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S1511................................................by JUDICIARY AND RULES
MOTOR VEHICLES - LIABILITY INSURANCE - Amends existing law to provide that,
if a court has not ordered the Idaho Transportation Department to suspend
the driving privileges of any persons convicted of a violation of the
provisions of the section regarding motor vehicle financial responsibility,
the department may rescind the suspension action, only if the driver can
prove by sufficient evidence that the legally required motor vehicle
insurance or other required evidence of financial responsibility was in
force and effect at the time of the issuance of the citation; and to
provide that no reinstatement fee will be assessed for rescinding the
suspension action.
02/23 Senate intro - 1st rdg - to printing
02/24 Rpt prt - to Jud
03/03 Rpt out - rec d/p - to 2nd rdg
03/04 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 30-0-5
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Darrington, Deide, Frasure, Geddes, Hansen, Hawkins, Ingram, Keough,
King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy,
Schroeder, Sorensen, Stennett, Sweeney, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Branch, Danielson, Dunklin, Ipsen, Thorne
Floor Sponsor - Sandy
Title apvd - to House
03/09 House intro - 1st rdg - to Transp
03/17 Rpt out - rec d/p - to 2nd rdg
03/18 2nd rdg - to 3rd rdg
03/18 Rls susp - PASSED - 60-0-10
AYES -- Alltus, Barraclough, Bell, Bieter, Bivens, Black(15),
Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22), Jones(20),
Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford,
Loertscher, Mader, Marley, McKague, Meyer, Mortensen, Pischner,
Pomeroy, Reynolds, Richman, Ridinger, Robison, Sali, Schaefer,
Stoicheff, Stone, Stubbs, Taylor, Tilman, Watson, Wheeler,
Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Barrett, Crane, Crow, Hansen, Miller, Newcomb,
Stevenson, Tippets, Trail, Wood
Floor Sponsor - Ridinger
Title apvd - to Senate
03/19 To enrol
03/20 Rpt enrol - Pres signed
03/23 Sp signed - to Governor
03/24 Governor signed
Session Law Chapter 275
Effective: 03/24/98
S1511|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1511 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO MOTOR VEHICLE FINANCIAL RESPONSIBILITY; AMENDING SECTION 49-1232, 3 IDAHO CODE, TO PROVIDE IF A COURT HAS NOT ORDERED THE TRANSPORTATION 4 DEPARTMENT TO SUSPEND THE DRIVING PRIVILEGES OF ANY PERSON CONVICTED OF A 5 VIOLATION OF THE PROVISIONS OF THE SECTION REGARDING MOTOR VEHICLE FINAN- 6 CIAL RESPONSIBILITY, THE DEPARTMENT MAY RESCIND THE SUSPENSION ACTION, 7 ONLY IF THE DRIVER CAN PROVE BY SUFFICIENT EVIDENCE THAT THE LEGALLY 8 REQUIRED MOTOR VEHICLE INSURANCE OR OTHER REQUIRED EVIDENCE OF FINANCIAL 9 RESPONSIBILITY WAS IN FORCE AND EFFECT AT THE TIME OF THE ISSUANCE OF THE 10 CITATION AND TO PROVIDE THAT NO REINSTATEMENT FEE WILL BE ASSESSED FOR 11 RESCINDING THE SUSPENSION ACTION UNDER THIS SECTION; AND DECLARING AN 12 EMERGENCY. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 49-1232, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 49-1232. CERTIFICATE OR PROOF OF LIABILITY INSURANCE TO BE CARRIED IN 17 MOTOR VEHICLE. (1) A certificate or proof of liability insurance shall be in 18 the possession of the operator of every motor vehicle or present in every 19 motor vehicle at all times when the vehicle is operated within this state. The 20 certificate or proof of liability insurance shall be provided for inspection 21 to any peace officer upon request to the operator of any motor vehicle. No 22 person shall be convicted of violating this section if that person produces at 23 any time prior to conviction the certificate or proof of liability insurance 24 covering the motor vehicle that person is accused of operating in violation of 25 this section, where the certificate or proof of liability insurance demon- 26 strates the existence of liability insurance described in section 49-1212, 27 Idaho Code, which was in effect at the time of occurrence of the violation. 28 (2) If the court has not ordered the department to suspend the 29 driving privileges of any person convicted of a violation of the provisions of 30 this section, the department may rescind the suspension action, only if the 31 driver can prove by sufficient evidence that the legally required motor vehi- 32 cle insurance or other required evidence of financial responsibility was in 33 force and effect at the time of the issuance of the citation. No reinstatement 34 fee will be assessed for rescinding the suspension action under this section. 35 36 (3) It is an infraction punishable by a fine of seventy-five 37 dollars ($75.00) for any person to violate the provisions of this section. 38 SECTION 2. An emergency existing therefor, which emergency is hereby 39 declared to exist, this act shall be in full force and effect on and after its 40 passage and approval.
STATEMENT OF PURPOSE
RS 08084
This legislation amends Section 49-1232, Idaho Code, to provide
that if a court has not ordered the Idaho Transportation
Department to suspend the driving privileges of any person
convicted of a violation of carrying a certificate of proof of
liability insurance in a motor vehicle, the Department may
rescind the suspension if the driver can prove by sufficient
evidence that the legally required motor vehicle insurance or
other required evidence of financial responsibility was in
force and effect at the time of the issuance of the citation. No
reinstatement fee would be assessed for rescinding the
suspension action.
FISCAL IMPACT
There should be no additional fiscal impact to the Idaho
Transportation Department. The Department would already be
processing the suspension of a person's license and this
would allow them to rescind their action.
CONTACT: Senator John Sandy
Phone 332-1305
S1511