HOUSE BILL NO. 2718 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE DOUGLAS.
4040H.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Section A. Sections 136.055, 302.178, and 302.181, RSMo, are repealed and three 2 new sections enacted in lieu thereof, to be known as sections 136.055, 302.178, and 302.181, 3 to read as follows: 136.055. 1. Except as provided in subsection 9 of this section, any person who is 2 selected or appointed by the state director of revenue as provided in subsection 2 of this 3 section to act as an agent of the department of revenue, whose duties shall be the processing 4 of motor vehicle title and registration transactions and the collection of sales and use taxes 5 when required under sections 144.070 and 144.440, and who receives no salary from the 6 department of revenue, shall be authorized to collect from the party requiring such services 7 additional fees as compensation in full and for all services rendered on the following basis: 8 (1) For each motor vehicle registration issued, renewed, or transferred: 9 (a) Nine dollars for annual registration; or 10 (b) Eighteen dollars for biennial registration; 11 (2) For each trailer registration issued, renewed, or transferred: 12 (a) Nine dollars for annual registration; 13 (b) Twenty-seven dollars for three-year registration; or 14 (c) Forty-five dollars for permanent registration; 15 (3) For each application or transfer of title, nine 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. HB 2718 2
16 (4) For each instruction permit, nondriver license, chauffeur's, operator's or driver's 17 license issued for a period of three years or less, nine dollars and eighteen dollars for licenses 18 or instruction permits issued or renewed for a period exceeding three years; 19 (5) For each notice of lien processed, nine dollars; 20 (6) Notary fee or electronic transmission per processing, two dollars. 21 2. The director of revenue shall award fee office contracts under this section through 22 a competitive bidding process. The competitive bidding process shall give priority to 23 organizations and entities that are exempt from taxation under Section 501(c)(3), 501(c)(6), or 24 501(c)(4), except those civic organizations that would be considered action organizations 25 under 26 C.F.R. Section 1.501 (c)(3)-1(c)(3), of the Internal Revenue Code of 1986, as 26 amended, with special consideration given to those organizations and entities that reinvest a 27 minimum of seventy-five percent of the net proceeds to charitable organizations in Missouri, 28 and political subdivisions, including but not limited to, municipalities, counties, and fire 29 protection districts. Notwithstanding any provision of law to the contrary, the director of 30 revenue shall not award any fee office contract under this section to any entity affiliated in 31 any manner with a current employee of the department of revenue or with a former employee 32 of the department of revenue for the one-year period following the former employee's 33 termination of employment with the department. For purposes of this subsection, "affiliated 34 in any manner" includes owning the entity or serving as an officer or board member of such 35 entity. Additionally, no person affiliated in any manner with an entity awarded a fee office 36 contract under this section shall be affiliated in any manner with an entity acting as a motor 37 vehicle title service agent as prescribed in sections 301.112 to 301.119. The director of the 38 department of revenue may promulgate rules and regulations necessary to carry out the 39 provisions of this subsection. Any rule or portion of a rule, as that term is defined in section 40 536.010, that is created under the authority delegated in this subsection shall become effective 41 only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, 42 section 536.028. This section and chapter 536 are nonseverable and if any of the powers 43 vested with the general assembly pursuant to chapter 536 to review, to delay the effective 44 date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant 45 of rulemaking authority and any rule proposed or adopted after August 28, 2009, shall be 46 invalid and void. 47 3. Notwithstanding any other provision of law to the contrary, the director of revenue 48 shall have the authority to enter into a contract amendment or renewal, for any contract for a 49 fee office awarded through the competitive bidding process after September 1, 2009, to 50 extend such contract for up to a five-year period to begin after the expiration date of such 51 contract. The director of revenue shall evaluate performance under the contract when 52 deciding whether to enter into contract amendments or renewals authorized in this subsection. HB 2718 3
53 Nothing shall obligate the director to offer such extension or renewal. A competitively 54 awarded contract may only be extended once pursuant to this subsection. 55 4. All fees authorized under this section collected by a contract fee office may be 56 retained and used by the entity operating the contract fee office, and all fees authorized under 57 this section collected by a fee office operated by the department of revenue shall be 58 considered state revenue. 59 5. All fees charged shall not exceed those in this section. The fees authorized under 60 this section shall be collected by all contract fee offices and shall be collected by all full-time 61 or temporary offices operated by the department of revenue. 62 6. Any person acting as agent of the department of revenue for the sale and issuance 63 of registrations, licenses, and other documents related to motor vehicles shall have an 64 insurable interest in all license plates, licenses, tabs, forms and other documents held on 65 behalf of the department. 66 7. The fees authorized by this section shall not be collected by motor vehicle dealers 67 acting as agents of the department of revenue under section 32.095 or those motor vehicle 68 dealers authorized to collect and remit sales tax under subsection 10 of section 144.070. 69 8. Notwithstanding any other provision of law to the contrary, the state auditor may 70 audit all records maintained and established by the fee office in the same manner as the 71 auditor may audit any agency of the state, and the department shall ensure that this audit 72 requirement is a necessary condition for the award of all fee office contracts. No confidential 73 records shall be divulged in such a way to reveal personally identifiable information. 74 9. The fees described in subsection 1 of this section shall not be collected from 75 any person who qualifies as a homeless child or homeless youth, as defined in subsection 76 1 of section 167.020, or as an unaccompanied youth as defined in 42 U.S.C. Section 77 11434a(6). Such person's status as a homeless child or youth or unaccompanied youth 78 shall be verified by a letter signed by one of the following persons: 79 (1) A director or designee of a governmental or nonprofit agency that receives 80 public or private funding to provide services to homeless persons; 81 (2) A local education agency liaison for homeless children and youth designated 82 under 42 U.S.C. Section 11432(g)(1)(J)(ii), or a school social worker or counselor; or 83 (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 2 qualified to obtain a license pursuant to sections 302.010 to 302.340 may apply for, and the 3 director shall issue, an intermediate driver's license entitling the applicant, while having such 4 license in his or her possession, to operate a motor vehicle of the appropriate class upon the 5 highways of this state in conjunction with the requirements of this section. An intermediate HB 2718 4
6 driver's license shall be readily distinguishable from a license issued to those over the age of 7 eighteen. All applicants for an intermediate driver's license shall: 8 (1) Successfully complete the examination required by section 302.173; 9 (2) Pay the fee required by subsection 4 of this section; 10 (3) Have had a temporary instruction permit issued pursuant to subsection 1 of 11 section 302.130 for at least a six-month period or a valid license from another state; and 12 (4) Have a parent, grandparent, legal guardian, or, if the applicant is a participant in a 13 federal residential job training program, a driving instructor employed by a federal residential 14 job training program, sign the application stating that the applicant has completed at least 15 forty hours of supervised driving experience under a temporary instruction permit issued 16 pursuant to subsection 1 of section 302.130, or, if the applicant is an emancipated minor, the 17 person over twenty-one years of age who supervised such driving. For purposes of this 18 section, the term "emancipated minor" means a person who is at least sixteen years of age, but 19 less than eighteen years of age, who: 20 (a) Marries with the consent of the legal custodial parent or legal guardian pursuant to 21 section 451.080; 22 (b) Has been declared emancipated by a court of competent jurisdiction; 23 (c) Enters active duty in the Armed Forces; 24 (d) Has written consent to the emancipation from the custodial parent or legal 25 guardian; [or] 26 (e) Through employment or other means provides for such person's own food, shelter 27 and other cost-of-living expenses; or 28 (f) Qualifies as a homeless child or homeless youth, as defined in subsection 1 of 29 section 167.020, or as an unaccompanied youth as defined in 42 U.S.C. Section 11434a 30 (6), and whose status as such is verified as provided under subsection 10 of this section; 31 (5) Have had no alcohol-related enforcement contacts as defined in section 302.525 32 during the preceding twelve months; and 33 (6) Have no nonalcoholic traffic convictions for which points are assessed pursuant to 34 section 302.302, within the preceding six months. 35 2. An intermediate driver's license grants the licensee the same privileges to operate 36 that classification of motor vehicle as a license issued pursuant to section 302.177, except that 37 no person shall operate a motor vehicle on the highways of this state under such an 38 intermediate driver's license between the hours of 1:00 a.m. and 5:00 a.m. unless 39 accompanied by a person described in subsection 1 of section 302.130; except the licensee 40 may operate a motor vehicle without being accompanied if the travel is to or from a school or 41 educational program or activity, a regular place of employment or in emergency situations as 42 defined by the director by regulation. HB 2718 5
43 3. Each intermediate driver's license shall be restricted by requiring that the driver 44 and all passengers in the licensee's vehicle wear safety belts at all times. This safety belt 45 restriction shall not apply to a person operating a motorcycle. For the first six months after 46 issuance of the intermediate driver's license, the holder of the license shall not operate a motor 47 vehicle with more than one passenger who is under the age of nineteen who is not a member 48 of the holder's immediate family. As used in this subsection, an intermediate driver's license 49 holder's immediate family shall include brothers, sisters, stepbrothers or stepsisters of the 50 driver, including adopted or foster children residing in the same household of the intermediate 51 driver's license holder. After the expiration of the first six months, the holder of an 52 intermediate driver's license shall not operate a motor vehicle with more than three passengers 53 who are under nineteen years of age and who are not members of the holder's immediate 54 family. The passenger restrictions of this subsection shall not be applicable to any 55 intermediate driver's license holder who is operating a motor vehicle being used in 56 agricultural work-related activities. 57 4. Notwithstanding the provisions of section 302.177 to the contrary, the fee for an 58 intermediate driver's license shall be five dollars and such license shall be valid for a period of 59 two years. Such fee shall be waived for any person qualifying as a homeless child or 60 homeless youth under paragraph (f) of subdivision (4) of subsection 1 of this section. 61 5. Any intermediate driver's licensee accumulating six or more points in a twelve- 62 month period may be required to participate in and successfully complete a driver- 63 improvement program approved by the state highways and transportation commission. The 64 driver-improvement program ordered by the director of revenue shall not be used in lieu of 65 point assessment. 66 6. (1) An intermediate driver's licensee who has, for the preceding twelve-month 67 period, had no alcohol-related enforcement contacts, as defined in section 302.525 and no 68 traffic convictions for which points are assessed, upon reaching the age of eighteen years or 69 within the thirty days immediately preceding their eighteenth birthday may apply for and 70 receive without further examination, other than a vision test as prescribed by section 302.173, 71 a license issued pursuant to this chapter granting full driving privileges. Such person shall 72 pay the required fee for such license as prescribed in section 302.177. 73 (2) If an intermediate driver's license expires on a Saturday, Sunday, or legal holiday, 74 such license shall remain valid for the five business days immediately following the 75 expiration date. In no case shall a licensee whose intermediate driver's license expires on a 76 Saturday, Sunday, or legal holiday be guilty of an offense of driving with an expired or invalid 77 driver's license if such offense occurred within five business days immediately following an 78 expiration date that occurs on a Saturday, Sunday, or legal holiday. HB 2718 6
79 (3) The director of revenue shall deny an application for a full driver's license until 80 the person has had no traffic convictions for which points are assessed for a period of twelve 81 months prior to the date of application for license or until the person is eligible to apply for a 82 six-year driver's license as provided for in section 302.177, provided the applicant is 83 otherwise eligible for full driving privileges. An intermediate driver's license shall expire 84 when the licensee is eligible and receives a full driver's license as prescribed in subdivision 85 (1) of this section. 86 7. No person upon reaching the age of eighteen years whose intermediate driver's 87 license and driving privilege is denied, suspended, cancelled or revoked in this state or any 88 other state for any reason may apply for a full driver's license until such license or driving 89 privilege is fully reinstated. Any such person whose intermediate driver's license has been 90 revoked pursuant to the provisions of sections 302.010 to 302.540 shall, upon receipt of 91 reinstatement of the revocation from the director, pass the complete driver examination, apply 92 for a new license, and pay the proper fee before again operating a motor vehicle upon the 93 highways of this state. 94 8. A person shall be exempt from the intermediate licensing requirements if the 95 person has reached the age of eighteen years and meets all other licensing requirements. 96 9. Any person who violates any of the provisions of this section relating to 97 intermediate drivers' licenses or the provisions of section 302.130 relating to temporary 98 instruction permits is guilty of an infraction, and no points shall be assessed to his or her 99 driving record for any such violation. 100 10. A person's status as a homeless child or youth or unaccompanied youth 101 under paragraph (f) of subdivision (4) of subsection 1 of this section shall be verified by 102 a letter signed by one of the following persons: 103 (1) A director or designee of a governmental or nonprofit agency that receives 104 public or private funding to provide services to homeless persons; 105 (2) A local education agency liaison for homeless children and youth designated 106 under 42 U.S.C. Section 11432(g)(1)(J)(ii), or a school social worker or counselor; or 107 (3) A licensed attorney representing the minor in any legal matter. 108 11. Any rule or portion of a rule, as that term is defined in section 536.010, that is 109 created under the authority delegated in this section shall become effective only if it complies 110 with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. 111 This section and chapter 536 are nonseverable and if any of the powers vested with the 112 general assembly pursuant to chapter 536 to review, to delay the effective date or to 113 disapprove and annul a rule are subsequently held unconstitutional, then the grant of 114 rulemaking authority and any rule proposed or adopted after August 28, 2000, shall be invalid 115 and void. HB 2718 7
302.181. 1. The license issued pursuant to the provisions of sections 302.010 to 2 302.340 shall be in such form as the director shall prescribe, but the license shall be a card 3 made of plastic or other comparable material. All licenses shall be manufactured of materials 4 and processes that will prohibit, as nearly as possible, the ability to reproduce, alter, 5 counterfeit, forge, or duplicate any license without ready detection. The license shall also 6 bear the expiration date of the license, the classification of the license, the name, date of birth, 7 residence address including the county of residence or a code number corresponding to such 8 county established by the department, and brief description and colored digitized image of the 9 licensee, and a facsimile of the signature of the licensee. The director shall provide by 10 administrative rule the procedure and format for a licensee to indicate on the back of the 11 license togethe