72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 3644
Sponsored by JOINT COMMITTEE ON WAYS AND MEANS
CHAPTER ................
AN ACT
Relating to salaries of members of Legislative Assembly; creating
new provisions; amending ORS 171.072; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 171.072 is amended to read:
171.072. (1) { - Except as otherwise provided in subsection
(2) of this section, - } A member of the Legislative Assembly
shall receive for services { - a - } { + an annual + } salary
{ - the greater of: - }
{ - (a) One step below the maximum of Salary Range 1 in the
Management Service Compensation Plan; or - } { + + } { + of
$15,396. + }
{ - (b) Seventeen percent of the salary of a Circuit Court
Judge. - }
(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 { - thereof - } { + 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
{ - thereof - } { + + } { + 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.
Enrolled House Bill 3644 (HB 3644-INTRO) Page 1
(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
{ - thereof - } { + 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.
{ - However, on and after July 20, 1987, - } 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 member's 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.
SECTION 2. ORS 171.072, as amended by section 1 of this 2003
Act, is amended to read:
171.072. (1) A member of the Legislative Assembly shall receive
for services an annual salary of { - $15,396. - } { + + }
{ + the greater of:
(a) 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; or
(b) Seventeen percent of the salary of a Circuit Court
Judge. + }
(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
Enrolled House Bill 3644 (HB 3644-INTRO) Page 2
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 member's 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.
SECTION 3. { + The amendments to ORS 171.072 by section 2 of
this 2003 Act become operative July 1, 2005. + }
SECTION 4. { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
Enrolled House Bill 3644 (HB 3644-INTRO) Page 3
is declared to exist, and this 2003 Act takes effect July 1,
2003. + }
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Passed by House June 26, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 27, 2003
...........................................................
President of Senate
Enrolled House Bill 3644 (HB 3644-INTRO) Page 4
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 3644 (HB 3644-INTRO) Page 5