72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 363
A-Engrossed
House Bill 2425
Ordered by the House March 31
Including House Amendments dated March 31
Sponsored by COMMITTEE ON JUDICIARY
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Exempts from disclosure under public records law public body's
plan in connection with threat against individual or public
safety. Exempts from disclosure under public records law records
or information that would identify measures { + or weakness or
potential weakness of measures + } pertaining to security of
individual or property and about review or approval of security
programs for sources of energy, communications and dangerous
substances.
Excepts from public meetings law portions of { - meetings - }
{ + executive sessions + } that discuss information about review
or approval of security programs for sources of energy,
communications and dangerous substances.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to disclosure of information about security; creating
new provisions; amending ORS 192.501, 192.502, 192.660 and
342.176; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 192.501 is amended to read:
192.501. The following public records are exempt from
disclosure under ORS 192.410 to 192.505 unless the public
interest requires disclosure in the particular instance:
(1) Records of a public body pertaining to litigation to which
the public body is a party if the complaint has been filed, or if
the complaint has not been filed, if the public body shows that
such litigation is reasonably likely to occur. This exemption
does not apply to litigation which has been concluded, and
nothing in this subsection shall limit any right or opportunity
granted by discovery or deposition statutes to a party to
litigation or potential litigation;
(2) Trade secrets. 'Trade secrets,' as used in this section,
may include, but are not limited to, any formula, plan, pattern,
process, tool, mechanism, compound, procedure, production data,
or compilation of information which is not patented, which is
known only to certain individuals within an organization and
which is used in a business it conducts, having actual or
potential commercial value, and which gives its user an
opportunity to obtain a business advantage over competitors who
do not know or use it;
(3) Investigatory information compiled for criminal law
purposes. The record of an arrest or the report of a crime shall
be disclosed unless and only for so long as there is a clear need
to delay disclosure in the course of a specific investigation,
including the need to protect the complaining party or the
victim. Nothing in this subsection shall limit any right
constitutionally guaranteed, or granted by statute, to disclosure
or discovery in criminal cases. For purposes of this subsection,
the record of an arrest or the report of a crime includes, but is
not limited to:
(a) The arrested person's name, age, residence, employment,
marital status and similar biographical information;
(b) The offense with which the arrested person is charged;
(c) The conditions of release pursuant to ORS 135.230 to
135.290;
(d) The identity of and biographical information concerning
both complaining party and victim;
(e) The identity of the investigating and arresting agency and
the length of the investigation;
(f) The circumstances of arrest, including time, place,
resistance, pursuit and weapons used; and
(g) Such information as may be necessary to enlist public
assistance in apprehending fugitives from justice;
(4) Test questions, scoring keys, and other data used to
administer a licensing examination, employment, academic or other
examination or testing procedure before the examination is given
and if the examination is to be used again. Records establishing
procedures for and instructing persons administering, grading or
evaluating an examination or testing procedure are included in
this exemption, to the extent that disclosure would create a risk
that the result might be affected;
(5) Information consisting of production records, sale or
purchase records or catch records, or similar business records of
a private concern or enterprise, required by law to be submitted
to or inspected by a governmental body to allow it to determine
fees or assessments payable or to establish production quotas,
and the amounts of such fees or assessments payable or paid, to
the extent that such information is in a form which would permit
identification of the individual concern or enterprise. This
exemption does not include records submitted by long term care
facilities as defined in ORS 442.015 to the state for purposes of
reimbursement of expenses or determining fees for patient care.
Nothing in this subsection shall limit the use which can be made
of such information for regulatory purposes or its admissibility
in any enforcement proceeding;
(6) Information relating to the appraisal of real estate prior
to its acquisition;
(7) The names and signatures of employees who sign
authorization cards or petitions for the purpose of requesting
representation or decertification elections;
(8) Investigatory information relating to any complaint filed
under ORS 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 - }
{ + or + } used by a
{ - law enforcement agency - } { + public body + }, if public
disclosure
{ - thereof - } { + of the plans + } would endanger
{ - the - } { + an individual's + } life or physical safety
{ - of a citizen or law enforcement officer - } or jeopardize
{ - the - } { + a + } law enforcement activity
{ - involved - } ;
(19)(a) Audits or audit reports required of a
telecommunications carrier. As used in this paragraph, 'audit or
audit report' means any external or internal audit or audit
report pertaining to a telecommunications carrier, as defined in
ORS 133.721, or pertaining to a corporation having an affiliated
interest, as defined in ORS 759.010, with a telecommunications
carrier that is intended to make the operations of the entity
more efficient, accurate or compliant with applicable rules,
procedures or standards, that may include self-criticism and that
has been filed by the telecommunications carrier or affiliate
under compulsion of state law. 'Audit or audit report' does not
mean an audit of a cost study that would be discoverable in a
contested case proceeding and that is not subject to a protective
order; and
(b) Financial statements. As used in this paragraph, '
financial statement' means a financial statement of a
nonregulated corporation having an affiliated interest, as
defined in ORS 759.010, with a telecommunications carrier, as
defined in ORS 133.721;
(20) The residence address of an elector if authorized under
ORS 247.965 and subject to ORS 247.967;
(21) The following records, communications and information
submitted to a housing authority as defined in ORS 456.005 by
applicants for and recipients of loans, grants and tax credits:
(a) Personal and corporate financial statements and
information, including tax returns;
(b) Credit reports;
(c) Project appraisals;
(d) Market studies and analyses;
(e) Articles of incorporation, partnership agreements and
operating agreements;
(f) Commitment letters;
(g) Project pro forma statements;
(h) Project cost certifications and cost data;
(i) Audits;
(j) Project tenant correspondence requested to be confidential;
(k) Tenant files relating to certification; and
(L) Housing assistance payment requests;
(22) Records or information that, if disclosed, would allow a
person to:
(a) Gain unauthorized access to buildings or other property
{ - used or owned by a public body - } ;
(b) Identify those areas of structural or operational
vulnerability that would permit unlawful disruption to, or
interference with, { - the - } services { - provided by a
public body - } ; or
(c) Disrupt, interfere with or gain unauthorized access to
public funds or to information processing, communication or
telecommunication systems, including the information contained in
the systems, that are used or operated by a public body;
(23) Records or information that would reveal { - the - }
{ + or otherwise identify + } security measures { + , or
weaknesses or potential weaknesses in security measures, + }
taken or recommended to be taken to protect:
(a) An { - officer or employee of a public body - } { +
individual + };
(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 - }
{ + in the systems + }; or
(d) Those operations of the Oregon State Lottery the security
of which are subject to study and evaluation under ORS 461.180
(6);
(24) Writings prepared by or under the direction of officials
of Oregon Health and Science University about a person and the
person's potential interest in donating money or property to the
university or the person's actual donation unless disclosure is
authorized by the person;
(25) Records of the name and address of a person who files a
report with or pays an assessment to a council, board or
commission created or organized under ORS chapter 576, 577, 578
or 579. As used in this subsection, 'council, board or commission
' does not include the advisory committee established under ORS
576.810; and
(26) Information provided to, obtained by or used by a public
body to authorize, originate, receive or authenticate a transfer
of funds, including but not limited to a credit card number,
payment card expiration date, password, financial institution
account number and financial institution routing number.
SECTION 2. ORS 192.502 is amended to read:
192.502. The following public records are exempt from
disclosure under ORS 192.410 to 192.505:
(1) Communications within a public body or between public
bodies of an advisory nature to the extent that they cover other
than purely factual materials and are preliminary to any final
agency determination of policy or action. This exemption shall
not apply unless the public body shows that in the particular
instance the public interest in encouraging frank communication
between officials and employees of public bodies clearly
outweighs the public interest in disclosure.
(2) Information of a personal nature such as but not limited to
that kept in a personal, medical or similar file, if
{ - the - } public disclosure { - thereof - } would
constitute an unreasonable invasion of privacy, unless the public
interest by clear and convincing evidence requires disclosure in
the particular instance. The party seeking disclosure shall have
the burden of showing that public disclosure would not constitute
an unreasonable invasion of privacy.
(3)(a) Public body employee or volunteer addresses, dates of
birth and telephone numbers contained in personnel records
maintained by the public body that is the employer or the
recipient of volunteer services. This exemption does not apply:
(A) To such employees or volunteers if they are elected
officials, except that a judge or district attorney subject to
election may seek to exempt the judge's or district attorney's
address or telephone number, or both, under the terms of ORS
192.445;
(B) To such employees or volunteers to the extent that the
party seeking disclosure shows by clear and convincing evidence
that the public interest requires disclosure in a particular
instance; or
(C) To a substitute teacher as defined in ORS 342.815 when
requested by a professional education association of which the
substitute teacher may be a member.
(b) Nothing in this subsection exempting employee records from
disclosure relieves a public employer of any duty under ORS
243.650 to 243.782.
(4) Information submitted to a public body in confidence and
not otherwise required by law to be submitted, where such
information should reasonably be considered confidential, the
public body has obliged itself in good faith not to disclose the
information, and when the public interest would suffer by the
disclosure.
(5) Information or records of the Department of Corrections,
including the State Board of Parole and Post-Prison Supervision,
to the extent that disclosure { - thereof - } would interfere
with the rehabilitation of a person in custody of the department
or substantially prejudice or prevent the carrying out of the
functions of the department, if the public interest in
confidentiality clearly outweighs the public interest in
disclosure.
(6) Records, reports and other information received or compiled
by the Director of the Department of Consumer and Business
Services in the administration of ORS chapters 723 and 725 not
otherwise required by law to be made public, to the extent that
the interests of lending institutions, their officers, employees
and customers in preserving the confidentiality of such
information outweighs the public interest in disclosure.
(7) Reports made to or filed with the court under ORS 137.077
or 137.530.
(8) Any public records or information the disclosure of which
is prohibited by federal law or regulations.
(9) Public records or information the disclosure of which is
prohibited or restricted or otherwise made confidential or
privileged under Oregon law.
(10) Public records or information described in this section,
furnished by the public body originally compiling, preparing or
receiving them to any other public officer or public body in
connection with performance of the duties of the recipient, if
the considerations originally giving rise to the confidential or
exempt nature of the public records or information remain
applicable.
(11) Records of the Energy Facility Siting Council concerning
the review or approval of security programs pursuant to ORS
469.530.
(12) Employee and retiree address, telephone number and other
nonfinancial membership records and employee financial records
maintained by the Public Employees Retirement System pursuant to
ORS chapter 238 and ORS 238.410.
(13) Records submitted by private persons or businesses to the
State Treasurer or the Oregon Investment Council relating to
proposed acquisition, exchange or liquidation of public
investments under ORS chapter 293 may be treated as exempt from
disclosure when and only to the extent that disclosure of such
records reasonably may be expected to substantially limit the
ability of the Oregon Investment Council to effectively compete
or negotiate for, solicit or conclude such transactions. Records
which relate to concluded transactions are not subject to this
exemption.
(14) The monthly reports prepared and submitted under ORS
293.761 and 293.766 concerning the Public Employees Retirement
Fund and the Industrial Accident Fund may be uniformly treated as
exempt from disclosure for a period of up to 90 days after the
end of the calendar quarter.
(15) Reports of unclaimed property filed by the holders of such
property to the extent permitted by ORS 98.352.
(16) The following records, communications and information
submitted to the Oregon Economic and Community Development
Commission, the Economic and Community Development Department,
the State Department of Agriculture, the Oregon Growth Account
Board, the Port of Portland or other ports, as defined in ORS
777.005, by applicants for investment funds, loans or services
including, but not limited to, those described in ORS 285A.224:
(a) Personal financial statements.
(b) Financial statements of applicants.
(c) Customer lists.
(d) Information of an applicant pertaining to litigation to
which the applicant is a party if the complaint has been filed,
or if the complaint has not been filed, if the applicant shows
that such litigation is reasonably likely to occur; this
exemption does not apply to litigation which has been concluded,
and nothing in this paragraph shall limit any right or
opportunity granted by discovery or deposition statutes to a
party to litigation or potential litigation.
(e) Production, sales and cost data.
(f) Marketing strategy information that relates to applicant's
plan to address specific markets and applicant's strategy
regarding specific competitors.
(17) Records, reports or returns submitted by private concerns
or enterprises required by law to be submitted to or inspected by
a governmental body to allow it to determine the amount of any
transient lodging tax payable and the amounts of such tax payable
or paid, to the extent that such information is in a form which
would permit identification of the individual concern or
enterprise. Nothing in this subsection shall limit the use which
can be made of such information for regulatory purposes or its
admissibility in any enforcement proceedings. The public body
shall notify the taxpayer of the delinquency immediately by
certified mail. However, in the event that the payment or
delivery of transient lodging taxes otherwise due to a public
body is delinquent by over 60 days, the public body shall
disclose, upon the request of any person, the following
information:
(a) The identity of the individual concern or enterprise that
is delinquent over 60 days in the payment or delivery of the
taxes.
(b) The period for which the taxes are delinquent.
(c) The actual, or estimated, amount of the delinquency.
(18) All information supplied by a person under ORS 151.430 to
151.491 for the purpose of requesting court-appointed counsel,
and all information supplied to the State Court Administrator
from whatever source for the purpose of verifying indigency of a
person pursuant to ORS 151.430 to 151.491.
(19) Workers' compensation claim records of the Department of
Consumer and Business Services, except in accordance with rules
adopted by the Director of the Department of Consumer and
Business Services, in any of the following circumstances:
(a) When necessary for insurers, self-insured employers and
third party claim administrators to process workers' compensation
claims.
(b) When necessary for the director, other governmental
agencies of this state or the United States to carry out their
duties, functions or powers.
(c) When the disclosure is made in such a manner that the
disclosed information cannot be used to identify any worker who
is the subject of a claim.
(d) When a worker or the worker's representative requests
review of the worker's claim record.
(20) Sensitive business records or financial or commercial
information of the Oregon Health and Science University that is
not customarily provided to business competitors.
(21) Records of Oregon Health and Science University regarding
candidates for the position of president of the university.
(22) The records of a library, including circulation records,
showing use of specific library material by a named person or
consisting of the name of a library patron together with the
address or telephone number, or both, of the patron.
(23) The following records, communications and information
submitted to the Housing and Community Services Department by
applicants for and recipients of loans, grants and tax credits:
(a) Personal and corporate financial statements and
information, including tax returns.
(b) Credit reports.
(c) Project appraisals.
(d) Market studies and analyses.
(e) Articles of incorporation, partnership agreements and
operating agreements.
(f) Commitment letters.
(g) Project pro forma statements.
(h) Project cost certifications and cost data.
(i) Audits.
(j) Project tenant correspondence requested to be confidential.
(k) Tenant files relating to certification.
(L) Housing assistance payment requests.
(24) Raster geographic information system (GIS) digital
databases, provided by private forestland owners or their
representatives, voluntarily and in confidence to the State
Forestry Department, that is not otherwise required by law to be
submitted.
(25) Sensitive business, commercial or financial information
furnished to or developed by a public body engaged in the
business of providing electricity or electricity services, if the
information is directly related to a transaction described in ORS
261.348, or if the information is directly related to a bid,
proposal or negotiations for the sale or purchase of electricity
or electricity services, and disclosure of the information would
cause a competitive disadvantage for the public body or its
retail electricity customers. This subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
(26) Sensitive business, commercial or financial information
furnished to or developed by the City of Klamath Falls, acting
solely in connection with the ownership and operation of the
Klamath Cogeneration Project, if the information is directly
related to a transaction described in ORS 225.085 and disclosure
of the information would cause a competitive disadvantage for the
Klamath Cogeneration Project. This subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
(27) Personally identifiable information about customers of a
municipal electric utility or a people's utility district. The
utility or district may, however, release such information to a
third party if the customer consents in writing or
electronically, if the disclosure is necessary to render utility
or district services to the customer, or if the disclosure is
required pursuant to a court order. The utility or district may
charge as appropriate for the costs of providing such
information. The utility or district may make customer records
available to third party credit agencies on a regular basis in
connection with the establishment and management of customer
accounts or in the event such accounts are delinquent.
(28) A record of the street and number of an employee's address
submitted to a special district to obtain assistance in promoting
an alternative to single occupant motor vehicle transportation.
(29) Sensitive business records, capital development plans or
financial or commercial information of Oregon Corrections
Enterprises that is not customarily provided to business
competitors.
(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.
{ + (32) Information about review or approval of programs
relating to the security of:
(a) Generation, storage or conveyance of:
(A) Electricity;
(B) Gas in liquefied or gaseous form;
(C) Hazardous substances as defined in ORS 453.005 (7)(a), (b)
and (d);
(D) Petroleum products;
(E) Sewage; or
(F) Water.
(b) Telecommunication systems, including cellular, wireless or
radio systems.
(c) Data transmissions by whatever means provided. + }
SECTION 3. ORS 192.502, as amended by sections 80 and 81,
chapter 962, Oregon Laws 2001, is amended to read:
192.502. The following public records are exempt from
disclosure under ORS 192.410 to 192.505:
(1) Communications within a public body or between public
bodies of an advisory nature to the extent that they cover other
than purely factual materials and are preliminary to any final
agency determination of policy or action. This exemption shall
not apply unless the public body shows that in the particular
instance the public interest in encouraging frank communication
between officials and employees of public bodies clearly
outweighs the public interest in disclosure.
(2) Information of a personal nature such as but not limited to
that kept in a personal, medical or similar file, if
{ - the - } public disclosure { - thereof - } would
constitute an unreasonable invasion of privacy, unless the public
interest by clear and convincing evidence requires disclosure in
the particular instance. The party seeking disclosure shall have
the burden of showing that public disclosure would not constitute
an unreasonable invasion of privacy.
(3)(a) Public body employee or volunteer addresses, dates of
birth and telephone numbers contained in personnel records
maintained by the public body that is the employer or the
recipient of volunteer services. This exemption does not apply:
(A) To such employees or volunteers if they are elected
officials, except that a judge or district attorney subject to
election may seek to exempt the judge's or district attorney's
address or telephone number, or both, under the terms of ORS
192.445;
(B) To such employees or volunteers to the extent that the
party seeking disclosure shows by clear and convincing evidence
that the public interest requires disclosure in a particular
instance; or
(C) To a substitute teacher as defined in ORS 342.815 when
requested by a professional education association of which the
substitute teacher may be a member.
(b) Nothing in this subsection exempting employee records from
disclosure relieves a public employer of any duty under ORS
243.650 to 243.782.
(4) Information submitted to a public body in confidence and
not otherwise required by law to be submitted, where such
information should reasonably be considered confidential, the
public body has obliged itself in good faith not to disclose the
information, and when the public interest would suffer by the
disclosure.
(5) Information or records of the Department of Corrections,
including the State Board of Parole and Post-Prison Supervision,
to the extent that disclosure { - thereof - } would interfere
with the rehabilitation of a person in custody of the department
or substantially prejudice or prevent the carrying out of the
functions of the department, if the public interest in
confidentiality clearly outweighs the public interest in
disclosure.
(6) Records, reports and other information received or compiled
by the Director of the Department of Consumer and Business
Services in the administration of ORS chapters 723 and 725 not
otherwise required by law to be made public, to the extent that
the interests of lending institutions, their officers, employees
and customers in preserving the confidentiality of such
information outweighs the public interest in disclosure.
(7) Reports made to or filed with the court under ORS 137.077
or 137.530.
(8) Any public records or information the disclosure of which
is prohibited by federal law or regulations.
(9) Public records or information the disclosure of which is
prohibited or restricted or otherwise made confidential or
privileged under Oregon law.
(10) Public records or information described in this section,
furnished by the public body originally compiling, preparing or
receiving them to any other public officer or public body in
connection with performance of the duties of the recipient, if
the considerations originally giving rise to the confidential or
exempt nature of the public records or information remain
applicable.
(11) Records of the Energy Facility Siting Council concerning
the review or approval of security programs pursuant to ORS
469.530.
(12) Employee and retiree address, telephone number and other
nonfinancial membership records and employee financial records
maintained by the Public Employees Retirement System pursuant to
ORS chapter 238 and ORS 238.410.
(13) Records submitted by private persons or businesses to the
State Treasurer or the Oregon Investment Council relating to
proposed acquisition, exchange or liquidation of public
investments under ORS chapter 293 may be treated as exempt from
disclosure when and only to the extent that disclosure of such
records reasonably may be expected to substantially limit the
ability of the Oregon Investment Council to effectively compete
or negotiate for, solicit or conclude such transactions. Records
which relate to concluded transactions are not subject to this
exemption.
(14) The monthly reports prepared and submitted under ORS
293.761 and 293.766 concerning the Public Employees Retirement
Fund and the Industrial Accident Fund may be uniformly treated as
exempt from disclosure for a period of up to 90 days after the
end of the calendar quarter.
(15) Reports of unclaimed property filed by the holders of such
property to the extent permitted by ORS 98.352.
(16) The following records, communications and information
submitted to the Oregon Economic and Community Development
Commission, the Economic and Community Development Department,
the State Department of Agriculture, the Oregon Growth Account
Board, the Port of Portland or other ports, as defined in ORS
777.005, by applicants for investment funds, loans or services
including, but not limited to, those described in ORS 285A.224:
(a) Personal financial statements.
(b) Financial statements of applicants.
(c) Customer lists.
(d) Information of an applicant pertaining to litigation to
which the applicant is a party if the complaint has been filed,
or if the complaint has not been filed, if the applicant shows
that such litigation is reasonably likely to occur; this
exemption does not apply to litigation which has been concluded,
and nothing in this paragraph shall limit any right or
opportunity granted by discovery or deposition statutes to a
party to litigation or potential litigation.
(e) Production, sales and cost data.
(f) Marketing strategy information that relates to applicant's
plan to address specific markets and applicant's strategy
regarding specific competitors.
(17) Records, reports or returns submitted by private concerns
or enterprises required by law to be submitted to or inspected by
a governmental body to allow it to determine the amount of any
transient lodging tax payable and the amounts of such tax payable
or paid, to the extent that such information is in a form which
would permit identification of the individual concern or
enterprise. Nothing in this subsection shall limit the use which
can be made of such information for regulatory purposes or its
admissibility in any enforcement proceedings. The public body
shall notify the taxpayer of the delinquency immediately by
certified mail. However, in the event that the payment or
delivery of transient lodging taxes otherwise due to a public
body is delinquent by over 60 days, the public body shall
disclose, upon the request of any person, the following
information:
(a) The identity of the individual concern or enterprise that
is delinquent over 60 days in the payment or delivery of the
taxes.
(b) The period for which the taxes are delinquent.
(c) The actual, or estimated, amount of the delinquency.
(18) All information supplied by a person under ORS 151.485 for
the purpose of requesting appointed counsel, and all information
supplied to the court from whatever source for the purpose of
verifying the financial eligibility of a person pursuant to ORS
151.485.
(19) Workers' compensation claim records of the Department of
Consumer and Business Services, except in accordance with rules
adopted by the Director of the Department of Consumer and
Business Services, in any of the following circumstances:
(a) When necessary for insurers, self-insured employers and
third party claim administrators to process workers' compensation
claims.
(b) When necessary for the director, other governmental
agencies of this state or the United States to carry out their
duties, functions or powers.
(c) When the disclosure is made in such a manner that the
disclosed information cannot be used to identify any worker who
is the subject of a claim.
(d) When a worker or the worker's representative requests
review of the worker's claim record.
(20) Sensitive business records or financial or commercial
information of the Oregon Health and Science University that is
not customarily provided to business competitors.
(21) Records of Oregon Health and Science University regarding
candidates for the position of president of the university.
(22) The records of a library, including circulation records,
showing use of specific library material by a named person or
consisting of the name of a library patron together with the
address or telephone number, or both, of the patron.
(23) The following records, communications and information
submitted to the Housing and Community Services Department by
applicants for and recipients of loans, grants and tax credits:
(a) Personal and corporate financial statements and
information, including tax returns.
(b) Credit reports.
(c) Project appraisals.
(d) Market studies and analyses.
(e) Articles of incorporation, partnership agreements and
operating agreements.
(f) Commitment letters.
(g) Project pro forma statements.
(h) Project cost certifications and cost data.
(i) Audits.
(j) Project tenant correspondence requested to be confidential.
(k) Tenant files relating to certification.
(L) Housing assistance payment requests.
(24) Raster geographic information system (GIS) digital
databases, provided by private forestland owners or their
representatives, voluntarily and in confidence to the State
Forestry Department, that is not otherwise required by law to be
submitted.
(25) Sensitive business, commercial or financial information
furnished to or developed by a public body engaged in the
business of providing electricity or electricity services, if the
information is directly related to a transaction described in ORS
261.348, or if the information is directly related to a bid,
proposal or negotiations for the sale or purchase of electricity
or electricity services, and disclosure of the information would
cause a competitive disadvantage for the public body or its
retail electricity customers. This subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
(26) Sensitive business, commercial or financial information
furnished to or developed by the City of Klamath Falls, acting
solely in connection with the ownership and operation of the
Klamath Cogeneration Project, if the information is directly
related to a transaction described in ORS 225.085 and disclosure
of the information would cause a competitive disadvantage for the
Klamath Cogeneration Project. This subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
(27) Personally identifiable information about customers of a
municipal electric utility or a people's utility district. The
utility or district may, however, release such information to a
third party if the customer consents in writing or
electronically, if the disclosure is necessary to render utility
or district services to the customer, or if the disclosure is
required pursuant to a court order. The utility or district may
charge as appropriate for the costs of providing such
information. The utility or district may make customer records
available to third party credit agencies on a regular basis in
connection with the establishment and management of customer
accounts or in the event such accounts are delinquent.
(28) A record of the street and number of an employee's address
submitted to a special district to obtain assistance in promoting
an alternative to single occupant motor vehicle transportation.
(29) Sensitive business records, capital development plans or
financial or commercial information of Oregon Corrections
Enterprises that is not customarily provided to business
competitors.
(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.
{ + (32) Information about review or approval of programs
relating to the security of:
(a) Generation, storage or conveyance of:
(A) Electricity;
(B) Gas in liquefied or gaseous form;
(C) Hazardous substances as defined in ORS 453.005 (7)(a), (b)
and (d);
(D) Petroleum products;
(E) Sewage; or
(F) Water.
(b) Telecommunication systems, including cellular, wireless or
radio systems.
(c) Data transmissions by whatever means provided. + }
SECTION 4. ORS 192.660 is amended to read:
192.660. (1) { - Nothing contained in - } ORS 192.610 to
192.690
{ - shall be construed to - } { + do not + } prevent the
governing body of a public body from holding executive session
during a regular, special or emergency meeting, after the
presiding officer has identified the authorization under ORS
192.610 to 192.690 for
{ - the - } holding { - of such - } { + the + } executive
session.
{ + (2) The governing body of a public body may hold an + }
executive session { - may be held - } :
(a) To consider the employment of a public officer, employee,
staff member or individual agent. { - The exception contained
in this paragraph does not apply to: - }
{ - (A) The filling of a vacancy in an elective office. - }
{ - (B) The filling of a vacancy on any public committee,
commission or other advisory group. - }
{ - (C) The consideration of general employment policies. - }
{ - (D) The employment of the chief executive officer, other
public officers, employees and staff members of any public body
unless the vacancy in that office has been advertised,
regularized procedures for hiring have been adopted by the public
body and there has been opportunity for public input into the
employment of such an officer. However, the standards, criteria
and policy directives to be used in hiring chief executive
officers shall be adopted by the governing body in meetings open
to the public in which there has been opportunity for public
comment. - }
(b) To consider the dismissal or disciplining of, or to hear
complaints or charges brought against, a public officer,
employee, staff member or individual agent { - , unless such
public officer, employee, staff member or individual agent
requests - } { + who does not request + } an open hearing.
(c) To consider matters pertaining to the function of the
medical staff of a public hospital licensed pursuant to ORS
441.015 to 441.063, 441.085, 441.087 and 441.990 (3) including,
but not limited to, all clinical committees, executive,
credentials, utilization review, peer review committees and all
other matters relating to medical competency in the hospital.
(d) To conduct deliberations with persons designated by the
governing body to carry on labor negotiations.
(e) To conduct deliberations with persons designated by the
governing body to negotiate real property transactions.
(f) To consider { + information or + } records that are exempt
by law from public inspection.
(g) To consider preliminary negotiations involving matters of
trade or commerce in which the governing body is in competition
with governing bodies in other states or nations.
(h) To consult with counsel concerning the legal rights and
duties of a public body with regard to current litigation or
litigation likely to be filed.
(i) To review and evaluate { - , pursuant to standards,
criteria and policy directives adopted by the governing body, - }
the employment-related performance of the chief executive officer
of any public body, a public officer, employee or staff member
{ - unless the person whose performance is being reviewed and
evaluated requests - } { + who does not request + } an open
hearing. { - The standards, criteria and policy directives to
be used in evaluating chief executive officers shall be adopted
by the governing body in meetings open to the public in which
there has been opportunity for public comment. An executive
session for purposes of evaluating a chief executive officer or
other officer, employee or staff member shall not include a
general evaluation of an agency goal, objective or operation or
any directive to personnel concerning agency goals, objectives,
operations or programs. - }
(j) To carry on negotiations under ORS chapter 293 with private
persons or businesses regarding proposed acquisition, exchange or
liquidation of public investments.
(k) By a health professional regulatory board to consider
information obtained as part of an investigation of licensee or
applicant conduct. { - Notwithstanding paragraph (b) or (c) of
this subsection, subsection (5) of this section or ORS 192.650,
the public disclosure of minutes, transcripts or recordings
relating to the substance and disposition of the matter
investigated are governed by ORS 676.175. - }
(L) By the State Landscape Architect Board, or an advisory
committee to the board, to consider information obtained as part
of an investigation of registrant or applicant conduct.
{ - Notwithstanding subsection (5) of this section or ORS
192.650, the public disclosure of minutes, transcripts or
recordings relating to the substance and disposition of the
matter investigated is governed by ORS 671.338. - }
{ + (m) To discuss information about review or approval of
programs relating to the security of any of the following:
(A) A nuclear-powered thermal power plant or nuclear
installation.
(B) Transportation of radioactive material derived from or
destined for a nuclear-fueled thermal power plant or nuclear
installation.
(C) Generation, storage or conveyance of:
(i) Electricity;
(ii) Gas in liquefied or gaseous form;
(iii) Hazardous substances as defined in ORS 453.005 (7)(a),
(b) and (d);
(iv) Petroleum products;
(v) Sewage; or
(vi) Water.
(D) Telecommunication systems, including cellular, wireless or
radio systems.
(E) Data transmissions by whatever means provided. + }
{ - (2) - } { + (3) + } Labor negotiations shall be
conducted in open meetings unless both sides of the negotiators
request that negotiations be conducted in executive session.
Labor negotiations conducted in executive session are not subject
to the notification requirements of ORS 192.640.
{ - (3) - } { + (4) + } Representatives of the news media
shall be allowed to attend executive sessions other than those
held under subsection { - (1)(d) - } { + (2)(d) + } of this
section relating to labor negotiations or executive session held
pursuant to ORS 332.061 (2) but the governing body may require
that specified information subject of the executive session be
undisclosed.
{ - (4) - } { + (5) + } When a governing body convenes an
executive session under subsection { - (1)(h) - }
{ + (2)(h) + } of this section relating to conferring with
counsel on current litigation or litigation likely to be filed,
the governing body shall bar any member of the news media from
attending the executive session if the member of the news media
is a party to the litigation or is an employee, agent or
contractor of a news media organization that is a party to the
litigation.
{ - (5) - } { + (6) + } No executive session may be held
for the purpose of taking any final action or making any final
decision.
{ + (7) The exception granted by subsection (2)(a) of this
section does not apply to:
(a) The filling of a vacancy in an elective office.
(b) The filling of a vacancy on any public committee,
commission or other advisory group.
(c) The consideration of general employment policies.
(d) The employment of the chief executive officer, other public
officers, employees and staff members of a public body unless:
(A) The public body has advertised the vacancy;
(B) The public body has adopted regular hiring procedures;
(C) In the case of an officer, the public has had the
opportunity to comment on the employment of the officer; and
(D) In the case of a chief executive officer, the governing
body has adopted hiring standards, criteria and policy directives
in meetings open to the public in which the public has had the
opportunity to comment on the standards, criteria and policy
directives.
(8) A governing body may not use an executive session for
purposes of evaluating a chief executive officer or other
officer, employee or staff member to conduct a general evaluation
of an agency goal, objective or operation or any directive to
personnel concerning agency goals, objectives, operations or
programs.
(9) Notwithstanding subsections (2) and (6) of this section and
ORS 192.650:
(a) ORS 676.175 governs the public disclosure of minutes,
transcripts or recordings relating to the substance and
disposition of licensee or applicant conduct investigated by a
health professional regulatory board.
(b) ORS 671.338 governs the public disclosure of minutes,
transcripts or recordings relating to the substance and
disposition of registrant or applicant conduct investigated by
the State Landscape Architect Board or an advisory committee to
the board. + }
SECTION 5. ORS 342.176 is amended to read:
342.176. (1) Upon receipt of a complaint or information that a
person has violated ORS 342.143 or 342.175, the Teacher Standards
and Practices Commission shall promptly undertake an
investigation.
(2) The commission may appoint an investigator and shall
furnish the investigator with appropriate professional and other
special assistance reasonably required to conduct the
investigation, and the investigator is empowered to subpoena
witnesses over the signature of the executive director, swear
witnesses and compel obedience in the same manner as provided
under ORS 183.440 (2).
(3) Following completion of the investigation, the executive
director shall report in writing any findings and recommendations
to:
(a) The commission, meeting in executive session, at its next
regular meeting following completion of the investigation; and
(b) The person against whom the charge is made.
(4) The documents and materials used in the investigation and
the report of the executive director are confidential and not
subject to public inspection unless the commission makes a final
determination that the person charged has violated ORS 342.143 or
342.175.
(5) If the commission finds from the report that there is
sufficient cause to justify holding a hearing under ORS 342.177,
it shall notify in writing:
(a) The person charged, enclosing a statement of the charges
and a notice of opportunity for hearing;
(b) The complainant; and
(c) The employing district, if any.
(6) If the commission finds from the report that there is not
sufficient cause to justify holding a hearing under ORS 342.177,
it shall notify in writing:
(a) The person charged;
(b) The complainant; and
(c) The employing district, if any.
(7) Notwithstanding ORS 192.660 { - (5) - } { + (6) + },
the commission may make its findings under this section in
executive session. However, the provisions of ORS 192.660
{ - (3) - } { + (4) + } apply to { - such - } { + the + }
sessions.
SECTION 6. { + (1) The amendments to ORS 192.501 by section 1
of this 2003 Act apply to records in the custody of the public
body on or after the effective date of this 2003 Act.
(2) The amendments to ORS 192.502 by sections 2 and 3 of this
2003 Act apply to records in the custody of the public body on or
after the effective date of this 2003 Act.
(3) The amendments to ORS 192.660 by section 4 of this 2003 Act
apply to executive sessions held on or after the effective date
of this 2003 Act. + }
SECTION 7. { + 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. + }
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