74th OREGON LEGISLATIVE ASSEMBLY--2007 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 2978
A-Engrossed
Senate Bill 5
Ordered by the Senate April 3
Including Senate Amendments dated April 3
Sponsored by Senator COURTNEY
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.
Modifies membership of certain legislative committees. Removes
statutory designation of number of committee members.
Provides that quorum of certain legislative committees is
majority of House members and majority of Senate members.
Requires affirmative vote of majority of House members and of
majority of Senate members for action by committees.
Applies to Joint Committee on Ways and Means, Joint Legislative
Committee on Information Management and Technology, special joint
legislative committee appointed to issue report pursuant to
section 8, Article VIII of Oregon Constitution, Legislative
Counsel Committee and Legislative Administration Committee.
A BILL FOR AN ACT
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 Oregon:
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.
(6) 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.
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