Chapter 152
AN ACT
SB 64
Relating to exemption of investment records
from disclosure; creating new provisions; and amending ORS 181.854, 192.502,
285C.145, 456.623 and 656.702.
Be It Enacted by the People of
the State of
SECTION 1. 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 public disclosure 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) Public body employee
or volunteer addresses, Social Security numbers, dates of birth and telephone
numbers contained in personnel records maintained by the public body that is
the employer or the recipient of volunteer services. This exemption:
(a) Does not apply to
the addresses, dates of birth and telephone numbers of employees or volunteers
who are elected officials, except that a judge or district attorney subject to
election may seek to exempt the judge’s or district attorney’s address or
telephone number, or both, under the terms of ORS 192.445;
(b) Does not apply to
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;
(c) Does not apply 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; and
(d) Does not relieve 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 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
(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 chapters 238 and 238A.
(13) Records of or
submitted [by private persons or
businesses] to the State Treasurer, [or] the Oregon Investment Council or the agents of the treasurer
or the council relating to active or proposed [acquisition, exchange or liquidation of public] publicly traded
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.], including but not limited to
records regarding the acquisition, exchange or liquidation of the investments.
For the purposes of this subsection:
(a) The exemption does
not apply to:
(A) Information in
investment records solely related to the amount paid directly into an
investment by, or returned from the investment directly to, the treasurer or
council; or
(B) The identity of the
entity to which the amount was paid directly or from which the amount was
received directly.
(b) An investment in a
publicly traded investment is no longer active when acquisition, exchange or
liquidation of the investment has been concluded.
(14)(a) Records of or
submitted to the State Treasurer, the Oregon Investment Council, the Oregon
Growth Account Board or the agents of the treasurer, council or board relating
to actual or proposed investments under ORS chapter 293 or 348 in a privately
placed investment fund or a private asset including but not limited to records
regarding the solicitation, acquisition, deployment, exchange or liquidation of
the investments including but not limited to:
(A) Due diligence
materials that are proprietary to an investment fund, to an asset ownership or
to their respective investment vehicles.
(B) Financial statements
of an investment fund, an asset ownership or their respective investment
vehicles.
(C) Meeting materials of
an investment fund, an asset ownership or their respective investment vehicles.
(D) Records containing
information regarding the portfolio positions in which an investment fund, an
asset ownership or their respective investment vehicles invest.
(E) Capital call and
distribution notices of an investment fund, an asset ownership or their
respective investment vehicles.
(F) Investment
agreements and related documents.
(b) The exemption under
this subsection does not apply to:
(A) The name, address
and vintage year of each privately placed investment fund.
(B) The dollar amount of
the commitment made to each privately placed investment fund since inception of
the fund.
(C) The dollar amount of
cash contributions made to each privately placed investment fund since
inception of the fund.
(D) The dollar amount,
on a fiscal year-end basis, of cash distributions received by the State
Treasurer, the Oregon Investment Council, the Oregon Growth Account Board or
the agents of the treasurer, council or board from each privately placed
investment fund.
(E) The dollar amount,
on a fiscal year-end basis, of the remaining value of assets in a privately
placed investment fund attributable to an investment by the State Treasurer,
the Oregon Investment Council, the Oregon Growth Account Board or the agents of
the treasurer, council or board.
(F) The net internal
rate of return of each privately placed investment fund since inception of the
fund.
(G) The investment
multiple of each privately placed investment fund since inception of the fund.
(H) The dollar amount of
the total management fees and costs paid on an annual fiscal year-end basis to
each privately placed investment fund.
(I) The
dollar amount of cash profit received from each privately placed investment
fund on a fiscal year-end basis.
[(14)] (15) 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)] (16) Reports of unclaimed property filed by the
holders of such property to the extent permitted by ORS 98.352.
[(16)] (17) 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)] (18) 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)] (19) 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)] (20) 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
(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)] (21) Sensitive business
records or financial or commercial information of the Oregon Health and
[(21)] (22) Records of Oregon
Health and
[(22)] (23) 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)] (24) The following records, communications and
information obtained by the Housing and Community Services Department in
connection with the department’s monitoring or administration of financial
assistance or of housing or other developments:
(a) Personal and
corporate financial statements and information, including tax returns.
(b) Credit reports.
(c) Project appraisals.
(d) Market studies and
analyses.
(e) Articles of
incorporation, partnership agreements and operating agreements.
(f) Commitment letters.
(g) Project pro forma
statements.
(h) Project cost
certifications and cost data.
(i) Audits.
(j) Project tenant
correspondence.
(k) Personal information
about a tenant.
(L) Housing assistance
payments.
[(24)] (25) 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)] (26) 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)] (27) 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)] (28) Personally identifiable information about
customers of a municipal electric utility or a people’s utility district or the
names, dates of birth, driver license numbers, telephone numbers, electronic
mail addresses or Social Security numbers of customers who receive water, sewer
or storm drain services from a public body as defined in ORS 174.109. The
utility or district may release personally identifiable information about a
customer, and a public body providing water, sewer or storm drain services may
release the name, date of birth, driver license number, telephone number,
electronic mail address or Social Security number of a customer, if the
customer consents in writing or electronically, if the disclosure is necessary
for the utility, district or other public body to render services to the
customer, if the disclosure is required pursuant to a court order or if the
disclosure is otherwise required by federal or state law. The utility, district
or other public body may charge as appropriate for the costs of providing such
information. The utility, district or other public body 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)] (29) 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)] (30) Sensitive business records, capital development
plans or financial or commercial information of Oregon Corrections Enterprises
that is not customarily provided to business competitors.
[(30)] (31) 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 646.398, 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)] (32) A county elections
security plan developed and filed under ORS 254.074.
[(32)] (33) 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.
[(33)] (34) The information specified in ORS 25.020 (8) if
the Chief Justice of the Supreme Court designates the information as
confidential by rule under ORS 1.002.
[(34)] (35) If requested by a public safety officer as
defined in ORS 181.610, the home address, home telephone number and electronic
mail address of the public safety officer. This exemption does not apply to
addresses and telephone numbers that are contained in county real property or
lien records.
SECTION 2. ORS 181.854 is amended to read:
181.854. (1) As used in this section:
(a) “Public body” has
the meaning given that term in ORS 192.410.
(b) “Public safety
employee” means a certified reserve officer, corrections officer, parole and
probation officer, police officer or youth correction officer as those terms
are defined in ORS 181.610.
(2) A public body may
not disclose a photograph of a public safety employee of the public body
without the written consent of the employee. This subsection does not apply to
the use by the public body of a photograph of a public safety employee.
(3) A public body may
not disclose information about a personnel investigation of a public safety
employee of the public body if the investigation does not result in discipline
of the employee.
(4) Subsection (3) of
this section does not apply:
(a) When the public
interest requires disclosure of the information.
(b) When the employee
consents to disclosure in writing.
(c) When disclosure is
necessary for an investigation by the public body, the Department of Public
Safety Standards and Training or a citizen review body designated by the public
body.
(d) When the public body
determines that nondisclosure of the information would adversely affect the
confidence of the public in the public body.
(5) If an investigation
of a public safety employee of a public body results from a complaint, the
public body may disclose to the complainant the disposition of the complaint
and, to the extent the public body considers necessary to explain the action of
the public body on the complaint, a written summary of information obtained in
the investigation.
(6) A public body must
notify a public safety employee of the public body if the public body receives
a request for:
(a) A photograph of the
employee.
(b) Information about
the employee that is exempt from disclosure under ORS 192.502 (2), (3) or [(34)] (35).
(c) Information about
the employee that is prohibited from disclosure by subsection (3) of this
section.
SECTION 3. ORS 285C.145 is amended to read:
285C.145. (1) The
Legislative Assembly finds that the standard procedure for authorization in an
enterprise zone inappropriately deters development or redevelopment of
qualified buildings on speculation for subsequent sale or lease to eligible
business firms.
(2) Notwithstanding ORS
285C.140 (1), a new building or structure or an addition to or modification of
an existing building or structure may qualify for the exemption allowed under
ORS 285C.175 if the qualified property is leased or sold by an unrelated party
to one or more authorized business firms after commencement of the
construction, addition or modification but prior to use or occupancy of the
qualified property.
(3) A business firm may
not be considered authorized and is not qualified for the exemption allowed
under ORS 285C.175 if the county assessor discovers prior to initially granting
the exemption that the application for authorization was not submitted by the
business firm in a timely manner in accordance with ORS 285C.140, except as
allowed under subsection (2) of this section or ORS 285C.140 (11) and (12).
(4) Records,
communications or information submitted to a public body by a business firm for
purposes of ORS 285C.050 to 285C.250 that identify a particular qualified
property, that reveal investment plans prior to authorization, that include the
compensation the firm provides to firm employees, that are described in ORS
192.502 [(16)] (17) or that
are submitted under ORS 285C.225 or 285C.235 are exempt from disclosure under
ORS 192.410 to 192.505 and, as appropriate, shall be shared among the county
assessor, the zone sponsor, the Department of Revenue and the Economic and
Community Development Department.
SECTION 4. ORS 456.623 is amended to read:
456.623. (1) The Housing
and Community Services Department shall establish a registry system for persons
requesting to be notified when department-proposed funding awards are
contemplated for multifamily housing projects.
(2) Any person may
register with the department to receive the notification described in
subsection (1) of this section. A person may request notification for
multifamily housing projects on a statewide basis or may limit the request to
projects within specific areas of the state as identified by the department.
The department may charge a reasonable fee for the registration.
(3) If the department
proposes funding for a multifamily housing project, the department shall send
written notice of the funding proposal to all persons who are at that time
registered to receive the notice under this section. The department may send notice
to persons the department believes may be interested but who are not registered
to receive notice. The department shall not proceed with awarding funding for a
multifamily housing project prior to the 30th day after the sending of notice
to all persons entitled under this subsection to notice of the funding
proposal.
(4) Notice sent under
this section shall be limited to stating the deadline for filing comments and
the type of housing, number of units, sponsor and location of the proposed
project. The notice shall not include any information made exempt from public
disclosure under ORS 192.502 [(23)]
(24).
(5) During the period
after the department proposes funding for a multifamily housing project and
prior to the department proceeding with awarding the funding, any interested
person may file comments regarding the project with the department.
(6) At the discretion of
the Director of the Housing and Community Services Department, the department
may conduct a market study or take other actions in response to comments filed
in regard to multifamily housing projects proposed for funding.
(7) Subsections (3), (5)
and (6) of this section apply only to multifamily housing project funding for
construction, acquisition or rehabilitation loans, grants or tax program awards
that otherwise do not include an independently prepared, project-specific
market study as part of the department review, approval or underwriting
process.
(8) As used in this
section, “housing project” has the meaning given that term in ORS 456.065.
SECTION 5. ORS 656.702 is amended to read:
656.702. (1) The records of the State Accident Insurance Fund
Corporation, excepting employer account records and claimant files, shall be
open to public inspection. The accident experience records of the corporation
shall be available to a bona fide rating organization to assist in making
workers’ compensation rates but any costs involved in making the records
available shall be borne by the rating organization. Accident experience
records of carrier-insured employers shall also be available on the same terms
to assist in making such rates.
(2) Disclosure of
workers’ compensation claim records of the Department of Consumer and Business
Services is governed by ORS 192.502 [(19)]
(20).
SECTION 6. The amendments to ORS 192.502 by section 1
of this 2007 Act apply to records in the custody of the State Treasurer, the
Oregon Investment Council, the Oregon Growth Account Board or the agents of the
treasurer, council or board before, on or after the effective date of this 2007
Act.
Approved by the Governor May 25, 2007
Filed in the office of Secretary of State May 25, 2007
Effective date January 1, 2008
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