Chapter 48 Oregon Laws 2008 Special Session
AN ACT
SB 1086
Relating to public records; amending ORS 192.501 and 205.246; and
declaring an emergency.
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[;].
(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;]
(31)(a) If requested
by a public safety officer, as defined in ORS 181.610, by a district attorney,
by a 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.
(b) If requested by a
public safety officer, as defined in ORS 181.610, the home address and home
telephone number of the public safety officer contained in records of the
Department of Public Safety Standards and Training.
(32) If requested by a
public safety officer, as defined in ORS 181.610, by a district attorney,
[or] by a 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[; and].
(33) Land management
plans required for voluntary stewardship agreements entered into under ORS
541.423.
SECTION 2.
ORS 192.501, as amended by section 3, chapter 455, Oregon Laws 2005, section 7,
chapter 608, Oregon Laws 2007, and section 2, chapter 687, Oregon Laws 2007, 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[;].
[(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;]
(30)(a) If requested
by a public safety officer, as defined in ORS 181.610, by a district attorney,
by a 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.
(b) If requested by a
public safety officer, as defined in ORS 181.610, the home address and home
telephone number of the public safety officer contained in records of the
Department of Public Safety Standards and Training.
(31) If requested by a
public safety officer, as defined in ORS 181.610, by a district attorney,
[or] by a 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[; and].
(32) Land management
plans required for voluntary stewardship agreements entered into under ORS
541.423.
SECTION 3.
ORS 205.246 is amended to read:
205.246. (1) The county
clerk shall record the following instruments required or permitted by law to be
recorded and entered in the office of the county clerk:
(a) Financing statements
recorded in the office of the county clerk under ORS 79.0501 (1)(a);
(b) Hospital and
physician liens recorded under ORS 87.565;
(c) Federal tax liens
and certificates and notices affecting federal tax liens recorded under ORS
87.806;
(d) Cooperative
contracts recorded under ORS 62.360;
(e) Special district
assessments attaching to real property;
(f) Lien foreclosure
statements recorded under ORS 87.202;
(g) A certified copy of
the judgment or a lien record abstract or other liens affecting the title to
real property;
(h) Building code
exemptions required under ORS 455.320 and 455.345;
(i) Construction liens
recorded under ORS 87.050;
(j) Liens upon chattels
recorded under ORS 87.246;
(k) Liens on real
property recorded under ORS 87.372;
(L) Employee benefit
plan liens recorded under ORS 87.860;
(m) Attorney liens
recorded under ORS 87.455 and 87.460;
(n) Long term care liens
recorded under ORS 87.517;
(o) Ambulance services
liens recorded under ORS 87.623;
(p) Community property
records recorded under ORS 108.530;
(q) Sheriff transfer of
records recorded under ORS 206.100;
(r) Corrected
instruments required under ORS 205.244;
(s) Mineral and mining
records required under ORS 517.030, 517.052, 517.160, 517.180, 517.210,
517.220, 517.280, 517.310 and 517.320;
(t) Copies of records
certified by a county clerk or court clerk;
(u) Subdivision and
partition plats recorded under ORS 92.140;
(v) Condominiums
recorded under ORS chapter 100;
(w) Requests for notice
of transfer or encumbrance or terminations of requests for notice of transfer
or encumbrance presented for recordation under ORS 411.694;
(x) Bankruptcy documents
presented for recordation under ORS 93.770; [and]
(y) A written warranty
agreement under ORS 701.605; and
(z) An order or decision
under section 8 (7), chapter 424,
(2) The county clerk
shall charge and collect fees specified in ORS 205.320, 205.327 and 205.350 for
recording an instrument required to be recorded under subsection (1) of this
section.
(3) Indexes may be
maintained for instruments recorded under subsection (1) of this section in the
same manner as provided in ORS 205.160.
SECTION 4. This
2008 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2008 Act takes
effect on its passage.
Approved by the Governor March 11, 2008
Filed in the office of Secretary of State March 11, 2008
Effective date March 11, 2008
__________