Amends and adds to existing law to provide for suspension of driver's licenses when a person is 30 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. 791
BY WAYS AND MEANS COMMITTEE
AN ACT	1
RELATING TO TRAFFIC INFRACTIONS; AMENDING SECTION 49-328, IDAHO CODE, TO	2
PROVIDE FOR REINSTATEMENT OF A DRIVER'S LICENSE THAT HAS BEEN SUS-	3
PENDED; AMENDING CHAPTER 15, TITLE 49, IDAHO CODE, BY THE ADDITION OF	4
A NEW SECTION 49-1505, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING	5
SUSPENSION OF DRIVER'S LICENSES AND PRIVILEGES FOR FAILURE TO PAY UN-	6
DERLYING TRAFFIC INFRACTION PENALTIES AND TO PROVIDE FOR APPEALS; AND	7
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 hereby	10
amended to read as follows:	11
49-328. REINSTATEMENT OF REVOKED, DISQUALIFIED OR SUSPENDED DRIVER'S	12
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 longer	15
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 department	18
and accompanied by a reinstatement fee of twenty-five dollars ($25.00) which	19
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, for	22
failure to pay an infraction penalty shall be reinstated upon application	23
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 that	26
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 reinstating	29
a driver's license after conviction for driving under the influence, without	30
privileges, and after conviction or other violation of any other traffic-re-	31
lated misdemeanor or infraction, of which fees forty dollars ($40.00) shall	32
be paid over to the county treasurer of the county in which the conviction	33
occurred for support of that county's justice fund, or the current expense	34
fund if no county justice fund has been established, and the twenty dollars	35
($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 provisions	39
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-related	41
offense, other than a suspension imposed upon a person under eighteen (18)	42

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years of age pursuant to section 18-1502(d), Idaho Code. Funds collected	1
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 not	4
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 is	9
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 TO	12
PAY UNDERLYING TRAFFIC INFRACTION PENALTY -- APPEAL. (1) Beginning on Jan-	13
uary 1, 2027, the department shall suspend the driver's license, permit, and	14
operating privileges of any driver who has unpaid fines for infractions upon	15
receiving notice from any court of the state that such person is thirty (30)	16
days or more delinquent in paying the penalty for a traffic infraction judg-	17
ment. The notice may be sent to the department by any court, which shall cer-	18
tify that a judgment for an infraction from a moving violation, not includ-	19
ing citations issued to a pedestrian or a bicyclist or for those involving a	20
parking violation, has been entered against the person and that he has failed	21
to pay the penalty after notice and hearing, or opportunity for hearing, as	22
prescribed by rule of the supreme court. In lieu of sending notice to the de-	23
partment, the court may, in its discretion, establish a payment plan for the	24
person failing to pay the penalty pursuant to section 49-1207, Idaho Code,	25
and no notice of nonpayment of an infraction penalty shall be sent to the de-	26
partment if the court finds that the person failing to pay the penalty has a	27
complete and continuing financial inability to pay the penalty.	28
(2) The suspension shall be processed by the department in the same man-	29
ner as other suspensions under section 49-326, Idaho Code, except that no	30
hearing shall be held by the department. Upon receipt of the notice of non-	31
payment of the penalty from the court, the department shall perform the min-	32
isterial duty of giving official notification of suspension or nonrenewal of	33
the driver's license and operating privileges.	34
(3) The department shall reinstate a driver's license, permit, or priv-	35
ileges that have been suspended pursuant to this section upon proper appli-	36
cation and payment of any required fees with proof of payment of the infrac-	37
tion penalty. Upon payment of the infraction penalty, the court shall issue	38
a receipt of proof of payment, which may be filed with the department.	39
(4) A driver's license, permit, or driving privileges that were sus-	40
pended pursuant to this section shall not be reinstated under the provisions	41
of section 49-328, Idaho Code, until the penalty for the infraction has been	42
paid to the court in the county in which the citation was issued.	43
(5) Any person operating a motor vehicle during a suspension issued	44
pursuant to the provisions of this section, whose driver's license, per-	45
mit, or privileges have not been reinstated under the provisions of section	46
49-328, Idaho Code, shall be in violation of the provisions of section	47
49-301, Idaho Code, for operating a motor vehicle without a driver's li-	48
cense.	49

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(6) Any person whose driver's license, permit, or privileges have been	1
suspended under this section may appeal to the district court in the county	2
where the infraction judgment was entered within the time and in the man-	3
ner provided for criminal appeals from the magistrate division to the dis-	4
trict court. The appeal shall be expedited as provided by rule of the supreme	5
court. If the district court finds that the notice of nonpayment of the in-	6
fraction penalty should not have been sent to the department for suspension	7
of the driver's license, permit, or privileges, the district court shall or-	8
der the privileges be reinstated by the department, and upon receipt of a	9
copy of such order, the department shall reinstate the privileges without	10
the payment of a fee.	11
(7) For a person whose driver's license, permit, or operating priv-	12
ileges were suspended pursuant to this section, the department may, in	13
its discretion, issue a temporary restricted permit to allow the person to	14
travel to and from his place of employment only.	15
(8) It shall not be a violation of this section for a person to operate a	16
motor vehicle during a suspension issued pursuant to this section for medi-	17
cal emergencies.	18
(9) Beginning July 1, 2026, the court shall provide the department in-	19
formation regarding persons with unpaid fines for infractions, considered	20
by this section, that are thirty (30) days or more delinquent. The depart-	21
ment shall send notices to such persons prior to January 1, 2027, of future	22
enforcement of the penalties of this section.	23
SECTION 3. An emergency existing therefor, which emergency is hereby	24
declared to exist, this act shall be in full force and effect on and after its	25
passage and approval.	26

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