CCS SS SCS HB 683 -- TRANSPORTATION

This bill changes the laws regarding transportation.

TRANSPORTATION APPOINTEES (Sections 21.795 and 226.030, RSMo)

The position of Transportation Inspector General within the Joint
Committee on Transportation Oversight is eliminated.

Currently, the two members of the Highways and Transportation
Commission, one from each political party, who have the most
seniority in commission service assume leadership positions with
one as chair and the other as vice chair for a period of one
year.  At the end of the year, the chair and vice chair must
rotate positions.  The bill gives the chair and vice chair the
option to rotate positions.

MOTOR VEHICLE TAX COLLECTION (Sections 32.095, 144.060, 144.070,
301.280, and 301.562)

Beginning January 1, 2012, the bill allows the Director of the
Department of Revenue to appoint any motor vehicle dealer to act
as an agent for the department for the purpose of titling and
registering a motor vehicle at the time of the initial sale or
lease.  Beginning July 1, 2010, dealers may apply to the
department director to collect the sales and use tax on all
vehicles sold by the dealer.  If authorized, the dealer must file
a return and remit the tax collected, less a 2% timely filing
deduction, to the department.  Dealers will not be eligible for
fee office fees or general revenue funds for collecting and
remitting motor vehicle sales taxes.  Dealers will be subject to
the sales tax law under Chapter 144, RSMo, and must file a
monthly sales tax report pursuant to Section 301.280.

DEPARTMENT OF REVENUE FEE OFFICE CONTRACTS (Section 136.055)

The Director of the Department of Revenue must award fee office
contracts through a competitive bidding process.  All fees
collected by a tax-exempt organization may be retained and used
by the organization.

MOTOR FUEL TAX (Section 142.800)

The bill specifies that the definition of "diesel fuel" for motor
fuel tax purposes does not include biodiesel until the biodiesel
is blended with other diesel fuel or sold for highway use.

PUBLIC-PRIVATE PARTNERSHIPS (Sections 144.054, 227.600, 227.615,
227.630, and 227.646)

The bill changes the laws regarding the Missouri Public-Private
Partnerships Transportation Act by expanding the types of
projects that may be included.  Currently, the act is limited to
the bridge project over the Mississippi River.  The bill
exclusively includes any pipeline, ferry, river port, airport,
railroad, light rail, or other mass transit facility to be
financed, developed, and/or operated under an agreement between
the Highways and Transportation Commission and a private partner.

The commission is allowed to preliminarily approve a project it
determines will improve and is a needed addition to the state
transportation system.  Upon this preliminary approval, the Joint
Committee on Transportation Oversight must approve the project by
a majority vote.  Any other project must be approved by a vote of
the people before it can be financed, developed, or operated by a
private partner.  Any private partner who has a project request
disapproved can ask for a hearing to review the committee's
determination.  The "state transportation system" is defined as
the state system of nonhighway transportation programs including,
but not limited to, aviation, transit and mass transportation,
railroads, ports, waterborne commerce, freight, and intermodal
connections.

A sales and use tax exemption is authorized on all sales and
purchases of tangible property, utilities, or services for use in
public-private transportation projects; and any revenues received
from a public-private project are exempt from state income tax.
Upon completion of a project, the private partner may collect
user fees by the traveling public or the direct beneficiaries of
the project, but the collection of user fees from motor carriers
is prohibited.

DRUNK DRIVING VICTIM MEMORIAL SIGN PROGRAM (Section 227.295)

The Department of Transportation is required to establish a drunk
driving risk reduction awareness program to be known as "David's
Law," including a drunk driving victim memorial sign program.
The department must adopt, by rules and regulations, program
guidelines for the application for and placement of signs
including, but not limited to, the sign application and
qualification process, the procedure for the dedication of signs,
and procedures for the replacement or restoration of any signs
that are damaged or stolen.

Any person may apply to the department to sponsor a drunk driving
victim memorial sign in memory of an immediate family member who
died as a result of a motor vehicle accident caused by a person
who was shown to have been operating a motor vehicle in violation
of an alcohol-related traffic law at the time of the accident.  A
person who is not a member of the victim's immediate family may
also make a request if he or she submits the written consent of a
member of the victim's immediate family.  The department will
charge the sponsoring party a fee to cover the department's cost
in designing, constructing, erecting, and maintaining the sign
and its cost in administering the program.  Signs will remain in
place for 10 years and may be renewed for another 10 years after
payment of the appropriate maintenance fees.

The signs developed by the department will feature the words
"Drunk Driving Victim!", the initials of the deceased victim, the
month and year in which the victim was killed, and the phrase
"Think About It!".

No person, other than a department employee or designee, may
erect a drunk driving victim memorial sign.

HEROES WAY INTERSTATE INTERCHANGE DESIGNATION PROGRAM (Section
227.297)

The bill establishes an interstate interchange designation
program to be known as the Heroes Way Interstate Interchange
Designation Program to honor fallen Missouri heroes who have been
killed in action while in active military duty with the armed
forces in Afghanistan or Iraq on or after September 11, 2001, and
who were residents of this state at the time of their death.

Any person related by marriage, adoption, or consanguinity within
the second degree to the military member who was killed may apply
to the Department of Transportation for a designation by
submitting:

(1)  An application in a form prescribed by the department
director describing the interstate interchange for which the
designation is sought and the proposed name of the interchange.
The application must include the name of at least one current
member of the General Assembly who will sponsor the designation;

(2)  Proof that the family member was a member of the United
States armed forces and was killed in action while performing
active military duty with the United States armed forces in
Afghanistan or Iraq on or after September 11, 2001, and a signed
form certifying that the applicant is related to the member; and

(3)  A fee to be determined by the Highways and Transportation
Commission to cover, but not exceed, the costs of constructing
and maintaining the proposed interstate interchange signs.

The department must submit for approval all applications for
designations to the Joint Committee on Transportation Oversight.
If satisfied with the application and all its contents, the joint
committee must approve the application.  The joint committee must
notify the department upon the approval or denial of an
application for a designation.  If the memorial designation
request is not approved by the joint committee, 97% of the
application fee must be refunded to the applicant.

Two signs will be erected for each interstate interchange
designation.  No interstate interchange may be named or
designated after more than one individual, and a person will only
be eligible for one designation.

The highway signs erected for any designation under the program
must be erected and maintained for a 20-year period.  After that
period, the signs will be subject to removal by the department
and the interstate interchange may be designated to honor another
person.  An existing designation processed under the program may
be retained for additional 20-year increments if, at least one
year before the designation's expiration, an application to the
department is made to retain the designation along with the
required documents and all applicable required fees.

MEMORIAL HIGHWAYS AND BRIDGES (Sections 227.310, 227.313,
227.320, 227.368, 227.402, 227.406, 227.407, and 227.410)

The bill designates the following street, memorial highways, and
bridges:

(1)  The portion of State Highway 100 located in Franklin County
from its intersection with State Highway 47 to the highway's
connection with Interstate 44 as the "Veterans Memorial Highway";

(2)  The portion of State Highway 266 located in Greene County
from North Missouri Road AB to one mile east as the "Dr. Martin
Luther King Jr. Memorial Mile";

(3)  The portion of the state highway system which was designated
as State Highway 47 as of January 1, 2009, within the city limits
of the City of Washington as "Franklin Street";

(4)  The bridge over Interstate 44 on Business Loop 44 at Exit
127 in Laclede County as the "Specialist James M. Finley Memorial
Bridge";

(5)  The bridge over the Gasconade River on State Highway 17 in
Pulaski County as the "WWII Okinawa Veterans Memorial Bridge";

(6)  The portion of U. S. Highway 69 from the southern city
limits of the City of Cameron to its intersection with Interstate
35 as the "CW2 Matthew G. Kelley Memorial Highway";

(7)  The portion of Interstate 435 located in Jackson County from
mile marker 63.4 to mile marker 54.2 as the "Lamar Hunt Memorial
Highway"; and

(8)  The portion of U. S. Highway 160 in Greene County from the
intersection of Farm Road 142 to the intersection of West
Sunshine Street as the "Rabbi Abraham Joshua Heschel Memorial
Highway."

TRANSPORTATION OF RADIOACTIVE WASTE (Sections 260.392 and
260.750)

Entities which ship specified types of radioactive waste will be
assessed a fee for the transportation of waste through or within
the state.  State-funded institutions of higher education will
not be assessed a fee but must reimburse the State Highway Patrol
for the actual cost to escort shipments, and federal government
shipments of specified radioactive materials for military or
national defense purposes are exempt.

For truck shipments of radioactive waste, the cost will be $1,800
per cask with an additional surcharge of $25 per mile for each
mile over 200 that the truck travels in Missouri.  Rail shipments
of radioactive waste will cost $1,300 for the first cask and $125
for each additional cask.  Low-level radioactive waste shipments
will cost only $125 per truck or train, although a shipper may
negotiate an annual shipment fee.  Fees must be collected by the
Department of Natural Resources prior to shipment, and the
shipper must provide advance notice of specified high-level
radioactive waste shipments to the Governor's designee or to the
department for low-level radioactive waste shipments pursuant to
existing regulations.  Failure to pay the fee or provide the
required notice will result in a civil penalty not to exceed 10
times the amount assessed and not paid.

The revenue generated from the fees will be deposited into the
Environmental Radiation Monitoring Fund, administered by the
department, for specified purposes including inspections,
escorts, security, emergency response, and oversight.  The fund
may retain $300,000 at the end of the fiscal year with any excess
being returned to shippers on a pro-rata basis based on a
shipper's contribution to the fund for that fiscal year.

Beginning December 31, 2009, and every two years thereafter, the
department must submit a report to the General Assembly on the
income derived and the costs to enforce and administer these
provisions.

ALL-TERRAIN VEHICLES (Section 301.010)

The bill revises the definition of "all-terrain vehicle" (ATV) as
it relates to motor vehicle registration and licensing, vehicle
equipment, and traffic regulations by increasing the vehicle's
unladen dry weight from 1,000 pounds to 1,500 pounds and by
specifying that an ATV is a vehicle with four or more nonhighway,
instead of the current low pressure, tires and defines a
"recreational off-highway vehicle" as any motorized vehicle
manufactured and used exclusively for off-highway use which is 60
inches or less in width, with an unladen dry weight of 1,850
pounds or less, traveling on four or more nonhighway tires, with
a nonstraddle seat and steering wheel which may have access to
ATV trails.

REGISTRATION OF FLEET VEHICLES (Section 301.032)

The bill allows registered fleet owners the option of registering
all motor vehicles included in the fleet on a biennial basis.  An
application for registration of a fleet vehicle must be
accompanied by a certificate of inspection and approval issued no
more than 120 days prior to the date of the registration
application.  Fleet owners may obtain fleet vehicle license
plates bearing the company's name or logo for an additional
one-time $5 fee per vehicle.

TEMPORARY LICENSE PLATES AND EXPIRED LICENSE PLATES (Section
301.140)

Anyone purchasing a motor vehicle or trailer from a dealer must
provide proof of financial responsibility to the dealer before
the issuance of a temporary license plate.

The bill also allows individuals to possess expired license
plates for a charitable purpose.

SPECIAL LICENSE PLATES (Sections 21.795, 301.165, and 301.3155)

The bill allows for the following special license plates:

(1)  Brain Tumor Awareness Organization; and

(2)  Armed Forces Expeditionary Medal.

The Joint Committee on Transportation's speciality license plate
approval process is revised.

PRODUCTION OF LICENSE PLATE TABS (Section 301.290)

The bill extends from January 1, 2010, to January 1, 2011, the
date that Correctional Enterprises within the Department of
Corrections may erect and maintain all of the machinery and
equipment necessary for the manufacture of license plate tabs for
the Department of Revenue.

MOBILITY MOTOR VEHICLE DEALERS (Section 301.571)

Mobility motor vehicle dealers are allowed to purchase new motor
vehicles and equip them for retail sale as mobility motor
vehicles but are prohibited from advertising the vehicles for
resale until they are fitted or equipped as mobility motor
vehicles.

PERMANENTLY DISABLED NOTATION ON DRIVER'S OR NONDRIVER'S LICENSE
(Section 302.182)

The bill allows an individual who is permanently disabled to
apply to the Department of Revenue to have a notation indicating
that status on his or her driver's or nondriver's license.  The
department will establish the cost and criteria for the placement
of the notation.

BOATER IDENTIFICATION CARD NOTATION ON DRIVER'S LICENSE (Section
302.184)

Any resident of this state possessing a boater identification
card issued by the State Water Patrol may apply to the Department
of Revenue to have a notation placed on the person's driver's or
nondriver's license indicating that the person has complied with
the applicable provisions of the law.  The department can
establish the cost and criteria for the placement of the
notation.  Any driver's or nondriver's license bearing a notation
may be used for identification in lieu of a boater identification
card.

DRIVER IMPROVEMENT PROGRAMS (Sections 302.302 and 476.385)

A court using a centralized violation bureau is allowed to
provide an individual who has violated certain traffic violations
the option of attending a driver-improvement program or
motorcycle-rider training course in lieu of assessing points
against the person's driver's license.  The individual must
verify his or her attendance as directed by the bureau when
paying the required fines and court costs.

TRAFFIC FINE REVENUES (Section 302.341)

Currently, if a city, town, or village receives more than 45% of
its total annual revenue from fines for traffic violations, all
revenue from these violations in excess of 45% must be sent to
the Department of Revenue.  The bill reduces the amount to 35% of
the annual general operating revenue but includes court costs for
traffic violations in the amount.  The Director of the Department
of Revenue is required to establish a procedure for the excess
revenue to be sent to the department.  If a city, town, or
village disputes the determination that it has received excess
revenue, it may submit to an annual audit by the State Auditor.

MOTOR VEHICLE VIOLATION PENALTIES (Sections 301.131, 301.150,
301.310, 301.420, 301.440, 301.716, 307.010, 307.015, 307.090,
307.120, 307.125, 307.155, 307.172, 307.173, 307.195, 307.198,
307.365, 307.375, 307.390, 307.400, 488.006, and 556.021)

The bill changes the laws regarding the penalties for certain
violations of motor vehicle licensing, registration, and
equipment provisions.  In its main provisions, the bill:

(1)  Changes the penalties for persons violating the provisions
of Sections 301.010 - 301.440 regarding registration and
licensing of motor vehicles.  Currently, persons violating a
provision of these sections can be found guilty of a class C
misdemeanor and be subject to a fine of not less than $5 or more
than $500 and/or imprisonment in the county jail for a term not
exceeding one year.  The bill reduces the penalty to an
infraction with the same fines;

(2)  Specifies that any person who willfully or knowingly makes a
false statement on an application for the registration of a motor
vehicle or trailer, or as a dealer, or in an application for or
assignment of a certificate of ownership will be guilty of a
class C misdemeanor;

(3)  Changes a violation of the following from a misdemeanor to
an infraction:

(a)  Provisions of Sections 301.700 - 301.714 and Section 307.198
regarding all-terrain vehicles;

(b)  Provisions regarding when materials fall off a vehicle,
trailer, or semitrailer while being transported or carried;

(c)  Provisions requiring vehicles to be equipped with mud flaps;

(d)  Provisions of Sections 307.020 - 307.120 regarding vehicle
spotlamp regulations;

(e)  Provisions regarding the lighting or reflective marking
requirements for animal-driven vehicles;

(f)  Provisions of Sections 307.130 - 307.160 regarding vehicle
safety glass;

(g)  Provisions regarding maximum vehicle bumper heights;

(h)  Provisions regarding vehicle side window tinting;

(i)  Provisions regarding the improper operation of a motorized
bicycle;

(j)  Provisions of Sections 307.350 - 307.390 regarding motor
vehicle inspections; and

(k)  Provisions of Section 307.400 regarding commercial vehicles
and drivers of commercial vehicles;

(4)  Changes a violation of the following from an infraction to a
class C misdemeanor:

(a)  Provisions of Section 307.365 regarding requirements of
official inspection stations; and

(b)  Provisions of Section 307.375 regarding inspections of buses
used to transport children to or from school;

(5)  Requires Missouri courts, unless otherwise provided by law,
to assess all court costs, fees, surcharges, and other
miscellaneous charges for any infraction in the same manner and
amount as for a misdemeanor;

(6)  Specifies that an offense is an infraction if it is
designated as one or if a violation can result only in a fine,
forfeiture, other civil penalty, or any combination thereof.  A
determination of whether an infraction has occurred will be made
by the filing of a civil action.  The action must be filed by a
person who is authorized to bring a criminal action or an action
to enforce an ordinance if the conduct constituted a crime or
ordinance violation.  The action will be brought in the name of
the state or the appropriate political subdivision.  An
infraction violation must be proved by a preponderance of the
evidence but must not be tried by a jury.  If an infraction
violation is proven, judgment must be entered for the plaintiff;
and

(7)  Requires the driver of any vehicle or the rider of any
animal traveling on a roadway to stop on the signal of any law
enforcement officer and to obey any reasonable signal or
direction of the officer given in the course of enforcing any
infraction.  Any person who willfully fails or refuses to obey
any signal or direction or who willfully resists or opposes an
officer in the proper discharge of his or her duties while
enforcing any infraction will be guilty of a class A misdemeanor.

COMMERCIAL DRIVER'S LICENSES (Sections 302.545, 302.700, 302.735,
302.755, 302.775, and 311.326)

The bill prohibits the expungement of a minor in possession
charge or for being found guilty with a blood-alcohol content of
at least .04 for the holder of a commercial driver's license or a
person operating a commercial motor vehicle when the violation
occurred.  Any person convicted for the first violation of an
alcohol-related offense will be disqualified from driving a
commercial motor vehicle for a period of not less than one year.

The Director of the Department of Revenue will disqualify a
commercial driver's license holder or operator of a commercial
motor vehicle as a commercial driver upon receipt of a conviction
for an offense or failure to appear or pay.  The disqualification
will remain in effect until the department director receives
notice that the person has complied with the requirement to
appear or pay.

The state must immediately revoke a hazardous materials
endorsement upon receipt of an Initial Determination of Threat
Assessment and Immediate Revocation from the federal
Transportation Security Administration and must revoke or deny a
hazardous materials endorsement within 15 days of receipt of a
final determination.  The definition of "hazardous materials" is
revised to be consistent with federal law and regulations.

The bill clarifies the commercial driver's license exemption for
a farm vehicle by specifying that it must be operated by a farmer
or his or her employee or family member while transporting
agricultural products, machinery, supplies, or a combination of
these within 150 miles to or from the farm and not used in the
operations of a common or contract motor carrier.

Any person convicted for driving while out of service will be
disqualified from driving a commercial motor vehicle in a manner
prescribed by federal regulations instead of the current
specified time period.

OPERATION OF GOLF CARTS OR MOTORIZED WHEELCHAIRS ON STREETS
(Section 304.034)

The governing body of any municipality by resolution or ordinance
may allow a person to operate a golf cart or motorized wheelchair
on any street or highway under its jurisdiction.  A golf cart or
motorized wheelchair cannot be operated at any time on any state
or federal highway but may cross a portion of the state highway
system which intersects a municipal street except at an
intersection where the highway being crossed has a posted speed
limit of more than 45 miles per hour.

A golf cart operated on a city street must be equipped with
adequate brakes and must meet any other safety requirements
imposed by the governing body but will not be subject to state
registration provisions.

"Golf cart" means a motor vehicle designed and manufactured for
operation on a golf course for sporting or recreational purposes
that is not capable of exceeding a speed of 20 miles per hour.

TOWING ABANDONED VEHICLES (Section 304.155)

Currently, property is considered to be abandoned when it has
been on the right-of-way of any highway or freeway in an
urbanized area for 10 hours.  Property on the right-of-way on any
highway or freeway outside of an urbanized area is not considered
abandoned until it has been on the right-of-way for 48 hours.
The bill specifies that property outside of an urbanized area
will be considered abandoned after it has been left unattended
for 24 hours on the right-of-way of any state or interstate
highway.

The bill also authorizes law enforcement officers to tow a
vehicle abandoned by a person who eludes arrest for an alleged
offense for which the officer would have taken the offender into
custody and allows officers to immediately remove abandoned
property from the right-of-way of any interstate, freeway, or
state highway if the abandoned property is creating a traffic
hazard.  Currently, only the Department of Transportation is
authorized to immediately remove a hazard from a state highway.

TRACTOR PARADES (Sections 304.170 and 304.260)

Tractors driven by licensed drivers during daylight hours on
specified parade routes for fund-raising activities and other
special community events involving tractors are exempt from
certain width, height, length, and registration regulations with
the approval of the Superintendent of the State Highway Patrol.

TRAFFIC CONTROL SIGNALS (Section 304.285)

The bill creates an affirmative defense for any person operating
a motorcycle or bicycle who enters or crosses an intersection
controlled by a traffic signal against a red light if the
motorcycle or bicycle has been brought to a complete stop, the
traffic signal shows a red light for an unreasonable time, the
traffic signal is apparently malfunctioning or has apparently
failed to detect the arrival of the motorcycle, and no motor
vehicle or person is approaching or is so far away that it does
not constitute an immediate hazard.

MOTOR VEHICLE SAFETY INSPECTIONS (Section 307.350)

Motor vehicles will be exempt from the state motor vehicle safety
inspection requirement for the five-year period following their
model year of manufacture.  Vehicles registered in excess of
24,000 pounds for a period of less than 12 months will also be
exempt.  This exemption will not apply to a prior salvage vehicle
immediately following a rebuilding process or to a motor vehicle
that is required to undergo an inspection after being involved in
an accident.

MOTOR CARRIERS (Section 387.040)

Motor carriers are exempt from filing schedules of rates, fares,
and charges for shipments of household goods transported wholly
or exclusively within commercial zones as defined in Section
390.020 or established by the Highways and Transportation
Commission under Section 390.041.

ASSAULT OF A HIGHWAY WORKER (Sections 565.081 - 565.083)

The crime of assault of a law enforcement officer, emergency
personnel, or probation and parole officer in the first, second,
and third degrees is expanded to include a highway worker in a
construction or work zone or a corrections officer.

The provisions of the bill regarding motor vehicle safety
inspection exemptions become effective January 1, 2010.

The provisions of the bill regarding the notation of a
permanently disabled person and a boater identification card
holder on a driver's or nondriver's license will become effective
July 1, 2010.

The provisions of the bill regarding fees on the transportation
of radioactive waste will expire six years from the effective
date.

The provisions of the bill regarding tractor parades contain an
emergency clause.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:25 am