EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 533
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR NICOLA.
1899S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 302.309 and 302.341, RSMo, and to enact in lieu thereof two new sections
relating to driver's licenses, with a delayed effective date.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 302.309 and 302.341, RSMo, are 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 302.309 and 302.341, to read as follows:3
302.309. 1. Whenever any license is suspended 1
pursuant to sections 302.302 to 302.309, the director of 2
revenue shall return the license to the operator immediately 3
upon the termination of the period of suspension an d upon 4
compliance with the requirements of chapter 303. 5
2. Any operator whose license is revoked pursuant to 6
[these] sections 302.302 to 302.309, upon the termination of 7
the period of revocation, shall apply for a new license in 8
the manner prescribed by law. 9
3. (1) All circuit courts, the director of revenue, 10
or a commissioner operating under section 478.007 shall have 11
jurisdiction to hear applications and make eligibility 12
determinations granting limited driving privileges, except 13
as provided under subdivision (8) of this subsection. Any 14
application may be made in writing to the director of 15
revenue and the person's reasons for requesting the limited 16
driving privilege shall be made therein. 17 SB 533 2
(2) When any court of record having ju risdiction or 18
the director of revenue finds that an operator is required 19
to operate a motor vehicle in connection with any of the 20
following: 21
(a) A business, occupation, or employment; 22
(b) Seeking medical treatment for such operator; 23
(c) Attending school or other institution of higher 24
education; 25
(d) Attending alcohol- or drug-treatment programs; 26
(e) Seeking the required services of a certified 27
ignition interlock device provider; [or] 28
(f) Attending a place of worship; 29
(g) Traveling to and from essential businesses 30
including, but not limited to, grocery stores, supermarkets, 31
hardware stores, convenience and discount stores, 32
pharmacies, post offices and other shipping outlets, and gas 33
stations; or 34
(h) Any other circumstance the court or director finds 35
would create an undue hardship on the operator, 36
the court or director may grant such limited driving 37
privilege as the circumstances of the case justify if the 38
court or director finds undue hardship would r esult to the 39
individual, and while so operating a motor vehicle within 40
the restrictions and limitations of the limited driving 41
privilege the driver shall not be guilty of operating a 42
motor vehicle without a valid license. 43
(3) An operator may make application to the proper 44
court in the county in which such operator resides or in the 45
county in which is located the operator's principal place of 46
business or employment. Any application for a limited 47
driving privilege made to a circuit court shall name the 48 SB 533 3
director as a party defendant and shall be served upon the 49
director prior to the grant of any limited privilege, and 50
shall be accompanied by a copy of the applicant's driving 51
record as certified by the director. Any applicant for a 52
limited driving privilege shall have on file with the 53
department of revenue proof of financial responsibility as 54
required by chapter 303. Any application by a person who 55
transports persons or property as classified in section 56
302.015 may be accompanied by proo f of financial 57
responsibility as required by chapter 303, but if proof of 58
financial responsibility does not accompany the application, 59
or if the applicant does not have on file with the 60
department of revenue proof of financial responsibility, the 61
court or the director has discretion to grant the limited 62
driving privilege to the person solely for the purpose of 63
operating a vehicle whose owner has complied with chapter 64
303 for that vehicle, and the limited driving privilege must 65
state such restrictio n. When operating such vehicle under 66
such restriction the person shall carry proof that the owner 67
has complied with chapter 303 for that vehicle. 68
(4) No limited driving privilege shall be issued to 69
any person otherwise eligible under the provisio ns of 70
subdivision (6) of this subsection if such person has a 71
license denial under paragraph (a) or (b) of subdivision (8) 72
of this subsection or on a license revocation resulting from 73
a conviction under subdivision (9) of subsection 1 of 74
section 302.302, or a license revocation under subdivision 75
(2) of subsection 2 of section 302.525, or section 302.574 76
or 577.041, until the applicant has filed proof with the 77
department of revenue that any motor vehicle operated by the 78
person is equipped with a fun ctioning, certified ignition 79
interlock device as a required condition of limited driving 80 SB 533 4
privilege. The ignition interlock device required for 81
obtaining a limited driving privilege under paragraph (a) or 82
(b) of subdivision (8) of this subsection shall have a photo 83
identification technology feature, and a court may require a 84
global positioning system feature for such device. 85
(5) The court order or the director's grant of the 86
limited or restricted driving privilege shall indicate the 87
termination date of the privilege, which shall be not later 88
than the end of the period of suspension or revocation. The 89
court order or the director's grant of the limited or 90
restricted driving privilege shall also indicate whether a 91
functioning, certified ignit ion interlock device is required 92
as a condition of operating a motor vehicle with the limited 93
driving privilege. A copy of any court order shall be sent 94
by the clerk of the court to the director, and a copy shall 95
be given to the driver which shall be carried by the driver 96
whenever such driver operates a motor vehicle. The director 97
of revenue upon granting a limited driving privilege shall 98
give a copy of the limited driving privilege to the 99
applicant. The applicant shall carry a copy of the limite d 100
driving privilege while operating a motor vehicle. A 101
conviction which results in the assessment of points 102
pursuant to section 302.302, other than a violation of a 103
municipal stop sign ordinance where no accident is involved, 104
against a driver who is operating a vehicle pursuant to a 105
limited driving privilege terminates the privilege, as of 106
the date the points are assessed to the person's driving 107
record. If the date of arrest is prior to the issuance of 108
the limited driving privilege, the privilege shall not be 109
terminated. Failure of the driver to maintain proof of 110
financial responsibility, as required by chapter 303, or to 111
maintain proof of installation of a functioning, certified 112 SB 533 5
ignition interlock device, as applicable, shall terminate 113
the privilege. The director shall notify by ordinary mail 114
the driver whose privilege is so terminated. 115
(6) Except as provided in subdivision (8) of this 116
subsection, no person is eligible to receive a limited 117
driving privilege whose license at the tim e of application 118
has been suspended or revoked for the following reasons: 119
(a) A conviction of any felony in the commission of 120
which a motor vehicle was used and such conviction occurred 121
within the five-year period prior to the date of 122
application. However, any felony conviction for leaving the 123
scene of an accident under section 577.060 shall not render 124
the applicant ineligible for a limited driving privilege 125
under this section; 126
(b) Ineligibility for a license because of the 127
provisions of subdivision (1), (2), (4), (5), (6), (7), (8), 128
(9), or (10) of subsection 1 of section 302.060; or 129
(c) Due to a suspension pursuant to subdivision (8) or 130
(10) of subsection 1 of section 302.302 or subsection 2 of 131
section 302.525. 132
(7) No person who possesses a commercial driver's 133
license shall receive a limited driving privilege issued for 134
the purpose of operating a commercial motor vehicle if such 135
person's driving privilege is suspended, revoked, cancelled, 136
denied, or disqualified. Nothing in this section shall 137
prohibit the issuance of a limited driving privilege for the 138
purpose of operating a noncommercial motor vehicle provided 139
that pursuant to the provisions of this section, the 140
applicant is not otherwise ineligible for a limite d driving 141
privilege. 142
(8) (a) Provided that pursuant to the provisions of 143
this section, the applicant is not otherwise ineligible for 144 SB 533 6
a limited driving privilege, a circuit court or the director 145
may, in the manner prescribed in this subsection, a llow a 146
person who has had such person's license to operate a motor 147
vehicle revoked where that person cannot obtain a new 148
license for a period of ten years, as prescribed in 149
subdivision (9) of subsection 1 of section 302.060, to apply 150
for a limited driving privilege pursuant to this 151
subsection. Such person shall present evidence satisfactory 152
to the court or the director that such person's habits and 153
conduct show that the person no longer poses a threat to the 154
public safety of this state. A circuit court shall grant a 155
limited driving privilege to any individual who otherwise is 156
eligible to receive a limited driving privilege, has filed 157
proof of installation of a certified ignition interlock 158
device, and has had no alcohol -related enforcement cont acts 159
since the alcohol-related enforcement contact that resulted 160
in the person's license denial. 161
(b) Provided that pursuant to the provisions of this 162
section, the applicant is not otherwise ineligible for a 163
limited driving privilege or convicted of acting with 164
criminal negligence while driving while intoxicated to cause 165
the death of another person, a circuit court or the director 166
may, in the manner prescribed in this subsection, allow a 167
person who has had such person's license to operate a mot or 168
vehicle revoked where that person cannot obtain a new 169
license for a period of five years because of two 170
convictions of driving while intoxicated, as prescribed in 171
subdivision (10) of subsection 1 of section 302.060, to 172
apply for a limited driving p rivilege pursuant to this 173
subsection. Such person shall present evidence satisfactory 174
to the court or the director that such person's habits and 175
conduct show that the person no longer poses a threat to the 176 SB 533 7
public safety of this state. Any person who is denied a 177
license permanently in this state because of an alcohol - 178
related conviction subsequent to a restoration of such 179
person's driving privileges pursuant to subdivision (9) of 180
subsection 1 of section 302.060 shall not be eligible for 181
limited driving privilege pursuant to the provisions of this 182
subdivision. A circuit court shall grant a limited driving 183
privilege to any individual who otherwise is eligible to 184
receive a limited driving privilege, has filed proof of 185
installation of a certified i gnition interlock device, and 186
has had no alcohol-related enforcement contacts since the 187
alcohol-related enforcement contact that resulted in the 188
person's license denial. 189
(9) A DWI docket or court established under section 190
478.007 may grant a limi ted driving privilege to a 191
participant in or graduate of the program who would 192
otherwise be ineligible for such privilege under another 193
provision of law. 194
4. Any person who has received notice of denial of a 195
request of limited driving privilege by the director of 196
revenue may make a request for a review of the director's 197
determination in the circuit court of the county in which 198
the person resides or the county in which is located the 199
person's principal place of business or employment within 200
thirty days of the date of mailing of the notice of denial. 201
Such review shall be based upon the records of the 202
department of revenue and other competent evidence and shall 203
be limited to a review of whether the applicant was 204
statutorily entitled to the li mited driving privilege. 205
5. The director of revenue shall promulgate rules and 206
regulations necessary to carry out the provisions of this 207
section. Any rule or portion of a rule, as that term is 208 SB 533 8
defined in section 536.010, that is created under the 209
authority delegated in this section shall become effective 210
only if it complies with and is subject to all of the 211
provisions of chapter 536 and, if applicable, section 212
536.028. This section and chapter 536 are nonseverable and 213
if any of the powers ve sted with the general assembly 214
pursuant to chapter 536 to review, to delay the effective 215
date or to disapprove and annul a rule are subsequently held 216
unconstitutional, then the grant of rulemaking authority and 217
any rule proposed or adopted after August 28, 2001, shall be 218
invalid and void. 219
302.341. 1. If a Missouri resident charged with a 1
moving traffic violation of this state or any county or 2
municipality of this state fails to dispose of the charges 3
of which the resident is acc used through authorized 4
prepayment of fine and court costs and fails to appear on 5
the return date or at any subsequent date to which the case 6
has been continued, or without good cause fails to pay any 7
fine or court costs assessed against the resident f or any 8
such violation within the period of time specified or in 9
such installments as approved by the court or as otherwise 10
provided by law, any court having jurisdiction over the 11
charges shall within ten days of the failure to comply 12
inform the defendant by ordinary mail at the last address 13
shown on the court records that the court [will] may order 14
the director of revenue to suspend the defendant's driving 15
privileges if the charges are not disposed of and fully paid 16
within thirty days from the date of mailing. Thereafter, if 17
the defendant fails to timely act to dispose of the charges 18
and fully pay any applicable fines and court costs, the 19
court [shall] may notify the director of revenue of such 20
failure and of the pending charges against the def endant. 21 SB 533 9
Upon receipt of this notification, the director shall 22
suspend the license of the driver, effective immediately, 23
and provide notice of the suspension to the driver at the 24
last address for the driver shown on the records of the 25
department of revenue. Such suspension shall remain in 26
effect until the court with the subject pending charge 27
requests setting aside the noncompliance suspension pending 28
final disposition, or satisfactory evidence of disposition 29
of pending charges and payment of fine and court costs, if 30
applicable, is furnished to the director by the individual. 31
The filing of financial responsibility with the [bureau of 32
safety responsibility, ] department of revenue [,] shall not 33
be required as a condition of reinstatement of a dri ver's 34
license suspended solely under the provisions of this 35
[section] subsection. 36
2. The provisions of subsection 1 of this section 37
shall not apply to minor traffic violations as defined in 38
section 479.350; however, minor traffic violations shall be 39
subject to subsection 3 of this section . 40
3. If a Missouri resident charged with a minor traffic 41
violation of this state or any county or municipality of 42
this state fails to dispose of the charges of which the 43
resident is accused through autho rized prepayment of fine 44
and court costs and fails to appear on two return dates, or 45
without good cause fails to pay any fine or court costs 46
assessed against the resident for any such violation within 47
the period of time specified or in such installment s as 48
approved by the court or as otherwise provided by law, any 49
court having jurisdiction over the charges shall, within ten 50
days of the failure to comply, inform the defendant by 51
ordinary mail at the last address shown on the court records 52
that the court may order the director of revenue to suspend 53 SB 533 10
the defendant's driving privileges if the charges are not 54
disposed of and fully paid within thirty days from the date 55
of mailing. Thereafter, if the defendant fails to timely 56
act to dispose of the char ges and fully pay any applicable 57
fines and court costs, the court may notify the director of 58
revenue of such failure and of the pending charges against 59
the defendant. Upon receipt of this notification, the 60
director shall suspend the license of the dri ver, effective 61
immediately, and provide notice of the suspension to the 62
driver at the last address for the driver shown on the 63
records of the department of revenue. Such suspension shall 64
remain in effect until the court with the subject pending 65
charge requests setting aside the noncompliance suspension 66
pending final disposition, or satisfactory evidence of 67
disposition of pending charges and payment of fine and court 68
costs, if applicable, is furnished to the director by the 69
individual. The filing of financial responsibility with the 70
department of revenue shall not be required as a condition 71
of reinstatement of a driver's license suspended solely 72
under the provisions of this subsection. 73
4. Where a defendant is charged exclusively with minor 74
traffic violations, as such term is defined in section 75
479.350, any suspension under this section shall be 76
accompanied by issuance from the director of revenue of a 77
temporary driving permit for thirty days for all purposes 78
identified under subdivisio n (2) of subsection 3 of section 79
302.309, unless the director finds the defendant is 80
ineligible for such privileges under the provisions of 81
section 302.309. 82
5. Subsections 3 and 4 of this section shall not be 83
retroactive. 84 SB 533 11
Section B. The repeal and reenactment of sections 1
302.309 and 302.341 of this act shall become effective on 2
January 1, 2026. 3