75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2750
 
                         Senate Bill 778
 
Sponsored by COMMITTEE ON RULES
 
 
                             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 as
introduced.
 
  Establishes fixed levels of salary for statewide elected
officials. Establishes salary of members of Legislative Assembly
at greater of salary established at specified salary range in
executive branch management service compensation plan or
percentage of salary of Circuit Court judge. Limits duties of
Public Officials Compensation Commission to making
recommendations to Legislative Assembly on salaries of elected
officials.
  Declares emergency, effective on July 1, 2009.
 
                        A BILL FOR AN ACT
Relating to compensation of public officials; creating new
  provisions; amending ORS 171.072, 292.912 and 292.930; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) The annual salary of the Chief Judge of the
Court of Appeals shall be $125,688 for the year beginning July 1,
2009, and for each year thereafter.
  (2) The annual salary of each other judge of the Court of
Appeals shall be $122,820 for the year beginning July 1, 2009,
and for each year thereafter. + }
  SECTION 2.  { + (1) The annual salary of the Chief Justice of
the Supreme Court shall be $128,556 for the year beginning July
1, 2009, and for each year thereafter.
  (2) The annual salary of each other judge of the Supreme Court
shall be $125,688 for the year beginning July 1, 2009, and for
each year thereafter. + }
  SECTION 3.  { + The annual salary of each judge of a circuit
court shall be $114,468 for the year beginning July 1, 2009, and
for each year thereafter. + }
  SECTION 4.  { + The annual salary of the judge of the Oregon
Tax Court shall be $118,164 for the year beginning July 1, 2009,
and for each year thereafter. + }
  SECTION 5.  { + The incumbents of each of the following offices
shall be paid an annual salary on a monthly basis, as follows:
  (1) Governor, $93,600 for the year beginning July 1, 2009, and
for each year thereafter. The Governor shall also be paid $1,000
per month regularly for expenses necessarily incurred but not
otherwise provided for.
  (2) Secretary of State, $72,000 for the year beginning July 1,
2009, and for each year thereafter. The Secretary of State shall
also be paid $250 per month regularly for expenses necessarily
incurred but not otherwise provided for.
  (3) State Treasurer, $72,000 for the year beginning July 1,
2009, and for each year thereafter. The State Treasurer shall
also be paid $250 per month regularly for expenses necessarily
incurred but not otherwise provided for.
  (4) Attorney General, $77,200 for the year beginning July 1,
2009, and for each year thereafter. The Attorney General shall
also be paid $250 per month regularly for expenses necessarily
incurred but not otherwise provided for.
  (5) Superintendent of Public Instruction, $72,000 for the year
beginning July 1, 2009, and for each year thereafter. The
superintendent shall also be paid $250 per month regularly for
expenses necessarily incurred but not otherwise provided for.
  (6) Commissioner of the Bureau of Labor and Industries, $72,000
for the year beginning July 1, 2009, and for each year
thereafter. The commissioner shall also be paid $250 per month
regularly for expenses necessarily incurred but not otherwise
provided for. + }
  SECTION 6. ORS 171.072, as amended by section 5b, chapter 912,
Oregon Laws 2007, 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 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 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 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 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 7. 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 to
be paid to each elective officer subject to ORS 292.907 to
292.930 and   { - to each member - }  { +  all compensation of
members + } of the Legislative Assembly for the succeeding
biennium.
  (2) 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 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. - }
   { +  (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. + }
    { - (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 8. 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 + }:
  (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.
  (8) Court of Appeals Judge.
  (9) Chief Justice of the Supreme Court.
  (10) Supreme Court Judge.
  (11) Circuit Court Judge.
  (12) Tax Court Judge.
  SECTION 9.  { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on July 1,
2009. + }
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