1999 Legislation
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HOUSE BILL NO. 131 – Licenses, misc, SSN not required

HOUSE BILL NO. 131

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H0131...........................................................by HORNBECK
LICENSES - SOCIAL SECURITY NUMBERS - Amends existing law to delete the
requirement that the Social Security Number must be submitted when applying
for a marriage license, driver's license, identification card, or other
professional, occupational or recreational license.

01/27    House intro - 1st rdg - to printing
01/29    Rpt prt - to St Aff

Bill Text


H0131


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 131

                                       BY HORNBECK

 1                                        AN ACT
 2    RELATING TO USE OF SOCIAL SECURITY  NUMBER;  AMENDING  SECTION  32-403,  IDAHO
 3        CODE,  TO DELETE THE REQUIREMENT TO PROVIDE A SOCIAL SECURITY NUMBER ON AN
 4        APPLICATION FOR A MARRIAGE LICENSE; AMENDING SECTION 49-306,  IDAHO  CODE,
 5        TO  DELETE  THE  REQUIREMENT  TO  PROVIDE  A  SOCIAL  SECURITY NUMBER ON A
 6        DRIVER'S LICENSE APPLICATION AND TO MAKE A TECHNICAL CORRECTION;  AMENDING
 7        SECTION 49-2443, IDAHO CODE, TO DELETE THE REQUIREMENT TO PROVIDE A SOCIAL
 8        SECURITY NUMBER ON AN APPLICATION FOR AN IDENTIFICATION CARD ISSUED BY THE
 9        IDAHO  TRANSPORTATION  DEPARTMENT  AND  TO CORRECT A CODIFIER'S ERROR; AND
10        REPEALING SECTION 73-122, IDAHO CODE.

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

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

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

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

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


                                          2

 1        (a)  Class A, B, C license with endorsements ...................... $24.50
 2        (b)  Class D license .............................................. $20.50
 3        (c)  Class A, B, C instruction permit ............................. $15.50
 4        (d)  Class D instruction permit ................................... $11.50
 5        (e)  Duplicate driver's license or permit  issued  under  section  49-318,
 6        Idaho Code ........................................................ $11.50
 7        (f)  Driver's license extension issued under section 49-319,  Idaho  Code
 8        ................................................................... $ 6.50
 9        (g)  License classification change (upgrade) ...................... $15.50
10        (h)  Endorsement addition ......................................... $11.50
11        (i)  Class A, B, C skills tests ..................... not more than $55.00
12        (j)  Class D skills test .......................................... $15.00
13        (k)  Motorcycle endorsement skills test ........................... $ 5.00
14        (l)  Knowledge test ............................................... $ 3.00
15        (m)  Seasonal driver's license..................................... $23.50
16        (n)  One time motorcycle "M" endorsement .......................... $11.50
17        (o)  Motorcycle endorsement instruction permit .................... $11.50
18        (p)  Restricted driving permit .................................... $35.00
19        (2)  Every  application shall state the full name, date of birth, place of
20    birth, sex, Idaho residence address and mailing address, if different, of  the
21    applicant,   height,  weight,  hair  color,  and  eye  color  ,  and  the
22    applicant's social security number as verified by the applicant's social secu-
23    rity card or by the social security administration . A driver's  license
24    or  instruction  permit issued on and after January 1, 1993, shall not contain
25    an applicant's social security number. Applications on file  shall  be  exempt
26    from  disclosure  except  as  provided in sections 49-202, 49-203, 49-203A and
27    49-204, Idaho Code. Every application shall also state whether  the  applicant
28    has previously been licensed as a driver, and if so, when and by what state or
29    country,  and  whether  a  driver's  license or privileges have ever been sus-
30    pended, revoked, denied, disqualified, cancelled or whether an application has
31    ever been refused, and if so, the date of and reason for the suspension, revo-
32    cation, denial, disqualification, cancellation or refusal and the  applicant's
33    oath  that  all  information is correct as signified by the applicant's signa-
34    ture. The applicant may be required to submit proof of identity  and  date  of
35    birth as set forth in a certified copy of his birth certificate and other sat-
36    isfactory evidence to satisfy the issuing officer or the department.
37        (3)  Whenever an application is received from a person previously licensed
38    in  another  jurisdiction, the department shall request a copy of the driver's
39    record from the other jurisdiction and shall contact the national driver  reg-
40    ister. When received, the driver's record from the previous jurisdiction shall
41    become  a  part  of  the driver's record in this state with the same force and
42    effect as though entered on the driver's record in this state in the  original
43    instance.
44        (4)  Whenever the department receives a request for a driver's record from
45    another licensing jurisdiction, the record shall be forwarded without charge.
46        (5)  The department shall contact and notify the commercial driver license
47    information  system of the proposed application for a class A, B or C driver's
48    license to insure identification of the person  and  to  obtain  clearance  to
49    issue the license.
50        (6)  When  the  fees required under this section are collected by a county
51    officer, they shall be paid over to the county treasurer not less  often  than
52    monthly, who shall immediately:
53        (a)  Deposit  an  amount  equal to five dollars ($5.00) from each driver's
54        license or instruction permit application fees, application for  a  dupli-
55        cate  driver's license or permit, classification change, seasonal driver's


                                          3

 1        license and additional endorsement in the current expense fund; and
 2        (b)  Deposit two dollars and fifty  cents  ($2.50)  from  each  motorcycle
 3        endorsement  and motorcycle endorsement instruction permit fee in the cur-
 4        rent expense fund; and
 5        (c)  Deposit an amount equal to three dollars ($3.00) from each fee for  a
 6        knowledge test in the current expense fund; and
 7        (d)  Deposit  an  amount equal to five dollars ($5.00) from each fee for a
 8        motorcycle endorsement skills test in the current expense  fund;  provided
 9        however,  if a contractor administers the skills test he shall be entitled
10        to the five dollar ($5.00) fee;
11        (e)  Remit the remainder to the state treasurer; and
12        (f)  Deposit eleven dollars and fifty cents ($11.50) from each fee  for  a
13        class  D skills test into the county current expense fund, unless the test
14        is administered by a department-approved contractor,  in  which  case  the
15        contractor shall be entitled to eleven dollars and fifty cents ($11.50) of
16        each fee.
17        (7)  When  the  fees  required under this section are collected by a state
18    officer or agency, they shall be paid over to the state treasurer.
19        (8)  The state treasurer shall distribute the moneys  received  from  fees
20    imposed by the provisions of this section, whether collected by a county offi-
21    cer or by a state officer or agency as follows:
22        (a)  Two  dollars  ($2.00)  of each fee for a driver's license or seasonal
23        driver's license shall be deposited  in  the  emergency  medical  services
24        account II created in section 39-146A, Idaho Code; and
25        (b)  Sixteen  dollars  and fifty cents ($16.50) of each fee for a seasonal
26        or class A, B, or C driver's license shall be deposited in the state high-
27        way account; and
28        (c)  Ten dollars and fifty cents ($10.50) of each fee for a class A, B, or
29        C instruction permit or driver's license classification  change  shall  be
30        deposited in the state highway account; and
31        (d)  Six  dollars and fifty cents ($6.50) of each fee for a duplicate sea-
32        sonal or class A, B, or C driver's license, class  A,  B,  or  C  driver's
33        license  extension,  or  additional  endorsement shall be deposited in the
34        state highway account; and
35        (e)  Four dollars ($4.00) of each fee for  a  motorcycle  endorsement  and
36        motorcycle  endorsement instruction permit shall be deposited in the state
37        highway account; and
38        (f)  Five dollars and thirty cents ($5.30) of  each  fee  for  a  class  D
39        driver's license shall be deposited in the driver training account; and
40        (g)  Seven  dollars  and  twenty  cents  ($7.20) of each fee for a class D
41        driver's license shall be deposited in the highway  distribution  account;
42        and
43        (h)  Two  dollars  and  sixty  cents  ($2.60)  of  each  fee for a class D
44        instruction permit, duplicate class D  license  or  permit,  and  class  D
45        license extension shall be deposited in the driver training account; and
46        (i)  Three  dollars  and  ninety  cents  ($3.90) of each fee for a class D
47        instruction permit, duplicate class D  license  or  permit,  and  class  D
48        license  extension shall be deposited in the highway distribution account;
49        and
50        (j)  Five dollars ($5.00) of each fee for a class A, B, or C  skills  test
51        shall be deposited in the state highway account; and
52        (k)  One  dollar  ($1.00)  of  each  fee for a class A, B, C or D driver's
53        license shall be deposited in the motorcycle safety  program  fund  estab-
54        lished in section 33-4904, Idaho Code .  ; and 
55        (l)  Three  dollars  and  fifty  cents  ($3.50)  of each fee for a class D


                                          4

 1        skills test shall be deposited into the state highway account.
 2        (9)  The contractor administering a class A, B, or C skills test shall  be
 3    entitled  to  not  more  than fifty dollars ($50.00) of the skills test fee. A
 4    contractor administering a class A, B, or C skills test may collect  an  addi-
 5    tional fee for the use of the contractor's vehicle for the skills test.
 6        (10) Thirty-five  dollars ($35.00) of each restricted driving permit shall
 7    be deposited in the state highway account.
 8        (11) 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        (12) 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  appli-
38    cant as set forth in a certified copy of his birth certificate  and, sub-
39    ject to subsection (7) of this section,   or  other satisfac-
40    tory evidence of 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;
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 Section 73-122, Idaho Code, be, and the  same  is  hereby
52    repealed.

Statement of Purpose / Fiscal Impact


1 .

                         STATEMENT OF PURPOSE
                               RS 08465

Deletes the requirement to provide social security number on
applications for marriage license, driverts license, identification
card issued by the State of Idaho, and to repeal Section 73-122, Idaho
Code, requiring social security number on any application for
professional, occupational, or recreational license.

                              FISCAL NOTE
None.

Contact: 
Representative Twila Hornbeck
332-1000


STATEMENT OF PURPOSE/FISCAL                       H 131

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