SCS HCS HB 1536 -- IMPAIRED DRIVERS

The Director of Revenue presently has the authority to require
drivers to submit to an examination if there is good cause to
believe that a driver is incompetent or unqualified to drive and
to revoke, suspend, or restrict a license based on examination
results.  This bill allows the director to deny or withdraw a
license or to require periodic testing of the licensee.  Good
cause is based upon reports by law enforcement officers,
physicians, physical therapists, occupational therapists,
registered nurses, social workers, or any member of the
operator's family over the age of 18 within 3 degrees of
consanguinity.

The composition of such reports is outlined in the bill.  Any
person who makes a report in good faith will be immune from any
civil liability that otherwise might result from making the
report.  All reports made and all medical records reviewed and
maintained by the Department of Revenue will be kept
confidential except upon order of a court of competent
jurisdiction.  Reporting is limited to one time per year.  A
person whose license is taken away because of a temporary
condition may petition for total or partial reinstatement.

The bill establishes a medical/vision advisory board within the
Department of Revenue in order to advise the Director of Revenue
on medical criteria for the reporting and examination of drivers
with medical impairments.  Any guidelines and regulations must
be issued in compliance with the Americans with Disabilities Act.

Examinations required may include, but are not limited to, a
written test, tests of driving skills, vision, highway sign
recognition if appropriate, and a physical or mental examination.

Any person who knowingly violates a confidentiality provision of
this bill, knowingly permits or encourages the unauthorized use
of a report or reporting a person's name, or intentionally files
a false report is guilty of a class A misdemeanor and be liable
for damages.

The bill has an effective date of January 1, 1999.

HCS HB 1536 -- IMPAIRED DRIVERS (Lakin)

This substitute permits the parent, grandparent, or guardian of
a person under 16 years of age learning to drive to designate 2
people authorized to accompany the applicant and give driving
instruction if the parent, grandparent, or guardian has a
physical disability disqualifying them from being a qualified
licensed motor vehicle operator.  The designees must be at least
21 years old and licensed operators of the type of motor vehicle
being operated.  The names of the designees must be provided to
the Department of Revenue at the time of application for a
temporary instruction permit and will be printed on the permit.

The Director of Revenue presently has the authority to require
drivers to submit to a driving test if there is "good cause" to
believe that a driver is incompetent or unqualified to drive.
Good cause is based upon reports by law enforcement officers,
physicians, physical therapists, occupational therapists,
registered nurses, social workers, or any member of the
operator's family within 3 degrees of consanguinity over the age
of 18.  Examinations may include, but are not limited to, a
written test and test of driving skills, vision, highway sign
recognition if appropriate, and a physical or mental examination.

The substitute spells out the composition of the reports.  Any
person who makes a report in good faith is immune from any civil
liability that otherwise might result from making the report.
All reports made and all medical records reviewed and maintained
by the Department of Revenue will be kept confidential except
upon order of a court of competent jurisdiction.  A family
member can report an impaired driver one time per year.  A
person whose license is taken away because of a temporary
condition may petition for total or partial reinstatement.

Any person who knowingly violates a confidentiality provision of
this substitute, knowingly permits or encourages the
unauthorized use of a report or reporting a person's name, or
intentionally files a false report will be guilty of a class A
misdemeanor and be liable for damages.

The substitute permits the Director of the Department of Revenue
to consult with the Director of the Division of Aging regarding
medical criteria and cases involving medical impairment.  The
Director of Aging is permitted to consult with a medical
advisory board within the Department of Social Services.

This substitute will become effective January 1, 1999, and has
penalty provisions.

FISCAL NOTE:  Estimated Net Cost to Highway Fund of $75,039 in
FY 1999, $61,105 in FY 2000, and $62,619 in FY 2001.

HCS HB 1536 -- IMPAIRED DRIVERS

SPONSOR:  Lakin

COMMITTEE ACTION:  Voted "do pass" by the Committee on Consumer
Protection by a vote of 12 to 1.

The Director of Revenue presently has the authority to require
drivers to submit to a driving test if there is "good cause" to
believe that a driver is incompetent or unqualified to drive.
This bill allows good cause to be based upon reports by law
enforcement officers, physicians, physical therapists,
occupational therapists, or registered nurses, social workers,
or any member of the operator's family within 3 degrees of
consanguinity over the age of 18.

The substitute spells out the composition of such reports.  Any
person who makes a report in good faith will be immune from any
civil liability that otherwise might result from making the
report.  All reports made and all medical records reviewed and
maintained by the Department of Revenue will be kept
confidential except upon order of a court of competent
jurisdiction.  Reporting is limited to one time per year.  A
person whose license is taken away because of a temporary
condition may petition for total or partial reinstatement.

The substitute establishes a medical/vision advisory board
within the Department of Revenue in order to advise the Director
of Revenue on medical criteria for the reporting and examination
of drivers with medical impairments.

Examinations required may include, but are not limited to, a
written test and test of driving skills, vision, highway sign
recognition if appropriate, and a physical or mental examination.

Any person who knowingly violates a confidentiality provision of
this bill, knowingly permits or encourages the unauthorized use
of a report or reporting a person's name, or intentionally files
a false report will be guilty of a class A misdemeanor and be
liable for damages.

This bill will become effective January 1, 1999.

FISCAL NOTE:   Estimated Net Cost to Highway Fund of $43,539 in
FY 1999, $67,105 in FY 2000, and $68,619 in FY 2001.

PROPONENTS:  Supporters say that this bill provides additional
ways to keep roads safe by removing impaired drivers who may
hurt themselves or others.

Testifying for the bill were Representative Lakin; Missouri
Highway Patrol; Concerned Americans for Responsible Driving;
Missouri Alzheimer's Coalition; Mid-Missouri Alzheimer's
Association; and American Association of Retired Persons.

OPPONENTS:  There was no opposition voiced to the committee.

Donna Schlosser, Legislative Analyst

HB 1536 -- Reporting and Examination of Impaired Drivers

Sponsor:  Lakin

The Director of Revenue presently has the authority to require
drivers to submit to a driving test if there is "good cause" to
believe that a driver is incompetent or unqualified to drive.
This bill allows good cause to be based upon reports by law
enforcement officers, physicians, physical therapists,
occupational therapists, or registered nurses, social workers,
or any member of the operator's family within 3 degree of
consanguinity over the age of 18.

The bill spells out the composition of such reports.  Any person
who makes a report in good faith will be immune from any civil
liability that otherwise might result from making the report.
All reports made and all medical records reviewed and maintained
by the Department of Revenue will be kept confidential except
upon order of a court of competent jurisdiction.

The bill establishes a medical/vision advisory board within the
Department of Revenue in order to advise the Director of Revenue
on medical criteria for the reporting and examination  of
drivers with medical impairments.

Examinations required may include, but are not limited to, a
written test and test of driving skills, vision, highway sign
recognition if appropriate, and a physical or mental examination.

Any person who knowingly violates a confidentiality provision of
this bill, knowingly permits or encourages the unauthorized use
of a report or reporting a person's name, or intentionally files
a false report will be guilty of a class A misdemeanor and be
liable for damages.

This bill will become effective January 1, 1999.