Bill Text: OR SB266 | 2011 | Regular Session | Introduced

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Bill Title: Relating to tollways.

Sponsorship: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB266 Detail]

Download: Oregon-2011-SB266-Introduced.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 363

                         Senate Bill 266

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Business and Transportation for American Civil Liberties Union
  of Oregon and former Senator Rick Metsger)

                             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 tollway operator from charging more for toll based
solely on method of payment. Provides exception.
  Prohibits person, other than tollway operator, from reading
transponder.
  Requires tollway operator to accept cash payment at toll booth
and other similar facilities and to provide person anonymous
method for funding account established for purpose of using
electronic toll collection system.
  Directs Department of Transportation to develop privacy policy
and to provide copy of policy to account holders using electronic
toll collection system.
  Imposes civil penalty on tollway operator for failure to
perform certain duties.
  Requires that records and information used to collect and
enforce tolls be destroyed within 30 days after receiving final
payment, fees or penalties for toll.
  Specifies that records and information used to collect and
enforce tolls may be used only for toll collection. Provides
exceptions.

                        A BILL FOR AN ACT
Relating to tollways; creating new provisions; and amending ORS
  383.003, 383.006, 383.014, 383.075 and 802.179.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 to 10 of this 2011 Act are added to
and made a part of ORS 383.003 to 383.075. + }
  SECTION 2.  { + Except to cover the costs associated with using
a certain method of payment, a tollway operator may not charge
more for a toll based on the method of payment a person uses to
pay a toll. + }
  SECTION 3.  { + (1) A person, other than a tollway operator,
may not read or capture personally identifiable information
contained on another person's transponder.
  (2) Subsection (1) of this section does not apply to a person
who inadvertently reads a transponder while attempting to read
another device, if the inadvertently received data are not
stored, are promptly destroyed, are not disclosed to a third
party and are not used for any purpose.
  (3) In addition to any other remedy provided by law, an
individual whose personally identifiable information is read or
captured from a transponder in violation of this section may
bring an action to recover actual damages or $1,000, whichever is
greater, and to obtain equitable relief, if equitable relief is
available. A court shall award a prevailing plaintiff reasonable
costs and attorney fees. + }
  SECTION 4.  { + A tollway operator shall:
  (1) Accept cash payment from a person paying a toll at a toll
plaza, toll booth or similar fixed toll collection facility;
  (2) Provide a method for cash deposit into an account
established by a person for the purpose of using an electronic
toll collection system; and
  (3) Allow a person to establish an anonymous account for the
purpose of using an electronic toll collection system that is not
linked to a specific vehicle. + }
  SECTION 5.  { + (1) The Department of Transportation shall, by
rule, develop a privacy policy regarding the collection and use
of personally identifiable information used in the operation of
electronic toll collection systems.
  (2) When a person establishes an account for the purpose of
using an electronic toll collection system, the department shall
provide to the account holder a copy of the privacy policy in a
conspicuous and clear manner.
  (3) The department shall post the privacy policy developed in
subsection (1) of this section on its website.
  (4) The privacy policy must include, but is not limited to, a
description of the following:
  (a) The types of personally identifiable information tollway
operators are permitted to collect;
  (b) Persons tollway operators may share personally identifiable
information with and for what purposes;
  (c) The types and methods of payment options available to
account holders;
  (d) The remedies available for violation of section 3 of this
2011 Act;
  (e) The remedies available under section 6 of this 2011 Act for
violation of the privacy policy developed in this section or for
violation of ORS 383.075;
  (f) The process by which the department shall notify account
holders of material changes to the department's privacy policy;
  (g) The effective date of the privacy policy; and
  (h) The process by which an account holder may review and
request changes to any of the account holder's personally
identifiable information. + }
  SECTION 6.  { + In addition to any other remedy provided by
law, an individual whose personally identifiable information is
collected, stored or otherwise used in violation of the privacy
policy developed by the Department of Transportation under
section 5 of this 2011 Act or in violation of ORS 383.075 may
bring an action to recover actual damages or $1,000, whichever is
greater, and to obtain equitable relief, if equitable relief is
available.  A court shall award a prevailing plaintiff reasonable
costs and attorney fees. + }
  SECTION 7.  { + The Department of Transportation may inspect
the records of a tollway operator, other than the department, for
the purpose of determining compliance with any of the following:
  (1) The regulation of tolls under section 2 of this 2011 Act;
  (2) Section 4 of this 2011 Act; and
  (3) The requirements for storage and destruction of personally
identifiable information under section 10 of this 2011 Act. + }
  SECTION 8.  { + The Secretary of State may inspect the records
of the Department of Transportation when the department is acting

as a tollway operator, for the purpose of determining compliance
with any of the following:
  (1) The regulation of tolls under section 2 of this 2011 Act;
  (2) Section 4 of this 2011 Act; and
  (3) The requirements for storage and destruction of personally
identifiable information under section 10 of this 2011 Act. + }
  SECTION 9.  { + (1) The Department of Transportation shall
impose a civil penalty of $1,000 if a tollway operator, other
than the department, violates any provision of ORS 383.003 to
383.075 or a rule adopted under ORS 383.003 to 383.075.
  (2) A person may file with the Attorney General a written
complaint alleging that the Department of Transportation
committed a violation of a provision of ORS 383.003 to 383.075 or
a rule adopted under ORS 383.003 to 383.075, stating the reason
for believing that the violation occurred and providing any
evidence relating to the violation. The Attorney General may not
accept an anonymous complaint.
  (3) Upon receipt of a complaint under subsection (2) of this
section, the Attorney General immediately shall examine the
complaint to determine whether the department committed a
violation of a provision of ORS 383.003 to 383.075 or a rule
adopted under ORS 383.003 to 383.075 and shall make any
investigation the Attorney General considers necessary.
  (4) If the Attorney General believes after an investigation
under subsection (3) of this section that the department
committed a violation of a provision of ORS 383.003 to 383.075 or
a rule adopted under ORS 383.003 to 383.075, the Attorney General
shall impose a civil penalty of $1,000.
  (5) Civil penalties under this section shall be imposed in the
manner provided in ORS 183.745 and may not be reduced. + }
  SECTION 10.  { + (1) Except as provided in subsection (2) of
this section, personally identifiable information used to collect
and enforce tolls shall be destroyed no later than 30 days after
the person has paid the toll, paid administrative fees or paid
penalties.
  (2) If a person establishes an account with a tollway operator
for the purpose of using an electronic toll collection system,
the tollway operator may store personally identifiable
information longer than 30 days if the information is required to
perform account functions such as billing account settlement or
enforcement activities. After receiving written notice that the
person wants to close the account, the tollway operator shall
destroy the information within 30 days. + }
  SECTION 11. ORS 383.003 is amended to read:
  383.003. As used in ORS 383.003 to 383.075:
  (1) 'Department' means the Department of Transportation.
  (2) 'Electronic toll collection system' means a system that
records use of a tollway by electronic transmissions to or from
the vehicle using the tollway and that collects tolls, or that is
capable of charging an account established by a person for use of
the tollway.
   { +  (3) 'Personally identifiable information' means any
information that identifies or describes a person, including, but
not limited to, the person's travel pattern data, electronic toll
collection system account number, address, telephone number,
electronic mail address, driver license or identification card
number, registration plate number, photograph, recorded images,
bank account information or credit card number. + }
    { - (3) - }  { +  (4) + } 'Photo enforcement system' means a
system of sensors installed to work in conjunction with an
electronic toll collection system and other traffic control
devices and that automatically produces videotape or one or more
photographs, microphotographs or other recorded images of a
vehicle in connection with the collection or enforcement of
tolls.

    { - (4) - }  { +  (5) + } 'Private entity' means any
nongovernmental entity, including a corporation, partnership,
company or other legal entity, or any natural person.
    { - (5) - }  { +  (6) + } 'Related facility' means any real
or personal property that:
  (a) Will be used to operate, maintain, renovate or facilitate
the use of the tollway;
  (b) Will provide goods or services to the users of the tollway;
or
  (c) Can be developed efficiently when tollways are developed
and will generate revenue that may be used to reduce tolls or
will be deposited in the State Tollway Account.
    { - (6) - }  { +  (7) + } 'Toll' means any fee or charge for
the use of a tollway.
    { - (7) - }  { +  (8) + } 'Toll booth collections' means the
manual or mechanical collection of cash or charging of an account
at a toll plaza, toll booth or similar fixed toll collection
facility.
    { - (8) - }  { +  (9) + } 'Tollway' means any roadway, path,
highway, bridge, tunnel, railroad track, bicycle path or other
paved surface or structure specifically designed as a land
vehicle transportation route, the construction, operation or
maintenance of which is wholly or partially funded with toll
revenues resulting from an agreement under ORS 383.005.
    { - (9) - }  { +  (10) + } 'Tollway operator' means the unit
of government or the private entity that is responsible for the
construction, reconstruction, installation, improvement,
maintenance, repair and operation of a tollway or a related
facility.
    { - (10) - }  { +  (11) + } 'Tollway project' means any
capital project involving the acquisition of land for, or the
construction, reconstruction, improvement, installation,
development or equipping of, a tollway, related facilities or any
portion thereof.
   { +  (12) 'Transponder' means a radio frequency identification
unit attached to a person's vehicle that transmits a radio signal
to a reader mounted in the toll collection facility. The purpose
of a transponder is to automatically identify a person's vehicle
as it passes through a toll collection facility and is used to
facilitate electronic toll collection systems. + }
    { - (11) - }  { +  (13) + } 'Unit of government' means any
department or agency of the federal government, any state, or any
agency, office or department thereof, and any city, county,
district, port or other public corporation organized and existing
under statutory law or under a voter-approved charter.
  SECTION 12. ORS 383.006 is amended to read:
  383.006.  { + Subject to section 4 of this 2011 Act, + } a
tollway operator may operate toll booth collections, an
electronic toll collection system, a photo enforcement system or
any combination of toll booth collections, an electronic toll
collection system and a photo enforcement system.
  SECTION 13. ORS 383.014 is amended to read:
  383.014.  { + (1) Except as provided in subsection (2) of this
section, + } the Oregon Transportation Commission shall set
standards by rule for electronic toll collection systems and
photo enforcement systems used on tollways in this state to
ensure that systems used in Oregon and systems used in the State
of Washington are compatible to the extent technology permits.
   { +  (2) A photo enforcement system may not be used unless a
sign is posted announcing 'Tolling Photo Enforced.' The sign
posted under this subsection must:
  (a) Be between 100 and 400 yards before the location of the
photo enforcement system; and
  (b) Be at least two feet above ground level. + }
  SECTION 14. ORS 383.075 is amended to read:

  383.075. (1) Except as provided in subsections { +   + }
 { - (2) and (3) - }  { + (2), (3) and (4) + } of this section,
records and  { + personally identifiable + } information used to
collect and enforce tolls are exempt from disclosure under public
records law and are to be used solely for toll collection
 { - and traffic management by the Department of
Transportation - } .
  (2)  { + Personally identifiable + } information collected or
maintained by an electronic toll collection system may not be
disclosed to anyone except:
  (a) The owner of an account that is charged for the use of a
tollway;
  (b) A financial institution, as necessary to collect tolls
owed;
  (c) Employees of the   { - department - }  { +  Department + }
 { +  of Transportation + };
  (d) The tollway operator and authorized employees of the
operator;
  (e) A law enforcement officer who is acting in the officer's
official capacity in connection with toll enforcement;
 { - and - }
  (f) An administrative law judge or court in an action or
proceeding in relation to unpaid tolls or administrative fees or
civil penalties related to unpaid tolls  { - . - }  { + ; and
  (g) The registered owner or apparent driver of the vehicle. + }
  (3)  { + Personally identifiable + } information collected or
maintained by a photo enforcement system may not be disclosed to
anyone except:
  (a) The registered owner or apparent driver of the vehicle;
  (b) Employees of the department;
  (c) The tollway operator and authorized employees of the
operator;
  (d) A law enforcement officer who is acting in the officer's
official capacity in connection with toll enforcement; and
  (e) An administrative law judge or court in an action or
proceeding in relation to unpaid tolls or administrative fees or
civil penalties related to unpaid tolls.
   { +  (4) For the purpose of traffic management and research, a
tollway operator may aggregate and use information in records
after removing personally identifiable information. + }
  SECTION 15. 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 - }
 { + personally identifiable + } information { + , as defined in
ORS 383.003, + } 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) 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. A licensed private investigator
requesting information 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.
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