HCS HB 1482 & 1299 -- TRANSPORTATION

SPONSOR:  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.

UTILITY VEHICLES (Sections 301.010 and 304.032, RSMo)

"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 1,850
pounds or less, travels on four or six wheels, and is used
primarily for landscaping, lawn care, or maintenance purposes.

The substitute establishes the restrictions and guidelines for
the operation of these vehicles in this state.

Any violation of the provisions regarding the operation of a
utility vehicle will be a class C misdemeanor.  In addition to
other legal remedies, the Attorney General or county prosecuting
attorney may institute a civil action for injunctive relief and
the assessment of a penalty not to exceed $1,000 per day.

SPECIAL LICENSE PLATES (Sections 21.795, 301.2999, 301.3141,
301.3151, and 301.3154)

The substitute repeals the provisions authorizing the creation of
new special license plates and requires organizations seeking
authorization for a new special license plate to first obtain
approval of the General Assembly during its regular legislative
session.  Upon obtaining approval from the General Assembly, the
organization must submit to the Department of Revenue:

(1)  An application describing the proposed special license plate
in general terms and the proposed art design for the plate;

(2)  A list of at least 500 applicants who plan to purchase the
special plate and the specialty plate fee; and

(3)  An application fee, not to exceed $5,000, to defray the cost
of issuing the plate.

PUBLIC-PRIVATE PARTNERSHIP (Sections 144.054, 227.600, 227.615,
and 227.646)

Projects under a public-private partnership may include any
bridge, road, highway, access road, ferry, river port, airport,
railroad, light rail or other mass transit facility, and any
similar or related improvement or infrastructure to be financed,
developed, and/or operated under agreement between the Highways
and Transportation Commission and a private partner.

The commission may approve projects it determines are needed
which will improve the total transportation infrastructure needs
of the state.  These highway, road, mass transit, and bridge
projects must have a total value in excess of $25 million, but
the commission will be prohibited from approving any project,
maintenance, or improvement involving any existing interstate
highway or any highway project in excess of 25 miles.

A sales and use tax exemption will be authorized on all sales and
purchases of tangible personal property, utilities, and services
used by contractors for completing a public-private partnership
project.  Any revenues received under a private-partnership will
be exempt from Missouri income tax.

TAXATION OF AIRCRAFT (Section 155.010)

The definition of "commercial aircraft" as it relates to the
taxation of aircraft is revised by lowing the maximum certified
gross take-off weight from 7,000 to 3,000 pounds.

ELECTRONIC BIDDING (Section 227.102)

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

ANNUAL BID BOND (Section 227.103)

The Highways and Transportation Commission will be authorized to
accept an annual bid bond for its construction and maintenance
projects.

TRANSPORTATION DEVELOPMENT DISTRICTS (Sections 238.207 and
238.210)

When residents of two or more counties want to establish a joint
transportation development district for a project that lies in
whole or in part within two or more counties, the substitute
allows a petition to be filed in a circuit court of any of the
counties in which the project will be located.  The petition must
be signed by at least 50 registered voters from each of the
counties and must state the name, voting residence, and county of
residence of each individual petitioner.

LEFT TURN ON A RED LIGHT ON ONE-WAY STREETS (Sections 300.155 and
304.281)

The substitute allows a left turn on a red light from a one-way
street into another one-way street upon yielding to pedestrians
and any other traffic.  State or local authorities may prohibit
this left turn for safety reasons if they erect a sign indicating
the prohibition.

ACCESSIBLE PARKING SPACES (Section 301.143)

New parking lots or parking lots being restriped after August 28,
2008, are required to have one in every four accessible spaces
designated for lift van accessible only parking with an access
aisle of at least 96 inches wide.

All new signs erected after August 28, 2008, relating to disabled
parking must contain the words "Accessible Parking" instead of
"Handicap Parking."

DRIVER'S LICENSES AND TEMPORARY PERMITS (Sections 302.060,
302.063, and 302.171)

The Department of Revenue is prohibited from issuing a driver's
license or a temporary instruction permit to any person 15 to 18
years of age if a public school district submits information to
the department that the student is not in compliance with the
eligibility standards.  Every public school district must provide
the department with a list of the students who are not in
compliance at least once a semester.

The Department of Elementary and Secondary Education's standards
must ensure that a student continues to make educational
progress.  If an applicant does not achieve the department's
standards, his or her driver's license test will be postponed
until he or she demonstrates that the standards have been
achieved.

Any person who is emancipated and does not meet the
qualifications may request his or her district's school board to
grant a waiver from the requirements.  A school board will grant
a waiver if it determines that having a license to operate a
motor vehicle is in the best interest of the individual.  Any
person who drops out of school and earns a general educational
development (GED) certificate will be granted, upon request, a
waiver from these requirements.

The Department of Elementary and Secondary Education, in
cooperation with the Department of Revenue, must establish a
model or models for compliance.

Any person who knowingly submits false information to the
Department of Revenue regarding these provisions will be guilty
of a class C misdemeanor.

SCHOOL BUS ENDORSEMENTS (Sections 302.177, 302.720, and 302.735)

The renewal and examination fee for a school bus endorsement is
waived for an individual who is 70 years of age or older.

COMMERCIAL DRIVER'S LICENSE TEST (Section 302.720)

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
converse with the general public, understand highway traffic
signs and signals, respond to official inquiries, and make
entries on reports and records.  No interpreters will be allowed.

THIRD-PARTY TESTERS (Section 302.720)

Beginning August 28, 2008, the substitute requires the Department
of Revenue to certify as a third-party tester any municipality
that owns, leases, or maintains its own fleet that requires
certain employees, as a condition of employment, to hold a valid
commercial driver's license.

CROSSING SOLID YELLOW CENTER STRIPE (Section 304.016)

Driving a vehicle to the left of a solid yellow center stripe
will be prohibited except when executing a lawful turn or
overtaking a slow-moving vehicle traveling at a speed of less
than 25 miles per hour or when avoiding debris in the roadway if
it does not create a hazard.

AUTO TRANSPORTS (Section 304.170)

Single truck auto transporters will have a maximum length of 53
feet, exclusive of a front and rear overhang.  The front overhang
may extend three feet, and the rear may extend four feet.

COMMERCIAL VEHICLE ENFORCEMENT OFFICERS (Section 304.230)

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, 2008, will have until July 1, 2015, to
comply with the mandatory standards.

TRAVEL SAFE ZONES (Section 304.590)

The fines imposed for a moving or speeding violation when
committed in a designated travel safe zone are doubled.  A
"travel safe zone" is defined as any area upon or around any
highway, visibly marked by the Department of Transportation,
where a highway safety analysis shows the number of fatal or
disabling vehicle crashes exceeds a predicted safety performance
level for comparable roadways as determined by the department.

ANIMAL-DRIVEN VEHICLES (Sections 307.125 and 307.127)

Any animal-driven vehicle placed or driven upon or along any
state or supplementary highway, whether in motion or at rest,
after sunset to one-half hour before sunrise must have reflection
tape that meets United States Department of Transportation
standards attached at the rear and at the front two corners.  The
tape must be placed across the entire length of the rear of the
vehicle and be visible from at least 500 feet when illuminated by
the lower beams of a vehicle's headlight and placed horizontally
on the two front corners of the vehicle with the tape on each
corner measuring at least 10 inches in length.  The Department of
Public Safety must establish the specifications for the
reflective tape.

MOTOR VEHICLE PROTECTION PRODUCT ACT (Sections 385.400, 385,403,
385.406, 385.409, 395.412, 385.415, 385.418, 385.421, 385.424,
385.427, 385.430, 385.433, and 385.436)

The Missouri Vehicle Protection Product Act is established
regarding any person selling or offering a vehicle protection
warranty agreement.  A person will be prohibited 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 substitute.  A vehicle protection product
warrantor, a seller of a vehicle protection product, or a
warranty administrator that complies with the provisions of the
substitute will not be subject to any other state insurance code.
Vehicle warrantor requirements, vehicle protection product
warranty contents, vehicle warranty cancellation provisions, and
rule-making authority are specified.  The substitute will apply
to all warranted products sold or offered for sale on or after
January 1, 2009.  The failure of any person to comply with the
provisions of the substitute 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.

UNIFIED CARRIER REGISTRATIONS (Sections 390.071 and 622.095)

The Highways and Transportation Commission is authorized to take
the necessary steps to implement and administer a state plan to
conform with the Unified Carrier Registration Act of 2005.  The
federal Unified Carrier Registration Act includes provisions to
eliminate the Single State Registration System by January 2007
and replace it with the Unified Carrier Registration Agreement.
The substitute also repeals provisions regarding the issuance of
interstate motor carrier permits and the Single State
Registration System.

MOTOR CARRIER TRANSPORTATION INDEMNITY AGREEMENTS (Section
390.372)

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

FUEL SURCHARGE PASS-THROUGH (Section 390.375)

A transportation property broker or freight forwarder is required
to pass through to the person responsible for paying for fuel any
fuel surcharge provided for in transportation contracts and
agreements and collected by the broker or freight forwarder at
the same time payment for truckload transportation or service is
made to the person responsible for paying for the fuel.

Any civil action for damages brought by a person responsible for
paying for fuel must be brought within 18 months after the claim
arises.

ASSAULT OF A HIGHWAY WORKER (Section 565.081)

The substitute creates the crime of assault of a highway worker
if a person attempts to kill or knowingly causes or attempts to
cause serious physical injury to a highway worker in a work or
construction zone.

The provisions regarding the Missouri Vehicle Protection Product
Act become effective January 1, 2009, and the provisions
regarding school bus endorsements and driver's license and
temporary permits become effective January 1, 2011.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Unknown
greater than $58,641 in FY 2009, Unknown greater than $105,234 in
FY 2010, and Unknown greater than $108,357 in FY 2011.  Estimated
Cost on Other State Funds of Unknown greater than $133,097 in
FY 2009, Unknown greater than $150,578 in FY 2010, and Unknown
greater than $156,215 in FY 2011.

PROPONENTS:  Supporters say that the bills define a utility
vehicle and specify how these vehicles can be operated in certain
circumstances.

Testifying for HB 1482 were Representative Wells; State Highway
Patrol; and Department of Revenue.

Testifying for HB 1299 were Representative Kuessner; and State
Highway Patrol.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:10 pm