80th OREGON LEGISLATIVE ASSEMBLY--2019 Regular Session

Enrolled

House Bill 2353
Sponsored by Representative POWER, Senators DEMBROW, GELSER; Representative HAYDEN,
Senator FREDERICK (Presession filed.)

CHAPTER .................................................

AN ACT

Relating to public records; amending ORS 192.407; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 192.407 is amended to read:
192.407. (1) A person who has submitted a written public records request in compliance with a
public body’s policy may seek review of the following, in the same manner as a person petitions
when inspection of a public record is denied under ORS 192.311 to 192.478:
(a) The failure of a public body to provide the response required by ORS 192.329 within the
prescribed period. A failure of the public body to timely respond shall be treated as a denial of the
request unless the public body demonstrates that compliance was not required under ORS 192.329.
(b) An estimate of time provided by a public body pursuant to ORS 192.329, if the person believes that the estimated time frame for the response is unreasonably long and will result in undue
delay of disclosure.
(c) Any other instance in which the person believes that the public body has failed to comply
with ORS 192.329.
(2) Except as provided in subsection (3) of this section, the Attorney General, the district attorney and the court have the same authority with respect to petitions under this section as when
inspection of a public record is denied.
(3) If the Attorney General, the district attorney or a court grants a petition filed under this
section, the order granting the petition:
(a) May require disclosure of nonexempt material responsive to the request within seven days,
or within any other period that the Attorney General, district attorney or court concludes is appropriate to comply with ORS 192.329[.];
(b) May require the public body to pay a penalty of $200 to the requester if the Attorney
General, district attorney or court determines that the public body responded to the request
with undue delay or failed to respond to the request; and
(c) May order a fee waiver or a fee reduction if a public body has responded to the request with undue delay or has failed to respond to the request in the time and manner prescribed in ORS 192.329. Nothing in this subsection prohibits a reviewing body from finding
an unreasonable denial of a fee waiver or a fee reduction on other grounds.
(4) Nothing in this section limits the authority of a court to act under ORS 192.431.
SECTION 2. This 2019 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2019 Act takes effect
on its passage.
Enrolled House Bill 2353 (HB 2353-A)

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 Passed by House April 23, 2019

Received by Governor:
........................M.,........................................................., 2019

..................................................................................
Timothy G. Sekerak, Chief Clerk of House

Approved:
........................M.,........................................................., 2019

..................................................................................
Tina Kotek, Speaker of House
Passed by Senate May 23, 2019

..................................................................................
Kate Brown, Governor
Filed in Office of Secretary of State:

..................................................................................
Peter Courtney, President of Senate

........................M.,........................................................., 2019

..................................................................................
Bev Clarno, Secretary of State

Enrolled House Bill 2353 (HB 2353-A)

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