74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1609
House Bill 2920
Sponsored by Representative BUCKLEY
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 state agencies to disclose public records in
electronic form in certain circumstances and, when practicable,
in open formats for which freeware is available.
Requires State Library, depository libraries and public
libraries to install and maintain freeware so that members of
public can view, print and make copies of public documents, if in
doing so library does not incur additional administrative or
operational expense.
A BILL FOR AN ACT
Relating to public records; creating new provisions; and amending
ORS 357.100 and 357.105.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2007 Act is added to and made
a part of ORS chapter 192. + }
SECTION 2. { + (1) As used in this section:
(a) 'Electronic form' means a record stored or embodied
digitally and in such a way that a computer or another electronic
device of a similar or related nature is required to display,
read, print, store, manipulate or otherwise interact with the
record.
(b) 'Freeware' means computer software made available or
distributed to the public for use free of charge for an unlimited
time.
(c) 'Open format' means a specification published or otherwise
made available that is:
(A) Free of legal or technical restrictions on the
specification's use for encoding, displaying, reading, printing
or storing information or data in electronic form;
(B) Free from a requirement to pay royalties or other forms of
compensation for use of the specification;
(C) Developed or updated by more than one independent software
provider in a well-defined, inclusive process; and
(D) Controlled or guided by the specification's author or a
standards organization including, but not limited to, the
American National Standards Institute, the International
Organization for Standardization and the Organization for the
Advancement of Structured Information Standards.
(d) 'Proprietary format' means a specification subject to legal
or technical restrictions on the specification's use for
encoding, displaying, reading, printing or storing information or
data in electronic form.
(e) 'Public record' has the meaning given that term in ORS
192.410.
(f) 'State agency' has the meaning given that term in ORS
192.410.
(2) A state agency shall disclose a public record under ORS
192.410 to 192.505 in electronic form if:
(a) The state agency originally made, received, filed or
recorded the record in electronic form; or
(b) The state agency, in accordance with ORS 192.050, captured
the record in or converted the record to electronic form.
(3) A state agency, in disclosing or making available copies of
public records in accordance with subsection (2) of this section,
shall to the extent practicable and in accordance with rules that
the Secretary of State adopts:
(a) Disclose or make copies of the record available in an open
format for which freeware is available or for which another
method exists by means of which the person requesting the record
may display, read, print, manipulate or otherwise interact with
the information embodied in the record free of charge.
(b) Disclose or make copies of the record available in a
proprietary format only if no open format exists for the record
that provides equivalent capabilities for displaying, reading,
printing, manipulating or otherwise interacting with the
information or data embodied in the record.
(4) A state agency that captures or converts a public record to
electronic form in response to a request for disclosure of or a
copy of the record in electronic form shall perform the capture
or conversion within five business days. Thereafter the state
agency shall maintain the public record in electronic form
alongside or in lieu of the record in the record's previous form.
(5) The Secretary of State, in the secretary's capacity as
public records administrator, shall encourage and, where
practicable, by rule require state agencies to store, maintain
and make available copies of public records in electronic form
using open formats. The secretary by rule may set standards and
preferences for the use of open formats to encourage uniformity
among state agencies and, where different open formats exist that
serve the same purpose, shall prefer the open format for which
the widest selection of freeware is available for use by the
public. + }
SECTION 3. 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.
{ + (4)(a) The State Library shall install and maintain
freeware on computers designated for use by the public so that
members of the public may view, print and save copies of public
documents available in electronic form.
(b) The State Library must comply with paragraph (a) of this
subsection only if in doing so the State Library does not incur
additional administrative or operational expense.
(c) For purposes of this section, 'freeware' has the meaning
given that term in section 1 of this 2007 Act. + }
SECTION 4. ORS 357.105 is amended to read:
357.105. { + (1) + } Depository libraries shall make available
for free access by all persons the public documents made
available to them by the State Librarian under ORS 357.090 to
357.100.
{ + (2)(a) Depository libraries shall install and maintain
freeware on computers designated for use by the public so that
members of the public may view, print and save copies of public
documents available in electronic form.
(b) A depository library must comply with paragraph (a) of this
subsection only if in doing so the depository library does not
incur additional administrative or operational expense.
(c) For purposes of this section, 'freeware' has the meaning
given that term in section 1 of this 2007 Act. + }
SECTION 5. { + Section 6 of this 2007 Act is added to and made
a part of ORS 357.400 to 357.621. + }
SECTION 6. { + (1) A public library operating under authority
granted under ORS 357.400 to 357.621 shall install and maintain
freeware on computers designated for use by the public so that
members of the public may view, print and save copies of public
documents available in electronic form.
(2) A public library must comply with subsection (1) of this
section only if in doing so the public library does not incur
additional administrative or operational expense.
(3) For purposes of this section, 'public document' has the
meaning given that term in ORS 357.004 and 'freeware' has the
meaning given that term in section 1 of this 2007 Act. + }
SECTION 7. { + Sections 2 and 6 of this 2007 Act and the
amendments to ORS 357.100 and 357.105 by sections 3 and 4 of this
2007 Act apply to all state agencies, the State Library, all
depository libraries, all public libraries operating under
authority of ORS 357.400 to 357.621 and all disclosures or copies
of public records made on or after the effective date of this
2007 Act. + }
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