75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2812
 
                         Senate Bill 536
 
Sponsored by Senator METSGER; Senators BONAMICI, BURDICK,
  DINGFELDER, GEORGE, JOHNSON, KRUSE, MORSE, PROZANSKI, WHITSETT,
  Representatives BARKER, BEYER, CANNON, D EDWARDS, FREEMAN,
  GARRETT, GILMAN, GREENLICK, KOTEK, MAURER, NOLAN, RICHARDSON,
  SCHAUFLER, SHIELDS, J SMITH, THOMPSON, WEIDNER
 
 
                             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.
 
  Prohibits state from expending funds to comply with federal
Real ID Act of 2005 unless certain requirements are met.
  Directs Department of Transportation to analyze cost of
complying with Real ID Act of 2005 and make report available to
public.
 
                        A BILL FOR AN ACT
Relating to the federal Real ID Act of 2005.
  Whereas the federal Real ID Act of 2005 is a costly unfunded
mandate because the federal government has no plans to adequately
reimburse the states for the costs of implementing the Act; and
  Whereas the federal Real ID Act of 2005 would expose all
Oregonians to an unprecedented level of identity theft by
requiring, for the first time, the Department of Transportation
to store electronic copies of all birth certificates, Social
Security numbers and other private documents used to establish
identity, which contain names, dates of birth, gender
information, photographs, addresses and signatures, creating a
digital repository gold mine for identity thieves; and
  Whereas the Federal Trade Commission estimates that 10 million
Americans are victims of identity theft annually; and
  Whereas the federal Real ID Act of 2005 eliminates a process of
negotiated rulemaking initiated under the Intelligence Reform and
Terrorism Prevention Act of 2004 in which federal, state and
local policymakers, privacy advocates and industry experts
convened to address the problem of misuse of identity documents;
and
  Whereas the federal Real ID Act of 2005 would provide few
security protections, leaving identification systems open to
insider fraud, counterfeit documentation and database failures;
now, therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + A state agency or program may not expend funds
to implement the Real ID Act of 2005, P.L. 109-13, unless:
  (1) Federal funds are received by this state and allocated in
amounts sufficient to cover the estimated costs to this state of
implementing the Real ID Act of 2005; and
  (2) The requirements of section 2 of this 2009 Act are met. + }
  SECTION 2.  { + (1) Before issuing, replacing or renewing a
driver license, driver permit or identification card in order to
comply with the requirements of the Real ID Act of 2005, P.L.
109-13, and before storing data about individuals in any
database, records facility or computer system in order to comply
with the requirements of the Real ID Act of 2005, the Department
of Transportation shall implement the following:
  (a) Sufficient measures to protect the privacy of individuals;
and
  (b) Sufficient safeguards against unauthorized disclosure or
use of an individual's personal identifying information by
department personnel or any contractor, agency or other person
who may have access to the database, records facility or computer
system.
  (2) The department may not, in order to comply with the
requirements of the Real ID Act of 2005:
  (a) Participate in any multistate or federal shared database
program unless the department is able to provide sufficient
security measures to protect the privacy of individuals and
sufficient safeguards against unauthorized disclosure or use of
an individual's personal identifying information.
  (b) Charge unreasonable fees or place unreasonable record
keeping burdens on an applicant for issuance, renewal or
replacement of a driver license, driver permit or identification
card. + }
  SECTION 3.  { + (1) Prior to implementation of the Real ID Act
of 2005, P.L. 109-13, the Department of Transportation shall
prepare a report that analyzes the cost to this state, and to
applicants for issuance, renewal or replacement of driver
licenses, driver permits and identification cards, of
implementing the requirements of the Real ID Act of 2005 and any
related federal regulations.
  (2) The department shall make the report available for public
inspection. + }
  SECTION 4.  { + Sections 1 to 3 of this 2009 Act apply to
expenditures made and actions taken on or after the effective
date of this 2009 Act. + }
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