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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 - 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.
]]]] 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.".
]]]] 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
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