71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to A-Eng. HB 3839
LC 3934/HB 3839-A10
SENATE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 3839
By COMMITTEE ON RULES AND REDISTRICTING
June 27
On page 1 of the printed A-engrossed bill, line 2, after the
semicolon delete the rest of the line and insert 'creating new
provisions; and amending ORS 192.501 and 192.502 and section 8,
chapter 1059, Oregon Laws 1999.'.
On page 4, delete lines 20 through 22 and insert:
' (26) Information provided to, obtained by 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.
' { + SECTION 2. + } Section 8, chapter 1059, Oregon Laws
1999, is amended to read:
' { + Sec. 8. + } { + (1) + } In implementing the pesticide
use reporting system, the State Department of Agriculture shall,
at a minimum:
' { - (1) - } { + (a) + } Beginning July 1, 2003, and
annually thereafter, publish an annual report summarizing the
pesticide use data in Oregon on a watershed basis. The report
shall include an analysis of trends in use and an assessment of
accuracy of the reporting data and summary of use by regions,
watershed, county or other scale as recommended by the pesticide
stakeholder group appointed under section 5 { + , chapter 1059,
Oregon Laws 1999 + } { - of this 1999 Act - } .
' { - (2) - } { + (b) + } Establish policy and adopt rules
relating to the public release of { + data about + } pesticide
{ + sales or + } use { - information. The policy and rules
may not reveal the identity of the owner or lessee of a specific
property or the address of the property itself where a pesticide
has been applied, and shall maintain the confidentiality of that
information. Nothing in - } { + consistent with the limitations
provided in this section.
' (2)(a) Data about pesticide use obtained under sections 2 to
9, chapter 1059, Oregon Laws 1999, are confidential if the data
would reveal the identity of the owner or lessee or the specific
location of property where a person has applied a pesticide:
' (A) For a private agricultural or forestry operation; or
' (B) On private property or public property leased to a
private person.
' (b) Data about pesticide sales obtained under sections 2 to
9, chapter 1059, Oregon Laws 1999, are confidential if the data
would reveal a trade secret, as defined in ORS 646.461, of the
retail outlet, multiple-outlet retailer or associated group of
retailers that reports the data.
' (3) + } The policy { - or - } { + and + } rules
{ - adopted by - } { + that + } the department { - shall - }
{ + adopts under this section may not + } limit access to data
for the following purposes:
' (a) Information obtained as part of any investigation under
any other provision of law;
' (b) To release information obtained exclusively under
sections 2 to 9 { + , chapter 1059, Oregon Laws 1999, + }
{ - of this 1999 Act - } to any other local, state or federal
agency, if the local, state or federal agency has agreed to
maintain the confidentiality of any information that is required
to be treated as confidential under this { - subsection - }
{ + section + }, unless the public interest by clear and
convincing evidence requires disclosure in the particular
instance; and
' (c) To release information obtained exclusively under
sections 2 to 9 { + , chapter 1059, Oregon Laws 1999, + }
{ - of this 1999 Act - } to a health or environmental
researcher acting in an official capacity from an accredited
university or accepted research institute who agrees to maintain
the confidentiality of any information that is required to be
treated as confidential under this { - subsection - } { +
section + }.
' { + SECTION 3. + } ORS 192.502 is amended to read:
' 192.502. The following public records are exempt from
disclosure under ORS 192.410 to 192.505:
' (1) 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 shall
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.
' (2) Information of a personal nature such as but not limited
to that kept in a personal, medical or similar file, if the
public disclosure thereof would constitute an unreasonable
invasion of privacy, unless the public interest by clear and
convincing evidence requires disclosure in the particular
instance. The party seeking disclosure shall have the burden of
showing that public disclosure would not constitute an
unreasonable invasion of privacy.
' (3)(a) Public body employee or volunteer addresses, 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 does not apply:
' (A) To such employees or volunteers if they 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) To such 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; or
' (C) 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.
' (b) Nothing in this subsection exempting employee records
from disclosure relieves a public employer of any duty under ORS
243.650 to 243.782.
' (4) 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.
' (5) Information or records of the Department of Corrections,
including the State Board of Parole and Post-Prison Supervision,
to the extent that disclosure thereof 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.
' (6) 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.
' (7) Reports made to or filed with the court under ORS 137.077
or 137.530.
' (8) Any public records or information the disclosure of which
is prohibited by federal law or regulations.
' (9) Public records or information the disclosure of which is
prohibited or restricted or otherwise made confidential or
privileged under Oregon law.
' (10) Public records or information described in this section,
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.
' (11) Records of the Energy Facility Siting Council concerning
the review or approval of security programs pursuant to ORS
469.530.
' (12) 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 chapter 238 and ORS 238.410.
' (13) Records submitted by private persons or businesses to
the State Treasurer or the Oregon Investment Council relating to
proposed acquisition, exchange or liquidation of public
investments under ORS chapter 293 may be treated as exempt from
disclosure when and only to the extent that disclosure of such
records reasonably may be expected to substantially limit the
ability of the Oregon Investment Council to effectively compete
or negotiate for, solicit or conclude such transactions. Records
which relate to concluded transactions are not subject to this
exemption.
' (14) 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.
' (15) Reports of unclaimed property filed by the holders of
such property to the extent permitted by ORS 98.352.
' (16) The following records, communications and information
submitted to the Oregon Economic and Community Development
Commission, the Economic and Community Development Department,
the State Department of Agriculture, the Oregon Resource and
Technology Development Account or the Oregon Resource and
Technology Development 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:
' (a) Personal financial statements.
' (b) Financial statements of applicants.
' (c) Customer lists.
' (d) 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; this
exemption does not apply to litigation which has been concluded,
and nothing in this paragraph shall limit any right or
opportunity granted by discovery or deposition statutes to a
party to litigation or potential litigation.
' (e) Production, sales and cost data.
' (f) Marketing strategy information that relates to
applicant's plan to address specific markets and applicant's
strategy regarding specific competitors.
' (17) 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 it 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 which would permit identification of the individual
concern or enterprise. Nothing in this subsection shall limit the
use which can be made of such information for regulatory purposes
or its admissibility 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.
' (18) All information supplied by a person under ORS 151.430
to 151.491 for the purpose of requesting court-appointed counsel,
and all information supplied to the State Court Administrator
from whatever source for the purpose of verifying indigency of a
person pursuant to ORS 151.430 to 151.491.
' (19) 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.
' (20) Sensitive business records or financial or commercial
information of the Oregon Health Sciences University that is not
customarily provided to business competitors.
' (21) Records of Oregon Health Sciences University regarding
candidates for the position of president of the university.
' (22) The records of a library, including circulation records,
showing use of specific library material by a named person or
consisting of the name of a library patron together with the
address or telephone number, or both, of the patron.
' (23) The following records, communications and information
submitted to the Housing and Community Services Department 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.
' (L) Housing assistance payment requests.
' (24) 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 is not otherwise required by law to be
submitted.
' (25) 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 subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
' (26) Sensitive business, commercial or financial information
furnished to or developed by the City of Klamath Falls, acting
solely in connection with the ownership and operation of the
Klamath Cogeneration Project, if the information is directly
related to a transaction described in ORS 225.085 and disclosure
of the information would cause a competitive disadvantage for the
Klamath Cogeneration Project. This subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
' (27) Personally identifiable information about customers of a
municipal electric utility or a people's utility district. The
utility or district may, however, release such information to a
third party if the customer consents in writing or
electronically, if the disclosure is necessary to render utility
or district services to the customer, or if the disclosure is
required pursuant to a court order. The utility or district may
charge as appropriate for the costs of providing such
information. The utility or district 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.
' (28) 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.
' { - (29) Except under the provisions of section 8 (2),
chapter 1059, Oregon Laws 1999, pesticide sales or use reporting
data obtained by the State Department of Agriculture exclusively
under the provisions of sections 2 to 9, chapter 1059, Oregon
Laws 1999, that would reveal the identity or specific location of
the owner or lessee of a specific property where a pesticide has
been applied for a private agriculture or forestry production
operation, or other nonpublic facility on private property.
Nothing in this subsection shall limit the use that may be made
of such information for regulatory purposes or its admissibility
in any enforcement proceedings. - }
' { - (30) - } { + (29) + } Sensitive business records,
capital development plans or financial or commercial information
of Oregon Corrections Enterprises that is not customarily
provided to business competitors.
' { + SECTION 4. + } { + The amendments to section 8,
chapter 1059, Oregon Laws 1999, by section 2 of this 2001 Act
apply to data obtained by the State Department of Agriculture on
or after the effective date of this 2001 Act. + } ' .
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