2002 Legislation
Print Friendly

SENATE BILL NO. 1420 – Motor fuel, theft, pnlty


View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact

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

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

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

Daily Data Tracking History

S1420.................................................by HEALTH AND WELFARE
MOTOR FUEL - THEFT - Amends and adds to existing law to provide additional
penalties for a person intentionally or willfully leaving the premises of
an establishment at which motor fuel is offered for retail sale without
paying for the motor fuel; and to provide for suspension of driving
privileges for nonpayment for motor fuels.
02/11    Senate intro - 1st rdg - to printing
02/12    Rpt prt - to Jud
02/21    Rpt out - rec d/p - to 2nd rdg
02/22    2nd rdg - to 3rd rdg
02/27    3rd rdg - FAILED - 12-22-1
      AYES -- Andreason, Branch(Bartlett), Burtenshaw, Cameron, Darrington,
      Ipsen, Lodge, Richardson, Risch, Sorensen, Thorne, Williams
      NAYS -- Boatright, Brandt, Davis, Deide, Dunklin, Frasure, Geddes,
      Goedde, Hawkins, Hill, Ingram, Keough, King-Barrutia, Little, Marley,
      Noh, Sandy, Schroeder, Sims, Stegner, Stennett, Wheeler
      Absent and excused -- Bunderson
    Floor Sponsor - Ipsen
    To Secretary of Senate

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                       IN THE SENATE
                                    SENATE BILL NO. 1420
                              BY HEALTH AND WELFARE COMMITTEE
  1                                        AN ACT
  9    Be It Enacted by the Legislature of the State of Idaho:
 10        SECTION  1.  That  Chapter  24,  Title 18, Idaho Code, be, and the same is
 11    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 12    ignated as Section 18-2412, Idaho Code, and to read as follows:
 13        18-2412.  NONPAYMENT  FOR  MOTOR FUELS -- ADDITIONAL PENALTY. A person who
 14    intentionally or willfully leaves the premises of an  establishment  at  which
 15    motor fuel offered for retail sale was dispensed into the fuel tank of a motor
 16    vehicle  by driving away in that motor vehicle without having made due payment
 17    of authorized charges for the motor fuel dispensed  is  guilty  of  theft  and
 18    shall  be  punished as provided in section 18-2408, Idaho Code. In addition to
 19    the penalties provided by section 18-2408, Idaho Code, for the  first  offense
 20    under  this  section,  the court shall suspend the person's driving privileges
 21    for thirty (30)  days, for a second offense the  person's  driving  privileges
 22    shall  be  suspended for six (6) months and for a third and subsequent offense
 23    the person's driving privileges shall be suspended for one (1)  year  and  the
 24    court  shall  notify  the  Idaho transportation department of such action.  An
 25    offense shall be deemed to have been committed in every case  of   a  plea  of
 26    guilty,  a  finding of guilt or a conviction. "Motor fuel" shall be as defined
 27    in section 63-2401, Idaho Code.
 28        SECTION 2.  That Section 49-326, Idaho Code, be, and the  same  is  hereby
 29    amended to read as follows:
 31    LICENSE  AND  PRIVILEGES. (1) If the court has not ordered the suspension of a
 32    license or privileges, the department is authorized to suspend, disqualify  or
 33    revoke  the license or privileges of a driver without preliminary hearing upon
 34    a showing by its records or other sufficient evidence that the driver:
 35        (a)  Has committed an offense for which mandatory  revocation,  suspension
 36        or  disqualification of license or privileges is required upon conviction,
 37        court order or administrative action;
 38        (b)  Has been convicted in any court in this state of an offense against a
 39        municipal ordinance which would have been grounds for suspension,  revoca-
 40        tion  or  disqualification  of  his driver's license or privileges had the
 41        charge been prosecuted under a state law;
  1        (c)  Is incompetent to drive a motor vehicle;
  2             1.  Any person who in the opinion of the department, based upon  rec-
  3             ommendation  of the person's personal physician, is afflicted with or
  4             subject to any condition which brings about  momentary  or  prolonged
  5             lapses  of consciousness or control, which is or  may become chronic,
  6             or when the person is suffering from a physical or mental  disability
  7             or  disease  serving  to  prevent  him from exercising reasonable and
  8             ordinary control over a motor vehicle while  operating  it  upon  the
  9             streets and highways, or any person who is unable to understand high-
 10             way  signs,  warning, regulating or directing traffic, is incompetent
 11             to drive a motor vehicle.
 12             2.  Any person who shall not have minimum visual acuity with or with-
 13             out corrective lenses of 20/40 in at least one (1) eye as  determined
 14             by  the  Snellen  system or other available systems is incompetent to
 15             operate a motor vehicle,  however,  the  department  shall  have  the
 16             authority  to  license such person upon the recommendation of an oph-
 17             thalmologist or qualified physician and  upon  passage  of  a  skills
 18             test. At 20/70 or more in both eyes with or without corrective lenses
 19             the  department  may suspend the driver's license and privileges. Any
 20             person who applies for or receives any type of tax, welfare or  other
 21             benefits  or  exemptions for the blind shall be conclusively presumed
 22             incompetent to operate a motor vehicle.
 23             3.  Any person, department, or political subdivision of the state  of
 24             Idaho  who  receives an application for any type of tax, welfare, aid
 25             or other benefits or exemptions for the blind shall immediately  for-
 26             ward  the  name, address, sex, date of birth, and date of application
 27             of the applicant to the department;
 28        (d)  Has permitted an unlawful or fraudulent use of a driver's license;
 29        (e)  Has committed an offense in another state as evidenced by  a  convic-
 30        tion,  court  order  or administrative action, which if committed in Idaho
 31        would be grounds for suspension, disqualification or revocation;
 32        (f)  Has been convicted of the offense of reckless driving, or fleeing  or
 33        attempting  to  elude  a  peace  officer, and providing that the operating
 34        privilege shall be suspended for a period of thirty (30) days upon convic-
 35        tion and providing further, that if a second conviction  occurs  within  a
 36        two  (2)  year  period  of time from the time of the first conviction, the
 37        suspension shall be for ninety (90) days, and if a third conviction  shall
 38        occur  within  a  three (3) year period of time from the time of the first
 39        conviction, the period of suspension shall be for one (1) year;
 40        (g)  Has failed to satisfy a judgment as set forth in  chapter  12,  title
 41        49, Idaho Code;
 42        (h)  Has failed to maintain proof of financial responsibility as set forth
 43        in chapter 12, title 49, Idaho Code;
 44        (i)  Has  a  driving  record which shows a violation point count of twelve
 45        (12) or more points in any consecutive twelve (12) month period;
 46        (j)  Is an habitual violator of traffic laws;
 47        (k)  Has been convicted of  the  offense  of  violation  of  a  restricted
 48        license and providing the driver's license and privileges be suspended for
 49        a period of thirty (30) days;
 50        (l)  Has  been  convicted for the offense of leaving the scene of an acci-
 51        dent involving damages to a vehicle, the period of revocation shall be one
 52        (1) year;
 53        (m)  Has been convicted for the offense of leaving the scene of  an  acci-
 54        dent  resulting  in injury or death, the period of revocation shall be one
 55        (1) year;
  1        (n)  Is under the age of eighteen (18) years  and  is  not  satisfactorily
  2        enrolled  in school, has not received a waiver pursuant to or has not com-
  3        pleted school as provided in section 49-303A, Idaho Code;
  4        (o)  Was cited under the age of  seventeen  (17)  years  and  subsequently
  5        received  a conviction involving a moving traffic violation, and providing
  6        the  driver  shall receive a written warning from the Idaho transportation
  7        department for a first conviction; the driver's license shall be suspended
  8        for a period of thirty (30) days for a second conviction; and the driver's
  9        license shall be suspended for a period of sixty (60) days for a third  or
 10        subsequent  conviction;  and  providing further that no restricted driving
 11        privileges shall be issued during any period of suspension hereunder;
 12        (p)  Committed nonpayment for motor fuels as provided in section  18-2412,
 13        Idaho Code.
 14        (2)  A  violation  point  is assessed for conviction of any charge or with
 15    proof of any infraction involving a moving traffic violation. A value  of  one
 16    (1)  point  shall  be  given  for  a less serious violation and up to four (4)
 17    points for a more serious violation. Conviction or  proof  of  infraction  for
 18    only  one  (1)  violation  arising from one (1) occasion of arrest or citation
 19    shall be counted in determining the violation point count.
 20        (3)  The department is authorized and directed to  establish  a  violation
 21    point  count  system  for  various  moving  traffic violations and infractions
 22    occurring either within or without the state of Idaho, affecting  all  holders
 23    of driver's licenses issued by the department.
 24        (4)  Notification of suspension, revocation, cancellation or disqualifica-
 25    tion.  Upon  suspending,  revoking,  canceling  or  disqualifying the driver's
 26    license or driving privileges of any person, the department shall  immediately
 27    notify the applicant or licensee in writing, at the licensee's address on file
 28    with  the  department pursuant to section 49-320, Idaho Code. Upon his request
 29    the department shall afford him an opportunity for a hearing before a  hearing
 30    officer appointed by the director. The hearing may be held by telephone within
 31    twenty  (20) days after receipt of the request, unless this period is for good
 32    cause shown, extended by the hearing  officer  for  one  ten-day  period.  The
 33    notice  and  hearing  shall  be required prior to the imposition of additional
 34    suspension or disqualification periods beyond the periods as set forth in this
 35    section. Upon a hearing the hearing officer may administer  oaths,  may  issue
 36    subpoenas for the attendance of witnesses and the production of relevant books
 37    and  papers, and may require a reexamination of the licensee. Upon the hearing
 38    the department shall either rescind its order or, with good cause, may  affirm
 39    or extend the suspension or disqualification of the driver's license or revoke
 40    the driver's license.
 41        Whenever  a  driver's  license,  permit or driving privilege has been sus-
 42    pended or revoked by the department as provided in this section, other than as
 43    set forth in subsection (1)(c), (d), (g), (h), (m), (n) or (o), the department
 44    may issue a temporary restricted permit restricting the time, area and purpose
 45    of use. The application, eligibility requirements and form  of  the  temporary
 46    restricted permit shall be provided by administrative rule.
 47        (5)  The  department  shall  not  suspend  or revoke a driver's license or
 48    privileges for a period of more than one (1) year, unless  otherwise  provided
 49    by law. The provisions of this subsection shall not be applicable with respect
 50    to the issuance of temporary restricted permits as provided in section 49-325,
 51    Idaho  Code,  nor  shall  it  be  applicable to those suspensions placed on an
 52    individual's record for the purpose of administering  suspensions  ordered  to
 53    take  effect  after  an  individual's release from confinement or imprisonment
 54    pursuant to chapter 80, title 18, Idaho Code.
 55        (6)  The department shall not disqualify a driver for a period longer than
  1    specified by 49 CFR part 383.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE
                           RS 12009

The purpose of this legislation is to provide for additional 
penalties of suspending driving privileges for theft of motor 
fuels. For the first offense, the court shall suspend the driving 
privileges for 30 days, six months for a second offense, and one 
year for third and subsequent offenses. Additionally, this 
legislation provides the Department of Transportation with the 
authority to suspend a driver’s license for nonpayment for motor 

                          FISCAL IMPACT

There is no fiscal impact.


Name:  Senator Grant Ipsen            Suzanne Budge Schaefer
Phone: (208) 332-1326                 (208) 336-1986

Statement of Purpose/Fiscal Impact		S 1420