SECOND REGULAR SESSION

HOUSE BILL NO. 908

88TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES THOMASON (163), ROSS, MURRAY (69) (Cosponsors),

MARSHALL (26), MAY (108), KELLEY (47) AND FIEBELMAN .

Pre-filed December 20, 1995 and 1000 copies ordered printed.

DOUGLAS W. BURNETT, Chief Clerk

L2070.02I

AN ACT

To repeal sections 303.024, 303.025, 303.026, 303.030, 303.042, 303.043, 303.140, 303.290, 303.370 and 379.203, RSMo 1994, relating to motor vehicles, and to enact in lieu thereof ten new sections relating to the same subject, with penalty provisions.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Sections 303.024, 303.025, 303.026, 303.030, 303.042, 303.043, 303.140, 303.290, 303.370 and 379.203, RSMo 1994, are repealed and ten new sections enacted in lieu thereof, to be known as sections 303.024, 303.025, 303.026, 303.030, 303.042, 303.043, 303.140, 303.290, 303.370 and 379.203, to read as follows:

303.024. 1. Each insurer issuing motor vehicle liability policies in this state, or an agent of the insurer, shall furnish an insurance identification card to the named insured for each motor vehicle insured by a motor vehicle liability policy that complies with the requirements of [sections 303.010 to 303.050, 303.060, 303.140, 303.220, 303.290, 303.330 and 303.370] this chapter.

2. The insurance identification card shall include all of the following information:

(1) The name and address of the insurer;

(2) The name of the named insured;

(3) The policy number;

(4) The effective dates of the policy, including month, day and year;

(5) A description of the insured motor vehicle, including year and make or at least five digits of the vehicle identification number or the word "Fleet" if the insurance policy covers five or more motor vehicles;

(6) The statement "THIS CARD MUST BE CARRIED IN THE INSURED MOTOR VEHICLE FOR PRODUCTION UPON DEMAND" prominently displayed on the card.

3. A new insurance identification card shall be issued when the insured motor vehicle is changed, when an additional motor vehicle is insured, and when a new policy number is assigned. A replacement insurance identification card shall be issued at the request of the insured in the event of loss of the original insurance identification card.

4. The director shall furnish each selfinsurer, as provided for in section 303.220, an insurance identification card for each motor vehicle so insured. The insurance identification card shall include all of the following information:

(1) Name of the selfinsurer;

(2) The word "selfinsured";

(3) The statement "THIS CARD MUST BE CARRIED IN THE SELFINSURED MOTOR VEHICLE FOR PRODUCTION UPON DEMAND" prominently displayed on the card.

5. An insurance identification card shall be carried in the insured motor vehicle at all times. [The operator of an insured motor vehicle shall exhibit the insurance identification card on the demand of] Any peace officer who lawfully stops [such] an operator of a motor vehicle while that officer is engaged in the performance of the duties of [his] the officer's office shall request that such operator present the insurance identification card to the peace officer, and such operator shall present the card immediately upon such request. If the operator fails to [exhibit] present an insurance identification card, the officer shall notify the director of revenue, in the manner determined by the director. A motor vehicle liability insurance policy, a motor vehicle liability insurance binder, or receipt which contains the policy information required in subsection 2 of this section, shall be satisfactory evidence of insurance in lieu of an insurance identification card. Any person who violates this section is guilty of a class A misdemeanor and the court shall assess a fine against the operator for a violation of this subsection an amount of one hundred dollars for the first violation, two hundred fifty dollars for the second violation and five hundred dollars for the third and each subsequent violation. Notwithstanding the provisions of section 557.011, RSMo, to the contrary, no court shall suspend the imposition of a sentence for a violation of this section or suspend the execution of any sentence imposed for a violation of this section. If the operator is unable to pay the fine required by this section, the judge may imprison such person in lieu of such fine, thirty days for each one hundred dollars owed. The penalties provided by this section shall be in addition to any administrative suspensions of the operator's drivers' license or vehicle registrations and any reinstatement fees for such suspensions. No fine shall be assessed if the operator provides the court with proof that on the date which the operator did not provide the card or other proof required by this subsection for the motor vehicle being operated to the peace officer, the operator in fact was in compliance with the financial responsibility requirements of this chapter with respect to such motor vehicle. The penalties assessed pursuant to this subsection shall be deposited in the school moneys fund to be distributed to the various school districts located wholly or partially within the county in which the operator was lawfully stopped.

303.025. 1. No owner of a motor vehicle registered in this state, or required to be registered in this state, shall operate the vehicle, or authorize any other person to operate the vehicle, unless the owner maintains the financial responsibility as required in this section. Furthermore, no person shall operate a motor vehicle owned by another with the knowledge that the owner has not maintained financial responsibility unless such person has financial responsibility which covers [his] the person's operation of the other's vehicle. Any person who violates this section is guilty of a class C misdemeanor and the court shall assess and impose, at a minimum, a fine of one hundred dollars for the first offense, two hundred fifty dollars for the second offense and five hundred dollars for the third and any subsequent offense. Notwithstanding the provisions of section 557.011, RSMo, to the contrary, no court shall suspend the imposition of a sentence for a violation of this section or suspend the execution of any sentence imposed for a violation of this section. If the operator or owner is unable to pay the fine required by this section, the judge may imprison such person in lieu of such fine, thirty days for each one hundred dollars owed. The penalties provided by this section shall be in addition to any administrative suspensions of the operator's or owner's drivers' license or vehicle registrations and any reinstatement fees for such suspensions. No penalty for a violation of this section shall be assessed or imposed if the operator or the owner provides the court with evidence that on the date the owner or operator was charged with violating this section, the operator or the owner in fact was in compliance with the financial responsibility requirements of this chapter with respect to such motor vehicle. Notwithstanding any provision of law to the contrary, no city, town or village in this state shall adopt or enforce any order or ordinance regulating motor vehicle financial responsibility which imposes any penalty exceeding those prescribed by this section.

2. A motor vehicle owner shall maintain [his] the owner's financial responsibility in a manner provided for in section 303.160, or with a motor vehicle liability policy which conforms to the requirements of the laws of this state.

3. Nothing in sections 303.010 to 303.050, 303.060, 303.140, 303.220, 303.290, 303.330 and 303.370 shall be construed as prohibiting the department of insurance from approving or authorizing those exclusions and limitations which are contained in automobile liability insurance policies and the uninsured motorist provisions of automobile liability insurance policies.

303.026. 1. The director shall inform each owner who registers a motor vehicle of the following:

(1) The existence of the requirement that every motor vehicle owner in the state maintain [his] financial responsibility;

(2) The existence of the requirement that every motor vehicle owner provide proof of financial responsibility at the time of registering a vehicle by presenting:

(a) An insurance identification card or a copy thereof;

(b) An insurance policy, certificate of insurance, insurance binder or a copy thereof;

(c) Written certification from an insurance company, insurance agent or insurance broker confirming that the motor vehicle owner maintains financial responsibility of such vehicle at the time of registration;

(d) A certificate of deposit of money or securities as provided in section 303.240; or

(e) A certificate of self-insurance as provided in section 303.220;

[(2)] (3) The penalties which apply to violations of the requirement to maintain financial responsibility;

[(3)] (4) The benefits of maintaining coverages in excess of those which are required;

[(4)] (5) The director's authority to conduct samples of Missouri motor vehicle owners to insure compliance.

2. No motor vehicle owner shall be issued registration for a vehicle unless the owner, or [his] the owner's authorized agent, signs a statement provided by the director of revenue at the time of registration of the vehicle certifying that such owner has and will maintain, during the period of registration, financial responsibility with respect to each motor vehicle that is owned, licensed or operated on the streets or highways[.], and, unless such owner registers the owner's vehicle in conjunction with a reciprocity agreement entered into by the Missouri highway reciprocity commission pursuant to sections 301.271 to 301.279, RSMo, at the time of registration presents:

(1) An insurance identification card or a copy thereof;

(2) An insurance policy, certificate of insurance, insurance binder or copy thereof;

(3) Written certification from an insurance company, insurance agent or insurance broker confirming that the motor vehicle owner maintains financial responsibility of such vehicle at the time of registration;

(4) A certificate of deposit of money or securities as provided in section 303.240;

(5) A certificate of self-insurance as provided in section 303.240; or

(6) Some other proof of financial responsibility in the form prescribed by the director of revenue.

3. The director shall annually select for financial responsibility verification, a sample of the motor vehicle registrations or licenses which is statistically significant or one percent, whichever is greater to determine the number of insured motorists in the state of Missouri, [or] to [insure] ensure compliance. The director may utilize a variety of sampling techniques including but not limited to the processing of uniform traffic tickets, point system warning letters, and random surveys of motor vehicle registrations.

4. Upon determination that the information provided by the owner or authorized agent is inaccurate, the director shall notify the owner of the need to provide, within thirty days, information establishing the existence of the required financial responsibility as of the date of such notice. Failure to provide such information shall result in the suspension of all registrations of the owner's motor vehicles failing to meet such requirements, as is provided in section 303.041.

303.030. 1. If within twenty days after the receipt of a report of a motor vehicle accident within this state which has resulted in bodily injury or death, or damage to the property of any one person in excess of five hundred dollars, the director does not have on file evidence satisfactory to [him] the director that the person who would otherwise be required to file security under subsection 2 of this section has been released from liability, or has been finally adjudicated not to be liable, or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, the director shall determine the amount of security which shall be sufficient in [his] the director's judgment to satisfy any judgment for damages resulting from such accident as may be recovered against each operator or owner.

2. The director shall, within ninety days after the receipt of such report of a motor vehicle accident, suspend the license of each operator, and all registrations of each owner of a motor vehicle, in any manner involved in such accident, and if such operator is a nonresident the privilege of operating a motor vehicle within this state, and if such owner is a nonresident the privilege of the use within this state of any motor vehicle owned by [him] the owner, unless such operator or owner or both shall deposit security in the sum so determined by the director; provided notice of such suspension shall be sent by the director to such operator and owner not less than ten days prior to the effective date of such suspension and shall state the amount required as security; provided, however, that the period of suspension provided for in this section shall be in addition to any period of suspension imposed under sections 303.041 and 303.042.

3. Where erroneous information is given the director with respect to the matters set forth in subdivision (1), (2) or (3) of subsection 4 of this section, [he] the director shall take appropriate action as [hereinbefore] provided in subsections 1 and 2 of this section, within fortyfive days after receipt by [him] the director of correct information with respect to [said] such matters.

4. This section shall not apply under the conditions stated in section 303.070[, nor]:

(1) To such operator or owner if such owner had in effect at the time of such accident an automobile liability policy with respect to the motor vehicle involved in such accident;

(2) To such operator, if not the owner of such motor vehicle, if there was in effect at the time of such accident an automobile liability policy or bond with respect to [his] the operator's operation of motor vehicles not owned by [him] the operator;

(3) To such operator or owner if the liability of such operator or owner for damages resulting from such accident is, in the judgment of the director, covered by any other form of liability insurance policy or bond; [nor] or

(4) To any person qualifying as a selfinsurer under section 303.220, [nor] or to any person operating a motor vehicle for such selfinsurer.

5. No such policy or bond shall be effective under this section unless issued by an insurance company or surety company authorized to do business in this state, except that if such motor vehicle was not registered in this state, or was a motor vehicle which was registered elsewhere than in this state at the effective date of the policy or bond, or the most recent renewal thereof, such policy or bond shall not be effective under this section unless the insurance company or surety company, if not authorized to do business in this state, shall execute a power of attorney authorizing the director to accept service on its behalf of notice or process in any action upon such policy or bond arising out of such accident; provided, however, every such policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than twentyfive thousand dollars because of bodily injury to or death of one person in any one accident and, subject to [said] such limit for one person, to a limit of not less than fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and, if the accident has resulted in injury to or destruction of property, to a limit of not less than ten thousand dollars because of injury to or destruction of property of others in any one accident.

303.042. 1. The suspension shall become effective thirty days after the subject person is deemed to have received the notice of suspension by certified mail as provided in section 303.041. If the request for a hearing is received by the department prior to the effective date of the suspension, the effective date of the suspension [will] shall be stayed until a final order is issued following the hearing; however, any delay in the hearing which is caused or requested by the subject person or counsel representing that person without good cause shown shall not result in a stay of the suspension during the period of delay.

2. Except as provided in subsection 3 of this section, the period of suspension [under this] pursuant to section 303.041 shall be as follows:

(1) If the person's driving record shows no prior failure to maintain the required financial responsibility as provided for in section 303.025, the period of suspension shall be sixty days after the effective date of suspension;

(2) If the person's record shows one prior suspension for failure to maintain the required financial responsibility as provided for in section 303.025, the period of suspension shall be one year after the effective date of suspension;

(3) If the person's driving record shows two or more prior suspensions for failure to maintain the required financial responsibility as provided for in section 303.025, the period of suspension shall be two years after the effective date of suspension. The director shall not reduce any period of suspension provided for in this subsection.

3. In the event such person is also subject to suspension pursuant to section 303.030 for damages or injuries arising out of a motor vehicle accident, such person's license to operate a motor vehicle shall be suspended until such person deposits security, is released from liability, is finally adjudicated not to be liable or executes an agreement providing for payment with respect to all injuries or damages resulting from the accident provided for in subsection 1 or 2 of section 303.030. In addition, no such person shall be eligible for reinstatement of any license to operate a motor vehicle until proof of financial responsibility is filed with the department in accordance with this chapter.

4. In the event that proof of financial responsibility has not been filed with the department of revenue in accordance with this chapter prior to the end of the period of suspension provided in subsection 2 or 3 of this section, such period of suspension shall be extended until such proof of financial responsibility has been filed. In no event shall filing proof of financial responsibility reduce any period of suspension.

303.043. Whenever a suspension is imposed under section 303.041, the following reinstatement fees shall be paid prior to the end of the period of suspension provided in subsection 2 or 3 of section 303.042, and in the event such reinstatement fees are not paid the period of suspension shall be extended until such fees have been paid:

(1) If the person's driving record shows no prior failure to maintain the required financial responsibility as provided for in section 303.025, the reinstatement fee shall be two hundred dollars;

(2) If the person's driving record shows one prior suspension for failure to maintain the required financial responsibility as provided for in section 303.025, the reinstatement fee shall be four hundred dollars;

(3) If the person's driving record shows two or more prior suspensions for failure to maintain the required financial responsibility as provided for in section 303.025, the reinstatement fee shall be eight hundred dollars[.];

(4) If the person's license to operate a motor vehicle was suspended for a period prescribed in subsection 3 of section 303.042, the reinstatement fee shall be one thousand dollars.

303.140. [The license and registration and nonresident's operating privilege suspended as provided in section 303.030 shall remain suspended and shall not be renewed nor shall a license or registration be issued to the person until:

(1) The person deposits, or there is deposited on his behalf, the security required under section 303.030; or

(2) One year has elapsed following the date of the suspension, and no claimant has filed notice, supported by a copy of the petition bearing the court file number, that he has commenced an action in a court of record, begun not later than one year after the date of such accident, arising out of the accident on which the suspension is based; or

(3) Evidence satisfactory to the director is filed with him of a release from liability, or a final adjudication of nonliability, or a duly acknowledged written agreement, in accordance with subdivision (3) of section 303.070; but] If there is any default in the payment of any installment under any duly acknowledged written agreement, then, upon notice of the default, the director shall forthwith suspend the license and registration or nonresident's operating privilege of the person defaulting which shall not be restored unless and until:

[(a)] (1) The person deposits and thereafter maintains security as required under section 303.030 in the amount that the director then determines or files another duly acknowledged written installment agreement, or files a final adjudication of nonliability, or files a release from liability; or

[(b) One year has] (2) Five years have elapsed following the date [when the security was required] of the accident and during that period no action [upon the agreement] has been instituted in a court of this state against such person for a violation of this chapter.

303.290. 1. The director of revenue shall administer and enforce the provisions of this chapter and may make rules and regulations necessary for its administration and shall provide for hearings upon request of persons aggrieved by orders or acts of the director [under] pursuant to the provisions of this chapter. Upon receipt of a request for an administrative hearing the director of revenue shall reach a final decision including findings of fact and conclusions of law within [ninety] one hundred twenty days of the date the hearing is held.

2. Any decision, finding or order of the director, [under] pursuant to the provisions of this chapter shall be subject to review by appeal to the circuit court of the county of the residence of the licensee, at the instance of any party in interest, in the manner provided by chapter 536, RSMo, at any time within thirty days after notice is given the licensee of such decision, finding or order. Upon such appeal the cause shall be heard de novo and the circuit court may determine the reasonableness of the director's decision, finding or order, and in disposing of the issues before it may modify, affirm, or reverse the decision, finding or order in whole or in part. Appeals from the judgment of the circuit court may be taken as in civil cases. The prosecuting attorney of the county where such appeal is taken shall appear in behalf of the director, and prosecute or defend as the case may require.

303.370. 1. Failure to report an accident as required in section 303.040 shall be punished by a fine not in excess of five hundred dollars, and in the event of injury or damage to the person or property of another in such accident, the director shall suspend the license of the person failing to make such report, or the nonresident's operating privilege of such person, until such report has been filed or for no more than one year, provided all other requirements for reinstatement have been met and for such further period not to exceed thirty days as the director may fix.

2. Any person who gives information required in report or otherwise as provided for in section 303.040 knowing or having reason to believe that it is forged or signed without authority, shall be fined not more than one thousand dollars or imprisoned for not more than one year, or both.

3. Any person whose license or registration or nonresident's operating privilege has been suspended or revoked [under] pursuant to this chapter and who, during such suspension or revocation drives any motor vehicle upon any highway or knowingly permits any motor vehicle owned by such person to be operated by another upon any highway, except as permitted under this chapter, shall be [fined not more than five hundred dollars or imprisoned not exceeding six months, or both.] guilty of a class A misdemeanor. No court shall suspend the imposition of sentence as to such a person nor sentence such person to pay a fine in lieu of a term of imprisonment, nor shall such person be eligible for parole or probation until the person has served a minimum of thirty days, unless as a condition of such parole or probation such person performs at least ten days involving at least one hundred hours of community service under the supervision of the court in those jurisdictions which have a recognized program for community service.

4. Any person willfully failing to return [his] the person's license or registration as required in section 303.330 shall be fined not more than five hundred dollars or imprisoned not to exceed thirty days, or both.

5. Any person who [shall violate] violates any provision of this chapter for which no penalty is otherwise provided shall be fined not more than five hundred dollars or imprisoned not more than ninety days, or both.

379.203. 1. Except as otherwise provided in this section, no automobile liability insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto, or in the case of any commercial motor vehicle, as defined in section 301.010, RSMo, any employer having a fleet of five or more passenger vehicles, such coverage is offered therein or supplemental thereto, in not less than the limits for bodily injury or death set forth in section 303.030, RSMo, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death, resulting therefrom. Such legal entitlement exists although the identity of the owner or operator of the motor vehicle cannot be established because such owner or operator and the motor vehicle departed the scene of the occurrence occasioning such bodily injury, sickness or disease, including death, before identification. It also exists whether or not physical contact was made between the uninsured motor vehicle and the insured or the insured's motor vehicle. Provisions affording such insurance protection against uninsured motorists issued in this state prior to October 13, 1967, shall, when afforded by any authorized insurer, be deemed, subject to the limits prescribed in this section, to satisfy the requirements of this section. No automobile liability policy covering historic motor vehicles registered under section 301.131, RSMo, shall include the protection against uninsured motorists prescribed in this section as a part of the liability coverage in the policy; however, such uninsured motorist coverage may be offered supplemental to the liability coverage.

2. For the purpose of this coverage, the term "uninsured motor vehicle" shall, subject to the terms and conditions of such coverage, be deemed to include an insured motor vehicle where the liability insurer thereof is unable to make payment with respect to the legal liability of its insured within the limits specified herein because of insolvency.

3. An insurer's insolvency protection shall be applicable only to accidents occurring during a policy period in which its insured's uninsured motorist coverage is in effect where the liability insurer of the tortfeasor becomes insolvent within two years after such an accident. Nothing [herein] contained in this section shall be construed to prevent any insurer from affording insolvency protection under terms and conditions more favorable to its insureds than is provided [hereunder] in this section.

4. In the event of payment to any person under the coverage required by this section, and subject to the terms and conditions of such coverage, the insurer making such payment shall, to the extent thereof, be entitled to the proceeds of any settlement or judgment resulting from the exercise of any rights of recovery of such person against any person or organization legally responsible for the bodily injury for which such payment is made, including the proceeds recoverable from the assets of the insolvent insurer[; provided, however], except that with respect to payments made by reason of the coverage described in subsections 2 and 3 [above] of this section, the insurer making such payment shall not be entitled to any right of recovery against such tortfeasor in excess of the proceeds recovered from the assets of the insolvent insurer of [said] such tortfeasor.

5. In any action on a policy of automobile liability insurance coverage providing for the protection of persons insured [thereunder] under the policy who are legally entitled to recover damages from owners or operators of uninsured motor vehicles, the fact that the owner or operator of such uninsured motor vehicle whether known or unknown failed to file the report required by section 303.040, RSMo, shall be prima facie evidence of uninsured status, and such failure to file may be established by a statement of the absence of such a report on file with the office of the director of revenue, certified by the director, which statement shall be received in evidence in any of the courts of this state. In any such action, the report required by section 303.040, RSMo, when filed by the owner or operator of an uninsured motor vehicle, shall be prima facie evidence of lack of insurance coverage and the report, or a copy thereof, certified by the director of revenue, may be introduced into evidence in accordance with section 303.310, RSMo.