DYED FUEL - Current law prohibits the operation of a motor vehicle with dyed fuel on a public highway except in certain circumstances. This act creates an additional exception for vehicles associated with a public utility or rural electric cooperative engaged in the restoration of utility service during a state of emergency (Section 142.932). This provision is identical to SB 701 (2012).

SALES TAX ON OUT-OF STATE MOTOR VEHICLE PURCHASES - This act 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 provides that all sales within and outside the state of motor vehicles, trailers, boats, and outboard motors shall be deemed to be consummated at purchaser's residence. The act further provides that the option to impose a local use tax shall not be effective on sales of any motor vehicle, trailer, boat, or outboard motor purchased outside the state as such purchases are deemed to be consummated at the residence of the purchaser pursuant to Section 32.087.12(2) and are therefore subject to local sales taxes (Sections 32.087 and 144.757).

SALES TAX EXEMPTION FOR MOTOR CARRIERS - This act provides a sales tax exemption for motor vehicles registered in excess of 54,000 pounds, and the trailers pulled by such motor vehicles, that are actually used in the normal course of business to haul property on the public highways of the state, and that are capable of hauling loads commensurate with the motor vehicle's registered weight. The sales tax exemption also extends to the materials, replacement parts, and equipment purchased for use directly upon, and for the repair and maintenance or manufacture of such vehicles (Section 144.030). The act also modifies the definition of the term "common carrier" by removing the qualification that it must hold itself out to the general public to engage in the transportation of passengers or property (section 390.020). These provisions may also be found in SB 480 (2012).

TRANSPORTING RADIOACTIVE MATERIALS - This act exempts all highway route controlled quantity shipments of radioactive materials from the fees for transporting radioactive waste. The act further provides that carriers transporting highway route controlled quantities of radioactive material that have been subject to federal inspection, and have passed federal inspection, shall not be subject to additional inspections (Section 260.392).

RECREATIONAL OFF-HIGHWAY VEHICLES - This act modifies the definition of recreational off-highway vehicle as found in Section 301.010. The act modifies the definition by increasing the width and weight limit of the vehicle. The width of a recreational off-highway vehicle is increased from 60 inches to 64 inches and the unladen dry weight of the vehicle is increased from 1,850 pounds to 2,000 pounds (Section 301.010).

Under the act, recreational off-highway vehicles shall not be operated on highways except for:

(1) Governmental owned and operated recreational off-highway vehicles for official use;

(2) Recreational off-highway vehicles operated for agricultural purposes or industrial on-premise purposes between sunrise and sunset;

(3) Recreational off-highway vehicles operated within three miles of the operator's primary residence;

(4) Recreational off-highway vehicles operated occasionally by handicapped persons for short distances only on the state secondary roads between the hours of sunrise and sunset.

Under the act, no person shall operate a utility vehicle in a careless way so as to endanger the person or property of another or while under the influence of alcohol or a controlled substance.

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.

A violation of the act is a Class C misdemeanor (Section 304.033). The recreational off-highway vehicle provisions may be found in SB 714 (2012)(Section 304.033).

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) (Section 301.559).

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. Under current law, a temporary instruction permit holder may only drive a motor vehicle when accompanied by a grandparent, parent, legal guardian, or a qualified driving instructor. This act expands the list of qualified drivers 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. This provision may be found in SB 648 (2012)(Section 302.130).

ADMINISTRATIVE HEARINGS AT REGIONAL LOCATIONS - This act 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. This provision may be found in SB 254 (2011)(Section 302.530).

KANSAS CITY COMMERCIAL ZONE - This act expands the Kansas City commercial zone by including the stretch of State Route 45 from its intersection with Interstate 29 to the city limits of Iatan. This portion of the act may be found in SCS/SB 656 (2012)(Section 304.190).

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. In order to qualify for the temporary boating safety identification card, the applicant shall provide a valid driver's license establishing that the applicant is a nonresident and shall sign an affidavit that he or she has reviewed the Missouri State Highway Patrol Handbook of Missouri Boating Laws and Responsibilities. The Missouri State Highway Patrol shall charge a fee of $9 for the temporary boating safety identification card. Nonresidents shall not be eligible for more than one temporary boating safety identification card. Under the act, the Missouri State Highway Patrol is authorized to develop the temporary boating safety identification card. 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 electronic online registration process shall allow the applicant to pay the $9 fee by credit card, debit card, or other commercially approved electronic method. 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. This portion of the act is identical to SS/SCS/SB 719 (2012)(Section 306.127).

LIABILITY INSURANCE FOR INSPECTION STATIONS - This act requires official motor vehicle inspection and emission stations to have liability insurance to cover any possible damages to a vehicle during an inspection. This portion of the act is similar to SB 504 (2012), SB 45 (2011), SB 687 (2010) and HB 2588 (2008)(Sections 307.365 and 643.320).

TRANSPORTATION DEFINITIONS - The act makes technical modifications to the terms "mobile scrap processor", "scrap processor", and "vanpool" as used in Chapter 301 (Section 301.010 and 301.218).

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 (Section 301.032).

DRIVEAWAY LICENSE PLATES - This act places additional restrictions on the use of driveaway license plates. Under this act, driveaway license plates shall only be used by owners, corporate officers, or employees of the business to which the plates were issued. Under the act, an applicant for a driveaway plate must provide certain information such as the business name, address, and driver license number. The applicant must provide proof of financial responsibility. In addition, the applicant must provide a picture of his or her place of business. The applicant must maintain a landline telephone at his or her place of business during the registration period. The act makes the use of a revoked driveaway license plate a Class A misdemeanor (Section 301.069). This section is also contained in HCS/HB 1640 (2012).

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 (Section 301.216). This section is also contained in HCS/HB 1640 (2012).

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 (Section 301.225).

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) (Section 301.280). This section is also contained in HCS/HB 1640 (2012).

FALSE STATEMENTS VIS-A-VIS MONTHLY SALES REPORTS - Under this act, any person who makes a false statement in a monthly sales report to the Department of Revenue is guilty of a Class A misdemeanor (Section 301.280). This section is also contained in HCS/HB 1640 (2012).

MISUSE OF DEALER PLATES/SURRENDER OF PLATES - This act 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 (Section 301.560). This section is also contained in HCS/HB 1640 (2012).

PROCEDURE FOR REVOKING OR SUSPENDING A DEALER'S LICENSE - The act 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.

The act 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 (Section 301.562). This section is also contained in HCS/HB 1640 (2012).

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 (Section 301.567). This section is also contained in HCS/HB 1640 (2012).

SALE OF 6 MOTOR VEHICLES OR MORE - This act 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 (Section 301.570). This section is also contained in HCS/HB 1640 (2012).

SPECIAL EVENT MOTOR VEHICLE AUCTION LICENSE - This act 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. Licensees shall auction no more than 3% of the total number of vehicles presented for auction which are owned and titled in the name of the licensee or its owners. Auctions can be held for no more than three consecutive days, but no more than two times in a calendar year by the same licensee. 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. Applications to hold a special event motor vehicle auction must be received by the department at least 90 days prior to the event. Applicants must be registered to conduct business in this state, pay a licensing fee of $1,000, and be bonded or have an irrevocable letter of credit in the amount of $100,000. Applicants will be responsible for ensuring that a sales tax license or special event sales tax license is obtained if required. The special event motor vehicle auction license provision is contained in HCS/HB 1640 (2012); SB 131 (2011), SB 167 (2011), SB 716 (2010), CCS/SS/SCS/HB 2111 (2010), and HB 979 (2009)(Section 301.580).

CRIMINAL HISTORY CHECKS TO OBTAIN LICENSE OR LIMITED DRIVING PRIVILEGES FOR CERTAIN OFFENDERS - This act 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 (Section 302.010)

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 (Section 302.060).

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 (Section 302.060).

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 (Section 302.309). These provisions may be found in SB 893 (2012).

NONRESIDENT VIOLATOR COMPACT - This act modifies the Nonresident Violator Compact. Under current law, the Department is prohibited from processing an out of-state failure to appear/pay violation if the notice is received more than six months after the citation was issued. This proposal will allow the Department to process an out-of-state failure to appear/pay notice, for an individual who was operating a commercial motor vehicle or was a CDL holder at the time of the offense, if the notice is received more than six months after the citation is issued (Section 544.046).

ENHANCED PENALTIES FOR MOTOR VEHICLE VIOLATIONS THAT OCCUR IN ACTIVE EMERGENCY ZONES - This act increases penalties for moving violations and traffic offenses occurring within an active emergency zone. Such a zone is defined under this act as an area that is visibly marked by emergency responders on, or around, a highway, and where an active emergency or incident removal is temporarily occurring.

Any person convicted of a first moving violation or traffic offense within an active emergency zone shall be assessed a fine of $35 in addition to any other fine authorized by law. A second or subsequent offense within an active emergency zone shall be assessed a fine of $75.

Under this act, it is a Class C misdemeanor to pass another vehicle in an active emergency zone. Those who plead guilty to, or are convicted of, a speeding or passing violation shall be assessed a fine of $250 in addition to any other fine authorized by law. A second or subsequent speeding or passing violation shall result in a $300 fine.

A person commits the offense of endangerment of an emergency responder if, while in an active emergency zone while emergency responders are present, the person:

(1) Exceeds the posted speed limit by 15 mph or more;

(2) Passes another vehicle;

(3) Fails to stop for a flagman, an emergency responder, or a traffic control signal in the active emergency zone;

(4) Drives through, or around, an active emergency zone via any lane that is not for motorists;

(5) Physically assaults, threatens, or attempts to assault an emergency responder with a motor vehicle or other instrument;

(6) Intentionally strikes or moves barrels, barriers, signs or other devices for a reason other than to avoid an obstacle, emergency, or to protect the health and safety of another person; or

(7) Commits various offenses that allow for the assessment of points under Section 302.302.

When no injury or death results, a person who pleads guilty to, or is convicted of, endangering an emergency responder shall be subject to a fine of not more than $1,000. If a death or injury results, the person commits aggravated endangerment of an emergency responder. The penalty for aggravated endangerment of an emergency responder is a fine of not more than $5,000 if a responder is injured, and not more than $10,000 if death resulted.

The act provides for the assessment of 4 points for endangerment of an emergency responder and 12 points for aggravated endangerment of an emergency responder.

If a person commits endangerment or aggravated endangerment of an emergency responder as a result of a vehicle's mechanical failure or the negligence of another person, then the person shall not be cited for, or convicted of, such offenses.

This section is similar to provisions contained in SB 642 (2012), the truly agreed to version of HB 430 (2011), SCS/SB 260 (2011), HCS/SCS/SB 887 (2010), HCS/HB 1541 (2010), and HB 1693 (2010) (Sections 302.302, 304.890, 304.892, and 304.894).

FAILURE TO YIELD RIGHT OF WAY - Under current law, persons who cause physical injury or death to a person by failing to yield the right-of-way are subject to additional monetary penalties and driver's license suspensions (Section 304.351).

Under current law, a person who causes physical injury to a person by failing to yield the right-of-way shall be assessed a penalty of up to $200 and may have his or her driving privilege suspended for 30 days. This act increases the penalty from "up to $200" to "up to $1,000", with a minimum penalty of $500.

Under current law, a person who causes serious physical injury to another by failing to yield the right-of-way is subject to an additional penalty of up to $500 and may have his or her driving privilege suspended for 90 days. This act increases the penalty from "up to $500" to "up to $3,000", with a minimum $1,000 additional penalty. The act further makes the 90 day suspension mandatory rather than discretionary.

Under current law, a person causes the death of another by failing to yield the right-of-way is subject to an additional penalty of up to $1,000 and may have his or driving privilege suspended for 6 months. This act increases the additional penalty from "up to $1,000" to "up to $10,000", with a minimum $5,000 additional penalty. In lieu of a discretionary 6 month suspension, the act requires the court to issue an order of suspension of up to one year, but no less than 6 months. In addition, the person who causes a fatality by failing to yield the right-of-way must successfully complete a driver-improvement program (Section 304.351). This portion of the act is similar to SB 805 (2012).

STEPHEN WITTE