2002 Legislation
Print Friendly

HOUSE BILL NO. 597 – Motrcycle endrsemnt/failure to obtn

HOUSE BILL NO. 597

View Daily Data Tracking History

View Bill Text

View Amendment

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

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0597aaS.............................by JUDICIARY, RULES AND ADMINISTRATION
MOTORCYCLE ENDORSEMENT - Amends existing law to provide that the failure by
persons to obtain a motorcycle "M" endorsement prior to operating a
motorcycle upon a highway shall constitute an infraction.
                                                                        
02/08    House intro - 1st rdg - to printing
02/11    Rpt prt - to Transp
02/15    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 61-1-8
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
      Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge,
      Field(13), Field(20), Gagner, Harwood, Henbest, Higgins, Hornbeck,
      Jaquet, Jones, Kunz, Lake, Loertscher, Mader, Martinez, McKague,
      Meyer, Montgomery, Mortensen, Moyle, Pearce, Pomeroy, Raybould,
      Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd,
      Smith(33), Smylie, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr.
      Speaker
      NAYS -- Hadley
      Absent and excused -- Gould, Hammond, Kellogg, Kendell, Langford,
      Pischner, Smith(23), Stevenson
    Floor Sponsor - Sali
    Title apvd - to Senate
02/25    Senate intro - 1st rdg - to Transp
03/01    Rpt out - to 14th Ord
03/06    Rpt out amen - to 1st rdg as amen
03/07    1st rdg - to 2nd rdg as amen
03/08    2nd rdg - to 3rd rdg as amen
03/11    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
      Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Frasure
    Title apvd - to House
03/12    House concurred in Senate amens - to engros
03/13    Rpt engros - 1st rdg - to 2nd rdg as amen
    Rls susp - PASSED - 62-0-8
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Block, Boe,
      Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jones,
      Kellogg, Kendell, Kunz, Lake, Langford, Martinez, McKague, Meyer,
      Montgomery, Mortensen, Pearce, Pischner, Pomeroy, Raybould, Ridinger,
      Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33),
      Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood,
      Mr. Speaker
      NAYS -- None
      Absent and excused -- Aikele, Cuddy, Gould, Jaquet, Loertscher,
      Mader, Moyle, Young
    Floor Sponsor - Sali
    Title apvd - to enrol
03/14    Rpt enrol - Sp signed - Pres signed
03/14    To Governor
03/27    Governor signed
         Session Law Chapter 355
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 597
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MOTOR VEHICLE DRIVER'S LICENSES; AMENDING  SECTION  49-301,  IDAHO
  3        CODE,  TO REVISE PENALTIES FOR CERTAIN VIOLATIONS OF MOTOR VEHICLE LICENS-
  4        ING REQUIREMENTS; AND AMENDING SECTION 49-304, IDAHO CODE, TO PROVIDE THAT
  5        THE FAILURE BY PERSONS UNDER THE AGE  OF  TWENTY-ONE  YEARS  TO  OBTAIN  A
  6        MOTORCYCLE  "M" ENDORSEMENT PRIOR TO OPERATING A MOTORCYCLE UPON A HIGHWAY
  7        SHALL CONSTITUTE AN INFRACTION.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Section 49-301, Idaho Code, be, and the  same  is  hereby
 10    amended to read as follows:
                                                                        
 11        49-301.  DRIVERS  TO  BE  LICENSED.  (1) No person, except those expressly
 12    exempted by the provisions of this chapter, shall drive any motor vehicle upon
 13    a highway unless the person has a valid  Idaho  driver's  license.  No  person
 14    shall  operate a motorcycle upon a highway unless he has a motorcycle endorse-
 15    ment on his valid driver's license. No person shall operate a commercial motor
 16    vehicle as defined in section 49-123, Idaho Code, upon a highway unless he has
 17    a seasonal or class A, B or C driver's license with required endorsements.  No
 18    person  shall  operate  a  motor vehicle in violation of any valid restriction
 19    identified on or attached to, his valid  driver's  license.  No  person  shall
 20    receive  a  class  D  driver's  license  unless and until he surrenders to the
 21    department all driver's licenses in his possession issued to him by  Idaho  or
 22    any other jurisdiction for use within the United States, or any identification
 23    cards  issued  by any other jurisdiction within the United States, or until he
 24    executes an affidavit that he does not possess a driver's license or any iden-
 25    tification cards. No person shall be permitted  to  have  more  than  one  (1)
 26    driver's license issued for use within the United States at any time.
 27        (2)  Any holder of a class A, B or C commercial driver's license issued by
 28    a  jurisdiction  other  than  Idaho shall apply for an Idaho-issued commercial
 29    driver's license within thirty (30) days of establishing a domicile in  Idaho.
 30    In  accordance  with  the  federal motor carrier safety regulations, no person
 31    shall receive a class A, B or C driver's license unless and until  he  surren-
 32    ders  to  the department all driver's licenses in his possession issued to him
 33    by Idaho or any other jurisdiction.
 34        Except as provided in section 49-304(3), Idaho Code, aA violation of  this
 35    section is a misdemeanor.
                                                                        
 36        SECTION  2.  That  Section  49-304, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        49-304.  MOTORCYCLE ENDORSEMENT. The department shall issue  a  motorcycle
 39    "M"  endorsement on a driver's license to applicants who complete the require-
 40    ments to operate a motorcycle.
 41        (1)  Any person who holds a valid Idaho driver's license on  September  1,
                                                                        
                                           2
                                                                        
  1    1994, may operate a motorcycle without a motorcycle "M" endorsement until that
  2    driver's license expires or September 1, 1998, whichever occurs first.
  3        (2)  Any person who applies for a driver's license or renewal of a license
  4    after  September  1,  1994,  may  also apply for a motorcycle "M" endorsement.
  5    Until September 1, 1998, the  requirements  for  obtaining  a  motorcycle  "M"
  6    endorsement are:
  7        (a)  The  applicant  shall be tested by written examination for his knowl-
  8        edge of safe motorcycle operating practices and traffic laws  specific  to
  9        the  operation of motorcycles upon payment of the fee specified in section
 10        49-306, Idaho Code.
 11        (b)  Upon successful completion of the knowledge test and upon payment  of
 12        the  fee  required  for  an  "M" endorsement, the applicant shall obtain a
 13        motorcycle "M" endorsement on his driver's license.
 14        (3)  No person under the age of twenty-one (21) years  may  apply  for  or
 15    obtain a motorcycle "M" endorsement on his driver's license unless he has suc-
 16    cessfully completed a motorcycle rider training course approved under the pro-
 17    visions  of  chapter  48,  title 33, Idaho Code, in addition to satisfying the
 18    requirements specified in subsection (2) of this section.  The  provisions  of
 19    this  subsection  shall not be effective unless and until the motorcycle rider
 20    training course is fully implemented by the department of education. The fail-
 21    ure to obtain a motorcycle "M" endorsement  as  provided  in  this  subsection
 22    prior to operating a motorcycle upon a highway shall constitute an infraction.
 23        (4)  Any  person  who  applies  for a motorcycle endorsement on a driver's
 24    license after September 1, 1998, in addition to the requirements specified  in
 25    subsection  (2)  of  this section, may also be required to pass the motorcycle
 26    "M" skills test before he can obtain the motorcycle "M" endorsement.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                                     Moved by    Fraser              
                                                                        
                                                     Seconded by Ingram              
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 597
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, in line 34, delete "49-304(3)"  and insert:
  3    "49-304".
                                                                        
  4                               AMENDMENTS TO SECTION 2
  5        On page 2, in line 20, delete "The fail-"; delete lines  21  and  22;  and
  6    following line 26 insert:
  7        "(5)  The  operation  of a motorcycle upon a highway by any person who has
  8    failed to obtain a motorcycle "M" endorsement  as  provided  in  this  section
  9    shall constitute an infraction.".
                                                                        
 10                                 CORRECTION TO TITLE
 11        On  page  1,  in  line  5,  delete "BY PERSONS UNDER THE AGE OF TWENTY-ONE
 12    YEARS".

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


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                        HOUSE BILL NO. 597, As Amended in the Senate
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MOTOR VEHICLE DRIVER'S LICENSES; AMENDING  SECTION  49-301,  IDAHO
  3        CODE,  TO REVISE PENALTIES FOR CERTAIN VIOLATIONS OF MOTOR VEHICLE LICENS-
  4        ING REQUIREMENTS; AND AMENDING SECTION 49-304, IDAHO CODE, TO PROVIDE THAT
  5        THE FAILURE TO OBTAIN A MOTORCYCLE "M" ENDORSEMENT PRIOR  TO  OPERATING  A
  6        MOTORCYCLE UPON A HIGHWAY SHALL CONSTITUTE AN INFRACTION.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section  49-301, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        49-301.  DRIVERS TO BE LICENSED. (1) No  person,  except  those  expressly
 11    exempted by the provisions of this chapter, shall drive any motor vehicle upon
 12    a  highway  unless  the  person  has a valid Idaho driver's license. No person
 13    shall operate a motorcycle upon a highway unless he has a motorcycle  endorse-
 14    ment on his valid driver's license. No person shall operate a commercial motor
 15    vehicle as defined in section 49-123, Idaho Code, upon a highway unless he has
 16    a  seasonal or class A, B or C driver's license with required endorsements. No
 17    person shall operate a motor vehicle in violation  of  any  valid  restriction
 18    identified  on  or  attached  to,  his valid driver's license. No person shall
 19    receive a class D driver's license unless  and  until  he  surrenders  to  the
 20    department  all  driver's licenses in his possession issued to him by Idaho or
 21    any other jurisdiction for use within the United States, or any identification
 22    cards issued by any other jurisdiction within the United States, or  until  he
 23    executes an affidavit that he does not possess a driver's license or any iden-
 24    tification  cards.  No  person  shall  be  permitted to have more than one (1)
 25    driver's license issued for use within the United States at any time.
 26        (2)  Any holder of a class A, B or C commercial driver's license issued by
 27    a jurisdiction other than Idaho shall apply  for  an  Idaho-issued  commercial
 28    driver's  license within thirty (30) days of establishing a domicile in Idaho.
 29    In accordance with the federal motor carrier  safety  regulations,  no  person
 30    shall  receive  a class A, B or C driver's license unless and until he surren-
 31    ders to the department all driver's licenses in his possession issued  to  him
 32    by Idaho or any other jurisdiction.
 33        Except  as  provided  in  section 49-304, Idaho Code, aA violation of this
 34    section is a misdemeanor.
                                                                        
 35        SECTION 2.  That Section 49-304, Idaho Code, be, and the  same  is  hereby
 36    amended to read as follows:
                                                                        
 37        49-304.  MOTORCYCLE  ENDORSEMENT.  The department shall issue a motorcycle
 38    "M" endorsement on a driver's license to applicants who complete the  require-
 39    ments to operate a motorcycle.
 40        (1)  Any  person  who holds a valid Idaho driver's license on September 1,
 41    1994, may operate a motorcycle without a motorcycle "M" endorsement until that
                                                                        
                                           2
                                                                        
  1    driver's license expires or September 1, 1998, whichever occurs first.
  2        (2)  Any person who applies for a driver's license or renewal of a license
  3    after September 1, 1994, may also apply  for  a  motorcycle  "M"  endorsement.
  4    Until  September  1,  1998,  the  requirements  for obtaining a motorcycle "M"
  5    endorsement are:
  6        (a)  The applicant shall be tested by written examination for  his  knowl-
  7        edge  of  safe motorcycle operating practices and traffic laws specific to
  8        the operation of motorcycles upon payment of the fee specified in  section
  9        49-306, Idaho Code.
 10        (b)  Upon  successful completion of the knowledge test and upon payment of
 11        the fee required for an "M" endorsement,  the  applicant  shall  obtain  a
 12        motorcycle "M" endorsement on his driver's license.
 13        (3)  No  person  under  the  age of twenty-one (21) years may apply for or
 14    obtain a motorcycle "M" endorsement on his driver's license unless he has suc-
 15    cessfully completed a motorcycle rider training course approved under the pro-
 16    visions of chapter 48, title 33, Idaho Code, in  addition  to  satisfying  the
 17    requirements  specified  in  subsection (2) of this section. The provisions of
 18    this subsection shall not be effective unless and until the  motorcycle  rider
 19    training course is fully implemented by the department of education.
 20        (4)  Any  person  who  applies  for a motorcycle endorsement on a driver's
 21    license after September 1, 1998, in addition to the requirements specified  in
 22    subsection  (2)  of  this section, may also be required to pass the motorcycle
 23    "M" skills test before he can obtain the motorcycle "M" endorsement.
 24        (5)  The operation of a motorcycle upon a highway by any  person  who  has
 25    failed  to  obtain  a  motorcycle  "M" endorsement as provided in this section
 26    shall constitute an infraction.

Statement of Purpose / Fiscal Impact


	             STATEMENT OF PURPOSE
                           RS 11894

	Under current law a motorcycle endorsement is required on 
the driver’s license of any person operating a motorcycle. The 
failure to have an endorsement is changed from a misdemeanor to a 
infraction by this legislation.

                       FISCAL IMPACT

	No fiscal impact occurs automatically from this legislation 
though there may be an indeterminate loss of revenue from fines.




Contact
Name:	Rep. Bill Sali
Phone:	332-1000



STATEMENT OF PURPOSE/FISCAL NOTE		H 597