US Laws, Codes, Statutes & Cases

Chapter 173 — Legislative Service Agencies

 

2007 EDITION

 

LEGISLATIVE SERVICE AGENCIES

 

STATE LEGISLATIVE DEPARTMENT AND LAWS

 

GENERAL PROVISIONS

 

173.005     Personnel policies for employees of statutory committees

 

173.007     Personnel policies applicable to regular employees of Legislative Assembly

 

FISCAL AND REVENUE IMPACT STATEMENTS

 

173.025     Preparation of fiscal impact and revenue impact statements for legislation affecting local governments

 

173.029     Preparation of statements for legislation creating new crime or increasing period of incarceration

 

173.035     Submission of statements to Legislative Assembly; committee referral and review

 

173.045     Revision of statements

 

173.051     Preparation of fiscal impact statements for legislation increasing employer contributions under Public Employees Retirement System

 

173.055     Contracts to provide fiscal data

 

LEGISLATIVE COUNSEL COMMITTEE

 

173.111     Legislative Counsel Committee and office of Legislative Counsel established

 

173.120     Legislative Counsel to be in attendance upon legislative sessions

 

173.130     Performance of legislative services; charges

 

173.135     Participation in legal proceedings to protect legislative interests

 

173.140     Preparation of initiative measures

 

173.160     Powers and duties of Legislative Counsel in preparing editions for publication

 

173.191     Membership; term; vacancies; advisory committees

 

173.200     Selection of Legislative Counsel

 

173.210     Employment of staff

 

173.215     Effect of expiration of terms of committee members

 

173.220     Location of Legislative Counsel’s office

 

173.230     Confidential nature of matters handled by committee’s staff

 

173.240     Committee’s staff prohibited from influencing legislation

 

OREGON LAW COMMISSION

 

173.315     Oregon Law Commission established; duties; membership; chairperson

 

173.325     Compensation and expenses of members

 

173.328     Commission meetings

 

173.335     Commission staff; duties

 

173.338     Law revision program; drafting services

 

173.342     Commission biennial report to Legislative Assembly

 

173.345     Cooperation with bar associations or other associations

 

173.347     Appearance of commission members or staff before Legislative Assembly

 

173.352     Advisory and technical committees

 

173.355     Solicitation and receipt of gifts and grants

 

173.357     Disposition of moneys collected or received by commission

 

LEGISLATIVE FISCAL OFFICER

 

173.410     Appointing authority for Legislative Fiscal Officer; selection of officer

 

173.420     Duties of Legislative Fiscal Officer

 

173.450     Employment of staff; compensation and expenses of staff members

 

173.455     Maintaining confidentiality of draft measures

 

OREGON STATE CAPITOL FOUNDATION

 

173.500     Establishment; members; powers and duties

 

NATURAL RESOURCES POLICY ADMINISTRATOR

 

173.610     Appointing authority for Natural Resources Policy Administrator; selection of administrator

 

173.620     Duties of Natural Resources Policy Administrator

 

173.630     Employment of staff; compensation and expenses of staff members

 

173.640     Confidential nature of matters handled by administrator and staff; administrator and staff prohibited from influencing legislation

 

LEGISLATIVE ADMINISTRATION COMMITTEE

 

173.710     Legislative Administration Committee and office of Legislative Administrator established

 

173.720     Duties of Legislative Administrator

 

173.730     Committee membership; status; term; chairperson

 

173.740     Employment of staff; compensation and expenses of staff; staff prohibited from influencing legislation

 

173.750     Effect of expiration of terms of committee members

 

173.760     Advisory committees; compensation and expenses

 

173.763     Electronic distribution of information; no fee for distribution; reservation of copyright and other proprietary interest

 

173.766     Electronic mail address; website

 

173.770     Rules regarding fees for services and obtaining copyrights and patents

 

173.780     Sale or lease of data processing programs, materials and information

 

173.785     Capitol gift shop; bidding; use of profits

 

173.790     Stores Revolving Account; Property and Supplies Stores Account

 

LEGISLATIVE REVENUE OFFICER

 

173.800     Appointing authority for Legislative Revenue Officer; selection of officer

 

173.810     Employment of staff; compensation and expenses

 

173.820     Duties and powers

 

173.830     Authority to accept and expend funds; disposition of moneys received

 

173.840     Designation as applicant for certain federal programs

 

173.850     Department of Revenue to provide assistance; status of reports and information

 

173.855     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 employee’s employment by a statutory committee or office or by the Legislative Assembly. [1971 c.638 §15; 1979 c.468 §38; 1979 c.509 §1a]

 

      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 Governor’s designated representative. The Legislative Counsel may also prepare or assist in the preparation of legislative measures that are requested in writing by the Judicial Department, the Governor, the Secretary of State, the State Treasurer, the Attorney General, the Commissioner of the Bureau of Labor and Industries or the Superintendent of Public Instruction. In accordance with ORS 283.110, the Legislative Counsel may charge the agency or officer for the services performed.

      (3) The Legislative Counsel shall give such consideration to and service concerning any measure or other legislative matter before the Legislative Assembly as is requested by the House of Representatives, the Senate or any committee of the Legislative Assembly that has the measure or other matter under consideration.

      (4) The Legislative Counsel, pursuant to the policies and directions of the Legislative Counsel Committee and in conformity with any applicable rules of the House of Representatives or Senate, shall perform or cause to be performed research service requested by any member or committee of the Legislative Assembly in connection with the performance of legislative functions. Research assignments made by joint or concurrent resolution of the Legislative Assembly shall be given priority over other research requests received by the Legislative Counsel. The research service to be performed includes the administrative services incident to the accomplishment of the research requests or assignments.

      (5) The Legislative Counsel shall give an opinion in writing upon any question of law in which the Legislative Assembly or any member or committee of the Legislative Assembly may have an interest when the Legislative Assembly or any member or committee of the Legislative Assembly requests the opinion. Except as provided in subsection (2) of this section and ORS 173.135, the Legislative Counsel shall not give opinions or provide other legal services to persons or agencies other than the Legislative Assembly and members and committees of the Legislative Assembly.

      (6) The Legislative Counsel may enter into contracts to carry out the functions of the Legislative Counsel. [1953 c.492 §3; 1959 c.295 §2; 1973 c.226 §1; 1979 c.237 §1; 1999 c.117 §2; 1999 c.207 §1; 2001 c.45 §2; 2001 c.104 §57]

 

      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 member’s appointment. Vacancies occurring in the membership of the committee shall be filled by the appointing authority.

      (3) The committee has a continuing existence and may meet, act and conduct its business during the sessions of the Legislative Assembly or any recess thereof, and in the interim period between sessions but the committee has no authority to affect the rules of either house.

      (4) The 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 United States.

      (2) The Legislative Counsel Committee shall fix the annual salary of the Legislative Counsel. Subject to the limitations otherwise provided by law for expenses of state officers, the Legislative Counsel shall be reimbursed for actual and necessary expenses incurred or paid by the Legislative Counsel in the performance of duties of the Legislative Counsel. [1953 c.492 §10; 1999 c.117 §5]

 

      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 Counsel’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 committee’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 Committee’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]

 

OREGON LAW COMMISSION

 

      173.315 Oregon Law Commission established; duties; membership; chairperson. (1) The Oregon Law Commission is established to conduct a continuous substantive law revision program, including but not limited to the subjects stated in ORS 173.338.

      (2) The Oregon Law Commission shall consist of:

      (a) Two persons, at least one of whom is a Senator at the time of appointment, appointed by the President of the Senate;

      (b) Two persons, at least one of whom is a Representative at the time of appointment, appointed by the Speaker of the House of Representatives;

      (c) The deans of Oregon’s accredited law schools, or their designees;

      (d) Three persons designated by the Board of Governors of the Oregon State Bar;

      (e) The Attorney General or the Attorney General’s designee;

      (f) The Chief Justice of the Supreme Court or the Chief Justice’s designee; and

      (g) One person appointed by the Governor.

      (3) The term of office of each appointed member of the Oregon Law Commission is two years. Before the expiration of the term of a member, the appointing authority shall appoint a successor whose term begins on September 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective for the unexpired term. A member shall be removed from the commission if the member misses three consecutive meetings without prior approval of the chairperson.

      (4) The Oregon Law Commission shall elect its chairperson and vice chairperson from among the members with such powers and duties as the commission shall determine.

      (5) A majority of the members of the commission constitutes a quorum for the transaction of business. [1981 c.813 §1; 1997 c.661 §1]

 

      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 Oregon into harmony with modern conditions.

      (e) The express repeal of all statutes repealed by implication or held unconstitutional by state and federal courts.

      (2) The Legislative Counsel shall provide necessary drafting 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 Governor’s budget report.

      (b) Ascertain facts concerning state expenditures and make estimates concerning state expenditures.

      (c) Ascertain facts and make recommendations concerning the fiscal implications of the organization and functions of the state and its agencies.

      (d) Ascertain facts and make recommendations on such other matters as may be provided for by joint or concurrent resolution.

      (e) Furnish such assistance in the performance of their duties as is requested by the House Revenue Committee, the Senate Revenue Committee, the Legislative Revenue Officer and other legislative standing and interim committees and members of the Legislative Assembly.

      (2) Pursuant to the policies and directions of the appointing authority, the Legislative Fiscal Officer may enter into contracts to carry out the functions of the Legislative Fiscal Officer. [1959 c.70 §2; 1971 c.679 §2; 1975 c.789 §7; 1999 c.207 §2; 2001 c.158 §1]

 

      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]

 

OREGON STATE CAPITOL FOUNDATION

 

      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