FIRST REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 787
97TH GENERAL ASSEMBLY
1991H.03C D. ADAM CRUMBLISS, Chief Clerk
To repeal section 136.055, RSMo, and to enact in lieu thereof two new sections relating to the department of revenue.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 136.055, RSMo, is repealed and two new sections enacted in lieu thereof, to be known as sections 136.055 and 302.065, to read as follows:
136.055. 1. Any person who is selected or appointed by the state director of revenue as provided in subsection 2 of this section to act as an agent of the department of revenue, whose duties shall be the processing of motor vehicle title and registration transactions and the collection of sales and use taxes when required under sections 144.070 and 144.440, and who receives no salary from the department of revenue, shall be authorized to collect from the party requiring such services additional fees as compensation in full and for all services rendered on the following basis:
(1) For each motor vehicle or trailer registration issued, renewed or transferred--three dollars and fifty cents and seven dollars for those licenses sold or biennially renewed pursuant to section 301.147;
(2) For each application or transfer of title--two dollars and fifty cents;
(3) For each instruction permit, nondriver license, chauffeur's, operator's or driver's license issued for a period of three years or less--two dollars and fifty cents and five dollars for licenses or instruction permits issued or renewed for a period exceeding three years;
(4) For each notice of lien processed--two dollars and fifty cents;
(5) No notary fee or other fee or additional charge shall be paid or collected except for electronic telephone transmission reception--two dollars.
2. The director of revenue shall award fee office contracts under this section through a competitive bidding process. The competitive bidding process shall give priority to organizations and entities that are exempt from taxation under Section 501(c)(3) or 501(c)(6) of the Internal Revenue Code of 1986, as amended, and political subdivisions, including but not limited to, municipalities, counties, and fire protection districts. The director of the department of revenue may promulgate rules and regulations necessary to carry out the provisions of this subsection. 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 subsection 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, 2009, shall be invalid and void.
3. All fees collected by a tax-exempt organization may be retained and used by the organization.
4. All fees charged shall not exceed those in this section. The fees imposed by this section shall be collected by all permanent offices and all full-time or temporary offices maintained by the department of revenue.
5. Any person acting as agent of the department of revenue for the sale and issuance of registrations, licenses, and other documents related to motor vehicles shall have an insurable interest in all license plates, licenses, tabs, forms and other documents held on behalf of the department.
6. The fees authorized by this section shall not be collected by motor vehicle dealers acting as agents of the department of revenue under section 32.095 or those motor vehicle dealers authorized to collect and remit sales tax under subsection 8 of section 144.070.
7. Notwithstanding any other provision of law to the contrary, the state auditor may audit all records maintained and established by the fee office in the same manner as the auditor may audit any agency of the state, and the department shall ensure that this audit requirement is a necessary condition for the award of all fee office contracts. No confidential records shall be divulged in such a way to reveal personally identifiable information.
8. The department of revenue shall indemnify and hold harmless any fee office for any liabilities, including attorney’s fees, imposed upon such fee office in connection with or arising out of any action, suit, or proceeding if the fee office was acting in the course of its official duties and pursuant to state law, or department of revenue regulations or rules.
302.065. 1. Notwithstanding section 32.090 or any other provision of law to the contrary, the department of revenue shall not retain copies, in any format, of source documents presented by individuals applying for or holding driver's licenses or nondriver's licenses. The department of revenue shall not use technology to capture digital images of source documents so that the images are capable of being retained in electronic storage in a transferable format.
2. The department of revenue shall not require the scanning of source documents for the issuance of a concealed carry weapon endorsement.
3. The department of revenue shall securely destroy so as to make irretrievable any source documents that were obtained after August 28, 2013 from driver's license or nondriver's license applicants.
4. As used in this section, the term "source documents" means original or certified copies, where applicable, of documents presented by an applicant as required under 6 CFR 37 to the department of revenue to apply for a driver's license or nondriver's license. Source documents shall also include any documents required for the issuance, renewal, or replacement of driver's licenses or nondriver's licenses by the department of revenue under the provisions of this chapter or accompanying regulations.
5. The department of revenue shall create an in-house process for printing concealed carry weapon endorsements, to be available upon the request of the applicant.