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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
|||| 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
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