72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 56
 
                           A-Engrossed
 
                         Senate Bill 14
                 Ordered by the Senate April 22
           Including Senate Amendments dated April 22
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Joint Interim Committee on
  Judiciary)
 
 
                             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.
 
    { - Reduces - }   { + Modifies + } period for retention of
state records about child abuse.   { - Requires State Archivist
to destroy child abuse records after retention period expires.
Prescribes persons to whom State Archivist may release
records. - }
 
                        A BILL FOR AN ACT
Relating to retention of state records about child abuse;
  amending ORS 192.105.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 192.105 is amended to read:
  192.105. (1) Except as otherwise provided by law, the State
Archivist may grant to public officials of the state or any
political subdivision, as defined in ORS 192.072, specific or
continuing authorization for the retention or disposition of
public records   { - which - }   { + that + } are in their
custody, after the records have been in existence for a specified
period of time. In granting such authorization, the State
Archivist shall consider the value of the public records for
legal, administrative or research purposes and shall establish
rules for procedure for the retention or disposition of the
public records.   { - In order to protect and preserve the
private legal rights of a person who as a minor was the subject
of a record relating to child abuse and foster home placement and
supervision, and to retain such a record for use in any
subsequent counseling required by such a person, the State
Archivist shall retain all records of the Department of Human
Services that relate to child abuse for: - }
    { - (a) 75 years if the abuse is substantiated; and - }
    { - (b) 30 years if the abuse is unsubstantiated. - }
  (2)(a) The State Archivist shall provide instructions and forms
for obtaining authorization. Upon receipt of an authorization or
upon the effective date of the applicable rule, a state official
who has public records in custody shall destroy or otherwise
dispose of those records that are older than the specified period
of retention established by the authorization or rule. An
official of a local government may destroy such records if such
destruction is consistent with the policy of the local
government. No record of accounts or financial affairs subject to
audit shall be destroyed until released for destruction by the
responsible auditor or representative of the auditor. If federal
funds are involved, records retention requirements of the United
States Government must be observed. Each state agency and
political subdivision shall designate a records officer to
coordinate its records management program and to serve as liaison
with the State Archivist. The county records officers for the
purposes of ORS 192.001, 192.050, 192.060, 192.105, 192.130,
357.825, 357.835 and 357.875 shall be those officers identified
in ORS 205.110. The State Archivist shall require periodic
reports from records officers about records management programs.
The State Archivist may require state agency records designated
as inactive by the State Archivist to be transferred to the State
Records Center, pending the availability of space.
  (b) The State Archivist shall determine which parts of a public
record are acceptable for admission to the State Records Center
and may require the state agency or governing body to cause the
unacceptable part to be removed before the record is submitted to
the State Records Center.
  (3) Authorizations granted prior to January 1, 1978, by any
state agency, the State Archivist, or any board of county
commissioners, to state agencies, schools, school districts, soil
and water conservation districts, or county officials and offices
shall remain in effect until they are adopted or amended by the
State Archivist.
  (4) This section does not apply to legislative records, as
defined in ORS 171.410.
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