2000 Legislation
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HOUSE BILL NO. 646, As Amended – Drivers license, not issued, when

HOUSE BILL NO. 646, As Amended

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Daily Data Tracking History



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

Bill Text


 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.

Amendment


 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 / Fiscal Impact


     
     
                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