CCS/SS/SCS/HB 327 - This act enacts various measures relating to transportation issues.

SALES TAX EXEMPTION ON STATE TRANSPORTATION PROJECTS - This act exempts contractors from paying sales taxes on materials used in Department of Transportation projects. This portion of the act does not go into effect until July 1, 2005. This portion of the act is similar to SB 501 (2003).

EMINENT DOMAIN COMPENSATION - This act requires that when the Highways and Transportation Commission takes property by eminent domain, the loss of access to a highway must be taken into consideration when determining damages. The portion of the act contains an emergency clause. This provision is similar to HB 327 (2003)(Section 227.120).

MISSOURI EMERGENCY RESPONSE COMMISSION - This act makes the Director of the Department of Transportation a member of the Missouri Emergency Response Commission in lieu of the Director of the Department of Economic Development (Section 292.602).

TRUCKS IN LEFT-HAND LANE - This act prohibits trucks (in excess of 48,000 pounds) from being driven in the far left-hand lane on interstate highways, freeways or expressway in the urban areas of this state. This prohibition shall not apply in certain circumstances. This act is similar to SB 384 (Section 304.015).

COMMERCIAL MOTOR CARRIER (COMPLIANCE WITH FEDERAL REGULATIONS) - This act adds the federal definition of "gross combination weight rating" and "gross vehicle weight rating" to Section 302.700. This act also modifies two provisions of Missouri law pertaining to hazardous materials carriers to make them consistent with Federal Motor Carrier Safety Administration regulations. This portion of the act is similar to SB 432(2003).

This act contains several provisions which are contained in HCS/HB 702. Under this act, courts must forward to the Department of Revenue, within seven days, a record of any guilty conviction involving a moving traffic violation. The Director of the Department of Revenue will be required to enter any conviction information into the appropriate computer systems and transmit the conviction information as required by federal requirements (Section 302.225).

Commercial driver's license holders will not be allowed limited driving privileges for the purpose of operating a commercial motor vehicle if their driving privileges are suspended, revoked, canceled, denied, or disqualified (Section 302.309).

This act modifies the definition of serious traffic violation to include: (1) Driving a commercial motor vehicle without a commercial driver's license; (2) Driving a commercial vehicle without a commercial driver's license in possession; and (3) Driving a commercial vehicle without the proper commercial driver's license class or endorsement (Section 302.700).

Applicants for a commercial driver's license must disclose the names of all states which have issued them a commercial driver's license during the previous 10-year period; (2) The Department Director is required before the initial issuance of a commercial driver's license and for the first renewal to obtain driving record information from any state licensing system in which the person has been issued a license; and (3) A commercial driver's license driving record must contain a complete history of the driver, including information and convictions from previous states of licensure.

Under this act, the Director of the Department of Revenue is required to adopt the federal requirements for record keeping (Section 3).

Under this act, no federal, state, county, municipal, or local court can defer imposition of judgment, suspend imposition of sentence, or allow an individual who possesses or is required to possess a commercial driver's license to enter into a diversion program that will prevent a conviction for any violation of any traffic law from appearing on the driver's record maintained by the Department Director (Section 2).

Under this act, the Department Director is required to disqualify any driver the U. S. Secretary of Transportation has determined to constitute an imminent hazard (Section 302.755). Under this act, a person will be disqualified from operating a commercial motor vehicle for a period of not less than one year if convicted of a first violation of: (1) Driving any motor vehicle under the influence of alcohol or a controlled substance; (2) Driving a commercial motor vehicle which causes a fatality due to negligent operation of the vehicle; (3) Leaving the scene of an accident involving any type of vehicle; or (4) Using any type of vehicle in the commission of a felony (Section 302.755).

Under this act, any driver who violates an out-of-service order is subject to a civil penalty not to exceed an amount as determined by the U. S. Secretary of Transportation (Section 302.756).

Under this act, persons operating emergency or fire equipment during the execution of official department or agency business are exempt from the commercial driver's licensing provisions (Section 302.775).

Under this act, any individual who operates a school bus must meet the requirements for and be issued a school bus endorsement as required by the U. S. Secretary of Transportation (Section 1).

LOW-SPEED VEHICLES - This act allows operators of low-speed vehicles to use public highways under certain conditions. A low- speed vehicle is a four-wheeled vehicle whose top speed is greater than 20 mph but less than 25 mph and is manufactured in compliance with the National Highway Traffic Safety Administration standards. A low-speed vehicle shall not be operated on a street or highway with a posted speed limit greater than 35 mph. A low-speed vehicle shall be exempt from inspection and emission testing, but must comply with the federal standards. Every operator of a low-speed vehicle shall maintain financial responsibility as required under Chapter 303, RSMo. Every operator of a low-speed vehicle must have a driver's license. City and counties may promulgate ordinances which are more stringent than this act. These provisions are contained in SB 594 (2003)(Section 304.029).

TOWING PROVISIONS - This act repeals a doubly-enacted section regarding the towing of motor vehicles from private property. This provision is identical to SB 314 (2003)(Section 304.157). This act also provides that tow trucks shall be considered an emergency vehicle after arriving at the scene of an accident (Section 304.021).

PERSISTENT AND PRIOR OFFENDERS - This act makes it clear that drivers charged with alcohol-related offenses will be ineligible for a suspended imposition of sentence whether the drivers are in municipal court or state court (Section 577.023).

TOTAL TRANSPORTATION DISTRICTS - Under this act, property separated by easements or rights-of-way shall be considered contiguous for transportation development district purposes.

Under the act, districts formed by property owners need not contain contiguous properties if:

1. The petition provides that the sole funding method is a sales tax;

2. A court finds that all the property within the proposed district will benefit district projects;

3. Each parcel within the district is within 5 miles of every other parcel.

This act provides an alternative method for forming a transportation development district. The act allows two or more local transportation authorities which have adopted a resolution calling for the joint establishment of a district to form a transportation development district. The proposed district area shall be contiguous and may contain all or any portion of a county or city. The act outlines the requirements of the petition.

The act allows the alternatively formed development district to impose a sales tax contingent upon voter approval. The act also provides that the district may impose a funding mechanism other than a sales tax if approved by the voters within the district. The act sets forth the requirements of who may sit on the Board of Directors of the alternatively formed district. The provisions relating to transportation development districts are similar to those found in SB 230 (2003).

POINTS FOR YOUNGER DRIVERS - Under this act, a person under of the age of 18 who is convicted of exceeding the posted speed limit by 20 mph or more will have his or her license assessed 8 points for the first conviction and 12 points for the second or subsequent conviction (Section 302.302).

SCHOOL BUS PERMITS - Under this act, applicants for school bus permits must submit two sets of fingerprints (beginning January 1, 2004). One set of fingerprints shall be used by the Highway Patrol in order to search the criminal history repository and the other set shall be forwarded to the FBI for searching the federal criminal history files. The applicant shall pay the appropriate fees for such searches. The act removes the Department of Social Services from the school bus permit process (Section 302.272).

RAILROAD CROSSINGS - Under this act, whenever an authority legally closes or vacates a road which has a railroad crossing, the highways and transportation commission shall issue an order authorizing removal of the crossing within 30 days. (Section 389.610).

COMMERCIAL MOTOR VEHICLES AT RAILROAD CROSSINGS - This act also requires operators of commercial motor vehicles, other than those required to stop by law, to approach a railroad grade crossing at a rate of speed which will permit the vehicle to stop before reaching the nearest rail of a crossing and not drive upon or over a crossing until due caution has been taken to ascertain that the course is clear (Section 304.035). This provision is being enacted to comply with federal regulations (49 CFR Parts 383 and 384). This portion of the act is similar to HCS/HB 435 (2003).

TOURIST DIRECTIONAL AND TRAVEL SIGNS - This act allows regionally accredited post-secondary educational facilities to be eligible for tourist directional and travel information signs (Section 226.525 and 226.535). This provision is identical to the one contained in SB 661 (2003).

WORK ZONE SIGNS - This act provides that work zone warning signs shall not be visible during any period in which no workers are present any period of four hours or more. The current law provides that no warning sign shall be visible if there are no workers present any period of two hours or more (Section 304.580).

SATOP PROGRAM - This act modifies various provisions relating to the Substance Abuse Traffic Offender Program. The act requires that some of the moneys deposited in the Health Initiatives Fund be used for the administration of the SATOP program. This act requires that enrollees in the SATOP program pay a supplemental fee in addition to a required fee. The amount of the supplemental fee will be determined by the Department. Under the current law, the supplemental fee is $60. Interest shall be charged on any unpaid balance on any supplemental fee. Under this act, any administrator of a SATOP program who fails to remit supplemental fees and interest on any unpaid supplemental fee balance to the Division of Alcohol and Drug Abuse will be subject to a penalty or legal action by the Attorney General. This portion of the act has an emergency clause. This act is similar to SCS/HCS/HB 410 and SB 410 (2003) (Sections 191.831, 302.304, 302.540, 577.041, 577.049, 577.520, and Section B - the emergency clause).

ANIMAL-DRIVEN VEHICLES - This act allows persons operating animal-driven vehicles during the dark to use lamps or lanterns which comply with rules promulgated by the Department of Public Safety. The act also allows persons operating an animal-drawn vehicle to equip their vehicle with reflective material complying with rules promulgated by the Department of Public Safety rather than displaying the slow-moving triangle emblem (Sections 307.125 and 307.127).

TRAFFIC VIOLATIONS - This act allows cities or any county of the first classification with a charter form of government to pass ordinances to include outstanding vehicle-related fees and fines on personal property tax bill. A personal property tax bill shall not be considered paid unless the vehicle-related fees and fines are also paid in full. The collector of revenue or treasurer ex officio collector of the city or county shall remit to the appropriate political subdivision all fees and fines, including traffic and parking violations collected less two percent for administrative costs. The act also allows any city or county which levies personal property taxes to establish an intergovernmental revenue collection agreement with other cities and counties to facilitate the collection of delinquent vehicle- related fees (Section 137.298).

SUSPENSION OF MOTOR VEHICLE REGISTRATION FOR UNPAID VEHICLE- RELATED FEES IN THE CITY OF ST. LOUIS - Under this act, beginning July 1, 2005, the director of revenue is required to deny an application for a motor vehicle if the owner of the motor vehicle owes vehicle-related fees or fines to St. Louis City. The city may notify the owner of the motor vehicle that fines have not been paid and if not paid in full within 30 days, the Department of Revenue will be authorized to suspend the motorist's vehicle registration. The act provides for notification and an appeals process to contest the fines and fees (Section 301.026, RSMo). These provisions are similar to those contained in SB 1196 and HB 2027 (2002).

DRIVEAWAY OPERATIONS - This act modifies the definition of "driveaway operation", to include the transporting of vehicles in transit from one place to another by driveaway or towaway methods. This act provides that driveaway license plates may only be used for the purpose of transporting vehicles in transit. Driveaway license plates may not be used by tow truck operators transporting wrecked, abandoned, improperly parked or burned vehicles. The act also extends the area for certain land improvement contractors' commercial motor vehicles from 25 miles to 50 miles (Sections 301.010, 301.069, and 390.020). These provisions are similar to ones contained in SB 117 (2003).

MEMORIAL HIGHWAY - This amendment establishes the "Corporal Bobbie J. Harper Memorial Highway" on U.S. Highway 71 within McDonald County. This portion of the act is identical to SB 598 (2003) and is contained in the Truly Agreed To version of HB 598 (2003).

INSTALLATION OF AIR BAGS - This amendment makes installing an airbag that does not comply with federal standards or installing an airbag which has previously been installed in another motor vehicle without disclosing such fact a Class D felony (Section 307.156)

ATV PASSENGERS - This amendment modifies the definition of ATVs and allows passengers to ride on ATVs if the seat of such vehicles are designed to carry more than one person. The ATV definition is modified by increasing the unladen dry weight of an ATV from 600 pounds to 1,000 pounds and by providing that an ATV may be a vehicle with a seat designed to carry more than one person. This provision is also contained in the Truly Agreed To version of HB 598 (2003).
STEPHEN WITTE