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H0208................................by JUDICIARY, RULES AND ADMINISTRATION DRIVER'S LICENSE - UNDER 18 - Amends existing law to provide that any person signing the application of a person under eighteen for a permit or driver's license shall be civilly liable for infraction and criminal monetary penalties imposed on and unpaid by the minor for infraction, misdemeanor or felony violations committed by the minor in operating a motor vehicle; and to provide that such civil liability shall not subject that person to any criminal penalty or impairment of the person's driver's license. 02/10 House intro - 1st rdg - to printing 02/11 Rpt prt - to Jud
H0208|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 208 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO PENALTIES FOR UNLAWFUL OPERATION OF A MOTOR VEHICLE; AMENDING SEC- 3 TION 49-310, IDAHO CODE, TO PROVIDE THAT ANY PERSON SIGNING THE APPLICA- 4 TION OF A PERSON UNDER EIGHTEEN FOR A PERMIT OR DRIVER'S LICENSE SHALL BE 5 CIVILLY LIABLE FOR INFRACTION AND CRIMINAL MONETARY PENALTIES IMPOSED ON 6 AND UNPAID BY THE MINOR FOR INFRACTION, MISDEMEANOR OR FELONY VIOLATIONS 7 COMMITTED BY THE MINOR IN OPERATING A MOTOR VEHICLE AND TO PROVIDE THAT 8 SUCH CIVIL LIABILITY SHALL NOT SUBJECT THE PERSON TO ANY CRIMINAL PENALTY 9 OR IMPAIRMENT OF THE PERSON'S DRIVER'S LICENSE. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 49-310, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 49-310. APPLICATIONS OF PERSONS UNDER THE AGE OF EIGHTEEN YEARS. (1) The 14 application of any person under the age of eighteen (18) years for an instruc- 15 tion permit, restricted driver's license or driver's license shall be signed 16 and verified before a person authorized to administer oaths by either the 17 father or mother of the applicant, if both are living and have custody of him; 18 or if either be dead, then by the surviving parent who has custody of him; or 19 by the Idaho resident host of a foreign exchange student, or in the event nei- 20 ther parent is living, or if living and does not have the custody of the 21 applicant, then by the person or guardian having such custody or by an 22 employer of the applicant. In the event there is no guardian or employer then 23 some other responsible person willing to assume the obligation for the appli- 24 cant may sign the application. Any person who signs the applicant's applica- 25 tion shall attest that the applicant is in compliance with the school atten- 26 dance provisions of section 49-303A, Idaho Code. The person willing to assume 27 responsibility for the applicant must be at least eighteen (18) years of age. 28 (2) Any negligence or wilful misconduct of a person under the age of 29 eighteen (18) years when operating a motor vehicle upon a highway shall be 30 imputed to the person who signed the application of that person for a permit 31 or driver's license, and that person shall be jointly and severally liable 32 with the permit or driver's license holder for any damage caused by negligence 33 or wilful misconduct, except as otherwise provided by law. Such person 34 shall also be civilly liable for any infraction or criminal monetary penalties 35 imposed on the minor because the minor was found to have committed an infrac- 36 tion, misdemeanor or felony in operating a motor vehicle and has failed to pay 37 the infraction or criminal monetary penalty. However, such person shall not 38 be subjected to any criminal penalty, nor shall the driver's license of the 39 person be suspended or in any way impaired for failure of the person to pay 40 the civil liability imposed by this subsection. 41 (3) In the event a permit or driver's license holder under the age of 42 eighteen (18) years deposits, or there is deposited upon his behalf, proof of 43 financial responsibility in respect to the operation of any motor vehicle, in 2 1 form and in amounts as required under the motor vehicle financial responsibil- 2 ity laws of this state, or by the director if the form and amount is not fixed 3 by law, then the department may accept the application when signed by one (1) 4 parent or guardian of the applicant, and while that proof is maintained the 5 parent or guardian shall not be subject to the liability imposed under subsec- 6 tion (2) of this section. 7 (4) Any person who has signed the application of a minor for a permit or 8 driver's license shall be liable civilly for the payment of any court penalty 9 imposed because the minor has been found to have committed an infraction 10 , misdemeanor or felony in the operation of the motor vehicle.11violation.The provisions of this section shall not apply or create any 12 civil liability for the person signing the application in connection with any 13 pedestrian or bicycle infraction, and provided this subsection shall not apply 14 to any civil action where the plaintiff is other than the state of Idaho.
STATEMENT OF PURPOSE
RS08946
This legislation amends Section 49-310, Idaho Code, making the
signer of a juvenile's driver's license responsible for his/her
traffic fines if the juvenile does not pay his/her fines.
FISCAL NOTE
There is no fiscal impact.
CONTACT: Representative Sher Sellman
(208)332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 208