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S1274.....................................................by TRANSPORTATION
DRIVER'S LICENSE - ID CARDS - Amends existing law to provide that peace
officers shall forward to the Idaho Transportation Department all test
results of alcohol concentration administered by the officer within five
business days following notice of suspension; to require that sheriffs
provide written notification of sex offender registration requirements to
sex offenders who apply for an identification card; to require that motor
vehicle operators possess a current and valid Idaho driver's license; to
authorize licensed physician assistants and advanced practice professional
nurses to verify a driver's permanent disability; to authorize the Idaho
Transportation Department to act upon notices of driving offenses submitted
by jurisdictions other than states; and to clarify terminology and duties
of the Idaho Transportation Department with regard to drivers under
seventeen years of age convicted for the first time of a moving traffic
violation.
02/04 Senate intro - 1st rdg - to printing
02/05 Rpt prt - to Transp
02/25 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 26-5-4
AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Calabretta,
Compton(Duncan), Darrington, Davis, Gannon, Geddes, Goedde, Ingram,
Keough, Little, Lodge, Malepeai, McWilliams, Noble(Anderson), Noh,
Pearce, Richardson, Schroeder, Sorensen, Stegner, Williams
NAYS -- Burkett, Kennedy, McKenzie, Sweet, Werk
Absent and excused -- Cameron, Hill, Marley, Stennett
Floor Sponsor - Keough
Title apvd - to House
03/02 House intro - 1st rdg - to Transp
03/05 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 63-3-4
AYES -- Andersen, Bauer, Bayer, Bedke, Bell, Black, Block, Boe, Bolz,
Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal,
Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk,
Langford, Langhorst, Martinez, McGeachin, Meyer, Miller, Mitchell,
Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,
Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
Wills, Mr. Speaker
NAYS -- Harwood, McKague, Ringo
Absent and excused -- Barraclough, Barrett, Lake, Wood
Floor Sponsor - Cannon
Title apvd - to Senate
03/10 To enrol
03/11 Rpt enrol - Pres signed
03/12 Sp signed
03/15 To Governor
03/19 Governor signed
Session Law Chapter 126
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1274
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO DRIVER'S LICENSES; AMENDING SECTION 18-8002A, IDAHO CODE, TO PRO-
3 VIDE THAT PEACE OFFICERS SHALL FORWARD TO THE IDAHO TRANSPORTATION DEPART-
4 MENT ALL TEST RESULTS OF ALCOHOL CONCENTRATION ADMINISTERED BY THE OFFICER
5 WITHIN FIVE BUSINESS DAYS FOLLOWING NOTICE OF SUSPENSION SERVED ON A
6 DRIVER BY THE PEACE OFFICER; AMENDING SECTION 18-8306, IDAHO CODE, TO
7 REQUIRE SHERIFFS TO PROVIDE WRITTEN NOTIFICATION OF SEX OFFENDER REGISTRA-
8 TION REQUIREMENTS TO SEX OFFENDERS WHO APPLY FOR AN IDENTIFICATION CARD
9 ISSUED BY THE IDAHO TRANSPORTATION DEPARTMENT; AMENDING SECTION 49-301,
10 IDAHO CODE, TO REQUIRE THAT MOTOR VEHICLE OPERATORS POSSESS A CURRENT AND
11 VALID IDAHO DRIVER'S LICENSE; AMENDING SECTION 49-319, IDAHO CODE, TO
12 AUTHORIZE LICENSED PHYSICIAN ASSISTANTS AND ADVANCED PRACTICE PROFESSIONAL
13 NURSES TO VERIFY A DRIVER'S PERMANENT DISABILITY AND TO MAKE TECHNICAL
14 CORRECTIONS; AMENDING SECTION 49-324, IDAHO CODE, TO AUTHORIZE THE IDAHO
15 TRANSPORTATION DEPARTMENT TO ACT UPON NOTICES OF DRIVING OFFENSES SUBMIT-
16 TED BY JURISDICTIONS OTHER THAN STATES; AND AMENDING SECTION 49-326, IDAHO
17 CODE, TO AUTHORIZE THE IDAHO TRANSPORTATION DEPARTMENT TO ACT UPON NOTICES
18 OF DRIVING OFFENSES SUBMITTED BY JURISDICTIONS OTHER THAN STATES AND TO
19 CLARIFY TERMINOLOGY AND PROCEDURAL DUTIES OF THE DEPARTMENT WITH REGARD TO
20 DRIVERS UNDER SEVENTEEN YEARS OF AGE CONVICTED FOR THE FIRST TIME OF A
21 MOVING TRAFFIC VIOLATION.
22 Be It Enacted by the Legislature of the State of Idaho:
23 SECTION 1. That Section 18-8002A, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 18-8002A. TESTS OF DRIVER FOR ALCOHOL CONCENTRATION, PRESENCE OF DRUGS OR
26 OTHER INTOXICATING SUBSTANCES -- SUSPENSION UPON FAILURE OF TESTS. (1) Defini-
27 tions. As used in this section:
28 (a) "Actual physical control" means being in the driver's position of a
29 motor vehicle with the motor running or with the vehicle moving.
30 (b) "Administrative hearing" means a hearing conducted by a hearing offi-
31 cer to determine whether a suspension imposed by the provisions of this
32 section should be vacated or sustained.
33 (c) "Department" means the Idaho transportation department and, as the
34 context requires, shall be construed to include any agent of the depart-
35 ment designated by rule as hereinafter provided.
36 (d) "Director" means the director of the Idaho transportation department.
37 (e) "Evidentiary testing" means a procedure or test or series of proce-
38 dures or tests utilized to determine the concentration of alcohol or the
39 presence of drugs or other intoxicating substances in a person, including
40 additional testing authorized by subsection (6) of this section. An evi-
41 dentiary test for alcohol concentration shall be based on a formula of
42 grams of alcohol per one hundred (100) cubic centimeters of blood, per two
43 hundred ten (210) liters of breath, or sixty-seven (67) milliliters of
2
1 urine. Analysis of blood, breath or urine for the purpose of determining
2 alcohol concentration shall be performed by a laboratory operated by the
3 Idaho state police or by a laboratory approved by the Idaho state police
4 under the provisions of approval and certification standards to be set by
5 the Idaho state police, or by any other method approved by the Idaho
6 state police. Notwithstanding any other provision of law or rule of court,
7 the results of any test for alcohol concentration and records relating to
8 calibration, approval, certification or quality control performed by a
9 laboratory operated and approved by the Idaho state police or by any other
10 method approved by the Idaho state police shall be admissible in any pro-
11 ceeding in this state without the necessity of producing a witness to
12 establish the reliability of the testing procedure for examination.
13 (f) "Hearing officer" means a person designated by the department to con-
14 duct administrative hearings. The hearing officer shall have authority to
15 administer oaths, examine witnesses and take testimony, receive relevant
16 evidence, issue subpoenas, regulate the course and conduct of the hearing
17 and make a final ruling on the issues before him.
18 (g) "Hearing request" means a request for an administrative hearing on
19 the suspension imposed by the provisions of this section.
20 (2) Information to be given. At the time of evidentiary testing for con-
21 centration of alcohol, or for the presence of drugs or other intoxicating sub-
22 stances is requested, the person shall be informed that if the person refuses
23 to submit to or fails to complete evidentiary testing, or if the person sub-
24 mits to and completes evidentiary testing and the test results indicate an
25 alcohol concentration or the presence of drugs or other intoxicating sub-
26 stances in violation of section 18-8004, 18-8004C or 18-8006, Idaho Code, the
27 person shall be informed substantially as follows (but need not be informed
28 verbatim):
29 If you refuse to submit to or if you fail to complete and pass evidentiary
30 testing for alcohol or other intoxicating substances:
31 (a) The peace officer will seize your driver's license and issue a notice
32 of suspension and a temporary driving permit to you, but no peace officer
33 will issue you a temporary driving permit if your driver's license or per-
34 mit has already been and is suspended or revoked. No peace officer shall
35 issue a temporary driving permit to a driver of a commercial vehicle who
36 refuses to submit to or fails to complete and pass an evidentiary test;
37 (b) You have the right to request a hearing within seven (7) days of the
38 notice of suspension of your driver's license to show cause why you
39 refused to submit to or to complete and pass evidentiary testing and why
40 your driver's license should not be suspended;
41 (c) If you refused or failed to complete evidentiary testing and do not
42 request a hearing before the court or do not prevail at the hearing, your
43 driver's license will be suspended. The suspension will be for one hundred
44 eighty (180) days if this is your first refusal. The suspension will be
45 for one (1) year if this is your second refusal within five (5) years. You
46 will not be able to obtain a temporary restricted license during that
47 period; and
48 (d) If you complete evidentiary testing and fail the testing and do not
49 request a hearing before the department or do not prevail at the hearing,
50 your driver's license will be suspended. This suspension will be for
51 ninety (90) days if this is your first failure of evidentiary testing, but
52 you may request restricted driving privileges after the first thirty (30)
53 days. The suspension will be for one (1) year if this is your second fail-
54 ure of evidentiary testing within five (5) years. You will not be able to
55 obtain a temporary restricted license during that period;
3
1 (e) After submitting to evidentiary testing you may, when practicable, at
2 your own expense, have additional tests made by a person of your own
3 choosing.
4 (3) Rulemaking authority of the Idaho state police. The Idaho state
5 police may, pursuant to chapter 52, title 67, Idaho Code, prescribe by rule:
6 (a) What testing is required to complete evidentiary testing under this
7 section; and
8 (b) What calibration or checking of testing equipment must be performed
9 to comply with the department's requirements. Any rules of the Idaho state
10 police shall be in accordance with the following: a test for alcohol con-
11 centration in breath as defined in section 18-8004, Idaho Code, and sub-
12 section (1)(e) of this section will be valid for the purposes of this sec-
13 tion if the breath alcohol testing instrument was approved for testing by
14 the Idaho state police in accordance with section 18-8004, Idaho Code, at
15 any time within ninety (90) days before the evidentiary testing. A test
16 for alcohol concentration in blood or urine as defined in section 18-8004,
17 Idaho Code, that is reported by the Idaho state police or by any labora-
18 tory approved by the Idaho state police to perform this test will be valid
19 for the purposes of this section.
20 (4) Suspension.
21 (a) Upon receipt of the sworn statement of a peace officer that there
22 existed legal cause to believe a person had been driving or was in actual
23 physical control of a motor vehicle while under the influence of alcohol,
24 drugs or other intoxicating substances and that the person submitted to a
25 test and the test results indicated an alcohol concentration or the pres-
26 ence of drugs or other intoxicating substances in violation of section
27 18-8004, 18-8004C or 18-8006, Idaho Code, the department shall suspend the
28 person's driver's license, driver's permit, driving privileges or nonresi-
29 dent driving privileges:
30 (i) For a period of ninety (90) days for a first failure of eviden-
31 tiary testing under the provisions of this section. The first thirty
32 (30) days of the suspension shall be absolute and the person shall
33 have absolutely no driving privileges of any kind. Restricted driv-
34 ing privileges applicable during the remaining sixty (60) days of the
35 suspension may be requested as provided in subsection (9) of this
36 section.
37 (ii) For a period of one (1) year for a second and any subsequent
38 failure of evidentiary testing under the provisions of this section
39 within the immediately preceding five (5) years. No driving privi-
40 leges of any kind shall be granted during the suspension imposed pur-
41 suant to this subsection.
42 The person may request an administrative hearing on the suspension as pro-
43 vided in subsection (7) of this section. Any right to contest the suspen-
44 sion shall be waived if a hearing is not requested as therein provided.
45 (b) The suspension shall become effective thirty (30) days after service
46 upon the person of the notice of suspension. The notice shall be in a form
47 provided by the department and shall state:
48 (i) The reason and statutory grounds for the suspension;
49 (ii) The effective date of the suspension;
50 (iii) The suspension periods to which the person may be subject as
51 provided in subsection (4)(a) of this section;
52 (iv) The procedures for obtaining restricted driving privileges;
53 (v) The rights of the person to request an administrative hearing
54 on the suspension and that if an administrative hearing is not
55 requested within seven (7) days of service of the notice of suspen-
4
1 sion the right to contest the suspension shall be waived;
2 (vi) The procedures for obtaining an administrative hearing on the
3 suspension;
4 (vii) The right to judicial review of the hearing officer's decision
5 on the suspension and the procedures for seeking such review.
6 (5) Service of suspension by peace officer or the department. If the
7 driver submits to evidentiary testing after the information in subsection (2)
8 of this section has been provided and the results of the test indicate an
9 alcohol concentration or the presence of drugs or other intoxicating sub-
10 stances in violation of the provisions of section 18-8004, 18-8004C or
11 18-8006, Idaho Code:
12 (a) The peace officer shall take possession of the person's driver's
13 license, shall issue a temporary permit which shall be valid for a period
14 not to exceed thirty (30) days from the date of issuance, and, acting on
15 behalf of the department, will serve the person with a notice of suspen-
16 sion in the form and containing the information required under subsection
17 (4) of this section. The department may serve the person with a notice of
18 suspension if the peace officer failed to issue the notice of suspension
19 or failed to include the date of service as provided in subsection (4)(b)
20 of this section.
21 (b) Within five (5) business days following service of a notice of sus-
22 pension the peace officer shall forward to the department a copy of the
23 completed notice of suspension form upon which the date of service upon
24 the driver shall be clearly indicated, a copy of any completed temporary
25 permit form along with any confiscated driver's license, a certified copy
26 or duplicate original of the results of all tests for alcohol concentra-
27 tion, as shown by analysis of breath administered at the direction of the
28 peace officer, and a sworn statement of the officer, which may incorporate
29 any arrest or incident reports relevant to the arrest and evidentiary
30 testing setting forth:
31 (i) The identity of the person;
32 (ii) Stating the officer's legal cause to stop the person;
33 (iii) Stating the officer's legal cause to believe that the person
34 had been driving or was in actual physical control of a motor vehicle
35 while under the influence of alcohol, drugs or other intoxicating
36 substances in violation of the provisions of section 18-8004,
37 18-8004C or 18-8006, Idaho Code;
38 (iv) That the person was advised of the consequences of taking and
39 failing the evidentiary test as provided in subsection (2) of this
40 section;
41 (v) That the person was lawfully arrested;
42 (vi) That the person was tested for alcohol concentration, drugs or
43 other intoxicating substances as provided in this chapter, and that
44 the results of the test indicated an alcohol concentration or the
45 presence of drugs or other intoxicating substances in violation of
46 the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code.
47 A certified copy or duplicate original of the results of all tests for alcohol
48 concentration, as shown by analysis of breath administered at the direction of
49 the peace officer shall accompany the sworn statement of the officer. If an
50 evidentiary test of blood or urine was administered rather than a breath test,
51 the peace officer or the department shall serve the notice of suspension once
52 the results are received. The sworn statement required in this subsection
53 shall be made on forms in accordance with rules adopted by the department.
54 (c) The department may serve the person with a notice of suspension if
55 the peace officer failed to issue the notice of suspension or failed to
5
1 include the date of service as provided in subsection (4)(b) of this sec-
2 tion.
3 (6) Additional tests. After submitting to evidentiary testing at the
4 request of the peace officer, the person may, when practicable, at his own
5 expense, have additional tests for alcohol concentration or for the presence
6 of drugs or other intoxicating substances made by a person of his own choos-
7 ing. The person's failure or inability to obtain additional tests shall not
8 preclude admission of the results of evidentiary tests administered at the
9 direction of the peace officer unless additional testing was denied by the
10 peace officer.
11 (7) Administrative hearing on suspension. A person who has been served
12 with a notice of suspension after submitting to an evidentiary test may
13 request an administrative hearing on the suspension before a hearing officer
14 designated by the department. The request for hearing shall be in writing and
15 must be received by the department within seven (7) calendar days of the date
16 of service upon the person of the notice of suspension, and shall include what
17 issue or issues shall be raised at the hearing. The date on which the hearing
18 request was received shall be noted on the face of the request.
19 If a hearing is requested, the hearing shall be held within twenty (20)
20 days of the date the hearing request was received by the department unless
21 this period is, for good cause shown, extended by the hearing officer for one
22 ten (10) day period. Such extension shall not operate as a stay of the suspen-
23 sion and any temporary permit shall expire thirty (30) days after service of
24 the notice of suspension, notwithstanding an extension of the hearing date
25 beyond such thirty (30) day period. Written notice of the date and time of the
26 hearing shall be sent to the party requesting the hearing at least seven (7)
27 days prior to the scheduled hearing date. The department may conduct all hear-
28 ings by telephone if each participant in the hearing has an opportunity to
29 participate in the entire proceeding while it is taking place.
30 The hearing shall be recorded. The sworn statement of the arresting offi-
31 cer, and the copy of the notice of suspension and any temporary permit issued
32 by the officer shall be admissible at the hearing without further evidentiary
33 foundation. The results of any tests for alcohol concentration or the presence
34 of drugs or other intoxicating substances by analysis of blood, urine or
35 breath administered at the direction of the peace officer and the records
36 relating to calibration, certification, approval or quality control pertaining
37 to equipment utilized to perform the tests shall be admissible as provided in
38 section 18-8004(4), Idaho Code. The arresting officer shall not be required to
39 participate unless directed to do so by a subpoena issued by the hearing offi-
40 cer.
41 The burden of proof shall be on the person requesting the hearing. The
42 hearing officer shall not vacate the suspension unless he finds, by a prepon-
43 derance of the evidence, that:
44 (a) The peace officer did not have legal cause to stop the person; or
45 (b) The officer did not have legal cause to believe the person had been
46 driving or was in actual physical control of a vehicle while under the
47 influence of alcohol, drugs or other intoxicating substances in violation
48 of the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code; or
49 (c) The test results did not show an alcohol concentration or the pres-
50 ence of drugs or other intoxicating substances in violation of section
51 18-8004, 18-8004C or 18-8006, Idaho Code; or
52 (d) The tests for alcohol concentration, drugs or other intoxicating sub-
53 stances administered at the direction of the peace officer were not con-
54 ducted in accordance with the requirements of section 18-8004(4), Idaho
55 Code, or the testing equipment was not functioning properly when the test
6
1 was administered; or
2 (e) The person was not informed of the consequences of submitting to evi-
3 dentiary testing as required in subsection (2) of this section.
4 If the hearing officer finds that the person has not met his burden of proof,
5 he shall sustain the suspension. The hearing officer shall make findings of
6 fact and conclusions of law on each issue and shall enter an order vacating or
7 sustaining the suspension. If the suspension is vacated, the person's driver's
8 license, unless unavailable by reason of an existing suspension, revocation,
9 cancellation, disqualification or denial shall be returned to him. The find-
10 ings of fact, conclusions of law and order entered by the hearing officer
11 shall be considered a final order pursuant to the provisions of chapter 52,
12 title 67, Idaho Code, except that motions for reconsideration of such order
13 shall be allowed and new evidence can be submitted.
14 The facts as found by the hearing officer shall be independent of the
15 determination of the same or similar facts in the adjudication of any criminal
16 charges arising out of the same occurrence. The disposition of those criminal
17 charges shall not affect the suspension required to be imposed under the pro-
18 visions of this section. If a license is suspended under this section and the
19 person is also convicted on criminal charges arising out of the same occur-
20 rence for a violation of the provisions of section 18-8004, 18-8004C or
21 18-8006, Idaho Code, both the suspension under this section and the suspension
22 imposed pursuant to the provisions of section 18-8005 or 18-8006, Idaho Code,
23 shall be imposed, but the periods of suspension shall run concurrently, with
24 the total period of suspension not to exceed the longer of the applicable sus-
25 pension periods, unless the court ordering the suspension in the criminal case
26 orders to the contrary.
27 (8) Judicial review. A party aggrieved by the decision of the hearing
28 officer may seek judicial review of the decision in the manner provided for
29 judicial review of final agency action provided in chapter 52, title 67, Idaho
30 Code.
31 (9) Restricted driving privileges. A person served with a notice of sus-
32 pension for ninety (90) days pursuant to this section may apply to the depart-
33 ment for restricted driving privileges, to become effective after the thirty
34 (30) day absolute suspension has been completed. The request may be made at
35 any time after service of the notice of suspension. Restricted driving privi-
36 leges will be issued for the person to travel to and from work and for work
37 purposes, to attend an alternative high school, work on a GED, for post-
38 secondary education, or to meet the medical needs of the person or his family
39 if the person is eligible for restricted driving privileges.
40 (10) Rules. The department may adopt rules under the provisions of chapter
41 52, title 67, Idaho Code, deemed necessary to implement the provisions of this
42 section.
43 SECTION 2. That Section 18-8306, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 18-8306. NOTICE OF DUTY TO REGISTER AND INITIAL REGISTRATION. (1) When a
46 person is sentenced for an offense identified in section 18-8304, Idaho Code,
47 the prosecuting attorney shall seek and the court shall order a designated law
48 enforcement agency to immediately fingerprint that person unless the person
49 has been fingerprinted and photographed previously for the same offense.
50 Fingerprints and photographs may be taken at the jail or correctional facility
51 to which the person is remanded or sentenced. The fingerprints and photographs
52 taken pursuant to this subsection shall be submitted to the department as pro-
53 vided in section 67-3005, Idaho Code.
7
1 (2) A person convicted of an offense identified in section 18-8304, Idaho
2 Code, and released on probation without a sentence of incarceration in a
3 county jail or correctional facility, including release pursuant to a withheld
4 judgment or release from any mental institution, shall be notified by the
5 sentencing court of the duty to register pursuant to the provisions of this
6 chapter. The written notification shall be a form provided by the department
7 and approved by the attorney general and shall be signed by the defendant. The
8 court shall retain one (1) copy, provide one (1) copy to the offender, and
9 submit one (1) copy to the central registry within three (3) working days of
10 release.
11 (3) With respect to an offender convicted of a sexual offense identified
12 in section 18-8304, Idaho Code, and sentenced to a period of incarceration in
13 a jail or correctional facility and subsequently released, placed on proba-
14 tion, or paroled, the department of correction or jail shall provide, prior to
15 release from confinement, written notification of the duty to register. The
16 written notification shall be a form provided by the department and approved
17 by the attorney general and shall be signed by the offender. The department of
18 correction or jail shall retain one (1) copy, provide one (1) copy to the
19 offender, and submit one (1) copy to the central registry within three (3)
20 working days of release.
21 (4) The sheriff of each county shall provide written notification, on a
22 form provided by the Idaho transportation department of transportation and
23 approved by the attorney general, of the registration requirements of this
24 chapter to any person who enters this state from another jurisdiction and
25 makes an application for an identification card or a license to operate a
26 motor vehicle in this state. The written notice shall be signed by the person
27 and one (1) copy shall be retained by the sheriff's office and one (1) copy
28 shall be provided to the person.
29 (5) Notification of the duty to register as set forth in subsections (2)
30 and (3) of this section shall constitute an initial registration for the pur-
31 pose of establishing a record in the central registry.
32 (6) The notification form provided by the department and approved by the
33 attorney general shall:
34 (a) Explain the duty to register, the procedure for registration and pen-
35 alty for failure to comply with registration requirements;
36 (b) Inform the offender of the requirement to provide notice of any
37 change of address within Idaho or to another state within five (5) working
38 days of such change;
39 (c) Inform the offender of the requirement to register in a new state
40 within ten (10) days of changing residence to that state; and
41 (d) Obtain from the offender and agency or court, information required
42 for initial registration in the central registry, as prescribed by rules
43 promulgated by the department.
44 (7) The official conducting the notice and initial registration shall
45 ensure that the notification form is complete, that the offender has read and
46 signed the form, and that a copy is forwarded to the central repository within
47 the required time period.
48 (8) Information required for initial registration in the central registry
49 shall include, but is not limited to: name and aliases of the offender; social
50 security number; physical descriptors; current address or physical description
51 of current residence; offense for which convicted, sentence and conditions of
52 release; treatment or counseling received; and risk assessment or special cat-
53 egory of offender.
54 (9) No person subject to registration shall willfully furnish false or
55 misleading information when complying with registration and notification
8
1 requirements of this chapter.
2 SECTION 3. That Section 49-301, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 49-301. DRIVERS TO BE LICENSED. (1) No person, except those expressly
5 exempted by the provisions of this chapter, shall drive any motor vehicle upon
6 a highway unless the person has a current and valid Idaho driver's license.
7 Provided however, that those persons holding a restricted school attendance
8 driving permit may drive upon a highway pursuant to the restrictions set forth
9 in section 49-307A, Idaho Code. No person shall operate a motorcycle upon a
10 highway unless he has a motorcycle endorsement on his valid driver's license.
11 No person shall operate a commercial motor vehicle as defined in section
12 49-123, Idaho Code, upon a highway unless he has a seasonal or class A, B or C
13 driver's license with required endorsements. No person shall operate a motor
14 vehicle in violation of any valid restriction identified on or attached to,
15 his valid driver's license. No person shall receive a class D driver's license
16 unless and until he surrenders to the department all driver's licenses in his
17 possession issued to him by Idaho or any other jurisdiction for use within the
18 United States, or any identification cards issued by any other jurisdiction
19 within the United States, or until he executes an affidavit that he does not
20 possess a driver's license or any identification cards. No person shall be
21 permitted to have more than one (1) driver's license issued for use within the
22 United States at any time.
23 (2) Any holder of a class A, B or C commercial driver's license issued by
24 a jurisdiction other than Idaho shall apply for an Idaho-issued commercial
25 driver's license within thirty (30) days of establishing a domicile in Idaho.
26 In accordance with the federal motor carrier safety regulations, no person
27 shall receive a class A, B or C driver's license unless and until he surren-
28 ders to the department all driver's licenses in his possession issued to him
29 by Idaho or any other jurisdiction.
30 Except as provided in section 49-304, Idaho Code, a violation of this sec-
31 tion is a misdemeanor.
32 SECTION 4. That Section 49-319, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 49-319. EXPIRATION AND RENEWAL OF DRIVER'S LICENSE. (1) Every noncommer-
35 cial Idaho driver's license issued to a driver shall expire and be renewable
36 as follows:
37 (a) Twenty-one (21) years of age or older shall expire on the licensee's
38 birthday in the fourth year following the issuance of the driver's
39 license.
40 (b) At the option of the applicant, for drivers twenty-one (21) years of
41 age through sixty-two (62) years of age, the driver's license shall expire
42 either on the licensee's birthday in the fourth year or the eighth year
43 following the issuance of the driver's license.
44 (c) Every driver's license issued to a driver under eighteen (18) years
45 of age shall expire five (5) days after the licensee's eighteenth birth-
46 day.
47 (d) Every driver's license issued to a driver eighteen (18) years of age
48 but under twenty-one (21) years of age shall expire five (5) days after
49 the licensee's twenty-first birthday.
50 (e) Except licenses issued to drivers under twenty-one (21) years of age,
51 every driver's license that is not, as provided by law, suspended, revoked
9
1 or disqualified in this state or any other jurisdiction shall be renewable
2 on or before its expiration, but not more than twelve (12) months before,
3 upon application, payment of the required fee, and satisfactory completion
4 of the required eyesight examination.
5 (2) Every commercial driver's license issued to a person twenty-one (21)
6 years of age or older shall expire on the licensee's birthday in the fourth
7 year following issuance of the license, and any Cclass A, B or C license
8 issued to a person eighteen (18), nineteen (19) or twenty (20) years of age
9 shall expire five (5) days after the licensee's twenty-first birthday. There
10 shall be no option for an eight-year Cclass A, B or C license.
11 (3) An applicant who is issued a driver's license in another jurisdiction
12 after an Idaho driver's license has been issued is not eligible for renewal or
13 a duplicate of the Idaho driver's license. The applicant may apply for a new
14 Idaho driver's license as provided in section 49-306, Idaho Code.
15 (4) No knowledge test shall be required for renewal of a driver's
16 license, except for renewal of a hazardous material endorsement. Appropriate
17 knowledge and skill tests shall be required for an upgrade in a driver's
18 license class or an endorsement addition. In the case of a name change, the
19 applicant shall provide legal documentation to verify the change in accordance
20 with department rules.
21 (5) Except for drivers under twenty-one (21) years of age, when a dri-
22 ver's license has been expired for fewer than twelve (12) months, the renewal
23 of the driver's license shall start from the original date of expiration
24 regardless of the year in which the application for renewal is made. If the
25 driver's license is expired for twelve (12) months or more, the applicant
26 shall be required to take the knowledge, skills for the class of license or
27 endorsement being applied for, and vision tests and the application shall
28 expire on the licensee's birthday in the fourth year following issuance of the
29 driver's license for drivers twenty-one (21) years of age or older. At the
30 option of the applicant, for drivers twenty-one (21) years of age through
31 sixty-two (62) years of age, the renewed license shall expire either on the
32 licensee's birthday in the fourth year or the eighth year following issuance.
33 (6) (a) If a driver's license has expired or will expire and the licen-
34 see is temporarily out-of-state except on active military duty, and the
35 driver's license has not, as provided by law, been suspended, revoked,
36 canceled, denied, refused or disqualified, the licensee may request in
37 writing on a form prescribed by the department an extension of the dri-
38 ver's license. The request shall be accompanied by the fee fixed in sec-
39 tion 49-306, Idaho Code, and the extension shall be less than a twelve
40 (12) month period. If the department determines that an extension of the
41 driver's license is necessary, it may issue a certificate of extension
42 showing the date to which the expired driver's license is extended, and
43 this certificate shall be attached to the expired driver's license. Cer-
44 tificates of extension are limited to two (2) per licensee.
45 (b) Upon returning to the state of Idaho, the licensee shall within ten
46 (10) days, apply for a renewal of the expired driver's license and surren-
47 der the certificate of extension and the expired driver's license.
48 (c) A hazardous material endorsement cannot be extended.
49 (7) An Idaho driver's license issued to any person prior to serving on
50 active duty in the armed forces of the United States, or a member of the imme-
51 diate family accompanying such a person, if valid and in full force and effect
52 upon entering active duty, shall remain in full force and effect and shall,
53 upon application, be extended for a period of four (4) years so long as active
54 duty continues, if the driver's license is not suspended, denied, disquali-
55 fied, canceled or revoked, as provided by law, during the active duty, and the
10
1 driver's license shall remain in full force and effect sixty (60) days follow-
2 ing the date the holder is released from active duty.
3 (8) The department may use a mail renewal process for four-year class D
4 licenses based on criteria established by rule.
5 (9) A seasonal driver's license is only valid for a one hundred eighty
6 (180) day period from the date of issuance. Only one (1) seasonal driver's
7 license may be obtained in any twelve (12) month period, and may only be
8 obtained twice in a driver's lifetime.
9 (10) A person who applies for renewal of a license may request that the
10 notation "permanently disabled" be imprinted on the license and the department
11 shall imprint "permanently disabled" on the license if:
12 (a) The person has a permanent disability; and
13 (b) The person presents written certification from a licensed physician,
14 licensed physician assistant, or licensed advanced practice professional
15 nurse verifying that the person's stated impairment qualifies as a perma-
16 nent disability as provided in section 49-117, Idaho Code; and
17 (c) The department determines that the person meets the requirements for
18 issuance of a license as specified in section 49-313, Idaho Code.
19 SECTION 5. That Section 49-324, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 49-324. SUSPENDING RESIDENT'S LICENSE AND PRIVILEGES UPON CONVICTION,
22 ADMINISTRATIVE ACTION OR COURT ORDER IN ANOTHER STATE OR JURISDICTION. The
23 department shall suspend, disqualify or revoke the driver's license or privi-
24 lege of any resident of this state or the privilege of a nonresident to oper-
25 ate a motor vehicle in this state upon receiving notice of the conviction,
26 administrative action or court order of that person in another state or juris-
27 diction of an offense which, if committed in this state, would be grounds for
28 the suspension, disqualification or revocation of the driver's license and
29 privileges of the driver. The department shall forward a certified copy or
30 electronic transfer to the national driver register.
31 SECTION 6. That Section 49-326, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 49-326. AUTHORITY OF DEPARTMENT TO SUSPEND, DISQUALIFY OR REVOKE DRIVER'S
34 LICENSE AND PRIVILEGES. (1) If the court has not ordered the suspension of a
35 license or privileges, the department is authorized to suspend, disqualify or
36 revoke the license or privileges of a driver without preliminary hearing upon
37 a showing by its records or other sufficient evidence that the driver:
38 (a) Has committed an offense for which mandatory revocation, suspension
39 or disqualification of license or privileges is required upon conviction,
40 court order or administrative action;
41 (b) Has been convicted in any court in this state of an offense against a
42 municipal ordinance which would have been grounds for suspension, revoca-
43 tion or disqualification of his driver's license or privileges had the
44 charge been prosecuted under a state law;
45 (c) Is incompetent to drive a motor vehicle;
46 1. Any person who in the opinion of the department, based upon rec-
47 ommendation of the person's personal physician, is afflicted with or
48 subject to any condition which brings about momentary or prolonged
49 lapses of consciousness or control, which is or may become chronic,
50 or when the person is suffering from a physical or mental disability
51 or disease serving to prevent him from exercising reasonable and
11
1 ordinary control over a motor vehicle while operating it upon the
2 streets and highways, or any person who is unable to understand high-
3 way signs, warning, regulating or directing traffic, is incompetent
4 to drive a motor vehicle.
5 2. Any person who shall not have minimum visual acuity with or with-
6 out corrective lenses of 20/40 in at least one (1) eye as determined
7 by the Snellen system or other available systems is incompetent to
8 operate a motor vehicle, however, the department shall have the
9 authority to license such person upon the recommendation of an oph-
10 thalmologist or qualified physician and upon passage of a skills
11 test. At 20/70 or more in both eyes with or without corrective lenses
12 the department may suspend the driver's license and privileges. Any
13 person who applies for or receives any type of tax, welfare or other
14 benefits or exemptions for the blind shall be conclusively presumed
15 incompetent to operate a motor vehicle.
16 3. Any person, department, or political subdivision of the state of
17 Idaho who receives an application for any type of tax, welfare, aid
18 or other benefits or exemptions for the blind shall immediately for-
19 ward the name, address, sex, date of birth, and date of application
20 of the applicant to the department;
21 (d) Has permitted an unlawful or fraudulent use of a driver's license;
22 (e) Has committed an offense in another state or jurisdiction as evi-
23 denced by a conviction, court order or administrative action, which if
24 committed in Idaho would be grounds for suspension, disqualification or
25 revocation;
26 (f) Has been convicted of the offense of reckless driving, or fleeing or
27 attempting to elude a peace officer, and providing that the operating
28 privilege shall be suspended for a period of thirty (30) days upon convic-
29 tion and providing further, that if a second conviction occurs within a
30 two (2) year period of time from the time of the first conviction, the
31 suspension shall be for ninety (90) days, and if a third conviction shall
32 occur within a three (3) year period of time from the time of the first
33 conviction, the period of suspension shall be for one (1) year;
34 (g) Has failed to satisfy a judgment as set forth in chapter 12, title
35 49, Idaho Code;
36 (h) Has failed to maintain proof of financial responsibility as set forth
37 in chapter 12, title 49, Idaho Code;
38 (i) Has a driving record which shows a violation point count of twelve
39 (12) or more points in any consecutive twelve (12) month period;
40 (j) Is an habitual violator of traffic laws;
41 (k) Has been convicted of the offense of violation of a restricted
42 license and providing the driver's license and privileges be suspended for
43 a period of thirty (30) days;
44 (l) Has been convicted for the offense of leaving the scene of an acci-
45 dent involving damages to a vehicle, the period of revocation shall be one
46 (1) year;
47 (m) Has been convicted for the offense of leaving the scene of an acci-
48 dent resulting in injury or death, the period of revocation shall be one
49 (1) year;
50 (n) Is under the age of eighteen (18) years and is not satisfactorily
51 enrolled in school, has not received a waiver pursuant to or has not com-
52 pleted school as provided in section 49-303A, Idaho Code;
53 (o) Was cited under the age of seventeen (17) years and subsequently
54 received a conviction involving a moving traffic violation arising out of
55 the operation of a motor vehicle, and providing the driver shall receive
12
1 be sent a written warning from the Idaho transportation department for a
2 first conviction; the driver's license shall be suspended for a period of
3 thirty (30) days for a second conviction; and the driver's license shall
4 be suspended for a period of sixty (60) days for a third or subsequent
5 conviction; and providing further that no restricted driving privileges
6 shall be issued during any period of suspension hereunder.
7 (2) A violation point is assessed for conviction of any charge or with
8 proof of any infraction involving a moving traffic violation. A value of one
9 (1) point shall be given for a less serious violation and up to four (4)
10 points for a more serious violation. Conviction or proof of infraction for
11 only one (1) violation arising from one (1) occasion of arrest or citation
12 shall be counted in determining the violation point count.
13 (3) The department is authorized and directed to establish a violation
14 point count system for various moving traffic violations and infractions
15 occurring either within or without the state of Idaho, affecting all holders
16 of driver's licenses issued by the department.
17 (4) Notification of suspension, revocation, cancellation or disqualifica-
18 tion. Upon suspending, revoking, canceling or disqualifying the driver's
19 license or driving privileges of any person, the department shall immediately
20 notify the applicant or licensee in writing, at the licensee's address on file
21 with the department pursuant to section 49-320, Idaho Code. Upon his request
22 the department shall afford him an opportunity for a hearing before a hearing
23 officer appointed by the director. The hearing may be held by telephone within
24 twenty (20) days after receipt of the request, unless this period is for good
25 cause shown, extended by the hearing officer for one ten-day period. The
26 notice and hearing shall be required prior to the imposition of additional
27 suspension or disqualification periods beyond the periods as set forth in this
28 section. Upon a hearing the hearing officer may administer oaths, may issue
29 subpoenas for the attendance of witnesses and the production of relevant books
30 and papers, and may require a reexamination of the licensee. Upon the hearing
31 the department shall either rescind its order or, with good cause, may affirm
32 or extend the suspension or disqualification of the driver's license or revoke
33 the driver's license.
34 Whenever a driver's license, permit or driving privilege has been sus-
35 pended or revoked by the department as provided in this section, other than as
36 set forth in subsection (1)(c), (d), (g), (h), (m), (n) or (o), the department
37 may issue a temporary restricted permit restricting the time, area and purpose
38 of use. The application, eligibility requirements and form of the temporary
39 restricted permit shall be provided by administrative rule.
40 (5) The department shall not suspend or revoke a driver's license or
41 privileges for a period of more than one (1) year, unless otherwise provided
42 by law. The provisions of this subsection shall not be applicable with respect
43 to the issuance of temporary restricted permits as provided in section 49-325,
44 Idaho Code, nor shall it be applicable to those suspensions placed on an
45 individual's record for the purpose of administering suspensions ordered to
46 take effect after an individual's release from confinement or imprisonment
47 pursuant to chapter 80, title 18, Idaho Code.
48 (6) The department shall not disqualify a driver for a period longer than
49 specified by 49 CFR part 383.
STATEMENT OF PURPOSE
RS 13495
This legislation will:
clean up and clarify several sections of Idaho Code applying to
driver's license requirements, suspensions, disqualifications, and
revocations,
require sheriffs to provide written notification of sex-offender
registration requirements to out-of-state applicants for
identification cards, and
authorize licensed physicians assistants and licensed advanced-
practice nurses to certify permanent disability for driver's
licenses purposes.
FISCAL IMPACT
This legislation has no fiscal impact.
CONTACT
Name: Ed Pemble
Agency: Idaho Transportation Department
Phone: 332-7830
Statement of Purpose/Fiscal Impact S 1274