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
House Bill 2425
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 as
introduced.
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 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 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 1.760, 9.568, 161.390, 192.501,
192.502, 192.690, 418.747, 469.030, 469.080, 469.410 and
757.720; 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 { - taken or
recommended to be taken to protect - } { + , recommendations or
limitations pertaining to + }:
(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 - } { + in the systems + }, that are used or
operated by a public body; or
(d) Those operations of the Oregon State Lottery the security
of which are subject to study and evaluation under ORS 461.180
(6);
(24) Writings prepared by or under the direction of officials
of Oregon Health and Science University about a person and the
person's potential interest in donating money or property to the
university or the person's actual donation unless disclosure is
authorized by the person;
(25) Records of the name and address of a person who files a
report with or pays an assessment to a council, board or
commission created or organized under ORS chapter 576, 577, 578
or 579. As used in this subsection, 'council, board or commission
' does not include the advisory committee established under ORS
576.810; and
(26) Information provided to, obtained by or used by a public
body to authorize, originate, receive or authenticate a transfer
of funds, including but not limited to a credit card number,
payment card expiration date, password, financial institution
account number and financial institution routing number.
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 that are in
liquid form;
(D) Petroleum products;
(E) Sewage; or
(F) Water.
(b) Transmission of communications as defined in ORS
308.505. + }
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 that are in
liquid form;
(D) Petroleum products;
(E) Sewage; or
(F) Water.
(b) Transmission of communications as defined in ORS
308.505. + }
SECTION 4. ORS 192.690 is amended to read:
192.690. { - (1) - } ORS 192.610 to 192.690 { - shall - }
{ + do + } not apply to
{ - the - } { + :
(1) + } Deliberations of the State Board of Parole and
Post-Prison Supervision { - , - } { + .
(2) Deliberations of + } the Psychiatric Security Review Board
{ - , - } { + .
(3) Deliberations of + } state agencies conducting hearings on
contested cases { - in accordance with the provisions of - }
{ + under + } ORS 183.310 to 183.550 { - , the - } { + .
(4) + } Review by the Workers' Compensation Board { + of
hearings on contested cases + } { - or - } { + .
(5) Review by + } the Employment Appeals Board of
{ - similar - } hearings on contested cases { - , - } { + .
(6) + } Meetings of state or local lawyers assistance
committees
{ - operating - } under { - the provisions of - } ORS 9.568
{ - , - } { + .
(7) + } Meetings of { - the - } personal and practice
management assistance committees { - operating - } under
{ - the provisions of - } ORS 9.568 { - , the - } { + .
(8) Meetings of + } multidisciplinary teams required to review
child abuse and neglect fatalities { - in accordance with the
provisions of - } { + under + } ORS 418.747 { - , the - }
{ + .
(9) Meetings of + } peer review committees { - in accordance
with the provisions of - } { + under + } ORS 441.055 { - , - }
{ + .
(10) + } Mediation conducted under ORS 36.250 to 36.270 { - ,
any - } { + .
(11) + }Judicial { - proceeding, - } { + proceedings.
(12) + } Meetings of the Oregon Health and Science University
Board of Directors or its designated committee regarding { + :
(a) + } Candidates for the position of president of the
university { - or regarding - } { + ; or
(b) + } Sensitive business, financial or commercial matters of
the university not customarily provided to competitors related
to { + :
(A) + } Financings, mergers, acquisitions or joint ventures
{ - or related to - } { + ;
(B) + } The sale or other disposition of, or substantial change
in use of, significant real or personal property { - , or
related to - } { + ; or
(C) + } Health system strategies { - , or to - } { + . + }
{ + (13) + } Oregon Health and Science University faculty or
staff committee meetings.
{ - (2) Because of the grave risk to public health and safety
that would be posed by misappropriation or misapplication of
information considered during such review and approval, ORS
192.610 to 192.690 shall not apply to review and approval of
security programs by the Energy Facility Siting Council pursuant
to ORS 469.530. - }
{ + (14) Meetings of the legislative advisory committee
established under ORS 1.760.
(15) Portions of meetings of the governing body of a public
body that include discussion of information about review or
approval of programs relating to the security of any of the
following:
(a) A nuclear-fueled 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:
(A) Electricity;
(B) Gas in liquefied or gaseous form;
(C) Hazardous substances as defined in ORS 453.005 that are in
liquid form;
(D) Petroleum products;
(E) Sewage; or
(F) Water.
(d) Transmission of communications as defined in ORS
308.505. + }
SECTION 5. ORS 1.760 is amended to read:
1.760. (1) The Council on Court Procedures shall elect five
persons from among its members to serve as a legislative advisory
committee. Two members of the committee shall be judges. Two
members shall be members of the Oregon State Bar who are not
judges. One member shall be the public member designated under
ORS 1.730 (1)(e). The committee shall elect one of its members to
serve as chairperson of the committee.
(2) Upon the request of the chairperson of a legislative
committee considering legislation that proposes changes to the
Oregon Rules of Civil Procedure, the legislative advisory
committee established under this section shall provide technical
analysis and advice to the legislative committee. Analysis and
advice shall be by a majority vote of the legislative advisory
committee. The committee shall consult with and consider comments
from the full Council on Court Procedures to the extent possible.
Analysis and advice under this subsection must be provided within
10 days after the request from the chairperson of a legislative
committee.
(3) The legislative advisory committee established under this
section may vote to take a position on behalf of the Council on
Court Procedures on proposed legislation. If the legislative
advisory committee has voted to take a position on behalf of the
council, the committee shall so indicate to the legislative
committee.
(4) Members of the legislative advisory committee established
under this section may meet by telephone and may vote by
telephone. { - Meetings of the committee are not subject to ORS
192.610 to 192.690. - }
(5) Members of the legislative advisory committee established
under this section may appear before legislative committees for
the purpose of testifying on legislation that proposes changes to
the Oregon Rules of Civil Procedure.
SECTION 6. ORS 9.568 is amended to read:
9.568. (1)(a) The Board of Governors of the Oregon State Bar
may create a state lawyers assistance committee for the purpose
of implementing a lawyers assistance program and, pursuant
thereto, authorize the state lawyers assistance committee to
investigate and resolve complaints or referrals regarding lawyers
whose performance or conduct may impair their ability to practice
law or professional competence. The board may also create local
lawyers assistance committees to investigate complaints or
referrals for the state lawyers assistance committee.
(b) The board may adopt rules for the processing and resolution
of complaints or referrals by state and local lawyers assistance
committees.
(c) The purpose of state and local lawyers assistance
committees is the provision of supervision and assistance to
those lawyers whose performance or conduct may impair their
ability to practice law or professional competence.
(2)(a) In addition to state and local lawyers assistance
committees created under subsection (1) of this section, the
board may create personal and practice management assistance
committees to provide assistance to lawyers who are suffering
from impairment or other circumstances that may adversely affect
professional competence or conduct. Personal and practice
management assistance committees may also provide advice and
training to lawyers in practice management.
(b) The board may adopt rules governing the provision of
assistance to lawyers by personal and practice management
assistance committees.
(c) The purpose of a personal and practice management
assistance committee is the provision of completely confidential
assistance, advice and training to lawyers in a manner that
fosters maximum openness in communications between a lawyer and
the committee and that encourages a lawyer to seek assistance
from the committee.
(3) Any information provided to or obtained by the state
lawyers assistance committee, any local lawyers assistance
committee or any personal and practice management assistance
committee, or provided to or obtained by any agent of those
committees, is:
(a) Confidential;
(b) Exempt from the provisions of ORS 192.410 to 192.505;
(c) Not discoverable or admissible in any civil proceeding
without the written consent of the lawyer to whom the information
pertains; and
(d) Not discoverable or admissible in any disciplinary
proceeding except to the extent provided by rules of procedure
adopted pursuant to ORS 9.542.
(4) The limitations placed on the disclosure and admissibility
of information in this section shall not apply to information
relating to a lawyer's noncooperation with the state lawyers
assistance committee, any local lawyers assistance committee or
any agent of those committees, or to information otherwise
obtained by the bar from any other source.
{ - (5) All meetings of the state lawyers assistance
committee, the local lawyers assistance committees and the
personal and practice management assistance committees are exempt
from the provisions of ORS 192.610 to 192.690. - }
{ - (6) - } { + (5) + } Any person who makes a complaint or
referral to the bar as to the competence of an attorney or
provides information or testimony in connection with the state
lawyers assistance committee, any local lawyers assistance
committee or any personal and practice management assistance
committee is not subject to an action for civil damages as a
result { - thereof - } { + of the complaint or referral or
provision of information or testimony + }.
{ - (7) - } { + (6) + } With respect to their acts in
connection with the state lawyers assistance committee, any local
lawyers assistance committee or any personal and practice
management assistance committee, the same privileges and
immunities from civil and criminal proceedings that apply to
prosecuting and judicial officers of the state shall apply to the
board, all officers and employees of the bar, and the members of
the committees and their agents.
{ - (8) - } { + (7) + } For the purposes of this section,
agents of the state lawyers assistance committee, a local lawyers
assistance committee or a personal and practice management
assistance committee include investigators, attorneys,
counselors, staff personnel and any other individual or entity
acting on behalf of or at the request of the committees.
SECTION 7. ORS 161.390 is amended to read:
161.390. (1) The Department of Human Services shall
{ - promulgate - } { + adopt + } rules for the assignment of
persons to state mental hospitals under ORS 161.341, 161.365 and
161.370 and for establishing standards for evaluation and
treatment of persons committed to a state hospital designated by
the department or ordered to a community mental health and
developmental disabilities program under ORS 161.315 to 161.351
{ - , 192.690 - } and 428.210.
(2) Whenever the Psychiatric Security Review Board requires the
preparation of a predischarge or preconditional release plan
before a hearing or as a condition of granting discharge or
conditional release for a person committed under ORS 161.327 or
161.341 to a state hospital for custody, care and treatment, the
Department of Human Services is responsible for and shall prepare
the plan.
(3) In carrying out a conditional release plan prepared under
subsection (2) of this section, the Department of Human Services
may contract with a community mental health and developmental
disabilities program, other public agency or private corporation
or an individual to provide supervision and treatment for the
conditionally released person.
SECTION 8. ORS 418.747 is amended to read:
418.747. (1) The district attorney in each county shall be
responsible for developing interagency and multidisciplinary
teams to consist of but not be limited to law enforcement
personnel, Department of Human Services child protective service
workers, Child Care Division personnel, school officials, health
departments and courts, as well as others specially trained in
child abuse, child sexual abuse and rape of children
investigation.
(2) The teams shall develop a written protocol for immediate
investigation of and notification procedures for child abuse
cases and for interviewing child abuse victims. Each team also
shall develop written agreements signed by member agencies that
specify:
(a) The role of each agency;
(b) Procedures to be followed to assess risks to the child;
(c) Guidelines for timely communication between member
agencies;
(d) Guidelines for completion of responsibilities by member
agencies;
(e) Upon clear disclosure that the alleged child abuse occurred
in a child care facility as defined in ORS 657A.250, that
immediate notification of parents or guardians of children
attending the child care facility is required regarding any abuse
allegation and pending investigation; and
(f) Criteria and procedures to be followed when removal of the
child is necessary for the child's safety.
(3) Each team member and those conducting child abuse
investigations and interviews of child abuse victims shall be
trained in risk assessment, dynamics of child abuse, child sexual
abuse and rape of children, legally sound and age appropriate
interview and investigatory techniques.
(4) All investigations of child abuse and interviews of child
abuse victims shall be carried out by appropriate personnel using
the protocols and procedures called for in this section. If
trained personnel are not available in a timely fashion and, in
the judgment of a law enforcement officer or department child
welfare worker, there is reasonable cause to believe a delay in
investigation or interview of the child abuse victim could place
the child in jeopardy of physical harm, the investigation can
proceed without full participation of all personnel. This
authority applies only for as long as reasonable danger to the
child exists. A reasonable effort to find and provide a trained
investigator or interviewer shall be made.
(5) Protection of the child is of primary importance. To ensure
the safe placement of a child, the department may request that
local multidisciplinary team members obtain criminal history
information on any person who is part of the household where the
department may place or has placed a child who is in the
department's custody. All information obtained by the local team
members and the department in the exercise of their duties is
confidential and may only be disclosed as necessary to assure the
safe placement of a child.
(6) Each team shall classify, assess and review cases under
investigation.
(7) Each multidisciplinary team shall develop policies that
provide for an independent review of investigation procedures of
sensitive cases after completion of court actions on particular
cases. The policies shall include independent citizen input.
Parents of child abuse victims shall be notified of the review
procedure.
(8) Each team shall establish a local multidisciplinary
fatality review process. The purposes of the review process are
to:
(a) Coordinate various agencies and specialists to review a
fatality caused by child abuse or neglect;
(b) Identify local and state issues related to preventable
deaths; and
(c) Promote implementation of recommendations on the local
level.
(9) In establishing the review process and carrying out
reviews, the members of the local multidisciplinary team shall be
assisted by the local medical examiner or county health officer
as well as others specially trained in areas relevant to the
purpose of the local team.
(10) The categories of fatalities reviewed by the
multidisciplinary team include:
(a) Child fatalities in which child abuse or neglect may have
occurred at any time prior to death or have been a factor in the
fatality;
(b) Any category established by the local multidisciplinary
team;
(c) All child fatalities where the child is less than 18 years
of age and there is an autopsy performed by the medical examiner;
and
(d) Any specific cases recommended for local review by the
statewide interdisciplinary team established under ORS 418.748.
(11) The local multidisciplinary team shall develop a written
protocol for review of child fatalities. The protocol shall be
designed to facilitate communication and information between
persons who perform autopsies and those professionals and
agencies concerned with the prevention, investigation and
treatment of child abuse and neglect.
(12) Within the guidelines, and in a format, established by the
statewide interdisciplinary team established under ORS 418.748,
the local team shall provide the statewide team with information
regarding child fatalities under subsection (10) of this section.
(13) The local multidisciplinary team shall have access to and
subpoena power to obtain all medical records, hospital records
and records maintained by any state, county or local agency,
including, but not limited to, police investigations data,
coroner or medical examiner investigative data and social
services records, as necessary to complete the review of a
specific fatality under subsection (8)(a) of this section.
{ - All meetings of the local team relating to the fatality
review process required by subsections (8) to (13) of this
section shall be exempt from the provisions of ORS 192.610 to
192.690. - } All information and records acquired by the local
team in the exercise of its duties are confidential and may only
be disclosed as necessary to carry out the purposes of the local
fatality review process.
SECTION 9. ORS 469.030 is amended to read:
469.030. (1) There is created the Office of Energy.
(2) The Office of Energy shall:
(a) Be the central repository within the state government for
the collection of data on energy resources;
(b) Endeavor to utilize all public and private sources to
inform and educate the public about energy problems and ways in
which the public can conserve energy resources;
(c) Engage in research, but whenever possible, contract with
appropriate public or private agencies and dispense funds for
research projects and other services related to energy resources,
except that the Office of Energy shall endeavor to avoid
duplication of research whether completed or in progress;
(d) Qualify for, accept and disburse or utilize any private or
federal moneys or services available for the administration of
ORS 176.820, 192.501 to 192.505, { - 192.690, - } 469.010 to
469.225, 469.300 to 469.563, 469.990, 757.710 and 757.720;
(e) Administer federal and state energy allocation and
conservation programs and energy research and development
programs and apply for and receive available funds
{ - therefor - } { + for the programs + };
(f) Be a clearinghouse for energy research to which all
agencies shall send information on all energy related research;
(g) Prepare contingent energy programs to include all forms of
energy not otherwise provided pursuant to ORS 757.710 and
757.720;
(h) Maintain an inventory of energy research projects in Oregon
and the results { - thereof - } { + of the projects + };
(i) Collect, compile and analyze energy statistics, data and
information;
(j) Contract with public and private agencies for energy
activities consistent with ORS 469.010 and this section; and
(k) Upon request of the governing body of any affected
jurisdiction, coordinate a public review of a proposed
transmission line according to the provisions of ORS 469.442.
SECTION 10. ORS 469.080 is amended to read:
469.080. (1) The administrator of the Office of Energy may
obtain all necessary information from producers, suppliers and
consumers of energy resources within Oregon, and from political
subdivisions in this state, as necessary to carry out ORS
{ - 176.820, - } 192.501 to 192.505, { - 192.690, - }
469.010 to 469.225, 469.300 to 469.563, 469.990, 469.992, 757.710
and 757.720. Such information may include, but not be limited to:
(a) Sales volume;
(b) Forecasts of energy resource requirements;
(c) Inventory of energy resources; and
(d) Local distribution patterns of information under paragraphs
(a) to (c) of this subsection.
(2) In obtaining information under subsection (1) of this
section, the administrator with the written consent of the
Governor may subpoena witnesses, material and relevant books,
papers, accounts, records and memoranda, administer oaths, and
may cause the depositions of persons residing within or without
Oregon to be taken in the manner prescribed for depositions in
civil actions in circuit courts, to obtain information relevant
to energy resources.
(3) In obtaining information under this section the
administrator:
(a) Shall avoid eliciting information already furnished by a
person or political subdivision in this state to a federal, state
or local regulatory authority that is available to the
administrator for such study; and
(b) Shall cause reporting procedures, including forms, to
conform to existing requirements of federal, state and local
regulatory authorities.
(4) Any person who is served with a subpoena to give testimony
orally or in writing or to produce books, papers, correspondence,
memoranda, agreements or the documents or records as provided in
ORS { - 176.820, - } 192.501 to 192.505, { - 192.690, - }
469.010 to 469.225, 469.300 to 469.563, 469.990, 469.992, 757.710
and 757.720, may apply to any circuit court in Oregon for
protection against abuse or hardship in the manner provided in
ORCP 36 C.
SECTION 11. ORS 469.410 is amended to read:
469.410. (1) Any applicant for a site certificate for an energy
facility shall be deemed to have met all the requirements of ORS
{ - 176.820, 192.501 to 192.505, 192.690, - } 469.010 to
469.225, 469.300 to 469.563, 469.990, 757.710 and 757.720
relating to eligibility for a site certificate and a site
certificate shall be issued by the Energy Facility Siting Council
for:
(a) Any transmission lines for which application has been filed
with the federal government and the Public Utility Commission of
Oregon prior to July 2, 1975; and
(b) Any energy facility under construction on July 2, 1975.
(2) Each applicant for a site certificate under this section
shall pay the fees required by ORS 469.421 (2) to (9), if
applicable, and shall execute a site certificate in which the
applicant agrees:
(a) To abide by the conditions of all licenses, permits and
certificates required by the State of Oregon or any subdivision
in the state to operate the energy facility and issued prior to
July 2, 1975; and
(b) On and after July 2, 1975, to abide by the rules of the
administrator of the Office of Energy adopted pursuant to ORS
469.040 (1)(d) and rules of the council adopted pursuant to ORS
469.300 to 469.563, 469.590 to 469.619 and 469.930.
(3) The council has continuing authority over the site for
which the site certificate is issued and may inspect, or direct
the Office of Energy to inspect, or request another state agency
or local government to inspect, the site at any time in order to
ensure that the facility is being operated consistently with the
terms and conditions of the site certificate and any applicable
health or safety standards.
(4) The council shall establish programs for monitoring the
environmental and ecological effects of the operation and the
decommissioning of energy facilities subject to site certificates
issued prior to July 2, 1975, to ensure continued compliance with
the terms and conditions of the site certificate and any
applicable health or safety standards.
(5) Site certificates executed by the Governor under ORS
469.400 (1991 Edition) prior to July 2, 1975, shall bind
successor agencies created hereunder in accordance with the terms
of such site certificates. Any holder of a site certificate
issued prior to July 2, 1975, shall abide by the rules of the
administrator adopted pursuant to ORS 469.040 (1)(d) and rules of
the council adopted pursuant to ORS 469.300 to 469.563, 469.590
to 469.619, 469.930 and 469.992.
SECTION 12. ORS 757.720 is amended to read:
757.720. (1) Approval of utility plans for the curtailment of
load shall be based on the following factors:
(a) The consistency of the plan with the public health, safety
and welfare;
(b) The technical feasibility of implementation of the plan;
(c) The effectiveness with which the plan minimizes the impact
of any curtailment; and
(d) Consistency with Oregon energy policies formulated under
ORS { - 176.820, 192.501 to 192.505, 192.690, - } 469.010 to
469.225, 469.300 to 469.563, 469.533, 469.990, 757.710 and this
section.
(2) In the event of an emergency threatening the health, safety
and welfare of the general public, the Public Utility Commission
may on the commission's own motion and without hearing establish
a plan for the curtailment of load by any person referred to in
ORS 757.710. Where an emergency is not present, the commission
shall prior to approval hold public hearings with respect to any
proposed plan and give reasonable notice of such hearings.
(3) The commission shall consult with the administrator of the
Office of Energy before approving a plan.
SECTION 13. { + (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 192.690 by section 4 of this 2003 Act
apply to meetings held on or after the effective date of this
2003 Act. + }
SECTION 14. { + 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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