HOUSE BILL NO. 2813 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE WOLFIN.
6303H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 301.144, RSMo, and to enact in lieu thereof one new section, to revise the special personalized license plate fee so that a fee of fifty dollars is imposed solely upon the initial issuance or reissuance of such plates.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 301.144, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 301.144, to read as follows: 301.144. 1. The director of revenue shall establish and issue special personalized 2 license plates containing letters or numbers or combinations of letters and numbers. Such 3 license plates shall be made with fully reflective material with a common color scheme and 4 design, shall be clearly visible at night, and shall be aesthetically attractive, as prescribed by 5 section 301.130. Any person desiring to obtain a special personalized license plate for any 6 motor vehicle the person owns, either solely or jointly, other than an apportioned motor 7 vehicle or a commercial motor vehicle licensed in excess of twenty-four thousand pounds 8 gross weight shall apply to the director of revenue on a form provided by the director and 9 shall pay a fee of [fifteen] fifty dollars in addition to the regular registration fees. The 10 additional fifty-dollar fee shall be collected only for new or reissued special personalized 11 license plates and not annually upon the renewal of existing plates. The director of 12 revenue shall issue rules and regulations setting the standards and establishing the procedure 13 for application for and issuance of the special personalized license plates and shall provide a 14 deadline each year for the applications. Any rule or portion of a rule, as that term is defined 15 in section 536.010, that is created under the authority delegated in this section shall become 16 effective only if it complies with and is subject to all of the provisions of chapter 536 and, if
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 2813 2
17 applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the 18 powers vested with the general assembly pursuant to chapter 536 to review, to delay the 19 effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then 20 the grant of rulemaking authority and any rule proposed or adopted after August 28, 2001, 21 shall be invalid and void. No two owners shall be issued identical plates. An owner shall 22 make a new application and pay a new fee each year such owner desires to obtain or retain 23 special personalized license plates; however, notwithstanding the provisions of subsection 8 24 of section 301.130 to the contrary, the director shall allow the special personalized license 25 plates to be replaced with new plates every three years without any additional charge, above 26 the fee established in this section, to the renewal applicant. Any person currently in 27 possession of an approved personalized license plate shall have first priority on that particular 28 plate for each of the following years that timely and appropriate application is made. 29 2. Upon application for a personalized plate by the owner of a motor vehicle for 30 which the owner has no registration plate available for transfer as prescribed by section 31 301.140, the director shall issue a temporary permit authorizing the operation of the motor 32 vehicle until the personalized plate is issued. 33 3. No personalized license plates shall be issued containing any letters, numbers or 34 combination of letters and numbers which are obscene, profane, patently offensive or 35 contemptuous of a racial or ethnic group, or offensive to good taste or decency, or would 36 present an unreasonable danger to the health or safety of the applicant, of other users of 37 streets and highways, or of the public in any location where the vehicle with such a plate may 38 be found. The director may recall any personalized license plates, including those issued 39 prior to August 28, 1992, if the director determines that the plates are obscene, profane, 40 patently offensive or contemptuous of a racial or ethnic group, or offensive to good taste or 41 decency, or would present an unreasonable danger to the health or safety of the applicant, of 42 other users of streets and highways, or of the public in any location where the vehicle with 43 such a plate may be found. Where the director recalls such plates pursuant to the provisions 44 of this subsection, the director shall reissue personalized license plates to the owner of the 45 motor vehicle for which they were issued at no charge, if the new plates proposed by the 46 owner of the motor vehicle meet the standards established pursuant to this section. The 47 director shall not apply the provisions of this statute in a way that violates the Missouri or 48 United States Constitutions as interpreted by the courts with controlling authority in the state 49 of Missouri. The primary purpose of motor vehicle license plates is to identify motor 50 vehicles. Nothing in the issuance of a personalized license plate creates a designated or 51 limited public forum. Nothing contained in this subsection shall be interpreted to prohibit the 52 use of license plates, which are no longer valid for registration purposes, as collector's items 53 or for decorative purposes. HB 2813 3
54 4. The director may also establish categories of special license plates from which 55 license plates may be issued. Any such person, other than a person exempted from the 56 additional fee pursuant to subsection 7 of this section, that desires a personalized special 57 license plate from any such category shall pay the same additional fee and make the same 58 kind of application as that required by subsection 1 of this section, and the director shall issue 59 such plates in the same manner as other personalized special license plates are issued. 60 5. The director of revenue shall issue to residents of the state of Missouri who hold an 61 unrevoked and unexpired official amateur radio license issued by the Federal 62 Communications Commission, upon application and upon payment of the additional fee 63 specified in subsection 1 of this section, except for a person exempted from the additional fee 64 pursuant to subsection 7 of this section, personalized special license plates bearing the official 65 amateur radio call letters assigned by the Federal Communications Commission to the 66 applicant with the words "AMATEUR RADIO" in place of the words "SHOW-ME STATE". 67 The application shall be accompanied by a statement stating that the applicant has an 68 unrevoked and unexpired amateur radio license issued by the Federal Communications 69 Commission and the official radio call letters assigned by the Federal Communications 70 Commission to the applicant. An owner making a new application and paying a new fee to 71 retain an amateur radio license plate may request a replacement plate with the words 72 "AMATEUR RADIO" in place of the words "SHOW-ME STATE". If application is made to 73 retain a plate that is three years old or older, the replacement plate shall be issued upon the 74 payment of required fees. 75 6. Notwithstanding any other provision to the contrary, any business that repossesses 76 motor vehicles or trailers and sells or otherwise disposes of them shall be issued a placard 77 displaying the word "Repossessed", provided such business pays the license fees presently 78 required of a manufacturer, distributor, or dealer in section 301.560. Such placard shall bear a 79 number and shall be in such form as the director of revenue shall determine, and shall be only 80 used for demonstrations when displayed substantially as provided for number plates on the 81 rear of the repossessed motor vehicle or trailer. 82 7. Notwithstanding any provision of law to the contrary, any person who has retired 83 from any branch of the United States Armed Forces or reserves, the United States Coast 84 Guard or reserve, the United States Merchant Marines or reserve, the National Guard, or any 85 subdivision of any such services shall be exempt from the additional fee required for 86 personalized license plates issued pursuant to section 301.441. As used in this subsection, 87 "retired" means having served twenty or more years in the appropriate branch of service and 88 having received an honorable discharge. ✔
Statutes affected: