71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 852
House Bill 2138
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for Department of Transportation)
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.
Prohibits disclosure of personal information by Department of
Transportation unless requested by individual.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to Department of Transportation records; amending ORS
802.179; repealing section 14, chapter 678, Oregon Laws 1997;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 802.179 is amended to read:
802.179. (1) The Department of Transportation, upon request or
as required by law, shall disclose personal information from a
motor vehicle record to a government agency for use in carrying
out its governmental functions.
(2) The department shall disclose personal information from a
motor vehicle record for use in connection with matters of motor
vehicle or driver safety and theft, motor vehicle emissions,
motor vehicle product alterations, recalls or advisories,
performance monitoring of motor vehicles and dealers by motor
vehicle manufacturers, and removal of nonowner records from the
original owner records of motor vehicle manufacturers to carry
out the purposes of any of the following federal Acts:
(a) The Automobile Information Disclosure Act.
(b) The Motor Vehicle Information and Cost Saving Act.
(c) The National Traffic and Motor Vehicle Safety Act of 1966.
(d) The Anti-Car Theft Act of 1992.
(e) The Clean Air Act.
(3)(a) If the department determines that a business is a
legitimate business, the department shall disclose personal
information to the business for use in the normal course of
business in:
(A) Verifying the accuracy of personal information submitted to
the business; or
(B) Correcting personal information submitted to the business,
but only in order to:
(i) Prevent fraud;
(ii) Pursue legal remedies against the individual who submitted
the personal information; or
(iii) Recover a debt from, or satisfy a security interest
against, the individual.
(b) The department shall adopt rules specifying the kind of
information that the department will accept as evidence that a
business is a legitimate business.
(4) The department shall disclose personal information to:
(a) An attorney, a financial institution as defined in ORS
chapter 706 or a collection agency registered under ORS 697.031
for use in connection with a civil, criminal, administrative or
arbitration proceeding in any court, government agency or
self-regulatory body. Permissible uses of personal information
under this paragraph include but are not limited to service of
process, investigation in anticipation of litigation and the
execution and enforcement of judgments and orders.
(b) A process server acting as an agent for an individual for
use in serving documents in connection with an existing civil,
criminal, administrative or arbitration proceeding, or a judgment
or decree, in any court, government agency or self-regulatory
body. Nothing in this paragraph limits the activities of a
process server when acting as an agent for an attorney,
collection agency or like person or for a government agency.
(5) The department shall disclose personal information other
than names to a researcher for use in researching health and
educational questions and providing statistical reports, as long
as the personal information is not published, redisclosed or used
to contact individuals. The department may disclose information
under this subsection only for research sponsored by an
educational institution or a health research institution.
(6) The department shall disclose personal information to an
insurer, an insurance support organization or a self-insured
entity in connection with claims investigation activities,
antifraud activities, underwriting or rating.
(7) The department shall disclose personal information
regarding ownership or other financial interests in a vehicle to
a person who is required by the state or federal Constitution, a
statute or an ordinance to give notice to another person
concerning the vehicle. Personal information disclosed under this
subsection may be used only for giving the required notice.
Persons authorized to receive personal information under this
subsection include, but are not limited to:
(a) Tow companies;
(b) Persons who have or are entitled to have liens on the
vehicle; and
(c) Persons taking an action that could affect ownership rights
to the vehicle.
(8) The department shall disclose personal information to any
private security officer certified under ORS 181.878, to be used
for the purpose of determining ownership of vehicles parked in a
place over which the private security officer, acting within the
scope of the officer's employment, exercises control.
(9) The department shall disclose personal information to the
employer of an individual who holds a commercial driver license,
or the insurer of the employer, to obtain or verify information
about the holder of the commercial driver license.
(10) The department shall disclose personal information to the
operator of a private toll facility for use in collecting tolls.
(11) The department { - shall - } { + may not + } disclose
personal information for bulk distributors of surveys, marketing
materials or solicitations { + except + } as provided in this
subsection. The department shall implement methods and procedures
to ensure { - all of the following - } :
(a) That individuals are offered an opportunity to request that
personal information about themselves { - not - } be disclosed
to bulk distributors { - . The opportunity to prohibit
disclosure under this subsection must be presented by the
department in a clear and conspicuous manner at the time of
application for issuance and renewal of a driver permit, driver
license, identification card, vehicle title or vehicle
registration. - } { + ; and + }
{ - (b) That personal information about a person who submits
a request under paragraph (a) of this subsection will be excluded
from any lists compiled and sold or otherwise supplied by the
department to bulk distributors. - }
{ - (c) - } { + (b) + } That the personal information
provided by the department will be used, rented or sold solely
for bulk distribution of surveys, marketing materials and
solicitations.
(12) The department shall disclose personal information to a
person who requests the information if the requester provides the
department with written permission from the individual whose
personal information is requested. The written permission from
the individual must be notarized.
(13) The department shall disclose personal information to a
person who is in the business of disseminating such information
under the following conditions:
(a) In addition to any other requirements under the contract
executed pursuant to paragraph (b) of this subsection, the person
requesting the information must file a performance bond with the
the department in the amount of $25,000. The bond must be
executed in favor of the State of Oregon and its form is subject
to approval by the Attorney General.
(b) The disseminator shall enter into a contract with the
department. A contract under this paragraph shall contain at
least the following provisions:
(A) That the disseminator will not reproduce or distribute the
personal information in bulk but only in response to an
individual record inquiry.
(B) That the disseminator will provide the personal information
only as provided in ORS 802.181.
(C) That the disseminator will have a method of ensuring that
the disseminator can delay for a period of up to two days the
giving of personal information to a requester who is not a
subscriber.
(14) The department shall disclose personal information to
representatives of the news media for the gathering or
dissemination of information related to the operation of a motor
vehicle or to public safety.
(15) The department shall disclose personal information as
provided in ORS 802.220 (5).
(16) The department shall adopt rules providing for the release
of personal information from motor vehicle records to a person
who has a financial interest in the vehicle. Rules adopted under
this subsection may include, but need not be limited to, rules
establishing procedures for the department to verify the
financial interest of the person making the request for personal
information.
(17) The department shall adopt rules providing for the release
of personal information from motor vehicle records to a person
who is injured by the unsafe operation of a vehicle or who owns
property that is damaged because of the unsafe operation of a
vehicle.
(18) The department shall disclose personal information to a
private investigator licensed by any licensing authority within
the State of Oregon, to be used for any purpose permitted any
person under this section. A licensed private investigator
requesting information must prove to the department that the
person has a corporate surety bond, an irrevocable letter of
credit issued by an insured institution as defined in ORS 706.008
or such other security as the Oregon Board of Investigators may
prescribe by rule in the minimum amount of $5,000 or errors and
omissions insurance in the minimum amount of $5,000.
SECTION 2. { + Section 14, chapter 678, Oregon Laws 1997, is
repealed. + }
SECTION 3. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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