House Amendment

COLLECTION OF SALES TAX BY MOTOR VEHICLE DEALERS (Sections 144.020 and 144.070)

This act provides that following development of the Department of Revenue's modernized system for vehicle titling and registration, driver licensing, and liens, licensed motor vehicle dealers shall collect and remit to the Department the sales tax due on all motor vehicles the dealer sells.

These provisions are identical to provisions in HCS/HB 894 (2023), provisions in HCS/SS/SCS/SBs 56 & 61 (2023), and provisions in SCS/HB 415 (2023), and similar to SB 23 (2023), HB 1733 (2022), provisions in SS/SB 762 (2022), SB 967 (2022), SB 720 (2022), HB 1873 (2022), HB 2740 (2022), SB 273 (2021), HB 235 (2021), HB 668 (2021), HB 1598 (2020), HB 2740 (2022), HB 809 (2021), HB 599 (2021), and HB 667 (2021).

OPERATION OF MOTOR VEHICLES WHILE USING ELECTRONIC COMMUNICATION DEVICES (Sections 304.820 and 304.822)

This act repeals the current prohibitions against operation of motor vehicles while using hand-held electronic wireless communications devices (Section 304.820), as defined by law, and enacts different prohibitions in lieu thereof (Section 304.822).

The act creates the "Siddens Bening Hands Free Law", which prohibits a number of uses of electronic communication devices while operating motor vehicles, as detailed in the act, as well as provides exceptions.

The act specifies penalties for violations of these provisions, including enhanced penalties for repeat offenders, violations occurring in a work zone when workers are present, violations occurring in a school zone, and violations that are the proximate cause of property damage, personal injury, or death.

Law enforcement officers who stop a noncommercial motor vehicle for a violation of these provisions shall inform the operator of the operator's right to decline a search of their device, and shall not access the device without a warrant or confiscate the device while awaiting issuance of a warrant.

Violations of these provisions shall not be used to establish probable cause for any other violation, and the provisions of the act shall be subject to racial bias reporting as required by law.

This act preempts local regulation of the use of electronic communication devices by the operators of vehicles.

Prior to January 1, 2025, a law enforcement officer who stops a noncommercial motor vehicle for a violation of these provisions shall not issue a citation for the violation, and shall only issue a warning.

No person shall be stopped, inspected, or detained solely for a violation of these provisions.

These provisions are similar to provisions in SS/SCS/SBs 56 & 61 (2023), SB 972 (2022), SCS/SB 713 (2022), HB 1487 (2022), HB 1571 (2022), HB 1701 (2022), HB 2229 (2022), HB 2243 (2022), HB 2279 (2022), HB 2449 (2022), HB 853 (2021), HB 1076 (2021), HB 110 (2021), HB 241 (2021), HB 258 (2021), HB 798 (2021), contains provisions similar to HB 73 (2021) and HB 103 (2021), and is similar to SB 532 (2020), HB 1474 (2020), HB 1531 (2020), HB 1879 (2020), HB 1265 (2020), HB 1290 (2020), HB 1633 (2020), and HB 1674 (2020).

MOTOR VEHICLE FRANCHISE PRACTICES ACT (Sections 407.812 and 407.828)

This act prohibits certain entities from engaging in the business of selling motor vehicles, except as permitted by the Motor Vehicle Franchise Practices Act ("MVFP Act"), and specifies parties that shall have standing to enforce the prohibitions. (Section 407.812).

The act also modifies provisions applicable to warranty services. Under the act, compensation for the services is based on rates charged by the franchisee rather than on rates charged by comparable franchisees in the market. (Section 407.828.1-3). Claims not disapproved by the franchisor in writing within 30 days shall be considered approved and paid within 15 days, rather than within 10 days. (Section 407.828.6). The act exempts certain part assemblies from the requirement that franchisors compensate franchisees for recall work in the same manner as warranty work. (Section 407.828.8).

Lastly, the act specifies procedures for franchisees to file complaints with the Administrative Hearing Commission.

Franchisees may file claims within 60 days, rather than 30 days, after receiving an adverse decision on a claim under the act. Franchisors shall file an answer to the complaint within 30 days, and a hearing shall be held within 60 days of the franchisee's answer. If the Administrative Hearing Commission finds a franchisor has violated the requirements of the warranty statute, the franchisor shall compensate the franchisee as required by law. (Section 407.828.12).

These provisions are similar to provisions in HCS/HB 894 (2023) and provisions in HCS/SS/SCS/SBs 56 & 61 (2023).

ERIC VANDER WEERD

HA 1 - MODIFIES PROVISIONS RELATING TO THE MOTOR VEHICLE FRANCHISE PRACTICES ACT

HA 2 - ENACTS PROVISIONS RELATING TO MOTOR VEHICLE FINANCIAL PROTECTION PRODUCTS

HA 3 - ENACTS PROVISIONS RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY LAW