FLOYD’S GAMES ROLL ON.
By now many of you may have received an email from Floyd Prozanski where he warns you about “inaccurate and misleading information being circulated about HB 4045.”
As has become his custom, Floyd does not point out what information that is being circulated is “inaccurate” or “misleading.”
Here are some facts that no amount of spin can change. HB 4045 is a simple, straightforward and brief bill. It says that the information obtained by sheriffs when they receive an application for a concealed handgun license is protected except in a very few cases. The bill is quite brief (1 page) and not hard to understand.
Here are Floyd’s amendments. 19 pages.
Floyd’s email says “The -26 amendment will outright prohibit the custodian of record (i.e., sheriffs) from disclosing any personal information contained in CHL permit records and applications except for name, age and county of residence.”
Why Floyd believes that name, age and county should be released is anyone’s guess, but let’s take a look at some quotes from the courts.
“…the fact that information is exempt from obligatory disclosure under the Public Records Act does not resolve the question of the authority of a public official to disclose the information voluntarily. An exemption from the Public Records Acts means that the custodian of the information is not obliged to disclose it. Exemption from disclosure does not necessarily mean that the custodian is required not to disclose it.” Portland Adventist Medical Center v. Sheffield, 303 Or. 197, n.2
“ORS 192.502 does not prohibit disclosure of exempted information. Exemption means merely that the public body is not obligated to disclosure under ORS 192.420. The legislature has used unambiguous language when it desired to prohibit the release of information.” Guard Pub. Co. v. Lange County School Dist No. 4J, 310 Or. 32, n.6 (1990
Kim Thatcher’s bill is clear, simple and unambiguous. But nothing is so simple that Floyd cannot needlessly complicate it.
Please contact Senate President Peter Courtney and demand a floor vote on HB 4045 in its present form.
Senator Peter Courtney
503 986 1600
sen.petercourtney@state.or.us