HCS#2 SB 357 -- TRANSPORTATION

SPONSOR:  Purgason (Yates)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Insurance
Police by a vote of 8 to 2.

This substitute changes the laws regarding transportation.

TRANSPORTATION APPOINTEES (Sections 21.795 and 226.030, RSMo)

The position of Transportation Inspector General within the Joint
Committee on Transportation Oversight is eliminated.

Currently, the two members of the Highways and Transportation
Commission, one from each political party, who have the most
seniority in commission service serve as commission leadership
with one as chair and the other as vice chair for a period of one
year.  At the end of the year, the chair and vice chair rotate.
The substitute gives the chair and vice chair the option to
rotate positions.

MOTOR FUEL TAX (Section 142.800)

The substitute specifies that the definition of "diesel fuel" for
motor fuel tax purposes does not include biodiesel until the
biodiesel is blended with other diesel fuel or sold for highway
use.

PUBLIC ROADWAYS (Section 226.222)

The substitute requires the Department of Transportation's plans,
programs, and projects to provide full consideration for the
safety and contiguous routes for bicyclists, pedestrians,
disabled persons, and transit users of all ages and abilities.
Bicycle and pedestrian ways must be given full consideration in
the planning and development of transportation facilities by the
department, including their incorporation into state plans and
programs.

DEPARTMENT OF TRANSPORTATION (Section 226.227)

The Department of Transportation is prohibited from using
appropriated or received funding for any activity specifically
designed to urge state or local legislators to favor or oppose
the adoption of any specific legislative proposal.  Officers or
employees of the department can testify before a legislative body
in response to the invitation of any member of that legislative
body or a state executive office.

DRUNK DRIVING VICTIM MEMORIAL SIGN PROGRAM (Section 227.295)

The substitute requires the Department of Transportation to
establish a drunk driving risk reduction awareness program to be
known as "David's Law," including a drunk driving victim memorial
sign program.  The department must adopt, by rules and
regulations, program guidelines for the application for and
placement of signs including, but not limited to, the sign
application and qualification process, the procedure for the
dedication of signs, and procedures for the replacement or
restoration of any signs that are damaged or stolen.

Any person may apply to the department to sponsor a drunk driving
victim memorial sign in memory of an immediate family member who
died as a result of a motor vehicle accident caused by a person
who was shown to have been operating a motor vehicle in violation
of an alcohol-related traffic law at the time of the accident.  A
person who is not a member of the victim's immediate family may
also make a request if he or she submits the written consent of a
member of the victim's immediate family.  The department will
charge the sponsoring party a fee to cover the department's cost
in designing, constructing, erecting, and maintaining the sign.
Signs will remain in place for 10 years and may be renewed for
another 10 years after payment of the appropriate maintenance
fees.

The signs developed by the department will feature the words
"Drunk Driving Victim!", the initials of the deceased victim, the
month and year in which the victim was killed, and the phrase
"Think About It!".

All other roadside memorials or markers commemorating the death
of a drunk driving victim are prohibited.  No person, other than
a department employee or designee, may erect a drunk driving
victim memorial sign.

MEMORIAL HIGHWAYS AND BRIDGES (Sections 227.310, 227.311,
227.313, 227.368, 227.402, 227.407, 227.409, 227.410, and
227.412)

The substitute designates the following memorial highways and
bridges:

(1)  The portion of State Highway 100 located in Franklin County
from its intersection with State Highway 47 to the highway's
connection with Interstate 44 as the "Veterans Memorial Highway";

(2)  The portion of the Poplar Bluff bypass located in Butler
County from State Highway 60 where it crosses over the Black
River to State Highway 67 where it crosses State Route M as the
"Veterans Memorial Highway";

(3)  The portion of State Highway 266 located in Greene County
from North Missouri Road AB to one mile east as the "Dr. Martin
Luther King Jr. Memorial Mile";

(4)  The bridge over Interstate 44 on Business Loop 44 at Exit
127 in Laclede County as the "Specialist James M. Finley Memorial
Bridge";

(5)  The bridge over the Gasconade River on State Highway 17 in
Pulaski County as the "WWII Okinawa Veterans Memorial Bridge";

(6)  The portion of Interstate 435 from mile marker 63.4 to mile
marker 54.2 as the "Lamar Hunt Memorial Highway";

(7)  The portion of Interstate 64/U. S. Highway 40 from the
McClausland/Skinker interchange east to the Interstate
64/Interstate 55 interchange as the "Jack Buck Memorial Highway";

(8)  The portion of U. S. Highway 160 in Greene County from the
intersection of Farm Road 142 to the intersection of West
Sunshine Street as the "Rabbi Abraham Joshua Heschel Memorial
Highway"; and

(9)  The portion of U. S. Highway 43 in Newton County from the
intersection of Douglas Fir to the intersection of State Route U
as the "Tyler Casey Memorial Highway."

ALL-TERRAIN VEHICLES (Section 301.010)

The substitute revises the definition of "all-terrain vehicle"
(ATV) by increasing the vehicle's unladen dry weight from 1,000
pounds to 1,500 pounds and by specifying that an ATV is a vehicle
with four or more nonhighway tires and defines a "recreational
off-highway vehicle" as any motorized vehicle manufactured and
used exclusively for off-highway use which is 60 inches or less
in width, with an unladen dry weight of 1,500 pounds or less,
traveling on four or more nonhighway tires, with a nonstraddle
seat and steering wheel which are subject to the same
registration requirements and trail use as all-terrain vehicles.

TRAILER DEALER LIABILITY INSURANCE (Section 301.560)

Currently, a trailer dealer is required to provide a copy of a
current dealer garage liability insurance policy when submitting
his or her licensure application.  The substitute removes that
requirement.

Currently, when a person who is not a resident of the United
States buys a nonrepairable motor vehicle or a salvage motor
vehicle, the seller must stamp the words "FOR EXPORT ONLY" on the
face of the title and in each unused reassignment space on the
back of the title and forward it to the Department of Revenue.
The substitute specifies that it is the operator of the salvage
pool or salvage disposal sale or the subsequent purchaser who is
required to fulfill these actions.

SPECIAL LICENSE PLATES (Sections 21.795, 301.165, 301.2998,
301.3155, 301.3158, 301.4005, 301.4006, 301.4010, 301.4016,
301.4018, and 301.4020)

The substitute allows for the following special license plates:

(1)  Brain Tumor Awareness;

(2)  Armed Forces Expeditionary Medal;

(3)  Legion of Merit;

(4)  Missouri Bicycle Federation;

(5)  Nixa Education Foundation;

(6)  National Wild Turkey Federation;

(7)  Missouri Stream Team;

(8)  D.A.R.E. (Drug Abuse Resistance Education); and

(9)  United States Submarine Veteran.

The Joint Committee on Transportation's speciality license plate
approval process is revised; and once a specialty plate is
approved for issuance, the Department of Revenue cannot issue the
plate until receiving 200 applications.

TOWING ABANDONED VEHICLES (Sections 304.155 and 304.161)

Currently, property is considered to be abandoned when it has
been on the right-of-way of any highway or freeway in an
urbanized area for 10 hours.  Property on the right-of-way on any
highway or freeway outside of an urbanized area is not considered
abandoned until it has been on the right-of-way for 48 hours.
The substitute specifies that property outside of an urbanized
area will be considered abandoned after it has been left
unattended for 12 hours on the right-of-way of the state highway
system.

The substitute also authorizes law enforcement officers to tow a
vehicle abandoned by a person who eludes arrest for an alleged
offense for which the officer would have taken the offender into
custody and allows officers to immediately remove abandoned
property from the right-of-way of any interstate, freeway, or
state highway if the abandoned property is creating a traffic
hazard.  Currently, only the Department of Transportation is
authorized to immediately remove a hazard from a state highway.

The substitute limits the daily storage charge on a towed vehicle
to $25 per day.

TRAFFIC FINE REVENUES (Section 302.341)

Currently, if a city, town, or village receives more than 45% of
its total annual revenue from fines for traffic violations, all
revenue from these violations in excess of 45% must be sent to
the Department of Revenue.  The substitute reduces the amount to
35% of the annual general operating revenue but includes court
costs for traffic violations in the amount.  The Director of the
Department of Revenue is required to establish a procedure for
the excess revenue to be sent to the department.  If a city,
town, or village disputes the determination that it has received
excess revenue, it may be subject to an annual audit by the State
Auditor.

INSURANCE IDENTIFICATION CARDS (Section 303.024)

The crime of knowingly or intentionally producing, manufacturing,
selling, or distributing a fraudulent insurance identification
card is created, a class D felony.  Any person who knowingly or
intentionally possesses a fraudulent insurance identification
card will be guilty of a class B misdemeanor.

MOTOR VEHICLE VIOLATION PENALTIES (Sections 301.131, 301.150,
301.310, 301.420, 301.440, 301.716, 307.010, 307.015, 307.090,
307.120, 307.125, 307.155, 307.172, 307.173, 307.195, 307.198,
307.365, 307.375, 307.390, 307.400, 488.006, and 556.021)

The substitute changes the laws regarding the penalties for
certain violations of motor vehicle licensing, registration, and
equipment provisions.  In its main provisions, the substitute:

(1)  Changes the penalties for persons violating the provisions
of Sections 301.010 - 301.440 regarding registration and
licensing of motor vehicles.  Currently, persons violating a
provision of these sections can be found guilty of a class C
misdemeanor and be subject to a fine of not less than $5 or more
than $500 and/or imprisonment in the county jail for a term not
exceeding one year.  The substitute reduces the penalty to an
infraction with the same fines;

(2)  Specifies that any person who willfully or knowingly makes a
false statement on an application for the registration of a motor
vehicle or trailer, or as a dealer, or in an application for or
assignment of a certificate of ownership will be guilty of a
class C misdemeanor;

(3)  Changes a violation of the following from a misdemeanor to
an infraction:

(a)  Provisions of Sections 301.700 - 301.714 and Section 307.198
regarding all-terrain vehicles;

(b)  Provisions regarding when materials fall off a vehicle,
trailer, or semitrailer while being transported or carried;

(c)  Provisions requiring vehicles to be equipped with mud flaps;

(d)  Provisions of Sections 307.020 - 307.120 regarding vehicle
light regulations;

(e)  Provisions regarding the lighting requirements for
animal-driven vehicles;

(f)  Provisions of Sections 307.130 - 307.160 regarding vehicle
safety glass;

(g)  Provisions regarding maximum vehicle bumper heights;

(h)  Provisions regarding vehicle side window tinting;

(i)  Provisions regarding the improper operation of a motorized
bicycle;

(j)  Provisions of Sections 307.350 - 307.390 regarding motor
vehicle inspections; and

(k)  Provisions of Section 307.400 regarding commercial vehicles
and drivers of commercial vehicles;

(4)  Changes a violation of the following from an infraction to a
class C misdemeanor:

(a)  Provisions of Section 307.365 regarding requirements of
official inspection stations; and

(b)  Provisions of Section 307.375 regarding inspections of buses
used to transport children to or from school;

(5)  Requires Missouri courts, unless otherwise provided by law,
to assess all court costs, fees, surcharges, and other
miscellaneous charges for any infraction in the same manner and
amount as for a misdemeanor;

(6)  Specifies that an offense is an infraction if it is
designated as one or if a violation can result only in a fine,
forfeiture, other civil penalty, or any combination thereof.  A
determination of whether an infraction has occurred will be made
by the filing of a civil action.  The action must be filed by a
person who is authorized to bring a criminal action or an action
to enforce an ordinance if the conduct constituted a crime or
ordinance violation.  The action will be brought in the name of
the state or the appropriate political subdivision.  An
infraction violation must be proved by a preponderance of the
evidence but must not be tried by a jury.  If an infraction
violation is proven, judgment must be entered for the plaintiff;
and

(7)  Requires the driver of any vehicle or the rider of any
animal traveling on a roadway to stop on the signal of any law
enforcement officer and to obey any reasonable signal or
direction of the officer given in the course of enforcing any
infraction.  Any person who willfully fails or refuses to obey
any signal or direction or who resists or opposes an officer
while enforcing any infraction will be guilty of a class A
misdemeanor.

COMMERCIAL DRIVER'S LICENSES (Sections 302.545, 302.700, 302.735,
302.755, 302.775, and 311.326)

The substitute prohibits the expungement of a minor in possession
charge or for being found guilty with a blood-alcohol content of
at least .04 for the holder of a commercial driver's license or a
person operating a commercial motor vehicle when the violation
occurred.  Any person will be disqualified from driving a
commercial motor vehicle for a period of not less than one year
if convicted for the first violation of an alcohol-related
violation.

The Director of the Department of Revenue will disqualify a
commercial driver's license holder or operator of a commercial
motor vehicle as a commercial driver upon receipt of a conviction
for an offense or failure to appear or pay.  The disqualification
will remain in effect until the department director receives
notice that the person has complied with the requirement to
appear or pay.

The penalty for making a false unsworn statement or affidavit in
the driver's license process is changed from a class A
misdemeanor to a class D felony.

The state must immediately revoke a hazardous material
endorsement upon receipt of an Initial Determination of Threat
Assessment and Immediate Revocation from the federal
Transportation Security Administration and must revoke or deny a
hazardous material endorsement within 15 days of receipt of a
final determination.  The definition of "hazardous materials" is
revised to be consistent with federal law and regulations.

The substitute revises the definition of "farm vehicle" to
clarify that it is a commercial motor vehicle operated by a
farmer transporting agricultural products, machinery, supplies,
or a combination of these within 150 miles to or from the farm.

Any person convicted for driving while out of service will be
disqualified from driving a commercial motor vehicle in a manner
prescribed by federal regulations.

TRACTOR PARADES (Sections 304.170 and 304.260)

Tractors driven by licensed drivers during daylight hours on
specified parade routes for fund-raising activities and other
special community events involving tractors are exempt from
certain width, height, length, and registration regulations with
the approval of the Superintendent of the State Highway Patrol.

TRAFFIC CONTROL SIGNALS (Section 304.285)

The substitute creates an affirmative defense for a motorcycle
rider who enters or crosses an intersection controlled by a
traffic signal against a red light if the motorcycle has been
brought to a complete stop, the traffic signal shows a red light
for an unreasonable time, the traffic signal is apparently
malfunctioning, and no motor vehicle or person is approaching or
is so far away that it does not constitute an immediate hazard.

MISSOURI UNIVERSAL RED LIGHT ENFORCEMENT ACT (Sections 304.287,
304.288, 304.289, 304.290, 304.295, and 304.297)

The substitute establishes the Missouri Universal Red Light
Enforcement Act which allows various political entities to
establish automated photo red light enforcement systems to detect
red light signal violations.

Prior to installation, all systems must be registered with the
Department of Transportation.  At the time of registration, a
one-time, $500 per red light camera fee will be collected and
deposited into the Red Light Enforcement Fund for conducting
audits to ensure entity compliance with the provisions of the
substitute.

The roadway must be clearly marked with a white stripe indicating
the stop line and the perimeter of the intersection prior to
activation of the system.  The entity must also install warning
signs within 500 feet of the white stripe indicating the stop
line and have the signal phase timings at the intersection
certified by the department.  Prior to installing the automated
enforcement system, the entity must give notice of the
intersection where the system will be located and the date on
which the system will begin to monitor the intersection.  The
entity must give the notice at least 14 days prior to the
installation of the system in a newspaper of general circulation
throughout the area served by the entity.

The substitute requires entities implementing a system to submit
an annual report to the department regarding:

(1)  The number of intersections enforced by an active system;

(2)  The number of notices of violation mailed;

(3)  The number of notices of violation paid;

(4)  The number of hearings; and

(5)  The total revenue collected as a result of the system.

Any entity failing to complete the annual report within 45 days
of its due date will be fined $50,000 and must remove all
automated photo red light enforcement systems.

Entities that establish an automated photo red light enforcement
system may contract with a private vendor to perform operational
and administrative tasks associated with the use of the system
but not the issuance of the notice of violation.  Any
compensation paid to a private vendor must not be based upon the
number of violations mailed, the number of citations issued, the
number of violations paid, or the amount of revenue collected by
the entity.

Before a notice of violation may be issued, all images produced
by a system must be reviewed and approved by a law enforcement
officer employed by the entity in which the alleged violation
occurred.  Based on the inspection of recorded images, a signed
notice of violation or a copy of the notice alleging that the
violation occurred will be evidence of the facts and will be
admissible in any proceeding.

The substitute specifies what the notice of violation is to
contain including a copy of two recorded images and a zoomed and
cropped image of the vehicle's license plate as well as
information on how he or she can review the alleged violation and
contest it.  Any issued notice of violation must be mailed no
later than three business days after the violation was recorded
by the automated system.

The fine imposed for a violation must not exceed $75, no points
will be assessed against his or her driver's license, and the
violation will not be made a part of his or her operating record.
A person charged with committing a red light violation may rebut
the violation by filing an affidavit with the court that he or
she was not the operator of the vehicle at the time of the
alleged violation.

Entities must issue warning notices for the first 30 days after a
system is installed, and no entity may use a photo radar system
to enforce speeding violations.  Entities will also be required
to maintain photographic and other recorded evidence for at least
three years.  Photographic and recorded evidence will not be
subject to disclosure under the Open Meetings and Records Law,
commonly known as the Sunshine Law.

Enforcement systems in place prior to the effective date of the
substitute will not be subject to the requirements of the act.

CONSTRUCTION AND WORK ZONE VIOLATIONS (Section 304.582)

The substitute specifies that no person will be cited for a
violation of certain traffic regulations in a construction or
work zone if there are no highway workers located or working
within the zone at the time of the alleged violation.

TRAILER AND SEMITRAILER SAFETY PRECAUTIONS (Section 304.870)

The substitute prohibits any person from climbing, standing, or
working on top of any tanker trailer stopped along any highway
unless proper safety precautions are taken.  Any person violating
this provision will be guilty of an infraction punishable by a
fine of between $50 and $100.

MOTOR CARRIER FEES (Section 387.040)

Motor carriers are exempt from filing schedules of rates, fares,
and charges for shipments of household goods transported wholly
and exclusively within commercial zones as defined in Section
390.020 and established by the Highways and Transportation
Commission.

CONTRACT CARRIERS TRANSPORTING RAILROAD EMPLOYEES (Section
389.948)

The substitute requires drivers for contract carriers that
transport railroad employees to have a valid chauffeur's license
and a recent driving record from each prospective driver.  The
carrier must also conduct a review of the driving record of each
applicant prior to his or her being hired and maintain a
personnel file on each driver.

A driver transporting railroad employees is limited to 16 hours
of total on-duty time within any 24-hour period.  A driver who
has 12 hours of actual vehicle operation within any 24-hour
period or 16 hours of total on-duty time within any 24-hour
period must have at least eight consecutive hours off duty before
again operating a vehicle under the carrier's employ.

A contract carrier transporting railroad employees must maintain
individual daily time records for a minimum of six months
indicating the times all for-hire motor carrier drivers employed
by the carrier reported for duty, the corresponding times of
relief from duty, total time driven each day, total time on duty
each day, and total time off duty for each day.  All records
required to be maintained under this provision must be made
available for inspection by the Department of Transportation.

Each contract carrier must maintain liability insurance in an
amount not less than $1.5 million for each vehicle used to
transport railroad employees.

ASSAULT OF A HIGHWAY WORKER (Sections 565.081 - 565.083)

The crime of assault of a corrections officer, law enforcement
officer, emergency personnel, or probation and parole officer in
the first, second, and third degree is expanded to include a
highway worker in a construction or work zone.

CONVEYANCE IN ST. LOUIS CITY (Sections 1 - 5)

The substitute authorizes the Governor to convey state property
located in St. Louis City, which is currently being used by the
Department of Corrections as a minimum security correctional
facility, to the Highways and Transportation Commission for the
new Mississippi River Bridge project.

FISCAL NOTE:  Estimated Effect on General Revenue Fund of an
income of $158,500 to a cost of Unknown in FY 2010, an income of
Unknown to a cost of Unknown in FY 2011, and an income of Unknown
to a cost of Unknown in FY 2012.  Estimated Effect on Other State
Funds of an income of Unknown up to a cost of $158,500 or Unknown
in FY 2010, an income of Unknown to a cost of Unknown in FY 2011,
and an income of Unknown to a cost of Unknown in FY 2012.

PROPONENTS:  Supporters say that the bill removes dealers of
small trailers from the dealer garage liability insurance policy
requirement because these dealers don't have garages and the
requirement is unnecessary.

Testifying for the bill was Senator Purgason.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:26 am