HCS SS SCS SB 969 -- TRANSPORTATION

SPONSOR:  Stouffer (St. Onge)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Transportation by a vote of 15 to 0.

This substitute changes the laws regarding transportation and
motor vehicles.

OUTDOOR ADVERTISING

The substitute authorizes the Highways and Transportation
Commission to void billboard permits without paying compensation:

(1)  When there has been any misrepresentation of a material fact
by the applicant on a permit application and the sign is removed
under law;

(2)  When the commission determines that a change has been made
to a conforming sign by the sign owner and the sign has been
removed under law; or

(3)  When the commission determines that a substantial change has
been made to a nonconforming sign by the sign owner so that the
sign's nonconforming status was terminated and the sign was
removed under the commission's administrative rules for
maintenance of nonconforming signs.

The commission may also void any permit when it determines that a
permit has been erroneously issued by any Department of
Transportation staff member in violation of any state law or
administrative rule.  The billboard must be subject to removal,
and compensation must be paid pursuant to law.

A local zoning authority will be prohibited from requiring the
removal or alteration of a legally erected outdoor advertising
structure as a condition or prerequisite for the issuance or
continued effectiveness of a permit, license, or other approval
for any use, structure, development, or activity other than
outdoor advertising including a request for rezoning without the
payment of just compensation.

UNIFORM REGISTRATION FEES

A flat fee of $26.25 will be charged for all passenger motor
vehicles and commercial motor vehicles with a gross weight rating
of 12,000 pounds or less.  This provision becomes effective
July 1, 2007.

SPECIALTY LICENSE PLATES ISSUANCE

The Department of Revenue will be allowed to deny applications
and the issuance of special license plates if no applications are
received within five years of the effective date of the law
authorizing the plate.

DRIVEAWAY SADDLEMOUNT COMBINATIONS

The maximum length for driveaway saddlemount combinations are
increased from 75 feet to 97 feet.  Combinations having a length
greater than 97 feet may not be operated on the interstate
highway system.

IDLE REDUCTION TECHNOLOGY WEIGHT INCREASE

The maximum gross vehicle weight limit and axle weight limit for
heavy-duty vehicles equipped with idle reduction technology may
be increased up to an additional 400 pounds to compensate for the
additional weight of the technology.

EXPUNGEMENT OF COMMERCIAL DRIVER'S LICENSE (CDL) RECORDS

The substitute prohibits the expungement of a minor in possession
charge for a holder of a commercial driver's license or a person
operating a commercial motor vehicle at the time of the violation
and specifies that no records will be expunged for a CDL holder
who has been convicted of or pled guilty to an offense when the
person's blood-alcohol content was .04 or above.

The expungement of records of a minor who has pled guilty to or
been found guilty of purchasing or possessing intoxicating liquor
as a commercial motor vehicle driver or operating a commercial
motor vehicle at the time of violation is also prohibited.

LIENS ON MOTOR VEHICLES FOR STORAGE OR SERVICES

A lienholder may apply for a title to a motor vehicle if the
statutory notice is returned marked "not forwardable" or
"addressee unknown."  The application for the lien must be
accompanied by a copy of the statutory notice given to the owner
of the motor vehicle and other lienholders of interest.  The
substitute removes the requirement that the Department of Revenue
must notify the motor vehicle owner or other lienholder of
interest before issuing a lien title and adds a provision which
allows the filing of a petition to challenge whether the chattel
was wrongfully taken.

FAILURE TO APPEAR

The substitute adds failure to appear or pay by a commercial
driver's license holder as a driving offense requiring suspension
until compliance is fulfilled.

ABANDONED MOTOR VEHICLES

Abandoned property sold under a bill of sale will not be subject
to the transfer notification provisions which require private
sellers to notify the Department of Revenue of the sale.  The
substitute requires registered owners to present a copy of their
most recent registration receipt or title for the abandoned
property to law enforcement or the towing company in order to
have the property released, and a property or casualty insurance
company or a holder of a valid security interest will be required
to present evidence that the abandoned property is insured by or
subject to a claim involving an insured to claim any abandoned
property.

CERTIFICATION PROCEDURES FOR LOCAL LAW ENFORCEMENT OFFICIALS

The State Highway Patrol will be required to establish a program
to certify local law enforcement officers regarding enforcing
weight, height, length, size, and load restrictions.  The
certification procedures must include training, testing,
on-the-job experience, data collection, and other specified
components and must meet the requirements established by the
Commercial Vehicle Safety Alliance (CVSA).  The patrol is
authorized to establish reasonable fees to cover the costs of
training and certification.  Beginning July 1, 2007, no law
enforcement officer may make an arrest, issue a citation, or
conduct a commercial motor vehicle roadside inspection to
determine compliance unless the law enforcement officer has
satisfactorily completed a basic training course developed by
CVSA and has been certified by the patrol.

AFFIRMATIVE DEFENSE FOR PROCEEDING THROUGH A RED LIGHT WITH A
MOTORCYCLE

The substitute specifies that a person operating a motorcycle who
enters or crosses an intersection controlled by a traffic signal
against a red light will have an affirmative defense to that
charge if the person establishes that:

(1)  The motorcycle was brought to a complete stop;

(2)  The traffic signal continued to show a red light for an
unreasonable amount of time;

(3)  The traffic signal was apparently malfunctioning or, if
programmed or engineered to change to a green light only after
detecting the approach of a motor vehicle, the signal apparently
failed to detect the arrival of the motorcycle; and

(4)  No motor vehicle or person was approaching or was so far
away from the intersection that it did not constitute an
immediate hazard.

The affirmative defense applies only to a violation for entering
or crossing an intersection controlled by a traffic signal
against a red light and does not provide a defense to any other
civil or criminal action.

CIVIL ENFORCEMENT OF TRAFFIC AND MOTOR VEHICLE VIOLATIONS

The substitute allows for the civil enforcement of certain
traffic and motor vehicle violations and converts various minor
traffic and motor vehicle violations from low-grade misdemeanors
to infractions.

SALVAGE VEHICLES

Currently, the definition of "salvage vehicle" includes a motor
vehicle that has been damaged to the extent that the cost of
repairs to rebuild it exceeds 75% of the fair market value of the
vehicle.  The substitute changes the damage threshold from 75% to
80% and restricts the 80% damage threshold to vehicles which have
a manufacturer's model year designation within three years of
when the vehicle was damaged.  Repairing hail damage will not be
considered in the cost to rebuild or reconstruct a vehicle.

DISABLED PLACARDS

The substitute removes the $4 fee for the permanent removable
windshield disabled parking placard but keeps the $4 fee for a
temporary replacement windshield placard and requires them to be
renewed every four years instead of two years.

ELECTRONIC BIDDING

The Highways and Transportation Commission is authorized to
receive bids and bid bonds for any contract for construction,
maintenance, repair, or improvement of any bridge or highway on
the state highway system electronically through the Internet.  At
its discretion, the commission may elect to receive both
electronic and paper bids or may specify electronic bidding
exclusively for any proposed contract.  The substitute
establishes minimum criteria for the electronic bidding program.

LICENSE PLATE COVERS

License plates may be encased in transparent covers as long as
the plates are plainly visible and their reflective qualities are
not impaired.

SCHOOL BUSES

The substitute increases the penalties for those who fail to stop
for school buses that are loading or unloading children.  Any
person who fails to properly yield for a school bus and causes an
injury to a child will be guilty of a class D felony.  Any person
who fails to properly yield for a school bus and causes the death
of a child will be guilty of a class C felony.

LOCAL LOG TRUCK

The radius within which a local log truck or log truck tractor
may operate is increased from 50 to 100 miles.

PROOF OF LAWFUL PRESENCE

Applicants for the renewal of a noncommercial driver's license,
noncommercial instruction permit, or nondriver's license will be
exempt from showing proof of lawful presence if the applicant:

(1)  Has previously held a noncommercial driver's license,
noncommercial instruction permit, or nondriver's license for a
period of 15 years or more; or

(2)  Is 65 years of age or older and has previously been issued a
Missouri noncommercial driver's license, noncommercial
instruction permit, or nondriver's license.

UTILITY ALL-TERRAIN VEHICLES

The substitute changes the definition of "all-terrain vehicle" to
include certain utility vehicles manufactured and used
exclusively for off-highway use.

VACATING ROADS

A procedure is established that is similar to that used by
township counties for residents of St. Charles County to vacate
any road no longer serving the public.

CONVEYANCE OR EXCHANGE OF EXCESS REAL PROPERTY

The Highways and Transportation Commission is allowed to convey
or exchange its interest in land or leasehold for the property's
approximate fair market value.  The commission, at its
discretion, will be allowed to convey at no cost or exchange its
interest in any land or leasehold that is no longer necessary for
its use to any federal, state, or local governmental entity.

MOTOR VEHICLE PROTECTION ACT

The substitute establishes the Motor Vehicle Protection Act which
prohibits a person from selling or offering for sale a vehicle
protection product in Missouri unless the seller, warrantor, or
any administrator complies with the provisions of the proposed
act.  A vehicle protection product warrantor, a seller of a
vehicle protection product, or a warranty administrator that
complies with the provisions will not be subject to the state
insurance code.

The provisions will apply to all warranted products sold or
offered for sale on or after January 1, 2007.  The failure of any
person to comply with the provisions before its effective date
will not be admissible in any court proceeding, administrative
proceeding, arbitration, or alternative dispute resolution
proceeding and may not be used to prove that the action of any
person or the vehicle protection product was unlawful or
otherwise improper.

A person cannot act as a warrantor or represent to the public
that the person is a warrantor without registering with the
Department of Insurance.  A warrantor must file warrantor
registration records annually and update them within 30 days of
any change.  The substitute specifies the information that the
registration records must contain.  The department will be
required to make information regarding the warrantor's name and
the name and address of its designated agent for service of
process available to the public.

The department may charge each registrant a reasonable fee, not
to exceed $500 per year, for processing a registration and
maintaining the records.  If a registrant fails to register by
the renewal deadline established by the department, the
department will give the registrant written notice of the failure
and allow the registrant 30 days to complete the renewal before
suspending the warrantor.

No vehicle protection product may be sold or offered for sale in
Missouri unless the vehicle protection product warrantor acquires
insurance under a warranty reimbursement insurance policy or
maintains a net worth or stockholder's equity of $50,000,000.

Warranty reimbursement policies must provide that the insurer
will reimburse or pay on behalf of the warrantor all covered
amounts that the warrantor was legally obligated to pay or will
provide all services the warrantor was legally obligated to
perform according to the warrantor's contractual obligations
under its vehicle protection product warranty.  The policy must
provide that if payment due under the warranty is not provided by
the warrantor within 60 days after the warranty holder filed
proof of loss according to the terms of the warranty, the
warranty holder may file proof of loss directly with the warranty
reimbursement insurance company.  The policy must provide that
the premium for the policy will be considered paid if the
warranty holder paid for the warranted product and the insurer's
liability under the policy will not be reduced or relieved by a
failure of the warrantor, for any reason, to report the issuance
of a warranty to the insurer.  The substitute also specifies
ceratin requirements regarding the cancellation of the policy.

A person cannot sell or offer for sale in Missouri a warranted
product unless the warranty is written in clear, understandable
language and printed or typed in an easy-to-read type, size, and
style.  The warranty must state that the obligations of the
warrantor to the warranty holder are guaranteed under a warranty
reimbursement insurance policy or are backed by the warrantor's
net assets.  The warranty must state that if a warranty holder
must make a claim against a party other than the warrantor, the
warranty holder is entitled to make a direct claim against the
warranty reimbursement insurer upon the failure of the warrantor
to pay any claim or meet any obligation under the terms of the
warranty within 60 days after proof of loss was filed with the
warrantor.  The substitute specifies other provisions that the
warranty must contain.

The substitute prohibits a person from selling or offering for
sale a vehicle protection product warranty unless it clearly
states the terms and conditions governing the cancellation of the
sale and warranty.  A warrantor may cancel a warranty only if the
warranty holder:

(1)  Fails to pay for the warranted product;

(2)  Makes a material misrepresentation to the seller or
warrantor;

(3)  Commits fraud; or

(4)  Substantially breaches the warranty holder's duties under
the warranty.

A warrantor canceling a warranty must mail written notice to the
warranty holder at his or her last known address at least 30 days
before the effective date of a cancellation.  The notice will
state the effective date of the cancellation and the reason.

Unless licensed as an insurance company, a vehicle protection
product warrantor cannot use in its name, contracts, or
literature the word "insurance," "casualty," "surety," "mutual,"
or any other words descriptive of the insurance, casualty, or
surety business.  A warrantor also may not use any name or words
in its name that were deceptively similar to the name or
description of any insurer or surety or any other vehicle
protection product warrantor.  A vehicle protection product
seller or warrantor may not require as a condition of financing
that a person buying a motor vehicle purchase a vehicle
protection product.

A vehicle protection product warrantor must keep accurate
accounts, books, and records concerning transactions regulated
under the substitute.  The substitute specifies what the records
must contain.  A warrantor must retain all required accounts,
books, and records pertaining to each warranty holder for at
least three years after the specified period of coverage has
expired.  A warrantor discontinuing business must maintain its
records until it furnishes the department satisfactory proof that
it has discharged all obligations to warranty holders in
Missouri.  The department may conduct examinations of warrantors,
administrators, or other people to enforce the provisions of the
substitute and protect warranty holders.

The substitute authorizes the department to promulgate rules that
are necessary to implement and administer the provisions of the
substitute.  The rules must include disclosure requirements for
the benefit of warranty holders, record-keeping requirements, and
procedures for public complaints.

YELLOW CENTER LINE

The substitute prohibits a person from driving a vehicle across a
clearly marked solid yellow center stripe of a roadway,
indicating a no passing zone, except when executing a lawful
turn, overtaking a vehicle traveling at a speed of less than 25
miles per hour, or when avoiding debris in the roadway.

COMMERCIAL VEHICLE OFFICERS

The substitute requires that commercial vehicle officers meet the
mandatory standards for basic training and licensure of peace
officers.  Commercial vehicle officers who are performing their
duties on August 28, 2006, will have until July 1, 2010, to
comply with the mandatory training and licensure standards.

DEALER LICENSE PLATE LETTER AND NUMBERS

The substitute makes several technical changes to provisions
pertaining to manufacturer and dealer license plate letter and
numbers.

RECREATIONAL VEHICLE SHOWS

Out-of-state show promoters of recreational vehicles will be
allowed to hold shows within the state if:

(1)  The show or exhibition has a minimum of 10,000 recreational
vehicle dealers licensed as motor vehicle dealers in the state;
and

(2)  More than 50% of the participating recreational vehicle
dealers are licensed motor vehicle dealers in the state.

A violation of this provision will result in a $5,000 fine.

THIRD-PARTY TESTING

Beginning August 28, 2006, the Director of the Department of
Revenue will only issue or renew third-party tester certification
to private companies who operate on the campus of a junior or
community college or to private companies who own and maintain
their own fleet and administer in-house testing to employees or
to school districts and their agents.

OUT-OF-SERVICE

The Highways and Transportation Commission is allowed to suspend,
revoke, or cancel the registration, license, permit, or other
credentials issued to a motor carrier if a federal agency or the
commission has issued an out-of-service order against the motor
carrier.  The law is applicable to out-of-service orders placing
a motor carrier's entire operation out of service but does not
apply to orders placing an individual driver or vehicle out of
service.

When the commission issues an order under the provisions of the
substitute, the motor carrier cannot operate any commercial motor
vehicle and cannot allow any employee to operate any commercial
motor vehicle acting under the carrier's authority or control in
intrastate or interstate commerce.  The motor carrier must
immediately surrender all license plates, motor carrier licenses,
registrations, permits, and other credentials.  An out-of-state
motor carrier will not be eligible to apply for the issuance or
reinstatement of any license, registration, permit, certificate,
or other credentials until the out-of-service order has been
rescinded or the orders have been set aside by a court of proper
jurisdiction.

Any federal or state order will be admissible in administrative
and court proceedings, and the orders will constitute prima facie
evidence that the motor carrier violated federal regulations or
that the motor carrier's operation poses an imminent safety
hazard, or both.

Persons aggrieved by a commission's order are allowed to appeal
to a circuit court for a hearing and a review of the order.
Judicial review of the order will be waived unless the petition
is filed within 30 days of the issuance of the order.

The commission may receive and disclose any data relating to any
out-of-service motor carrier to the federal Motor Carrier
Administration, the Department of Revenue, the State Highway
Patrol, other law enforcement agencies, and motor carrier
liability insurance companies.

The Department of Revenue may immediately, without a hearing,
update the records to reflect the suspension, revocation, or
cancellation of all motor vehicle license plates, registrations,
and other credentials.  The department must notify the motor
carrier and the commission of all actions taken pursuant to the
commission's order.

MOTOR VEHICLE SERVICE CONTRACTS

The substitute changes the laws regarding motor vehicle service
contracts and product service agreements.  In its main
provisions, the substitute:

(1)  Prohibits persons from issuing or selling product service
agreements without registering and paying a fee to the Director
of the Department of Insurance;

(2)  Establishes financial reserve requirements for service
agreement providers;

(3)  Requires service contract providers to furnish written
statements to consumers outlining their obligations and conveying
the terms and restrictions; and

(4)  Requires providers of product service agreements to maintain
accurate records of every transaction for a period of at least
three years after the specified period of coverage has expired.
Records must be made available to the department upon request.

CHEMICAL TESTING OF INTOXICATED DRIVERS

The Alan Woods Law is established which specifies that any state,
county, or municipal law enforcement officer who has the power to
arrest an individual for driving with excessive blood-alcohol
content or driving while intoxicated and is certified under
Missouri law will administer a chemical test to any person
suspected of driving a motor vehicle involved in a collision
which resulted in a fatality or serious physical injury.  Any
person who is tested, upon request, must receive full information
concerning the test.

The provision regarding windshield placards becomes effective
January 1, 2007; and the provision regarding uniform registration
becomes effective July 1, 2007.

FISCAL NOTE:  No impact on General Revenue Fund in FY 2007, FY
2008, and FY 2009.  Estimated Income on Other State Funds of
$90,000 in FY 2007, $250,207 in FY 2008, and $240,559 in FY 2009.

PROPONENTS:  Supporters say that the bill contains numerous
provisions that make good common sense and will ensure the safety
of the operating public.

Testifying for the bill were Senator Stouffer; State Highway
Patrol; Office of State Courts Administrator; Society of
Collision Repair Specialists Missouri/Kansas Chapter; Ben
Steinman, Ben's Auto Body; Towing and Recovery Association of
Missouri; American Family Insurance Group; Missouri Tow Truck
Association; and Missouri Motor Carriers Association.

OPPONENTS:  Those who oppose the bill say that they are concerned
about the provision that will limit certain municipalities from
stopping and inspecting commercial motor vehicles.

Testifying against the bill was Missouri Police Chiefs
Association.

OTHERS:  Others testifying on the bill say that people are
selling warranties that do not fulfill the warranty guaranties.

Others testifying on the bill was Missouri Professional Auto
Dealers Association.

Robert Triplett, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:47 am