171.220; 1971 c.638 �3; 2016 c.88 �6] ����� 171.407 Sound recordings of legislative proceedings; public access. (1) Sound recordings, produced on equipment selected by the Legislative Administrati

171.220; 1971 c.638 �3; 2016 c.88 �6]

����� 171.407 Sound recordings of legislative proceedings; public access. (1) Sound recordings, produced on equipment selected by the Legislative Administration Committee for compatibility with equipment for reproduction by the State Archives, shall be made of every meeting of the Legislative Assembly and of every hearing and meeting of every standing, special and interim committee of the Legislative Assembly, or subcommittee thereof.

����� (2) The sound recordings required under subsection (1) of this section are part of the legislative records of the Legislative Assembly or committee and shall be subject to the provisions of ORS 171.410 to 171.430.

����� (3) Except as provided in ORS 171.425, the State Archivist shall not loan any sound recording required under subsection (1) of this section, but may arrange to have such recordings copied in an appropriate manner and may make a reasonable charge therefor. [1973 c.555 �1]

����� 171.410 �Legislative record� defined for ORS 171.410 to 171.430. As used in ORS 171.410 to 171.430, unless the context requires otherwise, �legislative record� means a measure or amendment thereto, a document, book, paper, photograph, sound recording or other material exclusive of personal correspondence, regardless of physical form or characteristics, made by the Legislative Assembly, a committee or employee thereof, in connection with the exercise of legislative or investigatory functions, but does not include the record of an official act of the Legislative Assembly kept by the Secretary of State under section 2, Article VI of the Oregon Constitution. [1961 c.150 �1; 1981 c.517 �19]

����� 171.415 Delivery to Legislative Administration Committee; exception. (1) Except as provided in subsections (2) and (3) of this section, a committee or employee of the Legislative Assembly having possession of legislative records that are not required for the regular performance of official duties shall, within 10 days after the adjournment sine die of a regular or special session, deliver all such legislative records to the Legislative Administration Committee.

����� (2) The chairperson, member or employee of a legislative interim committee responsible for maintaining the legislative records of that committee shall, within 10 days after the committee ceases to function or before January 1 next preceding the beginning of an odd-numbered year regular session of the Legislative Assembly, whichever is earlier, deliver all such legislative records to the Legislative Administration Committee.

����� (3) This section does not apply to the records of the Emergency Board, the Legislative Administration Committee, the Legislative Counsel Committee, the Legislative Policy and Research Committee, the Joint Committee on Conduct and the Legislative Equity Officer or the Joint Committee on Ways and Means. [1961 c.150 �2; 1969 c.620 �10; 1973 c.555 �4; 1981 c.517 �20; 2011 c.545 �4; 2016 c.88 �7; 2019 c.604 �20]

����� 171.420 Classification and arrangement; delivery to State Archivist. The Legislative Administrator shall classify and arrange the legislative records delivered to the Legislative Administrator pursuant to ORS 171.415, in a manner that the Legislative Administrator considers best suited to carry out the efficient and economical utilization, maintenance, preservation and disposition of the records. The State Archivist shall assist the Legislative Administrator in the performance of this work. The Legislative Administrator shall deliver to the State Archivist all legislative records in the possession of the Legislative Administrator when such records have been classified and arranged. The State Archivist shall thereafter be official custodian of the records so delivered. [1961 c.150 �3; 1969 c.620 �11]

����� 171.425 Borrowing by certain legislative personnel. The State Archivist shall allow the Legislative Fiscal Officer, the Legislative Administrator, the Legislative Counsel, the Legislative Revenue Officer or the Legislative Policy and Research Director to borrow and temporarily have possession of such legislative records as such officer requests. [1961 c.150 �4; 1969 c.620 �12; 1975 c.789 �6; 2016 c.88 �8]

����� 171.427 Schedule for retention, destruction or disposition of records. The Legislative Administration Committee and State Archivist shall establish and from time to time may revise a schedule that shall govern the retention and destruction or other disposition of legislative records delivered to and in the custody of the archivist under ORS 171.420 or 171.430 and of sound recordings retained by a committee under ORS 171.430 (2). The schedule agreed upon by the committee and archivist shall be set forth in the rules and regulations issued by the archivist. [1973 c.555 �3]

����� 171.430 Disposal by certain committees; sound recordings by certain committees. (1) Except for legislative records borrowed under ORS 171.425 and except as provided in subsection (2) of this section, the Emergency Board, the Legislative Administration Committee, the Legislative Counsel Committee, the Legislative Policy and Research Committee or the Joint Committee on Ways and Means may cause any legislative records in its possession to be destroyed or otherwise disposed of, if such legislative records are considered by such committee to be of no value to the state or the public and are no longer necessary under or pursuant to any statute requiring their creation or maintenance or affecting their use. However, such committee shall prior to destruction or disposal notify the State Archivist and transfer to the official custody of the State Archivist any such legislative records that are requisitioned by the State Archivist, except those designated as confidential by statute or by rule or resolution of the Legislative Assembly or of such committee.

����� (2) The Emergency Board, the Legislative Administration Committee, the Legislative Counsel Committee, the Legislative Policy and Research Committee and the Joint Committee on Ways and Means shall cause sound recordings of its hearings or meetings to be retained or, if not retained, to be delivered to the State Archivist. The archivist shall be official custodian of the sound recordings so delivered. [1961 c.150 �6; 1969 c.620 �13; 1973 c.555 �5; 2016 c.88 �9]

INVESTIGATIONS OF LEGISLATOR AND LEGISLATOR-ELECT

����� 171.450 Legislative intent. In enacting ORS 171.455 to 171.465, it is the intention of the Legislative Assembly to support the privilege of free suffrage and to protect the integrity of the election process against improper conduct:

����� (1) By establishing a procedure to examine complaints about election conduct of members or members-elect of the Legislative Assembly; and

����� (2) By assisting the Legislative Assembly in carrying out its constitutional duties to judge of the election, qualifications and returns of its own members. [1985 c.693 �1]

����� 171.455 Complaint of elector; content. (1) Within 30 days after a general election, any elector may file a complaint with the Secretary of State alleging a criminal violation of any election law by a member or member-elect of the Legislative Assembly.

����� (2) The complaint shall be specific in its allegations. If the complaint pertains to campaign publications or material, a copy of the material shall be filed with the complaint. If the charge is incapable of such documentation, the affidavits of at least two persons who witnessed the conduct that is subject of the complaint shall be attached. Each affidavit shall contain the name and address of the affiant and a detailed statement describing the conduct that is the subject of the complaint. [1985 c.693 �2]

����� 171.460 Secretary of State to conduct investigation; findings; report. (1) Upon receipt of the complaint, the Secretary of State shall conduct an investigation to determine whether there is probable cause to believe that the alleged violation occurred, and that it was both deliberate and capable of having some possible effect upon the election.

����� (2) Upon a finding of probable cause, the Secretary of State shall report the finding to the Secretary of the Senate or Chief Clerk of the House of Representatives, as appropriate, at least five days prior to the convening of the odd-numbered year regular session of the Legislative Assembly.

����� (3) The findings under this section are a public record available for public inspection.

����� (4) Action under this section is in addition to and not in lieu of action under ORS 260.345. [1985 c.693 �3; 2011 c.545 �71]

����� 171.465 Credentials committee; appointment; duties. The presiding officer of each house of the Legislative Assembly shall appoint a credentials committee. The credentials committee shall review the finding of any report of the Secretary of State submitted under this section and ORS 171.450 to 171.460, hear additional evidence if it so chooses, and make recommendations to the appropriate legislative body. [1985 c.693 �4]

WITNESSES IN LEGISLATIVE PROCEEDINGS

����� 171.505 Administering oaths or affirmations to witnesses. The President of the Senate, the Speaker of the House of Representatives, the chairperson or vice chairperson of any statutory, standing, special or interim committee of either house of the Legislative Assembly, or the chairperson or vice chairperson of a statutory, standing, special or interim joint committee of the two houses, may administer oaths or affirmations to witnesses in any proceedings under their examination. [Formerly