Chapter 39 Oregon Laws 2011

AN ACT

HB 2061

Relating to electronic records of governmental agencies; creating new provisions; and amending ORS 84.049.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 2011 Act is added to and made a part of ORS 84.001 to 84.061.

SECTION 2. Notwithstanding the provisions of ORS 84.013, a governmental agency does not require an individual’s agreement or consent to conduct a transaction by electronic means or create or retain an electronic record of a transaction if the governmental agency conducts transactions by electronic means or creates, sends, accepts, generates, communicates, stores, processes, uses or relies on electronic records of transactions regularly and in the course of the governmental agency’s ordinary business.

SECTION 3. ORS 84.049 is amended to read:

84.049. [Each] (1) A governmental agency of this state shall determine whether, and the extent to which, [it] the governmental agency will create and retain electronic records [and] or convert written records or records that exist in other forms into [to] electronic records.

(2) A person with authority to create or retain custody of a record on behalf of a governmental agency may approve the conversion of the record into an electronic record in accordance with policies the governmental agency adopts.

SECTION 4. A governmental agency may adopt rules necessary to implement the provisions of section 2 of this 2011 Act and the amendments to ORS 84.049 by section 3 of this 2011 Act.

Approved by the Governor May 16, 2011

Filed in the office of Secretary of State May 17, 2011

Effective date January 1, 2012

__________