73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 2909
 
                         House Bill 2608
 
Sponsored by Representative BRUUN; Representatives BROWN, SUMNER
  (at the request of John T. Scruggs)
 
 
                             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.
 
  Requires person to be citizen of United States or otherwise be
legally present in United States before person can receive driver
license, driver permit or identification card.
 
                        A BILL FOR AN ACT
Relating to residency status for acquiring documents issued by
  Department of Transportation; creating new provisions; and
  amending ORS 807.050 and 807.400.
Be It Enacted by the People of the State of Oregon:
  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) Evidence that the person is a citizen of the United
States or is otherwise present in the United States in accordance
with federal immigration laws. + }
    { - (5) - }  { +  (6) + } Any other information the
department deems necessary to assist the department in
determining whether the applicant is qualified or eligible to be
licensed.
  SECTION 2. 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 resident of this state, as described in
ORS 807.062;
  (b) Does not have a current, valid driver license;
 { - and - }
  (c) Furnishes   { - such - }  evidence of the person's age and
identity as the department may require  { - . - }  { + ; and
  (d) Furnishes evidence that the person is a citizen of the
United States or is otherwise present in the United States in
accordance with federal immigration laws. + }
  (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 at least
one document 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 an applicant for renewal
of an identification card, in addition to anything else the
department may require.
  (4) Every identification card shall be issued upon the standard
license form described under ORS 807.110 and shall bear a
statement to the effect that the identification card is not a
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 license under ORS 807.110.
  (5) 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.
  (6) Each original identification card shall expire on a date
consistent with the expiration dates of licenses as set forth in
ORS 807.130.
  (7) Identification cards shall be renewed under the terms for
renewal of licenses as set forth in ORS 807.150.
  (8) The fee for an original identification card or a renewal
thereof shall be the fee established under ORS 807.410. In no
event shall the issuance or renewal of an identification card be
subject to any fee in addition to that set forth in ORS 807.410.
  (9) An identification card becomes invalid if the holder of the
card changes residence 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.
  (10) If a person to whom an identification card was issued and
who changes residence address appears in person at a department
office that issues identification cards, the department may do
any of the following:
  (a) Issue a new identification card containing the new address
but bearing the same distinguishing number as the old
identification card upon receipt of the old identification card
and payment of the fee established for issuing a new
identification card with a changed address under ORS 807.410.
 
  (b) Note the new address on the old identification card in a
manner to be determined by the department.
  (11) An identification card becomes invalid if the holder of
the card changes the person's name from that shown on the card,
including a change of name by marriage, without providing the
department 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 new identification card upon
payment of the fee required under ORS 807.410.
  (12) In the event an identification card is lost, destroyed or
mutilated, the person to whom it was issued may obtain a
duplicate or replacement identification card from the department
upon furnishing proof satisfactory to the department of such fact
and payment of the duplicate or replacement fee under ORS
807.410.
  (13) 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 privileges or a 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.
  (14) Notwithstanding any other provision of this section, the
department may issue an identification card to a person under
this subsection without charge when the person surrenders a
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 department may issue
identification cards under this subsection as described under any
of the following:
  (a) The department may issue an identification card under this
subsection to a person who voluntarily surrenders a license or
driver permit to the department based upon the person's
recognition that the person is no longer competent to drive.
  (b) The department may issue an identification card to a person
under this subsection when the person's driving privileges are
suspended under ORS 809.419 (1). This paragraph only applies if
the person voluntarily surrenders the person's license or driver
permit to the department as provided under ORS 809.500.
  SECTION 3.  { + The amendments to ORS 807.050 and 807.400 by
sections 1 and 2 of this 2005 Act apply to driving privileges and
identification cards applied for on or after the effective date
of this 2005 Act. + }
  SECTION 4.  { + Section 5 of this 2005 Act is added to and made
a part of the Oregon Vehicle Code. + }
  SECTION 5.  { + Prior to renewing, replacing or reinstating any
driver license, driver permit or identification card, the
Department of Transportation shall require a person to provide
proof that the person is a citizen of the United States or is
otherwise present in the United States in accordance with federal
immigration laws. + }
                         ----------