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 894
Senate Bill 64
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of State Treasurer Randall
Edwards for Oregon Investment Council)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Makes records of certain investments of State Treasurer, Oregon
Growth Account Board and Oregon Investment Council exempt from
disclosure under public records law.
A BILL FOR AN ACT
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 Oregon:
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 Oregon law.
(10) Public records or information described in this section,
furnished by the public body originally compiling, preparing or
receiving them to any other public officer or public body in
connection with performance of the duties of the recipient, if
the considerations originally giving rise to the confidential or
exempt nature of the public records or information remain
applicable.
(11) Records of the Energy Facility Siting Council concerning
the review or approval of security programs pursuant to ORS
469.530.
(12) Employee and retiree address, telephone number and other
nonfinancial membership records and employee financial records
maintained by the Public Employees Retirement System pursuant to
ORS 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 United States to carry out their
duties, functions or powers.
(c) When the disclosure is made in such a manner that the
disclosed information cannot be used to identify any worker who
is the subject of a claim.
(d) When a worker or the worker's representative requests
review of the worker's claim record.
{ - (20) - } { + (21) + } Sensitive business records or
financial or commercial information of the Oregon Health and
Science University that is not customarily provided to business
competitors.
{ - (21) - } { + (22) + } Records of Oregon Health and
Science University regarding candidates for the position of
president of the university.
{ - (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. + }
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