Bill Text: OR HB2043 | 2011 | Regular Session | Introduced

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Bill Title: Relating to ombudsmen; declaring an emergency.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2043 Detail]

Download: Oregon-2011-HB2043-Introduced.html

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     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 790

                         House Bill 2043

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber
  for Department of Human Services)

                             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.

  Allows agency ombudsman to treat communications to ombudsman or
ombudsman staff as confidential. Provides that if communication
is treated as confidential, any work product, notes, memoranda
and files of ombudsman or staff related to communication are also
confidential.
  Provides that communications, work product, notes, memoranda
and files treated as confidential are privileged and that
ombudsman and ombudsman's staff may not be compelled in
adjudicatory proceeding to testify, or to produce evidence,
relating to confidential communications, work product, notes,
memoranda or files.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to ombudsmen; creating new provisions; amending ORS
  182.500; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 182.500 is amended to read:
  182.500. (1) If an agency or officer of the executive
department, as defined by ORS 174.112, designates a person to
perform ombudsman services, the person shall report to the
Governor in writing at least once each quarter. A report shall
include a summary of the services that the person provided during
the quarter and the person's recommendations for improving
ombudsman services and the services for which the person provides
assistance.
  (2) All public bodies, as defined   { - by - }   { + in + } ORS
174.109, shall cooperate with an ombudsman established or
specifically authorized by law, or designated by the Governor,
and shall promptly provide all information requested by the
ombudsman that is relevant to the duties of the ombudsman. Any
person that contracts with a public body, as defined by ORS
174.109, shall cooperate with an ombudsman established or
authorized by law or designated by the Governor to the extent the
ombudsman is investigating matters related to the contract, and
shall promptly provide all information requested by the ombudsman
that is related to the contract and relevant to the duties of the
ombudsman. An agency or officer of the executive department, as

defined   { - by - }   { + in + } ORS 174.112, shall consult with
the Attorney General if there is any legal dispute relating to:
  (a) Whether confidential or other restricted information may be
provided under this subsection to an ombudsman; or
  (b) Whether the ombudsman is seeking information that is
relevant to the duties of the ombudsman.
   { +  (3) An ombudsman may treat any communication to the
ombudsman, or to a member of the ombudsman's staff, as
confidential and not subject to public disclosure. If an
ombudsman treats a communication as confidential, any work
product, notes, memoranda or files of the ombudsman and the
ombudsman's staff relating to the communication are also
confidential.
  (4) Any communication, work product, notes, memoranda or files
treated as confidential under subsection (3) of this section are
privileged, and the ombudsman and the ombudsman's staff may not
be compelled in any adjudicatory proceeding to testify, or to
produce evidence, relating to the communications, work product,
notes, memoranda or files. + }
  SECTION 2.  { + The amendments to ORS 182.500 by section 1 of
this 2011 Act apply to all communications to an ombudsman or a
member of the ombudsman's staff, whether made before, on or after
the effective date of this 2011 Act, and to all work product,
notes, memoranda and files of an ombudsman and the ombudsman's
staff, whether created before, on or after the effective date of
this 2011 Act. + }
  SECTION 3.  { + 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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