Legislature(2005 - 2006)BUTROVICH 205
05/06/2006 09:00 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB347 | |
| HB482 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 347 | TELECONFERENCED | |
| + | HB 482 | TELECONFERENCED | |
HB 347-MOTOR VEHICLE INSURANCE/LICENSE/ NOTICES
9:18:12 AM
CHAIR RALPH SEEKINS announced CSHB 347(JUD) am to be up for
consideration.
REPRESENTATIVE LES GARA, bill sponsor, introduced the HB 347.
The bill would close a loophole that has caused a number of
drivers to be charged criminally for driving without auto
insurance when, in fact, they had insurance.
The problem lies with the process of vehicle accident paperwork
with the Department of Motor Vehicles (DMV). Drivers involved in
an accident are required to fill out paperwork and prove that
they carry insurance. If they fail to do so, the DMV is required
to send a reminder notice to the address in their database even
if there is a more current address on the police report. To
solve the problem, HB 347 provides that the DMV should send the
required information to the driver's last known address.
9:22:03 AM
The bill would increase the penalty for uninsured motorists. The
bill would also allow for the impoundment of vehicles that are
used under the offenses of driving while suspended and driving
under the influence of intoxicants. The decision whether to
impound the vehicle would be left up to local law enforcement.
9:23:11 AM
Senator Gene Therriault joined the committee.
DUANE BANNOCK, Director, DMV, testified that the DMV loves the
bill. He directed his comments to Section 4 and gave a
hypothetical example of a person involved in an automobile
accident. The law requires that for every accident that incurs
over $500 worth of damage that the DMV must be notified in
writing of the name of the insurance company. For various
reasons many people do not do that. Sometimes the person is
whisked away to the hospital and sometimes people think that the
police paperwork fulfilled that requirement.
At any rate, after the DMV receives the police report, they look
for the yellow notification form and if they don't find it, they
send the notification letter. By law, the DMV is required to
send the notice to the address in their records even if they
know the address in their database is incorrect and even if the
address on the police report is updated and known to be
accurate. As a result, the customer never gets the notification
and has their license suspended without knowing it.
9:29:36 AM
CHAIR SEEKINS asked Mr. Bannock whether the police are required
to have the person fill out the yellow form while they are
performing the accident investigation.
MR. BANNOCK said yes but for some reason they often don't
fulfill that requirement. He suggested that a representative
from the Department of Public Safety respond to the question.
CHAIR SEEKINS referred to Section 4(f) and asked how the DMV
would decide where to send the notification.
MR. BANNOCK replied the DMV would send the notice to the most
recent date of address.
9:32:18 AM
CHAIR SEEKINS expressed concern with Section 5 because sometimes
vehicles get impounded when someone other than the owner was
driving. Often times the owner has to pay a storage fee of up to
$200 a day. The same thing happens in the position of a lien
holder. The way Section 5 is written, it would establish a
secondary lien on the vehicle and would establish that the lien
holder could only get their vehicle back if they pay the accrued
cost of towing and storage of the vehicle.
9:34:58 AM
CHAIR SEEKINS added he has seen the situation happen many times
where people lose their vehicles because they don't know where
they are. He recounted an anecdotal story and said he had a
problem with an "uncontrolled ability" to accrue storage costs
and create a lien that would give de facto possession of the
vehicle to someone other than the real owner.
9:37:40 AM
SENATOR FRENCH informed the committee that he had an amendment
to address that concern.
9:38:00 AM at ease 9:40:21 AM
SENATOR FRENCH moved Amendment 1.
24-LS1372\YA.1
Luckhaupt
A M E N D M E N T 1
OFFERED IN THE SENATE
TO: CSHB 347(JUD) am
Page 1, lines 1 - 2:
Delete "mandatory impoundments of vehicles used in certain
offenses,"
Page 2, lines 12 - 20:
Delete all material.
Hearing no objections, Amendment 1 was adopted.
SENATOR GUESS moved SCS CSHB 347(JUD) out of committee with
individual recommendations and attached fiscal notes. Hearing no
objections, the motion carried.
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