Read the full stored bill text
83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
House Bill 3385
Sponsored by COMMITTEE ON RULES (at the request of Oregon Association of County Clerks)
CHAPTER .................................................
AN ACT
Relating to public record fees; amending ORS 192.324.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 192.324 is amended to read:
192.324. (1) A public body that is the custodian of any public record that a person has a right
to inspect shall give the person, upon receipt of a written 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 an individual who is identified in a public body’s procedure described in subsection (7)(a)
of this section receives a written request to inspect or receive a copy of a public record, the public
body shall within five business days after receiving the request acknowledge receipt of the request
or complete the public body’s response to the request. An acknowledgment under this subsection
must:
(a) Confirm that the public body is the custodian of the requested record;
(b) Inform the requester that the public body is not the custodian of the requested record; or
(c) Notify the requester that the public body is uncertain whether the public body is the custo-
dian of the requested record.
(3) If the public record is maintained in a machine readable or electronic form, the public body
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 public body shall make the public record available in the
form in which the public body 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 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 re-
cords. 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 pro-
visions of ORS 192.311 to 192.478.
(c) The public body may not establish a fee greater than $25 under this section unless the public
body first provides the requester with a written notification of the estimated amount of the fee and
the requester confirms that the requester wants the public body to proceed with making the public
record available.
Enrolled House Bill 3385 (HB 3385-INTRO) Page 1
(d) Notwithstanding paragraphs (a) to (c) of this subsection, when the public records are those
filed with :
(A) The Secretary of State under ORS chapter 79 or ORS 80.100 to 80.130, the fees for furnish-
ing copies, summaries or compilations of the public records are the fees established by the Secretary
of State by rule under ORS chapter 79 or ORS 80.100 to 80.130.
(B) A county clerk, the fees for copies of records are the fees established under ORS
205.320.
(5) The custodian of a 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 requester 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 re-
quester who petitions when inspection of a public record is denied under ORS 192.311 to 192.478.
The Attorney General, the district attorney and the court have the same authority in instances
when a fee waiver or reduction is denied as when inspection of a public record is denied.
(7) A public body shall make available to the public a written procedure for making public re-
cords requests that includes:
(a) The name of one or more individuals within the public body to whom public records requests
may be sent, with addresses; and
(b) The amounts of and the manner of calculating fees that the public body charges for re-
sponding 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.
Passed by House March 6, 2025
..................................................................................
Timothy G. Sekerak, Chief Clerk of House
..................................................................................
Julie Fahey, Speaker of House
Passed by Senate April 28, 2025
..................................................................................
Rob Wagner, President of Senate
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled House Bill 3385 (HB 3385-INTRO) Page 2