72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 3177
 
                         House Bill 2783
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                             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.
 
  Requires state agencies, boards and commissions that issue
certain licenses, certifications, permits or registrations to
record applicant's Social Security number on application for, or
form for renewal of, driver license or certain permits. Requires
these state agencies, boards and commissions, to maximum extent
feasible, to include applicant's Social Security number in
certain automated databases.
  Prohibits Department of Transportation from disclosing Social
Security numbers from motor vehicle records. Provides exception
for disclosure to government agency for use in carrying out its
governmental functions. Establishes fees. Punishes unlawful
acquisition or use of Social Security number by maximum one
year's imprisonment, $5,000 fine, or both. Creates civil cause of
action for violation.
 
                        A BILL FOR AN ACT
Relating to Social Security numbers; creating new provisions; and
  amending ORS 25.785.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 25.785 is amended to read:
  25.785. 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.
  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 shall, upon the request of another government agency
or 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 may redisclose the Social Security number
only to another government agency for use in carrying out the
other agency's governmental functions. 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. + }
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