- Committee -

SCS/SBs 1233, 840 & 1043 - This act makes numerous revisions to laws relating to the operation, registration, and titling of motor vehicles.

SPECIAL LICENSE PLATE PROCEDURE THROUGH JOINT COMMITTEE ON TRANSPORTATION OVERSIGHT - Under this act, the joint committee on transportation oversight is assigned the duty of approving or denying special license plate applications submitted to it by the Department of Revenue (Section 21.795.6). This act also removes the special license plate exemption which allowed organizations to forego the 100 applicants requirement by paying for the actual cost of initial issuance (Section 301.2999.4).

Organizations seeking authorization to establish a new special license plate must initially petition the Department of Revenue. The organization must submit an application which:

(1) Describes the proposed license plate;

(2) Is accompanied by 100 applications and special plate fees from eligible applicants who plan to purchase the special license plate; and

(3) Is accompanied by an application fee, not to exceed $5,000, to defray the cost of reviewing the application and developing the plate (Section 301.3150).

All moneys received by the Department of Revenue, excluding the special license plate fee, shall be deposited in the "Department of Revenue Specialty Plate Fund". The state treasurer shall be the custodian of the fund and shall make disbursements from the fund for the development and review of special license plates.

The required documents and fees must be submitted to the Department of Revenue by July 1st prior to the next regular session of the General Assembly to be approved by the Joint Committee on Transportation Oversight. If the special license plate application is approved by the joint committee, the sponsoring organization shall submit the proposed art work to the department of revenue no later than 60 days after such approval. If the joint committee denies the application, 97% of the application fee shall be refunded to the organization along with all special license plate fees submitted. The Department shall begin production and distribution of the new special license plates within one year after approval of the special license plate by the joint committee. The Department is authorized to discontinue issuance of special license plates if the organization no long provides services or has stopped issuing emblem use-authorization statements.

Any person or organization who has received a notice of denial of application for development of a special license plate may request a hearing to review the committee's decision within 15 days of receiving the notice of denial (Section 301.3152).

The special license plate fee for all special plates, except special military license plates, is increased from $15 to $25 (Section 301.3154).

PERSONALIZED LICENSE PLATES - Under this act, the restriction that personalized plates not exceed 6 characters in length is removed. The personalization fee is increased from $15 to $25 (section 301.144). The act adds cleanup language regarding the type of vehicles that can display personalized license plates. This act eliminates the requirement of the department to issue a 'stock' plate that is only utilized 30-60 days until the personalized license plate is manufactured; instead the person will receive a temporary permit until the plate is issued (subsection 2 of Section 301.144).

AMATEUR RADIO PLATES - This act requires that amateur radio license plates contain the words "AMATEUR RADIO" in place of the words "SHOW-ME-STATE". Previous plate owners making a new application and paying a new fee to retain an amateur radio plate may request a replacement plate with the words "AMATEUR RADIO" in place of the words "SHOW-ME-STATE". This act is substantially similar to SB 89 (2003) and HB 684 (2001) (Section 301.144.5).

PEACE OFFICER PLATES - This act allows peace officers wounded in the line of duty, or surviving spouses, parents, brothers, sisters or children of a peace officer killed in the line of duty, to receive special license plates. The applicant shall pay $15 in addition to regular registration fees. The plate shall bear the insignia depicting a yellow rose superimposed over the outline of a badge and shall bear the words "TO PROTECT AND SERVE". This provision is similar to the one contained in SB 134 (2003)(Section 301.3128).

KINGDOM OF CALONTIR - This act provides that the words "KINGDOM OF CALONTIR" shall replace the words "SHOW-ME STATE" (Section 301.3098).

FIREFIGHTER PLATES - This act allows firefighters wounded in the line of duty, or surviving spouses, parents, brothers, sisters or children of a firefighter killed in the line of duty, to receive special license plates. The applicant shall pay $15 in addition to regular registration fees. The plate shall bear the words "FIREFIGHERS MEMORIAL". This provision is similar to the one contained in SB 171 (2003)(Section 301.3129).

U.S. VETERAN LICENSE PLATES - This act allows honorably discharged veterans to obtain "U.S. VET" motor vehicle license plates. To obtain these plates, the individual will pay $15 in addition to regular registration fees. This act also removes the requirement from the U.S. VET motorcycle plate provision that the person must have served during a period of war (Section 301.3999). This provision is similar to one contained in SB 240 (2003).

FOXTROTTING LICENSE PLATE - This act allows members of the Missouri Foxtrotting Horse Breed Association to obtain specialized license plates. After making a $25 contribution to the association, the member may obtain the specialized license plate by paying $15 in addition to regular registration fees. The act allows members of the Missouri Foxtrotting Horse Breed Association to personalize the specialized license plates without a fee. The plate shall bear the words "FOXTROTTER - STATE HORSE". This part of the act is identical to SB 261 and HB 170 (2003)(Section 301.3126).

DAUGHTERS OF THE AMERICAN REVOLUTION - This act allows members of the Missouri State Society Daughters of the American Revolution to obtain specialized license plates. To obtain the specialized plate, the member of the organization must pay a one-time emblem-use authorization contribution of $25 and $15 in addition to regular registration fees (Section 301.134). This provision was contained in SB 368 (2003).

KIDS WITH CANCER LICENSE PLATES - This act allows persons to receive "Friends of Kids with Cancer" license plates after making an annual $25 contribution to the Friends of Kids with Cancer organization. In addition to the $25 contribution, the person must pay $15 plus regular registration fees. No additional fee shall be assessed for the personalization of such plates. This provision was contained in SB 369 (2003)(Section 301.3122).

SPECIAL OLYMPIC LICENSE PLATES - This act creates the Special Olympics Missouri license plate. An individual may obtain such a plate after paying $25 to Special Olympics Missouri in addition to the $15 special license plate fee and other registration fees. This provision was contained in SB 382 (2003)(Section 301.3124).

CHILDREN'S TRUST FUND LICENSE PLATES - This act modifies the law regarding Children's Trust Fund license plates. This act states that the plates cannot be issue for apportioned motor vehicles or commercial motor vehicles in excess of 18,000 pounds. This act allows the $25 contribution to be made at time the of registration. This act also requires the Director of Revenue to issue sample license plates to be displayed in revenue offices and that literature describing the Children's Trust Fund be distributed in such offices. This provision is similar to one contained in SB 402 (2003)(Section 301.463).

PROFESSIONAL ENGINEERS LICENSE PLATE - This act allows members of the Missouri Society of Professional Engineers to receive special license plates. In order to obtain such a plate, the member must pay $25 for a emblem-use contribution to the organization and pay $15 in addition to regular registration fees. This provision was contained in SB 403(2003)(Section 301.3132).

ORGAN DONOR LICENSE PLATE - This act creates an organ donor license plate. In order to receive an organ donor license plate, the driver must first donate $25 to the Organ Donor Program Fund established under Section 194.297. The driver must also pay $15 in addition to regular registration fees. The license plate will bear the words "BE AN ORGAN DONOR" in lieu of the words "SHOW-ME STATE". The plates will be designed by the director of revenue in consultation with the Organ Donation Advisory Committee. This provision was contained in SB 419 (2003)(Section 301.3125).

ALPHA PHI OMEGA LICENSE PLATES - This act allows members or alumni of Alpha Phi Omega to obtain specialized license plates. A member may obtain such a plate by making an annual emblem-use contribution fee of $25 to the organization and by paying a fee of $15 in addition to regular registration fees. This provision was contained in SB 484 (2003)(Section 301.3137).

FORMER LEGISLATORS - This act allows former members of the Missouri legislature to receive special license plates. This provision is similar to one contained in HB 1789 (2002)(Section 301.3106).

STREET RODS AND CUSTOM VEHICLE REGISTRATION - This act establishes new registration procedures for street rods and custom vehicles. The act defines "street rod" and "custom vehicle". The annual fee for these vehicles shall equal the fee charged for a personalized license plate ($15) plus regular registration fees. Owners of these types of vehicles must certify at the time of registration that the vehicles will be maintained for occasional transportation, exhibits, club activities, parades, tours, and similar uses and will not be used for general daily transportation. These vehicles are exempt from vehicle inspections and emission tests. License plates for these categories of vehicles shall bear the words "STREET ROD" or "CUSTOM VEHICLE". A street rod or custom vehicle may use blue dot tail lights for stop lamps, rear turning indicator lamps, rear hazard lamps, and rear reflectors. A "blue dot tail light" is a red lamp installed in the rear of the motor vehicle which contains a blue or purple insert that is not more than one inch in diameter. These provisions are similar to HB 598, SB 570 and HB 283(2003)(Section 301.132).

BOY SCOUT/GIRL SCOUT PLATES - This act allows for special license plates designated "Boy Scouts of America", "Girl Scouts of America", and "Gold Award". To obtain these plates, a person must get an emblem-use authorization statement ($25 contribution). Persons wanting a "Boy Scouts of America" plate must get the authorization statement from any local district council in the state. Persons wanting a "Girl Scouts of America" or "Gold Award" plate must get the authorization statement from the Girl Scouts of America. The use authorization statement must be presented to the Department of Revenue at the time of registration along with a $15 fee in addition to the registration fee and other documents required by law. No additional fee will be charged for personalization of these plates. Revenue collected from authorization contributions, minus any reasonable administrative cost, will be used solely for the purposes of the respective organizations. This portion of this act is identical to HB 626 (2003)(Sections 301.3139, 301.3140, and 301.3141).

CAMP QUALITY LICENSE PLATES - This act allows persons who make a $25 contribution to Camp Quality of Missouri to receive license plates with that organization's insignia. Contributions received by the organization will be used for providing scholarships to children with cancer (Sections 301.3144).

STATE TROOPERS EMERGENCY RELIEF SOCIETY - This act allows members of the Missouri Association of State Troopers Emergency Relief Society to obtain license plates bearing the organization's emblem. The Missouri Association of State Troopers Emergency Relief Society will authorize the use of its emblem after receiving a $25 emblem-use contribution fee. This fee must be used solely for the purposes of Missouri Association of State Troopers Emergency Relief Society. In addition to the $25 contribution, any applicant desiring this specialized license plate shall pay $15 in addition to regular registration fees. This provision is similar to SB 216 (2003)(Section 301.3130).

LEWIS AND CLARK LICENSE PLATE - This act allows motorists to obtain Lewis and Clark special license plates. After paying an annual contribution of $25 to the Missouri Travel Council, a $15 special license plate fee, and regular registration fees, a set of special license plates depicting the Lewis and Clark expedition will be issued. This portion of the act is identical to SB 1200 (Section 301.3133).

SALVAGE VEHICLE - This act revises the definition of "salvage vehicle" to include any motor vehicle, semitrailer, or house trailer which has been damaged to the extent that the total cost of repairs to rebuild the vehicle to its condition immediately before it was damaged exceeds 75% of the fair market value of the vehicle prior to the damage. The total cost of repairs to rebuild or reconstruct the vehicle shall not include the cost or repairing, replacing, or reinstalling tires, sound systems or any sales tax for parts or materials to rebuild the vehicle (Section 301.010). The act defines "fair market value." Salvage titles may be negotiable with one reassignment on the back of the title by registered dealers or insurance companies (Section 301.217). This act is similar to SB 1262 and HB 1284 (2004).

STOLEN VEHICLES - SALVAGE DETERMINATION - This act allows insurance companies to obtain clean title without a salvage designation for stolen vehicles which has sustained not sustained damage to the extent that the vehicle would have been declared a salvage vehicle (75% threshold). If the insurance company determines that the stolen vehicle has not exceeded the damage threshold, then the insurance company may have the vehicle inspected by the highway patrol. After the stolen vehicle has been inspected and the insurance company returns any previously issued salvage certificate, the department of revenue will issue the company a certificate without the salvage designation (Section 301.227).

INSURANCE COMPANIES/CLAIMS ADJUSTMENT - This act allows insurance companies who purchase a vehicle through the claims adjustment process for which the company is unable to obtain a negotiable title to apply for a salvage certificate of title (Section 301.193).

OUT OF STATE SALVAGE TITLE INSPECTION PROCESS - Under this act, before an original Missouri certificate of ownership is issued, if a salvage certificate of title has been issued for the same vehicle but no prior inspection and verification has been made in this state, an inspection and a verification of the VIN numbers shall be conducted by the Highway Patrol (Section 301.190).

SALVAGE MOTOR VEHICLE DEALER LICENSE - This act requires salvage motor vehicle licenses to renewed biennially instead of annually and increases the annual fee from $65 to $130 for a biennial license (Section 301.219).

TRANSFER NOTICE (SB 840) - This act establishes a transfer notice procedure when one person sells or transfers an interest in a motor vehicle to another person. Under the terms of the act, the transferor must notify the department of revenue within 10 days of transferring the motor vehicle. The department of revenue will determine the notice's form. Transfers to and from motor vehicle dealers are exempt from the provisions of this act. The notice required by this act does not constitute an assignment or release of any interest in the vehicle. Retail sales made by license dealers shall be reported pursuant to the monthly sales report law. Once the department of revenue receives the transfer notice, it shall make a notation in its records that the motor vehicle has been transferred. Until a new title is issued for the transferred motor vehicle, whenever the department is asked to provide the name of the owner of the motor vehicle as show in its records, or when the law requires the department to provide the name of the owner that appears on the title, the department shall provide the owner's name on the title and indicate that the records show a notification of transfer but do not show a title transfer. The department shall also provide the name of the transferee if available. If the department does not receive a title application from the named transferee within 60 days of receiving the transfer notice, the department shall notify the transferee to apply for title. A person will be guilty of a Class C misdemeanor if he knowingly submits false information on the transfer notice (Sections 301.196-301.198). The act provides that sellers of motor vehicles who fail to provide transfer notice shall be guilty of an infraction. These provisions are similar to ones contained in SS/SCS/HCS/HB 600 (2003). These provisions will not go into effect until January 1, 2006.

MONTHLY SALES REPORTS The act allows the department of revenue to levy penalties against dealers who fail to file monthly sales reports or file them untimely. The act provides that delinquent filers shall be subject to the disciplinary provisions of section 301.562 (revocation or suspension of license) or a penalty up to $300 per violation. The act allows monthly sales reports to be filed electronically January 1, 2006. Dealers selling 20 or more motor vehicle dealers per month shall be required to file such reports beginning January 1, 2007. Dealers filing their monthly sales report electronically are exempt from filing the notice of transfer and those who do not file electronically shall submit the notice of transfer with their monthly sales report (section 301.280).

STANDARDS FOR TOWING COMPANIES - This act provides that towing companies performing tows pursuant to Sections 304.155 (law enforcement requested tows) and 304.157 (nonconsensual private property tows) shall meet the following requirements:

(1) Have a verifiable commercial address or storefront;

(2) Have a fenced, secure and lighted storage lot or an enclosed, secure building for the storage of vehicles;

(3) Be available 24 hours a day, 7 days a week;

(4) Maintain an insurance policy or other form of security in the amount of $1,000,000 per incident;

(5) Provide worker's compensation on all of its employees, if required to do so by law; and

(6) Maintain current motor vehicle registrations on all the tow trucks within the towing company's fleet (Section 304.154).

The act allows municipalities to adopt ordinances with respect to towing company standards in addition to these minimum standards.

TOWER ONLINE ACCESS TO DOR RECORDS - This act modifies the towing statutes to allow towers to access Department of Revenue records when attempting to discover abandoned property owners (sections 304.155.6 and 304.157).

ABANDONING A MOTOR VEHICLE - This act modifies the current criminal statute on abandoning a motor vehicle. Under this act, the last owner of record of a motor vehicle shall be deemed prima facie to have been the owner of the motor vehicle at the time of abandonment. The last owner of record shall not be deemed to have been the owner of the motor vehicle or to have been the person who abandoned the vehicle if the person has filed notice with the Department of Revenue pursuant to Section 301.196 that the person's interest in the motor vehicle has been transferred. The registered owner shall not be subject to the penalties of the statute if the motor vehicle was in the care, custody, or control of another person at the time of the violation. The owner can submit an affidavit naming the other person who was in control of the car. The affidavit shall raise a rebuttable presumption that the named person in the affidavit was in control of the vehicle. The court can then terminate the prosecution. If the vehicle is alleged to have been stolen, the owner shall submit a police report. Any person convicted of abandoning a motor vehicle shall be liable for all towing and storage charges and such liability shall remain even if the motor vehicle is sold pursuant a towing lien (Section 577.080).

LAW ENFORCEMENT TOWS - This act authorizes a law enforcement officer to remove abandoned property abandoned on the right-of-way of an interstate highway which is left unattended for 2 hours, instead of 10 hours, if the law enforcement officer determines that the abandoned property to be a serious hazard to other motorists. The act also authorizes a law enforcement officer to remove abandoned property abandoned on the right-of-way of an interstate highway outside of an urbanized area which is left unattended for 2 hours, instead of 48 hours, if the law enforcement officer determines that the abandoned property to be a serious hazard to other motorists (Section 304.155).

STAGGERED REGISTRATION FOR COMMERCIAL MOTOR VEHICLES - Under current law, commercial motor vehicles are required to be registered on an annual basis. This act adds an option at the Missouri Highways and Transportation Commission's discretion to begin a one-year registration on the beginning date of a quarter. The act allows for registration periods greater than one year during the transition period. This act transfers the penalties that may be assessed to the applicable periods before each quarter so that there is no change in penalty enforcement. The act allows the issuance of a partial year registration for additions to a fleet as a convenience to the customer (so all registrations for one customer will expire at the same time). The act deletes a provision relating to prorated registration fees over the course of a year that will no longer be necessary since partial registrations will now be allowed for only such reasons as determined by the commission. This act updates the plate display provision to change it from December 31 to the day before each quarter begins, as applicable. The act removes references to the Highway Reciprocity Commission and the Division of Motor Carrier and Railroad Safety and replaces those references with the commission (Sections 301.041, 390.136, 390.340, 308.280, 308.283, 308.600, 308.620 and 622.095).

COMMERCIAL DRIVER'S LICENSES - This act makes several revisions to the commercial driver's license law. These provisions are substantially similar to those contained in HB 1118 (2004).

SCHOOL BUS ENDORSEMENT - Any individual who operates a school bus must have a school bus endorsement on their driver's license. In order to obtain a school bus endorsement, an applicant must submit two sets of fingerprints. One set of prints will be used by the State Highway Patrol to search the criminal history repository, and the second set will be forwarded to the Federal Bureau of Investigation for searching the federal criminal history files. The applicant will pay the fee for the state criminal history information and the federal criminal history record. The temporary school bus permit may only be issued if the applicant has been determined not to have pled guilty to or been found guilty of certain offenses. The act also allows applicants who have a school bus endorsement from another state to receive one in Missouri(sections 302.177, 302.272, and 302.273).

DRIVING WHILE REVOKED - CDL - This act creates the crime of driving a commercial motor vehicle while revoked if a person operates a commercial motor vehicle with a revoked, suspended, canceled license or is otherwise disqualified from operating a commercial motor vehicle. This offense is a class A misdemeanor. Driving a commercial motor vehicle on a fourth or subsequent offense with commercial driving privileges revoked or suspended, with no prior alcohol-related enforcement contacts, and the defendant waived the right to an attorney and the prior three offenses occurred within 10 years and the person served a 10-day sentence on the previous offenses is a Class D felony. Any person with a prior alcohol-related contact convicted of driving a commercial motor while revoked a third or subsequent time is guilty of a Class D felony. Driving a commercial motor vehicle while revoked is a Class D felony on the second or subsequent DWI conviction. Driving a commercial motor vehicle while revoked on a fourth or subsequent conviction for other offenses is a Class D felony (section 302.727).

DRIVER IMPROVEMENT PROGRAM/LIMITED DRIVING PRIVILEGES - Under this act, holders of a commercial driver's license can avoid the assessment of points upon the completion of a driver-improvement program (Section 302.302.5). CDL holders will not be allowed limited driving privileges for a commercial vehicle if their driving privileges are suspended, revoked, canceled, denied, or disqualified. This limitation, however, shall not prevent the individual from obtaining a limited driving privilege for a noncommercial motor vehicle if otherwise qualified (Section 302.309).

APPLICATION PROCEDURE -STATE RECORD CHECKS - This act requires applicants for a CDL to disclose the names of all states which have issued them a CDL during the previous 10-year period (Section 302.735). The Director of the Department of Revenue is required before the initial issuance of a CDL and for the first renewal to obtain driving record information from any state licensing system in which the person had been issued a license . A CDL driving record must contain a complete history of the driver, including information and convictions from previous states of licensure (Section 302.740).

DISQUALIFICATION AND OTHER OFFENSES - The act modifies the definition of "disqualification" to include suspension and revocation of commercial driver's licenses, withdrawal of driving privileges, or a determination by the Federal Motor Carrier Safety Administrator that the driver is not qualified to operate a commercial motor vehicle (section 302.700). The act modifies the definition of commercial motor vehicle to include vehicles designed to transport 16 or more passengers instead of 15 as provided by the current law. The act modifies the definition of "driving under the influence of alcohol" to include offenses committed while driving a commercial or noncommercial motor vehicle. The act modifies the definition of "serious traffic violation" to include driving a commercial motor vehicle without a CDL license in the person's possession (may later submit proof to the court of proper licensure) or driving a commercial motor vehicle without the proper endorsement for the type of vehicle being driven or cargo being transported. The director is required to disqualify any driver the U. S. Secretary of Transportation has determined to constitute an imminent hazard. A person who drives a commercial motor vehicle without having his or his CDL license in his or her possession shall be guilty of a class A misdemeanor (Section 302.725). Driving a commercial motor vehicle which causes a fatality due to negligent operation shall disqualify the driver (Section 302.755).

OUT-OF-SERVICE ORDERS - Any driver who violates an out-of-service order is subject to a civil penalty not to exceed an amount determined by the U. S. Secretary of Transportation in addition to the disqualification (Section 302.756).

SENTENCING - No federal, state, county, municipal, or local court can defer imposition of judgment, suspend imposition of sentence, or allow an individual who possesses or is required to possess a CDL to enter into a diversion program that will prevent a conviction for any violation of any traffic law from appearing on the driver's record maintained by the Department of Revenue (Section 302.345).

The commercial driver license provisions of the act will become effective September 30, 2005.

STEPHEN WITTE