HCS SCS SB 88 -- TRANSPORTATION

SPONSOR:  Stouffer (Dixon)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Transportation by a vote of 13 to 0.

This substitute changes the laws regarding transportation.

TRANSPORTATION APPOINTEES (Sections 21.795 and 226.030, RSMo)

The position of Transportation Inspector General for 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
positions.  The substitute gives the chair and vice chair the
option to rotate positions.

COMMITTEE ON LEGISLATIVE RESEARCH (Section 23.156)

Every employee of the Oversight Division of the Committee on
Legislative Research is required to take an oath to support the
Missouri Constitution; to faithfully demean himself or herself in
office; to not disclose confidential information; and to not
accept any gifts or emoluments for discharging their official
duties, other than their official compensation.  Any employee who
violates this provision will be guilty of a class A misdemeanor.

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.

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

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";
and

(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."

ALL-TERRAIN VEHICLES (Sections 300.349 and 301.700)

Licensed drivers are allowed to operate off-highway vehicles on
gravel or dirt roads located in any charter county in certain
situations.  Anyone violating these provisions will be guilty of
a class C misdemeanor and may be subject to a civil penalty of up
to $1,000 per day of violation.

A bill of sale is allowed to be used to prove ownership of an
all-terrain vehicle when applying for a certificate of ownership.

MOTOR VEHICLE WINDSHIELD STICKERS (Sections 136.055, 306.032,
301.130, 301.140, 301.160, 301.290, and 301.300 - 301.302)

The substitute requires a front window sticker to be placed on
the inside front windshield of a motor vehicle to show the
current registration and a rear license plate tab.  A window
sticker will not be issued for a motorcycle or trailer
registration.

The Director of the Department of Revenue is allowed, beginning
January 1, 2012, to prescribe additional information to be
recorded on the window sticker to ensure that it positively
correlates with the license plate or plates issued for the
vehicle.

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

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; and

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

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

MOTOR VEHICLE CERTIFICATES OF OWNERSHIP (Section 301.190)

The substitute establishes a procedure for adding or deleting a
name or names on an application for certificate of ownership for
a motor vehicle or trailer when there is an inconsistency with
the notice of lien.

SALVAGED VEHICLES (Section 301.218)

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.

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 for any infraction, unless
otherwise provided by law, to assess all court costs, fees,
surcharges, and other miscellaneous charges in the same manner
and amount as 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.  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.

MOBILITY MOTOR VEHICLE DEALERS (Section 301.571)

Mobility motor vehicle dealers are allowed to purchase new motor
vehicles and equip them for retail sale as mobility motor
vehicles.

TEMPORARY MOTORCYCLE PERMIT (Section 302.132)

The substitute allows any person at least 16 years of age
receiving a temporary motorcycle permit to operate a motorcycle
or motortricycle for six months on state highways during daylight
hours with no passengers.

DRIVER'S OR NONDRIVER'S LICENSE OF A PERMANENTLY DISABLED PERSON
(Section 302.182)

An individual who is permanently disabled is allowed to apply to
the Department of Revenue to have a notation indicating that
status on his or her driver's or nondriver's license.  The
department will establish the cost and criteria for the placement
of the notation.

ADMINISTRATION OF DRIVER IMPROVEMENT PROGRAMS (Sections 302.302
and 476.385)

The substitute allows courts using a centralized violation bureau
to provide an individual who has violated certain traffic
violations the option of attending a driver-improvement program
or motorcycle-rider training course in lieu of assessing points
against the person's driver's license.  The individual must
verify his or her attendance as directed by the bureau when
paying the required fines and court costs.

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.  A 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.

TOWING BY LAW ENFORCEMENT (Section 304.155)

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.

STORAGE CHARGES FOR A TOWED VEHICLE (Section 304.161)

The substitute limits the storage charges for any towed vehicle
to a maximum of $25 per day.

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.

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, except law enforcement
personnel, 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.

MOTORCYCLE HEADLAMP MODULATORS (Section 307.128)

Motorcycle headlamps are allowed to be wired to modulate either
the upper beam or the lower beam from its maximum intensity to a
lesser intensity.  The standards for the modulation are specified
in the substitute.

MOTOR VEHICLE DEALERSHIPS (Section 407.584)

The substitute requires any motor vehicle dealership which
requires warranty work and repairs to be completed by a
manufacturer-authorized dealership or repair facility and the
dealership or repair facility discontinues this service and no
other authorized dealership or repair facility is located within
75 miles of the dealership or repair facility to allow another
dealership or repair facility that is certified by the National
Institute for Automotive Service Excellence and is located within
75 miles to perform the warranty work and repairs.

Any dealership or repair facility completing warranty work is
allowed to use aftermarket parts if original equipment parts will
not arrive within five business days and the aftermarket parts
will be available before the original equipment parts.  The use
of aftermarket parts will not void the manufacturer's warranty
nor will aftermarket parts be covered by the manufacturer's
warranty.

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.

The provisions regarding motor vehicle windshield stickers become
effective January 1, 2011.

The substitute contains an emergency clause for the provisions
regarding tractor parades.

FISCAL NOTE:  Estimated Effect on General Revenue Fund of a cost
of Unknown less than $100,000 to an income of $150,000 in FY
2010, a cost of Unknown less than $100,000 in FY 2011, and a cost
of Unknown less than $100,000 in FY 2012.  Estimated Cost on
Other State Funds of $158,000 in FY 2010, $263,074 in FY 2011,
and $526,148 in FY 2012.

PROPONENTS:  Supporters say that the bill will get abandoned
vehicles off of Missouri roadways faster, therefore, reducing
traffic hazards.

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

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