72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
HA to HB 2813
LC 1790/HB 2813-2
HOUSE AMENDMENTS TO
HOUSE BILL 2813
By COMMITTEE ON RULES AND PUBLIC AFFAIRS
May 14
On page 1 of the printed bill, line 2, after 'ORS' delete the
rest of the line and insert '247.012 and 807.050;'.
Delete lines 5 through 30 and pages 2 through 4 and insert:
' { + SECTION 1. + } ORS 807.050 is amended to read:
' 807.050. An application for a license shall be in a form
approved by the Oregon Department of Transportation. An
application must contain all the following:
' (1) The applicant's true name, age, sex, residence address,
except as otherwise provided for officers or eligible employees
in ORS 802.250, and post-office address other than general
delivery. The department may provide by rule for acceptance of
something other than an actual residence or post-office address
if the department determines that the applicant does not have an
actual address. The department shall require proof to verify the
address in addition to anything else the department may require
of the applicant.
' (2) Whether or not the applicant has ever been issued any
driver license or driver permit. If the applicant has been issued
any license or driver permit:
' (a) When the license or driver permit was granted;
' (b) What jurisdiction granted the license or driver permit;
' (c) Whether or not the driving privileges under the license
or driver permit are currently suspended or revoked; and
' (d) If the driving privileges are revoked or suspended, the
date and reason for the suspension or revocation.
' (3) The class of license sought.
' (4) The Social Security number of the applicant or other
number or identifying information determined appropriate by the
Secretary of the United States Department of Transportation, if
the application is for a commercial driver license or if the
Oregon Department of Transportation by rule requires the Social
Security number on the application.
' (5) Any other information the department deems necessary to
assist the department in determining whether the applicant is
qualified or eligible to be licensed.
' { + (6) Evidence of the citizenship status of the
applicant. Documents acceptable as evidence of citizenship
status include copies of birth certificates, naturalization
documents and valid passports. This subsection does not apply to
applications for renewal of a driver license. + }
' { + SECTION 2. + } { + Section 3 of this 2003 Act is added
to and made a part of the Oregon Vehicle Code. + }
' { + SECTION 3. + } { + (1) For purposes of complying with
section 5 of this 2003 Act, the Department of Transportation
shall provide county clerks as defined in ORS 247.002 with access
to driver license records of the department.
' (2) The department may adopt rules necessary to implement
this section and the citizenship status requirements of ORS
807.050. + }
' { + SECTION 4. + } { + Section 5 of this 2003 Act is added
to and made a part of ORS chapter 247. + }
' { + SECTION 5. + } { + (1) Upon receiving the registration
card of a person registering to vote in this state for the first
time, the county clerk shall review driver license records of the
Department of Transportation to determine whether the person is a
United States citizen.
' (2) If a person registering to vote in this state for the
first time has not been issued a driver license by the Department
of Transportation, or if the driver license records of the
department do not indicate the citizenship status of the person,
the person must supply evidence of citizenship to the county
clerk.
' (3) Documents acceptable as evidence of citizenship under
subsection (2) of this section include copies of birth
certificates, naturalization documents and valid United States
passports indicating that the holder of the passport is a United
States citizen. + }
' { + SECTION 6. + } ORS 247.012 is amended to read:
' 247.012. (1) A qualified person may register to vote or
update a registration to vote by:
' (a) Delivering by mail or otherwise a completed registration
card to any county clerk, the Secretary of State, any office of
the Department of Transportation or any designated voter
registration agency as described in ORS 247.208;
' (b) Personally delivering the card to an official designated
by a county clerk under subsection { - (7) - } { + (6) + } of
this section; or
' (c) Completing the voter registration portion of the
application for issuance or renewal of a driver license, issuance
of a state identification card under ORS 807.400 or a change of
address at an office of the Department of Transportation under
ORS 247.017.
' (2) If a registration card is mailed or delivered to:
' (a) Any person other than a county clerk or the Secretary of
State, the person shall forward the card to a county clerk or the
Secretary of State not later than the fifth day after receiving
the card; or
' (b) The Secretary of State or a county clerk for a county
other than the county in which the person applying for
registration resides, the Secretary of State or county clerk
shall forward the card to the county clerk for the county in
which the person resides not later than the fifth day after
receiving the card.
' { - (3) Registration of a qualified person occurs: - }
' { - (a) When a legible, accurate and complete registration
card is received in the office of any county clerk, the Office of
the Secretary of State, an office of the Department of
Transportation, a designated voter registration agency under ORS
247.208 or at a location designated by a county clerk under
subsection (7) of this section; - }
' { - (b) On the date a registration card is postmarked if the
card is received after the 21st day immediately preceding an
election but is postmarked not later than the 21st day
immediately preceding the election; or - }
' { - (c) In the case of a registration card missing a date of
birth, containing an incomplete date of birth or containing an
unintentional scrivener's error that is supplied or corrected as
described in subsection (4) or (6) of this section, on the date
that registration would have occurred if the registration card
had not been missing the date of birth, contained an incomplete
date of birth or contained the scrivener's error. - }
' { - (4) - } { + (3) + } If a registration card is legible,
accurate and contains, at a minimum, the registrant's name,
residence address, date of birth and signature, { + and, for
persons registering to vote in this state for the first time, if
the county clerk has reviewed driver license records of the
Department of Transportation and verified that the person is a
citizen or if the registration card is accompanied by acceptable
evidence of citizenship, + } the county clerk shall register the
person. { + The registration of a qualified person occurs on the
date the county clerk verifies that the person is a United States
citizen. + }If this information is missing from the registration
card or the date of birth is incomplete, the county clerk shall
attempt to contact the person to obtain the missing or incomplete
information. The county clerk may supply the registrant's date of
birth from any previous registration of the registrant.
' { - (5) - } { + (4) + } If a registration card meets the
requirements of subsection { - (4) - } { + (3) + } of this
section but is missing an indication of political party
affiliation, the registrant shall be considered not affiliated
with any political party. This subsection does not apply if an
elector is updating a registration within the same county.
' { - (6) - } { + (5) + } If a registration card contains an
unintentional scrivener's error, the county clerk may attempt to
contact the person to correct the error.
' { - (7) - } { + (6) + } A county clerk may appoint
officials to accept registration of persons at designated
locations. The appointments and locations shall be in writing and
filed in the office of the county clerk. The county clerk shall
be responsible for the performance of duties by those appointed.
' { - (8) - } { + (7) + } A registration { - card received
and accepted under this section shall be considered - }
{ + that occurs under this section is + } an active
registration.
' { - (9) - } { + (8) + } A registration may be updated at
any time.
' { + SECTION 7. + } { + (1) Sections 3 and 5 of this 2003
Act apply only to persons who register to vote in this state for
the first time on or after the operative date of sections 3 and 5
of this 2003 Act.
' (2) The amendments to ORS 247.012 by section 6 of this 2003
Act apply only to voter registration cards received, delivered or
completed on or after the operative date of the amendments to ORS
247.012 by section 6 of this 2003 Act.
' (3) The amendments to ORS 807.050 by section 1 of this 2003
Act apply only to applications for a driver license made on or
after the operative date of the amendments to ORS 807.050 by
section 1 of this 2003 Act. + }
' { + SECTION 8. + } { + (1) Except as provided in
subsection (2) of this section, sections 3 and 5 of this 2003 Act
and the amendments to ORS 807.050 and 247.012 by sections 1 and 6
of this 2003 Act become operative on January 1, 2004.
' (2) The Secretary of State, the Department of Transportation
and any county clerk or county official in charge of elections
may take any action under sections 3 and 5 of this 2003 Act and
ORS 807.050 and 247.012 as amended by sections 1 and 6 of this
2003 Act prior to the operative date specified in subsection (1)
of this section that is necessary to enable the Secretary of
State, the Department of Transportation and any county clerk or
county official in charge of elections to exercise, on and after
the operative date specified in subsection (1) of this section,
all the duties, functions and powers conferred on the Secretary
of State, Department of Transportation and any county clerk or
county official in charge of elections by sections 3 and 5 of
this 2003 Act and the amendments to ORS 807.050 and 247.012 by
sections 1 and 6 of this 2003 Act. + }
' { + SECTION 9. + } { + This 2003 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2003 Act
takes effect on its passage. + } ' .
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