Bill Text: OR HB2483 | 2011 | Regular Session | Introduced

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Bill Title: Relating to task force review of public records laws; declaring an emergency.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2483 Detail]

Download: Oregon-2011-HB2483-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 1705

                         House Bill 2483

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Consumer Protection and Government Accountability for
  Government Efficiency Task Force)

                             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 task force to study and make recommendations on
exemptions from public records and changes to public records laws
to ensure consistent criteria and processes are applied in
exempting public records from disclosure, in application of
public records requirements to social media data and for other
purposes.
  Directs task force to submit report to Legislative Assembly on
or before September 1, 2012.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to task force review of public records laws; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) The Task Force on Public Records is
established, consisting of 15 members as follows:
  (a) The President of the Senate shall appoint one member from
among members of the Senate.
  (b) The Speaker of the House of Representatives shall appoint
one member from among members of the House of Representatives.
  (c) The Governor shall appoint:
  (A) One member who represents the counties of this state. The
Governor may consider a recommendation from the Association of
Oregon Counties for this position.
  (B) One member who represents the cities of this state. The
Governor may consider a recommendation from the League of Oregon
Cities for this position.
  (C) One member who represents the news media of this state.
The Governor may consider a recommendation from the Oregon
Newspaper Publishers Association for this position.
  (D) Three members representing three state agencies.
  (E) One member who is a resident of this state and who shall
serve as the public member.
  (F) One member from among the nonlegislative members of the
Transparency Oregon Advisory Commission.
  (G) One member from the Oregon Department of Administrative
Services with expertise in information security.

  (d) The Chief Justice of the Supreme Court shall appoint one
member who represents the Judicial Department.
  (e) The Attorney General shall appoint one member who
represents the Department of Justice.
  (f) The State Archivist.
  (g) The State Chief Information Officer.
  (2) The task force shall:
  (a) Study and review the public records laws and make
recommendations for improved and appropriate access to public
records.
  (b) Make recommendations on how to rebalance competing
interests in the public records laws to ensure appropriate
protection of confidential and private information with
legitimate public needs for access to information.
  (c) Make recommendations on resolving information-sharing
issues between government entities and with the public.
  (d) Review existing exemptions from disclosure and make
recommendations on the continued need for exemptions and on
processes to resolve conflicts that arise when exemptions impede
effective execution of government policies.
  (e) Review public entity use of social media technologies and
other forms of electronic communication and make recommendations
on when evolving forms of electronic communication and data
appropriately constitute public records.
  (f) Make recommendations on policy criteria for balancing the
needs for privacy and personal safety with government
transparency and public oversight of government activity.
  (g) Make recommendations on the need for a public records
exemption commission with authority to rapidly exempt public
information from disclosure or temporarily suspend an exemption
when the public need to know information outweighs the interests
in keeping the information confidential.
  (3) Members of the Legislative Assembly appointed to the task
force are nonvoting members of the task force and may act in an
advisory capacity only.
  (4) A majority of the voting members of the task force
constitutes a quorum for the transaction of business.
  (5) Official action by the task force requires the approval of
a majority of the voting members of the task force.
  (6) The task force shall elect one of its members to serve as
chairperson.
  (7) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
  (8) The task force shall meet at times and places specified by
the call of the chairperson or of a majority of the voting
members of the task force.
  (9) The task force may adopt rules necessary for the operation
of the task force.
  (10) The task force shall submit a report, and may include
recommendations for legislation, to an interim committee of the
Legislative Assembly related to government accountability,
government operations or public affairs, as appropriate, no later
than September 1, 2012.
  (11) The Oregon Department of Administrative Services shall
provide staff support to the task force.
  (12) Members of the task force who are not members of the
Legislative Assembly are not entitled to compensation, but may be
reimbursed for actual and necessary travel and other expenses
incurred by them in the performance of their official duties in
the manner and amounts provided for in ORS 292.495. Claims for
expenses incurred in performing functions of the task force shall
be paid out of funds appropriated to the Oregon Department of
Administrative Services for purposes of the task force.
  (13) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties. + }
  SECTION 2.  { + Section 1 of this 2011 Act is repealed on
February 4, 2013. + }
  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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