75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to A-Eng. HB 2727
 
LC 296/HB 2727-A11
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2727
 
                    By COMMITTEE ON JUDICIARY
 
                             June 8
 
  On page 1 of the printed A-engrossed bill, line 3, after '
166.291' insert ', 192.480'.
  On page 11, after line 6, insert:
  '  { +  SECTION 3. + }  { + A person denied the right to
inspect or to receive a copy of a public record under ORS 192.502
(35) may petition the Attorney General or, if the person is
denied the right to inspect or to receive a copy of a public
record under ORS 192.502 (35) by a public body other than a state
agency, the district attorney to review the public record to
determine if it may be withheld from public inspection. Review of
the petition shall be conducted in accordance with ORS 192.450 or
192.460. The provisions of ORS 192.465 (1), 192.470 and 192.490
apply to the review. + }
  '  { +  SECTION 4. + } ORS 192.480 is amended to read:
  ' 192.480.  { + Except as provided in section 3 of this 2009
Act, + } in any case in which a person is denied the right to
inspect or to receive a copy of a public record in the custody of
an elected official, or in the custody of any other person but as
to which an elected official claims the right to withhold
disclosure, no petition to require disclosure may be filed with
the Attorney General or district attorney, or if a petition is
filed it shall not be considered by the Attorney General or
district attorney after a claim of right to withhold disclosure
by an elected official. In such case a person denied the right to
inspect or to receive a copy of a public record may institute
proceedings for injunctive or declaratory relief in the
appropriate circuit court, as specified in ORS 192.450 or
192.460, and the Attorney General or district attorney may upon
request serve or decline to serve, in the discretion of the
Attorney General or district attorney, as counsel in such suit
for an elected official for which the Attorney General or
district attorney ordinarily serves as counsel. Nothing in this
section shall preclude an elected official from requesting advice
from the Attorney General or a district attorney as to whether a
public record should be disclosed.'.
  In line 7, delete '3' and insert '5'.
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