Chapter 955 Oregon Laws 1999

Session Law

AN ACT

HB 2488

Relating to corrections; creating new provisions; amending ORS 192.502, 421.305, 421.312, 421.340, 421.405, 421.412, 421.437, 421.442, 421.444, 421.445 and 421.990; repealing ORS 421.325, 421.343, 421.410, 421.434 and 421.440; appropriating money; and prescribing an effective date.

Be It Enacted by the People of the State of Oregon:

SECTION 1. This 1999 Act does not take effect unless the amendment to the Oregon Constitution proposed by House Joint Resolution 82 (1999) is approved by the people. This 1999 Act takes effect on the effective date of that constitutional amendment.

SECTION 2. Sections 3 to 14 of this 1999 Act are added to and made a part of ORS chapter 421.

SECTION 3. There is established Oregon Corrections Enterprises, a semi-independent agency. The Director of the Department of Corrections shall assign or appoint an administrator who shall serve at the pleasure of the director. The administrator shall have authority to do all things necessary and convenient to carry out sections 3 to 14 of this 1999 Act and ORS 192.502, 421.305, 421.312, 421.412, 421.442, 421.444 and 421.445.

SECTION 4. (1) The administrator of Oregon Corrections Enterprises shall establish, by the issuance of a policy directive or order, an advisory council consisting of not fewer than three members to provide policy input concerning Oregon Corrections Enterprises operations and its discharge of the functions and duties prescribed by section 41, Article I of the Oregon Constitution, and sections 3 to 14 of this 1999 Act and ORS 192.502, 421.305, 421.312, 421.412, 421.442, 421.444 and 421.445. The council shall select one of its members as chairperson. The council shall meet not less frequently than semiannually at the offices of Oregon Corrections Enterprises. The council shall meet at such other times and places specified by the administrator. All members shall be entitled to expenses as provided in ORS 292.495.

(2) The membership of the advisory council shall consist of at least one representative of each of the following interests, as determined at the discretion of the administrator:

(a) At least one member shall be a person who has experience in, and can represent the interests and perspective of the banking or finance industry;

(b) At least one member shall be a person who has experience in and can represent the interests and perspective of private business in Oregon; and

(c) At least one member shall be a person who has experience in the field of labor relations and can represent the interests and perspective of organized labor.

(3) Members of the advisory council must be citizens of the United States and residents of the State of Oregon. No member of the council may be an employee of the Department of Corrections or of Oregon Corrections Enterprises.

(4) The order or policy directive that establishes the advisory council may specify the terms of office of members of the council and may provide for removal of members from the advisory council by the administrator, either at the pleasure of the administrator or for other grounds specified in the order or policy directive. Upon the expiration or termination of the term of any member appointed to represent an interest under subsection (2) of this section, the administrator shall appoint a successor to represent that interest. A member of the advisory council shall be eligible for reappointment.

SECTION 5. In addition to the advisory council required by section 4 of this 1999 Act, the administrator may establish, by the issuance of a policy directive or order, one or more advisory committees, bodies or advisors to advise and assist Oregon Corrections Enterprises in discharging its functions and duties as prescribed by section 41, Article I of the Oregon Constitution, and sections 3 to 14 of this 1999 Act and ORS 192.502, 421.305, 421.312, 421.412, 421.442, 421.444 and 421.445. The administrator may authorize the payment of expenses, as provided in ORS 292.495, to the members of any advisory committee or body established under this section.

SECTION 6. (1) The provisions of ORS chapters 182, 183, 240, 270, 273, 276, 279, 283, 291, 292 and 293 and ORS 184.345, 190.430, 190.490, 200.035, 236.380, 236.605 to 236.640, 243.303, 243.305, 243.315, 243.325 to 243.335, 243.345, 243.350, 243.696, 281.210 to 281.260, 282.010 to 282.150 and 656.017 (2) shall not apply to Oregon Corrections Enterprises.

(2) Oregon Corrections Enterprises shall not be subject to any provision of law enacted after the effective date of this 1999 Act that governs state agencies generally unless the provision specifically provides that it applies to Oregon Corrections Enterprises.

SECTION 7. (1) Oregon Corrections Enterprises may engage eligible inmates in state corrections institutions in work or on-the-job training. This authority is subject to the authority granted the Director of the Department of Corrections by section 41, Article I of the Oregon Constitution, and to any rules or orders issued by the director regarding care, custody and control of inmates. Oregon Corrections Enterprises shall ensure that all inmate work and on-the-job training programs are cost-effective and designed to develop inmate motivation, work capabilities, cooperation and successful transition into the community.

(2) Oregon Corrections Enterprises may enter into contracts or agreements with private persons or government agencies for the purpose of:

(a) Accomplishing the production and marketing of products or services produced or performed by inmates;

(b) Making prison work products or services available to any public agency and to any private enterprise; or

(c) Making prison work products available to any private person.

(3) Oregon Corrections Enterprises may make or enter into any agreement to assist inmates in making a successful transition upon release by state correction institutions.

(4) Oregon Corrections Enterprises shall carry out the public purposes and missions stated in section 41, Article I of the Oregon Constitution, and in this section in the manner that, in the determination of Oregon Corrections Enterprises, best promotes the public welfare of the people of the State of Oregon.

SECTION 8. (1) Oregon Corrections Enterprises shall report annually to the Governor and the Legislative Assembly regarding Oregon Corrections Enterprises activities and operations for the preceding year.

(2) Notwithstanding section 6 of this 1999 Act, Oregon Corrections Enterprises shall provide to the Oregon Department of Administrative Services such financial information as the Oregon Department of Administrative Services may require for purposes of completing the financial report described in ORS 291.040.

SECTION 9. All income and revenues generated or received by Oregon Corrections Enterprises shall remain within, and are continuously appropriated to, Oregon Corrections Enterprises for the purposes of discharging the functions and duties prescribed by section 41, Article I of the Oregon Constitution, and sections 3 to 14 of this 1999 Act and ORS 192.502, 421.305, 421.312, 421.412, 421.442, 421.444 and 421.445. There shall be no commingling of funds between Oregon Corrections Enterprises and the Department of Corrections.

SECTION 10. (1) The rights and obligations of the Department of Corrections legally incurred under contracts, leases and business transactions executed, entered into or begun before the effective date of this 1999 Act pertaining to inmate work programs shall be identified by the Director of the Department of Corrections and shall be transferred to Oregon Corrections Enterprises within 30 days after the effective date of this 1999 Act, or as soon thereafter as permitted by law. In the event that Oregon Corrections Enterprises is unable to fulfill any of the duties or obligations imposed upon it pursuant to this section, the Department of Corrections shall exercise such rights and fulfill such obligations as if they had not been transferred.

(2) All real and personal property, including intellectual property, owned on the effective date of this 1999 Act by the State of Oregon by and through the Oregon Department of Administrative Services or the Department of Corrections for purposes pertaining to inmate work programs, shall be identified by the Director of the Department of Corrections within 30 days after the effective date of this 1999 Act. Title to all real and personal property identified by the director shall be transferred to the State of Oregon by and through Oregon Corrections Enterprises as soon as practicable in the manner provided by law applicable to the property being transferred. In the event that Oregon Corrections Enterprises is substantially unable to fulfill its duties or obligations pursuant to sections 3 to 14 of this 1999 Act and ORS 192.502, 421.305, 421.312, 421.412, 421.442, 421.444 and 421.445, it shall transfer title to all real and personal property held by it at the time to the State of Oregon in a manner to be determined by the Oregon Department of Administrative Services.

(3) Notwithstanding subsection (2) of this section, title to real property located within any Department of Corrections institution shall not be transferred to Oregon Corrections Enterprises.

(4) Any debt incurred by Oregon Corrections Enterprises under sections 3 to 14 of this 1999 Act and ORS 192.502, 421.305, 421.312, 421.412, 421.442, 421.444 and 421.445 may be secured by real or personal property transferred to Oregon Corrections Enterprises under this section or any real or personal property acquired by Oregon Corrections Enterprises after the effective date of this 1999 Act. Neither the State of Oregon nor the Department of Corrections shall be liable for or bound by any of the duties, obligations, encumbrances or debts of Oregon Corrections Enterprises incurred after the effective date of this 1999 Act.

SECTION 11. (1) A state agency shall not charge Oregon Corrections Enterprises for services or products provided by the agency in an amount that exceeds the amount the agency charges other state agencies for the same services or products.

(2) Oregon Corrections Enterprises shall pay the cost of audits of Oregon Corrections Enterprises performed pursuant to the Secretary of State's statutory and constitutional authority.

SECTION 12. (1) Notwithstanding section 6 of this 1999 Act, ORS chapter 240 and ORS 243.303, 243.305, 243.315, 243.325 to 243.335, 243.345 and 243.350 shall apply to Oregon Corrections Enterprises until the administrator adopts a new personnel system. Until such time as a new personnel system is adopted, Oregon Corrections Enterprises shall exercise exclusive administrative authority and control over the Oregon Corrections Enterprises system.

(2) Oregon Corrections Enterprises may adopt an alternative employee benefit plan. Until the adoption of an alternative employee benefit plan, Oregon Corrections Enterprises employees may continue to participate in the Public Employees' Benefit Board employee benefit plan.

SECTION 13. (1) All persons employed by the Department of Corrections in inmate work programs on the effective date of this 1999 Act shall be offered continuation of their employment with Oregon Corrections Enterprises. Those employees who continue employment with Oregon Corrections Enterprises shall retain their Public Employees Retirement System status granted prior to the effective date of this 1999 Act. The terms and conditions of the continued employment shall be determined by the administrator. The terms and conditions of employment for Oregon Corrections Enterprises employees who may become represented for collective bargaining in the appropriate bargaining unit shall be determined in accordance with ORS 243.650 to 243.782, except for ORS 243.696. For purposes of collective bargaining, the appropriate bargaining unit shall be a separate unit composed exclusively of Oregon Corrections Enterprises employees.

(2) Notwithstanding the provisions of ORS chapter 237, Oregon Corrections Enterprises may offer to its employees alternative retirement programs in addition to the Public Employees Retirement System.

SECTION 14. Notwithstanding any other provision of law, the Attorney General, at the request of Oregon Corrections Enterprises, shall identify one or more assistant attorneys general to provide legal services related to the inmate work programs of Oregon Corrections Enterprises. At least one assistant attorney general shall have an office located at the main office of Oregon Corrections Enterprises as a primary office location.

SECTION 15. ORS 421.305 is amended to read:

421.305. (1) [The Director of the Department of Corrections, in accordance with rules adopted by the department, may] Subject to the authority of the Director of the Department of Corrections over care, custody and control of inmates and of corrections institutions, in carrying out the powers and duties generally described by section 7 of this 1999 Act, Oregon Corrections Enterprises may:

(a) Install and equip plants in any of the Department of Corrections institutions, or any other location, for the employment of any of the inmates therein in forms of industry and employment not inconsistent with section 41, Article I, Oregon Constitution, and this chapter.

(b) Purchase, acquire, install, maintain and operate materials, machinery and appliances necessary in the conduct and operation of such plants.

(c) [Enter into] Make any and all contracts or agreements [with], enter into any partnerships, joint ventures or other business arrangements, create and participate fully in the operation of any business structure, including but not limited to the development of business structures for inmate work program systems and networks with any public, private [business concerns or], government [agencies to], nonprofit or for-profit person or entity that in the judgment of Oregon Corrections Enterprises is necessary or appropriate to accomplish the marketing of products or services produced by inmates or the production of goods, wares or services by inmates [on behalf of the business concern or agency].

(d) Acquire, receive, hold, keep, pledge, control, convey, manage, use, lend, expend and invest all funds, appropriations and revenues received by Oregon Corrections Enterprises from any source.

(e) Determine, approve or adopt policies for the organization, administration and development of Oregon Corrections Enterprises.

(f) Sue in the name of Oregon Corrections Enterprises and be sued, plead and be impleaded in all actions, suits or proceedings in any forum brought by or against Oregon Corrections Enterprises by any and all private or local, federal or other public entities, agencies or persons. Oregon Corrections Enterprises shall not have authority to sue or be sued by the State of Oregon.

(g) Appoint and employ any instructional, administrative, professional, trade, occupational and other personnel as are necessary or appropriate to carry out the duties and missions of Oregon Corrections Enterprises, and prescribe their compensation and terms of office or employment.

(h) Purchase, acquire, receive, hold, control, convey, sell, manage, operate, lease, license, lend, invest, improve, develop, use, dispose of and hold title to real and personal property of any nature, including intellectual property, in the name of Oregon Corrections Enterprises.

(i) Hold, control, convey, sell, manage, operate, lease, license, lend, invest, improve, develop, use and dispose of any and all Oregon Corrections Enterprises products and services. Oregon Corrections Enterprises shall adopt policies regarding the sale of products and services of Oregon Corrections Enterprises, which products and services shall be sold for cash or on such terms as are approved by the administrator.

(j) Subject to ORS 283.085 to 283.092, borrow money for the needs of Oregon Corrections Enterprises in such amounts and for such time and upon such terms as may be determined by the administrator.

(k) Erect, construct, improve, develop, repair, maintain, equip, furnish, lease, lend, convey, sell, manage, operate, use, dispose of and hold title to buildings, structures and lands for Oregon Corrections Enterprises.

(L) Authorize, create, eliminate, establish, operate, reorganize, reduce or expand any program, system, facility or other unit of operation in furthering the missions of Oregon Corrections Enterprises.

(m) Establish, charge, collect and use charges and fees for Oregon Corrections Enterprises services and the use of Oregon Corrections Enterprises facilities.

(n) Establish agreements with any state agency for the performance of such duties, functions and powers as the administrator may determine to be appropriate.

(o) Make available, by lease or otherwise, or control access to any Oregon Corrections Enterprises facilities or services or other of its properties and assets to such persons, firms, partnerships, associations or corporations and on such terms the administrator considers appropriate, charge and collect rent or other fees or charges therefor and terminate or deny any such access or any such lease or other agreement for such reasons as the administrator considers appropriate and as may be consistent with the obligations of Oregon Corrections Enterprises under any such lease or other agreement.

(p) Contract for the operation of any department, section, equipment or holdings of Oregon Corrections Enterprises and enter into any agreements with a person, firm or corporation for the management by a person, firm or corporation on behalf of Oregon Corrections Enterprises of any of its properties or for the more efficient or economical performance of clerical, accounting, administrative and other functions relating to its inmate work program facilities.

(q) Enter into affiliation, cooperation, territorial, management or other similar agreements with other public or private inmate work programs for the sharing, division, allocation or furnishing of services on an exclusive or a nonexclusive basis, management of facilities, formation of Oregon Corrections Enterprises systems and other similar activities.

(2) Products and services provided to a private vendor pursuant to a contract under subsection (1)(c) of this section are not subject to the limits imposed by ORS 421.312.

(3)(a) Plants may be installed or equipped for purposes of this section [at such locations as the director may determine, whether] on [or off] the premises of a Department of Corrections institution upon approval by the Director of the Department of Corrections.

(b) The director shall have sole discretion regarding whether a plant may be installed on the premises of a Department of Corrections institution, and the director shall determine the manner of such installation.

(c) The director shall have sole discretion regarding access by any person to any plant under construction, installed or located on the premises of a Department of Corrections institution.

(d) The director may enter into any and all contracts or agreements, enter into any partnership, joint venture or other business arrangement and create and participate fully in the operation of any business structure, including but not limited to the development of business structures for inmate work program systems and networks with any public, private, government, nonprofit or for-profit person or entity that in the judgment of the director is necessary or appropriate to accomplish the production services by inmates.

(4) Compensation, if any, paid to inmates assigned to work in industries under this section shall be determined and established by the administrator of Oregon Corrections Enterprises upon the approval of the director. The prevailing wage paid in the marketplace for the work performed shall be paid to workers, other than inmates, who are employed to operate the industry provided for in this section.

(5) The director, in consultation with the administrator of Oregon Corrections Enterprises, shall adopt rules providing for the disposition of any compensation earned under this section.

SECTION 16. ORS 421.312 is amended to read:

421.312. (1) The Department of Corrections or Oregon Corrections Enterprises may enter into contracts or agreements with any agency of the Federal Government providing for the sale to such agency of goods, wares or merchandise manufactured, mined or produced in any of the Department of Corrections institutions of this state or by Oregon Corrections Enterprises, or providing for the furnishing of the labor or services of inmates of any such institutions to such agency, or containing both such provisions, when the President of the United States has, by official action, recognized the existence of a national emergency.

(2) A contract or agreement made pursuant to subsection (1) of this section may authorize the use of the facilities of any Department of Corrections institution or Oregon Corrections Enterprises facilities in conjunction with:

(a) The manufacturing, mining or producing of any goods, wares or merchandise being sold to an agency of the Federal Government.

(b) The furnishing of the labor or services of inmates of any Department of Corrections institution to any agency of the Federal Government.

SECTION 17. ORS 421.340 is amended to read:

421.340. The Department of Corrections and such officials as may direct or control the management of penal, correctional, custodial and charitable institutions of the state or its political subdivisions, and the youth correction facilities, shall jointly annually promulgate rules to authorize the purchase by such institutions of the products to be manufactured by [inmates in the Department of Corrections institutions of this state] Oregon Corrections Enterprises.

SECTION 18. ORS 421.405 is amended to read:

421.405. (1) Except as provided in subsection (2) of this section, no officer or employee of this state shall receive the use or profit of the labor or services of any inmate of a Department of Corrections institution, or be directly or indirectly interested in any contract or work upon which inmates are employed. However, this subsection does not prohibit inmates from doing work or services:

(a) As janitors or gardeners in or about the institutional premises or premises owned or controlled by Oregon Corrections Enterprises.

(b) As chauffeur or driver of a vehicle used by any prison official or employees of Oregon Corrections Enterprises in the discharge of official business.

(2) Subsection (1) of this section does not prohibit inmates from performing work or services as apprentices or trainees in a program conducted pursuant to ORS chapter 660 for any officer or employee of this state who does not exercise direct Department of Corrections institution supervisory authority over the inmates.

SECTION 19. ORS 421.412 is amended to read:

421.412. (1) Notwithstanding any other provision of law, the Department of Corrections or Oregon Corrections Enterprises may enter into a contract with a person for the purchase or donation of fruit, vegetables or other crops for use or consumption in state institutions. The contract may provide that any or all labor required inside or outside of the Department of Corrections institutions to harvest, load and transport the fruit, vegetables or other crop shall be performed by inmates confined in such institutions. The department or Oregon Corrections Enterprises may enter into a contract pursuant to this section only if it appears to the department or Oregon Corrections Enterprises that the contract would be advantageous [to the state].

(2) Notwithstanding any other provision of law, the [superintendent of a] Director of the Department of Corrections [institution], in compliance with the rules of the department, may authorize the use of inmates from the institution [under the supervision of the superintendent] for the purpose of harvesting, loading and transporting the fruit, vegetables or other crops which are the subject matter of a contract made under subsection (1) of this section.

(3) This section [does not authorize using] authorizes use of inmate labor for [sharecropping,] cultivating, clearing, grading, draining, restoring riparian areas and [or] other improvement of private or public land, or any contract or agreement therefor.

SECTION 20. ORS 421.437 is amended to read:

421.437. (1) Inmates who [engage] participate in [prison work] programs operated by the Department of Corrections or Oregon Corrections Enterprises shall be permitted to retain a portion of compensation earned, if any, for their personal use as determined and established by the Director of the Department of Corrections by rule. The director shall ensure that the rules adopted under this section are designed to:

(a) Instill in inmates a viable work ethic;

(b) Emulate private gainful employment;

(d) Maintain the safe, secure and orderly operation and management of department facilities.

(2) Except as otherwise required by federal law to permit transportation in interstate commerce of goods, wares or merchandise manufactured, produced or mined, wholly or in part by inmates, the rules adopted under subsection (1) of this section may not authorize inmates engaged in prison work programs to retain for their personal use more than 20 percent of gross compensation paid.

SECTION 21. ORS 421.444 is amended to read:

421.444. (1) The Department of Corrections and Oregon Corrections Enterprises each may acquire or develop intellectual property of any kind, whether patentable or copyrightable or not, including patents, copyrights, trademarks, inventions, discoveries, processes and ideas.

(2) The department and Oregon Corrections Enterprises each may manage, license, market, develop or dispose of [the department's] its intellectual property, in whole or in part, in any manner deemed by the department or Oregon Corrections Enterprises to be advisable for implementing, maintaining and developing prison work programs.

(3) Money received by the department or Oregon Corrections Enterprises as a result of its use, ownership, disposal or management of property acquired under this section or of transactions regarding such property shall be deposited in [the State Prison Work Programs Account] accounts maintained by the department or Oregon Corrections Enterprises as authorized by law.

SECTION 22. ORS 421.445 is amended to read:

421.445. Notwithstanding any other law, inmates participating in a [prison work] program operated by Oregon Corrections Enterprises may be supervised by any employee or agent of a local, state or federal governmental agency pursuant to an [intergovernmental] agreement between the agency and [the Department of Corrections] Oregon Corrections Enterprises. An [intergovernmental] agreement entered into under this section must require that the person exercising custodial supervision over inmates receive security training approved and provided by the Department of Corrections.

SECTION 23. 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 the public disclosure thereof 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)(a) Public body employee or volunteer addresses and telephone numbers contained in personnel records maintained by the public body that is the employer or the recipient of volunteer services. This exemption does not apply:

(A) To such employees or volunteers if they 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; or

(B) To such 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.

(b) Nothing in this subsection exempting employee records from disclosure relieves 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 thereof 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 chapter 238 and ORS 238.410.

(13) Records submitted by private persons or businesses to the State Treasurer or the Oregon Investment Council relating to proposed acquisition, exchange or liquidation of public investments under ORS chapter 293 may be treated as exempt from disclosure when and only to the extent that disclosure of such records reasonably may be expected to substantially limit the ability of the Oregon Investment Council to effectively compete or negotiate for, solicit or conclude such transactions. Records which relate to concluded transactions are not subject to this exemption.

(14) The monthly reports prepared and submitted under ORS 293.761 and 293.766 concerning the Public Employees Retirement Fund and the Industrial Accident Fund may be uniformly treated as exempt from disclosure for a period of up to 90 days after the end of the calendar quarter.

(15) Reports of unclaimed property filed by the holders of such property to the extent permitted by ORS 98.352.

(16) The following records, communications and information submitted to the Oregon Economic Development Commission, the Economic Development Department, the State Department of Agriculture, the Oregon Resource and Technology Development Corporation, the Port of Portland or other ports, as defined in ORS 777.005, by applicants for loans or services described in ORS 285A.224:

(a) Personal financial statements.

(b) Financial statements of applicants.

(d) Information of an applicant pertaining to litigation to which the applicant is a party if the complaint has been filed, or if the complaint has not been filed, if the applicant shows that such litigation is reasonably likely to occur; this exemption does not apply to litigation which has been concluded, and nothing in this paragraph shall limit any right or opportunity granted by discovery or deposition statutes to a party to litigation or potential litigation.

(e) Production, sales and cost data.

(f) Marketing strategy information that relates to applicant's plan to address specific markets and applicant's strategy regarding specific competitors.

(17) Records, reports or returns submitted by private concerns or enterprises required by law to be submitted to or inspected by a governmental body to allow it to determine the amount of any transient lodging tax payable and the amounts of such tax payable or paid, to the extent that such information is in a form which would permit identification of the individual concern or enterprise. Nothing in this subsection shall limit the use which can be made of such information for regulatory purposes or its admissibility in any enforcement proceedings. The public body shall notify the taxpayer of the delinquency immediately by certified mail. However, in the event that the payment or delivery of transient lodging taxes otherwise due to a public body is delinquent by over 60 days, the public body shall disclose, upon the request of any person, the following information:

(a) The identity of the individual concern or enterprise that is delinquent over 60 days in the payment or delivery of the taxes.

(b) The period for which the taxes are delinquent.

(18) All information supplied by a person under ORS 151.430 to 151.491 for the purpose of requesting court-appointed counsel, and all information supplied to the State Court Administrator from whatever source for the purpose of verifying indigency of a person pursuant to ORS 151.430 to 151.491.

(19) Workers' compensation claim records of the Department of Consumer and Business Services, except in accordance with rules adopted by the Director of the Department of Consumer and Business Services, in any of the following circumstances:

(a) When necessary for insurers, self-insured employers and third party claim administrators to process workers' compensation claims.

(b) When necessary for the director, other governmental agencies of this state or the 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) Sensitive business records or financial or commercial information of the Oregon Health Sciences University that is not customarily provided to business competitors.

(21) Records of the Oregon Health Sciences University regarding candidates for the position of university president.

(22) The records of a library, including circulation records, showing use of specific library material by a named person or consisting of the name of a library patron together with the address or telephone number, or both, of the patron.

(23) The following records, communications and information submitted to the Housing and Community Services Department 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.

(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.

(L) Housing assistance payment requests.

(24) Raster geographic information system (GIS) digital databases, provided by private forestland owners or their representatives, voluntarily and in confidence to the State Forestry Department, that is not otherwise required by law to be submitted.

(25) Sensitive business records, capital development plans or financial or commercial information of Oregon Corrections Enterprises that is not customarily provided to business competitors.

SECTION 24. This 1999 Act shall be liberally construed to effect the purposes and intent thereof. If any provision of this 1999 Act, or the application of that provision to any particular circumstance or person, shall be held invalid, the remainder of this 1999 Act and the application of that provision to circumstances or persons other than those to which it is held invalid shall not be affected thereby.

SECTION 25. ORS 421.990 is amended to read:

421.990. (1) Violation of ORS [421.325,] 421.340 [or 421.410] is punishable upon conviction by a fine not exceeding $1,000 or by imprisonment in the county jail for a term not exceeding one year, or both.

(2) Violation of ORS 421.105 (2) is punishable in the same manner as if the individual injured unlawfully was not convicted or sentenced.

SECTION 26. Except as otherwise provided in section 10 of this 1999 Act, all unexpended moneys, other than General Fund moneys, appropriated or available to the Department of Corrections for the purposes of any of its duties, functions or powers assumed by Oregon Corrections Enterprises pursuant to section 3 of this 1999 Act are appropriated to Oregon Corrections Enterprises.

SECTION 27. ORS 421.442 is amended to read:

421.442. (1) The [State Prison Work Programs Account is created] Department of Corrections may create accounts and subaccounts as reasonably required to discharge the functions and duties prescribed by section 41, Article I of the Oregon Constitution, including accounts and subaccounts for the deposit of income generated from prison work programs. Accounts and subaccounts created under this subsection shall be maintained separate and distinct from the General Fund. Moneys credited to the [account] accounts and subaccounts are continuously appropriated to the department [of Corrections] for the purpose of implementing, maintaining and developing prison work programs. [The account consists of income generated from prison work programs and any other revenues available to the account.] Moneys in the [account] department accounts or subaccounts may be transferred to the inmate injury component of the Insurance Fund for the payment of expenses therefrom authorized by law. Moneys in the [account] accounts or subaccounts may be invested as provided in ORS 293.701 to 293.790 and as authorized by ORS 421.305. Earnings on the investment of moneys in the [account] accounts or subaccounts shall be credited to the [account. The Prison Industries Board must approve expenditures from the account] respective account or subaccount.

(2) Oregon Corrections Enterprises may create accounts and subaccounts as reasonably required to discharge the functions and duties prescribed by section 41, Article I of the Oregon Constitution, sections 3 to 14 of this 1999 Act and ORS 192.502, 421.305, 421.312, 421.412, 421.444 and 421.445 and this section, including accounts and subaccounts for the deposit of income generated from prison work programs. All moneys collected or received by Oregon Corrections Enterprises shall be deposited into an account or subaccounts established by Oregon Corrections Enterprises in a depository bank insured by the Federal Deposit Insurance Corporation. The administrator shall ensure that sufficient collateral secures any amount of funds on deposit that exceeds the limits of the Federal Deposit Insurance Corporation's coverage. All moneys in the account or subaccounts are continuously appropriated to Oregon Corrections Enterprises for the purpose of implementing, maintaining and developing prison work programs. Moneys in the accounts or subaccounts may be invested as provided in ORS 293.701 to 293.790 and as authorized by ORS 421.305. Earnings on the investment of moneys in the accounts or subaccounts shall be credited to the respective account or subaccount.

(3) Moneys credited to or received by inmate work programs conducted by the department may not be commingled with moneys credited to or received by inmate work programs conducted by Oregon Corrections Enterprises.

[(2)] (4) Moneys in the [account] accounts or subaccounts are available for implementing, maintaining and developing prison work and on-the-job training programs, including, but not limited to:

(a) The purchase of all necessary machinery and equipment for establishing, equipping and enlarging prison industries;

(b) The purchase of raw materials, the payment of salaries and wages and all other expenses necessary and proper in the judgment of the Director of the Department of Corrections or the administrator of Oregon Corrections Enterprises in the conduct and operation of prison industries; and

(c) Department transfers to the inmate injury component of the Insurance Fund from the payment of expenses authorized by law.

[(3)] (5) No part of the [State Prison Work Programs Account] accounts or subaccounts may be expended for maintenance, repairs, construction or reconstruction, or general or special expenses of a Department of Corrections institution, other than for prison work and on-the-job training programs.

[(4)] (6) The transfers referred to in subsections (1) and [(2)(c)] (4)(c) of this section may be authorized by the Legislative Assembly, or the Emergency Board if the Legislative Assembly is not in session, whenever it appears to the Legislative Assembly or the board, as the case may be, that there are insufficient moneys in the inmate injury component of the Insurance Fund for the payment of expenses authorized by law.

SECTION 28. ORS 421.325, 421.343, 421.410, 421.434 and 421.440 are repealed.

Approved by the Governor August 17, 1999

Filed in the office of Secretary of State August 18, 1999

Effective date same as constitutional amendment proposed by HJR 82

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