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HCS#2/HB 499 - This act requires the Director of the Department of Revenue to revoke a driver's license upon notification by a law enforcement officer that an individual was involved in a physical accident where his or her negligence contributed to his or her vehicle striking a worker or highway worker, as defined in the act, within a properly designated construction or work zone (Section 304.585), or substantially contributed to his or her vehicle striking an emergency responder within a properly designated active emergency zone (Section 304.894). The Department shall base its determination of these facts on the report of the law enforcement officer investigating the incident, and its determination shall be final except as specified in the act. Required notice of the revocation shall be deemed received by the driver three days after mailing unless returned by the postal authorities. The notice shall clearly state the reason and statutory grounds for the revocation, the effective date of the revocation, the right to request a hearing, and the date by which the request must be made. The revocation shall be effective not sooner than 15 days from the Department's order. Individuals who received notice of driver's license revocation may apply for immediate reinstatement by retaking and passing the written and driving portions of the driver's examination, or may petition the circuit court in the county in which the accident occurred. The revocation may be stayed pending the outcome of the case, as specified in the act. The county prosecutor shall act on behalf of the Director of Revenue at the hearing. The hearing shall determine only whether the person was involved in a highway accident when a worker or emergency responder was hit, whether applicable guidelines for notice and signage were properly implemented, and whether the investigating officer had probable cause to believe the person's negligence contributed to the vehicle striking a highway worker or substantially contributed to the vehicle striking an emergency responder. If the court determines any of these conditions to not be satisfied, the court shall order the Director to reinstate the individual's license. Administrative rulings to reinstate a license under these provisions, and any related evidence, shall not be subject to subpoena or otherwise discoverable in any administrative, civil, or criminal case. This act is similar to SCS/SB 254 (2019) and HCS/HB 2287 (2018). ERIC VANDER WEERD
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