Bill Text: OR HB3319 | 2011 | Regular Session | Introduced
Bill Title: Relating to public records; declaring an emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3319 Detail]
Download: Oregon-2011-HB3319-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 3545
House Bill 3319
Sponsored by Representative BARKER (at the request of Department
of Justice)
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.
Establishes deadlines by which public bodies must respond to
public records requests. Provides exceptions. Delays application
of deadlines to local governments until July 1, 2013. Provides
exceptions.
Limits amount of fees public bodies may charge for responding
to public records requests. Provides exceptions.
Establishes jurisdiction of Attorney General to hear petitions
for review of public records in custody of certain elected
officials by persons denied right to inspect records.
Reorganizes exemptions from disclosure of public records.
Modifies exemptions from disclosure of certain public records
related to business, reports of government waste, fraud or abuse
made to Secretary of State, personnel discipline records, records
of Oregon Corrections Enterprises, records of State Treasurer
with respect to privately placed investments, and certain
enterprise zone qualification records.
Eliminates exemptions from disclosure for milk marketing
records, marine accident reports, Governor disability evaluation
panel records and records obtained by Attorney General through
subpoena in criminal investigations.
Eliminates sunset on exemption from disclosure for personal and
professional information of persons conducting certain medical
research for Oregon Health and Science University.
Requires disclosure of public records to which exemption
applies, in cases where public interest clearly requires
disclosure in particular instance. Provides exceptions.
Declares emergency, effective on passage.
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, 161.336, 166.274, 176.309, 177.180, 181.548, 181.560,
181.854, 190.050, 192.410, 192.420, 192.423, 192.440, 192.460,
192.465, 192.480, 192.490, 192.493, 192.495, 192.505, 192.650,
268.357, 279B.055, 279B.060, 279C.107, 279C.410, 285C.145,
287A.350, 305.493, 312.030, 312.190, 358.905, 358.915, 409.225,
419C.532, 421.344, 421.347, 421.349, 421.359, 421.442, 426.155,
431.627, 433.009, 441.055, 442.583, 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, 583.490, 656.702, 657.732,
657.734, 659A.209, 671.338, 705.137, 706.720, 723.118, 743.862,
777.795, 802.183, 802.187 and 830.490; repealing ORS 180.075,
192.501 and 192.502; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
PROCEDURES + }
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) 'Local government' means every public body that is
not a state agency. + }
{ - (2) - } { + (3) + } 'Person' includes any natural
person, corporation, partnership, firm, association or member or
committee of the Legislative Assembly.
{ - (3) - } { + (4) + } '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.
{ - (4)(a) - } { + (5)(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.
(b) 'Public record' does not include { + :
(A) + } Any writing that does not relate to the conduct of the
public's business and that is contained on a privately owned
computer.
{ + (B) An electronic record that has been deleted in
conformity with the applicable retention period established by
the State Archivist under ORS 192.105, regardless of whether the
electronic record could be recovered by the public body. This
subparagraph does not authorize a public body to delete an
electronic record after receiving a request to which the
electronic record is responsive.
(C) Electronic metadata. + }
{ - (5) - } { + (6) + } '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) - } { + (7) + } '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.
SECTION 2. 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 38 to 49 of this 2011 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 3. ORS 192.423 is amended to read:
192.423. (1) When a public record is subject to disclosure
under { - ORS 192.502 (9)(b) - } { + section 46 (4)(b)(B) of
this 2011 Act + }, in lieu of making the public record available
for inspection by providing a copy of the record, the public body
may prepare and release a condensation from the record of the
significant facts that are not otherwise exempt from disclosure
under ORS 192.410 to 192.505. The release of the condensation
does not waive any privilege under ORS 40.225 to 40.295.
(2) The person seeking to inspect or receive a copy of any
public record for which a condensation of facts has been provided
under this section may petition for review of the denial to
inspect or receive a copy of the records under ORS 192.410 to
192.505. In such a review, the Attorney General, district
attorney or court shall, in addition to reviewing the records to
which access was denied, compare those records to the
condensation to determine whether the condensation adequately
describes the significant facts contained in the records.
SECTION 4. ORS 192.440 is amended to read:
192.440. (1) The custodian of any public record that { - a
person has a right to inspect shall give the person - } { + is
not subject to exemption from disclosure under ORS 192.410 to
192.505 shall provide + }, upon request:
{ - (a) A copy of the public record if the public record is
of a nature permitting copying; or - }
{ - (b) - } { + (a) + } A reasonable opportunity to inspect
or copy the public record { - . - } { + ; or
(b) A copy of the public record, in the physical or electronic
format requested, if the copy can reasonably be created using the
public body's existing resources. If an electronic copy is
requested in a format that cannot reasonably be created using the
existing resources of the public body, the custodian shall make
the public record available in the form in which the custodian
maintains the public record. + }
{ - (2) If a person makes a written request to inspect a
public record or to receive a copy of a public record, the public
body receiving the request shall respond as soon as practicable
and without unreasonable delay. The public body may request
additional information or clarification from the requester for
the purpose of expediting the public body's response to the
request. The response of the public body must acknowledge receipt
of the request and must include one of the following: - }
{ - (a) A statement that the public body does not possess, or
is not the custodian of, the public record. - }
{ - (b) Copies of all requested public records for which the
public body does not claim an exemption from disclosure under ORS
192.410 to 192.505. - }
{ - (c) A statement that the public body is the custodian of
at least some of the requested public records, an estimate of the
time the public body requires before the public records may be
inspected or copies of the records will be provided and an
estimate of the fees that the requester must pay under subsection
(4) of this section as a condition of receiving the public
records. - }
{ - (d) A statement that the public body is the custodian of
at least some of the requested public records and that an
estimate of the time and fees for disclosure of the public
records will be provided by the public body within a reasonable
time. - }
{ - (e) A statement that the public body is uncertain whether
the public body possesses the public record and that the public
body will search for the record and make an appropriate response
as soon as practicable. - }
{ - (f) A statement that state or federal law prohibits the
public body from acknowledging whether the record exists or that
acknowledging whether the record exists would result in the loss
of federal benefits or other sanction. A statement under this
paragraph must include a citation to the state or federal law
relied upon by the public body. - }
{ - (3) If the public record is maintained in a machine
readable or electronic form, the custodian shall provide a copy
of the public record in the form requested, if available. If the
public record is not available in the form requested, the
custodian shall make the public record available in the form in
which the custodian maintains the public record. - }
{ - (4)(a) The public body may establish fees reasonably
calculated to reimburse the public body for the public body's
actual cost of making public records available, including costs
for summarizing, compiling or tailoring the public records,
either in organization or media, to meet the person's
request. - }
{ - (b) The public body may include in a fee established
under paragraph (a) of this subsection the cost of time spent by
an attorney for the public body in reviewing the public records,
redacting material from the public records or segregating the
public records into exempt and nonexempt records. The public body
may not include in a fee established under paragraph (a) of this
subsection the cost of time spent by an attorney for the public
body in determining the application of the provisions of ORS
192.410 to 192.505. - }
{ - (c) The public body may not establish a fee greater than
$25 under this section unless the public body first provides the
requestor with a written notification of the estimated amount of
the fee and the requestor confirms that the requestor wants the
public body to proceed with making the public record
available. - }
{ - (d) Notwithstanding paragraphs (a) to (c) of this
subsection, when the public records are those filed with the
Secretary of State under ORS chapter 79 or ORS 80.100 to 80.130,
the fees for furnishing copies, summaries or compilations of the
public records are those established by the Secretary of State by
rule, under ORS chapter 79 or ORS 80.100 to 80.130. - }
{ - (5) The custodian of any public record may furnish copies
without charge or at a substantially reduced fee if the custodian
determines that the waiver or reduction of fees is in the public
interest because making the record available primarily benefits
the general public. - }
{ - (6) A person who believes that there has been an
unreasonable denial of a fee waiver or fee reduction may petition
the Attorney General or the district attorney in the same manner
as a person petitions when inspection of a public record is
denied under ORS 192.410 to 192.505. The Attorney General, the
district attorney and the court have the same authority in
instances when a fee waiver or reduction is denied as it has when
inspection of a public record is denied. - }
{ - (7) A public body shall make available to the public a
written procedure for making public record requests that
includes: - }
{ - (a) The name of one or more persons to whom public record
requests may be sent, with addresses; and - }
{ - (b) The amounts of and the manner of calculating fees
that the public body charges for responding to requests for
public records. - }
{ - (8) - } { + (2) + } This section does not apply to
signatures of individuals submitted under ORS chapter 247 for
purposes of registering to vote as provided in ORS 247.973.
SECTION 5. { + Upon receipt of a written request to inspect or
receive copies of records, a state agency shall:
(1) As soon as practicable, and within 10 working days of
receipt of the request, provide an estimate of any fee over $25
that the state agency will charge in connection with the request.
The estimate shall be calculated in a manner consistent with the
requirements of section 22 of this 2011 Act, and shall be based
on the information available to the state agency at the time of
the estimate.
(2) Except as provided by subsection (3) of this section or by
section 8 or 11 of this 2011 Act, provide the requester with one
of the following responses within 10 working days of receiving
the request:
(a) A response that complies with section 16 of this 2011 Act;
or
(b) Notice that the state agency is extending the deadline for
providing a response under paragraph (a) of this subsection for a
period not to exceed an additional 10 working days, followed by a
response that complies with section 16 of this 2011 Act within
the additional time period stated in the notice.
(3)(a) Notwithstanding subsection (2) of this section, if a
state agency determines that it is unable to comply with the
deadlines imposed by subsection (2) of this section, the state
agency may ask the Attorney General to authorize additional time
to provide a response that complies with section 16 of this 2011
Act. A state agency must make this request at least two working
days before the expiration of the applicable deadline established
by subsection (2) of this section, including any extension
noticed by the state agency.
(b) The Attorney General shall reply to the request within two
working days, one of which shall not be counted against the
deadline established by subsection (2) of this section. The
Attorney General shall grant a request for additional time under
this subsection only if the Attorney General is satisfied that
responding to the request within the time otherwise permitted
would place a significant burden on the state agency. If the
Attorney General grants the request, the Attorney General shall
notify the state agency and the requester in writing, and shall
allow only such additional time as the Attorney General
determines is reasonably necessary to respond to the request.
(c) After a request for additional time is granted, the state
agency shall thereafter provide a response that complies with
section 16 of this 2011 Act within the time allowed by the
Attorney General. + }
SECTION 6. Section 5 of this 2011 Act is amended to read:
{ + Sec. 5. + } Upon receipt of a written request to inspect
or receive copies of records, a { - state agency - } { +
public body + } shall:
(1) As soon as practicable, and within 10 working days of
receipt of the request, provide an estimate of any fee over $25
that the { - state agency - } { + public body + } will charge
in connection with the request. The estimate shall be calculated
in a manner consistent with the requirements of section 22 of
this 2011 Act, and shall be based on the information available to
the { - state agency - } { + public body + } at the time of
the estimate.
(2) Except as provided by subsection (3) of this section or by
section 8 or 11 of this 2011 Act, provide the requester with one
of the following responses within 10 working days of receiving
the request:
(a) A response that complies with section 16 of this 2011 Act;
or
(b) Notice that the { - state agency - } { + public
body + } is extending the deadline for providing a response under
paragraph (a) of this subsection for a period not to exceed an
additional 10 working days, followed by a response that complies
with section 16 of this 2011 Act within the additional time
period stated in the notice.
(3)(a) Notwithstanding subsection (2) of this section, if a
state agency determines that it is unable to comply with the
deadlines imposed by subsection (2) of this section, the state
agency may ask the Attorney General to authorize additional time
to provide a response that complies with section 16 of this 2011
Act. A state agency must make this request at least two working
days before the expiration of the applicable deadline established
by subsection (2) of this section, including any extension
noticed by the state agency.
(b) The Attorney General shall reply to the request within two
working days, one of which shall not be counted against the
deadline established by subsection (2) of this section. The
Attorney General shall grant a request for additional time under
this subsection only if the Attorney General is satisfied that
responding to the request within the time otherwise permitted
would place a significant burden on the state agency. If the
Attorney General grants the request, the Attorney General shall
notify the state agency and the requester in writing, and shall
allow only such additional time as the Attorney General
determines is reasonably necessary to respond to the request.
(c) After a request for additional time is granted, the state
agency shall thereafter provide a response that complies with
section 16 of this 2011 Act within the time allowed by the
Attorney General.
{ + (4)(a) Notwithstanding subsection (2) of this section, if
a local government determines that it is unable to comply with
the deadlines imposed by subsection (2) of this section, the
local government may ask the district attorney in the county
where the local government is located to authorize additional
time to provide a response that complies with section 16 of this
2011 Act. If the local government is located in more than one
county, the local government may ask the district attorney in the
county where the administrative offices of the local government
are located to authorize additional time to provide a response
that complies with section 16 of this 2011 Act.
(b) A request under paragraph (a) of this subsection shall be
considered by the district attorney in the same manner as the
Attorney General is required to consider a request from a state
agency under subsection (3) of this section, and shall have the
same consequences as described in that subsection. + }
SECTION 7. { + The amendments to section 5 of this 2011 Act by
section 6 of this 2011 Act become operative July 1, 2013. + }
SECTION 8. { + (1) If a public records request is made for
purposes related to actual or likely litigation, and is made by
or on behalf of a person who is or expects to be a party, then
notwithstanding the deadlines established by section 5 (2) of
this 2011 Act, a state agency may elect:
(a) To provide a response that complies with section 16 of this
2011 Act on a schedule consistent with the schedule for discovery
established in the litigation, if the request is made at least 30
working days prior to the close of discovery; or
(b) To not provide a response, if the request is made less than
30 working days before the close of discovery. If the state
agency elects to not provide a response, the requester may
resubmit the request following the conclusion of litigation. If
the request is so resubmitted, the state agency shall provide a
response that complies with section 16 of this 2011 Act within an
amount of time that is reasonable under the circumstances.
(2) Any person making a request that triggers a state agency's
authority to proceed under this section shall inform the state
agency of the purpose of the request.
(3) A state agency electing to proceed under this section must
inform the requester of the state agency's election within 10
working days of receiving the request or within 10 working days
of receiving notice of the purpose of the request, whichever is
later. A state agency that fails to comply with this requirement
is subject to the deadlines of section 5 (2) of this 2011
Act. + }
SECTION 9. Section 8 of this 2011 Act is amended to read:
{ + Sec. 8. + } (1) If a public records request is made for
purposes related to actual or likely litigation, and is made by
or on behalf of a person who is or expects to be a party, then
notwithstanding the deadlines established by section 5 (2) of
this 2011 Act, a { - state agency - } { + public body + } may
elect:
(a) To provide a response that complies with section 16 of this
2011 Act on a schedule consistent with the schedule for discovery
established in the litigation, if the request is made at least 30
working days prior to the close of discovery; or
(b) To not provide a response, if the request is made less than
30 working days before the close of discovery. If the { - state
agency - } { + public body + } elects to not provide a
response, the requester may resubmit the request following the
conclusion of litigation. If the request is so resubmitted, the
{ - state agency - } { + public body + } shall provide a
response that complies with section 16 of this 2011 Act within an
amount of time that is reasonable under the circumstances.
(2) Any person making a request that triggers a { - state
agency's - } { + public body's + } authority to proceed under
this section shall inform the { - state agency - } { + public
body + } of the purpose of the request.
(3) A { - state agency - } { + public body + } electing to
proceed under this section must inform the requester of the
{ - state agency's - } { + public body's + } election within
10 working days of receiving the request or within 10 working
days of receiving notice of the purpose of the request, whichever
is later. A { - state agency - } { + public body + } that
fails to comply with this requirement is subject to the deadlines
of section 5 (2) of this 2011 Act.
SECTION 10. { + The amendments to section 8 of this 2011 Act
by section 9 of this 2011 Act become operative July 1, 2013. + }
SECTION 11. { + (1) If a public records request is made for a
commercial or business purpose other than disseminating the
information to the general public, then notwithstanding the
deadlines established by section 5 (2) of this 2011 Act, a state
agency may elect to provide a response that complies with section
16 of this 2011 Act within an amount of time that is reasonable
under the circumstances.
(2) Any person making a request that triggers the authority of
a state agency to proceed under this section shall inform the
state agency of the purpose of the request.
(3) A state agency electing to proceed under this section must
inform the requester of the state agency's election within 10
working days of receiving the request or within 10 working days
of receiving notice of the purpose of the request, whichever is
later. A state agency that fails to comply with this requirement
is subject to the deadlines of section 5 (2) of this 2011
Act. + }
SECTION 12. Section 11 of this 2011 Act is amended to read:
{ + Sec. 11. + } (1) If a public records request is made for
a commercial or business purpose other than disseminating the
information to the general public, then notwithstanding the
deadlines established by section 5 (2) of this 2011 Act, a
{ - state agency - } { + public body + } may elect to provide
a response that complies with section 16 of this 2011 Act within
an amount of time that is reasonable under the circumstances.
(2) Any person making a request that triggers the authority of
a { - state agency - } { + public body + } to proceed under
this section shall inform the { - state agency - } { + public
body + } of the purpose of the request.
(3) A { - state agency - } { + public body + }electing to
proceed under this section must inform the requester of the
{ - state agency's - } { + public body's + } election within 10
working days of receiving the request or within 10 working days
of receiving notice of the purpose of the request, whichever is
later. A { - state agency - } { + public body + }that fails
to comply with this requirement is subject to the deadlines of
section 5 (2) of this 2011 Act.
SECTION 13. { + The amendments to section 11 of this 2011 Act
by section 12 of this 2011 Act become operative July 1, 2013. + }
SECTION 14. { + (1) For purposes of sections 5, 8 and 11 of
this 2011 Act, a request is considered received on the first
working day following the date when it is received at the address
designated by the public body under the policy required by
section 28 of this 2011 Act.
(2) In calculating compliance with deadlines established by
section 5, 8 or 11 of this 2011 Act, the following periods of
time may not be counted:
(a) The time from a public body's request for clarification,
beginning with and including the day on which the request for
clarification is delivered, through the working day after which
clarification is provided; and
(b) The time from delivery of a public body's estimate of a fee
in excess of $25, beginning with and including the day on which
the estimate is delivered, through the first working day
following the date on which:
(A) The fee is fully waived, either by the public body
voluntarily or through a final, unappealed order requiring the
public body to waive the fee;
(B) The requester agrees to pay the fee; or
(C) If the fee exceeds $150 and the public body requires
prepayment of the fee, the public body receives prepayment of the
fee. + }
SECTION 15. { + Within two working days of receiving a written
request to inspect or receive copies of public records, a public
body shall provide the requester with a written acknowledgment of
receipt of the request. An acknowledgment under this section must
include each of the following that apply under the circumstances,
to the extent known by the person sending the acknowledgment at
the time the acknowledgment is sent:
(1) A statement that the public body does not possess, or is
not the custodian of, a requested record.
(2) A statement that the public body is the custodian of a
requested record.
(3) A statement that the public body is uncertain whether the
public body is the custodian of a requested record.
(4) A statement that state or federal law prohibits the public
body from acknowledging whether a record exists or that
acknowledging whether a record exists would result in the loss of
federal benefits or other sanction. A statement under this
subsection must include a citation to the state or federal law
relied upon by the public body. + }
SECTION 16. { + A public body has responded to a request to
inspect or receive a copy of a public record when it has provided
the requester with each of the following that applies:
(1) A copy of any requested public record, or information from
within a public record segregated in accordance with ORS 192.505,
that the public body does not assert is exempt from disclosure.
If inspection has been requested, then in lieu of a copy, the
public body shall provide a statement that the public record is
available for inspection beginning no later than the next working
day. The location for inspection shall be either:
(a) The location where the public body generally keeps the
record or a copy of the record; or
(b) At the option of the public body, a location that is more
convenient to the requester.
(2) If the public body withholds any requested information or
records on the basis of an exemption from disclosure under ORS
192.410 to 192.505, a statement indicating that fact and
identifying any exemptions relied upon by the public body. A
statement under this subsection must include a general
description of the nature and amount of the records or
information withheld, but need not provide a precise count of
documents or pages or a detailed description of the material
withheld.
(3) If the public body asserts that state or federal law
prohibits the public body from acknowledging whether a requested
record exists, or that acknowledging whether a requested record
exists would result in the loss of federal benefits or other
sanction, a statement of that fact that includes a citation to
the state or federal law relied upon by the public body.
(4) A statement that a requested record does not exist or that
the public body is not the custodian of a requested record. + }
SECTION 17. { + The failure of a state agency to provide a
response that complies with section 16 of this 2011 Act within
the time period prescribed by section 5, 8 or 11 of this 2011
Act, as applicable to the particular request, shall be deemed a
denial of the request and the requester may petition for review
of the denial as provided in ORS 192.450. + }
SECTION 18. Section 17 of this 2011 Act is amended to read:
{ + Sec. 17. + } The failure of a { - state agency - }
{ + public body + } to provide a response that complies with
section 16 of this 2011 Act within the time period prescribed by
section 5, 8 or 11 of this 2011 Act, as applicable to the
particular request, shall be deemed a denial of the request and
the requester may petition for review of the denial as provided
in ORS 192.450 { + or 192.460 + }.
SECTION 19. { + The amendments to section 17 of this 2011 Act
by section 18 of this 2011 Act become operative July 1, 2013. + }
SECTION 20. { + A local government that receives a request to
inspect or receive a copy of a public record shall provide a
response that complies with section 16 of this 2011 Act within a
reasonable time. + } { + The failure of an elected official in
local government to deny, grant or deny in part and grant in part
a request to inspect or receive a copy of a public record within
seven days from the date of receipt of the request shall be
treated as a denial of the request for the purpose of determining
whether a person may institute proceedings for injunctive or
declaratory relief under ORS 192.450 or 192.460. + }
SECTION 21. { + Section 20 of this 2011 Act is repealed on
July 1, 2013. + }
SECTION 22. { + (1) Subject to subsection (2) of this section,
a state agency that receives a request to inspect or receive a
copy of a public record may establish fees reasonably calculated
to reimburse the state agency for the actual cost of staff time
necessarily incurred in responding to the request and the actual
costs of paper, electronic storage media or other materials
requested by and provided to the requester.
(2) A state agency may not charge for staff time under
subsection (1) of this section at a rate that would exceed three
times the minimum wage in effect under ORS 653.025 at the time
the request is made.
(3) A state agency may include in fees charged under this
section the cost of time spent by an attorney for the state
agency in reviewing the public records, redacting material from
the public records or segregating the public records into exempt
and nonexempt records. A state agency may not include in a fee
established under this section the cost of time spent by an
attorney for the state agency in determining the application of
ORS 192.410 to 192.505. Fees under this subsection are not
subject to limitation under subsection (2) of this section.
(4) Notwithstanding subsections (1) to (3) of this section, a
state agency may charge fees reasonably calculated to recover the
actual costs of responding to a public records request:
(a) If the request is one described in section 8 or 11 of this
2011 Act;
(b) If the request is made by a party to a pending contested
case proceeding under ORS chapter 183 for purposes related to the
proceeding; or
(c) If the sources of funds otherwise available to pay for the
response are dedicated by trust, the Oregon Constitution or
federal law to a purpose that does not include use of the funds
for responding to a public records request.
(5) Notwithstanding any other provision of ORS 192.410 to
192.505, a state agency need not respond to a public records
request made by a requester with an unpaid balance resulting from
previous public records requests except to inform the requester
that the state agency will not respond due to the unpaid balance
and that the requester may resubmit the request once the
outstanding balance is paid.
(6) Notwithstanding subsections (1) to (5) of this section,
when the public records are those filed with the Secretary of
State under ORS 80.100 to 80.130 or ORS chapter 79, the fees for
furnishing copies, summaries or compilations of the public
records are those established by the Secretary of State by rule
under ORS 80.100 to 80.130 or ORS chapter 79.
(7) Notwithstanding subsections (1) to (5) of this section, a
state agency may not include within fees established under this
section any costs incurred by the agency in removing metadata
from public records. + }
SECTION 23. Section 22 of this 2011 Act is amended to read:
{ + Sec. 22. + } (1) Subject to subsection (2) of this
section, a
{ - state agency - } { + public body + } that receives a
request to inspect or receive a copy of a public record may
establish fees reasonably calculated to reimburse the { - state
agency - } { + public body + }for the actual cost of staff
time necessarily incurred in responding to the request and the
actual costs of paper, electronic storage media or other
materials requested by and provided to the requester.
(2) A { - state agency - } { + public body + }may not
charge for staff time under subsection (1) of this section at a
rate that would exceed three times the minimum wage in effect
under ORS 653.025 at the time the request is made.
(3) A { - state agency - } { + public body + }may include
in fees charged under this section the cost of time spent by an
attorney for the
{ - state agency - } { + public body + } in reviewing the
public records, redacting material from the public records or
segregating the public records into exempt and nonexempt records.
A { - state agency - } { + public body + }may not include in
a fee established under this section the cost of time spent by an
attorney for the { - state agency - } { + public body + }in
determining the application of ORS 192.410 to 192.505. Fees under
this subsection are not subject to the limitation of subsection
(2) of this section.
(4) Notwithstanding subsections (1) to (3) of this section, a
{ - state agency - } { + public body + } may charge fees
reasonably calculated to recover the actual costs of responding
to a public records request:
(a) If the request is one described in section 8 or 11 of this
2011 Act;
(b) If the request is made by a party to a pending contested
case proceeding under ORS chapter 183 { + or other similar
formal dispute resolution process + } for purposes related to the
proceeding; or
(c) If the sources of funds otherwise available to pay for the
response are dedicated by trust, the Oregon Constitution or
federal law to a purpose that does not include use of the funds
for responding to a public records request.
(5) Notwithstanding any other provision of ORS 192.410 to
192.505, a { - state agency - } { + public body + }need not
respond to a public records request made by a requester with an
unpaid balance resulting from previous public records requests
except to inform the requester that the { - state agency - }
{ + public body + }will not respond due to the unpaid balance
and that the requester may resubmit the request once the
outstanding balance is paid.
(6) Notwithstanding subsections (1) to (5) of this section,
when the public records are those filed with the Secretary of
State under ORS 80.100 to 80.130 or ORS chapter 79, the fees for
furnishing copies, summaries or compilations of the public
records are those established by the Secretary of State by rule
under ORS 80.100 to 80.130 or ORS chapter 79.
(7) Notwithstanding subsections (1) to (5) of this section, a
{ - state agency - } { + public body + } may not include
within fees established under this section any costs incurred by
the { - agency - } { + public body + } in removing metadata
from public records.
SECTION 24. { + The amendments to section 22 of this 2011 Act
by section 23 of this 2011 Act become operative July 1, 2013. + }
SECTION 25. { + (1) A local government that receives a request
to inspect or receive a copy of a public record may establish
fees reasonably calculated to reimburse the local government for
the actual cost incurred by the local government in making public
records available, including costs for summarizing, compiling or
tailoring the public records, either in organization or media, to
meet the request.
(2) A local government may include in a fee established under
subsection (1) of this section the cost of time spent by an
attorney for the local government in reviewing the public
records, redacting material from the public records or
segregating the public records into exempt and nonexempt records.
The local government may not include in a fee established under
subsection (1) of this section the cost of time spent by an
attorney for the local government in determining the application
of the provisions of ORS 192.410 to 192.505.
(3) A local government may not establish a fee greater than $25
under this section unless the local government first provides the
requester with a written notification of the estimated amount of
the fee and the requester confirms that the requester wants the
local government to proceed with making the public record
available. + }
SECTION 26. { + Section 25 of this 2011 Act is repealed on
July 1, 2013. + }
SECTION 27. { + (1) The custodian of any public record may
furnish copies without charge or at a substantially reduced fee
if the custodian determines that the waiver or reduction of fees
is in the public interest because making the record available
primarily benefits the general public.
(2) A person that believes that there has been an unreasonable
denial of a fee waiver or fee reduction may petition the Attorney
General or the district attorney in the same manner as a person
petitions when inspection of a public record is denied under ORS
192.410 to 192.505. The Attorney General, district attorney or
court have the same authority in instances when a fee waiver or
reduction is denied as the Attorney General, district attorney or
court have when inspection of a public record is denied. + }
SECTION 28. { + A public body shall make available to the
public a written procedure for making public records requests
that includes:
(1) The name of one or more persons to whom public records
requests may be sent, with addresses and electronic mail
addresses if the public body routinely uses electronic mail for
communications; and
(2) Subject to the limits of ORS 192.410 to 192.505, the
amounts of and the manner of calculating fees that the public
body charges for responding to requests for public records. + }
SECTION 29. { + (1) When a public body receives a request to
inspect or receive a copy of a public record under ORS 192.410 to
192.505, the public body, in order to assist the person in making
a focused and effective request that reasonably describes
identifiable public records, shall to the extent reasonable under
the circumstances:
(a) Assist the person in identifying public records that are
responsive to the request or to the purpose of the request, if
known by the public body; and
(b) Provide suggestions to the person for obtaining the
information the requester is seeking in the most convenient and
cost-effective manner.
(2) This section does not apply to requests described in
section 8 or 11 of this 2011 Act. + }
SECTION 30. { + (1) Except in cases where the law specifically
creates a right of action based on the disclosure of particular
information or records, a state agency or an official, volunteer,
employee or agent of a state agency may not be liable to any
person as the result of a disclosure made in a good faith attempt
to comply with ORS 192.410 to 192.505.
(2) If a state agency inadvertently discloses records that are
privileged under ORS 40.225 to 40.295, the inadvertent disclosure
does not constitute a waiver of the privilege if:
(a) A large volume of nonprivileged records are disclosed in
response to the same request for disclosure; and
(b) Either the state agency reasonably did not expect
privileged materials to be among the materials disclosed, or the
state agency searched for privileged materials in a manner that
was reasonable under the circumstances.
(3) Subsection (2) of this section may not be construed to
prevent a state agency from reviewing requested documents in a
manner calculated to avoid the disclosure of privileged
materials. + }
SECTION 31. Section 30 of this 2011 Act is amended to read:
{ + Sec. 30. + } (1) Except in cases where the law
specifically creates a right of action based on the disclosure of
particular information or records, a { - state agency - } { +
public body + } or an official, volunteer, employee or agent of a
{ - state agency - } { + public body + } may not be liable to
any person as the result of a disclosure made in a good faith
attempt to comply with ORS 192.410 to 192.505.
(2) If a { - state agency - } { + public body + }
inadvertently discloses records that are privileged under ORS
40.225 to 40.295, the inadvertent disclosure does not constitute
a waiver of the privilege if:
(a) A large volume of nonprivileged records are disclosed in
response to the same request for disclosure; and
(b) Either the { - state agency - } { + public body + }
reasonably did not expect privileged materials to be among the
materials disclosed, or the { - state agency - } { + public
body + } searched for privileged materials in a manner that was
reasonable under the circumstances.
(3) Subsection (2) of this section may not be construed to
prevent a { - state agency - } { + public body + } from
reviewing requested documents in a manner calculated to avoid the
disclosure of privileged materials.
SECTION 32. { + The amendments to section 30 of this 2011 Act
by section 31 of this 2011 Act become operative on July 1,
2013. + }
SECTION 33. { + The Attorney General shall develop training
materials designed to generally educate public employees with
respect to the requirements of ORS 192.410 to 192.505, and make
those materials freely available on the Attorney General's
website. + }
SECTION 34. ORS 192.460 is amended to read:
192.460. (1) ORS 192.450 applies to the case of a person denied
the right to inspect or to receive a copy of any public record of
a { - public body other than a state agency - } { + local
government + }, except that:
(a) The district attorney of the county in which the
{ - public body - } { + local government + } is located, or if
it is located in more than one county { + , + } the district
attorney of the county in which the administrative offices of the
{ - public body - } { + local government + } are located,
shall carry out the functions of the Attorney General;
(b) Any suit filed must be filed in the circuit court for the
county described in paragraph (a) of this subsection; and
(c) The district attorney may not serve as counsel for the
{ - public body - } { + local government + }, in the cases
permitted under ORS 192.450 (3), unless the district attorney
ordinarily serves as counsel for the { - public body - } { +
local government + }.
(2) Disclosure of a record to the district attorney in
compliance with subsection (1) of this section does not waive any
privilege or claim of privilege regarding the record or its
contents.
(3) Disclosure of a record or part of a record as ordered by
the district attorney is a compelled disclosure for purposes of
ORS 40.285.
SECTION 35. ORS 192.465 is amended to read:
192.465. (1) The failure of the Attorney General or district
attorney to issue an order under ORS 192.450 or 192.460 denying,
granting, or denying in part and granting in part a petition to
require disclosure within { - seven - } { + 10 working + }
days from the day of receipt of the petition shall be treated as
an order denying the petition for the purpose of determining
whether a person may institute proceedings for injunctive or
declaratory relief under ORS 192.450 or 192.460.
(2) The failure of { - an elected official - } { + a person
described in ORS 192.480 (2) + } to deny, grant, or deny in part
and grant in part a request to inspect or receive a copy of a
public record within { - seven - } { + 10 working + } days
from the day of receipt of the request shall be treated as a
denial of the request for the purpose of determining whether a
person may institute proceedings for injunctive or declaratory
relief under ORS 192.450 or 192.460.
SECTION 36. ORS 192.480 is amended to read:
192.480. { + (1) + } In any case in which a person is denied
the right to inspect or to receive a copy of a public record in
the custody of { - an elected official - } { + a person
described in subsection (2) of this section + }, or in the
custody of any other person but as to which { - an elected
official - } { + a person described in subsection (2) of this
section + } claims the right to withhold disclosure, no petition
to require disclosure may be filed with the Attorney General or
district attorney, or if a petition is filed it shall not be
considered by the Attorney General or district attorney after a
claim of right to withhold disclosure by { - an elected
official - } { + a person described in subsection (2) of this
section + }. In such case a person denied the right to inspect or
to receive a copy of a public record may institute proceedings
for injunctive or declaratory relief in the appropriate circuit
court, as specified in ORS 192.450 or 192.460, and the Attorney
General or district attorney may upon request serve or decline to
serve, in the discretion of the Attorney General or district
attorney, as counsel in such suit for { - an elected official
for which the Attorney General or district attorney ordinarily
serves as counsel. Nothing in this section shall preclude an
elected official from requesting advice from the Attorney General
or a district attorney as to whether a public record should be
disclosed - } { + a person described in subsection (2) of this
section + }. { +
(2) This section applies to:
(a) Judges, as defined in ORS 238.500; and
(b) Members of the Legislative Assembly and statutory
committees and statutory offices of the Legislative Assembly. + }
SECTION 37. ORS 192.490 is amended to read:
192.490. (1) In any suit filed under ORS 192.450, 192.460,
192.470 or 192.480, the court has jurisdiction to enjoin the
public body from withholding records and to order the production
of any records improperly withheld from the person seeking
disclosure. The court shall determine the matter de novo and the
burden is on the public body to sustain its action. The court, on
its own motion, may view the documents in controversy in camera
before reaching a decision. Any noncompliance with the order of
the court may be punished as contempt of court.
(2) Except as to causes the court considers of greater
importance, proceedings arising under ORS 192.450, 192.460,
192.470 or 192.480 take precedence on the docket over all other
causes and shall be assigned for hearing and trial at the
earliest practicable date and expedited in every way.
(3) If a person seeking the right to inspect or to receive a
copy of a public record prevails in the suit, the person shall be
awarded costs and disbursements and reasonable attorney fees at
trial and on appeal. If the person prevails in part, the court
may in its discretion award the person costs and disbursements
and reasonable attorney fees at trial and on appeal, or an
appropriate portion thereof. If the state agency failed to comply
with the Attorney General's order in full and did not issue a
notice of intention to institute proceedings pursuant to ORS
192.450 (2) within { - seven - } { + 10 working + } days
after issuance of the order, or did not institute the proceedings
within { - seven - } { + 10 working + } days after issuance
of the notice, the petitioner shall be awarded costs of suit at
the trial level and reasonable attorney fees regardless of which
party instituted the suit and regardless of which party prevailed
therein.
{ +
EXEMPTIONS + }
{ +
(Criminal Investigations) + }
SECTION 38. { + (1) The Legislative Assembly finds and
declares that:
(a) The strong public interest in overseeing government's law
enforcement activities must be balanced against the need to
protect the integrity and efficiency of criminal investigations
and the prosecution of crimes and the need to preserve the right
of the accused to receive a fair trial;
(b) These competing interests generally require nondisclosure
of investigatory information while law enforcement proceedings
are underway, but the need for confidentiality is significantly
diminished at the conclusion of a prosecution; and
(c) The intent of the Legislative Assembly in this section is
to balance these competing interests.
(2) Investigatory information compiled for criminal law
purposes is exempt from disclosure under ORS 192.410 to 192.505
if the interests in nondisclosure outweigh the public interest in
disclosure in the particular instance. The record of an arrest or
the report of a crime shall be disclosed unless and only for so
long as there is a clear need to delay disclosure in the course
of a specific investigation, including the need to protect the
complaining party or the victim. Nothing in this subsection shall
limit any right constitutionally guaranteed, or granted by
statute, to disclosure or discovery in criminal cases. For
purposes of this subsection, the record of an arrest or the
report of a crime includes, but is not limited to:
(a) The arrested person's name, age, residence, employment,
marital status and similar biographical information;
(b) The offense with which the arrested person is charged;
(c) The conditions of release pursuant to ORS 135.230 to
135.290;
(d) The identity of and biographical information concerning
both complaining party and victim;
(e) The identity of the investigating and arresting agency and
the length of the investigation;
(f) The circumstances of arrest, including time, place,
resistance, pursuit and weapons used; and
(g) Such information as may be necessary to enlist public
assistance in apprehending fugitives from justice.
(3) Public records relating to criminal investigations and made
confidential by a statute listed in this subsection are exempt
from disclosure under ORS 192.410 to 192.505 to the extent
provided by a statute listed in this subsection:
(a) ORS 40.225 to 40.295 (privileged communications).
(b) ORS 133.723 (applications for interception of
communications).
(c) ORS 135.155 (defendant statements and preliminary hearing
records).
(d) ORS 137.077 (presentence reports).
(e) ORS 165.673 (phone numbers produced by pin registers or
trap and trace devices).
(f) ORS 181.852 (undercover law enforcement officer
information).
(g) ORS 419A.250 (fingerprint records of children).
(h) ORS 476.090 (investigatory testimony).
(i) ORS 807.725 (fictitious driver license or identification
cards). + }
{ +
(Noncriminal Investigations) + }
SECTION 39. { + (1) The Legislative Assembly finds and
declares that:
(a) The public interest in overseeing government's exercise of
its investigative powers in noncriminal contexts must be balanced
against the harms to the public interest that could result from
disclosure;
(b) Potential harms to the public include alerting
investigative targets to the specifics of ongoing investigations,
curtailing the ability of a public body to obtain information and
damaging the reputational interests of professionals identified
by the Legislative Assembly as requiring special protections; and
(c) The intent of the Legislative Assembly in this section is
to balance these competing interests.
(2) The following public records relating to noncriminal
investigations are exempt from disclosure under ORS 192.410 to
192.505 if the interests in nondisclosure outweigh the public
interest in disclosure in the particular instance:
(a) Investigatory information relating to any complaint filed
under ORS 659A.820 or 659A.825, until such time as the complaint
is resolved under ORS 659A.835, or a final order is issued under
ORS 659A.850.
(b) Investigatory information relating to any complaint or
charge filed under ORS 243.676 and 663.180.
(c) Investigatory information relating to any complaint or
charge filed under ORS chapter 654, until a final administrative
determination is made or, if a citation is issued, until an
employer receives notice of any citation.
(3) Public records relating to noncriminal investigations and
made confidential by a statute listed in this subsection are
exempt from disclosure under ORS 192.410 to 192.505, to the
extent provided by a statute listed in this subsection:
(a) ORS 1.303, 1.425 and 1.440 (judicial fitness and disability
records).
(b) ORS 41.675 (records of peer review bodies of health care
providers and health care groups).
(c) ORS 171.778 (Oregon Government Ethics Commission records).
(d) ORS 342.176 (Teacher Standards and Practices Commission
records).
(e) ORS 423.430 and 423.440 (Corrections Ombudsman records).
(f) ORS 441.055 (health care facility peer review committee
records).
(g) ORS 673.710 and 673.730 (State Board of Tax Practitioners
records, including records furnished by the Department of
Revenue).
(h) ORS 676.165 (complaints, investigatory materials and
related public records of health professional regulatory boards
or the Oregon Health Licensing Agency).
(i) ORS 676.175 and 676.177 (complaints, investigatory
materials and related public records of health professional
regulatory boards or the Oregon Health Licensing Agency).
(j) ORS 679.320 (Oregon Board of Dentistry records).
(k) ORS 682.220 (Oregon Health Authority records relating to
ambulance services).
(L) ORS 685.205 (Oregon Board of Naturopathic Medicine
records).
(m) ORS 687.490 (State Board of Direct Entry Midwifery or
Oregon Health Licensing Agency records).
(n) ORS 703.480 (Department of Public Safety Standards and
Training records related to investigations of violations of ORS
703.401 to 703.490).
(o) ORS 731.264 (complaints and related public records of the
Department of Consumer and Business Services concerning persons
regulated by the Insurance Code).
(p) ORS 279C.815 (records related to determinations of
prevailing rate of wage for workers).
(q) ORS 441.057 (records concerning standards of care at health
care facilities).
(r) ORS 443.355 (records concerning care or services provided
by home health agencies, in-home care agencies, referral agencies
or caregiver registries).
(s) ORS 618.506 (security seal violation records).
(t) ORS 646A.164 (records regarding service contracts regulated
under ORS 646A.150 to 646A.172).
(u) ORS 671.550 (State Landscape Contractors Board records).
(v) ORS 683.335 (Oregon Board of Optometry records).
(w) ORS 684.185 (records of peer review committees established
by the State Board of Chiropractic Examiners).
(x) ORS 744.079 (records relating to the termination of an
insurance business relationship in the control or possession of
the Director of the Department of Consumer and Business
Services).
(y) ORS 583.086 (milk handler audit records).
(z) ORS 633.077 (commercial feed test records).
(aa) ORS 124.085 (records of investigations of reported elder
abuse maintained by the Department of Human Services).
(bb) ORS 244.260 (Oregon Government Ethics Commission
complaints and investigatory materials).
(cc) ORS 654.067 (notice of Department of Consumer and Business
Services inspections prior to the inspection).
(dd) ORS 678.725 (reports of unsatisfactory conditions or
prohibited conduct in nursing homes).
(ee) ORS 646.632 (notice of unlawful trade practice).
(ff) ORS 688.655 (hemodialysis technician investigations).
(gg) ORS 676.608 (investigative communications between
licensees and the Oregon Health Licensing Agency). + }
{ +
(Personal Privacy) + }
SECTION 40. { + (1) The Legislative Assembly finds and
declares that:
(a) As regulators and providers of services, public bodies
often obtain information about individuals that implicate privacy
interests;
(b) The policy of transparency underlying ORS 192.410 to
192.505 is fundamentally concerned with promoting the disclosure
of information about government, not information about
individuals;
(c) There are circumstances in which the public's need to
meaningfully oversee the efficiency and integrity of government
can justify public intrusion into matters that might be
considered private in another context; and
(d) The intent of the Legislative Assembly in this section is
to balance these competing interests.
(2) Except as otherwise provided by law, information of a
personal nature is exempt from disclosure under ORS 192.410 to
192.505 if the public disclosure of the information would
constitute an unreasonable invasion of privacy, unless the public
interest by clear and convincing evidence requires disclosure in
the particular instance. The party seeking disclosure shall have
the burden of showing that public disclosure would not constitute
an unreasonable invasion of privacy.
(3) Individually identifiable health records prepared by a
publicly operated health care provider, or prepared by a
privately operated health care provider and submitted to a public
body, are exempt from disclosure under ORS 192.410 to 192.505,
notwithstanding any claim that the public interest requires their
disclosure. This subsection does not apply to individually
identifiable health records that are:
(a) Submitted in evidence in open court or in a publicly
accessible administrative proceeding; or
(b) Submitted to or obtained by a public body in connection
with a claim that the public body caused or contributed to
causing an injury and is liable as a result.
(4) The following health-related records are exempt from
disclosure under ORS 192.410 to 192.505, notwithstanding any
claim that the public interest requires disclosure in the
particular instance:
(a) Records of law enforcement, to the extent provided by ORS
146.184 (records related to missing persons) and ORS 146.780
(records of injuries reported to medical examiner).
(b) Records of the State Trauma Advisory Board and area trauma
advisory boards, to the extent provided by ORS 431.627 and
431.635.
(c) Records of disease reporting and quarantine petitions and
contagious disease outbreak remediation efforts, to the extent
provided by ORS 433.008 433.123 and 433.423.
(d) Cognitive or functional impairment reports to the
Department of Transportation, to the extent provided by ORS
807.710.
(e) Records of epidemiologic morbidity and mortality studies,
to the extent provided by ORS 432.060, and records of cancer
diagnosis and treatment, to the extent provided by ORS 432.530.
(5) The electronic mail address of a student who attends a
state institution of higher education listed in ORS 352.002 or
Oregon Health and Science University is exempt from disclosure
under ORS 192.410 to 192.505 if the interests in nondisclosure
outweighs the interests in disclosure in the particular instance.
(6) Public records relating to educational information and made
confidential by a statute listed in this subsection are exempt
from disclosure under ORS 192.410 to 192.505 to the extent
provided by a statute listed in this subsection:
(a) ORS 40.225 to 40.295 (privileged communications).
(b) ORS 326.565 and rules adopted thereunder (student records).
(c) ORS 326.589 (Social Security numbers of community college
students).
(d) ORS 337.288 (Spread the Word Program records).
(e) ORS 339.323 and 339.326 (records relating to students
charged with crimes or subject to juvenile court jurisdiction).
(f) ORS 339.378 (school employee reports of child abuse or
sexual conduct).
(g) ORS 341.290 and rules adopted thereunder (records of
community college district students and faculty).
(h) ORS 344.530 and 344.600 (vocational rehabilitation
records).
(i) ORS 351.070 and rules adopted thereunder (Oregon University
System student records).
(j) ORS 332.061 (records of school board meetings regarding
student expulsion or medical issues).
(7) The following public records are exempt from disclosure if
the interests in nondisclosure outweigh the public interest in
disclosure in the particular instance:
(a) A medical examiner's report, autopsy report or laboratory
test report ordered by a medical examiner under ORS 146.117.
(b) Mental health program commitment records, to the extent
provided by ORS 426.370.
(c) The home address, professional address and telephone number
of a person who has donated or who is interested in donating
money or property to the Oregon University System, a state
institution of higher education or the Oregon Health Sciences
University, and other personal information concerning such a
person if the information is related to the family of the person
or personal assets of the person or is incidental information not
related to the donation.
(8) The following public records are exempt from disclosure:
(a) Public Safety Memorial Fund applicant records, to the
extent provided by ORS 243.960.
(b) Personal contact information of individuals submitted to a
special district to obtain assistance in promoting an alternative
to single occupant motor vehicle transportation, and personally
identifiable information about customers of a municipal electric
utility or a people's utility district or the names, dates of
birth, driver license numbers, telephone numbers or electronic
mail addresses of customers who receive water, sewer or storm
drain services from a public body as defined in ORS 174.109.
(c) The Social Security number of any person.
(d) Claimant files of the State Accident Insurance Fund
Corporation, and workers' compensation claim records of the
Department of Consumer and Business Services except in accordance
with rules adopted by the Director of the Department of Consumer
and Business Services. As used in this paragraph, 'claimant files
of the State Accident Insurance Fund Corporation' includes, but
is not limited to, all records held by the corporation pertaining
to a person who has made a claim, as defined in ORS 656.005, and
all records pertaining to such a claim.
(e) Records that certify or verify an individual's discharge or
other separation from military service, to the extent provided by
ORS 408.425.
(9) The following public records are exempt from public
disclosure, notwithstanding any claim that the public interest
requires their disclosure:
(a) Records that are privileged under ORS 40.225 to 40.295, to
the extent that a private person is the holder of the privilege
and the privilege has not been waived.
(b) The records of a library, including:
(A) Circulation records, showing use of specific library
material by a named person;
(B) The name of a library patron together with the address or
telephone number of the patron; and
(C) The electronic mail address of a patron.
(c) Family law records, to the extent provided by ORS 7.211,
25.020, 25.260, 25.792, 107.179, 107.767, 109.308, 109.440,
109.445, 109.503, 180.320, 107.600 and 107.785.
(d) Tax records, to the extent provided by ORS 118.525,
173.850, 285C.615, 285C.620, 305.192, 308.290, 308.411, 314.835,
319.190, 320.340, 321.682 and 673.415.
(e) Need-based assistance program records, to the extent
provided by ORS 151.485, 151.495, 314.860, 410.150, 410.480,
410.535, 411.117, 411.320, 411.335, 412.074 and 412.094.
(f) Records of criminal proceedings and convictions, to the
extent provided by ORS 3.450, 137.077, 137.530, 181.534, 181.548
and 181.592.
(g) Vital records and reports, to the extent provided by ORS
432.121, 432.408, 432.412, 432.420 and 432.430.
(h) Voter records, to the extent provided by ORS 247.965,
247.967 and 247.973.
(i) Commission for the Blind records, to the extent provided by
ORS 346.150, 346.165 and 346.167.
(j) Child welfare and juvenile custody records, to the extent
provided by ORS 409.225, 409.230, 417.815, 418.250, 418.642,
418.714, 418.747, 418.794, 418.795, 419A.170, 419A.255, 419A.257
and 419A.262.
(k) Department of Transportation records, to the extent
provided by ORS 802.177, 802.181, 802.195, 802.220 and 807.115.
(L) No-call list participant records, to the extent provided by
ORS 646.574.
(m) Individual records of certain licensees and applicants for
licensure, to the extent provided by ORS 701.426 (Construction
Contractors Board), 703.473 (Department of Public Safety
Standards and Training), 242.722 (Civil Service Commission) and
676.410 (health professional regulatory boards or healthcare
workforce regulatory boards).
(n) Jury records, to the extent provided by ORS 10.215.
(o) Manufactured dwelling dispute records, to the extent
provided by ORS 90.771.
(p) Employment Department records, to the extent provided by
ORS 657.734, 660.318 and 660.339.
(q) Anatomical Donor Records, to the extent provided by ORS
97.977.
(r) Lawyer's Assistance Committee and Practice Management
Assistance Committee records, to the extent provided by ORS
9.568.
(s) Automatic telephone number identifications received by
public safety answering points, to the extent provided by ORS
403.135.
(t) Communications between clients and regulated social
workers, to the extent provided by ORS 675.580.
(u) Death with Dignity Act records, to the extent provided by
ORS 127.865.
(v) Records of complaints about adult foster homes, to the
extent provided by ORS 443.765.
(w) Records of individual financial accounts. This paragraph
does not apply to:
(A) Records obtained by a public body conducting an authorized
investigation into unlawful conduct based on the public body's
good faith belief that unlawful conduct may have occurred,
except:
(i) During the period while the conduct is being actively
investigated by a public body; or
(ii) If the interests in nondisclosure outweigh the public
interest in disclosure in the particular instance.
(B) Records provided to a public body in connection with a bid
application, grant application or other submission seeking to
establish a business relationship with a public body or seeking
to obtain financial benefit from a public body, except:
(i) During the period before the bid or grant is awarded or
before the public body makes a determination to confer or not to
confer the benefit sought;
(ii) If the only benefit sought is to establish a deposit
account offered by the public body or make a deposit into such an
account;
(iii) If the financial account information is provided solely
to pay a fee associated with an application or other submission;
or
(iv) If the interests in nondisclosure outweigh the public
interest in disclosure in the particular instance. + }
{ +
(Business Records) + }
SECTION 41. { + (1) The Legislative Assembly finds and
declares that:
(a) In regulating and contracting with businesses, public
bodies sometimes obtain information about businesses the
disclosure of which could implicate businesses' ability to
compete in the marketplace;
(b) The policy of transparency underlying ORS 192.410 to
192.505 is fundamentally concerned with promoting the disclosure
of information about government, not information about
businesses;
(c) There are circumstances in which the public's need to
meaningfully oversee the efficiency and integrity of government,
particularly in connection with expenditures of government funds
and the allocation of public goods, requires transparency with
regard to the business dealings of government; and
(d) The intent of the Legislative Assembly in this section is
to balance these competing interests.
(2) Proprietary materials and sensitive business records of a
privately operated business not customarily shared with or
readily discoverable by a competitor are exempt from disclosure
under ORS 192.410 to 192.505 unless the public interest in
disclosure outweighs the interests in nondisclosure in the
particular instance. This subsection does not apply to:
(a) Materials obtained by a public body conducting an
authorized investigation into unlawful conduct based on the
public body's good faith belief that unlawful conduct may have
occurred, except:
(A) During the period in which the conduct is being actively
investigated by a public body; or
(B) If the interests in nondisclosure outweigh the public
interest in disclosure in the particular instance.
(b) Materials provided to a public body in connection with a
bid application, grant application or other submission seeking to
establish a business relationship with a public body or seeking
to obtain financial benefit from a public body, except:
(A) During the period before the bid or grant is awarded or
before the public body makes a determination to confer or not to
confer the benefit sought; or
(B) If the interests in nondisclosure outweigh the public
interest in disclosure in the particular instance.
(3) Trade secrets of a privately operated business are exempt
from disclosure under ORS 192.410 to 192.505. As used in this
subsection, 'trade secrets' has the meaning given that term in
ORS 646.461.
(4) Tax records of a privately operated business are exempt
from disclosure under ORS 192.410 to 192.505, notwithstanding any
claim that the public interest requires disclosure, to the extent
provided by ORS 118.525, 173.850, 285C.615, 285C.620, 305.192,
308.290, 308.411, 314.835, 319.190, 320.340, 321.682 and 673.415.
(5) Records that are privileged under ORS 40.225 to 40.295 are
exempt from disclosure under ORS 192.410 to 192.505,
notwithstanding any claim that the public interest requires
disclosure, to the extent that a privately operated business is
the holder of the privilege and the privilege has not been
waived.
(6) Nothing in this section shall be construed to exempt from
disclosure the overall consideration exchanged in a contract to
which a public body is party. + }
{ +
(Crime Victims) + }
SECTION 42. { + (1) The Legislative Assembly finds and
declares that the safety and privacy of crime victims should be
protected to the extent it is consistent with the integrity and
legitimacy of the criminal justice system. The intent of the
Legislative Assembly in this section is to balance these
competing interests.
(2) Public records relating to crime victims and made
confidential by a statute listed in this subsection are exempt
from disclosure under ORS 192.410 to 192.505 to the extent
provided by a statute listed in this subsection:
(a) ORS 18.048 (criminal restitution recipient records).
(b) ORS 135.873 (information in sex crime cases under
protective order).
(c) ORS 135.815 and 135.970 (certain information about victims
not disclosable to defendants)
(d) ORS 147.115 (crime victim compensation records).
(e) ORS 147.205 (confidential documents obtained by the
Department of Justice in connection with crime victim
compensation).
(f) ORS 147.397 (identities of victims of sexual assault in
records maintained by medical assessment providers).
(g) ORS 192.844 (address confidentiality program records).
(h) ORS 409.273 (information about clients of sexual assault
crisis centers and locations of such centers if designated
confidential by Director of Human Services).
(i) ORS 419B.035 (Department of Human Services child abuse
records).
(j) ORS 659A.196 and 659A.280 (certain employment-related
records of crime victims or family members). + }
{ +
(Whistleblower Information) + }
SECTION 43. { + (1) The Legislative Assembly finds and
declares that:
(a) Limited confidentiality encourages reports of government
and private sector wrongdoing that might otherwise go undetected;
(b) The advantages of limited confidentiality must be balanced
against the need for transparency to ensure that government acts
with integrity, efficiency and evenhandedness in response to
whistleblower complaints; and
(c) The intent of the Legislative Assembly in this section is
to balance these competing interests.
(2) Public records relating to whistleblower information and
made confidential by a statute listed in this subsection are
exempt from disclosure under ORS 192.410 to 192.505 to the extent
provided by a statute listed in this subsection:
(a) ORS 40.275 (identity of criminal investigation informants).
(b) ORS 124.075 and 124.090 (identities of persons making elder
abuse reports or witnesses and elderly persons named in elder
abuse reports).
(c) ORS 177.170 and 177.180 (government waste, inefficiency or
abuse records).
(d) ORS 430.763 (records of abuse of developmentally disabled
individuals or individuals with mental illness).
(e) ORS 441.057 (records of standards of care of health care
facilities).
(f) ORS 654.062 (records of employees making complaints of
safety or health laws, regulations or standards).
(g) ORS 659A.218 (records of public employee disclosures of
unlawful activities. + }
{ +
(Security and Emergency Planning) + }
SECTION 44. { + (1) The Legislative Assembly finds and
declares that the public interest in oversight of measures
implemented by public bodies to ensure security and provide for
effective response to emergencies must be considered alongside
the reality that secrecy is, in some cases, a vital component of
such measures. The intent of the Legislative Assembly in this
section is to balance these competing interests.
(2) The following public records relating to security and
emergency planning are exempt from disclosure under ORS 192.410
to 192.505 if the interests in nondisclosure outweigh the public
interest in disclosure in the particular instance:
(a) Specific operational plans in connection with an
anticipated threat to individual or public safety for deployment
and use of personnel and equipment, prepared or used by a public
body, if public disclosure of the plans would endanger an
individual's life or physical safety or jeopardize a law
enforcement activity.
(b) Records or information that, if disclosed, would allow a
person to:
(A) Gain unauthorized access to buildings or other property;
(B) Identify those areas of structural or operational
vulnerability that would permit unlawful disruption to, or
interference with, services; or
(C) Disrupt, interfere with or gain unauthorized access to
public funds or to information processing, communication or
telecommunication systems, including the information contained in
the systems, that are used or operated by a public body.
(c) Records or information that would reveal or otherwise
identify security measures, or weaknesses or potential weaknesses
in security measures, taken or recommended to be taken to
protect:
(A) An individual;
(B) Buildings or other property;
(C) Information processing, communication or telecommunication
systems, including the information contained in the systems; or
(D) Those operations of the Oregon State Lottery, the security
of which are subject to study and evaluation under ORS 461.180
(6).
(3) The following public records relating to security and
emergency planning are exempt from disclosure under ORS 192.410
to 192.505:
(a) Records of the Energy Facility Siting Council concerning
the review or approval of security programs pursuant to ORS
469.530.
(b) A county elections security plan developed and filed under
ORS 254.074.
(c) Information about review or approval of programs relating
to the security of:
(A) Generation, storage or conveyance of:
(i) Electricity;
(ii) Gas in liquefied or gaseous form;
(iii) Hazardous substances as defined in ORS 453.005 (7)(a),
(b) and (d);
(iv) Petroleum products;
(v) Sewage; or
(vi) Water.
(B) Telecommunication systems, including cellular, wireless or
radio systems.
(C) Data transmissions by whatever means provided.
(4) Public records relating to security and emergency planning
and made confidential by a statute listed in this subsection are
exempt from disclosure under ORS 192.410 to 192.505 to the extent
provided by a statute listed in this subsection:
(a) ORS 1.180 (court security and emergency preparedness
plans).
(b) ORS 176.765 (energy resource records).
(c) ORS 461.180 (Oregon State Lottery security records).
(d) ORS 824.082 (hazardous material transportation
records). + }
{ +
(Public Employee Privacy) + }
SECTION 45. { + (1) The Legislative Assembly finds and
declares that the strong public interest in access to information
about public officials and employees competes with fundamental
privacy rights of individuals who elect to work in public
service. The intent of the Legislative Assembly in this section
is to balance these competing interests.
(2) The following public records relating to public employee
privacy are exempt from disclosure under ORS 192.410 to 192.505,
if the interests in nondisclosure outweigh the public interest in
disclosure in the particular instance:
(a) The names and signatures of employees who sign
authorization cards or petitions for the purpose of requesting
representation or decertification elections.
(b) A personnel discipline action, or materials or documents
supporting that action. This paragraph does not apply to
disciplinary actions taken against managers who are ineligible
for collective bargaining under ORS 243.650 to 243.782 or who are
not members of a collective bargaining unit under those
provisions.
(c) The name, home address, professional address or location of
a person that is engaged in, or that provides goods or services
for, medical research at Oregon Health and Science University
that is conducted using animals other than rodents. This
subsection does not apply to Oregon Health and Science University
press releases, websites or other publications circulated to the
general public.
(d) If requested by a public safety officer, as defined in ORS
181.610:
(A) The home address and home telephone number of the public
safety officer contained in the voter registration records for
the public safety officer.
(B) The home address and home telephone number of the public
safety officer contained in records of the Department of Public
Safety Standards and Training.
(C) The name of the public safety officer contained in county
real property assessment or taxation records. This exemption:
(i) Applies only to the name of the public safety officer and
any other owner of the property in connection with a specific
property identified by the officer in a request for exemption
from disclosure;
(ii) Applies only to records that may be made immediately
available to the public upon request in person, by telephone or
using the Internet;
(iii) Applies until the public safety officer requests
termination of the exemption;
(iv) Does not apply to disclosure of records among public
bodies as defined in ORS 174.109 for governmental purposes; and
(v) May not result in liability for the county if the name of
the public safety officer is disclosed after a request for
exemption from disclosure is made under this subsection.
(e) Unless the public records request is made by a financial
institution, as defined in ORS 706.008, consumer finance company
licensed under ORS chapter 725, mortgage banker or mortgage
broker licensed under ORS 86A.095 to 86A.198, 86A.990 and 86A.992
and ORS chapter 59 or title company for business purposes,
records described in subparagraph (A) of this paragraph, if the
exemption from disclosure of the records is sought by an
individual described in subparagraph (B) of this paragraph using
the procedure described in subparagraph (C) of this paragraph:
(A) The home address, home or cellular telephone number or
personal electronic mail address contained in the records of any
public body that has received the request that is set forth in:
(i) A warranty deed, deed of trust, mortgage, lien, deed of
reconveyance, release, satisfaction, substitution of trustee,
easement, dog license, marriage license or military discharge
record that is in the possession of the county clerk; or
(ii) Any public record of a public body other than the county
clerk.
(B) The individual claiming the exemption from disclosure must
be a district attorney, a deputy district attorney, the Attorney
General or an assistant attorney general, the United States
Attorney for the District of Oregon, an assistant United States
attorney for the District of Oregon, a city attorney who engages
in the prosecution of criminal matters or a deputy city attorney
who engages in the prosecution of criminal matters.
(C) The individual claiming the exemption from disclosure must
do so by filing the claim in writing with the public body for
which the exemption from disclosure is being claimed on a form
prescribed by the public body. Unless the claim is filed with the
county clerk, the claim form shall list the public records in the
possession of the public body to which the exemption applies. The
exemption applies until the individual claiming the exemption
requests termination of the exemption or ceases to qualify for
the exemption.
(f) Records of the Department of Public Safety Standards and
Training relating to investigations conducted under ORS 181.662
or 181.878 (6), until the department issues the report described
in ORS 181.662 or 181.878.
(3) The following public records relating to public employee
privacy are exempt from disclosure under ORS 192.410 to 192.505:
(a) Public body employee or volunteer addresses, Social
Security numbers, dates of birth and telephone numbers contained
in personnel records maintained by the public body that is the
employer or the recipient of volunteer services. This exemption:
(A) Does not apply to the addresses, dates of birth and
telephone numbers of employees or volunteers who are elected
officials, except that a judge or district attorney subject to
election may seek to exempt the judge's or district attorney's
address or telephone number, or both, under the terms of ORS
192.445;
(B) Does not apply to employees or volunteers to the extent
that the party seeking disclosure shows by clear and convincing
evidence that the public interest requires disclosure in a
particular instance;
(C) Does not apply to a substitute teacher as defined in ORS
342.815 when requested by a professional education association of
which the substitute teacher may be a member; and
(D) Does not relieve a public employer of any duty under ORS
243.650 to 243.782.
(b) Employee and retiree address, telephone number and other
nonfinancial membership records and employee financial records
maintained by the Public Employees Retirement System pursuant to
ORS chapters 238 and 238A.
(4) Public records relating to public employee privacy and made
confidential by a statute listed in this subsection are exempt
from disclosure under ORS 192.410 to 192.505 to the extent
provided by a statute listed in this subsection:
(a) ORS 181.675 (public safety officer photographs and personal
information records).
(b) ORS 181.854 (public safety employee photographs and
personal information on records).
(c) ORS 181.860 (peer support counseling records).
(d) ORS 342.850 (teacher evaluation and personnel file
records).
(e) ORS 339.388 (child abuse or sexual conduct records).
(f) ORS 351.065 (higher education faculty personnel
records). + }
{ +
(Government Operations) + }
SECTION 46. { + (1) The Legislative Assembly finds and
declares that:
(a) In some circumstances, confidentiality can promote
efficient and effective government;
(b) Confidentiality can also create opportunities for
corruption and result in a government that is not sufficiently
accountable to the public it serves;
(c) Information should not be withheld from the public merely
to avoid embarrassment to government or government officials;
(d) The best means of policing corruption is to favor
transparency where the possibility for corruption exists; and
(e) The intent of the Legislative Assembly in this section is
to preserve the ability of government to act confidentially in
cases where transparency would not serve the public interest.
(2) The following public records relating to government
operations are exempt from disclosure under ORS 192.410 to
192.505 if the interests in nondisclosure outweigh the public
interest in disclosure:
(a) Records of a public body pertaining to litigation to which
the public body is a party if the complaint has been filed, or if
the complaint has not been filed, if the public body shows that
such litigation is reasonably likely to occur. Nothing in this
subsection shall limit any right or opportunity granted by
discovery or deposition statutes to a party to litigation or
potential litigation.
(b) Test questions, scoring keys and other data used to
administer a licensing examination, employment, academic or other
examination or testing procedure before the examination is given
and if the examination is to be used again. Records establishing
procedures for and instructing persons administering, grading or
evaluating an examination or testing procedure are included in
this exemption, to the extent that disclosure would create a risk
that the result might be affected.
(c) Information relating to the appraisal of real estate prior
to its acquisition.
(d) Information concerning the location of archaeological sites
or objects as those terms are defined in ORS 358.905, except if
the governing body of an Indian tribe requests the information
and the need for the information is related to that Indian
tribe's cultural or religious activities. This exemption does not
include information relating to a site that is all or part of an
existing, commonly known and publicized tourist facility or
attraction.
(e) Information developed pursuant to ORS 496.004, 496.172 and
498.026 or ORS 496.192 and 564.100, regarding the habitat,
location or population of any threatened species or endangered
species.
(f)(A) Writings prepared by or under the direction of faculty
of public educational institutions, in connection with research,
until publicly released, copyrighted or patented.
(B) Library or other research materials that are privately
owned by faculty of public educational institutions, regardless
of whether used in research, teaching or publishing activities.
(g) Data and information provided by participants to mediation
under ORS 36.256.
(h)(A) Audits or audit reports required of a telecommunications
carrier. As used in this subparagraph, 'audit or audit report'
means any external or internal audit or audit report pertaining
to a telecommunications carrier, as defined in ORS 133.721, or
pertaining to a corporation having an affiliated interest, as
defined in ORS 759.390, with a telecommunications carrier that is
intended to make the operations of the entity more efficient,
accurate or compliant with applicable rules, procedures or
standards, that may include self-criticism and that has been
filed by the telecommunications carrier or affiliate under
compulsion of state law. 'Audit or audit report' does not mean an
audit of a cost study that would be discoverable in a contested
case proceeding and that is not subject to a protective order.
(B) Financial statements. As used in this subparagraph, '
financial statement' means a financial statement of a
nonregulated corporation having an affiliated interest, as
defined in ORS 759.390, with a telecommunications carrier, as
defined in ORS 133.721.
(i) Sensitive business records or financial or commercial
information of the State Accident Insurance Fund Corporation that
is not customarily provided to business competitors. This
exemption does not:
(A) Apply to the formulas for determining dividends to be paid
to employers insured by the State Accident Insurance Fund
Corporation;
(B) Apply to contracts for advertising, public relations or
lobbying services or to documents related to the formation of
such contracts;
(C) Apply to group insurance contracts or to documents relating
to the formation of such contracts, except that employer account
records shall remain exempt from disclosure to the extent
provided in section 41 of this 2011 Act; or
(D) Provide the basis for opposing the discovery of documents
in litigation pursuant to the applicable rules of civil
procedure.
(j) Computer programs developed by or for any public body for
its own use. As used in this paragraph, 'computer program' means
a series of instructions or statements that permit the
functioning of a computer system in a manner designed to provide
storage, retrieval and manipulation of data from such computer
system, and any associated documentation and source material that
explain how to operate the computer program. 'Computer program'
does not include:
(A) The original data, including but not limited to numbers,
text, voice, graphics and images;
(B) Analyses, compilations and other manipulated forms of the
original data produced by use of the program; or
(C) The mathematical and statistical formulas that would be
used if the manipulated forms of the original data were to be
produced manually.
(k) Applications for competitive grants administered by a
public body along with supporting materials, until the grant for
which the application was made has been canceled or awarded by
the public body.
(3) The following public records relating to government
operations are exempt from disclosure under ORS 192.410 to
192.505:
(a) Communications within a public body or between public
bodies of an advisory nature to the extent that they cover other
than purely factual materials and are preliminary to any final
agency determination of policy or action. This exemption does not
apply unless the public body shows that in the particular
instance the public interest in encouraging frank communication
between officials and employees of public bodies clearly
outweighs the public interest in disclosure.
(b) Information submitted to a public body in confidence and
not otherwise required by law to be submitted, where such
information should reasonably be considered confidential, the
public body has obliged itself in good faith not to disclose the
information, and when the public interest would suffer by the
disclosure.
(c) Information or records of the Department of Corrections,
including the State Board of Parole and Post-Prison Supervision,
to the extent that disclosure would interfere with the
rehabilitation of a person in custody of the department or
substantially prejudice or prevent the carrying out of the
functions of the department, if the public interest in
confidentiality clearly outweighs the public interest in
disclosure.
(d) The work product of an attorney on behalf of a public body,
showing the attorney's mental impressions, conclusions, opinions
or legal theories.
(e) Public records or information described in sections 38 to
49 of this 2011 Act, furnished by the public body originally
compiling, preparing or receiving them to any other public
officer or public body in connection with performance of the
duties of the recipient, if the considerations originally giving
rise to the confidential or exempt nature of the public records
or information remain applicable.
(f) Records of or submitted to the State Treasurer, the Oregon
Investment Council or the agents of the treasurer or the council
relating to active or proposed publicly traded investments under
ORS chapter 293, including but not limited to records regarding
the acquisition, exchange or liquidation of the investments. For
the purposes of this paragraph:
(A) The exemption does not apply to:
(i) Information in investment records solely related to the
amount paid directly into an investment by, or returned from the
investment directly to, the treasurer or council; or
(ii) The identity of the entity to which the amount was paid
directly or from which the amount was received directly.
(B) An investment in a publicly traded investment is no longer
active when acquisition, exchange or liquidation of the
investment has been concluded.
(g)(A) Records of or submitted to the State Treasurer, the
Oregon Investment Council, the Oregon Growth Account Board or the
agents of the treasurer, council or board relating to actual or
proposed investments under ORS chapter 293 or 348 in a privately
placed investment fund or a private asset, including but not
limited to records regarding the solicitation, acquisition,
deployment, exchange or liquidation of the investments, including
but not limited to:
(i) Due diligence materials that are proprietary to an
investment fund, to an asset ownership or to their respective
investment vehicles.
(ii) Financial statements of an investment fund, an asset
ownership or their respective investment vehicles.
(iii) Meeting materials of an investment fund, an asset
ownership or their respective investment vehicles.
(iv) Records containing information regarding the portfolio
positions in which an investment fund, an asset ownership or
their respective investment vehicles invest.
(v) Capital call and distribution notices of an investment
fund, an asset ownership or their respective investment vehicles.
(vi) Investment agreements and related documents.
(B) The exemption under this paragraph does not apply to:
(i) The name, address and vintage year of each privately placed
investment fund.
(ii) The dollar amount of the commitment made to each privately
placed investment fund since inception of the fund.
(iii) The dollar amount of cash contributions made to each
privately placed investment fund since inception of the fund.
(iv) The dollar amount, on a fiscal year-end basis, of cash
distributions received by the State Treasurer, the Oregon
Investment Council, the Oregon Growth Account Board or the agents
of the treasurer, council or board from each privately placed
investment fund.
(v) The dollar amount, on a fiscal year-end basis, of the
remaining value of assets in a privately placed investment fund
attributable to an investment by the State Treasurer, the Oregon
Investment Council, the Oregon Growth Account Board or the agents
of the treasurer, council or board.
(vi) The net internal rate of return of each privately placed
investment fund since inception of the fund.
(vii) The investment multiple of each privately placed
investment fund since inception of the fund.
(viii) The dollar amount of the total management fees and costs
paid on an annual fiscal year-end basis to each privately placed
investment fund.
(ix) The dollar amount of cash profit received from each
privately placed investment fund on a fiscal year-end basis.
(x) Any record in the possession and control of the State
Treasurer that contains information about expenses incurred by or
on behalf of employees of the State Treasury in connection with
actual or proposed investments under ORS chapter 293 or 348 in a
privately placed investment fund or private asset. Nothing in
this subsubparagraph limits the applicability of subparagraph (A)
of this paragraph to other information contained in records
described in this paragraph.
(h) The monthly reports prepared and submitted under ORS
293.761 and 293.766 concerning the Public Employees Retirement
Fund and the Industrial Accident Fund may be uniformly treated as
exempt from disclosure for a period of up to 90 days after the
end of the calendar quarter.
(i) Reports of unclaimed property filed by the holders of such
property to the extent permitted by ORS 98.352.
(j) Sensitive business records or financial or commercial
information of the Oregon Health and Science University that is
not customarily provided to business competitors.
(k) Records of Oregon Health and Science University regarding
candidates for the position of president of the university.
(L) Trade secrets of Oregon Corrections Enterprises.
(m) Documents, materials or other information submitted to the
Director of the Department of Consumer and Business Services in
confidence by a state, federal, foreign or international
regulatory or law enforcement agency or by the National
Association of Insurance Commissioners, its affiliates or
subsidiaries under ORS 86A.095 to 86A.198, 86A.990, 86A.992,
697.005 to 697.095, 697.602 to 697.842, 705.137, 717.200 to
717.320, 717.900 or 717.905, ORS chapter 59, 723, 725 or 726, the
Bank Act or the Insurance Code when:
(A) The document, material or other information is received
upon notice or with an understanding that it is confidential or
privileged under the laws of the jurisdiction that is the source
of the document, material or other information; and
(B) The director has obligated the Department of Consumer and
Business Services not to disclose the document, material or other
information.
(4) Public records relating to government operations and made
confidential by a statute listed in this subsection are exempt
from disclosure under ORS 192.410 to 192.505 to the extent
provided by a statute listed in this subsection:
(a) ORS 36.220 and 36.230 (mediation records).
(b)(A) ORS 40.225 to 40.295 (privileged communications), where
a public body is the holder of the privilege.
(B) Subject to ORS 192.423, subparagraph (A) of this paragraph
does not apply to factual information compiled in a public record
when:
(i) The basis for the claim of exemption is ORS 40.225;
(ii) The factual information is not prohibited from disclosure
under any applicable state or federal law, regulation or court
order and is not otherwise exempt from disclosure under ORS
192.410 to 192.505;
(iii) The factual information was compiled by or at the
direction of an attorney as part of an investigation on behalf of
the public body in response to information of possible wrongdoing
by the public body;
(iv) The factual information was not compiled in preparation
for litigation, arbitration or an administrative proceeding that
was reasonably likely to be initiated or that has been initiated
by or against the public body; and
(v) The holder of the privilege under ORS 40.225 has made or
authorized a public statement characterizing or partially
disclosing the factual information compiled by or at the
attorney's direction.
(c) ORS 56.100 (electronic data processing programs and
electronic media used for business registry functions).
(d) ORS 173.230 (Legislative Counsel matters and related
records).
(e) ORS 173.455 and 173.855 (draft measures in possession of
the Legislative Fiscal Officer or Legislative Revenue Officer).
(f) ORS 176.309 (disability evaluation panel records).
(g) ORS 192.650 and 192.660 (executive session minutes and
related records).
(h) ORS 251.145 and 251.430 (voters' pamphlet records).
(i) ORS 291.223 (budget estimate records).
(j) ORS 421.213 (inmate transfer records).
(k) ORS 426.160 (commitment hearing records).
(L) ORS 657.665 (unemployment insurance records).
(m) ORS 657.732 (Interagency Shared Information System
records).
(n) ORS 681.440 (State Board of Examiners for Speech-Language
Pathology and Audiology records).
(o) ORS 732.230, 734.650, 734.830 and 735.430 (insurance
records).
(p) ORS 194.152 (journals of notarial acts).
(q) ORS 367.804 (Oregon Innovative Partnerships Program
records).
(r) ORS 419A.100 and 419A.102 (local citizen review board
records).
(s) ORS 9.080 (attorney professional liability fund claim
records).
(t) ORS 777.793 and 777.795 (export trading corporation
commercial or financial records).
(u) ORS 41.865 (emergency medical services records).
(v) ORS 367.804 (Oregon Innovative Partnership Program
records).
(w) ORS 190.050 and 268.357 (intergovernmental group or
metropolitan service district information technology and
geographic databases and systems). + }
{ +
(Federal Law) + }
SECTION 47. { + Any public records or information, the
disclosure of which is prohibited by federal law or regulations,
is exempt from disclosure under ORS 192.410 to 192.505. + }
{ +
(Limitations on Exemptions) + }
SECTION 48. { + (1) Notwithstanding any provision of sections
38 to 49 of this 2011 Act or a provision of law referenced in
sections 38 to 49 of this 2011 Act, any exemption from disclosure
under sections 38 to 49 of this 2011 Act or referenced in
sections 38 to 49 of this 2011 Act does not apply to any record
that the public interest clearly requires to be disclosed in the
particular instance.
(2) Notwithstanding any other provision of law, the burden
shall be on the person seeking access under subsection (1) of
this section to an otherwise exempt record to show that the
public interest clearly requires disclosure of the information in
the particular instance.
(3) Subsections (1) and (2) of this section do not apply to:
(a) Records the public disclosure of which is prohibited by law
other than sections 38, 39, 40, 41, 42, 43, 44, 45, 46 or 47 of
this 2011 Act;
(b) Records that are privileged under ORS 40.225 to 40.295; or
(c) Information that is exempt under any provision of law
containing or otherwise subject to a different public interest
balancing test than the public interest balancing tests set forth
in sections 38 to 49 of this 2011 Act. + }
{ +
(Effect of Parenthetical Material) + }
SECTION 49. { + Text set forth within parentheses in sections
38 to 49 of this 2011 Act is provided for the convenience of the
reader and may not operate to limit, expand or otherwise alter
the application of an exemption from disclosure of a public
record. + }
{ +
MODIFICATIONS OF EXEMPTIONS + }
SECTION 50. ORS 176.309 is amended to read:
176.309. (1) As soon as possible after a disability evaluation
panel is convoked, the panel shall meet and examine whether the
Governor is unable to discharge the duties of the office by
reason of a physical or mental disability. The members of the
panel who are physicians, or other physicians appointed by the
panel, shall conduct a medical examination of the Governor if
possible.
(2) Meetings of the disability evaluation panel are not subject
to ORS 192.610 to 192.690. { - Except for the panel's
determination, - } Records of the panel are { - not - }
subject to disclosure under ORS 192.410 to 192.505 { + , unless
otherwise exempt from disclosure under sections 38 to 49 of this
2011 Act, but only after the panel has made a final
determination + }.
SECTION 51. ORS 177.180 is amended to read:
177.180. (1) The Secretary of State shall designate one person
employed by the Division of Audits of the Office of the Secretary
of State to be responsible for reports of waste, inefficiency or
abuse received through the Government Waste Hotline or received
by the secretary through any other method. The person designated
under this section shall log all reports received.
(2) Notwithstanding any other provision of law, the identity of
any person making a report under ORS 177.170 is confidential. A
report of waste, inefficiency or abuse received under ORS 177.170
and any resulting investigation are confidential unless the
Secretary of State finds that waste, inefficiency or abuse has
occurred and reports these findings as provided under subsection
(4) of this section { + or determines not to investigate
following an initial investigation pursuant to subsection (3) of
this section + }. If the secretary { - of State - } finds
that waste, inefficiency or abuse has occurred, a report of
waste, inefficiency or abuse and any resulting investigation are
confidential until the investigation described in subsection (3)
of this section is complete. { + A determination by the
secretary not to investigate following an initial investigation
constitutes completion of an investigation. + }
(3) The secretary shall conduct an initial investigation of
each report of waste, inefficiency or abuse made under ORS
177.170. Following the initial investigation, the secretary shall
determine which reports shall be investigated further and assign
the investigation to audit staff qualified to conduct waste,
inefficiency and abuse investigations. The secretary may audit
any state agency if it appears that officers or employees of the
agency, or persons under contract with the agency, are engaging
in activities that constitute waste, inefficiency or abuse.
Notwithstanding subsection (2) of this section:
(a) If the secretary determines during the investigation that a
violation of any provision of ORS chapter 244 may be occurring or
may have occurred, the secretary shall notify the Oregon
Government Ethics Commission of the potential violation; and
(b) If the secretary determines during the investigation that
fraud or other criminal activity may be occurring or may have
occurred, the secretary shall notify the appropriate law
enforcement agency of the potential fraud or other criminal
activity.
(4) Subject to the confidentiality requirements of subsection
(2) of this section, upon completion of an investigation under
this section:
(a) The secretary shall determine in writing whether officers
or employees of a state agency, or persons under contract with a
state agency, are engaging in activities that constitute waste,
inefficiency or abuse. The written determination may include
other information about the nature of the investigation or the
secretary's determination.
(b) If the secretary finds that waste, inefficiency or abuse
has occurred, upon request of the person who made the report
under ORS 177.170, the secretary shall provide the person with a
copy of the determination and any other information included by
the secretary.
(c) If the secretary determines that officers or employees of
another state agency or public body, or persons under contract
with a state agency or public body, are involved in activities
that constitute waste, inefficiency or abuse, the secretary shall
notify the state agency or public body of the determination and
deliver a copy of the secretary's findings to the agency or body.
(5) A written determination prepared by the secretary under
this section is a public record. { + Following the conclusion of
the investigation or determination not to investigate beyond an
initial investigation, all documents, information or other
records related to the investigation are disclosable to the
public under ORS 192.410 to 192.505 unless an exemption from
disclosure applies, except that the identity of the person making
a report under ORS 177.170 shall remain confidential if the
interests in nondisclosure outweigh the public interest in
disclosure. + }
(6) The secretary shall prepare an annual report and submit it
to each regular session of the Legislative Assembly and to
appropriate interim committees of the Legislative Assembly. The
report shall describe the number, nature and resolution of
reports made under ORS 177.170 and shall identify savings
resulting from improved efficiencies or the elimination of waste
or abuse resulting from reports received and investigations
conducted under this section and ORS 177.170. The report shall
also list the number and nature of any positive reports received
relating to state agencies, state employees or persons under
contract with state agencies.
SECTION 52. 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
{ - , - } { + or + } that are described in { - ORS 192.502
(17) or that are submitted under ORS 285C.225 or 285C.235 - }
{ + section 41 of this 2011 Act + } are exempt from disclosure
under ORS 192.410 to 192.505 and, as appropriate, shall be shared
among the county assessor, the zone sponsor, the Department of
Revenue and the Oregon Business Development Department.
SECTION 53. ORS 583.490 is amended to read:
583.490. (1) A two-third majority vote by the producers voting
in a referendum is required to pass or approve the subject matter
contained in or the proposition put to the voters by the
referendum.
(2) The results of any referendum held by the State Department
of Agriculture shall be filed with the Secretary of State and
shall not be considered to be part of its regulations. At least
nine calendar months must elapse after the results of a
referendum are filed with the Secretary of State, before another
referendum can be held among producers relating to the same
subject matter or proposition covered by the prior referendum.
(3) If the referendum is conducted by mail, the department in
order to insure secret balloting, shall use a double-envelope
ballot system similar to the voting and referendum procedure
approved and used by the Oregon State Bar Association as of June
4, 1963. Two envelopes and a ballot shall be furnished by the
department to each producer authorized to vote in a referendum. A
transmittal envelope shall contain only information necessary for
the department to accurately determine the producer is authorized
to vote. The producer shall mark a ballot and place it in a
ballot envelope, both of which shall not contain or be identified
in any way as to the name of the producer. Upon receipt of the
transmittal envelope and after verification of the right of the
producer to vote, the department shall remove the unopened sealed
ballot envelope and drop it in a locked box until such time as
all ballots are later counted as required by law. { - Only the
final results of any referendum shall be a public record. - }
(4) No informalities or technicalities in the conduct of a
referendum, or in any matters relating thereto, shall invalidate
any referendum if it is fairly and reasonably conducted by the
department. The provisions of ORS 583.001, 583.004, 583.021,
583.028 and 583.410 to 583.565 are intended as guideposts or
standards, with the department authorized to enumerate and define
persons who may sign petitions, who may vote in referendums and
to establish additional procedures to carry out the provisions of
ORS 583.480 to 583.490.
SECTION 54. ORS 830.490 is amended to read:
830.490. (1) All accident reports made to the State Marine
Board shall be without prejudice to the individual
reporting { + . + } { - and shall be for the confidential use
of administrative and enforcement agencies only. - }
{ - (2) The board upon written request, shall, if available,
disclose the following information to any party involved in the
accident, or, in the event of the party's death, to any member of
the party's family, or to the party's personal
representatives: - }
{ - (a) The identity of the owner, operator, occupants and
the identifying number of a boat involved in an accident; - }
{ - (b) The names of any companies insuring the owner or
operator; and - }
{ - (c) The identity of any witnesses to the accident. - }
{ - (3) No such report shall be used as evidence in any
trial, civil or criminal, arising out of the accident. The board
shall furnish, upon demand of any person who has or claims to
have made such a report or upon demand of any court, a
certificate showing that a specified accident report has or has
not been made to the board, solely to prove a compliance or a
failure to comply with the requirement that such a report be made
to the board. - }
{ - (4) - } { + (2) + } The board shall compile and may
analyze all accident reports and shall publish annually, or at
more frequent intervals, statistical information relating to boat
accidents.
{ - (5) In response to any request duly made by an authorized
official or agency of the United States, or in compliance with
any federal requirement, the board shall transmit any information
compiled or otherwise available to the board from the accident
reports required by ORS 830.480 and 830.485. - }
{ +
CONFORMING AMENDMENTS + }
SECTION 55. 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 22 of this 2011 Act + }.
SECTION 56. 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 38 to 49 of this 2011 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 57. 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 38 to 49 of this 2011
Act + }.
SECTION 58. 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 41 (3) of this 2011 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 41 (3) of this 2011 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 59. 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 41 (3) of this
2011 Act + }.
SECTION 60. 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) - } { + section 46 (3)(c) of this
2011 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 61. 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 (36) - } { + section 40
(7)(a) of this 2011 Act + }:
(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 62. 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 - } { + fees + } for making public records available as
provided in { - ORS 192.440 (4) - } { + section 22 of this
2011 Act + }.
(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 63. ORS 161.336 is amended to read:
161.336. (1) If the Psychiatric Security Review Board
determines that the person presents a substantial danger to
others but can be adequately controlled with supervision and
treatment if conditionally released and that necessary
supervision and treatment are available, the board may order the
person conditionally released, subject to those supervisory
orders of the board as are in the best interests of justice, the
protection of society and the welfare of the person. The board
may designate any person or state, county or local agency the
board considers capable of supervising the person upon release,
subject to those conditions as the board directs in the order for
conditional release. Prior to the designation, the board shall
notify the person or agency to whom conditional release is
contemplated and provide the person or agency an opportunity to
be heard before the board. After receiving an order entered under
this section, the person or agency designated shall assume
supervision of the person pursuant to the direction of 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 by order of the board as provided in
ORS 161.351.
(3) For purposes of this section, a person affected by a mental
disease or defect in a state of remission is considered to have a
mental disease or defect requiring supervision when the disease
may, with reasonable medical probability, occasionally become
active and, when active, render the person a danger to others.
The person may be continued on conditional release by the board
as provided in this section.
(4)(a) As a condition of release, the board may require the
person to report to any state or local mental health facility for
evaluation. Whenever medical, psychiatric or psychological
treatment is recommended, the board may order 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 - } { + sections 38 to
49 of this 2011 Act + }.
(e) The facility shall comply with any other conditions of
release prescribed by order of the board.
(5) 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 designated by the Oregon Health
Authority if the person is at least 18 years of age, or to a
secure intensive community inpatient facility designated by the
authority if the person is under 18 years of age. 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 custody of the authority. Within 20 days
following the return of the person to the custody of the
authority, the board shall conduct a hearing. Notice of the time
and place of the hearing shall be given to the person, the
attorney representing the person and the Attorney General. The
board may continue the person on conditional release or, if it
finds by a preponderance of the evidence that the person is
affected by mental disease or defect and presents a substantial
danger to others and cannot be adequately controlled if
conditional release is continued, it may order the person
committed to a state hospital designated by the authority if the
person is at least 18 years of age, or to a secure intensive
community inpatient facility designated by the authority if the
person is under 18 years of age. The state must prove by a
preponderance of the evidence the person's unfitness for
conditional release. A person in custody pursuant to this
subsection has the same rights as any person appearing before the
board pursuant to ORS 161.346.
(6) 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 designated by the authority if
the person is at least 18 years of age, or to a secure intensive
community inpatient facility designated by the authority if the
person is under 18 years of age. A person taken into custody
under this subsection has the same rights as any person appearing
before the board pursuant to ORS 161.346.
(7)(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 shall 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.
(8) The total period of commitment and conditional release
ordered pursuant to this section may not exceed the maximum
sentence provided by statute for the crime for which the person
was found guilty except for insanity.
(9) The board shall maintain and keep current the medical,
social and criminal history of all persons committed to its
jurisdiction. The confidentiality of records maintained by the
board shall be determined pursuant to { - ORS 192.501 to
192.505 - } { + sections 38 to 49 of this 2011 Act + }.
(10) In determining whether a person should be committed to a
state hospital or to a secure intensive community inpatient
facility, conditionally released or discharged, the board shall
have as its primary concern the protection of society.
SECTION 64. ORS 166.274, as amended by section 19, chapter 826,
Oregon Laws 2009, and section 2, chapter 86, Oregon Laws 2010, is
amended to read:
166.274. (1) 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) to (C) or 166.270; or
(b) The person is barred from purchasing a firearm under ORS
166.470 (1)(a) to (d) 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) A person barred from possessing or purchasing a firearm
because the person, while a minor, was found to be within the
jurisdiction of the juvenile court for committing an act which,
if committed by an adult, would have constituted a felony or a
misdemeanor involving violence, is not eligible to petition for
relief under this section until more than four years have passed
since the person was discharged from the jurisdiction of the
juvenile court.
(9) 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.
(10) Filing fees shall be as for any civil action filed in the
court.
(11)(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.
SECTION 65. ORS 166.274, as amended by sections 19 and 20,
chapter 826, Oregon Laws 2009, and section 3, chapter 86, Oregon
Laws 2010, is amended to read:
166.274. (1) A person barred from possessing a firearm under
ORS 166.250 (1)(c)(A) to (E) or 166.270 or barred from purchasing
a firearm under ORS 166.470 (1)(a) 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) A person barred from possessing or purchasing a firearm
because the person, while a minor, was found to be within the
jurisdiction of the juvenile court for committing an act which,
if committed by an adult, would have constituted a felony or a
misdemeanor involving violence, is not eligible to petition for
relief under this section until more than four years have passed
since the person was discharged from the jurisdiction of the
juvenile court.
(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) Filing fees shall be as for any civil action filed in the
court.
(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.
SECTION 66. 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) - } { +
section 38 (2) of this 2011 Act + }.
SECTION 67. 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 - } { + section 22 of this
2011 Act + }, for responding to a criminal offender information
inquiry or for making information available under ORS 181.555 or
this section.
SECTION 68. 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 38 to 49 of this 2011 Act + }.
(c) Information about the employee that is prohibited from
disclosure by subsection (3) of this section.
SECTION 69. 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 38 to 49 of this 2011
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 70. 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 and is
not exempt from disclosure under { - ORS 192.501 or 192.502 - }
{ + sections 38 to 49 of this 2011 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 414.705 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 prepaid managed care
health services contract under ORS 414.725;
(2) The amounts the agency and each contractor have paid under
each prepaid managed care health services contract under ORS
414.725 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 prepaid
managed care health services contract, listed by category of
individual.
SECTION 71. ORS 192.495 is amended to read:
192.495. Notwithstanding { - ORS 192.501 to 192.505 - } { +
sections 38 to 49 of this 2011 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 72. 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 38
to 49 of this 2011 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 73. 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 - } { + section 22 of this 2011 Act + } for the
preparation of a transcript from a recording.
SECTION 74. 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 38 to 49 of this 2011
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 75. 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 - } { + section 41 (3) of this 2011 Act + }, and
information submitted to a public body in confidence, as
described in { - ORS 192.502 - } { + section 46 (3)(b) of
this 2011 Act + }, that are contained in a bid.
(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 76. 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 and
land surveying services or related services, both 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 38 to 49 of this
2011 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 77. 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 or land surveying services or
related services by a competitive proposal:
(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) 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 - } { + section 41 (3) of this 2011
Act + }, and information submitted to a public body in
confidence, as described in { - ORS 192.502 - } { + section
46 (3)(b) of this 2011 Act + }, that are contained in a proposal.
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.
SECTION 78. 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 - } { + section 41 (3) of this 2011
Act + }, and information submitted to a public body in
confidence, as described in { - ORS 192.502 - } { + section
46 (3)(b) of this 2011 Act + }, that are contained in a proposal.
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 79. 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 80. 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 22 of this 2011 Act + }.
SECTION 81. 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 - } { + section 45 (2)(d) and (e) of this 2011 Act + },
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 82. ORS 312.190 is amended to read:
312.190. Subject to an exemption from disclosure that applies
under { - ORS 192.501 - } { + sections 38 to 49 of this 2011
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 83. 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 84. 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 85. 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 38
(2) of this 2011 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 86. 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 - } { + sections 38 to 49 of this 2011 Act + }.
SECTION 87. 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 88. 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 89. 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 90. 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 91. 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 92. 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) - } { + section 40 (2) of this 2011 Act + }
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 93. 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 - } { +
sections 38 to 49 of this 2011 Act + }.
(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 94. ORS 433.009 is amended to read:
433.009. (1) Notwithstanding ORS { - 192.501 (3), 192.502 (2)
and - } 433.045 { + and sections 38 (2) and 40 (2) of this 2011
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 technician who had significant exposure to the person.
(2) As used in this section:
(a) 'Emergency medical technician' 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 95. 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) 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 - } { +
sections 38 to 49 of this 2011 Act + } 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 96. ORS 442.583 is amended to read:
442.583. (1)(a) The Health Resources Commission shall develop a
medical technology assessment program that addresses the
introduction, diffusion and utilization of medical technologies
and their associated services and shall make recommendations
regarding the program's implementation.
(b) The assessment program developed pursuant to paragraph (a)
of this subsection shall include the results of at least two
medical technology assessments to be selected by the commission.
The commission shall select one new and emerging medical
technology and one established medical technology to be assessed.
(c) The program shall include criteria for selection of the
medical technologies to be assessed.
(d) The commission shall appoint and work with an advisory
committee whose members shall have the appropriate expertise to
develop a medical technology assessment program. The advisory
committee shall present its recommendations to the commission at
a public hearing. The commission shall conduct public hearings to
solicit testimony and information from health care consumers
prior to making the report described in subsection (2) of this
section. The commission shall give strong consideration to the
recommendations of the advisory committee and public testimony in
developing its report.
(2)(a) The commission shall present its findings and
recommendations in a report to the Governor and the appropriate
interim legislative committees on or before April 1, 1994. The
report shall include, in addition to at least two medical
technology assessments, a determination of the supply and
distribution of medical technology and associated services that
are required to meet the need for medical technology in the five
years following the completion of the assessment.
(b) The report also shall identify strategies and contain
recommendations:
(A) Regarding the program's implementation, including which
agency should implement the program;
(B) To promote compliance with the program regarding the
introduction, diffusion and utilization of those medical
technologies assessed;
(C) Regarding whether the state should have a regulatory
function and, if so, which agency should carry out that function;
and
(D) Regarding the collection, storage and dissemination of data
required for a technology assessment program.
(3) To insure that confidentiality is maintained, no
identification of a patient or a person licensed to provide
health services shall 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 shall be
confidential pursuant to { - ORS 192.501 to 192.505 - } { +
sections 38 to 49 of this 2011 Act + }.
(4) All data and information collected, analyzed and summarized
by professional and trade associations conducting quality
assurance and improvement programs shall be considered
confidential and shall not be admissible in any legal proceeding
or used to create a legal standard of care. However, such data
and information may be submitted to the commission on request and
shall remain confidential and inadmissible.
SECTION 97. 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 technician.
(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) - } { + section 41 (3) of this 2011
Act + }.
SECTION 98. 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 41 (3) of this 2011 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 99. 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) - } { + section 41 of
this 2011 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 100. 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 38 to
49 of this 2011 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 101. 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 41 (3) of this 2011 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 102. 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
469.225, 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 103. 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 469.225,
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 - } { + sections 38 to 49
of this 2011 Act + }, 192.690, 469.010 to 469.225, 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 104. 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
469.225, 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 105. 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 38 to
49 of this 2011 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 106. 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 - }
{ + sections 38 and 39 of this 2011 Act + }.
(2) This section { - shall - } { + does + } not apply to
forestlands under the jurisdiction of the State Forester.
SECTION 107. 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 41 (3) of
this 2011 Act + } and is not subject to public disclosure under
ORS 192.410 to 192.505.
SECTION 108. 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 41 (3) of this 2011 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 109. 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 - } { + under section 41 (3) of this 2011 Act + }
unless the operator gives approval to release the data.
SECTION 110. 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) Allow the State Forestry Department to conduct inventories
of the types of woody biomass available and to serve as an
information resource for persons seeking to utilize woody biomass
for energy development. Notwithstanding { - ORS 192.501 - }
{ + sections 38 to 49 of this 2011 Act + }, reports on any
inventories of biomass conducted by the department 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) Prepare a report every three years 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 111. 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 38 to
49 of this 2011 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) - } { + section 40 (8)(d) of this 2011
Act + }.
SECTION 112. ORS 657.732 is amended to read:
657.732. (1) As used in this section, 'participating state
agency or organization' means:
(a) The Employment Department;
(b) Divisions and offices within the Department of Human
Services that have been approved by the Director of the
Employment Department, in consultation with the Education and
Workforce Policy Advisor, to participate in the Interagency
Shared Information System;
(c) The Department of Education;
(d) The Oregon University System;
(e) The Department of Community Colleges and Workforce
Development; and
(f) Other state agencies, other governmental entities or
private organizations that have applied to be participating state
agencies or organizations and have been approved by the Director
of the Employment Department, in consultation with the Education
and Workforce Policy Advisor, to participate in the Interagency
Shared Information System.
(2) There is established the Interagency Shared Information
System. The purpose of the system is to collect, analyze and
share information for the development of statistical and
demographic data to facilitate the creation of strategies for the
purpose of improving the education, training and employment
programs related to enhancing Oregon's workforce system. The
system shall share aggregate information with a participating
state agency or organization to allow the agency or organization
to develop policy, evaluate policy and plan and measure
performance for the purpose of improving the education, training
and employment programs related to enhancing Oregon's workforce
system.
(3) The Director of the Employment Department shall administer
and, in consultation with the Education and Workforce Policy
Advisor, shall oversee the development of the Interagency Shared
Information System. Participating state agencies or organizations
shall enter into an interagency or other applicable agreement
with the Director of the Employment Department, as administrator
of the system, 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 designing and
maintaining the system.
(4) Every participating state agency or organization shall
provide information to the Interagency Shared Information System.
Information shall be provided in a format that encodes
identifying data, including the client's Social Security number,
using a formula unique to the participating state agency or
organization that shall not be disclosed to the system.
(5) In disclosing Social Security numbers to the Interagency
Shared Information System under subsection (4) of this section,
every participating state agency or organization shall comply
with any state and federal laws that govern the collection and
use of Social Security numbers by a participating state agency or
organization 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 (3) of this section.
(6) The information in the Interagency Shared 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 participating state agency or organization that submits or
receives the information. If the participating state agency or
organization receiving the information is not a public body, as
defined in ORS 192.410, the Employment Department shall keep a
copy of the system information sent to that entity and shall be
the custodian of that copy for purposes of ORS 192.410 to
192.505. As custodian, the Employment 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 Employment Department may charge a reasonable fee
pursuant to { - ORS 192.440 - } { + section 22 of this 2011
Act + } for the disclosure of reports to individuals or state
agencies, governmental entities or private organizations that
submit data to the system and are not participating state
agencies or organizations.
(8) If a participating state agency or organization prepares or
acquires a record that is confidential under federal or state
law, including { - ORS 192.502 (2) - } { + section 40 (2) of
this 2011 Act + }, the participating state agency or organization
does not violate state confidentiality laws by providing the
information described in this section to the Interagency Shared
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 Interagency Shared
Information System.
(9) Notwithstanding the provisions of ORS 192.410 to 192.505, a
participating state agency or organization shall not allow public
access to information received from the Interagency Shared
Information System that identifies a particular individual unless
required by law. Any participating state agency or organization
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.
(10) 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 Employment Department shall adopt by rule procedures
to prevent disclosure of confidential information submitted to
the Interagency Shared Information System.
(11) Notwithstanding subsection (4) of this section,
participating state agencies or organizations may not provide new
information to the Interagency Shared Information System after
December 31, 2003. Information in the system on and after January
1, 2004, may be accessed by participating state agencies or
organizations in accordance with this section, applicable rules
adopted by the Director of the Employment Department and any
agreements entered into under subsection (3) of this section.
SECTION 113. 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.
(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. The Performance
Reporting Information System may not contain data submitted
exclusively for use in the Interagency Shared Information System.
(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 charge a reasonable fee under { - ORS
192.440 - } { + section 22 of this 2011 Act + } for the
disclosure of reports containing only aggregate data to
individuals, public bodies or private organizations.
(8) If a system participant prepares or acquires a record that
is confidential under federal or state law, including { - ORS
192.502 (2) - } { + section 40 (2) of this 2011 Act + }, 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 114. 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 38
to 49 of this 2011 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 115. ORS 671.338 is amended to read:
671.338. (1) Notwithstanding ORS 192.420:
(a) In addition to any exemption from disclosure provided under
{ - ORS 192.501 (4) - } { + section 46 (2)(b) of this 2011
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 116. 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 38 to 49 of this 2011 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 117. 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 38 to 49 of this 2011 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 118. 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 38 to 49 of this 2011
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 119. 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 is covered by the conditions
established in ORS 743.857 for external review 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 Director of the Department of
Consumer and Business Services and the availability of other
assistance as specified by the director.
(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.
(d) Notify the insurer of additional information the
independent review organization requires and when the information
must be submitted.
(e) Decide the dispute relating to the adverse decision of the
insurer under ORS 743.857 (1) 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.
(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.
(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 38 to 49 of this 2011 Act + } or that may
otherwise allow identification of an enrollee. The director shall
make the synopses public.
SECTION 120. 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 38 to 49 of this 2011
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) - }
{ + section 41 (3) of this 2011 Act + }.
SECTION 121. 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) - } { + section 22
of this 2011 Act + }.
(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 122. 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) - } { + section 40 (2) of this
2011 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 123. { + ORS 180.075, 192.501 and 192.502 are
repealed. + }
{ +
MISCELLANEOUS + }
SECTION 124. { + (1) ORS 192.505 is added to and made a part
of sections 38 to 49 of this 2011 Act.
(2) Sections 5, 8, 11, 14 to 17, 20, 22, 25, 27 to 30, 33 and
38 to 49 of this 2011 Act and ORS 192.447 and 192.493 are added
to and made a part of ORS 192.410 to 192.505. + }
SECTION 125. { + The unit captions used in this 2011 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 2011 Act. + }
{ +
EMERGENCY CLAUSE + }
SECTION 126. { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
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