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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2383
Sponsored by Representative EVANS, Senator GORSEK; Representatives LIVELY, MANNIX, NATHANSON, TRAN,
Senator MEEK (Presession filed.)
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.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act defines “transit security officers.” The Act says the officers may give tickets
to folks who do not follow mass transit district’s rules. The Act says the officers may use body
cameras to record when they are on the job. (Flesch Readability Score: 69.1).
Authorizes the general manager of a mass transit district to appoint transit security officers to
aid in the enforcement of mass transit ordinances. Defines “transit security officer.”
Provides that a transit security officer may wear a video camera on the person’s body that re-
cords the officer’s interactions with members of the public while the officer is on duty. Expands
public records exemption for law enforcement officers of video recordings resulting from the opera-
tion of a video camera worn upon the officer’s person to include transit security officers.
A BILL FOR AN ACT
Relating to mass transit districts; creating new provisions; and amending ORS 41.910, 153.005,
165.540, 192.345, 267.010, 267.150 and 807.115.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 153.005 is amended to read:
153.005. As used in this chapter:
(1) “Enforcement officer” means:
(a) A member of the Oregon State Police.
(b) A sheriff or deputy sheriff.
(c) A city marshal or a member of the police of a city, municipal or quasi-municipal corporation.
(d) A police officer commissioned by a university under ORS 352.121 or 353.125.
(e) An investigator of a district attorney’s office if the investigator is or has been certified as
a peace officer in this or any other state.
(f) An investigator of the Criminal Justice Division of the Department of Justice of the State
ofOregon.
(g) A Port of Portland peace officer.
(h) A humane special agent as defined in ORS 181A.345.
(i) A regulatory specialist exercising authority described in ORS 471.775 (2).
(j) An authorized tribal police officer as defined in ORS 181A.940.
(k) A transit security officer as defined in ORS 267.010.
[(k)] (L) Any other person specifically authorized by law to issue citations for the commission
ofviolations.
(2) “Traffic offense” has the meaning given that term in ORS 801.555.
(3) “Violation” means an offense described in ORS 153.008.
(4) “Violation proceeding” means a judicial proceeding initiated by issuance of a citation that
charges a person with commission of a violation.
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
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SECTION 2. ORS 267.010 is amended to read:
267.010. As used in ORS 267.010 to 267.394, unless the context requires otherwise:
(1) “District” means a mass transit district established under ORS 267.010 to 267.394.
(2) “District board” or “board” means the board of directors of a district.
(3)(a) “Transit security officer” means an individual who:
(A) Is employed by the district and is appointed and duly sworn in by the general man-
ager;and
(B) Has completed all necessary technical, administrative and other training to issue ci-
tations as provided under ORS 267.150 and ORS chapter 153.
(b) “Transit security officers” are not peace officers and may not carry firearms.
[(3)] (4) “Mass transit system” or “transit system” means the property, equipment and improve-
ments of whatever nature owned, used, constructed, maintained, controlled or operated to provide
mass transportation for passengers or to provide for the movement of people, including park-and-ride
stations, transfer stations, parking lots, malls and skyways, provided that nothing contained herein
shall limit the power of a city to exercise its general powers over or provide such stations, lots,
malls or skyways.
[(4)] (5) “Metropolitan statistical area” means an area designated by the United States Office
of Management and Budget as a metropolitan statistical area.
SECTION 3. ORS 267.150 is amended to read:
267.150. (1) The legislative authority of a district board shall be exercised by ordinance.
(2) The board may enact police ordinances relating to the protection, use and enjoyment of dis-
trict property and facilities.
(3) A district may appoint peace officers who shall have the same authority as other peace of-
ficers, except that such authority shall be limited to the enforcement of police ordinances of the
district and the enforcement, for purposes relating to the protection, use and enjoyment of district
property and facilities, of state and local laws.
(4) A district may appoint transit security officers who may issue citations for violations
of police ordinances of the district.
[(3)] (5) The board may, by ordinance, provide a procedure for the conduct of public hearings
on proposed changes in transit routes and schedules. The board may delegate to the general man-
ager or other administrative officer the authority to conduct such hearings.
[(4)] (6) An ordinance [shall not be] is not required for a mass transit district to adopt temporary
or experimental changes in routes and schedules.
SECTION 4. ORS 807.115, as amended by section 4, chapter 63, Oregon Laws 2024, is amended
to read:
807.115. (1) The Department of Transportation shall retain a digital image of each photograph
and signature shown on a driver license under the provisions of ORS 807.110 or an identification
card under ORS 807.400.
(2) The digital images of photographs may not be made available to anyone other than law
enforcement officials, [and] employees of the department acting in an official capacity and em-
ployees of a mass transit district designated by the general manager .
(3) As used in this section[,]:
(a) “Law enforcement official” includes a humane special agent as defined in ORS 181A.345.
(b) “Mass transit district” means a mass transit district established under ORS 267.010
to267.394.
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SECTION 5. ORS 165.540 is amended to read:
165.540. (1) Except as otherwise provided in ORS 133.724 or 133.726 or subsections (2) to (8) of
this section, a person may not:
(a) Obtain or attempt to obtain the whole or any part of a telecommunication or a radio com-
munication to which the person is not a participant, by means of any device, contrivance, machine
or apparatus, whether electrical, mechanical, manual or otherwise, unless consent is given by at
least one participant.
(b) Tamper with the wires, connections, boxes, fuses, circuits, lines or any other equipment or
facilities of a telecommunication or radio communication company over which messages are trans-
mitted, with the intent to obtain unlawfully the contents of a telecommunication or radio communi-
cation to which the person is not a participant.
(c) Obtain or attempt to obtain the whole or any part of a conversation by means of any device,
contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, if not all
participants in the conversation are specifically informed that their conversation is being obtained.
(d) Obtain the whole or any part of a conversation, telecommunication or radio communication
from any person, while knowing or having good reason to believe that the conversation, telecom-
munication or radio communication was initially obtained in a manner prohibited by this section.
(e) Use or attempt to use, or divulge to others, any conversation, telecommunication or radio
communication obtained by any means prohibited by this section.
(2)(a) The prohibitions in subsection (1)(a), (b) and (c) of this section do not apply to:
(A) Officers, employees or agents of a telecommunication or radio communication company who
perform the acts prohibited by subsection (1)(a), (b) and (c) of this section for the purpose of con-
struction, maintenance or conducting of their telecommunication or radio communication service,
facilities or equipment.
(B) Public officials in charge of and at jails, police premises, sheriffs’ offices, Department of
Corrections institutions and other penal or correctional institutions, except as to communications
or conversations between an attorney and the client of the attorney.
(b) Officers, employees or agents of a telecommunication or radio communication company who
obtain information under paragraph (a) of this subsection may not use or attempt to use, or divulge
to others, the information except for the purpose of construction, maintenance, or conducting of
their telecommunication or radio communication service, facilities or equipment.
(3) The prohibitions in subsection (1)(a), (b) or (c) of this section do not apply to subscribers or
members of their family who perform the acts prohibited in subsection (1) of this section in their
homes.
(4) The prohibitions in subsection (1)(a) of this section do not apply to the receiving or obtaining
of the contents of any radio or television broadcast transmitted for the use of the general public.
(5) The prohibitions in subsection (1)(c) of this section do not apply to:
(a) A person who records a conversation during a felony that endangers human life;
(b) A person who records a conversation in which a law enforcement officer is a participant, if:
(A) The recording is made while the officer is performing official duties;
(B) The recording is made openly and in plain view of the participants in the conversation;
(C) The conversation being recorded is audible to the person by normal unaided hearing; and
(D) The person is in a place where the person lawfully may be;
(c)(A) A person who, pursuant to ORS 133.400, records an interview conducted by a peace officer
in a law enforcement facility; or
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(B) A person who, pursuant to ORS 133.402, records a custodial interview, as defined ORS
133.402;
(d) A law enforcement officer who is in uniform and displaying a badge and who is operating:
(A) A vehicle-mounted video camera that records the scene in front of, within or surrounding
a police vehicle, unless the officer has reasonable opportunity to inform participants in the conver-
sation that the conversation is being obtained; or
(B) A video camera worn upon the officer’s person that records the officer’s interactions with
members of the public while the officer is on duty, unless:
(i) The officer has an opportunity to announce at the beginning of the interaction that the con-
versation is being obtained; and
(ii) The announcement can be accomplished without causing jeopardy to the officer or any other
person and without unreasonably impairing a criminal investigation; [or]
(e) A law enforcement officer who, acting in the officer’s official capacity, deploys an Electro-
Muscular Disruption Technology device that contains a built-in monitoring system capable of re-
cording audio or video, for the duration of that deployment[.]; or
(f) A transit security officer, as defined in ORS 267.010, who is in uniform and wearing
a video camera upon the officer’s person that records the officer’s interactions with mem-
bers of the public while the officer is on duty.
(6)(a) The prohibitions in subsection (1)(c) of this section do not apply to persons who intercept
or attempt to intercept oral communications that are part of any of the following proceedings, if the
person uses an unconcealed recording device or if the communications occur through a video con-
ferencing program:
(A) Public or semipublic meetings such as hearings before governmental or quasi-governmental
bodies, trials, press conferences, public speeches, rallies and sporting or other events;
(B) Regularly scheduled classes or similar educational activities in public or private institutions;
or
(C) Private meetings or conferences if all others involved knew or reasonably should have
known that the recording was being made.
(b) The prohibitions in subsection (1)(c) of this section do not apply to a person who, with the
intent to capture alleged unlawful activity, obtains or attempts to obtain a conversation occurring
through a video conferencing program if the person is a participant in the conversation, or at least
one participant in the conversation consents to the recording, and:
(A) The person is a law enforcement officer or is acting in coordination with a law enforcement
officer;
(B) The person is acting in coordination with an attorney or an enforcement or regulatory en-
tity;or
(C) The person reasonably believes that the recording may be used as evidence in a judicial or
administrative proceeding.
(7) The prohibitions in subsection (1)(a), (c), (d) and (e) of this section do not apply to any:
(a) Radio communication that is transmitted by a station operating on an authorized frequency
within the amateur or citizens bands; or
(b) Person who intercepts a radio communication that is transmitted by any governmental, law
enforcement, civil defense or public safety communications system, including police and fire, readily
accessible to the general public provided that the interception is not for purposes of illegal activity.
(8) The prohibitions in subsection (1)(d) and (e) of this section do not apply to a person who did
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not participate in initially obtaining the conversation, telecommunication or radio communication
if the conversation, telecommunication or radio communication is regarding a matter of public con-
cern.
(9) Violation of subsection (1) or (2)(b) of this section is a Class A misdemeanor.
(10) The exception described in subsection (5)(b) of this section does not authorize the person
recording the law enforcement officer to engage in criminal trespass as described in ORS 164.243,
164.245, 164.255, 164.265 or 164.278 or to interfere with a peace officer as described in ORS 162.247.
(11) As used in this section:
(a) “Electro-Muscular Disruption Technology device” means a device that uses a high-voltage,
low power charge of electricity to induce involuntary muscle contractions intended to cause tem-
porary incapacitation. “Electro-Muscular Disruption Technology device” includes devices commonly
known as tasers.
(b) “Law enforcement officer” has the meaning given that term in ORS 133.726.
SECTION 6. ORS 41.910 is amended to read:
41.910. Evidence of the contents of any wire or oral communication intercepted:
(1) In violation of ORS 165.540 [shall not be] is not admissible in any court of this state, except
as evidence of unlawful interception or when the evidence was created by the use of a video camera
worn upon a law enforcement officer’s person and the officer either substantially complied with or
attempted in good faith to comply with ORS 165.540 (5)(d)(B).
(2) In violation of ORS 165.540 is not admissible in any court of this state, except as evi-
dence of unlawful interception or when the evidence was created by the use of a video cam-
era worn upon a transit security officer’s person and the officer either substantially complied
with or attempted in good faith to comply with ORS 165.540 (5)(f).
[(2)] (3) Under ORS 165.540 (2)(a) [shall not be] is not admissible in any court of this state un-
less:
(a) The communication was intercepted by a public official in charge of and at a jail, police
premises, sheriff’s office, Department of Corrections institution or other penal or correctional insti-
tution; and
(b) The participant in the communication, against whom the evidence is being offered, had actual
notice that the communication was being monitored or recorded.
(4) As used in this section, “transit security officer” has the meaning given that term in
ORS 267.010.
SECTION 7. (1)(a) A mass transit district shall establish policies and procedures for the
use, storage and retention of video and audio recordings resulting from the operation of
video cameras worn upon a transit security officer’s person that record the officer’s inter-
actions with members of the public while the officer is on duty.
(b) The policies and procedures described in paragraph (a) of this subsection must in-
clude:
(A) A requirement that a recording be retained for at least 180 days but no more than
30 months for a recording not related to a court proceeding or ongoing criminal investi-
gation, or for the same period of time that evidence is retained in the normal course of the
court’s business for a recording related to a court proceeding.
(B) A requirement that a camera worn upon a transit security officer’s person be set to
record continuously, beginning when the officer develops reasonable suspicion or probable
cause to believe that a crime or violation has occurred, is occurring or will occur and the
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transit security officer begins to make contact with the person suspected of committing the
offense. The policies and procedures must also require that the camera may subsequently
cease recording no sooner than the termination of the officer’s participation in the contact.
(C) A requirement that in any contract with a third party vendor for data storage, re-
cordings from the camera are the property of the mass transit district, are not owned by the
vendor and cannot be used by the vendor for any purpose inconsistent with the policies and
procedures of the mass transit district.
(D) A prohibition on the use of facial recognition or other biometric matching technology
to analyze recordings obtained through the use of the camera.
(E) A prohibition on the use of any recordings obtained from the camera for any purpose
other than a legitimate law enforcement purpose.
(c) Notwithstanding paragraph (b)(B) of this subsection, a mass transit district may in
its policies and procedures provide for exceptions to the recording requirements of paragraph
(b)(B) of this subsection, provided that the exceptions are based on reasonable privacy con-
cerns, exigent circumstances or the safety of transit security officers or other persons.
(2) As used in this section:
(a) “Mass transit district” means a mass transit district established under ORS 267.010
to 267.394.
(b) “Transit security officer” has the meaning given that term in ORS 267.010.
SECTION 8. ORS 192.345 is amended to read:
192.345. The following public records are exempt from disclosure under ORS 192.311 to 192.478
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 bi-
ographicalinformation;
(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;
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(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 estab-
lish production quotas, and the amounts of such fees or assessments payable or paid, to the extent
that such information is in a form that would permit identification of the individual concern or en-
terprise. 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 pa-
tient care.Nothing in this subsection shall limit the use that 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 De-
partment 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) Fish and wildlife 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
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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 re-
ceives 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 para-
graph, “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 af-
filiated 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, pro-
cedures or standards, that may include self-criticism and that has been filed by the telecommuni-
cations 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, excluding appraisals obtained in the course of transactions involving an
interest in real estate that is acquired, leased, rented, exchanged, transferred or otherwise disposed
of as part of the project, but only after the transactions have closed and are concluded;
(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
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disruption to, or interference with, services; or
(c) Disrupt, interfere with or gain unauthorized access to public funds or to information pro-
cessing, 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 infor-
mation 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 a public university listed in ORS 352.002 about a person who has or who is
interested in donating money or property to the Oregon Health and Science University or a public
university, 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 a public university listed in ORS 352.002.
(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, re-
ceive 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 public university 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 pub-
lic.
(31) If requested by a public safety officer, as defined in ORS 181A.355, or a county juvenile
department employee who is charged with and primarily performs duties related to the custody,
control or supervision of adjudicated youths confined in a detention facility, as defined in ORS
419A.004:
(a) The home address and home telephone number of the public safety officer or county juvenile
department employee contained in the voter registration records for the officer or employee.
(b) The home address and home telephone number of the public safety officer or county juvenile
department employee contained in records of the Department of Public Safety Standards and Train-
ing.
(c) The name of the public safety officer or county juvenile department employee contained in
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county real property assessment or taxation records. This exemption:
(A) Applies only to the name of the officer or employee and any other owner of the property in
connection with a specific property identified by the officer or employee 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 officer or employee 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 officer or employee is disclosed
after a request for exemption from disclosure is made under this subsection.
(32) Unless the public records request is made by a financial institution, as defined in ORS
706.008, consumer finance company licensed under ORS chapter 725, mortgage banker or mortgage
broker licensed under ORS 86A.095 to 86A.198, or title company for business purposes, records de-
scribed in paragraph (a) of this subsection, if the exemption from disclosure of the records is sought
by an individual described in paragraph (b) of this subsection using the procedure described in par-
agraph (c) of this subsection:
(a) 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 that is set forth in:
(A) A warranty deed, deed of trust, mortgage, lien, deed of reconveyance, release, satisfaction,
substitution of trustee, easement, dog license, marriage license or military discharge record that is
in the possession of the county clerk; or
(B) Any public record of a public body other than the county clerk.
(b) The individual claiming the exemption from disclosure must be a district attorney, a deputy
district attorney, the Attorney General or an assistant attorney general, the United States Attorney
for the District of Oregon or an assistant United States attorney for the District of Oregon, a city
attorney who engages in the prosecution of criminal matters or a deputy city attorney who engages
in the prosecution of criminal matters.
(c) The individual claiming the exemption from disclosure must do so by filing the claim in
writing with the public body for which the exemption from disclosure is being claimed on a form
prescribed by the public body. Unless the claim is filed with the county clerk, the claim form shall
list the public records in the possession of the public body to which the exemption applies. The ex-
emption applies until the individual claiming the exemption requests termination of the exemption
or ceases to qualify for the exemption.
(33) The following voluntary conservation agreements and reports:
(a) Land management plans required for voluntary stewardship agreements entered into under
ORS 541.973; and
(b) Written agreements relating to the conservation of greater sage grouse entered into volun-
tarily by owners or occupiers of land with a soil and water conservation district under ORS 568.550.
(34) Sensitive business records or financial or commercial information of the State Accident In-
surance Fund Corporation that is not customarily provided to business competitors. This exemption
does not:
(a) Apply to the formulas for determining dividends to be paid to employers insured by the State
Accident Insurance Fund Corporation;
(b) Apply to contracts for advertising, public relations or lobbying services or to documents re-
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lated to the formation of such contracts;
(c) Apply to group insurance contracts or to documents relating to the formation of such con-
tracts, except that employer account records shall remain exempt from disclosure as provided in
ORS 192.355 (35); or
(d) Provide the basis for opposing the discovery of documents in litigation pursuant to the ap-
plicable rules of civil procedure.
(35) Records of the Department of Public Safety Standards and Training relating to investi-
gations conducted under ORS 181A.640 or 181A.870 (6), until the department issues the report de-
scribed in ORS 181A.640 or 181A.870.
(36) A medical examiner’s report, autopsy report or laboratory test report ordered by a medical
examiner under ORS 146.117.
(37) Any document or other information related to an audit of a public body, as defined in ORS
174.109, that is in the custody of an auditor or audit organization operating under nationally re-
cognized government auditing standards, until the auditor or audit organization issues a final audit
report in accordance with those standards or the audit is abandoned. This exemption does not pro-
hibit disclosure of a draft audit report that is provided to the audited entity for the entity’s response
to the audit findings.
(38)(a) Personally identifiable information collected as part of an electronic fare collection sys-
tem of a mass transit system.
(b) The exemption from disclosure in paragraph (a) of this subsection does not apply to public
records that have attributes of anonymity that are sufficient, or that are aggregated into groupings
that are broad enough, to ensure that persons cannot be identified by disclosure of the public re-
cords.
(c) As used in this subsection:
(A) “Electronic fare collection system” means the software and hardware used for, associated
with or relating to the collection of transit fares for a mass transit system, including but not limited
to computers, radio communication systems, personal mobile devices, wearable technology, fare in-
struments, information technology, data storage or collection equipment, or other equipment or im-
provements.
(B) “Mass transit system” has the meaning given that term in ORS 267.010.
(C) “Personally identifiable information” means all information relating to a person that ac-
quires or uses a transit pass or other fare payment medium in connection with an electronic fare
collection system, including but not limited to:
(i) Customer account information, date of birth, telephone number, physical address, electronic
mail address, credit or debit card information, bank account information, Social Security or taxpayer
identification number or other identification number, transit pass or fare payment medium balances
or history, or similar personal information; or
(ii) Travel dates, travel times, frequency of use, travel locations, service types or vehicle use,
or similar travel information.
(39)(a) If requested by a civil code enforcement officer:
(A) The home address and home telephone number of the civil code enforcement officer con-
tained in the voter registration records for the officer.
(B) The name of the civil code enforcement officer contained in county real property assessment
or taxation records. This exemption:
(i) Applies only to the name of the civil code enforcement officer and any other owner of the
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property in connection with a specific property identified by the officer in a request for exemption
from disclosure;
(ii) Applies only to records that may be made immediately available to the public upon request
in person, by telephone or using the Internet;
(iii) Applies until the civil code enforcement officer requests termination of the exemption;
(iv) Does not apply to disclosure of records among public bodies as defined in ORS 174.109 for
governmental purposes; and
(v) May not result in liability for the county if the name of the civil code enforcement officer
is disclosed after a request for exemption from disclosure is made under this subsection.
(b) As used in this subsection, “civil code enforcement officer” means an employee of a public
body, as defined in ORS 174.109, who is charged with enforcing laws or ordinances relating to land
use, zoning, use of rights-of-way, solid waste, hazardous waste, sewage treatment and disposal or the
state building code.
(40) Audio or video recordings, whether digital or analog, resulting from a law enforcement
officer’s or transit security officer’s, as defined in ORS 267.010, operation of a video camera
worn upon the officer’s person that records the officer’s interactions with members of the public
while the officer is on duty. When a recording described in this subsection is subject to disclosure,
the following apply:
(a) Recordings that have been sealed in a court’s record of a court proceeding or otherwise or-
dered by a court not to be disclosed may not be disclosed.
(b) A request for disclosure under this subsection must identify the approximate date and time
of an incident for which the recordings are requested and be reasonably tailored to include only that
material for which a public interest requires disclosure.
(c) A video recording disclosed under this subsection must, prior to disclosure, be edited in a
manner as to render the faces of all persons within the recording unidentifiable.
(41) The contents of tips reported to a tip line, as defined in ORS 339.329. However, personally
identifiable information, as defined in ORS 339.329, is not subject to public interest balancing under
this section and remains exempt from disclosure except as provided in ORS 339.329.
(42) Residential addresses of individuals with intellectual or developmental disabilities residing
in adult foster homes as defined in ORS 443.705 or residential training facilities or residential
training homes as those terms are defined in ORS 443.400.
(43) The name, home address, professional address or location of an individual who is authorized
to provide physical and behavioral health care services in this state and who provides reproductive
and gender-affirming health care services.
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