House Bill 422 — Idaho Driving Business Act

House Bill 422 — Idaho Driving Business Act

by
Lindsay Atkinson
February 10, 2020
Lindsay Atkinson
February 10, 2020

Bill description: HB 422 reduces some of the regulatory burden on driving instructors, but it also removes caps set on license fees for driving business-related licenses.

Rating: +2

Does it increase barriers to entry into the market? Examples include occupational licensure, the minimum wage, and restrictions on home businesses. Conversely, does it remove barriers to entry into the market? 

HB 422 reduces some requirements imposed on driving instructors when they are completing their apprenticeship program. Before becoming a licensed driving instructor under current law, an applicant has to complete an apprenticeship program that has 60 hours of classroom instruction and 108 hours behind the wheel. This bill would reduce the number of hours needed to 30 hours of classroom instruction and 50 hours behind the wheel.

(+1)

Additionally, this bill removes a mandate set by the Legislature that the Idaho State Driving Business Licensure Board must require driving instructors to complete continuing education, and instead makes it optional to the board whether or not to require continuing education.

(+1)

Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for nonviolent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?

HB 422 removes crimes "involving moral turpitude" as "grounds for discipline" of a driving instructor or driving business and replaces it with "a crime that reflects upon the qualifications, functions, or duties of a driving business or driving business instructor." While "reflects upon" still leaves some ambiguity in the law, it is far less ambiguous than "moral turpitude."

(+1)

Does it directly or indirectly create or increase any taxes, fees, or other assessments? Conversely, does it eliminate or reduce any taxes, fees, or other assessments? 

Under current law, the Idaho State Driving Business Licensure Board is allowed to set the fee for driving instructors and driving businesses in rule, but it is bound to follow the upper fee limit as set by the Idaho Legislature. Currently, those upper fee limits are: $100 to apply for any license, $100 to secure an instructor license or to renew it, and $900 to secure a license for a driving-instruction business or to renew it.  

If this bill becomes law, it would repeal that upper fee limit and leave the licensing fee completely to the discretion of the licensing board. Currently, the board sets these fees at: $25 for an application, $25 for an original license or license renewal for a driving instructor, and $125 for an original license or license renewal for a driving business.

(-1)


Analyst’s Note: This bill rating was updated on 2/10 with assistance from Parrish Miller.

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