SUMMARY
Establishes state policy regarding public access to government records; provides protections against liability
and privilege waivers resulting from public records disclosures; establishes timeframes for public body
responses to public records requests; requires Attorney General to maintain catalog of public records law
exemptions established by Oregon statutes.
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A BILL FOR AN ACT
Relating to public records; creating new provisions; amending ORS 192.440.
SECTION 1. (1) The Legislative Assembly finds that protecting public access to information about
government and its actions ensures the public is informed and able to meaningfully participate in
government. Access to information also enables Oregonians to ensure their public servants perform
honestly, faithfully and competently. 
  
(2) It is therefore the policy of the State of Oregon that public records are accessible to members of the
public with specific exemptions. Exemptions from public records disclosure requirements shall be
construed narrowly to favor the people’s right to know. 
  
(3) In enacting laws that make public records exempt from the disclosure requirements of this chapter,
the Legislative Assembly shall expressly identify the interests the exemption is necessary to serve and
shall ensure the exemption is no broader than necessary.
 
  

SECTION 2. (1) No public agency, public official, public employee, or custodian shall be liable,
nor shall a cause of action exist, for any loss or damage based upon the release of a public record if the
public agency, public official, public employee, or custodian acted in good faith in attempting to comply
with the disclosure requirements of this chapter.  
  
(2) Notwithstanding ORS 40.280, a public body that discloses any privileged information or record in
response to a written request for public records under this chapter does not waive its right to assert the
applicable privilege to prevent the introduction of the information or record as evidence, pursuant to
ORS 40.225 to 40.295.
 
  

SECTION 3. ORS 192.440 is amended to read as follows: (1) The custodian of any public record that a
person has a right to inspect shall give the person, upon request: 
  
(a) A 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 written request to inspect or receive a copy of a public record is received by a person identified
in the public body’s procedure described in paragraph (7)(a) of this section, the public body receiving the
request shall acknowledge receipt of the request within five business days. The acknowledgment shall
inform the requester whether the public body is or is not the custodian of the requested record, or is
uncertain whether it is the custodian of the requested record. [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
  
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 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) 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 5. (1) A public body must complete its response to any written request received by a
person identified in the public body’s procedure described in ORS 192.440(7)(a) as soon as practicable
and without unreasonable delay. 
  
(2) For purposes of this section, a public body’s response to a public records request is complete when the
public body: 
  
  
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 (a) Provides access to or copies of all requested public records within the possession or custody of the
public body that the public body does not assert are exempt from public disclosure, or explains where
they are already publicly available; 
  
(b) Asserts any exemptions from disclosure under ORS 192.501 or 192.502 that the public body believes
apply to any requested records or information, and, if the public body cites ORS 192.502(8) or (9),
identifies the state or federal law that the public body relies on;  
  
(c) Provides redacted copies of any records containing both exempt and nonexempt information as
required by ORS 192.505; 
  
(d) To the extent that the public body does not have records responsive to a request, provides a written
statement to that effect; 
  
(e) To the extent that state or federal law prohibits the public body from acknowledging whether any
requested record exists, or that acknowledging whether a requested record exists would result in the loss
of federal benefits or other sanction, provides a written statement to that effect, citing the state or federal
law relied upon by the public body, unless such a written statement would itself violate state or federal
law; and 
  
(f) If the public body is asserting any exemption from disclosure, advises the requester of the appropriate
procedure under this chapter for the review of that assertion. 
  
(3) If a public body has informed a requester of the fee permitted under ORS 192.440(4), a public body’s
obligation to further complete its response to the request is suspended until the requester has paid the fee,
the fee has been waived by the public body pursuant to ORS 192.440(5), or the fee has been ordered
waived. 
  
(4) Prior to completing its response, a public body may request additional information or clarification
from the requester for the purpose of expediting the public body’s response to the request. If a public
body has requested such information or clarification in good faith, a public body’s obligation to further
complete its response to the request is suspended until the requester provides the requested information
or clarification or declined to do so. 
  
(5) Within 10 business days of receipt of a written request by a person identified in the public body’s
procedure required by ORS 192.440(7)(a), a public body must: 
  
(a) Complete its response to the request for public records; or 
  
(b) Provide a written statement that the public body is still processing the request, along with a
reasonable estimated date when the public body expects to complete its response based on the
information currently available. 
  
(6) Compliance with the specific time periods established in ORS 192.440(1) and subsection (5) of this
section is not required in circumstances where compliance is not reasonably possible. 
  
(7)(a) The time periods established in ORS 192.440(2) and subsection (5) of this section: 
  
(A) In the case of a community college district, community college service district or public university in
this state, do not apply for periods that students of a school of the respective district or university are not
attending class; 
  
(B) In the case of a school district or education service district, do not begin during periods that a
majority of students of the district are on break for five or more consecutive days; and 
  
(C) Do not apply to any public body that does not have at least one full-time equivalent employee who
reports to work during the week the request is received or during the week following the week the
request is received. 
  
SECTION 6. (1) The Attorney General shall maintain and regularly update a catalog of
exemptions from the disclosure requirements of this chapter that are established by Oregon statute. The
catalog shall be as comprehensive as reasonably possible and shall be freely available to the public in
electronic format that facilitates sorting and searching the catalog. 
  
(2) The catalog required by subsection (1) of this section shall include: 
  
(a) The citation to any Oregon statute creating an exemption from the public disclosure requirements of
this chapter; 
  
  
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 (b) The relevant text of each statute creating an exemption from disclosure; 
  
(c) If an exemption has been construed by any decision of the Oregon Supreme Court or Oregon Court of
Appeals, a citation to any such decision; 
  
(d) To the extent that an exemption is specific to a particular public body or particular types of public
bodies, a description of the public body or bodies to which the exemption relates; and 
  
(e) Such additional information as the Attorney General deems appropriate. 
  
(3) To help ensure that the catalog required by subsection (1) of this section is as comprehensive as
possible: 
  
(a) Legislative Counsel shall provide the Attorney General with an electronic copy of any bill passed by
the legislature that, in the judgment of Legislative Counsel, creates an exemption from the public
disclosure requirements of this chapter; and 
  
(b) When a District Attorney issues an order pursuant to ORS 192.460, the District Attorney shall send
the Attorney General an electronic copy of that order. 
  
(4) The purpose of the catalog required by subsection (1) of this section is to assist public officials and
members of the public in ascertaining what information is exempt from the public disclosure
requirements of this chapter. The fact that an Oregon statute is not listed in the catalog shall not preclude
a public body from asserting that the statute creates an exemption from disclosure. 
  

  
Revised  9/8/2016