2000 Legislation
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HOUSE BILL NO. 488 – MV/financial responsblty/no deposit

HOUSE BILL NO. 488

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Daily Data Tracking History



H0488......................................................by STATE AFFAIRS
MOTOR VEHICLES - Amends and repeals existing law to delete the provisions
which allow for persons under certain circumstances to deposit money or
securities with the state treasurer as proof of motor vehicle financial
responsibility.
                                                                        
02/03    House intro - 1st rdg - to printing
02/04    Rpt prt - to St Aff
02/09    Rpt out - rec d/p - to 2nd rdg
02/10    Ret'd to St Aff
02/16    Rpt out - rec d/p - to 2nd rdg
02/17    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 67-0-3
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Chase, Cheirrett, Clark, Crow, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
      Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
      Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
      Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
      Robison, Sali, Schaefer, Sellman, Shepherd, Smylie, Stevenson,
      Stoicheff, Stone, Tilman, Trail(Miller), Wheeler, Wood, Zimmermann,
      Mr Speaker
      NAYS -- None
      Absent and excused -- Campbell, Smith, Taylor
    Floor Sponsor - Alltus
    Title apvd - to Senate
02/23    Senate intro - 1st rdg - to St Aff

Bill Text


 H0488
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 488
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MOTOR VEHICLE FINANCIAL RESPONSIBILITY; AMENDING SECTION  49-1209,
  3        IDAHO  CODE,  TO  DELETE  REFERENCE TO CERTIFICATES OF DEPOSIT OF MONEY OR
  4        SECURITIES AS A METHOD OF PROVING FINANCIAL RESPONSIBILITY; REPEALING SEC-
  5        TION 49-1216, IDAHO CODE; AMENDING SECTIONS 49-1218  AND   49-1220,  IDAHO
  6        CODE,  TO DELETE REFERENCE TO MONEY OR SECURITIES DEPOSITED WITH THE STATE
  7        TREASURER AS PROOF OF FINANCIAL RESPONSIBILITY; AND PROVIDING AN EFFECTIVE
  8        DATE.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Section 49-1209, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
                                                                        
 12        49-1209.  ALTERNATE  METHODS OF GIVING PROOF. Proof of financial responsi-
 13    bility shall be furnished for each motor  vehicle  registered  by  any  person
 14    required to give proof and may be given by filing:
 15        (1)  A  certificate  of  insurance  as  provided in section 49-1210, Idaho
 16    Code; or
 17        (2)  A bond as provided in section 49-1215, Idaho Code; or
 18        (3)  A certificate of deposit of money or securities as provided  in  sec-
 19    tion 49-1216, Idaho Code; or
 20        (4)  A certificate of self-insurance as provided in section 49-1224, Idaho
 21    Code.
                                                                        
 22        SECTION  2.  That  Section 49-1216, Idaho Code, be, and the same is hereby
 23    repealed.
                                                                        
 24        SECTION 3.  That Section 49-1218, Idaho Code, be, and the same  is  hereby
 25    amended to read as follows:
                                                                        
 26        49-1218.  SUBSTITUTION  OF PROOF. The department shall consent to the can-
 27    cellation of any bond or certificate of insurance,  or  the  department  shall
 28    direct  and  the  state  treasurer shall return any money or securities to the
 29    person entitled thereto upon the substitution and acceptance of other adequate
 30    proof of financial responsibility pursuant to this chapter.
                                                                        
 31        SECTION 4.  That Section 49-1220, Idaho Code, be, and the same  is  hereby
 32    amended to read as follows:
                                                                        
 33        49-1220.  DURATION  OF  PROOF  -- WHEN PROOF MAY BE CANCELLED OR RETURNED.
 34    (1) The department shall upon request consent to the immediate cancellation of
 35    any bond or certificate of insurance, or the department shall direct  and  the
 36    state treasurer shall return to the person entitled thereto any money or secu-
 37    rities  deposited  pursuant to this chapter, or the department shall waive the
 38    requirement of filing proof, in any of the following events:
                                                                        
                                           2
                                                                        
  1        (a)  At any time after one (1) year or three (3) years from the  date  the
  2        proof was required, as provided in section 49-1208, Idaho Code, when, dur-
  3        ing  the  one (1) year or three (3) year period preceding the request, the
  4        department has not received record of a conviction or a forfeiture of bail
  5        which would require or permit the suspension or revocation of the driver's
  6        license or nonresident's operating privilege of the person by or for  whom
  7        the proof was furnished; or
  8        (b)  In the event of the death of the person on whose behalf the proof was
  9        filed  or  the permanent incapacity of the person to operate a motor vehi-
 10        cle; or
 11        (c)  In the event the person who has given proof surrenders  his  driver's
 12        license to the department.
 13        (2)  The  department  shall not consent to the cancellation of any bond or
 14    the return of any money or securities in the event any action for damages upon
 15    a liability covered by the proof is then pending, or  any  judgment  upon  any
 16    liability  is  then  unsatisfied, or in the event the person who has filed the
 17    bond or deposited the money or securities has, within one   (1)  year  immedi-
 18    ately  preceding  the  request,  been  involved as an operator or owner in any
 19    motor vehicle accident resulting in injury or damage to the person or property
 20    of others. An affidavit of the applicant as to the nonexistence of the  facts,
 21    or  that  he  has been released from all of his liability, or has been finally
 22    adjudicated not to be liable for the injury or  damage,  shall  be  sufficient
 23    evidence  in  the  absence  of  evidence to the contrary in the records of the
 24    department.
 25        (3)  Whenever any person  whose  proof  has  been  cancelled  or  returned
 26    applies  for  a  driver's license  within a period of one (1) year or within a
 27    period of three (3) years from the date proof was originally required, as pro-
 28    vided in section 49-1208, Idaho Code, the application shall be refused  unless
 29    the applicant shall reestablish proof for the remainder of the one (1) year or
 30    three (3) year period.
                                                                        
 31        SECTION  5.  This  act shall be in full force and effect on and after July
 32    1, 2000.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                             RS09683 

This is a housekeeping measure, which repeals I.C. Section 49- 1216 which provides for posting
of security to satisfy the financial responsibility requirements triggered by suspension of an
individual's driver's license. The usual method of compliance is the use of an SR-22 certificate
pursuant to I.C. Section 49-1210; in fact, research shows that I.C. Section 49- 1216 has never
been used. 









                           FISCAL NOTE

There is no fiscal impact. 









          Contact:  State Treasurer's Office
                    (208) 334-3200 



STATEMENT OF PURPOSE/FISCAL NOTE                    H 48