Bill Text: OR SB873 | 2011 | Regular Session | Introduced
Bill Title: Relating to documents issued by the Department of Transportation.
Spectrum: Committee Bill
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB873 Detail]
Download: Oregon-2011-SB873-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 2345
Senate Bill 873
Sponsored by COMMITTEE ON JUDICIARY
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.
Requires persons 75 years of age or older to renew driver
licenses every two years and to take driving test prior to
renewal. Prorates fees.
A BILL FOR AN ACT
Relating to documents issued by the Department of Transportation;
creating new provisions; and amending ORS 807.040, 807.130,
807.150 and 807.400.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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 { + :
(a) + } In the eighth calendar year after the year of issuance
{ - . - } { + , if the licensee is 69 years of age or younger
when the license is issued.
(b) On the date the licensee reaches 77 years of age, if the
licensee is at least 70 years of age but less than 75 years of
age when the license is issued.
(c) In the second calendar year after the year of issuance, if
the licensee is 75 years of age or older when the license is
issued. + }
(2) A license that is renewed under ORS 807.150 expires { + :
(a) + } Eight years { - from - } { + after + } the
specified expiration date of the immediately preceding license
{ - . - } { + , if the licensee is 69 years of age or younger
on the expiration date of the immediately preceding license.
(b) On the date the licensee reaches 77 years of age, if the
licensee is at least 70 years of age but less than 75 years of
age on the expiration date of the immediately preceding license.
(c) Two years after the specified expiration date of the
immediately preceding license, if the licensee is 75 years of age
or older on the expiration date of the immediately preceding
license. + }
(3) Notwithstanding subsections (1) and (2) of this section, a
license that is issued to a person who is not a citizen or
permanent legal resident of the United States expires on the date
the licensee is no longer authorized to stay in the United
States, as indicated by the documentation the person presented to
the Department of Transportation to provide proof of legal
presence in the United States as required by ORS 807.021 and
807.730, but no
{ - longer - } { + later + } than { + :
(a) + } Eight years { - from - } { + after + } the date of
issuance { - or - } , { + if the licensee is 69 years of age
or younger when the license is issued;
(b) The date the licensee reaches 77 years of age, if the
licensee is at least 70 years of age but less than 75 years of
age when the license is issued;
(c) Two years after the date of issuance, if the licensee is 75
years of age or older when the license is issued; or
(d) + } If there is no definite end to the authorized stay,
{ - after a period of - } one year { + after the date of
issuance + }.
(4) A license that has expired does not grant driving
privileges and is not valid evidence of driving privileges.
SECTION 2. ORS 807.150 is amended to read:
807.150. (1) When a license expires or is about to expire, the
Department of Transportation shall renew the license under this
section if the { - holder of - } { + person who holds + } the
license qualifies for renewal of the license under this section
and:
(a) Applies for renewal within one year of the expiration of a
similar license under ORS 807.130; or
(b) Applies for issuance of a license within six months after
the { - applicant - } { + person + } is discharged from the
Armed Forces of the United States and was licensed by this state
at the time of the
{ - applicant's - } { + person's + } entry into the Armed
Forces.
(2) { + (a) + } To qualify for renewal of a license under this
section, a person must meet all of the requirements under ORS
807.040 for the class of license sought to be renewed { - ,
except that - } { + .
(b) If the person applying for renewal is less than 75 years of
age, + } the department may waive the examination under ORS
807.070 of a person applying for renewal of a license unless the
department has reason to believe that the { - applicant - }
{ + person + } is not qualified to hold the license or unless
the { - applicant for renewal - } { + person + } has not
previously been examined.
{ + (c) If the person applying for renewal is 75 years of age
or older, the department shall test the person's ability to
operate a motor vehicle under ORS 807.070 (3). The department may
waive any other examination under ORS 807.070 of a person
applying for renewal of a license unless the department has
reason to believe that the person is not qualified to hold the
license or unless the person has not previously been
examined. + }
(3) To receive a renewal under this section, the license
renewal fee and the Student Driver Training Fund eligibility fee
under ORS 807.370 must be paid. { + For a person who renews a
license that expires as described in ORS 807.130 (2)(b) or (c),
the department shall prorate the renewal, examination and Student
Driver Training Fund eligibility fees. + }
(4) If a person who applies for a renewal under this section is
not qualified to renew the class of license sought to be renewed,
the department may issue the person any lower class of license
for which the person qualifies in lieu of renewing the person's
license for the class of license held by the person.
(5) A license that is renewed under this section may be used on
or after the date of issuance. If the department issues a license
renewal to a person under this section before the expiration of
the license being renewed, the older license is invalid. A
license that becomes invalid under this subsection shall be
destroyed by the person to whom it was issued.
(6) If the address of the applicant has changed since the last
time a license was issued to or renewed for the applicant, the
department shall require proof to verify the address of an
applicant for renewal of a license in addition to anything else
the department may require of the applicant.
SECTION 3. ORS 807.040 is amended to read:
807.040. (1) The Department of Transportation shall issue a
driver license to any person who complies with all of the
following requirements:
(a) The person must complete an application for a license under
ORS 807.050.
(b) As required by ORS 807.021 and 807.730, the person must
present proof of both legal presence in the United States and a
Social Security number or, if the person is not eligible for a
Social Security number, proof of legal presence in the United
States and proof that the person is not eligible for a Social
Security number.
(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;
(B) Not be disqualified from holding a commercial driver
license under ORS 809.404; and
(C) Not be otherwise ineligible to hold a commercial driver
license.
{ + (2) If the department issues an original license that
expires as described in ORS 807.130 (1)(b) or (c), the department
shall prorate the issuance, examination and Student Driver
Training Fund eligibility fees. + }
{ - (2) - } { + (3) + } The department shall work with
other agencies and organizations to attempt to improve the
issuance system for driver licenses.
SECTION 4. ORS 807.400, as amended by section 3, chapter 61,
Oregon Laws 2010, 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
department may require of the applicant. If the address of an
applicant has changed since the last time an identification card
was issued to or renewed for the applicant, the department shall
require proof to verify the address of the applicant for renewal
of an identification card, in addition to anything else the
department may require.
(4) Every identification card shall be issued upon the standard
license form described under ORS 807.110 and shall bear a
statement to the effect that the identification card is not a
license or any other grant of driving privileges to operate a
motor vehicle and is to be used for identification purposes only.
The department shall use the same security procedures, processes,
materials and features for an identification card as are required
for a license under ORS 807.110. The identification card is not
required to contain the residence address of persons listed in
ORS 807.110 (1)(e).
(5) If the identification card is a limited term identification
card issued under ORS 807.730, the limited term identification
card shall indicate:
(a) That it is a limited term identification card; and
(b) The date on which the limited term identification card
expires.
(6) Upon order of the juvenile court, the department shall
include on the card the fact that the person issued the
identification card is an emancipated minor.
(7) Upon request of the person to whom the identification card
is issued and presentation of proof, as determined by the
department, that the person is a veteran, as defined in ORS
408.225, the department shall include on the card the fact that
the person is a veteran.
(8) Each { - original - } identification card shall expire
on a date consistent with the expiration dates of licenses as set
forth in ORS 807.130 { + (1)(a), (2)(a) and (3)(a) and (d),
regardless of the age of the person who holds the card + }.
(9) Identification cards shall be renewed under the terms for
renewal of licenses as set forth in ORS 807.150.
(10) The fee for an original identification card or a renewal
thereof shall be the fee established under ORS 807.410.
(11) An identification card becomes invalid if the holder of
the card changes the holder's residence address from that shown
on the identification card and does not provide the department
with notice of the change as required under ORS 807.420.
(12) If a person to whom an identification card was issued and
who changes the person's residence address appears in person at a
department office that issues identification cards, the
department may do any of the following:
(a) Issue a replacement identification card containing the new
address upon receipt of the old identification card and payment
of the fee established for issuing a replacement identification
card with a changed address under ORS 807.410. Except as
otherwise provided in subsection (14) of this section, the
replacement identification card shall bear the same
distinguishing number as the card being replaced.
(b) Note the new address on the old identification card in a
manner to be determined by the department by rule.
(13) An identification card becomes invalid if the holder of
the card changes the holder's name from that shown on the card,
including a change of name by marriage, without providing the
department with notice of the change as required under ORS
807.420. Upon receiving such notice and the old identification
card, the department shall issue a replacement identification
card upon payment of the fee required under ORS 807.410.
(14) In the event that, for a reason identified by the
department by rule, a person needs a replacement identification
card that bears a distinguishing number different from the number
on the card being replaced, the person to whom the card was
issued may obtain a replacement card from the department upon
furnishing proof satisfactory to the department of the need for
such replacement and payment of the replacement fee under ORS
807.410.
(15) If a person furnishes proof that the person is a veteran,
as defined in ORS 408.225, and the person's identification card
does not include the fact that the person is a veteran, the
department shall issue a replacement identification card that
includes the fact that the person is a veteran.
(16) The department may establish by rule reasons for issuing
replacement identification cards that are in addition to the
reasons identified in subsections (12) to (15) of this section.
The fee for a replacement identification card is provided under
ORS 807.410.
(17) Upon cancellation of an identification card, the card is
terminated and must be surrendered to the department. An
identification card may be canceled for any of the reasons that
driving privileges or a driver license may be canceled under ORS
809.310. The department may reissue an identification card
canceled under this subsection when the applicant has satisfied
all requirements for the identification card.
(18) Notwithstanding any other provision of this section, the
department may issue an identification card to a person under
this subsection without charge when the person surrenders the
person's driver license or driver permit to the department for
reasons described in this subsection. If the department issues an
identification card under this subsection, the identification
card shall expire at the same time as the surrendered driver
license or driver permit would have expired. An identification
card issued under this subsection is subject to the same
requirements and fees for renewal or upon expiration as any other
identification card issued under this section. The department may
issue identification cards under this subsection for any of the
following reasons:
(a) The person voluntarily surrenders the person's driver
license or driver permit to the department based upon the
person's recognition that the person is no longer competent to
drive.
(b) The person's driving privileges are suspended under ORS
809.419 (1). This paragraph only applies if the person
voluntarily surrenders the person's driver license or driver
permit to the department as provided under ORS 809.500.
SECTION 5. { + The amendments to ORS 807.130 and 807.150 by
sections 1 and 2 of this 2011 Act apply to licenses that expire
on or after the effective date of this 2011 Act. + }
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