(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 that is not a Real ID 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. [2008 c.1 §2; 2011 c.282 §1; 2017 c.568 §11]

Note 1: The amendments to 807.021 by section 11, chapter 568, Oregon Laws 2017, become operative July 1, 2020. See section 21, chapter 568, Oregon Laws 2017. The text that is operative until July 1, 2020, is set forth for the user’s convenience. (1) Except as provided in ORS 807.310 (5) and 807.405 (4), 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.

Note 2: The amendments to 807.021 by section 2, chapter 701, Oregon Laws 2019, become operative January 1, 2021, and apply to driver licenses, driver permits and identification cards issued, renewed or replaced on or after January 1, 2021. See sections 25 and 26, chapter 701, Oregon Laws 2019. The text that is operative on and after January 1, 2021, is set forth for the user’s convenience. (1) Before issuing, renewing or replacing a 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 or a written statement that the person has not been assigned a Social Security number.

(2) 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.

(3) This section does not apply if the department previously verified the Social Security number as required by subsection (2) of this section.

(4) As used in this section, a "driver license," "driver permit" or "identification card" means a driver license, driver permit or identification card that is not a:

(a) Real ID;

(b) Commercial driver license; or

(c) Commercial learner driver permit.