72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2783
Sponsored by COMMITTEE ON JUDICIARY
CHAPTER ................
AN ACT
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.
Enrolled House Bill 2783 (HB 2783-B) Page 1
(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. + }
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Enrolled House Bill 2783 (HB 2783-B) Page 2
Passed by House June 23, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate July 10, 2003
...........................................................
President of Senate
Enrolled House Bill 2783 (HB 2783-B) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2783 (HB 2783-B) Page 4