Legislature(2007 - 2008)BELTZ 211

04/03/2008 01:30 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 331 MOTOR VEHICLES:LICENSES/INSURANCE/NOTICES TELECONFERENCED
Heard & Held
+ SB 280 MEDICAID/ INS FOR CANCER CLINICAL TRIALS TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
= SB 113 NURSING MOTHERS IN WORKPLACE
Moved CSSB 113(L&C) Out of Committee
= HB 295 RECORDED OR FILED DOCUMENTS
Moved HB 295 Out of Committee
= HB 379 CPA EDUCATION REQUIREMENTS
Moved HB 379 Out of Committee
    CSHB 331-MOTOR(L&C) VEHICLES:LICENSES/INSURANCE/NOTICES                                                                 
                                                                                                                                
2:34:00 PM                                                                                                                    
CHAIR ELLIS announced CSHB 331(L&C) to be up for consideration.                                                                 
                                                                                                                                
2:34:31 PM                                                                                                                    
CRYSTAL KOENEMAN,  staff for Representative Roses,  sponsor of HB
331,  said  it addresses  four  different  things. 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. It also adds an affirmative defense                                                               
clause that states  if a person's license has  been suspended for                                                               
failure to  show proof  of insurance, that  it is  an affirmative                                                               
defense to show the court they  had insurance at the time. Third,                                                               
HB 331 states  if a person doesn't have vehicle  insurance, he 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 1-year. The sponsor  feels the                                                               
penalty  should  be stronger  because  people  who drive  without                                                               
insurance cost the state more money.                                                                                            
                                                                                                                                
Finally, current statute says that a  person must fill out a form                                                               
following  a vehicle  accident proving  they did,  in fact,  have                                                               
insurance at the  time. If a person fails to  fill out that form,                                                               
a  notice is  sent to  them requiring  them to  respond. If  they                                                               
don't  respond   after  30  days,   their  driver's   license  is                                                               
suspended. The notice is sent to  the address on file, not to the                                                               
address  that is  listed on  the accident  report. So,  section 4                                                               
changes  the  notification  procedure  to be  sent  to  the  most                                                               
current address whether  it is the one on the  accident report or                                                               
the one DMV has on file.                                                                                                        
                                                                                                                                
2:37:43 PM                                                                                                                    
WHITNEY   BREWSTER,  Director,   Division   of  Motor   Vehicles,                                                               
Department  of Administration  (DOA) supported  HB 331.  She said                                                               
sending a notice to the most  recent address makes it more likely                                                               
that  the  person  will  actually  get  it.  The  division  could                                                               
implement it  fairly easily, she said,  and it has a  zero fiscal                                                               
note.                                                                                                                           
                                                                                                                                
CHAIR  ELLIS asked  what their  current practice  is and  if this                                                               
change requires any more staff.                                                                                                 
                                                                                                                                
MS.  BREWSTER  replied  the  division   already  sends  a  notice                                                               
requesting proof of  insurance. If they do not get  a response, a                                                               
second  notice is  sent via  certified mail  that indicates  they                                                               
have 30 days to provide it.  If nothing happens, their license is                                                               
suspended.  Because the  division currently  sends the  notice to                                                               
the address  on record,  this change wouldn't  add to  their work                                                               
load, but it would just allow  an additional option to send it to                                                               
a more current address than the one on file.                                                                                    
                                                                                                                                
CHAIR ELLIS thanked everyone for their testimony and said HB 331                                                                
would be held. There being no further business to come before                                                                   
the committee, he adjourned the meeting at 2:40:45 PM.                                                                        

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