301.144. Personalized license plates, appearance, fees--new plates every three years without charge--obscene or offensive plates prohibited--amateur radio operators, plates, how marked--repossessed ve - Missouri Statutes

Personalized license plates, appearance, fees--new plates every threeyears without charge--obscene or offensive platesprohibited--amateur radio operators, plates, howmarked--repossessed vehicles, placards--retired U.S. militaryplates, how marked.

301.144. 1. The director of revenue shall establish and issuespecial personalized license plates containing letters or numbers orcombinations of letters and numbers. Such license plates shall be madewith fully reflective material with a common color scheme and design, shallbe clearly visible at night, and shall be aesthetically attractive, asprescribed by section 301.130. Any person desiring to obtain a specialpersonalized license plate for any motor vehicle the person owns, eithersolely or jointly, other than an apportioned motor vehicle or a commercialmotor vehicle licensed in excess of eighteen thousand pounds gross weightshall apply to the director of revenue on a form provided by the directorand shall pay a fee of fifteen dollars in addition to the regularregistration fees. The director of revenue shall issue rules andregulations setting the standards and establishing the procedure forapplication for and issuance of the special personalized license plates andshall provide a deadline each year for the applications. Any rule orportion of a rule, as that term is defined in section 536.010, RSMo, thatis created under the authority delegated in this section shall becomeeffective only if it complies with and is subject to all of the provisionsof chapter 536, RSMo, and, if applicable, section 536.028, RSMo. Thissection and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly pursuant to chapter 536, RSMo, to review,to delay the effective date or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after August 28, 2001, shall be invalidand void. No two owners shall be issued identical plates. An owner shallmake a new application and pay a new fee each year such owner desires toobtain or retain special personalized license plates; however,notwithstanding the provisions of subsection 8 of section 301.130 to thecontrary, the director shall allow the special personalized license platesto be replaced with new plates every three years without any additionalcharge, above the fee established in this section, to the renewalapplicant. Any person currently in possession of an approved personalizedlicense plate shall have first priority on that particular plate for eachof the following years that timely and appropriate application is made.

2. Upon application for a personalized plate by the owner of a motorvehicle for which the owner has no registration plate available fortransfer as prescribed by section 301.140, the director shall issue atemporary permit authorizing the operation of the motor vehicle until thepersonalized plate is issued.

3. No personalized license plates shall be issued containing anyletters, numbers or combination of letters and numbers which are obscene,profane, patently offensive or contemptuous of a racial or ethnic group, oroffensive to good taste or decency, or would present an unreasonable dangerto the health or safety of the applicant, of other users of streets andhighways, or of the public in any location where the vehicle with such aplate may be found. The director may recall any personalized licenseplates, including those issued prior to August 28, 1992, if the directordetermines that the plates are obscene, profane, patently offensive orcontemptuous of a racial or ethnic group, or offensive to good taste ordecency, or would present an unreasonable danger to the health or safety ofthe applicant, of other users of streets and highways, or of the public inany location where the vehicle with such a plate may be found. Where thedirector recalls such plates pursuant to the provisions of this subsection,the director shall reissue personalized license plates to the owner of themotor vehicle for which they were issued at no charge, if the new platesproposed by the owner of the motor vehicle meet the standards establishedpursuant to this section. The director shall not apply the provisions ofthis statute in a way that violates the Missouri or United StatesConstitutions as interpreted by the courts with controlling authority inthe state of Missouri. The primary purpose of motor vehicle license platesis to identify motor vehicles. Nothing in the issuance of a personalizedlicense plate creates a designated or limited public forum. Nothingcontained in this subsection shall be interpreted to prohibit the use oflicense plates, which are no longer valid for registration purposes, ascollector's items or for decorative purposes.

4. The director may also establish categories of special licenseplates from which license plates may be issued. Any such person, otherthan a person exempted from the additional fee pursuant to subsection 7 ofthis section, that desires a personalized special license plate from anysuch category shall pay the same additional fee and make the same kind ofapplication as that required by subsection 1 of this section, and thedirector shall issue such plates in the same manner as other personalizedspecial license plates are issued.

5. The director of revenue shall issue to residents of the state ofMissouri who hold an unrevoked and unexpired official amateur radio licenseissued by the Federal Communications Commission, upon application and uponpayment of the additional fee specified in subsection 1 of this section,except for a person exempted from the additional fee pursuant to subsection7 of this section, personalized special license plates bearing the officialamateur radio call letters assigned by the Federal CommunicationsCommission to the applicant with the words "AMATEUR RADIO" in place of thewords "SHOW-ME STATE". The application shall be accompanied by a statementstating that the applicant has an unrevoked and unexpired amateur radiolicense issued by the Federal Communications Commission and the officialradio call letters assigned by the Federal Communications Commission to theapplicant. An owner making a new application and paying a new fee toretain an amateur radio plate may request a replacement plate with thewords "AMATEUR RADIO" in place of the words "SHOW-ME STATE". Ifapplication is made to retain a plate that is three years old or older, thereplacement plate shall be issued upon the payment of required fees.

6. Notwithstanding any other provision to the contrary, any businessthat repossesses motor vehicles or trailers and sells or otherwise disposesof them shall be issued a placard displaying the word "Repossessed",provided such business pays the license fees presently required of amanufacturer, distributor, or dealer in section 301.560. Such placardshall bear a number and shall be in such form as the director of revenueshall determine, and shall be only used for demonstrations when displayedsubstantially as provided for number plates on the rear of the repossessedmotor vehicle or trailer.

7. Notwithstanding any provision of law to the contrary, any personwho has retired from any branch of the United States armed forces orreserves, the United States Coast Guard or reserve, the United StatesMerchant Marines or reserve, the National Guard, or any subdivision of anysuch services shall be exempt from the additional fee required forpersonalized license plates issued pursuant to section 301.441. As used inthis subsection, "retired" means having served twenty or more years in theappropriate branch of service and having received an honorable discharge.

(L. 1977 H.B. 367, et al. § 2, A.L. 1979 S.B. 12, A.L. 1983 H.B. 149, et al., A.L. 1984 S.B. 505 & 471, A.L. 1989 S.B. 209, A.L. 1992 S.B. 607, A.L. 1993 S.B. 329, A.L. 1995 S.B. 3 and A.L. 1995 S.B. 70, A.L. 2001 S.B. 13, A.L. 2002 H.B. 2008, A.L. 2004 S.B. 1233, et al., A.L. 2007 S.B. 82)