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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
|||| 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
2 RELATING TO THEFT OF MOTOR FUELS; AMENDING SECTION 18-2412, IDAHO CODE, TO
3 PROVIDE ADDITIONAL PENALTIES FOR A PERSON INTENTIONALLY OR WILLFULLY LEAV-
4 ING THE PREMISES OF AN ESTABLISHMENT AT WHICH MOTOR FUEL IS OFFERED FOR
5 RETAIL SALE WITHOUT PAYING FOR THE MOTOR FUEL, TO PROVIDE FOR SUSPENSION
6 OF DRIVING PRIVILEGES AND TO DEFINE "MOTOR FUEL"; AMENDING SECTION 49-326,
7 IDAHO CODE, TO PROVIDE AUTHORITY FOR THE TRANSPORTATION DEPARTMENT TO SUS-
8 PEND A DRIVER'S LICENSE FOR NONPAYMENT FOR MOTOR FUELS.
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:
30 49-326. AUTHORITY OF DEPARTMENT TO SUSPEND, DISQUALIFY OR REVOKE DRIVER'S
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;
2
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;
3
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
4
1 specified by 49 CFR part 383.
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
fuels.
FISCAL IMPACT
There is no fiscal impact.
CONTACTS:
Name: Senator Grant Ipsen Suzanne Budge Schaefer
Phone: (208) 332-1326 (208) 336-1986
Statement of Purpose/Fiscal Impact S 1420