Legislature(2007 - 2008)BELTZ 211
04/07/2008 02:15 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB25 | |
| HB196 | |
| HB354 | |
| HB331 | |
| HB333 | |
| HJR28 | |
| HB305 | |
| HB331 | |
| HB196 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 196 | TELECONFERENCED | |
| + | HB 354 | TELECONFERENCED | |
| + | HB 331 | TELECONFERENCED | |
| + | HB 333 | TELECONFERENCED | |
| = | HB 25 | ||
| = | HB 305 | ||
| = | HJR 28 | ||
CSHB 331(L&C)-MOTOR VEHICLES:LICENSES/INSURANCE/NOTICES CHAIR FRENCH announced the consideration of HB 331. [Before the committee was CSHB 331(L&C).] CRYSTAL KOENEMAN, Staff to Representative Roses, sponsor of HB 331, said the bill does three things. First, it drops the penalty for failure to notify the Department of Motor Vehicles (DMV) of a name or address change from a class B misdemeanor to a fine of not more than $25. 3:20:06 PM SENATOR WIELECHOWSKI asked if she knows whether anyone has ever been convicted of that crime. MS. KOENEMAN replied she doesn't know. SENATOR WIELECHOWSKI asked if there's a mechanism to force a person to update their license. MS. KOENEMAN deferred to Ms. Brewster with DMV. She continued to explain that The second change adds an affirmative defense clause. It states that it is an affirmative defense if someone is charged with driving without insurance and can prove to the court that they did have valid insurance at the time. The third change is in Section 3, which states that if a person doesn't have vehicle insurance, he or she is guilty of a class B misdemeanor and a fine of at least $500. Currently the only fine for driving without insurance is a license suspension of 90 days to one year. CHAIR FRENCH recalled a more severe penalty for that violation. MS. KOENEMAN responded that she knows that municipalities impose different penalties, but at this time it's up the municipality. CHAIR FRENCH said he may be harking back to a time when he was more familiar with that statute. Perhaps he's forgotten, but he would double check. SENATOR WIELECHOWSKI asked for clarification that this is in addition, and the license would still be suspended. MS. KOENEMAN said that's correct. She continued to say that Section 4 of the bill changes the notification procedure. Current statute requires a person who is in an accident to fill out and submit to DMV a form saying he or she did have insurance at the time. DMV sends a notice if a person fails to send in the form and a second notice is sent by certified mail if there is no response. If there is no response after 30 days, the driver's license is suspended. Currently the notice is sent to the address on file, not to the address that is listed on the accident report. Section 4 changes that procedure and allows DMV to send the notice to the address on the accident report. CHAIR FRENCH recalled an instance of a person losing their license because the notification was sent to an old address. This provision has DMV send the notification to either the address that's on file or to the address shown on the accident report, which is probably the best information. You give that information to the officer and you should be telling the truth. 3:23:47 PM MS. KOENEMAN agreed. CHAIR FRENCH asked Ms. Brewster if she had anything to add to the discussion on HB 331. WHITNEY BREWSTER, Director, Division of Motor Vehicles, Department of Administration, said the DMV supports HB 331 because it allows the division more flexibility on where license suspension notifications are sent. This will increase the odds that notice gets to the proper individuals. What is listed on the accident report is sometimes more current than information on file. Current law requires DMV to send the notice to the address on record and this allows the notice to be sent to the most current address, whether it is the one on the accident report or the one DMV has on file. Responding to the question raised earlier, she relayed that no one has been convicted of a misdemeanor for not changing their address with the DMV. SENATOR WIELECHOWSKI asked if it becomes an issue for DMV if people change their address multiple times and don't notify DMV. MS. BREWSTER replied DMV likely wouldn't be aware that it was happening. CHAIR FRENCH asked if there's an A misdemeanor on the books for driving without vehicle insurance. MS. BREWSTER replied she isn't sure. 3:26:28 PM CHAIR FRENCH set HB 331 aside. At ease from 3:26:43 PM to 3:27:22 PM. CSHB 331(L&C)-MOTOR VEHICLES:LICENSES/INSURANCE/NOTICES CHAIR FRENCH announced the consideration of HB 331. [Before the committee was CSHB 331(L&C).] Referring to the discussion during the bill hearing earlier in the afternoon, he said he was right about the penalties for driving without insurance. 4:54:09 PM CHRYSTAL KOENEMAN, Staff to Representative Bob Roses, sponsor of HB 331, agreed he is correct. Driving without insurance is an unclassified misdemeanor. It is punishable by a fine of not more that $500, imprisonment for not more than 90 days, or both. CHAIR FRENCH summarized that driving without insurance is an unclassified misdemeanor in statute now and HB 331 makes it a class B misdemeanor with a minimum $500 fine. Discussion before the hearing began indicated that 9 out of 10 cases are dropped in exchange for someone going out and buying a policy, which is the idea. Finding no one who wished to testify on behalf of HB 331, he asked for a motion. 4:55:23 PM SENATOR McGUIRE motioned to report CS for HB 331 from committee with individual recommendations and attached fiscal note(s). CHAIR FRENCH announced that without objection, CSHB 331(L&C) is moved from the Senate Judiciary Committee.
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