HTML Raw Codes HOUSE BILL NO.332 (2020) - Driver's licenses, issuance, fees
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LEGISLATURE OF THE STATE OF IDAHO
Sixty-fifth Legislature
Second Regular Session - 2020
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 332
BY TRANSPORTATION AND DEFENSE COMMITTEE
1
AN ACT
2
RELATING TO MOTOR VEHICLE IDENTIFICATION CARDS; AMENDING SECTION 49-202,
3
IDAHO CODE, TO PROVIDE FOR AUTHORIZED AGENTS OF THE DEPARTMENT TO COL-
4
LECT CERTAIN FEES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
5
49-306, IDAHO CODE, TO PROVIDE THAT AGENTS AUTHORIZED BY THE DEPARTMENT
6
ARE AUTHORIZED TO ADMINISTER CERTAIN OATHS AND TO COLLECT CERTAIN FEES
7
AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-2442, IDAHO
8
CODE, TO PROVIDE THAT ANY IDAHO RESIDENT MAY APPLY TO AN AGENT AUTHO-
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RIZED BY THE DEPARTMENT FOR AN IDENTIFICATION CARD AND TO MAKE A TECH-
10
NICAL CORRECTION; AMENDING SECTION 49-2443, IDAHO CODE, TO PROVIDE FOR
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AUTHORIZED AGENTS OF THE DEPARTMENT TO RECEIVE APPLICATIONS FOR IDENTI-
12
FICATION CARDS AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION
13
49-2444, IDAHO CODE, TO PROVIDE FOR CERTAIN AUTHORIZED ISSUING AGENTS
14
TO RETAIN CERTAIN FEES COLLECTED AND TO MAKE TECHNICAL CORRECTIONS.
15
Be It Enacted by the Legislature of the State of Idaho:
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SECTION 1. That Section 49-202, Idaho Code, be, and the same is hereby
17
amended to read as follows:
18
49-202. DUTIES OF DEPARTMENT. (1) All registration and driver's li-
19
cense records in the office of the department shall be public records and
20
open to inspection by the public during normal business hours, except for
21
those records declared by law to be for the confidential use of the depart-
22
ment, or those records containing personal information subject to restric-
23
tions or conditions regarding disclosure. If the department has contracted
24
for a service to be provided by another entity, an additional fee shall be
25
charged by that contractor whether the service is rendered during normal
26
business hours, other than normal business hours or on weekends.
27
(2) In addition to other fees required by law to be collected by the de-
28
partment, the department shall collect the following:
29
(a) For certifying a copy of any record pertaining to any vehicle li-
30
cense, any certificate of title, or any driver's license ....... $14.00
31
(b) For issuing every Idaho certificate of title .............. $14.00
32
(c) For furnishing a duplicate copy of any Idaho certificate
33
of title ................................................... $14.00
34
(d) For issuance or transfer of every certificate of title on a new or
35
used vehicle or other titled vehicle in an expedited manner (rush ti-
36
tles), in addition to any other fee required by this section .... $26.00
37
(e) For recording a transitional ownership document, in addition to any
38
other fee required by this section ........................... $26.00
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(f) For furnishing a replacement of any receipt
40
of registration ............................................. $5.00
2
1
(g) For furnishing copies of registration or ownership of motor vehi-
2
cles or driver's license records, per vehicle registration, accident
3
report records, title or per driver's license record ........... $7.00
4
Additional contractor fee, not to exceed ...................... $4.00
5
(h) For services in searching files of vehicle or other
6
registrations, vehicle titles, or driver's licenses per hour .. $18.00
7
(i) Placing "stop" cards in vehicle registration or title
8
files, each ................................................. $21.00
9
(j) For issuance of an assigned or replacement vehicle
10
identification number (VIN) ................................. $18.00
11
(k) For a vehicle identification number (VIN) inspection whether con-
12
ducted by a city or Previous DocumentcountyNext Hit peace officer or any other peace officer or
13
designated agent of the state of Idaho, per inspection .......... $5.00
14
(l) For all replacement registration stickers, each ........... $2.00
15
(m) For issuing letters of temporary vehicle clearance
16
to Idaho-based motor carriers ............................... $18.00
17
(n) For all sample license plates, each .......................$21.00
18
(o) For filing release of liability statements ................ $3.50
19
(p) For safety and insurance programs for each vehicle operated
20
by a motor carrier ........................................... $3.00
21
A lesser amount may be set by rule of the board.
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(3) The fees required in this section shall not apply when the service
23
is furnished to any federal, state, Previous Hit countyNext Hit or city peace officer when such
24
service is required in the performance of their duties as peace officers.
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(4) The department may enter into agreements with private companies or
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public entities to provide the services for which a fee is collected in sub-
27
section (2)(g) of this section. Such private contractor shall collect the
28
fee prescribed and remit the fee to the department. The contractor shall
29
also collect and retain the additional fee charged for his services.
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(5) (a) The department shall pay three dollars ($3.00) of the fee col-
31
lected by a Previous Hit countyNext Hit assessor or other authorized agent of the department
32
as provided in subsection (2)(a) through (f) of this section, and four
33
dollars ($4.00) as provided in subsection (2)(g) of this section, to
34
the Previous Hit countyNext Hit assessor or Previous Hit sheriffNext Hit of the Previous Hit countyNext Hit or authorized agent of
35
the department collecting such fee, which shall be deposited with the
36
Previous Hit countyNext Hit treasurer and credited to the Previous Hit countyNext Hit current expense fund when
37
collected by the Previous Hit countyNext Hit. When fees are collected by the department or an
38
authorized agent of the department, such fees shall be deposited with
39
the issuing entity. The remainder of the fees collected as provided in
40
that subsection shall be paid by the department to the state treasurer
41
and placed in the state highway account.
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(b) The fee collected under subsection (2)(k) of this section for a VIN
43
inspection shall be placed in the city general fund if conducted by a
44
city peace officer, in the Previous Hit countyNext Hit current expense fund if conducted by a
45
Previous Hit countyNext Hit peace officer, shall be retained by the special agent authorized
46
to perform the inspection, or paid to the state treasurer and placed to
47
the credit of the Idaho state police if conducted by the Idaho state po-
48
lice or in the state highway account if conducted by the department.
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(c) The fee collected under subsection (2)(o) of this section for fil-
50
ing release of liability statements shall be retained by the Previous Hit countyNext Hit
3
1
assessor of the Previous Hit countyNext Hit collecting such fee, and shall be deposited with
2
the Previous Hit countyNext Hit treasurer and credited to the Previous Hit countyNext Hit current expense fund.
3
Any fees collected by the department for filing release of liability
4
statements shall be retained by the department.
5
(d) The fee in subsection (2)(m) of this section shall not apply when
6
the Idaho-based motor carrier or its representative obtains and prints
7
the document using internet access.
8
(e) The fee collected under subsection (2)(p) of this section for mo-
9
tor carriers shall be paid by the department to the state treasurer and
10
placed in the state highway account. The director and the director of
11
the Idaho state police shall jointly determine the amount to be trans-
12
ferred from the state highway account to the law enforcement fund for
13
motor carrier safety programs conducted by the Idaho state police pur-
14
suant to the provisions of section 67-2901A, Idaho Code.
15
(6) The department as often as practicable may provide to law enforce-
16
ment agencies the record of suspensions and revocations of driver licenses
17
via the Idaho law enforcement telecommunications public safety and security
18
information system (ILETS).
19
(7) The department shall provide the forms prescribed in chapter 5 of
20
this title, shall receive and file in its office in Ada Previous Hit countyNext Hit all instru-
21
ments required in chapter 5 of this title to be filed with the department,
22
shall prescribe a uniform method of numbering certificates of title, and
23
shall maintain in the department indices for such certificates of title. All
24
indices shall be by motor or identification number and alphabetical by name
25
of the owner.
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(8) The department shall file each registration received under a
27
distinctive registration number assigned to the vehicle and to the owner
28
thereof.
29
(9) The department shall not renew a driver's license or identification
30
card when fees required by law have not been paid or where fees for past pe-
31
riods are due, owing and unpaid including insufficient fund checks, until
32
those fees have been paid.
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(10) The department shall not grant the registration of a vehicle when:
34
(a) The applicant is not entitled to registration under the provisions
35
of this title; or
36
(b) The applicant has neglected or refused to furnish the department
37
with the information required in the appropriate form or reasonable ad-
38
ditional information required by the department; or
39
(c) The fees required by law have not been paid, or where fees for past
40
registration periods are due, owing and unpaid including insufficient
41
fund checks.
42
(11) The department or its authorized agents have the authority to re-
43
quest any person to submit to medical, vision, highway, or written examina-
44
tions, to protect the safety of the public upon the highways. The depart-
45
ment or its authorized agents may exercise such authority based upon evi-
46
dence which may include, but is not limited to, observations made.
47
(12) The department shall revoke the registration of any vehicle:
48
(a) Which the department shall determine is unsafe or unfit to be oper-
49
ated or is not equipped as required by law;
4
1
(b) Whenever the person to whom the registration card or registration
2
plate has been issued shall make or permit to be made any unlawful use of
3
the same or permit their use by a person not entitled thereto;
4
(c) For any violation of vehicle registration requirements by the owner
5
or operator in the current or past registration periods;
6
(d) Whenever a motor carrier requests revocation, or whenever an inter-
7
state carrier's federal operating authority has been revoked;
8
(e) For failure of the owner or operator to file the reports required
9
or nonpayment of audit assessments or fees assessed against the owner by
10
the department or the state tax commission pursuant to audit under the
11
provisions of section 49-439, Idaho Code;
12
(f) Identified by any city or Previous Hit countyNext Hit administering a program es-
13
tablished by ordinance for the inspection and readjustment of motor
14
vehicles (which program is part of an approved state implementation
15
plan adopted by both the state and federal governments under 42 U.S.C.
16
section 7410) as having failed to comply with an ordinance requiring
17
motor vehicle emission inspection and readjustment; provided that no
18
vehicle shall be identified to the department under this subsection (f)
19
unless:
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(i) The city or Previous Hit countyNext Hit certifies to the department that the owner
21
of the motor vehicle has been given notice and had the opportunity
22
for a hearing concerning compliance with the ordinance and has ex-
23
hausted all remedies and appeals from any determination made at
24
such hearing; and
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(ii) The city or Previous Hit countyNext Hit reimburses the department for all direct
26
costs associated with the registration revocation procedure.
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(13) The department shall not reregister or permit a vehicle to oper-
28
ate on a special trip permit until all fees, penalties and interest have been
29
paid.
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(14) The department shall institute educational programs, demonstra-
31
tions, exhibits and displays.
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(15) The department shall cancel a driver's license or identification
33
card when fees required by law have not been paid or where fees are due, owing
34
and unpaid including insufficient fund checks, until those fees have been
35
paid.
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(16) The department shall examine persons and vehicles by written,
37
oral, vision and skills tests without compulsion except as provided by law.
38
(17) The department shall employ expert and special help as needed in
39
the department.
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(18) The department shall compile accident statistics and disseminate
41
information relating to those statistics.
42
(19) The department shall cooperate with the United States in the elimi-
43
nation of road hazards, whether of a physical, visual or mental character.
44
(20) The department shall place and maintain traffic-control devices,
45
conforming to the board's manual and specifications, upon all state highways
46
as it shall deem necessary to indicate and to carry out the provisions of this
47
title or to regulate, warn, or guide traffic. No local authority shall place
48
or maintain any traffic-control device upon any highway under the jurisdic-
49
tion of the department except by the latter's permission. The placement and
50
maintenance of such a traffic-control device by a local authority shall be
5
1
made according to the board's manual and specifications for a uniform system
2
of traffic-control devices.
3
(21) The department may conduct an investigation of any bridge or other
4
elevated structure constituting a part of a highway, and, if it shall find
5
that the structure cannot with safety to itself withstand vehicles travel-
6
ing at a speed otherwise permissible under this title, shall determine and
7
declare the maximum speed of vehicles which the structure can safely with-
8
stand, and shall cause or permit suitable signs stating the maximum speed to
9
be erected and maintained before each end of the structure.
10
(22) Whenever the department shall determine on the basis of an engi-
11
neering and traffic investigation that slow speeds on any highway or part of
12
a highway impede the normal and reasonable movement of traffic, the depart-
13
ment may determine and declare a minimum speed limit below which no person
14
shall drive a vehicle except when necessary for safe operation or in compli-
15
ance with law, and that limit shall be effective when posted upon appropriate
16
fixed or variable signs.
17
(23) The department shall regulate or prohibit the use of any con-
18
trolled-access highway by any class or kind of traffic which is found to be
19
incompatible with the normal and safe movement of traffic.
20
(24) The department shall erect and maintain traffic-control devices on
21
controlled-access highways on which any prohibitions are applicable.
22
(25) The department and local authorities are authorized to determine
23
those portions of any highway under their respective jurisdictions where
24
overtaking and passing or driving on the left side of the roadway would be
25
especially hazardous and may by appropriate signs or markings on the roadway
26
indicate the beginning and end of those zones and when signs or markings are
27
in place and clearly visible to an ordinarily observant person, every driver
28
of a vehicle shall obey those directions.
29
(26) The department and local authorities in their respective juris-
30
dictions may in their discretion issue special permits authorizing the
31
operation upon a highway of traction engines or tractors having movable
32
tracks with transverse corrugations upon the periphery of the movable tracks
33
or farm tractors or other farm machinery, the operation of which upon a high-
34
way would otherwise be prohibited under this title or title 40, Idaho Code.
35
(27) The department and local highway authorities within their respec-
36
tive jurisdictions may place official traffic-control devices prohibiting,
37
limiting or restricting the stopping, standing or parking of vehicles on any
38
highway where such stopping, standing or parking is dangerous to those using
39
the highway or where the stopping, standing or parking of vehicles unduly in-
40
terferes with the free movement of traffic thereon.
41
(28) On any informational material printed after July 1, 1995, by or at
42
the order of the department and distributed to counties, school districts
43
or individuals for the purpose of assisting a person to successfully pass
44
a driver's license test, the department shall include material about the
45
state's open range law and responsibilities, liabilities and obligations of
46
drivers driving in the open range.
47
SECTION 2. That Section 49-306, Idaho Code, be, and the same is hereby
48
amended to read as follows:
6
1
49-306. APPLICATION FOR DRIVER'S LICENSE, INSTRUCTION PERMIT,
2
COMMERCIAL LEARNER'S PERMIT OR RESTRICTED SCHOOL ATTENDANCE DRIVING PER-
3
MIT. (1) Every application for any instruction permit, restricted school
4
attendance driving permit, or for a driver's license shall be made upon
5
a form furnished by the department and shall be verified by the applicant
6
before a person authorized to administer oaths. Officers and employees of
7
the department, agents authorized by the department, and sheriffs and their
8
deputies are authorized to administer the oaths without charge. Every ap-
9
plication for a permit, extension or driver's license shall be accompanied
10
by the following fee, none of which is refundable:
11
(a) Class A, B, C (4-year) license with endorsements --
12
age 21 years and older ........................................$40.00
13
(b) Class A, B, C (3-year) license with endorsements --
14
age 18 to 21 years ............................................$30.00
15
(c) Class A, B, C (1-year) license with endorsements --
16
age 20 years .................................................$15.00
17
(d) Class D (3-year) license -- under age 18 years ..............$25.00
18
(e) Class D (3-year) license -- age 18 to 21 years ..............$25.00
19
(f) Class D (1-year) license -- age 17 years or age 20 years .....$15.00
20
(g) Four-year Class D license -- age 21 years and older .........$30.00
21
(h) Eight-year Class D license -- age 21 to 63 years ............$55.00
22
(i) Commercial learner's permit ..............................$29.00
23
(j) Class D instruction permit or supervised instruction permit
24
............................................................$15.00
25
(k) Duplicate driver's license or permit issued under
26
section 49-318, Idaho Code ...................................$15.00
27
(l) Driver's license extension issued under section
28
49-319, Idaho Code ...........................................$10.00
29
(m) License classification change (upgrade) ..................$25.00
30
(n) Endorsement addition ....................................$15.00
31
(o) Class A, B, C skills tests not more than ...................$200.00
32
(p) Class D skills test not more than ..........................$35.00
33
(q) Motorcycle endorsement skills test not more than ...........$25.00
34
(r) Knowledge test ..........................................$ 3.00
35
(s) Seasonal driver's license ................................$39.00
36
(t) One time Onetime motorcycle "M" endorsement ...............$15.00
37
(u) Motorcycle endorsement instruction permit ................$15.00
38
(v) Restricted driving permit or restricted school attendance
39
driving permit ...............................................$60.00
40
(2) A person who applies for a driver's license or a driver's license
41
renewal may designate a voluntary contribution of two dollars ($2.00) for
42
the purpose of promoting and supporting organ donation. Such a contribution
43
shall be treated as a voluntary contribution to the organ donation contribu-
44
tion fund created in section 49-2447, Idaho Code, and not as a driver's li-
45
cense fee.
46
(3) Every application shall state the true and full name, date of birth,
47
sex, declaration of Idaho residency, Idaho residence address and mailing ad-
48
dress, if different, of the applicant, height, weight, hair color, and eye
49
color, and the applicant's social security number as verified by the social
50
security administration. If an applicant has submitted an application pur-
7
1
suant to the provisions of chapter 58, title 19, Idaho Code, then the appli-
2
cant may state, in his or her application pursuant to this section, the ap-
3
plicant's alternative Idaho mailing address in place of his or her Idaho res-
4
idence address and mailing address. Notwithstanding the provisions of sec-
5
tion 49-303(13), Idaho Code, an applicant for a nondomiciled class A, B or
6
C driver's license or nondomiciled commercial learner's permit having res-
7
idency in a state that is prohibited from issuing class A, B or C driver's
8
licenses or commercial learner's permits, as provided in 49 CFR 384, is ex-
9
cepted from providing proof of Idaho residency and an Idaho mailing address.
10
(a) The requirement that an applicant provide a social security number
11
as verified by the social security administration shall apply only to
12
applicants who have been assigned a social security number.
13
(b) An applicant who has not been assigned a social security number
14
shall:
15
(i) Present written verification from the social security admin-
16
istration that the applicant has not been assigned a social secu-
17
rity number; and
18
(ii) Submit a birth certificate, passport or other documentary
19
evidence issued by an entity other than a state or the United
20
States; and
21
(iii) Submit such proof as the department may require that the ap-
22
plicant is lawfully present in the United States.
23
A driver's license, commercial learner's permit or any instruction
24
permit issued on and after January 1, 1993, shall not contain an appli-
25
cant's social security number. Applications on file shall be exempt
26
from disclosure except as provided in sections 49-202, 49-203, 49-203A
27
and 49-204, Idaho Code.
28
(c) Every application for a class A, B or C license shall state where the
29
applicant has been licensed for the preceding ten (10) years and under
30
which of the following driving categories the applicant will operate:
31
(i) Non-excepted interstate. The applicant operates or expects
32
to operate in interstate commerce, and is required to provide a
33
medical examiner's certificate;
34
(ii) Excepted interstate. The applicant operates or expects to
35
operate in interstate commerce, but engages exclusively in trans-
36
portation or operations excepted by the federal motor carrier
37
safety administration from all or parts of the qualification re-
38
quirements of federal motor carrier safety regulation 49, part
39
391, and is therefore not required to provide a medical examiner's
40
certificate;
41
(iii) Non-excepted intrastate. The applicant operates only in
42
intrastate commerce and is subject to and meets all Idaho driver
43
qualification requirements and the applicable parts of federal
44
motor carrier safety regulation 49, part 391, and is required to
45
provide a medical examiner's certificate; or
46
(iv) Excepted intrastate. The applicant operates in intrastate
47
commerce, but engages exclusively in exempted transportation or
48
operations as listed in section 67-2901B(2), Idaho Code, and the
49
applicable parts of federal motor carrier safety regulation 49,
8
1
part 391, and is therefore not required to provide a medical exam-
2
iner's certificate.
3
All applications shall also state whether the applicant has previ-
4
ously been licensed as a driver, and if so, when and by what state or
5
country, and whether a driver's license or privileges have ever been
6
suspended, revoked, denied, disqualified, canceled or whether an ap-
7
plication has ever been refused, and if so, the date of and reason for
8
the suspension, revocation, denial, disqualification, cancellation
9
or refusal and the applicant's oath that all information is correct as
10
signified by the applicant's signature.
11
(d) The applicant must submit proof of identity acceptable to the exam-
12
iner or the department and date of birth as set forth in a certified copy
13
of his birth certificate. When a certified copy of his birth certifi-
14
cate or a delayed birth certificate is impossible to obtain from a vital
15
statistics agency, another government-issued document may be submitted
16
that provides satisfactory evidence of a person's full legal name and
17
date of birth acceptable to the examiner or the department.
18
(e) Every applicant for a class A, B or C driver's license or commer-
19
cial learner's permit shall provide proof of United States citizenship
20
or lawful permanent residency in the United States upon application for
21
issuance, transfer, upgrade or renewal, unless the applicant's driving
22
record already contains documentation confirming United States citi-
23
zenship or lawful permanent residency. Every applicant for a nondomi-
24
ciled class A, B or C driver's license or commercial learner's permit
25
domiciled in a foreign country must provide an unexpired employment au-
26
thorization document issued by the department of homeland security or
27
an unexpired foreign passport accompanied by an approved I-94 form doc-
28
umenting the applicant's most recent admittance into the United States.
29
(f) Individuals required to register in compliance with section 3 of
30
the federal military selective service act, 50 U.S.C. App. 451 et seq.,
31
as amended, shall be provided an opportunity to fulfill such registra-
32
tion requirements in conjunction with an application for a driver's li-
33
cense, commercial learner's permit or instruction permit. Any regis-
34
tration information so supplied shall be transmitted by the department
35
to the selective service system.
36
(4) Whenever an application is received from a person previously li-
37
censed in another jurisdiction, the department shall request a copy of the
38
driver's record from the other jurisdiction and shall contact the national
39
driver register. When received, the driver's record from the previous ju-
40
risdiction shall become a part of the driver's record in this state with the
41
same force and effect as though entered on the driver's record in this state
42
in the original instance.
43
(5) Whenever the department receives a request for a driver's record
44
from another licensing jurisdiction, the record shall be forwarded without
45
charge.
46
(6) The department shall contact and notify the commercial driver li-
47
cense information system of the proposed application for a class A, B or C
48
driver's license or commercial learner's permit to ensure identification of
49
the person and to obtain clearance to issue the license.
9
1
(7) When the fees required under this section are collected by a Previous Hit countyNext Hit
2
officer, they shall, except as provided in subsection (8) of this section,
3
be paid over to the Previous Hit countyNext Hit treasurer not less often than monthly, who shall
4
immediately:
5
(a) Deposit an amount equal to five dollars ($5.00) from each driver's
6
license except an eight-year class D license, or any class D instruction
7
permit application fees, application for a duplicate driver's license
8
or permit, classification change, seasonal driver's license and addi-
9
tional endorsement, and ten dollars ($10.00) from each eight-year class
10
D driver's license, in the current expense fund;
11
(b) Deposit two dollars and fifty cents ($2.50) from each motorcycle
12
endorsement and motorcycle endorsement instruction permit fee in the
13
current expense fund;
14
(c) Deposit an amount equal to three dollars ($3.00) from each fee for a
15
knowledge test in the current expense fund;
16
(d) Deposit an amount up to twenty-five dollars ($25.00) from each fee
17
for a motorcycle endorsement skills test in the current expense fund;
18
provided however, if a contractor administers the skills test he shall
19
be entitled to the entire fee;
20
(e) Remit the remainder to the state treasurer; and
21
(f) Deposit up to twenty-eight dollars and fifty cents ($28.50) from
22
each fee for a class D skills test into the Previous Hit countyNext Hit current expense fund,
23
unless the test is administered by a department-approved contractor, in
24
which case the contractor shall be entitled to up to twenty-eight dol-
25
lars and fifty cents ($28.50) of each fee.
26
(8) When the fees required under this section are collected by a state
27
officer or agency the department or an agent authorized by the department,
28
they shall be paid over to the state treasurer. When the department or an
29
agent authorized by the department collects the fees required under this
30
section, the portion of fees to be retained by the Previous Hit countyNext Hit shall be retained by
31
the issuing authorized agent.
32
(9) The state treasurer shall distribute the moneys received from fees
33
imposed by the provisions of this section, whether collected by a Previous Hit countyNext Hit of-
34
ficer or by a state officer or agency as follows:
35
(a) Two dollars ($2.00) of each fee for a four-year driver's license
36
or seasonal driver's license, and four dollars ($4.00) of each fee for
37
an eight-year class D driver's license, and one dollar and fifty cents
38
($1.50) of each fee charged for driver's licenses pursuant to subsec-
39
tion (1)(b), (d) and (e) of this section, and fifty cents (50¢) of each
40
fee charged for driver's licenses pursuant to subsection (1)(c) and
41
(f) of this section, shall be deposited in the emergency medical ser-
42
vices fund II created in section 56-1018A, Idaho Code, and four dollars
43
($4.00) of each fee charged pursuant to subsection (1)(a), (g) and (s)
44
of this section and eight dollars ($8.00) of each fee charged pursuant
45
to subsection (1)(h) of this section and three dollars ($3.00) of each
46
fee for driver's licenses pursuant to subsection (1)(b), (d) and (e) of
47
this section, and one dollar ($1.00) of each fee charged for driver's
48
licenses pursuant to subsection (1)(c) and (f) of this section shall be
49
deposited in the emergency medical services fund III created in section
50
56-1018B, Idaho Code;
10
1
(b) Twenty-eight dollars ($28.00) of each fee for a seasonal or class A,
2
B or C driver's license, and nineteen dollars and fifty cents ($19.50)
3
of each fee charged for a license pursuant to subsection (1)(b) of this
4
section, and eight dollars and sixteen cents ($8.16) of each fee charged
5
for a license pursuant to subsection (1)(c) of this section shall be de-
6
posited in the state highway account;
7
(c) Twenty dollars ($20.00) of each fee for a commercial learner's per-
8
mit or driver's license classification change shall be deposited in the
9
state highway account;
10
(d) Four dollars ($4.00) of each fee for a commercial learner's permit
11
shall be deposited in the emergency medical services fund III created in
12
section 56-1018B, Idaho Code;
13
(e) Ten dollars ($10.00) of each fee for a duplicate seasonal or class
14
A, B or C driver's license, class A, B or C driver's license extension,
15
or additional endorsement shall be deposited in the state highway ac-
16
count;
17
(f) Seven dollars and fifty cents ($7.50) of each fee for a motorcycle
18
endorsement and motorcycle endorsement instruction permit shall be de-
19
posited in the state highway account;
20
(g) Five dollars and thirty cents ($5.30) of each fee for a four-year
21
class D driver's license, and ten dollars and sixty cents ($10.60) of
22
each fee for an eight-year class D driver's license, and four dollars
23
($4.00) of each fee charged for a license pursuant to subsection (1)(d)
24
and (e) of this section, and one dollar and thirty-three cents ($1.33)
25
of each fee charged for a license pursuant to subsection (1)(f) of this
26
section shall be deposited in the driver training fund account;
27
(h) Twelve dollars and seventy cents ($12.70) of each fee for a
28
four-year class D driver's license, and twenty dollars and forty cents
29
($20.40) of each fee for an eight-year class D driver's license, and ten
30
dollars and fifty cents ($10.50) of each fee charged for a license pur-
31
suant to subsection (1)(d) and (e) of this section, and six dollars and
32
eighty-three cents ($6.83) of each fee charged for a license pursuant
33
to subsection (1)(f) of this section shall be deposited in the highway
34
distribution fund account;
35
(i) Two dollars and sixty cents ($2.60) of each fee for a class D in-
36
struction permit, duplicate class D license or permit, and class D li-
37
cense extension shall be deposited in the driver training fund account;
38
(j) Seven dollars and forty cents ($7.40) of each fee for a class D
39
instruction permit, duplicate class D license or permit, and class D
40
license extension shall be deposited in the highway distribution fund
41
account;
42
(k) Ten dollars ($10.00) of each fee for a class A, B or C skills test
43
shall be deposited in the state highway account;
44
(l) One dollar ($1.00) of each fee for a class A, B, C or four-year D
45
driver's license, and two dollars ($2.00) of each fee for an eight-year
46
class D driver's license, and one dollar ($1.00) of each fee charged for
47
a license pursuant to subsection (1)(b), (d) and (e) of this section,
48
and thirty-four cents (34¢) of each fee charged for a license pursuant
49
to subsection (1)(c) and (f) of this section shall be deposited in the
11
1
motorcycle safety program fund established in section 33-4904, Idaho
2
Code;
3
(m) Six dollars and fifty cents ($6.50) of each fee for a class D skills
4
test shall be deposited into the state highway account; and
5
(n) Each voluntary contribution of two dollars ($2.00) as described in
6
subsection (2) of this section, less actual administrative costs asso-
7
ciated with collecting and transferring such contributions, shall be
8
deposited into the organ donation contribution fund created in section
9
49-2447, Idaho Code.
10
(10) The contractor administering a class A, B or C skills test shall
11
be entitled to not more than one hundred ninety dollars ($190) of the skills
12
test fee. A contractor administering a class A, B or C skills test may col-
13
lect an additional fee for the use of the contractor's vehicle for the skills
14
test.
15
(11) Sixty dollars ($60.00) of each restricted driving permit and each
16
restricted school attendance driving permit shall be deposited in the state
17
highway account.
18
(12) The department may issue seasonal class B or C driver's licenses to
19
drivers who are employees of agri-chemical businesses, custom harvesters,
20
farm retail outlets and suppliers, and livestock feeders that:
21
(a) Will only be valid for driving commercial vehicles that normally
22
require class B or C commercial driver's licenses;
23
(b) Will be valid for seasonal periods that begin on the date of is-
24
suance and that are not to exceed one hundred eighty (180) days in a
25
twelve (12) month period;
26
(c) May only be obtained twice in a driver's lifetime;
27
(d) Are valid only within a one hundred fifty (150) mile radius of the
28
place of business or farm being serviced; and
29
(e) Will be valid only in conjunction with valid Idaho class D driver's
30
licenses.
31
(13) The department may issue seasonal class B or C driver's licenses to
32
drivers who:
33
(a) Have not violated the single license provisions of applicable fed-
34
eral regulations;
35
(b) Have not had any license suspensions, revocations or cancella-
36
tions;
37
(c) Have not had any convictions in any vehicle for any offense listed
38
in section 49-335(1) or (2), Idaho Code, or any one (1) serious traffic
39
offense;
40
(d) Have at least one (1) year of driving experience with a class D or
41
equivalent license in any type motor vehicle; and
42
(e) Are at least sixteen (16) years old.
43
SECTION 3. That Section 49-2442, Idaho Code, be, and the same is hereby
44
amended to read as follows:
45
49-2442. IDENTIFICATION CARDS AUTHORIZED. Any Idaho resident may ap-
46
ply to an authorized agent of the department for an identification card. It
47
is prima facie evidence of age when the authorized holder of an identifica-
48
tion card exhibits a card which that contains information indicating that
49
the person has attained a certain age.
12
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
4
made in person before an examiner authorized by agent of the department to
5
issue driver's licenses. The examiner authorized agent shall obtain the
6
following from the applicant:
7
(1) The true and full name and Idaho residence address and mailing ad-
8
dress, if different, of the applicant;
9
(2) The identity and date of birth of the applicant as set forth in a
10
certified copy of his birth certificate and, subject to subsection (6) of
11
this section, other satisfactory evidence of identity acceptable to the
12
examiner authorized agent or the department;
13
(3) The height and weight of the applicant;
14
(4) The color of eyes and hair of the applicant;
15
(5) AThe applicant's signature; and
16
(6) The applicant's social security number as verified by the social
17
security administration.
18
(a) The requirement that an applicant provide a social security number
19
as verified by the social security administration shall apply only to
20
applicants who have been assigned a social security 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 admin-
24
istration that the applicant has not been assigned a social secu-
25
rity number; and
26
(ii) Submit a birth certificate, passport or other documentary
27
evidence issued by an entity other than a state or the United
28
States; and
29
(iii) Submit such proof as the department may require that the ap-
30
plicant 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)
34
The department shall issue a distinguishing identification card that shall
35
set forth the information contained in the application, in a form as pre-
36
scribed by the department. All identification cards issued on or after Jan-
37
uary 1, 1993, shall not contain the applicant's social security number. An
38
applicant's social security number shall be exempt from disclosure except
39
for inquiries from agencies or institutions authorized to obtain such infor-
40
mation by federal law or regulation, from peace officers or from jury com-
41
missioners. Each card shall have printed on it the applicant's full name,
42
date of birth, Idaho residence address, sex, weight, height, eye color, and
43
hair color, and shall be issued a distinguishing number assigned to the ap-
44
plicant. If an applicant has submitted an application pursuant to the provi-
45
sions of chapter 58, title 19, Idaho Code, then the applicant's identifica-
46
tion card shall contain his or her alternative Idaho mailing address in place
47
of his or her Idaho residence address. Each card shall also have printed on
48
it the name of this state, the date of issuance, and the date of expiration.
13
1
An identification card shall not be valid until it has been signed on the sig-
2
nature line by the applicant. Each card shall bear upon it a color photograph
3
of the applicant which shall be taken by the examiner at the time of appli-
4
cation. The photograph shall be taken without headgear or other clothing or
5
device that disguises or otherwise conceals the face or head of the appli-
6
cant. A waiver may be granted by the department allowing the applicant to
7
wear headgear or other head covering for medical, religious or safety pur-
8
poses as long as the face is not disguised or otherwise concealed. At the re-
9
quest of the applicant, an identification card may contain a statement or in-
10
dication of the medical condition of the applicant.
11
No person shall receive an identification card unless and until he sur-
12
renders to the department all identification cards in his possession issued
13
to him by Idaho or any other jurisdiction, or any driver's license issued by
14
any other jurisdiction within the United States, or until he executes an af-
15
fidavit that he does not possess an identification card or any driver's li-
16
cense.
17
Identification cards issued to persons under eighteen (18) years of age
18
shall include a notation "under 18 until (month, day, year)," and identifi-
19
cation cards issued to persons eighteen (18) years of age to twenty-one (21)
20
years of age shall include a notation "under 21 until (month, day, year)."
21
The nonrefundable fee for a four (4) year identification card issued to per-
22
sons twenty-one (21) years of age or older shall be ten dollars ($10.00),
23
of which five dollars ($5.00) shall be retained by the Previous Hit countyNext Hit and credited
24
to the current expense fund, and five dollars ($5.00) shall be deposited in
25
the state treasury to the credit of the highway distribution account. The
26
nonrefundable fee for identification cards issued to persons under twenty-
27
one (21) years of age shall be ten dollars ($10.00), of which five dollars
28
($5.00) shall be retained by the authorized issuing agent or, if issued by
29
the Previous Hit countyNext Hit and, shall be credited to the current expense fund, and five dol-
30
lars ($5.00) shall be deposited in the state treasury to the credit of the
31
highway distribution account. The nonrefundable fee for an eight (8) year
32
identification card shall be twenty dollars ($20.00), of which ten dollars
33
($10.00) shall be retained by the authorized issuing agent or, if issued by
34
the Previous Hit countyNext Document and, shall be credited to the current expense fund, and ten dol-
35
lars ($10.00) shall be deposited in the state treasury to the credit of the
36
highway distribution account. At the option of the applicant, the identi-
37
fication card issued to a person twenty-one (21) years of age or older shall
38
expire either on the cardholder's birthday in the fourth year or the eighth
39
year following issuance of the card, except as otherwise provided in subsec-
40
tion (3) of this section. Every identification card issued to a person un-
41
der eighteen (18) years of age shall expire five (5) days after the person's
42
eighteenth birthday, except as otherwise provided in subsection (3) of this
43
section. Every identification card issued to a person eighteen (18) years of
44
age but under twenty-one (21) years of age shall expire five (5) days after
45
the person's twenty-first birthday, except as otherwise provided in subsec-
46
tion (3) of this section.
47
Individuals required to register in compliance with section 3 of the
48
federal military selective service act, 50 U.S.C. App. 451 et seq., as
49
amended, shall be provided an opportunity to fulfill such registration re-
50
quirements in conjunction with an application for an identification card.
14
1
Any registration information so supplied shall be transmitted by the depart-
2
ment to the selective service system.
3
(2) Every identification card, except those issued to persons under
4
twenty-one (21) years of age, shall be renewable on or before its expiration,
5
but not more than twenty-five (25) months before, and upon application and
6
payment of the required fee.
7
(3) Every identification card issued to a person who is not a citizen or
8
permanent legal resident of the United States shall have an expiration date
9
that is the same date as the end of lawful stay in the United States as indi-
10
cated on documents issued and verified by the department of homeland secu-
11
rity, provided however, that the expiration date shall not extend beyond the
12
expiration date for the same category of identification card issued to citi-
13
zens. Persons whose department of homeland security documents do not state
14
an expiration date shall be issued an identification card with an expiration
15
date of one (1) year from the date of issuance.
16
(4) When an identification card has been expired for less than twenty-
17
five (25) months, the renewal of the identification card shall start from
18
the original date of expiration regardless of the year in which the applica-
19
tion for renewal is made. If the identification card is expired for more than
20
twenty-five (25) months, the application shall expire, at the option of the
21
applicant, on the applicant's birthday in the fourth year or the eighth year
22
following reissuance of the identification card, except as otherwise pro-
23
vided in subsection (3) of this section.
24
(5) (a) If an Idaho identification card has expired or will expire
25
and the identification cardholder is temporarily out of state, except
26
on active military duty, the identification cardholder may request
27
in writing on a form prescribed by the department an extension of the
28
identification card. The request shall be accompanied by the fee
29
fixed in section 49-306, Idaho Code, and the extension shall be no more
30
than a twelve (12) month period. If the department determines that an
31
extension of the identification card is necessary, it may issue an iden-
32
tification card showing the date to which the expired identification
33
card is extended. Identification card extensions are limited to two (2)
34
consecutive extensions per identification cardholder.
35
(b) Upon returning to the state of Idaho, the identification cardholder
36
shall, within ten (10) days, apply for a renewal of the expired iden-
37
tification card and surrender the extended identification card and the
38
expired identification card.
39
(6) An Idaho identification card issued to any person prior to serving
40
on active duty in the armed forces of the United States, or a member of the
41
immediate family accompanying such a person, if valid and in full force and
42
effect upon entering active duty, shall remain in full force and effect and
43
shall, upon application, be extended for a period of four (4) years as long
44
as active duty continues, and the identification card shall remain in full
45
force and effect sixty (60) days following the date the cardholder is re-
46
leased from active duty.
47
(7) A person possessing an identification card who desires to donate
48
any or all organs or tissue in the event of death, and who has completed a
49
document of gift pursuant to the provisions for donation of anatomical gifts
50
as set forth in chapter 34, title 39, Idaho Code, may, at the option of the
15
1
donor, indicate this desire on the identification card by the imprinting of
2
the word "donor" on the identification card. The provisions of this subsec-
3
tion shall apply to persons possessing an identification card who are fif-
4
teen (15) years of age or older but less than eighteen (18) years of age if
5
the requirements provided in chapter 34, title 39, Idaho Code, have been com-
6
plied with.
7
(8) A person possessing an identification card or an applicant for an
8
identification card who is a person with a permanent disability may request
9
that the notation "permanently disabled" be imprinted on the identification
10
card, provided the person presents written certification from a licensed
11
physician verifying that the person's stated impairment qualifies as a per-
12
manent disability according to the provisions of section 49-117, Idaho Code.
13
(9) A person who is a veteran may request that his or her status as such
14
be designated on an identification card at no additional cost. Any such re-
15
quest shall be accompanied by proof of being a current or former member of
16
the United States armed forces. Upon request and submission of satisfactory
17
proof, the department shall indicate such person's status as a veteran on any
18
identification card issued pursuant to the provisions of this section. Such
19
designation shall be made upon original issuance or renewal of an identifi-
20
cation card. Designation shall also be made on any duplicate identification
21
card issued, provided that the fee for such duplicate card is paid in accor-
22
dance with this section.
23
Satisfactory proof of being a current or former member of the United
24
States armed forces must be furnished by an applicant to the department be-
25
fore a designation of veteran status will be indicated on any identification
26
card. Acceptable proof shall be a copy of form DD214 or an equivalent docu-
27
ment or statement from the department of veterans affairs that identifies a
28
character of service upon separation as "honorable" or "general under hon-
29
orable conditions."
30
(10) In the case of a name change, the applicant shall provide legal doc-
31
umentation to verify the change in accordance with department rules.
32
(11) Whenever any person, after applying for or receiving an identifi-
33
cation card, shall move from the address shown on the application or on the
34
identification card issued, that person shall, within thirty (30) days, no-
35
tify the transportation department in writing of the old and new addresses.
36
(12) The department shall cancel any identification card upon determin-
37
ing that the person was not entitled to the issuance of the identification
38
card, or that the person failed to give the required and correct information
39
in his application or committed fraud in making the application. Upon can-
40
cellation, the person shall surrender the canceled identification card to
41
the department.
42
(13) If any person shall fail to return to the department the identifi-
43
cation card as required, the department may direct any peace officer to se-
44
cure its possession and return the identification card to the department.
45
(14) The department may issue a no-fee identification card to an indi-
46
vidual whose driver's license has been canceled and voluntarily surrendered
47
as provided in section 49-322(5), Idaho Code. The identification card may be
48
renewed at no cost to the applicant as long as the driver's license remains
49
canceled.
16
1
(15) It is an infraction for any person to fail to notify the department
2
of a change of address as required by the provisions of subsection (11) of
3
this section.