HB37 - MOTOR VEHICLE INSURANCE - Thomason, Larry
HB37 REQUIRES SHOWING PROOF OF INSURANCE WHEN REGISTERING A MOTOR VEHICLE.
Sponsor: Thomason, Larry (163) Effective Date:00/00/00
CoSponsor: LR Number:0545-02
Last Action: This Bill is a Substitute - Check Primary Bill HB234
HCS HB 234, 37, 166, 253
Next Hearing:Hearing not scheduled
Calendar:Bill currently not on calendar
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Available Bill Summaries for HB37
| Perfected | Committee | Introduced |


Available Bill Text for HB37
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****** NO FISCAL NOTES AVAILABLE AT THIS TIME ******

BILL SUMMARIES

PERFECTED

HCS HB 234, 37, 166, 253 -- MOTOR VEHICLE INSURANCE (Thomason)

This substitute requires that all motor vehicles registered in
the state or required to be registered in this state maintain
financial responsibility.  Any person who violates this
provision is guilty of a class C misdemeanor and the courts will
assess and impose a minimum fine of $100.  No court can suspend
the imposition of a sentence for violation of the provision or
suspend the execution of any sentence imposed for a violation.

Vehicle owners at the time of registration must present their
insurance identification card or some other proof of financial
responsibility.

In the event of an accident and the owner of the vehicle is not
the operator of the vehicle at the time of the accident, the
owner will be responsible for the damages in the same manner and
extent as an insurance carrier will be liable under the terms of
a liability policy.  Any person who fails to maintain financial
responsibility and is subject to suspension due to damages or
injuries arising out of an accident will have his or her license
to operate a motor vehicle suspended until such person deposits
security, is released from liability, is finally adjudicated not
liable, or executes an agreement providing for payment with
respect to all injuries or damages from an accident.  The person
will not be eligible for reinstatement unless proof of financial
responsibility is filed with the Department of Revenue.  If a
person has had 2 or more prior suspensions for failure to
maintain the required financial responsibility, the
reinstatement fee will be $1,000.

All final decisions of the administrative hearing process of the
Department of Revenue must be made within 120 days of the date a
hearing is held.  Presently, all final decisions must be made
within 90 days after request.

Any person who operates a vehicle while his or her license or
registration has been suspended or revoked or knowingly permits
any motor vehicle owned by such person to be operated by another
upon any highway is guilty of a class A misdemeanor.  No court
may suspend the imposition of sentence nor impose a fine in lieu
of a term of imprisonment, nor is such person eligible for
parole or probation until he or she has served a minimum of 30
days, unless as a condition of parole or probation the person
performs at least 10 days involving at least 100 hours of
community service under the supervision of the court in those
jurisdictions which have a recognized program for community
service.

No automobile liability policy covering historic motor vehicles
will be required to cover uninsured motorist coverage.

This substitute also requires the Director of Revenue to perform
financial responsibility verification sampling of the motor
vehicle registrations or licenses which is statistically
significant or 1%, whichever is greater, to determine the number
of insured motorists in the state, or to insure compliance.

FISCAL NOTE:  Estimated Net Increase To Highway Fund of
$1,145,544 in FY 96, $1,442,221 in FY 97, and $1,442,939 in FY
98.


COMMITTEE

HCS HB 234,37,166 and 253 -- MOTOR VEHICLE INSURANCE

SPONSOR:  Thomason

COMMITTEE ACTION:  Voted "do pass" by the Committee on Motor
Vehicle and Traffic Regulations by a vote of 9 to 0.

This substitute requires vehicle owners at the time of
registration to present their insurance identification card or
some other proof of financial responsibility.

Any person who fails to maintain financial responsibility and is
subject to suspension due to damages or injuries arising out of
an accident, will have his or her license to operate a motor
vehicle suspended until such person deposits security, is
released from liability, is finally adjudicated not liable, or
executes an agreement providing for payment with respect to all
injuries or damages from an accident.  The person will not be
eligible for reinstatement unless proof of financial
responsibility is filed with the Department of Revenue.  If a
person has had 2 or more prior suspensions for failure to
maintain the required financial responsibility, the
reinstatement fee will be $1,000.

All final decisions of the administrative hearing process of the
Department of Revenue must be made within 120 days of the date a
hearing is held.  Presently, all final decisions must be made
within 90 days after request.

Any person who operates a vehicle while his or her license or
registration has been suspended or revoked or knowingly permits
any motor vehicle owned by such person to be operated by another
upon any highway is guilty of a class A misdemeanor.  No court
may suspend the imposition of sentence nor impose a fine in lieu
of a term of imprisonment, nor is such person eligible for
parole or probation until he or she has served a minimum of 30
days, unless as a condition of parole or probation the person
performs at least 10 days involving at least 100 hours of
community service under the supervision of the court in those
jurisdictions which have a recognized program for community
service.

No automobile liability policy covering historic motor vehicles
will be required to cover uninsured motorist coverage.

FISCAL NOTE:  Not available at time of this printing.

PROPONENTS:  Supporters say that the problem of uninsured
motorists is one that many Missourians have been demanding
action on for a long time.  Supporters say it is time that
motorists be responsible for their actions and believe this bill
will help guide them in the right direction.

Testifying for the bill were:  Representatives Thomason, Ross,
Gunn, and May.

OPPONENTS:  Those who oppose the bill say that legislation such
as HB 166 often ends up costing insurance companies, their
customers, and state government money while not reducing the
number of uninsured drivers.

Testifying against the bill were: The National Association of
Independent Insurers; and State Farm Insurance.

Robert Triplett, Research Analyst


INTRODUCED

HB 234 -- Uninsured Motorists

Sponsor:  Thomason

The bill makes several changes related to uninsured motorists.

The bill:

(1) Requires vehicle owners to show financial responsibility
when registering a vehicle;

(2) Requires the Department of Revenue to suspend, for at least
2 years, the license of certain persons who fail to provide
security for damages arising out of an accident where their
vehicle was uninsured. After the 2-year period, reinstatement is
not allowed until the person has filed proof of financial
responsibility with the Department of Revenue, restitution is
made to all persons, and a reinstatement fee of $1,000 is paid;

(3) Prohibits the Director of Revenue from suspending the
license of certain vehicle operators who did not know the
vehicle was uninsured;

(4) Increases the penalty for operating a vehicle with a
suspended or revoked license from $500 and 6 months in jail to
$1,000 and a year in jail;

(5) Increases the penalty for knowingly allowing a person to
operate one's vehicle with a suspended or revoked license from
$500 and 6 months in jail to $1,000 and a year in jail;

(6) Prohibits the court from suspending imposition of sentence
for either of the above crimes; and

(7) Requires that persons convicted of either crime be
imprisoned for at least 30 days, unless as a condition of parole
or probation the person performs at least 10 days and 100 hours
of community service.


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Last Updated November 3, 1997 at 9:56 am