76th OREGON LEGISLATIVE ASSEMBLY--2011 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 213
Senate Bill 845
Sponsored by Senator SHIELDS, Representative CANNON;
Representatives JENSON, KOTEK
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.
Requires Department of Transportation to issue driver license
or driver permit to applicant who has complied with all
requirements for license or permit but does not provide proof of
legal presence in United States.
Provides that person who does not provide proof of legal
presence in United States may only use driver license or driver
permit as evidence of grant of driving privileges. Provides
exceptions. Directs department to indicate on driver license or
driver permit that license or permit may only be used for limited
purposes.
Prohibits police officer from discriminating against individual
who holds driver license or driver permit that states that it may
only be used for limited purposes.
A BILL FOR AN ACT
Relating to documents issued by the Department of Transportation;
creating new provisions; and amending ORS 97.953, 127.860,
144.102, 144.270, 165.107, 166.291, 166.412, 194.515, 247.019,
462.195, 471.130, 471.186, 471.242, 471.282, 471.478, 480.235,
609.510, 646A.210, 697.520, 723.152, 801.250, 807.021, 807.040,
807.050, 807.110, 807.130, 807.310 and 807.750.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2011 Act are added to
and made a part of the Oregon Vehicle Code. + }
SECTION 2. { + (1) The Department of Transportation shall
issue a driver license or driver permit described in subsection
(2) of this section to an applicant who has complied with all the
requirements for an application for a driver license or driver
permit except that the applicant does not provide proof of legal
presence in the United States.
(2) Except as provided in subsection (3) of this section, a
driver license or driver permit issued to an applicant who does
not provide proof of legal presence in the United States may only
be used as evidence of a grant of driving privileges.
(3) A driver license or driver permit issued under this section
may be used for the purpose of:
(a) Identifying the person as an anatomical donor.
(b) Identifying the person as an emancipated minor.
(c) Identifying the person as a veteran.
(d) Providing a driver license number as required under ORS
18.042, 18.170 and 25.020.
(e) Providing a driver license number to aid a law enforcement
agency in identifying a missing person under ORS 146.181. + }
SECTION 3. { + A police officer may not discriminate against
an individual who holds a driver license or driver permit issued
under section 2 of this 2011 Act. + }
SECTION 4. ORS 807.021 is amended to read:
807.021. (1) Except as provided in ORS 807.310 (5) and 807.405
(4) { + and section 2 of this 2011 Act + }, 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 United
States by submitting valid documentation, as defined by the
department by rule, that the person is a citizen or permanent
legal resident of the United States or is otherwise legally
present in the United States in accordance with federal
immigration laws.
(b) A 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 United States Social Security
Administration.
(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 United
States Social Security Administration.
(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 United States.
SECTION 5. 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 ORS 807.021 and 807.730 - } { +
Except as provided in section 2 of this 2011 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 { + as described in ORS 807.021 + }.
(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.
(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.
(e) The person must successfully pass all examination
requirements under ORS 807.070 for the class of license sought.
(f) The person must pay the appropriate license fee under ORS
807.370 for the class of license sought.
(g) The person must pay the Student Driver Training Fund
eligibility fee.
(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.
(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.
(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 6. 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 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. { + The department may
accept a written statement from an individual who has not been
issued a Social Security number by the United States Social
Security Administration to fulfill the requirement of this
subsection. + }
(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 7. ORS 807.110, as amended by section 1, chapter 61,
Oregon Laws 2010, 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 request of the person to whom the license is issued
and presentation of proof, as determined by the department, the
fact that the person is a veteran, as defined in ORS 408.225.
(h) Upon order of the juvenile court, the fact that the person
to whom the license is issued is an emancipated minor.
{ + (i) The fact that a license issued under section 2 of
this 2011 Act may only be used for limited purposes. + }
{ - (i) - } { + (j) + } 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.
{ - (j) - } { + (k) + } 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.
{ - (k) - } { + (L) + } The signature of the person to whom
the license 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 ORS 807.730
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 8. ORS 807.130 is amended to read:
807.130. (1) 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
{ + limited term driver + } license that is issued { + under
ORS 807.730 + } 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 ORS 807.021 and 807.730, 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.
(4) A license that has expired does not grant driving
privileges and is not valid evidence of driving privileges.
SECTION 9. 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 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 may not exceed an additional 30 days.
(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 ORS 807.021 and 807.730, 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.
(8) The department may not charge a fee for issuance of an
applicant temporary driver permit under this section.
SECTION 10. 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 807.021, 807.040, 807.200, 807.280 or 807.730 { + or section
2 of this 2011 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
United States, a state or a subdivision of a state.
(14) 'Identification card' means the card issued under ORS
807.021, 807.400 or 807.730, 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 United States, the District
of Columbia, Puerto Rico, the United States Virgin Islands or any
territory or insular possession subject to the jurisdiction of
the United States.
(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 11. ORS 127.860 is amended to read:
127.860. s3.10. Residency requirement. Only requests made by
Oregon residents under ORS 127.800 to 127.897 shall be granted.
Factors demonstrating Oregon residency include but are not
limited to:
(1) Possession of an Oregon driver license { + , except that a
driver license issued under section 2 of this 2011 Act may not be
used to establish residency + };
(2) Registration to vote in Oregon;
(3) Evidence that the person owns or leases property in Oregon;
or
(4) Filing of an Oregon tax return for the most recent tax
year.
SECTION 12. ORS 144.102 is amended to read:
144.102. (1) The State Board of Parole and Post-Prison
Supervision or local supervisory authority responsible for
correctional services for a person shall specify in writing the
conditions of post-prison supervision imposed under ORS 144.096.
A copy of the conditions shall be given to the person upon
release from prison or jail.
(2) The board or the supervisory authority shall determine, and
may at any time modify, the conditions of post-prison
supervision, which may include, among other conditions, that the
person shall:
(a) Comply with the conditions of post-prison supervision as
specified by the board or supervisory authority.
(b) Be under the supervision of the Department of Corrections
and its representatives or other supervisory authority and abide
by their direction and counsel.
(c) Answer all reasonable inquiries of the board, the
department or the supervisory authority.
(d) Report to the parole officer as directed by the board, the
department or the supervisory authority.
(e) Not own, possess or be in control of any weapon.
(f) Respect and obey all municipal, county, state and federal
laws.
(g) Understand that the board or supervisory authority may, at
its discretion, punish violations of post-prison supervision.
(h) Attend a victim impact treatment session in a county that
has a victim impact program. If the board or supervisory
authority requires attendance under this paragraph, the board or
supervisory authority may require the person, as an additional
condition of post-prison supervision, to pay a reasonable fee to
the victim impact program to offset the cost of the person's
participation. The board or supervisory authority may not order
a person to pay a fee in excess of $5 under this paragraph.
(i) If required to report as a sex offender under ORS 181.595,
report with the Department of State Police, a city police
department, a county sheriff's office or the supervising agency:
(A) When supervision begins;
(B) Within 10 days of a change in residence;
(C) Once each year within 10 days of the person's date of
birth;
(D) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
(E) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
(3)(a) The board or supervisory authority may establish special
conditions as the board or supervisory authority determines
necessary because of the individual circumstances of the person
on post-prison supervision.
(b) If the person is on post-prison supervision following
conviction of a sex crime, as defined in ORS 181.594, the board
or supervisory authority shall include all of the following as
special conditions of the person's post-prison supervision:
(A) Agreement to comply with any curfew set by the board, the
supervisory authority or the supervising officer.
(B) A prohibition against contacting a person under 18 years of
age without the prior written approval of the board, supervisory
authority or supervising officer.
(C) A prohibition against being present more than one time,
without the prior written approval of the board, supervisory
authority or supervising officer, at a place where persons under
18 years of age regularly congregate.
(D) In addition to the prohibition under subparagraph (C) of
this paragraph, a prohibition against being present, without the
prior written approval of the board, supervisory authority or
supervising officer, at, or on property adjacent to, a school,
child care center, playground or other place intended for use
primarily by persons under 18 years of age.
(E) A prohibition against working or volunteering at a school,
child care center, park, playground or other place where persons
under 18 years of age regularly congregate.
(F) Entry into and completion of or successful discharge from a
sex offender treatment program approved by the board, supervisory
authority or supervising officer. The program may include
polygraph and plethysmograph testing. The person is responsible
for paying for the treatment program.
(G) A prohibition against any contact with the victim, directly
or indirectly, unless approved by the victim, the person's
treatment provider and the board, supervisory authority or
supervising officer.
(H) Unless otherwise indicated for the treatment required under
subparagraph (F) of this paragraph, a prohibition against
viewing, listening to, owning or possessing any sexually
stimulating visual or auditory materials that are relevant to the
person's deviant behavior.
(I) Agreement to consent to a search of the person or the
vehicle or residence of the person upon the request of a
representative of the board or supervisory authority if the
representative has reasonable grounds to believe that evidence of
a violation of a condition of post-prison supervision will be
found.
(J) Participation in random polygraph examinations to obtain
information for risk management and treatment. The person is
responsible for paying the expenses of the examinations. The
results of a polygraph examination under this subparagraph may
not be used in evidence in a hearing to prove a violation of
post-prison supervision.
(K) Maintenance of a driving log and a prohibition against
driving a motor vehicle alone unless approved by the board,
supervisory authority or supervising officer.
(L) A prohibition against using a post-office box unless
approved by the board, supervisory authority or supervising
officer.
(M) A prohibition against residing in any dwelling in which
another sex offender who is on probation, parole or post-prison
supervision resides unless approved by the board, supervisory
authority or supervising officer, or in which more than one other
sex offender who is on probation, parole or post-prison
supervision resides unless approved by the board or the director
of the supervisory authority, or a designee of the board or
director. As soon as practicable, the supervising officer of a
person subject to the requirements of this subparagraph shall
review the person's living arrangement with the person's sex
offender treatment provider to ensure that the arrangement
supports the goals of offender rehabilitation and community
safety. As used in this subparagraph:
(i) 'Dwelling' has the meaning given that term in ORS 469.160.
(ii) 'Dwelling' does not include a residential treatment
facility or a halfway house.
(iii) 'Halfway house' means a publicly or privately operated
profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(c)(A) If the person is on post-prison supervision following
conviction of a sex crime, as defined in ORS 181.594, or an
assault, as defined in ORS 163.175 or 163.185, and the victim was
under 18 years of age, the board or supervisory authority, if
requested by the victim, shall include as a special condition of
the person's post-prison supervision that the person not reside
within three miles of the victim unless:
(i) The victim resides in a county having a population of less
than 130,000 and the person is required to reside in that county
under subsection (6) of this section;
(ii) The person demonstrates to the board or supervisory
authority by a preponderance of the evidence that no mental
intimidation or pressure was brought to bear during the
commission of the crime;
(iii) The person demonstrates to the board or supervisory
authority by a preponderance of the evidence that imposition of
the condition will deprive the person of a residence that would
be materially significant in aiding in the rehabilitation of the
person or in the success of the post-prison supervision; or
(iv) The person resides in a halfway house. As used in this
sub-subparagraph, 'halfway house' means a publicly or privately
operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(B) A victim may request imposition of the special condition of
post-prison supervision described in this paragraph at the time
of sentencing in person or through the prosecuting attorney. A
victim's request may be included in the judgment document.
(C) If the board or supervisory authority imposes the special
condition of post-prison supervision described in this paragraph
and if at any time during the period of post-prison supervision
the victim moves to within three miles of the person's residence,
the board or supervisory authority may not require the person to
change the person's residence in order to comply with the special
condition of post-prison supervision.
(4)(a) The board or supervisory authority may require the
person to pay, as a condition of post-prison supervision, any
compensatory fines, restitution or attorney fees:
(A) As determined, imposed or required by the sentencing court;
or
(B) When previously required as a condition of any type of
supervision that is later revoked.
(b) The board may require a person to pay restitution as a
condition of post-prison supervision imposed for an offense other
than the offense for which the restitution was ordered if the
person:
(A) Was ordered to pay restitution as a result of another
conviction; and
(B) Has not fully paid the restitution by the time the person
has completed the period of post-prison supervision imposed for
the offense for which the restitution was ordered.
(5) A person's failure to apply for or accept employment at any
workplace where there is a labor dispute in progress does not
constitute a violation of the conditions of post-prison
supervision. As used in this subsection, 'labor dispute' has the
meaning given that term in ORS 662.010.
(6)(a) When a person is released from imprisonment on
post-prison supervision, the board shall order, as a condition of
post-prison supervision, that the person reside for the first six
months after release in the county where the person resided at
the time of the offense that resulted in the imprisonment.
(b) Upon motion of the board, the person, a victim or a
district attorney, the board may waive the residency requirement
only after making a finding that one of the following conditions
has been met:
(A) The person provides proof of employment with no set ending
date in a county other than the established county of residence;
(B) The person is found to pose a significant danger to a
victim of the person's crime, or a victim or victim's family is
found to pose a significant danger to the person residing in the
established county of residence;
(C) The person has a spouse or biological or adoptive family
residing in a county other than the established county of
residence who will be materially significant in aiding in the
rehabilitation of the person and in the success of the
post-prison supervision;
(D) As another condition of post-prison supervision, the person
is required to participate in a treatment program that is not
available in the established county of residence;
(E) The person desires to be released to another state; or
(F) The board finds other good cause, of a nature similar to
the other conditions listed in this paragraph, for the waiver.
(c)(A) The board shall determine the county where the person
resided at the time of the offense by establishing the person's
last address at the time of the offense. In making its
determination, the board shall examine all of the following:
(i) An Oregon driver license, regardless of its validity { + ,
except that a driver license issued under section 2 of this 2011
Act may not be used + };
(ii) Records maintained by the Department of Revenue;
(iii) Records maintained by the Department of State Police
bureau of criminal identification;
(iv) Records maintained by the Department of Human Services;
(v) Records maintained by the Department of Corrections; and
(vi) Records maintained by the Oregon Health Authority.
(B) When the person did not have an identifiable address of
record at the time of the offense, the person is considered to
have resided in the county where the offense occurred.
(C) If the person is serving multiple sentences, the county of
residence shall be determined according to the date of the last
arrest resulting in a conviction.
(D) In determining the person's county of residence for
purposes of this subsection, the board may not consider offenses
committed by the person while the person was incarcerated in a
Department of Corrections facility.
(7) As used in this section, 'attends,' 'institution of higher
education,' 'works' and 'carries on a vocation' have the meanings
given those terms in ORS 181.594.
SECTION 13. ORS 144.270 is amended to read:
144.270. (1) The State Board of Parole and Post-Prison
Supervision, in releasing a person on parole, shall specify in
writing the conditions of the parole and a copy of such
conditions shall be given to the person paroled.
(2) The board shall determine, and may at any time modify, the
conditions of parole, which may include, among other conditions,
that the parolee shall:
(a) Accept the parole granted subject to all terms and
conditions specified by the board.
(b) Be under the supervision of the Department of Corrections
and its representatives and abide by their direction and counsel.
(c) Answer all reasonable inquiries of the board or the parole
officer.
(d) Report to the parole officer as directed by the board or
parole officer.
(e) Not own, possess or be in control of any weapon.
(f) Respect and obey all municipal, county, state and federal
laws.
(g) Understand that the board may, in its discretion, suspend
or revoke parole if it determines that the parole is not in the
best interest of the parolee, or in the best interest of society.
(3)(a) The board may establish such special conditions as it
determines are necessary because of the individual circumstances
of the parolee.
(b) If the person is on parole following conviction of a sex
crime, as defined in ORS 181.594, the board shall include all of
the following as special conditions of the person's parole:
(A) Agreement to comply with any curfew set by the board or the
supervising officer.
(B) A prohibition against contacting a person under 18 years of
age without the prior written approval of the board or
supervising officer.
(C) A prohibition against being present more than one time,
without the prior written approval of the board or supervising
officer, at a place where persons under 18 years of age regularly
congregate.
(D) In addition to the prohibition under subparagraph (C) of
this paragraph, a prohibition against being present, without the
prior written approval of the board or supervising officer, at,
or on property adjacent to, a school, child care center,
playground or other place intended for use primarily by persons
under 18 years of age.
(E) A prohibition against working or volunteering at a school,
child care center, park, playground or other place where persons
under 18 years of age regularly congregate.
(F) Entry into and completion of or successful discharge from a
sex offender treatment program approved by the board or
supervising officer. The program may include polygraph and
plethysmograph testing. The person is responsible for paying for
the treatment program.
(G) A prohibition against any contact with the victim, directly
or indirectly, unless approved by the victim, the person's
treatment provider and the board or supervising officer.
(H) Unless otherwise indicated for the treatment required under
subparagraph (F) of this paragraph, a prohibition against
viewing, listening to, owning or possessing any sexually
stimulating visual or auditory materials that are relevant to the
person's deviant behavior.
(I) Agreement to consent to a search of the person or the
vehicle or residence of the person upon the request of a
representative of the board if the representative has reasonable
grounds to believe that evidence of a violation of a condition of
parole will be found.
(J) Participation in random polygraph examinations to obtain
information for risk management and treatment. The person is
responsible for paying the expenses of the examinations. The
results of a polygraph examination under this subparagraph may
not be used in evidence in a hearing to prove a violation of
parole.
(K) Maintenance of a driving log and a prohibition against
driving a motor vehicle alone unless approved by the board or
supervising officer.
(L) A prohibition against using a post-office box unless
approved by the board or supervising officer.
(M) A prohibition against residing in any dwelling in which
another sex offender who is on probation, parole or post-prison
supervision resides unless approved by the board or supervising
officer, or in which more than one other sex offender who is on
probation, parole or post-prison supervision resides unless
approved by the board or a designee of the board. As soon as
practicable, the supervising officer of a person subject to the
requirements of this subparagraph shall review the person's
living arrangement with the person's sex offender treatment
provider to ensure that the arrangement supports the goals of
offender rehabilitation and community safety. As used in this
subparagraph:
(i) 'Dwelling' has the meaning given that term in ORS 469.160.
(ii) 'Dwelling' does not include a residential treatment
facility or a halfway house.
(iii) 'Halfway house' means a publicly or privately operated
profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(c)(A) If the person is on parole following conviction of a sex
crime, as defined in ORS 181.594, or an assault, as defined in
ORS 163.175 or 163.185, and the victim was under 18 years of age,
the board, if requested by the victim, shall include as a special
condition of the person's parole that the person not reside
within three miles of the victim unless:
(i) The victim resides in a county having a population of less
than 130,000 and the person is required to reside in that county
under subsection (5) of this section;
(ii) The person demonstrates to the board by a preponderance of
the evidence that no mental intimidation or pressure was brought
to bear during the commission of the crime;
(iii) The person demonstrates to the board by a preponderance
of the evidence that imposition of the condition will deprive the
person of a residence that would be materially significant in
aiding in the rehabilitation of the person or in the success of
the parole; or
(iv) The person resides in a halfway house. As used in this
sub-subparagraph, 'halfway house' means a publicly or privately
operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(B) A victim may request imposition of the special condition of
parole described in this paragraph at the time of sentencing in
person or through the prosecuting attorney. A victim's request
may be included in the judgment document.
(C) If the board imposes the special condition of parole
described in this paragraph and if at any time during the period
of parole the victim moves to within three miles of the parolee's
residence, the board may not require the parolee to change the
parolee's residence in order to comply with the special condition
of parole.
(4) It is not a cause for revocation of parole that the parolee
failed to apply for or accept employment at any workplace where
there is a labor dispute in progress. As used in this subsection,
'labor dispute' has the meaning given that term in ORS 662.010.
(5)(a) When the board grants an inmate parole from the custody
of the Department of Corrections, the board shall order, as a
condition of parole, that the inmate reside for the first six
months in the county where the inmate resided at the time of the
offense that resulted in the imprisonment.
(b) Upon motion of the board, an inmate, a victim or a district
attorney, the board may waive the residency requirement only
after making a finding that one of the following conditions has
been met:
(A) The inmate provides proof of a job with no set ending date
in a county other than the established county of residence;
(B) The inmate is found to pose a significant danger to the
victim of the offender's crime, or the victim or victim's family
is found to pose a significant danger to the inmate residing in
the county of residence;
(C) The inmate has a spouse or biological or adoptive family
residing in other than the county of residence who will be
materially significant in aiding in the rehabilitation of the
offender and in the success of the parole;
(D) As another condition of parole, the inmate is required to
participate in a treatment program that is not available or
located in the county of residence;
(E) The inmate desires to be paroled to another state; or
(F) The board finds other good cause, of a nature similar to
the other conditions listed in this paragraph, for the waiver.
(c)(A) For purposes of this subsection, 'residency' means the
last address at the time of the offense, as established by an
examination of all of the following:
(i) An Oregon driver license, regardless of its validity { + ,
except that a driver license issued under section 2 of this 2011
Act may not be used + };
(ii) Records maintained by the Department of Revenue;
(iii) Records maintained by the Department of State Police
bureau of criminal identification;
(iv) Records maintained by the Department of Human Services;
(v) Records maintained by the Department of Corrections; and
(vi) Records maintained by the Oregon Health Authority.
(B) When an inmate did not have one identifiable address of
record at the time of the offense, the inmate shall be considered
to have resided in the county where the offense occurred.
(C) If the inmate is serving multiple sentences, the county of
residence shall be determined according to the date of the last
arrest resulting in a conviction.
(D) If the inmate is being rereleased after revocation of
parole, the county of residence shall be determined according to
the date of the arrest resulting in a conviction of the
underlying offense.
(E) In determining the inmate's county of residence, a
conviction for an offense that the inmate committed while
incarcerated in a state corrections institution may not be
considered.
(6) When the board grants an inmate parole from the custody of
the Department of Corrections and if the inmate is required to
report as a sex offender under ORS 181.595, the board, as a
condition of parole, shall order the inmate to report with the
Department of State Police, a city police department, a county
sheriff's office or the supervising agency:
(a) When supervision begins;
(b) Within 10 days of a change in residence;
(c) Once each year within 10 days of the inmate's date of
birth;
(d) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
(e) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
(7) As used in this section, 'attends,' 'institution of higher
education,' 'works' and 'carries on a vocation' have the meanings
given those terms in ORS 181.594.
SECTION 14. ORS 165.107, as amended by section 5, chapter 56,
Oregon Laws 2010, is amended to read:
165.107. (1) Before completing a transaction, a scrap metal
business engaged in business in this state shall:
(a) Create a metal property record for the transaction at the
time and in the location where the transaction occurs. The record
must:
(A) Be accurate and written clearly and legibly in English;
(B) Be entered onto a standardized printed form or an
electronic form that is securely stored and is capable of ready
retrieval and printing; and
(C) Contain all of the following information:
(i) The signature of the individual with whom the scrap metal
business conducts the transaction.
(ii) The time, date, location and monetary amount or other
value of the transaction.
(iii) The name of the employee who conducts the transaction on
behalf of the scrap metal business.
(iv) The name, street address and telephone number of the
individual with whom the scrap metal business conducts the
transaction. The metal property record may contain an address
other than a street address if the address is listed on the
government-issued photo identification described in
sub-subparagraph (vi) of this subparagraph.
(v) A description of, and the license number and issuing state
shown on the license plate affixed to, the motor vehicle, if any,
used to transport the individual who conducts, or the nonferrous
metal property or private metal property that is the subject of,
the transaction.
(vi) { + Subject to subsection (8) of this section, + } a
photocopy of a current, valid driver license or other
government-issued photo identification belonging to the
individual with whom the scrap metal business conducts the
transaction.
(vii) A photograph of, or video surveillance recording
depicting, a recognizable facial image of the individual with
whom the scrap metal business conducts the transaction.
(viii) A general description of the nonferrous metal property
or private metal property that constitutes the predominant part
of the transaction. The description must include any identifiable
marks on the property, if readily discernible, and must specify
the weight, quantity or volume of the nonferrous metal property
or private metal property.
(b) Require the individual with whom the scrap metal business
conducts a transaction to sign and date a declaration printed in
conspicuous type, either on the record described in this
subsection or on a receipt issued to the individual with whom the
scrap metal business conducts the transaction, that states:
_________________________________________________________________
I, __________, AFFIRM UNDER PENALTY OF LAW THAT THE PROPERTY I AM
SELLING IN THIS TRANSACTION IS NOT, TO THE BEST OF MY KNOWLEDGE,
STOLEN PROPERTY.
_________________________________________________________________
(c) Require the employee of the scrap metal business who
conducts the transaction on behalf of the scrap metal business to
witness the individual sign the declaration, and also to sign and
date the declaration in a space provided for that purpose.
(d) For one year following the date of the transaction, keep a
copy of the record and the signed and dated declaration described
in this subsection. If the scrap metal business uses a video
surveillance recording as part of the record kept in accordance
with this subsection, the scrap metal business need not keep the
video surveillance recording for one year, but shall retain the
video surveillance recording for a minimum of 30 days following
the date of the transaction. The scrap metal business shall at
all times keep the copies at the current place of business for
the scrap metal business.
(2) A scrap metal business engaged in business in this state
may not do any of the following:
(a) Purchase or receive kegs or similar metallic containers
used to store or dispense alcoholic beverages, except from a
person that manufactures the kegs or containers or from a person
licensed by the Oregon Liquor Control Commission under ORS
471.155.
(b) Conduct a transaction with an individual if the individual
does not at the time of the transaction consent to the creation
of the record described in subsection (1) of this section and
produce for inspection a valid driver license or other
government-issued photo identification that belongs to the
individual.
(c) Conduct a transaction with an individual in which the scrap
metal business pays the individual other than by mailing a
nontransferable check for the amount of the transaction to the
address the individual provided under subsection (1)(a)(C)(iv) of
this section not earlier than three business days after the date
of the transaction. The check must be drawn on an account that
the scrap metal business maintains with a financial institution,
as defined in ORS 706.008.
(d) Cash a check issued in payment for a transaction or release
a check issued in payment for a transaction other than as
provided in paragraph (c) of this subsection. If a check is
returned as undelivered or undeliverable, the scrap metal
business shall retain the check until the individual with whom
the scrap metal business conducted the transaction provides a
valid address in accordance with subsection (1)(a)(C)(iv) of this
section. If after 30 days following the date of the transaction
the individual fails to provide a valid address, the scrap metal
business may cancel the check and the individual shall forfeit to
the scrap metal business the amount due as payment.
(3) Before purchasing or receiving metal property from a
commercial seller, a scrap metal business shall:
(a) Create and maintain a commercial account with the
commercial seller. As part of the commercial account, the scrap
metal business shall enter accurately, clearly and legibly in
English onto a standardized printed form, or an electronic form
that is securely stored and is capable of ready retrieval and
printing, the following information:
(A) The full name of the commercial seller;
(B) The business address and telephone number of the commercial
seller; and
(C) The full name of each employee, agent or other individual
the commercial seller authorizes to deliver metal property to the
scrap metal business.
(b) Record as part of the commercial account at the time the
scrap metal business purchases or receives metal property from a
commercial seller the following information:
(A) The time, date and location at which the commercial seller
delivered the metal property for purchase or receipt;
(B) The monetary amount or other value of the metal property;
(C) A description of the type of metal property that
constitutes the predominant part of the purchase or receipt; and
(D) The signature of the individual who delivered the metal
property to the scrap metal business.
(4) A scrap metal business may require an individual from whom
the business obtains metal property to provide the individual's
thumbprint to the scrap metal business.
(5) A scrap metal business shall make all records and accounts
required to be maintained under this section available to any
peace officer on demand.
(6)(a) A scrap metal business that violates a provision of
subsections (1) to (3) of this section shall pay a fine of
$1,000.
(b) Notwithstanding paragraph (a) of this subsection, a scrap
metal business that violates a provision of subsections (1) to
(3) of this section shall pay a fine of $5,000 if the scrap metal
business has at least three previous convictions for violations
of a provision of subsections (1) to (3) of this section.
(7) The definitions in ORS 165.116 apply to this section.
{ + (8) For the purposes of this section, a driver license or
driver permit issued under section 2 of this 2011 Act may not be
used for the purposes of identification. + }
SECTION 15. ORS 166.291, as amended by section 7, chapter 826,
Oregon Laws 2009, is amended to read:
166.291. (1) The sheriff of a county, upon a person's
application for an Oregon concealed handgun license, upon receipt
of the appropriate fees and after compliance with the procedures
set out in this section, shall issue the person a concealed
handgun license if the person:
(a)(A) Is a citizen of the United States; or
(B) Is a legal resident alien who can document continuous
residency in the county for at least six months and has declared
in writing to the United States Citizenship and Immigration
Services the intent to acquire citizenship status and can present
proof of the written declaration to the sheriff at the time of
application for the license;
(b) Is at least 21 years of age;
(c) Is a resident of the county;
(d) Has no outstanding warrants for arrest;
(e) Is not free on any form of pretrial release;
(f) Demonstrates competence with a handgun by any one of the
following:
(A) Completion of any hunter education or hunter safety course
approved by the State Department of Fish and Wildlife or a
similar agency of another state if handgun safety was a component
of the course;
(B) Completion of any National Rifle Association firearms
safety or training course if handgun safety was a component of
the course;
(C) Completion of any firearms safety or training course or
class available to the general public offered by law enforcement,
community college, or private or public institution or
organization or firearms training school utilizing instructors
certified by the National Rifle Association or a law enforcement
agency if handgun safety was a component of the course;
(D) Completion of any law enforcement firearms safety or
training course or class offered for security guards,
investigators, reserve law enforcement officers or any other law
enforcement officers if handgun safety was a component of the
course;
(E) Presents evidence of equivalent experience with a handgun
through participation in organized shooting competition or
military service;
(F) Is licensed or has been licensed to carry a firearm in this
state, unless the license has been revoked; or
(G) Completion of any firearms training or safety course or
class conducted by a firearms instructor certified by a law
enforcement agency or the National Rifle Association if handgun
safety was a component of the course;
(g) Has never been convicted of a felony or found guilty,
except for insanity under ORS 161.295, of a felony;
(h) Has not been convicted of a misdemeanor or found guilty,
except for insanity under ORS 161.295, of a misdemeanor within
the four years prior to the application;
(i) Has not been committed to the Oregon Health Authority under
ORS 426.130;
(j) Has not been found to be mentally ill and is not subject to
an order under ORS 426.130 that the person be prohibited from
purchasing or possessing a firearm as a result of that mental
illness;
(k) Has been discharged from the jurisdiction of the juvenile
court for more than four years if, while a minor, the person was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470;
(L) Has not been convicted of an offense involving controlled
substances or participated in a court-supervised drug diversion
program, except this disability does not operate to exclude a
person if:
(A) The person has been convicted only once of violating ORS
475.864 (3) and has not completed a court-supervised drug
diversion program under ORS 135.907; or
(B) The person has completed a court-supervised drug diversion
program under ORS 135.907 and has not been convicted of violating
ORS 475.864 (3);
(m) Is not subject to a citation issued under ORS 163.735 or an
order issued under ORS 30.866, 107.700 to 107.735 or 163.738;
(n) Has not received a dishonorable discharge from the Armed
Forces of the United States; and
(o) Is not required to register as a sex offender in any state.
(2) A person who has been granted relief under ORS 166.274 or
166.293 or section 5, chapter 826, Oregon Laws 2009, or 18 U.S.C.
925(c) or has had the person's record expunged under the laws of
this state or equivalent laws of other jurisdictions is not
subject to the disabilities in subsection (1)(g) to (L) of this
section.
(3) Before the sheriff may issue a license:
(a) The application must state the applicant's legal name,
current address and telephone number, date and place of birth,
hair and eye color and height and weight. The application must
also list the applicant's residence address or addresses for the
previous three years. The application must contain a statement by
the applicant that the applicant meets the requirements of
subsection (1) of this section. The application may include the
Social Security number of the applicant if the applicant
voluntarily provides this number. The application must be signed
by the applicant.
(b) The applicant must submit to fingerprinting and
photographing by the sheriff. The sheriff shall fingerprint and
photograph the applicant and shall conduct any investigation
necessary to corroborate the requirements listed under subsection
(1) of this section. If a nationwide criminal records check is
necessary, the sheriff shall request the Department of State
Police to conduct the check, including fingerprint
identification, through the Federal Bureau of Investigation. The
Federal Bureau of Investigation shall return the fingerprint
cards used to conduct the criminal records check and may not keep
any record of the fingerprints. The Department of State Police
shall report the results of the fingerprint-based criminal
records check to the sheriff. The Department of State Police
shall also furnish the sheriff with any information about the
applicant that the Department of State Police may have in its
possession from its central bureau of criminal identification
including, but not limited to, manual or computerized criminal
offender information.
(4) Application forms for concealed handgun licenses shall be
supplied by the sheriff upon request. The forms shall be uniform
throughout the state in substantially the following form:
_________________________________________________________________
APPLICATION FOR LICENSE TO CARRY
CONCEALED HANDGUN
Date_____
I hereby declare as follows:
I am a citizen of the United States or a legal resident alien
who can document continuous residency in the county for at least
six months and have declared in writing to the United States
Citizenship and Immigration Services my intention to become a
citizen and can present proof of the written declaration to the
sheriff at the time of this application. I am at least 21 years
of age. I have been discharged from the jurisdiction of the
juvenile court for more than four years if, while a minor, I was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470. I have never been convicted of a felony
or found guilty, except for insanity under ORS 161.295, of a
felony in the State of Oregon or elsewhere. I have not, within
the last four years, been convicted of a misdemeanor or found
guilty, except for insanity under ORS 161.295, of a misdemeanor.
Except as provided in ORS 166.291 (1)(L), I have not been
convicted of an offense involving controlled substances or
completed a court-supervised drug diversion program. There are no
outstanding warrants for my arrest and I am not free on any form
of pretrial release. I have not been committed to the Oregon
Health Authority under ORS 426.130, nor have I been found
mentally ill and presently subject to an order prohibiting me
from purchasing or possessing a firearm because of mental
illness. If any of the previous conditions do apply to me, I have
been granted relief or wish to petition for relief from the
disability under ORS 166.274 or 166.293 or section 5, chapter
826, Oregon Laws 2009, or 18 U.S.C. 925(c) or have had the
records expunged. I am not subject to a citation issued under ORS
163.735 or an order issued under ORS 30.866, 107.700 to 107.735
or 163.738. I have never received a dishonorable discharge from
the Armed Forces of the United States. I am not required to
register as a sex offender in any state. I understand I will be
fingerprinted and photographed.
Legal name ________
Age ____ Date of birth _____
Place of birth ________
Social Security number _______
(Disclosure of your Social Security account number is voluntary.
Solicitation of the number is authorized under ORS 166.291. It
will be used only as a means of identification.)
Proof of identification (Two pieces of current identification are
required, one of which must bear a photograph of the applicant.
{ + A driver license or driver permit issued under section 2 of
this 2011 Act may not be used as identification. + } The type of
identification and the number on the identification are to be
filled in by the sheriff.):
1.________
2.________
Height ___ Weight ___
Hair color ___ Eye color ___
Current address _____
(List residence addresses for the
past three years on the back.)
City ___ County ___ Zip ___
Phone ___
I have read the entire text of this application, and the
statements therein are correct and true. (Making false statements
on this application is a misdemeanor.)
__________
(Signature of Applicant)
Character references.
__________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name Address
__________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name Address
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Approved __ Disapproved __ by __
Competence with handgun demonstrated by ___ (to be filled in by
sheriff)
Date ___ Fee Paid ___
License No. ___
_________________________________________________________________
(5)(a) Fees for concealed handgun licenses are:
(A) $15 to the Department of State Police for conducting the
fingerprint check of the applicant.
(B) $50 to the sheriff for the issuance or renewal of a
concealed handgun license.
(C) $15 to the sheriff for the duplication of a license because
of loss or change of address.
(b) The sheriff may enter into an agreement with the Department
of Transportation to produce the concealed handgun license.
(6) No civil or criminal liability shall attach to the sheriff
or any authorized representative engaged in the receipt and
review of, or an investigation connected with, any application
for, or in the issuance, denial or revocation of, any license
under ORS 166.291 to 166.295 as a result of the lawful
performance of duties under those sections.
(7) Immediately upon acceptance of an application for a
concealed handgun license, the sheriff shall enter the
applicant's name into the Law Enforcement Data System indicating
that the person is an applicant for a concealed handgun license
or is a license holder.
(8) The county sheriff may waive the residency requirement in
subsection (1)(c) of this section for a resident of a contiguous
state who has a compelling business interest or other legitimate
demonstrated need.
(9) For purposes of subsection (1)(c) of this section, a person
is a resident of a county if the person:
(a) Has a current Oregon driver license issued to the person
showing a residence address in the county { + , except that a
driver license or driver permit issued under section 2 of this
2011 Act may not be used to establish residency + };
(b) Is registered to vote in the county and has a memorandum
card issued to the person under ORS 247.181 showing a residence
address in the county;
(c) Has documentation showing that the person currently leases
or owns real property in the county; or
(d) Has documentation showing that the person filed an Oregon
tax return for the most recent tax year showing a residence
address in the county.
SECTION 16. ORS 166.291, as amended by sections 7 and 10,
chapter 826, Oregon Laws 2009, is amended to read:
166.291. (1) The sheriff of a county, upon a person's
application for an Oregon concealed handgun license, upon receipt
of the appropriate fees and after compliance with the procedures
set out in this section, shall issue the person a concealed
handgun license if the person:
(a)(A) Is a citizen of the United States; or
(B) Is a legal resident alien who can document continuous
residency in the county for at least six months and has declared
in writing to the United States Citizenship and Immigration
Services the intent to acquire citizenship status and can present
proof of the written declaration to the sheriff at the time of
application for the license;
(b) Is at least 21 years of age;
(c) Is a resident of the county;
(d) Has no outstanding warrants for arrest;
(e) Is not free on any form of pretrial release;
(f) Demonstrates competence with a handgun by any one of the
following:
(A) Completion of any hunter education or hunter safety course
approved by the State Department of Fish and Wildlife or a
similar agency of another state if handgun safety was a component
of the course;
(B) Completion of any National Rifle Association firearms
safety or training course if handgun safety was a component of
the course;
(C) Completion of any firearms safety or training course or
class available to the general public offered by law enforcement,
community college, or private or public institution or
organization or firearms training school utilizing instructors
certified by the National Rifle Association or a law enforcement
agency if handgun safety was a component of the course;
(D) Completion of any law enforcement firearms safety or
training course or class offered for security guards,
investigators, reserve law enforcement officers or any other law
enforcement officers if handgun safety was a component of the
course;
(E) Presents evidence of equivalent experience with a handgun
through participation in organized shooting competition or
military service;
(F) Is licensed or has been licensed to carry a firearm in this
state, unless the license has been revoked; or
(G) Completion of any firearms training or safety course or
class conducted by a firearms instructor certified by a law
enforcement agency or the National Rifle Association if handgun
safety was a component of the course;
(g) Has never been convicted of a felony or found guilty,
except for insanity under ORS 161.295, of a felony;
(h) Has not been convicted of a misdemeanor or found guilty,
except for insanity under ORS 161.295, of a misdemeanor within
the four years prior to the application;
(i) Has not been committed to the Oregon Health Authority under
ORS 426.130;
(j) Has not been found to be mentally ill and is not subject to
an order under ORS 426.130 that the person be prohibited from
purchasing or possessing a firearm as a result of that mental
illness;
(k) Has been discharged from the jurisdiction of the juvenile
court for more than four years if, while a minor, the person was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470;
(L) Has not been convicted of an offense involving controlled
substances or participated in a court-supervised drug diversion
program, except this disability does not operate to exclude a
person if:
(A) The person has been convicted only once of violating ORS
475.864 (3) and has not completed a court-supervised drug
diversion program under ORS 135.907; or
(B) The person has completed a court-supervised drug diversion
program under ORS 135.907 and has not been convicted of violating
ORS 475.864 (3);
(m) Is not subject to a citation issued under ORS 163.735 or an
order issued under ORS 30.866, 107.700 to 107.735 or 163.738;
(n) Has not received a dishonorable discharge from the Armed
Forces of the United States; and
(o) Is not required to register as a sex offender in any state.
(2) A person who has been granted relief under ORS 166.274 or
166.293 or 18 U.S.C. 925(c) or has had the person's record
expunged under the laws of this state or equivalent laws of other
jurisdictions is not subject to the disabilities in subsection
(1)(g) to (L) of this section.
(3) Before the sheriff may issue a license:
(a) The application must state the applicant's legal name,
current address and telephone number, date and place of birth,
hair and eye color and height and weight. The application must
also list the applicant's residence address or addresses for the
previous three years. The application must contain a statement by
the applicant that the applicant meets the requirements of
subsection (1) of this section. The application may include the
Social Security number of the applicant if the applicant
voluntarily provides this number. The application must be signed
by the applicant.
(b) The applicant must submit to fingerprinting and
photographing by the sheriff. The sheriff shall fingerprint and
photograph the applicant and shall conduct any investigation
necessary to corroborate the requirements listed under subsection
(1) of this section. If a nationwide criminal records check is
necessary, the sheriff shall request the Department of State
Police to conduct the check, including fingerprint
identification, through the Federal Bureau of Investigation. The
Federal Bureau of Investigation shall return the fingerprint
cards used to conduct the criminal records check and may not keep
any record of the fingerprints. The Department of State Police
shall report the results of the fingerprint-based criminal
records check to the sheriff. The Department of State Police
shall also furnish the sheriff with any information about the
applicant that the Department of State Police may have in its
possession from its central bureau of criminal identification
including, but not limited to, manual or computerized criminal
offender information.
(4) Application forms for concealed handgun licenses shall be
supplied by the sheriff upon request. The forms shall be uniform
throughout the state in substantially the following form:
_________________________________________________________________
APPLICATION FOR LICENSE TO CARRY
CONCEALED HANDGUN
Date_____
I hereby declare as follows:
I am a citizen of the United States or a legal resident alien
who can document continuous residency in the county for at least
six months and have declared in writing to the United States
Citizenship and Immigration Services my intention to become a
citizen and can present proof of the written declaration to the
sheriff at the time of this application. I am at least 21 years
of age. I have been discharged from the jurisdiction of the
juvenile court for more than four years if, while a minor, I was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470. I have never been convicted of a felony
or found guilty, except for insanity under ORS 161.295, of a
felony in the State of Oregon or elsewhere. I have not, within
the last four years, been convicted of a misdemeanor or found
guilty, except for insanity under ORS 161.295, of a misdemeanor.
Except as provided in ORS 166.291 (1)(L), I have not been
convicted of an offense involving controlled substances or
completed a court-supervised drug diversion program. There are no
outstanding warrants for my arrest and I am not free on any form
of pretrial release. I have not been committed to the Oregon
Health Authority under ORS 426.130, nor have I been found
mentally ill and presently subject to an order prohibiting me
from purchasing or possessing a firearm because of mental
illness. If any of the previous conditions do apply to me, I have
been granted relief or wish to petition for relief from the
disability under ORS 166.274 or 166.293 or 18 U.S.C. 925(c) or
have had the records expunged. I am not subject to a citation
issued under ORS 163.735 or an order issued under ORS 30.866,
107.700 to 107.735 or 163.738. I have never received a
dishonorable discharge from the Armed Forces of the United
States. I am not required to register as a sex offender in any
state. I understand I will be fingerprinted and photographed.
Legal name ________
Age ____ Date of birth _____
Place of birth ________
Social Security number _______
(Disclosure of your Social Security account number is voluntary.
Solicitation of the number is authorized under ORS 166.291. It
will be used only as a means of identification.)
Proof of identification (Two pieces of current identification are
required, one of which must bear a photograph of the applicant.
{ + A driver license or driver permit issued under section 2 of
this 2011 Act may not be used as identification. + } The type of
identification and the number on the identification are to be
filled in by the sheriff.):
1.________
2.________
Height ___ Weight ___
Hair color ___ Eye color ___
Current address _____
(List residence addresses for the
past three years on the back.)
City ___ County ___ Zip ___
Phone ___
I have read the entire text of this application, and the
statements therein are correct and true. (Making false statements
on this application is a misdemeanor.)
__________
(Signature of Applicant)
Character references.
__________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name Address
__________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name Address
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Approved __ Disapproved __ by __
Competence with handgun demonstrated by ___ (to be filled in by
sheriff)
Date ___ Fee Paid ___
License No. ___
_________________________________________________________________
(5)(a) Fees for concealed handgun licenses are:
(A) $15 to the Department of State Police for conducting the
fingerprint check of the applicant.
(B) $50 to the sheriff for the issuance or renewal of a
concealed handgun license.
(C) $15 to the sheriff for the duplication of a license because
of loss or change of address.
(b) The sheriff may enter into an agreement with the Department
of Transportation to produce the concealed handgun license.
(6) No civil or criminal liability shall attach to the sheriff
or any authorized representative engaged in the receipt and
review of, or an investigation connected with, any application
for, or in the issuance, denial or revocation of, any license
under ORS 166.291 to 166.295 as a result of the lawful
performance of duties under those sections.
(7) Immediately upon acceptance of an application for a
concealed handgun license, the sheriff shall enter the
applicant's name into the Law Enforcement Data System indicating
that the person is an applicant for a concealed handgun license
or is a license holder.
(8) The county sheriff may waive the residency requirement in
subsection (1)(c) of this section for a resident of a contiguous
state who has a compelling business interest or other legitimate
demonstrated need.
(9) For purposes of subsection (1)(c) of this section, a person
is a resident of a county if the person:
(a) Has a current Oregon driver license issued to the person
showing a residence address in the county { + , except that a
driver license or driver permit issued under section 2 of this
2011 Act may not be used to establish residency + };
(b) Is registered to vote in the county and has a memorandum
card issued to the person under ORS 247.181 showing a residence
address in the county;
(c) Has documentation showing that the person currently leases
or owns real property in the county; or
(d) Has documentation showing that the person filed an Oregon
tax return for the most recent tax year showing a residence
address in the county.
SECTION 17. ORS 166.412 is amended to read:
166.412. (1) As used in this section:
(a) 'Antique firearm' has the meaning given that term in 18
U.S.C. 921;
(b) 'Department' means the Department of State Police;
(c) 'Firearm' has the meaning given that term in ORS 166.210,
except that it does not include an antique firearm;
(d) 'Firearms transaction record' means the firearms
transaction record required by 18 U.S.C. 921 to 929;
(e) 'Firearms transaction thumbprint form' means a form
provided by the department under subsection (11) of this section;
(f) 'Gun dealer' means a person engaged in the business, as
defined in 18 U.S.C. 921, of selling, leasing or otherwise
transferring a firearm, whether the person is a retail dealer,
pawnbroker or otherwise;
(g) 'Handgun' has the meaning given that term in ORS 166.210;
and
(h) 'Purchaser' means a person who buys, leases or otherwise
receives a firearm from a gun dealer.
(2) Except as provided in subsections (3)(c) and (12) of this
section, a gun dealer shall comply with the following before a
handgun is delivered to a purchaser:
(a) The purchaser shall present to the dealer current
identification meeting the requirements of subsection (4) of this
section.
(b) The gun dealer shall complete the firearms transaction
record and obtain the signature of the purchaser on the record.
(c) The gun dealer shall obtain the thumbprints of the
purchaser on the firearms transaction thumbprint form and attach
the form to the gun dealer's copy of the firearms transaction
record to be filed with that copy.
(d) The gun dealer shall request by telephone that the
department conduct a criminal history record check on the
purchaser and shall provide the following information to the
department:
(A) The federal firearms license number of the gun dealer;
(B) The business name of the gun dealer;
(C) The place of transfer;
(D) The name of the person making the transfer;
(E) The make, model, caliber and manufacturer's number of the
handgun being transferred;
(F) The name and date of birth of the purchaser;
(G) The Social Security number of the purchaser if the
purchaser voluntarily provides this number to the gun dealer; and
(H) The type, issuer and identification number of the
identification presented by the purchaser.
(e) The gun dealer shall receive a unique approval number for
the transfer from the department and record the approval number
on the firearms transaction record and on the firearms
transaction thumbprint form.
(f) The gun dealer may destroy the firearms transaction
thumbprint form five years after the completion of the firearms
transaction thumbprint form.
(3)(a) Upon receipt of a request of the gun dealer for a
criminal history record check, the department shall immediately,
during the gun dealer's telephone call or by return call:
(A) Determine, from criminal records and other information
available to it, whether the purchaser is disqualified under ORS
166.470 from completing the purchase; and
(B) Notify the dealer when a purchaser is disqualified from
completing the transfer or provide the dealer with a unique
approval number indicating that the purchaser is qualified to
complete the transfer.
(b) If the department is unable to determine if the purchaser
is qualified or disqualified from completing the transfer within
30 minutes, the department shall notify the dealer and provide
the dealer with an estimate of the time when the department will
provide the requested information.
(c) If the department fails to provide a unique approval number
to a gun dealer or to notify the gun dealer that the purchaser is
disqualified under paragraph (a) of this subsection before the
close of the gun dealer's next business day following the request
by the dealer for a criminal history record check, the dealer may
deliver the handgun to the purchaser.
(4)(a) { + Except as provided in paragraph (d) of this
subsection, + } identification required of the purchaser under
subsection (2) of this section shall include one piece of current
identification bearing a photograph and the date of birth of the
purchaser that:
(A) Is issued under the authority of the United States
Government, a state, a political subdivision of a state, a
foreign government, a political subdivision of a foreign
government, an international governmental organization or an
international quasi-governmental organization; and
(B) Is intended to be used for identification of an individual
or is commonly accepted for the purpose of identification of an
individual.
(b) If the identification presented by the purchaser under
paragraph (a) of this subsection does not include the current
address of the purchaser, the purchaser shall present a second
piece of current identification that contains the current address
of the purchaser. The Superintendent of State Police may specify
by rule the type of identification that may be presented under
this paragraph.
(c) The department may require that the dealer verify the
identification of the purchaser if that identity is in question
by sending the thumbprints of the purchaser to the department.
{ + (d) A gun dealer may not accept a driver license or
driver permit issued under section 2 of this 2011 Act as
identification. + }
(5) The department shall establish a telephone number that
shall be operational seven days a week between the hours of 8
a.m. and 10 p.m. for the purpose of responding to inquiries from
dealers for a criminal history record check under this section.
(6) No public employee, official or agency shall be held
criminally or civilly liable for performing the investigations
required by this section provided the employee, official or
agency acts in good faith and without malice.
(7)(a) The department may retain a record of the information
obtained during a request for a criminal records check for no
more than five years.
(b) The record of the information obtained during a request for
a criminal records check by a gun dealer is exempt from
disclosure under public records law.
(8) A law enforcement agency may inspect the records of a gun
dealer relating to transfers of handguns with the consent of a
gun dealer in the course of a reasonable inquiry during a
criminal investigation or under the authority of a properly
authorized subpoena or search warrant.
(9) When a handgun is delivered, it shall be unloaded.
(10) In accordance with applicable provisions of ORS chapter
183, the Superintendent of State Police may adopt rules necessary
for:
(a) The design of the firearms transaction thumbprint form;
(b) The maintenance of a procedure to correct errors in the
criminal records of the department;
(c) The provision of a security system to identify dealers who
request a criminal history record check under subsection (2) of
this section; and
(d) The creation and maintenance of a database of the business
hours of gun dealers.
(11) The department shall publish the firearms transaction
thumbprint form and shall furnish the form to gun dealers on
application at cost.
(12) This section does not apply to transactions between
persons licensed as dealers under 18 U.S.C. 923.
SECTION 18. ORS 194.515 is amended to read:
194.515. (1) In taking an acknowledgment, the notarial officer
must determine, either from personal knowledge or from
satisfactory evidence, that the person appearing before the
officer and making the acknowledgment is the person whose true
signature is on the instrument.
(2) In taking a verification upon oath or affirmation, the
notarial officer must determine, either from personal knowledge
or from satisfactory evidence, that the person appearing before
the officer and making the verification is the person whose true
signature is on the statement verified.
(3) In witnessing or attesting a signature the notarial officer
must determine, either from personal knowledge or from
satisfactory evidence, that the signature is that of the person
appearing before the officer and named therein.
(4) In certifying or attesting a copy of a document or other
item, the notarial officer must determine that the proffered copy
is a full, true and accurate transcription or reproduction of
that which was copied.
(5) In making or noting a protest of a negotiable instrument a
notarial officer must determine the matters set forth in ORS
73.0505.
(6) A notarial officer has satisfactory evidence that a person
is the person whose true signature is on a document if that
person:
(a) Is personally known to the notarial officer;
(b) Is identified upon the oath or affirmation of a credible
witness personally known to the notarial officer; or
(c) Is identified on the basis of identification documents.
(7) For purposes of this section, 'personally known' means
familiarity with a person resulting from interactions with that
person over a period of time sufficient to eliminate every
reasonable doubt that the person has the identity claimed.
(8) For purposes of subsection (6)(c) of this section, a
notarial officer has satisfactory evidence upon which to identify
a person if the person:
(a) Produces a current driver license or current identity card
issued by any state { + , except that a driver license or driver
permit issued under section 2 of this 2011 Act may not be used to
establish identity + };
(b) Produces a current United States passport or a current
officially recognized passport of a foreign country;
(c) Produces a current United States military identification
card;
(d) Produces a current identity card issued by a federally
recognized Indian tribe;
(e) Produces at least one current document, other than a
document described in paragraphs (a) to (d) of this subsection,
issued by the federal government or a state, county, municipal or
other local government and containing the person's photograph,
signature and physical description; or
(f) Is confined in a correctional facility and has been
positively identified through examination or comparison of
official government documents or records.
SECTION 19. ORS 247.019 is amended to read:
247.019. (1) { + Except as provided in subsection (5) of this
section, + } the Secretary of State by rule shall adopt an
electronic voter registration system to be used by qualified
persons who have a valid:
(a) Oregon driver license, as defined in ORS 801.245;
(b) Oregon driver permit, as defined in ORS 801.250; or
(c) State identification card, issued under ORS 807.400.
(2) The electronic voter registration system shall allow a
qualified person to complete and deliver a registration card
electronically. A registration card delivered under this section
is considered delivered to the Secretary of State for purposes of
this chapter.
(3) A person who completes a registration card electronically
under this section consents to the use of the person's driver
license, driver permit or state identification card signature for
voter registration purposes.
(4) The Department of Transportation shall provide to the
Secretary of State a digital copy of the driver license, driver
permit or state identification card signature of each person who
completes a registration card under this section.
{ + (5) The Secretary of State may not accept a driver
license or driver permit issued under section 2 of this 2011 Act
for the purpose of electronic voter registration. + }
SECTION 20. ORS 462.195 is amended to read:
462.195. (1) { + Except as provided in subsection (4) of this
section, + } a licensee conducting a race meet, before selling a
mutuel wagering ticket or receipt to any person about whom there
is any reasonable doubt of the person having reached the age of
18 years, shall require such person to make a written statement
of age and furnish evidence of the true age and identity of the
person. The written statement of age shall be on a form furnished
by the Oregon Racing Commission, substantially as follows:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Date ___
I am 18 years of age or over.
__________
Signature
Evidence in support of age and identity:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Driver's LiceNo.___
(___
)
State
Military RecoNo.___
Liquor PermitNo.___
Other ___
(Fill in license or card number of any one or
more of above)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(2) A licensee who, in good faith and with reasonable cause to
believe in its truth, accepts a written statement of age, as
provided in subsection (1) of this section, may rely on the truth
of the statement as conclusive evidence of the age of the person
by whom it is signed.
(3) { - No person shall - } { + A person may not + } make a
statement of age, as provided in subsections (1) and (2) of this
section, that is false in whole or in part, or produce any
evidence that would falsely indicate his or her age.
{ + (4) A licensee may not accept a driver license or driver
permit issued under section 2 of this 2011 Act as evidence of a
person's true age and identity. + }
SECTION 21. ORS 471.130 is amended to read:
471.130. (1) { + Except as provided in subsection (4) of this
section, + } all licensees and permittees of the Oregon Liquor
Control Commission, before selling or serving alcoholic liquor to
any person about whom there is any reasonable doubt of the
person's having reached 21 years of age, shall require such
person to produce one of the following pieces of identification:
(a) The person's passport.
(b) The person's { - motor vehicle operator's - } { +
driver + } license, whether issued in this state or by any other
state, so long as the license has a picture of the person.
(c) An identification card issued under ORS 807.400.
(d) A United States military identification card.
(e) Any other identification card issued by a state that bears
a picture of the person, the name of the person, the person's
date of birth and a physical description of the person.
(2) If a person does not have identification as described in
subsection (1) of this section, the permittee or licensee shall
require such person to make a written statement of age and
furnish evidence of the person's true age and identity. The
written statement of age shall be on a form furnished or approved
by the commission, including but not limited to the following
information:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Date ____
I am 21 years of age or over._
___
Signature
Description of evidence in support of age and identity:
__ Identification No. (if any) __
__ Identification No. (if any) __
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(Fill in information pertaining to any two or more pieces of
evidence submitted by the person.)
I hereby certify that I have accurately recorded identification
of the evidence submitted to complete this form.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_____________
Signature of permittee or licensee
ORS 165.805 provides as follows:
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
165.805. (1) A person commits the crime of misrepresentation of
age by a minor if:
(a) Being less than a certain, specified age, the person
knowingly purports to be of any age other than the person's true
age with the intent of securing a right, benefit or privilege
which by law is denied to persons under that certain, specified
age; or
(b) (Not applicable.)
(2) Misrepresentation of age by a minor is a Class C
misdemeanor.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
{ + (4) A licensee or permittee may not accept a driver
license or driver permit issued under section 2 of this 2011 Act
as evidence that a person has reached 21 years of age. + }
SECTION 22. ORS 471.186 is amended to read:
471.186. (1) The holder of an off-premises sales license may
sell factory-sealed containers of wine, malt beverages and cider.
Containers of malt beverages sold under the license may not hold
more than two and one-quarter gallons.
(2) The holder of an off-premises sales license may provide
sample tasting of alcoholic beverages on the licensed premises if
the licensee makes written application to the Oregon Liquor
Control Commission and receives approval from the commission to
conduct tastings on the premises. Tastings must be limited to the
alcoholic beverages that may be sold under the privileges of the
license.
(3) An off-premises sales license may not be issued for use at
a premises that is mobile.
(4) Except as provided in ORS 471.402, a manufacturer or
wholesaler may not provide or pay for sample tastings of
alcoholic beverages for the public on premises licensed under an
off-premises sales license.
(5) The holder of an off-premises sales license may deliver
wine or cider that is sold under the privileges of the license to
retail customers in this state without a direct shipper permit
issued under ORS 471.282. Any deliveries by the holder of an
off-premises sales license are subject to any rules adopted by
the commission relating to deliveries made under this subsection.
Deliveries under this subsection:
(a) May be made only to a person who is at least 21 years of
age;
(b) May be made only for personal use and not for the purpose
of resale; and
(c) Must be made in containers that are conspicuously labeled
with the words: 'CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21
YEARS OR OLDER REQUIRED FOR DELIVERY. '
(6) The holder of an off-premises sales license that makes
deliveries of wine or cider under subsection (5) of this section
must take all actions necessary to ensure that a carrier used by
the licensee does not deliver any wine or cider unless the
carrier:
(a) Obtains the signature of the recipient of the wine or cider
upon delivery;
(b) Verifies by inspecting government-issued photo
identification that the recipient is at least 21 years of
age { + , except that a carrier may not use a driver license or
driver permit issued under section 2 of this 2011 Act to verify
that the recipient is at least 21 years of age + }; and
(c) Determines that the recipient is not visibly intoxicated at
the time of delivery.
(7) Any person who knowingly or negligently delivers wine or
cider under the provisions of this section to a person under 21
years of age, or who knowingly or negligently delivers wine or
cider under the provisions of this section to a visibly
intoxicated person, violates ORS 471.410.
(8) If a court determines that deliveries of wine or cider
under subsection (5) of this section cannot be restricted to
holders of off-premises sales licenses, and the decision is a
final judgment that is no longer subject to appeal, the holder of
an off-premises sales license may not make deliveries of wine or
cider under the provisions of subsection (5) of this section
after entry of the final judgment.
SECTION 23. ORS 471.242 is amended to read:
471.242. (1) A warehouse license shall allow the licensee to
store, import, bottle, produce, blend, transport and export
nontax paid, bonded wine or wine on which the tax is paid and to
store, import and export nontax paid malt beverages and cider, or
malt beverages and cider on which the tax is paid. Wine, cider
and malt beverages may be removed from the licensed premises only
for:
(a) Sale for export;
(b) Sale or shipment to a wholesale malt beverage and wine
licensee;
(c) Sale or shipment to another warehouse licensee;
(d) Sale or shipment to a winery licensee;
(e) Shipment of wine or cider produced by a winery licensee to
a licensee of the Oregon Liquor Control Commission authorized to
sell wine or cider at retail if the shipment is made pursuant to
a sale to the retail licensee by the holder of a winery license
issued under ORS 471.223, a grower sales privilege license issued
under ORS 471.227 or a wholesale malt beverage and wine license
issued under ORS 471.235; or
(f) Shipment of wine or cider to a person for personal use, as
described in subsection (7) of this section.
(2) A license applicant must hold an approved registration for
a bonded wine cellar or winery under federal law.
(3) For the purposes of tax reporting, payment and record
keeping, the provisions that shall apply to a manufacturer under
ORS chapter 473 shall apply to a warehouse licensee.
(4) A warehouse must be physically secure in an area zoned for
the intended use and be physically separated from any other use.
(5) For purposes of ORS 471.392 to 471.400, a warehouse
licensee shall be considered a manufacturer.
(6) For purposes of ORS 473.045, a warehouse licensee shall be
considered a winery licensee.
(7) Wine or cider may be removed from the premises licensed
under this section for shipment pursuant to a sale under ORS
471.282. The warehouse licensee shall take reasonable steps to
ensure that shipments are made in containers that are
conspicuously labeled with the words: 'CONTAINS
ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR
DELIVERY.' In addition, the warehouse licensee shall take
reasonable steps to ensure that any carrier used by the licensee
does not deliver any wine or cider unless the carrier:
(a) Obtains the signature of the recipient of the wine or cider
upon delivery;
(b) Verifies by inspecting government-issued photo
identification that the recipient is at least 21 years of
age { + , except that a carrier may not use a driver license or
driver permit issued under section 2 of this 2011 Act to verify
that the recipient is at least 21 years of age + }; and
(c) Determines that the recipient is not visibly intoxicated at
the time of delivery.
SECTION 24. ORS 471.282 is amended to read:
471.282. (1) Notwithstanding any other provision of this
chapter and except as provided by ORS 471.186 (5), a person may
sell and ship wine or cider directly to a resident of Oregon only
if the person holds a direct shipper permit. The Oregon Liquor
Control Commission shall issue a direct shipper permit only to:
(a) A person that holds a license issued by this state or
another state that authorizes the manufacture of wine or cider;
(b) A person that holds a license issued by this state or
another state that authorizes the sale of wine or cider produced
only from grapes or other fruit grown under the control of the
person;
(c) A person that holds a license authorizing the sale of wine
or cider at retail; or
(d) A nonprofit trade association that holds a temporary sales
license under ORS 471.190 and that has a membership primarily
composed of persons holding winery licenses issued under ORS
471.223 or grower sales privilege licenses issued under ORS
471.227.
(2) A person may apply for a direct shipper permit by filing an
application with the commission. The application must be made in
such form as may be prescribed by the commission. The person must
include in the application the number of the license issued to
the person by the commission, or a true copy of the license
issued to the person by another state. If the application is
based on a license issued by another state, or the application is
by a nonprofit trade association described in subsection (1)(d)
of this section, the person or association must pay a $50
registration fee and maintain a bond or other security described
in ORS 471.155 in the minimum amount of $1,000.
(3) Sales and shipments under a direct shipper permit:
(a) May be made only to a person who is at least 21 years of
age;
(b) May be made only for personal use and not for the purpose
of resale; and
(c) May not exceed two cases, containing not more than nine
liters per case, to any resident per month.
(4) Sales and shipments under a direct shipper permit must be
made directly to a resident of this state in containers that are
conspicuously labeled with the words: 'CONTAINS ALCOHOL:
SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.
'
(5) A person holding a direct shipper permit must take all
actions necessary to ensure that a carrier used by the permit
holder does not deliver any wine or cider unless the carrier:
(a) Obtains the signature of the recipient of the wine or cider
upon delivery;
(b) Verifies by inspecting government-issued photo
identification that the recipient is at least 21 years of
age { + , except that a carrier may not use a driver license or
driver permit issued under section 2 of this 2011 Act to verify
that the recipient is at least 21 years of age + }; and
(c) Determines that the recipient is not visibly intoxicated at
the time of delivery.
(6)(a) A person holding a direct shipper permit must report to
the commission all shipments of wine or cider made to Oregon
residents under the permit as required by ORS chapter 473. The
report must be made in a form prescribed by the commission.
(b) A person holding a direct shipper permit must allow the
commission to audit the permit holder's records upon request and
shall make those records available to the commission in this
state.
(c) A person holding a direct shipper permit consents to the
jurisdiction of the commission and the courts of this state for
the purpose of enforcing the provisions of this section and any
related laws or rules.
(7)(a) A person holding a direct shipper permit must timely pay
to the commission all taxes imposed under ORS chapter 473 on wine
and cider sold and shipped under the permit. For the purpose of
the privilege tax imposed under ORS chapter 473, all wine or
cider sold and shipped pursuant to a direct shipper permit is
sold in this state.
(b) A person holding a direct shipper permit based on a license
issued by another state must timely pay to the commission all
taxes imposed under ORS chapter 473 on all wine or cider sold and
shipped directly to Oregon residents under the permit. The permit
holder, not the purchaser, is responsible for the tax.
(8) A direct shipper permit must be renewed annually. If the
person holds the permit based on an annual license issued by
another state, the permit may be renewed by paying a $50 renewal
fee and providing the commission with a true copy of a current
license issued to the person by the other state. If the person
holds the permit based on an annual license issued by this state,
the permit may be renewed at the same time that the license is
renewed.
(9) The commission may refuse to issue or may suspend or revoke
a direct shipper permit if the permit holder fails to comply with
the provisions of this section. A person may sell and ship wine
or cider under a direct shipper permit only for as long as the
person has the license issued by this state or another state that
authorizes the person to hold a direct shipper permit.
(10) Any person who knowingly or negligently delivers wine or
cider under the provisions of this section to a person under 21
years of age, or who knowingly or negligently delivers wine or
cider under the provisions of this section to a visibly
intoxicated person, violates ORS 471.410.
(11) A person may not make sales and shipments of wine or cider
directly to Oregon residents unless the person holds a direct
shipper permit issued under this section. Any person who
knowingly makes, participates in, transports, imports or receives
a shipment of wine or cider that is in violation of this section
commits a misdemeanor as provided in ORS 471.990 (1).
SECTION 25. ORS 471.478 is amended to read:
471.478. On and after January 1, 1978:
(1) The Oregon Liquor Control Commission by rule shall require
the identification of kegs of malt beverages sold directly to
consumers who are not licensees of the commission and the signing
of a receipt therefor by the purchaser in order to allow the kegs
to be traced if the contents are consumed in violation of the
Liquor Control Act. The keg identification shall be in the form
of a numbered label prescribed and supplied by the commission
which identifies the seller and which is removable or obliterated
when the keg is processed for refilling. The receipt shall be on
a form prescribed and supplied by the commission and shall
include the name and address of the purchaser; { - motor
vehicle operator's - } { + the driver + } license number, if
any { + , except for the number of a driver license or driver
permit issued under section 2 of this 2011 Act + }; the
automobile registration of the motor vehicle in which the keg was
removed from the seller's premises, if any; and such other
identification as the commission by rule may require. The
receipt shall contain a statement that must be signed by the
purchaser that, under penalty of false swearing, the purchaser
will not allow consumption of any malt beverage in the keg in
violation of ORS 471.410. A copy of the receipt shall be given to
the purchaser and the seller shall retain the original receipt
for such period as the commission by rule may require.
(2) Possession of a keg containing malt beverages which is not
identified as required by subsection (1) of this section is a
Class A misdemeanor.
(3) A person who signs a receipt described in subsection (1) of
this section in order to obtain a keg, knowing the receipt to be
false, or who falsifies any information required on the receipt,
is guilty of false swearing as prescribed by ORS 162.075.
(4) As used in this section, 'keg' means any brewery-sealed,
individual container of malt beverage having a liquid capacity of
more than seven gallons.
SECTION 26. ORS 480.235 is amended to read:
480.235. (1) A certificate of possession shall be issued or
denied within 45 days after the date of the application or the
conclusion of the investigation conducted by the issuing
authority pursuant to subsection (2) of this section.
(2) The issuing authority shall conduct an investigation to
ensure that the applicant meets the requirements listed in ORS
480.225 and 480.230. The issuing authority shall include
fingerprinting and photographic identification in the
investigation. { + The issuing authority may not accept a driver
license or driver permit issued under section 2 of this 2011
Act. + } The issuing authority may use fingerprints obtained
under this subsection for the purpose of requesting a state or
nationwide criminal records check under ORS 181.534. Unless the
issuing authority finds that the applicant is ineligible under
ORS 480.225 or 480.230, the authority shall issue a certificate
of possession to the applicant. If the issuing authority finds
that the applicant is ineligible under ORS 480.225 or 480.230,
the authority shall issue a notification of denial. The denial is
subject to the provisions of ORS 480.275.
(3) A certificate of possession is valid for three years from
the date of issuance unless suspended or revoked pursuant to ORS
480.270.
(4) A certificate of possession may not be assigned or
transferred.
(5) The holder of a certificate of possession shall maintain a
record of the type and quantity of all explosives possessed
during the certificate period. The record shall be made available
upon demand of the issuing authority, a magistrate or a law
enforcement agency, public fire department or fire protection
agency of this state.
(6) Notwithstanding ORS 181.534 (5) and (6), the Department of
State Police shall maintain in the department's files fingerprint
cards submitted to it for purposes of conducting a state or
nationwide criminal records check under ORS 181.534 on applicants
for a certificate of possession.
SECTION 27. ORS 609.510 is amended to read:
609.510. (1) Every animal dealer shall establish and maintain
records on each dog or cat and the dog's or cat's offspring in
the dealer's possession or control, including:
(a) The species, gender, approximate age, color and distinctive
markings and breed of the dog or cat;
(b) A photograph of the dog or cat made within 24 hours of
acquisition or birth;
(c) The name, address and driver license number { + , except
for the number of a driver license or driver permit issued under
section 2 of this 2011 Act, + } or other official state
identification number of the person providing the dog or cat;
(d) The date of acquisition or birth of the dog or cat;
(e) The date and nature of disposition of the dog or cat; and
(f) The intended destination of the dog or cat at release.
(2) Within 24 hours of the acquisition or birth of a dog or cat
in the possession of any animal dealer, the dealer shall forward,
by first class mail or any more expeditious method, the
information required by subsection (1) of this section to the
State Department of Agriculture and a fee of $1 for each dog or
cat reported.
(3) The department shall maintain the reports and provide for
public inspection of, and telephone inquiries concerning, the
reports during normal business hours.
SECTION 28. ORS 646A.210 is amended to read:
646A.210. (1) A person { - shall - } { + may + } not
require as a condition of acceptance of a check or share draft,
or as a means of identification, that the person presenting the
check or share draft provide a credit card number or expiration
date, or both, unless the credit is issued by the person
requiring the information.
(2) Subsection (1) of this section shall not prohibit a person
from:
(a) Requesting a person presenting a check or share draft to
display a credit card as indicia of creditworthiness and
financial responsibility or as a source of additional
identification;
(b) Recording the type of credit card and the issuer of the
credit card displayed by the person under paragraph (a) of this
subsection;
(c) Requesting or receiving a credit card number or expiration
date, or both, and recording the number or date, or both, in lieu
of a security deposit to assure payment in event of default,
loss, damage or other occurrence;
(d) Recording a credit card number or expiration date, or both,
as a condition for acceptance of a check or share draft where the
card issuer guarantees checks or share drafts presented by the
cardholder upon the condition that the person to whom the check
is presented records the card number or expiration date, or both,
on the check or share draft;
(e) Requesting and recording the name, address, { - motor
vehicle operator - } { + driver + } license number { + , except
for the number of a driver license or driver permit issued under
section 2 of this 2011 Act, + } or state identification card
number and telephone number of a person offering payment by
check; or
(f) Verifying the signature, name and expiration date on a
credit card.
(3) This section does not require acceptance of a check or
share draft whether or not a credit card is presented.
(4) For purposes of this section, 'person' means any
individual, corporation, partnership or association.
SECTION 29. ORS 697.520 is amended to read:
697.520. (1) A check-cashing business may not charge or
collect, directly or indirectly, an excessive fee, service charge
or other consideration for cashing a payment instrument. A fee,
service charge or other consideration is excessive if the total
amount charged is more than the following amounts:
(a) For a payment instrument issued by the federal government
or an agency of the federal government, by this state or an
agency of this state or by the government of the municipality in
which a person is cashing the payment instrument:
(A) $5 or two percent of the face value of the payment
instrument, whichever is greater, if the person cashing the
payment instrument provides valid and current government-issued
photo identification; or
(B) $5 or 2-1/2 percent of the face value of the payment
instrument, whichever is greater, if the person cashing the
payment instrument does not provide valid and current
government-issued photo identification.
(b) For a payment instrument issued by any other state or
political subdivision thereof or for a payment instrument that is
a payroll check:
(A) $5 or three percent of the face value of the payment
instrument, whichever is greater, if the person cashing the
payment instrument provides valid and current government-issued
photo identification; or
(B) $5 or 3-1/2 percent of the face value of the payment
instrument, whichever is greater, if the person cashing the
payment instrument does not provide valid and current
government-issued photo identification.
(c) For any other payment instrument, $5 or 10 percent of the
face value of the payment instrument, whichever is greater.
(2) Notwithstanding the provisions of subsection (1) of this
section, a fee, service charge or other consideration is
excessive if the total amount charged is more than $100.
(3) This section does not affect fees, statutory damages or
other charges a person may collect under ORS 30.701 in connection
with dishonored payment instruments.
{ + (4) For the purposes of this section, a driver license or
driver permit issued under section 2 of this 2011 Act may not be
used for the purposes of identification. + }
SECTION 30. ORS 723.152 is amended to read:
723.152. In addition to the powers conferred by the general
corporation law a credit union may, subject to the restrictions
and limitations contained in this chapter and the credit union's
bylaws:
(1) Make contracts.
(2) Sue and be sued.
(3) Adopt, use and alter a common seal.
(4) Acquire, lease, hold and dispose of property, either in
whole or in part, necessary or incidental to the credit union's
operations.
(5) At the discretion of the board of directors, require any
person admitted to membership to pay an entrance fee or annual
membership fee, or both.
(6) Receive savings from members of the credit union in the
form of various classes of shares, deposits or deposit
certificates, deposit accounts or special-purpose thrift
accounts.
(7) Receive from members of the credit union or from another
credit union deposits or deposit certificates, deposit accounts
or various classes of shares payable on nonnegotiable request.
(8) Lend the credit union's funds to members of the credit
union and to other credit unions as provided in this chapter.
(9) Acquire and lease personal property at the request of a
member of the credit union who wishes to lease the property on
terms requiring payment, during the term of the lease, of rents
that exceed the total expenditures made by the credit union for
the acquisition, ownership, financing and protection of the
property. Rents may include residual value payments that are the
obligation of a responsible third party.
(10) Borrow from any source in accordance with policy
established by the board of directors and issue debentures
pursuant to a plan approved by the Director of the Department of
Consumer and Business Services. The debentures shall be
subordinate to the shares and deposits of the credit union.
(11) Discount and sell any eligible obligations, subject to
rules adopted by the Director of the Department of Consumer and
Business Services.
(12) Sell all or substantially all of the credit union's assets
or purchase all or substantially all of the assets of another
credit union, subject to the approval of the Director of the
Department of Consumer and Business Services.
(13) Invest surplus funds as provided in this chapter.
(14) Make deposits in legally chartered banks, savings banks,
savings and loan associations, trust companies and credit unions.
(15) Assess charges to a member of the credit union in
accordance with the credit union's bylaws for the member's
failure to meet the member's obligations to the credit union
promptly.
(16) Hold membership in other credit unions organized under
this chapter or other state or federal laws, and in other
associations and organizations composed of credit unions.
(17) Declare dividends, pay interest on deposit and deposit
certificate accounts and pay interest refunds to borrowers as
provided in this chapter.
(18) Offer products and services reasonably related to the
purposes of a credit union as set forth in ORS 723.006.
(19) Receive deposits from the federal government or this
state, or any agency or political subdivision thereof.
(20) Make donations or contributions to any civic, charitable,
political or community organization as authorized by the board of
directors.
(21) Act as a custodian of qualified pension funds of members
of the credit union if permitted by federal law.
(22) Purchase or make available insurance for the credit
union's directors, officers, agents, employees and members.
(23) Allow members of the credit union to use share accounts,
deposit accounts or deposit certificate accounts as share draft
accounts as provided in ORS 723.434.
(24) Provide digital signature verification or other electronic
authentication services to members of the credit union.
(25) Act as trustee or custodian for members of the credit
union under any written trust instrument or custodial agreement
in connection with a tax-advantaged savings plan authorized under
the Internal Revenue Code, including but not limited to
individual retirement, deferred compensation, education savings
and health savings accounts, provided that the trust instrument
or custodial agreement requires all funds subject to the
instrument or agreement to be invested exclusively in share or
deposit accounts in the credit union. The State of Oregon, or the
applicable instrumentality or municipality, is considered to be a
member of the credit union with respect to such deposits, except
that the state or other instrumentality or municipality is not
entitled to vote, hold office or otherwise participate in the
management or operation of the credit union.
(26) Indemnify the directors, officers, employees and committee
members or other volunteers of the credit union in accordance
with the provisions of the credit union's articles, bylaws and
the indemnification provisions of ORS chapter 60.
(27) Sell negotiable checks, including traveler's checks, money
orders and other money transfer instruments, including domestic
and international electronic funds transfers, to persons eligible
for credit union membership under ORS 723.172, whether or not
such persons are members of the credit union.
(28) For a fee, cash checks and money orders and send or
receive domestic and international electronic funds transfers for
persons eligible for credit union membership under ORS 723.172,
whether or not such persons are members of the credit union. The
fee a credit union may charge for cashing checks or money orders
in accordance with this subsection may not exceed the following
amounts, as appropriate:
(a) For a check or money order issued by the federal government
or an agency of the federal government, by this state or an
agency of this state, by any other state or political subdivision
thereof or by the government of the municipality in which a
person is cashing the check or money order, or for a check that
is a payroll check drawn against an account held in a financial
institution in this state:
(A) $5 or two percent of the face value of the check or money
order, whichever is greater, if the person cashing the check or
money order provides valid and current government-issued photo
identification; or
(B) $5 or 2-1/2 percent of the face value of the check or money
order, whichever is greater, if the person cashing the check or
money order does not provide valid and current government-issued
photo identification.
(b) For a check or money order not described in paragraph (a)
of this subsection:
(A) $5 or three percent of the face value of the check or money
order, whichever is greater, if the person cashing the check or
money order provides valid and current government-issued photo
identification; or
(B) $5 or 3-1/2 percent of the face value of the check or money
order, whichever is greater, if the person cashing the check or
money order does not provide valid and current government-issued
photo identification.
(29) Exercise other powers that are necessary to carry out the
credit union's purpose.
{ + (30) For the purposes of this section, a driver license
or driver permit issued under section 2 of this 2011 Act may not
be used for the purposes of identification. + }
SECTION 31. ORS 801.250 is amended to read:
801.250. 'Driver permit' means a grant of driving privileges by
this state or another jurisdiction that is more limited than
those available under a license or that is only available under
special or limited circumstances. The term may also refer to a
document issued as evidence of a grant of driving privileges
under a driver permit. Driver permits issued by this state
include the following:
(1) Applicant temporary driver permit described under ORS
807.310.
(2) Court issued temporary driver permit described under ORS
807.320.
(3) Disability golf cart driver permit described under ORS
807.210.
(4) Emergency driver permit described under ORS 807.220.
(5) Instruction driver permit described under ORS 807.280.
(6) Hardship driver permit described under ORS 807.240.
(7) Probationary driver permit described under ORS 807.270.
(8) Special student driver permit described under ORS 807.230.
(9) Special temporary instruction driver permit described under
ORS 807.290.
(10) Court bail driver permit described under ORS 807.330.
(11) Temporary driver permit described under ORS 813.110.
{ + (12) A driver permit described under section 2 of this
2011 Act. + }
SECTION 32. ORS 807.750 is amended to read:
807.750. (1) As used in this section:
(a) 'Driver license' means a license or permit issued by this
state or any other jurisdiction as evidence of a grant of driving
privileges { + , except for a license or permit issued under
section 2 of this 2011 Act + }.
(b) 'Identification card' means the card issued under ORS
807.400 or a comparable provision in another state.
(c) 'Personal information' means an individual's name, address,
date of birth, photograph, fingerprint, biometric data, driver
license number, identification card number or any other unique
personal identifier or number.
(d) 'Private entity' means any nongovernmental entity, such as
a corporation, partnership, company or nonprofit organization,
any other legal entity or any natural person.
(e) 'Swipe' means the act of passing a driver license or
identification card through a device that is capable of
deciphering, in an electronically readable format, the
information electronically encoded in a magnetic strip or bar
code on the driver license or identification card.
(2) Except as provided in subsection (6) of this section, a
private entity may not swipe an individual's driver license or
identification card, except for the following purposes:
(a) To verify the authenticity of a driver license or
identification card or to verify the identity of the individual
if the individual pays for a good or service with a method other
than cash, returns an item or requests a refund.
(b) To verify the individual's age when providing an
age-restricted good or service to any person about whom there is
any reasonable doubt of the person's having reached 21 years of
age.
(c) To prevent fraud or other criminal activity if an
individual returns an item or requests a refund and the private
entity uses a fraud prevention service company or system.
(d) To transmit information to a check services company for the
purpose of approving negotiable instruments, electronic funds
transfers or similar methods of payment.
(3) A private entity that swipes an individual's driver license
or identification card under subsection (2)(a) or (b) of this
section may not store, sell or share personal information
collected from swiping the driver license or identification card.
(4) A private entity that swipes an individual's driver license
or identification card under subsection (2)(c) or (d) of this
section may store or share the following information collected
from swiping an individual's driver license or identification
card for the purpose of preventing fraud or other criminal
activity against the private entity:
(a) Name;
(b) Address;
(c) Date of birth; and
(d) Driver license number or identification card number.
(5)(a) A person other than an entity regulated by the federal
Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., who receives
personal information from a private entity under subsection (4)
of this section may use the personal information received only to
prevent fraud or other criminal activity against the private
entity that provided the personal information.
(b) A person who is regulated by the federal Fair Credit
Reporting Act and who receives personal information from a
private entity under subsection (4) of this section may use or
provide the personal information received only to effect,
administer or enforce a transaction or prevent fraud or other
criminal activity, if the person provides or receives personal
information under contract from the private entity.
(6)(a) Subject to the provisions of this subsection, a private
entity that is a commercial radio service provider that provides
service nationally and that is subject to the Telephone Records
and Privacy Protection Act of 2006 (18 U.S.C. 1039) may swipe an
individual's driver license or identification card if the entity
obtains permission from the individual to swipe the individual's
driver license or identification card.
(b) The private entity may swipe the individual's driver
license or identification card only for the purpose of
establishing or maintaining a contract between the private entity
and the individual. Information collected by swiping an
individual's driver license or identification card for the
establishment or maintenance of a contract shall be limited to
the following information from the individual:
(A) Name;
(B) Address;
(C) Date of birth; and
(D) Driver license number or identification card number.
(c) If the individual does not want the private entity to swipe
the individual's driver license or identification card, the
private entity may manually collect the following information
from the individual:
(A) Name;
(B) Address;
(C) Date of birth; and
(D) Driver license number or identification card number.
(d) The private entity may not withhold the provision of goods
or services solely as a result of the individual requesting the
collection of the following information from the individual
through manual means:
(A) Name;
(B) Address;
(C) Date of birth; and
(D) Driver license number or identification card number.
(7) A governmental entity may swipe an individual's driver
license or identification card only if:
(a) The individual knowingly makes the driver license or
identification card available to the governmental entity;
(b) The governmental entity lawfully confiscates the driver
license or identification card;
(c) The governmental entity is providing emergency assistance
to the individual who is unconscious or otherwise unable to make
the driver license or identification card available; or
(d) A court rule requires swiping of the driver license or
identification card to facilitate accurate linking of court
records pertaining to the individual.
(8) In addition to any other remedy provided by law, an
individual may bring an action to recover actual damages or
$1,000, whichever is greater, and to obtain equitable relief, if
equitable relief is available, against an entity that swipes,
stores, shares, sells or otherwise uses the individual's personal
information in violation of this section. A court shall award a
prevailing plaintiff reasonable costs and attorney fees. If a
court finds that a violation of this section was willful or
knowing, the court may increase the amount of the award to no
more than three times the amount otherwise available.
(9) Any waiver of a provision of this section is contrary to
public policy and is void and unenforceable.
SECTION 33. { + Sections 2 and 3 of this 2011 Act and the
amendments to ORS 807.021, 807.040, 807.050, 807.110, 807.130 and
807.310 by sections 4 to 9 of this 2011 Act apply to applications
for driver licenses and driver permits submitted to the
Department of Transportation on or after the effective date of
this 2011 Act. + }
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