74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 456
Sponsored by Senator BROWN (at the request of Mark Nelson)
CHAPTER ................
AN ACT
Relating to salaries of elected officials; creating new
provisions; amending ORS 171.072, 292.405, 292.410, 292.415 and
292.425 and section 10, chapter ___, Oregon Laws 2007 (Enrolled
Senate Bill 700); repealing section 8, chapter ___, Oregon Laws
2007 (Enrolled Senate Bill 700); and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 292.405 is amended to read:
292.405. (1) The annual salary of the Chief Judge of the Court
of Appeals shall be { - $99,200 - } { + $119,928 + } for the
year beginning July 1, { - 2001 - } { + 2007 + }, and ending
June 30, { - 2002 - } { + 2008 + }, and { - $105,200 - }
{ + $123,528 + } for the year beginning July 1, { - 2002 - }
{ + 2008 + }, and ending June 30, { - 2003 - } { + 2009 + },
and for each year thereafter.
(2) The annual salary of each other judge of the Court of
Appeals shall be { - $97,000 - } { + $117,192 + } for the
year beginning July 1,
{ - 2001 - } { + 2007 + }, and ending June 30, { - 2002 - }
{ + 2008 + }, and { - $102,800 - } { + $120,708 + } for the
year beginning July 1, { - 2002 - } { + 2008 + }, and ending
June 30, { - 2003 - } { + 2009 + }, and for each year
thereafter.
SECTION 2. ORS 292.410 is amended to read:
292.410. (1) The annual salary of the Chief Justice of the
Supreme Court shall be { - $101,500 - } { + $122,664 + } for
the year beginning July 1, { - 2001 - } { + 2007 + }, and
ending June 30, { - 2002 - } { + 2008 + }, and
{ - $107,600 - } { + $126,348 + } for the year beginning July
1, { - 2002 - } { + 2008 + }, and ending June 30,
{ - 2003 - } { + 2009 + }, and for each year thereafter.
(2) The annual salary of each other judge of the Supreme Court
shall be { - $99,200 - } { + $119,928 + } for the year
beginning July 1,
{ - 2001 - } { + 2007 + }, and ending June 30, { - 2002 - }
{ + 2008 + }, and { - $105,200 - } { + $123,528 + } for the
year beginning July 1, { - 2002 - } { + 2008 + }, and ending
June 30, { - 2003 - } { + 2009 + }, and for each year
thereafter.
SECTION 3. ORS 292.415 is amended to read:
292.415. The annual salary of each judge of a circuit court
shall be { - $90,400 - } { + $109,212 + } for the year
beginning July 1, { - 2001 - } { + 2007 + }, and ending June
Enrolled Senate Bill 456 (SB 456-C) Page 1
30, { - 2002 - } { + 2008 + }, and { - $95,800 - } { +
$112,488 + } for the year beginning July 1, { - 2002 - } { +
2008 + }, and ending June 30, { - 2003 - } { + 2009 + }, and
for each year thereafter.
SECTION 4. ORS 292.425 is amended to read:
292.425. The annual salary of the judge of the Oregon Tax Court
shall be { - $93,300 - } { + $112,752 + } for the year
beginning July 1,
{ - 2001 - } { + 2007 + }, and ending June 30, { - 2002 - }
{ + 2008 + }, and { - $98,900 - } { + $116,136 + } for the
year beginning July 1, { - 2002 - } { + 2008 + }, and ending
June 30, { - 2003 - } { + 2009 + }, and for each year
thereafter.
SECTION 5. ORS 171.072 is amended to read:
171.072. (1) A member of the Legislative Assembly shall receive
for services an annual salary { - of the greater of: - } { +
+ } { + that is equal to that provided for + }
{ - (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) 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 sum allowed each of them as a
member under subsection (1) of this section.
(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 Speaker of the House of
Representatives may delegate to the chairpersons of interim and
statutory committees and task forces the approval authority
granted to them by subsection (4) of this section, with respect
to expenses incurred in attending any meeting of a particular
committee or task force.
Enrolled Senate Bill 456 (SB 456-C) Page 2
(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 that 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 is 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 5a. { + If Senate Bill 994 becomes law, sections 1
(amending ORS 292.405), 2 (amending ORS 292.410), 3 (amending ORS
292.415) and 4 (amending ORS 292.425) of this 2007 Act are
repealed. + }
SECTION 5b. { + If Senate Bill 700 becomes law, section 8,
chapter ___, Oregon Laws 2007 (Enrolled Senate Bill 700)
(amending ORS 171.072), is repealed and ORS 171.072, as amended
by section 5 of this 2007 Act, is amended to read: + }
171.072. (1) A member of the Legislative Assembly shall receive
for services an annual salary { - that is equal to that
provided for 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 - } { + established as provided in
ORS 292.907 to 292.930 + }.
(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 { - sum - }
{ + 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.
Enrolled Senate Bill 456 (SB 456-C) Page 3
(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 { - them - } { + 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 { - that - } { + 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 { - is - } { + 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 5c. If Senate Bill 700 becomes law, section 10, chapter
___, Oregon Laws 2007 (Enrolled Senate Bill 700), is amended to
read:
{ + Sec. 10. + } The { - amendments to ORS 171.072 by
section 8 of this 2007 Act and the - } repeal of statutes by
section 11 { - of this 2007 Act - } { + , chapter ___, Oregon
Enrolled Senate Bill 456 (SB 456-C) Page 4
Laws 2007 (Enrolled Senate Bill 700), + } become operative on
July 1, 2009.
SECTION 5d. { + The amendments to ORS 171.072 by section 5b of
this 2007 Act become operative on July 1, 2009. + }
SECTION 6. { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect on its
passage. + }
----------
Passed by Senate June 23, 2007
Repassed by Senate June 27, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 27, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 456 (SB 456-C) Page 5
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 456 (SB 456-C) Page 6