Signed by Governor Kate Brown

Vote Smart's Synopsis:

Vote to pass a bill that authorizes driver licenses for undocumented immigrants.

Highlights:

• Requires that before issuing, renewing, or replacing any driver license, driver permit, or identification card that a person has to provide their Social Security number or a written statement that they have not been assigned a Social Security number to the Department of Transportation (Sec. 1).

• Defines a “driver license” or “driver permit” as a driver license or driver permit that is not a commercial driver license or commercial learner driver permit (Sec. 1).

• Defines a “driver license”, “driver permit” or “identification card” for section 4 to mean a driver license, driver permit, or identification card that is not a real ID, commercial driver license, or commercial learner driver permit (Sec. 4).

• Specifies acceptable documents to prove identity, date of birth, or address when a person is applying for a driver license, driver permit, or identification card that is not a Real ID, a commercial driver license, or a commercial learner driver permit, to include but not be limited to (Sec. 4):

• An unexpired valid passport from the person’s country of citizenship;

• 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;

• A driver license, driver permit, or identification card issued by the state that expired within 13 years from the date of the current application; or

• A driver license, driver permit, or identification card issued by another state that is unexpired, or expired by not more than one year from the date of the current application.

• Specifies that the department may refuse to accept any document described above that is presented as proof of identity, date of birth, or address, if the department has reason to believe the document is fraudulent, altered, or does not belong to the person presenting it, or the procedures used by the agency that issued the document are no longer sufficient for proving a person’s identity or date of birth (Sec. 4).

• Prohibits a driver license, driver permit, or identification card that is not a Real ID from being used as evidence of the holder’s citizenship or immigration status (Sec. 9).

• Prohibits a person from discriminating against someone because they hold or present a form of government issued identification other than a Real ID (Sec. 11).

• Authorizes a person claiming to be aggrieved by a violation of the above action to bring a civil action under “ORS 659A.885” and recover the relief “as provided by ORS 659A.885 (1) and (3)” (Sec. 11).

• Prohibits the Department of Transportation, or any officer, employee, or contractor of the department from knowingly disclosing or otherwise making available to any person information regarding whether that person provided a Social Security number to the department when applying for a driver license, driver permit, or identification card (Sec. 14).

• Requires the Department of Transportation to conduct an outreach program to educate drivers license and driver permit applicants and the general public about the operation of sections 9 and 11 of this act, amendments from section 1 to 7 and 12 to 22 of this act, and the repeal of “ORS 807.735” from section 24 of this act as of the date specified in section 26 of this act, and complete the following (Sec. 23a):

• Develop a communication strategy for dissemination of information using a variety of media sources, state agencies, associations, and organizations in collaboration with impacted communities;

• Effectively communicate with specific populations in a manner that is culturally and linguistically appropriate; and

• Provide communications, including educational materials, in English and in languages other than English that are most commonly spoken by the residents of this state; 

• Repeals the above requirements on January 2nd, 2023 (Sec. 23b).

• Specifies that operation of sections 9 and 11 of this act, amendments by section 1 to 7 and 12 to 22 of this act, and the repeal of “ORS 807.735” by section 24 of this act shall take effect on January 1st, 2021 (Sec. 26).

• Specifies that this act is necessary for the immediate preservation of the public peace, health and safety, and that an emergency is declared to exist, and thus this act takes effect on passage (Sec. 30).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes driver licenses for undocumented immigrants.

Highlights:

• Requires that before issuing, renewing, or replacing any driver license, driver permit, or identification card that a person has to provide their Social Security number or a written statement that they have not been assigned a Social Security number to the Department of Transportation (Sec. 1).

• Defines a “driver license” or “driver permit” as a driver license or driver permit that is not a commercial driver license or commercial learner driver permit (Sec. 1).

• Defines a “driver license”, “driver permit” or “identification card” for section 4 to mean a driver license, driver permit, or identification card that is not a real ID, commercial driver license, or commercial learner driver permit (Sec. 4).

• Specifies acceptable documents to prove identity, date of birth, or address when a person is applying for a driver license, driver permit, or identification card that is not a Real ID, a commercial driver license, or a commercial learner driver permit, to include but not be limited to (Sec. 4):

• An unexpired valid passport from the person’s country of citizenship;

• 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;

• A driver license, driver permit, or identification card issued by the state that expired within 13 years from the date of the current application; or

• A driver license, driver permit, or identification card issued by another state that is unexpired, or expired by not more than one year from the date of the current application.

• Specifies that the department may refuse to accept any document described above that is presented as proof of identity, date of birth, or address, if the department has reason to believe the document is fraudulent, altered, or does not belong to the person presenting it, or the procedures used by the agency that issued the document are no longer sufficient for proving a person’s identity or date of birth (Sec. 4).

• Prohibits a driver license, driver permit, or identification card that is not a Real ID from being used as evidence of the holder’s citizenship or immigration status (Sec. 9).

• Prohibits a person from discriminating against someone because they hold or present a form of government issued identification other than a Real ID (Sec. 11).

• Authorizes a person claiming to be aggrieved by a violation of the above action to bring a civil action under “ORS 659A.885” and recover the relief “as provided by ORS 659A.885 (1) and (3)” (Sec. 11).

• Prohibits the Department of Transportation, or any officer, employee, or contractor of the department from knowingly disclosing or otherwise making available to any person information regarding whether that person provided a Social Security number to the department when applying for a driver license, driver permit, or identification card (Sec. 14).

• Requires the Department of Transportation to conduct an outreach program to educate drivers license and driver permit applicants and the general public about the operation of sections 9 and 11 of this act, amendments from section 1 to 7 and 12 to 22 of this act, and the repeal of “ORS 807.735” from section 24 of this act as of the date specified in section 26 of this act, and complete the following (Sec. 23a):

• Develop a communication strategy for dissemination of information using a variety of media sources, state agencies, associations, and organizations in collaboration with impacted communities;

• Effectively communicate with specific populations in a manner that is culturally and linguistically appropriate; and

• Provide communications, including educational materials, in English and in languages other than English that are most commonly spoken by the residents of this state; 

• Repeals the above requirements on January 2nd, 2023 (Sec. 23b).

• Specifies that operation of sections 9 and 11 of this act, amendments by section 1 to 7 and 12 to 22 of this act, and the repeal of “ORS 807.735” by section 24 of this act shall take effect on January 1st, 2021 (Sec. 26).

• Specifies that this act is necessary for the immediate preservation of the public peace, health and safety, and that an emergency is declared to exist, and thus this act takes effect on passage (Sec. 30).

Full Bill Text