SB 1087 — Modifies provisions relating to driver's licenses

If the date of arrest is prior to the issuance of the limited driving privilege, the privilege shall not be terminated.

Failure of the driver to maintain proof of financial responsibility, as required by chapter 303, or to maintain proof of installation of a functioning, certified ignition interlock device, as applicable, shall terminate the privilege.

The director shall notify by ordinary mail the driver whose privilege is so terminated.

(6) Except as provided in subdivision (8) of this subsection, no person is eligible to receive a limited driving privilege whose license at the time of application has been suspended or revoked for the following reasons:

(a) A conviction of any felony in the commission of which a motor vehicle was used and such conviction occurred within the five-year period prior to the date of application.

However, any felony conviction for leaving the scene of an accident under section 577.060 shall not render SS SCS SB 1087 6 the applicant ineligible for a limited driving privilege under this section;

(b) Ineligibility for a license because of the provisions of subdivision (1), (2), (4), (5), (6), (7), (8), (9), or (10) of subsection 1 of section 302.060;

or (c) Due to a suspension pursuant to subdivision (8) or (10) of subsection 1 of section 302.302 or subsection 2 of section 302.525.

(7) No person who possesses a commercial driver's license shall receive a limited driving privilege issued for the purpose of operating a commercial motor vehicle if such person's driving privilege is suspended, revoked, cancelled, denied, or disqualified.

Nothing in this section shall prohibit the issuance of a limited driving privilege for the purpose of operating a noncommercial motor vehicle provided that pursuant to the provisions of this section, the applicant is not otherwise ineligible for a limited driving privilege.

(8) (a) Provided that pursuant to the provisions of this section, the applicant is not otherwise ineligible for a limited driving privilege, a circuit court or the director may, in the manner prescribed in this subsection, allow a person who has had such person's license to operate a motor vehicle revoked where that person cannot obtain a new license for a period of ten years, as prescribed in subdivision (9) of subsection 1 of section 302.060, to apply for a limited driving privilege pursuant to this subsection.

Such person shall present evidence satisfactory to the court or the director that such person's habits and conduct show that the person no longer poses a threat to the public safety of this state.

A circuit court shall grant a limited driving privilege to any individual who otherwise is SS SCS SB 1087 7 eligible to receive a limited driving privilege, has filed proof of installation of a certified ignition interlock device, and has had no alcohol-related enforcement contacts since the alcohol-related enforcement contact that resulted in the person's license denial.

(b) Provided that pursuant to the provisions of this section, the applicant is not otherwise ineligible for a limited driving privilege or convicted of acting with criminal negligence while driving while intoxicated to cause the death of another person, a circuit court or the director may, in the manner prescribed in this subsection, allow a person who has had such person's license to operate a motor vehicle revoked where that person cannot obtain a new license for a period of five years because of two convictions of driving while intoxicated, as prescribed in subdivision (10) of subsection 1 of section 302.060, to apply for a limited driving privilege pursuant to this subsection.

Such person shall present evidence satisfactory to the court or the director that such person's habits and conduct show that the person no longer poses a threat to the public safety of this state.

Any person who is denied a license permanently in this state because of an alcohol- related conviction subsequent to a restoration of such person's driving privileges pursuant to subdivision (9) of subsection 1 of section 302.060 shall not be eligible for limited driving privilege pursuant to the provisions of this subdivision.

A circuit court shall grant a limited driving privilege to any individual who otherwise is eligible to receive a limited driving privilege, has filed proof of installation of a certified ignition interlock device, and has had no alcohol-related enforcement contacts since the SS SCS SB 1087 8 alcohol-related enforcement contact that resulted in the person's license denial.

(9) A DWI docket or court established under section 478.007 may grant a limited driving privilege to a participant in or graduate of the program who would otherwise be ineligible for such privilege under another provision of law.

4.

Any person who has received notice of denial of a request of limited driving privilege by the director of revenue may make a request for a review of the director's determination in the circuit court of the county in which the person resides or the county in which is located the person's principal place of business or employment within thirty days of the date of mailing of the notice of denial.

Such review shall be based upon the records of the department of revenue and other competent evidence and shall be limited to a review of whether the applicant was statutorily entitled to the limited driving privilege.

5.

The director of revenue shall promulgate rules and regulations necessary to carry out the provisions of this section.

Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.

This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2001, shall be invalid and void.

SS SCS SB 1087 9 302.341.

1.

If a Missouri resident charged with a moving traffic violation of this state or any county or municipality of this state fails to dispose of the charges of which the resident is accused through authorized prepayment of fine and court costs and fails to appear on the return date or at any subsequent date to which the case has been continued, or without good cause fails to pay any fine or court costs assessed against the resident for any such violation within the period of time specified or in such installments as approved by the court or as otherwise provided by law, any court having jurisdiction over the charges shall within ten days of the failure to comply inform the defendant by ordinary mail at the last address shown on the court records that the court [will] shall order the director of revenue to suspend the defendant's driving privileges if the charges are not disposed of and fully paid within thirty days from the date of mailing.

Thereafter, if the defendant fails to timely act to dispose of the charges and fully pay any applicable fines and court costs, the court shall notify the director of revenue of such failure and of the pending charges against the defendant.

Upon receipt of this notification, the director shall suspend the license of the driver, effective immediately, and provide notice of the suspension to the driver at the last address for the driver shown on the records of the department of revenue.

Such suspension shall remain in effect until the court with the subject pending charge requests setting aside the noncompliance suspension pending final disposition, or satisfactory evidence of disposition of pending charges and payment of fine and court costs, if applicable, is furnished to the director by the individual.

The filing of financial responsibility with the [bureau of safety responsibility,] SS SCS SB 1087 10 department of revenue[,] shall not be required as a condition of reinstatement of a driver's license suspended solely under the provisions of this [section] subsection.

2.

The provisions of subsection 1 of this section shall not apply to minor traffic violations as defined in section 479.350;

however, minor traffic violations shall be subject to subsection 3 of this section.

Minor traffic violations shall not include nonmoving violations such as, but not limited to, parking, standing, or stopping violations, including expired meter violations.

3.

If a Missouri resident charged with a minor traffic violation of this state or any county or municipality of this state fails to dispose of the charges of which the resident is accused through authorized prepayment of fine and court costs and fails to appear on two return dates, or without good cause fails to pay any fine or court costs assessed against the resident for any such violation within the period of time specified or in such installments as approved by the court or as otherwise provided by law, any court having jurisdiction over the charges shall, within ten days of the failure to comply, inform the defendant by ordinary mail at the last address shown on the court records that the court may order the director of revenue to suspend the defendant's driving privileges if the charges are not disposed of and fully paid within thirty days from the date of mailing.

Thereafter, if the defendant fails to timely act to dispose of the charges and fully pay any applicable fines and court costs, the court may notify the director of revenue of such failure and of the pending charges against the defendant.

Upon receipt of this notification, the director shall suspend the license of the driver and provide notice of the suspension at the last address for the driver SS SCS SB 1087 11 shown on the records of the department of revenue.

The director shall, thirty-three days after mailing the suspension notice, suspend the driving privileges of the defendant.

Such suspension shall remain in effect until the court with the subject pending charge requests setting aside the noncompliance suspension pending final disposition, or satisfactory evidence of disposition of pending charges and payment of fine and court costs, if applicable, is furnished to the director by the individual.

The filing of financial responsibility with the department of revenue shall not be required as a condition of reinstatement of a driver's license suspended solely under the provisions of this subsection.

4.

Subsection 3 of this section shall not be retroactive.

Section B.

The repeal and reenactment of sections 302.309 and 302.341 of this act shall become effective on January 1, 2027.