HCS SCS SB 52 -- MOTOR VEHICLES

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 motor vehicles.

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;

(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;

(10)  Increases the amount an entity making a request for
criminal history record information that is not based on a
fingerprint search must pay from no more than $5 per request to
no more the $9.  Beginning January 1, 2010, the superintendent
may increase the fee by no more than $1 per year with a maximum
fee of $15 per request.  An entity cannot be charged a fee of
more than $20 for criminal history record information based on a
fingerprint search, unless the request is required by the
concealed carry endorsement statute or foster parent licensing
statute, in which case, the fee will be $14; and

(11)  Authorizes the patrol, at the direction of the Governor, to
conduct a name or fingerprint background investigation of
gubernatorial appointees and conduct other investigations to
determine if an applicant or appointee has paid his or her
required taxes and establish the person's suitability for a
position of public trust.

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.

The Department of Revenue is required to simplify the motor fuel
tax exemption process by reducing the administrative burden,
reducing the time to receive a refund, and dividing the refund
between the fuel wholesaler/retailer and the tax exempt entity.

SALES TAX EXEMPTION FOR HIGHWAY CONSTRUCTION MATERIALS

Beginning July 1, 2008, a sales tax exemption is authorized for
materials purchased by contractors for use in the construction of
highways and other Department of Transportation projects.

LOCAL CONTROL OF BILLBOARDS

A local zoning authority cannot adopt or enforce any ordinance,
order, rule, regulation, or practice that eliminates the ability
of a property owner to build or develop property or erect an
on-premise sign solely because a legally erected billboard
already exists on the property.

ANNUAL BID BONDS FOR HIGHWAY CONSTRUCTION AND MAINTENANCE

The substitute authorizes the Highways and Transportation
Commission to accept an annual bid bond for construction and
maintenance projects.  The commission must specify the form and
content of the annual bid bond.

DESIGN-BUILD HIGHWAY PROJECTS

The substitute specifies that bid bond and performance bond
requirements and payment bond requirements will apply to a
design-build highway project contract designated by the Highways
and Transportation Commission as a "design-build-finance-
maintain" project with terms, durations, and amounts as it
determines to be adequate for its protection and provides a
surety satisfactory.  If the commission fails to receive a
statement of qualification from at least two design-builders in
response to a request for a qualification for a design-build
highway project contract, the design-build procurement process
will be suspended and the commission may re-advertise the
project.

The commission may contract for a design-build highway project
which is not designated by the commission as a "design-build-
finance-maintain" project and specifies the process.

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.

REGISTRATION EXEMPTION FOR CERTAIN VEHICLES

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.

REISSUANCE OF LICENSE PLATES

The Director of the Department of Revenue is required to commence
the reissuance of a newly designed license plate no later than
January 1, 2009.

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."

SAFETY INSPECTIONS

A vehicle with less than 50,000 miles that is less than five
years old will be exempt from the biennial motor vehicle safety
inspection requirement.

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.

DEALER LICENSE PLATES

New motor vehicle manufacturers will not be issued or possess
more than 347 additional number plates or certificates of number
annually.  New and used motor vehicle dealers, powersport
dealers, wholesale motor vehicle dealers, boat dealers, and
trailer dealers are limited to one additional plate or
certificate of number per 10-unit qualified transactions
annually.  An applicant seeking the issuance of an initial
license will indicate on his or her initial application the
applicant's proposed annual number of sales in order for the
department director to issue the appropriate number of additional
plates or certificates of number.  Wholesale and public auctions
will be issued a certificate of dealer registration in lieu of a
dealer number plate.

In order for a dealer to obtain number plates or certificates, he
or she must annually submit to the Department of Revenue by
August 1 a statement certifying, under penalty of perjury, the
dealer's number of sales during the reporting period of July 1 of
the immediately preceding year to July 30 of the present year.

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

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.

RESIDENCE ADDRESS

The substitute defines "residence address" for purposes of
driver's licenses as the location or residence within this state
in which the applicant physically currently resides.  Proof of
address may be required in the form of voter registration or
other forms established by the Director of the Department of
Revenue by administrative rule.

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 renewal fee for a school bus endorsement for any person 70
years of age or older is waived.

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 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.

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.

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.

UNIFIED CARRIER REGISTRATION

The Highways and Transportation Commission is authorized to take
the necessary steps to implement and administer a state plan to
conform with the federal Unified Carrier Registration (UCR) Act
of 2005.  The UCR Act eliminates the state's registration system
and replaces it with the federal UCR Agreement.

The commission may submit to the proper federal authorities,
amend, and carry out a state plan to qualify as a base-state and
to participate in the UCR Plan and administer the UCR Agreement.
The commission is authorized to administer the registration of
Missouri domiciled motor carriers, motor private carriers,
brokers, freight forwarders and leasing companies, and persons
domiciled in nonparticipating states who have designated Missouri
as their base-state under the UCR Act; to receive, collect,
process, deposit, transfer, distribute, and refund registration
fees; and to enter into an agreement with any U. S. agency.

Every motor carrier, motor private carrier, broker, and freight
forwarder and leasing company that has its principal place of
business in Missouri and every person who has designated this
state as his or her base-state must timely complete and file with
the commission all the forms and registration fees required by
the UCR.

Implementing the UCR Act will not be construed as exempting any
motor carrier or any person controlled by a motor carrier from
any state regulation regarding motor carriers.

The substitute also repeals provisions regarding the issuance of
interstate motor carrier permits.

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.

CHEMICAL BLOOD-ALCOHOL TESTS

The substitutes removes the requirement that a licensed
physician, registered nurse, or trained medical technician must
use a nonalcoholic antiseptic for cleansing the skin prior to
drawing blood for the purpose of determining the alcohol content
of the blood.

MOTOR VEHICLE FRANCHISE PRACTICES

The definition of "motor vehicle" is revised 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.

The provisions of the substitute regarding the intoxication-
related traffic offenses while operating a school bus become
effective January 1, 2008.

The substitute contains an emergency clause for the provision
regarding stolen license plate tabs and child passenger
restraints on certain buses.

FISCAL NOTE:  Estimated Effect on General Revenue Fund of a cost
of $634 to an Income of Unknown in FY 2008, FY 2009, and FY 2010.
Estimated Effect on Other State Funds of a cost of Greater than
$126,250 in FY 2008, an income of Less than $21,086,156 in
FY 2009, and an income of Less than $15,681,155 in FY 2010.

PROPONENTS:  Supporters say that having an annual bid bond will
make the process more efficient.

Testifying for the bill were Senator Stouffer; and 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