Bill Text: OR HB3259 | 2011 | Regular Session | Engrossed

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Bill Title: Relating to private investigators.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3259 Detail]

Download: Oregon-2011-HB3259-Engrossed.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 3242

                           A-Engrossed

                         House Bill 3259
                   Ordered by the House May 2
             Including House Amendments dated May 2

Sponsored by Representative BARKER

                             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.

  Directs Department of Transportation to provide photograph on
driver license, driver permit or identification card to licensed
private investigator { +  for specified purposes + }.

                        A BILL FOR AN ACT
Relating to private investigators; amending ORS 802.179, 802.181,
  802.187, 802.189, 802.191 and 807.115.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 802.179 is amended to read:
  802.179. (1) The Department of Transportation, upon request or
as required by law, shall disclose personal information from a
motor vehicle record to a government agency for use in carrying
out its governmental functions.
  (2) The department shall disclose personal information from a
motor vehicle record for use in connection with matters of motor
vehicle or driver safety and theft, motor vehicle emissions,
motor vehicle product alterations, recalls or advisories,
performance monitoring of motor vehicles and dealers by motor
vehicle manufacturers, and removal of nonowner records from the
original owner records of motor vehicle manufacturers to carry
out the purposes of any of the following federal Acts:
  (a) The Automobile Information Disclosure Act.
  (b) The Motor Vehicle Information and Cost Saving Act.
  (c) The National Traffic and Motor Vehicle Safety Act of 1966.
  (d) The Anti-Car Theft Act of 1992.
  (e) The Clean Air Act.
  (3)(a) If the department determines that a business is a
legitimate business, the department shall disclose personal
information to the business for use in the normal course of
business in:
  (A) Verifying the accuracy of personal information submitted to
the business; or
  (B) Correcting personal information submitted to the business,
but only in order to:
  (i) Prevent fraud;
  (ii) Pursue legal remedies against the individual who submitted
the personal information; or

  (iii) Recover a debt from, or satisfy a security interest
against, the individual.
  (b) The department shall adopt rules specifying the kind of
information that the department will accept as evidence that a
business is a legitimate business.
  (4) The department shall disclose personal information to:
  (a) An attorney, a financial institution as defined in ORS
chapter 706 or a collection agency registered under ORS 697.031
for use in connection with a civil, criminal, administrative or
arbitration proceeding in any court, government agency or
self-regulatory body. Permissible uses of personal information
under this paragraph include, but are not limited to, service of
process, investigation in anticipation of litigation and the
execution and enforcement of judgments and orders.
  (b) A process server acting as an agent for an individual for
use in serving documents in connection with an existing civil,
criminal, administrative or arbitration proceeding, or a
judgment, in any court, government agency or self-regulatory
body. Nothing in this paragraph limits the activities of a
process server when acting as an agent for an attorney,
collection agency or like person or for a government agency.
  (5) The department shall disclose personal information other
than names to a researcher for use in researching health and
educational questions and providing statistical reports, as long
as the personal information is not published, redisclosed or used
to contact individuals. The department may disclose information
under this subsection only for research sponsored by an
educational institution or a health research institution.
  (6) The department shall disclose personal information to an
insurer, an insurance support organization or a self-insured
entity in connection with claims investigation activities,
antifraud activities, underwriting or rating.
  (7) The department shall disclose personal information
regarding ownership or other financial interests in a vehicle to
a person who is required by the state or federal Constitution, a
statute or an ordinance to give notice to another person
concerning the vehicle. Personal information disclosed under this
subsection may be used only for giving the required notice.
Persons authorized to receive personal information under this
subsection include, but are not limited to:
  (a) Tow companies;
  (b) Persons who have or are entitled to have liens on the
vehicle; and
  (c) Persons taking an action that could affect ownership rights
to the vehicle.
  (8) The department shall disclose personal information to any
private security professional certified under ORS 181.878, to be
used for the purpose of determining ownership of vehicles parked
in a place over which the private security professional, acting
within the scope of the professional's employment, exercises
control.
  (9) The department shall disclose personal information to the
employer of an individual who holds a commercial driver license,
or the insurer of the employer, to obtain or verify information
about the holder of the commercial driver license.
  (10) The department shall disclose personal information to the
operator of a private toll facility for use in collecting tolls.
  (11) The department may not disclose personal information for
bulk distributors of surveys, marketing materials or
solicitations except as provided in this subsection. The
department shall implement methods and procedures to ensure:
  (a) That individuals are offered an opportunity to request that
personal information about themselves be disclosed to bulk
distributors; and

  (b) That the personal information provided by the department
will be used, rented or sold solely for bulk distribution of
surveys, marketing materials and solicitations.
  (12) The department shall disclose personal information to a
person who requests the information if the requester provides the
department with written permission from the individual whose
personal information is requested. The written permission from
the individual must be notarized.
  (13) The department shall disclose personal information to a
person who is in the business of disseminating such information
under the following conditions:
  (a) In addition to any other requirements under the contract
executed pursuant to paragraph (b) of this subsection, the person
requesting the information must file a performance bond with the
department in the amount of $25,000. The bond must be executed in
favor of the State of Oregon and its form is subject to approval
by the Attorney General.
  (b) The disseminator shall enter into a contract with the
department. A contract under this paragraph shall contain at
least the following provisions:
  (A) That the disseminator will not reproduce or distribute the
personal information in bulk but only in response to an
individual record inquiry.
  (B) That the disseminator will provide the personal information
only to a person or government agency authorized to receive the
information under this section and only if the person or
government agency has been authorized by the department to
receive the information.
  (C) That the disseminator will have a method of ensuring that
the disseminator can delay for a period of up to two days the
giving of personal information to a requester who is not a
subscriber.
  (14) The department shall disclose personal information to
representatives of the news media for the gathering or
dissemination of information related to the operation of a motor
vehicle or to public safety.
  (15) The department shall disclose personal information as
provided in ORS 802.220 (5).
  (16) The department shall adopt rules providing for the release
of personal information from motor vehicle records to a person
who has a financial interest in the vehicle. Rules adopted under
this subsection may include, but need not be limited to, rules
establishing procedures for the department to verify the
financial interest of the person making the request for personal
information.
  (17) The department shall adopt rules providing for the release
of personal information from motor vehicle records to a person
who is injured by the unsafe operation of a vehicle or who owns
property that is damaged because of the unsafe operation of a
vehicle.
  (18) { + (a) + } The department shall disclose personal
information to a private investigator licensed by any licensing
authority within the State of Oregon, to be used for any purpose
permitted any person under this section.
   { +  (b) The department shall disclose a photograph to a
private investigator licensed by any licensing authority within
the State of Oregon, to be used in connection with any civil,
criminal or administrative proceeding, arbitration in any
federal, state or local court or agency or arbitration before any
self-regulatory body, including the service of process,
investigation in anticipation of litigation and the execution or
enforcement of judgments and orders, or pursuant to an order of a
federal, state or local court.
  (c) + } A licensed private investigator requesting information
 { + or a photograph under this subsection + } must prove to the
department that the person has a corporate surety bond, an
irrevocable letter of credit issued by an insured institution as
defined in ORS 706.008 or such other security as the Department
of Public Safety Standards and Training may prescribe by rule in
the minimum amount of $5,000 or errors and omissions insurance in
the minimum amount of $5,000.
  (19) The department shall disclose personal information to a
procurement organization as defined in ORS 97.953 for the purpose
of facilitating the making of anatomical gifts under the
provisions of ORS 97.955.
  SECTION 2. ORS 802.181 is amended to read:
  802.181. (1) Except as otherwise provided in subsections (2) to
(5) { +   + }of this section, a person or government agency that
is authorized under ORS 802.179 to receive personal information
from motor vehicle records may resell or redisclose the
information only:
  (a) To a person or government agency authorized to receive the
information under ORS 802.179 and only if the person or
government agency is authorized by the Department of
Transportation to receive the resold or redisclosed information;
and
  (b) For purposes authorized under ORS 802.179.
  (2) A researcher who receives personal information under ORS
802.179 (5) may not resell or redisclose the information except
as provided in ORS 802.179 (5).
  (3) A person who receives personal information under ORS
802.179 (11) may not resell or redisclose the information except
as provided in ORS 802.179 (11).
  (4) A representative of the news media who receives personal
information under ORS 802.179 (14) may not resell or redisclose
the information except as provided in ORS 802.179 (14).
  (5) No one who receives personal information from the
department under ORS 802.179 may sell or redisclose the
information to a person who is in the business of disseminating
the information.
  (6) { +   + }A person who resells or rediscloses personal
information as authorized by this section, other than a
representative of the news media, must keep records for a period
of five years that identify each person who receives the
information and the permitted purpose for which the person
received the information.  Records kept in accordance with this
subsection must be made available to the department on request.
   { +  (7) A private investigator who receives a photograph
under ORS 802.179 (18) may use the photograph only for the
purposes described in ORS 802.179 (18)(b) and may not resell or
redisclose the photograph. + }
    { - (7) - }  { +  (8) + } A procurement organization that
receives personal information as authorized by ORS 802.179 (19)
may not resell or redisclose the information.
    { - (8) - }  { +  (9) + } The State of Oregon is immune from
liability for any claim resulting from the resale or redisclosure
of personal information  { + or photographs + } under this
section.
  SECTION 3. ORS 802.187 is amended to read:
  802.187. (1) Nothing in ORS 802.175 to 802.187 authorizes
disclosure by the Department of Transportation of personal
information  { + or of a photograph + } that is barred from
disclosure by the provisions of ORS 192.445 or 192.502 (2).
  (2) Nothing in ORS 802.175 to 802.187 prohibits an individual
from having access to personal information about the individual
that is contained in motor vehicle records.
  SECTION 4. ORS 802.189 is amended to read:
  802.189. Knowingly obtaining or using personal information
 { + or a photograph + } from a motor vehicle record in violation
of ORS 802.175 to 802.187 is a Class A misdemeanor.
  SECTION 5. ORS 802.191 is amended to read:

  802.191. (1) A person aggrieved by an intentional violation of
ORS 802.175 to 802.187 may bring an action at law against a
person who has knowingly obtained or used personal information
about  { + or a photograph of + } the aggrieved person in
violation of ORS 802.175 to 802.187. The action shall be for
actual damages or $2,500, whichever is greater, plus attorney
fees and court costs reasonably incurred in the action.
  (2) A person aggrieved by a violation of ORS 802.175 to
802.187, a district attorney or the Attorney General may obtain
appropriate relief to enforce ORS 802.175 to 802.187, together
with attorney fees and costs reasonably incurred in an action for
relief.
  (3) Any person whose use or obtaining of personal information
 { +  or a photograph + } in violation of ORS 802.175 to 802.187
subjects the State of Oregon to any liability or claim shall
indemnify and hold harmless this state from all such liability
and any claims, including attorney fees and court costs, incurred
in any proceeding arising under ORS 802.175 to 802.187.
  SECTION 6. ORS 807.115 is amended to read:
  807.115. The Department of Transportation shall retain a
duplicate image of each photograph used on a driver license under
the provisions of ORS 807.110 or an identification card under ORS
807.400. The duplicates may not be made available to anyone other
than law enforcement officials and employees of the department
acting in an official capacity { +  and private investigators as
provided under ORS 802.179 + }.
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