Idaho Bills

Amends existing law to prohibit local authorities from adopting ordinances that prohibit or restrict the use of handheld wireless devices and to provide for distracted driving.

This legislation prevents local authorities from implementing ordinances that prohibit or restrict the use of handheld wireless devices while driving and eliminates any such locally imposed regulation as of July 1, 2020. This legislation also updates and clarifies what are classified as distracted driving conditions including the use of handheld wireless devices.

Adds to existing law to prohibit smoking or vaping in a motor vehicle when a minor is present.

Amends existing law to provide that suspension of driving privileges shall be vacated in certain instances.

Adds to existing law to provide for voluntary contributions for organ donation education at the time of application for motor vehicle registration or motor vehicle registration renewal.

Provides for a voluntary donation contributions of up to $5.00 which may be made at the time of registering or re-registering a vehicle in the state of Idaho. These voluntary funds will go to an organ donation education fund.

Amends existing law to revise a provision regarding the installation of an ignition interlock device, to provide for a petition for relief in certain instances, and to revise provisions regarding judicial review.

Idaho’s driving while intoxicated law provides that a person refusing evidentiary testing or failing evidentiary testing will automatically have his/her driver’s license suspended and be ordered to install ignition interlock devices on the vehicles he/she drives for 12 months. A court may waive the ignition interlock requirement if, by clear and convincing evidence, a court finds that the person will not present a danger to the public or there are exceptional or mitigating circumstances demonstrating that installation of the device is unnecessary or unwarranted. This legislation amends Idaho Code Sections 18-8002(12) and 18-8002A(8) to clarify the waiver provision as follows: • If no civil or criminal case is pending relating to the order to install the ignition interlock device, a person may file a waiver petition in the magistrate court within 30 days of the installation order; • The installation requirement is stayed while a waiver petition is pending or being appealed; • The Idaho Transportation Department (ITD) is not a party to the waiver proceeding; and • A court order granting a waiver petition applies to all statutory installation requirements.