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H0665..........................................................by EDUCATION MOTOR VEHICLES - INSURANCE - Amends existing law to clarify that parents or guardians shall not be jointly and severally liable for the negligence or willful misconduct of persons under eighteen years of age if certain proof of financial responsibility is maintained. 02/20 House intro - 1st rdg - to printing 02/21 Rpt prt - to Transp 03/01 Rpt out - rec d/p - to 2nd rdg 03/04 2nd rdg - to 3rd rdg 03/05 3rd rdg - PASSED - 68-0-2 AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Bruneel, Campbell, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker NAYS -- None Absent and excused -- Bieter, Callister Floor Sponsor - Higgins Title apvd - to Senate 03/06 Senate intro - 1st rdg - to Transp 03/08 Rpt out - rec d/p - to 2nd rdg 03/11 2nd rdg - to 3rd rdg 03/14 3rd rdg - PASSED - 19-14-2 AYES -- Andreason, Boatright, Branch(Bartlett), Bunderson, Burtenshaw, Cameron, Darrington, Deide, Dunklin, Frasure, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Marley, Richardson, Sims NAYS -- Davis, Geddes, Goedde, Little, Lodge, Noh, Risch, Sandy, Schroeder, Sorensen, Stegner, Thorne, Wheeler, Williams Absent and excused -- Brandt, Stennett Floor Sponsor - Ingram Title apvd - to House 03/15 To enrol - rpt enrol - Sp signed Pres signed 03/15 To Governor 03/27 Governor signed Session Law Chapter 357 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 665 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO MOTOR VEHICLE DRIVER'S LICENSES; AMENDING SECTION 49-310, IDAHO 3 CODE, TO CLARIFY THAT PARENTS OR GUARDIANS SHALL NOT BE JOINTLY AND SEVER- 4 ALLY LIABLE FOR THE NEGLIGENCE OR WILLFUL MISCONDUCT OF PERSONS UNDER 5 EIGHTEEN YEARS OF AGE IF CERTAIN PROOF OF FINANCIAL RESPONSIBILITY IS 6 MAINTAINED AND TO PROVIDE CORRECT TERMINOLOGY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 49-310, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 49-310. APPLICATIONS OF PERSONS UNDER THE AGE OF EIGHTEEN YEARS. (1) The 11 application of any person under the age of eighteen (18) years for any class D 12 instruction permit, restricted driver's license or driver's license shall be 13 signed and verified before a person authorized to administer oaths by either 14 the father or mother of the applicant, if both are living and have custody of 15 him; or if either be dead, then by the surviving parent who has custody of 16 him; or by the Idaho resident host of a foreign exchange student, or in the 17 event neither parent is living, or if living and does not have the custody of 18 the applicant, then by the person or guardian having such custody, with 19 verifiable custody or guardianship documents, or by an employer of the appli- 20 cant. In the event there is no guardian or employer then some other responsi- 21 ble person willing to assume the obligation for the applicant may sign the 22 application. Any person who signs the applicant's application shall attest 23 that the applicant is in compliance with the school attendance provisions of 24 section 49-303A, Idaho Code, and when signing for a class D driver's training 25 permit or a class D supervised instruction permit, shall attest that the minor 26 person has satisfied the requirements and conditions applicable to the class D 27 supervised instruction permit pursuant to section 49-307, Idaho Code, when the 28 minor person applies for a class D driver's license. The person willing to 29 assume responsibility for the applicant must be at least eighteen (18) years 30 of age. 31 (2) Any negligence or willful misconduct of a person under the age of 32 eighteen (18) years when operating a motor vehicle upon a highway shall be 33 imputed to the person who signed the application of that person for a permit 34 or driver's license, and that person shall be jointly and severally liable 35 with the permit or driver's license holder for any damage caused by negligence 36 or willful misconduct, except as otherwise provided by law. 37 (3) In the event a permit or driver's license holder under the age of 38 eighteen (18) yearsdepositsmaintains, or there isdepositedmaintained upon 39 his behalf, proof of financial responsibilityin respect to the operation of40any motor vehicle, in form and in amountsas required under the motor vehicle 41 financial responsibility laws of this state, or by the director if the form 42 and amount is not fixed by law, then the department may accept the application 43 when signed by one (1) parent or guardian of the applicant, and while that 2 1 proof is maintained the parent or guardian shall not be subject totheliabil- 2 ity for the negligence or willful misconduct of the person under the age of 3 eighteen (18) years, as imposed under subsection (2) of this section. 4 (4) Any person who has signed the application of a minor for a permit or 5 driver's license shall be liable civilly for the payment of any court penalty 6 imposed because the minor has been found to have committed an infraction 7 violation. The provisions of this section shall not apply or create any civil 8 liability for the person signing the application in connection with any pedes- 9 trian or bicycle infraction, and provided this subsection shall not apply to 10 any civil action where the plaintiff is other than the state of Idaho.
STATEMENT OF PURPOSE RS 12116 This legislation amends Idaho law pertaining the parental liability for the negligence of a driver's license holder under the age of 18. It provides that maintaining liability insurance in the amounts required by Idaho's proof of financial responsibility laws will exonerate the parent or gaurdian from liability under subsection (2) of Idaho Code 49-310 FISCAL IMPACT None Contact Name: Rep Kent A. Higgins Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 665