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S1018...................................................by JUDICIARY AND RULES MOTOR VEHICLES - INSURANCE - Amends existing law to provide that failure to insure a motor vehicle shall constitute a misdemeanor; to provide increased penalties for a second or subsequent violation; and to provide for orders of restitution in certain instances. 01/21 Senate intro - 1st rdg - to printing 01/22 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE SENATE SENATE BILL NO. 1018 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO MOTOR VEHICLE INSURANCE; AMENDING SECTION 49-1229, IDAHO CODE, TO 3 PROVIDE THAT FAILURE TO INSURE A MOTOR VEHICLE SHALL CONSTITUTE A MISDE- 4 MEANOR, TO PROVIDE INCREASED PENALTIES FOR SECOND AND SUBSEQUENT VIOLA- 5 TIONS AND TO PROVIDE FOR ORDERS OF RESTITUTION IN CERTAIN INSTANCES; AND 6 AMENDING SECTION 49-1428, IDAHO CODE, TO PROVIDE THAT IT IS A MISDEMEANOR 7 FOR ANY OWNER OF A MOTOR VEHICLE TO PERMIT OPERATION OF THE VEHICLE WITH- 8 OUT INSURANCE, TO PROVIDE FOR INCREASED PENALTIES FOR A SECOND AND SUBSE- 9 QUENT VIOLATION AND TO PROVIDE FOR AN ORDER OF RESTITUTION IN CERTAIN 10 INSTANCES. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 49-1229, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 49-1229. REQUIRED MOTOR VEHICLE INSURANCE. (1) Every owner of a motor 15 vehicle which is registered and operated in Idaho by the owner or with his 16 permission shall continuously, except as provided in section 41-2516, Idaho 17 Code, provide insurance against loss resulting from liability imposed by law 18 for bodily injury or death or damage to property suffered by any person caused 19 by maintenance or use of motor vehicles described therein in an amount not 20 less than that required by section 49-117, Idaho Code, and shall demonstrate 21 the existence of any other coverage required by this title or a certificate of 22 self-insurance issued by the department pursuant to section 49-1224, Idaho 23 Code, for each motor vehicle to be registered. 24 (2) A motor vehicle owner who prefers to post an indemnity bond with the 25 director of the department of insurance in lieu of obtaining a policy of lia- 26 bility insurance may do so. Such bond shall guarantee that any loss resulting 27 from liability imposed by law for bodily injury, death or damage to property 28 suffered by any person caused by accident and arising out of the operation, 29 maintenance and use of the motor vehicle sought to be registered shall be paid 30 within thirty (30) days. The indemnity bonds shall guarantee payment in an 31 amount no less than fifty thousand dollars ($50,000) for any one (1) accident 32 of which fifteen thousand dollars ($15,000) is for property damage, for each 33 vehicle registered up to a maximum of one hundred twenty thousand dollars 34 ($120,000) for five (5) or more vehicles. 35 (3) Any bond given in connection with this chapter shall be, and shall be 36 construed to be, a continuing instrument and shall cover the period for which 37 the motor vehicle is to be registered and operated. Such bond shall be on a 38 form approved by the director of insurance with a surety company authorized to 39 do business in the state. 40 (4) A motor carrier shall continuously provide insurance against loss 41 resulting from liability imposed by law or by rule of the department and shall 42 comply with the insurance requirements of section 49-1233, Idaho Code. 43 (5) It isan infraction punishable by a fine of seventy-five dollars2 1($75.00)a misdemeanor punishable by a fine not to exceed three hundred dol- 2 lars ($300), or by imprisonment in the county jail for a period not in excess 3 of six (6) months, or both, for any person to violate the provisions of this 4 section for the first time. A second and any subsequent conviction for a 5 violation of the provisions of this section or the provisions of section 6 49-1232 or 49-1428, Idaho Code, within a period of five (5) years shall be a 7 misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000), 8 or by imprisonment in the county jail not exceedingsix (6) monthsone (1) 9 year, or both.The department shall notify any person convicted of a violation10of this section of the penalties which may be imposed for a second and any11subsequent convictionThe court shall enter an order of restitution if the 12 person found guilty of violating the provisions of this section caused prop- 13 erty damage or injury to persons by the operation of the motor vehicle. 14 SECTION 2. That Section 49-1428, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 49-1428. FINANCIAL RESPONSIBILITY. (1) It shall be unlawful for any per- 17 son to operate a motor vehicle upon highways without a valid policy of liabil- 18 ity insurance in full force and effect in an amount not less than that pro- 19 vided in section 49-117, Idaho Code, or unless the person has been issued a 20 certificate of self-insurance pursuant to section 49-1224, Idaho Code, or has 21 previously posted an indemnity bond with the director of insurance as provided 22 in section 49-1229, Idaho Code. 23 (2) It isan infractiona misdemeanor punishable by a fineof seventy-24five dollars ($75.00)not in excess of three hundred dollars ($300), or by 25 imprisonment in the county jail not exceeding six (6) months, or by both, for 26 any person to violate the provisions of this section for the first time. A 27 second and any subsequent conviction of a violation of the provisions of this 28 section or the provisions of section 49-1229 or 49-1232, Idaho Code, within 29 five (5) years shall be a misdemeanor, punishable by a fine not exceeding one 30 thousand dollars ($1,000), or by imprisonment in the county jail not exceeding 31six (6) monthsone (1) year, or both.The department shall notify any person32convicted of a violation of this section of the penalties which may be imposed33for a second and any subsequent convictionThe court shall enter an order of 34 restitution if the person found guilty of violating the provisions of this 35 section caused property damage or injury to persons by the operation of the 36 motor vehicle.
STATEMENT OF PURPOSE RS 12496 This legislation accomplishes two objectives. First, it provides that the failure to maintain motor vehicle insurance is a misdemeanor instead of an infraction. In order to do so, it also raises the monetary fine and provides for the prison component. Second, it allows a court to enter and a restitution order in the event that property damage or personal injury exists. FISCAL IMPACT Fiscal impact is difficult to project. It is possible that there may be a fiscal impact to counties by changing to a misdemeanor. Those costs would be relative to incarceration and the cost of prosecution. Similarity, the State of Idaho could have a like fiscal impact. It is also likely that increased maintenance of insurance could exists which may result in an offset against unliquidated and currently unliquidatable fiscal impacts. Contact Name: Senator Bart M. Davis Phone: 332-1305 STATEMENT OF PURPOSE/FISCAL NOTE S1018