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S1169.....................................................by TRANSPORTATION
DRIVER'S LICENSES - Amends existing law to provide for distinguishing
driver's licenses and identification cards for persons under eighteen years
of age and for persons eighteen to twenty-one years of age.
02/12 Senate intro - 1st rdg - to printing
02/15 Rpt prt - to Transp
02/26 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 32-0-3
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth
NAYS--None
Absent and excused--Branch, Parry, Twiggs
Floor Sponsor - Frasure
Title apvd - to House
03/04 House intro - 1st rdg - to Transp
03/19 Rpt out - rec d/p - to 2nd rdg
Rules susp - PASSED - 55-3-12
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
Denney, Field(13), Field(20), Geddes, Gould, Hadley, Hammond,
Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Marley, McKague,
Meyer(Duncan), Montgomery, Pischner, Pomeroy, Reynolds, Ringo, Sali,
Schaefer, Sellman, Smith, Smylie, Stone, Taylor, Tippets, Wheeler,
Wood, Zimmermann, Mr Speaker
NAYS -- Gagner, Moyle, Stoicheff
Absent and excused -- Ellsworth, Linford, Loertscher, Mader,
Mortensen, Ridinger, Robison, Stevenson, Tilman, Trail, Watson,
Williams
Floor Sponsor - Kunz
Title apvd - to Senate - to enrol
03/22 Rpt enrol - Pres signed - Sp signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 318
Effective: 01/01/2001
S1169|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1169 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO MOTOR VEHICLE DRIVER'S LICENSES AND IDENTIFICATION CARDS; AMENDING 3 SECTION 49-306, IDAHO CODE, TO PROVIDE FEES FOR DRIVER'S LICENSES ISSUED 4 BY AGE OF DRIVER, TO PROVIDE FOR DISTRIBUTION OF FEES FOR SUCH DRIVER'S 5 LICENSES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-315, IDAHO 6 CODE, TO PROVIDE DISTINGUISHING DRIVER'S LICENSES FOR PERSONS UNDER EIGH- 7 TEEN YEARS OF AGE AND FOR DRIVERS EIGHTEEN TO TWENTY-ONE YEARS OF AGE; 8 AMENDING SECTION 49-319, IDAHO CODE, TO PROVIDE FOR EXPIRATION AND RENEWAL 9 OF DRIVER'S LICENSES ISSUED TO DRIVERS UNDER EIGHTEEN YEARS OF AGE AND TO 10 DRIVERS EIGHTEEN TO TWENTY-ONE YEARS OF AGE; AMENDING SECTION 49-2444, 11 IDAHO CODE, TO PROVIDE FOR ISSUANCE, EXPIRATION, RENEWAL AND FEES FOR 12 IDENTIFICATION CARDS FOR PERSONS UNDER EIGHTEEN YEARS OF AGE AND FOR PER- 13 SONS EIGHTEEN TO TWENTY-ONE YEARS OF AGE; AND PROVIDING AN EFFECTIVE DATE. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 49-306, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 49-306. APPLICATION FOR DRIVER'S LICENSE OR INSTRUCTION PERMIT. (1) Every 18 application for an instruction permit or for a driver's license shall be made 19 upon a form furnished by the department and shall be verified by the applicant 20 before a person authorized to administer oaths. Officers and employees of the 21 department and sheriffs and their deputies are authorized to administer the 22 oaths without charge. Every application for a permit, extension or driver's 23 license shall be accompanied by the following fee, none of which is refund- 24 able: 25 (a) Class A, B, C license with endorsements - 21 years and 26 older ...................................................... $24.50 27 (b) Class A, B, C license with endorsements - under 21 years 28 ............................................................ $17.50 29 (c) Class D license - under 18 years ................ $17.50 30 (d) Class D license - 18 to 21 years ................ $17.50 31 (e) Class D license - 21 years and older 32 ................................................................... $20.50 33 (cf ) Class A, B, C instruction permit .. $15.50 34 (dg ) Class D instruction permit ........ $11.50 35 (eh ) Duplicate driver's license or permit 36 issued under section 49-318, Idaho Code ........................... $11.50 37 (fi ) Driver's license extension issued under 38 section 49-319, Idaho Code ...................................... $ 6.50 39 (gj ) License classification change (upgrade) 40 ................................................................... $15.50 41 (hk ) Endorsement addition .............. $11.50 42 (il ) Class A, B, C skills tests . not more than 43 $55.00 2 1 (jm ) Class D skills test ............... $15.00 2 (kn ) Motorcycle endorsement skills test ..... $ 3 5.00 4 (lo ) Knowledge test .................... $ 3.00 5 (mp ) Seasonal driver's license ......... $23.50 6 (nq ) One time motorcycle "M" endorsement 7 ................................................................... $11.50 8 (or ) Motorcycle endorsement instruction permit 9 ................................................................... $11.50 10 (ps ) Restricted driving permit ......... $35.00 11 (2) Every application shall state the full name, date of birth, place of 12 birth, sex, Idaho residence address and mailing address, if different, of the 13 applicant, height, weight, hair color, and eye color, and the applicant's 14 social security number as verified by the applicant's social security card or 15 by the social security administration. A driver's license or instruction per- 16 mit issued on and after January 1, 1993, shall not contain an applicant's 17 social security number. Applications on file shall be exempt from disclosure 18 except as provided in sections 49-202, 49-203, 49-203A and 49-204, Idaho Code. 19 Every application shall also state whether the applicant has previously been 20 licensed as a driver, and if so, when and by what state or country, and 21 whether a driver's license or privileges have ever been suspended, revoked, 22 denied, disqualified, cancelled or whether an application has ever been 23 refused, and if so, the date of and reason for the suspension, revocation, 24 denial, disqualification, cancellation or refusal and the applicant's oath 25 that all information is correct as signified by the applicant's signature. The 26 applicant may be required to submit proof of identity and date of birth as set 27 forth in a certified copy of his birth certificate and other satisfactory evi- 28 dence to satisfy the issuing officer or the department. 29 (3) Whenever an application is received from a person previously licensed 30 in another jurisdiction, the department shall request a copy of the driver's 31 record from the other jurisdiction and shall contact the national driver reg- 32 ister. When received, the driver's record from the previous jurisdiction shall 33 become a part of the driver's record in this state with the same force and 34 effect as though entered on the driver's record in this state in the original 35 instance. 36 (4) Whenever the department receives a request for a driver's record from 37 another licensing jurisdiction, the record shall be forwarded without charge. 38 (5) The department shall contact and notify the commercial driver license 39 information system of the proposed application for a class A, B or C driver's 40 license to insure identification of the person and to obtain clearance to 41 issue the license. 42 (6) When the fees required under this section are collected by a county 43 officer, they shall be paid over to the county treasurer not less often than 44 monthly, who shall immediately: 45 (a) Deposit an amount equal to five dollars ($5.00) from each driver's 46 license or instruction permit application fees, application for a dupli- 47 cate driver's license or permit, classification change, seasonal driver's 48 license and additional endorsement in the current expense fund; and 49 (b) Deposit two dollars and fifty cents ($2.50) from each motorcycle 50 endorsement and motorcycle endorsement instruction permit fee in the cur- 51 rent expense fund; and 52 (c) Deposit an amount equal to three dollars ($3.00) from each fee for a 53 knowledge test in the current expense fund; and 54 (d) Deposit an amount equal to five dollars ($5.00) from each fee for a 55 motorcycle endorsement skills test in the current expense fund; provided 3 1 however, if a contractor administers the skills test he shall be entitled 2 to the five dollar ($5.00) fee; and 3 (e) Remit the remainder to the state treasurer; and 4 (f) Deposit eleven dollars and fifty cents ($11.50) from each fee for a 5 class D skills test into the county current expense fund, unless the test 6 is administered by a department-approved contractor, in which case the 7 contractor shall be entitled to eleven dollars and fifty cents ($11.50) of 8 each fee. 9 (7) When the fees required under this section are collected by a state 10 officer or agency, they shall be paid over to the state treasurer. 11 (8) The state treasurer shall distribute the moneys received from fees 12 imposed by the provisions of this section, whether collected by a county offi- 13 cer or by a state officer or agency as follows: 14 (a) Two dollars ($2.00) of each fee for a driver's license or seasonal 15 driver's license , and one dollar and fifty cents ($1.50) of each fee 16 charged for driver's licenses pursuant to subsections (1)(b), (c) and (d) 17 of this section, shall be deposited in the emergency medical ser- 18 vices account II created in section 39-146A, Idaho Code; and 19 (b) Sixteen dollars and fifty cents ($16.50) of each fee for a seasonal 20 or class A, B, or C driver's license , and ten dollars ($10.00) of 21 each fee charged for a license pursuant to subsection (1)(b) of this sec- 22 tion, shall be deposited in the state highway account; and 23 (c) Ten dollars and fifty cents ($10.50) of each fee for a class A, B, or 24 C instruction permit or driver's license classification change shall be 25 deposited in the state highway account; and 26 (d) Six dollars and fifty cents ($6.50) of each fee for a duplicate sea- 27 sonal or class A, B, or C driver's license, class A, B, or C driver's 28 license extension, or additional endorsement shall be deposited in the 29 state highway account; and 30 (e) Four dollars ($4.00) of each fee for a motorcycle endorsement and 31 motorcycle endorsement instruction permit shall be deposited in the state 32 highway account; and 33 (f) Five dollars and thirty cents ($5.30) of each fee for a class D 34 driver's license , and four dollars ($4.00) of each fee charged for a 35 license pursuant to subsections (1)(c) and (d) of this section, 36 shall be deposited in the driver training account; and 37 (g) Seven dollars and twenty cents ($7.20) of each fee for a class D 38 driver's license , and six dollars ($6.00) of each fee charged for a 39 license pursuant to subsections (1)(c) and (d) of this section, 40 shall be deposited in the highway distribution account; and 41 (h) Two dollars and sixty cents ($2.60) of each fee for a class D 42 instruction permit, duplicate class D license or permit, and class D 43 license extension shall be deposited in the driver training account; and 44 (i) Three dollars and ninety cents ($3.90) of each fee for a class D 45 instruction permit, duplicate class D license or permit, and class D 46 license extension shall be deposited in the highway distribution account; 47 and 48 (j) Five dollars ($5.00) of each fee for a class A, B, or C skills test 49 shall be deposited in the state highway account; and 50 (k) One dollar ($1.00) of each fee for a class A, B, C or D driver's 51 license , and one dollar ($1.00) of each fee charged for a license 52 pursuant to subsections (1)(b), (c) and (d) of this section, shall 53 be deposited in the motorcycle safety program fund established in section 54 33-4904, Idaho Code.; and 55 (l) Three dollars and fifty cents ($3.50) of each fee for a class D 4 1 skills test shall be deposited into the state highway account. 2 (9) The contractor administering a class A, B, or C skills test shall be 3 entitled to not more than fifty dollars ($50.00) of the skills test fee. A 4 contractor administering a class A, B, or C skills test may collect an addi- 5 tional fee for the use of the contractor's vehicle for the skills test. 6 (10) Thirty-five dollars ($35.00) of each restricted driving permit shall 7 be deposited in the state highway account. 8 (11) The department may issue seasonal class B or C driver's licenses 9 that: 10 (a) Will only be valid for driving commercial vehicles that normally 11 require class B or C commercial driver's licenses; 12 (b) Will be valid for seasonal periods that begin on the date of issuance 13 and that are not to exceed one hundred eighty (180) days in a twelve (12) 14 month period; 15 (c) May only be obtained twice in a driver's lifetime; 16 (d) Are valid only within a one hundred fifty (150) mile radius of the 17 place of business or farm being serviced; and 18 (e) Will be valid only in conjunction with valid Idaho class D driver's 19 licenses. 20 (12) The department may issue seasonal class B or C driver's licenses to 21 drivers who: 22 (a) Have not violated the single license provisions of 49 CFR part 383; 23 (b) Have not had any license suspensions, revocations or cancellations; 24 (c) Have not had any convictions in any vehicle for any offense listed in 25 section 49-335(1) or49-335(2), Idaho Code, or any one (1) 26 serious traffic offense; 27 (d) Have at least one (1) year of driving experience with a class D or 28 equivalent license in any type motor vehicle; and 29 (e) Are at least sixteen (16) years old. 30 SECTION 2. That Section 49-315, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 49-315. LICENSES ISSUED TO DRIVERS. (1) The department shall issue to 33 every qualifying applicant a distinguishing driver's license as 34 applied for, which shall bear a distinguishing number assigned to the licen- 35 see, the full name, date of birth, Idaho residence address, sex, weight, 36 height, eye color, hair color, color photograph, name of this state, date of 37 issuance, date of expiration, license class, endorsements, restrictions , 38and "under 21 until (month, day, year)", and any other distin-39guishing printing of the words "under 21" on the license, if applicable,40and the applicant's signature. Driver's licenses for persons 41 under eighteen (18) years of age shall include a notation "under 18 until 42 (month, day, year)," and driver's licenses for persons eighteen (18) years of 43 age to twenty-one (21) years of age shall include a notation "under 21 until 44 (month, day, year)." No driver's license shall be valid until it has 45 been signed on the signature line of the license by the licensee. 46 (2) Every driver's license shall bear a color photograph of the licensee, 47 which shall be taken by the examiner at the time the application is made. The 48 photograph shall be taken without headgear or other clothing or device that 49 disguises or otherwise conceals the face or head of the applicant. A waiver 50 may be granted by the department allowing the applicant to wear headgear or 51 other head covering for medical, religious or safety purposes so long as the 52 face is not disguised or otherwise concealed. A driver's license may contain a 53 statement or indication of the medical condition of the licensee. 5 1 (3) The department shall notify the commercial driver license information 2 system that a class A, B or C driver's license has been issued as required by 3 49 CFR part 383. 4 (4) A licensee desiring to donate any or all organs or tissue in the 5 event of death, pursuant to the provisions for donation of anatomical gifts as 6 set forth in chapter 34, title 39, Idaho Code, at the option of the donor may 7 indicate this desire on the driver's license by the imprinting of the word 8 "donor" on the license. 9 SECTION 3. That Section 49-319, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 49-319. EXPIRATION AND RENEWAL OF DRIVER'S LICENSE. (1) Every Idaho 12 driver's license issued to a driver twenty-one (21) years of age or 13 older shall expire on the licensee's birthday in the fourth year fol- 14 lowing the issuance of the driver's license. Every driver's license 15 issued to a driver under eighteen (18) years of age shall expire on the 16 licensee's eighteenth birthday. Every driver's license issued to a driver 17 eighteen (18) years of age but under twenty-one (21) years of age shall expire 18 on the licensee's twenty-first birthday. Every driver's license that is 19 not, as provided by law, suspended, revoked or disqualified in this state or 20 any other jurisdiction shall be renewable on or before its expiration, 21 except those issued to drivers under twenty-one (21) years of age, but 22 not more than twelve (12) months before, upon application, payment of the 23 required fee, and satisfactory completion of the required eyesight examina- 24 tion. No knowledge test shall be required for renewal of a driver's license, 25 except for renewal of a hazardous material endorsement. Appropriate knowledge 26 and skill tests shall be required for an upgrade in a driver's license class 27 or an endorsement addition. In the case of a name change, the applicant shall 28 provide legal documentation to verify the change in accordance with department 29 rules. 30 (2) When a driver's license has been expired for less than twelve (12) 31 months, the renewal of the driver's license shall start from the original date 32 of expiration regardless of the year in which the application for renewal is 33 made. If the driver's license is expired for twelve (12) months or more, the 34 applicant shall be required to take the knowledge, skills and vision test and 35 the application shall expire on the licensee's birthday in the fourth year 36 following issuance of the driver's license. 37 (3) (a) If a driver's license has expired or will expire and the licensee 38 is temporarily out-of-state except on active military duty, and the 39 driver's license has not, as provided by law, been suspended, revoked, 40 cancelled, denied, refused or disqualified, the licensee may request in 41 writing on a form prescribed by the department an extension of the 42 driver's license. The request shall be accompanied by the fee fixed in 43 section 49-306, Idaho Code, and the extension shall be less than a twelve 44 (12) month period. If the department determines that an extension of the 45 driver's license is necessary, it may issue a certificate of extension 46 showing the date to which the expired driver's license is extended, and 47 this certificate shall be attached to the expired driver's license. Cer- 48 tificates of extension are limited toonetwo 49 (12 ) per licensee. 50 (b) Upon returning to the state of Idaho, the licensee shall within ten 51 (10) days, apply for a renewal of the expired driver's license and surren- 52 der the certificate of extension and the expired driver's license. 53 (c) A hazardous material endorsement cannot be extended. 6 1 (4) An Idaho driver's license issued to any person prior to serving on 2 active duty in the armed forces of the United States, or a member of the imme- 3 diate family accompanying such a person, if valid and in full force and effect 4 upon entering active duty, shall remain in full force and effect and shall, 5 upon application, be extended for a period of four (4) years so long as active 6 duty continues, if the driver's license is not suspended, denied, disquali- 7 fied, cancelled or revoked, as provided by law, during the active duty, and 8 the driver's license shall remain in full force and effect sixty (60) days 9 following the date the holder is released from active duty. 10 (5) The department may use a mail renewal process for class D licenses 11 based on criteria established by rule. 12 (6) A seasonal driver's license is only valid for a one hundred eighty 13 (180) day period from the date of issuance. Only one (1) seasonal driver's 14 license may be obtained in any twelve (12) month period, and may only be 15 obtained twice in a driver's lifetime. 16 SECTION 4. That Section 49-2444, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 49-2444. IDENTIFICATION CARD ISSUED. (1) The department shall issue 19 andistinguishing identification card which shall 20 set forth the information contained in the application, in a form as pre- 21 scribed by the department. All identification cards issued on or after January 22 1, 1993, shall not contain the applicant's social security number. An 23 applicant's social security number shall be exempt from disclosure except for 24 inquiries from agencies or institutions authorized to obtain such information 25 by federal law or regulation, from peace officers or from jury commissioners. 26 Each card shall be issued a distinguishing number and shall bear upon it a 27 color photograph of the applicant which shall be taken by the examiner at the 28 time of application. The photograph shall be taken without headgear or other 29 clothing or device that disguises or otherwise conceals the face or head of 30 the applicant. A waiver may be granted by the department allowing the appli- 31 cant to wear headgear or other head covering for medical, religious or safety 32 purposes so long as the face is not disguised or otherwise concealed. No per- 33 son shall receive an identification card unless and until he surrenders to the 34 department all identification cards in his possession issued to him by Idaho 35 or any other jurisdiction, or until he executes an affidavit that he does not 36 possess an identification card.A notation of "under 21 until (month,37day, year)" and any other distinguishing printing of the words "under 21" on38the identification card shall be made if applicable.Identifica- 39 tion cards issued to persons under eighteen (18) years of age shall include a 40 notation "under 18 until (month, day, year)," and identification cards issued 41 to persons eighteen (18) years of age to twenty-one (21) years of age shall 42 include a notation "under 21 until (month, day, year)." The nonrefund- 43 able fee for an identification card issued to persons twenty-one (21) 44 years of age or older shall be seven dollars and fifty cents ($7.50) of 45 which five dollars ($5.00) shall be retained by the county and credited to the 46 current expense fund, and two dollars and fifty cents ($2.50) shall be depos- 47 ited in the state treasury to the credit of the highway distribution account. 48 The nonrefundable fee for identification cards issued to persons under 49 twenty-one (21) years of age shall be six dollars and fifty cents ($6.50), of 50 which five dollars ($5.00) shall be retained by the county and credited to the 51 current expense fund, and one dollar and fifty cents ($1.50) shall be depos- 52 ited in the state treasury to the credit of the highway distribution account. 53 Every identification card issued to a person twenty-one (21) 7 1 years of age or older shall expire on the cardholder's birthday in the 2 fourth year following issuance of the card. Every identification card 3 issued to a person under eighteen (18) years of age shall expire on the 4 person's eighteenth birthday. Every identification card issued to a person 5 eighteen (18) years of age but under twenty-one (21) years of age shall expire 6 on the person's twenty-first birthday. 7 (2) Every identification card , except those issued to persons under 8 twenty-one (21) years of age, shall be renewable on or before its expi- 9 ration, but not more than twelve (12) months before, and upon application and 10 payment of the required fee. 11 (3) When an identification card has been expired for less than twelve 12 (12) months, the renewal of the identification card shall start from the orig- 13 inal date of expiration regardless of the year in which the application for 14 renewal is made. If the identification card is expired for more than twelve 15 (12) months, the application shall expire on the applicant's birthday in the 16 fourth year following issuance of the identification card. 17 (4) A person possessing an identification card desiring to donate any or 18 all organs or tissue in the event of death, pursuant to the provisions for 19 donation of anatomical gifts as set forth in chapter 34, title 39, Idaho Code, 20 at the option of the donor may indicate this desire on the identification card 21 by the imprinting of the word "donor" on the identification card. 22 (5) In the case of a name change, the applicant shall provide legal docu- 23 mentation to verify the change in accordance with department rules. 24 (6) Whenever any person, after applying for or receiving an identifica- 25 tion card, shall move from the address shown on the application or on the 26 identification card issued, that person shall, within fourteen (14) days, 27 notify the transportation department in writing of the old and new addresses. 28 (7) The department shall cancel any identification card upon determining 29 that the person was not entitled to the issuance of the identification card, 30 or that the person failed to give the required and correct information in his 31 application or committed fraud in making the application. Upon cancellation, 32 the person shall surrender the cancelled identification card to the depart- 33 ment. 34 (8) If any person shall fail to return to the department the identifica- 35 tion card as required, the department may direct any peace officer to secure 36 its possession and return the identification card to the department. 37 SECTION 5. This act shall be in full force and effect on and after Janu- 38 ary 1, 2001.
STATEMENT OF PURPOSE
RS09046
This legislation creates distinct driver's licenses for youth 15-18, and young adults 18-21.
FISCAL NOTE
The Idaho Transportation Departments automated computer system will
require program modifications. An estimate for a one-time
contractor cost to modify the required programs could be $13,000.
CONTACT: Senator Evan Frasure
Phone: 332-1315
STATEMENT OF PURPOSE/ FISCAL NOTE Sll69