Missouri Senate

Perfected

FEE OFFICES - The act modifies the competitive bidding process used for fee offices. Under the terms of the act, the competitive bidding process shall give priority to organizations and entities located within the community where the office will be established. Current law does not contain the local community requirement. In addition, non-for-profit entities that awarded fee office contracts must submit an annual report to the director that contains:

1) The net receipts of the fee office;

2) An itemization of all expenditures and administrative fees paid including both operating expenses and charitable contributions; and

3) A list of all charities that benefit from the fees the fee office collects.

Non-for-profit fee offices must display at their business location all charitable entities that will benefit from fee office fees (Section 136.055).

SALE AT RETAIL This act modifies the definition of the term "sale at retail" to include registration with the director of revenue of motor vehicles, trailers, boats and outboard motors, regardless of whether the sale took place in this state (Section 144.010).

SALES TAX EXEMPTIONS FOR CERTAIN MOTOR VEHICLES AND PARTS - This act provides a sales tax exemption for materials, replacement parts and equipment purchased for the use on motor vehicles used by motor carriers in the transportation of persons or property. The current sales tax exemption only applies to motor vehicles that are engaged as common carriers of persons or property. This act provides an exemption from state and local sales and use taxes for motor vehicles licensed for a gross weight of 24,000 pounds or more or trailers used by motor carriers in the transportation of persons or property. The current sales tax exemption only applies to motor vehicle and trailers used by common carriers (Section 144.030). In addition, the act 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 are contained in the perfected version of SB 480 (2012).

SALES TAX EXEMPTION FOR MANUFACTURING OR MINING EQUIPMENT - This act adds any titled manufacturing or mining equipment used to establish new or to expand existing manufacturing, mining, or fabricating plants in the state to the list of items exempt from

state and local sales and use taxes (Section 144.030).

RECREATIONAL OFF-HIGHWAY VEHICLE - This act modifies definition of recreational off-highway vehicle as found in Section 301.010. The act modifies the definition by increasing the width of the vehicle. The width of a recreational off-highway vehicle is increased from 60 inches to 64 inches (Section 301.010). A similar provision may be found in the perfected version of SB 714 (2012).

TRANSPORTATION DEFINITIONS - The act makes technical modifications to the terms "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).

WINDOW STICKERS - This act requires a window sticker to be placed on the inside front windshield of a motor vehicle to show the current registration instead of the current license plate tab. A tab, instead of a window sticker, must be issued for a motorcycle or trailer registration. This provision is also contained in HB 1451 (2012)(Sections 136.055, 301.032, 301.130, 301.140, 301.160, 301.290, 301.300, 301.301, and 301.302). The window sticker provisions have an effective date of January 1, 2013 (Section B).

DISABLED PLACARDS - This act modifies the law regarding disabled placards. The act removes the provision requiring a removable disability windshield placard to be renewed every four years (Section 301.142). The act further specifies that persons who are permanently disabled, regardless of age, are not required to provide physician's statements when renewing disabled license plates or windshield placards (Section 301.142).

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).

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).

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).

FRAUDULENT PROCUREMENT OF TITLE, PLATES, ETC. - Under this act, if the Director of Revenue or a peace officer has probable cause to believe that a person has obtained a title, license plate, or license plate tab in a fraudulent manner, the person must surrender such items. Failure to surrender such items shall constitute a Class A misdemeanor (Section 301.425).

STAGGERING OF DEALER LICENSES - 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 (Section 301.559).

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).

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).

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).

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).

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 SB 131 (2011), SB 167 (2011), SB 716 (2010), CCS/SS/SCS/HB 2111 (2010), and HB 979 (2009)(Section 301.580).

TEMPORARY MOTORCYCLE INSTRUCTION PERMITS - This act modifies the law with respect tot the issuance of temporary motorcycle instruction permits. Under the act, the permit period is reduced from 6 months to 3 months and the act only allows the applicant to renew the permit 2 additional times, for a total maximum period of 9 months. Persons who are 16 years of age or older that receive such permits may not travel at any time from a half-hour after sunset to a half-hour before sunrise and such permit holders may not carry an passengers (Section 302.132). This provision is similar, but not identical, to SB 673 (2012).

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).

MISSOURI YELLOW DOT PROGRAM - This act establishes the Missouri Yellow Dot Program within the Department of Revenue to provide emergency responders with critical health and emergency contact information about program participants so emergency responders may aid program participants when those individuals are involved in motor vehicle emergencies or accidents and are unable to communicate. The department must design Missouri yellow dot program materials including, a yellow decal designed by the department to be affixed to the rear driver's side window of the program participant's vehicle; a health information card providing space for an individual to attach a recent photograph and indicate the individual's name, emergency contact information, physician's names and contact information, medical conditions, recent surgeries, allergies, medications, and any other information the director deems relevant to emergency responders in the case of emergency; a yellow envelope designed by the director into which the health information card is to be inserted and placed into the program participant's glove compartment; and a program instruction sheet including an electronic mail address as required under this program. The department must provide sufficient program materials to other state departments or agencies seeking to distribute or make the materials available to interested persons. The department director must notify the Highway Patrol regarding the implementation of this program so that all emergency responders are informed about the program (section 302.800). This provision is also contained in HB 2077 (2012).

STEPHEN WITTE