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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
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
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