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 3934
 
                         House Bill 3839
 
Sponsored by Representative SIMMONS
 
 
                             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 as
introduced.
 
  Requires public body to provide public record within 24 hours
of request to inspect public record. Provides exception. Limits
cost public body may charge for copy of public record. Requires
public body to post notice of rights under public records law.
 
                        A BILL FOR AN ACT
Relating to public records; creating new provisions; and amending
  ORS 192.430 and 192.440.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 192.430 is amended to read:
  192.430. (1) The custodian of any public records, including
public records maintained in machine readable or electronic form,
unless otherwise expressly provided by statute, shall { + ,
within 24 hours of receiving a request to inspect a public
record, + } furnish proper and reasonable opportunities for
inspection and examination of the records in the office of the
custodian and reasonable facilities for making memoranda or
abstracts therefrom, during the usual business hours, to all
persons having occasion to make examination of them. If the
public record is maintained in machine readable or electronic
form, the custodian shall furnish proper and reasonable
opportunity to assure access.
   { +  (2) The 24 hours for responding to a request to inspect a
record does not include time on a Saturday, Sunday or legal
holiday unless the public body is open to the public on the
Saturday, Sunday or legal holiday. + }
    { - (2) - }   { + (3) + } The custodian of the records may
adopt reasonable rules necessary for the protection of the
records and to prevent interference with the regular discharge of
duties of the custodian.
  SECTION 2. ORS 192.440 is amended to read:
  192.440. (1) The custodian of any public record which a person
has a right to inspect shall give the person, on demand, a
certified copy of it, if the record is of a nature permitting
such copying, or shall furnish reasonable opportunity to inspect
or copy.
  (2) If the public record is maintained in a machine readable or
electronic form, the custodian shall provide copies of the public
record in the form requested, if available. If the public record
is not available in the form requested, it shall be made
available in the form in which it is maintained.
  (3) The public body may establish fees reasonably calculated to
reimburse it for its actual cost in making   { - such - }
 { + the + } records available { + . The public body may not
charge + }   { - including costs - }  for summarizing, compiling
or tailoring   { - such - }   { + a + } record, either in
organization or media, to meet the person's request.
 { - However, when the records are those filed with the Secretary
of State under ORS chapter 79, the fees for furnishing copies,
summaries or compilations of such records are those established
by the Secretary of State by rule, under ORS chapter 79. - }
  (4) The custodian of any public record may furnish copies
without charge or at a substantially reduced fee if the custodian
determines that the waiver or reduction of fees is in the public
interest because making the record available primarily benefits
the general public.
  (5) A person who believes that there has been an unreasonable
denial of a fee waiver or fee reduction may petition the Attorney
General or the district attorney in the same manner as a person
petitions when inspection of a public record is denied under ORS
192.410 to 192.505. The Attorney General, the district attorney
and the court have the same authority in instances when a fee
waiver or reduction is denied as it has when inspection of a
public record is denied.
  (6) This section does not apply to signatures of individuals
submitted under ORS chapter 247 for purposes of registering to
vote as provided in ORS 247.973.
  SECTION 3.  { + Section 4 of this 2001 Act is added to and made
a part of ORS 192.410 to 192.505. + }
  SECTION 4.  { + A public body shall post a notice in every
building the public body owns, leases or operates that informs
the public of the rights of a person under ORS 192.420 and the
obligations of the public body under ORS 192.430 and 192.440. + }
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