Bill Text: OR SB41 | 2011 | Regular Session | Engrossed
Bill Title: Relating to public records; declaring an emergency.
Spectrum: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB41 Detail]
Download: Oregon-2011-SB41-Engrossed.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 865
A-Engrossed
Senate Bill 41
Ordered by the Senate April 29
Including Senate Amendments dated April 29
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Attorney General John
Kroger for 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.
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
statewide + } elected officials by persons denied right to
inspect records.
Requires Attorney General to develop training materials on
public records.
{ + Reorganizes exemptions from disclosure of public records.
Provides that modifications to public records law unrelated to
reorganization of exemptions become operative July 1, 2012. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to public records; creating new provisions; amending ORS
25.020, 40.270, 65.805, 94.974, 144.130, 146.035, 147.421,
161.336, 181.548, 181.854, 190.050, 192.410, 192.420, 192.423,
192.440, 192.450, 192.465, 192.480, 192.490, 192.493, 192.495,
192.505, 268.357, 279B.055, 279B.060, 279C.107, 279C.410,
285C.145, 287A.350, 312.030, 312.190, 339.388, 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 and 802.187; repealing ORS
192.501 and 192.502; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
PUBLIC RECORDS REQUEST PROCEDURES + }
SECTION 1. ORS 192.410 is amended to read:
192.410. As used in ORS 192.410 to 192.505:
{ + (1) 'Business day' means a day other than a federal or
State of Oregon legal holiday or a day other than a day on which
the offices of a public body are otherwise closed. + }
{ - (1) - } { + (2) + } '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) - } { + (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 was 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, as amended by section 34 of this 2011
Act, is amended to read:
192.420. (1) Every person has a right to inspect { + or obtain
a copy of + } any public record of a public body in this state,
except as otherwise expressly provided by sections 11 to 21 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.
{ + (3) Notwithstanding subsection (1) or (2) of this section
or any other provision of ORS 192.410 to 192.505, a person does
not have a right to inspect or obtain a copy of a public record
of a public body if the person has an outstanding balance of
unpaid fees charged under ORS 192.410 to 192.505 that relate to a
prior request to that public body for public records. The public
body need not undertake any action in response to the request
other than to give written notice to the requester of the unpaid
balance along with a statement that indicates that the public
body need not undertake any action to fulfill the request until
the unpaid balance is paid. + }
SECTION 3. 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, upon request:
(a) A copy of the public record if the public record is of a
nature permitting copying; or
(b) A reasonable opportunity to inspect or copy 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. - } { + within 10 business
days of receiving the request, by providing:
(a) A response that complies with subsection (8) of this
section; or
(b) Notice that the public body is extending the deadline for
providing a response under paragraph (a) of this subsection,
followed by a response that complies with subsection (8) of this
section within the additional time period stated in the notice.
Notice under this paragraph must specifically state the basis for
the extension, which cannot exceed the following:
(A) If the request seeks records that must be physically
retrieved from off-site archives, the number of business days
required to retrieve the records; and
(B)(i) If the public body estimates that the request will take
less than five hours of staff time to gather and review the
records, a period not to exceed 5 business days;
(ii) If the public body estimates that the request will take at
least five hours but not as many as 10 hours of staff time to
gather and review the records, a period not to exceed 15 business
days;
(iii) If the public body estimates that the request will take
at least 10 hours but not as many as 20 hours of staff time to
gather and review the records, a period not to exceed 25 business
days; or
(iv) If the public body estimates that the request will take at
least 20 hours of staff time to gather and review the records, a
period not to exceed 30 business days.
(3)(a) A public body described in paragraph (b) of this
subsection may elect to double the amount of time allowed under
subsection (2)(b) of this section to respond to a request.
(b) This subsection applies to the following public bodies that
are not state agencies:
(A) A school district, education service district or community
college district with a total enrollment for the year in which
the request is made of 6,000 or fewer students; or
(B) Any other public body with the equivalent of 100 or fewer
budgeted full-time equivalent employees.
(c) A public body may not disaggregate its functions in order
to meet the requirements of paragraph (b) of this subsection.
(d) A public body making the election described in this
subsection shall note the election and the basis on which the
public body qualifies for the election in the acknowledgement
required under subsection (7) of this section.
(4) If the public body is a school district, education service
district or community college district and fewer than half of the
administrative staff are at work, as measured by full-time
equivalence, on the day that the public body receives the
request, the public body may elect to double the timeline
otherwise applicable under subsection (2) of this section. The
public body shall note the election and the basis on which the
public body qualifies for the election in the acknowledgement
required under subsection (7) of this section.
(5) + }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 timelines
described in subsections (2) to (4) of this section are suspended
for any period in which the public body is waiting for additional
information or clarification from the requester.
(6)(a) If a public body determines that the public body is
unable to comply with the applicable timelines under subsections
(2) to (4) of this section, the public body may seek
authorization for additional time to provide a response to the
request. If the public body:
(A) Is a state agency, the state agency shall ask the Attorney
General to authorize additional time to provide a response. The
Attorney General may not deny a request under this subsection
unless the Attorney General determines that the request is
unreasonable. The Attorney General shall notify the state agency
and the requester in writing, within five business days of
receipt of the request from the state agency, of whether the
request for additional time is authorized. The timelines
described in subsection (2) of this section are suspended for any
period in which the state agency is waiting for a response from
the Attorney General regarding a request for additional time
under this subsection. The Attorney General may not charge a
state agency for services provided in determining whether to
authorize additional time to respond to a request.
(B) Is a public body other than a state agency, the public body
shall ask the district attorney described in ORS 192.460 to
authorize additional time to provide a response. The district
attorney may not deny a request under this subsection unless the
district attorney determines that the request is unreasonable.
The district attorney shall notify the public body and the
requester in writing, within five business days of receipt of the
request from the public body, of whether the request for
additional time is authorized. The timelines described in
subsections (2) to (4) of this section are suspended for any
period in which the public body is waiting for a response from
the district attorney regarding a request for additional time
under this subsection. The district attorney may not charge a
public body for services provided in determining whether to
authorize additional time to respond to a request.
(b)(A) Paragraph (a) of this subsection does not apply to
judicial officers, as defined in ORS 1.210, the Judicial
Department, the Legislative Assembly or the members, committees
and statutory offices of the Legislative Assembly. A public body
described in this paragraph may determine for itself the amount
of additional time needed to provide a response to the request
within a reasonable time.
(B) A person may challenge the determination of what
constitutes a reasonable time for a public body described in
subparagraph (A) of this paragraph by instituting proceedings for
declaratory relief in circuit court. If the determination that is
being challenged is a determination by a judge in a circuit
court, the Oregon Tax Court or the Court of Appeals, or by a
judge of the Supreme Court or the Chief Justice, the person may
challenge the determination only by filing a petition for a writ
of mandamus in the Supreme Court as prescribed in ORS 34.105 to
34.240.
(7) The public body must provide a written acknowledgment of
receipt of the request to the requester within five business days
of receipt of the request. The acknowledgment may provide any
other information required under subsections (2) to (4) or (8) of
this section that is available at the time the acknowledgment is
made.
(8) Following or contemporaneous with the written
acknowledgment described in subsection (7) of this section and
within an adequate period of time to ensure compliance with the
applicable timelines in subsections (2) to (4) of this
section, + } 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) - } { + (10) + } 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 { + and in
compliance with the applicable timelines established under
subsections (2) to (4) of this section + }.
(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 { + and in compliance with the applicable
timelines established under subsections (2) to (4) of this
section + }.
(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) - } { + (9) + } 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) - } { + (10)(a) Subject to paragraphs (b) and
(c) of this subsection, + } 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. - } { + including the actual cost of staff
time necessarily incurred in responding to the request, the
actual costs of paper, electronic storage media or other
materials requested by and provided to the requester.
(b)(A) For purposes of paragraph (a) of this subsection, the
actual cost of staff time incurred in response to a request may
not exceed four times the minimum wage in effect under ORS
653.025 at the time the request is made.
(B) The limitations on fees in subparagraph (A) of this
paragraph do not apply to:
(i) Work performed by a medical professional, information
technology professional or city recorder, or by a licensed,
certified or specialized staff person, other than an attorney,
who is designated by the public body to fulfill the request, but
only if the professional or specialized expertise being used is
necessary to fulfill the request or to determine the extent to
which requested records are exempt from disclosure.
(ii) Any public body, if the sources of funds otherwise
available to pay the difference between the actual cost of
responding to the request and the amount of fees permitted under
subparagraph (A) of this paragraph are dedicated by trust, the
Oregon Constitution or federal law to a purpose that does not
permit use of the funds for responding to a public records
request. + }
{ - (b) - } { + (c) + } 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) - } { + (d)(A) + } The public body may not
establish a fee greater than $25 under this section unless the
public body first provides the { - requestor - } { +
requester + } with a written notification of the estimated amount
of the fee and the { - requestor - } { + requester + }
confirms that the { - requestor - } { + requester + } wants
the public body to proceed with making the public record
available.
{ + (B) If a public body that provides a method of making
payment from a remote location provides an estimate of fees that
is greater than $25 and informs the requester that the public
body requires prepayment of the estimated amount, the public body
need not continue work on the request until the requester has
paid the estimated fee. The applicable timelines under
subsections (2) to (4) of this section are suspended from the
date that the public body provides an estimate of the fee until
the date the requester pays the estimated fee. + }
{ - (d) - } { + (e) + } Notwithstanding paragraphs (a) to
{ - (c) - } { + (d) + } 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) - } { + (11) + } 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) - } { + (12) + } 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) - } { + (13) + } 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) - } { + (14) + } 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.
{ + (15) The failure of a public body to provide a response
that complies with subsection (8) of this section within the
applicable timelines prescribed under subsections (2) to (4) of
this section is deemed a denial of the request and the requester
may petition for review of the denial as provided in ORS 192.450,
192.460 or 192.480. The failure of a public body to provide a
written acknowledgment of the receipt of a request pursuant to
subsection (7) of this section is not deemed a denial of the
request. + }
SECTION 4. { + Notwithstanding ORS 192.440 (2) to (4), (8), or
(10), the public body and the requester of public records from
the public body may agree in writing to modify the timelines or
fees otherwise applicable to a request under ORS 192.440. + }
SECTION 5. ORS 192.450 is amended to read:
192.450. (1) Subject to ORS 192.480 and subsection (4) of this
section, any person denied the right to inspect or to receive a
copy of any public record of a state agency may petition the
Attorney General to review the public record to determine if it
may be withheld from public inspection. Except as provided in
subsection (5) of this section, the burden is on the agency to
sustain its action. Except as provided in subsection (5) of this
section, the Attorney General shall issue an order denying or
granting the petition, or denying it in part and granting it in
part, within seven { + business + } days from the day the
Attorney General receives the petition.
(2) If the Attorney General grants the petition and orders the
state agency to disclose the record, or if the Attorney General
grants the petition in part and orders the state agency to
disclose a portion of the record, the state agency shall comply
with the order in full within seven { + business + } days after
issuance of the order, unless within the seven-day period it
issues a notice of its intention to institute proceedings for
injunctive or declaratory relief in the Circuit Court for Marion
County or, as provided in subsection (6) of this section, in the
circuit court of the county where the record is held. Copies of
the notice shall be sent to the Attorney General and by certified
mail to the petitioner at the address shown on the petition. The
state agency shall institute the proceedings within seven
{ + business + } days after it issues its notice of intention to
do so. If the Attorney General denies the petition in whole or in
part, or if the state agency continues to withhold the record or
a part of it notwithstanding an order to disclose by the Attorney
General, the person seeking disclosure may institute such
proceedings.
(3) The Attorney General shall serve as counsel for the state
agency in a suit filed under subsection (2) of this section if
the suit arises out of a determination by the Attorney General
that the public record should not be disclosed, or that a part of
the public record should not be disclosed if the state agency has
fully complied with the order of the Attorney General requiring
disclosure of another part or parts of the public record, and in
no other case. In any case in which the Attorney General is
prohibited from serving as counsel for the state agency, the
agency may retain special counsel.
(4) A person denied the right to inspect or to receive a copy
of any public record of a health professional regulatory board,
as defined in ORS 676.160, that contains information concerning a
licensee or applicant, and petitioning the Attorney General to
review the public record shall, on or before the date of filing
the petition with the Attorney General, send a copy of the
petition by first class mail to the health professional
regulatory board. Not more than { - 48 hours - } { + two
business days + } after the board receives a copy of the
petition, the board shall send a copy of the petition by first
class mail to the licensee or applicant who is the subject of any
record for which disclosure is sought. When sending a copy of the
petition to the licensee or applicant, the board shall include a
notice informing the licensee or applicant that a written
response by the licensee or applicant may be filed with the
Attorney General not later than seven { + business + } days
after the date that the notice was sent by the board. Immediately
upon receipt of any written response from the licensee or
applicant, the Attorney General shall send a copy of the response
to the petitioner by first class mail.
(5) The person seeking disclosure of a public record of a
health professional regulatory board, as defined in ORS 676.160,
that is confidential or exempt from disclosure under ORS 676.165
or 676.175, shall have the burden of demonstrating to the
Attorney General by clear and convincing evidence that the public
interest in disclosure outweighs other interests in
nondisclosure, including but not limited to the public interest
in nondisclosure. The Attorney General shall issue an order
denying or granting the petition, or denying or granting it in
part, not later than the 15th { + business + } day following the
day that the Attorney General receives the petition. A copy of
the Attorney General's order granting a petition or part of a
petition shall be served by first class mail on the health
professional regulatory board, the petitioner and the licensee or
applicant who is the subject of any record ordered to be
disclosed. The health professional regulatory board shall not
disclose any record prior to the seventh { + business + } day
following the service of the Attorney General's order on a
licensee or applicant entitled to receive notice under this
subsection.
(6) If the Attorney General grants or denies the petition for a
record of a health professional regulatory board, as defined in
ORS 676.160, that contains information concerning a licensee or
applicant, the board, a person denied the right to inspect or
receive a copy of the record or the licensee or applicant who is
the subject of the record may institute proceedings for
injunctive or declaratory relief in the circuit court for the
county where the public record is held. The party seeking
disclosure of the record shall have the burden of demonstrating
by clear and convincing evidence that the public interest in
disclosure outweighs other interests in nondisclosure, including
but not limited to the public interest in nondisclosure.
(7) The Attorney General may comply with a request of a health
professional regulatory board to be represented by independent
counsel in any proceeding under subsection (6) of this section.
SECTION 6. 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 { + business + } 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 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 { + business + } 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 7. 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. 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 - } { +
except as otherwise provided under subsection (3) of this
section. 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 - } { + a person described in
subsection (2) of this section + } for which the Attorney General
or district attorney ordinarily serves as counsel. Nothing in
this section shall preclude { - an elected official - } { + a
person described in subsection (2) of this section + } from
requesting advice from the Attorney General or a district
attorney as to whether a public record should be disclosed.
{ + (2) This section applies to:
(a) Judicial officers, as defined in ORS 1.210;
(b) The Judicial Department;
(c) The Legislative Assembly, members of the Legislative
Assembly, statutory committees and statutory offices of the
Legislative Assembly;
(d) Persons holding the office of sheriff under Article VI of
the Oregon Constitution; and
(e) Persons holding the office of prosecuting attorney under
Article VII (Original) of the Oregon Constitution.
(3) A person denied the right to inspect or receive a copy of a
public record by a judge in a circuit court or the Oregon Tax
Court in a pending case, or by a judge in the Court of Appeals or
a judge of the Supreme Court or the Chief Justice, may challenge
the determination by filing a petition for a writ of mandamus in
the Supreme Court as prescribed in ORS 34.105 to 34.240. + }
SECTION 8. 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 { + business + } days after issuance of
the order, or did not institute the proceedings within seven { +
business + } 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.
SECTION 9. { + (1) Except in cases where the law specifically
creates a right of action based on the disclosure of particular
information or records, a public body or an official, volunteer,
employee or agent of a public body may not be held 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 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 public body reasonably did not expect privileged
materials to be among the materials disclosed or the 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 public body from reviewing requested documents in a
manner calculated to avoid the disclosure of privileged
materials. + }
SECTION 10. { + The Attorney General shall develop:
(1) 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; and
(2) Model public record request forms that a requester may use
in making a request. + }
{ +
EXEMPTIONS FROM DISCLOSURE OF PUBLIC RECORDS + }
SECTION 11. { + Exemptions from disclosure of public records
relating to criminal investigations. (1) Investigatory
information compiled for criminal law purposes is exempt from
disclosure under ORS 192.410 to 192.505 unless the public
interest requires 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.
(2) 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, except to the
extent a statute listed in this subsection authorizes disclosure
of the public record:
(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 180.075 (information obtained under subpoena).
(g) ORS 181.852 (undercover law enforcement officer
information).
(h) ORS 476.090 (investigatory testimony).
(i) ORS 807.725 (fictitious driver license or identification
cards).
(j) ORS 137.225 (criminal arrest and conviction set aside
orders and related records). + }
SECTION 12. { + Exemptions from disclosure of public records
relating to noncriminal investigations. (1) The following public
records relating to noncriminal investigations are exempt from
disclosure under ORS 192.410 to 192.505 unless the public
interest requires 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.
(2) 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, except to
the extent a statute listed in this subsection authorizes
disclosure of the public record:
(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 675.075 (State Board of Psychologist Examiners
records).
(i) ORS 675.300 (Occupational Therapy Licensing Board records).
(j) ORS 675.540, 675.583 and 675.585 (State Board of Licensed
Social Workers records).
(k) ORS 675.745 (Oregon Board of Licensed Professional
Counselors and Therapists records).
(L) ORS 676.165 (complaints, investigatory materials and
related public records of health professional regulatory boards
or the Oregon Health Licensing Agency).
(m) ORS 677.425 (Oregon Medical Board records).
(n) ORS 679.140, 679.280 and 679.320 (Oregon Board of Dentistry
records).
(o) ORS 682.220 (Oregon Health Authority records relating to
ambulance services).
(p) ORS 685.115 and 685.205 (Oregon Board of Naturopathic
Medicine records).
(q) ORS 687.490 (State Board of Direct Entry Midwifery or
Oregon Health Licensing Agency records).
(r) ORS 688.230 (Physical Therapist Licensing Board records).
(s) ORS 688.525 and 688.605 (Board of Medical Imaging records).
(t) ORS 689.455 (State Board of Pharmacy records).
(u) ORS 703.480 (Department of Public Safety Standards and
Training records related to investigations of violations of ORS
703.401 to 703.490).
(v) ORS 731.264 (complaints and related public records of the
Department of Consumer and Business Services concerning persons
regulated by the Insurance Code).
(w) ORS 279C.815 (records related to determinations of
prevailing rate of wage for workers).
(x) ORS 441.057 (records concerning standards of care at health
care facilities).
(y) ORS 443.355 (records concerning care or services provided
by home health agencies, in-home care agencies, referral agencies
or caregiver registries).
(z) ORS 618.506 (security seal violation records).
(aa) ORS 646A.164 (records regarding service contracts
regulated under ORS 646A.150 to 646A.172).
(bb) ORS 671.550 (State Landscape Contractors Board records).
(cc) ORS 678.126 (Oregon State Board of Nursing records).
(dd) ORS 683.165 and 683.335 (Oregon Board of Optometry
records).
(ee) ORS 684.100 and 684.185 (State Board of Chiropractic
Examiners records and records of peer review committees
established by the State Board of Chiropractic Examiners).
(ff) ORS 686.135 (Oregon State Veterinary Medical Examining
Board records).
(gg) ORS 687.081 (State Board of Massage Therapists records).
(hh) ORS 691.585 (Board of Examiners of Licensed Dietitians
records).
(ii) ORS 692.180 and 692.230 (State Mortuary and Cemetery Board
records).
(jj) 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).
(kk) ORS 9.568 (records of a state lawyers assistance committee
or personal and practice management assistance committee). + }
SECTION 13. { + Exemptions from disclosure of public records
relating to personal privacy. (1) 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.
(2) Public records relating to health information and made
confidential by a statute listed in this subsection are exempt
from disclosure under ORS 192.410 to 192.505, except to the
extent a statute listed in this subsection authorizes disclosure
of the public record:
(a) ORS 40.225 to 40.295 (privileged communications).
(b) ORS 135.139 (records related to testing for HIV and other
communicable diseases of persons charged with crimes).
(c) ORS 146.184 (records related to missing persons).
(d) ORS 146.780 (records related to injuries).
(e) ORS 179.495 and 179.505 (inmate health records).
(f) ORS 181.085 (blood and buccal sample records).
(g) ORS 192.537 and 192.539 (records of genetic information).
(h) ORS 414.390 (Drug Use Review Board records).
(i) ORS 430.475 (drug use evaluation records).
(j) ORS 431.627 and 431.635 (State Trauma Advisory Board and
area trauma advisory board records).
(k) ORS 431.966 (prescription monitoring program records).
(L) ORS 432.337 (termination of pregnancy records).
(m) ORS 432.530 (cancer diagnosis and treatment records).
(n) ORS 433.008, 433.045, 433.075, 433.123, and 433.423
(reportable disease and quarantine petition records).
(o) ORS 441.113, 441.650, 441.660 and 441.671 (long term care
patient records).
(p) ORS 442.745 (cooperative program agreement records).
(q) ORS 444.330 (childhood diabetes database records).
(r) ORS 475.331 (medical marijuana registry records).
(s) ORS 656.327 (worker compensation medical review panel
records).
(t) ORS 675.580 (regulated social worker communications with
clients).
(u) ORS 675.765 (licensed professional counselor and therapist
communications with clients).
(v) ORS 676.195 (impaired health professional program records).
(w) ORS 807.710 (cognitive or functional impairment reports
required by the Department of Transportation).
(x) ORS 41.685 (emergency medical services system records).
(3) The following public records relating to educational
information are exempt from disclosure under ORS 192.410 to
192.505 unless the public interest requires disclosure in the
particular instance:
(a) 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.
(b) Personal information held by or under the direction of
officials of the Oregon Health and Science University or the
Oregon University System about a person who has or who is
interested in donating money or property to the university, the
system or a state institution of higher education, if the
information is related to the family of the person, personal
assets of the person or is incidental information not related to
the donation.
(c) The home address, professional address and telephone number
of a person who has or who is interested in donating money or
property to the Oregon University System.
(4) 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, except to the
extent a statute listed in this subsection authorizes disclosure
of the public record:
(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).
(5) The following public records relating to personal privacy
are exempt from disclosure under ORS 192.410 to 192.505 unless
the public interest requires disclosure in the particular
instance:
(a) The residence address of an elector if authorized under ORS
247.965 and subject to ORS 247.967.
(b) The following records, communications and information
submitted to a housing authority as defined in ORS 456.005, or to
an urban renewal agency as defined in ORS 457.010, by applicants
for and recipients of loans, grants and tax credits:
(A) Personal and corporate financial statements and
information, including tax returns;
(B) Credit reports;
(C) Project appraisals;
(D) Market studies and analyses;
(E) Articles of incorporation, partnership agreements and
operating agreements;
(F) Commitment letters;
(G) Project pro forma statements;
(H) Project cost certifications and cost data;
(I) Audits;
(J) Project tenant correspondence requested to be confidential;
(K) Tenant files relating to certification; and
(L) Housing assistance payment requests.
(c) Information provided to or obtained or used by a public
body to authorize, originate, receive or authenticate a transfer
of funds, including but not limited to a credit card number,
payment card expiration date, password, financial institution
account number and financial institution routing number.
(d) Land management plans required for voluntary stewardship
agreements entered into under ORS 541.423.
(e) A medical examiner's report, autopsy report or laboratory
test report ordered by a medical examiner under ORS 146.117.
(6) The following public records relating to personal privacy
are exempt from disclosure under ORS 192.410 to 192.505:
(a) Reports made to or filed with the court under ORS 137.077
or 137.530.
(b) All information supplied by a person under ORS 151.485 for
the purpose of requesting appointed counsel, and all information
supplied to the court from whatever source for the purpose of
verifying the financial eligibility of a person pursuant to ORS
151.485.
(c) 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.
(d) Raster geographic information system (GIS) digital
databases, provided by private forestland owners or their
representatives, voluntarily and in confidence to the State
Forestry Department, that are not otherwise required by law to be
submitted.
(e) 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,
electronic mail addresses or Social Security numbers of customers
who receive water, sewer or storm drain services from a public
body as defined in ORS 174.109. The utility or district may
release personally identifiable information about a customer, and
a public body providing water, sewer or storm drain services may
release the name, date of birth, driver license number, telephone
number, electronic mail address or Social Security number of a
customer, if the customer consents in writing or electronically,
if the disclosure is necessary for the utility, district or other
public body to render services to the customer, if the disclosure
is required pursuant to a court order or if the disclosure is
otherwise required by federal or state law. The utility, district
or other public body may charge as appropriate for the costs of
providing such information. The utility, district or other public
body may make customer records available to third party credit
agencies on a regular basis in connection with the establishment
and management of customer accounts or in the event such accounts
are delinquent.
(f) A record of the street and number of an employee's address
submitted to a special district to obtain assistance in promoting
an alternative to single occupant motor vehicle transportation.
(g) The information specified in ORS 25.020 (8) if the Chief
Justice of the Supreme Court designates the information as
confidential by rule under ORS 1.002.
(h)(A) Claimant files of the State Accident Insurance Fund
Corporation.
(B) As used in this paragraph, 'claimant files' 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.
(C) The exemption provided by this paragraph may not serve as
the basis for opposition to the discovery of documents in
litigation pursuant to applicable rules of civil procedure.
(i) Except as authorized by ORS 408.425, records that certify
or verify an individual's discharge or other separation from
military service.
(7) Public records relating to personal privacy and made
confidential by a statute listed in this subsection are exempt
from disclosure under ORS 192.410 to 192.505, except to the
extent a statute listed in this subsection authorizes disclosure
of the public record:
(a) ORS 40.225 to 40.295 (privileged communications).
(b) ORS 3.450 (drug court program records).
(c) ORS 7.211 (adoption proceeding records).
(d) ORS 10.205 to 10.265 and 10.275 (jury related records).
(e) ORS 25.260 (Child Support Program records).
(f) ORS 25.792 (Child Support Program employer hiring records).
(g) ORS 90.771 (Office of Manufactured Dwelling Park Community
Relations landlord-tenant dispute records).
(h) ORS 107.600 (domestic relations conciliation jurisdiction
records).
(i) ORS 107.785 (domestic relations mediation proceeding
records).
(j) ORS 107.840 (Social Security numbers of parties to a
domestic relations proceeding).
(k) ORS 109.440, 109.445 and 109.503 (adoption proceeding
records).
(L) ORS 118.525 (inheritance tax records).
(m) ORS 151.495 (records for determination of eligibility for
appointed counsel in criminal matters).
(n) ORS 161.336 (Psychiatric Security Review Board records).
(o) ORS 173.850 (Legislative Revenue Officer records received
from the Department of Revenue).
(p) ORS 180.320 (Department of Justice Division of Child
Support records).
(q) ORS 181.534, 181.537, 181.548 and 181.592 (records related
to criminal record background checks and criminal offender
records).
(r) ORS 192.517 (records of individuals with disability or
mental illness).
(s) ORS 242.722 (Civil Service Commission records).
(t) ORS 243.960 (Public Safety Memorial Fund applicant
records).
(u) ORS 247.973 (identifying information relating to voter
registration records).
(v) ORS 297.060 (information furnished by the Department of
Revenue to the Secretary of State for audit purposes).
(w) ORS 314.860 (elderly rental assistance records).
(x) ORS 346.150, 346.165 and 346.167 (Commission for the Blind
records).
(y) ORS 403.135 (automatic telephone identification numbers
received by public safety answering points).
(z) ORS 408.425 (military discharge records).
(aa) ORS 409.225 and 409.230 (child welfare records and
Department of Human Services reports relating to child histories
or prognoses).
(bb) ORS 410.150, 410.480 and 410.535 (Department of Human
Services records related to applicants and recipients of services
and client information gathered during admission assessments).
(cc) ORS 411.320 and 411.335 (public assistance records).
(dd) ORS 412.074 and 412.094 (temporary assistance to needy
families program records).
(ee) ORS 417.815 (Office of Children's Advocate child abuse
records).
(ff) ORS 418.250, 418.642, 418.794 and 418.795 (records related
to child welfare services).
(gg) ORS 426.370 (community mental health program commitment
investigation records).
(hh) ORS 432.121, 432.408, 432.412, 432.420 and 432.430 (vital
records and vital reports).
(ii) ORS 657.734 (Performance Reporting Information System
individual records).
(jj) ORS 660.318 and 660.339 (workforce program participant
records).
(kk) ORS 673.415 (tax return signature block records furnished
by the Department of Revenue to the Oregon Board of Accountancy).
(LL) ORS 701.246 (Construction Contractors Board applicant and
licensee records).
(mm) ORS 703.473 (Department of Public Safety Standards and
Training investigator personal information).
(nn) ORS 706.730 (depositor and debtor information in
possession of Department of Consumer and Business Services).
(oo) ORS 744.346 (insurance licensee records).
(pp) ORS 802.177, 802.181, 802.195 and 807.115 (driver license
applicant and licensee records).
(qq) ORS 107.179 and 107.767 (child custody proceeding
records).
(rr) ORS 125.240 (professional fiduciary background check
records).
(ss) ORS 166.412 (firearm transaction background check
records).
(tt) ORS 676.405 and 676.410 (personal information of persons
licensed, registered or certified by health professional
regulatory boards or healthcare workforce regulatory boards).
(uu) ORS 97.977 and 802.220 (anatomical donation and donor
records).
(vv) ORS 419A.255, 419A.256 and 419A.257 (juvenile proceeding
records).
(ww) ORS 427.293 (involuntary civil commitment records). + }
SECTION 14. { + Exemptions from disclosure of public records
relating to business. (1) The following public records relating
to business are exempt from disclosure under ORS 192.410 to
192.505 unless the public interest requires disclosure in the
particular instance:
(a) Trade secrets. 'Trade secrets,' as used in this paragraph,
may include, but is not limited to, any formula, plan, pattern,
process, tool, mechanism, compound, procedure, production data or
compilation of information that is not patented, that is known
only to certain individuals within an organization and that is
used in a business the organization conducts, having actual or
potential commercial value, and that gives its user an
opportunity to obtain a business advantage over competitors who
do not know or use it.
(b) Information consisting of production records, sale or
purchase records or catch records, or similar business records of
a private concern or enterprise, required by law to be submitted
to or inspected by a governmental body to allow the body to
determine fees or assessments payable or to establish production
quotas, and the amounts of such fees or assessments payable or
paid, to the extent that such information is in a form that would
permit identification of the individual concern or enterprise.
This exemption does not include records submitted by long term
care facilities as defined in ORS 442.015 to the state for
purposes of reimbursement of expenses or determining fees for
patient care. Nothing in this paragraph shall limit the use that
can be made of such information for regulatory purposes or the
admissibility of such information in any enforcement proceeding.
(c) Records, reports and other information received or compiled
by the Director of the Department of Consumer and Business
Services under ORS 697.732.
(d) Records of the name and address of a person who files a
report with or pays an assessment to a commodity commission
established under ORS 576.051 to 576.455, the Oregon Beef Council
created under ORS 577.210 or the Oregon Wheat Commission created
under ORS 578.030.
(e) 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 as provided in
subsection (2)(g) of this section; or
(D) Provide the basis for opposing the discovery of documents
in litigation pursuant to the applicable rules of civil
procedure.
(2) The following public records relating to business are
exempt from disclosure under ORS 192.410 to 192.505:
(a) Records, reports and other information received or compiled
by the Director of the Department of Consumer and Business
Services in the administration of ORS chapters 723 and 725 not
otherwise required by law to be made public, to the extent that
the interests of lending institutions, their officers, employees
and customers in preserving the confidentiality of such
information outweighs the public interest in disclosure.
(b)(A) The following records, communications and information
submitted to the Oregon Business Development Commission, the
Oregon Business Development Department, the State Department of
Agriculture, the Oregon Growth Account Board, the Port of
Portland or other ports, as defined in ORS 777.005, by applicants
for investment funds, loans or services including, but not
limited to, those described in ORS 285A.224:
(i) Personal financial statements.
(ii) Financial statements of applicants.
(iii) Customer lists.
(iv) Information of an applicant pertaining to litigation to
which the applicant is a party if the complaint has been filed,
or if the complaint has not been filed, if the applicant shows
that such litigation is reasonably likely to occur, except that
this exemption does not apply to litigation that has been
concluded and nothing in this sub-subparagraph shall limit any
right or opportunity granted by discovery or deposition statutes
to a party to litigation or potential litigation.
(v) Production, sales and cost data.
(vi) Marketing strategy information that relates to an
applicant's plan to address specific markets and the applicant's
strategy regarding specific competitors.
(B) The following records, communications and information
submitted to the State Department of Energy by applicants for tax
credits:
(i) Personal financial statements.
(ii) Financial statements of applicants.
(iii) Customer lists.
(iv) Information of an applicant pertaining to litigation to
which the applicant is a party if the complaint has been filed,
or if the complaint has not been filed, if the applicant shows
that the litigation is reasonably likely to occur, except that
this exemption does not apply to litigation that has been
concluded, and nothing in this sub-subparagraph shall limit any
right or opportunity granted by discovery or deposition statutes
to a party to litigation or potential litigation.
(v) Production, sales and cost data.
(vi) Marketing strategy information that relates to an
applicant's plan to address specific markets and the applicant's
strategy regarding specific competitors.
(c) Records, reports or returns submitted by private concerns
or enterprises required by law to be submitted to or inspected by
a governmental body to allow the governmental body to determine
the amount of any transient lodging tax payable and the amounts
of such tax payable or paid, to the extent that such information
is in a form that would permit identification of the individual
concern or enterprise. Nothing in this paragraph shall limit the
use that can be made of such information for regulatory purposes
or the admissibility of such information in any enforcement
proceedings. The public body shall notify the taxpayer of the
delinquency immediately by certified mail. However, in the event
that the payment or delivery of transient lodging taxes otherwise
due to a public body is delinquent by over 60 days, the public
body shall disclose, upon the request of any person, the
following information:
(A) The identity of the individual concern or enterprise that
is delinquent over 60 days in the payment or delivery of the
taxes.
(B) The period for which the taxes are delinquent.
(C) The actual, or estimated, amount of the delinquency.
(d) 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, in any of the following circumstances:
(A) When necessary for insurers, self-insured employers and
third party claim administrators to process workers' compensation
claims.
(B) When necessary for the director, other governmental
agencies of this state or the United States to carry out their
duties, functions or powers.
(C) When the disclosure is made in such a manner that the
disclosed information cannot be used to identify any worker who
is the subject of a claim.
(D) When a worker or the worker's representative requests
review of the worker's claim record.
(e) The following records, communications and information
obtained by the Housing and Community Services Department in
connection with the department's monitoring or administration of
financial assistance or of housing or other developments:
(A) Personal and corporate financial statements and
information, including tax returns.
(B) Credit reports.
(C) Project appraisals.
(D) Market studies and analyses.
(E) Articles of incorporation, partnership agreements and
operating agreements.
(F) Commitment letters.
(G) Project pro forma statements.
(H) Project cost certifications and cost data.
(I) Audits.
(J) Project tenant correspondence.
(K) Personal information about a tenant.
(L) Housing assistance payments.
(f) Sensitive business, commercial or financial information
furnished to or developed by a public body engaged in the
business of providing electricity or electricity services, if the
information is directly related to a transaction described in ORS
261.348, or if the information is directly related to a bid,
proposal or negotiations for the sale or purchase of electricity
or electricity services, and disclosure of the information would
cause a competitive disadvantage for the public body or its
retail electricity customers. This paragraph does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
(g)(A) Employer account records of the State Accident Insurance
Fund Corporation.
(B) As used in this paragraph, 'employer account records '
means all records maintained in any form that are specifically
related to the account of any employer insured, previously
insured or under consideration to be insured by the State
Accident Insurance Fund Corporation and any information obtained
or developed by the corporation in connection with providing,
offering to provide or declining to provide insurance to a
specific employer. 'Employer account records' includes, but is
not limited to, an employer's payroll records, premium payment
history, payroll classifications, employee names and
identification information, experience modification factors, loss
experience and dividend payment history.
(C) The exemption provided by this paragraph may not serve as
the basis for opposition to the discovery documents in litigation
pursuant to applicable rules of civil procedure.
(3) Public records relating to business and made confidential
by a statute listed in this subsection are exempt from disclosure
under ORS 192.410 to 192.505, except to the extent a statute
listed in this subsection authorizes disclosure of the public
record:
(a) ORS 465.300 (hazardous waste cleanup financial assistance
records).
(b) ORS 466.090 and 466.800 (hazardous waste and underground
storage tank records).
(c) ORS 468.963 (environmental audit records).
(d) ORS 469.090 (energy resource records).
(e) ORS 517.705 (mineral production records).
(f) ORS 520.097 and 522.365 (well and geothermal well records).
(g) ORS 646.574 (telephone solicitation program records).
(h) ORS 646.836 (antitrust investigation records).
(i) ORS 654.120 (employer safety and health hazard evaluation
records).
(j) ORS 697.732 (debt consolidation records).
(k) ORS 705.137 (Department of Business and Consumer Services
regulatory records).
(L) ORS 706.720 (Bank Act records).
(m) ORS 723.118 (credit union records).
(n) ORS 731.312, 731.750, 731.752, 731.761, 731.762, 735.425
and 743.018 (insurance records).
(o) ORS 744.087 (insurance producer compensation records).
(p) ORS 777.793 and 777.795 (export trading corporation
commercial or financial records).
(q) ORS 94.974 (membership camping contract records).
(r) ORS 190.050 and 268.357 (intergovernmental group or
metropolitan service district information technology and
geographic databases and systems).
(s) ORS 192.555 (financial institution disclosures of records).
(t) ORS 308.290 (personal property tax return records).
(u) ORS 305.192 and 308.411 (industrial plant appraisal
records).
(v) ORS 320.340 (state transient lodging tax records).
(w) ORS 348.710 (Oregon Growth Account records).
(x) ORS 383.025 (tollway project feasibility records).
(y) ORS 824.092 (hazardous waste transportation program
records).
(z) ORS 279B.060, 279B.110, 279C.410 and 279C.850 (competitive
sealed bids, information furnished by bidders, contract proposals
and related public contracting records).
(aa) ORS 285C.615 and 285C.620 (strategic investment program
records).
(bb) ORS 286A.190 (bond ownership records).
(cc) ORS 295.018 (bank depository collateralization records).
(dd) ORS 319.190 (vehicle fuel dealer reports).
(ee) ORS 321.682 (forest products harvest tax and forestland
appraisal records).
(ff) ORS 367.804 (Oregon Innovative Partnerships Program
records).
(gg) ORS 459A.050 (county annual recycling reports).
(hh) ORS 465.015 and 465.250 (hazardous waste records).
(ii) ORS 466.060 (waste treatment and disposal records).
(jj) ORS 468.095 (pollution related records).
(kk) ORS 469.560 (energy facility regulation records).
(LL) ORS 537.762 (well construction records).
(mm) ORS 571.057 (nursery license application records).
(nn) ORS 583.086 (milk handler audit records).
(oo) ORS 633.077 (commercial feed test records).
(pp) ORS 656.248 (medical service fee schedule records).
(qq) ORS 756.075 (public utility or telecommunications utility
records).
(rr) ORS 633.364 (fertilizer registration records). + }
SECTION 15. { + Exemptions from disclosure of public records
relating to crime victims. Public records relating to crime
victims and made confidential by a statute listed in this section
are exempt from disclosure under ORS 192.410 to 192.505, except
to the extent a statute listed in this section authorizes
disclosure of the public record:
(1) ORS 147.115 (crime victim compensation records).
(2) ORS 192.844 (address confidentiality program records).
(3) ORS 18.048 (criminal restitution recipient records). + }
SECTION 16. { + Exemptions from disclosure of public records
relating to whistleblower information. Public records relating to
whistleblower information and made confidential by a statute
listed in this section are exempt from disclosure under ORS
192.410 to 192.505, except to the extent a statute listed in this
section authorizes disclosure of the public record:
(1) ORS 40.275 (identity of criminal investigation informants).
(2) ORS 124.075, 124.085 and 124.090 (identity of persons
reporting elder abuse and elder abuse records).
(3) ORS 177.170 and 177.180 (government waste, inefficiency or
abuse records).
(4) ORS 430.763 (records of abuse of developmentally disabled
individuals or individuals with mental illness).
(5) ORS 441.057 (records of standards of care of health care
facilities).
(6) ORS 654.062 (records of employees making complaints of
safety or health laws, regulations or standards).
(7) ORS 659A.218 (records of public employee disclosures of
unlawful activities. + }
SECTION 17. { + Exemptions from disclosure of public records
relating to security and emergency planning. (1) The following
public records relating to security and emergency planning are
exempt from disclosure under ORS 192.410 to 192.505 unless the
public interest requires disclosure in the particular instance:
(a) Computer programs developed or purchased 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.
(b) 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.
(c) 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.
(d) 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).
(2) 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.
(3) 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, except to
the extent a statute listed in this subsection authorizes
disclosure of the public record:
(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). + }
SECTION 18. { + Exemptions from disclosure of public records
relating to public employee privacy. (1) The following public
records relating to public employee privacy are exempt from
disclosure under ORS 192.410 to 192.505, unless the public
interest requires disclosure:
(a) The names and signatures of employees who sign
authorization cards or petitions for the purpose of requesting
representation or decertification elections.
(b) Personnel discipline records where no disciplinary action
is taken.
(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.
(2) 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.
(3) 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, except to the
extent a statute listed in this subsection authorizes disclosure
of the public record:
(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 192.447 (public employee identification badge records).
(e) ORS 342.850 (teacher evaluation and personnel file
records).
(f) ORS 339.388 (child abuse or sexual conduct records). + }
SECTION 19. { + Exemptions from disclosure of public records
relating to government operations. (1) The following public
records relating to government operations are exempt from
disclosure under ORS 192.410 to 192.505 unless the public
interest requires disclosure in the particular instance:
(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. This exemption
does not apply to litigation that has been concluded, and 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) Writings prepared by or under the direction of faculty of
public educational institutions, in connection with research,
until publicly released, copyrighted or patented.
(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.
(2) 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)(A) Public records or information, the disclosure of which
is prohibited or restricted or otherwise made confidential or
privileged under Oregon law.
(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.
(e) Public records or information described in sections 11 to
21 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.
(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) Sensitive business records, capital development plans or
financial or commercial information of Oregon Corrections
Enterprises that is not customarily provided to business
competitors.
(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.
(3) 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, except to the
extent a statute listed in this subsection authorizes disclosure
of the public record:
(a) ORS 36.220 and 36.230 (mediation records).
(b) ORS 40.225 to 40.295 (privileged communications).
(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). + }
SECTION 20. { + Federal law prohibitions on disclosure. + }
{ + 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. + }
SECTION 21. { + Effect of parenthetical material. + } { +
Text set forth within parentheses in sections 11 to 21 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. + }
{ +
REPEALS + }
SECTION 22. { + ORS 192.501 and 192.502 are repealed. + }
SECTION 22a. { + Effect of repeal and reorganization of
exemptions. Nothing in the repeal of ORS 192.501 or 192.502 by
section 22 of this 2011 Act or the reorganization of public
records exemptions as set forth in sections 11 to 21 of this 2011
Act is intended to alter existing judicial or administrative
interpretation of the meaning and scope of existing exemptions
from disclosure of public records, as amended and in effect on
the effective date of this 2011 Act. + }
{ +
CONFORMING AMENDMENTS + }
SECTION 23. 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 11 to 21 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 24. 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 11 to 21 of this 2011
Act + }.
SECTION 25. 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 14 (1)(a) 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 14 (1)(a) 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 26. 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 14 (1)(a) of
this 2011 Act + }.
SECTION 27. 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 19 (2)(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 28. 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 13
(5)(e) 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 29. 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 - } { + a fee + } for making public records available as
provided in ORS 192.440 { - (4) - } .
(3) As used in this section:
(a) 'Criminal history' means a description of the prior
arrests, convictions and sentences of the person.
(b) 'Future release' means the projected or scheduled date of
release of the person from confinement, the name and location of
the correctional facility from which the person is to be released
and the community where the person is scheduled to reside upon
release.
(c) 'Imprisonment' means the name and location of the
correctional facility in which the person is confined.
(d) 'Public body' has the meaning given that term in ORS
192.410.
SECTION 30. 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 11 to
21 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 11 to 21 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 31. 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 11 (1) of this 2011 Act + }.
SECTION 32. 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 11 to 21 of this 2011 Act + }.
(c) Information about the employee that is prohibited from
disclosure by subsection (3) of this section.
SECTION 33. 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 11 to 21 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 34. 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 11 to 21 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 35. 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 19 (2)(d)(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 36. 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 11 to 21 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 37. ORS 192.495 is amended to read:
192.495. Notwithstanding { - ORS 192.501 to 192.505 - } { +
sections 11 to 21 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 38. 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 11
to 21 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 39. 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 11 to 21 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 40. 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 14 (1)(a) of this 2011 Act + }, and
information submitted to a public body in confidence, as
described in { - ORS 192.502 - } { + section 19 (2)(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 41. 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 11 to 21 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 42. 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 14 (1)(a) of this 2011
Act + }, and information submitted to a public body in
confidence, as described in { - ORS 192.502 - } { + section
19 (2)(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 43. 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 14 (1)(a) of this 2011
Act + }, and information submitted to a public body in
confidence, as described in { - ORS 192.502 - } { + section
19 (2)(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 44. ORS 285C.145 is amended to read:
285C.145. (1) The Legislative Assembly finds that the standard
procedure for authorization in an enterprise zone inappropriately
deters development or redevelopment of qualified buildings on
speculation for subsequent sale or lease to eligible business
firms.
(2) Notwithstanding ORS 285C.140 (1), a new building or
structure or an addition to or modification of an existing
building or structure may qualify for the exemption allowed under
ORS 285C.175 if the qualified property is leased or sold by an
unrelated party to one or more authorized business firms after
commencement of the construction, addition or modification but
prior to use or occupancy of the qualified property.
(3) A business firm may not be considered authorized and is not
qualified for the exemption allowed under ORS 285C.175 if the
county assessor discovers prior to initially granting the
exemption that the application for authorization was not
submitted by the business firm in a timely manner in accordance
with ORS 285C.140, except as allowed under subsection (2) of this
section or ORS 285C.140 (11) and (12).
(4) Records, communications or information submitted to a
public body by a business firm for purposes of ORS 285C.050 to
285C.250 that identify a particular qualified property, that
reveal investment plans prior to authorization, that include the
compensation the firm provides to firm employees, that are
described in { - ORS 192.502 (17) - } { + section 14 (2)(b)
of this 2011 Act + } or that are submitted under ORS 285C.225 or
285C.235 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 45. 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 46. 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 18 (1)(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).
{ + NOTE: + } Sections 47 and 48 were deleted by amendment.
Subsequent sections were not renumbered.
SECTION 49. ORS 312.190 is amended to read:
312.190. Subject to an exemption from disclosure that applies
under { - ORS 192.501 - } { + sections 11 to 21 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 49a. ORS 339.388 is amended to read:
339.388. (1)(a) A school employee having reasonable cause to
believe that a child with whom the employee comes in contact has
suffered abuse by another school employee, or that another school
employee with whom the employee comes in contact has abused a
child, shall immediately report the information to:
(A) A supervisor or other person designated by the school
board; and
(B) A law enforcement agency, the Department of Human Services
or a designee of the department as required by ORS 419B.010 and
419B.015.
(b) A school employee having reasonable cause to believe that a
student with whom the employee comes in contact has been
subjected to sexual conduct by another school employee, or that
another school employee with whom the employee comes in contact
has engaged in sexual conduct, shall immediately report the
information to a supervisor or other person designated by the
school board.
(2) A supervisor or other person designated by the school board
who receives a report under subsection (1) of this section, shall
follow the procedures required by the policy adopted by the
school board under ORS 339.372.
(3)(a) Except as provided in subsection (4) of this section,
when an education provider receives a report of suspected child
abuse or sexual conduct by one of its employees, and the
education provider's designee determines that there is reasonable
cause to support the report, the education provider:
(A) In the case of suspected child abuse, shall place the
school employee on paid administrative leave; or
(B) In the case of suspected sexual conduct, may place the
school employee on paid administrative leave or in a position
that does not involve direct, unsupervised contact with children.
(b) A school employee who is placed on paid administrative
leave under paragraph (a)(A) of this subsection shall remain on
administrative leave until:
(A) The Department of Human Services or a law enforcement
agency determines that the report cannot be substantiated or that
the report will not be pursued; or
(B) The Department of Human Services or a law enforcement
agency determines that the report is substantiated and the
education provider takes the appropriate disciplinary action
against the school employee.
(4) An education provider may reinstate a school employee
placed on paid administrative leave for suspected child abuse as
provided under subsection (3) of this section or may take the
appropriate disciplinary action against the employee if the
Department of Human Services or a law enforcement agency is
unable to determine, based on a report of suspected child abuse,
whether child abuse occurred.
(5) If, following an investigation, an education provider
determines that the report of suspected child abuse or sexual
conduct is a substantiated report, the education provider shall:
(a) Inform the school employee that the education provider has
determined that the report has been substantiated.
(b) Provide the school employee with information about the
appropriate appeal process for the determination made by the
education provider. The appeal process may be the process
provided by a collective bargaining agreement or a process
administered by a neutral third party and paid for by the school
district.
(c) Following notice of a school employee's decision not to
appeal the determination or following the determination of an
appeal that sustained the substantiated report, create a record
of the substantiated report and place the record in the personnel
file of the school employee. Records created pursuant to this
paragraph are confidential and are not public records as defined
in ORS 192.410. An education provider may use the record as a
basis for providing the information required to be disclosed
under ORS 339.378.
(d) Inform the school employee that information about
substantiated reports may be disclosed to a potential employer as
provided by subsection (7) of this section and ORS 339.378.
(6) Upon request from a law enforcement agency, the Department
of Human Services or the Teacher Standards and Practices
Commission, a school district shall provide the records of
investigations of suspected child abuse by a school employee or
former school employee.
(7)(a) The disciplinary records of a school employee or former
school employee convicted of a crime listed in ORS 342.143 are
not exempt from disclosure under { - ORS 192.501 or 192.502 - }
{ + sections 11 to 21 of this 2011 Act + }.
(b) If a school employee is convicted of a crime listed in ORS
342.143, the education provider that is the employer of the
employee shall disclose the disciplinary records of the employee
to any person upon request.
(c) If a former school employee is convicted of a crime listed
in ORS 342.143, the education provider that was the employer of
the former employee when the crime was committed shall disclose
the disciplinary records of the former employee to any person
upon request.
(8) Prior to disclosure of a disciplinary record under
subsection (7) of this section, an education provider shall
remove any personally identifiable information from the record
that would disclose the identity of a child, a crime victim or a
school employee or former school employee who is not the subject
of the disciplinary record.
SECTION 50. 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 51. 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 52. 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 11
(1) 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 53. 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 11 to 21 of this 2011 Act + }.
SECTION 54. 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 55. 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 56. 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 57. 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 58. 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 59. 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 13 (1) 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 60. 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 11 to 21 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 61. ORS 433.009 is amended to read:
433.009. (1) Notwithstanding ORS { - 192.501 (3), 192.502 (2)
and - } 433.045 { + and sections 11 (1) and 13 (1) 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 62. 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 11 to 21 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 63. 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 11 to 21 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 64. 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 14 (1)(a) of this 2011
Act + }.
SECTION 65. 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 14 (1)(a) 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 66. 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 14
(2)(e) 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 67. 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 11 to
21 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 68. 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 14 (1)(a) 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 69. 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 70. 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 11 to 21
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 71. 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 72. 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 11 to
21 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 73. 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 11 and 12 of this 2011 Act + }.
(2) This section { - shall - } { + does + } not apply to
forestlands under the jurisdiction of the State Forester.
SECTION 74. 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 14 (2)(a)
of this 2011 Act + } and is not subject to public disclosure
under ORS 192.410 to 192.505.
SECTION 75. 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 14 (1)(a) 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 76. 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 14 (1)(a) of this 2011 Act + }
unless the operator gives approval to release the data.
SECTION 77. 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 11 to 21 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 78. 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 11 to
21 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 14 (2)(d) of this 2011
Act + }.
SECTION 79. 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 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 13 (1) 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 80. 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 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 13 (1) 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 81. 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 11
to 21 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 82. 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 19 (1)(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 83. 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 11 to 21 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 84. 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 11 to 21 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 85. 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 11 to 21 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 86. 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 11 to 21 of this 2011 Act + } or that may
otherwise allow identification of an enrollee. The director shall
make the synopses public.
SECTION 87. 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 11 to 21 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 14 (1)(a) of this 2011 Act + }.
SECTION 88. 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) - } { + (10) to
(12) + }.
(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 89. 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 13 (1) 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.
{ +
JUDICIAL ORDERS + }
SECTION 90. { + Notwithstanding any other provision of ORS
192.410 to 192.505, a public record may be protected from
disclosure by court order. The process for requesting access to a
public record or for appealing the denial of access to a public
record under ORS 192.410 to 192.505 does not apply to a public
record that is protected from disclosure by court order. + }
{ +
MISCELLANEOUS + }
SECTION 91. { + (1) ORS 192.505 is added to and made a part of
sections 11 to 21 of this 2011 Act.
(2) Sections 11 to 21 of this 2011 Act are added to and made a
part of ORS 192.410 to 192.505.
(3) Sections 4, 9, 10 and 90 of this 2011 Act are added to and
made a part of ORS 192.410 to 192.505. + }
SECTION 92. { + The unit and section 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. + }
SECTION 93. { + Sections 4 and 10 of this 2011 Act and the
amendments to ORS 192.410, 192.420, 192.440, 192.450, 192.465,
192.480, 192.490 and 802.183 by sections 1 to 3, 5 to 8 and 88 of
this 2011 Act become operative on July 1, 2012. + }
{ +
EMERGENCY CLAUSE + }
SECTION 94. { + 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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