hb1698i_6.ps
SECOND REGULAR SESSION
HOUSE BILL NO. 1698
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES GUEST (Sponsor), SUTHERLAND, YATES, MAY, WHORTON,
CUNNINGHAM (86), WILSON (119) AND DAVIS (122) (Co-sponsors).
Read 1st time March 30, 2004, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
4857L.01I
AN ACT
To repeal sections 302.060 and 302.171, RSMo, and to enact in lieu thereof three new sections
relating to drivers' licenses, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 302.060 and 302.171, RSMo, are repealed and three new sections
enacted in lieu thereof, to be known as sections 302.060, 302.062, and 302.171, to read as
follows:
302.060. The director shall not issue any license and shall immediately deny any driving
privilege:
(1) To any person who is under the age of eighteen years, if such person operates a motor
vehicle in the transportation of persons or property as classified in section 302.015;
(2) To any person who is under the age of sixteen years, or to any person who is under
eighteen years of age who fails to meet the qualifications of section 302.062, except as
[hereinafter] provided by this section;
(3) To any person whose license has been suspended, during such suspension, or to any
person whose license has been revoked, until the expiration of one year after such license was
revoked;
(4) To any person who is an habitual drunkard or is addicted to the use of narcotic drugs;
(5) To any person who has previously been adjudged to be incapacitated and who at the
time of application has not been restored to partial capacity;
(6) To any person who, when required by this law to take an examination, has failed to
pass such examination;
(7) To any person who has an unsatisfied judgment against such person, as defined in
chapter 303, RSMo, until such judgment has been satisfied or the financial responsibility of such
person, as defined in section 303.120, RSMo, has been established;
(8) To any person whose application shows that the person has been convicted within
one year prior to such application of violating the laws of this state relating to failure to stop after
an accident and to disclose the person's identity or driving a motor vehicle without the owner's
consent;
(9) To any person who has been convicted more than twice of violating state law, or a
county or municipal ordinance where the judge in such cases was an attorney and the defendant
was represented by or waived the right to an attorney in writing, relating to driving while
intoxicated; except that, after the expiration of ten years from the date of conviction of the last
offense of violating such law or ordinance relating to driving while intoxicated, a person who
was so convicted may petition the circuit court of the county in which such last conviction was
rendered and the court shall review the person's habits and conduct since such conviction. If the
court finds that the petitioner has not been convicted of any offense related to alcohol, controlled
substances or drugs during the preceding ten years and that the petitioner's habits and conduct
show such petitioner to no longer pose a threat to the public safety of this state, the court may
order the director to issue a license to the petitioner if the petitioner is otherwise qualified
pursuant to the provisions of sections 302.010 to 302.540. No person may obtain a license
pursuant to the provisions of this subdivision through court action more than one time;
(10) To any person who has been convicted twice within a five-year period of violating
state law, or a county or municipal ordinance where the judge in such cases was an attorney and
the defendant was represented by or waived the right to an attorney in writing, of driving while
intoxicated, or who has been convicted of the crime of involuntary manslaughter while operating
a motor vehicle in an intoxicated condition. The director shall not issue a license to such person
for five years from the date such person was convicted for involuntary manslaughter while
operating a motor vehicle in an intoxicated condition or for driving while intoxicated for the
second time. Any person who has been denied a license for two convictions of driving while
intoxicated prior to July 27, 1989, shall have the person's license issued, upon application, unless
the two convictions occurred within a five-year period, in which case, no license shall be issued
to the person for five years from the date of the second conviction;
(11) To any person who is otherwise disqualified pursuant to the provisions of sections
302.010 to 302.780, chapter 303, RSMo, or section 544.046, RSMo;
(12) To any person who is under the age of eighteen years, if such person's parents or
legal guardians file a certified document with the department of revenue stating that the director
shall not issue such person a driver's license. Each document filed by the person's parents or
legal guardians shall be made upon a form furnished by the director and shall include identifying
information of the person for whom the parents or legal guardians are denying the driver's
license. The document shall also contain identifying information of the person's parents or legal
guardians. The document shall be certified by the parents or legal guardians to be true and
correct. This provision shall not apply to any person who is legally emancipated. The parents
or legal guardians may later file an additional document with the department of revenue which
reinstates the person's ability to receive a driver's license.
302.062. 1. In addition to the requirements of section 302.171, the director shall
require any applicant for an operator's license or a temporary permit issued pursuant to
section 302.130 who is fifteen to seventeen years of age to present a certificate issued to
such person from an accredited public or any private, parochial, home, or parish high
school in this state or any other state, documenting that the applicant:
(1) Is currently enrolled as a high school student in this state or any other state;
(2) Has an attendance rate of eighty-five percent or higher for the previous school
year; and
(3) Has earned a minimum cumulative grade point average equal to or above 1.75
on a 4.0 scale; or
(4) Is making satisfactory progress in accordance with school district policy in an
alternative curriculum designed by the state board of education which places an emphasis
on vocational education and job training for students who are at risk of not completing the
required curriculum; or
(5) Is enrolled and progressing in accordance with school district policy in a full
course at the applicant's level in a special education program for the handicapped
approved by the department of elementary and secondary education which though
ungraded, enrolls pupils of equivalent age.
2. The superintendent of schools, or in the case of nonpublic schools, the chief
administrative official, or in the case of a home school, the parent, shall provide
verification of enrollment status on a form provided by the department of revenue to any
student fifteen to seventeen years of age upon request for presentation to the department
of revenue on application for or reinstatement of an operator's license or temporary
permit. Such verification of enrollment status shall include: the student's name, date of
birth, address, the date of the verification, and signature of the superintendent, the chief
administrative official, or the parent, which verifies that the student is enrolled in one of
the programs listed in subsection 1 of this section. Whenever a student between the age of
fifteen to seventeen years of age withdraws from school, or whenever a student between
such ages fails to maintain a grade point average of 2.0 or higher or who fails to attend
school at a rate of eighty-five percent, except as provided in subsection 4 of this section, the
superintendent, or in the case of nonpublic schools, the chief administrative official, shall
notify the department of revenue within thirty days of such withdrawal or failure to
maintain satisfactory academic progress. If a child fifteen to seventeen years of age
withdraws from a home school program, the parent shall notify the department of revenue
within thirty days of such withdrawal. Within five days of the receipt of such notice, the
department of revenue shall send notice to the licensee that the license will be suspended
on the thirtieth day after notice is mailed to the licensee by the department, unless the
licensee sends documentation of compliance with the provisions of this section to the
department within the thirty-day period. The department may charge a reinstatement fee
in accordance with the provisions of section 302.304.
3. For the purposes of this section, the term "withdrawal" means the student is no
longer enrolled in school or has ten or more consecutive or fifteen total days of unexcused
absences in a single semester or means missing five or more consecutive sessions in a course
leading to a certificate of high school equivalence due to unexcused absences. The
determination of unexcused absences shall be made by the superintendent or chief
administrative official of the school or the parent in the case of a home school. For
purposes of this section, a student who fails to maintain a cumulative grade point average
equal to or above 2.0 on a 4.0 scale based on end of semester grading may not be
considered as being in compliance with this section until such student raises his or her
cumulative grade point average to 2.0 or above at the conclusion of any subsequent grading
period.
4. Any person who is an emancipated minor, as defined in section 302.171, who
does not meet the qualifications prescribed by subsection 1 of this section may request the
school board of the school district in which such person resides to grant a waiver from the
requirements of this section and such waiver shall be granted if the school board
determines that having a license to operate a motor vehicle is in the best interests of that
person. In addition, any person who withdraws from school and earns a GED may request
a waiver from the requirements of this section.
5. Any person who knowingly submits false information to the department
pursuant to the provisions of this section is guilty of a class C misdemeanor.
302.171. 1. Application for a license shall be made upon an approved form furnished
by the director. Every application shall state the full name, Social Security number, age, height,
weight, color of eyes, sex, residence, mailing address of the applicant, and the classification for
which the applicant has been licensed, and, if so, when and by what state, and whether or not
such license has ever been suspended, revoked, or disqualified, and, if revoked, suspended or
disqualified, the date and reason for such suspension, revocation or disqualification and whether
the applicant is making a one dollar donation to promote an organ donation program as
prescribed in subsection 2 of this section. The application shall also contain such information
as the director may require to enable the director to determine the applicant's qualification for
driving a motor vehicle; and shall state whether or not the applicant has been convicted in this
or any other state for violating the laws of this or any other state or any ordinance of any
municipality, relating to driving without a license, careless driving, or driving while intoxicated,
or failing to stop after an accident and disclosing the applicant's identity, or driving a motor
vehicle without the owner's consent. The application shall contain a certification by the applicant
as to the truth of the facts stated therein. Every person who applies for a license to operate a
motor vehicle who is less than twenty-one years of age shall be provided with educational
materials relating to the hazards of driving while intoxicated, including information on penalties
imposed by law for violation of the intoxication-related offenses of the state. Beginning January
1, 2001, if the applicant is less than eighteen years of age, the applicant must comply with all
requirements for the issuance of an intermediate driver's license pursuant to section 302.178.
2. An applicant for a license may make a donation of one dollar to promote an organ
donor program. The director of revenue shall collect the donations and deposit all such
donations in the state treasury to the credit of the organ donor program fund established in
sections 194.297 to 194.304, RSMo. Moneys in the organ donor program fund shall be used
solely for the purposes established in sections 194.297 to 194.304, RSMo, except that the
department of revenue shall retain no more than one percent for its administrative costs. The
donation prescribed in this subsection is voluntary and may be refused by the applicant for the
license at the time of issuance or renewal of the license. The director shall make available an
informational booklet or other informational sources on the importance of organ donations to
applicants for licensure as designed by the organ donation advisory committee established in
sections 194.297 to 194.304, RSMo. The director shall inquire of each applicant at the time the
licensee presents the completed application to the director whether the applicant is interested in
making the one dollar donation prescribed in this subsection and whether the applicant is
interested in inclusion in the organ donor registry and shall also specifically inform the licensee
of the ability to consent to organ donation by completing the form on the reverse of the license
that the applicant will receive in the manner prescribed by subsection 6 of section 194.240,
RSMo. The director shall notify the department of health and senior services of information
obtained from applicants who indicate to the director that they are interested in registry
participation, and the department of health and senior services shall enter the complete name,
address, date of birth, race, gender and a unique personal identifier in the registry established in
subsection 1 of section 194.304, RSMo.
3. An applicant for a license may make a donation of one dollar to promote a blindness
education, screening and treatment program. The director of revenue shall collect the donations
and deposit all such donations in the state treasury to the credit of the blindness education,
screening and treatment program fund established in section 192.935, RSMo. Moneys in the
blindness education, screening and treatment program fund shall be used solely for the purposes
established in section 192.935, RSMo, except that the department of revenue shall retain no more
than one percent for its administrative costs. The donation prescribed in this subsection is
voluntary and may be refused by the applicant for the license at the time of issuance or renewal
of the license. The director shall inquire of each applicant at the time the licensee presents the
completed application to the director whether the applicant is interested in making the one dollar
donation prescribed in this subsection.
4. An applicant who is less than eighteen years of age and is not an emancipated
minor shall meet the requirements of section 302.062 in order to receive a license issued
pursuant to this chapter. As used in this section, the term "emancipated minor" is a
person who is at least sixteen years of age, but less than eighteen years of age, who marries,
enters active duty in the armed forces, or who the custodial parent or legal guardian has
relinquished from parental control by express or implied consent, and who through
employment or other means provides for such person's own food, shelter, and other cost-of-living expenses.