or 173.029 to the Legislative Assembly at a time set by the rules of

173.025 or 173.029 to the Legislative Assembly at a time set by the rules of the house where the measure was introduced. [1977 c.414 �2; 1987 c.854 �3; 2016 c.117 �3]

����� 173.040 [Repealed by 1953 c.492 �16]

����� 173.045 Revision of statements. The Legislative Fiscal Officer and Legislative Revenue Officer shall review and revise the statement as measures are amended. [1977 c.414 �3]

����� 173.050 [Amended by 1953 c.625 �4; repealed by 1953 c.492 �16]

����� 173.051 Preparation of fiscal impact statements for legislation increasing employer contributions under Public Employees Retirement System. The Legislative Fiscal Officer, with the aid of the Public Employees Retirement Board and public employers providing benefits under ORS chapter 238A, shall prepare a fiscal impact statement on each measure reported out of a committee of the Legislative Assembly that would increase employer contributions under ORS chapter 238A. If the Legislative Fiscal Officer determines that a proposed measure would result in an increase in the total liability for benefits under ORS chapter 238A that is in excess of one-tenth of one percent, the Legislative Fiscal Officer shall promptly notify the Public Employees Retirement Board. The board shall thereafter promptly give notice of the proposed measure, and the fiscal impact of the proposed measure as determined by the Legislative Fiscal Officer, to all public employers providing benefits under ORS chapter 238A. [2003 c.733 �45b; 2007 c.828 �3]

����� 173.055 Contracts to provide fiscal data. The Legislative Fiscal Officer and Legislative Revenue Officer are authorized to contract with other agencies or persons to provide fiscal data necessary to carry out the provisions of ORS 173.025 to 173.055. [1977 c.414 �4]

����� 173.110 [1953 c.492 �1; repealed by 1969 c.256 �1 (173.111 enacted in lieu of 173.110)]

LEGISLATIVE COUNSEL COMMITTEE

����� 173.111 Legislative Counsel Committee and office of Legislative Counsel established. The Legislative Counsel 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. [1969 c.256 �2 (enacted in lieu of 173.110); 1971 c.638 �4; 1999 c.117 �1]

����� 173.120 Legislative Counsel to be in attendance upon legislative sessions. The Legislative Counsel shall be in attendance upon all sessions of the Legislative Assembly. [1953 c.492 �2]

����� 173.130 Performance of legislative services; charges. (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 Judicial Department, the Governor, the Secretary of State, the State Treasurer, the Attorney General or the Commissioner of the Bureau of Labor and Industries. 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 is requested by the House of Representatives, the Senate or any committee of the Legislative Assembly that has the measure 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 research service requested by any member or committee of the Legislative Assembly in connection with the performance of legislative functions. Research assignments made by joint or concurrent resolution of the Legislative Assembly shall be given priority over other research requests received 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. Except as provided in subsection (2) of this section and ORS 173.135, the Legislative Counsel shall not give opinions or provide other legal services to persons or agencies other than the Legislative Assembly and members and committees of the Legislative Assembly.

����� (6) The Legislative Counsel may enter into contracts to carry out the functions of the Legislative Counsel. [1953 c.492 �3; 1959 c.295 �2; 1973 c.226 �1; 1979 c.237 �1; 1999 c.117 �2; 1999 c.207 �1; 2001 c.45 �2; 2001 c.104 �57; 2011 c.731 �7]

����� 173.135 Participation in legal proceedings to protect legislative interests. When deemed necessary or advisable to protect the official interests of the Legislative Assembly, one or more legislative committees, or one or more members of the Legislative Assembly, the Legislative Counsel Committee may direct the Legislative Counsel and the staff of the Legislative Counsel, or may retain any licensee of the Oregon State Bar, to appear in, commence, prosecute or defend any action, suit, matter, cause or proceeding in any court or agency of this state or of the United States. Expenses and costs incurred pursuant to this section may be paid by the committee from any funds available to the committee. [1961 c.167 �32; 2005 c.22 �119; 2025 c.32 �93]

����� 173.140 Preparation of initiative measures. The Legislative Counsel shall cooperate with the proponents of an initiative measure in its preparation when:

����� (1) Requested in writing so to do by 50 or more electors proposing the measure; and

����� (2) In the judgment of the committee there is reasonable probability that the measure will be submitted to the electors of the state under the laws relating to the submission of initiative measures. [1953 c.492 �4]

����� 173.150 [1953 c.492 �5; 1961 c.279 �1; repealed by 1981 c.517 �10 (171.275 enacted in lieu of 173.150)]

����� 173.152 [Formerly 171.272; 1963 c.420 �1; 1965 c.372 �1; 1981 c.517 �21; renumbered 171.315]

����� 173.155 [1959 c.295 �1; repealed by 1963 c.292 �1 (173.310 to 173.340 enacted in lieu of 173.155)]

����� 173.160 Powers and duties of Legislative Counsel in preparing editions for publication. 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:

����� (1) Renumber sections and parts of sections of the Acts;

����� (2) Rearrange sections;

����� (3) Change reference numbers to agree with renumbered chapters, sections or other parts;

����� (4) Delete references to repealed sections;

����� (5) Substitute the proper subsection, section or chapter or other division numbers;

����� (6) Change capitalization and spelling for the purpose of uniformity; and

����� (7) Correct manifest clerical, grammatical or typographical errors. [1953 c.492 �6; 1999 c.117 �3; 2005 c.22 �120]

����� 173.170 [1953 c.492 �7; 1961 c.167 �28; 1981 c.517 �22; renumbered 171.285]

����� 173.180 [1953 c.492 �8; 1981 c.517 �23; renumbered 171.295]

����� 173.190 [1953 c.492 �9; 1961 c.167 �29; repealed by 1969 c.256 �3 (173.191 enacted in lieu of 173.190)]

����� 173.191 Membership; term; vacancies; advisory committees. (1)(a) The Legislative Counsel Committee shall consist of the Speaker of the House of Representatives, the President of the Senate, members of the House appointed by the Speaker and 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.

����� (b) The appointing authorities shall appoint members of a new committee within 30 days after the earlier of:

����� (A) The date of the convening of an odd-numbered year regular session of the Legislative Assembly; or

����� (B) The date of the convening of an organizational session of the odd-numbered year regular session of the Legislative Assembly.

����� (2)(a) The term of a member of the committee shall expire upon the earlier of:

����� (A) The date of the convening of the odd-numbered year regular session of the Legislative Assembly next following the member�s appointment; or

����� (B) The date of the convening of an organizational session of the odd-numbered year regular session of the Legislative Assembly next following the member�s appointment.

����� (b) 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. [1969 c.256 �4 (enacted in lieu of 173.190); 1971 c.638 �5; 1975 c.136 �6; 1975 c.530 �4; 1977 c.344 �5; 1999 c.117 �4; 2001 c.45 �3; 2007 c.790 �4; 2011 c.545 �9; 2017 c.17 �10]

����� 173.196 [1975 c.136 �8; repealed by 1977 c.344 �7]

����� 173.200 Selection of Legislative Counsel. (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 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. [1953 c.492 �10; 1999 c.117 �5]

����� 173.210 Employment of staff. Subject to the approval of the committee, the Legislative Counsel may employ and fix the compensation of such professional assistants and clerical and other employees as the Legislative Counsel deems necessary for the effective conduct of the work under the charge of the Legislative Counsel. [1953 c.492 �11; 1973 c.735 �8]

����� 173.215 Effect of expiration of terms of committee members; Legislative Counsel vacancy. (1) The expiration of the terms of members of the Legislative Counsel Committee, as provided by ORS 173.191, does not affect the employment of any individual filling a position previously approved by the committee.

����� (2) Upon the expiration of the terms of members and until the newly appointed Legislative Counsel Committee provides otherwise, the Legislative Counsel may employ and fix the compensation of individuals the Legislative Counsel considers necessary for the effective conduct of the work supervised or managed by the Legislative Counsel.

����� (3) Notwithstanding ORS 173.111 and 173.200, if a vacancy occurs in the position of Legislative Counsel after the expiration of the terms of members and before the appointment of members of a new Legislative Counsel Committee, the President of the Senate and the Speaker of the House of Representatives may jointly select a Legislative Counsel who has the qualifications set forth in ORS 173.200. The Legislative Counsel selected by the President and the Speaker serves at their pleasure at a salary 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 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. [1965 c.113 �1; 1967 c.5 �1; 1975 c.136 �10; 1999 c.117 �6; 2011 c.545 �10; 2017 c.17 �11]

����� 173.220 Location of Legislative Counsel�s office. The permanent office of the Legislative Counsel shall be in the State Capitol, where the Legislative Counsel shall be provided with suitable and sufficient offices convenient to the chambers of the House and Senate. [1953 c.492 �12]

����� 173.230 Confidential nature of matters handled by committee�s staff. (1) The Legislative Counsel or any employee of the Legislative Counsel Committee may not reveal to any person not an employee 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 Legislative Counsel or employee designates the matter as confidential. Matters not designated as confidential may be revealed only as prescribed by the rules of the committee.

����� (2) Notwithstanding subsection (1) of this section, the Legislative Counsel may provide a copy of a draft measure to the Legislative Fiscal Officer and the Legislative Revenue Officer.

����� (3) The provision by the Legislative Counsel of a copy of a draft measure under subsection (2) of this section is not a waiver of privilege under ORS 40.225. [1953 c.492 �14; 1961 c.167 �30; 1999 c.117 �7; 2001 c.45 �4]

����� 173.240 Committee�s staff prohibited from influencing legislation. Neither the Legislative Counsel nor any employee of the committee shall oppose, urge or attempt to influence legislation. [1953 c.492 �14]

����� 173.250 [1953 c.492 �15; 1957 c.60 �1; subsection (4) enacted as 1961 c.159 �2; 1969 c.256 �5; 1981 c.517 �24; renumbered 171.305]

����� 173.310 [1963 c.292 �2 (173.310 to 173.340 enacted in lieu of 173.155); 1969 c.314 �10; 1971 c.638 �7; 1977 c.186 �1; repealed by 1979 c.472 �2]

OREGON LAW COMMISSION

����� 173.315 Oregon Law Commission established; duties; membership; chairperson. (1) The Oregon Law Commission is established to conduct a continuous substantive law revision program as described in ORS 173.338.

����� (2) The Oregon Law Commission has 15 members, as follows:

����� (a) A person appointed by the President of the Senate who is a member of the Senate at the time of appointment;

����� (b) A person appointed by the President of the Senate who is a current or former member of the Senate at the time of appointment;

����� (c) A person appointed by the Speaker of the House of Representatives who is a member of the House of Representatives at the time of appointment;

����� (d) A person appointed by the Speaker of the House of the Representatives who is a current or former member of the House of Representatives at the time of appointment;

����� (e) The deans of Oregon�s accredited law schools, or their designees;

����� (f) Three persons appointed by the Board of Governors of the Oregon State Bar;

����� (g) The Attorney General, or the Attorney General�s designee;

����� (h) The Chief Justice of the Supreme Court, or the Chief Justice�s designee;

����� (i) The Chief Judge of the Court of Appeals, or the Chief Judge�s designee;

����� (j) A person appointed by the Chief Justice of the Supreme Court who is a circuit court judge, or a retired circuit court judge who has been designated as a senior judge under ORS 1.300, at the time of appointment; and

����� (k) One person appointed by the Governor.

����� (3) The Attorney General, the Chief Justice of the Supreme Court, the Chief Judge of the Court of Appeals and the deans of Oregon�s accredited law schools are ex officio members of the commission and have the same powers as appointed members.

����� (4)(a) Except as provided in paragraph (b) of this subsection, appointed members of the commission serve four-year terms. Terms commence on July 1 of even-numbered years. Before the expiration of the four-year term, the appointing authority shall appoint a successor. A person who has served as a member is eligible for reappointment.

����� (b) A person appointed under subsection (2)(a) of this section serves a term of four years, or until the person ceases to be a member of the Senate, whichever occurs first. A person appointed under subsection (2)(c) of this section serves a term of four years, or until the person ceases to be a member of the House of Representatives, whichever occurs first.

����� (5) If there is a vacancy in the position of an appointed member:

����� (a) The appointing authority shall appoint a person as soon as possible to serve during the remainder of the unexpired term; and

����� (b) The appointing authority may specify that the person appointed to serve the remainder of the unexpired term is also appointed to the next following full term.

����� (6) If a member of the commission is authorized under subsection (2) of this section to name a designee, a person named as a designee has all of the powers and duties of the member until the designation expires or is revoked. The following persons may be designated:

����� (a) A dean of one of Oregon�s accredited law schools may designate a member of the faculty of the law school.

����� (b) The Chief Justice may designate a Supreme Court judge.

����� (c) The Chief Judge of the Court of Appeals may designate another judge of the Court of Appeals.

����� (d) The Attorney General may designate an assistant attorney general or the Deputy Attorney General.

����� (7) The term of an appointed member of the commission shall cease if the member misses three consecutive meetings without prior approval of the chairperson, and the appointing authority for the position shall appoint a person to fill the vacancy in the manner provided by subsection (5) of this section.

����� (8) The Oregon Law Commission shall elect its chairperson and vice chairperson from among the members with such powers and duties as the commission shall determine.

����� (9) A majority of the members of the commission constitutes a quorum for the transaction of business. If a quorum is present at a meeting, the commission may take action by an affirmative vote by a majority of the members of the commission who are present.

����� (10) Members of the commission who are members of the Legislative Assembly are entitled to compensation and expense reimbursement as provided in ORS 171.072. [1981 c.813 �1; 1997 c.661 �1; 2009 c.114 �1; 2011 c.272 �14]

����� 173.320 [1963 c.292 �3 (173.310 to 173.340 enacted in lieu of 173.155); repealed by 1979 c.472 �2]

����� 173.325 Compensation and expenses of members. (1) A member of the Legislative Assembly who serves as a member of the Oregon Law Commission, or on any work group established under ORS 173.352, may receive actual and necessary travel and other expenses under ORS 171.072 from funds appropriated to the Legislative Assembly.

����� (2) A member of the Oregon Law Commission who is not a member of the Legislative Assembly shall receive no compensation for services as a member but, subject to any other applicable law regulating travel and other expenses for state officers, may receive actual and necessary travel and other expenses incurred in the performance of official duties, providing funds are appropriated therefor in the budget of the Legislative Counsel Committee. [1981 c.813 �2; 1987 c.879 �3; 1997 c.661 �2; 2009 c.114 �3]

����� 173.328 Commission meetings. The Oregon Law Commission shall meet regularly pursuant to a schedule established by the commission. The commission also shall meet at other times and places specified by the call of the chairperson or of a majority of the members of the commission. [1997 c.661 �5; 2009 c.114 �4]

����� 173.330 [1963 c.292 �4 (173.310 to 173.340 enacted in lieu of 173.155); repealed by 1979 c.472 �2]

����� 173.335 Legislative Counsel assistance. The Legislative Counsel shall assist the Oregon Law Commission to carry out its functions as provided by law and shall provide necessary drafting services to the commission as legislative priorities permit. [1981 c.813 ��3,4; 1997 c.661 �6; 2009 c.114 �5]

����� 173.338 Law revision program. (1) The law revision program conducted by the Oregon Law Commission may include, but is not limited to:

����� (a) Review of the common law and statutes of the state, and current judicial decisions, for the purpose of discovering defects and anachronisms in the law.

����� (b) Consideration of changes in the law recommended by the American Law Institute, the National Conference of Commissioners on Uniform State Laws, any bar association or other learned bodies.

����� (c) Consideration of suggestions from judges, justices, public officials, lawyers and the public generally as to defects and anachronisms in the law.

����� (d) Recommendation for changes in the law that the commission considers necessary to modify or eliminate antiquated and inequitable rules of law and to bring the law of Oregon into harmony with modern conditions.

����� (e) Recommendation for the express repeal of statutes repealed by implication or held unconstitutional by state and federal courts.

����� (2) The commission shall study any topic that the Legislative Assembly, by law or concurrent resolution, refers to the commission. [1997 c.661 �3; 2009 c.114 �6]

����� 173.340 [1963 c.292 �5 (173.310 to 173.340 enacted in lieu of 173.155); repealed by 1979 c.472 �2]

����� 173.342 Commission biennial report to Legislative Assembly. The Oregon Law Commission shall file a report at each odd-numbered year regular session of the Legislative Assembly that contains recommendations for statutory and administrative changes and a calendar of topics selected by the commission for study, including a list of the studies in progress and a list of topics intended for future consideration. [1997 c.661 �4; 2009 c.114 �7; 2011 c.545 �29]

����� 173.345 Cooperation with bar associations or other associations. The Oregon Law Commission may cooperate with any bar association or other learned, professional or scientific association, institution or foundation in a manner suitable to fulfill the functions of the commission. [1997 c.661 �7]

����� 173.347 Appearance of commission members or staff before Legislative Assembly. The Oregon Law Commission by its members or its staff may appear before committees of the Legislative Assembly in an advisory capacity, pursuant to the rules thereof, to present testimony and evidence in support of the commission�s recommendations. [1997 c.661 �8]

����� 173.350 [1965 c.397 �1; repealed by 1979 c.472 �2]

����� 173.352 Work groups. (1) To aid and advise the Oregon Law Commission in the performance of its functions, the commission may establish work groups. Work groups established by the commission may be continuing or temporary. The commission shall determine the representation, membership, terms and organization of work groups and shall appoint work group members.

����� (2) Members of work groups established by the commission are not entitled to compensation, but in the discretion of the commission may be reimbursed from funds available to the commission for actual and necessary travel and other expenses incurred in the performance of their official duties. [1997 c.661 �10; 2009 c.114 �8]

����� 173.355 Solicitation and receipt of gifts and grants. The Oregon Law Commission may solicit and receive funds from grants and gifts to assist and support its functions. [1997 c.661 �9]

����� 173.357 Disposition of moneys collected or received by commission. All moneys collected or received by the Oregon Law Commission shall be paid into the General Fund of the State Treasury. Such moneys are continuously appropriated for and shall be used by the commission in carrying out the purposes for which the funds are received. [1997 c.661 �11]

LEGISLATIVE FISCAL OFFICER

����� 173.410 Appointing authority for Legislative Fiscal Officer; selection of officer. (1) As used in this section, ORS