2006 Legislation
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SENATE BILL NO. 1265 – MV accident, report, personal info


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Bill Status

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

Bill Text

  ]]]]              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
  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
  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
  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 / Fiscal Impact

                   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.

Name:	Susan Mulkey
Agency:	Idaho Transportation Department
Phone:	334-8110