71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3023
 
                           A-Engrossed
 
                         House Bill 3374
                  Ordered by the House April 17
            Including House Amendments dated April 17
 
Sponsored by Representatives HILL, PATRIDGE
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Permits public bodies to receive and accept communications or
transactions electronically. Grants rulemaking authority.
Prohibits public bodies from requiring only electronic delivery
or acceptance of communications or transactions. Requires public
bodies to report statutes that prohibit electronic communications
and transactions to Legislative Counsel Committee. Requires
committee to review statutes reported on and submit appropriate
proposed legislation.
  Sunsets January 2, 2006.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
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. + }
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