Title 19, Miscellaneous Matters Related to Government and Public Affairs

As used in ORS 192.583 to 192.607: (1) “Customer” means any person, partnership, limited partnership, corporation, trust or other legal entity, who or which is transacting or has transacted business with a financial institution, or who or which is using or has used the services o…

(1) Except as provided in ORS 192.588, 192.589, 192.591, 192.593, 192.596, 192.597, 192.598 and 192.603 or as required by ORS 25.643 and 25.646 and the Uniform Disposition of Unclaimed Property Act, ORS 98.302 to 98.436 and 98.992, and ORS 305.084: (a) A financial institution may…

(1) Upon the request of the Department of Human Services or the Oregon Health Authority and the receipt of the certification required under subsection (2) of this section, a financial institution shall advise whether a person has one or more accounts with the financial institutio…

(1) At any time after an individual dies, the Department of Human Services or the Oregon Health Authority may deliver to a financial institution the written notice and request described in subsection (2) of this section. (2) A written notice and request under this section must: (…

(1) Upon the request of a state court and the receipt of the certification required under subsection (2) of this section, a financial institution shall advise whether a person has one or more accounts with the financial institution and, if so, the balance on deposit in each such …

(1) A financial institution may disclose financial records of a customer to a state or local agency, and such an agency may request and receive such records, when the customer has authorized such disclosure as provided in this section. (2) The authorization of disclosure shall: (…

(1) A financial institution may disclose financial records of a customer to a state or local agency, and a state or local agency may request and receive such records, pursuant to a lawful summons or subpoena, served upon the financial institution, as provided in this section or O…

(1) Notwithstanding ORS 192.596, a financial institution shall disclose and provide copies of the financial records of a person who is the alleged victim in an investigation under ORS 124.070 or 441.650 in accordance with a subpoena issued by a court or on behalf of a grand jury …

(1) A financial institution may disclose financial records of a customer to a state or local agency, and a state or local agency may request and receive such records, pursuant to a lawful search warrant, as provided in this section. (2) The content of the search warrant shall con…

(1) Nothing in ORS 192.583 to 192.607 shall require a financial institution to inquire or determine that those seeking disclosure have duly complied with the requirements set forth in ORS 192.583 to 192.607, provided only that the customer authorization, summons, subpoena or sear…

(1)(a) A financial institution shall have a reasonable period of time in which to comply with any proper customer authorization, summons, subpoena or search warrant permitting or seeking disclosure of financial records. Except as provided in paragraphs (b) and (c) of this subsect…

(1) As used in this section: (a) “Account information” means, whether or not the financial institution has an account under a particular customer’s name, the number of customer account items dishonored or that created overdrafts, dollar volume of dishonored items and items that w…

Financial institutions that participate in an attorney trust account overdraft notification program established under ORS 9.685 may charge attorneys or law firms who have trust accounts with the financial institution for the reasonable costs incurred by the financial institution …

(1) Any customer who suffers any ascertainable loss as a result of a willful violation of ORS 192.583 to 192.607 by any person, may bring an individual action in an appropriate court to recover actual damages or $1,000, whichever is greater. (2) Any customer who suffers any ascer…

If any provision of ORS 192.583 to 192.607 or the application thereof to any person or circumstance is held invalid for any reason, such invalidity shall not affect any other provision or application of ORS 192.583 to 192.607 which can remain in effect without the invalid provisi…

As used in ORS 192.610 to 192.705: (1) “Convening” means: (a) Gathering in a physical location; (b) Using electronic, video or telephonic technology to be able to communicate contemporaneously among participants; (c) Using serial electronic written communication among participant…

The Oregon form of government requires an informed public aware of the deliberations and decisions of governing bodies and the information upon which such decisions were made. It is the intent of ORS 192.610 to 192.705 that decisions of governing bodies be arrived at openly. [197…

(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 192.705. (2) A quorum of a governing body may not meet in private for the purpose of decidin…

(1) The governing body of a public body shall provide for and give public notice, reasonably calculated to give actual notice to interested persons including news media which have requested notice, of the time and place for holding regular meetings. The notice shall also include …

(1) The governing body of a public body shall provide for the sound, video or digital recording or the taking of written minutes of all its meetings. Neither a full transcript nor a full recording of the meeting is required, except as otherwise provided by law, but the written mi…

(1) This section applies to any meeting of the following: (a) The board of directors of a common or union high school district; (b) The board of directors of an education service district; (c) The board of education of a community college district; or (d) The board of trustees of…

(1) ORS 192.610 to 192.705 do not prevent the governing body of a public body from holding executive session during a regular, special or emergency meeting, after the presiding officer has identified the authorization under ORS 192.610 to 192.705 for holding the executive session…

Any person may submit to the Oregon Government Ethics Commission: (1) A written request for the commission to issue and publish a commission advisory opinion under ORS 244.280 on the application of ORS 192.610 to 192.705 to any actual or hypothetical circumstance; (2) A written r…

(1) Any meeting, including an executive session, of a governing body of a public body which is held through the use of telephone or other electronic communication shall be conducted in accordance with ORS 192.610 to 192.705. (2) When telephone or other electronic means of communi…

(1) A state board or commission may meet through telephone or other electronic means in accordance with ORS 192.610 to 192.705. (2)(a) Notwithstanding ORS 171.072 or 292.495, a member of a state board or commission who attends a meeting through telephone or other electronic means…

(1) A decision made by a governing body of a public body in violation of ORS 192.610 to 192.705 shall be voidable. The decision shall not be voided if the governing body of the public body reinstates the decision while in compliance with ORS 192.610 to 192.705. A decision that is…

(1)(a) Notwithstanding ORS 192.680, complaints of violations of any provision of ORS 192.610 to 192.705 alleged to have been committed by public officials may be made to the Oregon Government Ethics Commission for review and investigation as provided by ORS 244.260 and for possib…

(1) ORS 192.610 to 192.705 do not apply to any of the following: (a) Deliberations of the Psychiatric Security Review Board or the State Board of Parole and Post-Prison Supervision. (b) Deliberations of state agencies conducting hearings on contested cases in accordance with the …

In any suit commenced under ORS 192.680 (2), the plaintiff shall be required to present prima facie evidence of a violation of ORS 192.610 to 192.705 before the governing body shall be required to prove that its acts in deliberating toward a decision complied with the law. When a…

(1)(a) The Oregon Government Ethics Commission shall annually prepare training on the requirements of ORS 192.610 to 192.705 and best practices to enhance compliance with those requirements. The commission may delegate the preparation and presentation of trainings to another orga…

(1) A person who believes that a governing body has acted in violation of ORS 192.610 to 192.705 may, within 30 days of the alleged violation, file a written grievance with the public body whose governing body is alleged to have violated ORS 192.610 to 192.705, setting forth the …

ORS 192.715 to 192.760 may be cited as the Uniform Electronic Legal Material Act. [2013 c.221 §10] Note: 192.715 to 192.760 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 192 or any series therein by legislative action. See P…

As used in ORS 192.715 to 192.760: (1) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. (2) “Legal material” means, whether or not in effect: (a) The Oregon Constitution; (b) Session laws p…

(1) If an official publisher publishes legal material only in an electronic record, the publisher shall: (a) Designate the electronic record as official; and (b) Comply with ORS 192.730, 192.740 and 192.745. (2) An official publisher that publishes legal material in an electronic…

An official publisher of legal material in an electronic record that is designated as official under ORS 192.725 shall authenticate the record. To authenticate an electronic record, the publisher shall provide a method for a user to determine that the record received by the user …

(1) Legal material in an electronic record that is authenticated under ORS 192.730 is presumed to be an accurate copy of the legal material. (2) If another state has adopted a law substantially similar to ORS 192.715 to 192.760, legal material in an electronic record that is desi…

(1) An official publisher of legal material in an electronic record that is or was designated as official under ORS 192.725 shall provide for the preservation and security of the record in an electronic form or a form that is not electronic. (2) If legal material is preserved und…

An official publisher of legal material in an electronic record that is required to be preserved under ORS 192.740 shall ensure that the material is reasonably available for use by the public on a permanent basis. [2013 c.221 §6] Note: See note under 192.715.

In implementing ORS 192.715 to 192.760, an official publisher of legal material in an electronic record shall consider: (1) Standards and practices of other jurisdictions; (2) The most recent standards regarding authentication of, preservation and security of, and public access t…

In applying and construing ORS 192.715 to 192.760, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [2013 c.221 §8] Note: See note under 192.715.

ORS 192.715 to 192.760 modify, limit, and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but do not modify, limit or supersede section 101(c) of that Act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices d…

As used in this section and ORS 192.805 and 192.810: (1) “Customer” means any person who or which is transacting or has transacted business with a financial institution, or who or which is using or has used the services of such an institution, or for whom or which a financial ins…

Before producing any documents or making any disclosures, a financial institution may require the requesting person who caused the subpoena to be issued to reimburse the financial institution for the reasonable costs incurred by the financial institution in the course of complian…

ORS 192.805 does not apply to any subpoena issued by or on behalf of a state agency or local agency subject to the provisions of ORS 192.583 to 192.607, or if the financial institution is a named party to litigation that is the basis for issuance of the subpoena. [1985 c.797 §3; …

As used in ORS 192.820 to 192.868: (1) “Actual address” means: (a) A residential, work or school street address of an individual specified on the application of the individual to be a program participant; or (b) The name of the county in which the program participant resides or t…

(1) The Address Confidentiality Program is established in the Department of Justice to: (a) Protect the confidentiality of the actual address of a health care provider or a victim of domestic violence, a sexual offense, stalking, bias or human trafficking; and (b) Prevent assaila…