HS/SS/SCS/SBs 1233, 840 & 1043 - This act revises and enacts several provisions of law relating to the operation of a motor vehicle. The act revises several provisions of law to require applicants for driver's licenses to verify that they are lawfully present in the Untied States. These measures are homeland security related. In addition, the act creates several new specialized license plates as well establishes a procedure to bypass the legislative process for creating them. The act also revises several commercial driver license provisions to comply with federal regulations. Failure to enact such provisions could jeopardize federal funding.

RACIAL PROFILING - Under this act, the law regarding racial profiling is modified. Under the current law, every time a peace officer stops a driver of a motor vehicle for a violation of any motor vehicle statute or ordinance, the officer must complete a racial profile report. Under the act, this report must be completed every time an officer stops a driver of a motor vehicle, regardless of the reason. A report does not have to be completed if a peace officer stops a driver of a motor vehicle pursuant to a lawfully conducted sobriety check point or road block (Section 590.650)(CCA 1).

ILLEGAL IMMIGRANTS AND LAWFUL PRESENCE IN THE UNITED STATES - This act requires driver's license applicants to verify that they are lawfully present in the United States (Sections 302.130 and 302.171). The director shall not issue a driver's license for a period which exceeds an applicant's lawful presence in the United States. The director may establish procedures to verify the lawful presence of the applicant and establish the duration of any drivers license issued under this section. The act also requires the Director of Revenue to deny driving privileges for a period of one year of those who commit fraud or deception during the examination process (Section 302.173).

DISABLED LICENSE PLATES AND PLACARDS - This act revises the procedures relating to disabled license plates and placards and the use of designated disabled parking spaces. Under this act, fraudulent procurement or use of a disabled license plate is a Class B misdemeanor. Under current law, it is a Class C misdemeanor.

Physicians or health care practitioners will be guilty of a Class B misdemeanor if they issue, sign, or furnish a physician's statement or certificate to enable a person to obtain disabled license plates or windshield placards for any person who does not meet established conditions required by law or if there is no basis for a diagnosis, or state a condition or diagnosis which is outside the scope of the provider's license. Under current law it is a Class C misdemeanor for a health care practitioner to certify an individual for a disabled plate or placard if the diagnosis is outside the practitioner's scope (Section 301.141).

This act allows other health care practitioners (chiropractors, podiatrists, and optometrists) to certify individuals for disabled license plates and placards (Section 301.142).

Under this act, age, in and of itself, shall not be a factor in determining whether a person is entitled to a disabled license plate (Section 301.142.1(f)).

This act provides that other authorized health care practitioners may furnish disabled persons a statement for only those health care conditions for which the practitioner is authorized to treat. The act establishes record maintenance requirements for physicians and health care practitioners who issue physician statements. Such records shall be available to inspection to the practitioner's licensing board, the Department of Revenue and appropriate law enforcement officers. Such records shall be confidential unless required to be disclosed by law.

Under this act, a physician's statement shall:

1. Be on a form prescribed by the Director of Revenue;

2. Set forth the specific diagnosis which renders the person physically disabled;

3. Include the physician's license number; and

4. Be signed by the physician or health care practitioner (Section 301.142.3).

No more than two removable windshield handicap placards may be issued by the Director of the Department of Revenue to any one person. Placards shall be renewable only by the person to which the placard was originally issued. The placard shall only be used when the person is in the motor vehicle at the time of parking or when the person is being delivered.

The Director also will be required to issue a registration certificate identifying the name, address, and other identifying information as prescribed by the Director. The Director shall furnish the applicant with a notice which sets forth that plates or placards are non-transferable, what the restrictions of use are, and the penalties for violating this act. The validated registration receipt given to the applicant shall serve as the registration certificate.

Every new applicant for a disabled plate or placard shall be required to present a new physician's statement dated no more than 90 days prior to such application. Renewal applicants will be required to submit a physician's statement dated no more than 90 days prior to such application upon their first renewal occurring on or after August 1, 2005. Upon completing subsequent renewal applications, a physician's statement dated no more than 90 days prior to such application shall be required every 4th year.

Under this act, a personal representative of a decedent who comes into possession of disabled plates shall return th plates to the director of revenue. Failure to do so is a Class A misdemeanor.

Under this act, the fee for a replacement windshield placard is increased from $2 to $4.

Under this act, a person who cannot produce the certificate which authorizes him or her to park in a disabled parking space shall be guilty of an Class A misdemeanor. If a person can later produce a valid certificate in court, the person shall not be found guilty. Under this act, a placard shall only be used when the vehicle is parked in a disabled parking space (Section 304.601). The disabled license plate provisions are similar to those found in SB 1144 (2004).

DRIVEAWAY OPERATIONS - This act modifies the definition of "driveaway operation" and "driveaway operator" to include:

(1) The movement of any vehicle or vehicles, not owned by the transporter, constituting the commodity being transported, by a person engaged in the business of furnishing drivers and operators for the purpose of transporting vehicles in transit from one place to another by the drive away or tow away methods.

(2) The movement of a motor vehicle by any person who is lawfully engaged in the business of transporting or delivering vehicles that are not the person's own and vehicles of a type otherwise required to be registered, by the driveaway or towaway methods, from a point of manufacture, assembly or distribution or from the owner of the vehicles to a dealer or sales agent of a manufacturer or to any consignee designated by the shipper or consignor.

The act provides that driveaway license plates may only be used for the purpose of transporting vehicles in transit. Driveaway license plates may not be used by tow truck operators transporting wrecked, abandoned, improperly parked, or burned vehicles. The act extends the area for certain land improvement contractors' commercial motor vehicles from 25 miles to 50 miles. This act is similar to SCS/SB 757 (2004)(SA 1)(Sections 301.010, 301.069, and 390.020).

LOCAL LOG TRUCK TRACTOR - This act adds the definition of local log truck tractor to chapter 301 (section 301.010).

SUSPENDING OF MOTOR VEHICLE REGISTRATION FOR FAILURE TO PAY ST. LOUIS CITY AND KANSAS CITY VEHICLE-RELATED FEES - Beginning July 1, 2005, the city of St. Louis and Kansas City may notify, by ordinary mail, any owner of a motor vehicle who is delinquent in payment of vehicle-related fees and fines that if full payment is not received within thirty days, it will notify the director of revenue to suspend the motor vehicle registration for such vehicle. For the purpose of the act, "vehicle-related fees and fines" includes, but is not limited to, traffic violation fines, parking violation fines, vehicle towing, storage and immobilization fees, and any late payment penalties, other fees, and court costs associated with the adjudication or collection of those fines. Upon receipt of notification from the City of St. Louis, the director of revenue may provide notice of suspension of motor vehicle registration to the owner at the owner's last address shown on the records of the department of revenue. Any suspension imposed may remain in effect until the department of revenue receives notification from St. Louis or Kansas City that the vehicle-related fees or fines have been paid in full. Upon the owner furnishing proof of payment of such fees and fines and paying a twenty dollar reinstatement fee to the director of revenue the motor vehicle or vehicles registration shall be reinstated. The owner of the motor vehicle whose registration has been suspended pursuant to this act may appeal to the circuit court of the county where the violation occurred for review of such suspension at any time within thirty days after notice of motor vehicle registration suspension. The circuit court may order the director to reinstate such registration, sustain the suspension of registration by the director or set aside or modify such suspension. Rental companies are exempt from paying outstanding vehicle-related fees and having the registration on their vehicles suspended so long as the rental companies have provided the city with a copy of the rental agreement showing that the vehicle was rented by a patron at the time the fees or fines were assessed (HA 2). The city of St. Louis or Kansas City shall reimburse the department of revenue for all administrative costs associated with the administration of these provisions (Section 301.025).

COLLECTION OF TRAFFIC FINES WITH PERSONAL PROPERTY TAXES - Under this act, any city or city not within a county may enter into a contract or cooperative agreement with the county governing body and county collector of any county with a charter form of government or any county of the first classification to include as a charge on bills issued for personal property taxes any outstanding vehicle-related fees and fines, including traffic violations, assessed or issued on any vehicle for which personal property tax is to be paid. No personal property tax bill shall be considered paid unless all charges for parking violations and other vehicle-related fees and fines are also paid in full, and the county collector shall not issue a paid personal property tax receipt until all such charges are paid. Any contract or cooperative agreement shall be in writing, signed by the city, county governing body, and county collector, and shall set forth the provisions and terms agreed to by the parties. (section 137.298). The act exempts rental or leasing companies from paying outstanding vehicle-related fees if the rental or leasing company provides the county collector a copy of the rental agreement showing that the vehicle was rented at the time the fees or fines were assessed (HA 2). This portion of the act is similar to SB 1340 (2004)(SA 3).

COMMISSION INSURANCE OF MOTOR VEHICLES - The act modifies the law with respect to how the state Highways and Transportation Commission may provide automobile liability insurance. The act provides that the commission may provide such insurance for airplanes and boats utilized by the commission in addition to motor vehicles. The commission may provide for such insurance by a plan of:

(1) Self-insurance;

(2) Partially self-insured and partially insured by a contract of insurance; or

(3) Full insurance issued by an insurance company (section 226.092)(HA 3).

RETAIL SALES TAX - This act removes the requirement that the person trading in for sales tax allowance be the owner or holder of the vehicle's title (section 144.025)

REISSUANCE OF LICENSE PLATES - The act requires the Department of Revenue, beginning January 1, 2007, to issue new license plates. The Department of Revenue may charge a fee, up to $2.50 ($1.25 for vehicles only requiring a single plate), to cover the cost of reissuance. The act establishes an advisory committee within the Department of Revenue to design the new plates. The Advisory Committee for the Department of Revenue shall consist of the Director of Revenue, the Superintendent of the Highway Patrol, the Correctional Enterprises Administrator, and the two respective chairpersons of both the senate and house transportation committees. The committee shall hold at least three public meetings around the state and shall adopt its final design by April 1,2006. The act also requires that beginning January 1, 2009, numbers recorded on license plate tabs must be the same numbers that appear on the license plates (sections 301.129 and 301.130).

PERSONALIZED LICENSE PLATES - Under this act, the restriction that personalized plates not exceed 6 characters in length is removed. The personalization fee is increased from $15 to $25 (section 301.144). The act adds cleanup language regarding the type of vehicles that can display personalized license plates. This act eliminates the requirement of the department to issue a 'stock' plate that is only utilized 30-60 days until the personalized license plate is manufactured; instead the person will receive a temporary permit until the plate is issued (subsection 2 of section 301.144).

SPECIAL LICENSE PLATE PROCEDURE THROUGH JOINT COMMITTEE ON TRANSPORTATION OVERSIGHT - Under this act, the joint committee on transportation oversight is assigned the duty of approving or denying special license plate applications submitted to it by the Department of Revenue. The special license plate application must be approved by the committee by unanimous vote. The act allows 5 members of the house or 2 members of the Senate to oppose the approval of an application (section 21.795.6).

The Director of Revenue shall not authorize the manufacture of the material to produce such specialized license plates with the individual seal, logo, or emblem until such time the director has received two hundred applications for such plates and deposits with the department of revenue a fee of up to five thousand dollars to defray the cost for issuing, developing and programming the implementation of the specialty plate (Section 301.2999.4).

Organizations seeking authorization to establish a new special license plate must initially petition the Department of Revenue. The organization must submit an application which:

(1) Describes the proposed license plate;

(2) Is accompanied by 200 applications and special plate fees from eligible applicants who plan to purchase the special license plate; and

(3) Is accompanied by an application fee, not to exceed $5,000, to defray the cost of reviewing the application and developing the plate (Section 301.3150).

All moneys received by the Department of Revenue, excluding the special license plate fee, shall be deposited in the "Department of Revenue Specialty Plate Fund". The state treasurer shall be the custodian of the fund and shall make disbursements from the fund for the development and review of special license plates.

The required documents and fees must be submitted to the Department of Revenue by July 1st prior to the next regular session of the general assembly to be approved by the joint committee on transportation oversight. If the special license plate application is approved by the joint committee, the sponsoring organization shall submit the proposed art work to the department of revenue no later than 60 days after such approval. If the joint committee denies the application, 97% of the application fee shall be refunded to the organization (Section 301.3150.8). The department shall begin production and distribution of the new special license plates within one year after approval of the special license plate by the joint committee. The department is authorized to discontinue issuance of special license plates if the organization no longer provides services or has stopped issuing emblem use- authorization statements(subsection 17).

Any person or organization who has received a notice of denial of application for development of a special license plate may request a hearing to review the committee's decision within 15 days of receiving the notice of denial (Section 301.3152).

The special license plate fee for all special plates, except special military license plates, is increased from $15 to $25 ($50 for biennial registration) and the fee for personalization is waived for personalized specialized plates (Section 301.3154). The special license plate procedure shall become effective January 1, 2005.

AMATEUR RADIO PLATES - This act requires that amateur radio license plates contain the words "AMATEUR RADIO" in place of the words "SHOW-ME-STATE". Previous plate owners making a new application and paying a new fee to retain an amateur radio plate may request a replacement plate with the words "AMATEUR RADIO" in place of the words "SHOW-ME-STATE". This act is substantially similar to SB 89 (2003) and HB 684 (2001) (section 301.144.5).

PEACE OFFICER PLATES - This act allows peace officers wounded in the line of duty, or surviving spouses, parents, brothers, sisters or children of a peace officer killed in the line of duty, to receive special license plates. The applicant shall pay $15 in addition to regular registration fees. The plate shall bear the insignia depicting a yellow rose superimposed over the outline of a badge and shall bear the words "TO PROTECT AND SERVE". This provision is similar to the one contained in SB 134 (2003)(section 301.3128).

AG IN THE CLASSROOM - This act creates the Agriculture in the Classroom special license plate. After paying a $25 contribution to the Missouri Farm Bureau on behalf of the Agriculture in the Classroom program, a $15 special license plate fee, and regular registration fees, the Department of Revenue shall issue the applicant a special license plate bearing the words "MISSOURI AGRICULTURE". All monies received by the Missouri Farm Bureau shall be used solely to fund Missouri's Agriculture in the Classroom Program (section 301.3079).

KILLED IN THE LINE OF MILITARY DUTY PLATE - This act allows family members of military members killed in action to obtain specialized license plates to commemorate such sacrifice (section 301.3142).

AMERICAN HEART ASSOCIATION PLATE - This act allows motorists to obtain a specialized plate after making a donation to the American Heart Association. The personalized license plate shall bear the Red Dress icon (section 301.3155).

KINGDOM OF CALONTIR - This act provides that the words "KINGDOM OF CALONTIR" shall replace the words "SHOW-ME STATE" (Section 301.3098).

FIREFIGHTER PLATES - This act allows firefighters wounded in the line of duty, or surviving spouses, parents, brothers, sisters or children of a firefighter killed in the line of duty, to receive special license plates. The applicant shall pay $15 in addition to regular registration fees. The plate shall bear the words "FIREFIGHERS MEMORIAL". This provision is similar to the one contained in SB 171 (2003)(section 301.3129).

U.S. VETERAN LICENSE PLATES - This act allows honorably discharged veterans to obtain "U.S. VET" motor vehicle license plates. To obtain these plates, the individual will pay $15 in addition to regular registration fees. This act also removes the requirement from the U.S. VET motorcycle plate provision that the person must have served during a period of war (section 301.3999). This provision is similar to one contained in SB 240 (2003).

FOXTROTTING LICENSE PLATE - This act allows members of the Missouri Foxtrotting Horse Breed Association to obtain specialized license plates. After making a $25 contribution to the association, the member may obtain the specialized license plate by paying $15 in addition to regular registration fees. The act allows members of the Missouri Foxtrotting Horse Breed Association to personalize the specialized license plates without a fee. The plate shall bear the words "FOXTROTTER - STATE HORSE". This part of the act is contained in HB 1167 (2004) and is identical to SB 261 and HB 170 (2003)(section 301.3126).

DAUGHTERS OF THE AMERICAN REVOLUTION - This act allows members of the Missouri State Society Daughters of the American Revolution to obtain specialized license plates. To obtain the specialized plate, the member of the organization must pay a one-time emblem-use authorization contribution of $25 and $15 in addition to regular registration fees (Section 301.134). This provision was contained in SB 368 (2003).

KIDS WITH CANCER LICENSE PLATES - This act allows persons to receive "Friends of Kids with Cancer" license plates after making an annual $25 contribution to the Friends of Kids with Cancer organization. In addition to the $25 contribution, the person must pay $15 plus regular registration fees. No additional fee shall be assessed for the personalization of such plates. This provision was contained in SB 369 (2003)(section 301.3122).

MISSOURI CONSERVATION HERITAGE FOUNDATION PLATES - Under this act, the personalization fee for Conservation Heritage Foundation plates is removed (section 301.469).

SPECIAL OLYMPIC LICENSE PLATES - This act creates the Special Olympics Missouri license plate. An individual may obtain such a plate after paying $25 to Special Olympics Missouri in addition to the $15 special license plate fee and other registration fees. This provision was contained in SB 382 (2003)(section 301.3124).

CHILDREN'S TRUST FUND LICENSE PLATES - This act modifies the law regarding Children's Trust Fund license plates. This act states that the plates cannot be issue for apportioned motor vehicles or commercial motor vehicles in excess of 18,000 pounds. This act allows the $25 contribution to be made at time the of registration. This act also requires the Director of Revenue to issue sample license plates to be displayed in revenue offices and that literature describing the Children's Trust Fund be distributed in such offices. This provision is similar to one contained in SB 402 (2003)(section 301.463).

PROFESSIONAL ENGINEERS LICENSE PLATE - This act allows members of the Missouri Society of Professional Engineers to receive special license plates. In order to obtain such a plate, the member must pay $25 for a emblem-use contribution to the organization and pay $15 in addition to regular registration fees. This provision was contained in SB 403(2003)(Section 301.3132).

ORGAN DONOR LICENSE PLATE - This act creates an organ donor license plate. In order to receive an organ donor license plate, the driver must first donate $25 to the Organ Donor Program Fund established under section 194.297. The driver must also pay $15 in addition to regular registration fees. The license plate will bear the words "BE AN ORGAN DONOR" in lieu of the words "SHOW-ME STATE". The plates will be designed by the director of revenue in consultation with the Organ Donation Advisory Committee. This provision was contained in SB 419 (2003)(Section 301.3125).

ALPHA PHI OMEGA LICENSE PLATES - This act allows members or alumni of Alpha Phi Omega to obtain specialized license plates. A member may obtain such a plate by making an annual emblem-use contribution fee of $25 to the organization and by paying a fee of $15 in addition to regular registration fees. This provision was contained in SB 484 (2003)(Section 301.3137).

SEARCH AND RESCUE COUNCIL LICENSE PLATE - This act allows members of the search and rescue council of Missouri to receive specialized license plates (Section 301.3146).

THETA CHI FRATERNITY LICENSE PLATE - This act allows current and alumnus members of Theta Chi Fraternity to receive specialized license plates bearing their organization's insignia (Section 301.3147)

FORMER LEGISLATORS - This act allows former members of the Missouri legislature to receive special license plates. This provision is similar to one contained in HB 1789 (2002)(Section 301.3106).

STREET RODS AND CUSTOM VEHICLE REGISTRATION - This act establishes new registration procedures for street rods and custom vehicles. The act defines "street rod" and "custom vehicle". The annual fee for these vehicles shall equal the fee charged for a personalized license plate ($15) plus regular registration fees. Owners of these types of vehicles must certify at the time of registration that the vehicles will be maintained for occasional transportation, exhibits, club activities, parades, tours, and similar uses and will not be used for general daily transportation. These vehicles are exempt from vehicle inspections and emission tests. License plates for these categories of vehicles shall bear the words "STREET ROD" or "CUSTOM VEHICLE". A street rod or custom vehicle may use blue dot tail lights for stop lamps, rear turning indicator lamps, rear hazard lamps, and rear reflectors. A "blue dot tail light" is a red lamp installed in the rear of the motor vehicle which contains a blue or purple insert that is not more than one inch in diameter. These provisions are similar to HB 598, SB 570 and HB 283(2003)(Section 301.132).

STREET RODS AND CUSTOM VEHICLE REGISTRATION - This act establishes new registration procedures for street rods and custom vehicles. The act defines "street rod" and "custom vehicle". The annual fee for these vehicles shall equal the fee charged for a personalized license plate ($15) plus regular registration fees. Owners of these types of vehicles must certify at the time of registration that the vehicles will be maintained for occasional transportation, exhibits, club activities, parades, tours, and similar uses and will not be used for general daily transportation. These vehicles are exempt from vehicle inspections and emission tests. License plates for these categories of vehicles shall bear the words "STREET ROD" or "CUSTOM VEHICLE". A street rod or custom vehicle may use blue dot tail lights for stop lamps, rear turning indicator lamps, rear hazard lamps, and rear reflectors. A "blue dot tail light" is a red lamp installed in the rear of the motor vehicle which contains a blue or purple insert that is not more than one inch in diameter. These provisions are similar to HB 598, SB 570 and HB 283(2003)(Section 301.132).

JUNKING CERTIFICATE - This act permits the Director of the Department of Revenue to issue junking certificates to owners of vehicles which are 26 years or older than the current model. The current law states that the vehicle must be a 1954 model year or older (Section 301.227).

OPTIMIST INTERNATIONAL LICENSE PLATE - This act allows for a special license plate for members of Optimist International. To obtain the special plate, individuals must obtain an emblem-use authorization statement from Optimist International ($25 contribution) and present it to the Department of Revenue along with a payment of a $15 fee in addition to the registration fee and any other documents required by law. No additional fee will be charged for the personalization of this license plate. Revenue from contributions will be used solely for the purposes of Optimist International (section 301.3131). This portion of the act is identical to HB 937 (2004). The provision is also contained in HB 1449 (2004).

BOY SCOUT PLATES - This act allows for special license plates designated for the Boy Scouts of America. To obtain these plates, a person must get an emblem-use authorization statement ($25 contribution). Persons wanting a "Boy Scouts of America" plate must get the authorization statement from any local district council in the state. The use authorization statement must be presented to the Department of Revenue at the time of registration along with a $15 fee in addition to the registration fee and other documents required by law. No additional fee will be charged for personalization of these plates. Revenue collected from authorization contributions, minus any reasonable administrative cost, will be used solely for the purposes of the respective organizations. This portion of this act is identical to HB 1317 (2004)(section 301.3139).

CAMP QUALITY LICENSE PLATES - This act allows persons who make a $25 contribution to Camp Quality of Missouri to receive license plates with that organization's insignia. Contributions received by the organization will be used for providing scholarships to children with cancer (sections 301.3144).

STATE TROOPERS EMERGENCY RELIEF SOCIETY - This act allows members of the Missouri Association of State Troopers Emergency Relief Society to obtain license plates bearing the organization's emblem. The Missouri Association of State Troopers Emergency Relief Society will authorize the use of its emblem after receiving a $25 emblem-use contribution fee. This fee must be used solely for the purposes of Missouri Association of State Troopers Emergency Relief Society. In addition to the $25 contribution, any applicant desiring this specialized license plate shall pay $15 in addition to regular registration fees. This provision is similar to SB 216 (2003)(Section 301.3130).

LEWIS AND CLARK LICENSE PLATE - This act allows motorists to obtain Lewis and Clark special license plates. After paying an annual contribution of $25 to the Missouri Travel Council, a $15 special license plate fee, and regular registration fees, a set of special license plates depicting the Lewis and Clark expedition will be issued. This portion of the act is identical to SB 1200 (section 301.3133).

SALVAGE VEHICLE - This act revises the definition of "salvage vehicle" to include any motor vehicle, semitrailer, or house trailer which has been damaged to the extent that the total cost of repairs to rebuild the vehicle to its condition immediately before it was damaged exceeds 75% of the fair market value of the vehicle prior to the damage. The total cost of repairs to rebuild or reconstruct the vehicle shall not include the cost or repairing, replacing, or reinstalling inflatable safety restraints, tires, sound systems or any sales tax for parts or materials to rebuild the vehicle (section 301.010). Under this act, every insurance company that pays a claim on a salvage vehicle in which the insured retains ownership thereof, shall notify the claimant that he or she must obtain a salvage certificate of ownership from the Department of Revenue (section 301.020). The act defines "fair market value". Salvage titles may be negotiable with one reassignment on the back of the title by registered dealers or insurance companies (section 301.217). This act is similar to SB 1262 and HB 1284 (2004).

STOLEN VEHICLES - SALVAGE DETERMINATION - This act allows insurance companies to obtain clean title without a salvage designation for stolen vehicles which has sustained not sustained damage to the extent that the vehicle would have been declared a salvage vehicle (75% threshold). If the insurance company determines that the stolen vehicle has not exceeded the damage threshold, then the insurance company may have the vehicle inspected by the highway patrol. After the stolen vehicle has been inspected and the insurance company returns any previously issued salvage certificate, the department of revenue will issue the company a certificate without the salvage designation (section 301.227).

INSURANCE COMPANIES/CLAIMS ADJUSTMENT - This act allows insurance companies who purchase a vehicle through the claims adjustment process for which the company is unable to obtain a negotiable title to apply for a salvage certificate of title (section 301.193).

TITLING PROCESS FOR CERTAIN VEHICLES - This act allows persons to apply for a motor vehicle title for reconstructed motor vehicles, 40 years old or older, having a value of $3,000 or less, without having to undergo a vehicle examination inspection by the highway patrol (section 301.190).

SALVAGE MOTOR VEHICLE DEALER LICENSE - This act requires salvage motor vehicle licenses to renewed biennially instead of annually and increases the annual fee from $65 to $130 for a biennial license (Section 301.219).

TRANSFER NOTICE - This act establishes a transfer notice procedure when one person sells or transfers an interest in a motor vehicle to another person. Under the terms of the act, the transferor must notify the department of revenue within 10 days of transferring the motor vehicle. The Department of Revenue will determine the notice's form. Transfers to and from motor vehicle dealers are exempt from the provisions of this act. The notice required by this act does not constitute an assignment or release of any interest in the vehicle. Retail sales including sales of new vehicles made by license dealers shall be reported pursuant to the monthly sales report law. Once the department of revenue receives the transfer notice, it shall make a notation in its records that the motor vehicle has been transferred. Until a new title is issued for the transferred motor vehicle, whenever the department is asked to provide the name of the owner of the motor vehicle as show in its records, or when the law requires the department to provide the name of the owner that appears on the title, the department shall provide the owner's name on the title and indicate that the records show a notification of transfer but do not show a title transfer. The department shall also provide the name of the transferee if available. If the department does not receive a title application from the named transferee within 60 days of receiving the transfer notice, the department shall notify the transferee to apply for title. A person will be guilty of a Class C misdemeanor if he knowingly submits false information on the transfer notice (Sections 301.196-301.198). The act provides that sellers of motor vehicles who fail to provide transfer notice shall be guilty of an infraction. These provisions are similar to ones contained in SS/SCS/HCS/HB 600 (2003). These provisions will not go into effect until January 1, 2006.

RECREATIONAL VEHICLE DEALER SHOWS - This act requires out of state recreational vehicle dealers to send written notification to the Department of Revenue when participating in vehicle shows in Missouri at least 30 days before such show. This provision can be found in SCS/HCS/HB 1288 (2004) (section 301.566).

TRANSFER ON DEATH AND MOTOR VEHICLES (PASS THROUGH) - This act allows beneficiaries to make one reassignment of title upon the death of the vehicle's owner to another owner without transferring the title (Section 301.681). The act allows outboard motor and vessel beneficiaries to do the same (Section 306.461).

OUTBOARD MOTOR BOATS - This act exempts certain outboard motors (older than 1960, used for exhibition and not used on the waterways) from the titling and registration laws (Section 306.530).

HEADLIGHTS IN THE RAIN - This act requires the use of headlights during certain weather conditions (Sections 307.020 and 307.040).

LEMON LAW REFUNDS - This act allows manufacturers that obtain title to a motor vehicle under the provisions of Missouri's lemon law to seek reimbursement equal to any amounts refunded to a consumer for any sales tax, license fees, registration fee, and title fees paid by the consumer (Section 407.567). In lieu of this, the manufacturer may direct the consumer to apply to the Department of Revenue for such reimbursement.

CAR RENTAL INSURANCE - This act modifies the law with respect to what constitutes deceptive and unfair trade practices with respect to car rental companies. The act modifies the definition of "authorized driver" as it applies to car rental contracts to exclude employers, parking valets, and family members other than a spouse. The act revises the written notice that must appear on every car rental contract regarding the purchase of optional insurance coverage and how the consumer's own auto insurance policy or credit card might already offer that protection. The act requires car rental companies to provide notice to the consumer in the form of a sign or brochure that informs the consumer about the availability of a collision damage waiver, any other optional car rental insurance, and a statement that the purchase of collision damage waiver is not required in order to rent a car. The act clarifies that a violation for deceptive and unfair practice must be done knowingly and intentionally. The act provides that a violation by a car company of the act shall lead to a $50 fine for each violation up to $100,000 in any calendar year. These provisions can be found in HB 1285 (sections 407.730 and 407.735).

LICENSE PLATE TABS - Beginning January 1, 2009, correctional enterprises will no longer erect and maintain tabs for the Department of Revenue (Section 301.290).

LICENSE PHOTOGRAPHS - This act requires driver's license to contain a facial photograph unless the person has a religious objection. If the person has a religious objection, the person shall provide proof to the department of revenue that he or she has been a U.S. citizen for a period of 5 years or more. The applicant must also have a picture taken for the department's records but the picture will not be printed on the person's license (section 302.181).

PASSING STOPPED SCHOOL BUSES - This act allows courts to suspend the driver's license of any person who passes a stopped school bus (section 304.070).

IMPLEMENTS OF HUSBANDRY - This act removes the width restriction on implements of husbandry (section 304.170).

STANDARDS FOR TOWING COMPANIES - This act provides that towing companies performing tows pursuant to section 304.155 (law enforcement requested tows) and 304.157 (nonconsensual private property tows) shall meet the following requirements:

(1) Have a verifiable business address or storefront;

(2) Have a fenced, secure and lighted storage lot or an enclosed, secure building for the storage of vehicles;

(3) Be available 24 hours a day, 7 days a week;

(4) Maintain an insurance policy or other form of security in the amount of $500,000 per incident;

(5) Provide worker's compensation on all of its employees, if required to do so by law; and

(6) Maintain current motor vehicle registrations on all the tow trucks within the towing company's fleet (section 304.154).

2nd, 3rd and 4th class counties are exempt from the towing standards section.

TOWER ONLINE ACCESS TO DOR RECORDS - This act modifies the towing statutes to allow towers to access department of revenue records when attempting to discover abandoned property owners (Sections 304.155.6 and 304.157).

EXPANSION OF COMMERCIAL ZONE - The act extends the Kansas City commercial zone south along U. S. Highway 71 and State Route 291 to and including the City of Harrisonville (Section 304.190).

ABANDONING A MOTOR VEHICLE - This act modifies the current criminal statute on abandoning a motor vehicle. Under this act, the last owner of record of a motor vehicle shall be deemed prima facie to have been the owner of the motor vehicle at the time of abandonment. The last owner of record shall not be deemed to have been the owner of the motor vehicle or to have been the person who abandoned the vehicle if the person has filed notice with the Department of Revenue pursuant to Section 301.196 that the person's interest in the motor vehicle has been transferred. The registered owner shall not be subject to the penalties of the statute if the motor vehicle was in the care, custody, or control of another person at the time of the violation. The owner can submit an affidavit naming the other person who was in control of the car. The affidavit shall raise a rebuttable presumption that the named person in the affidavit was in control of the vehicle. The court can then terminate the prosecution. If the vehicle is alleged to have been stolen, the owner shall submit a police report. Any person convicted of abandoning a motor vehicle shall be liable for all towing and storage charges and such liability shall remain even if the motor vehicle is sold pursuant a towing lien (section 577.080).

KANSAS CITY AND ABANDONED PROPERTY - This act allows Kansas City to adopt by ordinance regulations for the removal and sale of abandoned property by requiring: (1) The Department of Revenue to search the records to determine ownership of the abandoned property; (2) Notification to the owner by mail advising of the towing and impoundment; (3) Vehicles older than six years and more than 50% damaged by collision, fire, or decay that are valued at less than $200, be held at least 10 days before being sold to a licensed salvage or scrap business; and (4) All other vehicles be held at least 30 days before being sold. This act is similar to HCS/HB 1201 (2004) (SA 6)(section 304.156).

LAW ENFORCEMENT TOWS - This act authorizes a law enforcement officer to remove abandoned property abandoned on the right- of-way of an interstate highway in an urbanized area which is left unattended for 4 hours, instead of 10 hours, if the law enforcement officer determines that the abandoned property to be a serious hazard to other motorists. The act also authorizes a law enforcement officer to remove abandoned property abandoned on the right-of-way of an interstate highway outside of an urbanized area which is left unattended for 4 hours, instead of 48 hours, if the law enforcement officer determines that the abandoned property to be a serious hazard to other motorists (section 304.155).

STAGGERED REGISTRATION FOR COMMERCIAL MOTOR VEHICLES - Under current law, commercial motor vehicles are required to be registered on an annual basis. This act adds an option at the Missouri Highways and Transportation Commission's discretion to begin a one-year registration on the beginning date of a quarter. The act allows for registration periods greater than one year during the transition period. This act transfers the penalties that may be assessed to the applicable periods before each quarter so that there is no change in penalty enforcement. The act allows the issuance of a partial year registration for additions to a fleet as a convenience to the customer (so all registrations for one customer will expire at the same time). The act deletes a provision relating to prorated registration fees over the course of a year that will no longer be necessary since partial registrations will now be allowed for only such reasons as determined by the commission (subsection 5 of section 301.041). This act updates the plate display provision to change it from December 31 to the day before each quarter begins, as applicable. The act removes references to the Highway Reciprocity Commission and the Division of Motor Carrier and Railroad Safety and replaces those references with the commission (Sections 301.041, 390.136, 390.340, 308.283, and 622.095).

RAILROAD CROSSINGS - This act requires operators of commercial motor vehicles to operate their vehicles at a safe rate of speed which will permit the vehicle to be stopped before reaching the crossing and not drive over the crossing until due caution is taken to ascertain that the course is clear (section 304.035).

FIREFIGHTER MEMORIAL FOUNDATION LICENSE PLATE - This act allows member of fire protection districts and other firefighters to obtain a specialized plate (Section 301.444).

TRAFFIC SIGNAL PREEMPTION SYSTEMS - This act regulates the use of "Traffic Signal Preemption Systems" (TSPS). These devices are used to control traffic signals at intersections. Under the act, these devices may be used by:

(1) Emergency vehicle operators during an emergency;

(2) Authorized bus operators to maintain a longer green light; and

(3) An authorized operator in a traffic signal maintenance vehicle in order to facilitate traffic signal maintenance activities.

An unauthorized person using such a device shall be guilty of a Class B misdemeanor. This act is similar to SB 1146 (2004)(SA 7)(section 304.031). This act provides that no motor vehicle driver shall be convicted of any traffic violation if there is evidence that a TSPS has been used by a government official to improperly change the sequence of the traffic signals (SA 16).

ATVS - This act modifies the definition of ATVs and allows passengers to ride on ATVs if the seat of such vehicles are designed to carry more than one person (section 301.010). The ATV definition is modified by increasing the unladen dry weight of an ATV from 600 pounds to 1,000 pounds and by providing that an ATV may be a vehicle with a seat designed to carry more than one person. This provision was contained in SB 1088 (2004) and the Truly Agreed To version of HB 327 and HB 598 (2003)(SA 9).

FLASHING LIGHTS - This act allows commercial transport vehicles or railroad passenger cars that are stopped to load or unload passengers to use alternately flashing warning signals (Section 307.100). This provision is contained in SB 772 (2004)(SA 10).

LOW-SPEED VEHICLES - This act allows operators of low-speed vehicles to use public highways under certain conditions. According to federal regulations, a low- speed vehicle is a four-wheeled vehicle whose top speed is greater than 20 mph but less than 25 mph. All low-speed vehicles must be manufactured in compliance with the National Highway Traffic Safety Administration standards. A low-speed vehicle shall not be operated on a street or highway with a posted speed limit greater than 35 mph. A low-speed vehicle shall be exempt from inspection and emission testing, but must comply with the federal standards. Every operator of a low-speed vehicle shall maintain financial responsibility as required under Chapter 303, RSMo. Every operator of a low-speed vehicle must have a driver's license. City and counties may promulgate ordinances which are more stringent than this act. These provisions were contained SCS/SB 771 (2004) and in SB 594 and HB 327 (2003)(Section 304.029)(SA 11).

MOTOR VEHICLE EXTENDED SERVICE CONTRACTS - The act regulates the sale of motor vehicle extended service contracts for the repair, replacement or maintenance of motor vehicles. The act does not apply to warranties, maintenance agreements, commercial transactions and service contracts sold to non- consumers. The act requires those providing service under a motor vehicle extended service contract to demonstrate financial responsibility by insuring the service contracts under reimbursement insurance policies or by other means such as providing a surety bond. Service contract administrators are required to register with the Department of Insurance. The act provides for the requirements of a reimbursement policy for insuring a service contract. The act specifies the form and content of motor vehicle extended service contracts and requires contract administrators to maintain certain records. This act provides for civil penalties for violating the act and gives the Director of the Department of Insurance various powers to enforce the act's provisions. This act is based after the National Association of Insurance Commissioners (NAIC) Service Contracts Model Act. The provisions of the motor vehicle extended service contract act has an effective date of January 1, 2007 (Sections 407.1200 - 407.1227)(SA 12).

REGIONAL TAXICAB COMMISSION - This act allows the Regional Taxicab Commission to impose administrative penalties (not to exceed $200). The commission shall develop a schedule of penalties which shall be available to the public and taxicab drivers (sections 67.1800 and 67.1818)(SA 13). The act allows the commission to request criminal record reviews from the Highway Patrol. Prospective taxicab drivers shall submit 2 sets of fingerprints to the Highway Patrol for the purpose of checking the person's criminal history. The prospective or current driver shall pay all appropriate fees to have the criminal record background check conducted (Section 67.1819)(SA 13). This act allows the commission to require taxicabs operating under its jurisdiction to display special license plates (section 67.1808). The act establishes a taxicab plate and specifically allows the commission to confiscate the plates (section 67.1813) (SA 14).

NAACP LICENSE PLATE - This act allows members of the NAACP to obtain specialized license plates after making a $25 contribution to the NAACP (section 301.3074).

DELTA TAU DELTA LICENSE PLATE - This act allows members of Delta Tau Delta to obtain specialized license plates bearing their organization's insignia after paying an annual $25 emblem-use authorization fee (section 301.3143).

EMISSION INSPECTION EXEMPTION - This act provides that vehicles manufactured twenty-six years prior to the current model year are exempt from the emission inspection process (sections 307.366 and 643.315). This act is similar to SB 900 (2004) (SA 19).

MARCH OF DIMES LICENSE PLATE - This act allows motorists to obtain specialized license plates bearing the words "MARCH OF DIMES(section 301.3032).

FRAUD IN DRIVER'S LICENSE PROCESS - Under this act, a person who makes a false statement or affidavit to the Department of Revenue when obtaining a driver's license shall be guilty of a class A misdemeanor. A person who commits or assists another individual in committing fraud during a driver's license examination or otherwise commits fraud in an application for a driver's license, instruction permit or commercial driver's license shall be guilty of a class A misdemeanor (sections 302.230 and 302.233). Persons who commit or assist others in committing fraud during driver's license examinations shall have los their driving privileges for a period of one year. These sections have an emergency clause.

HIGHWAYS AND TRANSPORTATION COMMISSION - This act provides that two members of the Highways and Transportation Commission, one from each opposing political party, who have the most seniority in commission service will be elected by the commission, one to serve as chair and the other as vice chair. Effective March 1, 2005, the commission will then elect for a one-year term a chair and vice chair from the two members, one from each opposing political party, who have the most seniority in commission service. At the end of the one- year term, the chair and vice chair will switch their positions. Thereafter, the commission leadership will continue to rotate accordingly. Any member reappointed will only be eligible to serve as chair or vice-chair during the final two years of the member's reappointment. The act contains provisions for filling vacancies due to removal, death, refusal to serve, or resignation (section 226.030). This provision is contained in HB 946 et al (2004).

CHIEF COUNSEL OF MODOT - This act places the chief counsel of the Missouri Department of Transportation under the control of the director rather than the commission. The commission may still seek legal opinions and advice from the chief counsel and his staff (Section 226.060).

EXERCISE OF EMINENT DOMAIN BY TRANSPORTATION COMMISSION - Under this act, whenever the commission exercises eminent domain, the court, jury and commissioners shall consider the restriction of or loss of access to any adjacent highway as an element in assessing damages (Section 227.120).

COMMISSION AND BURDEN OF PROOF - Under this act, the state highways and transportation commission shall have the burden of proof of proving that a violation of chapter 622 or regulations promulgated thereunder has occurred. Under the current law, a motor carrier or other party bears the burden of proof (Section 622.350)(HA 9).

PASS THROUGH TITLE - This act allows a beneficiary who receive a motor vehicle or an outboard motor or vessel pursuant to a transfer on death instrument to make one reassignment of the original certificate of ownership upon the death of the owner to another owner without transferring the certificate to the beneficiary's name.

MANUFACTURED HOMES - This act allows owners of manufactured homes who own the home as joint tenants with the right of survivorship or as tenants by the entirety to receive a certificate of ownership in beneficiary form from the Director of the Department of Revenue. The beneficiary form shall include a directive to the Director of Revenue to transfer the certificate of ownership on the death of the owner or owners. The directive shall also permit the beneficiary to make one reassignment of the original certificate of ownership upon the death of the owner to another owner without transferring the certificate to the beneficiary's name.

A certificate of ownership in beneficiary form may not be issued to persons who hold their interest in a manufactured home as tenants in common. During the lifetime of the owners, the signature or consent of the beneficiary shall not be required for transactions relating to the manufactured home. The owner may revoke the certificate of ownership or change beneficiaries before the owner's death under certain conditions (Sale of ownership in home with proper assignment of certificate or reissuance of certificate or redesignation of beneficiary with the Director). A beneficiary's interest in the home shall be subject to security interests which the owner accrued during his or her lifetime. A beneficiary's interest in a certificate of ownership may not be changed or revoked by will or other instruments. The Director shall issue a new certificate of ownership to the surviving owners or beneficiaries upon proof of death. These provisions are similar to SB 983 (Section 1).
STEPHEN WITTE