2007 Legislation
Print Friendly

HOUSE BILL NO. 54 – Driver license, issuance, restrictn

HOUSE BILL NO. 54

View Bill Status

View Bill Text

View Amendment

View Engrossed Bill (Original Bill with Amendment(s) Incorporated)

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN 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.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                                     Moved 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)  Is Has been adjudged by a court of competent jurisdiction to  be  an
  4    habitual drunkard, or is addicted to the use of narcotic drugs, and such order
  5    has been received by the department.
  6        (7)  Has previously been adjudged by a licensed physician or by a court of
  7    competent  jurisdiction to be afflicted with or suffering from any mental dis-
  8    ability or disease incompetence 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.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN 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)  Is  Has  been  adjudged by a court of competent jurisdiction to be an
 12    habitual drunkard, or is addicted to the use of narcotic drugs, and such order
 13    has been received by the department.
 14        (7)  Has previously been adjudged by a licensed physician or by a court of
 15    competent jurisdiction to be afflicted with or suffering from any mental  dis-
 16    ability  or  disease  incompetence  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 / Fiscal Impact


                     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