Print Friendly HOUSE BILL NO. 215 – Drivers license, not issued, when
HOUSE BILL NO. 215
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H0215.........................................by TRANSPORTATION AND DEFENSE
DRIVER'S LICENSES - Amends existing law to provide that where a driver's
license has been revoked, suspended, canceled or disqualified in any other
jurisdiction, and the driver has completed the period of revocation,
suspension, cancellation or disqualification as specified by the
jurisdiction, that person may be granted a class D driver's license in this
state if five years have elapsed from 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.
02/13 House intro - 1st rdg - to printing
02/14 Rpt prt - to Transp
02/15 Rpt out - rec d/p - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/19 3rd rdg - PASSED - 65-1-4
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest,
Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
Loertscher, Marley, McKague, Meyer, Montgomery, Mortensen, Moss,
Moyle, Pearce, Pischner, Pomeroy, Raybould, Roberts, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Swan, Tilman,
Trail, Wood, Young, Mr. Speaker
NAYS -- Higgins
Absent and excused -- Mader, Ridinger, Stone, Wheeler
Floor Sponsor -- Bieter
Title apvd - to Senate
02/20 Senate intro - 1st rdg - to Transp
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/20 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- None
Floor Sponsor -- Dunklin
Title apvd - to House
03/21 To enrol
03/22 Rpt enrol - Sp signed - Pres signed - to Gov
03/23 Governor signed
Session Law Chapter 168
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 215
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 WHERE A DRIVER'S LICENSE
4 HAS BEEN REVOKED, SUSPENDED, CANCELED OR DISQUALIFIED IN ANY OTHER JURIS-
5 DICTION, AND THE DRIVER HAS COMPLETED THE PERIOD OF REVOCATION, SUSPEN-
6 SION, CANCELLATION OR DISQUALIFICATION AS SPECIFIED BY THE JURISDICTION,
7 THAT PERSON MAY BE GRANTED A CLASS D DRIVER'S LICENSE IN THIS STATE IF
8 FIVE YEARS HAVE ELAPSED FROM THE TIME OF ELIGIBILITY FOR REINSTATEMENT IN
9 THE OTHER JURISDICTION, EVEN THOUGH THE DRIVER HAS NOT FULFILLED THE
10 REQUIREMENTS FOR REINSTATEMENT IN THE OTHER JURISDICTION AND TO MAKE TECH-
11 NICAL CORRECTIONS; 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, any instruction permit, privileges or right to
17 drive and if issued, may revoke or cancel the driver's license of a person
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, has completed the requirements of a class D supervised
23 instruction permit, and who is at least fifteen (15) years of age, with driv-
24 ing privileges restricted to daylight hours only, and with full privileges at
25 sixteen (16) years of age. The restriction of daylight hours only shall mean
26 that period of time one-half (1/2) hour before sunrise to one-half (1/2) hour
27 after sunset. If a person who is at least fifteen (15) years but is under sev-
28 enteen (17) years of age has successfully completed an approved driver's
29 training course and has been issued a driver's license in another state, he
30 may be issued a class D driver's license in this state.
31 (2) As an operator of a vehicle requiring a class D driver's license, is
32 under the age of seventeen (17) years and has not successfully completed an
33 approved driver training course and has not satisfied the requirements of a
34 class D supervised instruction permit.
35 (3) As an operator of a commercial vehicle requiring a class A, B or C
36 driver's license is under the age of eighteen (18) years.
37 (4) Applicants with less than one (1) year of driving experience, as evi-
38 denced by a previous driver's license shall not be issued a class A, B or C
39 driver's license or a class A, B or C instruction permit.
40 (5) As a driver has had his license, class D instruction permit, privi-
41 leges or right to drive suspended for the duration of the suspension, nor to
42 any person who has had his class D driver's training instruction permit or
43 class D supervised instruction permit cancelled canceled for the duration of
1 the cancellation, nor to any person whose license has been revoked, suspended,
2 cancelled canceled or disqualified by this state or any other jurisdiction;
3 provided however, where a driver's license has been revoked, suspended, can-
4 celed or disqualified in any other jurisdiction, and the driver has completed
5 the period of revocation, suspension, cancellation or disqualification as
6 specified by the jurisdiction, that person may be granted a class D driver's
7 license in this state if five (5) years have elapsed from the time of eligi-
8 bility for reinstatement in the other jurisdiction, even though the driver has
9 not fulfilled the requirements for reinstatement in the other jurisdiction.
10 (6) Is an habitual drunkard, or is addicted to the use of narcotic drugs.
11 (7) Has previously been adjudged to be afflicted with or suffering from
12 any mental disability or disease and who has not at the time of application
13 been restored to competency by the methods provided by law.
14 (8) Is required by the provisions of this chapter to take an examination,
15 unless that person shall have successfully passed such examination.
16 (9) May be required under any law of this state to furnish proof of
17 financial responsibility and who has not furnished that proof.
18 (10) The department has good cause to believe that the operation of a
19 motor vehicle on the highways by that person would be harmful to public safety
20 or welfare.
21 (11) Is disqualified for a class A, B or C license, except he may be
22 issued a class D driver's license.
23 (12) Is under eighteen (18) years of age and is not enrolled in school,
24 has not received a waiver pursuant to or has not satisfactorily completed
25 school as provided in section 49-303A, Idaho Code.
26 (13) Is not a resident of the state of Idaho.
27 SECTION 2. An emergency existing therefor, which emergency is hereby
28 declared to exist, this act shall be in full force and effect on and after its
29 passage and approval.
STATEMENT OF PURPOSE
This bill addresses what is an inconsistency in the law when a person
has a license suspension in another state. In Idaho, once you have
performed whatever penalty you have, after three (3) years you can
obtain or renew a license because the offense goes off our system.
However, a license suspension from another state never falls off the
system, and the person cannot renew or obtain a license in Idaho
without first getting a license in that other state, even though they
no longer reside there. This bill would be more restrictive thar Idaho
is by requiring that in addition to any specific period of suspension
five (5) years must pass before a person can obtain or renew an Idaho
license. However, it would allow Idaho residents to get their Idaho
licenses without having to get a new license in another state.
There is no fiscal impact.
Name: Representative David Bieter
STATEMENT OF PURPOSE/FISCAL NOTE H 21