Chapter 1
AN ACT
SB 1080
Relating to documents issued by Department of
Transportation; creating new provisions; amending ORS 97.953, 802.200, 807.024,
807.040, 807.050, 807.110, 807.130, 807.162, 807.310, 807.370, 807.400,
807.405, 807.410, 811.603, 811.604, 811.605 and 811.606; and declaring an
emergency.
Be It Enacted by the People of
the State of
SECTION 1. Sections 2 and 4 of this 2008 Act are added
to and made a part of the
SECTION 2. (1) Except as provided in ORS 807.310 (5)
and 807.405 (4), 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 both legal presence in the United States
and a Social Security number or, if the person is not eligible for a Social
Security number, proof of legal presence in the United States 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 in the
(b) A member of a
federally recognized tribe located in Oregon or with an Oregon affiliation may
submit a tribal identification card as proof of legal presence in the United
States if the department determines that the procedures used in issuing the
card are sufficient to prove that a member is legally present in the United
States.
(c) A person provides
proof of a Social Security number by submitting valid documentation, as defined
by the department by rule, that includes a Social
Security number that has been assigned to the person by the
(d) If a person is not
eligible for a Social Security number, the person shall provide proof, as
defined by the department by rule, that the person is not eligible for a Social
Security number.
(3) The department may
issue, renew or replace a driver license, driver permit or identification card
for an applicant who has submitted a Social Security number only after the
department verifies the Social Security number with the
(4) This section does
not apply if the department previously verified the Social Security number as
required by subsection (3) 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
SECTION 3. Section 2 of this 2008 Act applies to driver
licenses, driver permits and identification cards that are issued, renewed or
replaced on or after the effective date of this 2008 Act.
SECTION 4. (1) The Department of Transportation may
issue or replace a limited term driver license, limited term driver permit or
limited term identification card only for a person who provides proof, as
determined by the department by rule, that the person is legally present in the
United States on a temporary basis.
(2) A limited term
driver license, limited term driver permit or limited term identification card
is valid:
(a) During the applicant’s
authorized stay in the United States, but no longer than eight years from the
date of issuance; or
(b) If there is no
definite end to the authorized stay, for a period of one year.
(3) A limited term
driver license, limited term driver permit or limited term identification card
may be renewed only upon presentation of valid documentation, as determined by
the department by rule, that the status by which the applicant qualified for
the limited term driver license, limited term driver permit or limited term
identification card has been extended or is still in effect.
(4) A limited term
driver license or limited term driver permit grants the same privileges as a
driver license or driver permit.
(5) A limited term
identification card shall bear a statement to the effect that the limited term
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.
SECTION 5. Sections 6 and 7 of this 2008 Act are added
to and made a part of the
SECTION 6. “Identity source documents” means documents
required for the issuance, renewal or replacement of a driver license, a driver
permit or an identification card by the Department of Transportation.
SECTION 7. Prior to issuing, renewing or replacing a
driver license, driver permit or identification card, the Department of
Transportation may verify with the issuing agency the validity and completeness
of each identity source document presented by the applicant.
SECTION 8. 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 or proof that the person is not eligible for a Social Security number.
[(e)] (f) 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
(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 of
Transportation, 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 9. ORS 807.040, as operative until July 1, 2008,
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) As required by
sections 2 and 4 of this 2008 Act, the person must present proof of both legal
presence in the United States and a Social Security number or, if the person is
not eligible for a Social Security number, proof of legal presence in the
United States and proof that the person is not eligible for a Social Security
number.
[(b)] (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.
[(c)] (d) The person must
successfully pass all examination requirements under ORS 807.070 for the class
of license sought.
[(d)] (e) The appropriate license
fee under ORS 807.370 for the class of license sought must be paid.
[(e)] (f) The Student Driver Training Fund eligibility fee
must be paid.
[(f)] (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.
[(g)] (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, 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)] (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 10. 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) As required by
sections 2 and 4 of this 2008 Act, the person must present proof of both legal
presence in the United States and a Social Security number or, if the person is
not eligible for a Social Security number, proof of legal presence in the
United States and proof that the person is not eligible for a Social Security
number.
[(b)] (c) 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)] (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.
[(d)] (e) The person must
successfully pass all examination requirements under ORS 807.070 for the class
of license sought.
[(e)] (f) The person must pay the
appropriate license fee under ORS 807.370 for the class of license sought.
[(f)] (g) The person must pay the
Student Driver Training Fund eligibility fee.
[(g)] (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.
[(h)] (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 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)] (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 11. ORS 807.050 is amended to read:
807.050. An application
for a license shall be in a form approved by the Oregon Department of
Transportation. An application must contain all the following:
(1) The applicant’s [true] full legal name, age, sex,
residence address, except as otherwise provided for corrections officers in ORS
802.253, eligible employees in ORS 802.250 or Address Confidentiality Program
participants in ORS 192.846, and post-office address other than general
delivery. The department may provide by rule for acceptance of something other
than an actual residence or post-office address if the department determines
that the applicant does not have an actual address. The department shall
require proof to verify the address in addition to anything else the department
may require of the applicant.
(2) Whether or not the
applicant has ever been issued any driver license or driver permit. If the
applicant has been issued any license or driver permit:
(a) When the license or
driver permit was granted;
(b) What jurisdiction
granted the license or driver permit;
(c) Whether or not the
driving privileges under the license or driver permit are currently suspended
or revoked; and
(d) If the driving
privileges are revoked or suspended, the date and reason for the suspension or
revocation.
(3) The class of license
sought.
(4) The Social Security
number of the applicant or other number or identifying information determined
appropriate by the Secretary of the United States Department of Transportation,
if the application is for a commercial driver license or if the Oregon
Department of Transportation by rule requires the Social Security number on the
application.
(5) Any other information
the department deems necessary to assist the department in determining whether
the applicant is qualified or eligible to be licensed.
SECTION 12. ORS 807.110, as operative until July 1, 2008,
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:
(a) The [name,]
full legal name of the person to whom the license is issued, except that the
department may limit the number of characters displayed on the license;
(b) The date of birth of the person to whom
the license is issued; and[,]
(c) Except as
provided for corrections officers in ORS 802.253, eligible employees in ORS
802.250 or Address Confidentiality Program participants in ORS 192.846, the
residence address of the person to whom the license is issued [and a space for the person’s signature].
(4) 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) 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) Except as otherwise
provided in this subsection, a license shall bear a photograph described in
this subsection. The [Director of
Transportation] department, by rule, may provide for issuance of a
valid license without a photograph if the applicant shows good cause. The [director] department shall
include religious preferences as good cause for issuance of a license without a
photograph but [shall] need
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.]
(7) A license shall
contain the signature of the person to whom the license 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 13. ORS 807.110 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,] full legal name of the person
to whom the license is issued, except that the department may limit the number
of characters displayed on the license.
(d) The date of
birth of the person to whom the license is issued. [and,]
(e) Except as
provided for corrections officers in ORS 802.253, eligible employees in ORS
802.250 or Address Confidentiality Program participants in ORS 192.846, the
residence address of the person to whom the license is issued [and a space for the person’s signature].
[(d)] (f) Upon request of the person
to whom the license is issued, the fact that the person is an anatomical donor.
[(e)] (g) Upon order of the juvenile
court, the fact that the person to whom the license is issued is an emancipated
minor.
[(f)] (h) Except as otherwise
provided in [this paragraph] subsection
(2) of this section, 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, except that the department, by rule, may allow
the applicant to use a photograph already on file with the department.
[(g)] (i) 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.
(j) The signature of
the person to whom the license is issued.
[(2) A license is not valid until signed by the person to whom it is
issued.]
(2) The department
may issue a valid license without a photograph to an applicant who objects
either on religious grounds or because of the applicant’s facial disfigurement.
(3) A limited term
driver license issued under section 4 of this 2008 Act shall indicate:
(a) That it is a limited
term driver license; and
(b) The date on which
the limited term driver license expires.
[(3)] (4) 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 14. 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 pursuant to ORS 807.050.
(2) Notwithstanding
subsection (1) of this section and ORS 807.040 (1)(c),
the department, by rule, may provide for issuance, renewal or replacement of a
valid driver license or driver permit without the collection of biometric data.
[(2)] (3) 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)] (4) If a person’s identity is established as described
in subsection [(2)] (3) 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)] (5) If a person’s identity is not established as
described in subsection [(2)] (3)
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)] (6) If a person’s identity was not established as
described in subsection [(2)] (3)
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)] (7) The department by rule
shall establish procedures for providing expedited processing of driver
licenses, driver permits or identification cards.
[(7)] (8) 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)] (3)
of this section.
SECTION 15. 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 expires
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 sections 2 and 4 of this 2008 Act, but no longer than eight years
from the date of issuance or, if there is no definite end to the authorized
stay, after a period of one year.
[(3)] (4) A license that has
expired does not grant driving privileges and is not valid evidence of driving
privileges.
SECTION 16. 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:
(1) As required by
sections 2 and 4 of this 2008 Act, proof of both legal presence in the United
States and a Social Security number, or, if the person is not eligible for a
Social Security number, proof of legal presence in the United States and proof
that the person is not eligible for a Social Security number.
(2)
Proof of identity, date of birth and address. The department 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) 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 17. ORS 807.370 is amended to read:
807.370. The following
are the fees relating to the issuance and renewal of licenses, driver permits
and endorsements:
(1) Disability golf cart
driver permit fees under ORS 807.210, as follows:
(a) For issuance, [$38.50] $43.
(b) For renewal fee
under ORS 807.210, [$26.50] $31.
(2) Emergency driver
permit fee under ORS 807.220, [$18] $22.50.
(3) Instruction driver
permit fees under ORS 807.280, as follows:
(a) For issuance, [$18] $22.50.
(b) For renewal, [$18] $22.50.
(4)(a) License issuance
fee for a Class C license, [$48.50] $53.
(b) Fee to take the
knowledge test for a Class C license, $5.
(c) Fee to take the
skills test for a Class C license, $9.
(5) License issuance fee
for a restricted Class C license, [$48.50]
$53.
(6) License issuance fee
for a commercial driver license, whether or not the license contains
endorsements, [$70] $74.50.
(7) Test fees for a
commercial driver license or permit:
(a) To take the
knowledge test for a Class A commercial license or permit, $10.
(b) To take the skills
test for a Class A commercial license, $70.
(c) To take the
knowledge test for a Class B commercial license or permit, $10.
(d) To take the skills
test for a Class B commercial license, $70.
(e) To take the
knowledge test for a Class C commercial license or permit, $10.
(f) To take the skills
test for a Class C commercial license, $70.
(8) Notwithstanding
subsection (6) of this section, for issuance of a commercial driver license of
any class when the Department of Transportation accepts a certificate of
competency issued under ORS 807.080, $40 in addition to the fee under
subsection (6) of this section.
(9) Notwithstanding
subsection (6) of this section, for original issuance of a school bus
endorsement to a person who has a commercial driver license with a passenger
endorsement:
(a) $21; or
(b) $61 if the
department accepts a certificate of competency issued under ORS 807.080.
(10) For a farm
endorsement, $26.
(11) Test fees for the
knowledge test for endorsements other than motorcycle and farm endorsements:
(a) For a hazardous
materials endorsement, $10.
(b) For a tank vehicle
endorsement, $10.
(c) For a passenger
endorsement, $10.
(d) For a double and
triple trailer endorsement, $10.
(e) For a school bus
endorsement, $10.
(12) Fee to take an
airbrake knowledge test, $10.
(13) Fee to take an
airbrake skills test to remove an airbrake restriction, $56.
(14) License renewal fee
for a commercial driver license, [$50]
$54.50.
(15) License renewal fee
for a Class C license, [$28.50] $33.
(16) License or driver permit replacement fee under ORS 807.160, [$21] $25.50.
(17) Original endorsement
issuance fee under ORS 807.170 for a motorcycle endorsement, $46, in addition
to any fees for the endorsed license.
(18) Special student
driver permit fee under ORS 807.230, [$18]
$22.50.
(19) Student Driver
Training Fund eligibility fee under ORS 807.040 and 807.150, $6.
(20) Motorcycle Safety
Subaccount fee as follows:
(a) Upon original
issuance of motorcycle endorsements under ORS 807.170, $28.
(b) Upon renewal of a
license with a motorcycle endorsement under ORS 807.170, $28.
(21) Probationary driver
permit application fee under ORS 807.270, $50.
(22) Hardship driver
permit application fee under ORS 807.240, $50.
(23) Fee for
reinstatement of revoked driving privileges under ORS 809.390, $75.
(24) Fee for
reinstatement of suspended driving privileges under ORS 809.380, $75.
(25) Fee for
reinstatement of right to apply for driving privileges after a delay under ORS
809.280 (10) (1997 Edition), the same as the fee for reinstatement of suspended
driving privileges.
(26) Fee for a special
limited vision condition learner’s permit under ORS 807.359, $13.
SECTION 18. The amendments to ORS 807.370 by section 17
of this 2008 Act become operative July 1, 2008.
SECTION 19. ORS 807.370, as amended by section 17 of this
2008 Act, is amended to read:
807.370. The following
are the fees relating to the issuance and renewal of licenses, driver permits
and endorsements:
(1) Disability golf cart
driver permit fees under ORS 807.210, as follows:
(a) For issuance, [$43.00] $44.
(b) For renewal fee
under ORS 807.210, [$31.00] $32.
(2) Emergency driver
permit fee under ORS 807.220, [$22.50]
$23.50.
(3) Instruction driver
permit fees under ORS 807.280, as follows:
(a) For issuance, [$22.50] $23.50.
(b) For renewal, [$22.50] $23.50.
(4)(a) License issuance
fee for a Class C license, [$53.00] $54.
(b) Fee to take the
knowledge test for a Class C license, $5.
(c) Fee to take the
skills test for a Class C license, $9.
(5) License issuance fee
for a restricted Class C license, [$53.00]
$54.
(6) License issuance fee
for a commercial driver license, whether or not the license contains
endorsements, [$74.50] $75.50.
(7) Test fees for a
commercial driver license or permit:
(a) To take the
knowledge test for a Class A commercial license or permit, $10.
(b) To take the skills
test for a Class A commercial license, $70.
(c) To take the
knowledge test for a Class B commercial license or permit, $10.
(d) To take the skills
test for a Class B commercial license, $70.
(e) To take the
knowledge test for a Class C commercial license or permit, $10.
(f) To take the skills
test for a Class C commercial license, $70.
(8) Notwithstanding
subsection (6) of this section, for issuance of a commercial driver license of
any class when the Department of Transportation accepts a certificate of
competency issued under ORS 807.080, $40 in addition to the fee under
subsection (6) of this section.
(9) Notwithstanding
subsection (6) of this section, for original issuance of a school bus
endorsement to a person who has a commercial driver license with a passenger
endorsement:
(a) $21; or
(b) $61 if the
department accepts a certificate of competency issued under ORS 807.080.
(10) For a farm
endorsement, $26.
(11) Test fees for the
knowledge test for endorsements other than motorcycle and farm endorsements:
(a) For a hazardous
materials endorsement, $10.
(b) For a tank vehicle
endorsement, $10.
(c) For a passenger
endorsement, $10.
(d) For a double and
triple trailer endorsement, $10.
(e) For a school bus
endorsement, $10.
(12) Fee to take an
airbrake knowledge test, $10.
(13) Fee to take an
airbrake skills test to remove an airbrake restriction, $56.
(14) License renewal fee
for a commercial driver license, [$54.50]
$55.50.
(15) License renewal fee
for a Class C license, [$33.00] $34.
(16) License or driver permit replacement fee under ORS 807.160, [$25.50] $26.50.
(17) Original
endorsement issuance fee under ORS 807.170 for a motorcycle endorsement, $46,
in addition to any fees for the endorsed license.
(18) Special student
driver permit fee under ORS 807.230, [$22.50]
$23.50.
(19) Student Driver
Training Fund eligibility fee under ORS 807.040 and 807.150, $6.
(20) Motorcycle Safety
Subaccount fee as follows:
(a) Upon original
issuance of motorcycle endorsements under ORS 807.170, $28.
(b) Upon renewal of a
license with a motorcycle endorsement under ORS 807.170, $28.
(21) Probationary driver
permit application fee under ORS 807.270, $50.
(22) Hardship driver
permit application fee under ORS 807.240, $50.
(23) Fee for
reinstatement of revoked driving privileges under ORS 809.390, $75.
(24) Fee for
reinstatement of suspended driving privileges under ORS 809.380, $75.
(25) Fee for
reinstatement of right to apply for driving privileges after a delay under ORS
809.280 (10) (1997 Edition), the same as the fee for reinstatement of suspended
driving privileges.
(26) Fee for a special
limited vision condition learner’s permit under ORS 807.359, $13.
(27)(a) License
issuance fee for a Class C limited term license, $23.
(b) Fee to take the
knowledge test for a Class C limited term license, $5.
(c) Fee to take the
skills test for a Class C limited term license, $9.
(28) License issuance
fee for a restricted Class C limited term license, $23.
(29) License issuance
fee for a limited term commercial driver license, whether or not the license
contains endorsements, $45.
(30) License renewal fee
for a limited term commercial driver license, $14.
(31) License renewal fee
for a Class C limited term license, $8.
(32) Limited term
license or limited term driver permit replacement fee under ORS 807.160,
$26.50.
(33) Limited term
Student Driver Training Fund eligibility fee under ORS 807.040 and 807.150, $2.
SECTION 20. The amendments to ORS 807.370 by section 19
of this 2008 Act become operative January 1, 2010.
SECTION 21. ORS 807.400, as operative until July 1, 2008,
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 is
a resident of this state, as described in ORS 807.062;
(b) As required by
sections 2 and 4 of this 2008 Act, furnishes proof of both legal presence in
the United States and a Social Security number, or, if the person is not
eligible for a Social Security number, proof of legal presence in the United
States and proof that the person is not eligible for a Social Security number;
[(b)] (c) Does not have a current,
valid driver license; and
[(c)] (d) Furnishes [such]
evidence of the person’s full legal name, age and identity as the
department may require.
(2) The department shall
work with other agencies and organizations to attempt to improve the issuance
system for identification cards.
(3) Every original
application for an identification card must be signed by the applicant. The
department shall require at least one document to verify the address of an
applicant for issuance of an identification card in addition to other documents
the department may require of the applicant. If the address of an applicant has
changed since the last time an identification card was issued to or renewed for
the applicant, the department shall require proof to verify the address of [an] the 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. The
identification card is not required to contain the residence address of persons
listed in ORS 807.110 (3).
(5) If the
identification card is a limited term identification card issued under section
4 of this 2008 Act, the limited term identification card shall indicate:
(a) That it is a limited
term identification card; and
(b) The date on which
the limited term identification card expires.
[(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 different
from the number on 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] the person’s 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]
for any of the following reasons:
(a) The [department may issue an identification card
under this subsection to a] person [who]
voluntarily surrenders [a] the
person’s 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 driver license or driver permit to
the department as provided under ORS 809.500.
SECTION 22. 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 is
a resident of this state, as described in ORS 807.062;
(b) As required by
sections 2 and 4 of this 2008 Act, furnishes proof of both legal presence in
the United States and a Social Security number, or, if the person is not
eligible for a Social Security number, proof of legal presence in the United
States and proof that the person is not eligible for a Social Security number;
[(b)] (c) Does not have a current,
valid driver license;
[(c)] (d) Furnishes [such] evidence of the person’s full
legal name, age and identity as the department may require; 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) 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] the 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. The
identification card is not required to contain the residence address of persons
listed in ORS 807.110 [(1)(c)] (1)(e).
(5) If the
identification card is a limited term identification card issued under section
4 of this 2008 Act, the limited term identification card shall indicate:
(a) That it is a limited
term identification card; and
(b) The date on which
the limited term identification card expires.
[(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 different
from the number on 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] the person’s 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] for any of the following reasons:
(a) The [department may issue an identification card
under this subsection to a] person [who]
voluntarily surrenders [a] the
person’s 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 driver license or driver permit to
the department as provided under ORS 809.500.
SECTION 23. ORS 807.410 is amended to read:
807.410. This section
establishes the fees relating to identification cards. The following fees apply
to identification cards unless otherwise provided by ORS 807.400 or otherwise
provided by law:
(1) For issuance of an
original identification card, [$29] $33.50.
This subsection does not require a fee for issuance when ORS 807.400 provides
for issuance of an identification card without charge of a fee.
(2) For renewal of an
identification card, [$25] $29.50.
(3) For replacement of
an identification card, [$24] $28.50.
(4) For reinstatement of
an identification card after suspension, $75.
SECTION 24. The amendments to ORS 807.410 by section 23
of this 2008 Act become operative July 1, 2008.
SECTION 25. ORS 807.410, as amended by section 23 of this
2008 Act, is amended to read:
807.410. This section
establishes the fees relating to identification cards. The following fees apply
to identification cards unless otherwise provided by ORS 807.400 or otherwise
provided by law:
(1) For issuance of an
original identification card, [$33.50]
$34.50. This subsection does not require a fee for issuance when ORS
807.400 provides for issuance of an identification card without charge of a
fee.
(2) For renewal of an
identification card, [$29.50]
$30.50.
(3) For replacement of
an identification card, [$28.50] $29.50.
(4) For reinstatement of
an identification card after suspension, $75.
(5) For issuance of
an original limited term identification card, $10.
(6) For renewal of a
limited term identification card, $8.
(7) For replacement of a
limited term identification card, $29.50.
SECTION 26. The amendments to ORS 807.410 by section 25
of this 2008 Act become operative January 1, 2010.
SECTION 27. ORS 807.310 is amended to read:
807.310. (1) The
Department of Transportation shall provide for the issuance of applicant
temporary driver permits in a manner consistent with this section.
(2) The department may
issue an applicant temporary driver permit to an applicant for a driver
license or for a driver permit while the department is determining all facts
relative to application for the driver license or driver permit. The
department shall set forth on the applicant temporary driver permit the driving
privileges granted under the permit.
(3) The holder of an
applicant temporary driver permit must have the temporary driver permit on the
holder’s person while operating a motor vehicle. The holder of an applicant
temporary driver permit must operate within the driving privileges granted
under the temporary driver permit.
(4) An applicant
temporary driver permit [shall be]
is valid for a period of 30 days from the date issued. The department may
extend the term of the permit for sufficient cause. An extension of the term of
the permit [shall not be for more than 30]
may not exceed an additional 30 days. [An applicant temporary driver permit automatically becomes invalid if
the applicant’s license or permit is issued or refused for good cause.]
(5) Notwithstanding
section 11, chapter 775, Oregon Laws 2005, if an applicant has complied with
all the requirements for an application for a driver license or driver permit,
except that the applicant is unable to produce the documentation required by
the department under sections 2 and 4 of this 2008 Act, the department, at the
time of application, may issue to the applicant an applicant temporary driver
permit as provided in this section if the applicant certifies that the
applicant is, to the best of the applicant’s knowledge, legally present in the
United States.
(6) An applicant
temporary driver permit issued to an applicant under subsection (5) of this
section is valid for a period of 90 days from the date issued. The department
may extend the term of the permit for sufficient cause. An extension of the
term of the permit may not exceed an additional 60 days.
(7) An applicant
temporary driver permit automatically becomes invalid if the applicant’s
license or permit is issued or refused for good cause.
[(5)] (8) [No fee shall
be charged] The department may not charge a fee
for issuance of an applicant temporary driver permit under this section.
SECTION 28. ORS 807.405 is amended to read:
807.405. (1) The
Department of Transportation shall provide for the issuance of applicant
temporary identification cards in a manner consistent with this section.
(2) The department may
issue an applicant temporary identification card to an applicant while the
department is determining all facts relative to the application for an
identification card.
(3) An applicant
temporary identification card [shall be]
is valid for a period of 30 days from the date issued. The department
may extend the term of the applicant temporary identification card for
sufficient cause. An extension of the term of the applicant temporary
identification card may not [be for more
than 30] exceed an additional 30 days. [An applicant temporary identification card automatically becomes
invalid if the applicant’s identification card is issued or refused for good
cause.]
(4) Notwithstanding
section 11, chapter 775, Oregon Laws 2005, if an applicant has complied with
all the requirements for an application for an identification card, except that
the applicant is unable to produce the documentation required by the department
under sections 2 and 4 of this 2008 Act, the department, at the time of
application, may issue to the applicant an applicant temporary identification
card as provided in this section if the applicant certifies that the applicant
is, to the best of the applicant’s knowledge, legally present in the United
States.
(5) An applicant
temporary identification card issued to an applicant under subsection (4) of
this section is valid for a period of 90 days from the date issued. The
department may extend the term of the permit for sufficient cause. An extension
of the term of the permit may not exceed an additional 60 days.
(6) An applicant
temporary identification card automatically becomes invalid if the applicant’s
identification card is issued or refused for good cause.
[(4)] (7) The department may not
charge a fee for issuance of an applicant temporary identification card under
this section.
SECTION 29. 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 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 30. 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 person
with a disability or a certificate by a licensed optometrist that the applicant
is a person with a disability 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 31. 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 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 32. ORS 811.606 is amended to read:
811.606. The Department
of Transportation may issue a placard showing an expiration date not to exceed
six months after the date of issuance for use by persons with temporary
disabilities upon submission by the applicant of a certificate described in ORS
811.604 except that it certifies that the applicant has a temporary disability
for less than four years. An applicant for a temporary disabled person
parking permit need not have a driver license, a driver permit,
[or] an identification card
or a parking identification card.
SECTION 33. ORS 97.953 is amended to read:
97.953. As used in ORS
97.951 to 97.982:
(1) “Adult” means an
individual who is 18 years of age or older.
(2) “Agent” means an:
(a) Attorney-in-fact as
that term is defined in ORS 127.505; or
(b) Individual expressly
authorized to make an anatomical gift on the principal’s behalf by any record
signed by the principal.
(3) “Anatomical gift”
means a donation of all or part of a human body to take effect after the donor’s
death for the purpose of transplantation, therapy, research or education.
(4) “Body part” means an
organ, an eye or tissue of a human being. The term does not include the whole
body.
(5) “Decedent” means a
deceased individual whose body or body part is or may be the source of an
anatomical gift, and includes a stillborn infant or a fetus.
(6)(a) “Disinterested
witness” means a witness other than:
(A) A spouse, child,
parent, sibling, grandchild, grandparent or guardian of the individual who
makes, amends, revokes or refuses to make an anatomical gift; or
(B) An adult who
exhibited special care and concern for the individual.
(b) “Disinterested
witness” does not include a person to whom an anatomical gift could pass under
ORS 97.969.
(7) “Document of gift”
means a donor card or other record used to make an anatomical gift. The term
includes a statement, symbol or designation on a driver license, identification
card or donor registry.
(8) “Donor” means an
individual whose body or body part is the subject of an anatomical gift.
(9) “Donor registry”
means a centralized database that contains records of anatomical gifts and
amendments to or revocations of anatomical gifts.
(10) “Driver license”
means a license or permit issued under ORS 807.040, 807.200 or 807.280 or
sections 2 and 4 of this 2008 Act, regardless of whether conditions are
attached to the license or permit.
(11) “Eye bank” means an
organization licensed, accredited or regulated under federal or state law to
engage in the recovery, screening, testing, processing, storage or distribution
of human eyes or portions of human eyes.
(12) “Guardian” means a
person appointed by a court to make decisions regarding the support, care,
education, health or welfare of an individual. “Guardian” does not include a
guardian ad litem.
(13) “Hospital” means a
facility licensed as a hospital under the law of any state or a facility
operated as a hospital by the
(14) “Identification
card” means the card issued under ORS 807.400 or sections 2 and 4 of this
2008 Act, or a comparable provision of the motor vehicle laws of another
state.
(15) “Know” means to
have actual knowledge.
(16) “Minor” means an
individual who is under 18 years of age.
(17) “Organ procurement
organization” means an organization designated by the Secretary of the United
States Department of Health and Human Services as an organ procurement
organization.
(18) “Parent” means a
parent whose parental rights have not been terminated.
(19) “Physician” means
an individual authorized to practice medicine or osteopathy under the law of
any state.
(20) “Procurement
organization” means an eye bank, organ procurement organization or tissue bank.
(21) “Prospective donor”
means an individual who is dead or near death and has been determined by a
procurement organization to have a body part that could be medically suitable
for transplantation, therapy, research or education. The term does not include
an individual who has made a refusal.
(22) “Reasonably
available” means able to be contacted by a procurement organization without
undue effort and willing and able to act in a timely manner consistent with
existing medical criteria necessary for the making of an anatomical gift.
(23) “Recipient” means
an individual into whose body a decedent’s body part has been or is intended to
be transplanted.
(24) “Record” means
information that is inscribed on a tangible medium or that is stored in an
electronic or other medium and is retrievable in perceivable form.
(25) “Refusal” means a
record that expressly states an intent to prohibit
other persons from making an anatomical gift of an individual’s body or body
part.
(26) “Sign” means, with
the present intent to authenticate or adopt a record:
(a) To execute or adopt
a tangible symbol; or
(b) To attach to or
logically associate with the record an electronic symbol, sound or process.
(27) “State” means a
state of the
(28) “Technician” means
an individual determined to be qualified to remove or process body parts by an
appropriate organization that is licensed, accredited or regulated under
federal or state law. The term includes an enucleator.
(29) “Tissue” means a
portion of the human body other than an organ or an eye. The term does not
include blood unless the blood is donated for the purpose of research or
education.
(30) “Tissue bank” means
a person that is licensed, accredited or regulated under federal or state law
to engage in the recovery, screening, testing, processing, storage or
distribution of tissue.
(31) “Transplant
hospital” means a hospital that furnishes organ transplants and other medical
and surgical specialty services required for the care of transplant patients.
SECTION 34. (1) Using existing resources, the
Department of Transportation shall provide ombudsman services to applicants for
a driver license, a driver permit or an identification card. An ombudsman shall
assist applicants who are otherwise qualified for issuance, renewal or
replacement of a driver license, a driver permit or an identification card but
who are unable to produce the documentation required by the department under
sections 2 and 4 of this 2008 Act.
(2) The department may
not provide ombudsman services to an applicant unless the applicant certifies
in writing that the applicant is, to the best of the applicant’s knowledge,
legally present in the
SECTION 35. (1) Section 2 of this 2008 Act and the
amendments to ORS 807.050, 807.110, 807.310, 807.400 and 807.405 by sections
11, 13, 22, 27 and 28 of this 2008 Act become operative July 1, 2008.
(2) The Department of
Transportation may adopt rules or take any action before the operative date
specified in subsection (1) of this section necessary to enable the department
to exercise, on or after the operative date specified in subsection (1) of this
section, all the duties, functions and powers conferred on the department by
section 2 of this 2008 Act and the amendments to ORS 807.050, 807.110, 807.310,
807.400 and 807.405 by sections 11, 13, 22, 27 and 28 of this 2008 Act.
SECTION 36. (1) Section 4 of this 2008 Act and the amendments
to ORS 807.130 by section 15 of this 2008 Act become
operative January 1, 2010.
(2) The Department of
Transportation may adopt rules or take any action before the operative date
specified in subsection (1) of this section necessary to enable the department
to exercise, on or after the operative date specified in subsection (1) of this
section, all the duties, functions and powers conferred on the department by
section 4 of this 2008 Act and the amendments to ORS 807.130 by section 15 of
this 2008 Act.
SECTION 37. This 2008 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2008 Act takes effect on its passage.
Approved by the Governor February 15, 2008
Filed in the office of Secretary of State February 15, 2008
Effective date February 15, 2008
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