Print Friendly SENATE BILL NO. 1437 – MV/commercl operatr/backgrnd check
SENATE BILL NO. 1437
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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
|||| 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;
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-
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
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.
There is no fiscal impact from this proposal.
Name: William A. von Tagen
Agency: Office of The Attorney General
Statement of Purpose/Fiscal Impact S 1437