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S1004................................................by JUDICIARY AND RULES MOTOR VEHICLES - Amends existing law to clarify that any person who gives or furnishes a motor vehicle to a minor under sixteen years of age is liable for the negligence of the minor. 01/19 Senate intro - 1st rdg - to printing 01/20 Rpt prt - to Jud 02/08 Rpt out - rec d/p - to 2nd rdg 02/09 2nd rdg - to 3rd rdg 02/10 3rd rdg - PASSED - 33-0-2 AYES--Andreason, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Twiggs, Wheeler, Whitworth NAYS--None Absent and excused--Boatright, Davis Floor Sponsor - King Title apvd - to House 02/11 House intro - 1st rdg - to Jud 03/10 Rpt out - rec d/p - to 2nd rdg 03/11 2nd rdg - to 3rd rdg 03/16 3rd rdg - PASSED - 60-0-10 AYES -- Alltus, Barrett, Bell, Black, Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer(Duncan), Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets, Watson, Wheeler, Williams, Zimmermann NAYS -- None Absent and excused -- Barraclough, Bieter, Denney, Jones, Limbaugh, Montgomery, Mortensen, Trail, Wood, Mr Speaker Floor Sponsor - Jaquet Title apvd - to Senate 03/17 To enrol - Rpt enrol - Pres signed 03/18 Sp signed 03/19 To Governor 03/23 Governor signed Session Law Chapter 144 Effective: 07/01/99
S1004|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1004 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE LIABILITY OF AN OWNER OF A MOTOR VEHICLE FOR DRIVING NEGLI- 3 GENCE OF A MINOR UNDER SIXTEEN YEARS OF AGE; AMENDING SECTION 49-2416, 4 IDAHO CODE, TO CLARIFY THAT THE TERM "MINOR" MEANS A PERSON UNDER SIXTEEN 5 YEARS OF AGE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 49-2416, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 49-2416. OWNER LIABLE FOR NEGLIGENCE OF MINOR UNDER SIXTEEN. Every owner 10 of a motor vehicle causing or knowingly permitting a minor under the age of 11 sixteen (16) years to drive the vehicle upon a highway, and any person who 12 gives or furnishes a motor vehicle to a minor under the age of sixteen 13 (16) years , shall be jointly and severally liable with the minor for 14 any damage caused by the negligence of the minor in driving the vehicle.
.STATEMENT OF PlTRpOSF RS 08532 This bill is one of a series of bills that the Justices of the Supreme Court transmitted to the Governor in their annual "defects in the law" report under Art. 5, Sec. 25 of the Idaho Constitntion. Idaho Code 49-2416 establishes the financial responsibility of owners or other persons who turn over control of a motor vehicle to a person under sixteen years of age who negligently causes damage to a third party. The first part of section 49-2416 makes an owner of a motor vehicle liable to injured third parties when the owner permits a minor under sixteen years of age to drive the vehicle. A second part of 49-2416 also makes any person who furnishes a motor vehicle to a "minor" liable for that minor's negligent driving, but this part of the statute fails to identify the "minor" as a person under sixteen years of age. The term "minor" ordinarily includes persons under eighteen years of age rather than just those under sixteen years of age, which creates an ambiguity as to whether two different age groups are intended to be included within the statute. When the predecessor of I.C. 49-2416 was originally enacted it was clear that the term "minor" referred to a minor under sixteen years of age, but the present ambiguity was created when a key word was inadvertently removed from the statute when it was recodified as 49-2416 in 1988. This bill adds language to I.C. 49-2416 which clarifies that a minor under sixteen years of age is the age standard to be applied throughout the statute as originally intended. FISCAL NOTE It is not anticipated that this bill will have an impact on state or local funds. Contact Person: Patricia Tobias Administrative Director of the Courts Idaho Supreme Court (208) 334-2246 Statement of Purpose/Fiscal Note S1004