74th OREGON LEGISLATIVE ASSEMBLY--2008 Special Session
Enrolled
Senate Bill 1080
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Transportation)
CHAPTER ................
AN ACT
Relating to documents issued by Department of Transportation;
creating new provisions; amending ORS 97.953, 802.200, 807.024,
807.040, 807.050, 807.110, 807.130, 807.162, 807.310, 807.370,
807.400, 807.405, 807.410, 811.603, 811.604, 811.605 and
811.606; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 4 of this 2008 Act are added to
and made a part of the Oregon Vehicle Code. + }
SECTION 2. { + (1) Except as provided in ORS 807.310 (5) and
807.405 (4) of this 2008 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
Enrolled Senate Bill 1080 (SB 1080-A) Page 1
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 3. { + Section 2 of this 2008 Act applies to driver
licenses, driver permits and identification cards that are
issued, renewed or replaced on or after the effective date of
this 2008 Act. + }
SECTION 4. { + (1) The Department of Transportation may issue
or replace a limited term driver license, limited term driver
permit or limited term identification card only for a person who
provides proof, as determined by the department by rule, that the
person is legally present in the United States on a temporary
basis.
(2) A limited term driver license, limited term driver permit
or limited term identification card is valid:
(a) During the applicant's authorized stay in the United
States, but no longer than eight years from the date of issuance;
or
(b) If there is no definite end to the authorized stay, for a
period of one year.
(3) A limited term driver license, limited term driver permit
or limited term identification card may be renewed only upon
presentation of valid documentation, as determined by the
department by rule, that the status by which the applicant
qualified for the limited term driver license, limited term
driver permit or limited term identification card has been
extended or is still in effect.
(4) A limited term driver license or limited term driver permit
grants the same privileges as a driver license or driver permit.
(5) A limited term identification card shall bear a statement
to the effect that the limited term identification card is not a
license or any other grant of driving privileges to operate a
motor vehicle and is to be used for identification purposes
only. + }
SECTION 5. { + Sections 6 and 7 of this 2008 Act are added to
and made a part of the Oregon Vehicle Code. + }
SECTION 6. { + ' Identity source documents' means documents
required for the issuance, renewal or replacement of a driver
license, a driver permit or an identification card by the
Department of Transportation. + }
SECTION 7. { + Prior to issuing, renewing or replacing a
driver license, driver permit or identification card, the
Department of Transportation may verify with the issuing agency
the validity and completeness of each identity source document
presented by the applicant. + }
SECTION 8. ORS 802.200 is amended to read:
802.200. In addition to any other records the Department of
Transportation may establish, the department is subject to the
following provisions concerning records:
Enrolled Senate Bill 1080 (SB 1080-A) Page 2
(1) The department shall maintain records concerning the
titling of vehicles in this state. The records under this
subsection shall include the following:
(a) For vehicles issued a title by this state, the records
shall identify the vehicle and contain the following:
(A) The name of the vehicle owner and any security interest
holders in order of priority, except that a security interest
holder need not be identified if the debtor who granted the
interest is in the business of selling vehicles and the vehicles
constitute inventory held for sale;
(B) The name of any lessor of the vehicle;
(C) The vehicle description; and
(D) Whether a certificate of title was issued for the vehicle.
(b) If the vehicle is an antique vehicle that is reconstructed,
the records shall indicate that the vehicle is reconstructed.
(c) If the vehicle is a replica, the records shall indicate
that the vehicle is a replica.
(d) Any other information concerning the titling of vehicles
that the department considers convenient or appropriate.
(e) All odometer readings for a vehicle that are reported to
the department under provisions of the vehicle code.
(f) If the vehicle has been reported to the department as a
totaled vehicle under the provisions of ORS 819.012 or 819.014,
the records shall indicate that the vehicle is a totaled vehicle
unless the reason for the report was theft and the vehicle has
been recovered.
(2) If a vehicle that has been registered or titled in another
jurisdiction is registered or titled in this state, the
department shall retain a record of any odometer readings shown
on the title or registration documents submitted to the
department at the time of registration or title.
(3) Except as otherwise provided in ORS 826.003, the department
shall maintain records concerning the registration of vehicles
required to be registered by the department. The records
concerning the registration of vehicles may be stored along with
records concerning the titling of vehicles. The records under
this subsection shall include the following:
(a) For vehicles registered by the department, the records
shall identify the vehicle and contain the following:
(A) The registration plate number assigned by the department to
the vehicle;
(B) The name of the vehicle owner;
(C) The vehicle description and vehicle identification number;
and
(D) An indication that the vehicle is a totaled vehicle if it
has been reported to the department as a totaled vehicle under
the provisions of ORS 819.012 or 819.014, unless the reason for
the report was theft and the vehicle has been recovered.
(b) Any other information concerning the registration of
vehicles that the department considers convenient or appropriate.
(4) The department shall maintain separate records for the
regulation of vehicle dealers. The records required under this
subsection shall include the following information about persons
issued dealer certificates:
(a) The person's application for a vehicle dealer certificate.
(b) An alphabetical index of the name of each person applying
for a vehicle dealer certificate.
(c) A numerical index according to the distinctive number
assigned to each vehicle dealer.
Enrolled Senate Bill 1080 (SB 1080-A) Page 3
(5) The department shall maintain a file on vehicles for which
the title record is canceled under ORS 819.030. The records
required under this subsection shall disclose the last registered
owner of each vehicle, any security interest holder or holders
and lessors of each vehicle as shown by the canceled title record
for each vehicle and the make and year model for each vehicle.
(6) The department shall maintain a record of each agreement or
declaration under ORS 802.500 and 802.520.
(7) The department shall maintain separate and comprehensive
records of all transactions affecting the Revolving Account for
Emergency Cash Advances described under ORS 802.100.
(8) The department shall maintain suitable records of driver
licenses { + , + } { - and - } driver permits { + and
identification cards + }. The records required under this
subsection shall include all of the following:
(a) An index by name and number.
(b) Supporting documentation of all { + driver + }
licenses { + , + } { - or - } driver permits { + or
identification cards + } issued.
(c) Every application for a driver license { + , + }
{ - or - } driver permit { + or identification card + }.
(d) All { + driver + } licenses or driver permits that have
been suspended or revoked.
{ + (e) For each driver license, driver permit or
identification card, the Social Security number of the person to
whom the driver license, driver permit or identification card is
issued or proof that the person is not eligible for a Social
Security number. + }
{ - (e) - } { + (f) + } For each commercial driver license,
the Social Security number of the person to whom the license is
issued, or any other number or identifying information that the
Secretary of the United States Department of Transportation
determines appropriate to identify the person.
(9) The Department { + of Transportation + } shall maintain a
two-part driving record consisting of an employment driving
record and a nonemployment driving record for each person as
required under this subsection. All of the following apply to the
records required under this subsection:
(a) The department shall maintain driving records on:
(A) Every person who is granted driving privileges under a
driver license, driver permit or a statutory grant of driving
privileges under ORS 807.020;
(B) Every person whose driving privileges have been suspended,
revoked or canceled under this vehicle code;
(C) Every person who has filed an accident report under ORS
811.725 or 811.730; and
(D) Every person who is required to provide future
responsibility filings under ORS 806.200, 806.220, 806.230 or
806.240.
(b) In addition to other information required by this
paragraph, the employment driving record shall include all
reports of drug test results that are made to the department
under ORS 825.410. Notwithstanding any other provision of law,
release of the portion of the employment driving record that
shows drug test results reported under ORS 825.410 is permitted
only in accordance with ORS 802.202. The employment driving
record shall also include all motor vehicle accidents that the
person is required to report under ORS 811.720, all suspensions
of driving privileges required to be placed on the record under
ORS 809.280, all suspensions of the person's commercial driver
Enrolled Senate Bill 1080 (SB 1080-A) Page 4
license that result from operation or use of a commercial motor
vehicle and all convictions of the person for violation of motor
vehicle laws except convictions for offenses requiring mandatory
revocation or suspension of driving privileges under ORS 809.409,
809.411, 809.413 and 813.400, but shall include only such
accidents, suspensions and convictions that occur while the
person is driving a motor vehicle:
(A) In the course of the person's employment when the person is
employed by another for the principal purpose of driving a motor
vehicle;
(B) Carrying persons or property for compensation;
(C) In the course of the person's employment in the collection,
transportation or delivery of mail if the vehicle is government
owned or marked for the collection, transportation or delivery of
mail in accordance with government rules;
(D) That is an authorized emergency vehicle;
(E) That is a commercial motor vehicle; or
(F) In the course of the person's employment with a federal,
state or local government in a public works project involving
repair or maintenance of water, sewer or road systems.
(c) The nonemployment driving record shall include the
person's:
(A) Motor vehicle accidents that the person is required to
report under ORS 811.720, other than the motor vehicle accidents
that are included on the person's employment driving record;
(B) Suspensions, cancellations and revocations of licenses,
permits and driving privileges;
(C) Convictions for violation of the motor vehicle laws other
than those included in the employment driving record including,
for each violation of ORS 811.100 or 811.111, the speed at which
the person was convicted of traveling and the posted speed, the
speed limit or the speed that constitutes prima facie evidence of
violation of the basic speed rule, as appropriate; and
(D) Diversion agreements entered into under ORS 813.220 within
the preceding 10 years.
(d) The department may record other entries to indicate
correspondence, interviews, participation in driver improvement
programs or other matters concerning the status of the driving
privileges of the person.
(e) When a person from another jurisdiction applies for a
driver license or { + driver + } permit issued by this state,
the department shall request a copy of the person's driving
record from the other jurisdiction. At the time the person is
issued a license in Oregon, the record from the other
jurisdiction shall become part of the driver's record in this
state with the same force and effect as though entered on the
driver's record in this state in the original instance. The
department by rule may specify methods for converting entries
from out-of-state records for use in Oregon.
(f) When a suspension of a driver permit, driver license or
other driving privilege is placed on the driving record under ORS
809.280 for failure to appear in court on a traffic crime, the
department shall note on the record that the suspension was for
failure to appear in court and shall also note the offense
charged against the person on which the person failed to appear.
(g) The Department { + of Transportation + }, in consultation
with the Department of State Police, shall devise and implement a
method of noting suspensions and revocations of driving
privileges on the record in such a way that police agencies can
determine directly from the record what class of offense, as
Enrolled Senate Bill 1080 (SB 1080-A) Page 5
provided by law, is committed by a person who drives in violation
of the suspension or revocation. If the Department { + of
Transportation + } and the Department of State Police devise a
mutually agreeable alternative method of informing police
agencies of the nature of a suspension or revocation and the
consequences of its violation, the implementation of that method
shall satisfy the duty of the Department { + of
Transportation + } under this paragraph.
(10) The Department of Transportation shall maintain records of
judgments or convictions sent to the department under ORS
810.375.
(11) The department shall maintain accident reports filed with
the department under ORS 810.460 and 811.725 to 811.735.
(12) The department shall maintain records of bank checks or
money orders returned under ORS 802.110.
(13) The department shall maintain records of trip permits
issued by the department under ORS 803.600, as provided under
this subsection. The records required by this subsection shall
include the following:
(a) A description of the vehicle sufficient to identify the
vehicle.
(b) The person to whom the permit was issued.
(c) When the permit was issued.
(d) The type of permit issued.
(e) For registration weight trip permits, the maximum allowable
registration weight permitted for operation under the permit.
(f) Any other information the department determines appropriate
or convenient.
SECTION 9. ORS 807.040, as operative until July 1, 2008, is
amended to read:
807.040. (1) The Department of Transportation shall issue a
driver license to any person who complies with all of the
following requirements:
(a) The person must complete an application for a license under
ORS 807.050.
{ + (b) As required by sections 2 and 4 of this 2008 Act, the
person must present proof of both legal presence in the United
States and a Social Security number or, if the person is not
eligible for a Social Security number, proof of legal presence in
the United States and proof that the person is not eligible for a
Social Security number. + }
{ - (b) - } { + (c) + } The person must not be ineligible
for the license under ORS 807.060 and must be eligible for the
license under ORS 807.062.
{ - (c) - } { + (d) + } The person must successfully pass
all examination requirements under ORS 807.070 for the class of
license sought.
{ - (d) - } { + (e) + } The appropriate license fee under
ORS 807.370 for the class of license sought must be paid.
{ - (e) - } { + (f) + } The Student Driver Training Fund
eligibility fee must be paid.
{ - (f) - } { + (g) + } If the application is for a
commercial driver license, the person must be the holder of a
Class C license or any higher class of license.
{ - (g) - } { + (h) + } If the application is for a
commercial driver license, the person must submit to the
department, in a form approved by the department, the report of a
medical examination that establishes, to the satisfaction of the
department, that the person meets the medical requirements for
the particular class of license. The department, by rule, shall
Enrolled Senate Bill 1080 (SB 1080-A) Page 6
establish medical requirements for purposes of this paragraph.
The medical requirements established under this paragraph may
include any requirements the department determines are necessary
for the safe operation of vehicles permitted to be operated under
the class of license for which the requirements are established.
{ - (h) - } { + (i) + } If the application is for a
commercial driver license, the person must:
(A) Have at least one year's driving experience;
(B) Not be disqualified from holding a commercial driver
license under ORS 809.404; and
(C) Not be otherwise ineligible to hold a commercial driver
license.
(2) The department shall work with other agencies and
organizations to attempt to improve the issuance system for
driver licenses.
SECTION 10. ORS 807.040 is amended to read:
807.040. (1) The Department of Transportation shall issue a
driver license to any person who complies with all of the
following requirements:
(a) The person must complete an application for a license under
ORS 807.050.
{ + (b) As required by sections 2 and 4 of this 2008 Act, the
person must present proof of both legal presence in the United
States and a Social Security number or, if the person is not
eligible for a Social Security number, proof of legal presence in
the United States and proof that the person is not eligible for a
Social Security number. + }
{ - (b) - } { + (c) + } The person must submit to
collection of biometric data by the department that establish the
identity of the person as described in ORS 807.024.
{ - (c) - } { + (d) + } The person must not be ineligible
for the license under ORS 807.060 and must be eligible for the
license under ORS 807.062.
{ - (d) - } { + (e) + } The person must successfully pass
all examination requirements under ORS 807.070 for the class of
license sought.
{ - (e) - } { + (f) + } The person must pay the appropriate
license fee under ORS 807.370 for the class of license sought.
{ - (f) - } { + (g) + } The person must pay the Student
Driver Training Fund eligibility fee.
{ - (g) - } { + (h) + } If the application is for a
commercial driver license, the person must be the holder of a
Class C license or any higher class of license.
{ - (h) - } { + (i) + } If the application is for a
commercial driver license, the person must submit to the
department, in a form approved by the department, the report of a
medical examination that establishes that the person meets the
medical requirements for the particular class of license. The
department, by rule, shall establish medical requirements for
purposes of this paragraph. The medical requirements established
under this paragraph may include any requirements the department
determines are necessary for the safe operation of vehicles
permitted to be operated under the class of license for which the
requirements are established.
{ - (i) - } { + (j) + } If the application is for a
commercial driver license, the person must:
(A) Have at least one year's driving experience;
(B) Not be disqualified from holding a commercial driver
license under ORS 809.404; and
Enrolled Senate Bill 1080 (SB 1080-A) Page 7
(C) Not be otherwise ineligible to hold a commercial driver
license.
(2) The department shall work with other agencies and
organizations to attempt to improve the issuance system for
driver licenses.
SECTION 11. ORS 807.050 is amended to read:
807.050. An application for a license shall be in a form
approved by the Oregon Department of Transportation. An
application must contain all the following:
(1) The applicant's { - true - } { + full legal + } name,
age, sex, residence address, except as otherwise provided for
corrections officers in ORS 802.253, eligible employees in ORS
802.250 or Address Confidentiality Program participants in ORS
192.846, and post-office address other than general delivery. The
department may provide by rule for acceptance of something other
than an actual residence or post-office address if the department
determines that the applicant does not have an actual address.
The department shall require proof to verify the address in
addition to anything else the department may require of the
applicant.
(2) Whether or not the applicant has ever been issued any
driver license or driver permit. If the applicant has been issued
any license or driver permit:
(a) When the license or driver permit was granted;
(b) What jurisdiction granted the license or driver permit;
(c) Whether or not the driving privileges under the license or
driver permit are currently suspended or revoked; and
(d) If the driving privileges are revoked or suspended, the
date and reason for the suspension or revocation.
(3) The class of license sought.
(4) The Social Security number of the applicant or other number
or identifying information determined appropriate by the
Secretary of the United States Department of Transportation, if
the application is for a commercial driver license or if the
Oregon Department of Transportation by rule requires the Social
Security number on the application.
(5) Any other information the department deems necessary to
assist the department in determining whether the applicant is
qualified or eligible to be licensed.
SECTION 12. ORS 807.110, as operative until July 1, 2008, is
amended to read:
807.110. A license issued by the Department of Transportation
shall comply with all of the following:
(1) A license shall bear the distinguishing number assigned to
the person issued the license by the department.
(2) A license shall contain, for the purpose of identification,
a brief description of the person to whom the license is issued.
(3) A license shall contain { + :
(a) + } The { - name, - } { + full legal name of the person
to whom the license is issued, except that the department may
limit the number of characters displayed on the license;
(b) + } The date of birth { + of the person to whom the
license is issued; + } and { - , - }
{ + (c) + } Except as provided for corrections officers in
ORS 802.253, eligible employees in ORS 802.250 or Address
Confidentiality Program participants in ORS 192.846, the
residence address of the person to whom the license is issued
{ - and a space for the person's signature - } .
Enrolled Senate Bill 1080 (SB 1080-A) Page 8
(4) Upon request of the person to whom the license is issued, a
license shall indicate on the license the fact that the person is
an anatomical donor.
(5) Upon order of the juvenile court, a license shall indicate
on the license the fact that the person to whom the license is
issued is an emancipated minor.
(6) Except as otherwise provided in this subsection, a license
shall bear a photograph described in this subsection. The
{ - Director of Transportation - } { + department + }, by
rule, may provide for issuance of a valid license without a
photograph if the applicant shows good cause. The
{ - director - } { + department + } shall include religious
preferences as good cause for issuance of a license without a
photograph but { - shall - } { + need + } not limit good
cause to religious grounds. A photograph required under this
subsection shall:
(a) Be a full-faced, color photograph of the person to whom the
license is issued;
(b) Be of a size approved by the department; and
(c) Be taken at the time of application for issuance of the
license whether the application is for an original license,
replacement of a license under ORS 807.160 or for renewal of a
license under ORS 807.150.
{ - (7) A license is not valid until signed by the person to
whom it is issued. - }
{ + (7) A license shall contain the signature of the person
to whom the license is issued. + }
(8) A license shall indicate the class of license issued and
any endorsements granted. If the license is a commercial driver
license, the words 'commercial driver license' or the letters '
CDL' shall appear on the license.
(9) The department shall use such security procedures,
processes and materials in the preparation, manufacture and
issuance of any license that prohibit as nearly as possible
anyone's ability to alter, counterfeit, duplicate or modify the
license without ready detection. The security features used in
the production of the licenses shall provide for the rapid
authentication of a genuine document.
SECTION 13. ORS 807.110 is amended to read:
807.110. (1) A license issued by the Department of
Transportation shall contain all of the following:
(a) The distinguishing number assigned to the person issued the
license by the department.
(b) For the purpose of identification, a brief description of
the person to whom the license is issued.
(c) The { - name, - } { + full legal name of the person to
whom the license is issued, except that the department may limit
the number of characters displayed on the license. + }
{ + (d) + } The date of birth { + of the person to whom the
license is issued. + } { - and, - }
{ + (e) + } Except as provided for corrections officers in
ORS 802.253, eligible employees in ORS 802.250 or Address
Confidentiality Program participants in ORS 192.846, the
residence address of the person to whom the license is issued
{ - and a space for the person's signature - } .
{ - (d) - } { + (f) + } Upon request of the person to whom
the license is issued, the fact that the person is an anatomical
donor.
Enrolled Senate Bill 1080 (SB 1080-A) Page 9
{ - (e) - } { + (g) + } Upon order of the juvenile court,
the fact that the person to whom the license is issued is an
emancipated minor.
{ - (f) - } { + (h) + } Except as otherwise provided in
{ - this paragraph - } { + subsection (2) of this section + },
a photograph described in this paragraph. { - The Director of
Transportation, by rule, may provide for issuance of a valid
license without a photograph if the applicant shows good cause.
The director shall include religious preferences as good cause
for issuance of a license without a photograph but shall not
limit good cause to religious grounds. - } A photograph required
under this paragraph shall:
(A) Be a full-faced, color photograph of the person to whom the
license is issued;
(B) Be of a size approved by the department; and
(C) Be taken at the time of application for issuance of the
license whether the application is for an original license,
replacement of a license under ORS 807.160 or for renewal of a
license under ORS 807.150 { + , except that the department, by
rule, may allow the applicant to use a photograph already on file
with the department + }.
{ - (g) - } { + (i) + } The class of license issued and any
endorsements granted. If the license is a commercial driver
license, the words ' commercial driver license' or the letters
'CDL' shall appear on the license.
{ + (j) The signature of the person to whom the license is
issued. + }
{ - (2) A license is not valid until signed by the person to
whom it is issued. - }
{ + (2) The department may issue a valid license without a
photograph to an applicant who objects either on religious
grounds or because of the applicant's facial disfigurement.
(3) A limited term driver license issued under section 4 of
this 2008 Act shall indicate:
(a) That it is a limited term driver license; and
(b) The date on which the limited term driver license
expires. + }
{ - (3) - } { + (4) + } The department shall use security
procedures, processes and materials in the preparation,
manufacture and issuance of any license that prohibit as nearly
as possible anyone's ability to alter, counterfeit, duplicate or
modify the license without ready detection. The security features
used in the production of the licenses shall provide for:
(a) The authentication of a genuine document in a reasonable
time; and
(b) The production of the license only by equipment that
requires verification of the identity of the operator of the
equipment before a license may be produced.
SECTION 14. ORS 807.024 is amended to read:
807.024. (1) A person who applies for issuance, renewal or
replacement of a driver license, driver permit or identification
card shall submit to collection of biometric data by the
Department of Transportation for the purpose of establishing the
person's identity. Submitting to collection of biometric data
under this section does not excuse a person from responsibility
for complying with requirements for proof of identity, age or
residence pursuant to ORS 807.050.
{ + (2) Notwithstanding subsection (1) of this section and
ORS 807.040 (1)(c), the department, by rule, may provide for
Enrolled Senate Bill 1080 (SB 1080-A) Page 10
issuance, renewal or replacement of a valid driver license or
driver permit without the collection of biometric data. + }
{ - (2) - } { + (3) + } For purposes of this section, a
person's identity is established if:
(a) The department finds that the biometric data collected as
required under subsection (1) of this section match the biometric
data that are already in the department's records for that
person; or
(b) The department finds that the biometric data collected as
required under subsection (1) of this section do not match
biometric data in the department's records for any other person
and the department does not otherwise have reason to believe that
the person is not who the person claims to be.
{ - (3) - } { + (4) + } If a person's identity is
established as described in subsection { - (2) - }
{ + (3) + } of this section, the department shall mail the
driver license, driver permit or identification card to the
address provided by the person when the person applied for the
issuance, renewal or replacement of the license, permit or
identification card.
{ - (4) - } { + (5) + } If a person's identity is not
established as described in subsection { - (2) - }
{ + (3) + } of this section, the department shall:
(a) Inform the person who submitted to collection of biometric
data that the person's identity was not established; and
(b) Provide the person with the opportunity to establish the
person's identity by an alternative method approved by the
department by rule.
{ - (5) - } { + (6) + } If a person's identity was not
established as described in subsection { - (2) - }
{ + (3) + } of this section and the department has reason to
believe that the crime of identity theft, as described in ORS
165.800, was committed by the person currently submitting to
collection of biometric data or by a person who previously
submitted to collection of biometric data under the identity of
the person currently submitting to collection of biometric data,
the department shall notify a law enforcement agency that has
jurisdiction over the crime.
{ - (6) - } { + (7) + } The department by rule shall
establish procedures for providing expedited processing of driver
licenses, driver permits or identification cards.
{ - (7) - } { + (8) + } The department and employees of the
department are immune from liability for any damages resulting
from the issuance, renewal or replacement of a driver license,
driver permit or identification card under another person's
identity if the employee who processed the biometric data for a
license, permit or identification card established the
applicant's identity as described in subsection { - (2) - }
{ + (3) + } of this section.
SECTION 15. ORS 807.130 is amended to read:
807.130. (1) { - Except as otherwise provided in this
section, - } A license that is issued as an original license and
not as a license that is renewed expires on the anniversary of
the licensee's birthday in the eighth calendar year after the
year of issuance.
(2) A license that is renewed under ORS 807.150 expires eight
years from the specified expiration date of the immediately
preceding license.
{ + (3) Notwithstanding subsections (1) and (2) of this
section, a license that is issued to a person who is not a
Enrolled Senate Bill 1080 (SB 1080-A) Page 11
citizen or permanent legal resident of the United States expires
on the date the licensee is no longer authorized to stay in the
United States, as indicated by the documentation the person
presented to the Department of Transportation to provide proof of
legal presence in the United States as required by sections 2 and
4 of this 2008 Act, but no longer than eight years from the date
of issuance or, if there is no definite end to the authorized
stay, after a period of one year. + }
{ - (3) - } { + (4) + } A license that has expired does not
grant driving privileges and is not valid evidence of driving
privileges.
SECTION 16. ORS 807.162 is amended to read:
807.162. { - (1) - } Prior to issuing a replacement
identification card, driver permit or driver license to a person
who is applying in person, the Department of Transportation shall
require { - one of the following proofs of identity in addition
to the proofs of identity, age and residence required by
rule: - } { + the person to present:
(1) As required by sections 2 and 4 of this 2008 Act, proof of
both legal presence in the United States and a Social Security
number, or, if the person is not eligible for a Social Security
number, proof of legal presence in the United States and proof
that the person is not eligible for a Social Security number.
(2) Proof of identity, date of birth and address. The
department shall determine by rule what documents are acceptable
to prove identity, date of birth and address. + }
{ - (a) An original or certified copy of a birth
certificate. - }
{ - (b) A photo identification card including but not limited
to a military or armed forces identification card, an alien
registration card, a passport or a valid state or Canadian
identification card. - }
{ - (2) For the purposes of subsection (1) of this section, '
birth certificate' means a certificate issued by the State of
Oregon or another jurisdiction. 'Birth certificate' does not
include a hospital birth certificate, a hospital card, a birth
registration or a baptismal certificate. - }
{ - (3) Subsection (1) of this section does not apply if the
Department of Transportation is able to verify the person's
identification through a duplicate image of a photograph retained
by the department under ORS 807.115. - }
SECTION 17. ORS 807.370 is amended to read:
807.370. The following are the fees relating to the issuance
and renewal of licenses, driver permits and endorsements:
(1) Disability golf cart driver permit fees under ORS 807.210,
as follows:
(a) For issuance, { - $38.50 - } { + $43 + }.
(b) For renewal fee under ORS 807.210, { - $26.50 - } { +
$31 + }.
(2) Emergency driver permit fee under ORS 807.220,
{ - $18 - } { + $22.50 + }.
(3) Instruction driver permit fees under ORS 807.280, as
follows:
(a) For issuance, { - $18 - } { + $22.50 + }.
(b) For renewal, { - $18 - } { + $22.50 + }.
(4)(a) License issuance fee for a Class C license,
{ - $48.50 - } { + $53 + }.
(b) Fee to take the knowledge test for a Class C license, $5.
(c) Fee to take the skills test for a Class C license, $9.
(5) License issuance fee for a restricted Class C license,
Enrolled Senate Bill 1080 (SB 1080-A) Page 12
{ - $48.50 - } { + $53 + }.
(6) License issuance fee for a commercial driver license,
whether or not the license contains endorsements, { - $70 - }
{ + $74.50 + }.
(7) Test fees for a commercial driver license or permit:
(a) To take the knowledge test for a Class A commercial license
or permit, $10.
(b) To take the skills test for a Class A commercial license,
$70.
(c) To take the knowledge test for a Class B commercial license
or permit, $10.
(d) To take the skills test for a Class B commercial license,
$70.
(e) To take the knowledge test for a Class C commercial license
or permit, $10.
(f) To take the skills test for a Class C commercial license,
$70.
(8) Notwithstanding subsection (6) of this section, for
issuance of a commercial driver license of any class when the
Department of Transportation accepts a certificate of competency
issued under ORS 807.080, $40 in addition to the fee under
subsection (6) of this section.
(9) Notwithstanding subsection (6) of this section, for
original issuance of a school bus endorsement to a person who has
a commercial driver license with a passenger endorsement:
(a) $21; or
(b) $61 if the department accepts a certificate of competency
issued under ORS 807.080.
(10) For a farm endorsement, $26.
(11) Test fees for the knowledge test for endorsements other
than motorcycle and farm endorsements:
(a) For a hazardous materials endorsement, $10.
(b) For a tank vehicle endorsement, $10.
(c) For a passenger endorsement, $10.
(d) For a double and triple trailer endorsement, $10.
(e) For a school bus endorsement, $10.
(12) Fee to take an airbrake knowledge test, $10.
(13) Fee to take an airbrake skills test to remove an airbrake
restriction, $56.
(14) License renewal fee for a commercial driver license,
{ - $50 - } { + $54.50 + }.
(15) License renewal fee for a Class C license,
{ - $28.50 - } { + $33 + }.
(16) License or driver permit replacement fee under ORS
807.160, { - $21 - } { + $25.50 + }.
(17) Original endorsement issuance fee under ORS 807.170 for a
motorcycle endorsement, $46, in addition to any fees for the
endorsed license.
(18) Special student driver permit fee under ORS 807.230,
{ - $18 - } { + $22.50 + }.
(19) Student Driver Training Fund eligibility fee under ORS
807.040 and 807.150, $6.
(20) Motorcycle Safety Subaccount fee as follows:
(a) Upon original issuance of motorcycle endorsements under ORS
807.170, $28.
(b) Upon renewal of a license with a motorcycle endorsement
under ORS 807.170, $28.
(21) Probationary driver permit application fee under ORS
807.270, $50.
Enrolled Senate Bill 1080 (SB 1080-A) Page 13
(22) Hardship driver permit application fee under ORS 807.240,
$50.
(23) Fee for reinstatement of revoked driving privileges under
ORS 809.390, $75.
(24) Fee for reinstatement of suspended driving privileges
under ORS 809.380, $75.
(25) Fee for reinstatement of right to apply for driving
privileges after a delay under ORS 809.280 (10) (1997 Edition),
the same as the fee for reinstatement of suspended driving
privileges.
(26) Fee for a special limited vision condition learner's
permit under ORS 807.359, $13.
SECTION 18. { + The amendments to ORS 807.370 by section 17 of
this 2008 Act become operative July 1, 2008. + }
SECTION 19. ORS 807.370, as amended by section 17 of this 2008
Act, is amended to read:
807.370. The following are the fees relating to the issuance
and renewal of licenses, driver permits and endorsements:
(1) Disability golf cart driver permit fees under ORS 807.210,
as follows:
(a) For issuance, { - $43.00 - } { + $44 + }.
(b) For renewal fee under ORS 807.210, { - $31.00 - } { +
$32 + }.
(2) Emergency driver permit fee under ORS 807.220,
{ - $22.50 - } { + $23.50 + }.
(3) Instruction driver permit fees under ORS 807.280, as
follows:
(a) For issuance, { - $22.50 - } { + $23.50 + }.
(b) For renewal, { - $22.50 - } { + $23.50 + }.
(4)(a) License issuance fee for a Class C license,
{ - $53.00 - } { + $54 + }.
(b) Fee to take the knowledge test for a Class C license, $5.
(c) Fee to take the skills test for a Class C license, $9.
(5) License issuance fee for a restricted Class C license,
{ - $53.00 - } { + $54 + }.
(6) License issuance fee for a commercial driver license,
whether or not the license contains endorsements,
{ - $74.50 - } { + $75.50 + }.
(7) Test fees for a commercial driver license or permit:
(a) To take the knowledge test for a Class A commercial license
or permit, $10.
(b) To take the skills test for a Class A commercial license,
$70.
(c) To take the knowledge test for a Class B commercial license
or permit, $10.
(d) To take the skills test for a Class B commercial license,
$70.
(e) To take the knowledge test for a Class C commercial license
or permit, $10.
(f) To take the skills test for a Class C commercial license,
$70.
(8) Notwithstanding subsection (6) of this section, for
issuance of a commercial driver license of any class when the
Department of Transportation accepts a certificate of competency
issued under ORS 807.080, $40 in addition to the fee under
subsection (6) of this section.
(9) Notwithstanding subsection (6) of this section, for
original issuance of a school bus endorsement to a person who has
a commercial driver license with a passenger endorsement:
(a) $21; or
Enrolled Senate Bill 1080 (SB 1080-A) Page 14
(b) $61 if the department accepts a certificate of competency
issued under ORS 807.080.
(10) For a farm endorsement, $26.
(11) Test fees for the knowledge test for endorsements other
than motorcycle and farm endorsements:
(a) For a hazardous materials endorsement, $10.
(b) For a tank vehicle endorsement, $10.
(c) For a passenger endorsement, $10.
(d) For a double and triple trailer endorsement, $10.
(e) For a school bus endorsement, $10.
(12) Fee to take an airbrake knowledge test, $10.
(13) Fee to take an airbrake skills test to remove an airbrake
restriction, $56.
(14) License renewal fee for a commercial driver license,
{ - $54.50 - } { + $55.50 + }.
(15) License renewal fee for a Class C license,
{ - $33.00 - } { + $34 + }.
(16) License or driver permit replacement fee under ORS
807.160, { - $25.50 - } { + $26.50 + }.
(17) Original endorsement issuance fee under ORS 807.170 for a
motorcycle endorsement, $46, in addition to any fees for the
endorsed license.
(18) Special student driver permit fee under ORS 807.230,
{ - $22.50 - } { + $23.50 + }.
(19) Student Driver Training Fund eligibility fee under ORS
807.040 and 807.150, $6.
(20) Motorcycle Safety Subaccount fee as follows:
(a) Upon original issuance of motorcycle endorsements under ORS
807.170, $28.
(b) Upon renewal of a license with a motorcycle endorsement
under ORS 807.170, $28.
(21) Probationary driver permit application fee under ORS
807.270, $50.
(22) Hardship driver permit application fee under ORS 807.240,
$50.
(23) Fee for reinstatement of revoked driving privileges under
ORS 809.390, $75.
(24) Fee for reinstatement of suspended driving privileges
under ORS 809.380, $75.
(25) Fee for reinstatement of right to apply for driving
privileges after a delay under ORS 809.280 (10) (1997 Edition),
the same as the fee for reinstatement of suspended driving
privileges.
(26) Fee for a special limited vision condition learner's
permit under ORS 807.359, $13.
{ + (27)(a) License issuance fee for a Class C limited term
license, $23.
(b) Fee to take the knowledge test for a Class C limited term
license, $5.
(c) Fee to take the skills test for a Class C limited term
license, $9.
(28) License issuance fee for a restricted Class C limited term
license, $23.
(29) License issuance fee for a limited term commercial driver
license, whether or not the license contains endorsements, $45.
(30) License renewal fee for a limited term commercial driver
license, $14.
(31) License renewal fee for a Class C limited term license,
$8.
Enrolled Senate Bill 1080 (SB 1080-A) Page 15
(32) Limited term license or limited term driver permit
replacement fee under ORS 807.160, $26.50.
(33) Limited term Student Driver Training Fund eligibility fee
under ORS 807.040 and 807.150, $2. + }
SECTION 20. { + The amendments to ORS 807.370 by section 19 of
this 2008 Act become operative January 1, 2010. + }
SECTION 21. ORS 807.400, as operative until July 1, 2008, is
amended to read:
807.400. (1) The Department of Transportation shall issue an
identification card to any person who:
(a) Is domiciled in or { + is a + } resident of this state, as
described in ORS 807.062;
{ + (b) As required by sections 2 and 4 of this 2008 Act,
furnishes proof of both legal presence in the United States and a
Social Security number, or, if the person is not eligible for a
Social Security number, proof of legal presence in the United
States and proof that the person is not eligible for a Social
Security number; + }
{ - (b) - } { + (c) + } Does not have a current, valid
driver license; and
{ - (c) - } { + (d) + } Furnishes { - such - } evidence
of the person's { + full legal name, + } age and identity as the
department may require.
(2) The department shall work with other agencies and
organizations to attempt to improve the issuance system for
identification cards.
(3) Every original application for an identification card must
be signed by the applicant. The department shall require at least
one document to verify the address of an applicant for issuance
of an identification card in addition to other documents the
department may require of the applicant. If the address of an
applicant has changed since the last time an identification card
was issued to or renewed for the applicant, the department shall
require proof to verify the address of { - an - } { + the + }
applicant for renewal of an identification card, in addition to
anything else the department may require.
(4) Every identification card shall be issued upon the standard
license form described under ORS 807.110 and shall bear a
statement to the effect that the identification card is not a
license or any other grant of driving privileges to operate a
motor vehicle and is to be used for identification purposes only.
The department shall use the same security procedures, processes,
materials and features for an identification card as are required
for a license under ORS 807.110. The identification card is not
required to contain the residence address of persons listed in
ORS 807.110 (3).
{ + (5) If the identification card is a limited term
identification card issued under section 4 of this 2008 Act, the
limited term identification card shall indicate:
(a) That it is a limited term identification card; and
(b) The date on which the limited term identification card
expires. + }
{ - (5) - } { + (6) + } Upon order of the juvenile court,
the department shall include on the card the fact that the person
issued the identification card is an emancipated minor.
{ - (6) - } { + (7) + } Each original identification card
shall expire on a date consistent with the expiration dates of
licenses as set forth in ORS 807.130.
Enrolled Senate Bill 1080 (SB 1080-A) Page 16
{ - (7) - } { + (8) + } Identification cards shall be
renewed under the terms for renewal of licenses as set forth in
ORS 807.150.
{ - (8) - } { + (9) + } The fee for an original
identification card or a renewal thereof shall be the fee
established under ORS 807.410. In no event shall the issuance or
renewal of an identification card be subject to any fee in
addition to that set forth in ORS 807.410.
{ - (9) - } { + (10) + } An identification card becomes
invalid if the holder of the card changes { + the holder's + }
residence address from that shown on the identification card and
does not provide the department with notice of the change as
required under ORS 807.420.
{ - (10) - } { + (11) + } If a person to whom an
identification card was issued and who changes { + the
person's + } residence address appears in person at a department
office that issues identification cards, the department may do
any of the following:
(a) Issue a replacement identification card containing the new
address upon receipt of the old identification card and payment
of the fee established for issuing a replacement identification
card with a changed address under ORS 807.410. Except as
otherwise provided in subsection { - (12) - } { + (13) + } of
this section, the replacement identification card shall bear the
same distinguishing number as the card being replaced.
(b) Note the new address on the old identification card in a
manner to be determined by the department { + by rule + }.
{ - (11) - } { + (12) + } An identification card becomes
invalid if the holder of the card changes the { - person's - }
{ + holder's + } name from that shown on the card, including a
change of name by marriage, without providing the department with
notice of the change as required under ORS 807.420. Upon
receiving such notice and the old identification card, the
department shall issue a replacement identification card upon
payment of the fee required under ORS 807.410.
{ - (12) - } { + (13) + } In the event that, for a reason
identified by the department by rule, a person needs a
replacement identification card that bears a { - different - }
distinguishing number { + different + } from the { + number on
the + } card being replaced, the person to whom the card was
issued may obtain a replacement card from the department upon
furnishing proof satisfactory to the department of the need for
such replacement and payment of the replacement fee under ORS
807.410.
{ - (13) - } { + (14) + } The department may establish by
rule reasons for issuing replacement identification cards that
are in addition to the reasons identified in subsections
{ - (10) to (12) - } { + (11) to (13) + } of this section. The
fee for a replacement identification card is provided under ORS
807.410.
{ - (14) - } { + (15) + } Upon cancellation of an
identification card, the card is terminated and must be
surrendered to the department. An identification card may be
canceled for any of the reasons that driving privileges or a
{ + driver + } license may be canceled under ORS 809.310. The
department may reissue an identification card canceled under this
subsection when the applicant has satisfied all requirements for
the identification card.
{ - (15) - } { + (16) + } Notwithstanding any other
provision of this section, the department may issue an
Enrolled Senate Bill 1080 (SB 1080-A) Page 17
identification card to a person under this subsection without
charge when the person surrenders { - a - } { + the person's
driver + } license or driver permit to the department for reasons
described in this subsection. If the department issues an
identification card under this subsection, the identification
card shall expire at the same time as the surrendered driver
license or driver permit would have expired. An identification
card issued under this subsection is subject to the same
requirements and fees for renewal or upon expiration as any other
identification card issued under this section. The department may
issue identification cards under this subsection
{ - as described under - } { + for + } any of the
following { + reasons + }:
(a) The { - department may issue an identification card under
this subsection to a - } person { - who - } voluntarily
surrenders { - a - } { + the person's driver + } license or
driver permit to the department based upon the person's
recognition that the person is no longer competent to drive.
(b) The { - department may issue an identification card to a
person under this subsection when the - } person's driving
privileges are suspended under ORS 809.419 (1). This paragraph
only applies if the person voluntarily surrenders the person's
{ + driver + } license or driver permit to the department as
provided under ORS 809.500.
SECTION 22. ORS 807.400 is amended to read:
807.400. (1) The Department of Transportation shall issue an
identification card to any person who:
(a) Is domiciled in or { + is a + } resident of this state, as
described in ORS 807.062;
{ + (b) As required by sections 2 and 4 of this 2008 Act,
furnishes proof of both legal presence in the United States and a
Social Security number, or, if the person is not eligible for a
Social Security number, proof of legal presence in the United
States and proof that the person is not eligible for a Social
Security number; + }
{ - (b) - } { + (c) + } Does not have a current, valid
driver license;
{ - (c) - } { + (d) + } Furnishes { - such - } evidence
of the person's { + full legal name, + } age and identity as the
department may require; and
{ - (d) - } { + (e) + } Submits to collection of biometric
data by the department that establish the identity of the person
as provided in ORS 807.024.
(2) The department shall work with other agencies and
organizations to attempt to improve the issuance system for
identification cards.
(3) Every original application for an identification card must
be signed by the applicant. The department shall require at least
one document to verify the address of an applicant for issuance
of an identification card in addition to other documents the
department may require of the applicant. If the address of an
applicant has changed since the last time an identification card
was issued to or renewed for the applicant, the department shall
require proof to verify the address of { - an - } { + the + }
applicant for renewal of an identification card, in addition to
anything else the department may require.
(4) Every identification card shall be issued upon the standard
license form described under ORS 807.110 and shall bear a
statement to the effect that the identification card is not a
license or any other grant of driving privileges to operate a
Enrolled Senate Bill 1080 (SB 1080-A) Page 18
motor vehicle and is to be used for identification purposes only.
The department shall use the same security procedures, processes,
materials and features for an identification card as are required
for a license under ORS 807.110. The identification card is not
required to contain the residence address of persons listed in
ORS 807.110 { - (1)(c) - } { + (1)(e) + }.
{ + (5) If the identification card is a limited term
identification card issued under section 4 of this 2008 Act, the
limited term identification card shall indicate:
(a) That it is a limited term identification card; and
(b) The date on which the limited term identification card
expires. + }
{ - (5) - } { + (6) + } Upon order of the juvenile court,
the department shall include on the card the fact that the person
issued the identification card is an emancipated minor.
{ - (6) - } { + (7) + } Each original identification card
shall expire on a date consistent with the expiration dates of
licenses as set forth in ORS 807.130.
{ - (7) - } { + (8) + } Identification cards shall be
renewed under the terms for renewal of licenses as set forth in
ORS 807.150.
{ - (8) - } { + (9) + } The fee for an original
identification card or a renewal thereof shall be the fee
established under ORS 807.410.
{ - (9) - } { + (10) + } An identification card becomes
invalid if the holder of the card changes { + the holder's + }
residence address from that shown on the identification card and
does not provide the department with notice of the change as
required under ORS 807.420.
{ - (10) - } { + (11) + } If a person to whom an
identification card was issued and who changes { + the
person's + } residence address appears in person at a department
office that issues identification cards, the department may do
any of the following:
(a) Issue a replacement identification card containing the new
address upon receipt of the old identification card and payment
of the fee established for issuing a replacement identification
card with a changed address under ORS 807.410. Except as
otherwise provided in subsection { - (12) - } { + (13) + } of
this section, the replacement identification card shall bear the
same distinguishing number as the card being replaced.
(b) Note the new address on the old identification card in a
manner to be determined by the department { + by rule + }.
{ - (11) - } { + (12) + } An identification card becomes
invalid if the holder of the card changes the { - person's - }
{ + holder's + } name from that shown on the card, including a
change of name by marriage, without providing the department with
notice of the change as required under ORS 807.420. Upon
receiving such notice and the old identification card, the
department shall issue a replacement identification card upon
payment of the fee required under ORS 807.410.
{ - (12) - } { + (13) + } In the event that, for a reason
identified by the department by rule, a person needs a
replacement identification card that bears a { - different - }
distinguishing number { + different + } from the { + number on
the + } card being replaced, the person to whom the card was
issued may obtain a replacement card from the department upon
furnishing proof satisfactory to the department of the need for
such replacement and payment of the replacement fee under ORS
807.410.
Enrolled Senate Bill 1080 (SB 1080-A) Page 19
{ - (13) - } { + (14) + } The department may establish by
rule reasons for issuing replacement identification cards that
are in addition to the reasons identified in subsections
{ - (10) to (12) - } { + (11) to (13) + } of this section. The
fee for a replacement identification card is provided under ORS
807.410.
{ - (14) - } { + (15) + } Upon cancellation of an
identification card, the card is terminated and must be
surrendered to the department. An identification card may be
canceled for any of the reasons that driving privileges or a
{ + driver + } license may be canceled under ORS 809.310. The
department may reissue an identification card canceled under this
subsection when the applicant has satisfied all requirements for
the identification card.
{ - (15) - } { + (16) + } Notwithstanding any other
provision of this section, the department may issue an
identification card to a person under this subsection without
charge when the person surrenders { - a - } { + the person's
driver + } license or driver permit to the department for reasons
described in this subsection. If the department issues an
identification card under this subsection, the identification
card shall expire at the same time as the surrendered driver
license or driver permit would have expired. An identification
card issued under this subsection is subject to the same
requirements and fees for renewal or upon expiration as any other
identification card issued under this section. The department may
issue identification cards under this subsection
{ - as described under - } { + for + } any of the
following { + reasons + }:
(a) The { - department may issue an identification card under
this subsection to a - } person { - who - } voluntarily
surrenders { - a - } { + the person's driver + } license or
driver permit to the department based upon the person's
recognition that the person is no longer competent to drive.
(b) The { - department may issue an identification card to a
person under this subsection when the - } person's driving
privileges are suspended under ORS 809.419 (1). This paragraph
only applies if the person voluntarily surrenders the person's
{ + driver + } license or driver permit to the department as
provided under ORS 809.500. { + + }
SECTION 23. ORS 807.410 is amended to read:
807.410. This section establishes the fees relating to
identification cards. The following fees apply to identification
cards unless otherwise provided by ORS 807.400 or otherwise
provided by law:
(1) For issuance of an original identification card,
{ - $29 - } { + $33.50 + }. This subsection does not require a
fee for issuance when ORS 807.400 provides for issuance of an
identification card without charge of a fee.
(2) For renewal of an identification card, { - $25 - } { +
$29.50 + }.
(3) For replacement of an identification card, { - $24 - }
{ + $28.50 + }.
(4) For reinstatement of an identification card after
suspension, $75.
SECTION 24. { + The amendments to ORS 807.410 by section 23 of
this 2008 Act become operative July 1, 2008. + }
SECTION 25. ORS 807.410, as amended by section 23 of this 2008
Act, is amended to read:
Enrolled Senate Bill 1080 (SB 1080-A) Page 20
807.410. This section establishes the fees relating to
identification cards. The following fees apply to identification
cards unless otherwise provided by ORS 807.400 or otherwise
provided by law:
(1) For issuance of an original identification card,
{ - $33.50 - } { + $34.50 + }. This subsection does not
require a fee for issuance when ORS 807.400 provides for issuance
of an identification card without charge of a fee.
(2) For renewal of an identification card, { - $29.50 - }
{ + $30.50 + }.
(3) For replacement of an identification card, { - $28.50 - }
{ + $29.50 + }.
(4) For reinstatement of an identification card after
suspension, $75.
{ + (5) For issuance of an original limited term
identification card, $10.
(6) For renewal of a limited term identification card, $8.
(7) For replacement of a limited term identification card,
$29.50. + }
SECTION 26. { + The amendments to ORS 807.410 by section 25 of
this 2008 Act become operative January 1, 2010. + }
SECTION 27. ORS 807.310 is amended to read:
807.310. (1) The Department of Transportation shall provide for
the issuance of applicant temporary driver permits in a manner
consistent with this section.
(2) The department may issue an applicant temporary driver
permit to an applicant for a { + driver + } license or for a
driver permit while the department is determining all facts
relative to application for the { + driver + } license or driver
permit. The department shall set forth on the applicant temporary
driver permit the driving privileges granted under the permit.
(3) The holder of an applicant temporary driver permit must
have the temporary driver permit on the holder's person while
operating a motor vehicle. The holder of an applicant temporary
driver permit must operate within the driving privileges granted
under the temporary driver permit.
(4) An applicant temporary driver permit { - shall be - }
{ + is + } valid for a period of 30 days from the date issued.
The department may extend the term of the permit for sufficient
cause. An extension of the term of the permit { - shall not be
for more than 30 - } { + may not exceed an + } additional
{ + 30 + } days. { - An applicant temporary driver permit
automatically becomes invalid if the applicant's license or
permit is issued or refused for good cause. - }
{ + (5) Notwithstanding section 11, chapter 775, Oregon Laws
2005, if an applicant has complied with all the requirements for
an application for a driver license or driver permit, except that
the applicant is unable to produce the documentation required by
the department under sections 2 and 4 of this 2008 Act, the
department, at the time of application, may issue to the
applicant an applicant temporary driver permit as provided in
this section if the applicant certifies that the applicant is, to
the best of the applicant's knowledge, legally present in the
United States.
(6) An applicant temporary driver permit issued to an applicant
under subsection (5) of this section is valid for a period of 90
days from the date issued. The department may extend the term of
the permit for sufficient cause. An extension of the term of the
permit may not exceed an additional 60 days.
Enrolled Senate Bill 1080 (SB 1080-A) Page 21
(7) An applicant temporary driver permit automatically becomes
invalid if the applicant's license or permit is issued or refused
for good cause. + }
{ - (5) - } { + (8) + } { - No fee shall be charged - }
{ + The department may not charge a fee + } for issuance of an
applicant temporary driver permit under this section.
SECTION 28. ORS 807.405 is amended to read:
807.405. (1) The Department of Transportation shall provide for
the issuance of applicant temporary identification cards in a
manner consistent with this section.
(2) The department may issue an applicant temporary
identification card to an applicant while the department is
determining all facts relative to the application for an
identification card.
(3) An applicant temporary identification card { - shall
be - } { + is + } valid for a period of 30 days from the date
issued. The department may extend the term of the applicant
temporary identification card for sufficient cause. An extension
of the term of the applicant temporary identification card may
not { - be for more than 30 - } { + exceed an + } additional
{ + 30 + } days. { - An applicant temporary identification
card automatically becomes invalid if the applicant's
identification card is issued or refused for good cause. - }
{ + (4) Notwithstanding section 11, chapter 775, Oregon Laws
2005, if an applicant has complied with all the requirements for
an application for an identification card, except that the
applicant is unable to produce the documentation required by the
department under sections 2 and 4 of this 2008 Act, the
department, at the time of application, may issue to the
applicant an applicant temporary identification card as provided
in this section if the applicant certifies that the applicant is,
to the best of the applicant's knowledge, legally present in the
United States.
(5) An applicant temporary identification card issued to an
applicant under subsection (4) of this section is valid for a
period of 90 days from the date issued. The department may extend
the term of the permit for sufficient cause. An extension of the
term of the permit may not exceed an additional 60 days.
(6) An applicant temporary identification card automatically
becomes invalid if the applicant's identification card is issued
or refused for good cause. + }
{ - (4) - } { + (7) + } The department may not charge a fee
for issuance of an applicant temporary identification card under
this section.
SECTION 29. ORS 811.603 is amended to read:
811.603. (1) The Department of Transportation shall issue
{ - an - } { + a parking + } identification card without a
photograph to an applicant for a disabled person parking permit
if the applicant does not have a driver license { + , + }
{ - or - } { + a driver + } permit or an identification card
issued by the department under ORS 807.400 and if the applicant
submits a statement from a physician that it would be impractical
or harmful to the applicant, because of medical or physical
condition, to appear at an office of the department and be
photographed for an identification card.
(2) The department shall determine by rule the terms,
conditions and requirements of { - an - } { + a parking + }
identification card issued under this section except that the
department may not require either that an applicant appear
Enrolled Senate Bill 1080 (SB 1080-A) Page 22
personally in order to receive or renew a card or that the card
contain a photograph.
SECTION 30. ORS 811.604 is amended to read:
811.604. (1) Application for issuance of a disabled person
parking permit in the form of an individual placard or decal
issued under ORS 811.602 shall include:
(a) A certificate by a licensed physician, a certified nurse
practitioner or a licensed physician assistant to the Department
of Transportation that the applicant is a person with a
disability or a certificate by a licensed optometrist that the
applicant is a person with a disability because of loss of vision
or substantial loss of visual acuity or visual field beyond
correction; and
(b) The number of a current, valid driver license, golf cart
driver permit { + , + } { - or - } identification card { + or
parking + } { + identification card + } issued to the applicant
by the department.
(2) Application for renewal of a disabled person parking permit
shall be a signed statement from the holder of the permit saying
that the person is still qualified to hold the permit.
SECTION 31. ORS 811.605 is amended to read:
811.605. (1) An applicant for an individual placard or decal
issued by the Department of Transportation under ORS 811.602 must
have a driver license, a disability golf cart driver
permit { + , + } { - or - } an identification card { + or a
parking identification card + } issued by the department. The
placard or decal shall be valid so long as the license,
permit { + , + } { - or - } identification card { + or
parking identification card + } is valid and may be renewed when
the license, permit or card is renewed.
(2) An individual placard or decal shall contain an expiration
date that is visible from outside the vehicle when the placard or
decal is displayed on or in the vehicle. The expiration date
shall be the same as the expiration date of the driver license,
golf cart driver permit { + , + } { - or - } identification
card { + or parking identification card + } of the holder of the
placard.
SECTION 32. ORS 811.606 is amended to read:
811.606. The Department of Transportation may issue a placard
showing an expiration date not to exceed six months after the
date of issuance for use by persons with temporary disabilities
upon submission by the applicant of a certificate described in
ORS 811.604 except that it certifies that the applicant has a
temporary disability for less than four years. An applicant for a
temporary { + disabled person parking + } permit need not have a
driver license, { + a driver + } permit { + , + } { - or - }
{ + an + } identification card { + or a parking identification
card + }.
SECTION 33. ORS 97.953 is amended to read:
97.953. As used in ORS 97.951 to 97.982:
(1) 'Adult' means an individual who is 18 years of age or
older.
(2) 'Agent' means an:
(a) Attorney-in-fact as that term is defined in ORS 127.505; or
(b) Individual expressly authorized to make an anatomical gift
on the principal's behalf by any record signed by the principal.
(3) 'Anatomical gift' means a donation of all or part of a
human body to take effect after the donor's death for the purpose
of transplantation, therapy, research or education.
Enrolled Senate Bill 1080 (SB 1080-A) Page 23
(4) 'Body part' means an organ, an eye or tissue of a human
being. The term does not include the whole body.
(5) 'Decedent' means a deceased individual whose body or body
part is or may be the source of an anatomical gift, and includes
a stillborn infant or a fetus.
(6)(a) 'Disinterested witness' means a witness other than:
(A) A spouse, child, parent, sibling, grandchild, grandparent
or guardian of the individual who makes, amends, revokes or
refuses to make an anatomical gift; or
(B) An adult who exhibited special care and concern for the
individual.
(b) 'Disinterested witness' does not include a person to whom
an anatomical gift could pass under ORS 97.969.
(7) 'Document of gift' means a donor card or other record used
to make an anatomical gift. The term includes a statement, symbol
or designation on a driver license, identification card or donor
registry.
(8) 'Donor' means an individual whose body or body part is the
subject of an anatomical gift.
(9) 'Donor registry' means a centralized database that contains
records of anatomical gifts and amendments to or revocations of
anatomical gifts.
(10) 'Driver license' means a license or permit issued under
ORS 807.040, 807.200 or 807.280 { + or sections 2 and 4 of this
2008 Act + }, regardless of whether conditions are attached to
the license or permit.
(11) 'Eye bank' means an organization licensed, accredited or
regulated under federal or state law to engage in the recovery,
screening, testing, processing, storage or distribution of human
eyes or portions of human eyes.
(12) 'Guardian' means a person appointed by a court to make
decisions regarding the support, care, education, health or
welfare of an individual. 'Guardian' does not include a guardian
ad litem.
(13) 'Hospital' means a facility licensed as a hospital under
the law of any state or a facility operated as a hospital by the
United States, a state or a subdivision of a state.
(14) 'Identification card' means the card issued under ORS
807.400 { + or sections 2 and 4 of this 2008 Act, + } or a
comparable provision of the motor vehicle laws of another state.
(15) 'Know' means to have actual knowledge.
(16) 'Minor' means an individual who is under 18 years of age.
(17) 'Organ procurement organization' means an organization
designated by the Secretary of the United States Department of
Health and Human Services as an organ procurement organization.
(18) 'Parent' means a parent whose parental rights have not
been terminated.
(19) 'Physician' means an individual authorized to practice
medicine or osteopathy under the law of any state.
(20) 'Procurement organization' means an eye bank, organ
procurement organization or tissue bank.
(21) 'Prospective donor' means an individual who is dead or
near death and has been determined by a procurement organization
to have a body part that could be medically suitable for
transplantation, therapy, research or education. The term does
not include an individual who has made a refusal.
(22) 'Reasonably available' means able to be contacted by a
procurement organization without undue effort and willing and
able to act in a timely manner consistent with existing medical
criteria necessary for the making of an anatomical gift.
Enrolled Senate Bill 1080 (SB 1080-A) Page 24
(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 34. { + (1) Using existing resources, the Department
of Transportation shall provide ombudsman services to applicants
for a driver license, a driver permit or an identification card.
An ombudsman shall assist applicants who are otherwise qualified
for issuance, renewal or replacement of a driver license, a
driver permit or an identification card but who are unable to
produce the documentation required by the department under
sections 2 and 4 of this 2008 Act.
(2) The department may not provide ombudsman services to an
applicant unless the applicant certifies in writing that the
applicant is, to the best of the applicant's knowledge, legally
present in the United States. + }
SECTION 35. { + (1) Section 2 of this 2008 Act and the
amendments to ORS 807.050, 807.110, 807.310, 807.400 and 807.405
by sections 11, 13, 22, 27 and 28 of this 2008 Act become
operative July 1, 2008.
(2) The Department of Transportation may adopt rules or take
any action before the operative date specified in subsection (1)
of this section necessary to enable the department to exercise,
on or after the operative date specified in subsection (1) of
this section, all the duties, functions and powers conferred on
the department by section 2 of this 2008 Act and the amendments
to ORS 807.050, 807.110, 807.310, 807.400 and 807.405 by sections
11, 13, 22, 27 and 28 of this 2008 Act. + }
SECTION 36. { + (1) Section 4 of this 2008 Act and the
amendments to ORS 807.130 by section 15 of this 2008 Act become
operative January 1, 2010.
(2) The Department of Transportation may adopt rules or take
any action before the operative date specified in subsection (1)
Enrolled Senate Bill 1080 (SB 1080-A) Page 25
of this section necessary to enable the department to exercise,
on or after the operative date specified in subsection (1) of
this section, all the duties, functions and powers conferred on
the department by section 4 of this 2008 Act and the amendments
to ORS 807.130 by section 15 of this 2008 Act. + }
SECTION 37. { + This 2008 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2008 Act takes effect on
its passage. + }
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Passed by Senate February 11, 2008
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House February 13, 2008
...........................................................
Speaker of House
Enrolled Senate Bill 1080 (SB 1080-A) Page 26
Received by Governor:
......M.,............., 2008
Approved:
......M.,............., 2008
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2008
...........................................................
Secretary of State
Enrolled Senate Bill 1080 (SB 1080-A) Page 27