75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to A-Eng. HB 2371
 
LC 1702/HB 2371-A20
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2371
 
     By COMMITTEE ON CONSUMER PROTECTION AND PUBLIC AFFAIRS
 
                             June 5
 
  On page 1 of the printed A-engrossed bill, line 20, delete the
first 'or' and insert 'number,'.
  On page 2, line 1, after '(2)' insert 'Except as provided in
subsection (6) of this section,'.
  Delete lines 16 through 20 and insert:
  ' (4) A private entity that swipes an individual's driver
license or identification card under subsection (2)(c) or (d) of
this section may store or share the following information
collected from swiping an individual's driver license or
identification card for the purpose of preventing fraud or other
criminal activity against the private entity:
  ' (a) Name;
  ' (b) Address;
  ' (c) Date of birth; and
  ' (d) Driver license number or identification card number.'.
  In line 21, after '(5)' insert '(a)' and after 'person ' insert
'other than an entity regulated by the federal Fair Credit
Reporting Act, 15 U.S.C. 1681 et seq.,'.
  After line 23, insert:
  ' (b) A person who is regulated by the federal Fair Credit
Reporting Act and who receives personal information from a
private entity under subsection (4) of this section may use or
provide the personal information received only to effect,
administer or enforce a transaction or prevent fraud or other
criminal activity, if the person provides or receives personal
information under contract from the private entity.
  ' (6)(a) Subject to the provisions of this subsection, a
private entity that is a commercial radio service provider that
provides service nationally and that is subject to the Telephone
Records and Privacy Protection Act of 2006 (18 U.S.C. 1039) may
swipe an individual's driver license or identification card if
the entity obtains permission from the individual to swipe the
individual's driver license or identification card.
  ' (b) The private entity may swipe the individual's driver
license or identification card only for the purpose of
establishing or maintaining a contract between the private entity
and the individual. Information collected by swiping an
individual's driver license or identification card for the
establishment or maintenance of a contract shall be limited to
the following information from the individual:
  ' (A) Name;
  ' (B) Address;
  ' (C) Date of birth; and
  ' (D) Driver license number or identification card number.
  ' (c) If the individual does not want the private entity to
swipe the individual's driver license or identification card, the
private entity may manually collect the following information
from the individual:
  ' (A) Name;
  ' (B) Address;
  ' (C) Date of birth; and
  ' (D) Driver license number or identification card number.
  ' (d) The private entity may not withhold the provision of
goods or services solely as a result of the individual requesting
the collection of the following information from the individual
through manual means:
  ' (A) Name;
  ' (B) Address;
  ' (C) Date of birth; and
  ' (D) Driver license number or identification card number.'.
  In line 24, delete '(6)' and insert '(7)'.
  Delete line 29.
  In line 31, delete the period and insert '; or
  ' (d) A court rule requires swiping of the driver license or
identification card to facilitate accurate linking of court
records pertaining to the individual.'.
  In line 32, delete '(7)' and insert '(8)'.
  In line 39, delete '(8)' and insert '(9)'.
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