Bill Text: OR HB3226 | 2013 | Regular Session | Introduced
Bill Title: Relating to documents issued by the Department of Transportation.
Spectrum: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3226 Detail]
Download: Oregon-2013-HB3226-Introduced.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 3313
House Bill 3226
Sponsored by COMMITTEE ON HUMAN SERVICES AND HOUSING
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Authorizes Department of Transportation to issue driver
license, driver permit or identification card to person issued
deferred action status by United States Department of Homeland
Security.
A BILL FOR AN ACT
Relating to documents issued by the Department of Transportation;
amending ORS 807.021, 807.040, 807.130, 807.310, 807.400 and
807.730.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 807.021 is amended to read:
807.021. (1) Except as provided in ORS 807.310 (5) and 807.405
(4), prior to issuing, renewing or replacing any driver license,
driver permit or identification card, the Department of
Transportation shall require a person to provide the Social
Security number assigned to the person by the United States
Social Security Administration and proof of legal presence in the
United States or { - , - } { + proof of deferred action status
granted by the United States Department of Homeland Security
through the Deferred Action for Childhood Arrivals Program. + }
If the person is not eligible for a Social Security number,
{ + the person must provide + } proof { + that the person is
not eligible for a Social Security number and must provide proof
+ }of { + :
(a) + } Legal presence in the United States { - and proof
that the person is not eligible for a Social Security number - }
{ + ; or
(b) Deferred action status granted by the United States
Department of Homeland Security through the Deferred Action for
Childhood Arrivals Program + }.
(2) For the purposes of subsection (1) of this section:
(a) A person provides proof of legal presence in the United
States { + or proof of deferred action status granted by the
United States Department of Homeland Security through the
Deferred Action for Childhood Arrivals Program + } 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 { + or has been granted deferred action status by the
United States Department of Homeland Security through the
Deferred Action for Childhood Arrivals Program + }.
(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) If a person is not eligible for a Social Security number,
the person shall provide proof, as defined by the department by
rule, that the person is not eligible for a Social Security
number.
(3) The department may issue, renew or replace a driver
license, driver permit or identification card for an applicant
who has submitted a Social Security number only after the
department verifies the Social Security number with the United
States Social Security Administration. In order to verify the
person's Social Security number, the department may require the
person to provide proof, as defined by rule, of the person's
Social Security number.
(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 2. 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
license that is issued to a person who is not a citizen or
permanent legal resident of the United States expires on the date
the licensee is no longer authorized to stay in the United
States, as indicated by the documentation the person presented to
the Department of Transportation to provide proof of legal
presence in the United States { + or proof of deferred action
status granted by the United States Department of Homeland
Security through the Deferred Action for Childhood Arrivals
Program, + } 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 3. ORS 807.730 is amended to read:
807.730. (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 { + or proof of deferred action status granted by the
United States Department of Homeland Security through the
Deferred Action for Childhood Arrivals Program + }.
(2) A limited term driver license 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 permit is valid:
(a) During the applicant's authorized stay in the United
States, but no longer than the period of time for which a driver
permit of the same type is issued by the department.
(b) If there is no definite end to the authorized stay, for a
period of one year but no longer than the period of time for
which a driver permit of the same type is issued by the
department.
(4) 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.
(5) A limited term driver license or limited term driver permit
grants the same privileges as a driver license or driver permit.
(6) 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 4. 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 ORS 807.021 and 807.730, provides the Social
Security number assigned to the person by the United States
Social Security Administration and proof of legal presence in the
United States or { - , - } { + proof of deferred action status
granted by the United States Department of Homeland Security
through the Deferred Action for Childhood Arrivals Program. + }
If the person is not eligible for a Social Security number,
{ + the person must provide + } proof { + that the person is
not eligible for a Social Security number and proof + } of { + :
(A) + } Legal presence in the United States { - and proof
that the person is not eligible for a Social Security number - }
; { + or
(B) Deferred action status granted by the United States
Department of Homeland Security through the Deferred Action for
Childhood Arrivals Program; + }
(c) Does not have a current, valid driver license;
(d) Furnishes evidence of the person's full legal name, age and
identity as the department may require; and
(e) Submits to collection of biometric data by the department
that establish the identity of the person as provided in ORS
807.024.
(2) The department shall work with other agencies and
organizations to attempt to improve the issuance system for
identification cards.
(3) Every original application for an identification card must
be signed by the applicant. The department shall require at least
one document to verify the address of an applicant for issuance
of an identification card in addition to other documents the
department may require of the applicant. If the address of an
applicant has changed since the last time an identification card
was issued to or renewed for the applicant, the department shall
require proof to verify the address of the applicant for renewal
of an identification card, in addition to anything else the
department may require.
(4) Every identification card shall be issued upon the standard
license form described under ORS 807.110 and shall bear a
statement to the effect that the identification card is not a
license or any other grant of driving privileges to operate a
motor vehicle and is to be used for identification purposes only.
The department shall use the same security procedures, processes,
materials and features for an identification card as are required
for a license under ORS 807.110. The identification card is not
required to contain the residence address of persons listed in
ORS 807.110 (1)(e).
(5) If the identification card is a limited term identification
card issued under ORS 807.730, the limited term identification
card shall indicate:
(a) That it is a limited term identification card; and
(b) The date on which the limited term identification card
expires.
(6) Upon order of the juvenile court, the department shall
include on the card the fact that the person issued the
identification card is an emancipated minor.
(7) Upon request of the person to whom the identification card
is issued and presentation of proof, as determined by the
department, that the person is a veteran, as defined in ORS
408.225, the department shall include on the card the fact that
the person is a veteran.
(8) Each original identification card shall expire on a date
consistent with the expiration dates of licenses as set forth in
ORS 807.130.
(9) Identification cards shall be renewed under the terms for
renewal of licenses as set forth in ORS 807.150.
(10) The fee for an original identification card or a renewal
thereof shall be the fee established under ORS 807.410.
(11) An identification card becomes invalid if the holder of
the card changes the holder's residence address from that shown
on the identification card and does not provide the department
with notice of the change as required under ORS 807.420.
(12) If a person to whom an identification card was issued and
who changes the person's residence address appears in person at a
department office that issues identification cards, the
department may do any of the following:
(a) Issue a replacement identification card containing the new
address upon receipt of the old identification card and payment
of the fee established for issuing a replacement identification
card with a changed address under ORS 807.410. Except as
otherwise provided in subsection (14) of this section, the
replacement identification card shall bear the same
distinguishing number as the card being replaced.
(b) Note the new address on the old identification card in a
manner to be determined by the department by rule.
(13) An identification card becomes invalid if the holder of
the card changes the holder's name from that shown on the card,
including a change of name by marriage, without providing the
department with notice of the change as required under ORS
807.420. Upon receiving such notice and the old identification
card, the department shall issue a replacement identification
card upon payment of the fee required under ORS 807.410.
(14) In the event that, for a reason identified by the
department by rule, a person needs a replacement identification
card that bears a distinguishing number different from the number
on the card being replaced, the person to whom the card was
issued may obtain a replacement card from the department upon
furnishing proof satisfactory to the department of the need for
such replacement and payment of the replacement fee under ORS
807.410.
(15) If a person furnishes proof that the person is a veteran,
as defined in ORS 408.225, and the person's identification card
does not include the fact that the person is a veteran, the
department shall issue a replacement identification card that
includes the fact that the person is a veteran.
(16) The department may establish by rule reasons for issuing
replacement identification cards that are in addition to the
reasons identified in subsections (12) to (15) of this section.
The fee for a replacement identification card is provided under
ORS 807.410.
(17) 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.
(18) Notwithstanding any other provision of this section, the
department may issue an identification card to a person under
this subsection without charge when the person surrenders the
person's driver license or driver permit to the department for
reasons described in this subsection. If the department issues an
identification card under this subsection, the identification
card shall expire at the same time as the surrendered driver
license or driver permit would have expired. An identification
card issued under this subsection is subject to the same
requirements and fees for renewal or upon expiration as any other
identification card issued under this section. The department may
issue identification cards under this subsection for any of the
following reasons:
(a) The person voluntarily surrenders the person's driver
license or driver permit to the department based upon the
person's recognition that the person is no longer competent to
drive.
(b) The person's driving privileges are suspended under ORS
809.419 (1). This paragraph only applies if the person
voluntarily surrenders the person's driver license or driver
permit to the department as provided under ORS 809.500.
SECTION 5. ORS 807.040, as amended by section 30, chapter 43,
Oregon Laws 2012, is amended to read:
807.040. (1) The Department of Transportation shall issue a
driver license to any person who complies with all of the
following requirements:
(a) The person must complete an application for a license under
ORS 807.050.
(b) As required by ORS 807.021 and 807.730, the person must
provide the Social Security number assigned to the person by the
United States Social Security Administration and proof of legal
presence in the United States 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. - } { + proof of deferred action status
granted by the United States Department of Homeland Security
through the Deferred Action for Childhood Arrivals Program. If
the person is not eligible for a Social Security number, the
person must provide proof that the person is not eligible for a
Social Security number and must provide proof of:
(A) Legal presence in the United States; or
(B) Deferred action status granted by the United States
Department of Homeland Security through the Deferred Action for
Childhood Arrivals Program. + }
(c) The person must submit to collection of biometric data by
the department that establish the identity of the person as
described in ORS 807.024.
(d) The person must not be ineligible for the license under ORS
807.060 and must be eligible for the license under ORS 807.062.
(e) The person must successfully pass all examination
requirements under ORS 807.070 for the class of license sought.
(f) The person must pay the appropriate license fee under ORS
807.370 for the class of license sought.
(g) The person must pay the Student Driver Training Fund
eligibility fee.
(h) If the application is for a commercial driver license, the
person must be the holder of a Class C license or any higher
class of license.
(i) If the application is for a commercial driver license, the
person must submit to the department, in a form approved by the
department, the report of a medical examination that establishes
that the person meets the medical requirements for the particular
class of license. The department, by rule, shall establish
medical requirements for purposes of this paragraph. The medical
requirements established under this paragraph may include any
requirements the department determines are necessary for the safe
operation of vehicles permitted to be operated under the class of
license for which the requirements are established.
(j) If the application is for a commercial driver license, the
person must:
(A) Have at least one year's driving experience, including
relevant experience obtained in the military;
(B) Not be disqualified from holding a commercial driver
license under ORS 809.404; and
(C) Not be otherwise ineligible to hold a commercial driver
license.
(2) The department shall work with other agencies and
organizations to attempt to improve the issuance system for
driver licenses.
SECTION 6. ORS 807.310 is amended to read:
807.310. (1) The Department of Transportation shall provide for
the issuance of applicant temporary driver permits in a manner
consistent with this section.
(2) The department may issue an applicant temporary driver
permit to an applicant for a driver license or for a driver
permit while the department is determining all facts relative to
application for the driver license or driver permit. The
department shall set forth on the applicant temporary driver
permit the driving privileges granted under the permit.
(3) The holder of an applicant temporary driver permit must
have the temporary driver permit on the holder's person while
operating a motor vehicle. The holder of an applicant temporary
driver permit must operate within the driving privileges granted
under the temporary driver permit.
(4) An applicant temporary driver permit is valid for a period
of 30 days from the date issued. The department may extend the
term of the permit for sufficient cause. An extension of the term
of the permit may not exceed an additional 30 days.
(5) If an applicant has complied with all the requirements for
an application for a driver license or driver permit, except that
the applicant is unable to produce the documentation required by
the department under ORS 807.021 and 807.730, the department, at
the time of application, may issue to the applicant an applicant
temporary driver permit as provided in this section if the
applicant certifies that the applicant is, to the best of the
applicant's knowledge, legally present in the United States { +
or has been granted deferred action status by the United States
Department of Homeland Security through the Deferred Action for
Childhood Arrivals Program + }.
(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 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 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.
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