Missouri Senate

House Amendment

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 (see Section B). This portion of the act is similar to SS/SCS/SB 719 (2012) and SCS/HCS/HB 1640 (2012) (Section 306.127)(HA 5).

EXEMPTION FROM MOTOR FUEL TAX FOR WATERCRAFT - This act authorizes an exemption for motor fuel used exclusively in any watercraft in this state from the motor fuel tax and the sales and use tax. The act specifically provides that no motor fuel tax can be imposed or levied on any motor fuel delivered to any marina or other retailer within this state who sells the fuel solely for use in any watercraft in this state (Section 142.815). This provision is similar to the one contained in HB 1310 (2012). The act also provides that all sales of motor fuel used in any watercraft is exempt from state and local sales tax (Section 144.030)(HA 1).

USE OF MUNICIPAL STREETS - Under current law, municipalities may enact ordinances that limit the use of certain designated streets to passenger vehicles. This act modifies this authorization by requiring municipalities to allow at least one street, with lawful traffic movement and access from both directions, to be available for use by commercial motor vehicles to access any roads in the state highway system. No municipality may pass an ordinance that denies the use of commercial motor vehicles on all streets within the municipality. This provision may be found in SB 656 and SCS/HCS/HB 1402 (2012)(Section 304.120)(HA 2).

USE OF PUBLIC STREETS NOT TO CONSTITUTE BASIS FOR NUISANCE ACTION - Under this act, the use of motor vehicles on a public street or highway in a manner which is legal under state and local law shall not constitute a public or private nuisance, and shall not be the basis of a civil action for public or private nuisance. No individual or business entity shall be subject to any civil action in law or equity for a public or private nuisance on the basis of such individual or business entity legally using motor vehicles on a public street. Any actions by a court to enjoin the use of a public street or highway and any damages awarded or imposed by a court, or assessed by a jury, against an individual or business entity for public or private nuisance in violation of this act shall be null and void. This portion of the act is similar to a provision found in SB 656, SCS/HCS/HB 1402 (2012) and SB 277 (2012)(Section 537.293) (HA 2).

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 motortricycle, and no further driving test shall be required to obtain a motorcycle or motortricycle license or endorsement (section 302.173). This provision is also contained in SB 564 (2012) (HA 1 to HA 3).

MOTORCYCLE HELMETS - This act allows persons 21 years of age or older to operate motorcycles and motortricycles in Missouri without protective headgear provided such persons have obtained helmet-free endorsements from the Department of Revenue. In order to obtain a helmet-free endorsement, the applicant must provide satisfactory proof that he or she has $25,000 in medical coverage that will be in effect for at least 2 years. The cost of a new driver's license issued with a helmet-free endorsement shall be borne by the motorcycle licensee (Section 302.020)(HA 3).

OUTBOARD MOTOR TITLES - Under the terms of this act, effective August 28, 2012, the certificate of title for a new outboard motor shall designate the year the outboard motor was manufactured as the "Year Manufactured" and shall further designate the year the dealer received the new outboard motor from the manufacturer as the "Model Year-NEW". Any outboard motor manufactured on or after July first of any year shall be labeled "Year Manufactured" with the calendar year immediately following the year manufactured unless the manufacturer indicates a specific model or program year. This provision is similar to the one contained in HB 1759 (2012) and HCS/SCS/SB 480 (2012)(Section 306.532) (HA 4).

SELLING OR ADVERTISING IN STATE PARKS - Under current law, persons are prohibited from offering or advertising merchandise or other goods for sale or hire, or to maintain any concession, or use any park facilities, buildings, trails, roads or other state park property for commercial use except by written permission or concession contract with the department of natural resources. This act provides that this prohibition shall not apply to the normal and customary use of trails and roads by commercial and noncommercial entities for the purpose of transporting persons, bicycles, or watercraft (Section 577.073)(HA 6).

STEPHEN WITTE