71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 143
A-Engrossed
House Bill 2043
Ordered by the House January 25
Including House Amendments dated January 25
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Legislative Counsel
Committee)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Authorizes Legislative Counsel to provide copy of draft measure
to Legislative Fiscal Officer and Legislative Revenue Officer.
Requires Legislative Fiscal Officer and Legislative Revenue
Officer to maintain confidentiality of confidential draft
measure. Authorizes Judicial Department to file proposed
legislative measure with Legislative Counsel. Repeals redundant
requirement for Legislative Counsel to review administrative
rules. { - Repeals requirement for Legislative Counsel to
cooperate in preparation of initiative measure when requested by
50 or more electors proposing measure. - }
A BILL FOR AN ACT
Relating to the Legislative Counsel; creating new provisions;
amending ORS 171.130, 173.130, 173.191, 173.230 and 173.763;
and repealing ORS 171.572.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 171.130 is amended to read:
171.130. (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 { - shall - }
{ + may + } adopt rules
{ - necessary - } { + 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.
SECTION 2. ORS 173.130 is amended to read:
173.130. (1) The Legislative Counsel shall prepare or assist in
the preparation of legislative measures when requested to do so
by a member or committee of the Legislative Assembly.
(2) Upon the written request of a state agency, the Legislative
Counsel may prepare or assist in the preparation of legislative
measures that have been approved for preparation in writing by
the Governor or the Governor's designated representative. The
Legislative Counsel may also prepare or assist in the preparation
of legislative measures that are requested in writing by the
{ + Judicial Department, the Governor, the + } Secretary of
State, the State Treasurer, the Attorney General, the
Commissioner of the Bureau of Labor and Industries or the
Superintendent of Public Instruction. In accordance with ORS
283.110, the Legislative Counsel may charge the agency or officer
for the services performed.
(3) The Legislative Counsel shall give such consideration to
and service concerning any measure or other legislative matter
before the Legislative Assembly that is requested by the House of
Representatives, the Senate or any committee of the Legislative
Assembly that has the measure or other matter under
consideration.
(4) The Legislative Counsel, pursuant to the policies and
directions of the Legislative Counsel Committee and in conformity
with any applicable rules of the House of Representatives or
Senate, shall perform or cause to be performed research service
requested by any member or committee of the Legislative Assembly
in connection with the performance of legislative functions.
Research assignments made by joint or concurrent resolution of
the Legislative Assembly shall be given priority over other
research requests received by the Legislative Counsel. The
research service to be performed includes the administrative
services incident to the accomplishment of the research requests
or assignments.
(5) The Legislative Counsel shall give an opinion in writing
upon any question of law in which the Legislative Assembly or any
member or committee of the Legislative Assembly may have an
interest when the Legislative Assembly or any member or committee
of the Legislative Assembly requests the opinion. { + Except as
provided in subsection (2) of this section and ORS 173.135, + }
the Legislative Counsel shall not give opinions or
{ + provide + } other legal
{ - advice - } { + services + } to persons or agencies other
than the Legislative Assembly and members and committees of the
Legislative Assembly.
(6) The Legislative Counsel may enter into contracts to carry
out the functions of the Legislative Counsel.
SECTION 3. ORS 173.191 is amended to read:
173.191. (1) The Legislative Counsel Committee shall consist of
the Speaker of the House of Representatives, the President of the
Senate, five members of the House appointed by the Speaker, and
four members of the Senate appointed by the President. The
Speaker of the House of Representatives and the President of the
Senate may each designate from among the members of the
appropriate house an alternate to exercise powers as a member of
the committee. The appointing authorities shall appoint members
of a new committee within 30 days after the convening of the
Legislative Assembly in regular session.
(2) The term of a member of the committee shall expire upon the
convening of the Legislative Assembly in regular session next
following the member's appointment. Vacancies occurring in the
membership of the committee shall be filled by the appointing
authority.
(3) The committee has a continuing existence and may meet, act
and conduct its business during the sessions of the Legislative
Assembly or any recess thereof, and in the interim period between
sessions but the committee has no authority to affect the rules
of either house.
{ - (4) The committee shall select its own chairperson who
may, in addition to other acts authorized, approve disbursements
for indebtedness or expenses. - }
{ - (5) - } { + (4) + } The committee may appoint advisory
committees or subcommittees. Except as otherwise provided in this
subsection, individuals other than members of the Legislative
Assembly may serve on such advisory committees or subcommittees.
A member of such committee or subcommittee who is not a member of
the Legislative Assembly shall be compensated and reimbursed in
the manner provided in ORS 292.495. An advisory committee or
subcommittee appointed to assist the committee in review of state
agency rules may consist only of two or more members of the
Legislative Assembly.
SECTION 4. ORS 173.230 is amended to read:
173.230. { + (1) + } The Legislative Counsel or any employee
of the Legislative Counsel Committee { - shall - }
{ + may + } not reveal to any person not an employee of the
committee the contents or nature of any matter before the
Legislative Counsel in the official capacity of the Legislative
Counsel, if the person bringing the matter before the Legislative
Counsel or employee designates the matter as confidential.
Matters not designated as confidential may be revealed only as
prescribed by the rules of the committee.
{ + (2) Notwithstanding subsection (1) of this section, the
Legislative Counsel may provide a copy of a draft measure to the
Legislative Fiscal Officer and the Legislative Revenue Officer.
(3) The provision by the Legislative Counsel of a copy of a
draft measure under subsection (2) of this section is not a
waiver of privilege under ORS 40.225. + }
SECTION 5. { + The Legislative Fiscal Officer or any employee
of the Legislative Fiscal Officer may not reveal to any person
not an employee of the Legislative Fiscal Officer the contents or
nature of any confidential draft measure provided to the
Legislative Fiscal Officer by the Legislative Counsel. + }
SECTION 6. { + The Legislative Revenue Officer or any employee
of the Legislative Revenue Officer may not reveal to any person
not an employee of the Legislative Revenue Officer the contents
or nature of any confidential draft measure provided to the
Legislative Revenue Officer by the Legislative Counsel. + }
SECTION 7. ORS 173.763 is amended to read:
173.763. (1)(a) The Legislative Administration Committee in
conjunction with the Legislative Counsel Committee shall, with
the advice of the President of the Senate, through the Secretary
of the Senate, and the Speaker of the House of Representatives,
through the Chief Clerk of the House of Representatives, make all
of the following information available to the public and members
of the Legislative Assembly in electronic form:
(A) The legislative calendar, the schedule of legislative
committee hearings, a list of matters pending on the floors of
both houses of the Legislative Assembly and a list of the
committees of the Legislative Assembly and their members.
(B) The text of each bill introduced in each current
legislative session, including each amended and enrolled form of
the bill.
(C) The bill history of each bill introduced and amended in
each current legislative session.
(D) The bill status of each bill introduced and amended in each
current legislative session.
(E) All vote information concerning each bill in each current
legislative session.
(F) Any veto message concerning a bill in each current
legislative session.
(G) The Oregon Constitution.
(H) All Oregon Laws enacted on and after September 9, 1995.
(I) The Constitution of the United States.
(b) The Legislative Administration Committee, in its
discretion, may make available in electronic form to the public
and members of the Legislative Assembly Staff Measure Summaries
for each bill in a current legislative session.
(2)(a) The information identified in subsection (1) of this
section shall be made available to the public through the largest
nonproprietary, nonprofit cooperative public computer network.
The information shall be made available in one or more formats
and by one or more means in order to provide the general public
in this state with the greatest feasible access. Any person who
accesses the information may access all or any part of the
information. The information may also be made available by any
other means that would facilitate public access to the
information.
(b) Except as provided in paragraph (c) of this subsection, the
Legislative Administration Committee shall determine the most
cost-effective formats and procedures for the timely release of
the information in electronic form.
(c) Pursuant to ORS 171.275, the Legislative Counsel Committee,
in its discretion, may authorize the release of the text of
Oregon Revised Statutes in electronic form.
(3) Any documentation that describes the electronic digital
formats of the information identified in subsection (1) of this
section and is available to the public shall be made available
through the computer network specified in subsection (2) of this
section.
(4) Personal information concerning a person who accesses the
information identified in subsection (1) of this section may be
maintained only for the purpose of providing service to the
person.
(5) No fee or other charge may be imposed by the Legislative
Administration Committee as a condition of accessing the
information identified in subsection (1) of this section through
the computer network specified in subsection (2) of this section.
(6) No action taken pursuant to this section shall be deemed to
alter or relinquish any copyright or other proprietary interest
or entitlement of the State of Oregon relative to any of the
information made available pursuant to subsection (1) { + or
(2)(c) + } of this section.
SECTION 8. { + ORS 171.572 is repealed. + }
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