72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2318
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Legislative Counsel
Committee)
CHAPTER ................
AN ACT
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
Enrolled House Bill 2318 (HB 2318-B) Page 1
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.
Enrolled House Bill 2318 (HB 2318-B) Page 2
(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.
Enrolled House Bill 2318 (HB 2318-B) Page 3
(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.
Enrolled House Bill 2318 (HB 2318-B) Page 4
(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
Enrolled House Bill 2318 (HB 2318-B) Page 5
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.
Enrolled House Bill 2318 (HB 2318-B) Page 6
(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.
Enrolled House Bill 2318 (HB 2318-B) Page 7
(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:
Enrolled House Bill 2318 (HB 2318-B) Page 8
(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
Enrolled House Bill 2318 (HB 2318-B) Page 9
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:
Enrolled House Bill 2318 (HB 2318-B) Page 10
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.
Enrolled House Bill 2318 (HB 2318-B) Page 11
(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.
Enrolled House Bill 2318 (HB 2318-B) Page 12
(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;
Enrolled House Bill 2318 (HB 2318-B) Page 13
(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;
Enrolled House Bill 2318 (HB 2318-B) Page 14
(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
Enrolled House Bill 2318 (HB 2318-B) Page 15
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
Enrolled House Bill 2318 (HB 2318-B) Page 16
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. + }
Enrolled House Bill 2318 (HB 2318-B) Page 17
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 ___, 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.
Enrolled House Bill 2318 (HB 2318-B) Page 18
{ + (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 ___, 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.
Enrolled House Bill 2318 (HB 2318-B) Page 19
{ + (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. + }
Enrolled House Bill 2318 (HB 2318-B) Page 20
(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
Enrolled House Bill 2318 (HB 2318-B) Page 21
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
Enrolled House Bill 2318 (HB 2318-B) Page 22
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.
Enrolled House Bill 2318 (HB 2318-B) Page 23
(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
Enrolled House Bill 2318 (HB 2318-B) Page 24
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).
Enrolled House Bill 2318 (HB 2318-B) Page 25
(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
Enrolled House Bill 2318 (HB 2318-B) Page 26
(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.
Enrolled House Bill 2318 (HB 2318-B) Page 27
(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
Enrolled House Bill 2318 (HB 2318-B) Page 28
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
Enrolled House Bill 2318 (HB 2318-B) Page 29
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
Enrolled House Bill 2318 (HB 2318-B) Page 30
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. + }
Enrolled House Bill 2318 (HB 2318-B) Page 31
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;
Enrolled House Bill 2318 (HB 2318-B) Page 32
(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. + }
Enrolled House Bill 2318 (HB 2318-B) Page 33
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. + }
----------
Passed by House February 13, 2003
Repassed by House August 21, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate August 20, 2003
...........................................................
President of Senate
Enrolled House Bill 2318 (HB 2318-B) Page 34
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2318 (HB 2318-B) Page 35