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 1971
Senate Bill 640
Sponsored by Senator WINTERS; Senators ATKINSON, BEYER, BURDICK,
DEVLIN, FERRIOLI, KRUSE, METSGER, MORSE, NELSON, STARR, VERGER,
WHITSETT, Representative BARKER (at the request of Blue Ribbon
Task Force on Methamphetamine)
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.
Directs Department of Transportation to collect fingerprints of
applicants for each issuance, renewal or replacement of driver
license, driver permit or identification card. Requires
fingerprints to be retained in records of Department of
Transportation.
Becomes operative July 1, 2008.
A BILL FOR AN ACT
Relating to fingerprints; creating new provisions; and amending
ORS 807.024, 807.040 and 807.400.
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) The Department of Transportation shall
retain fingerprints collected by the department in the course of
issuing, renewing or replacing driver licenses, driver permits
and identification cards.
(2) Fingerprints collected by the department may not be made
available to anyone other than employees of the department acting
in an official capacity. + }
SECTION 3. 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 { + the person's fingerprints
and + } biometric data by the Department of Transportation for
the purpose of establishing the person's identity. Submitting to
collection of { + the person's fingerprints and + } biometric
data under this section does not excuse a person from
responsibility for complying with requirements for proof of
identity, age or residence pursuant to ORS 807.050.
(2) For purposes of this section, a person's identity is
established if:
(a) The department finds that the { + fingerprints + }
{ + and + } biometric data collected as required under
subsection (1) of this section match the { + fingerprints
and + } biometric data that are already in the department's
records for that person; or
(b) The department finds that the { + fingerprints and + }
biometric data collected as required under subsection (1) of this
section do not match { + the fingerprints and + } 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 { + the
person's fingerprints and + } 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 { + the person's fingerprints and + } biometric
data or by a person who previously submitted to collection of
{ + fingerprints + } { + and + } biometric data under the
identity of the person currently submitting to collection of
{ + fingerprints and + } 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 { + fingerprints or + } biometric
data for a license, permit or identification card established the
applicant's identity as described in subsection (2) of this
section.
SECTION 4. 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 submit to { + fingerprinting and the + }
collection of biometric data by the department { - that
establish - } { + to establish + } the identity of the person
as described in ORS 807.024.
(c) 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) The person must successfully pass all examination
requirements under ORS 807.070 for the class of license sought.
(e) The person must pay the appropriate license fee under ORS
807.370 for the class of license sought.
(f) The person must pay the Student Driver Training Fund
eligibility fee.
(g) 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) 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) 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 5. ORS 807.400, as amended by section 8, chapter 775,
Oregon Laws 2005, is amended to read:
807.400. (1) The Department of Transportation shall issue an
identification card to any person who:
(a) Is domiciled in or resident of this state, as described in
ORS 807.062;
(b) Does not have a current, valid driver license;
(c) Furnishes such evidence of the person's age and identity as
the department may require; and
(d) Submits to { + fingerprinting and the + } collection of
biometric data by the department { - that establish - } { +
to establish + } the identity of the person as provided in ORS
807.024.
(2) The department shall work with other agencies and
organizations to attempt to improve the issuance system for
identification cards.
(3) Every original application for an identification card must
be signed by the applicant. The department shall require at least
one document to verify the address of an applicant for issuance
of an identification card in addition to other documents the
department may require of the applicant. If the address of an
applicant has changed since the last time an identification card
was issued to or renewed for the applicant, the department shall
require proof to verify the address of an applicant for renewal
of an identification card, in addition to anything else the
department may require.
(4) Every identification card shall be issued upon the standard
license form described under ORS 807.110 and shall bear a
statement to the effect that the identification card is not a
license or any other grant of driving privileges to operate a
motor vehicle and is to be used for identification purposes only.
The department shall use the same security procedures, processes,
materials and features for an identification card as are required
for a license under ORS 807.110.
(5) Upon order of the juvenile court, the department shall
include on the card the fact that the person issued the
identification card is an emancipated minor.
(6) Each original identification card shall expire on a date
consistent with the expiration dates of licenses as set forth in
ORS 807.130.
(7) Identification cards shall be renewed under the terms for
renewal of licenses as set forth in ORS 807.150.
(8) The fee for an original identification card or a renewal
thereof shall be the fee established under ORS 807.410.
(9) An identification card becomes invalid if the holder of the
card changes residence address from that shown on the
identification card and does not provide the department with
notice of the change as required under ORS 807.420.
(10) If a person to whom an identification card was issued and
who changes residence address appears in person at a department
office that issues identification cards, the department may do
any of the following:
(a) Issue a replacement identification card containing the new
address upon receipt of the old identification card and payment
of the fee established for issuing a replacement identification
card with a changed address under ORS 807.410. Except as
otherwise provided in subsection (12) of this section, the
replacement identification card shall bear the same
distinguishing number as the card being replaced.
(b) Note the new address on the old identification card in a
manner to be determined by the department.
(11) An identification card becomes invalid if the holder of
the card changes the person's name from that shown on the card,
including a change of name by marriage, without providing the
department with notice of the change as required under ORS
807.420. Upon receiving such notice and the old identification
card, the department shall issue a replacement identification
card upon payment of the fee required under ORS 807.410.
(12) In the event that, for a reason identified by the
department by rule, a person needs a replacement identification
card that bears a different distinguishing number from the card
being replaced, the person to whom the card was issued may obtain
a replacement card from the department upon furnishing proof
satisfactory to the department of the need for such replacement
and payment of the replacement fee under ORS 807.410.
(13) The department may establish by rule reasons for issuing
replacement identification cards that are in addition to the
reasons identified in subsections (10) to (12) of this section.
The fee for a replacement identification card is provided under
ORS 807.410.
(14) Upon cancellation of an identification card, the card is
terminated and must be surrendered to the department. An
identification card may be canceled for any of the reasons that
driving privileges or a license may be canceled under ORS
809.310. The department may reissue an identification card
canceled under this subsection when the applicant has satisfied
all requirements for the identification card.
(15) Notwithstanding any other provision of this section, the
department may issue an identification card to a person under
this subsection without charge when the person surrenders a
license or driver permit to the department for reasons described
in this subsection. If the department issues an identification
card under this subsection, the identification card shall expire
at the same time as the surrendered driver license or driver
permit would have expired. An identification card issued under
this subsection is subject to the same requirements and fees for
renewal or upon expiration as any other identification card
issued under this section. The department may issue
identification cards under this subsection as described under any
of the following:
(a) The department may issue an identification card under this
subsection to a person who voluntarily surrenders a license or
driver permit to the department based upon the person's
recognition that the person is no longer competent to drive.
(b) The department may issue an identification card to a person
under this subsection when the person's driving privileges are
suspended under ORS 809.419 (1). This paragraph only applies if
the person voluntarily surrenders the person's license or driver
permit to the department as provided under ORS 809.500.
SECTION 6. { + Section 2 of this 2007 Act and the amendments
to ORS 807.024, 807.040 and 807.400 by sections 3 to 5 of this
2007 Act become operative on July 1, 2008. + }
SECTION 7. { + The Department of Transportation may take any
action before the operative date of section 2 of this 2007 Act
that is necessary to enable the department to implement section 2
of this 2007 Act and the amendments to ORS 807.024, 807.040 and
807.400 by sections 3 to 5 of this 2007 Act on and after the
operative date of section 2 of this 2007 Act. + }
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