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S1054.....................................................by TRANSPORTATION
DRIVER'S LICENSES - Amends existing law relating to driver's licenses to
clarify current practices and procedures.
01/27 Senate intro - 1st rdg - to printing
01/28 Rpt prt - to Transp
02/19 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/25 3rd rdg - PASSED - 25-3-7
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Crow,
Danielson, Davis, Deide, Dunklin, Frasure, Geddes, Ingram, Ipsen,
Keough, King, Lee, Noh, Richardson, Riggs, Risch, Sandy, Sorensen,
Thorne, Whitworth
NAYS--Cameron, Hawkins, Schroeder
Absent and excused--Darrington, McLaughlin, Parry, Stegner, Stennett,
Twiggs, Wheeler
Floor Sponsor - Riggs
Title apvd - to House
02/26 House intro - 1st rdg - to Transp
03/05 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 61-0-9
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
Hadley, Hammond, Hansen(23), Hansen(29), Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kunz, Linford, Loertscher, Mader,
Marley, McKague, Montgomery, Mortensen, Moyle, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith,
Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets, Trail,
Watson, Zimmermann
NAYS --None
Absent and excused -- Gould, Henbest, Lake, Limbaugh, Meyer, Wheeler,
Williams, Wood, Mr Speaker
Floor Sponsor - Kempton
Title apvd - to Senate
03/12 To enrol
03/15 Rpt enrol - Pres signed
03/16 Sp signed - to Governor
03/18 Governor signed
Session Law Chapter 81
Effective: 07/01/99
S1054|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1054 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO MOTOR VEHICLE DRIVER'S LICENSES AND DRIVING PRIVILEGES; AMENDING 3 SECTION 33-4904, IDAHO CODE, TO PROVIDE THAT ONE DOLLAR OF EVERY CLASS A, 4 B, C OR D DRIVER'S LICENSE FEE SHALL BE CREDITED TO THE MOTORCYCLE SAFETY 5 PROGRAM FUND AND THE FUND SHALL NOT RECEIVE FEES COLLECTED FOR A MOTOR- 6 CYCLE ENDORSEMENT OR MOTORCYCLE ENDORSEMENT INSTRUCTION PERMIT; AMENDING 7 SECTION 49-104, IDAHO CODE, TO FURTHER DEFINE "CONVICTION" TO INCLUDE 8 INFRACTION JUDGMENTS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 9 49-114, IDAHO CODE, TO DELETE REFERENCE TO A REPEALED LAW AND TO MAKE 10 TECHNICAL CORRECTIONS; AMENDING SECTION 49-202, IDAHO CODE, TO CLARIFY 11 FEES CHARGED FOR FURNISHING COPIES OF RECORDS AND FOR SEARCHING FILES AND 12 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-237, IDAHO CODE, TO 13 CLARIFY PROCEDURES RELATING TO RECORDS OF CONVICTION SENT TO THE DEPART- 14 MENT; REPEALING SECTION 49-237, IDAHO CODE, AS ENACTED BY SECTION 10, 15 CHAPTER 110, LAWS OF 1998; AMENDING SECTION 49-301, IDAHO CODE, TO CLARIFY 16 THAT NO IDAHO DRIVER'S LICENSE SHALL BE ISSUED UNTIL THE APPLICANT HAS 17 SURRENDERED ALL OTHER LICENSES AND IDENTIFICATION CARDS; AMENDING SECTION 18 49-305, IDAHO CODE, TO PROVIDE THAT NO DRIVER'S LICENSE OR INSTRUCTION 19 PERMIT SHALL BE ISSUED TO AN APPLICANT OPERATING ON A TEMPORARY DRIVER'S 20 TRAINING INSTRUCTION PERMIT UNTIL THE DEPARTMENT HAS RECEIVED A CERTIFIED 21 COPY OF THE APPLICANT'S BIRTH CERTIFICATE AND TO MAKE A TECHNICAL CORREC- 22 TION; AMENDING SECTION 49-306, IDAHO CODE, TO CLARIFY INFORMATION REQUIRED 23 ON AN APPLICATION FOR A DRIVER'S LICENSE OR INSTRUCTION PERMIT AND TO 24 CLARIFY DOCUMENTS ACCEPTABLE AS PROOF OF IDENTITY; AMENDING SECTION 25 49-310, IDAHO CODE, TO PROVIDE THAT PERSONS WITH CUSTODY OR GUARDIANSHIP 26 OF AN APPLICANT UNDER EIGHTEEN YEARS OF AGE SHALL VERIFY SUCH CUSTODY OR 27 GUARDIANSHIP AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-318, 28 IDAHO CODE, TO PROVIDE REQUIREMENTS FOR OBTAINING DUPLICATE DRIVER'S 29 LICENSES AND SUBSTITUTE PERMITS; AMENDING SECTION 49-319, IDAHO CODE, TO 30 PROVIDE ADDITIONAL REQUIREMENTS FOR THE RENEWAL OF A DRIVER'S LICENSE; 31 AMENDING SECTION 49-326, IDAHO CODE, TO PROVIDE AUTHORITY FOR THE DEPART- 32 MENT TO SUSPEND DRIVER'S LICENSES FOR OUT-OF-STATE CONVICTIONS AND SUSPEN- 33 SIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-328, IDAHO 34 CODE, TO CLARIFY PROCEDURES FOR COLLECTING REINSTATEMENT FEES; AMENDING 35 SECTION 49-335, IDAHO CODE, TO PROVIDE THAT A JUDGMENT OR WITHHELD JUDG- 36 MENT IS A CONVICTION FOR PURPOSES OF DISQUALIFYING A COMMERCIAL VEHICLE 37 DRIVER; AMENDING SECTION 49-337, IDAHO CODE, TO PROVIDE FOR EMPLOYERS' 38 RESPONSIBILITIES RELATING TO COMMERCIAL VEHICLES SUBJECT TO AN OUT-OF- 39 SERVICE ORDER; AMENDING SECTION 49-1208, IDAHO CODE, TO CORRECT AND CLAR- 40 IFY PROVISIONS OF LAW RELATING TO MAINTAINING PROOF OF FINANCIAL RESPONSI- 41 BILITY; AMENDING SECTIONS 49-1229, 49-1232 AND 49-1428, IDAHO CODE, TO 42 PROVIDE ADDITIONAL REFERENCES SO THAT A SECOND OR SUBSEQUENT VIOLATION OF 43 THE SECTION OR THE REFERENCED SECTIONS CONSTITUTE A MISDEMEANOR; AND 44 AMENDING SECTION 49-2444, IDAHO CODE, TO PROVIDE ADDITIONAL REQUIREMENTS 45 FOR THE ISSUANCE OF AN IDENTIFICATION CARD. 2 1 Be It Enacted by the Legislature of the State of Idaho: 2 SECTION 1. That Section 33-4904, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 33-4904. MOTORCYCLE SAFETY PROGRAM FUND. (1) The motorcycle safety pro- 5 gram fund is established in the state treasury and appropriated on a continual 6 basis to the department of education which shall administer the moneys. Money 7 in the fund shall only be used for administration and implementation of the 8 program, including reimbursement of entities which offer approved motorcycle 9 rider training courses. 10 (2) At the end of each fiscal year, moneys remaining in the motorcycle 11 safety program fund shall be retained in said fund and shall not revert to any 12 other general fund. The interest and income earned on money in the fund, after 13 deducting any applicable charges, shall be credited to and remain in the 14 motorcycle safety program fund. 15 (3) Revenue credited to the fund shall includeeleven16 one dollars and fifty cents($11.5.0 17 0) of each feeassessedfor amotorcycle endorsement18instruction permit and a motorcycle endorsementclass A, B, C or 19 D driver's license as provided in section 49-306, Idaho Code. 20 SECTION 2. That Section 49-104, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 49-104. DEFINITIONS -- C. 23 (1) "Cancellation of driver's license" means the annulment or termination 24 by formal action of the department of a person's driver's license because of 25 some error or defect in the driver's license or because the licensee is no 26 longer entitled to the driver's license. The cancellation of a driver's 27 license is without prejudice and after compliance with requirements, the indi- 28 vidual may apply for a new driver's license at any time after cancellation. 29 (2) "Caravaning" means the transportation of any motor vehicle into, out 30 of, or within the state operating on its own wheels or in tow for the purpose 31 of sale or offer of sale by any agent, dealer, manufacturer's representative, 32 purchaser, or prospective purchaser, regardless of residence unless the motor 33 vehicle is licensed by the state of Idaho, or is owned by an automobile 34 dealer, duly licensed as a dealer by this state. It shall also be considered 35 as the transportation of property for hire by a motor vehicle upon the high- 36 ways of this state. 37 (3) "Certificate of liability insurance" means a certificate of liability 38 insurance issued by an insurance company authorized to do business in this 39 state or a certificate of liability insurance issued by the department of 40 insurance which demonstrates current insurance against loss resulting from 41 liability imposed by law for bodily injury or death or damage to property suf- 42 fered by any person caused by accident and arising out of the operation, main- 43 tenance or use of a motor vehicle described in the certificate in an amount 44 not less than that required by section 49-1212, Idaho Code, and also demon- 45 strates the current existence of any other coverage required by title 41, 46 Idaho Code, or a certificate of self-insurance issued pursuant to law for each 47 motor vehicle to be registered. A certificate of liability insurance shall 48 contain the information required by the department of insurance, including the 49 name and address of the owner of the motor vehicle and a description of the 50 motor vehicle including identification number if there is one, or a statement 51 that all vehicles owned by a person or entity are covered by insurance, the 3 1 inception date of coverage, and the name of the insurer. "Certificate of lia- 2 bility insurance" may also include the original contract of liability insur- 3 ance or a true copy, demonstrating the current existence of the liability 4 insurance described above. 5 (4) "Commercial coach." (See section 39-4105, Idaho Code) 6 (5) "Commercial driver's license" means any class A, class B or class C 7 driver's license as defined in section 49-105, Idaho Code. 8 (6) "Commercial driver license information system (CDLIS)" is the infor- 9 mation system established to serve as a clearinghouse for locating information 10 related to the licensing and identification of motor vehicle drivers. 11 (7) "Commercial driver training school" means a business enterprise con- 12 ducted by an individual, association, partnership, or corporation, for the 13 education and training of persons, either practically or theoretically, or 14 both, to operate or drive motor vehicles, and charging a consideration or 15 tuition for such services. 16 (8) "Commercial vehicle" or "commercial motor vehicle." (See 17 "Vehicle , ",section 49-123, Idaho Code) 18 (9) "Construction danger zone" means a construction or maintenance area 19 that is located on or adjacent to a highway and marked by appropriate warning 20 signs. 21 (10) "Controlled substance" means any substance so classified under sec- 22 tion 102(6) of the controlled substances act (21 U.S.C. 802(6)), and includes 23 all substances listed on schedules I through V, of 21, CFR part 1308, as they 24 may be revised from time to time. 25 (11) "Conviction" means the person has pled guilty or has been found 26 guilty, notwithstanding the form of the judgment or withheld judgment. A 27 conviction for purposes of this title shall also include an infraction judg- 28 ment. 29 (12) "Crosswalk" means: 30 (a) That part of a highway at an intersection included within the connec- 31 tions of the lateral lines of the sidewalks on opposite sides of the high- 32 way measured from the curbs or in the absence of curbs, from the edges of 33 the traversable highway; and in the absence of a sidewalk on one side of 34 the highway, that part of a highway included within the extension of the 35 lateral lines of the existing sidewalk at right angles to the centerline. 36 (b) Any portion of a highway at an intersection or elsewhere distinctly 37 indicated for pedestrian crossing by lines or other markings on the sur- 38 face. 39 SECTION 3. That Section 49-114, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 49-114. DEFINITIONS -- M. 42 (1) "Major component part" means a rear clip, cowl, frame or inner struc- 43 ture forward of the cowl, body, cab, front end assembly, front clip or such 44 other part which is critical to the safety of the vehicle. 45 (2) "Manifest" means a form used for identifying the quantity, composi- 46 tion, origin, routing, waste or material identification code and destination 47 of hazardous material or hazardous waste during any transportation within, 48 through, or to any destination in this state. 49 (3) "Manufactured home." (See section 39-4105, Idaho Code) 50 (4) "Manufacturer" means every person engaged in the business of con- 51 structing or assembling vehicles of a type required to be registered at an 52 established place of business in this state. The term, for purposes of sec- 53 tions 49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall 4 1 include a distributor and other factory representatives. 2 (5) "Manufacturer's year designation" means the model year designated by 3 the vehicle manufacturer, and not the year in which the vehicle is, in fact, 4 manufactured. 5 (6) "Maximum gross weight" means the scale weight of a vehicle, equipped 6 for operation, to which shall be added the maximum load to be carried as 7 declared by the owner in making application for registration. When a vehicle 8 against which a registration or use fee is assessed is a combination of vehi- 9 cles, the term "maximum gross weight" means the combined maximum gross weights 10 of all vehicles in the combination. 11 (7) "Metal tire." (See "Tires," section 49-121, Idaho Code) 12 (8) "Moped" means a limited-speed motor-driven cycle which is not capable 13 of propelling the vehicle at a speed in excess of thirty (30) miles per hour 14 on level ground, whether two (2) or three (3) wheels are in contact with the 15 ground during operation. If an internal combustion engine is used, the dis- 16 placement shall not exceed fifty (50) cubic centimeters and the moped shall 17 have a power drive system that functions directly or automatically without 18 clutching or shifting by the operator after the drive system is engaged. 19 (9) "Motorcycle" means every motor vehicle having a seat or saddle for 20 the use of the rider and designed to travel on not more than three (3) wheels 21 in contact with the ground, but excluding a tractor and moped. 22 (10) "Motor home" means a vehicular unit designed to provide temporary 23 living quarters, built into an integral part or permanently attached to a 24 self-propelled motor vehicle chassis. The vehicle must contain permanently 25 installed independent life support systems which meet the American National 26 Standards Institute (ANSI) A119.7 Standard for Recreational Vehicles, and pro- 27 vide at least four (4) of the following facilities: cooking, refrigeration or 28 ice box, self-contained toilet, heating and/or air conditioning, a potable 29 water supply system, including a faucet and sink, separate 110-125 volt elec- 30 trical power supply and/or LP-gas supply. 31 (11) "Motorized wheelchair" means a motor vehicle with a speed not in 32 excess of eight (8) miles per hour, designed for and used by a handicapped 33 person. 34 (12) "Motor number." (See "Identifying number , ",35 section 49-110, Idaho Code) 36 (13) "Motor vehicle." (See "Vehicle , ",section 37 49-123, Idaho Code) 38 (14) "Motor vehicle liability policy" means an owner's or operator's pol- 39 icy of liability insurance, certified as provided in section 49-1210 , 40or 49-1211,Idaho Code, as proof of financial responsibil- 41 ity, and issued, except as otherwise provided in section 49-1211, Idaho42Code,by an insurance carrier duly authorized to transact business in 43 this state, to or for the benefit of the person named therein as insured. 44 (15) "Motor vehicle record" means any record that pertains to a motor 45 vehicle registration, motor vehicle title or identification documents or other 46 similar credentials issued by the department or other state or local agency. 47 SECTION 4. That Section 49-202, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 49-202. DUTIES OF DEPARTMENT. (1) All registration and driver's license 50 records in the office of the department shall be public records and open to 51 inspection by the public during normal business hours, except for those 52 records declared by law to be for the confidential use of the department, or 53 those records containing personal information subject to restrictions or con- 5 1 ditions regarding disclosure. If the department has contracted for a service 2 to be provided by another entity, an additional fee shall be charged by that 3 contractor whether the service is rendered during normal business hours, other 4 than normal business hours or on weekends. 5 (2) In addition to other fees required by law to be collected by the 6 department, the department shall collect the following: 7 (a) For certifying a copy of any record pertaining to any vehicle 8 license, any certificate of title, or any driver's license ......... $8.00 9 (b) For issuing every Idaho certificate of title .................. $8.00 10 (c) For furnishing a duplicate copy of any Idaho certificate of title 11 .................................................................... $8.00 12 (d) For issuance or transfer of every certificate of title on a new or 13 used vehicle or other titled vehicle in an expedited manner (rush titles), 14 in addition to any other fee required by this section ............. $15.00 15 (e) For furnishing a replacement of any receipt of registration ... $3.00 16 (f) Foranswering inquiries as tofurnishing copies of 17 registration or ownership of motor vehicles or driver's license 18 records, per vehicle registration, accident report records, title or per 19 driver's license record ............................................ $4.00 20 Additional contractor fee, not to exceed ........................... $4.00 21 (g) For services infurnishing copies ofsearching 22 files of vehicle or other registrations, vehicle titles, or 23 driver's licenses per hour ........................................ $10.00 24 (h) Placing "stop" cards in vehicle registration or title files, each 25 ................................................................... $12.00 26 (i) For issuance of an assigned or replacement vehicle identification 27 number (VIN) .......................................................$10.00 28 (j) For a vehicle identification number (VIN) inspection whether con- 29 ducted by a city or county peace officer or any other peace officer or 30 designated agent of the state of Idaho, per inspection ............. $3.00 31 (k) For all replacement registration stickers, each ............... $1.00 32 (l) For issuing letters of temporary vehicle clearance to Idaho based 33 motor carriers .................................................... $10.00 34 (m) For all sample license plates, each .......................... $12.00 35 (n) For filing release of liability statements .................... $2.00 36 (3) The fees required in this section shall not apply when the service is 37 furnished to any federal, state, county or city peace officer when such ser- 38 vice is required in the performance of their duties as peace officers. 39 (4) The department may enter into agreements with private companies or 40 public entities to provide the services for which a fee is collected in sub- 41 section (2)(f) of this section. Such private contractor shall collect the fee 42 prescribed and remit the fee to the department. The contractor shall also col- 43 lect and retain the additional fee charged for his services. 44 (5) The department shall pay three dollars ($3.00) of the fee collected 45 by a county assessor or other agent of the department as provided in subsec- 46 tion (2)(a) through (f) of this section, to the county assessor of the county 47 or agent collecting such fee, which shall be deposited with the county trea- 48 surer and credited to the county current expense fund. The remainder of the 49 fees collected as provided in that subsection shall be paid by the department 50 to the state treasurer and placed in the state highway account. The fee col- 51 lected under subsection (2)(j) of this section for a VIN inspection shall be 52 placed in the city general fund if conducted by a city peace officer, in the 53 county current expense fund if conducted by a county peace officer, shall be 54 retained by the special agent authorized to perform the inspection, or paid to 55 the state treasurer and placed to the credit of the department of law enforce- 6 1 ment if conducted by the Idaho state police division or in the state highway 2 account if conducted by the department. 3 (6) The department as often as practicable may provide to law enforcement 4 agencies the record of suspensions and revocations of driver licenses via the 5 Idaho law enforcement telecommunications system (ILETS). 6 (7) The department shall provide the forms prescribed in chapter 5 of 7 this title, shall receive and file in its office in Boise, Idaho, all instru- 8 ments required in chapter 5 of this title to be filed with the department, 9 shall prescribe a uniform method of numbering certificates of title, and main- 10 tain in the department indices for such certificates of title. All indices 11 shall be by motor or identification number and alphabetical by name of the 12 owner. 13 (8) The department shall file each registration received under a distinc- 14 tive registration number assigned to the vehicle and to the owner thereof. 15 (9) The department shall not renew a driver's license or identification 16 card when fees required by law have not been paid or where fees for past 17 periods are due, owing and unpaid including nonsufficient fund checks, until 18 those fees have been paid. 19 (10) The department shall not grant the registration of a vehicle when: 20 (a) The applicant is not entitled to registration under the provisions of 21 this title; or 22 (b) The applicant has neglected or refused to furnish the department with 23 the information required in the appropriate form or reasonable additional 24 information required by the department, or has failed to comply with the 25 provisions of section 49-436, Idaho Code, in past registration periods; or 26 (c) The fees required by law have not been paid, or where fees for past 27 registration periods are due, owing and unpaid including nonsufficient 28 fund checks. 29 (11) The department or its authorized agents have the authority to request 30 any person, to submit to medical, vision, highway, or written examinations, to 31 protect the safety of the public upon the highways. The department or its 32 authorized agents may exercise such authority based upon evidence which may 33 include, but is not limited to, observations made. 34 (12) The department shall revoke the registration of any vehicle: 35 (a) Which the department shall determine is unsafe or unfit to be oper- 36 ated or is not equipped as required by law; 37 (b) Whenever the person to whom the registration card or registration 38 plate has been issued shall make or permit to be made any unlawful use of 39 the same or permit their use by a person not entitled thereto; 40 (c) For any violation of vehicle registration requirements by the owner 41 or operator in the current or past registration periods; 42 (d) Whenever a motor carrier as defined in section 61-801, Idaho Code, 43 has his permit revoked for any cause except at the request of the permit 44 holder, as provided in section 61-808, Idaho Code, or whenever an inter- 45 state carrier has his registration revoked by reason of a revocation of 46 his interstate commerce commission operating authority; 47 (e) For nonpayment by the owner or operator of the vehicle of use fees 48 computed under sections 49-434 and 49-435, Idaho Code; 49 (f) For failure of the owner or operator to file the reports required or 50 nonpayment of fees assessed against the owner by the department pursuant 51 to audit under the provisions of section 49-436, Idaho Code; 52 (g) Identified by any city or county administering a program established 53 by ordinance for the inspection and readjustment of motor vehicles (which 54 program is part of an approved state implementation plan adopted by both 55 the state and federal governments under 42 USC section 7410) as having 7 1 failed to comply with an ordinance requiring motor vehicle emission 2 inspection and readjustment; provided that no vehicle shall be identified 3 to the department under this subsection (g) unless (i) the city or county 4 certifies to the department that the owner of the motor vehicle has been 5 given notice and had the opportunity for a hearing concerning compliance 6 with the ordinance and has exhausted all remedies and appeals from any 7 determination made at such hearing; and (ii) the city or county reimburses 8 the department for all direct costs associated with the registration revo- 9 cation procedure. 10 (13) The department shall not reregister or permit a vehicle to operate on 11 a special trip permit until all fees, penalties and interest have been paid. 12 (14) The department shall institute educational programs, demonstrations, 13 exhibits and displays. 14 (15) The department shall cancel a driver's license or identification card 15 when fees required by law have not been paid or where fees are due, owing and 16 unpaid including nonsufficient fund checks, until those fees have been paid. 17 (16) The department shall examine persons and vehicles by written, oral, 18 vision and skills tests without compulsion except as provided by law. 19 (17) The department shall employ expert and special help as needed in the 20 department. 21 (18) The department shall compile accident statistics and disseminate 22 information relating to those statistics. 23 (19) The department shall cooperate with the United States in the elimina- 24 tion of road hazards, whether of a physical, visual or mental character. 25 (20) The department shall place and maintain traffic-control devices, con- 26 forming to the board's manual and specifications, upon all state highways as 27 it shall deem necessary to indicate and to carry out the provisions of this 28 title or to regulate, warn, or guide traffic. No local authority shall place 29 or maintain any traffic-control device upon any highway under the jurisdiction 30 of the department except by the latter's permission, except where the duly 31 elected officials of an incorporated city have established speed limits lower 32 than those set by the department on the portion of state highways, excluding 33 controlled access and interstate highways, that pass through residential, 34 urban or business districts within the jurisdiction of the incorporated city. 35 The placement and maintenance of such a traffic - control device by 36 a local authority shall be made according to the board's manual and specifica- 37 tions for a uniform system of traffic - control devices. 38 (21) The department may conduct an investigation of any bridge or other 39 elevated structure constituting a part of a highway, and if it shall find that 40 the structure cannot with safety to itself withstand vehicles traveling at a 41 speed otherwise permissible under this title, shall determine and declare the 42 maximum speed of vehicles which the structure can safely withstand, and shall 43 cause or permit suitable signs stating the maximum speed to be erected and 44 maintained before each end of the structure. 45 (22) Whenever the department shall determine on the basis of an engineer- 46 ing and traffic investigation that slow speeds on any highway or part of a 47 highway impede the normal and reasonable movement of traffic, the department 48 may determine and declare a minimum speed limit below which no person shall 49 drive a vehicle except when necessary for safe operation or in compliance with 50 law, and that limit shall be effective when posted upon appropriate fixed or 51 variable signs, except in cases where the duly elected officials of an incor- 52 porated city have established speed limits lower than those set by the 53 department on portions of state highways, excluding controlled access and 54 interstate highways, that pass through residential, urban or business dis- 55 tricts within the jurisdiction of the incorporated city. 8 1 (23) The department shall regulate or prohibit the use of any2controlledaccesscontrolled-access highway by any class or 3 kind of traffic which is found to be incompatible with the normal and safe 4 movement of traffic. 5 (24) The department shall erect and maintain traffic-control devices on 6 controlled-access highways on which any prohibitions are applicable. 7 (25) Wherever a highway crosses one (1) or more railroads at 8 grade, the department or local authorities within their respective jurisdic- 9 tions shall place and maintain stop signs, directing vehicular traffic 10 approaching the crossing to come to a full stop prior to entering the crossing 11 at all railroad crossings where electric or mechanical warning signals do not 12 exist. Placement of these stop signs shall be mandatory except when in the 13 determination of public highway agencies the existence of stop signs at a 14 given crossing would constitute a greater hazard than their absence based on a 15 recognized engineering study. 16 Nothing in this subsection shall be construed as granting immunity to any 17 railroad company as to liability, if any, for an accident which might occur at 18 a crossing where stop signs are erected and in place, but liability, if any, 19 shall be determined as provided by law. Liability on the part of governmental 20 authorities on account of absence of any stop sign at a crossing shall be 21 determined as provided by law. 22 (26) The department and local authorities are authorized to determine 23 those portions of any highway under their respective jurisdictions where over- 24 taking and passing or driving on the left side of the roadway would be espe- 25 cially hazardous and may by appropriate signs or markings on the roadway indi- 26 cate the beginning and end of those zones and when signs or markings are in 27 place and clearly visible to an ordinarily observant person, every driver of 28 a vehicle shall obey those directions. 29 (27) The department and local authorities in their respective jurisdic- 30 tions may in their discretion issue special permits authorizing the operation 31 upon a highway of traction engines or tractors having movable tracks with 32 transverse corrugations upon the periphery of the movable tracks or farm trac- 33 tors or other farm machinery, the operation of which upon a highway would 34 otherwise be prohibited under this title or title 40, Idaho Code. 35 (28) The department and local highway authorities within their respective 36 jurisdictions may place official traffic-control devices prohibiting, limiting 37 or restricting the stopping, standing or parking of vehicles on any highway 38 where such stopping, standing or parking is dangerous to those using the high- 39 way or where the stopping, standing or parking of vehicles unduly interferes 40 with the free movement of traffic thereon. 41 (29) On any informational material printed after July 1, 1995, by or at 42 the order of the department and distributed to counties, school districts or 43 individuals for the purpose of assisting a person to successfully pass a 44 driver's license test, the department shall include material about the state's 45 open range law and responsibilities, liabilities and obligations of drivers 46 driving in the open range. 47 SECTION 5. That Section 49-237, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 49-237. RECORDS TO BE SENT TO DEPARTMENT. Upon the conviction or 50 reversal of conviction of any person for the violation of any of the 51 provisions of this title, the judicial officer before whom the proceed- 52 ings are had or the clerk of the district court shall immediately 53 transmit the facts of the case to the department ,and the9 1department of correction,either in paper or electronic form, including 2 the name, address, date of birth, and the driver's license number or social 3 security number of the party charged, and any judgment issued, including a 4 withheld judgment. The judicial officer or the clerk of the dis- 5 trict court shall also forward to the department information regarding the 6 character of the punishment, and the amount of any fine imposed and paid, the 7 ordered sentence and its terms, and the ordered suspension period, including 8 when the suspension is to commence. The information provided to the department 9and the department of correctionshall be certified if submitted 10 in paper form; no certification is required for electronic transfers of infor- 11 mation. The department shall enter the facts either in the records of regis- 12 tered vehicles, or in the records of registered dealers, or in the driver's 13 license records, as the case may be, opposite the name of the person so con- 14 victed, and in the case of any other person, in a record of offenders, to be 15 kept for that purpose. If an individual is reincarcerated while that person's 16 driver's license or driving privileges are suspended, the department of cor- 17 rection is to notify the department that the individual is reincarcerated, as 18 well as the terms and period of reincarceration. If the conviction be reversed 19 on appeal, the person whose conviction has been reversed may serve on the 20 department a certified copy of the order of reversal, and the department shall 21 enter the reversal in the proper records. 22 SECTION 6. That Section 49-237, Idaho Code, as amended in Section 10, 23 Chapter 110, Laws of 1998, be, and the same is hereby repealed. 24 SECTION 7. That Section 49-301, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 49-301. DRIVERS TO BE LICENSED. (1) No person, except those expressly 27 exempted by the provisions of this chapter, shall drive any motor vehicle upon 28 a highway unless the person has a valid Idaho driver's license. No person 29 shall operate a motorcycle upon a highway unless he has a motorcycle endorse- 30 ment on his valid driver's license. No person shall operate a commercial motor 31 vehicle as defined in section 49-123, Idaho Code, upon a highway unless he has 32 a seasonal or class A, B or C driver's license with required endorsements. No 33 person shall operate a motor vehicle in violation of any valid restriction 34 identified on or attached to, his valid driver's license. No person shall 35 receive a class D driver's license unless and until he surrenders 36 to the department all driver's licenses in his possession issued to him by 37 Idaho or any other jurisdiction for use within the United States, or any 38 identification cards issued by any other jurisdiction within the United 39 States, or until he executes an affidavit that he does not possess a 40 driver's license or any identification cards . No person shall be 41 permitted to have more than one (1) driver's license issued for use within the 42 United States at any time. 43 (2) Any holder of a class A, B or C commercial driver's license issued by 44 a jurisdiction other than Idaho shall apply for an Idaho-issued commercial 45 driver's license within thirty (30) days of establishing a domicile in Idaho. 46 In accordance with the federal motor carrier safety regulations, no per- 47 son shall receive a class A, B or C driver's license unless and until he sur- 48 renders to the department all driver's licenses in his possession issued to 49 him by Idaho or any other jurisdiction. 50 SECTION 8. That Section 49-305, Idaho Code, be, and the same is hereby 51 amended to read as follows: 10 1 49-305. INSTRUCTION PERMITS -- TEMPORARY LICENSES -- TEMPORARY DRIVER'S 2 TRAINING INSTRUCTION PERMIT. (1) Upon passage of the required knowledge tests 3 appropriate for the vehicle being operated, the department may issue an 4 instruction permit for the type of vehicle(s) the person will be operating, 5 entitling the applicant, while having the permit in his immediate possession, 6 to drive a motor vehicle upon the highways for a period of up to one hundred 7 eighty (180) days. That person must be accompanied by an adult driver who 8 holds a driver's license appropriate for the vehicle being operated and who is 9 actually occupying a seat beside the driver. 10 (a) Any person who has reached the age of fifteen (15) years, and who has 11 successfully completed an approved driver training course may apply for a 12 class D instruction permit with driving privileges restricted to daylight 13 hours only, and with full privileges at sixteen (16) years of age. The 14 restriction of daylight hours only shall mean that period of time one-half 15 (1/2) hour before sunrise to one-half (1/2) hour after sun- 16 set. Any person applying for an instruction permit or driving privileges 17 who is under the age of eighteen (18) years shall be in compliance with 18 school attendance requirements of section 49-303A, Idaho Code. 19 (b) Any person who has reached the age of eighteen (18) years may apply 20 for a class A, B or C instruction permit. 21 (c) On and after April 1, 1992, federal highway administration rules and 22 regulations concerning instruction permits, as specified in 49 CFR part 23 383, will be in effect for commercial motor vehicle operators. 24 (2) The department may, at its discretion, issue a temporary class D 25 driver's license to an applicant for a class D driver's license permitting him 26 to operate a motor vehicle while the department is completing its investiga- 27 tion and determination of all facts relative to the applicant's right to 28 receive a driver's license. The temporary license may be cancelled at the 29 department's discretion at any time after issuance. The temporary license must 30 be in the applicant's immediate possession while operating a motor vehicle, 31 and it shall be invalid when the applicant's driver's license has been issued 32 or for good cause has been refused. 33 (3) If an applicant for a driver's training instruction permit cannot 34 provide a certified copy of his birth certificate at the time of application, 35 the department may issue a temporary driver's training instruction permit upon 36 receipt of both a photo identification and a letter from the school verifying 37 the applicant's enrollment in a driver training course. The certified 38 copy of his birth certificate shall be required before a driver's license or 39 instruction permit will be issued. 40 (4) The department may issue a motorcycle endorsement instruction permit 41 to an applicant who has a valid driver's license and who has successfully com- 42 pleted the motorcycle riders knowledge test and paid the appropriate fees. The 43 permit entitles the applicant, while having the permit in his immediate pos- 44 session, to operate a motorcycle upon the highways for a period not to exceed 45 one hundred eighty (180) days. If the permittee passes the skills test for a 46 motorcycle endorsement within one hundred eighty (180) days of issuance of the 47 motorcycle endorsement instruction permit, he shall not be required to pay the 48 motorcycle endorsement fee. A person holding a motorcycle instruction permit 49 shall not carry any passenger while operating a motorcycle, shall not operate 50 a motorcycle except during the hours of daylight only and shall not operate a 51 motorcycle upon any interstate highway system. 52 A violation of the conditions of a motorcycle endorsement instruction per- 53 mit is a misdemeanor. The department shall cancel the permit whether or not 54 such violation results in conviction of the misdemeanor. 11 1 SECTION 9. That Section 49-306, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 49-306. APPLICATION FOR DRIVER'S LICENSE OR INSTRUCTION PERMIT. (1) Every 4 application for an instruction permit or for a driver's license shall be made 5 upon a form furnished by the department and shall be verified by the applicant 6 before a person authorized to administer oaths. Officers and employees of the 7 department and sheriffs and their deputies are authorized to administer the 8 oaths without charge. Every application for a permit, extension or driver's 9 license shall be accompanied by the following fee, none of which is refund- 10 able: 11 (a) Class A, B, C license with endorsements ...................... $24.50 12 (b) Class D license .............................................. $20.50 13 (c) Class A, B, C instruction permit ............................. $15.50 14 (d) Class D instruction permit ................................... $11.50 15 (e) Duplicate driver's license or permit issued under section 49-318, 16 Idaho Code ........................................................ $11.50 17 (f) Driver's license extension issued under section 49-319, Idaho Code 18 ................................................................... $ 6.50 19 (g) License classification change (upgrade) ...................... $15.50 20 (h) Endorsement addition ......................................... $11.50 21 (i) Class A, B, C skills tests ..................... not more than $55.00 22 (j) Class D skills test .......................................... $15.00 23 (k) Motorcycle endorsement skills test ............................$ 5.00 24 (l) Knowledge test ............................................... $ 3.00 25 (m) Seasonal driver's license..................................... $23.50 26 (n) One time motorcycle "M" endorsement .......................... $11.50 27 (o) Motorcycle endorsement instruction permit .................... $11.50 28 (p) Restricted driving permit .................................... $35.00 29 (2) Every application shall state the true and full name, 30 date of birth,place of birth,sex, declaration of Idaho 31 residency, Idaho residence address and mailing address, if different, 32 of the applicant, height, weight, hair color, and eye color, and the 33 applicant's social security number as verified by the applicant's social secu- 34 rity card or by the social security administration. A driver's license or 35 instruction permit issued on and after January 1, 1993, shall not contain an 36 applicant's social security number. Applications on file shall be exempt from 37 disclosure except as provided in sections 49-202, 49-203, 49-203A and 49-204, 38 Idaho Code. Every application shall also state whether the applicant has pre- 39 viously been licensed as a driver, and if so, when and by what state or coun- 40 try, and whether a driver's license or privileges have ever been suspended, 41 revoked, denied, disqualified, cancelled or whether an application has ever 42 been refused, and if so, the date of and reason for the suspension, revoca- 43 tion, denial, disqualification, cancellation or refusal and the applicant's 44 oath that all information is correct as signified by the applicant's signa- 45 ture. The applicant may be required to submit proof of identity accept- 46 able to the examiner or the department and date of birth as set forth 47 in a certified copy of his birth certificateand otherwhen 48 obtainable, or another document which provides satisfactory evidence 49to satisfy the issuing officerof a person's date of birth 50 acceptable to the examiner or the department. 51 (3) Whenever an application is received from a person previously licensed 52 in another jurisdiction, the department shall request a copy of the driver's 53 record from the other jurisdiction and shall contact the national driver reg- 54 ister. When received, the driver's record from the previous jurisdiction shall 12 1 become a part of the driver's record in this state with the same force and 2 effect as though entered on the driver's record in this state in the original 3 instance. 4 (4) Whenever the department receives a request for a driver's record from 5 another licensing jurisdiction, the record shall be forwarded without charge. 6 (5) The department shall contact and notify the commercial driver license 7 information system of the proposed application for a class A, B or C driver's 8 license to insure identification of the person and to obtain clearance to 9 issue the license. 10 (6) When the fees required under this section are collected by a county 11 officer, they shall be paid over to the county treasurer not less often than 12 monthly, who shall immediately: 13 (a) Deposit an amount equal to five dollars ($5.00) from each driver's 14 license or instruction permit application fees, application for a dupli- 15 cate driver's license or permit, classification change, seasonal driver's 16 license and additional endorsement in the current expense fund; and 17 (b) Deposit two dollars and fifty cents ($2.50) from each motorcycle 18 endorsement and motorcycle endorsement instruction permit fee in the cur- 19 rent expense fund; and 20 (c) Deposit an amount equal to three dollars ($3.00) from each fee for a 21 knowledge test in the current expense fund; and 22 (d) Deposit an amount equal to five dollars ($5.00) from each fee for a 23 motorcycle endorsement skills test in the current expense fund; provided 24 however, if a contractor administers the skills test he shall be entitled 25 to the five dollar ($5.00) fee; 26 (e) Remit the remainder to the state treasurer; and 27 (f) Deposit eleven dollars and fifty cents ($11.50) from each fee for a 28 class D skills test into the county current expense fund, unless the test 29 is administered by a department-approved contractor, in which case the 30 contractor shall be entitled to eleven dollars and fifty cents ($11.50) of 31 each fee. 32 (7) When the fees required under this section are collected by a state 33 officer or agency, they shall be paid over to the state treasurer. 34 (8) The state treasurer shall distribute the moneys received from fees 35 imposed by the provisions of this section, whether collected by a county offi- 36 cer or by a state officer or agency as follows: 37 (a) Two dollars ($2.00) of each fee for a driver's license or seasonal 38 driver's license shall be deposited in the emergency medical services 39 account II created in section 39-146A, Idaho Code; and 40 (b) Sixteen dollars and fifty cents ($16.50) of each fee for a seasonal 41 or class A, B, or C driver's license shall be deposited in the state high- 42 way account; and 43 (c) Ten dollars and fifty cents ($10.50) of each fee for a class A, B, or 44 C instruction permit or driver's license classification change shall be 45 deposited in the state highway account; and 46 (d) Six dollars and fifty cents ($6.50) of each fee for a duplicate sea- 47 sonal or class A, B, or C driver's license, class A, B, or C driver's 48 license extension, or additional endorsement shall be deposited in the 49 state highway account; and 50 (e) Four dollars ($4.00) of each fee for a motorcycle endorsement and 51 motorcycle endorsement instruction permit shall be deposited in the state 52 highway account; and 53 (f) Five dollars and thirty cents ($5.30) of each fee for a class D 54 driver's license shall be deposited in the driver training account; and 55 (g) Seven dollars and twenty cents ($7.20) of each fee for a class D 13 1 driver's license shall be deposited in the highway distribution account; 2 and 3 (h) Two dollars and sixty cents ($2.60) of each fee for a class D 4 instruction permit, duplicate class D license or permit, and class D 5 license extension shall be deposited in the driver training account; and 6 (i) Three dollars and ninety cents ($3.90) of each fee for a class D 7 instruction permit, duplicate class D license or permit, and class D 8 license extension shall be deposited in the highway distribution account; 9 and 10 (j) Five dollars ($5.00) of each fee for a class A, B, or C skills test 11 shall be deposited in the state highway account; and 12 (k) One dollar ($1.00) of each fee for a class A, B, C or D driver's 13 license shall be deposited in the motorcycle safety program fund estab- 14 lished in section 33-4904, Idaho Code. 15 (l) Three dollars and fifty cents ($3.50) of each fee for a class D 16 skills test shall be deposited into the state highway account. 17 (9) The contractor administering a class A, B, or C skills test shall be 18 entitled to not more than fifty dollars ($50.00) of the skills test fee. A 19 contractor administering a class A, B, or C skills test may collect an addi- 20 tional fee for the use of the contractor's vehicle for the skills test. 21 (10) Thirty-five dollars ($35.00) of each restricted driving permit shall 22 be deposited in the state highway account. 23 (11) The department may issue seasonal class B or C driver's licenses 24 that: 25 (a) Will only be valid for driving commercial vehicles that normally 26 require class B or C commercial driver's licenses; 27 (b) Will be valid for seasonal periods that begin on the date of issuance 28 and that are not to exceed one hundred eighty (180) days in a twelve (12) 29 month period; 30 (c) May only be obtained twice in a driver's lifetime; 31 (d) Are valid only within a one hundred fifty (150) mile radius of the 32 place of business or farm being serviced; and 33 (e) Will be valid only in conjunction with valid Idaho class D driver's 34 licenses. 35 (12) The department may issue seasonal class B or C driver's licenses to 36 drivers who: 37 (a) Have not violated the single license provisions of 49 CFR part 383; 38 (b) Have not had any license suspensions, revocations or cancellations; 39 (c) Have not had any convictions in any vehicle for any offense listed in 40 section 49-335(1) or 49-335(2), Idaho Code, or any one (1) serious traffic 41 offense; 42 (d) Have at least one (1) year of driving experience with a class D or 43 equivalent license in any type motor vehicle; and 44 (e) Are at least sixteen (16) years old. 45 SECTION 10. That Section 49-310, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 49-310. APPLICATIONS OF PERSONS UNDER THE AGE OF EIGHTEEN YEARS. (1) The 48 application of any person under the age of eighteen (18) years for an instruc- 49 tion permit, restricted driver's license or driver's license shall be signed 50 and verified before a person authorized to administer oaths by either the 51 father or mother of the applicant, if both are living and have custody of him; 52 or if either be dead, then by the surviving parent who has custody of him; or 53 by the Idaho resident host of a foreign exchange student, or in the event nei- 14 1 ther parent is living, or if living and does not have the custody of the 2 applicant, then by the person or guardian having such custody , with 3 verifiable custody or guardianship documents, or by an employer of the 4 applicant. In the event there is no guardian or employer then some other 5 responsible person willing to assume the obligation for the applicant may sign 6 the application. Any person who signs the applicant's application shall 7 attest that the applicant is in compliance with the school attendance provi- 8 sions of section 49-303A, Idaho Code. The person willing to assume responsi- 9 bility for the applicant must be at least eighteen (18) years of age. 10 (2) Any negligence or wil l ful misconduct of a person under 11 the age of eighteen (18) years when operating a motor vehicle upon a highway 12 shall be imputed to the person who signed the application of that person for a 13 permit or driver's license, and that person shall be jointly and severally 14 liable with the permit or driver's license holder for any damage caused by 15 negligence or wil l ful misconduct, except as otherwise provided by 16 law. 17 (3) In the event a permit or driver's license holder under the age of 18 eighteen (18) years deposits, or there is deposited upon his behalf, proof of 19 financial responsibility in respect to the operation of any motor vehicle, in 20 form and in amounts as required under the motor vehicle financial responsibil- 21 ity laws of this state, or by the director if the form and amount is not fixed 22 by law, then the department may accept the application when signed by one (1) 23 parent or guardian of the applicant, and while that proof is maintained the 24 parent or guardian shall not be subject to the liability imposed under subsec- 25 tion (2) of this section. 26 (4) Any person who has signed the application of a minor for a permit or 27 driver's license shall be liable civilly for the payment of any court penalty 28 imposed because the minor has been found to have committed an infraction 29 violation. The provisions of this section shall not apply or create any civil 30 liability for the person signing the application in connection with any pedes- 31 trian or bicycle infraction, and provided this subsection shall not apply to 32 any civil action where the plaintiff is other than the state of Idaho. 33 SECTION 11. That Section 49-318, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 49-318. DUPLICATE DRIVER LICENSES AND SUBSTITUTE PERMITS . 36In the event that(1) The holder of any instruction 37 permit, class A, B, C, or D or seasonal driver's license which is 38 lost or destroyed, or aname of alicensee whose name 39 ischanged by marriage or otherwiselegally changed,40the person to whom the permit or driver's license was issuedmay,41apply for a duplicate driver's license or substitute permit. A 42 duplicate driver's license or substitute permit will be issued 43 upon : 44 (a)pP ayment of the fee45fixedas provided in section 49-306, Idaho Code,46and upon; 47 (b)fF urnishing satisfactory proof 48to the departmentthat the permit, class A, B, C, or D or 49 seasonal driver's license has been lost or destroyed, or that 50 the licensee's name has been legally changed, apply for51a duplicate or substitute permit or driver's license together with appro-52priate endorsements that may have existed on the previous permit or53license. The applicant shall provide; and 15 1 (c) Furnishing proof of the applicant's identity 2 acceptable to the examiner or the department and date of 3 birth as set forth in a certified copy of his birth certificateand4other satisfactorywhen obtainable, or another document which 5 provides evidence of a person's date of birth acceptable to 6 the examiner or department . In the case of a name change, the 7 applicant shall provide legal documentation acceptable to the 8 department to verify the change .in accordance9with department rules.10 (2) A duplicate driver's license or substitute permit shall not be 11 issued, as provided in subsection (1) of this section, if the license or per- 12 mit is suspended, revoked, canceled or disqualified in this state or any other 13 jurisdiction or if the applicant has applied for, or has been issued, a 14 license or permit in another jurisdiction. 15 SECTION 12. That Section 49-319, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 49-319. EXPIRATION AND RENEWAL OF DRIVER'S LICENSE. (1) Every Idaho 18 driver's license issued to a driver shall expire on the licensee's birthday in 19 the fourth year following the issuance of the driver's license. Every driver's 20 license that is not, as provided by law, suspended, revoked or disqualified in 21 this state or any other jurisdiction shall be renewable on or before its expi- 22 ration, but not more than twelve (12) months before, upon application, payment 23 of the required fee, and satisfactory completion of the required eyesight 24 examination. 25 (2) An applicant who is issued a driver's license in another juris- 26 diction after an Idaho driver's license has been issued is not eligible for 27 renewal or a duplicate of the Idaho driver's license. The applicant may apply 28 for a new Idaho driver's license as provided in section 49-306, Idaho Code. 29 (3) No knowledge test shall be required for renewal of a driver's 30 license, except for renewal of a hazardous material endorsement. Appropriate 31 knowledge and skill tests shall be required for an upgrade in a driver's 32 license class or an endorsement addition. In the case of a name change, the 33 applicant shall provide legal documentation to verify the change in accordance 34 with department rules. 35 (24 ) When a driver's license has been expired 36 for less than twelve (12) months, the renewal of the driver's license shall 37 start from the original date of expiration regardless of the year in which the 38 application for renewal is made. If the driver's license is expired for twelve 39 (12) months or more, the applicant shall be required to take the knowledge, 40 skills for the class of license or endorsement being applied for, 41 and vision test s and the application shall expire on the 42 licensee's birthday in the fourth year following issuance of the driver's 43 license. 44 (35 ) (a) If a driver's license has expired or 45 will expire and the licensee is temporarily out-of-state except on active 46 military duty, and the driver's license has not, as provided by law, been 47 suspended, revoked, cancelled, denied, refused or disqualified, the licen- 48 see may request in writing on a form prescribed by the department an 49 extension of the driver's license. The request shall be accompanied by the 50 fee fixed in section 49-306, Idaho Code, and the extension shall be less 51 than a twelve (12) month period. If the department determines that an 52 extension of the driver's license is necessary, it may issue a certificate 53 of extension showing the date to which the expired driver's license is 16 1 extended, and this certificate shall be attached to the expired driver's 2 license. Certificates of extension are limited to one (1) per licensee. 3 (b) Upon returning to the state of Idaho, the licensee shall within ten 4 (10) days, apply for a renewal of the expired driver's license and surren- 5 der the certificate of extension and the expired driver's license. 6 (c) A hazardous material endorsement cannot be extended. 7 (46 ) An Idaho driver's license issued to any 8 person prior to serving on active duty in the armed forces of the United 9 States, or a member of the immediate family accompanying such a person, if 10 valid and in full force and effect upon entering active duty, shall remain in 11 full force and effect and shall, upon application, be extended for a period of 12 four (4) years so long as active duty continues, if the driver's license is 13 not suspended, denied, disqualified, cancelled or revoked, as provided by law, 14 during the active duty, and the driver's license shall remain in full force 15 and effect sixty (60) days following the date the holder is released from 16 active duty. 17 (57 ) The department may use a mail renewal 18 process for class D licenses based on criteria established by rule. 19 (68 ) A seasonal driver's license is only valid 20 for a one hundred eighty (180) day period from the date of issuance. Only one 21 (1) seasonal driver's license may be obtained in any twelve (12) month period, 22 and may only be obtained twice in a driver's lifetime. 23 SECTION 13. That Section 49-326, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 49-326. AUTHORITY OF DEPARTMENT TO SUSPEND, DISQUALIFY OR REVOKE DRIVER'S 26 LICENSE AND PRIVILEGES. (1) If the court has not ordered the suspension of a 27 license or privileges, the department is authorized to suspend, disqualify or 28 revoke the license or privileges of a driver without preliminary hearing upon 29 a showing by its records or other sufficient evidence that the driver: 30 (a) Has committed an offense for which mandatory revocation, suspension 31 or disqualification of license or privileges is required upon conviction, 32 court order or administrative action; 33 (b) Has been convicted in any court in this state of an offense against a 34 municipal ordinance which would have been grounds for suspension, revoca- 35 tion or disqualification of his driver's license or privileges had the 36 charge been prosecuted under a state law; 37 (c) Is incompetent to drive a motor vehicle; 38 1. Any person who in the opinion of the department, based upon rec- 39 ommendation of the person's personal physician, is afflicted with or 40 subject to any condition which brings about momentary or prolonged 41 lapses of consciousness or control, which is or may become chronic, 42 or when the person is suffering from a physical or mental disability 43 or disease serving to prevent him from exercising reasonable and 44 ordinary control over a motor vehicle while operating it upon the 45 streets and highways, or any person who is unable to understand high- 46 way signs, warning, regulating or directing traffic, is incompetent 47 to drive a motor vehicle. 48 2. Any person who shall not have minimum visual acuity with or with- 49 out corrective lenses of 20/40 in at least one (1) eye as determined 50 by the Snellen system or other available systems is incompetent to 51 operate a motor vehicle, however, the department shall have the 52 authority to license such person upon the recommendation of an oph- 53 thalmologist or qualified physician and upon passage of a skills 17 1 test. At 20/70 or more in both eyes with or without corrective lenses 2 the department may suspend the driver's license and privileges. Any 3 person who applies for or receives any type of tax, welfare or other 4 benefits or exemptions for the blind shall be conclusively presumed 5 incompetent to operate a motor vehicle. 6 3. Any person, department, or political subdivision of the state of 7 Idaho who receives an application for any type of tax, welfare, aid 8 or other benefits or exemptions for the blind shall immediately for- 9 ward the name, address, sex, date of birth, and date of application 10 of the applicant to the department; 11 (d) Has permitted an unlawful or fraudulent use of a driver's license; 12 (e) Has committed an offense,in another state 13 as evidenced by a conviction, court order or administrative action,14in another statewhich if committed in Idaho would be grounds for 15 suspension, disqualification or revocation; 16 (f) Has been convicted of the offense of reckless driving, or fleeing or 17 attempting to elude a peace officer, and providing that the operating 18 privilege shall be suspended for a period of thirty (30) days upon convic- 19 tion and providing further, that if a second conviction occurs within a 20 two (2) year period of time from the time of the first conviction, the 21 suspension shall be for ninety (90) days, and if a third conviction shall 22 occur within a three (3) year period of time from the time of the first 23 conviction, the period of suspension shall be for one (1) year; 24 (g) Has failed to satisfy a judgment as set forth in chapter 12, title 25 49, Idaho Code; 26 (h) Has failed to maintain proof of financial responsibility as set forth 27 in chapter 12, title 49, Idaho Code; 28 (i) Has a driving record which shows a violation point count of twelve 29 (12) or more points in any consecutive twelve (12) month period; 30 (j) Is an habitual violator of traffic laws; 31 (k) Has been convicted of the offense of violation of a restricted 32 license and providing the driver's license and privileges be suspended for 33 a period of thirty (30) days; 34 (l) Has been convicted for the offense of leaving the scene of an acci- 35 dent involving damages to a vehicle, the period of revocation shall be one 36 (1) year; 37 (m) Has been convicted for the offense of leaving the scene of an acci- 38 dent resulting in injury or death, the period of revocation shall be one 39 (1) year; 40 (n) Is under the age of eighteen (18) years and is not satisfactorily 41 enrolled in school, has not received a waiver pursuant to or has not com- 42 pleted school as provided in section 49-303A, Idaho Code. 43 (2) A violation point is assessed for conviction of any charge or with 44 proof of any infraction involving a moving traffic violation. A value of one 45 (1) point shall be given for a less serious violation and up to four (4) 46 points for a more serious violation. Conviction or proof of infraction for 47 only one (1) violation arising from one (1) occasion of arrest or citation 48 shall be counted in determining the violation point count. 49 (3) The department is authorized and directed to establish a violation 50 point count system for various moving traffic violations and infractions 51 occurring either within or without the state of Idaho, affecting all holders 52 of driver's licenses issued by the department. 53 (4) Notification of suspension, revocation, cancellation or disqualifica- 54 tion. Upon suspending, revoking, canceling or disqualifying the driver's 55 license or driving privileges of any person, the department shall immediately 18 1 notify the applicant or licensee in writing, at the licensee's address on file 2 with the department pursuant to section 49-320, Idaho Code. Upon his request 3 the department shall afford him an opportunity for a hearing before a hearing 4 officer appointed by the director. The hearing may be held by telephone within 5 twenty (20) days after receipt of the request, unless this period is for good 6 cause shown, extended by the hearing officer for one ten-day period. The 7 notice and hearing shall be required prior to the imposition of additional 8 suspension or disqualification periods beyond the periods as set forth in this 9 section. Upon a hearing the hearing officer may administer oaths, may issue 10 subpoenas for the attendance of witnesses and the production of relevant books 11 and papers, and may require a reexamination of the licensee. Upon the hearing 12 the department shall either rescind its order or, with good cause, may affirm 13 or extend the suspension or disqualification of the driver's license or revoke 14 the driver's license. 15 Whenever a driver's license, permit or driving privilege has been sus- 16 pended or revoked by the department as provided in this section, other than as 17 set forth in subsection (1)(c), (d), (g), (h), (m) or (n), the department may 18 issue a temporary restricted permit restricting the time, area and purpose of 19 use. The application, eligibility requirements and form of the temporary 20 restricted permit shall be provided by administrative rule. 21 (5) The department shall not suspend or revoke a driver's license or 22 privileges for a period of more than one (1) year,except as23 unless otherwise provided by law. The provisions of this subsection shall not 24 be applicable with respect to the issuance of temporary restricted permits as 25 provided in section 49-325, Idaho Code, nor shall it be applicable to those 26 suspensions placed on an individual's record for the purpose of administering 27 suspensions ordered to take effect after an individual's release from confine- 28 ment or imprisonment pursuant to chapter 80, title 18, Idaho Code. 29 (6) The department shall not disqualify a driver for a period longer than 30 specified by 49 CFR part 383. 31 SECTION 14. That Section 49-328, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 49-328. REINSTATEMENT OF REVOKED, DISQUALIFIED OR SUSPENDED DRIVER'S 34 LICENSE -- FEE -- WHEN REINSTATEMENT PROHIBITED. (1) When the period of revo- 35 cation, disqualification or suspension of a driver's license has expired, or 36 the reason for the revocation, disqualification or suspension no longer 37 exists, the department shall reinstate the driver's license or driving privi- 38 leges on application of the driver. 39 (2) The application shall be in the form prescribed by the department and 40 accompanied by a reinstatement fee of fifteen dollars ($15.00) which shall be 41 deposited in the state highway account. 42 (3) A driver's license which has been suspended under section 49-1505, 43 Idaho Code, for failure to pay an infraction penalty shall not be reinstated 44 until the licensee provides proof that the infraction penalty has been paid to 45 the court. 46 (4) In addition to any other fees required in this section to be col- 47 lected, the department shall collect fifty dollars ($50.00) for reinstating a 48 driver's license after conviction for driving under the influence, without 49 privileges, and after conviction or other violation of any other traffic 50 related misdemeanor or infraction, of which fees forty dollars ($40.00) shall 51 be paid over to the county treasurer of the county in which the conviction 52 occurred for support of that county's justice fund, or the current expense 53 fund if no county justice fund has been established and the ten dollars 19 1 ($10.00) shall be deposited in the state highway account. 2 (5) In addition to any other fees required in this section to be col- 3 lected, the department shall collect one hundred fifteen dollars ($115) for 4 reinstating a driver's license after a suspension imposed under the provisions 5 of section 18-8002 or section 18-8002A, Idaho Code, or after a suspension 6 arising out of any alcohol or drug related offense, other than a suspension 7 imposed upon a person under eighteen (18) years of age pursuant to section 8 18-1502(d), Idaho Code. Funds collected pursuant to this subsection shall be 9 deposited in the state highway account. The department shall reevaluate the 10 amount of the reinstatement fee herein imposed not later than February, 2000, 11 to determine the sufficiency of the fee to meet the costs associated with the 12 implementation of section 18-8002A, Idaho Code. 13 (6) When there is more than one (1) reason why a driver's license was 14 revoked or suspended or why a driver was disqualified, the department shall 15 not collect multiple fees for reinstatement, but shall only collect one (1) 16 reinstatement fee, which shall be the greater reinstatement fee, provided how- 17 ever, the department shall collecttwo (2)a rein- 18 statement feesforreinstating a driver's license for mul-19tipleeach suspensionsunder chapter 80, 20 title 18, Idaho Code, arising from the same occurrence. 21 SECTION 15. That Section 49-335, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 49-335. DISQUALIFICATIONS AND PENALTIES -- COMMERCIAL DRIVER'S LICENSE. 24 (1) Any person who operates a commercial motor vehicle and who holds a class 25 A, B or C driver's license is disqualified from operating a commercial motor 26 vehicle for a period of not less than one (1) year if convicted in the 27 form of a judgment or withheld judgment of a first violation under any 28 state or federal law of: 29 (a) Operating a commercial motor vehicle while under the influence of 30 alcohol or a controlled substance; 31 (b) Operating a commercial motor vehicle while the alcohol concentration 32 of the person's blood, breath or bodily substance is 0.04 or more; 33 (c) Leaving the scene of an accident involving a commercial motor vehicle 34 driven by the person; 35 (d) Using a commercial motor vehicle in the commission of any felony. 36 (2) Any person who operates a commercial motor vehicle and who holds a 37 class A, B or C driver's license is disqualified from operating a commercial 38 motor vehicle for a period of not less than one (1) year if the person refuses 39 to submit to a test to determine the driver's alcohol concentration while 40 operating a commercial motor vehicle. 41 (3) If any of the offenses specified in subsection (1) or (2) of this 42 section occurred while transporting a hazardous material required to be 43 placarded, the person is disqualified for a period of not less than three (3) 44 years. 45 (4) A person is disqualified for the period of time specified in 49 CFR 46 part 383 if found to have committed two (2) or more of any of the offenses 47 specified in subsection (1) or (2) of this section, or any combination of 48 those offenses, arising from two (2) or more separate incidents. 49 (5) A person is disqualified for the period of time specified in 49 CFR 50 part 383 from operating a commercial motor vehicle who uses a commercial motor 51 vehicle in the commission of any felony involving the manufacture, distribu- 52 tion, or dispensing of a controlled substance, or possession of a controlled 53 substance with the intent to manufacture, distribute or dispense such con- 20 1 trolled substance. 2 (6) A person is disqualified from operating a commercial motor vehicle 3 for a period of not less than sixty (60) days if convicted of two (2) serious 4 traffic violations, or one hundred twenty (120) days if convicted of three (3) 5 serious traffic violations, committed in a commercial motor vehicle arising 6 from separate incidents occurring within a three (3) year period. 7 (7) A person who drives, operates, or is in physical control of a commer- 8 cial motor vehicle within this state while having any detectable amount of 9 alcohol in his system or who refuses to submit to an alcohol test must be 10 placed out of service for twenty-four (24) hours and be subject to the provi- 11 sions of section 18-8002, Idaho Code. 12 (8) A person who is convicted in the form of a judgment or withheld 13 judgment of a violation of an out-of-service order while driving a com- 14 mercial motor vehicle is disqualified for not less than: 15 (a) Ninety (90) days nor more than one (1) year for a first conviction; 16 (b) One (1) year nor more than five (5) years for a second conviction 17 arising from separate incidents during any ten (10) year period; 18 (c) Three (3) years nor more than five (5) years for three (3) or more 19 convictions arising from separate incidents during any ten (10) year 20 period. 21 (9) A person who is convicted in the form of a judgment or withheld 22 judgment of a violation of an out-of-service order while driving a com- 23 mercial motor vehicle and while transporting hazardous materials required to 24 be placarded under the hazardous materials transportation act, or while oper- 25 ating motor vehicles designed to transport sixteen (16) or more people includ- 26 ing the driver, is disqualified for not less than: 27 (a) One hundred eighty (180) days nor more than two (2) years for a first 28 conviction; 29 (b) Three (3) years nor more than five (5) years for subsequent convic- 30 tions arising from separate incidents in any ten (10) year period. 31 SECTION 16. That Section 49-337, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 49-337. EMPLOYEE AND EMPLOYER RESPONSIBILITIES. (1) Any operator of a 34 commercial motor vehicle holding a class A, B or C driver's license issued by 35 this state, and who is convicted of violating any state law or local ordinance 36 in any other state relating to motor vehicle traffic control, other than park- 37 ing violations, shall notify the department of the conviction in the manner 38 specified by the department within thirty (30) days of the date of conviction. 39 (2) Any operator of a commercial motor vehicle holding a class A, B or C 40 driver's license issued by this state, and who is convicted of violating any 41 state law or local ordinance relating to motor vehicle traffic control in this 42 or any other state, other than parking violations, shall notify his employer 43 in writing of the conviction within thirty (30) days of the date of convic- 44 tion. 45 (3) Each employee whose class A, B or C driver's license is suspended, 46 revoked, denied, refused or cancelled by this state or who loses the privilege 47 to operate a commercial motor vehicle in any state for any period, or who is 48 disqualified from operating a commercial motor vehicle for any period, shall 49 notify his employer of that fact before the end of the business day following 50 the day the employee received notice of that fact. 51 (4) Each person who applies for employment as an operator of a commercial 52 motor vehicle with an employer shall provide notification to the employer, at 53 the time of application, of his previous employment as an operator of a com- 21 1 mercial motor vehicle. The period of previous employment of which notifica- 2 tion must be given shall be the ten (10) year period ending on the date of 3 application for employment. 4 (5) No employer shall knowingly allow, permit or authorize an employee to 5 operate a commercial motor vehicle in the United States during any period: 6 (a) In which the employee has a driver's license suspended, revoked or 7 cancelled by a state, has lost the privilege to operate a commercial motor 8 vehicle in a state or has been disqualified from operating a commercial 9 motor vehicle; or 10 (b) In which the employee has more than one (1) driver's license ; 11 or 12 (c) In which the employee, or the motor vehicle being driven, or the 13 motor carrier operation, is subject to an out-of-service order . 14 (6) Each employer shall require the information specified in subsection 15 (4) of this section to be provided by the employee. 16 SECTION 17. That Section 49-1208, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 49-1208. PROOF REQUIRED UPON CERTAIN CONVICTIONS. (1) If a person is not 19 licensed, but by final order or judgment is convicted of or forfeits any bail 20 or collateral deposited to secure an appearance for trial or has entered a 21 plea of guilty for any offense requiring the suspension or revocation of the 22 driver's license, or for operating a motor vehicle upon the highways without 23 being licensed to do so, no driver's license shall be issued to that person 24 and his driving privilege shall remain suspended or revoked until he gives and 25 maintains proof of financial responsibility. 26 (2) Whenever the department or a court suspends, or the department 27 revokes a resident's driver's license or nonresident's driving privilege by 28 reason of a conviction, forfeiture of bail, or upon a plea or finding of 29 guilty, the license or privilege shall remain suspended or revoked unless the 30 person shall have previously given or shall immediately give and maintain 31 proof of financial responsibility. 32 (3) Any person who is convicted of violating the provisions of either 33 section 49-1229, 49-1232 or 49-1428, Idaho Code, for the first time shall give 34 and maintain proof of financial responsibility throughout the one (1) year 35 period following the conviction, and for a. Any person con- 36 victed for a secondconviction andor any 37 subsequentconvictiontime of violating the provisions of 38 section 49-1229, 49-1232 or 49-1428, Idaho Code, within a 39 five (5) yearsperiod , shall give and maintain proof 40 of financial responsibility throughout the three (3) year period following 41 such conviction. The department shall notify any person subject to this sub- 42 section of the requirements for maintaining proof of financial responsibility 43 for a second and any subsequent conviction. 44(3) Any person who is convicted of violating the provisions of45either section 49-1229, 49-1232 or 49-1428, Idaho Code, shall have his46driver's license and driving privileges suspended for a three (3) year period47following such conviction.The driver's license and driving privileges 48 shall remain suspended unless the person gives and maintains proof of finan- 49 cial responsibility throughout either the one (1) year or 50 the three (3) year period following such conviction. 51 (4) Whenever a person is required to maintain proof of financial respon- 52 sibility, and who is not a resident of Idaho, files and maintains proof of 53 financial responsibility in his home state the department shall reinstate the 22 1 person's driving privileges as long as proof of financial responsibility is 2 maintained in the person's home state. 3 SECTION 18. That Section 49-1229, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 49-1229. REQUIRED MOTOR VEHICLE INSURANCE. (1) Every owner of a motor 6 vehicle which is registered and operated in Idaho by the owner or with his 7 permission shall continuously, except as provided in section 41-2516, Idaho 8 Code, provide insurance against loss resulting from liability imposed by law 9 for bodily injury or death or damage to property suffered by any person caused 10 by maintenance or use of motor vehicles described therein in an amount not 11 less than that required by section 49-117, Idaho Code, and shall demonstrate 12 the existence of any other coverage required by this title or a certificate of 13 self-insurance issued by the department pursuant to section 49-1224, Idaho 14 Code, for each motor vehicle to be registered. 15 (2) A motor vehicle owner who prefers to post an indemnity bond with the 16 director of the department of insurance in lieu of obtaining a policy of lia- 17 bility insurance may do so. Such bond shall guarantee that any loss resulting 18 from liability imposed by law for bodily injury, death or damage to property 19 suffered by any person caused by accident and arising out of the operation, 20 maintenance and use of the motor vehicle sought to be registered shall be paid 21 within thirty (30) days. The indemnity bonds shall guarantee payment in an 22 amount no less than fifty thousand dollars ($50,000) for any one (1) accident 23 of which fifteen thousand dollars ($15,000) is for property damage, for each 24 vehicle registered up to a maximum of one hundred twenty thousand dollars 25 ($120,000) for five (5) or more vehicles. 26 (3) Any bond given in connection with this chapter shall be, and shall be 27 construed to be, a continuing instrument and shall cover the period for which 28 the motor vehicle is to be registered and operated. Such bond shall be on a 29 form approved by the director of insurance with a surety company authorized to 30 do business in the state. 31 (4) In addition to any motor vehicle insurance required by the provisions 32 of this chapter, any motor carrier operating under authority of a permit 33 issued by the public utilities commission shall comply with the insurance 34 requirements of section 61-804, Idaho Code. 35 (5) It is an infraction punishable by a fine of seventy-five dollars 36 ($75.00) for any person to violate the provisions of this section for the 37 first time. A second and any subsequent conviction for a violation of the 38 provisions of this section or the provisions of section 49-1232 or 39 49-1428, Idaho Code, within a period of five (5) years shall be a mis- 40 demeanor, punishable by a fine not exceeding one thousand dollars ($1,000), or 41 by imprisonment in the county jail not exceeding six (6) months, or both. The 42 department shall notify any person convicted of a violation of this section of 43 the penalties which may be imposed for a second and any subsequent conviction. 44 SECTION 19. That Section 49-1232, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 49-1232. CERTIFICATE OR PROOF OF LIABILITY INSURANCE TO BE CARRIED IN 47 MOTOR VEHICLE. (1) A certificate or proof of liability insurance shall be in 48 the possession of the operator of every motor vehicle or present in every 49 motor vehicle at all times when the vehicle is operated within this state. The 50 certificate or proof of liability insurance shall be provided for inspection 51 to any peace officer upon request to the operator of any motor vehicle. No 23 1 person shall be convicted of violating this section if that person produces at 2 any time prior to conviction the certificate or proof of liability insurance 3 covering the motor vehicle that person is accused of operating in violation of 4 this section, where the certificate or proof of liability insurance demon- 5 strates the existence of liability insurance described in section 49-1212, 6 Idaho Code, which was in effect at the time of occurrence of the violation. 7 (2) If the court has not ordered the department to suspend the driving 8 privileges of any person convicted of a violation of the provisions of this 9 section, the department may rescind the suspension action, only if the driver 10 can prove by sufficient evidence that the legally required motor vehicle 11 insurance or other required evidence of financial responsibility was in force 12 and effect at the time of the issuance of the citation. No reinstatement fee 13 will be assessed for rescinding the suspension action under this section. 14 (3) It is an infraction punishable by a fine of seventy-five dollars 15 ($75.00) for any person to violate the provisions of this section for the 16 first time. A second and any subsequent conviction for a violation of the pro- 17 visions of this section or the provisions of section 49-1229 or 49-1428, 18 Idaho Code, within five (5) years shall be a misdemeanor, punishable by 19 a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the 20 county jail not exceeding six (6) months, or both. The department shall notify 21 any person convicted of a violation of this section of the penalties which may 22 be imposed for a second and any subsequent conviction. 23 SECTION 20. That Section 49-1428, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 49-1428. FINANCIAL RESPONSIBILITY. (1) It shall be unlawful for any per- 26 son to operate a motor vehicle upon highways without a valid policy of liabil- 27 ity insurance in full force and effect in an amount not less than that pro- 28 vided in section 49-117, Idaho Code, or unless the person has been issued a 29 certificate of self-insurance pursuant to section 49-1224, Idaho Code, or has 30 previously posted an indemnity bond with the director of insurance as provided 31 in section 49-1229, Idaho Code. 32 (2) It is an infraction punishable by a fine of seventy-five dollars 33 ($75.00) for any person to violate the provisions of this section for the 34 first time. A second and any subsequent conviction of a violation of the pro- 35 visions of this section or the provisions of section 49-1229 or 49-1232, 36 Idaho Code, within five (5) years shall be a misdemeanor, punishable by 37 a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the 38 county jail not exceeding six (6) months, or both. The department shall 39 notify any person convicted of a violation of this section of the penalties 40 which may be imposed for a second and any subsequent conviction. 41 SECTION 21. That Section 49-2444, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 49-2444. IDENTIFICATION CARD ISSUED. (1) The department shall issue an 44 identification card which shall set forth the information contained in the 45 application, in a form as prescribed by the department. All identification 46 cards issued on or after January 1, 1993, shall not contain the applicant's 47 social security number. An applicant's social security number shall be exempt 48 from disclosure except for inquiries from agencies or institutions authorized 49 to obtain such information by federal law or regulation, from peace officers 50 or from jury commissioners. Each card shall be issued a distinguishing number 51 and shall bear upon it a color photograph of the applicant which shall be 24 1 taken by the examiner at the time of application. The photograph shall be 2 taken without headgear or other clothing or device that disguises or otherwise 3 conceals the face or head of the applicant. A waiver may be granted by the 4 department allowing the applicant to wear headgear or other head covering for 5 medical, religious or safety purposes so long as the face is not disguised or 6 otherwise concealed. No person shall receive an identification card unless and 7 until he surrenders to the department all identification cards in his posses- 8 sion issued to him by Idaho or any other jurisdiction, or any driver's 9 license issued by any other jurisdiction within the United States, or 10 until he executes an affidavit that he does not possess an identification card 11 or any driver's license . A notation of "under 21 until (month, 12 day, year)" and any other distinguishing printing of the words "under 21" on 13 the identification card shall be made if applicable. The nonrefundable fee for 14 an identification card shall be seven dollars and fifty cents ($7.50) of which 15 five dollars ($5.00) shall be retained by the county and credited to the cur- 16 rent expense fund, and two dollars and fifty cents ($2.50) shall be deposited 17 in the state treasury to the credit of the highway distribution account. Every 18 identification card shall expire on the cardholder's birthday in the fourth 19 year following issuance of the card. 20 (2) Every identification card shall be renewable on or before its expira- 21 tion, but not more than twelve (12) months before, and upon application and 22 payment of the required fee. 23 (3) When an identification card has been expired for less than twelve 24 (12) months, the renewal of the identification card shall start from the orig- 25 inal date of expiration regardless of the year in which the application for 26 renewal is made. If the identification card is expired for more than twelve 27 (12) months, the application shall expire on the applicant's birthday in the 28 fourth year following issuance of the identification card. 29 (4) A person possessing an identification card desiring to donate any or 30 all organs or tissue in the event of death, pursuant to the provisions for 31 donation of anatomical gifts as set forth in chapter 34, title 39, Idaho Code, 32 at the option of the donor may indicate this desire on the identification card 33 by the imprinting of the word "donor" on the identification card. 34 (5) In the case of a name change, the applicant shall provide legal docu- 35 mentation to verify the change in accordance with department rules. 36 (6) Whenever any person, after applying for or receiving an identifica- 37 tion card, shall move from the address shown on the application or on the 38 identification card issued, that person shall, withinfourteen39 thirty (1430 ) days, notify the trans- 40 portation department in writing of the old and new addresses. 41 (7) The department shall cancel any identification card upon determining 42 that the person was not entitled to the issuance of the identification card, 43 or that the person failed to give the required and correct information in his 44 application or committed fraud in making the application. Upon cancellation, 45 the person shall surrender the cancelled identification card to the depart- 46 ment. 47 (8) If any person shall fail to return to the department the identifica- 48 tion card as required, the department may direct any peace officer to secure 49 its possession and return the identification card to the department.
STATEMENT OF PURPOSE
RS08463
The purpose of this legislation is to amend driver-related Idaho
Code sections to match current DMV practices, and to correct other
conflicting sections of Code.
FISCAL IMPACT
This legislation has no fiscal impact; it is for clarification of
current practices and procedures.
CONTACT
Name: Jane Caviness
Agency: Idaho Transportation Department
Phone: 334-8700
Statement of Purpose/Fiscal Impact S105