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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3213
Sponsored by Representative CHAICHI; Representatives EVANS, GAMBA, GOMBERG, HUDSON, NATHANSON,
RUIZ, SOSA, WALTERS, Senator FREDERICK (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 applies public records laws to higher learning bodies. The Act tells higher
learning bodies to post certain annual reports. The Act declares an emergency and becomes law
when the Governor signs it. (Flesch Readability Score: 63.4).
Requires that public university foundations are subject to the public records laws of this state.
Specifies the records that are exempt from disclosure. Specifies the records that are not exempt from
disclosure. Requires public university foundations to release an annual report that is publicly
available on the website maintained by the public university foundation.
Declares an emergency, effective on passage.
A BILL FOR AN ACT
Relating to public records disclosure by public university foundations; creating new provisions;
amending ORS 192.311, 192.345 and 192.355; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 192.311 is amended to read:
192.311. As used in ORS 192.311 to 192.478:
(1) “Business day” means a day other than Saturday, Sunday or a legal holiday and on which
at least one paid employee of the public body that received the public records request is scheduled
to and does report to work. In the case of a community college district, community college service
district, public university, school district or education service district, “business day” does not in-
clude any day on which the central administration offices of the district or university are closed.
(2) “Custodian” means:
(a) The person described in ORS 7.110 for purposes of court records; or
(b) A public body mandated, directly or indirectly, to create, maintain, care for or control a
public record.“Custodian” does not include a public body that has custody of a public record as
an agent of another public body that is the custodian unless the public record is not otherwise
available.
(3) “Person” includes any natural person, corporation, partnership, firm, association or member
or committee of the Legislative Assembly.
(4) “Public body” includes every state officer, agency, department, division, bureau, board and
commission; every county and city governing body, school district, special district, municipal cor-
poration, and any board, department, commission, council, or agency thereof; any public university
foundation as defined in section 2 of this 2025 Act and any other public agency of this state.
(5)(a) “Public record” includes any writing that contains information relating to the conduct of
the public’s business, including but not limited to court records, mortgages, and deed records, pre-
pared, owned, used or retained by a public body regardless of physical form or characteristics.
(b) “Public record” does not include any writing that does not relate to the conduct of the
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.
LC 2066 HB3213
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public’s business and that is contained on a privately owned computer.
(6) “State agency” means any state officer, department, board, commission or court created by
the Constitution or statutes of this state but does not include the Legislative Assembly or its mem-
bers, committees, officers or employees insofar as they are exempt under section 9, Article IV of the
OregonConstitution.
(7) “Writing” means handwriting, typewriting, printing, photographing and every means of re-
cording, including letters, words, pictures, sounds, or symbols, or combination thereof, and all pa-
pers, maps, files, facsimiles or electronic recordings.
SECTION 2. (1) As used in this section, “public university foundation” means any not-
for-profit corporation, association or institution or a charitable organization that is:
(a) Organized and operated exclusively for the purpose of supporting one or more public
universities listed in ORS 352.002;
(b) Formed under the laws of this state; and
(c) Exempt from taxation under section 501(c)(3) of the Internal Revenue Code.
(2) Except as provided in this section, a public university foundation is subject to the
provisions of ORS 192.311 to 192.478.
(3) The following records maintained by a public university foundation are not subject to
disclosure under ORS 192.311 to 192.478:
(a) Information that would disclose the identity of a donor, prospective donor or volun-
teer.
(b) Personal financial information, estate planning information or gift planning informa-
tion of a donor, prospective donor or volunteer.
(c) Personal information related to any of a donor’s private trusts or a donor’s private
annuities administered by the public university foundation.
(d) Information related to fundraising plans, fundraising research and solicitation strat-
egies to the extent those activities are not already protected from disclosure.
(e) Communications which discuss investment strategy or other self-management strat-
egy.
(4) Nothing in subsection (3) of this section exempts from disclosure records that con-
tain:
(a) The amount and date of a donation;
(b) Any donor-designated use or purpose of a donation;
(c) Any other donor-imposed restriction on the use of a donation;
(d) The identity of a donor who, in any fiscal year, makes a gift in a quid pro quo ar-
rangement, where either the value of the benefit received is in excess of $2,500 or the benefit
would be impermissible under federal law or the laws of this state;
(e) The identity of a donor who makes a gift in a quid pro quo arrangement with an ex-
pressed intent, purpose or goal of directing, altering, influencing or otherwise impacting
student academic curriculum or learning outcomes;
(f) Self-dealing transactions, including loans of money or property, or material financial
interests of or between public university foundation officers or directors and a public uni-
versity foundation; or
(g) Any instance in which a volunteer or donor of a gift is awarded, within five years of
the date of the voluntary service or gift, a contract from the public university foundation
or public university that was not subject to competitive bidding.
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(5) A public university foundation shall release an annual report and any supporting or
supplemental documents regarding public university foundation expenses and operations on
or before November 1 of each year. The annual report required under this subsection must
be available to the public through the website maintained by the public university foundation
and must include:
(a) The total annual expenditures by the public university foundation;
(b) The percentage of expenditures by the public university foundation used for:
(A) Scholarships or financial aid;
(B) Faculty compensation;
(C) University program costs;
(D) Equipment and technology;
(E) Administrative support; and
(F) Executive compensation;
(c) An annual audit, including audited financials and annual disclosure of financial in-
vestment holding in accordance with any applicable regulation and following generally ac-
cepted accounting principles and any longer-term liability; and
(d) A list of all:
(A) Contracts, including the amount, purpose and identifying vendor information;
(B) Subsidiaries, including the purpose and major activities of those subsidiaries; and
(C) Foundation employees by name, campus, job location, salary, job title and compen-
sation.
(6) A public university foundation may order, arrange and present the annual report re-
quired under subsection (5) of this section and any supporting or supplemental documents
in the manner determined by the public university foundation.
SECTION 3. 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-
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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;
(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
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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 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;
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(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 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 or a public university foundation
as defined under section 2 of this 2025 Act about a person who has or who is interested in do-
nating money or property to the Oregon Health and Science University, [or] a public university or,
except as provided in section 2 of this 2025 Act, a public university foundation, if the infor-
mation is related to the family of the person, personal assets of the person or is incidental infor-
mation 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 or, except
as provided in section 2 of this 2025 Act, a public university foundation as defined under
section 2 of this 2025 Act.
(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
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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
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
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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-
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
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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
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 operation of a video camera worn upon the officer’s person that records the officer’s inter-
actions 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.
SECTION 4. ORS 192.355, as amended by section 13, chapter 87, Oregon Laws 2024, is amended
toread:
192.355. The following public records are exempt from disclosure under ORS 192.311 to 192.478:
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(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)(a) Information of a personal nature such as but not limited to that kept in a personal, med-
ical or similar file, if public disclosure would constitute an unreasonable invasion of privacy, unless
the public interest by clear and convincing evidence requires disclosure in the particular instance.
The party seeking disclosure shall have the burden of showing that public disclosure would not
constitute an unreasonable invasion of privacy.
(b) Images of a dead body, or parts of a dead body, that are part of a law enforcement agency
investigation, if public disclosure would create an unreasonable invasion of privacy of the family of
the deceased person, 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) Upon compliance with ORS 192.363, public body employee or volunteer residential addresses,
residential telephone numbers, personal cellular telephone numbers, personal electronic mail ad-
dresses, driver license numbers, employer-issued identification card numbers, emergency contact in-
formation, Social Security numbers, dates of birth and other telephone numbers contained in records
maintained by the public body that is the employer or the recipient of volunteer services. This ex-
emption:
(a) Does not apply to the addresses, dates of birth and telephone numbers of employees or vol-
unteers who are elected officials, except that a judge or district attorney subject to election may
seek to exempt the judge’s or district attorney’s address or telephone number, or both, under the
terms of ORS 192.368;
(b) Does not apply to employees or volunteers to the extent that the party seeking disclosure
shows by clear and convincing evidence that the public interest requires disclosure in a particular
instance pursuant to ORS 192.363;
(c) Does not apply to a substitute teacher as defined in ORS 342.815 when requested by a pro-
fessional education association of which the substitute teacher may be a member; and
(d) Does not relieve a public employer of any duty under ORS 243.650 to 243.809.
(4) Information submitted to a public body in confidence and not otherwise required by law to
be submitted, where such information should reasonably be considered confidential, the public body
has obliged itself in good faith not to disclose the information, and when the public interest would
suffer by the disclosure.
(5) Information or records of the Department of Corrections, including the State Board of Parole
and Post-Prison Supervision, to the extent that disclosure would interfere with the rehabilitation of
a person in custody of the department or substantially prejudice or prevent the carrying out of the
functions of the department, if the public interest in confidentiality clearly outweighs the public in-
terest in disclosure.
(6) Records, reports and other information received or compiled by the Director of the Depart-
ment 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 out-
weighs the public interest in disclosure.
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(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)(a) Public records or information the disclosure of which is prohibited or restricted or other-
wise made confidential or privileged under Oregon law.
(b) Subject to ORS 192.360, paragraph (a) of this subsection does not apply to factual information
compiled in a public record when:
(A) The basis for the claim of exemption is ORS 40.225;
(B) The factual information is not prohibited from disclosure under any applicable state or fed-
eral law, regulation or court order and is not otherwise exempt from disclosure under ORS 192.311
to 192.478;
(C) The factual information was compiled by or at the direction of an attorney as part of an
investigation on behalf of the public body in response to information of possible wrongdoing by the
public body;
(D) The factual information was not compiled in preparation for litigation, arbitration or an
administrative proceeding that was reasonably likely to be initiated or that has been initiated by
or against the public body; and
(E) The holder of the privilege under ORS 40.225 has made or authorized a public statement
characterizing or partially disclosing the factual information compiled by or at the attorney’s di-
rection.
(10) Public records or information described in this section, furnished by the public body ori-
ginally compiling, preparing or receiving them to any other public officer or public body in con-
nection with performance of the duties of the recipient, if the considerations originally giving rise
to the confidential or exempt nature of the public records or information remain applicable.
(11) Records of the Energy Facility Siting Council concerning the review or approval of security
programs pursuant to ORS 469.530.
(12) Employee and retiree address, telephone number and other nonfinancial membership records
and employee financial records maintained by the Public Employees Retirement System pursuant to
ORS chapters 238 and 238A or by another retirement system operated by a public body.
(13) Records of or submitted to the State Treasurer, the Oregon Investment Council or the
agents of the treasurer or the council relating to active or proposed publicly traded investments
under ORS chapter 293, including but not limited to records regarding the acquisition, exchange or
liquidation of the investments. For the purposes of this subsection:
(a) The exemption does not apply to:
(A) Information in investment records solely related to the amount paid directly into an invest-
ment by, or returned from the investment directly to, the treasurer or council; or
(B) The identity of the entity to which the amount was paid directly or from which the amount
was received directly.
(b) An investment in a publicly traded investment is no longer active when acquisition, exchange
or liquidation of the investment has been concluded.
(14)(a) Records of or submitted to the State Treasurer, the Oregon Investment Council, the
Oregon Growth Board or the agents of the treasurer, council or board relating to actual or proposed
investments under ORS chapter 293 or 348 in a privately placed investment fund or a private asset
including but not limited to records regarding the solicitation, acquisition, deployment, exchange or
liquidation of the investments including but not limited to:
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(A) Due diligence materials that are proprietary to an investment fund, to an asset ownership
or to their respective investment vehicles.
(B) Financial statements of an investment fund, an asset ownership or their respective invest-
mentvehicles.
(C) Meeting materials of an investment fund, an asset ownership or their respective investment
vehicles.
(D) Records containing information regarding the portfolio positions in which an investment
fund, an asset ownership or their respective investment vehicles invest.
(E) Capital call and distribution notices of an investment fund, an asset ownership or their re-
spective investment vehicles.
(F) Investment agreements and related documents.
(b) The exemption under this subsection does not apply to:
(A) The name, address and vintage year of each privately placed investment fund.
(B) The dollar amount of the commitment made to each privately placed investment fund since
inception of the fund.
(C) The dollar amount of cash contributions made to each privately placed investment fund since
inception of the fund.
(D) The dollar amount, on a fiscal year-end basis, of cash distributions received by the State
Treasurer, the Oregon Investment Council, the Oregon Growth Board or the agents of the treasurer,
council or board from each privately placed investment fund.
(E) The dollar amount, on a fiscal year-end basis, of the remaining value of assets in a privately
placed investment fund attributable to an investment by the State Treasurer, the Oregon Investment
Council, the Oregon Growth Board or the agents of the treasurer, council or board.
(F) The net internal rate of return of each privately placed investment fund since inception of
the fund.
(G) The investment multiple of each privately placed investment fund since inception of the fund.
(H) The dollar amount of the total management fees and costs paid on an annual fiscal year-end
basis to each privately placed investment fund.
(I) The dollar amount of cash profit received from each privately placed investment fund on a
fiscal year-end basis.
(15) The monthly reports prepared and submitted under ORS 293.761 and 293.766 concerning the
Public Employees Retirement Fund and the Industrial Accident Fund may be uniformly treated as
exempt from disclosure for a period of up to 90 days after the end of the calendar quarter.
(16) Reports of unclaimed property filed by the holders of such property to the extent permitted
by ORS 98.352.
(17)(a) The following records, communications and information submitted to the Oregon Business
Development Commission, the Oregon Business Development Department, the State Department of
Agriculture, the Oregon Growth Board, the Port of Portland or other ports as defined in ORS
777.005, or a county or city governing body and any board, department, commission, council or
agency thereof, by applicants for investment funds, grants, loans, services or economic development
moneys, support or assistance including, but not limited to, those described in ORS 285A.224:
(A) Personal financial statements.
(B) Financial statements of applicants.
(C) Customer lists.
(D) Information of an applicant pertaining to litigation to which the applicant is a party if the
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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 subparagraph shall limit any right or opportunity granted by discov-
ery 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.
(b) The following records, communications and information submitted to the State Department
of Energy by applicants for tax credits or for grants awarded under ORS 469B.256:
(A) Personal financial statements.
(B) Financial statements of applicants.
(C) Customer lists.
(D) Information of an applicant pertaining to litigation to which the applicant is a party if the
complaint has been filed, or if the complaint has not been filed, if the applicant shows that such
litigation is reasonably likely to occur; this exemption does not apply to litigation which has been
concluded, and nothing in this subparagraph shall limit any right or opportunity granted by discov-
ery 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.
(18) Records, reports or returns submitted by private concerns or enterprises required by law
to be submitted to or inspected by a governmental body to allow it to determine the amount of any
transient lodging tax payable and the amounts of such tax payable or paid, to the extent that such
information is in a form which would permit identification of the individual concern or enterprise.
Nothing in this subsection shall limit the use which can be made of such information for regulatory
purposes or its admissibility in any enforcement proceedings. The public body shall notify the tax-
payer of the delinquency immediately by certified mail. However, in the event that the payment or
delivery of transient lodging taxes otherwise due to a public body is delinquent by over 60 days, the
public body shall disclose, upon the request of any person, the following information:
(a) The identity of the individual concern or enterprise that is delinquent over 60 days in the
payment or delivery of the taxes.
(b) The period for which the taxes are delinquent.
(c) The actual, or estimated, amount of the delinquency.
(19) All information supplied by a person under ORS 151.485 for the purpose of requesting ap-
pointed counsel, and all information supplied to the court from whatever source for the purpose of
verifying the financial eligibility of a person pursuant to ORS 151.485.
(20) Workers’ compensation claim records of the Department of Consumer and Business Services,
except in accordance with rules adopted by the Director of the Department of Consumer and Busi-
ness 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.
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(d) When a worker or the worker’s representative requests review of the worker’s claim record.
(21) Sensitive business records or financial or commercial information of the Oregon Health and
Science University that is not customarily provided to business competitors.
(22) Records of Oregon Health and Science University regarding candidates for the position of
president of the university.
(23) The records of a library, including:
(a) Circulation records, showing use of specific library material by a named person;
(b) The name of a library patron together with the address or telephone number of the patron;
and
(c) The electronic mail address of a patron.
(24) The following records, communications and information obtained by the Housing and Com-
munity Services Department in connection with the department’s monitoring or administration of
financial assistance or of housing or other developments:
(a) Personal and corporate financial statements and information, including tax returns.
(b) Credit reports.
(c) Project appraisals, 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.
(k) Personal information about a tenant.
(L) Housing assistance payments.
(25) Raster geographic information system (GIS) digital databases, provided by private forestland
owners or their representatives, voluntarily and in confidence to the State Forestry Department,
that is not otherwise required by law to be submitted.
(26) Sensitive business, commercial or financial information furnished to or developed by a
public body engaged in the business of providing electricity or electricity services, if the information
is directly related to a transaction described in ORS 261.348, or if the information is directly related
to a bid, proposal or negotiations for the sale or purchase of electricity or electricity services, and
disclosure of the information would cause a competitive disadvantage for the public body or its re-
tail electricity customers. This subsection does not apply to cost-of-service studies used in the de-
velopment or review of generally applicable rate schedules.
(27) Sensitive business, commercial or financial information furnished to or developed by the
City of Klamath Falls, acting solely in connection with the ownership and operation of the Klamath
Cogeneration Project, if the information is directly related to a transaction described in ORS 225.085
and disclosure of the information would cause a competitive disadvantage for the Klamath
Cogeneration Project. This subsection does not apply to cost-of-service studies used in the develop-
ment or review of generally applicable rate schedules.
(28) Personally identifiable information about customers of a municipal electric utility or a
people’s utility district or the names, dates of birth, driver license numbers, telephone numbers,
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electronic mail addresses or Social Security numbers of customers who receive water, sewer or
storm drain services from a public body as defined in ORS 174.109. The utility or district may re-
lease personally identifiable information about a customer, and a public body providing water, sewer
or storm drain services may release the name, date of birth, driver license number, telephone num-
ber, electronic mail address or Social Security number of a customer, if the customer consents in
writing or electronically, if the disclosure is necessary for the utility, district or other public body
to render services to the customer, if the disclosure is required pursuant to a court order or if the
disclosure is otherwise required by federal or state law. The utility, district or other public body
may charge as appropriate for the costs of providing such information. The utility, district or other
public body may make customer records available to third party credit agencies on a regular basis
in connection with the establishment and management of customer accounts or in the event such
accounts are delinquent.
(29) A record of the street and number of an employee’s address submitted to a special district
to obtain assistance in promoting an alternative to single occupant motor vehicle transportation.
(30) Sensitive business records, capital development plans or financial or commercial information
of Oregon Corrections Enterprises that is not customarily provided to business competitors.
(31) Documents, materials or other information submitted to the Director of the Department of
Consumer and Business Services in confidence by a state, federal, foreign or international regulatory
or law enforcement agency or by the National Association of Insurance Commissioners, its affiliates
or subsidiaries under ORS 86A.095 to 86A.198, 697.005 to 697.095, 697.602 to 697.842, 705.137, 717.200
to 717.320, 717.900 or 717.905, ORS chapter 59, 723, 725 or 726, the Bank Act or the Insurance Code
when:
(a) The document, material or other information is received upon notice or with an under-
standing that it is confidential or privileged under the laws of the jurisdiction that is the source of
the document, material or other information; and
(b) The director has obligated the Department of Consumer and Business Services not to dis-
close the document, material or other information.
(32) A county elections security plan developed and filed under ORS 254.074.
(33) Information about review or approval of programs relating to the security of:
(a) Generation, storage or conveyance of:
(A) Electricity;
(B) Gas in liquefied or gaseous form;
(C) Hazardous substances as defined in ORS 453.005 (7)(a), (b) and (d);
(D) Petroleum products;
(E) Sewage; or
(F) Water.
(b) Telecommunication systems, including cellular, wireless or radio systems.
(c) Data transmissions by whatever means provided.
(34) The information specified in ORS 25.020 (8) if the Chief Justice of the Supreme Court des-
ignates the information as confidential by rule under ORS 1.002.
(35)(a) Employer account records of the State Accident Insurance Fund Corporation.
(b) As used in this subsection, “employer account records” means all records maintained in any
form that are specifically related to the account of any employer insured, previously insured or un-
der consideration to be insured by the State Accident Insurance Fund Corporation and any infor-
mation obtained or developed by the corporation in connection with providing, offering to provide
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or declining to provide insurance to a specific employer. “Employer account records” includes, but
is not limited to, an employer’s payroll records, premium payment history, payroll classifications,
employee names and identification information, experience modification factors, loss experience and
dividend payment history.
(c) The exemption provided by this subsection may not serve as the basis for opposition to the
discovery documents in litigation pursuant to applicable rules of civil procedure.
(36)(a) Claimant files of the State Accident Insurance Fund Corporation.
(b) As used in this subsection, “claimant files” includes, but is not limited to, all records held
by the corporation pertaining to a person who has made a claim, as defined in ORS 656.005, and all
records pertaining to such a claim.
(c) The exemption provided by this subsection may not serve as the basis for opposition to the
discovery documents in litigation pursuant to applicable rules of civil procedure.
(37) Except as authorized by ORS 408.425, records that certify or verify an individual’s discharge
or other separation from military service.
(38) Records of or submitted to a domestic violence service or resource center that relate to the
name or personal information of an individual who visits a center for service, including the date of
service, the type of service received, referrals or contact information or personal information of a
family member of the individual. As used in this subsection, “domestic violence service or resource
center” means an entity, the primary purpose of which is to assist persons affected by domestic or
sexual violence by providing referrals, resource information or other assistance specifically of ben-
efit to domestic or sexual violence victims.
(39) Information reported to the Oregon Health Authority under ORS 431A.860, except as pro-
vided in ORS 431A.865 (3)(b), information disclosed by the authority under ORS 431A.865 and any
information related to disclosures made by the authority under ORS 431A.865, including information
identifying the recipient of the information.
(40)(a) Electronic mail addresses in the possession or custody of an agency or subdivision of the
executive department, as defined in ORS 174.112, the legislative department, as defined in ORS
174.114, a local government or local service district, as defined in ORS 174.116, or a special gov-
ernment body, as defined in ORS 174.117.
(b) This subsection does not apply to electronic mail addresses assigned by a public body to
public employees for use by the employees in the ordinary course of their employment.
(c) This subsection and ORS 244.040 do not prohibit the campaign office of the current
officeholder or current candidates who have filed to run for that elective office from receiving upon
request the electronic mail addresses used by the current officeholder’s legislative office for news-
letter distribution, except that a campaign office that receives electronic mail addresses under this
paragraph may not make a further disclosure of those electronic mail addresses to any other person.
(41) Residential addresses, residential telephone numbers, personal cellular telephone numbers,
personal electronic mail addresses, driver license numbers, emergency contact information, Social
Security numbers, dates of birth and other telephone numbers of individuals currently or previously
certified or licensed by the Department of Public Safety Standards and Training contained in the
records maintained by the department.
(42) Personally identifiable information and contact information of veterans as defined in ORS
408.225 and of persons serving on active duty or as reserve members with the Armed Forces of the
United States, National Guard or other reserve component that was obtained by the Department of
Veterans’ Affairs in the course of performing its duties and functions, including but not limited to
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names, residential and employment addresses, dates of birth, driver license numbers, telephone
numbers, electronic mail addresses, Social Security numbers, marital status, dependents, the char-
acter of discharge from military service, military rating or rank, that the person is a veteran or has
provided military service, information relating to an application for or receipt of federal or state
benefits, information relating to the basis for receipt or denial of federal or state benefits and in-
formation relating to a home loan or grant application, including but not limited to financial infor-
mation provided in connection with the application.
(43) Business, commercial, financial, operational and research data and information, including
but not limited to pricing, intellectual property and customer records, furnished to, developed by or
generated in connection with the ownership and operation of an unmanned aerial system test range,
if disclosure of the information would cause a competitive disadvantage to the test range or its us-
ers.
(44) Personally identifiable information about a child under the age of 16 years that is submitted
to the State Fish and Wildlife Commission or an agent of the commission to obtain a license, tag
or permit under the wildlife laws.
(45) Proprietary information subject to a nondisclosure agreement that is provided to the Oregon
Broadband Office pursuant to ORS 285A.176.
(46) With respect to records held by the State Treasurer relating to unclaimed properties under
ORS 98.302 to 98.436:
(a) All materials or communications received during an examination under ORS 98.412 (2) and
(3), except to the extent that the information in the materials or communications appears within a
report under ORS 98.412 (4) or 98.352 and the information is not otherwise exempt under ORS 98.352
(4).
(b) All materials or communications assembled or used by the state or its auditor during the
preparation of a report under ORS 98.412 (4), including drafts, correspondence, working papers and
other preparatory documents.
(c) Information obtained during an examination under ORS 98.412 (2) and (3) concerning an un-
claimed property holder’s potential liability in a state other than Oregon, even if that information
is included in a report under ORS 98.412 (4) or 98.352.
(d) Information in or supporting claims to unclaimed property under ORS 98.392, except to the
extent that the claimant consents to the information’s disclosure.
(47) Any document, record or plan for protection relating to the existence, nature, location or
function of cybersecurity devices, programs or systems designed to protect computer, information
technology or communications systems against threat or attack, including but not limited to:
(a) Records pertaining to devices, programs or systems that depend for their effectiveness in
whole or part upon a lack of public knowledge; and
(b) Contractual records or insurance records that set forth cybersecurity specifications, insur-
ance application and coverage details.
(48) Sensitive business, commercial or financial information, that is not customarily provided to
business competitors, that is furnished to or developed by the Oregon Prescription Drug Program
in connection with purchasing prescription drugs or contracting for the services of a pharmacy
benefit manager or pharmacy networks pursuant to ORS 414.312.
(49) Records that are exempt from disclosure by a public university foundation under
section 2 of this 2025 Act.
SECTION 5. A public university foundation shall release the first annual report required
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under section 2 of this 2025 Act no later than November 1, 2025.
SECTION 6. This 2025 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2025 Act takes effect
on its passage.
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