ORS Chapter 173 - Oregon Statutes

Chapter 173 — LegislativeService Agencies

 

2009 EDITION

 

 

LEGISLATIVESERVICE AGENCIES

 

STATELEGISLATIVE DEPARTMENT AND LAWS

 

GENERALPROVISIONS

 

173.005     Personnelpolicies for employees of statutory committees

 

173.007     Personnelpolicies applicable to regular employees of Legislative Assembly

 

FISCALAND REVENUE IMPACT STATEMENTS

 

173.025     Preparationof fiscal impact and revenue impact statements for legislation affecting localgovernments

 

173.029     Preparationof statements for legislation creating new crime or increasing period ofincarceration

 

173.035     Submissionof statements to Legislative Assembly; committee referral and review

 

173.045     Revisionof statements

 

173.051     Preparationof fiscal impact statements for legislation increasing employer contributionsunder Public Employees Retirement System

 

173.055     Contractsto provide fiscal data

 

LEGISLATIVECOUNSEL COMMITTEE

 

173.111     LegislativeCounsel Committee and office of Legislative Counsel established

 

173.120     LegislativeCounsel to be in attendance upon legislative sessions

 

173.130     Performanceof legislative services; charges

 

173.135     Participationin legal proceedings to protect legislative interests

 

173.140     Preparationof initiative measures

 

173.160     Powersand duties of Legislative Counsel in preparing editions for publication

 

173.191     Membership;term; vacancies; advisory committees

 

173.200     Selectionof Legislative Counsel

 

173.210     Employmentof staff

 

173.215     Effectof expiration of terms of committee members

 

173.220     Locationof Legislative Counsel’s office

 

173.230     Confidentialnature of matters handled by committee’s staff

 

173.240     Committee’sstaff prohibited from influencing legislation

 

OREGONLAW COMMISSION

 

173.315     OregonLaw Commission established; duties; membership; chairperson

 

173.325     Compensationand expenses of members

 

173.328     Commissionmeetings

 

173.335     LegislativeCounsel assistance

 

173.338     Lawrevision program

 

173.342     Commissionbiennial report to Legislative Assembly

 

173.345     Cooperationwith bar associations or other associations

 

173.347     Appearanceof commission members or staff before Legislative Assembly

 

173.352     Workgroups

 

173.355     Solicitationand receipt of gifts and grants

 

173.357     Dispositionof moneys collected or received by commission

 

LEGISLATIVEFISCAL OFFICER

 

173.410     Appointingauthority for Legislative Fiscal Officer; selection of officer

 

173.420     Dutiesof Legislative Fiscal Officer

 

173.450     Employmentof staff; compensation and expenses of staff members

 

173.455     Maintainingconfidentiality of draft measures

 

OREGONSTATE CAPITOL FOUNDATION

 

173.500     Establishment;members; powers and duties

 

NATURALRESOURCES POLICY ADMINISTRATOR

 

173.610     Appointingauthority for Natural Resources Policy Administrator; selection ofadministrator

 

173.620     Dutiesof Natural Resources Policy Administrator

 

173.630     Employmentof staff; compensation and expenses of staff members

 

173.640     Confidentialnature of matters handled by administrator and staff; administrator and staffprohibited from influencing legislation

 

LEGISLATIVEADMINISTRATION COMMITTEE

 

173.710     LegislativeAdministration Committee and office of Legislative Administrator established

 

173.720     Dutiesof Legislative Administrator

 

173.730     Committeemembership; status; term; chairperson

 

173.740     Employmentof staff; compensation and expenses of staff; staff prohibited from influencinglegislation

 

173.750     Effectof expiration of terms of committee members

 

173.760     Advisorycommittees; compensation and expenses

 

173.763     Electronicdistribution of information; no fee for distribution; reservation of copyrightand other proprietary interest

 

173.766     Electronicmail address; website

 

173.770     Rulesregarding fees for services and obtaining copyrights and patents

 

173.780     Saleor lease of data processing programs, materials and information

 

173.785     Capitolgift shop; bidding; use of profits

 

173.790     StoresRevolving Account; Property and Supplies Stores Account

 

LEGISLATIVEREVENUE OFFICER

 

173.800     Appointingauthority for Legislative Revenue Officer; selection of officer

 

173.810     Employmentof staff; compensation and expenses

 

173.820     Dutiesand powers

 

173.830     Authorityto accept and expend funds; disposition of moneys received

 

173.840     Designationas applicant for certain federal programs

 

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

 

173.855     Maintainingconfidentiality of draft measures

 

GENERALPROVISIONS

 

      173.005Personnel policies for employees of statutory committees. (1) Theappointing authority for regular employees of the Legislative AdministrationCommittee, Legislative Counsel Committee or any other statutory committee orstatutory office of the Legislative Assembly holding regular positions in thesame sense as those held by regular employees of those statutory committees oroffices, may adopt and follow policies in regard to working hours, leaves ofabsence, vacations and sick and disability leave for those employees consistentwith the State Personnel Relations Law and applicable rules adopted pursuantthereto.

      (2)The Legislative Administration Committee may adopt and follow policies inregard to vacation and sick leave for regular employees of the LegislativeAssembly to whom subsection (1) of this section does not apply that areconsistent with the provisions of the State Personnel Relations Law andapplicable rules adopted pursuant thereto.

      (3)Vacation and sick leave accrued by a regular employee of a statutory committeeor office under subsection (1) of this section and by a regular employee of theLegislative Assembly under subsection (2) of this section shall be credited tothe employee by the state agency in the executive or administrative branch thatemploys the regular employee immediately after that employee’s employment by astatutory committee or office or by the Legislative Assembly. [1971 c.638 §15;1979 c.468 §38; 1979 c.509 §1a]

 

      173.007Personnel policies applicable to regular employees of Legislative Assembly. (1) If theLegislative Administration Committee adopts policies under ORS 173.005 (2), itmay give credit for vacation and sick leave of regular employees of theLegislative Assembly that accrued prior to October 3, 1979, if:

      (a)The policies adopted and the method of crediting the vacation and sick leaveare consistent with the provisions of the State Personnel Relations Law andapplicable rules adopted pursuant thereto; and

      (b)The regular employee has not been compensated previously in any way for anyvacation or sick leave.

      (2)If the Legislative Administration Committee acts pursuant to subsection (1) ofthis section, vacation and sick leave accrued by a regular employee of theLegislative Assembly shall be credited as provided in ORS 173.005 (3) if aformer regular employee is in the employ of a state agency in the executive oradministrative branch. [1979 c.509 §§2,3]

 

      173.010 [Amended by1953 c.625 §4; repealed by 1953 c.492 §16]

 

      173.015 [1953 c.625 §4;repealed by 1953 c.492 §16]

 

      173.020 [Repealed by1953 c.492 §16]

 

FISCALAND REVENUE IMPACT STATEMENTS

 

      173.025Preparation of fiscal impact and revenue impact statements for legislation affectinglocal governments.(1) The Legislative Fiscal Officer, with the aid of the Oregon Department ofAdministrative Services, Legislative Revenue Officer, state agencies andaffected local governmental units, including school districts, shall prepare afiscal impact statement on each measure reported out of a committee of theLegislative Assembly that could have an effect on expenditures of localgovernmental units, including school districts.

      (2)The Legislative Revenue Officer, with aid of the Legislative Fiscal Officer,the Department of Revenue, state agencies and affected local governmentalunits, including school districts, shall prepare a revenue impact statement oneach measure reported out of a committee of the Legislative Assembly that couldhave any effect on revenues of local governmental units, including schooldistricts. [1977 c.414 §1; 1989 c.970 §2; 2007 c.828 §1]

 

      173.029Preparation of statements for legislation creating new crime or increasingperiod of incarceration. (1) For any measure reported out of a committee ofthe Legislative Assembly the effect of which is to create a new crime orincrease the period of incarceration allowed or required for an existing crime,the Legislative Fiscal Officer, with the aid of the Oregon Department ofAdministrative Services, Legislative Revenue Officer, state agencies andaffected local governmental units, shall prepare a fiscal impact statementdescribing the fiscal impact that the measure would, if enacted, have on thestate as well as on local governmental units.

      (2)In particular and to the extent practicable, the Legislative Fiscal Officershall determine and describe in the statement the following:

      (a)The fiscal impact on state and local law enforcement agencies, including anestimate of the increase in anticipated number of arrests annually;

      (b)The fiscal impact on state and local courts, including an estimate of theincrease in the anticipated number of trials annually;

      (c)The fiscal impact on district attorney offices, including an estimate of theincrease in the anticipated number of prosecutions annually;

      (d)The fiscal impact on public defense resources, including an estimate of theincrease in the anticipated number of cases annually; and

      (e)The fiscal impact on state and local corrections resources, including resourcessupporting parole and probation supervision, and also including an estimate ofthe increase in the anticipated number of bed-days to be used annually at boththe state and local level as a result of the passage of the measure. [1987c.854 §2; 2001 c.962 §103; 2007 c.828 §2]

 

      173.030 [Amended by1953 c.625 §4; repealed by 1953 c.492 §16]

 

      173.035Submission of statements to Legislative Assembly; committee referral andreview.The Legislative Fiscal Officer and Legislative Revenue Officer shall submit thestatement prepared under ORS 173.025 or 173.029 to the Legislative Assembly ata time set by the rules of the house where the measure was introduced. TheSpeaker of the House of Representatives and the President of the Senate shallrefer the statement to the committee to which the measure was referred. Thecommittee shall review the statement prepared under ORS 173.025 or 173.029prior to reporting the measure out. [1977 c.414 §2; 1987 c.854 §3]

 

      173.040 [Repealed by1953 c.492 §16]

 

      173.045Revision of statements. The Legislative Fiscal Officer and LegislativeRevenue Officer shall review and revise the statement as measures are amended. [1977c.414 §3]

 

      173.050 [Amended by1953 c.625 §4; repealed by 1953 c.492 §16]

 

      173.051Preparation of fiscal impact statements for legislation increasing employercontributions under Public Employees Retirement System. The LegislativeFiscal Officer, with the aid of the Public Employees Retirement Board andpublic employers providing benefits under ORS chapter 238A, shall prepare afiscal impact statement on each measure reported out of a committee of theLegislative Assembly that would increase employer contributions under ORSchapter 238A. If the Legislative Fiscal Officer determines that a proposedmeasure would result in an increase in the total liability for benefits underORS chapter 238A that is in excess of one-tenth of one percent, the LegislativeFiscal Officer shall promptly notify the Public Employees Retirement Board. Theboard shall thereafter promptly give notice of the proposed measure, and thefiscal impact of the proposed measure as determined by the Legislative FiscalOfficer, to all public employers providing benefits under ORS chapter 238A. [2003c.733 §45b; 2007 c.828 §3]

 

      173.055Contracts to provide fiscal data. The Legislative Fiscal Officer andLegislative Revenue Officer are aut