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HB21-1314

Department Of Revenue Action Against Certain Documents

Concerning the authority of the department of revenue to take action against certain documents, and, in connection therewith, making an appropriation.
Session:
2021 Regular Session
Subject:
Transportation & Motor Vehicles
Bill Summary

Under existing law, the department of revenue (department) is either allowed or required to administratively suspend, cancel, revoke, deny, or deny renewal of a driver's license, instruction permit, or identification card following specified conduct by a licensee or card holder. The bill repeals the department's discretionary authority to take administrative action to:

  • Cancel, deny, or deny renewal of a person's driver's license:
  • For unlawful or fraudulent use or conviction of misuse of license, titles, permits, or license plates;
  • Because the person failed to pay a monetary judgment or has an outstanding warrant relating to a traffic violation or a municipal violation committed when the person was under 18 years of age; or
  • Because the person failed to pay a judgment for using public transportation without paying the fare; and
  • Cancel, deny, or deny renewal of a person's driver's license or identification card because the person failed to register all vehicles owned by the person.

The bill repeals mandatory administrative actions by the department to revoke a person's driver's license or instruction permit following a first conviction for illegal underage possession or consumption of alcohol or marijuana or attempting to obtain alcohol when underage, and only permits revocation upon a second or subsequent conviction when a person has failed to complete an alcohol evaluation or assessment, education program, or treatment program ordered by the court in connection with the conviction. The bill allows the revocation to run concurrently with another suspension, revocation, cancellation, or denial.

The bill repeals mandatory administrative actions by the department to:

  • Revoke a person's driver's license or instruction permit for certain convictions related to illegal underage possession or consumption of alcohol or marijuana or attempting to obtain alcohol by misrepresenting the person's age or by any other method or because the person was convicted of, or has received a deferred judgment for, aggravated motor vehicle theft or second degree criminal trespass;
  • Deny issuance or renewal of a person's driver's license because the person failed to pay a monetary judgment or has an outstanding warrant relating to a traffic violation or a municipal violation committed when the person was under 18 years of age or the person failed to pay a monetary judgment for using public transportation without paying the fare; or
  • Suspend the driver's license of certain persons following conviction for selling, serving, or otherwise providing alcohol to or for an underage person or permitting or failing to prevent an underage person from using the person's identification to unlawfully purchase alcohol.

The bill prohibits the department from denying to issue, renew, or reinstate a person's driver's license because the person failed to pay a monetary judgment or has an outstanding warrant relating to a traffic violation or a municipal violation. The person must pay the required fees for issuance or reinstatement of the license.

The bill imposes a $25 fee to issue or restore a person's license if the person's license was revoked because of a DUI, DUI per se, DWAI, or UDD conviction.The bill establishes a study group to examine methods to encourage people who have received a traffic citation, and fail to appear in court, to contest the citation or to pay any default judgment associated with the citation. The study group must report its findings and recommendations by December 31, 2021.The bill makes transfers from the marijuana tax cash fund (cash fund), adds an allowable appropriation from the cash fund, and makes appropriations.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed
Became Law

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Bill Text

COVID-19 Resources
School Finance Poverty Study RFP 2021 (submit by 10 a.m. 8/6/2021)
Solicitation for Members for the Legislative Task Force Concerning Tax Policy (submit by July 27 12:00 p.m.)
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