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S1265.....................................................by TRANSPORTATION
MOTOR VEHICLE ACCIDENTS - REPORTS - Amends existing law relating to written
reports of motor vehicle accidents to redefine "personal information" to
provide that personal information may include information on vehicular
accidents; and to provide reference to personal information in written
reports of accidents which is privileged or is to be held confidential.
01/18 Senate intro - 1st rdg - to printing
01/19 Rpt prt - to Transp
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1265
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO WRITTEN REPORTS OF MOTOR VEHICLE ACCIDENTS; AMENDING SECTION
3 49-117, IDAHO CODE, TO REDEFINE "PERSONAL INFORMATION" TO PROVIDE THAT IT
4 MAY INCLUDE INFORMATION ON VEHICULAR ACCIDENTS; AND AMENDING SECTION
5 49-1306, IDAHO CODE, TO PROVIDE REFERENCE TO PERSONAL INFORMATION IN WRIT-
6 TEN REPORTS OF ACCIDENTS WHICH IS PRIVILEGED OR IS TO BE HELD CONFIDEN-
7 TIAL.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 49-117, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 49-117. DEFINITIONS -- P. (1) "Park" or "parking" means the standing of a
12 vehicle, whether occupied or not, other than temporarily for the purpose of
13 and while actually engaged in loading or unloading property or passengers.
14 (2) "Park trailer." (See "Trailer," section 49-121, Idaho Code)
15 (3) "Part-time salesman" means any person employed as a vehicle salesman
16 on behalf of a dealer less than thirty (30) hours per week.
17 (4) "Peace officer." (See section 19-5101(d), Idaho Code)
18 (5) "Pedestrian" means any person afoot and any person operating a wheel-
19 chair or a motorized wheelchair or an electric personal assistive mobility
20 device.
21 (6) "Pedestrian path" means any path, sidewalk or way set-aside and used
22 exclusively by pedestrians.
23 (7) (a) "Person" means every natural person, firm, fiduciary, copartner-
24 ship, association, corporation, trustee, receiver or assignee for the ben-
25 efit of creditors, political subdivision, state or federal governmental
26 department, agency, or instrumentality, and for the purposes of chapter 22
27 of this title shall include a private, common or contract carrier operat-
28 ing a vehicle on any highway of this state.
29 (b) "Person with a disability" means:
30 (i) A person who is unable to walk two hundred (200) feet or more
31 unassisted by another person;
32 (ii) A person who is unable to walk two hundred (200) feet or more
33 without the aid of a walker, cane, crutches, braces, prosthetic
34 device or a wheelchair; or
35 (iii) A person who is unable to walk two hundred (200) feet or more
36 without great difficulty or discomfort due to the following impair-
37 ments: neurological, orthopedic, respiratory, cardiac, arthritic dis-
38 order, blindness, or the loss of function or absence of a limb.
39 (iv) For the purposes of chapters 3 and 4 of this title, a person
40 with a permanent disability is one whose physician certifies that the
41 person qualifies as a person with a disability pursuant to this sub-
42 section (7)(b), and further certifies that there is no expectation
43 for a fundamental or marked change in the person's condition at any
2
1 time in the future.
2 (8) "Personal information" means information that identifies an individ-
3 ual, including an individual's photograph or computerized image, social secu-
4 rity number, driver identification number, name, address, telephone number,
5 and medical or disability information, but does not include information on
6 vehicular accidents, driving or equipment-related violations, the five-digit
7 zip code of the person's address, or status of the driver's license or motor
8 vehicle registration.
9 (9) "Pneumatic tire." (See "Tires," section 49-121, Idaho Code)
10 (10) "Pole trailer." (See "Trailer," section 49-121, Idaho Code)
11 (11) "Possessory lien" means a lien dependent upon possession for compen-
12 sation to which a person is legally entitled for making repairs or performing
13 labor upon, and furnishing supplies or materials for, and for the towing,
14 storage, repair, or safekeeping of, any vehicle of a type subject to registra-
15 tion.
16 (12) "Possessory lienholder" means any person claiming a lien, that lien
17 claimed to have accrued on a basis of services rendered to the vehicle which
18 is the subject of the lien.
19 (13) "Preceding year" means, for the purposes of section 49-435, Idaho
20 Code, a period of twelve (12) consecutive months fixed by the department,
21 prior to July 1 of the year immediately preceding the commencement of the reg-
22 istration or license year for which proportional registration is sought. The
23 department in fixing the period shall make it conform to the terms, conditions
24 and requirements of any applicable agreement or arrangement for the propor-
25 tional registration of vehicles.
26 (14) "Pressure regulator valve" means a device or system which governs the
27 load distribution and controls the weight borne by a variable load suspension
28 axle in accordance with a predetermined valve setting.
29 (15) "Principal place of business" means an enclosed commercial structure
30 located within the state, easily accessible and open to the public at all rea-
31 sonable times, with an improved display area large enough to display five (5)
32 or more vehicles of the type the dealer is licensed to sell, immediately
33 adjoining the building, and at which the business of a dealer, including the
34 display and repair of vehicles, may be lawfully carried on in accordance with
35 the terms of all applicable building codes, zoning and other land-use regula-
36 tory ordinances, and in which building the public shall be able to contact the
37 dealer or his salesmen in person or by telephone at all reasonable times, and
38 at which place of business shall be kept and maintained the books, records and
39 files necessary to conduct the business. The principal place of business shall
40 display an exterior sign permanently affixed to the land or building, with
41 letters clearly visible to the major avenue of traffic. In no event shall a
42 room or rooms in a hotel, rooming house, or apartment house building or a part
43 of any single or multiple unit dwelling house be considered a "principal place
44 of business" within the terms and provisions of this title unless the entire
45 ground floor of that hotel, apartment house, or rooming house building or
46 dwelling house be devoted principally to and occupied for commercial purposes,
47 and the office or offices of the dealer be located on the ground floor.
48 (16) "Private property open to the public" means real property not owned
49 by the federal government or the state of Idaho or any of its political subdi-
50 visions, but is available for vehicular traffic or parking by the general pub-
51 lic with the permission of the owner or agent of the real property.
52 (17) "Private road" means every way or place in private ownership and
53 used for vehicular travel by the owner and those having express or implied
54 permission from the owner, but not by other persons.
55 (18) "Proof of financial responsibility" means proof of ability to
3
1 respond in damages for liability, on account of accidents occurring subsequent
2 to the effective date of the proof, arising out of the ownership, maintenance
3 or use of a motor vehicle, in the amount of twenty-five thousand dollars
4 ($25,000) because of bodily injury to or death of one (1) person in any one
5 (1) accident, and, subject to the limit for one (1) person, in the amount of
6 fifty thousand dollars ($50,000) because of bodily injury to or death of two
7 (2) or more persons in any one (1) accident, and in the amount of fifteen
8 thousand dollars ($15,000) because of injury to or destruction of property of
9 others in any one (1) accident.
10 (19) "Proper authority" means a public highway agency.
11 (20) "Public highway agency" means the state transportation department,
12 any city, county, highway district or any other state agency which has juris-
13 diction over public highway systems and public rights-of-way.
14 (21) "Public right-of-way" means a right-of-way open to the public and
15 under the jurisdiction of a public highway agency, where the public highway
16 agency has no obligation to construct or maintain said right-of-way for vehic-
17 ular traffic.
18 (22) "Public road jurisdiction" means a public highway agency.
19 (23) "Purchase." (See "Sell," "sold," and "buy," section 49-120, Idaho
20 Code)
21 SECTION 2. That Section 49-1306, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 49-1306. WRITTEN REPORTS OF ACCIDENTS. (1) Every law enforcement officer,
24 who in the regular course of duty investigates a motor vehicle accident,
25 either at the time of and at the scene of the accident, or thereafter by
26 interviewing participants or witnesses, shall within twenty-four (24) hours
27 after completing the investigation forward a written report of the accident to
28 the department.
29 (2) Written reports required to be forwarded by law enforcement officers
30 and the information contained in them shall not be privileged or held confi-
31 dential, except for personal information as defined in section 49-117, Idaho
32 Code.
STATEMENT OF PURPOSE
RS 15369
This legislation will amend Sections 49-117 and 49-1306, Idaho
Code, to exempt the personal information on the Idaho Vehicle
Collision Report from being public information. Currently the
Office of Traffic and Highway Safety (OTHS) must allow persons
to view collision reports to retrieve the personal contact
information of those involved in collisions for the purpose of
soliciting business.
FISCAL NOTE
There will be minimal fiscal impact which will be absorbed into
the OTHS budget. There will be no fiscal impact to the Idaho
Transportation Department.
CONTACT
Name: Susan Mulkey
Agency: Idaho Transportation Department
Phone: 334-8110
STATEMENT OF PURPOSE/FISCAL NOTE S 1265