71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 3968
LC 4172/HB 3968-4
HOUSE AMENDMENTS TO
HOUSE BILL 3968
By COMMITTEE ON ADVANCING E-GOVERNMENT
June 14
On page 1 of the printed bill, line 2, after 'ORS' delete the
rest of the line and line 3 and insert '65.957, 192.502, 293.701,
293.731, 293.761, 348.701, 348.702, 348.703 and 348.707;
repealing ORS 284.610, 284.630, 284.640, 284.650, 284.655,
284.665, 284.675 and 284.705; appropriating money; and declaring
an emergency.'.
Delete lines 5 through 23 and delete pages 2 through 8 and
insert:
' { + SECTION 1. + } ORS 348.701, as amended by section 1,
chapter 52, Oregon Laws 2001 (Enrolled House Bill 2119), is
amended to read:
' 348.701. As used in ORS 348.701 to 348.710:
' { - (1) 'Affordable housing' means housing for Oregonians
that is priced at or below 80 percent of the median gross
household income level statewide and where the cost of that
housing comprises not more than 30 percent of the gross income of
a household. - }
' { - (2) - } { + (1) + } 'Board' means the Oregon Growth
Account Board established in ORS 348.707.
' { - (3) - } { + (2) + } 'Emerging growth business' means a
new or small company that has the capacity, upon obtaining
appropriate capital, to generate significant high skill, high
wage employment within one or more of the key industries,
including those described in ORS 285B.280 { - , and affordable
housing - } .
' { - (4) - } { + (3) + } 'Management company' includes a
person, limited partnership, partnership, corporation or other
investment company.
' { + (4) 'Seed capital' means financing that is provided for
the initial phases of development, refinement and
commercialization of a product, process or innovation, including
but not limited to facilitating technology transfers related to
academic research, discoveries or developments for the purpose of
commercialization of a product, process or innovation. + }
' { + SECTION 2. + } ORS 348.702 is amended to read:
' 348.702. (1) There is created within the Education Endowment
Fund the Oregon Growth Account, to which shall be credited 10
percent of the funds transferred under section 4, Article XV,
Oregon Constitution, from the Administrative Services Economic
Development Fund to the Education Endowment Fund. Separate
records shall be maintained for moneys in the Oregon Growth
Account that are available for the purposes specified in
subsection (2) of this section. The account may be credited with
such unrestricted appropriations, gifts, donations, grants or
contract proceeds from any source, with investments or funds from
any source, and with returns on investments made from the
account.
' (2) The purpose of the Oregon Growth Account is to earn
returns for the Education Endowment Fund by making investments in
{ + or to provide seed capital for + } emerging growth
businesses in key industries { - , including affordable housing,
in Oregon - } .
' (3) The investment of funds in the Oregon Growth Account
shall be governed by the Oregon Growth Account Board.
' { + SECTION 3. + } ORS 348.703, as amended by section 2,
chapter 52, Oregon Laws 2001 (Enrolled House Bill 2119), is
amended to read:
' 348.703. (1) The Oregon Growth Account Board shall contract
with one or more management companies to manage and invest the
moneys in the Oregon Growth Account. For purposes of this
subsection, a contract with a management company may consist of a
partnership agreement under which the Oregon Growth Account Board
is the limited partner and the management company is the general
partner.
' (2) { - Notwithstanding ORS 293.726, - } { + The
provisions of ORS 293.726 do not apply to those assets of the
Education Endowment Fund that are held in the Oregon Growth
Account. The limitations of ORS 293.726 (6) shall be calculated
based only on the balance of the Education Endowment Fund that
does not include the Oregon Growth Account.
' (3) + }A management company selected to manage the Oregon
Growth Account shall manage the moneys in the account, subject to
investment policies established by the State Treasurer and the
investment directives or strategies of the Oregon Growth Account
Board, with the care, skill and diligence that a prudent investor
acting in a similar capacity and familiar with such investments
would use in managing and investing a similar account. The
management company shall invest in Oregon an amount that is at
least equal to the amount of the principal transferred from the
Oregon Growth Account to the management company for investment.
' { - (3) - } { + (4) + } The contract between the board and
a management company to manage the Oregon Growth Account and the
functions performed under the contract are not subject to the
State Personnel Relations Law or ORS chapter 279.
' { - (4) - } { + (5) + } Notwithstanding ORS 348.702 (2), a
management company selected to manage the Oregon Growth Account
may maintain a portion of the moneys allocated to the account
under ORS 348.702 (1) in short-term securities in investments
other than those specified in ORS 348.702 (2) during such times
as a management company is seeking investments that meet the
requirements of ORS 348.702 (2).
' { - (5) - } { + (6) + } The State Treasurer shall annually
submit a report to the Governor and to the Legislative Assembly
on the investment of moneys in the Oregon Growth Account. The
report required by this subsection shall include a summary of the
amount of money invested by industrial sector or business
classification, by region of this state, by size of investment
and by type of investment.
' { - (6) - } { + (7) + } The State Treasurer shall provide
to other state agencies any reports on the investment of moneys
in the Oregon Growth Account that are necessary to fulfill audit,
financial, investment or other reporting requirements to which
the Education Endowment Fund is subject by law or standard
accounting principles.
' { - (7) - } { + (8) + } The office of the State Treasurer
shall provide staff to the board.
' { - (8) - } { + (9) + } There is continuously appropriated
to the board from the Oregon Growth Account those amounts
necessary to meet the expenses of the board and the State
Treasurer in carrying out the operations of the Oregon Growth
Account and the duties of the board and the State Treasurer. The
cost to the office of the State Treasurer of providing staff to
the board shall be deducted from those amounts paid to the State
Treasurer pursuant to ORS 293.718 as reimbursement for expenses
incurred as investment officer for the Education Endowment Fund.
' { - (9) - } { + (10) + } The board may enter into
contracts for the provision of investment advice or other
services that the board deems reasonable and necessary to fulfill
the duties of the board. The State Treasurer may enter into
contracts for the provision of investment advice or other
services that the State Treasurer deems reasonable and necessary
to fulfill the duties of the State Treasurer with respect to the
Oregon Growth Account. Such contracts are not subject to the
State Personnel Relations Law or ORS chapter 279.
' { + SECTION 4. + } ORS 348.707, as amended by section 3,
chapter 52, Oregon Laws 2001 (Enrolled House Bill 2119), is
amended to read:
' 348.707. (1) There is established an Oregon Growth Account
Board consisting of:
' (a) The State Treasurer or the treasurer's designated
representative { + , who shall be the chairperson of the
board + }.
' (b) { - Two - } { + Three + } members appointed by the
Governor { + from a list of candidates recommended by the State
Treasurer + } who are qualified by training and experience in the
field of venture capital and emerging growth businesses in
Oregon.
' (c) { - One member - } { + Three members from the general
public + } appointed by the Governor from a list of candidates
recommended by the { + State Treasurer + } { - Oregon Economic
and Community Development Commission established by ORS
285A.040 - } .
' { - (d) One member appointed by the Governor from a list of
candidates recommended by the State Housing Council established
by ORS 456.567. - }
' (2) The term of office of each board member appointed by the
Governor is three years. However, each member { + , except the
State Treasurer or the treasurer's designated representative, + }
shall serve at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor. A member is eligible for reappointment. If there is a
vacancy for any cause, the Governor shall make an appointment to
become immediately effective for the unexpired term.
' (3) A member of the board may receive reimbursement of
expenses under ORS 292.495 (2), but shall not receive
compensation under ORS 292.495 (1) or otherwise for participation
as a board member.
' { + (4) The State Treasurer may establish investment
policies for the Oregon Growth Account. The investment policies
may include, but are not limited to:
' (a) The reinvestment of the principal of the account after an
original investment;
' (b) The reinvestment of returns from an original investment;
' (c) The retention of amounts for unfunded commitments owed to
a management company;
' (d) The determination of when and how earnings are calculated
and declared available from the account on behalf of the
Education Endowment Fund; and
' (e) Other policies that the State Treasurer determines may
increase the total earnings of the account over time. + }
' { - (4) - } { + (5) Subject to investment policies
established for moneys in the account by the State Treasurer,
+ }the board shall have authority to approve or direct specific
investments or strategies for the investment of moneys in the
Oregon Growth Account { - , subject to investment policies
established for moneys in the account by the State Treasurer,
and - } { + and to make investments directly, without the use
of a management company, in any form or manner that would be
lawful for a private corporation having similar intent. In
addition, the board may:
' (a) Acquire, own, hold, dispose of and encumber real or
personal property of any nature, both tangible and intangible, or
any interest in property, and exercise or acquire any rights in
property necessary or desirable to protect or secure any
investments in which the account has an interest;
' (b) Trade, buy or sell securities;
' (c) Own, possess, take license in and grant license to
patents, copyrights, proprietary processes and other intellectual
property, and negotiate and enter into contracts and establish
charges for the use of such patents, copyrights, proprietary
processes and other intellectual property; and
' (d) Exercise any other powers necessary or desirable for the
operation and functioning of the account within the purposes
authorized in ORS 348.702.
' (6) When performing the board's duties, + }the board shall
exercise the care, skill and diligence that a prudent investor
acting in a similar capacity and familiar with such investments
would use in managing and investing a similar account. { - The
investment policies of the State Treasurer may include, but are
not limited to: - }
' { - (a) The reinvestment of the principal of the account
after an original investment; - }
' { - (b) The reinvestment of returns from an original
investment; - }
' { - (c) The retention of amounts for unfunded commitments
owed to a management company; - }
' { - (d) The determination of when and how earnings are
calculated and declared available from the account on behalf of
the Education Endowment Fund; and - }
' { - (e) Other policies that the State Treasurer determines
may increase the total earnings of the account over time. - }
' { - (5) - } { + (7) + } The State Treasurer shall report
on the development of the policies described in subsection (4) of
this section to the legislative interim committees on trade and
economic development and government finance and tax policy.
' { + SECTION 5. + } { + Notwithstanding the amendments to
ORS 348.707 by section 4 of this 2001 Act, the members of the
Oregon Growth Account Board serving on the board on the effective
date of this 2001 Act shall continue to serve for the remainder
of their terms. The State Treasurer shall designate which of the
members serving on the board on the effective date of this 2001
Act are intended to meet the requirements of ORS 348.707 (1)(b)
and (c), as amended by section 4 of this 2001 Act. + }
' { + SECTION 6. + } { + Sections 7 and 8 of this 2001 Act
are added to and made a part of ORS 348.701 to 348.710. + }
' { + SECTION 7. + } { + (1) There is created within the
Oregon Growth Account the Oregon Resource and Technology
Development Subaccount. Separate records shall be maintained for
moneys in the subaccount. Subject to investment policies
established by the State Treasurer and investment directives or
strategies of the Oregon Growth Account Board, moneys in the
subaccount shall be used to make seed capital investments in
emerging growth businesses in key industries in Oregon.
' (2) The board may allocate such amounts from the subaccount
as the board determines appropriate for seed capital
investments. + }
' { + SECTION 8. + } { + The Oregon Growth Account Board may
allocate to, withdraw from or transfer from the Oregon Resource
and Technology Development Subaccount and the balance of the
Oregon Growth Account such moneys, investments, returns or other
assets or amounts the board determines necessary or desirable to
further the purpose set forth in ORS 348.702. + }
' { + SECTION 9. + } { + Notwithstanding sections 7 (2) and
8 of this 2001 Act, the Oregon Growth Account Board shall
allocate to the Oregon Resource and Technology Development
Subaccount:
' (1) Those assets transferred on the effective date of this
2001 Act from the Oregon Resource and Technology Development
Account under section 17 of this 2001 Act; and
' (2) For the 2002-2003 fiscal year, the first $4 million of
the funds credited to the Oregon Growth Account under ORS 348.702
(1) from the funds transferred under section 4, Article XV,
Oregon Constitution, from the Administrative Services Economic
Development Fund to the Education Endowment Fund. + }
' { + SECTION 10. + } { + In addition to and not in lieu of
any other appropriation, there is appropriated to the State
Treasurer, for the biennium beginning July 1, 2001, out of the
General Fund, the amount of $1, for the Oregon Resource and
Technology Development Subaccount. + }
' { + SECTION 11. + } ORS 65.957 is amended to read:
' 65.957. (1) This chapter applies to all domestic corporations
in existence on October 3, 1989, that were incorporated under any
general statute of this state providing for incorporation of
nonprofit corporations if power to amend or repeal the statute
under which the corporation was incorporated was reserved.
' (2) Without limitation as to any other corporations which may
be outside the scope of subsection (1) of this section, this
chapter does not apply to the following:
' (a) The Oregon State Bar and the Oregon State Bar
Professional Liability Fund created under ORS 9.005 to 9.755;
' { - (b) The Oregon Resource and Technology Development
Account and the Oregon Resource and Technology Development
Account Board created under ORS chapter 284; - }
' { - (c) - } { + (b) + } The State Accident Insurance Fund
Corporation created under ORS chapter 656;
' { - (d) - } { + (c) + } The Oregon Insurance Guaranty
Association and the Oregon Life and Health Insurance Guaranty
Association created under ORS chapter 734; and
' { - (e) - } { + (d) + } The Oregon FAIR Plan Association
and the Oregon Medical Insurance Pool created under ORS chapter
735.
' (3) A public benefit corporation that has less than three
directors on October 3, 1989, shall comply with ORS 65.307 (1) by
October 3, 1990.
' { + SECTION 12. + } 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 - } { + 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:
' (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) Sensitive business records, capital development plans or
financial or commercial information of Oregon Corrections
Enterprises that is not customarily provided to business
competitors.
' { + SECTION 13. + } ORS 192.502, as amended by section 16,
chapter 1059, Oregon Laws 1999, 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 - } { + 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:
' (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) Sensitive business records, capital development plans or
financial or commercial information of Oregon Corrections
Enterprises that is not customarily provided to business
competitors.
' { + SECTION 14. + } ORS 293.701, as amended by section 67,
chapter 1078, Oregon Laws 1999, is amended to read:
' 293.701. As used in ORS 293.701 to 293.820, unless the
context requires otherwise:
' (1) 'Council' means the Oregon Investment Council.
' (2) 'Investment funds' means:
' (a) Public Employees Retirement Fund referred to in ORS
238.660;
' (b) Industrial Accident Fund referred to in ORS 656.632;
' (c) Consumer and Business Services Fund referred to in ORS
705.145;
' (d) Employment Department Special Administrative Fund
referred to in ORS 657.822;
' (e) Insurance Fund referred to in ORS 278.425;
' (f) Funds under the control and administration of the
Division of State Lands;
' (g) Oregon Student Assistance Fund referred to in ORS
348.570;
' (h) Moneys made available to the Commission for the Blind
under ORS 346.270 and 346.540 or rules adopted thereunder;
' (i) Forest rehabilitation bonds sinking fund referred to in
ORS 530.280;
' (j) Oregon War Veterans' Fund referred to in ORS 407.495;
' (k) Oregon War Veterans' Bond Sinking Account referred to in
ORS 407.515;
' (L) World War II Veterans' Compensation Fund;
' (m) World War II Veterans' Bond Sinking Fund;
' (n) Savings and loan association funds in the hands of the
Director of the Department of Consumer and Business Services;
' (o) Funds in the hands of the State Treasurer that are not
required to meet current demands;
' (p) State funds that are not subject to the control and
administration of officers or bodies specifically designated by
law;
' (q) Funds derived from the sale of state bonds;
' (r) Social Security Revolving Account referred to in ORS
237.490;
' (s) Investment funds of the State Board of Higher Education
lawfully available for investment or reinvestment;
' (t) Local Government Employer Benefit Trust Fund referred to
in ORS 657.513;
' (u) Elderly and Disabled Special Transportation Fund
established by ORS 391.800;
' { - (v) Oregon Resource and Technology Development Account
established by ORS 284.630; - }
' { - (w) - } { + (v) + } Education Endowment Fund
established by ORS 348.696; and
' { - (x) - } { + (w) + } Deferred Compensation Fund
established under ORS 243.411.
' (3) 'Investment officer' means the State Treasurer in the
capacity as investment officer for the council.
' { + SECTION 15. + } ORS 293.731 is amended to read:
' 293.731. Subject to the objective set forth in ORS 293.721
and the standards set forth in ORS 293.726, the Oregon Investment
Council shall formulate policies for the investment and
reinvestment of moneys in the investment funds and the
acquisition, retention, management and disposition of investments
of the investment funds. The council, from time to time, shall
review those policies and make changes therein as it considers
necessary or desirable. The council may formulate separate
policies for any fund included in the investment funds. This
section does not apply to the { - Oregon Resource and
Technology Development Account, to the Oregon Resource and
Technology Development Account Board, to the - } Oregon Growth
Account or to the Oregon Growth Account Board.
' { + SECTION 16. + } ORS 293.761 is amended to read:
' 293.761. The investment officer shall report quarterly to the
officer or body having control and administration of each fund
included in the investment funds the changes in investments made
during the preceding month for the fund. If requested by the
officer or body, the investment officer shall furnish to the
officer or body the details on the investment transactions for
any fund. The investment officer shall separately identify
investments held in the Oregon Growth Account established in ORS
348.702 and the Oregon Resource and Technology Development
{ - Account - } { + Subaccount + } established in { - ORS
284.655 - } { + section 7 of this 2001 Act + } as part of the
report on the Education Endowment Fund required by this section.
' { + SECTION 17. + } { + (1) On the effective date of this
2001 Act, the Oregon Resource and Technology Development Account
is abolished.
' (2) On the effective date of this 2001 Act, all assets of the
Oregon Resource and Technology Development Account established
under ORS 284.655 (1999 Edition) are transferred to the Oregon
Resource and Technology Development Subaccount established under
section 7 of this 2001 Act. + }
' { + SECTION 18. + } { + (1) On the effective date of this
2001 Act, the Oregon Resource and Technology Development Account
Board is abolished.
' (2) On the effective date of this 2001 Act, the duties,
functions and powers of the Oregon Resource and Technology
Development Account Board are transferred and assigned to the
Oregon Growth Account Board to perform such duties in accordance
with ORS 348.707, as amended by section 4 of this 2001 Act. + }
' { + SECTION 19. + } { + Any proceeding, action,
prosecution or other business or matter undertaken or commenced
before the effective date of this 2001 Act by the Oregon Resource
and Technology Development Account Board that is still pending on
the effective date of this 2001 Act may be conducted and
completed by the Oregon Growth Account Board in the same manner,
under the same terms and conditions and with the same effect as
though undertaken, conducted or completed by the Oregon Resource
and Technology Development Account Board before the transfer.
However, any expenses, amounts payable or other obligations of
the Oregon Resource and Technology Development Account or its
board that are due and payable or pending on the effective date
of this 2001 Act shall be payable only from those amounts
allocated to the Oregon Resource and Technology Development
Subaccount. The balance of the Oregon Growth Account may not be
used to pay for such expenses, amounts payable or other
obligations unless the Oregon Growth Account Board determines
that there will be moneys generated by the assets held in the
subaccount, or transferred to the subaccount from sources other
than the balance of the Oregon Growth Account, sufficient to
reimburse the balance of the Oregon Growth Account for any
amounts expended for payment of such expenses, amounts payable or
other obligations of the Oregon Resource and Technology
Development Account or the Oregon Resource and Technology
Development Account Board. + }
' { + SECTION 20. + } { + The Oregon Resource and Technology
Development Subaccount is considered to be a continuation of the
Oregon Resource and Technology Development Account and the Oregon
Growth Account Board is considered to be a continuation of the
Oregon Resource and Technology Development Account Board with
respect to the duties, functions and powers of the Oregon
Resource and Technology Development Account and its board, and
not new authorities, for the purpose of succession to all assets,
rights and obligations of the Oregon Resource and Technology
Development Account and its board. + }
' { + SECTION 21. + } { + Whenever, in any law or resolution
of the Legislative Assembly or in any rule, document or
proceeding authorized thereby, reference is made to the 'Oregon
Resource and Technology Development Account' and the 'Oregon
Resource and Technology Development Account Board,' such
reference is considered to describe, respectively, the 'Oregon
Resource and Technology Development Subaccount' and the 'Oregon
Growth Account Board.' + }
' { + SECTION 22. + } { + (1) For the purpose of harmonizing
and clarifying statute sections published in Oregon Revised
Statutes, the Legislative Counsel may substitute for words
designating the ' Oregon Resource and Technology Development
Account Board, ' wherever they occur in Oregon Revised Statutes,
other words designating the 'Oregon Growth Account Board. '
' (2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the 'Oregon Resource
and Technology Development Account,' wherever they occur in
Oregon Revised Statutes, other words designating the 'Oregon
Resource and Technology Development Subaccount.' + }
' { + SECTION 23. + } { + ORS 284.610, 284.630, 284.640,
284.650, 284.655, 284.665, 284.675 and 284.705 are repealed. + }
' { + SECTION 24. + } { + This 2001 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2001 Act
takes effect July 1, 2001. + } ' .
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