Chapter 687
AN ACT
HB 3407
Relating to public records; creating new provisions; and amending ORS
181.854, 192.501, 192.502, 312.030, 312.050 and 312.190.
Be It Enacted by the People of
the State of
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 or
used by a public body, if public disclosure of the plans would endanger an
individual’s life or physical safety or jeopardize a law enforcement activity;
(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
759.390, 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 759.390, 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, or to an urban renewal agency as defined in ORS
457.010, 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;
(b) Identify those areas
of structural or operational vulnerability that would permit unlawful
disruption to, or interference with, services; 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 or otherwise identify security measures, or
weaknesses or potential weaknesses in security measures, taken or recommended
to be taken to protect:
(a) An individual;
(b) Buildings or other
property;
(c) Information
processing, communication or telecommunication systems, including the
information contained in the systems; or
(d) Those operations of
the Oregon State Lottery the security of which are subject to study and
evaluation under ORS 461.180 (6);
(24) Personal
information held by or under the direction of officials of the Oregon Health
and Science University or the Oregon University System about a person who has
or who is interested in donating money or property to the university, the
system or a state institution of higher education, if the information is
related to the family of the person, personal assets of the person or is
incidental information not related to the donation;
(25) The home address,
professional address and telephone number of a person who has or who is
interested in donating money or property to the Oregon University System;
(26) Records of the name
and address of a person who files a report with or pays an assessment to a
commodity commission established under ORS 576.051 to 576.455, the Oregon Beef
Council created under ORS 577.210 or the Oregon Wheat Commission created under
ORS 578.030;
(27) 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;
(28) Social Security
numbers as provided in ORS 107.840;
(29) The electronic mail
address of a student who attends a state institution of higher education listed
in ORS 352.002 or Oregon Health and Science University; [and]
(30) 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
(31) If requested by a
public safety officer as defined in ORS 181.610, by a district attorney or
deputy district attorney or by an assistant attorney general designated by the
Attorney General, the home address and home telephone number of the public
safety officer or attorney contained in the voter registration records for the
public safety officer or attorney; and
(32) If requested by a
public safety officer as defined in ORS 181.610, by a district attorney or
deputy district attorney or by an assistant attorney general designated by the
Attorney General, the name of the public safety officer or attorney contained
in county real property assessment or taxation records. This exemption:
(a) Applies only to the
name of the public safety officer or attorney and any other owner of the
property in connection with a specific property identified by the officer or
attorney in a request for exemption from disclosure;
(b) Applies only to
records that may be made immediately available to the public upon request in
person, by telephone or using the Internet;
(c) Applies until the
public safety officer or attorney requests termination of the exemption;
(d) Does not apply to
disclosure of records among public bodies as defined in ORS 174.109 for
governmental purposes; and
(e) May not result in
liability for a county if the name of a public safety officer or attorney is
disclosed after a request for exemption from disclosure is made under this
subsection.
SECTION 2.
ORS 192.501, as amended by section 3, chapter 455, Oregon Laws 2005, 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 or
used by a public body, if public disclosure of the plans would endanger an
individual’s life or physical safety or jeopardize a law enforcement activity;
(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
759.390, 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 759.390, 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, or to an urban renewal agency as defined in ORS
457.010, 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;
(b) Identify those areas
of structural or operational vulnerability that would permit unlawful
disruption to, or interference with, services; 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 or otherwise identify security measures, or
weaknesses or potential weaknesses in security measures, taken or recommended
to be taken to protect:
(a) An individual;
(b) Buildings or other
property;
(c) Information
processing, communication or telecommunication systems, including the
information contained in the systems; or
(d) Those operations of
the Oregon State Lottery the security of which are subject to study and
evaluation under ORS 461.180 (6);
(24) Personal
information held by or under the direction of officials of the Oregon Health
and Science University or the Oregon University System about a person who has
or who is interested in donating money or property to the university, the
system or a state institution of higher education, if the information is related
to the family of the person, personal assets of the person or is incidental
information not related to the donation;
(25) The home address,
professional address and telephone number of a person who has or who is
interested in donating money or property to the Oregon University System;
(26) Records of the name
and address of a person who files a report with or pays an assessment to a
commodity commission established under ORS 576.051 to 576.455, the Oregon Beef
Council created under ORS 577.210 or the Oregon Wheat Commission created under
ORS 578.030;
(27) 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;
(28) Social Security
numbers as provided in ORS 107.840; [and]
(29) The electronic mail
address of a student who attends a state institution of higher education listed
in ORS 352.002 or Oregon Health and Science University[.];
(30) If requested by a
public safety officer as defined in ORS 181.610, by a district attorney or
deputy district attorney or by an assistant attorney general designated by the
Attorney General, the home address and home telephone number of the public
safety officer or attorney contained in the voter registration records for the
public safety officer or attorney; and
(31) If requested by a
public safety officer as defined in ORS 181.610, by a district attorney or
deputy district attorney or by an assistant attorney general designated by the
Attorney General, the name of the public safety officer or attorney contained
in county real property assessment or taxation records. This exemption:
(a) Applies only to the
name of the public safety officer or attorney and any other owner of the
property in connection with a specific property identified by the officer or
attorney in a request for exemption from disclosure;
(b) Applies only to records
that may be made immediately available to the public upon request in person, by
telephone or using the Internet;
(c) Applies until the
public safety officer or attorney requests termination of the exemption;
(d) Does not apply to
disclosure of records among public bodies as defined in ORS 174.109 for
governmental purposes; and
(e) May not result in
liability for a county if the name of a public safety officer or attorney is
disclosed after a request for exemption from disclosure is made under this
subsection.
SECTION 3.
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 192.501 or 192.502
[(2), (3) or (34)] (2) or (3).
(c) Information about
the employee that is prohibited from disclosure by subsection (3) of this
section.
SECTION 4.
ORS 312.030 is amended to read:
312.030. (1) Within two
months after the day of delinquency of taxes of each year the tax collector
shall prepare a list of all real properties then subject to foreclosure. The
list shall be known as the foreclosure list and shall contain:
(a) The names of the
several persons appearing in the latest tax roll as the respective owners of
tax-delinquent properties. If the owner of the property is an attorney or
public safety officer who has applied for an exemption under ORS 192.501, the
list shall state that the name of the owner is suppressed by law.
(b) A description of
each such property as it appears in the latest tax roll.
(c) The year or years
for which taxes are delinquent on each property.
(d) The principal amount
of the delinquent taxes of each year and the amount of accrued and accruing
interest thereon to the day of publication.
(2) Thereafter, and
until judgment is obtained pursuant to ORS 312.090, interest shall be charged
and collected on each of the several amounts of taxes included in the
foreclosure list at the rate provided in ORS 311.505 (2).
SECTION 5.
ORS 312.050 is amended to read:
312.050. (1) On the day
which is three months after the day of delinquency of taxes of the latest year,
the tax collector, with the assistance of the district attorney, shall
institute proceedings to foreclose the liens for all the delinquent taxes
against each of the several properties included in the foreclosure list.
(2) One general
proceeding shall be brought on the part of the county to foreclose the tax
liens against each of the properties included in the foreclosure list. The
person whose name appears in the latest tax roll as the owner of any property
therein described shall be considered and treated as the owner of the property.
Each such proceeding shall be a proceeding in rem against the property itself.
If in any tax roll it appears that the owner of any property is unknown, or
that the name of the owner is exempt from disclosure under ORS 191.501,
then [such] the property shall
be proceeded against as belonging to an unknown owner.
SECTION 6.
ORS 312.190 is amended to read:
312.190. Subject to
an exemption from disclosure that applies under ORS 192.501:
(1) Not more than 30 days nor less than 10 days
prior to the expiration of the period of redemption of any real property
ordered sold to the county under a judgment under ORS 312.100, the tax
collector shall publish a general notice relative to the expiration of the
period of redemption.
(2) The notice
shall contain the date of the judgment, the date of expiration of the period of
redemption, and warning to the effect that all the properties ordered sold
under the judgment, unless sooner redeemed, will be deeded to the county
immediately on expiration of the period of redemption and that every right or
interest of any person in the properties will be forfeited forever to the
county.
(3) The notice
shall be published in two weekly issues of a duly designated newspaper of
general circulation in the county within the period of 20 days as specified in
this section. Proof of publication shall be attached to and made a part of the
deed issued to the county. The published notice may be a general notice and it
shall not be necessary to include therein descriptions of the several
properties or the names of the respective owners.
SECTION 7.
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 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
(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
(21) Records of Oregon
Health and
(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 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) 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
(27) 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) 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 646.398, 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) A county elections
security plan developed and filed under ORS 254.074.
(32) Information about
review or approval of programs relating to the security of:
(a) Generation, storage
or conveyance of:
(A) Electricity;
(B) Gas in liquefied or
gaseous form;
(C) Hazardous substances
as defined in ORS 453.005 (7)(a), (b) and (d);
(D) Petroleum products;
(E) Sewage; or
(F) Water.
(b) Telecommunication
systems, including cellular, wireless or radio systems.
(c) Data transmissions
by whatever means provided.
(33) 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) 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 8. The
amendments to ORS 181.854, 192.501, 192.502, 312.030, 312.050 and 312.190 by
sections 1 to 7 of this 2007 Act apply to records in the custody of a public
body on or after the effective date of this 2007 Act.
Approved by the Governor June 27, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
__________