2002 Legislation
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HOUSE BILL NO. 610 – Driving permits, school attendance

HOUSE BILL NO. 610

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Daily Data Tracking History



H0610aa,aaS...................................by TRANSPORTATION AND DEFENSE
DRIVING PERMITS - Amends existing law to provide for restricted school
attendance driving permits.
                                                                        
02/11    House intro - 1st rdg - to printing
02/12    Rpt prt - to Transp
02/27    Rpt out - to Gen Ord
02/28    Rpt out amen - to engros
03/01    Rpt engros - 1st rdg - to 2nd rdg as amen
03/04    2nd rdg - to 3rd rdg as amen
    Rls susp - PASSED - 59-3-8
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
      Collins, Crow, Cuddy, Deal, Denney, Ellis, Eskridge, Field(20),
      Gagner, Hadley, Hammond, Henbest, Higgins, Hornbeck, Jaquet, Jones,
      Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Loertscher, Martinez,
      McKague, Meyer, Montgomery, Moyle, Pearce, Pomeroy, Raybould,
      Ridinger, Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33),
      Smylie, Stevenson, Stone, Tilman, Wheeler, Wood, Mr. Speaker
      NAYS -- Harwood, Smith(23), Young
      Absent and excused -- Ellsworth, Field(13), Gould, Mader, Mortensen,
      Pischner, Roberts, Trail
    Floor Sponsor - Field(20)
    Title apvd - to Senate
03/05    Senate intro - 1st rdg - to Transp
03/13    Rpt out - to 14th Ord
03/15    Rpt out amen - to 1st rdg as amen
    Rls susp - PASSED - 27-8-0
      AYES -- Andreason, Branch Brandt, Bunderson, Burtenshaw, Darrington,
      Deide, Dunklin, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little,
      Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims,
      Sorensen, Stennett, Thorne, Wheeler, Williams
      NAYS -- Boatright, Cameron, Davis, Frasure, Geddes, Goedde, Hawkins,
      Stegner
      Absent and excused -- None
    Floor Sponsor - Sandy
    Title apvd - to House
03/15    House concurred in Senate amens - to engros
    Rpt engros - 1st rdg - to 2nd rdg as amen
     - Rls susp - PASSED - 63-0-7
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Block,
      Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
      Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce,
      Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
      Schaefer, Sellman, Smith(33), Smylie, Stevenson, Stone, Tilman,
      Trail, Wheeler, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Aikele, Boe, Jones, Kellogg, Shepherd,
      Smith(23), Young
    Floor Sponsor - Field(20)
    Title apvd - to enrol
    Rpt enrol - Sp signed - Pres signed
03/18    To Governor
03/22    Governor signed
         Session Law Chapter 235
         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. 610
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MOTOR VEHICLES; AMENDING SECTION 49-301, IDAHO CODE, TO PROVIDE AN
  3        EXCEPTION FOR RESTRICTED SCHOOL ATTENDANCE DRIVING PERMITS; AMENDING  SEC-
  4        TION  49-303,  IDAHO  CODE,  TO PROVIDE AN EXCEPTION FOR RESTRICTED SCHOOL
  5        ATTENDANCE DRIVING PERMITS; AMENDING SECTION 49-306, IDAHO CODE,  TO  PRO-
  6        VIDE  FOR  APPLICATIONS AND A FEE FOR RESTRICTED SCHOOL ATTENDANCE DRIVING
  7        PERMITS; AMENDING CHAPTER 3, TITLE 49, IDAHO CODE, BY THE  ADDITION  OF  A
  8        NEW  SECTION  49-307A, IDAHO CODE, TO PROVIDE FOR RESTRICTED SCHOOL ATTEN-
  9        DANCE DRIVING PERMITS; AMENDING SECTION 49-310, IDAHO CODE, TO PROVIDE FOR
 10        ADULT SIGNATURES ON APPLICATIONS FOR RESTRICTED SCHOOL ATTENDANCE  DRIVING
 11        PERMITS;  AMENDING  SECTION 49-313, IDAHO CODE, TO PROVIDE FOR EXAMINATION
 12        OF APPLICANTS FOR RESTRICTED SCHOOL ATTENDANCE DRIVING PERMITS AND TO MAKE
 13        A TECHNICAL CORRECTION; AMENDING SECTION 49-318, IDAHO  CODE,  TO  PROVIDE
 14        FOR  SUBSTITUTE RESTRICTED SCHOOL ATTENDANCE DRIVING PERMITS; AND AMENDING
 15        SECTION 49-322, IDAHO CODE, TO  PROVIDE  FOR  CANCELLATION  OF  RESTRICTED
 16        SCHOOL ATTENDANCE DRIVING PERMITS AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
 17    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 18        SECTION  1.  That  Section  49-301, Idaho Code, be, and the same is hereby
 19    amended to read as follows:
                                                                        
 20        49-301.  DRIVERS TO BE LICENSED. (1) No  person,  except  those  expressly
 21    exempted by the provisions of this chapter, shall drive any motor vehicle upon
 22    a  highway unless the person has a valid Idaho driver's license. Provided how-
 23    ever, that those persons holding a restricted school attendance driving permit
 24    may drive upon a highway pursuant to the restrictions  set  forth  in  section
 25    49-307A,  Idaho  Code.  No  person  shall  operate a motorcycle upon a highway
 26    unless he has a motorcycle endorsement on his valid driver's license. No  per-
 27    son  shall  operate  a  commercial motor vehicle as defined in section 49-123,
 28    Idaho Code, upon a highway unless he has  a  seasonal  or  class  A,  B  or  C
 29    driver's  license  with required endorsements. No person shall operate a motor
 30    vehicle in violation of any valid restriction identified on  or  attached  to,
 31    his valid driver's license. No person shall receive a class D driver's license
 32    unless  and until he surrenders to the department all driver's licenses in his
 33    possession issued to him by Idaho or any other jurisdiction for use within the
 34    United States, or any identification cards issued by  any  other  jurisdiction
 35    within  the  United States, or until he executes an affidavit that he does not
 36    possess a driver's license or any identification cards.  No  person  shall  be
 37    permitted to have more than one (1) driver's license issued for use within the
 38    United States at any time.
 39        (2)  Any holder of a class A, B or C commercial driver's license issued by
 40    a  jurisdiction  other  than  Idaho shall apply for an Idaho-issued commercial
 41    driver's license within thirty (30) days of establishing a domicile in  Idaho.
 42    In  accordance  with  the  federal motor carrier safety regulations, no person
 43    shall receive a class A, B or C driver's license unless and until  he  surren-
                                                                        
                                           2
                                                                        
  1    ders  to  the department all driver's licenses in his possession issued to him
  2    by Idaho or any other jurisdiction.
  3        A violation of this section is a misdemeanor.
                                                                        
  4        SECTION 2.  That Section 49-303, Idaho Code, be, and the  same  is  hereby
  5    amended to read as follows:
                                                                        
  6        49-303.  WHAT  PERSONS  SHALL  NOT  BE  LICENSED. The department shall not
  7    issue any driver's license, any instruction permit,  privileges  or  right  to
  8    drive  and  if  issued,  may revoke or cancel the driver's license of a person
  9    who:
 10        (1)  As an operator of a vehicle requiring a class D driver's license,  is
 11    under  the age of seventeen (17) years, except that the department may issue a
 12    driver's license to any person who  has  successfully  completed  an  approved
 13    driver training course, has completed the requirements of a class D supervised
 14    instruction  permit, and who is at least fifteen (15) years of age, with driv-
 15    ing privileges restricted to daylight hours only, and with full privileges  at
 16    sixteen  (16)  years of age. The restriction of daylight hours only shall mean
 17    that period of time one-half (1/2) hour before sunrise to one-half (1/2)  hour
 18    after sunset. If a person who is at least fifteen (15) years but is under sev-
 19    enteen  (17)  years  of  age  has  successfully completed an approved driver's
 20    training course and has been issued a driver's license in  another  state,  he
 21    may be issued a class D driver's license in this state. Provided however, that
 22    a  restricted  school attendance driving permit may be issued to those persons
 23    meeting the criteria set forth in section 49-307A, Idaho Code.
 24        (2)  As an operator of a vehicle requiring a class D driver's license,  is
 25    under  the  age  of seventeen (17) years and has not successfully completed an
 26    approved driver training course and has not satisfied the  requirements  of  a
 27    class  D  supervised  instruction  permit. Provided however, that a restricted
 28    school attendance driving permit may be issued to those  persons  meeting  the
 29    criteria set forth in section 49-307A, Idaho Code.
 30        (3)  As  an  operator  of a commercial vehicle requiring a class A, B or C
 31    driver's license is under the age of eighteen (18) years.
 32        (4)  Applicants with less than one (1) year of driving experience, as evi-
 33    denced by a previous driver's license shall not be issued a class A,  B  or  C
 34    driver's license or a class A, B or C instruction permit.
 35        (5)  As  a  driver  has  had  his  license,  class  D  instruction permit,
 36    restricted school attendance driving permit, privileges or right to drive sus-
 37    pended for the duration of the suspension, nor to any person who has  had  his
 38    class D driver's training instruction permit or class D supervised instruction
 39    permit  canceled for the duration of the cancellation, nor to any person whose
 40    license has been revoked, suspended, canceled or disqualified by this state or
 41    any other jurisdiction; provided however, where a driver's  license  has  been
 42    revoked,  suspended,  canceled  or disqualified in any other jurisdiction, and
 43    the driver has completed the period of revocation, suspension, cancellation or
 44    disqualification as specified by the jurisdiction, that person may be  granted
 45    a  class  D driver's license in this state if five (5) years have elapsed from
 46    the time of eligibility for reinstatement  in  the  other  jurisdiction,  even
 47    though  the driver has not fulfilled the requirements for reinstatement in the
 48    other jurisdiction.
 49        (6)  Is an habitual drunkard, or is addicted to the use of narcotic drugs.
 50        (7)  Has previously been adjudged to be afflicted with or  suffering  from
 51    any  mental  disability  or disease and who has not at the time of application
 52    been restored to competency by the methods provided by law.
 53        (8)  Is required by the provisions of this chapter to take an examination,
                                                                        
                                           3
                                                                        
  1    unless that person shall have successfully passed such examination.
  2        (9)  May be required under any law of  this  state  to  furnish  proof  of
  3    financial  responsibility and who has not furnished that proof.
  4        (10) The  department  has  good  cause  to believe that the operation of a
  5    motor vehicle on the highways by that person would be harmful to public safety
  6    or welfare.
  7        (11) Is disqualified for a class A, B or  C  license,  except  he  may  be
  8    issued a class D driver's license.
  9        (12) Is  under  eighteen  (18) years of age and is not enrolled in school,
 10    has not received a waiver pursuant to  or  has  not  satisfactorily  completed
 11    school as provided in section 49-303A, Idaho Code.
 12        (13) Is not a resident of the state of Idaho.
                                                                        
 13        SECTION  3.  That  Section  49-306, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        49-306.  APPLICATION FOR  DRIVER'S  LICENSE,  OR  INSTRUCTION  PERMIT,  OR
 16    RESTRICTED  SCHOOL  ATTENDANCE  DRIVING  PERMIT. (1) Every application for any
 17    instruction permit, restricted school attendance  driving  permit,  or  for  a
 18    driver's  license  shall  be  made upon a form furnished by the department and
 19    shall be verified by the applicant before a person  authorized  to  administer
 20    oaths.  Officers  and employees of the department and sheriffs and their depu-
 21    ties are authorized to administer the oaths without charge. Every  application
 22    for  a  permit, extension or driver's license shall be accompanied by the fol-
 23    lowing fee, none of which is refundable:
 24        (a)  Class A, B, C (4-year) license with endorsements - age 21  years  and
 25        older ............................................................. $28.50
 26        (b)  Class A, B, C (3-year) license with endorsements - age 18 to 21 years
 27        ................................................................... $20.50
 28        (c)  Class  A,  B,  C  (1-year)  license  with endorsements - age 20 years
 29        ................................................................... $12.25
 30        (d)  Class D (3-year) license - under age 18 years ................ $20.50
 31        (e)  Class D (3-year) license - age 18 to 21 years ................ $20.50
 32        (f)  Class D (1-year) license - age 17 years or age 20 years ...... $12.25
 33        (g)  Four-year Class D license - age 21 years and older ........... $24.50
 34        (h)  Eight-year Class D license - age 21 to 63 years .............. $45.00
 35        (i)  Class A, B, C instruction permit ............................. $19.50
 36        (j)  Class  D  instruction  permit  or   supervised   instruction   permit
 37        ................................................................. . $11.50
 38        (k)  Duplicate  driver's  license  or  permit issued under section 49-318,
 39        Idaho Code ........................................................ $11.50
 40        (l)  Driver's license extension issued under section  49-319,  Idaho  Code
 41        ................................................................... $ 6.50
 42        (m)  License classification change (upgrade) ...................... $15.50
 43        (n)  Endorsement addition ......................................... $11.50
 44        (o)  Class A, B, C skills tests ..................... not more than $55.00
 45        (p)  Class D skills test .......................................... $15.00
 46        (q)  Motorcycle endorsement skills test ........................... $ 5.00
 47        (r)  Knowledge test ............................................... $ 3.00
 48        (s)  Seasonal driver's license .................................... $27.50
 49        (t)  One time motorcycle "M" endorsement .......................... $11.50
 50        (u)  Motorcycle endorsement instruction permit .................... $11.50
 51        (v)  Restricted  driving  permit  or  restricted school attendance driving
 52        permit ............................................................ $35.00
 53        (2)  Every application shall state the true and full name, date of birth,
                                                                        
                                           4
                                                                        
  1    sex, declaration of Idaho  residency,  Idaho  residence  address  and  mailing
  2    address,  if  different, of the applicant, height, weight, hair color, and eye
  3    color,  and  the  applicant's  social  security  number  as  verified  by  the
  4    applicant's social security card or by the social security administration.
  5        (a)  The requirement that an applicant provide a social security number as
  6        verified by his social security card or by the social security administra-
  7        tion shall apply only to applicants who have been assigned a social  secu-
  8        rity number.
  9        (b)  An  applicant  who  has  not  been  assigned a social security number
 10        shall:
 11             (i)   Present written verification from the social security  adminis-
 12             tration  that  the  applicant has not been assigned a social security
 13             number; and
 14             (ii)  Submit a birth certificate, passport or other documentary  evi-
 15             dence  issued  by  an entity other than a state or the United States;
 16             and
 17             (iii) Submit such proof as the department may require that the appli-
 18             cant is lawfully present in the United States.
 19        A driver's license or any instruction permit issued on and  after  January
 20    1, 1993, shall not contain an applicant's social security number. Applications
 21    on file shall be exempt from disclosure except as provided in sections 49-202,
 22    49-203, 49-203A and 49-204, Idaho Code.
 23        Every  application  shall  also state whether the applicant has previously
 24    been licensed as a driver, and if so, when and by what state or  country,  and
 25    whether  a  driver's  license or privileges have ever been suspended, revoked,
 26    denied, disqualified,  canceled  or  whether  an  application  has  ever  been
 27    refused,  and  if  so,  the date of and reason for the suspension, revocation,
 28    denial, disqualification, cancellation or refusal  and  the  applicant's  oath
 29    that all information is correct as signified by the applicant's signature.
 30        The  applicant  may  be required to submit proof of identity acceptable to
 31    the examiner or the department and date of birth as set forth in  a  certified
 32    copy  of his birth certificate when obtainable, or another document which pro-
 33    vides satisfactory evidence of a person's date  of  birth  acceptable  to  the
 34    examiner or the department.
 35        (3)  Whenever an application is received from a person previously licensed
 36    in  another  jurisdiction, the department shall request a copy of the driver's
 37    record from the other jurisdiction and shall contact the national driver  reg-
 38    ister. When received, the driver's record from the previous jurisdiction shall
 39    become  a  part  of  the driver's record in this state with the same force and
 40    effect as though entered on the driver's record in this state in the  original
 41    instance.
 42        (4)  Whenever the department receives a request for a driver's record from
 43    another licensing jurisdiction, the record shall be forwarded without charge.
 44        (5)  The department shall contact and notify the commercial driver license
 45    information  system of the proposed application for a class A, B or C driver's
 46    license to insure identification of the person  and  to  obtain  clearance  to
 47    issue the license.
 48        (6)  When  the  fees required under this section are collected by a county
 49    officer, they shall be paid over to the county treasurer not less  often  than
 50    monthly, who shall immediately:
 51        (a)  Deposit  an  amount  equal to five dollars ($5.00) from each driver's
 52        license except an eight-year class D license, or any class  D  instruction
 53        permit  application  fees, application for a duplicate driver's license or
 54        permit, classification change, seasonal driver's  license  and  additional
 55        endorsement,  and  ten  dollars  ($10.00)  from  each  eight-year  class D
                                                                        
                                           5
                                                                        
  1        driver's license, in the current expense fund; and
  2        (b)  Deposit two dollars and fifty  cents  ($2.50)  from  each  motorcycle
  3        endorsement  and motorcycle endorsement instruction permit fee in the cur-
  4        rent expense fund; and
  5        (c)  Deposit an amount equal to three dollars ($3.00) from each fee for  a
  6        knowledge test in the current expense fund; and
  7        (d)  Deposit  an  amount equal to five dollars ($5.00) from each fee for a
  8        motorcycle endorsement skills test in the current expense  fund;  provided
  9        however,  if a contractor administers the skills test he shall be entitled
 10        to the five dollar ($5.00) fee; and
 11        (e)  Remit the remainder to the state treasurer; and
 12        (f)  Deposit eleven dollars and fifty cents ($11.50) from each fee  for  a
 13        class  D skills test into the county current expense fund, unless the test
 14        is administered by a department-approved contractor,  in  which  case  the
 15        contractor shall be entitled to eleven dollars and fifty cents ($11.50) of
 16        each fee.
 17        (7)  When  the  fees  required under this section are collected by a state
 18    officer or agency, they shall be paid over to the state treasurer.
 19        (8)  The state treasurer shall distribute the moneys  received  from  fees
 20    imposed by the provisions of this section, whether collected by a county offi-
 21    cer or by a state officer or agency as follows:
 22        (a)  Two  dollars  ($2.00) of each fee for a four-year driver's license or
 23        seasonal driver's license, and four dollars ($4.00) of  each  fee  for  an
 24        eight-year  class  D  driver's  license,  and  one  dollar and fifty cents
 25        ($1.50) of each fee charged for driver's licenses pursuant to  subsections
 26        (1)(b),  (d)  and  (e)  of this section, and fifty cents (50) of each fee
 27        charged for driver's licenses pursuant to subsections (1)(c)  and  (f)  of
 28        this section, shall be deposited in the emergency medical services fund II
 29        created  in section 56-1018A, Idaho Code, and four dollars ($4.00) of each
 30        fee charged pursuant to subsections (1)(a), (g) and (s)  of  this  section
 31        and  eight  dollars  ($8.00)  of  each  fee charged pursuant to subsection
 32        (1)(h) of this section and three dollars ($3.00) of each fee for  driver's
 33        licenses  pursuant to subsections (1)(b), (d) and (e) of this section, and
 34        one dollar ($1.00) of each fee charged for driver's licenses  pursuant  to
 35        subsections (1)(c) and (f) of this section shall be deposited in the emer-
 36        gency  medical  services fund III created in section 56-1018B, Idaho Code;
 37        and
 38        (b)  Sixteen dollars and fifty cents ($16.50) of each fee for  a  seasonal
 39        or  class A, B or C driver's license, and ten dollars ($10.00) of each fee
 40        charged for a license pursuant to subsection (1)(b) of this  section,  and
 41        five dollars and forty-one cents ($5.41) of each fee charged for a license
 42        pursuant  to  subsection  (1)(c) of this section shall be deposited in the
 43        state highway fund; and
 44        (c)  Ten dollars and fifty cents ($10.50) of each fee for a class A, B  or
 45        C  instruction  permit  or driver's license classification change shall be
 46        deposited in the state highway fund; and
 47        (d)  Four dollars ($4.00) of each fee for a class A, B  or  C  instruction
 48        permit  shall be deposited in the emergency medical services fund III cre-
 49        ated in section 56-1018B, Idaho Code; and
 50        (e)  Six dollars and fifty cents ($6.50) of each fee for a duplicate  sea-
 51        sonal  or  class  A,  B  or  C  driver's license, class A, B or C driver's
 52        license extension, or additional endorsement shall  be  deposited  in  the
 53        state highway fund; and
 54        (f)  Four  dollars  ($4.00)  of  each fee for a motorcycle endorsement and
 55        motorcycle endorsement instruction permit shall be deposited in the  state
                                                                        
                                           6
                                                                        
  1        highway fund; and
  2        (g)  Five  dollars  and  thirty  cents ($5.30) of each fee for a four-year
  3        class D driver's license, and ten dollars and sixty cents ($10.60) of each
  4        fee for an eight-year  class D driver's license, and four dollars  ($4.00)
  5        of  each  fee charged for a license pursuant to subsections (1)(d) and (e)
  6        of this section, and one dollar and thirty-three cents ($1.33) of each fee
  7        charged for a license pursuant to subsection (1)(f) of this section  shall
  8        be deposited in the driver training fund; and
  9        (h)  Seven  dollars  and  twenty cents ($7.20) of each fee for a four-year
 10        class D driver's license, and ten dollars and forty cents ($10.40) of each
 11        fee for an eight-year class D driver's license, and six dollars ($6.00) of
 12        each fee charged for a license pursuant to subsections (1)(d) and  (e)  of
 13        this section, and four dollars and eight cents ($4.08) of each fee charged
 14        for  a  license  pursuant  to  subsection  (1)(f) of this section shall be
 15        deposited in the highway distribution fund; and
 16        (i)  Two dollars and sixty cents  ($2.60)  of  each  fee  for  a  class  D
 17        instruction  permit,  duplicate  class  D  license  or permit, and class D
 18        license extension shall be deposited in the driver training fund; and
 19        (j)  Three dollars and ninety cents ($3.90) of each  fee  for  a  class  D
 20        instruction  permit,  duplicate  class  D  license  or permit, and class D
 21        license extension shall be deposited in the highway distribution fund; and
 22        (k)  Five dollars ($5.00) of each fee for a class A, B or  C  skills  test
 23        shall be deposited in the state highway fund; and
 24        (l)  One  dollar  ($1.00)  of  each fee for a class A, B, C or four-year D
 25        driver's license, and two dollars ($2.00) of each fee  for  an  eight-year
 26        class D driver's license, and one dollar ($1.00) of each fee charged for a
 27        license  pursuant  to subsections (1)(b), (d) and (e) of this section, and
 28        thirty-four cents (34) of each fee charged for a license pursuant to sub-
 29        sections (1)(c) and (f) of this section shall be deposited in  the  motor-
 30        cycle safety program fund established in section 33-4904, Idaho Code; and
 31        (m)  Three  dollars  and  fifty  cents  ($3.50)  of each fee for a class D
 32        skills test shall be deposited into the state highway fund.
 33        (9)  The contractor administering a class A, B or C skills test  shall  be
 34    entitled  to  not  more  than fifty dollars ($50.00) of the skills test fee. A
 35    contractor administering a class A, B or C skills test may  collect  an  addi-
 36    tional fee for the use of the contractor's vehicle for the skills test.
 37        (10) Thirty-five  dollars  ($35.00)  of each restricted driving permit and
 38    each restricted school attendance driving permit shall  be  deposited  in  the
 39    state highway fund.
 40        (11) The  department  may issue seasonal class B or C driver's licenses to
 41    drivers who are employees of agri-chemical businesses, custom harvesters, farm
 42    retail outlets and suppliers, and livestock feeders that:
 43        (a)  Will only be valid for  driving  commercial  vehicles  that  normally
 44        require class B or C commercial driver's licenses;
 45        (b)  Will be valid for seasonal periods that begin on the date of issuance
 46        and  that are not to exceed one hundred eighty (180) days in a twelve (12)
 47        month period;
 48        (c)  May only be obtained twice in a driver's lifetime;
 49        (d)  Are valid only within a one hundred fifty (150) mile  radius  of  the
 50        place of business or farm being serviced; and
 51        (e)  Will  be  valid only in conjunction with valid Idaho class D driver's
 52        licenses.
 53        (12) The department may issue seasonal class B or C driver's  licenses  to
 54    drivers who:
 55        (a)  Have not violated the single license provisions of applicable federal
                                                                        
                                           7
                                                                        
  1        regulations;
  2        (b)  Have not had any license suspensions, revocations or cancellations;
  3        (c)  Have not had any convictions in any vehicle for any offense listed in
  4        section  49-335(1)  or  (2),  Idaho  Code,  or any one (1) serious traffic
  5        offense;
  6        (d)  Have at least one (1) year of driving experience with a  class  D  or
  7        equivalent license in any type motor vehicle; and
  8        (e)  Are at least sixteen (16) years old.
                                                                        
  9        SECTION  4.  That  Chapter  3,  Title  49, Idaho Code, be, and the same is
 10    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 11    ignated as Section 49-307A, Idaho Code, and to read as follows:
                                                                        
 12        49-307A.  RESTRICTED SCHOOL ATTENDANCE DRIVING PERMIT. Notwithstanding any
 13    other  provision of this chapter applying to licenses or permits, and notwith-
 14    standing the minimum age requirement for a driver training course specified in
 15    section 33-1703, Idaho Code, other than those provisions specifically applying
 16    to restricted school attendance driving permits:
 17        (1) The department may issue a restricted school attendance driving permit
 18    to a minor fourteen (14) years of age, but less than  sixteen  (16)  years  of
 19    age, provided the following:
 20        (a)  The  minor  resides in a county with a population of less than twelve
 21        thousand (12,000) people;
 22        (b)  The minor attends an educational program  as  identified  in  section
 23        49-303A,  Idaho Code, and complies with the provisions of section 49-303A,
 24        Idaho Code, including submission of verification of attendance  compliance
 25        by the school district to the department; and
 26        (c)  There is no school bus service provided to transport the minor to and
 27        from school, as verified by the school district to the department.
 28        (2)  The  permit,  if issued, shall only entitle the minor to drive to and
 29    from school, and school sponsored activities occurring  at  the  school  where
 30    enrolled, between the hours of 6:00 a.m. and 9:00 p.m.
 31        (3)  The  minor  must  have  completed a driver training course and comply
 32    with section 49-310, Idaho Code, as a condition of issuance of a permit pursu-
 33    ant to the provisions of this section.
 34        (4)  The restricted school attendance driving permit shall be canceled for
 35    conviction of any traffic offense and shall not be reissued.
                                                                        
 36        SECTION 5.  That Section 49-310, Idaho Code, be, and the  same  is  hereby
 37    amended to read as follows:
                                                                        
 38        49-310.  APPLICATIONS  OF PERSONS UNDER THE AGE OF EIGHTEEN YEARS. (1) The
 39    application of any person under the age of eighteen (18) years for any class D
 40    instruction permit, restricted driver's license, restricted school  attendance
 41    driving permit, or driver's license shall be signed and verified before a per-
 42    son  authorized  to  administer  oaths  by  either the father or mother of the
 43    applicant, if both are living and have custody of him; or if either  be  dead,
 44    then  by the surviving parent who has custody of him; or by the Idaho resident
 45    host of a foreign exchange student, or in the event neither parent is  living,
 46    or  if living and does not have the custody of the applicant, then by the per-
 47    son or guardian having such custody, with verifiable custody  or  guardianship
 48    documents, or by an employer of the applicant. In the event there is no guard-
 49    ian or employer then some other responsible person willing to assume the obli-
 50    gation  for  the  applicant may sign the application. Any person who signs the
 51    applicant's application shall attest that the applicant is in compliance  with
                                                                        
                                           8
                                                                        
  1    the  school  attendance  provisions  of section 49-303A, Idaho  Code, and when
  2    signing for a class D  driver's  training  permit  or  a  class  D  supervised
  3    instruction  permit,  shall  attest  that  the  minor person has satisfied the
  4    requirements and conditions applicable to the class D  supervised  instruction
  5    permit  pursuant  to section 49-307, Idaho Code, when the minor person applies
  6    for a class D driver's license. When signing for a  restricted  school  atten-
  7    dance  driving  permit,  the  person signing the applicant's application shall
  8    attest that the conditions set forth within section 49-307A, are met. The per-
  9    son willing to assume responsibility for the applicant must be at least  eigh-
 10    teen (18) years of age.
 11        (2)  Any  negligence  or  willful  misconduct of a person under the age of
 12    eighteen (18) years when operating a motor vehicle upon  a  highway  shall  be
 13    imputed  to  the person who signed the application of that person for a permit
 14    or driver's license, and that person shall be  jointly  and  severally  liable
 15    with the permit or driver's license holder for any damage caused by negligence
 16    or willful misconduct, except as otherwise provided by law.
 17        (3)  In  the  event  a  permit or driver's license holder under the age of
 18    eighteen (18) years deposits, or there is deposited upon his behalf, proof  of
 19    financial  responsibility in respect to the operation of any motor vehicle, in
 20    form and in amounts as required under the motor vehicle financial responsibil-
 21    ity laws of this state, or by the director if the form and amount is not fixed
 22    by law, then the department may accept the application when signed by one  (1)
 23    parent  or  guardian  of the applicant, and while that proof is maintained the
 24    parent or guardian shall not be subject to the liability imposed under subsec-
 25    tion (2) of this section.
 26        (4)  Any person who has signed the application of a minor for a permit  or
 27    driver's  license shall be liable civilly for the payment of any court penalty
 28    imposed because the minor has been  found  to  have  committed  an  infraction
 29    violation.  The provisions of this section shall not apply or create any civil
 30    liability for the person signing the application in connection with any pedes-
 31    trian or bicycle infraction, and provided this subsection shall not  apply  to
 32    any civil action where the plaintiff is other than the state of Idaho.
                                                                        
 33        SECTION  6.  That  Section  49-313, Idaho Code, be, and the same is hereby
 34    amended to read as follows:
                                                                        
 35        49-313.  EXAMINATION OF APPLICANTS. (1) The sheriff, his deputy or  autho-
 36    rized  agents  of the department shall examine every applicant for an instruc-
 37    tion permit, restricted school attendance driving  permit,  seasonal  driver's
 38    license,  or  a driver's license or a motorcycle endorsement, except as other-
 39    wise provided by law. The examination shall include a test of the  applicant's
 40    eyesight,  his  ability to read and understand highway signs regulating, warn-
 41    ing, and directing traffic. A skills test shall be required for  an  applicant
 42    who  has  not  been previously licensed for the class of license requested, or
 43    who holds a license issued by another country unless a reciprocal agreement is
 44    in force. However, a skills test may be required for any and all other  appli-
 45    cants at the discretion of the examiner or department for a class A, B, C or D
 46    driver's  license  or  a  motorcycle endorsement. In addition, the applicant's
 47    knowledge of traffic laws of this state and when a motorcycle  endorsement  is
 48    applied  for, the applicant's knowledge of safe motorcycle operating practices
 49    and traffic laws specifically relating to motorcycle operation shall be tested
 50    by a written examination, except as provided in section 49-319, Idaho Code. At
 51    the discretion of the examiner, the prescribed written examination may be con-
 52    ducted orally.
 53        (2)  The knowledge and skills examinations  for  applicants  for  driver's
                                                                        
                                           9
                                                                        
  1    licenses  in class A, B or C shall be conducted in compliance with 49 CFR part
  2    383.
  3        (3)  The  skills test for a class A, B, C or D driver's license or for any
  4    endorsement shall be given by the department or  its  authorized  agents.  The
  5    skills examiner for a motorcycle endorsement shall be certified by the depart-
  6    ment of education.
  7        (4)  The department shall not issue a tank, double/triple trailer, or haz-
  8    ardous  material  endorsement  unless  the applicant, in addition to all other
  9    applicable qualifications, has  passed  an  appropriate  knowledge  test.  The
 10    department  shall  not  issue a passenger endorsement unless the applicant, in
 11    addition to all other applicable qualifications,  has  passed  an  appropriate
 12    knowledge and skills test.
 13        (5)  Any  person failing to pass a knowledge or skills test for a class A,
 14    B, C or D driver's license, or  a  knowledge  test  for  a  seasonal  driver's
 15    license,  or any endorsement may not retake the test within three (3) business
 16    days of the failure.
 17        (6)  Any person retaking a knowledge or skills test for a driver's license
 18    shall pay the appropriate testing fee as specified in  section  49-306,  Idaho
 19    Code.
 20        (7)  The  motorcycle  skills  test  for  a motorcycle endorsement shall be
 21    waived by the department:
 22        (a)  On and after September 1, 1998, if the applicant  presents  satisfac-
 23        tory  evidence  of  successful completion of a recognized motorcycle rider
 24        training course approved by the department of education;
 25        (b)  On and after September 1, 1998, if the applicant presents evidence of
 26        a motorcycle endorsement on his current license by  a  state  or  province
 27        which  requires  a  motorcycle  skills test equivalent to that required by
 28        Idaho law as determined by the department of education;
 29        (c)  Until September 1, 1998.
 30        (8) At the discretion of the department, an alternate skills test for  the
 31    motorcycle  endorsement may be administered when the endorsement is for opera-
 32    tion of a three-wheeled motorcycle only.
 33        (9) The department or its authorized agents may refuse to give  an  appli-
 34    cant  a skills test if there are reasonable grounds to believe that the safety
 35    of the applicant, public, or the examiner would be jeopardized  by  doing  so.
 36    Reasonable  grounds  would  include,  but  not  be limited to, the applicant's
 37    inability to pass the eye test, written tests, or a statement  by  a  licensed
 38    physician  stating the applicant is not physically able to drive a motor vehi-
 39    cle.
 40        (10) The department or its authorized agents may deny issuance or  renewal
 41    of  a  driver's  license or endorsement to any applicant who does not meet the
 42    licensing requirements for the class of driver's license or endorsement  being
 43    renewed or issued.
 44        (11) Skills examinations for seasonal driver's licenses shall be waived.
                                                                        
 45        SECTION  7.  That  Section  49-318, Idaho Code, be, and the same is hereby
 46    amended to read as follows:
                                                                        
 47        49-318.  DUPLICATE DRIVER LICENSES AND SUBSTITUTE PERMITS. (1) The  holder
 48    of  any  instruction  permit, class A, B, C or D, restricted school attendance
 49    driving permit, or seasonal driver's license which is lost or destroyed, or  a
 50    licensee  whose  name  is legally  changed, may apply for a duplicate driver's
 51    license or substitute permit. A duplicate driver's license or substitute  per-
 52    mit will be issued upon:
 53        (a)  Payment of the fee as provided in section 49-306, Idaho Code;
                                                                        
                                           10
                                                                        
  1        (b)  Furnishing  satisfactory  proof  that the permit, class A, B, C or D,
  2        restricted school attendance driving permit, or seasonal driver's  license
  3        has  been  lost or destroyed, or that the licensee's name has been legally
  4        changed; and
  5        (c)  Furnishing proof of the applicant's identity acceptable to the  exam-
  6        iner or the department and date of birth as set forth in  a certified copy
  7        of  his  birth certificate when obtainable, or another document which pro-
  8        vides evidence of a person's date of birth acceptable to the  examiner  or
  9        department.  In  the  case  of  a name change, the applicant shall provide
 10        legal documentation acceptable to the department to verify the change.
 11        (2)  A duplicate driver's  license  or  substitute  permit  shall  not  be
 12    issued,  as provided in subsection (1) of this section, if the license or per-
 13    mit is suspended, revoked, canceled or disqualified in this state or any other
 14    jurisdiction or if the applicant has  applied  for,  or  has  been  issued,  a
 15    license or permit in another jurisdiction.
 16        (3)  The  holder of any instruction permit, class A, B, C or D, restricted
 17    school attendance driving permit, or seasonal driver's license who requests  a
 18    duplicate  driver's license or substitute permit as provided in subsection (1)
 19    of this section, may request  that  the  notation  "permanently  disabled"  be
 20    imprinted   on  the  permit  or  license  and  the  department  shall  imprint
 21    "permanently disabled" on the permit or license if:
 22        (a)  The person has a permanent disability; and
 23        (b)  The person presents written certification from a  licensed  physician
 24        verifying  that  the  person's  stated impairment qualifies as a permanent
 25        disability as provided in section 49-117, Idaho Code; and
 26        (c)  The department determines that the person meets the requirements  for
 27        issuance  of  a  permit  or  license as specified in section 49-313, Idaho
 28        Code.
                                                                        
 29        SECTION 8.  That Section 49-322, Idaho Code, be, and the  same  is  hereby
 30    amended to read as follows:
                                                                        
 31        49-322.  AUTHORITY OF DEPARTMENT TO CANCEL DRIVER'S LICENSE OR INSTRUCTION
 32    PERMIT.  (1)  The  department  shall  cancel  any driver's license, restricted
 33    school attendance driving permit, or instruction permit upon determining  that
 34    the  licensee  or  permittee  was not entitled to the issuance of the driver's
 35    license or instruction permit, or that the licensee  or  permittee  failed  to
 36    give  the  required  or  correct  information in his application, or committed
 37    fraud in making the application.
 38        (2)  Upon a cancellation, the licensee or permittee  shall  surrender  the
 39    cancelled  canceled  driver's license or cancelled canceled instruction permit
 40    to the department.
 41        (3)  The department shall cancel a person's  commercial  driver's  license
 42    upon determining that the class A, B, or C licensee has falsified information.
 43    Upon  cancellation  of a class A, B, or C driver's license, the licensee shall
 44    be disqualified from operating a commercial motor  vehicle  for  a  period  of
 45    sixty (60) days.
 46        (4)  When  a  driver's  license has been cancelled canceled for reasons of
 47    impairment, incompetence or inability of the  licensed  driver  to  operate  a
 48    motor  vehicle safely as provided in section 49-303 or 49-326, Idaho Code, and
 49    the licensee has voluntarily surrendered  his  driver's  license,  or  when  a
 50    licensed  driver requests cancellation of his license for any of the same rea-
 51    sons stated in this subsection and he voluntarily surrenders his license,  the
 52    licensee  may be eligible for a no-fee identification card as provided in sec-
 53    tion 49-2444, Idaho Code.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                                     Moved by    Sandy               
                                                                        
                                                     Seconded by Ingram              
                                                                        
                                                                        
                                       IN THE SENATE
                       SENATE AMENDMENTS TO H.B. NO. 610, As Amended
                                                                        
                                                                        
  1                                AMENDMENT TO SECTION 4
  2        On page 7 of the engrossed bill, following line 35, insert:
  3        "(5)  In the event the student terminates their school enrollment  in  the
  4    district in which they have qualified for a restricted school attendance driv-
  5    ing permit, the permit shall be canceled.".
                                                                        
  6                               AMENDMENTS TO SECTION 5
  7        On  page  8,  in  line  6,  delete  "When  signing for a restricted school
  8    atten-", delete line 7 and in line 8, delete "attest that the  conditions  set
  9    forth  within  section  49-307A,  are  met."; and in line 10, following "age."
 10    insert: "When signing for a restricted school attendance driving  permit,  the
 11    person  signing  the  applicant's application shall attest that the conditions
 12    set forth within section 49-307A, Idaho Code, are met. Each application for  a
 13    restricted  school attendance driving permit shall also be signed by the local
 14    county sheriff, the president of the board of trustees  of  the  local  school
 15    district,  and  the school principal of the applicant's school, verifying that
 16    the conditions set forth within section 49-307A, Idaho Code, are met.".
                                                                        
 17                                 CORRECTIONS TO TITLE
 18        On page 1, in line 11, following "PERMITS" insert: "AND  TO  PROVIDE  THAT
 19    CERTAIN  OFFICIALS  SHALL  SIGN  APPLICATIONS FOR RESTRICTED SCHOOL ATTENDANCE
 20    DRIVING PERMITS VERIFYING THAT REQUIRED  CONDITIONS  FOR  ISSUANCE  HAVE  BEEN
 21    MET".

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. 610, As Amended, As Amended in the Senate
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MOTOR VEHICLES; AMENDING SECTION 49-301, IDAHO CODE, TO PROVIDE AN
  3        EXCEPTION FOR RESTRICTED SCHOOL ATTENDANCE DRIVING PERMITS; AMENDING  SEC-
  4        TION  49-303,  IDAHO  CODE,  TO PROVIDE AN EXCEPTION FOR RESTRICTED SCHOOL
  5        ATTENDANCE DRIVING PERMITS; AMENDING SECTION 49-306, IDAHO CODE,  TO  PRO-
  6        VIDE  FOR  APPLICATIONS AND A FEE FOR RESTRICTED SCHOOL ATTENDANCE DRIVING
  7        PERMITS; AMENDING CHAPTER 3, TITLE 49, IDAHO CODE, BY THE  ADDITION  OF  A
  8        NEW  SECTION  49-307A, IDAHO CODE, TO PROVIDE FOR RESTRICTED SCHOOL ATTEN-
  9        DANCE DRIVING PERMITS; AMENDING SECTION 49-310, IDAHO CODE, TO PROVIDE FOR
 10        ADULT SIGNATURES ON APPLICATIONS FOR RESTRICTED SCHOOL ATTENDANCE  DRIVING
 11        PERMITS  AND TO PROVIDE THAT CERTAIN OFFICIALS SHALL SIGN APPLICATIONS FOR
 12        RESTRICTED SCHOOL ATTENDANCE DRIVING PERMITS VERIFYING THAT REQUIRED  CON-
 13        DITIONS  FOR  ISSUANCE HAVE BEEN MET; AMENDING SECTION 49-313, IDAHO CODE,
 14        TO PROVIDE FOR EXAMINATION OF APPLICANTS FOR RESTRICTED SCHOOL  ATTENDANCE
 15        DRIVING  PERMITS  AND  TO  MAKE  A  TECHNICAL CORRECTION; AMENDING SECTION
 16        49-318, IDAHO CODE, TO PROVIDE FOR SUBSTITUTE RESTRICTED SCHOOL ATTENDANCE
 17        DRIVING PERMITS; AND AMENDING SECTION 49-322, IDAHO CODE, TO  PROVIDE  FOR
 18        CANCELLATION  OF  RESTRICTED SCHOOL ATTENDANCE DRIVING PERMITS AND TO MAKE
 19        TECHNICAL CORRECTIONS.
                                                                        
 20    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 21        SECTION 1.  That Section 49-301, Idaho Code, be, and the  same  is  hereby
 22    amended to read as follows:
                                                                        
 23        49-301.  DRIVERS  TO  BE  LICENSED.  (1) No person, except those expressly
 24    exempted by the provisions of this chapter, shall drive any motor vehicle upon
 25    a highway unless the person has a valid Idaho driver's license. Provided  how-
 26    ever, that those persons holding a restricted school attendance driving permit
 27    may  drive  upon  a  highway pursuant to the restrictions set forth in section
 28    49-307A, Idaho Code. No person shall  operate  a  motorcycle  upon  a  highway
 29    unless  he has a motorcycle endorsement on his valid driver's license. No per-
 30    son shall operate a commercial motor vehicle as  defined  in  section  49-123,
 31    Idaho  Code,  upon  a  highway  unless  he  has  a seasonal or class A, B or C
 32    driver's license with required endorsements. No person shall operate  a  motor
 33    vehicle  in  violation  of any valid restriction identified on or attached to,
 34    his valid driver's license. No person shall receive a class D driver's license
 35    unless and until he surrenders to the department all driver's licenses in  his
 36    possession issued to him by Idaho or any other jurisdiction for use within the
 37    United  States,  or  any identification cards issued by any other jurisdiction
 38    within the United States, or until he executes an affidavit that he  does  not
 39    possess  a  driver's  license  or any identification cards. No person shall be
 40    permitted to have more than one (1) driver's license issued for use within the
 41    United States at any time.
 42        (2)  Any holder of a class A, B or C commercial driver's license issued by
 43    a jurisdiction other than Idaho shall apply  for  an  Idaho-issued  commercial
                                                                        
                                           2
                                                                        
  1    driver's  license within thirty (30) days of establishing a domicile in Idaho.
  2    In accordance with the federal motor carrier  safety  regulations,  no  person
  3    shall  receive  a class A, B or C driver's license unless and until he surren-
  4    ders to the department all driver's licenses in his possession issued  to  him
  5    by Idaho or any other jurisdiction.
  6        A violation of this section is a misdemeanor.
                                                                        
  7        SECTION  2.  That  Section  49-303, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        49-303.  WHAT PERSONS SHALL NOT BE  LICENSED.  The  department  shall  not
 10    issue  any  driver's  license,  any instruction permit, privileges or right to
 11    drive and if issued, may revoke or cancel the driver's  license  of  a  person
 12    who:
 13        (1)  As  an operator of a vehicle requiring a class D driver's license, is
 14    under the age of seventeen (17) years, except that the department may issue  a
 15    driver's  license  to  any  person  who has successfully completed an approved
 16    driver training course, has completed the requirements of a class D supervised
 17    instruction permit, and who is at least fifteen (15) years of age, with  driv-
 18    ing  privileges restricted to daylight hours only, and with full privileges at
 19    sixteen (16) years of age. The restriction of daylight hours only  shall  mean
 20    that  period of time one-half (1/2) hour before sunrise to one-half (1/2) hour
 21    after sunset. If a person who is at least fifteen (15) years but is under sev-
 22    enteen (17) years of age  has  successfully  completed  an  approved  driver's
 23    training  course  and  has been issued a driver's license in another state, he
 24    may be issued a class D driver's license in this state. Provided however, that
 25    a restricted school attendance driving permit may be issued to  those  persons
 26    meeting the criteria set forth in section 49-307A, Idaho Code.
 27        (2)  As  an operator of a vehicle requiring a class D driver's license, is
 28    under the age of seventeen (17) years and has not  successfully  completed  an
 29    approved  driver  training  course and has not satisfied the requirements of a
 30    class D supervised instruction permit. Provided  however,  that  a  restricted
 31    school  attendance  driving  permit may be issued to those persons meeting the
 32    criteria set forth in section 49-307A, Idaho Code.
 33        (3)  As an operator of a commercial vehicle requiring a class A,  B  or  C
 34    driver's license is under the age of eighteen (18) years.
 35        (4)  Applicants with less than one (1) year of driving experience, as evi-
 36    denced  by  a  previous driver's license shall not be issued a class A, B or C
 37    driver's license or a class A, B or C instruction permit.
 38        (5)  As a  driver  has  had  his  license,  class  D  instruction  permit,
 39    restricted school attendance driving permit, privileges or right to drive sus-
 40    pended  for  the duration of the suspension, nor to any person who has had his
 41    class D driver's training instruction permit or class D supervised instruction
 42    permit canceled for the duration of the cancellation, nor to any person  whose
 43    license has been revoked, suspended, canceled or disqualified by this state or
 44    any  other  jurisdiction;  provided however, where a driver's license has been
 45    revoked, suspended, canceled or disqualified in any  other  jurisdiction,  and
 46    the driver has completed the period of revocation, suspension, cancellation or
 47    disqualification  as specified by the jurisdiction, that person may be granted
 48    a class D driver's license in this state if five (5) years have  elapsed  from
 49    the  time  of  eligibility  for  reinstatement in the other jurisdiction, even
 50    though the driver has not fulfilled the requirements for reinstatement in  the
 51    other jurisdiction.
 52        (6)  Is an habitual drunkard, or is addicted to the use of narcotic drugs.
 53        (7)  Has  previously  been adjudged to be afflicted with or suffering from
                                                                        
                                           3
                                                                        
  1    any mental disability or disease and who has not at the  time  of  application
  2    been restored to competency by the methods provided by law.
  3        (8)  Is required by the provisions of this chapter to take an examination,
  4    unless that person shall have successfully passed such examination.
  5        (9)  May  be  required  under  any  law  of this state to furnish proof of
  6    financial  responsibility and who has not furnished that proof.
  7        (10) The department has good cause to believe  that  the  operation  of  a
  8    motor vehicle on the highways by that person would be harmful to public safety
  9    or welfare.
 10        (11) Is  disqualified  for  a  class  A,  B or C license, except he may be
 11    issued a class D driver's license.
 12        (12) Is under eighteen (18) years of age and is not  enrolled  in  school,
 13    has  not  received  a  waiver  pursuant to or has not satisfactorily completed
 14    school as provided in section 49-303A, Idaho Code.
 15        (13) Is not a resident of the state of Idaho.
                                                                        
 16        SECTION 3.  That Section 49-306, Idaho Code, be, and the  same  is  hereby
 17    amended to read as follows:
                                                                        
 18        49-306.  APPLICATION  FOR  DRIVER'S  LICENSE,  OR  INSTRUCTION  PERMIT, OR
 19    RESTRICTED SCHOOL ATTENDANCE DRIVING PERMIT. (1)  Every  application  for  any
 20    instruction  permit,  restricted  school  attendance  driving permit, or for a
 21    driver's license shall be made upon a form furnished  by  the  department  and
 22    shall  be  verified  by the applicant before a person authorized to administer
 23    oaths. Officers and employees of the department and sheriffs and  their  depu-
 24    ties  are authorized to administer the oaths without charge. Every application
 25    for a permit, extension or driver's license shall be accompanied by  the  fol-
 26    lowing fee, none of which is refundable:
 27        (a)  Class  A,  B, C (4-year) license with endorsements - age 21 years and
 28        older ............................................................. $28.50
 29        (b)  Class A, B, C (3-year) license with endorsements - age 18 to 21 years
 30        ................................................................... $20.50
 31        (c)  Class A, B, C (1-year) license  with  endorsements  -  age  20  years
 32        ................................................................... $12.25
 33        (d)  Class D (3-year) license - under age 18 years ................ $20.50
 34        (e)  Class D (3-year) license - age 18 to 21 years ................ $20.50
 35        (f)  Class D (1-year) license - age 17 years or age 20 years ...... $12.25
 36        (g)  Four-year Class D license - age 21 years and older ........... $24.50
 37        (h)  Eight-year Class D license - age 21 to 63 years .............. $45.00
 38        (i)  Class A, B, C instruction permit ............................. $19.50
 39        (j)  Class   D   instruction   permit  or  supervised  instruction  permit
 40        ................................................................. . $11.50
 41        (k)  Duplicate driver's license or permit  issued  under  section  49-318,
 42        Idaho Code ........................................................ $11.50
 43        (l)  Driver's  license  extension  issued under section 49-319, Idaho Code
 44        ................................................................... $ 6.50
 45        (m)  License classification change (upgrade) ...................... $15.50
 46        (n)  Endorsement addition ......................................... $11.50
 47        (o)  Class A, B, C skills tests ..................... not more than $55.00
 48        (p)  Class D skills test .......................................... $15.00
 49        (q)  Motorcycle endorsement skills test ........................... $ 5.00
 50        (r)  Knowledge test ............................................... $ 3.00
 51        (s)  Seasonal driver's license .................................... $27.50
 52        (t)  One time motorcycle "M" endorsement .......................... $11.50
 53        (u)  Motorcycle endorsement instruction permit .................... $11.50
                                                                        
                                           4
                                                                        
  1        (v)  Restricted driving permit or  restricted  school  attendance  driving
  2        permit ............................................................ $35.00
  3        (2)  Every application shall state the true and full name, date of birth,
  4    sex,  declaration  of  Idaho  residency,  Idaho  residence address and mailing
  5    address, if different, of the applicant, height, weight, hair color,  and  eye
  6    color,  and  the  applicant's  social  security  number  as  verified  by  the
  7    applicant's social security card or by the social security administration.
  8        (a)  The requirement that an applicant provide a social security number as
  9        verified by his social security card or by the social security administra-
 10        tion  shall apply only to applicants who have been assigned a social secu-
 11        rity number.
 12        (b)  An applicant who has not  been  assigned  a  social  security  number
 13        shall:
 14             (i)   Present  written verification from the social security adminis-
 15             tration that the applicant has not been assigned  a  social  security
 16             number; and
 17             (ii)  Submit  a birth certificate, passport or other documentary evi-
 18             dence issued by an entity other than a state or  the  United  States;
 19             and
 20             (iii) Submit such proof as the department may require that the appli-
 21             cant is lawfully present in the United States.
 22        A  driver's  license or any instruction permit issued on and after January
 23    1, 1993, shall not contain an applicant's social security number. Applications
 24    on file shall be exempt from disclosure except as provided in sections 49-202,
 25    49-203, 49-203A and 49-204, Idaho Code.
 26        Every application shall also state whether the  applicant  has  previously
 27    been  licensed  as a driver, and if so, when and by what state or country, and
 28    whether a driver's license or privileges have ever  been  suspended,  revoked,
 29    denied,  disqualified,  canceled  or  whether  an  application  has  ever been
 30    refused, and if so, the date of and reason  for  the  suspension,  revocation,
 31    denial,  disqualification,  cancellation  or  refusal and the applicant's oath
 32    that all information is correct as signified by the applicant's signature.
 33        The applicant may be required to submit proof of  identity  acceptable  to
 34    the  examiner  or the department and date of birth as set forth in a certified
 35    copy of his birth certificate when obtainable, or another document which  pro-
 36    vides  satisfactory  evidence  of  a  person's date of birth acceptable to the
 37    examiner or the department.
 38        (3)  Whenever an application is received from a person previously licensed
 39    in another jurisdiction, the department shall request a copy of  the  driver's
 40    record  from the other jurisdiction and shall contact the national driver reg-
 41    ister. When received, the driver's record from the previous jurisdiction shall
 42    become a part of the driver's record in this state with  the  same  force  and
 43    effect  as though entered on the driver's record in this state in the original
 44    instance.
 45        (4)  Whenever the department receives a request for a driver's record from
 46    another licensing jurisdiction, the record shall be forwarded without charge.
 47        (5)  The department shall contact and notify the commercial driver license
 48    information system of the proposed application for a class A, B or C  driver's
 49    license  to  insure  identification  of  the person and to obtain clearance to
 50    issue the license.
 51        (6)  When the fees required under this section are collected by  a  county
 52    officer,  they  shall be paid over to the county treasurer not less often than
 53    monthly, who shall immediately:
 54        (a)  Deposit an amount equal to five dollars ($5.00)  from  each  driver's
 55        license  except  an eight-year class D license, or any class D instruction
                                                                        
                                           5
                                                                        
  1        permit application fees, application for a duplicate driver's  license  or
  2        permit,  classification  change,  seasonal driver's license and additional
  3        endorsement, and  ten  dollars  ($10.00)  from  each  eight-year  class  D
  4        driver's license, in the current expense fund; and
  5        (b)  Deposit  two  dollars  and  fifty  cents ($2.50) from each motorcycle
  6        endorsement and motorcycle endorsement instruction permit fee in the  cur-
  7        rent expense fund; and
  8        (c)  Deposit  an amount equal to three dollars ($3.00) from each fee for a
  9        knowledge test in the current expense fund; and
 10        (d)  Deposit an amount equal to five dollars ($5.00) from each fee  for  a
 11        motorcycle  endorsement  skills test in the current expense fund; provided
 12        however, if a contractor administers the skills test he shall be  entitled
 13        to the five dollar ($5.00) fee; and
 14        (e)  Remit the remainder to the state treasurer; and
 15        (f)  Deposit  eleven  dollars and fifty cents ($11.50) from each fee for a
 16        class D skills test into the county current expense fund, unless the  test
 17        is  administered  by  a  department-approved contractor, in which case the
 18        contractor shall be entitled to eleven dollars and fifty cents ($11.50) of
 19        each fee.
 20        (7)  When the fees required under this section are collected  by  a  state
 21    officer or agency, they shall be paid over to the state treasurer.
 22        (8)  The  state  treasurer  shall distribute the moneys received from fees
 23    imposed by the provisions of this section, whether collected by a county offi-
 24    cer or by a state officer or agency as follows:
 25        (a)  Two dollars ($2.00) of each fee for a four-year driver's  license  or
 26        seasonal  driver's  license,  and  four dollars ($4.00) of each fee for an
 27        eight-year class D driver's  license,  and  one  dollar  and  fifty  cents
 28        ($1.50)  of each fee charged for driver's licenses pursuant to subsections
 29        (1)(b), (d) and (e) of this section, and fifty cents  (50)  of  each  fee
 30        charged  for  driver's  licenses pursuant to subsections (1)(c) and (f) of
 31        this section, shall be deposited in the emergency medical services fund II
 32        created in section 56-1018A, Idaho Code, and four dollars ($4.00) of  each
 33        fee  charged  pursuant  to subsections (1)(a), (g) and (s) of this section
 34        and eight dollars ($8.00) of  each  fee  charged  pursuant  to  subsection
 35        (1)(h)  of this section and three dollars ($3.00) of each fee for driver's
 36        licenses pursuant to subsections (1)(b), (d) and (e) of this section,  and
 37        one  dollar  ($1.00) of each fee charged for driver's licenses pursuant to
 38        subsections (1)(c) and (f) of this section shall be deposited in the emer-
 39        gency medical services fund III created in section 56-1018B,  Idaho  Code;
 40        and
 41        (b)  Sixteen  dollars  and fifty cents ($16.50) of each fee for a seasonal
 42        or class A, B or C driver's license, and ten dollars ($10.00) of each  fee
 43        charged  for  a license pursuant to subsection (1)(b) of this section, and
 44        five dollars and forty-one cents ($5.41) of each fee charged for a license
 45        pursuant to subsection (1)(c) of this section shall be  deposited  in  the
 46        state highway fund; and
 47        (c)  Ten  dollars and fifty cents ($10.50) of each fee for a class A, B or
 48        C instruction permit or driver's license classification  change  shall  be
 49        deposited in the state highway fund; and
 50        (d)  Four  dollars  ($4.00)  of each fee for a class A, B or C instruction
 51        permit shall be deposited in the emergency medical services fund III  cre-
 52        ated in section 56-1018B, Idaho Code; and
 53        (e)  Six  dollars and fifty cents ($6.50) of each fee for a duplicate sea-
 54        sonal or class A, B or C driver's  license,  class  A,  B  or  C  driver's
 55        license  extension,  or  additional  endorsement shall be deposited in the
                                                                        
                                           6
                                                                        
  1        state highway fund; and
  2        (f)  Four dollars ($4.00) of each fee for  a  motorcycle  endorsement  and
  3        motorcycle  endorsement instruction permit shall be deposited in the state
  4        highway fund; and
  5        (g)  Five dollars and thirty cents ($5.30) of each  fee  for  a  four-year
  6        class D driver's license, and ten dollars and sixty cents ($10.60) of each
  7        fee  for an eight-year  class D driver's license, and four dollars ($4.00)
  8        of each fee charged for a license pursuant to subsections (1)(d)  and  (e)
  9        of this section, and one dollar and thirty-three cents ($1.33) of each fee
 10        charged  for a license pursuant to subsection (1)(f) of this section shall
 11        be deposited in the driver training fund; and
 12        (h)  Seven dollars and twenty cents ($7.20) of each fee  for  a  four-year
 13        class D driver's license, and ten dollars and forty cents ($10.40) of each
 14        fee for an eight-year class D driver's license, and six dollars ($6.00) of
 15        each  fee  charged for a license pursuant to subsections (1)(d) and (e) of
 16        this section, and four dollars and eight cents ($4.08) of each fee charged
 17        for a license pursuant to subsection  (1)(f)  of  this  section  shall  be
 18        deposited in the highway distribution fund; and
 19        (i)  Two  dollars  and  sixty  cents  ($2.60)  of  each  fee for a class D
 20        instruction permit, duplicate class D  license  or  permit,  and  class  D
 21        license extension shall be deposited in the driver training fund; and
 22        (j)  Three  dollars  and  ninety  cents  ($3.90) of each fee for a class D
 23        instruction permit, duplicate class D  license  or  permit,  and  class  D
 24        license extension shall be deposited in the highway distribution fund; and
 25        (k)  Five  dollars  ($5.00)  of each fee for a class A, B or C skills test
 26        shall be deposited in the state highway fund; and
 27        (l)  One dollar ($1.00) of each fee for a class A, B,  C  or  four-year  D
 28        driver's  license,  and  two dollars ($2.00) of each fee for an eight-year
 29        class D driver's license, and one dollar ($1.00) of each fee charged for a
 30        license pursuant to subsections (1)(b), (d) and (e) of this  section,  and
 31        thirty-four cents (34) of each fee charged for a license pursuant to sub-
 32        sections  (1)(c)  and (f) of this section shall be deposited in the motor-
 33        cycle safety program fund established in section 33-4904, Idaho Code; and
 34        (m)  Three dollars and fifty cents ($3.50) of  each  fee  for  a  class  D
 35        skills test shall be deposited into the state highway fund.
 36        (9)  The  contractor  administering a class A, B or C skills test shall be
 37    entitled to not more than fifty dollars ($50.00) of the  skills  test  fee.  A
 38    contractor  administering  a  class A, B or C skills test may collect an addi-
 39    tional fee for the use of the contractor's vehicle for the skills test.
 40        (10) Thirty-five dollars ($35.00) of each restricted  driving  permit  and
 41    each  restricted  school  attendance  driving permit shall be deposited in the
 42    state highway fund.
 43        (11) The department may issue seasonal class B or C driver's  licenses  to
 44    drivers who are employees of agri-chemical businesses, custom harvesters, farm
 45    retail outlets and suppliers, and livestock feeders that:
 46        (a)  Will  only  be  valid  for  driving commercial vehicles that normally
 47        require class B or C commercial driver's licenses;
 48        (b)  Will be valid for seasonal periods that begin on the date of issuance
 49        and that are not to exceed one hundred eighty (180) days in a twelve  (12)
 50        month period;
 51        (c)  May only be obtained twice in a driver's lifetime;
 52        (d)  Are  valid  only  within a one hundred fifty (150) mile radius of the
 53        place of business or farm being serviced; and
 54        (e)  Will be valid only in conjunction with valid Idaho class  D  driver's
 55        licenses.
                                                                        
                                           7
                                                                        
  1        (12) The  department  may issue seasonal class B or C driver's licenses to
  2    drivers who:
  3        (a)  Have not violated the single license provisions of applicable federal
  4        regulations;
  5        (b)  Have not had any license suspensions, revocations or cancellations;
  6        (c)  Have not had any convictions in any vehicle for any offense listed in
  7        section 49-335(1) or (2), Idaho Code,  or  any  one  (1)  serious  traffic
  8        offense;
  9        (d)  Have  at  least  one (1) year of driving experience with a class D or
 10        equivalent license in any type motor vehicle; and
 11        (e)  Are at least sixteen (16) years old.
                                                                        
 12        SECTION 4.  That Chapter 3, Title 49, Idaho Code,  be,  and  the  same  is
 13    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 14    ignated as Section 49-307A, Idaho Code, and to read as follows:
                                                                        
 15        49-307A.  RESTRICTED SCHOOL ATTENDANCE DRIVING PERMIT. Notwithstanding any
 16    other provision of this chapter applying to licenses or permits, and  notwith-
 17    standing the minimum age requirement for a driver training course specified in
 18    section 33-1703, Idaho Code, other than those provisions specifically applying
 19    to restricted school attendance driving permits:
 20        (1) The department may issue a restricted school attendance driving permit
 21    to  a  minor  fourteen  (14) years of age, but less than sixteen (16) years of
 22    age, provided the following:
 23        (a)  The minor resides in an Idaho school district with  a  population  of
 24        less than one hundred fifty (150) people;
 25        (b)  The  minor  attends  an  educational program as identified in section
 26        49-303A, Idaho Code, and complies with the provisions of section  49-303A,
 27        Idaho  Code, including submission of verification of attendance compliance
 28        by the school district to the department; and
 29        (c)  There is no school bus service provided to transport the minor to and
 30        from school, as verified by the school district to the department.
 31        (2)  The permit, if issued, shall only entitle the minor to drive  to  and
 32    from  school,  and  school  sponsored activities occurring at the school where
 33    enrolled, between the hours of 6:00 a.m. and 9:00 p.m.
 34        (3)  The minor must have completed a driver  training  course  and  comply
 35    with section 49-310, Idaho Code, as a condition of issuance of a permit pursu-
 36    ant to the provisions of this section.
 37        (4)  The restricted school attendance driving permit shall be canceled for
 38    conviction of any traffic offense and shall not be reissued.
 39        (5)  In  the  event  the student terminates their school enrollment in the
 40    district in which they have qualified for a restricted school attendance driv-
 41    ing permit, the permit shall be canceled.
                                                                        
 42        SECTION 5.  That Section 49-310, Idaho Code, be, and the  same  is  hereby
 43    amended to read as follows:
                                                                        
 44        49-310.  APPLICATIONS  OF PERSONS UNDER THE AGE OF EIGHTEEN YEARS. (1) The
 45    application of any person under the age of eighteen (18) years for any class D
 46    instruction permit, restricted driver's license, restricted school  attendance
 47    driving permit, or driver's license shall be signed and verified before a per-
 48    son  authorized  to  administer  oaths  by  either the father or mother of the
 49    applicant, if both are living and have custody of him; or if either  be  dead,
 50    then  by the surviving parent who has custody of him; or by the Idaho resident
 51    host of a foreign exchange student, or in the event neither parent is  living,
                                                                        
                                           8
                                                                        
  1    or  if living and does not have the custody of the applicant, then by the per-
  2    son or guardian having such custody, with verifiable custody  or  guardianship
  3    documents, or by an employer of the applicant. In the event there is no guard-
  4    ian or employer then some other responsible person willing to assume the obli-
  5    gation  for  the  applicant may sign the application. Any person who signs the
  6    applicant's application shall attest that the applicant is in compliance  with
  7    the  school  attendance  provisions  of  section 49-303A, Idaho Code, and when
  8    signing for a class D  driver's  training  permit  or  a  class  D  supervised
  9    instruction  permit,  shall  attest  that  the  minor person has satisfied the
 10    requirements and conditions applicable to the class D  supervised  instruction
 11    permit  pursuant  to section 49-307, Idaho Code, when the minor person applies
 12    for a class D driver's license. The person willing  to  assume  responsibility
 13    for  the  applicant  must be at least eighteen (18) years of age. When signing
 14    for a restricted school attendance driving  permit,  the  person  signing  the
 15    applicant's application shall attest that the conditions set forth within sec-
 16    tion  49-307A,  Idaho  Code, are met. Each application for a restricted school
 17    attendance driving permit shall also be signed by the  local  county  sheriff,
 18    the  president  of the board of trustees of the local school district, and the
 19    school principal of the applicant's school, verifying that the conditions  set
 20    forth within section 49-307A, Idaho Code, are met.
 21        (2)  Any  negligence  or  willful  misconduct of a person under the age of
 22    eighteen (18) years when operating a motor vehicle upon  a  highway  shall  be
 23    imputed  to  the person who signed the application of that person for a permit
 24    or driver's license, and that person shall be  jointly  and  severally  liable
 25    with the permit or driver's license holder for any damage caused by negligence
 26    or willful misconduct, except as otherwise provided by law.
 27        (3)  In  the  event  a  permit or driver's license holder under the age of
 28    eighteen (18) years deposits, or there is deposited upon his behalf, proof  of
 29    financial  responsibility in respect to the operation of any motor vehicle, in
 30    form and in amounts as required under the motor vehicle financial responsibil-
 31    ity laws of this state, or by the director if the form and amount is not fixed
 32    by law, then the department may accept the application when signed by one  (1)
 33    parent  or  guardian  of the applicant, and while that proof is maintained the
 34    parent or guardian shall not be subject to the liability imposed under subsec-
 35    tion (2) of this section.
 36        (4)  Any person who has signed the application of a minor for a permit  or
 37    driver's  license shall be liable civilly for the payment of any court penalty
 38    imposed because the minor has been  found  to  have  committed  an  infraction
 39    violation.  The provisions of this section shall not apply or create any civil
 40    liability for the person signing the application in connection with any pedes-
 41    trian or bicycle infraction, and provided this subsection shall not  apply  to
 42    any civil action where the plaintiff is other than the state of Idaho.
                                                                        
 43        SECTION  6.  That  Section  49-313, Idaho Code, be, and the same is hereby
 44    amended to read as follows:
                                                                        
 45        49-313.  EXAMINATION OF APPLICANTS. (1) The sheriff, his deputy or  autho-
 46    rized  agents  of the department shall examine every applicant for an instruc-
 47    tion permit, restricted school attendance driving  permit,  seasonal  driver's
 48    license,  or  a driver's license or a motorcycle endorsement, except as other-
 49    wise provided by law. The examination shall include a test of the  applicant's
 50    eyesight,  his  ability to read and understand highway signs regulating, warn-
 51    ing, and directing traffic. A skills test shall be required for  an  applicant
 52    who  has  not  been previously licensed for the class of license requested, or
 53    who holds a license issued by another country unless a reciprocal agreement is
                                                                        
                                           9
                                                                        
  1    in force. However, a skills test may be required for any and all other  appli-
  2    cants at the discretion of the examiner or department for a class A, B, C or D
  3    driver's  license  or  a  motorcycle endorsement. In addition, the applicant's
  4    knowledge of traffic laws of this state and when a motorcycle  endorsement  is
  5    applied  for, the applicant's knowledge of safe motorcycle operating practices
  6    and traffic laws specifically relating to motorcycle operation shall be tested
  7    by a written examination, except as provided in section 49-319, Idaho Code. At
  8    the discretion of the examiner, the prescribed written examination may be con-
  9    ducted orally.
 10        (2)  The knowledge and skills examinations  for  applicants  for  driver's
 11    licenses  in class A, B or C shall be conducted in compliance with 49 CFR part
 12    383.
 13        (3)  The  skills test for a class A, B, C or D driver's license or for any
 14    endorsement shall be given by the department or  its  authorized  agents.  The
 15    skills examiner for a motorcycle endorsement shall be certified by the depart-
 16    ment of education.
 17        (4)  The department shall not issue a tank, double/triple trailer, or haz-
 18    ardous  material  endorsement  unless  the applicant, in addition to all other
 19    applicable qualifications, has  passed  an  appropriate  knowledge  test.  The
 20    department  shall  not  issue a passenger endorsement unless the applicant, in
 21    addition to all other applicable qualifications,  has  passed  an  appropriate
 22    knowledge and skills test.
 23        (5)  Any  person failing to pass a knowledge or skills test for a class A,
 24    B, C or D driver's license, or  a  knowledge  test  for  a  seasonal  driver's
 25    license,  or any endorsement may not retake the test within three (3) business
 26    days of the failure.
 27        (6)  Any person retaking a knowledge or skills test for a driver's license
 28    shall pay the appropriate testing fee as specified in  section  49-306,  Idaho
 29    Code.
 30        (7)  The  motorcycle  skills  test  for  a motorcycle endorsement shall be
 31    waived by the department:
 32        (a)  On and after September 1, 1998, if the applicant  presents  satisfac-
 33        tory  evidence  of  successful completion of a recognized motorcycle rider
 34        training course approved by the department of education;
 35        (b)  On and after September 1, 1998, if the applicant presents evidence of
 36        a motorcycle endorsement on his current license by  a  state  or  province
 37        which  requires  a  motorcycle  skills test equivalent to that required by
 38        Idaho law as determined by the department of education;
 39        (c)  Until September 1, 1998.
 40        (8) At the discretion of the department, an alternate skills test for  the
 41    motorcycle  endorsement may be administered when the endorsement is for opera-
 42    tion of a three-wheeled motorcycle only.
 43        (9) The department or its authorized agents may refuse to give  an  appli-
 44    cant  a skills test if there are reasonable grounds to believe that the safety
 45    of the applicant, public, or the examiner would be jeopardized  by  doing  so.
 46    Reasonable  grounds  would  include,  but  not  be limited to, the applicant's
 47    inability to pass the eye test, written tests, or a statement  by  a  licensed
 48    physician  stating the applicant is not physically able to drive a motor vehi-
 49    cle.
 50        (10) The department or its authorized agents may deny issuance or  renewal
 51    of  a  driver's  license or endorsement to any applicant who does not meet the
 52    licensing requirements for the class of driver's license or endorsement  being
 53    renewed or issued.
 54        (11) Skills examinations for seasonal driver's licenses shall be waived.
                                                                        
                                           10
                                                                        
  1        SECTION  7.  That  Section  49-318, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        49-318.  DUPLICATE DRIVER LICENSES AND SUBSTITUTE PERMITS. (1) The  holder
  4    of  any  instruction  permit, class A, B, C or D, restricted school attendance
  5    driving permit, or seasonal driver's license which is lost or destroyed, or  a
  6    licensee  whose  name  is legally  changed, may apply for a duplicate driver's
  7    license or substitute permit. A duplicate driver's license or substitute  per-
  8    mit will be issued upon:
  9        (a)  Payment of the fee as provided in section 49-306, Idaho Code;
 10        (b)  Furnishing  satisfactory  proof  that the permit, class A, B, C or D,
 11        restricted school attendance driving permit, or seasonal driver's  license
 12        has  been  lost or destroyed, or that the licensee's name has been legally
 13        changed; and
 14        (c)  Furnishing proof of the applicant's identity acceptable to the  exam-
 15        iner or the department and date of birth as set forth in  a certified copy
 16        of  his  birth certificate when obtainable, or another document which pro-
 17        vides evidence of a person's date of birth acceptable to the  examiner  or
 18        department.  In  the  case  of  a name change, the applicant shall provide
 19        legal documentation acceptable to the department to verify the change.
 20        (2)  A duplicate driver's  license  or  substitute  permit  shall  not  be
 21    issued,  as provided in subsection (1) of this section, if the license or per-
 22    mit is suspended, revoked, canceled or disqualified in this state or any other
 23    jurisdiction or if the applicant has  applied  for,  or  has  been  issued,  a
 24    license or permit in another jurisdiction.
 25        (3)  The  holder of any instruction permit, class A, B, C or D, restricted
 26    school attendance driving permit, or seasonal driver's license who requests  a
 27    duplicate  driver's license or substitute permit as provided in subsection (1)
 28    of this section, may request  that  the  notation  "permanently  disabled"  be
 29    imprinted   on  the  permit  or  license  and  the  department  shall  imprint
 30    "permanently disabled" on the permit or license if:
 31        (a)  The person has a permanent disability; and
 32        (b)  The person presents written certification from a  licensed  physician
 33        verifying  that  the  person's  stated impairment qualifies as a permanent
 34        disability as provided in section 49-117, Idaho Code; and
 35        (c)  The department determines that the person meets the requirements  for
 36        issuance  of  a  permit  or  license as specified in section 49-313, Idaho
 37        Code.
                                                                        
 38        SECTION 8.  That Section 49-322, Idaho Code, be, and the  same  is  hereby
 39    amended to read as follows:
                                                                        
 40        49-322.  AUTHORITY OF DEPARTMENT TO CANCEL DRIVER'S LICENSE OR INSTRUCTION
 41    PERMIT.  (1)  The  department  shall  cancel  any driver's license, restricted
 42    school attendance driving permit, or instruction permit upon determining  that
 43    the  licensee  or  permittee  was not entitled to the issuance of the driver's
 44    license or instruction permit, or that the licensee  or  permittee  failed  to
 45    give  the  required  or  correct  information in his application, or committed
 46    fraud in making the application.
 47        (2)  Upon a cancellation, the licensee or permittee  shall  surrender  the
 48    cancelled  canceled  driver's license or cancelled canceled instruction permit
 49    to the department.
 50        (3)  The department shall cancel a person's  commercial  driver's  license
 51    upon determining that the class A, B, or C licensee has falsified information.
 52    Upon  cancellation  of a class A, B, or C driver's license, the licensee shall
                                                                        
                                           11
                                                                        
  1    be disqualified from operating a commercial motor  vehicle  for  a  period  of
  2    sixty (60) days.
  3        (4)  When  a  driver's  license has been cancelled canceled for reasons of
  4    impairment, incompetence or inability of the  licensed  driver  to  operate  a
  5    motor  vehicle safely as provided in section 49-303 or 49-326, Idaho Code, and
  6    the licensee has voluntarily surrendered  his  driver's  license,  or  when  a
  7    licensed  driver requests cancellation of his license for any of the same rea-
  8    sons stated in this subsection and he voluntarily surrenders his license,  the
  9    licensee  may be eligible for a no-fee identification card as provided in sec-
 10    tion 49-2444, Idaho Code.

Statement of Purpose / Fiscal Impact


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                      STATEMENT OF PURPOSE
                                
                           RS 11790C1
                                
The Department of Transportation may issue a minor student
fourteen (14) years of age but less than sixteen (16) years of age a
Restricted School Attendance Driving Permit when very stringent
requirements are met:


1.    The minor resides in a county with a population of less than one-
hundred fifty (150) people.
2.   The parent or guardian must sign the application and assume full
responsibility for the student.
3.   The sherif or his authorized agent shall examine every applicant
request.
4.   The minor attends an educational program as identified in section
49-303 A, Idaho Code and complies with the provision of the
section, including verification of attendance.
5.   There is no school bus service provided to transport a minor to
and from school.
6.   The permit if issued would only entitle the minor to drive to and
from school and school sponsored activities between the hours of
6:00 a.m. and 9:00 p.m.
7.   Compliance with section 49-310, Idaho Code, is required as a
condition of issuance of a Restricted School Attendance Driving
Permit.
8.   The cost for the Restricted School Attendance Driving Permit
shall be $35.00.
   


                         FISCAL IMPACT
                               
Start up costs for the program. These costs would be offset by license
fees.


Contact
Name:  Frances Field
Phone: 332-1000
     


STATEMENT OF PURPOSE/FISCAL NOTE                  H 610