1999 Legislation
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SENATE BILL NO. 1170 – Driver license/ID card, SSN

SENATE BILL NO. 1170

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Daily Data Tracking History



S1170.....................................................by TRANSPORTATION
DRIVER'S LICENSE - IDENTIFICATION CARDS - Amends existing law to clarify
the requirement to provide a social security number on an application for a
driver's license, identification card or instruction permit.

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 - 31-0-4
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Riggs,
      Risch, Sandy, Schroeder, Stegner, Stennett, Thorne, Twiggs, Wheeler,
      Whitworth
      NAYS--None
      Absent and excused--Branch, Parry, Richardson, Sorensen
    Floor Sponsor - Wheeler
    Title apvd - to House
03/04    House intro - 1st rdg - to Transp
03/17    Rpt out - rec d/p - to 2nd rdg
03/18    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 64-0-6
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Geddes, Hadley, Hammond,
      Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kendell,
      Kunz, Lake, Limbaugh, Linford, Loertscher, Mader, Marley, McKague,
      Meyer(Duncan), Montgomery, Mortensen, Moyle, Pischner, Pomeroy,
      Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith,
      Smylie, Stevenson, Stoicheff, Stone, Taylor, Tippets, Trail, Watson,
      Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Deal, Gould, Hansen(29), Kempton, Tilman,
      Williams
    Floor Sponsor - Bruneel
    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 319
         Effective: 03/24/99

Bill Text


S1170


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

                                      IN THE SENATE

                                   SENATE BILL NO. 1170

                               BY TRANSPORTATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO APPLICATIONS  FOR  DRIVER'S  LICENSES,  IDENTIFICATION  CARDS  AND
 3        INSTRUCTION  PERMITS;  AMENDING SECTION 49-306, IDAHO CODE, TO CLARIFY THE
 4        REQUIREMENTS FOR PROVIDING A SOCIAL SECURITY NUMBER ON AN APPLICATION  FOR
 5        A  DRIVER'S  LICENSE OR AN INSTRUCTION PERMIT AND TO MAKE A TECHNICAL COR-
 6        RECTION; AMENDING SECTION 49-2443, IDAHO CODE, TO CLARIFY THE REQUIREMENTS
 7        FOR PROVIDING A SOCIAL SECURITY NUMBER ON AN APPLICATION FOR AN  IDENTIFI-
 8        CATION CARD AND TO CORRECT A CODIFIER'S ERROR; AND DECLARING AN EMERGENCY.

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

10        SECTION  1.  That  Section  49-306, Idaho Code, be, and the same is hereby
11    amended to read as follows:

12        49-306.  APPLICATION FOR DRIVER'S LICENSE OR INSTRUCTION PERMIT. (1) Every
13    application for an instruction permit or for a driver's license shall be  made
14    upon a form furnished by the department and shall be verified by the applicant
15    before  a person authorized to administer oaths. Officers and employees of the
16    department and sheriffs and their deputies are authorized  to  administer  the
17    oaths  without  charge.  Every application for a permit, extension or driver's
18    license shall be accompanied by the following fee, none of  which  is  refund-
19    able:
20        (a)  Class A, B, C license with endorsements ...................... $24.50
21        (b)  Class D license .............................................. $20.50
22        (c)  Class A, B, C instruction permit ............................. $15.50
23        (d)  Class D instruction permit ................................... $11.50
24        (e)  Duplicate  driver's  license  or  permit issued under section 49-318,
25        Idaho Code ........................................................ $11.50
26        (f)  Driver's license extension issued under section 49-319,  Idaho  Code
27        ................................................................... $ 6.50
28        (g)  License classification change (upgrade) ...................... $15.50
29        (h)  Endorsement addition ......................................... $11.50
30        (i)  Class A, B, C skills tests ..................... not more than $55.00
31        (j)  Class D skills test .......................................... $15.00
32        (k)  Motorcycle endorsement skills test ............................$ 5.00
33        (l)  Knowledge test ............................................... $ 3.00
34        (m)  Seasonal driver's license..................................... $23.50
35        (n)  One time motorcycle "M" endorsement .......................... $11.50
36        (o)  Motorcycle endorsement instruction permit .................... $11.50
37        (p)  Restricted driving permit .................................... $35.00
38        (2)  Every application shall state the full name, date of birth, place  of
39    birth,  sex, Idaho residence address and mailing address, if different, of the
40    applicant, height, weight, hair color, and  eye  color,  and  the  applicant's
41    social  security number as verified by the applicant's social security card or
42    by the social security administration.
43         (a)  The requirement that an applicant  provide  a  social  security


                                         2

 1        number  as  verified by his social security card or by the social security
 2        administration shall apply only to applicants who  have  been  assigned  a
 3        social security number.
 4     
 5         (b)  An applicant who has not been assigned a social security number
 6        shall:
 7     
 8               (i)   Present  written  verification  from the social security
 9             administration that the applicant has  not  been  assigned  a  social
10             security number; and
11     
12              (ii)  Submit a birth certificate, passport or other documentary
13             evidence issued by an entity other than a state or the United States;
14             and
15     
16               (iii) Submit such proof as the department may require that the
17             applicant is lawfully present in the United States. 
18        A driver's license or instruction permit issued on and  after  January  1,
19    1993, shall not contain an applicant's social security number. Applications on
20    file  shall  be  exempt from disclosure except as provided in sections 49-202,
21    49-203, 49-203A and 49-204, Idaho Code.
22        Every application shall also state whether the  applicant  has  previously
23    been  licensed  as a driver, and if so, when and by what state or country, and
24    whether a driver's license or privileges have ever  been  suspended,  revoked,
25    denied,  disqualified,  cancelled  or  whether  an  application  has ever been
26    refused, and if so, the date of and reason  for  the  suspension,  revocation,
27    denial,  disqualification,  cancellation  or  refusal and the applicant's oath
28    that all information is correct as signified by the applicant's signature.
29        The applicant may be required to submit proof  of  identity  and  date  of
30    birth as set forth in a certified copy of his birth certificate and other sat-
31    isfactory evidence to satisfy the issuing officer or the department.
32        (3)  Whenever an application is received from a person previously licensed
33    in  another  jurisdiction, the department shall request a copy of the driver's
34    record from the other jurisdiction and shall contact the national driver  reg-
35    ister. When received, the driver's record from the previous jurisdiction shall
36    become  a  part  of  the driver's record in this state with the same force and
37    effect as though entered on the driver's record in this state in the  original
38    instance.
39        (4)  Whenever the department receives a request for a driver's record from
40    another licensing jurisdiction, the record shall be forwarded without charge.
41        (5)  The department shall contact and notify the commercial driver license
42    information  system of the proposed application for a class A, B or C driver's
43    license to insure identification of the person  and  to  obtain  clearance  to
44    issue the license.
45        (6)  When  the  fees required under this section are collected by a county
46    officer, they shall be paid over to the county treasurer not less  often  than
47    monthly, who shall immediately:
48        (a)  Deposit  an  amount  equal to five dollars ($5.00) from each driver's
49        license or instruction permit application fees, application for  a  dupli-
50        cate  driver's license or permit, classification change, seasonal driver's
51        license and additional endorsement in the current expense fund; and
52        (b)  Deposit two dollars and fifty  cents  ($2.50)  from  each  motorcycle
53        endorsement  and motorcycle endorsement instruction permit fee in the cur-
54        rent expense fund; and
55        (c)  Deposit an amount equal to three dollars ($3.00) from each fee for  a


                                         3

 1        knowledge test in the current expense fund; and
 2        (d)  Deposit  an  amount equal to five dollars ($5.00) from each fee for a
 3        motorcycle endorsement skills test in the current expense  fund;  provided
 4        however,  if a contractor administers the skills test he shall be entitled
 5        to the five dollar ($5.00) fee;
 6        (e)  Remit the remainder to the state treasurer; and
 7        (f)  Deposit eleven dollars and fifty cents ($11.50) from each fee  for  a
 8        class  D skills test into the county current expense fund, unless the test
 9        is administered by a department-approved contractor,  in  which  case  the
10        contractor shall be entitled to eleven dollars and fifty cents ($11.50) of
11        each fee.
12        (7)  When  the  fees  required under this section are collected by a state
13    officer or agency, they shall be paid over to the state treasurer.
14        (8)  The state treasurer shall distribute the moneys  received  from  fees
15    imposed by the provisions of this section, whether collected by a county offi-
16    cer or by a state officer or agency as follows:
17        (a)  Two  dollars  ($2.00)  of each fee for a driver's license or seasonal
18        driver's license shall be deposited  in  the  emergency  medical  services
19        account II created in section 39-146A, Idaho Code; and
20        (b)  Sixteen  dollars  and fifty cents ($16.50) of each fee for a seasonal
21        or class A, B, or C driver's license shall be deposited in the state high-
22        way 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 shall be deposited in the driver training account; and
35        (g)  Seven  dollars  and  twenty  cents  ($7.20) of each fee for a class D
36        driver's license shall be deposited in the highway  distribution  account;
37        and
38        (h)  Two  dollars  and  sixty  cents  ($2.60)  of  each  fee for a class D
39        instruction permit, duplicate class D  license  or  permit,  and  class  D
40        license extension shall be deposited in the driver training account; and
41        (i)  Three  dollars  and  ninety  cents  ($3.90) 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 highway distribution account;
44        and
45        (j)  Five dollars ($5.00) of each fee for a class A, B, or C  skills  test
46        shall be deposited in the state highway account; and
47        (k)  One  dollar  ($1.00)  of  each  fee for a class A, B, C or D driver's
48        license shall be deposited in the motorcycle safety  program  fund  estab-
49        lished in section 33-4904, Idaho Code .  ; and 
50        (l)  Three  dollars  and  fifty  cents  ($3.50)  of each fee for a class D
51        skills test shall be deposited into the state highway account.
52        (9)  The contractor administering a class A, B, or C skills test shall  be
53    entitled  to  not  more  than fifty dollars ($50.00) of the skills test fee. A
54    contractor administering a class A, B, or C skills test may collect  an  addi-
55    tional fee for the use of the contractor's vehicle for the skills test.


                                         4

 1        (10) Thirty-five  dollars ($35.00) of each restricted driving permit shall
 2    be deposited in the state highway account.
 3        (11) The department may issue seasonal class  B  or  C  driver's  licenses
 4    that:
 5        (a)  Will  only  be  valid  for  driving commercial vehicles that normally
 6        require class B or C commercial driver's licenses;
 7        (b)  Will be valid for seasonal periods that begin on the date of issuance
 8        and that are not to exceed one hundred eighty (180) days in a twelve  (12)
 9        month period;
10        (c)  May only be obtained twice in a driver's lifetime;
11        (d)  Are  valid  only  within a one hundred fifty (150) mile radius of the
12        place of business or farm being serviced; and
13        (e)  Will be valid only in conjunction with valid Idaho class  D  driver's
14        licenses.
15        (12) The  department  may issue seasonal class B or C driver's licenses to
16    drivers who:
17        (a)  Have not violated the single license provisions of 49 CFR part 383;
18        (b)  Have not had any license suspensions, revocations or cancellations;
19        (c)  Have not had any convictions in any vehicle for any offense listed in
20        section 49-335(1) or 49-335(2), Idaho Code, or any one (1) serious traffic
21        offense;
22        (d)  Have at least one (1) year of driving experience with a  class  D  or
23        equivalent license in any type motor vehicle; and
24        (e)  Are at least sixteen (16) years old.

25        SECTION  2.  That  Section 49-2443, Idaho Code, be, and the same is hereby
26    amended to read as follows:

27        49-2443.  APPLICATION. Application for an identification card must be made
28    in person before an examiner authorized by the department  to  issue  driver's
29    licenses. The examiner shall obtain the following from the applicant:
30        (1)  The  true  and  full  name  and  Idaho  residence address and mailing
31    address, if different, of the applicant;
32        (2)  The identity and date  and place  of birth of  the  appli-
33    cant as set forth in a certified copy of his birth certificate and, subject to
34    subsection  ( 7  6 ) of this section, other satisfactory
35    evidence of identity acceptable to the examiner or the department;
36        (3)  The height and weight of the applicant;
37        (4)  The color of eyes and hair of the applicant;
38        (5)  Applicant's signature; and
39        (6)  The applicant's social security number as verified by the applicant's
40    social security card or by the social security administration.
41         (a)  The requirement that an applicant  provide  a  social  security
42        number  as  verified by his social security card or by the social security
43        administration shall apply only to applicants who  have  been  assigned  a
44        social security number.
45     
46         (b)  An applicant who has not been assigned a social security number
47        shall:
48     
49               (i)   Present  written  verification  from the social security
50             administration that the applicant has  not  been  assigned  a  social
51             security number; and
52     
53              (ii)  Submit a birth certificate, passport or other documentary


                                         5

 1             evidence issued by an entity other than a state or the United States;
 2             and
 3     
 4               (iii) Submit such proof as the department may require that the
 5             applicant is lawfully present in the United States. 
 6         (7)  An applicant who has no photo identification or other secondary
 7    identification document satisfactory to the department as acceptable to verify
 8    identity shall be eligible to receive an identification card upon presentation
 9    of a certified copy of his birth certificate and either a social security card
10    or current medicaid card. 

11        SECTION 3.  An emergency existing  therefor,  which  emergency  is  hereby
12    declared to exist, this act shall be in full force and effect on and after its
13    passage and approval.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                            RS08852Cl

Currently a social security number or verification that a
person has been assigned such by the Social Security
Administration is the only identification that can be used to
file an application for a drivers license.

There are many persons (legal residents on visa, exchange
students, spouses and children of workers, and migrants with
credentials) who do not have social security numbers issued to
them.

The Dept. of Transportation has adopted rules to allow these
special cases to file license applications. Their motives are
not questioned, but this legislation should be passed to
contain the same language used in the rules.

                                 
                                 
                                 
                                 
                           FISCAL NOTE

No expenditures necessary to implement this change.








CONTACT: Sen. "Moon" Wheeler 332-1409



STATEMENT OF PURPOSE/ FISCAL NOTE     S1170