Chapter 117 Oregon Laws 1999

Session Law

AN ACT

SB 453

Relating to the Legislative Counsel Committee; amending ORS 171.245, 173.111, 173.130, 173.160, 173.191, 173.200, 173.215, 173.230 and 293.335.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 173.111 is amended to read:

173.111. The Legislative Counsel Committee[, referred to in ORS 173.111 to 173.240 and 171.275 to 171.315 as the committee,] is established as a joint committee of the Legislative Assembly. The Legislative Counsel Committee shall select a Legislative Counsel to serve as its executive officer.

SECTION 2. ORS 173.130 is amended to read:

173.130. (1) The Legislative Counsel shall prepare or assist in the preparation of legislative measures when requested to do so by a member or committee of the Legislative Assembly.

(2) Upon the written request of a state agency, the Legislative Counsel may prepare or assist in the preparation of legislative measures that have been approved for preparation in writing by the Governor or the Governor's designated representative. The Legislative Counsel may also prepare or assist in the preparation of legislative measures that are requested in writing by the Secretary of State, the State Treasurer, the Attorney General, the Commissioner of the Bureau of Labor and Industries or the Superintendent of Public Instruction. In accordance with ORS 283.110, the Legislative Counsel may charge the agency or officer for the services performed.

(3) The Legislative Counsel shall give such consideration to and service concerning any measure or other legislative matter before the Legislative Assembly [as circumstances permit, and which is in any way] that is requested by the House of Representatives [or], the Senate[,] or any committee of the Legislative Assembly [having] that has the measure [before it for] or other matter under consideration.

(4) The Legislative Counsel, pursuant to the policies and directions of the Legislative Counsel Committee and in conformity with any applicable rules of the House of Representatives or Senate, shall perform or cause to be performed[, as circumstances will permit,] research service requested by any member or committee of the Legislative Assembly in connection with the performance of [its] legislative functions. Research assignments made [to the Legislative Counsel Committee] by joint or concurrent resolution of the Legislative Assembly shall be given priority over other research requests received [or initiated by the committee] by the Legislative Counsel. The research service to be performed includes the administrative services incident to the accomplishment of the research requests or assignments.

(5) The Legislative Counsel shall give an opinion in writing upon any question of law in which the Legislative Assembly or any member or committee of the Legislative Assembly may have an interest when the Legislative Assembly or any member or committee of the Legislative Assembly requests the opinion. The Legislative Counsel shall not give opinions or other legal advice to persons or agencies other than the Legislative Assembly and members and committees of the Legislative Assembly.

SECTION 3. ORS 173.160 is amended to read:

173.160. In preparing editions of the statutes for publication and distribution, the Legislative Counsel shall not alter the sense, meaning, effect or substance of any Act, but, within such limitations, may renumber sections and parts of sections of the Acts, [change the wording of head-notes,] rearrange sections, change reference numbers to agree with renumbered chapters, sections or other parts, delete references to repealed sections, substitute the proper subsection, section or chapter or other division numbers, [strike out figures or words which are merely repetitious,] change capitalization and spelling for the purpose of uniformity, and correct manifest clerical, grammatical or typographical errors.

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 [an alternate from time to time] from among the members of the appropriate house [over which that person presides] 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 committee shall select its own chairperson who may, in addition to other acts authorized, approve disbursements for indebtedness or expenses.

(5) The 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 committee in review of state agency rules may consist only of two or more members of the Legislative Assembly.

SECTION 5. ORS 173.200 is amended to read:

173.200. (1) The Legislative Counsel Committee shall select the Legislative Counsel, who shall serve at the pleasure of the committee. The Legislative Counsel shall be a person authorized to practice law in the highest court of one of the states of the United States.

(2) The Legislative Counsel Committee shall fix the annual salary of the Legislative Counsel. Subject to [and in the manner] the limitations otherwise provided by law for expenses of state officers, the Legislative Counsel shall be reimbursed for actual and necessary expenses incurred or paid by the Legislative Counsel in the performance of duties of the Legislative Counsel.

SECTION 6. ORS 173.215 is amended to read:

173.215. (1) The expiration of the terms of members of the Legislative Counsel Committee [upon the convening of the Legislative Assembly in regular session next following the commencement of their terms], as provided by ORS 173.191, does not affect the employment of any individual filling a position previously approved by the committee.

(2) After the convening of the Legislative Assembly in regular session and until [such time as] the newly appointed Legislative Counsel Committee provides otherwise[:],

[(a)] the Legislative Counsel may employ and fix the compensation of individuals the Legislative Counsel [deems] considers necessary for the effective conduct of the work [under the charge of] supervised or managed by the Legislative Counsel.

[(b)] (3) Notwithstanding ORS 173.111 and 173.200, if a vacancy occurs in the position of Legislative Counsel after the convening of the Legislative Assembly in regular session and before the appointment of a Legislative Counsel Committee, the President of the Senate and the Speaker of the House of Representatives [, in case of a vacancy in the position of Legislative Counsel,] may jointly select a Legislative Counsel [having] who has the qualifications set forth in ORS 173.200. [to serve] The Legislative Counsel selected by the President and the Speaker serves at their pleasure at a salary [they jointly fix, not exceeding that] jointly fixed by the President and the Speaker that does not exceed the salary last fixed by the committee. The President and Speaker may act in lieu of the Legislative Counsel Committee under ORS 293.335 in designating the Legislative Counsel they select to approve [voucher claims and in filing the statement of designation, and the provisions of ORS 293.335 shall apply as if the Legislative Counsel they select and so designate had been so designated by the committee] disbursements and in filing the statement of designation. After appointment of a Legislative Counsel Committee, the Legislative Counsel selected under this subsection serves at the pleasure of the committee and the committee may exercise power and authority over the Legislative Counsel as if the Legislative Counsel had been selected by the committee.

[(c) Nothing in paragraph (b) of this subsection limits the authority of the committee during its term of office over the matters described in paragraph (b) of this subsection.]

SECTION 7. ORS 173.230 is amended to read:

173.230. [Neither] The Legislative Counsel [nor] or any employee of the Legislative Counsel Committee shall not reveal to any person not an employee [or a member] of the committee the contents or nature of any matter before the Legislative Counsel in the official capacity of the Legislative Counsel, if the person bringing the matter before the [committee] Legislative Counsel or employee designates the matter as confidential. Matters not designated as confidential may [only] be revealed only as prescribed by the rules of the committee.

SECTION 8. ORS 293.335 is amended to read:

293.335. [(1)] A statutory, standing, special or interim committee of the Legislative Assembly or either house thereof may designate one or more individuals[, who are under bond to the State of Oregon in an amount determined by the Legislative Fiscal Officer,] to approve disbursements for which the indebtedness or expense has been theretofore authorized by the committee. The committee shall file with the Oregon Department of Administrative Services a statement designating the individual, together with a sample of the individual's signature.

[(2) The cost of the bond required by subsection (1) of this section shall be paid:]

[(a) In the case of the Legislative Counsel Committee, Emergency Board or the Joint Committee on Ways and Means and interim committees, from funds appropriated for the expenses of the committee concerned.]

[(b) In the case of other committees, from funds appropriated for the expenses of that session of the Legislative Assembly during which the bond is valid.]

SECTION 9. ORS 171.245 is amended to read:

171.245. (1) There is established in the General Fund an account to be known as the Legislative Publications Account. All moneys collected or received under ORS 171.236 shall be paid into the account. All moneys in the account are appropriated continuously for and shall be used for the purposes described in ORS 171.236.

(2) Disbursements of moneys from the Legislative Publications Account shall be approved by either of the presiding officers of the Legislative Assembly; but the presiding officers may jointly designate an individual[, who is under bond to the State of Oregon as provided in ORS 293.335,] to approve disbursements from the account. A statement designating the individual, together with a sample of the individual's signature, shall be filed as provided in ORS 293.335.

Approved by the Governor April 23, 1999

Filed in the office of Secretary of State April 23, 1999

Effective date October 23, 1999

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