05/03/2006 03:30 PM Senate STATE AFFAIRS

   CSHB 347(JUD) am -MOTOR VEHICLE INSURANCE/LICENSE/ NOTICES                                                               
                                                                                                                                
CHAIR THERRIAULT announced HB 347 to be up for consideration.                                                                   
                                                                                                                                
REPRESENTATIVE LES  GARA, Sponsor  of HB  347 explained  that the                                                               
bill closes  a loophole in the  DMV law and criminal  statutes in                                                               
which  people are  charged  with not  having  insurance when,  in                                                               
fact, they do.                                                                                                                  
                                                                                                                                
In the event of a car  accident, the driver must show the officer                                                               
proof of insurance. Subsequent to  that, the driver must fill out                                                               
paperwork and send it to  the Department of Motor Vehicles (DMV).                                                               
If  for some  reason  the paperwork  doesn't get  to  DMV then  a                                                               
reminder  notice is  sent to  the driver  at the  address on  the                                                               
driver's license.  It is not  sent to  the address on  the police                                                               
report even  though that  is a  more recent  and probably  a more                                                               
accurate  address.  Because  the paperwork  isn't  complete,  the                                                               
driver  is technically  driving  without a  license,  which is  a                                                               
crime. If the  driver happens to get pulled over,  he or she will                                                               
be charged with  driving without a license.  Although the problem                                                               
will likely  be straightened out  by the  time the case  comes to                                                               
trial, it's still hanging over the driver's head.                                                                               
                                                                                                                                
HB 347  will do several  things: it tells  the driver that  he or                                                               
she doesn't  have to  worry about the  criminal charge;  it tells                                                               
DMV that  it can send  paperwork to  the correct address;  and it                                                               
establishes  a   minimum  fine  of   $500  for   driving  without                                                               
insurance.                                                                                                                      
                                                                                                                                
The House State  Affairs Committee added a provision  so that law                                                               
enforcement can  impound a  driver's car if  a number  of driving                                                               
crimes have been committed.                                                                                                     
                                                                                                                                
4:18:00 PM                                                                                                                    
DUANE  BANNOCK,  Director,  Division  of  Motor  Vehicles  (DMV),                                                               
Department of  Administration, stated  strong support for  HB 347                                                               
and Section  4 in particular. It  clarifies that DMV may  use the                                                               
address on the police report rather  than an old address from the                                                               
license.                                                                                                                        
                                                                                                                                
CHAIR  THERRIAULT  asked  if  this   addresses  drivers  who  had                                                               
insurance the whole time.                                                                                                       
                                                                                                                                
REPRESENTATIVE GARA assured  members that this is  only a defense                                                               
for drivers who had insurance.                                                                                                  
                                                                                                                                
MR. BANNOCK recapped saying the  system begins to fall apart when                                                               
DMV looks  in its  "tickler file" for  the purpose  of contacting                                                               
the customer  by certified mail  and the  address in the  file is                                                               
bad.                                                                                                                            
                                                                                                                                
SENATOR  KIM  ELTON  motioned  to report  CSHB  347(JUD)  am  and                                                               
attached   fiscal   note(s)   from  committee   with   individual                                                               
recommendations. There being no objection, it was so ordered.