Bill Text: OR SB833 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to documents issued by the Department of Transportation.
Spectrum: Moderate Partisan Bill (Democrat 22-4)
Status: (Passed) 2013-05-10 - Effective date, January 1, 2014. [SB833 Detail]
Download: Oregon-2013-SB833-Introduced.html
Bill Title: Relating to documents issued by the Department of Transportation.
Spectrum: Moderate Partisan Bill (Democrat 22-4)
Status: (Passed) 2013-05-10 - Effective date, January 1, 2014. [SB833 Detail]
Download: Oregon-2013-SB833-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 3765
Senate Bill 833
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 as
introduced.
Directs Department of Transportation to issue short term driver
license or short term driver permit to applicant who does not
provide proof of legal presence in United States but otherwise
has complied with all requirements for license or permit and has
resided in Oregon for more than one year.
Prohibits use of short term driver license or short term driver
permit as identification to obtain Oregon concealed handgun
license or purchase firearm from gun dealer.
A BILL FOR AN ACT
Relating to documents issued by the Department of Transportation;
creating new provisions; and amending ORS 97.953, 166.291,
166.412, 166.427, 166.436, 166.438, 802.200, 807.021, 807.040,
807.110, 807.130, 807.310 and 807.370.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2013 Act is added to and made
a part of the Oregon Vehicle Code. + }
SECTION 2. { + (1) The Department of Transportation shall
issue, renew or replace a short term driver license or short term
driver permit for a person who does not provide proof of legal
presence in the United States if the person meets the
requirements described in subsection (2) of this section.
(2) A person is eligible for a short term driver license or a
short term driver permit under this section if the person:
(a) Complies with all of the requirements for the license or
permit 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; and
(d) Provides the Social Security number assigned to the person,
if any, by the United States Social Security Administration.
(3) The department may issue, renew or replace a short term
driver license or short term driver permit 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) Factors determining Oregon residency include:
(a) Evidence that the person owns or leases property in Oregon
for use as a personal domicile by the person;
(b) Filing a full-year resident or part-year resident Oregon
tax return for the most recent tax year; and
(c) Such other factors adopted by the department by rule.
(5) Notwithstanding ORS 807.130 and 807.150, upon issuance and
renewal:
(a) A short term driver license issued under this section
expires on the anniversary of the licensee's birthday in the
fourth calendar year after the date of issuance.
(b) A short term driver permit issued under this section 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.
(6) A short term driver license and a short term driver permit
are not valid for operation of a commercial motor vehicle.
(7) The department shall adopt any rules it considers necessary
for the administration of this section. + }
SECTION 3. 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 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 or identification cards issued.
(c) Every application for a driver license, driver permit or
identification card.
(d) All driver licenses or driver permits 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 short term driver license or short term driver
permit, the Social Security number, if any, of the person to whom
the short term driver license or short term driver permit is
issued. + }
{ - (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 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 4. ORS 807.021 is amended to read:
807.021. (1) Except as provided in ORS 807.310 (5) and 807.405
(4) { + and section 2 of this 2013 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 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.
(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) 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 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, - } { +
Except as provided in section 2 of this 2013 Act, + } 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 { + as described in ORS 807.021 + }.
(c) The person must submit to collection of biometric data by
the department that establish the identity of the person as
described in ORS 807.024.
(d) The person must not be ineligible for the license under ORS
807.060 and must be eligible for the license under ORS 807.062.
(e) The person must successfully pass all examination
requirements under ORS 807.070 for the class of license sought.
(f) The person must pay the appropriate license fee under ORS
807.370 for the class of license sought.
(g) The person must pay the Student Driver Training Fund
eligibility fee.
(h) If the application is for a commercial driver license, the
person must be the holder of a Class C license or any higher
class of license.
(i) If the application is for a commercial driver license, the
person must submit to the department, in a form approved by the
department, the report of a medical examination that establishes
that the person meets the medical requirements for the particular
class of license. The department, by rule, shall establish
medical requirements for purposes of this paragraph. The medical
requirements established under this paragraph may include any
requirements the department determines are necessary for the safe
operation of vehicles permitted to be operated under the class of
license for which the requirements are established.
(j) If the application is for a commercial driver license, the
person must:
(A) Have at least one year's driving experience, 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.
{ + (D) Not be the holder of a short term driver license or
short term driver permit. + }
(2) The department shall work with other agencies and
organizations to attempt to improve the issuance system for
driver licenses.
SECTION 6. 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.
(h) Upon order of the juvenile court, the fact that the person
to whom the license is issued is an emancipated minor.
(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,
may allow the applicant to use a photograph already on file with
the department.
(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.
(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) A short term driver license issued under section 2 of
this 2013 Act shall contain a distinguishing feature, as
determined by the department by rule. + }
{ - (4) - } { + (5) + } 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 7. 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 issued to an applicant 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 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 8. 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, $44.
(b) For renewal fee under ORS 807.210, $32.
(2) Emergency driver permit fee under ORS 807.220, $23.50.
(3) Instruction driver permit fees under ORS 807.280, as
follows:
(a) For issuance, $23.50.
(b) For renewal, $23.50.
(4)(a) License issuance fee for a Class C license, $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, $54.
(6) License issuance fee for a commercial driver license,
whether or not the license contains endorsements, $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
(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,
$55.50.
(15) License renewal fee for a Class C license, $34.
(16) License or driver permit replacement fee under ORS
807.160, $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,
$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, $38.
(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.
(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.
{ + (34)(a) License issuance fee for a Class C short term
license issued under section 2 of this 2013 Act, $74.
(b) Fee to take the knowledge test for a Class C short term
license issued under section 2 of 2013 Act, $5.
(c) Fee to take the skills test for a Class C short term
license issued under section 2 of 2013 Act, $9.
(35) License issuance fee for a restricted Class C short term
license issued under section 2 of 2013 Act, $74.
(36) License renewal fee for a Class C short term license
issued under section 2 of 2013 Act, $54.
(37) Replacement fee for a driver license or driver permit
issued under section 2 of this 2013 Act, $40.
(38) Student Driver Training Fund eligibility fee for a short
term driver license or a short term driver permit issued under
section 2 of this 2013 Act, $6. + }
SECTION 9. 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 10. ORS 97.953 is amended to read:
97.953. As used in ORS 97.951 to 97.982:
(1) 'Adult' means an individual who is 18 years of age or
older.
(2) 'Agent' means an:
(a) Attorney-in-fact as that term is defined in ORS 127.505; or
(b) Individual expressly authorized to make an anatomical gift
on the principal's behalf by any record signed by the principal.
(3) 'Anatomical gift' means a donation of all or part of a
human body to take effect after the donor's death for the purpose
of transplantation, therapy, research or education.
(4) 'Body part' means an organ, an eye or tissue of a human
being. The term does not include the whole body.
(5) 'Decedent' means a deceased individual whose body or body
part is or may be the source of an anatomical gift, and includes
a stillborn infant or a fetus.
(6)(a) 'Disinterested witness' means a witness other than:
(A) A spouse, child, parent, sibling, grandchild, grandparent
or guardian of the individual who makes, amends, revokes or
refuses to make an anatomical gift; or
(B) An adult who exhibited special care and concern for the
individual.
(b) 'Disinterested witness' does not include a person to whom
an anatomical gift could pass under ORS 97.969.
(7) 'Document of gift' means a donor card or other record used
to make an anatomical gift. The term includes a statement, symbol
or designation on a driver license, identification card or donor
registry.
(8) 'Donor' means an individual whose body or body part is the
subject of an anatomical gift.
(9) 'Donor registry' means a centralized database that contains
records of anatomical gifts and amendments to or revocations of
anatomical gifts.
(10) 'Driver license' means a license or permit issued under
ORS 807.021, 807.040, 807.200, 807.280 or 807.730 { + or section
2 of this 2013 Act + }, regardless of whether conditions are
attached to the license or permit.
(11) 'Eye bank' means an organization licensed, accredited or
regulated under federal or state law to engage in the recovery,
screening, testing, processing, storage or distribution of human
eyes or portions of human eyes.
(12) 'Guardian' means a person appointed by a court to make
decisions regarding the support, care, education, health or
welfare of an individual. 'Guardian' does not include a guardian
ad litem.
(13) 'Hospital' means a facility licensed as a hospital under
the law of any state or a facility operated as a hospital by the
United States, a state or a subdivision of a state.
(14) 'Identification card' means the card issued under ORS
807.021, 807.400 or 807.730, or a comparable provision of the
motor vehicle laws of another state.
(15) 'Know' means to have actual knowledge.
(16) 'Minor' means an individual who is under 18 years of age.
(17) 'Organ procurement organization' means an organization
designated by the Secretary of the United States Department of
Health and Human Services as an organ procurement organization.
(18) 'Parent' means a parent whose parental rights have not
been terminated.
(19) 'Physician' means an individual authorized to practice
medicine or osteopathy under the law of any state.
(20) 'Procurement organization' means an eye bank, organ
procurement organization or tissue bank.
(21) 'Prospective donor' means an individual who is dead or
near death and has been determined by a procurement organization
to have a body part that could be medically suitable for
transplantation, therapy, research or education. The term does
not include an individual who has made a refusal.
(22) 'Reasonably available' means able to be contacted by a
procurement organization without undue effort and willing and
able to act in a timely manner consistent with existing medical
criteria necessary for the making of an anatomical gift.
(23) 'Recipient' means an individual into whose body a
decedent's body part has been or is intended to be transplanted.
(24) 'Record' means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
(25) 'Refusal' means a record that expressly states an intent
to prohibit other persons from making an anatomical gift of an
individual's body or body part.
(26) 'Sign' means, with the present intent to authenticate or
adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an
electronic symbol, sound or process.
(27) 'State' means a state of the United States, the District
of Columbia, Puerto Rico, the United States Virgin Islands or any
territory or insular possession subject to the jurisdiction of
the United States.
(28) 'Technician' means an individual determined to be
qualified to remove or process body parts by an appropriate
organization that is licensed, accredited or regulated under
federal or state law. The term includes an enucleator.
(29) 'Tissue' means a portion of the human body other than an
organ or an eye. The term does not include blood unless the blood
is donated for the purpose of research or education.
(30) 'Tissue bank' means a person that is licensed, accredited
or regulated under federal or state law to engage in the
recovery, screening, testing, processing, storage or distribution
of tissue.
(31) 'Transplant hospital' means a hospital that furnishes
organ transplants and other medical and surgical specialty
services required for the care of transplant patients.
SECTION 11. ORS 166.291 is amended to read:
166.291. (1) The sheriff of a county, upon a person's
application for an Oregon concealed handgun license, upon receipt
of the appropriate fees and after compliance with the procedures
set out in this section, shall issue the person a concealed
handgun license if the person:
(a)(A) Is a citizen of the United States; or
(B) Is a legal resident alien who can document continuous
residency in the county for at least six months and has declared
in writing to the United States Citizenship and Immigration
Services the intent to acquire citizenship status and can present
proof of the written declaration to the sheriff at the time of
application for the license;
(b) Is at least 21 years of age;
(c) Is a resident of the county;
(d) Has no outstanding warrants for arrest;
(e) Is not free on any form of pretrial release;
(f) Demonstrates competence with a handgun by any one of the
following:
(A) Completion of any hunter education or hunter safety course
approved by the State Department of Fish and Wildlife or a
similar agency of another state if handgun safety was a component
of the course;
(B) Completion of any National Rifle Association firearms
safety or training course if handgun safety was a component of
the course;
(C) Completion of any firearms safety or training course or
class available to the general public offered by law enforcement,
community college, or private or public institution or
organization or firearms training school utilizing instructors
certified by the National Rifle Association or a law enforcement
agency if handgun safety was a component of the course;
(D) Completion of any law enforcement firearms safety or
training course or class offered for security guards,
investigators, reserve law enforcement officers or any other law
enforcement officers if handgun safety was a component of the
course;
(E) Presents evidence of equivalent experience with a handgun
through participation in organized shooting competition or
military service;
(F) Is licensed or has been licensed to carry a firearm in this
state, unless the license has been revoked; or
(G) Completion of any firearms training or safety course or
class conducted by a firearms instructor certified by a law
enforcement agency or the National Rifle Association if handgun
safety was a component of the course;
(g) Has never been convicted of a felony or found guilty,
except for insanity under ORS 161.295, of a felony;
(h) Has not been convicted of a misdemeanor or found guilty,
except for insanity under ORS 161.295, of a misdemeanor within
the four years prior to the application;
(i) Has not been committed to the Oregon Health Authority under
ORS 426.130;
(j) Has not been found to be mentally ill and is not subject to
an order under ORS 426.130 that the person be prohibited from
purchasing or possessing a firearm as a result of that mental
illness;
(k) Has been discharged from the jurisdiction of the juvenile
court for more than four years if, while a minor, the person was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470;
(L) Has not been convicted of an offense involving controlled
substances or participated in a court-supervised drug diversion
program, except this disability does not operate to exclude a
person if:
(A) The person has been convicted only once of violating ORS
475.864 (3) and has not completed a court-supervised drug
diversion program under ORS 135.907; or
(B) The person has completed a court-supervised drug diversion
program under ORS 135.907 and has not been convicted of violating
ORS 475.864 (3);
(m) Is not subject to a citation issued under ORS 163.735 or an
order issued under ORS 30.866, 107.700 to 107.735 or 163.738;
(n) Has not received a dishonorable discharge from the Armed
Forces of the United States; and
(o) Is not required to register as a sex offender in any state.
(2) A person who has been granted relief under ORS 166.274 or
166.293 or section 5, chapter 826, Oregon Laws 2009, or 18 U.S.C.
925(c) or has had the person's record expunged under the laws of
this state or equivalent laws of other jurisdictions is not
subject to the disabilities in subsection (1)(g) to (L) of this
section.
(3) Before the sheriff may issue a license:
(a) The application must state the applicant's legal name,
current address and telephone number, date and place of birth,
hair and eye color and height and weight. The application must
also list the applicant's residence address or addresses for the
previous three years. The application must contain a statement by
the applicant that the applicant meets the requirements of
subsection (1) of this section. The application may include the
Social Security number of the applicant if the applicant
voluntarily provides this number. The application must be signed
by the applicant.
(b) The applicant must submit to fingerprinting and
photographing by the sheriff. The sheriff shall fingerprint and
photograph the applicant and shall conduct any investigation
necessary to corroborate the requirements listed under subsection
(1) of this section. If a nationwide criminal records check is
necessary, the sheriff shall request the Department of State
Police to conduct the check, including fingerprint
identification, through the Federal Bureau of Investigation. The
Federal Bureau of Investigation shall return the fingerprint
cards used to conduct the criminal records check and may not keep
any record of the fingerprints. The Department of State Police
shall report the results of the fingerprint-based criminal
records check to the sheriff. The Department of State Police
shall also furnish the sheriff with any information about the
applicant that the Department of State Police may have in its
possession including, but not limited to, manual or computerized
criminal offender information.
(4) Application forms for concealed handgun licenses shall be
supplied by the sheriff upon request. The forms shall be uniform
throughout this state in substantially the following form:
_________________________________________________________________
APPLICATION FOR LICENSE TO CARRY
CONCEALED HANDGUN
Date_____
I hereby declare as follows:
I am a citizen of the United States or a legal resident alien
who can document continuous residency in the county for at least
six months and have declared in writing to the United States
Citizenship and Immigration Services my intention to become a
citizen and can present proof of the written declaration to the
sheriff at the time of this application. I am at least 21 years
of age. I have been discharged from the jurisdiction of the
juvenile court for more than four years if, while a minor, I was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470. I have never been convicted of a felony
or found guilty, except for insanity under ORS 161.295, of a
felony in the State of Oregon or elsewhere. I have not, within
the last four years, been convicted of a misdemeanor or found
guilty, except for insanity under ORS 161.295, of a misdemeanor.
Except as provided in ORS 166.291 (1)(L), I have not been
convicted of an offense involving controlled substances or
completed a court-supervised drug diversion program. There are no
outstanding warrants for my arrest and I am not free on any form
of pretrial release. I have not been committed to the Oregon
Health Authority under ORS 426.130, nor have I been found
mentally ill and presently subject to an order prohibiting me
from purchasing or possessing a firearm because of mental
illness. If any of the previous conditions do apply to me, I have
been granted relief or wish to petition for relief from the
disability under ORS 166.274 or 166.293 or section 5, chapter
826, Oregon Laws 2009, or 18 U.S.C. 925(c) or have had the
records expunged. I am not subject to a citation issued under ORS
163.735 or an order issued under ORS 30.866, 107.700 to 107.735
or 163.738. I have never received a dishonorable discharge from
the Armed Forces of the United States. I am not required to
register as a sex offender in any state. I understand I will be
fingerprinted and photographed.
Legal name ________
Age ____ Date of birth _____
Place of birth ________
Social Security number _______
(Disclosure of your Social Security account number is voluntary.
Solicitation of the number is authorized under ORS 166.291. It
will be used only as a means of identification.)
Proof of identification (Two pieces of current identification are
required, one of which must bear a photograph of the
applicant. { + A short term driver license or a short term
driver permit issued under section 2 of this 2013 Act may not be
used as identification. + } The type of identification and the
number on the identification are to be filled in by the
sheriff.):
1.________
2.________
Height ___ Weight ___
Hair color ___ Eye color ___
Current address _____
(List residence addresses for the
past three years on the back.)
City ___ County ___ Zip ___
Phone ___
I have read the entire text of this application, and the
statements therein are correct and true. (Making false statements
on this application is a misdemeanor.)
__________
(Signature of Applicant)
Character references.
__________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name Address
__________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name Address
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Approved __ Disapproved __ by __
Competence with handgun demonstrated by ___ (to be filled in by
sheriff)
Date ___ Fee Paid ___
License No. ___
_________________________________________________________________
(5)(a) Fees for concealed handgun licenses are:
(A) $15 to the Department of State Police for conducting the
fingerprint check of the applicant.
(B) $50 to the sheriff for the issuance or renewal of a
concealed handgun license.
(C) $15 to the sheriff for the duplication of a license because
of loss or change of address.
(b) The sheriff may enter into an agreement with the Department
of Transportation to produce the concealed handgun license.
(6) No civil or criminal liability shall attach to the sheriff
or any authorized representative engaged in the receipt and
review of, or an investigation connected with, any application
for, or in the issuance, denial or revocation of, any license
under ORS 166.291 to 166.295 as a result of the lawful
performance of duties under those sections.
(7) Immediately upon acceptance of an application for a
concealed handgun license, the sheriff shall enter the
applicant's name into the Law Enforcement Data System indicating
that the person is an applicant for a concealed handgun license
or is a license holder.
(8) The county sheriff may waive the residency requirement in
subsection (1)(c) of this section for a resident of a contiguous
state who has a compelling business interest or other legitimate
demonstrated need.
(9) For purposes of subsection (1)(c) of this section, a person
is a resident of a county if the person:
(a) Has a current Oregon driver license issued to the person
showing a residence address in the county { + , except that a
short term driver license or a short term driver permit issued
under section 2 of this 2013 Act may not be used to establish
residency + };
(b) Is registered to vote in the county and has a memorandum
card issued to the person under ORS 247.181 showing a residence
address in the county;
(c) Has documentation showing that the person currently leases
or owns real property in the county; or
(d) Has documentation showing that the person filed an Oregon
tax return for the most recent tax year showing a residence
address in the county.
SECTION 12. ORS 166.291, as amended by section 10, chapter 826,
Oregon Laws 2009, and section 34, chapter 547, Oregon Laws 2011,
is amended to read:
166.291. (1) The sheriff of a county, upon a person's
application for an Oregon concealed handgun license, upon receipt
of the appropriate fees and after compliance with the procedures
set out in this section, shall issue the person a concealed
handgun license if the person:
(a)(A) Is a citizen of the United States; or
(B) Is a legal resident alien who can document continuous
residency in the county for at least six months and has declared
in writing to the United States Citizenship and Immigration
Services the intent to acquire citizenship status and can present
proof of the written declaration to the sheriff at the time of
application for the license;
(b) Is at least 21 years of age;
(c) Is a resident of the county;
(d) Has no outstanding warrants for arrest;
(e) Is not free on any form of pretrial release;
(f) Demonstrates competence with a handgun by any one of the
following:
(A) Completion of any hunter education or hunter safety course
approved by the State Department of Fish and Wildlife or a
similar agency of another state if handgun safety was a component
of the course;
(B) Completion of any National Rifle Association firearms
safety or training course if handgun safety was a component of
the course;
(C) Completion of any firearms safety or training course or
class available to the general public offered by law enforcement,
community college, or private or public institution or
organization or firearms training school utilizing instructors
certified by the National Rifle Association or a law enforcement
agency if handgun safety was a component of the course;
(D) Completion of any law enforcement firearms safety or
training course or class offered for security guards,
investigators, reserve law enforcement officers or any other law
enforcement officers if handgun safety was a component of the
course;
(E) Presents evidence of equivalent experience with a handgun
through participation in organized shooting competition or
military service;
(F) Is licensed or has been licensed to carry a firearm in this
state, unless the license has been revoked; or
(G) Completion of any firearms training or safety course or
class conducted by a firearms instructor certified by a law
enforcement agency or the National Rifle Association if handgun
safety was a component of the course;
(g) Has never been convicted of a felony or found guilty,
except for insanity under ORS 161.295, of a felony;
(h) Has not been convicted of a misdemeanor or found guilty,
except for insanity under ORS 161.295, of a misdemeanor within
the four years prior to the application;
(i) Has not been committed to the Oregon Health Authority under
ORS 426.130;
(j) Has not been found to be mentally ill and is not subject to
an order under ORS 426.130 that the person be prohibited from
purchasing or possessing a firearm as a result of that mental
illness;
(k) Has been discharged from the jurisdiction of the juvenile
court for more than four years if, while a minor, the person was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470;
(L) Has not been convicted of an offense involving controlled
substances or participated in a court-supervised drug diversion
program, except this disability does not operate to exclude a
person if:
(A) The person has been convicted only once of violating ORS
475.864 (3) and has not completed a court-supervised drug
diversion program under ORS 135.907; or
(B) The person has completed a court-supervised drug diversion
program under ORS 135.907 and has not been convicted of violating
ORS 475.864 (3);
(m) Is not subject to a citation issued under ORS 163.735 or an
order issued under ORS 30.866, 107.700 to 107.735 or 163.738;
(n) Has not received a dishonorable discharge from the Armed
Forces of the United States; and
(o) Is not required to register as a sex offender in any state.
(2) A person who has been granted relief under ORS 166.274 or
166.293 or 18 U.S.C. 925(c) or has had the person's record
expunged under the laws of this state or equivalent laws of other
jurisdictions is not subject to the disabilities in subsection
(1)(g) to (L) of this section.
(3) Before the sheriff may issue a license:
(a) The application must state the applicant's legal name,
current address and telephone number, date and place of birth,
hair and eye color and height and weight. The application must
also list the applicant's residence address or addresses for the
previous three years. The application must contain a statement by
the applicant that the applicant meets the requirements of
subsection (1) of this section. The application may include the
Social Security number of the applicant if the applicant
voluntarily provides this number. The application must be signed
by the applicant.
(b) The applicant must submit to fingerprinting and
photographing by the sheriff. The sheriff shall fingerprint and
photograph the applicant and shall conduct any investigation
necessary to corroborate the requirements listed under subsection
(1) of this section. If a nationwide criminal records check is
necessary, the sheriff shall request the Department of State
Police to conduct the check, including fingerprint
identification, through the Federal Bureau of Investigation. The
Federal Bureau of Investigation shall return the fingerprint
cards used to conduct the criminal records check and may not keep
any record of the fingerprints. The Department of State Police
shall report the results of the fingerprint-based criminal
records check to the sheriff. The Department of State Police
shall also furnish the sheriff with any information about the
applicant that the Department of State Police may have in its
possession including, but not limited to, manual or computerized
criminal offender information.
(4) Application forms for concealed handgun licenses shall be
supplied by the sheriff upon request. The forms shall be uniform
throughout this state in substantially the following form:
_________________________________________________________________
APPLICATION FOR LICENSE TO CARRY
CONCEALED HANDGUN
Date_____
I hereby declare as follows:
I am a citizen of the United States or a legal resident alien
who can document continuous residency in the county for at least
six months and have declared in writing to the United States
Citizenship and Immigration Services my intention to become a
citizen and can present proof of the written declaration to the
sheriff at the time of this application. I am at least 21 years
of age. I have been discharged from the jurisdiction of the
juvenile court for more than four years if, while a minor, I was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470. I have never been convicted of a felony
or found guilty, except for insanity under ORS 161.295, of a
felony in the State of Oregon or elsewhere. I have not, within
the last four years, been convicted of a misdemeanor or found
guilty, except for insanity under ORS 161.295, of a misdemeanor.
Except as provided in ORS 166.291 (1)(L), I have not been
convicted of an offense involving controlled substances or
completed a court-supervised drug diversion program. There are no
outstanding warrants for my arrest and I am not free on any form
of pretrial release. I have not been committed to the Oregon
Health Authority under ORS 426.130, nor have I been found
mentally ill and presently subject to an order prohibiting me
from purchasing or possessing a firearm because of mental
illness. If any of the previous conditions do apply to me, I have
been granted relief or wish to petition for relief from the
disability under ORS 166.274 or 166.293 or 18 U.S.C. 925(c) or
have had the records expunged. I am not subject to a citation
issued under ORS 163.735 or an order issued under ORS 30.866,
107.700 to 107.735 or 163.738. I have never received a
dishonorable discharge from the Armed Forces of the United
States. I am not required to register as a sex offender in any
state. I understand I will be fingerprinted and photographed.
Legal name ________
Age ____ Date of birth _____
Place of birth ________
Social Security number _______
(Disclosure of your Social Security account number is voluntary.
Solicitation of the number is authorized under ORS 166.291. It
will be used only as a means of identification.)
Proof of identification (Two pieces of current identification are
required, one of which must bear a photograph of the applicant.
{ + A short term driver license or a short term driver permit
issued under section 2 of this 2013 Act may not be used as
identification. + } The type of identification and the number on
the identification are to be filled in by the sheriff.):
1.________
2.________
Height ___ Weight ___
Hair color ___ Eye color ___
Current address _____
(List residence addresses for the
past three years on the back.)
City ___ County ___ Zip ___
Phone ___
I have read the entire text of this application, and the
statements therein are correct and true. (Making false statements
on this application is a misdemeanor.)
__________
(Signature of Applicant)
Character references.
__________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name: Address
__________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name: Address
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Approved __ Disapproved __ by __
Competence with handgun demonstrated by ___ (to be filled in by
sheriff)
Date ___ Fee Paid ___
License No. ___
_________________________________________________________________
(5)(a) Fees for concealed handgun licenses are:
(A) $15 to the Department of State Police for conducting the
fingerprint check of the applicant.
(B) $50 to the sheriff for the issuance or renewal of a
concealed handgun license.
(C) $15 to the sheriff for the duplication of a license because
of loss or change of address.
(b) The sheriff may enter into an agreement with the Department
of Transportation to produce the concealed handgun license.
(6) No civil or criminal liability shall attach to the sheriff
or any authorized representative engaged in the receipt and
review of, or an investigation connected with, any application
for, or in the issuance, denial or revocation of, any license
under ORS 166.291 to 166.295 as a result of the lawful
performance of duties under those sections.
(7) Immediately upon acceptance of an application for a
concealed handgun license, the sheriff shall enter the
applicant's name into the Law Enforcement Data System indicating
that the person is an applicant for a concealed handgun license
or is a license holder.
(8) The county sheriff may waive the residency requirement in
subsection (1)(c) of this section for a resident of a contiguous
state who has a compelling business interest or other legitimate
demonstrated need.
(9) For purposes of subsection (1)(c) of this section, a person
is a resident of a county if the person:
(a) Has a current Oregon driver license issued to the person
showing a residence address in the county { + , except that a
short term driver license or a short term driver permit issued
under section 2 of this 2013 Act may not be used to establish
residency + };
(b) Is registered to vote in the county and has a memorandum
card issued to the person under ORS 247.181 showing a residence
address in the county;
(c) Has documentation showing that the person currently leases
or owns real property in the county; or
(d) Has documentation showing that the person filed an Oregon
tax return for the most recent tax year showing a residence
address in the county.
SECTION 13. ORS 166.412 is amended to read:
166.412. (1) As used in this section:
(a) 'Antique firearm' has the meaning given that term in 18
U.S.C. 921;
(b) 'Department' means the Department of State Police;
(c) 'Firearm' has the meaning given that term in ORS 166.210,
except that it does not include an antique firearm;
(d) 'Firearms transaction record' means the firearms
transaction record required by 18 U.S.C. 921 to 929;
(e) 'Firearms transaction thumbprint form' means a form
provided by the department under subsection (11) of this section;
(f) 'Gun dealer' means a person engaged in the business, as
defined in 18 U.S.C. 921, of selling, leasing or otherwise
transferring a firearm, whether the person is a retail dealer,
pawnbroker or otherwise;
(g) 'Handgun' has the meaning given that term in ORS 166.210;
and
(h) 'Purchaser' means a person who buys, leases or otherwise
receives a firearm from a gun dealer.
(2) Except as provided in subsections (3)(c) and (12) of this
section, a gun dealer shall comply with the following before a
handgun is delivered to a purchaser:
(a) The purchaser shall present to the dealer current
identification meeting the requirements of subsection (4) of this
section.
(b) The gun dealer shall complete the firearms transaction
record and obtain the signature of the purchaser on the record.
(c) The gun dealer shall obtain the thumbprints of the
purchaser on the firearms transaction thumbprint form and attach
the form to the gun dealer's copy of the firearms transaction
record to be filed with that copy.
(d) The gun dealer shall request by telephone that the
department conduct a criminal history record check on the
purchaser and shall provide the following information to the
department:
(A) The federal firearms license number of the gun dealer;
(B) The business name of the gun dealer;
(C) The place of transfer;
(D) The name of the person making the transfer;
(E) The make, model, caliber and manufacturer's number of the
handgun being transferred;
(F) The name and date of birth of the purchaser;
(G) The Social Security number of the purchaser if the
purchaser voluntarily provides this number to the gun dealer; and
(H) The type, issuer and identification number of the
identification presented by the purchaser.
(e) The gun dealer shall receive a unique approval number for
the transfer from the department and record the approval number
on the firearms transaction record and on the firearms
transaction thumbprint form.
(f) The gun dealer may destroy the firearms transaction
thumbprint form five years after the completion of the firearms
transaction thumbprint form.
(3)(a) Upon receipt of a request of the gun dealer for a
criminal history record check, the department shall immediately,
during the gun dealer's telephone call or by return call:
(A) Determine, from criminal records and other information
available to it, whether the purchaser is disqualified under ORS
166.470 from completing the purchase; and
(B) Notify the dealer when a purchaser is disqualified from
completing the transfer or provide the dealer with a unique
approval number indicating that the purchaser is qualified to
complete the transfer.
(b) If the department is unable to determine if the purchaser
is qualified or disqualified from completing the transfer within
30 minutes, the department shall notify the dealer and provide
the dealer with an estimate of the time when the department will
provide the requested information.
(c) If the department fails to provide a unique approval number
to a gun dealer or to notify the gun dealer that the purchaser is
disqualified under paragraph (a) of this subsection before the
close of the gun dealer's next business day following the request
by the dealer for a criminal history record check, the dealer may
deliver the handgun to the purchaser.
(4)(a) { + Except as provided in paragraph (d) of this
subsection, + } identification required of the purchaser under
subsection (2) of this section shall include one piece of current
identification bearing a photograph and the date of birth of the
purchaser that:
(A) Is issued under the authority of the United States
Government, a state, a political subdivision of a state, a
foreign government, a political subdivision of a foreign
government, an international governmental organization or an
international quasi-governmental organization; and
(B) Is intended to be used for identification of an individual
or is commonly accepted for the purpose of identification of an
individual.
(b) If the identification presented by the purchaser under
paragraph (a) of this subsection does not include the current
address of the purchaser, the purchaser shall present a second
piece of current identification that contains the current address
of the purchaser. The Superintendent of State Police may specify
by rule the type of identification that may be presented under
this paragraph.
(c) The department may require that the dealer verify the
identification of the purchaser if that identity is in question
by sending the thumbprints of the purchaser to the department.
{ + (d) A gun dealer may not accept a short term driver
license or a short term driver permit issued under section 2 of
this 2013 Act as identification. + }
(5) The department shall establish a telephone number that
shall be operational seven days a week between the hours of 8
a.m. and 10 p.m. for the purpose of responding to inquiries from
dealers for a criminal history record check under this section.
(6) No public employee, official or agency shall be held
criminally or civilly liable for performing the investigations
required by this section provided the employee, official or
agency acts in good faith and without malice.
(7)(a) The department may retain a record of the information
obtained during a request for a criminal records check for no
more than five years.
(b) The record of the information obtained during a request for
a criminal records check by a gun dealer is exempt from
disclosure under public records law.
(8) A law enforcement agency may inspect the records of a gun
dealer relating to transfers of handguns with the consent of a
gun dealer in the course of a reasonable inquiry during a
criminal investigation or under the authority of a properly
authorized subpoena or search warrant.
(9) When a handgun is delivered, it shall be unloaded.
(10) In accordance with applicable provisions of ORS chapter
183, the Superintendent of State Police may adopt rules necessary
for:
(a) The design of the firearms transaction thumbprint form;
(b) The maintenance of a procedure to correct errors in the
criminal records of the department;
(c) The provision of a security system to identify dealers who
request a criminal history record check under subsection (2) of
this section; and
(d) The creation and maintenance of a database of the business
hours of gun dealers.
(11) The department shall publish the firearms transaction
thumbprint form and shall furnish the form to gun dealers on
application at cost.
(12) This section does not apply to transactions between
persons licensed as dealers under 18 U.S.C. 923.
SECTION 14. ORS 166.427 is amended to read:
166.427. (1) Whenever a person engaged in the business, as
defined in 18 U.S.C. 921, of selling, leasing or otherwise
transferring a firearm, whether the person is a retail dealer,
pawnbroker or otherwise, buys or accepts in trade, a used
firearm, the person shall enter in a register the time, date and
place of purchase or trade, the name of the person selling or
trading the firearm, the number of the identification
documentation presented by the person and the make, model and
manufacturer's number of the firearm. The register shall be
obtained from and furnished by the Department of State Police to
the dealer on application at cost.
{ + (2) A person may not accept a short term driver license
or a short term driver permit issued under section 2 of this 2013
Act as identification. + }
{ - (2) - } { + (3) + } The duplicate sheet of the register
shall, on the day of purchase or trade, be hand delivered or
mailed to the local law enforcement authority.
{ - (3) - } { + (4) + } Violation of this section by any
person engaged in the business of selling, leasing or otherwise
transferring a firearm is a Class C misdemeanor.
SECTION 15. ORS 166.436 is amended to read:
166.436. (1) The Department of State Police shall make the
telephone number established under ORS 166.412 (5) available for
requests from persons other than gun dealers for criminal
background checks under this section.
(2) Prior to transferring a firearm, a transferor other than a
gun dealer may request by telephone that the department conduct a
criminal background check on the recipient and shall provide the
following information to the department:
(a) The name, address and telephone number of the transferor;
(b) The make, model, caliber and manufacturer's number of the
firearm being transferred;
(c) The name, date of birth, race, sex and address of the
recipient;
(d) The Social Security number of the recipient if the
recipient voluntarily provides that number;
(e) The address of the place where the transfer is occurring;
and
(f) The type, issuer and identification number of a current
piece of identification bearing a recent photograph of the
recipient presented by the recipient. The identification
presented by the recipient must meet the requirements of ORS
166.412 (4)(a).
{ + (3) A transferor may not accept a short term driver
license or a short term driver permit issued under section 2 of
this 2013 Act as proof of the recipient's identity, including the
recipient's name, date of birth or address. + }
{ - (3)(a) - } { + (4)(a) + } Upon receipt of a request for
a criminal background check under this section, the department
shall immediately, during the telephone call or by return call:
(A) Determine from criminal records and other information
available to it whether the recipient is disqualified under ORS
166.470 from completing the transfer or is otherwise prohibited
by state or federal law from possessing a firearm; and
(B) Notify the transferor when a recipient is disqualified from
completing the transfer or provide the transferor with a unique
approval number indicating that the recipient is qualified to
complete the transfer. The unique approval number is a permit
valid for 24 hours for the requested transfer. If the firearm is
not transferred from the transferor to the recipient within 24
hours after receipt of the unique approval number, a new request
must be made by the transferor.
(b) If the department is unable to determine whether the
recipient is qualified for or disqualified from completing the
transfer within 30 minutes of receiving the request, the
department shall notify the transferor and provide the transferor
with an estimate of the time when the department will provide the
requested information.
{ - (4) - } { + (5) + } A public employee or public agency
incurs no criminal or civil liability for performing the criminal
background checks required by this section, provided the employee
or agency acts in good faith and without malice.
{ - (5)(a) - } { + (6)(a) + } The department may retain a
record of the information obtained during a request for a
criminal background check under this section for the period of
time provided in ORS 166.412 (7).
(b) The record of the information obtained during a request for
a criminal background check under this section is exempt from
disclosure under public records law.
{ - (6) - } { + (7) + } The recipient of the firearm must
be present when the transferor requests a criminal background
check under this section.
{ - (7)(a) - } { + (8)(a) + } Except as otherwise provided
in paragraphs (b) and (c) of this subsection, a transferor who
receives notification under this section that the recipient is
qualified to complete the transfer of a firearm is immune from
civil liability for any use of the firearm from the time of the
transfer unless the transferor knows, or reasonably should know,
that the recipient is likely to commit an unlawful act involving
the firearm.
(b) If the transferor is required to request a criminal
background check under ORS 166.438, the immunity provided by
paragraph (a) of this subsection applies only if, in addition to
receiving the notification required by this section, the
transferor has the recipient fill out the form required by ORS
166.438 (1)(a) and retains the form as required by ORS 166.438
{ - (2) - } { + (3) + }.
(c) The immunity provided by paragraph (a) of this subsection
does not apply:
(A) If the transferor knows, or reasonably should know, that
the recipient of the firearm intends to deliver the firearm to a
third person who the transferor knows, or reasonably should know,
may not lawfully possess the firearm; or
(B) In any product liability civil action under ORS 30.900 to
30.920.
SECTION 16. ORS 166.438 is amended to read:
166.438. (1) A transferor other than a gun dealer may not
transfer a firearm at a gun show unless the transferor:
(a)(A) Requests a criminal background check under ORS 166.436
prior to completing the transfer;
(B) Receives notification that the recipient is qualified to
complete the transfer; and
(C) Has the recipient complete the form described in ORS
166.441; or
(b) Completes the transfer through a gun dealer.
{ + (2) A transferor may not accept a short term driver
license or a short term driver permit issued under section 2 of
this 2013 Act as proof of the recipient's identity, including the
recipient's name, date of birth or address. + }
{ - (2) - } { + (3) + } The transferor shall retain the
completed form referred to in subsection (1) of this section for
at least five years and shall make the completed form available
to law enforcement agencies for the purpose of criminal
investigations.
{ - (3) - } { + (4) + } A person who organizes a gun show
shall post in a prominent place at the gun show a notice
explaining the requirements of subsections (1) and { - (2) - }
{ + (3) + } of this section. The person shall provide the form
required by subsection (1) of this section to any person
transferring a firearm at the gun show.
{ - (4) - } { + (5) + } Subsection (1) of this section does
not apply if the transferee is licensed as a dealer under 18
U.S.C. 923.
{ - (5)(a) - } { + (6)(a) + } Failure to comply with the
requirements of subsection (1), { - (2) or (3) - } { + (3) or
(4) + } of this section is a Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, failure
to comply with the requirements of subsection (1), { - (2) or
(3) - } { + (3) or (4) + } of this section is a Class C felony
if the person has two or more previous convictions under this
section.
{ - (6) - } { + (7) + } It is an affirmative defense to a
charge of violating subsection (1) or { - (3) - } { + (4) + }
of this section that the person did not know, or reasonably could
not know, that more than 25 firearms were at the site and
available for transfer.
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