Bill Text: OR HB2374 | 2013 | Regular Session | Introduced
Bill Title: Relating to public records.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2374 Detail]
Download: Oregon-2013-HB2374-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 1787
House Bill 2374
Sponsored by Representative THATCHER (Presession filed.)
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.
Revises public records law. Revises procedures for requesting
and responding to public records requests. Limits fees that may
be charged for copies of public records. Modifies process for
appeal following denial of public records request.
Establishes Public Records Exemptions Accountability
Commission. Directs commission to review exemptions from
disclosure of public records and make recommendations to
Legislative Assembly on exemptions. Modifies or eliminates
certain exemptions from disclosure of public records.
A BILL FOR AN ACT
Relating to public records; creating new provisions; amending ORS
21.020, 25.020, 40.270, 65.805, 94.974, 144.130, 146.035,
147.421, 151.493, 161.336, 161.390, 166.274, 181.548, 181.560,
181.854, 190.050, 192.230, 192.410, 192.420, 192.493, 192.495,
192.505, 192.650, 209.270, 243.960, 268.357, 279B.055,
279B.060, 279C.107, 279C.410, 285C.145, 287A.350, 305.493,
312.030, 312.190, 339.388, 341.290, 351.065, 353.260, 358.905,
358.915, 409.225, 414.695, 419A.015, 419A.305, 419C.532,
420.048, 421.344, 421.347, 421.349, 421.359, 421.442, 426.155,
431.627, 433.009, 441.055, 453.307, 453.332, 456.623, 465.015,
466.800, 469.030, 469.080, 469.410, 469.560, 476.090, 520.027,
520.097, 522.365, 526.280, 632.840, 646.473, 656.702, 657.734,
659A.209, 671.338, 678.442, 697.732, 705.137, 706.720, 723.118,
741.510, 743.862, 777.795, 802.183 and 802.187; and repealing
ORS 192.420, 192.423, 192.440, 192.445, 192.450, 192.460,
192.465, 192.470, 192.480, 192.490, 192.501 and 192.502.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 192.410 is amended to read:
192.410. As used in ORS 192.410 to 192.505:
(1) 'Custodian' means:
(a) The person described in ORS 7.110 for purposes of court
records; or
(b) A public body mandated, directly or indirectly, to create,
maintain, care for or control a public record. ' Custodian' does
not include a public body that has custody of a public record as
an agent of another public body that is the custodian unless the
public record is not otherwise available.
(2) 'Person' includes any natural person, corporation,
partnership, firm, association or member or committee of the
Legislative Assembly.
(3) 'Public body' { - includes every state officer, agency,
department, division, bureau, board and commission; every county
and city governing body, school district, special district,
municipal corporation, and any board, department, commission,
council, or agency thereof; and any other public agency of this
state. - } { + has the meaning given that term in ORS 174.109,
except that 'public body' does not include the Legislative
Assembly or its members, committees, officers or employees
insofar as they are exempt under Article IV, section 9, of the
Oregon Constitution. + }
(4) { - (a) - } 'Public record' { - includes any writing
that contains information relating to the conduct of the public's
business, including but not limited to court records, mortgages,
and deed records, prepared, owned, used or retained by a public
body regardless of physical form or characteristics. - }
{ + includes any writing containing information relating to the
conduct of government or the performance of any governmental or
proprietary function prepared, owned, used or retained by a
public body regardless of physical form or characteristics. + }
{ - (b) 'Public record' does not include any writing that
does not relate to the conduct of the public's business and that
is contained on a privately owned computer. - }
{ - (5) 'State agency' means any state officer, department,
board, commission or court created by the Constitution or
statutes of this state but does not include the Legislative
Assembly or its members, committees, officers or employees
insofar as they are exempt under section 9, Article IV of the
Oregon Constitution. - }
(6) 'Writing' { - means handwriting, typewriting, printing,
photographing and every means of recording, including letters,
words, pictures, sounds, or symbols, or combination thereof, and
all papers, maps, files, facsimiles or electronic recordings. - }
{ + means every method of recording any form of communication or
representation. + }
{ +
PROCESS + }
SECTION 2. { + Each public body shall adopt, publish and
prominently display and make available for inspection and
copying, for guidance of the public:
(1) Descriptions of the public body's central and field
organization and the established places at which, the employees
from whom and the methods whereby the public may obtain
information, make submittals or requests or obtain copies of
decisions by the public body;
(2) Statements of the general course and method by which the
public body's operations are channeled and determined, including
the nature and requirements of all formal and informal procedures
available;
(3) Rules of procedure applicable to the public body;
(4) Substantive rules of general applicability adopted as
authorized by law, and statements of general policy or
interpretations of general applicability formulated and adopted
by the public body; and
(5) Each amendment or revision to or repeal of any information
required to be provided under this section. + }
SECTION 3. { + A public body, public official, public employee
or custodian of a public record may not be liable, nor shall a
cause of action exist, for any loss or damage based upon the
release of a public record if the public body, public official,
public employee or custodian acted in good faith in attempting to
comply with the provisions of ORS 192.410 to 192.505. + }
SECTION 4. { + (1) Each public body shall make available for
public inspection and copying all public records, unless the
record falls within a specific exemption set forth in law that
exempts or prohibits disclosure of specific information or
records. To the extent required to prevent an unreasonable
invasion of personal privacy interests protected under ORS
192.410 to 192.505, a public body shall delete identifying
details in a manner consistent with ORS 192.410 to 192.505 when
the public body makes available or publishes any public record.
In each case in which a public body deletes identifying details
under this section, the justification for the deletion shall be
explained fully in writing.
(2) Each public body shall maintain and make available for
public inspection and copying a current index providing
identifying information as to the following records issued,
adopted or promulgated after the effective date of this 2013 Act:
(a) Final opinions, including concurring and dissenting
opinions, as well as orders, made in the adjudication of cases;
(b) Those statements of policy and interpretations of policy,
statute and the Oregon Constitution which have been adopted by
the agency;
(c) Administrative staff manuals and instructions to staff that
affect a member of the public;
(d) Planning policies and goals and interim and final planning
decisions;
(e) Factual staff reports and studies, factual consultant's
reports and studies, scientific reports and studies and any other
factual information derived from tests, studies, reports or
surveys, whether conducted by public employees or others; and
(f) Correspondence, and materials referred to therein, relating
to any regulatory, supervisory or enforcement responsibilities of
the agency, whereby the agency determines or opines upon, or is
asked to determine or opine upon, the rights of the state, the
public, a subdivision of state government or of any private
party.
(3) A local government or local service district, as defined in
ORS 174.116, need not maintain an index described in subsection
(2) of this section if to do so would be unduly burdensome, but
shall in that event:
(a) Issue and publish a formal order specifying the reasons why
and the extent to which compliance would unduly burden or
interfere with agency operations; and
(b) Make available for public inspection and copying all
indexes maintained for agency use.
(4) Each public body shall establish, maintain and make
available for public inspection and copying a statement of the
actual per page cost or other costs, if any, that the public body
charges for providing copies of public records and a statement of
the factors and manner used to determine the actual per page cost
or other costs, if any.
(5)(a) In determining the actual per page cost for providing
copies of public records, a public body may include all costs
directly incident to copying the public records, including the
actual cost of the paper and the per page cost for use of copying
equipment. In determining other actual costs for providing copies
of public records, a public body may include all costs directly
incident to shipping the public records, including the cost of
postage or delivery charges and the cost of any container or
envelope used.
(b) In determining the actual per page cost or other costs for
providing copies of public records, a public body may not include
staff salaries, benefits or other general administrative or
overhead charges unless those costs are directly related to the
actual cost of copying the public records. Staff time to copy and
mail the requested public records may be included in a public
body's costs.
(6) A public body need not calculate the actual per page cost
or other costs of providing photocopies of public records if to
do so would be unduly burdensome, but in that event the public
body may not charge in excess of 15 cents per page for
photocopies of public records or for the use of public body
equipment to photocopy public records, and the actual postage or
delivery charge and the cost of any container or envelope used to
mail the public records to the requester. + }
SECTION 5. { + (1) Public records must be available for
inspection and copying, and public bodies shall, upon request for
identifiable public records, make them promptly available to any
person, including, if applicable, on a partial or installment
basis, as records that are part of a larger set of requested
records are assembled or made ready for inspection or disclosure.
A public body may not deny a request for identifiable public
records solely on the basis that the request is overbroad. A
public body may not distinguish among persons requesting records,
and any person requesting records may not be required to provide
information as to the purpose for the request except to establish
whether inspection and copying would violate any law that exempts
or prohibits disclosure of specific information or records to
certain persons. Facilities shall be made available to any person
for the copying of public records except when and to the extent
that this would unreasonably disrupt the operations of the public
body.
(2) Public records must be available for inspection and copying
during the customary office hours of the public body for a
minimum of 30 hours per week, except weeks that include state
legal holidays, unless the person making the request and the
public body or its representative agree on a different time.
Customary business hours must be posted on the public body's
website and made known by other means designed to provide the
public with notice.
(3) A state agency may adopt rules to protect public records
from damage or disorganization and to prevent excessive
interference with other essential functions of the agency. The
rules must provide for the fullest assistance to requesters and
the most timely possible action on requests for information. + }
SECTION 6. { + (1) A fee may not be charged for the inspection
of public records. A fee may not be charged for locating public
documents and making them available for copying. A reasonable
charge may be imposed for providing copies of public records and
for the use by any person of public body equipment to copy public
records.
(2) A charge that is allowable under this section may not
exceed the amount necessary to reimburse the public body for the
actual costs directly incident to the copying of public records.
State agency charges for copies shall be imposed in accordance
with the actual per page cost or other costs established and
published by the agency. An agency may not charge a per page cost
greater than the actual per page cost as established and
published by the agency. To the extent the agency has not
determined the actual per page cost for photocopies of public
records, the agency may not charge in excess of 15 cents per
page.
(3) A state agency may require a deposit in an amount not to
exceed 10 percent of the estimated cost of providing copies for a
request. If an agency makes a request available on a partial or
installment basis, the agency may charge for each part of the
request as it is provided. If an installment of a records request
is not claimed or reviewed, the agency is not obligated to
fulfill the balance of the request. + }
SECTION 7. { + (1) Responses to requests for public records
shall be made promptly by public bodies. Within five business
days of receiving a public record request, a public body must
respond by:
(a) Providing the record;
(b) Providing an Internet address and link to the public body's
website where the specific records requested are located, except
that if the requester notifies the public body that the requester
cannot access the records through the Internet, then the public
body must provide copies of the record or allow the requester to
view copies using a public body computer;
(c) Acknowledging that the public body has received the request
and providing a reasonable estimate of the time the public body
will require to respond to the request; or
(d) Denying the public record request.
(2) Additional time required to respond to a request may be
based upon the need to clarify the intent of the request, to
locate and assemble the information requested, to notify third
persons or agencies affected by the request or to determine
whether any of the information requested is exempt and that a
denial should be made as to all or part of the request. In
acknowledging receipt of a public record request that is unclear,
the public body may ask the requester to clarify what information
the requester is seeking. If the requester fails to clarify the
request, the public body need not respond to it.
(3) Denials of requests must be accompanied by a written
statement of the specific reasons therefor. Public bodies shall
establish mechanisms for the most prompt possible review of
decisions denying inspection, and such review shall be deemed
completed at the end of the second business day following the
denial of inspection and shall constitute final action for the
purposes of judicial review. + }
SECTION 8. { + Whenever a public body concludes that a public
record is exempt from disclosure and denies a person the
opportunity to inspect or copy a public record for that reason,
the person may request the Attorney General to review the matter.
The Attorney General shall provide the person with a written
opinion on whether the record is exempt. + }
SECTION 9. { + The examination of any specific public record
may be enjoined if, upon motion and affidavit by a public body or
its representative or a person who is named in the record or to
whom the record specifically pertains, the circuit court for the
county in which the movant resides or in which the record is
maintained finds that such examination would clearly not be in
the public interest and would substantially and irreparably
damage any person, or would substantially and irreparably damage
vital governmental functions. A public body has the option of
notifying persons named in the record, or to whom a record
specifically pertains, that release of a record has been
requested. However, this option does not exist where the public
body is required by law to provide such notice. + }
SECTION 10. { + (1) Upon the motion of any person having been
denied an opportunity to inspect or copy a public record by a
public body, the circuit court in the county in which a record is
maintained may require the responsible public body to show cause
as to why the public body has refused to allow inspection or
copying of a specific public record or class of records. The
burden of proof shall be on the public body to establish that
refusal to permit public inspection and copying is in accordance
with a provision of law that exempts or prohibits disclosure in
whole or in part of specific information or records.
(2) Upon the motion of any person who believes that a public
body has not made a reasonable estimate of the time that the
public body requires to respond to a public record request, the
circuit court in the county in which a record is maintained may
require the responsible public body to show that the estimate
provided is reasonable. The burden of proof shall be on the
public body to show that the estimate provided is reasonable.
(3) Judicial review of all public body actions taken or
challenged shall be de novo. Courts shall take into account the
policy of ORS 192.410 to 192.505 that free and open examination
of public records is in the public interest, even though such
examination may cause inconvenience or embarrassment to public
officials or others. Courts may examine any record in camera in
any proceeding brought under this section. The court may conduct
a hearing based solely on affidavits.
(4) Any person who prevails against a public body in any action
in the courts seeking the right to inspect or copy any public
record or the right to receive a response to a public record
request within a reasonable amount of time shall be awarded all
costs, including reasonable attorney fees, incurred in connection
with such legal action.
(5) Actions under this section must be filed within one year of
the agency's claim of exemption or the last production of a
record on a partial or installment basis. + }
{ +
PUBLIC RECORDS EXEMPTIONS ACCOUNTABILITY COMMISSION + }
SECTION 11. { + (1) The Public Records Exemptions
Accountability Commission is created to review exemptions from
disclosure of public records. The commission shall consist of the
following 13 members:
(a) The Governor shall appoint six members, one of whom
represents the Governor, one of whom represents local government
and four members of the public, with consideration given to
diversity of viewpoint and geography.
(b) The Attorney General shall appoint two members, one of whom
represents the Attorney General and one of whom represents a
statewide media association.
(c) The Secretary of State shall appoint one member.
(d) The President of the Senate shall appoint one member from
the majority party of the Senate and one member from the minority
party of the Senate.
(e) The Speaker of the House of Representatives shall appoint
one member from the majority party of the House of
Representatives and one member from the minority party of the
House of Representatives.
(2) The Governor shall select the chair of the commission from
among its membership.
(3) The term of each member of the commission shall be two
years. If a member is unable or unwilling to complete the term of
the member, the appointing authority shall appoint a new member
to complete the remainder of the term.
(4) The purpose of the commission is to review public
disclosure exemptions and provide recommendations pursuant to
subsection (8) of this section. The commission shall develop and
publish criteria for review of public exemptions.
(5) Commission meetings are public meetings under ORS 192.610
to 192.690.
(6) The Department of Justice shall provide staff support to
the commission.
(7) Legislative members of the commission shall be reimbursed
for travel expenses in accordance with ORS 171.072.
Nonlegislative members, except those representing an employer or
organization, are entitled to be reimbursed for travel expenses
in accordance with ORS 292.495.
(8)(a) The commission shall develop a schedule to accomplish a
review of each public disclosure exemption. The commission shall
publish the schedule and publish any revisions made to the
schedule.
(b) The commission shall meet at least once a quarter and may
hold additional meetings at the call of the chair or by a
majority vote of the members of the commission.
(c) For each public disclosure exemption, the commission shall
provide a recommendation to the judiciary committees of the
Legislative Assembly as to whether the exemption should be
continued without modification, modified, scheduled for sunset
review at a future date or terminated. The commission shall make
the recommendations on or before November 15 of each year. + }
{ +
EXEMPTIONS + }
SECTION 12. { + The following personal information is exempt
from public inspection and copying under ORS 192.410 to 192.505:
(1) Personal information in any files maintained for students
in public schools, patients or clients of public institutions or
public health agencies or the Department of Human Services.
(2) Personal information in files maintained for employees,
appointees or elected officials of any public body, to the extent
that disclosure would violate the right to privacy of the
employees, appointees or elected officials.
(3) Information required of any taxpayer in connection with the
assessment or collection of any tax, if the disclosure of the
information to other persons would:
(a) Be prohibited by other law; or
(b) Violate the taxpayer's right to privacy or result in unfair
competitive disadvantage to the taxpayer.
(4) Credit card numbers, debit card numbers, electronic check
numbers, card expiration dates or bank or other financial account
numbers, except when disclosure is expressly required or governed
by other law.
(5) Documents and related materials and scanned images of
documents and related materials used to prove identity, age,
residential address, Social Security number or other personal
information required to apply for a driver license or
government-issued identification card. + }
SECTION 13. { + The following investigative, law enforcement
and crime victim information is exempt from public inspection and
copying under ORS 192.410 to 192.505:
(1) Specific intelligence information and specific
investigative records compiled by investigative, law enforcement
or corrections agencies and state agencies vested with the
responsibility to discipline members of any profession, the
nondisclosure of which is essential to effective law enforcement
or for the protection of any person's right to privacy.
(2) Information revealing the identity of persons who are
witnesses to or victims of crime or who file complaints with
investigative, law enforcement or corrections agencies, if
disclosure would endanger any person's life, physical safety or
property. If at the time a complaint is filed the complainant,
victim or witness indicates a desire for disclosure or
nondisclosure, such desire shall govern.
(3) Any records of investigative reports prepared by any state,
county, municipal or other law enforcement agency pertaining to
sex offenses.
(4) Information revealing the identity of child victims of
sexual assault who are under 18 years of age. Identifying
information means the child victim's name, address, location,
photograph and, in cases in which the child victim is a relative
or stepchild of the alleged perpetrator, identification of the
relationship between the child and the alleged perpetrator. + }
SECTION 14. { + The following employment and licensing
information is exempt from public inspection and copying under
ORS 192.410 to 192.505:
(1) Test questions, scoring keys and other examination data
used to administer a license, employment or academic examination.
(2) All applications for public employment, including the names
of applicants, resumes and other related materials submitted with
respect to an applicant.
(3) The residential addresses, residential telephone numbers,
personal wireless telephone numbers, personal electronic mail
addresses, Social Security numbers and emergency contact
information of employees or volunteers of a public body, and the
names, dates of birth, residential addresses, residential
telephone numbers, personal wireless telephone numbers, personal
electronic mail addresses, Social Security numbers and emergency
contact information of dependents of employees or volunteers of a
public body that are held by any public body in personnel
records, public employment related records or volunteer rosters,
or are included in any mailing list of employees or volunteers of
any public body.
(4) Information that identifies a person who, while an employee
of a public body:
(a) Seeks advice, under an informal process established by the
public body, in order to ascertain the person's rights in
connection with a possible unfair employment practice against the
person; and
(b) Requests that the person's identity or any identifying
information not be disclosed.
(5) Investigative records compiled by an employing public body
conducting an active and ongoing investigation of a possible
unlawful employment practice or of a possible violation of other
federal, state or local laws prohibiting discrimination in
employment.
(6) Criminal history records checks for candidates for
employment with public bodies.
(7) Photographs and month and year of birth in the personnel
files of employees and workers of law enforcement agencies. The
news media shall have access to the photographs and full date of
birth. + }
SECTION 15. { + The contents of real estate appraisals made
for or by any public body relative to the acquisition or sale of
property, until the project or prospective sale is abandoned or
until such time as all of the property has been acquired or the
property to which the sale appraisal relates is sold, are exempt
from disclosure under ORS 192.410 to 192.505. In no event may
disclosure be denied for more than three years after the
appraisal. + }
SECTION 16. { + The following financial, commercial and
proprietary information is exempt from disclosure under ORS
192.410 to 192.505:
(1) Valuable formulae, designs, drawings, computer source code
or object code and research data obtained by any agency within
five years of the request for disclosure when disclosure would
produce private gain and public loss.
(2) Financial information supplied by or on behalf of a person,
firm or corporation for the purpose of qualifying to submit a bid
or proposal for highway construction or improvement.
(3) Financial and commercial information and records supplied
by businesses or individuals during application for loans or
program services supplied by public bodies.
(4) Financial information, including but not limited to account
numbers and values and other identification numbers supplied by
or on behalf of a person, firm, corporation, limited liability
company, partnership or other entity related to an application
for a business license, liquor license or lottery retail license.
(5) Proprietary data, trade secrets or other information that
relates to:
(a) A vendor's unique methods of conducting business;
(b) Data unique to the product or services of the vendor; or
(c) Determining prices or rates to be charged for services,
submitted by any vendor to a public body.
(6)(a) When supplied to and in the records of the Oregon
Business Development Department in connection with the siting,
recruitment, expansion, retention or relocation of that person's
business and until a siting decision is made, identifying
information of any person supplying information under this
subsection and the locations being considered for siting,
relocation or expansion of a business.
(b) For the purposes of this subsection, 'siting decision '
means the decision to acquire or not to acquire a site.
(7) Any production records, mineral assessments and trade
secrets submitted by a permit holder, mine operator or landowner
to a public body.
(8) Financial, commercial, operations and technical and
research information and data submitted to or obtained by the
Department of Human Services, the Department of Consumer and
Business Services or the Oregon Health Authority, to the extent
that such information, if revealed, would reasonably be expected
to result in private loss to providers of this information.
(9) Financial and commercial information submitted to or
obtained by the Oregon University System when the information
relates to investments in private funds, to the extent that such
information, if revealed, would reasonably be expected to result
in loss to an endowment fund of the Oregon University System. + }
SECTION 17. { + Preliminary drafts, notes, recommendations and
intra-agency memorandums in which opinions are expressed or
policies formulated or recommended are exempt under ORS 192.410
to 192.505, except that a specific record is not exempt when
publicly cited by an agency in connection with any agency
action. + }
SECTION 18. { + Records that are relevant to a controversy to
which a public body is a party, but that would not be available
to another party under the rules of pretrial discovery for civil
actions in this state, are exempt from disclosure under ORS
192.410 to 192.505. + }
SECTION 19. { + Records, maps or other information identifying
the location of archaeological sites in order to avoid the
looting or depredation of such sites are exempt from disclosure
under ORS 192.410 to 192.505. + }
SECTION 20. { + Any library record, the primary purpose of
which is to maintain control of library materials, or to gain
access to information, that discloses or could be used to
disclose the identity of a library user is exempt from disclosure
under ORS 192.410 to 192.505. + }
SECTION 21. { + The following educational information is
exempt from disclosure under ORS 192.410 to 192.505:
(1) Financial disclosures filed by private vocational schools.
(2) Individually identifiable information received by the
Department of Community Colleges and Workforce Development for
research or evaluation purposes.
(3) Any records or documents obtained by the Oregon University
System, Oregon Health and Science University or a library or
archive through or concerning any gift, grant, conveyance,
bequest or devise, the terms of which restrict or regulate public
access to those records or documents. + }
SECTION 22. { + (1) The Social Security numbers of individuals
maintained in the files of a public body are exempt from
disclosure under ORS 192.410 to 192.505. The exemption in this
section does not apply to requests made directly to a public body
from federal, state and local agencies of government, and federal
and state licensing, credentialing, investigatory, disciplinary
and examination organizations.
(2) The current residential address and current residential
telephone number of a health care provider maintained in the
files of a public body are exempt from disclosure under ORS
192.410 to 192.505, if the provider requests that this
information be withheld from public inspection and copying, and
provides to the public body an accurate alternate or business
address and business telephone number. + }
SECTION 23. { + Client records maintained by a public body
that operates or regulates a domestic violence program or a rape
crisis center are exempt from disclosure under ORS 192.410 to
192.505. + }
SECTION 24. { + The following information relating to security
is exempt from disclosure under ORS 192.410 to 192.505:
(1) Those portions of records assembled, prepared or maintained
to prevent, mitigate or respond to criminal terrorist acts, which
are acts that significantly disrupt the conduct of government or
of the general civilian population of this state or the United
States and that manifest an extreme indifference to human life,
the public disclosure of which would have a substantial
likelihood of threatening public safety, consisting of:
(a) Specific and unique vulnerability assessments or specific
and unique response or deployment plans, including compiled
underlying data collected in preparation of or essential to the
assessments, or to the response or deployment plans; and
(b) Records not subject to public disclosure under federal law
that are shared by federal or international agencies, and
information prepared from national security briefings provided to
state or local government officials related to domestic
preparedness for acts of terrorism.
(2) Those portions of records containing specific and unique
vulnerability assessments or specific and unique emergency and
escape response plans at a city, county or state adult or
juvenile correctional facility, the public disclosure of which
would have a substantial likelihood of threatening the security
of a city, county or state adult or juvenile correctional
facility.
(3) Information compiled by school districts or schools in the
development of comprehensive safe school plans, to the extent
that they identify specific vulnerabilities of school districts
and each individual school.
(4) Information regarding the infrastructure and security of
computer and telecommunications networks, including security
passwords, security access codes and programs, access codes for
secure software applications, security and service recovery
plans, security risk assessments and security test results, to
the extent that they identify specific system vulnerabilities.
(5) The security section of transportation system safety and
security program plans. + }
{ +
CONFORMING AMENDMENTS + }
SECTION 25. ORS 21.020 is amended to read:
21.020. (1) The State Court Administrator shall collect a fee
of $1 for affixing the seal of the court to a document.
(2) The Chief Justice of the Supreme Court by order may
establish or authorize fees for copies of records of the
appellate courts and the administrative offices of the State
Court Administrator, for services relating to those records and
for other services that the appellate courts or administrative
offices of the State Court Administrator are authorized or
required to perform for which no fees are specifically provided
by law. The fee established by the Chief Justice for paper copies
of records may not exceed 25 cents per page, except for records
for which additional services are required. { - If additional
services are required, fees for providing the records are subject
to ORS 192.440. - }
SECTION 26. ORS 25.020 is amended to read:
25.020. (1) Support payments for or on behalf of any person
that are ordered, registered or filed under this chapter or ORS
chapter 107, 108, 109, 110, 416, 419B or 419C, unless otherwise
authorized by ORS 25.030, shall be made to the Department of
Justice as the state disbursement unit:
(a) During periods for which support is assigned under ORS
412.024, 418.032, 419B.406 or 419C.597;
(b) As provided by rules adopted under ORS 180.345, when public
assistance is provided to a person who receives or has a right to
receive support payments on the person's own behalf or on behalf
of another person;
(c) After the assignment of support terminates for as long as
amounts assigned remain owing;
(d) For any period during which support enforcement services
are provided under ORS 25.080;
(e) When ordered by the court under ORS 419B.400;
(f) When a support order that is entered or modified on or
after January 1, 1994, includes a provision requiring the obligor
to pay support by income withholding; or
(g) When ordered by the court under any other applicable
provision of law.
(2)(a) The Department of Justice shall disburse payments, after
lawful deduction of fees and in accordance with applicable
statutes and rules, to those persons and entities that are
lawfully entitled to receive such payments.
(b) During a period for which support is assigned under ORS
412.024, for an obligee described in subsection (1)(b) of this
section, the department shall disburse to the obligee, from child
support collected each month, $50 for each child up to a maximum
of $200 per family.
(3)(a) When the administrator is providing support enforcement
services under ORS 25.080, the obligee may enter into an
agreement with a collection agency, as defined in ORS 697.005,
for assistance in collecting child support payments.
(b) The Department of Justice:
(A) Shall disburse support payments, to which the obligee is
legally entitled, to the collection agency if the obligee submits
the completed form referred to in paragraph (c)(A) of this
subsection to the department;
(B) May reinstate disbursements to the obligee if:
(i) The obligee requests that disbursements be made directly to
the obligee;
(ii) The collection agency violates any provision of this
subsection; or
(iii) The Department of Consumer and Business Services notifies
the Department of Justice that the collection agency is in
violation of the rules adopted under ORS 697.086;
(C) Shall credit the obligor's account for the full amount of
each support payment received by the department and disbursed to
the collection agency; and
(D) Shall develop the form referred to in paragraph (c)(A) of
this subsection, which shall include a notice to the obligee
printed in type size equal to at least 12-point type that the
obligee may be eligible for support enforcement services from the
department or the district attorney without paying the interest
or fee that is typically charged by a collection agency.
(c) The obligee shall:
(A) Provide to the department, on a form approved by the
department, information about the agreement with the collection
agency; and
(B) Promptly notify the department when the agreement is
terminated.
(d) The collection agency:
(A) May provide investigative and location services to the
obligee and disclose relevant information from those services to
the administrator for purposes of providing support enforcement
services under ORS 25.080;
(B) May not charge interest or a fee for its services exceeding
29 percent of each support payment received unless the collection
agency, if allowed by the terms of the agreement between the
collection agency and the obligee, hires an attorney to perform
legal services on behalf of the obligee;
(C) May not initiate, without written authorization from the
administrator, any enforcement action relating to support
payments on which support enforcement services are provided by
the administrator under ORS 25.080; and
(D) Shall include in the agreement with the obligee a notice
printed in type size equal to at least 12-point type that
provides information on the fees, penalties, termination and
duration of the agreement.
(e) The administrator may use information disclosed by the
collection agency to provide support enforcement services under
ORS 25.080.
(4) The Department of Justice may immediately transmit to the
obligee payments received from any obligor without waiting for
payment or clearance of the check or instrument received if the
obligor has not previously tendered any payment by a check or
instrument that was not paid or was dishonored.
(5) The Department of Justice shall notify each obligor and
obligee by mail when support payments shall be made to the
department and when the obligation to make payments in this
manner shall cease.
(6)(a) The administrator shall provide information about a
child support account directly to a party to the support order
regardless of whether the party is represented by an attorney. As
used in this subsection, 'information about a child support
account' means the:
(A) Date of issuance of the support order.
(B) Amount of the support order.
(C) Dates and amounts of payments.
(D) Dates and amounts of disbursements.
(E) Payee of any disbursements.
(F) Amount of any arrearage.
(G) Source of any collection, to the extent allowed by federal
law.
(b) Nothing in this subsection limits the information the
administrator may provide by law to a party who is not
represented by an attorney.
(7) Any pleading for the entry or modification of a support
order must contain a statement that payment of support under a
new or modified order will be by income withholding unless an
exception to payment by income withholding is granted under ORS
25.396.
(8)(a) Except as provided in paragraphs (d) and (e) of this
subsection, a judgment or order establishing paternity or
including a provision concerning support must contain:
(A) The residence, mailing or contact address, Social Security
number, telephone number and driver license number of each party;
(B) The name, address and telephone number of all employers of
each party;
(C) The names and dates of birth of the joint children of the
parties; and
(D) Any other information required by rule adopted by the Chief
Justice of the Supreme Court under ORS 1.002.
(b) The judgment or order shall also include notice that the
obligor and obligee:
(A) Must inform the court and the administrator in writing of
any change in the information required by this subsection within
10 days after the change; and
(B) May request that the administrator review the amount of
support ordered after three years, or such shorter cycle as
determined by rule of the Department of Justice, or at any time
upon a substantial change of circumstances.
(c) The administrator may require of the parties any additional
information that is necessary for the provision of support
enforcement services under ORS 25.080.
(d)(A) Upon a finding, which may be made ex parte, that the
health, safety or liberty of a party or child would unreasonably
be put at risk by the disclosure of information specified in this
subsection or by the disclosure of other information concerning a
child or party to a paternity or support proceeding or if an
existing order so requires, a court or administrator or
administrative law judge, when the proceeding is administrative,
shall order that the information not be contained in any document
provided to another party or otherwise disclosed to a party other
than the state.
(B) The Department of Justice shall adopt rules providing for
similar confidentiality for information described in subparagraph
(A) of this paragraph that is maintained by an entity providing
support enforcement services under ORS 25.080.
(e) The Chief Justice of the Supreme Court may, in consultation
with the Department of Justice, adopt rules under ORS 1.002 to
designate information specified in this subsection as
confidential and require that the information be submitted
through an alternate procedure to ensure that the information is
exempt from public disclosure under { - ORS 192.502 - }
{ + sections 12 to 24 of this 2013 Act + }.
(9)(a) Except as otherwise provided in paragraph (b) of this
subsection, in any subsequent child support enforcement action,
the court or administrator, upon a showing of diligent effort
made to locate the obligor or obligee, may deem due process
requirements to be met by mailing notice to the last-known
residential, mailing or employer address or contact address as
provided in ORS 25.085.
(b) Service of an order directing an obligor to appear in a
contempt proceeding is subject to ORS 33.015 to 33.155.
(10) Subject to ORS 25.030, this section, to the extent it
imposes any duty or function upon the Department of Justice,
shall be deemed to supersede any provisions of ORS chapters 107,
108, 109, 110, 416, 419A, 419B and 419C that would otherwise
impose the same duties or functions upon the county clerk or the
Department of Human Services.
(11) Except as provided for in subsections (12), (13) and (14)
of this section, credit may not be given for payments not made to
the Department of Justice as required under subsection (1) of
this section.
(12) The Department of Justice shall give credit for payments
not made to the department:
(a) When payments are not assigned to this or another state and
the obligee and obligor agree in writing that specific payments
were made and should be credited;
(b) When payments are assigned to the State of Oregon, the
obligor and obligee make sworn written statements that specific
payments were made, canceled checks or other substantial evidence
is presented to corroborate their statements and the obligee has
been given prior written notice of any potential criminal or
civil liability that may attach to an admission of the receipt of
assigned support;
(c) When payments are assigned to another state and that state
verifies that payments not paid to the department were received
by the other state; or
(d) As provided by rule adopted under ORS 180.345.
(13) An obligor may apply to the Department of Justice for
credit for payments made other than to the Department of Justice.
If the obligee or other state does not provide the agreement,
sworn statement or verification required by subsection (12) of
this section, credit may be given pursuant to order of an
administrative law judge assigned from the Office of
Administrative Hearings after notice and opportunity to object
and be heard are given to both obligor and obligee. Notice shall
be served upon the obligee as provided by ORS 25.085. Notice to
the obligor may be by regular mail at the address provided in the
application for credit. A hearing conducted under this subsection
is a contested case hearing and ORS 183.413 to 183.470 apply. Any
party may seek a hearing de novo in the circuit court.
(14) Nothing in this section precludes the Department of
Justice from giving credit for payments not made to the
department when there has been a judicially determined credit or
satisfaction or when there has been a satisfaction of support
executed by the person to whom support is owed.
(15) The Department of Justice shall adopt rules that:
(a) Direct how support payments that are made through the
department are to be applied and disbursed; and
(b) Are consistent with federal regulations.
SECTION 27. ORS 40.270 is amended to read:
40.270. A public officer shall not be examined as to public
records determined to be exempt from disclosure under { - ORS
192.501 to 192.505 - } { + sections 12 to 24 of this 2013
Act + }.
SECTION 28. ORS 65.805 is amended to read:
65.805. (1) The notice to the Attorney General required by ORS
65.803 must be accompanied by any application fee imposed under
ORS 65.813 (3) and must contain a detailed statement describing
the proposed transaction along with any other information the
Attorney General requires by rule.
(2)(a) Upon a showing satisfactory to the Attorney General by a
party to the proposed transaction, any material required to be
submitted to the Attorney General under subsection (1) of this
section is a trade secret under { - ORS 192.501 - }
{ + section 16 of this 2013 Act + }. The Attorney General shall
classify the material as confidential and the material shall not
be disclosed except as provided in paragraph (b) of this
subsection unless the Attorney General determines that the
material is necessary to the determination of an issue being
considered at a public hearing as provided in ORS 65.807.
(b) To the extent that the material, or any portion thereof,
would otherwise qualify as a trade secret under { - ORS
192.501 - } { + section 16 of this 2013 Act + }, no action taken
by the Attorney General, any authorized employee of the
Department of Justice or any expert or consultant employed
pursuant to ORS 65.813 in inspecting or reviewing such
information shall affect its status as a trade secret.
SECTION 29. ORS 94.974 is amended to read:
94.974. (1) Except in a transaction exempt under ORS 94.962,
any person who sells a membership camping contract shall provide
the prospective purchaser with those written disclosures required
under ORS 94.959. Disclosures shall be substantially accurate and
complete and made to a prospective purchaser before the
prospective purchaser signs a membership camping contract or
gives any consideration for the purchase of such contract. The
person shall take a receipt from the prospective purchaser upon
delivery of the disclosures. Each receipt shall be kept on file
by the membership camping operator within this state subject to
inspection by the Real Estate Commissioner or the commissioner's
authorized representative for a period of three years from the
date the receipt is taken.
(2) Records of the sale of membership camping contracts shall
be subject to inspection by the commissioner or the
commissioner's authorized representative. Any list identifying
campground members obtained by the commissioner or the
commissioner's authorized representative shall be exempt from
disclosure, as trade secrets, to any person, public body or state
agency, under { - ORS 192.501 - } { + section 16 of this 2013
Act + }.
SECTION 30. ORS 144.130 is amended to read:
144.130. (1) Notwithstanding the provisions of ORS 179.495,
prior to a parole hearing or other personal interview, each
prisoner shall have access to the written materials which the
board shall consider with respect to the release of the prisoner
on parole, with the exception of materials exempt from disclosure
under { - ORS 192.502 (5) - } { + sections 12 to 24 of this
2013 Act + }.
(2) The board and the Director of the Department of Corrections
shall jointly adopt procedures for a prisoner's access to written
materials pursuant to this section.
SECTION 31. ORS 146.035 is amended to read:
146.035. (1) There shall be established within the Department
of State Police the State Medical Examiner's office for the
purpose of directing and supporting the state death investigation
program.
(2) The State Medical Examiner shall manage all aspects of the
State Medical Examiner's program.
(3) Subject to the State Personnel Relations Law, the State
Medical Examiner may employ or discharge other personnel of the
State Medical Examiner's office.
(4) The State Medical Examiner's office shall:
(a) File and maintain appropriate reports on all deaths
requiring investigation.
(b) Maintain an accurate list of all active district medical
examiners, assistant district medical examiners and designated
pathologists.
(c) Transmit monthly to the Department of Transportation a
report for the preceding calendar month of all information
obtained under ORS 146.113.
(5) Notwithstanding { - ORS 192.501 (35) - } { + ORS
192.410 to 192.505 + }:
(a) Any parent, spouse, sibling, child or personal
representative of the deceased, or any person who may be
criminally or civilly liable for the death, or their authorized
representatives respectively, may examine and obtain copies of
any medical examiner's report, autopsy report or laboratory test
report ordered by a medical examiner under ORS 146.117.
(b) The system described in ORS 192.517 (1) shall have access
to reports described in this subsection as provided in ORS
192.517.
SECTION 32. ORS 147.421 is amended to read:
147.421. (1) If a public body is the custodian of any of the
following information, upon the request of the victim, the public
body shall provide to the victim any of the following information
of which it is the custodian and that is about the defendant or
convicted criminal:
(a) The conviction and sentence;
(b) Criminal history;
(c) Imprisonment; and
(d) Future release from physical custody.
(2) A public body, in its discretion, may provide the requested
information by furnishing the victim with copies of public
records. { - The public body may charge the victim its actual
cost for making public records available as provided in ORS
192.440 (4). - }
(3) As used in this section:
(a) 'Criminal history' means a description of the prior
arrests, convictions and sentences of the person.
(b) 'Future release' means the projected or scheduled date of
release of the person from confinement, the name and location of
the correctional facility from which the person is to be released
and the community where the person is scheduled to reside upon
release.
(c) 'Imprisonment' means the name and location of the
correctional facility in which the person is confined.
(d) 'Public body' has the meaning given that term in ORS
192.410.
SECTION 33. ORS 151.493 is amended to read:
151.493. (1) Notwithstanding any other provision of law, any
state agency as defined in ORS { - 192.410 - }
{ + 192.005 + } that receives a request for release of
information from the state courts for the purpose of verifying
the financial eligibility of a person under ORS 151.485 to
151.497 shall release all requested information to the state
court. The court shall forward to the state agency a
certification signed by the person about whom the requested
information is sought that authorizes the release of the
information.
(2) Upon its own motion or motion of the public defense
services executive director, a court that has appointed counsel
for a person by reason of financial eligibility may order the
release of any information relating to the person's financial
situation held by any other person.
SECTION 34. ORS 161.336 is amended to read:
161.336. (1)(a) When a person is conditionally released under
ORS 161.315 to 161.351, the person is subject to those
supervisory orders of the Psychiatric Security Review Board as
are in the best interests of justice, the protection of society
and the welfare of the person.
(b) An order of conditional release entered by the board or the
Oregon Health Authority may designate any person or state, county
or local agency capable of supervising the person upon release,
subject to the conditions described in the order of conditional
release.
(c) Prior to the designation, the agency conducting the hearing
shall notify the person or state, county or local agency to whom
conditional release is contemplated and provide the person or
state, county or local agency an opportunity to be heard.
(d) After receiving an order entered under this section, the
person or state, county or local agency designated in the order
shall assume supervision of the person in accordance with the
conditions described in the order and any modifications of the
conditions ordered by the board.
(2) Conditions of release contained in orders entered under
this section may be modified from time to time and conditional
releases may be terminated as provided in ORS 161.351.
(3)(a) As a condition of release, the person may be required to
report to any state or local mental health facility for
evaluation. Whenever medical, psychiatric or psychological
treatment is recommended, the order may require the person, as a
condition of release, to cooperate with and accept the treatment
from the facility.
(b) The facility to which the person has been referred for
evaluation shall perform the evaluation and submit a written
report of its findings to the board. If the facility finds that
treatment of the person is appropriate, it shall include its
recommendations for treatment in the report to the board.
(c) Whenever treatment is provided by the facility, it shall
furnish reports to the board on a regular basis concerning the
progress of the person.
(d) Copies of all reports submitted to the board pursuant to
this section shall be furnished to the person and the person's
counsel. The confidentiality of these reports is determined
pursuant to { - ORS 192.501 to 192.505 - } { + ORS 192.410 to
192.505 + }.
(e) The facility shall comply with the conditional release
order and any modifications of the conditions ordered by the
board.
(4)(a) If at any time while the person is under the
jurisdiction of the board it appears to the board or its
chairperson that the person has violated the terms of the
conditional release or that the mental health of the individual
has changed, the board or its chairperson may order the person
returned for evaluation or treatment to a state hospital or, if
the person is under 18 years of age, to a secure intensive
community inpatient facility. A written order of the board, or
its chairperson on behalf of the board, is sufficient warrant for
any law enforcement officer to take into custody such person and
transport the person accordingly. A sheriff, municipal police
officer, constable, parole and probation officer, prison official
or other peace officer shall execute the order, and the person
shall be returned as soon as practicable to the state hospital or
secure intensive community inpatient facility designated in the
order.
(b) The community mental health program director, the director
of the facility providing treatment to a person on conditional
release, any peace officer or any person responsible for the
supervision of a person on conditional release may take a person
on conditional release into custody or request that the person be
taken into custody if there is reasonable cause to believe the
person is a substantial danger to others because of mental
disease or defect and that the person is in need of immediate
care, custody or treatment. Any person taken into custody
pursuant to this subsection shall be transported as soon as
practicable to a state hospital or, if the person is under 18
years of age, to a secure intensive community inpatient facility.
(c) Within 20 days following the return of the person to a
state hospital or secure intensive community inpatient facility
under this subsection, the agency having jurisdiction over the
person shall conduct a hearing. The agency shall provide notice
of the hearing to the person, the attorney representing the
person and the Attorney General. The state must prove by a
preponderance of the evidence the person's unfitness for
conditional release. The hearing shall be conducted in
accordance with ORS 161.346.
(5)(a) Any person conditionally released under this section may
apply to the board for discharge from or modification of an order
of conditional release on the ground that the person is no longer
affected by mental disease or defect or, if still so affected, no
longer presents a substantial danger to others and no longer
requires supervision, medication, care or treatment. Notice of
the hearing on an application for discharge or modification of an
order of conditional release shall be made to the Attorney
General. The applicant, at the hearing pursuant to this
subsection, must prove by a preponderance of the evidence the
applicant's fitness for discharge or modification of the order of
conditional release. Applications by the person for discharge or
modification of conditional release may not be filed more often
than once every six months.
(b) Upon application by any person or agency responsible for
supervision or treatment pursuant to an order of conditional
release, the board shall conduct a hearing to determine if the
conditions of release shall be continued, modified or terminated.
The application shall be accompanied by a report setting forth
the facts supporting the application.
(6) A person who has spent five years on conditional release
shall be brought before the board for hearing within 30 days
before the expiration of the five-year period. The board shall
review the person's status and determine whether the person
should be discharged from the jurisdiction of the board.
SECTION 35. ORS 161.390 is amended to read:
161.390. (1) The Oregon Health Authority shall adopt rules for
the assignment of persons to state mental hospitals or secure
intensive community inpatient facilities under ORS 161.315 to
161.351, 161.365 and 161.370 and for establishing standards for
evaluation and treatment of persons committed to a state hospital
or a secure intensive community inpatient facility or ordered to
a community mental health program under ORS 161.315 to 161.351.
(2) When the Psychiatric Security Review Board or the authority
requires the preparation of a predischarge or preconditional
release plan before a hearing or as a condition of granting
discharge or conditional release for a person committed under ORS
161.315 to 161.351 to a state hospital or a secure intensive
community inpatient facility for custody, care and treatment, the
authority is responsible for and shall prepare the plan.
(3) In carrying out a conditional release plan prepared under
subsection (2) of this section, the authority may contract with a
community mental health program, other public agency or private
corporation or an individual to provide supervision and treatment
for the conditionally released person.
(4) Before the authority conducts a hearing under ORS 161.315
to 161.351, the authority shall notify the board. The board may
provide the authority with conditions of release that the board
determines are advisable. If the authority orders the person
conditionally released, the authority shall include the
conditions of release in the order.
(5) The board and the authority shall maintain and keep current
the medical, social and criminal history of all persons committed
to their respective jurisdiction. The confidentiality of records
maintained by the board shall be determined pursuant to
{ - ORS 192.501 to 192.505 - } { + ORS 192.410 to
192.505 + }.
(6) The evidentiary phase of a hearing conducted by the board
or the authority under ORS 161.315 to 161.351 is not a
deliberation for purposes of ORS 192.690.
SECTION 36. ORS 166.274 is amended to read:
166.274. (1) Except as provided in subsection (11) of this
section, a person barred from possessing or purchasing a firearm
may file a petition for relief from the bar in accordance with
subsection (2) of this section if:
(a) The person is barred from possessing a firearm under ORS
166.250 (1)(c)(A) or (C) or 166.270; or
(b) The person is barred from purchasing a firearm under ORS
166.470 (1)(a), (b) or (g).
(2) A petition for relief described in this section must be
filed in the circuit court in the petitioner's county of
residence.
(3) A person may apply once per calendar year for relief under
the provisions of this section.
(4)(a) A person petitioning for relief under this section shall
serve a copy of the petition on:
(A) The city chief of police if the court in which the petition
is filed is located in a city; or
(B) The sheriff of the county in which the court is located.
(b) The copy of the petition shall be served on the chief of
police or sheriff at the same time the petition is filed at the
court.
(5)(a) When a petition is denied, the judge shall cause that
information to be entered into the Department of State Police
computerized criminal history files.
(b) When a petition is granted, the judge shall cause that
information and a fingerprint card of the petitioner to be
entered into the Department of State Police computerized criminal
history files. If, after a petition is granted, the petitioner is
arrested and convicted of a crime that would disqualify the
petitioner from purchasing or possessing a firearm, the
Department of State Police shall notify the court that granted
relief under this section. The court shall review the order
granting relief and determine whether to rescind the order.
{ - The Department of State Police may charge a reasonable fee,
under ORS 192.440, for the entry and maintenance of information
under this section. - }
(6) Notwithstanding the provisions of ORS 9.320, a corporation,
the state or any city, county, district or other political
subdivision or public corporation in this state, without
appearance by attorney, may appear as a party to an action under
this section.
(7) If the petitioner seeks relief from the bar on possessing
or purchasing a firearm, relief shall be granted when the
petitioner demonstrates, by clear and convincing evidence, that
the petitioner does not pose a threat to the safety of the public
or the petitioner.
(8) Petitions filed under this section shall be heard and
disposed of within 15 judicial days of filing or as soon as is
practicable thereafter, but not more than 30 days thereafter. The
judge shall then make findings and conclusions and issue a
judgment based on the findings and conclusions in accordance with
the requirements of law.
(9) A person filing a petition under this section must pay the
filing fee established under ORS 21.135.
(10)(a) Initial appeals of petitions shall be heard de novo.
(b) Any party to a judgment under this subsection may appeal to
the Court of Appeals in the same manner as for any other civil
action.
(c) If the governmental entity files an appeal under this
subsection and does not prevail, it shall be ordered to pay the
attorney fees for the prevailing party.
(11) The court may not grant relief under this section to a
person who:
(a) Has been convicted of a person felony, as that term is
defined in the rules of the Oregon Criminal Justice Commission,
or the statutory counterpart to a person felony in any other
jurisdiction, if the offense involved the use of a firearm or a
deadly weapon as defined in ORS 161.015;
(b) Has been convicted of an offense listed in ORS 137.700 or
the statutory counterpart to an offense listed in ORS 137.700 in
any other jurisdiction; or
(c) Is currently serving a felony sentence as defined in ORS
10.030 or has served a felony sentence in the one-year period
preceding the filing of the petition.
SECTION 37. ORS 166.274, as amended by section 20, chapter 826,
Oregon Laws 2009, section 3, chapter 86, Oregon Laws 2010,
section 60, chapter 595, Oregon Laws 2011, and section 4, chapter
662, Oregon Laws 2011, is amended to read:
166.274. (1) Except as provided in subsection (10) of this
section, a person barred from possessing a firearm under ORS
166.250 (1)(c)(A) or (C) to (E) or 166.270 or barred from
purchasing a firearm under ORS 166.470 (1)(a), (b) or (e) to (g)
may file a petition for relief from the bar in the circuit court
in the petitioner's county of residence.
(2) A person may apply once per calendar year for relief under
the provisions of this section.
(3)(a) A person petitioning for relief under this section shall
serve a copy of the petition on:
(A) The city chief of police if the court in which the petition
is filed is located in a city; or
(B) The sheriff of the county in which the court is located.
(b) The copy of the petition shall be served on the chief of
police or sheriff at the same time the petition is filed at the
court.
(4)(a) When a petition is denied, the judge shall cause that
information to be entered into the Department of State Police
computerized criminal history files.
(b) When a petition is granted, the judge shall cause that
information and a fingerprint card of the petitioner to be
entered into the Department of State Police computerized criminal
history files. If, after a petition is granted, the petitioner is
arrested and convicted of a crime that would disqualify the
petitioner from purchasing or possessing a firearm, the
Department of State Police shall notify the court that granted
relief under this section. The court shall review the order
granting relief and determine whether to rescind the order.
{ - The Department of State Police may charge a reasonable fee,
under ORS 192.440, for the entry and maintenance of information
under this section. - }
(5) Notwithstanding the provisions of ORS 9.320, a corporation,
the state or any city, county, district or other political
subdivision or public corporation in this state, without
appearance by attorney, may appear as a party to an action under
this section.
(6) If the petitioner seeks relief from the bar on possessing
or purchasing a firearm, relief shall be granted when the
petitioner demonstrates, by clear and convincing evidence, that
the petitioner does not pose a threat to the safety of the public
or the petitioner.
(7) Petitions filed under this section shall be heard and
disposed of within 15 judicial days of filing or as soon as is
practicable thereafter, but not more than 30 days thereafter. The
judge shall then make findings and conclusions and issue a
judgment based on the findings and conclusions in accordance with
the requirements of law.
(8) A person filing a petition under this section must pay the
filing fee established under ORS 21.135.
(9)(a) Initial appeals of petitions shall be heard de novo.
(b) Any party to a judgment under this subsection may appeal to
the Court of Appeals in the same manner as for any other civil
action.
(c) If the governmental entity files an appeal under this
subsection and does not prevail, it shall be ordered to pay the
attorney fees for the prevailing party.
(10) The court may not grant relief under this section to a
person who:
(a) Has been convicted of a person felony, as that term is
defined in the rules of the Oregon Criminal Justice Commission,
or the statutory counterpart to a person felony in any other
jurisdiction, if the offense involved the use of a firearm or a
deadly weapon as defined in ORS 161.015;
(b) Has been convicted of an offense listed in ORS 137.700 or
the statutory counterpart to an offense listed in ORS 137.700 in
any other jurisdiction; or
(c) Is currently serving a felony sentence as defined in ORS
10.030 or has served a felony sentence in the one-year period
preceding the filing of the petition.
SECTION 38. ORS 181.548 is amended to read:
181.548. (1) Notwithstanding the provisions of ORS 192.410 to
192.505 relating to public records the fingerprints, photographs,
records and reports compiled under ORS 137.225, 181.010, 181.511,
181.521, 181.555, 805.060 and this section are confidential and
exempt from public inspection except:
(a) As ordered by a court;
(b) As provided in rules adopted by the Department of State
Police under ORS chapter 183 to govern access to and use of
computerized criminal offender information including access by an
individual for review or challenge of the individual's own
records;
(c) As provided in ORS 181.555 and 181.560;
(d) As provided in ORS 181.525; or
(e) As provided in ORS 418.747 (5).
(2) The records of the department of crime reports to the
department and of arrests made by the department, however, shall
not be confidential and shall be available in the same manner as
the records of arrest and reports of crimes of other law
enforcement agencies under { - ORS 192.501 (3) - } { + ORS
192.410 to 192.505 + }.
SECTION 39. ORS 181.560 is amended to read:
181.560. (1) When a person or agency, other than a criminal
justice agency or a law enforcement agency, pursuant to ORS
181.555 (2), requests from the Department of State Police
criminal offender information regarding an individual, if the
department's compiled criminal offender information on the
individual contains records of any conviction, or of any arrest
less than one year old on which there has been no acquittal or
dismissal, the department shall respond to the request as
follows:
(a) The department shall send prompt written notice of the
request to the individual about whom the request has been made.
The department shall address the notice to the individual's last
address known to the department and to the individual's address,
if any, supplied by the person making the request. However, the
department has no obligation to insure that the addresses are
current. The notice shall state that the department has received
a request for information concerning the individual and shall
identify the person or agency making the request. Notice to the
individual about whom the request is made shall include:
(A) A copy of all information to be supplied to the person or
agency making the request;
(B) Notice to the individual of the manner in which the
individual may become informed of the procedures adopted under
ORS 181.555 (3) for challenging inaccurate criminal offender
information; and
(C) Notice to the individual of the manner in which the
individual may become informed of rights, if any, under Title VII
of the Civil Rights Act of 1964, and notice that discrimination
by an employer on the basis of arrest records alone may violate
federal civil rights law and that the individual may obtain
further information by contacting the Bureau of Labor and
Industries.
(b) Fourteen days after sending notice to the individual about
whom the request is made, the department shall deliver to the
person or agency making the request the following information if
held regarding any convictions and any arrests less than one year
old on which the records show no acquittal or dismissal:
(A) Date of arrest.
(B) Offense for which arrest was made.
(C) Arresting agency.
(D) Court of origin.
(E) Disposition, including sentence imposed, date of parole if
any and parole revocations if any.
(c) The department shall deliver only the data authorized under
paragraph (b) of this subsection.
(d) The department shall inform the person or agency requesting
the criminal offender information that the department's response
is being furnished only on the basis of similarity of names and
description and that identification is not confirmed by
fingerprints.
(2) If the department holds no criminal offender information on
an individual, or the department's compiled criminal offender
information on the individual consists only of nonconviction
data, the department shall respond to a request under this
section that the individual has no criminal record and shall
release no further information.
(3) The department shall keep a record of all persons and
agencies making inquiries under ORS 181.555 (2) and shall keep a
record of the names of the individuals about whom such persons or
agencies are inquiring, regardless of whether the department has
compiled any criminal offender information on the individuals.
These records shall be public records and shall be available for
inspection under ORS 192.410 to 192.505.
{ - (4) Nothing in ORS 181.066, 181.548, 181.555 or this
section is intended to prevent the department from charging a
reasonable fee, pursuant to ORS 192.440, for responding to a
criminal offender information inquiry or for making information
available under ORS 181.555 or this section. - }
SECTION 40. ORS 181.854 is amended to read:
181.854. (1) As used in this section:
(a) 'Public body' has the meaning given that term in ORS
192.410.
(b) 'Public safety employee' means a certified reserve officer,
corrections officer, parole and probation officer, police officer
or youth correction officer as those terms are defined in ORS
181.610.
(2) A public body may not disclose a photograph of a public
safety employee of the public body without the written consent of
the employee. This subsection does not apply to the use by the
public body of a photograph of a public safety employee.
(3) A public body may not disclose information about a
personnel investigation of a public safety employee of the public
body if the investigation does not result in discipline of the
employee.
(4) Subsection (3) of this section does not apply:
(a) When the public interest requires disclosure of the
information.
(b) When the employee consents to disclosure in writing.
(c) When disclosure is necessary for an investigation by the
public body, the Department of Public Safety Standards and
Training or a citizen review body designated by the public body.
(d) When the public body determines that nondisclosure of the
information would adversely affect the confidence of the public
in the public body.
(5) If an investigation of a public safety employee of a public
body results from a complaint, the public body may disclose to
the complainant the disposition of the complaint and, to the
extent the public body considers necessary to explain the action
of the public body on the complaint, a written summary of
information obtained in the investigation.
(6) A public body must notify a public safety employee of the
public body if the public body receives a request for:
(a) A photograph of the employee.
(b) Information about the employee that is exempt from
disclosure under { - ORS 192.501 or 192.502 (2) or (3) - }
{ + sections 12 to 24 of this 2013 Act + }.
(c) Information about the employee that is prohibited from
disclosure by subsection (3) of this section.
SECTION 41. ORS 190.050 is amended to read:
190.050. (1) An intergovernmental group may impose and collect
reasonable fees based on market prices or competitive bids for
geographic data that have commercial value and are an entire
formula, pattern, compilation, program, device, method,
technique, process, database or system developed with a
significant expenditure of public funds. An intergovernmental
group may enter into agreements with private persons or entities
to assist with marketing such products. Notwithstanding any other
provision of law, intergovernmental group software product
programming source codes, object codes and geographic databases
or systems are confidential and exempt from public disclosure
under { - ORS 192.502 - } { + sections 12 to 24 of this 2013
Act + }. Nothing in this section authorizes an intergovernmental
group to restrict access to public records through inclusion of
such records in a geographic database or system.
(2) Fees collected under subsection (1) of this section shall
be used:
(a) For maintenance of the formula, pattern, compilation,
program, device, method, technique, process, database or system;
and
(b) To provide services through the formula, pattern,
compilation, program, device, method, technique, process,
database or system to public bodies paying a service charge to
the intergovernmental group.
(3) As used in this section, 'intergovernmental group ' means
two or more units of local government that have entered into a
written agreement under ORS 190.010.
SECTION 42. ORS 192.230 is amended to read:
192.230. As used in ORS 192.235 to 192.245:
(1) 'Report' means informational matter that is published as an
individual document at state expense or as required by law. '
Report' does not include documents prepared strictly for agency
administrative or operational purposes.
(2) 'State agency' has the meaning given that term in ORS
{ - 192.410 - } { + 192.005 + }.
SECTION 43. ORS 192.420 is amended to read:
192.420. (1) Every person has a right to inspect any public
record of a public body in this state, except as otherwise
expressly provided by { - ORS 192.501 to 192.505 - } { +
sections 12 to 24 of this 2013 Act + }.
(2)(a) If a person who is a party to a civil judicial
proceeding to which a public body is a party, or who has filed a
notice under ORS 30.275 (5)(a), asks to inspect or to receive a
copy of a public record that the person knows relates to the
proceeding or notice, the person must submit the request in
writing to the custodian and, at the same time, to the attorney
for the public body.
(b) For purposes of this subsection:
(A) The attorney for a state agency is the Attorney General in
Salem.
(B) 'Person' includes a representative or agent of the person.
SECTION 44. ORS 192.493 is amended to read:
192.493. A record of an agency of the executive department as
defined in ORS 174.112 that contains the following information is
a public record subject to inspection under { - ORS 192.420 - }
{ + ORS 192.410 to 192.505 + } and is not exempt from disclosure
under { - ORS 192.501 or 192.502 - } { + sections 12 to 24 of
this 2013 Act + } except to the extent that the record discloses
information about an individual's health or is proprietary to a
person:
(1) The amounts determined by an independent actuary retained
by the agency to cover the costs of providing each of the
following health services under ORS 414.631, 414.651 and 414.688
to 414.750 for the six months preceding the report:
(a) Inpatient hospital services;
(b) Outpatient hospital services;
(c) Laboratory and X-ray services;
(d) Physician and other licensed practitioner services;
(e) Prescription drugs;
(f) Dental services;
(g) Vision services;
(h) Mental health services;
(i) Chemical dependency services;
(j) Durable medical equipment and supplies; and
(k) Other health services provided under a coordinated care
organization contract under ORS 414.651 or a contract with a
prepaid managed care health services organization;
(2) The amounts the agency and each contractor have paid under
each coordinated care organization contract under ORS 414.651 or
prepaid managed care health services organization contract for
administrative costs and the provision of each of the health
services described in subsection (1) of this section for the six
months preceding the report;
(3) Any adjustments made to the amounts reported under this
section to account for geographic or other differences in
providing the health services; and
(4) The numbers of individuals served under each coordinated
care organization contract or prepaid managed care health
services organization contract, listed by category of individual.
SECTION 45. ORS 192.495 is amended to read:
192.495. Notwithstanding { - ORS 192.501 to 192.505 - }
{ + sections 12 to 24 of this 2013 Act + } and except as
otherwise provided in ORS 192.496, public records that are more
than 25 years old shall be available for inspection.
SECTION 46. ORS 192.505 is amended to read:
192.505. If any public record contains material which is not
exempt under { - ORS 192.501 and 192.502 - } { + sections 12
to 24 of this 2013 Act + }, as well as material which is exempt
from disclosure, the public body shall separate the exempt and
nonexempt material and make the nonexempt material available for
examination.
SECTION 47. ORS 192.650 is amended to read:
192.650. (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 minutes or recording
must give a true reflection of the matters discussed at the
meeting and the views of the participants. All minutes or
recordings shall be available to the public within a reasonable
time after the meeting, and shall include at least the following
information:
(a) All members of the governing body present;
(b) All motions, proposals, resolutions, orders, ordinances and
measures proposed and their disposition;
(c) The results of all votes and, except for public bodies
consisting of more than 25 members unless requested by a member
of that body, the vote of each member by name;
(d) The substance of any discussion on any matter; and
(e) Subject to ORS 192.410 to 192.505 relating to public
records, a reference to any document discussed at the meeting.
(2) Minutes of executive sessions shall be kept in accordance
with subsection (1) of this section. However, the minutes of a
hearing held under ORS 332.061 shall contain only the material
not excluded under ORS 332.061 (2). Instead of written minutes, a
record of any executive session may be kept in the form of a
sound or video tape or digital recording, which need not be
transcribed unless otherwise provided by law. If the disclosure
of certain material is inconsistent with the purpose for which a
meeting under ORS 192.660 is authorized to be held, that material
may be excluded from disclosure. However, excluded materials are
authorized to be examined privately by a court in any legal
action and the court shall determine their admissibility.
(3) A reference in minutes or a recording to a document
discussed at a meeting of a governing body of a public body does
not affect the status of the document under ORS 192.410 to
192.505.
{ - (4) A public body may charge a person a fee under ORS
192.440 for the preparation of a transcript from a recording. - }
SECTION 48. ORS 209.270 is amended to read:
209.270. (1) The records of the county surveyor shall be
located in county facilities designated by the county governing
body.
(2) The county surveyor shall be provided reasonable facilities
for the proper filing, indexing, copying, public inspection and
examination and protection of public records { - as required
under ORS 192.430 and 192.440 - } .
SECTION 49. ORS 243.960 is amended to read:
243.960. All information submitted to the Public Safety
Memorial Fund Board by an applicant is a public record under ORS
192.410 { + to 192.505 + } and is open to public inspection
unless the board determines that the information should be kept
confidential.
SECTION 50. ORS 268.357 is amended to read:
268.357. Subject to the provisions of a district charter, a
district may impose and collect reasonable fees based on market
prices or competitive bids for geographic data that have
commercial value and are an entire formula, pattern, compilation,
program, device, method, technique, process, database or system
developed with a significant expenditure of public funds. A
district may enter into agreements with private persons or
entities to assist with marketing such products. Notwithstanding
any other provision of law, district software product programming
source codes, object codes and geographic databases or systems
are confidential and exempt from public disclosure under
{ - ORS 192.502 - } { + sections 12 to 24 of this 2013 Act + }.
Nothing in this section authorizes a district to restrict access
to public records through inclusion of such records in a
geographic database or system.
SECTION 51. ORS 279B.055 is amended to read:
279B.055. (1) A contracting agency may solicit and award a
public contract for goods or services, or may award multiple
public contracts for goods or services when specified in the
invitation to bid, by competitive sealed bidding.
(2) The contracting agency shall issue an invitation to bid,
which must:
(a) Specify a time and date by which the bids must be received
and a place at which the bids must be submitted. The contracting
agency, in the contracting agency's sole discretion, may receive
bids by electronic means or direct or permit a bidder to submit
bids by electronic means.
(b) Specify the name and title of the person designated to
receive bids and the person the contracting agency designates as
the contact person for the procurement, if different.
(c) Describe the procurement. In the description, the
contracting agency shall identify the scope of work included
within the procurement, outline the contractor's anticipated
duties and set expectations for the contractor's performance.
Unless the contracting agency for good cause specifies otherwise,
the scope of work shall require the contractor to meet the
highest standards prevalent in the industry or business most
closely involved in providing the appropriate goods or services.
(d) Specify a time, date and place for prequalification
applications, if any, to be filed and the classes of work, if
any, for which bidders must be prequalified in accordance with
ORS 279B.120.
(e) State that the contracting agency may cancel the
procurement or reject any or all bids in accordance with ORS
279B.100.
(f) State that 'Contractors shall use recyclable products to
the maximum extent economically feasible in the performance of
the contract work set forth in this document.' if a state
contracting agency issues the invitation to bid.
(g) Require the contractor or subcontractor to possess an
asbestos abatement license, if required under ORS 468A.710.
(h) Include all contractual terms and conditions applicable to
the procurement. The contract terms and conditions shall specify
clear consequences for a contractor's failure to perform the
scope of work identified in the invitation to bid or the
contractor's failure to meet established performance standards.
The consequences may include, but are not limited to:
(A) Reducing or withholding payment;
(B) Requiring the contractor to perform, at the contractor's
expense, additional work necessary to perform the identified
scope of work or meet the established performance standards; or
(C) Declaring a default, terminating the public contract and
seeking damages and other relief available under the terms of the
public contract or other applicable law.
(3)(a) The contracting agency may require bid security if the
contracting agency determines that bid security is reasonably
necessary or prudent to protect the interests of the contracting
agency.
(b) The contracting agency shall return the bid security to all
bidders upon the execution of the contract.
(c) The contracting agency shall retain the bid security if a
bidder who is awarded a contract fails to promptly and properly
execute the contract. For purposes of this paragraph, prompt and
proper execution of the contract includes all action by a bidder
that is necessary to form a contract in accordance with the
invitation to bid, including posting performance security and
submitting proof of insurance when the invitation to bid requires
the submission.
(4)(a) The contracting agency shall give public notice of an
invitation to bid issued under this section. Public notice is
intended to foster competition among prospective bidders. The
contracting agency shall make invitations to bid available to
prospective bidders.
(b) A public notice must be published at least once in at least
one newspaper of general circulation in the area where the
contract is to be performed and in as many additional issues and
publications as the contracting agency may determine.
(c) The Director of the Oregon Department of Administrative
Services or a local contract review board may, by rule or order,
authorize public notice of bids or proposals to be published
electronically instead of in a newspaper of general circulation
if the director or board determines that electronically providing
public notice of bids or proposals is likely to be
cost-effective.
(d) In addition to the modes of publication authorized by
paragraphs (b) and (c) of this subsection, the contracting agency
may use any other medium reasonably calculated to reach
prospective bidders or proposers.
(e) Rules adopted under ORS 279A.065 must prescribe the
requirements for providing public notice of solicitations.
(f) Unless otherwise specified in rules adopted under ORS
279A.065, the contracting agency shall give public notice at
least seven days before the solicitation closing date.
(5)(a) The contracting agency shall open bids publicly at the
time, date and place designated in the invitation to bid. When
authorized by, and in accordance with, rules adopted under ORS
279A.065, bids may be submitted, received and opened through
electronic means.
(b) The contracting agency shall record the amount of a bid,
the name of the bidder and other relevant information specified
by rule adopted under ORS 279A.065. The record shall be open to
public inspection.
(c) Notwithstanding a requirement to make bids open to public
inspection after the contracting agency issues notice of intent
to award a contract, a contracting agency may withhold from
disclosure to the public trade secrets { - , as defined in ORS
192.501, and - } { + or other + } information { - submitted
to a public body in confidence, as described in ORS 192.502, that
are - } { + that is + } contained in a bid { + submitted to a
public body and exempt from disclosure under sections 12 to 24 of
this 2013 Act + }.
(6)(a) The contracting agency shall evaluate all bids that are
received before the time and date indicated for bid opening in
the invitation to bid. The contracting agency shall evaluate the
bids based on the requirements set forth in the invitation to
bid. The requirements may include, in addition to the
information described in subsection (2) of this section, criteria
to determine minimum acceptability, such as inspection, testing,
quality and suitability for intended use or purpose. Criteria
that will affect the bid price and will be considered in
evaluation for award including, but not limited to, discounts,
transportation costs and total costs of ownership or operation of
a product over the life of the product must be objectively
measurable. The invitation to bid must set forth the evaluation
criteria to be used. No criteria may be used in a bid evaluation
that are not set forth in the invitation to bid or in a qualified
products list maintained under ORS 279B.115. The contracting
agency may not consider for award bids received after the time
and date indicated for bid opening in the invitation to bid. The
contracting agency may retain bids or copies of bids received
after the bid time and date indicated in the invitation to bid.
(b) The contracting agency shall, for the purpose of evaluating
bids, apply any applicable preference described in ORS 279A.120,
279A.125 or 282.210.
(7) Rules adopted under ORS 279A.065 must provide for and
regulate the correction and withdrawal of bids before and after
bid opening and the cancellation of awards or contracts based on
bid mistakes. After bid opening, changes in bids prejudicial to
the interests of the public or fair competition are not
permitted. A contracting agency that permits a bidder to correct
or withdraw a bid or that cancels an award or a contract based on
bid mistakes, shall support the decision with a written
determination that states the reasons for the action taken.
(8) The cancellation of invitations to bid and the rejection of
bids must be in accordance with ORS 279B.100.
(9) The contracting agency shall, in accordance with ORS
279B.135, issue to each bidder or shall post, electronically or
otherwise, a notice of intent to award.
(10) If a contracting agency awards a contract, the contracting
agency shall award the contract:
(a) To the lowest responsible bidder whose bid substantially
complies with the requirements and criteria set forth in the
invitation to bid and with all prescribed public procurement
procedures and requirements; or
(b) If the invitation to bid specifies or authorizes the award
of multiple contracts, to the responsible bidders:
(A) Whose bids substantially comply with the requirements and
criteria set forth in the invitation to bid and with all
prescribed public procurement procedures and requirements; and
(B) Who qualify for the award of a public contract under the
terms of the invitation to bid.
(11) The successful bidder shall promptly execute a contract.
The successful bidder's duty to promptly execute a contract
includes the duty to take all action that is necessary to form a
contract in accordance with the invitation to bid, including
posting performance security, submitting proof of insurance when
the invitation to bid requires the submission and agreeing to
perform the scope of work and meet the performance standards set
forth in the invitation to bid.
(12) If a contracting agency determines that preparing a
procurement description to support an award based on price is
impractical, the contracting agency may issue a multistep
invitation to bid that requests bidders to submit unpriced
submittals, and then later issue an invitation to bid limited to
the bidders that the contracting agency officer has determined
are eligible to submit a priced bid under the criteria set forth
in the initial solicitation of unpriced submittals.
(13) The contracting agency may issue a request for
information, a request for interest or other preliminary
documents to obtain information useful in preparing an invitation
to bid.
SECTION 52. ORS 279B.060 is amended to read:
279B.060. (1) A contracting agency may solicit and award a
public contract for goods or services, or may award multiple
public contracts for goods or services when specified in the
request for proposals, by requesting and evaluating competitive
sealed proposals.
(2) The request for proposals must:
(a) Specify a time and date by which sealed proposals must be
received, and a place at which the proposals must be submitted.
The contracting agency, in the contracting agency's sole
discretion, may receive proposals by electronic means or may
direct or permit proposers to submit proposals by electronic
means.
(b) Specify the name and title of the person designated to
receive proposals and the person the contracting agency
designates as the contact person for the procurement, if
different.
(c) Describe the procurement. In the description, the
contracting agency shall identify the scope of work included
within the procurement, outline the contractor's anticipated
duties and set expectations for the contractor's performance.
Unless the contractor is providing architectural, engineering,
photogrammetric mapping, transportation planning or land
surveying services or related services, as defined in ORS
279C.100, or unless the contracting agency for good cause
specifies otherwise, the scope of work shall require the
contractor to meet the highest standards prevalent in the
industry or business most closely involved in providing the
appropriate goods or services.
(d) Specify a time, date and place for prequalification
applications, if any, to be filed and the classes of work, if
any, for which proposers must be prequalified in accordance with
ORS 279B.120.
(e) State that the contracting agency may cancel the
procurement or reject any or all proposals in accordance with ORS
279B.100.
(f) State that 'Contractors shall use recyclable products to
the maximum extent economically feasible in the performance of
the contract work set forth in this document.' if a state
contracting agency issues the request for proposals.
(g) Require the contractor or subcontractor to possess an
asbestos abatement license, if required under ORS 468A.710.
(h) Include all contractual terms and conditions applicable to
the procurement. The contract terms and conditions shall specify
clear consequences for a contractor's failure to perform the
scope of work identified in the request for proposals or the
contractor's failure to meet established performance standards.
The consequences may include, but are not limited to:
(A) Reducing or withholding payment;
(B) Requiring the contractor to perform, at the contractor's
expense, additional work necessary to perform the identified
scope of work or meet the established performance standards; or
(C) Declaring a default, terminating the public contract and
seeking damages and other relief available under the terms of the
public contract or other applicable law.
(3) The request for proposals also may:
(a) Identify contractual terms or conditions that the
contracting agency reserves, in the request for proposals, for
negotiation with proposers;
(b) Request that proposers propose contractual terms and
conditions that relate to subject matter reasonably identified in
the request for proposals;
(c) Contain or incorporate the form and content of the contract
that the contracting agency will accept, or suggest contract
terms and conditions that nevertheless may be the subject of
negotiations with proposers;
(d) Announce the method the contracting agency will use to
select the contractor, which may include, but is not limited to,
negotiating with the highest ranked proposer, competitive
negotiations, a multiple-tiered competition that is designed to
identify a class of proposers that fall within a competitive
range or to otherwise eliminate from consideration a class of
lower ranked proposers or a combination of methods, as authorized
or prescribed by rules adopted under ORS 279A.065; and
(e) Describe the manner in which the contracting agency will
evaluate proposals, identifying the relative importance of price
and other factors the contracting agency will use to evaluate and
rate the proposals in the first tier of competition. If the
contracting agency uses more than one tier of competitive
evaluation, the request for proposals must describe the process
the contracting agency will use to evaluate proposals in the
subsequent tiers.
(4)(a) The contracting agency may require proposal security in
any form the contracting agency deems prudent. Proposal security
shall serve the same function with respect to requests for
proposals as bid security serves with respect to invitations to
bid under ORS 279B.055.
(b) The contracting agency shall return the proposal security
to all proposers upon the execution of the contract.
(c) The contracting agency shall retain the proposal security
if a proposer who is awarded a contract fails to promptly and
properly execute the contract. For purposes of this paragraph,
prompt and proper execution of the contract includes all action
by a proposer that is necessary to form a contract in accordance
with the request for proposals, including posting performance
security and submitting proof of insurance when the request for
proposals requires the submission. If contract negotiations or
competitive negotiations are conducted, the failure, prior to
award, of a contracting agency and a proposer to reach agreement
does not constitute grounds for retaining proposal security.
(5) Public notice of the request for proposals must be given in
the same manner as provided for public notice of invitations to
bid in ORS 279B.055 (4).
(6)(a) Notwithstanding ORS 192.410 to 192.505, proposals may be
opened in a manner to avoid disclosing contents to competing
proposers during, when applicable, the process of negotiation,
but the contracting agency shall record and make available the
identity of all proposers as part of the contracting agency's
public records after the proposals are opened. Notwithstanding
ORS 192.410 to 192.505, proposals are not required to be open for
public inspection until after the notice of intent to award a
contract is issued. The fact that proposals are opened at a
meeting, as defined in ORS 192.610, does not make the contents of
the proposals subject to disclosure, regardless of whether the
public body opening the proposals fails to give notice of or
provide for an executive session for the purpose of opening
proposals.
(b) Notwithstanding a requirement to make proposals open to
public inspection after the contracting agency issues notice of
intent to award a contract, a contracting agency may withhold
from disclosure to the public materials included in a proposal
that are exempt or conditionally exempt from disclosure under
{ - ORS 192.501 or 192.502 - } { + sections 12 to 24 of this
2013 Act + }.
(c) If a request for proposals is canceled under ORS 279B.100
after proposals are received or if a proposal is rejected, the
contracting agency may return a proposal to the proposer that
made the proposal. The contracting agency shall keep a list of
returned proposals in the file for the solicitation.
(7) As provided in the request for proposals or in written
addenda issued thereunder, the contracting agency may conduct
site tours, demonstrations, individual or group discussions and
other informational activities with proposers before or after the
opening of proposals for the purpose of clarification to ensure
full understanding of, and responsiveness to, the solicitation
requirements or to consider and respond to requests for
modifications of the proposal requirements. The contracting
agency shall use procedures designed to accord proposers fair and
equal treatment with respect to any opportunity for discussion
and revision of proposals.
(8) For purposes of evaluation, when provided for in the
request for proposals, the contracting agency may employ methods
of contractor selection that include, but are not limited to:
(a) An award or awards based solely on the ranking of
proposals;
(b) Discussions leading to best and final offers, in which the
contracting agency may not disclose private discussions leading
to best and final offers;
(c) Discussions leading to best and final offers, in which the
contracting agency may not disclose information derived from
proposals submitted by competing proposers;
(d) Serial negotiations, beginning with the highest ranked
proposer;
(e) Competitive simultaneous negotiations;
(f) Multiple-tiered competition designed to identify, at each
level, a class of proposers that fall within a competitive range
or to otherwise eliminate from consideration a class of lower
ranked proposers;
(g) A multistep request for proposals requesting the submission
of unpriced technical submittals, and then later issuing a
request for proposals limited to the proposers whose technical
submittals the contracting agency had determined to be qualified
under the criteria set forth in the initial request for
proposals; or
(h) A combination of methods described in this subsection, as
authorized or prescribed by rules adopted under ORS 279A.065.
(9) Revisions of proposals may be permitted after the
submission of proposals and before award for the purpose of
obtaining best offers or best and final offers.
(10) After the opening of proposals, a contracting agency may
issue or electronically post an addendum to the request for
proposals that modifies the criteria, rating process and
procedure for any tier of competition before the start of the
tier to which the addendum applies. The contracting agency shall
send an addendum that is issued by a method other than electronic
posting to all proposers who are eligible to compete under the
addendum. The contracting agency shall issue or post the
addendum at least five days before the start of the subject tier
of competition or as the contracting agency otherwise determines
is adequate to allow eligible proposers to prepare for the
competition in accordance with rules adopted under ORS 279A.065.
(11) The cancellation of requests for proposals and the
rejection of proposals must be in accordance with ORS 279B.100.
(12) In the request for proposals, the contracting agency shall
describe the methods by which the agency will make the results of
each tier of competitive evaluation available to the proposers
who competed in the tier. The contracting agency shall include a
description of the manner in which the proposers who are
eliminated from further competition may protest or otherwise
object to the contracting agency's decision.
(13) The contracting agency shall issue or electronically post
the notice of intent to award described in ORS 279B.135 to each
proposer who was evaluated in the final competitive tier.
(14) If the contracting agency awards a contract, the
contracting agency shall award the contract to the responsible
proposer whose proposal the contracting agency determines in
writing is the most advantageous to the contracting agency based
on the evaluation process and evaluation factors described in the
request for proposals, applicable preferences described in ORS
279A.120 and 279A.125 and, when applicable, the outcome of any
negotiations authorized by the request for proposals. Other
factors may not be used in the evaluation. When the request for
proposals specifies or authorizes awarding multiple public
contracts, the contracting agency shall award public contracts to
the responsible proposers who qualify for the award of a contract
under the terms of the request for proposals.
(15) The contracting agency may issue a request for
information, a request for interest, a request for qualifications
or other preliminary documents to obtain information useful in
preparing a request for proposals.
(16) Before executing a contract solicited under this section,
a contracting agency shall obtain the proposer's agreement to
perform the scope of work and meet the performance standards set
forth in the final negotiated scope of work.
SECTION 53. ORS 279C.107 is amended to read:
279C.107. (1) Notwithstanding the public records law, ORS
192.410 to 192.505, if a contracting agency solicits a contract
for architectural, engineering, photogrammetric mapping,
transportation planning or land surveying services or related
services by a competitive proposal:
(a) The contracting agency may open proposals so as to avoid
disclosing contents to competing proposers during, when
applicable, the process of negotiation.
(b) The contracting agency need not open proposals for public
inspection until after the contracting agency executes a
contract.
(2) Notwithstanding any requirement to open proposals to public
inspection after the contracting agency executes a contract, a
contracting agency shall withhold from disclosure to the public
trade secrets { - , as defined in ORS 192.501, and information
submitted to a public body in confidence, as described in ORS
192.502, that are - } { + or other information that is + }
contained in a proposal { + submitted to a public body and
exempt from disclosure under sections 12 to 24 of this 2013
Act + }. Opening a proposal at a public meeting, as defined in
ORS 192.610, does not make the contents of the proposal subject
to disclosure, regardless of whether the public body that opens
the proposal fails to give notice of or provide for an executive
session for the purpose of opening proposals. If a request for
proposals is canceled after proposals are received, the
contracting agency shall, subject to { - ORS 192.501 and
192.502 - } { + sections 12 to 24 of this 2013 Act + }, return
a proposal and all copies of the proposal to the proposer that
made the proposal. The contracting agency shall keep a list of
returned proposals in the file for the solicitation.
SECTION 54. ORS 279C.410 is amended to read:
279C.410. (1) Notwithstanding the public records law, ORS
192.410 to 192.505:
(a) Proposals may be opened so as to avoid disclosure of
contents to competing proposers during, when applicable, the
process of negotiation.
(b) Proposals are not required to be open for public inspection
until after the notice of intent to award a contract is issued.
(2) For each request for proposals, the contracting agency
shall prepare a list of proposals.
(3) Notwithstanding any requirement to make proposals open to
public inspection after the contracting agency's issuance of
notice of intent to award a contract, a contracting agency may
withhold from disclosure to the public trade secrets { - , as
defined in ORS 192.501, and information submitted to a public
body in confidence, as described in ORS 192.502, that are - }
{ + or other information that is + } contained in a proposal
{ + submitted to a public body and exempt from disclosure under
sections 12 to 24 of this 2013 Act + }. The fact that proposals
are opened at a public meeting as defined in ORS 192.610 does not
make their contents subject to disclosure, regardless of whether
the public body opening the proposals fails to give notice of or
provide for an executive session for the purpose of opening
proposals. If a request for proposals is canceled after proposals
are received, the contracting agency may return a proposal to the
proposer that made the proposal. The contracting agency shall
keep a list of returned proposals in the file for the
solicitation.
(4) As provided in the request for proposals, a contracting
agency may conduct discussions with proposers who submit
proposals the agency has determined to be closely competitive or
to have a reasonable chance of being selected for award. The
discussions may be conducted for the purpose of clarification to
ensure full understanding of, and responsiveness to, the
solicitation requirements. The contracting agency shall accord
proposers fair and equal treatment with respect to any
opportunity for discussion and revision of proposals. Revisions
of proposals may be permitted after the submission of proposals
and before award for the purpose of obtaining best and final
offers. In conducting discussions, the contracting agency may not
disclose information derived from proposals submitted by
competing proposers.
(5) When provided for in the request for proposals, the
contracting agency may employ methods of contractor selection
including but not limited to award based solely on the ranking of
proposals, negotiation with the highest ranked proposer,
competitive negotiations, multiple-tiered competition designed to
identify a class of proposers that fall within a competitive
range or to otherwise eliminate from consideration a class of
lower ranked proposers, or any combination of methods, as
authorized or prescribed by rules adopted under ORS 279A.065.
When applicable, in any instance in which the contracting agency
determines that impasse has been reached in negotiations with a
highest ranked proposer, the contracting agency may terminate
negotiations with that proposer and commence negotiations with
the next highest ranked proposer.
(6) The cancellation of requests for proposals and the
rejection of proposals shall be in accordance with ORS 279C.395.
(7) At least seven days before the award of a public
improvement contract, unless the contracting agency determines
that seven days is impractical under rules adopted under ORS
279A.065, the contracting agency shall issue to each proposer or
post, electronically or otherwise, a notice of intent to award.
(8) If a public improvement contract is awarded, the
contracting agency shall award a public improvement contract to
the responsible proposer whose proposal is determined in writing
to be the most advantageous to the contracting agency based on
the evaluation factors set forth in the request for proposals
and, when applicable, the outcome of any negotiations authorized
by the request for proposals. Other factors may not be used in
the evaluation.
SECTION 55. ORS 285C.145 is amended to read:
285C.145. (1) The Legislative Assembly finds that the standard
procedure for authorization in an enterprise zone inappropriately
deters development or redevelopment of qualified buildings on
speculation for subsequent sale or lease to eligible business
firms.
(2) Notwithstanding ORS 285C.140 (1), a new building or
structure or an addition to or modification of an existing
building or structure may qualify for the exemption allowed under
ORS 285C.175 if the qualified property is leased or sold by an
unrelated party to one or more authorized business firms after
commencement of the construction, addition or modification but
prior to use or occupancy of the qualified property.
(3) A business firm may not be considered authorized and is not
qualified for the exemption allowed under ORS 285C.175 if the
county assessor discovers prior to initially granting the
exemption that the application for authorization was not
submitted by the business firm in a timely manner in accordance
with ORS 285C.140, except as allowed under subsection (2) of this
section or ORS 285C.140 (11) and (12).
(4) Records, communications or information submitted to a
public body by a business firm for purposes of ORS 285C.050 to
285C.250 that identify a particular qualified property, that
reveal investment plans prior to authorization, that include the
compensation the firm provides to firm employees { - , that are
described in ORS 192.502 (17) - } or that are submitted under
ORS 285C.225 or 285C.235 are exempt from disclosure under
{ - ORS 192.410 to 192.505 - } { + sections 12 to 24 of this
2013 Act + } and, as appropriate, shall be shared among the
county assessor, the zone sponsor, the Department of Revenue and
the Oregon Business Development Department.
SECTION 56. ORS 287A.350 is amended to read:
287A.350. The records of registered bond ownership, whether
maintained by a public body or otherwise, are not public records
within the meaning of ORS 192.410 { - (4) - } .
SECTION 57. ORS 305.493 is amended to read:
305.493. (1) The judge of the tax court elected or appointed
under ORS 305.452 may establish a fee for comparing, or for
preparing and comparing, a transcript of the record. The fee
established under this subsection may not exceed the fees charged
and collected by the clerks of the circuit court.
(2)(a) The Chief Justice of the Supreme Court by order may
establish fees for copies of tax court records, for services
relating to those records and for other services that the tax
court, the clerk of the tax court or the State Court
Administrator acting as court administrator for the tax court is
authorized or required to perform.
(b) The Chief Justice may not establish:
(A) A fee for the location or inspection of court records; or
(B) A fee for a service under this subsection if the fee is
otherwise specified by statute.
(3) The fee established by the Chief Justice under subsection
(2) of this section for paper copies of records may not exceed 25
cents per page, except for records for which additional services
are required. { - If additional services are required, fees for
providing the records are subject to ORS 192.440. - }
SECTION 58. ORS 312.030 is amended to read:
312.030. (1) Within two months after the day of delinquency of
taxes of each year the tax collector shall prepare a list of all
real properties then subject to foreclosure. The list shall be
known as the foreclosure list and shall contain:
(a) The names of the several persons appearing in the latest
tax roll as the respective owners of tax-delinquent properties.
{ - If the owner of the property is an attorney or public
safety officer who has applied for an exemption under ORS
192.501, the list shall state that the name of the owner is
suppressed by law. - }
(b) A description of each such property as it appears in the
latest tax roll.
(c) The year or years for which taxes are delinquent on each
property.
(d) The principal amount of the delinquent taxes of each year
and the amount of accrued and accruing interest thereon to the
day of publication.
(2) Thereafter, and until judgment is obtained pursuant to ORS
312.090, interest shall be charged and collected on each of the
several amounts of taxes included in the foreclosure list at the
rate provided in ORS 311.505 (2).
SECTION 59. ORS 312.190 is amended to read:
312.190. Subject to an exemption from disclosure that applies
under { - ORS 192.501 - } { + sections 12 to 24 of this 2013
Act + }:
(1) Not more than 30 days nor less than 10 days prior to the
expiration of the period of redemption of any real property
ordered sold to the county under a judgment under ORS 312.100,
the tax collector shall publish a general notice relative to the
expiration of the period of redemption.
(2) The notice shall contain the date of the judgment, the date
of expiration of the period of redemption, and warning to the
effect that all the properties ordered sold under the judgment,
unless sooner redeemed, will be deeded to the county immediately
on expiration of the period of redemption and that every right or
interest of any person in the properties will be forfeited
forever to the county.
(3) The notice shall be published in two weekly issues of a
duly designated newspaper of general circulation in the county
within the period of 20 days as specified in this section. Proof
of publication shall be attached to and made a part of the deed
issued to the county. The published notice may be a general
notice and it shall not be necessary to include therein
descriptions of the several properties or the names of the
respective owners.
SECTION 60. ORS 339.388, as amended by section 4, chapter 92,
Oregon Laws 2012, is amended to read:
339.388. (1)(a) A school employee having reasonable cause to
believe that a child with whom the employee comes in contact has
suffered abuse by another school employee or by a student, or
that another school employee or a student with whom the employee
comes in contact has abused a child, shall immediately report the
information to:
(A) The person designated in the policy adopted under ORS
339.372; and
(B) A law enforcement agency, the Department of Human Services
or a designee of the department as required by ORS 419B.010 and
419B.015.
(b) A school employee having reasonable cause to believe that a
student with whom the employee comes in contact has been
subjected to sexual conduct by another school employee, or that
another school employee with whom the employee comes in contact
has engaged in sexual conduct, shall immediately report the
information to the person designated in the policy adopted under
ORS 339.372.
(2) A person who receives a report under subsection (1) of this
section shall follow the procedures required by the policy
adopted by the school board under ORS 339.372.
(3)(a) Except as provided in subsection (4) of this section,
when an education provider receives a report of suspected abuse
or sexual conduct by one of its employees, and the education
provider's designee determines that there is reasonable cause to
support the report, the education provider:
(A) In the case of suspected abuse, shall place the school
employee on paid administrative leave; or
(B) In the case of suspected sexual conduct, may place the
school employee on paid administrative leave or in a position
that does not involve direct, unsupervised contact with children.
(b) A school employee who is placed on paid administrative
leave under paragraph (a)(A) of this subsection shall remain on
administrative leave until:
(A) The Department of Human Services or a law enforcement
agency determines that the report cannot be substantiated or that
the report will not be pursued; or
(B) The Department of Human Services or a law enforcement
agency determines that the report is substantiated and the
education provider takes the appropriate disciplinary action
against the school employee.
(4) An education provider may reinstate a school employee
placed on paid administrative leave for suspected abuse as
provided under subsection (3) of this section or may take the
appropriate disciplinary action against the employee if the
Department of Human Services or a law enforcement agency is
unable to determine, based on a report of suspected abuse,
whether abuse occurred.
(5) If, following an investigation, an education provider
determines that a report of suspected abuse or sexual conduct by
a school employee is a substantiated report, the education
provider shall:
(a) Inform the school employee that the education provider has
determined that the report has been substantiated.
(b) Provide the school employee with information about the
appropriate appeal process for the determination made by the
education provider. The appeal process may be the process
provided by a collective bargaining agreement or a process
administered by a neutral third party and paid for by the school
district.
(c) Following notice of a school employee's decision not to
appeal the determination or following the determination of an
appeal that sustained the substantiated report, create a record
of the substantiated report and place the record in the personnel
file of the school employee. Records created pursuant to this
paragraph are confidential and are not public records as defined
in ORS 192.410. An education provider may use the record as a
basis for providing the information required to be disclosed
under ORS 339.378.
(d) Inform the school employee that information about
substantiated reports may be disclosed to a potential employer as
provided by subsection (7) of this section and ORS 339.378.
(6) Upon request from a law enforcement agency, the Department
of Human Services or the Teacher Standards and Practices
Commission, a school district shall provide the records of
investigations of suspected abuse by a school employee or former
school employee.
(7)(a) The disciplinary records of a school employee or former
school employee convicted of a crime listed in ORS 342.143 are
not exempt from disclosure under { - ORS 192.501 or 192.502 - }
{ + sections 12 to 24 of this 2013 Act + }.
(b) If a school employee is convicted of a crime listed in ORS
342.143, the education provider that is the employer of the
employee shall disclose the disciplinary records of the employee
to any person upon request.
(c) If a former school employee is convicted of a crime listed
in ORS 342.143, the education provider that was the employer of
the former employee when the crime was committed shall disclose
the disciplinary records of the former employee to any person
upon request.
(8) Prior to disclosure of a disciplinary record under
subsection (7) of this section, an education provider shall
remove any personally identifiable information from the record
that would disclose the identity of a child, a crime victim or a
school employee or former school employee who is not the subject
of the disciplinary record.
SECTION 61. ORS 341.290 is amended to read:
341.290. The board of education of a community college district
shall be responsible for the general supervision and control of
any and all community colleges operated by the district.
Consistent with any applicable rules of the State Board of
Education, the board may:
(1) Subject to ORS chapters 238 and 238A, employ administrative
officers, professional personnel and other employees, define
their duties, terms and conditions of employment and prescribe
compensation therefor, pursuant to ORS 243.650 to 243.782.
(2) Enact rules for the government of the community college,
including professional personnel and other employees thereof and
students therein.
(3) Prescribe the educational program.
(4) Control use of and access to the grounds, buildings, books,
equipment and other property of the district.
(5) Acquire, receive, hold, control, convey, sell, manage,
operate, lease, lease-purchase, lend, invest, improve and develop
any and all property of whatever nature given to or appropriated
for the use, support or benefit of any activity under the control
of the board, according to the terms and conditions of such gift
or appropriation.
(6) Purchase real property upon a contractual basis when the
period of time allowed for payment under the contract does not
exceed 30 years.
(7) Fix standards of admission to the community college,
prescribe and collect tuition for admission to the community
college, including fixing different tuition rates for students
who reside in the district, students who do not reside in the
district but are residents of the state and students who do not
reside in the state.
(8) Prescribe and collect fees and expend funds so raised for
special programs and services for the students and for programs
for the cultural and physical development of the students.
(9) Provide and disseminate to the public information relating
to the program, operation and finances of the community college.
(10) Establish or contract for advisory and consultant
services.
(11) Take, hold and dispose of mortgages on real and personal
property acquired by way of gift or arising out of transactions
entered into in accordance with the powers, duties and authority
of the board and institute, maintain and participate in suits and
actions and other judicial proceedings in the name of the
district for the foreclosure of such mortgages.
(12) Maintain programs, services and facilities, and, in
connection therewith, cooperate and enter into agreements with
any person or public or private agency.
(13) Provide student services including health, guidance,
counseling and placement services, and contract therefor.
(14) Join appropriate associations and pay any required dues
therefor from resources of the district.
(15) Apply for federal funds and accept and enter into any
contracts or agreements for the receipt of such funds from the
federal government or its agencies for educational purposes.
(16) Exercise any other power, duty or responsibility necessary
to carry out the functions under this section or required by law.
(17) Prescribe rules for the use and access to public records
of the district that are consistent with { - ORS 192.420 - }
{ + ORS 192.410 to 192.505 + }, and education records of
students under applicable state and federal law and rules of the
State Board of Education. Whenever a student has attained 18
years of age or is attending an institution of post-secondary
education, the permission or consent required of and the rights
accorded to a parent of the student regarding education records
shall thereafter be required of and accorded to only the student.
However, faculty records relating to matters such as conduct,
personal and academic evaluations, disciplinary actions, if any,
and other personal matters shall not be made available to public
inspection for any purpose except with the consent of the person
who is the subject of the record or upon order of a court of
competent jurisdiction.
(18) Enter into contracts for the receipt of cash or property,
or both, and establish charitable gift annuities pursuant to ORS
731.038; and, commit, appropriate, authorize and budget for the
payment of or other disposition of general funds to pay, in whole
or in part, sums due under an agreement for a charitable gift
annuity, and to provide the necessary funding for reserves or
other trust funds pursuant to ORS 731.038.
(19) Encourage gifts to the district by faithfully devoting the
proceeds of such gifts to the district purposes for which
intended.
(20) Build, furnish, equip, repair, lease, purchase and raze
facilities; and locate, buy and acquire lands for all district
purposes. Financing may be by any prudent method including but
not limited to loans, contract purchase or lease. Leases
authorized by this section include lease-purchase agreements
under which the district may acquire ownership of the leased
property at a nominal price. Such financing agreements may be for
a term of up to 30 years except for lease arrangements which may
be for a term of up to 50 years.
(21) Participate in an educational consortium with public and
private institutions that offer upper division and graduate
instruction. Community colleges engaged in such consortiums may
expend money, provide facilities and assign staff to assist those
institutions offering upper division and graduate instruction.
(22) Enter into contracts of insurance or medical and hospital
service contracts or may operate a self-insurance program as
provided in ORS 341.312.
SECTION 62. ORS 351.065 is amended to read:
351.065. (1) The State Board of Higher Education may, for each
public university or office, department or activity under its
control, adopt rules and specific orders by or through the
president of each public university governing access to personnel
records of the public university or office, department or
activity that are less than 25 years old.
(2) Rules adopted under subsection (1) of this section shall
require that personnel records be subjected to restrictions on
access unless upon a finding by the president of the public
university that the public interest in maintaining individual
rights to privacy in an adequate educational environment would
not suffer by disclosure of such records. Access to such records
may be limited to designated classes of information or persons,
or to stated times and conditions, or to both, but cannot be
limited for records more than 25 years old.
(3) No rule or order promulgated pursuant to this section shall
deny to a faculty member full access to the member's personnel
file or records kept by the board or its public universities or
offices, departments or activities, except as provided in
subsections (7) and (8) of this section.
(4) The number of files relating to the evaluation of a faculty
member shall be limited to three, to be kept in designated,
available locations.
(5) Any evaluation received by telephone shall be documented in
each of the faculty member's files by means of a written summary
of the conversation with the names of the conversants identified.
(6) A faculty member shall be entitled to submit, for placement
in the three files, evidence rebutting, correcting, amplifying or
explaining any document contained therein and other material that
the member believes might be of assistance in the evaluation
process.
(7) Letters and other information submitted in confidence to
the board or its public universities, offices, departments or
activities prior to July 1, 1975, shall be maintained in the
files designated. However, if a faculty member requests access to
those files, the anonymity of the contributor of letters and
other information obtained prior to July 1, 1975, shall be
protected. The full text shall be made available except that
portions of the text that would serve to identify the contributor
shall be excised by a faculty committee. Only the names of the
contributors and the excised portions of the documents may be
kept in a file other than the three prescribed by subsection (4)
of this section.
(8) Confidential letters and other information submitted to or
solicited after July 1, 1975, by the board or its public
universities, offices, departments or activities prior to the
employment of a prospective faculty member are exempt from the
provisions of this section. However, if the member is employed by
the board or its public universities, offices, departments or
activities, the confidential preemployment materials shall be
placed in the three authorized files. If a faculty member
requests access to the member's files, the anonymity of the
contributor of confidential preemployment letters and other
preemployment information shall be protected. The full text shall
be made available, except that portions of the text that would
serve to identify the contributor shall be excised and retained
in a file other than the three designated in subsection (4) of
this section.
(9) Classroom survey evaluation by students of a faculty
member's classroom or laboratory performance shall be anonymous.
The record of tabulated reports shall be placed in at least one
of the files designated in subsection (4) of this section. All
survey instruments used to obtain evaluation data shall be
returned to the faculty member.
(10) After July 1, 1975, the board and its public universities,
offices, departments or activities, when evaluating its employed
faculty members, may not solicit or accept letters, documents or
other materials, given orally or in written form, from
individuals or groups who wish their identity kept anonymous or
the information they provide kept confidential.
(11) No rule or order promulgated pursuant to this section
limits the authority of the public universities, offices,
departments or activities under the control of the board to
prepare, without identification of individual persons who have
not consented thereto, statistical or demographic reports from
personnel records.
(12) Any category of personnel records specifically designated
as confidential pursuant to valid rules or orders pursuant to
this section is not a public record { - for the purposes of ORS
192.420 - } { + under ORS 192.410 to 192.505 + }.
(13) As used in this section, 'personnel records' means records
containing information kept by the public university, office,
department or activity concerning a faculty member and furnished
by the faculty member or by others about the faculty member at
the request of the faculty member or the public university,
office, department or activity, including, but not limited to,
information concerning discipline, membership activity,
employment performance or other personal records of individual
persons.
SECTION 63. ORS 353.260 is amended to read:
353.260. (1) Oregon Health and Science University may adopt
policies governing access to university personnel records that
are less than 25 years old.
(2) Policies adopted under subsection (1) of this section shall
require that personnel records be subjected to restrictions on
access unless the president of the university finds that the
public interest in maintaining individual rights to privacy in an
adequate educational environment would not suffer by disclosure
of such records. Access to such records may be limited to
designated classes of information or persons, or to stated times
and conditions, or to both, but cannot be limited for records
more than 25 years old.
(3) No rule or order adopted pursuant to this section shall
deny to a faculty member full access to the member's personnel
file or records kept by the university, except as provided in
subsection (4)(d) and (e) of this section.
(4)(a) The files relating to the evaluation of a faculty member
shall be kept in designated, available locations.
(b) Any evaluation received by telephone shall be documented in
each of the faculty member's files by means of a written summary
of the conversation with the names of the conversants identified.
(c) A faculty member shall be entitled to submit, for placement
in the files, evidence rebutting, correcting, amplifying or
explaining any document contained therein and other material that
the member believes might be of assistance in the evaluation
process.
(d) Letters and other information for a faculty member of the
university submitted in confidence to the State Board of Higher
Education or its public universities or offices, schools or
departments prior to July 1, 1975, shall be maintained in the
files designated by paragraph (a) of this subsection. However, if
a faculty member requests access to those files, the anonymity of
the contributor of letters and other information obtained prior
to July 1, 1975, shall be protected. The full text shall be made
available, except that portions of the text that would serve to
identify the contributor shall be excised by a faculty committee.
Only the names of the contributors and the excised portions of
the documents may be kept in a file other than the files
designated by paragraph (a) of this subsection.
(e) Confidential letters and other information submitted to or
solicited by the university after July 1, 1995, and prior to the
employment of a prospective faculty member are exempt from the
provisions of this paragraph. However, if the member is employed
by the university, the confidential preemployment materials shall
be placed in the files designated by paragraph (a) of this
subsection. If a faculty member requests access to the member's
files, the anonymity of the contributor of confidential
preemployment letters and other preemployment information shall
be protected. The full text shall be made available, except that
portions of the text that would serve to identify the contributor
shall be excised and retained in a file other than the files
designated by paragraph (a) of this subsection.
(f) Classroom survey evaluations by students of a faculty
member's classroom or laboratory performance shall be anonymous.
The record of tabulated reports shall be placed in at least one
of the files designated by paragraph (a) of this subsection. All
survey instruments used to obtain evaluation data shall be
returned to the faculty member.
(g) The university, when evaluating its employed faculty
members, shall not solicit or accept letters, documents or other
materials, given orally or in written form, from individuals or
groups who wish their identity kept anonymous or the information
they provide kept confidential.
(5) No policy or order adopted pursuant to this section limits
the authority of the university to prepare, without
identification of individual persons who have not consented
thereto, statistical or demographic reports from personnel
records.
(6) Any category of personnel records specifically designated
as confidential pursuant to valid policies or orders as provided
in this section shall not be deemed a public record { - for the
purposes of ORS 192.420 - } { + under ORS 192.410 to
192.505 + }.
(7) As used in this section, 'personnel records' means records
containing information kept by the university concerning a
faculty member and furnished by the faculty member or by others
about the faculty member at the member's or at the university's
request, including but not limited to information concerning
discipline, membership activity, employment performance or other
personal records of individual persons.
SECTION 64. ORS 358.905 is amended to read:
358.905. (1) As used in ORS { - 192.005, 192.501 to
192.505, - } 358.905 to 358.961 and 390.235:
(a) 'Archaeological object' means an object that:
(A) Is at least 75 years old;
(B) Is part of the physical record of an indigenous or other
culture found in the state or waters of the state; and
(C) Is material remains of past human life or activity that are
of archaeological significance including, but not limited to,
monuments, symbols, tools, facilities, technological by-products
and dietary by-products.
(b) 'Site of archaeological significance' means:
(A) Any archaeological site on, or eligible for inclusion on,
the National Register of Historic Places as determined in writing
by the State Historic Preservation Officer; or
(B) Any archaeological site that has been determined
significant in writing by an Indian tribe.
(c)(A) 'Archaeological site' means a geographic locality in
Oregon, including but not limited to submerged and submersible
lands and the bed of the sea within the state's jurisdiction,
that contains archaeological objects and the contextual
associations of the archaeological objects with:
(i) Each other; or
(ii) Biotic or geological remains or deposits.
(B) Examples of archaeological sites described in subparagraph
(A) of this paragraph include but are not limited to shipwrecks,
lithic quarries, house pit villages, camps, burials, lithic
scatters, homesteads and townsites.
(d) 'Indian tribe' has the meaning given that term in ORS
97.740.
(e) 'Burial' means any natural or prepared physical location
whether originally below, on or above the surface of the earth,
into which, as a part of a death rite or death ceremony of a
culture, human remains were deposited.
(f) 'Funerary objects' means any artifacts or objects that, as
part of a death rite or ceremony of a culture, are reasonably
believed to have been placed with individual human remains either
at the time of death or later.
(g) 'Human remains' means the physical remains of a human body,
including, but not limited to, bones, teeth, hair, ashes or
mummified or otherwise preserved soft tissues of an individual.
(h) 'Object of cultural patrimony':
(A) Means an object having ongoing historical, traditional or
cultural importance central to the native Indian group or culture
itself, rather than property owned by an individual native
Indian, and which, therefore, cannot be alienated, appropriated
or conveyed by an individual regardless of whether or not the
individual is a member of the Indian tribe. The object shall have
been considered inalienable by the native Indian group at the
time the object was separated from such group.
(B) Does not mean unassociated arrowheads, baskets or stone
tools or portions of arrowheads, baskets or stone tools.
(i) 'Police officer' has the meaning given that term in ORS
181.610.
(j) 'Public lands' means any lands owned by the State of
Oregon, a city, county, district or municipal or public
corporation in Oregon.
(k) 'Sacred object' means an archaeological object or other
object that:
(A) Is demonstrably revered by any ethnic group, religious
group or Indian tribe as holy;
(B) Is used in connection with the religious or spiritual
service or worship of a deity or spirit power; or
(C) Was or is needed by traditional native Indian religious
leaders for the practice of traditional native Indian religion.
(L) 'State police' has the meaning given that term in ORS
181.010.
(2) The terms set forth in subsection (1)(e), (f), (g), (h) and
(k) of this section shall be interpreted in the same manner as
similar terms interpreted pursuant to 25 U.S.C. 3001 et seq.
SECTION 65. ORS 358.915 is amended to read:
358.915. The provisions of ORS { - 192.005, 192.501 to
192.505, - } 273.990, 358.905 to 358.961 and 390.235 do not apply
to a person who unintentionally discovers an archaeological
object that has been exposed by the forces of nature on public
land or private property and retains the object for personal use,
except for sacred objects, human remains, funerary objects or
objects of cultural patrimony.
SECTION 66. ORS 409.225 is amended to read:
409.225. (1) In the interest of family privacy and for the
protection of children, families and other recipients of
services, the Department of Human Services shall not disclose or
use the contents of any child welfare records, files, papers or
communications that contain any information about an individual
child, family or other recipient of services for purposes other
than those directly connected with the administration of child
welfare laws or unless required or authorized by ORS 419A.255 or
419B.035. The records, files, papers and communications are
confidential and are not available for public inspection. General
information, policy statements, statistical reports or similar
compilations of data are not confidential unless such information
is identified with an individual child, family or other recipient
of services or protected by other provision of law.
(2) Notwithstanding subsection (1) of this section, unless
exempt from disclosure under ORS chapter 192, the department
shall disclose child welfare records:
(a) About a recipient of services, to the recipient if the
recipient is 18 years of age or older or is legally emancipated,
unless prohibited by court order;
(b) Regarding a specific individual if the individual gives
written authorization to release confidential information;
(c) Concerning a child receiving services on a voluntary basis,
to the child's parent or legal guardian;
(d) To the juvenile court in proceedings regarding the child;
and
(e) Concerning a child who is or has been in the custody of the
department, to the child's parent or legal guardian except:
(A) When the child objects; or
(B) If disclosure would be contrary to the best interests of
any child or could be harmful to the person caring for the child.
(3) Notwithstanding subsection (1) of this section, unless
exempt from disclosure under ORS chapter 192, the department
shall disclose child welfare records, if in the best interests of
the child, to:
(a) Treatment providers, foster parents, adoptive parents,
school officials or other persons providing services to the child
or family to the extent that such disclosure is necessary to
provide services to the child or family; or
(b) A person designated as a member of a sensitive review
committee convened by the Director of Human Services when the
purpose of the committee is to determine whether the department
acted appropriately and to make recommendations to the department
regarding policy and practice.
(4) Any record disclosed under subsection (1), (2) or (3) of
this section shall be kept confidential by the person or entity
to whom the record is disclosed and shall be used only for the
purpose for which disclosure was made.
(5) Unless exempt from disclosure under ORS chapter 192, when
an adult who is the subject of information made confidential by
subsection (1) of this section publicly reveals or causes to be
revealed any significant part of the confidential matter or
information, the protections afforded by subsection (1) of this
section are presumed voluntarily waived and confidential
information about the person making or causing the public
disclosure, not already disclosed but related to the information
made public, may be disclosed if disclosure is in the best
interests of the child or necessary to the administration of the
child welfare laws.
(6) Notwithstanding subsection (1) of this section, unless
exempt from disclosure under ORS chapter 192, the department
shall disclose information related to the department's activities
and responsibilities in a case where child abuse or neglect has
resulted in a child fatality or near fatality or where an adult
has been charged with a crime related to child abuse or neglect.
(7) Notwithstanding subsections (2), (3), (5) and (6) of this
section, { - ORS 192.501 (3) shall apply - } { + section 13
of this 2013 Act applies + } to investigatory information
compiled for criminal law purposes that may be in the possession
of the department.
(8) As used in this section, 'adult' means a person who is 18
years of age or older.
SECTION 67. ORS 414.695 is amended to read:
414.695. (1) As used in this section and ORS 414.698:
(a) 'Medical technology' means medical equipment and devices,
medical or surgical procedures and techniques used by health care
providers in delivering medical care to individuals, and the
organizational or supportive systems within which medical care is
delivered.
(b) 'Medical technology assessment' means evaluation of the
use, clinical effectiveness and cost of a technology in
comparison with its alternatives.
(2) The Health Evidence Review Commission shall develop a
medical technology assessment process. The Oregon Health
Authority shall direct the commission with regard to medical
technologies to be assessed and the timing of the assessments.
(3) The commission shall appoint and work with an advisory
committee whose members have the appropriate expertise to conduct
a medical technology assessment.
(4) The commission shall present its preliminary findings at a
public hearing and shall solicit testimony and information from
health care consumers. The commission shall give strong
consideration to the recommendations of the advisory committee
and public testimony in developing its assessment.
(5) To ensure that confidentiality is maintained,
identification of a patient or a person licensed to provide
health services may not be included with the data submitted under
this section, and the commission shall release such data only in
aggregate statistical form. All findings and conclusions,
interviews, reports, studies, communications and statements
procured by or furnished to the commission in connection with
obtaining the data necessary to perform its functions is
confidential { - pursuant to ORS 192.501 to 192.505 - } { +
and not subject to ORS 192.410 to 192.505 + }.
SECTION 68. ORS 419A.015 is amended to read:
419A.015. (1)(a) Once each month, a county juvenile department
shall provide to school administrators of schools or of school
districts in the county a list of all youth offenders enrolled in
a school in the county who are on probation by order of the
juvenile court in the county. The department shall include in the
list the name and business telephone number of the juvenile
counselor assigned to each case.
(b) When a youth offender who is on probation transfers from
one school or school district to a different school or school
district, the juvenile counselor assigned to the case shall
notify the school administrator of the school or of the school
district to which the youth offender has transferred of the youth
offender's probation status. The juvenile counselor shall make
the notification no later than 72 hours after the juvenile
counselor knows of the transfer.
(2) Upon request by the school administrator, the juvenile
department shall provide additional information, including the
offense that brought the youth offender within the jurisdiction
of the juvenile court and such other information that is subject
to disclosure under ORS 419A.255 (5).
(3) In addition to the general notification required by
subsection (1) of this section, the juvenile department shall
notify the school administrator of the specific offense if the
act bringing the youth offender within the jurisdiction of the
juvenile court involved a firearm or delivery of a controlled
substance.
(4) When a school administrator receives any notice under this
section, the school administrator may disclose the information
only to school personnel, as defined in ORS 339.326, who the
school administrator determines need the information in order to
safeguard the safety and security of the school, students and
staff. A person to whom personally identifiable information is
disclosed under this subsection may not disclose the information
to another person except to carry out the provisions of this
subsection.
(5) { - Except as otherwise provided in ORS 192.490, - } A
juvenile department, school district or school administrator, or
anyone employed or acting on behalf of a juvenile department,
school district or school administrator, who sends or receives
records under this section is not civilly or criminally liable
for failing to disclose the information under this section.
(6) As used in this section, 'school administrator' has the
meaning given that term in ORS 419A.305.
SECTION 69. ORS 419A.305 is amended to read:
419A.305. (1) As used in this section:
(a) 'Principal' means a person having general administrative
control and supervision of a school.
(b) 'School administrator' means:
(A) The superintendent of the school district in which a youth
attends school, or the designee of the superintendent, if the
youth attends a public school that is not a public charter
school;
(B) The principal of a public charter school, if the youth
attends a public charter school;
(C) The principal of a private school that provides education
to one or more instructional levels from kindergarten through
grade 12 or equivalent instructional levels, if the youth attends
a private school;
(D) The superintendent of the school district in which the
youth resides, or the designee of the superintendent, if the
school that the youth attends is not known by the person giving
notice;
(E) The director of the Oregon School for the Deaf; or
(F) The Superintendent of Public Instruction if the youth is in
an educational program under the Youth Corrections Education
Program.
(c) 'School district' has the meaning given that term in ORS
332.002.
(2) Notice shall be given to a school administrator when:
(a) A youth makes a first appearance before the juvenile court
on a petition described in subsection (7) of this section
alleging that the youth is within the jurisdiction of the
juvenile court under ORS 419C.005.
(b) A youth admits to being within the jurisdiction of the
juvenile court as provided in ORS 419C.005 on a petition
described in subsection (7) of this section or is adjudicated by
a juvenile court to be within its jurisdiction on a petition
described in subsection (7) of this section.
(c) A youth is found responsible except for insanity under ORS
419C.411.
(d) Notice had been given as provided by paragraph (a) or (b)
of this subsection and the juvenile court:
(A) Sets aside or dismisses the petition as provided in ORS
419C.261; or
(B) Determines that the youth is not within the jurisdiction of
the juvenile court after a hearing on the merits of the petition.
(3) A notice required by subsection (2) of this section shall
be given by:
(a) The district attorney;
(b) In the case of a petition filed under ORS 419C.250, the
person who filed the petition;
(c) In the case of a person prosecuting a case who is not the
district attorney, the person who is prosecuting the case; or
(d) In the case of a juvenile department that has agreed to be
responsible for providing the notices required under this
section, the juvenile department.
(4) A notice required under subsection (2) of this section may
be communicated by mail or other means of delivery, including but
not limited to electronic transmission. A notice must include:
(a) The name and date of birth of the youth;
(b) The names and addresses of the youth's parents or
guardians;
(c) The alleged basis for the juvenile court's jurisdiction
over the youth;
(d) The act alleged in the petition that, if committed by an
adult, would constitute a crime;
(e) The name and contact information of the attorney for the
youth, if known;
(f) The name and contact information of the individual to
contact for further information about the notice;
(g) If applicable, the portion of the juvenile court order
providing for the legal disposition of the youth;
(h) Any conditions of release or terms of probation; and
(i) Any other conditions required by the court.
(5) In addition to the information required by subsection (4)
of this section:
(a) A notice required by subsection (2)(a) of this section
shall contain substantially the following statement: 'This notice
is to inform you that a student who attends your school may come
under the jurisdiction of the juvenile court as the result of a
petition filed with the juvenile court. The student has not yet
been determined to be within the jurisdiction of the juvenile
court nor to have committed any violations of law. The allegation
pending before the juvenile court must not be discussed with the
student. '
(b) A notice required by subsection (2)(b) of this section
shall contain substantially the following statement: 'This notice
is to inform you that a student who attends your school has come
under the jurisdiction of the juvenile court as the result of a
petition filed with the juvenile court. There may be pending
juvenile court hearings or proceedings, and a disposition order
may not yet have been entered by the court. The allegation
pending before the juvenile court must not be discussed with the
student. '
(c) A notice required by subsection (2)(c) of this section
shall contain substantially the following statement: 'This notice
is to inform you that a disposition order has been entered in a
case involving a student who attends your school about whom a
previous notice was sent. The disposition order finds the student
to be responsible except for insanity under ORS 419C.411 for the
act alleged in the petition filed with the juvenile court. The
case should not be discussed with the student. '
(d) A notice required by subsection (2)(d) of this section
shall contain substantially the following statement: 'This notice
is to inform you that a petition involving a student who attends
your school about whom a previous notice was sent has been set
aside or dismissed or the juvenile court has determined the
student is not within its jurisdiction. The notice and any
documents or information related to the notice in the student's
education records should be removed and destroyed upon receipt of
this notice. The case should not be discussed with the student. '
(6) A notice required under subsection (2) of this section must
be given within 15 days after:
(a) The youth makes a first appearance before the juvenile
court on a petition;
(b) The youth admits to being within the jurisdiction of the
juvenile court;
(c) The youth is adjudicated by a juvenile court to be within
the jurisdiction of the court;
(d) The petition is dismissed or set aside;
(e) The juvenile court determines that the youth is not within
the jurisdiction of the juvenile court after a hearing on the
merits of the petition; or
(f) The juvenile court enters a disposition order finding the
youth responsible except for insanity under ORS 419C.411.
(7) This section applies to petitions filed alleging that the
youth engaged in:
(a) Conduct that, if committed by an adult, would constitute a
crime that:
(A) Involves serious physical injury or threatened serious
physical injury to another person, including criminal homicide,
felony assault or any attempt to cause serious physical injury to
another person;
(B) Involves the sexual assault of an animal or animal abuse in
any degree;
(C) Is a felony sex offense listed in ORS 181.594, except for
rape in the third degree under ORS 163.355 or incest under ORS
163.525;
(D) Involves a weapon, as defined in ORS 166.360, or the
threatened use of a weapon;
(E) Involves the possession or manufacture of a destructive
device, as defined in ORS 166.382, or possession of a hoax
destructive device, as defined in ORS 166.385; or
(F) Involves an offense in which an element of the crime is:
(i) Manufacture of a controlled substance;
(ii) Delivery of a controlled substance in conjunction with
conduct described in subparagraph (A) of this paragraph; or
(iii) Delivery of a controlled substance to a person under 18
years of age; or
(b) Conduct that is of such a nature that the court determines
notice is necessary to safeguard the safety and security of the
school, students and staff. The person or entity responsible for
giving notice under subsection (3) of this section shall request
that the court make the determination under this paragraph when
the person or entity believes notice is necessary to safeguard
the safety and security of the school, students and staff and the
conduct involves an offense under ORS 163.160.
(8) { - Except as otherwise provided in ORS 192.490, - } A
person who sends or receives notice under this section is not
civilly or criminally liable for failing to disclose the
information under this section.
SECTION 70. ORS 419C.532 is amended to read:
419C.532. (1) The juvenile panel of the Psychiatric Security
Review Board shall conduct hearings on an application for
discharge, conditional release, commitment or modification filed
under or required by ORS 419C.538, 419C.540 and 419C.542, and
shall make findings on the issues before the juvenile panel.
(2) In every hearing before the juvenile panel, the juvenile
panel shall determine whether the young person:
(a) Has a serious mental condition; or
(b) Has a mental disease or defect other than a serious mental
condition and presents a substantial danger to others.
(3) The juvenile panel shall order a young person discharged
from commitment or conditional release if the juvenile panel
finds that the young person:
(a) No longer has a mental disease or defect; or
(b) Has a mental disease or defect other than a serious mental
condition but no longer presents a substantial danger to others.
(4) The juvenile panel shall order a young person conditionally
released subject to ORS 419C.538 if the juvenile panel finds
that:
(a) The young person:
(A) Has a serious mental condition; or
(B) Has a mental disease or defect other than a serious mental
condition and presents a substantial danger to others;
(b) The young person can be adequately controlled with
treatment services as a condition of release; and
(c) Necessary supervision and treatment services are available.
(5) The juvenile panel shall order a young person committed to,
or retained in, a hospital or facility designated by the
Department of Human Services or the Oregon Health Authority for
custody, supervision and treatment subject to ORS 419C.540 if the
juvenile panel finds that the young person:
(a)(A) Has a serious mental condition; or
(B) Has a mental disease or defect other than a serious mental
condition and presents a substantial danger to others; and
(b) Cannot be adequately controlled if conditionally released.
(6) In determining whether a young person should be committed
to or retained in a hospital or facility, conditionally released
or discharged, the primary concern of the juvenile panel is the
protection of society.
(7) In a hearing before the juvenile panel, a young person who
has a mental disease or defect in a state of remission is
considered to have a mental disease or defect if the mental
disease or defect may, with reasonable medical probability,
occasionally become active.
(8) At any time, the juvenile panel may appoint a psychiatrist
certified, or eligible to be certified, by the Oregon Medical
Board in child psychiatry or a licensed psychologist with
expertise in child psychology to examine the young person and
submit a written report to the juvenile panel. Reports filed with
the juvenile panel pursuant to the examination must include, but
need not be limited to, an opinion as to whether the young
person:
(a)(A) Has a serious mental condition; or
(B) Has a mental disease or defect other than a serious mental
condition and presents a substantial danger to others; and
(b) Could be adequately controlled with treatment services as a
condition of release.
(9) The juvenile panel may make a determination regarding
discharge or conditional release based upon the written report
submitted under subsection (8) of this section or ORS 419C.540
(3). If a member of the juvenile panel desires further
information from the examining psychiatrist or licensed
psychologist who submitted the report, the juvenile panel shall
summon the psychiatrist or psychologist to give testimony.
(10) The juvenile panel shall consider all available evidence
that is material, relevant and reliable regarding the issues
before the juvenile panel. Evidence may include, but is not
limited to, the record of the juvenile court adjudication,
information supplied by the attorney representing the state or by
any other interested person, including the young person,
information concerning the young person's mental condition and
the entire psychiatric and juvenile court history of the young
person. All evidence of a type commonly relied upon by
reasonably prudent persons in the conduct of their serious
affairs is admissible at the hearings. Testimony must be taken
upon oath or affirmation of the witness from whom received. The
officer presiding at the hearing shall administer oaths and
affirmations to witnesses.
(11) The standard of proof on all issues at a hearing of the
juvenile panel is by a preponderance of the evidence.
(12)(a) The juvenile panel shall furnish written notice of any
hearing pending under this section within a reasonable time prior
to the hearing to:
(A) The young person about whom the hearing is being conducted;
(B) The attorney representing the young person;
(C) The young person's parents or guardians, if known;
(D) The person having legal custody of the young person;
(E) The Attorney General or other attorney representing the
state, if any; and
(F) The district attorney and the court or juvenile department
of the county in which the young person was adjudicated.
(b) The juvenile panel shall include in the notice required by
paragraph (a) of this subsection:
(A) The time, place and location of the hearing;
(B) The nature of the hearing, the specific action for which
the hearing has been requested, the issues to be considered at
the hearing and a reference to the particular sections of the
statutes and rules involved;
(C) A statement of the authority and jurisdiction under which
the hearing is to be held; and
(D) A statement of all rights under subsection (13) of this
section.
(13) A young person about whom a hearing is being held has the
right:
(a) To appear at all proceedings held under this section,
except juvenile panel deliberations.
(b) To cross-examine all witnesses appearing to testify at the
hearing.
(c) To subpoena witnesses and documents as provided in ORS
161.395.
(d) To be represented by suitable legal counsel possessing
skills and experience commensurate with the nature and complexity
of the case, to consult with counsel prior to the hearing and, if
financially eligible, to have suitable counsel appointed at state
expense.
(e) To examine all information, documents and reports that the
juvenile panel considers and, if the information, documents and
reports are available to the juvenile panel before the hearing,
to examine them prior to the hearing.
(14) Except for deliberations of the juvenile panel, the
juvenile panel shall keep a record of all hearings before the
juvenile panel.
(15) Upon request of a person listed in subsection (12)(a) of
this section or on its own motion, the juvenile panel may
continue a hearing for a reasonable period not to exceed 60 days
to obtain additional information or testimony or for other good
cause shown.
(16) Within 15 days after the conclusion of the hearing, the
juvenile panel shall provide written notice of the juvenile
panel's decision to the young person, the attorney representing
the young person, the young person's parents or guardians, if
known, the person having legal custody of the young person, the
district attorney of the county in which the young person was
adjudicated and the Attorney General or other attorney
representing the state, if any.
(17) The juvenile panel shall maintain and keep current the
medical, social and delinquency history of all young persons. The
juvenile panel shall determine the confidentiality of records
maintained by the juvenile panel pursuant to { - ORS 192.501 to
192.505 - } { + ORS 192.410 to 192.505 + }.
SECTION 71. ORS 420.048 is amended to read:
420.048. (1)(a) When a youth offender who is in the legal
custody of the Oregon Youth Authority transfers from one school
or school district to a different school or school district, the
person responsible for supervising the youth offender shall
notify the school administrator of the school or of the school
district to which the youth offender has transferred of the youth
offender's status as a youth offender. The person shall make the
notification no later than 72 hours after the person knows of the
transfer.
(b) When a school administrator receives notification under
this section, the school administrator may request the Oregon
Youth Authority to provide additional information about the youth
offender. The youth authority shall provide additional
information, including the offense that brought the youth
offender within the jurisdiction of the juvenile court and such
other information that is subject to disclosure under ORS
419A.255 (5).
(2) The youth authority shall include in the notice the
following:
(a) The name and date of birth of the youth offender;
(b) The names and addresses of the youth offender's parents or
guardians;
(c) The name and contact information of the attorney for the
youth offender, if known;
(d) The name and contact information of the person giving
notice under subsection (1) of this section or the person's
designated representative to contact for further information
about the notice;
(e) The specific offense that brought the youth offender within
the jurisdiction of the juvenile court and whether it involved a
firearm or the delivery of a controlled substance, a violation of
ORS 163.355 to 163.445 or 163.465 or any other offense if the
youth authority or juvenile court believes the youth offender
represents a risk to other students or school staff; and
(f) Any terms of probation.
(3) { - Except as otherwise provided in ORS 192.490, - } The
youth authority, a school district or a school administrator, or
anyone employed or acting on behalf of the youth authority,
school district or school administrator, who sends or receives
records under this section is not liable civilly or criminally
for failing to disclose the information under this section.
(4) As used in this section:
(a) 'School administrator' has the meaning given that term in
ORS 419A.305.
(b) 'School district' has the meaning given that term in ORS
332.002.
SECTION 72. ORS 421.344 is amended to read:
421.344. There is established Oregon Corrections Enterprises, a
semi-independent agency. The Director of the Department of
Corrections shall assign or appoint an administrator who shall
serve at the pleasure of the director. The administrator shall
have authority to do all things necessary and convenient to carry
out ORS { - 192.502, - } 421.305, 421.312, 421.344 to 421.367,
421.412, 421.442, 421.444 and 421.445.
SECTION 73. ORS 421.347 is amended to read:
421.347. (1) The administrator of Oregon Corrections
Enterprises shall establish, by the issuance of a policy
directive or order, an advisory council consisting of not fewer
than three members to provide policy input concerning Oregon
Corrections Enterprises operations and its discharge of the
functions and duties prescribed by section 41, Article I of the
Oregon Constitution, and ORS { - 192.502, - } 421.305,
421.312, 421.344 to 421.367, 421.412, 421.442, 421.444 and
421.445. The council shall select one of its members as
chairperson. The council shall meet not less frequently than
semiannually at the offices of Oregon Corrections Enterprises.
The council shall meet at such other times and places specified
by the administrator. All members shall be entitled to expenses
as provided in ORS 292.495.
(2) The membership of the advisory council shall consist of at
least one representative of each of the following interests, as
determined at the discretion of the administrator:
(a) At least one member shall be a person who has experience
in, and can represent the interests and perspective of the
banking or finance industry;
(b) At least one member shall be a person who has experience in
and can represent the interests and perspective of private
business in Oregon; and
(c) At least one member shall be a person who has experience in
the field of labor relations and can represent the interests and
perspective of organized labor.
(3) Members of the advisory council must be citizens of the
United States and residents of the State of Oregon. No member of
the council may be an employee of the Department of Corrections
or of Oregon Corrections Enterprises.
(4) The order or policy directive that establishes the advisory
council may specify the terms of office of members of the council
and may provide for removal of members from the advisory council
by the administrator, either at the pleasure of the administrator
or for other grounds specified in the order or policy directive.
Upon the expiration or termination of the term of any member
appointed to represent an interest under subsection (2) of this
section, the administrator shall appoint a successor to represent
that interest. A member of the advisory council shall be eligible
for reappointment.
SECTION 74. ORS 421.349 is amended to read:
421.349. In addition to the advisory council required by ORS
421.347, the administrator may establish, by the issuance of a
policy directive or order, one or more advisory committees,
bodies or advisors to advise and assist Oregon Corrections
Enterprises in discharging its functions and duties as prescribed
by section 41, Article I of the Oregon Constitution, and ORS
{ - 192.502, - } 421.305, 421.312, 421.344 to 421.367, 421.412,
421.442, 421.444 and 421.445. The administrator may authorize the
payment of expenses, as provided in ORS 292.495, to the members
of any advisory committee or body established under this section.
SECTION 75. ORS 421.359 is amended to read:
421.359. All income and revenues generated or received by
Oregon Corrections Enterprises shall remain within, and are
continuously appropriated to, Oregon Corrections Enterprises for
the purposes of discharging the functions and duties prescribed
by section 41, Article I of the Oregon Constitution, and ORS
{ - 192.502, - } 421.305, 421.312, 421.344 to 421.367,
421.412, 421.442, 421.444 and 421.445. There shall be no
commingling of funds between Oregon Corrections Enterprises and
the Department of Corrections.
SECTION 76. ORS 421.442 is amended to read:
421.442. (1) The Department of Corrections may create accounts
and subaccounts as reasonably required to discharge the functions
and duties prescribed by section 41, Article I of the Oregon
Constitution, including accounts and subaccounts for the deposit
of income generated from prison work programs. Accounts and
subaccounts created under this subsection shall be maintained
separate and distinct from the General Fund. Moneys credited to
the accounts and subaccounts are continuously appropriated to the
department for the purpose of implementing, maintaining and
developing prison work programs. Moneys in the department
accounts or subaccounts may be transferred to the inmate injury
component of the Insurance Fund for the payment of expenses
therefrom authorized by law. Moneys in the accounts or
subaccounts may be invested as provided in ORS 293.701 to 293.790
and as authorized by ORS 421.305. Earnings on the investment of
moneys in the accounts or subaccounts shall be credited to the
respective account or subaccount.
(2) Oregon Corrections Enterprises may create accounts and
subaccounts as reasonably required to discharge the functions and
duties prescribed by section 41, Article I of the Oregon
Constitution, and ORS { - 192.502, - } 421.305, 421.312,
421.344 to 421.367, 421.412, 421.444 and 421.445 and this
section, including accounts and subaccounts for the deposit of
income generated from prison work programs. All moneys collected
or received by Oregon Corrections Enterprises shall be deposited
into an account or subaccounts established by Oregon Corrections
Enterprises in a depository bank insured by the Federal Deposit
Insurance Corporation or the National Credit Union Share
Insurance Fund. The administrator shall ensure that sufficient
collateral secures any amount of funds on deposit that exceeds
the limits of the coverage of the Federal Deposit Insurance
Corporation or the National Credit Union Share Insurance Fund.
All moneys in the account or subaccounts are continuously
appropriated to Oregon Corrections Enterprises for the purpose of
implementing, maintaining and developing prison work programs.
Moneys in the accounts or subaccounts may be invested as provided
in ORS 293.701 to 293.790 and as authorized by ORS 421.305.
Earnings on the investment of moneys in the accounts or
subaccounts shall be credited to the respective account or
subaccount.
(3) Moneys credited to or received by inmate work programs
conducted by the department may not be commingled with moneys
credited to or received by inmate work programs conducted by
Oregon Corrections Enterprises.
(4) Moneys in the accounts or subaccounts are available for
implementing, maintaining and developing prison work and
on-the-job training programs, including, but not limited to:
(a) The purchase of all necessary machinery and equipment for
establishing, equipping and enlarging prison industries;
(b) The purchase of raw materials, the payment of salaries and
wages and all other expenses necessary and proper in the judgment
of the Director of the Department of Corrections or the
administrator of Oregon Corrections Enterprises in the conduct
and operation of prison industries; and
(c) Department transfers to the inmate injury component of the
Insurance Fund from the payment of expenses authorized by law.
(5) No part of the accounts or subaccounts may be expended for
maintenance, repairs, construction or reconstruction, or general
or special expenses of a Department of Corrections institution,
other than for prison work and on-the-job training programs.
(6) The transfers referred to in subsections (1) and (4)(c) of
this section may be authorized by the Legislative Assembly, or
the Emergency Board if the Legislative Assembly is not in
session, whenever it appears to the Legislative Assembly or the
board, as the case may be, that there are insufficient moneys in
the inmate injury component of the Insurance Fund for the payment
of expenses authorized by law.
SECTION 77. ORS 426.155 is amended to read:
426.155. (1) The provisions of this section apply to the
release of information about a person who is held in custody
either pending a commitment proceeding under ORS 426.070,
426.140, 426.228, 426.232, 426.233 or 426.237 (1)(b) or while
committed or recommitted under ORS 426.005 to 426.390.
(2) Notwithstanding the provisions of ORS 179.495, 179.505 or
{ - 192.502 (2) - } { + 192.410 to 192.505 + } and
notwithstanding any other provision of ORS 426.005 to 426.390, a
facility or nonhospital facility where a person is held shall
establish procedures for releasing information as required under
subsections (3) and (4) of this section.
(3)(a) If a person described in subsection (1) of this section
authorizes disclosure as provided in subsection (5) of this
section, upon request of a member of the family of the person, or
any other person designated by the person, a facility or
nonhospital facility where the person is held shall provide the
family member or the designee with the following information:
(A) The person's diagnosis;
(B) The person's prognosis;
(C) The medications prescribed for the person and the side
effects of medications prescribed, if any;
(D) The person's progress;
(E) Information about any civil commitment process, including
the date, time and location of the person's commitment hearing;
and
(F) Where and when the person may be visited.
(b) If a request for information is made under this subsection
and the person described in subsection (1) of this section is
unable to authorize disclosure as provided in subsection (5) of
this section, the person requesting information shall be provided
notice of the presence of the person described in subsection (1)
of this section in any facility or nonhospital facility.
Information shall not be provided under this paragraph if the
physician of the person described in subsection (1) of this
section determines that it would not be in the person's best
interest to provide the information or if providing the
information is prohibited by federal law.
(4) Upon the admission of any person to a facility or
nonhospital facility under ORS 426.005 to 426.390, the facility
or nonhospital facility shall make reasonable attempts to notify
the person's next of kin, or any other person designated by the
person, of the person's admission, unless the person requests
that this information not be provided. The facility or
nonhospital facility shall make reasonable attempts to notify the
person's next of kin, or any other person designated by the
person, of the person's release, transfer, serious illness,
injury or death upon request of the family member or designee,
unless the person requests that this information not be provided.
The person shall be advised by the facility or nonhospital
facility that the person has the right to request that this
information not be provided.
(5) The person who is held in custody shall be notified by the
facility or nonhospital facility that information about the
person has been requested. Except as provided in subsection (3)
of this section, the consent of the person who is held is
required for release of information under subsections (3) and (4)
of this section. If, when initially informed of the request for
information, the person is unable to give voluntary and informed
consent to authorize the release of information, notation of the
attempt shall be made in the person's treatment record and daily
efforts shall be made to secure the person's consent or refusal
of authorization.
(6) Notwithstanding any other provision of this section, an
individual eligible to receive information under subsection (3)
of this section may not receive information unless the individual
first agrees to make no further disclosure of the information.
The agreement may be made orally.
(7) A facility or nonhospital facility that releases
information under subsection (3) or (4) of this section shall:
(a) Notify the person who is held to whom, when and what
information was released; and
(b) Note in the medical record of the person who is held:
(A) The basis for finding that the person gave voluntary and
informed consent;
(B) The oral or written consent of the person who is held;
(C) To whom, when and what information was released;
(D) The agreement to the requirements of subsection (6) of this
section by the person who requested information; and
(E) Any determination made by the person's physician under
subsection (3)(b) of this section regarding the provision of
notice of the presence of the person in any facility or
nonhospital facility.
(8) A facility or nonhospital facility, including the staff of
such facilities and nonhospital facilities, that releases
information under this section or rules adopted under ORS 426.236
may not be held civilly or criminally liable for damages caused
or alleged to be caused by the release of information or the
failure to release information as long as the release was done in
good faith and in compliance with subsections (3) and (4) of this
section or rules adopted under ORS 426.236.
(9) The provisions of subsections (3) and (4) of this section
do not limit the ability or obligation of facilities, nonhospital
facilities, physicians, mental health care providers or licensed
mental health professionals to provide information as otherwise
allowed or required by law.
SECTION 78. ORS 431.627 is amended to read:
431.627. (1) In addition to and not in lieu of ORS 431.607 to
431.617, the Oregon Health Authority shall designate trauma
centers in areas that are within the jurisdiction of trauma
advisory boards other than in the area within the jurisdiction of
area trauma advisory board 1.
(2) The authority shall enter into contracts with designated
trauma centers and monitor and assure quality of care and
appropriate costs for trauma patients meeting trauma system entry
criteria.
(3) All findings and conclusions, interviews, reports, studies,
communications and statements procured by or furnished to the
authority, the State Trauma Advisory Board or an area trauma
advisory board in connection with obtaining the data necessary to
perform patient care quality assurance functions shall be
confidential pursuant to { - ORS 192.501 to 192.505 - }
{ + ORS 192.410 to 192.505 + }.
(4)(a) All data received or compiled by the State Trauma
Advisory Board or any area trauma advisory board in conjunction
with authority monitoring and assuring quality of trauma patient
care shall be confidential and privileged, nondiscoverable and
inadmissible in any proceeding. No person serving on or
communicating information to the State Trauma Advisory Board or
an area trauma advisory board shall be examined as to any such
communications or to the findings or recommendations of such
board. A person serving on or communicating information to the
State Trauma Advisory Board or an area trauma advisory board
shall not be subject to an action for civil damages for actions
taken or statements made in good faith. Nothing in this section
affects the admissibility in evidence of a party's medical
records not otherwise confidential or privileged dealing with the
party's medical care. The confidentiality provisions of ORS
41.675 and 41.685 shall also apply to the monitoring and quality
assurance activities of the State Trauma Advisory Board, area
trauma advisory boards and the authority.
(b) As used in this section, 'data' includes but is not limited
to written reports, notes, records and recommendations.
(5) Final reports by the authority, the State Trauma Advisory
Board and area trauma advisory boards shall be available to the
public.
(6) The authority shall publish a biennial report of the
Emergency Medical Services and Trauma Systems Program and trauma
systems activities.
SECTION 79. ORS 433.009 is amended to read:
433.009. (1) Notwithstanding ORS { - 192.501 (3), 192.502 (2)
and - } 433.045 { + and sections 12 to 24 of this 2013 Act + },
if, during the course of a criminal investigation, a law
enforcement unit acquires information that the person who is
charged with a crime or sentenced for a crime has a reportable
disease, the law enforcement unit shall disclose that information
to the public health authorities who shall confirm the diagnosis
and notify any police officer, corrections officer or emergency
medical services provider who had significant exposure to the
person.
(2) As used in this section:
(a) 'Emergency medical services provider' has the meaning given
that term in ORS 682.025.
(b) 'Law enforcement unit,' 'police officer' and ' corrections
officer' have the meanings given those terms in ORS 181.610.
(c) 'Reportable disease' means a disease or condition, the
reporting of which enables a public health authority to take
action to protect or to benefit the public health.
SECTION 80. ORS 441.055 is amended to read:
441.055. (1) The governing body of each health care facility
shall be responsible for the operation of the facility, the
selection of the medical staff and the quality of care rendered
in the facility. The governing body shall:
(a) Ensure that all health care personnel for whom state
licenses, registrations or certificates are required are
currently licensed, registered or certified;
(b) Ensure that physicians admitted to practice in the facility
are granted privileges consistent with their individual training,
experience and other qualifications;
(c) Ensure that procedures for granting, restricting and
terminating privileges exist and that such procedures are
regularly reviewed to ensure their conformity to applicable law;
(d) Ensure that physicians admitted to practice in the facility
are organized into a medical staff in such a manner as to
effectively review the professional practices of the facility for
the purposes of reducing morbidity and mortality and for the
improvement of patient care; and
(e) Ensure that a physician is not denied medical staff
membership or privileges at the facility solely on the basis that
the physician holds medical staff membership or privileges at
another health care facility.
(2) The physicians organized into a medical staff pursuant to
subsection (1) of this section shall propose medical staff bylaws
to govern the medical staff. The bylaws shall include, but not be
limited to the following:
(a) Procedures for physicians admitted to practice in the
facility to organize into a medical staff pursuant to subsection
(1) of this section;
(b) Procedures for ensuring that physicians admitted to
practice in the facility are granted privileges consistent with
their individual training, experience and other qualifications;
(c) Provisions establishing a framework for the medical staff
to nominate, elect, appoint or remove officers and other persons
to carry out medical staff activities with accountability to the
governing body;
(d) Procedures for ensuring that physicians admitted to
practice in the facility are currently licensed by the Oregon
Medical Board;
(e) Procedures for ensuring that the facility's procedures for
granting, restricting and terminating privileges are followed and
that such procedures are regularly reviewed to assure their
conformity to applicable law; and
(f) Procedures for ensuring that physicians provide services
within the scope of the privileges granted by the governing body.
(3) Amendments to medical staff bylaws shall be accomplished
through a cooperative process involving both the medical staff
and the governing body. Medical staff bylaws shall be adopted,
repealed or amended when approved by the medical staff and the
governing body. Approval shall not be unreasonably withheld by
either. Neither the medical staff nor the governing body shall
withhold approval if such repeal, amendment or adoption is
mandated by law, statute or regulation or is necessary to obtain
or maintain accreditation or to comply with fiduciary
responsibilities or if the failure to approve would subvert the
stated moral or ethical purposes of the institution.
(4) The Oregon Medical Board may appoint one or more physicians
to conduct peer review for a health care facility upon request of
such review by all of the following:
(a) The physician whose practice is being reviewed.
(b) The executive committee of the health care facility's
medical staff.
(c) The governing body of the health care facility.
(5) The physicians appointed pursuant to subsection (4) of this
section shall be deemed agents of the Oregon Medical Board,
subject to the provisions of ORS 30.310 to 30.400 and shall
conduct peer review. Peer review shall be conducted pursuant to
the bylaws of the requesting health care facility.
(6) Any person serving on or communicating information to a
peer review committee shall not be subject to an action for
damages for action or communications or statements made in good
faith.
(7) { + Notwithstanding ORS 192.410 to 192.505, + } all
findings and conclusions, interviews, reports, studies,
communications and statements procured by or furnished to the
peer review committee in connection with a peer review are
confidential { - pursuant to ORS 192.501 to 192.505 and
192.690 - } and all data is privileged pursuant to ORS 41.675.
(8) Notwithstanding subsection (7) of this section, a written
report of the findings and conclusions of the peer review shall
be provided to the governing body of the health care facility who
shall abide by the privileged and confidential provisions set
forth in subsection (7) of this section.
(9) Procedures for peer review established by subsections (4)
to (8) of this section are exempt from ORS chapter 183.
(10) The Oregon Health Authority shall adopt by rule standards
for rural hospitals, as defined in ORS 442.470, that specifically
address the provision of care to postpartum and newborn patients
so long as patient care is not adversely affected.
(11) For purposes of this section, 'physician' has the meaning
given the term in ORS 677.010.
SECTION 81. ORS 453.307 is amended to read:
453.307. As used in ORS 453.307 to 453.414:
(1) 'Community right to know regulatory program' or 'local
program' means any law, rule, ordinance, regulation or charter
amendment established, enforced or enacted by a local government
that requires an employer to collect or report information
relating to the use, storage, release, possession or composition
of hazardous substances and toxic substances if a primary intent
of the law, rule, ordinance, regulation or charter amendment is
the public distribution of the information.
(2) 'Emergency service personnel' includes those entities
providing emergency services as defined in ORS 401.025.
(3) 'Employer' means:
(a) Any person operating a facility that is included in one or
more of the 21 standard industrial classification categories in
Appendix B of the Natural Resources Defense Council v. Train
Consent Decree of June 8, 1976 (8 E.R.C. 2120); or
(b) Any person operating a facility designated by the State
Fire Marshal.
(4) 'Fire district' means any agency having responsibility for
providing fire protection services.
(5) 'Hazardous substance' means:
(a) Any substance designated as hazardous by the Director of
the Department of Consumer and Business Services or by the State
Fire Marshal;
(b) Any substance for which a material safety data sheet is
required by the Director of the Department of Consumer and
Business Services under ORS 654.035 and which appears on the list
of Threshold Limit Values for Chemical Substances and Physical
Agents in the Work Environment by the American Conference of
Governmental Industrial Hygienists; or
(c) Radioactive waste and material as defined in ORS 469.300
and radioactive substance as defined in ORS 453.005.
(6) 'Health professional' means a physician as defined in ORS
677.010, registered nurse, industrial hygienist, toxicologist,
epidemiologist or emergency medical services provider.
(7) 'Law enforcement agency' has the meaning given that term in
ORS 181.010.
(8) 'Local government' means a city, town, county, regional
authority or other political subdivision of this state.
(9) 'Person' includes individuals, corporations, associations,
firms, partnerships, joint stock companies, public and municipal
corporations, political subdivisions, the state and any agency
thereof, and the federal government and any agency thereof.
(10) 'Trade secret' has the meaning given that term in
{ - ORS 192.501 (2) - } { + ORS 646.461 + }.
SECTION 82. ORS 453.332 is amended to read:
453.332. (1) An employer responding to a request under ORS
453.317 may withhold the specific hazardous substance identity,
including the chemical name and any other specific identification
of a hazardous substance, if:
(a) Upon a showing satisfactory to the State Fire Marshal, the
records, reports or information, or particular parts thereof, if
made public, would divulge product identities, methods or
processes and are entitled to protection as a trade secret under
{ - ORS 192.501 - } { + section 16 of this 2013 Act + }; and
(b) Other information provided by the employer describes the
properties, quantities stored and used and effects of the
hazardous substance.
(2) Under no circumstances shall this section be construed to
require the disclosure of information about a process or
percentage of mixture that is a trade secret.
(3) A claim of trade secret by the employer, if the claim is
substantiated by the Department of Consumer and Business Services
or any other agency, may be recognized by the State Fire Marshal
as sufficient for purposes of trade secret protection under ORS
453.307 to 453.414 and 476.030.
(4) Site specific information regarding the exact amount and
location of a hazardous substance provided to or obtained by the
State Fire Marshal or by an agency identified in ORS 453.322
shall be treated by the State Fire Marshal or the agency as
confidential.
(5) Any claim of trade secret by an employer pursuant to this
section must be made at the time the employer provides the
information to the State Fire Marshal.
SECTION 83. ORS 456.623 is amended to read:
456.623. (1) The Housing and Community Services Department
shall establish a registry system for persons requesting to be
notified when department-proposed funding awards are contemplated
for multifamily housing projects.
(2) Any person may register with the department to receive the
notification described in subsection (1) of this section. A
person may request notification for multifamily housing projects
on a statewide basis or may limit the request to projects within
specific areas of the state as identified by the department. The
department may charge a reasonable fee for the registration.
(3) If the department proposes funding for a multifamily
housing project, the department shall send written notice of the
funding proposal to all persons who are at that time registered
to receive the notice under this section. The department may send
notice to persons the department believes may be interested but
who are not registered to receive notice. The department shall
not proceed with awarding funding for a multifamily housing
project prior to the 30th day after the sending of notice to all
persons entitled under this subsection to notice of the funding
proposal.
(4) Notice sent under this section shall be limited to stating
the deadline for filing comments and the type of housing, number
of units, sponsor and location of the proposed project. The
notice shall not include any information made exempt from public
disclosure under { - ORS 192.502 (24) - } { + sections 12 to
24 of this 2013 Act + }.
(5) During the period after the department proposes funding for
a multifamily housing project and prior to the department
proceeding with awarding the funding, any interested person may
file comments regarding the project with the department.
(6) At the discretion of the Director of the Housing and
Community Services Department, the department may conduct a
market study or take other actions in response to comments filed
in regard to multifamily housing projects proposed for funding.
(7) Subsections (3), (5) and (6) of this section apply only to
multifamily housing project funding for construction, acquisition
or rehabilitation loans, grants or tax program awards that
otherwise do not include an independently prepared,
project-specific market study as part of the department review,
approval or underwriting process.
(8) As used in this section, 'housing project' has the meaning
given that term in ORS 456.065.
SECTION 84. ORS 465.015 is amended to read:
465.015. (1) Except as provided in subsection (2) of this
section, a person shall, within 120 days after notification in
writing by the Department of Environmental Quality that the
person meets the definition of a toxics user, complete a toxics
use reduction and hazardous waste reduction plan. At a minimum, a
plan shall include:
(a) A written policy articulating organizational support for
the toxics use reduction and hazardous waste reduction plan and a
commitment by the organization to implement plan goals.
(b) A description of its scope and objectives, including the
evaluation of technologies, procedures and personnel training
programs to ensure unnecessary toxic substances are not used and
unnecessary waste is not generated.
(c) Internal analysis and periodic assessment of individual
processes for toxics use and hazardous waste generation.
(d) Identification of opportunities to reduce or eliminate
toxics use and hazardous waste generation.
(e) Employee awareness and training programs that involve
employees in toxics use reduction and hazardous waste reduction
planning and implementation.
(f) Institutionalization of the plan by incorporating the plan
into management practices and procedures.
(2) A person is not required to complete a plan if the person
has implemented an environmental management system, as defined in
ORS 468.172.
(3) A toxics user shall incorporate into the plan and
associated decision-making process, the costs of using toxic
substances and generating hazardous waste. The costs may
represent, among other things, the costs of management, liability
insurance, regulatory compliance and oversight.
(4) As part of each plan, a toxics user shall evaluate
technically and economically practicable toxics use reduction and
hazardous waste reduction opportunities for:
(a) Any toxic substance for which the toxics user reports as a
large user; and
(b) Any hazardous waste representing 10 percent or more by
weight of the cumulative hazardous waste stream generated per
year.
(5) A toxics user shall explain the rationale for each toxics
use reduction and waste reduction opportunity specified in the
plan, including any impediments, such as technical or economic
barriers, to toxics use reduction and hazardous waste reduction.
(6) A toxics use reduction and hazardous waste reduction plan
developed under this section or the documentation for an
environmental management system shall be retained at the
facility. To the extent that a plan or system may be considered
a public record under ORS 192.410, the information contained in
the plan or system is confidential and is exempt from public
disclosure pursuant to { - ORS 192.502 - } { + sections 12 to
24 of this 2013 Act + }.
(7) It is the policy of this state that plans developed under
this section be kept current and that the plans reflect changes
in toxics use over time. In furtherance of this policy, a toxics
user may update its plan or modify its environmental management
system to reflect any changes.
SECTION 85. ORS 466.800 is amended to read:
466.800. (1) Except as provided in subsection (2) of this
section, any records, reports or information obtained from any
persons under ORS 466.765 and 466.805 shall be made available for
public inspection and copying during the regular office hours of
the Department of Environmental Quality at the expense of any
person requesting copies.
(2) Unless classified by the director as confidential, any
records, reports or information obtained under ORS 466.706 to
466.882 and 466.994 shall be available to the public. Upon a
showing satisfactory to the director by any person that records,
reports or information, or particular parts thereof, if made
public, would divulge methods, processes or information entitled
to protection as trade secrets under { - ORS 192.501 to
192.505 - } { + section 16 of this 2013 Act + }, the director
shall classify as confidential such record, report or
information, or particular part thereof. However, such record,
report or information may be disclosed to any other officer,
medical or public safety employee or authorized representative of
the state concerned with carrying out ORS 466.706 to 466.882 and
466.994 or when relevant in any proceeding under ORS 466.706 to
466.882 and 466.994.
(3) Any record, report or information obtained or used by the
department or the Environmental Quality Commission in
administering the statewide underground storage tank program
under ORS 466.706 to 466.882 and 466.994 shall be available to
the United States Environmental Protection Agency upon request.
If the record, report or information has been submitted to the
state under a claim of confidentiality, the state shall make that
claim of confidentiality to the Environmental Protection Agency
for the requested record, report or information. The federal
agency shall treat the record, report or information subject to
the confidentiality claim as confidential in accordance with
applicable federal law.
SECTION 86. ORS 469.030 is amended to read:
469.030. (1) There is created the State Department of Energy.
(2) The State Department of Energy shall:
(a) Be the central repository within the state government for
the collection of data on energy resources;
(b) Endeavor to utilize all public and private sources to
inform and educate the public about energy problems and ways in
which the public can conserve energy resources;
(c) Engage in research, but whenever possible, contract with
appropriate public or private agencies and dispense funds for
research projects and other services related to energy resources,
except that the State Department of Energy shall endeavor to
avoid duplication of research whether completed or in progress;
(d) Qualify for, accept and disburse or utilize any private or
federal moneys or services available for the administration of
ORS 176.820, { - 192.501 to 192.505, - } 192.690, 469.010 to
469.155, 469.300 to 469.563, 469.990, 757.710 and 757.720;
(e) Administer federal and state energy allocation and
conservation programs and energy research and development
programs and apply for and receive available funds therefor;
(f) Be a clearinghouse for energy research to which all
agencies shall send information on all energy related research;
(g) Prepare contingent energy programs to include all forms of
energy not otherwise provided pursuant to ORS 757.710 and
757.720;
(h) Maintain an inventory of energy research projects in Oregon
and the results thereof;
(i) Collect, compile and analyze energy statistics, data and
information;
(j) Contract with public and private agencies for energy
activities consistent with ORS 469.010 and this section; and
(k) Upon request of the governing body of any affected
jurisdiction, coordinate a public review of a proposed
transmission line according to the provisions of ORS 469.442.
SECTION 87. ORS 469.080 is amended to read:
469.080. (1) The Director of the State Department of Energy may
obtain all necessary information from producers, suppliers and
consumers of energy resources within Oregon, and from political
subdivisions in this state, as necessary to carry out ORS
176.820,
{ - 192.501 to 192.505, - } 192.690, 469.010 to 469.155,
469.300 to 469.563, 469.990, 469.992, 757.710 and 757.720. Such
information may include, but not be limited to:
(a) Sales volume;
(b) Forecasts of energy resource requirements;
(c) Inventory of energy resources; and
(d) Local distribution patterns of information under paragraphs
(a) to (c) of this subsection.
(2) In obtaining information under subsection (1) of this
section, the director, with the written consent of the Governor,
may subpoena witnesses, material and relevant books, papers,
accounts, records and memoranda, administer oaths, and may cause
the depositions of persons residing within or without Oregon to
be taken in the manner prescribed for depositions in civil
actions in circuit courts, to obtain information relevant to
energy resources.
(3) In obtaining information under this section, the director:
(a) Shall avoid eliciting information already furnished by a
person or political subdivision in this state to a federal, state
or local regulatory authority that is available to the director
for such study; and
(b) Shall cause reporting procedures, including forms, to
conform to existing requirements of federal, state and local
regulatory authorities.
(4) Any person who is served with a subpoena to give testimony
orally or in writing or to produce books, papers, correspondence,
memoranda, agreements or the documents or records as provided in
ORS 176.820, { - 192.501 to 192.505, - } 192.690, 469.010 to
469.155, 469.300 to 469.563, 469.990, 469.992, 757.710 and
757.720, may apply to any circuit court in Oregon for protection
against abuse or hardship in the manner provided in ORCP 36 C.
SECTION 88. ORS 469.410 is amended to read:
469.410. (1) Any applicant for a site certificate for an energy
facility shall be deemed to have met all the requirements of ORS
176.820, { - 192.501 to 192.505, - } 192.690, 469.010 to
469.155, 469.300 to 469.563, 469.990, 757.710 and 757.720
relating to eligibility for a site certificate and a site
certificate shall be issued by the Energy Facility Siting Council
for:
(a) Any transmission lines for which application has been filed
with the federal government and the Public Utility Commission of
Oregon prior to July 2, 1975; and
(b) Any energy facility under construction on July 2, 1975.
(2) Each applicant for a site certificate under this section
shall pay the fees required by ORS 469.421 (2) to (9), if
applicable, and shall execute a site certificate in which the
applicant agrees:
(a) To abide by the conditions of all licenses, permits and
certificates required by the State of Oregon or any subdivision
in the state to operate the energy facility and issued prior to
July 2, 1975; and
(b) On and after July 2, 1975, to abide by the rules of the
Director of the State Department of Energy adopted pursuant to
ORS 469.040 (1)(d) and rules of the council adopted pursuant to
ORS 469.300 to 469.563, 469.590 to 469.619 and 469.930.
(3) The council has continuing authority over the site for
which the site certificate is issued and may inspect, or direct
the State Department of Energy to inspect, or request another
state agency or local government to inspect, the site at any time
in order to ensure that the facility is being operated
consistently with the terms and conditions of the site
certificate and any applicable health or safety standards.
(4) The council shall establish programs for monitoring the
environmental and ecological effects of the operation and the
decommissioning of energy facilities subject to site certificates
issued prior to July 2, 1975, to ensure continued compliance with
the terms and conditions of the site certificate and any
applicable health or safety standards.
(5) Site certificates executed by the Governor under ORS
469.400 (1991 Edition) prior to July 2, 1975, shall bind
successor agencies created hereunder in accordance with the terms
of such site certificates. Any holder of a site certificate
issued prior to July 2, 1975, shall abide by the rules of the
director adopted pursuant to ORS 469.040 (1)(d) and rules of the
council adopted pursuant to ORS 469.300 to 469.563, 469.590 to
469.619, 469.930 and 469.992.
SECTION 89. ORS 469.560 is amended to read:
469.560. (1) Except as provided in subsection (2) of this
section and { - ORS 192.501 to 192.505 - } { + sections 12 to
24 of this 2013 Act + }, any information filed or submitted
pursuant to ORS 469.300 to 469.563, 469.590 to 469.619, 469.930
and 469.992 shall be made available for public inspection and
copying during regular office hours of the State Department of
Energy at the expense of any person requesting copies.
(2) Any information, other than that relating to the public
safety, relating to secret process, device, or method of
manufacturing or production obtained in the course of inspection,
investigation or activities under ORS 469.300 to 469.563, 469.590
to 469.619, 469.930 and 469.992 shall be kept confidential and
shall not be made a part of public record of any hearing.
SECTION 90. ORS 476.090 is amended to read:
476.090. (1) The State Fire Marshal shall keep a record of all
fires occurring in this state and of all facts concerning the
same, including statistics as to the extent of such fires and the
damage caused, whether such losses were covered by insurance, and
if so, in what amount. All such records shall be public, except
any testimony, information or other evidence taken in an
investigation under ORS 476.010 to 476.090, 476.155 to 476.170,
476.210 to 476.270 and 479.180, which shall be considered
investigatory information as described in { - ORS 192.501 - }
{ + section 13 of this 2013 Act + }.
(2) This section { - shall - } { + does + } not apply to
forestlands under the jurisdiction of the State Forester.
SECTION 91. ORS 520.027 is amended to read:
520.027. (1) A person may not drill an information hole or a
hole drilled as part of a seismic program without first applying
for approval from the State Department of Geology and Mineral
Industries and paying the fee established in ORS 520.017. The
application must be submitted on a form provided by the
department and must include all information requested by the
department.
(2) A person issued an approval under this section shall comply
with all terms of the department's approval and any other
applicable law or rule. The department may not require the person
receiving approval under this section to provide information from
seismic programs. The department may require the submittal of
information from information holes, but the information is a
trade secret under { - ORS 192.501 - } { + section 16 of this
2013 Act + } and is not subject to public disclosure under ORS
192.410 to 192.505.
SECTION 92. ORS 520.097 is amended to read:
520.097. (1) For a period of two years from the date of
abandonment or completion of a well, all well logs and records
and well reports submitted to the State Department of Geology and
Mineral Industries are trade secrets under { - ORS 192.501 - }
{ + section 16 of this 2013 Act + } and are not subject to
public disclosure under ORS 192.410 to 192.505, and all drill
cuttings and cores may not be disclosed to the public unless such
protection is waived by the permittee or disclosure is required
by a court order.
(2) The department may extend the period under subsection (1)
of this section up to an additional five years on the request of
the permittee or the permittee's successor in interest.
SECTION 93. ORS 522.365 is amended to read:
522.365. (1) Each operator of any geothermal well or the
designated agent of the operator shall file with the State
Department of Geology and Mineral Industries a copy of the log,
history and core record, or any portion thereof, promptly upon
completion, or upon the written request of the department at any
time after the commencement of the work of drilling any
geothermal well, and upon plugging and decommissioning or upon
suspension of operations for a period of at least six months.
(2) For a period of four years after the receipt of any log,
history, core record, or any portion thereof, such record shall
be exempt from disclosure as a trade secret pursuant to { - ORS
192.501 - } { + section 16 of this 2013 Act + } unless the
operator gives approval to release the data.
SECTION 94. ORS 526.280 is amended to read:
526.280. In furtherance of the policy established in ORS
526.277, the State Forester shall:
(1) Establish a policy of active and inclusive communication
with the federal government, public bodies as defined in ORS
174.109, residents of Oregon and interested parties regarding the
utilization of woody biomass produced through forest health
restoration. The State Forester shall actively utilize the
statutory provisions of the National Forest Management Act of
1976, the Forest and Rangeland Renewable Resources Planning Act
of 1974, the National Environmental Policy Act of 1969, the
Federal Land Policy and Management Act of 1976 and the Healthy
Forests Restoration Act of 2003 that allow the state to
participate in federal policy development in a manner that
expresses the policy established in ORS 526.277.
(2) Promote public involvement in the identification of the
areas of interface between urban lands and forestlands that pose
the highest potential to threaten lives and private property.
(3) Solicit public comment on the location of biomass-based
energy projects and conversion facilities.
(4) Promote public understanding, through education and
outreach, of forest conditions, forest management options, the
potential benefits and potential consequences of woody biomass
utilization, the quality and quantity of woody biomass on federal
lands and the potential for woody biomass utilization to assist
in reducing wildfire risk and in enhancing forest health,
diversity and resilience. The State Forestry Department may
coordinate with the State Department of Energy, the Oregon
Business Development Department, Oregon State University, the
State Department of Fish and Wildlife, the Department of
Environmental Quality and other entities in any education and
outreach performed pursuant to this subsection.
(5) Assess the types of woody biomass available and serve as an
information resource for persons seeking to utilize woody biomass
for energy development. Notwithstanding { - ORS 192.501 - }
{ + sections 12 to 24 of this 2013 Act + }, reports on any
assessment of woody biomass conducted by the State Forester shall
be made available for public inspection.
(6) Promote public understanding that woody biomass utilization
may be an effective tool for restoration of forest health and for
economic development in rural communities.
(7) Develop and apply, with advice from the forestry program at
Oregon State University, the State Department of Fish and
Wildlife, the Department of Environmental Quality and other
sources, the best available scientific knowledge and technologies
pertaining to forest and wildlife habitat restoration and woody
biomass utilization when developing rules under ORS 527.630.
(8) Seek opportunities to provide a source of woody biomass
from federal, tribal, state and private forests.
(9) Periodically prepare a report utilizing, to the greatest
extent practicable, data collected from state and federal sources
that specify the effect of woody biomass collection and
conversion on the plant and wildlife resources and on the air and
water quality of this state. The report shall identify any
changes that the State Forester determines are necessary to
encourage woody biomass collection and conversion and to avoid
negative effects on the environment from woody biomass collection
and conversion. The State Forester shall submit the report to the
Governor and to an appropriate legislative interim committee with
jurisdiction over forestry issues.
SECTION 95. ORS 632.840 is amended to read:
632.840. (1) The State Department of Agriculture shall adopt
rules regulating the manner in which egg-laying hens may be
confined in an enclosure for purposes of ORS 632.835 to 632.850.
The rules must:
(a) Be designed to promote humane welfare standards;
(b) Be effective in protecting consumers from food-borne
pathogens;
(c) Require that enclosures constructed or otherwise acquired
before January 1, 2012, meet standards equivalent to the
requirements for certification established in the United Egg
Producers' Animal Husbandry Guidelines for U.S. Egg Laying
Flocks; and
(d) Require that enclosures constructed or otherwise acquired
on or after January 1, 2012, meet, or be convertible into
enclosures that meet, standards equivalent to the requirements
for certification of enriched colony facility systems established
in the American Humane Association's farm animal welfare
certification program.
(2) The department may impose a civil penalty pursuant to ORS
183.745, not to exceed $2,500, for violation of a provision of
ORS 632.835 to 632.850.
(3) Upon renewal of an egg handler's license described in ORS
632.715 or a commercial egg breaker's permit described in ORS
632.730, a commercial farm owner or operator that is engaged in
the commercial production of eggs in this state shall provide the
department with a business plan describing the manner by which
the commercial farm intends to comply with the rules adopted
pursuant to the amendments to this section by section 9, chapter
436, Oregon Laws 2011. Notwithstanding { - ORS 192.501 or
192.502 - } { + sections 12 to 24 of this 2013 Act + }, the
business plan is a public record subject to full disclosure.
SECTION 96. ORS 632.840, as amended by section 5, chapter 436,
Oregon Laws 2011, is amended to read:
632.840. (1) The State Department of Agriculture shall adopt
rules regulating the manner in which egg-laying hens may be
confined in an enclosure for purposes of ORS 632.835 to 632.850.
The rules must:
(a) Be designed to promote humane welfare standards;
(b) Be effective in protecting consumers from food-borne
pathogens;
(c) Require that enclosures constructed or otherwise acquired
before January 1, 2012, meet standards equivalent to the
requirements for certification established in the United Egg
Producers' Animal Husbandry Guidelines for U.S. Egg Laying
Flocks; and
(d) Require that enclosures constructed or otherwise acquired
on or after January 1, 2012, meet, or be convertible into
enclosures that meet, standards equivalent to the requirements
for certification of enriched colony facility systems established
in the American Humane Association's farm animal welfare
certification program.
(2) The department may impose a civil penalty pursuant to ORS
183.745, not to exceed $2,500, for violation of a provision of
ORS 632.835 to 632.850.
(3) The department shall inspect at reasonable times commercial
farms engaged in the production of eggs for the purpose of
enforcing the provisions of ORS 632.835 to 632.850.
(4) The department may fix, assess and collect, or cause to be
collected, from commercial farm owners or operators fees for the
inspections performed by employees or agents of the department
under subsection (3) of this section. The fees must have a
uniform basis and must be in an amount reasonably necessary to
cover the costs of the inspections and related administrative
duties under ORS 632.835 to 632.850. The department shall adjust
the fees under this subsection to meet any expenses necessary to
carry out subsection (3) of this section and may prescribe a
different fee scale for different localities. The department may
prescribe a reasonable charge to be paid by commercial farm
owners or operators for travel expenses and other related
services if inspections under this section involve unusual cost
to the department. Moneys from fees and charges collected by the
department under this subsection must be deposited in the
Department of Agriculture Service Fund and are continuously
appropriated to the department to be used for the purpose of
enforcing ORS 632.835 to 632.850.
(5)(a) Upon renewal of an egg handler's license described in
ORS 632.715 or a commercial egg breaker's permit described in ORS
632.730, a commercial farm owner or operator that is engaged in
the commercial production of eggs in this state shall provide the
department with a business plan describing the manner by which
the commercial farm intends to comply with the rules adopted
pursuant to the amendments to this section by section 9, chapter
436, Oregon Laws 2011. Notwithstanding { - ORS 192.501 or
192.502 - } { + sections 12 to 24 of this 2013 Act + }, the
business plan is a public record subject to full disclosure.
(b) The department shall report annually to the Legislative
Assembly on the rate at which commercial farm owners or operators
that are engaged in the commercial production of eggs in this
state are complying with the business plans submitted to the
department under paragraph (a) of this subsection.
SECTION 97. ORS 632.840, as amended by sections 5 and 7,
chapter 436, Oregon Laws 2011, is amended to read:
632.840. (1) The State Department of Agriculture shall adopt
rules regulating the manner in which egg-laying hens may be
confined in an enclosure for purposes of ORS 632.835 to 632.850.
The rules must:
(a) Be designed to promote humane welfare standards;
(b) Be effective in protecting consumers from food-borne
pathogens;
(c) Require that enclosures constructed or otherwise acquired
before January 1, 2012, meet standards equivalent to the
requirements for certification established in the United Egg
Producers' Animal Husbandry Guidelines for U.S. Egg Laying
Flocks; and
(d) Require that enclosures constructed or otherwise acquired
on or after January 1, 2012, meet standards equivalent to the
requirements for certification of enriched colony facility
systems established in the American Humane Association's farm
animal welfare certification program. In no event may the rules
authorize confining an egg-laying hen in an enclosure that
provides less than 116.3 square inches of individually usable
floor space per hen.
(2) The department may impose a civil penalty pursuant to ORS
183.745, not to exceed $2,500, for violation of a provision of
ORS 632.835 to 632.850.
(3) The department shall inspect at reasonable times commercial
farms engaged in the production of eggs for the purpose of
enforcing the provisions of ORS 632.835 to 632.850.
(4) The department may fix, assess and collect, or cause to be
collected, from commercial farm owners or operators fees for the
inspections performed by employees or agents of the department
under subsection (3) of this section. The fees must have a
uniform basis and must be in an amount reasonably necessary to
cover the costs of the inspections and related administrative
duties under ORS 632.835 to 632.850. The department shall adjust
the fees under this subsection to meet any expenses necessary to
carry out subsection (3) of this section and may prescribe a
different fee scale for different localities. The department may
prescribe a reasonable charge to be paid by commercial farm
owners or operators for travel expenses and other related
services if inspections under this section involve unusual cost
to the department. Moneys from fees and charges collected by the
department under this subsection must be deposited in the
Department of Agriculture Service Fund and are continuously
appropriated to the department to be used for the purpose of
enforcing ORS 632.835 to 632.850.
(5)(a) Upon renewal of an egg handler's license described in
ORS 632.715 or a commercial egg breaker's permit described in ORS
632.730, a commercial farm owner or operator that is engaged in
the commercial production of eggs in this state shall provide the
department with a business plan describing the manner by which
the commercial farm intends to comply with the aspirational goals
established by the Legislative Assembly in section 8a, chapter
436, Oregon Laws 2011, and the rules adopted pursuant to the
amendments to this section by section 9, chapter 436, Oregon Laws
2011. Notwithstanding { - ORS 192.501 or 192.502 - } { +
sections 12 to 24 of this 2013 Act + }, the business plan is a
public record subject to full disclosure.
(b) The department shall report annually to the Legislative
Assembly on the rate at which commercial farm owners or operators
that are engaged in the commercial production of eggs in this
state are complying with the business plans submitted to the
department under paragraph (a) of this subsection.
SECTION 98. ORS 646.473 is amended to read:
646.473. (1) Except as provided in subsection (2) of this
section, ORS 646.461 to 646.475 supersede conflicting tort,
restitution or other law of Oregon providing civil remedies for
misappropriation of a trade secret.
(2) ORS 646.461 to 646.475 shall not affect:
(a) Contractual remedies, whether or not based upon
misappropriation of a trade secret;
(b) Other civil remedies that are not based upon
misappropriation of a trade secret;
(c) Criminal remedies, whether or not based upon
misappropriation of a trade secret; or
(d) Any defense, immunity or limitation of liability afforded
public bodies, their officers, employees or agents under ORS
30.260 to 30.300.
(3) Notwithstanding any other provision in ORS 646.461 to
646.475, public bodies and their officers, employees and agents
are immune from any claim or action for misappropriation of a
trade secret that is based on the disclosure or release of
information in obedience to or in good faith reliance on any
order of disclosure issued pursuant to ORS 192.410 { - to
192.490 - } { + to 192.505 + } or on the advice of an attorney
authorized to advise the public body, its officers, employees or
agents.
SECTION 99. ORS 656.702 is amended to read:
656.702. (1)(a) The records of the State Accident Insurance
Fund Corporation are subject to ORS 192.410 to 192.505.
(b) Notwithstanding { - ORS 192.502 - } { + sections 12 to
24 of this 2013 Act + }, the State Accident Insurance Fund
Corporation shall make the accident experience records of the
corporation available to a bona fide rating organization to
assist in making workers' compensation rates. Costs involved in
making the records available shall be borne by the rating
organization. Accident experience records of carrier-insured
employers shall also be available on the same terms to assist in
making such rates.
(2) { - Disclosure of - } Workers' compensation claim
records of the Department of Consumer and Business Services
{ - is governed by ORS 192.502 (20) - } { + are exempt from
disclosure under sections 12 to 24 of this 2013 Act + }.
SECTION 100. ORS 657.734 is amended to read:
657.734. (1) As used in this section:
(a) 'Public body' has the meaning given that term in ORS
{ - 192.410 - } { + 174.109 + }.
(b) 'System participant' means:
(A) Mandatory partners under the federal Workforce Investment
Act of 1998 (enacted as P.L. 105-220 and codified as 29 U.S.C.
2801 et seq.) and other one-stop system partners, which may
include public bodies and private organizations; and
(B) Public bodies and private organizations that have been
approved by the Director of the Employment Department, in
consultation with the Education and Workforce Policy Advisor, to
participate in the Performance Reporting Information System.
(2) There is established the Performance Reporting Information
System for the purpose of collecting, analyzing and sharing
statistical and demographic data for the development and
reporting of workforce system performance measures.
(3) The Performance Reporting Information System is intended to
share the data described in subsection (2) of this section, by
agreement, with all system participants.
(4) The Director of the Employment Department shall administer
and, in consultation with the Education and Workforce Policy
Advisor, oversee the development of the Performance Reporting
Information System. System participants shall be designated as
participants in the system by rule of the Employment Department,
in consultation with the Education and Workforce Policy Advisor.
A system participant shall enter into an interagency or other
applicable agreement with the director that:
(a) Establishes protocols for the collection and sharing of
data in the system;
(b) Establishes safeguards for protecting the confidentiality
of data in the system;
(c) Includes provisions regarding informed consent for sharing
information obtained from individuals; and
(d) Provides for the sharing of costs for developing and
maintaining the system.
(5)(a) All individual record information in the Performance
Reporting Information System is confidential and may not be
disclosed as a public record under the provisions of ORS 192.410
to 192.505. As administrator of the system, the director may view
all data or individual record information in the system. System
participants may not allow public access to information received
from the system that identifies a particular individual unless
required by law. System participants shall limit the disclosure
of, or refuse to disclose, aggregate or summary level information
when a small number of aggregated records or some other factor
creates a reasonable risk that the identity of individuals may be
discovered or disclosed.
(b) System participants shall provide information in a format
that encodes identifying data, including the client's Social
Security number, using a formula unique to the system
participant. In disclosing Social Security numbers to the
system, system participants shall comply with any state and
federal laws that govern the collection and use of Social
Security numbers by the system participant and any additional
requirements specified by the director, in consultation with the
Education and Workforce Policy Advisor, that are included in the
agreement entered into under subsection (4) of this section.
(6) The information in the Performance Reporting Information
System is not a public record for purposes of ORS 192.410 to
192.505. For purposes of ORS 192.410 to 192.505, the information
submitted to the system and the information received from the
system is a public record, and the custodian of such information
is the system participant that submits or receives the
information. If the system participant receiving the information
is not a public body, the department shall keep a copy of the
system information sent to that system participant and shall be
the custodian of that copy for purposes of ORS 192.410 to
192.505. As custodian, the department shall limit the disclosure
of, or refuse to disclose, aggregate or summary level information
when a small number of aggregated records or some other factor
creates a reasonable risk that the identity of individuals may be
discovered or disclosed. The department shall refer all other
requests for disclosure of system information to the public body
that is the custodian of the information.
(7) The department may { + not + } charge a { - reasonable
fee under ORS 192.440 - } { + fee + } for the disclosure of
reports containing only aggregate data to individuals, public
bodies or private organizations { + , except as provided in ORS
192.410 to 192.505 + }.
(8) If a system participant prepares or acquires a record that
is confidential under federal or state law, { - including ORS
192.502 (2), - } the system participant does not violate state
confidentiality laws by providing the information described in
this section to the Performance Reporting Information System.
Notwithstanding the provisions of ORS 279C.815 (4), 279C.850 (3),
657.665 and 660.339, the Bureau of Labor and Industries, the
Department of Community Colleges and Workforce Development and
the Employment Department are authorized to provide information
to the system.
(9) Any individual who, without proper authority, discloses
confidential information under this section may be disqualified
from holding any appointment or employment with the State of
Oregon. The department shall adopt by rule procedures to prevent
disclosure of confidential information submitted to the
Performance Reporting Information System.
SECTION 101. ORS 659A.209 is amended to read:
659A.209. ORS 659A.200 to 659A.224 are not intended to:
(1) Allow disclosure of records exempt from disclosure except
as provided in { - ORS 192.501 to 192.505 - } { + sections 12
to 24 of this 2013 Act + }.
(2) Prevent public employers from prohibiting employee
disclosure of information of an advisory nature to the extent
that it covers other than purely factual materials and is
preliminary to any final agency determination of policy or
action.
SECTION 102. ORS 671.338 is amended to read:
671.338. { - (1) Notwithstanding ORS 192.420: - }
{ + (1) + }(a) In addition to any exemption from disclosure
provided under { - ORS 192.501 (4) - } { + sections 12 to 24
of this 2013 Act + }, State Landscape Architect Board examination
materials, file records of examination grading and performance,
transcripts from educational institutions, letters of inquiry,
letters of reference and board inquiry forms concerning
applicants or registrants are confidential and may not be
disclosed except as provided in paragraph (b) of this subsection
or subsection (2) of this section.
(b) Investigatory information developed or obtained by the
board is confidential and not subject to disclosure by the board
unless a notice is issued for a contested case hearing or the
matter investigated is finally resolved by board action or a
consent order. The board shall notify the registrant of the
investigation. The public may obtain information confirming that
an investigation is being conducted and describing the general
nature of the matter being investigated.
(2) The board may appoint an advisory committee to conduct an
investigation described under subsection (1)(b) of this section
on behalf of the board. Investigatory information developed or
obtained by an advisory committee is confidential unless a notice
is issued for a contested case hearing or the matter investigated
is finally resolved by board action or a consent order. The board
may discuss in open session matters that are being reviewed by an
advisory committee, but may not disclose confidential information
into the public record.
(3) Notwithstanding any confidentiality established under
subsection (1) or (2) of this section, if the board or an
advisory committee meets in executive session to discuss an
investigation, the board or committee may permit other public
officials and members of the press to attend the executive
session. Notwithstanding ORS 192.610 to 192.690, the public
officials and members of the press attending the executive
session may not disclose information discussed by the board or
committee during the session until the information ceases to be
confidential under subsection (1) or (2) of this section.
SECTION 103. ORS 678.442, as amended by section 8, chapter 43,
Oregon Laws 2012, is amended to read:
678.442. (1) The Oregon State Board of Nursing shall establish
standards for certifying and shall certify as a nursing assistant
any person who:
(a) Submits an application;
(b)(A) Shows completion of an approved training program for
nursing assistants; or
(B) Has military training or experience that the board
determines is substantially equivalent to the training required
by subparagraph (A) of this paragraph; and
(c) Passes a board approved examination.
(2) In the manner prescribed in ORS chapter 183, the board may
revoke or suspend a certificate issued under this section or may
reprimand a nursing assistant for the following reasons:
(a) Conviction of the certificate holder of a crime where such
crime bears demonstrable relationship to the duties of a nursing
assistant. A copy of the record of such conviction, certified to
by the clerk of the court entering the conviction, shall be
conclusive evidence of the conviction.
(b) Any willful fraud or misrepresentation in applying for or
procuring a certificate or renewal thereof.
(c) Impairment as defined in ORS 676.303.
(d) Violation of any provisions of ORS 678.010 to 678.445 or
rules adopted thereunder.
(e) Physical condition that makes the certificate holder unable
to perform safely the duties of a nursing assistant.
(f) Conduct unbecoming a nursing assistant in the performance
of duties.
(3) The board shall establish by rule a procedure for the
biennial renewal of nursing assistant certificates. The
certificate renewal procedure must be substantially like the
procedure established for the licensing of nurses under ORS
678.101.
(4) Notwithstanding { - ORS 192.501 - } { + sections 12 to
24 of this 2013 Act + }, the board may use the results of a
nursing assistant examination for the continuing education of
applicants for certification as a nursing assistant.
SECTION 104. ORS 697.732 is amended to read:
697.732. (1) To enforce the provisions of ORS 697.612 and
697.642 to 697.702, the Director of the Department of Consumer
and Business Services may:
(a) Examine a debt management service provider or a person
required to obtain a registration as a debt management service
provider under ORS 697.612 and the debt management service
provider's or the person's accounts for the purpose of
investigating a violation of ORS 697.642 to 697.702.
(b) Undertake an investigation, including an investigation
outside this state, that the director considers necessary to:
(A) Determine whether a debt management service provider or a
person required to obtain a registration as a debt management
service provider under ORS 697.612 violated, is violating or is
about to violate ORS 697.612 or 697.642 to 697.702 or a rule the
director adopted under ORS 697.632; or
(B) Aid in enforcing the provisions of ORS 697.612 and 697.642
to 697.702 and in formulating rules for adoption under ORS
697.632.
(c) Require a debt management service provider or a person
required to obtain a registration as a debt management service
provider under ORS 697.612 to file a written statement, under
oath or otherwise, that addresses a matter the director is
investigating.
(d) Administer oaths and affirmations, subpoena witnesses,
compel the witnesses to attend, take evidence and require a
person that the director is investigating to produce books,
papers, correspondence, memoranda, agreements or other documents
or records that the director deems relevant or material to the
investigation. A witness who appears before the director under a
subpoena shall receive the fees and mileage described in ORS
44.415 (2).
(e) Charge and require a debt management service provider or a
person required to obtain a registration as a debt management
service provider under ORS 697.612 to pay for the reasonable cost
of an examination or investigation conducted under this section
in an amount the director specifies.
(2) If a person does not comply with a subpoena that the
director issues under this section, a circuit court in this state
upon the director's application shall begin contempt proceedings
to compel compliance in the same manner in which the court would
compel compliance with a subpoena in a civil action.
(3) A debt management service provider or a person required to
obtain a registration as a debt management service provider under
ORS 697.612 shall provide the director for the purpose of
investigating a violation of ORS 697.612 or 697.642 to 697.702
with free access to the debt management service provider's or the
person's offices, places of business, books, accounts, records,
papers, files, safes and vaults.
(4)(a) The director shall maintain for public inspection a
record of any order the director issued that:
(A) Suspended, revoked or refused to renew a person's
registration as a debt management service provider; or
(B) Imposed a civil penalty under ORS 697.832.
(b) The record that the director maintains of the director's
order shall show:
(A) The form of the order that the director issued;
(B) The name of the person that is the subject of the order;
and
(C) The grounds for the action that the director took in the
order.
(c) The director shall maintain as a public record any notice
or other information that indicates that a collection on a
deposit or on the bond required under ORS 697.642 has occurred.
(d) Except as provided in this subsection, records, reports and
other information that the director receives or compiles as a
result of an investigation conducted under this section are
exempt from the disclosure required under ORS { - 192.420 - }
{ + 192.410 to 192.505 + }.
SECTION 105. ORS 705.137 is amended to read:
705.137. (1) Except as provided in subsection (3) of this
section, a document, material or other information that is in the
possession or control of the Department of Consumer and Business
Services for the purpose of administering ORS 86A.095 to 86A.198,
86A.990, 86A.992, 697.005 to 697.095, 697.602 to 697.842, 717.200
to 717.320, 717.900 and 717.905 and ORS chapters 59, 723, 725 and
726, the Bank Act and the Insurance Code and that is described in
statute as confidential or as not subject to disclosure is not
subject to disclosure under ORS 192.410 to 192.505, is not
subject to subpoena and is not subject to discovery or admissible
in evidence in a private civil action. The Director of the
Department of Consumer and Business Services may use a
confidential document, material or other information in
administering ORS 86A.095 to 86A.198, 86A.990, 86A.992, 697.005
to 697.095, 697.602 to 697.842, 717.200 to 717.320, 717.900 and
717.905 and ORS chapters 59, 723, 725 and 726, the Bank Act and
the Insurance Code and in furthering a regulatory or legal action
brought as a part of the director's duties.
(2) A document, material or other information to which
subsection (1) of this section applies is subject to the public
officer privilege described in ORS 40.270.
(3) In order to assist in the performance of the director's
duties, the director may:
(a) Authorize sharing a confidential document, material or
other information that is subject to subsection (1) of this
section as appropriate among the administrative divisions and
staff offices of the department created under ORS 705.115 for the
purpose of administering and enforcing the statutes identified in
subsection (1) of this section, in order to enable the
administrative divisions and staff offices to carry out the
functions and responsibilities of the administrative divisions
and staff offices.
(b) Share a document, material or other information, including
a confidential document, material or other information that is
subject to subsection (1) of this section or that is otherwise
confidential under { - ORS 192.501 or 192.502 - }
{ + sections 12 to 24 of this 2013 Act + }, with other state,
federal, foreign and international regulatory and law enforcement
agencies and with the National Association of Insurance
Commissioners and affiliates or subsidiaries of the National
Association of Insurance Commissioners, if the recipient agrees
to maintain the confidentiality of the document, material or
other information.
(c) Receive a document, material or other information,
including an otherwise confidential document, material or other
information, from state, federal, foreign and international
regulatory and law enforcement agencies and from the National
Association of Insurance Commissioners and affiliates or
subsidiaries of the National Association of Insurance
Commissioners. As provided in this section, the director shall
maintain the confidentiality of documents, materials or other
information received upon notice or with an understanding that
the document, material or other information is confidential or
privileged under the laws of the jurisdiction that is the source
of the document, material or other information.
(4) Disclosing a document, material or other information to the
director under this section or sharing a document, material or
other information as authorized in subsection (3) of this section
does not waive an applicable privilege or claim of
confidentiality in the document, material or other information.
(5) This section does not prohibit the director from releasing
a final, adjudicated action, including a suspension or revocation
of a certificate of authority or a license if the action is
otherwise open to public inspection, to a database or other
clearinghouse service maintained by the National Association of
Insurance Commissioners or affiliates or subsidiaries of the
National Association of Insurance Commissioners.
SECTION 106. ORS 706.720 is amended to read:
706.720. (1) The Director of the Department of Consumer and
Business Services shall receive and file in the Department of
Consumer and Business Services all reports required by the Bank
Act.
(2) Except as provided in subsection (3) of this section and
ORS 706.730, the records of the Department of Consumer and
Business Services pertaining to the administration of the Bank
Act are available for public inspection unless the director
determines in a particular instance that an Oregon operating
institution or the directors, stockholders, officers, employees
and customers of the Oregon operating institution have an
interest in keeping the records confidential that outweighs the
public interest in disclosing the records, or that the records
are exempt from disclosure under { - ORS 192.501 to 192.505 - }
{ + sections 12 to 24 of this 2013 Act + }. A determination by
the director under this subsection is subject to review under ORS
192.410 to 192.505.
(3) Except as provided in subsections (4) and (5) of this
section, the following records of the department are exempt from
disclosure or production and shall be treated as confidential as
provided in ORS 705.137:
(a) Examination reports and work papers, directives, orders and
correspondence that relate to examination reports.
(b) Financial statements of and investigatory information
concerning persons subject to investigation by the director under
ORS 707.070, 707.080, 707.110, 707.140, 707.145, 707.155 or
707.705.
(c) Proprietary information.
(d) Reviews of financial statements submitted to the director.
(e) Reports filed under ORS 706.655.
(f) Stockholder lists.
(g) Correspondence, reports or other information obtained from
or provided to the Financial Crimes Enforcement Network
established by order of the United States Secretary of the
Treasury.
(4) Notwithstanding subsection (3) of this section, the
director may disclose a record that is specified in this
subsection and that pertains to an Oregon operating institution
that has been liquidated under ORS 711.400 to 711.615 if the
director determines in a particular instance that the public
interest in disclosure of the record outweighs the interests of
the Oregon operating institution or of the directors,
stockholders, officers, employees or customers of the Oregon
operating institution in keeping the record confidential. The
director may not in any circumstances, however, disclose a record
or a portion of a record that contains proprietary information or
information that relates to an individual's financial activities
or affairs unless the director concludes that the activities or
affairs were a direct and substantial contributing factor in the
failure of the Oregon operating institution. This subsection
applies to the following records of the department:
(a) Examination reports and work papers, directives, orders and
correspondence relating to examination reports;
(b) Investigatory information concerning persons subject to
investigation by the director under ORS 707.070, 707.080,
707.110, 707.140, 707.145, 707.155 or 707.705;
(c) Reviews of financial statements; and
(d) Reports filed under ORS 706.655.
(5) Notwithstanding ORS 40.270, an officer of the department
may be examined concerning records that are exempt from
disclosure under subsection (2) or (3) of this section and ORS
706.730. The records are subject to production if the court
before which a civil or criminal action is pending finds that the
examination and production is essential for establishing a claim
or defense. In making a finding under this subsection, if the
court views the records, the court shall do so in camera.
(6) A civil penalty imposed by the director under the Bank Act
shall become subject to public inspection after the 20th day
after the director imposes the civil penalty.
(7) All records of the department pertaining to the condition
of Oregon operating institutions may be furnished to:
(a) The Federal Reserve Bank and examiners from the Federal
Reserve Bank.
(b) The Comptroller of the Currency of the United States and
national bank examiners.
(c) The Federal Deposit Insurance Corporation and examiners
from the Federal Deposit Insurance Corporation.
(d) The Federal Home Loan Bank of which the operating
institution is a member or to which the operating institution has
applied for membership.
(e) The State Treasurer if the Oregon operating institution is
or has applied to become a depository of public fund deposits.
(f) A supervisory authority that regulates financial
institutions, financial holding companies or bank holding
companies.
(g) The respective Oregon operating institution, or the
financial holding company or bank holding company that controls
an Oregon operating institution.
(8) The director shall prescribe and furnish to interested
persons the forms for all reports required by the Bank Act.
(9) If the director is requested to disclose any record subject
to this section and the record contains both material that is
exempt from disclosure under this section or any other provision
of law and material that is not exempt from disclosure, the
director shall separate the exempt and nonexempt material and
shall disclose only the nonexempt material.
SECTION 107. ORS 723.118 is amended to read:
723.118. (1) The Director of the Department of Consumer and
Business Services shall receive and file in the Department of
Consumer and Business Services all reports required under this
chapter.
(2) Except as provided in subsection (3) of this section, the
records of the department pertaining to the administration of
this chapter are available for public inspection unless the
director determines in a particular instance that the credit
union or the directors, members, officers or employees of the
credit union have an interest in keeping the records confidential
that outweighs the public interest in disclosing the records, or
that the records are exempt from disclosure under { - ORS
192.501 to 192.505 - } { + sections 12 to 24 of this 2013
Act + }. A determination by the director under this subsection is
subject to review under ORS 192.410 to 192.505.
(3) Except as provided in subsections (4) and (5) of this
section, the following records of the department are exempt from
disclosure or production and shall be treated as confidential as
provided in ORS 705.137:
(a) Examination reports and work papers, directives, orders and
correspondence that relate to examination reports.
(b) Financial statements of and investigatory information
concerning persons subject to investigation by the director under
ORS 723.014 or 723.132.
(c) Proprietary information.
(d) Reviews of financial statements submitted to the director.
(e) The name of a member or borrower and the amount of shares,
deposits or debts of a member or borrower.
(f) Correspondence, reports or other information obtained from
or provided to the Financial Crimes Enforcement Network
established by order of the United States Secretary of the
Treasury.
(4) Notwithstanding subsection (3) of this section and except
as otherwise provided in this subsection, the director may
disclose a record that is specified in this subsection and that
pertains to a credit union that has been liquidated under ORS
723.676 if the director determines in a particular instance that
the public interest in disclosing the record outweighs the
interests of the credit union or of the directors, members,
officers or employees of the credit union in keeping the record
confidential. The director may not disclose a record or portion
of a record that contains proprietary information or information
that relates to an individual's financial activities or affairs
unless the director concludes that the activities or affairs were
a direct and substantial contributing factor in the failure of
the credit union. This subsection applies to the following
records of the department:
(a) Examination reports and work papers, directives, orders and
correspondence that relate to examination reports.
(b) Investigatory information concerning persons subject to
investigation by the director under ORS 723.014 or 723.132.
(c) Reviews of financial statements.
(d) Reports filed under ORS 723.106.
(5) Notwithstanding ORS 40.270, an officer of the department
may be examined concerning records that are exempt from
disclosure under subsection (2) or (3) of this section. The
records are subject to production if the court before which a
civil or criminal action is pending finds that the examination
and production is essential for establishing a claim or defense.
In making a finding under this subsection, if the court views the
records, the court shall do so in camera.
(6) All records of the department pertaining to the condition
of credit unions may be furnished to:
(a) The National Credit Union Administration.
(b) The Federal Home Loan Bank of which the credit union is a
member or to which the credit union has applied for membership.
(c) The State Treasurer if the credit union is a depository of
public fund deposits.
(d) The respective credit union.
(7) If the director is requested to disclose a record subject
to this section and the record contains both material that is
exempt from disclosure under this section or any other provision
of law and material that is not exempt from disclosure, the
director shall separate the exempt and nonexempt material and may
disclose only the nonexempt material.
SECTION 108. ORS 741.510 is amended to read:
741.510. (1) Except as provided in subsection (3) of this
section, documents, materials or other information that is in the
possession or control of the Oregon Health Insurance Exchange
Corporation for the purpose of carrying out ORS 741.002, 741.310
and 741.500 or complying with federal health insurance exchange
requirements, and that is protected from disclosure by state or
federal law, remains confidential and is not subject to
disclosure under ORS 192.410 to 192.505 or subject to subpoena or
discovery or admissible into evidence in any private civil action
in which the corporation is not a named party. The executive
director of the corporation may use confidential documents,
materials or other information without further disclosure in
order to carry out the duties described in ORS 741.002, 741.310
and 741.500 or to take any legal or regulatory action authorized
by law.
(2) Documents, materials and other information to which
subsection (1) of this section applies is subject to the public
officer privilege described in ORS 40.270.
(3) In order to assist in the performance of the executive
director's duties, the executive director may:
(a) Authorize the sharing of confidential documents, materials
or other information that is subject to subsection (1) of this
section within the corporation and subject to any conditions on
further disclosure, for the purpose of carrying out the duties
and functions of the corporation or complying with federal health
insurance exchange requirements.
(b) Authorize the sharing of confidential documents, materials
or other information that is subject to subsection (1) of this
section or that is otherwise confidential under { - ORS 192.501
or 192.502 - } { + ORS 192.410 to 192.505 + } with other state
or federal health insurance exchanges or regulatory authorities,
the Oregon Health Authority, the Department of Consumer and
Business Services, law enforcement agencies and federal
authorities, if required or authorized by state or federal law
and if the recipient agrees to maintain the confidentiality of
the documents, materials or other information.
(c) Receive documents, materials or other information,
including documents, materials or other information that is
otherwise confidential, from other state or federal health
insurance exchanges or regulatory authorities, the Oregon Health
Authority, the Department of Consumer and Business Services, law
enforcement agencies or federal authorities. The executive
director shall maintain the confidentiality requested by the
sender of the documents, materials or other information received
under this section as necessary to comply with the laws of the
jurisdiction from which the documents, materials or other
information was received and originated.
(4) The disclosure of documents, materials or other information
to the executive director under this section, or the sharing of
documents, materials or other information as authorized in
subsection (3) of this section, does not waive any applicable
privileges or claims of confidentiality in the documents,
materials or other information.
(5) This section does not prohibit the executive director from
releasing to a database or other clearinghouse service maintained
by federal authorities a final, adjudicated order, including a
certification, recertification, suspension or decertification of
a qualified health plan under ORS 741.002, if the order is
otherwise subject to public disclosure.
SECTION 109. ORS 743.862 is amended to read:
743.862. (1) An independent review organization shall perform
the following duties when appointed under ORS 743.857 to review a
dispute under a health benefit plan between an insurer and an
enrollee:
(a) Decide whether the dispute pertains to an adverse benefit
determination and notify the enrollee and insurer in writing of
the decision. If the decision is against the enrollee, the
independent review organization shall notify the enrollee of the
right to file a complaint with or seek other assistance from the
Department of Consumer and Business Services and the availability
of other assistance as specified by the department.
(b) Appoint a reviewer or reviewers as determined appropriate
by the independent review organization.
(c) Notify the enrollee of information that the enrollee is
required to provide and any additional information the enrollee
may provide, and when the information must be submitted as
provided in ORS 743.857.
(d) Notify the insurer of additional information the
independent review organization requires and when the information
must be submitted as provided in ORS 743.857.
(e) Decide the dispute relating to the adverse benefit
determination of the insurer and issue the decision in writing.
(2) A decision by an independent review organization shall be
based on expert medical judgment after consideration of the
enrollee's medical record, the recommendations of each of the
enrollee's providers, relevant medical, scientific and
cost-effectiveness evidence and standards of medical practice in
the United States. An independent review organization must make
its decision in accordance with the coverage described in the
health benefit plan, except that the independent review
organization may override the insurer's standards for medically
necessary or experimental or investigational treatment if the
independent review organization determines that the standards of
the insurer are unreasonable or are inconsistent with sound
medical practice.
(3) When review is expedited, the independent review
organization shall issue a decision not later than the third day
after the date on which the enrollee applies to the insurer for
an expedited review or the Director of the Department of Consumer
and Business Services orders an expedited review.
(4) When a review is not expedited, the independent review
organization shall issue a decision not later than the 30th day
after the enrollee applies to the insurer for a review or the
director orders a review.
(5) An independent review organization shall file synopses of
its decisions with the director according to the format and other
requirements established by the director. The synopses shall
exclude information that is confidential, that is otherwise
exempt from disclosure under { - ORS 192.501 and 192.502 - }
{ + sections 12 to 24 of this 2013 Act + } or that may otherwise
allow identification of an enrollee. The director shall make the
synopses public.
SECTION 110. ORS 777.795 is amended to read:
777.795. (1) Except as provided in subsection (2) of this
section, the written records of an export trading corporation
shall be public records available for inspection under ORS
192.410 to 192.505.
(2) In addition to the exemptions set forth in { - ORS
192.501 to 192.505 - } { + sections 12 to 24 of this 2013
Act + }, the following public records of an export trading
corporation are exempt from disclosure:
(a) Information consisting of financial, commercial, sales,
production, cost or similar business records of a private concern
or enterprise which is not otherwise required to be disclosed by
state or federal law.
(b) Trade secrets, as defined in { - ORS 192.501 (2) - }
{ + ORS 646.461 + }.
SECTION 111. ORS 802.183 is amended to read:
802.183. (1) The Department of Transportation may establish
fees reasonably calculated to reimburse it for its actual cost in
making personal information available to a person or government
agency authorized under ORS 802.179 to obtain the information.
Fees established under this subsection are subject to the
provisions of { - ORS 192.440 (4) to (6) - } { + ORS 192.410
to 192.505 + }.
(2) The department may adopt rules specifying conditions that
must be met by a person or government agency requesting personal
information under ORS 802.179. Such conditions may include but
need not be limited to:
(a) Providing reasonable assurance of the identity of the
requester;
(b) Providing reasonable assurance of the uses to which the
personal information will be put, if applicable;
(c) Showing that the individual whose personal information is
to be disclosed has given permission for the disclosure, if
permission is required; and
(d) Submitting a written request for the personal information
in a form prescribed by the department.
SECTION 112. ORS 802.187 is amended to read:
802.187. (1) Nothing in ORS 802.175 to 802.187 authorizes
disclosure by the Department of Transportation of personal
information that is barred from disclosure by the provisions of
{ - ORS 192.445 or 192.502 (2) - } { + sections 12 to 24 of
this 2013 Act + }.
(2) Nothing in ORS 802.175 to 802.187 prohibits an individual
from having access to personal information about the individual
that is contained in motor vehicle records.
{ +
REPEALS + }
SECTION 113. { + ORS 192.420, 192.423, 192.440, 192.445,
192.450, 192.460, 192.465, 192.470, 192.480, 192.490, 192.501 and
192.502 are repealed. + }
{ +
MISCELLANEOUS + }
SECTION 114. { + (1) ORS 192.493, 192.496 and 192.505 are
added to and made a part of sections 12 to 24 of this 2013 Act.
(2) Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 to 24 of
this 2013 Act are added to and made a part of ORS 192.410 to
192.505. + }
SECTION 115. { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
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