Bill Summary – FastDemocracy

FIRST REGULAR SESSION
                        HOUSE BILL NO. 1289
                               103RD GENERAL ASSEMBLY


                              INTRODUCED BY REPRESENTATIVE DOUGLAS.

     2829H.01I                                                                    JOSEPH ENGLER, Chief Clerk


                                                AN ACT
     To repeal sections 136.055, 302.178, and 302.181, RSMo, and to enact in lieu thereof three
            new sections relating to the provision of state identification cards for at-risk youth.


     Be it enacted by the General Assembly of the state of Missouri, as follows:

             Section A. Sections 136.055, 302.178, and 302.181, RSMo, are repealed and three
 new sections enacted in lieu thereof, to be known as sections 136.055, 302.178, and 302.181,
 to read as follows:
             136.055. 1. Except as provided in subsection 8 of this section, any person who is
 selected or appointed by the state director of revenue as provided in subsection 2 of this
 section to act as an agent of the department of revenue, whose duties shall be the processing
 of motor vehicle title and registration transactions and the collection of sales and use taxes
 when required under sections 144.070 and 144.440, and who receives no salary from the
 department of revenue, shall be authorized to collect from the party requiring such services
 additional fees as compensation in full and for all services rendered on the following basis:
         (1) For each motor vehicle or trailer registration issued, renewed or transferred, six
 dollars and twelve dollars for those licenses sold or biennially renewed pursuant to section
 301.147;
         (2) For each application or transfer of title, six dollars;
         (3) For each instruction permit, nondriver license, chauffeur's, operator's or driver's
 license issued for a period of three years or less, six dollars and twelve dollars for licenses or
 instruction permits issued or renewed for a period exceeding three years;
         (4) For each notice of lien processed, six dollars;
         (5) Notary fee or electronic transmission per processing, two dollars.

     EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
     intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
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         2. The director of revenue shall award fee office contracts under this section through
 a competitive bidding process. The competitive bidding process shall give priority to
 organizations and entities that are exempt from taxation under Section 501(c)(3), 501(c)(6), or
 501(c)(4), except those civic organizations that would be considered action organizations
 under 26 C.F.R. Section 1.501 (c)(3)-1(c)(3), of the Internal Revenue Code of 1986, as
 amended, with special consideration given to those organizations and entities that reinvest a
 minimum of seventy-five percent of the net proceeds to charitable organizations in Missouri,
 and political subdivisions, including but not limited to, municipalities, counties, and fire
 protection districts. The director of the department of revenue may promulgate rules and
 regulations necessary to carry out the provisions of this subsection. Any rule or portion of a
 rule, as that term is defined in section 536.010, that is created under the authority delegated in
 this subsection shall become effective only if it complies with and is subject to all of the
 provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536
 are nonseverable and if any of the powers vested with the general assembly pursuant to
 chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are
 subsequently held unconstitutional, then the grant of rulemaking authority and any rule
 proposed or adopted after August 28, 2009, shall be invalid and void.
         3. All fees collected by a tax-exempt organization may be retained and used by the
 organization.
         4. All fees charged shall not exceed those in this section. The fees imposed by this
 section shall be collected by all permanent offices and all full-time or temporary offices
 maintained by the department of revenue.
         5. Any person acting as agent of the department of revenue for the sale and issuance
 of registrations, licenses, and other documents related to motor vehicles shall have an
 insurable interest in all license plates, licenses, tabs, forms and other documents held on
 behalf of the department.
         6. The fees authorized by this section shall not be collected by motor vehicle dealers
 acting as agents of the department of revenue under section 32.095 or those motor vehicle
 dealers authorized to collect and remit sales tax under subsection 10 of section 144.070.
         7. Notwithstanding any other provision of law to the contrary, the state auditor may
 audit all records maintained and established by the fee office in the same manner as the
 auditor may audit any agency of the state, and the department shall ensure that this audit
 requirement is a necessary condition for the award of all fee office contracts. No confidential
 records shall be divulged in such a way to reveal personally identifiable information.
         8. The fees described in subsection 1 of this section shall not be collected from
 any person who qualifies as a homeless child or homeless youth, as defined in subsection
 1 of section 167.020, or as an unaccompanied youth as defined in 42 U.S.C. Section
HB 1289                                              3

 11434a(6). Such person's status as a homeless child or youth or unaccompanied youth
 shall be verified by a letter signed by one of the following persons:
         (1) A director or designee of a governmental or nonprofit agency that receives
 public or private funding to provide services to homeless persons;
         (2) A local education agency liaison for homeless children and youth designated
 under 42 U.S.C. Section 11432(g)(1)(J)(ii), or a school social worker or counselor; or
         (3) A licensed attorney representing the minor in any legal matter.
             302.178. 1. Any person between the ages of sixteen and eighteen years who is
 qualified to obtain a license pursuant to sections 302.010 to 302.340 may apply for, and the
 director shall issue, an intermediate driver's license entitling the applicant, while having such
 license in his or her possession, to operate a motor vehicle of the appropriate class upon the
 highways of this state in conjunction with the requirements of this section. An intermediate
 driver's license shall be readily distinguishable from a license issued to those over the age of
 eighteen. All applicants for an intermediate driver's license shall:
         (1) Successfully complete the examination required by section 302.173;
         (2) Pay the fee required by subsection 4 of this section;
         (3) Have had a temporary instruction permit issued pursuant to subsection 1 of
 section 302.130 for at least a six-month period or a valid license from another state; and
         (4) Have a parent, grandparent, legal guardian, or, if the applicant is a participant in a
 federal residential job training program, a driving instructor employed by a federal residential
 job training program, sign the application stating that the applicant has completed at least
 forty hours of supervised driving experience under a temporary instruction permit issued
 pursuant to subsection 1 of section 302.130, or, if the applicant is an emancipated minor, the
 person over twenty-one years of age who supervised such driving. For purposes of this
 section, the term "emancipated minor" means a person who is at least sixteen years of age, but
 less than eighteen years of age, who:
         (a) Marries with the consent of the legal custodial parent or legal guardian pursuant to
 section 451.080;
         (b) Has been declared emancipated by a court of competent jurisdiction;
         (c) Enters active duty in the Armed Forces;
         (d) Has written consent to the emancipation from the custodial parent or legal
 guardian; [or]
         (e) Through employment or other means provides for such person's own food, shelter
 and other cost-of-living expenses; or
         (f) Qualifies as a homeless child or homeless youth, as defined in subsection 1 of
 section 167.020, or as an unaccompanied youth as defined in 42 U.S.C. Section 11434a
 (6), and whose status as such is verified as provided under subsection 10 of this section;
HB 1289                                              4

          (5) Have had no alcohol-related enforcement contacts as defined in section 302.525
 during the preceding twelve months; and
          (6) Have no nonalcoholic traffic convictions for which points are assessed pursuant to
 section 302.302, within the preceding six months.
          2. An intermediate driver's license grants the licensee the same privileges to operate
 that classification of motor vehicle as a license issued pursuant to section 302.177, except that
 no person shall operate a motor vehicle on the highways of this state under such an
 intermediate driver's license between the hours of 1:00 a.m. and 5:00 a.m. unless
 accompanied by a person described in subsection 1 of section 302.130; except the licensee
 may operate a motor vehicle without being accompanied if the travel is to or from a school or
 educational program or activity, a regular place of employment or in emergency situations as
 defined by the director by regulation.
          3. Each intermediate driver's license shall be restricted by requiring that the driver
 and all passengers in the licensee's vehicle wear safety belts at all times. This safety belt
 restriction shall not apply to a person operating a motorcycle. For the first six months after
 issuance of the intermediate driver's license, the holder of the license shall not operate a motor
 vehicle with more than one passenger who is under the age of nineteen who is not a member
 of the holder's immediate family. As used in this subsection, an intermediate driver's license
 holder's immediate family shall include brothers, sisters, stepbrothers or stepsisters of the
 driver, including adopted or foster children residing in the same household of the intermediate
 driver's license holder. After the expiration of the first six months, the holder of an
 intermediate driver's license shall not operate a motor vehicle with more than three passengers
 who are under nineteen years of age and who are not members of the holder's immediate
 family. The passenger restrictions of this subsection shall not be applicable to any
 intermediate driver's license holder who is operating a motor vehicle being used in
 agricultural work-related activities.
          4. Notwithstanding the provisions of section 302.177 to the contrary, the fee for an
 intermediate driver's license shall be five dollars and such license shall be valid for a period of
 two years. Such fee shall be waived for any person qualifying as an emancipated minor
 under subdivision (4) of subsection 1 of this section.
          5. Any intermediate driver's licensee accumulating six or more points in a twelve-
 month period may be required to participate in and successfully complete a driver-
 improvement program approved by the state highways and transportation commission. The
 driver-improvement program ordered by the director of revenue shall not be used in lieu of
 point assessment.
          6. (1) An intermediate driver's licensee who has, for the preceding twelve-month
 period, had no alcohol-related enforcement contacts, as defined in section 302.525 and no
 HB 1289                                              5

 traffic convictions for which points are assessed, upon reaching the age of eighteen years or
 within the thirty days immediately preceding their eighteenth birthday may apply for and
 receive without further examination, other than a vision test as prescribed by section 302.173,
 a license issued pursuant to this chapter granting full driving privileges. Such person shall
 pay the required fee for such license as prescribed in section 302.177.
          (2) If an intermediate driver's license expires on a Saturday, Sunday, or legal holiday,
 such license shall remain valid for the five business days immediately following the
 expiration date. In no case shall a licensee whose intermediate driver's license expires on a
 Saturday, Sunday, or legal holiday be guilty of an offense of driving with an expired or invalid
 driver's license if such offense occurred within five business days immediately following an
 expiration date that occurs on a Saturday, Sunday, or legal holiday.
          (3) The director of revenue shall deny an application for a full driver's license until
 the person has had no traffic convictions for which points are assessed for a period of twelve
 months prior to the date of application for license or until the person is eligible to apply for a
 six-year driver's license as provided for in section 302.177, provided the applicant is
 otherwise eligible for full driving privileges. An intermediate driver's license shall expire
 when the licensee is eligible and receives a full driver's license as prescribed in subdivision
 (1) of this section.
          7. No person upon reaching the age of eighteen years whose intermediate driver's
 license and driving privilege is denied, suspended, cancelled or revoked in this state or any
 other state for any reason may apply for a full driver's license until such license or driving
 privilege is fully reinstated. Any such person whose intermediate driver's license has been
 revoked pursuant to the provisions of sections 302.010 to 302.540 shall, upon receipt of
 reinstatement of the revocation from the director, pass the complete driver examination, apply
 for a new license, and pay the proper fee before again operating a motor vehicle upon the
 highways of this state.
          8. A person shall be exempt from the intermediate licensing requirements if the
 person has reached the age of eighteen years and meets all other licensing requirements.
          9. Any person who violates any of the provisions of this section relating to
 intermediate drivers' licenses or the provisions of section 302.130 relating to temporary
 instruction permits is guilty of an infraction, and no points shall be assessed to his or her
 driving record for any such violation.
          10. A person's status as a homeless child or youth or unaccompanied youth
 under paragraph (f) of subdivision (4) of subsection 1 of this section shall be verified by
 a letter signed by one of the following persons:
          (1) A director or designee of a governmental or nonprofit agency that receives
 public or private funding to provide services to homeless persons;
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         (2) A local education agency liaison for homeless children and youth designated
 under 42 U.S.C. Section 11432(g)(1)(J)(ii), or a school social worker or counselor; or
         (3) A licensed attorney representing the minor in any legal matter.
         11. Any rule or portion of a rule, as that term is defined in section 536.010, that is
 created under the authority delegated in this section shall become effective only if it complies
 with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.
 This section and chapter 536 are nonseverable and if any of the powers vested with the
 general assembly pursuant to chapter 536 to review, to delay the effective date or to
 disapprove and annul a rule are subsequently held unconstitutional, then the grant of
 rulemaking authority and any rule proposed or adopted after August 28, 2000, shall be invalid
 and void.
              302.181. 1. The license issued pursuant to the provisions of sections 302.010 to
 302.340 shall be in such form as the director shall prescribe, but the license shall be a card
 made of plastic or other comparable material. All licenses shall be manufactured of materials
 and processes that will prohibit, as nearly as possible, the ability to reproduce, alter,
 counterfeit, forge, or duplicate any license without ready detection. The license shall also
 bear the expiration date of the license, the classification of the license, the name, date of birth,
 residence address including the county of residence or a code number corresponding to such
 county established by the department, and brief description and colored digitized image of the
 licensee, and a facsimile of the signature of the licensee. The director shall provide by
 administrative rule the procedure and format for a licensee to indicate on the back of the
 license together with the designation for an anatomical gift as provided in section 194.240 the
 name and address of the person designated pursuant to sections 404.800 to 404.865 as the
 licensee's attorney in fact for the purposes of a durable power of attorney for health care
 decisions. No license shall be valid until it has been so signed by the licensee. If any portion
 of the license is prepared by a private firm, any contract with such firm shall be made in
 accordance with the competitive purchasing procedures as established by the state director of
 the division of purchasing.
         2. All digital images produced for licenses shall become the property of the
 department of revenue.
         3. The license issued shall be carried at all times by the holder thereof while driving a
 motor vehicle, and shall be displayed upon demand of any officer of the highway patrol, or
 any police officer or peace officer, or any other duly authorized person, for inspection when
 demand is made therefor. Failure of any operator of a motor vehicle to exhibit his or her
 license to any duly authorized officer shall be presumptive evidence that such person is not a
 duly licensed operator.
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         4. The director of revenue shall not issue a license without a facial digital image of
 the license applicant, except as provided pursuant to subsection 7 of this section. A digital
 image of the applicant's full facial features shall be taken in a manner prescribed by the
 director. No digital image shall be taken wearing anything which cloaks the facial features of
 the individual.
         5. The department of revenue may issue a temporary license or a full license without
 the photograph or with the last photograph or digital image in the department's records to
 members of the Armed Forces, except that where such temporary license is issued it shall be
 valid only until the applicant shall have had time to appear and have his or her picture taken
 and a license w