HB430T-TRANSPORTATION
Summary of the Truly Agreed Version of the Bill

CCS SS SCS HCS HB 430 -- TRANSPORTATION

        (Vetoed by the Governor)

This bill changes the laws regarding transportation.

JOINT COMMITTEE ON TRANSPORTATION OVERSIGHT (Section 21.795,
RSMo)

The bill specifies that the seven Senate members of the Joint
Committee on Transportation Oversight must be composed, as nearly
as possible, of majority and minority party members in the same
proportion as the number of majority and minority party members
in the Senate.  Currently, no more than four members from the
same party can be members of the committee.

The Department of Transportation must submit its annual report no
later than December 31, instead of by November 10; and the annual
meeting to receive and examine the report must be held prior to
February 15, instead of December 1.

REIMBURSEMENTS TO BI-STATE DEVELOPMENT AGENCY (Section 70.441)

A person who is convicted, pleads guilty, or pleads nolo
contendere for failing to pay the proper fare, fee, or other
charge for the use of facilities and conveyances of the Bi-State
Development Agency is required to reimburse, in addition to the
unpaid fare or charges and any fines, penalties, or sentences
imposed by law, the reasonable costs attributable to the
enforcement, investigation, and prosecution of the offense by the
agency.  The court must direct the reimbursement proceeds to the
appropriate agency official.

BILLBOARDS (Sections 226.540 and 226.541)

The bill:

(1)  Allows local authorities to adopt regulations regarding
billboard size, height, lighting, and spacing provisions that are
more restrictive than state law if they allow for customary usage
and comply with the intent of the provisions of Section 226.540.
Local regulations cannot prohibit off-premise outdoor advertising
structures on commercial or industrial property within 660 feet
of federal aid primary or interstate highways;

(2)  Specifies that on the date that the Highways and
Transportation Commission within the Department of Transportation
approves funding for any phase or portion of construction or
reconstruction, the rules in effect for outdoor advertising on
August 27, 1999, must be reinstated for the section of highway
scheduled for construction and an immediate moratorium be imposed
on the issuance of state sign permits for new sign structures;

(3)  Allows an owner of an existing sign who meets all state
requirements for outdoor advertising in effect on August 27,
1999, meets the requirements of the federal/state agreement, and
voluntarily executes a partial waiver and reset agreement with
the commission to reset the sign on the same or adjoining
property as long as the owner obtains the necessary local
approval.  An owner entering into a reset agreement with the
commission will receive compensation for the actual cost of
resetting the sign.  A sign must be reconstructed with the same
type of materials and cannot exceed the square footage of the
original sign;

(4)  Allows a sign owner 120 days from receiving a written notice
that a sign will be displaced by construction to execute a
partial waiver and reset agreement.  If an owner fails to execute
an agreement, the commission has the right to initiate normal
condemnation procedures for the compensated removal of the sign;

(5)  Allows a local zoning authority to prohibit an owner from
resetting a qualifying sign that does not comply with local
regulations; and

(6)  Requires all signs to be subject to the biennial inspection
fees under Section 226.550.

DESIGN-BUILD CONTRACTS FOR HIGHWAY PROJECTS (Section 227.107)

The authority of the Highways and Transportation Commission
within the Department of Transportation to enter into
design-build projects is extended from July 1, 2012, to July 1,
2018.  The commission is also authorized to enter into an
additional design-build contract for the design, construction,
reconstruction, or improvement of the Daniel Boone Bridge on
U. S. Highway 40/61 I-64 located in the counties of St. Charles
and St. Louis.

RECREATIONAL OFF-HIGHWAY VEHICLES (Section 301.010)

The definition of "recreational off-highway vehicle" is revised
to be any motorized vehicle manufactured and used exclusively for
off-highway use which is 64 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 a steering
wheel.  Currently, the vehicle must be 60 inches or less in
width.

MOTOR VEHICLE REGISTRATIONS (Section 301.147)

Currently, an owner of a motor vehicle, other than a commercial
motor vehicle licensed in excess of 12,000 pounds, may register
biennially.  The bill allows an owner of a motor vehicle, other
than a commercial motor vehicle licensed in excess of 54,000
pounds, to register biennially.

MOTOR VEHICLE DEALERS (Sections 301.225, 301.425, 301.559,
301.560, and 301.562)

The bill:

(1)  Allows a representative from the Department of Revenue to
inspect the premises of a person licensed or required to be
licensed to operate a salvage yard;

(2)  Requires a person to surrender a certificate of ownership, a
license plate or tab, or a Missouri nondriver identification card
or driver's license if a peace officer or a representative from
the department has probable cause to believe that it was obtained
fraudulently.  Anyone failing to surrender an item will be guilty
of a class A misdemeanor;

(3)  Authorizes the department director to issue a dealer's
license valid for a period of up to two years and to stagger the
license periods for administrative efficiency and equalization of
workload;

(4)  Exempts certain wholesale and new motor vehicle franchise
dealers from maintaining records at their licensed place of
business as long as the records are maintained and available for
inspection at another office site and exempts certain wholesale
dealers from maintaining or posting minimum hours of operation;

(5)  Requires the department director to order an agent or
employee of the department or a law enforcement officer to secure
possession of a person's license or distinctive number plates of
any licensee who neglects or refuses to surrender an item which
has been suspended or revoked.  Anyone not surrendering an item
will be guilty of a class A misdemeanor;

(6)  Specifies that certain specified events or acts by the
holder of any license deemed to present a clear and present
danger to the public welfare will be cause for the suspension or
revocation of a license; and

(7)  Specifies the administrative procedure and notice
requirements for the suspension or revocation of a license.

SPECIAL LICENSE PLATES (Sections 301.3084 and 301.4036 and
Section 1)

The bill:

(1)  Changes the laws regarding the "Breast Cancer Awareness"
special license plate by specifying that, upon making a $25
annual contribution to the newly created Breast Cancer Awareness
Fund, a person is allowed to obtain a "Breast Cancer Awareness"
plate.  The person must pay a $15 fee in addition to the regular
registration fees and present the required documentation.
Currently, to obtain a "Breast Cancer Awareness" plate, a person
must pay a $25 emblem-use authorization fee to the Friends of the
Missouri Women's Council and submit to the Director of the
Department of Revenue an application along with the emblem-use
authorization statement issued by the council.  The bill replaces
the words "MISSOURI WOMEN'S COUNCIL" with "BREAST CANCER
AWARENESS" on the special license plate;

(2)  Allows for a special license plate for a member of the
National Wild Turkey Federation.  To obtain the plate, a person
must pay a $15 emblem-use authorization fee to the federation and
submit to the department director an application along with the
emblem-use authorization statement and a $15 fee in addition to
the regular registration fee.  Any person who was previously
issued a federation plate and who does not provide an emblem-use
authorization statement at a subsequent time of registration will
be issued a new plate which does not bear the federation's
emblem.  Prior to the issuance of the specialty plate, a list of
at least 200 potential applicants for the plate, the proposed art
design of the plate, and an application fee not to exceed $5,000
must be submitted to the department; and

(3)  Allows for a special license plate for a member of the
National Rifle Association.  To obtain the plate, a person must
pay a $25 emblem-use contribution to the association and submit
to the department director an application along with the
emblem-use authorization statement and a $15 fee in addition to
the regular registration fee.  Any person who was previously
issued an association plate and who does not provide an
emblem-use authorization statement at a subsequent time of
registration will be issued a new plate which does not bear the
association's emblem.

ENDANGERMENT OF EMERGENCY RESPONDERS (Sections 302.302, 304.890,
304.892, and 304.894)

The bill specifies that a person commits the crime of
endangerment of an emergency responder if, while in an active
emergency zone as defined in the bill, the person:

(1)  Exceeds the posted speed limit by 15 miles per hour or more;

(2)  Commits a passing violation;

(3)  Fails to stop for an active emergency zone flagman or
emergency responder or fails to obey erected traffic control
devices or personnel in the active emergency zone;

(4)  Drives through or around an active emergency zone by using
any lane not clearly designated for that purpose;

(5)  Physically assaults, attempts to assault, or threatens to
assault an emergency responder with a vehicle or other item;

(6)  Intentionally strikes, moves, or alters barrels, barriers,
signs, or other devices erected to control the flow of traffic
for any reason other than to avoid an obstacle, an emergency, or
to protect the health and safety of any person; or

(7)  Commits certain specified traffic offenses for which points
may be assessed against a person's driver's license.

Upon a finding of guilt or a plea of guilty, any person who
commits the crime of endangerment of an emergency responder will
be assessed a fine of up to $1,000 and have four points assessed
against his or her driver's license in addition to any other
penalty authorized by law.  If the offense results in the injury
or death of an emergency responder, the person will be guilty of
aggravated endangerment of an emergency responder and will be
assessed a fine of up to $5,000 for an injury and $10,000 for a
death with 12 points assessed against the person's driver's
license.

The bill requires a court to assess a fine of $35 in addition to
any other authorized fine to a person who is convicted of or who
pled guilty to a first offense for a moving violation if the
offense occurred within an active emergency zone.  For a
subsequent conviction or plea of guilty, the court must assess a
$75 fine in addition to any other authorized fine.  Upon the
first conviction or plea of guilty by any person for a speeding
or a passing violation, the court must assess a fine of $250 in
addition to any other authorized fine if the offense occurred
within an active emergency zone and at the time the speeding or
passing violation occurred there were emergency responders in the
zone.  For a subsequent conviction or plea, the court must assess
a fine of $300 in addition to any other fine authorized by law.
Any driver passing another motor vehicle within an active
emergency zone will be guilty of a class C misdemeanor.  No
person can be assessed an additional fine if the area is not
visibly marked by emergency personnel.

LIMITED DRIVING PRIVILEGES (Section 302.309)

The bill removes the provisions allowing the issuance of limited
driving privileges to a repeat driving while intoxicated offender
for the purpose of seeking medical treatment or for any other
circumstance that the court or department director finds would
create an undue hardship if not allowed but specifies that it can
be used for driving to or from the person's place of employment,
attending school, attending an alcohol or drug treatment program,
or seeking the services of a certified ignition interlock device
provider.

The bill specifies that certain repeat offenders will not be
eligible for limited driving privileges until they have completed
the first 30 days of a suspension or 45 days of a revocation.

COMMERCIAL DRIVER'S LICENSES (Sections 302.341, 302.700, and
302.768)

The bill:

(1)  Requires the Director of the Department of Revenue to return
the license and remove the suspension from an individual's
driving record if he or she was not operating a commercial motor
vehicle or was not a commercial driver's license holder at the
time of the offense and he or she provides proof of the
disposition of the charges, payment of the fine and any court
costs, and payment of the reinstatement fee;

(2)  Specifies that a person will be disqualified for a
commercial driver's license for any withdrawal of his or her
privilege to drive a commercial vehicle by the countries of
Canada or Mexico as the result of certain specified motor vehicle
violations;

(3)  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; and

(4)  Specifies that 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 for or 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.

MUNICIPAL STREETS (Sections 304.120 and 537.293)

A municipality is required to allow at least one street, with
lawful traffic movement and access from both directions, to be
available for use by a commercial vehicle to access any road in
the state highway system.  The bill specifies that the legal use
of a vehicle on a public street or highway cannot constitute a
public or private nuisance and cannot be the basis of a civil
action for a public or private nuisance.

VEHICLES HAULING LIVESTOCK OR AGRICULTURAL PRODUCTS (Section
304.180)

The bill specifies that the total gross weight of a vehicle or a
combination of vehicles hauling livestock on U. S. Highway 36
from St. Joseph to U. S. Highway 63, on U. S. Highway 65 from the
Iowa state line to U. S. Highway 36, and on U. S. Highway 63 from
U. S. Highway 36 to the Iowa state line cannot exceed 85,500
pounds.  Currently, this weight limit cannot be exceeded 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.

RELOCATION OF MANUFACTURED HOMES (Section 304.200)

The transportation of a manufactured home is prohibited unless
the owner of the home has paid property taxes on the home for the
taxable year in which the home is being moved and for all prior
taxable years.  The homeowner or title holder must obtain a
receipt from the county collector showing that all property taxes
on the home have been paid prior to the transport.

HOUSEHOLD GOODS MOTOR CARRIER REGULATIONS (Sections 387.040,
387.050, 387.080, 387.110, 387.137, 387.139, 387.207, 387.355,
390.051, 390.054, 390.061, 390.116, and 390.280)

The bill:

(1)  Exempts a motor carrier transporting household goods in
intrastate commerce from the requirement to file its schedule of
rates, fares, and charges with the Highways and Transportation
Commission within the Department of Transportation.  Currently,
only a household goods motor carrier operating exclusively within
a commercial zone is not required to file its schedule.  In lieu
of filing this information with the commission, a household goods
motor carrier engaged in intrastate commerce must maintain and
publish its schedule of rates, fares, charges, and tolls in each
of its stations and offices.  The rates must be available for
inspection by the commission, shippers, and the public upon
request;

(2)  Prohibits a household goods motor carrier from participating
in a joint tariff except for a joint tariff relating to joint
rates for the transportation of household goods over any through
routes or by interline service performed by two or more separate
motor carriers.  A household goods motor carrier participating in
through routes or interline service must publish a joint tariff
and evidence of its concurrence or acceptance or individual
tariff for each participating carrier;

(3)  Removes the provision which prohibits a household goods
motor carrier from using any schedule of rates or charges that
divide the state into territorial rate areas;

(4)  Requires the commission to establish consumer protection
requirements for motor carriers transporting household goods in
intrastate commerce and to establish a system for filing,
logging, and responding to consumer complaints;

(5)  Specifies that all rates, tolls, charges, schedules, and
joint rates fixed by the commission with reference to the
transportation of passengers and household goods by a motor
carrier will be in force and will be prima facie lawful and
reasonable until found otherwise in a suit brought under Chapter
387;

(6)  Voids, on August 28, 2011, all rate orders issued by the
commission affecting the intrastate transportation of household
goods to the extent that the rate order requires or prescribes
any minimum, maximum, or minimum and maximum rates for the
transportation of the goods;

(7)  Specifies that, beginning August 28, 2011, no certificate or
permit to transport household goods in intrastate commerce will
be issued or renewed unless the applicant demonstrates compliance
with state workers' compensation insurance coverage laws for all
of its employees;

(8)  Removes the provision requiring a contract motor carrier
transporting household goods to demonstrate that the proposed
service will serve a useful present or future public purpose when
applying for a certificate of authority or permit.  An applicant
for a household goods moving certificate of authority or permit
will not have to satisfy the public convenience and necessity
test when proposing a new service, an extension of existing
service, or a transfer of authority.  An applicant for a
household goods certificate of authority or permit must be fit
and willing and able to perform the proposed service and must
conform to other specified requirements; and

(9)  Voids any geographic restriction or provision limiting a
household goods motor carrier's scope of authority to particular
routes within this state contained in a certificate, permit, or
both which was issued prior to August 28, 2011, and any similar
provision contained in a carrier's tariff schedule filed prior to
that date.  In lieu of the geographic restrictions, a carrier
must be authorized to provide intrastate transportation of
household goods between all points and destinations within the
state until the time the certificates, permits, and tariff
schedules are reissued or amended to reflect the carrier's
statewide operating authority.

MINING PERMITS (Section 444.771)

The Department of Natural Resources and the Land Reclamation
Commission within the department are prohibited from issuing a
surface mining or a water or air quality permit to any person
whose mine plan boundary is within 1,000 feet of any property
where an accredited school has been located for at least five
years prior to the permit application.  This provision does not
apply to a request for an expansion to an existing mine or to any
underground mining operation.

COMMUNITY SERVICE FOR INTOXICATION-RELATED TRAFFIC OFFENSES
(Section 577.023)

Currently, as an alternative to imprisonment, a prior offender of
an intoxication-related traffic offense can perform at least 30
days of community service as one condition of being eligible for
parole or probation and a persistent offender can perform at
least 60 days of community service.  The bill specifies that a
prior offender must perform at least 30 days involving at least
240 hours of community service and a persistent offender must
perform at least 60 days involving at least 480 hours of
community service before he or she is eligible for probation or
parole.

The provisions regarding motor vehicle registrations become
effective July 1, 2012; and certain provisions regarding
commercial driver's licenses become effective on the date the
Director of the Department of Revenue begins accepting medical
certifications or May 1, 2013, whichever occurs first.

Copyright (c) Missouri House of Representatives


Missouri House of Representatives
96th General Assembly, 1st Regular Session
Last Updated August 9, 2011 at 1:20 pm