75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1758
House Bill 2339
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Judiciary for Oregon District Attorneys' Association)
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.
Expands exemption from disclosure of certain personal
information of district attorney, deputy district attorney,
Attorney General or designated assistant attorney general to
include personal information contained within records of all
public bodies receiving request to not disclose.
A BILL FOR AN ACT
Relating to exemptions from disclosure of information; amending
ORS 192.501.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 192.501, as amended by section 1, chapter 48,
Oregon Laws 2008, 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 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)(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, 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. - }
{ + (31) If requested by a public safety officer, as defined
in ORS 181.610:
(a) The home address and home telephone number of the public
safety officer contained in the voter registration records for
the public safety officer.
(b) The home address and home telephone number of the public
safety officer contained in records of the Department of Public
Safety Standards and Training.
(c) The name of the public safety officer contained in county
real property assessment or taxation records. This exemption:
(A) Applies only to the name of the public safety officer and
any other owner of the property in connection with a specific
property identified by the officer 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 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 the county if the name of
the public safety officer is disclosed after a request for
exemption from disclosure is made under this subsection. + }
{ +
(32) If requested by a district attorney, a deputy district
attorney, the Attorney General or an assistant attorney general
designated by the Attorney General, the home address, home or
cellular telephone number or personal electronic mail address
contained in the records of any public body that has received the
request. + }
(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,
section 2, chapter 687, Oregon Laws 2007, and section 2, chapter
48, Oregon Laws 2008, 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)(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, 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. - }
{ + (30) If requested by a public safety officer, as defined
in ORS 181.610:
(a) The home address and home telephone number of the public
safety officer contained in the voter registration records for
the public safety officer.
(b) The home address and home telephone number of the public
safety officer contained in records of the Department of Public
Safety Standards and Training.
(c) The name of the public safety officer contained in county
real property assessment or taxation records. This exemption:
(A) Applies only to the name of the public safety officer and
any other owner of the property in connection with a specific
property identified by the officer 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 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 the county if the name of
the public safety officer is disclosed after a request for
exemption from disclosure is made under this subsection. + }
{ +
(31) If requested by a district attorney, a deputy district
attorney, the Attorney General or an assistant attorney general
designated by the Attorney General, the home address, home or
cellular telephone number or personal electronic mail address
contained in the records of any public body that has received the
request. + }
(32) Land management plans required for voluntary stewardship
agreements entered into under ORS 541.423.
----------