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S1017.....................................................by TRANSPORTATION
MOTOR VEHICLES - Amends and repeals existing law to clarify issuance of
seasonal Class B or Class C driver's licenses; to provide that medical
conditions may be indicated on driver's licenses and identification cards
only if requested by the applicant; to specify the period of time for which
proof of financial responsibility is required to be provided to the Idaho
Transportation Department following suspension or revocation of driving
privileges; and requiring proof of financial responsibility for each
vehicle registered by any person required to provide such proof.
01/17 Senate intro - 1st rdg - to printing
01/18 Rpt prt - to Transp
02/14 Rpt out - rec d/p - to 2nd rdg
02/15 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 32-0-3
AYES -- Boatright, Branch, Brandt, Bunderson, Burtenshaw, Cameron,
Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins,
Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Richardson, Risch,
Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler,
Whitworth, Williams,
NAYS -- None
Absent and excused -- Andreason, Danielson, Noh
Floor Sponsor -- Boatright
Title apvd - to House
02/21 House intro - 1st rdg - to Transp
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 61-0-9
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Chase, Clark, Collins, Crow, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Hadley, Hammond, Harwood, Higgins, Hornbeck, Jaquet, Jones, Kellogg,
Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague
Montgomery, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould,
Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
Smylie, Stevenson, Stone, Tilman, Trail, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Campbell, Gagner, Gould, Henbest, Meyer,
Mortensen, Swan(Block), Wheeler, Wood
Floor Sponsor -- Ridinger
Title apvd - to Senate
03/16 To enrol
03/19 Rpt enrol - Pres signed
03/20 Sp signed
03/21 To Governor
03/22 Governor signed
Session Law Chapter 74
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1017
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO DRIVERS LICENSES, IDENTIFICATION CARDS AND PROOF OF FINANCIAL
3 RESPONSIBILITY; AMENDING SECTION 49-306, IDAHO CODE, TO SPECIFY TYPES OF
4 BUSINESSES WHOSE DRIVERS MAY BE ISSUED SEASONAL CLASS B OR C DRIVERS
5 LICENSES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-315, IDAHO
6 CODE, TO PROVIDE THAT NO DRIVER'S LICENSE SHALL CONTAIN A STATEMENT OR
7 INDICATION OF A PERSON'S MEDICAL CONDITION UNLESS REQUESTED BY THE APPLI-
8 CANT; AMENDING SECTION 49-1208, IDAHO CODE, TO SPECIFY THE PERIOD OF TIME
9 FOR WHICH PROOF OF FINANCIAL RESPONSIBILITY IS REQUIRED; REPEALING SECTION
10 49-1209, IDAHO CODE; AMENDING SECTION 49-1210, IDAHO CODE, TO REQUIRE THAT
11 PROOF OF FINANCIAL RESPONSIBILITY SHALL BE FURNISHED TO THE DEPARTMENT FOR
12 EACH VEHICLE REGISTERED BY ANY PERSON REQUIRED TO PROVIDE SUCH PROOF;
13 REPEALING SECTIONS 49-1215, 49-1216, 49-1218 AND 49-1219, IDAHO CODE;
14 AMENDING SECTION 49-1220, IDAHO CODE, TO DELETE REFERENCES TO REPEALED
15 PROVISIONS OF LAW AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
16 49-1430, IDAHO CODE, TO DELETE REFERENCE TO A REPEALED SECTION OF LAW; AND
17 AMENDING SECTION 49-2444, IDAHO CODE, TO SPECIFY INFORMATION THAT SHALL BE
18 PRINTED ON IDENTIFICATION CARDS ISSUED BY THE TRANSPORTATION DEPARTMENT
19 AND TO PROVIDE THAT NO IDENTIFICATION CARD SHALL CONTAIN A STATEMENT OR
20 INDICATION OF A PERSON'S MEDICAL CONDITION UNLESS REQUESTED BY THE APPLI-
21 CANT AND TO MAKE TECHNICAL CORRECTIONS.
22 Be It Enacted by the Legislature of the State of Idaho:
23 SECTION 1. That Section 49-306, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 49-306. APPLICATION FOR DRIVER'S LICENSE OR INSTRUCTION PERMIT. (1) Every
26 application for any instruction permit or for a driver's license shall be made
27 upon a form furnished by the department and shall be verified by the applicant
28 before a person authorized to administer oaths. Officers and employees of the
29 department and sheriffs and their deputies are authorized to administer the
30 oaths without charge. Every application for a permit, extension or driver's
31 license shall be accompanied by the following fee, none of which is refund-
32 able:
33 (a) Class A, B, C (4-year) license with endorsements - age 21 years and
34 older ............................................................. $28.50
35 (b) Class A, B, C (3-year) license with endorsements - age 18 to 21 years
36 ................................................................... $17.50
37 (c) Class A, B, C (1-year) license with endorsements - age 20 years .....
38 ................................................................... $11.25
39 (d) Class D (3-year) license - under age 18 years ................ $17.50
40 (e) Class D (3-year) license - age 18 to 21 years ................ $17.50
41 (f) Class D (1-year) license - age 17 years or age 20 years ...... $11.25
42 (g) Four-year Class D license - age 21 years and older ........... $24.50
43 (hf) Eight-year Class D license - ages 21 to 63 years ...................
2
1 $41.00
2 (ig) Class A, B, C instruction permit ............................ $19.50
3 (jh) Class D instruction permit or supervised instruction permit ........
4 ................................................................... $11.50
5 (ki) Duplicate driver's license or permit issued under section 49-318,
6 Idaho Code ........................................................ $11.50
7 (lj) Driver's license extension issued under section 49-319, Idaho Code
8 ................................................................... $ 6.50
9 (mk) License classification change (upgrade) ..................... $15.50
10 (nl) Endorsement addition ........................................ $11.50
11 (om) Class A, B, C skills tests .................... not more than $55.00
12 (pn) Class D skills test ......................................... $15.00
13 (qo) Motorcycle endorsement skills test ...........................$ 5.00
14 (rp) Knowledge test .............................................. $ 3.00
15 (sq) Seasonal driver's license ................................... $27.50
16 (tr) One time motorcycle "M" endorsement ......................... $11.50
17 (us) Motorcycle endorsement instruction permit ................... $11.50
18 (vt) Restricted driving permit ................................... $35.00
19 (2) Every application shall state the true and full name, date of birth,
20 sex, declaration of Idaho residency, Idaho residence address and mailing
21 address, if different, of the applicant, height, weight, hair color, and eye
22 color, and the applicant's social security number as verified by the
23 applicant's social security card or by the social security administration.
24 (a) The requirement that an applicant provide a social security number as
25 verified by his social security card or by the social security administra-
26 tion shall apply only to applicants who have been assigned a social secu-
27 rity number.
28 (b) An applicant who has not been assigned a social security number
29 shall:
30 (i) Present written verification from the social security adminis-
31 tration that the applicant has not been assigned a social security
32 number; and
33 (ii) Submit a birth certificate, passport or other documentary evi-
34 dence issued by an entity other than a state or the United States;
35 and
36 (iii) Submit such proof as the department may require that the appli-
37 cant is lawfully present in the United States.
38 A driver's license or any instruction permit issued on and after January
39 1, 1993, shall not contain an applicant's social security number. Applications
40 on file shall be exempt from disclosure except as provided in sections 49-202,
41 49-203, 49-203A and 49-204, Idaho Code.
42 Every application shall also state whether the applicant has previously
43 been licensed as a driver, and if so, when and by what state or country, and
44 whether a driver's license or privileges have ever been suspended, revoked,
45 denied, disqualified, cancelled or whether an application has ever been
46 refused, and if so, the date of and reason for the suspension, revocation,
47 denial, disqualification, cancellation or refusal and the applicant's oath
48 that all information is correct as signified by the applicant's signature.
49 The applicant may be required to submit proof of identity acceptable to
50 the examiner or the department and date of birth as set forth in a certified
51 copy of his birth certificate when obtainable, or another document which pro-
52 vides satisfactory evidence of a person's date of birth acceptable to the
53 examiner or the department.
54 (3) Whenever an application is received from a person previously licensed
55 in another jurisdiction, the department shall request a copy of the driver's
3
1 record from the other jurisdiction and shall contact the national driver reg-
2 ister. When received, the driver's record from the previous jurisdiction shall
3 become a part of the driver's record in this state with the same force and
4 effect as though entered on the driver's record in this state in the original
5 instance.
6 (4) Whenever the department receives a request for a driver's record from
7 another licensing jurisdiction, the record shall be forwarded without charge.
8 (5) The department shall contact and notify the commercial driver license
9 information system of the proposed application for a class A, B or C driver's
10 license to insure identification of the person and to obtain clearance to
11 issue the license.
12 (6) When the fees required under this section are collected by a county
13 officer, they shall be paid over to the county treasurer not less often than
14 monthly, who shall immediately:
15 (a) Deposit an amount equal to five dollars ($5.00) from each driver's
16 license except an eight-year class D license, or any class D instruction
17 permit application fees, application for a duplicate driver's license or
18 permit, classification change, seasonal driver's license and additional
19 endorsement, and ten dollars ($10.00) from each eight-year class D
20 driver's license, in the current expense fund; and
21 (b) Deposit two dollars and fifty cents ($2.50) from each motorcycle
22 endorsement and motorcycle endorsement instruction permit fee in the cur-
23 rent expense fund; and
24 (c) Deposit an amount equal to three dollars ($3.00) from each fee for a
25 knowledge test in the current expense fund; and
26 (d) Deposit an amount equal to five dollars ($5.00) from each fee for a
27 motorcycle endorsement skills test in the current expense fund; provided
28 however, if a contractor administers the skills test he shall be entitled
29 to the five dollar ($5.00) fee; and
30 (e) Remit the remainder to the state treasurer; and
31 (f) Deposit eleven dollars and fifty cents ($11.50) from each fee for a
32 class D skills test into the county current expense fund, unless the test
33 is administered by a department-approved contractor, in which case the
34 contractor shall be entitled to eleven dollars and fifty cents ($11.50) of
35 each fee.
36 (7) When the fees required under this section are collected by a state
37 officer or agency, they shall be paid over to the state treasurer.
38 (8) The state treasurer shall distribute the moneys received from fees
39 imposed by the provisions of this section, whether collected by a county offi-
40 cer or by a state officer or agency as follows:
41 (a) Two dollars ($2.00) of each fee for a four-year driver's license or
42 seasonal driver's license, and four dollars ($4.00) of each fee for an
43 eight-year class D driver's license, and one dollar and fifty cents
44 ($1.50) of each fee charged for driver's licenses pursuant to subsections
45 (1)(b), (d) and (e) of this section, and fifty cents (50) of each fee
46 charged for driver's licenses pursuant to subsections (1)(c) and (f) of
47 this section, shall be deposited in the emergency medical services account
48 II created in section 39-146A, Idaho Code, and four dollars ($4.00) of
49 each fee charged pursuant to subsections (1)(a), (g) and (s) of this sec-
50 tion shall be deposited in the emergency medical services account III cre-
51 ated in section 39-146B, Idaho Code; and
52 (b) Sixteen dollars and fifty cents ($16.50) of each fee for a seasonal
53 or class A, B or C driver's license, and ten dollars ($10.00) of each fee
54 charged for a license pursuant to subsection (1)(b) of this section, and
55 five dollars and forty-one cents ($5.41) of each fee charged for a license
4
1 pursuant to subsection (1)(c) of this section shall be deposited in the
2 state highway account; and
3 (c) Ten dollars and fifty cents ($10.50) of each fee for a class A, B or
4 C instruction permit or driver's license classification change shall be
5 deposited in the state highway account; and
6 (d) Four dollars ($4.00) of each fee for a class A, B or C instruction
7 permit shall be deposited in the emergency medical services account III
8 created in section 39-146B, Idaho Code; and
9 (e) Six dollars and fifty cents ($6.50) of each fee for a duplicate sea-
10 sonal or class A, B or C driver's license, class A, B or C driver's
11 license extension, or additional endorsement shall be deposited in the
12 state highway account; and
13 (f) Four dollars ($4.00) of each fee for a motorcycle endorsement and
14 motorcycle endorsement instruction permit shall be deposited in the state
15 highway account; and
16 (g) Five dollars and thirty cents ($5.30) of each fee for a four-year
17 class D driver's license, and ten dollars and sixty cents ($10.60) of each
18 fee for an eight-year class D driver's license, and four dollars ($4.00)
19 of each fee charged for a license pursuant to subsections (1)(d) and (e)
20 of this section, and one dollar and thirty-three cents ($1.33) of each fee
21 charged for a license pursuant to subsection (1)(f) of this section shall
22 be deposited in the driver training account; and
23 (h) Seven dollars and twenty cents ($7.20) of each fee for a four-year
24 class D driver's license, and fourteen dollars and forty cents ($14.40) of
25 each fee for an eight-year class D driver's license, and six dollars
26 ($6.00) of each fee charged for a license pursuant to subsections (1)(d)
27 and (e) of this section, and four dollars and eight cents ($4.08) of each
28 fee charged for a license pursuant to subsection (1)(f) of this section
29 shall be deposited in the highway distribution account; and
30 (i) Two dollars and sixty cents ($2.60) of each fee for a class D
31 instruction permit, duplicate class D license or permit, and class D
32 license extension shall be deposited in the driver training account; and
33 (j) Three dollars and ninety cents ($3.90) of each fee for a class D
34 instruction permit, duplicate class D license or permit, and class D
35 license extension shall be deposited in the highway distribution account;
36 and
37 (k) Five dollars ($5.00) of each fee for a class A, B, or C skills test
38 shall be deposited in the state highway account; and
39 (l) One dollar ($1.00) of each fee for a class A, B, C or four-year D
40 driver's license, and two dollars ($2.00) of each fee for an eight-year
41 class D driver's license, and one dollar ($1.00) of each fee charged for a
42 license pursuant to subsections (1)(b), (d) and (e) of this section, and
43 thirty-four cents (34) of each fee charged for a license pursuant to sub-
44 sections (1)(c) and (f) of this section shall be deposited in the motor-
45 cycle safety program fund established in section 33-4904, Idaho Code; and
46 (m) Three dollars and fifty cents ($3.50) of each fee for a class D
47 skills test shall be deposited into the state highway account.
48 (9) The contractor administering a class A, B or C skills test shall be
49 entitled to not more than fifty dollars ($50.00) of the skills test fee. A
50 contractor administering a class A, B or C skills test may collect an addi-
51 tional fee for the use of the contractor's vehicle for the skills test.
52 (10) Thirty-five dollars ($35.00) of each restricted driving permit shall
53 be deposited in the state highway account.
54 (11) The department may issue seasonal class B or C driver's licenses to
55 drivers who are employees of agri-chemical businesses, custom harvesters, farm
5
1 retail outlets and suppliers, and livestock feeders that:
2 (a) Will only be valid for driving commercial vehicles that normally
3 require class B or C commercial driver's licenses;
4 (b) Will be valid for seasonal periods that begin on the date of issuance
5 and that are not to exceed one hundred eighty (180) days in a twelve (12)
6 month period;
7 (c) May only be obtained twice in a driver's lifetime;
8 (d) Are valid only within a one hundred fifty (150) mile radius of the
9 place of business or farm being serviced; and
10 (e) Will be valid only in conjunction with valid Idaho class D driver's
11 licenses.
12 (12) The department may issue seasonal class B or C driver's licenses to
13 drivers who:
14 (a) Have not violated the single license provisions of 49 CFR part 383;
15 (b) Have not had any license suspensions, revocations or cancellations;
16 (c) Have not had any convictions in any vehicle for any offense listed in
17 section 49-335(1) or (2), Idaho Code, or any one (1) serious traffic
18 offense;
19 (d) Have at least one (1) year of driving experience with a class D or
20 equivalent license in any type motor vehicle; and
21 (e) Are at least sixteen (16) years old.
22 SECTION 2. That Section 49-315, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 49-315. LICENSES ISSUED TO DRIVERS. (1) The department shall issue to
25 every qualifying applicant a distinguishing driver's license as applied for,
26 which shall bear a distinguishing number assigned to the licensee, the full
27 name, date of birth, Idaho residence address, sex, weight, height, eye color,
28 hair color, color photograph, name of this state, date of issuance, date of
29 expiration, license class, endorsements, restrictions, and the applicant's
30 signature. Driver's licenses for persons under eighteen (18) years of age
31 shall include a notation "under 18 until (month, day, year)," and driver's
32 licenses for persons eighteen (18) years of age to twenty-one (21) years of
33 age shall include a notation "under 21 until (month, day, year)." No driver's
34 license shall be valid until it has been signed on the signature line of the
35 license by the licensee.
36 (2) Every driver's license shall bear a color photograph of the licensee,
37 which shall be taken by the examiner at the time the application is made. The
38 photograph shall be taken without headgear or other clothing or device that
39 disguises or otherwise conceals the face or head of the applicant. A waiver
40 may be granted by the department allowing the applicant to wear headgear or
41 other head covering for medical, religious or safety purposes so long as the
42 face is not disguised or otherwise concealed. At the request of the applicant,
43 a driver's license may contain a statement or indication of the medical condi-
44 tion of the licensee.
45 (3) The department shall notify the commercial driver license information
46 system that a class A, B or C driver's license has been issued as required by
47 49 CFR part 383.
48 (4) A licensee desiring to donate any or all organs or tissue in the
49 event of death, pursuant to the provisions for donation of anatomical gifts as
50 set forth in chapter 34, title 39, Idaho Code, at the option of the donor may
51 indicate this desire on the driver's license by the imprinting of the word
52 "donor" on the license.
6
1 SECTION 3. That Section 49-1208, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 49-1208. PROOF REQUIRED UPON CERTAIN CONVICTIONS. (1) If a person is not
4 licensed, but by final order or judgment is convicted of, or forfeits any bail
5 or collateral deposited to secure an appearance for trial, or has entered a
6 plea of guilty for, any offense requiring the suspension or revocation of the
7 driver's license, or for operating a motor vehicle upon the highways without
8 being licensed to do so, no driver's license shall be issued to that person
9 and his driving privilege shall remain suspended or revoked until he gives and
10 maintains proof of financial responsibility. Such person shall be required to
11 verify proof of financial responsibility for a three (3) year period commenc-
12 ing with the last day of the suspension or revocation.
13 (2) Whenever the department or a court suspends, or the department
14 revokes a resident's driver's license or nonresident's driving privilege by
15 reason of a conviction, forfeiture of bail, or upon a plea or finding of
16 guilty, the license or privilege shall remain suspended or revoked unless the
17 person shall have previously given or shall immediately give and maintain
18 proof of financial responsibility. Such person shall be required to verify
19 proof of financial responsibility for a three (3) year period commencing with
20 the last day of the suspension or revocation.
21 (3) Any person who is convicted of violating the provisions of either
22 section 49-1229, 49-1232 or 49-1428, Idaho Code, for the first time shall give
23 and maintain proof of financial responsibility throughout the one (1) year
24 period following the conviction. Any person convicted for a second or any sub-
25 sequent time of violating the provisions of section 49-1229, 49-1232 or
26 49-1428, Idaho Code, within a five (5) year period, shall give and maintain
27 proof of financial responsibility throughout the three (3) year period follow-
28 ing such conviction. The department shall notify any person subject to this
29 subsection of the requirements for maintaining proof of financial responsibil-
30 ity for a second and any subsequent conviction. The driver's license and driv-
31 ing privileges shall remain suspended unless the person gives and maintains
32 proof of financial responsibility throughout either the one (1) year or the
33 three (3) year period following such conviction.
34 (4) Whenever a person is required to maintain proof of financial respon-
35 sibility, and who is not a resident of Idaho, files and maintains proof of
36 financial responsibility in his home state the department shall reinstate the
37 person's driving privileges as long as proof of financial responsibility is
38 maintained in the person's home state.
39 SECTION 4. That Section 49-1209, Idaho Code, be, and the same is hereby
40 repealed.
41 SECTION 5. That Section 49-1210, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 49-1210. CERTIFICATE OF INSURANCE AS PROOF. (1) Proof of financial
44 responsibility may shall be furnished for each motor vehicle registered by any
45 person required to provide proof by filing with the department the written
46 certificate of any insurance carrier duly authorized to do business in this
47 state on a form approved by the department certifying that there is in effect
48 a motor vehicle liability policy for the benefit of the person required to
49 furnish proof of financial responsibility. The certificate shall give the
50 effective date of the motor vehicle liability policy, which date shall be the
51 same as the effective date of the certificate, and shall designate by explicit
7
1 description or by appropriate reference all motor vehicles covered by that
2 policy, unless the policy is issued to a person who is not the owner of a
3 motor vehicle.
4 (2) No motor vehicle shall be or continue to be registered in the name of
5 any person required to file proof of financial responsibility unless the motor
6 vehicle is so designated in such a certificate.
7 SECTION 6. That Sections 49-1215, 49-1216, 49-1218 and 49-1219, Idaho
8 Code, be, and the same are hereby repealed.
9 SECTION 7. That Section 49-1220, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 49-1220. DURATION OF PROOF -- WHEN PROOF MAY BE CANCELLED CANCELED OR
12 RETURNED. (1) The department shall upon request consent to the immediate can-
13 cellation of any bond or certificate of insurance, or the department shall
14 direct and the state treasurer shall return to the person entitled thereto any
15 money or securities deposited pursuant to this chapter, or the department
16 shall waive the requirement of filing proof, in any of the following events:
17 (a) At any time after one (1) year or three (3) years from the date the
18 proof was required, as provided in section 49-1208, Idaho Code, when, dur-
19 ing the one (1) year or three (3) year period preceding the request, the
20 department has not received record of a conviction or a forfeiture of bail
21 which would require or permit the suspension or revocation of the driver's
22 license or nonresident's operating privilege of the person by or for whom
23 the proof was furnished; or
24 (b) In the event of the death of the person on whose behalf the proof was
25 filed or the permanent incapacity of the person to operate a motor vehi-
26 cle; or
27 (c) In the event the person who has given proof surrenders his driver's
28 license to the department.
29 (2) The department shall not consent to the cancellation of any bond or
30 the return of any money or securities in the event any action for damages upon
31 a liability covered by the proof is then pending, or any judgment upon any
32 liability is then unsatisfied, or in the event the person who has filed the
33 bond or deposited the money or securities has, within one (1) year immediately
34 preceding the request, been involved as an operator or owner in any motor
35 vehicle accident resulting in injury or damage to the person or property of
36 others. An affidavit of the applicant as to the nonexistence of the facts, or
37 that he has been released from all of his liability, or has been finally adju-
38 dicated not to be liable for the injury or damage, shall be sufficient evi-
39 dence in the absence of evidence to the contrary in the records of the depart-
40 ment.
41 (3) Whenever any person whose proof has been cancelled canceled or
42 returned applies for a driver's license within a period of one (1) year or
43 within a period of three (3) years from the date proof was originally
44 required, as provided in section 49-1208, Idaho Code, the application shall be
45 refused unless the applicant shall reestablish proof for the remainder of the
46 one (1) year or three (3) year period.
47 SECTION 8. That Section 49-1430, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 49-1430. FORGED CERTIFICATE. Any person who shall forge or, without
50 authority, sign any notice provided for in section 49-1209, Idaho Code, decla-
8
1 ration that a policy or bond is in effect, or any evidence of proof of finan-
2 cial responsibility, or who files or offers for filing any notice or evidence
3 of proof knowing or having reason to believe it is forged or signed without
4 authority, shall be deemed guilty of a misdemeanor and be fined not more than
5 one thousand dollars ($1,000) or imprisoned not more than one (1) year, or
6 both.
7 SECTION 9. That Section 49-2444, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 49-2444. IDENTIFICATION CARD ISSUED -- FOUR-YEAR OR EIGHT-YEAR. (1) The
10 department shall issue a distinguishing identification card which shall set
11 forth the information contained in the application, in a form as prescribed by
12 the department. All identification cards issued on or after January 1, 1993,
13 shall not contain the applicant's social security number. An applicant's
14 social security number shall be exempt from disclosure except for inquiries
15 from agencies or institutions authorized to obtain such information by federal
16 law or regulation, from peace officers or from jury commissioners. Each card
17 shall have printed on it the applicant's full name, date of birth, Idaho resi-
18 dence address, sex, weight, height, eye color, hair color, and shall be issued
19 a distinguishing number and assigned to the applicant. Each card shall also
20 have printed on it the name of this state, the date of issuance, and the date
21 of expiration. An identification card shall not be valid until it has been
22 signed on the signature line by the applicant. Each card shall bear upon it a
23 color photograph of the applicant which shall be taken by the examiner at the
24 time of application. The photograph shall be taken without headgear or other
25 clothing or device that disguises or otherwise conceals the face or head of
26 the applicant. A waiver may be granted by the department allowing the appli-
27 cant to wear headgear or other head covering for medical, religious or safety
28 purposes so long as the face is not disguised or otherwise concealed. At the
29 request of the applicant, an identification card may contain a statement or
30 indication of the medical condition of the applicant.
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 Identification cards issued to persons under eighteen (18) years of age
37 shall include a notation "under 18 until (month, day, year)," and identifica-
38 tion cards issued to persons eighteen (18) years of age to twenty-one (21)
39 years of age shall include a notation "under 21 until (month, day, year)." The
40 nonrefundable fee for a four-year identification card issued to persons
41 twenty-one (21) years of age or older shall be seven dollars and fifty cents
42 ($7.50) of which five dollars ($5.00) shall be retained by the county and
43 credited to the current expense fund, and two dollars and fifty cents ($2.50)
44 shall be deposited in the state treasury to the credit of the highway distri-
45 bution account. The nonrefundable fee for identification cards issued to per-
46 sons under twenty-one (21) years of age shall be six dollars and fifty cents
47 ($6.50), of which five dollars ($5.00) shall be retained by the county and
48 credited to the current expense fund, and one dollar and fifty cents ($1.50)
49 shall be deposited in the state treasury to the credit of the highway distri-
50 bution account. The nonrefundable fee for an eight-year identification card
51 shall be fifteen dollars ($15.00) of which ten dollars ($10.00) shall be
52 retained by the county and credited to the current expense fund, and five dol-
53 lars ($5.00) shall be deposited in the state treasury to the credit of the
9
1 highway distribution account. At the option of the applicant, the identifica-
2 tion card issued to a person twenty-one (21) years of age or older shall
3 expire either on the cardholder's birthday in the fourth year or the eighth
4 year following issuance of the card. Every identification card issued to a
5 person under eighteen (18) years of age shall expire five (5) days after the
6 person's eighteenth birthday. Every identification card issued to a person
7 eighteen (18) years of age but under twenty-one (21) years of age shall expire
8 five (5) days after the person's twenty-first birthday.
9 (2) Every identification card, except those issued to persons under
10 twenty-one (21) years of age, shall be renewable on or before its expiration,
11 but not more than twelve (12) months before, and upon application and payment
12 of the required fee.
13 (3) When an identification card has been expired for less than twelve
14 (12) months, the renewal of the identification card shall start from the orig-
15 inal date of expiration regardless of the year in which the application for
16 renewal is made. If the identification card is expired for more than twelve
17 (12) months, the application shall expire, at the option of the applicant, on
18 the applicant's birthday in the fourth year or the eighth year following reis-
19 suance of the identification card.
20 (4) A person possessing an identification card desiring to donate any or
21 all organs or tissue in the event of death, pursuant to the provisions for
22 donation of anatomical gifts as set forth in chapter 34, title 39, Idaho Code,
23 at the option of the donor may indicate this desire on the identification card
24 by the imprinting of the word "donor" on the identification card.
25 (5) In the case of a name change, the applicant shall provide legal docu-
26 mentation to verify the change in accordance with department rules.
27 (6) Whenever any person, after applying for or receiving an identifica-
28 tion card, shall move from the address shown on the application or on the
29 identification card issued, that person shall, within thirty (30) days, notify
30 the transportation department in writing of the old and new addresses.
31 (7) The department shall cancel any identification card upon determining
32 that the person was not entitled to the issuance of the identification card,
33 or that the person failed to give the required and correct information in his
34 application or committed fraud in making the application. Upon cancellation,
35 the person shall surrender the cancelled identification card to the depart-
36 ment.
37 (8) If any person shall fail to return to the department the identifica-
38 tion card as required, the department may direct any peace officer to secure
39 its possession and return the identification card to the department.
40 (9) The department may issue a no-fee identification card to an individ-
41 ual whose driver's license has been cancelled canceled and voluntarily surren-
42 dered as provided in section 49-322(4), Idaho Code. The identification card
43 may be renewed at no cost to the applicant as long as the driver's license
44 remains cancelled canceled.
45 (10) It is an infraction for any person to fail to notify the department
46 of a change of address as required by the provisions of subsection (6) of this
47 section.
STATEMENT OF PURPOSE
RS 10541
This legislation brings Idaho's seasonal commercial drivers license
code into compliance with federal regulations.
This legislation repeals sections of code that authorize drivers to
post $50,000 in cash, securities, or bonds with the treasurer's
office or the department as proof of financial responsibility. The
provisions of the repealed sections are seldom, if ever, used.
Proof of financial responsibility is required by the department
prior to reinstating driving privileges after certain driver's
license suspension or revocations. The common and preferred method
for drivers to prove financial responsibility after a driver's
license suspension or revocation is to provide the department with
an SR-22 Certificate of Insurance. This legislation clarifies that
proof of financial responsibility is required for a three year
period, commencing with the last day of the suspension or
revocation.
This legislation will provide that the information required for an
identification card will be consistent with that information
required for a driver license and, at the request of an applicant,
will allow a medical condition statement or indication of an
existing medical condition to appear on an identification card as
previously allowed on a drivers license.
FISCAL IMPACT
This legislation has no fiscal impact.
Contact
Name: Amy Smith, Motor Vehicle Division, Program Supervisor
Agency:Idaho Transportation Department
Phone: 334-5279
Statement of Purpose/Fiscal Note S1017