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 2455
Senate Bill 424
Sponsored by Senator METSGER
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.
Conforms Oregon Vehicle Code to provisions of federal Real ID
Act of 2005.
A BILL FOR AN ACT
Relating to federal Real ID Act of 2005; creating new provisions;
and amending ORS 802.195, 802.200, 807.024, 807.040, 807.050,
807.110, 807.115, 807.130, 807.162, 807.400, 811.603, 811.604
and 811.605.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2007 Act is added to and made
a part of the Oregon Vehicle Code. + }
SECTION 2. { + (1) Prior to issuing, renewing or replacing any
driver license, driver permit or identification card, the
Department of Transportation shall require a person to provide
proof of legal presence and a Social Security number or, if the
person is not eligible for a Social Security number, an
identifying number issued by the United States Department of
Homeland Security and proof that the person is not eligible for a
Social Security number.
(2) For the purposes of subsection (1) of this section:
(a) A person provides proof of legal presence by submitting
valid documentation, as defined by rule, that the person is a
citizen or permanent legal resident of the United States or is
otherwise legally present in the United States in accordance with
federal immigration laws.
(b) A person satisfies the requirement of providing proof of a
Social Security number by submitting a valid Social Security
number that has been assigned to the person by the United States
Social Security Administration.
(c) If a person is not eligible to have a Social Security
number, the person shall provide proof, as defined by rule, that
the person is not eligible for a Social Security number.
(d) A person satisfies the requirement of providing an
identifying number issued by the United States Department of
Homeland Security by submitting an acceptable document, as
defined by rule, that includes the identifying number.
(e) A temporary driver license grants the same privileges as a
driver license. The term 'temporary driver license' may be used
interchangeably with driver license when referring to a document
issued by this state as evidence of a grant of driving
privileges.
(3)(a) The Department of Transportation may issue a temporary
driver license, temporary driver permit or temporary
identification card only to a person who provides proof, as
determined by rule, that the person is legally present in the
United States on a temporary basis.
(b) A temporary driver license, temporary driver permit or
temporary identification card shall be valid only during the
period of time of the applicant's authorized stay in the United
States or, if there is no definite end to the period of
authorized stay, for a period of one year.
(c) A temporary driver license, temporary driver permit or
temporary identification card may be renewed only upon
presentation of acceptable documentation, as determined by rule,
that the status by which the applicant qualified for the
temporary driver license, temporary driver permit or temporary
identification card has been extended by the United States
Department of Homeland Security.
(d) A temporary driver license or temporary driver permit
grants the same privileges as a driver license or driver permit.
(e) A temporary identification card shall bear a statement to
the effect that the temporary identification card is not a
license or any other grant of driving privileges and is to be
used for identification purposes only.
(f) The fees for issuance, renewal and replacement of temporary
driver licenses and temporary driver permits under this section
are as provided under ORS 807.370 for the corresponding
nontemporary license or permit. The fees for issuance, renewal
and replacement of temporary identification cards under this
section are as provided under ORS 807.410 for the corresponding
nontemporary identification card.
(4) The Department of Transportation may issue, renew or
replace a driver license, driver permit or identification card
only after the department verifies the Social Security number
with the United States Social Security Administration or verifies
the identifying number provided under subsection (2)(d) of this
section with the United States Department of Homeland Security.
(5) Subsections (1) and (4) of this section do not apply if the
Department of Transportation previously verified information as
required by subsection (4) of this section and the person
applying for the driver license, driver permit or identification
card is a citizen or permanent legal resident of the United
States. + }
SECTION 3. { + Section 2 of this 2007 Act applies to driver
licenses, driver permits and identification cards that are
issued, renewed or replaced on or after May 11, 2008. + }
SECTION 4. ORS 802.195 is amended to read:
802.195. (1) As used in this section:
(a) 'Motor vehicle record' means any record that pertains to a
grant of driving privileges, an identification card issued by the
Department of Transportation, a vehicle title or a vehicle
registration.
(b) 'Person' has the meaning given that term in ORS 802.175.
(2) Neither the Department of Transportation nor any officer,
employee or contractor of the department may knowingly disclose
or otherwise make available to any person an individual's Social
Security number { + , or an individual's identifying number
issued by the United States Department of Homeland Security, + }
that is obtained by the Department { + of Transportation + } in
connection with a motor vehicle record.
(3) Notwithstanding subsection (2) of this section, the
Department { + of Transportation + } may, upon the request of
another government agency, or shall, as required by law, disclose
an individual's Social Security number { + , or an individual's
identifying number issued by the United States Department of
Homeland Security, + } from a motor vehicle record to the other
agency for use in carrying out the other agency's governmental
functions.
(4) An Oregon government agency that receives an individual's
Social Security number { + , or an individual's identifying
number issued by the United States Department of Homeland
Security, + } under subsection (3) of this section may not
redisclose the Social Security number { + or identifying
number + } except as required by law. An Oregon government
agency that rediscloses a Social Security number { + or
identifying number + } as authorized by this subsection shall
keep for five years records that identify each other government
agency that receives the Social Security number { + or
identifying number + }. Records kept in accordance with this
subsection must be made available to the Department { + of
Transportation + } upon request.
(5) The Department { + of Transportation + } may establish
fees reasonably calculated to reimburse the department for the
actual cost of making an individual's Social Security
number { + , or an individual's identifying number issued by the
United States Department of Homeland Security, + } available to a
government agency as required in subsection (3) of this section.
(6) Nothing in this section prohibits an individual from having
access to that individual's own Social Security number { + , or
the individual's identifying number issued by the United States
Department of Homeland Security, + } that is contained in motor
vehicle records.
(7) Knowingly obtaining or using a Social Security number { + ,
or an individual's identifying number issued by the United States
Department of Homeland Security, + } from a motor vehicle record
in violation of this section is a Class A misdemeanor.
(8) A person aggrieved by violation of this section may bring a
civil action against a person who has knowingly obtained or used
the aggrieved person's Social Security number { + , or the
aggrieved person's identifying number issued by the United States
Department of Homeland Security, + } in violation of this
section. The action shall be for actual damages or $2,500,
whichever is greater, plus attorney fees and court costs
reasonably incurred in the action.
(9) A person aggrieved by a violation of this section, a
district attorney or the Attorney General may obtain appropriate
relief to enforce this section, together with attorney fees and
costs reasonably incurred in an action.
(10) Any person whose use or acquisition of a Social Security
number { + , or an identifying number issued by the United States
Department of Homeland Security, + } in violation of this section
subjects the State of Oregon to any liability or claim shall
indemnify and hold harmless this state from all such liabilities
and claims, including attorney fees and court costs, incurred in
any action brought under this section.
SECTION 5. 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 licenses or driver
permits issued. - }
{ - (c) - } { + (b) + } Every application for a driver
license { + , + } { - or - } driver permit { + or
identification card + }.
{ - (d) - } { + (c) + } All { + driver + } licenses or
driver permits that have been suspended or revoked.
{ + (d) The Social Security number of the person to whom the
driver license, driver permit or identification card is issued or
an identifying number issued by the United States Department of
Homeland Security. + }
(e) For each commercial driver license, the Social Security
number of the person to whom the 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 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.
{ + (14) The department shall maintain records of identity
source documents, as described in section 22 of this 2007
Act. + }
SECTION 6. 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 - } { + date of birth or address + } { - residence - }
pursuant to ORS { - 807.050 - } { + 807.040 or proof of legal
presence under section 2 of this 2007 Act + }.
(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 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) The person must present proof of legal presence and a
Social Security number or an identifying number issued by the
United States Department of Homeland Security, as required by
section 2 of this 2007 Act.
(c) The person must present acceptable documents to prove
identity, date of birth and address. The Department of
Transportation shall determine by rule what documents are
acceptable to prove identity, date of birth and address. + }
{ - (b) - } { + (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.
{ - (c) - } { + (e) + } The person must successfully pass
all examination requirements under ORS 807.070 for the class of
license sought.
{ - (d) - } { + (f) + } The appropriate license fee under
ORS 807.370 for the class of license sought must be paid.
{ - (e) - } { + (g) + } The Student Driver Training Fund
eligibility fee must be paid.
{ - (f) - } { + (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.
{ - (g) - } { + (i) + } If the application is for a
commercial driver license, the person must submit to the
department, in a form approved by the department, the report of a
medical examination that establishes, to the satisfaction of the
department, that the person meets the medical requirements for
the particular class of license. The department, by rule, shall
establish medical requirements for purposes of this paragraph.
The medical requirements established under this paragraph may
include any requirements the department determines are necessary
for the safe operation of vehicles permitted to be operated under
the class of license for which the requirements are established.
{ - (h) - } { + (j) + } If the application is for a
commercial driver license, the person must:
(A) Have at least one year's driving experience;
(B) Not be disqualified from holding a commercial driver
license under ORS 809.404; and
(C) Not be otherwise ineligible to hold a commercial driver
license.
(2) The department shall work with other agencies and
organizations to attempt to improve the issuance system for
driver licenses.
SECTION 8. ORS 807.040, as amended by section 6, chapter 775,
Oregon Laws 2005, 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) The person must present proof of legal presence and a
Social Security number or an identifying number issued by the
United States Department of Homeland Security, as required by
section 2 of this 2007 Act.
(c) The person must present acceptable documents to prove
identity, date of birth and address. The Department of
Transportation shall determine by rule what documents are
acceptable to prove identity, date of birth and address. + }
{ - (b) - } { + (d) + } 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.
{ - (c) - } { + (e) + } The person must not be ineligible
for the license under ORS 807.060 and must be eligible for the
license under ORS 807.062.
{ - (d) - } { + (f) + } The person must successfully pass
all examination requirements under ORS 807.070 for the class of
license sought.
{ - (e) - } { + (g) + } The person must pay the appropriate
license fee under ORS 807.370 for the class of license sought.
{ - (f) - } { + (h) + } The person must pay the Student
Driver Training Fund eligibility fee.
{ - (g) - } { + (i) + } 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.
{ - (h) - } { + (j) + } If the application is for a
commercial driver license, the person must submit to the
department, in a form approved by the department, the report of a
medical examination that establishes that the person meets the
medical requirements for the particular class of license. The
department, by rule, shall establish medical requirements for
purposes of this paragraph. The medical requirements established
under this paragraph may include any requirements the department
determines are necessary for the safe operation of vehicles
permitted to be operated under the class of license for which the
requirements are established.
{ - (i) - } { + (k) + } If the application is for a
commercial driver license, the person must:
(A) Have at least one year's driving experience;
(B) Not be disqualified from holding a commercial driver
license under ORS 809.404; and
(C) Not be otherwise ineligible to hold a commercial driver
license.
(2) The department shall work with other agencies and
organizations to attempt to improve the issuance system for
driver licenses.
SECTION 9. 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, date of birth 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. - }
{ + (4) The Social Security number of the applicant or, if
the applicant is not eligible for a Social Security number, an
identifying number issued by the United States Department of
Homeland Security.
(5) For each commercial driver license, the applicant's Social
Security number or identifying number issued by the United States
Department of Homeland Security, or any other number or
identifying information that the Secretary of the United States
Department of Transportation determines appropriate to identify
the person. + }
{ - (5) - } { + (6) + } 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 10. 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) + } 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) Be a full-faced, color photograph of the person to whom the
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
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.
{ - (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) A temporary license issued under section 2 of this
2007 Act shall clearly indicate that it is a temporary license
and indicate the date on which the temporary license expires. + }
{ - (9) - } { + (10) + } 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 11. 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 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) + } 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) Be a full-faced, color photograph of the person to whom the
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
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.
{ - (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 temporary license issued under section 2 of this
2007 Act shall clearly indicate that it is a temporary license
and indicate the date on which the temporary license expires. + }
{ - (2) A license is not valid until signed by the person to
whom it is issued. - }
(3) 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 12. ORS 807.115 is amended to read:
807.115. { + (1) + } The Department of Transportation shall
retain a duplicate { + digital + } image of each photograph
{ - used - } { + and signature shown + }on a driver license
under the provisions of ORS 807.110 or an identification card
under ORS 807.400.
{ + (2) + } The { - duplicates - } { + duplicate digital
images of photographs and signatures + } may not be made
available to anyone other than law enforcement officials { + ,
motor vehicle agencies from other states + } and employees of the
department acting in an official capacity.
SECTION 13. 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 in the eighth calendar year after the
year of issuance.
(2) A license that is renewed under ORS 807.150 expires eight
years from the specified expiration date of the immediately
preceding license.
{ + (3) Notwithstanding subsections (1) and (2) of this
section, a license that is issued to a person who is not a
citizen or permanent legal resident of the United States shall
expire on the date the licensee is no longer authorized to stay
in the United States, as indicated by the documentation the
person presented to the Department of Transportation to provide
proof of legal presence in the United States as required by
section 2 of this 2007 Act, or, if there is no definite end to
the period of authorized stay, one year from issuance. + }
{ - (3) - } { + (4) + } A license that has expired does not
grant driving privileges and is not valid evidence of driving
privileges.
SECTION 14. ORS 807.162 is amended to read:
807.162. (1) Prior to issuing a replacement identification
card, driver permit or driver license to a person who is applying
in person, the Department of Transportation shall require
{ - one of the following proofs of identity in addition to the
proofs of identity, age and residence required by rule: - } { +
the person to present:
(a) Proof of legal presence and a Social Security number or an
identifying number issued by the United States Department of
Homeland Security, as required by section 2 of this 2007 Act.
(b) Proof of identity, date of birth and address. The
Department of Transportation shall determine by rule what
documents are acceptable to prove identity, date of birth and
address. + }
{ - (a) An original or certified copy of a birth
certificate. - }
{ - (b) A photo identification card including but not limited
to a military or armed forces identification card, an alien
registration card, a passport or a valid state or Canadian
identification card. - }
{ - (2) For the purposes of subsection (1) of this section, '
birth certificate' means a certificate issued by the State of
Oregon or another jurisdiction. 'Birth certificate' does not
include a hospital birth certificate, a hospital card, a birth
registration or a baptismal certificate. - }
{ - (3) - } { + (2) + } Subsection (1) of this section does
not apply if the department { - of Transportation - } is able
to verify the person's identification through a duplicate image
of a photograph retained by the department under ORS 807.115.
SECTION 15. 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) Furnishes proof of legal presence in the United
States, as required by section 2 of this 2007 Act; + }
{ - (b) - } { + (c) + } Does not have a current, valid
driver license; and
{ - (c) - } { + (d) + } Furnishes { - such - } evidence
of the person's { - age and identity as the department may
require. - } { + name, date of birth, address, as defined by
rule, and gender. + }
{ - (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.
{ + (3) If the identification card is a temporary
identification card issued under section 2 of this 2007 Act, the
temporary identification card shall indicate that it is a
temporary identification card and the date on which the card
expires. + }
(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.
{ + (5) + } 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) - } { + (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.
{ - (6) - } { + (7) + } Each original identification card
shall expire on a date consistent with the expiration dates of
licenses as set forth in ORS 807.130.
{ - (7) - } { + (8) + } Identification cards shall be
renewed under the terms for renewal of licenses as set forth in
ORS 807.150.
{ - (8) - } { + (9) + } 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) - } { + (10) + } 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) - } { + (11) + } 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) - } { + (13) + } 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) - } { + (12) + } 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) - } { + (13) + } 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) - } { + (14) + } 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) - } { + (11) to (13) + } of this section. The
fee for a replacement identification card is provided under ORS
807.410.
{ - (14) - } { + (15) + } 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) - } { + (16) + } 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.
{ + (17) The department shall work with other agencies and
organizations to attempt to improve the issuance system for
identification cards. + }
SECTION 16. 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) Furnishes proof of legal presence in the United
States, as required by section 2 of this 2007 Act; + }
{ - (b) - } { + (c) + } Does not have a current, valid
driver license;
{ - (c) - } { + (d) + } Furnishes { - such - } evidence
of the person's { - age and identity as the department may
require; and - } { + name, date of birth, address, as defined
by rule, and gender; and + }
{ - (d) - } { + (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) - } { + (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.
{ + (3) If the identification card is a temporary
identification card issued under section 2 of this 2007 Act, the
temporary identification card shall indicate that it is a
temporary identification card and the date on which the card
expires. + }
(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.
{ + (5) + } 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) - } { + (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.
{ - (6) - } { + (7) + } Each original identification card
shall expire on a date consistent with the expiration dates of
licenses as set forth in ORS 807.130.
{ - (7) - } { + (8) + } Identification cards shall be
renewed under the terms for renewal of licenses as set forth in
ORS 807.150.
{ - (8) - } { + (9) + } The fee for an original
identification card or a renewal thereof shall be the fee
established under ORS 807.410.
{ - (9) - } { + (10) + } 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) - } { + (11) + } 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) - } { + (13) + } 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) - } { + (12) + }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) - } { + (13) + } 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) - } { + (14) + } 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) - } { + (11) to (13) + } of this section. The
fee for a replacement identification card is provided under ORS
807.410.
{ - (14) - } { + (15) + } 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) - } { + (16) + } 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.
{ + (17) The department shall work with other agencies and
organizations to attempt to improve the issuance system for
identification cards. + }
SECTION 17. ORS 811.603 is amended to read:
811.603. (1) The Department of Transportation shall issue
{ - an - } { + a parking + } identification card without a
photograph to an applicant for a disabled person parking permit
if the applicant does not have a driver license { + , + }
{ - or - } { + a driver + } permit or an identification card
issued by the department under ORS 807.400 and if the applicant
submits a statement from a physician that it would be impractical
or harmful to the applicant, because of medical or physical
condition, to appear at an office of the department and be
photographed for { - an - } { + a parking + } identification
card.
(2) The department shall determine by rule the terms,
conditions and requirements of { - an - } { + a parking + }
identification card issued under this section except that the
department may not require either that an applicant appear
personally in order to receive or renew a card or that the card
contain a photograph.
SECTION 18. ORS 811.604 is amended to read:
811.604. (1) Application for issuance of a disabled person
parking permit in the form of an individual placard or decal
issued under ORS 811.602 shall include:
(a) A certificate by a licensed physician, a certified nurse
practitioner or a licensed physician assistant to the Department
of Transportation that the applicant is a disabled person or a
certificate by a licensed optometrist that the applicant is a
disabled person because of loss of vision or substantial loss of
visual acuity or visual field beyond correction; and
(b) The number of a current, valid driver license, golf cart
driver permit { + , + } { - or - } identification card { + or
parking identification card + } issued to the applicant by the
department.
(2) Application for renewal of a disabled person parking permit
shall be a signed statement from the holder of the permit saying
that the person is still qualified to hold the permit.
SECTION 19. ORS 811.605 is amended to read:
811.605. (1) An applicant for an individual placard or decal
issued by the Department of Transportation under ORS 811.602 must
have a driver license, a disability golf cart driver
permit { + , + } { - or - } an identification card { + or a
parking identification card + } issued by the department. The
placard or decal shall be valid { - so - } { + as + } long as
the license, permit { + , + } { - or - } identification card
{ + or parking identification card + } is valid and may be
renewed when the license, permit or card is renewed.
(2) An individual placard or decal shall contain an expiration
date that is visible from outside the vehicle when the placard or
decal is displayed on or in the vehicle. The expiration date
shall be the same as the expiration date of the driver license,
golf cart driver permit { + , + } { - or - } identification
card { + or parking identification card + } of the holder of the
placard.
SECTION 20. { + Sections 21 to 26 of this 2007 Act are added
to and made a part of the Oregon Vehicle Code. + }
SECTION 21. { + ' Identity source documents' means documents
required for the issuance, renewal and replacement of driver
licenses, driver permits and identification cards by the
Department of Transportation. + }
SECTION 22. { + The Department of Transportation shall retain
paper copies of identity source documents for a minimum of seven
years or digital images of identity source documents for a
minimum of 10 years. + }
SECTION 23. { + (1) In addition to any fee imposed under ORS
807.370 and 807.410, the Department of Transportation may
increase the fee for each driver license, driver permit and
identification card that is issued, renewed or replaced for the
purpose of covering the costs of compliance with the Real ID Act
of 2005, Public Law 109-13.
(2) The fee increase under this section may not be more than
$___ for each issuance, renewal or replacement of a driver
license, driver permit or identification card. + }
SECTION 24. { + (1) Except as provided in subsection (2) of
this section, an officer, employee or contractor of the
Department of Transportation may not knowingly disclose
information from, or otherwise make available to any person
copies of, identity source documents submitted to the department
in connection with an application for a driver license, driver
permit or identification card.
(2) An officer, employee or contractor of the department may
make information or copies described in subsection (1) of this
section available to law enforcement officials, motor vehicle
agencies from other states and employees of the department acting
in an official capacity. + }
SECTION 25. { + All employees or contractors authorized to
manufacture or produce driver licenses, driver permits or
identification cards shall meet the appropriate security
requirements as defined by the Department of Transportation by
rule. + }
SECTION 26. { + Before issuing or renewing a driver license,
driver permit or identification card for a person, the Department
of Transportation shall verify with the issuing agency the
issuance, validity and completeness of each identity source
document presented by the person. + }
SECTION 27. { + The Department of Transportation may take
whatever actions are necessary to implement the provisions of
this 2007 Act prior to May 11, 2008. + }
SECTION 28. { + Sections 2 and 21 to 26 of this 2007 Act and
the amendments to ORS 802.195, 802.200, 807.040, 807.050,
807.110, 807.115, 807.130, 807.162, 807.400, 811.603, 811.604 and
811.605 by sections 4, 5, 7, 9, 10, 12 to 15 and 17 to 19 of this
2007 Act become operative May 11, 2008. + }
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