Amends and adds to existing law to provide for suspension of driver's licenses when a person is 60 days or more delinquent in paying the penalty for a moving traffic infraction.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 927 BY WAYS AND MEANS COMMITTEE AN ACT1 RELATING TO TRAFFIC INFRACTIONS; AMENDING SECTION 49-328, IDAHO CODE, TO2 PROVIDE FOR REINSTATEMENT OF A DRIVER'S LICENSE THAT HAS BEEN SUS-3 PENDED; AMENDING CHAPTER 15, TITLE 49, IDAHO CODE, BY THE ADDITION OF4 A NEW SECTION 49-1505, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING5 SUSPENSION OF DRIVER'S LICENSES AND PRIVILEGES FOR FAILURE TO PAY UN-6 DERLYING TRAFFIC INFRACTION PENALTIES AND TO PROVIDE FOR APPEALS; AND7 DECLARING AN EMERGENCY.8

Be It Enacted by the Legislature of the State of Idaho:9

SECTION 1. That Section 49-328, Idaho Code, be, and the same is hereby10 amended to read as follows:11 49-328. REINSTATEMENT OF REVOKED, DISQUALIFIED OR SUSPENDED DRIVER'S12 LICENSE -- FEE -- WHEN REINSTATEMENT PROHIBITED. (1) When the period of re-13 vocation, disqualification or suspension of a driver's license has expired,14 or the reason for the revocation, disqualification or suspension no longer15 exists, the department shall reinstate the driver's license or driving priv-16 ileges on application of the driver.17 (2) The application shall be in the form prescribed by the department18 and accompanied by a reinstatement fee of twenty-five dollars ($25.00) which19 shall be deposited in the state highway account.20 (3) A driver's license shall not be suspended for failure to pay an in-21 fraction penalty. All driver's licenses suspended prior to July 1, 2018, for22 failure to pay an infraction penalty shall be reinstated upon application23 and without charge to the applicant. A driver's license that has been sus-24 pended pursuant to section 49-1505, Idaho Code, for failure to pay an infrac-25 tion penalty shall not be reinstated until the licensee provides proof that26 the infraction penalty has been paid to the court.27 (4) In addition to any other fees required in this section to be col-28 lected, the department shall collect sixty dollars ($60.00) for reinstating29 a driver's license after conviction for driving under the influence, without30 privileges, and after conviction or other violation of any other traffic-re-31 lated misdemeanor or infraction, of which fees forty dollars ($40.00) shall32 be paid over to the county treasurer of the county in which the conviction33 occurred for support of that county's justice fund, or the current expense34 fund if no county justice fund has been established, and the twenty dollars35 ($20.00) shall be deposited in the state highway account.36 (5) In addition to any other fees required in this section to be col-37 lected, the department shall collect two hundred dollars ($200) for rein-38 stating a driver's license after a suspension imposed under the provisions39 of section 18-8002 or section 18-8002A, Idaho Code, or after a revocation,40 disqualification or suspension arising out of any alcohol or drug-related41 offense, other than a suspension imposed upon a person under eighteen (18)42

2 years of age pursuant to section 18-1502(d), Idaho Code. Funds collected1 pursuant to this subsection shall be deposited in the state highway account.2 (6) When there is more than one (1) reason why a driver's license was re-3 voked or suspended or why a driver was disqualified, the department shall not4 collect multiple fees for reinstatement, but shall only collect one (1) re-5 instatement fee, which shall be the greater reinstatement fee, provided how-6 ever, the department shall collect a reinstatement fee for each revocation,7 disqualification or suspension under chapter 80, title 18, Idaho Code.8

SECTION 2. That Chapter 15, Title 49, Idaho Code, be, and the same is9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-10 ignated as Section 49-1505, Idaho Code, and to read as follows:11 49-1505. SUSPENSION OF DRIVER'S LICENSE AND PRIVILEGES FOR FAILURE TO12 PAY UNDERLYING TRAFFIC INFRACTION PENALTY -- APPEAL. (1) Beginning on Jan-13 uary 1, 2027, the department shall suspend the driver's license, permit, and14 operating privileges of any driver who has unpaid fines for infractions upon15 receiving notice from any court of the state that such person is sixty (60)16 days or more delinquent in paying the penalty for a traffic infraction judg-17 ment or an established payment plan. The notice may be sent to the depart-18 ment by any court, which shall certify that a judgment for an infraction from19 a moving violation, not including citations issued to a pedestrian or a bi-20 cyclist or for those involving a parking violation, has been entered against21 the person and such person has failed to pay the penalty.22 (2) The suspension shall be processed by the department in the same man-23 ner as other suspensions under section 49-326, Idaho Code, except that no24 hearing shall be held by the department. Upon receipt of the notice of non-25 payment of the penalty from the court, the department shall perform the min-26 isterial duty of giving official notification of suspension or nonrenewal of27 the driver's license and operating privileges.28 (3) The department shall reinstate a driver's license, permit, or priv-29 ileges that have been suspended pursuant to this section upon proper appli-30 cation and payment of any required fees with proof of payment of the infrac-31 tion penalty. Upon payment of the infraction penalty, the court shall issue32 a receipt of proof of payment, which may be filed with the department.33 (4) A driver's license, permit, or driving privileges that were sus-34 pended pursuant to this section shall not be reinstated under the provisions35 of section 49-328, Idaho Code, until the penalty for the infraction has been36 paid to the court in the county in which the citation was issued.37 (5) Any person operating a motor vehicle during a suspension issued38 pursuant to the provisions of this section, whose driver's license, per-39 mit, or privileges have not been reinstated under the provisions of section40 49-328, Idaho Code, shall be in violation of the provisions of section41 49-301, Idaho Code, for operating a motor vehicle without a driver's li-42 cense.43 (6) Any person whose driver's license, permit, or privileges have been44 suspended under this section may appeal to the district court in the county45 where the infraction judgment was entered within the time and in the man-46 ner provided for criminal appeals from the magistrate division to the dis-47 trict court. The appeal shall be expedited as provided by rule of the supreme48 court. If the district court finds that the notice of nonpayment of the in-49

3 fraction penalty should not have been sent to the department for suspension1 of the driver's license, permit, or privileges, the district court shall or-2 der the privileges be reinstated by the department, and upon receipt of a3 copy of such order, the department shall reinstate the privileges without4 the payment of a fee.5 (7) For a person whose driver's license, permit, or operating priv-6 ileges were suspended pursuant to this section, the department may, in7 its discretion, issue a temporary restricted permit to allow the person to8 travel to and from his place of employment only.9 (8) It shall not be a violation of this section for a person to operate a10 motor vehicle during a suspension issued pursuant to this section for medi-11 cal emergencies.12

SECTION 3. An emergency existing therefor, which emergency is hereby13 declared to exist, this act shall be in full force and effect on and after its14 passage and approval.15