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 2541
A-Engrossed
House Bill 2827
Ordered by the House May 8
Including House Amendments dated May 8
Sponsored by Representatives BEYER, GILMAN
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.
{ - Prohibits state from expending funds to comply with
federal Real ID Act of 2005 unless certain requirements are
met. - }
{ - Directs Department of Transportation to analyze cost of
complying with Real ID Act of 2005 and make report available to
public. - }
{ + Allows Department of Transportation to take certain
actions in order to maintain compliance with federal Real ID Act
of 2005. Allows department to perform system development
necessary to implement requirements of federal Real ID Act of
2005.
Allows department to issue driver license without photograph if
applicant shows good cause. Directs department to keep record of
Social Security number for each person issued driver license,
driver permit or identification card. + }
A BILL FOR AN ACT
Relating to federal Real ID Act of 2005; creating new provisions;
amending ORS 802.200, 807.024, 807.050, 807.110 and 807.400;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 4 of this 2007 Act are added to
and made a part of the Oregon Vehicle Code. + }
SECTION 2. { + To ensure this state is in compliance with the
federal Real ID Act of 2005, 49 U.S.C. 30301 note, the Department
of Transportation may:
(1) File for an extension with the United States Department of
Homeland Security to become compliant with the federal Real ID
Act of 2005, 49 U.S.C. 30301 note, after May 11, 2008;
(2) Submit implementation plans to the United States Department
of Homeland Security; and
(3) Enter into any agreement with a federal agency, the agency
of another state or the American Association of Motor Vehicle
Administrators that the Department of Transportation determines
is necessary to comply with the requirements of section 3 of this
2007 Act. + }
SECTION 3. { + (1) Notwithstanding any other provision of law,
the Department of Transportation may perform any system
development necessary to implement the requirements of the
federal Real ID Act of 2005, 49 U.S.C. 30301 note.
(2) As used in this section, 'system development' includes but
is not limited to the following:
(a) Acquisition of equipment and information technology systems
and services;
(b) Modification, conversion or upgrade of the department's
existing databases, equipment and information technology systems;
(c) Establishment of electronic connectivity with any other
state motor vehicle department, federal agency, association or
business;
(d) Creation of a new design for driver licenses, driver
permits and identification cards that will meet the minimum
content, design and security standards required by the federal
Real ID Act of 2005, 49 U.S.C. 30301 note;
(e) Collection, management and retention of personal
information and identity documents; and
(f) Development and implementation of a comprehensive security
plan to ensure the security and integrity of the department's
employees, facilities, storage systems, the production of driver
licenses, driver permits and identification cards, and the
collection and retention of personal information and identity
documents. + }
SECTION 4. { + In carrying out the provisions of sections 2
and 3 of this 2007 Act, the Department of Transportation shall
analyze the safeguards necessary to:
(1) Assure adequate privacy protections for individuals; and
(2) Prevent unauthorized disclosure of an individual's personal
identifying information. + }
SECTION 5. { + Sections 2 to 4 of this 2007 Act are repealed
May 30, 2013. + }
SECTION 6. 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 { + , + } { - and - } driver permits { + 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 { + , + } { - or - } driver permits { + or
identification cards + } issued.
(c) { + + }Every application for a driver license { + , + }
{ - or - } driver permit { + or identification card + }.
(d) { + + }All { + driver + } licenses or driver permits
that have been suspended or revoked.
{ + (e) 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. + }
{ - (e) - } { + (f) + } For each commercial driver license,
the Social Security number of the person to whom the
{ + commercial driver + } 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 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 10 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 { + or permit + } 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, 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 7. ORS 807.024 is amended to read:
807.024. (1) A person who applies for issuance, renewal or
replacement of a driver license, driver permit or identification
card shall submit to collection of biometric data by the
Department of Transportation for the purpose of establishing the
person's identity. Submitting to collection of biometric data
under this section does not excuse a person from responsibility
for complying with requirements for proof of identity, { - age
or residence - } { + date of birth or address + } pursuant to
ORS 807.050.
(2) For purposes of this section, a person's identity is
established if:
(a) The department finds that the biometric data collected as
required under subsection (1) of this section match the biometric
data that are already in the department's records for that
person; or
(b) The department finds that the biometric data collected as
required under subsection (1) of this section do not match
biometric data in the department's records for any other person
and the department does not otherwise have reason to believe that
the person is not who the person claims to be.
(3) If a person's identity is established as described in
subsection (2) of this section, the department shall mail the
driver license, driver permit or identification card to the
address provided by the person when the person applied for the
issuance, renewal or replacement of the license, permit or
identification card.
(4) If a person's identity is not established as described in
subsection (2) of this section, the department shall:
(a) Inform the person who submitted to collection of biometric
data that the person's identity was not established; and
(b) Provide the person with the opportunity to establish the
person's identity by an alternative method approved by the
department by rule.
(5) If a person's identity was not established as described in
subsection (2) of this section and the department has reason to
believe that the crime of identity theft, as described in ORS
165.800, was committed by the person currently submitting to
collection of biometric data or by a person who previously
submitted to collection of biometric data under the identity of
the person currently submitting to collection of biometric data,
the department shall notify a law enforcement agency that has
jurisdiction over the crime.
(6) The department by rule shall establish procedures for
providing expedited processing of driver licenses, driver permits
or identification cards.
(7) The department and employees of the department are immune
from liability for any damages resulting from the issuance,
renewal or replacement of a driver license, driver permit or
identification card under another person's identity if the
employee who processed the biometric data for a license, permit
or identification card established the applicant's identity as
described in subsection (2) of this section.
SECTION 8. ORS 807.050 is amended to read:
807.050. An application for a { + driver + } 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 - } { +
date of birth + }, { - sex - } { + gender + },
{ - residence - } address, except as otherwise provided for
corrections officers in ORS 802.253 or eligible employees in ORS
802.250, and post-office address other than general delivery.
{ + Name and address shall be defined by the department by
rule. + } 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 { + driver + } license or driver permit:
(a) When the { + driver + } license or driver permit was
granted;
(b) What jurisdiction granted the { + driver + } license or
driver permit;
(c) Whether or not the driving privileges under the
{ + driver + } 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 { + of
Transportation + } deems necessary to assist the department in
determining whether the applicant is qualified or eligible to be
licensed.
SECTION 9. ORS 807.110 is amended to read:
807.110. A license issued by the Department of Transportation
shall comply with all of the following:
(1) A license shall bear the distinguishing number assigned to
the person issued the license by the department.
(2) A license shall contain, for the purpose of identification,
a brief description of the person to whom the license is issued.
(3) A license shall contain the name, { + as defined by
rule, + } date of birth { + and gender of the person to whom the
license is issued + } and, except as provided for corrections
officers in ORS 802.253 or eligible employees in ORS 802.250,
{ - residence - } { + the + } address { + , as defined by
rule, + } of the person to whom the license is issued { - and a
space for the person's signature - } .
{ + (4) A license shall bear the signature of the person to
whom the license is issued. + }
{ - (4) - } { + (5) + } Upon request of the person to whom
the license is issued, a license shall indicate on the license
the fact that the person is an anatomical donor.
{ - (5) - } { + (6) + } Upon order of the juvenile court, a
license shall indicate on the license the fact that the person to
whom the license is issued is an emancipated minor.
{ - (6) - } { + (7)(a) + } { - Except as otherwise
provided in this subsection, - } A license shall bear a
photograph described in this subsection. { - The Director of
Transportation, by rule, may provide for issuance of a valid
license without a photograph if the applicant shows good cause.
The director shall include religious preferences as good cause
for issuance of a license without a photograph but shall not
limit good cause to religious grounds. - } A photograph required
under this subsection shall:
{ - (a) - } { + (A) + } Be a full-faced, color photograph
of the person to whom the license is issued;
{ - (b) - } { + (B) + } Be of a size approved by the
department; and
{ - (c) - } { + (C) + } Be taken at the time of application
for issuance of the license whether the application is for an
original license, replacement of a license under ORS 807.160 or
for renewal of a license under ORS 807.150 { + , except that the
latest photograph on file may be used in circumstances defined by
the department by rule + }.
{ + (b) Notwithstanding paragraph (a) of this subsection and
ORS 807.024, the Director of Transportation, by rule, may provide
for issuance of a valid license without a photograph if the
applicant shows good cause. The director shall include religious
preferences as good cause for issuance of a license without a
photograph but shall not limit good cause to religious
grounds. + }
{ - (7) A license is not valid until signed by the person to
whom it is issued. - }
(8) A license shall indicate the class of license issued and
any endorsements granted. If the license is a commercial driver
license, the words 'commercial driver license' or the letters '
CDL' shall appear on the license.
(9) The department shall use such security procedures,
processes and materials in the preparation, manufacture and
issuance of any license that prohibit as nearly as possible
anyone's ability to alter, counterfeit, duplicate or modify the
license without ready detection. The security features used in
the production of the licenses shall provide for the rapid
authentication of a genuine document.
SECTION 10. ORS 807.110, as amended by section 7, chapter 775,
Oregon Laws 2005, is amended to read:
807.110. (1) A license issued by the Department of
Transportation shall contain all of the following:
(a) The distinguishing number assigned to the person issued the
license by the department.
(b) For the purpose of identification, a brief description of
the person to whom the license is issued.
(c) The name, { + as defined by rule, + } date of birth
{ + and gender of the person to whom the license is issued + }
and, except as provided for corrections officers in ORS 802.253
or eligible employees in ORS 802.250, { - residence - } { +
the + } address { + , as defined by rule, + } of the person to
whom the license is issued { - and a space for the person's
signature - } .
{ + (d) The signature of the person to whom the license is
issued. + }
{ - (d) - } { + (e) + } Upon request of the person to whom
the license is issued, the fact that the person is an anatomical
donor.
{ - (e) - } { + (f) + } Upon order of the juvenile court,
the fact that the person to whom the license is issued is an
emancipated minor.
{ - (f) - } { + (g)(A) + } { - Except as otherwise
provided in this paragraph, - } A photograph described in this
paragraph. { - The Director of Transportation, by rule, may
provide for issuance of a valid license without a photograph if
the applicant shows good cause. The director shall include
religious preferences as good cause for issuance of a license
without a photograph but shall not limit good cause to religious
grounds. - } A photograph required under this paragraph shall:
{ - (A) - } { + (i) + } Be a full-faced, color photograph
of the person to whom the license is issued;
{ - (B) - } { + (ii) + } Be of a size approved by the
department; and
{ - (C) - } { + (iii) + } Be taken at the time of
application for issuance of the license whether the application
is for an original license, replacement of a license under ORS
807.160 or for renewal of a license under ORS 807.150 { + ,
except that the latest photograph on file may be used in
circumstances defined by the department by rule + }.
{ + (B) Notwithstanding subparagraph (A) of this paragraph
and ORS 807.024, the Director of Transportation, by rule, may
provide for issuance of a valid license without a photograph if
the applicant shows good cause. The director shall include
religious preferences as good cause for issuance of a license
without a photograph but shall not limit good cause to religious
grounds. + }
{ - (g) - } { + (h) + } The class of license issued and any
endorsements granted. If the license is a commercial driver
license, the words ' commercial driver license' or the letters
'CDL' shall appear on the license.
{ - (2) A license is not valid until signed by the person to
whom it is issued. - }
{ - (3) - } { + (2) + } The department shall use security
procedures, processes and materials in the preparation,
manufacture and issuance of any license that prohibit as nearly
as possible anyone's ability to alter, counterfeit, duplicate or
modify the license without ready detection. The security features
used in the production of the licenses shall provide for:
(a) The authentication of a genuine document in a reasonable
time; and
(b) The production of the license only by equipment that
requires verification of the identity of the operator of the
equipment before a license may be produced.
SECTION 11. 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. - }
{ + name, as defined by rule, date of birth, gender and address,
as defined by rule. + }
{ - (2) The department shall work with other agencies and
organizations to attempt to improve the issuance system for
identification cards. - }
{ - (3) - } { + (2) + } 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) - } { + (3) + } 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.
{ + (4) + } 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 { + the holder's + }
{ - 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 { + the person's + } { - 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 { + by rule + }.
(11) { + + }An identification card becomes invalid if the
holder of the card changes the { - person's - }
{ + holder'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 { + 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.
(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 { + 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
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
{ + driver + } 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.
{ + (16) The department shall work with other agencies and
organizations to attempt to improve the issuance system for
identification cards. + }
SECTION 12. 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 - } { +
name, as defined by rule, date of birth, gender and address, as
defined by rule + }; 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) - } { + (2) + } 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) - } { + (3) + } 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.
{ + (4) + } 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.
(9) { + + }An identification card becomes invalid if the
holder of the card changes { + the holder's + }
{ - 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 { + the person's + } { - 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 { + by rule + }.
(11) An identification card becomes invalid if the holder of
the card changes the { - person's - } { + holder'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 { + 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.
(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 { + 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
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
{ + driver + } 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.
{ + (16) The department shall work with other agencies and
organizations to attempt to improve the issuance system for
identification cards. + }
SECTION 13. { + This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2007 Act takes effect on
its passage. + }
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