HCS HB 1105, 1062, 1111, 1113 & 1119 -- MOTOR VEHICLES

SPONSOR:  Crawford

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Transportation and Motor Vehicles by a vote of 15 to 5.

OPERATORS' LICENSES

The substitute prohibits the issuance of instruction permits,
drivers' licenses, and commercial drivers' licenses to
individuals who are not citizens of the U. S. for a duration that
exceeds the applicant's lawful presence authorized by the
Immigration and Naturalization Services.  The substitute also
contains language dealing with fraud and deception in attempting
to obtain a permit or license.  A full facial photograph or
digital image will be required on all driver's or nondriver's
licenses.

STREET RODS AND CUSTOM VEHICLES REGISTRATION

The substitute establishes new registration procedures for street
rods and custom vehicles.  The annual fee will be $15 plus the
regular registration fees.  Owners of these 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 daily
transportation.  These vehicles are exempt from vehicle
inspections and emission tests.  License plates for these
vehicles will 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.

EMERGENCY VEHICLES

Wreckers, tow trucks, rollbacks, and vehicles containing
emergency cleanup equipment will be considered emergency vehicles
after they arrive at the scene of an accident or cleanup
location.

TRANSFEROR OF TITLES

The substitute requires that after January 1, 2005, any
transferor of an interest in a motor vehicle must notify the
Department of Revenue within 10 days of the date of transfer.
The department must notify the transferee to apply for title if
the department does not receive an application for title within
60 days of the notice form.  Knowingly submitting false
information about the transfer of a vehicle will be a class A
misdemeanor.  The substitute spells out the requirements of the
notice.

ABANDONED VEHICLES

Beginning January 1, 2005, minimum standards will be established
for all towing companies including:

(1)  Maintaining a verifiable business address;

(2)  Maintaining a secure vehicle storage location or facility;

(3)  Being available 24 hours a day, seven days a week and
maintaining an answering service by a person able to respond to a
tow request;

(4)  Maintaining a valid insurance policy of at least $1 million
per incident;

(5)  Providing workers' compensation insurance for all employees;
and

(6)  Maintaining current motor vehicle registrations on all of
the towing fleet.

Towers in third classification counties will not be required to
meet the insurance or secured storage requirement.

Municipalities and counties may adopt by ordinance standards more
stringent than state requirements.

The substitute allows the removal of abandoned vehicles on the
right-of-way of any interstate highway or freeway within two
hours if a law enforcement officer determines the abandoned
property is a serious hazard to motorists.

The substitute also modifies the current criminal statute on
abandoning a motor vehicle.  The last owner of record of a motor
vehicle will be deemed prima facie to have been the owner of the
motor vehicle at the time of abandonment.  The last owner of
record will 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 that
the person's interest in the motor vehicle has been transferred.
The registered owner will not be subject to penalties 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 person who was in control of the car.  The
affidavit will raise a rebuttable presumption that the named
person was in control of the vehicle, and the court can then
terminate the prosecution.  If the vehicle is alleged to have
been stolen, the owner must submit a police report.  Any person
convicted of abandoning a motor vehicle will be liable for all
towing and storage charges, and the liability will remain even if
the motor vehicle is sold pursuant to a towing lien.  Any towing
company, after proper notification to the owner or lienholder of
a motor vehicle, may dispose of abandoned property 45 days after
the notification.  If the property is not claimed, no other
arrangements have been made for storage, or the owner has not
requested a hearing as required by law, the towing company is
authorized to sell the property on a bill of sale as prescribed
by the director of the department to a scrap metal operator for
destruction only.  The substitute outlines requirements for the
sale.

WEIGH STATIONS

The substitute removes the requirement that persons who do not
stop at a weigh station must be determined to be in noncompliance
with weight limit provisions in order to be punished.

WARNING SIGNALS

The substitute includes commercial passenger transport vehicles
and railroad passenger cars that are stopped to load or unload
passengers to the list of vehicles which may use flashing warning
signals.

TITLE TRANSFERS

The substitute allows an individual designated as a beneficiary
on a title to sell the vehicle or boat without taking title in
their name.  The substitute also allows titles on manufactured
homes to indicate that the ownership of the manufactured home
will transfer to a designated beneficiary upon the death of the
owner.

SALVAGE INSPECTIONS

The substitute requires a vehicle that has been issued an
out-of-state title branded "previous damage" or a similar brand
to undergo a Missouri salvage vehicle examination for $25 if a
comparable inspection was not performed by the state that issued
the title.  The substitute also clarifies that applicants who
rebuild vehicles cannot circumvent the current vehicle
examination requirement by titling the vehicle out-of-state.

OPTIONAL SAFETY INSPECTIONS

Motor vehicle owners will have the option of obtaining an
official safety inspection.  Owners who chose not to inspect
their vehicles will be required to pay the fee charged for safety
inspections to the Department of Revenue.  All fees received will
be deposited to the credit of the State Road Fund.

STATE HIGHWAY PATROL

The substitute allows the State Highway Patrol to prohibit the
operation of any motor vehicle which is in an unsafe condition to
be operated on streets and highways.  The substitute spells out
the deficiencies for unsafe operation.

CHILD RESTRAINTS

The law regarding child passenger restraints and seat belts is
revised.  The substitute:

(1)  Requires children less than four years of age, regardless of
weight, or who weigh less than 40 pounds, regardless of age, to
be secured in a child passenger restraint system;

(2)  Requires children four through five years of age or weighing
40 to 60 pounds to be secured in a child passenger restraint
system or booster seat;

(3)  Requires children at six years of age or at least 60 pounds
to be secured by a vehicle safety belt, child passenger restraint
system, or booster seat;

(4)  Allows children weighing more than 40 pounds, who would
otherwise be required to be secured in a booster seat, to be
transported in the back seat of a vehicle while wearing only a
lap belt if the back seat of the motor vehicle is not equipped
with a combination lap and shoulder belt for booster seat
installation;

(5)  Requires car rental agencies doing business in Missouri to
inform customers of the requirements of the substitute and to
provide an appropriate child passenger safety restraint system;

(6)  Exempts public carriers for hire or school buses unless the
school buses have been equipped with safety belts; and

(7)  Requires the Department of Public Safety to develop a public
information program to ensure compliance with child passenger
safety restrain laws.

The substitute provides that if there are more people in a
vehicle than are seat belts, the passengers who are unable to
wear seat belts must sit in the rear-seat area of the vehicle
unless the vehicle is designed only for a front-seat area.

A violation of this child restraint provision is an infraction
and punishable by a fine of not more than $25 plus court costs
with no points assessed against any person.  The charges against
any person receiving a citation for a child restraint violation
will be dismissed or withdrawn if the person provides prior to or
at a hearing evidence of the acquisition of a child passenger
restrain system or child booster seat which is satisfactory to
the court or prosecutor.

LEMON LAW

The substitute allows auto manufacturers, after settling with a
consumer under the lemon law provisions, to apply to the
Department of Revenue for reimbursement equal to any amounts
refunded to a consumer for any sales tax, license fees,
registration fees, title fees, and motor vehicle inspection fees
paid by the consumer as a result of purchasing the vehicle.
Manufacturers may, in lieu of applying to the department direct
the consumer to apply for a refund.  The department with
satisfactory proof of payment must refund the taxes and fees.

The substitute has an effective date of January 1, 2005

FISCAL NOTE:  Estimated Net Income on General Revenue Fund of
$3,241,858 in FY 2005, FY 2006, and FY 2007.  Estimated Net
Income on Other State Funds of $24,338,675 in FY 2005,
$33,461,100 in FY 2006, and $36,167,765 in FY 2007.

PROPONENTS:  Supporters say that the bill will help motor vehicle
enforcement and motor vehicle operators and will provide better
identity security.

Testifying for HB 1105 were Representatives Crawford and Henke.
Testifying for HB 1062 were Representative Crawford; and State
Highway Patrol.  Testifying for HB 1111 were Representative
Crawford; and Towing and Recovery Association of Missouri.
Testifying for HB 1113 were Representative Crawford; and
Department of Revenue.  Testifying for HB 1119 were
Representative Schlottach; Department of Revenue; and State
Highway Patrol.

OPPONENTS:  There was no opposition voiced to the committee.

Robert Triplett, Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:14 am