74th OREGON LEGISLATIVE ASSEMBLY--2007 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 744
 
                           A-Engrossed
 
                         House Bill 2114
                   Ordered by the House May 2
             Including House Amendments dated May 2
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for State Forestry Department)
 
 
                             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.
 
  Creates Stewardship Agreement Grant Fund. Continuously
appropriates moneys in fund to State Board of Forestry for grants
to carry out stewardship agreements.
  Permits Flexible Incentives Account to be used to fund
activities related to stewardship agreements.   { - Permits
Watershed Improvement Grant Fund to be used to fund activities
related to stewardship agreements. - }  Permits State Department
of Agriculture and State Board of Forestry to make binding
determination as to applicability of rules to particular
landowner. Directs State Department of Agriculture and State
Board of Forestry to assist landowner in compliance with federal
Endangered Species Act.  Exempts operation conducted as part of
stewardship agreement from requirement of written plan. Exempts
land management plans of stewardship agreements from disclosure
as public record { +  unless public interest requires
disclosure + }.
 
                        A BILL FOR AN ACT
Relating to stewardship agreements; creating new provisions;
  amending ORS 192.501, 527.670, 541.381 and 541.423; and
  appropriating money.
Be It Enacted by the People of the State of Oregon:
 
                               { +
STEWARDSHIP AGREEMENT GRANT FUND + }
 
  SECTION 1.  { + (1) The Stewardship Agreement Grant Fund is
established separate and distinct from the General Fund. The
Stewardship Agreement Grant Fund shall consist of all moneys
placed in the fund as provided by law. All moneys in the
Stewardship Agreement Grant Fund are continuously appropriated to
the State Board of Forestry to provide grants to carry out the
purposes of stewardship agreements described in ORS 541.423.
Interest accruing to the Stewardship Agreement Grant Fund shall
be credited to the fund. Funds appropriated and not expended by
 
the completion of a biennium shall remain in the Stewardship
Agreement Grant Fund.
  (2) The State Board of Forestry shall administer the
Stewardship Agreement Grant Fund and provide grants from the fund
to landowners who have entered into stewardship agreements for
the purposes described in ORS 541.423.
  (3) In addition to the funds made available for the purposes of
ORS 541.423, the board also may accept gifts and grants from any
public or private source for the purpose of providing the grants
described in subsection (2) of this section. + }
  SECTION 2.  { + The State Board of Forestry may award funds
from the Stewardship Agreement Grant Fund only for the purposes
described in section 1 of this 2007 Act. Any projects that the
board approves for funding must comply with the following
criteria:
  (1) There must be matching contribution from other program
funds, in-kind services or other investment in the project; and
  (2) The project must provide a public benefit through improved
water quality or improved fish or wildlife habitat. + }
 
                               { +
FLEXIBLE INCENTIVES ACCOUNT + }
 
  SECTION 3. ORS 541.381 is amended to read:
  541.381. (1) There is created a Flexible Incentives Account in
the State Treasury, separate and distinct from the General Fund.
Interest earned by the account shall be credited to the account.
The moneys in the account are continuously appropriated to the
Oregon Watershed Enhancement Board for the purposes specified in
this section.
  (2) The Oregon Watershed Enhancement Board shall use the  { +
Flexible Incentives + } Account to assist landowners in the
implementation of strategies intended to protect and restore
native species of fish, wildlife and plants and to maintain
long-term ecological health, diversity and productivity in a
manner consistent with statewide, regional or local conservation
plans. The board shall seek to fund those strategies that offer
the greatest public benefit at the lowest cost.  { + The account
may also be used to fund activities to achieve the purposes of
stewardship agreements entered into under ORS 541.423 between a
landowner, or a representative of the landowner, and the State
Department of Agriculture or the State Board of Forestry. + }
  (3) The account shall consist of moneys appropriated to it by
the Legislative Assembly and moneys provided to the board by
federal, state, regional or local governments for the purposes
specified in this section. The board may accept private moneys in
the form of gifts, grants and bequests for deposit into the
account.
 
                               { +
STEWARDSHIP AGREEMENTS + }
 
  SECTION 4. ORS 541.423 is amended to read:
  541.423. (1) As used in this section, 'stewardship agreement'
means an agreement voluntarily entered into and signed by a
landowner, or representative of the landowner, and the State
Department of Agriculture or the State Board of Forestry that
sets forth the terms under which the landowner will self-regulate
to meet and exceed applicable regulatory requirements and achieve
conservation, restoration and improvement of fish and wildlife
habitat or water quality.
  (2) The State Department of Agriculture and the State Board of
Forestry may, individually or jointly, enter into stewardship
agreements with landowners.
  (3) The purposes of a stewardship agreement are to provide:
 
  (a) An incentive for landowners to provide for conservation,
restoration and improvement of fish and wildlife habitat or water
quality;
  (b) A mechanism to coordinate, facilitate and memorialize a
landowner's compliance with the requirements of state and federal
regulatory schemes; and
  (c) A mechanism to combine or coordinate multiple incentive
programs among agencies and levels of government to:
  (A) Improve the delivery of financial and technical assistance
to landowners engaged in conservation activities;
  (B) Reduce redundancy among programs;
  (C) Simplify application procedures;
  (D) Leverage the investment of federal funds;
  (E) Make more efficient use of technical assistance funds;
  (F) Provide greater incentives for landowners;
  (G) Foster partnerships and improve cooperation with
nongovernmental organizations;
  (H) Provide greater environmental benefits;
  (I) Tailor and more effectively target conservation programs
administered by federal, state and local governments to the
unique conservation needs of, and opportunities presented by,
individual parcels of eligible land; and
  (J) Give landowners an increased level of regulatory certainty.
  (4) The State Board of Forestry and the State Department of
Agriculture, in consultation with the State Department of Fish
and Wildlife, shall adopt by rule procedures and criteria for
stewardship agreements. The procedures and criteria shall
include, but need not be limited to:
  (a) The certification of a land management plan which shall, at
a minimum, include:
  (A) A comprehensive description and inventory of the subject
property, its features and uses; and
  (B) A prescription for the protection of resources that exceeds
land management practices, standards and activities otherwise
required by law and that is designed to achieve conservation,
restoration and improvement of fish and wildlife habitat or water
quality.
  (b) A requirement that each landowner subject to a stewardship
agreement demonstrate a clear capability to carry out the
provisions of the land management plan and have a past record of
good compliance with applicable laws and regulations regarding
land use and management.
  (5) Each government agency that is a party to a stewardship
agreement shall conduct periodic audits on lands subject to the
stewardship agreement to determine whether the land management
plan is being implemented and whether the agreement should be
continued, revised or discontinued.
  (6) Stewardship agreements may provide benefits to landowners
that include, but are not limited to:
  (a) Expedited permit processing;
  (b) Regulatory certainty;
  (c) Priority consideration for cost-share assistance or other
financial incentives and technical assistance; and
  (d) Government certification that certain land management
practices have been implemented.
   { +  (7) To give landowners an increased level of regulatory
certainty, the State Department of Agriculture and the State
Board of Forestry may, individually or jointly, make a binding
determination as to the applicability of rules of the State
Department of Agriculture and the State Board of Forestry to a
particular landowner, or a representative of the landowner, who
has entered into a stewardship agreement. The binding
determination shall require the landowner, or representative of
the landowner, to abide by the local ordinances, state law and
rules of the State Department of Agriculture and the State Board
of Forestry that are in effect on the date the binding
determination is executed. However, the State Department of
Agriculture or the State Board of Forestry may require compliance
with later-adopted ordinances, laws or rules upon a clear showing
of a significant threat to the public health or welfare, fish and
wildlife habitat or water quality that requires application of
such later-adopted ordinances, laws or rules.
  (8) The State Department of Agriculture and the State Board of
Forestry may, individually or jointly, make a binding
determination that activities undertaken by a particular
landowner, or a representative of the landowner, as part of a
stewardship agreement are consistent with the purposes and
policies of any relevant Safe Harbor Agreements or Candidate
Conservation Agreements entered into between the State of Oregon
and agencies of the United States Government, pursuant to the
federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C.
1531 et seq.) and federal regulations. + }
 
                               { +
FOREST PRACTICES ACT - WRITTEN PLAN REQUIREMENT + }
 
  SECTION 5. ORS 527.670 is amended to read:
  527.670. (1) The State Board of Forestry shall designate the
types of operations for which notice shall be required under this
section.
  (2) The board shall determine by rule what types of operations
require a written plan.
  (3) The board's determination under subsection (2) of this
section shall require a written plan for operations:
  (a) Within one hundred feet of a stream determined by the State
Forester to be used by fish or for domestic use, unless the
board, by rule, provides that a written plan is not required
because the proposed operation will be conducted according to a
general vegetation retention prescription described in
administrative rule { + , or unless the operation will be
conducted pursuant to a stewardship agreement entered into under
ORS 541.423 + }; or
  (b) Within three hundred feet of a resource site inventoried
pursuant to ORS 527.710 (3)(a) { +  unless the operation will be
conducted pursuant to a stewardship agreement entered into under
ORS 541.423 and is consistent with the purposes and policies of
any relevant Safe Harbor Agreements or Candidate Conservation
Agreements entered into between the State of Oregon and agencies
of the United States Government, pursuant to the federal
Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et
seq.) and federal regulations + }.
  (4) The distances set forth in subsection (3)(a) and (b) of
this section are solely for the purpose of defining an area
within which a hearing may be requested under ORS 527.700 and not
the area to be protected by the board's rules adopted pursuant to
ORS 527.710 (3)(c).
  (5) For the purpose of determining the distances set forth in
subsection (3)(a) and (b) of this section 'site' means the
specific resource site and not any additional buffer area.
  (6) An operator, timber owner or landowner, before commencing
an operation, shall notify the State Forester. The notification
shall be on forms provided by the State Forester and shall
include the name and address of the operator, timber owner and
landowner, the legal description of the operating area, and any
other information considered by the State Forester to be
necessary for the administration of the rules promulgated by the
board pursuant to ORS 527.710. Promptly upon receipt of such
notice, the State Forester shall send a copy of the notice to
whichever of the operator, timber owner or landowner did not
submit the notification. The State Forester shall send a copy of
notices involving chemical applications to persons within 10
miles of the chemical application who hold downstream surface
water rights pursuant to ORS chapter 537, if such a person has
requested that notification in writing. The board shall adopt
rules specifying the information to be contained in the notice.
All information filed with the State Forester pertaining to
chemical applications shall be public record.
  (7) An operator, timber owner or landowner, whichever filed the
original notification, shall notify the State Forester of any
subsequent change in the information contained in the
notification.
  (8) Within three working days of receipt of a notice or a
written plan filed under subsection (6) or (7) of this section,
the State Forester shall send a copy of the notice or written
plan to any person who requested of the State Forester in writing
that the person be sent copies of notice and written plan and who
has paid any applicable fee established by the State Forester for
such service. The State Forester may establish a fee for sending
copies of notices and written plans under this subsection not to
exceed the actual and reasonable costs. In addition, the State
Forester shall send a copy of the notification to the Department
of Revenue and the county assessor for the county in which the
operation is located, at times and in a manner determined through
written cooperative agreement by the parties involved.
  (9) Persons may submit written comments pertaining to the
operation to the State Forester within 14 calendar days of the
date the notice or written plan was filed with the State Forester
under subsection (2), (6) or (7) of this section. Notwithstanding
the provisions of this subsection, the State Forester may waive
any waiting period for operations not requiring a written plan
under subsection (3) of this section, except those operations
involving aerial application of chemicals.
  (10) If an operator, timber owner or landowner is required to
submit a written plan of operations to the State Forester under
subsection (3) of this section:
  (a) The State Forester shall review a written plan and may
provide comments to the person who submitted the written plan;
  (b) The State Forester may not provide any comments concerning
the written plan earlier than 14 calendar days following the date
that the written plan was filed with the State Forester nor later
than 21 calendar days following the date that the written plan
was filed; and
  (c) Provided that notice has been provided as required by
subsection (6) of this section, the operation may commence on the
date that the State Forester provides comments or, if no comments
are provided within the time period established in paragraph (b)
of this subsection, at any time after 21 calendar days following
the date that the written plan was filed.
  (11)(a) Comments provided by the State Forester, or by the
board under ORS 527.700 (6), to the person who submitted the
written plan are for the sole purpose of providing advice to the
operator, timber owner or landowner regarding whether the
operation described in the written plan is likely to comply with
ORS 527.610 to 527.770 and rules adopted thereunder. Comments
provided by the State Forester or the board do not constitute an
approval of the written plan or operation.
  (b) If the State Forester or the board does not comment on a
written plan, the failure to comment does not mean that an
operation carried out in conformance with the written plan
complies with ORS 527.610 to 527.770 or rules adopted thereunder
nor does the failure to comment constitute a rejection of the
written plan or operation.
  (c) In the event that the State Forester or board determines
that an enforcement action may be appropriate concerning the
compliance of a particular operation with ORS 527.610 to 527.770
or rules adopted thereunder, the State Forester or board shall
consider, but are not bound by, comments that the State Forester
 
provided under this section or comments that the board provided
under ORS 527.700.
  (12) When the operation is required to have a written plan
under subsection (3) of this section and comments have been
timely filed under subsection (9) of this section pertaining to
the operation requiring a written plan, the State Forester shall:
  (a) Send a copy of the State Forester's review and comments, if
any, to persons who submitted timely written comments under
subsection (9) of this section pertaining to the operation; and
  (b) Send to the operator, timber owner and landowner a copy of
all timely comments submitted under subsection (9) of this
section.
 
                               { +
PUBLIC RECORDS EXEMPTION + }
 
  SECTION 6. 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 Science
University that is conducted using animals other than rodents.
This subsection does not apply to Oregon Health and Science
University press releases, websites or other publications
circulated to the general public.
   { +  (31) Land management plans required for voluntary
stewardship agreements entered into under ORS 541.423. + }
  SECTION 7. 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) Land management plans required for voluntary
stewardship agreements entered into under ORS 541.423. + }
 
                               { +
MISCELLANEOUS + }
 
  SECTION 8.  { + The unit captions used in this 2007 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2007 Act. + }
                         ----------