Bill Text: OR SB833 | 2013 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to documents issued by the Department of Transportation.

Spectrum: Moderate Partisan Bill (Democrat 22-4)

Status: (Passed) 2013-05-10 - Effective date, January 1, 2014. [SB833 Detail]

Download: Oregon-2013-SB833-Engrossed.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

SA to A-Eng. SB 833

LC 3765/SB 833-A14

                      SENATE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 833

              By JOINT COMMITTEE ON WAYS AND MEANS

                            April 19

  On page 1 of the printed A-engrossed bill, line 2, delete '
and'.
  In line 3, after '802.160,' insert '802.200,' and after '
807.375' insert '; and limiting expenditures'.
  In line 15, delete 'license or permit' and insert 'type of
driving privileges'.
  On page 2, line 1, delete ', if any,'.
  In line 2, after 'Administration' insert 'or provides a written
statement that the person has not been assigned a Social Security
number'.
  On page 3, after line 10, insert:
  ' (8) Fee for reinstatement of revoked driving privileges under
ORS 809.390, $75.
  ' (9) Fee for reinstatement of suspended driving privileges
under ORS 809.380, $75.
  ' (10) Fee for reinstatement of right to apply for driving
privileges after a delay under ORS 809.280 (10) (1997 Edition),
the same as the fee for reinstatement of suspended driving
privileges.'.
  In line 35, delete '(4)' and insert '(5)'.
  In line 38, delete '(4)' and insert '(5)'.
  On page 9, after line 11, insert:
  '  { +  SECTION 14. + } ORS 802.200 is amended to read:
  ' 802.200. In addition to any other records the Department of
Transportation may establish, the department is subject to the
following provisions concerning records:
  ' (1) The department shall maintain records concerning the
titling of vehicles in this state. The records under this
subsection shall include the following:
  ' (a) For vehicles issued a title by this state, the records
shall identify the vehicle and contain the following:
  ' (A) The name of the vehicle owner and any security interest
holders in order of priority, except that a security interest
holder need not be identified if the debtor who granted the
interest is in the business of selling vehicles and the vehicles
constitute inventory held for sale;
  ' (B) The name of any lessor of the vehicle;
  ' (C) The vehicle description; and
  ' (D) Whether a certificate of title was issued for the
vehicle.
  ' (b) If the vehicle is an antique vehicle that is
reconstructed, the records shall indicate that the vehicle is
reconstructed.
  ' (c) If the vehicle is a replica, the records shall indicate
that the vehicle is a replica.
  ' (d) Any other information concerning the titling of vehicles
that the department considers convenient or appropriate.
  ' (e) All odometer readings for a vehicle that are reported to
the department under provisions of the vehicle code.

  ' (f) If the vehicle has been reported to the department as a
totaled vehicle under the provisions of ORS 819.012 or 819.014,
the records shall indicate that the vehicle is a totaled vehicle
unless the reason for the report was theft and the vehicle has
been recovered.
  ' (2) If a vehicle that has been registered or titled in
another jurisdiction is registered or titled in this state, the
department shall retain a record of any odometer readings shown
on the title or registration documents submitted to the
department at the time of registration or title.
  ' (3) Except as otherwise provided in ORS 826.003, the
department shall maintain records concerning the registration of
vehicles required to be registered by the department. The records
concerning the registration of vehicles may be stored along with
records concerning the titling of vehicles. The records under
this subsection shall include the following:
  ' (a) For vehicles registered by the department, the records
shall identify the vehicle and contain the following:
  ' (A) The registration plate number assigned by the department
to the vehicle;
  ' (B) The name of the vehicle owner;
  ' (C) The vehicle description and vehicle identification
number; and
  ' (D) An indication that the vehicle is a totaled vehicle if it
has been reported to the department as a totaled vehicle under
the provisions of ORS 819.012 or 819.014, unless the reason for
the report was theft and the vehicle has been recovered.
  ' (b) Any other information concerning the registration of
vehicles that the department considers convenient or appropriate.
  ' (4) The department shall maintain separate records for the
regulation of vehicle dealers. The records required under this
subsection shall include the following information about persons
issued dealer certificates:
  ' (a) The person's application for a vehicle dealer
certificate.
  ' (b) An alphabetical index of the name of each person applying
for a vehicle dealer certificate.
  ' (c) A numerical index according to the distinctive number
assigned to each vehicle dealer.
  ' (5) The department shall maintain a file on vehicles for
which the title record is canceled under ORS 819.030. The records
required under this subsection shall disclose the last registered
owner of each vehicle, any security interest holder or holders
and lessors of each vehicle as shown by the canceled title record
for each vehicle and the make and year model for each vehicle.
  ' (6) The department shall maintain a record of each agreement
or declaration under ORS 802.500 and 802.520.
  ' (7) The department shall maintain separate and comprehensive
records of all transactions affecting the Revolving Account for
Emergency Cash Advances described under ORS 802.100.
  ' (8) The department shall maintain suitable records of driver
licenses, driver permits { + , driver cards + } and
identification cards. The records required under this subsection
shall include all of the following:
  ' (a) An index by name and number.
  ' (b) Supporting documentation of all driver licenses, driver
permits { + , driver cards + } or identification cards issued.
  ' (c) Every application for a driver license, driver
permit { + , driver card + } or identification card.
  ' (d) All driver licenses   { - or - }  { + , + } driver
permits { +  or driver cards + } that have been suspended or
revoked.
  ' (e)  { + Except as provided in paragraph (f) of this
subsection, + } for each driver license, driver permit or
identification card, the Social Security number of the person to
whom the driver license, driver permit or identification card is
issued or proof that the person is not eligible for a Social
Security number.
  '  { +  (f) For each driver card, the Social Security number of
the person to whom the driver card is issued or a written
statement that the person has not been assigned a Social Security
number. + }
  '  { - (f) - }  { +  (g) + } For each commercial driver
license, the Social Security number of the person to whom the
license is issued, or any other number or identifying information
that the Secretary of the United States Department of
Transportation determines appropriate to identify the person.
  ' (9) The Department of Transportation shall maintain a
two-part driving record consisting of an employment driving
record and a nonemployment driving record for each person as
required under this subsection. All of the following apply to the
records required under this subsection:
  ' (a) The department shall maintain driving records on:
  ' (A) Every person who is granted driving privileges under a
driver license, driver permit { + , driver card + } or a
statutory grant of driving privileges under ORS 807.020;
  ' (B) Every person whose driving privileges have been
suspended, revoked or canceled under this vehicle code;
  ' (C) Every person who has filed an accident report under ORS
811.725 or 811.730; and
  ' (D) Every person who is required to provide future
responsibility filings under ORS 806.200, 806.220, 806.230 or
806.240.
  ' (b) In addition to other information required by this
paragraph, the employment driving record shall include all
reports of drug test results that are made to the department
under ORS 825.410. Notwithstanding any other provision of law,
release of the portion of the employment driving record that
shows drug test results reported under ORS 825.410 is permitted
only in accordance with ORS 802.202. The employment driving
record shall also include all motor vehicle accidents that the
person is required to report under ORS 811.720, all suspensions
of driving privileges required to be placed on the record under
ORS 809.280, all suspensions of the person's commercial driver
license that result from operation or use of a commercial motor
vehicle and all convictions of the person for violation of motor
vehicle laws except convictions for offenses requiring mandatory
revocation or suspension of driving privileges under ORS 809.409,
809.411, 809.413 and 813.400, but shall include only such
accidents, suspensions and convictions that occur while the
person is driving a motor vehicle:
  ' (A) In the course of the person's employment when the person
is employed by another for the principal purpose of driving a
motor vehicle;
  ' (B) Carrying persons or property for compensation;
  ' (C) In the course of the person's employment in the
collection, transportation or delivery of mail if the vehicle is
government owned or marked for the collection, transportation or
delivery of mail in accordance with government rules;
  ' (D) That is an authorized emergency vehicle;
  ' (E) That is a commercial motor vehicle; or
  ' (F) In the course of the person's employment with a federal,
state or local government in a public works project involving
repair or maintenance of water, sewer or road systems.
  ' (c) The nonemployment driving record shall include the
person's:
  ' (A) Motor vehicle accidents that the person is required to
report under ORS 811.720, other than the motor vehicle accidents
that are included on the person's employment driving record;
  ' (B) Suspensions, cancellations and revocations of licenses,
permits and driving privileges;

  ' (C) Convictions for violation of the motor vehicle laws other
than those included in the employment driving record including,
for each violation of ORS 811.100 or 811.111, the speed at which
the person was convicted of traveling and the posted speed, the
speed limit or the speed that constitutes prima facie evidence of
violation of the basic speed rule, as appropriate; and
  ' (D) Diversion agreements entered into under ORS 813.220
within the preceding 15 years.
  ' (d) The department may record other entries to indicate
correspondence, interviews, participation in driver improvement
programs or other matters concerning the status of the driving
privileges of the person.
  ' (e) When a person from another jurisdiction applies for a
driver license or driver permit issued by this state, the
department shall request a copy of the person's driving record
from the other jurisdiction. At the time the person is issued a
license in Oregon, the record from the other jurisdiction shall
become part of the driver's record in this state with the same
force and effect as though entered on the driver's record in this
state in the original instance. The department by rule may
specify methods for converting entries from out-of-state records
for use in Oregon.
  ' (f) When a suspension of a driver permit, driver license or
other driving privilege is placed on the driving record under ORS
809.280 for failure to appear in court on a traffic crime, the
department shall note on the record that the suspension was for
failure to appear in court and shall also note the offense
charged against the person on which the person failed to appear.
  ' (g) The Department of Transportation, in consultation with
the Department of State Police, shall devise and implement a
method of noting suspensions and revocations of driving
privileges on the record in such a way that police agencies can
determine directly from the record what class of offense, as
provided by law, is committed by a person who drives in violation
of the suspension or revocation. If the Department of
Transportation and the Department of State Police devise a
mutually agreeable alternative method of informing police
agencies of the nature of a suspension or revocation and the
consequences of its violation, the implementation of that method
shall satisfy the duty of the Department of Transportation under
this paragraph.
  ' (10) The Department of Transportation shall maintain records
of judgments or convictions sent to the department under ORS
810.375.
  ' (11) The department shall maintain accident reports filed
with the department under ORS 810.460 and 811.725 to 811.735.
  ' (12) The department shall maintain records of bank checks or
money orders returned under ORS 802.110.
  ' (13) The department shall maintain records of trip permits
issued by the department under ORS 803.600, as provided under
this subsection. The records required by this subsection shall
include the following:
  ' (a) A description of the vehicle sufficient to identify the
vehicle.
  ' (b) The person to whom the permit was issued.
  ' (c) When the permit was issued.
  ' (d) The type of permit issued.
  ' (e) For registration weight trip permits, the maximum
allowable registration weight permitted for operation under the
permit.
  ' (f) Any other information the department determines
appropriate or convenient.
  '  { +  SECTION 15. + }  { + Notwithstanding any other law
limiting expenditures, the amount of $4,708,505 is established
for the biennium beginning July 1, 2013, as the maximum limit for
payment of expenses for the purpose of carrying out section 2 of
this 2013 Act from fees, moneys or other revenues, including
Miscellaneous Receipts, but excluding lottery funds and federal
funds, collected or received by the Department of Transportation
under section 5 of this 2013 Act. + } ' .
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