2001 Legislation
Print Friendly

HOUSE BILL NO. 215 – Drivers license, not issued, when

HOUSE BILL NO. 215

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0215.........................................by TRANSPORTATION AND DEFENSE
DRIVER'S LICENSES - Amends existing law to provide that where a driver's
license has been revoked, suspended, canceled or disqualified in any other
jurisdiction, and the driver has completed the period of revocation,
suspension, cancellation or disqualification as specified by the
jurisdiction, that person may be granted a class D driver's license in this
state if five years have elapsed from the time of eligibility for
reinstatement in the other jurisdiction, even though the driver has not
fulfilled the requirements for reinstatement in the other jurisdiction.
                                                                        
02/13    House intro - 1st rdg - to printing
02/14    Rpt prt - to Transp
02/15    Rpt out - rec d/p - to 2nd rdg
02/16    2nd rdg - to 3rd rdg
02/19    3rd rdg - PASSED - 65-1-4
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest,
      Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
      Loertscher, Marley, McKague, Meyer, Montgomery, Mortensen, Moss,
      Moyle, Pearce, Pischner, Pomeroy, Raybould, Roberts, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Swan, Tilman,
      Trail, Wood, Young, Mr. Speaker
      NAYS -- Higgins
      Absent and excused -- Mader, Ridinger, Stone, Wheeler
    Floor Sponsor -- Bieter
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to Transp
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/20    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
      Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
      Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
      Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor -- Dunklin
    Title apvd - to House
03/21    To enrol
03/22    Rpt enrol - Sp signed - Pres signed - to Gov
03/23    Governor signed
         Session Law Chapter 168
         Effective: 03/23/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 215
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO WHAT PERSONS SHALL NOT BE ISSUED A MOTOR VEHICLE DRIVER'S LICENSE;
  3        AMENDING SECTION 49-303, IDAHO CODE, TO PROVIDE WHERE A  DRIVER'S  LICENSE
  4        HAS  BEEN REVOKED, SUSPENDED, CANCELED OR DISQUALIFIED IN ANY OTHER JURIS-
  5        DICTION, AND THE DRIVER HAS COMPLETED THE PERIOD  OF  REVOCATION,  SUSPEN-
  6        SION,  CANCELLATION  OR DISQUALIFICATION AS SPECIFIED BY THE JURISDICTION,
  7        THAT PERSON MAY BE GRANTED A CLASS D DRIVER'S LICENSE  IN  THIS  STATE  IF
  8        FIVE  YEARS HAVE ELAPSED FROM THE TIME OF ELIGIBILITY FOR REINSTATEMENT IN
  9        THE OTHER JURISDICTION, EVEN THOUGH  THE  DRIVER  HAS  NOT  FULFILLED  THE
 10        REQUIREMENTS FOR REINSTATEMENT IN THE OTHER JURISDICTION AND TO MAKE TECH-
 11        NICAL CORRECTIONS; AND DECLARING AN EMERGENCY.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That  Section  49-303, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        49-303.  WHAT PERSONS SHALL NOT BE  LICENSED.  The  department  shall  not
 16    issue  any  driver's  license,  any instruction permit, privileges or right to
 17    drive and if issued, may revoke or cancel the driver's  license  of  a  person
 18    who:
 19        (1)  As  an operator of a vehicle requiring a class D driver's license, is
 20    under the age of seventeen (17) years, except that the department may issue  a
 21    driver's  license  to  any  person  who has successfully completed an approved
 22    driver training course, has completed the requirements of a class D supervised
 23    instruction permit, and who is at least fifteen (15) years of age, with  driv-
 24    ing  privileges restricted to daylight hours only, and with full privileges at
 25    sixteen (16) years of age. The restriction of daylight hours only  shall  mean
 26    that  period of time one-half (1/2) hour before sunrise to one-half (1/2) hour
 27    after sunset. If a person who is at least fifteen (15) years but is under sev-
 28    enteen (17) years of age  has  successfully  completed  an  approved  driver's
 29    training  course  and  has been issued a driver's license in another state, he
 30    may be issued a class D driver's license in this state.
 31        (2)  As an operator of a vehicle requiring a class D driver's license,  is
 32    under  the  age  of seventeen (17) years and has not successfully completed an
 33    approved driver training course and has not satisfied the  requirements  of  a
 34    class D supervised instruction permit.
 35        (3)  As  an  operator  of a commercial vehicle requiring a class A, B or C
 36    driver's license is under the age of eighteen (18) years.
 37        (4)  Applicants with less than one (1) year of driving experience, as evi-
 38    denced by a previous driver's license shall not be issued a class A,  B  or  C
 39    driver's license or a class A, B or C instruction permit.
 40        (5)  As  a  driver has had his license, class D instruction permit, privi-
 41    leges or right to drive suspended for the duration of the suspension,  nor  to
 42    any  person  who  has  had his class D driver's training instruction permit or
 43    class D supervised instruction permit cancelled canceled for the  duration  of
                                                                        
                                           2
                                                                        
  1    the cancellation, nor to any person whose license has been revoked, suspended,
  2    cancelled  canceled  or  disqualified by this state or any other jurisdiction;
  3    provided however, where a driver's license has been revoked,  suspended,  can-
  4    celed  or disqualified in any other jurisdiction, and the driver has completed
  5    the period of revocation,  suspension,  cancellation  or  disqualification  as
  6    specified  by  the jurisdiction, that person may be granted a class D driver's
  7    license in this state if five (5) years have elapsed from the time  of  eligi-
  8    bility for reinstatement in the other jurisdiction, even though the driver has
  9    not fulfilled the requirements for reinstatement in the other jurisdiction.
 10        (6)  Is an habitual drunkard, or is addicted to the use of narcotic drugs.
 11        (7)  Has  previously  been adjudged to be afflicted with or suffering from
 12    any mental disability or disease and who has not at the  time  of  application
 13    been restored to competency by the methods provided by law.
 14        (8)  Is required by the provisions of this chapter to take an examination,
 15    unless that person shall have successfully passed such examination.
 16        (9)  May  be  required  under  any  law  of this state to furnish proof of
 17    financial responsibility and who has not furnished that proof.
 18        (10) The department has good cause to believe  that  the  operation  of  a
 19    motor vehicle on the highways by that person would be harmful to public safety
 20    or welfare.
 21        (11) Is  disqualified  for  a  class  A,  B or C license, except he may be
 22    issued a class D driver's license.
 23        (12) Is under eighteen (18) years of age and is not  enrolled  in  school,
 24    has  not  received  a  waiver  pursuant to or has not satisfactorily completed
 25    school as provided in section 49-303A, Idaho Code.
 26        (13) Is not a resident of the state of Idaho.
                                                                        
 27        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 28    declared to exist, this act shall be in full force and effect on and after its
 29    passage and approval.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                            RS 10740
                                
This bill addresses what is an inconsistency in the law when a person
has a license suspension in another state. In Idaho, once you have
performed whatever penalty you have, after three (3) years you can
obtain or renew a license because the offense goes off our system.
However, a license suspension from another state never falls off the
system, and the person cannot renew or obtain a license in Idaho
without first getting a license in that other state, even though they
no longer reside there. This bill would be more restrictive thar Idaho
is by requiring that in addition to any specific period of suspension
five (5) years must pass before a person can obtain or renew an Idaho
license. However, it would allow Idaho residents to get their Idaho
licenses without having to get a new license in another state.

                                 
                          FISCAL IMPACT
                                
                                
                                
There is no fiscal impact.



Contact
     Name:   Representative David Bieter
     Phone:  332-1243






STATEMENT OF PURPOSE/FISCAL NOTE              H 21