Bill Text: OR SB41 | 2013 | Regular Session | Introduced

Oregon Senate Bill 41 (Prior Session Legislation)

Bill Title: Relating to public meetings.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB41 Detail]

Download: Oregon-2013-SB41-Introduced.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 198

                         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 Senate Interim Committee on
  Judiciary)

                             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.

  Provides that matters for which quorum of governing body may
not meet in private for purpose of deciding or deliberating are
limited to budget, fiscal or policy matters that are before, or
likely to come before, governing body. Provides that certain
communication, fact gathering activities or on-site inspections
of property or facilities do not constitute governing body
deciding on or deliberating toward decision.

                        A BILL FOR AN ACT
Relating to public meetings; amending ORS 192.630.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 192.630 is amended to read:
  192.630. (1) All meetings of the governing body of a public
body shall be open to the public and all persons shall be
permitted to attend any meeting except as otherwise provided by
ORS 192.610 to 192.690.
  (2) { + (a) + } A quorum of a governing body may not meet in
private for the purpose of deciding on or deliberating toward a
decision on any  { + budget, fiscal or policy + } matter
 { + that is before or likely to come before the governing
body + } except as otherwise provided by ORS 192.610 to 192.690.
   { +  (b) For purposes of this subsection, 'deciding on or
deliberating toward a decision' means the organized acts of a
quorum of a governing body to discuss, work toward or achieve a
final decision on a budget, fiscal or policy matter that is
before, or likely to come before, the governing body, but does
not include:
  (A) Communication that is wholly unrelated to the conduct of
the public's business;
  (B) Fact gathering activities; or
  (C) On-site inspections of property or facilities at a location
other than the regularly scheduled meeting room of the governing
body. + }
  (3) A governing body may not hold a meeting at any place where
discrimination on the basis of race, color, creed, sex, sexual
orientation, national origin, age or disability is practiced.
However, the fact that organizations with restricted membership
hold meetings at the place does not restrict its use by a public
body if use of the place by a restricted membership organization
is not the primary purpose of the place or its predominate use.
  (4) Meetings of the governing body of a public body shall be
held within the geographic boundaries over which the public body
has jurisdiction, or at the administrative headquarters of the
public body or at the other nearest practical location. Training
sessions may be held outside the jurisdiction as long as no
deliberations toward a decision are involved. A joint meeting of
two or more governing bodies or of one or more governing bodies
and the elected officials of one or more federally recognized
Oregon Indian tribes shall be held within the geographic
boundaries over which one of the participating public bodies or
one of the Oregon Indian tribes has jurisdiction or at the
nearest practical location. Meetings may be held in locations
other than those described in this subsection in the event of an
actual emergency necessitating immediate action.
  (5)(a) It is discrimination on the basis of disability for a
governing body of a public body to meet in a place inaccessible
to persons with disabilities, or, upon request of a person who is
deaf or hard of hearing, to fail to make a good faith effort to
have an interpreter for persons who are deaf or hard of hearing
provided at a regularly scheduled meeting. The sole remedy for
discrimination on the basis of disability shall be as provided in
ORS 192.680.
  (b) The person requesting the interpreter shall give the
governing body at least 48 hours' notice of the request for an
interpreter, shall provide the name of the requester, sign
language preference and any other relevant information the
governing body may request.
  (c) If a meeting is held upon less than 48 hours' notice,
reasonable effort shall be made to have an interpreter present,
but the requirement for an interpreter does not apply to
emergency meetings.
  (d) If certification of interpreters occurs under state or
federal law, the Oregon Health Authority or other state or local
agency shall try to refer only certified interpreters to
governing bodies for purposes of this subsection.
  (e) As used in this subsection, 'good faith effort ' includes,
but is not limited to, contacting the department or other state
or local agency that maintains a list of qualified interpreters
and arranging for the referral of one or more qualified
interpreters to provide interpreter services.
                         ----------