HOUSE BILL NO. 1339 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE JONES (12).
1368H.03I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 302.130, 302.171, 302.178, and 302.302, RSMo, and to enact in lieu thereof seven new sections relating to driving offenses committed by young drivers, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 302.130, 302.171, 302.178, and 302.302, RSMo, are repealed 2 and seven new sections enacted in lieu thereof, to be known as sections 302.130, 302.171, 3 302.178, 302.212, 302.214, 302.216, and 302.302, to read as follows: 302.130. 1. Any person at least fifteen years of age who, except for age or lack of 2 instruction in operating a motor vehicle, would otherwise be qualified to obtain a license 3 pursuant to sections 302.010 to 302.340 may apply for and the director shall issue a 4 temporary instruction permit entitling the applicant, while having such permit in the 5 applicant's immediate possession, to drive a motor vehicle of the appropriate class upon the 6 highways for a period of twelve months, but any such person, except when operating a 7 motorcycle or motortricycle, must be accompanied by a licensed operator for the type of 8 motor vehicle being operated who is actually occupying a seat beside the driver for the 9 purpose of giving instruction in driving the motor vehicle, who is at least twenty-one years of 10 age, and in the case of any driver under sixteen years of age, the licensed operator occupying 11 the seat beside the driver shall be a grandparent, parent, guardian, a person who is at least 12 twenty-five years of age who has been licensed for a minimum of three years and has received 13 written permission from the parent or legal guardian to escort or accompany the driver, a 14 driver training instructor holding a valid driver education endorsement on a teaching 15 certificate issued by the department of elementary and secondary education or a qualified
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. HB 1339 2
16 instructor of a private drivers' education program who has a valid driver's license. An 17 applicant for a temporary instruction permit shall successfully complete a vision test and a 18 test of the applicant's ability to understand highway signs which regulate, warn or direct 19 traffic and practical knowledge of the traffic laws of this state, pursuant to section 302.173. 20 In addition, beginning January 1, 2007, no permit shall be granted pursuant to this subsection 21 unless a parent or legal guardian gives written permission by signing the application and in so 22 signing, state they, or their designee as set forth in subsection 2 of this section, will provide a 23 minimum of forty hours of behind-the-wheel driving instruction, including a minimum of ten 24 hours of behind-the-wheel driving instruction that occurs during the nighttime hours falling 25 between sunset and sunrise. The forty hours of behind-the-wheel driving instruction that is 26 completed pursuant to this subsection may include any time that the holder of an instruction 27 permit has spent operating a motor vehicle in a driver training program taught by a driver 28 training instructor holding a valid driver education endorsement on a teaching certificate 29 issued by the department of elementary and secondary education or by a qualified instructor 30 of a private drivers' education program. If the applicant for a permit is enrolled in a federal 31 residential job training program, the instructor, as defined in subsection 5 of this section, is 32 authorized to sign the application stating that the applicant will receive the behind-the-wheel 33 driving instruction required by this section. 34 2. In the event the parent, grandparent or guardian of the person under sixteen years 35 of age has a physical disability which prohibits or disqualifies said parent, grandparent or 36 guardian from being a qualified licensed operator pursuant to this section, said parent, 37 grandparent or guardian may designate a maximum of two individuals authorized to 38 accompany the applicant for the purpose of giving instruction in driving the motor vehicle. 39 An authorized designee must be a licensed operator for the type of motor vehicle being 40 operated and have attained twenty-one years of age. At least one of the designees must 41 occupy the seat beside the applicant while giving instruction in driving the motor vehicle. 42 The name of the authorized designees must be provided to the department of revenue by the 43 parent, grandparent or guardian at the time of application for the temporary instruction 44 permit. The name of each authorized designee shall be printed on the temporary instruction 45 permit, however, the director may delay the time at which permits are printed bearing such 46 names until the inventories of blank permits and related forms existing on August 28, 1998, 47 are exhausted. 48 3. The director, upon proper application on a form prescribed by the director, in his or 49 her discretion, may issue a restricted instruction permit effective for a school year or more 50 restricted period to an applicant who is enrolled in a high school driver training program 51 taught by a driver training instructor holding a valid driver education endorsement on a 52 teaching certificate issued by the state department of elementary and secondary education HB 1339 3
53 even though the applicant has not reached the age of sixteen years but has passed the age of 54 fifteen years. Such instruction permit shall entitle the applicant, when the applicant has such 55 permit in his or her immediate possession, to operate a motor vehicle on the highways, but 56 only when a driver training instructor holding a valid driver education endorsement on a 57 teaching certificate issued by the state department of elementary and secondary education is 58 occupying a seat beside the driver. 59 4. The director, in his or her discretion, may issue a temporary driver's permit to an 60 applicant who is otherwise qualified for a license permitting the applicant to operate a motor 61 vehicle while the director is completing the director's investigation and determination of all 62 facts relative to such applicant's rights to receive a license. Such permit must be in the 63 applicant's immediate possession while operating a motor vehicle, and it shall be invalid 64 when the applicant's license has been issued or for good cause has been refused. 65 5. In the event that the applicant for a temporary instruction permit described in 66 subsection 1 of this section is a participant in a federal residential job training program, the 67 permittee may operate a motor vehicle accompanied by a driver training instructor who holds 68 a valid driver education endorsement issued by the department of elementary and secondary 69 education and a valid driver's license. 70 6. A person at least fifteen years of age may operate a motor vehicle as part of a 71 driver training program taught by a driver training instructor holding a valid driver education 72 endorsement on a teaching certificate issued by the department of elementary and secondary 73 education or a qualified instructor of a private drivers' education program. 74 7. Beginning January 1, 2003, the director shall issue with every temporary 75 instruction permit issued pursuant to subsection 1 of this section a sticker or sign bearing the 76 words "PERMIT DRIVER". The design and size of such sticker or sign shall be determined 77 by the director by regulation. Every applicant issued a temporary instruction permit and 78 sticker on or after January 1, 2003, may display or affix the sticker or sign on the rear window 79 of the motor vehicle. Such sticker or sign may be displayed on the rear window of the motor 80 vehicle whenever the holder of the instruction permit operates a motor vehicle during his or 81 her temporary permit licensure period. 82 8. Beginning July 1, 2005, the director shall verify that an applicant for an instruction 83 permit issued under this section is lawfully present in the United States before accepting the 84 application. The director shall not issue an instruction permit for a period that exceeds an 85 applicant's lawful presence in the United States. The director may establish procedures to 86 verify the lawful presence of the applicant and establish the duration of any permit issued 87 under this section. 88 9. Notwithstanding any provision of law to the contrary, for any person holding 89 a temporary instruction permit issued under the provisions of this section, no violation HB 1339 4
90 for which points are assessed under section 302.302 shall be reduced or amended to any 91 violation for which fewer or no points are assessed under section 302.302. 92 10. The director may adopt rules and regulations necessary to carry out the provisions 93 of this section. 302.171. 1. The director shall verify that an applicant for a driver's license is a 2 Missouri resident or national of the United States or a noncitizen with a lawful immigration 3 status, and a Missouri resident before accepting the application. The director shall not issue a 4 driver's license for a period that exceeds the duration of an applicant's lawful immigration 5 status in the United States. The director may establish procedures to verify the Missouri 6 residency or United States naturalization or lawful immigration status and Missouri residency 7 of the applicant and establish the duration of any driver's license issued under this section. An 8 application for a license shall be made upon an approved form furnished by the director. 9 Every application shall state the full name, Social Security number, age, height, weight, color 10 of eyes, sex, residence, mailing address of the applicant, and the classification for which the 11 applicant has been licensed, and, if so, when and by what state, and whether or not such 12 license has ever been suspended, revoked, or disqualified, and, if revoked, suspended or 13 disqualified, the date and reason for such suspension, revocation or disqualification and 14 whether the applicant is making a one or more dollar donation to promote an organ donation 15 program as prescribed in subsection 2 of this section, to promote a blindness education, 16 screening and treatment program as prescribed in subsection 3 of this section, or the Missouri 17 medal of honor recipients fund prescribed in subsection 4 of this section. A driver's license, 18 nondriver's license, or instruction permit issued under this chapter shall contain the applicant's 19 legal name as it appears on a birth certificate or as legally changed through marriage or court 20 order. No name change by common usage based on common law shall be permitted. The 21 application shall also contain such information as the director may require to enable the 22 director to determine the applicant's qualification for driving a motor vehicle; and shall state 23 whether or not the applicant has been convicted in this or any other state for violating the laws 24 of this or any other state or any ordinance of any municipality, relating to driving without a 25 license, careless driving, or driving while intoxicated, or failing to stop after an accident and 26 disclosing the applicant's identity, or driving a motor vehicle without the owner's consent. 27 The application shall contain a certification by the applicant as to the truth of the facts stated 28 therein. Every person who applies for a license to operate a motor vehicle who is less than 29 twenty-one years of age shall be provided with educational materials relating to the hazards of 30 driving while intoxicated, including information on penalties imposed by law for violation of 31 the intoxication-related offenses of the state. Beginning January 1, 2001, if the applicant is 32 less than eighteen years of age, the applicant must comply with all requirements for the 33 issuance of an intermediate driver's license pursuant to section 302.178. For persons HB 1339 5
34 mobilized and deployed with the United States Armed Forces, an application under this 35 subsection shall be considered satisfactory by the department of revenue if it is signed by a 36 person who holds general power of attorney executed by the person deployed, provided the 37 applicant meets all other requirements set by the director. Beginning January 1, 2027, if the 38 applicant is under twenty-one years of age and has never held a driver's license issued 39 by the state of Missouri, any other state or territory of the United States, or any foreign 40 country, the applicant shall successfully complete a driver's education program 41 approved by the Missouri highways and transportation commission. 42 2. An applicant for a license may make a donation of an amount not less than one 43 dollar to promote an organ donor program. The director of revenue shall collect the donations 44 and deposit all such donations in the state treasury to the credit of the organ donor program 45 fund established in sections 194.297 to 194.304. Moneys in the organ donor program fund 46 shall be used solely for the purposes established in sections 194.297 to 194.304 except that 47 the department of revenue shall retain no more than one percent for its administrative costs. 48 The donation prescribed in this subsection is voluntary and may be refused by the applicant 49 for the license at the time of issuance or renewal of the license. The director shall make 50 available an informational booklet or other informational sources on the importance of organ 51 and tissue donations to applicants for licensure as designed by the organ donation advisory 52 committee established in sections 194.297 to 194.304. The director shall inquire of each 53 applicant at the time the licensee presents the completed application to the director whether 54 the applicant is interested in making the one or more dollar donation prescribed in this 55 subsection and whether the applicant is interested in inclusion in the organ donor registry and 56 shall also specifically inform the licensee of the ability to consent to organ donation by 57 placing a donor symbol sticker authorized and issued by the department of health and senior 58 services on the back of his or her driver's license or identification card as prescribed by 59 subdivision (1) of subsection 1 of section 194.225. A symbol may be placed on the front of 60 the license or identification card indicating the applicant's desire to be listed in the registry at 61 the applicant's request at the time of his or her application for a driver's license or 62 identification card, or the applicant may instead request an organ donor sticker from the 63 department of health and senior services by application on the department of health and senior 64 services' website. Upon receipt of an organ donor sticker sent by the department of health and 65 senior services, the applicant shall place the sticker on the back of his or her driver's license or 66 identification card to indicate that he or she has made an anatomical gift. The director shall 67 notify the department of health and senior services of information obtained from applicants 68 who indicate to the director that they are interested in registry participation, and the 69 department of health and senior services shall enter the complete name, address, date of birth, HB 1339 6
70 race, gender and a unique personal identifier in the registry established in subsection 1 of 71 section 194.304. 72 3. An applicant for a license may make a donation of one dollar to promote a 73 blindness education, screening and treatment program. The director of revenue shall collect 74 the donations and deposit all such donations in the state treasury to the credit of the blindness 75 education, screening and treatment program fund established in section 209.015. Moneys in 76 the blindness education, screening and treatment program fund shall be used solely for the 77 purposes established in section 209.015; except that the department of revenue shall retain no 78 more than one percent for its administrative costs. The donation prescribed in this subsection 79 is voluntary and may be refused by the applicant for the license at the time of issuance or 80 renewal of the license. The director shall inquire of each applicant at the time the licensee 81 presents the completed application to the director whether the applicant is interested in 82 making the one dollar donation prescribed in this subsection. 83 4. An applicant for registration may make a donation of one dollar to the Missouri 84 medal of honor recipients fund. The director of revenue shall collect the donations and 85 deposit all such donations in the state treasury to the credit of the Missouri medal of honor 86 recipients fund as established in section 226.925. Moneys in the medal of honor recipients 87 fund shall be used solely for the purposes established in section 226.925, except that the 88 department of revenue shall retain no more than one percent for its administrative costs. The 89 donation prescribed in this subsection is voluntary and may be refused by the applicant for 90 registration at the time of issuance or renewal. The director shall inquire of each applicant at 91 the time the applicant presents the completed application to the director whether the applicant 92 is interested in making the one dollar donation prescribed in this subsection. 93 5. An applicant for registration may make a donation of one dollar to the 94 driver's education training fund. The director of revenue shall collect the donations and 95 deposit all such donations in the state treasury to the credit of the driver's education 96 training fund in section 302.216. Moneys in the driver's education training fund shall be 97 used solely for the purposes established in section 302.216, except that the department of 98 revenue shall retain no more than one percent for its administrative costs. The donation 99 prescribed in this subsection is voluntary and may be refused by the applicant for 100 registration at the time of issuance or renewal. The director shall inquire of each 101 applicant at the time the applicant presents the completed application to the director 102 whether the applicant is interested in making the one dollar donation prescribed in this 103 subsection. 104 6. Beginning July 1, 2005, the director shall deny the driving privilege of any person 105 who commits fraud or deception during the examination process or who makes application 106 for an instruction permit, driver's license, or nondriv