Chapter 237 Oregon Laws 2001

AN ACT

HB 2608

Relating to inspection of public records by members and committees of the Legislative Assembly; amending ORS 98.050 and 192.410.

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

SECTION 1. ORS 192.410 is amended to read:

192.410. As used in ORS 192.410 to 192.505:

(1) “Custodian” means:

(a) The person described in ORS 7.110 for purposes of court records; or

(b) A public body mandated, directly or indirectly, to create, maintain, care for or control a public record. “Custodian” does not include a public body that has custody of a public record as an agent of another public body that is the custodian unless the public record is not otherwise available.

(2) “Person” includes any natural person, corporation, partnership, firm, [or] association or member or committee of the Legislative Assembly.

(3) “Public body” includes every state officer, agency, department, division, bureau, board and commission; every county and city governing body, school district, special district, municipal corporation, and any board, department, commission, council, or agency thereof; and any other public agency of this state.

(4) “Public record” includes any writing containing information relating to the conduct of the public’s business, including but not limited to court records, mortgages, and deed records, prepared, owned, used or retained by a public body regardless of physical form or characteristics.

(5) “State agency” means any state officer, department, board, commission or court created by the Constitution or statutes of this state but does not include the Legislative Assembly or its members, committees, officers or employees insofar as they are exempt under section 9, Article IV of the Oregon Constitution.

(6) “Writing” means handwriting, typewriting, printing, photographing and every means of recording, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, files, facsimiles or electronic recordings.

SECTION 2. ORS 98.050 is amended to read:

98.050. (1) The administrator may compile information or data in the possession of the Division of State Lands into finder’s reports at the request of any person to assist in finding the owners of abandoned or unclaimed property.

(2) The administrator shall adopt by rule a fee for copies of finder’s reports. The fee charged shall be commensurate with preparation costs including production, duplication and staff time involved.

(3) Any person requesting a copy of a finder’s report shall be charged the fee.

(4) As used in subsections (1) to (3) of this section:

(a) “Administrator” has the same meaning as given by ORS 98.302.

(b) “Person” [has the same meaning as given by ORS 192.410] includes any natural person, corporation, partnership, firm or association.

(c) “Finder’s report” means any report prepared by the administrator for the benefit of any person to assist in finding the owners of abandoned or unclaimed property.

Approved by the Governor May 30, 2001

Filed in the office of Secretary of State May 30, 2001

Effective date January 1, 2002

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