71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2436
 
LC 713/HB 2436-8
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2436
 
    By COMMITTEE ON RULES, REDISTRICTING, AND PUBLIC AFFAIRS
 
                            April 24
 
  On page 1 of the printed bill, line 3, delete '192.502' and
insert '192.501'.
  Delete lines 5 through 31 and delete pages 2 through 8 and
insert:
  '  { +  SECTION 1. + } ORS 192.501 is amended to read:
  ' 192.501. The following public records are exempt from
disclosure under ORS 192.410 to 192.505 unless the public
interest requires disclosure in the particular instance:
  ' (1) 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 which 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;
  ' (2) Trade secrets. 'Trade secrets,' as used in this section,
may include, but are not limited to, any formula, plan, pattern,
process, tool, mechanism, compound, procedure, production data,
or compilation of information which is not patented, which is
known only to certain individuals within an organization and
which is used in a business it conducts, having actual or
potential commercial value, and which gives its user an
opportunity to obtain a business advantage over competitors who
do not know or use it;
  ' (3) Investigatory information compiled for criminal law
purposes. 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;
  ' (4) 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;
  ' (5) 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 it 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 which 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 subsection shall limit the use which can be made
of such information for regulatory purposes or its admissibility
in any enforcement proceeding;
  ' (6) Information relating to the appraisal of real estate
prior to its acquisition;
  ' (7) The names and signatures of employees who sign
authorization cards or petitions for the purpose of requesting
representation or decertification elections;
  ' (8) Investigatory information relating to any complaint filed
under ORS 659.040 or 659.045, until such time as the complaint is
resolved under ORS 659.050, or a final administrative
determination is made under ORS 659.060;
  ' (9) Investigatory information relating to any complaint or
charge filed under ORS 243.676 and 663.180;
  ' (10) Records, reports and other information received or
compiled by the Director of the Department of Consumer and
Business Services under ORS 697.732;
  ' (11) 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;
  ' (12) A personnel discipline action, or materials or documents
supporting that action;
  ' (13) 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;
  ' (14) Writings prepared by or under the direction of faculty
of public educational institutions, in connection with research,
until publicly released, copyrighted or patented;
  ' (15) Computer programs developed or purchased by or for any
public body for its own use. As used in this subsection,
'computer program' means a series of instructions or statements
which 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 which would be
used if the manipulated forms of the original data were to be
produced manually;
  ' (16) Data and information provided by participants to
mediation under ORS 36.256;
  ' (17) 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;
  ' (18) Specific operational plans in connection with an
anticipated threat to individual or public safety for deployment
and use of personnel and equipment, prepared and used by a law
enforcement agency, if public disclosure thereof would endanger
the life or physical safety of a citizen or law enforcement
officer or jeopardize the law enforcement activity involved;
  ' (19)(a) Audits or audit reports required of a
telecommunications carrier. As used in this paragraph, '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 759.010, 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; and
  ' (b) Financial statements. As used in this paragraph, '
financial statement' means a financial statement of a
nonregulated corporation having an affiliated interest, as
defined in ORS 759.010, with a telecommunications carrier, as
defined in ORS 133.721;
  ' (20) The residence address of an elector if authorized under
ORS 247.965 and subject to ORS 247.967;
  ' (21) The following records, communications and information
submitted to a housing authority as defined in ORS 456.005 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;
  ' (22) Records or information that, if disclosed, would allow a
person to:
  ' (a) Gain unauthorized access to buildings or other property
used or owned by a public body;
  ' (b) Identify those areas of structural or operational
vulnerability that would permit unlawful disruption to, or
interference with, the services provided by a public body; or
  ' (c) Disrupt, interfere with or gain unauthorized access to
information processing, communication or telecommunication
systems, including the information contained therein, that are
used or operated by a public body;
  ' (23) Records or information that would reveal the security
measures taken or recommended to be taken to protect:
  ' (a) An officer or employee of a public body;
 
  ' (b) Buildings or other property used or owned by a public
body;
  ' (c) Information processing, communication or
telecommunication systems, including the information contained
therein, that are used or operated by a public body; or
  ' (d) Those operations of the Oregon State Lottery the security
of which are subject to study and evaluation under ORS 461.180
(6);
  ' (24) Writings prepared by or under the direction of officials
of Oregon Health Sciences University about a person and the
person's potential interest in donating money or property to the
university or the person's actual donation unless disclosure is
authorized by the person; and
  ' (25) Records of the name and address of a person who files a
report with or pays an assessment to a council, board or
commission created or organized under ORS chapter 576, 577, 578
or 579. As used in this subsection, 'council, board or commission
' does not include the advisory board established under ORS
576.810.
  '  { +  (26)(a) An audio recording of the voice of a caller
making an emergency call, as defined in ORS 401.710, to a public
safety answering point, as defined in ORS 401.710, unless the
caller consents to the disclosure or, if the caller is unable to
consent, a parent, the spouse, the guardian or another legally
recognized representative of the caller consents to the
disclosure. When determining whether the public interest requires
disclosure in the particular instance, the interest to be
balanced against the public's interest in disclosure is the
caller's interest in the privacy of the audio recording.
  ' (b) Notwithstanding paragraph (a) of this subsection:
  ' (A) The following may obtain an audio recording of a caller
making an emergency call to a public safety answering point:
  ' (i) A district attorney, as defined in ORS 131.005.
  ' (ii) A law enforcement officer, as defined in ORS 165.540.
  ' (iii) An attorney for a defendant in a criminal proceeding,
as defined in ORS 131.005, when the audio recording could lead to
the discovery of admissible evidence.
  ' (iv) An emergency service agency, as defined in ORS 401.025,
for use in training an emergency service worker, as defined in
ORS 401.025.
  ' (v) A labor organization, as defined in ORS 659.010, for use
in an action by an employer against a member of the labor
organization for the purpose of punishing the member.
  ' (B) A person may obtain a transcript of an audio recording of
a caller making an emergency call to a public safety answering
point. + } ' .
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