2003 Legislation
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SENATE BILL NO. 1018 – MV, not insured, penalty

SENATE BILL NO. 1018

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN 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  is  an  infraction  punishable  by a fine of seventy-five dollars
                                                                        
                                           2
                                                                        
  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 exceeding six  (6)  months  one  (1)
  9    year, or both. The department shall notify any person convicted of a violation
 10    of  this  section  of  the penalties which may be imposed for a second and any
 11    subsequent conviction The 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  is  an  infraction a misdemeanor punishable by a fine of seventy-
 24    five 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
 31    six (6) months one (1) year, or both. The department shall notify  any  person
 32    convicted of a violation of this section of the penalties which may be imposed
 33    for  a  second and any subsequent conviction The 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 / Fiscal Impact



                       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