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H0646aa.......................................by TRANSPORTATION AND DEFENSE
DRIVER'S LICENSE - Amends existing law to provide that the Idaho
Transportation Department shall not be prevented from issuing driving
privileges to an applicant whose driving privileges were previously
revoked, suspended or canceled in another jurisdiction if five or more
years have elapsed since the time of eligibility for reinstatement in the
other jurisdiction, even though the driver has not fulfilled the
requirements for reinstatement in the other jurisdiction.
02/21 House intro - 1st rdg - to printing
02/22 Rpt prt - to Transp
03/03 Rpt out - to Gen Ord
03/09 Rpt out amen - to engros
03/10 Rpt engros - 1st rdg - to 2nd rdg as amen
03/13 2nd rdg - to 3rd rdg as amen
03/14 3rd rdg as amen - PASSED - 60-1-9
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Chase, Cheirrett, Clark, Crow, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(29), Henbest, Hornbeck, Jaquet, Judd, Kellogg,
Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley,
McKague, Meyer, Montgomery, Moss, Moyle, Pearce, Pischner, Pomeroy,
Reynolds, Ridinger, Robison, Sali, Schaefer, Sellman, Shepherd,
Smylie, Stevenson, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann
NAYS -- Stoicheff
Absent and excused -- Campbell, Cuddy, Hansen(23), Jones, Mortensen,
Ringo, Smith, Stone, Mr Speaker
Floor Sponsor - Bieter
Title apvd - to Senate
03/15 Senate intro - 1st rdg as amen - to Transp
H0646
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 646, As Amended
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO WHAT PERSONS SHALL NOT BE ISSUED A MOTOR VEHICLE DRIVER'S LICENSE;
3 AMENDING SECTION 49-303, IDAHO CODE, TO PROVIDE THAT WHERE A DRIVER'S
4 LICENSE HAS BEEN REVOKED, SUSPENDED, CANCELED OR DISQUALIFIED IN ANY OTHER
5 JURISDICTION, AND THE DRIVER HAS COMPLETED THE PERIOD OF REVOCATION, SUS-
6 PENSION, CANCELLATION OR DISQUALIFICATION AS SPECIFIED BY THE JURISDIC-
7 TION, THAT PERSON MAY BE GRANTED A CLASS D DRIVER'S LICENSE IF FIVE YEARS
8 HAVE ELAPSED FROM THE TIME OF ELIGIBILITY FOR REINSTATEMENT IN THE OTHER
9 JURISDICTION EVEN THOUGH THE DRIVER HAS NOT FULFILLED THE REQUIREMENTS FOR
10 REINSTATEMENT IN THE OTHER JURISDICTION AND TO MAKE A TECHNICAL CORREC-
11 TION; AND DECLARING AN EMERGENCY.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 49-303, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 49-303. WHAT PERSONS SHALL NOT BE LICENSED. The department shall not
16 issue any driver's license, instruction permit, driver's training permit,
17 privileges or right to drive and if issued, may revoke or cancel the driver's
18 license of a person who:
19 (1) As an operator of a vehicle requiring a class D driver's license, is
20 under the age of seventeen (17) years, except that the department may issue a
21 driver's license to any person who has successfully completed an approved
22 driver training course and who is at least fifteen (15) years of age, with
23 driving privileges restricted to daylight hours only, and with full privileges
24 at sixteen (16) years of age. The restriction of daylight hours only shall
25 mean that period of time one-half (1/2) hour before sunrise to one-half (1/2)
26 hour after sunset.
27 (2) As an operator of a vehicle requiring a class D driver's license, is
28 under the age of seventeen (17) years and has not successfully completed an
29 approved driver training course.
30 (3) As an operator of a commercial vehicle requiring a class A, B or C
31 driver's license is under the age of eighteen (18) years.
32 (4) Applicants with less than one (1) year of driving experience, as evi-
33 denced by a previous driver's license shall not be issued a class A, B or C
34 driver's license.
35 (5) As a driver has had his license, instruction permit, driver training
36 permit, privileges or right to drive suspended for the duration of the suspen-
37 sion, nor to any person whose license has been revoked, suspended, cancelled
38 canceled or disqualified by this state or any other jurisdiction; provided
39 however, where a driver's license has been revoked, suspended, canceled or
40 disqualified in any other jurisdiction, and the driver has completed the
41 period of revocation, suspension, cancellation or disqualification as speci-
42 fied by the jurisdiction, that person may be granted a class D driver's
43 license in this state if five (5) years have elapsed from the time of eligi-
2
1 bility for reinstatement in the other jurisdiction, even though the driver has
2 not fulfilled the requirements for reinstatement in the other jurisdiction.
3 (6) Is an habitual drunkard, or is addicted to the use of narcotic drugs.
4 (7) Has previously been adjudged to be afflicted with or suffering from
5 any mental disability or disease and who has not at the time of application
6 been restored to competency by the methods provided by law.
7 (8) Is required by the provisions of this chapter to take an examination,
8 unless that person shall have successfully passed such examination.
9 (9) May be required under any law of this state to furnish proof of
10 financial responsibility and who has not furnished that proof.
11 (10) The department has good cause to believe that the operation of a
12 motor vehicle on the highways by that person would be harmful to public safety
13 or welfare.
14 (11) Is disqualified for a class A, B or C license, except he may be
15 issued a class D driver's license.
16 (12) Is under eighteen (18) years of age and is not enrolled in school,
17 has not received a waiver pursuant to or has not satisfactorily completed
18 school as provided in section 49-303A, Idaho Code.
19 (13) Is not a resident of the state of Idaho.
20 SECTION 2. An emergency existing therefor, which emergency is hereby
21 declared to exist, this act shall be in full force and effect on and after its
22 passage and approval.
AH0646
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Ringo
Seconded by Cuddy
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 646
1 AMENDMENT TO THE BILL
2 On page 2 of the printed bill, following line 11, insert:
3 "SECTION 2. An emergency existing therefor, which emergency is hereby
4 declared to exist, this act shall be in full force and effect on and after its
5 passage and approval.".
6 CORRECTION TO TITLE
7 On page 1 of the printed bill, in line 7 following "CORRECTION" insert: ";
8 AND DECLARING AN EMERGENCY".
Moved by Bieter
Seconded by Cuddy
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 646
9 AMENDMENT TO SECTION 1
10 On page 1 of the printed bill, delete lines 31 through 37 and insert:
11 "(5) As a driver has had his license, instruction permit, driver training
12 permit, privileges or right to drive suspended for the duration of the suspen-
13 sion, nor to any person whose license has been revoked, suspended, cancelled
14 canceled or disqualified by this state or any other jurisdiction; provided
15 however, where a driver's license has been revoked, suspended, canceled or
16 disqualified in any other jurisdiction, and the driver has completed the
17 period of revocation, suspension, cancellation or disqualification as speci-
18 fied by the jurisdiction, that person may be granted a class D driver's
19 license in this state if five (5) years have elapsed from the time of eligi-
20 bility for reinstatement in the other jurisdiction, even though the driver
21 has not fulfilled the requirements for reinstatement in the other
22 jurisdiction.".
23 CORRECTION TO TITLE
24 On page 1 of the printed bill, delete lines 3 through 7 and insert:
25 "AMENDING SECTION 49-303, IDAHO CODE, TO PROVIDE THAT WHERE A DRIVER'S LICENSE
26 HAS BEEN REVOKED, SUSPENDED, CANCELED OR DISQUALIFIED IN ANY OTHER JURISDIC-
27 TION, AND THE DRIVER HAS COMPLETED THE PERIOD OF REVOCATION, SUSPENSION, CAN-
28 CELLATION OR DISQUALIFICATION AS SPECIFIED BY THE JURISDICTION, THAT PERSON
29 MAY BE GRANTED A CLASS D DRIVER'S LICENSE IF FIVE YEARS HAVE ELAPSED FROM THE
30 TIME OF ELIGIBILITY FOR REINSTATEMENT IN THE OTHER JURISDICTION EVEN THOUGH
31 THE DRIVER HAS NOT FULFILLED THE REQUIREMENTS FOR REINSTATEMENT IN THE OTHER
32 JURISDICTION AND TO MAKE A TECHNICAL CORRECTION.".
STATEMENT OF PURPOSE
RS10155
This bill will remove a requirement that suspensions that are years old from
another state be taken off the other state's system. Currently in Idaho, after 3 years
such suspensions fall off our system. This bill allows people with suspensions
from other states that are over five years old to renew their licenses. Currently,
those with suspensions that are even fifteen years old have to go through the
difficult process of trying to get those suspensions removed in the other state.
FISCAL IMPACT
There is no fiscal impact.
CONTACT: Rep. David Bieter
208/332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE H 646