TRULY AGREED
CCS SS SCS HB 207 -- MOTOR VEHICLE DEALERS; MOTOR VEHICLE
FINANCIAL RESPONSIBILITY
This bill eliminates the Motor Vehicle Commission and transfers
its functions to the Department of Revenue. The Department will
license all auto public and wholesale auctions and all dealers
and manufacturers. Dealer license plates will be issued to
these licensees. Disciplinary action may be taken against any
licensee committing a felony violation of motor vehicle laws.
Public auto auctions are distinguished from wholesale auto
auctions. Public auto auctions must place signs around the
auctioneer warning buyers that the vehicles may not have been
inspected for safety.
The bill clarifies the procedure for transferring a current
valid license plate to a newly purchased vehicle.
The bill also places any rule promulgated under its authority
under certain standards for withstanding a challenge, requires
the court to award reasonable fees and expenses to any
prevailing party in such a challenge, and requires that rules
promulgated pursuant to the bill expire on August 28th of the
year after they become effective unless extended by statute.
These rules provisions have a conditional termination date. In
addition, rulemaking authority delegated prior to the effective
date of the bill is repealed. A statement of nonseverability
applies to this provision.
The above provisions are subject to an emergency clause.
The bill makes several changes to the requirements for motor
vehicle financial responsibility. Any operator of a motor
vehicle must exhibit an insurance identification card on the
demand of any peace officer or when a peace officer is
investigating an accident. Any person failing to exhibit proof
on demand is guilty of Class C misdemeanor. No person will be
found guilty who can show that he or she met the requirements at
the time the citation was written.
Evidence of financial responsibility is required for vehicle
registration, and notice must be made of this requirement in
bold, colored print. The penalty for false affidavits must be
made known.
The financial responsibility provision of this bill will become
effective on January 1, 1998.