Chapter 912
AN ACT
SB 456
Relating to salaries of elected officials; creating new provisions;
amending ORS 171.072, 292.405, 292.410, 292.415 and 292.425 and section 10,
chapter 901, Oregon Laws 2007 (Enrolled Senate Bill 700); repealing section 8,
chapter 901, Oregon Laws 2007 (Enrolled Senate Bill 700); and declaring an
emergency.
Be It Enacted by the People of
the State of
SECTION 1. ORS 292.405 is amended to read:
292.405. (1) The annual salary of the Chief Judge of the Court of Appeals
shall be [$99,200] $119,928
for the year beginning July 1, [2001]
2007, and ending June 30, [2002]
2008, and [$105,200] $123,528
for the year beginning July 1, [2002]
2008, and ending June 30, [2003]
2009, and for each year thereafter.
(2) The annual salary of
each other judge of the Court of Appeals shall be [$97,000] $117,192 for the year beginning July 1, [2001] 2007, and ending June 30, [2002] 2008, and [$102,800] $120,708 for the year
beginning July 1, [2002] 2008,
and ending June 30, [2003] 2009,
and for each year thereafter.
SECTION 2. ORS 292.410 is amended to read:
292.410. (1) The annual salary of the Chief Justice of the Supreme Court
shall be [$101,500] $122,664
for the year beginning July 1, [2001]
2007, and ending June 30, [2002]
2008, and [$107,600] $126,348
for the year beginning July 1, [2002]
2008, and ending June 30, [2003]
2009, and for each year thereafter.
(2) The annual salary of
each other judge of the Supreme Court shall be [$99,200] $119,928 for the year beginning July 1, [2001] 2007, and ending June 30, [2002] 2008, and [$105,200] $123,528 for the year
beginning July 1, [2002] 2008,
and ending June 30, [2003] 2009,
and for each year thereafter.
SECTION 3. ORS 292.415 is amended to read:
292.415. The annual salary
of each judge of a circuit court shall be [$90,400]
$109,212 for the year beginning July 1, [2001] 2007, and ending June 30, [2002] 2008, and [$95,800]
$112,488 for the year beginning July 1, [2002] 2008, and ending June 30, [2003] 2009, and for each year thereafter.
SECTION 4. ORS 292.425 is amended to read:
292.425. The annual
salary of the judge of the Oregon Tax Court shall be [$93,300] $112,752 for the year beginning July 1, [2001] 2007, and ending June 30, [2002] 2008, and [$98,900] $116,136 for the year
beginning July 1, [2002] 2008,
and ending June 30, [2003] 2009,
and for each year thereafter.
SECTION 5. ORS 171.072 is amended to read:
171.072. (1) A member of the Legislative Assembly shall receive for
services an annual salary [of the greater
of:] that is equal to that provided for
[(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 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 5a. If Senate Bill 994 becomes law, sections 1
(amending ORS 292.405), 2 (amending ORS 292.410), 3 (amending ORS 292.415) and
4 (amending ORS 292.425) of this 2007 Act are repealed.
SECTION 5b. If Senate Bill 700 becomes law, section 8, chapter 901,
171.072. (1) A member of
the Legislative Assembly shall receive for services an annual salary [that is equal to that provided for 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] established as
provided in ORS 292.907 to 292.930.
(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 5c. If Senate Bill 700 becomes law, section 10,
chapter 901, Oregon Laws 2007 (Enrolled Senate Bill 700), is amended to read:
Sec.
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],
chapter 901,
SECTION 5d. The
amendments to ORS 171.072 by section 5b of this 2007 Act become operative on
July 1, 2009.
SECTION 6. 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 9, 2007
Filed in the office of Secretary of State August 9, 2007
Effective date August 9, 2007
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