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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 - 2002
IN 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) years deposits maintains, or there is deposited maintained upon
39 his behalf, proof of financial responsibility in respect to the operation of
40 any motor vehicle, in form and in amounts as 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 to the liabil-
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