LEGISLATURE OF THE STATE OF IDAHO
Sixty-first Legislature Second Regular Session - 2012
IN THE SENATE
SENATE BILL NO. 1251
BY BOCK AND WERK
 AN ACT
 RELATING TO MOTOR VEHICLES AND CELLULAR TELEPHONES; AMENDING SECTION
 49-104, IDAHO CODE, TO REVISE DEFINITIONS; AND AMENDING CHAPTER 14,
 TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 49-1431, IDAHO
 CODE, TO PROHIBIT THE USE OF A CELLULAR TELEPHONE WHILE OPERATING A MO-
TOR VEHICLE, TO PROVIDE FOR EXCEPTIONS, TO PROVIDE THAT THE SEIZURE OR
 FORFEITURE OF A CELLULAR TELEPHONE IS NOT AUTHORIZED UNLESS OTHERWISE
 PROVIDED FOR IN LAW AND TO PROVIDE A PENALTY.
 Be It Enacted by the Legislature of the State of Idaho:
 SECTION 1. That Section 49-104, Idaho Code, be, and the same is hereby
 amended to read as follows:
 49-104. DEFINITIONS -- C. (1) "Cancellation of driver's license"
 means the annulment or termination by formal action of the department of a
 person's driver's license because of some error or defect in the driver's
 license or because the licensee is no longer entitled to the driver's license.
 The cancellation of a driver's license is without prejudice and after
 compliance with requirements, the individual may apply for a new driver's
 license at any time after cancellation.
 (2) "Caravaning" means the transportation of any motor vehicle into,
 out of, or within the state operating on its own wheels or in tow for the pur-
pose of sale or offer of sale by any agent, dealer, manufacturer's represen-
tative, purchaser, or prospective purchaser, regardless of residence unless
 the motor vehicle is licensed by the state of Idaho, or is owned by an auto-
mobile dealer, duly licensed as a dealer by this state. It shall also be con-
sidered as the transportation of property for hire by a motor vehicle upon
 the highways of this state.
 (3) "Cellular telephone" means a wireless telephone, often used
 in a motor vehicle, utilizing low powered radio transmitters, with each
 transmitter covering a distinct geographical area (cell), and utilizing
 electronic equipment to switch a call from one area to another, thus enabling
 large-scale portable telephone service.
 (4) "Certificate of liability insurance" means a certificate of lia-
bility insurance issued by an insurance company authorized to do business
 in this state or a certificate of liability insurance issued by the depart-
ment of insurance which demonstrates current insurance against loss result-
ing from liability imposed by law for bodily injury or death or damage to
 property suffered by any person caused by accident and arising out of the op-
eration, maintenance or use of a motor vehicle described in the certificate
 in an amount not less than that required by section 49-117(18), Idaho Code,
 and also demonstrates the current existence of any other coverage required
 by title 41, Idaho Code, or a certificate of self-insurance issued pursuant
 to law for each motor vehicle to be registered. A certificate of liability
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 insurance shall contain the information required by the department of insur-
ance, including the name and address of the owner of the motor vehicle and a
 description of the motor vehicle including identification number if there is
 one, or a statement that all vehicles owned by a person or entity are covered
 by insurance, the inception date of coverage, and the name of the insurer.
 "Certificate of liability insurance" may also include the original contract
 of liability insurance or a true copy, demonstrating the current existence
 of the liability insurance described in this subsection.
 (45) "Certification of safety compliance" means that a motor carrier
 certifies as part of its registration process that it has knowledge of the
 federal regulations and rules promulgated by the Idaho transportation de-
partment and the Idaho state police applicable to motor carriers.
 (56) "Chains" means metal traction devices required pursuant to sec-
tion 49-948, Idaho Code, which consist of two (2) circular metal loops, one
 (1) on each side of the tire, connected by not less than nine (9) evenly--
spaced chains across the tire tread.
 (67) "Coerce" means to compel or attempt to compel by threat or use of
 force.
 (78) "Commercial coach." (See section 39-4301, Idaho Code)
 (89) "Commercial driver's license" means any class A, class B or class C
 driver's license as defined in section 49-105, Idaho Code.
 (910) "Commercial driver license information system (CDLIS)" is the
 information system established to serve as a clearinghouse for locating
 information related to the licensing and identification of motor vehicle
 drivers.
 (101) "Commercial driver training school" means a business enterprise
 conducted by an individual, association, partnership, or corporation, for
 the education and training of persons, either practically or theoretically,
 or both, to operate or drive motor vehicles, and charging a consideration or
 tuition for such services.
 (112) "Commercial vehicle" or "commercial motor vehicle." (See "Vehi-
cle," section 49-123, Idaho Code)
 (123) "Compliance review" means an on-site examination of motor car-
rier operations, which may be at the carrier's place of business, including
 driver's hours of service, vehicle maintenance and inspection, driver
 qualifications, commercial driver's license requirements, financial re-
sponsibility, accidents, hazardous materials, and such other related safety
 and transportation records to determine safety fitness.
 (134) "Controlled substance" means any substance so classified under
 section 102(6) of the controlled substances act, 21 U.S.C. 802(6), and in-
cludes all substances listed on schedules I through V, of 21, CFR part 1308,
 as they may be revised from time to time.
 (145) "Conviction" means:
 (a) The person has pled guilty or has been found guilty, notwithstand-
ing the form of the judgment or withheld judgment. A conviction for pur-
poses of this title shall also include an infraction judgment.
 (b) For purposes of disqualification or withdrawal of commercial vehi-
cle driving privileges only, "conviction" means an unvacated adjudica-
tion of guilt, or determination that a person has violated or failed to
 comply with the law in a court of original jurisdiction or by an autho-
rized administrative tribunal, an unvacated forfeiture of bail or co-
lateral deposited to secure the person's appearance in court, a plea of
 guilty or nolo contendere accepted by the court, the payment of a fine or
 court cost, or violation of a condition of release without bail, regard-
less of whether or not the penalty is rebated, suspended or probated.
 (156) "Crosswalk" means:
 (a) That part of a highway at an intersection included within the con-
nections of the lateral lines of the sidewalks on opposite sides of the
 highway measured from the curbs or in the absence of curbs, from the
 edges of the traversable highway; and in the absence of a sidewalk on one
 side of the highway, that part of a highway included within the exten-
sion of the lateral lines of the existing sidewalk at right angles to the
 centerline.
 (b) Any portion of a highway at an intersection or elsewhere distinctly
 indicated for pedestrian crossing by lines or other markings on the sur-
face.
 SECTION 2. That Chapter 14, Title 49, Idaho Code, be, and the same is
 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
ignated as Section 49-1431, Idaho Code, and to read as follows:
 49-1431. USE OF CELLULAR TELEPHONE WHILE OPERATING A MOTOR VEHI-
CLE. (1) No person shall operate a motor vehicle upon a public highway while
 using a cellular telephone to engage in a call, which includes initiating a
 call, answering a call or listening to or participating in a verbal communi-
cation through the cellular telephone.
 (2) The provisions of subsection (1) of this section shall not apply to
 an individual who is using a cellular telephone device to do any of the fol-
lowing:
 (a) Report a traffic accident, medical emergency, fire or serious road
 hazard;
 (b) Report a situation in which the person reasonably believes his per-
sonal safety is in jeopardy;
 (c) Report or avert the perpetration or potential perpetration of a
 criminal act against the individual or another person; or
 (d) Carry out official duties as a police officer, law enforcement of-
ficial, member of a paid or volunteer fire department or operator of an
 authorized emergency vehicle.
 (3) The prohibition in subsection (1) of this section shall not apply
 to an individual who is using a headset, voice-activated or other hands free
 device.
 (4) The provisions of this section shall not be construed as authoriz-
ing the seizure or forfeiture of a cellular telephone, unless otherwise pro-
vided by law.
 (5) A violation of the provisions of subsection (1) of this sec-
tion shall be an infraction punishable by a fine of seventy-five dollars
 ($75.00).

 LEGISLATURE OF THE STATE OF IDAHO
Sixty-first Legislature Second Regular Session - 2012
IN THE SENATE
SENATE BILL NO. 1252
BY BOCK AND WERK
 AN ACT
 RELATING TO DRIVING WHILE TEXTING; AMENDING SECTION 49-121, IDAHO CODE, TO
 DEFINE THE TERM "TEXTING"; AMENDING SECTION 49-529, IDAHO CODE, TO PRO-
VIDE A CORRECT CODE REFERENCE; AND AMENDING CHAPTER 6, TITLE 49, IDAHO
 CODE, BY THE ADDITION OF A NEW SECTION 49-675, IDAHO CODE, TO PROHIBIT
 TEXTING WHILE DRIVING A MOTOR VEHICLE, TO PROVIDE FOR EXCEPTIONS AND TO
 PROVIDE PENALTIES.
 Be It Enacted by the Legislature of the State of Idaho:
 SECTION 1. That Section 49-121, Idaho Code, be, and the same is hereby
 amended to read as follows:
 49-121. DEFINITIONS -- T. (1) "Temporary supplemental lot" means a
 location other than the principal place of business, or supplemental lot
 within the same or adjacent county as the principal place of business, where
 a licensed dealer may secure a license to conduct the business and is li-
censed for a period of time not to exceed ten (10) days for a specific purpose
 such as auto shows, auctions, shopping center promotions, tent sales, etc.
 Temporary supplemental lots shall meet all local zoning and building codes
 for the type of business being conducted. The requirements for a principal
 place of business shall not be applicable to temporary supplemental lot lo-
cations. The adjacent county restriction shall not apply if the dealer holds
 the franchise for the products to be displayed or sold and has approval from
 a manufacturer for the location where the proposed temporary supplemental
 lot license will be issued by the department. Nonfranchised dealers shall be
 permitted to temporarily display or sell their products within a one hundred
 seventy-five (175) mile radius of their principal place of business, upon
 approval by the department.
 (2) "Texting" means engaging in the manual preparation and transmis-
sion of written communications via handheld wireless devices except that
 texting by persons driving law enforcement, fire or emergency medical vehi-
cles shall be exempt while engaging in the course and scope of their duties.
 This definition does not include voice-operated or hands free devices that
 allow the user to review, prepare and transmit a text message without the use
 of either hand other than to activate, deactivate or initiate a feature or
 function or to dial a telephone number.
 (3) "Tires" means:
 (a) Metal. Every tire the surface of which in contact with the highway
 is wholly or partly of metal or other hard, nonresilient material.
 (b) Pneumatic. Every tire in which compressed air is designed to sup-
port the load.
 (c) Snow tire. Every rubber tire with tread design or material embedded
 in the tire to improve winter traction except studded tires.
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 (d) Solid rubber. Every tire of rubber or other resilient material
 which does not depend upon compressed air for the support of the load.
 (e) Studded tire. Every tire with built-in lugs of tungsten carbide
 or other suitable material designed to contact the road surface for im-
proved winter traction.
 (34) "Traffic" means pedestrians, ridden or herded animals, vehicles,
 streetcars and other conveyances either singly or together while using any
 highway for purposes of travel.
 (45) "Traffic lane" or "lane of travel" means that portion of the road-
way for movement of a single line of vehicles.
 (56) "Traffic-control device" means any device, whether manually,
 electrically or mechanically operated, placed or erected by authority of a
 public body or official having jurisdiction, for the purpose of regulating,
 warning or guiding traffic.
 (67) "Trailer" means:
 (a) General. Every vehicle without motive power designed for carrying
 persons or property and for being drawn by a motor vehicle.
 (b) Fifth-wheel trailer. A vehicular unit equipped in the same manner
 as a travel trailer but constructed with a raised forward section that
 allows a bi-level floor plan. This style is designed to be towed by a ve-
hicle equipped with a device known as a fifth-wheel hitch, which is typ-
ically installed in the bed of a pickup truck.
 (c) Fold down camping trailer. A vehicular portable unit mounted on
 wheels and constructed with collapsible partial side walls, which fold
 for towing by another vehicle and unfold at the campsite to provide tem-
porary living quarters, for recreational, camping or travel use.
 (d) Park trailer. A trailer designed to be towed by a motorized ve-
hicle, and of such size and weight as not to require a special highway
 movement permit. It is designed for seasonal or temporary living
 quarters and may be connected to utilities necessary for operation of
 installed fixtures and appliances. It is built on a single permanent
 chassis and constructed to permit set up by persons without special
 skills.
 (e) Pole trailer. Every vehicle without motive power designed to be
 drawn by another vehicle and attached to the towing vehicle by means of
 a reach or pole or by being boomed or otherwise secured to the towing ve-
hicle, and ordinarily used for transporting long or irregularly shaped
 loads such as poles, pipes, or structural members capable, generally,
 of sustaining themselves as beams between the supporting connections.
 (f) Semitrailer. Every vehicle without motive power, designed for car-
rying persons or property and for being drawn by a motor vehicle and so
 constructed that some part of its weight and that of its load rests upon
 or is carried by the towing vehicle.
 (g) Travel trailer. A vehicular unit, mounted on wheels designed to
 provide temporary living quarters for recreational, camping, travel or
 emergency use and of such size or weight as not to require special high-
way movement permits when towed by a motorized vehicle.
 (h) Utility trailer. (See "Utility trailer," section 49-122, Idaho
 Code)
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 (78) "Transitional ownership document" means a document used to per-
fect a lien against creditors or subsequent purchasers when the primary own-
ership document is not available and the selling dealer, new security inter-
est holder or their agent, to the best of their knowledge, will not have pos-
session of the primary ownership document, within thirty (30) days, and con-
tains all of the following:
 (a) The date of sale or if no sale is involved, the date the contract or
 security agreement being perfected was signed;
 (b) The name and address of each owner of the vehicle;
 (c) The name and address of each security interest holder;
 (d) If there are multiple security interest holders, the priorities of
 interest if the security interest holders do not jointly hold a single
 security interest;
 (e) The vehicle identification number;
 (f) The name of the security interest holder or person who submits the
 transitional ownership document for the security interest holder; and
 (g) Any other information the department may require for its records.
 (89) "Transportation," for the purposes of chapter 22, title 49, Idaho
 Code, means the movement of any regulated quantity of hazardous material or
 hazardous waste within, through, or to any destination in this state upon the
 highways of this state.
 (910) "Transporter" means every person engaged in the business of de-
livering vehicles of a type required to be registered from a manufacturing,
 assembling or distributing plant to dealers or sales agents of a manufac-
turer, except in chapter 22, title 49, Idaho Code, where it means any person
 who transports a hazardous material or hazardous waste within, through, or
 to any destination upon the highways of this state.
 (101) "Truck" means:
 (a) Refuse/sanitation. Any vehicle designed and used solely for the
 purpose of transporting refuse.
 (b) General. Every motor vehicle exceeding eight thousand (8,000)
 pounds gross weight designed, used or maintained primarily for the
 transportation of property.
 (c) Pickup truck. Every motor vehicle eight thousand (8,000) pounds
 gross weight or less which is designed, used or maintained primarily for
 the transportation of property.
 (d) Truck camper. A portable unit constructed to provide temporary
 living quarters for recreational, travel or camping use, consisting of
 a roof, floor, and sides, designed to be loaded onto and unloaded from
 the bed of a pickup truck, and containing at least one (1) of the follow-
ing facilities: stove; refrigerator or icebox; self-contained toilet;
 heater or air conditioner; potable water supply including a faucet and
 sink; separate 110-125 volt electrical power supply; or LP-gas supply.
 Truck campers originally constructed with an overall length of six (6)
 feet or longer shall be titled as provided in chapter 5 of this title 49.
 A truck camper does not include pickup hoods, shells or canopies.
 (e) Truck tractor. Every motor vehicle designed and used primarily for
 drawing other vehicles but not so constructed as to carry a load other
 than a part of the weight of the vehicle and load so drawn.
4
 (112) "True mileage driven" means the mileage of the vehicle as regis-
tered by the odometer within the manufacturer's designed tolerance.
SECTION 2. That Section 49-529, Idaho Code, be, and the same is hereby
 amended to read as follows:
 49-529. MANDATORY REJECTION OR INVALIDATION OF TRANSITIONAL OWNER-
SHIP DOCUMENT BY DEPARTMENT. The transportation department shall reject,
 return or subsequently invalidate a transitional ownership document if:
 (1) More than thirty (30) days have elapsed between the date of sale,
 or if no sale is involved, more than thirty (30) days have elapsed between
 the date the contract or security interest being perfected was signed and the
 date the transitional ownership document is received by the department;
 (2) The transitional ownership document does not contain all of the in-
formation contained in section 49-121(78), Idaho Code;
 (3) It is determined that persons named on the transitional ownership
 document as having a security interest did not have a security interest on
 the date the transitional ownership document was received;
 (4) It is determined the person who submitted the transitional owner-
ship document made false statements in completing the transitional owner-
ship document;
 (5) The department does not receive the primary ownership document from
 the date of sale within ninety (90) days of the date of sale or if no sale
 is involved, within ninety (90) days from the date the security agreement or
 contract was signed;
 (6) The security interest holder or person submitting the transitional
 ownership document elects to retain, requests it be returned or requests
 that the transitional ownership document be withdrawn; or
 (7) The information on or in the transitional ownership document has
 been changed or altered in a manner that is not acceptable to the department.
 SECTION 3. That Chapter 6, Title 49, Idaho Code, be, and the same is
 hereby amended by the addition thereto of a NEW SECTION, to be known and des--1
ignated as Section 49-675, Idaho Code, and to read as follows:
 49-675. TEXTING WHILE DRIVING PROHIBITED -- PENALTY. (1) Texting, as
 that term is defined in section 49-121, Idaho Code, while driving a moving
 motor vehicle shall be prohibited. Persons driving law enforcement, fire
 or emergency medical vehicles, while acting within the course and scope of
 their duties, shall be exempt from the provisions of this section.
 (2) A first violation of the provisions of this section where no prop-
erty damage or injury to any person occurs shall be an infraction punishable
 by a fixed penalty of fifty dollars ($50.00), plus court costs. A second and
 any subsequent violation of the provisions of this section where no property
 damage or injury to any person occurs shall be an infraction punishable by a
 fixed penalty of one hundred dollars ($100), plus court costs. A violation
 of the provisions of this section where property damage or injury to any per-
son occurs shall be a misdemeanor punishable by a fine of not more than three
 hundred dollars ($300) and imprisonment of up to ninety (90) days in jail, or
 both such fine and imprisonment.

Gun Owners of America Supports CCW Reform Bill
SB1126 restores constitutional right to carry
 
A bill introduced in the Idaho state senate would allow law-abiding citizens to carry a concealed firearm without first having to obtain a permit from the government.

This bill, SB 1126, is commonsense legislation. Citizens have a fundamental, constitutional right to keep and bear arms. That right is turned into a privilege if citizens first have to go to the government to obtain "permission" to carry a firearm.

Furthermore, no violent criminal is going to stand in line at the police station or sheriff's office to apply for a concealed carry permit. So the permitting system only impedes the good guys, while not affecting the criminal element.

How will this affect reciprocity?

For purposes of reciprocity with other states, SB 1126 makes obtaining a permit OPTIONAL. If you desire to get one for reciprocity or other purposes, you will still be able to do so --- but you won't HAVE to.

Essentially, with the passage of this bill, law-abiding Idaho citizens will no longer have to beg government permission to exercise a right; no longer be faced with bureaucratic hoops to jump through; and, no longer be registered as a gun owner. There simply will not be any permit required to carry either openly or concealed.

This is a concept whose time has come. Idaho gun owners are urged to get behind the bill and help send it to pro-gun Gov. Butch Otter's desk.
 
The following Senators are members of the Senate State Affairs Committee.
Please contact the members of the Committee and urge them to support SB 1126.
It's important that the legislators hear that Second Amendment supporters will back them in this effort.
 
Senate State Affairs Committee:

Senator Curt McKenzie (R-12), Chairman
Phone: (208) 332-1326

Senator Russell M. Fulcher (R-21), Vice Chairman
RFulcher@senate.idaho.gov

Senator Bart M. Davis (R-33)
(208) 332-1305
BDavis@senate.idaho.gov

Senator Brent Hill (R-34)
(208) 332-1300
BHill@senate.idaho.gov

Senator John McGee (R-10)
(208) 332-1304
JMcGee@senate.idaho.gov

Senator Chuck Winder (R-14)
(208) 332-1354
CWinder@senate.idaho.gov

Senator Patti Anne Lodge (R-13)
PLodge@senate.idaho.gov

Senator Edgar J. Malepeai (D-30)
(208) 332-1406
EMalepeai@senate.idaho.gov

Senator Michelle Stennett (D-25)
(208) 332-1353
MStennett@senate.idaho.gov

Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102
Springfield, VA 22151
703-321-8585
www.gunowners.org

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