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 2481
A-Engrossed
Senate Bill 554
Ordered by the Senate April 12
Including Senate Amendments dated April 12
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
Newspaper Publishers Association)
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.
Requires public body to respond to written request for public
record as soon as practicable and without { - undue - }
{ + unreasonable + } delay. Provides that response must contain
certain information.
Requires public body to make available written procedure for
making public record requests.
A BILL FOR AN ACT
Relating to public records; amending ORS 147.421, 192.440 and
802.183.
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 that a person
has a right to inspect shall give the person, { - on demand - }
{ + upon request + }:
(a) A { - certified - } copy of the public record if the
public record is of a nature permitting copying; or
(b) A reasonable opportunity to inspect or copy the public
record.
{ + (2) If a person makes a written request to inspect a
public record or to receive a copy of a public record, the public
body receiving the request shall respond as soon as practicable
and without unreasonable delay. The public body may request
additional information or clarification from the requester for
the purpose of expediting the public body's response to the
request. The response of the public body must acknowledge receipt
of the request and must include one of the following:
(a) A statement that the public body does not possess, or is
not the custodian of, the public record.
(b) Copies of all requested public records for which the public
body does not claim an exemption from disclosure under ORS
192.410 to 192.505.
(c) A statement that the public body is the custodian of at
least some of the requested public records, an estimate of the
time the public body requires before the public records may be
inspected or copies of the records will be provided and an
estimate of the fees that the requester must pay under subsection
(4) of this section as a condition of receiving the public
records.
(d) A statement that the public body is the custodian of at
least some of the requested public records and that an estimate
of the time and fees for disclosure of the public records will be
provided by the public body within a reasonable time.
(e) A statement that the public body is uncertain whether the
public body possesses the public record and that the public body
will search for the record and make an appropriate response as
soon as practicable.
(f) A statement that state or federal law prohibits the public
body from acknowledging whether the record exists or that
acknowledging whether the record exists would result in the loss
of federal benefits or other sanction. A statement under this
paragraph must include a citation to the state or federal law
relied upon by the public body. + }
{ - (2) - } { + (3) + } If the public record is maintained
in a machine readable or electronic form, the custodian shall
provide a copy of the public record in the form requested, if
available. If the public record is not available in the form
requested, the custodian shall make the public record available
in the form in which the custodian maintains the public record.
{ - (3)(a) - } { + (4)(a) + } The public body may establish
fees reasonably calculated to reimburse the public body for the
public body's actual cost of making public records available,
including costs for summarizing, compiling or tailoring the
public records, either in organization or media, to meet the
person's request.
(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 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) - } { + (5) + } 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) - } { + (6) + } 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.
{ + (7) A public body shall make available to the public a
written procedure for making public record requests that
includes:
(a) The name of one or more persons to whom public record
requests may be sent, with addresses; and
(b) The amounts of and the manner of calculating fees that the
public body charges for responding to requests for public
records. + }
{ - (6) - } { + (8) + } 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. ORS 147.421 is amended to read:
147.421. (1) If a public body is the custodian of any of the
following information, upon the request of the victim, the public
body shall provide to the victim any of the following information
of which it is the custodian and that is about the defendant or
convicted criminal:
(a) The conviction and sentence;
(b) Criminal history;
(c) Imprisonment; and
(d) Future release from physical custody.
(2) A public body, in its discretion, may provide the requested
information by furnishing the victim with copies of public
records. The public body may charge the victim its actual cost
for making public records available as provided in ORS 192.440
{ - (3) - } { + (4) + }.
(3) As used in this section:
(a) 'Criminal history' means a description of the prior
arrests, convictions and sentences of the person.
(b) 'Future release' means the projected or scheduled date of
release of the person from confinement, the name and location of
the correctional facility from which the person is to be released
and the community where the person is scheduled to reside upon
release.
(c) 'Imprisonment' means the name and location of the
correctional facility in which the person is confined.
(d) 'Public body' has the meaning given that term in ORS
192.410.
SECTION 3. ORS 802.183 is amended to read:
802.183. (1) The Department of Transportation may establish
fees reasonably calculated to reimburse it for its actual cost in
making personal information available to a person or government
agency authorized under ORS 802.179 to obtain the information.
Fees established under this subsection are subject to the
provisions of ORS 192.440 { - (3) to (5) - } { + (4) to
(6) + }.
(2) The department may adopt rules specifying conditions that
must be met by a person or government agency requesting personal
information under ORS 802.179. Such conditions may include but
need not be limited to:
(a) Providing reasonable assurance of the identity of the
requester;
(b) Providing reasonable assurance of the uses to which the
personal information will be put, if applicable;
(c) Showing that the individual whose personal information is
to be disclosed has given permission for the disclosure, if
permission is required; and
(d) Submitting a written request for the personal information
in a form prescribed by the department.
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