Search terms: COUNTY SHERIFF |
IN THE HOUSE OF REPRESENTATIVES
BY TRANSPORTATION AND DEFENSE COMMITTEE
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AN ACT
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RELATING TO MOTOR VEHICLE IDENTIFICATION CARDS; AMENDING SECTION 49-202,
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LECT CERTAIN FEES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
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ARE AUTHORIZED TO ADMINISTER CERTAIN OATHS AND TO COLLECT CERTAIN FEES
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RIZED BY THE DEPARTMENT FOR AN IDENTIFICATION CARD AND TO MAKE A TECH-
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AUTHORIZED AGENTS OF THE DEPARTMENT TO RECEIVE APPLICATIONS FOR IDENTI-
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FICATION CARDS AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION
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TO RETAIN CERTAIN FEES COLLECTED AND TO MAKE TECHNICAL CORRECTIONS.
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amended to read as follows:
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49-202. DUTIES OF DEPARTMENT. (1) All registration and driver's li-
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cense records in the office of the department shall be public records and
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open to inspection by the public during normal business hours, except for
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those records declared by law to be for the confidential use of the depart-
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ment, or those records containing personal information subject to restric-
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tions or conditions regarding disclosure. If the department has contracted
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for a service to be provided by another entity, an additional fee shall be
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charged by that contractor whether the service is rendered during normal
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business hours, other than normal business hours or on weekends.
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(2) In addition to other fees required by law to be collected by the de-
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partment, the department shall collect the following:
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(a) For certifying a copy of any record pertaining to any vehicle li-
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cense, any certificate of title, or any driver's license ....... $14.00
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of title ................................................... $14.00
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(d) For issuance or transfer of every certificate of title on a new or
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used vehicle or other titled vehicle in an expedited manner (rush ti-
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tles), in addition to any other fee required by this section .... $26.00
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(e) For recording a transitional ownership document, in addition to any
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other fee required by this section ........................... $26.00
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(f) For furnishing a replacement of any receipt
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of registration ............................................. $5.00
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(g) For furnishing copies of registration or ownership of motor vehi-
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cles or driver's license records, per vehicle registration, accident
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report records, title or per driver's license record ........... $7.00
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Additional contractor fee, not to exceed ...................... $4.00
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(h) For services in searching files of vehicle or other
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registrations, vehicle titles, or driver's licenses per hour .. $18.00
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(i) Placing "stop" cards in vehicle registration or title
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files, each ................................................. $21.00
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(j) For issuance of an assigned or replacement vehicle
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identification number (VIN) ................................. $18.00
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(k) For a vehicle identification number (VIN) inspection whether con-
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(l) For all replacement registration stickers, each ........... $2.00
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(m) For issuing letters of temporary vehicle clearance
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(n) For all sample license plates, each .......................$21.00
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(o) For filing release of liability statements ................ $3.50
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(p) For safety and insurance programs for each vehicle operated
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by a motor carrier ........................................... $3.00
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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
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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-
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section (2)(g) of this section. Such private contractor shall collect the
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fee prescribed and remit the fee to the department. The contractor shall
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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-
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as provided in subsection (2)(a) through (f) of this section, and four
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dollars ($4.00) as provided in subsection (2)(g) of this section, to
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the department collecting such fee, which shall be deposited with the
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authorized agent of the department, such fees shall be deposited with
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the issuing entity. The remainder of the fees collected as provided in
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that subsection shall be paid by the department to the state treasurer
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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
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inspection shall be placed in the city general fund if conducted by a
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to perform the inspection, or paid to the state treasurer and placed to
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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-
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Any fees collected by the department for filing release of liability
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statements shall be retained by the department.
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(d) The fee in subsection (2)(m) of this section shall not apply when
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the document using internet access.
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(e) The fee collected under subsection (2)(p) of this section for mo-
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tor carriers shall be paid by the department to the state treasurer and
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placed in the state highway account. The director and the director of
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ferred from the state highway account to the law enforcement fund for
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(6) The department as often as practicable may provide to law enforce-
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ment agencies the record of suspensions and revocations of driver licenses
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information system (ILETS).
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(7) The department shall provide the forms prescribed in chapter 5 of
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ments required in chapter 5 of this title to be filed with the department,
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shall prescribe a uniform method of numbering certificates of title, and
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shall maintain in the department indices for such certificates of title. All
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indices shall be by motor or identification number and alphabetical by name
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of the owner.
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(8) The department shall file each registration received under a
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distinctive registration number assigned to the vehicle and to the owner
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thereof.
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(9) The department shall not renew a driver's license or identification
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card when fees required by law have not been paid or where fees for past pe-
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riods are due, owing and unpaid including insufficient fund checks, until
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those fees have been paid.
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(10) The department shall not grant the registration of a vehicle when:
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(a) The applicant is not entitled to registration under the provisions
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of this title; or
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(b) The applicant has neglected or refused to furnish the department
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with the information required in the appropriate form or reasonable ad-
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ditional information required by the department; or
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(c) The fees required by law have not been paid, or where fees for past
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registration periods are due, owing and unpaid including insufficient
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fund checks.
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(11) The department or its authorized agents have the authority to re-
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quest any person to submit to medical, vision, highway, or written examina-
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tions, to protect the safety of the public upon the highways. The depart-
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ment or its authorized agents may exercise such authority based upon evi-
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dence which may include, but is not limited to, observations made.
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(12) The department shall revoke the registration of any vehicle:
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(a) Which the department shall determine is unsafe or unfit to be oper-
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ated or is not equipped as required by law;
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(b) Whenever the person to whom the registration card or registration
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plate has been issued shall make or permit to be made any unlawful use of
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the same or permit their use by a person not entitled thereto;
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(c) For any violation of vehicle registration requirements by the owner
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or operator in the current or past registration periods;
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(d) Whenever a motor carrier requests revocation, or whenever an inter-
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state carrier's federal operating authority has been revoked;
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(e) For failure of the owner or operator to file the reports required
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or nonpayment of audit assessments or fees assessed against the owner by
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the department or the state tax commission pursuant to audit under the
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tablished by ordinance for the inspection and readjustment of motor
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vehicles (which program is part of an approved state implementation
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plan adopted by both the state and federal governments under 42 U.S.C.
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section 7410) as having failed to comply with an ordinance requiring
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motor vehicle emission inspection and readjustment; provided that no
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vehicle shall be identified to the department under this subsection (f)
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unless:
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of the motor vehicle has been given notice and had the opportunity
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for a hearing concerning compliance with the ordinance and has ex-
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hausted all remedies and appeals from any determination made at
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such hearing; and
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costs associated with the registration revocation procedure.
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(13) The department shall not reregister or permit a vehicle to oper-
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ate on a special trip permit until all fees, penalties and interest have been
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paid.
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(14) The department shall institute educational programs, demonstra-
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tions, exhibits and displays.
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(15) The department shall cancel a driver's license or identification
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card when fees required by law have not been paid or where fees are due, owing
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and unpaid including insufficient fund checks, until those fees have been
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paid.
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(16) The department shall examine persons and vehicles by written,
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oral, vision and skills tests without compulsion except as provided by law.
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(17) The department shall employ expert and special help as needed in
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the department.
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(18) The department shall compile accident statistics and disseminate
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information relating to those statistics.
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nation of road hazards, whether of a physical, visual or mental character.
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(20) The department shall place and maintain traffic-control devices,
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conforming to the board's manual and specifications, upon all state highways
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as it shall deem necessary to indicate and to carry out the provisions of this
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title or to regulate, warn, or guide traffic. No local authority shall place
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or maintain any traffic-control device upon any highway under the jurisdic-
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tion of the department except by the latter's permission. The placement and
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maintenance of such a traffic-control device by a local authority shall be
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made according to the board's manual and specifications for a uniform system
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of traffic-control devices.
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(21) The department may conduct an investigation of any bridge or other
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elevated structure constituting a part of a highway, and, if it shall find
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that the structure cannot with safety to itself withstand vehicles travel-
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ing at a speed otherwise permissible under this title, shall determine and
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declare the maximum speed of vehicles which the structure can safely with-
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stand, and shall cause or permit suitable signs stating the maximum speed to
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be erected and maintained before each end of the structure.
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(22) Whenever the department shall determine on the basis of an engi-
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neering and traffic investigation that slow speeds on any highway or part of
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a highway impede the normal and reasonable movement of traffic, the depart-
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ment may determine and declare a minimum speed limit below which no person
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shall drive a vehicle except when necessary for safe operation or in compli-
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ance with law, and that limit shall be effective when posted upon appropriate
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fixed or variable signs.
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(23) The department shall regulate or prohibit the use of any con-
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trolled-access highway by any class or kind of traffic which is found to be
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incompatible with the normal and safe movement of traffic.
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(24) The department shall erect and maintain traffic-control devices on
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controlled-access highways on which any prohibitions are applicable.
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(25) The department and local authorities are authorized to determine
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those portions of any highway under their respective jurisdictions where
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overtaking and passing or driving on the left side of the roadway would be
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especially hazardous and may by appropriate signs or markings on the roadway
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indicate the beginning and end of those zones and when signs or markings are
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in place and clearly visible to an ordinarily observant person, every driver
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of a vehicle shall obey those directions.
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(26) The department and local authorities in their respective juris-
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dictions may in their discretion issue special permits authorizing the
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operation upon a highway of traction engines or tractors having movable
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tracks with transverse corrugations upon the periphery of the movable tracks
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or farm tractors or other farm machinery, the operation of which upon a high-
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(27) The department and local highway authorities within their respec-
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tive jurisdictions may place official traffic-control devices prohibiting,
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limiting or restricting the stopping, standing or parking of vehicles on any
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highway where such stopping, standing or parking is dangerous to those using
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the highway or where the stopping, standing or parking of vehicles unduly in-
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terferes with the free movement of traffic thereon.
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(28) On any informational material printed after July 1, 1995, by or at
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the order of the department and distributed to counties, school districts
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or individuals for the purpose of assisting a person to successfully pass
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a driver's license test, the department shall include material about the
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state's open range law and responsibilities, liabilities and obligations of
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drivers driving in the open range.
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49-306. APPLICATION FOR DRIVER'S LICENSE, INSTRUCTION PERMIT,
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COMMERCIAL LEARNER'S PERMIT OR RESTRICTED SCHOOL ATTENDANCE DRIVING PER-
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MIT. (1) Every application for any instruction permit, restricted school
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attendance driving permit, or for a driver's license shall be made upon
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a form furnished by the department and shall be verified by the applicant
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before a person authorized to administer oaths. Officers and employees of
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the department, agents authorized by the department, and sheriffs and their
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deputies are authorized to administer the oaths without charge. Every ap-
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plication for a permit, extension or driver's license shall be accompanied
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by the following fee, none of which is refundable:
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(a) Class A, B, C (4-year) license with endorsements --
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age 21 years and older ........................................$40.00
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(b) Class A, B, C (3-year) license with endorsements --
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age 18 to 21 years ............................................$30.00
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(c) Class A, B, C (1-year) license with endorsements --
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age 20 years .................................................$15.00
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(d) Class D (3-year) license -- under age 18 years ..............$25.00
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(e) Class D (3-year) license -- age 18 to 21 years ..............$25.00
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(f) Class D (1-year) license -- age 17 years or age 20 years .....$15.00
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(g) Four-year Class D license -- age 21 years and older .........$30.00
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(h) Eight-year Class D license -- age 21 to 63 years ............$55.00
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(i) Commercial learner's permit ..............................$29.00
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(j) Class D instruction permit or supervised instruction permit
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............................................................$15.00
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(k) Duplicate driver's license or permit issued under
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(l) Driver's license extension issued under section
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(m) License classification change (upgrade) ..................$25.00
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(n) Endorsement addition ....................................$15.00
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(o) Class A, B, C skills tests not more than ...................$200.00
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(p) Class D skills test not more than ..........................$35.00
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(q) Motorcycle endorsement skills test not more than ...........$25.00
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(r) Knowledge test ..........................................$ 3.00
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(s) Seasonal driver's license ................................$39.00
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(t) One time Onetime motorcycle "M" endorsement ...............$15.00
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(u) Motorcycle endorsement instruction permit ................$15.00
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(v) Restricted driving permit or restricted school attendance
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driving permit ...............................................$60.00
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(2) A person who applies for a driver's license or a driver's license
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renewal may designate a voluntary contribution of two dollars ($2.00) for
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the purpose of promoting and supporting organ donation. Such a contribution
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shall be treated as a voluntary contribution to the organ donation contribu-
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cense fee.
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(3) Every application shall state the true and full name, date of birth,
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dress, if different, of the applicant, height, weight, hair color, and eye
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color, and the applicant's social security number as verified by the social
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security administration. If an applicant has submitted an application pur-
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cant may state, in his or her application pursuant to this section, the ap-
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idence address and mailing address. Notwithstanding the provisions of sec-
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C driver's license or nondomiciled commercial learner's permit having res-
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idency in a state that is prohibited from issuing class A, B or C driver's
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licenses or commercial learner's permits, as provided in 49 CFR 384, is ex-
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(a) The requirement that an applicant provide a social security number
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as verified by the social security administration shall apply only to
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applicants who have been assigned a social security number.
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(b) An applicant who has not been assigned a social security number
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shall:
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(i) Present written verification from the social security admin-
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istration that the applicant has not been assigned a social secu-
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rity number; and
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(ii) Submit a birth certificate, passport or other documentary
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evidence issued by an entity other than a state or the United
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States; and
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(iii) Submit such proof as the department may require that the ap-
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A driver's license, commercial learner's permit or any instruction
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permit issued on and after January 1, 1993, shall not contain an appli-
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cant's social security number. Applications on file shall be exempt
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from disclosure except as provided in sections 49-202, 49-203, 49-203A
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(c) Every application for a class A, B or C license shall state where the
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applicant has been licensed for the preceding ten (10) years and under
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which of the following driving categories the applicant will operate:
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(i) Non-excepted interstate. The applicant operates or expects
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to operate in interstate commerce, and is required to provide a
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medical examiner's certificate;
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(ii) Excepted interstate. The applicant operates or expects to
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operate in interstate commerce, but engages exclusively in trans-
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portation or operations excepted by the federal motor carrier
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safety administration from all or parts of the qualification re-
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quirements of federal motor carrier safety regulation 49, part
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391, and is therefore not required to provide a medical examiner's
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certificate;
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(iii) Non-excepted intrastate. The applicant operates only in
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qualification requirements and the applicable parts of federal
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motor carrier safety regulation 49, part 391, and is required to
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provide a medical examiner's certificate; or
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(iv) Excepted intrastate. The applicant operates in intrastate
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commerce, but engages exclusively in exempted transportation or
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applicable parts of federal motor carrier safety regulation 49,
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part 391, and is therefore not required to provide a medical exam-
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iner's certificate.
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All applications shall also state whether the applicant has previ-
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ously been licensed as a driver, and if so, when and by what state or
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country, and whether a driver's license or privileges have ever been
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suspended, revoked, denied, disqualified, canceled or whether an ap-
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plication has ever been refused, and if so, the date of and reason for
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the suspension, revocation, denial, disqualification, cancellation
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or refusal and the applicant's oath that all information is correct as
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signified by the applicant's signature.
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(d) The applicant must submit proof of identity acceptable to the exam-
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iner or the department and date of birth as set forth in a certified copy
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of his birth certificate. When a certified copy of his birth certifi-
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cate or a delayed birth certificate is impossible to obtain from a vital
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statistics agency, another government-issued document may be submitted
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that provides satisfactory evidence of a person's full legal name and
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date of birth acceptable to the examiner or the department.
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(e) Every applicant for a class A, B or C driver's license or commer-
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issuance, transfer, upgrade or renewal, unless the applicant's driving
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zenship or lawful permanent residency. Every applicant for a nondomi-
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ciled class A, B or C driver's license or commercial learner's permit
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domiciled in a foreign country must provide an unexpired employment au-
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thorization document issued by the department of homeland security or
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an unexpired foreign passport accompanied by an approved I-94 form doc-
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(f) Individuals required to register in compliance with section 3 of
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the federal military selective service act, 50 U.S.C. App. 451 et seq.,
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as amended, shall be provided an opportunity to fulfill such registra-
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tion requirements in conjunction with an application for a driver's li-
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cense, commercial learner's permit or instruction permit. Any regis-
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tration information so supplied shall be transmitted by the department
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to the selective service system.
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(4) Whenever an application is received from a person previously li-
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censed in another jurisdiction, the department shall request a copy of the
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driver's record from the other jurisdiction and shall contact the national
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driver register. When received, the driver's record from the previous ju-
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risdiction shall become a part of the driver's record in this state with the
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same force and effect as though entered on the driver's record in this state
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in the original instance.
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(5) Whenever the department receives a request for a driver's record
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from another licensing jurisdiction, the record shall be forwarded without
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charge.
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(6) The department shall contact and notify the commercial driver li-
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cense information system of the proposed application for a class A, B or C
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driver's license or commercial learner's permit to ensure identification of
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the person and to obtain clearance to issue the license.
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officer, they shall, except as provided in subsection (8) of this section,
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immediately:
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(a) Deposit an amount equal to five dollars ($5.00) from each driver's
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license except an eight-year class D license, or any class D instruction
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permit application fees, application for a duplicate driver's license
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or permit, classification change, seasonal driver's license and addi-
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tional endorsement, and ten dollars ($10.00) from each eight-year class
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D driver's license, in the current expense fund;
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(b) Deposit two dollars and fifty cents ($2.50) from each motorcycle
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endorsement and motorcycle endorsement instruction permit fee in the
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current expense fund;
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(c) Deposit an amount equal to three dollars ($3.00) from each fee for a
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knowledge test in the current expense fund;
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(d) Deposit an amount up to twenty-five dollars ($25.00) from each fee
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for a motorcycle endorsement skills test in the current expense fund;
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provided however, if a contractor administers the skills test he shall
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be entitled to the entire fee;
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(e) Remit the remainder to the state treasurer; and
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(f) Deposit up to twenty-eight dollars and fifty cents ($28.50) from
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unless the test is administered by a department-approved contractor, in
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which case the contractor shall be entitled to up to twenty-eight dol-
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lars and fifty cents ($28.50) of each fee.
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(8) When the fees required under this section are collected by a state
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officer or agency the department or an agent authorized by the department,
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they shall be paid over to the state treasurer. When the department or an
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agent authorized by the department collects the fees required under this
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the issuing authorized agent.
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(9) The state treasurer shall distribute the moneys received from fees
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ficer or by a state officer or agency as follows:
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(a) Two dollars ($2.00) of each fee for a four-year driver's license
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or seasonal driver's license, and four dollars ($4.00) of each fee for
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an eight-year class D driver's license, and one dollar and fifty cents
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($1.50) of each fee charged for driver's licenses pursuant to subsec-
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tion (1)(b), (d) and (e) of this section, and fifty cents (50¢) of each
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fee charged for driver's licenses pursuant to subsection (1)(c) and
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(f) of this section, shall be deposited in the emergency medical ser-
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($4.00) of each fee charged pursuant to subsection (1)(a), (g) and (s)
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of this section and eight dollars ($8.00) of each fee charged pursuant
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to subsection (1)(h) of this section and three dollars ($3.00) of each
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fee for driver's licenses pursuant to subsection (1)(b), (d) and (e) of
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this section, and one dollar ($1.00) of each fee charged for driver's
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licenses pursuant to subsection (1)(c) and (f) of this section shall be
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deposited in the emergency medical services fund III created in section
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(b) Twenty-eight dollars ($28.00) of each fee for a seasonal or class A,
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B or C driver's license, and nineteen dollars and fifty cents ($19.50)
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of each fee charged for a license pursuant to subsection (1)(b) of this
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section, and eight dollars and sixteen cents ($8.16) of each fee charged
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for a license pursuant to subsection (1)(c) of this section shall be de-
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posited in the state highway account;
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(c) Twenty dollars ($20.00) of each fee for a commercial learner's per-
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mit or driver's license classification change shall be deposited in the
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state highway account;
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(d) Four dollars ($4.00) of each fee for a commercial learner's permit
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shall be deposited in the emergency medical services fund III created in
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(e) Ten dollars ($10.00) of each fee for a duplicate seasonal or class
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A, B or C driver's license, class A, B or C driver's license extension,
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or additional endorsement shall be deposited in the state highway ac-
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count;
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(f) Seven dollars and fifty cents ($7.50) of each fee for a motorcycle
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endorsement and motorcycle endorsement instruction permit shall be de-
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posited in the state highway account;
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(g) Five dollars and thirty cents ($5.30) of each fee for a four-year
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class D driver's license, and ten dollars and sixty cents ($10.60) of
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each fee for an eight-year class D driver's license, and four dollars
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($4.00) of each fee charged for a license pursuant to subsection (1)(d)
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and (e) of this section, and one dollar and thirty-three cents ($1.33)
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of each fee charged for a license pursuant to subsection (1)(f) of this
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section shall be deposited in the driver training fund account;
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(h) Twelve dollars and seventy cents ($12.70) of each fee for a
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four-year class D driver's license, and twenty dollars and forty cents
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($20.40) of each fee for an eight-year class D driver's license, and ten
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dollars and fifty cents ($10.50) of each fee charged for a license pur-
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suant to subsection (1)(d) and (e) of this section, and six dollars and
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eighty-three cents ($6.83) of each fee charged for a license pursuant
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to subsection (1)(f) of this section shall be deposited in the highway
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distribution fund account;
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(i) Two dollars and sixty cents ($2.60) of each fee for a class D in-
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struction permit, duplicate class D license or permit, and class D li-
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cense extension shall be deposited in the driver training fund account;
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(j) Seven dollars and forty cents ($7.40) of each fee for a class D
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instruction permit, duplicate class D license or permit, and class D
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license extension shall be deposited in the highway distribution fund
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account;
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(k) Ten dollars ($10.00) of each fee for a class A, B or C skills test
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shall be deposited in the state highway account;
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(l) One dollar ($1.00) of each fee for a class A, B, C or four-year D
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driver's license, and two dollars ($2.00) of each fee for an eight-year
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class D driver's license, and one dollar ($1.00) of each fee charged for
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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
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
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
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
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
44
amended to read as follows:
45
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
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
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
31
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
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
46
47
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
14
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
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
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
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
9
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
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
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
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
40
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
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
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
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
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
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.