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H0366.........................................by TRANSPORTATION AND DEFENSE
DRIVER'S LICENSE - LEGAL RESIDENT - Amends existing law to prohibit the
issuance of a driver's license, instruction permit, privilege or right to
drive to persons not lawfully present in the United States; to require
verification of the social security number by the Social Security
Administration for an applicant for a driver's license, instruction permit,
restricted school attendance driving permit and identification card; and to
provide for the expiration dates and fees of a driver's license and
identification card issued to a person who is not a citizen or permanent
legal resident of the United States.
01/17 House intro - 1st rdg - to printing
01/18 Rpt prt - to Transp
01/29 Rpt out - rec d/p - to 2nd rdg
01/30 2nd rdg - to 3rd rdg
02/04 3rd rdg - PASSED - 47-21-2
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bolz, Bowers, Brackett, Bradford, Collins, Crane, Hagedorn,
Hart, Harwood, Henderson, Kren, Labrador, Lake, Loertscher, Luker,
Marriott, Mathews, Mortimer, Moyle, Nielsen, Nonini, Raybould,
Roberts, Schaefer, Shepherd(02), Shepherd(08), Shirley, Smith(24),
Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills,
Wood(27), Wood(35), Mr. Speaker
NAYS -- Bock, Boe, Chavez, Chew, Clark, Durst, Henbest, Jaquet,
Killen, King, LeFavour, McGeachin, Pasley-Stuart, Patrick, Pence,
Ringo, Ruchti, Rusche, Sayler, Shively, Smith(30)
Absent and excused -- Chadderdon, Eskridge
Floor Sponsor - Smith(24)
Title apvd - to Senate
02/05 Senate intro - 1st rdg - to Transp
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/27 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 - McGee
Title apvd - to House
02/28 To enrol
02/29 Rpt enrol - Sp signed
03/03 Pres signed
03/04 To Governor
03/05 Governor signed
Session Law Chapter 63
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 366 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO TRANSPORTATION; AMENDING SECTION 49-303, IDAHO CODE, TO PROHIBIT 3 THE ISSUANCE OF DRIVER'S LICENSES, INSTRUCTION PERMITS, PRIVILEGES OR 4 RIGHTS TO DRIVE TO PERSONS NOT LAWFULLY PRESENT IN THE UNITED STATES; 5 AMENDING SECTION 49-306, IDAHO CODE, TO REQUIRE VERIFICATION OF SOCIAL 6 SECURITY NUMBERS BY THE SOCIAL SECURITY ADMINISTRATION FOR APPLICANTS FOR 7 DRIVER'S LICENSES, INSTRUCTION PERMITS AND RESTRICTED SCHOOL ATTENDANCE 8 DRIVING PERMITS; AMENDING SECTION 49-319, IDAHO CODE, TO PROVIDE FOR THE 9 EXPIRATION DATES AND FEES FOR DRIVER'S LICENSES ISSUED TO PERSONS WHO ARE 10 NOT CITIZENS OR PERMANENT LEGAL RESIDENTS OF THE UNITED STATES AND TO PRO- 11 VIDE REFERENCE TO SPECIFIED EXPIRATION DATE PROVISIONS; AMENDING SECTION 12 49-2443, IDAHO CODE, TO REQUIRE VERIFICATION OF SOCIAL SECURITY NUMBERS BY 13 THE SOCIAL SECURITY ADMINISTRATION FOR APPLICANTS FOR IDENTIFICATION 14 CARDS; AND AMENDING SECTION 49-2444, IDAHO CODE, TO PROVIDE REFERENCE TO 15 SPECIFIC EXPIRATION DATE PROVISIONS AND TO PROVIDE FOR THE EXPIRATION 16 DATES OF IDENTIFICATION CARDS ISSUED TO PERSONS WHO ARE NOT CITIZENS OR 17 PERMANENT LEGAL RESIDENTS OF THE UNITED STATES. 18 Be It Enacted by the Legislature of the State of Idaho: 19 SECTION 1. That Section 49-303, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 49-303. WHAT PERSONS SHALL NOT BE LICENSED. The department shall not 22 issue any driver's license, any instruction permit, privileges or right to 23 drive and if issued, may revoke or cancel the driver's license of a person 24 who: 25 (1) As an operator of a vehicle requiring a class D driver's license, is 26 under the age of seventeen (17) years, except that the department may issue a 27 driver's license to any person who has successfully completed an approved 28 driver training course, has completed the requirements of a class D supervised 29 instruction permit, and who is at least fifteen (15) years of age, with driv- 30 ing privileges restricted to daylight hours only except as provided in section 31 49-307(7), Idaho Code, and with full privileges at sixteen (16) years of age. 32 The restriction of daylight hours only shall mean that period of time one-half 33 (1/2) hour before sunrise to one-half (1/2) hour after sunset. If a person who 34 is at least fifteen (15) years but is under seventeen (17) years of age has 35 successfully completed an approved driver's training course and has been 36 issued a driver's license in another state, he may be issued a class D dri- 37 ver's license in this state. Provided however, that a restricted school atten- 38 dance driving permit may be issued to those persons meeting the criteria set 39 forth in section 49-307A, Idaho Code. 40 (2) As an operator of a vehicle requiring a class D driver's license, is 41 under the age of seventeen (17) years and has not successfully completed an 42 approved driver training course and has not satisfied the requirements of a 43 class D supervised instruction permit. Provided however, that a restricted 2 1 school attendance driving permit may be issued to those persons meeting the 2 criteria set forth in section 49-307A, Idaho Code. 3 (3) As an operator of a commercial vehicle requiring a class A, B or C 4 driver's license is under the age of eighteen (18) years. 5 (4) Applicants with less than one (1) year of driving experience, as evi- 6 denced by a previous driver's license shall not be issued a class A, B or C 7 driver's license or a class A, B or C instruction permit. 8 (5) As a driver has had his license, class D instruction permit, 9 restricted school attendance driving permit, privileges or right to drive sus- 10 pended for the duration of the suspension, nor to any person who has had his 11 class D driver's training instruction permit or class D supervised instruction 12 permit canceled for the duration of the cancellation, nor to any person whose 13 license has been revoked, suspended, canceled or disqualified by this state or 14 any other jurisdiction; provided however, where a driver's license has been 15 revoked, suspended, canceled or disqualified in any other jurisdiction, and 16 the driver has completed the period of revocation, suspension, cancellation or 17 disqualification as specified by the jurisdiction, that person may be granted 18 a class D driver's license in this state if five (5) years have elapsed from 19 the time of eligibility for reinstatement in the other jurisdiction, even 20 though the driver has not fulfilled the requirements for reinstatement in the 21 other jurisdiction. 22 (6) Has been adjudged by a court of competent jurisdiction to be an 23 habitual drunkard or addicted to the use of narcotic drugs, and such order has 24 been received by the department. 25 (7) Has been adjudged by a licensed physician or by a court of competent 26 jurisdiction to be afflicted with or suffering from any mental incompetence 27 that would affect the person's ability to safely operate a motor vehicle and 28 who has not at the time of application been restored to competency by the 29 methods provided by law, and such order has been received by the department. 30 (8) Is required by the provisions of this chapter to take an examination, 31 unless that person shall have successfully passed such examination. 32 (9) May be required under any law of this state to furnish proof of 33 financial responsibility and who has not furnished that proof. 34 (10) The department has good cause to believe that the operation of a 35 motor vehicle on the highways by that person would be harmful to public safety 36 or welfare. 37 (11) Is disqualified for a class A, B or C license, except he may be 38 issued a class D driver's license. 39 (12) Is under eighteen (18) years of age and is not enrolled in school, 40 has not received a waiver pursuant to or has not satisfactorily completed 41 school as provided in section 49-303A, Idaho Code. 42 (13) Is not a resident of the state of Idaho. 43 (14) Is not lawfully present in the United States. 44 SECTION 2. That Section 49-306, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 49-306. APPLICATION FOR DRIVER'S LICENSE, INSTRUCTION PERMIT, OR 47 RESTRICTED SCHOOL ATTENDANCE DRIVING PERMIT. (1) Every application for any 48 instruction permit, restricted school attendance driving permit, or for a dri- 49 ver's license shall be made upon a form furnished by the department and shall 50 be verified by the applicant before a person authorized to administer oaths. 51 Officers and employees of the department and sheriffs and their deputies are 52 authorized to administer the oaths without charge. Every application for a 53 permit, extension or driver's license shall be accompanied by the following 3 1 fee, none of which is refundable: 2 (a) Class A, B, C (4-year) license with endorsements - age 21 years and 3 older ............................................................. $28.50 4 (b) Class A, B, C (3-year) license with endorsements - age 18 to 21 years 5 ................................................................... $20.50 6 (c) Class A, B, C (1-year) license with endorsements - age 20 years 7 ................................................................... $12.25 8 (d) Class D (3-year) license - under age 18 years ................ $20.50 9 (e) Class D (3-year) license - age 18 to 21 years ................ $20.50 10 (f) Class D (1-year) license - age 17 years or age 20 years ...... $12.25 11 (g) Four-year Class D license - age 21 years and older ........... $24.50 12 (h) Eight-year Class D license - age 21 to 63 years .............. $45.00 13 (i) Class A, B, C instruction permit ............................. $19.50 14 (j) Class D instruction permit or supervised instruction permit .. $11.50 15 (k) Duplicate driver's license or permit issued under section 49-318, 16 Idaho Code ........................................................ $11.50 17 (l) Driver's license extension issued under section 49-319, Idaho Code 18 ................................................................... $ 6.50 19 (m) License classification change (upgrade) ...................... $15.50 20 (n) Endorsement addition ......................................... $11.50 21 (o) Class A, B, C skills tests ..................... not more than $55.00 22 (p) Class D skills test .......................................... $15.00 23 (q) Motorcycle endorsement skills test ........................... $ 5.00 24 (r) Knowledge test ............................................... $ 3.00 25 (s) Seasonal driver's license .................................... $27.50 26 (t) One time motorcycle "M" endorsement .......................... $11.50 27 (u) Motorcycle endorsement instruction permit .................... $11.50 28 (v) Restricted driving permit or restricted school attendance driving 29 permit ............................................................ $35.00 30 (2) Every application shall state the true and full name, date of birth, 31 sex, declaration of Idaho residency, Idaho residence address and mailing 32 address, if different, of the applicant, height, weight, hair color, and eye 33 color, and the applicant's social security number as verified by the 34applicant's social security card or by thesocial security administration. 35 (a) The requirement that an applicant provide a social security number as 36 verified byhis social security card or bythe social security administra- 37 tion shall apply only to applicants who have been assigned a social secu- 38 rity number. 39 (b) An applicant who has not been assigned a social security number 40 shall: 41 (i) Present written verification from the social security adminis- 42 tration that the applicant has not been assigned a social security 43 number; and 44 (ii) Submit a birth certificate, passport or other documentary evi- 45 dence issued by an entity other than a state or the United States; 46 and 47 (iii) Submit such proof as the department may require that the appli- 48 cant is lawfully present in the United States. 49 A driver's license or any instruction permit issued on and after January 50 1, 1993, shall not contain an applicant's social security number. Applica- 51 tions on file shall be exempt from disclosure except as provided in sec- 52 tions 49-202, 49-203, 49-203A and 49-204, Idaho Code. 53 Every application for a class A, B or C license shall state where the 54 applicant has been licensed for the preceding ten (10) years and all 55 applications shall also state whether the applicant has previously been 4 1 licensed as a driver, and if so, when and by what state or country, and 2 whether a driver's license or privileges have ever been suspended, 3 revoked, denied, disqualified, canceled or whether an application has ever 4 been refused, and if so, the date of and reason for the suspension, revo- 5 cation, denial, disqualification, cancellation or refusal and the 6 applicant's oath that all information is correct as signified by the 7 applicant's signature. 8 The applicant may be required to submit proof of identity acceptable 9 to the examiner or the department and date of birth as set forth in a cer- 10 tified copy of his birth certificate when obtainable, or another document 11 which provides satisfactory evidence of a person's date of birth accept- 12 able to the examiner or the department. 13 (c) Individuals required to register in compliance with section 3 of the 14 federal military selective service act, 50 U.S.C. App. 451 et seq., as 15 amended, shall be provided an opportunity to fulfill such registration 16 requirements in conjunction with an application for a driver's license or 17 instruction permit. Any registration information so supplied shall be 18 transmitted by the department to the selective service system. 19 (3) Whenever an application is received from a person previously licensed 20 in another jurisdiction, the department shall request a copy of the driver's 21 record from the other jurisdiction and shall contact the national driver reg- 22 ister. When received, the driver's record from the previous jurisdiction shall 23 become a part of the driver's record in this state with the same force and 24 effect as though entered on the driver's record in this state in the original 25 instance. 26 (4) Whenever the department receives a request for a driver's record from 27 another licensing jurisdiction, the record shall be forwarded without charge. 28 (5) The department shall contact and notify the commercial driver license 29 information system of the proposed application for a class A, B or C driver's 30 license to ensure identification of the person and to obtain clearance to 31 issue the license. 32 (6) When the fees required under this section are collected by a county 33 officer, they shall be paid over to the county treasurer not less often than 34 monthly, who shall immediately: 35 (a) Deposit an amount equal to five dollars ($5.00) from each driver's 36 license except an eight-year class D license, or any class D instruction 37 permit application fees, application for a duplicate driver's license or 38 permit, classification change, seasonal driver's license and additional 39 endorsement, and ten dollars ($10.00) from each eight-year class D dri- 40 ver's license, in the current expense fund; and 41 (b) Deposit two dollars and fifty cents ($2.50) from each motorcycle 42 endorsement and motorcycle endorsement instruction permit fee in the cur- 43 rent expense fund; and 44 (c) Deposit an amount equal to three dollars ($3.00) from each fee for a 45 knowledge test in the current expense fund; and 46 (d) Deposit an amount equal to five dollars ($5.00) from each fee for a 47 motorcycle endorsement skills test in the current expense fund; provided 48 however, if a contractor administers the skills test he shall be entitled 49 to the five dollar ($5.00) fee; and 50 (e) Remit the remainder to the state treasurer; and 51 (f) Deposit eleven dollars and fifty cents ($11.50) from each fee for a 52 class D skills test into the county current expense fund, unless the test 53 is administered by a department-approved contractor, in which case the 54 contractor shall be entitled to eleven dollars and fifty cents ($11.50) of 55 each fee. 5 1 (7) When the fees required under this section are collected by a state 2 officer or agency, they shall be paid over to the state treasurer. 3 (8) The state treasurer shall distribute the moneys received from fees 4 imposed by the provisions of this section, whether collected by a county offi- 5 cer or by a state officer or agency as follows: 6 (a) Two dollars ($2.00) of each fee for a four-year driver's license or 7 seasonal driver's license, and four dollars ($4.00) of each fee for an 8 eight-year class D driver's license, and one dollar and fifty cents 9 ($1.50) of each fee charged for driver's licenses pursuant to subsections 10 (1)(b), (d) and (e) of this section, and fifty cents (50¢) of each fee 11 charged for driver's licenses pursuant to subsections (1)(c) and (f) of 12 this section, shall be deposited in the emergency medical services fund II 13 created in section 56-1018A, Idaho Code, and four dollars ($4.00) of each 14 fee charged pursuant to subsections (1)(a), (g) and (s) of this section 15 and eight dollars ($8.00) of each fee charged pursuant to subsection 16 (1)(h) of this section and three dollars ($3.00) of each fee for driver's 17 licenses pursuant to subsections (1)(b), (d) and (e) of this section, and 18 one dollar ($1.00) of each fee charged for driver's licenses pursuant to 19 subsections (1)(c) and (f) of this section shall be deposited in the emer- 20 gency medical services fund III created in section 56-1018B, Idaho Code; 21 and 22 (b) Sixteen dollars and fifty cents ($16.50) of each fee for a seasonal 23 or class A, B or C driver's license, and ten dollars ($10.00) of each fee 24 charged for a license pursuant to subsection (1)(b) of this section, and 25 five dollars and forty-one cents ($5.41) of each fee charged for a license 26 pursuant to subsection (1)(c) of this section shall be deposited in the 27 state highway fund; and 28 (c) Ten dollars and fifty cents ($10.50) of each fee for a class A, B or 29 C instruction permit or driver's license classification change shall be 30 deposited in the state highway fund; and 31 (d) Four dollars ($4.00) of each fee for a class A, B or C instruction 32 permit shall be deposited in the emergency medical services fund III cre- 33 ated in section 56-1018B, Idaho Code; and 34 (e) Six dollars and fifty cents ($6.50) of each fee for a duplicate sea- 35 sonal or class A, B or C driver's license, class A, B or C driver's 36 license extension, or additional endorsement shall be deposited in the 37 state highway fund; and 38 (f) Four dollars ($4.00) of each fee for a motorcycle endorsement and 39 motorcycle endorsement instruction permit shall be deposited in the state 40 highway fund; and 41 (g) Five dollars and thirty cents ($5.30) of each fee for a four-year 42 class D driver's license, and ten dollars and sixty cents ($10.60) of each 43 fee for an eight-year class D driver's license, and four dollars ($4.00) 44 of each fee charged for a license pursuant to subsections (1)(d) and (e) 45 of this section, and one dollar and thirty-three cents ($1.33) of each fee 46 charged for a license pursuant to subsection (1)(f) of this section shall 47 be deposited in the driver training fund; and 48 (h) Seven dollars and twenty cents ($7.20) of each fee for a four-year 49 class D driver's license, and ten dollars and forty cents ($10.40) of each 50 fee for an eight-year class D driver's license, and six dollars ($6.00) of 51 each fee charged for a license pursuant to subsections (1)(d) and (e) of 52 this section, and four dollars and eight cents ($4.08) of each fee charged 53 for a license pursuant to subsection (1)(f) of this section shall be 54 deposited in the highway distribution fund; and 55 (i) Two dollars and sixty cents ($2.60) of each fee for a class D 6 1 instruction permit, duplicate class D license or permit, and class D 2 license extension shall be deposited in the driver training fund; and 3 (j) Three dollars and ninety cents ($3.90) of each fee for a class D 4 instruction permit, duplicate class D license or permit, and class D 5 license extension shall be deposited in the highway distribution fund; and 6 (k) Five dollars ($5.00) of each fee for a class A, B or C skills test 7 shall be deposited in the state highway fund; and 8 (l) One dollar ($1.00) of each fee for a class A, B, C or four-year D 9 driver's license, and two dollars ($2.00) of each fee for an eight-year 10 class D driver's license, and one dollar ($1.00) of each fee charged for a 11 license pursuant to subsections (1)(b), (d) and (e) of this section, and 12 thirty-four cents (34¢) of each fee charged for a license pursuant to sub- 13 sections (1)(c) and (f) of this section shall be deposited in the motor- 14 cycle safety program fund established in section 33-4904, Idaho Code; and 15 (m) Three dollars and fifty cents ($3.50) of each fee for a class D 16 skills test shall be deposited into the state highway fund. 17 (9) The contractor administering a class A, B or C skills test shall be 18 entitled to not more than fifty dollars ($50.00) of the skills test fee. A 19 contractor administering a class A, B or C skills test may collect an addi- 20 tional fee for the use of the contractor's vehicle for the skills test. 21 (10) Thirty-five dollars ($35.00) of each restricted driving permit and 22 each restricted school attendance driving permit shall be deposited in the 23 state highway fund. 24 (11) The department may issue seasonal class B or C driver's licenses to 25 drivers who are employees of agri-chemical businesses, custom harvesters, farm 26 retail outlets and suppliers, and livestock feeders that: 27 (a) Will only be valid for driving commercial vehicles that normally 28 require class B or C commercial driver's licenses; 29 (b) Will be valid for seasonal periods that begin on the date of issuance 30 and that are not to exceed one hundred eighty (180) days in a twelve (12) 31 month period; 32 (c) May only be obtained twice in a driver's lifetime; 33 (d) Are valid only within a one hundred fifty (150) mile radius of the 34 place of business or farm being serviced; and 35 (e) Will be valid only in conjunction with valid Idaho class D driver's 36 licenses. 37 (12) The department may issue seasonal class B or C driver's licenses to 38 drivers who: 39 (a) Have not violated the single license provisions of applicable federal 40 regulations; 41 (b) Have not had any license suspensions, revocations or cancellations; 42 (c) Have not had any convictions in any vehicle for any offense listed in 43 section 49-335(1) or (2), Idaho Code, or any one (1) serious traffic 44 offense; 45 (d) Have at least one (1) year of driving experience with a class D or 46 equivalent license in any type motor vehicle; and 47 (e) Are at least sixteen (16) years old. 48 SECTION 3. That Section 49-319, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 49-319. EXPIRATION AND RENEWAL OF DRIVER'S LICENSE. (1) Every noncommer- 51 cial Idaho driver's license issued to a driver shall expire and be renewable 52 as follows: 53 (a) Twenty-one (21) years of age or older shall expire on the licensee's 7 1 birthday in the fourth year following the issuance of the driver's 2 license. 3 (b) At the option of the applicant, for drivers twenty-one (21) years of 4 age through sixty-two (62) years of age, the driver's license shall expire 5 either on the licensee's birthday in the fourth year or the eighth year 6 following the issuance of the driver's license. 7 (c) Every driver's license issued to a driver under eighteen (18) years 8 of age shall expire five (5) days after the licensee's eighteenth birth- 9 day. 10 (d) Every driver's license issued to a driver eighteen (18) years of age 11 but under twenty-one (21) years of age shall expire five (5) days after 12 the licensee's twenty-first birthday. 13 (e) Except licenses issued to drivers under twenty-one (21) years of age, 14 every driver's license that is not, as provided by law, suspended, revoked 15 or disqualified in this state or any other jurisdiction shall be renewable 16 on or before its expiration, but not more than twelve (12) months before, 17 upon application, payment of the required fee, and satisfactory completion 18 of the required eyesight examination. 19 (2) Every commercial driver's license issued to a person twenty-one (21) 20 years of age or older shall expire on the licensee's birthday in the fourth 21 year following issuance of the license, and any class A, B or C license issued 22 to a person eighteen (18), nineteen (19) or twenty (20) years of age shall 23 expire five (5) days after the licensee's twenty-first birthday. There shall 24 be no option for an eight-year class A, B or C license. 25 (3) Every driver's license issued to a person who is not a citizen or 26 permanent legal resident of the United States shall have an expiration date 27 that is the same date as the end of lawful stay in the United States as indi- 28 cated on documents issued and verified by the department of homeland security, 29 provided however, that the expiration date shall not extend beyond the expira- 30 tion date for the same category of license issued to citizens. Persons whose 31 department of homeland security documents do not state an expiration date 32 shall be issued a driver's license with an expiration date of one (1) year 33 from the date of issuance. Fees shall be in accordance with the expiration 34 periods and classes listed in section 49-306(1), Idaho Code. 35 (4) An applicant who is issued a driver's license in another jurisdiction 36 after an Idaho driver's license has been issued is not eligible for renewal or 37 a duplicate of the Idaho driver's license. The applicant may apply for a new 38 Idaho driver's license as provided in section 49-306, Idaho Code. 39 (45) No knowledge test shall be required for renewal of a driver's 40 license, except for renewal of a hazardous material endorsement. Appropriate 41 knowledge and skill tests shall be required for an upgrade in a driver's 42 license class or an endorsement addition. In the case of a name change, the 43 applicant shall provide legal documentation to verify the change in accordance 44 with department rules. 45 (56) Applicants for a hazardous material endorsement shall provide either 46 proof of United States citizenship or proof of lawful, permanent United States 47 residence and a valid federal bureau of citizenship and immigration services 48 alien registration number. A security background records check and federal 49 transportation security administration clearance shall be required for issu- 50 ance, renewal or transfer of a hazardous material endorsement in accordance 51 with 49 CFR part 383, subject to procedures established by the federal trans- 52 portation security administration. 53 (67) Except for drivers under twenty-one (21) years of age, when a dri- 54 ver's license has been expired for fewer than twelve (12) months, the renewal 55 of the driver's license shall start from the original date of expiration 8 1 regardless of the year in which the application for renewal is made. If the 2 driver's license is expired for twelve (12) months or more, the applicant 3 shall be required to take the knowledge, skills for the class of license or 4 endorsement being applied for, and vision tests and the application shall 5 expire on the licensee's birthday in the fourth year following issuance of the 6 driver's license for drivers twenty-one (21) years of age or older, except as 7 otherwise provided in subsection (3) of this section. At the option of the 8 applicant, for drivers twenty-one (21) years of age through sixty-two (62) 9 years of age, the renewed license shall expire either on the licensee's 10 birthday in the fourth year or the eighth year following issuance, except as 11 otherwise provided in subsection (3) of this section. 12 (78) (a) If a driver's license has expired or will expire and the licen- 13 see is temporarily out-of-state except on active military duty, and the 14 driver's license has not, as provided by law, been suspended, revoked, 15 canceled, denied, refused or disqualified, the licensee may request in 16 writing on a form prescribed by the department an extension of the dri- 17 ver's license. The request shall be accompanied by the fee fixed in sec- 18 tion 49-306, Idaho Code, and the extension shall be less than a twelve 19 (12) month period. If the department determines that an extension of the 20 driver's license is necessary, it may issue a certificate of extension 21 showing the date to which the expired driver's license is extended, and 22 this certificate shall be attached to the expired driver's license. Cer- 23 tificates of extension are limited to two (2) per licensee. 24 (b) Upon returning to the state of Idaho, the licensee shall within ten 25 (10) days, apply for a renewal of the expired driver's license and surren- 26 der the certificate of extension and the expired driver's license. 27 (c) A hazardous material endorsement cannot be extended. 28 (89) An Idaho driver's license issued to any person prior to serving on 29 active duty in the armed forces of the United States, or a member of the imme- 30 diate family accompanying such a person, if valid and in full force and effect 31 upon entering active duty, shall remain in full force and effect and shall, 32 upon application, be extended for a period of four (4) years so long as active 33 duty continues, or shall be renewed upon application in person without the 34 requirement to take a knowledge or skills test if their Idaho driver's license 35 expired while on active duty, if the driver's license is not suspended, 36 denied, disqualified, canceled or revoked, as provided by law, during the 37 active duty, and the driver's license shall remain in full force and effect 38 sixty (60) days following the date the holder is released from active duty. 39 (910) The department may use a mail renewal process for four-year class D 40 licenses based on criteria established by rule. 41 (101) A seasonal driver's license is only valid for a one hundred eighty 42 (180) day period from the date of issuance. Only one (1) seasonal driver's 43 license may be obtained in any twelve (12) month period, and may only be 44 obtained twice in a driver's lifetime. 45 (112) A person who applies for renewal of a license may request that the 46 notation "permanently disabled" be imprinted on the license and the department 47 shall imprint "permanently disabled" on the license if: 48 (a) The person has a permanent disability; and 49 (b) The person presents written certification from a licensed physician, 50 licensed physician assistant, or licensed advanced practice professional 51 nurse verifying that the person's stated impairment qualifies as a perma- 52 nent disability as provided in section 49-117, Idaho Code; and 53 (c) The department determines that the person meets the requirements for 54 issuance of a license as specified in section 49-313, Idaho Code. 9 1 SECTION 4. That Section 49-2443, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 49-2443. APPLICATION. Application for an identification card must be made 4 in person before an examiner authorized by the department to issue driver's 5 licenses. The examiner shall obtain the following from the applicant: 6 (1) The true and full name and Idaho residence address and mailing 7 address, if different, of the applicant; 8 (2) The identity and date of birth of the applicant as set forth in a 9 certified copy of his birth certificate and, subject to subsection (6) of this 10 section, other satisfactory evidence of identity acceptable to the examiner or 11 the department; 12 (3) The height and weight of the applicant; 13 (4) The color of eyes and hair of the applicant; 14 (5) Applicant's signature; and 15 (6) The applicant's social security number as verified by theapplicant's16social security card or by thesocial security administration. 17 (a) The requirement that an applicant provide a social security number as 18 verified byhis social security card or bythe social security administra- 19 tion shall apply only to applicants who have been assigned a social secu- 20 rity number. 21 (b) An applicant who has not been assigned a social security number 22 shall: 23 (i) Present written verification from the social security adminis- 24 tration that the applicant has not been assigned a social security 25 number; and 26 (ii) Submit a birth certificate, passport or other documentary evi- 27 dence issued by an entity other than a state or the United States; 28 and 29 (iii) Submit such proof as the department may require that the appli- 30 cant is lawfully present in the United States. 31 SECTION 5. That Section 49-2444, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 49-2444. IDENTIFICATION CARD ISSUED -- FOUR-YEAR OR EIGHT-YEAR. (1) The 34 department shall issue a distinguishing identification card which shall set 35 forth the information contained in the application, in a form as prescribed by 36 the department. All identification cards issued on or after January 1, 1993, 37 shall not contain the applicant's social security number. An applicant's 38 social security number shall be exempt from disclosure except for inquiries 39 from agencies or institutions authorized to obtain such information by federal 40 law or regulation, from peace officers or from jury commissioners. Each card 41 shall have printed on it the applicant's full name, date of birth, Idaho resi- 42 dence address, sex, weight, height, eye color, hair color, and shall be issued 43 a distinguishing number assigned to the applicant. Each card shall also have 44 printed on it the name of this state, the date of issuance, and the date of 45 expiration. An identification card shall not be valid until it has been signed 46 on the signature line by the applicant. Each card shall bear upon it a color 47 photograph of the applicant which shall be taken by the examiner at the time 48 of application. The photograph shall be taken without headgear or other cloth- 49 ing or device that disguises or otherwise conceals the face or head of the 50 applicant. A waiver may be granted by the department allowing the applicant to 51 wear headgear or other head covering for medical, religious or safety purposes 52 so long as the face is not disguised or otherwise concealed. At the request of 10 1 the applicant, an identification card may contain a statement or indication of 2 the medical condition of the applicant. 3 No person shall receive an identification card unless and until he surren- 4 ders to the department all identification cards in his possession issued to 5 him by Idaho or any other jurisdiction, or any driver's license issued by any 6 other jurisdiction within the United States, or until he executes an affidavit 7 that he does not possess an identification card or any driver's license. 8 Identification cards issued to persons under eighteen (18) years of age 9 shall include a notation "under 18 until (month, day, year)," and identifica- 10 tion cards issued to persons eighteen (18) years of age to twenty-one (21) 11 years of age shall include a notation "under 21 until (month, day, year)." The 12 nonrefundable fee for a four-year identification card issued to persons 13 twenty-one (21) years of age or older shall be seven dollars and fifty cents 14 ($7.50) of which five dollars ($5.00) shall be retained by the county and 15 credited to the current expense fund, and two dollars and fifty cents ($2.50) 16 shall be deposited in the state treasury to the credit of the highway distri- 17 bution account. The nonrefundable fee for identification cards issued to per- 18 sons under twenty-one (21) years of age shall be six dollars and fifty cents 19 ($6.50), of which five dollars ($5.00) shall be retained by the county and 20 credited to the current expense fund, and one dollar and fifty cents ($1.50) 21 shall be deposited in the state treasury to the credit of the highway distri- 22 bution account. The nonrefundable fee for an eight-year identification card 23 shall be fifteen dollars ($15.00) of which ten dollars ($10.00) shall be 24 retained by the county and credited to the current expense fund, and five dol- 25 lars ($5.00) shall be deposited in the state treasury to the credit of the 26 highway distribution account. At the option of the applicant, the identifica- 27 tion card issued to a person twenty-one (21) years of age or older shall 28 expire either on the cardholder's birthday in the fourth year or the eighth 29 year following issuance of the card, except as otherwise provided in subsec- 30 tion (3) of this section. Every identification card issued to a person under 31 eighteen (18) years of age shall expire five (5) days after the person's eigh- 32 teenth birthday, except as otherwise provided in subsection (3) of this sec- 33 tion. Every identification card issued to a person eighteen (18) years of age 34 but under twenty-one (21) years of age shall expire five (5) days after the 35 person's twenty-first birthday, except as otherwise provided in subsection (3) 36 of this section. 37 Individuals required to register in compliance with section 3 of the fed- 38 eral military selective service act, 50 U.S.C. App. 451 et seq., as amended, 39 shall be provided an opportunity to fulfill such registration requirements in 40 conjunction with an application for an identification card. Any registration 41 information so supplied shall be transmitted by the department to the selec- 42 tive service system. 43 (2) Every identification card, except those issued to persons under 44 twenty-one (21) years of age, shall be renewable on or before its expiration, 45 but not more than twelve (12) months before, and upon application and payment 46 of the required fee. 47 (3) Every identification card issued to a person who is not a citizen or 48 permanent legal resident of the United States shall have an expiration date 49 that is the same date as the end of lawful stay in the United States as indi- 50 cated on documents issued and verified by the department of homeland security, 51 provided however, that the expiration date shall not extend beyond the expira- 52 tion date for the same category of identification card issued to citizens. 53 Persons whose department of homeland security documents do not state an expi- 54 ration date shall be issued an identification card with an expiration date of 55 one (1) year from the date of issuance. 11 1 (4) When an identification card has been expired for less than twelve 2 (12) months, the renewal of the identification card shall start from the orig- 3 inal date of expiration regardless of the year in which the application for 4 renewal is made. If the identification card is expired for more than twelve 5 (12) months, the application shall expire, at the option of the applicant, on 6 the applicant's birthday in the fourth year or the eighth year following reis- 7 suance of the identification card, except as otherwise provided in subsection 8 (3) of this section. 9 (45) A person possessing an identification card who desires to donate any 10 or all organs or tissue in the event of death, and who has completed a docu- 11 ment of gift pursuant to the provisions for donation of anatomical gifts as 12 set forth in chapter 34, title 39, Idaho Code, may, at the option of the 13 donor, indicate this desire on the identification card by the imprinting of 14 the word "donor" on the identification card. The provisions of this subsection 15 shall apply to persons possessing an identification card who are sixteen (16) 16 years of age or older but less than eighteen (18) years of age if the require- 17 ments provided in chapter 34, title 39, Idaho Code, have been complied with. 18 (56) A person possessing an identification card or an applicant for an 19 identification card who is a person with a permanent disability may request 20 that the notation "permanently disabled" be imprinted on the identification 21 card, provided the person presents written certification from a licensed phy- 22 sician verifying that the person's stated impairment qualifies as a permanent 23 disability according to the provisions of section 49-117, Idaho Code. 24 (67) In the case of a name change, the applicant shall provide legal doc- 25 umentation to verify the change in accordance with department rules. 26 (78) Whenever any person, after applying for or receiving an identifica- 27 tion card, shall move from the address shown on the application or on the 28 identification card issued, that person shall, within thirty (30) days, notify 29 the transportation department in writing of the old and new addresses. 30 (89) The department shall cancel any identification card upon determining 31 that the person was not entitled to the issuance of the identification card, 32 or that the person failed to give the required and correct information in his 33 application or committed fraud in making the application. Upon cancellation, 34 the person shall surrender the canceled identification card to the department. 35 (910) If any person shall fail to return to the department the identifi- 36 cation card as required, the department may direct any peace officer to secure 37 its possession and return the identification card to the department. 38 (101) The department may issue a no-fee identification card to an individ- 39 ual whose driver's license has been canceled and voluntarily surrendered as 40 provided in section 49-322(4), Idaho Code. The identification card may be 41 renewed at no cost to the applicant as long as the driver's license remains 42 canceled. 43 (112) It is an infraction for any person to fail to notify the department 44 of a change of address as required by the provisions of subsection (78) of 45 this section.
STATEMENT OF PURPOSE
RS 17352C1
The purpose of this legislation is to:
* Prevent the expiration date on a driver’s license or
identification card from extending beyond the expiration
date of alien documentation issued by the United States.
* Prevent the issuance of a four-year or eight-year Idaho
driver’s license or identification card to those person’s
whose legal presence in the United States is about to
expire.
* Limit the validity of a driver’s license or
identification card to one year periods when alien
documentation issued by the United States does not state
an expiration date.
FISCAL NOTE
$5,200 estimated one-time programming costs to the Idaho
Transportation Department
CONTACT
Name: Lynn Rhodes
Agency: Idaho Transportation Department
Phone: 334-8727
STATEMENT OF PURPOSE/FISCAL NOTE H 366