85(R) - 2017
Transportation & Infrastructure
Relating to the offense of operating a motor vehicle without financial responsibility.
The fiscal implications of the bill cannot be determined at this time.
It is unknown to what extent officers are unable to verify financial
responsibility for drivers issued citations for no insurance, nor is the
number of those affected drivers that would subsequently provide proof
of insurance for the time the offense occurred.
Under current law, a peace officer who has access to the insurance verification program may not issue a citation to a driver of a motor vehicle for operating the vehicle without complete financial responsibility, which includes a valid liability insurance policy, if financial responsibility has been verified through the verification program.
SB 1187 would prohibit a peace officer from issuing a citation for failure to maintain financial responsibility unless they first attempt to verify financial responsibility through the verification program. Any citation issued under this section would now have to include an affirmative indication that the officer was unable at the time of the offense to verify financial responsibility through the program. This bill would also prohibit a surcharge from being assessed on the license of a person accused of failing to maintain insurance if the person proves to the department that the person had insurance at the time of the offense.
Vote Recommendation Notes
This bill supports our principle of limited government. A peace officer who has access to a verification program should not issue a citation for failure to maintain insurance before first checking the the verification program. We support this bill.