Chapter 790
AN ACT
SB 5
Relating to the legislative committees; amending ORS 171.555, 171.580,
171.852, 171.857, 173.191 and 173.730.
Be It Enacted by the People of
the State of
SECTION 1. ORS 171.555 is amended to read:
171.555. (1) [The President of the Senate, upon election
as President, shall appoint a committee of ways and means consisting of eight
members. The Speaker of the House of Representatives, upon election as Speaker,
shall appoint a committee of ways and means consisting of eight members.] 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 [of] 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 [chairperson] chair.
[As soon as practicable after their
appointment, the committees shall meet jointly,] 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 [chairpersons] cochairs of
the [respective committees alternating]
joint committee shall alternate as presiding officers.
(2) The [chairpersons] 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.
SECTION 2. ORS 171.852 is amended to read:
171.852. (1) There is
hereby created a Joint Legislative Committee on Information Management and
Technology [consisting of four members
appointed by the Speaker of the House of Representatives, at least two of whom
shall have served on the Joint Ways and Means Committee, and three members of
the Senate appointed by the President of the Senate, at least one of whom shall
have served on the Joint Ways and Means Committee]. 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 member’s 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) Action of the committee shall be taken only upon the affirmative
vote of the majority of members of the committee.]
(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.
[(6)] (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.
SECTION 3. ORS 171.857 is amended to read:
171.857. (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.
[(2)] (4) The Legislative Assembly in the report shall:
(a) Demonstrate that the
amount within the budget appropriated for the state’s 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 state’s 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 state’s 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).
[(3)(a)] (5)(a) Notwithstanding
subsection [(2)] (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 [(2)]
(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
state’s system of kindergarten through grade 12 public education to meet
quality goals established by law, including expected student performance
against those goals.
[(4)] (6) The Legislative Assembly
shall identify in the report whether the state’s 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 state’s system of post-secondary public education to meet
those quality goals.
[(5)] (7) The report shall be issued
within 180 days after the regular session of the Legislative Assembly adjourns
sine die.
[(6)] (8) The Legislative Assembly shall provide public
notice of the report’s issuance, including posting the report on the Internet
and providing a print version of the report upon request.
SECTION 4. 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 Legislative
Counsel 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 Legislative Counsel Committee in review of state agency
rules may consist only of two or more members of the Legislative Assembly.
(5) The Legislative
Counsel 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.
SECTION 5. ORS 173.730 is amended to read:
173.730. (1) The
Legislative Administration Committee shall consist of the Speaker of the House
of Representatives, the President of the Senate, [four] members of the House appointed by the Speaker[,] and [three] members of the Senate appointed by the President. The
Speaker of the House of Representatives and the President of the Senate may
each designate an alternate from time to time from among the members of the
house over which that person presides to exercise the powers, except as
cochairperson, as a member of the committee. No more than three House members
of the committee shall be of the same political party. No more than three
Senate members of the committee shall be of the same political party.
(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 period
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 member’s 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) The presiding
officers shall act as cochairpersons and may alternate at succeeding meetings
as presiding chairperson of the committee and vice chairperson thereof. The
cochairpersons, jointly or singly, may, in addition to other acts authorized,
approve voucher claims.
[(5) Action of the committee shall be taken only upon the affirmative
vote of the majority of members from each house who serve
as members of the committee.]
(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.
SECTION 6. ORS 171.580 is amended to read:
171.580. (1) There is
created a Joint Legislative Audit Committee consisting of the [chair of the House Ways and Means Committee,
the chair of the Senate Ways and Means Committee] cochairs of the Joint
Committee on Ways and Means, [four]
members of the House of Representatives appointed by the Speaker and [four] 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 member’s 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) Action of the committee shall be taken only upon the affirmative
vote of the majority of members of the committee.]
(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.
[(6)] (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.
Approved by the Governor July 17, 2007
Filed in the office of Secretary of State July 19, 2007
Effective date January 1, 2008
__________