Chapter 175 Oregon Laws 2001

AN ACT

HB 3374

Relating to electronic communications with public bodies; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) As used in this section and section 2 of this 2001 Act:

(a) “Public body” has the meaning given that term in ORS 192.410.

(b) “Rule,” in the case of a political subdivision as defined in ORS 192.005, means an ordinance, policy or resolution.

(2) Notwithstanding any other provision of law:

(a) A public body may receive and accept any communication or transaction electronically.

(b) A public body may provide for the electronic receipt and acceptance of communications or transactions in accordance with ORS 192.825 to 192.855.

(3) To carry out the provisions of subsection (2) of this section, a public body may adopt rules:

(a) To give notice of the public body’s intention to begin electronic receipt and acceptance of communications or transactions.

(b) Requiring electronic communications or transactions to conform to other laws that set requirements on electronic communications or transactions and that prohibit, except as provided in subsection (2) of this section, the receipt or acceptance of communications or transactions electronically.

(4) The authority granted by subsection (2) of this section does not authorize a public body to require only electronic delivery or acceptance of communications or transactions.

SECTION 2. (1) A public body that receives or accepts communications or transactions electronically under section 1 of this 2001 Act shall notify the Legislative Counsel Committee of any Oregon statute that the public body believes prohibits the use of electronic delivery, receipt or acceptance of communications or transactions.

(2) The committee shall review any statutes reported under subsection (1) of this section and submit appropriate proposed legislation to the Seventy-second Legislative Assembly and the Seventy-third Legislative Assembly.

SECTION 3. Sections 1 and 2 of this 2001 Act are repealed January 2, 2006.

SECTION 4. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect on its passage.

Approved by the Governor May 22, 2001

Filed in the office of Secretary of State May 22, 2001

Effective date May 22, 2001

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