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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