HCS HB 772 -- OPERATION OF MOTOR VEHICLES

SPONSOR:  O'Connor (Ross)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Motor
Vehicle and Traffic Regulations by a vote of 14 to 0 with 1
present.

DRIVER'S LICENSE

This substitute requires that all operator's, chauffeur's, and
commercial driver's licenses for persons 21 years of age or
older 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.

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.

Fee agents will be allowed to collect a $4 transaction fee on
every 6 year driver's license transaction and a $4 biennial
transaction fee for each motor vehicle or trailer license sold,
renewed, or transferred.

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 years and
vehicles manufactured in odd-numbered model years will be
inspected in odd-numbered years.

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.

The superintendent of the Missouri Highway Patrol may assign
qualified persons who are not Highway Patrol officers to
investigate and enforce motor vehicle safety inspection laws and
regulations.  Such persons, properly trained, will be designated
motor vehicle inspectors and have limited powers to issue a
uniform complaint and summons for violations of Missouri's
inspections laws and regulations.

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.

OTHER REGULATIONS

Motor vehicle headlamps will be required to be used any time
when rain, snow, or other atmospheric conditions require the use
of windshield wipers.

FISCAL NOTE:  Estimated Net Effect on Highway Fund of a decrease
of $169,500 in FY 2000, an increase of $33,788,727 in FY 2001,
and an increase of $8,018,653 in FY 2002.  Estimated Net Loss to
Highway Patrol Inspection Fund of $76,000 in FY 2000, $152,000
in FY 2001, and $152,000 in FY 2002.

PROPONENTS:  Supporters say that legislation will save time,
paperwork, and money for the state as well as for the consumer.

Testifying for the bill were Representatives Ross and O'Connor.

OPPONENTS:  There was no opposition voiced to the committee.

Robert Triplett, Legislative Analyst

HB 772 -- Licensing and Operation of Motor Vehicles

Co-Sponsors:  Ross, O'Connor

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

(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, 4 points for exceeding the speed limit by 30 miles per
hour, 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)  Exempts commercial motor vehicles licensed for a gross
weight of not more than 24,000 pounds from the requirement 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 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 inquiries 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 bill also revises statutes on motor vehicle financial
responsibility.  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 subsequently 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.

In regard to alcohol-related driving offenses the bill:

(1)  Amends the 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; and

(2)  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.

The bill also revises state motor vehicle inspection law by
requiring official motor vehicle inspections only biennially.

The inspection fee will be $12.  The state collects a fee of
$1.50 for each inspection, with $1 credited to the State Highway
Fund and $.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.

Official motor vehicle inspections on new vehicles will only be
required biennially.  New vehicles will be exempt for 2 years
following the model year.  Vehicles manufactured in an even--
numbered year will be required to be inspected in even-numbered
years and odd in odd-numbered years.