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 2914
A-Engrossed
House Bill 3093
Ordered by the House April 29
Including House Amendments dated April 29
Sponsored by Representative HOPSON (at the request of Les
Helgeson)
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.
Allows individual to ask public body not to disclose
individual's electronic mail address. Requires public body to
honor request under certain circumstances. { - Exempts personal
contact information of witness in public meeting from mandatory
disclosure under public records law. Exempts from disclosure
electronic mail addresses of public volunteers and certain public
employees and electronic mail addresses in Public Employees
Retirement System records. - } { + Exempts from public records
disclosure name, home address, professional address or location
of person engaged in or providing goods or services for medical
research using animals other than rodents at Oregon Health and
Science University.
Allows sound, video or digital recordings of meetings of public
governing bodies.
Allows public body to charge fee for preparation of transcript
from recording. + }
A BILL FOR AN ACT
Relating to public records; creating new provisions; and amending
ORS 192.445, 192.501 and 192.650.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 192.445 is amended to read:
192.445. (1) An individual may submit a written request to a
public body not to disclose a specified public record indicating
the home address { + , + } { - or - } personal telephone
number { + or electronic mail address + } of the individual. A
public body { - shall - } { + may + } not disclose the
specified public record if the individual demonstrates to the
satisfaction of the public body that the personal safety of the
individual or the personal safety of a family member residing
with the individual is in danger if the home address { + , + }
{ - or - } personal telephone number { + or electronic mail
address + } remains available for public inspection.
(2) The Attorney General shall adopt rules describing:
(a) The procedures for submitting the written request described
in subsection (1) of this section.
(b) The evidence an individual shall provide to the public body
to establish that disclosure of the home address { + , + }
{ - or - } telephone number { + or electronic mail address + }
of the individual would constitute a danger to personal safety.
{ - Such - } { + The + } evidence may include but is not
limited to evidence that the individual or a family member
residing with the individual has:
(A) Been a victim of domestic violence;
(B) Obtained an order issued under ORS 133.055;
(C) Contacted a law enforcement officer involving domestic
violence or other physical abuse;
(D) Obtained a temporary restraining order or other no contact
order to protect the individual from future physical abuse; or
(E) Filed other criminal or civil legal proceedings regarding
physical protection.
(c) The procedures for submitting the written notification from
the individual that disclosure of the home address { + , + }
{ - or - } personal telephone number { + or electronic mail
address + } of the individual no longer constitutes a danger to
personal safety.
(3) A request described in subsection (1) of this section
{ - shall remain - } { + remains + } effective:
(a) Until the public body receives a written request for
termination but no later than five years after the date that a
public body receives the request; or
(b) In the case of a voter registration record, until the
individual must update the individual's voter registration, at
which time the individual may apply for another exemption from
disclosure.
(4) A public body may disclose a home address { + , + }
{ - or - } personal telephone number { + or electronic mail
address + } of an individual exempt from disclosure under
subsection (1) of this section upon court order, on request from
any law enforcement agency or with the consent of the individual.
(5) A public body { - shall - } { + may + } not be held
liable for granting or denying an exemption from disclosure under
this section or any other unauthorized release of a home
address { + , + } { - or - } personal telephone number { + or
electronic mail address + } granted an exemption from disclosure
under this section.
(6) This section does not apply to county property and lien
records.
SECTION 2. ORS 192.501 is amended to read:
192.501. The following public records are exempt from
disclosure under ORS 192.410 to 192.505 unless the public
interest requires disclosure in the particular instance:
(1) Records of a public body pertaining to litigation to which
the public body is a party if the complaint has been filed, or if
the complaint has not been filed, if the public body shows that
such litigation is reasonably likely to occur. This exemption
does not apply to litigation which has been concluded, and
nothing in this subsection shall limit any right or opportunity
granted by discovery or deposition statutes to a party to
litigation or potential litigation;
(2) Trade secrets. 'Trade secrets,' as used in this section,
may include, but are not limited to, any formula, plan, pattern,
process, tool, mechanism, compound, procedure, production data,
or compilation of information which is not patented, which is
known only to certain individuals within an organization and
which is used in a business it conducts, having actual or
potential commercial value, and which gives its user an
opportunity to obtain a business advantage over competitors who
do not know or use it;
(3) Investigatory information compiled for criminal law
purposes. The record of an arrest or the report of a crime shall
be disclosed unless and only for so long as there is a clear need
to delay disclosure in the course of a specific investigation,
including the need to protect the complaining party or the
victim. Nothing in this subsection shall limit any right
constitutionally guaranteed, or granted by statute, to disclosure
or discovery in criminal cases. For purposes of this subsection,
the record of an arrest or the report of a crime includes, but is
not limited to:
(a) The arrested person's name, age, residence, employment,
marital status and similar biographical information;
(b) The offense with which the arrested person is charged;
(c) The conditions of release pursuant to ORS 135.230 to
135.290;
(d) The identity of and biographical information concerning
both complaining party and victim;
(e) The identity of the investigating and arresting agency and
the length of the investigation;
(f) The circumstances of arrest, including time, place,
resistance, pursuit and weapons used; and
(g) Such information as may be necessary to enlist public
assistance in apprehending fugitives from justice;
(4) Test questions, scoring keys, and other data used to
administer a licensing examination, employment, academic or other
examination or testing procedure before the examination is given
and if the examination is to be used again. Records establishing
procedures for and instructing persons administering, grading or
evaluating an examination or testing procedure are included in
this exemption, to the extent that disclosure would create a risk
that the result might be affected;
(5) Information consisting of production records, sale or
purchase records or catch records, or similar business records of
a private concern or enterprise, required by law to be submitted
to or inspected by a governmental body to allow it to determine
fees or assessments payable or to establish production quotas,
and the amounts of such fees or assessments payable or paid, to
the extent that such information is in a form which would permit
identification of the individual concern or enterprise. This
exemption does not include records submitted by long term care
facilities as defined in ORS 442.015 to the state for purposes of
reimbursement of expenses or determining fees for patient care.
Nothing in this subsection shall limit the use which can be made
of such information for regulatory purposes or its admissibility
in any enforcement proceeding;
(6) Information relating to the appraisal of real estate prior
to its acquisition;
(7) The names and signatures of employees who sign
authorization cards or petitions for the purpose of requesting
representation or decertification elections;
(8) Investigatory information relating to any complaint filed
under ORS 659A.820 or 659A.825, until such time as the complaint
is resolved under ORS 659A.835, or a final order is issued under
ORS 659A.850;
(9) Investigatory information relating to any complaint or
charge filed under ORS 243.676 and 663.180;
(10) Records, reports and other information received or
compiled by the Director of the Department of Consumer and
Business Services under ORS 697.732;
(11) Information concerning the location of archaeological
sites or objects as those terms are defined in ORS 358.905,
except if the governing body of an Indian tribe requests the
information and the need for the information is related to that
Indian tribe's cultural or religious activities. This exemption
does not include information relating to a site that is all or
part of an existing, commonly known and publicized tourist
facility or attraction;
(12) A personnel discipline action, or materials or documents
supporting that action;
(13) Information developed pursuant to ORS 496.004, 496.172 and
498.026 or ORS 496.192 and 564.100, regarding the habitat,
location or population of any threatened species or endangered
species;
(14) Writings prepared by or under the direction of faculty of
public educational institutions, in connection with research,
until publicly released, copyrighted or patented;
(15) Computer programs developed or purchased by or for any
public body for its own use. As used in this subsection, '
computer program' means a series of instructions or statements
which permit the functioning of a computer system in a manner
designed to provide storage, retrieval and manipulation of data
from such computer system, and any associated documentation and
source material that explain how to operate the computer program.
' Computer program' does not include:
(a) The original data, including but not limited to numbers,
text, voice, graphics and images;
(b) Analyses, compilations and other manipulated forms of the
original data produced by use of the program; or
(c) The mathematical and statistical formulas which would be
used if the manipulated forms of the original data were to be
produced manually;
(16) Data and information provided by participants to mediation
under ORS 36.256;
(17) Investigatory information relating to any complaint or
charge filed under ORS chapter 654, until a final administrative
determination is made or, if a citation is issued, until an
employer receives notice of any citation;
(18) Specific operational plans in connection with an
anticipated threat to individual or public safety for deployment
and use of personnel and equipment, prepared and used by a law
enforcement agency, if public disclosure thereof would endanger
the life or physical safety of a citizen or law enforcement
officer or jeopardize the law enforcement activity involved;
(19)(a) Audits or audit reports required of a
telecommunications carrier. As used in this paragraph, 'audit or
audit report' means any external or internal audit or audit
report pertaining to a telecommunications carrier, as defined in
ORS 133.721, or pertaining to a corporation having an affiliated
interest, as defined in ORS 759.010, with a telecommunications
carrier that is intended to make the operations of the entity
more efficient, accurate or compliant with applicable rules,
procedures or standards, that may include self-criticism and that
has been filed by the telecommunications carrier or affiliate
under compulsion of state law. 'Audit or audit report' does not
mean an audit of a cost study that would be discoverable in a
contested case proceeding and that is not subject to a protective
order; and
(b) Financial statements. As used in this paragraph, '
financial statement' means a financial statement of a
nonregulated corporation having an affiliated interest, as
defined in ORS 759.010, with a telecommunications carrier, as
defined in ORS 133.721;
(20) The residence address of an elector if authorized under
ORS 247.965 and subject to ORS 247.967;
(21) The following records, communications and information
submitted to a housing authority as defined in ORS 456.005 by
applicants for and recipients of loans, grants and tax credits:
(a) Personal and corporate financial statements and
information, including tax returns;
(b) Credit reports;
(c) Project appraisals;
(d) Market studies and analyses;
(e) Articles of incorporation, partnership agreements and
operating agreements;
(f) Commitment letters;
(g) Project pro forma statements;
(h) Project cost certifications and cost data;
(i) Audits;
(j) Project tenant correspondence requested to be confidential;
(k) Tenant files relating to certification; and
(L) Housing assistance payment requests;
(22) Records or information that, if disclosed, would allow a
person to:
(a) Gain unauthorized access to buildings or other property
used or owned by a public body;
(b) Identify those areas of structural or operational
vulnerability that would permit unlawful disruption to, or
interference with, the services provided by a public body; or
(c) Disrupt, interfere with or gain unauthorized access to
public funds or to information processing, communication or
telecommunication systems, including the information contained in
the systems, that are used or operated by a public body;
(23) Records or information that would reveal the security
measures taken or recommended to be taken to protect:
(a) An officer or employee of a public body;
(b) Buildings or other property used or owned by a public body;
(c) Information processing, communication or telecommunication
systems, including the information contained therein, that are
used or operated by a public body; or
(d) Those operations of the Oregon State Lottery the security
of which are subject to study and evaluation under ORS 461.180
(6);
(24) Writings prepared by or under the direction of officials
of Oregon Health and Science University about a person and the
person's potential interest in donating money or property to the
university or the person's actual donation unless disclosure is
authorized by the person;
(25) Records of the name and address of a person who files a
report with or pays an assessment to a council, board or
commission created or organized under ORS chapter 576, 577, 578
or 579. As used in this subsection, 'council, board or commission
' does not include the advisory committee established under ORS
576.810; { - and - }
(26) Information provided to, obtained by or used by a public
body to authorize, originate, receive or authenticate a transfer
of funds, including but not limited to a credit card number,
payment card expiration date, password, financial institution
account number and financial institution routing number { + ; and
(27) The name, home address, professional address or location
of a person that is engaged in, or that provides goods or
services for, medical research at Oregon Health and Science
University that is conducted using animals other than
rodents + }.
SECTION 3. ORS 192.650 is amended to read:
192.650. (1) The governing body of a public body shall provide
for the { + sound, video or digital recording or the + } taking
of written minutes of all its meetings. Neither a full transcript
nor a { + full + } recording of the meeting is required, except
as otherwise provided by law, but the written minutes { + or
recording + } must give a true reflection of the matters
discussed at the meeting and the views of the participants. All
minutes { + or recordings + } shall be available to the public
within a reasonable time after the meeting, and shall include at
least the following information:
(a) All members of the governing body present;
(b) All motions, proposals, resolutions, orders, ordinances and
measures proposed and their disposition;
(c) The results of all votes and, except for public bodies
consisting of more than 25 members unless requested by a member
of that body, the vote of each member by name;
(d) The substance of any discussion on any matter; and
(e) Subject to ORS 192.410 to 192.505 relating to public
records, a reference to any document discussed at the meeting
{ - but such reference shall not affect the status of the
document under ORS 192.410 to 192.505 - } .
(2) Minutes of executive sessions shall be kept in accordance
with subsection (1) of this section. However, the minutes of a
hearing held under ORS 332.061 shall contain only the material
not excluded under ORS 332.061 (2). Instead of written minutes, a
record of any executive session may be kept in the form of a
sound { + or video + } tape { + or digital + } recording,
which need not be transcribed unless otherwise provided by law.
If the disclosure of certain material is inconsistent with the
purpose for which a meeting under ORS 192.660 is authorized to be
held, that material may be excluded from disclosure. However,
excluded materials are authorized to be examined privately by a
court in any legal action and the court shall determine their
admissibility.
{ + (3) A reference in minutes or a recording to a document
discussed at a meeting of a governing body of a public body does
not affect the status of the document under ORS 192.410 to
192.505.
(4) A public body may charge a person a fee under ORS 192.440
for the preparation of a transcript from a recording. + }
SECTION 4. { + (1) The amendments to ORS 192.445 by section 1
of this 2003 Act apply to requests made on or after the effective
date of this 2003 Act.
(2) The amendments to ORS 192.501 by section 2 of this 2003 Act
apply to information provided before, on or after the effective
date of this 2003 Act.
(3) The amendments to ORS 192.650 by section 3 of this 2003 Act
apply to meetings and executive sessions held on or after the
effective date of this 2003 Act. + }
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