NEW LAWS FOR 2012 [PART ONE 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.

HOUSE BILLS

HCS HB 1108 - EMERGENCY CALL LOCATION INFORMATION (Section 392.415 RSMo.) This bill requires a telecommunications carrier and certain commercial mobile service providers to provide, upon request, call location information concerning the user of a telecommunications service or a wireless communications service to a law enforcement official or agency in order to respond to a call for emergency service or to provide caller location information in an emergency situation that involves danger of death or serious physical injury to any person where disclosure of communications relating to an emergency is required without delay. For more information, visit: http://www.house.mo.gov/billsummary.aspx?bill=HB1108.

HB 1141 - "DON'T TREAD ON ME" SPECIAL LICENSE PLATE (Section 301.3163 RSMo.) This bill changes the laws regarding the "Don't Tread On Me" special license plate. The bill requires a person applying for the plate to pay a $15 fee in addition to the regular registration fees and to present any documents required by law. No additional fee can be charged for the personalization of the license plates. The bill specifies the detailed design of the plate. For more information, visit: http://www.house.mo.gov/billsummary.aspx?bill=HB1141.

HCS HB 1171 - COURTS (Section 211.031 RSMo.) The bill changes the age when the juvenile court will have jurisdiction over a child involving a state or local traffic violation from a child up to 15 1/2 years of age to a child up to 15 years of age. For more information, visit: http://www.house.mo.gov/billsummary.aspx?bill=HB1171.
CCS SS SCS HCS HB 1402 - ROAD USE RECREATIONAL OFF-HIGHWAY VEHICLE The bill: (1) Revises the definition of "recreational off-highway 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.
(2) Allows the following recreational off-highway vehicles to be operated upon the highways of this state:
(a) Vehicles owned and operated by a governmental entity for official use;
(b) Vehicles operated for agricultural purposes or industrial on-premise purposes between sunrise and sunset;
(c) Vehicles operated within three miles of the operator's primary residence;
(d) Vehicles operated occasionally by handicapped persons for short distances only on the state's secondary roads between the hours of sunrise and sunset; and
(e) Vehicles issued a special permit by the governing body of a city or a county to a licensed driver for special use of the vehicle on highways within the city or county limits. A $15 fee may be collected and retained by the city or county for the permit.
(3) Prohibits a person from operating 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 it at a low-water crossing.
(4) Requires a person allowed to operate a recreational off-highway vehicle on a. highway to have a valid operator's or chauffeur's license with certain specified exceptions, to display a lighted headlamp and a lighted tail lamp, to wear a seat belt, and the vehicle to 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.

DRIVEAWAY LICENSE PLATES - (Section 301.069 RSMo.) The bill allows driveaway license plates to be used only by owners, corporate officers, or employees of the business to which the plates were issued. An applicant for a driveaway plate must provide specified information including the business name, address, and driver's license number. The applicant must provide proof of financial responsibility and 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. Any person who knowingly uses a revoked driveaway license plate must be deemed guilty of a Class A misdemeanor.

THIRD LICENSE PLATE - (Section 301.140 RSMo.) A motorist is allowed 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. The fee for the additional temporary license plate will be $7.50. The third plate may only be used on the vehicle with the matching plate, and the additional third plate must be clearly recognizable as a third plate and only used for that purpose.

MUNICIPALLY OWNED VEHICLES - The bill exempts a motor vehicle used as an ambulance, patrol wagon, or fire apparatus which is owned by a municipality from the requirement to display two license plates. Rather, the bill allows it to display one plate or to display the name of the municipality on each side of the vehicle in letters which are not less than three inches in height and not less than three-eighths of an inch wide.
VEHICLE INFORMATION RECORDS - The bill requires a motor vehicle dealer and a public garage operator to maintain a record of a vehicle's identification number, odometer setting, and manufacturer's name for a period of five years for each motor vehicle and trailer that he or she sells, rents, stores, or repairs. Currently, the information must be maintained for three years.

MISUSE OF DEALER PLATES - Any law enforcement officer or agent of the Department of Revenue may seize a dealer license plate or certificate of number if he or she has probable cause to believe that it is being misused in violation of law.

DRIVER'S TRAINING - The bill allows the parent or legal guardian of a person learning to drive to designate, in writing, an individual who is at least 25 years old and has been a licensed driver for at least three years to escort or accompany the person with a temporary instruction permit.

FAILURE TO APPEAR IN COURT - Currently, if a person fails to dispose of a traffic ticket in a timely manner, the court will notify the director of the Department of Revenue of the fact and the department director must suspend the offender's driver's license until the person pays the fines and applicable court costs. Upon proof of disposition' of the charges and payment of a reinstatement fee, the department director must return the license and remove the suspension from the person's driver's record. The bill specifies that a commercial motor vehicle operator or a holder of a commercial driver's license will not be eligible to have the suspension removed from his or her driving record.

UNIFORM COMMERCIAL DRIVER'S LICENSE ACT - The bill requires an applicant for a commercial driver's license or commercial driver's instruction permit to comply with the requirements of the Federal Motor Carrier Safety Administration by certifying that he or she is:
(a) A driver operating or expecting to operate in interstate or foreign commerce or is otherwise subject to and meets federal rules and is required to obtain a medical examiner's certificate;
(b) A driver operating or expecting to operate entirely in interstate commerce that is exempt from federal law and not required to obtain a medical examiner's certificate;
(c) A driver operating only in intrastate commerce and is subject to Missouri driver qualifications; or
(d) A driver operating or expecting to operate only in intrastate commerce and engaging only in operations exempt from all Missouri driver qualification requirements. An applicant certifying to operation in nonexempt commerce must provide the state with a current medical examiner's certificate or a certificate accompanied by a medical variance or waiver. The bill specifies the certification process. A person who falsifies any information in an application or in an update of medical certification status information cannot be licensed to operate a commercial vehicle or his or her commercial driver's license must be canceled for a period of one year after the department director discovers the falsification.
BOATING SAFETY IDENTIFICATION CARD - (Section 306.127 RSMo.) Any person or company that rents or sells vessels is allowed to issue temporary boating safety identification cards to non-residents to operate rented vessels or vessels being considered for sale for a period of up to seven days, if 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 must provide a valid driver's license establishing that he or she is a non-resident and must sign an affidavit stating he or she has reviewed the Missouri State Highway Patrol Handbook of Missouri Boating Laws and Responsibilities. The Patrol must charge a fee of $9 for the card. A nonresident will not be eligible for more than one card. The provisions authorize the Patrol to develop the card and require businesses that issue the cards to transmit the applicant's information and payment to the Highway Patrol using an electronic online registration process developed and provided by the Highway Patrol. The provisions of the bill regarding boating safety identification cards contain an emergency clause and went into effect July 10. These provisions expire December 31, 2022.

The provisions of the bill regarding temporary motor vehicle permits become effective on the date the Department of Revenue or an authorized producer begins production of the permit or July 1, 2013, whichever occurs first.
The provisions regarding the commercial driver medical certification become effective on the date the director of the Department of Revenue begins accepting commercial driver license medical certifications or on May 1, 2013, whichever occurs first.
The provisions regarding biennial registration for larger vehicles is effective July 1, 2015.
For more information, visit: http://www.house.mo.gov/billsummary.aspx?bill=HB1402.

HB 1424 - SALE OF SURPLUS STATE HIGHWAY PATROL PROPERTY Currently, the Missouri State Highway Patrol is authorized to sell surplus Patrol motor vehicles. This bill allows the Patrol to also sell surplus watercraft, watercraft motors, and trailers. The Missouri State Highway Patrol's Motor Vehicle and Aircraft Revolving Fund is renamed the Highway Patrol's Motor Vehicle, Aircraft, and Watercraft Revolving Fund and allows funds to be used to purchase watercraft, watercraft motors, and trailers as well as vehicles. For more information, visit: http://www.house.mo.gov/billsummary.aspx?bill=HB1424

SS HCS HB 1647 - PUBLIC SAFETY REGULATION OF FIREWORKS (Sections 320.106 - 320.136 RSMo.) The bill changes the references to fireworks classifications by referencing the Code of Federal Regulations when defining consumer fireworks, display fireworks, fireworks, and proximate fireworks. It removes the reference to American Pyrotechnics Association standards. The bill specifies that ground salutes, commonly known as cherry bombs, M-80s, M-100s, and M-1,000s, which exceed the limits set for consumer fireworks, display fireworks, or proximate fireworks for explosive composition, are prohibited in Missouri for consumer use. These provisions do not prohibit a manufacturer, distributor, or any other person possessing the proper permits as specified by state and federal law from storing, selling, shipping, or otherwise transporting fireworks.
EXPUNGEMENT OF CERTAIN CRIMINAL RECORDS - (Sections 488.650, 561.026, and 610.140 RSMo.) A person is allowed to apply for the expungement of certain criminal records after 10 years have elapsed for a specified misdemeanor or 20 years have elapsed for a specified felony since the person has completed his or her imprisonment or any period of probation or parole. These additional requirements must also be met: the person has not been convicted of or been placed on probation for any misdemeanor or felony during that time, has paid any amount of restitution ordered by the court, the circumstances and behavior of the petitioner warrant the expungement, and the expungement is consistent with the public welfare.

Once expunged, the court records and files will be confidential and only available to the parties or by order of the court for good cause shown. The expungement also restores all rights to the person as if the crime had never occurred. However, a person granted an expungement must disclose any expunged offense when the disclosure is necessary to complete certain applications for professional licenses, certificates, or permits issued by the state; any license issued by the gaming commission or paid or unpaid employment with an entity licensed by the gaming commission or state-operated lottery; or any emergency services provider.

ASSAULTING A UTILITY OR CABLE WORKER - (Sections. 565.081, 565.082, and 565.083 RSMo.) The crime of assault of a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction or work zone, or probation and parole officer in the first, second, and third degrees is revised to include a utility worker or a cable worker. "Utility worker" means any employee while in performance of his or her job duties, including any person employed under contract of a utility that provides gas, heat, electricity, water, steam, telecommunications services, or sewer services, :. whether privately, municipally, or cooperatively owned. "Cable worker" means any employee, including any person, employed under contract of a cable operator.

WEAPONS - (Section 571.020 RSMo.) Currently, a person commits a Class A misdemeanor if he or she possesses, manufactures, transports, repairs, or sells a switchblade knife. The bill limits the prohibition to when the activity involving a switchblade knife violates federal law and makes the crime a Class C felony.

CONCEALED CARRY ENDORSEMENTS - (Sections 571.030, 571.037, 571.101, 571.111, and 571.117 RSMo.) The bill lowers the age at which a person can obtain a concealed carry endorsement from 21 to 18 years of age if the person is a member of the United States Armed Forces or is honorably discharged from the United States Armed Forces and is a citizen of the United States and has assumed residency, is stationed in Missouri, or is the spouse of the member stationed in Missouri and is 21 years of age.

Any person who has a valid concealed carry endorsement and is lawfully carrying a firearm in a concealed manner may briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
A person can receive a concealed carry endorsement without meeting the current requirements if he or she submits a copy of a certificate of firearms safety training course completion that was issued on or before August 27, 2011, if it met the requirements that were in effect on the date it was issued.

The provisions of the bill regarding the regulation of fireworks and the provisions regarding receiving a concealed carry endorsement if a person passed the training course requirements on or before January 27, 2011, contain an emergency clause and went into effect July 10.

For more information, visit: http://www.house.mo.gov/billsummary.aspx?bill=HB1647.

SS SCS HB 1807 - BREAST CANCER AWARENESS, HIGHWAY DESIGNATIONS, RECREATIONAL VEHICLES, MUNICIPAL VEHICLES, AND SPECIAL LICENSE PLATES

HIGHWAY DESIGNATIONS - The bill designated a section of 1-29 as the Trooper Fred F. Guthrie Jr. Memorial Highway in Platte County.

SPECIAL LICENSE PLATES -
The bill:
(1) Authorizes the following special license plates:
(a) Missouri Junior Golf Foundation;
(b) Navy Cross;
(c) I Have A Dream;
(d) Go Team USA;
(e) American Red Cross;
(f) Pony Express;
(g) National Wild Turkey Federation; and
(h) National Rifle Association;
(2) Specifies that the annual contribution of an emblem-use authorization fee for the Breast Cancer Awareness special license plate must be made to the Missouri Public Health Service Fund to support breast cancer awareness activities conducted by the Department of Health and Senior Services instead of to the Friends of the Missouri Women's Council;
(3) Revises the provisions regarding the Cass County - The Burnt District special license plate; and
(4) Changes the laws regarding the "Don't Tread on Me" special license plate. The bill requires a person applying for the plate to pay a $15 fee in addition to the regular registration fees and to present any documents required by law. No additional fee can be charged for the personalization of the license plates. The bill specifies the detailed design of the plate. For more information, visit: http://www.house.mo.gov/billsummary.aspx?bill=HB1807.