Chapter 33 Oregon Laws 2005

AN ACT

HB 2118

Relating to public documents made available to State Library; creating new provisions; amending ORS 171.206, 357.001, 357.004, 357.005, 357.090, 357.095 and 357.100; and repealing ORS 282.065.

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

SECTION 1. ORS 357.001 is amended to read:

357.001. The State of Oregon recognizes that:

(1) An informed citizenry is indispensable to the proper functioning of a democratic society.

(2) Libraries constitute a cultural, informational and educational resource essential to the people of this state.

(3) Library services should be available widely throughout the state to bring within convenient reach of the people appropriate opportunities for reading, study and free inquiry.

(4) Providing and supporting adequate library services is a proper and necessary function of government at all levels.

(5) It is a basic right of citizens to know about the activities of their government, to benefit from the information developed at public expense and to [enjoy] have permanent access to the information [services of] published by state agencies.

SECTION 2. ORS 357.004 is amended to read:

357.004. As used in ORS 357.001 to 357.200, unless the context requires otherwise:

[(1) “Core public documents” means those public documents for which members of the public have the most significant and frequent need, as determined by the State Librarian, in consultation with state agencies and librarians.]

[(2)] (1) “Depository library” means a library that is designated as such under ORS 357.095.

[(3)] (2)(a) “Issuing agency” means [every state officer, board, commission, department, institution, branch or agency of state government that is not under the control of the State Board of Higher Education and whose costs are paid from public funds.] state government, as that term is defined in ORS 174.111.

(b) “Issuing agency” does not include the State Board of Higher Education or any institution, division or department under the control of the board.

[(4)(a)] (3)(a) “Public document” means informational matter produced for public distribution or access regardless of format, [method of reproduction] medium, source or copyright, originating in or produced with the imprint of, by the authority of or at the total or partial expense of any state agency. “Public document” includes informational matter produced on computer diskettes, CD-ROMs, computer tapes, the Internet or in other electronic [storage media] formats.

(b) “Public document” does not include:

(A) Correspondence, forms, interoffice or intraoffice memoranda;

(B) Legislative bills[, calendars and interim committee reports made available under ORS 171.206];

(C) Oregon Revised Statutes or any edition thereof; or

(D) Reports and publications of the Oregon Supreme Court, the Oregon Court of Appeals and the Oregon Tax Court.

SECTION 3. ORS 357.005 is amended to read:

357.005. (1) The State Library shall be the agency of government responsible for executing the functions as set forth in ORS 357.001 and 357.003.

(2) To carry out its duties under subsection (1) of this section, the State Library may:

(a) Promote adequate library services for all of the people of this state.

(b) Provide advice and assistance to libraries, to library boards, to units of local government empowered to establish libraries and to departments and agencies of state government in matters concerning the establishment, support, operation, improvement and coordination of libraries and library services, and the cooperation between libraries.

(c) Maintain and develop appropriate collections of library materials to supplement the collections and services of other libraries in the state and to meet the reference and research needs of the Legislative Assembly and of the state government by providing library services thereto.

(d) With the advice of the libraries of the state, provide a network whereby the library resources in this state are made available to all of the people of this state under reasonable conditions and subject to appropriate compensation to libraries providing library services to persons beyond their primary clientele.

(e) Provide for state participation in regional, national or international library networks and systems designed to increase the quality of library services for the people of this state.

(f) Provide for the people of this state specialized library services not generally available in other libraries in the state.

(g) Provide library services to people who are blind or print-disabled in cooperation with the United States Library of Congress.

(h) Provide for in-service and continuing education programs for library personnel in the state.

(i) Expend such federal, state or private funds as may be available to the state to demonstrate, develop and support library services in accordance with long-range plans for statewide development and coordination of library services.

(j) Prescribe the conditions for use of state documents in depository libraries, and [maintain a system of exchange of state documents with libraries outside this state] provide for permanent public access to state government publications.

(k) Report statistical data on public, school and other libraries of this state useful in the conduct of the work of the State Library and in the development of effective library services throughout the state.

(L) Carry out other activities authorized by law for the development of library services for the people of this state.

(3) State Library books shall be loaned free of charge to the people of Oregon through existing libraries.

SECTION 4. ORS 357.090 is amended to read:

357.090. (1) Unless a greater or lesser number is agreed upon by the State Librarian and the issuing agency, the Oregon Department of Administrative Services or, in the event the department is unable to furnish the requisite number of copies of the public document, the issuing agency shall make available to the State Librarian for distribution to depository libraries [15] 10 copies of all public documents [and 30 copies of all core public documents] that are printed or produced in any other tangible medium. The department may withhold the prescribed number of copies from each printing order and forward them to the State Librarian. The cost of printing for all copies of a public document furnished to the State Librarian in compliance with this subsection shall be borne by the issuing agency. An issuing agency shall make available to the State Library electronic versions of the agency’s public documents that are produced in a tangible medium. An issuing agency shall also designate all public documents that are published electronically so that the document may be made available to the State Library.

(2) The head of each issuing agency or a designee shall be the public documents liaison officer for the agency and shall be responsible for carrying out the agency’s obligations under this section. Each issuing agency shall notify the State Librarian of the name of the agency’s public documents liaison officer.

(3) Each issuing agency shall provide to the State Librarian an annual listing of all public documents, including those produced in electronic form, that the agency has [distributed] made available to the public during the preceding year.

(4) Issuing agencies shall not charge any public, school or academic library for access to information produced by the agency and maintained in electronic form.

SECTION 5. ORS 357.095 is amended to read:

357.095. The Trustees of the State Library shall designate no more than [30] 10 libraries as depository libraries, which shall be entitled to receive copies of [core] public documents that are printed or produced in any other tangible medium and are deposited with the State Librarian under ORS 357.090. Selection of libraries shall be based upon the size of population served, geographic distribution and the ability of the library to provide the public with access to these public documents. [No more than 15 of these libraries shall be designated as full depository libraries, and shall be entitled to receive copies of all public documents.]

SECTION 6. ORS 357.100 is amended to read:

357.100. (1) The State Library shall be the agency responsible for receiving copies of public documents and making them available to depository libraries.

(2) The State Librarian shall periodically assess the performance of depository libraries and report the results of these assessments to the Trustees of the State Library.

(3) The State Library shall ensure permanent public access to public documents, regardless of the format of the document.

SECTION 7. ORS 171.206 is amended to read:

171.206. (1) Except as provided in ORS 171.236 and 171.275, all publications printed for either house of the Legislative Assembly and their committees, including joint committees created by law, rule or joint resolution, shall be published and distributed by the Legislative Administrator, subject to the rules of each house and under the direction of the Legislative Administration Committee.

(2) Unless otherwise directed by joint resolution and except as otherwise provided by law, the Legislative Administrator may cause to be distributed the publications of the Legislative Assembly among such state officers, departments and agencies, public officers and state institutions of higher learning as the Legislative Administration Committee determines necessary for their requirements. Each house shall receive from the Legislative Administrator such number of publications as it deems necessary.

[(3) Notwithstanding any other provision of law, the Legislative Administrator shall make available to the State Librarian for distribution and exchange purposes 50 copies of each printed measure and daily calendar issued by authority of the Legislative Assembly and 50 copies of each legislative interim committee report, or such lesser number as is desired by the State Librarian.]

(3) The Legislative Administrator shall make public documents available to the State Librarian for distribution to depository libraries as required by ORS 357.090.

(4) Unless otherwise directed by joint resolution, the Legislative Administration Committee shall determine the form, number and distribution of and charges for, if any, the materials referred to in subsection (1) of this section. In determining charges, the committee shall take into account the cost of publishing and distributing copies other than those it distributes under subsections (2) and (3) of this section.

(5) All money received under subsection (4) of this section shall be deposited in the General Fund and be available for payment of the general expenses of the state, except that so much thereof is appropriated as is necessary to reimburse the Legislative Administration Committee for its actual costs incurred in publishing and distributing the copies for which it charges a fee.

(6) The Legislative Administration Committee may order the disposition of legislative publications which in its judgment are no longer of value to the state.

SECTION 8. ORS 282.065 is repealed.

SECTION 9. The amendments to ORS 171.206, 357.001, 357.004, 357.005, 357.090, 357.095 and 357.100 by sections 1 to 7 of this 2005 Act and the repeal of ORS 282.065 by section 8 of this 2005 Act apply to public documents that are printed or otherwise produced on or after the effective date of this 2005 Act.

Approved by the Governor May 13, 2005

Filed in the office of Secretary of State May 13, 2005

Effective date January 1, 2006

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