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H0752aa.............................................by REVENUE AND TAXATION
DRIVER'S LICENSE - MILITARY PERSONNEL - Amends existing law to provide for
renewal of a driver's license upon application in person without the
requirement to take a knowledge or skills test if the Idaho driver's
license has expired while the person was serving on active duty in the
armed forces of the United States or is a member of the immediate family
accompanying such person.
02/23 House intro - 1st rdg - to printing
02/24 Rpt prt - to Transp
03/03 Rpt out - to Gen Ord
03/08 Rpt out amen - to engros
03/09 Rpt engros - 1st rdg - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/11 3rd rdg as amen - PASSED - 61-1-8
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Field(18), Field(23), Gagner, Garrett, Harwood, Jones, Kulczyk, Lake,
Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Ridinger, Ring,
Ringo, Roberts, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,
Skippen, Smith(30), Smith(24), Snodgrass, Trail, Wills, Wood
NAYS -- Kellogg
Absent and excused -- Eskridge, Henbest, Jaquet, Raybould, Robison,
Smylie, Stevenson, Mr. Speaker
Floor Sponsor - McGeachin
Title apvd - to Senate
03/12 Senate intro - 1st rdg - to St Aff
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce,
Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk,
Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Richardson
Title apvd - to House
03/20 To enrol - Rpt enrol - Sp signed - Pres signed
03/22 To Governor
03/25 Governor signed
Session Law Chapter 339
Effective: 03/25/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 752
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO DRIVER'S LICENSES; AMENDING SECTION 49-302, IDAHO CODE, TO EXEMPT
3 CERTAIN MILITARY PERSONNEL FROM LICENSURE IF THEY HAVE BEEN LICENSED BY
4 THE MILITARY TO OPERATE AN OFFICIAL MOTOR VEHICLE IN THE MILITARY SERVICE;
5 AMENDING SECTION 49-313, IDAHO CODE, TO PROVIDE THAT MILITARY PERSONNEL
6 WITH VALID MILITARY DRIVER'S LICENSES NEED NOT TAKE THE EXAMINATION AND
7 SKILLS TEST FOR CLASS A DRIVER'S LICENSES; AMENDING SECTION 49-319, IDAHO
8 CODE, TO AUTHORIZE THE EXCHANGE OF A VALID MILITARY DRIVER'S LICENSE FOR
9 A CLASS A DRIVER'S LICENSE AS IF THE PERSON WERE RENEWING AN IDAHO DRI-
10 VER'S LICENSE; AND DECLARING AN EMERGENCY.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 49-302, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 49-302. WHAT PERSONS ARE EXEMPT FROM LICENSE. The following persons are
15 exempt from licensing if driving privileges are not suspended, canceled,
16 revoked, disqualified, denied or refused:
17 (1) Any person while driving or operating any farm tractor or implement
18 of husbandry when incidentally operated on a highway.
19 (2) Farmers are exempt from obtaining a class A, B or C driver's license
20 to operate a commercial motor vehicle which is:
21 (a) Controlled and operated by a farmer, including operation by employees
22 or family members; and
23 (b) Used to transport either agricultural products, farm machinery, farm
24 supplies, or both, to or from a farm; and
25 (c) Not used in the operations of a common or contract motor carrier; and
26 (d) Used within one hundred fifty (150) miles of the person's farm.
27 (3) Any person is exempt from obtaining a class A, B or C driver's
28 license for the operation of commercial motor vehicles which are necessary to
29 the preservation of life or property or the execution of emergency governmen-
30 tal functions, are equipped with audible and visual signals, and are not sub-
31 ject to normal traffic regulations.
32 (4) Any person is exempt from obtaining a class A, B or C license to
33 operate a commercial vehicle which is exclusively used to transport personal
34 possessions or family members for nonbusiness or recreational purposes.
35 (5) A nonresident who is at least fifteen (15) years of age and who has
36 in his immediate possession a valid driver's license issued to him in his home
37 state or country may operate a motor vehicle in Idaho only as a class D opera-
38 tor with driving privileges restricted to daylight hours only except as pro-
39 vided in section 49-307(7), Idaho Code, and with full privileges at sixteen
40 (16) years of age, and only if Idaho residency is not established.
41 (6) A nonresident who is at least fifteen (15) years of age and who has
42 in his possession a valid driver's license with a motorcycle endorsement or
43 who has a valid motorcycle driver's license issued to him in his home state or
2
1 country may operate a motorcycle in Idaho with driving privileges restricted
2 to daylight hours only, and with full privileges at sixteen (16) years of age.
3 (7) A nonresident who has in his immediate possession a valid commercial
4 driver's license issued to him in his home state or country may operate a
5 motor vehicle in Idaho.
6 (8) A nonresident on active duty in the armed forces of the United States
7 who has a valid driver's license issued by his home jurisdiction, and such
8 nonresident's spouse or dependent son or daughter who has a valid driver's
9 license issued by such person's home jurisdiction.
10 (9) Any active duty military personnel, active duty U.S. coast guard per-
11 sonnel, and members of the reserves and national guard on active duty includ-
12 ing personnel on full-time national guard duty, personnel on part-time train-
13 ing and national guard military technicians who as civilians are required to
14 wear military uniforms and are subject to the code of military justice, are
15 exempt from obtaining a commercial driver's license to operate military vehi-
16 cles. This exemption does not apply to U.S. reserve technicians.
17 (10) Any person with a valid driver's license issued in their name is
18 exempt from the requirement to obtain a motorcycle endorsement on the license
19 when operating a motorcycle on highways or sections of highways designated for
20 unregistered motorcycle use under section 49-426(3), Idaho Code.
21 (11) A member of the United States army, navy, air force, marine corps or
22 coast guard, or in the service of the national guard of this state or any
23 other state, if licensed by the military to operate an official motor vehicle
24 is exempt from having to obtain a class A driver's license for as long as the
25 military license is valid.
26 SECTION 2. That Section 49-313, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 49-313. EXAMINATION OF APPLICANTS. (1) The sheriff, his deputy or autho-
29 rized agents of the department shall examine every applicant for an instruc-
30 tion permit, restricted school attendance driving permit, seasonal driver's
31 license, or a driver's license or a motorcycle endorsement, except as other-
32 wise provided by law; and provided that military personnel as enumerated in
33 section 49-302(11), Idaho Code, with a valid military license need not take
34 the examination and skills test for a class A driver's license. The examina-
35 tion shall include a test of the applicant's eyesight, his ability to read and
36 understand highway signs regulating, warning, and directing traffic. A skills
37 test shall be required for an applicant who has not been previously licensed
38 for the class of license requested, or who holds a license issued by another
39 country unless a reciprocal agreement is in force. However, a skills test may
40 be required for any and all other applicants at the discretion of the examiner
41 or department for a class A, B, C or D driver's license or a motorcycle
42 endorsement. In addition, the applicant's knowledge of traffic laws of this
43 state and when a motorcycle endorsement is applied for, the applicant's knowl-
44 edge of safe motorcycle operating practices and traffic laws specifically
45 relating to motorcycle operation shall be tested by a written examination,
46 except as provided in section 49-319, Idaho Code. At the discretion of the
47 examiner, the prescribed written examination may be conducted orally.
48 (2) The knowledge and skills examinations for applicants for driver's
49 licenses in class A, B or C shall be conducted in compliance with 49 CFR part
50 383.
51 (3) The skills test for a class A, B, C or D driver's license or for any
52 endorsement shall be given by the department or its authorized agents. The
53 skills examiner for a motorcycle endorsement shall be certified by the depart-
3
1 ment of education.
2 (4) The department shall not issue a tank, double/triple trailer, or haz-
3 ardous material endorsement unless the applicant, in addition to all other
4 applicable qualifications, has passed an appropriate knowledge test. The
5 department shall not issue a passenger endorsement unless the applicant, in
6 addition to all other applicable qualifications, has passed an appropriate
7 knowledge and skills test.
8 (5) Any person failing to pass a knowledge or skills test for a class A,
9 B, C or D driver's license, or a knowledge test for a seasonal driver's
10 license, or any endorsement may not retake the test within three (3) business
11 days of the failure.
12 (6) Any person retaking a knowledge or skills test for a driver's license
13 shall pay the appropriate testing fee as specified in section 49-306, Idaho
14 Code.
15 (7) The motorcycle skills test for a motorcycle endorsement shall be
16 waived by the department:
17 (a) On and after September 1, 1998, if the applicant presents satisfac-
18 tory evidence of successful completion of a recognized motorcycle rider
19 training course approved by the department of education;
20 (b) On and after September 1, 1998, if the applicant presents evidence of
21 a motorcycle endorsement on his current license by a state or province
22 which requires a motorcycle skills test equivalent to that required by
23 Idaho law as determined by the department of education;
24 (c) Until September 1, 1998.
25 (8) At the discretion of the department, an alternate skills test for the
26 motorcycle endorsement may be administered when the endorsement is for opera-
27 tion of a three-wheeled motorcycle only.
28 (9) The department or its authorized agents may refuse to give an appli-
29 cant a skills test if there are reasonable grounds to believe that the safety
30 of the applicant, public, or the examiner would be jeopardized by doing so.
31 Reasonable grounds would include, but not be limited to, the applicant's
32 inability to pass the eye test, written tests, or a statement by a licensed
33 physician stating the applicant is not physically able to drive a motor vehi-
34 cle.
35 (10) The department or its authorized agents may deny issuance or renewal
36 of a driver's license or endorsement to any applicant who does not meet the
37 licensing requirements for the class of driver's license or endorsement being
38 renewed or issued.
39 (11) Skills examinations for seasonal driver's licenses shall be waived.
40 SECTION 3. That Section 49-319, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 49-319. EXPIRATION AND RENEWAL OF DRIVER'S LICENSE. (1) Every noncommer-
43 cial Idaho driver's license issued to a driver shall expire and be renewable
44 as follows:
45 (a) Twenty-one (21) years of age or older shall expire on the licensee's
46 birthday in the fourth year following the issuance of the driver's
47 license.
48 (b) At the option of the applicant, for drivers twenty-one (21) years of
49 age through sixty-two (62) years of age, the driver's license shall expire
50 either on the licensee's birthday in the fourth year or the eighth year
51 following the issuance of the driver's license.
52 (c) Every driver's license issued to a driver under eighteen (18) years
53 of age shall expire five (5) days after the licensee's eighteenth birth-
4
1 day.
2 (d) Every driver's license issued to a driver eighteen (18) years of age
3 but under twenty-one (21) years of age shall expire five (5) days after
4 the licensee's twenty-first birthday.
5 (e) Except licenses issued to drivers under twenty-one (21) years of age,
6 every driver's license that is not, as provided by law, suspended, revoked
7 or disqualified in this state or any other jurisdiction shall be renewable
8 on or before its expiration, but not more than twelve (12) months before,
9 upon application, payment of the required fee, and satisfactory completion
10 of the required eyesight examination. A member of the United States army,
11 navy, air force, marine corps or coast guard or in the service of the
12 national guard of this state or any other state, if licensed by the mili-
13 tary to operate an official motor vehicle in such service may exchange the
14 military license for a class A license as if the member of the military
15 had a class A Idaho driver's license is renewing it. The military license
16 needs to be valid and shall not have been suspended, revoked or disquali-
17 fied by another state, jurisdiction or by the military.
18 (2) Every commercial driver's license issued to a person twenty-one (21)
19 years of age or older shall expire on the licensee's birthday in the fourth
20 year following issuance of the license, and any Class A, B or C license issued
21 to a person eighteen (18), nineteen (19) or twenty (20) years of age shall
22 expire five (5) days after the licensee's twenty-first birthday. There shall
23 be no option for an eight-year Class A, B or C license.
24 (3) An applicant who is issued a driver's license in another jurisdiction
25 after an Idaho driver's license has been issued is not eligible for renewal or
26 a duplicate of the Idaho driver's license. The applicant may apply for a new
27 Idaho driver's license as provided in section 49-306, Idaho Code.
28 (4) No knowledge test shall be required for renewal of a driver's
29 license, except for renewal of a hazardous material endorsement. Appropriate
30 knowledge and skill tests shall be required for an upgrade in a driver's
31 license class or an endorsement addition. In the case of a name change, the
32 applicant shall provide legal documentation to verify the change in accordance
33 with department rules.
34 (5) Except for drivers under twenty-one (21) years of age, when a dri-
35 ver's license has been expired for fewer than twelve (12) months, the renewal
36 of the driver's license shall start from the original date of expiration
37 regardless of the year in which the application for renewal is made. If the
38 driver's license is expired for twelve (12) months or more, the applicant
39 shall be required to take the knowledge, skills for the class of license or
40 endorsement being applied for, and vision tests and the application shall
41 expire on the licensee's birthday in the fourth year following issuance of the
42 driver's license for drivers twenty-one (21) years of age or older. At the
43 option of the applicant, for drivers twenty-one (21) years of age through
44 sixty-two (62) years of age, the renewed license shall expire either on the
45 licensee's birthday in the fourth year or the eighth year following issuance.
46 (6) (a) If a driver's license has expired or will expire and the licensee
47 is temporarily out-of-state except on active military duty, and the dri-
48 ver's license has not, as provided by law, been suspended, revoked, can-
49 celed, denied, refused or disqualified, the licensee may request in writ-
50 ing on a form prescribed by the department an extension of the driver's
51 license. The request shall be accompanied by the fee fixed in section
52 49-306, Idaho Code, and the extension shall be less than a twelve (12)
53 month period. If the department determines that an extension of the dri-
54 ver's license is necessary, it may issue a certificate of extension show-
55 ing the date to which the expired driver's license is extended, and this
5
1 certificate shall be attached to the expired driver's license. Certifi-
2 cates of extension are limited to two (2) per licensee.
3 (b) Upon returning to the state of Idaho, the licensee shall within ten
4 (10) days, apply for a renewal of the expired driver's license and surren-
5 der the certificate of extension and the expired driver's license.
6 (c) A hazardous material endorsement cannot be extended.
7 (7) An Idaho driver's license issued to any person prior to serving on
8 active duty in the armed forces of the United States, or a member of the imme-
9 diate family accompanying such a person, if valid and in full force and effect
10 upon entering active duty, shall remain in full force and effect and shall,
11 upon application, be extended for a period of four (4) years so long as active
12 duty continues, if the driver's license is not suspended, denied, disquali-
13 fied, canceled or revoked, as provided by law, during the active duty, and the
14 driver's license shall remain in full force and effect sixty (60) days follow-
15 ing the date the holder is released from active duty.
16 (8) The department may use a mail renewal process for four-year class D
17 licenses based on criteria established by rule.
18 (9) A seasonal driver's license is only valid for a one hundred eighty
19 (180) day period from the date of issuance. Only one (1) seasonal driver's
20 license may be obtained in any twelve (12) month period, and may only be
21 obtained twice in a driver's lifetime.
22 (10) A person who applies for renewal of a license may request that the
23 notation "permanently disabled" be imprinted on the license and the department
24 shall imprint "permanently disabled" on the license if:
25 (a) The person has a permanent disability; and
26 (b) The person presents written certification from a licensed physician
27 verifying that the person's stated impairment qualifies as a permanent
28 disability as provided in section 49-117, Idaho Code; and
29 (c) The department determines that the person meets the requirements for
30 issuance of a license as specified in section 49-313, Idaho Code.
31 SECTION 4. An emergency existing therefor, which emergency is hereby
32 declared to exist, this act shall be in full force and effect on and after its
33 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
Moved by Smith (24)
Seconded by Ridinger
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 752
1 AMENDMENT TO THE BILL
2 On page 1 of the printed bill, delete lines 12 through 43 and delete pages
3 2, 3, 4 and 5 and insert:
4 "SECTION 1. That Section 49-319, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 49-319. EXPIRATION AND RENEWAL OF DRIVER'S LICENSE. (1) Every noncommer-
7 cial Idaho driver's license issued to a driver shall expire and be renewable
8 as follows:
9 (a) Twenty-one (21) years of age or older shall expire on the licensee's
10 birthday in the fourth year following the issuance of the driver's
11 license.
12 (b) At the option of the applicant, for drivers twenty-one (21) years of
13 age through sixty-two (62) years of age, the driver's license shall expire
14 either on the licensee's birthday in the fourth year or the eighth year
15 following the issuance of the driver's license.
16 (c) Every driver's license issued to a driver under eighteen (18) years
17 of age shall expire five (5) days after the licensee's eighteenth birth-
18 day.
19 (d) Every driver's license issued to a driver eighteen (18) years of age
20 but under twenty-one (21) years of age shall expire five (5) days after
21 the licensee's twenty-first birthday.
22 (e) Except licenses issued to drivers under twenty-one (21) years of age,
23 every driver's license that is not, as provided by law, suspended, revoked
24 or disqualified in this state or any other jurisdiction shall be renewable
25 on or before its expiration, but not more than twelve (12) months before,
26 upon application, payment of the required fee, and satisfactory completion
27 of the required eyesight examination.
28 (2) Every commercial driver's license issued to a person twenty-one (21)
29 years of age or older shall expire on the licensee's birthday in the fourth
30 year following issuance of the license, and any Class A, B or C license issued
31 to a person eighteen (18), nineteen (19) or twenty (20) years of age shall
32 expire five (5) days after the licensee's twenty-first birthday. There shall
33 be no option for an eight-year Class A, B or C license.
34 (3) An applicant who is issued a driver's license in another jurisdiction
35 after an Idaho driver's license has been issued is not eligible for renewal or
36 a duplicate of the Idaho driver's license. The applicant may apply for a new
37 Idaho driver's license as provided in section 49-306, Idaho Code.
38 (4) No knowledge test shall be required for renewal of a driver's
39 license, except for renewal of a hazardous material endorsement. Appropriate
40 knowledge and skill tests shall be required for an upgrade in a driver's
41 license class or an endorsement addition. In the case of a name change, the
42 applicant shall provide legal documentation to verify the change in accordance
2
1 with department rules.
2 (5) Except for drivers under twenty-one (21) years of age, when a dri-
3 ver's license has been expired for fewer than twelve (12) months, the renewal
4 of the driver's license shall start from the original date of expiration
5 regardless of the year in which the application for renewal is made. If the
6 driver's license is expired for twelve (12) months or more, the applicant
7 shall be required to take the knowledge, skills for the class of license or
8 endorsement being applied for, and vision tests and the application shall
9 expire on the licensee's birthday in the fourth year following issuance of
10 the driver's license for drivers twenty-one (21) years of age or older. At the
11 option of the applicant, for drivers twenty-one (21) years of age through
12 sixty-two (62) years of age, the renewed license shall expire either on the
13 licensee's birthday in the fourth year or the eighth year following issuance.
14 (6) (a) If a driver's license has expired or will expire and the licen-
15 see is temporarily out-of-state except on active military duty, and the
16 driver's license has not, as provided by law, been suspended, revoked,
17 canceled, denied, refused or disqualified, the licensee may request in
18 writing on a form prescribed by the department an extension of the dri-
19 ver's license. The request shall be accompanied by the fee fixed in sec-
20 tion 49-306, Idaho Code, and the extension shall be less than a twelve
21 (12) month period. If the department determines that an extension of the
22 driver's license is necessary, it may issue a certificate of extension
23 showing the date to which the expired driver's license is extended, and
24 this certificate shall be attached to the expired driver's license. Cer-
25 tificates of extension are limited to two (2) per licensee.
26 (b) Upon returning to the state of Idaho, the licensee shall within ten
27 (10) days, apply for a renewal of the expired driver's license and surren-
28 der the certificate of extension and the expired driver's license.
29 (c) A hazardous material endorsement cannot be extended.
30 (7) An Idaho driver's license issued to any person prior to serving on
31 active duty in the armed forces of the United States, or a member of the imme-
32 diate family accompanying such a person, if valid and in full force and effect
33 upon entering active duty, shall remain in full force and effect and shall,
34 upon application, be extended for a period of four (4) years so long as active
35 duty continues, or shall be renewed upon application in person without the
36 requirement to take a knowledge or skills test if their Idaho driver's license
37 expired while on active duty, if the driver's license is not suspended,
38 denied, disqualified, canceled or revoked, as provided by law, during the
39 active duty, and the driver's license shall remain in full force and effect
40 sixty (60) days following the date the holder is released from active duty.
41 (8) The department may use a mail renewal process for four-year class D
42 licenses based on criteria established by rule.
43 (9) A seasonal driver's license is only valid for a one hundred eighty
44 (180) day period from the date of issuance. Only one (1) seasonal driver's
45 license may be obtained in any twelve (12) month period, and may only be
46 obtained twice in a driver's lifetime.
47 (10) A person who applies for renewal of a license may request that the
48 notation "permanently disabled" be imprinted on the license and the department
49 shall imprint "permanently disabled" on the license if:
50 (a) The person has a permanent disability; and
51 (b) The person presents written certification from a licensed physician
52 verifying that the person's stated impairment qualifies as a permanent
53 disability as provided in section 49-117, Idaho Code; and
54 (c) The department determines that the person meets the requirements for
55 issuance of a license as specified in section 49-313, Idaho Code.
3
1 SECTION 2. An emergency existing therefor, which emergency is hereby
2 declared to exist, this act shall be in full force and effect on and after its
3 passage and approval.".
4 CORRECTION TO TITLE
5 On page 1, delete lines 2 through 10 and insert:
6 "RELATING TO DRIVER'S LICENSES; AMENDING SECTION 49-319, IDAHO CODE, TO PRO-
7 VIDE FOR RENEWAL OF A DRIVER'S LICENSE UPON APPLICATION IN PERSON WITHOUT
8 THE REQUIREMENT TO TAKE A KNOWLEDGE OR SKILLS TEST IF THE IDAHO DRIVER'S
9 LICENSE HAS EXPIRED WHILE THE PERSON WAS SERVING ON ACTIVE DUTY IN THE
10 ARMED FORCES OF THE UNITED STATES OR IS A MEMBER OF THE IMMEDIATE FAMILY
11 ACCOMPANYING SUCH PERSON; AND DECLARING AN EMERGENCY.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 752, As Amended
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO DRIVER'S LICENSES; AMENDING SECTION 49-319, IDAHO CODE, TO PROVIDE
3 FOR RENEWAL OF A DRIVER'S LICENSE UPON APPLICATION IN PERSON WITHOUT THE
4 REQUIREMENT TO TAKE A KNOWLEDGE OR SKILLS TEST IF THE IDAHO DRIVER'S
5 LICENSE HAS EXPIRED WHILE THE PERSON WAS SERVING ON ACTIVE DUTY IN THE
6 ARMED FORCES OF THE UNITED STATES OR IS A MEMBER OF THE IMMEDIATE FAMILY
7 ACCOMPANYING SUCH PERSON; AND DECLARING AN EMERGENCY.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 49-319, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 49-319. EXPIRATION AND RENEWAL OF DRIVER'S LICENSE. (1) Every noncommer-
12 cial Idaho driver's license issued to a driver shall expire and be renewable
13 as follows:
14 (a) Twenty-one (21) years of age or older shall expire on the licensee's
15 birthday in the fourth year following the issuance of the driver's
16 license.
17 (b) At the option of the applicant, for drivers twenty-one (21) years of
18 age through sixty-two (62) years of age, the driver's license shall expire
19 either on the licensee's birthday in the fourth year or the eighth year
20 following the issuance of the driver's license.
21 (c) Every driver's license issued to a driver under eighteen (18) years
22 of age shall expire five (5) days after the licensee's eighteenth birth-
23 day.
24 (d) Every driver's license issued to a driver eighteen (18) years of age
25 but under twenty-one (21) years of age shall expire five (5) days after
26 the licensee's twenty-first birthday.
27 (e) Except licenses issued to drivers under twenty-one (21) years of age,
28 every driver's license that is not, as provided by law, suspended, revoked
29 or disqualified in this state or any other jurisdiction shall be renewable
30 on or before its expiration, but not more than twelve (12) months before,
31 upon application, payment of the required fee, and satisfactory completion
32 of the required eyesight examination.
33 (2) Every commercial driver's license issued to a person twenty-one (21)
34 years of age or older shall expire on the licensee's birthday in the fourth
35 year following issuance of the license, and any Class A, B or C license issued
36 to a person eighteen (18), nineteen (19) or twenty (20) years of age shall
37 expire five (5) days after the licensee's twenty-first birthday. There shall
38 be no option for an eight-year Class A, B or C license.
39 (3) An applicant who is issued a driver's license in another jurisdiction
40 after an Idaho driver's license has been issued is not eligible for renewal or
41 a duplicate of the Idaho driver's license. The applicant may apply for a new
42 Idaho driver's license as provided in section 49-306, Idaho Code.
43 (4) No knowledge test shall be required for renewal of a driver's
2
1 license, except for renewal of a hazardous material endorsement. Appropriate
2 knowledge and skill tests shall be required for an upgrade in a driver's
3 license class or an endorsement addition. In the case of a name change, the
4 applicant shall provide legal documentation to verify the change in accordance
5 with department rules.
6 (5) Except for drivers under twenty-one (21) years of age, when a dri-
7 ver's license has been expired for fewer than twelve (12) months, the renewal
8 of the driver's license shall start from the original date of expiration
9 regardless of the year in which the application for renewal is made. If the
10 driver's license is expired for twelve (12) months or more, the applicant
11 shall be required to take the knowledge, skills for the class of license or
12 endorsement being applied for, and vision tests and the application shall
13 expire on the licensee's birthday in the fourth year following issuance of
14 the driver's license for drivers twenty-one (21) years of age or older. At the
15 option of the applicant, for drivers twenty-one (21) years of age through
16 sixty-two (62) years of age, the renewed license shall expire either on the
17 licensee's birthday in the fourth year or the eighth year following issuance.
18 (6) (a) If a driver's license has expired or will expire and the licen-
19 see is temporarily out-of-state except on active military duty, and the
20 driver's license has not, as provided by law, been suspended, revoked,
21 canceled, denied, refused or disqualified, the licensee may request in
22 writing on a form prescribed by the department an extension of the dri-
23 ver's license. The request shall be accompanied by the fee fixed in sec-
24 tion 49-306, Idaho Code, and the extension shall be less than a twelve
25 (12) month period. If the department determines that an extension of the
26 driver's license is necessary, it may issue a certificate of extension
27 showing the date to which the expired driver's license is extended, and
28 this certificate shall be attached to the expired driver's license. Cer-
29 tificates of extension are limited to two (2) per licensee.
30 (b) Upon returning to the state of Idaho, the licensee shall within ten
31 (10) days, apply for a renewal of the expired driver's license and surren-
32 der the certificate of extension and the expired driver's license.
33 (c) A hazardous material endorsement cannot be extended.
34 (7) An Idaho driver's license issued to any person prior to serving on
35 active duty in the armed forces of the United States, or a member of the imme-
36 diate family accompanying such a person, if valid and in full force and effect
37 upon entering active duty, shall remain in full force and effect and shall,
38 upon application, be extended for a period of four (4) years so long as active
39 duty continues, or shall be renewed upon application in person without the
40 requirement to take a knowledge or skills test if their Idaho driver's license
41 expired while on active duty, if the driver's license is not suspended,
42 denied, disqualified, canceled or revoked, as provided by law, during the
43 active duty, and the driver's license shall remain in full force and effect
44 sixty (60) days following the date the holder is released from active duty.
45 (8) The department may use a mail renewal process for four-year class D
46 licenses based on criteria established by rule.
47 (9) A seasonal driver's license is only valid for a one hundred eighty
48 (180) day period from the date of issuance. Only one (1) seasonal driver's
49 license may be obtained in any twelve (12) month period, and may only be
50 obtained twice in a driver's lifetime.
51 (10) A person who applies for renewal of a license may request that the
52 notation "permanently disabled" be imprinted on the license and the department
53 shall imprint "permanently disabled" on the license if:
54 (a) The person has a permanent disability; and
55 (b) The person presents written certification from a licensed physician
3
1 verifying that the person's stated impairment qualifies as a permanent
2 disability as provided in section 49-117, Idaho Code; and
3 (c) The department determines that the person meets the requirements for
4 issuance of a license as specified in section 49-313, Idaho Code.
5 SECTION 2. An emergency existing therefor, which emergency is hereby
6 declared to exist, this act shall be in full force and effect on and after its
7 passage and approval.
STATEMENT OF PURPOSE
RS 14158
The purpose of this legislation is to exempt certain military
personnel from licensure if they have been licensed by the
military to operate an official motor vehicle in the military
service. This will help to alleviate any problems that military
personnel may experience when attempting to update an Idaho
drivers' license during times of war and any other time.
FISCAL IMPACT
There is no fiscal impact.
Contact
Name: Representative Janice McGeachin
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 752