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H0495.........................................by TRANSPORTATION AND DEFENSE
DRIVER'S LICENSE - ADDRESS CHANGE - Amends existing law to change the
penalty from a misdemeanor to an infraction for failure to notify the Idaho
Transportation Department of a change of address on a driver's license,
registration card or identification card; and to extend the time from ten
days to thirty days in which to notify the department of a change of
address on vehicle registrations.
02/03 House intro - 1st rdg - to printing
02/04 Rpt prt - to Transp
02/11 Rpt out - rec d/p - to 2nd rdg
02/14 2nd rdg - to 3rd rdg
02/15 3rd rdg - PASSED - 67-0-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher,
Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
Pearce, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer,
Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone,
Taylor, Tilman, Trail(Miller), Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Crow, Hornbeck, Pischner
Floor Sponsor - Jaquet
Title apvd - to Senate
02/16 Senate intro - 1st rdg - to Transp
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/30 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Keough
Title apvd - to House
03/31 To enrol
04/03 Rpt enrol - Sp signed
04/04 Pres signed - to Governor
04/14 Governor signed
Session Law Chapter 304
Effective: 07/01/00
H0495
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 495
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO CHANGE OF ADDRESS FOR MOTOR VEHICLE DRIVER'S LICENSES, REGISTRA-
3 TION CARDS AND IDENTIFICATION CARDS; AMENDING SECTION 49-320, IDAHO CODE,
4 TO PROVIDE AN INFRACTION PENALTY FOR FAILURE TO NOTIFY THE DEPARTMENT OF A
5 CHANGE OF ADDRESS; AMENDING SECTION 49-421, IDAHO CODE, TO REQUIRE THAT A
6 CHANGE OF ADDRESS SHALL BE REPORTED WITHIN THIRTY DAYS FOLLOWING THE
7 CHANGE AND TO PROVIDE AN INFRACTION PENALTY FOR FAILURE TO NOTIFY THE
8 DEPARTMENT OF A CHANGE OF ADDRESS; AMENDING SECTION 49-2444, IDAHO CODE,
9 AS AMENDED BY SECTION 2, CHAPTER 79, LAWS OF 1999, SECTION 21, CHAPTER 81,
10 LAWS OF 1999, AND SECTION 3, CHAPTER 317, LAWS OF 1999, TO PROVIDE AN
11 INFRACTION PENALTY FOR FAILURE TO NOTIFY THE DEPARTMENT OF A CHANGE OF
12 ADDRESS; AMENDING SECTION 49-2444, IDAHO CODE, AS AMENDED BY SECTION 2,
13 CHAPTER 79, LAWS OF 1999, SECTION 21, CHAPTER 81, LAWS OF 1999, SECTION 3,
14 CHAPTER 317, LAWS OF 1999, AND SECTION 4, CHAPTER 318, LAWS OF 1999, TO
15 PROVIDE AN INFRACTION PENALTY FOR FAILURE TO NOTIFY THE DEPARTMENT OF A
16 CHANGE OF ADDRESS; AND PROVIDING AN EFFECTIVE DATE.
17 Be It Enacted by the Legislature of the State of Idaho:
18 SECTION 1. That Section 49-320, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 49-320. NOTICE OF CHANGE OF ADDRESS. It is the responsibility of every
21 licensed driver and every person applying for a driver's license to keep a
22 current address on file with the department.
23 (1) Whenever any person after applying for or receiving a driver's
24 license shall move from the address shown in the application or in the
25 driver's license issued, that person shall, within thirty (30) days, notify
26 the department in writing of the old and new addresses.
27 (2) Whenever any statute or rule requires a driver to receive notice of
28 any official action with regard to the person's driver's license or driving
29 privileges taken or proposed by a court or the department, notification by
30 certified mail at the address shown on the application for a driver's license
31 or at the address shown on the driver's license or at the address given by the
32 driver, shall constitute all the legal notice that is required.
33 (3) It is an infraction for any person to fail to notify the department
34 of a change of address as required by the provisions of subsection (1) of this
35 section.
36 SECTION 2. That Section 49-421, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 49-421. REGISTRATION CARDS. (1) Upon the registration of a vehicle, the
39 registering agency shall issue to the owner, as defined in section 49-116(3),
40 Idaho Code, a registration card which shall contain the date issued, the reg-
41 istration number assigned the owner and to the vehicle, the name and address
2
1 of the owner, a description of the registered vehicle, identification number
2 and any other information the department may require.
3 (2) The owner, upon receiving the registration card, shall sign in the
4 space provided upon the card as proof of compliance with the insurance
5 requirements of section 49-1229, Idaho Code.
6 (3) Upon a change of address the registrant shall report such change to
7 the county assessor or the department within ten thirty (130) days following
8 the change of address.
9 (4) It is an infraction for any person to fail to notify the department
10 of a change of address as required by the provisions of subsection (3) of this
11 section.
12 SECTION 3. That Section 49-2444, Idaho Code, as amended by Section 2,
13 Chapter 79, Laws of 1999; Section 21, Chapter 81, Laws of 1999; and Section 3,
14 Chapter 317, Laws of 1999; be, and the same is hereby amended to read as fol-
15 lows:
16 49-2444. IDENTIFICATION CARD ISSUED -- FOUR-YEAR OR EIGHT-YEAR. (1) The
17 department shall issue an identification card which shall set forth the infor-
18 mation contained in the application, in a form as prescribed by the depart-
19 ment. All identification cards issued on or after January 1, 1993, shall not
20 contain the applicant's social security number. An applicant's social security
21 number shall be exempt from disclosure except for inquiries from agencies or
22 institutions authorized to obtain such information by federal law or regula-
23 tion, from peace officers or from jury commissioners. Each card shall be
24 issued a distinguishing number and shall bear upon it a color photograph of
25 the applicant which shall be taken by the examiner at the time of application.
26 The photograph shall be taken without headgear or other clothing or device
27 that disguises or otherwise conceals the face or head of the applicant. A
28 waiver may be granted by the department allowing the applicant to wear
29 headgear or other head covering for medical, religious or safety purposes so
30 long as the face is not disguised or otherwise concealed.
31 No person shall receive an identification card unless and until he surren-
32 ders to the department all identification cards in his possession issued to
33 him by Idaho or any other jurisdiction, or any driver's license issued by any
34 other jurisdiction within the United States, or until he executes an affidavit
35 that he does not possess an identification card or any driver's license.
36 A notation of "under 21 until (month, day, year)" and any other distin-
37 guishing printing of the words "under 21" on the identification card shall be
38 made if applicable. The nonrefundable fee for a four-year identification card
39 shall be seven dollars and fifty cents ($7.50) of which five dollars ($5.00)
40 shall be retained by the county and credited to the current expense fund, and
41 two dollars and fifty cents ($2.50) shall be deposited in the state treasury
42 to the credit of the highway distribution account. The nonrefundable fee for
43 an eight-year identification card shall be fifteen dollars ($15.00) of which
44 ten dollars ($10.00) shall be retained by the county and credited to the cur-
45 rent expense fund, and five dollars ($5.00) shall be deposited in the state
46 treasury to the credit of the highway distribution account. At the option of
47 the applicant, the identification card shall expire either on the cardholder's
48 birthday in the fourth year or the eighth year following issuance of the card.
49 (2) Every identification card shall be renewable on or before its expira-
50 tion, but not more than twelve (12) months before, and upon application and
51 payment of the required fee.
52 (3) When an identification card has been expired for less than twelve
53 (12) months, the renewal of the identification card shall start from the orig-
3
1 inal date of expiration regardless of the year in which the application for
2 renewal is made. If the identification card is expired for more than twelve
3 (12) months, the application shall expire, at the option of the applicant, on
4 the applicant's birthday in the fourth year or the eighth year following reis-
5 suance of the identification card.
6 (4) A person possessing an identification card desiring to donate any or
7 all organs or tissue in the event of death, pursuant to the provisions for
8 donation of anatomical gifts as set forth in chapter 34, title 39, Idaho Code,
9 at the option of the donor may indicate this desire on the identification card
10 by the imprinting of the word "donor" on the identification card.
11 (5) In the case of a name change, the applicant shall provide legal docu-
12 mentation to verify the change in accordance with department rules.
13 (6) Whenever any person, after applying for or receiving an identifica-
14 tion card, shall move from the address shown on the application or on the
15 identification card issued, that person shall, within thirty (30) days, notify
16 the transportation department in writing of the old and new addresses.
17 (7) The department shall cancel any identification card upon determining
18 that the person was not entitled to the issuance of the identification card,
19 or that the person failed to give the required and correct information in his
20 application or committed fraud in making the application. Upon cancellation,
21 the person shall surrender the cancelled identification card to the depart-
22 ment.
23 (8) If any person shall fail to return to the department the identifica-
24 tion card as required, the department may direct any peace officer to secure
25 its possession and return the identification card to the department.
26 (9) The department may issue a no-fee identification card to an individ-
27 ual whose driver's license has been cancelled and voluntarily surrendered as
28 provided in section 49-322(4), Idaho Code. The identification card may be
29 renewed at no cost to the applicant as long as the driver's license remains
30 cancelled.
31 (10) It is an infraction for any person to fail to notify the department
32 of a change of address as required by the provisions of subsection (6) of this
33 section.
34 SECTION 4. That Section 49-2444, Idaho Code, as amended by Section 2,
35 Chapter 79, Laws of 1999; Section 21, Chapter 81, Laws of 1999; Section 3,
36 Chapter 317, Laws of 1999; and Section 4, Chapter 318, Laws of 1999; be, and
37 the same is hereby amended to read as follows:
38 49-2444. IDENTIFICATION CARD ISSUED -- FOUR-YEAR OR EIGHT-YEAR. (1) The
39 department shall issue a distinguishing identification card which shall set
40 forth the information contained in the application, in a form as prescribed by
41 the department. All identification cards issued on or after January 1, 1993,
42 shall not contain the applicant's social security number. An applicant's
43 social security number shall be exempt from disclosure except for inquiries
44 from agencies or institutions authorized to obtain such information by federal
45 law or regulation, from peace officers or from jury commissioners. Each card
46 shall be issued a distinguishing number and shall bear upon it a color photo-
47 graph of the applicant which shall be taken by the examiner at the time of
48 application. The photograph shall be taken without headgear or other clothing
49 or device that disguises or otherwise conceals the face or head of the appli-
50 cant. A waiver may be granted by the department allowing the applicant to wear
51 headgear or other head covering for medical, religious or safety purposes so
52 long as the face is not disguised or otherwise concealed.
53 No person shall receive an identification card unless and until he surren-
4
1 ders to the department all identification cards in his possession issued to
2 him by Idaho or any other jurisdiction, or any driver's license issued by any
3 other jurisdiction within the United States, or until he executes an affidavit
4 that he does not possess an identification card or any driver's license.
5 Identification cards issued to persons under eighteen (18) years of age
6 shall include a notation "under 18 until (month, day, year)," and identifica-
7 tion cards issued to persons eighteen (18) years of age to twenty-one (21)
8 years of age shall include a notation "under 21 until (month, day, year)." The
9 nonrefundable fee for a four-year identification card issued to persons
10 twenty-one (21) years of age or older shall be seven dollars and fifty cents
11 ($7.50) of which five dollars ($5.00) shall be retained by the county and
12 credited to the current expense fund, and two dollars and fifty cents ($2.50)
13 shall be deposited in the state treasury to the credit of the highway distri-
14 bution account. The nonrefundable fee for identification cards issued to per-
15 sons under twenty-one (21) years of age shall be six dollars and fifty cents
16 ($6.50), of which five dollars ($5.00) shall be retained by the county and
17 credited to the current expense fund, and one dollar and fifty cents ($1.50)
18 shall be deposited in the state treasury to the credit of the highway distri-
19 bution account. The nonrefundable fee for an eight-year identification card
20 shall be fifteen dollars ($15.00) of which ten dollars ($10.00) shall be
21 retained by the county and credited to the current expense fund, and five dol-
22 lars ($5.00) shall be deposited in the state treasury to the credit of the
23 highway distribution account. At the option of the applicant, the identifica-
24 tion card issued to a person twenty-one (21) years of age or older shall
25 expire either on the cardholder's birthday in the fourth year or the eighth
26 year following issuance of the card. Every identification card issued to a
27 person under eighteen (18) years of age shall expire on the person's eigh-
28 teenth birthday. Every identification card issued to a person eighteen (18)
29 years of age but under twenty-one (21) years of age shall expire on the
30 person's twenty-first birthday.
31 (2) Every identification card, except those issued to persons under
32 twenty-one (21) years of age, shall be renewable on or before its expiration,
33 but not more than twelve (12) months before, and upon application and payment
34 of the required fee.
35 (3) When an identification card has been expired for less than twelve
36 (12) months, the renewal of the identification card shall start from the orig-
37 inal date of expiration regardless of the year in which the application for
38 renewal is made. If the identification card is expired for more than twelve
39 (12) months, the application shall expire, at the option of the applicant, on
40 the applicant's birthday in the fourth year or the eighth year following reis-
41 suance of the identification card.
42 (4) A person possessing an identification card desiring to donate any or
43 all organs or tissue in the event of death, pursuant to the provisions for
44 donation of anatomical gifts as set forth in chapter 34, title 39, Idaho Code,
45 at the option of the donor may indicate this desire on the identification card
46 by the imprinting of the word "donor" on the identification card.
47 (5) In the case of a name change, the applicant shall provide legal docu-
48 mentation to verify the change in accordance with department rules.
49 (6) Whenever any person, after applying for or receiving an identifica-
50 tion card, shall move from the address shown on the application or on the
51 identification card issued, that person shall, within thirty (30) days, notify
52 the transportation department in writing of the old and new addresses.
53 (7) The department shall cancel any identification card upon determining
54 that the person was not entitled to the issuance of the identification card,
55 or that the person failed to give the required and correct information in his
5
1 application or committed fraud in making the application. Upon cancellation,
2 the person shall surrender the cancelled identification card to the depart-
3 ment.
4 (8) If any person shall fail to return to the department the identifica-
5 tion card as required, the department may direct any peace officer to secure
6 its possession and return the identification card to the department.
7 (9) The department may issue a no-fee identification card to an individ-
8 ual whose driver's license has been cancelled and voluntarily surrendered as
9 provided in section 49-322(4), Idaho Code. The identification card may be
10 renewed at no cost to the applicant as long as the driver's license remains
11 cancelled.
12 (10) It is an infraction for any person to fail to notify the department
13 of a change of address as required by the provisions of subsection (6) of this
14 section.
15 SECTION 5. This act shall be in full force and effect on and after July
16 1, 2000.
STATEMENT OF PURPOSE
RS 09419
This bill reduces the misdemeanor penalty in Title 49, Chapter 3 (operator licenses) ,
Chapter 4 (vehicle registration) and chapter 24 (identification cards) to an infraction penalty for
failure to notify the Idaho Transportation Department of a change of address.
A person charged with the misdemeanor offense for failure to notify the department is
required to appear before the court, entitled to a jury trial and subject to a fine up to $300, six
months in jail or both. This is burdensome and costly for the court and defendant. A person
charged with an infraction, in most cases, mails a fine to the clerk of the court without having to
appear.
Relating to changes of addresses for vehicle registration, this legislation changes the
notification period from 10 to 30 days to be consistent with the driver's license and identification
card standards.
FISCAL NOTE
This bill will save court and law enforcement appearance time. No impact to general or local
funds.
Contact Person
Name: Representative Wendy Jaquet
Agency: Idaho State Legislature
Phone. (208) 332-1130
STATEMENT OF PURPOSE/FISCAL IMPACT H 495