2007 Oregon Code - Chapter 171 :: TITLE 17
TITLE 17
STATE
LEGISLATIVE DEPARTMENT AND LAWS
Chapter 171. State Legislature
172. Commission on Uniform Laws; Commission on
Indian Services
173. Legislative Service Agencies
174. Construction of Statutes; General
Definitions
_______________
Chapter 171
State Legislature
2007 EDITION
STATE LEGISLATURE
STATE LEGISLATIVE DEPARTMENT AND LAWS
GENERAL PROVISIONS
(Sessions)
171.010 Time
and place of holding regular legislative sessions
171.015 Emergency
legislative sessions; procedure for determining legislators request for or
refusal of emergency sessions; time and manner of convening sessions
(Effective Date)
171.022 Effective
date for Act of Legislative Assembly
(Resignation)
171.023 When
member-elect may resign
(Vacancies)
171.051 Filling
vacancies in Legislative Assembly
171.060 Procedure
for filling vacancy by appointment
171.062 Filling
vacancies in multicounty legislative districts
171.064 Apportioning
votes for filling vacancies in multicounty legislative districts
171.068 Procedure
when vacancy filled after reapportionment
(Salaries and Expenses)
171.072 Salary
of members and presiding officers; per diem allowance; expenses; tax status
171.113 Use
of state provided telephones
(Funds)
171.115 Revolving
fund; warrants
171.117 Lounge
Revolving Account
(Employment Rights)
171.120 Purpose
of ORS 171.120 to 171.125; unlawful employment practices
171.122 Rights
and benefits of legislators and prospective legislators in relation to their
regular employment
171.125 Proceeding
to require compliance with ORS 171.120 and 171.122
(Measure Filing)
171.127 When
proposed measure to bear name of person other than member requesting
introduction; statement of chief sponsor
171.130 Presession
filing of proposed measures; printing and distribution
171.133 Approval
of Governor required for measure introduction
(Readability)
171.134 Readability
test for legislative digests and summaries
(Supplies)
171.136 Supplies
and equipment
ELECTION DATES
171.180 State
policy governing election dates
171.185 Dates
for legislatively prescribed elections; emergency election
PUBLICATIONS
171.200 Publications
defined for ORS 171.206
171.206 Legislative
publications; distribution; form and number; charges; disposition
171.236 Advance
sheets; session laws; publication; distribution; form and number; charges;
disposition
171.245 Legislative
Publications Account
171.255 Evidentiary
status of published session laws
171.270 Legislative
materials furnished public officers without charge are public property
171.275 Oregon
Revised Statutes; committee policy; charges
171.285 Legislative
Counsel certificate
171.295 Preservation
and use of ORS medium
171.305 ORS
Revolving Account
171.315 Distribution
of ORS
171.325 Certified
copy of statute or rule of civil procedure published in Oregon Revised
Statutes; form; fee
RECORDS
171.405 Binding
original enrolled laws and joint resolutions
171.407 Sound
recordings of legislative proceedings; public access
171.410 Legislative
record defined for ORS 171.410 to 171.430
171.415 Delivery
to Legislative Administration Committee; exception
171.420 Classification
and arrangement; delivery to State Archivist
171.425 Borrowing
by certain legislative personnel
171.427 Schedule
for retention, destruction or disposition of records
171.430 Disposal
by certain committees; sound recordings by certain committees
INVESTIGATIONS OF LEGISLATOR AND
LEGISLATOR-ELECT
171.450 Legislative
intent
171.455 Complaint
of elector; content
171.460 Secretary
of State to conduct investigation; findings; report
171.465 Credentials
committee; appointment; duties
WITNESSES IN LEGISLATIVE PROCEEDINGS
171.505 Administering
oaths to witnesses
171.510 Legislative
process to compel attendance and production of papers; service
171.515 Reimbursement
of witnesses appearing under legislative process
171.520 Reporting
violations of ORS 171.510
171.522 Judicial
enforcement of legislative process; order; service
171.525 Immunities
of witness before legislative committee
171.530 Privilege
of witness before legislative committee
WAYS AND MEANS COMMITTEE
171.555 Joint
Committee on Ways and Means
STATE BUDGET POLICY
171.557 State
budget policy
171.559 Duty
of Joint Legislative Committee on Ways and Means
SENATE CONFIRMATION OF EXECUTIVE APPOINTMENTS
171.562 Procedures
for confirmation
171.565 Vote
required for confirmation; interim Senate meetings
COMPENSATION AND CLASSIFICATION SYSTEM
OVERSIGHT
171.575 Oversight
over state compensation and classification system
AUDIT COMMITTEE
171.580 Joint
Legislative Audit Committee
171.585 Duties
of committee
171.590 Cooperation
of state agencies
INTERIM COMMITTEES
171.605 Construction
of ORS 171.605 to 171.635
171.610 Functions
171.615 Duration
171.620 Powers
171.630 Vacancies;
appointment of alternates by presiding officers
171.635 Appointment
of nonlegislators
171.640 Appointment
of interim committees; membership; topics of study; employees; expenses
INTERIM AUTHORITY FOR STAFF AND DISBURSEMENTS
171.650 Interim
staff for presiding officers
171.670 Authority
for approval of disbursements during interim
LOBBYING REGULATION
171.725 Definitions
for ORS 171.725 to 171.785
171.730 Legislative
finding
171.735 Exceptions
to application of ORS 171.740 and 171.745
171.740 Lobbyist
registration; contents of statement
171.745 Lobbyist
statements of expenditures
171.750 Lobbyist
employer statements of expenditures
171.752 Time
for filing statements
171.756 Prohibited
conduct
171.762 Verification
of reports, registrations and statements
171.764 False
statement or misrepresentation by lobbyist or public official; defense
171.766 Status
of reports, registrations and statements
171.772 Forms
for reports, registration and statements; rules; electronic filing
171.776 Commission
duties; advisory opinions; status of opinions
171.778 Complaint
and adjudicatory process; confidential Preliminary Review Phase; Investigatory
Phase; possible actions by order; report of findings; contested case procedure;
limitation on commission action
171.785 Sanctions
prescribed by either chamber of Legislative Assembly; uniform application
CONTACT WITH LEGISLATIVE ASSEMBLY
171.790 Contact
with Legislative Assembly by local government officials and employees
171.795 Electronic
distribution of information
COMMITTEE ON INFORMATION MANAGEMENT AND
TECHNOLOGY
171.852 Joint
Legislative Committee on Information Management and Technology
171.855 Duties
of committee
COMMITTEE ON PUBLIC EDUCATION APPROPRIATION
171.857 Appointment;
quorum; report
WESTERN STATES LEGISLATIVE FORESTRY TASK
FORCE
171.860 Western
States Legislative Forestry Task Force; membership; duties; expenses
PACIFIC FISHERIES LEGISLATIVE TASK FORCE
171.865 Pacific
Fisheries Legislative Task Force; membership; duties; expenses
171.867 Columbia
River Resource Task Force; membership; duties; staff; expenses
STUDIES OF MANDATED HEALTH COVERAGE
171.870 Legislative
findings
171.875 Report
required to accompany measures proposing mandated coverage
171.880 Content
of report
PENALTIES
171.990 Penalty
for witness failing to appear or to give testimony in legislative proceeding
171.992 Civil
penalty for violation of lobby regulation; rules; report
CROSS-REFERENCES
Appointments by Presiding
Officers [See also cross-references under Joint Legislative Committees and
Legislators as Members Of]
Administrative Hearings Oversight
Committee, Office of, 183.690
Alcohol and Drug Abuse Programs,
Governors Council on, 430.255
Asian Affairs, Commission on,
185.610
Asset Forfeiture Oversight
Advisory Committee, 475A.155
Baseball stadium financing
committee, 184.406
Black Affairs, Commission on,
185.420
Capitol Foundation,
Charitable Checkoff Commission,
Child Care, Commission for,
657A.610
Children and Families, State
Commission on, 417.730
Compliance Advisory Panel, Small
Business Stationary Source Technical and Environmental Compliance Assistance
Program, 468A.330
Comprehensive Revenue
Restructuring, Task Force on (sunsets January 12, 2009), 2007 c.862 §1
Criminal Justice Commission,
Dairy Air Quality, Task Force on
(sunsets January 12, 2009), 2007 c.799 §3
Debt Policy Advisory Commission,
State, 286A.250
District Best Practices Advisory
Committee, 326.136
Economic and Community
Development Commission,
Education Commission of the
States, 348.950
Education System Design Team
(sunsets January 12, 2009), 2007 c.839 §15
Educators Health Benefits, Task
Force on (operative July 1, 2011, sunsets January 14, 2013), 2007 c.7 §20
Forest Resources Institute,
Fujian Sister State Committee,
285A.148
Genetic Privacy and Research,
Advisory Committee on, 192.549
Global Warming Commission,
Health Policy Commission,
Healthy Streams Partnership,
541.407
Hispanic Affairs, Commission on,
185.320
Homeland Security Council,
Hunger Relief Task Force, 458.532
Impact of Oregon Opportunity
program on Oregon Health and
Independent Multidisciplinary
Science Team, 541.409
Indian Services, Commission on,
172.110
Innovation Council,
Interim committees, 171.605 to
171.635
Interoperability Executive
Council, State (nonvoting membership), 401.871
Interstate Adult Offender
Supervision,
Juvenile Crime Prevention
Advisory Committee, 417.845
Land Use Planning, Oregon Task
Force on (sunsets January 1, 2010), 2005 c.703 §1
Law Commission,
Legislative Revenue Officer,
173.800
Long Term Care Advisory
Committee, 441.137
Medicaid Long Term Care Quality
and Reimbursement Advisory Council, 410.550
Medical Professional Liability
Insurance, Professional Panel for Analysis of (sunsets January 2, 2014), 2003
c.781 §10
Natural Resources Policy
Administrator, 173.610
Obesity Prevention Initiative,
Task Force for a Comprehensive (sunsets January 12, 2009), 2007 c.904 §1
Pacific Fisheries Legislative
Task Force, 171.865
Pacific Marine Fisheries
Commission, 507.050
Pain Management Commission,
409.520
Progress Board,
Public Employees Benefit Board,
243.061
Public Officials Compensation
Commission, 292.907
Public Safety Strategies Task
Force (sunsets January 12, 2009), 2007 c.832 §1
Road User Fee Task Force (sunsets
January 2, 2010), 2001 c.862 §2
Senior Services, Governors
Commission on, 410.330
Sensitive review committee,
409.194
Shared Responsibility Steering
Committee (sunsets January 2, 2012), 2007 c.802 §8
Shipping Transport of Aquatic
Invasive Species Task Force (sunsets January 12, 2009), 2007 c.816 §1
Sign Task Force (sunsets January
12, 2009), 2007 c.199 §26
Sister State Committee, 285A.143
Trust for Cultural Development
Board, 359.410
Western States Legislative
Forestry Task Force, 171.860
Women, Commission for, 185.520
Workforce Investment Board,
State, 660.321
Youth Conservation Corps Advisory
Committee,
Confirmation by Senate of Appointments To [Generally, procedures,
171.562, 171.565]
[Generally, vacancy in office
resulting from failure to confirm, 236.010]
Accountancy,
Administrative Services, Oregon
Department of, Director, 184.315
Affirmative Action, Director of,
243.315
Agriculture, Director of, 561.010
Appraiser Certification and
Licensure Board, 674.305
Apprenticeship and Training
Council, State, 660.110
Asian Affairs, Commission on,
185.610
Aviation Board, State, 835.102
Aviation, Oregon Department of,
Director, 835.106
Black Affairs, Commission on,
185.420
Blind, Commission for the,
346.130
Boiler Rules, Board of, 480.535
Building Codes Structures Board,
455.144
Children and Families, State
Commission on, 417.730
Chiropractic Examiners, State
Board of, 684.130
Construction Contractors Board,
701.205
Consumer and Business Services,
Department of, Director, 705.105
Corrections, Department of,
Director, 423.075
Criminal Justice Commission,
Dentistry,
Direct Entry Midwifery, State
Board of, 687.470
Economic and Community
Development Commission,
Economic and Community
Development Department, Director of, 285A.070
Education, State Board of,
326.021
Educators Benefit Board,
Electrical and Elevator Board,
455.144
Employment Appeals Board, 657.685
Employment Department, Director
of, 657.608
Employment Relations Board,
240.065
Energy Facility Siting Council,
469.450
Environmental Quality Commission,
468.010
Fair Dismissal Appeals Board,
342.930
Fish and Wildlife Commission,
State, 496.090
Forestry, State Board of, 526.009
Geology and Mineral Industries,
governing board of the State Department of, 516.080
Government Ethics Commission,
Health Fund Board,
Health Policy and Research,
Administrator of Office for
Health Services Commission,
414.715
Higher Education, State Board of,
351.020
Hispanic Affairs, Commission on,
185.320
Home Care Commission, 410.602
Housing Council, State, 456.567
Human Services, Director of,
409.100
Investment Council,
Judicial Fitness and Disability,
Commission on, 1.410
Land Conservation and Development
Commission, 197.030
Land Use Board of Appeals,
197.810
Library, Trustees of the State,
357.010
Long Term Care Advisory
Committee, 441.137
Long Term Care Ombudsman, 441.103
Lottery Commission,
Lottery,
Marine Board, State, 830.105
Maritime Pilots,
Mass transit district board,
267.090
Mechanical Board, 455.144
Medical Board,
Naturopathic Examiners, Board of,
685.160
Nursing Home Administrators,
Board of Examiners of, 678.800
Nursing,
Ocean Policy Advisory Council,
196.438
Oregon Community Power board of
directors, 757.834
Outdoor Youth Program Advisory
Board, 418.243
Parks and Recreation Commission,
State, 390.114
Parole and Post-Prison
Supervision, State Board of, 144.015
Patient Safety Commission Board
of Directors,
Pharmacy, State Board of, 689.115
Plumbing Board, State, 693.115
Professional Liability Fund
commissions, 752.025
Psychiatric Security Review
Board, 161.385
Psychologist Examiners, State
Board of, 675.100
Public Employees Benefit Board,
243.061
Public Employees Retirement
Board, 238.630
Public Officials Compensation
Commission, 292.907
Public Safety Standards and
Training, Board on, 181.620
Public Utility Commission of
Quality Education Commission,
327.500
Racing Commission,
Real Estate Commissioner, 696.375
Residential Structures Board,
455.144
Revenue, Department of, Director,
305.035
Sex Offender Treatment Board,
675.395
Spinal Cord Injury Research
Board, 431.290
State Accident Insurance Fund
Corporation, Board of Directors of, 656.751
State Police, Superintendent of,
181.200
Student Assistance Commission,
Sustainability Board, 184.427
Tax Practitioners, State Board
of, 673.725
Teacher Standards and Practices
Commission, 342.350
Tourism Commission,
Transportation Commission,
Transportation, Director of,
184.620
Trust for Cultural Development
Board, 359.410
Veterans Affairs, Director of,
406.020
Veterinary Medical Examining
Board,
Volunteers Commission for
Voluntary Action and Service,
Wage and Hour Commission, 653.505
Water Resources Commission,
536.022
Water Resources Director, 536.032
Watershed Enhancement Board,
Executive
director, 541.362
Public
members, 541.360
Women, Commission for, 185.520
Workers Compensation Board,
656.712
Workers Compensation
Management-Labor Advisory Committee, 656.790
Workforce Investment Board,
State, 660.321
Youth Authority,
Joint Legislative Committees
Audit, 171.580
Court Facilities, Interim
Committee on (sunsets January 12, 2009), 2007 c.860 §18
Court Technology, Interim
Committee on (sunsets January 12, 2009), 2007 c.860 §21
Emergency Board, 291.324
Information Management and
Technology, 171.852
Legislative Administration,
173.710
Legislative Counsel, 173.111
Post-secondary public education
appropriation, 171.857
Transportation, Joint Interim
Committee on (sunsets January 12, 2009), 2007 c.810 §1
Ways and Means, 171.555
Legislators as Members Of
[See also cross-references under
Appointments by Presiding Officers and Joint Legislative Committees]
Administrative Hearings Oversight
Committee, Office of, 183.690
Alcohol and Drug Abuse Programs,
Governors Council on (nonvoting membership), 430.255
Asian Affairs, Commission on,
185.610
Asset Forfeiture Oversight
Advisory Committee, 475A.155
Baseball stadium financing committee,
184.406
Black Affairs, Commission on,
185.420
Capitol Foundation,
Charitable Checkoff Commission,
Child Care, Commission for,
657A.610
Children and Families, State
Commission on (nonvoting membership), 417.730
Comprehensive Revenue
Restructuring, Task Force on (sunsets January 12, 2009), 2007 c.862 §1
Criminal Justice Commission,
Dairy Air Quality, Task Force on
(sunsets January 12, 2009), 2007 c.799 §3
Debt Policy Advisory Commission,
State, 286A.250
District Best Practices Advisory
Committee, 326.136
Economic and Community
Development Commission,
Education Commission of the
States, 348.950
Education System Design Team
(sunsets January 12, 2009), 2007 c.839 §15
Educators Health Benefits, Task
Force on (operative July 1, 2011, sunsets January 14, 2013), 2007 c.7 §20
Environmental Justice Task Force
(nonvoting membership), 182.538
Fujian Sister State Committee,
285A.148
Global Warming Commission,
Hanford Cleanup Board,
Health Policy Commission,
Hispanic Affairs, Commission on,
185.320
Historic Property, Task Force on
(sunsets on date of adjournment of 2009 regular legislative session), 2007
c.718 §5
Homeland Security Council,
Hunger Relief Task Force, 458.532
Impact of Oregon Opportunity
program on Oregon Health and
Indian Services, Commission on,
172.110
Initiative and referendum
explanatory statement committees, 251.205
Innovation Council,
Interagency Coordinating Council,
State, 343.499
Interoperability Executive
Council, State (nonvoting membership), 401.871
Juvenile Crime Prevention
Advisory Committee (nonvoting membership), 417.845
Law Commission,
National Guard, 399.210
Obesity Prevention Initiative,
Task Force for a Comprehensive (sunsets January 12, 2009), 2007 c.904 §1
Pacific Fisheries Legislative
Task Force, 171.865
Pacific Marine Fisheries
Commission, 507.050
Pacific Northwest Economic Region
delegate council, 285A.243
Pain Management Commission
(nonvoting membership), 409.520
Progress Board,
Public Employees Benefit Board
(nonvoting membership), 243.061
Public Safety Strategies Task
Force (sunsets January 12, 2009), 2007 c.832 §1
Referred measures, arguments in
support, committees, 251.245
Road User Fee Task Force (sunsets
January 2, 2010), 2001 c.862 §2
Seismic Safety Policy Advisory
Commission, 401.337
Senior Services, Governors
Commission on, 410.330
Sensitive review committee,
409.194
Shared Responsibility Steering
Committee (sunsets January 2, 2012), 2007 c.802 §8
Shipping Transport of Aquatic
Invasive Species Task Force (nonvoting membership) (sunsets January 12, 2009),
2007 c.816 §1
Sign Task Force (sunsets January
12, 2009), 2007 c.199 §26
Sister State Committee, 285A.143
Spinal Cord Injury Research
Board, 431.290
State lands advisory committee,
270.120
Trust for Cultural Development
Board (nonvoting membership), 359.410
Western States Legislative
Forestry Task Force, 171.860
Women, Commission for, 185.520
Workforce Investment Board, State
(nonvoting membership), 660.321
Youth Conservation Corps Advisory
Committee,
Reports to Legislative Assembly
[Generally, biennial reports,
period covered, 293.640] [Generally, manner of making, 192.245]
[Generally, receiving agency,
192.210]
[Generally, standardized forms,
exemption, 192.220]
Access and Habitat Board,
projects status, expenditures, joint report (biennial), 496.232
Administrative Hearings Oversight
Committee, Office of, 183.690
Administrative Services, Oregon
Department of
Audits
in state government (annual), 184.360
Debt
service savings, incurred expenses (as necessary), 286A.160
Director,
manner of reporting (biennial), 192.243, 192.250
Energy
conservation measures and alternative energy systems, state agency facility
construction or renovation, joint report (biennial), 276.915
Financial
management system (by December 1 each even-numbered year), 291.100
Governor-elects
revised budget report, tax expenditure report (by February 1 when appropriate),
291.222
Highway
cost allocation study (by January 31 each odd-numbered year), 366.506
Information
technology portfolio, policies, 184.475, 184.477
Office
quarters leases (as necessary), 276.429
Personal
service contracts, use by state agencies (biennial), 279A.140
Productivity
improvement program (by December 31 each even-numbered year), 182.400
Revenue
estimate, disposition of revenue in excess of estimate, 291.349
Revenue
received and available, estimate (quarterly), 291.342
State
agency fees (by January 15 each odd-numbered year), 291.060
State
agency progress toward meeting performance measures (annual, by October 1),
291.110
State-owned
motor vehicles (biennial), 283.343
Telecommuting
by state employees (biennial), 240.855
Workload
analysis, state agencies, 240.185
Adult Offender Supervision,
Interstate Commission for, activities and recommendations (annual), 144.600
(Article V)
Agriculture, State Board of
(biennial), 561.378
Agriculture, State Department of
Dairy
air quality, joint report (by October 1, 2008), 2007 c.799 §3
Guest
ranches in eastern
Noxious
weed control program (by October 1, 2008), 2005 c.392 §3
Asset Forfeiture Oversight
Advisory Committee (annual, by March 31), 475A.155
Attorney General
Official
business transacted (biennial), 180.110
Operation
of Sexual Assault Victims Emergency Medical Response Fund (by March 1, 2009),
2003 c.789 §8
Audits, Division of
Copy
of all audit reports, 297.050
Estimates
and payments of expenses (as necessary), 297.230
Local
government investment pool (annual), 294.880
Performance
audit, 171.590
Black Affairs, Commission on
(biennial), 185.410
Bottle Bill Task Force, beverage
container collection and refund matters (by November 1, 2008), 2007 c.303 §8
Children and Families, State
Commission on
Evidence-based
programs, expenditures (by September 30, 2008, by September 30 each
even-numbered year thereafter), 182.525, 2003 c.669 §6
Services
system status and additional proposals (biennial), 417.735
Voluntary
statewide early childhood system, joint report (January each odd-numbered
year), 417.728
Cities
Mortgage
loan bond proceeds (by February 1 each odd-numbered year), 280.482
Photo
radar process and outcome evaluation (by March 1 each odd-numbered year),
810.438
Photo
red light process and outcome evaluation (by March 1 each odd-numbered year),
810.434
Civics and Financial Education,
Task Force on, recommendations (by October 1, 2008), 2007 c.773 §1
Climate Change Research
Institute,
Clinical Social Workers, State
Board of, certification and licensure activities (biennial), 675.600
College Savings Board,
Columbia River Resource Task
Force,
Community College Services,
Commissioner for, budget reports for Department of Community Colleges and
Workforce Development, 326.375
Community Colleges and Workforce
Development, Department of
Plant
closings and mass layoffs (annual), 285A.522
Statewide
articulation and transfer system (by December 31, 2008), 2005 c.636 §2
Connecting Oregon Communities
Advisory Board, telecommunications projects funded (annual), 759.430
Consumer and Business Services,
Department of
Director
Assaults
of health care employees (by April 30, 2009), 2007 c.397 §10
Association
health plans claims experience, recommendations (by February 1 each
odd-numbered year), 2007 c.752 §11
Interstate
Insurance Product Regulation Commission policy form approval (by January 31,
2009, by January 31, 2011), 2007 c.544 §3
Official
transactions under Insurance Code (annual), 731.272
Reinsurance
program for medical professional liability insurance, performance
(Seventy-fifth Legislative Assembly), 2003 c.781 §15
Workers
compensation insurance assessments (periodic), 656.612
Manufacture
of prefabricated structures intended for delivery in other states (by October 1
each even-numbered year), 2005 c.310 §6
Security
freeze on consumer account, time necessary to place, lift or remove (by
December 31, 2008), 646A.608
Corrections, Department of
Deaths
in institutions (quarterly), 179.509
Evidence-based
programs, expenditures (by September 30, 2008, by September 30 each
even-numbered year thereafter), 182.525, 2003 c.669 §6
Job
vacancies, categories and classifications (biennial), 291.371
Corrections Enterprises,
Counselors and Therapists, Oregon
Board of Licensed Professional, activities (biennial), 675.785
Counties, Association of
Highway
Fund expenditures (annual), 366.774
Transportation
projects (by April 1, 2009), 2007 c.911 §17
Court Administrator, State, tax
court magistrate division decisions, time required to reach (biennial), 305.505
Court Facilities, Interim
Committee on (Seventy-fifth Legislative Assembly), 2007 c.860 §18
Court Technology, Interim
Committee on (next regular or special session of Legislative Assembly), 2007
c.860 §21
Criminal Justice Commission,
Criminal Justice Information
Standards program, information integration among criminal justice agencies,
plan (by December 31 each even-numbered year), 181.715
Debt Policy Advisory Commission,
State, consolidated bond profile, outstanding debt and net borrowing capacity
(annual), 286A.255
Disabilities Commission,
Drug Use Review Board, activities
and programs (annual), 414.365, 414.415
Economic and Community
Development Commission,
Economic
development efforts, success (biennial), 285A.050
Moneys
transferred to Shared Services Fund and distributed (by May 1, 2013), 2007
c.905 §5
Economic and Community
Development Department
Financial
statements for individual funding programs (annual), 285A.206
Guest
ranches in eastern
Telecommunications
infrastructure, community telecommunications needs, assessment, 759.435
Telecommunications
projects, implementation, 759.435
Economic development regional
boards
Performance
reports (periodic), 285B.239
Regional
investment plans (biennial), 285B.263
Economic Revitalization Team,
activities (by January 31 each odd-numbered year), 284.555
Education and Workforce Policy
Advisor, minority students and teachers (biennial), 342.443
Education, Department of
Alcohol
and drug abuse policies and implementation plans (biennial), 336.245
Early
Childhood Improvement Program, grant evaluation, 329.875
Expanded
Options Program (annual), 340.085
Physical
education data (by January 31 each odd-numbered year), 329.499
Prekindergarten
program funding (biennial), 329.165
Programs
that receive grants under ORS chapter 329, 329.875
Sex
education, public schools (biennial), 336.475
Steroids
and performance-enhancing substances (by September 30, 2008), 2007 c.395 §4
Student
achievement grants (biennial), 327.297
Voluntary
statewide early childhood system, joint report (January each odd-numbered
year), 417.728
Education service districts,
pilot (by September 30 each even-numbered year), 2005 c.828 §13
Education, State Board of,
nonresident tuition in post-secondary institutions, plan to reduce or eliminate
(before implementation), 351.647
Education System Design Team (by
February 1, 2008), 2007 c.839 §15
Educators Health Benefits, Task
Force on, benefit plans analysis (operative July 1, 2011) (by September 30,
2012), 2007 c.7 §20
Emergency Management, Office of,
implementation of 9-1-1 emergency telephone systems (biennial), 401.730
Employment Department
Participation
of political subdivisions in Local Government Employer Benefit Trust Fund
(biennial), 294.745
Voluntary
statewide early childhood system, joint report (January each odd-numbered
year), 417.728
Energy Facility Siting Council,
electric and magnetic fields (periodic), 469.480
Energy, State Department of
Comprehensive
energy plan (each odd-numbered year), 469.060
Director
Radioactive
material transportation (biennial), 469.617
Transactions
of loan and sinking funds (biennial), 470.140
Energy
conservation measures and alternative energy systems, state agency facility
construction or renovation, joint report (biennial), 276.915
Outdoor
lighting (by October 1, 2008), 2007 c.551 §3
Solar
energy technology in construction, reconstruction or major renovation projects
(by January 31, 2009, by January 31, 2011), 2007 c.310 §4
Enterprise zone sponsors, urban,
conditions on business firms within zone (quadrennial), 285C.150
Environmental Quality Commission,
solid waste management (biennial), 459A.015
Environmental Quality, Department
of
Accomplishments
and goals (annual, by January 15), 465.235
Dairy
air quality, joint report (by October 1, 2008), 2007 c.799 §3
Dry
cleaning solvent fees, suspension (upon directors determination of removal and
remedial action completion), 465.545
Goal
to reduce risk of cancer due to diesel engine emissions by 2017, due to school
bus emissions by end of 2013, 2007 c.855 §2
Ground
water (by January 1 each odd-numbered year), 468B.162
Hazardous
waste facility hazard notice and use restriction amendment (biennial), 466.365
Operation
of statewide system for covered electronic devices (biennial), 459A.340
Persistent
pollutants, priority listing (by June 1, 2009, as necessary thereafter),
468B.139
Persistent
pollutants study (by June 1, 2010), 468B.139
Solid
waste management, recycling programs (periodic), 459.035
Summary
and evaluation of actions taken under pool facilities, water and sewage systems
statutes, joint report (by January 1 each odd-numbered year) 448.409
Toxic
use and hazardous waste reduction programs, interstate cooperation, 466.355
Water
pollution control permitting (annual, by January 31), 2005 c.523 §5
Facilities Authority,
Film and Video Office,
Fire Marshal, State, summary of
hazardous substance emergencies (annual), 453.342
Fish and Wildlife Commission,
State
Activities
(biennial), 496.128
Fish
and Wildlife Account moneys, application of investment and interest earnings,
496.303
Remote
hatchbox program (annual), 496.458
Salmon
and trout enhancement program, progress (annual), 496.445
State
Wildlife Fund moneys, application of investment and interest earnings, 496.300
Fish and Wildlife, State
Department of
Access
and habitat projects status, expenditures, joint report (biennial), 496.232
Activities
(quarterly), 496.118
Anadromous
fish runs, natural production of (semiannual), 496.480
Fish
passage, director (periodic), 509.595
Fish
restoration and enhancement projects, expenditures, joint report (biennial),
496.289
Fish
screening program (by February 1 each odd-numbered year), 496.141
Fish Passage Task Force, fish
passage (semiannual), 509.590
Food Service Advisory Committee,
State, licensure recommendations (by January 1 each odd-numbered year), 624.121
Forester, State
Federal
forest legacy program implementation (by January 15 each odd-numbered year),
526.065
Forestry
management programs (biennial), 526.255
Nature
and severity of fire season and moneys expended on fire suppression (annual),
477.777
Securing
of forest tree seedlings (by October 1, 2008), 2005 c.541 §6
Woody
biomass collection and conversion (by October 1, 2008; triennial thereafter),
526.280
Forestry, State Board of, Forest
Resource Trust Fund (Seventy-sixth Legislative Assembly), 526.730
Genetic Privacy and Research,
Advisory Committee on, activities, results of studies, recommendations
(biennial), 192.549
Global Warming Commission,
Government Ethics Commission,
Penalties,
171.992
Recommended
changes to lobbying and ethics provisions (by February 1 each odd-numbered
year), 244.290
Governor
Agency
appointed by, plain language standards (by February 1, 2008, by January 1,
2009), 2007 c.142 §1
Budget
report (by December 1 each even-numbered year), 291.218, 291.220
Reprieve,
commutation or pardon granted (as necessary), 144.660
Tax
expenditure report (by December 1 each even-numbered year), 291.218, 291.220
Health Fund Board,
Comprehensive
plan for Oregon Health Fund program (by October 1, 2008), 2007 c.697 §11
Design
and implementation of health insurance exchange (by February 1, 2008), 2007
c.697 §9
Progress
toward comprehensive plan for Oregon Health Fund program (by February 29,
2008), 2007 c.697 §9
Health insurance bill sponsor,
social and financial effects of proposed legislation mandating coverage (at
filing), 171.875
Health Policy and Research,
Administrator of Office for
Family
Health Insurance Assistance Program, effectiveness and efficiency (biennial),
735.738
Health
care acquired infection report (by January 1, 2010, annual, by April 30,
thereafter), 2007 c.838 §6
Hospital
community benefits (annual), 442.205
Health professional regulatory
boards, ethnic and racial diversity (biennial), 676.400
Health Resources Commission,
treatment of pervasive developmental disorders (Seventy-fifth Legislative
Assembly), 2007 c.872 §2a
Health Services Commission
Benchmark
per capita rates for health services (by August 1 each even-numbered year),
414.741
Health
services priorities, list (by July 1 each even-numbered year), 414.720
Higher Education, State Board of
Capital
construction projects (by March 1 each odd-numbered year), 351.165
Nonresident
tuition in post-secondary institutions, plan to reduce or eliminate (before
implementation), 351.647
Higher education, state
institutions of, university venture development fund (annual), 351.697
Higher Education, Western Interstate
Commission for
Activities
(annual, by January 15), 351.770 (Article VII)
Graduate
educational facilities (periodic), 351.770 (Article VIII)
Hispanic Affairs, Commission on
(biennial), 185.310
Historic Preservation Officer,
State, financial condition and operation of Historic Preservation Revolving
Loan Fund (annual), 358.678
Historic Property, Task Force on,
special assessment program recommendations (by September 30, 2008), 2007 c.718 §5
Housing and Community Services
Department, low-income bill assistance, program spending and needs (biennial),
757.617
Human Services, Department of
Abuse
and neglect reports, use in determining fitness to provide services (Seventy-fifth
Legislative Assembly), 2007 c.444 §3
Adult
foster homes, exceptions granted to certain resident limits (quarterly),
443.775
Alcohol
and drug abuse policies and implementation plans for school districts
(biennial), 336.245
Alcohol
and drug abuse prevention, early intervention and treatment services, progress
reports (biennial), 430.366
Brominated
flame retardants, studies and disposal (January each even-numbered year), 2005
c.496 §4
Child-caring
agency or institution, abuses, derelictions or deficiencies (as necessary),
418.260
Child
protective services (by November 1 each even-numbered year), 418.036
Community
Mental Health Housing Fund, revenues and expenditures (biennial), 426.506
Deaths
in institutions, 179.509
Developmental
Disabilities Community Housing Fund, revenues and expenditures (biennial),
427.340
Domestic
violence, temporary assistance to needy families (biennial), 411.118
Emergency
medical services and trauma system, 431.607, 431.619
Evidence-based
programs, expenditures (by September 30, 2008, by September 30 each
even-numbered year thereafter), 182.525, 2003 c.669 §6
Foster
home or substitute care placements, assistance (biennial), 418.319
Health
services, comparison of per capita rates (by February 1 each odd-numbered
year), 414.741
Job
vacancies, categories and classifications (biennial), 291.371
JOBS
Plus Program analysis, recommendations (annual), 411.896
Laboratory
accreditation fee (before implementation), 438.620
Law
Enforcement Medical Liability Account status (biennial), 414.815
Medicaid
(
Mental
health treatment and services (biennial), 430.640
Recommendations
for diabetes plan (Seventy-fifth Legislative Assembly), 2007 c.460 §2
Sensitive
review committee, findings and conclusions (within 180 days after request),
409.194
Summary
and evaluation of actions taken under pool facilities, water and sewage systems
statutes, joint report (by January 1 each odd-numbered year), 448.409
Temporary
Assistance for Needy Families (by 15th day each legislative session), 412.079
Tobacco
Use Reduction Account grants (biennial), 431.836
Voluntary
statewide early childhood system, joint report (January each odd-numbered
year), 417.728
Human Services, Director of
Alcohol
and drug abuse programs (biennial), 409.410
Family
support services (biennial), 417.346
Independent Development
Enterprise Alliance, support of programs that assist individuals in removing
legal impediments to employment (semiannual), 2007 c.873 §2
Independent Multidisciplinary
Science Team, Oregon Plan (annual), 541.409
Independent nongovernmental
entity (selected by PUC and State Department of Energy)
Electric
companies, public purpose charge, program spending and results (biennial),
757.617
Public
purpose funding requirements, renewal (January 1, 2011), 757.617
Indian Services, Commission on,
all matters of concern to Indians, recommendations (biennial), 172.120
Innovation Council,
Interoperability Executive
Council, State (by February 1 each odd-numbered year), 401.872
Investment Council,
Investment
funds investment program (biennial, and as necessary), 293.771
Venture
capital investments (annual), 293.734
JOBS Plus Advisory Board, program
status and progress (annual), 411.888
Judicial branch agencies,
liquidated and delinquent accounts (annual, by October 1), 1.195
Justice, Department of
Activities
(biennial), 147.205
Electronic
listening devices, use (April each odd-numbered year), 165.542
Implementation
of Karlys Law (by October 1, 2008), 2007 c.674 §7
Matters
referred by legislature, 180.520
Juvenile Crime Prevention
Advisory Committee, progress (periodic), 417.850
Klamath River Basin Compact
Commission, finances and activities (annual), 542.620 (Article IX)
Korean American Day Commission
(by February 1 each odd-numbered year), 2007 c.68 §2
Labor and Industries, Bureau of,
workforce diversity in public works projects (by January 1, 2009, annual
thereafter), 279C.807
Land Conservation and Development
Commission
Activities
(periodic), 197.040
Land
use applications, actions (biennial), 197.065
Land Conservation and
Development, Department of
Governing
body activities and accomplishments (each even-numbered year), 197.060
Guest
ranches in eastern
Progress
in reviewing certain Measure 37 claims (by March 31, 2008), 2007 c.424 §8
Provision
of sites for affordable housing development (Seventy-fifth Legislative
Assembly), 2007 c.607 §9a
Land Use Planning, Oregon Task
Force on, findings and recommendations by (February 1, 2009), 2005 c.703 §1
Lands, Department of State
Asset
management plan (biennial), 273.245
Assumption
of federal removal and fill permitting (periodic), 2001 c.516 §12
Certification
program for professional wetland scientists, study (by November 1, 2008), 2007
c.507 §1
Fill
or removal permits, administration (periodic), 196.795
Ports,
agreements and accomplishments, director (annual), 777.100
Prospecting,
fill or removal activities in salmonid habitat (periodic), 196.910
Law Commission,
Law Enforcement Contacts Policy
and Data Review Committee, findings and recommendations (annual, by December
1), 131.906
League of Oregon Cities, Highway
Fund expenditures (annual), 366.790
Legislative Counsel Committee
Duplicative
or conflicting state agency rules, 183.720
State
agency rule review (biennial), 183.725
Legislative Fiscal Officer,
Governors budget report, recommendations, 173.420
Legislative Revenue Officer
Enterprise
zones and related tax incentives, performance evaluation (by January 31, 2009),
2007 c.888 §5
Governors
tax expenditure report, recommendations, 173.820
Taxation,
revenue (upon request), 173.820
Local government investment pool
auditor, audit of pool, investment rules (annual), 294.880
Long Term Care Ombudsman, office
of the (semiannual), 441.109
Lottery Commission,
Budget
(biennial), 461.140
Operation
of state lottery (quarterly and annual), 461.100
Lottery, Director of the
Medical Insurance Pool Board,
Minority, Women and Emerging
Small Business, Advocate for, status of minorities and women in marketplace,
recommendations (annual), 200.025
Multistate Highway Transportation
Agreement cooperating committee, work of committee, recommendations (annual),
802.560 (Article IV)
Multistate Tax Commission,
activities (annual), 305.655 (Article VI)
Natural Resources Policy
Administrator, recommendations, 173.620
Obesity Prevention Initiative,
Task Force for a Comprehensive (by October 1, 2008), 2007 c.904 §1
Oregon Community Power board of
directors, activities and operations, audit summary (annual, by April 15),
757.842
Activities
and operations (annual, by April 15), 353.080
Impact
of Oregon Opportunity program on OHSU, task force on, findings (by June 30 each
even-numbered year), 353.563
Shortfall
of moneys to meet financial obligations (as necessary), 353.370
University
venture development fund (annual), 351.697
Oregon Plan implementing agencies
Additional
funding or expenditure limitation adjustments, 541.413
Dispute
resolution services requested, outcome (as necessary), 541.411
Alcohol
and drug abuse policies and implementation plans (biennial), 336.245
Energy
conservation measures and alternative energy systems, state agency facility
construction or renovation, joint report (biennial), 276.915
Minority
teacher recruitment, chancellor (biennial), 351.077
Statewide
articulation and transfer system (by December 31, 2008), 2005 c.636 §2
Pacific Fisheries Legislative
Task Force, protecting and fostering Pacific fishing, 171.865
Pacific Northwest Electric Power
and Conservation Planning Council, review of actions (annual, on October 1),
469.845
Pain Management Commission,
review of curricula (by January 1 each odd-numbered year), 409.510
Parks and Recreation Commission,
State, fee reductions, waivers and exemptions (by January 31 each odd-numbered
year), 390.124
Parks and Recreation Director,
State
Accounting
report for promotional offers (annual), 565.116
Salmon
license plate program, use of moneys (by January 15 each odd-numbered year),
390.134
State
Advisory Committee on Historic Preservation activities (biennial), 358.687
Pest Control Insurance Fund,
activities (annual), 570.650 (Article IV)
Pesticide Analytical and
Poison Prevention Task Force,
toxic household products (as necessary), 431.900
Ports, agreeing, nature of
agreements, accomplishments (annual), 777.100
Progress Board,
Benchmarks,
achievement, progress, evaluation of sustainability goals (biennial), 284.625,
284.628
General
statewide strategy, goals for
Protection and advocacy system,
sterilization (biennial), 436.335
Public defense services executive
director, activities of office of public defense services (biennial), 151.219
Public Employees Retirement Board
Public
Employees Retirement Fund, audit statements (annual), 238.660
Reserve
accounts, crediting, 238.670
Public Health Advisory Board,
Public Instruction,
Superintendent of, Prekindergarten program (biennial), 329.200
Public Officials Compensation
Commission, recommendations (by November 10 each even-numbered year), 292.912
Public Safety Memorial Fund
Board, activities (biennial), 243.970
Public Safety Standards and
Training, Department of
Implementation
of child abuse and domestic violence training (annual, by January 1), 181.712
Training
program for investigating use of deadly physical force (by September 30, 2008),
2007 c.842 §15
Public Safety Strategies Task
Force, evaluations and recommendations (by October 1, 2008), 2007 c.832 §1
Public Utility Commission
Competitive
zones, telecommunications (annual), 759.050
Utility
regulation, alternative form (periodic), 757.210
Quality Education Commission,
current and best education practices (by July 31 each even-numbered year),
327.506
Racing Commission,
Restoration and Enhancement
Board, projects, expenditures, joint report (biennial), 496.289
Revenue, Department of
Revenue
raising functions of state agencies (biennial), 305.025
School
property tax revenues lost, state replacement obligation, 311.183
Small
tract forestland, taxation of timber harvested (by February 1, 2009), 2003
c.454 §17
Total
taxes collected (biennial), 305.170
Road User Fee Task Force, taxing
highway use, alternative approaches, pilot programs (as necessary), 2001 c.862 §2
School for the Blind,
School for the Deaf,
School Nurses, Task Force on,
findings (by September 1, 2008), 2007 c.295 §1
School Safety, Center for, status
of school safety (annual, by July 1), 339.331
Secretary of State
County
juvenile department audits (by September 1, 2010), 2007 c.688 §2
Election
law violation complaint (as necessary), 171.460
Government
Waste Hotline (annual), 177.180
Operation
of filing office, UCC (by January 15 each odd-numbered year), 79.0527
Performance
and program audits (as directed), 297.070
State
Accident Insurance Fund Corporation and Industrial Accident Fund, audit and
review (annual), 656.772
Seismic Safety Policy Advisory
Commission, earthquake hazards, 401.343
Semi-independent state agencies,
operations (by January 1 each even-numbered year), 182.472
Shipping Transport of Aquatic
Invasive Species Task Force, recommendations for legislation (by October 1,
2008), 2007 c.816 §1
Sign Task Force (by November 1,
2008), 2007 c.199 §26
Solid waste disposal site
operator, alternative transportation routes, modes of transportation, 459.118,
459.121
Spinal Cord Injury Research
Board, status of funds, research progress (by January 31 each odd-numbered
year), 431.292
State Accident Insurance Fund
Corporation, board of directors, activities and operations (annual, by April
15), 656.751
State agencies
Affirmative
action objectives, performance (biennial), 659A.012
Liquidated
and delinquent accounts (annual, by October 1), 293.229
Program
changes after budget approval, 291.373
Real
property and facility maintenance account (biennial), 276.285
State Police, Department of,
concealed handgun license revocations (biennial), 166.297
Student Assistance Commission,
Changes
to Oregon Opportunity Grant program, 348.520
Financial
aid (biennial), 348.520
Sustainability Board, activities
and recommendations (by March 31 each odd-numbered year), 184.429
Telecommunications Coordinating
Council,
Broadband
distance learning networks, plan, implementation (by February 1, 2009), 2005
c.350 §3
Findings
and recommendations (before each legislative session) 2001 c.699 §1
Transportation Commission,
Projects,
emerging small business participation (biennial), 200.160
Real
property owned by Department of Transportation, highway system, projects of
statewide significance (by July 1, 2008), 2007 c.810 §2
Transportation, Department of
Audits
of department (biennial), 184.649
Hazardous
substances, radioactive materials, transportation (regularly), 453.835
Highway
Construction Plan projects, status report (quarterly), 184.664
Mandates
and regulations, effect on costs (biennial), 184.666
Motor
carrier flat fee rates, adjustment (biennial), 825.482
Oregon
Innovative Partnerships Program projects (at least twice each interim), 367.826
Photo
radar, highway work zone, process and outcome summary (by March 1 each odd-numbered
year), 2007 c.634 §4
Photo
radar, process and outcome summary (by March 1 each odd-numbered year), 810.438
Traffic
offenses, reciprocal agreements for disposition of, 802.530
Transportation district boards,
activities of district (biennial), 267.540
Transportation, Joint Interim
Committee on (by January 1, 2009), 2007 c.810 §1
Travel Information Council,
activities and operations (annual), 377.838
Treasurer, State
Bond
proceeds, loans to private entities (by July 1, 2008), 2007 c.764 §46
Bonded
indebtedness (biennial, by 90 days after end of biennium), 286A.055
Cash
management (when appropriate), 293.875
Deposits
in foreign countries, operation and activities funded by deposits (biennial),
295.195
Investment
in
Oregon
Growth Account investment, policies (annual), 348.703, 348.707
Uniform State Laws, Commission
on, advice and recommendations (periodic), 172.020
University of
Veterans Affairs, Director of,
attorney services programs (annual, by March 1), 406.430
Volunteers Commission for
Voluntary Action and Service,
Water Resources Commission
Reclamation
of land under Carey Act (by September 30 each even-numbered year), 555.160
Water
Development Fund and Bond Sinking Fund transactions (biennial), 541.855
Water
use outside basin of origin (as necessary), 537.805
Water Resources Department
Ground
water mitigation and mitigation bank programs, implementation and operation (by
January 31, 2009), 2005 c.669 §3
Temporary
transfers
Process
of implementation (annual, by January 31), 540.587
Recommendations,
process (by January 31, 2009), 2003 c.705 §11
Hydroelectric
reauthorization funds, use (biennial), 543A.415
Transfer
of place of use within irrigation districts, pilot project (by January 31,
2009), 2003 c.705 §24
Watershed Enhancement Board,
Oregon
Plan, implementation (regularly), implementation and effectiveness (by January
15 each odd-numbered year), 541.420
Watershed
management programs (biennial), 541.392
Western States Legislative
Forestry Task Force, protecting and fostering forest industries, 171.860
Willamette River Cleanup
Authority, amount of general obligation bonds for implementation of cleanup
plan (as necessary), 468.533
Workers Compensation
Management-Labor Advisory Committee
Adequacy
of death benefits (by January 31, 2009), 2007 c.437 §1
Findings
and recommendations (biennial), 656.790
Youth Authority,
Evidence-based
programs, expenditures (by September 30, 2008, by September 30 each
even-numbered year thereafter), 182.525, 2003 c.669 §6
Progress
(biennial), 420A.010
GENERAL PROVISIONS
(Sessions)
171.010
Time and place of holding regular legislative sessions. The sessions of the Legislative Assembly
shall be held at the capital of the state and shall commence on the second
Monday in January of each odd-numbered year.
171.015
Emergency legislative sessions; procedure for determining legislators request
for or refusal of emergency sessions; time and manner of convening sessions. (1) When a majority of the members of each
house of the Legislative Assembly has cause to believe that an emergency exists
and so notifies the presiding officers of each house in the manner described in
this section, the presiding officers shall invoke section 10a, Article IV of
the Oregon Constitution.
(2) Members of the Legislative Assembly
may give notice of intent to invoke the provisions of subsection (1) of this
section by filing written notice thereof with the Legislative Administrator. The
notice shall be accompanied by a written statement giving justification of the
need for a special session. The filing may be signed by more than one member of
each house but must be signed by at least one member of each house.
(3) Upon receipt of a properly signed
notice and statement described in subsection (2) of this section, the
Legislative Administrator shall send to each member of the Legislative Assembly
a form to be signed and returned by the member indicating whether the member
requests a special session or does not so request. The form shall be as
prescribed by the Legislative Administration Committee and shall contain the
text of this section, the names of the members who filed the notice, and the
text of the accompanying statement. The form shall be dated and shall bear the
date 14 days later, computed as provided in subsection (7) of this section, by
5 p.m. on which date the form must be returned to the Secretary of the Senate
or the Chief Clerk of the House of Representatives, respectively, or the person
designated to serve in that capacity in order to be counted in determining
whether the minimum requisite number of signatures requesting a special session
has been obtained. The form sent to the members shall be sent by certified
mail, addressee only, return receipt requested.
(4) The return of the signed form by a
member to the Secretary of the Senate or the Chief Clerk of the House of
Representatives or person designated to serve in that capacity constitutes an
irrevocable request for or refusal of the special session requested by the
members filing under subsection (2) of this section and described in the form.
(5) The Secretary of the Senate and the
Chief Clerk of the House of Representatives, respectively, or the person
designated to serve in that capacity shall verify the signatures in the return
form and tally the requests and refusals, note the date and time of the receipt
of each returned form. When each receives the requisite minimum number of
signed forms agreeing to the special session from members of the house of which
the person is an officer, each immediately shall notify the presiding officer
of each house.
(6) Upon receiving notice from the
Secretary of the Senate and the Chief Clerk of the House of Representatives or
the person designated to serve in that capacity that the minimum requisite
number of signed requests for a special session has been received and verified
for both houses, the presiding officers jointly shall convene the Legislative
Assembly into emergency session by joint proclamation, fixing the date thereof.
The date must be within five days after receipt by the presiding officers of
the notice from the Secretary of the Senate and Chief Clerk of the House of
Representatives. The original of the proclamations shall be filed with the
Secretary of State.
(7) The period of time for purposes of
subsection (3) of this section shall be computed by excluding the first day and
including the last day unless the last day falls on any legal holiday or on
Saturday, in which case the last day is also excluded. The period of time for
purposes of subsection (6) of this section shall be computed by beginning on
the day after which the presiding officers receive the notice described in
subsection (6) of this section and ending five days later, regardless of legal
holidays or Saturdays. [1977 c.689 §1]
171.020 [Repealed by 1955 c.211 §7]
171.021 [1955 c.211 §1; repealed by 1961 c.482 §4]
(Effective
Date)
171.022
Effective date for Act of Legislative Assembly. Except as otherwise provided in the Act, an
Act of the Legislative Assembly takes effect on January 1 of the year after
passage of the Act. [1999 c.1012 §1]
(Resignation)
171.023
When member-elect may resign.
Any person who receives a certificate of election as a member of the
Legislative Assembly is at liberty to resign the office, though the person may
not have entered upon the execution of its duties or taken the requisite oath
of office. [1981 c.517 §1]
171.025 [1961 c.482 §1; renumbered 188.210]
171.030 [Repealed by 1955 c.211 §7]
171.031 [Repealed by 1953 c.12 §2]
171.032 [Repealed by 1953 c.12 §2]
171.033 [Repealed by 1953 c.12 §2]
171.034 [Repealed by 1953 c.12 §2]
171.035 [1961 c.482 §3; renumbered 188.220]
171.037 [1971 s.s. c.l §2; renumbered 188.230]
171.038 [1971 s.s. c.1 §3; renumbered 188.240]
171.040 [Repealed by 1955 c.211 §7]
171.041 [1955 c.211 §3; repealed by 1961 c.482 §4]
171.043 [1955 c.211 §4; 1965 c.593 §1; 1967 c.634 §1;
repealed by 1979 c.748 §3]
171.046 [1965 c.578 §1; repealed by 1981 c.517 §26]
171.050 [Amended by 1955 c.211 §5; 1973 c.773 §1;
repealed by 1981 c.517 §2 (171.051 enacted in lieu of 171.050)]
(Vacancies)
171.051
Filling vacancies in Legislative Assembly. (1) When any vacancy occurs in the Legislative Assembly due to death
or recall or by reason of resignation filed in writing with the Secretary of
State or a person is declared disqualified by the house to which the person was
elected, the vacancy shall be filled by appointment if:
(a) The vacancy occurs during any session
of the Legislative Assembly;
(b) The vacancy occurs in the office of a
state Representative before the 61st day before the general election to be held
during that term of office;
(c) The vacancy occurs in the office of a
state Senator before the 61st day before the first general election to be held
during that term of office;
(d) The vacancy occurs in the office of a
state Senator at any time after the 62nd day before the first general election
and before the 61st day before the second general election to be held during
that term of office; or
(e) A special session of the Legislative
Assembly will be convened before a successor to the office can be elected and
qualified.
(2) The person appointed under the
provisions of subsection (1) of this section shall be a citizen qualified to
hold the office, an elector of the affected legislative district and a member
of the same political party for at least 180 days before the date on which the
vacancy occurred. The political affiliation of a person appointed under
subsection (1) of this section shall be determined under ORS 236.100. The
appointment shall be made by the county courts or boards of county
commissioners of the affected counties pursuant to ORS 171.060 to 171.064. When
the provisions of ORS 171.060 (1) are applicable, the appointment shall be made
from a list of not fewer than three nor more than five nominees who have signed
written statements indicating that they are willing to serve furnished by the
Secretary of State. If fewer than three names of nominees are furnished, a list
shall not be considered to have been submitted and the county courts or boards
of county commissioners shall fill the vacancy. The vacancy must be filled by
appointment within 30 days after its occurrence or not later than the time set
for the convening of the special session described in subsection (1)(e) of this
section when that is the basis for filling the vacancy.
(3) If the appointing authority required
by this section to fill the vacancy does not do so within the time allowed, the
Governor shall fill the vacancy by appointment within 10 days.
(4) Notwithstanding any appointment under
the provisions of subsection (1)(c) of this section, when a vacancy occurs in
the office of a state Senator before the 61st day before the first general
election to be held during that term of office, the remaining two years of the
term of office shall be filled by the electors of the affected legislative
district at the first general election.
(5) Candidates for the remaining two years
of the term of office of a state Senator under subsection (4) of this section
shall be nominated as provided in ORS chapter 249 except as follows:
(a) A major political party, minor
political party, assembly of electors or individual electors may select a
nominee for any vacancy occurring before the 61st day before the first general
election; and
(b) The Secretary of State shall accept
certificates of nomination and notifications of nominees selected by party rule
and filed with the secretary pursuant to a schedule for filing set by the
Secretary of State but in any case not later than the 62nd day before the first
general election.
(6) The remaining two years of the term of
office of a state Senator under subsection (4) of this section will commence on
the second Monday in January following the general election. Any appointment
under the provisions of subsection (1)(c) of this section shall expire when a
successor to the office is elected and qualified. [1981 c.517 §3 (enacted in
lieu of 171.050); 1985 c.771 §1; 1987 c.380 §1; 1989 c.207 §1; 1995 c.607 §59]
171.060
Procedure for filling vacancy by appointment. (1) When any vacancy as is mentioned in ORS 171.051 exists in the
office of Senator or Representative affiliated with a major political party and
that vacancy is to be filled by an appointing authority as provided in ORS
171.051, the Secretary of State forthwith shall notify the person designated by
the party to receive such notice. The party shall pursuant to party rule
nominate not fewer than three nor more than five qualified persons to fill the
vacancy. The nominating procedure shall reflect the principle of one-person,
one-vote to accord voting weight in proportion to the number of party members
represented. At the request of a party making a nomination, the county clerks
of each county constituting the district in which the vacancy exists shall
assist the party in determining the number of electors registered as members of
the party in the district. A person shall not be nominated to fill the vacancy
unless the person signs a written statement indicating that the person is
willing to serve in the office of Senator or Representative. As soon as the
nominees have been appointed, but no later than 20 days after the vacancy occurs,
the party shall notify the Secretary of State of the persons nominated. The
notification shall be accompanied by the signed written statement of each
nominee indicating that the nominee is willing to serve in the office of
Senator or Representative. The Secretary of State shall notify the county
courts or boards of county commissioners of the counties constituting the
district in which the vacancy exists of the nominees and of the number of votes
apportioned to each member of the county courts or boards of county
commissioners under ORS 171.062 and 171.064. The Secretary of State shall set a
time for the meeting of the county courts or boards of county commissioners in
order to fill the vacancy and by rule shall establish procedures for the
conduct of the meeting. If the district is composed of more than one county,
the Secretary of State shall name a temporary chairperson and designate a
meeting place within the district where the county courts or boards of county
commissioners shall convene for the purpose of filling the vacancy, pursuant to
ORS 171.051 (2).
(2) When any vacancy as is mentioned in
ORS 171.051 exists in the office of Senator or Representative not affiliated
with a major political party and that vacancy is to be filled by an appointing
authority as provided in ORS 171.051, the Secretary of State forthwith shall
notify the county courts or boards of county commissioners of the counties
constituting the district in which the vacancy occurs of the vacancy and of the
number of votes apportioned to each member of the county courts or boards of
county commissioners under ORS 171.062 and 171.064. The Secretary of State
shall set a time for a meeting of the county courts or boards of county
commissioners and by rule shall establish procedures for the conduct of the
meeting. If the district is composed of more than one county, the Secretary of
State shall name a temporary chairperson and designate a meeting place within
the district where the county courts or boards of county commissioners shall
convene for the purpose of appointing a person to fill the vacancy.
(3) A written statement signed by a
majority of those qualified to vote upon the filling of any vacancy naming the
person selected to fill the vacancy and directed to the Secretary of State is conclusive
evidence of the filling of the vacancy by the appointing authority named
therein. [Amended by 1955 c.211 §6; 1973 c.773 §2; 1975 c.779 §2; 1977 c.302 §1;
1985 c.771 §2; 1987 c.380 §2; 1989 c.207 §2; 1993 c.797 §17]
171.062
Filling vacancies in multicounty legislative districts. (1) When a legislative district in which a
vacancy occurs encompasses two or more counties, each county shall be entitled
to one vote for each 1,000 of its electors or major fraction thereof residing
within the legislative district at the time the vacancy occurs. However, any
county having electors in the district shall be entitled to at least one vote.
(2) A major fraction of electors shall be
a number greater than 500 but less than 1,000. [Formerly 248.175]
171.064
Apportioning votes for filling vacancies in multicounty legislative districts. The number of votes apportioned to each
county commissioner in filling a legislative vacancy shall be equal to the
total number allotted to the respective county of the county commissioner in
the manner set forth in ORS 171.062 divided by the total number of county
commissioners of the respective county. [Formerly 248.180]
171.068
Procedure when vacancy filled after reapportionment. (1) For purposes of ORS 171.060, 171.062 and
171.064, the county court or the board of county commissioners which shall fill
the vacancy in the Legislative Assembly in a district created by
reapportionment shall be the county court or board of county commissioners of
each county any part of which is in the district that is created by the
reapportionment and includes the residence from which the former Senator or
Representative was elected.
(2) Each person nominated by a major
political party to fill a vacancy in the Legislative Assembly occurring as described
by ORS 171.051 in a district created by reapportionment must be registered to
vote in the district from which the former Senator or Representative was
elected and must have been a member of the same major political party at least
180 days before the date the vacancy to be filled occurred.
(3) This section shall apply only to a
vacancy in the Legislative Assembly occurring after the primary election next
following reapportionment and before a person has been elected and qualified to
fill the vacancy. [1983 c.25 §1; 1985 c.771 §3; 1987 c.267 §62; 1987 c.380 §3;
1993 c.797 §18; 1995 c.712 §81]
171.070 [Repealed by 1957 c.164 §1 (171.071 enacted
in lieu of 171.070)]
171.071 [1957 c.164 §2 (enacted in lieu of 171.070);
1959 c.391 §1; repealed by 1963 c.1 §2]
(Salaries and
Expenses)
171.072
Salary of members and presiding officers; per diem allowance; expenses; tax
status. (1) A member of the
Legislative Assembly shall receive for services an annual salary that is equal
to that provided for one step below the maximum of Salary Range 1 in the
Management Service Compensation Plan in the executive department as defined in
ORS 174.112.
(2) The President of the Senate and the
Speaker of the House of Representatives each shall receive for services, as additional
salary, an amount equal to the sum allowed each of them as a member under
subsection (1) of this section.
(3) A member of the Legislative Assembly
shall receive, as an allowance for expenses not otherwise provided for, a per
diem determined as provided in subsection (9) of this section for each day
within the period that the Legislative Assembly is in session, to be paid with
the salary provided for in subsection (1) of this section. Pursuant to
procedures determined by the Legislative Administration Committee, a member may
draw from an accrued allowance.
(4) A member of the Legislative Assembly
shall receive, as an allowance for expenses incurred in the performance of
official duties during periods when the legislature is not in session, $400 for
each calendar month or part of a calendar month during those periods, to be
paid monthly, and subject to approval of the President of the Senate or Speaker
of the House of Representatives, mileage expenses and a per diem determined as
provided in subsection (9) of this section for each day a member is engaged in
the business of legislative interim and statutory committees, including
advisory committees and subcommittees of advisory committees, and task forces
and for each day a member serves on interstate bodies, advisory committees and
other entities on which the member serves ex officio, whether or not the entity
is a legislative one.
(5) In addition to the mileage and per
diem expense payments provided by this section, a member of the Legislative
Assembly may receive reimbursement for actual and necessary expenses, subject
to approval by the President of the Senate or Speaker of the House of
Representatives, for legislative business outside of the state.
(6) The President of the Senate and
Speaker of the House of Representatives may delegate to the chairpersons of
interim and statutory committees and task forces the approval authority granted
to them by subsection (4) of this section, with respect to expenses incurred in
attending any meeting of a particular committee or task force.
(7) Amounts received under subsections (3)
to (5) of this section are excluded from gross income and expenditures of the
amounts are excluded in computing deductions for purposes of ORS chapter 316.
If there is attached to the personal income return a schedule of all ordinary
and necessary business expenses paid during the tax year as a member of the
Legislative Assembly, a deduction may be claimed on the return for legislative
expenses paid in excess of the amounts received under subsections (3) to (5) of
this section. Expenses of members of the Legislative Assembly that are
reimbursed by the state for actual expenses for meals and lodging associated
with state travel for the same period during which a legislator receives per diem
is subject to state income tax.
(8) For periods when the Legislative
Assembly is not in session, the Legislative Administration Committee shall
provide for a telephone and an expense allowance for members of the Legislative
Assembly that is in addition to the amount allowed under subsection (4) of this
section. In determining the amount of allowance for members, the committee
shall consider the geographic area of the members district. The additional
allowance shall reflect travel expenses necessary to communicate in districts
of varying sizes.
(9) The per diem allowance referred to in
subsections (3) and (4) of this section shall be the amount fixed for per diem
allowance that is authorized by the United States Internal Revenue Service to
be excluded from gross income without itemization. [1963 c.1 §1; 1967 c.66 §1;
1967 c.246 §1; 1971 c.465 §1; 1973 c.250 §1; 1975 c.530 §1; 1977 c.896 §1; 1979
c.557 §1; 1979 c.635 §7; 1981 c.517 §13; 1985 c.782 §3; 1987 c.879 §1; 1989
c.977 §7; 1995 c.658 §86; 1999 c.181 §1; 2003 c.516 §§1,2; 2007 c.912 §5]
Note: The amendments to 171.072 by section 5b,
chapter 912,
171.072. (1) A member of the Legislative Assembly
shall receive for services an annual salary established as provided in ORS
292.907 to 292.930.
(2)(a) The President of the Senate and the
Speaker of the House of Representatives each shall receive for services, as
additional salary, an amount equal to the salary allowed each of them as a
member under subsection (1) of this section.
(b) The Majority Leader and Minority
Leader of the Senate and the Majority Leader and Minority Leader of the House
of Representatives each shall receive for services, as additional salary, an
amount determined as provided in ORS 292.907 to 292.930.
(3) A member of the Legislative Assembly
shall receive, as an allowance for expenses not otherwise provided for, a per
diem determined as provided in subsection (9) of this section for each day
within the period that the Legislative Assembly is in session, to be paid with
the salary provided for in subsection (1) of this section. Pursuant to procedures
determined by the Legislative Administration Committee, a member may draw from
an accrued allowance.
(4) A member of the Legislative Assembly
shall receive, as an allowance for expenses incurred in the performance of
official duties during periods when the legislature is not in session, $400 for
each calendar month or part of a calendar month during those periods, to be
paid monthly, and subject to approval of the President of the Senate or Speaker
of the House of Representatives, mileage expenses and a per diem determined as
provided in subsection (9) of this section for each day a member is engaged in
the business of legislative interim and statutory committees, including
advisory committees and subcommittees of advisory committees, and task forces and
for each day a member serves on interstate bodies, advisory committees and
other entities on which the member serves ex officio, whether or not the entity
is a legislative one.
(5) In addition to the mileage and per
diem expense payments provided by this section, a member of the Legislative
Assembly may receive reimbursement for actual and necessary expenses, subject
to approval by the President of the Senate or Speaker of the House of
Representatives, for legislative business outside of the state.
(6) The President of the Senate and the
Speaker of the House of Representatives may delegate to the chairpersons of
interim and statutory committees and task forces the approval authority granted
to the President and the Speaker by subsection (4) of this section, with
respect to expenses incurred in attending any meeting of a particular committee
or task force.
(7) Amounts received under subsections (3)
to (5) of this section are excluded from gross income and expenditures of the
amounts are excluded in computing deductions for purposes of ORS chapter 316.
If there is attached to the personal income return a schedule of all ordinary
and necessary business expenses paid during the tax year as a member of the
Legislative Assembly, a deduction may be claimed on the return for legislative
expenses paid in excess of the amounts received under subsections (3) to (5) of
this section. Expenses of members of the Legislative Assembly who are
reimbursed by the state for actual expenses for meals and lodging associated with
state travel for the same period during which a legislator receives per diem
are subject to state income tax.
(8) For periods when the Legislative
Assembly is not in session, the Legislative Administration Committee shall
provide for a telephone and an expense allowance for members of the Legislative
Assembly that is in addition to the amount allowed under subsection (4) of this
section. In determining the amount of allowance for members, the committee
shall consider the geographic area of the members district. The additional
allowance shall reflect travel expenses necessary to communicate in districts
of varying sizes.
(9) The per diem allowance referred to in
subsections (3) and (4) of this section shall be the amount fixed for per diem
allowance that is authorized by the United States Internal Revenue Service to
be excluded from gross income without itemization.
171.074 [1969 c.236 §1; 1971 c.465 §2; repealed by
1975 c.530 §9]
171.075 [1953 c.544 §1; 1961 c.167 §8; renumbered
171.505]
171.076 [1953 c.544 §2; 1961 c.167 §9; renumbered
171.510]
171.077 [1953 c.544 §4; 1961 c.167 §12; renumbered
171.520]
171.078 [1953 c.544 §5; renumbered 171.525]
171.080 [Amended by 1953 c.544 §7; renumbered
171.555]
171.090 [Amended by 1959 c.577 §1; 1961 c.167 §19;
renumbered 171.205]
171.092 [1953 c.527 §1; renumbered 171.215]
171.100 [Renumbered 171.135]
171.110 [Repealed by 1953 c.492 §17]
171.113
Use of state provided telephones. It is the policy of the Legislative Assembly that all use of state
provided phones by members or by legislative staff at the members direction,
including phones assigned either at the members residence or at the Capitol,
shall be considered to be used on state business for purposes of the
Legislative Assembly. [1987 c.879 §25]
(Funds)
171.115
Revolving fund; warrants.
(1) When requested in writing by the Legislative Administrator, the Oregon
Department of Administrative Services shall draw a warrant in favor of the
Legislative Assembly for use as a revolving fund. Warrants drawn to establish
or increase the revolving fund, rather than to reimburse it, may not exceed the
aggregate sum of $3,000. The State Treasurer shall hold the revolving fund in
special account against which the Legislative Assembly may draw checks.
(2) All claims for reimbursement of
advances paid from the revolving fund are subject to approval by the
Legislative Administrator. When such claims have been approved, a warrant
covering them shall be drawn in favor of the Legislative Assembly, charged
against the appropriate funds and accounts, and used to reimburse the revolving
fund. [1987 c.867 §3]
171.117
Lounge Revolving Account.
There is established for the Legislative Assembly a Lounge Revolving Account.
The Legislative Administration Committee may pay for the costs of food served
in the members lounges from the Lounge Revolving Account for the purpose of
supplying current requirements, the cost of which shall be reimbursed to the
revolving account through receipts on the basis of sales or by payroll
deductions from members. The moneys in the Lounge Revolving Account are
appropriated continuously for the purposes of this section. [1995 c.408 §7;
reenacted by 1997 c.688 §7]
(Employment
Rights)
171.120
Purpose of ORS 171.120 to 171.125; unlawful employment practices. (1) It is the purpose and intent of the
Legislative Assembly in enacting this section and ORS 171.122 and 171.125 that,
subject to the conditions set forth in these sections, any member of the
Legislative Assembly whose employment is interrupted because of attendance at
regular or special sessions of the Legislative Assembly or the performance of
official duties as a member of the Legislative Assembly shall be restored to
the employment status the member would have enjoyed if the member had continued
in employment during any such attendance or performance of duties.
(2) As a part of the public policy to
encourage public service, an employer may not discharge or threaten to
discharge, intimidate or coerce any employee by reason of the employees
service or scheduled service as a member or prospective member of the
Legislative Assembly.
(3) The member or prospective member may
not be subject to discipline or harassment or placed at any employment
disadvantage as a consequence of the leave of absence. It is an unlawful
employment practice under ORS chapter 659A for a member or prospective member
to be subject to discipline or harassment or placed at any employment
disadvantage as a consequence of any leave of absence related to regular or
special session attendance or duties. A member or prospective member may file a
complaint with the Commissioner of the Bureau of Labor and Industries under ORS
659A.820, or a civil action under ORS 659A.885, alleging violation of this
subsection. [1957 c.549 §1; 1989 c.1066 §2; 1991 c.454 §1; 2001 c.621 §69; 2005
c.199 §2]
171.122
Rights and benefits of legislators and prospective legislators in relation to
their regular employment.
(1) Any member or prospective member of the Legislative Assembly who leaves
regular employment in order to attend upon any regular or special session of
the Legislative Assembly or to perform official duties as a member or
prospective member of the Legislative Assembly for which the member or
prospective member may receive a per diem under ORS 171.072 or may receive
reimbursements for out-of-state travel, shall be granted a leave of absence
from such regular employment position for such period of time as is reasonably
necessary to permit such attendance or performance of duties.
(2) A member or prospective member of the
Legislative Assembly shall give notice to the employer when the leave of
absence described in subsection (1) of this section is anticipated or is to be
taken:
(a) At least 30 days before a regular
session; and
(b) As soon as it is reasonably apparent
that a special or emergency session is to be called.
(3) The regular employment position of a
member or prospective member on leave of absence under this section shall only
be deemed vacant for the period of such leave of absence, and the member or
prospective member shall not be subject to removal or discharge from such
position as a consequence of such leave of absence.
(4) Upon the termination of the leave of
absence of the member or prospective member under this section, a member or
prospective member shall be restored to the regular employment position the
member or prospective member held immediately prior to the first day of the
leave of absence if such position still exists, or, if such position does not still
exist, to as similar a position as possible, without loss of seniority, the
right to participate in insurance or any other employment benefits, other than
wages for services not rendered during the leave of absence, as a consequence
of the leave of absence of the member or prospective member. Such seniority,
right to participate in insurance or other employment benefits shall continue
to accumulate during the leave of absence as though the member or prospective
member had continued in employment continuously in the regular employment
position the member or prospective member held immediately prior to the first
day of the leave of absence of the member or prospective member.
(5) This section is not applicable if:
(a) The member or prospective member was
employed by the employer for a period of less than 90 days immediately prior to
the first day of the leave of absence.
(b) The circumstances of the employer have
so changed during the leave of absence of the member or prospective member as
to make restoration of the member or prospective member to employment
impossible or unreasonable.
(c) The member or prospective member fails
to apply for restoration to employment within:
(A) Fifteen days after adjournment sine
die of the Legislative Assembly following a regular session; or
(B) If the leave was for a lesser period
for another legislative assignment, five days after the assignment is
completed.
(d) The regular employment position of the
member or prospective member immediately prior to the first day of the leave of
absence or the character, terms, conditions or activities of such position are
incompatible under the Constitution and laws of this state with the office of
member of the Legislative Assembly.
(e) Employment is on a temporary basis.
(f) The employer employs fewer than 10
persons immediately prior to the first day of the leave of absence.
(6) As used in this section, prospective
member means a person who is certified or appointed to serve in the
Legislative Assembly but who has not taken the oath of office. [1957 c.549 §2;
1989 c.1066 §1; 1991 c.454 §2]
171.125
Proceeding to require compliance with ORS 171.120 and 171.122. (1) If any employer fails to comply with the
provisions of ORS 171.120 and 171.122, the circuit court for any county in
which such employer maintains a place of business has jurisdiction, upon the
filing of a petition by the Attorney General on behalf of the person entitled
to such benefits by reason of noncompliance of the employer, specifically to
require the employer to comply with the provisions of ORS 171.120 and 171.122.
(2) If any employer fails to comply with
ORS 171.120 and 171.122, the member or prospective member may bring an action
under ORS chapter 659A employing counsel of the members or prospective members
own choosing. [1957 c.549 §3; 1989 c.1066 §3; 1991 c.454 §3; 2001 c.621 §70]
(Measure
Filing)
171.127
When proposed measure to bear name of person other than member requesting
introduction; statement of chief sponsor. (1) Each proposed legislative measure shall at the time of submission
for filing bear the name of any state or other public agency or representative
thereof, any private organization or representative thereof, or any person
other than a member of the Legislative Assembly at whose specific formal
request the measure is being introduced. As used in this subsection, formal
request means the presentation, submission or providing of a drafted measure
to a member or committee of the Legislative Assembly.
(2) Each proposed legislative measure
shall bear a statement signed by the chief sponsor thereof, stating that all
agencies, organizations and persons that have formally requested the measure
are named thereon. [1975 c.783 §§1,2; 1981 c.517 §14; 1999 c.1074 §6]
171.130
Presession filing of proposed measures; printing and distribution. (1) At any time in advance of any regular or
special session of the Legislative Assembly fixed by the Legislative Counsel
Committee, or at any time in advance of a special session as may be fixed by
joint rules of both houses of the Legislative Assembly, the following may file
a proposed legislative measure with the Legislative Counsel:
(a) Members who will serve in the session
and members-elect.
(b) Interim and statutory committees of
the Legislative Assembly.
(2) On or before December 15 of the year
preceding a regular legislative session, or at any time in advance of a special
session as may be fixed by joint rules of both houses of the Legislative
Assembly, the following may file a proposed legislative measure with the
Legislative Counsel:
(a) The Oregon Department of
Administrative Services, to implement the fiscal recommendations of the
Governor contained in the budget report of the Governor.
(b) The person who will serve as Governor
during the session.
(c) The Secretary of State, the State
Treasurer, the Attorney General, the Commissioner of the Bureau of Labor and
Industries and the Superintendent of Public Instruction.
(d) The Judicial Department.
(3) Notwithstanding subsection (2) of this
section, a statewide elected official who initially assumes office in January
of an odd-numbered year may submit proposed measures for introduction by
members or committees of the Legislative Assembly until the calendar day
designated by rules of either house of the Legislative Assembly. The exemption
granted by this subsection to a newly elected Governor does not apply to state
agencies in the executive branch.
(4) On or before December 15 of the year
preceding a regular legislative session, a state agency may file a proposed
legislative measure with the Legislative Counsel through a member or committee
of the Legislative Assembly.
(5) The Legislative Counsel shall order
each measure filed pursuant to subsections (1) to (4) of this section prepared
for printing and may order the measure printed. If the person filing a measure
specifically requests in writing that the measure be made available for
distribution, the Legislative Counsel shall order the measure printed and shall
make copies of the printed measure available for distribution before the
beginning of the session to members and members-elect and to others upon
request.
(6) Copies of all measures filed and
prepared for printing or printed pursuant to this section shall be forwarded by
the Legislative Counsel to the chief clerk of the house designated by the
person filing the measure for introduction.
(7) The costs of carrying out this section
shall be paid out of the money appropriated for the expenses of that session of
the Legislative Assembly for which the measure is to be printed.
(8) The Legislative Counsel Committee may
adopt rules or policies to accomplish the purpose of this section.
(9) This section does not affect any law
or any rule of the Legislative Assembly or either house thereof relating to the
introduction of legislative measures. [1961 c.167 §17; 1969 c.374 §1; 1971
c.638 §1; 1981 c.517 §15; 1999 c.1074 §1; 2001 c.45 §1]
171.132 [1975 c.783 §3; 1979 c.237 §2; repealed by
1999 c.1074 §8]
171.133
Approval of Governor required for measure introduction. (1) A state agency shall not cause a bill or
measure to be introduced before the Legislative Assembly if the bill or measure
has not been approved by the Governor.
(2) As used in ORS 171.130 and this
section, state agency means every state agency whose costs are paid wholly or
in part from funds held in the State Treasury, except:
(a) The Legislative Assembly, the courts
and their officers and committees;
(b) The Public Defense Services
Commission; and
(c) The Secretary of State, the State
Treasurer, the Attorney General, the Commissioner of the Bureau of Labor and
Industries and the Superintendent of Public Instruction. [1979 c.237 §3; 1999
c.1074 §5; 2003 c.449 §25]
(Readability)
171.134
Readability test for legislative digests and summaries. Any measure digest or measure summary
prepared by the Legislative Assembly shall be written in a manner that results
in a score of at least 60 on the Flesch readability test or meets an equivalent
standard of a comparable test. [1979 c.270 §1]
(Supplies)
171.135 [Formerly 171.100; 1969 c.620 §6; repealed
by 1981 c.517 §4 (171.136 enacted in lieu of 171.135 and 171.140)]
171.136
Supplies and equipment. (1)
The Legislative Administrator, subject to the policies of the Legislative
Administration Committee and the rules of each house, shall furnish necessary
office supplies, equipment and stationery for the use of all members, officers
and employees of the Legislative Assembly, taking their receipt therefor. It is
the duty of such members, officers and employees to return to the Legislative
Administrator any unused stationery or supplies and all equipment at the close
of each session of the Legislative Assembly unless otherwise directed by the
Legislative Administrator. The Legislative Administrator is authorized to
charge the cost of any unreturned nonconsumable supplies or equipment against
the final payroll check of the member, officer or employee responsible
therefor.
(2) Unless otherwise directed by joint
resolution, the Legislative Administrator shall cause to be forwarded to each
member of the Legislative Assembly all materials furnished to them by statute,
rule or resolution that do not remain the property of the state and that are
left by the member with the Legislative Administrator to be so forwarded at the
close of each regular or special session of the Legislative Assembly. The
member shall designate the address to which the materials are to be forwarded.
(3) The expenses incurred in carrying out
the provisions of this section shall be paid out of the appropriation for the
expenses of that session of the Legislative Assembly for which the services
were performed or the supplies provided. [1981 c.517 §5 (enacted in lieu of
171.135 and 171.140)]
171.137 [1969 c.620 §16; repealed by 1981 c.130 §1]
171.140 [1961 c.167 §15; 1969 c.620 §7; repealed by
1981 c.517 §4 (171.136 enacted in lieu of 171.135 and 171.140)]
ELECTION
DATES
171.180
State policy governing election dates. The Legislative Assembly finds that to limit the number of days on
which elections are held in this state would consolidate separate single
purpose elections, reduce the cost of elections and local government, and
increase participation in the electoral process. It, therefore, finds that the
number of election days in this state is a matter of statewide concern. [1979
c.316 §1]
171.185
Dates for legislatively prescribed elections; emergency election. (1) Except as provided in subsection (2) of
this section, an election called by the Legislative Assembly shall be held only
on:
(a) The second Tuesday in March;
(b) The third Tuesday in May;
(c) The third Tuesday in September; or
(d) The first Tuesday after the first
Monday in November.
(2) An election may be held on a date
other than that provided in subsection (1) of this section, if the Legislative
Assembly by resolution or Act finds that an election sooner than the next
available election date is required on a measure to finance repairs to property
damaged by fire, vandalism or a natural disaster. [1979 c.316 §2; 1981 c.639 §1;
1987 c.267 §63; 1989 c.923 §3; 1991 c.71 §1; 1993 c.713 §50; 1995 c.712 §112]
PUBLICATIONS
171.200
Publications defined for ORS 171.206. As used in ORS 171.206, publications does not include materials
published under ORS 171.236 or 171.275, but does include:
(1) Bills, resolutions and memorials and
amendments thereto.
(2) Reports of statutory, standing,
special or interim legislative committees.
(3) Periodic legislative calendars and
periodic journals, if any of these are published.
(4) Other documents or papers which the
Legislative Assembly, or either house thereof, orders printed. [1961 c.167 §18;
1965 c.424 §4]
171.205 [Formerly 171.090; 1965 c.424 §5; 1971 c.638
§2; repealed by 1981 c.517 §6 (171.206 enacted in lieu of 171.205, 171.211,
171.215 and 171.625)]
171.206
Legislative publications; distribution; form and number; charges; disposition. (1) Except as provided in ORS 171.236 and
171.275, all publications printed for either house of the Legislative Assembly
and their committees, including joint committees created by law, rule or joint
resolution, shall be published and distributed by the Legislative
Administrator, subject to the rules of each house and under the direction of
the Legislative Administration Committee.
(2) Unless otherwise directed by joint
resolution and except as otherwise provided by law, the Legislative
Administrator may cause to be distributed the publications of the Legislative
Assembly among such state officers, departments and agencies, public officers
and state institutions of higher learning as the Legislative Administration
Committee determines necessary for their requirements. Each house shall receive
from the Legislative Administrator such number of publications as it deems
necessary.
(3) The Legislative Administrator shall
make public documents available to the State Librarian for distribution to
depository libraries as required by ORS 357.090.
(4) Unless otherwise directed by joint
resolution, the Legislative Administration Committee shall determine the form,
number and distribution of and charges for, if any, the materials referred to
in subsection (1) of this section. In determining charges, the committee shall
take into account the cost of publishing and distributing copies other than those
it distributes under subsections (2) and (3) of this section.
(5) All moneys received under subsection
(4) of this section are continuously appropriated to the Legislative
Administration Committee for its actual costs incurred in publishing and distributing
the copies for which it charges a fee.
(6) The Legislative Administration
Committee may order the disposition of legislative publications that in its
judgment are no longer of value to the state. [1981 c.517 §7 (enacted in lieu
of 171.205, 171.211, 171.215 and 171.625); 1991 c.842 §6; 2005 c.33 §7; 2005
c.755 §1]
171.210 [Repealed by 1961 c.150 §9]
171.211 [1961 c.167 §20; 1965 c.424 §6; 1969 c.620 §8;
repealed by 1981 c.517 §6 (171.206 enacted in lieu of 171.205, 171.211, 171.215
and 171.625)]
171.215 [Formerly 171.092; repealed by 1981 c.517 §6
(171.206 enacted in lieu of 171.205, 171.211, 171.215 and 171.625)]
171.218 [1961 c.167 §22; repealed by 1965 c.424 §8]
171.220 [Amended by 1959 c.577 §2; renumbered
171.405]
171.222 [1961 c.167 §23; repealed by 1965 c.424 §8]
171.225 [1965 c.424 §1; repealed by 1981 c.517 §8
(171.236 enacted in lieu of 171.225 and 171.235)]
171.226 [1961 c.167 §24; repealed by 1965 c.424 §8]
171.230 [Amended by 1959 c.577 §3; repealed by 1965
c.424 §8]
171.235 [1965 c.424 §7; 1969 c.174 §1; 1969 c.620 §9;
repealed by 1981 c.517 §8 (171.236 enacted in lieu of 171.225 and 171.235)]
171.236
Advance sheets; session laws; publication; distribution; form and number;
charges; disposition. (1)
The Legislative Counsel, under the direction of the Legislative Counsel
Committee, shall publish and distribute the laws enacted by the Legislative
Assembly.
(2) The Legislative Counsel Committee
shall determine the form, number and distribution of and charges for, if any,
the publications referred to in subsection (1) of this section and may perform
other functions necessary for the publication and distribution thereof.
(3) The Legislative Counsel shall provide
sufficient copies of the publications prepared under this section to the
Legislative Administrator for distribution in accordance with ORS 171.206 (2).
(4) The Legislative Counsel Committee may
order the disposition of any publications referred to in this section which in
its judgment are no longer of value to the state. [1981 c.517 §9 (enacted in
lieu of 171.225 and 171.235)]
171.240 [Amended by 1959 c.577 §4; repealed by 1965
c.424 §8]
171.245
Legislative Publications Account. (1) There is established in the General Fund an account to be known as
the Legislative Publications Account. All moneys collected or received under
ORS 171.236 shall be paid into the account. All moneys in the account are
appropriated continuously for and shall be used for the purposes described in
ORS 171.236.
(2) Disbursements of moneys from the
Legislative Publications Account shall be approved by either of the presiding
officers of the Legislative Assembly; but the presiding officers may jointly
designate an individual to approve disbursements from the account. A statement
designating the individual, together with a sample of the individuals
signature, shall be filed as provided in ORS 293.335. [1965 c.424 §3; 1969
c.174 §2; 1981 c.517 §16; 1999 c.117 §9]
171.250 [Repealed by 1965 c.424 §8]
171.255
Evidentiary status of published session laws. The laws enacted by the Legislative Assembly and by the people, when
published in accordance with the provisions of ORS 171.236, shall be received
in all courts of this state as an authorized publication of the laws of
171.260 [Amended by 1959 c.577 §5; repealed by 1965
c.424 §8]
171.270
Legislative materials furnished public officers without charge are public
property. Except as
otherwise provided by or pursuant to law, the copies of the legislative
materials referred to in ORS 171.236 furnished free of charge to the public
officers of this state pursuant to law are public property and shall be
delivered over by them to their successors in office. [Amended by 1969 c.174 §3;
1981 c.517 §18]
171.272 [1953 c.546 §1; 1961 c.167, §27; renumbered
173.152]
171.275
(2) The Legislative Counsel Committee
shall establish policies for the revision, clarification, classification,
arrangement, codification, annotation, indexing, printing, binding,
publication, copyrighting, sale and distribution of the publications referred
to in subsection (1) of this section.
(3) The Legislative Counsel Committee
shall establish the charges necessary to recover the costs of publishing the materials
sold and distributed under this section. [1981 c.517 §11 (enacted in lieu of
173.150); 2003 c.207 §1]
171.280 [1963 c.418 §2; repealed by 1969 c.174 §5]
171.285
Legislative Counsel certificate. (1) When any edition of the statutes, or part or supplement designed
to replace parts of or to supplement a previous edition and to bring such
edition up to date, is published by the Legislative Counsel Committee, the
Legislative Counsel shall cause to be printed in the edition, part or
supplement a certificate that the Legislative Counsel has compared each section
in such edition, part or supplement with the original section in the enrolled
bill or, if the enrolled bill is stored in a computer or similar device, with
any printout or other output readable by sight, shown to reflect the enrolled
bill accurately, and that, with the exception of the changes in form permitted
by ORS 173.160 and other changes specifically authorized by law, the sections
in the published edition, part or supplement are correctly copied.
(2) Any edition, part or supplement
certified as provided in subsection (1) of this section shall constitute prima
facie evidence of the law in all courts and proceedings, and any section in
such edition, part or supplement may be amended or repealed by amending or
repealing such section of the edition, part or supplement without reference to
the legislative Act from which it was derived. No compilation of the statute
laws of
171.295
Preservation and use of ORS medium. (1) In any contract for the printing of the Oregon Revised Statutes,
the Legislative Counsel Committee may provide for preservation or purchase, on
behalf of the state, of the medium from which the statutes were printed.
(2) The committee may permit the use of
the medium or material printed from the medium for the production of pamphlets of
particular portions of the statutes requested by any public agency, under the
terms and conditions that the committee considers reasonable. [Formerly
173.180; 2003 c.207 §2]
171.305
ORS Revolving Account. (1)
The proceeds from the sale of an edition or publication made pursuant to ORS
171.275 shall be deposited in the State Treasury to the credit of a revolving
account for the use of the Legislative Counsel Committee in publishing and
distributing future editions or publications. The account, to be known as the
ORS Revolving Account, is continuously appropriated to the committee for this
purpose.
(2) There shall also be deposited to the
credit of the ORS Revolving Account any moneys received through the sale of a
medium of publication belonging to the Legislative Counsel Committee or any
moneys received by the committee in connection with the use of a medium, or
material printed with a medium pursuant to ORS 171.295.
(3) The Legislative Counsel Committee,
from time to time, may cause to be transferred from the ORS Revolving Account
to the General Fund the moneys that the committee considers unnecessary for use
in publishing and distributing future editions or publications.
(4) Any unexpended and unobligated balance
in the ORS Revolving Account in excess of $400,000 as of July 1 of any
odd-numbered year, as certified by the Legislative Counsel, shall be
transferred from the account to the General Fund to be available for general
governmental expenditures. [Formerly 173.250; 1983 c.178 §4; 1991 c.579 §1; 2003
c.207 §3]
171.315
Distribution of ORS. (1) The
Legislative Counsel shall provide one set of Oregon Revised Statutes, including
an index and annotations:
(a) For each member of the Legislative
Assembly.
(b) For each judgeship, the salary of
which is paid by the state.
(2)(a) The costs of providing sets to
members of the Legislative Assembly shall be paid from the appropriations made
for the payment of the expenses of the Legislative Assembly. The Legislative
Counsel shall provide the sets to the Legislative Administrator.
(b) The costs of providing sets pursuant
to subsection (1)(b) of this section shall be paid from the state
appropriations made for the payment of the expenses of the various judgeships. [Formerly
173.152; 2003 c.207 §4]
171.325
Certified copy of statute or rule of civil procedure published in
(a) A copy of any statute of this state
published in the Oregon Revised Statutes.
(b) A copy of any rule contained in the
Oregon Rules of Civil Procedure and published in the Oregon Revised Statutes.
(2) The certification of the Secretary of
State shall state that the statute or rule was published in the Oregon Revised
Statutes and shall specify the edition of the Oregon Revised Statutes in which
the statute or rule appeared.
(3) The Secretary of State may charge a
fee for the cost of reproducing and certifying a copy of a statute or rule
requested under this section. [1983 c.245 §1]
RECORDS
171.405
Binding original enrolled laws and joint resolutions. The Legislative Administration Committee
shall cause the original enrolled laws and joint resolutions passed at each
session of the Legislative Assembly to be bound in a volume in a substantial
manner in the order in which they are approved. The Legislative Administration
Committee is not required to keep any further record of the official acts of
the Legislative Assembly, so far as relates to Acts and joint resolutions. [Formerly
171.220; 1971 c.638 §3]
171.407
Sound recordings of legislative proceedings; public access. (1) Sound recordings, produced on equipment
selected by the Legislative Administration Committee for compatibility with
equipment for reproduction by the State Archives, shall be made of every
meeting of the Legislative Assembly and of every hearing and meeting of every
standing, special and interim committee of the Legislative Assembly, or
subcommittee thereof.
(2) The sound recordings required under
subsection (1) of this section are part of the legislative records of the
Legislative Assembly or committee and shall be subject to the provisions of ORS
171.410 to 171.430.
(3) Except as provided in ORS 171.425, the
State Archivist shall not loan any sound recording required under subsection
(1) of this section, but may arrange to have such recordings copied in an
appropriate manner and may make a reasonable charge therefor. [1973 c.555 §1]
171.410
Legislative record defined for ORS 171.410 to 171.430. As used in ORS 171.410 to 171.430, unless
the context requires otherwise, legislative record means a measure or
amendment thereto, a document, book, paper, photograph, sound recording or
other material exclusive of personal correspondence, regardless of physical
form or characteristics, made by the Legislative Assembly, a committee or
employee thereof, in connection with the exercise of legislative or
investigatory functions, but does not include the record of an official act of
the Legislative Assembly kept by the Secretary of State under section 2,
Article VI of the Oregon Constitution. [1961 c.150 §1; 1981 c.517 §19]
171.415
Delivery to Legislative Administration Committee; exception. (1) Except as provided in subsections (2)
and (3) of this section, a committee or employee of the Legislative Assembly
having possession of legislative records that are not required for the regular
performance of official duties shall, within 10 days after the adjournment sine
die of a regular or special session, deliver all such legislative records to
the Legislative Administration Committee.
(2) The chairperson, member or employee of
a legislative interim committee responsible for maintaining the legislative
records of that committee shall, within 10 days after the committee ceases to
function or before January 1 next preceding the beginning of a regular biennial
session of the Legislative Assembly, whichever is earlier, deliver all such
legislative records to the Legislative Administration Committee.
(3) This section does not apply to the
records of the Emergency Board, the Legislative Administration Committee, the
Legislative Counsel Committee or the Joint Committee on Ways and Means. [1961
c.150 §2; 1969 c.620 §10; 1973 c.555 §4; 1981 c.517 §20]
171.420
Classification and arrangement; delivery to State Archivist. The Legislative Administrator shall classify
and arrange the legislative records delivered to the Legislative Administrator
pursuant to ORS 171.415, in a manner that the Legislative Administrator
considers best suited to carry out the efficient and economical utilization,
maintenance, preservation and disposition of the records. The State Archivist
shall assist the Legislative Administrator in the performance of this work. The
Legislative Administrator shall deliver to the State Archivist all legislative
records in the possession of the Legislative Administrator when such records
have been classified and arranged. The State Archivist shall thereafter be
official custodian of the records so delivered. [1961 c.150 §3; 1969 c.620 §11]
171.425
Borrowing by certain legislative personnel. The State Archivist shall allow the Legislative Fiscal Officer, the
Legislative Administrator, the Legislative Counsel, or the Legislative Revenue
Officer to borrow and temporarily have possession of such legislative records
as such officer requests. [1961 c.150 §4; 1969 c.620 §12; 1975 c.789 §6]
171.427
Schedule for retention, destruction or disposition of records. The Legislative Administration Committee and
State Archivist shall establish and from time to time may revise a schedule
that shall govern the retention and destruction or other disposition of
legislative records delivered to and in the custody of the archivist under ORS
171.420 or 171.430 and of sound recordings retained by a committee under ORS
171.430 (2). The schedule agreed upon by the committee and archivist shall be
set forth in the rules and regulations issued by the archivist. [1973 c.555 §3]
171.430
Disposal by certain committees; sound recordings by certain committees. (1) Except for legislative records borrowed
under ORS 171.425 and except as provided in subsection (2) of this section, the
Emergency Board, the Legislative Administration Committee, the Legislative
Counsel Committee or the Joint Committee on Ways and Means may cause any
legislative records in its possession to be destroyed or otherwise disposed of,
if such legislative records are considered by such committee to be of no value
to the state or the public and are no longer necessary under or pursuant to any
statute requiring their creation or maintenance or affecting their use.
However, such committee shall prior to destruction or disposal notify the State
Archivist and transfer to the official custody of the State Archivist any such
legislative records that are requisitioned by the State Archivist, except those
designated as confidential by statute or by rule or resolution of the
Legislative Assembly or of such committee.
(2) The Emergency Board, the Legislative
Administration Committee, the Legislative Counsel Committee and the Joint
Committee on Ways and Means shall cause sound recordings of its hearings or
meetings to be retained, or if not retained, to be delivered to the State
Archivist. The archivist shall be official custodian of the sound recordings so
delivered. [1961 c.150 §6; 1969 c.620 §13; 1973 c.555 §5]
INVESTIGATIONS
OF LEGISLATOR AND LEGISLATOR-ELECT
171.450
Legislative intent. In
enacting ORS 171.455 to 171.465, it is the intention of the Legislative Assembly
to support the privilege of free suffrage and to protect the integrity of the
election process against improper conduct:
(1) By establishing a procedure to examine
complaints about election conduct of members or members-elect of the
Legislative Assembly; and
(2) By assisting the Legislative Assembly
in carrying out its constitutional duties to judge of the election,
qualifications and returns of its own members. [1985 c.693 §1]
171.455
Complaint of elector; content.
(1) Within 30 days after a general election, any elector may file a complaint
with the Secretary of State alleging a criminal violation of any election law
by a member or member-elect of the Legislative Assembly.
(2) The complaint shall be specific in its
allegations. If the complaint pertains to campaign publications or material, a
copy of the material shall be filed with the complaint. If the charge is
incapable of such documentation, the affidavits of at least two persons who
witnessed the conduct that is subject of the complaint shall be attached. Each
affidavit shall contain the name and address of the affiant and a detailed
statement describing the conduct that is the subject of the complaint. [1985
c.693 §2]
171.460
Secretary of State to conduct investigation; findings; report. (1) Upon receipt of the complaint, the
Secretary of State shall conduct an investigation to determine whether there is
probable cause to believe that the alleged violation occurred, and that it was
both deliberate and capable of having some possible effect upon the election.
(2) Upon a finding of probable cause, the
Secretary of State shall report the finding to the Legislative Assembly that
will convene on the second Monday in January by delivery to the Secretary of
the Senate or Chief Clerk of the House of Representatives, as appropriate, at
least five days prior to the convening of the regular session.
(3) The findings under this section are a
public record available for public inspection.
(4) Action under this section is in
addition to and not in lieu of action under ORS 260.345. [1985 c.693 §3]
171.465
Credentials committee; appointment; duties. The presiding officer of each house of the Legislative Assembly shall
appoint a credentials committee. The credentials committee shall review the
finding of any report of the Secretary of State submitted under this section
and ORS 171.450 to 171.460, hear additional evidence if it so chooses, and make
recommendations to the appropriate legislative body. [1985 c.693 §4]
WITNESSES IN LEGISLATIVE
PROCEEDINGS
171.505
Administering oaths to witnesses. The President of the Senate, the Speaker of the House of
Representatives, the chairperson or vice chairperson of any statutory,
standing, special or interim committee of either house of the Legislative
Assembly, or the chairperson or vice chairperson of a statutory, standing,
special or interim joint committee of the two houses, may administer oaths to
witnesses in any proceedings under their examination. [Formerly 171.075]
171.510
Legislative process to compel attendance and production of papers; service. (1) The President of the Senate, the Speaker
of the House of Representatives, or the chairperson or vice chairperson of any
of the legislative committees referred to in ORS 171.505 upon a majority vote
of any such committee, may issue any processes necessary to compel the
attendance of witnesses and the production of any books, papers, records or
documents as may be required.
(2) Process may be served by a
sergeant-at-arms of either house when the Legislative Assembly is in session or
by a person authorized to serve summons and in the manner prescribed for the
service of a summons upon a defendant in a civil action in a circuit court. The
process shall be returned to the authority issuing it within 10 days after its
delivery to the person for service, with proof of service as for summons or
that the person cannot be found. When served outside of the county in which the
process originated, the process may be returned by mail. The person to whom the
process is delivered shall indorse thereon the date of delivery. [Formerly
171.076; 1973 c.827 §21; 1977 c.877 §16; 1979 c.284 §117]
171.515
Reimbursement of witnesses appearing under legislative process. (1) Witnesses appearing under process issued
pursuant to ORS 171.510:
(a) Before the Senate or House of
Representatives, or a standing, special or statutory committee of either or
both, or a subcommittee thereof, except as provided in paragraph (b) of this
subsection, shall be reimbursed from funds appropriated for the expenses of
that session of the Legislative Assembly during which the witnesses appear.
(b) Before the Legislative Counsel
Committee, the Emergency Board, the Joint Committee on Ways and Means or an
interim committee, or a subcommittee thereof, shall be reimbursed from funds
appropriated for the expenses of the committee or subcommittee before which the
witnesses appear.
(2) The amount of reimbursement payable to
a witness under subsection (1) of this section shall not exceed the fees and
mileage provided for witnesses in ORS 44.415 (2). All claims for reimbursement
are subject to the approval of the Legislative Fiscal Officer. [1961 c.167 §11;
1981 c.892 §91a; 1989 c.980 §9]
171.520
Reporting violations of ORS 171.510. (1) Whenever a person summoned as provided in ORS 171.510 fails to
appear to testify or fails to produce any books, papers, records or documents
as required, or whenever any person so summoned refuses to answer any question
pertinent to the subject under inquiry before either house or any of the
committees referred to in ORS 171.505, the fact of such failure may be reported
to either house while in session.
(2) If the Legislative Assembly is not in
session, a statement of facts constituting such failure may be filed with the
President of the Senate or the Speaker of the House of Representatives. The
President of the Senate or the Speaker of the House of Representatives, as the
case may be, shall certify the statement of facts to the district attorney for
the county in which the offense occurred, who shall take appropriate action. [Formerly
171.077]
171.522
Judicial enforcement of legislative process; order; service. (1) Whenever a person summoned as provided
in ORS 171.510 fails to appear to testify or fails to produce any books,
papers, records or documents as required, or whenever any person so summoned
refuses to answer any question pertinent to the subject under inquiry before
either house, any statutory committee, any standing committee of either house,
or any special or interim committee created by both houses, the house or
committee, in lieu of proceeding under ORS 171.520, may apply to the circuit
court for the county in which the failure occurred for an order to the person
to attend and testify, or otherwise to comply with the demand or request of the
house or committee.
(2) The application to the court shall be
by ex parte motion upon which the court shall make an order requiring the
person against whom it is directed to comply with the demand or request of the
house or committee within three days after service of the order, or within such
further time as the court may grant, or to justify the failure within that
time.
(3) The order shall be served upon the
person to whom it is directed in the manner required by this state for service of
process, which service is required to confer jurisdiction upon the court.
Failure to obey an order issued by the court under this section is contempt of
court.
(4) This section does not affect the
exercise of the powers of either house under section 16, Article IV, Oregon
Constitution. [1965 c.294 §1]
171.525
Immunities of witness before legislative committee. Any testimony given by a witness before any
legislative committee shall not be used against the witness in any criminal
action or proceeding, nor shall any criminal action or proceeding be brought
against such witness on account of any testimony so given by the witness,
except for perjury committed before such committee. [Formerly 171.078]
171.530
Privilege of witness before legislative committee. (1) The privilege of a witness who appears
voluntarily or under subpoena before a committee of the Legislative Assembly in
a matter within the jurisdiction of the committee is the same as that of a
witness in judicial proceedings. A statement made by the witness before a
legislative committee which is pertinent to the matter before the legislative
committee is privileged and the witness shall not be subject to an action for
civil damages as a result thereof unless the witness knowingly makes a false and
immaterial statement for the purpose of defaming another.
(2) As used in this section, legislative
committee means a statutory, standing, special or interim committee of either
or both houses, including a legislative task force, established by rule of either
or both houses, by resolution or by law and whether or not all members of the
legislative committee are also members of the Legislative Assembly. [1987 c.797
§1]
171.535 [1983 c.796 §5; repealed by 2007 c.354 §1]
171.540 [1983 c.796 §6; 1989 c.180 §1; repealed by
2007 c.354 §1]
171.545 [1983 c.796 §7; repealed by 2007 c.354 §1]
171.550 [1983 c.796 §8; repealed by 2007 c.354 §1]
171.551 [1997 c.7 §2; 1999 c.270 §1; repealed by
2007 c.354 §1]
171.553 [1997 c.7 §3; 1999 c.270 §2; 1999 c.1026 §24;
2005 c.22 §118; repealed by 2007 c.354 §1]
WAYS AND
MEANS COMMITTEE
171.555
Joint Committee on Ways and Means. (1) Upon election, the President of the Senate and the Speaker of the
House of Representatives shall appoint a Joint Committee on Ways and Means. At
least two of the members appointed from each house shall have had previous
experience on the Joint Committee on Ways and Means. If the Speaker of the
House of Representatives or the President of the Senate is a member, either may
designate from time to time an alternate from among the members of the
respective house to exercise powers as a member of the committee except that
the alternate shall not preside if the Speaker or President is chair. The
President of the Senate shall appoint one cochair for the joint committee and
the Speaker of the House of Representatives shall appoint one cochair for the
joint committee. The cochairs of the joint committee shall alternate as
presiding officers.
(2) The cochairs of the Joint Committee on
Ways and Means are authorized to cause to be investigated, either through the
whole of the committee or by a selected subcommittee, any complaints about the
management or conduct of any of the state institutions, departments, officers
or activities for the support of which state money has been appropriated, or
for which appropriations may hereafter be made.
(3) The Joint Committee on Ways and Means
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.
(4) Action by the Joint Committee on Ways
and Means requires the affirmative vote of a majority of committee members from
the House of Representatives and a majority of committee members from the
Senate. [Formerly 171.080; 1977 c.891 §1; 1981 c.2 §1; 2007 c.790 §1]
STATE BUDGET
POLICY
171.557
State budget policy. (1) The
Legislative Assembly finds that there is a need for a comprehensive, specific
budget format available to all members of the Legislative Assembly so that:
(a) Effective policy decisions can be
made;
(b) Line items in agency budgets can be
identified by program function;
(c) Decisions to increase or decrease
agency budgets can be made with knowledge as to policy and programmatic impact;
and
(d) A more objective comparison can be
made to the Governors budget.
(2) The Legislative Assembly also finds
that the goal of the legislative budgeting process is to afford members a
thorough understanding of:
(a) The policies of state government
regarding the definition and delivery of state services;
(b) What program functions are necessary
to state operations and the cost of these functions; and
(c) The means whereby these policies and
programs are administered.
(3) The goal of the Legislative Assembly
is to decide, as a body, which policies and programs are necessary to discharge
its public responsibilities. Consequently, the Legislative Assembly finds that
there is a need to examine the legislative budgeting process so that:
(a) Policy decisions are made by the
Legislative Assembly as a whole;
(b) Program functions are more closely
identified with line items in agency budgets;
(c) Funding options and priorities are
defined in terms of policies; and
(d) Legislative budgeting identifies
programs which are necessary in terms of policies and state responsibilities,
as opposed to the need to maintain existing program activities. [1989 c.652 §1]
171.559
Duty of Joint Legislative Committee on Ways and Means. The Joint Legislative Committee on Ways and
Means shall examine budgets based upon policy where budget policies affect more
than one agency pursuant to the policies stated in ORS 171.557. [1989 c.652 §2]
171.560 [1961 c.167 §39 (enacted in lieu of
351.030); 1969 c.695 §2; 1971 c.638 §16; 1977 c.891 §2; 1979 c.351 §1; repealed
by 1979 c.351 §5; 171.562 enacted in lieu of 171.560]
SENATE
CONFIRMATION OF EXECUTIVE APPOINTMENTS
171.562
Procedures for confirmation.
The Senate by rule adopted during a session or at a convening of the Senate to
carry out its duties under section 4, Article III of the Oregon Constitution,
shall specify its procedures for the confirming of appointments by the Governor
that are by law subject to confirmation by the Senate. [1981 c.4 §1; enacted in
lieu of 171.560]
171.565
Vote required for confirmation; interim Senate meetings. (1) In case of any executive appointment
made subject to confirmation of the Senate, the affirmative vote of a majority
of the members of the Senate shall be necessary for confirmation. If an
appointment is not confirmed by the Senate, the Governor shall make another
appointment, subject to confirmation by the Senate.
(2) The name of the individual to be
appointed or reappointed shall be submitted to the Senate by the Governor. The
Senate shall take up the question of confirmation as soon after the convening
of a regular or special session as is appropriate or upon a convening of the
Senate to carry out its duties under section 4, Article III of the Oregon
Constitution. The question of confirmation may be referred to committee or it
may be acted upon without such referral.
(3) Members of the Senate convened to
carry out duties of the Senate under section 4, Article III of the Oregon
Constitution, shall be considered in attendance at a meeting of an interim
committee during the period of convening for purposes of ORS 171.072.
(4) If the name of an individual to be
appointed or reappointed submitted by the Governor is not acted upon during the
term of the Legislative Assembly to which it is submitted, the name may be
resubmitted to the subsequent term by the Governor on or after the date the
Legislative Assembly convenes in the subsequent regular session. [1981 c.4 §2;
enacted in lieu of 171.570; 1985 c.35 §1]
171.570 [1969 c.695 §1; 1979 c.351 §2; repealed by
1979 c.351 §5; 171.565 enacted in lieu of 171.570]
171.572 [1981 c.517 §12; repealed by 2001 c.45 §8]
COMPENSATION
AND CLASSIFICATION SYSTEM OVERSIGHT
171.575
Oversight over state compensation and classification system. The Legislative Assembly shall provide
continuing oversight, by committee, task force or other appropriate means, to
insure that compensation and classification in the state service meet the
requirements of ORS 240.190 and other applicable provisions of state law.
Members performing the oversight function shall review the proposed changes to
classification and compensation plans and their implementation as necessary to
determine the progress within each branch of government in achieving policies stated
in ORS 240.190 and other applicable provisions of state law. The oversight
function shall include recommending appropriate actions to remedy any
inequities in the plan. [1989 c.975 §1]
AUDIT
COMMITTEE
171.580
Joint Legislative Audit Committee. (1) There is created a Joint Legislative Audit Committee consisting of
the cochairs of the Joint Committee on Ways and Means, members of the House of
Representatives appointed by the Speaker and members of the Senate appointed by
the President.
(2) The committee has a continuing
existence and may meet, act and conduct its business during sessions of the
Legislative Assembly or any recess thereof and in the interim between sessions.
(3) The term of a member shall expire upon
the convening of the Legislative Assembly in regular session next following the
commencement of the members term. When a vacancy occurs in the membership of
the committee in the interim between sessions, until such vacancy is filled,
the membership of the committee shall be considered not to include the vacant
position for the purpose of determining whether a quorum is present and a
quorum is a majority of the remaining members.
(4) Members of the committee shall receive
an amount equal to that authorized under ORS 171.072 from funds appropriated to
the Legislative Assembly for each day spent in the performance of their duties
as members of the committee or any subcommittee thereof in lieu of
reimbursement for in-state travel expenses. However, when engaged in
out-of-state travel, members shall be entitled to receive their actual and
necessary expenses therefor in lieu of the amount authorized by this
subsection. Payment shall be made from funds appropriated to the Legislative
Assembly.
(5) 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.
(7) The Legislative Fiscal Office shall
furnish to the committee such services of personnel and such other facilities
as are necessary to enable the committee to carry out its functions as directed
by law, with such assistance as the Division of Audits and Oregon Department of
Administrative Services can provide. [1989 c.128 §1; 1997 c.331 §1; 1999 c.59 §34;
1999 c.567 §1; 2007 c.790 §6]
171.585
Duties of committee. The Joint
Legislative Audit Committee shall:
(1) Review all audits and make
recommendations for change or remediation by the agency or other organization
under review to the Emergency Board, the
(2) Accept requests for performance and
program audits from individual legislators, legislative committees, the
Division of Audits, the Budget and Management Division and the Legislative
Fiscal Office.
(3) In conjunction with the Director of
the Division of Audits, set priorities on the basis of risk assessment for
performance and program audits and program evaluations.
(4) With the advice and assistance of the
Legislative Fiscal Officer, the Administrator of the Budget and Management
Division and the Director of the Division of Audits, determine the type of
audit, evaluation or review utilizing criteria to include but not be limited to
the nature and scope of the task, the time frame involved, necessary
professional guidelines, economy, efficiency, cost and cost responsibility.
(5) Not later than 12 months after the
issuance of an audit report, review the actions of an agency or other
government organization for compliance with the recommendations of the audit
report.
(6) Assign tasks to the Legislative Fiscal
Office, the Budget and Management Division, the Division of Audits or a special
task force.
(7) Review state agency performance
measures and make recommendations for change. [1989 c.128 §2; 1997 c.847 §3;
2005 c.837 §19]
171.590
Cooperation of state agencies.
(1) In carrying out specific program evaluations and reviews, the Legislative
Fiscal Office may utilize the services of the Division of Audits, the Budget
and Management Division, other statutory agencies of the Legislative Assembly
and staff of the substantive committees as necessary. The Division of Audits
shall undertake a performance audit at the direction of the Joint Legislative
Audit Committee and report to the committee.
(2) The Emergency Board shall make funds
available to the Division of Audits to reimburse it for expenses incurred under
this section for a performance audit. [1989 c.128 §3]
171.595 [1999 c.1039 §1; repealed by 2007 c.354 §1]
171.600 [1999 c.1039 §2; repealed by 2007 c.354 §1]
INTERIM
COMMITTEES
171.605
Construction of ORS 171.605 to 171.635. (1) The powers described in ORS 171.605 to 171.635 are supplementary
and in addition to those otherwise possessed by interim committees and their
members. ORS 171.605 to 171.635 are not intended to limit the powers that would
be possessed by interim committees and their members had ORS 171.605 to 171.635
not been enacted.
(2) The Legislative Assembly intends that
no provision of any joint resolution creating an interim committee be construed
to supersede any provision of ORS 171.610 to 171.620, whether by implication or
otherwise, unless the joint resolution specifically provides that its provision
supersedes as to the particular interim committee that it creates. [1961 c.167 §1]
171.610
Functions. The Legislative
Assembly may by joint resolutions create interim committees to:
(1) Make studies of and inquiries into any
subject of assistance to the Legislative Assembly, or either house thereof, in
exercising its legislative authority.
(2) Report information of assistance to
the Legislative Assembly, or either house thereof, in exercising its
legislative authority.
(3) Prepare and submit recommendations,
which may include proposed legislative measures, to the Legislative Assembly. [1961
c.167 §2]
171.615
Duration. An interim
committee may function during the period beginning at the adjournment sine die
of that session of the Legislative Assembly during which it was created, and
ending at the convening of the next regular biennial legislative session. [1961
c.167 §4]
171.620
Powers. Unless otherwise
specifically provided by law or by the joint resolution creating it, and in
addition to any other powers it possesses, an interim committee may:
(1) Perform such acts as the committee
finds necessary to carry out its powers and the purposes expressed in the joint
resolution creating it.
(2) Select its officers and adopt such
rules for its organization and proceedings as the committee considers
convenient to exercise its powers and accomplish its purposes.
(3) Hold meetings at such times and
places, whether within or without this state, as the committee considers
expedient.
(4) Use advisory committees or
subcommittees, the members to be appointed by the chairperson of the interim
committee subject to approval by a majority of the members of the interim
committee. The advisory committees or subcommittees may include individuals
other than members of the Legislative Assembly.
(5) Reimburse members of advisory
committees or subcommittees who are not members of the Legislative Assembly for
their actual and necessary travel and other expenses incurred in the
performance of their duties. [1961 c.167 §5; 1975 c.530 §2]
171.625 [1961 c.167 §6; 1969 c.620 §14; 1977 c.121 §1;
repealed by 1981 c.517 §6 (171.206 enacted in lieu of 171.205, 171.211, 171.215
and 171.625)]
171.630
Vacancies; appointment of alternates by presiding officers. (1) In case of a vacancy among the
membership of an interim committee, the authority who appointed a member to the
position vacant may appoint a member to fill the vacancy.
(2) For the purposes of this section, a
member of an interim committee appointed in the capacity of the member as a
member of the Legislative Assembly ceases to be a member of the interim
committee:
(a) If the member ceases to be a member of
the Legislative Assembly.
(b) If the member is presiding officer of
either house of the Legislative Assembly and the member, as presiding officer,
serves as Governor during the Governors temporary inability to discharge the
duties of the office of the Governor.
(3) A presiding officer of either house of
the Legislative Assembly who is a member of an interim committee may, except
when serving as Governor, from time to time designate an alternate from among
the members of the house of the presiding officer to exercise the powers of the
presiding officer as a member of the committee. [1961 c.167 §7; 2001 c.31 §1]
171.635
Appointment of nonlegislators.
Provision may be made, in the joint resolution creating an interim committee,
for the appointment to the committee of individuals other than members of the
Legislative Assembly. [1961 c.167 §3]
171.640
Appointment of interim committees; membership; topics of study; employees;
expenses. (1) As used in
this section:
(a) Appointing authority means the
President of the Senate or the Speaker of the House of Representatives, subject
to the rules of the respective bodies over which each presides.
(b) Interim committee includes any
committee of three or more members of the Legislative Assembly appointed
pursuant to the provisions of this section to pursue the functions described in
ORS 171.610, whether the appointing authority designates the committee an
interim committee, task force, special committee or any other term customarily
used in describing legislative committees functioning during the interim
period.
(2) Upon or during the interim following
adjournment of a regular session of the Legislative Assembly, the appointing
authorities may appoint interim committees of members of the house over which
the particular authority presides, or members of both houses, and may assign
the general topic of study or concern to the committee.
(3) The appointing authorities may appoint
members of the public to an interim committee. The appointing authorities must
consult with each other before appointing members of the public to a joint
interim committee. The appointing authority may appoint the chairperson of an
interim committee. An appointing authority must notify the Legislative
Administration Committee in writing of the appointment and membership of all
interim committees created.
(4) An interim committee created under
authority of this section is subject to the provisions of ORS 171.605 to
171.635 and has the authority contained in ORS 171.505 and 171.510. An interim
committee created under authority of this section may file its written report
at any time within 30 days after its final meeting, or at such later time as
the appointing authority or, in the case of a joint committee, as the
appointing authorities may designate.
(5) An appointing authority may employ the
persons that the appointing authority considers necessary to perform the
function of the interim committees created under authority of this section. The
appointing authority shall fix the duties and amounts of compensation of
employees. Interim committees shall use the services of permanent legislative
staff to the greatest extent practical.
(6) Members of the Legislative Assembly
are entitled to an allowance as authorized by law for each day that they are
engaged in interim committee business that is approved by the appointing
authority. Claims for expenses incurred in performing functions of an interim
committee shall be paid out of funds appropriated for the expenses of the
Legislative Assembly. [1987 c.879 §24; 2003 c.207 §5]
171.645 [1991 c.693 §1a; 1993 c.45 §22; repealed by
1995 c.79 §55]
INTERIM
AUTHORITY FOR STAFF AND DISBURSEMENTS
171.650
Interim staff for presiding officers. The President of the Senate and the Speaker of the House of
Representatives each may appoint an interim staff to assist the President or
Speaker during the period between sessions of the Legislative Assembly. Each
presiding officer shall fix the compensation and prescribe the duties of the
interim staff of the presiding officer. Expenses incurred for each interim
staff appointed under this section shall be paid from amounts appropriated by
law out of the General Fund for payment of the expenses of the Legislative
Assembly. [1969 c.236 §2]
171.660 [1969 c.236 §3; repealed by 1975 c.530 §9]
171.670
Authority for approval of disbursements during interim. Subject to any other grant of or limitation
on authority to authorize the incurring of and approve disbursements for
indebtedness or expenses of the Legislative Assembly to be paid from amounts
appropriated by law out of the General Fund for that purpose, which may be
adopted by joint resolution of both houses, such authority is vested as
follows:
(1) For general expenses of the Legislative
Assembly not specifically attributable to either house, in the Legislative
Administration Committee.
(2) For expenses specifically attributable
to either house, in the President of the Senate or the Speaker of the House of
Representatives, as the case may be. [1975 c.530 §8]
171.705 [1963 s.s. c.1 §1; 1975 c.136 §1; 1979 c.593
§1; renumbered 183.710]
171.707 [1975 c.136 §3 (enacted in lieu of 171.710);
1977 c.344 §1; 1979 c.593 §2; renumbered 183.715]
171.709 [1975 c.136 §4 (enacted in lieu of 171.710);
1977 c.344 §3; 1979 c.593 §3; renumbered 183.720]
171.710 [1963 s.s. c.1 §2; repealed by 1975 c.136 §2
(171.707, 171.709, 171.713 enacted in lieu of 171.710)]
171.713 [1975 c.136 §5 (enacted in lieu of 171.710);
1977 c.344 §4; renumbered 183.725]
171.715 [1977 c.161 §3; repealed by 1979 c.593 §34]
LOBBYING
REGULATION
171.725
Definitions for ORS 171.725 to 171.785. As used in ORS 171.725 to 171.785, unless the context requires
otherwise:
(1) Compensation has the meaning given
that term in ORS 292.951.
(2) Consideration includes a gift,
payment, distribution, loan, advance or deposit of money or anything of value,
and includes a contract, promise or agreement, whether or not legally
enforceable.
(3) Executive agency means a commission,
board, agency or other body in the executive branch of state government that is
not part of the legislative or judicial branch.
(4) Executive official means any member
or member-elect of an executive agency and any member of the staff or an employee
of an executive agency. A member of a state board or commission, other than a
member who is employed in full-time public service, is not an executive
official for purposes of ORS 171.725 to 171.785.
(5) Judge means an active judge serving
on the Oregon Supreme Court, Court of Appeals, Oregon Tax Court, or an
(6) Legislative action means
introduction, sponsorship, testimony, debate, voting or any other official
action on any measure, resolution, amendment, nomination, appointment, or
report, or any matter that may be the subject of action by either house of the
Legislative Assembly, or any committee of the Legislative Assembly, or the
approval or veto thereof by the Governor.
(7) Legislative official means any
member or member-elect of the Legislative Assembly, any member of an agency,
board or committee that is part of the legislative branch, and any staff
person, assistant or employee thereof.
(8) Lobbying means influencing, or
attempting to influence, legislative action through oral or written
communication with legislative officials, solicitation of executive officials
or other persons to influence or attempt to influence legislative action or
attempting to obtain the goodwill of legislative officials.
(9) Lobbyist means:
(a) Any individual who agrees to provide
personal services for money or any other consideration for the purpose of
lobbying.
(b) Any person not otherwise subject to
paragraph (a) of this subsection who provides personal services as a
representative of a corporation, association, organization or other group, for
the purpose of lobbying.
(c) Any public official who lobbies.
(10) Public agency means a commission,
board, agency or other governmental body.
(11) Public official means any member or
member-elect of any public agency and any member of the staff or an employee of
the public agency. [1973 c.802 §2; 1975 c.747 §1; 1977 c.588 §1; 1987 c.566 §1;
1991 c.378 §1; 2001 c.751 §1; 2007 c.877 §6]
171.730
Legislative finding. The
Legislative Assembly finds that, to preserve and maintain the integrity of the
legislative process, persons who engage in efforts to influence legislative
action, either by direct communication with legislative officials or by
solicitation of executive officials or other persons to engage in those
efforts, should regularly report their efforts to the public. [1973 c.802 §1;
2001 c.751 §2; 2007 c.877 §6a]
171.735
Exceptions to application of ORS 171.740 and 171.745. ORS 171.740 and 171.745 do not apply to the
following persons:
(1) News media, or their employees or
agents, that in the ordinary course of business directly or indirectly urge
legislative action but that engage in no other activities in connection with
the legislative action.
(2) Any legislative official acting in an
official capacity.
(3) Any individual who does not receive
compensation or reimbursement of expenses for lobbying, who limits lobbying
activities solely to formal appearances to give testimony before public
sessions of committees of the Legislative Assembly, or public hearings of state
agencies, and who, when testifying, registers an appearance in the records of
the committees or agencies.
(4) A person who does not spend more than
an aggregate amount of 24 hours during any calendar quarter lobbying and who
does not spend an aggregate amount in excess of $100 lobbying during any
calendar quarter.
(5) The Governor, chief of staff for the
Governor, deputy chief of staff for the Governor, legal counsel to the
Governor, deputy legal counsel to the Governor, Secretary of State, Deputy
Secretary of State appointed pursuant to ORS 177.040, State Treasurer, Chief
Deputy State Treasurer appointed pursuant to ORS 178.060, chief of staff for
the office of the State Treasurer, Attorney General, Deputy Attorney General
appointed pursuant to ORS 180.130, Superintendent of Public Instruction,
Commissioner of the Bureau of Labor and Industries, members and staff of the
Oregon Law Commission who conduct the law revision program of the commission or
any judge. [1973 c.802 §3; 1974 c.72 §27; 1975 c.747 §2; 1977 c.588 §1a; 1979
c.666 §1; 1981 c.528 §1; 1987 c.566 §2; 1991 c.378 §2; 1993 c.714 §1; 2001
c.751 §3; 2007 c.877 §6b]
171.740
Lobbyist registration; contents of statement. (1) Within three business days after exceeding the limit of time or
expenditure specified in ORS 171.735 (4), a lobbyist shall register with the
Oregon Government Ethics Commission by filing with the commission a statement
containing the following information:
(a) The name, address and telephone number
of the lobbyist.
(b) The name, address and telephone number
of each person that employs the lobbyist or in whose interest the lobbyist
appears or works.
(c) A general description of the trade,
business, profession or area of endeavor of any person designated under
paragraph (b) of this subsection, and a statement by the person that the
lobbyist is officially authorized to lobby for the person.
(d) The name of any member of the
Legislative Assembly employed, retained or otherwise compensated by:
(A) The lobbyist designated under
paragraph (a) of this subsection; or
(B) A person designated under paragraph
(b) of this subsection.
(e) The general subject or subjects of the
legislative action of interest to the person for whom the lobbyist is registered.
(2) The designation of official
authorization to lobby shall be signed by an official of each person that
employs the lobbyist or in whose interest the lobbyist appears or works.
(3) A lobbyist must file a separate
registration statement under this section for each person that employs the
lobbyist or in whose interest the lobbyist appears or works. If a lobbyist
appears or works for a person for whom the lobbyist has not registered, the
lobbyist shall register with the commission not later than three business days
after the day the lobbyist first appears or works for the person.
(4) If any of the information submitted by
a lobbyist in the statement required under subsection (1) of this section
changes, the lobbyist shall revise the statement within 30 days of the change.
(5) A lobbyist registration expires
December 31 of an odd-numbered year. If a lobbyist renews the registration
before March 31 of the following even-numbered year, the commission shall
consider the registration to have been effective as of December 31 of the
odd-numbered year on which the registration expired.
(6) For the statement required by this
section, an entity comprised of more than one lobbyist may file one statement
for the lobbyists who comprise the entity. The statement the entity files must
include the names of the individuals authorized to lobby on behalf of the
client listed in the statement. [1973 c.802 §4; 1974 c.72 §28; 1975 c.747 §3;
1987 c.566 §3; 1993 c.714 §2; 2001 c.751 §4; 2007 c.877 §6c]
171.743 [1993 c.714 §3; repealed by 2001 c.751 §9]
171.745
Lobbyist statements of expenditures. (1) A lobbyist registered with the Oregon Government Ethics Commission
or required to register with the commission shall, according to the schedule
described in ORS 171.752, file with the commission a statement showing for the
applicable reporting period:
(a) The total amount of all moneys
expended for food, refreshments and entertainment by the lobbyist for the
purpose of lobbying.
(b) The name of any legislative or executive
official to whom or for whose benefit, on any one occasion, an expenditure is
made for the purposes of lobbying, and the date, name of payee, purpose and
amount of that expenditure. This paragraph applies if the total amount expended
on the occasion by one or more persons exceeds $50.
(2) Statements required by this section
need not include amounts expended by the lobbyist for personal living and
travel expenses and office overhead, including salaries and wages paid for
staff and secretarial assistance, and maintenance expenses. If the amount of
any expenditure required to be included in a statement is not accurately known
at the time the statement is required to be filed, an estimate of the
expenditure shall be submitted in the statement and designated as an estimate.
The exact amount expended for which a previous estimate was made shall be
submitted in a subsequent report when the information is available.
(3) A statement required by this section
shall include a copy of any notice provided to a public official under ORS
244.100 (2).
(4) For each statement required by this
section, an entity comprised of more than one lobbyist may file one statement
that reports expenditures by the entity and not by individual lobbyists. [1973
c.802 §5; 1974 c.72 §29; 1975 c.747 §4; 1979 c.666 §2; 1987 c.158 §32; 1987
c.566 §4; 1991 c.354 §1; 1991 c.677 §2; 1993 c.743 §4; 2001 c.751 §5; 2007
c.865 §39; 2007 c.877 §6d]
Note: Section 41, chapter 877, Oregon Laws 2007,
provides:
Sec.
41. (1) Section 5 of this
2007 Act [171.752] and the amendments to ORS 171.745 and 171.750 by sections 6d
and 7 of this 2007 Act apply to statements required to be filed for reporting
periods beginning on or after January 1, 2008.
(2) The first statement filed under ORS
171.745, as amended by section 6d of this 2007 Act, shall include amounts
expended prior to January 1, 2008, that were not included in a statement filed
prior to January 1, 2008.
(3) Notwithstanding ORS 171.750, as
amended by section 7 of this 2007 Act, a person required to file a statement
under ORS 171.750 for the calendar year 2007 shall file the statement not later
than January 31, 2008.
(4) The amendments to ORS 171.772 and
244.290 by sections 8 and 9c of this 2007 Act apply to statements required to
be filed on or after January 1, 2008.
(5) The amendments to ORS 171.992 and
244.350 by sections 10 and 11a of this 2007 Act apply to:
(a) Violations of any provision of ORS
171.740 to 171.762, any rule adopted under ORS 171.725 to 171.785, ORS chapter
244 or any resolution adopted under ORS 244.160 occurring on or after January
1, 2008;
(b) Violations of ORS 293.708 occurring
prior to, on or after January 1, 2008; and
(c) Statements of economic interest
required to be filed on or after January 1, 2008.
(6) The amendments to ORS 244.360 by
section 12a of this 2007 Act apply to violations of any provision of ORS
chapter 244 occurring prior to, on or after January 1, 2008.
(7) The amendments to ORS 244.050 by
section 13 of this 2007 Act apply to statements of economic interest required
to be filed on or after January 1, 2008.
(8) The amendments to ORS 260.407 by
section 14 of this 2007 Act apply to expenditures or distributions of
contributions made on or after January 1, 2008.
(9) The amendments to ORS 244.045 by
section 15 of this 2007 Act apply to persons who cease being members of the
Legislative Assembly on or after January 1, 2008. [2007 c.877 §41; 2007 c.877 §48]
171.750
Lobbyist employer statements of expenditures. (1) Any person on whose behalf a lobbyist was registered, or was
required to register, with the Oregon Government Ethics Commission at any time
during the calendar year shall file with the commission, according to the
schedule described in ORS 171.752, a statement showing for the applicable
reporting period:
(a) The total amount of all moneys
expended for lobbying activities on the persons behalf, excluding living and
travel expenses incurred for a lobbyist performing lobbying services.
(b) The name of any legislative or
executive official to whom or for whose benefit, on any one occasion, an
expenditure is made for the purposes of lobbying by the person, and the date,
name of payee, purpose and amount of that expenditure. This paragraph applies
if the total amount expended on the occasion by one or more persons exceeds
$50. This paragraph does not apply to information reported in compliance with
ORS 171.745.
(c) The name of each registered lobbyist
or entity comprised of more than one lobbyist to whom the person paid moneys
for lobbying activities on the persons behalf, excluding living and travel
expenses incurred for a lobbyist performing lobbying services, and the total
amount of moneys paid to that lobbyist or entity.
(2) A statement required under subsection
(1) of this section shall include a copy of any notice provided to a public
official under ORS 244.100 (2). [1973 c.802 §6; 1975 c.747 §5; 1979 c.666 §3;
1987 c.566 §5; 1991 c.677 §3; 2001 c.751 §6; 2007 c.865 §40; 2007 c.877 §7]
Note: See note under 171.745.
171.752
Time for filing statements.
Statements required to be filed with the Oregon Government Ethics Commission
under ORS 171.745 and 171.750 shall be filed in each calendar year:
(1) Not later than April 15, for the
accounting period beginning January 1 and ending March 31;
(2) Not later than July 15, for the
accounting period beginning April 1 and ending June 30;
(3) Not later than October 15, for the
accounting period beginning July 1 and ending September 30; and
(4) Not later than January 15 of the
following calendar year, for the accounting period beginning October 1 and
ending December 31. [2007 c.877 §5]
Note: See note under 171.745.
Note: 171.752 was added to and made a part of
171.725 to 171.785 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
171.755 [1965 c.488 §1; repealed by 1973 c.802 §15]
171.756
Prohibited conduct. (1) A
lobbyist may not instigate the introduction of any legislative action for the
purpose of obtaining employment to lobby in opposition to the legislative
action.
(2) A lobbyist may not attempt to
influence the vote of any member of the Legislative Assembly by the promise of
financial support of the candidacy of the member, or by threat of financing
opposition to the candidacy of the member, at any future election.
(3) A person may not lobby or offer to
lobby for consideration any part of which is contingent upon the success of any
lobbying activity.
(4) A legislative or executive official
may not receive consideration other than from the State of
171.760 [1965 c.488 §4; repealed by 1973 c.802 §15]
171.762
Verification of reports, registrations and statements. (1) Each report, registration or statement
required by ORS 171.725 to 171.785 shall contain or be verified by a written
declaration that it is made under the penalties of false swearing. Such
declaration shall be in lieu of any oath otherwise required.
(2) No person shall willfully make and
subscribe any document which contains or is verified by a written declaration
for false swearing which the person does not believe to be true and correct to
every matter. [1973 c.802 §8; 1979 c.666 §4]
171.764
False statement or misrepresentation by lobbyist or public official; defense. (1) No lobbyist or public official, as
defined in ORS 244.020, shall make any false statement or misrepresentation to
any legislative or executive official or, knowing a document to contain a false
statement, cause a copy of such document to be received by a legislative or
executive official without notifying such official in writing of the truth as
prescribed in subsection (2) of this section.
(2) It is a defense to a charge of
violation of subsection (1) of this section if the person who made the false
statement or misrepresentation retracts the statement or misrepresentation and
notifies the official in writing of the truth:
(a) In a manner showing complete and
voluntary retraction of the prior false statement or misrepresentation; and
(b) Before the subject matter of the false
statement or misrepresentation is submitted to a vote of a legislative
committee or either house of the Legislative Assembly or is relied upon by an
executive official in an administrative hearing.
(3) As used in this section:
(a) False statement or
misrepresentation means the intentional misrepresentation or misstatement of a
material fact.
(b) Material means that which may have
affected the course or outcome of any proceeding or transaction if known prior
to the proceeding or transaction. [1993 c.743 §6]
171.765 [1965 c.488 §2; repealed by 1973 c.802 §15]
171.766
Status of reports, registrations and statements. All information submitted to the Oregon
Government Ethics Commission in any report, registration or statement required
by ORS 171.725 to 171.785 is a public record. [1973 c.802 §9; 1983 c.740 §38]
171.770 [1965 c.488 §3; repealed by 1973 c.802 §15]
171.772
Forms for reports, registrations and statements; rules; electronic filing. In carrying out the provisions of ORS
171.725 to 171.785, the Oregon Government Ethics Commission shall:
(1) Prescribe by rule forms for
registrations, statements and reports required to be filed by ORS 171.725 to
171.785 and provide the forms to persons required to register and to file the
statements and reports.
(2) Accept and file any information
voluntarily supplied that exceeds the requirements of ORS 171.725 to 171.785.
(3) Make registrations, statements and
reports filed available for public inspection and copying during regular office
hours, and make copying facilities available at a charge not to exceed actual
cost.
(4) Adopt by rule an electronic filing system
under which statements required to be filed under ORS 171.745 and 171.750 may
be filed with the commission in an electronic format. The commission may not
charge a fee for filing a statement under this subsection. The commission shall
accept statements filed under ORS 171.745 and 171.750 in a format that is not
electronic.
(5) Provide training on procedures for
filing statements under subsection (4) of this section.
(6) Make statements filed under ORS
171.745 and 171.750, including statements that are not filed in an electronic
format, available in a searchable format for review by the public using the
Internet. [1973 c.802 §10; 1983 c.740 §39; 2007 c.865 §27; 2007 c.877 §8]
Note: The amendments to 171.772 by section 8a,
chapter 877,
171.772. In carrying out the provisions of ORS
171.725 to 171.785, the Oregon Government Ethics Commission shall:
(1) Prescribe by rule forms for
registrations, statements and reports required to be filed by ORS 171.725 to
171.785 and provide the forms to persons required to register and to file the
statements and reports.
(2) Accept and file any information
voluntarily supplied that exceeds the requirements of ORS 171.725 to 171.785.
(3) Make registrations, statements and
reports filed available for public inspection and copying during regular office
hours, and make copying facilities available at a charge not to exceed actual
cost.
(4) Adopt by rule an electronic filing
system under which statements required to be filed under ORS 171.745 and
171.750 must be filed with the commission in an electronic format. The
commission may not charge a fee for filing a statement under this subsection.
(5) Provide training on procedures for
filing statements under subsection (4) of this section.
(6) Make statements filed under ORS
171.745 and 171.750 available in a searchable format for review by the public
using the Internet.
Note: See note under 171.745.
171.775 [1965 c.488 §5; repealed by 1973 c.802 §15]
171.776
Commission duties; advisory opinions; status of opinions. (1) In addition to the duties prescribed in
ORS 171.772, the Oregon Government Ethics Commission may make inquiries or
investigations in the manner prescribed in ORS 171.778 with respect to
registrations, statements and reports filed under ORS 171.725 to 171.785, and
with respect to any alleged failure to register or to file any statements or
reports required under ORS 171.725 to 171.785, and upon signed complaint by any
individual or on its own instigation, with respect to apparent violation of any
part of ORS 171.725 to 171.785.
(2) Upon written request of any lobbyist,
lobbyist employer or any person, or upon its own motion, the commission, under
signature of the chairperson, may issue and publish opinions on the
requirements of ORS 171.725 to 171.785, based on actual or hypothetical
circumstances.
(3) If any lobbyist or lobbyist employer
associated with the lobbyist is in doubt whether a proposed transaction or
action constitutes a violation of ORS 171.725 to 171.785, the lobbyist or
lobbyist employer may request in writing a determination from the commission. The
requester shall supply such information as the commission requests to enable it
to issue the interpretation.
(4) A lobbyist or lobbyist employer
associated with the lobbyist shall not be liable under ORS 171.725 to 171.785
for any action or transaction carried out in accordance with an advisory
interpretation issued under subsection (3) of this section. Such an advisory
interpretation shall be considered a formal opinion having precedential effect
and shall be subject to review by legal counsel to the commission before the
interpretation is sent to the requester. [1973 c.802 §11; 1983 c.740 §40; 1993
c.743 §7]
171.778
Complaint and adjudicatory process; confidential Preliminary Review Phase;
Investigatory Phase; possible actions by order; report of findings; contested
case procedure; limitation on commission action. (1)(a) Any person may file with the Oregon
Government Ethics Commission a signed written complaint alleging that there has
been a violation of any provision of ORS 171.725 to 171.785 or of any rule
adopted by the commission under ORS 171.725 to 171.785. The complaint shall
state the persons reason for believing that a violation occurred and include
any evidence relating to the alleged violation.
(b) If at any time the commission has
reason to believe that there has been a violation of a provision of ORS 171.725
to 171.785 or of a rule adopted by the commission under ORS 171.725 to 171.785,
the commission may proceed under this section on its own motion as if the
commission had received a complaint.
(2)(a) Not later than two business days
after receiving a complaint under this section, the commission shall notify the
person who is the subject of the complaint.
(b) Before approving a motion to proceed
under this section without a complaint, the commission shall provide notice to
the person believed to have committed the violation of the time and place of
the meeting at which the motion will be discussed. If the commission decides to
proceed on its own motion, the commission shall give notice to the person not
later than two business days after the motion is approved.
(c) The commission shall give notice of
the complaint or motion under paragraph (a) or (b) of this subsection by mail
and by telephone if the person can be reached by telephone. The notice must
describe the nature of the alleged violation. The mailed notice must include
copies of all materials submitted with a complaint. If the commission will
consider a motion to proceed without a complaint, the notice must provide
copies of all materials that the commission will consider at the hearing on the
motion.
(3) After receiving a complaint or
deciding to proceed on its own motion, the commission shall undertake action in
the Preliminary Review Phase to determine whether there is cause to undertake
an investigation.
(4)(a) The Preliminary Review Phase begins
on the date the complaint is filed or the date the commission decides to
proceed on its own motion and ends on the date the commission determines there
is cause to undertake an investigation, dismisses the complaint or rescinds its
own motion. The Preliminary Review Phase may not exceed 135 days unless a delay
is stipulated to by both the subject person and the commission, with the
commission reserving a portion of the delay period to complete its actions.
(b) During the Preliminary Review Phase,
the commission may seek, solicit or otherwise obtain any books, papers,
records, memoranda or other additional information, administer oaths and take
depositions necessary to determine whether there is cause to undertake an
investigation.
(c) The Preliminary Review Phase is
confidential. Commission members and staff may acknowledge receipt of a
complaint but may not make any public comment or publicly disclose any
materials relating to a case during the Preliminary Review Phase. A person who
intentionally violates this paragraph is subject to a civil penalty in an
amount not to exceed $1,000. Any person aggrieved as a result of a violation of
this paragraph by a member of the commission or its staff may file a petition
in a court of competent jurisdiction in the county in which the petitioner
resides in order to enforce the civil penalty provided in this paragraph.
(d) At the conclusion of the Preliminary
Review Phase, the commission shall conduct its deliberations in executive
session. All case related materials and proceedings shall be open to the public
after the commission makes a finding of cause to undertake an investigation,
dismisses a complaint or rescinds a motion. Prior to the end of the Preliminary
Review Phase, the executive director of the commission shall prepare a
statement of the facts determined during the phase, including appropriate legal
citations and relevant authorities. Before presentation to the commission, the
executive directors statement shall be reviewed by legal counsel to the
commission.
(e) The time limit imposed in this
subsection and the commissions inquiry are suspended if:
(A) There is a pending criminal
investigation that relates to the issues arising out of the underlying facts or
conduct at issue in the matter before the commission, unless the parties
stipulate otherwise; or
(B) A court has enjoined the commission
from continuing its inquiry.
(5)(a) If the commission determines that
there is not cause to undertake an investigation, the commission shall dismiss
the complaint or rescind its motion and formally enter the dismissal or
rescission in its records. The commission shall notify the person who is the
subject of the inquiry of the dismissal or rescission. After dismissal or
rescission, the commission may not take further action involving the person
unless a new and different complaint is filed or action on the commissions own
motion is undertaken based on different conduct.
(b) If the commission makes a finding of
cause to undertake an investigation, the commission shall undertake action in
the Investigatory Phase. The commission shall notify the person who is the
subject of the investigation, identify the issues to be examined and confine
the investigation to those issues. If the commission finds reason to expand the
investigation, the commission shall move to do so, record in its minutes the
issues to be examined before expanding the scope of its investigation and
formally notify the complainant, if any, and the person who is the subject of
the investigation of the expansion and the scope of the investigation.
(6)(a) The Investigatory Phase begins on
the date the commission makes a finding of cause to undertake an investigation
and ends on the date the commission dismisses the complaint, rescinds its own
motion, issues a settlement order, moves to commence a contested case
proceeding or takes other action justified by the findings. The Investigatory
Phase may not exceed 180 days unless a delay is stipulated to by both the
subject person and the commission, with the commission reserving a portion of
the delay period to complete its actions.
(b) During the Investigatory Phase, the
commission may seek any additional information, administer oaths, take depositions
and issue subpoenas to compel attendance of witnesses and the production of
books, papers, records, memoranda or other information necessary to complete
the investigation. If any person fails to comply with any subpoena issued under
this paragraph or refuses to testify on any matters on which the person may be
lawfully interrogated, the commission shall follow the procedure described in
ORS 183.440 to compel compliance.
(c) The time limit imposed in this
subsection and the commissions investigation are suspended if:
(A) There is a pending criminal
investigation that relates to the issues arising out of the underlying facts or
conduct at issue in the matter before the commission, unless the parties
stipulate otherwise; or
(B) A court has enjoined the commission
from continuing its investigation.
(d) At the end of the Investigatory Phase,
the commission shall take action by order. The action may include:
(A) Dismissal, with or without comment;
(B) Continuation of the investigation for
a period not to exceed 30 days for the purpose of additional fact-finding;
(C) Moving to a contested case proceeding;
(D) Entering into a negotiated settlement;
or
(E) Taking other appropriate action if
justified by the findings.
(e) The commission may move to a contested
case proceeding if the commission determines that the information presented to
the commission is sufficient to make a preliminary finding of a violation of
any provision of ORS 171.725 to 171.785 or of any rule adopted by the
commission under ORS 171.725 to 171.785.
(7) A person conducting any inquiry or
investigation under this section shall:
(a) Conduct the inquiry or investigation
in an impartial and objective manner; and
(b) Provide to the commission all
favorable and unfavorable information the person collects.
(8) The commission shall report the
findings of any inquiry or investigation in an impartial manner. The commission
shall report both favorable and unfavorable findings and shall make the
findings available to:
(a) The person who is the subject of the
inquiry or investigation; and
(b) Any employer of the person.
(9) Hearings conducted under ORS 171.725
to 171.785 must be held before an administrative law judge assigned from the
Office of Administrative Hearings established under ORS 183.605. The procedure
shall be that for a contested case under ORS chapter 183.
(10) The commission may not inquire into
or investigate any conduct that occurred more than four years before a
complaint is filed or a motion is approved under subsection (1) of this
section.
(11) This section does not prevent the
commission and the person alleged to have violated any provision of ORS 171.725
to 171.785 or any rule adopted by the commission under ORS 171.725 to 171.785
from stipulating to a finding of fact concerning the violation and consenting
to an appropriate penalty. The commission shall enter an order based on the
stipulation and consent.
(12) At any time during proceedings
conducted under this section, the commission may enter into a negotiated settlement
with the person who is the subject of action under this section.
(13) As used in this section, cause and pending
have the meanings given those terms in ORS 244.260. [1993 c.743 §2; 1993 c.747 §1;
1999 c.849 §§48,49; 2003 c.75 §27; 2007 c.865 §24]
Note: Section 46 (10), chapter 865, Oregon Laws
2007, provides:
Sec.
46. (10) The amendments to
ORS 171.778, 244.260 and 244.400 by sections 23, 24 and 26 of this 2007 Act
apply to complaints filed on or after January 1, 2008, and actions first commenced
by the Oregon Government Ethics Commission on its own motion on or after
January 1, 2008. [2007 c.865 §46(10)]
171.780 [1973 c.802 §14; repealed by 1981 c.522 §2]
171.785
Sanctions prescribed by either chamber of Legislative Assembly; uniform application. (1) In addition to such penalties as
otherwise may be provided by law, a person is subject to such sanctions as
either house of the Legislative Assembly may prescribe if the person:
(a) Violates any provision of ORS 171.740
to 171.762; or
(b) Fails to file any report, registration
or statement or to furnish any information required by ORS 171.725 to 171.785
and 171.992.
(2) The sanctions referred to in
subsection (1) of this section shall be uniformly applied to all persons
subject to ORS 171.725 to 171.785 and 171.992. [1973 c.802 §12]
CONTACT WITH LEGISLATIVE
ASSEMBLY
171.790
Contact with Legislative Assembly by local government officials and employees. Notwithstanding any provision of a city or
county charter or any ordinance or order adopted thereunder, a city or county
shall not:
(1) Prohibit an elected official, other
officer or employee of the city or county from initiating contacts with
legislators or giving testimony before public sessions of committees of the
Legislative Assembly or public hearings of state agencies when:
(a) The contacts are made or testimony
given as a representative of the city or county;
(b) The contacts are made or testimony
given to represent the interests of the city or county or the residents
thereof;
(c) No substantial part of the duties
performed by the official, officer or employee consists of influencing or
attempting to influence matters which may be the subject of action by either
house of the Legislative Assembly or any of its committees;
(d) The official, officer or employee
receives no consideration for making the contacts or giving testimony other
than the remuneration ordinarily paid to the official, officer or employee out
of the funds of the city or county in return for duties performed for the city
or county, together with reimbursement for expenses actually and necessarily
incurred in appearing before the legislative committees or state agencies; and
(e) The official, officer or employee is
not required to register with the Oregon Government Ethics Commission under ORS
171.725 to 171.785 and the rules of the commission adopted thereunder.
(2) Prohibit an elected official, other
officer or employee of the city or county from initiating contacts with
legislators when the contacts are made to express personal political views and
do not occur during working hours while the official, officer or employee is on
the job.
(3) Prohibit an elected official, other
officer or employee of the city or county from responding to requests from
legislators or committees of the Legislative Assembly for information, data or
opinions. [1985 c.788 §1]
171.795
Electronic distribution of information. (1) The Legislative Assembly finds and declares that it is now
possible and feasible in this electronic age to distribute information more
widely by way of electronic communication. The Legislative Assembly further
finds that it is desirable to make information available to the citizens of
this state in a timely manner and for the least possible cost. The use of electronic
communication will:
(a) Better inform the public of
legislative proceedings and matters pending before the Legislative Assembly;
(b) Allow broader participation among
Oregonians in the legislative process;
(c) Make information regarding legislative
matters and proceedings more readily available to the citizens of this state;
(d) Allow constituents to better
communicate with their elected representatives, irrespective of where they
reside;
(e) Make administrative rules adopted or
amended by state agencies more readily available to the citizens of this state;
and
(f) Provide the public with a better
insight into the operations of state government.
(2) This section and ORS 173.763, 173.766
(1) and (2) and 183.365 may be cited as the Oregon Public Access Act. [1995
c.614 §§1,2; 2007 c.775 §2]
171.800 [1973 c.700 §1; 1975 c.225 §7; repealed by
2007 c.354 §1]
171.805 [1973 c.700 §2; 1975 c.225 §8; 1975 c.530 §3a;
1977 c.891 §3; 1983 c.150 §1; repealed by 2007 c.354 §1]
171.810 [1973 c.700 §3; 1975 c.225 §9; repealed by
1983 c.150 §3]
171.815 [1973 c.700 §4; 1975 c.225 §10; repealed by
1983 c.150 §3]
171.820 [1973 c.700 §5; 1975 c.225 §11; repealed by
1983 c.150 §3]
171.825 [1973 c.700 §6; 1975 c.225 §12; 1995 c.79 §56;
repealed by 2007 c.354 §1]
171.830 [1973 c.700 §7; 1975 c.225 §13; repealed by
2007 c.354 §1]
171.833 [1975 c.225 §6; repealed by 2007 c.354 §1]
171.835 [1973 c.700 §8; repealed by 2007 c.354 §1]
171.840 [1973 c.700 §9; repealed by 2007 c.354 §1]
171.845 [Formerly 461.720; 1993 c.18 §29; repealed
by 2007 c.354 §1]
171.850 [1981 c.755 §7; repealed by 2007 c.354 §1]
COMMITTEE ON
INFORMATION MANAGEMENT AND TECHNOLOGY
171.852
Joint Legislative Committee on Information Management and Technology. (1) There is hereby created a Joint
Legislative Committee on Information Management and Technology. The President
of the Senate and the Speaker of the House of Representatives shall appoint the
members of the committee.
(2) The committee has a continuing
existence and may meet, act and conduct its business during sessions of the
Legislative Assembly or any recess thereof, and in the interim between
sessions.
(3) The term of a member shall expire upon
the convening of the Legislative Assembly in regular session next following the
commencement of the members term. When a vacancy occurs in the membership of
the committee in the interim between sessions, until such vacancy is filled,
the membership of the committee shall be deemed not to include the vacant
position for the purpose of determining whether a quorum is present and a
quorum is a majority of the remaining members.
(4) Members of the committee shall receive
an amount equal to that authorized under ORS 171.072 from funds appropriated to
the Legislative Assembly for each day spent in the performance of their duties
as members of the committee or any subcommittee thereof in lieu of
reimbursement for in-state travel expenses. However, when engaged in
out-of-state travel, members shall be entitled to receive their actual and necessary
expenses therefor in lieu of the amount authorized by this subsection. Payment
shall be made from funds appropriated to the Legislative Fiscal Office.
(5) 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.
(7) The Legislative Fiscal Office shall
furnish to the committee such services of personnel and such other facilities
as are necessary to enable the committee to carry out its functions as provided
by law. [Formerly 182.115; 1993 c.724 §15a; 2007 c.790 §2]
171.855
Duties of committee. The
Joint Legislative Committee on Information Management and Technology shall:
(1) Establish statewide goals and policy
regarding information systems and technology, including telecommunications.
(2) Conduct studies of information
management and technology efficiency and security.
(3) Review the activities of the Oregon
Department of Administrative Services, Information Resources Management
Council.
(4) Make recommendations regarding
established or proposed information resource management programs and
information technology acquisitions. [1975 c.731 §2; formerly 182.121; 1993
c.724 §15b]
COMMITTEE ON
PUBLIC EDUCATION APPROPRIATION
171.857
Appointment; quorum; report.
(1) The President of the Senate and the Speaker of the House of Representatives
shall jointly appoint a special legislative committee to issue a report
pursuant to section 8, Article VIII of the Oregon Constitution.
(2) The 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.
(3) 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.
(4) The Legislative Assembly in the report
shall:
(a) Demonstrate that the amount within the
budget appropriated for the states system of kindergarten through grade 12
public education is the amount of moneys as determined by the Quality Education
Commission established by ORS 327.500 that is sufficient to meet the quality
goals; or
(b) Identify the reasons that the amount
appropriated for the states system of kindergarten through grade 12 public
education is not sufficient, the extent of the insufficiency and the impact of
the insufficiency on the ability of the states system of kindergarten through
grade 12 public education to meet the quality goals. In identifying the impact
of the insufficiency, the Legislative Assembly shall include in the report how
the amount appropriated in the budget may affect both the current practices and
student performance identified by the commission under ORS 327.506 (4)(a) and
the best practices and student performance identified by the commission under
ORS 327.506 (4)(b).
(5)(a) Notwithstanding subsection (4) of
this section, the Legislative Assembly may make a determination that the report
of the Quality Education Commission should not be used as the basis for
carrying out the reporting requirements of section 8, Article VIII of the
Oregon Constitution, and subsection (4) of this section. If the report is not
used, the Legislative Assembly shall identify the reasons for not using the
report to meet the reporting requirements and shall outline an alternative
methodology for making the findings required by section 8, Article VIII of the
Oregon Constitution.
(b) The alternative methodology shall be
based on:
(A) Research, data and public values; and
(B) The performance of successful schools,
professional judgment or a combination of the performance of successful schools
and professional judgment.
(c) The Legislative Assembly shall include
in the report that uses the alternative methodology a determination of how the
amount appropriated may affect the ability of the states system of
kindergarten through grade 12 public education to meet quality goals
established by law, including expected student performance against those goals.
(6) The Legislative Assembly shall
identify in the report whether the states system of post-secondary public
education has quality goals established by law. If there are quality goals, the
Legislative Assembly shall include in the report a determination that the
amount appropriated in the budget is sufficient to meet those goals or an
identification of the reasons the amount appropriated is not sufficient, the
extent of the insufficiency and the impact of the insufficiency on the ability
of the states system of post-secondary public education to meet those quality
goals.
(7) The report shall be issued within 180
days after the regular session of the Legislative Assembly adjourns sine die.
(8) The Legislative Assembly shall provide
public notice of the reports issuance, including posting the report on the
Internet and providing a print version of the report upon request. [2001 c.895 §7;
2003 c.14 §69; 2007 c.790 §3]
WESTERN
STATES LEGISLATIVE FORESTRY TASK FORCE
171.860
Western States Legislative Forestry Task Force; membership; duties; expenses. (1) The President of the Senate and the
Speaker of the House of Representatives, joining with the presiding officers of
the legislatures of Washington, Idaho, Montana, California and Alaska, shall
appoint, respectively, two Senators and two Representatives to represent Oregon
on the Western States Legislative Forestry Task Force, which shall operate as a
clearinghouse for opinion from all the various interests involved in the
western states forest industries, and which shall include among its duties the
duty to report to the legislatures of the participating states and to the state
delegations in the United States Congress concerning means of protecting and
fostering the forest industries of the participating states.
(2) The legislators appointed to represent
PACIFIC
FISHERIES LEGISLATIVE TASK FORCE
171.865
Pacific Fisheries Legislative Task Force; membership; duties; expenses. (1) The President of the Senate and the
Speaker of the House of Representatives, joining with the presiding officers of
other jurisdictions, shall appoint, respectively, two Senators and two
Representatives to represent
(2) Participation in the activities of the
task force by individuals appointed to represent the State of
(a) Members must use existing staff
personnel for administrative support work.
(b) Members shall receive no compensation
or per diem for service as a member unless the service is performed during a
legislative session but may receive actual and necessary travel and other
expenses incurred in the performance of their official duties under ORS 171.072
from funds appropriated therefor. [1987 c.678 §2; 1987 c.879 §27]
171.867
(2) The appointments shall become
operative when the presiding officers from
(3) Participation in the activities of the
task force by legislators appointed to represent the State of
(a) Legislative members must use existing
staff personnel for administrative support work.
(b) Legislative members shall receive no
compensation or per diem for service as a member unless the service is
performed during a legislative session but may receive actual and necessary travel
and other expenses incurred in the performance of their official duties under
ORS 171.072 from funds appropriated therefor. [1991 c.926 §1]
STUDIES OF
MANDATED HEALTH COVERAGE
171.870
Legislative findings. (1)
The Legislative Assembly takes notice of the increasing number of legislative
proposals for mandating certain health coverages, whether such proposals
mandate payments for certain providers of health care or mandate the offering
of health coverages by insurance carriers and health care service contractors
as a component of individual or group policies. Improved access to these health
care services to segments of the population who desire them may provide social
and health consequences that are beneficial and in the public interest.
(2) The Legislative Assembly also takes
notice of the fact that the cost ramifications of expanding health coverages is
resulting in a growing public concern. The way that the coverages are
structured and the steps taken to create incentives to provide cost-effective
services or to take advantage of features of services that offset costs can
significantly affect the cost of mandating particular coverages.
(3) The Legislative Assembly hereby finds
and declares the following:
(a) The merits of a particular coverage mandate
must be balanced against a variety of consequences that may go far beyond the
immediate effect upon the cost of insurance coverage.
(b) A systematic review of legislation
proposing mandated or mandatorily offered health coverage that explores all ramifications
of the proposed legislation will assist the Legislative Assembly determining
whether mandating a particular coverage or offering is in the public interest. [1985
c.747 §55]
171.875
Report required to accompany measures proposing mandated coverage. Every proposed legislative measure that
mandates a health insurance coverage, whether by requiring payment for certain
providers or by requiring an offering of a health insurance coverage by an
insurer or health care service contractor as a component of individual or group
health insurance policies, shall be accompanied by a report that assesses both
the social and financial effects of the coverage in the manner provided in ORS
171.880, including the efficacy of the treatment or service proposed. The
report may be prepared either by the chief sponsor or by any other proponent of
the proposed measure. The report shall be submitted with the proposed measure
when the proposed measure is submitted for filing, and shall be in writing and
be a public record. [1985 c.747 §56]
171.880
Content of report. The
report required under ORS 171.875, to the extent that information is available,
shall include but need not be limited to the following:
(1) Answers to the following questions
concerning the social effect of the proposed measure:
(a) To what extent is the treatment or
service used by the general population of
(b) To what extent is the insurance
coverage already generally available in
(c) What proportion of the population of
(d) To what extent does the lack of
coverage result in financial hardship in
(e) What evidence exists to document the
medical need in
(2) Answers to the following questions
concerning the financial effect of the proposed measure:
(a) To what extent is the coverage
expected to increase or decrease the cost of treatment or services?
(b) To what extent is the coverage
expected to increase the use of the treatment or services?
(c) To what extent is the mandated
treatment or services expected to be a substitute for more expensive treatment
or services?
(d) To what extent is the coverage
expected to increase or decrease the administrative expenses of insurance
companies and the premium and administrative expenses of policyholders?
(e) What will be the effect of this
coverage on the total cost of health care? [1985 c.747 §57]
PENALTIES
171.990
Penalty for witness failing to appear or to give testimony in legislative
proceeding. Every person
who, having been summoned as a witness under ORS 171.510 to give testimony or
to produce books, papers, records or documents upon any matter under inquiry
before either house or any of the committees referred to in ORS 171.505,
willfully makes default, or who, having appeared, refuses to answer any
question pertinent to the matter under inquiry, is guilty of a misdemeanor. [1953
c.544 §3; 1961 c.167 §13]
171.992
Civil penalty for violation of lobby regulation; rules; report. (1) Any person who violates any provision of
ORS 171.740 to 171.762, or any rule adopted under ORS 171.725 to 171.785, shall
forfeit and pay to the General Fund for each violation a civil penalty of not
more than $5,000, to be determined by the Oregon Government Ethics Commission.
(2)(a) The commission may impose civil
penalties upon a person who fails to file the statement required under ORS
171.745 or 171.750. In enforcing this subsection, the commission is not
required to follow the procedures in ORS 171.778 before finding that a
violation of ORS 171.745 or 171.750 has occurred.
(b) Failure to file the required statement
in timely fashion is prima facie evidence of a violation of ORS 171.745 or
171.750.
(c) The commission may impose a civil
penalty of $10 for each of the first 14 days the statement is late beyond the
date set by law and $50 for each day thereafter. The maximum penalty that may
be imposed under this subsection is $5,000.
(3) A civil penalty imposed under this
section may be recovered in an action brought in the name of the State of
Oregon in any court of appropriate jurisdiction or may be imposed as provided
in ORS 183.745. In any proceedings before the court, including judicial review
under ORS 183.745, the court may review the penalty as to both liability and
reasonableness of amount.
(4)(a) Except as provided in paragraph (b)
of this subsection, the commission shall report, in the manner described in ORS
192.245, to the Legislative Assembly violations of any provision of ORS 171.740
to 171.762, or any rule adopted under ORS 171.725 to 171.785, for which a
penalty is imposed under this section. The report shall include the name of the
person against whom the penalty was imposed and describe the nature of the
violation.
(b) The commission shall adopt rules
specifying conditions under which repeated violations of ORS 171.745 or 171.750
involving a failure to file required statements in a timely fashion are
reported to the Legislative Assembly.
(5) In lieu of or in conjunction with
finding a violation of law or rule or imposing a civil penalty under this
section, the commission may issue a written letter of reprimand, explanation or
education. [1973 c.802 §13; 1987 c.566 §6a; 1991 c.734 §9; 2007 c.877 §10]
Note: See note under 171.745.
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
