73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 1286
 
                         House Bill 2501
 
Sponsored by Representative BUTLER
 
 
                             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 Department of Transportation to provide abstracts of
driving records by direct electronic access.
  Directs department to make direct electronic access available
by January 1, 2006.
  Declares emergency, effective July 1, 2005.
 
                        A BILL FOR AN ACT
Relating to electronic access to Department of Transportation
  records; creating new provisions; amending ORS 802.220; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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 181.548 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. - }
   { +  (4) Upon request, the department shall furnish certified
abstracts of the employment driving record and the nonemployment
driving record of any person whose driving records are maintained
under ORS 802.200. An abstract provided under this subsection:
  (a) Shall include only the nonemployment driving record unless
an abstract of the employment driving record is specifically
requested.
  (b) May not release any personal information as defined in ORS
802.175.
  (c) May not contain information pertaining to any of the
following, unless the abstract is being requested under ORS
746.265 (3):
  (A) Any accident or conviction for violation of motor vehicle
laws that occurred more than three years immediately preceding
the request for an 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 the request for an
abstract.
  (d) Shall be provided only after the person requesting the
abstract pays the fee established for abstracts of driving
records under ORS 802.230.
  (e) Shall be available by direct electronic access to persons
who enter into an agreement with the department for the provision
of driving record abstracts by direct electronic access without a
significant time lag between the time that information is
requested and the time that the information is provided. + }
  (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.
  SECTION 2.  { + (1) The Department of Transportation shall make
available direct electronic access to driving record abstracts
under ORS 802.220 no later than January 1, 2006.
  (2) The department may enter into a contract with a private
person for the purposes of:
  (a) Developing a system that provides direct electronic access
to driving record abstracts; and
  (b) Sharing with the private person the reasonable costs of
development of the system. + }
  SECTION 3.  { + This 2005 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2005 Act takes effect July 1,
2005. + }
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