171.075; 2016 c.90 �1] ����� 171.510 Legislative process to compel attendance and production of papers; service. (1) The President of the Senate, the Speaker of the House of Representatives, or th

171.075; 2016 c.90 �1]

����� 171.510 Legislative process to compel attendance and production of papers; service. (1) The President of the Senate, the Speaker of the House of Representatives, or the chairperson or vice chairperson of any of the legislative committees referred to in ORS 171.505 upon a majority vote of any such committee, may issue any processes necessary to compel the attendance of witnesses and the production of any books, papers, records or documents as may be required.

����� (2) Process may be served by a sergeant at arms of either house when the Legislative Assembly is in session or by a person authorized to serve summons and in the manner prescribed for the service of a summons upon a defendant in a civil action in a circuit court. The process shall be returned to the authority issuing it within 10 days after its delivery to the person for service, with proof of service as for summons or that the person cannot be found. When served outside of the county in which the process originated, the process may be returned by mail. The person to whom the process is delivered shall indorse thereon the date of delivery. [Formerly 171.076; 1973 c.827 �21; 1977 c.877 �16; 1979 c.284 �117]

����� 171.515 Reimbursement of witnesses appearing under legislative process. (1) Witnesses appearing under process issued pursuant to ORS 171.510:

����� (a) Before the Senate or House of Representatives, or a standing, special or statutory committee of either or both, or a subcommittee thereof, except as provided in paragraph (b) of this subsection, shall be reimbursed from funds appropriated for the expenses of that session of the Legislative Assembly during which the witnesses appear.

����� (b) Before the Legislative Counsel Committee, the Emergency Board, the Joint Committee on Ways and Means or an interim committee, or a subcommittee thereof, shall be reimbursed from funds appropriated for the expenses of the committee or subcommittee before which the witnesses appear.

����� (2) The amount of reimbursement payable to a witness under subsection (1) of this section shall not exceed the fees and mileage provided for witnesses in ORS 44.415 (2). All claims for reimbursement are subject to the approval of the Legislative Fiscal Officer. [1961 c.167 �11; 1981 c.892 �91a; 1989 c.980 �9]

����� 171.520 Reporting violations of ORS 171.510. (1) Whenever a person summoned as provided in ORS 171.510 fails to appear to testify or fails to produce any books, papers, records or documents as required, or whenever any person so summoned refuses to answer any question pertinent to the subject under inquiry before either house or any of the committees referred to in ORS 171.505, the fact of such failure may be reported to either house while in session.

����� (2) If the Legislative Assembly is not in session, a statement of facts constituting such failure may be filed with the President of the Senate or the Speaker of the House of Representatives. The President of the Senate or the Speaker of the House of Representatives, as the case may be, shall certify the statement of facts to the district attorney for the county in which the offense occurred, who shall take appropriate action. [Formerly 171.077]

����� 171.522 Judicial enforcement of legislative process; order; service. (1) Whenever a person summoned as provided in ORS 171.510 fails to appear to testify or fails to produce any books, papers, records or documents as required, or whenever any person so summoned refuses to answer any question pertinent to the subject under inquiry before either house, any statutory committee, any standing committee of either house, or any special or interim committee created by both houses, the house or committee, in lieu of proceeding under ORS 171.520, may apply to the circuit court for the county in which the failure occurred for an order to the person to attend and testify, or otherwise to comply with the demand or request of the house or committee.

����� (2) The application to the court shall be by ex parte motion upon which the court shall make an order requiring the person against whom it is directed to comply with the demand or request of the house or committee within three days after service of the order, or within such further time as the court may grant, or to justify the failure within that time.

����� (3) The order shall be served upon the person to whom it is directed in the manner required by this state for service of process, which service is required to confer jurisdiction upon the court. Failure to obey an order issued by the court under this section is contempt of court.

����� (4) This section does not affect the exercise of the powers of either house under section 16, Article IV, Oregon Constitution. [1965 c.294 �1]

����� 171.525 Immunities of witness before legislative committee. Any testimony given by a witness before any legislative committee shall not be used against the witness in any criminal action or proceeding, nor shall any criminal action or proceeding be brought against such witness on account of any testimony so given by the witness, except for perjury committed before such committee. [Formerly 171.078]

����� 171.530 Privilege of witness before legislative committee. (1) The privilege of a witness who appears voluntarily or under subpoena before a committee of the Legislative Assembly in a matter within the jurisdiction of the committee is the same as that of a witness in judicial proceedings. A statement made by the witness before a legislative committee which is pertinent to the matter before the legislative committee is privileged and the witness shall not be subject to an action for civil damages as a result thereof unless the witness knowingly makes a false and immaterial statement for the purpose of defaming another.

����� (2) As used in this section, �legislative committee� means a statutory, standing, special or interim committee of either or both houses, including a legislative task force, established by rule of either or both houses, by resolution or by law and whether or not all members of the legislative committee are also members of the Legislative Assembly. [1987 c.797 �1]

����� 171.535 [1983 c.796 �5; repealed by 2007 c.354 �1]

����� 171.540 [1983 c.796 �6; 1989 c.180 �1; repealed by 2007 c.354 �1]

����� 171.545 [1983 c.796 �7; repealed by 2007 c.354 �1]

����� 171.550 [1983 c.796 �8; repealed by 2007 c.354 �1]

����� 171.551 [1997 c.7 �2; 1999 c.270 �1; repealed by 2007 c.354 �1]

����� 171.553 [1997 c.7 �3; 1999 c.270 �2; 1999 c.1026 �24; 2005 c.22 �118; repealed by 2007 c.354 �1]

WAYS AND MEANS COMMITTEE

����� 171.555 Joint Committee on Ways and Means. (1) Upon election, the President of the Senate and the Speaker of the House of Representatives shall appoint a Joint Committee on Ways and Means. At least two of the members appointed from each house shall have had previous experience on the Joint Committee on Ways and Means. If the Speaker of the House of Representatives or the President of the Senate is a member, either may designate from time to time an alternate from among the members of the respective house to exercise powers as a member of the committee except that the alternate shall not preside if the Speaker or President is chair. The President of the Senate shall appoint one cochair for the joint committee and the Speaker of the House of Representatives shall appoint one cochair for the joint committee. The cochairs of the joint committee shall alternate as presiding officers.

����� (2) The cochairs of the Joint Committee on Ways and Means are authorized to cause to be investigated, either through the whole of the committee or by a selected subcommittee, any complaints about the management or conduct of any of the state institutions, departments, officers or activities for the support of which state money has been appropriated, or for which appropriations may hereafter be made.

����� (3) The Joint Committee on Ways and Means 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.

����� (4) Action by the Joint Committee on Ways and Means requires the affirmative vote of a majority of committee members from the House of Representatives and a majority of committee members from the Senate. [Formerly 171.080; 1977 c.891 �1; 1981 c.2 �1; 2007 c.790 �1]

STATE BUDGET POLICY

����� 171.557 State budget policy. (1) The Legislative Assembly finds that there is a need for a comprehensive, specific budget format available to all members of the Legislative Assembly so that:

����� (a) Effective policy decisions can be made;

����� (b) Line items in agency budgets can be identified by program function;

����� (c) Decisions to increase or decrease agency budgets can be made with knowledge as to policy and programmatic impact; and

����� (d) A more objective comparison can be made to the Governor�s budget.

����� (2) The Legislative Assembly also finds that the goal of the legislative budgeting process is to afford members a thorough understanding of:

����� (a) The policies of state government regarding the definition and delivery of state services;

����� (b) What program functions are necessary to state operations and the cost of these functions; and

����� (c) The means whereby these policies and programs are administered.

����� (3) The goal of the Legislative Assembly is to decide, as a body, which policies and programs are necessary to discharge its public responsibilities. Consequently, the Legislative Assembly finds that there is a need to examine the legislative budgeting process so that:

����� (a) Policy decisions are made by the Legislative Assembly as a whole;

����� (b) Program functions are more closely identified with line items in agency budgets;

����� (c) Funding options and priorities are defined in terms of policies; and

����� (d) Legislative budgeting identifies programs which are necessary in terms of policies and state responsibilities, as opposed to the need to maintain existing program activities. [1989 c.652 �1; 2016 c.117 �37; subsection (4) renumbered 171.558 in 2019]

����� 171.558 Furnishing budget information to Oregon Department of Administrative Services; confidentiality; exception. The Legislative Fiscal Officer may provide information related to the preparation and adoption of the legislatively adopted budget, or to measures considered by the Joint Committee on Ways and Means during any session of the Legislative Assembly, to the Oregon Department of Administrative Services. Staff of the Oregon Department of Administrative Services may not reveal to any other person the contents or nature of the information provided under this section, except with the written consent of the Legislative Fiscal Officer. [Formerly subsection (4) of 171.557]

����� 171.559 [1989 c.652 �2; 2009 c.11 �14; repealed by 2016 c.117 �75]

����� 171.560 [1961 c.167 �39 (enacted in lieu of 351.030); 1969 c.695 �2; 1971 c.638 �16; 1977 c.891 �2; 1979 c.351 �1; repealed by 1979 c.351 �5; 171.562 enacted in lieu of 171.560]

SENATE CONFIRMATION OF EXECUTIVE APPOINTMENTS

����� 171.562 Procedures for confirmation. The Senate by rule adopted during a session or at a convening of the Senate to carry out its duties under section 4, Article III of the Oregon Constitution, shall specify its procedures for the confirming of appointments by the Governor that are by law subject to confirmation by the Senate. [1981 c.4 �1; enacted in lieu of 171.560]

����� 171.565 Vote required for confirmation; interim Senate meetings. (1) In case of any executive appointment made subject to confirmation of the Senate, the affirmative vote of a majority of the members of the Senate shall be necessary for confirmation. If an appointment is not confirmed by the Senate, the Governor shall make another appointment, subject to confirmation by the Senate.

����� (2) The name of the individual to be appointed or reappointed shall be submitted to the Senate by the Governor. The Senate shall take up the question of confirmation as soon after the convening of a regular or special session as is appropriate or upon a convening of the Senate to carry out its duties under section 4, Article III of the Oregon Constitution. The question of confirmation may be referred to committee or it may be acted upon without such referral.

����� (3) Members of the Senate convened to carry out duties of the Senate under section 4, Article III of the Oregon Constitution, shall be considered in attendance at a meeting of an interim committee during the period of convening for purposes of ORS