that
has the measure or other matter under consideration.
     (4) The Legislative Counsel, pursuant to
the policies and directions of the Legislative Counsel Committee and in
conformity with any applicable rules of the House of Representatives or Senate,
shall perform or cause to be performed research service requested by any member
or committee of the Legislative Assembly in connection with the performance of
legislative functions. Research assignments made by joint or concurrent
resolution of the Legislative Assembly shall be given priority over other
research requests received by the Legislative Counsel. The research service to
be performed includes the administrative services incident to the
accomplishment of the research requests or assignments.
     (5) The Legislative Counsel shall give an
opinion in writing upon any question of law in which the Legislative Assembly
or any member or committee of the Legislative Assembly may have an interest
when the Legislative Assembly or any member or committee of the Legislative
Assembly requests the opinion. Except as provided in subsection (2) of this
section and ORS 173.135, the Legislative Counsel shall not give opinions or
provide other legal services to persons or agencies other than the Legislative
Assembly and members and committees of the Legislative Assembly.
     (6) The Legislative Counsel may enter into
contracts to carry out the functions of the Legislative Counsel. [1953 c.492 §3;
1959 c.295 §2; 1973 c.226 §1; 1979 c.237 §1; 1999 c.117 §2; 1999 c.207 §1; 2001
c.45 §2; 2001 c.104 §57]
     173.135
Participation in legal proceedings to protect legislative interests. When deemed necessary or advisable to
protect the official interests of the Legislative Assembly, one or more
legislative committees, or one or more members of the Legislative Assembly, the
Legislative Counsel Committee may direct the Legislative Counsel and the staff
of the Legislative Counsel, or may retain any member of the Oregon State Bar,
to appear in, commence, prosecute or defend any action, suit, matter, cause or
proceeding in any court or agency of this state or of the United States.
Expenses and costs incurred pursuant to this section may be paid by the
committee from any funds available to the committee. [1961 c.167 §32; 2005 c.22
§119]
     173.140
Preparation of initiative measures. The Legislative Counsel shall cooperate with the proponents of an
initiative measure in its preparation when:
     (1) Requested in writing so to do by 50 or
more electors proposing the measure; and
     (2) In the judgment of the committee there
is reasonable probability that the measure will be submitted to the electors of
the state under the laws relating to the submission of initiative measures. [1953
c.492 §4]
     173.150 [1953 c.492 §5; 1961 c.279 §1; repealed by
1981 c.517 §10 (171.275 enacted in lieu of 173.150)]
     173.152 [Formerly 171.272; 1963 c.420 §1; 1965 c.372
§1; 1981 c.517 §21; renumbered 171.315]
     173.155 [1959 c.295 §1; repealed by 1963 c.292 §1
(173.310 to 173.340 enacted in lieu of 173.155)]
     173.160
Powers and duties of Legislative Counsel in preparing editions for publication. In preparing editions of the statutes for
publication and distribution, the Legislative Counsel shall not alter the
sense, meaning, effect or substance of any Act, but, within such limitations,
may:
     (1) Renumber sections and parts of
sections of the Acts;
     (2) Rearrange sections;
     (3) Change reference numbers to agree with
renumbered chapters, sections or other parts;
     (4) Delete references to repealed
sections;
     (5) Substitute the proper subsection,
section or chapter or other division numbers;
     (6) Change capitalization and spelling for
the purpose of uniformity; and
     (7) Correct manifest clerical, grammatical
or typographical errors. [1953 c.492 §6; 1999 c.117 §3; 2005 c.22 §120]
     173.170 [1953 c.492 §7; 1961 c.167 §28; 1981 c.517 §22;
renumbered 171.285]
     173.180 [1953 c.492 §8; 1981 c.517 §23; renumbered
171.295]
     173.190 [1953 c.492 §9; 1961 c.167 §29; repealed by
1969 c.256 §3 (173.191 enacted in lieu of 173.190)]
     173.191
Membership; term; vacancies; advisory committees. (1) The Legislative Counsel Committee shall
consist of the Speaker of the House of Representatives, the President of the
Senate, members of the House appointed by the Speaker and members of the Senate
appointed by the President. The Speaker of the House of Representatives and the
President of the Senate may each designate from among the members of the
appropriate house an alternate to exercise powers as a member of the committee.
The appointing authorities shall appoint members of a new committee within 30
days after the convening of the Legislative Assembly in regular session.
     (2) The term of a member of the committee
shall expire upon the convening of the Legislative Assembly in regular session
next following the memberÂ’s appointment. Vacancies occurring in the membership
of the committee shall be filled by the appointing authority.
     (3) The committee has a continuing
existence and may meet, act and conduct its business during the sessions of the
Legislative Assembly or any recess thereof, and in the interim period between
sessions but the committee has no authority to affect the rules of either
house.
     (4) The Legislative Counsel Committee may
appoint advisory committees or subcommittees. Except as otherwise provided in
this subsection, individuals other than members of the Legislative Assembly may
serve on such advisory committees or subcommittees. A member of such committee
or subcommittee who is not a member of the Legislative Assembly shall be
compensated and reimbursed in the manner provided in ORS 292.495. An advisory
committee or subcommittee appointed to assist the Legislative Counsel Committee
in review of state agency rules may consist only of two or more members of the
Legislative Assembly.
     (5) The Legislative Counsel Committee may
not transact business unless a quorum is present. A quorum consists of a
majority of committee members from the House of Representatives and a majority
of committee members from the Senate.
     (6) Action by the committee requires the
affirmative vote of a majority of committee members from the House of
Representatives and a majority of committee members from the Senate. [1969
c.256 §4 (enacted in lieu of 173.190); 1971 c.638 §5; 1975 c.136 §6; 1975 c.530
§4; 1977 c.344 §5; 1999 c.117 §4; 2001 c.45 §3; 2007 c.790 §4]
     173.196 [1975 c.136 §8; repealed by 1977 c.344 §7]
     173.200
Selection of Legislative Counsel. (1) The Legislative Counsel Committee shall select the Legislative
Counsel, who shall serve at the pleasure of the committee. The Legislative
Counsel shall be a person authorized to practice law in the highest court of
one of the states of the
     (2) The Legislative Counsel Committee
shall fix the annual salary of the Legislative Counsel. Subject to the
limitations otherwise provided by law for expenses of state officers, the Legislative
Counsel shall be reimbursed for actual and necessary expenses incurred or paid
by the Legislative Counsel in the performance of duties of the Legislative
Counsel. [1953 c.492 §10; 1999 c.117 §5]
     173.210
Employment of staff. Subject
to the approval of the committee, the Legislative Counsel may employ and fix
the compensation of such professional assistants and clerical and other
employees as the Legislative Counsel deems necessary for the effective conduct
of the work under the charge of the Legislative Counsel. [1953 c.492 §11; 1973
c.735 §8]
     173.215
Effect of expiration of terms of committee members. (1) The expiration of the terms of members
of the Legislative Counsel Committee, as provided by ORS 173.191, does not
affect the employment of any individual filling a position previously approved
by the committee.
     (2) After the convening of the Legislative
Assembly in regular session and until the newly appointed Legislative Counsel
Committee provides otherwise, the Legislative Counsel may employ and fix the
compensation of individuals the Legislative Counsel considers necessary for the
effective conduct of the work supervised or managed by the Legislative Counsel.
     (3) Notwithstanding ORS 173.111 and
173.200, if a vacancy occurs in the position of Legislative Counsel after the
convening of the Legislative Assembly in regular session and before the
appointment of a Legislative Counsel Committee, the President of the Senate and
the Speaker of the House of Representatives may jointly select a Legislative
Counsel who has the qualifications set forth in ORS 173.200. The Legislative
Counsel selected by the President and the Speaker serves at their pleasure at a
salary jointly fixed by the President and the Speaker that does not exceed the
salary last fixed by the committee. The President and Speaker may act in lieu
of the Legislative Counsel Committee under ORS 293.335 in designating the
Legislative Counsel they select to approve disbursements and in filing the
statement of designation. After appointment of a Legislative Counsel Committee,
the Legislative Counsel selected under this subsection serves at the pleasure
of the committee and the committee may exercise power and authority over the
Legislative Counsel as if the Legislative Counsel had been selected by the
committee. [1965 c.113 §1; 1967 c.5 §1; 1975 c.136 §10; 1999 c.117 §6]
     173.220
Location of Legislative CounselÂ’s office. The permanent office of the Legislative Counsel shall be in the State
Capitol, where the Legislative Counsel shall be provided with suitable and
sufficient offices convenient to the chambers of the House and Senate. [1953
c.492 §12]
     173.230
Confidential nature of matters handled by committeeÂ’s staff. (1) The Legislative Counsel or any employee
of the Legislative Counsel Committee may not reveal to any person not an
employee of the committee the contents or nature of any matter before the
Legislative Counsel in the official capacity of the Legislative Counsel, if the
person bringing the matter before the Legislative Counsel or employee
designates the matter as confidential. Matters not designated as confidential
may be revealed only as prescribed by the rules of the committee.
     (2) Notwithstanding subsection (1) of this
section, the Legislative Counsel may provide a copy of a draft measure to the
Legislative Fiscal Officer and the Legislative Revenue Officer.
     (3) The provision by the Legislative
Counsel of a copy of a draft measure under subsection (2) of this section is
not a waiver of privilege under ORS 40.225. [1953 c.492 §14; 1961 c.167 §30;
1999 c.117 §7; 2001 c.45 §4]
     173.240
CommitteeÂ’s staff prohibited from influencing legislation. Neither the Legislative Counsel nor any
employee of the committee shall oppose, urge or attempt to influence
legislation. [1953 c.492 §14]
     173.250 [1953 c.492 §15; 1957 c.60 §1; subsection
(4) enacted as 1961 c.159 §2; 1969 c.256 §5; 1981 c.517 §24; renumbered
171.305]
     173.310 [1963 c.292 §2 (173.310 to 173.340 enacted
in lieu of 173.155); 1969 c.314 §10; 1971 c.638 §7; 1977 c.186 §1; repealed by
1979 c.472 §2]
     173.315
     (2) The Oregon Law Commission shall
consist of:
     (a) Two persons, at least one of whom is a
Senator at the time of appointment, appointed by the President of the Senate;
     (b) Two persons, at least one of whom is a
Representative at the time of appointment, appointed by the Speaker of the
House of Representatives;
     (c) The deans of
     (d) Three persons designated by the Board
of Governors of the Oregon State Bar;
     (e) The Attorney General or the Attorney
GeneralÂ’s designee;
     (f) The Chief Justice of the Supreme Court
or the Chief JusticeÂ’s designee; and
     (g) One person appointed by the Governor.
     (3) The term of office of each appointed
member of the Oregon Law Commission is two years. Before the expiration of the
term of a member, the appointing authority shall appoint a successor whose term
begins on September 1 next following. A member is eligible for reappointment.
If there is a vacancy for any cause, the appointing authority shall make an
appointment to become immediately effective for the unexpired term. A member
shall be removed from the commission if the member misses three consecutive
meetings without prior approval of the chairperson.
     (4) The Oregon Law Commission shall elect
its chairperson and vice chairperson from among the members with such powers
and duties as the commission shall determine.
     (5) A majority of the members of the
commission constitutes a quorum for the transaction of business. [1981 c.813 §1;
1997 c.661 §1]
     173.320 [1963 c.292 §3 (173.310 to 173.340 enacted
in lieu of 173.155); repealed by 1979 c.472 §2]
     173.325
Compensation and expenses of members. A member of the Oregon Law Commission who is not a member of the
Legislative Assembly shall receive no compensation for services as a member
but, subject to any other applicable law regulating travel and other expenses
for state officers, may receive actual and necessary travel and other expenses
incurred in the performance of official duties, providing funds are
appropriated therefor in the budget of the Legislative Counsel Committee. [1981
c.813 §2; 1987 c.879 §3; 1997 c.661 §2]
     173.328
Commission meetings. The
Oregon Law Commission shall meet at least once every three months at a place,
day and hour determined by the commission. The commission also shall meet at
other times and places specified by the call of the chairperson or of a
majority of the members of the commission. [1997 c.661 §5]
     173.330 [1963 c.292 §4 (173.310 to 173.340 enacted
in lieu of 173.155); repealed by 1979 c.472 §2]
     173.335
Commission staff; duties.
(1) The Legislative Counsel shall assist the Oregon Law Commission to carry out
its functions as provided by law.
     (2) The Legislative Counsel pursuant to
subsection (1) of this section shall:
     (a) Coordinate research for, and
preparation of, legislative proposals, as requested by the commission.
     (b) Examine the published opinions of any
judge of the Supreme Court, the Court of Appeals and the Oregon Tax Court of
this state for the purpose of discovering and reporting to the commission any
statutory defects, anachronisms or omissions mentioned therein.
     (c) Receive suggestions and proposed
changes in the law from interested persons, and bring such suggestions and
proposals to the attention of the commission.
     (d) Perform such other services as are
necessary to enable the commission to carry out its functions as provided by
law. [1981 c.813 §§3,4; 1997 c.661 §6]
     173.338
Law revision program; drafting services. (1) The specific subject areas to be part of the law revision program
of the Oregon Law Commission include but are not limited to:
     (a) The common law and statutes of the
state and current judicial decisions for the purpose of discovering defects and
anachronisms in the law and recommending needed reforms.
     (b) Proposed changes in the law
recommended by the American Law Institute, the National Conference of
Commissioners on Uniform State Laws, any bar association or other learned
bodies.
     (c) Suggestions from judges, justices,
public officials, lawyers and the public generally as to defects and
anachronisms in the law.
     (d) Such changes in the law as the
commission considers necessary to modify or eliminate antiquated and
inequitable rules of law and to bring the law of
     (e) The express repeal of all statutes
repealed by implication or held unconstitutional by state and federal courts.
     (2) The Legislative Counsel shall provide
necessary drafting services as legislative priorities permit. [1997 c.661 §3]
     173.340 [1963 c.292 §5 (173.310 to 173.340 enacted
in lieu of 173.155); repealed by 1979 c.472 §2]
     173.342
Commission biennial report to Legislative Assembly. (1) The Oregon Law Commission shall file a
report at each regular session of the Legislative Assembly that shall contain
recommendations for statutory and administrative changes and a calendar of
topics selected by the commission for study, including a list of the studies in
progress and a list of topics intended for future consideration.
     (2) The commission shall also study any
topic that the Legislative Assembly, by concurrent resolution, refers to it for
such study. [1997 c.661 §4]
     173.345
Cooperation with bar associations or other associations. The Oregon Law Commission may cooperate with
any bar association or other learned, professional or scientific association,
institution or foundation in a manner suitable to fulfill the functions of the
commission. [1997 c.661 §7]
     173.347
Appearance of commission members or staff before Legislative Assembly. The Oregon Law Commission by its members or
its staff may appear before committees of the Legislative Assembly in an
advisory capacity, pursuant to the rules thereof, to present testimony and
evidence in support of the commission’s recommendations. [1997 c.661 §8]
     173.350 [1965 c.397 §1; repealed by 1979 c.472 §2]
     173.352
Advisory and technical committees. (1) To aid and advise the Oregon Law Commission in the performance of
its functions, the commission may establish such advisory and technical
committees as the commission considers necessary. These committees may be
continuing or temporary. The commission shall determine the representation,
membership, terms and organization of the committees and shall appoint their members.
     (2) Members of the committees are not
entitled to compensation, but in the discretion of the commission may be
reimbursed from funds available to the commission for actual and necessary
travel and other expenses incurred in the performance of their official duties.
[1997 c.661 §10]
     173.355
Solicitation and receipt of gifts and grants. The Oregon Law Commission may solicit and receive funds from grants
and gifts to assist and support its functions. [1997 c.661 §9]
     173.357
Disposition of moneys collected or received by commission. All moneys collected or received by the
Oregon Law Commission shall be paid into the General Fund of the State
Treasury. Such moneys are continuously appropriated for and shall be used by
the commission in carrying out the purposes for which the funds are received. [1997
c.661 §11]
LEGISLATIVE
FISCAL OFFICER
     173.410
Appointing authority for Legislative Fiscal Officer; selection of officer. (1) As used in this section, ORS 173.420 and
173.450, “appointing authority” means the Joint Committee on Ways and Means
during a session of the Legislative Assembly and the Emergency Board during the
interim between sessions of the Legislative Assembly.
     (2) The appointing authority shall select
the Legislative Fiscal Officer who shall serve at the pleasure of the
appointing authority and under its direction. [1959 c.70 §1; 1971 c.679 §1]
     173.420
Duties of Legislative Fiscal Officer. (1) Pursuant to the policies and directions of the appointing
authority, the Legislative Fiscal Officer shall:
     (a) Ascertain facts and make
recommendations to the Legislative Assembly concerning the GovernorÂ’s budget
report.
     (b) Ascertain facts concerning state
expenditures and make estimates concerning state expenditures.
     (c) Ascertain facts and make recommendations
concerning the fiscal implications of the organization and functions of the
state and its agencies.
     (d) Ascertain facts and make
recommendations on such other matters as may be provided for by joint or
concurrent resolution.
     (e) Furnish such assistance in the
performance of their duties as is requested by the House Revenue Committee, the
Senate Revenue Committee, the Legislative Revenue Officer and other legislative
standing and interim committees and members of the Legislative Assembly.
     (2) Pursuant to the policies and
directions of the appointing authority, the Legislative Fiscal Officer may
enter into contracts to carry out the functions of the Legislative Fiscal
Officer. [1959 c.70 §2; 1971 c.679 §2; 1975 c.789 §7; 1999 c.207 §2; 2001 c.158
§1]
     173.430 [1959 c.70 §11; 1961 c.167 §14; repealed by
1971 c.679 §7]
     173.440 [1959 c.70 §§3,4,5; 1961 c.41 §1; 1961 c.167
§33a; repealed by 1971 c.679 §7]
     173.450
Employment of staff; compensation and expenses of staff members. (1) Subject to the approval of the
appointing authority, the Legislative Fiscal Officer may employ and fix the
compensation of such professional assistants and clerical and other employees
as the Legislative Fiscal Officer finds necessary for the effective conduct of the
work under the charge of the Legislative Fiscal Officer.
     (2) The appointing authority shall fix the
salary of the Legislative Fiscal Officer.
     (3) Subject to the limitations otherwise
provided by law for expenses of state officers, the Legislative Fiscal Officer
and members of the staff of the Legislative Fiscal Officer shall be reimbursed
for all actual and necessary expenses incurred in performing their duties. [1959
c.70 §§6,7,8; 1971 c.679 §3]
     173.455
Maintaining confidentiality of draft measures. The Legislative Fiscal Officer or any
employee of the Legislative Fiscal Officer may not reveal to any person not an
employee of the Legislative Fiscal Officer the contents or nature of any
confidential draft measure provided to the Legislative Fiscal Officer by the
Legislative Counsel. [2001 c.45 §5]
     173.460 [1965 c.113 §2; repealed by 1971 c.679 §7]
     173.500
Establishment; members; powers and duties. (1) There is established within the legislative department the Oregon State
Capitol Foundation. The foundation shall be composed of not fewer than nine and
not more than 25 voting members, who shall each serve a term of four years. The
President of the Senate shall appoint three voting members from members of the
Senate. The Speaker of the House of Representatives shall appoint three voting
members from members of the House of Representatives. The Legislative
Administration Committee shall appoint the remaining voting members. A member
is eligible for reappointment. At all times there shall be appointed to the
foundation an odd number of voting members. The foundation may appoint
honorary, nonvoting members to the foundation.
     (2) The Oregon State Capitol Foundation
shall:
     (a) Advise the Legislative Administration
Committee on the terms and conditions of contracts or agreements entered into
under ORS 276.002.
     (b) Recommend to the committee
renovations, repairs and additions to the State Capitol.
     (c) Recommend to the committee exhibits
and events for the State Capitol.
     (d) Deposit gifts, grants, donations and
moneys converted from gifts or donations of other than money into separate
trust accounts reserved for the purposes of the gifts, grants and donations.
     (e) Develop, maintain and implement plans
to:
     (A) Enhance and embellish the State
Capitol in keeping with the design and purpose of the building and adjacent
areas; and
     (B) Preserve the history of activities of
state government that have occurred in the State Capitol and of persons who
have participated in state government in the State Capitol.
     (f) Adopt rules to guide the foundation
and implement the foundationÂ’s responsibilities under this subsection and the
foundationÂ’s authority under subsections (3) to (5) of this section.
     (g) Consult with any advisory committees the
Legislative Administration Committee may designate before the foundation makes
a recommendation required by this subsection.
     (3) The Oregon State Capitol Foundation
may:
     (a) Solicit and accept gifts, grants and
donations from public and private sources in the name of the foundation.
     (b) Under guidelines adopted by the
Legislative Administration Committee, expend moneys from the Oregon State
Capitol Foundation Fund for the purposes set out in subsection (2) of this
section, including but not limited to the reasonable and necessary operating
expenses of the foundation.
     (c) Convert gifts or donations other than
money into moneys.
     (d) Become or create an organization under
section 501(c)(3) of the Internal Revenue Code.
     (4)(a) As used in this subsection, “community
foundation” has the meaning given that term in ORS 348.580.
     (b) The Oregon State Capitol Foundation
may enter into agreements with a person, including a community foundation in
     (c) The Oregon State Capitol Foundation
shall include in any agreement entered into under this subsection a requirement
that:
     (A) The person conduct a periodic
independent financial audit of the moneys transferred to the person.
     (B) The person prepare an annual financial
report according to generally accepted accounting principles.
     (C) The person submit an annual financial
report to the Oregon State Capitol Foundation, the Legislative Administration
Committee and the Oregon Investment Council.
     (d) If a provision of an agreement entered
into under this subsection would cause the person to be out of compliance with
a federal law, the Oregon State Capitol Foundation may waive the provision.
     (5) The Oregon State Capitol Foundation
may, through the Legislative Administrator, enter into contracts or agreements
to implement the foundationÂ’s responsibilities and authority. ORS 279.835 to
279.855 and ORS chapters 279A, 279B and 279C do not apply to a contract or
agreement entered into by the foundation.
     (6) The Oregon State Capitol Foundation
may take action under this section upon a majority vote of a quorum of members.
A majority of the voting members of the foundation constitutes a quorum for the
transaction of business. [2001 c.118 §1; 2003 c.794 §197]
     173.510 [1965 c.581 §1; repealed by 1971 c.679 §7]
     173.520 [1965 c.581 §2; repealed by 1971 c.679 §7]
     173.530 [1965 c.581 §4; repealed by 1971 c.679 §7]
     173.540 [1965 c.581 §§6, 10; 1969 c.314 §11;
repealed by 1971 c.679 §7]
     173.550 [1965 c.581 §11; repealed by 1971 c.679 §7]
     173.560 [1965 c.581 §12; repealed by 1971 c.679 §7]
     173.570 [1965 c.581 §9; repealed by 1971 c.679 §7]
     173.580 [1965 c.581 §7; repealed by 1971 c.679 §7]
     173.590 [1965 c.581 §8; repealed by 1971 c.679 §7]
     173.600 [1965 c.581 §5; repealed by 1971 c.679 §7]
NATURAL
RESOURCES POLICY ADMINISTRATOR
     173.610
Appointing authority for Natural Resources Policy Administrator; selection of
administrator. (1) As used
in this section and ORS 173.620 and 173.630, “appointing authority” means the
President and Minority Leader of the Senate and the Speaker and Minority Leader
of the House of Representatives.
     (2) The appointing authority shall select
the Natural Resources Policy Administrator by unanimous agreement. The
administrator shall serve at the pleasure and under the direction of the
appointing authority. [1999 c.1048 §1]
     173.620
Duties of Natural Resources Policy Administrator. (1) Pursuant to the policies and directions
of the appointing authority, the Natural Resources Policy Administrator shall:
     (a) Upon written request of a member or
committee of the Legislative Assembly, prepare or assist in the preparation of
studies and reports and provide information and research assistance on matters
relating to the natural resources of this state and to any other relevant
matters.
     (b) Ascertain facts concerning the natural
resources of this state.
     (c) Make recommendations to the
Legislative Assembly concerning the natural resources policy of this state.
     (d) Prepare analyses of the effect of all
natural resources measures before the Legislative Assembly and of all other
measures affecting the natural resources of this state.
     (e) Assist in the preparation of measures
affecting the natural resources of this state.
     (f) Perform such duties as may be directed
by joint or concurrent resolution of the Legislative Assembly.
     (g) Adopt rules relating to the submission,
processing and priorities of requests. Rules adopted under this paragraph shall
be in conformance with any applicable rules of the House of Representatives or
the Senate.
     (h) Seek the advice and assistance of
political subdivisions of this state, governmental agencies and any interested
persons, associations or organizations in the performance of the duties of the
administrator.
     (i) Provide information to the public
about legislative action concerning the natural resources of this state.
     (2) Pursuant to the policies and
directions of the appointing authority, the Natural Resources Policy
Administrator may enter into contracts to carry out the functions of the
Natural Resources Policy Administrator. [1999 c.1048 §2; 2001 c.158 §2]
     173.630
Employment of staff; compensation and expenses of staff members. (1) Subject to the approval of the
appointing authority, the Natural Resources Policy Administrator may employ and
fix the compensation of such professional assistants and clerical and other
employees as the administrator finds necessary for the effective conduct of the
work under the charge of the administrator.
     (2) The appointing authority shall fix the
salary of the administrator.
     (3) Subject to the limitations otherwise
provided by law for expenses of state officers, the administrator and members
of the staff of the administrator shall be reimbursed for all actual and
necessary expenses incurred in performing their duties. [1999 c.1048 §3]
     173.640
Confidential nature of matters handled by administrator and staff;
administrator and staff prohibited from influencing legislation. (1) Neither the Natural Resources Policy
Administrator nor an employee of the administrator may reveal to a person not
an employee of the administrator the contents or nature of a matter before the
administrator in the official capacity of the administrator, if the person who
brings the matter before the administrator designates the matter as
confidential.
     (2) Neither the administrator nor an
employee of the administrator may oppose, urge or attempt to influence
legislation. [1999 c.1048 §4]
LEGISLATIVE
ADMINISTRATION COMMITTEE
     173.710
Legislative Administration Committee and office of Legislative Administrator
established. The Legislative
Administration Committee hereby is established as a joint committee of the
Legislative Assembly. The committee shall select a Legislative Administrator
who shall serve at the pleasure of the committee and under its direction. [1969
c.620 §1; 1971 c.638 §8]
     173.720
Duties of Legislative Administrator. (1) Pursuant to the policies and directions of the Legislative
Administration Committee, the Legislative Administrator shall:
     (a) Coordinate administrative operations
of the Legislative Assembly in order to ensure efficient work flow.
     (b) Develop standard formats for
legislative manuals and interim committee reports.
     (c) Review legislative organization, rules
and procedure in cooperation with the Legislative Counsel with the intent of
modernizing legislative operations.
     (d) Conduct a continuing study of possible
applications of technological changes and improvements, such as data processing
and electronic equipment, to improve legislative procedures, and when
considered advisable, make recommendations to adopt such applications.
     (e) Arrange for and coordinate orientation
conferences for members of the Legislative Assembly that shall include, but
need not be limited to, education about recycling programs available in the
State Capitol.
     (f) Study and make recommendations on
legislative compensation and working conditions.
     (g) Control all space and facilities
within the State Capitol and such other space as is assigned to the Legislative
Assembly.
     (h) Direct renovation and repair of the
State Capitol, renovation, repair and replacement of State Capitol fixtures and
facilities, and artistic and other aesthetic improvements to the State Capitol
and adjacent areas.
     (i) Exercise continuing supervision,
coordination and support of clerical and administrative services to legislative
interim committees, including consideration of adequacy of staff and
administrative services for such committees.
     (j) Perform administrative service
functions for the Legislative Assembly, including but not limited to
accounting, data processing, personnel administration, printing, supply, space
allocation and property management.
     (k) Provide research facilities and
services to members of the Legislative Assembly and committees thereof.
     (L) Arrange for the printing and
distribution of legislative manuals and interim committee reports.
     (m) Establish fee schedules for
legislative measures, calendars, indexes and digests.
     (n) Coordinate the use of legislative
supplies, materials, equipment and other property by legislative interim
committees and by standing committees of the Legislative Assembly.
     (2) Pursuant to the policies and
directions of the Legislative Administration Committee, the Legislative
Administrator may enter into contracts to carry out the functions of the
Legislative Administrator. [1969 c.620 §3; 1971 c.638 §9; 1977 c.121 §2; 1997
c.552 §28; 1997 c.817 §1; 1999 c.207 §3; 2001 c.158 §3]
     173.730
Committee membership; status; term; chairperson. (1) The Legislative Administration Committee
shall consist of the Speaker of the House of Representatives, the President of
the Senate, members of the House appointed by the Speaker and members of the
Senate appointed by the President. The Speaker of the House of Representatives
and the President of the Senate may each designate an alternate from time to
time from among the members of the house over which that person presides to
exercise the powers, except as cochairperson, as a member of the committee. No
more than three House members of the committee shall be of the same political
party. No more than three Senate members of the committee shall be of the same
political party.
     (2) The committee has a continuing
existence and may meet, act and conduct its business during sessions of the
Legislative Assembly or any recess thereof, and in the interim period between
sessions.
     (3) The term of a member shall expire upon
the convening of the Legislative Assembly in regular session next following the
commencement of the memberÂ’s term. When a vacancy occurs in the membership of
the committee in the interim between sessions, until such vacancy is filled,
the membership of the committee shall be deemed not to include the vacant
position for the purpose of determining whether a quorum is present and a
quorum is a majority of the remaining members.
     (4) The presiding officers shall act as
cochairpersons and may alternate at succeeding meetings as presiding
chairperson of the committee and vice chairperson thereof. The cochairpersons,
jointly or singly, may, in addition to other acts authorized, approve voucher
claims.
     (5) The committee may not transact
business unless a quorum is present. A quorum consists of a majority of
committee members from the House of Representatives and a majority of committee
members from the Senate.
     (6) Action by the committee requires the
affirmative vote of a majority of committee members from the House of
Representatives and a majority of committee members from the Senate. [1969
c.620 §2; 1971 c.638 §10; 1975 c.530 §5; 1977 c.121 §3; 2007 c.790 §5]
     173.740
Employment of staff; compensation and expenses of staff; staff prohibited from
influencing legislation. (1)
Subject to the approval of the Legislative Administration Committee, the
Legislative Administrator may employ and fix the compensation of such
assistants and clerks as the Legislative Administrator finds necessary for the
effective conduct of the work under the charge of the Legislative
Administrator.
     (2) The Legislative Administration
Committee shall fix the annual salary of the Legislative Administrator.
     (3) Neither the Legislative Administrator
nor any employee of the committee shall oppose, urge or attempt to influence
any measure pending before the Legislative Assembly.
     (4) Subject to the limitations otherwise
provided by law for the expenses of state officers, the Legislative Administrator
and members of the staff of the Legislative Administrator shall be reimbursed
for all actual and necessary expenses incurred in performing their duties. [1969
c.620 §4]
     173.750
Effect of expiration of terms of committee members. The expiration of the terms of members of
the Legislative Administration Committee upon the convening of the Legislative
Assembly in regular session next following the commencement of their terms, as
provided in ORS 173.730, does not affect the employment of any individual filling
a position previously approved by the committee. After the convening of the
Legislative Assembly in regular session and until such time as the newly
appointed committee provides otherwise, the Legislative Administrator may
employ and fix the compensation of individuals the Legislative Administrator
deems necessary for the effective conduct of the work under the charge of the
Legislative Administrator. [1969 c.620 §5]
     173.760
Advisory committees; compensation and expenses. (1) The Legislative Administration Committee
from time to time may appoint such advisory committees consisting of members of
the Legislative Assembly and others as are necessary to assist the committee in
carrying out its functions as provided by law.
     (2) A member of an advisory committee who
is a member of the Legislative Assembly shall be entitled to receive the per
diem specified in ORS 171.072 from funds appropriated to the Legislative
Assembly for each day of performance of duties as an advisory committee member.
Other members are entitled to compensation and expenses as provided in ORS
292.495. Expenses incurred under this section are payable from funds
appropriated or otherwise available to the Legislative Administration
Committee. [1977 c.121 §4; 1987 c.879 §4]
     173.763
Electronic distribution of information; no fee for distribution; reservation of
copyright and other proprietary interest. (1)(a) The Legislative Administration Committee in conjunction with
the Legislative Counsel Committee shall, with the advice of the President of
the Senate, through the Secretary of the Senate, and the Speaker of the House
of Representatives, through the Chief Clerk of the House of Representatives,
make all of the following information available to the public and members of
the Legislative Assembly in electronic form:
     (A) The legislative calendar, the schedule
of legislative committee hearings, a list of matters pending on the floors of
both houses of the Legislative Assembly and a list of the committees of the
Legislative Assembly and their members.
     (B) The text of each bill introduced in
each current legislative session, including each amended and enrolled form of
the bill.
     (C) The bill history of each bill
introduced and amended in each current legislative session.
     (D) The bill status of each bill
introduced and amended in each current legislative session.
     (E) All vote information concerning each
bill in each current legislative session.
     (F) Any veto message concerning a bill in
each current legislative session.
     (G) The
     (H) All Oregon Laws enacted on and after
September 9, 1995.
     (I) The Constitution of the
     (b) The Legislative Administration
Committee, in its discretion, may make available in electronic form to the
public and members of the Legislative Assembly Staff Measure Summaries for each
bill in a current legislative session.
     (2)(a) The information identified in
subsection (1) of this section shall be made available to the public through
the largest nonproprietary, nonprofit cooperative public computer network. The
information shall be made available in one or more formats and by one or more
means in order to provide the general public in this state with the greatest
feasible access. Any person who accesses the information may access all or any
part of the information. The information may also be made available by any
other means that would facilitate public access to the information.
     (b) Except as provided in paragraph (c) of
this subsection, the Legislative Administration Committee shall determine the
most cost-effective formats and procedures for the timely release of the
information in electronic form.
     (c) Pursuant to ORS 171.275, the
Legislative Counsel Committee, in its discretion, may authorize the release of
the text of Oregon Revised Statutes in electronic form.
     (3) Any documentation that describes the
electronic digital formats of the information identified in subsection (1) of
this section and is available to the public shall be made available through the
computer network specified in subsection (2) of this section.
     (4) Personal information concerning a
person who accesses the information identified in subsection (1) of this
section may be maintained only for the purpose of providing service to the
person.
     (5) No fee or other charge may be imposed
by the Legislative Administration Committee as a condition of accessing the
information identified in subsection (1) of this section through the computer
network specified in subsection (2) of this section.
     (6) No action taken pursuant to this
section shall be deemed to alter or relinquish any copyright or other
proprietary interest or entitlement of the State of
     173.766
Electronic mail address; website. (1) The Legislative Administration Committee shall make available to
each member of the Legislative Assembly an electronic mail address accessible
by Oregonians through the largest nonproprietary, nonprofit cooperative public
computer network.
     (2) All state agencies shall cooperate
with the Legislative Administration Committee in the implementation of
subsection (1) of this section and ORS 171.795, 173.763 and 183.365.
     (3) If the Legislative Administration
Committee makes available to each member of the Legislative Assembly a webpage
on the website of the Legislative Assembly, employees of the committee shall
post material on a memberÂ’s webpage or install or maintain links from the
memberÂ’s webpage to other websites in the manner directed by the member. If the
posting of material or installation or maintenance of a link results in a
violation of law:
     (a) The member who directed the posting of
material or installation or maintenance of the link is liable for the
violation; and
     (b) An employee of the committee who posts
the material or installs or maintains the link at the direction of a member is
not liable for the violation.
     (4) Subsection (3) of this section does
not authorize the posting of material or the installation or maintenance of any
link that is prohibited by any other law. [1995 c.614 §4; 2007 c.775 §1]
     173.770
Rules regarding fees for services and obtaining copyrights and patents. (1) The Legislative Administration Committee
may adopt rules to carry out its duties under statute or legislative rules or
directives, including setting and collecting fees for facilities and services
and obtaining copyrights and patents on copyrightable or patentable materials
developed, published or produced by committee staff.
     (2) Rules adopted under authority of this
section are not rules within the meaning of ORS chapter 183 and are not subject
to review under ORS 183.710 to 183.725. However, the Legislative Administration
Committee shall give reasonable notice of its intent to adopt rules and conduct
a hearing open to the public before adopting any rule.
     (3) As used in this section, “rule” means
any directive, standard or statement of general application that implements or
interprets the duties of the Legislative Administration Committee and includes
amendment or repeal of a prior rule but does not include internal management
directives or statements relating to committee business between committee
members or between committee members and committee staff or between committee
staff. [1979 c.740 §2]
     173.780
     173.785
Capitol gift shop; bidding; use of profits. (1) The Legislative Administration Committee directly or by contract
may establish a gift shop in the Capitol to provide for the retail sale of
     (2) All net profits from sales described
in subsection (1) of this section shall be applied to exceptional and otherwise
unbudgeted maintenance expenses and other expenses incurred for enhancement and
restoration of the Capitol and are continuously appropriated therefor. [1983
c.444 §5]
     173.790
Stores Revolving Account; Property and Supplies Stores Account. (1) There is established for the Legislative
Administration Committee a Stores Revolving Account. The committee may pay for
rent, staff, stocks of supplies, materials, equipment and fixtures used under
ORS 173.785 from the Stores Revolving Account for the purpose of supplying
current requirements, the cost of which shall be reimbursed to the revolving
account through receipts on the basis of sales. The moneys in the Stores
Revolving Account are appropriated continuously to the committee for the
purposes of this subsection.
     (2) Quarterly any amount in the Stores
Revolving Account in excess of $30,000 shall be transferred and credited to the
State Capitol Operating Account established under ORS 276.003, to be accounted
for separately and to be used as provided in ORS 173.785 (2). The use shall be
considered to be an operating and maintenance expense of the State Capitol.
     (3) There is established for the
Legislative Administration Committee a Property and Supplies Stores Account.
The committee may pay for rent, staff, stocks of supplies, materials, equipment
and fixtures used to provide supplies for resale to tenants of the State
Capitol from the Property and Supplies Stores Account for the purpose of
supplying current requirements, the cost of which shall be reimbursed to the
account through receipts on the basis of sales. The moneys in the Property and
Supplies Stores Account are appropriated continuously to the committee for the
purposes of this subsection. [1983 c.444 §6; 1987 c.704 §1; 2003 c.734 §22]
     173.795 [1993 c.433 §3a; repealed by 2003 c.734 §25]
LEGISLATIVE
REVENUE OFFICER
     173.800
Appointing authority for Legislative Revenue Officer; selection of officer. (1) As used in ORS 173.800 to 173.850,
during the interim between sessions of the Legislative Assembly, “appointing
authority” means the Interim Committee on Revenue if created, or, if no Interim
Committee on Revenue is created, means the Speaker of the House of
Representatives and the President of the Senate. During a session of the
Legislative Assembly, “appointing authority” means the House Revenue Committee
and the Senate Revenue Committee.
     (2) The appointing authority, with the
approval of the Speaker of the House of Representatives and the President of
the Senate, shall select a Legislative Revenue Officer who shall serve at the
pleasure of the appointing authority and under its direction. [1975 c.789 §1]
     173.810
Employment of staff; compensation and expenses. (1) Subject to the approval of the
appointing authority, the Legislative Revenue Officer may employ and fix the
compensation of such professional assistants and clerical and other employees
as the Legislative Revenue Officer finds necessary for the effective conduct of
the work under the charge of the Legislative Revenue Officer.
     (2) The appointing authority shall fix the
salary of the Legislative Revenue Officer.
     (3) Subject to the limitations otherwise
provided by law for expenses of state officers, the Legislative Revenue Officer
and members of the staff of the Legislative Revenue Officer shall be reimbursed
for all actual and necessary expenses incurred in performing their duties. [1975
c.789 §2]
     173.820
Duties and powers. (1)
Pursuant to the policies and directions of the appointing authority, the
Legislative Revenue Officer shall:
     (a) Upon written request of a member of
the Legislative Assembly or any committee thereof, prepare or assist in the
preparation of studies and reports and provide information and research
assistance on matters relating to taxation and to the revenue of this state and
to any other relevant matters.
     (b) Ascertain facts concerning revenues
and make estimates concerning state revenues.
     (c) Ascertain facts and make recommendations
to the Legislative Assembly concerning the GovernorÂ’s tax expenditure report.
     (d) Prepare analyses of and
recommendations on the fiscal impact of all revenue measures reported out of
committees of the Legislative Assembly and of all other measures reported out
of committees of the Legislative Assembly that affect the revenue of this
state.
     (e) Perform such duties as may be directed
by joint or concurrent resolution of the Legislative Assembly.
     (f) Adopt rules relating to the
submission, processing and priorities of requests. Rules adopted under this
paragraph shall be in conformance with any applicable rule of the House of
Representatives or the Senate. Requests made by joint or concurrent resolution
of the Legislative Assembly shall be given priority over other requests
received or initiated by the Legislative Revenue Officer. Rules adopted under
this paragraph shall be reviewed and approved by the appointing authority prior
to their adoption.
     (g) Seek the advice and assistance of
political subdivisions of this state, governmental agencies and any interested
persons, associations or organizations in the performance of the duties of the
Legislative Revenue Officer.
     (h) Perform such other duties as may be
prescribed by law.
     (2) Pursuant to the policies and
directions of the appointing authority, the Legislative Revenue Officer may
enter into contracts to carry out the functions of the Legislative Revenue
Officer. [1975 c.789 §3; 1995 c.746 §72; 1999 c.207 §4; 2001 c.158 §4; 2007
c.828 §4]
     173.830
Authority to accept and expend funds; disposition of moneys received. (1) The Legislative Revenue Officer may
accept, receive, receipt for, disburse and expend federal moneys and other
moneys, public or private, for the accomplishment of the purposes of ORS
173.800 to 173.850.
     (2) All federal moneys accepted under this
section shall be accepted and transferred or expended by the Legislative
Revenue Officer upon such terms and conditions as are prescribed by the
     (3) All other moneys accepted under this
section shall be accepted and transferred or expended by the Legislative
Revenue Officer upon such terms and conditions as are prescribed by law.
     (4) All moneys received by the Legislative
Revenue Officer pursuant to this section shall be deposited in the State
Treasury and, unless otherwise prescribed by the authority from which such
moneys were received, shall be kept in separate funds designated according to
the purposes for which the moneys were made available, and held by the state in
trust for such purposes. All such moneys are continuously appropriated to the
Legislative Revenue Officer for the purposes for which they were made
available, to be disbursed or expended in accordance with the terms and
conditions upon which they were made available. [1975 c.789 §4]
     173.840
Designation as applicant for certain federal programs. The Legislative Revenue Officer is
designated as the eligible applicant for the State of
     173.850
Department of Revenue to provide assistance; status of reports and information. (1) Subject to subsection (2) of this
section, when requested to do so, the Department of Revenue shall:
     (a) Advise and assist the Legislative
Revenue Officer, staff and employees with respect to the duties imposed upon
the Legislative Revenue Officer by ORS 173.800 to 173.850 or any resolution of
the Legislative Assembly;
     (b) Disclose and give access to the
Legislative Revenue Officer, staff and employees of the Legislative Revenue
Officer, to tax and revenue information, including the information described in
ORS 308.290 and 314.835, and other information the Legislative Revenue Officer
considers necessary and appropriate to the efficient performance of duties
under ORS 173.800 to 173.850 or any resolution of the Legislative Assembly; and
     (c) Assist in the compilation,
assimilation and integration of such information.
     (2)(a) The department shall disclose and
give access to the Legislative Revenue Officer or any authorized
representatives to the information described in ORS 314.835 only if the request
for the information is made in writing, specifies the purposes for which the
request is made or information required and is signed by the Legislative
Revenue Officer or an authorized representative. The form for request for
information made under this paragraph shall be prescribed by the Legislative
Revenue Officer and approved by the Director of the Department of Revenue.
     (b) The department shall keep on file the
request for information made pursuant to this subsection. The requests
constitute a public record within the meaning of ORS 192.410 to 192.505. ORS
314.835 and 314.840 (3) relating to the confidentiality of tax information
apply to the Legislative Revenue Officer, authorized representatives, staff and
employees of the Legislative Revenue Officer.
     (c) As used in this subsection, “authorized
representative” means a person who, after consultation with the Director of the
Department of Revenue, the Legislative Revenue Officer has certified as an
authorized representative. A copy of the certificate shall be filed with the
department.
     (3) Reports, estimates and analyses of the
Legislative Revenue Officer based upon the information described in ORS 308.290
and 314.835 obtained under this section shall be classified in such a manner as
to prevent the identification of particular reports and returns and the items
thereof. [1975 c.789 §5; 1985 c.565 §18]
     173.855
Maintaining confidentiality of draft measures. The Legislative Revenue Officer or any
employee of the Legislative Revenue Officer may not reveal to any person not an
employee of the Legislative Revenue Officer the contents or nature of any
confidential draft measure provided to the Legislative Revenue Officer by the
Legislative Counsel. [2001 c.45 §6]
     173.860 [1979 c.783 §4; repealed by 1981 c.704 §1]
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