68th OREGON LEGISLATIVE ASSEMBLY--1995 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 985

                         House Bill 2607

Sponsored by Representative FISHER; Representatives ADAMS, JONES,
  MARKHAM, SCHOON, WELLS, WELSH (at the request of Alfred Paselk)


                             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.

  Restricts access to records of Department of Transportation.

                        A BILL FOR AN ACT
Relating to records; creating new provisions; amending ORS
  802.220, 803.370, 807.050, 807.110, 807.160 and 807.560; and
  repealing ORS 802.222, 802.250 and 802.251.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this Act is added to and made a
part of the Oregon Vehicle Code. + }
  SECTION 2.  { + (1) Except as otherwise provided in this
section, the Department of Transportation shall not release
information concerning individuals from its driver license or
permit files, its driving record files or its vehicle title and
registration files.
  (2) The department may release information described in
subsection (1) of this section to:
  (a) A local, state or federal law enforcement officer or other
government agent acting in an official capacity.
  (b) An insurer seeking information about a specific claim,
policyholder or applicant for motor vehicle insurance.
  (c) A financial institution as defined in ORS 706.005 acting in
the ordinary course of business.
  (d) A person with a contractual interest in a specified
vehicle. Information released under this paragraph shall be only
that obtained from the records of the specified vehicle or the
driver records of a person shown on title or registration records
as having an ownership interest in the vehicle. + }
  SECTION 3. ORS 802.220 is amended to read:
  802.220. (1) Except as otherwise provided in   { - this
subsection - }  { +  section 2 of this 1995 Act + }, the records
the Department of Transportation maintains under ORS 802.200 on
vehicles are  { + not + } public records. The records of vehicles
registered under ORS 805.060   { - are not public records and - }
are exempt from public information as provided under ORS 181.540
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  { + to persons
authorized under section 2 of this 1995 Act  + }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 - }  { +  persons
authorized by section 2 of this 1995 Act  + }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 153.625 shall be open to the
inspection of any person during reasonable business hours.
  (4) The department shall upon request furnish any person  { +
authorized by section 2 of this 1995 Act to receive the
information with + } 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. 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:
  (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.
  (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) The department records of accident reports submitted to the
department by police officers under ORS 810.460 are not
privileged or confidential except that no such record provided by
the department may be used to contact any person for commercial
purposes. As used in this subsection, 'commercial purposes' has
the meaning given in ORS 802.224.
  (8) 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.
  (9) 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.
  SECTION 4. ORS 803.370 is amended to read:
  803.370. This section establishes requirements for an
application for vehicle registration in this state. If an
applicant fails to comply with requirements under this section,
the Department of Transportation may refuse to register or
reregister a vehicle until the applicant complies with the
requirements. An application shall contain all of the following:
  (1) The true name and  { - , except as provided for officers or
eligible employees in ORS 802.250, - }  actual residence or
business address of the owner. The department may provide by rule
for acceptance of something other than an actual residence or
business address if the department determines that the applicant
does not have an actual address.
  (2) A description of the vehicle, including the name of the
make and the vehicle identification number.
  (3) An odometer disclosure in a form determined by the
department by rule pursuant to ORS 803.120, if a disclosure is
otherwise required.
  (4) Any other information required by the department.
  (5) If the application is for registration or reregistration of
a vehicle that is subject to the federal heavy vehicle use tax,
proof that the federal use tax has been paid. The department
shall adopt rules to determine proof that will be acceptable for
purposes of this subsection.
  (6) A statement:
  (a) That the applicant is domiciled in this state as described
in ORS 803.355 if the applicant is required by ORS 803.360 to be
domiciled in this state in order to register a vehicle in the
state; and
  (b) That so long as the vehicle remains registered to the
applicant in this state, the applicant will remain domiciled in
this state if required to do so in order to register the vehicle.
  (7) A statement:
  (a) That the vehicle qualifies under ORS 803.360 (2) for
registration in this state, if the owner is not domiciled in this
state and is not required by ORS 803.200, or any other provision
of law, to register the vehicle in this state; and
  (b) That so long as the vehicle remains registered to the
applicant under the provisions of ORS 803.360 (2), the owner and
the vehicle will meet the qualifications of this subsection.
  (8) A statement upon initial registration that the applicant is
in compliance with financial responsibility requirements for the
vehicle and will remain in compliance until the vehicle is
transferred. Exemptions from this subsection are established in
ORS 806.020.
  SECTION 5. ORS 807.050 is amended to read:
  807.050. An application for a license shall be in a form
approved by the Department of Transportation. An application must
contain all the following:
  (1) The applicant's true name, age, sex, residence address
 { - , except as otherwise provided for officers or eligible
employees in ORS 802.250, - }  and post-office address other than
general delivery.  The department may provide by rule for
acceptance of something other than an actual residence or
post-office address if the department determines that the
applicant does not have an actual address. The department shall
require proof to verify the address in addition to anything else
the department may require of the applicant.
  (2) Whether or not the applicant has ever been issued any
driver license or driver permit. If the applicant has been issued
any license or driver permit:
  (a) When the license or driver permit was granted;
  (b) What jurisdiction granted the license or driver permit;
  (c) Whether or not the driving privileges under the license or
driver permit are currently suspended or revoked; and
  (d) If the driving privileges are revoked or suspended, the
date and reason for the suspension or revocation.
  (3) The class of license sought.
  (4) The social security number of the applicant or other number
or identifying information determined appropriate by the
Secretary of the United States Department of Transportation, if
the application is for a commercial driver license or if the
department by rule requires the social security number on the
application.
  (5) Any other information the department deems necessary to
assist the department in determining whether the applicant is
qualified or eligible to be licensed.
  SECTION 6. ORS 807.110 is amended to read:
  807.110. A license issued by the Department of Transportation
shall comply with all of the following:
  (1) A license shall bear the distinguishing number assigned to
the person issued the license by the department.
  (2) A license shall contain, for the purpose of identification,
a brief description of the person to whom the license is issued.
  (3) A license shall contain the name, date of birth and  { - ,
except as provided for officers or eligible employees in ORS
802.250, - }  residence address of the person to whom the license
is issued and a space for the person's signature.
  (4) Upon request of the person to whom the license is issued, a
license shall indicate on the license the fact that the person is
an anatomical donor.
  (5) Upon order of the juvenile court, a license shall indicate
on the license the fact that the person to whom the license is
issued is an emancipated minor.
  (6) Except as otherwise provided in this subsection, a license
shall bear a photograph described in this subsection. The
Director of Transportation, by rule, may provide for issuance of
a valid license without a photograph if the applicant shows good
cause. The director shall include religious preferences as good
cause for issuance of a license without a photograph but shall
not limit good cause to religious grounds. A photograph required
under this subsection shall:
  (a) Be a full-faced, color photograph of the person to whom the
license is issued;
  (b) Be of a size approved by the department; and
  (c) Be taken at the time of application for issuance of the
license whether the application is for an original license,
replacement of a license under ORS 807.160 or for renewal of a
license under ORS 807.150.
  (7) A license is not valid until signed by the person to whom
it is issued.
  (8) A license shall indicate the class of license issued and
any indorsements granted. If the license is a commercial driver
license, the words 'commercial driver license' or the letters '
CDL' shall appear on the license.
  (9) The department shall use such security procedures,
processes and materials in the preparation, manufacture and
issuance of any license that prohibit as nearly as possible
anyone's ability to alter, counterfeit, duplicate or modify the
license without ready detection. The security features used in
the production of the licenses shall provide for the rapid
authentication of a genuine document.
  SECTION 7. ORS 807.160 is amended to read:
  807.160. (1) Except as provided in subsection (5) of this
section, upon application by a person to whom a license is
issued, the Department of Transportation shall do the following:
  (a) If the person furnishes proof satisfactory to the
department of the loss, destruction or mutilation of the person's
license, the department shall replace the license by issuing a
duplicate or replacement license.
  (b) If the person has changed residence address from that noted
on the person's license, the department shall:
  (A) Note the change of residence address on the person's
license in a manner determined by the department; or
  (B) Issue a new license noting the person's new residence
address.
    { - (c) If the person is an officer or eligible employee who
has requested in accordance with ORS 802.250 that department
records show the address of the person's employer, the department
shall issue a new license noting the address of the place of
employment. - }
    { - (d) - }  { +  (c) + } If the person has changed names
from the name noted on the person's license, the department shall
issue a new license noting the person's new name.
  (2) If the department issues a new license or a replacement
license to replace a person's license under this section:
  (a) Except as otherwise provided in subsection (3) of this
section, the license shall bear the same distinguishing number as
the license replaced.
  (b) The license replaced is invalid and shall be surrendered to
the department or destroyed.
  (c) The department shall charge the fee for issuance of a
replacement license under ORS 807.370. The department may waive
the fee as provided under ORS 807.390.
  (d) The new license does not alter or extend driving privileges
granted to the person under the old license.
  (3) If the person applying for a new or replacement license
furnishes proof satisfactory to the department that a police
agency has reason to believe that the person's lost driver
license or the person's name is being used fraudulently, the
department may issue a new license that bears a different number
from the license replaced.
  (4) The department shall not issue or replace any license under
this section if:
  (a) The person making application is not qualified to hold a
license at the time of application.
  (b) The driving privileges of the person making application are
suspended or revoked and have not been partially or completely
reinstated.
  (5) The department need not issue a duplicate or replacement
license to a person who has not complied with the requirements
and responsibilities created by citation for or conviction of a
traffic offense in another jurisdiction if an agreement under ORS
802.530 authorizes the department to withhold issuance of a
duplicate or replacement license.
  SECTION 8. ORS 807.560 is amended to read:
  807.560. (1) A person to whom a license or driver permit is
issued commits the offense of failure to notify upon change of
driver address or name if the person does not notify the
Department of Transportation in the manner described in
subsection (2) of this section upon any change of the person's:
  (a) Residence from that noted on the person's license or driver
permit as issued;  { + or + }
  (b) Name from that noted on the person's license or driver
permit as issued, including a change of name by marriage { + .
 + }  { - ; or - }
    { - (c) Place of employment, if the person is an officer or
eligible employee, as defined in ORS 802.250, whose place of
employment address is noted on department records in accordance
with ORS 802.250. - }
  (2) Notice required under this section:
  (a) Must be given within 30 days of change.
  (b) Must be in writing and contain the old and new residence
address or name.
  (c) Must contain the number of the license or driver permit
held.
  (d) Must be given in person for a change of name.
  (e) May be given in person or by mail for a change of
residence.
  (3) Failure to notify upon change of driver address or name is
a Class D traffic infraction.
  SECTION 9.  { + ORS 802.222, 802.250 and 802.251 are
repealed. + }
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