HCS HB 2042 -- OFF-HIGHWAY VEHICLES

SPONSOR:  Brown (30)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Local
Government by a vote of 10 to 0.

This substitute changes the laws regarding off-highway vehicles.
In its main provisions, the substitute:

(1)  Requires a person when applying for an original certificate
of ownership for an all-terrain vehicle or a recreational
off-highway vehicle to submit an affidavit explaining how the
vehicle was acquired, an inspection performed by law enforcement
verifying that the vehicle has not been reported stolen in the
national crime information center and any appropriate statewide
law enforcement computer, and a photocopy of the bill of sale
establishing ownership of the vehicle;

(2)  Requires a nonresident to annually obtain and display a
permit from the Department of Natural Resources to operate an
off-highway vehicle in Missouri beginning January 1, 2011, or to
display a valid highway license on the vehicle.  The cost of the
permit will be $20;

(3)  Requires the department to issue a printed user certificate
to be carried by the user of the vehicle at all times;

(4)  Allows a duplicate user certificate to be obtained by filing
an affidavit explaining the need for the replacement and
submitting an $8 replacement fee;

(5)  Specifies that all certificates will expire on December 31
of the registration year;

(6)  Exempts off-highway vehicles owned and operated by the
United States, another state, or any other political subdivision;
vehicles participating in officially sanctioned race events; and
licensed or unlicensed motorcycles from the permit requirements;
and

(7)  Creates the Off-Highway Vehicle User Permit Fund to be
administered by the department for the deposit of all off-highway
vehicle user fees and the $8 replacement fee as well as gifts,
donations, bequests, or appropriated funds.  Thirty-five percent
of the moneys in the fund must be spent for informational and
educational programs relating to safety, the environment, and the
responsible use of off-highway vehicle recreation.  The remaining
65% must be used for the designation, construction, maintenance,
renovation, and repair of off-highway routes and trails;
designation, management, and acquisition of land for access roads
and off-highway recreation facilities and use areas; enforcement
of off-highway vehicle laws; off-highway vehicle-related
informational and environmental programs, information, signage,
maps, and responsible use programs; mitigation of damages to
land, revegetation, and the prevention and restoration of damages
to natural and cultural resources; and environmental, historical,
and cultural clearance or compliance activities.  Moneys in the
fund cannot be used to construct new off-highway vehicle trails
on environmentally or culturally sensitive land unless the
appropriate land management agency determines that the new
construction would benefit or protect cultural or sensitive
sites.

Anyone violating the provisions of the substitute will be guilty
of an infraction.

FISCAL NOTE:  No impact on state funds in FY 2011, FY 2012, and
FY 2013.

PROPONENTS:  Supporters say that the bill will correct titling
consistency problems caused by the inability to title some used
all-terrain vehicles and recreational off-highway vehicles that
were bought from individuals.  The revenue generated by the user
permit and replacement fees is needed to maintain ATV parks.

Testifying for the bill were Representative Brown (30); and
Department of Natural Resources.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:12 pm