2002 Legislation
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HOUSE BILL NO. 665 – MV insurance, under 18, parents

HOUSE BILL NO. 665

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                     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