2001 Legislation
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SENATE BILL NO. 1077 – Driver license/disabled person/note

SENATE BILL NO. 1077

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S1077aa...................................................by TRANSPORTATION
DRIVER'S LICENSE - DISABLED PERSON - Amends existing law to provide that
persons with a permanent disability may have a notation imprinted on their
driver's license or identification card to indicate that they have a
permanent disability.
                                                                        
02/07    Senate intro - 1st rdg - to printing
02/08    Rpt prt - to Transp
02/23    Rpt out - to 14th Ord
03/08    Rpt out amen - to engros
03/09    Rpt engros - 1st rdg - to 2nd rdg as amen
03/12    2nd rdg - to 3rd rdg as amen
03/13    3rd rdg as amen - PASSED - 33-0-2
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
      Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
      King-Barrutia, Lee, Lodge, Richardson, Risch, Sandy, Schroeder,
      Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- Noh, Sims
    Floor Sponsor -- Keough
    Title apvd - to House
03/14    House intro - 1st rdg - to Transp
03/21    Rpt out - rec d/p - to 2nd rdg as amen
03/22    2nd rdg - to 3rd rdg as amen
03/26    3rd rdg as amen - PASSED - 64-1-5
      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), Gould,
      Hadley, Hammond, Hansen, Harwood, Henbest(Farley), Higgins, Hornbeck,
      Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
      Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
      Pearce, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Sellman,
      Shepherd, Smylie, Stevenson, Stone, Tilman, Trail, Wood, Young, Mr.
      Speaker
      NAYS -- Smith
      Absent and excused -- Field(20), Gagner, Pischner, Schaefer, Wheeler
    Floor Sponsor -- Shepherd
    Title apvd - to Senate
03/28    To enrol
    Rpt enrol - Pres signed
03/29    Sp signed - to Governor
04/04    Governor signed
         Session Law Chapter 332
         Effective: 01/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1077
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MOTOR VEHICLE DRIVER'S LICENSES AND IDENTIFICATION CARDS; AMENDING
  3        SECTION 49-315, IDAHO CODE, TO PROVIDE THAT PERSONS WITH A DISABILITY  MAY
  4        HAVE  A NOTATION IMPRINTED ON THE PERSON'S DRIVER'S LICENSE INDICATING THE
  5        PERSON HAS A DISABILITY; AND AMENDING SECTION 49-2444, IDAHO CODE, TO PRO-
  6        VIDE THAT PERSONS WITH A DISABILITY MAY HAVE A NOTATION IMPRINTED  ON  THE
  7        PERSON'S IDENTIFICATION CARD INDICATING THE PERSON HAS A DISABILITY AND TO
  8        MAKE TECHNICAL CORRECTIONS.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section  49-315, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        49-315.  LICENSES ISSUED TO DRIVERS. (1) The  department  shall  issue  to
 13    every  qualifying  applicant a distinguishing driver's license as applied for,
 14    which shall bear a distinguishing number assigned to the  licensee,  the  full
 15    name,  date of birth, Idaho residence address, sex, weight, height, eye color,
 16    hair color, color photograph, name of this state, date of  issuance,  date  of
 17    expiration,  license  class,  endorsements,  restrictions, and the applicant's
 18    signature. Driver's licenses for persons under  eighteen  (18)  years  of  age
 19    shall  include  a  notation  "under 18 until (month, day, year)," and driver's
 20    licenses for persons eighteen (18) years of age to twenty-one  (21)  years  of
 21    age  shall include a notation "under 21 until (month, day, year)." No driver's
 22    license shall be valid until it has been signed on the signature line  of  the
 23    license by the licensee.
 24        (2)  Every driver's license shall bear a color photograph of the licensee,
 25    which  shall be taken by the examiner at the time the application is made. The
 26    photograph shall be taken without headgear or other clothing  or  device  that
 27    disguises  or  otherwise  conceals the face or head of the applicant. A waiver
 28    may be granted by the department allowing the applicant to  wear  headgear  or
 29    other  head  covering for medical, religious or safety purposes so long as the
 30    face is not disguised or otherwise concealed. A driver's license may contain a
 31    statement or indication of the medical condition of the licensee.
 32        (3)  The department shall notify the commercial driver license information
 33    system that a class A, B or C driver's license has been issued as required  by
 34    49 CFR part 383.
 35        (4)  A  licensee  desiring  to  donate  any or all organs or tissue in the
 36    event of death, pursuant to the provisions for donation of anatomical gifts as
 37    set forth in chapter 34, title 39, Idaho Code, at the option of the donor  may
 38    indicate  this  desire  on  the driver's license by the imprinting of the word
 39    "donor" on the license.
 40        (5)  A licensee who is a person with a disability  may  request  that  the
 41    notation  "disabled" be imprinted on the driver's license, provided the licen-
 42    see presents written certification from a licensed  physician  verifying  that
 43    the  licensee's  stated  impairment qualifies as a disability according to the
                                                                        
                                           2
                                                                        
  1    provisions of section 49-117, Idaho Code.
                                                                        
  2        SECTION 2.  That Section 49-2444, Idaho Code, be, and the same  is  hereby
  3    amended to read as follows:
                                                                        
  4        49-2444.  IDENTIFICATION  CARD  ISSUED -- FOUR-YEAR OR EIGHT-YEAR. (1) The
  5    department shall issue a distinguishing identification card  which  shall  set
  6    forth the information contained in the application, in a form as prescribed by
  7    the  department. All identification  cards issued on or after January 1, 1993,
  8    shall not contain the  applicant's  social  security  number.  An  applicant's
  9    social  security  number  shall be exempt from disclosure except for inquiries
 10    from agencies or institutions authorized to obtain such information by federal
 11    law or regulation, from peace officers or from jury commissioners.  Each  card
 12    shall  be issued a distinguishing number and shall bear upon it a color photo-
 13    graph of the applicant which shall be taken by the examiner  at  the  time  of
 14    application.  The photograph shall be taken without headgear or other clothing
 15    or device that disguises or otherwise conceals the face or head of the  appli-
 16    cant. A waiver may be granted by the department allowing the applicant to wear
 17    headgear  or  other head covering for medical, religious or safety purposes so
 18    long as the face is not disguised or otherwise concealed.
 19        No person shall receive an identification card unless and until he surren-
 20    ders to the department all identification cards in his  possession  issued  to
 21    him  by Idaho or any other jurisdiction, or any driver's license issued by any
 22    other jurisdiction within the United States, or until he executes an affidavit
 23    that he does not possess an identification card or any driver's license.
 24        Identification cards issued to persons under eighteen (18)  years  of  age
 25    shall  include a notation "under 18 until (month, day, year)," and identifica-
 26    tion cards issued to persons eighteen (18) years of  age  to  twenty-one  (21)
 27    years of age shall include a notation "under 21 until (month, day, year)." The
 28    nonrefundable  fee  for  a  four-year  identification  card  issued to persons
 29    twenty-one (21) years of age or older shall be seven dollars and  fifty  cents
 30    ($7.50)  of  which  five  dollars  ($5.00) shall be retained by the county and
 31    credited to the current expense fund, and two dollars and fifty cents  ($2.50)
 32    shall  be deposited in the state treasury to the credit of the highway distri-
 33    bution account. The nonrefundable fee for identification cards issued to  per-
 34    sons  under  twenty-one (21) years of age shall be six dollars and fifty cents
 35    ($6.50), of which five dollars ($5.00) shall be retained  by  the  county  and
 36    credited  to  the current expense fund, and one dollar and fifty cents ($1.50)
 37    shall be deposited in the state treasury to the credit of the highway  distri-
 38    bution  account.  The  nonrefundable fee for an eight-year identification card
 39    shall be fifteen dollars ($15.00) of  which  ten  dollars  ($10.00)  shall  be
 40    retained by the county and credited to the current expense fund, and five dol-
 41    lars  ($5.00)  shall  be  deposited in the state treasury to the credit of the
 42    highway distribution account. At the option of the applicant, the  identifica-
 43    tion  card  issued  to  a  person  twenty-one (21) years of age or older shall
 44    expire either on the cardholder's birthday in the fourth year  or  the  eighth
 45    year  following  issuance  of  the card. Every identification card issued to a
 46    person under eighteen (18) years of age shall expire five (5) days  after  the
 47    person's  eighteenth  birthday.  Every  identification card issued to a person
 48    eighteen (18) years of age but under twenty-one (21) years of age shall expire
 49    five (5) days after the person's twenty-first birthday.
 50        (2)  Every identification card,  except  those  issued  to  persons  under
 51    twenty-one  (21) years of age, shall be renewable on or before its expiration,
 52    but not more than twelve (12) months before, and upon application and  payment
 53    of the required fee.
                                                                        
                                           3
                                                                        
  1        (3)  When  an  identification  card  has been expired for less than twelve
  2    (12) months, the renewal of the identification card shall start from the orig-
  3    inal date of expiration regardless of the year in which  the  application  for
  4    renewal  is  made.  If the identification card is expired for more than twelve
  5    (12) months, the application shall expire, at the option of the applicant,  on
  6    the applicant's birthday in the fourth year or the eighth year following reis-
  7    suance of the identification card.
  8        (4)  A  person possessing an identification card desiring to donate any or
  9    all organs or tissue in the event of death, pursuant  to  the  provisions  for
 10    donation of anatomical gifts as set forth in chapter 34, title 39, Idaho Code,
 11    at the option of the donor may indicate this desire on the identification card
 12    by the imprinting of the word "donor" on the identification card.
 13        (5)  A  person  possessing  an  identification card who is a person with a
 14    disability may request that the notation "disabled" be imprinted on the  iden-
 15    tification  card,  provided  the  person presents written certification from a
 16    licensed physician verifying that the person's stated impairment qualifies  as
 17    a disability according to the provisions of section 49-117, Idaho Code.
 18        (6)  In the case of a name change, the applicant shall provide legal docu-
 19    mentation to verify the change in accordance with department rules.
 20        (67)  Whenever  any person, after applying for or receiving an identifica-
 21    tion card, shall move from the address shown on  the  application  or  on  the
 22    identification card issued, that person shall, within thirty (30) days, notify
 23    the transportation department in writing of the old and new addresses.
 24        (78)  The department shall cancel any identification card upon determining
 25    that  the  person was not entitled to the issuance of the identification card,
 26    or that the person failed to give the required and correct information in  his
 27    application  or  committed fraud in making the application. Upon cancellation,
 28    the person shall surrender the cancelled canceled identification card  to  the
 29    department.
 30        (89)  If any person shall fail to return to the department the identifica-
 31    tion  card  as required, the department may direct any peace officer to secure
 32    its possession and return the identification card to the department.
 33        (910) The department may issue a no-fee identification card to an individ-
 34    ual whose driver's license has been cancelled canceled and voluntarily surren-
 35    dered as provided in section 49-322(4), Idaho Code.  The  identification  card
 36    may  be  renewed  at  no cost to the applicant as long as the driver's license
 37    remains cancelled canceled.
 38        (101) It is an infraction for any person to fail to notify the  department
 39    of  a  change  of  address as required by the provisions of subsection (67) of
 40    this section.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                                     Moved by    Keough              
                                                                        
                                                     Seconded by Sandy               
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENTS TO S.B. NO. 1077
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill,  in line 40,  following  "with  a"  insert:
  3    "permanent"; in line 41, delete "disabled" and insert: "permanently disabled";
  4    in line 43, following "as a" insert: "permanent".
                                                                        
  5                               AMENDMENTS TO SECTION 2
  6        On  page  3,  in line 13, following "card" insert: "or an applicant for an
  7    identification card"; and also in line 13, following "with a" insert:  "perma-
  8    nent";  in  line 14, delete "disabled" and insert: "permanently disabled"; and
  9    in line 17, delete "disability" and insert: "permanent disability".
                                                                        
 10                                AMENDMENTS TO THE BILL
 11        On page 1, following line 9, insert:
 12        "SECTION 1.  That Section 49-117, Idaho Code, be, and the same  is  hereby
 13    amended to read as follows:
                                                                        
 14        49-117.  DEFINITIONS -- P.
 15        (1)  "Park" or "parking" means the standing of a vehicle, whether occupied
 16    or  not,  other than temporarily for the purpose of and while actually engaged
 17    in loading or unloading property or passengers.
 18        (2)  "Park trailer." (See "Trailer,", section 49-121, Idaho Code)
 19        (3)  "Part-time salesman" means any person employed as a vehicle  salesman
 20    on behalf of a dealer less than thirty (30) hours per week.
 21        (4)  "Peace officer." (See section 19-5101(d), Idaho Code)
 22        (5)  "Pedestrian" means any person afoot and any person operating a wheel-
 23    chair or a motorized wheelchair.
 24        (6)  "Pedestrian  path" means any path, sidewalk or way set-aside and used
 25    exclusively by pedestrians.
 26        (7)  (a)  "Person" means every natural person, firm, fiduciary, copartner-
 27        ship, association, corporation, trustee, receiver or assignee for the ben-
 28        efit of creditors, political subdivision, state  or  federal  governmental
 29        department, agency, or instrumentality, and for the purposes of chapter 22
 30        of  this title shall include a private, common or contract carrier operat-
 31        ing a vehicle on any highway of this state.
 32        (b)  "Person with a disability" means:
 33             (i)   A person who is unable to walk two hundred (200) feet  or  more
 34             unassisted by another person;
 35             (ii)  A  person  who is unable to walk two hundred (200) feet or more
 36             without the aid of  a  walker,  cane,  crutches,  braces,  prosthetic
 37             device or a wheelchair; or
 38             (iii) A  person  who is unable to walk two hundred (200) feet or more
 39             without great difficulty or discomfort due to the  following  impair-
 40             ments: neurological, orthopedic, respiratory, cardiac, arthritic dis-
 41             order, blindness, or the loss of function or absence of a limb.
                                                                        
                                          2
                                                                        
  1             (iv)  For  the  purposes  of chapters 3 and 4 of this title, a person
  2             with a permanent disability is one whose physician certifies that the
  3             person qualifies as a person with a disability pursuant to this  sub-
  4             section  (7)(b),  and  further certifies that there is no expectation
  5             for a fundamental or marked change in the person's condition  at  any
  6             time in the future.
  7        (8)  "Personal  information" means information that identifies an individ-
  8    ual, including an individual's photograph or computerized  image, social secu-
  9    rity number, driver identification number, name,  address,  telephone  number,
 10    and  medical  or  disability  information, but does not include information on
 11    vehicular accidents, driving or  equipment-related violations, the  five-digit
 12    zip  code  of the person's address, or status of the driver's license or motor
 13    vehicle registration.
 14        (9)  "Pneumatic tire." (See "Tires,", section 49-121, Idaho Code)
 15        (10) "Pole trailer." (See "Trailer,", section 49-121, Idaho Code)
 16        (11) "Possessory lien" means a lien dependent upon possession for  compen-
 17    sation  to which a person is legally entitled for making repairs or performing
 18    labor upon, and furnishing supplies or materials  for,  and  for  the  towing,
 19    storage, repair, or safekeeping of, any vehicle of a type subject to registra-
 20    tion.
 21        (12) "Possessory  lienholder"  means any person claiming a lien, that lien
 22    claimed to have accrued on a basis of services rendered to the  vehicle  which
 23    is the subject of the lien.
 24        (13) "Preceding  year"  means,  for  the purposes of section 49-435, Idaho
 25    Code, a period of twelve (12) consecutive  months  fixed  by  the  department,
 26    prior to July 1 of the year immediately preceding the commencement of the reg-
 27    istration  or  license year for which proportional registration is sought. The
 28    department in fixing the period shall make it conform to the terms, conditions
 29    and requirements of any applicable agreement or arrangement  for  the  propor-
 30    tional registration of vehicles.
 31        (14) "Pressure regulator valve" means a device or system which governs the
 32    load  distribution and controls the weight borne by a variable load suspension
 33    axle in accordance with a predetermined valve setting.
 34        (15) "Principal place of business" means an enclosed commercial  structure
 35    located within the state, easily accessible and open to the public at all rea-
 36    sonable  times, with an improved display area large enough to display five (5)
 37    or more vehicles of the type the  dealer  is  licensed  to  sell,  immediately
 38    adjoining  the  building, and at which the business of a dealer, including the
 39    display and repair of vehicles, may be lawfully carried on in accordance  with
 40    the  terms of all applicable building codes, zoning and other land-use regula-
 41    tory ordinances, and in which building the public shall be able to contact the
 42    dealer or his salesmen in person or by telephone at all reasonable times,  and
 43    at which place of business shall be kept and maintained the books, records and
 44    files necessary to conduct the business. The principal place of business shall
 45    display  an  exterior  sign  permanently affixed to the land or building, with
 46    letters clearly visible to the major avenue of traffic. In no  event  shall  a
 47    room or rooms in a hotel, rooming house, or apartment house building or a part
 48    of any single or multiple unit dwelling house be considered a "principal place
 49    of  business"  within the terms and provisions of this title unless the entire
 50    ground floor of that hotel, apartment house,  or  rooming  house  building  or
 51    dwelling house be devoted principally to and occupied for commercial purposes,
 52    and the office or offices of the dealer be located on the ground floor.
 53        (16) "Private  property  open to the public" means real property not owned
 54    by the federal government or the state of Idaho or any of its political subdi-
 55    visions, but is available for vehicular traffic or parking by the general pub-
                                                                        
                                          3
                                                                        
  1    lic with the permission of the owner or agent of the real property.
  2        (17) "Private road"  means every way or place  in  private  ownership  and
  3    used  for  vehicular  travel  by the owner and those having express or implied
  4    permission from the owner, but not by other persons.
  5        (18) "Proof of  financial  responsibility"  means   proof  of  ability  to
  6    respond in damages for liability, on account of accidents occurring subsequent
  7    to  the effective date of the proof, arising out of the ownership, maintenance
  8    or use of a motor vehicle, in  the  amount  of  twenty-five  thousand  dollars
  9    ($25,000)  because  of  bodily injury to or death of one (1) person in any one
 10    (1) accident, and, subject to the limit for one (1) person, in the  amount  of
 11    fifty  thousand  dollars ($50,000) because of bodily injury to or death of two
 12    (2) or more persons in any one (1) accident, and  in  the  amount  of  fifteen
 13    thousand  dollars ($15,000) because of injury to or destruction of property of
 14    others in any one (1) accident.
 15        (19) "Proper authority" means a public highway agency.
 16        (20) "Public highway agency" means the  state  transportation  department,
 17    any  city, county, highway district or any other state agency which has juris-
 18    diction over public highway systems and public rights-of-way.
 19        (21) "Public right-of-way" means a right-of-way open  to  the  public  and
 20    under  the  jurisdiction  of a public highway agency, where the public highway
 21    agency has no obligation to construct or maintain said right-of-way for vehic-
 22    ular traffic.
 23        (22) "Public road jurisdiction" means a public highway agency.
 24        (23) "Purchase." (See "Sell," "sold," and  "buy,"  section  49-120,  Idaho
 25    Code)";
 26    and in line 10, delete "SECTION 1" and insert: "SECTION 2".
 27    On page 2, following line 1, insert:
 28        "SECTION  3.  That  Section 49-318, Idaho Code, be, and the same is hereby
 29    amended to read as follows:
                                                                        
 30        49-318.  DUPLICATE DRIVER LICENSES AND SUBSTITUTE PERMITS. (1) The  holder
 31    of  any  instruction  permit, class A, B, C, or D or seasonal driver's license
 32    which is lost or destroyed, or a licensee whose name is legally  changed,  may
 33    apply  for  a  duplicate  driver's  license  or substitute permit. A duplicate
 34    driver's license or substitute permit will be issued upon:
 35        (a)  Payment of the fee as provided in section 49-306, Idaho Code;
 36        (b)  Furnishing satisfactory proof that the permit, class A, B, C, or D or
 37        seasonal driver's  license  has  been  lost  or  destroyed,  or  that  the
 38        licensee's name has been legally changed; and
 39        (c)  Furnishing  proof of the applicant's identity acceptable to the exam-
 40        iner or the department and date of birth as set forth in  a certified copy
 41        of his birth certificate when obtainable, or another document  which  pro-
 42        vides  evidence  of a person's date of birth acceptable to the examiner or
 43        department. In the case of a name  change,  the  applicant  shall  provide
 44        legal documentation acceptable to the department to verify the change.
 45        (2)  A  duplicate  driver's  license  or  substitute  permit  shall not be
 46    issued, as provided in subsection (1) of this section, if the license or  per-
 47    mit is suspended, revoked, canceled or disqualified in this state or any other
 48    jurisdiction  or  if  the  applicant  has  applied  for, or has been issued, a
 49    license or permit in another jurisdiction.
 50        (3)  The holder of any instruction permit, class A, B, C or D or  seasonal
 51    driver's  license who requests a duplicate driver's license or substitute per-
 52    mit as provided in subsection (1) of this section, may request that the  nota-
 53    tion  "permanently  disabled"  be  imprinted  on the permit or license and the
 54    department shall imprint "permanently disabled" on the permit or license if:
                                                                        
                                          4
                                                                        
  1        (a)  The person has a permanent disability; and
  2        (b)  The person presents written certification from a  licensed  physician
  3        verifying  that  the  person's  stated impairment qualifies as a permanent
  4        disability as provided in section 49-117, Idaho Code; and
  5        (c)  The department determines that the person meets the requirements  for
  6        issuance  of  a  permit  or  license as specified in section 49-313, Idaho
  7        Code.
                                                                        
  8        SECTION 4.  That Section 49-319, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:
                                                                        
 10        49-319.  EXPIRATION  AND RENEWAL OF DRIVER'S LICENSE. (1) Every noncommer-
 11    cial Idaho driver's license issued to a driver shall expire and  be  renewable
 12    as follows:
 13        (a)  Twenty-one  (21) years of age or older shall expire on the licensee's
 14        birthday in the  fourth  year  following  the  issuance  of  the  driver's
 15        license.
 16        (b)  At  the option of the applicant, for drivers twenty-one (21) years of
 17        age through sixty-two (62) years of age, the driver's license shall expire
 18        either on the licensee's birthday in the fourth year or  the  eighth  year
 19        following the issuance of the driver's license.
 20        (c)  Every  driver's  license issued to a driver under eighteen (18) years
 21        of age shall expire five (5) days after the licensee's  eighteenth  birth-
 22        day.
 23        (d)  Every  driver's license issued to a driver eighteen (18) years of age
 24        but under twenty-one (21) years of age shall expire five  (5)  days  after
 25        the licensee's twenty-first birthday.
 26        (e)  Except licenses issued to drivers under twenty-one (21) years of age,
 27        every driver's license that is not, as provided by law, suspended, revoked
 28        or disqualified in this state or any other jurisdiction shall be renewable
 29        on  or before its expiration, but not more than twelve (12) months before,
 30        upon application, payment of the required fee, and satisfactory completion
 31        of the required eyesight examination.
 32        (2)  Every commercial driver's license issued to a person twenty-one  (21)
 33    years  of  age  or older shall expire on the licensee's birthday in the fourth
 34    year following issuance of the license, and any Class A, B or C license issued
 35    to a person eighteen (18), nineteen (19) or twenty (20)  years  of  age  shall
 36    expire  five  (5) days after the licensee's twenty-first birthday. There shall
 37    be no option for an eight-year Class A, B or C license.
 38        (3)  An applicant who is issued a driver's license in another jurisdiction
 39    after an Idaho driver's license has been issued is not eligible for renewal or
 40    a duplicate of the Idaho driver's license. The applicant may apply for  a  new
 41    Idaho driver's license as provided in section 49-306, Idaho Code.
 42        (4)  No  knowledge  test  shall  be  required  for  renewal  of a driver's
 43    license, except for renewal of a hazardous material  endorsement.  Appropriate
 44    knowledge  and  skill  tests  shall  be  required for an upgrade in a driver's
 45    license class or an endorsement addition. In the case of a  name  change,  the
 46    applicant shall provide legal documentation to verify the change in accordance
 47    with department rules.
 48        (5)  Except  for  drivers  under  twenty-one  (21)  years  of  age, when a
 49    driver's  license has been expired for fewer  than  twelve  (12)  months,  the
 50    renewal  of the driver's license shall start from the original date of expira-
 51    tion regardless of the year in which the application for renewal is  made.  If
 52    the  driver's license is expired for twelve (12) months or more, the applicant
 53    shall be required to take the knowledge, skills for the class  of  license  or
                                                                        
                                          5
                                                                        
  1    endorsement  being  applied  for,  and  vision tests and the application shall
  2    expire on the licensee's birthday in the fourth year following issuance of the
  3    driver's license for drivers twenty-one (21) years of age  or  older.  At  the
  4    option  of  the  applicant,  for  drivers twenty-one (21) years of age through
  5    sixty-two (62) years of age, the renewed license shall expire  either  on  the
  6    licensee's birthday in the fourth year or the eighth year following issuance.
  7        (6)  (a)  If  a driver's license has expired or will expire and the licen-
  8        see is temporarily out-of-state except on active military  duty,  and  the
  9        driver's  license  has  not,  as provided by law, been suspended, revoked,
 10        cancelled canceled, denied, refused  or  disqualified,  the  licensee  may
 11        request  in writing on a form prescribed by the department an extension of
 12        the driver's license. The request shall be accompanied by the fee fixed in
 13        section 49-306, Idaho Code, and the extension shall be less than a  twelve
 14        (12)  month  period. If the department determines that an extension of the
 15        driver's license is necessary, it may issue  a  certificate  of  extension
 16        showing  the  date  to which the expired driver's license is extended, and
 17        this certificate shall be attached to the expired driver's  license.  Cer-
 18        tificates of extension are limited to two (2) per licensee.
 19        (b)  Upon  returning  to the state of Idaho, the licensee shall within ten
 20        (10) days, apply for a renewal of the expired driver's license and surren-
 21        der the certificate of extension and the expired driver's license.
 22        (c)  A hazardous material endorsement cannot be extended.
 23        (7)  An Idaho driver's license issued to any person prior  to  serving  on
 24    active duty in the armed forces of the United States, or a member of the imme-
 25    diate family accompanying such a person, if valid and in full force and effect
 26    upon  entering  active  duty, shall remain in full force and effect and shall,
 27    upon application, be extended for a period of four (4) years so long as active
 28    duty continues, if the driver's license is not  suspended,  denied,  disquali-
 29    fied,  cancelled  canceled  or  revoked, as provided by law, during the active
 30    duty, and the driver's license shall remain in full  force  and  effect  sixty
 31    (60) days following the date the holder is released from active duty.
 32        (8)  The  department  may use a mail renewal process for four-year class D
 33    licenses based on criteria established by rule.
 34        (9)  A seasonal driver's license is only valid for a  one  hundred  eighty
 35    (180)  day  period  from  the date of issuance. Only one (1) seasonal driver's
 36    license may be obtained in any twelve (12)  month  period,  and  may  only  be
 37    obtained twice in a driver's lifetime.
 38        (10) A  person  who  applies for renewal of a license may request that the
 39    notation "permanently disabled" be imprinted on the license and the department
 40    shall imprint "permanently disabled" on the license if:
 41        (a)  The person has a permanent disability; and
 42        (b)  The person presents written certification from a  licensed  physician
 43        verifying  that  the  person's  stated impairment qualifies as a permanent
 44        disability as provided in section 49-117, Idaho Code; and
 45        (c)  The department determines that the person meets the requirements  for
 46        issuance of a license as specified in section 49-313, Idaho Code.";
 47    on  page 2, in line 2, delete "SECTION 2" and insert: "SECTION 5"; and on page
 48    3, following line 40, insert:
 49        "SECTION 6.  This act shall be in full force and effect on and after Janu-
 50    ary 1, 2002.".
                                                                        
 51                                 CORRECTIONS TO TITLE
 52        On page 1, in line 2, following "AMENDING" insert: "SECTION 49-117,  IDAHO
 53    CODE,  TO EXPAND THE DEFINITION OF "PERSON WITH A DISABILITY" TO PROVIDE FOR A
 54    PERMANENT DISABILITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING"; in line  3,
                                                                        
                                          6
                                                                        
  1    following  "WITH  A" insert: "PERMANENT"; in line 5, delete "PERSON HAS A DIS-
  2    ABILITY; AND" and insert: "PERSON HAS A PERMANENT DISABILITY; AMENDING SECTION
  3    49-318, IDAHO CODE, TO PROVIDE THAT PERSONS WITH A  PERMANENT  DISABILITY  MAY
  4    HAVE  A  NOTATION IMPRINTED ON THE PERSON'S DUPLICATE DRIVER'S LICENSE OR SUB-
  5    STITUTE PERMIT INDICATING THE PERSON HAS A  PERMANENT  DISABILITY  IF  CERTAIN
  6    REQUIREMENTS  ARE  MET  AND  TO  MAKE  TECHNICAL CORRECTIONS; AMENDING SECTION
  7    49-319, IDAHO CODE, TO PROVIDE THAT PERSONS WITH A  PERMANENT  DISABILITY  WHO
  8    ARE  APPLYING  FOR RENEWAL OF A DRIVER'S LICENSE MAY HAVE A NOTATION IMPRINTED
  9    ON THE PERSON'S DRIVER'S LICENSE INDICATING THE PERSON HAS  A  PERMANENT  DIS-
 10    ABILITY  IF  CERTAIN  REQUIREMENTS  ARE  MET;"; in line 6, following  "WITH A"
 11    insert: "PERMANENT"; in line 7, following "HAS A" insert: "PERMANENT"; and  in
 12    line 8, following "CORRECTIONS" insert: "; AND PROVIDING AN EFFECTIVE DATE".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1077, As Amended
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MOTOR VEHICLE DRIVER'S LICENSES AND IDENTIFICATION CARDS; AMENDING
  3        SECTION 49-117, IDAHO CODE, TO EXPAND THE DEFINITION  OF  "PERSON  WITH  A
  4        DISABILITY"  TO  PROVIDE  FOR A PERMANENT DISABILITY AND TO MAKE TECHNICAL
  5        CORRECTIONS; AMENDING SECTION 49-315, IDAHO CODE, TO PROVIDE THAT  PERSONS
  6        WITH  A PERMANENT DISABILITY MAY HAVE A NOTATION IMPRINTED ON THE PERSON'S
  7        DRIVER'S LICENSE INDICATING THE PERSON HAS A PERMANENT DISABILITY;  AMEND-
  8        ING  SECTION  49-318, IDAHO CODE, TO PROVIDE THAT PERSONS WITH A PERMANENT
  9        DISABILITY MAY  HAVE  A  NOTATION  IMPRINTED  ON  THE  PERSON'S  DUPLICATE
 10        DRIVER'S  LICENSE  OR SUBSTITUTE PERMIT INDICATING THE PERSON HAS A PERMA-
 11        NENT DISABILITY IF CERTAIN REQUIREMENTS ARE MET AND TO MAKE TECHNICAL COR-
 12        RECTIONS; AMENDING SECTION 49-319, IDAHO CODE,  TO  PROVIDE  THAT  PERSONS
 13        WITH  A  PERMANENT  DISABILITY  WHO ARE APPLYING FOR RENEWAL OF A DRIVER'S
 14        LICENSE MAY HAVE A NOTATION IMPRINTED ON  THE  PERSON'S  DRIVER'S  LICENSE
 15        INDICATING  THE  PERSON HAS A PERMANENT DISABILITY IF CERTAIN REQUIREMENTS
 16        ARE MET; AND AMENDING SECTION 49-2444, IDAHO CODE, TO PROVIDE THAT PERSONS
 17        WITH A PERMANENT DISABILITY MAY HAVE A NOTATION IMPRINTED ON THE  PERSON'S
 18        IDENTIFICATION  CARD  INDICATING THE PERSON HAS A PERMANENT DISABILITY AND
 19        TO MAKE TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
 20    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 21        SECTION 1.  That Section 49-117, Idaho Code, be, and the  same  is  hereby
 22    amended to read as follows:
                                                                        
 23        49-117.  DEFINITIONS -- P.
 24        (1)  "Park" or "parking" means the standing of a vehicle, whether occupied
 25    or  not,  other than temporarily for the purpose of and while actually engaged
 26    in loading or unloading property or passengers.
 27        (2)  "Park trailer." (See "Trailer,", section 49-121, Idaho Code)
 28        (3)  "Part-time salesman" means any person employed as a vehicle  salesman
 29    on behalf of a dealer less than thirty (30) hours per week.
 30        (4)  "Peace officer." (See section 19-5101(d), Idaho Code)
 31        (5)  "Pedestrian" means any person afoot and any person operating a wheel-
 32    chair or a motorized wheelchair.
 33        (6)  "Pedestrian  path" means any path, sidewalk or way set-aside and used
 34    exclusively by pedestrians.
 35        (7)  (a)  "Person" means every natural person, firm, fiduciary, copartner-
 36        ship, association, corporation, trustee, receiver or assignee for the ben-
 37        efit of creditors, political subdivision, state  or  federal  governmental
 38        department, agency, or instrumentality, and for the purposes of chapter 22
 39        of  this title shall include a private, common or contract carrier operat-
 40        ing a vehicle on any highway of this state.
 41        (b)  "Person with a disability" means:
 42             (i)   A person who is unable to walk two hundred (200) feet  or  more
 43             unassisted by another person;
                                                                        
                                           2
                                                                        
  1             (ii)  A  person  who is unable to walk two hundred (200) feet or more
  2             without the aid of  a  walker,  cane,  crutches,  braces,  prosthetic
  3             device or a wheelchair; or
  4             (iii) A  person  who is unable to walk two hundred (200) feet or more
  5             without great difficulty or discomfort due to the  following  impair-
  6             ments: neurological, orthopedic, respiratory, cardiac, arthritic dis-
  7             order, blindness, or the loss of function or absence of a limb.
  8             (iv)  For  the  purposes  of chapters 3 and 4 of this title, a person
  9             with a permanent disability is one whose physician certifies that the
 10             person qualifies as a person with a disability pursuant to this  sub-
 11             section  (7)(b),  and  further certifies that there is no expectation
 12             for a fundamental or marked change in the person's condition  at  any
 13             time in the future.
 14        (8)  "Personal  information" means information that identifies an individ-
 15    ual, including an individual's photograph or computerized  image, social secu-
 16    rity number, driver identification number, name,  address,  telephone  number,
 17    and  medical  or  disability  information, but does not include information on
 18    vehicular accidents, driving or  equipment-related violations, the  five-digit
 19    zip  code  of the person's address, or status of the driver's license or motor
 20    vehicle registration.
 21        (9)  "Pneumatic tire." (See "Tires,", section 49-121, Idaho Code)
 22        (10) "Pole trailer." (See "Trailer,", section 49-121, Idaho Code)
 23        (11) "Possessory lien" means a lien dependent upon possession for  compen-
 24    sation  to which a person is legally entitled for making repairs or performing
 25    labor upon, and furnishing supplies or materials  for,  and  for  the  towing,
 26    storage, repair, or safekeeping of, any vehicle of a type subject to registra-
 27    tion.
 28        (12) "Possessory  lienholder"  means any person claiming a lien, that lien
 29    claimed to have accrued on a basis of services rendered to the  vehicle  which
 30    is the subject of the lien.
 31        (13) "Preceding  year"  means,  for  the purposes of section 49-435, Idaho
 32    Code, a period of twelve (12) consecutive  months  fixed  by  the  department,
 33    prior to July 1 of the year immediately preceding the commencement of the reg-
 34    istration  or  license year for which proportional registration is sought. The
 35    department in fixing the period shall make it conform to the terms, conditions
 36    and requirements of any applicable agreement or arrangement  for  the  propor-
 37    tional registration of vehicles.
 38        (14) "Pressure regulator valve" means a device or system which governs the
 39    load  distribution and controls the weight borne by a variable load suspension
 40    axle in accordance with a predetermined valve setting.
 41        (15) "Principal place of business" means an enclosed commercial  structure
 42    located within the state, easily accessible and open to the public at all rea-
 43    sonable  times, with an improved display area large enough to display five (5)
 44    or more vehicles of the type the  dealer  is  licensed  to  sell,  immediately
 45    adjoining  the  building, and at which the business of a dealer, including the
 46    display and repair of vehicles, may be lawfully carried on in accordance  with
 47    the  terms of all applicable building codes, zoning and other land-use regula-
 48    tory ordinances, and in which building the public shall be able to contact the
 49    dealer or his salesmen in person or by telephone at all reasonable times,  and
 50    at which place of business shall be kept and maintained the books, records and
 51    files necessary to conduct the business. The principal place of business shall
 52    display  an  exterior  sign  permanently affixed to the land or building, with
 53    letters clearly visible to the major avenue of traffic. In no  event  shall  a
 54    room or rooms in a hotel, rooming house, or apartment house building or a part
 55    of any single or multiple unit dwelling house be considered a "principal place
                                                                        
                                           3
                                                                        
  1    of  business"  within the terms and provisions of this title unless the entire
  2    ground floor of that hotel, apartment house,  or  rooming  house  building  or
  3    dwelling house be devoted principally to and occupied for commercial purposes,
  4    and the office or offices of the dealer be located on the ground floor.
  5        (16) "Private  property  open to the public" means real property not owned
  6    by the federal government or the state of Idaho or any of its political subdi-
  7    visions, but is available for vehicular traffic or parking by the general pub-
  8    lic with the permission of the owner or agent of the real property.
  9        (17) "Private road"  means every way or place  in  private  ownership  and
 10    used  for  vehicular  travel  by the owner and those having express or implied
 11    permission from the owner, but not by other persons.
 12        (18) "Proof of  financial  responsibility"  means   proof  of  ability  to
 13    respond in damages for liability, on account of accidents occurring subsequent
 14    to  the effective date of the proof, arising out of the ownership, maintenance
 15    or use of a motor vehicle, in  the  amount  of  twenty-five  thousand  dollars
 16    ($25,000)  because  of  bodily injury to or death of one (1) person in any one
 17    (1) accident, and, subject to the limit for one (1) person, in the  amount  of
 18    fifty  thousand  dollars ($50,000) because of bodily injury to or death of two
 19    (2) or more persons in any one (1) accident, and  in  the  amount  of  fifteen
 20    thousand  dollars ($15,000) because of injury to or destruction of property of
 21    others in any one (1) accident.
 22        (19) "Proper authority" means a public highway agency.
 23        (20) "Public highway agency" means the  state  transportation  department,
 24    any  city, county, highway district or any other state agency which has juris-
 25    diction over public highway systems and public rights-of-way.
 26        (21) "Public right-of-way" means a right-of-way open  to  the  public  and
 27    under  the  jurisdiction  of a public highway agency, where the public highway
 28    agency has no obligation to construct or maintain said right-of-way for vehic-
 29    ular traffic.
 30        (22) "Public road jurisdiction" means a public highway agency.
 31        (23) "Purchase." (See "Sell," "sold," and  "buy,"  section  49-120,  Idaho
 32    Code)
                                                                        
 33        SECTION  2.  That  Section  49-315, Idaho Code, be, and the same is hereby
 34    amended to read as follows:
                                                                        
 35        49-315.  LICENSES ISSUED TO DRIVERS. (1) The  department  shall  issue  to
 36    every  qualifying  applicant a distinguishing driver's license as applied for,
 37    which shall bear a distinguishing number assigned to the  licensee,  the  full
 38    name,  date of birth, Idaho residence address, sex, weight, height, eye color,
 39    hair color, color photograph, name of this state, date of  issuance,  date  of
 40    expiration,  license  class,  endorsements,  restrictions, and the applicant's
 41    signature. Driver's licenses for persons under  eighteen  (18)  years  of  age
 42    shall  include  a  notation  "under 18 until (month, day, year)," and driver's
 43    licenses for persons eighteen (18) years of age to twenty-one  (21)  years  of
 44    age  shall include a notation "under 21 until (month, day, year)." No driver's
 45    license shall be valid until it has been signed on the signature line  of  the
 46    license by the licensee.
 47        (2)  Every driver's license shall bear a color photograph of the licensee,
 48    which  shall be taken by the examiner at the time the application is made. The
 49    photograph shall be taken without headgear or other clothing  or  device  that
 50    disguises  or  otherwise  conceals the face or head of the applicant. A waiver
 51    may be granted by the department allowing the applicant to  wear  headgear  or
 52    other  head  covering for medical, religious or safety purposes so long as the
 53    face is not disguised or otherwise concealed. A driver's license may contain a
                                                                        
                                           4
                                                                        
  1    statement or indication of the medical condition of the licensee.
  2        (3)  The department shall notify the commercial driver license information
  3    system that a class A, B or C driver's license has been issued as required  by
  4    49 CFR part 383.
  5        (4)  A  licensee  desiring  to  donate  any or all organs or tissue in the
  6    event of death, pursuant to the provisions for donation of anatomical gifts as
  7    set forth in chapter 34, title 39, Idaho Code, at the option of the donor  may
  8    indicate  this  desire  on  the driver's license by the imprinting of the word
  9    "donor" on the license.
 10        (5)  A licensee who is a person with a permanent  disability  may  request
 11    that the notation "permanently disabled" be imprinted on the driver's license,
 12    provided the licensee presents written certification from a licensed physician
 13    verifying  that the licensee's stated impairment qualifies as a permanent dis-
 14    ability according to the provisions of section 49-117, Idaho Code.
                                                                        
 15        SECTION 3.  That Section 49-318, Idaho Code, be, and the  same  is  hereby
 16    amended to read as follows:
                                                                        
 17        49-318.  DUPLICATE  DRIVER LICENSES AND SUBSTITUTE PERMITS. (1) The holder
 18    of any instruction permit, class A, B, C, or D or  seasonal  driver's  license
 19    which  is  lost or destroyed, or a licensee whose name is legally changed, may
 20    apply for a duplicate driver's  license  or  substitute  permit.  A  duplicate
 21    driver's license or substitute permit will be issued upon:
 22        (a)  Payment of the fee as provided in section 49-306, Idaho Code;
 23        (b)  Furnishing satisfactory proof that the permit, class A, B, C, or D or
 24        seasonal  driver's  license  has  been  lost  or  destroyed,  or  that the
 25        licensee's name has been legally changed; and
 26        (c)  Furnishing proof of the applicant's identity acceptable to the  exam-
 27        iner or the department and date of birth as set forth in  a certified copy
 28        of  his  birth certificate when obtainable, or another document which pro-
 29        vides evidence of a person's date of birth acceptable to the  examiner  or
 30        department.  In  the  case  of  a name change, the applicant shall provide
 31        legal documentation acceptable to the department to verify the change.
 32        (2)  A duplicate driver's  license  or  substitute  permit  shall  not  be
 33    issued,  as provided in subsection (1) of this section, if the license or per-
 34    mit is suspended, revoked, canceled or disqualified in this state or any other
 35    jurisdiction or if the applicant has  applied  for,  or  has  been  issued,  a
 36    license or permit in another jurisdiction.
 37        (3)  The  holder of any instruction permit, class A, B, C or D or seasonal
 38    driver's license who requests a duplicate driver's license or substitute  per-
 39    mit  as provided in subsection (1) of this section, may request that the nota-
 40    tion "permanently disabled" be imprinted on the  permit  or  license  and  the
 41    department shall imprint "permanently disabled" on the permit or license if:
 42        (a)  The person has a permanent disability; and
 43        (b)  The  person  presents written certification from a licensed physician
 44        verifying that the person's stated impairment  qualifies  as  a  permanent
 45        disability as provided in section 49-117, Idaho Code; and
 46        (c)  The  department determines that the person meets the requirements for
 47        issuance of a permit or license as  specified  in  section  49-313,  Idaho
 48        Code.
                                                                        
 49        SECTION  4.  That  Section  49-319, Idaho Code, be, and the same is hereby
 50    amended to read as follows:
                                                                        
 51        49-319.  EXPIRATION AND RENEWAL OF DRIVER'S LICENSE. (1) Every  noncommer-
                                                                        
                                           5
                                                                        
  1    cial  Idaho  driver's license issued to a driver shall expire and be renewable
  2    as follows:
  3        (a)  Twenty-one (21) years of age or older shall expire on the  licensee's
  4        birthday  in  the  fourth  year  following  the  issuance  of the driver's
  5        license.
  6        (b)  At the option of the applicant, for drivers twenty-one (21) years  of
  7        age through sixty-two (62) years of age, the driver's license shall expire
  8        either  on  the  licensee's birthday in the fourth year or the eighth year
  9        following the issuance of the driver's license.
 10        (c)  Every driver's license issued to a driver under eighteen  (18)  years
 11        of  age  shall expire five (5) days after the licensee's eighteenth birth-
 12        day.
 13        (d)  Every driver's license issued to a driver eighteen (18) years of  age
 14        but  under  twenty-one  (21) years of age shall expire five (5) days after
 15        the licensee's twenty-first birthday.
 16        (e)  Except licenses issued to drivers under twenty-one (21) years of age,
 17        every driver's license that is not, as provided by law, suspended, revoked
 18        or disqualified in this state or any other jurisdiction shall be renewable
 19        on or before its expiration, but not more than twelve (12) months  before,
 20        upon application, payment of the required fee, and satisfactory completion
 21        of the required eyesight examination.
 22        (2)  Every  commercial driver's license issued to a person twenty-one (21)
 23    years of age or older shall expire on the licensee's birthday  in  the  fourth
 24    year following issuance of the license, and any Class A, B or C license issued
 25    to  a  person  eighteen  (18), nineteen (19) or twenty (20) years of age shall
 26    expire five (5) days after the licensee's twenty-first birthday.  There  shall
 27    be no option for an eight-year Class A, B or C license.
 28        (3)  An applicant who is issued a driver's license in another jurisdiction
 29    after an Idaho driver's license has been issued is not eligible for renewal or
 30    a  duplicate  of the Idaho driver's license. The applicant may apply for a new
 31    Idaho driver's license as provided in section 49-306, Idaho Code.
 32        (4)  No knowledge test  shall  be  required  for  renewal  of  a  driver's
 33    license,  except  for renewal of a hazardous material endorsement. Appropriate
 34    knowledge and skill tests shall be required  for  an  upgrade  in  a  driver's
 35    license  class  or  an endorsement addition. In the case of a name change, the
 36    applicant shall provide legal documentation to verify the change in accordance
 37    with department rules.
 38        (5)  Except for drivers  under  twenty-one  (21)  years  of  age,  when  a
 39    driver's    license  has  been  expired for fewer than twelve (12) months, the
 40    renewal of the driver's license shall start from the original date of  expira-
 41    tion  regardless  of the year in which the application for renewal is made. If
 42    the driver's license is expired for twelve (12) months or more, the  applicant
 43    shall  be  required  to take the knowledge, skills for the class of license or
 44    endorsement being applied for, and vision  tests  and  the  application  shall
 45    expire on the licensee's birthday in the fourth year following issuance of the
 46    driver's  license  for  drivers  twenty-one (21) years of age or older. At the
 47    option of the applicant, for drivers twenty-one  (21)  years  of  age  through
 48    sixty-two  (62)  years  of age, the renewed license shall expire either on the
 49    licensee's birthday in the fourth year or the eighth year following issuance.
 50        (6)  (a)  If a driver's license has expired or will expire and the  licen-
 51        see  is  temporarily  out-of-state except on active military duty, and the
 52        driver's license has not, as provided by  law,  been  suspended,  revoked,
 53        cancelled  canceled,  denied,  refused  or  disqualified, the licensee may
 54        request in writing on a form prescribed by the department an extension  of
 55        the driver's license. The request shall be accompanied by the fee fixed in
                                                                        
                                           6
                                                                        
  1        section  49-306, Idaho Code, and the extension shall be less than a twelve
  2        (12) month period. If the department determines that an extension  of  the
  3        driver's  license  is  necessary,  it may issue a certificate of extension
  4        showing the date to which the expired driver's license  is  extended,  and
  5        this  certificate  shall be attached to the expired driver's license. Cer-
  6        tificates of extension are limited to two (2) per licensee.
  7        (b)  Upon returning to the state of Idaho, the licensee shall  within  ten
  8        (10) days, apply for a renewal of the expired driver's license and surren-
  9        der the certificate of extension and the expired driver's license.
 10        (c)  A hazardous material endorsement cannot be extended.
 11        (7)  An  Idaho  driver's  license issued to any person prior to serving on
 12    active duty in the armed forces of the United States, or a member of the imme-
 13    diate family accompanying such a person, if valid and in full force and effect
 14    upon entering active duty, shall remain in full force and  effect  and  shall,
 15    upon application, be extended for a period of four (4) years so long as active
 16    duty  continues,  if  the driver's license is not suspended, denied, disquali-
 17    fied, cancelled canceled or revoked, as provided by  law,  during  the  active
 18    duty,  and  the  driver's  license shall remain in full force and effect sixty
 19    (60) days following the date the holder is released from active duty.
 20        (8)  The department may use a mail renewal process for four-year  class  D
 21    licenses based on criteria established by rule.
 22        (9)  A  seasonal  driver's  license is only valid for a one hundred eighty
 23    (180) day period from the date of issuance. Only  one  (1)  seasonal  driver's
 24    license  may  be  obtained  in  any  twelve (12) month period, and may only be
 25    obtained twice in a driver's lifetime.
 26        (10) A person who applies for renewal of a license may  request  that  the
 27    notation "permanently disabled" be imprinted on the license and the department
 28    shall imprint "permanently disabled" on the license if:
 29        (a)  The person has a permanent disability; and
 30        (b)  The  person  presents written certification from a licensed physician
 31        verifying that the person's stated impairment  qualifies  as  a  permanent
 32        disability as provided in section 49-117, Idaho Code; and
 33        (c)  The  department determines that the person meets the requirements for
 34        issuance of a license as specified in section 49-313, Idaho Code.
                                                                        
 35        SECTION 5.  That Section 49-2444, Idaho Code, be, and the same  is  hereby
 36    amended to read as follows:
                                                                        
 37        49-2444.  IDENTIFICATION  CARD  ISSUED -- FOUR-YEAR OR EIGHT-YEAR. (1) The
 38    department shall issue a distinguishing identification card  which  shall  set
 39    forth the information contained in the application, in a form as prescribed by
 40    the  department. All identification  cards issued on or after January 1, 1993,
 41    shall not contain the  applicant's  social  security  number.  An  applicant's
 42    social  security  number  shall be exempt from disclosure except for inquiries
 43    from agencies or institutions authorized to obtain such information by federal
 44    law or regulation, from peace officers or from jury commissioners.  Each  card
 45    shall  be issued a distinguishing number and shall bear upon it a color photo-
 46    graph of the applicant which shall be taken by the examiner  at  the  time  of
 47    application.  The photograph shall be taken without headgear or other clothing
 48    or device that disguises or otherwise conceals the face or head of the  appli-
 49    cant. A waiver may be granted by the department allowing the applicant to wear
 50    headgear  or  other head covering for medical, religious or safety purposes so
 51    long as the face is not disguised or otherwise concealed.
 52        No person shall receive an identification card unless and until he surren-
 53    ders to the department all identification cards in his  possession  issued  to
                                                                        
                                           7
                                                                        
  1    him  by Idaho or any other jurisdiction, or any driver's license issued by any
  2    other jurisdiction within the United States, or until he executes an affidavit
  3    that he does not possess an identification card or any driver's license.
  4        Identification cards issued to persons under eighteen (18)  years  of  age
  5    shall  include a notation "under 18 until (month, day, year)," and identifica-
  6    tion cards issued to persons eighteen (18) years of  age  to  twenty-one  (21)
  7    years of age shall include a notation "under 21 until (month, day, year)." The
  8    nonrefundable  fee  for  a  four-year  identification  card  issued to persons
  9    twenty-one (21) years of age or older shall be seven dollars and  fifty  cents
 10    ($7.50)  of  which  five  dollars  ($5.00) shall be retained by the county and
 11    credited to the current expense fund, and two dollars and fifty cents  ($2.50)
 12    shall  be deposited in the state treasury to the credit of the highway distri-
 13    bution account. The nonrefundable fee for identification cards issued to  per-
 14    sons  under  twenty-one (21) years of age shall be six dollars and fifty cents
 15    ($6.50), of which five dollars ($5.00) shall be retained  by  the  county  and
 16    credited  to  the current expense fund, and one dollar and fifty cents ($1.50)
 17    shall be deposited in the state treasury to the credit of the highway  distri-
 18    bution  account.  The  nonrefundable fee for an eight-year identification card
 19    shall be fifteen dollars ($15.00) of  which  ten  dollars  ($10.00)  shall  be
 20    retained by the county and credited to the current expense fund, and five dol-
 21    lars  ($5.00)  shall  be  deposited in the state treasury to the credit of the
 22    highway distribution account. At the option of the applicant, the  identifica-
 23    tion  card  issued  to  a  person  twenty-one (21) years of age or older shall
 24    expire either on the cardholder's birthday in the fourth year  or  the  eighth
 25    year  following  issuance  of  the card. Every identification card issued to a
 26    person under eighteen (18) years of age shall expire five (5) days  after  the
 27    person's  eighteenth  birthday.  Every  identification card issued to a person
 28    eighteen (18) years of age but under twenty-one (21) years of age shall expire
 29    five (5) days after the person's twenty-first birthday.
 30        (2)  Every identification card,  except  those  issued  to  persons  under
 31    twenty-one  (21) years of age, shall be renewable on or before its expiration,
 32    but not more than twelve (12) months before, and upon application and  payment
 33    of the required fee.
 34        (3)  When  an  identification  card  has been expired for less than twelve
 35    (12) months, the renewal of the identification card shall start from the orig-
 36    inal date of expiration regardless of the year in which  the  application  for
 37    renewal  is  made.  If the identification card is expired for more than twelve
 38    (12) months, the application shall expire, at the option of the applicant,  on
 39    the applicant's birthday in the fourth year or the eighth year following reis-
 40    suance of the identification card.
 41        (4)  A  person possessing an identification card desiring to donate any or
 42    all organs or tissue in the event of death, pursuant  to  the  provisions  for
 43    donation of anatomical gifts as set forth in chapter 34, title 39, Idaho Code,
 44    at the option of the donor may indicate this desire on the identification card
 45    by the imprinting of the word "donor" on the identification card.
 46        (5)  A  person  possessing  an  identification card or an applicant for an
 47    identification card who is a person with a permanent  disability  may  request
 48    that  the  notation  "permanently disabled" be imprinted on the identification
 49    card, provided the person presents written certification from a licensed  phy-
 50    sician  verifying that the person's stated impairment qualifies as a permanent
 51    disability according to the provisions of section 49-117, Idaho Code.
 52        (6)  In the case of a name change, the applicant shall provide legal docu-
 53    mentation to verify the change in accordance with department rules.
 54        (67)  Whenever any person, after applying for or receiving an  identifica-
 55    tion  card,  shall  move  from  the address shown on the application or on the
                                                                        
                                           8
                                                                        
  1    identification card issued, that person shall, within thirty (30) days, notify
  2    the transportation department in writing of the old and new addresses.
  3        (78)  The department shall cancel any identification card upon determining
  4    that the person was not entitled to the issuance of the  identification  card,
  5    or  that the person failed to give the required and correct information in his
  6    application or committed fraud in making the application.  Upon  cancellation,
  7    the  person  shall surrender the cancelled canceled identification card to the
  8    department.
  9        (89)  If any person shall fail to return to the department the identifica-
 10    tion card as required, the department may direct any peace officer  to  secure
 11    its possession and return the identification card to the department.
 12        (910) The department may issue a no-fee identification card to an individ-
 13    ual whose driver's license has been cancelled canceled and voluntarily surren-
 14    dered  as  provided  in section 49-322(4), Idaho Code. The identification card
 15    may be renewed at no cost to the applicant as long  as  the  driver's  license
 16    remains cancelled canceled.
 17        (101) It  is an infraction for any person to fail to notify the department
 18    of a change of address as required by the provisions  of  subsection  (67)  of
 19    this section.
                                                                        
 20        SECTION  6.  This act shall be in full force and effect on and after Janu-
 21    ary 1, 2002.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                                 
                             RS 10769
                                 
It is the purpose of this legislation to allow for Idaho Driver s
licenses to hold a notation of "Disabled".

This would allow disabled people to utilize their driver s
license as proof of their disability in those instances where it
is needed thus reducing the need to contact a physician for
written verification.


                           FISCAL IMPACT

                                  
It is anticipated the cost for this feature would be similar to
that for other notations currently on Idaho s Drivers Licenses.

Contact
       Name:    Sen. Shawn Keough
       Phone:   332 1405
       
       
       
       
       
       
       
       
       
       STATEMENT OF PURPOSE/FISCAL NOTE     S 1077