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S1180.......................................by COMMERCE AND HUMAN RESOURCES MOTOR VEHICLES - LIABILITY INSURANCE - Amends existing law to raise the minimum required limits for motor vehicle liability insurance coverage. 02/12 Senate intro - 1st rdg - to printing 02/15 Rpt prt - to Com/HuRes
S1180|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1180 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO MOTOR VEHICLE FINANCIAL RESPONSIBILITY; AMENDING SECTION 49-117, 3 IDAHO CODE, TO REVISE THE DEFINITION OF "PROOF OF FINANCIAL RESPONSIBIL- 4 ITY" BY INCREASING THE MINIMUM REQUIRED LIMITS OF LIABILITY INSURANCE COV- 5 ERAGE; PROVIDING AN EFFECTIVE DATE AND PROVIDING APPLICATION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 49-117, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 49-117. DEFINITIONS -- P. 10 (1) "Park" or "parking" means the standing of a vehicle, whether occupied 11 or not, other than temporarily for the purpose of and while actually engaged 12 in loading or unloading property or passengers. 13 (2) "Park trailer." (See "Trailer", section 49-121, Idaho Code) 14 (3) "Part-time salesman" means any person employed as a vehicle salesman 15 on behalf of a dealer less than thirty (30) hours per week. 16 (4) "Peace officer." (See section 19-5101(d), Idaho Code) 17 (5) "Pedestrian" means any person afoot and any person operating a wheel- 18 chair or a motorized wheelchair. 19 (6) "Pedestrian path" means any path, sidewalk or way set-aside and used 20 exclusively by pedestrians. 21 (7) (a) "Person" means every natural person, firm, fiduciary, copartner- 22 ship, association, corporation, trustee, receiver or assignee for the ben- 23 efit of creditors, political subdivision, state or federal governmental 24 department, agency, or instrumentality, and for the purposes of chapter 22 25 of this title shall include a private, common or contract carrier operat- 26 ing a vehicle on any highway of this state. 27 (b) "Person with a disability" means: 28 (i) A person who is unable to walk two hundred (200) feet or more 29 unassisted by another person; 30 (ii) A person who is unable to walk two hundred (200) feet or more 31 without the aid of a walker, cane, crutches, braces, prosthetic 32 device or a wheelchair; or 33 (iii) A person who is unable to walk two hundred (200) feet or more 34 without great difficulty or discomfort due to the following impair- 35 ments: neurological, orthopedic, respiratory, cardiac, arthritic dis- 36 order, blindness, or the loss of function or absence of a limb. 37 (8) "Personal information" means information that identifies an individ- 38 ual, including an individual's photograph or computerized image, social secu- 39 rity number, driver identification number, name, address, telephone number, 40 and medical or disability information, but does not include information on 41 vehicular accidents, driving or equipment-related violations, the five-digit 42 zip code of the person's address, or status of the driver's license or motor 43 vehicle registration. 2 1 (9) "Pneumatic tire." (See "Tires", section 49-121, Idaho Code) 2 (10) "Pole trailer." (See "Trailer", section 49-121, Idaho Code) 3 (11) "Possessory lien" means a lien dependent upon possession for compen- 4 sation to which a person is legally entitled for making repairs or performing 5 labor upon, and furnishing supplies or materials for, and for the towing, 6 storage, repair, or safekeeping of, any vehicle of a type subject to registra- 7 tion. 8 (12) "Possessory lienholder" means any person claiming a lien, that lien 9 claimed to have accrued on a basis of services rendered to the vehicle which 10 is the subject of the lien. 11 (13) "Preceding year" means, for the purposes of section 49-435, Idaho 12 Code, a period of twelve (12) consecutive months fixed by the department, 13 prior to July 1 of the year immediately preceding the commencement of the reg- 14 istration or license year for which proportional registration is sought. The 15 department in fixing the period shall make it conform to the terms, conditions 16 and requirements of any applicable agreement or arrangement for the propor- 17 tional registration of vehicles. 18 (14) "Pressure regulator valve" means a device or system which governs the 19 load distribution and controls the weight borne by a variable load suspension 20 axle in accordance with a predetermined valve setting. 21 (15) "Principal place of business" means an enclosed commercial structure 22 located within the state, easily accessible and open to the public at all rea- 23 sonable times, with an improved display area large enough to display five (5) 24 or more vehicles of the type the dealer is licensed to sell, immediately 25 adjoining the building, and at which the business of a dealer, including the 26 display and repair of vehicles, may be lawfully carried on in accordance with 27 the terms of all applicable building codes, zoning and other land-use regula- 28 tory ordinances, and in which building the public shall be able to contact the 29 dealer or his salesmen in person or by telephone at all reasonable times, and 30 at which place of business shall be kept and maintained the books, records and 31 files necessary to conduct the business. The principal place of business shall 32 display an exterior sign permanently affixed to the land or building, with 33 letters clearly visible to the major avenue of traffic. In no event shall a 34 room or rooms in a hotel, rooming house, or apartment house building or a part 35 of any single or multiple unit dwelling house be considered a "principal place 36 of business" within the terms and provisions of this title unless the entire 37 ground floor of that hotel, apartment house, or rooming house building or 38 dwelling house be devoted principally to and occupied for commercial purposes, 39 and the office or offices of the dealer be located on the ground floor. 40 (16) "Private property open to the public" means real property not owned 41 by the federal government or the state of Idaho or any of its political subdi- 42 visions, but is available for vehicular traffic or parking by the general pub- 43 lic with the permission of the owner or agent of the real property. 44 (17) "Private road" means every way or place in private ownership and 45 used for vehicular travel by the owner and those having express or implied 46 permission from the owner, but not by other persons. 47 (18) "Proof of financial responsibility" means proof of ability to 48 respond in damages for liability, on account of accidents occurring subsequent 49 to the effective date of the proof, arising out of the ownership, maintenance 50 or use of a motor vehicle, in the amount oftwenty-five51 fifty thousand dollars ($25 0 ,000) because of 52 bodily injury to or death of one (1) person in any one (1) accident, and, sub- 53 ject to the limit for one (1) person, in the amount offifty54 one hundred thousand dollars ($510 55 0,000) because of bodily injury to or death of two (2) or more persons 3 1 in any one (1) accident, and in the amount offifteen2 thirty thousand dollars ($1530 ,000) because 3 of injury to or destruction of property of others in any one (1) accident. 4 (19) "Proper authority" means a public highway agency. 5 (20) "Public highway agency" means the state transportation department, 6 any city, county, highway district or any other state agency which has juris- 7 diction over public highway systems and public rights-of-way. 8 (21) "Public right-of-way" means a right-of-way open to the public and 9 under the jurisdiction of a public highway agency, where the public highway 10 agency has no obligation to construct or maintain said right-of-way for vehic- 11 ular traffic. 12 (22) "Public road jurisdiction" means a public highway agency. 13 (23) "Purchase." (See "Sell," "sold," and "buy," section 49-120, Idaho 14 Code) 15 SECTION 2. This act shall be in full force and effect on and after July 16 1, 1999, and shall apply to all relevant policies, coverages and contracts 17 which are written or renewed on and after July 1, 1999.
STATEMENT OF PURPOSE
RS 09054
The purpose of this legislation is to increase the required
insurance or proof of financial responsibility as follows:
TYPE FROM TO
Single Liability $25,000 $50,000
Single Accident $50,000 $100,000
Property Damage $l5,000 $30,000
FISCAL NOTE
There is no fiscal impact to the state.
CONTACT: Senator Bart Davis
332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE S1180