74th OREGON LEGISLATIVE ASSEMBLY--2007 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 3036
 
                         House Bill 2639
 
Sponsored by Representatives BERGER, ESQUIVEL; Representatives
  BARKER, CANNON
 
 
                             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 persons 75 years of age or older to renew driver
licenses every four years and to take driving test prior to
renewal. Prorates fees.
 
                        A BILL FOR AN ACT
Relating to driver license renewal; creating new provisions; and
  amending ORS 807.130, 807.150 and 807.400.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 807.130 is amended to read:
  807.130. (1) Except as otherwise provided in this section, a
license that is issued as an original license and not as a
license that is renewed expires on the anniversary of the
licensee's birthday { + :
  (a) + } In the eighth calendar year after the year of
issuance { + , if the licensee is 71 years of age or younger when
the license is issued.
  (b) On the date the licensee reaches 79 years of age, if the
licensee is between 71 years of age and 75 years of age when the
license is issued.
  (c) In the fourth calendar year after the year of issuance, if
the licensee is 75 years of age or older when the license is
issued + }.
  (2) A license that is renewed under ORS 807.150 expires { + :
  (a) + } Eight years from the specified expiration date of the
immediately preceding license { + , if the licensee is 71 years
of age or younger on the expiration date of the immediately
preceding license.
  (b) On the date the licensee reaches 79 years of age, if the
licensee is between 71 years of age and 75 years of age on the
expiration date of the immediately preceding license.
  (c) Four years from the specified expiration date of the
immediately preceding license, if the licensee is 75 years of age
or older on the expiration date of the immediately preceding
license + }.
  (3) A license that has expired does not grant driving
privileges and is not valid evidence of driving privileges.
  SECTION 2. ORS 807.150 is amended to read:
  807.150. (1) When a license expires or is about to expire, the
Department of Transportation shall renew the license under this
section if the   { - holder of - }   { + person who holds + } the
license qualifies for renewal of the license under this section
and:
  (a) Applies for renewal within one year of the expiration of a
similar license under ORS 807.130; or
  (b) Applies for issuance of a license within six months after
the   { - applicant - }  { +  person + } is discharged from the
Armed Forces of the United States and was licensed by this state
at the time of the
  { - applicant's - }  { +  person's + } entry into the Armed
Forces.
  (2) { + (a) + } To qualify for renewal of a license under this
section, a person must meet all of the requirements under ORS
807.040 for the class of license sought to be renewed { + . + }
 { - , except that - }  { +  If the person applying for renewal
is under 75 years of age, + } the department may waive the
examination under ORS 807.070 of a person applying for renewal of
a license unless the department has reason to believe that the
 { - applicant - }  { +  person + } is not qualified to hold the
license or unless the   { - applicant for renewal - }  { +
person + } has not previously been examined.
   { +  (b) If the person applying for renewal is 75 years of age
or older, the department shall test the person's eyesight under
ORS 807.070 (1) and the person's ability to operate a motor
vehicle under ORS 807.070 (3). The department may waive any other
examination under ORS 807.070 of a person applying for renewal of
a license unless the department has reason to believe that the
person is not qualified to hold the license or unless the person
has not previously been examined. + }
  (3) To receive a renewal under this section, the license
renewal fee and the Student Driver Training Fund eligibility fee
under ORS 807.370 must be paid. { +  For a license that expires
as provided under ORS 807.130 (2)(b) or (c), the department shall
prorate the renewal, examination and Student Driver Training Fund
eligibility fees. + }
  (4) If a person who applies for a renewal under this section is
not qualified to renew the class of license sought to be renewed,
the department may issue the person any lower class of license
for which the person qualifies in lieu of renewing the person's
license for the class of license held by the person.
  (5) A license that is renewed under this section may be used on
or after the date of issuance. If the department issues a license
renewal to a person under this section before the expiration of
the license being renewed, the older license is invalid. A
license that becomes invalid under this subsection shall be
destroyed by the person to whom it was issued.
  (6) If the address of the   { - applicant - }  { +  person + }
has changed since the last time a license was issued to or
renewed for the
  { - applicant - }  { +  person + }, the department shall
require proof to verify the address of   { - an applicant for
renewal of a license - }  { +  the person + } in addition to
anything else the department may require of the
  { - applicant - }  { +  person + }.
  SECTION 3.  { + The amendments to ORS 807.130 and 807.150 by
sections 1 and 2 of this 2007 Act apply to licenses that expire
on or after the effective date of this 2007 Act. + }
  SECTION 4. 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.
 
 
  (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 { +  (1)(a) and (2)(a), regardless of the age of the
person who holds the card + }.
  (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 replacement identification card containing the new
address upon receipt of the old identification card and payment
of the fee established for issuing a replacement identification
card with a changed address under ORS 807.410.  Except as
otherwise provided in subsection (12) of this section, the
replacement identification card shall bear the same
distinguishing number as the card being replaced.
  (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 replacement identification
card upon payment of the fee required under ORS 807.410.
  (12) In the event that, for a reason identified by the
department by rule, a person needs a replacement identification
card that bears a different distinguishing number from 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 replacement
and payment of the replacement fee under ORS 807.410.
 
  (13) The department may establish by rule reasons for issuing
replacement identification cards that are in addition to the
reasons identified in subsections (10) to (12) of this section.
The fee for a replacement identification card is provided under
ORS 807.410.
  (14) 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.
  (15) 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 5. ORS 807.400, as amended by section 8, chapter 775,
Oregon Laws 2005, 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;
  (c) Furnishes such evidence of the person's age and identity as
the department may require; and
  (d) 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 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 { +  (1)(a) and (2)(a), regardless of the age of the
person who holds the card + }.
  (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.
  (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 replacement identification card containing the new
address upon receipt of the old identification card and payment
of the fee established for issuing a replacement identification
card with a changed address under ORS 807.410.  Except as
otherwise provided in subsection (12) of this section, the
replacement identification card shall bear the same
distinguishing number as the card being replaced.
  (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 replacement identification
card upon payment of the fee required under ORS 807.410.
  (12) In the event that, for a reason identified by the
department by rule, a person needs a replacement identification
card that bears a different distinguishing number from 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 replacement
and payment of the replacement fee under ORS 807.410.
  (13) The department may establish by rule reasons for issuing
replacement identification cards that are in addition to the
reasons identified in subsections (10) to (12) of this section.
The fee for a replacement identification card is provided under
ORS 807.410.
  (14) 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.
  (15) 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.
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