BRANCHES OF GOVERNMENT BACKGROUND BRIEF LPRO: Legislative Policy and Research Office

“The powers of the Government shall be The legislature has influence over executive divided into three separate branches, the and judicial branch decisions as the laws Legislative, the Executive, including the enacted by the legislature, along with adoption administrative, and the Judicial; and no of the budget, establish state policy that directs person charged with official duties under one all state agency activity and impacts the courts. of these branches, shall exercise any of the The primary functions of the legislature are to: functions of another, except as in this Constitution expressly provided.” (Section 1,  Adopt and administer the state Article III of the Constitution) budget; LEGISLATIVE  Enact new and revise CONTENTS existing laws; BRANCH LEGISLATIVE BRANCH  Set public policy; and Oregon’s legislature is  Confirm certain composed of two chambers, EXECUTIVE BRANCH 60 members of the House of executive appointments in the Senate. Representatives and 30 JUDICIAL BRANCH members of the Senate. Each The legislature is responsible of the 90 members represent a STAFF CONTACT for the state’s biennial budget designated district, meaning including the ability to each Oregonian is represented by a single determine budgets for all executive and Senator and a single Representative. House administrative state officers, departments, districts have a population of about 63,850; boards, commissions and agencies of the state Senate districts contain roughly 127,700 government. This is accomplished by people. Senators are elected to four-year terms, reviewing and revising the Governor’s with 15 seats up for election every two years. proposed budget. The Oregon Constitution Representatives are elected to two-year terms. prohibits the state from spending moneys in The Oregon Legislative Assembly convenes excess of revenues. Legislative proposals to annually in February to consider public policy raise revenues must originate in the House. and the budget. During odd-numbered years, The legislature enacts new and amends the legislative sessions may not exceed 160 existing laws by providing a forum for the days and in even-numbered years, 35 days. discussion of ideas and issues. An idea for a Five-day extensions are allowed by a two-thirds bill to change, amend or create a new law may vote in each chamber. come from a citizen, group or legislator and can be brought forward for consideration at

BRANCHES OF GOVERNMENT PAGE 1 OF 4 UPDATED: FEBRUARY 2017 BRANCHES OF GOVERNMENT the request of a legislative committee or They administer the laws through a number of legislator. In order for a bill to become law, it departments, boards and commissions that must pass the Senate and House in the create regulations that comprise the Oregon identical form, after a committee reviews the Administrative Rules (OAR). bill, conducts public hearings and votes in The Governor, as the chief executive of support of it during a work session. Unlike Oregon, is responsible for oversight of all other states, the Oregon Legislative Assembly state agencies, boards and commission; does not allow, by rule, for a bill to be provides leadership, planning and amended on the floor of the Senate or House; coordination for the executive branch; makes all amendments occur while in work session appointments of agency directors, and in a committee. members, to nearly 300 policymaking, After a bill has passed the Senate and House regulatory and advisory boards and it proceeds to the Governor for consideration. commissions and judges to fill vacancies in The Governor can sign the measure, allow it judicial office; proposes a two-year budget to to become law without signature or issue a the legislature; and recommends a legislative veto. The Governor can also veto specific line program to each regular session and may also items of appropriation measures. Legislation call special sessions. referred to voters cannot be vetoed. In addition, the Governor chairs both the The step-by-step process is outlined here. State Land Board, which manages state-owned lands, and the Oregon Progress Board, which Once a bill is signed by the Governor, it will sets strategic goals for Oregon; acts as the become effective on January 1st of the Superintendent of Public Instruction; directs following year, unless a specific effective date state government’s coordination with local is specified in the bill. If the bill has an and federal governments; and is commander- emergency clause, it will become effective in-chief of the state’s military forces. when it is signed by the Governor. The Governor is . Governor During the 2015 legislative session, 2,641 bills Brown was sworn in as Oregon Governor on were introduced for consideration by the February 18, 2015, after the resignation of Legislative Assembly. Of those introduced, . The order of succession in 847 measures passed both chambers and were event the office of the Governor becomes signed by the Governor. vacant passes in the following order to the EXECUTIVE BRANCH Secretary of State, State Treasurer, President of the Senate and Speaker of the House of Oregon’s executive branch is managed by five Representatives. Thus, as the Secretary of statewide elected officials: governor, secretary State, Brown assumed the office of Governor. of state, treasurer, attorney general and In accordance with the Oregon Constitution, commissioner of labor and industries. The she served as Governor until the results of the statewide officials are elected to four-year November 2016 election took effect in terms. However, the three constitutional January 2017. When appointments are made officers (Governor, Secretary of State and to fill vacancies in a state office, the State Treasurer) may not serve more than eight years in any 12-year period.

BRANCHES OF GOVERNMENT PAGE 2 OF 4 UPDATED: FEBRUARY 2017 BRANCHES OF GOVERNMENT appointment expires when a successor to the trust lands for the benefit of the Common office is elected at the next general election. School Fund. Governor Brown was elected at the 2016 State Treasurer, , held office general election to serve the remaining two until January 2017. He was not eligible for years of the term vacated by Kitzhaber. reelection and a new State Treasurer was elected in 2016 and took office in January The Secretary of State is responsible for 2017. providing statewide leadership, management and oversight in the following divisions: Tobias Read was elected State Treasurer at the elections; audits; corporations; and archives 2016 general election. (as manager of the state’s official legislative The Attorney General is the chief legal officer and executive records). The Secretary serves as for Oregon and oversees the Department of a member of the State Land Board and as Justice (DOJ). The Attorney General has full Chair of the Sustainability Board. charge and control of all legal business of all Secretary of State, Jeanne Atkins, was state departments, boards and commissions appointed to serve as the Secretary of State that require the services of legal counsel, after then Secretary Kate Brown was sworn in supervising all court actions and legal as Governor. She served as the Secretary until proceedings in which Oregon is a party or has the new Secretary was elected at the November an interest. 2016 general election and sworn in to office In addition, DOJ represents the state’s in January 2017. interests in all civil and criminal cases before Dennis Richardson was elected Secretary of the state and federal courts; serves as legal State at the 2016 general election. counsel to state agencies and offices; supervises charitable trusts and solicitations; The State Treasurer serves as the chief enforces state and federal antitrust laws in financial officer (CFO) for the state and is Oregon; gives assistance to the state’s district responsible for the prudent financial attorneys; and oversees the establishment and management of state money. As the state’s enforcement of child support obligations for CFO, the Treasurer is responsible for families who receive public assistance. managing the investment of state funds, issuing state bonds, serving as the central bank Attorney General, , was for state agencies and administering the elected in 2012 to a four-year term ending in Oregon 529 Savings Network. As the state’s January 2017. She won reelection to the office chief investment officer, the Treasurer has the at the 2016 general election. duty of investing the moneys of numerous The Commissioner of Labor and Industries funds such as the Public Employees oversees the Bureau of Labor and Industries Retirement Fund, the State Accident (BOLI). The BOLI Commissioner is Insurance Fund and the Common School responsible for: enforcement of state laws Fund. prohibiting discrimination in employment, The Treasurer serves on a variety of state housing and public accommodation; financial boards and on the State Land Board, compliance with state laws relating to wages, which has a fiduciary duty to manage state hours, terms and conditions of employment;

BRANCHES OF GOVERNMENT PAGE 3 OF 4 UPDATED: FEBRUARY 2017 BRANCHES OF GOVERNMENT and education and training of employers to were appointed by the Governor after October understand and comply with both wage and 1, 2013. hour, and civil rights law. The Tax Court has exclusive jurisdiction in all The Commissioner directs the state’s questions of law regarding state tax laws, local registered apprenticeship training system; budget law and property tax limitations. There promotes the development of a skilled, is a Magistrate Division that conducts competitive workforce in Oregon through the informal proceedings and a Regular Division apprenticeship program; and serves as Chair where the judge of the Tax Court presides of the State Apprenticeship and Training over trials. The Tax Court consists of one Council. judge and five magistrates. Labor Commissioner, , has The circuit courts are the state trial courts of served in the office since 2008 and was most general jurisdiction. The circuit courts recently reelected in 2014. His current four- exercise jurisdiction in juvenile, probate, year term will expire in January 2019. adoption and guardianship cases in all counties except Gilliam, Grant, Malheur, JUDICIAL BRANCH Sherman and Wasco, where county courts have jurisdiction. There are 173 circuit court Oregon’s judicial branch deliberates on civil, judges in 27 judicial districts. criminal and constitutional issues. Oregon judges review the actions of executive and legislative branches for compliance with the Oregon Constitution. Oregon’s state courts include the Supreme Court, the Court of TAFF ONTACT Appeals, the Tax Court, and 36 circuit courts S C in 27 judicial districts. Judges are nonpartisan Erin Seiler and elected to six-year terms. Legislative Policy and Research Office The Supreme Court has discretionary review 503-986-1647 of cases from the Court of Appeals. It exercises [email protected] direct review in cases such as circuit court death penalty decisions, Tax Court decisions, Please note that the Legislative Policy and Research and state agency facility siting decisions. There Office provides centralized, nonpartisan research are seven justices and they choose one of their and issue analysis for Oregon’s legislative branch. own to serve as chief justice. The Legislative Policy and Research Office does not The Court of Appeals is the intermediate provide legal advice. Background Briefs contain appellate court. It has jurisdiction over civil general information that is current as of the date of and criminal appeals, and review of most state publication. Subsequent action by the legislative, agency actions. The court has ten judges, one executive or judicial branches may affect accuracy. of whom is selected by the Supreme Court to serve as chief judge. In 2012, the Oregon Legislative Assembly adopted House Bill 4026 to increase the number of Court of Appeals judges from 10 to 13. The additional judges

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