2003 Legislation
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SENATE BILL NO. 1064 – Driver licns, suspnd/revoke, notice

SENATE BILL NO. 1064

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Daily Data Tracking History



S1064........................................................by TRANSPORTATION
DRIVER'S LICENSES - Amends existing law to authorize the Idaho Transportation
Department to send various notices by first class mail instead of certified
mail regarding driver's license suspension, revocation or cancellation and for
motor vehicle title cancellations and revocations and refusal to issue vehicle
registrations.
                                                                        
02/05    Senate intro - 1st rdg - to printing
02/06    Rpt prt - to Transp
02/21    Rpt out - rec d/p - to 2nd rdg
02/24    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 31-0-4
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Davis, Gannon, Geddes, Goedde, Hill,
      Ingram, Kennedy, Keough, Little, Lodge, Marley, McKenzie, McWilliams,
      Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet,
      Werk
      NAYS -- None
      Absent and excused -- Darrington, Malepeai, Noble, Williams
    Floor Sponsor - McWilliams
    Title apvd - to House
03/03    House intro - 1st rdg - to Transp
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/17    3rd rdg - PASSED - 62-1-7
      AYES -- Barraclough, Barrett, Bauer, Bedke, Bell, Bieter, Black, Block,
      Boe, Bolz, Bradford, Cannon, Clark, Collins, Crow, Deal, Denney,
      Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
      Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Langford, Langhorst,
      Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
      Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,
      Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(24), Smylie,
      Snodgrass, Stevenson, Tilman, Trail, Wood, Mr. Speaker
      NAYS -- Cuddy
      Absent and excused -- Andersen, Campbell, Gagner, Harwood, Lake,
      Smith(30), Wills
    Floor Sponsor - Wood
    Title apvd - to Senate
03/19    To enrol
03/20    Rpt enrol - Pres signed
03/21    Sp signed
03/24    To Governor
03/27    Governor signed
         Session Law Chapter 157
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1064
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO NOTICES AND MOTOR VEHICLES OR DRIVERS; AMENDING  SECTION  18-8001,
  3        IDAHO  CODE, TO REQUIRE THAT NOTICES OF DRIVER'S LICENSE SUSPENSION, REVO-
  4        CATION OR DISQUALIFICATION BE SENT VIA FIRST CLASS MAIL  RATHER  THAN  VIA
  5        CERTIFIED  MAIL;  AMENDING  SECTION  49-320,  IDAHO  CODE, TO REQUIRE THAT
  6        NOTICE OF ANY OFFICIAL ACTION REGARDING DRIVER'S LICENSES OR DRIVING PRIV-
  7        ILEGES BE SENT VIA FIRST CLASS MAIL RATHER THAN BY CERTIFIED MAIL;  AMEND-
  8        ING  SECTION  49-508,  IDAHO CODE, TO REQUIRE THAT NOTICE OF VEHICLE TITLE
  9        CANCELLATIONS BE SENT VIA FIRST CLASS MAIL RATHER THAN VIA CERTIFIED  MAIL
 10        AND  TO  MAKE  TECHNICAL  CORRECTIONS;  AND AMENDING SECTION 49-520, IDAHO
 11        CODE, TO REQUIRE THAT NOTICE OF VEHICLE TITLE REVOCATION  AND  NOTICES  OF
 12        REFUSAL  TO ISSUE VEHICLE REGISTRATION BE SENT VIA FIRST CLASS MAIL RATHER
 13        THAN VIA CERTIFIED MAIL.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION 1.  That Section 18-8001, Idaho Code, be, and the same  is  hereby
 16    amended to read as follows:
                                                                        
 17        18-8001.  DRIVING  WITHOUT  PRIVILEGES. (1) Any person who drives or is in
 18    actual physical control of any motor vehicle upon the highways of  this  state
 19    with  knowledge  or  who has received legal notice pursuant to section 49-320,
 20    Idaho Code, that his driver's license, driving privileges or permit  to  drive
 21    is  revoked, disqualified or suspended in this state or any other jurisdiction
 22    is guilty of a misdemeanor.
 23        (2)  A person has knowledge that his license, driving privileges or permit
 24    to drive is revoked, disqualified or suspended when:
 25        (a)  He has actual knowledge of the revocation, disqualification  or  sus-
 26        pension of his license, driving privileges or permit to drive; or
 27        (b)  He  has  received  oral or written notice from a verified, authorized
 28        source, that his license,  driving  privileges  or  permit  to  drive  was
 29        revoked, disqualified or suspended; or
 30        (c)  Notice  of  the  suspension,  disqualification  or  revocation of his
 31        license, driving privileges or permit to drive  was  mailed  by  certified
 32        first class mail to his address pursuant to section 49-320, Idaho Code, as
 33        shown  in  the transportation department records, and he failed to receive
 34        the notice or learn of its contents as a result of his  own  unreasonable,
 35        intentional or negligent conduct or his failure to keep the transportation
 36        department  apprised of his mailing address as required by section 49-320,
 37        Idaho Code; or
 38        (d)  He has knowledge of, or a reasonable person in his situation exercis-
 39        ing reasonable diligence would have knowledge of, the existence  of  facts
 40        or circumstances which, under Idaho law, might have caused the revocation,
 41        disqualification  or suspension of his license, driving privileges or per-
 42        mit to drive.
 43        (3)  Any person who pleads guilty to or is found guilty of a violation  of
                                                                        
                                           2
                                                                        
  1    subsection (1) for the first time:
  2        (a)  Shall be sentenced to jail for a mandatory minimum period of not less
  3        than  two  (2) days, and may be sentenced to not more than six (6) months,
  4        provided however, that in the discretion  of  the  sentencing  judge,  the
  5        judge may authorize the defendant to be assigned to a work release or work
  6        detail program within the custody of the  county sheriff during the period
  7        of  incarceration,  or,  if the underlying suspension that resulted in the
  8        violation of this section is not a suspension resulting  from  an  offense
  9        identified  in  subsection (8) of this section, the judge may authorize an
 10        equivalent amount of community service in lieu of jail, or any  equivalent
 11        combination of these options;
 12        (b)  May be fined an amount not to exceed five hundred dollars ($500); and
 13        (c)  Shall have his driving privileges suspended by the court for an addi-
 14        tional  six (6) months following the end of any period of suspension, dis-
 15        qualification or revocation existing at the time  of  the  violation;  the
 16        defendant  may  request restricted driving privileges during the period of
 17        the suspension or disqualification, which  the  court  may  allow  if  the
 18        defendant shows by a preponderance of the evidence that driving privileges
 19        are necessary for his employment, education or for family health needs.
 20        (4)  Any  person who pleads guilty to or is found guilty of a violation of
 21    subsection (1) for a second time within five (5) years,  irrespective  of  the
 22    form of the judgment(s) or withheld judgment(s):
 23        (a)  Shall be sentenced to jail for a mandatory minimum period of not less
 24        than twenty (20) days, and may be sentenced to not more than one (1) year,
 25        provided  however,  that  in  the  discretion of the sentencing judge, the
 26        judge may authorize the defendant to be assigned to a work release or work
 27        detail program within the custody of the county sheriff during the  period
 28        of  incarceration,  or,  if the underlying suspension that resulted in the
 29        violation of this section is not a suspension resulting  from  an  offense
 30        identified  in  subsection (8) of this section, the judge may authorize an
 31        equivalent amount of community service in lieu of jail, or any  equivalent
 32        combination of these options;
 33        (b)  May  be  fined an amount not to exceed one thousand dollars ($1,000);
 34        and
 35        (c)  Shall have his driving privileges suspended by the court for an addi-
 36        tional one (1) year following the end of any period  of  suspension,  dis-
 37        qualification  or revocation existing at the time of the second violation,
 38        during the first thirty (30) days of which time he shall  have  absolutely
 39        no  driving  privileges  of any kind. The defendant may request restricted
 40        driving privileges during the period of the  suspension  or  disqualifica-
 41        tion,  to  begin  after the period of absolute suspension, which the court
 42        may allow if the defendant shows by a preponderance of the  evidence  that
 43        driving privileges are necessary for his employment, education or for fam-
 44        ily health needs.
 45        (5)  Any  person  who has pled guilty to or been found guilty of more than
 46    two (2) violations of the provisions of subsection (1) of this section  within
 47    five  (5)  years,  notwithstanding  the  form  of  the judgment(s) or withheld
 48    judgment(s), is guilty of a misdemeanor; and
 49        (a)  Shall be sentenced to the county jail for a mandatory minimum  period
 50        of  not  less than thirty (30) days, and may be sentenced to not more than
 51        one (1) year; provided, however, that in the discretion of the  sentencing
 52        judge,  the  judge  may  authorize  the defendant to be assigned to a work
 53        release or work detail program within the custody of  the  county  sheriff
 54        during  the period of incarceration, or, if the underlying suspension that
 55        resulted in the violation of this section is not  a  suspension  resulting
                                                                        
                                           3
                                                                        
  1        from  an  offense  identified in subsection (8) of this section, the judge
  2        may authorize an equivalent amount of community service in lieu  of  jail,
  3        or any equivalent combination of these options;
  4        (b)  May be fined an amount not to exceed three thousand dollars ($3,000);
  5        and
  6        (c)  Shall have his driving privileges suspended by the court for an addi-
  7        tional   two (2) years following the end of any period of suspension, dis-
  8        qualification or revocation existing at the time of the violation,  during
  9        the first ninety (90) days of which time he shall have absolutely no driv-
 10        ing  privileges  of any kind. The defendant may request restricted driving
 11        privileges during the period of the  suspension  or  disqualification,  to
 12        begin  after  the period of absolute suspension, which the court may allow
 13        if the defendant shows by a preponderance of  the  evidence  that  driving
 14        privileges  are  necessary  for  his  employment,  education or for family
 15        health needs.
 16        (6)  A minor may be prosecuted for a violation of subsection (1)  of  this
 17    section under chapter 5, title 20, Idaho Code.
 18        (7)  If  a  person  is  convicted  for  a   violation  of section 18-8004,
 19    18-8004C or 18-8006, Idaho Code, and at the time  of  arrest  had  no  driving
 20    privileges,  the penalties imposed by this section shall be in addition to any
 21    penalties imposed under the provisions of section 18-8005, 18-8004A,  18-8004C
 22    or 18-8006, Idaho Code, and not in lieu thereof.
 23        (8)  For purposes of this section, the offenses referred to in subsections
 24    (3)(a), (4)(a) and (5)(a) of this section are:
 25        (a)  Section 18-1501(3), Idaho Code, transporting a minor in a motor vehi-
 26        cle while under the influence;
 27        (b)  Section 18-4006(3), Idaho Code, vehicular manslaughter;
 28        (c)  Section 18-8001, Idaho Code, driving without privileges;
 29        (d)  Section  18-8004, Idaho Code, driving under the influence of alcohol,
 30        drugs or other intoxicating substances;
 31        (e)  Section 18-8004C, Idaho Code, excessive alcohol concentration;
 32        (f)  Section 18-8006, Idaho  Code,  aggravated  driving  while  under  the
 33        influence of alcohol, drugs or any other intoxicating substances;
 34        (g)  Section 18-8007, Idaho Code, leaving the scene of an accident result-
 35        ing in injury or death;
 36        (h)  Section 49-1229, Idaho Code, required motor vehicle insurance;
 37        (i)  Section 49-1232, Idaho Code, certificate or proof of liability insur-
 38        ance to be carried in motor vehicle;
 39        (j)  Section 49-1401, Idaho Code, reckless driving;
 40        (k)  Section 49-1404, Idaho Code, eluding a police officer;
 41        (l)  Section  49-1428,  Idaho  Code, operating a vehicle without liability
 42        insurance;
 43    or any substantially conforming foreign criminal violation.
 44        (9)  In no event shall a person be granted restricted  driving  privileges
 45    unless  the person shows proof of liability insurance or other proof of finan-
 46    cial responsibility, as provided in chapter 12, title 49, Idaho Code.
                                                                        
 47        SECTION 2.  That Section 49-320, Idaho Code, be, and the  same  is  hereby
 48    amended to read as follows:
                                                                        
 49        49-320.  NOTICE  OF  CHANGE  OF ADDRESS. It is the responsibility of every
 50    licensed driver and every person applying for a driver's  license  to  keep  a
 51    current address on file with the department.
 52        (1)  Whenever  any  person  after  applying  for  or  receiving a driver's
 53    license shall move from the address shown in the application or  in  the  dri-
                                                                        
                                           4
                                                                        
  1    ver's  license  issued, that person shall, within thirty (30) days, notify the
  2    department in writing of the old and new addresses.
  3        (2)  Whenever any statute or rule requires a driver to receive  notice  of
  4    any  official  action  with regard to the person's driver's license or driving
  5    privileges taken or proposed by a court or  the  department,  notification  by
  6    certified  first class mail at the address shown on the application for a dri-
  7    ver's license or at the address shown  on  the  driver's  license  or  at  the
  8    address  given  by  the  driver, shall constitute all the legal notice that is
  9    required.
 10        (3)  It is an infraction for any person to fail to notify  the  department
 11    of a change of address as required by the provisions of subsection (1) of this
 12    section.
                                                                        
 13        SECTION  3.  That  Section  49-508, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        49-508.  CANCELLATION OF CERTIFICATES OF TITLE -- RETURN  OF  REGISTRATION
 16    RECEIPTS AND LICENSE PLATES. (1) If it appears that a certificate of title has
 17    been improperly issued, the department shall, after notice and hearing, cancel
 18    the  certificate.  The  notice shall be served in person or by certified mail,
 19    and shall be served upon first class mail to the person to whom that  certifi-
 20    cate  of  title  was issued, as well as any lien holders lienholders appearing
 21    thereon. The holder of the certificate of title shall return it to the depart-
 22    ment upon cancellation, but the cancellation of any certificate of title shall
 23    not affect the validity of any lien recorded on it.
 24        (2)  If a receipt of registration has been issued to the holder of a  can-
 25    celled  canceled certificate of title, the department shall immediately cancel
 26    it and demand the return of the receipt of registration  and  license  plates,
 27    and the holder of the receipt of registration and license plates shall immedi-
 28    ately return them to the department.
                                                                        
 29        SECTION  4.  That  Section  49-520, Idaho Code, be, and the same is hereby
 30    amended to read as follows:
                                                                        
 31        49-520.  REFUSAL TO ISSUE CERTIFICATE OF  TITLE  OR  REGISTER  VEHICLE  --
 32    REVOCATION  AFTER  ISSUANCE OR REGISTRATION. If the department shall determine
 33    an applicant for a certificate of title to a vehicle is not entitled to it, it
 34    shall refuse to issue a certificate or to register the vehicle,  and  in  that
 35    event  unless the department reverses its decision or its decision is reversed
 36    by a court of competent jurisdiction, the  applicant  shall  have  no  further
 37    right to apply for a certificate of title or registration on the statements in
 38    the  application.  The department may for a like reason after notice and hear-
 39    ing, revoke registration already acquired or any  outstanding  certificate  of
 40    title.  The notice shall be served in person or by certified first class mail.
 41    An appeal may be taken from any decision of the department.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                             RS 12717

This legislation will reduce the financial burden created by the
current requirement that all notifications of driver's license
suspensions, title cancellations, and vehicle registration
cancellations must be sent via certified mail, and improve the
effectiveness of such notifications.  

This legislation changes the method of notification for these
actions from certified mail to first class mail.  Sending
notifications via first class mail will be more effective, because
first class mail is forwarded, whereas certified mail is not, and
unlike certified mail, first class mail is not subject to refusal. 


                         FISCAL IMPACT

Removing the requirement to mail driver's license suspensions,
title cancellations, and vehicle registration cancellation letters
by certified mail will save $4.00 per letter.  

At a current volume of 60,000 letters mailed per year, this will
result in an estimated monetary savings of $240,000 per year. 
CONTACT
Name:        Ed Pemble
Agency:      Idaho Transportation Department
Phone:       208-332-7830

Statement of Purpose/Fiscal Impact                                                        S 1064