SB 717

Under current federal law, if a state does not have a qualifying safety belt

statute, as a penalty certain federal highway moneys distributed to the state may be

transferred from, generally, highway construction funding to highway safety

funding. Currently, the Department of Transportation must annually prepare a plan

to use, for purposes of state and local emergency medical services, at least 25 percent

of the federal funds that would be transferred under this federal penalty provision

were it to be applied to the state. Current law also requires DOT to consult with the

Council on Highway Safety, the Department of Health Services, and the Emergency

Medical Services Board before preparing the plan.

Under this bill, DOT must prepare the plan only in years in which DOT expects

that federal funds distributed to the state will be transferred under the penalty

provision and DOT is not required to consult with the Council on Highway Safety

before preparing the plan.

This bill corrects an erroneous cross-reference related to penalties for driving

under the influence of an intoxicant.

Current law imposes certain requirements related to reporting a motor

vehicle's mileage upon transfer of the vehicle. Specifically, 1) a transferor may not

transfer ownership of a motor vehicle without disclosing the vehicle's mileage in

writing to the transferee; 2) a transferor may not knowingly make a false statement

in disclosing the vehicle's mileage to a transferee; and 3) no person may alter, erase,

or obliterate any information contained on a mileage disclosure statement. Current

law provides two inconsistent penalties for a person who violates one of these

provisions with intent to defraud. Specifically, the current provision provides that a

person who violates one of the above provisions with intent to defraud 1) may be fined

not more than $5,000 or imprisoned for not more than seven years and six months

or both; and 2) is guilty of a Class H felony, which is punishable by a fine not to exceed

$10,000 or imprisonment not to exceed six years or both.

This bill eliminates the reference to a fine of not more than $5,000 or

imprisonment for not more than seven years and six months or both. Under this bill,

any person who violates one of the above provisions with intent to defraud is guilty

of Class H felony.

Currently, two statutory provisions reference the no longer extant Interstate

Commerce Commission. This bill replaces those references with references to the

federal Surface Transportation Board. Also under current law, three statutory

provisions reference state motor carrier certificates for interstate operation that are

no longer authorized under federal law. This bill removes these references.

For further information, see the

Notes

provided by the Law Revision

Committee of the Joint Legislative Council.