Directs the Department of Transportation to provide optional mobile driver licenses, driver permits and identification cards.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 416
Sponsored by Senator WOODS (Presession filed.)
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. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act directs ODOT to issue mobile driver licenses to those who want them and pay
a fee. (Flesch Readability Score: 71.0).
Directs the Department of Transportation to provide optional mobile driver licenses, driver
permits and identification cards. Provides that the department may contract with private entities
to provide mobile credentials and establish fees.
A BILL FOR AN ACT
Relating to electronic credentials issued by the Department of Transportation; creating new pro-
visions; and amending ORS 801.245, 801.250, 802.200, 807.010, 807.040, 807.050, 807.110, 807.400,
807.410 and 807.750.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
Section 2 of this 2025 Act is added to and made a part of the Oregon Vehicle
Code.
SECTION 2. (1) The Department of Transportation shall provide, or contract with a pri-
vate entity to provide, driver licenses, driver permits and identification cards in an electronic
format. The department or entity may develop a mobile software application capable of being
utilized through a person’s electronic device to access the person’s driver license, driver
permit or identification card. A driver license, driver permit or identification card that is
accessed electronically may be known as a mobile driver license, mobile driver permit or
mobile identification card.
(2) The department may contract with one or more private entities to carry out the
provisions of this section.
(3) In addition to any fee for issuing driver licenses, driver permits or identification cards
specified in ORS 807.370 or 807.410, the department may charge a fee for services authorized
by this section.
(4) The department shall suspend, disable or terminate a person’s access to a driver li-
cense or driver permit in an electronic format if:
(a) The person’s driving privileges are suspended, revoked, denied or canceled under the
laws of this state; or
(b) The person reports that the person’s electronic device has been lost, stolen or oth-
erwise compromised.
(5) The use of an electronic device to display a driver license, driver permit or identifi-
cation card in an electronic format, as provided under this section, does not constitute con-
sent for a police officer to access other contents of the electronic device.
(6) When a person is required to surrender a driver license or driver permit that was
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
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issued in an electronic format, the person shall follow procedures adopted by the department
by rule. The department may not require the person to surrender an electronic device that
holds the license or permit.
(7) This section does not apply to the following:
(a) A commercial driver license; or
(b) A commercial learner driver permit.
(8) The department may adopt rules to establish fees and carry out the provisions of this
section. Before adopting, amending or repealing a rule governing issuance of driver licenses,
driver permits or identification cards in an electronic format, the department shall consider
the recommendations of the American Association of Motor Vehicle Administrators.
SECTION 3.
ORS 801.245 is amended to read:
801.245. “Driver license” or “license” may have any or all of the meanings provided for the
terms under this section as required or appropriate under the section referring to the term. The
term “driver license” may be used interchangeably with “license” and either term may be used in
any or all of the following ways:
(1) It may refer to a document issued in either a physical or electronic format [ by] under
the laws of this state or any other jurisdiction as evidence of a grant of driving privileges.
(2) It may refer to general driving privileges granted by this state or another jurisdiction.
SECTION 4.
ORS 801.250 is amended to read:
801.250. “Driver permit” means a grant of driving privileges by this state or another jurisdiction
that is more limited than those available under a license or that is only available under special or
limited circumstances. The term may also refer to a document issued in either a physical or
electronic format as evidence of a grant of driving privileges under a driver permit. Driver permits
issued by this state include the following:
(1) Applicant temporary driver permit described under ORS 807.310.
(2) Court issued temporary driver permit described under ORS 807.320.
(3) Disability golf cart driver permit described under ORS 807.210.
(4) Emergency driver permit described under ORS 807.220.
(5) Instruction driver permit described under ORS 807.280.
(6) Hardship driver permit described under ORS 807.240.
(7) Special student driver permit described under ORS 807.230.
(8) Special temporary instruction driver permit described under ORS 807.290.
(9) Court bail driver permit described under ORS 807.330.
(10) Temporary driver permit described under ORS 813.110.
(11) Commercial learner driver permit described under ORS 807.285.
SECTION 5.
ORS 807.010 is amended to read:
807.010. (1) A person commits the offense of operating a vehicle without driving privileges if the
person operates a motor vehicle upon a highway or premises open to the public in this state and the
person does not have an appropriate grant of driving privileges from this state in the form of a li-
cense, driver permit, endorsement or statutory grant of driving privileges allowing the person to
engage in the particular type of operation.
(2) A person to whom a license or driver permit is issued commits the offense of violating license
restrictions if the person operates a motor vehicle in any manner that violates restrictions that are
placed upon the person’s driving privileges by the Department of Transportation under ORS 807.120
or 807.122, by a court under ORS 809.270, or by the vehicle code.
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(3) When a person presents a driver license or driver permit in an electronic format, as
provided under section 2 of this 2025 Act, and a police officer is unable to immediately verify
the proof of driver license or driver permit, the person shall present the driver license or
driver permit in its physical format.
[(3)] (4) Nothing in this section is applicable to a person who is driving while suspended or re-
voked in violation of ORS 811.175 or 811.182. Persons who violate ORS 811.175 or 811.182 are subject
to the provisions and penalties provided therein and are not subject to the penalties and provisions
of this section.
[(4)] (5) Except as provided in subsection [ (5)] (6) of this section, the offense described in sub-
section (1) of this section, operating a vehicle without driving privileges, is a Class B traffic vio-
lation.
[(5)] (6) The offense described in subsection (1) of this section, operating a vehicle without
driving privileges, that results from a person operating a motorcycle without a motorcycle endorse-
ment, is a Class A traffic violation.
[(6)(a)] (7)(a) The court shall suspend a fine imposed under subsection [ (5)] (6) of this section
on the condition that the person, within 120 days of the date of sentencing:
(A) Complete a motorcycle education course established by the department under ORS 802.320;
and
(B) Obtain a motorcycle endorsement issued under ORS 807.170.
(b) The court shall set a hearing date for 120 days from the date of sentencing. At the hearing
the court shall:
(A) If the person has successfully completed the requirements described in paragraph (a)(A) and
(B) of this subsection, enter a sentence of discharge; or
(B) If the person has not successfully completed the requirements described in paragraph (a)(A)
and (B) of this subsection:
(i) Grant the person an extension based on good cause shown; or
(ii) Impose the fine under subsection [(5)] (6) of this section.
[(7)] (8) The offense described in subsection (2) of this section, operating in violation of license
restrictions, is a Class B traffic violation.
SECTION 6.
ORS 807.050 is amended to read:
807.050. An application for a driver license shall be in a form approved by the Department of
Transportation. An application must contain all the following:
(1) The applicant’s full legal name, sex, date of birth, residence address, except as otherwise
provided for corrections officers in ORS 802.253, eligible employees in ORS 802.250 or Address
Confidentiality Program participants in ORS 192.846, and post-office address other than general de-
livery. The department may provide by rule for acceptance of something other than an actual resi-
dence 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. The department shall adopt rules to identify what consti-
tutes proof of address for purposes of this subsection. Proof of address may include, but is not lim-
ited to, providing a utility bill, a tax return, a record from a financial institution, a proof of
insurance card or a health benefits card, a selective service card, a mortgage document or a lease
agreement. The applicant may provide the proof of address by submitting proof in the form of an
original document or a copy of a document, use an electronic device to display proof of address, or
provide proof through the use of a third party address verification system.
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(2) The class of driver license sought.
(3) The Social Security number of the applicant or other number or identifying information de-
termined appropriate by the Secretary of the United States Department of Transportation, if the
application is for a commercial driver license or a commercial learner driver permit or if the Oregon
Department of Transportation by rule requires the Social Security number on the application.
(4) Whether or not the applicant wants to make an anatomical gift, as defined in ORS 97.953.
(5) Any other information the department deems necessary to assist the department in deter-
mining whether the applicant is qualified or eligible to be licensed.
(6) The signature of the applicant.
(7) Whether or not the applicant wants a driver license issued in an electronic format.
SECTION 7.
ORS 807.040 is amended to read:
807.040. (1) The Department of Transportation shall issue a driver license to any person who
complies with all of the following requirements:
(a) The person must complete an application for a license under ORS 807.050.
(b)(A) As required by ORS 807.021, a person applying for a driver license or driver permit must
provide the Social Security number assigned to the person by the United States Social Security
Administration or a written statement that the person has not been assigned a Social Security
number.
(B) As used in this paragraph, a “driver license” or “driver permit” means a driver license or
driver permit that is not a:
(i) Real ID;
(ii) Commercial driver license; or
(iii) Commercial learner driver permit.
(c) The person must submit to collection of biometric data by the department that establish the
identity of the person as described in ORS 807.024.
(d) The person must not be ineligible for the license under ORS 807.060 and must be eligible for
the license under ORS 807.062.
(e) The person must successfully pass all examination requirements under ORS 807.070 for the
class of license sought.
(f) The person must pay the appropriate license fee under ORS 807.370 for the class of license
sought.
(g) The person must pay the Student Driver Training Fund eligibility fee.
(h) If the application is for a commercial driver license, the person must be the holder of a Class
C license or any higher class of license.
(i) If the application is for a commercial driver license, the department must have received and
recorded, in a form approved by the department, the report of a medical examination that establishes
that the person meets the medical requirements to operate a commercial motor vehicle. The de-
partment, by rule, shall establish medical requirements for purposes of this paragraph. The medical
requirements established under this paragraph may include any requirements the department deter-
mines are necessary for the safe operation of vehicles permitted to be operated under the class of
license for which the requirements are established.
(j) If the application is for a Real ID commercial driver license or a commercial driver license
that is not a Real ID, the person must:
(A) Have at least one year’s driving experience, including relevant experience obtained in the
military;
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(B) Not be subject to a lifetime suspension of commercial driving privileges under ORS 809.520;
(C) Not be otherwise ineligible to hold a commercial driver license;
(D) Hold a commercial learner driver permit if the person must complete a skills demonstration
under ORS 807.070 (3);
(E) Submit valid documentation, as defined by the department by rule, that the person is a citi-
zen or lawful permanent resident of the United States or is a citizen of a country with a Compact
of Free Association with the United States; and
(F) Provide the Social Security number assigned to the person by the United States Social Se-
curity Administration for verification by the department with the administration.
(k) The person must present acceptable documents to prove identity, date of birth and address.
The department shall determine by rule which documents are acceptable to prove identity, date of
birth and address.
(L) If the application is for a Real ID, the person must comply with the requirements under the
vehicle code for issuance of Real IDs.
(m) If the application is for a driver license or driver permit issued in an electronic for-
mat, the person must pay the fee established by the department by rule pursuant to section
2 of this 2025 Act.
(2) Except as provided in subsection (3) of this section, acceptable documents to prove identity,
date of birth or address under subsection (1)(k) of this section when a person is applying for a driver
license, driver permit or identification card that is not a Real ID, a commercial driver license, or
a commercial learner driver permit, include but are not limited to the following:
(a) An unexpired valid passport from the person’s country of citizenship;
(b) An unexpired valid consular identification document issued by the consulate of the person’s
country of citizenship, if the department determines that the procedure used in issuing the consular
identification document is sufficient to prove the person’s identity;
(c) A driver license, driver permit or identification card issued by this state that expired not
more than 13 years from the date of the current application; or
(d) A driver license, driver permit or identification card issued by another state that:
(A) Is unexpired; or
(B) Expired not more than one year from the date of the current application.
(3) The department may refuse to accept any document described in subsection (2) of this section
that is presented as proof of identity, date of birth or address, if the department has reason to be-
lieve that:
(a) The document is fraudulent, has been altered or does not belong to the person presenting the
document; or
(b) The procedures used by the agency that issued the document are no longer sufficient for
proving a person’s identity or date of birth.
(4) Subsection (1)(j)(E) of this section does not apply to a limited term commercial driver license
or a limited term commercial learner driver permit issued under ORS 807.730.
(5) The department shall work with other agencies and organizations to attempt to improve the
issuance system for driver licenses.
SECTION 8.
ORS 807.110 is amended to read:
807.110. (1) A driver license issued by the Department of Transportation shall contain all of the
following:
(a) The distinguishing number assigned to the person issued the driver license by the depart-
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ment.
(b) For the purpose of identification, a brief description of the person to whom the driver license
is issued.
(c) The full legal name of the person to whom the driver license is issued, except that the de-
partment may limit the number of characters displayed on the driver license.
(d) The date of birth and sex of the person to whom the driver license is issued.
(e) Except as provided for corrections officers in ORS 802.253, eligible employees in ORS 802.250
or Address Confidentiality Program participants in ORS 192.846, the residence address of the person
to whom the driver license is issued.
(f) Upon request of the person to whom the driver license is issued, the fact that the person is
an anatomical donor.
(g) Upon request of the person to whom the driver license is issued and presentation of proof,
as determined by the department, the fact that the person is a veteran, as defined in ORS 408.225.
(h) Upon order of the juvenile court, the fact that the person to whom the driver license is is-
sued is an emancipated minor.
(i) Except as otherwise provided in subsection (2) of this section, a photograph described in this
paragraph. A photograph required under this paragraph shall:
(A) Be a full-faced, color photograph of the person to whom the driver 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 driver license whether the application
is for an original driver license, replacement of a driver license under ORS 807.160 or renewal of a
driver license under ORS 807.150, except that the department, by rule, may allow the applicant to
use a photograph already on file with the department.
(j) The class of driver license issued and any endorsements granted.
(k) The signature of the person to whom the driver license is issued.
(L) If the driver license is not a Real ID, a design differentiating it from a Real ID.
(m) Upon request of the person to whom the driver license is issued, the fact that the person is
deaf or hard of hearing.
(2) The department may issue a valid driver license, other than a commercial driver license,
without a photograph to an applicant:
(a) Who objects on religious grounds;
(b) Who objects because of the applicant’s facial disfigurement; or
(c) Who is stationed outside of this state while serving in the active military service in the
Armed Forces of the United States or the National Guard, and the department does not have an
acceptable photograph of the applicant, as determined by the department by rule. This paragraph
applies to an applicant who is renewing or replacing a driver license.
(3) A limited term driver license or a limited term commercial driver license issued under ORS
807.730 shall indicate:
(a) That it is a limited term driver license; and
(b) The date on which the limited term driver license expires.
(4) The department shall use security procedures, processes and materials in the preparation,
manufacture and issuance of any driver license that prohibit as nearly as possible anyone’s ability
to alter, counterfeit, duplicate or modify the driver license without ready detection. The security
features used in the production of the driver licenses shall provide for:
(a) The authentication of a genuine document in a reasonable time; and
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(b) The production of the driver license only by equipment that requires verification of the
identity of the operator of the equipment before a driver license may be produced.
(5) A driver license shall be issued in a physical format as a card and if a person elects
and pays the required fee, in an electronic format as well.
SECTION 9.
ORS 807.400 is amended to read:
807.400. (1) The Department of Transportation shall issue an identification card to any person
who:
(a) Is domiciled in or is a resident of this state, as described in ORS 807.062;
(b) When applying for an identification card that is not a Real ID, provides the Social Security
number assigned to the person by the United States Social Security Administration or a written
statement that the person has not been assigned a Social Security number, as required under ORS
807.021;
(c) Does not have a current, valid driver license;
(d) Furnishes evidence of the person’s full legal name and date of birth; and
(e) Submits to collection of biometric data by the department that establish the identity of the
person as provided in ORS 807.024.
(2) The department shall work with other agencies and organizations to attempt to improve the
issuance system for identification cards.
(3) Every original application for an identification card must be signed by the applicant. The
department shall require proof to verify the address of an applicant for issuance of an identification
card in addition to other documents the department may require of the applicant. If the address of
an applicant has changed since the last time an identification card was issued to or renewed for the
applicant, the department shall require proof to verify the address of the applicant for renewal of
an identification card, in addition to anything else the department may require. The department
shall adopt rules to identify what constitutes proof of address for purposes of this subsection.Proof
of address may include, but is not limited to, providing a utility bill, a tax return, a record from a
financial institution, a proof of insurance card or a health benefits card, a selective service card, a
mortgage document or a lease agreement. The applicant may provide the proof of address by sub-
mitting proof in the form of an original document or a copy of a document, use an electronic device
to display proof of address, or provide proof through the use of a third party address verification
system.
(4) Every identification card shall be issued upon the standard driver license form described
under ORS 807.110 and shall bear a statement to the effect that the identification card is not a
driver license or any other grant of driving privileges to operate a motor vehicle and is to be used
for identification purposes only. The department shall use the same security procedures, processes,
materials and features for an identification card as are required for a driver license under ORS
807.110. The identification card is not required to contain the residence address of persons listed in
ORS 807.110 (1)(e).
(5) If the identification card is a limited term identification card issued under ORS 807.730, the
limited term identification card shall indicate:
(a) That it is a limited term identification card; and
(b) The date on which the limited term identification card expires.
(6) Upon order of the juvenile court, the department shall include on the card the fact that the
person issued the identification card is an emancipated minor.
(7) Upon request of the person to whom the identification card is issued and presentation of
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proof, as determined by the department by rule, that the person is a veteran, as defined in ORS
408.225, the department shall include on the card the fact that the person is a veteran.
(8) Each original identification card shall expire on a date consistent with the expiration dates
of licenses as set forth in ORS 807.130.
(9) Identification cards shall be renewed under the terms for renewal of licenses as set forth in
ORS 807.150.
(10) The fee for an original identification card or a renewal thereof shall be the fee established
under ORS 807.410.
(11) An identification card becomes invalid if the holder of the card changes the holder’s resi-
dence address from that shown on the identification card and does not provide the department with
notice of the change as required under ORS 807.420.
(12) If a person to whom an identification card was issued and who changes the person’s resi-
dence address submits an application for a replacement identification card, the department may is-
sue a replacement identification card containing the new address upon receipt of the old
identification card and payment of the fee established under ORS 807.410. Except as otherwise pro-
vided in subsection (14) of this section, the replacement identification card shall bear the same dis-
tinguishing number as the card being replaced.
(13) An identification card becomes invalid if the holder of the card changes the holder’s name
from that shown on the card, including a change of name by marriage, without providing the de-
partment with notice of the change as required under ORS 807.420. Upon receiving such notice and
the old identification card, the department shall issue a replacement identification card upon pay-
ment of the fee established under ORS 807.410.
(14) In the event that, for a reason identified by the department by rule, a person needs a re-
placement identification card that bears a distinguishing number different from the number on the
card being replaced, the person to whom the card was issued may obtain a replacement card from
the department upon furnishing proof satisfactory to the department of the need for such replace-
ment and payment of the fee established under ORS 807.410.
(15) If a person furnishes proof that the person is a veteran, as defined in ORS 408.225, and the
person’s identification card does not include the fact that the person is a veteran, the department
shall issue a replacement identification card that includes the fact that the person is a veteran.
(16) The department may establish by rule reasons for issuing replacement identification cards
that are in addition to the reasons identified in subsections (12) to (15) of this section. The fee for
a replacement identification card is provided under ORS 807.410.
(17) Upon cancellation of an identification card, the card is terminated and must be surrendered
to the department. An identification card may be canceled for any of the reasons that driving priv-
ileges or a driver license may be canceled under ORS 809.310. The department may reissue an
identification card canceled under this subsection when the applicant has satisfied all requirements
for the identification card.
(18) Notwithstanding any other provision of this section, the department may issue an identifi-
cation card to a person under this subsection without charge when the person surrenders the
person’s driver license or driver permit to the department for reasons described in this subsection.
If the department issues an identification card under this subsection, the identification card shall
expire at the same time as the surrendered driver license or driver permit would have expired. An
identification card issued under this subsection is subject to the same requirements and fees for
renewal or upon expiration as any other identification card issued under this section. The depart-
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ment may issue identification cards under this subsection for any of the following reasons:
(a) The person voluntarily surrenders the person’s driver license or driver permit to the de-
partment based upon the person’s recognition that the person is no longer competent to drive.
(b) The person’s driving privileges are suspended under ORS 809.419 (1). This paragraph only
applies if the person voluntarily surrenders the person’s driver license or driver permit to the de-
partment as provided under ORS 809.500.
(19) If a person is applying for an identification card that is a Real ID, the person must comply
with the requirements under the vehicle code for issuance of Real IDs.
(20) An identification card shall be issued in a physical format as a card and if a person
elects and pays the required fee, in an electronic format as well.
SECTION 10.
ORS 807.410 is amended to read:
807.410. (1) The following fees apply to identification cards unless otherwise provided by ORS
807.400 or otherwise provided by law:
(a) For issuance of an original identification card, $47.
(b) For renewal of an identification card, $43.
(c) For replacement of an identification card, $40.
(d) For reinstatement of an identification card after suspension, $85.
(e) For issuance of an original limited term identification card, $20.
(f) For renewal of a limited term identification card, $18.
(g) For replacement of a limited term identification card, $40.
(h) For issuance of an identification card in an electronic format, a fee established by the
Department of Transportation by rule pursuant to section 2 of this 2025 Act.
(2) The department [ of Transportation ] may not charge a fee for issuing, renewing or replacing
a parking identification card.
(3) The department may not charge a fee for issuing or renewing an identification card, or pro-
viding two replacement identification cards before the expiration of the current identification card,
for an individual who is experiencing homelessness. The individual shall present a form that indi-
cates the individual qualifies for the fee waiver, as determined by a nonprofit organization or state
agency that provides services to individuals experiencing homelessness. Before a nonprofit organ-
ization or state agency issues documentation under this subsection, the organization or state agency
must first meet the standards established by the department by rule. The department, by rule, shall
prescribe the form.
(4) As used in this section, “state agency” means an agency of the executive department, as
defined in ORS 174.112.
SECTION 11.
ORS 807.750 is amended to read:
807.750. (1) As used in this section:
(a) “Driver license” means a license or permit issued by this state or any other jurisdiction as
evidence of a grant of driving privileges.
(b) “Financial institution” has the meaning given that term in ORS 706.008.
(c) “Identification card” means the card issued under ORS 807.400 or a comparable provision in
another state.
(d) “Personal information” means an individual’s name, address, date of birth, photograph, fin-
gerprint, biometric data, driver license number, identification card number or any other unique
personal identifier or number.
(e) “Private entity” means any nongovernmental entity, such as a corporation, partnership,
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company or nonprofit organization, any other legal entity or any natural person.
(f) “Swipe” means :
(A) The act of passing a driver license or identification card through a device that is capable
of deciphering, in an electronically readable format, the information electronically encoded in a
magnetic strip or bar code on the driver license or identification card ; or
(B) The act of scanning a driver license or identification card issued in an electronic
format by a device that is capable of deciphering, in an electronically readable format, the
information electronically encoded in the driver license or identification card .
(2) Except as provided in subsection (6) of this section, a private entity may not swipe an
individual’s driver license or identification card, except for the following purposes:
(a) To verify the authenticity of a driver license or identification card or to verify the identity
of the individual if the individual pays for a good or service with a method other than cash, returns
an item or requests a refund.
(b) To verify the individual’s age when providing an age-restricted good or service to any person
about whom there is any reasonable doubt of the person’s having reached 21 years of age.
(c) To prevent fraud or other criminal activity if an individual returns an item or requests a
refund and the private entity uses a fraud prevention service company or system.
(d) To transmit information to a check services company for the purpose of approving negotiable
instruments, electronic funds transfers or similar methods of payment.
(e) To collect information about the individual for the purpose of processing an application for
a deposit account or loan for the individual, if the private entity is a financial institution.
(f) To enable a pharmacist, pharmacy technician or intern, as those terms are defined in ORS
689.005, to submit information to the electronic system described in ORS 475.230 for the purpose of
transferring a drug containing pseudoephedrine or ephedrine or a salt, isomer or salt of an isomer
of pseudoephedrine or ephedrine without a prescription from a practitioner to a person who is 18
years of age or older.
(3) A private entity that swipes an individual’s driver license or identification card under sub-
section (2)(a) or (b) of this section may not store, sell or share personal information collected from
swiping the driver license or identification card.
(4) A private entity that swipes an individual’s driver license or identification card under sub-
section (2)(c) or (d) of this section may store or share the following information collected from
swiping an individual’s driver license or identification card for the purpose of preventing fraud or
other criminal activity against the private entity:
(a) Name;
(b) Address;
(c) Date of birth; and
(d) Driver license number or identification card number.
(5)(a) A person other than an entity regulated by the federal Fair Credit Reporting Act, 15
U.S.C. 1681 et seq., who receives personal information from a private entity under subsection (4) of
this section may use the personal information received only to prevent fraud or other criminal ac-
tivity against the private entity that provided the personal information.
(b) A person who is regulated by the federal Fair Credit Reporting Act and who receives per-
sonal information from a private entity under subsection (4) of this section may use or provide the
personal information received only to effect, administer or enforce a transaction or prevent fraud
or other criminal activity, if the person provides or receives personal information under contract
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from the private entity.
(6)(a) Subject to the provisions of this subsection, a private entity that is a commercial radio
service provider that provides service nationally and that is subject to the Telephone Records and
Privacy Protection Act of 2006 (18 U.S.C. 1039) may swipe an individual’s driver license or identifi-
cation card if the entity obtains permission from the individual to swipe the individual’s driver li-
cense or identification card.
(b) The private entity may swipe the individual’s driver license or identification card only for
the purpose of establishing or maintaining a contract between the private entity and the individual.
Information collected by swiping an individual’s driver license or identification card for the estab-
lishment or maintenance of a contract shall be limited to the following information from the indi-
vidual:
(A) Name;
(B) Address;
(C) Date of birth; and
(D) Driver license number or identification card number.
(c) If the individual does not want the private entity to swipe the individual’s driver license or
identification card, the private entity may manually collect the following information from the indi-
vidual:
(A) Name;
(B) Address;
(C) Date of birth; and
(D) Driver license number or identification card number.
(d) The private entity may not withhold the provision of goods or services solely as a result of
the individual requesting the collection of the following information from the individual through
manual means:
(A) Name;
(B) Address;
(C) Date of birth; and
(D) Driver license number or identification card number.
(7) A governmental entity may swipe an individual’s driver license or identification card only
if:
(a) The individual knowingly makes the driver license or identification card available to the
governmental entity;
(b) The governmental entity lawfully confiscates the driver license or identification card;
(c) The governmental entity is providing emergency assistance to the individual who is uncon-
scious or otherwise unable to make the driver license or identification card available; or
(d) A court rule requires swiping of the driver license or identification card to facilitate accu-
rate linking of court records pertaining to the individual.
(8) In addition to any other remedy provided by law, an individual may bring an action to re-
cover actual damages or $1,000, whichever is greater, and to obtain equitable relief, if equitable
relief is available, against an entity that swipes, stores, shares, sells or otherwise uses the
individual’s personal information in violation of this section. A court shall award a prevailing
plaintiff reasonable costs and attorney fees. If a court finds that a violation of this section was
willful or knowing, the court may increase the amount of the award to no more than three times the
amount otherwise available.
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(9) Any waiver of a provision of this section is contrary to public policy and is void and
unenforceable.
SECTION 12.
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 con-
venient or appropriate.
(e) All odometer disclosures and readings for a vehicle that are reported to the department un-
der provisions of the vehicle code. The department shall keep the most recent version of records
required under this paragraph in electronic form.
(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 con-
cerning the registration of vehicles required to be registered by the department. The records con-
cerning 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
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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 af-
fecting the Revolving Account for Emergency Cash Advances described under ORS 802.100.
(8) The department shall maintain suitable records of driver licenses, driver permits and iden-
tification 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 or identification cards issued.
(c) Every application for a driver license, driver permit or identification card.
(d) All driver licenses or driver permits that have been suspended, revoked or canceled.
(e)(A) 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 the written
statement that the person has not been assigned a Social Security number.
(B) As used in this paragraph, a “driver license,” “driver permit” or “identification card” means
a driver license, driver permit or identification card that is not a:
(i) Real ID;
(ii) Commercial driver license; or
(iii) Commercial learner driver permit.
(f) For each commercial driver license and commercial learner driver permit, the Social Security
number of the person to whom the license or permit is issued, or any other number or identifying
information that the Secretary of the United States Department of Transportation determines ap-
propriate to identify the person.
(g) For each Real ID, the Social Security number of the person to whom the Real ID is issued,
or proof that the person is not eligible for a Social Security number.
(h) Emergency contact information provided under ORS 802.275.
(i) For each driver license, driver permit or identification card, whether the applicant is
issued the driver license, driver permit or identification card in an electronic format.
(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 each person the department determines
requires an Oregon driving record to comply with federal regulations or provisions of the vehicle
code. The department shall establish rules for maintaining driving records under this subsection.
(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 or
825.415. Notwithstanding any other provision of law, release of the portion of the employment driv-
ing record that shows drug test results reported under ORS 825.410 or 825.415 is permitted only in
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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 privi-
leges required to be placed on the record under ORS 809.280, all suspensions of the person’s com-
mercial driving privileges that result from operation or use of a commercial motor vehicle and all
convictions, as determined by the department by rule, of the person for violation of motor vehicle
laws except convictions for offenses requiring mandatory revocation or suspension of driving privi-
leges under ORS 809.409, 809.411, 809.510 to 809.545 and 813.400, but shall include only such acci-
dents, 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) Judgments and convictions, as determined by the department by rule, for violation of the
motor vehicle laws 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, partic-
ipation in driver improvement programs or other matters concerning the status of the driving priv-
ileges of the person.
(e) When a person is issued a driver license or driver permit by this state, the department may
request a copy of driving records that exist for the person in any other jurisdiction. The department
shall adopt rules specifying when the department may request driving records from other jurisdic-
tions and may apply 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 depart-
ment 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 of-
fense, 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 mutu-
ally agreeable alternative method of informing police agencies of the nature of a suspension or re-
vocation and the consequences of its violation, the implementation of that method shall satisfy the
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duty of the Department of Transportation under this paragraph.
(10) The department shall maintain accident reports filed with the department under ORS
810.460 and 811.725 to 811.735.
(11) The department shall maintain records of bank checks or money orders returned under ORS
802.110.
(12) 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.
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