The Legislature

• Legislative Power is reserved to the Legislature (Art. IV, Sect. 1 .1)

• Except initiative and referendum, which are reserved to the people (Art. IV, Sect. 1 .2a)

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Filling of VacanciesOregon Constitution:

“Vacancy shall be filled as may be provided by law”

• PCPs in the party of the vacating legislator from the precincts in the district

• County Commissioners proportionately

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Legislators

Qualifications:

• US Citizen

• 21 Years old

• Live in the district

• Can be a felon, but have to have served time.

Working Conditions:

• Free from arrest and civil procedure during the session.

• $31,200/year + $149 per diem

• “Call of the House”

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Sessions

• 160 Days in odd-numbered years

• 35 Days in even numbered years• (“Short Session”)

• Extended indefinitely in 5 day increments with 2/3 vote (10)

• Emergency Session (10a)• Presiding officers, or• Majority in each Chamber

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Apportionment (Redistricting)• Every 10 years, enacted by the Legislature.

• Failing that, goes to the Secretary of State.

• Challenged by petition of elector (“voter”) to State Supreme Court

• Re-apportioned by Secretary of State

• Re-re-apportioned by Supreme Court

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Proceedings

• Quorum: 40 in the House, 20 in the Senate

• Each house makes its own rules: Mason’s

• Read each bill, unless 2/3 vote (Sec. 20)

• 3/5 vote required to raise taxes• What about “cut here

and raise there”?• Sunsets on tax credits.

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Emergency Clause

• “No act shall take effect, until ninety days from the end of the session at which the same shall have been passed, except in case of emergency; which emergency shall be declared in the preamble, or in the body of the law.” Art IV, Sect 28

• The people reserve to themselves the referendum power, which is to approve or reject at an election any Act, or part thereof, of the Legislative Assembly that does not become effective earlier than 90 days after the end of the session at which the Act is passed. Art IV, Sect4. 3a

• Note that the people have a line-item veto

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Miscellany• Every act, and joint resolution shall

be plainly worded, avoiding as far as practicable the use of technical terms. (Art. IV, Sect. 21)

• Either house, during its session, may punish by imprisonment, any person, not a member, who shall have been guilty of disrespect to the house by disorderly or contemptious behavior in its presence, but such imprisonment shall not at any time, exceed twenty four hours. (Art. IV, Sect. 16)

• Not every act of the legislature requires the signature of the governor: Article V Convention

• 2/3 Vote required to reduce criminal sentences by initiative.

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The Governor and The Executive Branch• Term Limits: Eight

consecutive years, no more than eight in twelve (Sec 1)

• Succession: Secretary of State, Treasurer, Senate President, Speaker of the House (Sec 8a)

• Governor may call special session (Sec 12)

Executive Branch Operations• Line Item Veto (Sec 15a):

• Appropriations• Any provision in a bill

declaring an emergency

• “He shall from time to time give to the Legislative Assembly information touching the condition of the State, and recommend such measures as he shall judge to be expedient” (Sec 11)

• “He shall transact all necessary business with the officers of government” (Sec 13)

How Many Branches?

• Three?• Legislative• Executive• Judicial

• Four?• Administrative

• Five?• Secretary of State• Treasurer

• Six?• Attorney General

Secretary of State

• Recorder of Official Acts of the Legislature (Sec 2)

• Auditor of public accounts

• Other things, as prescribed by law• Elections• Initiative Process• Business Registry• “Plan B” for

redistricting

Treasurer

• Other things, as prescribed by law• State Land board

• Bond sales

• Over $100 Billion in assets

Counties

• Counties as administrative districts within the state

• Elected to 4 year terms (Sec 6)• Clerk• Treasurer• Sheriff

• Elected or Appointed (Sec 7 & 8)• Coroner• Surveyor

County Home Rule

• Lane (1962)

• Washington (1962)

• Hood River (1964)

• Multnomah (1967)

• Benton (1972)

• Jackson (1978)

• Josephine (1980)

• Clatsop (1988)

• Umatilla (1993)

“The Legislative Assembly shall provide by law a method whereby the legal voters of any county…may adopt, amend, revise or repeal a county charter.” (Sec 10)