75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3806
 
                         House Bill 3494
 
Sponsored by Representative THATCHER (at the request of Craig Cox
  in memory of Judy Cox)
 
 
                             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 court to prohibit person from purchasing alcoholic
liquor for certain amount of time if person is convicted at least
two times of driving while under influence of intoxicants.
  Requires driver license or identification card reissued by
Department of Transportation to indicate that person may not
purchase alcoholic liquor if person is convicted at least two
times of driving while under influence of intoxicants.
  Directs Oregon Liquor Control Commission to cancel or suspend
license of licensee who knowingly sells alcoholic liquor to
person prohibited from purchasing alcoholic liquor.
  Provides that person commits violation if person is prohibited
from purchasing alcoholic liquor and person attempts to purchase,
purchases or acquires alcoholic beverage. Punishes violation by
maximum fine of $360.
  Establishes Alcohol Restriction Fund and continuously
appropriates moneys in fund to Department of Transportation to
pay expenses of department that are incurred in producing driver
licenses and identification cards that indicate that person may
not purchase alcoholic liquor.
 
                        A BILL FOR AN ACT
Relating to alcoholic liquor; creating new provisions; amending
  ORS 471.105, 471.315, 807.110 and 807.400; and appropriating
  money.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this 2009 Act are added to
and made a part of the  + }  { +  Oregon Vehicle Code. + }
  SECTION 2.  { + (1) If a person is convicted at least two times
of driving while under the influence of intoxicants in violation
of ORS 813.010, the court shall order that the person may not
purchase alcoholic liquor for a period of three years from the
date of the most recent conviction and that the Department of
Transportation shall indicate on the person's driver license or
identification card that the person may not purchase alcoholic
liquor.
  (2) When a court orders the Department of Transportation to
indicate on a person's driver license or identification card that
the person may not purchase alcoholic liquor, the court shall
send a copy of the order to the department. + }
 
  SECTION 3.  { + (1) Upon receiving an order of the court under
section 2 of this 2009 Act, the Department of Transportation
shall cancel the person's driver license or identification card.
The person shall surrender to the department any driver license
or identification card canceled under this subsection.
  (2) The department may reissue a driver license or
identification card canceled under subsection (1) of this section
when the applicant has satisfied all requirements for the driver
license or identification card and has signed a statement in
substantially the following form: + }
 
________________________________________________________________
 
   { +  I acknowledge that I may not purchase alcoholic liquor in
the State of Oregon. + }
 
________________________________________________________________
 
   { +  (3) In addition to any other fee for reissuance of a
driver license under this section, the department shall impose a
surcharge determined by the department in an amount sufficient to
cover the cost of providing a driver license under this section.
  (4) In addition to any other fee for reissuance of an
identification card under this section, the department shall
impose a surcharge determined by the department in an amount
sufficient to cover the cost of providing an identification card
under this section.
  (5) The reissued driver license or identification card must
indicate that the person may not purchase alcoholic liquor, as
determined by the department by rule, and the date on which the
restriction on purchasing alcoholic liquor expires.
  (6) The restriction on purchasing alcoholic liquor expires
three years from the date of the most recent conviction described
in section 2 of this 2009 Act. + }
  SECTION 4. ORS 807.110, as amended by section 13, chapter 1,
Oregon Laws 2008, 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 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.
  (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.
  (f) Upon request of the person to whom the license is issued,
the fact that the person is an anatomical donor.
  (g) Upon order of the juvenile court, the fact that the person
to whom the license is issued is an emancipated minor.
  (h) Except as otherwise provided in subsection (2) of this
section, a photograph described in this paragraph. 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.
 
  (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.
   { +  (k) Upon order of the court, the fact that the person to
whom the license is issued may not purchase alcoholic liquor and
the date on which the restriction on purchasing alcoholic liquor
expires. + }
  (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,
chapter 1, Oregon Laws 2008, shall indicate:
  (a) That it is a limited term driver license; and
  (b) The date on which the limited term driver license expires.
  (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 5. ORS 807.400, as amended by section 22, chapter 1,
Oregon Laws 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, chapter 1, Oregon Laws
2008, 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;
  (c) Does not have a current, valid driver license;
  (d) Furnishes evidence of the person's full legal name, age and
identity as the department may require; and
  (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 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)(e).
  (5) If the identification card is a limited term identification
card issued under section 4, chapter 1, Oregon Laws 2008, 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.
  (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.
   { +  (7) Upon order of the court, the fact that the person to
whom the license is issued may not purchase alcoholic liquor and
the date on which the restriction on purchasing alcoholic liquor
expires. + }
    { - (7) - }  { +  (8) + } Each original identification card
shall expire on a date consistent with the expiration dates of
licenses as set forth in ORS 807.130.
    { - (8) - }  { +  (9) + } Identification cards shall be
renewed under the terms for renewal of licenses as set forth in
ORS 807.150.
    { - (9) - }  { +  (10) + } The fee for an original
identification card or a renewal thereof shall be the fee
established under ORS 807.410.
    { - (10) - }  { +  (11) + } 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.
    { - (11) - }  { +  (12) + } 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   { - (13) - }  { +  (14) + } 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.
    { - (12) - }  { +  (13) + } An identification card becomes
invalid if the holder of the card changes the 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.
    { - (13) - }  { +  (14) + } In the event that, for a reason
identified by the department by rule, a person needs a
replacement identification card that bears a 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.
    { - (14) - }  { +  (15) + } The department may establish by
rule reasons for issuing replacement identification cards that
are in addition to the reasons identified in subsections
 { - (11) to (13) - }  { +  (12) to (14) + } of this section. The
fee for a replacement identification card is provided under ORS
807.410.
 
    { - (15) - }  { +  (16) + } 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.
    { - (16) - }  { +  (17) + } 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 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 for any of the following reasons:
  (a) The person voluntarily surrenders 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 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 6. ORS 471.105 is amended to read:
  471.105. Before being qualified to purchase alcoholic liquor
from the Oregon Liquor Control Commission, a person must be at
least 21 years of age { +  and must have identification as
required by ORS 471.130 that does not indicate that the person
may not purchase alcoholic liquor + }.
  SECTION 7. ORS 471.315 is amended to read:
  471.315. (1) The Oregon Liquor Control Commission may cancel or
suspend any license issued under this chapter, or impose a civil
penalty in lieu of or in addition to suspension as provided by
ORS 471.322, if it finds or has reasonable ground to believe any
of the following to be true:
  (a) That the licensee:
  (A) Has violated any provision of this chapter or ORS 474.115
or any rule of the commission adopted pursuant thereto.
  (B) Has made any false representation or statement to the
commission in order to induce or prevent action by the
commission.
  (C) Is not maintaining an acceptable bond as required by ORS
471.311 or is not maintaining the insurance or bond required by
ORS 471.168.
  (D) Has maintained an insanitary establishment.
  (E) Is insolvent or incompetent or physically unable to carry
on the management of the establishment of the licensee.
  (F) Is in the habit of using alcoholic liquor, habit-forming
drugs or controlled substances to excess.
  (G) Knowingly has sold alcoholic liquor to persons under 21
years of age { + , to persons issued an identification card or
driver license indicating that the person is not allowed to
purchase alcoholic liquor + } or to persons visibly intoxicated
at the time of sale { + , + } or has knowingly allowed the
consumption of alcoholic liquor on the licensed premises by a
person who is visibly intoxicated at the time of consumption.
  (H) Has misrepresented to a customer or the public any
alcoholic liquor sold by the licensee.
  (I) Since the granting of the license, has been convicted of a
felony, of violating any of the liquor laws of this state,
general or local, or of any misdemeanor or violation of any
municipal ordinance committed on the licensed premises.
  (b) That any person licensed to sell at retail for consumption
on the premises is acting as an agent of, or is a manufacturer or
wholesaler of alcoholic liquors, or has borrowed money or
property, or has accepted gratuities or rebates, or has obtained
the use of equipment from any manufacturer or wholesaler of
alcoholic liquor or any agent thereof.
  (c) That there is a history of serious and persistent problems
involving disturbances, lewd or unlawful activities or noise
either in the premises or involving patrons of the establishment
in the immediate vicinity of the premises if the activities in
the immediate vicinity of the premises are related to the sale or
service of alcohol under the exercise of the license privilege.
Behavior which is grounds for cancellation or suspension of a
license under this section, where so related to the sale or
service of alcohol, includes, but is not limited to obtrusive or
excessive noise, music or sound vibrations; public drunkenness;
fights; altercations; harassment or unlawful drug sales; alcohol
or related litter; trespassing on private property; and public
urination. Mitigating factors include a showing by the licensee
that the problems are not serious or persistent or that the
licensee has demonstrated a willingness and ability to control
adequately the licensed premises and patrons' behavior in the
immediate vicinity of the premises which is related to the
licensee's sale or service of alcohol under the licensee's
exercise of the license privilege.
  (d) That there is any other reason which, in the opinion of the
commission, based on public convenience or necessity, warrants
canceling or suspending such license.
  (2) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
  SECTION 8.  { + Section 9 of this 2009 Act is added to and made
a part of ORS chapter 471. + }
  SECTION 9.  { + (1) A person who is prohibited by a court from
purchasing alcoholic liquor under section 2 of this 2009 Act may
not attempt to purchase, purchase or acquire alcoholic beverages.
  (2) A person who violates subsection (1) of this section
commits a Class B violation. + }
  SECTION 10.  { + (1) The Alcohol Restriction Fund is
established in the State Treasury, separate and distinct from the
General Fund. Interest earned by the Alcohol Restriction Fund
shall be credited to the fund. Moneys in the fund are
continuously appropriated to the Department of Transportation to
pay expenses of the department that are incurred in producing
driver licenses and identification cards that indicate that a
person may not purchase alcoholic liquor.
  (2) The fund shall consist of:
  (a) The surcharges collected under section 3 of this 2009 Act;
  (b) Private funding resources;
  (c) Grant moneys; and
  (d) Any moneys appropriated to the fund by the Legislative
Assembly.
  (3) The department shall seek federal and other grant funds and
other sources of moneys to offset the expenses of the department
in providing driver licenses and identification cards that
indicate that a person may not purchase alcoholic liquor. + }
  SECTION 11.  { + Sections 2, 3 and 9 of this 2009 Act and the
amendments to ORS 471.105, 471.315, 807.110 and 807.400 by
sections 4 to 7 of this 2009 Act become operative January 2,
2011. + }
  SECTION 12.  { + Sections 2, 3 and 9 of this 2009 Act and the
amendments to ORS 471.105, 471.315, 807.110 and 807.400 by
sections 4 to 7 of this 2009 Act apply to persons who have been
convicted at least two times of violating ORS 813.010 on or after
the operative date of this 2009 Act. + }
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