NEW LAWS FOR 2012 [PART TWO OF TWO]

MISSOURI STATE HIGHWAY PATROL
A Division Of The
Department of Public Safety
Public Information and Education Division - PO Box 568 - Jefferson City, MO 65102 NEWS RELEASE
For further information please contact: Capt. J. Tim Hull
Q8272012-1 (573) 526-6115

August 27, 2012
EMPHASIS: NEW LAWS FOR 2012

On August 28, 2012, many new state laws and changes to existing laws become effective in Missouri. To increase public awareness, Colonel Ronald K. Replogle, superintendent of the Missouri State Highway Patrol, informs the public of the new laws and changes dealing with the Patrol, criminal law, motor vehicle and boat operations, licensing and public safety.

What follows below are highlights of new laws and changes to existing law based upon the Missouri General Assembly’s bill summaries. A link to the Senate or House summary of each bill is also provided. Unless otherwise noted, the new laws and amendments to current laws are effective August 28, 2012.


SENATE BILLS

CCS HCS SS SCS SB470 BIENNIAL REGISTRATION OPTION FOR LARGER VEHICLES - This act expands the number of commercial motor vehicle owners who will have the option of biennially registering their commercial motor vehicles. Under current law, the director of the Department of Revenue may provide owners of motor vehicles, other than commercial motor vehicles licensed in excess of 12,000 pounds gross weight, the option of biennially registering motor vehicles. This act provides this option to owners of motor vehicles, other than commercial motor vehicles licensed in excess of 54,000 pounds (Section 301.147 RSMo.). The provision has an effective date of July 1, 2015.

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 State Highways and Transportation 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. The act 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 RSMo.).

TEMPORARY PERMIT TAGS - This act modifies the process for issuing temporary permits to motor vehicle owners. Under the terms of the act, the director of revenue is authorized to allow others to produce weather resistant, non-tearing temporary permits that allow buyers of motor vehicle or trailers to operate such vehicles for a 30-day period. The temporary permit may be purchased by the motor vehicle buyer from the central office or from an authorized agent of the department. A motor vehicle buyer may also purchase a temporary permit from a motor vehicle dealer. The price paid by a registered dealer for a temporary permit shall not exceed $5 per permit (current law sets the amount at $7.50). The director shall direct motor vehicle dealers and authorized agents to obtain temporary permits from an authorized producer. Under the act, amounts received by the director for temporary permits shall constitute state revenue while amounts received by an authorized producer shall not constitute state revenue. Amounts received by motor vehicle dealers or authorized agents for temporary permits purchased from an authorized producer shall not constitute state revenue. The act specifically provides that general revenue funds or other state funds shall not be used to compensate motor vehicle dealers and other producers for their role in producing temporary permits. Dealers may not charge more than $5 for each permit it issues (down from $7.50). Under the act, each temporary permit issued shall be fastened to the rear of the motor vehicle in a manner and place on the motor vehicle consistent with placement of regular registration plates. The act 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 (Section 301.140 RSMo.). This portion of the act becomes effective the date the department begins issuing the new temporary permits or July 1, 2013, whichever occurs first. The act also sunsets the temporary permit provisions on July 1, 2019.
VETERAN DESIGNATION ON DRIVER LICENSE - The act allows a person to apply to the Department of Revenue to obtain a veteran designation on a driver's license or identification card upon providing a United States Department of Defense discharge document, known as a DD Form 214, showing a discharge status of "honorable" or "general under honorable conditions," and the payment of the authorized fees for the license or card. The department may determine the appropriate placement of the designation on a license or card (Section 302.185 and Section 302.188 RSMo.).

GROSS WEIGHT LIMITATION FOR CERTAIN VEHICLES - Under current law, the total gross weight of a vehicle or combination of vehicles hauling livestock on U.S. Highway 36 from St. Joseph to U.S. Highway 65 and on U.S. Highway 65 from the Iowa state line to U.S. Highway 36 cannot exceed 85,500 pounds. This act expands the section on U.S. Highway 36 eastward from U.S. Highway 65 to U.S. Highway 63. The act further applies the gross weight limitation exception to U.S. Highway 63, from the Iowa state line to U.S. Highway 36, and from U.S. Highway 36 to Missouri Route 17. The act also allows a vehicle weighing 85,500 pounds or less to haul milk from a farm to a processing facility on highways other than the interstate highway system. This provision of the act shall not apply to vehicles operated on the Dwight D. Eisenhower System of Interstate and Defense Highways (Section 304.180 RSMo.).
For more information, visit: http://www.senate.mo.gov/12info/BTS_Web/Bill.aspx?SessionType=R&BillID=27.

CCS 1-ICS#21SCS SB 480 - This act modifies various provisions relating to the regulation of motor vehicles and transportation.

PURPLE HEART TRAIL - The act designates the portion of Interstate 70 in the state of Missouri as the "Purple Heart Trail." (Section 227.513 RSMo.).

OUTBOARD MOTOR TITLES - Under the terms of this act, any new outboard motor purchased by a dealer from the manufacturer on or after July first of any year shall be labeled with the "year manufactured" of the immediately following calendar year unless the manufacturer indicates a specific model or program year (Section 306.532 RSMo.).

COMMUNITY SERVICE REQUIREMENTS FOR PRIOR AND PERSISTENT OFFENDERS - Current Missouri law (Section 577.023 RSMo.) allows prior and persistent offenders to participate in and successfully complete a DWI court in lieu of jail time or community service. A prior or persistent offender may escape the statutory minimum days of imprisonment by performing community service or successfully completing a DWI court program. Federal law, however, does not authorize DWI courts as an alternative to mandatory jail or community service. Under the terms of this act, prior and persistent offenders may avoid the minimum days of imprisonment by performing community service and completing a DWI court program, if such program is available. The DWI court program or other treatment program must include the minimal periods of community service.

NATIONAL WILD TURKEY FEDERATION SPECIAL LICENSE PLATE - This act allows members of the National Wild Turkey Federation to obtain specialty license
plates bearing their organization's name under certain conditions (Section 301.4036 RSMo.).

NRA SPECIAL LICENSE PLATE - This act allows members of the National Rifle Association to obtain specialty license plates bearing their organization's name under certain conditions (Section 1).

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 used on specialty license plates (Section 301.449 RSMo.). In addition, the act prohibits collegiate or university specialty license plates from being established under the administrative process set forth in Section 301.3150 RSMo.

AMERICAN RED CROSS SPECIAL LICENSE PLATES - This act allows motorist to obtain specialty license plates bearing the emblem of the American Red Cross under certain conditions (Section 301.4040 RSMo.)(HA 4).

TROOPER FRED F. GUTHRIE MEMORIAL HIGHWAY - This act designates a portion of Interstate 29 in Platte County as the "Trooper Fred F. Guthrie Jr. Memorial Highway" This provision is also contained in HB 1807 (Section 227.510 RSMo.).

CASS COUNTY - THE BURNT DISTRICT SPECIAL LICENSE PLATE - This act modifies provisions relating to the "CASS COUNTY - THE BURNT DISTRICT" special license plate.

IGNITION INTERLOCK ENHANCED REQUIREMENTS - Under this act, a person whose driving privilege has been denied for 10 years for three or more DWI offenses, or for five years for two intoxication-related traffic offenses within a five-year period shall be required to use an ignition interlock device that has photo identification technology and global positioning system features when their license is reinstated or whenever a limited driving privilege is granted (Section 302.060 RSMo.). If monthly monitoring reports show during the period of reinstatement that the ignition interlock device has registered blood alcohol concentration readings above the set point established by the Department of Transportation or that the person has tampered with or circumvented the ignition interlock device, then an additional six months will be added to the person's reinstatement (Section 302.060 RSMo.).

Under current law, a person who has been convicted of a first time DWI or BAC is assessed points and receives a license suspension of 30 days ("hard walk"), followed by a 60-day restricted driving privilege. Under this provision, a person who chooses to install an ignition interlock device shall serve a 15-day suspension, followed by a 75-day period of restricted driving privilege. The person's license will be reinstated following the 75-day period if otherwise eligible by law. If the monthly monitoring report shows a violation during this 75-day restricted driving privilege, then the person's license will not be reinstated until the person completes an additional 75-day period of restricted driving privilege without any such violations (Section 302.304.5 RSMo.). The act provides
similar measures for persons whose driver's license have been suspended under the administrative process (Section 302.525 RSMo.).

Under current law, a person who has two or more DWI or BAC convictions must have an ignition interlock device installed in order to have his or her driver's license reinstated. The ignition interlock device must be maintained on the offender's vehicles for a period of at least six months. Under this act, if monthly monitoring reports show during the period of reinstatement that the ignition interlock device has registered blood alcohol concentration readings above the set point established by the Department of Transportation, or that the person has tampered with or circumvented the device, then an additional six months will be added to the person's reinstatement (Section 302.304.17 RSMo.).

Under current law, persons with five-year or 10-year license denials because of multiple DWI or other intoxication-related traffic offenses may seek a limited driving privilege after serving two or three years of the license denial. Under the terms of this act, such persons may seek a limited driving privilege after only serving 45 days of the denial or disqualification period. In addition, this act allows a person who has his or her license revoked for two alcohol-related enforcement contacts within five years to seek a limited driving privilege after completing the first 45 days of the one-year revocation. Currently, such a person is not eligible for a limited driving privilege (Section 302.309 RSMo.). The ignition interlock provisions have an effective date of October 1, 2013 (Sections 302.060, 302.304, 302.309, and 302.525 RSMo.).

For more information, visit: http://www.senate.mo.gov/12info/BTS_Web/Bill.aspx?SessionType=R&BillID=34.

SS SCS SBs 489 & 637 - Under current law, a person commits a Class A misdemeanor if he or she possesses, manufactures, transports, repairs, or sells a switchblade knife. This act limits the prohibition to the possession, manufacture, transport, repair, or sale of a switchblade knife when such uses violate federal law, and makes the crime a Class C felony.

Training requirements for concealed carry endorsement applicants were increased in HB 294 (2011). This act adopts a grandfather clause for those who were issued a firearms safety training certificate prior to the date the standards were increased, so these certificate-holders can receive a concealed carry endorsement without having to retake a training course. This act contains an emergency clause and went into effect July 10. For more information, visit: http://www.senate.mo.gov/12info/BTS_Web/Bill.aspx?SessionType=R&BillID=21.

CCS HCS SB 568 - This act modifies various provisions relating to transportation.

REBUILT SALVAGE VEHICLES INSPECTION - 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 (Section 301.190 RSMo.).
GROSS WEIGHT LIMITATION FOR CERTAIN VEHICLES - Under current law, the total gross weight of a vehicle or combination of vehicles hauling livestock on U.S. Highway 36 from St. Joseph to U.S. Highway 65 and on U.S. Highway 65 from the Iowa state line to U.S. Highway 36 cannot exceed 85,500 pounds. This act expands the gross weight limitation on U.S. Highway 36 eastward from U.S. Highway 65 to U.S. Highway 63. The act further applies the gross weight limitation exception to U.S. Highway 63, from the Iowa state line to U.S. Highway 36.
For more information, visit: http://www.senate.mo.gov/12info/BTS_Web/Bill.aspx?SessionType=R&BillID=7042.

CCS HCS SB 628 - This act modifies provisions relating to the judiciary.

TRAFFICKING DRUGS - Sections 195.222 & 195.223 RSMo.; HB 1894 (2012) Currently, a person commits the crime of trafficking drugs in the first degree if he or she distributes, delivers, manufactures, produces, or attempts to distribute, deliver, manufacture, or produce more than two grams of crack. If the quantity involved is between two and six grams, the person must be sentenced to the authorized term of imprisonment for a Class A felony. If the quantity is six grams or more, the person will be ineligible for probation or parole. This act raises the quantity for a Class A felony sentence to between eight and 24 grams. If the person has 24 grams or more, the person will be ineligible for probation or parole.

Currently, a person commits the crime of trafficking drugs in the second degree if he or she possesses or has under his or her control, purchases, or attempts to purchase or brings into this state more than two grams of crack. If the quantity involved is between two and six grams, the person will be guilty of a Class B felony. If the quantity is six grams or more, the person will be guilty of a Class A felony. This act raises the quantity for a Class B felony sentence to between eight and 24 grams. If the person has 24 grams or more, the person will be guilty of a Class A felony.

JUVENILE COURT JURISDICTION - Section 211.031 RSMo.; HB 1171 (2012) Current law provides that the juvenile court shall have jurisdiction over any child up to 15 and 1/2 years of age who is involved in a state or local traffic violation. This act lowers such age so that the juvenile court would have jurisdiction over any child up to 15 years of age in such instances.

SECTIONS 565.072, 565.073, & 565.074 RSMo. - The crime of abuse of a child changed to abuse or neglect of a child. A person commits the crime if they cause a child under 18 to suffer physical or mental injury, to be placed in a situation which may result in physical or mental injury, or to suffer abusive head trauma. The crime is a Class C felony. If the act involved serious physical or emotional injury or the person was previously found guilty of this crime, the person will be guilty of a Class B felony. An act will be a Class A felony if it involves a serious physical or emotional injury; the victim is less than 14 years old, and the injury is a result of sexual abuse.

SEXUAL MISCONDUCT INVOLVING A CHILD - Section 566.083 RSMo.; HB 1896 (2012) The crime of sexual misconduct involving a child is modified to include when a person knowingly coerces or induces a female child who is known by the person to be younger than 15 years of age to expose the breasts of a female child through the Internet or other electronic means for the purpose of arousing or gratifying the sexual desire of any person, including the child.
FIRST DEGREE PROPERTY DAMAGE - Section 569.100 RSMo.; HB 1125 (2012) The crime of property damage in the first degree is modified to include when a person knowingly damages a motor vehicle of another while making entry into the vehicle for the purpose of stealing it or the damage occurs while committing the crime of stealing within the vehicle. Anyone who commits this crime will be guilty of a Class C felony
unless it is a subsequent violation in which case he or she will be guilty of a Class B felony. For more information, visit: http://www.senate.mo.gov/12info/BTS_Web/Bill.aspx?SessionType=R&BillID=92857.

CCS HCS SCS SB 631 - This act modifies provisions pertaining to animals and agriculture.
LOAD LIMITS ON ROADWAYS - SECTION 304.180 RSMo. Under current law, the total gross weight of a vehicle or combination of vehicles hauling livestock can be up to 85,500 pounds on certain highways. The act modifies the highways to which this provision applies. The act also allows a vehicle weighing up to 85,500 pounds to haul milk from a farm to a processing facility on highways other than the interstate highway system. For more information, visit: http://www.senate.mo.gov/12info/BTS_Web/Bill.aspx?SessionType=R&BillID=92863.

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

JUVENILE COURT JURISDICTION - Section 211.031 RSMo.; HB 1171 (2012) & HCS/SB 628 (2012) Current law provides that the juvenile court shall have jurisdiction over any child up to 15 and 1/2 years of age who is involved in a state or local traffic violation. This act lowers such age so that the juvenile court would have jurisdiction over any child up to 15 years of age in such instances. For more information, visit: http://www.senate.mo.gov/12info/BTS_Web/Bill.aspx?SessionType=R&BillID=107149.

SS SCS SB 689 - Under current law, a person who recklessly and purposely causes serious injury to an elderly person commits the crime of second degree elder abuse. This act makes it so a person who recklessly or purposely causes such injury has committed the crime. This act adds undue influence to the types of acts that, when committed against an elderly or disabled person, constitute the crime of financial exploitation. Undue influence is defined under the act to mean influence by a person who has authority over the elderly or disabled person in order to take unfair advantage of the person's vulnerable state of mind, neediness, pain, or agony. It includes improper use of various types of fiduciary authority.

This act makes it an unlawful violation of the financial exploitation statute to fail to remit to a nursing facility in which a Medicaid eligible person resides all money owing the facility resident from any source.

This act allows the Department of Social Services to release records regarding the income or assets of a resident of a facility licensed under Chapter 198 to prosecuting attorneys who are investigating or prosecuting an offense of financial exploitation. If a person admits to or is found guilty of failing to remit money owed to a facility licensed under Chapter 198, the court can order the offender to make restitution to the facility as a condition of sentence and/or probation. Any order or agreement for restitution must allow the prosecuting attorney to receive 10 percent of each payment toward the restitution as reimbursement for the cost of enforcement. For more information, visit: http://www.senate.mo.gov/12info/BTS_Web/Bill.aspx?SessionType=R&BillID=542297.

CCS#2 SS SCS SB 719, - This act modifies various provisions relating to the regulation of transportation.

MOTORCYCLE RIDER TRAINING COURSE EXEMPTION - Under this act, 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, shall constitute an actual demonstration of the person's ability to exercise due care in the operation of a motorcycle or motor tricycle, and no further driving test shall be required to obtain a motorcycle or motor tricycle license or endorsement (Section 302.173 RSMo.). This provision is also contained in SB 564 (2012). For more information, visit: http://www.senate.mo.gov/12info/BTS_Web/Bill.aspx?SessionType=R&BillID=882422.

SS SCS SB 755* - Under this act, a person commits the crime of disturbing a house of worship if such person intentionally and unreasonably disturbs a building used for religious purposes by using profanity, rude or indecent behavior, or making noise. A person commits the crime if they engage in such behavior within the house of worship or so close to the building that the services are disturbed. A person also commits the crime if he or she intentionally injures, intimidates, or interferes with any person exercising the right to religious freedom or who is seeking access to a house of worship. A first offense is a Class B misdemeanor, a second offense is a Class A misdemeanor, and a third or subsequent offense is a Class D felony.

* Please note that there has been a legal challenge filed in the U.S. District Court, Eastern District of Missouri, to enjoin SB 755 from taking effect. As a result, the effective date of this legislation may be delayed pending the court's ruling.

For more information, visit: http://www.senate.mo.gov/12info/BTS_Web/Bill.aspx?SessionType=R&BillID=1321951.

SCS SB 835 - This act updates references to fireworks classifications in the Code of Federal Regulations and removes references to American Pyrotechnics Association standards. This act contains an emergency clause and went into effect June 11, 2012. For more information, visit: http://www.senate.mo.gov/12info/BTS_Web/Bill.aspx?SessionType=R&BillID=2581497.