Chapter 272 Oregon Laws 2005

AN ACT

HB 2545

Relating to the cost of making public records available for review; creating new provisions; and amending ORS 192.440.

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

SECTION 1. ORS 192.440 is amended to read:

192.440. (1) The custodian of any public record [which] that a person has a right to inspect shall give the person, on demand[, a certified copy of it,]:

(a) A certified copy of the public record if the public record is of a nature permitting [such copying, or shall furnish] copying; or

(b) A reasonable opportunity to inspect or copy the public record.

(2) If the public record is maintained in a machine readable or electronic form, the custodian shall provide [copies] a copy of the public record in the form requested, if available. If the public record is not available in the form requested, [it] the custodian shall [be made] make the public record available in the form in which [it is maintained] the custodian maintains the public record.

(3)(a) The public body may establish fees reasonably calculated to reimburse [it] the public body for [its] the public body’s actual cost [in] of making [such] public records available, including costs for summarizing, compiling or tailoring [such record] the public records, either in organization or media, to meet the person’s request. [However,]

(b) The public body may include in a fee established under paragraph (a) of this subsection the cost of time spent by an attorney for the public body in reviewing the public records, redacting material from the public records or segregating the public records into exempt and nonexempt records. The public body may not include in a fee established under paragraph (a) of this subsection the cost of time spent by an attorney for the public body in determining the application of the provisions of ORS 192.410 to 192.505.

(c) The public body may not establish a fee greater than $25 under this section unless the public body first provides the requestor with a written notification of the estimated amount of the fee and the requestor confirms that the requestor wants the public body to proceed with making the public record available.

(d) Notwithstanding paragraphs (a) to (c) of this subsection, when the public records are those filed with the Secretary of State under ORS chapter 79 or ORS 80.100 to 80.130, the fees for furnishing copies, summaries or compilations of [such] the public records are those established by the Secretary of State by rule, under ORS chapter 79 or ORS 80.100 to 80.130.

(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 2. The amendments to ORS 192.440 by section 1 of this 2005 Act apply to requests for public records made on or after the effective date of this 2005 Act.

Approved by the Governor June 20, 2005

Filed in the office of Secretary of State June 21, 2005

Effective date January 1, 2006

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