Chapter 803 Oregon Laws 2003

 

AN ACT

 

HB 2318

 

Relating to records; creating new provisions; amending ORS 10.215, 94.616, 94.670, 100.210, 100.480, 192.072, 192.105, 192.250, 192.501, 192.502, 192.515, 192.517, 192.550, 192.650, 192.685, 247.973, 291.263, 414.395 and 802.260 and sections 2, 3 and 6, chapter 290, Oregon Laws 2003 (Enrolled House Bill 2103); and declaring an emergency.

 

Be It Enacted by the People of the State of Oregon:

 

          SECTION 1. (1) A person doing business as a consignment store, a buy-sell store, a secondhand store or a similar store or enterprise that in the regular course of business buys used goods from individuals for the purpose of resale shall:

          (a) Require that the individual from whom the person buys the used goods present proof of identification; and

          (b) Maintain a record of the name and address of the individual, the type of identification provided by the individual, the date and a description of the goods bought from the individual.

          (2) The person shall make all records required to be maintained by subsection (1) of this section available to law enforcement personnel conducting an investigation.

          (3) This section does not apply to pawnbrokers licensed under ORS 726.080.

          (4) This section does not preempt, invalidate or in any way affect the operation of any provision of a county, city or district ordinance regulating the activities of consignment stores, buy-sell stores, secondhand stores or similar stores or enterprises that in the regular course of business buy used goods from individuals for the purpose of resale.

 

          SECTION 2. A person that violates section 1 of this 2003 Act commits a Class B violation.

 

          SECTION 3. ORS 192.072 is amended to read:

          192.072. [(1) As used in this section:]

          [(a) “Political subdivision” includes a city, county, district and any other municipal or public corporation in Oregon.]

          [(b) “State agency” includes any state officer, department, board, commission or court, the Legislative Assembly, its committees, officers and employees.]

          [(2)] Upon the request of a [state agency or political subdivision] public body as defined by ORS 174.109, the State Archivist may perform microfilm services for the [state agency or political subdivision] public body. The public body shall pay the cost of rendering the microfilm services [shall be paid] to the State Archivist [by the state agency or political subdivision]. The State Archivist shall deposit moneys received under this section [shall be deposited] with the State Treasurer, who shall give a receipt [therefor] for the moneys. All [such] moneys deposited under this section are continuously appropriated for the payment of expenses incurred by the Secretary of State in the administration of the office of the State Archivist.

 

          SECTION 4. ORS 192.250 is amended to read:

          192.250. The Director of the Oregon Department of Administrative Services shall report to the Legislative Assembly by appearing at least once during each biennium before the appropriate interim committees designated by the Speaker of the House of Representatives and the President of the Senate. The director shall testify as to the effectiveness of ORS 171.206, 192.230 to 192.250 and 292.956, including any cost savings realized or projected and any recommendations for further legislative action.

 

          SECTION 5. 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, 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 does not apply:

          (A) To [such] the addresses, dates of birth and telephone numbers of employees or volunteers [if they] 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) 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 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 and Science University that is not customarily provided to business competitors.

          (21) Records of Oregon Health and Science 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] obtained by the Housing and Community Services Department [by applicants for and recipients of loans, grants and tax credits] 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 [requested to be confidential].

          (k) [Tenant files relating to certification] Personal information about a tenant.

          (L) Housing assistance [payment requests] payments.

          (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.

          (30) 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 646.380 to 646.396, 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, 722, 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.

          (31) A county elections security plan developed and filed under ORS 254.074.

 

          SECTION 6. ORS 192.502, as amended by sections 80 and 81, chapter 962, Oregon Laws 2001, 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, 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 does not apply:

          (A) To [such] the addresses, dates of birth and telephone numbers of employees or volunteers [if they] 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) 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 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 151.485 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.

          (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 and Science University that is not customarily provided to business competitors.

          (21) Records of Oregon Health and Science 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] obtained by the Housing and Community Services Department [by applicants for and recipients of loans, grants and tax credits] 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 [requested to be confidential].

          (k) [Tenant files relating to certification] Personal information about a tenant.

          (L) Housing assistance [payment requests] payments.

          (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.

          (30) 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 646.380 to 646.396, 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, 722, 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.

          (31) A county elections security plan developed and filed under ORS 254.074.

 

          SECTION 7. ORS 192.515 is amended to read:

          192.515. As used in ORS 179.505, 192.515 and 192.517:

          (1) “Facilities” includes, but is not limited to, hospitals, nursing homes, facilities defined in ORS 430.205, board and care homes, homeless shelters, juvenile training schools, youth care centers, juvenile detention centers, jails and prisons.

          (2) “Individual” means:

          (a) A person with a developmental disability as defined in the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. [6001] 15002) as in effect on January 1, 2003; or

          (b) An individual with mental illness as defined in the Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10802) as in effect on January 1, 2003.

          (3) “Other legal representative” means a person, other than a legal guardian, who has been granted or retains legal authority to exercise an individual’s power to permit access to the individual’s records.

          (4) “Records” includes, but is not limited to, reports prepared or received by any staff of a facility rendering care or treatment, any medical examiner’s report, autopsy report or laboratory test report ordered by a medical examiner, reports prepared by an agency or staff person charged with investigating reports of incidents of abuse, neglect, injury or death occurring at the facility that describe such incidents and the steps taken to investigate the incidents and discharge planning records or any information to which the individual would be entitled access, if capable.

 

          SECTION 8. ORS 192.517, as amended by section 93, chapter 14, Oregon Laws 2003 (Enrolled Senate Bill 81), is amended to read:

          192.517. (1) The system designated to protect and advocate the rights of individuals with developmental disabilities under 42 U.S.C.A. 15041 et seq. as in effect on January 1, 2003, and the rights of individuals with mental illness under 42 U.S.C. 10801 et seq. as in effect on January 1, 2003, shall have access to all records of:

          (a) Any individual who is a client of the system if the individual or the legal guardian or other legal representative of the individual has authorized the system to have such access;

          (b) Any individual, including an individual who has died or whose whereabouts are unknown:

          (A) If the individual by reason of the individual’s mental or physical condition or age is unable to authorize such access;

          (B) If the individual does not have a legal guardian or other legal representative, or the state is the legal guardian of the individual; and

          (C) If a complaint regarding the rights or safety of the individual has been received by the system or if, as a result of monitoring or other activities which result from a complaint or other evidence, there is probable cause to believe that the individual has been subject to abuse or neglect; and

          (c) Any individual who has a legal guardian or other legal representative, who is the subject of a complaint of abuse or neglect received by the system, or whose health and safety is believed with probable cause to be in serious and immediate jeopardy if the legal guardian or other legal representative:

          (A) Has been contacted by the system upon receipt of the name and address of the legal guardian or other legal representative;

          (B) Has been offered assistance by the system to resolve the situation; and

          (C) Has failed or refused to act on behalf of the individual.

          (2) The system shall have access to the name, address and telephone number of any legal guardian or other legal representative of an individual.

          (3) The system that obtains access to records under this section shall maintain the confidentiality of the records to the same extent as is required of the provider of the services, except as provided under the Protection and Advocacy for Mentally Ill Individuals Act (42 U.S.C. 10806) as in effect on January 1, 2003.

          (4) The system shall have reasonable access to facilities, including the residents and staff of the facilities.

          (5) This section is not intended to limit or overrule the provisions of ORS 41.675 or 441.055 (9).

 

          SECTION 9. ORS 192.550 is amended to read:

          192.550. As used in ORS 192.550 to 192.595:

          (1) “Customer” means any person, partnership, limited partnership, corporation, trust or other legal entity, who or which is transacting or has transacted business with a financial institution, or who or which is using or has used the services of such an institution, or for whom or which a financial institution has acted or is acting as a fiduciary.

          (2) “Financial institution” has the meaning given that term in ORS 706.008.

          (3) “Financial records” means any original written document, any copy thereof, or any information contained therein, held by or in the custody of a financial institution, when the document, copy or information is identifiable as pertaining to one or more customers of such an institution.

          (4) “Local agency” means every county, city, school district, municipal organization, district, political subdivision; or any board, commission or agency thereof; or any other local public agency; and every officer, agent or employee thereof.

          [(5) “State agency” means every state office, department, division, bureau, board and commission or other state agency, including the Legislative Assembly; and every officer, agent or employee thereof.]

          [(6)] (5) “Summons or subpoena” means an administrative summons or administrative subpoena issued by any state or local agency, or a judicial subpoena or subpoena duces tecum.

 

          SECTION 10. ORS 192.105 is amended to read:

          192.105. (1) Except as otherwise provided by law, the State Archivist may grant to public officials of the state or any political subdivision[, as defined in ORS 192.072,] specific or continuing authorization for the retention or disposition of public records which are in their custody, after the records have been in existence for a specified period of time. In granting such authorization, the State Archivist shall consider the value of the public records for legal, administrative or research purposes and shall establish rules for procedure for the retention or disposition of the public records. In order to protect and preserve the private legal rights of a person who as a minor was the subject of a record relating to child abuse and foster home placement and supervision, and to retain such a record for use in any subsequent counseling required by such a person, the State Archivist shall retain all records of the Department of Human Services that relate to child abuse for:

          (a) 75 years if the abuse is substantiated; and

          (b) 30 years if the abuse is unsubstantiated.

          (2)(a) The State Archivist shall provide instructions and forms for obtaining authorization. Upon receipt of an authorization or upon the effective date of the applicable rule, a state official who has public records in custody shall destroy or otherwise dispose of those records that are older than the specified period of retention established by the authorization or rule. An official of a local government may destroy such records if such destruction is consistent with the policy of the local government. No record of accounts or financial affairs subject to audit shall be destroyed until released for destruction by the responsible auditor or representative of the auditor. If federal funds are involved, records retention requirements of the United States Government must be observed. Each state agency and political subdivision shall designate a records officer to coordinate its records management program and to serve as liaison with the State Archivist. The county records officers for the purposes of ORS 192.001, 192.050, 192.060, 192.105, 192.130, 357.825, 357.835 and 357.875 shall be those officers identified in ORS 205.110. The State Archivist shall require periodic reports from records officers about records management programs. The State Archivist may require state agency records designated as inactive by the State Archivist to be transferred to the State Records Center, pending the availability of space.

          (b) The State Archivist shall determine which parts of a public record are acceptable for admission to the State Records Center and may require the state agency or governing body to cause the unacceptable part to be removed before the record is submitted to the State Records Center.

          (3) Authorizations granted prior to January 1, 1978, by any state agency, the State Archivist, or any board of county commissioners, to state agencies, schools, school districts, soil and water conservation districts, or county officials and offices shall remain in effect until they are adopted or amended by the State Archivist.

          (4) This section does not apply to legislative records, as defined in ORS 171.410.

 

          SECTION 11. ORS 291.263 is amended to read:

          291.263. (1) As used in this section, “state agency” [has the meaning given that term in ORS 192.072] includes any state officer, department, board, commission or court, the Legislative Assembly, its committees, officers and employees.

          (2) A state agency shall inform the Oregon Department of Administrative Services of any position that has remained vacant for a continuous period of six months by including a report on the position in the estimate submitted to the department under ORS 291.242. The department may consider the vacancy in its determinations under ORS 291.244 and may reduce the amount allotted to the state agency.

 

          SECTION 12. 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 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;

          (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 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;

          (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 and Science 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;

          (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 committee established under ORS 576.810; [and]

          (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[.]; and

          (27) 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.

 

          SECTION 13. The amendments to ORS 192.501 by section 12 of this 2003 Act apply to:

          (1) Electronic mail addresses provided before, on or after the operative date of the amendments to ORS 192.501 by section 12 of this 2003 Act; and

          (2) Requests made before, on or after the operative date of the amendments to ORS 192.501 by section 12 of this 2003 Act.

 

          SECTION 14. ORS 192.650 is amended to read:

          192.650. (1) The governing body of a public body shall provide for the sound, video or digital recording or the taking of written minutes of all its meetings. Neither a full transcript nor a full recording of the meeting is required, except as otherwise provided by law, but the written minutes or recording must give a true reflection of the matters discussed at the meeting and the views of the participants. All minutes or recordings shall be available to the public within a reasonable time after the meeting, and shall include at least the following information:

          (a) All members of the governing body present;

          (b) All motions, proposals, resolutions, orders, ordinances and measures proposed and their disposition;

          (c) The results of all votes and, except for public bodies consisting of more than 25 members unless requested by a member of that body, the vote of each member by name;

          (d) The substance of any discussion on any matter; and

          (e) Subject to ORS 192.410 to 192.505 relating to public records, a reference to any document discussed at the meeting [but such reference shall not affect the status of the document under ORS 192.410 to 192.505].

          (2) Minutes of executive sessions shall be kept in accordance with subsection (1) of this section. However, the minutes of a hearing held under ORS 332.061 shall contain only the material not excluded under ORS 332.061 (2). Instead of written minutes, a record of any executive session may be kept in the form of a sound or video tape or digital recording, which need not be transcribed unless otherwise provided by law. If the disclosure of certain material is inconsistent with the purpose for which a meeting under ORS 192.660 is authorized to be held, that material may be excluded from disclosure. However, excluded materials are authorized to be examined privately by a court in any legal action and the court shall determine their admissibility.

          (3) A reference in minutes or a recording to a document discussed at a meeting of a governing body of a public body does not affect the status of the document under ORS 192.410 to 192.505.

          (4) A public body may charge a person a fee under ORS 192.440 for the preparation of a transcript from a recording.

 

          SECTION 14a. If House Bill 3328 becomes law, section 14 of this 2003 Act (amending ORS 192.650) is repealed and ORS 192.650, as amended by section 11, chapter [Vetoed], Oregon Laws 2003 (Enrolled House Bill 3328), is amended to read:

          192.650. (1) Except for executive sessions described in ORS 192.660, the governing body of a public body shall provide for the sound, video or digital recording or the taking of written minutes of all its meetings. The governing body of a public body shall provide for the [electronic] sound, video or digital recording of all executive sessions.

          (2) Except as otherwise provided by law, for meetings other than executive sessions:

          (a) Written minutes are not required to contain a full transcript of the meeting;

          (b) A sound, video or digital recording is not required to contain a full recording of the meeting; [and an electronic]

          (c) A sound, video or digital recording is not required to be transcribed[.]; and

          (d) Written minutes or sound, video or digital recordings must give a true reflection of the matters discussed at the meeting and the views of the participants.

          (3) For executive sessions:

          (a) A sound, video or digital recording is required to contain a full recording of the meeting; and

          (b) A sound, video or digital recording is not required to be transcribed unless otherwise required by law.

          (4) Except as provided in subsection [(2)] (5) of this section, all written minutes or sound, video or digital recordings of meetings shall be available to the public within a reasonable time after the meeting[. Written minutes] and shall include at least the following information:

          (a) All members of the governing body present;

          (b) All motions, proposals, resolutions, orders, ordinances and measures proposed and their disposition;

          (c) The results of all votes and, except for public bodies consisting of more than 25 members unless requested by a member of that body, the vote of each member by name;

          (d) The substance of any discussion on any matter; and

          (e) Subject to ORS 192.410 to 192.505 relating to public records, a reference to any document discussed at the meeting.

          [(2)] (5) In addition to [an electronic] a sound, video or digital recording, written minutes of executive sessions may be kept in accordance with subsection [(1)] (2) of this section. However, the written minutes of a hearing held under ORS 332.061 shall contain only the material not excluded under ORS 332.061 (2). If the disclosure of certain material is inconsistent with the purpose for which a meeting under ORS 192.660 is authorized to be held, that material may be excluded from disclosure. However, excluded materials are authorized to be examined privately by a court in any legal action and the court shall determine their admissibility.

          [(3)] (6) A reference in minutes or [an electronic] a sound, video or digital recording to a document discussed at a meeting of a governing body of a public body does not affect the status of the document under ORS 192.410 to 192.505.

          (7) A public body may charge a person a fee under ORS 192.440 for the preparation of a transcript from a sound, video or digital recording.

 

          SECTION 14b. If House Bill 3328 becomes law, ORS 192.685, as amended by section 12, chapter [Vetoed], Oregon Laws 2003 (Enrolled House Bill 3328), is amended to read:

          192.685. (1) Notwithstanding ORS 192.680, complaints of violations of ORS 192.660 alleged to have been committed by public officials may be made to the Oregon Government Standards and Practices Commission for review and investigation as provided by ORS 244.260 and for possible imposition of civil penalties as provided by ORS 244.350.

          (2) The commission may interview witnesses, may review minutes[, electronic] and sound, video and digital recordings required under ORS 192.650 and other records and may obtain and consider any other information pertaining to executive sessions of the governing body of a public body for purposes of determining whether a violation of ORS 192.660 occurred. Information related to an executive session conducted for a purpose authorized by ORS 192.660 shall be made available to the Oregon Government Standards and Practices Commission for its investigation but shall be excluded from public disclosure. At the conclusion of action under ORS 244.260, the commission shall return any minutes and the [electronic] sound, video or digital recording of the executive session to the governing body of the public body that held the executive session.

          (3) If the commission chooses not to pursue a complaint of a violation brought under subsection (1) of this section at any time before conclusion of a contested case hearing, the public official against whom the complaint was brought may be entitled to reimbursement of reasonable costs and attorney fees by the public body to which the official’s governing body has authority to make recommendations or for which the official’s governing body has authority to make decisions.

 

          SECTION 14c. If House Bill 3328 becomes law, ORS 414.395 is amended to read:

          414.395. (1) Notwithstanding ORS 192.660, the Drug Use Review Board may meet in an executive session for purposes of reviewing the prescribing or dispensing practices of individual physicians or pharmacists or to discuss drug use review data pertaining to individual physicians or pharmacists or to review profiles of individual clients. The meeting is subject to the requirements of ORS 192.650 [(2)] (5).

          (2) The board shall provide appropriate opportunity for public testimony at the regularly scheduled board meetings.

 

          SECTION 15. ORS 247.973 is amended to read:

          247.973. (1) Subject to subsection (2) of this section, an individual’s signature submitted under this chapter for purposes of registering to vote [shall be] is subject to inspection as a public record under ORS 192.410 to 192.505. The signature [shall be subject to inspection] may be inspected in the office of the county clerk.

          (2) A person [shall] may not make a copy of or provide to another person a copy of an individual’s signature submitted under this chapter for purposes of registering to vote.

          (3) Subsection (2) of this section does not apply to copies made by any elections official acting in an official capacity for purposes of administering the provisions of ORS chapters 246 to 260 or any rules adopted thereunder.

          (4) Identifying information or documents submitted by an individual for purposes of registering to vote as required under the Help America Vote Act of 2002 (P.L. 107-252) are exempt from disclosure under ORS 192.410 to 192.505.

 

          SECTION 16. The amendments to ORS 247.973 by section 15 of this 2003 Act apply to identifying information or documents submitted by an individual for voter registration purposes on or after January 1, 2003.

 

          SECTION 17. ORS 802.260 is amended to read:

          802.260. (1) In addition to any other information required or permitted by law, the records of driver licenses maintained by the Department of Transportation and the records of identification cards issued under ORS 807.400 maintained by the department shall include the name, address, date of birth and county of residence of each holder of an unexpired driver license and each holder of an unexpired identification card.

          (2) At the request of the clerk of court, as defined in ORS 10.010, for an Oregon county, or at the request of the State Court Administrator, the department shall furnish [to the clerk without charge] a copy of the records maintained for [that] a county under subsection (1) of this section. The department shall establish a fee reasonably calculated to reimburse the department for the actual costs of providing the records and shall collect the fee from the requester of the records.

          [(3) Notwithstanding any other provision of law, in establishing fees under ORS 802.230 (1) and (2), the department may include in those fees amounts necessary to defray costs of furnishing copies of records to clerks of courts without charge as provided in subsection (2) of this section.]

 

          SECTION 18. ORS 10.215 is amended to read:

          10.215. (1) The State Court Administrator shall cause to be prepared at least once each year a master jury list containing names selected at random from the source lists. The source lists are the most recent list of electors of the county, the records furnished by the Department of Transportation as provided in ORS 802.260 (2) and any other sources approved by the Chief Justice of the Supreme Court that will furnish a fair cross section of the citizens of the county. The State Court Administrator and circuit courts may use source lists obtained from private or public entities, and jury lists containing names selected from a source list, only for purposes consistent with administering the selection and summoning of persons for service as jurors, the drawing of names of jurors, and other tasks necessary to accomplish those functions. Except as specifically provided by law, the State Court Administrator and circuit courts may not disclose source lists obtained from private or public entities, and jury lists containing names selected from a source list, to any other person or public entity.

          (2) A public entity having custody, possession or control of any list that may be used as a source list for preparation of a master jury list, upon written request by the State Court Administrator, shall make its list available at any reasonable time and, except as otherwise provided in ORS 802.260, without charge to the State Court Administrator for inspection or copying. The public entity, upon written request by the State Court Administrator, shall provide a copy of its list for the date and in the form requested [without charge] to the State Court Administrator. Except as otherwise provided in ORS 802.260, the copy shall be provided without charge.

          (3) The number of names placed on a master jury list shall be sufficient to meet the projected need for grand jurors and trial jurors in the circuit court in the county, but the total number shall not be less than two percent of the population of the county according to the latest federal decennial census.

          (4) A master jury list shall contain the first name, the surname, the place of residence and, if assigned, the juror identification number of each person whose name is placed thereon.

          (5) A master jury list shall be certified by the trial court administrator and placed on file in the circuit court as soon as possible after it is prepared.

          (6) A newly filed master jury list shall be maintained separately from the previously filed master jury list. The presiding judge shall designate when a newly filed master jury list becomes effective, after which time names of persons shall not be selected from the previously filed master jury list for a term jury list. When a newly filed master jury list becomes effective, all orders, records and papers prepared in connection with the selection process based on the previously filed master jury list shall be preserved by the trial court administrator and State Court Administrator for the period prescribed by the State Court Administrator under ORS 8.125.

          (7) For the purposes of this section, “public entity” means any officer or agency of the state or of any city, county, school district or other special district in this state.

 

          SECTION 19. ORS 94.616 is amended to read:

          94.616. (1) At the meeting called under ORS 94.609, the declarant shall turn over to the homeowners association the responsibility for the administration of the planned community, and the association shall accept the administrative responsibility from the declarant.

          (2) The owners shall elect a board of directors in accordance with the bylaws of the association.

          (3) At the meeting, called under ORS 94.609, the declarant shall deliver to the association:

          (a) The original or a photocopy of the recorded declaration and copies of the bylaws and the articles of incorporation, if any, of the planned community and any supplements and amendments to the articles or bylaws;

          (b) A deed to the common property in the planned community, unless otherwise provided in the declaration;

          (c) The minute books, including all minutes, and other books and records of the association and the board of directors;

          (d) All rules and regulations adopted by the declarant;

          (e) Resignations of officers and members of the board of directors who are required to resign because of the expiration of any period of declarant control reserved pursuant to ORS 94.600;

          [(f) A report on the present financial position of the association, consisting of a balance sheet and an income and expense statement for the 12-month period or a period following the recording of the declaration, whichever period is less;]

          (f) A financial statement. The financial statement:

          (A) Must consist of a balance sheet and an income and expense statement for the preceding 12-month period or the period following the recording of the declaration, whichever period is shorter; and

          (B) Must be reviewed, in accordance with the Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants, by an independent certified public accountant licensed in the State of Oregon if the annual assessments of an association exceed $75,000;

          (g) All funds of the association and control of the funds, including all bank records;

          (h) All tangible personal property that is property of the association, and an inventory of the property;

          (i) Records of all property tax payments for the common property to be administered by the association;

          (j) Copies of any income tax returns filed by the declarant in the name of the association, and supporting records for the returns;

          (k) All bank signature cards;

          (L) The reserve account established in the name of the association under ORS 94.595;

          (m) The reserve study described in ORS 94.595, including all updates and other sources of information that serve as a basis for calculating reserves in accordance with ORS 94.595;

          (n) An operating budget for the portion of the planned community turned over to association administration and a budget for replacement and maintenance of the common property;

          (o) A copy of the following, if available:

          (A) The as-built architectural, structural, engineering, mechanical, electrical and plumbing plans;

          (B) The original specifications, indicating all subsequent material changes;

          (C) The plans for underground site service, site grading, drainage and landscaping together with cable television drawings;

          (D) Any other plans and information relevant to future repair or maintenance of the property; and

          (E) A list of the general contractor and the electrical, heating and plumbing subcontractors responsible for construction or installation of common property;

          (p) Insurance policies;

          (q) Copies of any occupancy permits issued for the planned community;

          (r) Any other permits issued by governmental bodies applicable to the planned community in force or issued within one year before the date on which the owners assume administrative responsibility;

          (s) A list of any written warranties on the common property that are in effect and the names of the contractor, subcontractor or supplier who made the installation for which the warranty is in effect;

          (t) A roster of owners and their addresses and telephone numbers, if known, as shown on the records of the declarant;

          (u) Leases of the common property and any other leases to which the association is a party;

          (v) Employment or service contracts in which the association is one of the contracting parties or service contracts in which the association or the owners have an obligation or responsibility, directly or indirectly, to pay some or all of the fee or charge of the person performing the service; and

          (w) Any other contracts to which the homeowners association is a party.

          (4) In order to facilitate an orderly transition, during the three-month period following the turnover meeting, the declarant or an informed representative shall be available to meet with the board of directors on at least three mutually acceptable dates to review the documents delivered under subsection (3) of this section.

          (5) If the declarant has complied with this section and unless the declarant has sufficient voting rights as a lot owner to control the association, the declarant is not responsible for the failure of the owners to comply with subsection (1) of this section and the declarant is relieved from further responsibility for the administration of the association, except as a lot owner.

 

          SECTION 20. ORS 94.670 is amended to read:

          94.670. (1) A homeowners association shall retain within this state the documents, information and records delivered to the association under ORS 94.616.

          (2) All assessments, including declarant subsidies, shall be deposited in a separate bank account, located within this state, in the name of the association. All expenses of the association shall be paid from the association bank account.

          (3) The association shall keep financial records sufficiently detailed for proper accounting purposes. Within 90 days after the end of the fiscal year, the board of directors shall prepare or cause to be prepared an annual financial statement consisting of a balance sheet and an income and expense statement for the preceding fiscal year and shall distribute to each owner and, upon written request, any mortgagee of a lot, a copy of the annual financial statement [consisting of a balance sheet and income and expenses statement for the preceding fiscal year].

          (4) Subject to section 24 of this 2003 Act, the association of a planned community that has annual assessments exceeding $75,000 shall cause the financial statement required under subsection (3) of this section to be reviewed within 180 days after the end of the fiscal year by an independent certified public accountant licensed in the State of Oregon in accordance with the Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants.

          (5) The association of a planned community created on or after January 1, 2004, or the association of a planned community described in ORS 94.572 that has annual assessments of $75,000 or less shall cause the most recent financial statement required by subsection (3) of this section to be reviewed in the manner described in subsection (4) of this section within 180 days after the association receives a petition requesting review signed by at least a majority of the owners.

          (6) An association subject to the requirements of subsection (4) of this section may elect, on an annual basis, not to comply with the requirements of subsection (4) of this section by an affirmative vote of at least 60 percent of the owners, not including the votes of the declarant with respect to lots owned by the declarant.

          [(4)(a)] (7)(a) The association shall provide, within 10 business days of receipt of a written request from an owner, a written statement that provides:

          (A) The amount of assessments due from the owner and unpaid at the time the request was received, including:

          (i) Regular and special assessments;

          (ii) Fines and other charges;

          (iii) Accrued interest; and

          (iv) Late payment charges.

          (B) The percentage rate at which interest accrues on assessments that are not paid when due.

          (C) The percentage rate used to calculate the charges for late payment or the amount of a fixed charge for late payment.

          (b) The association is not required to comply with paragraph (a) of this subsection if the association has commenced litigation by filing a complaint against the owner and the litigation is pending when the statement would otherwise be due.

          [(5)] (8) The association shall make the documents, information and records described in subsections (1) and (3) of this section and all other records of the association reasonably available for examination by an owner and any mortgagee of a lot. Upon the written request of an owner or mortgagee of a lot, the association shall make available during reasonable hours all such records for duplication. The documents, information and records described in subsections (1) and (3) of this section and all other records of the association shall be located within this state. The association shall maintain a copy, suitable for the purpose of duplication, of the following:

          (a) The declaration, bylaws, association rules and regulations and any amendments or supplements to them.

          (b) The most recent financial statement prepared pursuant to subsection (3) of this section.

          (c) The current operating budget of the association.

          [(6)] (9) Upon written request of a prospective purchaser, the association shall make available for examination and duplication during reasonable hours the documents and information specified in subsection [(5)] (8) of this section.

          [(7)] (10) The association may charge a reasonable fee for furnishing copies of any documents, information or records described in this section. The fee may include reasonable personnel costs for furnishing the documents, information or records.

 

          SECTION 20a. If House Bill 3385 becomes law, section 20 of this 2003 Act (amending ORS 94.670) is repealed and ORS 94.670, as amended by section 15, chapter 569, Oregon Laws 2003 (Enrolled House Bill 3385), is amended to read:

          94.670. (1) A homeowners association shall retain within this state the documents, information and records delivered to the association under ORS 94.616 and all other records of the association for not less than the period specified for the record in ORS 65.771 or any other applicable law except that:

          (a) The documents specified in ORS 94.616 (3)(o), if received, must be retained as permanent records of the association.

          (b) Proxies and ballots must be retained for one year from the date of determination of the vote.

          (2) All assessments, including declarant subsidies, shall be deposited in a separate bank account, located within this state, in the name of the association. All expenses of the association shall be paid from the association bank account.

          (3) The association shall keep financial records sufficiently detailed for proper accounting purposes. Within 90 days after the end of the fiscal year, the board of directors shall:

          (a) Prepare or cause to be prepared an annual financial statement consisting of a balance sheet and income and expenses statement for the preceding fiscal year; and

          (b) Distribute to each owner and, upon written request, any mortgagee of a lot, a copy of the annual financial statement.

          (4) Subject to section 24 of this 2003 Act, the association of a planned community that has annual assessments exceeding $75,000 shall cause the financial statement required under subsection (3) of this section to be reviewed within 180 days after the end of the fiscal year by an independent certified public accountant licensed in the State of Oregon in accordance with the Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants.

          (5) The association of a planned community created on or after January 1, 2004, or the association of a planned community described in ORS 94.572 that has annual assessments of $75,000 or less shall cause the most recent financial statement required by subsection (3) of this section to be reviewed in the manner described in subsection (4) of this section within 180 days after the association receives a petition requesting review signed by at least a majority of the owners.

          (6) An association subject to the requirements of subsection (4) of this section may elect, on an annual basis, not to comply with the requirements of subsection (4) of this section by an affirmative vote of at least 60 percent of the owners, not including the votes of the declarant with respect to lots owned by the declarant.

          [(4)(a)] (7)(a) The association shall provide, within 10 business days of receipt of a written request from an owner, a written statement that provides:

          (A) The amount of assessments due from the owner and unpaid at the time the request was received, including:

          (i) Regular and special assessments;

          (ii) Fines and other charges;

          (iii) Accrued interest; and

          (iv) Late payment charges.

          (B) The percentage rate at which interest accrues on assessments that are not paid when due.

          (C) The percentage rate used to calculate the charges for late payment or the amount of a fixed charge for late payment.

          (b) The association is not required to comply with paragraph (a) of this subsection if the association has commenced litigation by filing a complaint against the owner and the litigation is pending when the statement would otherwise be due.

          [(5)] (8) The association shall make the documents, information and records described in subsections (1) and (3) of this section and all other records of the association reasonably available for examination and, upon written request, available for duplication by an owner and any mortgagee of a lot that makes the request in good faith for a proper purpose, except that records kept by or on behalf of the association may be withheld from examination and duplication to the extent the records concern:

          (a) Personnel matters relating to a specific identified person or a person’s medical records.

          (b) Contracts, leases and other business transactions that are currently under negotiation to purchase or provide goods or services.

          (c) Communications with legal counsel that relate to matters specified in paragraphs (a) and (b) of this subsection.

          (d) Disclosure of information in violation of law.

          (e) Documents, correspondence or management or board reports compiled for or on behalf of the association or the board of directors by its agents or committees for consideration by the board of directors in executive session held in accordance with ORS 94.640 (7).

          (f) Documents, correspondence or other matters considered by the board of directors in executive session held in accordance with ORS 94.640 (7).

          (g) Files of individual owners, other than those of a requesting owner or requesting mortgagee of an individual owner, including any individual owner’s file kept by or on behalf of the association.

          [(6)] (9) The association shall maintain a copy, suitable for the purpose of duplication, of the following:

          (a) The declaration and bylaws, including amendments or supplements in effect, the recorded plat, if feasible, and the association rules and regulations currently in effect.

          (b) The most recent financial statement prepared pursuant to subsection (3) of this section.

          (c) The current operating budget of the association.

          (d) The reserve study, if any, described in ORS 94.595.

          (e) Architectural standards and guidelines, if any.

          [(7)] (10) The association, within 10 business days after receipt of a written request by an owner, shall furnish the requested information required to be maintained under subsection [(6)] (9) of this section.

          [(8)] (11) The board of directors, by resolution, may adopt reasonable rules governing the frequency, time, location, notice and manner of examination and duplication of association records and the imposition of a reasonable fee for furnishing copies of any documents, information or records described in this section. The fee may include reasonable personnel costs for furnishing the documents, information or records.

 

          SECTION 21. ORS 100.210 is amended to read:

          100.210. (1) A turnover meeting shall be called by the declarant within 90 days of the expiration of any period of declarant control reserved in the declaration or bylaws under ORS 100.200. If no control has been reserved, the declarant shall call the turnover meeting within 90 days of the earlier of:

          (a) In a single stage condominium, three years from the date of conveyance of the first unit to a person other than the declarant or conveyance of 50 percent of the units.

          (b) In a staged or flexible condominium, seven years from the date of conveyance of the first unit to a person other than the declarant or conveyance to persons other than the declarant of 50 percent of the total number of units which the declarant may submit to the provisions of this chapter under ORS 100.125 or 100.150.

          (2) The declarant shall give notice of the turnover meeting in accordance with the bylaws of the condominium to each unit owner at least 10 but not more than 50 days prior to the meeting. The notice shall state the purpose of the meeting and the time and place where it is to be held.

          (3) If the meeting required under subsection (1) of this section is not called by the declarant within the time specified, the meeting may be called and notice given by a unit owner or any first mortgagee of a unit.

          (4) At the turnover meeting:

          (a) The declarant shall relinquish control of the administration of the association of unit owners and the unit owners shall assume the control;

          (b) The unit owners shall elect a board of directors in accordance with the bylaws of the condominium; and

          (c) The declarant shall deliver to the association the items specified in subsection (5) of this section.

          (5) At the turnover meeting the declarant shall deliver to the association all property of the unit owners and the association of unit owners held or controlled by the declarant including, but not limited to, the following items, if applicable:

          (a) The original or a photocopy of the recorded declaration and bylaws of the condominium and any supplements and amendments thereto.

          (b) A copy of the articles of incorporation.

          (c) The minute books, including all minutes, and other books and records of the association.

          (d) The reserve study, updates described in ORS 100.175 and other sources of information that serve as a basis for calculating reserves in accordance with ORS 100.175 (3).

          (e) Any rules and regulations which have been promulgated.

          (f) Resignations of officers and members of the board of directors who are required to resign because of the expiration of any period of declarant control reserved under ORS 100.200.

          [(g) A report of the present financial condition of the association of unit owners. The report shall consist of a balance sheet and an income and expense statement for the preceding 12-month period or the period following the recording of the declaration, whichever period is less.]

          (g) A financial statement. The financial statement:

          (A) Must consist of a balance sheet and an income and expense statement for the preceding 12-month period or the period following the recording of the declaration, whichever period is shorter.

          (B) Must be reviewed, in accordance with the Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants, by an independent certified public accountant licensed in the State of Oregon if the annual assessments of an association of unit owners exceed $75,000.

          (h) Association funds or control thereof, including, but not limited to, funds for reserve required under ORS 100.530 (3)(b) and any bank signature cards.

          (i) All tangible personal property that is property of the association and an inventory of such property.

          (j) A copy of the following, if available:

          (A) The as-built architectural, structural, engineering, mechanical, electrical and plumbing plans.

          (B) The original specifications indicating thereon all material changes.

          (C) The plans for underground site service, site grading, drainage and landscaping together with cable television drawings.

          (D) Any other plans and information relevant to future repair or maintenance of the property.

          (k) Insurance policies.

          (L) Copies of any occupancy permits which have been issued for the condominium.

          (m) Any other permits issued by governmental bodies applicable to the condominium in force or issued within one year prior to the date the unit owners assume control of the administration of the association of unit owners.

          (n) A list of the general contractor and the subcontractors responsible for construction or installation of the major plumbing, electrical, mechanical and structural components of the common elements.

          (o) A roster of unit owners and their addresses and telephone numbers, if known, as shown on the records of the declarant.

          (p) Leases of the common elements and any other leases to which the association is a party.

          (q) Employment or service contracts in which the association is one of the contracting parties or service contracts in which the association or the unit owners have an obligation or responsibility, directly or indirectly, to pay some or all of the fee or charge of the person performing the service.

          (r) Any other contracts to which the association of unit owners is a party.

          (6) In order to facilitate an orderly transition, during the three-month period following the turnover meeting, the declarant or an informed representative shall be available to meet with the board of directors on at least three mutually acceptable dates to review the documents delivered under subsection (5) of this section.

          (7) If the declarant has complied with this section, unless the declarant otherwise has sufficient voting rights as a unit owner to control the association, the declarant shall not be responsible for the failure of the unit owners to comply with subsection (4) of this section and the declarant shall be relieved of any further responsibility for the administration of the association except as a unit owner of any unsold unit.

 

          SECTION 22. ORS 100.480 is amended to read:

          100.480. (1) The association of unit owners shall retain within this state the documents, information and records delivered to the association under ORS 100.210.

          (2) The association of unit owners shall keep financial records sufficient for proper accounting purposes. All assessments shall be deposited in a separate bank account, located within this state, in the name of the association. All expenses of the association shall be paid from the association bank account.

          (3) Within 90 days after the end of the fiscal year, the board of directors shall prepare or cause to be prepared an annual financial statement consisting of a balance sheet and an income and expense statement for the preceding fiscal year and shall distribute to each unit owner a copy of the annual financial statement [consisting of a balance sheet and income and expense statement for the preceding fiscal year].

          (4) Subject to section 26 of this 2003 Act, the association of unit owners of a condominium that has annual assessments exceeding $75,000 shall cause the financial statement required under subsection (3) of this section to be reviewed within 180 days after the end of the fiscal year by an independent certified public accountant licensed in the State of Oregon in accordance with the Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants.

          (5) The association of unit owners of a condominium that has annual assessments of $75,000 or less shall cause the most recent financial statement required by subsection (3) of this section to be reviewed in the manner described in subsection (4) of this section within 180 days after the board of directors receives the petition requesting review signed by at least a majority of the owners.

          (6) An association of unit owners subject to the requirements of subsection (4) of this section may elect, on an annual basis, not to comply with the requirements of subsection (4) of this section by an affirmative vote of at least 60 percent of the owners, not including the votes of the declarant with respect to units owned by the declarant.

          [(4)(a)] (7)(a) The association shall provide, within 10 business days of receipt of a written request from an owner, a written statement that provides:

          (A) The amount of assessments due from the owner and unpaid at the time the request was received, including:

          (i) Regular and special assessments;

          (ii) Fines and other charges;

          (iii) Accrued interest; and

          (iv) Late payment charges.

          (B) The percentage rate at which interest accrues on assessments that are not paid when due.

          (C) The percentage rate used to calculate the charges for late payment or the amount of a fixed charge for late payment.

          (b) The association is not required to comply with paragraph (a) of this subsection if the association has commenced litigation by filing a complaint against the owner and the litigation is pending when the statement would otherwise be due.

          [(5)] (8) The documents, information and records described in subsections (1) to (3) of this section and all other records of the association of unit owners shall be located within this state and shall be reasonably available for examination by a unit owner and any mortgagee of a unit. Upon the written request of an owner or mortgagee of a unit, the association shall make the documents, information and records described in subsections (1) to (3) of this section and other records available for duplication during reasonable hours. The association of unit owners shall maintain a copy, suitable for the purpose of duplication, of the following:

          (a) The declaration, bylaws, association rules and regulations and any amendments or supplements thereto;

          (b) The most recent annual financial statement prepared in accordance with subsection (3) of this section; and

          (c) The current operating budget of the association.

          [(6)] (9) Upon the written request of a prospective purchaser, the association of unit owners shall make available for examination and duplication during reasonable hours the documents and information specified in subsection [(5)] (8) of this section.

          [(7)] (10) The association of unit owners may charge a reasonable fee for furnishing copies of any documents, information or records described in this section. The fee may include reasonable personnel costs incurred to furnish the information.

          [(8)] (11) Subsection (3) of this section first applies to property submitted to the provisions of this chapter before January 1, 1982, when the board of directors of the association of unit owners receives a written request from at least one unit owner that a copy of the annual financial statement be distributed in accordance with subsection (3) of this section.

 

          SECTION 22a. If House Bill 3385 becomes law, section 22 of this 2003 Act (amending ORS 100.480) is repealed and ORS 100.480, as amended by section 38, chapter 569, Oregon Laws 2003 (Enrolled House Bill 3385), is amended to read:

          100.480. (1) An association of unit owners shall retain within this state the documents, information and records delivered to the association under ORS 100.210 and all other records of the association for not less than the period specified for the record in ORS 65.771 or any other applicable law, except that:

          (a) The documents specified in ORS 100.210 (5)(j), if received, must be retained as permanent records of the association.

          (b) Proxies and ballots must be retained for one year from the date of determination of the vote.

          (2) The association of unit owners shall keep financial records sufficient for proper accounting purposes. All assessments shall be deposited in a separate bank account, located within this state, in the name of the association. All expenses of the association shall be paid from the association bank account.

          (3) Within 90 days after the end of the fiscal year, the board of directors shall:

          (a) Prepare or cause to be prepared an annual financial statement consisting of a balance sheet and income and expenses statement for the preceding fiscal year; and

          (b) Distribute to each unit owner a copy of the annual financial statement.

          (4) Subject to section 26 of this 2003 Act, the association of unit owners of a condominium that has annual assessments exceeding $75,000 shall cause the financial statement required under subsection (3) of this section to be reviewed within 180 days after the end of the fiscal year by an independent certified public accountant licensed in the State of Oregon in accordance with the Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants.

          (5) The association of unit owners of a condominium that has annual assessments of $75,000 or less shall cause the most recent financial statement required by subsection (3) of this section to be reviewed in the manner described in subsection (4) of this section within 180 days after the board of directors receives the petition requesting review signed by at least a majority of the owners.

          (6) An association of unit owners subject to the requirements of subsection (4) of this section may elect, on an annual basis, not to comply with the requirements of subsection (4) of this section by an affirmative vote of at least 60 percent of the owners, not including the votes of the declarant with respect to units owned by the declarant.

          [(4)(a)] (7)(a) The association shall provide, within 10 business days of receipt of a written request from an owner, a written statement that provides:

          (A) The amount of assessments due from the owner and unpaid at the time the request was received, including:

          (i) Regular and special assessments;

          (ii) Fines and other charges;

          (iii) Accrued interest; and

          (iv) Late payment charges.

          (B) The percentage rate at which interest accrues on assessments that are not paid when due.

          (C) The percentage rate used to calculate the charges for late payment or the amount of a fixed charge for late payment.

          (b) The association is not required to comply with paragraph (a) of this subsection if the association has commenced litigation by filing a complaint against the owner and the litigation is pending when the statement would otherwise be due.

          [(5)(a)] (8)(a) Except as provided in paragraph (b) of this subsection, the documents, information and records described in subsections (1) to (3) of this section and all other records of the association of unit owners must be reasonably available for examination and, upon written request, available for duplication by a unit owner and any mortgagee of a unit that makes the request in good faith for a proper purpose.

          (b) Records kept by or on behalf of the association may be withheld from examination and duplication to the extent the records concern:

          (A) Personnel matters relating to a specific identified person or a person’s medical records.

          (B) Contracts, leases and other business transactions that are currently under negotiation to purchase or provide goods or services.

          (C) Communications with legal counsel that relate to matters specified in subparagraphs (A) and (B) of this paragraph.

          (D) Disclosure of information in violation of law.

          (E) Documents, correspondence or management or board reports compiled for or behalf of the association or the board of directors by its agents or committees for consideration by the board of directors in executive session held in accordance with ORS 100.420 (1).

          (F) Documents, correspondence or other matters considered by the board of directors in executive session held in accordance with ORS 100.420 (1).

          (G) Files of individual owners, other than those of a requesting owner or requesting mortgagee of an individual owner, including any individual owner’s file kept by or on behalf of the association.

          [(6)] (9) The association of unit owners shall maintain a copy, suitable for the purpose of duplication, of the following:

          (a) The declaration and bylaws, including amendments or supplements in effect, the recorded plat, if feasible, and the association rules and regulations currently in effect;

          (b) The most recent annual financial statement prepared in accordance with subsection (3) of this section;

          (c) The current operating budget of the association;

          (d) The reserve study, if any, described in ORS 100.175; and

          (e) Architectural standards and guidelines, if any.

          [(7)] (10) The association, within 10 business days after receipt of a written request by an owner, shall furnish the requested information required to be maintained under subsection [(6)] (9) of this section.

          [(8)] (11) The board of directors, by resolution, may adopt reasonable rules governing the frequency, time, location, notice and manner of examination and duplication of association records and the imposition of a reasonable fee for furnishing copies of any documents, information or records described in this section. The fee may include reasonable personnel costs incurred to furnish the information.

          [(9)] (12) Subsection (3) of this section first applies to property submitted to the provisions of this chapter before January 1, 1982, when the board of directors of the association of unit owners receives a written request from at least one unit owner that a copy of the annual financial statement be distributed in accordance with subsection (3) of this section.

 

          SECTION 23. Section 24 of this 2003 Act is added to and made a part of ORS 94.550 to 94.783.

 

          SECTION 24. The requirements of ORS 94.670 (4) first apply:

          (1) Commencing with the fiscal year following the turnover meeting required by ORS 94.616 for the association of a planned community created under ORS 94.550 to 94.783 prior to January 1, 2004, if the turnover meeting has not yet occurred on January 1, 2004.

          (2) Commencing with the fiscal year beginning in calendar year 2004 for the association of a planned community created under ORS 94.550 to 94.783 if the turnover meeting required by ORS 94.616 has occurred on or before January 1, 2004.

          (3) Commencing with the fiscal year following the turnover meeting required by ORS 94.616 for the association of a planned community created under ORS 94.550 to 94.783 on or after January 1, 2004.

          (4) Commencing with the fiscal year following the year in which owners assume responsibility for administration of a planned community described in ORS 94.572 if the owners have not assumed responsibility for administration of the planned community on January 1, 2004.

          (5) Commencing with the fiscal year beginning in calendar year 2004 for the association of a planned community described in ORS 94.572 if the owners have assumed responsibility for administration of the planned community on or before January 1, 2004.

 

          SECTION 25. Section 26 of this 2003 Act is added to and made a part of ORS chapter 100.

 

          SECTION 26. The requirements of ORS 100.480 (4) first apply:

          (1) Commencing with the fiscal year following the turnover meeting for the association of unit owners of a condominium created prior to January 1, 2004, if the turnover meeting has not yet occurred on January 1, 2004.

          (2) Commencing with the fiscal year beginning in calendar year 2004 for the association of unit owners of a condominium created prior to January 1, 2004, if the turnover meeting has occurred on or before January 1, 2004.

          (3) Commencing with the fiscal year following the turnover meeting for the association of unit owners of a condominium created on or after January 1, 2004.

 

          SECTION 27. 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 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 28. Section 2, chapter 290, Oregon Laws 2003 (Enrolled House Bill 2103), is amended to read:

          Sec. 2. A person may not sell, lease or rent a payment processing system that provides a customer receipt that shows more information about a customer than the customer’s name and [the last] five digits of the customer’s credit or debit card number.

 

          SECTION 29. Section 3, chapter 290, Oregon Laws 2003 (Enrolled House Bill 2103), is amended to read:

          Sec. 3. (1) In a credit or debit card transaction with a customer, a person may not create a customer receipt that shows more information about a customer than the customer’s name and [the last] five digits of the customer’s credit or debit card number.

          (2) A person that creates or retains a copy of a receipt containing more information about a customer than the customer’s name and [the last] five digits of the customer’s credit or debit card number shall shred, incinerate or otherwise destroy the copy on or before the sooner of:

          (a) The date the image of the copy is transferred onto microfilm or microfiche; or

          (b) Thirty-six months after the date of the transaction that created the copy.

 

          SECTION 30. Section 6, chapter 290, Oregon Laws 2003 (Enrolled House Bill 2103), is amended to read:

          Sec. 6. (1) Section 2, chapter 290, Oregon Laws 2003 (Enrolled House Bill 2103), [of this 2003 Act] applies to:

          (a) Sales[, leases and rentals] of payment processing systems occurring on or after [the effective date of this 2003 Act] January 1, 2004;

          (b) Lease or rental agreements for payment processing systems entered into on or after January 1, 2004; and

          (c) Lease or rental agreements for payment processing systems in effect on or after July 1, 2005.

          (2) Section 3, chapter 290, Oregon Laws 2003 (Enrolled House Bill 2103), [of this 2003 Act] applies to credit or debit card transactions occurring on or after July 1, 2005.

 

          SECTION 31. Sections 1 and 2 of this 2003 Act apply only to used goods bought on or after January 1, 2004.

 

          SECTION 32. The amendments to ORS 192.502 (23) by sections 5 and 6 of this 2003 Act apply to records, communications and information obtained by the Housing and Community Services Department before, on and after January 1, 2004.

 

          SECTION 33. Sections 1, 2 and 23 to 27 of this 2003 Act and the amendments to ORS 94.616, 94.670, 100.210, 100.480, 192.072, 192.105, 192.250, 192.501, 192.502, 192.515, 192.517, 192.550, 192.650 and 291.263 and sections 2, 3 and 6, chapter 290, Oregon Laws 2003 (Enrolled House Bill 2103), by sections 3 to 12, 14, 19 to 22a and 28 to 30 of this 2003 Act become operative January 1, 2004.

 

          SECTION 33a. If House Bill 3328 becomes law, section 33 of this 2003 Act is amended to read:

          Sec. 33. Sections 1, 2 and 23 to 27 of this 2003 Act and the amendments to ORS 94.616, 94.670, 100.210, 100.480, 192.072, 192.105, 192.250, 192.501, 192.502, 192.515, 192.517, 192.550, 192.650, 192.685, [and] 291.263 and 414.395 and sections 2, 3 and 6, chapter 290, Oregon Laws 2003 (Enrolled House Bill 2103), by sections 3 to 12, [14] 14a, 14b, 14c, 19 to 22a and 28 to 30 of this 2003 Act become operative January 1, 2004.

 

          SECTION 34. The amendments to ORS 192.650 by section 14 of this 2003 Act apply to meetings and executive sessions held on or after the operative date of the amendments to ORS 192.650 by section 14 of this 2003 Act.

 

          SECTION 34a. If House Bill 3328 becomes law, section 34 of this 2003 Act is amended to read:

          Sec. 34. The amendments to ORS 192.650 and 192.685 by [section 14] sections 14a and 14b of this 2003 Act apply to meetings and executive sessions held on or after the operative date of the amendments to ORS 192.650 and 192.685 by [section 14] sections 14a and 14b of this 2003 Act.

 

          SECTION 35. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

 

Approved by the Governor September 24, 2003

 

Filed in the office of Secretary of State September 24, 2003

 

Effective date September 24, 2003

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