1998 Legislation
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HOUSE BILL NO. 431 – License applications, SSN require

HOUSE BILL NO. 431

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H0431........................................................by MR. SPEAKER
              Requested by: Department of Health and Welfare
LICENSE APPLICATIONS - SOCIAL SECURITY NUMBER - Amends and adds to existing
law to require social security numbers on applications for professional,
occupational and recreational licenses, on marriage license applications,
and on applications for driver's licenses and identification cards.

01/12    House intro - 1st rdg - to printing
01/12    Rpt prt - to Jud
01/29    Rpt out - rec d/p - to 2nd rdg
01/30    2nd rdg - to 3rd rdg
02/05    Returned to Jud
02/18    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/23    3rd rdg - FAILED - 34-36-0
      AYES -- Bell, Bieter, Bivens, Black(15), Boe, Bruneel, Chase, Deal,
      Field(13), Gagner, Gould, Hadley, Henbest, Jaquet, Jones(9),
      Jones(22), Jones(20), Judd, Kempton, Kendell, Kjellander, Kunz, Lake,
      Linford, Marley, Meyer, Miller, Newcomb, Pomeroy, Reynolds, Robison,
      Trail, Watson, Zimmermann
      NAYS -- Alltus, Barraclough, Barrett, Black(23), Callister, Campbell,
      Clark, Crane, Crow, Cuddy, Denney, Ellsworth, Field(20), Geddes,
      Hansen, Hornbeck, Kellogg, Loertscher, Mader, McKague, Mortensen,
      Pischner, Richman, Ridinger, Sali, Schaefer, Stevenson, Stoicheff,
      Stone, Stubbs, Taylor, Tilman, Tippets, Wheeler, Wood, Mr Speaker
      Absent and excused --  None
    Floor Sponsor - Bruneel
    Held for reconsideration
    Motion to reconsider passed 54-15-1
    Returned to Jud
03/06    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 45-23-2
      AYES -- Barraclough, Bell, Bieter, Bivens, Black(15), Boe, Bruneel,
      Campbell, Chase, Clark, Crow, Cuddy, Deal, Ellsworth, Field(13),
      Gagner, Gould, Henbest, Jaquet, Jones(9), Jones(22), Jones(20), Judd,
      Kellogg, Kjellander, Lake, Linford, Mader, Marley, Meyer, Miller,
      Newcomb, Pischner, Pomeroy, Reynolds, Richman, Robison, Stevenson,
      Stoicheff, Stone, Tippets, Trail, Watson, Zimmermann, Mr Speaker
      NAYS -- Alltus, Barrett, Black(23), Callister, Crane, Denney,
      Field(20), Geddes, Hadley, Hansen, Hornbeck, Kendell, Loertscher,
      McKague, Mortensen, Ridinger, Sali, Schaefer, Stubbs, Taylor, Tilman,
      Wheeler, Wood
      Absent and excused -- Kempton, Kunz
    Floor Sponsor - Bruneel
    Title apvd - to Senate
03/11    Senate intro - 1st rdg - to Health/Wel
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/18    3rd rdg - PASSED - 24-9-2
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Deide, Dunklin, Geddes, Ingram, Ipsen, King,
      Noh, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett, Thorne,
      Twiggs, Wheeler
      NAYS--Branch, Hawkins, Keough, Lee, McLaughlin, Parry, Richardson,
      Sweeney, Whitworth
      Absent and excused--Frasure, Hansen
    Floor Sponsor - King
    Title apvd - to House
03/19    To enrol - rpt enrol - Sp signed
    Pres signed - to Governor
03/20    Governor signed
         Session Law Chapter 248
         Effective: 07/01/98

Bill Text


H0431

                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 431

                                      BY MR. SPEAKER
                      Requested by: Department of Health and Welfare

 1                                        AN ACT
 2    RELATING TO CHILD SUPPORT ENFORCEMENT; AMENDING SECTION 32-403, IDAHO CODE, TO
 3        PROVIDE FOR SOCIAL SECURITY  NUMBERS  ON  MARRIAGE  LICENSE  APPLICATIONS;
 4        AMENDING  SECTION  49-306, IDAHO CODE, TO PROVIDE FOR SOCIAL SECURITY NUM-
 5        BERS ON DRIVER LICENSE APPLICATIONS; AMENDING SECTION 49-2443, IDAHO CODE,
 6        TO PROVIDE FOR SOCIAL SECURITY NUMBERS ON IDENTIFICATION CARDS; AND AMEND-
 7        ING CHAPTER 1, TITLE 73, IDAHO CODE, BY THE  ADDITION  OF  A  NEW  SECTION
 8        73-122, IDAHO CODE, TO PROVIDE FOR SOCIAL SECURITY NUMBERS ON APPLICATIONS
 9        FOR PROFESSIONAL, OCCUPATIONAL AND RECREATIONAL LICENSES.

10    Be It Enacted by the Legislature of the State of Idaho:

11        SECTION  1.  That  Section  32-403, Idaho Code, be, and the same is hereby
12    amended to read as follows:

13        32-403.  APPLICATION FOR AND ISSUANCE OF LICENSE.  (1)    Every
14    county  recorder  who  shall  have personal knowledge of the competency of the
15    parties for whose marriage a license is applied for, shall issue such  license
16    upon  payment or tender to him of his legal fee therefor; and if such recorder
17    does not know of his own knowledge that the parties are  competent  under  the
18    laws  of the state to contract matrimony, he shall take the affidavit in writ-
19    ing of the person or persons applying for such license, and of  other  persons
20    as  he  may see proper, and of any persons whose testimony may be offered; and
21    if it appears from the affidavit so taken that the parties for whose  marriage
22    the  license  in  question  is  demanded  are  legally competent to marry, the
23    recorder shall issue such license, and the affidavits so taken  shall  be  his
24    warrant  against  any  fine  or forfeiture for issuing such license. Provided,
25    however, that in the event either  of  the  parties  for  whose  marriage  the
26    license  in  question  is applied for is under the age of eighteen (18) years,
27    the recorder shall not issue such license except upon compliance with the con-
28    sent and proof of age requirements set forth in section 32-202, Idaho Code.
29         (2)  Every application for a  marriage  license  shall  include  the
30    social security numbers of the parties applying for the license. 

31        SECTION  2.  That  Section  49-306, Idaho Code, be, and the same is hereby
32    amended to read as follows:

33        49-306.  APPLICATION FOR DRIVER'S LICENSE OR INSTRUCTION PERMIT.(1)  Every
34    application  for an instruction permit or for a driver's license shall be made
35    upon a form furnished by the department and shall be verified by the applicant
36    before a person authorized to administer oaths. Officers and employees of  the
37    department  and  sheriffs  and their deputies are authorized to administer the
38    oaths without charge. Every application for a permit or driver's license shall
39    be accompanied by the following fee, none of which is refundable:
40        (a)  Class A, B, C license with endorsements ...................... $24.50
41        (b)  Class D license .............................................. $20.50


                                          2

 1        (c)  Class A, B, C instruction permit ............................. $15.50
 2        (d)  Class D instruction permit ................................... $11.50
 3        (e)  Duplicate driver's license or permit  issued  under  section  49-318,
 4        Idaho Code ........................................................ $11.50
 5        (f)  Driver's  license extension issued under section 49-319,  Idaho  Code
 6        ................................................................... $ 6.50
 7        (g)  License classification change (upgrade) ...................... $15.50
 8        (h)  Endorsement addition ......................................... $11.50
 9        (i)  Class A, B, C skills tests ................................... $35.00
10        (j)  Class D skills test .......................................... $15.00
11        (k)  Motorcycle endorsement skills test ............................$ 5.00
12        (l)  Knowledge test ............................................... $ 3.00
13        (m)  Seasonal driver's license..................................... $23.50
14        (n)  One time motorcycle "M" endorsement .......................... $11.50
15        (o)  Motorcycle endorsement instruction permit .................... $11.50
16        (2)  Every application shall state the full name, date of birth, place  of
17    birth,  sex, Idaho residence address and mailing address, if different, of the
18    applicant, height, weight, hair color, and eye color, and  for a class A,
19    B, or C driver's license or seasonal driver's license   the  applicant's
20    social  security  number  as  verified by the applicant's social security card
21     or by the social security administration . A driver's  license  or
22    instruction  permit  issued on and after January 1, 1993, shall not contain an
23    applicant's social security number. Applications on file shall be exempt  from
24    disclosure  except as provided in sections 49-202, 49-203, 49-203A and 49-204,
25    Idaho Code. Every application shall also state whether the applicant has  pre-
26    viously  been licensed as a driver, and if so, when and by what state or coun-
27    try, and whether a driver's license or privileges have  ever  been  suspended,
28    revoked,  denied,  disqualified,  cancelled or whether an application has ever
29    been refused, and if so, the date of and reason for  the  suspension,  revoca-
30    tion,  denial,  disqualification,  cancellation or refusal and the applicant's
31    oath that all information is correct as signified by  the  applicant's  signa-
32    ture.  The  applicant  may be required to submit proof of identity and date of
33    birth as set forth in a certified copy of his birth certificate and other sat-
34    isfactory evidence to satisfy the issuing officer or  the  department.  If  an
35    applicant  for  a driver's training instruction permit cannot provide a certi-
36    fied copy of his birth certificate at the time of application, the  department
37    may  issue a temporary driver's training instruction permit in accordance with
38    the provisions of section 49-305, Idaho Code.
39        (3)  Whenever an application is received from a person previously licensed
40    in another jurisdiction, the department shall request a copy of  the  driver's
41    record  from the other jurisdiction and shall contact the national driver reg-
42    ister. When received, the driver's record from the previous jurisdiction shall
43    become a part of the driver's record in this state with  the  same  force  and
44    effect  as though entered on the driver's record in this state in the original
45    instance.
46        (4)  Whenever the department receives a request for a driver's record from
47    another licensing jurisdiction, the record shall be forwarded without charge.
48        (5)  The department shall contact and notify the commercial driver license
49    information system of the proposed application for a class A, B or C  driver's
50    license  to  insure  identification  of  the person and to obtain clearance to
51    issue the license.
52        (6)  When the fees required under this section are collected by  a  county
53    officer,  they  shall be paid over to the county treasurer not less often than
54    monthly, who shall immediately:
55        (a)  Deposit an amount equal to five dollars ($5.00)  from  each  driver's


                                          3

 1        license  or  instruction permit application fees, application for a dupli-
 2        cate driver's license or permit, classification change, seasonal  driver's
 3        license and additional endorsement in the current expense fund; and
 4        (b)  Deposit  two  dollars  and  fifty  cents ($2.50) from each motorcycle
 5        endorsement and motorcycle endorsement instruction permit fee in the  cur-
 6        rent expense fund; and
 7        (c)  Deposit  an amount equal to three dollars ($3.00) from each fee for a
 8        knowledge test in the current expense fund; and
 9        (d)  Deposit an amount equal to five dollars ($5.00) from each fee  for  a
10        motorcycle  endorsement  skills test in the current expense fund; provided
11        however, if a contractor administers the skills test he shall be  entitled
12        to the five dollar ($5.00) fee;
13        (e)  Remit the remainder to the state treasurer; and
14        (f)  Deposit  eleven  dollars and fifty cents ($11.50) from each fee for a
15        class D skills test into the county current expense fund, unless the  test
16        is  administered  by  a  department-approved contractor, in which case the
17        contractor shall be entitled to eleven dollars and fifty cents ($11.50) of
18        each fee.
19        (7)  When the fees required under this section are collected  by  a  state
20    officer or agency, they shall be paid over to the state treasurer.
21        (8)  The  state  treasurer  shall distribute the moneys received from fees
22    imposed by the provisions of this section, whether collected by a county offi-
23    cer or by a state officer or agency as follows:
24        (a)  Two dollars ($2.00) of each fee for a driver's  license  or  seasonal
25        driver's  license  shall  be  deposited  in the emergency medical services
26        account II created in section 39-146A, Idaho Code; and
27        (b)  Sixteen dollars and fifty cents ($16.50) of each fee for  a  seasonal
28        or class A, B, or C driver's license shall be deposited in the state high-
29        way account; and
30        (c)  Ten dollars and fifty cents ($10.50) of each fee for a class A, B, or
31        C  instruction  permit  or driver's license classification change shall be
32        deposited in the state highway account; and
33        (d)  Six dollars and fifty cents ($6.50) of each fee for a duplicate  sea-
34        sonal  or  class  A,  B,  or C driver's license, class A, B, or C driver's
35        license extension, or additional endorsement shall  be  deposited  in  the
36        state highway account; and
37        (e)  Four  dollars  ($4.00)  of  each fee for a motorcycle endorsement and
38        motorcycle endorsement instruction permit shall be deposited in the  state
39        highway account; and
40        (f)  Five  dollars  and  thirty  cents  ($5.30)  of each fee for a class D
41        driver's license shall be deposited in the driver training account; and
42        (g)  Seven dollars and twenty cents ($7.20) of each  fee  for  a  class  D
43        driver's  license  shall be deposited in the highway distribution account;
44        and
45        (h)  Two dollars and sixty cents  ($2.60)  of  each  fee  for  a  class  D
46        instruction  permit,  duplicate  class  D  license  or permit, and class D
47        license extension shall be deposited in the driver training account; and
48        (i)  Three dollars and ninety cents ($3.90) of each  fee  for  a  class  D
49        instruction  permit,  duplicate  class  D  license  or permit, and class D
50        license extension shall be deposited in the highway distribution  account;
51        and
52        (j)  Five  dollars  ($5.00) of each fee for a class A, B, or C skills test
53        shall be deposited in the state highway account; and
54        (k)  One dollar ($1.00) of each fee for a class A,  B,  C  or  D  driver's
55        license  shall  be  deposited in the motorcycle safety program fund estab-


                                          4

 1        lished in section 33-4804, Idaho Code.
 2        (l)  Three dollars and fifty cents ($3.50) of  each  fee  for  a  class  D
 3        skills test shall be deposited into the state highway account.
 4        (9)  The  contractor administering a class A, B, or C skills test shall be
 5    entitled to thirty dollars ($30.00) of  the  skills  test  fee.  A  contractor
 6    administering a class A, B, or C skills test may collect an additional fee for
 7    the use of the contractor's vehicle for the skills test.
 8        (10) The  department  may  issue  seasonal  class B or C driver's licenses
 9    that:
10        (a)  Will only be valid for  driving  commercial  vehicles  that  normally
11        require class B or C commercial driver's licenses;
12        (b)  Will be valid for seasonal periods that begin on the date of issuance
13        and  that are not to exceed one hundred eighty (180) days in a twelve (12)
14        month period;
15        (c)  May only be obtained twice in a driver's lifetime;
16        (d)  Are valid only within a one hundred fifty (150) mile  radius  of  the
17        place of business or farm being serviced; and
18        (e)  Will  be  valid only in conjunction with valid Idaho class D driver's
19        licenses.
20        (11) The department may issue seasonal class B or C driver's  licenses  to
21    drivers who:
22        (a)  Have not violated the single license provisions of 49 CFR part 383;
23        (b)  Have not had any license suspensions, revocations or cancellations;
24        (c)  Have not had any convictions in any vehicle for any offense listed in
25        section 49-335(1) or 49-335(2), Idaho Code, or any one (1) serious traffic
26        offense;
27        (d)  Have  at  least  one (1) year of driving experience with a class D or
28        equivalent license in any type motor vehicle; and
29        (e)  Are at least sixteen (16) years old.

30        SECTION 3.  That Section 49-2443, Idaho Code, be, and the same  is  hereby
31    amended to read as follows:

32        49-2443.  APPLICATION. Application for an identification card must be made
33    in  person  before  an examiner authorized by the department to issue driver's
34    licenses. The examiner shall obtain the following from the applicant:
35        (1)  The true and full  name  and  Idaho  residence  address  and  mailing
36    address, if different, of the applicant;
37        (2)  The  identity  and  date  and  place of birth of the applicant as set
38    forth in a certified copy of his birth certificate and, subject to  subsection
39    ( 6  7 ) of this section, other satisfactory evidence of
40    identity acceptable to the examiner or the department;
41        (3)  The height and weight of the applicant;
42        (4)  The color of eyes and hair of the applicant;  and 
43        (5)  Applicant's signature .  ; and 
44        (6)    The  applicant's  social  security  number  as verified by the
45    applicant's social security card or by the social security administration.
46        (7)   An applicant who has no photo identification or other  second-
47    ary  identification  document  satisfactory to the department as acceptable to
48    verify identity shall be eligible to receive an identification card upon  pre-
49    sentation  of  a  certified  copy of his birth certificate and either a social
50    security card or current medicaid card.

51        SECTION 4.  That Chapter 1, Title 73, Idaho Code,  be,  and  the  same  is
52    hereby  amended  by  the addition thereto of a  NEW SECTION , to be


                                          5

 1    known and designated as Section 73-122, Idaho Code, and to read as follows:

 2        73-122.  SOCIAL SECURITY NUMBER. The social security number of  an  appli-
 3    cant  shall be recorded on any application for a professional, occupational or
 4    recreational license.

Statement of Purpose / Fiscal Impact


    





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                           STATEMENT OF PURPOSE
    
                                 RS 07305
    
    REPRINT REPRINT
    
    These amendments to existing law will bring the State of 
    Idaho into compliance with federal Welfare Reform 
    requirements regarding child support enforcement laws which 
    appear at 42 U.S.C.(a)(section 466 (a)(13) of P.L. 104-193). 
    Federal law requires that social security numbers appear on 
    all applications for driver's license, occupational and 
    marriage licenses. Additional requirements regarding the 
    obtaining of social security numbers on divorce decrees, 
    support orders, paternity determinations and acknowledgments 
    and death certificates are covered by other legislation to be 
    considered or by existing law.
    
    This information will be used in the enforcement of child 
    support obligations to locate parents with such obligations.
    
    Reasonable attempts to verify the social security numbers 
    are required. Inaccurate social security numbers waste 
    time and efforts of all systems.
    
                                FISCAL NOTE
    
    No additional costs are anticipated in the professional, 
    occupational, or recreational licensing process as these are 
    numbers already requested. Estimated fiscal impact to 
    driver's license processing is $.03 per license for 
    verification processing with Social Security Administration 
    and an initial one-time automation cost of approximately 
    $1000. Annual cost for the 5000 new licenses is $1800 for 
    Department of Transportation. Possible impact to counties who 
    do not have this data field currently on marriage licenses is 
    $2000 if the county chooses to make an automation change.
    
    Contact: Roseanne Hardin 334-5680
             Div. of Family & Community Services, 
             DHW
             
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
    H431