Title 171 · ORS Chapter 171

659A.820, or a civil action under ORS 659A.885, alleging violation of this subsection. [1957 c.549 �1; 1989 c.1066 �2; 1991 c.454 �1; 2001 c.621 �69; 2005 c.199 �2] �� 171.122 Rights and benefi

Citation: ORS 659A.820

Section: 659A.820

659A.820, or a civil action under ORS 659A.885, alleging violation of this subsection. [1957 c.549 �1; 1989 c.1066 �2; 1991 c.454 �1; 2001 c.621 �69; 2005 c.199 �2]

�� 171.122 Rights and benefits of legislators and prospective legislators in relation to their regular employment. (1) Any member or prospective member of the Legislative Assembly who leaves regular employment in order to attend upon any regular or special session of the Legislative Assembly or to perform official duties as a member or prospective member of the Legislative Assembly for which the member or prospective member may receive a per diem under ORS 171.072 or may receive reimbursements for out-of-state travel, shall be granted a leave of absence from such regular employment position for such period of time as is reasonably necessary to permit such attendance or performance of duties.

�� (2) A member or prospective member of the Legislative Assembly shall give notice to the employer when the leave of absence described in subsection (1) of this section is anticipated or is to be taken:

�� (a) At least 30 days before a regular session; and

�� (b) As soon as it is reasonably apparent that a special or emergency session is to be called.

�� (3) The regular employment position of a member or prospective member on leave of absence under this section shall only be deemed vacant for the period of such leave of absence, and the member or prospective member shall not be subject to removal or discharge from such position as a consequence of such leave of absence.

�� (4) Upon the termination of the leave of absence of the member or prospective member under this section, a member or prospective member shall be restored to the regular employment position the member or prospective member held immediately prior to the first day of the leave of absence if such position still exists, or, if such position does not still exist, to as similar a position as possible, without loss of seniority, the right to participate in insurance or any other employment benefits, other than wages for services not rendered during the leave of absence, as a consequence of the leave of absence of the member or prospective member. Such seniority, right to participate in insurance or other employment benefits shall continue to accumulate during the leave of absence as though the member or prospective member had continued in employment continuously in the regular employment position the member or prospective member held immediately prior to the first day of the leave of absence of the member or prospective member.

�� (5) This section is not applicable if:

�� (a) The member or prospective member was employed by the employer for a period of less than 90 days immediately prior to the first day of the leave of absence.

�� (b) The circumstances of the employer have so changed during the leave of absence of the member or prospective member as to make restoration of the member or prospective member to employment impossible or unreasonable.

�� (c) The member or prospective member fails to apply for restoration to employment within:

�� (A) Fifteen days after adjournment sine die of the Legislative Assembly following a regular session; or

�� (B) If the leave was for a lesser period for another legislative assignment, five days after the assignment is completed.

�� (d) The regular employment position of the member or prospective member immediately prior to the first day of the leave of absence or the character, terms, conditions or activities of such position are incompatible under the Constitution and laws of this state with the office of member of the Legislative Assembly.

�� (e) Employment is on a temporary basis.

�� (f) The employer employs fewer than 10 persons immediately prior to the first day of the leave of absence.

�� (6) As used in this section, �prospective member� means a person who is certified or appointed to serve in the Legislative Assembly but who has not taken the oath of office. [1957 c.549 �2; 1989 c.1066 �1; 1991 c.454 �2]

�� 171.125 Proceeding to require compliance with ORS 171.120 and 171.122. (1) If any employer fails to comply with the provisions of ORS 171.120 and 171.122, the circuit court for any county in which such employer maintains a place of business has jurisdiction, upon the filing of a petition by the Attorney General on behalf of the person entitled to such benefits by reason of noncompliance of the employer, specifically to require the employer to comply with the provisions of ORS 171.120 and 171.122.

�� (2) If any employer fails to comply with ORS 171.120 and 171.122, the member or prospective member may bring an action under ORS chapter 659A employing counsel of the member�s or prospective member�s own choosing. [1957 c.549 �3; 1989 c.1066 �3; 1991 c.454 �3; 2001 c.621 �70]

(Measure Filing)

�� 171.127 When proposed measure to bear name of person other than member requesting introduction; statement of chief sponsor. (1) Each proposed legislative measure shall at the time of submission for filing bear the name of any state or other public agency or representative thereof, any private organization or representative thereof, or any person other than a member of the Legislative Assembly at whose specific formal request the measure is being introduced. As used in this subsection, �formal request� means the presentation, submission or providing of a drafted measure to a member or committee of the Legislative Assembly.

�� (2) Each proposed legislative measure shall bear a statement signed by the chief sponsor thereof, stating that all agencies, organizations and persons that have formally requested the measure are named thereon. [1975 c.783 ��1,2; 1981 c.517 �14; 1999 c.1074 �6]

�� 171.130 Presession filing of proposed measures; printing and distribution. (1) At any time in advance of any regular or special session of the Legislative Assembly fixed by the Legislative Counsel Committee, or at any time in advance of a special session as may be fixed by joint rules of both houses of the Legislative Assembly, the following may file a proposed legislative measure with the Legislative Counsel:

�� (a) Members who will serve in the session and members-elect.

�� (b) Interim and statutory committees of the Legislative Assembly.

�� (2) On or before December 15 of an even-numbered year, or at any time in advance of a special session as may be fixed by joint rules of both houses of the Legislative Assembly, the following may file a proposed legislative measure with the Legislative Counsel:

�� (a) The Oregon Department of Administrative Services, to implement the fiscal recommendations of the Governor contained in the Governor�s budget.

�� (b) The person who will serve as Governor during the session.

�� (c) The Secretary of State, the State Treasurer, the Attorney General and the Commissioner of the Bureau of Labor and Industries.

�� (d) The Judicial Department.

�� (3) Notwithstanding subsection (2) of this section, a statewide elected official who initially assumes office in January of an odd-numbered year may submit proposed measures for introduction by members or committees of the Legislative Assembly until the calendar day designated by rules of either house of the Legislative Assembly. The exemption granted by this subsection to a newly elected Governor does not apply to state agencies in the executive branch.

�� (4) On or before December 15 of an even-numbered year, a state agency may file a proposed legislative measure with the Legislative Counsel through a member or committee of the Legislative Assembly.

�� (5) The Legislative Counsel shall order each measure filed pursuant to subsections (1) to (4) of this section prepared for printing and may order the measure printed. If the person filing a measure specifically requests in writing that the measure be made available for distribution, the Legislative Counsel shall order the measure printed and shall make copies of the printed measure available for distribution before the beginning of the session to members and members-elect and to others upon request.

�� (6) Copies of all measures filed and prepared for printing or printed pursuant to this section shall be forwarded by the Legislative Counsel to the chief clerk of the house designated by the person filing the measure for introduction.

�� (7) The costs of carrying out this section shall be paid out of the money appropriated for the expenses of that session of the Legislative Assembly for which the measure is to be printed.

�� (8) The Legislative Counsel Committee may adopt rules or policies to accomplish the purpose of this section.

�� (9) This section does not affect any law or any rule of the Legislative Assembly or either house thereof relating to the introduction of legislative measures. [1961 c.167 �17; 1969 c.374 �1; 1971 c.638 �1; 1981 c.517 �15; 1999 c.1074 �1; 2001 c.45 �1; 2011 c.545 �1; 2011 c.731 �4; 2016 c.117 �38]

�� 171.132 [1975 c.783 �3; 1979 c.237 �2; repealed by 1999 c.1074 �8]

�� 171.133 Approval of Governor required for state agency measure introduction. (1) A state agency shall not cause a bill or measure to be introduced before the Legislative Assembly if the bill or measure has not been approved by the Governor.

�� (2) As used in ORS 171.130 and this section, �state agency� means every state agency whose costs are paid wholly or in part from funds held in the State Treasury, except:

�� (a) The Legislative Assembly, the courts and their officers and committees; and

�� (b) The Secretary of State, the State Treasurer, the Attorney General and the Commissioner of the Bureau of Labor and Industries. [1979 c.237 �3; 1999 c.1074 �5; 2003 c.449 �25; 2011 c.731 �5; 2023 c.281 ��45,82]

(Readability)

�� 171.134 Readability test for legislative digests and summaries. Any measure digest or measure summary prepared by the Legislative Assembly shall be written in a manner that results in a score of at least 60 on the Flesch readability test or meets an equivalent standard of a comparable test. [1979 c.270 �1]

�� 171.135 [Formerly 171.100; 1969 c.620 �6; repealed by 1981 c.517 �4 (171.136 enacted in lieu of 171.135 and 171.140)]

(Supplies)

�� 171.136 Supplies and equipment. (1) The Legislative Administrator, subject to the policies of the Legislative Administration Committee and the rules of each house, shall furnish necessary office supplies, equipment and stationery for the use of all members, officers and employees of the Legislative Assembly, taking their receipt therefor. It is the duty of such members, officers and employees to return to the Legislative Administrator any unused stationery or supplies and all equipment at the close of each session of the Legislative Assembly unless otherwise directed by the Legislative Administrator. The Legislative Administrator is authorized to charge the cost of any unreturned nonconsumable supplies or equipment against the final payroll check of the member, officer or employee responsible therefor.

�� (2) Unless otherwise directed by joint resolution, the Legislative Administrator shall cause to be forwarded to each member of the Legislative Assembly all materials furnished to them by statute, rule or resolution that do not remain the property of the state and that are left by the member with the Legislative Administrator to be so forwarded at the close of each regular or special session of the Legislative Assembly. The member shall designate the address to which the materials are to be forwarded.

�� (3) The expenses incurred in carrying out the provisions of this section shall be paid out of the appropriation for the expenses of that session of the Legislative Assembly for which the services were performed or the supplies provided. [1981 c.517 �5 (enacted in lieu of 171.135 and 171.140)]

�� 171.137 [1969 c.620 �16; repealed by 1981 c.130 �1]

�� 171.140 [1961 c.167 �15; 1969 c.620 �7; repealed by 1981 c.517 �4 (171.136 enacted in lieu of 171.135 and 171.140)]

(Constitutional Amendments)

�� 171.150 Applications for amendment convention withdrawn. An application for an amendment convention under Article V of the United States Constitution that was submitted by the Legislative Assembly to Congress before September 24, 2023, is hereby withdrawn and is null and void. [2023 c.349 �1]

ELECTION DATES

�� 171.180 State policy governing election dates. The Legislative Assembly finds that to limit the number of days on which elections are held in this state would consolidate separate single purpose elections, reduce the cost of elections and local government, and increase participation in the electoral process. It, therefore, finds that the number of election days in this state is a matter of statewide concern. [1979 c.316 �1]

�� 171.185 Dates for legislatively prescribed elections; emergency election. (1) Except as provided in subsection (2) of this section, an election called by the Legislative Assembly shall be held only on:

�� (a) The second Tuesday in March;

�� (b) The third Tuesday in May;

�� (c) The fourth Tuesday in August; or

�� (d) The first Tuesday after the first Monday in November.

�� (2) An election may be held on a date other than that provided in subsection (1) of this section, if the Legislative Assembly by resolution or Act finds that an election sooner than the next available election date is required on a measure to finance repairs to property damaged by fire, vandalism or a natural disaster. [1979 c.316 �2; 1981 c.639 �1; 1987 c.267 �63; 1989 c.923 �3; 1991 c.71 �1; 1993 c.713 �50; 1995 c.712 �112; 2021 c.551 �17]

PUBLICATIONS

�� 171.200 �Publications� defined for ORS 171.206. As used in ORS 171.206, �publications� does not include materials published under ORS 171.236 or 171.275, but does include:

�� (1) Bills, resolutions and memorials and amendments thereto.

�� (2) Reports of statutory, standing, special or interim legislative committees.

�� (3) Periodic legislative calendars and periodic journals, if any of these are published.

�� (4) Reports of witnesses who appear before legislative committees, setting forth the name of each witness, the measure concerning which the witness provides testimony and the entity, if any, that the witness represents or is affiliated with.

�� (5) Other documents or papers which the Legislative Assembly, or either house thereof, orders printed. [1961 c.167 �18; 1965 c.424 �4; 2011 c.175 �1]

�� 171.205 [Formerly 171.090; 1965 c.424 �5; 1971 c.638 �2; repealed by 1981 c.517 �6 (171.206 enacted in lieu of 171.205,