HS HCS HB 1317 -- OPERATION OF MOTOR VEHICLES (Fritts)

This substitute makes several changes relating to motor
vehicles.  The substitute:

(1)  Requires any person who has been domiciled in the state for
30 days or more to have a valid Missouri license to lawfully
operate a motor vehicle;

(2)  Sets the operation period for temporary motor vehicle
permits or plates at 30 days instead of the current 21 days;

(3)  Changes the initial point value for speeding by assessing 3
points for exceeding the speed limit by 20 miles per hour or
more and 2 points for exceeding the speed limit by between 6 and
20 miles per hour, regardless of whether the limit is set by
state or local authority;

(4)  Establishes 3 points for failing to exercise the highest
degree of care and causing an accident and 2 points for failing
to exercise the highest degree of care without causing an
accident;

(5)  Defines the term "careful and prudent manner" as:

(a)  Maintaining a sufficient lookout to avoid potential road or
highway hazards such as slowing, turning, or stopping vehicles,
and road or highway obstructions;

(b)  Presenting no unreasonable danger to pedestrians and
bicyclists;

(c)  Operating a vehicle with all windows cleared of any
substances which could obstruct or reduce the vehicle operator's
vision;

(6)  Prohibits operation of a vehicle on a center lane of a road
or highway which has been marked as a left turn lane for any
purpose other than making a left turn;

(7)  Prohibits drivers from following another vehicle closer
than 50 feet when the speed limit is over 45 miles per hour;

(8)  Requires the Superintendent of the Highway Patrol, upon
notification from a court or the Director of the Department of
Revenue of the assessment of points to a person under 21 years
old, to determine and forward to the director the license plate
number of the vehicle which was operated by the person when the
violation occurred.  The director must then notify the
registered owner of the vehicle that a person under the age of
21 who was operating the vehicle has been assessed points;

(9)  Allows any commercial motor vehicle subject to federal
motor carrier safety regulations with proof of an annual
periodic inspection to be exempt from the state annual motor
vehicle inspections;

(10)  Allows commercial motor vehicles licensed for a gross
weight of not more than 24,000 pounds to not be required to stop
at an official weight station;

(11)  Allows persons under 16 years old to operate a motor
vehicle for driving instruction when a licensed operator
occupying the seat beside the driver is a designee of a parent,
grandparent, or guardian if the parent, grandparent, or guardian
is unable to operate a motor vehicle because of a physical
disability.  The disabled parent, grandparent, or guardian may
designate up to 2 licensed individuals, 21 years old or older,
to give driving instructions.

(12)  Requires motor vehicle headlamps to be used at any time
when rain, snow, or other atmospheric conditions require use of
windshield wipers;

(13)  Repeals the requirement that applicants for a
noncommercial drivers' license furnish their social security
number;

(14)  Revises the requirement that motorcyclists wear protective
headgear to require only motorcyclists under 21 years of age and
every person operating a motorcycle which has a passenger under
21 years of age to wear protective headgear;

(15)  Repeals the sunset provision on the motorcycle safety
education program;

(16)  Provides law enforcement officers with civil immunity when
responding to a request for assistance or an accident involving
injuries outside the officer's jurisdiction.  The officer's
immunity is the same as if the accident or injury happened
within the officer's jurisdiction;

(17)  Requires the Department of Revenue to give notice to
vehicle owners when the vehicle is operated by a minor who
violates a traffic law; and

(18)  Requires initial applicants for driver's licenses to
submit satisfactory proof that they have legal presence in the
United States and permanent residence in Missouri.  A temporary
60-day driver's license may be issued pending verification of
documents submitted as proof of legal presence in the United
States.  The license will be revoked if the United States
Immigration and Naturalization Service has determined that the
applicant is a deportable alien.  The Department of Revenue is
required to cooperate with the United States Immigration and
Naturalization Service.  The Division of Employment Security of
the Department of Labor and Industrial Relations is required to
maintain a hotline where persons can anonymously and
confidentially report or make inquires regarding the presence or
hiring of an illegal immigrant.  The Director of the Division of
Employment Security is authorized to refer any information to
state or federal agencies.

The substitute also revises statutes on motor vehicle financial
responsibility.  It requires an insurance identification card to
be carried by the insured at all times and presented upon
request to any peace officer, commercial vehicle enforcement
officer, or commercial vehicle inspector.

Any owner who operates or authorizes anyone to operate a vehicle
with no financial responsibility covering operation of the
vehicle, or who operates a vehicle owned by another with the
knowledge the owner has no financial responsibility, is guilty
of a class C misdemeanor.  The court will assess and impose a
fine of $100 for the first offense, $250 for the second offense,
and $500 for the third and subsequent offenses.  Courts cannot
suspend the imposition of a sentence or suspend the execution of
any sentence imposed for a violation.

Any person who fails to maintain financial responsibility, and
is subject to suspension because of damages or injuries arising
out of an accident, will have his or her operator's license
suspended until he or she deposits security, is released from
liability, is finally adjudicated not liable, or executes an
agreement providing for payment with respect to all injuries or
damages from the accident.  If there is any default in the
payment, the Director of Revenue will suspend the license,
registration, or nonresident operating privilege until:

(a)  The person deposits and maintains required security, files
another written installment agreement, files a final
adjudication of nonliability, or files a release from liability;
or

(b)  Five years have passed since the date of the accident and
no action has been filed in court against the person for a
violation of Chapter 303.

If there is an accident which results in no physical bodily
injury and no more than $500 in property damage and an operator
cannot furnish proof of insurance, the police officer must seize
and hold for 48 hours the license plate of the motor vehicle of
the operator who cannot furnish proof of insurance.  If an
accident results in physical injury or property damage of more
than $500 and an operator cannot furnish proof of insurance, the
police officer must seize and hold for 48 hours the operator's
motor vehicle before forwarding the report if the person does
not furnish proof of insurance.  In both cases the police
officer must file a report with the Director of Revenue who, if
the responsible party has not taken care of all claims within
120 days, may take possession of and sell the motor vehicle at
auction.

All final decisions of the administrative hearing process of the
Department of Revenue must be made within 120 days of the date a
hearing is held.  Presently, all final decisions must be made
within 90 days after request.

The substitute also makes several changes to the law regarding
alcohol-related driving offenses.  The substitute:

(1)  Revises current zero tolerance law by deeming that drivers
under 21 years of age have given implied consent to chemical
testing for drug or alcohol content.  As a result, the minor
driver lawfully stopped or detained by a law enforcement officer
with reasonable grounds to believe the minor has committed a
traffic violation may be asked to undergo blood alcohol content
(BAC) testing.  The minor's refusal will result in license
suspension or revocation for one year;

(2)  Establishes that the crimes of involuntary manslaughter,
second degree assault, and second degree assault of a law
enforcement officer, when committed by an intoxicated person
operating a motor vehicle, are intoxication-related traffic
offenses.  A persistent offender is a person who has been
convicted of any one of these offenses;

(3)  Amends hardship driving privileges law to allow a person
whose operator's license was revoked for a period of 5 years
because of 2 DWI convictions to obtain a hardship driving permit
after 2 years of revocation, or to allow a person revoked for a
10 year period to obtain a hardship permit after 3 years of
revocation, if the person is not otherwise ineligible for a
limited driving privilege.

(4)  Requires all motor vehicles registered in the state to be
equipped with ignition interlock device calibrated at the level
of 0.05 of one percent.

The statutory point penalty for careless and imprudent driving
is increased when aggravating circumstances exist.  Aggravating
circumstances are defined by the bill as circumstances in which
any person suffers death or serious physical injury.

Law enforcement officers are required to administer a blood
alcohol content test to any driver involved in an accident that
results in the death or serious physical injury of any person.

The substitute also revises state motor vehicle inspection law
by requiring official motor vehicle inspections only
biennially.  The inspection fee is $12.00.  The state collects a
fee of $1.50 for each inspection, with $1.00 credited to the
State Highway Fund and $0.50 credited to the Highway Patrol
Inspection Fund. Official inspection station permit holders are
responsible for the conduct of their business and for any act by
an employee on the premises which is in violation of motor
vehicle safety inspection laws or regulations.  The
Superintendent of the Highway Patrol may suspend the license of
an inspection station for violations for periods of not less
than 30 days or more than 3 years.  The superintendent may
assign qualified persons who are not highway patrol officers to
investigate and enforce safety inspection laws and regulations.

FISCAL NOTE:  Estimated Net Cost to General Revenue of $227,503
in FY 1999, $286,143 in FY 2000, and $296,010 in FY 2001.  Costs
for the Office of State Courts Administrator could exceed
$100,000 annually.  Estimated Net Cost to Highway Fund of
$448,013 in FY 1999, $525,719 in FY 2000, and $482,531 in FY
2001.  Numerous unknown income and costs not included in total.
Estimated Net Effect on Highway Patrol Inspection Fund is $0 in
FY 1999, FY 2000, and FY 2001.  Estimated Net Effect on State
Schools Money Fund is $0 in FY 1999, FY 2000, and FY 2001.
Estimated Net Cost to Motorcycle Trust Fund of $2,499 in FY
1999, $3,000 in FY 2000 and FY 2001.  Estimated Net Effect on
Various State Funds is Unknown in FY 1999, FY 2000, and FY 2001.

HCS HB 1317 -- OPERATION OF MOTOR VEHICLES

SPONSORS:  Thomason (Fritts)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Motor
Vehicle and Traffic Regulations by a vote of 14 to 0.

This substitute makes several changes relating to motor
vehicles.  The substitute:

(1)  Makes it unlawful for any person to operate a motor vehicle
in the state when such person has been domiciled in the state
for 30 days or more unless the person has a valid Missouri
license;

(2)  Changes the initial point value for speeding to assess 3
points for exceeding the speed limit by 20 miles per hour or
more, and 2 points for exceeding the speed limit by between 6
and 20 miles per hour, whether the limit is set by state or
local authority;

(3)  Establishes points for failing to exercise the highest
degree of care and causing an accident, 3 points, and failing to
exercise the highest degree of care without causing an accident,
2 points;

(4)  Defines the term "careful and prudent manner" as:

(a)  Maintaining a sufficient lookout to avoid potential road or
highway hazards such as slowing, turning, or stopping vehicles
and road or highway obstructions;

(b)  Presenting no unreasonable danger to pedestrians and
bicyclists;

(c)  Operating a vehicle with all windows cleared of any
substances which could obstruct or reduce the vehicle operator's
vision;

(5)  Prohibits operation of a vehicle on a center lane of a road
or highway which has been marked as a left turn lane for any
purpose other than making a left turn;

(6)  Prohibits drivers from following another vehicle closer
than 50 feet when the speed limit is over 45 miles per hour;

(7)  Requires the superintendent of the Highway Patrol, on
notification from a court or the Director of the Department of
Revenue of the assessment of points to a person under 21 years
old, to determine the license plate number of the vehicle which
was operated by the person when the violation occurred.  The
license plate number obtained will be forwarded to the Director
of the Department Revenue.  The director must then notify the
registered owner of the vehicle that a person under the age of
21 who was operating the vehicle has been assessed points.  The
substitute spells out the contents of the notification;

(8)  Requires motor vehicle headlamps to be in use at any time
when rain, snow, or other atmospheric conditions require the use
of windshield wipers; and

(9)  Requires only motorcyclists under 21 years of age to wear
protective headgear.

This substitute also requires that an insurance identification
card must be carried by the insured at all times.  Operators
will be required to present their insurance identification card
upon request of any peace officer, commercial vehicle
enforcement officer, or commercial vehicle inspector.  If an
operator fails to present an insurance card, the officer or
inspector will issue a citation.

Any owner who operates, authorizes anyone to operate, or
operates a vehicle owned by another with the knowledge the owner
has no financial responsibility covering the operation of the
vehicle is guilty of a class C misdemeanor.  The court will
assess and impose a fine of $100 for the first offense, $250 for
the second offense, and $500 for the third and any subsequent
offense.  No court can suspend the imposition of a sentence or
suspend the execution of any sentence imposed for a violation.
No penalty for a violation of these provisions will be assessed
or imposed, if evidence is provided to the satisfaction of the
court that on the date the violation was charged the person in
question was in compliance with financial responsibility
requirements.

Any person who fails to maintain financial responsibility and is
subject to suspension due to damages or injuries arising out of
an accident, will have his or her license to operate a motor
vehicle suspended until he or she deposits security, is released
from liability, is finally adjudicated not liable, or executes
an agreement providing for payment with respect to all injuries
or damages from an accident.

If there is any default in the payment in any written agreement,
the director will suspend the license, any registration, or
nonresidents operating privilege until:

(a)  The person deposits and maintains required security, files
another written installment agreement, or files a final
adjudication of nonliability, or files a release from liability;
or

(b)  Five years have passed since the date of the accident and
no action has been filed in court against the person for a
violation of Chapter 303.

All final decisions of the administrative hearing process of the
Department of Revenue must be made within 120 days of the date a
hearing is held.  Presently, all final decisions must be made
within 90 days after request.

The Director of Revenue will be prohibited from issuing any
driver's license to any person not previously issued a license
unless the person has submitted satisfactory proof that he or
she has legal presence in the United States and permanent
residence in Missouri.

The director may issue a temporary driver's license, valid for
60 days, pending any verification of documents submitted as
proof of legal presence in the United States.  However, the
director will be required to revoke the driver's license or
privileges of any person the United States Immigration and
Naturalization Service  has determined to be a deportable
alien.  The substitute spells out the procedure for revocation
and the hearing process.

The Department of Revenue will be required to cooperate with the
United States Immigration and Naturalization Service and provide
assistance and service.  The Division of Employment Security of
the Department of Labor and Industrial Relations is required to
establish and maintain a program providing a hotline where
persons can report or make inquires regarding the presence or
hiring of an illegal immigrant.  Any person using the hotline
will remain anonymous and information given will be
confidential; however, the Director of the Division of
Employment Security will be authorized to refer any information
to any state or federal agency.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$227,503 in FY 1999, $286,143 in FY 2000, and $296,010 in FY
2001.  Costs for the Office of State Courts Administrator could
exceed $100,000 annually.  Estimated Net Cost to Highway Fund of
$687,774 in FY 1999, $807,725 in FY 2000, and $768,422 in FY
2001.  Unknown income not included in total.  Estimated Net
Effect on State Schools Money Fund of $0 in FY 1999, FY 2000,
and FY 2001.  Estimated Net Cost to Motorcycle Trust Fund of $0
in FY 1999, $2,499 in FY 2000, and $3,000 in FY 2001.

PROPONENTS:  Supporters say that many of the changes in the
substitute were looked at carefully for several years by a study
committee of the highway patrol.  Supporters of the helmet
provisions say this is an issue of freedom.

Testifying for the bill were Representatives Hosmer, Ross,
Thomason, Lograsso, Ridgeway, Kreider, and Wooten for portions
of the bill; Freedom of Road Riders Association for the helmet
portion of the bill.

OPPONENTS:  Those who oppose the bill say that statistics show
that helmets protect heads and motorcyclists are more likely to
die in a crash than are automobile occupants.

Testifying against the bill were Don Koening, Florissant; Brain
Injury Association of Missouri; and Missouri Safety Council.

Bob Triplett, Legislative Analyst

HB 1317 -- Motor Vehicles

Sponsor:  Hosmer, Legan

This bill makes several changes relating to motor vehicles.  The
bill:

(1)  Makes it unlawful for any person to operate a motor vehicle
in the state when such person has been domiciled in the state
for 30 days or more unless the person has a valid Missouri
license;

(2)  Changes the initial point value for speeding to assess 3
points for exceeding the speed limit by 20 miles per hour or
more, and 2 points for exceeding the speed limit by between 6
and 20 miles per hour, whether the limit is set by state or
local authority;

(3)  Establishes points for failing to exercise the highest
degree of care and causing an accident, 3 points, and failing to
exercise the highest degree of care without causing an accident,
2 points;

(4)  Defines the term "careful and prudent manner" as:

     (a)  Maintaining a sufficient lookout to avoid potential
road or highway hazards such as slowing, turning, or stopping
vehicles and road or highway obstructions;

     (b)  Presenting no unreasonable danger to pedestrians and
bicyclists;

     (c)  Operating a vehicle with all windows cleared of any
substances which could obstruct or reduce the vehicle operator's
vision;

(5)  Prohibits operation of a vehicle on a center lane of a road
or highway which has been marked as a left turn lane for any
purpose other than making a left turn; and

(6)  Prohibits drivers from following another vehicle closer
than 50 feet when the speed limit is over 45 miles per hour.