Bill Text: OR SB833 | 2013 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to documents issued by the Department of Transportation.

Status: (Passed) 2013-05-10 - Effective date, January 1, 2014. [SB833 Detail]

Download: Oregon-2013-SB833-Engrossed.html


     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 3765

                           B-Engrossed

                         Senate Bill 833
                 Ordered by the Senate April 19
     Including Senate Amendments dated April 16 and April 19

Sponsored by Senators SHIELDS, ROBLAN, THOMSEN, HANSELL,
  Representatives VEGA PEDERSON, HARKER, JOHNSON, GILLIAM

                             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.

  Directs Department of Transportation to issue driver card to
applicant who does not provide proof of legal presence in United
States but otherwise has complied with all requirements for
  { - license or permit - }   { + type of driving privileges + }
and has resided in Oregon for more than one year.
  Provides that driver card may be used only as evidence of grant
of driving privileges. Provides exceptions.
   { +  Limits expenditures by department, for biennium beginning
July 1, 2013, for carrying out provisions of Act. + }

                        A BILL FOR AN ACT
Relating to documents issued by the Department of Transportation;
  creating new provisions; amending ORS 366.505, 367.173,
  367.605, 802.110, 802.160, 802.200, 807.130, 807.310 and
  807.375; and limiting expenditures.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 to 5 of this 2013 Act are added to
and made a part of the Oregon Vehicle Code. + }
  SECTION 2. { +  (1) Except as provided in this section, for the
purposes of the Oregon Vehicle Code a driver card is subject to
the same statutes and procedures that govern driver licenses and
driver permits and shall be issued, renewed or replaced in the
same manner as driver licenses or driver permits.
  (2) The Department of Transportation shall issue, renew or
replace a driver card without requiring a person to provide proof
of legal presence in the United States if the person meets the
requirements described in subsection (3) of this section.
  (3) A person is eligible for a driver card under this section
if the person:
  (a) Complies with all of the requirements for the type of
driving privileges sought to be issued, other than the
requirement to provide proof of legal presence in the United
States;
  (b) Provides proof of identity and date of birth by submitting:
  (A) An unexpired valid passport from the person's country of
citizenship;

  (B) An unexpired valid consular identification document issued
by the consulate of the person's country of citizenship, if the
department determines that the procedure used in issuing the
consular identification document is sufficient to prove the
person's identity; or
  (C) Such other valid documentation, as defined by the
department by rule;
  (c) Provides proof of residency in this state in excess of one
year as of the date of application;
  (d) Provides the Social Security number assigned to the person
by the United States Social Security Administration or provides a
written statement that the person has not been assigned a Social
Security number; and
  (e) Pays the fees required under section 5 of this 2013 Act.
  (4) The department may issue, renew or replace a driver 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.
  (5) A person may prove residency in this state in excess of one
year by:
  (a) Providing evidence that the person owns or leases property
in Oregon for use as a personal domicile by the person;
  (b) Providing evidence that the person filed a full-year
resident or part-year resident Oregon tax return for the most
recent tax year; or
  (c) Demonstrating such other factors adopted by the department
by rule.
  (6) Notwithstanding ORS 807.130 and 807.150, upon issuance and
renewal:
  (a) A driver card issued under this section that is subject to
the same requirements and issued in the same manner as a driver
license expires on the anniversary of the licensee's birthday in
the fourth calendar year after the date of issuance.
  (b) A driver card issued under this section that is subject to
the same requirements and issued in the same manner as a driver
permit is valid for the period of time for which a driver permit
of the same type is issued by the department, but no longer than
a period of four years.
  (7) The department may not issue a commercial driver license to
a person who holds a driver card issued under this section.
  (8) The department shall adopt any rules the department
considers necessary for the administration of this section. + }
  SECTION 3.  { + A driver card issued, renewed or replaced under
section 2 of this 2013 Act must contain:
  (1) The words 'driver card' and may not contain the words '
driver license' or 'driver permit.  '
  (2) A feature distinguishing the driver card from a driver
license and driver permit. The form of the distinguishing feature
shall be determined by the department by rule. + }
  SECTION 4.  { + A driver card issued, renewed or replaced under
section 2 of this 2013 Act may be used only:
  (1) To provide evidence of a grant of driving privileges.
  (2) In the same manner as provided for driver licenses in ORS
97.951 to 97.982 for the purpose of identifying the person as an
anatomical donor.
  (3) To identify the person as an emancipated minor.
  (4) To identify the person as a veteran.
  (5) To provide a driver license number as required under ORS
18.042, 18.170 and 25.020.
  (6) To provide a driver license number to aid a law enforcement
agency in identifying a missing person under ORS 146.181. + }
  SECTION 5.  { + The following are the fees relating to the
issuance, replacement and renewal of driver cards:
  (1) Driver card issuance fee for a Class C driver card issued
under section 2 of this 2013 Act, $64.

  (2) Fee to take the knowledge test for a Class C driver card
issued under section 2 of this 2013 Act, $5.
  (3) Fee to take the skills test for a Class C driver card
issued under section 2 of this 2013 Act, $9.
  (4) Driver card issuance fee for a restricted Class C driver
card issued under section 2 of this 2013 Act, $64.
  (5) Driver card renewal fee for a Class C driver card issued
under section 2 of this 2013 Act, $44.
  (6) Replacement fee for a driver card issued under section 2 of
this 2013 Act, $30.
  (7) Student Driver Training Fund eligibility fee for a driver
card issued under section 2 of this 2013 Act, $6.
  (8) Fee for reinstatement of revoked driving privileges under
ORS 809.390, $75.
  (9) Fee for reinstatement of suspended driving privileges under
ORS 809.380, $75.
  (10) 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. + }
  SECTION 6. 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)  { + Except as provided in subsection (5) of this
section, + } 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)  { + An applicant temporary driver permit is valid for a
period of 90 days from the date issued + } if an applicant { + :
  (a) + } 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 - }  { + ; and
  (b) + } 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 - }   { + an applicant
temporary driver permit under subsection (5) of this section + }
up to two times for sufficient cause. Each extension of the term
of the permit may not exceed 90 days.
  (7) Notwithstanding subsection (6) of this section, the
department may, in the manner provided by rule, further extend
the term of the applicant temporary driver permit { +  under
subsection (5) of this section + } for an applicant who needs
additional time to obtain the documentation required under ORS
807.021 and 807.730.

  (8) An applicant temporary driver permit automatically becomes
invalid if the applicant's license or permit is issued or refused
for good cause.
  (9) The department may not charge a fee for issuance of an
applicant temporary driver permit under this section.
  SECTION 7. 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 8. ORS 366.505 is amended to read:
  366.505. (1) The State Highway Fund shall consist of:
  (a) All moneys and revenues derived under and by virtue of the
sale of bonds, the sale of which is authorized by law and the
proceeds thereof to be dedicated to highway purposes.
  (b) All moneys and revenues accruing from the licensing of
motor vehicles, operators and chauffeurs.
  (c) Moneys and revenues derived from any tax levied upon
gasoline, distillate, liberty fuel or other volatile and
inflammable liquid fuels, except moneys and revenues described in
ORS 184.642 (2)(a) that become part of the Department of
Transportation Operating Fund.
  (d) Moneys and revenues derived from or made available by the
federal government for road construction, maintenance or
betterment purposes.
   { +  (e) All moneys derived from the issuance of driver
cards. + }
    { - (e) - }  { +  (f) + } All moneys and revenues received
from all other sources which by law are allocated or dedicated
for highway purposes.
  (2) The highway fund shall be deemed and held as a trust fund,
separate and distinct from the General Fund, and may be used only
for the purposes authorized by law and is continually
appropriated for such purposes.
  (3) Moneys in the State Highway Fund may be invested as
provided in ORS 293.701 to 293.820. All interest earnings on any
of the funds designated in subsection (1) of this section shall
be placed to the credit of the highway fund.
  SECTION 9. ORS 367.173 is amended to read:
  367.173. The principal, interest, premium, if any, and the
purchase or tender price of the grant anticipation revenue bonds
issued under ORS 367.161 to 367.181 are payable solely from the
following moneys:
  (1) Federal transportation funds.
  (2) To the extent affirmatively pledged at the time issuance of
revenue bonds is authorized, the following moneys that are
lawfully available:
  (a) Moneys deposited in the State Highway Fund established
under ORS 366.505.

  (b) Except as provided in paragraph (c) of this subsection,
moneys, once deposited in the State Highway Fund established
under ORS 366.505, from the following sources may be
affirmatively pledged:
  (A) Moneys from the taxes and fees on motor carriers imposed
under ORS 825.474 and 825.480.
  (B) Moneys from the tax on motor vehicle fuel imposed under ORS
319.020.
  (C) Moneys from the tax on fuel used in motor vehicles imposed
under ORS 319.530.
  (D) Moneys described under ORS 803.090 from the titling of
vehicles.
  (E) Moneys described under ORS 803.420 from the registration of
vehicles.
  (F) Moneys described under ORS 807.370 relating to the issuance
of driver licenses and driver permits.
   { +  (G) Moneys described under section 5 of this 2013 Act
relating to issuance of driver cards. + }
    { - (G) - }  { +  (H) + } Moneys received by the Department
of Transportation from taxes, fees or charges imposed after
January 1, 2001, or other revenues or moneys received by the
department from sources not listed in subparagraphs (A) to
 { - (F) - }  { +  (G) + } of this paragraph that are lawfully
available to be pledged under this section.
  (c) Moneys described in paragraph (b) of this subsection do not
include:
  (A) Moneys provided for appropriations to counties under ORS
366.762 to 366.768.
  (B) Moneys provided for appropriations to cities under ORS
366.785 to 366.820.
  (C) Moneys in the account established under ORS 366.512 for
parks and recreation.
  SECTION 10. ORS 367.605 is amended to read:
  367.605. (1) Moneys deposited in the State Highway Fund
established under ORS 366.505 are pledged to payment of Highway
User Tax Bonds issued under ORS 367.615.
  (2) Except as provided in subsection (3) of this section,
moneys, once deposited in the highway fund from the following
sources are subject to the use or pledge described in subsection
(1) of this section:
  (a) Moneys from the taxes and fees on motor carriers imposed
under ORS 825.474 and 825.480.
  (b) Moneys from the tax on motor vehicle fuel imposed under ORS
319.020.
  (c) Moneys from the tax on fuel used in motor vehicles imposed
under ORS 319.530.
  (d) Moneys described under ORS 803.090 from the titling of
vehicles.
  (e) Moneys described under ORS 803.420 from the registration of
vehicles.
  (f) Moneys described under ORS 807.370 relating to the issuance
of driver licenses and driver permits.
   { +  (g) Moneys described under section 5 of this 2013 Act
relating to the issuance of driver cards. + }
    { - (g) - }  { +  (h) + } Moneys received by the Department
of Transportation from taxes, fees or charges imposed after
January 1, 2001, or other revenues received by the department
from sources not listed in paragraphs (a) to   { - (f) - }  { +
(g) + } of this subsection that are available for the use or
pledge described by this section.
  (3) Moneys described under subsection (2) of this section do
not include:
  (a) Moneys provided for appropriations to counties under ORS
366.762 to 366.768.
  (b) Moneys provided for appropriations to cities under ORS
366.785 to 366.820.
  (c) Moneys in the account established under ORS 366.512 for
parks and recreation.
  (4) To the extent affirmatively pledged, moneys from the
following sources are subject to the use or pledge described in
subsection (1) of this section:
  (a) Moneys received by the Department of Transportation from
the United States government.
  (b) Any other moneys legally available to the department.
  (5) Notwithstanding ORS 366.507, the lien or charge of any
pledge of moneys securing bonds issued under ORS 367.615 is
superior or prior to any other lien or charge and to any law of
the state requiring the department to spend moneys for specified
highway purposes.
  SECTION 11. ORS 802.110 is amended to read:
  802.110. Any procedures the Department of Transportation
establishes for financial administration of those functions of
the department dealing with driver and motor vehicle services and
for the disposition and payment of moneys it receives from the
provision of driver and motor vehicle services shall comply with
all of the following:
  (1) The department shall deposit all moneys it receives related
to driver and motor vehicle services in the Department of
Transportation Driver and Motor Vehicle Suspense Account for
approved expenses and disbursals before payment of general
administrative expenses of the department related to the
provision of driver and motor vehicle services. Notwithstanding
this subsection, the department may return a bank check or money
order when received in incorrect or incomplete form or when not
accompanied by the proper application.
  (2) The department shall pay the following approved expenses
and disbursals from the Department of Transportation Driver and
Motor Vehicle Suspense Account before payment of the general
administrative expenses of the department related to driver and
motor vehicle services:
  (a) Refunds authorized by any statute administered by the
department when such refunds are approved by the department.
  (b) Amounts transferred to the State Treasurer under ORS
319.410 (2) for the purpose of carrying out the state aviation
laws, amounts transferred to the Boating Safety, Law Enforcement
and Facility Account by ORS 319.415, amounts transferred to the
State Aviation Account by ORS 319.417 and amounts transferred to
the Department of Transportation Operating Fund by ORS 184.643.
  (c) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected from
the Student Driver Training Fund eligibility fee under ORS
807.040, 807.150 and 807.370 { +  and section 5 of this 2013
Act + } to the State Treasurer for deposit in the Student Driver
Training Fund. The moneys deposited in the Student Driver
Training Fund under this paragraph are continuously appropriated
to the department for the following purposes:
  (A) To the extent of not more than 10 percent of the amount
transferred into the Student Driver Training Fund in any
biennium, to pay the expenses of administering ORS 336.795,
336.800, 336.805, 336.810 (2) and 336.815.
  (B) The remaining moneys, for reimbursing school districts and
commercial driver training schools as provided under ORS 336.805.
  (d) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected for the
Motorcycle Safety Subaccount under ORS 807.170 to the State
Treasurer for deposit in the Motorcycle Safety Subaccount of the
Transportation Safety Account. Moneys paid to the State Treasurer
under this paragraph shall be used for the purpose of ORS
802.320.
  (e) After deduction of expenses for the administration of the
issuance of customized registration plates under ORS 805.240, the
department shall place moneys received from the sale of
customized registration plates in the Passenger Rail
Transportation Account.  The moneys placed in the account are
continuously appropriated to the department and shall be used for
the payment of expenses incurred in administering passenger rail
programs.
  (f) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys from any
registration fees established by the governing bodies of counties
or a district, as defined in ORS 801.237, under ORS 801.041 or
801.042 to the appropriate counties or districts. The department
shall make the payments on at least a monthly basis unless
another basis is established by the intergovernmental agreements
required by ORS 801.041 and 801.042 between the department and
the governing bodies of a county or a district.
  (g) After deducting the expenses of the department in
collecting and transferring the moneys, the department shall make
disbursals and payments of moneys collected for or dedicated to
any other purpose or fund except the State Highway Fund,
including but not limited to, payments to the Department of
Transportation Operating Fund established by ORS 184.642 (1) and
(2).
  (3) The department shall refund from the Department of
Transportation Driver and Motor Vehicle Suspense Account any
excess or erroneous payment to a person who made the payment or
to the person's legal representative when the department
determines that money has been received by it in excess of the
amount legally due and payable or that it has received money in
which it has no legal interest. Refunds payable under this
subsection are continuously appropriated for such purposes in the
manner for payment of refunds under this section. If the
department determines that a refund is due, the department may
refund the amount of excess or erroneous payment without a claim
being filed.  Except as provided in ORS 319.290, 319.375, 319.820
and 319.831, any claim for a refund from the department must be
filed within 12 months after the date payment is received by the
department.
  (4) After payment of those expenses and disbursals approved for
payment before general administrative expenses related to the
provision of driver and motor vehicle services, the department
shall pay from the Department of Transportation Driver and Motor
Vehicle Services Administrative Account its general
administrative expenses incurred in the administration of any law
related to driver and motor vehicle services that the department
is charged with administering and any other expenses the
department is permitted by law to pay from moneys held by the
department before transfer of the moneys to the State Highway
Fund. The following limitations apply to payments of
administrative expenses under this subsection:
  (a) The department shall make payment of the expenses of
administering the issuance of winter recreation parking permits
under ORS 811.595 from those moneys received from issuing the
permits.
  (b) The department shall pay its expenses for administering the
registration and titling of snowmobiles under ORS 821.060 and
821.100 from the fees collected from administering those
sections.  The department shall also pay its expenses for the
administration of the snowmobile driver permit program under ORS
821.160 from the moneys otherwise described in this paragraph.
  (c) The department shall pay its expenses for determining the
amount of money to be withheld under ORS 802.120 from the fees
collected for administering the registration and titling of
snowmobiles. The amount used to pay expenses under this paragraph
shall be such sum as necessary but shall not exceed $10,000
during each biennium.
  (d) The department shall retain not more than $15,000 in any
biennium for the expenses of collecting and transferring moneys
to the Student Driver Training Fund under this section and for
the administration of ORS 336.810 (3).
  (5) Except as otherwise provided in this subsection, the
department shall transfer to the State Highway Fund the moneys
not used for payment of the general administrative expenses or
for approved expenses and disbursals before payment of general
administrative expenses. The following apply to this subsection:
  (a) If the Director of Transportation certifies the amount of
principal or interest of highway bonds due on any particular
date, the department may make available for the payment of such
interest or principal any sums that may be necessary to the
extent of moneys on hand available for the State Highway Fund
regardless of the dates otherwise specified under this section.
  (b) Notwithstanding paragraph (a) of this subsection the
department shall not make available for purposes described in
paragraph (a) of this subsection any moneys described in ORS
367.605 when there are not sufficient amounts of such moneys in
the State Highway Fund for purposes of bonds issued under ORS
367.615.
  (6) Notwithstanding any other provision of this section, the
following moneys shall be transferred to the State Highway Fund
at the times described:
  (a) Moneys received under ORS 802.120 and not used for the
payment of administrative expenses of the department shall be
transferred before July 31 of each year.
  (b) Moneys received from the registration of snowmobiles that
is not to be used for payment of administrative expenses of the
department shall be transferred within 30 days after the end of
the quarter.
  (c) Moneys received from the issuance of winter recreation
parking permits that is not used for payment of administrative
expenses of the department shall be transferred within 30 days
after the end of the quarter.
  (7) The following moneys transferred to the State Highway Fund
under this section may be used only for the purposes described as
follows:
  (a) Moneys collected from the issuance of winter recreation
parking permits, and the interest on such moneys, shall be used
to enforce the requirement for winter recreation parking permits
and to remove snow from winter recreation parking locations
designated under ORS 810.170. Any remaining moneys shall, upon
approval by the Winter Recreation Advisory Committee:
  (A) Be used to maintain parking locations developed with moneys
obtained under ORS 810.170 and snowmobile facilities that are
parking lots developed with moneys as provided under this
section;
  (B) Be used to develop additional winter recreation parking
locations under ORS 810.170; or
  (C) Be carried over to be used in subsequent years for the
purposes and in the manner described in this paragraph.
  (b) Moneys received from the registration of snowmobiles or
under ORS 802.120 may be used for development and maintenance of
multiuse trails within urban growth boundaries described in ORS
367.017 or for the development and maintenance of snowmobile
facilities, including the acquisition of land therefor by any
means other than the exercise of eminent domain. Moneys received
under ORS 802.120 may also be used for the enforcement of ORS
811.590, 821.100 to 821.120, 821.140, 821.150, 821.190, 821.210
and 821.240 to 821.290.
  (8) The department shall maintain the Revolving Account for
Emergency Cash Advances separate from other moneys described in
this section. From the account, the department may pay for the
taking up of dishonored remittances returned by banks or the
State Treasurer and for emergency cash advances to be
subsequently reimbursed. The account shall be used only as a
revolving fund.  The department shall at all times be accountable
for the amount of the account, either in cash or unreimbursed
items and advances.  The moneys in the account are continuously
appropriated for the purposes of this subsection. The amount of
the account under this subsection shall not exceed $40,000 from
moneys received by the department in the performance of its
driver and motor vehicle services functions and moneys otherwise
appropriated for purposes of this subsection. The account under
this subsection shall be kept on deposit with the State
Treasurer. The State Treasurer is authorized to honor and pay all
properly signed and indorsed checks or warrants drawn against the
account.
  SECTION 12. ORS 802.160 is amended to read:
  802.160. The fees collected under ORS 807.370 { +  and section
5 of this 2013 Act + } for the reinstatement of suspended and
revoked driving privileges shall be applied by the Department of
Transportation to the cost of preparing and serving notices of
suspension or revocation and to the cost of administering the
driver improvement program authorized under ORS 809.480.
  SECTION 13. ORS 807.375 is amended to read:
  807.375. (1) In addition to any fee imposed under ORS 807.370
and 807.410 { +  or section 5 of this 2013 Act + }, the
Department of Transportation may impose a fee for each driver
license, driver permit { + , + }  { +  driver card + } and
identification card that is issued, renewed or replaced, for the
purpose of covering the costs of purchasing equipment and
establishing and maintaining a database used for collecting and
verifying biometric data.
  (2) A fee imposed under this section may not be more than $3
per driver license, driver permit { + , driver card + } or
identification card.
  SECTION 14. ORS 802.200 is amended to read:
  802.200. In addition to any other records the Department of
Transportation may establish, the department is subject to the
following provisions concerning records:
  (1) The department shall maintain records concerning the
titling of vehicles in this state. The records under this
subsection shall include the following:
  (a) For vehicles issued a title by this state, the records
shall identify the vehicle and contain the following:
  (A) The name of the vehicle owner and any security interest
holders in order of priority, except that a security interest
holder need not be identified if the debtor who granted the
interest is in the business of selling vehicles and the vehicles
constitute inventory held for sale;
  (B) The name of any lessor of the vehicle;
  (C) The vehicle description; and
  (D) Whether a certificate of title was issued for the vehicle.
  (b) If the vehicle is an antique vehicle that is reconstructed,
the records shall indicate that the vehicle is reconstructed.
  (c) If the vehicle is a replica, the records shall indicate
that the vehicle is a replica.
  (d) Any other information concerning the titling of vehicles
that the department considers convenient or appropriate.
  (e) All odometer readings for a vehicle that are reported to
the department under provisions of the vehicle code.
  (f) If the vehicle has been reported to the department as a
totaled vehicle under the provisions of ORS 819.012 or 819.014,
the records shall indicate that the vehicle is a totaled vehicle
unless the reason for the report was theft and the vehicle has
been recovered.
  (2) If a vehicle that has been registered or titled in another
jurisdiction is registered or titled in this state, the
department shall retain a record of any odometer readings shown
on the title or registration documents submitted to the
department at the time of registration or title.

  (3) Except as otherwise provided in ORS 826.003, the department
shall maintain records concerning the registration of vehicles
required to be registered by the department. The records
concerning the registration of vehicles may be stored along with
records concerning the titling of vehicles. The records under
this subsection shall include the following:
  (a) For vehicles registered by the department, the records
shall identify the vehicle and contain the following:
  (A) The registration plate number assigned by the department to
the vehicle;
  (B) The name of the vehicle owner;
  (C) The vehicle description and vehicle identification number;
and
  (D) An indication that the vehicle is a totaled vehicle if it
has been reported to the department as a totaled vehicle under
the provisions of ORS 819.012 or 819.014, unless the reason for
the report was theft and the vehicle has been recovered.
  (b) Any other information concerning the registration of
vehicles that the department considers convenient or appropriate.
  (4) The department shall maintain separate records for the
regulation of vehicle dealers. The records required under this
subsection shall include the following information about persons
issued dealer certificates:
  (a) The person's application for a vehicle dealer certificate.
  (b) An alphabetical index of the name of each person applying
for a vehicle dealer certificate.
  (c) A numerical index according to the distinctive number
assigned to each vehicle dealer.
  (5) The department shall maintain a file on vehicles for which
the title record is canceled under ORS 819.030. The records
required under this subsection shall disclose the last registered
owner of each vehicle, any security interest holder or holders
and lessors of each vehicle as shown by the canceled title record
for each vehicle and the make and year model for each vehicle.
  (6) The department shall maintain a record of each agreement or
declaration under ORS 802.500 and 802.520.
  (7) The department shall maintain separate and comprehensive
records of all transactions affecting the Revolving Account for
Emergency Cash Advances described under ORS 802.100.
  (8) The department shall maintain suitable records of driver
licenses, driver permits { + , driver cards + } 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, driver
permits { + , driver cards + } or identification cards issued.
  (c) Every application for a driver license, driver permit { + ,
driver card + } or identification card.
  (d) All driver licenses   { - or - }  { + , + } driver
permits { +  or driver cards + } that have been suspended or
revoked.
  (e)  { + Except as provided in paragraph (f) of this
subsection, + } 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.
   { +  (f) For each driver card, the Social Security number of
the person to whom the driver card is issued or a written
statement that the person has not been assigned a Social Security
number. + }
    { - (f) - }  { +  (g) + } 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 { + , driver card + } or a
statutory grant of driving privileges under ORS 807.020;
  (B) Every person whose driving privileges have been suspended,
revoked or canceled under this vehicle code;
  (C) Every person who has filed an accident report under ORS
811.725 or 811.730; and
  (D) Every person who is required to provide future
responsibility filings under ORS 806.200, 806.220, 806.230 or
806.240.
  (b) In addition to other information required by this
paragraph, the employment driving record shall include all
reports of drug test results that are made to the department
under ORS 825.410. Notwithstanding any other provision of law,
release of the portion of the employment driving record that
shows drug test results reported under ORS 825.410 is permitted
only in accordance with ORS 802.202. The employment driving
record shall also include all motor vehicle accidents that the
person is required to report under ORS 811.720, all suspensions
of driving privileges required to be placed on the record under
ORS 809.280, all suspensions of the person's commercial driver
license that result from operation or use of a commercial motor
vehicle and all convictions of the person for violation of motor
vehicle laws except convictions for offenses requiring mandatory
revocation or suspension of driving privileges under ORS 809.409,
809.411, 809.413 and 813.400, but shall include only such
accidents, suspensions and convictions that occur while the
person is driving a motor vehicle:
  (A) In the course of the person's employment when the person is
employed by another for the principal purpose of driving a motor
vehicle;
  (B) Carrying persons or property for compensation;
  (C) In the course of the person's employment in the collection,
transportation or delivery of mail if the vehicle is government
owned or marked for the collection, transportation or delivery of
mail in accordance with government rules;
  (D) That is an authorized emergency vehicle;
  (E) That is a commercial motor vehicle; or
  (F) In the course of the person's employment with a federal,
state or local government in a public works project involving
repair or maintenance of water, sewer or road systems.
  (c) The nonemployment driving record shall include the
person's:
  (A) Motor vehicle accidents that the person is required to
report under ORS 811.720, other than the motor vehicle accidents
that are included on the person's employment driving record;
  (B) Suspensions, cancellations and revocations of licenses,
permits and driving privileges;
  (C) Convictions for violation of the motor vehicle laws other
than those included in the employment driving record including,
for each violation of ORS 811.100 or 811.111, the speed at which
the person was convicted of traveling and the posted speed, the
speed limit or the speed that constitutes prima facie evidence of
violation of the basic speed rule, as appropriate; and
  (D) Diversion agreements entered into under ORS 813.220 within
the preceding 15 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 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 15.  { + Notwithstanding any other law limiting
expenditures, the amount of $4,708,505 is established for the
biennium beginning July 1, 2013, as the maximum limit for payment
of expenses for the purpose of carrying out section 2 of this
2013 Act from fees, moneys or other revenues, including
Miscellaneous Receipts, but excluding lottery funds and federal
funds, collected or received by the Department of Transportation
under section 5 of this 2013 Act. + }
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