Moving traffic violation, failure to prepay fine or appear in court,license suspended, procedure--reinstatement when--excessiverevenue from fines to be distributed to schools--definition,state highways.
302.341. 1. If a Missouri resident charged with a moving trafficviolation of this state or any county or municipality of this state failsto dispose of the charges of which the resident is accused throughauthorized prepayment of fine and court costs and fails to appear on thereturn 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 againstthe resident for any such violation within the period of time specified orin such installments as approved by the court or as otherwise provided bylaw, any court having jurisdiction over the charges shall within ten daysof the failure to comply inform the defendant by ordinary mail at the lastaddress shown on the court records that the court will order the directorof revenue to suspend the defendant's driving privileges if the charges arenot 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 chargesand fully pay any applicable fines and court costs, the court shall notifythe director of revenue of such failure and of the pending charges againstthe defendant. Upon receipt of this notification, the director shallsuspend the license of the driver, effective immediately, and providenotice of the suspension to the driver at the last address for the drivershown on the records of the department of revenue. Such suspension shallremain in effect until the court with the subject pending charge requestssetting aside the noncompliance suspension pending final disposition, orsatisfactory evidence of disposition of pending charges and payment of fineand court costs, if applicable, is furnished to the director by theindividual. Upon proof of disposition of charges and payment of fine andcourt costs, if applicable, and payment of the reinstatement fee as setforth in section 302.304, the director shall return the license and removethe suspension from the individual's driving record. The filing offinancial responsibility with the bureau of safety responsibility,department of revenue, shall not be required as a condition ofreinstatement of a driver's license suspended solely under the provisionsof this section.
2. If any city, town or village receives more than thirty-fivepercent of its annual general operating revenue from fines and court costsfor traffic violations occurring on state highways, all revenues from suchviolations in excess of thirty-five percent of the annual general operatingrevenue of the city, town or village shall be sent to the director of thedepartment of revenue and shall be distributed annually to the schools ofthe county in the same manner that proceeds of all penalties, forfeituresand fines collected for any breach of the penal laws of the state aredistributed. For the purpose of this section the words "state highways"shall mean any state or federal highway, including any such highwaycontinuing through the boundaries of a city, town or village with adesignated street name other than the state highway number. The directorof the department of revenue shall set forth by rule a procedure wherebyexcess revenues as set forth above shall be sent to the department ofrevenue. If any city, town, or village disputes a determination that ithas received excess revenues required to be sent to the department ofrevenue, such city, town, or village may submit to an annual audit by thestate auditor under the authority of article IV, section 13 of the MissouriConstitution. Any rule or portion of a rule, as that term is defined insection 536.010, RSMo, that is created under the authority delegated inthis section shall become effective only if it complies with and is subjectto all of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly under chapter 536, RSMo,to review, to delay the effective date, or to disapprove and annul a ruleare subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2009, shall beinvalid and void.
Moving traffic violation, failure to prepay fine or appear in court,license suspended, procedure--reinstatement when--excessiverevenue from fines to be distributed to schools--definition,state highways.
302.341. 1. If a Missouri resident charged with a moving trafficviolation of this state or any county or municipality of this state failsto dispose of the charges of which the resident is accused throughauthorized prepayment of fine and court costs and fails to appear on thereturn 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 againstthe resident for any such violation within the period of time specified orin such installments as approved by the court or as otherwise provided bylaw, any court having jurisdiction over the charges shall within ten daysof the failure to comply inform the defendant by ordinary mail at the lastaddress shown on the court records that the court will order the directorof revenue to suspend the defendant's driving privileges if the charges arenot 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 chargesand fully pay any applicable fines and court costs, the court shall notifythe director of revenue of such failure and of the pending charges againstthe defendant. Upon receipt of this notification, the director shallsuspend the license of the driver, effective immediately, and providenotice of the suspension to the driver at the last address for the drivershown on the records of the department of revenue. Such suspension shallremain in effect until the court with the subject pending charge requestssetting aside the noncompliance suspension pending final disposition, orsatisfactory evidence of disposition of pending charges and payment of fineand court costs, if applicable, is furnished to the director by theindividual. Upon proof of disposition of charges and payment of fine andcourt costs, if applicable, and payment of the reinstatement fee as setforth in section 302.304, the director shall return the license and removethe suspension from the individual's driving record. The filing offinancial responsibility with the bureau of safety responsibility,department of revenue, shall not be required as a condition ofreinstatement of a driver's license suspended solely under the provisionsof this section.
2. If any city, town or village receives more than thirty-fivepercent of its annual general operating revenue from fines and court costsfor traffic violations occurring on state highways, all revenues from suchviolations in excess of thirty-five percent of the annual general operatingrevenue of the city, town or village shall be sent to the director of thedepartment of revenue and shall be distributed annually to the schools ofthe county in the same manner that proceeds of all penalties, forfeituresand fines collected for any breach of the penal laws of the state aredistributed. For the purpose of this section the words "state highways"shall mean any state or federal highway, including any such highwaycontinuing through the boundaries of a city, town or village with adesignated street name other than the state highway number. The directorof the department of revenue shall set forth by rule a procedure wherebyexcess revenues as set forth above shall be sent to the department ofrevenue. If any city, town, or village disputes a determination that ithas received excess revenues required to be sent to the department ofrevenue, such city, town, or village may submit to an annual audit by thestate auditor under the authority of article IV, section 13 of the MissouriConstitution. Any rule or portion of a rule, as that term is defined insection 536.010, RSMo, that is created under the authority delegated inthis section shall become effective only if it complies with and is subjectto all of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly under chapter 536, RSMo,to review, to delay the effective date, or to disapprove and annul a ruleare subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2009, shall beinvalid and void.
Moving traffic violation, failure to prepay fine or appear in court,license suspended, procedure--reinstatement when--excessiverevenue from fines to be distributed to schools--definition,state highways.
302.341. 1. If a Missouri resident charged with a moving trafficviolation of this state or any county or municipality of this state failsto dispose of the charges of which the resident is accused throughauthorized prepayment of fine and court costs and fails to appear on thereturn 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 againstthe resident for any such violation within the period of time specified orin such installments as approved by the court or as otherwise provided bylaw, any court having jurisdiction over the charges shall within ten daysof the failure to comply inform the defendant by ordinary mail at the lastaddress shown on the court records that the court will order the directorof revenue to suspend the defendant's driving privileges if the charges arenot 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 chargesand fully pay any applicable fines and court costs, the court shall notifythe director of revenue of such failure and of the pending charges againstthe defendant. Upon receipt of this notification, the director shallsuspend the license of the driver, effective immediately, and providenotice of the suspension to the driver at the last address for the drivershown on the records of the department of revenue. Such suspension shallremain in effect until the court with the subject pending charge requestssetting aside the noncompliance suspension pending final disposition, orsatisfactory evidence of disposition of pending charges and payment of fineand court costs, if applicable, is furnished to the director by theindividual. Upon proof of disposition of charges and payment of fine andcourt costs, if applicable, and payment of the reinstatement fee as setforth in section 302.304, the director shall return the license and removethe suspension from the individual's driving record. The filing offinancial responsibility with the bureau of safety responsibility,department of revenue, shall not be required as a condition ofreinstatement of a driver's license suspended solely under the provisionsof this section.
2. If any city, town or village receives more than thirty-fivepercent of its annual general operating revenue from fines and court costsfor traffic violations occurring on state highways, all revenues from suchviolations in excess of thirty-five percent of the annual general operatingrevenue of the city, town or village shall be sent to the director of thedepartment of revenue and shall be distributed annually to the schools ofthe county in the same manner that proceeds of all penalties, forfeituresand fines collected for any breach of the penal laws of the state aredistributed. For the purpose of this section the words "state highways"shall mean any state or federal highway, including any such highwaycontinuing through the boundaries of a city, town or village with adesignated street name other than the state highway number. The directorof the department of revenue shall set forth by rule a procedure wherebyexcess revenues as set forth above shall be sent to the department ofrevenue. If any city, town, or village disputes a determination that ithas received excess revenues required to be sent to the department ofrevenue, such city, town, or village may submit to an annual audit by thestate auditor under the authority of article IV, section 13 of the MissouriConstitution. Any rule or portion of a rule, as that term is defined insection 536.010, RSMo, that is created under the authority delegated inthis section shall become effective only if it complies with and is subjectto all of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly under chapter 536, RSMo,to review, to delay the effective date, or to disapprove and annul a ruleare subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2009, shall beinvalid and void.
