HCS SCS SB 104 -- TRANSPORTATION

SPONSOR:  Stouffer (St. Onge)

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

This substitute changes the laws regarding transportation.

STATE HIGHWAY PATROL

The substitute:

(1)  Updates the provisions of law that no longer apply to the
operations of the State Highway Patrol;

(2)  Removes the requirement that the Superintendent of the State
Highway Patrol reside in Jefferson City;

(3)  Removes the requirement that general headquarters be open at
all times and that a telegraph be available;

(4)  Removes the requirement that the Highways and Transportation
Commission approve all personnel expenses and changes where civil
witness fees are deposited;

(5)  Specifies that the patrol be divided into troops rather than
districts;

(6)  Removes the requirement that the patrol send an end of the
year fiscal report to the Governor and the commission;

(7)  Removes the requirement that the superintendent, major,
director of radio, and budget personnel be bonded;

(8)  Allows the patrol to deliver an arrested individual directly
to the court or the court's or judge's designee; and

(9)  Authorizes the superintendent to enter into an agreement
with the Missouri Gaming Commission regarding enforcement of any
law or regulation and conducting background investigations
related to the laws of this state and the regulation of licensed
gaming activities.

MOTOR FUEL TAX EXEMPTIONS

The substitute exempts fuel used in school buses from the motor
fuel tax when the bus is driven to transport students for
educational purposes.

An exemption from the motor fuel tax is also authorized for motor
fuel sold for use by an interstate transportation authority, a
city transit authority, or a city utilities board to operate a
public mass transportation facility.

SALES TAX EXEMPTION FOR HIGHWAY CONSTRUCTION MATERIALS

A sales tax exemption is authorized for materials purchased by
contractors for use in the construction of highways and other
Department of Transportation projects.

DRUNK DRIVING MEMORIAL SIGN PROGRAM

The substitute establishes the Drunk Driving Memorial Sign
Program in the Department of Transportation.  The department must
adopt, by rules and regulations, program guidelines for the
application and placement of signs, a procedure for the
dedication of signs, and a procedure for the replacement or
restoration of any signs that are damaged or stolen.

LOCAL LOG TRUCKS

The area in which local log trucks and local log truck tractors
can operate is expanded from 50 to 100 miles from a forested
site.

MOTOR VEHICLE REGISTRATIONS

The substitute exempts any self-propelled sprayer, floater, or
other form of implement of husbandry used for spraying chemicals
or spreading fertilizer for agricultural purposes from the motor
vehicle titling, registration, and licensing requirements.

The Department of Revenue is prohibited from contracting with any
entity to mail motor vehicle registration notices, and no
commercial inserts or other advertising can accompany the notice.

The even-odd model year requirement for biennial registrations is
removed.

LICENSE PLATES AND TABS

The substitute changes the requirements for the replacement of
stolen license plate tabs.  Until January 1, 2009, an individual
can receive up to two sets of two license plate tabs per year by
submitting a notarized affidavit that the license plate tab or
tabs were stolen.  After January 1, 2009, an individual must
submit a copy of the police report to receive the replacement
tabs.

License plates are allowed to be encased in a transparent cover
if the plate is plainly visible and its reflective qualities are
not impaired.

SALVAGE REGULATIONS

The State Highway Patrol in addition to the Department of Revenue
is allowed to administer and enforce salvage regulations.

ACCESSIBLE PARKING SIGNS

All new signs erected after August 28, 2007, relating to disabled
parking must contain the words "Accessible Parking" instead of
"Handicap Parking."

EMERGENCY VEHICLE DEALERS

The substitute defines "emergency vehicles" and exempts dealers
who sell only emergency vehicles from maintaining a bona fide
place of business, including the related law enforcement
certification requirements, and from meeting the minimum yearly
sales.

RECREATION VEHICLE SHOW PROMOTIONS

Out-of-state show promoters are allowed to hold recreation
vehicle shows or exhibits in Missouri if:

(1)  The show or exhibit has a minimum of 10 recreation vehicle
dealers licensed as motor vehicle dealers in the state; and

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

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

SATISFACTION OF A LIEN OR ENCUMBRANCE

The substitute requires a lienholder to release a lien within
five business days after its satisfaction.  Lienholders will be
required to notify the Department of Revenue within five business
days if the certificate of ownership is in its possession.  Any
lienholder who fails to timely comply must pay the person or
persons satisfying the lien or encumbrance liquidated damages
from $500 to $2,500 for each lien.

DRIVER'S LICENSES

Any applicant for a driver's license or a temporary permit who is
15 to 18 years of age and attends public school is required to
present a certificate from his or her school stating that the
applicant has complied with the school district's standards for
eligibility for a driver's license or temporary permit.

RESTRICTED LICENSE PLATES

The substitute requires a motorist who has had his or her
driver's license suspended, revoked, or disqualified for a period
of more than 60 days or has been denied a license for an
alcohol-related or manslaughter violation to surrender his or her
license plates to the Department of Revenue.  The department will
then issue restricted license plates to be displayed on his or
her vehicle.

Law enforcement officers will have probable cause to stop any
vehicle displaying restricted plates to determine whether the
driver has a valid driver's license or limited driving
privileges.  The registered owner of a motor vehicle who has been
issued restricted plates will be prohibited from selling his or
her vehicle without the permission of the department.  Any
vehicle acquired by the individual during the period of
restriction must display the restricted plates.

COMMERCIAL DRIVERS

The commercial driver's license written test must only be given
in English.  Applicants for a commercial driver's license must be
able to read and speak the English language sufficiently to
understand highway traffic signs and signals, respond to official
inquiries, and make entries on reports and records.  Applicants
will be prohibited from using an interpreter or translator while
taking the test.

The Director of the Department of Revenue is authorized to waive
the skills test for any qualified military applicant for a
commercial driver's license who is currently licensed at the time
of application.  The department director must impose conditions
and limitations to restrict the applicants from whom the
department may accept alternative requirements for the skills
test.  The substitute requires the applicant to certify that,
during the two-year period immediately preceding application for
a commercial driver's license he or she has not had any license
suspended, revoked, or canceled.  The applicant will still have
to complete all applicable written tests.

Any person convicted of driving while out of service will be
disqualified from operating a commercial motor vehicle as
specified by federal regulations.

The expungement of a minor in possession violation for a holder
of a commercial driver's license or a person operating a
commercial motor vehicle at the time of the offense is
prohibited.  No records can be expunged for a commercial driver's
license holder until three years after the date of the suspension
or revocation if the person was holding a commercial driver's
license at the time of the offense or who has been convicted of
or pled guilty to an offense where the person's blood-alcohol
content is .04 or above.

Failure to appear in court or pay fines by a commercial license
holder or operator of a commercial motor vehicle is included as a
commercial driver's license offense requiring indefinite
suspension until he or she is in compliance.

UTILITY VEHICLES

"Utility vehicle" is defined as any motorized vehicle
manufactured and used exclusively for off-highway purposes which
is 63 inches or less in width, has an unladen dry weight of 1,900
pounds or less, travels on four or six wheels, and is used
primarily for agricultural, landscaping, lawn care, or
maintenance purposes.

No person can operate a utility vehicle upon the highways of this
state except:

(1)  Governmental owned and operated vehicles for official use;

(2)  Vehicles operated for agricultural purposes or industrial
on-premise purposes between the official sunrise and sunset;

(3)  Vehicles operated occasionally by handicapped persons for
short distances only on the state secondary roads between the
hours of sunrise and sunset;

(4)  Vehicles which have been issued special permits by a city to
be used on highways within the city limits by licensed drivers.
The city may charge a $15 fee for the permit; and

(5)  Vehicles which have been issued special permits by a county
to be used on highways within the county limits by licensed
drivers.  The county may charge a $15 fee for the permit.

Individuals will be prohibited from operating a utility vehicle:

(1)  In a careless way so as to endanger the person or property
of another;

(2)  While under the influence of alcohol or a controlled
substance;

(3)  Without a valid operator's or chauffeur's license;

(4)  Within any stream or river except by an operator who owns
the property or has permission to be on the property on which the
waterway flows through or when fording a low-water crossing;

(5)  At a speed of more than 30 miles per hour on a highway when
permitted; or

(6)  Carrying a passenger except for agricultural purposes or if
the vehicle is designed with seating to carry more than
one passenger.

Utility vehicles will be exempt from titling and registration
provisions.

FAILURE TO STOP FOR A SCHOOL BUS

The substitute increases the length of a driver's license
suspension for failing to stop for a school bus from 90 to 120
days for the first offense and from 120 to 180 days for a second
or subsequent offense.

DRIVEAWAY SADDLEMOUNT COMBINATIONS

The maximum length for a driveaway saddlemount combination is
increased from 75 feet to 97 feet when operated on an interstate
highway.

IDLE REDUCTION TECHNOLOGY

The maximum gross vehicle limit and axle weight limit for any
vehicle or combination of vehicles equipped with an idle
reduction technology may be increased by a quantity necessary to
compensate for the addition weight of the idle reduction system.
The additional weight increase cannot be greater than 400 pounds.
Vehicle operators, upon request by a law enforcement officer,
must provide proof that the idle reduction technology is fully
functional at all times and that the increased weight is not used
for any purpose other than for the use of idle reduction
technology.

COMMERCIAL VEHICLE ENFORCEMENT OFFICERS

The substitute requires commercial vehicle enforcement officers
to meet the mandatory standards for basic training and licensure
of peace officers.  Officers who are employed and performing
their duties on August 28, 2007, will have until July 1, 2015, to
comply with the mandatory standards.

AUTOMATED PHOTO RED-LIGHT ENFORCEMENT SYSTEMS

The substitute specifies that any person who commits a steady
red-light violation that is detected and enforced through the use
of an automated photo red-light enforcement system will be guilty
of an infraction.  Violations will not be placed on the driver's
record nor will points be assessed.

Signal phase timings at intersection equipped with a system will
be certified by the Department of Transportation or other
appropriate agency before the photo enforcement devices may be
activated.  Timing will be set by the department or other
appropriate agency and will be consistent with traffic
engineering standards.  A private vendor will not have the
ability to control the signal phase timing connected with a
system.

DELINQUENT PENALTY FEES

The delinquent penalty fee for titling a vessel, outboard motor,
or documented vessel is increased from $10 to $25 for each 30
days of delinquency, not to exceed a total of $250.

MOTORCYCLE HEADLAMP MODULATORS

The substitute allows a motorcycle headlamp to be wired or
equipped to allow either its upper beam or lower beam, but not
both, to modulate from a higher intensity to a lower intensity at
a rate of 200 to 280 cycles per minute.  A headlamp modulator
installed on a motorcycle with two headlamps must be wired in a
manner to prevent the headlamps from modulating a different rate
or not in synchronization with each other.  A headlamp modulator
installed on a motorcycle must meet the standards specified by
federal law.

SCHOOL BUS EXEMPTION FROM CHILD PASSENGER RESTRAINT LAW

The child passenger restraint law will not apply to school buses
transporting children four years of age or older regardless of
whether the buses are being used for educational, religious, or
other purposes.  Currently, only school buses used for
educational purposes are exempt.

MOTOR VEHICLE INSPECTION FACILITIES

The substitute requires official motor vehicle inspection and
emission stations to have liability insurance to cover any
possible damage to a vehicle during an inspection.

MISSOURI VEHICLE PROTECTION PRODUCT ACT

The Missouri Vehicle Protection Product Act is established
relating to vehicle protection devices installed on or applied to
vehicles to prevent loss or damage from a specific cause,
including a warranty for the product.  The substitute:

(1)  Requires vehicle protection product warrantors to be
registered with the Department of Insurance, Financial
Institutions, and Professional Registration and to keep accurate
accounts, books, and records concerning transactions regulated by
the act;

(2)  Prohibits a vehicle protection product warrantor from using
in its name, contracts, or literature the words "insurance,"
"casualty," "surety," or "mutual" unless it is licensed as an
insurance company;

(3)  Prohibits a person from offering or selling a vehicle
protection product warranty unless it clearly specifies the terms
and conditions governing the cancellation of the sale and
warranty; and

(4)  Prohibits any person from offering or selling any vehicle
protection product unless the warrantor acquires insurance under
a warranty reimbursement insurance policy or maintains a net
worth or stockholder's equity of $50 million.

HOUSEHOLD GOODS COMMON CARRIERS

The substitute allows household goods common carriers to file
applications with the Highways and Transportation Commission for
approval of rates to reflect increases and decreases in the
carrier's cost.  The filing of the application will be governed
by similar rules for rate adjustments requested by electrical gas
or water companies.  The substitute also repeals the exemption
that currently allows intrastate household goods movers to
operate wholly in municipalities, between contiguous
municipalities, or commercial zones without having to obtain
Department of Transportation operating authority.  Currently,
household movers are exempt from the rules and regulation of
Chapter 390, RSMo, if their operations are restricted to those
described areas.

MOTOR CARRIER TRANSPORTATION INDEMNITY AGREEMENTS

The substitute makes indemnity agreements in motor carrier
transportation contracts which exempts a party for any losses
from negligence or intentional acts void and unenforceable.
Motor transportation contracts must not include Uniform
Intermodal Interchange and Facilities Assess Agreements.

RENTAL VEHICLES

Any additional charges must be clearly disclosed on a rental
agreement.  When a rental rate is advertised, the maximum daily
amount of additional charges must also be quoted.

MOTOR VEHICLE FRANCHISE PRACTICES

The substitute revises the definition of "motor vehicle" as it
relates to motor vehicle franchise practices to include any
engine, transmission, or rear axle manufactured for installation
in a commercial motor vehicle with a gross vehicle weight rating
over 16,000 pounds.

IGNITION INTERLOCK DEVICES

Any person who has been found guilty of or pled guilty to any
intoxication-related traffic offense must use a functioning,
certified ignition interlock device when operating a motor
vehicle for a period of at least 12 months from the reinstatement
of his or her driver's license.  No limited driving privilege
will be issued to any person until the applicant has filed proof
with the Department of Revenue that his or her motor vehicle is
equipped with a functioning certified ignition interlock device
as a required condition of the limited driving privilege.

SCHOOL BUS DRIVERS

The Director of the Department of Revenue must not issue or renew
a school endorsement to any applicant whose driving record shows
that he or she has been convicted of an intoxication-related
traffic offense while operating a school bus.  A person convicted
of an intoxication-related offense while operating a school bus
will have his or her school bus endorsement permanently denied by
the court, beginning on the date of the court's order.  School
bus drivers will be required to notify the superintendent of the
school district or the employing contractor whenever the driver
receives a citation for an intoxicated-related traffic offense.
Notice of the citation must be given prior to the driver resuming
operation of school bus.  Failure to notify the school district
or the employing contractor of the citation will constitute a
valid reason for discharging the school bus driver.  The fine for
driving with a revoked license while operating a school bus will
be $1,000.

The provisions of the substitute regarding the Missouri Vehicle
Protection Product Act, the intoxication-related traffic offenses
while operating a school bus, and the repeal of the household
movers exemption become effective January 1, 2008.

The substitute contains an emergency clause for the provision
regarding child passenger restraints on buses.

FISCAL NOTE:  Estimated Effect on General Revenue Fund of an
income of $850,161 to Unknown in FY 2008, an income of Unknown to
a cost of $11,869,061 in FY 2009, and an income of Unknown to a
cost of $8,452,523 in FY 2010.  Estimated Effect on Other State
Funds of an income of Less than $2,466,137 to a cost of Unknown
in FY 2008, an income of Less than $17,586,001 to a cost of
Unknown in FY 2009, and an income of Less than $11,835,500 to a
cost of Unknown in FY 2010.

PROPONENTS:  Supporters say that the bill cleans up out-dated
language pertaining to the State Highway Patrol.

Testifying for the bill were Senator Stouffer; State Highway
Patrol; and Division of Highway Safety, Department of
Transportation.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:21 am