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 1585
A-Engrossed
Senate Bill 441
Ordered by the Senate March 16
Including Senate Amendments dated March 16
Sponsored by COMMITTEE ON BUSINESS, LABOR, AND ECONOMIC
DEVELOPMENT (at the request of John C. Powell)
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.
Allows insurer to use { + abstract of + } nonemployment
driving record of insured to offer discounts to insured.
A BILL FOR AN ACT
Relating to use of nonemployment driving record by insurer;
amending ORS 746.265 and 802.220.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 746.265 is amended to read:
746.265. (1) Subject to subsection (2) of this section, when an
individual applies for a policy or a renewal of a policy of
casualty insurance providing automobile liability coverage,
uninsured motorist coverage, automobile medical payments coverage
or automobile physical damage coverage on an individually owned
passenger vehicle including pickup and panel trucks and station
wagons, the insurer may consider the abstract of the
nonemployment driving record of the individual under ORS 802.220:
(a) For the purpose of determining whether to issue or renew
the individual's policy.
(b) For the purpose of determining the rates of the
individual's policy.
(2) For the purposes specified in subsection (1) of this
section, an insurer issuing or renewing a policy described in
subsection (1) of this section shall not consider any:
(a) Accident or conviction for violation of motor vehicle laws
that occurred more than three years immediately preceding the
application for the policy or renewal of the policy;
(b) Diversion agreements under ORS 813.220 that were entered
into more than three years immediately preceding the application
for the policy or renewal of the policy; or
(c) Suspension of driving privileges pursuant to ORS 809.280
(7) or (9) if the suspension is based on a nondriving offense.
{ + (3) Subsection (2) of this section does not apply if an
insurer considers the nonemployment driving record of an
individual under ORS 802.220 for the purpose of providing a
discount to the individual. + }
SECTION 2. ORS 802.220 is amended to read:
802.220. (1) Except as otherwise provided in this subsection
and ORS 802.177, the records the Department of Transportation
maintains under ORS 802.200 on vehicles are public records. The
records of vehicles registered under ORS 805.060 are not public
records and are exempt from public inspection as provided under
ORS 181.540 and are for the confidential use of criminal justice
agencies described under ORS 181.010. The department may charge
the fee established under ORS 802.230 for furnishing information
under this section concerning a vehicle or its owner.
(2) The department may charge the fee established under ORS
802.230 for furnishing to the public information from the records
the department maintains under ORS 802.200 concerning driver
licenses or driver permits.
(3) The records the department keeps under ORS 802.200 on
judgments or convictions under ORS 810.375 shall be open to the
inspection of any person during reasonable business hours.
Nothing in this subsection authorizes the release of personal
information as defined in ORS 802.175.
(4) The department shall upon request furnish any person
certified abstracts of the employment driving record and the
nonemployment driving record of any person whose driving records
are maintained under ORS 802.200. If an abstract of the
employment driving record is not specifically requested, the
department shall only furnish an abstract of the nonemployment
driving record. Nothing in this subsection authorizes the
release of personal information as defined in ORS 802.175. The
department shall collect the fee established for abstracts of
driving records under ORS 802.230. A certified abstract issued
under this section shall not contain any of the following { + ,
unless the abstract is being requested under ORS 746.265 (3) + }:
(a) Any accident or conviction for violation of motor vehicles
laws that occurred more than three years immediately preceding a
request for abstract.
(b) Any suspension ordered under ORS 809.220 after the
department has received notice to terminate the suspension under
ORS 809.220.
(c) Any diversion agreement under ORS 813.220 entered into more
than three years immediately preceding a request for the
abstract.
(5) Except as otherwise provided in this subsection, accident
reports filed with the department under ORS 811.725, 811.730 or
811.735 shall be without prejudice to the individual filing the
report and shall be for the confidential use of state
administrative and enforcement agencies. The department may use
the confidential accident reports to provide the following
information to the persons described:
(a) Upon request, the department shall disclose the following
information to any party involved in the accident or to their
personal representative or any member of the family of a party
involved in the accident:
(A) The identity of the owner, driver, occupants and the
registration number of a vehicle involved in the accident;
(B) The names of any companies insuring the owner or driver of
a vehicle involved in the accident; and
(C) The names of any witnesses to the accident.
(b) The department shall furnish a certificate showing that a
specified accident report has or has not been made to the
department upon demand of any person who has or claims to have
made such a report or upon demand of a court.
(6) The department shall tabulate and may analyze all accident
reports to develop statistical information based thereon as to
the number and circumstances of traffic accidents. The department
shall publish information compiled under this section in the
manner provided under ORS 802.050.
(7) Except as otherwise provided in this subsection, the
records the department is required under ORS 802.200 to maintain
on trip permits issued under ORS 803.600 are public records. The
department may charge a fee established under ORS 802.230 for
furnishing information from the records on trip permits. Nothing
in this subsection authorizes the release of personal information
as defined in ORS 802.175.
(8) The records the department maintains under ORS 802.200
concerning odometer readings for vehicles are public records. The
department may separately furnish information concerning odometer
readings shown by its records. The department may charge the fee
established under ORS 802.230 for information separately provided
under this subsection. Nothing in this subsection authorizes the
release of personal information as defined in ORS 802.175.
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