2002 Legislation
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SENATE BILL NO. 1437 – MV/commercl operatr/backgrnd check

SENATE BILL NO. 1437

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



S1437.....................................................by TRANSPORTATION
COMMERCIAL VEHICLES - OPERATORS - Adds to existing law to make it unlawful
to instruct, educate or train any person in the operation of commercial
motor vehicles without first establishing that such person is a citizen or
lawful resident of the United States of America and conducting a national
records background check.
                                                                        
02/11    Senate intro - 1st rdg - to printing
02/12    Rpt prt - to Transp

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1437
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE IDAHO TERRORIST CONTROL ACT; AMENDING CHAPTER  81,  TITLE  18,
  3        IDAHO  CODE, BY THE ADDITION OF A NEW SECTION 18-8107, IDAHO CODE, TO MAKE
  4        IT UNLAWFUL TO INSTRUCT, EDUCATE OR TRAIN ANY PERSON IN THE  OPERATION  OF
  5        COMMERCIAL MOTOR VEHICLES WITHOUT FIRST ESTABLISHING THAT SUCH PERSON IS A
  6        CITIZEN  OR  LAWFUL  RESIDENT  OF THE UNITED STATES OF AMERICA AND WITHOUT
  7        FIRST CONDUCTING A NATIONAL RECORDS BACKGROUND CHECK ON SUCH  PERSON;  AND
  8        DECLARING AN EMERGENCY.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Chapter  81,  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 18-8107, Idaho Code, and to read as follows:
                                                                        
 13        18-8107.  UNLAWFUL  INSTRUCTION, EDUCATION OR TRAINING IN THE OPERATION OF
 14    COMMERCIAL MOTOR VEHICLES. (1) It is unlawful and punishable  as  provided  in
 15    section  18-8103, Idaho Code, for any person to provide instruction, education
 16    or training to operate any commercial motor vehicle,  as  defined  in  section
 17    49-123,  Idaho Code, to another person for a charge, compensation or consider-
 18    ation unless, prior to providing the instruction, education or  training,  the
 19    person who will provide the instruction, education or training:
 20        (a)  Has  viewed  and  obtained copies of original documents which clearly
 21        establish the identity of the person to be instructed  and  which  clearly
 22        establish that the person to be instructed, educated or trained is a citi-
 23        zen or lawful resident of the United States of America; and
 24        (b)  Has required the person to be instructed, educated or trained to com-
 25        plete  and  sign  the  form  prescribed by the director of the Idaho state
 26        police described in subsection (2) of this section, which shall  serve  as
 27        authorization  for  the  Idaho  state police to conduct a national records
 28        background check of the person seeking instruction, education or training;
 29        and
 30        (c)  Has promptly forwarded, by personal delivery or  by  certified  mail,
 31        return  receipt  requested, the copies of documents required by subsection
 32        (1)(a) of this section and the completed and signed form required by  sub-
 33        section (1)(b) of this section.
 34        (2)  The  director of the Idaho state police shall, by rule, prescribe the
 35    form referred to in subsection  (1)(b)  of  this  section,  which  form  shall
 36    require  any person seeking instruction, education or training to list thereon
 37    the person's name, date of birth, place of birth, physical residence  address,
 38    physical  description,  and signature as well as social security number, mili-
 39    tary status, and the driver's license number  (or  state  identification  card
 40    number) of the person to be instructed, educated or trained. The completed and
 41    signed  form  shall constitute the consent of the person seeking such instruc-
 42    tion, education or training to a national records background check to be  con-
 43    ducted  by the Idaho state police. In implementing the provisions of this sec-
                                                                        
                                       2
                                                                        
  1    tion, the director shall make the prescribed form available, at no charge,  at
  2    the  offices of the Idaho state police and at such other public offices as the
  3    director may deem appropriate.
  4        (3)  The provisions of this section are hereby declared  to  be  severable
  5    and  if  any provision of this section or the application of such provision to
  6    any person or circumstance is declared invalid for any reason,  such  declara-
  7    tion shall not affect the validity of remaining portions of this section.
                                                                        
  8        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
  9    declared to exist, this act shall be in full force and effect on and after its
 10    passage and approval.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE
                          RS 11921


The proposed legislation adds a new section to make it unlawful to 
instruct, educate or train any person in the operation of commercial 
motor vehicles without first establishing that such person is a 
citizen or lawful resident of the United States of America and 
first conducting a national records background check on such person.

                       FISCAL IMPACT


There is no fiscal impact from this proposal.

CONTACTS:

Name:    William A. von Tagen
Agency:  Office of The Attorney General
Phone:   334-4140
	           


Statement of Purpose/Fiscal Impact		S 1437