HOUSE BILL NO. 1873 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE REUTER.
4839H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 32.300, 301.032, 301.147, 301.190, 307.390, 643.300, 643.303, 643.305, 643.310, 643.312, 643.315, 643.320, 643.325, 643.330, 643.335, 643.337, 643.340, 643.345, 643.350, 643.353, and 643.355, RSMo, and to enact in lieu thereof six new sections relating to the motor vehicle emissions inspection program, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 32.300, 301.032, 301.147, 301.190, 307.390, 643.300, 643.303, 2 643.305, 643.310, 643.312, 643.315, 643.320, 643.325, 643.330, 643.335, 643.337, 643.340, 3 643.345, 643.350, 643.353, and 643.355, RSMo, are repealed and six new sections enacted in 4 lieu thereof, to be known as sections 32.300, 301.032, 301.147, 301.190, 307.390, and 5 643.365, to read as follows: 32.300. 1. In a county where personal property tax records are accessible via 2 computer, and when proof of motor vehicle liability insurance[,] and safety inspections [and 3 emission inspections] where required are verifiable by computer, the department of revenue 4 shall design and implement a motor vehicle license renewal system which may be used 5 through the department's internet website connection. The department of revenue shall also 6 design and implement an online system allowing the filing and payment of Missouri state 7 taxes through the department's internet website connection. The online tax filing and 8 payment system shall be available for the payment of Missouri state taxes for tax years 9 beginning on or after January 1, 2002. 10 2. The department of revenue is hereby authorized to design and implement a remote 11 driver's license renewal system which may be used through the department's internet website
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 1873 2
12 connection or through self-service terminals available at one or more locations within the 13 state. Any remote driver's license renewal system implemented by the department shall be 14 compliant with the provisions of the federal REAL ID Act of 2005 (Public Law 108-13), as 15 amended, the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99- 16 570), as amended, the USA PATRIOT Act of 2001 (Title X of Public Law 107-56), as 17 amended, and any regulations related thereto. 18 3. Notwithstanding any provision of law to the contrary, applicants who have applied 19 in person and received a driver's or nondriver's license in accordance with chapter 302 may 20 apply for no more than one consecutive three-year or six-year license renewal remotely in 21 accordance with this section. Remote application for renewal shall be made within six 22 months before or after the expiration date of the license in accordance with section 302.173. 23 4. Applicants for remote driver's license renewal in accordance with this section shall 24 not be required to complete the highway sign recognition test required under section 302.173 25 unless the department has technology that may be used remotely for such purpose. 26 Applicants for remote driver's license renewal in accordance with this section shall not be 27 required to complete the vision test established under section 302.175, provided the applicant 28 shall certify under penalty of law that the applicant's vision satisfies the requirements of 29 section 302.175 and that the applicant has undergone an examination of eyesight by a licensed 30 ophthalmologist or a licensed optometrist within the last twelve months. As a condition for 31 renewal in accordance with this section, the applicant shall authorize the exchange of vision 32 and medical information between the department and the applicant's ophthalmologist or 33 optometrist, and shall be at least twenty-one years of age but less than fifty years of age. The 34 ophthalmologist or optometrist shall have four business days to confirm or deny the vision 35 and medical information of the applicant. If no response is received by the department, the 36 department shall accept the vision and medical information provided for processing the 37 renewal application. 301.032. 1. Notwithstanding the provisions of sections 301.030 and 301.035 to the 2 contrary, the director of revenue shall establish a system of registration of all fleet vehicles 3 owned or purchased by a fleet owner registered pursuant to this section. The director of 4 revenue shall prescribe the forms for such fleet registration and the forms and procedures for 5 the registration updates prescribed in this section. Any owner of ten or more motor vehicles 6 which must be registered in accordance with this chapter may register as a fleet owner. All 7 registered fleet owners may, at their option, register all motor vehicles included in the fleet on 8 a calendar year or biennial basis pursuant to this section in lieu of the registration periods 9 provided in sections 301.030, 301.035, and 301.147. The director shall issue an identification 10 number to each registered owner of fleet vehicles. HB 1873 3
11 2. All fleet vehicles included in the fleet of a registered fleet owner shall be registered 12 during April of the corresponding year or on a prorated basis as provided in subsection 3 of 13 this section. Fees of all vehicles in the fleet to be registered on a calendar year basis or on a 14 biennial basis shall be payable not later than the last day of April of the corresponding year, 15 with two years' fees due for biennially-registered vehicles. Notwithstanding the provisions of 16 section 307.355, an application for registration of a fleet vehicle must be accompanied by a 17 certificate of inspection and approval issued no more than one hundred twenty days prior to 18 the date of application. The fees for vehicles added to the fleet which must be licensed at the 19 time of registration shall be payable at the time of registration, except that when such vehicle 20 is licensed between July first and September thirtieth the fee shall be three-fourths the annual 21 fee, when licensed between October first and December thirty-first the fee shall be one-half 22 the annual fee and when licensed on or after January first the fee shall be one-fourth the 23 annual fee. When biennial registration is sought for vehicles added to a fleet, an additional 24 year's annual fee will be added to the partial year's prorated fee. 25 3. At any time during the calendar year in which an owner of a fleet purchases or 26 otherwise acquires a vehicle which is to be added to the fleet or transfers plates to a fleet 27 vehicle, the owner shall present to the director of revenue the identification number as a fleet 28 number and may register the vehicle for the partial year as provided in subsection 2 of this 29 section. The fleet owner shall also be charged a transfer fee of two dollars for each vehicle so 30 transferred pursuant to this subsection. 31 4. Except as specifically provided in this subsection, all fleet vehicles registered 32 pursuant to this section shall be issued a special license plate which shall have the words 33 "Fleet Vehicle" in place of the words "Show-Me State" in the manner prescribed by the 34 advisory committee established in section 301.129. Alternatively, for a one-time additional 35 five dollar per-vehicle fee beyond the regular registration fee, a fleet owner of at least fifty 36 fleet vehicles may apply for fleet license plates bearing a company name or logo, the size and 37 design thereof subject to approval by the director. All fleet license plates shall be made with 38 fully reflective material with a common color scheme and design, shall be clearly visible at 39 night, and shall be aesthetically attractive, as prescribed by section 301.130. Fleet vehicles 40 shall be issued multiyear license plates as provided in this section which shall not require 41 issuance of a renewal tab. Upon payment of appropriate registration fees, the director of 42 revenue shall issue a registration certificate or other suitable evidence of payment of the 43 annual or biennial fee, and such evidence of payment shall be carried at all times in the 44 vehicle for which it is issued. 45 5. Notwithstanding the provisions of sections 307.350 to 307.390 to the contrary, a 46 fleet vehicle registered in Missouri is exempt from the requirements of sections 307.350 to HB 1873 4
47 307.390 if at the time of the annual fleet registration, such fleet vehicle is situated outside the 48 state of Missouri. 49 6. (1) Notwithstanding any other provisions of law to the contrary, any person, 50 company, or corporation engaged in the business of renting or leasing three thousand five 51 hundred or more motor vehicles which are to be used exclusively for rental or leasing 52 purposes and not for resale that has applied to the director of revenue for authority to operate 53 as a lease or rental company as prescribed in section 144.070 may operate as a registered fleet 54 owner as prescribed in the provisions of this subsection to subsection 10 of this section. 55 (2) The director of revenue may issue license plates after presentment of an 56 application, as designed by the director, and payment of an annual fee of three hundred sixty 57 dollars for the first ten plates and thirty-six dollars for each additional plate. The payment and 58 issuance of such plates shall be in lieu of registering each motor vehicle with the director as 59 otherwise provided by law. 60 (3) The registration fees for vehicles in the registered fleet owner's fleet shall be fully 61 payable at the time such plates are ordered, except that when such plate is ordered after the 62 first month of registration, the fees payable shall be prorated by the month the plates were 63 ordered. When biennial registration is sought, an additional year's annual fee shall be added 64 to the partial year's prorated fee. 65 (4) Such motor vehicles within the fleet shall not be exempted from the safety 66 inspection [and emissions inspection] provisions as prescribed in [chapters] chapter 307 [and 67 643], but notwithstanding the provisions of section 307.355, such inspections shall not be 68 required to be presented to the director of revenue. 69 7. A recipient of a lease or rental company license issued by the director of revenue as 70 prescribed in section 144.070 operating as a registered fleet owner under this section shall 71 register such fleet with the director of revenue on an annual or biennial basis in lieu of the 72 individual motor vehicle registration periods as prescribed in sections 301.030, 301.035, and 73 301.147. If an applicant elects a biennial fleet registration, the annual fleet license plate fees 74 prescribed in subdivision (1) of subsection 6 of this section shall be doubled. An agent fee as 75 prescribed in subdivision (1) of subsection 1 of section 136.055 shall apply to the issuance of 76 fleet registrations issued under subsections 6 to 10 of this section, and if a biennial fleet 77 registration is elected, the agent fee shall be collected in an amount equal to the fee for two 78 years. 79 8. Prior to the issuance of fleet license plates under subsections 6 to 10 of this section, 80 the applicant shall provide proof of insurance as required under section 303.024 or 303.026. 81 9. The authority of a recipient of a lease or rental company license issued by the 82 director of revenue as prescribed in section 144.070 to operate as a fleet owner as provided in 83 this section shall expire on January first of the licensure period. HB 1873 5
84 10. A lease or rental company operating fleet license plates issued under subsections 85 6 to 10 of this section shall make available, upon request, to the director of revenue and all 86 Missouri law enforcement agencies any corresponding vehicle and registration information 87 that may be requested as prescribed by rule. 88 11. The director shall make all necessary rules and regulations for the administration 89 of this section and shall design all necessary forms required by this section. Any rule or 90 portion of a rule, as that term is defined in section 536.010, that is created under the authority 91 delegated in this section shall become effective only if it complies with and is subject to all 92 the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 93 536 are nonseverable and if any of the powers vested with the general assembly under chapter 94 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently 95 held unconstitutional, then the grant of rulemaking authority and any rule proposed or 96 adopted after August 28, 2019, shall be invalid and void. 301.147. 1. Notwithstanding the provisions of section 301.020 to the contrary, 2 beginning July 1, 2000, the director of revenue may provide owners of motor vehicles, other 3 than commercial motor vehicles licensed in excess of fifty-four thousand pounds gross 4 weight, the option of biennially registering motor vehicles. Any vehicle manufactured as an 5 even-numbered model year vehicle shall be renewed each even-numbered calendar year and 6 any such vehicle manufactured as an odd-numbered model year vehicle shall be renewed each 7 odd-numbered calendar year, subject to the following requirements: 8 (1) The fee collected at the time of biennial registration shall include the annual 9 registration fee plus a pro rata amount for the additional twelve months of the biennial 10 registration; 11 (2) Presentation of all documentation otherwise required by law for vehicle 12 registration including, but not limited to, a personal property tax receipt or certified statement 13 for the preceding year that no such taxes were due as set forth in section 301.025, proof of a 14 motor vehicle safety inspection [and any applicable emission inspection] conducted within 15 sixty days prior to the date of application and proof of insurance as required by section 16 303.026. 17 2. The director of revenue may prescribe rules and regulations for the effective 18 administration of this section. The director is authorized to adopt those rules that are 19 reasonable and necessary to accomplish the limited duties specifically delegated within this 20 section. Any rule or portion of a rule, as that term is defined in section 536.010, that is 21 promulgated pursuant to the authority delegated in this section shall become effective only if 22 it has been promulgated pursuant to the provisions of chapter 536. This section and chapter 23 536 are nonseverable and if any of the powers vested with the general assembly pursuant to 24 chapter 536 to review, to delay the effective date or to disapprove and annul a rule are HB 1873 6
25 subsequently held unconstitutional, then the grant of rulemaking authority and any rule 26 proposed or adopted after July 1, 2000, shall be invalid and void. 27 3. The director of revenue shall have the authority to stagger the registration period of 28 motor vehicles other than commercial motor vehicles licensed in excess of twelve thousand 29 pounds gross weight. Once the owner of a motor vehicle chooses the option of biennial 30 registration, such registration must be maintained for the full twenty-four month period. 301.190. 1. No certificate of registration of any motor vehicle or trailer, or number 2 plate therefor, shall be issued by the director of revenue unless the applicant therefor shall 3 make application for and be granted a certificate of ownership of such motor vehicle or trailer, 4 or shall present satisfactory evidence that such certificate has been previously issued to the 5 applicant for such motor vehicle or trailer. Application shall be made within thirty days after 6 the applicant acquires the motor vehicle or trailer, unless the motor vehicle was acquired 7 under section 301.213 or subsection 5 of section 301.210 in which case the applicant shall 8 make application within thirty days after receiving title from the dealer, upon a blank form 9 furnished by the director of revenue and shall contain the applicant's identification number, a 10 full description of the motor vehicle or trailer, the vehicle identification number, and the 11 mileage registered on the odometer at the time of transfer of ownership, as required by section 12 407.536, together with a statement of the applicant's source of title and of any liens or 13 encumbrances on the motor vehicle or trailer, provided that for good cause shown the director 14 of revenue may extend the period of time for making such application. When an owner wants 15 to add or delete a name or names on an application for certificate of ownership of a motor 16 vehicle or trailer that would cause it to be inconsistent with the name or names listed on the 17 notice of lien, the owner shall provide the director with documentation evidencing the 18 lienholder's authorization to add or delete a name or names on an application for certificate of 19 ownership. 20 2. The director of revenue shall use reasonable diligence in ascertaining whether the 21 facts stated in such application are true and shall, to the extent possible without substantially 22 delaying processing of the application, review any odometer information pertaining to such 23 motor vehicle that is accessible to the director of revenue. If satisfied that the applicant is the 24 lawful owner of such motor vehicle or trailer, or otherwise entitled to have the same 25 registered in his name, the director shall thereupon issue an appropriate certificate over his 26 signature and sealed with the seal of his office, procured and used for such purpose. The 27 certificate shall contain on its face a complete description, vehicle identification number, and 28 other evidence of identification of the motor vehicle or trailer, as the director of revenue may 29 deem necessary, together with the odometer information required to be put on the face of the 30 certificate pursuant to section 407.536, a statement of any liens or encumbrances which the 31 application may show to be thereon, and, if ownership of the vehicle has been transferred, the HB 1873 7
32 name of the state issuing the transferor's title and whether the transferor's odometer mileage 33 statement executed pursuant to section 407.536 indicated that the true mileage is materially 34 different from the number of miles shown on the odometer, or is