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S1275.....................................................by TRANSPORTATION
MOTOR VEHICLE DRIVERS - HAZARDOUS MATERIALS - Amends existing law to
require motor vehicle drivers applying for a hazardous material endorsement
to have a security background records check and to receive clearance from
the Federal Transportation Security Administration before the endorsement
can be issued, renewed or transferred; and to require either proof of
United States citizenship or proof of lawful, permanent United States
residence and a valid Bureau of Citizenship and Immigration Services alien
registration number.
02/04 Senate intro - 1st rdg - to printing
02/05 Rpt prt - to Transp
03/03 Rpt out - rec d/p - to 2nd rdg
03/04 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 31-1-3
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Sweet, Williams
NAYS -- Little
Absent and excused -- Keough, Stennett, Werk
Floor Sponsor - Calabretta
Title apvd - to House
03/09 House intro - 1st rdg - to Transp
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 47-20-3
AYES -- Andersen, Barraclough, Bauer, Black, Block, Bradford,
Campbell, Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas,
Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,
Henbest, Jaquet, Kellogg, Lake, Langford, Langhorst, McGeachin,
Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Ring, Ringo,
Roberts, Robison, Rydalch, Sayler, Schaefer, Shepherd, Skippen,
Smith(30), Smith(24), Smylie, Trail, Wills, Wood
NAYS -- Barrett, Bayer, Bedke, Bell, Boe, Bolz, Crow, Eberle,
Harwood, Jones, Kulczyk, Martinez, McKague, Meyer, Moyle, Raybould,
Ridinger, Sali, Shirley, Stevenson
Absent and excused -- Gagner, Snodgrass, Mr. Speaker
Floor Sponsor - Smith(24)
Title apvd - to Senate
03/17 To enrol
03/18 Rpt enrol - Pres signed - Sp signed
03/19 To Governor
03/24 Governor signed
Session Law Chapter 297
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1275
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO DRIVER'S LICENSES, INSTRUCTION PERMITS AND HAZARDOUS MATERIAL
3 ENDORSEMENT; AMENDING SECTION 49-305, IDAHO CODE, TO PROHIBIT ISSUANCE OF
4 A HAZARDOUS MATERIAL ENDORSEMENT ON ANY INSTRUCTION PERMIT AND TO MAKE
5 TECHNICAL CORRECTIONS; AMENDING SECTION 49-315, IDAHO CODE, TO REQUIRE
6 APPLICANTS FOR A HAZARDOUS MATERIAL ENDORSEMENT TO HAVE A SECURITY BACK-
7 GROUND RECORDS CHECK AND TO RECEIVE CLEARANCE FROM THE FEDERAL TRANSPORTA-
8 TION SECURITY ADMINISTRATION BEFORE THE ENDORSEMENT CAN BE ISSUED, RENEWED
9 OR TRANSFERRED, SUBJECT TO PROCEDURES ESTABLISHED BY THE ADMINISTRATION;
10 AMENDING SECTION 49-319, IDAHO CODE, TO REQUIRE APPLICANTS FOR A HAZARDOUS
11 MATERIAL ENDORSEMENT TO PROVIDE EITHER PROOF OF UNITED STATES CITIZENSHIP
12 OR PROOF OF LAWFUL, PERMANENT UNITED STATES RESIDENCE AND A VALID BUREAU
13 OF CITIZENSHIP AND IMMIGRATION SERVICES ALIEN REGISTRATION NUMBER, AND TO
14 REQUIRE APPLICANTS TO HAVE A SECURITY BACKGROUND RECORDS CHECK AND TO
15 RECEIVE CLEARANCE FROM THE FEDERAL TRANSPORTATION SECURITY ADMINISTRATION
16 BEFORE THE ENDORSEMENT CAN BE ISSUED, RENEWED OR TRANSFERRED, SUBJECT TO
17 PROCEDURES ESTABLISHED BY THE ADMINISTRATION.
18 Be It Enacted by the Legislature of the State of Idaho:
19 SECTION 1. That Section 49-305, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 49-305. INSTRUCTION PERMITS -- TEMPORARY LICENSES -- TEMPORARY DRIVER'S
22 TRAINING INSTRUCTION PERMIT. (1) Upon passage of the required knowledge tests
23 appropriate for the vehicle being operated, the department may issue a class
24 A, B or C instruction permit for the type of vehicle(s) the person will be
25 operating, or a class D instruction permit for a class D motor vehicle, enti-
26 tling the applicant, while having the permit in his immediate possession, to
27 drive a motor vehicle upon the highways for a period of up to one hundred
28 eighty (180) days. That person must be accompanied by an adult driver eighteen
29 (18) years of age or older who holds a driver's license appropriate for the
30 vehicle being operated and who is actually occupying a seat beside the driver.
31 (a) Any person who has reached the age of seventeen (17) years may apply
32 for a class D instruction permit. Any person applying for any class D
33 instruction permit or driving privileges who is under the age of eighteen
34 (18) years shall be in compliance with school attendance requirements of
35 section 49-303A, Idaho Code.
36 (b) Any person who has reached the age of eighteen (18) years, holds a
37 valid Idaho class D driver's license and has at least one (1) year of
38 driving experience, may apply for a class A, B or C instruction permit.
39 (c) The department shall not issue a hazardous material endorsement on
40 any instruction permit.
41 (2) The department may, at its discretion, issue a temporary class D dri-
42 ver's license to an applicant for a class D driver's license permitting him to
43 operate a motor vehicle while the department is completing its investigation
2
1 and determination of all facts relative to the applicant's right to receive a
2 driver's license. The temporary license may be cancelled canceled at the
3 department's discretion at any time after issuance. The temporary license must
4 be in the applicant's immediate possession while operating a motor vehicle,
5 and it shall be invalid when the applicant's driver's license has been issued
6 or for good cause has been refused.
7 (3) If an applicant for a class D driver's training instruction permit
8 cannot provide a certified copy of his birth certificate at the time of appli-
9 cation, the department may issue a temporary driver's training instruction
10 permit upon receipt of both a photo identification and a letter from the
11 school verifying the applicant's enrollment in a driver training course. The
12 certified copy of his birth certificate shall be required before a class D
13 driver's license or class D instruction permit will be issued.
14 (4) The department may issue a motorcycle endorsement instruction permit
15 to an applicant who has a valid driver's license and who has successfully com-
16 pleted the motorcycle rider's knowledge test and paid the appropriate fees.
17 The permit entitles the applicant, while having the permit in his immediate
18 possession, to operate a motorcycle upon the highways for a period not to
19 exceed one hundred eighty (180) days. If the permittee passes the skills test
20 for a motorcycle endorsement within one hundred eighty (180) days of issuance
21 of the motorcycle endorsement instruction permit, he shall not be required to
22 pay the motorcycle endorsement fee. A person holding a motorcycle instruction
23 permit shall not carry any passenger while operating a motorcycle, shall not
24 operate a motorcycle except during the hours of daylight only and shall not
25 operate a motorcycle upon any interstate highway system.
26 A violation of the conditions of a motorcycle endorsement instruction per-
27 mit is an infraction. The department shall cancel the permit whether or not
28 such violation results in conviction of the infraction.
29 SECTION 2. That Section 49-315, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 49-315. LICENSES ISSUED TO DRIVERS. (1) The department shall issue to
32 every qualifying applicant a distinguishing driver's license as applied for,
33 which shall bear a distinguishing number assigned to the licensee, the full
34 name, date of birth, Idaho residence address, sex, weight, height, eye color,
35 hair color, color photograph, name of this state, date of issuance, date of
36 expiration, license class, endorsements, restrictions, and the applicant's
37 signature. Driver's licenses for persons under eighteen (18) years of age
38 shall include a notation "under 18 until (month, day, year)," and driver's
39 licenses for persons eighteen (18) years of age to twenty-one (21) years of
40 age shall include a notation "under 21 until (month, day, year)." No driver's
41 license shall be valid until it has been signed on the signature line of the
42 license by the licensee.
43 (2) Every driver's license shall bear a color photograph of the licensee,
44 which shall be taken by the examiner at the time the application is made. The
45 photograph shall be taken without headgear or other clothing or device that
46 disguises or otherwise conceals the face or head of the applicant. A waiver
47 may be granted by the department allowing the applicant to wear headgear or
48 other head covering for medical, religious or safety purposes so long as the
49 face is not disguised or otherwise concealed. At the request of the applicant,
50 a driver's license may contain a statement or indication of the medical condi-
51 tion of the licensee.
52 (3) The department shall notify the commercial driver license information
53 system that a class A, B or C driver's license has been issued as required by
3
1 49 CFR part 383.
2 (4) A licensee applying for a hazardous material endorsement on a dri-
3 ver's license shall have a security background records check and shall receive
4 clearance from the federal transportation security administration before the
5 endorsement can be issued, renewed or transferred as required by 49 CFR part
6 383, subject to procedures established by the federal transportation security
7 administration.
8 (5) A licensee who desires to donate any or all organs or tissue in the
9 event of death, and who has completed a document of gift pursuant to the pro-
10 visions for donation of anatomical gifts as set forth in chapter 34, title 39,
11 Idaho Code, may, at the option of the donor, indicate this desire on the dri-
12 ver's license by the imprinting of the word "donor" on the license.
13 (56) A licensee who is a person with a permanent disability may request
14 that the notation "permanently disabled" be imprinted on the driver's license,
15 provided the licensee presents written certification from a licensed physician
16 verifying that the licensee's stated impairment qualifies as a permanent dis-
17 ability according to the provisions of section 49-117, Idaho Code.
18 SECTION 3. That Section 49-319, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 49-319. EXPIRATION AND RENEWAL OF DRIVER'S LICENSE. (1) Every noncommer-
21 cial Idaho driver's license issued to a driver shall expire and be renewable
22 as follows:
23 (a) Twenty-one (21) years of age or older shall expire on the licensee's
24 birthday in the fourth year following the issuance of the driver's
25 license.
26 (b) At the option of the applicant, for drivers twenty-one (21) years of
27 age through sixty-two (62) years of age, the driver's license shall expire
28 either on the licensee's birthday in the fourth year or the eighth year
29 following the issuance of the driver's license.
30 (c) Every driver's license issued to a driver under eighteen (18) years
31 of age shall expire five (5) days after the licensee's eighteenth birth-
32 day.
33 (d) Every driver's license issued to a driver eighteen (18) years of age
34 but under twenty-one (21) years of age shall expire five (5) days after
35 the licensee's twenty-first birthday.
36 (e) Except licenses issued to drivers under twenty-one (21) years of age,
37 every driver's license that is not, as provided by law, suspended, revoked
38 or disqualified in this state or any other jurisdiction shall be renewable
39 on or before its expiration, but not more than twelve (12) months before,
40 upon application, payment of the required fee, and satisfactory completion
41 of the required eyesight examination.
42 (2) Every commercial driver's license issued to a person twenty-one (21)
43 years of age or older shall expire on the licensee's birthday in the fourth
44 year following issuance of the license, and any Class A, B or C license issued
45 to a person eighteen (18), nineteen (19) or twenty (20) years of age shall
46 expire five (5) days after the licensee's twenty-first birthday. There shall
47 be no option for an eight-year Class A, B or C license.
48 (3) An applicant who is issued a driver's license in another jurisdiction
49 after an Idaho driver's license has been issued is not eligible for renewal or
50 a duplicate of the Idaho driver's license. The applicant may apply for a new
51 Idaho driver's license as provided in section 49-306, Idaho Code.
52 (4) No knowledge test shall be required for renewal of a driver's
53 license, except for renewal of a hazardous material endorsement. Appropriate
4
1 knowledge and skill tests shall be required for an upgrade in a driver's
2 license class or an endorsement addition. In the case of a name change, the
3 applicant shall provide legal documentation to verify the change in accordance
4 with department rules.
5 (5) Applicants for a hazardous material endorsement shall provide either
6 proof of United States citizenship or proof of lawful, permanent United States
7 residence and a valid federal bureau of citizenship and immigration services
8 alien registration number. A security background records check and federal
9 transportation security administration clearance shall be required for issu-
10 ance, renewal or transfer of a hazardous material endorsement in accordance
11 with 49 CFR part 383, subject to procedures established by the federal trans-
12 portation security administration.
13 (6) Except for drivers under twenty-one (21) years of age, when a dri-
14 ver's license has been expired for fewer than twelve (12) months, the renewal
15 of the driver's license shall start from the original date of expiration
16 regardless of the year in which the application for renewal is made. If the
17 driver's license is expired for twelve (12) months or more, the applicant
18 shall be required to take the knowledge, skills for the class of license or
19 endorsement being applied for, and vision tests and the application shall
20 expire on the licensee's birthday in the fourth year following issuance of the
21 driver's license for drivers twenty-one (21) years of age or older. At the
22 option of the applicant, for drivers twenty-one (21) years of age through
23 sixty-two (62) years of age, the renewed license shall expire either on the
24 licensee's birthday in the fourth year or the eighth year following issuance.
25 (67) (a) If a driver's license has expired or will expire and the licen-
26 see is temporarily out-of-state except on active military duty, and the
27 driver's license has not, as provided by law, been suspended, revoked,
28 canceled, denied, refused or disqualified, the licensee may request in
29 writing on a form prescribed by the department an extension of the dri-
30 ver's license. The request shall be accompanied by the fee fixed in sec-
31 tion 49-306, Idaho Code, and the extension shall be less than a twelve
32 (12) month period. If the department determines that an extension of the
33 driver's license is necessary, it may issue a certificate of extension
34 showing the date to which the expired driver's license is extended, and
35 this certificate shall be attached to the expired driver's license. Cer-
36 tificates of extension are limited to two (2) per licensee.
37 (b) Upon returning to the state of Idaho, the licensee shall within ten
38 (10) days, apply for a renewal of the expired driver's license and surren-
39 der the certificate of extension and the expired driver's license.
40 (c) A hazardous material endorsement cannot be extended.
41 (78) An Idaho driver's license issued to any person prior to serving on
42 active duty in the armed forces of the United States, or a member of the imme-
43 diate family accompanying such a person, if valid and in full force and effect
44 upon entering active duty, shall remain in full force and effect and shall,
45 upon application, be extended for a period of four (4) years so long as active
46 duty continues, if the driver's license is not suspended, denied, disquali-
47 fied, canceled or revoked, as provided by law, during the active duty, and the
48 driver's license shall remain in full force and effect sixty (60) days follow-
49 ing the date the holder is released from active duty.
50 (89) The department may use a mail renewal process for four-year class D
51 licenses based on criteria established by rule.
52 (910) A seasonal driver's license is only valid for a one hundred eighty
53 (180) day period from the date of issuance. Only one (1) seasonal driver's
54 license may be obtained in any twelve (12) month period, and may only be
55 obtained twice in a driver's lifetime.
5
1 (101) A person who applies for renewal of a license may request that the
2 notation "permanently disabled" be imprinted on the license and the department
3 shall imprint "permanently disabled" on the license if:
4 (a) The person has a permanent disability; and
5 (b) The person presents written certification from a licensed physician
6 verifying that the person's stated impairment qualifies as a permanent
7 disability as provided in section 49-117, Idaho Code; and
8 (c) The department determines that the person meets the requirements for
9 issuance of a license as specified in section 49-313, Idaho Code.
STATEMENT OF PURPOSE
RS 13500C2
This legislation will revise requirements for commercial driver licenses and
transporters of hazardous materials requiring a hazardous materials (hazmat)
endorsement, bringing Idaho law into conformance with the new federal
requirements of 49 Code of Federal Regulations Part 383, and implementing Sec.
1012 of the Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act of 2001 (otherwise known as the
USA PATRIOT Act.) Failure to comply will result in the withholding and loss of
federal-aid highway funds.
This legislation prohibits issuing, renewing, transferring, or upgrading a
commercial driver's license with a hazardous materials endorsement unless the
U.S. Department of Justice has first conducted a background records check of the
applicant, and the Transportation Security Administration has determined that the
applicant does not pose a security risk warranting denial of the hazardous
materials endorsement. An applicant for a hazardous materials endorsement must
be a U.S. Citizen or be an alien classified as a lawful permanent resident of the
United States with a valid Bureau of Citizenship and Immigration Services (BCIS)
alien registration number. A learners/instruction permit will not authorize a
person to transport hazardous materials as defined in 49 Code of Federal
Regulations Part 383.5.
Implementation is subject to procedures established by the federal transportation
security administration.
FISCAL IMPACT
ONE-TIME DEPARTMENT COSTS:
Programming: 1000 hours @ $71.50 (utilizing contractor programming)
$ 71,500
Notices for 1,200 existing Hazmat endorsement holders (FY 2004):
Postage: 1,200 initial letters @ $.37 each (rounded) 450
Postage 1,200 results letters @ $.37 each (rounded) 450
Paper, printing and envelopes for 2,400 letters @.08 each (rounded)
200
TOTAL: $ 72,600
ON-GOING DEPARTMENT COSTS:
5,000 New and renew Hazmat endorsements (FY 2005 and beyond):
Postage: 5,000 renewal lettrs @ $.37 each $ 1,850
Postage: 5,000 results letters @ $.37 each 1,850
Paper, printing and envelopes for 10,000 letters @.08 800
TOTAL: $ 4,500
ADDITIONAL COSTS TO INDIVIDUAL HAZMAT ENDORSEMENT APPLICANTS:
Security risk background checks (approximate cost to each applicant)
$ 50
FEDERAL SANCTIONS FOR FAILURE TO IMPLEMENT:
Loss of a percentage of IM (Interstate Maintenance), NHS (National Highway
System) and STP federal highway funding (Surface Transportation Program): 5% for
the first year of non-compliance, (approximately $6.6 million) and 10% each year
thereafter (approximately $13.2 million).
CONTACT
Name: Ed Pemble
Agency: Idaho Transportation Department
Phone: 332-7830 S 1275