Print Friendly HOUSE BILL NO. 356
– Driver license, duplicate, when
HOUSE BILL NO. 356
View Bill Status
View Bill Text
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.
H0356.........................................by TRANSPORTATION AND DEFENSE
DRIVER'S LICENSE - Amends existing law to revise provisions relating to
motorcycle endorsements on driver's licenses; to delete provisions relating
to the retention and return of surrendered driver's licenses by the Idaho
Transportation Department; to provide for applications for duplicate
driver's licenses; and to authorize the Idaho Transportation Department to
collect certain fees for reinstatement of driver's licenses after
revocation or disqualification.
01/16 House intro - 1st rdg - to printing
01/17 Rpt prt - to Transp
01/25 Rpt out - rec d/p - to 2nd rdg
01/28 2nd rdg - to 3rd rdg
01/30 3rd rdg - PASSED - 68-1-1
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27),
Wood(35), Mr. Speaker
NAYS -- Harwood
Absent and excused -- Black
Floor Sponsor - Smith(24)
Title apvd - to Senate
01/31 Senate intro - 1st rdg - to Transp
02/06 Rpt out - rec d/p - to 2nd rdg
02/07 2nd rdg - to 3rd rdg
02/12 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Gannon
Floor Sponsor - Hammond
Title apvd - to House
02/13 To enrol
02/14 Rpt enrol - Sp signed
02/15 Pres signed
02/18 To Governor
02/19 Governor signed
Session Law Chapter 18
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 356
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO TRANSPORTATION; AMENDING SECTION 49-102, IDAHO CODE, TO REVISE A
3 DEFINITION; AMENDING SECTION 49-304, IDAHO CODE, TO REVISE PROVISIONS
4 RELATING TO MOTORCYCLE ENDORSEMENTS; AMENDING SECTION 49-327, IDAHO CODE,
5 TO DELETE PROVISIONS RELATING TO THE RETENTION AND RETURN OF SURRENDERED
6 DRIVER'S LICENSES BY THE IDAHO TRANSPORTATION DEPARTMENT, TO PROVIDE FOR
7 APPLICATIONS FOR DUPLICATE DRIVER'S LICENSES AND TO MAKE A TECHNICAL COR-
8 RECTION; AMENDING SECTION 49-328, IDAHO CODE, TO AUTHORIZE THE IDAHO
9 TRANSPORTATION DEPARTMENT TO COLLECT CERTAIN FEES FOR REINSTATEMENT OF
10 DRIVER'S LICENSES AFTER REVOCATION OR DISQUALIFICATION; AND AMENDING SEC-
11 TION 49-1222, IDAHO CODE, TO PROVIDE FOR APPLICATIONS FOR DUPLICATE DRI-
12 VER'S LICENSES.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 49-102, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 49-102. DEFINITIONS -- A. (1) "Abandon" means to leave a vehicle on pri-
17 vate property without the permission of the person having rights to the pos-
18 session of the property, or on a highway or other property open to the public
19 for the purposes of vehicular traffic or parking, or upon or within the right-
20 of-way of any highway, for twenty-four (24) hours or longer.
21 (2) "Abandoned vehicle" means any vehicle observed by an authorized offi-
22 cer or reported by a member of the public to have been left within the limits
23 of any highway or upon the property of another without the consent of the
24 property owner for a period of twenty-four (24) hours or longer, except that a
25 vehicle shall not be considered abandoned if its owner-operator is unable to
26 remove it from the place where it is located and has notified a law enforce-
27 ment agency and requested assistance.
28 (3) "Accident" means any event that results in an unintended injury or
29 property damage attributable directly or indirectly to the motion of a motor
30 vehicle or its load, a snowmobile or special mobile equipment.
31 (4) "Actual physical control" means being in the driver's position of a
32 motor vehicle with the motor running or the vehicle moving.
33 (5) "Administrator" means the federal highway administrator, the chief
34 executive of the federal highway administration, an agency within the U.S.
35 department of transportation.
36 (6) "Age of a motor vehicle" means the age determined by subtracting the
37 manufacturer's year designation of the vehicle from the year in which the des-
38 ignated registration fee is paid. If the vehicle has the same manufacturer's
39 year designation as the year in which the fee is paid, or if a vehicle has a
40 manufacturer's year designation later than the year in which the fee is paid,
41 the vehicle shall be deemed to be one (1) year old.
42 (7) "Air-conditioning equipment" means mechanical vapor compression
43 refrigeration equipment which is used to cool the driver's or passenger com-
1 partment of any motor vehicle.
2 (8) "Alcohol or alcoholic beverage" means:
3 (a) Beer as defined in 26 U.S.C. section 5052(a), of the Internal Revenue
5 (b) Wine of not less than one-half of one percent (.005%) of alcohol by
6 volume; or
7 (c) Distilled spirits as defined in section 5002(a)(8), of the Internal
8 Revenue Code.
9 (9) "Alley" means a public way of limited use intended only to provide
10 access to the rear or side of lots or buildings in urban districts.
11 (10) "All-terrain vehicle" or "ATV" means any recreation vehicle with
12 three (3) or more tires, weighing under eight hundred fifty (850) pounds, for-
13 ty-eight (48) inches or less in width, having a wheelbase of sixty-one (61)
14 inches or less, traveling on low-pressure tires of ten (10) psi or less. Such
15 vehicles shall be registered under the provisions of section 49-402, Idaho
16 Code, for operation on public highways, unless exempted under the provisions
17 of section 49-426, Idaho Code.
18 (11) "Amateur radio operator." (See "Radio operator, amateur," section
19 49-119, Idaho Code)
20 (12) "Ambulance" means a motor vehicle designed and used primarily for the
21 transportation of injured, sick, or deceased persons, on stretchers, cots,
22 beds, or other devices for carrying persons in a prone position.
23 (13) "Applicant" means an individual who applies to obtain, transfer,
24 upgrade, or renew a driver's license.
25 (14) "Approved driver training course" means a training course from a
26 school licensed under the provisions of chapter 21 of this title or a driver
27 training course approved by another United States jurisdiction provided the
28 course was taken while an individual was a resident of that United States
30 (15) "Approved testing agency" means a person, firm, association, partner-
31 ship or corporation approved by the director of the Idaho state police which
33 (a) In the business of testing equipment and systems;
34 (b) Recognized by the director as being qualified and equipped to do
35 experimental testing; and
36 (c) Not under the jurisdiction or control of any single manufacturer or
37 supplier for an affected industry.
38 (16) "Armed forces" means the army, navy, marine corps, coast guard and
39 the air force of the United States.
40 (17) "Authorized emergency vehicle." (See "Vehicle," section 49-123, Idaho
42 (18) "Authorized officer" means any member of the Idaho state police, or
43 any regularly employed and salaried deputy sheriff, or other county employee
44 designated to perform the function of removing abandoned vehicles or junk
45 vehicles by the board of county commissioners of the county in which a vehicle
46 is located, or any regularly employed and salaried city peace officer or other
47 city employee designated to perform the function of removing abandoned vehi-
48 cles or junk vehicles by the city council, or a qualified person deputized or
49 appointed by the proper authority as reserve deputy sheriff or city policeman,
50 authorized within the jurisdiction in which the abandoned vehicle or junk
51 vehicle is located.
52 (19) "Authorized transportation department employee" means any employee
53 appointed by the board to perform duties relating to enforcement of vehicle
54 laws as have been specifically defined and approved by order of the board (see
55 section 40-510, Idaho Code).
1 (20) "Auto transporter" means a vehicle combination constructed for the
2 purpose of transporting vehicles.
3 SECTION 2. That Section 49-304, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 49-304. MOTORCYCLE ENDORSEMENT. The department shall issue a motorcycle
6 "M" endorsement on a driver's license to applicants who complete the require-
7 ments to operate a motorcycle.
8 (1) Any No person who holds a valid Idaho driver's license on September
9 1, 1994, may operate a motorcycle upon a highway without a motorcycle "M"
10 endorsement until that driver's license expires or September 1, 1998, which-
11 ever occurs first on a valid driver's license.
12 (2) Any person who applies for a driver's license or renewal of a license
13 after September 1, 1994, may also apply for a motorcycle "M" endorsement.
14 Until September 1, 1998, tThe requirements for obtaining a motorcycle "M"
15 endorsement are:
16 (a) The applicant shall be tested by written examination for his knowl-
17 edge of safe motorcycle operating practices and traffic laws specific to
18 the operation of motorcycles upon payment of the fee specified in section
19 49-306, Idaho Code.
20 (b) Upon successful completion of the knowledge test and upon payment of
21 the fee required for an "M" endorsement, the applicant shall obtain a
22 motorcycle "M" endorsement on his driver's license.
23 (3) No person under the age of twenty-one (21) years may apply for or
24 obtain a motorcycle "M" endorsement on his driver's license unless he has suc-
25 cessfully completed a motorcycle rider training course approved under the pro-
26 visions of chapter 49, title 33, Idaho Code, in addition to satisfying the
27 requirements specified in subsection (2) of this section. The provisions of
28 this subsection shall not be effective unless and until the motorcycle rider
29 training course is fully implemented by the department of education.
30 (4) Any person who applies for a motorcycle endorsement on a driver's
31 license, after September 1, 1998, in addition to the requirements specified in
32 subsection (2) of this section, may also be required to pass the motorcycle
33 "M" skills test before he can obtain the motorcycle "M" endorsement.
34 (5) The operation of a motorcycle upon a highway by any person who has
35 failed to obtain a motorcycle "M" endorsement as provided in this section
36 shall constitute an infraction.
37 SECTION 3. That Section 49-327, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 49-327. SURRENDER AND RETURN OF DRIVER'S LICENSE -- APPLICATION FOR
40 DUPLICATE. (1) Upon suspending, cancelling canceling or revoking a driver's
41 license, the department shall require that the driver's license be surrendered
42 to and be retained by the department. At the end of the period of suspension,
43 revocation or cancellation the driver may apply for a duplicate driver's
44 license, so surrendered shall be returned to the licensee if applicable pro-
45 vided that the driver is eligible and has fulfilled all reinstatement require-
47 (2) If any person shall fail to return to the department the Idaho dri-
48 ver's license as required, the department may direct any peace officer to
49 secure its possession and return the driver's license to the department.
50 SECTION 4. That Section 49-328, Idaho Code, be, and the same is hereby
1 amended to read as follows:
2 49-328. REINSTATEMENT OF REVOKED, DISQUALIFIED OR SUSPENDED DRIVER'S
3 LICENSE -- FEE -- WHEN REINSTATEMENT PROHIBITED. (1) When the period of revo-
4 cation, disqualification or suspension of a driver's license has expired, or
5 the reason for the revocation, disqualification or suspension no longer
6 exists, the department shall reinstate the driver's license or driving privi-
7 leges on application of the driver.
8 (2) The application shall be in the form prescribed by the department and
9 accompanied by a reinstatement fee of fifteen dollars ($15.00) which shall be
10 deposited in the state highway account.
11 (3) A driver's license which has been suspended under section 49-1505,
12 Idaho Code, for failure to pay an infraction penalty shall not be reinstated
13 until the licensee provides proof that the infraction penalty has been paid to
14 the court.
15 (4) In addition to any other fees required in this section to be col-
16 lected, the department shall collect fifty dollars ($50.00) for reinstating a
17 driver's license after conviction for driving under the influence, without
18 privileges, and after conviction or other violation of any other traffic
19 related misdemeanor or infraction, of which fees forty dollars ($40.00) shall
20 be paid over to the county treasurer of the county in which the conviction
21 occurred for support of that county's justice fund, or the current expense
22 fund if no county justice fund has been established and the ten dollars
23 ($10.00) shall be deposited in the state highway account.
24 (5) In addition to any other fees required in this section to be col-
25 lected, the department shall collect one hundred fifteen dollars ($115) for
26 reinstating a driver's license after a suspension imposed under the provisions
27 of section 18-8002 or section 18-8002A, Idaho Code, or after a revocation,
28 disqualification or suspension arising out of any alcohol or drug related
29 offense, other than a suspension imposed upon a person under eighteen (18)
30 years of age pursuant to section 18-1502(d), Idaho Code. Funds collected pur-
31 suant to this subsection shall be deposited in the state highway account. The
32 department shall reevaluate the amount of the reinstatement fee herein imposed
33 not later than February, 2000, to determine the sufficiency of the fee to meet
34 the costs associated with the implementation of section 18-8002A, Idaho Code.
35 (6) When there is more than one (1) reason why a driver's license was
36 revoked or suspended or why a driver was disqualified, the department shall
37 not collect multiple fees for reinstatement, but shall only collect one (1)
38 reinstatement fee, which shall be the greater reinstatement fee, provided how-
39 ever, the department shall collect a reinstatement fee for each revocation,
40 disqualification or suspension under chapter 80, title 18, Idaho Code.
41 SECTION 5. That Section 49-1222, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 49-1222. SURRENDER OF IDAHO DRIVER'S LICENSE. Any person whose Idaho dri-
44 ver's license shall have been suspended, canceled or revoked as provided in
45 this chapter, or whose policy of insurance or bond, when required under this
46 chapter, shall have been canceled or terminated, or who shall neglect to fur-
47 nish other proof upon request of the department, shall immediately return his
48 driver's license to the department. If any person shall fail to return to the
49 department the driver's license as required, the department may direct any
50 peace officer to secure its possession and return the driver's license to the
51 department. At the end of the period of suspension, cancellation or revoca-
52 tion, the driver may apply for a duplicate driver's license, provided that the
1 driver is eligible and has fulfilled all reinstatement requirements.
STATEMENT OF PURPOSE
The purpose of this legislation is to:
* Expand driver license reciprocity for individuals under
age 17 who have completed driver education in another
jurisdiction prior to moving to Idaho.
* Improve efficiency by allowing destruction of licenses
that have been surrendered to the department.
* Clean-up outdated language pertaining to phase in dates
for motorcycle endorsement requirements. These dates
have long since passed.
* Add reference to reinstatement requirements for Title-18
based revocations and disqualifications.
Estimated annual postage savings of $2,500 to the department on
licenses that will not be returned to individuals.
Name: Ed Pemble
Agency: Idaho Transportation Department
STATEMENT OF PURPOSE/FISCAL NOTE H 356