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S1044........................................................by TRANSPORTATION
DRIVER'S LICENSE - ID CARDS - Amends existing law to provide that an applicant
for a driver's license, instruction permit or identification card issued by
the Idaho Transportation Department who is not eligible for a social security
number shall present an individual tax identification number issued by the
Internal Revenue Service in lieu of a social security number.
01/29 Senate intro - 1st rdg - to printing
01/30 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1044
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO APPLICATION FOR DRIVER'S LICENSE, INSTRUCTION PERMIT AND IDENTIFI-
3 CATION CARD; AMENDING SECTION 49-306, IDAHO CODE, TO PROVIDE THAT AN
4 APPLICANT FOR A DRIVER'S LICENSE OR INSTRUCTION PERMIT WHO IS NOT ELIGIBLE
5 FOR A SOCIAL SECURITY NUMBER SHALL PRESENT AN INDIVIDUAL TAX IDENTIFICA-
6 TION NUMBER ISSUED BY THE INTERNAL REVENUE SERVICE IN LIEU OF A SOCIAL
7 SECURITY NUMBER AND TO CORRECT CODIFIER'S ERRORS; AMENDING SECTION
8 49-2443, IDAHO CODE, TO PROVIDE THAT AN APPLICANT FOR AN IDENTIFICATION
9 CARD ISSUED BY THE IDAHO TRANSPORTATION DEPARTMENT WHO IS NOT ELIGIBLE FOR
10 A SOCIAL SECURITY NUMBER SHALL PRESENT AN INDIVIDUAL TAX IDENTIFICATION
11 NUMBER ISSUED BY THE INTERNAL REVENUE SERVICE IN LIEU OF A SOCIAL SECURITY
12 NUMBER; AND DECLARING AN EMERGENCY.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 49-306, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 49-306. APPLICATION FOR DRIVER'S LICENSE, INSTRUCTION PERMIT, OR
17 RESTRICTED SCHOOL ATTENDANCE DRIVING PERMIT. (1) Every application for any
18 instruction permit, restricted school attendance driving permit, or for a dri-
19 ver's license shall be made upon a form furnished by the department and shall
20 be verified by the applicant before a person authorized to administer oaths.
21 Officers and employees of the department and sheriffs and their deputies are
22 authorized to administer the oaths without charge. Every application for a
23 permit, extension or driver's license shall be accompanied by the following
24 fee, none of which is refundable:
25 (a) Class A, B, C (4-year) license with endorsements - age 21 years and
26 older ............................................................. $28.50
27 (b) Class A, B, C (3-year) license with endorsements - age 18 to 21 years
28 ................................................................... $20.50
29 (c) Class A, B, C (1-year) license with endorsements - age 20 years
30 ................................................................... $12.25
31 (d) Class D (3-year) license - under age 18 years ................ $20.50
32 (e) Class D (3-year) license - age 18 to 21 years ................ $20.50
33 (f) Class D (1-year) license - age 17 years or age 20 years ...... $12.25
34 (g) Four-year Class D license - age 21 years and older ........... $24.50
35 (h) Eight-year Class D license - age 21 to 63 years .............. $45.00
36 (i) Class A, B, C instruction permit ............................. $19.50
37 (j) Class D instruction permit or supervised instruction permit .........
38 ................................................................... $11.50
39 (k) Duplicate driver's license or permit issued under section 49-318,
40 Idaho Code ........................................................ $11.50
41 (l) Driver's license extension issued under section 49-319, Idaho Code ..
42 ................................................................... $ 6.50
43 (m) License classification change (upgrade) ...................... $15.50
2
1 (n) Endorsement addition ......................................... $11.50
2 (o) Class A, B, C skills tests ..................... not more than $55.00
3 (p) Class D skills test .......................................... $15.00
4 (q) Motorcycle endorsement skills test ........................... $ 5.00
5 (r) Knowledge test ............................................... $ 3.00
6 (s) Seasonal driver's license .................................... $27.50
7 (t) One time motorcycle "M" endorsement .......................... $11.50
8 (u) Motorcycle endorsement instruction permit .................... $11.50
9 (v) Restricted driving permit or restricted school attendance driving
10 permit ............................................................ $35.00
11 (2) Every application shall state the true and full name, date of birth,
12 sex, declaration of Idaho residency, Idaho residence address and mailing
13 address, if different, of the applicant, height, weight, hair color, and eye
14 color, and the applicant's social security number as verified by the
15 applicant's social security card or by the social security administration.
16 (a) The requirement that an applicant provide a social security number as
17 verified by his social security card or by the social security administra-
18 tion shall apply only to applicants who have been assigned a social secu-
19 rity number.
20 (b) An applicant who has not been assigned is not eligible for a social
21 security number shall: present an individual tax identification number
22 issued by the internal revenue service in lieu of a social security num-
23 ber.
24 (i) Present written verification from the social security adminis-
25 tration that the applicant has not been assigned a social security
26 number; and
27 (ii) Submit a birth certificate, passport or other documentary evi-
28 dence issued by an entity other than a state or the United States;
29 and
30 (iii) Submit such proof as the department may require that the appli-
31 cant is lawfully present in the United States.
32 A driver's license or any instruction permit issued on and after January
33 1, 1993, shall not contain an applicant's social security number. Applications
34 on file shall be exempt from disclosure except as provided in sections 49-202,
35 49-203, 49-203A and 49-204, Idaho Code.
36 Every application shall also state whether the applicant has previously
37 been licensed as a driver, and if so, when and by what state or country, and
38 whether a driver's license or privileges have ever been suspended, revoked,
39 denied, disqualified, canceled or whether an application has ever been
40 refused, and if so, the date of and reason for the suspension, revocation,
41 denial, disqualification, cancellation or refusal and the applicant's oath
42 that all information is correct as signified by the applicant's signature.
43 The applicant may be required to submit proof of identity acceptable to
44 the examiner or the department and date of birth as set forth in a certified
45 copy of his birth certificate when obtainable, or another document which pro-
46 vides satisfactory evidence of a person's date of birth acceptable to the
47 examiner or the department.
48 (c) Individuals required to register in compliance with section 3 of the
49 federal military selective service act, 50 U.S.C. App. 451 et seq., as
50 amended, shall be provided an opportunity to fulfill such registration
51 requirements in conjunction with an application for a driver's license or
52 instruction permit. Any registration information so supplied shall be
53 transmitted by the department to the selective service system.
54 (3) Whenever an application is received from a person previously licensed
55 in another jurisdiction, the department shall request a copy of the driver's
3
1 record from the other jurisdiction and shall contact the national driver reg-
2 ister. When received, the driver's record from the previous jurisdiction shall
3 become a part of the driver's record in this state with the same force and
4 effect as though entered on the driver's record in this state in the original
5 instance.
6 (4) Whenever the department receives a request for a driver's record from
7 another licensing jurisdiction, the record shall be forwarded without charge.
8 (5) The department shall contact and notify the commercial driver license
9 information system of the proposed application for a class A, B or C driver's
10 license to insure identification of the person and to obtain clearance to
11 issue the license.
12 (6) When the fees required under this section are collected by a county
13 officer, they shall be paid over to the county treasurer not less often than
14 monthly, who shall immediately:
15 (a) Deposit an amount equal to five dollars ($5.00) from each driver's
16 license except an eight-year class D license, or any class D instruction
17 permit application fees, application for a duplicate driver's license or
18 permit, classification change, seasonal driver's license and additional
19 endorsement, and ten dollars ($10.00) from each eight-year class D dri-
20 ver's license, in the current expense fund; and
21 (b) Deposit two dollars and fifty cents ($2.50) from each motorcycle
22 endorsement and motorcycle endorsement instruction permit fee in the cur-
23 rent expense fund; and
24 (c) Deposit an amount equal to three dollars ($3.00) from each fee for a
25 knowledge test in the current expense fund; and
26 (d) Deposit an amount equal to five dollars ($5.00) from each fee for a
27 motorcycle endorsement skills test in the current expense fund; provided
28 however, if a contractor administers the skills test he shall be entitled
29 to the five dollar ($5.00) fee; and
30 (e) Remit the remainder to the state treasurer; and
31 (f) Deposit eleven dollars and fifty cents ($11.50) from each fee for a
32 class D skills test into the county current expense fund, unless the test
33 is administered by a department-approved contractor, in which case the
34 contractor shall be entitled to eleven dollars and fifty cents ($11.50) of
35 each fee.
36 (7) When the fees required under this section are collected by a state
37 officer or agency, they shall be paid over to the state treasurer.
38 (8) The state treasurer shall distribute the moneys received from fees
39 imposed by the provisions of this section, whether collected by a county offi-
40 cer or by a state officer or agency as follows:
41 (a) Two dollars ($2.00) of each fee for a four-year driver's license or
42 seasonal driver's license, and four dollars ($4.00) of each fee for an
43 eight-year class D driver's license, and one dollar and fifty cents
44 ($1.50) of each fee charged for driver's licenses pursuant to subsections
45 (1)(b), (d) and (e) of this section, and fifty cents (50) of each fee
46 charged for driver's licenses pursuant to subsections (1)(c) and (f) of
47 this section, shall be deposited in the emergency medical services fund II
48 created in section 56-1018A, Idaho Code, and four dollars ($4.00) of each
49 fee charged pursuant to subsections (1)(a), (g) and (s) of this section
50 and eight dollars ($8.00) of each fee charged pursuant to subsection
51 (1)(h) of this section and three dollars ($3.00) of each fee for driver's
52 licenses pursuant to subsections (1)(b), (d) and (e) of this section, and
53 one dollar ($1.00) of each fee charged for driver's licenses pursuant to
54 subsections (1)(c) and (f) of this section shall be deposited in the emer-
55 gency medical services fund III created in section 56-1018B, Idaho Code;
4
1 and
2 (b) Sixteen dollars and fifty cents ($16.50) of each fee for a seasonal
3 or class A, B or C driver's license, and ten dollars ($10.00) of each fee
4 charged for a license pursuant to subsection (1)(b) of this section, and
5 five dollars and forty-one cents ($5.41) of each fee charged for a license
6 pursuant to subsection (1)(c) of this section shall be deposited in the
7 state highway fund; and
8 (c) Ten dollars and fifty cents ($10.50) of each fee for a class A, B or
9 C instruction permit or driver's license classification change shall be
10 deposited in the state highway fund; and
11 (d) Four dollars ($4.00) of each fee for a class A, B or C instruction
12 permit shall be deposited in the emergency medical services fund III cre-
13 ated in section 56-1018B, Idaho Code; and
14 (e) Six dollars and fifty cents ($6.50) of each fee for a duplicate sea-
15 sonal or class A, B or C driver's license, class A, B or C driver's
16 license extension, or additional endorsement shall be deposited in the
17 state highway fund; and
18 (f) Four dollars ($4.00) of each fee for a motorcycle endorsement and
19 motorcycle endorsement instruction permit shall be deposited in the state
20 highway fund; and
21 (g) Five dollars and thirty cents ($5.30) of each fee for a four-year
22 class D driver's license, and ten dollars and sixty cents ($10.60) of each
23 fee for an eight-year class D driver's license, and four dollars ($4.00)
24 of each fee charged for a license pursuant to subsections (1)(d) and (e)
25 of this section, and one dollar and thirty-three cents ($1.33) of each fee
26 charged for a license pursuant to subsection (1)(f) of this section shall
27 be deposited in the driver training fund; and
28 (h) Seven dollars and twenty cents ($7.20) of each fee for a four-year
29 class D driver's license, and ten dollars and forty cents ($10.40) of each
30 fee for an eight-year class D driver's license, and six dollars ($6.00) of
31 each fee charged for a license pursuant to subsections (1)(d) and (e) of
32 this section, and four dollars and eight cents ($4.08) of each fee charged
33 for a license pursuant to subsection (1)(f) of this section shall be
34 deposited in the highway distribution fund; and
35 (i) Two dollars and sixty cents ($2.60) of each fee for a class D
36 instruction permit, duplicate class D license or permit, and class D
37 license extension shall be deposited in the driver training fund; and
38 (j) Three dollars and ninety cents ($3.90) of each fee for a class D
39 instruction permit, duplicate class D license or permit, and class D
40 license extension shall be deposited in the highway distribution fund; and
41 (k) Five dollars ($5.00) of each fee for a class A, B or C skills test
42 shall be deposited in the state highway fund; and
43 (l) One dollar ($1.00) of each fee for a class A, B, C or four-year D
44 driver's license, and two dollars ($2.00) of each fee for an eight-year
45 class D driver's license, and one dollar ($1.00) of each fee charged for a
46 license pursuant to subsections (1)(b), (d) and (e) of this section, and
47 thirty-four cents (34) of each fee charged for a license pursuant to sub-
48 sections (1)(c) and (f) of this section shall be deposited in the motor-
49 cycle safety program fund established in section 33-4904, Idaho Code; and
50 (m) Three dollars and fifty cents ($3.50) of each fee for a class D
51 skills test shall be deposited into the state highway fund.
52 (9) The contractor administering a class A, B or C skills test shall be
53 entitled to not more than fifty dollars ($50.00) of the skills test fee. A
54 contractor administering a class A, B or C skills test may collect an addi-
55 tional fee for the use of the contractor's vehicle for the skills test.
5
1 (10) Thirty-five dollars ($35.00) of each restricted driving permit and
2 each restricted school attendance driving permit shall be deposited in the
3 state highway fund.
4 (11) The department may issue seasonal class B or C driver's licenses to
5 drivers who are employees of agri-chemical businesses, custom harvesters, farm
6 retail outlets and suppliers, and livestock feeders that:
7 (a) Will only be valid for driving commercial vehicles that normally
8 require class B or C commercial driver's licenses;
9 (b) Will be valid for seasonal periods that begin on the date of issuance
10 and that are not to exceed one hundred eighty (180) days in a twelve (12)
11 month period;
12 (c) May only be obtained twice in a driver's lifetime;
13 (d) Are valid only within a one hundred fifty (150) mile radius of the
14 place of business or farm being serviced; and
15 (e) Will be valid only in conjunction with valid Idaho class D driver's
16 licenses.
17 (12) The department may issue seasonal class B or C driver's licenses to
18 drivers who:
19 (a) Have not violated the single license provisions of applicable federal
20 regulations;
21 (b) Have not had any license suspensions, revocations or cancellations;
22 (c) Have not had any convictions in any vehicle for any offense listed in
23 section 49-335(1) or (2), Idaho Code, or any one (1) serious traffic
24 offense;
25 (d) Have at least one (1) year of driving experience with a class D or
26 equivalent license in any type motor vehicle; and
27 (e) Are at least sixteen (16) years old.
28 SECTION 2. That Section 49-2443, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 49-2443. APPLICATION. Application for an identification card must be made
31 in person before an examiner authorized by the department to issue driver's
32 licenses. The examiner shall obtain the following from the applicant:
33 (1) The true and full name and Idaho residence address and mailing
34 address, if different, of the applicant;
35 (2) The identity and date of birth of the applicant as set forth in a
36 certified copy of his birth certificate and, subject to subsection (6) of this
37 section, other satisfactory evidence of identity acceptable to the examiner or
38 the department;
39 (3) The height and weight of the applicant;
40 (4) The color of eyes and hair of the applicant;
41 (5) Applicant's signature; and
42 (6) The applicant's social security number as verified by the applicant's
43 social security card or by the social security administration.
44 (a) The requirement that an applicant provide a social security number as
45 verified by his social security card or by the social security administra-
46 tion shall apply only to applicants who have been assigned a social secu-
47 rity number.
48 (b) An applicant who has not been assigned is not eligible for a social
49 security number shall: present an individual tax identification number
50 issued by the internal revenue service in lieu of a social security num-
51 ber.
52 (i) Present written verification from the social security adminis-
53 tration that the applicant has not been assigned a social security
6
1 number; and
2 (ii) Submit a birth certificate, passport or other documentary evi-
3 dence issued by an entity other than a state or the United States;
4 and
5 (iii) Submit such proof as the department may require that the appli-
6 cant is lawfully present in the United States.
7 SECTION 3. An emergency existing therefor, which emergency is hereby
8 declared to exist, this act shall be in full force and effect on and after its
9 passage and approval.
STATEMENT OF PURPOSE
RS 12608
This legislation allows for the use of the Federal Form W7,
Individual Tax Identification Number to be used to obtain a
driver's license if the individual is not eligible for a social
security number.
FISCAL IMPACT
No impact to the General Fund.
Contact
Senator Cecil Ingram, 332-1315
Michele Casey, Idaho Citizens Action Network,
(208) 850-4359
STATEMENT OF PURPOSE/FISCAL NOTE S 1044