77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

SA to SB 833

LC 3765/SB 833-10

                      SENATE AMENDMENTS TO
                         SENATE BILL 833

           By COMMITTEE ON BUSINESS AND TRANSPORTATION

                            April 16

  On page 1 of the printed bill, line 3, after 'ORS' delete the
rest of the line and line 4 and insert '366.505, 367.173,
367.605, 802.110, 802.160, 807.130, 807.310 and 807.375.'.
  Delete lines 6 through 28 and delete pages 2 through 24 and
insert:
  '  { +  SECTION 1. + }  { + Sections 2 to 5 of this 2013 Act
are added to and made a part of the Oregon Vehicle Code. + }
  '  { +  SECTION 2. + }  { +  (1) Except as provided in this
section, for the purposes of the Oregon Vehicle Code a driver
card is subject to the same statutes and procedures that govern
driver licenses and driver permits and shall be issued, renewed
or replaced in the same manner as driver licenses or driver
permits.
  ' (2) The Department of Transportation shall issue, renew or
replace a driver card without requiring a person to provide proof
of legal presence in the United States if the person meets the
requirements described in subsection (3) of this section.
  ' (3) A person is eligible for a driver card under this section
if the person:
  ' (a) Complies with all of the requirements for the 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;
  ' (d) Provides the Social Security number assigned to the
person, if any, by the United States Social Security
Administration; and
  ' (e) Pays the fees required under section 5 of this 2013 Act.
  ' (4) The department may issue, renew or replace a driver card
for an applicant who has submitted a Social Security number only
after the department verifies the Social Security number with the
United States Social Security Administration.
  ' (5) A person may prove residency in this state in excess of
one year by:
  ' (a) Providing evidence that the person owns or leases
property in Oregon for use as a personal domicile by the person;
  ' (b) Providing evidence that the person filed a full-year
resident or part-year resident Oregon tax return for the most
recent tax year; or
  ' (c) Demonstrating such other factors adopted by the
department by rule.
  ' (6) Notwithstanding ORS 807.130 and 807.150, upon issuance
and renewal:
  ' (a) A driver card issued under this section that is subject
to the same requirements and issued in the same manner as a
driver license expires on the anniversary of the licensee's
birthday in the fourth calendar year after the date of issuance.
  ' (b) A driver card issued under this section that is subject
to the same requirements and issued in the same manner as a
driver permit is valid for the period of time for which a driver
permit of the same type is issued by the department, but no
longer than a period of four years.
  ' (7) The department may not issue a commercial driver license
to a person who holds a driver card issued under this section.
  ' (8) The department shall adopt any rules the department
considers necessary for the administration of this section. + }
  '  { +  SECTION 3. + }  { + A driver card issued, renewed or
replaced under section 2 of this 2013 Act must contain:
  ' (1) The words 'driver card' and may not contain the words '
driver license' or 'driver permit.  '
  ' (2) A feature distinguishing the driver card from a driver
license and driver permit. The form of the distinguishing feature
shall be determined by the department by rule. + }
  '  { +  SECTION 4. + }  { + A driver card issued, renewed or
replaced under section 2 of this 2013 Act may be used only:
  ' (1) To provide evidence of a grant of driving privileges.
  ' (2) In the same manner as provided for driver licenses in ORS
97.951 to 97.982 for the purpose of identifying the person as an
anatomical donor.
  ' (3) To identify the person as an emancipated minor.
  ' (4) To identify the person as a veteran.
  ' (5) To provide a driver license number as required under ORS
18.042, 18.170 and 25.020.
  ' (6) To provide a driver license number to aid a law
enforcement agency in identifying a missing person under ORS
146.181. + }
  '  { +  SECTION 5. + }  { + The following are the fees relating
to the issuance, replacement and renewal of driver cards:
  ' (1) Driver card issuance fee for a Class C driver card issued
under section 2 of this 2013 Act, $64.
  ' (2) Fee to take the knowledge test for a Class C driver card
issued under section 2 of this 2013 Act, $5.
  ' (3) Fee to take the skills test for a Class C driver card
issued under section 2 of this 2013 Act, $9.
  ' (4) Driver card issuance fee for a restricted Class C driver
card issued under section 2 of this 2013 Act, $64.
  ' (5) Driver card renewal fee for a Class C driver card issued
under section 2 of this 2013 Act, $44.
  ' (6) Replacement fee for a driver card issued under section 2
of this 2013 Act, $30.
  ' (7) Student Driver Training Fund eligibility fee for a driver
card issued under section 2 of this 2013 Act, $6. + }
  '  { +  SECTION 6. + } ORS 807.310 is amended to read:
  ' 807.310. (1) The Department of Transportation shall provide
for the issuance of applicant temporary driver permits in a
manner consistent with this section.
  ' (2) The department may issue an applicant temporary driver
permit to an applicant for a driver license or for a driver
permit while the department is determining all facts relative to
application for the driver license or driver permit. The
department shall set forth on the applicant temporary driver
permit the driving privileges granted under the permit.
  ' (3) The holder of an applicant temporary driver permit must
have the temporary driver permit on the holder's person while
operating a motor vehicle. The holder of an applicant temporary
driver permit must operate within the driving privileges granted
under the temporary driver permit.
  ' (4)  { + Except as provided in subsection (5) of this
section, + } an applicant temporary driver permit is valid for a
period of 30 days from the date issued. The department may extend
the term of the permit for sufficient cause. An extension of the
term of the permit may not exceed an additional 30 days.
  ' (5)  { + An applicant temporary driver permit is valid for a
period of 90 days from the date issued + } if an applicant { + :
  ' (a) + } Has complied with all the requirements for an
application for a driver license or driver permit, except that
the applicant is unable to produce the documentation required by
the department under ORS 807.021 and 807.730  { - , the
department, at the time of application, may issue to the
applicant an applicant temporary driver permit as provided in
this section if the applicant - }  { + ; and
  ' (b) + } Certifies that the applicant is, to the best of the
applicant's knowledge, legally present in the United States.
  ' (6)   { - An applicant temporary driver permit issued to an
applicant under subsection (5) of this section is valid for a
period of 90 days from the date issued. - }  The department may
extend the term of   { - the permit - }   { + an applicant
temporary driver permit under subsection (4) of this section + }
up to two times for sufficient cause. Each extension of the term
of the permit may not exceed 90 days.
  ' (7) Notwithstanding subsection (6) of this section, the
department may, in the manner provided by rule, further extend
the term of the applicant temporary driver permit { +  under
subsection (4) of this section + } for an applicant who needs
additional time to obtain the documentation required under ORS
807.021 and 807.730.
  ' (8) An applicant temporary driver permit automatically
becomes invalid if the applicant's license or permit is issued or
refused for good cause.
  ' (9) The department may not charge a fee for issuance of an
applicant temporary driver permit under this section.
  '  { +  SECTION 7. + } ORS 807.130 is amended to read:
  ' 807.130. (1) A license that is issued as an original license
and not as a license that is renewed expires on the anniversary
of the licensee's birthday in the eighth calendar year after the
year of issuance.
  ' (2) A license that is renewed under ORS 807.150 expires eight
years from the specified expiration date of the immediately
preceding license.
  ' (3) Notwithstanding subsections (1) and (2) of this section,
a  { + limited term driver  + }license that is issued { +  under
ORS 807.730 + } to a person who is not a citizen or permanent
legal resident of the United States expires on the date the
licensee is no longer authorized to stay in the United States, as
indicated by the documentation the person presented to the
Department of Transportation to provide proof of legal presence
in the United States as required by ORS 807.021 and 807.730, but
no longer than eight years from the date of issuance or, if there
is no definite end to the authorized stay, after a period of one
year.
  ' (4) A license that has expired does not grant driving
privileges and is not valid evidence of driving privileges.
  '  { +  SECTION 8. + } ORS 366.505 is amended to read:
  ' 366.505. (1) The State Highway Fund shall consist of:
  ' (a) All moneys and revenues derived under and by virtue of
the sale of bonds, the sale of which is authorized by law and the
proceeds thereof to be dedicated to highway purposes.
  ' (b) All moneys and revenues accruing from the licensing of
motor vehicles, operators and chauffeurs.
  ' (c) Moneys and revenues derived from any tax levied upon
gasoline, distillate, liberty fuel or other volatile and
inflammable liquid fuels, except moneys and revenues described in
ORS 184.642 (2)(a) that become part of the Department of
Transportation Operating Fund.
  ' (d) Moneys and revenues derived from or made available by the
federal government for road construction, maintenance or
betterment purposes.
  '  { +  (e) All moneys derived from the issuance of driver
cards. + }
  '  { - (e) - }  { +  (f) + } All moneys and revenues received
from all other sources which by law are allocated or dedicated
for highway purposes.
  ' (2) The highway fund shall be deemed and held as a trust
fund, separate and distinct from the General Fund, and may be
used only for the purposes authorized by law and is continually
appropriated for such purposes.
  ' (3) Moneys in the State Highway Fund may be invested as
provided in ORS 293.701 to 293.820. All interest earnings on any
of the funds designated in subsection (1) of this section shall
be placed to the credit of the highway fund.
  '  { +  SECTION 9. + } ORS 367.173 is amended to read:
  ' 367.173. The principal, interest, premium, if any, and the
purchase or tender price of the grant anticipation revenue bonds
issued under ORS 367.161 to 367.181 are payable solely from the
following moneys:
  ' (1) Federal transportation funds.
  ' (2) To the extent affirmatively pledged at the time issuance
of revenue bonds is authorized, the following moneys that are
lawfully available:
  ' (a) Moneys deposited in the State Highway Fund established
under ORS 366.505.
  ' (b) Except as provided in paragraph (c) of this subsection,
moneys, once deposited in the State Highway Fund established
under ORS 366.505, from the following sources may be
affirmatively pledged:
  ' (A) Moneys from the taxes and fees on motor carriers imposed
under ORS 825.474 and 825.480.
  ' (B) Moneys from the tax on motor vehicle fuel imposed under
ORS 319.020.
  ' (C) Moneys from the tax on fuel used in motor vehicles
imposed under ORS 319.530.
  ' (D) Moneys described under ORS 803.090 from the titling of
vehicles.
  ' (E) Moneys described under ORS 803.420 from the registration
of vehicles.
  ' (F) Moneys described under ORS 807.370 relating to the
issuance of driver licenses and driver permits.
  '  { +  (G) Moneys described under section 5 of this 2013 Act
relating to issuance of driver cards. + }
  '  { - (G) - }  { +  (H) + } Moneys received by the Department
of Transportation from taxes, fees or charges imposed after
January 1, 2001, or other revenues or moneys received by the
department from sources not listed in subparagraphs (A) to
 { - (F) - }  { +  (G) + } of this paragraph that are lawfully
available to be pledged under this section.
  ' (c) Moneys described in paragraph (b) of this subsection do
not include:
  ' (A) Moneys provided for appropriations to counties under ORS
366.762 to 366.768.
  ' (B) Moneys provided for appropriations to cities under ORS
366.785 to 366.820.
  ' (C) Moneys in the account established under ORS 366.512 for
parks and recreation.
  '  { +  SECTION 10. + } ORS 367.605 is amended to read:
  ' 367.605. (1) Moneys deposited in the State Highway Fund
established under ORS 366.505 are pledged to payment of Highway
User Tax Bonds issued under ORS 367.615.
  ' (2) Except as provided in subsection (3) of this section,
moneys, once deposited in the highway fund from the following
sources are subject to the use or pledge described in subsection
(1) of this section:
  ' (a) Moneys from the taxes and fees on motor carriers imposed
under ORS 825.474 and 825.480.
  ' (b) Moneys from the tax on motor vehicle fuel imposed under
ORS 319.020.
  ' (c) Moneys from the tax on fuel used in motor vehicles
imposed under ORS 319.530.
  ' (d) Moneys described under ORS 803.090 from the titling of
vehicles.
  ' (e) Moneys described under ORS 803.420 from the registration
of vehicles.
  ' (f) Moneys described under ORS 807.370 relating to the
issuance of driver licenses and driver permits.
  '  { +  (g) Moneys described under section 5 of this 2013 Act
relating to the issuance of driver cards. + }
  '  { - (g) - }  { +  (h) + } Moneys received by the Department
of Transportation from taxes, fees or charges imposed after
January 1, 2001, or other revenues received by the department
from sources not listed in paragraphs (a) to   { - (f) - }  { +
(g) + } of this subsection that are available for the use or
pledge described by this section.
  ' (3) Moneys described under subsection (2) of this section do
not include:
  ' (a) Moneys provided for appropriations to counties under ORS
366.762 to 366.768.
  ' (b) Moneys provided for appropriations to cities under ORS
366.785 to 366.820.
  ' (c) Moneys in the account established under ORS 366.512 for
parks and recreation.
  ' (4) To the extent affirmatively pledged, moneys from the
following sources are subject to the use or pledge described in
subsection (1) of this section:
  ' (a) Moneys received by the Department of Transportation from
the United States government.
  ' (b) Any other moneys legally available to the department.
  ' (5) Notwithstanding ORS 366.507, the lien or charge of any
pledge of moneys securing bonds issued under ORS 367.615 is
superior or prior to any other lien or charge and to any law of
the state requiring the department to spend moneys for specified
highway purposes.
  '  { +  SECTION 11. + } ORS 802.110 is amended to read:
  ' 802.110. Any procedures the Department of Transportation
establishes for financial administration of those functions of
the department dealing with driver and motor vehicle services and
for the disposition and payment of moneys it receives from the
provision of driver and motor vehicle services shall comply with
all of the following:
  ' (1) The department shall deposit all moneys it receives
related to driver and motor vehicle services in the Department of
Transportation Driver and Motor Vehicle Suspense Account for
approved expenses and disbursals before payment of general
administrative expenses of the department related to the
provision of driver and motor vehicle services. Notwithstanding
this subsection, the department may return a bank check or money
order when received in incorrect or incomplete form or when not
accompanied by the proper application.
  ' (2) The department shall pay the following approved expenses
and disbursals from the Department of Transportation Driver and
Motor Vehicle Suspense Account before payment of the general
administrative expenses of the department related to driver and
motor vehicle services:
  ' (a) Refunds authorized by any statute administered by the
department when such refunds are approved by the department.
  ' (b) Amounts transferred to the State Treasurer under ORS
319.410 (2) for the purpose of carrying out the state aviation
laws, amounts transferred to the Boating Safety, Law Enforcement
and Facility Account by ORS 319.415, amounts transferred to the
State Aviation Account by ORS 319.417 and amounts transferred to
the Department of Transportation Operating Fund by ORS 184.643.
  ' (c) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected from
the Student Driver Training Fund eligibility fee under ORS
807.040, 807.150 and 807.370 { +  and section 5 of this 2013
Act + } to the State Treasurer for deposit in the Student Driver
Training Fund. The moneys deposited in the Student Driver
Training Fund under this paragraph are continuously appropriated
to the department for the following purposes:
  ' (A) To the extent of not more than 10 percent of the amount
transferred into the Student Driver Training Fund in any
biennium, to pay the expenses of administering ORS 336.795,
336.800, 336.805, 336.810 (2) and 336.815.
  ' (B) The remaining moneys, for reimbursing school districts
and commercial driver training schools as provided under ORS
336.805.
  ' (d) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected for the
Motorcycle Safety Subaccount under ORS 807.170 to the State
Treasurer for deposit in the Motorcycle Safety Subaccount of the
Transportation Safety Account. Moneys paid to the State Treasurer
under this paragraph shall be used for the purpose of ORS
802.320.
  ' (e) After deduction of expenses for the administration of the
issuance of customized registration plates under ORS 805.240, the
department shall place moneys received from the sale of
customized registration plates in the Passenger Rail
Transportation Account. The moneys placed in the account are
continuously appropriated to the department and shall be used for
the payment of expenses incurred in administering passenger rail
programs.
  ' (f) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys from any
registration fees established by the governing bodies of counties
or a district, as defined in ORS 801.237, under ORS 801.041 or
801.042 to the appropriate counties or districts. The department
shall make the payments on at least a monthly basis unless
another basis is established by the intergovernmental agreements
required by ORS 801.041 and 801.042 between the department and
the governing bodies of a county or a district.
  ' (g) After deducting the expenses of the department in
collecting and transferring the moneys, the department shall make
disbursals and payments of moneys collected for or dedicated to
any other purpose or fund except the State Highway Fund,
including but not limited to, payments to the Department of
Transportation Operating Fund established by ORS 184.642 (1) and
(2).
  ' (3) The department shall refund from the Department of
Transportation Driver and Motor Vehicle Suspense Account any
excess or erroneous payment to a person who made the payment or
to the person's legal representative when the department
determines that money has been received by it in excess of the
amount legally due and payable or that it has received money in
which it has no legal interest. Refunds payable under this
subsection are continuously appropriated for such purposes in the
manner for payment of refunds under this section. If the
department determines that a refund is due, the department may
refund the amount of excess or erroneous payment without a claim
being filed.  Except as provided in ORS 319.290, 319.375, 319.820
and 319.831, any claim for a refund from the department must be

filed within 12 months after the date payment is received by the
department.
  ' (4) After payment of those expenses and disbursals approved
for payment before general administrative expenses related to the
provision of driver and motor vehicle services, the department
shall pay from the Department of Transportation Driver and Motor
Vehicle Services Administrative Account its general
administrative expenses incurred in the administration of any law
related to driver and motor vehicle services that the department
is charged with administering and any other expenses the
department is permitted by law to pay from moneys held by the
department before transfer of the moneys to the State Highway
Fund. The following limitations apply to payments of
administrative expenses under this subsection:
  ' (a) The department shall make payment of the expenses of
administering the issuance of winter recreation parking permits
under ORS 811.595 from those moneys received from issuing the
permits.
  ' (b) The department shall pay its expenses for administering
the registration and titling of snowmobiles under ORS 821.060 and
821.100 from the fees collected from administering those
sections.  The department shall also pay its expenses for the
administration of the snowmobile driver permit program under ORS
821.160 from the moneys otherwise described in this paragraph.
  ' (c) The department shall pay its expenses for determining the
amount of money to be withheld under ORS 802.120 from the fees
collected for administering the registration and titling of
snowmobiles. The amount used to pay expenses under this paragraph
shall be such sum as necessary but shall not exceed $10,000
during each biennium.
  ' (d) The department shall retain not more than $15,000 in any
biennium for the expenses of collecting and transferring moneys
to the Student Driver Training Fund under this section and for
the administration of ORS 336.810 (3).
  ' (5) Except as otherwise provided in this subsection, the
department shall transfer to the State Highway Fund the moneys
not used for payment of the general administrative expenses or
for approved expenses and disbursals before payment of general
administrative expenses. The following apply to this subsection:
  ' (a) If the Director of Transportation certifies the amount of
principal or interest of highway bonds due on any particular
date, the department may make available for the payment of such
interest or principal any sums that may be necessary to the
extent of moneys on hand available for the State Highway Fund
regardless of the dates otherwise specified under this section.
  ' (b) Notwithstanding paragraph (a) of this subsection the
department shall not make available for purposes described in
paragraph (a) of this subsection any moneys described in ORS
367.605 when there are not sufficient amounts of such moneys in
the State Highway Fund for purposes of bonds issued under ORS
367.615.
  ' (6) Notwithstanding any other provision of this section, the
following moneys shall be transferred to the State Highway Fund
at the times described:
  ' (a) Moneys received under ORS 802.120 and not used for the
payment of administrative expenses of the department shall be
transferred before July 31 of each year.
  ' (b) Moneys received from the registration of snowmobiles that
is not to be used for payment of administrative expenses of the
department shall be transferred within 30 days after the end of
the quarter.
  ' (c) Moneys received from the issuance of winter recreation
parking permits that is not used for payment of administrative
expenses of the department shall be transferred within 30 days
after the end of the quarter.

  ' (7) The following moneys transferred to the State Highway
Fund under this section may be used only for the purposes
described as follows:
  ' (a) Moneys collected from the issuance of winter recreation
parking permits, and the interest on such moneys, shall be used
to enforce the requirement for winter recreation parking permits
and to remove snow from winter recreation parking locations
designated under ORS 810.170. Any remaining moneys shall, upon
approval by the Winter Recreation Advisory Committee:
  ' (A) Be used to maintain parking locations developed with
moneys obtained under ORS 810.170 and snowmobile facilities that
are parking lots developed with moneys as provided under this
section;
  ' (B) Be used to develop additional winter recreation parking
locations under ORS 810.170; or
  ' (C) Be carried over to be used in subsequent years for the
purposes and in the manner described in this paragraph.
  ' (b) Moneys received from the registration of snowmobiles or
under ORS 802.120 may be used for development and maintenance of
multiuse trails within urban growth boundaries described in ORS
367.017 or for the development and maintenance of snowmobile
facilities, including the acquisition of land therefor by any
means other than the exercise of eminent domain. Moneys received
under ORS 802.120 may also be used for the enforcement of ORS
811.590, 821.100 to 821.120, 821.140, 821.150, 821.190, 821.210
and 821.240 to 821.290.
  ' (8) The department shall maintain the Revolving Account for
Emergency Cash Advances separate from other moneys described in
this section. From the account, the department may pay for the
taking up of dishonored remittances returned by banks or the
State Treasurer and for emergency cash advances to be
subsequently reimbursed. The account shall be used only as a
revolving fund.  The department shall at all times be accountable
for the amount of the account, either in cash or unreimbursed
items and advances.  The moneys in the account are continuously
appropriated for the purposes of this subsection. The amount of
the account under this subsection shall not exceed $40,000 from
moneys received by the department in the performance of its
driver and motor vehicle services functions and moneys otherwise
appropriated for purposes of this subsection. The account under
this subsection shall be kept on deposit with the State
Treasurer. The State Treasurer is authorized to honor and pay all
properly signed and indorsed checks or warrants drawn against the
account.
  '  { +  SECTION 12. + } ORS 802.160 is amended to read:
  ' 802.160. The fees collected under ORS 807.370 { +  and
section 5 of this 2013 Act + } for the reinstatement of suspended
and revoked driving privileges shall be applied by the Department
of Transportation to the cost of preparing and serving notices of
suspension or revocation and to the cost of administering the
driver improvement program authorized under ORS 809.480.
  '  { +  SECTION 13. + } ORS 807.375 is amended to read:
  ' 807.375. (1) In addition to any fee imposed under ORS 807.370
and 807.410 { +  or section 5 of this 2013 Act + }, the
Department of Transportation may impose a fee for each driver
license, driver permit { + , + }  { +  driver card + } and
identification card that is issued, renewed or replaced, for the
purpose of covering the costs of purchasing equipment and
establishing and maintaining a database used for collecting and
verifying biometric data.
  ' (2) A fee imposed under this section may not be more than $3
per driver license, driver permit { + , driver card + } or
identification card.'.
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