Chapter 901
AN ACT
SB 700
Relating to public office; creating new provisions; amending ORS
171.072, 292.430, 292.907, 292.912, 292.917 and 292.930; repealing ORS 292.313,
292.405, 292.410, 292.415, 292.425 and 292.920; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 292.907 is amended to read:
292.907. (1) There is
established a Public Officials Compensation Commission consisting of [seven] 11 members [of whom two are appointed by the Governor,
two by the Speaker of the House of Representatives, two by the President of the
Senate and one by the Chief Justice of the Supreme Court of the State of
Oregon.] appointed or selected as follows:
(a) Two members who have
a background in compensation management, appointed by the Governor, subject to
confirmation by the Senate under ORS 171.562 and 171.565;
(b) One member appointed
by the Chief Justice of the Supreme Court;
(c) One member appointed
by the President of the Senate;
(d) One member appointed
by the Speaker of the House of Representatives; and
(e) Six members selected
by lot by the Secretary of State in the manner described in section 3 of this
2007 Act.
(2) The term of office
of each member is four years. A member is eligible for reappointment or
reselection. If there is a vacancy for any cause, the [appointing] authority having made the appointment or selection
of the member representing the vacancy[,]
shall make an appointment or selection to become immediately effective
for the unexpired term.
[(3) No person who holds an office or position the salary of which is
subject to ORS 292.907 to 292.930 shall be eligible to serve on the commission.]
(3)(a) None of the
following is eligible to serve on the commission:
(A) An individual who
holds an office or position the salary of which is subject to ORS 292.907 to
292.930;
(B) A member of the
individual’s household; or
(C) A relative of the
individual.
(b) As used in this
subsection:
(A) “Member of the
individual’s household” means any person who resides with an individual who
holds an office or position the salary of which is subject to ORS 292.907 to
292.930.
(B) “Relative” means the
spouse or domestic partner of an individual who holds an office or position the
salary of which is subject to ORS 292.907 to 292.930, any children of the
individual or of the individual’s spouse or domestic partner, and brothers,
sisters, half brothers, half sisters, brothers-in-law, sisters-in-law,
sons-in-law, daughters-in-law, mothers-in-law, fathers-in-law, aunts, uncles,
nieces, nephews, stepparents, stepchildren or parents of the individual or of
the individual’s spouse or domestic partner.
(4) To be eligible to
serve on the commission, an individual must have voted in the two general
elections next preceding the individual’s appointment, reappointment, selection
or reselection.
SECTION 2. Section
3 of this 2007 Act is added to and made a part of ORS 292.907 to 292.930.
SECTION 3. (1)
The Secretary of State shall select by lot from elector registration records
six persons for membership on the Public Officials Compensation Commission. The
Secretary of State shall select one elector from each congressional district
and one elector from the state at large.
(2) The Secretary of
State shall adopt rules concerning the method by which electors are selected by
lot. The rules shall include but are not limited to:
(a) Procedures for
notifying the electors selected;
(b) Procedures for
making a new selection by lot if an elector who is selected declines to serve
on the commission; and
(c) Procedures for
filling a vacancy on the commission if a selected member does not complete the
member’s term.
SECTION 4. (1)
Notwithstanding the term of office specified in ORS 292.907, the term of office
of each member of the Public Officials Compensation Commission immediately
prior to the effective date of this 2007 Act expires on the effective date of
this 2007 Act.
(2) A member whose term
of office expires as provided in subsection (1) of this section is eligible for
reappointment or selection to the commission.
(3) New members shall be
appointed or selected to serve on the commission on or after the effective date
of this 2007 Act.
(4) Notwithstanding the
term of office specified in ORS 292.907, of the members first appointed or
selected to serve on the commission on or after the effective date of this 2007
Act:
(a) Two of the appointed
members shall serve for terms ending January 1, 2009;
(b) Three of the
appointed members shall serve for terms ending January 1, 2010;
(c) Three of the members
selected as provided in section 3 of this 2007 Act shall serve for terms ending
January 1, 2011; and
(d) Three of the members
selected as provided in section 3 of this 2007 Act shall serve for terms ending
January 1, 2012.
SECTION 5.
ORS 292.912 is amended to read:
292.912. (1) The Public
Officials Compensation Commission shall review and make recommendations [to the Legislative Assembly regarding]
as to the amount of the annual salary [of] to be paid to each elective officer subject to
ORS 292.907 to 292.930 and [all
compensation of members] to each member of the Legislative Assembly
for the succeeding biennium.
(2) [Such recommendations shall be] The
commission shall establish the salary recommendations based upon the
following criteria:
(a) Comparable positions
in neighboring states.
(b) The qualifications
and skills necessary for each office.
(c) The level of
responsibility implicit in each office.
(d) The cost of living.
(e) The total
compensation of the positions, including benefits other than salary.
(f) Budget limitations.
(g) Any other factors
the commission may consider to be reasonable, appropriate and in the public
interest.
[(3) The commission shall cause to have prepared legislative measures
that would implement the commission’s recommendations on salaries of officers
subject to ORS 292.907 to 292.930 and all compensation of members of the
Legislative Assembly for the succeeding biennium.]
(3) The commission
shall meet on or before September 1 of each even-numbered year to review and
establish the salary recommendations. The commission may meet at other times as
the commission determines necessary to carry out its duties. On or before
November 10 of each even-numbered year, the commission shall complete a report
that lists the salaries recommended by the commission and send the report to
the Governor, the President of the Senate, the Speaker of the House of
Representatives and the Chief Justice of the Supreme Court.
(4) The Governor shall
include the recommended salaries in the budget report prepared as required by
ORS 291.216, and the Legislative Assembly shall consider the salary
recommendations in preparing a budget for the state.
SECTION 6.
ORS 292.917 is amended to read:
292.917. (1) The Public
Officials Compensation Commission shall select one of its members as
chairperson and another as vice chairperson, for such terms and with such
duties and powers necessary for the performance of the functions of [such] the offices as the
commission determines.
(2) A majority of the
members of the commission constitutes a quorum for the transaction of business.
[(3) The commission shall meet as frequently as the proper and efficient
discharge of its duties may require.]
(3) If a quorum is
present when a vote is taken, the affirmative vote of a majority of the members
present is required for the commission to establish salary recommendations
under ORS 292.912.
(4) A member of the
commission [shall be] is
eligible for compensation and expenses under ORS 292.495.
(5) The [Personnel Division] Oregon Department
of Administrative Services shall assist the [Public Officials Compensation] commission in carrying out its
functions.
SECTION 7.
ORS 292.930 is amended to read:
292.930. Each of the
following elective officers shall be paid an annual salary on a monthly basis:
[as determined by the Legislative
Assembly each biennium beginning July 1, 1985:]
(1) Governor.
(2) Secretary of State.
(3) State Treasurer.
(4) Attorney General.
(5) Superintendent of
Public Instruction.
(6) Commissioner of the
Bureau of Labor and Industries.
(7) Chief Judge of
the Court of Appeals.
[(7)] (8) Court of Appeals Judge.
(9) Chief Justice of
the Supreme Court.
[(8)] (10) Supreme Court [Justice]
Judge.
[(9)] (11) Circuit Court Judge.
[(10)] (12) Tax Court Judge.
SECTION 8.
ORS 171.072 is amended to read:
171.072. (1) A member of
the Legislative Assembly shall receive for services an annual salary
established as provided in ORS 292.907 to 292.930. [of 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)(a) 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] salary allowed each of them
as a member under subsection (1) of this section.
(b) The Majority
Leader and Minority Leader of the Senate and the Majority Leader and Minority
Leader of the House of Representatives each shall receive for services, as
additional salary, an amount determined as provided in ORS 292.907 to 292.930.
(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 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 the 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] the
President and the Speaker 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] who 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] are 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 9.
ORS 292.430 is amended to read:
292.430. (1) In addition
to the annual salaries [set forth in ORS
171.072 and 292.313] established as provided in ORS 292.907 to 292.930,
the Oregon Department of Administrative Services may “pick-up,” assume and pay
to the Public Employees Retirement Fund any employee contributions, otherwise
required by ORS 238.200, for the Governor, Secretary of State, State Treasurer,
Attorney General, Superintendent of Public Instruction, Commissioner of the
Bureau of Labor and Industries and members of the Legislative Assembly.
(2) The department may
provide health, dental, life and long-term disability insurance without cost to
the officers referred to in subsection (1) of this section and to judges of the
Supreme Court, Court of Appeals, Oregon Tax Court and circuit courts in such
amounts as are provided from time to time to employees in the unclassified
service of the state.
SECTION 10. The
amendments to ORS 171.072 by section 8 of this 2007 Act and the repeal of
statutes by section 11 of this 2007 Act become operative on July 1, 2009.
SECTION 11. ORS
292.313, 292.405, 292.410, 292.415, 292.425 and 292.920 are repealed.
SECTION 12. This
2007 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2007 Act takes
effect on its passage.
Approved by the Governor August 6, 2007
Filed in the office of Secretary of State August 7, 2007
Effective date August 6, 2007
__________