HS/HCS/HB 723 - This act revises the law on motor vehicle safety, licensure, registration, inspections, emissions, financial responsibility, and provisions relating to handicapped drivers.

MOTOR VEHICLE DRIVING VIOLATIONS:

HEADLAMPS - This act requires that motor vehicle headlamps be in use at any time when rain, snow, or other atmospheric conditions require the use of windshield wipers. This provision is similar to HB 247 (1999).

DRIVING WITHOUT A VALID LICENSE - Persons convicted of operating a motor vehicle, motorcycle or motortricycle without a valid license will be guilty of a Class A misdemeanor. A person convicted a third or subsequent time is guilty of a Class D felony. The director of revenue shall assess 2 points for the first conviction, 4 points for the second conviction, and 6 points for the third conviction. A person that allows another person to operate his or her motorcycle knowing that person does not have an appropriate license shall be guilty of a Class C misdemeanor. A person that operates a motor vehicle with the instruction permit or license issued to another person shall be guilty of a Class C misdemeanor.

FORFEITURE OF DRIVER'S LICENSE - Under current law, any person who fails to dispose of a moving traffic violation of any municipality with a population of at least 1,000 is subject to loss of driver's license. This act repeals the population qualification. This provision is similar to HB 452 (1999).

PARKING TICKETS - This act allows the Department of Revenue to suspend a person's driver's license if that person has ten or more outstanding parking tickets. This act also allows cities to collect unpaid parking tickets with personal property taxes.

HARDSHIP LICENSE - Any person convicted more than twice of violating the law relating to driving while intoxicated will not be allowed to obtain a hardship, limited, or restricted driving license.

DRIVING WITH A REVOKED LICENSE - A person convicted of a third or subsequent time of driving while revoked is guilty of a Class D felony. This provision is similar to SB 164 (1999).

DRIVING WITH EXCESSIVE BLOOD ALCOHOL CONTENT - The act creates the crime of driving with excessive blood alcohol content (BAC) for operating a vehicle with .15% BAC level. First offense is a Class A misdemeanor. A prior offender of this offense shall be guilty of a Class D felony. A persistent offender who violates this section shall be guilty of a Class C felony. The director of revenue shall assess a motor vehicle operator 8 points for driving with a BAC of .15% or more by weight for the first offense. This provision is similar to SB 18 (1999).

BLOOD ALCOHOL CONTENT - Lowers the level of blood alcohol content from ten-hundredths (.1%) of one percent or more by weight to eight-hundredths (.08%) of one percent or more by weight.

AGGRAVATING CIRCUMSTANCES - The statutory point penalty for careless and imprudent driving is increased, where aggravating circumstances exist. Aggravating circumstances are defined by the act as circumstances in which any person suffers death or serious physical injury.

LICENSES AND REGISTRATION:

FEE OFFICES - Fee offices are authorized to collect $4.00 for each motor vehicle or trailer license plate that is sold, renewed or transferred on a biennial basis.

PERSONAL PROPERTY TAXES - This act prohibits the issuance of a motor vehicle license registration from the Department of Revenue or a property tax receipt from a county or township collector until all taxes, including all delinquent taxes currently due, are paid (similar to SB 19 - 1999). Assessors must list, assess, and cause taxes to be imposed upon omitted taxable personal property in the current year and in the event personal property was also subject to taxation in the immediately prior year, but was omitted, the assessor must also list, assess, and cause taxes to be imposed upon such property. In the event the registration is a renewal of a registration made 2 or 3 years previously, the application must be accompanied by proof that taxes were not due or have been paid for the 2 or 3 years which immediately precede the year in which the vehicle registration is due. If a motor vehicle owner does not pay his personal property tax on his or her motor vehicle within 30 days, the county collector shall notify the director of revenue to suspend the owner's vehicle registration. The suspension of the motor vehicle registration will remain in effect until the taxes are paid and a $20 reinstatement fee is paid. This act also requires city and county assessors to consider the mileage of a motor vehicle when assessing the value of a motor vehicle (similar to HB 506 - 1999).

TRANSFER OF LICENSE PLATES - Upon the transfer of ownership of any currently registered motor vehicle where the owner cannot transfer the plates due to a change of a vehicle category, the owner may surrender the plates issued and receive credit for any unused portion of the original registration fee against the registration fee of another motor vehicle. Credits will be granted based upon the date the plates are surrendered. No refunds will be made on the unused portion of any license plates surrendered for such credit. This is similar to SB 19 (1999).

DRIVER'S LICENSES - This act requires all applicant's for a driver's license to take and successfully complete a sign recognition test before a license may be issued. All applicants, 21 years or older, for a chauffeur's or operator's license will be issued a license for 6 years to expire on the person's date of birth. The fee for a chauffeur's license is doubled from $15 to $30. The fee for an operator's license is doubled from $7.50 to $15. Applicants between 18 and 21 who apply for a chauffeur's license will be issued a 3 year license that will expire on the applicant's date of birth. The fee is $15. Applicants under the age of 21 who apply for an operator's license will be issued a 3 year license that will expire on the applicant's date of birth. The fee for a commercial driver's license (CDL) is doubled from $20 to $40. A duplicate CDL will cost $20. All applicants for a CDL, 21 years of age or older, will be issued a 6 year license expiring on the applicant's date of birth. Applicants between the age of 18 and 21 will be issued a 3 year CDL expiring on the applicant's date of birth. The fee is $20. These provisions are similar to SB 392 et al (1999).

NONDRIVER'S LICENSES - Nondriver's licenses will be issued for a period of 6 years and will expire on the person's date of birth. The fee is $15.00.

SOCIAL SECURITY NUMBERS ON COMMERCIAL DRIVER'S LICENSES - This act repeals the provision that allows the Director of Revenue to issue a commercial driver's license without a Social Security number to a person who is a member of a specified religious denomination which prohibits the use of identification numbers by members as being contrary to its religious tenets. The act allows the Director to issue a commercial driver's license without a Social Security number to an applicant who submits a certified statement that he or she objects to the display of the Social Security number on the license. This provision is similar to HB 999 (1999).

FARM WAGONS - This act allows four-wheel farm wagons to be drawn by licensed motor vehicles upon the highways without complying with the titling and registration laws. The wagon may only be drawn during daylight hours and within 5 miles of the wagon owner's residence.

UNLICENSED DEALERS OF MOTOR VEHICLES - This act regulates the sale of motor vehicles by individuals. No person will be allowed to show for sale, display a sign or advertise a motor vehicle for sale unless the vehicle is titled in the seller's name and such person's telephone number appears on any sign or advertisement. A person will not be allowed to place a vehicle for sale on property not owned by the person unless a sales permit is obtained from the Department of Revenue. The permit will be good for a 90 day period and have a fee of $20. All sales permits must contain a description of the vehicle being sold and the name and address of the seller. A motor vehicle must not be delivered without assigning a certificate of ownership to the person accepting delivery of the motor vehicle. Any person violating the provisions of this act will be subject to a fine of $100 to $150. Any vehicle shown for sale in violation of this act will also be subject to impoundment at the expense of the person causing such sale. Any vehicle delivered and shown for sale in violation of the title assignment requirements will be confiscated and sold at a public auction. One-half of the proceeds of any such sale will be allocated to the local school district and the other half to the Department of Revenue. These provisions are similar to HB 1043 (1999).

BIENNIAL REGISTRATION - Beginning July 1, 2000, owners of motor vehicles other than commercial motor vehicles licensed in excess of 18,000 pounds will have the option of biennial registration. The fee for a biennial registration will be equal to twice the current annual registration fee. This provision is similar to the one contained in SB 19 (1999).

INSPECTIONS:

BIENNIAL INSPECTIONS - Official motor vehicle inspections will be required biennially instead of annually. Any vehicle manufactured as an even numbered model year will be inspected in an even-numbered calendar year and vehicles manufactured in odd-numbered model years will be inspected in odd-numbered years. This provision is also included in SB 19 (1999).

INSPECTION STATIONS - The complete fuel system of a motor vehicle, not just the fuel tank, will be required to be inspected on an official state inspection. School buses will be required to be inspected not more than 60 days prior to operating the vehicle during the school year. Currently, school buses must be inspected during the month of August. Owners of vehicles with defects will have 20 days instead of the current 15 days to correct the defects. These provisions are similar to SB 19 (1999).

The maximum period for suspending or revoking an inspection station or an inspector's permit for not complying with inspection regulations is increased from one to 3 years. Official inspection station permit holders are responsible for the conduct of their business and for any employee who is in violation of motor vehicle safety inspection laws or regulations.

INSPECTION FEES - The maximum fee for an official motor vehicle inspection is increased from $7 to $12, and from $6 to $10 for the inspection of a motorcycle or trailer. The fee charged by the Highway Patrol for certificates of inspection, stickers, seals, or other devices issued by the official inspection stations is increased from $.75 to $1.50. Of these fees collected, $1, instead of the current $.50, will be credited to the State Highway Fund and $.50 instead of the current $.25 will be credited to the Highway Patrol Inspection Fund.

HOMEMADE TRAILER INSPECTIONS - This act authorizes the Missouri State Highway Patrol to inspect homemade trailers. If the Missouri State Highway Patrol conducts the inspection, rather than the county sheriff, the $10 inspection fee will be deposited in the state highway fund. After obtaining a certificate of inspection and paying all applicable fees, the Department of Revenue will issue the homemade trailer owner an identifying number plate. This provision is similar to SB 500 (1999).

WEIGH STATION STOPS - Under this act, commercial motor vehicles that are identified through automated means approved by this state and determined to be in compliance are exempted from the requirement to stop at an official weigh station. Commercial motor vehicle enforcement officers or inspectors are given authority to require a vehicle to stop or be identified. The statutes which govern confidentiality and prohibit the release of information will not apply to commercial motor vehicle enforcement officers or their licensees in the performance of their duties at weigh stations. Any person who fails to stop or improperly evades stopping at a weigh station and who is later determined not to be in compliance with the weight limits may, upon conviction, be punished by a fine of not less than $5 nor more than $500 or by imprisonment in the county jail for a term not exceeding one year, or by both. This provision is similar to HB 907 (1999).

MOTOR VEHICLE EMISSIONS:

EMISSIONS TESTING - Motor vehicles requiring emissions inspection, which are sold or transferred and which at the time of sale or transfer have an unexpired official form, sticker, or other device to evidence that such vehicle's emissions control system was inspected and approved, may be returned if the vehicle fails to meet the emissions standards upon the next required inspection. The seller must have the vehicle inspected and approved without the option for a waiver and return the vehicle to the purchaser with a valid emissions certificate within 5 working days. Vehicles sold by a licensed motor vehicle dealer and subject to emissions requirements must be inspected and approved within 6 months immediately preceding the date of sale; and for the purpose of registration, the date of inspection must be defined to be the date of sale.

MOTOR VEHICLE INSURANCE:

FINANCIAL RESPONSIBILITY LAW - Officers may issue a citation to a driver who fails to produce an insurance card or if a check of the motorist insurance database reveals that the owner is not currently maintaining insurance on the vehicle. The court may suspend the driver's license, assess four points under Section 302.302, RSMo, or place the driver under court ordered supervision. A person submitting false proof of insurance to a law enforcement officer or altering an insurance card is guilty of a Class B misdemeanor. A second or subsequent violation will constitute a Class A misdemeanor. These provisions are similar to the ones contained in SB 19 (1999).

UNDERINSURED MOTORIST COVERAGE - This act requires that any insurance policy which provides underinsured coverage shall pay damages for bodily injury that the insured is legally entitled to recover from the underinsured operator or owner, up to the policy's limits. The limits shall not be reduced by any set-off. Consent of the insurer is not required to settle claims against the underinsured operator or owner, and the insurer has no right of subrogation. This provision is similar to SB 262 (1999).

UNINSURED MOTORIST COVERAGE - Uninsured motorist coverage shall be an optional coverage for all motor vehicle liability policies issued in Missouri. Under current law, uninsured motorist coverage is mandatory.

AUTOMOBILE INSURANCE DISCOUNT - Any person under the age of 25 shall receive a 15% discount on his or her automobile insurance if he or she has passed a driver training. program.

MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM ACT - Requires the Department of Revenue to enter into a contract with a designated agent to establish a motorist insurance identification database program to verify compliance with the motor vehicle financial responsibility laws. Insurance companies will be required to provide information to the designated agent. The insurance identification database will be accessible by state and federal law enforcement agencies. The Department of Revenue shall disclose whether an individual is maintaining insurance to the individual, the individual's parents or legal guardians, any person suffering loss to a motor vehicle accident with the individual, and the office of the state auditor. The designated agent will compare current motor vehicle registrations with the information provided to it by the insurance companies to see if individuals are maintaining insurance. Any person knowingly discloses information from the database for an authorized purpose will be guilty of a Class A misdemeanor.

MOTORCYCLE SAFETY:

MOTORCYCLE HELMET LAW - This act requires that motorcyclists under 21 years of age and every person operating a motorcycle or motortricycle which has a passenger who is under 21 years of age wear protective headgear. Currently, all motorcyclists are required to wear protective headgear. This provision is similar to SB 294 (1999).

MOTORCYCLE SAFETY EDUCATION PROGRAM - This act removes the sunset clause from the motorcycle safety education program.

PROVISIONS RELATING TO HANDICAPPED PERSONS:

HEARING IMPARED WINDSHIELD PLACARD - This act allows any person who is deaf or hearing impaired to apply for a removable windshield placard which notes the person's disability. This is similar to HB 74.

HANDICAPPED PARKING CONES - This act allows handicapped individuals issued a handicapped license plate or placard to obtain parking cones designated with the words "wheelchair parking space".
STEPHEN WITTE