76th OREGON LEGISLATIVE ASSEMBLY--2011 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 865
Senate Bill 41
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Attorney General John
Kroger for Department of Justice)
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.
Establishes deadlines by which public bodies must respond to
public records requests. Provides exceptions. Delays application
of deadlines to local governments until July 1, 2013. Provides
exceptions.
Limits amount of fees public bodies may charge for responding
to public records requests. Provides exceptions.
Establishes jurisdiction of Attorney General to hear petitions
for review of public records in custody of elected officials by
persons denied right to inspect records.
Requires Attorney General to develop training materials on
public records.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to public records; creating new provisions; amending ORS
21.020, 147.421, 166.274, 181.560, 192.410, 192.440, 192.450,
192.460, 192.465, 192.490, 192.650, 287A.350, 305.493, 646.473,
657.732, 657.734 and 802.183; repealing ORS 192.480; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 192.410 is amended to read:
192.410. As used in ORS 192.410 to 192.505:
(1) 'Custodian' means:
(a) The person described in ORS 7.110 for purposes of court
records; or
(b) A public body mandated, directly or indirectly, to create,
maintain, care for or control a public record. ' Custodian' does
not include a public body that has custody of a public record as
an agent of another public body that is the custodian unless the
public record is not otherwise available.
{ + (2) 'Local government' means every public body that is
not a state agency. + }
{ - (2) - } { + (3) + } 'Person' includes any natural
person, corporation, partnership, firm, association or member or
committee of the Legislative Assembly.
{ - (3) - } { + (4) + } 'Public body' includes every state
officer, agency, department, division, bureau, board and
commission; every county and city governing body, school
district, special district, municipal corporation, and any board,
department, commission, council, or agency thereof; and any other
public agency of this state.
{ - (4)(a) - } { + (5)(a) + } 'Public record' includes any
writing that contains information relating to the conduct of the
public's business, including but not limited to court records,
mortgages, and deed records, prepared, owned, used or retained by
a public body regardless of physical form or characteristics.
(b) 'Public record' does not include any writing that does not
relate to the conduct of the public's business and that is
contained on a privately owned computer.
{ - (5) - } { + (6) + } 'State agency' means any state
officer, { + agency, + } department, { + division, bureau, + }
board, commission or court created by the Constitution or
statutes of this state but does not include the Legislative
Assembly or its members, committees, officers or employees
insofar as they are exempt under section 9, Article IV of the
Oregon Constitution.
{ - (6) - } { + (7) + } 'Writing' means handwriting,
typewriting, printing, photographing and every means of
recording, including letters, words, pictures, sounds, or
symbols, or combination thereof, and all papers, maps, files,
facsimiles or electronic recordings.
SECTION 2. 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 - } { + is
not subject to exemption from disclosure under ORS 192.410 to
192.505 shall provide + }, upon request:
{ - (a) A copy of the public record if the public record is
of a nature permitting copying; or - }
{ - (b) - } { + (a) + } A reasonable opportunity to inspect
or copy the public record { - . - } { + ; or
(b) A copy of the public record, in the physical or electronic
format requested, if the copy can reasonably be created using the
public body's existing resources. If an electronic copy is
requested in a format that cannot reasonably be created using the
existing resources of the public body, the custodian shall make
the public record available in the form in which the custodian
maintains 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. - }
{ - (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. - }
{ - (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. - }
{ - (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. - }
{ - (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. - }
{ - (8) - } { + (2) + } 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 3. { + Upon receipt of a written request to inspect or
receive copies of records, a state agency shall:
(1) As soon as practicable, and within 10 working days of
receipt of the request, provide an estimate of any fee over $25
that the state agency will charge in connection with the request.
The estimate shall be calculated in a manner consistent with the
requirements of section 20 of this 2011 Act, and shall be based
on the information available to the state agency at the time of
the estimate.
(2) Except as provided by subsection (3) of this section or by
sections 6 or 9 of this 2011 Act, provide the requester with one
of the following responses within 10 working days of receiving
the request:
(a) A response that complies with section 14 of this 2011 Act;
or
(b) Notice that the state agency is extending the deadline for
providing a response under paragraph (a) of this subsection for a
period not to exceed an additional 10 working days, followed by a
response that complies with section 14 of this 2011 Act within
the additional time period stated in the notice.
(3)(a) Notwithstanding subsection (2) of this section, if a
state agency determines that it is unable to comply with the
deadlines imposed by subsection (2) of this section, the state
agency may ask the Attorney General to authorize additional time
to provide a response that complies with section 14 of this 2011
Act. A state agency must make this request at least two working
days before the expiration of the applicable deadline established
by subsection (2) of this section, including any extension
noticed by the state agency.
(b) The Attorney General shall reply to the request within two
working days, one of which shall not be counted against the
deadline established by subsection (2) of this section. The
Attorney General shall grant a request for additional time under
this subsection only if the Attorney General is satisfied that
responding to the request within the time otherwise permitted
would place a significant burden on the state agency. If the
Attorney General grants the request, the Attorney General shall
notify the state agency and the requester in writing, and shall
allow only such additional time as the Attorney General
determines is reasonably necessary to respond to the request.
(c) After a request for additional time is granted, the state
agency shall thereafter provide a response that complies with
section 14 of this 2011 Act within the time allowed by the
Attorney General. + }
SECTION 4. Section 3 of this 2011 Act is amended to read:
{ + Sec. 3. + } Upon receipt of a written request to inspect
or receive copies of records, a { - state agency - } { +
public body + } shall:
(1) As soon as practicable, and within 10 working days of
receipt of the request, provide an estimate of any fee over $25
that the { - state agency - } { + public body + } will charge
in connection with the request. The estimate shall be calculated
in a manner consistent with the requirements of section 20 of
this 2011 Act, and shall be based on the information available to
the { - state agency - } { + public body + } at the time of
the estimate.
(2) Except as provided by subsection (3) of this section or by
sections 6 or 9 of this 2011 Act, provide the requester with one
of the following responses within 10 working days of receiving
the request:
(a) A response that complies with section 14 of this 2011 Act;
or
(b) Notice that the { - state agency - } { + public
body + } is extending the deadline for providing a response under
paragraph (a) of this subsection for a period not to exceed an
additional 10 working days, followed by a response that complies
with section 14 of this 2011 Act within the additional time
period stated in the notice.
(3)(a) Notwithstanding subsection (2) of this section, if a
state agency determines that it is unable to comply with the
deadlines imposed by subsection (2) of this section, the state
agency may ask the Attorney General to authorize additional time
to provide a response that complies with section 14 of this 2011
Act. A state agency must make this request at least two working
days before the expiration of the applicable deadline established
by subsection (2) of this section, including any extension
noticed by the state agency.
(b) The Attorney General shall reply to the request within two
working days, one of which shall not be counted against the
deadline established by subsection (2) of this section. The
Attorney General shall grant a request for additional time under
this subsection only if the Attorney General is satisfied that
responding to the request within the time otherwise permitted
would place a significant burden on the state agency. If the
Attorney General grants the request, the Attorney General shall
notify the state agency and the requester in writing, and shall
allow only such additional time as the Attorney General
determines is reasonably necessary to respond to the request.
(c) After a request for additional time is granted, the state
agency shall thereafter provide a response that complies with
section 14 of this 2011 Act within the time allowed by the
Attorney General.
{ + (4)(a) Notwithstanding subsection (2) of this section, if
a local government determines that it is unable to comply with
the deadlines imposed by subsection (2) of this section, the
local government may ask the district attorney in the county
where the local government is located to authorize additional
time to provide a response that complies with section 14 of this
2011 Act. If the local government is located in more than one
county, the local government may ask the district attorney in the
county where the administrative offices of the local government
are located to authorize additional time to provide a response
that complies with section 14 of this 2011 Act.
(b) A request under paragraph (a) of this subsection shall be
considered by the district attorney in the same manner as the
Attorney General is required to consider a request from a state
agency under subsection (3) of this section, and shall have the
same consequences as described in that subsection. + }
SECTION 5. { + The amendments to section 3 of this 2011 Act by
section 4 of this 2011 Act become operative July 1, 2013. + }
SECTION 6. { + (1) If a public records request is made for
purposes related to actual or likely litigation or administrative
proceedings, and is made by or on behalf of a person who is or
expects to be a participant, then notwithstanding the deadlines
established by section 3 (2) of this 2011 Act, a state agency:
(a) In the case of actual or likely litigation:
(A) In which the request is made at least 30 working days prior
to the close of discovery, shall provide a response that complies
with section 14 of this 2011 Act on a schedule consistent with
the schedule for discovery established in the litigation; or
(B) If the request is made less than 30 working days before the
close of discovery, may elect to not provide a response. If the
state agency elects to not provide a response, the requester may
resubmit the request following the conclusion of litigation. If
the request is so resubmitted, the state agency shall provide a
response that complies with section 14 of this 2011 Act within an
amount of time that is reasonable under the circumstances.
(b) In the case of actual or likely administrative proceedings:
(A) Shall provide a response that complies with section 14 of
this 2011 Act on a schedule reasonably calculated to provide the
requester with access to the documents at least five working days
prior to any deadline for submitting materials that will bear on
a state agency's consideration of the substance of the matter; or
(B) May elect to not provide a response, if the request is
received more than five working days after notice of a deadline
described in subparagraph (A) of this subsection and less than
twenty working days prior to the deadline. If the state agency
elects to not provide a response, a requester may resubmit the
request following the conclusion of the administrative
proceedings. If the request is resubmitted, the state agency
shall provide a response that complies with section 14 of this
2011 Act within an amount of time that is reasonable under the
circumstances.
(2) Any person making a request that triggers a state agency's
authority to proceed under this section shall inform the state
agency of the purpose of the request.
(3) A state agency electing to proceed under this section must
inform the requester of the state agency's election within 10
working days of receiving the request or within 10 working days
of receiving notice of the purpose of the request, whichever is
later. A state agency that fails to comply with this requirement
is subject to the deadlines of section 3 (2) of this 2011
Act. + }
SECTION 7. Section 6 of this 2011 Act is amended to read:
{ + Sec. 6. + } (1) If a public records request is made for
purposes related to actual or likely litigation or administrative
proceedings, and is made by or on behalf of a person who is or
expects to be a participant, then notwithstanding the deadlines
established by section 3 (2) of this 2011 Act, a { - state
agency - } { + public body + }:
(a) In the case of actual or likely litigation:
(A) In which the request is made at least 30 working days prior
to the close of discovery, shall provide a response that complies
with section 14 of this 2011 Act on a schedule consistent with
the schedule for discovery established in the litigation; or
(B) If the request is made less than 30 working days before the
close of discovery, may elect to not provide a response. If the
{ - state agency - } { + public body + } elects to not provide
a response, the requester may resubmit the request following the
conclusion of litigation. If the request is so resubmitted, the
{ - state agency - } { + public body + } shall provide a
response that complies with section 14 of this 2011 Act within an
amount of time that is reasonable under the circumstances.
(b) In the case of actual or likely administrative proceedings:
(A) Shall provide a response that complies with section 14 of
this 2011 Act on a schedule reasonably calculated to provide the
requester with access to the documents at least five working days
prior to any deadline for submitting materials that will bear on
{ - a state agency's - } { + a public body's + }
consideration of the substance of the matter; or
(B) May elect to not provide a response, if the request is
received more than five working days after notice of a deadline
described in subparagraph (A) of this subsection and less than
twenty working days prior to the deadline. If the { - state
agency - } { + public body + } elects to not provide a
response, a requester may resubmit the request following the
conclusion of the administrative proceedings. If the request is
resubmitted, the
{ - state agency - } { + public body + } shall provide a
response that complies with section 14 of this 2011 Act within an
amount of time that is reasonable under the circumstances.
(2) Any person making a request that triggers a { - state
agency's - } { + public body's + } authority to proceed under
this section shall inform the { - state agency - } { + public
body + } of the purpose of the request.
(3) A { - state agency - } { + public body + } electing to
proceed under this section must inform the requester of the
{ - state agency's - } { + public body's + } election within
10 working days of receiving the request or within 10 working
days of receiving notice of the purpose of the request, whichever
is later. A { - state agency - } { + public body + } that
fails to comply with this requirement is subject to the deadlines
of section 3 (2) of this 2011 Act.
SECTION 8. { + The amendments to section 6 of this 2011 Act by
section 7 of this 2011 Act become operative July 1, 2013. + }
SECTION 9. { + (1) If a public records request is made for a
commercial or business purpose other than disseminating the
information to the general public, then notwithstanding the
deadlines established by section 3 (2) of this 2011 Act, a state
agency may elect to provide a response that complies with section
14 of this 2011 Act within an amount of time that is reasonable
under the circumstances.
(2) Any person making a request that triggers the authority of
a state agency to proceed under this section shall inform the
state agency of the purpose of the request.
(3) A state agency electing to proceed under this section must
inform the requester of the state agency's election within 10
working days of receiving the request or within 10 working days
of receiving notice of the purpose of the request, whichever is
later. A state agency that fails to comply with this requirement
is subject to the deadlines of section 3 (2) of this 2011
Act. + }
SECTION 10. Section 9 of this 2011 Act is amended to read:
{ + Sec. 9. + } (1) If a public records request is made for a
commercial or business purpose other than disseminating the
information to the general public, then notwithstanding the
deadlines established by section 3 (2) of this 2011 Act, a
{ - state agency - } { + public body + } may elect to provide
a response that complies with section 14 of this 2011 Act within
an amount of time that is reasonable under the circumstances.
(2) Any person making a request that triggers the authority of
a { - state agency - } { + public body + } to proceed under
this section shall inform the { - state agency - } { + public
body + } of the purpose of the request.
(3) A { - state agency - } { + public body + }electing to
proceed under this section must inform the requester of the
{ - state agency's - } { + public body's + } election within 10
working days of receiving the request or within 10 working days
of receiving notice of the purpose of the request, whichever is
later. A { - state agency - } { + public body + }that fails
to comply with this requirement is subject to the deadlines of
section 3 (2) of this 2011 Act.
SECTION 11. { + The amendments to section 9 of this 2011 Act
by section 10 of this 2011 Act become operative July 1, 2013. + }
SECTION 12. { + (1) For purposes of sections 3, 6 and 9 of
this 2011 Act, a request is considered received on the first
working day following the date when it is received at the address
designated by the public body under the policy required by
section 26 of this 2011 Act.
(2) In calculating compliance with deadlines established by
section 3, 6 or 9 of this 2011 Act, the following periods of time
may not be counted:
(a) The time from a public body's request for clarification,
beginning with and including the day on which the request for
clarification is delivered, through the working day after which
clarification is provided; and
(b) The time from delivery of a public body's estimate of a fee
in excess of $25, beginning with and including the day on which
the estimate is delivered, through the first working day
following the date on which:
(A) The fee is fully waived, either by the public body
voluntarily or through a final, unappealed order requiring the
public body to waive the fee;
(B) The requester agrees to pay the fee; or
(C) If the fee exceeds $150 and the public body requires
prepayment of the fee, the public body receives prepayment of the
fee. + }
SECTION 13. { + Within two working days of receiving a written
request to inspect or receive copies of public records, a public
body shall provide the requester with a written acknowledgment of
receipt of the request. An acknowledgment under this section must
include each of the following that apply under the circumstances,
to the extent known by the person sending the acknowledgment at
the time the acknowledgment is sent:
(1) A statement that the public body does not possess, or is
not the custodian of, a requested record.
(2) A statement that the public body is the custodian of a
requested record.
(3) A statement that the public body is uncertain whether the
public body is the custodian of a requested record.
(4) 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
subsection must include a citation to the state or federal law
relied upon by the public body. + }
SECTION 14. { + A public body has responded to a request to
inspect or receive a copy of a public record when it has provided
the requester with each of the following that applies:
(1) A copy of any requested public record, or information from
within a public record segregated in accordance with ORS 192.505,
that the public body does not assert is exempt from disclosure.
If inspection has been requested, then in lieu of a copy, the
public body shall provide a statement that the public record is
available for inspection beginning no later than the next working
day. The location for inspection shall be either:
(a) The location where the public body generally keeps the
record or a copy of the record; or
(b) At the option of the public body, a location that is more
convenient to the requester.
(2) If the public body withholds any requested information or
records on the basis of an exemption from disclosure under ORS
192.410 to 192.505, a statement indicating that fact and
identifying any exemptions relied upon by the public body. A
statement under this subsection must include a general
description of the nature and amount of the records or
information withheld, but need not provide a precise count of
documents or pages or a detailed description of the material
withheld.
(3) If the public body asserts that state or federal law
prohibits the public body from acknowledging whether a requested
record exists, or that acknowledging whether a requested record
exists would result in the loss of federal benefits or other
sanction, a statement of that fact that includes a citation to
the state or federal law relied upon by the public body.
(4) A statement that a requested record does not exist or that
the public body is not the custodian of a requested record. + }
SECTION 15. { + The failure of a state agency to provide a
response that complies with section 14 of this 2011 Act within
the time period prescribed by section 3, 6 or 9 of this 2011 Act,
as applicable to the particular request, shall be deemed a denial
of the request and the requester may petition for review of the
denial as provided in ORS 192.450. + }
SECTION 16. Section 15 of this 2011 Act is amended to read:
{ + Sec. 15. + } The failure of a { - state agency - }
{ + public body + } to provide a response that complies with
section 14 of this 2011 Act within the time period prescribed by
section 3, 6 or 9 of this 2011 Act, as applicable to the
particular request, shall be deemed a denial of the request and
the requester may petition for review of the denial as provided
in ORS 192.450 { + or 192.460 + }.
SECTION 17. { + The amendments to section 15 of this 2011 Act
by section 16 of this 2011 Act become operative July 1, 2013. + }
SECTION 18. { + A local government that receives a request to
inspect or receive a copy of a public record shall provide a
response that complies with section 14 of this 2011 Act within a
reasonable time. + }
SECTION 19. { + Section 18 of this 2011 Act is repealed on
July 1, 2013. + }
SECTION 20. { + (1) Subject to subsection (2) of this section,
a state agency that receives a request to inspect or receive a
copy of a public record may establish fees reasonably calculated
to reimburse the state agency for the actual cost of staff time
necessarily incurred in responding to the request and the actual
costs of paper, electronic storage media or other materials
requested by and provided to the requester.
(2) A state agency may not charge for staff time under
subsection (1) of this section at a rate that would exceed three
times the minimum wage in effect under ORS 653.025 at the time
the request is made.
(3) A state agency may include in fees charged under this
section the cost of time spent by an attorney for the state
agency in reviewing the public records, redacting material from
the public records or segregating the public records into exempt
and nonexempt records. A state agency may not include in a fee
established under this section the cost of time spent by an
attorney for the state agency in determining the application of
ORS 192.410 to 192.505. Fees under this subsection are not
subject to limitation under subsection (2) of this section.
(4) Notwithstanding subsections (1) to (3) of this section, a
state agency may charge fees reasonably calculated to recover the
actual costs of responding to a public records request if the
request is one described in section 6 or 9 of this 2011 Act.
(5) Notwithstanding any other provision of ORS 192.410 to
192.505, a state agency need not respond to a public records
request made by a requester with an unpaid balance resulting from
previous public records requests except to inform the requester
that the state agency will not respond due to the unpaid balance
and that the requester may resubmit the request once the
outstanding balance is paid.
(6) Notwithstanding subsections (1) to (5) of this section,
when the public records are those filed with the Secretary of
State under ORS 80.100 to 80.130 or ORS chapter 79, the fees for
furnishing copies, summaries or compilations of the public
records are those established by the Secretary of State by rule
under ORS 80.100 to 80.130 or ORS chapter 79. + }
SECTION 21. Section 20 of this 2011 Act is amended to read:
{ + Sec. 20. + } (1) Subject to subsection (2) of this
section, a
{ - state agency - } { + public body + } that receives a
request to inspect or receive a copy of a public record may
establish fees reasonably calculated to reimburse the { - state
agency - } { + public body + }for the actual cost of staff
time necessarily incurred in responding to the request and the
actual costs of paper, electronic storage media or other
materials requested by and provided to the requester.
(2) A { - state agency - } { + public body + }may not
charge for staff time under subsection (1) of this section at a
rate that would exceed three times the minimum wage in effect
under ORS 653.025 at the time the request is made.
(3) A { - state agency - } { + public body + }may include
in fees charged under this section the cost of time spent by an
attorney for the
{ - state agency - } { + public body + } in reviewing the
public records, redacting material from the public records or
segregating the public records into exempt and nonexempt records.
A { - state agency - } { + public body + }may not include in
a fee established under this section the cost of time spent by an
attorney for the { - state agency - } { + public body + }in
determining the application of ORS 192.410 to 192.505. Fees under
this subsection are not subject to the limitation of subsection
(2) of this section.
(4) Notwithstanding subsections (1) to (3) of this section, a
{ - state agency - } { + public body + }may charge fees
reasonably calculated to recover the actual costs of responding
to a public records request if the request is one described in
section 6 or 9 of this 2011 Act.
(5) Notwithstanding any other provision of ORS 192.410 to
192.505, a { - state agency - } { + public body + }need not
respond to a public records request made by a requester with an
unpaid balance resulting from previous public records requests
except to inform the requester that the { - state agency - }
{ + public body + }will not respond due to the unpaid balance
and that the requester may resubmit the request once the
outstanding balance is paid.
(6) Notwithstanding subsections (1) to (5) of this section,
when the public records are those filed with the Secretary of
State under ORS 80.100 to 80.130 or ORS chapter 79, the fees for
furnishing copies, summaries or compilations of the public
records are those established by the Secretary of State by rule
under ORS 80.100 to 80.130 or ORS chapter 79.
SECTION 22. { + The amendments to section 20 of this 2011 Act
by section 21 of this 2011 Act become operative July 1, 2013. + }
SECTION 23. { + (1) A local government that receives a request
to inspect or receive a copy of a public record may establish
fees reasonably calculated to reimburse the local government for
the actual cost incurred by the local government in making public
records available, including costs for summarizing, compiling or
tailoring the public records, either in organization or media, to
meet the request.
(2) A local government may include in a fee established under
subsection (1) of this section the cost of time spent by an
attorney for the local government in reviewing the public
records, redacting material from the public records or
segregating the public records into exempt and nonexempt records.
The local government may not include in a fee established under
subsection (1) of this section the cost of time spent by an
attorney for the local government in determining the application
of the provisions of ORS 192.410 to 192.505.
(3) A local government may not establish a fee greater than $25
under this section unless the local government first provides the
requester with a written notification of the estimated amount of
the fee and the requester confirms that the requester wants the
local government to proceed with making the public record
available. + }
SECTION 24. { + Section 23 of this 2011 Act is repealed on
July 1, 2013. + }
SECTION 25. { + (1) 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.
(2) A person that 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, district attorney or
court have the same authority in instances when a fee waiver or
reduction is denied as the Attorney General, district attorney or
court have when inspection of a public record is denied. + }
SECTION 26. { + A public body shall make available to the
public a written procedure for making public records requests
that includes:
(1) The name of one or more persons to whom public records
requests may be sent, with addresses; and
(2) Subject to section 20 of this 2011 Act, the amounts of and
the manner of calculating fees that the public body charges for
responding to requests for public records. + }
SECTION 27. { + (1) When a public body receives a request to
inspect or receive a copy of a public record under ORS 192.410 to
192.505, the public body, in order to assist the person in making
a focused and effective request that reasonably describes
identifiable public records, shall to the extent reasonable under
the circumstances:
(a) Assist the person in identifying public records that are
responsive to the request or to the purpose of the request, if
known by the public body; and
(b) Provide suggestions to the person for obtaining the
information the requester is seeking in the most convenient and
cost-effective manner.
(2) This section does not apply to requests described in
sections 6 or 9 of this 2011 Act. + }
SECTION 28. { + (1) Except in cases where the law specifically
creates a right of action based on the disclosure of particular
information or records, a state agency or an official, volunteer,
employee or agent of a state agency may not be liable to any
person as the result of a disclosure made in a good faith attempt
to comply with ORS 192.410 to 192.505.
(2) If a state agency inadvertently discloses records that are
privileged under ORS 40.225 to 40.295, the inadvertent disclosure
does not constitute a waiver of the privilege if:
(a) A large volume of nonprivileged records are disclosed in
response to the same request for disclosure; and
(b) A more careful search to identify privileged materials
would have created a significant obstacle to disclosure of
nonprivileged records.
(3) Subsection (2) of this section may not be construed to
prevent a state agency from reviewing requested documents in a
manner calculated to avoid the disclosure of privileged
materials. + }
SECTION 29. Section 28 of this 2011 Act is amended to read:
{ + Sec. 28. + } (1) Except in cases where the law
specifically creates a right of action based on the disclosure of
particular information or records, a { - state agency - } { +
public body + } or an official, volunteer, employee or agent of a
{ - state agency - } { + public body + } may not be liable to
any person as the result of a disclosure made in a good faith
attempt to comply with ORS 192.410 to 192.505.
(2) If a { - state agency - } { + public body + }
inadvertently discloses records that are privileged under ORS
40.225 to 40.295, the inadvertent disclosure does not constitute
a waiver of the privilege if:
(a) A large volume of nonprivileged records are disclosed in
response to the same request for disclosure; and
(b) A more careful search to identify privileged materials
would have created a significant obstacle to disclosure of
nonprivileged records.
(3) Subsection (2) of this section may not be construed to
prevent a { - state agency - } { + public body + } from
reviewing requested documents in a manner calculated to avoid the
disclosure of privileged materials.
SECTION 30. { + The amendments to section 28 of this 2011 Act
by section 29 of this 2011 Act become operative on July 1,
2013. + }
SECTION 31. { + The Attorney General shall develop training
materials designed to generally educate public employees with
respect to the requirements of ORS 192.410 to 192.505, and make
those materials freely available on the Attorney General's
website. + }
SECTION 32. ORS 192.450 is amended to read:
192.450. (1) Subject to { - ORS 192.480 and - } subsection
(4) of this section, any person denied the right to inspect or to
receive a copy of any public record of a state agency may
petition the Attorney General to review the public record to
determine if it may be withheld from public inspection. Except as
provided in subsection (5) of this section, the burden is on the
agency to sustain its action. Except as provided in subsection
(5) of this section, the Attorney General shall issue an order
denying or granting the petition, or denying it in part and
granting it in part, within seven days from the day the Attorney
General receives the petition.
(2) If the Attorney General grants the petition and orders the
state agency to disclose the record, or if the Attorney General
grants the petition in part and orders the state agency to
disclose a portion of the record, the state agency shall comply
with the order in full within seven days after issuance of the
order, unless within the seven-day period it issues a notice of
its intention to institute proceedings for injunctive or
declaratory relief in the Circuit Court for Marion County or, as
provided in subsection (6) of this section, in the circuit court
of the county where the record is held. Copies of the notice
shall be sent to the Attorney General and by certified mail to
the petitioner at the address shown on the petition. The state
agency shall institute the proceedings within seven days after it
issues its notice of intention to do so. If the Attorney General
denies the petition in whole or in part, or if the state agency
continues to withhold the record or a part of it notwithstanding
an order to disclose by the Attorney General, the person seeking
disclosure may institute such proceedings.
(3) The Attorney General shall serve as counsel for the state
agency in a suit filed under subsection (2) of this section if
the suit arises out of a determination by the Attorney General
that the public record should not be disclosed, or that a part of
the public record should not be disclosed if the state agency has
fully complied with the order of the Attorney General requiring
disclosure of another part or parts of the public record, and in
no other case. In any case in which the Attorney General is
prohibited from serving as counsel for the state agency, the
agency may retain special counsel.
(4) A person denied the right to inspect or to receive a copy
of any public record of a health professional regulatory board,
as defined in ORS 676.160, that contains information concerning a
licensee or applicant, and petitioning the Attorney General to
review the public record shall, on or before the date of filing
the petition with the Attorney General, send a copy of the
petition by first class mail to the health professional
regulatory board. Not more than 48 hours after the board receives
a copy of the petition, the board shall send a copy of the
petition by first class mail to the licensee or applicant who is
the subject of any record for which disclosure is sought. When
sending a copy of the petition to the licensee or applicant, the
board shall include a notice informing the licensee or applicant
that a written response by the licensee or applicant may be filed
with the Attorney General not later than seven days after the
date that the notice was sent by the board. Immediately upon
receipt of any written response from the licensee or applicant,
the Attorney General shall send a copy of the response to the
petitioner by first class mail.
(5) The person seeking disclosure of a public record of a
health professional regulatory board, as defined in ORS 676.160,
that is confidential or exempt from disclosure under ORS 676.165
or 676.175, shall have the burden of demonstrating to the
Attorney General by clear and convincing evidence that the public
interest in disclosure outweighs other interests in
nondisclosure, including but not limited to the public interest
in nondisclosure. The Attorney General shall issue an order
denying or granting the petition, or denying or granting it in
part, not later than the 15th day following the day that the
Attorney General receives the petition. A copy of the Attorney
General's order granting a petition or part of a petition shall
be served by first class mail on the health professional
regulatory board, the petitioner and the licensee or applicant
who is the subject of any record ordered to be disclosed. The
health professional regulatory board shall not disclose any
record prior to the seventh day following the service of the
Attorney General's order on a licensee or applicant entitled to
receive notice under this subsection.
(6) If the Attorney General grants or denies the petition for a
record of a health professional regulatory board, as defined in
ORS 676.160, that contains information concerning a licensee or
applicant, the board, a person denied the right to inspect or
receive a copy of the record or the licensee or applicant who is
the subject of the record may institute proceedings for
injunctive or declaratory relief in the circuit court for the
county where the public record is held. The party seeking
disclosure of the record shall have the burden of demonstrating
by clear and convincing evidence that the public interest in
disclosure outweighs other interests in nondisclosure, including
but not limited to the public interest in nondisclosure.
(7) The Attorney General may comply with a request of a health
professional regulatory board to be represented by independent
counsel in any proceeding under subsection (6) of this section.
SECTION 33. ORS 192.460 is amended to read:
192.460. (1) ORS 192.450 applies to the case of a person denied
the right to inspect or to receive a copy of any public record of
a { - public body other than a state agency - } { + local
government + }, except that:
(a) The district attorney of the county in which the
{ - public body - } { + local government + } is located, or if
it is located in more than one county { + , + } the district
attorney of the county in which the administrative offices of the
{ - public body - } { + local government + } are located,
shall carry out the functions of the Attorney General;
(b) Any suit filed must be filed in the circuit court for the
county described in paragraph (a) of this subsection; and
(c) The district attorney may not serve as counsel for the
{ - public body - } { + local government + }, in the cases
permitted under ORS 192.450 (3), unless the district attorney
ordinarily serves as counsel for the { - public body - } { +
local government + }.
(2) Disclosure of a record to the district attorney in
compliance with subsection (1) of this section does not waive any
privilege or claim of privilege regarding the record or its
contents.
(3) Disclosure of a record or part of a record as ordered by
the district attorney is a compelled disclosure for purposes of
ORS 40.285.
SECTION 34. ORS 192.465 is amended to read:
192.465. (1) The failure of the Attorney General or district
attorney to issue an order under ORS 192.450 or 192.460 denying,
granting, or denying in part and granting in part a petition to
require disclosure within { - seven - } { + 10 working + }
days from the day of receipt of the petition shall be treated as
an order denying the petition for the purpose of determining
whether a person may institute proceedings for injunctive or
declaratory relief under ORS 192.450 or 192.460.
(2) The failure of an elected official to deny, grant, or deny
in part and grant in part a request to inspect or receive a copy
of a public record within { - seven - } { + 10 working + }
days from the day of receipt of the request shall be treated as a
denial of the request for the purpose of determining whether a
person may institute proceedings for injunctive or declaratory
relief under ORS 192.450 or 192.460.
SECTION 35. ORS 192.490 is amended to read:
192.490. (1) In any suit filed under ORS 192.450, 192.460
{ - , - } { + or + } 192.470 { - or 192.480 - } , the court
has jurisdiction to enjoin the public body from withholding
records and to order the production of any records improperly
withheld from the person seeking disclosure. The court shall
determine the matter de novo and the burden is on the public body
to sustain its action. The court, on its own motion, may view the
documents in controversy in camera before reaching a decision.
Any noncompliance with the order of the court may be punished as
contempt of court.
(2) Except as to causes the court considers of greater
importance, proceedings arising under ORS 192.450, 192.460
{ - , - } { + or + } 192.470 { - or 192.480 - } take
precedence on the docket over all other causes and shall be
assigned for hearing and trial at the earliest practicable date
and expedited in every way.
(3) If a person seeking the right to inspect or to receive a
copy of a public record prevails in the suit, the person shall be
awarded costs and disbursements and reasonable attorney fees at
trial and on appeal. If the person prevails in part, the court
may in its discretion award the person costs and disbursements
and reasonable attorney fees at trial and on appeal, or an
appropriate portion thereof. If the state agency failed to comply
with the Attorney General's order in full and did not issue a
notice of intention to institute proceedings pursuant to ORS
192.450 (2) within seven days after issuance of the order, or did
not institute the proceedings within seven days after issuance of
the notice, the petitioner shall be awarded costs of suit at the
trial level and reasonable attorney fees regardless of which
party instituted the suit and regardless of which party prevailed
therein.
SECTION 36. ORS 21.020 is amended to read:
21.020. (1) The State Court Administrator shall collect a fee
of $1 for affixing the seal of the court to a document.
(2) The Chief Justice of the Supreme Court by order may
establish or authorize fees for copies of records of the
appellate courts and the administrative offices of the State
Court Administrator, for services relating to those records and
for other services that the appellate courts or administrative
offices of the State Court Administrator are authorized or
required to perform for which no fees are specifically provided
by law. The fee established by the Chief Justice for paper copies
of records may not exceed 25 cents per page, except for records
for which additional services are required. If additional
services are required, fees for providing the records are subject
to { - ORS 192.440 - } { + section 20 of this 2011 Act + }.
SECTION 37. 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 - } { + fees + } for making public records available as
provided in { - ORS 192.440 (4) - } { + section 20 of this
2011 Act + }.
(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 38. ORS 166.274, as amended by section 19, chapter 826,
Oregon Laws 2009, and section 2, chapter 86, Oregon Laws 2010, is
amended to read:
166.274. (1) A person barred from possessing or purchasing a
firearm may file a petition for relief from the bar in accordance
with subsection (2) of this section if:
(a) The person is barred from possessing a firearm under ORS
166.250 (1)(c)(A) to (C) or 166.270; or
(b) The person is barred from purchasing a firearm under ORS
166.470 (1)(a) to (d) or (g).
(2) A petition for relief described in this section must be
filed in the circuit court in the petitioner's county of
residence.
(3) A person may apply once per calendar year for relief under
the provisions of this section.
(4)(a) A person petitioning for relief under this section shall
serve a copy of the petition on:
(A) The city chief of police if the court in which the petition
is filed is located in a city; or
(B) The sheriff of the county in which the court is located.
(b) The copy of the petition shall be served on the chief of
police or sheriff at the same time the petition is filed at the
court.
(5)(a) When a petition is denied, the judge shall cause that
information to be entered into the Department of State Police
computerized criminal history files.
(b) When a petition is granted, the judge shall cause that
information and a fingerprint card of the petitioner to be
entered into the Department of State Police computerized criminal
history files. If, after a petition is granted, the petitioner is
arrested and convicted of a crime that would disqualify the
petitioner from purchasing or possessing a firearm, the
Department of State Police shall notify the court that granted
relief under this section. The court shall review the order
granting relief and determine whether to rescind the order. The
Department of State Police may charge a reasonable fee { - ,
under ORS 192.440, - } for the entry and maintenance of
information under this section.
(6) Notwithstanding the provisions of ORS 9.320, a corporation,
the state or any city, county, district or other political
subdivision or public corporation in this state, without
appearance by attorney, may appear as a party to an action under
this section.
(7) If the petitioner seeks relief from the bar on possessing
or purchasing a firearm, relief shall be granted when the
petitioner demonstrates, by clear and convincing evidence, that
the petitioner does not pose a threat to the safety of the public
or the petitioner.
(8) A person barred from possessing or purchasing a firearm
because the person, while a minor, was found to be within the
jurisdiction of the juvenile court for committing an act which,
if committed by an adult, would have constituted a felony or a
misdemeanor involving violence, is not eligible to petition for
relief under this section until more than four years have passed
since the person was discharged from the jurisdiction of the
juvenile court.
(9) Petitions filed under this section shall be heard and
disposed of within 15 judicial days of filing or as soon as is
practicable thereafter, but not more than 30 days thereafter. The
judge shall then make findings and conclusions and issue a
judgment based on the findings and conclusions in accordance with
the requirements of law.
(10) Filing fees shall be as for any civil action filed in the
court.
(11)(a) Initial appeals of petitions shall be heard de novo.
(b) Any party to a judgment under this subsection may appeal to
the Court of Appeals in the same manner as for any other civil
action.
(c) If the governmental entity files an appeal under this
subsection and does not prevail, it shall be ordered to pay the
attorney fees for the prevailing party.
SECTION 39. ORS 166.274, as amended by sections 19 and 20,
chapter 826, Oregon Laws 2009, and section 3, chapter 86, Oregon
Laws 2010, is amended to read:
166.274. (1) A person barred from possessing a firearm under
ORS 166.250 (1)(c)(A) to (E) or 166.270 or barred from purchasing
a firearm under ORS 166.470 (1)(a) to (g) may file a petition for
relief from the bar in the circuit court in the petitioner's
county of residence.
(2) A person may apply once per calendar year for relief under
the provisions of this section.
(3)(a) A person petitioning for relief under this section shall
serve a copy of the petition on:
(A) The city chief of police if the court in which the petition
is filed is located in a city; or
(B) The sheriff of the county in which the court is located.
(b) The copy of the petition shall be served on the chief of
police or sheriff at the same time the petition is filed at the
court.
(4)(a) When a petition is denied, the judge shall cause that
information to be entered into the Department of State Police
computerized criminal history files.
(b) When a petition is granted, the judge shall cause that
information and a fingerprint card of the petitioner to be
entered into the Department of State Police computerized criminal
history files. If, after a petition is granted, the petitioner is
arrested and convicted of a crime that would disqualify the
petitioner from purchasing or possessing a firearm, the
Department of State Police shall notify the court that granted
relief under this section. The court shall review the order
granting relief and determine whether to rescind the order. The
Department of State Police may charge a reasonable fee { - ,
under ORS 192.440, - } for the entry and maintenance of
information under this section.
(5) Notwithstanding the provisions of ORS 9.320, a corporation,
the state or any city, county, district or other political
subdivision or public corporation in this state, without
appearance by attorney, may appear as a party to an action under
this section.
(6) If the petitioner seeks relief from the bar on possessing
or purchasing a firearm, relief shall be granted when the
petitioner demonstrates, by clear and convincing evidence, that
the petitioner does not pose a threat to the safety of the public
or the petitioner.
(7) A person barred from possessing or purchasing a firearm
because the person, while a minor, was found to be within the
jurisdiction of the juvenile court for committing an act which,
if committed by an adult, would have constituted a felony or a
misdemeanor involving violence, is not eligible to petition for
relief under this section until more than four years have passed
since the person was discharged from the jurisdiction of the
juvenile court.
(8) Petitions filed under this section shall be heard and
disposed of within 15 judicial days of filing or as soon as is
practicable thereafter, but not more than 30 days thereafter. The
judge shall then make findings and conclusions and issue a
judgment based on the findings and conclusions in accordance with
the requirements of law.
(9) Filing fees shall be as for any civil action filed in the
court.
(10)(a) Initial appeals of petitions shall be heard de novo.
(b) Any party to a judgment under this subsection may appeal to
the Court of Appeals in the same manner as for any other civil
action.
(c) If the governmental entity files an appeal under this
subsection and does not prevail, it shall be ordered to pay the
attorney fees for the prevailing party.
SECTION 40. ORS 181.560 is amended to read:
181.560. (1) When a person or agency, other than a criminal
justice agency or a law enforcement agency, pursuant to ORS
181.555 (2), requests from the Department of State Police
criminal offender information regarding an individual, if the
department's compiled criminal offender information on the
individual contains records of any conviction, or of any arrest
less than one year old on which there has been no acquittal or
dismissal, the department shall respond to the request as
follows:
(a) The department shall send prompt written notice of the
request to the individual about whom the request has been made.
The department shall address the notice to the individual's last
address known to the department and to the individual's address,
if any, supplied by the person making the request. However, the
department has no obligation to insure that the addresses are
current. The notice shall state that the department has received
a request for information concerning the individual and shall
identify the person or agency making the request. Notice to the
individual about whom the request is made shall include:
(A) A copy of all information to be supplied to the person or
agency making the request;
(B) Notice to the individual of the manner in which the
individual may become informed of the procedures adopted under
ORS 181.555 (3) for challenging inaccurate criminal offender
information; and
(C) Notice to the individual of the manner in which the
individual may become informed of rights, if any, under Title VII
of the Civil Rights Act of 1964, and notice that discrimination
by an employer on the basis of arrest records alone may violate
federal civil rights law and that the individual may obtain
further information by contacting the Bureau of Labor and
Industries.
(b) Fourteen days after sending notice to the individual about
whom the request is made, the department shall deliver to the
person or agency making the request the following information if
held regarding any convictions and any arrests less than one year
old on which the records show no acquittal or dismissal:
(A) Date of arrest.
(B) Offense for which arrest was made.
(C) Arresting agency.
(D) Court of origin.
(E) Disposition, including sentence imposed, date of parole if
any and parole revocations if any.
(c) The department shall deliver only the data authorized under
paragraph (b) of this subsection.
(d) The department shall inform the person or agency requesting
the criminal offender information that the department's response
is being furnished only on the basis of similarity of names and
description and that identification is not confirmed by
fingerprints.
(2) If the department holds no criminal offender information on
an individual, or the department's compiled criminal offender
information on the individual consists only of nonconviction
data, the department shall respond to a request under this
section that the individual has no criminal record and shall
release no further information.
(3) The department shall keep a record of all persons and
agencies making inquiries under ORS 181.555 (2) and shall keep a
record of the names of the individuals about whom such persons or
agencies are inquiring, regardless of whether the department has
compiled any criminal offender information on the individuals.
These records shall be public records and shall be available for
inspection under ORS 192.410 to 192.505.
(4) Nothing in ORS 181.066, 181.548, 181.555 or this section is
intended to prevent the department from charging a reasonable
fee, pursuant to { - ORS 192.440 - } { + section 20 of this
2011 Act + }, for responding to a criminal offender information
inquiry or for making information available under ORS 181.555 or
this section.
SECTION 41. ORS 192.650 is amended to read:
192.650. (1) The governing body of a public body shall provide
for the sound, video or digital recording or the taking of
written minutes of all its meetings. Neither a full transcript
nor a full recording of the meeting is required, except as
otherwise provided by law, but the written minutes or recording
must give a true reflection of the matters discussed at the
meeting and the views of the participants. All minutes or
recordings shall be available to the public within a reasonable
time after the meeting, and shall include at least the following
information:
(a) All members of the governing body present;
(b) All motions, proposals, resolutions, orders, ordinances and
measures proposed and their disposition;
(c) The results of all votes and, except for public bodies
consisting of more than 25 members unless requested by a member
of that body, the vote of each member by name;
(d) The substance of any discussion on any matter; and
(e) Subject to ORS 192.410 to 192.505 relating to public
records, a reference to any document discussed at the meeting.
(2) Minutes of executive sessions shall be kept in accordance
with subsection (1) of this section. However, the minutes of a
hearing held under ORS 332.061 shall contain only the material
not excluded under ORS 332.061 (2). Instead of written minutes, a
record of any executive session may be kept in the form of a
sound or video tape or digital recording, which need not be
transcribed unless otherwise provided by law. If the disclosure
of certain material is inconsistent with the purpose for which a
meeting under ORS 192.660 is authorized to be held, that material
may be excluded from disclosure. However, excluded materials are
authorized to be examined privately by a court in any legal
action and the court shall determine their admissibility.
(3) A reference in minutes or a recording to a document
discussed at a meeting of a governing body of a public body does
not affect the status of the document under ORS 192.410 to
192.505.
(4) A public body may charge a person a fee under { - ORS
192.440 - } { + section 20 of this 2011 Act + } for the
preparation of a transcript from a recording.
SECTION 42. ORS 287A.350 is amended to read:
287A.350. The records of registered bond ownership, whether
maintained by a public body or otherwise, are not public records
within the meaning of ORS 192.410 { - (4) - } .
SECTION 43. ORS 305.493 is amended to read:
305.493. (1) The judge of the tax court elected or appointed
under ORS 305.452 may establish a fee for comparing, or for
preparing and comparing, a transcript of the record. The fee
established under this subsection may not exceed the fees charged
and collected by the clerks of the circuit court.
(2)(a) The Chief Justice of the Supreme Court by order may
establish fees for copies of tax court records, for services
relating to those records and for other services that the tax
court, the clerk of the tax court or the State Court
Administrator acting as court administrator for the tax court is
authorized or required to perform.
(b) The Chief Justice may not establish:
(A) A fee for the location or inspection of court records; or
(B) A fee for a service under this subsection if the fee is
otherwise specified by statute.
(3) The fee established by the Chief Justice under subsection
(2) of this section for paper copies of records may not exceed 25
cents per page, except for records for which additional services
are required. If additional services are required, fees for
providing the records are subject to { - ORS 192.440 - } { +
section 20 of this 2011 Act + }.
SECTION 44. ORS 646.473 is amended to read:
646.473. (1) Except as provided in subsection (2) of this
section, ORS 646.461 to 646.475 supersede conflicting tort,
restitution or other law of Oregon providing civil remedies for
misappropriation of a trade secret.
(2) ORS 646.461 to 646.475 shall not affect:
(a) Contractual remedies, whether or not based upon
misappropriation of a trade secret;
(b) Other civil remedies that are not based upon
misappropriation of a trade secret;
(c) Criminal remedies, whether or not based upon
misappropriation of a trade secret; or
(d) Any defense, immunity or limitation of liability afforded
public bodies, their officers, employees or agents under ORS
30.260 to 30.300.
(3) Notwithstanding any other provision in ORS 646.461 to
646.475, public bodies and their officers, employees and agents
are immune from any claim or action for misappropriation of a
trade secret that is based on the disclosure or release of
information in obedience to or in good faith reliance on any
order of disclosure issued pursuant to ORS 192.410 to
{ - 192.490 - } { + 192.505 + } or on the advice of an
attorney authorized to advise the public body, its officers,
employees or agents.
SECTION 45. ORS 657.732 is amended to read:
657.732. (1) As used in this section, 'participating state
agency or organization' means:
(a) The Employment Department;
(b) Divisions and offices within the Department of Human
Services that have been approved by the Director of the
Employment Department, in consultation with the Education and
Workforce Policy Advisor, to participate in the Interagency
Shared Information System;
(c) The Department of Education;
(d) The Oregon University System;
(e) The Department of Community Colleges and Workforce
Development; and
(f) Other state agencies, other governmental entities or
private organizations that have applied to be participating state
agencies or organizations and have been approved by the Director
of the Employment Department, in consultation with the Education
and Workforce Policy Advisor, to participate in the Interagency
Shared Information System.
(2) There is established the Interagency Shared Information
System. The purpose of the system is to collect, analyze and
share information for the development of statistical and
demographic data to facilitate the creation of strategies for the
purpose of improving the education, training and employment
programs related to enhancing Oregon's workforce system. The
system shall share aggregate information with a participating
state agency or organization to allow the agency or organization
to develop policy, evaluate policy and plan and measure
performance for the purpose of improving the education, training
and employment programs related to enhancing Oregon's workforce
system.
(3) The Director of the Employment Department shall administer
and, in consultation with the Education and Workforce Policy
Advisor, shall oversee the development of the Interagency Shared
Information System. Participating state agencies or organizations
shall enter into an interagency or other applicable agreement
with the Director of the Employment Department, as administrator
of the system, that:
(a) Establishes protocols for the collection and sharing of
data in the system;
(b) Establishes safeguards for protecting the confidentiality
of data in the system;
(c) Includes provisions regarding informed consent for sharing
information obtained from individuals; and
(d) Provides for the sharing of costs for designing and
maintaining the system.
(4) Every participating state agency or organization shall
provide information to the Interagency Shared Information System.
Information shall be provided in a format that encodes
identifying data, including the client's Social Security number,
using a formula unique to the participating state agency or
organization that shall not be disclosed to the system.
(5) In disclosing Social Security numbers to the Interagency
Shared Information System under subsection (4) of this section,
every participating state agency or organization shall comply
with any state and federal laws that govern the collection and
use of Social Security numbers by a participating state agency or
organization and any additional requirements specified by the
director, in consultation with the Education and Workforce Policy
Advisor, that are included in the agreement entered into under
subsection (3) of this section.
(6) The information in the Interagency Shared Information
System is not a public record for purposes of ORS 192.410 to
192.505. For purposes of ORS 192.410 to 192.505, the information
submitted to the system and the information received from the
system is a public record, and the custodian of such information
is the participating state agency or organization that submits or
receives the information. If the participating state agency or
organization receiving the information is not a public body, as
defined in ORS 192.410, the Employment Department shall keep a
copy of the system information sent to that entity and shall be
the custodian of that copy for purposes of ORS 192.410 to
192.505. As custodian, the Employment Department shall limit the
disclosure of, or refuse to disclose, aggregate or summary level
information when a small number of aggregated records or some
other factor creates a reasonable risk that the identity of
individuals may be discovered or disclosed. The department shall
refer all other requests for disclosure of system information to
the public body that is the custodian of the information.
(7) The Employment Department may charge a reasonable fee
pursuant to { - ORS 192.440 - } { + section 20 of this 2011
Act + } for the disclosure of reports to individuals or state
agencies, governmental entities or private organizations that
submit data to the system and are not participating state
agencies or organizations.
(8) If a participating state agency or organization prepares or
acquires a record that is confidential under federal or state
law, including ORS 192.502 (2), the participating state agency or
organization does not violate state confidentiality laws by
providing the information described in this section to the
Interagency Shared Information System. Notwithstanding the
provisions of ORS 279C.815 (4), 279C.850 (3), 657.665 and
660.339, the Bureau of Labor and Industries, the Department of
Community Colleges and Workforce Development and the Employment
Department are authorized to provide information to the
Interagency Shared Information System.
(9) Notwithstanding the provisions of ORS 192.410 to 192.505, a
participating state agency or organization shall not allow public
access to information received from the Interagency Shared
Information System that identifies a particular individual unless
required by law. Any participating state agency or organization
shall limit the disclosure of, or refuse to disclose, aggregate
or summary level information when a small number of aggregated
records or some other factor creates a reasonable risk that the
identity of individuals may be discovered or disclosed.
(10) Any individual who, without proper authority, discloses
confidential information under this section may be disqualified
from holding any appointment or employment with the State of
Oregon. The Employment Department shall adopt by rule procedures
to prevent disclosure of confidential information submitted to
the Interagency Shared Information System.
(11) Notwithstanding subsection (4) of this section,
participating state agencies or organizations may not provide new
information to the Interagency Shared Information System after
December 31, 2003. Information in the system on and after January
1, 2004, may be accessed by participating state agencies or
organizations in accordance with this section, applicable rules
adopted by the Director of the Employment Department and any
agreements entered into under subsection (3) of this section.
SECTION 46. ORS 657.734 is amended to read:
657.734. (1) As used in this section:
(a) 'Public body' has the meaning given that term in ORS
192.410.
(b) 'System participant' means:
(A) Mandatory partners under the federal Workforce Investment
Act of 1998 (enacted as P.L. 105-220 and codified as 29 U.S.C.
2801 et seq.) and other one-stop system partners, which may
include public bodies and private organizations; and
(B) Public bodies and private organizations that have been
approved by the Director of the Employment Department, in
consultation with the Education and Workforce Policy Advisor, to
participate in the Performance Reporting Information System.
(2) There is established the Performance Reporting Information
System for the purpose of collecting, analyzing and sharing
statistical and demographic data for the development and
reporting of workforce system performance measures.
(3) The Performance Reporting Information System is intended to
share the data described in subsection (2) of this section, by
agreement, with all system participants. The Performance
Reporting Information System may not contain data submitted
exclusively for use in the Interagency Shared Information System.
(4) The Director of the Employment Department shall administer
and, in consultation with the Education and Workforce Policy
Advisor, oversee the development of the Performance Reporting
Information System. System participants shall be designated as
participants in the system by rule of the Employment Department,
in consultation with the Education and Workforce Policy Advisor.
A system participant shall enter into an interagency or other
applicable agreement with the director that:
(a) Establishes protocols for the collection and sharing of
data in the system;
(b) Establishes safeguards for protecting the confidentiality
of data in the system;
(c) Includes provisions regarding informed consent for sharing
information obtained from individuals; and
(d) Provides for the sharing of costs for developing and
maintaining the system.
(5)(a) All individual record information in the Performance
Reporting Information System is confidential and may not be
disclosed as a public record under the provisions of ORS 192.410
to 192.505. As administrator of the system, the director may view
all data or individual record information in the system. System
participants may not allow public access to information received
from the system that identifies a particular individual unless
required by law. System participants shall limit the disclosure
of, or refuse to disclose, aggregate or summary level information
when a small number of aggregated records or some other factor
creates a reasonable risk that the identity of individuals may be
discovered or disclosed.
(b) System participants shall provide information in a format
that encodes identifying data, including the client's Social
Security number, using a formula unique to the system
participant. In disclosing Social Security numbers to the
system, system participants shall comply with any state and
federal laws that govern the collection and use of Social
Security numbers by the system participant and any additional
requirements specified by the director, in consultation with the
Education and Workforce Policy Advisor, that are included in the
agreement entered into under subsection (4) of this section.
(6) The information in the Performance Reporting Information
System is not a public record for purposes of ORS 192.410 to
192.505. For purposes of ORS 192.410 to 192.505, the information
submitted to the system and the information received from the
system is a public record, and the custodian of such information
is the system participant that submits or receives the
information. If the system participant receiving the information
is not a public body, the department shall keep a copy of the
system information sent to that system participant and shall be
the custodian of that copy for purposes of ORS 192.410 to
192.505. As custodian, the department shall limit the disclosure
of, or refuse to disclose, aggregate or summary level information
when a small number of aggregated records or some other factor
creates a reasonable risk that the identity of individuals may be
discovered or disclosed. The department shall refer all other
requests for disclosure of system information to the public body
that is the custodian of the information.
(7) The department may charge a reasonable fee under { - ORS
192.440 - } { + section 20 of this 2011 Act + } for the
disclosure of reports containing only aggregate data to
individuals, public bodies or private organizations.
(8) If a system participant prepares or acquires a record that
is confidential under federal or state law, including ORS 192.502
(2), the system participant does not violate state
confidentiality laws by providing the information described in
this section to the Performance Reporting Information System.
Notwithstanding the provisions of ORS 279C.815 (4), 279C.850 (3),
657.665 and 660.339, the Bureau of Labor and Industries, the
Department of Community Colleges and Workforce Development and
the Employment Department are authorized to provide information
to the system.
(9) Any individual who, without proper authority, discloses
confidential information under this section may be disqualified
from holding any appointment or employment with the State of
Oregon. The department shall adopt by rule procedures to prevent
disclosure of confidential information submitted to the
Performance Reporting Information System.
SECTION 47. 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 (4) to (6) - } { + section 20
of this 2011 Act + }.
(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.
SECTION 48. { + Sections 3, 6, 9, 12 to 15, 18, 20, 23, 25 to
28 and 31 of this 2011 Act and ORS 192.447 and 192.493 are added
to and made a part of ORS 192.410 to 192.505. + }
SECTION 49. { + ORS 192.480 is repealed. + }
SECTION 50. { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
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