Bill Text: OR SB1000 | 2010 | 1st Special Session | Enrolled


Bill Title: Relating to veterans.

Spectrum: Unknown

Status: (Passed) 2010-03-10 - Effective date, January 1, 2011. [SB1000 Detail]

Download: Oregon-2010-SB1000-Enrolled.html


     75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

                            Enrolled

                        Senate Bill 1000

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
  Veterans' Affairs)

                     CHAPTER ................

                             AN ACT

Relating to veterans; creating new provisions; and amending ORS
  805.103, 807.110, 807.160 and 807.400.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. 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 full legal name of the person to whom the license is
issued, except that the department may limit the number of
characters displayed on the license.
  (d) The date of birth of the person to whom the license is
issued.
  (e) Except as provided for corrections officers in ORS 802.253,
eligible employees in ORS 802.250 or Address Confidentiality
Program participants in ORS 192.846, the residence address of the
person to whom the license is issued.
  (f) Upon request of the person to whom the license is issued,
the fact that the person is an anatomical donor.
   { +  (g) Upon request of the person to whom the license is
issued and presentation of proof, as determined by the
department, the fact that the person is a veteran, as defined in
ORS 408.225. + }
    { - (g) - }  { +  (h) + } Upon order of the juvenile court,
the fact that the person to whom the license is issued is an
emancipated minor.
    { - (h) - }  { +  (i) + } Except as otherwise provided in
subsection (2) of this section, a photograph described in this
paragraph. A photograph required under this paragraph shall:
  (A) Be a full-faced, color photograph of the person to whom the
license is issued;
  (B) Be of a size approved by the department; and
  (C) Be taken at the time of application for issuance of the
license whether the application is for an original license,
replacement of a license under ORS 807.160 or for renewal of a
license under ORS 807.150, except that the department, by rule,

Enrolled Senate Bill 1000 (SB 1000-INTRO)                  Page 1

may allow the applicant to use a photograph already on file with
the department.
    { - (i) - }  { +  (j) + } 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) - }  { +  (k) + } The signature of the person to whom
the license is issued.
  (2) The department may issue a valid license without a
photograph to an applicant who objects either on religious
grounds or because of the applicant's facial disfigurement.
  (3) A limited term driver license issued under ORS 807.730
shall indicate:
  (a) That it is a limited term driver license; and
  (b) The date on which the limited term driver license expires.
  (4) The department shall use security procedures, processes and
materials in the preparation, manufacture and issuance of any
license that prohibit as nearly as possible anyone's ability to
alter, counterfeit, duplicate or modify the license without ready
detection. The security features used in the production of the
licenses shall provide for:
  (a) The authentication of a genuine document in a reasonable
time; and
  (b) The production of the license only by equipment that
requires verification of the identity of the operator of the
equipment before a license may be produced.
  SECTION 2. ORS 807.160 is amended to read:
  807.160. (1) The Department of Transportation shall establish
by rule the reasons for issuing a replacement driver license or
driver permit to a person who submits an application for the
replacement. The reasons for replacement shall include, but are
not limited to, situations when the person:
  (a) Furnishes proof satisfactory to the department of the loss,
destruction or mutilation of the person's driver license or
driver permit.
  (b) Changes residence address from the address noted on the
person's driver license or driver permit.
  (c) Is a corrections officer or an eligible employee who has
requested, in accordance with ORS 802.250 or 802.253, that
department records show the address of the person's employer.
  (d) Changes names from the name noted on the person's driver
license or driver permit.
  (e) Is applying or is required to add or remove a restriction
on the driver license or driver permit.
  (f) Is applying or is required to add or remove an endorsement
other than a motorcycle endorsement on the driver license or
driver permit.
  (g) Furnishes proof satisfactory to the department or the
department determines that the department made an error when
issuing a driver license or driver permit.
  (h) Furnishes proof satisfactory to the department that, for a
reason identified by the department by rule, the person needs a
replacement driver license or driver permit that bears a
different distinguishing number from the license or permit being
replaced.
   { +  (i) Furnishes proof satisfactory to the department that
the person is a veteran, as defined in ORS 408.225, and the
person requests a replacement driver license that includes the
fact that the person is a veteran. + }

Enrolled Senate Bill 1000 (SB 1000-INTRO)                  Page 2

  (2) Notwithstanding subsection (1)(b) of this section, in lieu
of issuing a replacement driver license or driver permit upon a
change in residence address of a person, the department may note
the change of residence address on the person's license or permit
in a manner determined by the department.
  (3) A replacement driver license or driver permit issued under
this section:
  (a) Shall bear the same distinguishing number as the driver
license or driver permit replaced unless the person applying for
the replacement furnishes proof as described in subsection (1)(h)
of this section.
  (b) Does not alter or extend the driving privileges granted to
the person under the old license or permit unless the replacement
license or permit was issued for the purpose of changing a
restriction or endorsement or for correcting an error involving
driving privileges.
  (4) Except for driver permits for which the department does not
charge an issuance fee, the department shall charge the fee under
ORS 807.370 for a replacement license or driver permit issued
under this section. The replacement fee is in addition to any
endorsement or test fee that may apply. The department may waive
the replacement fee as provided under ORS 807.390.
  (5) The driver license or driver permit replaced under this
section is invalid and shall be surrendered to the department.
  (6) The department may not issue a replacement driver license
or driver permit under this section if:
  (a) The person making application is not qualified to hold a
license or permit at the time of application.
  (b) The driving privileges of the person making application are
suspended or revoked and have not been partially or completely
reinstated.
  (7) The department need not issue a replacement driver license
or driver permit to a person who has not complied with the
requirements and responsibilities created by citation for or
conviction of a traffic offense in another jurisdiction if an
agreement under ORS 802.530 authorizes the department to withhold
issuance of a replacement license or permit.
  SECTION 3. 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, furnishes proof of
both legal presence in the United States and a Social Security
number, or, if the person is not eligible for a Social Security
number, proof of legal presence in the United States and proof
that the person is not eligible for a Social Security number;
  (c) Does not have a current, valid driver license;
  (d) Furnishes evidence of the person's full legal name, age and
identity as the department may require; and
  (e) Submits to collection of biometric data by the department
that establish the identity of the person as provided in ORS
807.024.
  (2) The department shall work with other agencies and
organizations to attempt to improve the issuance system for
identification cards.
  (3) Every original application for an identification card must
be signed by the applicant. The department shall require at least
one document to verify the address of an applicant for issuance
of an identification card in addition to other documents the

Enrolled Senate Bill 1000 (SB 1000-INTRO)                  Page 3

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. + }
    { - (7) - }   { + (8) + } Each original identification card
shall expire on a date consistent with the expiration dates of
licenses as set forth in ORS 807.130.
    { - (8) - }  { +  (9) + } Identification cards shall be
renewed under the terms for renewal of licenses as set forth in
ORS 807.150.
    { - (9) - }  { +  (10) + } The fee for an original
identification card or a renewal thereof shall be the fee
established under ORS 807.410.
    { - (10) - }  { +  (11) + } An identification card becomes
invalid if the holder of the card changes the holder's residence
address from that shown on the identification card and does not
provide the department with notice of the change as required
under ORS 807.420.
    { - (11) - }  { +  (12) + } If a person to whom an
identification card was issued and who changes the person's
residence address appears in person at a department office that
issues identification cards, the department may do any of the
following:
  (a) Issue a replacement identification card containing the new
address upon receipt of the old identification card and payment
of the fee established for issuing a replacement identification
card with a changed address under ORS 807.410.  Except as
otherwise provided in subsection   { - (13) - }  { +  (14) + } of
this section, the replacement identification card shall bear the
same distinguishing number as the card being replaced.
  (b) Note the new address on the old identification card in a
manner to be determined by the department by rule.
    { - (12) - }  { +  (13) + } An identification card becomes
invalid if the holder of the card changes the holder's name from

Enrolled Senate Bill 1000 (SB 1000-INTRO)                  Page 4

that shown on the card, including a change of name by marriage,
without providing the department with notice of the change as
required under ORS 807.420. Upon receiving such notice and the
old identification card, the department shall issue a replacement
identification card upon payment of the fee required under ORS
807.410.
    { - (13) - }  { +  (14) + } In the event that, for a reason
identified by the department by rule, a person needs a
replacement identification card that bears a distinguishing
number different from the number on the card being replaced, the
person to whom the card was issued may obtain a replacement card
from the department upon furnishing proof satisfactory to the
department of the need for such replacement and payment of the
replacement fee under ORS 807.410.
   { +  (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. + }
    { - (14) - }  { +  (16) + } The department may establish by
rule reasons for issuing replacement identification cards that
are in addition to the reasons identified in subsections
 { - (11) to (13) - }  { +  (12) to (15) + } of this section. The
fee for a replacement identification card is provided under ORS
807.410.
    { - (15) - }  { +  (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.
    { - (16) - }  { +  (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 4. ORS 805.103 is amended to read:
  805.103. (1) The Department of Transportation shall provide for
issuance of registration plates for a motor vehicle registered
under ORS 803.420 (1) or (9)(a), in a manner consistent with this
section, to motor vehicle owners who qualify for the plates as

Enrolled Senate Bill 1000 (SB 1000-INTRO)                  Page 5

Congressional Medal of Honor recipients under subsection (2) this
section.
  (2) A person who is a Congressional Medal of Honor recipient
qualifies for registration plates under this section if the
person provides the department with a certificate from the United
States Department of Veterans Affairs attesting to the person's
status as a Congressional Medal of Honor recipient.
  (3) Registration plates issued under this section shall be
considered customized registration plates for purposes of the fee
required in ORS 805.250. { +  The department may waive the fee
required in ORS 805.250. + }
  (4) The department may not issue registration plates for a
motor vehicle under this section if another motor vehicle owned
by the applicant has been issued registration plates under this
section.
  (5) The registration plates issued under this section shall:
  (a) Be issued with a unique background design determined by the
department;
  (b) Be issued with a specific configuration as determined by
the department;
  (c) Contain the words 'Medal of Honor';
  (d) Contain the image of the Congressional Medal of Honor; and
  (e) Meet the requirements for registration plates under ORS
803.535.
  (6) If there is a transfer of interest in the motor vehicle to
which the registration plate under this section is assigned, or
if the motor vehicle is totaled and not reconstructed, the motor
vehicle owner shall remove the registration plate. The
Congressional Medal of Honor recipient may retain the
registration plate, but the registration plate may not be placed
on any other motor vehicle unless the registration plate is
transferred as set forth in subsection (7) of this section.
  (7) If the motor vehicle owner qualifies for the registration
plates under subsection (2) of this section, the department may
transfer registration plates issued under this section to another
motor vehicle registered under ORS 803.420 (1) or (9)(a), as set
forth in ORS 805.242.
  (8) The department shall cancel any registration plates issued
under this section if the department determines that the motor
vehicle is owned by a person who does not qualify for the
registration plates under subsection (2) of this section or that
the motor vehicle is not registered under ORS 803.420 (1) or
(9)(a).
  (9) The department may adopt rules necessary to carry out the
provisions of this section.
  SECTION 5.  { + (1) The amendments to ORS 807.110, 807.160 and
807.400 by sections 1 to 3 of this 2010 Act apply to driver
licenses and identification cards issued, renewed or replaced on
or after the effective date of this 2010 Act.
  (2) The amendments to ORS 805.103 by section 4 of this 2010 Act
apply to motor vehicle registration plates issued, renewed or
replaced on or after the effective date of this 2010 Act. + }
                         ----------

Enrolled Senate Bill 1000 (SB 1000-INTRO)                  Page 6

Passed by Senate February 22, 2010

      ...........................................................
                                              Secretary of Senate

      ...........................................................
                                              President of Senate

Passed by House February 24, 2010

      ...........................................................
                                                 Speaker of House

Enrolled Senate Bill 1000 (SB 1000-INTRO)                  Page 7

Received by Governor:

......M.,............., 2010

Approved:

......M.,............., 2010

      ...........................................................
                                                         Governor

Filed in Office of Secretary of State:

......M.,............., 2010

      ...........................................................
                                               Secretary of State

Enrolled Senate Bill 1000 (SB 1000-INTRO)                  Page 8
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