FIRST REGULAR SESSION

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 924, 714, 685, 756,

734 & 518

91ST GENERAL ASSEMBLY

TED WEDEL, Chief Clerk

2090L.04C

AN ACT

To repeal sections 142.803, 144.020, 144.440, 144.700, 144.805, 226.200, 227.100, 301.055, 301.057, 301.058, 301.059, 301.061, 301.063, 301.065, 301.067, 301.069, 302.302, 302.505, 302.510, 302.520, 302.541, 304.012, 556.061, 577.010, 577.012, 577.020 and 577.037, RSMo 2000, and to enact in lieu thereof thirty-two new sections relating to transportation and public infrastructure, with penalty provisions and a referendum clause.

Section A. Sections 142.803, 144.020, 144.440, 144.700, 144.805, 226.200, 227.100, 301.055, 301.057, 301.058, 301.059, 301.061, 301.063, 301.065, 301.067, 301.069, 302.302, 302.505, 302.510, 302.520, 302.541, 304.012, 556.061, 577.010, 577.012, 577.020 and 577.037, RSMo 2000, are repealed and thirty-two new sections enacted in lieu thereof, to be known as sections 142.803, 142.804, 144.020, 144.440, 144.700, 144.805, 226.200, 226.1000, 226.1010, 227.025, 227.100, 227.107, 301.055, 301.057, 301.058, 301.059, 301.061, 301.063, 301.065, 301.067, 301.069, 302.302, 302.505, 302.510, 302.520, 302.541, 304.012, 556.061, 577.010, 577.012, 577.020 and 577.037, to read as follows:

142.803. 1. A tax is levied and imposed on all motor fuel used or consumed in this state as follows:

(1) Motor fuel, seventeen cents per gallon. [Beginning April 1, 2008,] Upon the effective date of the motor fuel tax levied and imposed pursuant to section 142.804, the tax rate pursuant to this section shall become eleven cents per gallon;

(2) Alternative fuels, not subject to the decal fees as provided in section 142.869, with a power potential equivalent of motor fuel. In the event alternative fuel, which is not commonly sold or measured by the gallon, is used in motor vehicles on the highways of this state, the director is authorized to assess and collect a tax upon such alternative fuel measured by the nearest power potential equivalent to that of one gallon of regular grade gasoline. The determination by the director of the power potential equivalent of such alternative fuel shall be prima facie correct;

(3) Aviation fuel used in propelling aircraft with reciprocating engines, nine cents per gallon as levied and imposed by section 155.080, RSMo, to be collected as required under this chapter.

2. All taxes, surcharges and fees are imposed upon the ultimate consumer, but are to be precollected as described in this chapter, for the facility and convenience of the consumer. The levy and assessment on other persons as specified in this chapter shall be as agents of this state for the precollection of the tax.

142.804. 1. In addition to the tax levied and imposed pursuant to subdivision (1) of subsection 1 of section 142.803, an additional tax of nine cents per gallon is hereby levied and imposed on motor fuel.

2. The additional tax is imposed upon the ultimate consumer, but is to be precollected as described in this chapter, for the facility and convenience of the consumer. The levy and assessment on other persons as specified in this chapter shall be as agents of this state for the precollection of the tax.

144.020. 1. A tax is hereby levied and imposed upon all sellers for the privilege of engaging in the business of selling tangible personal property or rendering taxable service at retail in this state. The rate of tax shall be as follows:

(1) Upon every retail sale in this state of tangible personal property, a tax equivalent to four and three-fourths percent of the purchase price paid or charged, or in case such sale involves the exchange of property, a tax equivalent to four and three-fourths percent of the consideration paid or charged, including the fair market value of the property exchanged at the time and place of the exchange, except as otherwise provided in section 144.025;

(2) A tax equivalent to four and three-fourths percent of the amount paid for admission and seating accommodations, or fees paid to, or in any place of amusement, entertainment or recreation, games and athletic events;

(3) A tax equivalent to four and three-fourths percent of the basic rate paid or charged on all sales of electricity or electrical current, water and gas, natural or artificial, to domestic, commercial or industrial consumers;

(4) A tax equivalent to four and three-fourths percent on the basic rate paid or charged on all sales of local and long distance telecommunications service to telecommunications subscribers and to others through equipment of telecommunications subscribers for the transmission of messages and conversations and upon the sale, rental or leasing of all equipment or services pertaining or incidental thereto; except that, the payment made by telecommunications subscribers or others, pursuant to section 144.060, and any amounts paid for access to the Internet or interactive computer services shall not be considered as amounts paid for telecommunications services;

(5) A tax equivalent to four and three-fourths percent of the basic rate paid or charged for all sales of services for transmission of messages of telegraph companies;

(6) A tax equivalent to four and three-fourths percent on the amount of sales or charges for all rooms, meals and drinks furnished at any hotel, motel, tavern, inn, restaurant, eating house, drugstore, dining car, tourist cabin, tourist camp or other place in which rooms, meals or drinks are regularly served to the public;

(7) A tax equivalent to four and three-fourths percent of the amount paid or charged for intrastate tickets by every person operating a railroad, sleeping car, dining car, express car, boat, airplane and such buses and trucks as are licensed by the division of motor carrier and railroad safety of the department of economic development of Missouri, engaged in the transportation of persons for hire;

(8) A tax equivalent to four and three-fourths percent of the amount paid or charged for rental or lease of tangible personal property, provided that if the lessor or renter of any tangible personal property had previously purchased the property under the conditions of "sale at retail" as defined in subdivision (8) of section 144.010 or leased or rented the property and the tax was paid at the time of purchase, lease or rental, the lessor, sublessor, renter or subrenter shall not apply or collect the tax on the subsequent lease, sublease, rental or subrental receipts from that property. The purchase or use of motor vehicles, trailers, boats, and outboard motors shall be taxed and the tax paid as provided in sections 144.070 and 144.440. No tax shall be collected on the rental or lease of motor vehicles, trailers, boats, and outboard motors, except as provided in sections 144.070 and 144.440. In no event shall the rental or lease of boats and outboard motors be considered a sale, charge, or fee to, for or in places of amusement, entertainment or recreation nor shall any such rental or lease be subject to any tax imposed to, for, or in such places of amusement, entertainment or recreation. Rental and leased boats or outboard motors shall be taxed under the provisions of the sales tax laws as provided under such laws for motor vehicles and trailers. Tangible personal property which is exempt from the sales or use tax under section 144.030 upon a sale thereof is likewise exempt from the sales or use tax upon the lease or rental thereof.

2. All tickets sold which are sold under the provisions of sections 144.010 to 144.525 which are subject to the sales tax shall have printed, stamped or otherwise endorsed thereon, the words "This ticket is subject to a sales tax.".

144.440. 1. In addition to all other taxes now or hereafter levied and imposed upon every person for the privilege of using the highways or waterways of this state, there is hereby levied and imposed a tax equivalent to four and three-fourths percent of the purchase price, as defined in section 144.070, which is paid or charged on new and used motor vehicles, trailers, boats, and outboard motors purchased or acquired for use on the highways or waters of this state which are required to be registered under the laws of the state of Missouri.

2. At the time the owner of any such motor vehicle, trailer, boat, or outboard motor makes application to the director of revenue for an official certificate of title and the registration of the same as otherwise provided by law, he shall present to the director of revenue evidence satisfactory to the director showing the purchase price paid by or charged to the applicant in the acquisition of the motor vehicle, trailer, boat, or outboard motor, or that the motor vehicle, trailer, boat, or outboard motor is not subject to the tax herein provided and, if the motor vehicle, trailer, boat, or outboard motor is subject to the tax herein provided, the applicant shall pay or cause to be paid to the director of revenue the tax provided herein.

3. In the event that the purchase price is unknown or undisclosed, or that the evidence thereof is not satisfactory to the director of revenue, the same shall be fixed by appraisement by the director.

4. No certificate of title shall be issued for such motor vehicle, trailer, boat, or outboard motor unless the tax for the privilege of using the highways or waters of this state has been paid or the vehicle, trailer, boat, or outboard motor is registered under the provisions of subsection 5 of this section.

5. The owner of any motor vehicle, trailer, boat, or outboard motor which is to be used exclusively for rental or lease purposes may pay the tax due thereon required in section 144.020 at the time of registration or in lieu thereof may pay a use tax as provided in sections 144.010, 144.020, 144.070 and 144.440. A use tax shall be charged and paid on the amount charged for each rental or lease agreement while the motor vehicle, trailer, boat, or outboard motor is domiciled in the state. If the owner elects to pay upon each rental or lease, he shall make an affidavit to that effect in such form as the director of revenue shall require and shall remit the tax due at such times as the director of revenue shall require.

6. In the event that any leasing company which rents or leases motor vehicles, trailers, boats, or outboard motors elects to collect a use tax, all of its lease receipt would be subject to the use tax, regardless of whether or not the leasing company previously paid a sales tax when the vehicle, trailer, boat, or outboard motor was originally purchased.

7. The provisions of this section, and the tax imposed by this section, shall not apply to manufactured homes.

144.700. 1. All revenue received by the director of revenue from the tax imposed by sections 144.010 to 144.430 and 144.600 to 144.745, except that revenue derived from the rate of one cent on the dollar of the tax which shall be held and distributed in the manner provided in sections 144.701 and 163.031, RSMo, and except that revenue derived from the rate of one-fourth of one percent of the tax which shall be held and distributed in the manner prescribed in section 226.1010, RSMo, shall be deposited in the state general revenue fund, including any payments of the taxes made under protest.

2. The director of revenue shall keep accurate records of any payment of the tax made under protest. In the event any payment shall be made under protest:

(1) A protest affidavit shall be submitted to the director of revenue within thirty days after the payment is made; and

(2) An appeal shall be taken in the manner provided in section 144.261 from any decision of the director of revenue disallowing the making of the payment under protest or an application shall be filed by a protesting taxpayer with the director of revenue for a stay of the period for appeal on the ground that a case is presently pending in the courts involving the same question, with an agreement by the taxpayer to be bound by the final decision in the pending case.

3. Nothing in this section shall be construed to apply to any refund to which the taxpayer would be entitled under any applicable provision of law.

4. All payments deposited in the state general revenue fund that are made under protest shall be retained in the state treasury if the taxpayer does not prevail. If the taxpayer prevails, then taxes paid under protest shall be refunded to the taxpayer, with all interest income derived therefrom, from funds appropriated by the general assembly for such purpose.

144.805. 1. In addition to the exemptions granted pursuant to the provisions of section 144.030, there shall also be specifically exempted from the provisions of sections 144.010 to 144.525, sections 144.600 to 144.748, and section 238.235, RSMo, and the provisions of any local sales tax law, as defined in section 32.085, RSMo, and from the computation of the tax levied, assessed or payable pursuant to sections 144.010 to 144.525, sections 144.600 to 144.748, and section 238.235, RSMo, and the provisions of any local sales tax law, as defined in section 32.085, RSMo, all sales of aviation jet fuel in a given calendar year to common carriers engaged in the interstate air transportation of passengers and cargo, and the storage, use and consumption of such aviation jet fuel by such common carriers, if such common carrier has first paid to the state of Missouri, in accordance with the provisions of this chapter, state sales and use taxes pursuant to the foregoing provisions and applicable to the purchase, storage, use or consumption of such aviation jet fuel in a maximum and aggregate amount of one million five hundred thousand dollars of state sales and use taxes in such calendar year.

2. To qualify for the exemption prescribed in subsection 1 of this section, the common carrier shall furnish to the seller a certificate in writing to the effect that an exemption pursuant to this section is applicable to the aviation jet fuel so purchased, stored, used and consumed. The director of revenue shall permit any such common carrier to enter into a direct-pay agreement with the department of revenue, pursuant to which such common carrier may pay directly to the department of revenue any applicable sales and use taxes on such aviation jet fuel up to the maximum aggregate amount of one million five hundred thousand dollars in each calendar year. The director of revenue shall adopt appropriate rules and regulations to implement the provisions of this section, and to permit appropriate claims for refunds of any excess sales and use taxes collected in calendar year 1993 or any subsequent year with respect to any such common carrier and aviation jet fuel.

3. The provisions of this section shall apply to all purchases and deliveries of aviation jet fuel from and after May 10, 1993.

4. Effective September 1, 1998, all sales and use tax revenues upon aviation jet fuel received pursuant to this chapter, less the amounts specifically designated pursuant to the constitution or pursuant to section 144.701, for other purposes, shall be deposited to the credit of the aviation trust fund established pursuant to section 305.230, RSMo[; provided however, the amount of such state sales and use tax revenues deposited to the credit of such aviation trust fund shall not exceed five million dollars in each calendar year.

5. The provisions of this section and section 144.807 shall expire on December 31, 2003].

226.200. 1. There is hereby created a "[State Highways and] Transportation Department Fund" into which shall be paid or transferred all state revenue derived from highway users as an incident to their use or right to use the highways of the state, including all state license fees and taxes upon motor vehicles, trailers, and motor vehicle fuels, and upon, with respect to, or on the privilege of the manufacture, receipt, storage, distribution, sale or use thereof (excepting the sales tax on motor vehicles and trailers, and all property taxes), and all other revenue received or held for expenditure by or under the department of transportation or the [state highways and] transportation commission, except:

(1) Money arising from the sale of bonds;

(2) Money received from the United States government; or

(3) Money received for some particular use or uses other than for the payment of principal and interest on outstanding state road bonds.

2. Subject to the limitations of subsection 3 of this section, from said fund shall be paid or credited the cost:

(1) [Of collection of all said state revenue derived from highway users as an incident to their use or right to use the highways of the state;

(2)] Of maintaining the [state highways and] transportation commission;

[(3)] (2) Of maintaining the state transportation department;

[(4)] (3) Of any workers' compensation for state transportation department employees; and

[(5)] (4) Of the share of the transportation department in any [retirement] fringe benefit program for state employees, only as may be provided by law[; and

(6) Of administering and enforcing any state motor vehicle laws or traffic regulations].

3. [For all future fiscal years,] The total amount of appropriations from the [state highways and] transportation department fund for all state offices and departments shall [not exceed the total amount appropriated for such offices and departments from said fund] be zero for the first full fiscal year [2001] following voter approval and all fiscal years thereafter.

4. The provisions of subsection 3 of this section shall not apply to appropriations from the [state highways and] transportation department fund to the [highways and] transportation commission and the state transportation department or to appropriations to the office of administration for department of transportation employee fringe benefits and OASDHI payments, or to appropriations to the department of revenue for motor vehicle fuel tax refunds [under] pursuant to chapter 142, RSMo, or to appropriations to the department of revenue for refunds or overpayments or erroneous payments from the [state highways and] transportation department fund.

5. All interest earned upon the [state highways and] transportation department fund shall be deposited in and to the credit of such fund.

6. Any balance remaining in said fund after payment of said costs shall be transferred to the state road fund.

7. Notwithstanding the provisions of subsection 2 of this section to the contrary, any funds raised as a result of increased taxation pursuant to sections 142.025 and 142.372, RSMo, after April 1, 1992, shall not be used for administrative purposes or administrative expenses of the transportation department.

226.1000. 1. The revenue derived from the remaining one-half of the proceeds from the state sales tax on all motor vehicles, trailers, motorcycles, mopeds and motortricycles which is not dedicated for highway and transportation use pursuant to subsection 2 of section 30(b) of article IV of the Missouri Constitution, except that revenue derived from the rate of one cent on the dollar of the tax which shall be held and distributed in the manner provided in sections 144.701 and 163.031, RSMo, shall be deposited by the state treasurer as follows:

(1) Eighty percent of the moneys to the "Public Transit Fund" which is hereby established in the state treasury. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the public transit fund shall not revert to the general revenue fund. All interest received on the public transit fund shall be credited to the fund. Moneys in the fund are to be used for the purpose of planning, locating, relocating, establishing, acquiring, constructing, administering, developing, maintaining or operating public transit systems in the state.

(2) Twenty percent of the moneys to the "Multimodal Fund", which is hereby established in the state treasury.

Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the multimodal fund shall not revert to the general revenue fund. All interest received on the multimodal fund shall be credited to the fund. Moneys in the fund are to be used for the purpose of paying for transportation projects other than highway projects and public transit projects, including but not limited to projects for aviation, railroads, ports, waterborne commerce, and multimodal transportation centers.

2. Expenditure of funds from the public transit fund and the multimodal fund shall be subject to appropriation by the general assembly.

226.1010. 1. The revenue derived from the rate of one-fourth of one percent of the taxes imposed by sections 144.010 to 144.030, RSMo, and sections 144.600 to 144.745, RSMo, shall be deposited by the state treasurer as follows:

(1) One-fourth of the moneys to the "State-Local Cooperation Fund" which is hereby established in the state treasury. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the state-local cooperation fund shall not revert to the general revenue fund. All interest received on the state-local cooperation fund shall be credited to the fund. Subject to appropriation, the secretary, with input from the ex officio members of the transportation commission, may award grants from the fund to any county commission or to any municipal corporation for locally identified transportation projects, including, but not limited to, transportation improvement projects on the state highway system or off-system transportation improvements, related to economic development or public safety. The secretary shall, as a condition precedent to making a grant, require such county or municipal corporation to provide funding for a portion of the project costs in an amount or percentage to be determined by the secretary in its discretion; provided, however, such amount shall not exceed fifty percent of the total cost of the project.

(2) The remaining three-fourths of the moneys to the "Interstate Improvement Fund" which is hereby established in the state treasury. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the interstate improvement fund shall not revert to the general revenue fund. All interest received on the interstate improvement fund shall be credited to the fund. Fund revenues may be used for principal and interest payments on bonds, maintenance, preservation, improvement, construction and reconstruction of the state's interstate highway system. The department of transportation may request appropriations from the interstate improvement fund through its annual budget submission. Accompanying any such requests, the department shall provide a plan detailing the proposed uses of the moneys including such information as the governor and general assembly may require for evaluation purposes.

227.025. The transportation department shall be responsible for the maintenance of the surface of the traveled portion of up to forty center-line miles of arterial highways in any city not within a county which are functionally classified as of January 1, 1999, by the department of transportation as principal arterial highways and which continue outside of the city limits of such city as state highways. Such city shall be responsible for the maintenance of all rights-of-way located within the city limits of such city which are adjacent to the traveled portion of said principal arterial highways. The secretary shall not be responsible for any utilities located under the traveled portion or located on the right-of-way of any such principal arterial highway located within the city limits of such city.

227.100. 1. All contracts for the construction of said work shall be let to the lowest responsible bidder or bidders after notice and publication of an advertisement in a newspaper published in the county where the work is to be done, and in such other publications as the [commission] secretary may determine[; provided, that in all cases where the project advertised shall be for the construction of more than ten miles of road, such advertisement shall provide for bids on sections of said road not to exceed ten miles, as well as on the project as a whole, and such contract shall then be let so as to provide for the most economical construction of said project].

2. Each bid shall be accompanied by a certified check or a cashier's check or a bid bond, guaranteed by a surety company authorized by the director of the department of insurance to conduct surety business in the state of Missouri, equal to five percent of the bid, which certified check, cashier's check, or bid bond shall be deposited with the commissioner as a guaranty and forfeited to the state treasurer to the credit of the state road fund in the event the successful bidder fails to comply with the terms of the proposal, and return to the successful bidder on execution and delivery of the performance bond provided for in subsection 4. The checks of the unsuccessful bidders shall be returned to them in accordance with the terms of the proposal.

3. All notices of the letting of contracts under this section shall state the time and place when and where bids will be received and opened, and all bids shall be sealed and opened only at the time and place mentioned in such notice and in the presence of some member of the [commission] secretary or some person named by the [commission] secretary for such purpose.

4. The successful bidders for the construction of said work shall enter into contracts furnished and prescribed by the [commission] secretary and shall give good and sufficient bond, in a sum equal to the contract price, to the state of Missouri, with sureties approved by the [commission] secretary and to ensure the proper and prompt completion of said work in accordance with the provisions of said contracts, and plans and specifications; provided, that if, in the opinion of the majority of the members of the [commission] secretary, the lowest bid or bids for the construction of any of the roads, or parts of roads, herein authorized to be constructed, shall be excessive, then, and in that event, said [commission] secretary shall have the right, and it is hereby empowered and authorized to reject any or all bids, and to construct, under its own direction and supervision, all of such roads and bridges, or any part thereof.

227.107. 1. As used in this section, the following terms shall mean:

(1) "Design-build highway project contract", the procurement of all materials and services necessary for the design, construction, reconstruction, improvement or maintenance of a highway project in a single contract with a person or persons capable of providing the necessary materials and services;

(2) "Design-build prequalification review team" or "review team", a team authorized by the secretary to make recommendations to the commission on persons who are qualified to bid on a design-build project. The review team shall be comprised of four representatives from the department of transportation, one representative from the Associated General Contractors of Missouri and one representative from the consulting engineers council of Missouri;

(3) "Highway project", the construction, establishment or maintenance of highways or bridges;

(4) "Person", individuals, corporations, partnerships, joint ventures, limited liability companies or other business organizations.

2. As an alternative to the requirements and procedures specified in sections 227.040 to 227.100, the secretary may enter into design-build highway project contracts. The first design-build highway project shall be a pilot project located on the interstate highway system. Subsequent design-build highway projects will be selected from interstate highway and bridge projects in the five-year plan or any highway or bridge project that is deemed by the secretary to be an emergency project.

3. In using a design-build highway project contract, the secretary shall prequalify persons based on recommendations submitted by the design-build prequalification review team before the persons will be allowed to bid on a project. Such prequalification shall be conducted as follows:

(1) The secretary shall give public notice of a request for qualifications in at least two public newspapers that are distributed wholly or in part in this state and in at least one construction industry trade publication that is distributed nationally;

(2) The secretary shall issue a request for qualifications to all persons requesting one in accordance with the instructions in the public notice. In the request for qualifications, the secretary may require that all persons submit information in a prescribed format demonstrating their relevant design and construction qualifications and experience, financial capacity, and capability of obtaining performance and payment bonds and insurance coverage specified by the secretary, ability to comply with all applicable federal, state and local laws and regulations and such other qualifications that the secretary considers to be in the best interest of the state;

(3) The secretary may investigate and verify all information submitted. All financial information, trade secrets or other information customarily regarded as confidential business information submitted to or obtained by the secretary during the contracting process set forth in this section shall be protected from disclosure pursuant to the provisions of section 227.105 and section 610.021, RSMo;

(4) The review team shall evaluate and rate all persons submitting responsive statements of qualifications. Based upon such ratings, the review team shall make a recommendation to the secretary as to which persons should be selected to receive requests for proposals;

(5) The review team may recommend any number of persons to receive requests for proposals, provided that if the review team fails to receive at least three responsive submissions from persons considered qualified by the review team, the review team shall notify the secretary. The secretary may then readvertise the project.

4. The secretary shall issue a request for proposals to all persons prequalified in accordance with subsection 3 of this section. The request for proposals shall set forth:

(1) The scope of work, contract specifications, work requirements and other requirements that have a substantial impact on the cost of the work as determined by the secretary; and

(2) Criteria to be used by the secretary to determine whether proposals are responsive and a description of the criteria and procedures to be used to evaluate proposals.

5. Proposals must consist of two separate components to be submitted to the secretary simultaneously but separately:

(1) A sealed design-build proposal; and

(2) A sealed lump sum price proposal.

The secretary shall evaluate and score responsive design-build proposals based upon criteria that may include proposed design, constructability, long-term maintenance costs, aesthetics, local impact, travel and other user costs and other factors that the commission considers to be in the best interest of the state. The secretary shall then publicly open and read responsive lump sum price proposals and divide each price by the score of that person's design-build proposal, yielding an overall value rating for each person. The secretary may award the contract to the person with the lowest responsive overall value rating and the secretary's award decision is final and is not subject to review or appeal. The secretary may also reject any or all proposals for design-build highway project contracts for any reason.

6. The secretary may require approval of any person performing subcontract work on a design-build highway project contract.

7. The bid bond and performance bond requirements of section 227.100 and the payment bond requirements of section 107.170, RSMo, shall apply to a design-build highway project contract.

8. A design-build project contract may be for construction or work of greater than ten miles of road.

9. The secretary shall prescribe the form of the contracts for the work.

10. The secretary is empowered to make all final decisions concerning the performance of the work under its contracts, including claims for additional time and compensation.

11. The provisions of sections 8.285 to 8.291, RSMo, shall not apply to the procurement of architectural, engineering or land surveying services for a design-build highway project contract; except that any person providing architectural, engineering or land surveying services for a design-build highway project contract must be licensed in Missouri to provide such services.

12. The secretary is authorized to pay a fee to all responsive bidders who are not awarded a design-build highway project. The fee and criteria for responsiveness shall be set forth in the request for qualification and request for proposals issued by the commission. In the event the secretary rejects all bid proposals for a design-build highway project, the secretary may subsequently submit a new request for proposal on the previously rejected design-build highway project. Any person who receives a fee pursuant to this section for a responsive bid on the rejected design-build highway project is prohibited from receiving a fee for a responsive bid on the subsequent design-build highway project.

301.055. The annual registration fee for motor vehicles other than commercial motor vehicles is:

Less than 12 horsepower $[18.00] 24.00

12 horsepower and less than 24 horsepower [21.00] 28.00

24 horsepower and less than 36 horsepower [24.00] 32.00

36 horsepower and less than 48 horsepower [33.00] 44.00

48 horsepower and less than 60 horsepower [39.00] 52.00

60 horsepower and less than 72 horsepower [45.00] 60.00

72 horsepower and more [51.00] 68.00

Motorcycles [8.50] 11.50

Motortricycles [10.00] 13.50

301.057. The annual registration fee for property-carrying commercial motor vehicles, not including property-carrying local commercial motor vehicles, or land improvement contractors' commercial motor vehicles, based on gross weight is:

6,000 pounds and under . $ [25.50] 34.00

6,001 pounds to 9,000 pounds [38.00] 50.50

9,001 pounds to 12,000 pounds [38.00] 50.50

12,001 pounds to 18,000 pounds [63.00] 84.00

18,001 pounds to 24,000 pounds [100.50] 134.00

24,001 pounds to 26,000 pounds [127.00] 169.00

26,001 pounds to 30,000 pounds [180.00] 239.50

30,001 pounds to 36,000 pounds [275.50] 366.50

36,001 pounds to 42,000 pounds [413.00] 549.50

42,001 pounds to 48,000 pounds [550.50] 732.00

48,001 pounds to 54,000 pounds [688.00] 915.00

54,001 pounds to 60,010 pounds [825.50] 1,098.00

60,011 pounds to 66,000 pounds [1,100.50] 1,464.00

66,001 pounds to 73,280 pounds [1,375.50] 1,829.50

73,281 pounds to 78,000 pounds [1,650.50] 2,195.00

Over 78,000 pounds [1,719.50] 2,287.00

301.058. 1. The annual registration fee for property-carrying local commercial motor vehicles, other than a land improvement contractors' commercial motor vehicles, based on gross weight is:

6,000 pounds and under $ [15.50] 20.50

6,001 pounds to 12,000 pounds [18.00] 24.00

12,001 pounds to 18,000 pounds [20.50] 27.50

18,001 pounds to 24,000 pounds [27.50] 36.50

24,001 pounds to 26,000 pounds [33.50] 44.50

26,001 pounds to 30,000 pounds [45.50] 60.50

30,001 pounds to 36,000 pounds . [67.50] 90.00

36,001 pounds to 42,000 pounds [100.50] 133.50

42,001 pounds to 48,000 pounds [135.50] 180.00

48,001 pounds to 54,000 pounds [170.50] 227.00

54,001 pounds to 60,010 pounds [200.50] 266.50

60,011 pounds to 66,000 pounds [270.50] 360.00

66,001 pounds to 72,000 pounds [335.50] 446.00

Over 72,000 pounds [350.50] 466.00

2. Any person found to have improperly registered a motor vehicle in excess of fifty-four thousand pounds when he was not entitled to shall be required to purchase the proper license plates and, in addition to all other penalties provided by law, shall be subject to the annual registration fee for the full calendar year for the vehicle's gross weight as prescribed in section 301.057.

301.059. The annual registration fee for passenger-carrying commercial motor vehicles (not including passenger-carrying local commercial motor vehicles, school buses or local transit buses) based on seating capacity is:

10 passengers or less $ [100.50] 133.50

11 to 18 passengers [180.50] 240.00

19 to 25 passengers [250.50] 333.00

26 to 29 passengers [290.50] 386.50

30 to 33 passengers [330.50] 439.50

34 to 37 passengers [370.50] 493.00

38 to 41 passengers [410.50] 546.00

42 to 45 passengers [450.50] 599.00

301.061. The annual registration fee for passenger-carrying local commercial motor vehicles based on seating capacity is:

10 passengers or less $ [50.50] 67.00

11 to 18 passengers [90.50] 120.50

19 to 25 passengers [125.50] 167.00

26 to 29 passengers [145.50] 193.50

30 to 33 passengers [165.50] 220.00

34 to 37 passengers [185.50] 247.00

38 to 41 passengers [205.50] 273.50

42 to 45 passengers [225.50] 300.00

301.063. The annual registration fee for local transit buses based on seating capacity is:

40 passengers or less $ [25.50] 34.00

41 to 45 passengers [35.50] 47.00

Over 45 passengers [50.50] 67.00

301.065. The annual registration fee for each school bus, [twenty-five] thirty-four dollars[, fifty cents].

301.067. 1. For each trailer or semitrailer there shall be paid an annual fee of [seven] ten dollars [fifty cents], and in addition thereto such permit fee authorized by law against trailers used in combination with tractors operated under the supervision of the motor carrier and railroad safety division of the department of economic development. The fees for tractors used in any combination with trailers or semitrailers or both trailers and semitrailers (other than on passenger-carrying trailers or semitrailers) shall be computed on the total gross weight of the vehicles in the combination with load.

2. Any trailer or semitrailer may at the option of the registrant be registered for a period of three years upon payment of a registration fee of [twenty-two] thirty dollars [and fifty cents].

3. Any trailer or semitrailer which is operated coupled to a towing vehicle by a fifth wheel and kingpin assembly or by a trailer converter dolly may, at the option of the registrant, be registered permanently upon the payment of a registration fee of fifty-two dollars and fifty cents. The permanent plate and registration fee is vehicle specific. The plate and the registration fee paid is nontransferable and nonrefundable, except those covered under the provisions of section 301.442.

301.069. For each driveaway license there shall be paid an annual license fee of [forty-four] fifty-nine dollars [and fifty cents] for one set of plates or such insignia as the director may issue which shall be attached to the motor vehicle as prescribed in this chapter. For single trips the fee shall be [four] five dollars and fifty cents, and descriptive insignia shall be prepared and issued at the discretion of the director who shall also prescribe the type of equipment used to attach such vehicles in combinations.

302.302. 1. The director of revenue shall put into effect a point system for the suspension and revocation of licenses. Points shall be assessed only after a conviction or forfeiture of collateral. The initial point value is as follows:

(1) Any moving violation of a state law or county or municipal or federal traffic ordinance or regulation not listed in this section, other than a violation of vehicle equipment provisions or a court-ordered supervision as provided in

section 302.303 2 points

(except any violation of municipal stop sign ordinance where no accident

is involved 1 point)

(2) Speeding

In violation of a state law 3 points

In violation of a county or municipal ordinance 2 points

(3) Leaving the scene of an accident in violation of

section 577.060, RSMo 12 points

In violation of any county or municipal ordinance 6 points

(4) Careless and imprudent driving:

(a) When an accident results in which any person suffers serious

physical injury, in violation of subsection 2 of section 304.012, or dies 8 points;

(b) When an accident results in which any person suffers moderate

physical injury, in violation of subsection 3 of section 304.012 6 points;

(c) In violation of subsection 4 of section 304.016,

RSMo 4 points

(d) In violation of a county or municipal

ordinance 2 points

(5) Operating without a valid license in violation of subdivision (1) or (2) of subsection 1 of section 302.020:

(a) For the first conviction 2 points

(b) For the second conviction . 4 points

(c) For the third conviction 6 points

(6) Operating with a suspended or revoked license prior to restoration

of operating privileges 12 points

(7) Obtaining a license by misrepresentation 12 points

(8) For the first conviction of driving while in an intoxicated

condition or under the influence of controlled substances or drugs 8 points

(9) For the second or subsequent conviction of any of the following

offenses however combined: driving while in an intoxicated condition,

driving under the influence of controlled substances or drugs or driving with

a blood alcohol content of [ten-hundredths] eight-hundredths of one percent

or more by weight 12 points

(10) For the first conviction for driving with blood alcohol content [ten-hundredths] eight-hundredths of one percent or more by weight

In violation of state law 8 points

In violation of a county or municipal ordinance or federal

law or regulation 8 points

(11) Any felony involving the use of a motor vehicle 12 points

(12) Knowingly permitting unlicensed operator to operate a

motor vehicle 4 points

(13) For a conviction for failure to maintain financial

responsibility pursuant to county or municipal ordinance or pursuant to

section 303.025, RSMo 4 points

2. The director shall, as provided in subdivision (5) of subsection 1 of this section, assess an operator points for a conviction pursuant to subdivision (1) or (2) of subsection 1 of section 302.020, when the director issues such operator a license or permit pursuant to the provisions of sections 302.010 to 302.340.

3. An additional two points shall be assessed when personal injury or property damage results from any violation listed in subsection 1 of this section and if found to be warranted and certified by the reporting court.

4. When any of the acts listed in subdivision (2), (3), (4) or (8) of subsection 1 of this section constitutes both a violation of a state law and a violation of a county or municipal ordinance, points may be assessed for either violation but not for both. Notwithstanding that an offense arising out of the same occurrence could be construed to be a violation of subdivisions (8), (9) and (10) of subsection 1 of this section, no person shall be tried or convicted for more than one offense pursuant to subdivisions (8), (9) and (10) of subsection 1 of this section for offenses arising out of the same occurrence.

5. The director of revenue shall put into effect a system for staying the assessment of points against an operator. The system shall provide that the satisfactory completion of a driver-improvement program or, in the case of violations committed while operating a motorcycle, a motorcycle- rider training course approved by the director of the department of public safety, by an operator, when so ordered and verified by any court having jurisdiction over any law of this state or county or municipal ordinance, regulating motor vehicles, other than a violation committed in a commercial motor vehicle as defined in section 302.700, shall be accepted by the director in lieu of the assessment of points for a violation pursuant to subdivision (1), (2), or (4) of subsection 1 of this section or pursuant to subsection 3 of this section. For the purposes of this subsection, the driver-improvement program shall meet or exceed the standards of the National Safety Council's eight-hour "Defensive Driving Course" or, in the case of a violation which occurred during the operation of a motorcycle, the program shall meet the standards established by the director of the department of public safety pursuant to sections 302.133 to 302.138. The completion of a driver-improvement program or a motorcycle-rider training course shall not be accepted in lieu of points more than one time in any thirty-six-month period and shall be completed within sixty days of the date of conviction in order to be accepted in lieu of the assessment of points. Every court having jurisdiction pursuant to the provisions of this subsection shall, within fifteen days after completion of the driver- improvement program or motorcycle-rider training course by an operator, forward a record of the completion to the director, all other provisions of the law to the contrary notwithstanding. The director shall establish procedures for record keeping and the administration of this subsection.

302.505. 1. The department shall suspend or revoke the license of any person upon its determination that the person was arrested upon probable cause to believe such person was driving a motor vehicle while the alcohol concentration in the person's blood, breath, or urine was [ten-hundredths] eight-hundredths of one percent or more by weight, based on the definition of alcohol concentration in section 302.500, or where such person was less than twenty-one years of age when stopped and was stopped upon probable cause to believe such person was driving while intoxicated in violation of section 577.010, RSMo, or driving with excessive blood alcohol content in violation of section 577.012, RSMo, or upon probable cause to believe such person violated a state, county or municipal traffic offense and such person was driving with a blood alcohol content of two-hundredths of one percent or more by weight.

2. The department shall make a determination of these facts on the basis of the report of a law enforcement officer required in section 302.510, and this determination shall be final unless a hearing is requested and held. If a hearing is held, the department shall review the matter and make a final determination on the basis of evidence received at the hearing.

3. The determination of these facts by the department is independent of the determination of the same or similar facts in the adjudication of any criminal charges arising out of the same occurrence. The disposition of those criminal charges shall not affect any suspension or revocation under this section.

302.510. 1. Except as provided in subsection 3 of this section, a law enforcement officer who arrests any person for a violation of any state statute related to driving while intoxicated or for a violation of a county or municipal ordinance prohibiting driving while intoxicated or a county or municipal alcohol related traffic offense, and in which the alcohol concentration in the person's blood, breath, or urine was [ten-hundredths] eight-hundredths of one percent or more by weight or two-hundredths of one percent or more by weight for anyone less than twenty-one years of age, shall forward to the department a verified report of all information relevant to the enforcement action, including information which adequately identifies the arrested person, a statement of the officer's grounds for belief that the person violated any state statute related to driving while intoxicated or was less than twenty-one years of age and was driving with two-hundredths of one percent or more by weight of alcohol in the person's blood, or a county or municipal ordinance prohibiting driving while intoxicated or a county or municipal alcohol related traffic offense, a report of the results of any chemical tests which were conducted, and a copy of the citation and complaint filed with the court.

2. The report required by this section shall be made on forms supplied by the department or in a manner specified by regulations of the department.

3. A county or municipal ordinance prohibiting driving while intoxicated or a county or municipal alcohol related traffic offense may not be the basis for suspension or revocation of a driver's license pursuant to sections 302.500 to 302.540, unless the arresting law enforcement officer, other than an elected peace officer or official, has been certified by the director of the department of public safety pursuant to the provisions of sections 590.100 to 590.180, RSMo.

302.520. 1. Whenever the chemical test results are available to the law enforcement officer while the arrested person is still in custody, and where the results show an alcohol concentration of [ten-hundredths] eight-hundredths of one percent or more by weight of alcohol in such person's blood or where such person is less than twenty-one years of age and the results show that there is two-hundredths of one percent or more of alcohol in the person's blood, the officer, acting on behalf of the department, shall serve the notice of suspension or revocation personally on the arrested person.

2. When the law enforcement officer serves the notice of suspension or revocation, the officer shall take possession of any driver's license issued by this state which is held by the person. When the officer takes possession of a valid driver's license issued by this state, the officer, acting on behalf of the department, shall issue a temporary permit which is valid for fifteen days after its date of issuance and shall also give the person arrested a notice which shall inform the person of all rights and responsibilities pursuant to sections 302.500 to 302.540. The notice shall be in such form so that the arrested person may sign the original as evidence of receipt thereof. The notice shall also contain a detachable form permitting the arrested person to request a hearing. Signing the hearing request form and mailing such request to the department shall constitute a formal application for a hearing.

3. A copy of the completed notice of suspension or revocation form, a copy of any completed temporary permit form, a copy of the notice of rights and responsibilities given to the arrested person, including any request for hearing, and any driver's license taken into possession pursuant to this section shall be forwarded to the department by the officer along with the report required in section 302.510.

4. The department shall provide forms for notice of suspension or revocation, for notice of rights and responsibilities, for request for a hearing and for temporary permits to law enforcement agencies.

302.541. 1. In addition to other fees required by law, any person who has had a license to operate a motor vehicle suspended or revoked following a determination, pursuant to section 302.505, or section 577.010, 577.012, 577.041 or 577.510, RSMo, or any county or municipal ordinance, where the judge in such case was an attorney and the defendant was represented by or waived the right to an attorney, that such person was driving while intoxicated or with a blood alcohol content of [ten-hundredths] eight-hundredths of one percent or more by weight or, where such person was at the time of the arrest less than twenty-one years of age and was driving with a blood alcohol content of two-hundredths of one percent or more by weight, shall pay an additional fee of twenty-five dollars prior to the reinstatement or reissuance of the license.

2. Any person less than twenty-one years of age whose driving privilege has been suspended or revoked solely for a first determination pursuant to sections 302.500 to 302.540 that such person was driving a motor vehicle with two-hundredths of one percent or more blood alcohol content is exempt from filing proof of financial responsibility with the department of revenue in accordance with chapter 303, RSMo, as a prerequisite for reinstatement of driving privileges or obtaining a restricted driving privilege as provided by section 302.525.

304.012. 1. Every person operating a motor vehicle on the roads and highways of this state shall drive the vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care.

2. [Any person who violates the provisions of this section is guilty of a class B misdemeanor, unless an accident is involved then it shall be a class A misdemeanor.] Every person operating a motor vehicle on the roads and highways of this state shall operate the vehicle in a careful and prudent manner and at a rate of speed so as not to cause serious physical injury, as defined in section 556.061, RSMo, of any person.

3. Every person operating a motor vehicle on the roads and highways of this state shall operate the vehicle in a careful and prudent manner and at a rate of speed so as not to cause moderate physical injury, as defined in section 556.061, RSMo, of any person.

4. Any person who violates the provisions of subsection 1 of this section shall be guilty of a class B misdemeanor.

5. Any person who violates the provisions of subsection 2 or 3 of this section shall be guilty of a class A misdemeanor.

556.061. In this code, unless the context requires a different definition, the following shall apply:

(1) "Affirmative defense" has the meaning specified in section 556.056;

(2) "Burden of injecting the issue" has the meaning specified in section 556.051;

(3) "Commercial film and photographic print processor", any person who develops exposed photographic film into negatives, slides or prints, or who makes prints from negatives or slides, for compensation. The term commercial film and photographic print processor shall include all employees of such persons but shall not include a person who develops film or makes prints for a public agency;

(4) "Confinement":

(a) A person is in confinement when such person is held in a place of confinement pursuant to arrest or order of a court, and remains in confinement until:

a. A court orders the person's release; or

b. The person is released on bail, bond, or recognizance, personal or otherwise; or

c. A public servant having the legal power and duty to confine the person authorizes his release without guard and without condition that he return to confinement;

(b) A person is not in confinement if:

a. The person is on probation or parole, temporary or otherwise; or

b. The person is under sentence to serve a term of confinement which is not continuous, or is serving a sentence under a work-release program, and in either such case is not being held in a place of confinement or is not being held under guard by a person having the legal power and duty to transport the person to or from a place of confinement;

(5) "Consent": consent or lack of consent may be expressed or implied. Assent does not constitute consent if:

(a) It is given by a person who lacks the mental capacity to authorize the conduct charged to constitute the offense and such mental incapacity is manifest or known to the actor; or

(b) It is given by a person who by reason of youth, mental disease or defect, or intoxication, is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or

(c) It is induced by force, duress or deception;

(6) "Criminal negligence" has the meaning specified in section 562.016, RSMo;

(7) "Custody", a person is in custody when the person has been arrested but has not been delivered to a place of confinement;

(8) "Dangerous felony" means the felonies of arson in the first degree, assault in the first degree, forcible rape, forcible sodomy, kidnapping, murder in the second degree and robbery in the first degree;

(9) "Dangerous instrument" means any instrument, article or substance, which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury;

(10) "Deadly weapon" means any firearm, loaded or unloaded, or any weapon from which a shot, readily capable of producing death or serious physical injury, may be discharged, or a switchblade knife, dagger, billy, blackjack or metal knuckles;

(11) "Felony" has the meaning specified in section 556.016;

(12) "Forcible compulsion" means either:

(a) Physical force that overcomes reasonable resistance; or

(b) A threat, express or implied, that places a person in reasonable fear of death, serious physical injury or kidnapping of such person or another person;

(13) "Incapacitated" means that physical or mental condition, temporary or permanent, in which a person is unconscious, unable to appraise the nature of such person's conduct, or unable to communicate unwillingness to an act. A person is not incapacitated with respect to an act committed upon such person if he or she became unconscious, unable to appraise the nature of such person's conduct or unable to communicate unwillingness to an act, after consenting to the act;

(14) "Infraction" has the meaning specified in section 556.021;

(15) "Inhabitable structure" has the meaning specified in section 569.010, RSMo;

(16) "Knowingly" has the meaning specified in section 562.016, RSMo;

(17) "Law enforcement officer" means any public servant having both the power and duty to make arrests for violations of the laws of this state, and federal law enforcement officers authorized to carry firearms and to make arrests for violations of the laws of the United States;

(18) "Misdemeanor" has the meaning specified in section 556.016;

(19) "Moderate physical injury" means physical injury requiring medical attention at a hospital;

(20) "Offense" means any felony, misdemeanor or infraction;

[(20)] (21) "Physical injury" means physical pain, illness, or any impairment of physical condition;

[(21)] (22) "Place of confinement" means any building or facility and the grounds thereof wherein a court is legally authorized to order that a person charged with or convicted of a crime be held;

[(22)] (23) "Possess" or "possessed" means having actual or constructive possession of an object with knowledge of its presence. A person has actual possession if such person has the object on his or her person or within easy reach and convenient control. A person has constructive possession if such person has the power and the intention at a given time to exercise dominion or control over the object either directly or through another person or persons. Possession may also be sole or joint. If one person alone has possession of an object, possession is sole. If two or more persons share possession of an object, possession is joint;

[(23)] (24) "Public servant" means any person employed in any way by a government of this state who is compensated by the government by reason of such person's employment, any person appointed to a position with any government of this state, or any person elected to a position with any government of this state. It includes, but is not limited to, legislators, jurors, members of the judiciary and law enforcement officers. It does not include witnesses;

[(24)] (25) "Purposely" has the meaning specified in section 562.016, RSMo;

[(25)] (26) "Recklessly" has the meaning specified in section 562.016, RSMo;

[(26)] (27) "Ritual" or "ceremony" means an act or series of acts performed by two or more persons as part of an established or prescribed pattern of activity;

[(27)] (28) "Serious emotional injury", an injury that creates a substantial risk of temporary or permanent medical or psychological damage, manifested by impairment of a behavioral, cognitive or physical condition. Serious emotional injury shall be established by testimony of qualified experts upon the reasonable expectation of probable harm to a reasonable degree of medical or psychological certainty;

[(28)] (29) "Serious physical injury" means physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body;

[(29)] (30) "Sexual conduct" means acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of apparent sexual stimulation or gratification;

[(30)] (31) "Sexual contact" means any touching of the genitals or anus of any person, or the breast of any female person, or any such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person;

[(31)] (32) "Sexual performance", any performance, or part thereof, which includes sexual conduct by a child who is less than seventeen years of age;

[(32)] (33) "Voluntary act" has the meaning specified in section 562.011, RSMo.

577.010. 1. A person commits the crime of "driving while intoxicated" if he operates a motor vehicle while in an intoxicated or drugged condition.

2. Driving while intoxicated is for the first offense, a class [B] A misdemeanor. No person convicted of or pleading guilty to the offense of driving while intoxicated shall be granted a suspended imposition of sentence for such offense, unless such person shall be placed on probation for a minimum of two years.

577.012. 1. A person commits the crime of "driving with excessive blood alcohol content" if such person operates a motor vehicle in this state with [ten-hundredths] eight-hundredths of one percent or more by weight of alcohol in such person's blood.

2. As used in this section, percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood or two hundred ten liters of breath and may be shown by chemical analysis of the person's blood, breath, saliva or urine. For the purposes of determining the alcoholic content of a person's blood under this section, the test shall be conducted in accordance with the provisions of sections 577.020 to 577.041.

3. For the first offense, driving with excessive blood alcohol content is a class [C] A misdemeanor.

577.020. 1. Any person who operates a motor vehicle upon the public highways of this state shall be deemed to have given consent to, subject to the provisions of sections 577.020 to 577.041, a chemical test or tests of the person's breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of the person's blood pursuant to the following circumstances:

(1) If the person is arrested for any offense arising out of acts which the arresting officer had reasonable grounds to believe were committed while the person was driving a motor vehicle while in an intoxicated or drugged condition; or

(2) If the person is under the age of twenty-one, has been stopped by a law enforcement officer, and the law enforcement officer has reasonable grounds to believe that such person was driving a motor vehicle with a blood alcohol content of two-hundredths of one percent or more by weight; or

(3) If the person is under the age of twenty-one, has been stopped by a law enforcement officer, and the law enforcement officer has reasonable grounds to believe that such person has committed a violation of the traffic laws of the state, or any political subdivision of the state, and such officer has reasonable grounds to believe, after making such stop, that such person has a blood alcohol content of two-hundredths of one percent or greater; [or]

(4) If the person is under the age of twenty-one, has been stopped at a sobriety checkpoint or roadblock and the law enforcement officer has reasonable grounds to believe that such person has a blood alcohol content of two-hundredths of one percent or greater[.];

(5) If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted in a fatality or a readily apparent serious physical injury as defined in section 565.002, RSMo, and has been arrested as evidenced by the issuance of a Uniform Traffic Ticket for the violation of any state law or county or municipal ordinance with the exception of equipment violations contained in chapter 306, RSMo, or similar provisions contained in county or municipal ordinances; or

(6) If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted in a fatality.

The test shall be administered at the direction of the law enforcement officer whenever the person has been arrested or stopped for any reason.

2. The implied consent to submit to the chemical tests listed in subsection 1 of this section shall be limited to not more than two such tests arising from the same arrest, incident or charge.

3. Chemical analysis of the person's breath, blood, saliva, or urine to be considered valid pursuant to the provisions of sections 577.020 to 577.041 shall be performed according to methods approved by the state department of health by licensed medical personnel or by a person possessing a valid permit issued by the state department of health for this purpose.

4. The state department of health shall approve satisfactory techniques, devices, equipment, or methods to be considered valid pursuant to the provisions of sections 577.020 to 577.041 and shall establish standards to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination or revocation by the state department of health.

5. The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person at the choosing and expense of the person to be tested, administer a test in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a law enforcement officer.

6. Upon the request of the person who is tested, full information concerning the test shall be made available to [him] such person.

7. Any person given a chemical test of the person's breath pursuant to subsection 1 of this section or a field sobriety test may be videotaped during any such test at the direction of the law enforcement officer. Any such video recording made during the chemical test pursuant to this subsection or a field sobriety test shall be admissible as evidence at either any trial of such person for either a violation of any state law or county or municipal ordinance, or any license revocation or suspension proceeding pursuant to the provisions of chapter 302, RSMo.

577.037. 1. Upon the trial of any person for violation of any of the provisions of section 565.024, RSMo, or section 565.060, RSMo, or section 577.010 or 577.012, or upon the trial of any criminal action or violations of county or municipal ordinances or in any license suspension or revocation proceeding pursuant to the provisions of chapter 302, RSMo, arising out of acts alleged to have been committed by any person while driving a motor vehicle while in an intoxicated condition, the amount of alcohol in the person's blood at the time of the act alleged as shown by any chemical analysis of the person's blood, breath, saliva or urine is admissible in evidence and the provisions of subdivision (5) of section 491.060, RSMo, shall not prevent the admissibility or introduction of such evidence if otherwise admissible. If there was [ten-hundredths] eight-hundredths of one percent or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.

2. Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood or grams of alcohol per two hundred ten liters of breath.

3. The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was intoxicated.

4. A chemical analysis of a person's breath, blood, saliva or urine, in order to give rise to the presumption or to have the effect provided for in subsection 1 of this section, shall have been performed as provided in sections 577.020 to 577.041 and in accordance with methods and standards approved by the state department of health.

5. Any charge alleging a violation of section 577.010 or 577.012 or any county or municipal ordinance prohibiting driving while intoxicated or driving under the influence of alcohol shall be dismissed with prejudice if a chemical analysis of the defendant's breath, blood, saliva, or urine performed in accordance with sections 577.020 to 577.041 and rules promulgated thereunder by the state department of health demonstrate that there was less than [ten-hundredths] eight-hundredths of one percent of alcohol in the defendant's blood unless one or more of the following considerations cause the court to find a dismissal unwarranted:

(1) There is evidence that the chemical analysis is unreliable as evidence of the defendant's intoxication at the time of the alleged violation due to the lapse of time between the alleged violation and the obtaining of the specimen;

(2) There is evidence that the defendant was under the influence of a controlled substance, or drug, or a combination of either or both with or without alcohol; or

(3) There is substantial evidence of intoxication from physical observations of witnesses or admissions of the defendant.

Section B. Sections 142.803, 142.804, 144.020, 144.440, 144.700, 226.200, 226.1000, 226.1010, 301.055, 301.057, 301.058, 301.059, 301.061, 301.063, 301.065, 301.067 and 301.069 are hereby submitted to the qualified voters of this state for approval or rejection at a special election to be called by the governor for that purpose or at a general election to be conducted no later than the first Tuesday in November 2002, pursuant to the laws and constitutional provisions of this state applicable to elections. Sections 142.803, 142.804, 144.020, 144.440, 144.700, 144.805, 226.1000 and 226.1010 shall become effective on the first day of the month of the next calendar quarter after the provisions have been approved by voters. Sections 301.055, 301.057, 301.058, 301.059, 301.061, 301.063, 301.065, 301.067 and 301.069 shall become effective on the first day of the month four months following the month the provisions have been approved by voters.

Section C. The additional revenue provided by sections 142.803, 142.804, 144.020, 144.440, 144.700, 144.805, 226.200, 226.1000, 226.1010, 227.025, 227.100, 227.107, 301.055, 301.057, 301.058, 301.059, 301.061, 301.063, 301.065, 301.067, 301.069, 302.302, 302.505, 302.510, 302.520, 302.541, 577.010, 577.012 and 577.037 of this act shall not be part of the "total state revenue" within the meaning of sections 17 and 18 of article X of this Constitution. The expenditure of this revenue shall not be an "expense of state government" under section 20 of article X of this Constitution.

Section D. At the general election on the first Tuesday in November 2012, and every ten years thereafter, the secretary of state shall submit to the electors of this state the question "Shall the additional revenues for transportation be renewed and extended for ten years?". If a majority of the votes cast thereon is for the affirmative the additional revenues shall be continued. If a majority of the votes cast thereon is for the negative, the decennial referendum provision of this section, the rates included in sections 142.803, 142.804, 144.020, 144.440, 301.055, 301.057, 301.058, 301.059, 301.061, 301.063, 301.065, 301.067 and 301.069, and sections 144.700, 226.200, 226.1000, 226.1010 directing deposit and use of revenues pursuant to this act shall expire on July first following the election and return to the provisions in effect on January 1, 2001.

Missouri House of Representatives