ORS Chapter 173

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