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H0054aaS......................................by TRANSPORTATION AND DEFENSE DRIVER'S LICENSES - Amends existing law to clarify the restriction on issuing a license, permit or privilege to drive to habitual drunkards and persons addicted to the use of narcotic drugs, and persons afflicted with or suffering from mental disability or disease. 01/25 House intro - 1st rdg - to printing 01/26 Rpt prt - to Transp 02/05 Rpt out - rec d/p - to 2nd rdg 02/06 2nd rdg - to 3rd rdg 02/07 3rd rdg - PASSED - 68-0-2 AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker NAYS -- None Absent and excused -- Crane, Nielsen Floor Sponsor - Nonini Title apvd - to Senate 02/08 Senate intro - 1st rdg - to Jud 02/13 Rpt out - to 14th Ord 02/16 Rpt out amen - to 1st rdg as amen 02/19 1st rdg - to 2nd rdg as amen 02/20 2nd rdg - to 3rd rdg as amen 03/01 3rd rdg as amen - PASSED - 32-1-2 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stennett, Werk NAYS -- Stegner Absent and excused -- Burkett, Coiner Floor Sponsor - Davis Title apvd - to House 03/05 House concurred in Senate amens - to engros 03/06 Rpt engros - 1st rdg - to 2nd rdg as amen 03/07 2nd rdg - to 3rd rdg as amen 03/09 3rd rdg as amen - PASSED - 65-0-5 AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Snodgrass, Stevenson, Thayn, Vander Woude, Wills, Wood(27), Mr. Speaker NAYS -- None Absent and excused -- Crane, Lake, Smith(24), Trail, Wood(35) Floor Sponsor - Nonini Title apvd - to enrol 03/12 Rpt enrol - Sp signed 03/13 Pres signed 03/14 To Governor 03/20 Governor signed Session Law Chapter 110 Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 54 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO LICENSES ISSUED BY THE IDAHO TRANSPORTATION DEPARTMENT; AMENDING 3 SECTION 49-303, IDAHO CODE, TO REMOVE THE RESTRICTION ON ISSUING A 4 LICENSE, PERMIT OR PRIVILEGE TO DRIVE TO HABITUAL DRUNKARDS AND PERSONS 5 ADDICTED TO THE USE OF NARCOTIC DRUGS. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 49-303, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 49-303. WHAT PERSONS SHALL NOT BE LICENSED. The department shall not 10 issue any driver's license, any instruction permit, privileges or right to 11 drive and if issued, may revoke or cancel the driver's license of a person 12 who: 13 (1) As an operator of a vehicle requiring a class D driver's license, is 14 under the age of seventeen (17) years, except that the department may issue a 15 driver's license to any person who has successfully completed an approved 16 driver training course, has completed the requirements of a class D supervised 17 instruction permit, and who is at least fifteen (15) years of age, with driv- 18 ing privileges restricted to daylight hours only except as provided in section 19 49-307(7), Idaho Code, and with full privileges at sixteen (16) years of age. 20 The restriction of daylight hours only shall mean that period of time one-half 21 (1/2) hour before sunrise to one-half (1/2) hour after sunset. If a person who 22 is at least fifteen (15) years but is under seventeen (17) years of age has 23 successfully completed an approved driver's training course and has been 24 issued a driver's license in another state, he may be issued a class D dri- 25 ver's license in this state. Provided however, that a restricted school atten- 26 dance driving permit may be issued to those persons meeting the criteria set 27 forth in section 49-307A, Idaho Code. 28 (2) As an operator of a vehicle requiring a class D driver's license, is 29 under the age of seventeen (17) years and has not successfully completed an 30 approved driver training course and has not satisfied the requirements of a 31 class D supervised instruction permit. Provided however, that a restricted 32 school attendance driving permit may be issued to those persons meeting the 33 criteria set forth in section 49-307A, Idaho Code. 34 (3) As an operator of a commercial vehicle requiring a class A, B or C 35 driver's license is under the age of eighteen (18) years. 36 (4) Applicants with less than one (1) year of driving experience, as evi- 37 denced by a previous driver's license shall not be issued a class A, B or C 38 driver's license or a class A, B or C instruction permit. 39 (5) As a driver has had his license, class D instruction permit, 40 restricted school attendance driving permit, privileges or right to drive sus- 41 pended for the duration of the suspension, nor to any person who has had his 42 class D driver's training instruction permit or class D supervised instruction 43 permit canceled for the duration of the cancellation, nor to any person whose 2 1 license has been revoked, suspended, canceled or disqualified by this state or 2 any other jurisdiction; provided however, where a driver's license has been 3 revoked, suspended, canceled or disqualified in any other jurisdiction, and 4 the driver has completed the period of revocation, suspension, cancellation or 5 disqualification as specified by the jurisdiction, that person may be granted 6 a class D driver's license in this state if five (5) years have elapsed from 7 the time of eligibility for reinstatement in the other jurisdiction, even 8 though the driver has not fulfilled the requirements for reinstatement in the 9 other jurisdiction. 10 (6)Is an habitual drunkard, or is addicted to the use of narcotic drugs.11(7)Has previously been adjudged to be afflicted with or suffering from 12 any mental disability or disease and who has not at the time of application 13 been restored to competency by the methods provided by law. 14 (87) Is required by the provisions of this chapter to take an examina- 15 tion, unless that person shall have successfully passed such examination. 16 (98) May be required under any law of this state to furnish proof of 17 financial responsibility and who has not furnished that proof. 18 (109) The department has good cause to believe that the operation of a 19 motor vehicle on the highways by that person would be harmful to public safety 20 or welfare. 21 (110) Is disqualified for a class A, B or C license, except he may be 22 issued a class D driver's license. 23 (121) Is under eighteen (18) years of age and is not enrolled in school, 24 has not received a waiver pursuant to or has not satisfactorily completed 25 school as provided in section 49-303A, Idaho Code. 26 (132) Is not a resident of the state of Idaho.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007Moved by Davis Seconded by Darrington IN THE SENATE SENATE AMENDMENT TO H.B. NO. 54 1 AMENDMENTS TO SECTION 1 2 On page 2 of the printed bill, delete lines 10 through 13 and insert: 3 "(6)IsHas been adjudged by a court of competent jurisdiction to be an 4 habitual drunkard,orisaddicted to the use of narcotic drugs, and such order 5 has been received by the department. 6 (7) Haspreviouslybeen adjudged by a licensed physician or by a court of 7 competent jurisdiction to be afflicted with or suffering from any mentaldis-8ability or diseaseincompetence that would affect the person's ability to 9 safely operate a motor vehicle and who has not at the time of application been 10 restored to competency by the methods provided by law, and such order has been 11 received by the department."; in line 14, delete "(87)" and insert: "(8)"; in 12 line 16, delete "(98)" and insert: "(9)"; in line 18, delete "(109)" and 13 insert: "(10)"; in line 21, delete "(110)" and insert: "(11)"; in line 23, 14 delete "(121)" and insert: "(12)" and in line 26, delete "(132)" and insert: 15 "(13)". 16 CORRECTION TO TITLE 17 On page 1, delete lines 3 through 5 and insert: "SECTION 49-303, IDAHO 18 CODE, TO REVISE AND CLARIFY THE RESTRICTIONS ON ISSUING A LICENSE, PERMIT OR 19 PRIVILEGE TO DRIVE TO HABITUAL DRUNKARDS AND PERSONS ADDICTED TO THE USE OF 20 NARCOTIC DRUGS, AND PERSONS AFFLICTED WITH OR SUFFERING FROM MENTAL DISABILITY 21 OR DISEASE.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 54, As Amended in the Senate BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO LICENSES ISSUED BY THE IDAHO TRANSPORTATION DEPARTMENT; AMENDING 3 SECTION 49-303, IDAHO CODE, TO REVISE AND CLARIFY THE RESTRICTIONS ON 4 ISSUING A LICENSE, PERMIT OR PRIVILEGE TO DRIVE TO HABITUAL DRUNKARDS AND 5 PERSONS ADDICTED TO THE USE OF NARCOTIC DRUGS, AND PERSONS AFFLICTED WITH 6 OR SUFFERING FROM MENTAL DISABILITY OR DISEASE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 49-303, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 49-303. WHAT PERSONS SHALL NOT BE LICENSED. The department shall not 11 issue any driver's license, any instruction permit, privileges or right to 12 drive and if issued, may revoke or cancel the driver's license of a person 13 who: 14 (1) As an operator of a vehicle requiring a class D driver's license, is 15 under the age of seventeen (17) years, except that the department may issue a 16 driver's license to any person who has successfully completed an approved 17 driver training course, has completed the requirements of a class D supervised 18 instruction permit, and who is at least fifteen (15) years of age, with driv- 19 ing privileges restricted to daylight hours only except as provided in section 20 49-307(7), Idaho Code, and with full privileges at sixteen (16) years of age. 21 The restriction of daylight hours only shall mean that period of time one-half 22 (1/2) hour before sunrise to one-half (1/2) hour after sunset. If a person who 23 is at least fifteen (15) years but is under seventeen (17) years of age has 24 successfully completed an approved driver's training course and has been 25 issued a driver's license in another state, he may be issued a class D dri- 26 ver's license in this state. Provided however, that a restricted school atten- 27 dance driving permit may be issued to those persons meeting the criteria set 28 forth in section 49-307A, Idaho Code. 29 (2) As an operator of a vehicle requiring a class D driver's license, is 30 under the age of seventeen (17) years and has not successfully completed an 31 approved driver training course and has not satisfied the requirements of a 32 class D supervised instruction permit. Provided however, that a restricted 33 school attendance driving permit may be issued to those persons meeting the 34 criteria set forth in section 49-307A, Idaho Code. 35 (3) As an operator of a commercial vehicle requiring a class A, B or C 36 driver's license is under the age of eighteen (18) years. 37 (4) Applicants with less than one (1) year of driving experience, as evi- 38 denced by a previous driver's license shall not be issued a class A, B or C 39 driver's license or a class A, B or C instruction permit. 40 (5) As a driver has had his license, class D instruction permit, 41 restricted school attendance driving permit, privileges or right to drive sus- 42 pended for the duration of the suspension, nor to any person who has had his 43 class D driver's training instruction permit or class D supervised instruction 2 1 permit canceled for the duration of the cancellation, nor to any person whose 2 license has been revoked, suspended, canceled or disqualified by this state or 3 any other jurisdiction; provided however, where a driver's license has been 4 revoked, suspended, canceled or disqualified in any other jurisdiction, and 5 the driver has completed the period of revocation, suspension, cancellation or 6 disqualification as specified by the jurisdiction, that person may be granted 7 a class D driver's license in this state if five (5) years have elapsed from 8 the time of eligibility for reinstatement in the other jurisdiction, even 9 though the driver has not fulfilled the requirements for reinstatement in the 10 other jurisdiction. 11 (6)IsHas been adjudged by a court of competent jurisdiction to be an 12 habitual drunkard,orisaddicted to the use of narcotic drugs, and such order 13 has been received by the department. 14 (7) Haspreviouslybeen adjudged by a licensed physician or by a court of 15 competent jurisdiction to be afflicted with or suffering from any mentaldis-16ability or diseaseincompetence that would affect the person's ability to 17 safely operate a motor vehicle and who has not at the time of application been 18 restored to competency by the methods provided by law, and such order has been 19 received by the department. 20 (8) Is required by the provisions of this chapter to take an examination, 21 unless that person shall have successfully passed such examination. 22 (9) May be required under any law of this state to furnish proof of 23 financial responsibility and who has not furnished that proof. 24 (10) The department has good cause to believe that the operation of a 25 motor vehicle on the highways by that person would be harmful to public safety 26 or welfare. 27 (11) Is disqualified for a class A, B or C license, except he may be 28 issued a class D driver's license. 29 (12) Is under eighteen (18) years of age and is not enrolled in school, 30 has not received a waiver pursuant to or has not satisfactorily completed 31 school as provided in section 49-303A, Idaho Code. 32 (13) Is not a resident of the state of Idaho.
STATEMENT OF PURPOSE RS 16532 This legislation will delete from a list of persons “that shall not be licensed”, a person who is a “habitual drunkard” or “addicted to the use of narcotic drugs”. These terms are undefined in statute. If left unchanged, the statute creates a concern about Department liability for acts of such persons. The Department has no way of identifying these persons. FISCAL NOTE This legislation will minimize the possibility of potential tort claims being brought against the department for not enforcing a statute that is vague and unclear. CONTACT Name: Hal Putnam Agency: Idaho Transportation Department Phone: 334-4465 STATEMENT OF PURPOSE/FISCAL NOTE H 54