PERFECTED
HS HCS HB 723 -- MOTOR VEHICLE SAFETY, LICENSURE, AND FINANCIAL
RESPONSIBILITY (Koller)
This substitute revises the law on motor vehicle safety,
licensure, and financial responsibility.
PERSONAL PROPERTY TAXES
The substitute 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.
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. Assessors may consider mileage
of a vehicle when valuing the vehicle for purposes of personal
property taxation. Provisions are added to allow the taxpayer
to report the true vehicle mileage when property is listed with
the assessor.
Beginning July 1, 2000, collectors must notify any owner of a
motor vehicle for which personal property taxes have not been
paid that if full payment is not received within 30 days the
collector will notify the Director of Revenue to suspend the
registration for the vehicle. If the owner fails to timely pay
such tax, the collector will notify the Department of Revenue
and the director will send a notice of suspension to the vehicle
owner. Upon notification of suspension, the State Highway
Patrol must seize the license plate on the vehicles of the
owner. To reinstate the license, an owner must furnish proof
taxes are paid and pay a $20 reinstatement fee to the director.
The substitute contains provisions for appeals.
MOTOR VEHICLE INSPECTIONS
Official motor vehicle inspections will be required biennially
instead of annually. Vehicles manufactured in even-numbered
model years will be inspected in even-numbered calendar years
and vehicles manufactured in odd-numbered model years will be
inspected in odd-numbered years.
The complete fuel system of a motor vehicle, not just the fuel
tank, will be required to be inspected on an official state
inspection. Brakes may be inspected for safety by means of
visual inspection or computerized brake testing. 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.
The State Highway Patrol is authorized to inspect homemade
trailers 16 feet or more in length. Currently, only sheriffs
are authorized to inspect such trailers. If the 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 an
identifying number plate to the owner.
The maximum period for suspending or revoking the permit of an
inspection station or an inspector 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.
Owners of vehicles with defects will have 20 days instead of the
current 15 days to correct the defects.
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.
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.
All areas requiring emission inspections beginning January 1,
2000, and in all other counties beginning January 1, 2005,
official inspection station operators must provide monthly the
Department of Revenue a record of each certificate issued. The
record must include the following: (1) Name, date of birth,
driver's license number, and address of the owner of the motor
vehicle inspected; (2) Make, vehicle identification number,
year, and odometer reading of vehicle inspected; and (3) Date
of the inspection and the results of the inspection.
SALE OF VEHICLES
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 the 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 vehicles sales provisions will be subject
to a fine of $100 to $150. Any vehicle shown for sale in
violation of this vehicle sales provision 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.
MOTOR VEHICLE INSURANCE
The substitute establishes a Motorist Insurance Identification
Database Program for the purpose of establishing a database to
verify compliance with the motor vehicle financial
responsibility requirements. This program will be administered
by the Department of Revenue.
To implement the program, the department must contract with a
designated agent who will develop and maintain a computer
database, using the department's guidelines, with its own
computer network and with information provided by the department
and insurers.
Information provided to designated agents by insurers and the
department may not be disclosed except to certain persons for
certain purposes spelled out in the substitute. Any person or
agency who knowingly discloses unauthorized information from the
database is guilty of a class A misdemeanor. Designated agents
will be liable to any insurer damaged by a designated agent's
negligent failure to protect the confidentiality of information
and data disclosed to the designated agent. Agents must provide
to the state an errors and omissions insurance policy covering
an agent for an appropriate amount.
Any person who presents an altered or counterfeit insurance
identification card, certificate, letter, or bond from an
insurer or agent thereof for the purpose of providing motor
vehicle financial responsibility is guilty of a class B
misdemeanor and is subject to a $500 fine. On a second or
subsequent violation, a person will be guilty of a class A
misdemeanor, be subject to a $1,000 fine, and have his or her
vehicle seized. Any person who alters or creates a counterfeit
identification card, certificate, letter, or bond for another
person is guilty of a class A misdemeanor and subject to a fine
of $500, with any second or subsequent offense subject to a fine
of $1,000.
The substitute spells out the information required and the
frequency of reporting by insurers to the designated agents.
The Department of Insurance will assess fines up to $1,000 per
day for noncompliance by insurers.
Any automobile insurance policy which provides underinsured
motorist coverage must pay damages for bodily injury that an
insured is legally entitled to recover from an owner or operator
of an underinsured motor vehicle up to the limits of the
underinsured motor vehicle coverage stated on the policy. The
limits of underinsured motorist coverage stated on the policy
must not be reduced by set off. Underinsured motorist coverage
must not require the insured to receive consent of the insurer
in order for the insured to settle a claim against the owner or
operator of an underinsured motor vehicle. An insurer will have
no right of subrogation to recover payment made to an insured
pursuant to underinsured motorist coverage.
Uninsured motorist coverage will be optional coverage for all
motor vehicle liability policies issued in this state. The
policy must clearly indicate whether or not the insured accepted
the optional uninsured motorist coverage.
OPERATOR'S LICENSE
The unlawful act of operating a vehicle without a license or
operating a motorcycle or motortricycle without a valid license
that shows such person is motorcycle qualified is a class A
misdemeanor and on a third or subsequent violation is a class D
felony. Points assessed on the above violations will be 2
points for the first conviction, 4 points on the second, and 6
points on the third conviction.
Application for a drivers' license will, among other things,
require the applicant to indicate if he or she has ever been
convicted of driving without a license. Any person convicted of
a third or subsequent time of driving while a license is revoked
is guilty of a class D felony.
The substitute revises Missouri's driver's license system. All
operator's, chauffeur's, and commercial driver's licenses for
persons 21 years of age or older will be for a 6 year period and
expire on the person's birthday. The license or renewal fee
will be increased from $7.50 to $15 for an operator's license,
$15 to $30 for a chauffeur's license, and $20 to $40 for a
commercial driver's license. The license or renewal fee for
persons 18 to 21 years of age will be $7.50 for an operator's
license, $15 for a chauffeur's license, and $20 for a commercial
driver's license. Licenses for persons 18 to 21 years of age
will expire after 3 years on the person's birthday. A
recognition test of a person's ability to understand highway
signs regulating, warning, or directing traffic along with the
vision test will be required on all license renewals except for
commercial driver's licenses.
The fee for a nondriver's license card for persons under age 65
will be increased from $7.50 to $15. If a person is age 65 or
older, the fee for such card without a photograph is $1 or $15
with a photograph. Nondriver's license cards will also expire
on the person's birthday and be issued for a 6 year period.
MOTOR VEHICLE 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.
MOTORCYCLE SAFETY
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 are required to wear protective headgear.
Currently, all motorcyclists are required to wear protective
headgear.
The sunset provision on Missouri's motorcycle safety education
program is repealed.
DISABLED
Any Missouri resident who is deaf or hearing impaired may apply
to the commission for a placard or decal upon payment of a fee
not to exceed $2. The commission will be required to promote
public awareness of the meaning of the placards and decals prior
to or in conjunction with their issuance. Any deaf or hearing
impaired person may apply to the Department of Revenue to have
the notation "J88" placed on their driver's license. The
Missouri Commission for the Deaf will be allowed to design and
issue removable windshield placards and windshield decals to be
used in vehicles operated by deaf or hearing impaired persons.
The placard may be hung from the rearview mirror and a decal may
be affixed to the lower left corner of the rear window of a
vehicle.
Any person issued a special license plate or windshield placard
designated disabled who uses a wheelchair or transports a person
who uses a wheelchair will be allowed to purchase and use a
parking cone bearing the international symbol of accessibility
and the words "wheelchair parking space." The size, color, and
material for the parking cones is specified and the Department
of Revenue is authorized to promulgate rules and regulations to
administer this provision. Federally designated disabled person
license plates or windshield placards must be recognized by
Missouri.
OFFICIAL WEIGH STATIONS
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.
FARM WAGONS
Farm wagons will be allowed to be drawn by any licensed motor
vehicle on Missouri highways without complying with Missouri's
titling, registration, and license plate requirements.
Unlicensed farm wagons can be drawn only during daylight hours
within 5 miles of a person's residence and a slow-moving
equipment emblem must be displayed on the rear of the wagon.
BLOOD ALCOHOL CONTENT
The blood alcohol content level for the crime of driving with
excessive blood alcohol content is lowered from .10 to .08 of 1%
or more of weight of alcohol in a person's blood. The
Department of Revenue is required to suspend or revoke the
license of a person who was driving with a blood alcohol content
of .08% or greater instead of .10% or greater.
The crime of driving with excessive blood alcohol content is
defined as operation of a motor vehicle with fifteen-hundredths
of one percent (0.15) or more blood alcohol content, which is a
violation assessed at 12 points. Driving with excessive blood
alcohol content is a class A misdemeanor for the first offense.
Prior offenders who plead guilty or are found guilty of
violation of driving with excessive blood alcohol content are
guilty of a class D felony. Persistent offenders who plead
guilty or are found guilty of driving with excessive blood
alcohol content are guilty of a class C felony.
Law enforcement officers will be required to administer a test
to determine the blood alcohol content of any driver who is
involved in an accident that results in the death or serious
physical injury of any person. The statutory point penalty for
careless and imprudent driving is increased, where aggravating
circumstances exist. Aggravating circumstances are defined by
the substitute as circumstances in which any person suffers
death or serious physical injury.
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.
SOCIAL SECURITY NUMBER
The substitute 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 director is allowed 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.
TRAFFIC AND PARKING VIOLATIONS
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
substitute repeals the population qualification.
Missouri residents charged with 10 or more county or municipal
parking violations who fail to dispose of the charges will be
subject to the court ordering the Director of Revenue to suspend
driving privileges. The procedures are spelled out. Any city
may by ordinance include as charges on personal property taxes
any outstanding parking violations. Such charges will be
collected in the same manner as property taxes. No personal
property tax bill will be considered paid unless all charges for
parking violations are also paid in full.
OTHER
Motor vehicle headlamps will be required in use at any time when
rain, snow, or other atmospheric conditions require the use of
windshield wipers.
Any person under the age of 25 who has passed a driver training
program will be entitled to receive a discount of 15% on
automobile insurance.
For the purpose of issuing moving traffic violations "State
Highways" will mean any state or federal highway, including any
such highway continuing through the boundaries of a city, town,
or village with a designated street name other than the state
highway number.
Upon the transfer of ownership of any currently registered motor
vehicle where the owner cannot transfer the plates due to a
change of 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.
FISCAL NOTE: Estimated Net Decrease to General Revenue Fund of
$550,042 to Unknown in FY 2000, $593,643 to Unknown in FY 2001,
and $604,130 to Unknown in FY 2002. Estimated Net Effect to
Highway Fund of Unknown in FY 2000, FY 2001, and FY 2002.
Estimated Net Effect on Insurance Dedicated Fund of $0 to
$33,350 in FY 2000, $0 in FY 2001, and $0 in FY 2002. Net
Effect on County Foreign Insurance Fund of $0 in FY 2000, FY
2001, and FY 2002. Net Effect on County Stock Insurance Fund of
$0 in FY 2000, FY 2001, and FY 2002. Estimated Net Effect on
State School Fund of $0 in FY 2000, FY 2001, and FY 2002.
Estimated Net Cost to Motorcycle Trust Fund of $2,499 in FY
2000, $3,000 in FY 2001, and $3,000 in FY 2002. Estimated Net
Effect on Missouri Commission for the Deaf Fund of $0 in FY
2000, FY 2001, and FY 2002. Loss to Missouri Air Pollution
Control Fund of $0 in FY 2000, $0 to $5,484 in FY 2001, and $0
to $5,484 in FY 2002.
COMMITTEE
HCS HB 723 -- MOTOR VEHICLE REGISTRATIONS, INSPECTIONS, AND
INSURANCE
SPONSOR: Koller
COMMITTEE ACTION: Voted "do pass" by the Committee on
Transportation by a vote of 21 to 0.
This substitute 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.
Upon the transfer of ownership of any currently registered motor
vehicle where the owner cannot transfer the plates due to a
change of 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.
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.
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.
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.
Owners of vehicles with defects will have 20 days instead of the
current 15 days to correct the defects.
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.
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 substitute also enables the Director of Revenue to create
and maintain a motorist insurance identification database to be
used when verifying compliance with the mandatory insurance law.
Insurance compliance will be enforced through two methods. The
first method is by sampling of the general population and
problem drivers. Insurance information is verified by the
insurance industry, through the "negative response" concept.
The second enforcement method is through tickets issued by law
enforcement. The court may do one of the following:
(1) Order the Director to take suspension action;
(2) Order the Director to assess 4 points for the conviction; or
(3) In lieu of points render an order of supervision.
Strict penalties will result for drivers convicted of driving
without insurance, displaying false evidence of insurance to a
police officer, and altering an insurance identification card to
make it appear valid. The Department of Revenue will require
the recipient of supervision to submit evidence of insurance to
verify continued compliance with the law.
If the director determines that a person has not maintained the
required liability insurance coverage, on the first offense the
person will receive a registration suspension, on the second
offense a 90 day suspension, and on any third or subsequent
offense a one year suspension.
FISCAL NOTE: Estimated Net Effect to Highway Fund of a decrease
of $174,328 in FY 2000, an increase of $25,988,335 in FY 2001,
and an increase of $208,768 in FY 2002. Estimated Net Income to
Insurance Dedicated Fund of $0 to $33,350 in FY 2000, $0 in FY
2001, and $0 in FY 2002. Estimated Net Cost to General Revenue
Fund could exceed $100,000 in FY 2000, FY 2001, and FY 2002.
PROPONENTS: Supporters say that the mandatory insurance
provision of the bill is intended to reduce the population of
uninsured motorists, significantly decreasing the chances that a
responsible, insured driver will be victimized by a motorist
with no insurance.
Testifying for the bill were Representative Koller; Missouri
Department of Revenue; and Missouri Retailers Association.
OPPONENTS: Those who oppose the bill say that annual
inspections have worked very well and should not be changed.
Testifying against the bill was Midwest Automotive Association.
Robert Triplett, Legislative Analyst
Missouri House of Representatives' Home Page