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Category Archives: Jason Smith (R-MO House)

Bill to require English-only driver’s tests is back | The Columbia Daily Tribune – Columbia, Missouri

Posted on January 26, 2012 by Angie Williams Posted in Barney Fisher (R-MO House), Bart Karman (R-MO House), Chuck Gastenberger (R-MO House), Comprehensive Immigration Reform, Immigration, Jason Smith (R-MO House), List of Shame, Mike Kelley (R-MO House), Missouri House of Representatives, Missouri Senate, Other Appalling State Legislation, Politicians making things worse, Rep. Jerry Nolte (MO State Rep-R), Sen. Brian Nieve (MO State Senate-R), Sen. Will Kraus (MO State-R), State Based Immigration Laws, State's Rights, Supremacy Clause, Wanda Brown (R-Mo House), Wasting Money .

Bill to require English-only driver’s tests is back | The Columbia Daily Tribune – Columbia, Missouri.

 

More bad ideas based on bad assumptions from Jefferson City.  This bill will not have any effect on undocumented people because those people cannot get driver’s license because they do not have the proper authorization from Immigration.  This will only effect legal immigrants who are actually doing what these anti-immigrant people want, they are doing it legally.  The fact is that you do not need to even know how to read to be able to be a safe driver because signs are internationally standardized for this very reason.

On that note, it is possible for someone who is illiterate to take the Missouri Driver’s exam and this would not change that provision, only that it be given exclusively in English.  How does it, then, make sense that they are doing this as a matter of public safety?  Being able to read and study and pass a test in French somehow makes you less safe than someone who cannot read at all?  A foreign language speaker is a worse driver than someone who is illiterate?

Representatives from the Insurance industry testified against this idiotic bill as did many members of the community and heads of charitable organizations.  No one testified in favor of it.  The Insurance lobbyist said this would guarantee more uninsured drivers not more English Speaking Drivers.  He is right because people will not stop driving.  Why on earth are they wasting their time on these kind of stupid laws?  Why is this even an issue?  Because it is one more example of politicians using immigrants to confuse the issue of immigration reform.  This time they are picking on the ones who have “done it legally, which is what they claim to want.

What is almost as disturbing to me as the blatant illogical and baseless rhetoric behind this law as well as SB590 requiring schools and cops to check immigration status is that the representatives are literally spitting in the face of a representative democracy.  No one testified in favor and many against?  Yes lets pass it.  They do not care about their constituents nor the people of Missouri.  They do not care if they cost you money or endanger your businesses or children or safety on the road.  This is the 2nd vote this week that completely ignored the fact that the overwhelming majority of the comments were against the law.

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Tags: Driver's License, Foreign Language, Illiterate, Missouri House of Representatives, Road Safety, Voting with disregard for constituents .

The New Text of SB590 as it will be introduced to the Senate…ANd he is still claiming that it won’t cost the schools any money?

Posted on January 25, 2012 by Angie Williams Posted in Bart Karman (R-MO House), Comprehensive Immigration Reform, Constitution, Immigration, Jason Smith (R-MO House), Kris Kobach (KS Secretary of State), List of Shame, Missouri House of Representatives, Missouri Senate, Other Appalling State Legislation, Politicians making things worse, Procedure, Sen. Brian Nieve (MO State Senate-R), Sen. Will Kraus (MO State-R), State Based Immigration Laws, State's Rights, Supremacy Clause, Wanda Brown (R-Mo House), Wasting Money .

Section A. Chapters 161 and 577, RSMo, are amended by adding thereto

  1. 2  three new sections, to be known as sections 161.245, 577.685, and 577.690, to
  2. 3  read as follows:

    161.245. 1. At the time of enrollment of a student in a public

  1. 2  elementary or secondary school in this state, such school shall
  2. 3  determine whether the student enrolling was born outside the
  3. 4  jurisdiction of the United States or is the child of an alien not lawfully
  4. 5  present in the United States and qualifies for assignment to an English
  5. 6  as second language class or other remedial program.
  6. 7  2. When making the determination required by subsection 1 of
  7. 8  this section, the school shall rely upon presentation of the student’s
  8. 9  original birth certificate or a certified copy thereof.
  9. 10  3. If it is determined that the student was born outside the
  10. 11  jurisdiction of the United States or is the child of an alien not lawfully
  11. 12  present in the United States upon review of the student’s birth
  12. 13  certificate or where such certificate is not available for any reason, the
  13. 14  parent, guardian, or legal custodian of the student shall notify the
  14. 15  school of the actual citizenship or immigration status of the student
  15. 16  under federal law within thirty days of the date of the student’s
  16. 17  enrollment.
  17. 18  4. Proper notification under subsection 3 of this section shall
  18. 19  consist of the following:
  19. 20  (1) Presenting official documentation establishing the citizenship
  1. 21  and, in the case of an alien, the immigration status of the student, or
  2. 22  alternatively by submitting a notarized copy of such documentation to
  3. 23  a school official designated for such purpose by the school district in
  4. 24  which the child is enrolled; and
  5. 25  (2) Attestation by the parent, guardian, or legal custodian, under
  6. 26  penalty of perjury, that the document states the true identity of the
  7. 27  child. If the student or his or her parent, guardian, or legal
  8. 28  representative possesses no such documentation but nevertheless
  9. 29  maintains that the student is either a United States citizen or an alien
  10. 30  lawfully present in the United States, the parent, guardian, or legal
  11. 31  representative of the student may sign a declaration so stating, under
  12. 32  penalty of perjury.
  13. 33  5. If no such documentation or declaration is presented, the
  14. 34  school official shall presume for the purposes of reporting under this
  15. 35  section that the student is an alien unlawfully present in the United
  16. 36  States.
  17. 37  (1) Each school district in this state shall collect and compile
  18. 38  data as required by this section.
  19. 39  (2) Each school district shall submit an annual report listing all
  20. 40  data obtained pursuant to this section to the state board of education.
  21. 41  6. (1) The state board of education shall compile and submit an
  22. 42  annual public report to the general assembly. The report shall provide
  23. 43  data, aggregated by school, regarding the numbers of United States
  24. 44  citizens, of lawfully present aliens by immigration classification, and
  25. 45  of aliens believed to be unlawfully present in the United States enrolled
  26. 46  at all primary and secondary public schools in this state. The report
  27. 47  shall also provide the number of students in each category
  28. 48  participating in English as a second language programs enrolled at
  29. 49  such schools.
  30. 50  (2) The report shall analyze and identify the effects upon the
  31. 51  standard or quality of education provided to students who are citizens
  32. 52  of the United States residing in Missouri that may have occurred, or
  33. 53  are expected to occur in the future, as a consequence of the enrollment
  34. 54  of students who are aliens not lawfully present in the United States.
  35. 55  (3) The report shall analyze and itemize the fiscal costs to the
  36. 56  state and its political subdivisions of providing educational instruction,
  37. 57  computers, textbooks and other supplies, free or discounted school
  1. 58  meals, and extracurricular activities to students who are aliens not
  2. 59  lawfully present in the United States.
  3. 60  (4) The state board of education shall prepare and issue
  4. 61  objective baseline criteria for identifying and assessing the other
  5. 62  educational impacts on the quality of education provided to students
  6. 63  who are citizens of the United States, due to the enrollment of aliens
  7. 64  who are not lawfully present in the United States, in addition to the
  8. 65  statistical data on citizenship and immigration status and English as a
  9. 66  second language enrollment required by this section. The state board
  10. 67  of education may contract with reputable scholars and research
  11. 68  institutions to identify and validate such criteria. The state board of
  12. 69  education shall assess such educational impact and include such
  13. 70  assessments in its reports to the general assembly.
  14. 71  7. Public disclosure by any person of information obtained
  15. 72  pursuant to this section which personally identifies any student shall
  16. 73  be unlawful, except for purposes permitted pursuant to 8 U.S.C.
  17. 74  Sections 1373 and 1644. Any person intending to make a public
  18. 75  disclosure of information that is classified as confidential under this
  19. 76  section, on the ground that such disclosure constitutes a use permitted
  20. 77  by federal law, shall first apply to the attorney general and receive a
  21. 78  waiver of confidentiality from the requirements of this subsection.
  22. 79  8. A student whose personal identity has been negligently or
  23. 80  intentionally disclosed in violation of this section shall be deemed to
  24. 81  have suffered an invasion of the student’s right to privacy. The student
  25. 82  shall have a civil remedy for such violation against the agency or
  26. 83  person that has made the unauthorized disclosure.
  27. 84  9. The state board of education shall construe all provisions of
  28. 85  this section in conformity with federal law.
  29. 86  10. This section shall be enforced without regard to race,
  30. 87  religion, gender, ethnicity, or national origin.

    577.685. 1. Upon any lawful stop, detention, or arrest made by a

  1. 2  state, county, or municipal law enforcement officer of this state in the
  2. 3  enforcement of any state law or ordinance of any political subdivision
  3. 4  thereof, where reasonable suspicion exists that the person is an alien
  4. 5  who is unlawfully present in the United States, a reasonable attempt
  5. 6  shall be made, when practicable, to determine the citizenship and
  6. 7  immigration status of the person, except if the determination may
  1. 8  hinder or obstruct an investigation. Such determination shall be made
  2. 9  by contacting the federal government pursuant to 8 U.S.C. Section
  3. 10  1373(c) and relying upon any verification provided by the federal
  4. 11  government.
  5. 12  2. A law enforcement officer shall not attempt to independently
  6. 13  make a final determination of whether an alien is lawfully present in
  7. 14  the United States. A law enforcement officer may not consider race,
  8. 15  color, or national origin in implementing the requirements of this
  9. 16  section except to the extent permitted by the United States Constitution
  10. 17  or the Constitution of Missouri.
  11. 18  3. A person is presumed to not be an alien who is unlawfully
  12. 19  present in the United States if the person provides any of the following
  13. 20  to the law enforcement officer:
  14. 21  (1) A valid, unexpired Missouri driver’s license;
  15. 22  (2) A valid, unexpired Missouri nondriver’s license;
  16. 23  (3) A valid tribal enrollment card or other form of tribal
  17. 24  identification bearing a photograph or other biometric identifier;
  18. 25  (4) Any valid United States federal or state government issued
  19. 26  identification document bearing a photograph or other biometric
  20. 27  identifier, if issued by an entity that requires proof of lawful presence
  21. 28  in the United States before issuance;
  22. 29  (5) A foreign passport with an unexpired United States visa and
  23. 30  a corresponding stamp or notation by the United States Department of
  24. 31  Homeland Security indicating the bearer’s admission to the United
  25. 32  States;
  26. 33  (6) A foreign passport issued by a visa waiver country with the
  27. 34  corresponding entry stamp and unexpired duration of stay annotation
  28. 35  or an I-94W form by the United States Department of Homeland
  29. 36  Security indicating the bearer’s admission to the United States.
  30. 37  4. If an alien is determined by the federal government to be an
  31. 38  alien who is unlawfully present in the United States pursuant to 8
  32. 39  U.S.C. Section 1373(c), the law enforcement agency shall cooperate in
  33. 40  the transfer of the alien to the custody of the federal government, if the
  34. 41  federal government so requests.

    577.690. 1. In addition to any violation of federal law, a person

  1. 2  is guilty of willful failure to complete or carry an alien registration
  2. 3  document if the person is in violation of 8 U.S.C. Section 1304(e) or 8
  1. 4  U.S.C. Section 1306(a), and the person is an alien unlawfully present in
  2. 5  the United States.
  3. 6  2. In the enforcement of this section, an alien’s immigration
  4. 7  status shall be determined by verification of the alien’s immigration
  5. 8  status with the federal government pursuant to 8 U.S.C. Section 1373(c).
  6. 9  A law enforcement officer shall not attempt to independently make a
  7. 10  final determination of whether an alien is lawfully present in the
  8. 11  United States.
  9. 12  3. A law enforcement official or agency of this state or a county,
  10. 13  city, or other political subdivision of this state may not consider race,
  11. 14  color, or national origin in the enforcement of this section except to the
  12. 15  extent permitted by the United States Constitution and the Constitution
  13. 16  of Missouri.
  14. 17  4. This section does not apply to a person who maintains
  15. 18  authorization from the federal government to be present in the United
  16. 19  States.
  17. 20  5. Any record that relates to the immigration status of a person
  18. 21  is admissible in any court of this state without further foundation or
  19. 22  testimony from a custodian of records if the record is certified as
  20. 23  authentic by the federal government agency that is responsible for
  21. 24  maintaining the record. A verification of an alien’s immigration status
  22. 25  received from the federal government pursuant to 8 U.S.C. Section
  23. 26  1373(c) shall constitute proof of that alien’s status. A court of this state
  24. 27  shall consider only the federal government’s verification in
  25. 28  determining whether an alien is lawfully present in the United States.
  26. 29  6. An alien unlawfully present in the United States who is in
  27. 30  violation of this section shall be guilty of a class C misdemeanor.

    „

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Tags: Immigraiton, Missouri Senate, Will Kraus .

ALABAMA/ARIZONA Like Law Passes out of committee despite only 1 person testifying in favor of the law

Posted on January 25, 2012 by Angie Williams Posted in Immigration, Jason Smith (R-MO House), List of Shame, Missouri Senate, Other Appalling State Legislation, Politicians making things worse, Sen. Brian Nieve (MO State Senate-R), Sen. Will Kraus (MO State-R), State Based Immigration Laws, Supremacy Clause, Wasting Money .

SB590 – Modifies the law relating to unlawfully present aliens..

 

I sometimes don’t know why I bother because people like Will Kraus and Brian Nieves are going to do whatever  they want anyways.  It did not matter to the members that voted to pass this out of committee that only 1 person testified in favor of the law and 60 plus people  against, with at least 15 testifying live and at least 40 more who did not get to testify live because of time but submitted written testimony.

People like Will Kraus do not represent the people; they represent themselves.  They do not care that this is going to created a giant unfunded mandate on both the schools and the police that will cost untold number of dollars. They also don’t care that if it passes Missouri is guaranteed to be sued, just like all of the other states who have passed similar law.  Missouri will have to spend millions of dollars defending a suit that is already being fought elsewhere.

 

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Tags: Failure to Represent his Constituents, General Laws, Liers, Missouri Senate, Waste of MOney, Will Kraus .

ACTION ALERT: English Only DL Tests proposed in MO, Hearing to be held Jan 25, 2012 at 5pm in Jeff City, House Hearing RM 7

Posted on January 24, 2012 by Angie Williams Posted in Barney Fisher (R-MO House), Bart Karman (R-MO House), Chuck Gastenberger (R-MO House), Immigration, Jason Smith (R-MO House), List of Shame, Mike Kelley (R-MO House), Missouri House of Representatives, Other Appalling State Legislation, Politicians making things worse, Rep. Jerry Nolte (MO State Rep-R), State Based Immigration Laws, State's Rights, Supremacy Clause, Wanda Brown (R-Mo House), Wasting Money .

 

Again the Missouri House is trying to push the English only driver’s license exam, user the guise that it will protect Missouri from “illegals” obtaining Driver’s License.  The fact is  is that “illegals” cannot get Driver’s Licenses (since 2005) without actually committing the crimes of identify theft and document fraud because you have to have proof of your legal status in the United States.  This bill will not hurt undocumented people who already cannot get licenses but would hurt 100% legal immigrants and refugees.  It would also put all Missouri Driver’s at risk because it will mean that there will be more unlicensed driver’s on the street.  While driver’s licenses are a privilege not a right, the fact is that in this day and age and and especially in Missouri where there is barely public transportation in Major Cities and none in smaller towns and in more rural areas, people need to drive and will drive even if it means driving without a license because their English is not good enough to pass a written multiple choice exam.  Passing that exam in English does not make you a better or safer driver than passing it in any other language.  Our Street signs are made so that they require a minimal amount of actual reading.  Furthermore, the state provides a way for someone who is illiterate to take the exam by having someone read the questions to them.  So how is someone who cannot read at all but can pass the exam through having it given orally more safe to drive than someone who studies and learns the rules of the road in their own language and passes that exam in their own language?  This is a red herring.  It will not keep undocumented folks from getting DL’s and will punish legal immigrants making more unlicensed drivers and probably more uninsured driver’s a a result.

There is a hearing about this bill on January 25, tomorrow, at 5:00 pm in Jefferson City on the 2 proposed bills (really the same bill, I don’t know why there are 2 different bills)HB 1147 and HB1186.  The hearing is at 5:00 pm, in House Hearing Room 7 in the International Trade and Job Creation Committee.  Chaired by none other than the king of bad immigration laws in Missouri, Jerry Nolte.

I am listing the home pages of all committee members so you can email or call their office if you cannot attend in person.  Please take 5 minutes and do this because it is for sure the anti-immigration people are calling and e-mailing to express support.  You only need to say you do not support the bills and hope the reps will not either.  Easy Peasy.

“My name is ___________.  I am calling to urge Representative ______ to vote against HB 1147 and 1186 that would allow Missouri Driver’s License Exams only to be given in English.  This would not impact illegal immigrants in Missouri and only harm those who are legal.  It will create more unlicensed and uninsured drivers and harm businesses especial in smaller towns and rural areas where there is no public transportation. ”  That’s it.  Of course you can add if you want but it can be as simple as that.

Jerry Nolte, Chair Republican District 33

John McCaherty, Republican District 090, Vice Chair

TJ Berry, Republican, District 035

Rick Brattin, Republican, District 124

Jeff Grisamore, Republican District 047

Mike Kelley, Republican, District 126

Karla May, Democrat, District 057

Tracy McCreery, Independent, District 083

Kevin McManus, Democrat District 046

Judy Morgan, Democrat District 039

Mark Parkinson, Republican District 016

Scott Sifton, Democrat 096

Sheila Solon, Republican District 055

Zachary Wyatt, Republican District 002

Sponsors not on Committee:

Chuck Gatschenberger, Republican District 013

Wanda Brown, Republican, District 116

Barney Fisher, Republican District 125

Jason Smith, Republican, District 150

Bart Korman, Republican, District 099

Mike Kelley, Republican, District 126

Here is my article about the bad bills last year including an identical one to these proposing English Only DL tests.  The bill was defeated and they are trying again.  Originally published in Missouri Lawyers Weekly on February 21, 2011.

Keep reading for the test of the bills or click on the links above.

Do Missouri Law Makers Hate LEGAL Immigrants?

by Angela L. Williams

I continue to be outraged today. There are several bills that are pending in the Missouri house and senate that are taking aim at legal immigrants and proposing to turn Missouri into a state that does not welcome legal immigrants: House Bills 167, 168 & 206.  House bill 167 would require that driver’s license tests be only given in English with no interpreter allowed. House Bill 168 (also see Senate bill 195) would require that all non-citizen drivers shall have a special emblem on their driver’s license designating them as non citizens, and House Bill 206 proposes that business entities or employers that hire illegal immigrants subject to a $50,000 fine.

 This is why you should be outraged too. As this debate about what to do about immigration rages on and becomes more and more heated and violent, one thing that I have heard from opponent of immigration reform say, up until now at least, is that they have no problem with LEGAL immigrants. These bills fly in the face of even that notion. These bills clearly states to the entire world, “If you weren’t born here, we don’t want you in Missouri.”  None of these bills addresses a real concern of security, undocumented immigrants or even road safety.  I am appalled and embarrassed to be a Missourian with these kind of obviously hate driven legislation pending. 

 HB 167, the English only Driver’s exam test, purports to protect the safety of Missouri roads so the applicant of a Missouri Driver’s License  “can demonstrate his or her ability to sufficiently understand highway traffic signs and safety warnings.”  However this is so much thinly veiled nonsense.  I fail to see how studying for taking and passing the test in English shows a greater understanding of the rules of the road than studying for, taking and passing the test in any other language.  And a quick perusal through the study guide shows that specially shaped and colored signs using pictures and rarely a word or two designate signs and safety warnings.  No one needs to be able to read full sentences in order to know how to recognize a Stop sign or a Yield Sign or a Dangerous Curve Ahead sign.   Driving Signs are standardized exactly for this reason, so anyone, even someone who cannot read can understand warnings. 

 This is actually going to create more unlicensed drivers not more driver’s that speak English. Similarly, the Federal Government does not require that people speak English to become a Lawful Permanent Resident or to hold any of the other types of visas that are available.  In order to become a US Citizen people need only pass a basic exam in English that does not rise near to the level necessary to study for and pass the Driver’s License exam. See 8 USC § 1423(a)(1) And even then if you are over a certain age and have held your green card for more than 15-20 years or have a physical or mental disability you do not have to pass the English test. See 8 USC §1423(b)(1) & (2) To me this is a thinly veiled attempt to make life for immigrants more difficult. This law is meant to exclude immigrants from driving, thus making it more difficult to obtain and maintain employment and support their families and to continue to live in Missouri. And know here I am talking about 100% legal immigrants. Since July 1, 2005 undocumented folks are already excluded from obtaining a driver’s license no matter what language they speak so this is directly aimed at those immigrants who “waited in line,” “went through the process” and “did it legally,” all phrases that the anti-reform lobby likes to throw around.

Similarly HB 168 would “Require any driver’s license, commercial driver’s license, non-driver’s license, or instruction permit issued to a noncitizen who is lawfully present in the U. S. to include a noncitizen status emblem” What does that sound like to you? In September of 1941 German Law began requiring that any Jewish person over the age of 6 must wear a badge identifying themselves as such when outside the house. The point was to mark that group of people as different and thus worthy of scorn. Is this what we have come to? I am so sad and disgusted by the mere introduction of this law that I am almost speechless. Rep Steve King’s recent introduction of a federal bill that would strip the citizenship of millions of children born of undocumented parents is frighteningly close to the Nuremburg laws stripping German born Jews of German Citizenship simply for being born into a Jewish household. This frightening nativist and extremist move to intolerance and violent rhetoric is going to lead to nothing but a human right disaster. Whereas HB 167 attempts to offer a reason of safety to justify its existence, HB 168 offers no such evidence.  I can think of no reason anyone would need to know whether someone is a citizen or not.  Having this special symbol automatically sets the immigrant apart.  I can think of only discriminatory consequences that could come of marking noncitizens.  Anytime they have to present their driver’s license there non-citizen status will be displayed and put them at the mercy whoever is looking at their license. I see no reason for either of these laws except to exclude and marginalize legal immigrants and put them in an “other” status in society. It is saying to legal immigrants that you are not welcome in Missouri and you are less than.

 Finally HB 206 would impose a fine on employers for hiring someone not authorized to work in the United States is also problematic and I fear will cause employers to be leery of hiring legal immigrants for fear of this penalty. There is no definition, no indication on who will determine the legal status of the workers, what agency or entity will administer this program. The term “unauthorized alien” is not even a term that is used in the immigration laws.  The fact that the author cannot even get the terminology correct shows that states have no business trying to write laws dealing with immigration.  Immigration is a complex highly specialized area of law that most practitioners do exclusively.  It is not an area you can dabble in and be successful.  Similarly, when State legislators, who have no knowledge, experience or understanding of the complexity of Federal immigration law try their hand at writing laws pertaining to this complicated field we get dangerously ambiguous statutes that threaten the jobs of people legally authorized to work.  Currently Immigration and Customs Enforcement handles workplace audits and accountability and the lengthy process that ICE goes through in determining a worker’s legal status is onerous and complex. Missouri state officials do not have the training or expertise or the authority to make a determination on someone legal status. I fear that even people authorized to work will be victimized in Missouri if this law passes because employers will fear this penalty and decide simply not to hire foreign workers.

I am so saddened by these bills and the undercurrent of hatred, intolerance and exclusion that seems to be sweeping our society. I fear if we do not take a stand against this type of blatant bigotry, violent rhetoric and unapologetic exclusionism one day we will wake to find an America we do not recognize.  Sadly this problem is not going away and it appears to me that no politician, state of federal is really interested in seeing this system fixed.  And why would they be, conservative politicians would lose politically charged buzz phrases guaranteed to ignite peoples anger and stop people’s independent thought and liberal politicians would actually have to take a stand on something and risk an election.  In my lifetime, I have not seen another issue enrage people and cause them to lose the ability to think so completely than the issue of immigration.  The solution is common sense reform that fixes what is broken rather than laws that serve no purpose except to discriminate and alienate already legal immigrants.

Test of HB1147 English only Tests

Section A. Section 302.173, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 302.173, to read as follows:

            302.173. 1. Any applicant for a license, who does not possess a valid license issued pursuant to the laws of this state, another state, or a country which has a reciprocal agreement with the state of Missouri regarding the exchange of licenses pursuant to section 302.172 shall be examined as herein provided. Any person who has failed to renew such person’s license on or before the date of its expiration or within six months thereafter must take the complete examination. Any active member of the armed forces, their adult dependents or any active member of the peace corps may apply for a renewal license without examination of any kind, unless otherwise required by sections 302.700 to 302.780, provided the renewal application shows that the previous license had not been suspended or revoked. Any person honorably discharged from the armed forces of the United States who held a valid license prior to being inducted may apply for a renewal license within sixty days after such person’s honorable discharge without submitting to any examination of such person’s ability to safely operate a motor vehicle over the highways of this state unless otherwise required by sections 302.700 to 302.780, other than the vision test provided in section 302.175, unless the facts set out in the renewal application or record of convictions on the expiring license, or the records of the director show that there is good cause to authorize the director to require the applicant to submit to the complete examination. No applicant for a renewal license shall be required to submit to any examination of his or her ability to safely operate a motor vehicle over the highways of this state unless otherwise required by sections 302.700 to 302.780 or regulations promulgated thereunder, other than a test of the applicant’s ability to understand highway signs regulating, warning or directing traffic and the vision test provided in section 302.175, unless the facts set out in the renewal application or record of convictions on the expiring license, or the records of the director show that there is good cause to authorize the director to require the applicant to submit to the complete examination. The examination shall be made available in each county. Reasonable notice of the time and place of the examination shall be given the applicant by the person or officer designated to conduct it. The complete examination shall include a test of the applicant’s natural or corrected vision as prescribed in section 302.175, the applicant’s ability to understand highway signs regulating, warning or directing traffic, the applicant’s practical knowledge of the traffic laws of this state, and an actual demonstration of ability to exercise due care in the operation of a motor vehicle of the classification for which the license is sought. Examinations conducted under the authority of this section shall only be administered in the English language so that the applicant can demonstrate his or her ability to read the English language sufficiently to understand highway traffic signs and safety warnings. The director shall neither supply nor permit the use of foreign language interpreters in connection with the written or driving tests required under this section. When an applicant for a license has a license from a state which has requirements for issuance of a license comparable to the Missouri requirements or a license from a country which has a reciprocal agreement with the state of Missouri regarding the exchange of licenses pursuant to section 302.172 and such license has not expired more than six months prior to the date of application for the Missouri license, the director may waive the test of the applicant’s practical knowledge of the traffic laws of this state, and the requirement of actual demonstration of ability to exercise due care in the operation of a motor vehicle. If the director has reasonable grounds to believe that an applicant is suffering from some known physical or mental ailment which ordinarily would interfere with the applicant’s fitness to operate a motor vehicle safely upon the highways, the director may require that the examination include a physical or mental examination by a licensed physician of the applicant’s choice, at the applicant’s expense, to determine the fact. The director shall prescribe regulations to ensure uniformity in the examinations and in the grading thereof and shall prescribe and furnish all forms to the members of the highway patrol and to other persons authorized to conduct examinations as may be necessary to enable the officer or person to properly conduct the examination. The records of the examination shall be forwarded to the director who shall not issue any license hereunder if in the director’s opinion the applicant is not qualified to operate a motor vehicle safely upon the highways of this state.

            2. Beginning July 1, 2005, when the examiner has reasonable grounds to believe that an individual has committed fraud or deception during the examination process, the license examiner shall immediately forward to the director all information relevant to any fraud or deception, including, but not limited to, a statement of the examiner’s grounds for belief that the person committed or attempted to commit fraud or deception in the written, skills, or vision examination.

            3. The director of revenue shall delegate the power to conduct the examinations required for a license or permit to any member of the highway patrol or any person employed by the highway patrol. The powers delegated to any examiner may be revoked at any time by the director of revenue upon notice.

            4. Notwithstanding the requirements of subsections 1 and 3 of this section, the successful completion of a motorcycle rider training course approved pursuant to sections 302.133 to 302.137 shall constitute an actual demonstration of the person’s ability to exercise due care in the operation of a motorcycle or motortricycle, and no further driving test shall be required to obtain a motorcycle or motortricycle license or endorsement.

 

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Tags: English Only Driver's License, HB1147, HB1186, Jerry Nolte, Missouri House .

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