Chapter 610 Oregon Laws 2003

AN ACT

HB 2783

Relating to Social Security numbers; creating new provisions; and amending ORS 25.785 and 25.990.

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

SECTION 1. ORS 25.785 is amended to read:

25.785. (1) Any state agency, board or commission that is authorized to issue an occupational, professional, [or] recreational or driver license, certification, permit or registration subject to suspension [pursuant to] under ORS 25.750 to 25.783 shall require that an individual’s Social Security number be recorded on an application for, or form for renewal of, a license, certification, permit or registration and to the maximum extent feasible shall include the Social Security number in automated databases containing information about the individual.

(2) A state agency, board or commission described in subsection (1) of this section may accept a written statement from an individual who has not been issued a Social Security number by the United States Social Security Administration to fulfill the requirement in subsection (1) of this section.

(3) An individual may not submit to a state agency, board or commission a written statement described in subsection (2) of this section knowing the statement to be false.

SECTION 2. Section 3 of this 2003 Act is added to and made a part of the Oregon Vehicle Code.

SECTION 3. (1) As used in this section:

(a) “Motor vehicle record” means any record that pertains to a grant of driving privileges, an identification card issued by the Department of Transportation, a vehicle title or a vehicle registration.

(b) “Person” has the meaning given that term in ORS 802.175.

(2) Neither the Department of Transportation nor any officer, employee or contractor of the department may knowingly disclose or otherwise make available to any person an individual’s Social Security number that is obtained by the department in connection with a motor vehicle record.

(3) Notwithstanding subsection (2) of this section, the department may, upon the request of another government agency, or shall, as required by law, disclose an individual’s Social Security number from a motor vehicle record to the other agency for use in carrying out the other agency’s governmental functions.

(4) An Oregon government agency that receives an individual’s Social Security number under subsection (3) of this section may not redisclose the Social Security number except as required by law. An Oregon government agency that rediscloses a Social Security number as authorized by this subsection shall keep for five years records that identify each other government agency that receives the Social Security number. Records kept in accordance with this subsection must be made available to the department upon request.

(5) The department may establish fees reasonably calculated to reimburse the department for the actual cost of making an individual’s Social Security number available to a government agency as required in subsection (3) of this section.

(6) Nothing in this section prohibits an individual from having access to that individual’s own Social Security number that is contained in motor vehicle records.

(7) Knowingly obtaining or using a Social Security number from a motor vehicle record in violation of this section is a Class A misdemeanor.

(8) A person aggrieved by violation of this section may bring a civil action against a person who has knowingly obtained or used the aggrieved person’s Social Security number in violation of this section. The action shall be for actual damages or $2,500, whichever is greater, plus attorney fees and court costs reasonably incurred in the action.

(9) A person aggrieved by a violation of this section, a district attorney or the Attorney General may obtain appropriate relief to enforce this section, together with attorney fees and costs reasonably incurred in an action.

(10) Any person whose use or acquisition of a Social Security number in violation of this section subjects the State of Oregon to any liability or claim shall indemnify and hold harmless this state from all such liabilities and claims, including attorney fees and court costs, incurred in any action brought under this section.

SECTION 4. ORS 25.990 is amended to read:

25.990. (1) Violation of ORS 25.720 (3) is a Class A violation.

(2) Violation of ORS 25.260 is punishable, upon conviction, by a fine of not more than $1,000 or by imprisonment in the county jail for not more than 60 days, or by both.

(3) Violation of ORS 25.785 (3) is a Class A misdemeanor.

Approved by the Governor July 25, 2003

Filed in the office of Secretary of State July 25, 2003

Effective date January 1, 2004

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