2001 Legislation
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SENATE BILL NO. 1017 – MV, proof of financial responsiblty

SENATE BILL NO. 1017

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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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                      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