Current through 2024 Regular Session legislation effective June 6, 2024
Section 807.400 - Issuance; application; proof of address; contents; renewal; fee; validity; replacement; cancellation; rules(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) When applying for an identification card that is not a Real ID, provides the Social Security number assigned to the person by the United States Social Security Administration or a written statement that the person has not been assigned a Social Security number, as required under ORS 807.021;(c) Does not have a current, valid driver license;(d) Furnishes evidence of the person's full legal name and date of birth; 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 proof 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. The department shall adopt rules to identify what constitutes proof of address for purposes of this subsection. Proof of address may include, but is not limited to, providing a utility bill, a tax return, a record from a financial institution, a proof of insurance card or a health benefits card, a selective service card, a mortgage document or a lease agreement. The applicant may provide the proof of address by submitting proof in the form of an original document or a copy of a document, use an electronic device to display proof of address, or provide proof through the use of a third party address verification system.(4) Every identification card shall be issued upon the standard driver license form described under ORS 807.110 and shall bear a statement to the effect that the identification card is not a driver 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 driver 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 by rule, that the person is a veteran, as defined in ORS 408.225, the department shall include on the card the fact that the person is a veteran.(8) Each original identification card shall expire on a date consistent with the expiration dates of licenses as set forth in ORS 807.130.(9) Identification cards shall be renewed under the terms for renewal of licenses as set forth in ORS 807.150.(10) The fee for an original identification card or a renewal thereof shall be the fee established under ORS 807.410.(11) An identification card becomes invalid if the holder of the card changes the holder's residence address from that shown on the identification card and does not provide the department with notice of the change as required under ORS 807.420.(12) If a person to whom an identification card was issued and who changes the person's residence address submits an application for a replacement identification card, the department may issue a replacement identification card containing the new address upon receipt of the old identification card and payment of the fee established 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.(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 established 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 fee established 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.(19) If a person is applying for an identification card that is a Real ID, the person must comply with the requirements under the vehicle code for issuance of Real IDs.Amended by 2019 Ch. 701,§ 5, eff. 8/9/2019, op. 1/1/2021.Amended by 2015 Ch. 716,§ 1, eff. 10/5/2015, op. 1/1/2016.1983 c.338 §866; 1985 c.16 §437; 1985 c.174 §13; 1985 c.301 §2; 1989 c.535 §2; 1993 c.393 §2a; 1993 c.741 §82; 1993 c.751 §48; 2001 c.452 §1; 2003 c. 402, § 19; 2005 c. 59, § 10; 2005 c. 241, § 2a; 2005 c. 775, § 8; 2007 c. 542, §§ 8, 9; 2008 c. 1, §§ 21, 22; 2010 c. 61, § 3; 2011 c. 282, § 4