MOTOR VEHICLES & TRANSPORTATION



CCS/HCS/SS/SCS/SB 470 -Modifies various provisions relating to transportation. Subjects addressed include:

DYED FUEL

TRANSPORTING RADIOACTIVE MATERIALS

THE BIENNIAL REGISTRATION OPTION FOR LARGER VEHICLES

THE UNIFORM COMMERCIAL DRIVER’S LICENSE ACT

COMMERCIAL DRIVER’S LICENSE MEDICAL CERTIFICATION COMPLIANCE

MOVE OVER LAW – Amends Missouri’s move over law so that drivers of motor vehicles approaching stationary emergency vehicles or vehicles owned by the commission and operated by Department of Transportation employees displaying amber or amber and white lights shall proceed with caution by making a lane change away from the stationary vehicle, if possible.

USE OF MUNICIPAL STREETS – Requires municipalities to allow at least one route, with lawful traffic movement and access from both directions, to be available for use by commercial motor vehicles to access any roads in the state highway system. No municipality may pass an ordinance that denies the use of commercial motor vehicles on all routes within the municipality. This provision may be found in the truly agreed to versions of SB 480 and HB 1402 (2012).

KANSAS CITY COMMERCIAL ZONE

HOUSEHOLD GOODS MOVERS – Modifies provisions relating the regulation of household goods movers.

TEMPORARY PERMIT TAGS – This act modifies the process for issuing temporary permits to motor vehicle owners.

MISSOURI AUTO INSURANCE PLAN – This act amends Missouri Auto Insurance Plan (Missouri’s automobile insurance residual market mechanism) law so that insurance companies that op-out from servicing their share of high risk drivers shall be assessed a fee based on the insurance company’s market share.

PROVIDES A SALES TAX EXEMPTION FOR CERTAIN VEHICLES

RECREATIONAL OFF-HIGHWAY VEHICLES – This act modifies the definition of recreational off-highway vehicle as found in Section 301.010.

PURCHASE OF ADDITIONAL THIRD LICENSE PLATE

SPECIAL EVENT MOTOR VEHICLE AUCTION LICENSE

APPLICATION FOR A VETERAN DESIGNATION ON DRIVER LICENSE

EXPANDS THE GROSS WEIGHT LIMITATION FOR CERTAIN VEHICLES

FAILURE TO APPEAR IN COURT – Under current law, if a person fails to timely dispose of a traffic ticket, the court will notify the Director of Revenue of such fact and the director will suspend the offender’s license until the person settles the matter by paying the fines and applicable court costs. Upon proof of disposition of the charges, and payment of a reinstatement fee, the director will return the license and remove the suspension from the person’s driver’s record. This act modifies this provision so that a commercial motor vehicle operator or a holder of a commercial driver’s license will not be eligible to have such a suspension removed from his or her driving record. (Signed 7/12/12)

CCS/HCS#2/SCS/SB 480 - This act modifies various provisions relating to the regulation of motor vehicles and transportation; including:

BI-STATE FARE EVASION - This act requires persons convicted of failing to pay a fare for the use of Bi-State Development Agency facilities and conveyances to reimburse the reasonable costs attributable to the enforcement, investigation and prosecution of such offense to the agency.

A SALES TAX EXEMPTION FOR CERTAIN VEHICLES - Designation of a portion of Interstate 70 in the state of Missouri as the “Purple Heart Trail.”

FEES FOR HAULING OF RADIOACTIVE WASTE

RECREATIONAL OFF-HIGHWAY VEHICLE DEFINITION

MAKES CHANGES TO THE UNIFORM COMMERCIAL DRIVER’S LICENSE ACT

COMMERCIAL DRIVERS LICENSE MEDICAL CERTIFICATION COMPLIANCE

MAKES CHANGES RELATING TO OUTBOARD MOTOR TITLES

MISSOURI AUTO INSURANCE PLAN - Amends Missouri Auto Insurance Plan (Missouri’s automobile insurance residual market mechanism) law so that insurance companies that op-out from servicing their share of high risk drivers shall be assessed a fee based on the insurance company’s market share.

 Provides for the following special license plates:

NATIONAL WILD TURKEY FEDERATION

NRA

AMERICAN RED CROSS

COLLEGIATE SPECIALTY LICENSE PLATES - Under the terms of this act, only community colleges or other institutions of higher education located in Missouri may authorize its official emblem to be use on specialty license plates. Prohibits collegiate or university specialty license plates from being established under the administrative process set forth in section 301.3150.
 Modifies provisions relating to the “CASS COUNTY - THE BURNT DISTRICT” special license plate.
 The act further specifies that prior to the issuance of the specialty personalized plate, the Department of Revenue must be in receipt of an application as prescribed by the department director and be accompanied by a list of at least 200 potential applicants, the proposed art design for the specialty plate, and an application fee not to exceed $5,000.

USE OF MUNICIPAL STREETS – Requires municipalities to allow at least one route, with lawful traffic movement and access from both directions, to be available for use by commercial motor vehicles to access any roads in the state highway system. No municipality may pass an ordinance that denies the use of commercial motor vehicles on all routes within the municipality.

RECREATIONAL OFF-HIGHWAY VEHICLES - This act modifies the definition of recreational off-highway vehicle as found in Section 301.010.

DISTRIBUTION AND USE OF TAXES USED FOR ROAD AND BRIDGE PURPOSES - This act amends the statutes to effectuate a settlement reached as a result of the decision handed down in Gladstone Special Road District No.3 of Clay County v. Clay County, 248 S.W.3d 60 (Mo. App. 2008).

AMENDS MISSOURI COMMUNITY IMPROVEMENT DISTRICT ACT

DESIGNATES THE DARRELL B. ROEGNER MEMORIAL HIGHWAY - Designates a portion of Interstate 29 in Platte County as the “Trooper Fred F. Guthrie Jr. Memorial Highway”.

See Criminal Law for additional provisions relating to:

IGNITION INTERLOCK ENHANCED REQUIREMENTS

FAILURE TO APPEAR IN COURT TO TIMELY DISPOSE OF A TRAFFIC TICKET

COMMUNITY SERVICE REQUIREMENTS FOR PRIOR AND PERSISTENT OFFENDERS (Signed 7/10/12)

HCS/SCS/SB 485 – Includes provisions relating to liens on aircraft and aircraft parts and equipment, watercraft, motor vehicle and trailer liens. (See Commercial Law for a more complete summary of this bill). (Signed 7/10/12)

HCS/SCS/SB 563 - This act modifies provisions relating to higher education.

HIGHER EDUCATION INSTITUTION LICENSE PLATES - Only a community college, four-year public or private institution of higher education, or foundation or organization representing the institution located in Missouri may itself authorize, or by the director of revenue be authorized, to use the school’s official emblem to be affixed on multiyear personalized license plates. This act also requires applications for certain license plates be reviewed in the same legislative session in which the application is reviewed. (See Education & School Law for a summary of additional provisions of this omnibus bill). (Signed 7/5/12)

CCS/HCS/SB 568 - Modifies various provisions relating to transportation. Subjects addressed include:

MOVE OVER LAW - Amends Missouri’s move over law so that drivers of motor vehicles approaching stationary emergency vehicles or vehicles owned by the commission and operated by Department of Transportation employees displaying amber or amber and white lights shall proceed with caution by making a lane change away from the stationary vehicle, if possible.

TEMPORARY PERMIT TAGS -Modifies the process for issuing temporary permits to motor vehicle owners.

ENACTS CHANGES IN TRANSPORTATION DEFINITIONS FOR SALES TAX PURPOSES
EXPANDS THE KANSAS CITY COMMERCIAL ZONE
CHANGES STANDARDS FOR REBUILT SALVAGE VEHICLES INSPECTION
REVISIONS TO THE UNIFORM COMMERCIAL DRIVER’S LICENSE ACT
COMMERCIAL DRIVER’S LICENSE CDL MEDICAL CERTIFICATION COMPLIANCE
SALVAGE TITLE - CLAIMS ADJUSTMENT PROCESS - Under the terms of this act, any insurer which purchases a vehicle that is currently titled in Missouri through the claims adjustment process for which the insurer is unable to obtain a negotiable title, may make application to the Department of Revenue for a salvage certificate of title or junking certificate. The application may be made by the insurer or its designated salvage pool on a form provided by the department and signed under penalty of perjury. The application shall include a declaration that the insurer has made at least 2 written attempts to obtain the certificate of title, transfer documents, or other acceptable evidence of title, and be accompanied by proof of claims payment from the insurer, evidence that letters were delivered to the vehicle owner, a statement explaining the circumstances by which the property came into the insurer’s possession, a description of the property including the year, make, model, vehicle identification number, and current location of the property, and a fee of $8.50. The insurer shall, 30 days prior to making application for title, notify any owners or lienholders of record for the vehicle that the insurer intends to apply for a certificate of title from the director for the vehicle. Upon receipt of the application and supporting documents, the director shall search the records of the department to verify the name and address of any owners and any lienholders. After 30 days from receipt of the application, if no valid lienholders have notified the department of the existence of a lien, the department shall issue a salvage certificate of title or junking certificate for the vehicle in the name of the insurer. This provision may be found in the truly agreed to version of HB 1150 (2012).

GROSS WEIGHT LIMITATION FOR CERTAIN VEHICLES

MAKES CHANGES IN REQUIREMENTS OF CERTIFICATE OF TITLE FOR NEW OUTBOARD MOTORS

BOATING SAFETY IDENTIFICATION CARD - Under this act, any person or company that rents or sells vessels may issue temporary boating safety identification cards to nonresidents to operate rented vessels or vessels being considered for sale, for a period of up to 7 days, provided that the individual meets the minimum age requirements for operating a vessel in this state.

FAILURE TO APPEAR IN COURT - Under current law, if a person fails to timely dispose of a traffic ticket, the court will notify the director of revenue of such fact and the director will suspend the offender’s driver’s license until the person settles the matter by paying the fines and applicable court costs. Upon proof of disposition of the charges, and payment of a reinstatement fee, the director will return the license and remove the suspension from the person’s driver’s record. This act modifies this provision so that a commercial motor vehicle operator or a holder of a commercial driver’s license will not be eligible to have such a suspension removed from his or her driving record (Section 302.341). (Signed 7/12/12)

CCS/SB 611 - This act modifies various provisions relating to the regulation of transportation.

MINIMAL YELLOW LIGHT STANDARDS - This act requires the Department of Transportation to establish minimal yellow light change interval times for traffic-control devices.

MOVE OVER LAW - This act amends Missouri’s move over law so that drivers of motor vehicles approaching stationary emergency vehicles or vehicles owned by the commission and operated by Department of Transportation employees displaying amber or amber and white lights shall proceed with caution by making a lane change away from the stationary vehicle, if possible. Further modifies the definition of “emergency vehicle” to include any vehicle owned by the commission and operated by a Department of Transportation employee that is marked as an emergency response or motorist assistance vehicle (Section 304.022). (Signed 7/9/12)

CCS/HCS/SB 628 - Modifies provisions relating to the judiciary. Includes provisions relating to:
DRIVER’S REGISTRATION AND MOTOR VEHICLE RECORDS - Currently, the Department of Revenue is prohibited from releasing the home address or any other information contained in the Department’s motor vehicle or driver registration records for specified groups of individuals. This act adds any state or federal judge or his or her immediate family members to those groups. The act also limits the information withheld to the home address and information that identifies a vehicle owned by an individual in the specified groups. There is an exception allowing for release of the protected information to government agencies in carrying out their functions. (See Judicial Administration for a summary of additional provisions of this omnibus bill). (Neither signed nor vetoed. Becomes law pursuant to Article III, Section 31, Missouri Constitution).

CCS/HCS/SCS/SB 635 - Modifies the law relating to financial institutions, school funds, private roads, real estate appraisal, agricultural education programs, liens, and state purchasing preferences.
 Currently, on a refinance of a loan secured by a watercraft, motor vehicle, or trailer, a lien is perfected by delivering the notice of lien to the director of revenue. The act modifies this provision only to apply to refinances by different lenders on prior loans. (See Commercial and Property Law for a summary of additional provisions of this omnibus bill). (Vetoed 7/12/12)

CCS/HCS/SB 636 - This act modifies laws relating to the judiciary.

DRIVER’S REGISTRATION AND MOTOR VEHICLE RECORDS - (See summary of HCS/SB 628 (2012), supra).

FAILING TO PAY BI-STATE DEVELOPMENT AGENCY FARE - Persons convicted of failing to pay the fare for use of Bi-State Development Agency facilities and conveyances may be required to reimburse the reasonable costs attributable to the enforcement, investigation and prosecution of such offense to the agency. (See Family & Juvenile Law, Criminal Law and Judicial Administration for a summary of additional provisions of this bill). (Signed 7/12/12)

CCS#2/SS/SCS/SB 719 - Modifies various provisions relating to the regulation of transportation. Includdes provisions relating to:

TEMPORARY BOATING SAFETY IDENTIFICATION CARDS – Issued by any person or company that rents or sells vessels or vessels being considered for sale, for a period of up to 7 days, provided that the individual meets the minimum requirements for operating a vessel in this state.

MOTORCYCLE RIDER TRAINING COURSE EXEMPTION – Upon the successful completion of a military motorcycle rider training course that meets or exceeds the Motorcycle Safety Foundation curriculum standards by an applicant who is an active member of the U.S. armed forces.

OUTBOARD MOTOR TITLES

SELLING OR ADVERTISING IN STATE PARKS – An exception is created for the normal and customary use of public roads by commercial and noncommercial entities for the purpose of transporting person or vehicles, including but not limited to, canoes. This portion of the act is subject to an emergency clause. (Signed 7/12/12)

HB 1141 -Modifies the laws regarding the “Don’t Tread on Me” special license plate. The act specifies the detailed design of the plate by going into a painstaking description of what the Gadsen snake must look like and a description of the grass on which it sits. (Signed 7/6/12)

SS/SCS/HCS/HB 1150 - Modifies various provisions relating to the issuance of certificates of title for motor vehicles. Also modifies laws governing the perfection of automobile, boat and aircraft liens.
 Under the terms of this act, owners of rebuilt salvage vehicles which are 10 years of age or older who submit such vehicles to examinations conducted by the Highway Patrol in order to obtain certificates of ownership with prior salvage motor vehicle designations are not required to repair or restore such vehicles to their original appearance in order to pass or complete the vehicle examination.
 Under the terms of this act, any insurer which purchases a vehicle that is currently titled in Missouri through the claims adjustment process for which the insurer is unable to obtain a negotiable title, may make application to the department of revenue for a salvage certificate of title or junking certificate. The insurer shall, 30 days prior to making application for title, notify any owners or lienholders of record for the vehicle that the insurer intends to apply for a certificate of title from the director for the vehicle. After 30 days from receipt of the application, if no valid lienholders have notified the department of the existence of a lien, the department shall issue a salvage certificate of title or junking certificate for the vehicle in the name of the insurer.

PERFECTION OF AUTO AND BOAT LIENS - Under the terms of this act, on a refinance by a different lender of a prior loan secured by a motor vehicle, outboard motor, watercraft etc., the lien is perfected by delivering notice of lien to Director of Revenue.

AIRCRAFT LIENS - Persons who perform labor on aircrafts and their parts and equipment who obtain a written memorandum of the work or material furnished signed by the owner, the owner’s authorized agent, or a person in lawful possession of the property have a lien on such property. Persons who perform labor on parts or equipment of aircrafts may have a lien on the item if labor is performed at a written request of an owner that contains the maximum amount to be charged. Aircraft liens are required to be filed 180 days after surrendering the property. (Signed 7/10/12)

SS/SCS/HB 1251 - RECREATIONAL OFF-HIGHWAY VEHICLES - Modifies the definition of recreational off-highway vehicle (OHV) by increasing the width and weight limit of the vehicle. Recreational OHVs shall not be operated on highways with certain specified exceptions.

COMMERCIAL THOROUGHFARES IN MUNICIPALITIES - Under current law, municipalities may enact ordinances that limit the use of certain designated streets to passenger vehicles. This act modifies this authorization by requiring municipalities to allow at least one street, with lawful traffic movement and access from both directions, to be available for use by commercial motor vehicles to access any roads in the state highway system. No municipality may pass an ordinance that denies the use of commercial motor vehicles on all streets within the municipality. (See Environmental & Energy Law for a summary of additional provisions in this omnibus bill). (Signed 7/10/12)

SS/HCS/HB 1329

TEMPORARY PERMIT TAGS -Modifies the process for issuing temporary permits to motor vehicle owners. The Director of Revenue shall direct motor vehicle dealers and authorized agents to obtain temporary permits from an authorized producer. Dealers may not charge more than $5.00 for each permit it issues (down from $7.50).
 Allows the director to reissue and extend the use of a temporary permit during the time period a title and registration are being obtained. Under the terms of the act, upon the issuance of a temporary permit, the director shall make the temporary permit information immediately available to the law enforcement community of the state of Missouri.

SALES TAX ON OUT-OF STATE MOTOR VEHICLE PURCHASES - Provides that local sales tax shall be imposed on the sale of all motor vehicles, trailers, boats and outboard motors, within the boundaries of the state or outside the boundaries of the state, if they are required to be registered with the director of revenue. The act specifically abrogates the Missouri Supreme Court’s holding in Craig A. Street v. Director of Revenue to the extent that local sales taxes are inapplicable to out-of-state purchases of motor vehicles, trailers, etc. These provisions are subject to an emergency clause. (Vetoed 7/12/12)

CCS/SS/SCS/HCS/HB 1402 -Modifies various provisions relating to the regulation of transportation.

HOUSEHOLD GOODS MOVERS - Modifies provisions relating to the regulation of household goods movers.

USE OF MUNICIPAL STREETS -USE OF MUNICIPAL STREETS - Under current law, municipalities may enact ordinances that limit the use of certain designated streets to passenger vehicles. This act modifies this authorization by requiring municipalities to allow at least one route, with lawful traffic movement and access from both directions, to be available for use by commercial motor vehicles to access any roads in the state highway system. No municipality may pass an ordinance that denies the use of commercial motor vehicles on all routes within the municipality. This provision may be found in the truly agreed to version of SB 480 (2012) and SB 656 (2012).

MODIFIES MEMBERSHIP AND REPORTING REQUIREMENTS OF THE JOINT COMMITTEE ON TRANSPORTATION OVERSIGHT
BI-STATE FARE EVASION - This act requires persons convicted of failing to pay a fare for the use of Bi-State Development Agency facilities and conveyances to reimburse the reasonable costs attributable to the enforcement, investigation and prosecution of such offense to the agency.
FAILURE TO APPEAR IN COURT - Under current law, if a person fails to timely dispose of a traffic ticket, the court will notify the director of revenue of such fact and the director will suspend the offender’s driver’s license until the person settles the matter by paying the fines and applicable court costs. Upon proof of disposition of the charges, and payment of a reinstatement fee, the director will return the license and remove the suspension from the person’s driver’s record. This act modifies this provision so that a commercial motor vehicle operator or a holder of a commercial driver’s license will not be eligible to have such a suspension removed from his or her driving record. This provision may be found in the truly agreed to versions of SB 470, SB 480, SB 568 (2012) and HB 430 (2011).

UNIFORM COMMERCIAL DRIVER’S LICENSE ACT - Adds new definitions to Uniform Commercial Driver’s License Act and makes modifications to current definitions relating to commercial driver license requirements to comply with Federal Motor Carrier Safety regulations and support the implementation of the federal rule labeled “Medical Certification Requirements as part of the CDL”.


CDL MEDICAL CERTIFICATION COMPLIANCE - This act implements a Federal Motor Carrier Safety Regulation known as “Medical Certification Requirements as part of the CDL”. This act requires commercial driver license applicants to complete certain self-certifications and submit required medical examiner certification documents when applicable.
 The CDL medical certification compliance sections shall become effective on the date the director begins accepting commercial driver license medical certifications or on May 1, 2013, whichever occurs first.

The other provisions included relate to:
NONRESIDENT VIOLATOR COMPACT
DYED FUEL
A SALES TAX EXEMPTION FOR CERTAIN MOTOR VEHICLES AND TAILERS
MODIFIES THE DEFINITION OF A RECREATIONAL OFF-HIGHWAY VEHICLE AND LAWS RELATING TO WHEN SUCH VEHICLES MAY BE OPERATED ON HIGHWAYS - A person operating a recreational off-highway vehicle on a highway shall have a valid operator’s or chauffeur’s license.
 Under the terms of the act, an individual shall not operate a recreational off-highway vehicle upon on a highway in this state without displaying a lighted headlamp and a lighted tail lamp. A person may not operate a recreational off-highway vehicle upon a highway of this state unless such person wears a seat belt. When operated on a highway, a recreational off-highway vehicle shall be equipped with a roll bar or roll cage construction to reduce the risk of injury to an occupant of the vehicle in case of the vehicle’s rollover.

STAGGERING OF DEALER LICENSES -DEALER BIENNIAL REGISTRATIONS - This act authorizes the director to issue a dealer’s license valid for a period of up to two years and to stagger the license periods for administrative efficiency and equalization of workload. This provision is similar to the one contained in the truly agreed to version of HB 430 (2011).

WHO MAY ACCOMPANY TEMPORARY INSTRUCTION PERMIT HOLDERS - This act expands the list of qualified persons who may accompany a temporary instruction permit holder who is under 16 years of age to include persons who are at least 25 years age, have been licensed for a minimum of three years and have received written permission from the parent or legal guardian to escort or accompany the driver.

ADMINISTRATIVE HEARINGS AT REGIONAL LOCATIONS - Amends Section 302.530 so that an administrative hearing to revoke or suspend a person’s license for an excessive blood alcohol content violation may be conducted at a regional location designated by the director rather than the county where the arrest was made.

EXPANDS THE KANSAS CITY COMMERCIAL ZONE

BOATING SAFETY IDENTIFICATION CARD - Under this act, any person or company that rents or sells vessels may issue temporary boating safety identification cards to nonresidents to operate rented vessels or vessels being considered for sale, for a period of up to 7 days, provided that the individual meets the minimum age requirements for operating a vessel in this state. The act requires businesses that issue temporary boating safety identification cards to transmit the applicant’s information and payment to the Missouri State Highway Patrol using an electronic online registration process developed and provided by the patrol. The act imposes a sunset date of December 31, 2022, on the nonresident temporary boating safety identification card program. This portion of the act contains an emergency clause.

LIABILITY INSURANCE FOR INSPECTION STATIONS - Requires official motor vehicle inspection and emission stations to have liability insurance to cover any possible damages to a vehicle during an inspection.

TRANSPORTATION DEFINITIONS - The act makes technical modifications to the terms “mobile scrap processor”, “scrap processor”, and “vanpool” as used in Chapter 301.

FLEET VEHICLE LICENSE PLATES - Under this act, a fleet owner of at least 50 fleet vehicles may apply for fleet license plates bearing a company name or logo. Under current law, any fleet owner could apply these types of plates regardless of how many fleet vehicles he or she owned.

DRIVEAWAY LICENSE PLATES - Places additional restrictions on the use of drive away license plates. The act makes the use of a revoked drive away license plate a class A misdemeanor.

DEPARTMENT INVESTIGATORS - Under the terms of this act, department investigators licensed as peace officers shall be deemed to be peace officers while conducting investigations into matters regarding motor vehicle registrations and any provisions relating to taxes, licenses or fees.

INSPECTION OF SALVAGE POOL OPERATOR PREMISES - Under the terms of this act, representatives from the Department of Revenue may inspect the premises of salvage pool operators.

VIN NUMBER/ODOMETER RECORDS - Under this act, motor vehicle dealers and public garage operators must maintain a record of a vehicle’s VIN number, odometer settings and other information for a period of 5 years (current law is 3 years).

FALSE STATEMENTS VIS-A-VIS MONTHLY SALES REPORTS - Any person who makes a false statement in a monthly sales report to the Department of Revenue is guilty of a class A misdemeanor.

MISUSE OF DEALER PLATES/SURRENDER OF PLATES - Allows any law enforcement officer or agent of the department to seize a dealer license plate or certificate of number if the officer or agent has probable cause to believe that it is being misused in violation of law.

PROCEDURE FOR REVOKING OR SUSPENDING A DEALER’S LICENSE - Provides that if a motor vehicle dealer who has his or her license suspended refuses to surrender his license and distinctive number license plates, then the department may direct a law enforcement officer to secure possession of the items.
 Establishes a new administrative procedure for revoking or suspending a motor vehicle dealer license in situations that are deemed to present a clear and present danger to the public welfare. For example, the director may suspend or revoke a dealer license under the new procedure if the dealer allows a corporate surety bond or irrevocable letter of credit to expire or be revoked without submitting replacement coverage. Alternatively, the failure to maintain a bona fide established place of business constitutes a ground for suspension or revocation. Suspension or revocation of a license under these grounds shall be administratively processed by the department through evidentiary hearings held by the director or the director’s designated agent (foregoes the administrative hearing commission process established for other types of offenses). The act sets forth the administrative procedure and notice requirements for the suspension or revocation of a license.

MOTOR VEHICLE ADVERTISING STANDARDS - This act clarifies that the terms “free” OR “at no cost” shall not be used in an advertisement if it requires the purchase of a motor vehicle to receive the free item, merchandise or service.

SALE OF 6 MOTOR VEHICLES OR MORE - Provides that any person, partnership, corporation, company, or association who violates the state law prohibiting the sale of six or more vehicles in a year without a license shall be guilty of a class D felony for a second or subsequent violation.

SPECIAL EVENT MOTOR VEHICLE AUCTION LICENSE - Allows the Department of Revenue to issue a special event motor vehicle auction license to an applicant for the purpose of auctioning motor vehicles if 90% or more of the vehicles are at least 10 years old or older. A report must be sent to the director within 10 days of the conclusion of the special event motor vehicle auction on a department-approved form specifying the make, model, year, and vehicle identification number of every vehicle included in the auction. Anyone violating this provision will be guilty of a class A misdemeanor and will be charged a $500 administrative fee payable to the department for each vehicle auctioned in violation of this provision. A special event motor vehicle auction will be considered a public motor vehicle auction for purposes of licensing and inspection of certain documents and odometer readings; however, the licensee will not be required to have a bona fide established place of business.

CRIMINAL HISTORY CHECKS TO OBTAIN LICENSE OR LIMITED DRIVING PRIVILEGES FOR CERTAIN OFFENDERS - Requires certain offenders to undergo criminal history checks in order to have their driver’s licenses reinstated or have limited driving privileges granted.
 This act provides a definition for the term “criminal history check” for the drivers’ license chapter.
 Under current law, the Department of Revenue is prohibited from issuing a driver’s license to anyone who has more than 2 driving while intoxicated convictions. However, a person may petition the court after 10 years from the date of the last conviction to have a new license issued. If, after reviewing the person’s record, it is found that the petitioner has not been convicted of alcohol-related offenses during the preceding 10 years, then the court may order the director to issue the petitioner a driver’s license.
 This act requires the court to review the results of a criminal history check prior to making that determination.
 Under current law, the Department of Revenue is prohibited from issuing a driver’s license to anyone convicted twice within a 5 year period of violating any driving while intoxicated law or any other intoxication-related traffic offense or to a person who has been convicted of the crime of involuntary manslaughter while operating a motor vehicle in an intoxicated condition. Under the terms of this act, after the expiration of 5 years from the date of the last conviction, a person may petition the court to have a new license issued. The court must review the petitioner’s record, including the results of a criminal background check, to determine whether the petitioner has not be convicted of and has no pending charges for alcohol-related offenses. If satisfied, the court may order the director to issue the petitioner a driver’s license.
 Persons who petition the court for a reinstatement of his or her driver’s license under this act must submit a criminal record review application with the Missouri State Highway Patrol. The petitioner shall submit 2 sets of fingerprints. One set of fingerprints will be used by the highway patrol to search the criminal history repository while the other set will sent to the FBI for searching the federal criminal history files. The person seeking a reinstatement of his or her license must pay all fees related to the criminal history check.
 The act makes similar provisions for those who apply for limited driving privileges (hardship license). Under the terms of the act, the court or the director must review the results of a criminal history check prior to granting any limited driving privilege to any person denied a license for a period of 10 years or any person that cannot obtain a license for a period of 5 years. If the court or director finds that the person applying for the limited driving privileges has been convicted or has pending charges for offenses related to alcohol, controlled substances, or drugs, during the preceding 3 years (for 10 year denial petitioners) or preceding 2 years (for 5 year denial petitioners), then the limited driving privilege shall be denied. The person who petitions the court for a limited driving privilege must submit a criminal record review application with the Missouri State Highway Patrol. The petitioner shall submit 2 sets of fingerprints. One set of fingerprints will be used by the highway patrol to search the criminal history repository while the other set will sent to the FBI for searching the federal criminal history files. The person seeking a reinstatement of his or her license must pay all fees related to the criminal history check.

PASSENGER VEHICLES - Repeals the provision prohibiting the operation of a motor vehicle that has a capacity of more than 5 passengers excluding the driver in intrastate commerce or more than 15 passengers including the driver in interstate commerce unless the vehicle is equipped and operated as required by specified federal regulations.

MUNICIPALLY OWNED VEHICLES - Modifies the provision of law which exempts municipally owned vehicles from the state registration laws and the requirement that vehicles display plates.
MISSOURI AUTO INSURANCE PLAN - Amends Missouri Auto Insurance Plan (Missouri’s automobile insurance residual market mechanism) law so that insurance companies that op-out from servicing their share of high risk drivers shall be assessed a fee based on the insurance company’s market share.
BILLBOARDS - Modifies the law with respect to billboard regulation.
 Local zoning authorities may prohibit the resetting of qualifying signs which fail to comply with local regulations.
 The act requires all signs to be subject to biennial inspection fees.

MINIMAL YELLOW LIGHT STANDARDS - Requires the Department of Transportation to establish minimal yellow light change interval times for traffic-control devices. The minimal yellow light change interval time shall be established in accordance with nationally recognized engineering standards set forth in the Manual on Uniform Traffic Control Devices, and any such established time shall not be less than the recognized national standard. This portion of the act is identical to SB 212 (2011).

THIRD LICENSE PLATE - Allows motorists to purchase an additional temporary license plate that matches an existing or newly issued plate to serve as a visible plate when a bicycle rack or other item obstructs the view of the actual plate.

PERFECTION OF AUTO AND BOAT LIENS - Under the terms of this act, on a refinance by a different lender of a prior loan secured by a motor vehicle, outboard motor, watercraft etc., the lien is perfected by delivering notice of lien to Director of Revenue. (Signed 7/10/12)

HB 1424 -Allows the Missouri State Highway Patrol to sell surplus watercraft, watercraft motors, and trailers in the same manner that the Highway Patrol may currently sell surplus highway patrol vehicles.
 Proceeds are used to purchase Highway Patrol motor vehicles, and may be used under this act to also purchase watercraft, and watercraft motors and trailers. (Signed 7/6/12)

*HCS/HB 1527 - Clarifies that the exemption of the debtor’s interest in motor vehicles applies to all motor vehicles owned by the debtor to a total of $3000 no matter the number of debtor owned motor vehicles which are used to reach the $3000 exemption amount. Clarifies that the exemption of a mobile home used by the debtor as a residence is $5000 when the mobile home is not attached to land which is also owned by the debtor; where the mobile home is attached to the land owned by the debtor the only exemption available to the debtor is that of the homestead exemption. It changes the exemption in public assistance programs to include all public assistance programs notwithstanding the source of the public assistance. It raises the age for dependents from 18 to 21 in the determination of the head of household exemption. Applies to bankruptcies filed on or after the effective date. Applies to executions served on or after the effective date. Drafted by The Missouri Bar’s Commercial Law Committee. (Signed 7/9/12)

SS/HCS/HB 1647 – Includes provisions relating to recreational off-highway vehicles. (See Local Government). (Signed 7/10/12)

SS/SCS/HB 1807, 1093, 1107, 1156, 1221, 1261, 1269, 1641, 1668, 1737, 1782, 1868 & 1878 - Enacts several provisions relating to highway designations and special license plates.

MUNICIPALLY OWNED VEHICLES - Modifies the provision of law which exempts municipally owned vehicles from the state registration laws and the requirement that vehicles display plates. Under current law, municipal vehicles do not have to display a plate provided the vehicles display (in specific lettering) the name of the municipality, the department, and a distinguishing number. This act gives the municipality the option of having a plate on the vehicle in lieu of the lettering.
 Modifies the laws regarding fees changed for the “Don’t Tread on Me” special license plate. The act also specifies the detailed design of the plate by going into a painstaking description of what the Gadsen snake must look like and a description of the grass of which it sits.

RECREATIONAL OFF-HIGHWAY VEHICLES - Modifies the definition of recreational off-highway vehicle as found in Section 301.010.
 Specifies when recreational off-highway vehicles may be operated on highways except for:
 No person shall operate a recreational off-highway vehicle within any stream or river except by an operator who owns the property or has permission to be on the property on which the waterway flows through or when fording a low-water crossing.
 A person operating a recreational off-highway vehicle on a highway shall have a valid operator’s or chauffeur’s license.
 Under the terms of the act, an individual shall not operate a recreational off-highway vehicle upon on a highway in this state without displaying a lighted headlamp and a lighted tail lamp. A person may not operate a recreational off-highway vehicle upon a highway of this state unless such person wears a seat belt. When operated on a highway, a recreational off-highway vehicle shall be equipped with a roll bar or roll cage construction to reduce the risk of injury to an occupant of the vehicle in case of the vehicle’s rollover. (Signed 7/6/12)

Index of Bills by Subject Matter

Key
  • CCS - Conference Committee Substitute
  • HB - House Bill
  • HCS - House Committee Substitute
  • HS - House Substitute
  • HJR - House Joint Resolution
  • SB - Senate Bill
  • SCS - Senate Committee Substitute
  • SS - Senate Substitute
  • SJR - Senate Joint Resolution
  • * - Missouri Bar Committee-Drafted Legislation
 

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