HB 1797 (Truly Agreed) Creates the Insurance Identification Database Fund and modifies other laws relating to motor vehicles
Current Bill Summary
- Prepared by Senate Research -

CCS/SS/HS/HCS/HB 1797 - This act makes several changes in law concerning drivers' licenses, motor vehicle license renewal and the reporting of automobile insurance information. The act also creates several new specialized license plates.

SECTION 32.055 - 32.080 - Under this act, all restrictions imposed by law on the disclosure of information by the Department of Revenue shall also apply to persons or entities contracting with the director to provide electronic filing, issuance or renewal services. Personal information in motor vehicle and driver's license records shall be presumed to be closed instead of open to the public. Current law requires individuals to request their information be private. This act requires the express consent of the individual for the information to be public. It also eliminates the bulk disclosure of motor vehicle and driver's license records by the Department of Revenue. These provisions are similar to the ones contained in SB 538 & 565 (2000).

SECTION 32.300 - The Department of Revenue shall design a motor vehicle license renewal system which may be used through the department's Internet web site in counties where personal property taxes are accessible via computer. This act also requires the department to develop an online system whereby the payment of state taxes can be made. Both systems must be ready for use by January 1, 2002. This is similar to SB 994 (2000).

SECTION 301.025 - People who are registering their motor vehicle shall submit proof to the county or township collector that they have paid personal property taxes in the preceding years if they were residents of another county in the preceding years. If electronic data are not available, residents of counties with a township form of government shall present personal property tax receipts which have been paid for the preceding two years when completing registration.

SECTION 301.474 - 301.3062 - This act creates the Bronze Star, Combat Medic, Desert Storm, Distinguished Flying Cross, POW/MIA, Ancient Arabic Order Shriners (SB 728 and 834), Wilson's Creek National Battlefield (SB 628) and American Legion specialized license plates. It also creates the WWII Memorial Trust Fund within the state treasury in which people can donate money. The fund will be administered by the Missouri Veteran's Commission and all funds will be used to participate in the National WW II Memorial to be located in Washington, D.C.

SECTION 301.3051 - This act allows members of the Ancient Arabic Order, Nobles of the Mystic Shrine of North America to apply for a specialized license plate. Any person desiring a license plate bearing the emblem of the Shrine shall pay a $25 emblem use fee to the Shrine Temple and $15 in addition to regular registration fees to the Department of Revenue. This part of the act is similar to SB 728, 765 and SB 834 (2000).

SECTION 302.160 - Federal convictions may be used to assess points on driver's licenses. This portion is similar to HB 1465 (2000).

SECTION 302.178 - The Director of Revenue shall deny a full license to an individual until the individual has demonstrated safe driving performance for a period of 12 months or reaches the age of 21, whichever is longer. Similar to a provision contained in SB 613 (2000).

SECTION 303.025 - No owner of a motor vehicle will be in violation of the financial responsibility law for failing to maintain financial insurance if the vehicle is inoperable or is being stored and not in operation.

SECTION 303.026 - Beginning January 1, 2001, this act requires insurance companies to report information regarding the issuance, non-renewal and cancellation of auto insurance policies. The information is to be reported electronically in a format prescribed by rule. Such rule shall provide an exemption from electronic reporting for insurers with a statistically insignificant number of policies in force. Policies issued to owners of fleet or rental vehicles or issued on vehicles that are insured pursuant to commercial line policy are excluded. The information is to be reported at least once per month. Each insurance company shall provide to the department a record of each policy issued, canceled, terminated or revoked during the period since the previous report. The information reported to the Department of Insurance is the property of the respective insurance companies and will not be subject to disclosure under the Sunshine Law. The information may be disclosed to the driver, the parent or legal guardian of the driver, if a minor; a power of attorney; a person involved in an accident with the driver; or the state auditor's office. Any person who knowingly discloses false information shall be guilty of a Class A misdemeanor. An insurance company who knowingly fails to comply with disclosing such information may be subject to an administrative penalty of $500 per day.

SECTION 303.041 - Allows the director of revenue to suspend an owner's driving privilege or registration for failing to maintain financial responsibility.

SECTION 303.042 - Allows the Department of Revenue to send notice of suspension by ordinary mail instead of certified mail. The act also prohibits the Department of Revenue from requiring a person to file a SR-22 or other form of high risk insurance for driving without automobile insurance in order to terminate a suspension. This shall not apply to cases where an accident occurs.

SECTION 303.044 - The act also prohibits the Department of Revenue from requiring a person to file a SR-22 or other form of high risk insurance for driving without automobile insurance in order to terminate a suspension. This shall not apply to cases where an accident occurs and one or more of the parties were uninsured.

SECTION 303.406 - This act creates the Motorist Insurance Identification Database Fund. Six percent of revenues derived from the insurance premiums tax will be credited to this fund for the purpose of funding the motorist insurance identification database. This act permits the Department of Revenue to contract with a designated agent to establish the Motorist Insurance Identification Database by July 1, 2002, rather than January 2001 as required by current law. Current law states January 1, 2001. Requires the state to supply records of people who self-insure to the designated agent for inclusion in the database. The designated agent shall develop a computer database system by December 31, 2002.

SECTION 303.409 - The designated agent shall not select owners of fleet or rental vehicles or vehicles that are insured pursuant to a commercial line policy to determine whether such vehicles have motor vehicle liability coverage.

The director shall not suspend the registrations of owners who fail to maintain financial responsibility on vehicles which were inoperable or being stored on the date proof of financial responsibility was requested. Similar to provisions contained in SB 1051 (2000).

SECTION 303.412 - Current law requires that by March 1, 2003, all licensed insurance companies provide a record of all policies in effect on that date and provide before the seventh working day of each month a record of each policy issued, canceled, terminated, suspended, or revoked during the previous month. The substitute only requires reporting the policies in effect beginning March 1, 2001, before the seventh working day of each month.

SECTION 390.128 - This section also requires the Division of Motor Carrier and Railroad Safety in the Department of Economic Development to make rules permitting electronic filing of insurance certificates by insurance companies. The division is authorized to permit confirmation of coverage through national clearinghouses or private databases and to make rules pertaining to the acceptance of proof of insurance from out-of-state insurance companies.
STEPHEN WITTE

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