|HB 0946||Makes changes to the Transportation Department, billboards, development districts and other transportation issues|
SS/SCS/HCS/HBs 946, 1106 & 952 - This act makes several modifications to various motor vehicle and transportation related provisions.
GRADE CROSSING SAFETY ACCOUNT - This act raises the railroad crossing safety fee from 25 cents to 50 cents. This fee is paid when a person registers or renews a motor vehicle registration (Section 389.612). Commercial motor vehicle owners are only required to pay the current 23 cent fee (SA 9).
REISSUANCE OF LICENSE PLATES - The act requires the Department of Revenue, beginning January 1, 2007, to issue new license plates. The Department of Revenue may charge a fee, up to $2.50 ($1.25 for vehicles only requiring a single plate), to cover the cost of reissuance. The act establishes an advisory committee within the Department of Revenue to design the new plates. The Advisory Committee for the Department of Revenue shall consist of the Director of Revenue, the Superintendent of the Highway Patrol, the Correctional Enterprises Administrator, and the two respective chairpersons of both the senate and house transportation committees. The committee shall hold at least three public meetings around the state and shall adopt its final design by April 1,2006 (Sections 301.129 and 301.130).
DISPOSAL OF PROPERTY BY STATE HIGHWAYS AND TRANSPORTATION COMMISSION - This act modifies the provision of law which authorizes the commission to convey land. The act adds additional language stating that the commission is authorized to exchange property for its approximate fair market value pursuant to any process determined by the commission (Section 227.290).
LEMON LAW - This act allows auto manufacturers, after settling with a consumer under the lemon law provisions, to apply to the Department of Revenue for reimbursement equal to any amounts refunded to a consumer for any sales tax, license fees, registration fees, and title fees paid by the consumer as a result of purchasing the vehicle. Manufacturers may, in lieu of applying to the department direct the consumer to apply for a refund. The department with satisfactory proof of payment must refund the taxes and fees. This provision is contained in HCS/HB 1105 et al (2004)(Section 407.567).
AIRBAG - Under this act, persons who install airbags that do not meet federal safety standards or install airbags that have been installed in another motor vehicle without disclosing such fact shall be guilty of a class D felony (SA 11)(Section 307.156).
TRANSFER NOTICE - This act establishes a transfer notice procedure when one person sells or transfers an interest in a motor vehicle to another person. Under the terms of the act, the transferor must notify the department of revenue within 10 days of transferring the motor vehicle. The department of revenue will determine the notice's form. Transfers to and from motor vehicle dealers are exempt from the provisions of this act. The notice required by this act does not constitute an assignment or release of any interest in the vehicle. Retail sales including sales of new vehicles made by license dealers shall be reported pursuant to the monthly sales report law. Once the department of revenue receives the transfer notice, it shall make a notation in its records that the motor vehicle has been transferred. Until a new title is issued for the transferred motor vehicle, whenever the department is asked to provide the name of the owner of the motor vehicle as show in its records, or when the law requires the department to provide the name of the owner that appears on the title, the department shall provide the owner's name on the title and indicate that the records show a notification of transfer but do not show a title transfer. The department shall also provide the name of the transferee if available. If the department does not receive a title application from the named transferee within 60 days of receiving the transfer notice, the department shall notify the transferee to apply for title. A person will be guilty of a Class C misdemeanor if he knowingly submits false information on the transfer notice (Sections 301.196-301.198). The act provides that sellers of motor vehicles who fail to provide transfer notice shall be guilty of an infraction. These provisions are similar to ones contained in SS/SCS/HCS/HB 600 (2003). These provisions will not go into effect until January 1, 2006 (SA 13).
FAILURE TO YIELD RIGHT OF WAY - This act imposes additional surcharges and driver's license suspensions on any person failing to yield the right-of-way when the violation results in physical injury, serious physical injury, or death to a person. In addition to the normal penalties, a person violating this act which results in physical injury will be assessed a surcharge $200 and may have his or her driver's license suspended for 30 days. If a serious physical injury results, a $500 surcharge will be imposed and a 90-day license suspension may be imposed. If the violation leads to a fatality, an additional $1,000 surcharge is assessed and a six month license suspension may be imposed. The additional surcharges are deposited in the motorcycle safety trust fund. This provision is identical to SB 1192 (2004), SB 259 (2003), SB 1077 and HB 1534 (2002)(Section 304.351). This portion of the act is known as Clutch's Law. The provision has an effective date of January 1, 2005.
IMPLEMENTS OF HUSBANDRY - This act deletes the current restriction which limits the width of implements of husbandry to 11 feet 6 inches (Section 304.170).
TRANSPORTATION DEVELOPMENT DISTRICTS - This act proposes to amend the current law regarding transportation development districts by: (1) providing a method to amend the boundaries of a transportation development district after formation, (2) enabling districts to incur indebtedness and pledge district revenues to the repayment of the indebtedness, (3) shortening the period of time required to complete a mail-in election and (4) making "clean-up" revisions throughout the current statutes.
The current law currently does not address the issue of whether a district may amend its boundaries after it has been formed. This act provides that, if a resolution is passed by the board of directors of a district, a petition may be filed with the circuit court of the county that entered the judgment creating the district to amend the boundaries. The petition may be filed by the board of directors of the district or, if no persons eligible to be registered voters reside within the proposed amended boundaries of the district, the owners of record of all of the real property within the proposed district boundaries. The contents of the petition and the procedure for amending the district boundaries is similar to the procedure used to form a district. The petition shall set forth the description of the proposed boundaries of the amended district and whether the current funding mechanism should be extended to the newly amended area within the district (Section 238.258).
This act also permits a district to incur indebtedness and pledge the revenues generated from the property or retail sales tax imposed by the district to the repayment of the indebtedness, provided the requirements of Article VI, Section 26 of the Missouri Constitution have been met (Section 238.242.7).
The act also shortens the time, from 14 weeks to 8 weeks, within which a mail-in election within a district could be accomplished. The act decreases the amount of time that a failed transportation development district measure may be resubmitted to the voters from two years to one year. The act also makes a variety of minor revisions in an effort to eliminate ambiguities, inconsistencies and omissions throughout the transportation development district statutes (Sections 238.207 through Sections 238.258).
Under this act, if a transportation development district is approved, the petitioners may be reimbursed for costs relating to preliminary engineering design, surveys, traffic studies, legal, and planning (Section 238.217). This act authorizes transportation development districts to enter into design-build project contracts (Section 238.252).
RECONSTRUCTED MOTOR VEHICLE TITLE - This act creates a procedure in which a person can obtain a reconstructed motor vehicle title for a vehicle, 40 years or older which has a value of $3,000 or less (Section 301.190).
ADDING ADJACENT PROPERTY TO TRANSPORTATION DEVELOPMENT DISTRICTS - This act allows owners of property adjacent to a transportation development district to petition the court by unanimous petition to add the adjacent property to the district. All property added to the district pursuant to this procedure shall be subject to all projects, taxes and special assessments. The adjacent property owners will be allowed to vote in the next election to fill board vacancies and any other issue relevant to the transportation development district (Section 238.208). This provision is identical to HB 1107 (2004).
OUTDOOR ADVERTISING - This act prohibits local zoning authorities from requiring billboards be removed as a condition of receiving a permit, license or other approval of another structure unless just compensation is paid for the billboard's removal (SA 2)(section 226.527).
HISTORIC MOTOR VEHICLE PERSONAL PROPERTY TAX - This act lowers the personal property tax assessment on historic motor vehicles from five percent to one-half of one percent (SA 4)(section 137.115).
RAILROAD CROSSINGS - Whenever an authority legally closes or vacates a road which has a railroad crossing, the Highways and Transportation Commission will issue an order authorizing removal of the crossing within 30 days (section 389.610).
FRAUD IN DRIVER'S LICENSE PROCESS - Under this act, a person who makes a false statement or affidavit to the Department of Revenue when obtaining a driver's license shall be guilty of a Class A misdemeanor. A person who commits or assists another individual in committing fraud during a driver's license examination or otherwise commits fraud in an application for a driver's license, instruction permit or commercial driver's license shall be guilty of a Class A misdemeanor (Sections 302.230 and 302.233). Persons who commit or assist others in committing fraud during driver's license examinations shall have los their driving privileges for a period of one year. These sections have an emergency clause.
EXEMPTION FROM EMISSIONS PROCESS - This act exempts vehicles manufactured 26 or more years prior to the current model year from the emissions process (Sections 307.366 and 643.315)
MODOT REPORT TO JOINT COMMITTEE ON TRANSPORTATION OVERSIGHT - This act requires that the report to the Joint Committee on Transportation include an inventory of the real property owned by the Department of Transportation under review for disposal and property necessary for future use. The report shall include a description of all real estate transactions by the department for the preceding fiscal year. This information will include the date of each transaction, the source of revenue used, and the allocation of any income produced by the real estate (Section 21.795).
ADMINISTRATIVE SERVICE FEES - Under this act, administrative service fees imposed to recoup expenditures made from the county general revenue fund to provide administrative services to the county park fund or the county road and bridge fund shall not exceed 5% of the total budget of the fund on which the fee is imposed. This limitation is only imposed on counties of the third classification (Section 50.515).
HIGHWAYS AND TRANSPORTATION COMMISSION - This act clarifies that members of the Missouri Highways and Transportation Commission will elect from among their members two person who shall serve as chair and vice chair of the Commission. This act clarifies that only the two most senior members of the commission are eligible for leadership positions. Effective March 1, 2005, the Commission shall select the two most senior members of the Commission to serve as chair and vice-chair of the Commission. At the end of a one-year period, the two members shall switch leadership positions and serve in the new positions for one year. Thereafter, the commission shall continue to use this rotating system for selecting its leadership.
The act also clarifies that if a leadership position becomes vacant due to death, resignation, removal or refusal of service before the one-year leadership term expires, the Commission shall elect one of its members to serve the remainder of the vacating member's term. Such an election shall not prohibit the member from later serving in a leadership position when such member's seniority qualifies that member for a leadership position. The act provides that any commission member reappointed shall on be eligible to serve as chair or vice chair during the final two years of the member's reappointment (Section 226.030). This provision is similar to the one contained in SB 955 (2004).
CHIEF COUNSEL - This act allows the Director of the Department of Transportation, with the consent of the highways and transportation commission, to select and fix the salary of the chief counsel for the department. Currently, the chief counsel is selected by the Highways and Transportation Commission. The chief counsel and assistant attorneys shall render legal opinions and advise the commission on any matter required by the commission (Section 226.060).
EMINENT DOMAIN BY HIGHWAY COMMISSION - This act requires that when the Highways and Transportation Commission acquires real estate through eminent domain the restriction or loss of access to any adjacent highway be considered when assessing damages. Restriction or loss of access includes the prohibition of making right or left turns into or out of the real estate involved, if access was present before the proposed improvement was built (Section 227.120). This section has an emergency clause. This provision was removed from the Senate Substitute version of the bill by Senate Amendment 5.
HIGHWAY NAME DESIGNATIONS - The act makes several highway name designations: (1) Names the portion of State Highway J in Lincoln County from the intersection of State Highway J and State Highway 47 to the intersection of State Highway J and State Highway U as the "Veterans Highway"; (2) Names the portion of U. S. Highway 67 in St. Francois County between State Route 8 in Desloge and State Route 32 in Leadington as the "Deputy Steven R. Ziegler Memorial Highway"; (3) Names the portion of U. S. Highway 71 from Iris Road to State Highway 86 in Newton County as the "James W. Minton, Jr. Memorial Highway"; (4) Names the portion of U. S. Highway 249 bypass in Jasper County from Newman Road to U. S. Highway 171 as the "Earl Carr Memorial Highway"; (5) Names the portion of State Route 364 in St. Louis County from Interstate 270 to the crossing of the Missouri River, known as the Veterans' Memorial Bridge as the "Buzz Westfall Memorial Highway"; (6) Names the portion of Interstate 70 between mile marker 69 in Saline County east to mile marker 123 in Boone County as the "U. S. Submarine Veterans' Memorial Highway"; and (7) Names the portion of State Route 51 in Perry County from Interstate 55 to U. S. Highway 61 as the "Thomas G. Tucker, Jr. Memorial Highway"; (8) designates a bridge located on Missouri Route 30 within Franklin County as the "Brown-Stinson Memorial Bridge"; (9) renames the Mark McGwire Highway the St. Louis Cardinals Highway (section 227.303); (10) Establishes the Grand Army of the Republic Veterans' Memorial Highway on the portion of Interstate 44 from the intersection of Highway 100 at the city of Gray Summit west to the Franklin/Crawford County line; (11) Designates the portion of State Route H in Clay County from the intersection of State Route H and Richfield Road north to the intersection of State Route H and State Route B as the "Richard L. Harriman Highway"; 12) Names a portion of U. S. Highway 63 in Phelps County as the "Korean War Veterans Association Memorial Highway"; 13) Designates a portion of U.S. 412 as the "Governor John M. Dalton Memorial Highway" (SA 6); and 14) names a portion of U.S. Highway 65 in Mercer County as the "Robert Taylor Kelly Memorial Highway" (SA 16).
DISINCORPORATION OF ROAD DISTRICTS - Any county wanting to disincorporate a road district must present a petition to the county commission or similar authority. The petition must be signed by the lesser of 50 or a majority of the registered voters residing in the district, state the name of the district, and request the disincorporation of the district. The county commission, after providing notice and a hearing, may disincorporate the road district (Section 233.166).
TRAFFIC SIGNAL PREEMPTION SYSTEMS - This act regulates the use of "Traffic Signal Preemption Systems" (TSPS). These devices are used to control traffic signals at intersections. Under the act, these devices may be used by:
(1) Emergency vehicle operators during an emergency;
(2) Authorized bus operators to maintain a longer green light; and
(3) An authorized operator in a traffic signal maintenance vehicle in order to facilitate traffic signal maintenance activities.
An unauthorized person using such a device shall be guilty of a Class B misdemeanor. This act is similar to SB 1146 (2004)(SA 7)(Section 304.031). This act provides that no motor vehicle driver shall be convicted of any traffic violation if there is evidence that a TSPS has been used by a government official to improperly change the sequence of the traffic signals (SA 8). This provision is contained in the truly agreed to version of SB 1233.
LOCAL LOG TRUCK TRACTORS - The act defines the term "local log truck tractor" and establishes the maximum axle weight on local log trucks of 22,400 pounds on one axle or 44,800 pounds on any tandem axle that does not have more than three axles and does not pull a trailer which has more than two axles (Section 301.010).
COMMERCIAL ZONE - The act extends the Kansas City commercial zone south along U. S. Highway 71 and State Route 291 to and including the City of Harrisonville (Section 304.190).
WORK ZONES - This act modifies the penalties for moving violations that occur within a construction or work zone. Under this act, a person convicted of moving violation within a construction or work zone a second or subsequent time shall be fined $100. Any repeat offenders who speed or pass within a construction or work zone shall be fined $300.
PRIMARY SEATBELT ENFORCEMENT - This act permits a law enforcement officer to enforce the seat belt law if the violation is clearly visible to the officer without stopping the vehicle. The act provides noncompliance with the seat belt law shall not constitute probable cause for a search of the driver, passenger, or vehicle. The act also increases the seat belt fine from $10 to $15 (Section 307.178).
REVERSAL OF BURDEN OF PROOF - This act reverses the burden of proof in proceedings involving Chapter 622 (Motor Carrier and Railroad Safety). Under the current law, the burden of proof is on the party attempting to set aside the commission's determination or order. Under this act, the burden of proof will be on the commission and the commission must show that its decision or order is reasonable or lawful (Section 622.350).
BICYCLE SAFETY - This act provides for various measures relating to bicycle safety and the duties owed to bicyclists by motorists. The bicycle safety provisions have an effective date of January 1, 2005. This act prohibits blocking or obstructing a designated bicycle lane with a parked or standing motor vehicle. The act establishes standards for motorists crossing bicycle lanes. The act defines a designated bicycle lane as a portion of the roadway or highway which has been designated by the governing body having jurisdiction over the roadway by striping, signing and pavement markings for the preferential or exclusive use of bicycles. (Section 300.330). This act requires drivers of vehicles, human powered vehicles, or motorcycles to exercise the highest degree of care to avoid colliding with motorists, pedestrians, bicyclists, and motorcyclists (Section 300.410- Model Traffic Ordinance, Sections 304.677 and 537.038). This act requires motorists to pass bicyclists with the highest degree of care by leaving a safe distance between the motor vehicle and the bicycle (Section 300.411-Model Traffic Ordinance and Section 304.678). This act allows counties and municipalities to establish a maximum speed limit within school zones of not less than 20 miles per hour. The counties and municipalities may establish a speed limit lower than 20 mph if it finds that a lower limit is needed to promote public safety. This act allows the county or municipality to double the fines for traffic violations that occur within a school zone (Section 304.675). This act modifies the definition of bicycle to include vehicles propelled by human power having two parallel wheels and one forward or rear wheel, all of which are more than 14" in diameter (Section 307.180). This act provides that the riding of bicycles on shoulders shall be permitted unless local ordinances, federal regulations or State Highways and Transportation Commission regulations provide otherwise. If shoulder travel is prohibited, it shall be clearly designated by sign. On all other streets and highways where bicycle travel on shoulders is permitted, bicycle travel on the roadway in accordance with Section 307.190 shall not be restricted. (Section 307.191). This act provides that recklessly causing the death of a person with a vehicle is first degree involuntary manslaughter. The act also provides that operating a vehicle in manner that violates federal, state or local law and causes the death of another person is second degree involuntary manslaughter (Section 565.024). This act provides that recklessly causing serious physical injury to another person with a vehicle is 2nd degree assault. (Section 565.060). The act also provides that if a person operates a vehicle and causes physical injury to another person, then the person is guilty of 3rd degree assault (Section 565.070) (SA 14).
STREET RODS AND CUSTOM VEHICLE REGISTRATION - This act establishes new registration procedures for street rods and custom vehicles. The act defines "street rod" and "custom vehicle". The annual fee for these vehicles shall equal the fee charged for a personalized license plate ($15) plus regular registration fees. Owners of these types of vehicles must certify at the time of registration that the vehicles will be maintained for occasional transportation, exhibits, club activities, parades, tours, and similar uses and will not be used for general daily transportation. These vehicles are exempt from vehicle inspections and emission tests. License plates for these categories of vehicles shall bear the words "STREET ROD" or "CUSTOM VEHICLE". A street rod or custom vehicle may use blue dot tail lights for stop lamps, rear turning indicator lamps, rear hazard lamps, and rear reflectors. A "blue dot tail light" is a red lamp installed in the rear of the motor vehicle which contains a blue or purple insert that is not more than one inch in diameter. These provisions are similar to HB 598, SB 570 and HB 283(2003)(Section 301.132)(SA 15).
AMBULANCE SERVICES - The requirements to be a candidate for
Ambulance District Director are revised (Section 190.050).
Procedures for changes in the number of directors in a
district and the recall of directors are created (Sections
190.051 to 190.054). Any person or entity that owns an
automated external defibrillator used outside of a health care
facility must have a physician review all protocols (Section
190.092). Current law requiring the presence of a mobile
emergency medical technician when transporting a patient is
deleted (Section 190.094). Membership on the State Advisory
Council on Emergency Medical Services is increased to sixteen,
with one member from St. Louis city (Section 190.101). With
certain exceptions, each ground ambulance must be staffed by
two licensed emergency medical technicians. Owners of a
ground or air ambulance service must notify the Department of
Health and Senior Services within 30 days of the sale of the
service and the Department shall conduct an inspection of the
service to ensure compliance with licensure standards
(Sections 190.105 and 190.108). Application requirements for
an ambulance license are revised (Sections 190.109 and
190.120). Ambulance service providers must show proof of
insurance or of financial responsibility with adequate
reserves (Section 190.120). The Department must accredit or
certify training for emergency medical technicians-
intermediate (Section 190.131). Emergency medical response
agencies in certain counties may be licensed to provide
advanced life support services with services of EMT-Is
(Section 190.133). This amendment removes the provision
regarding patients transported in vehicles other than
ambulances (Section 190.142). Provided the person meets other
current requirements for a temporary license, a person not
currently licensed as an emergency medical technician in
Missouri may be issued a 90-day temporary license (Section
190.143). Licensees with lapsed licenses may request a return
to active status within two years of the lapse (Section
190.146). Additional compliance for licensure renewal and
additional causes for discipline of an ambulance license are
created. Any individual whose license has been revoked twice
in ten years shall not be eligible for a new license (Sections
190.160, 190.165, and 190.171). Any settlement agreement in a
contested case against a licensee must be submitted to the
administrative hearing commission for its approval. Any
person directly harmed by the actions of a licensee may submit
an impact statement to the Commission (Section 190.172). A
patient care document must be given to ambulance personnel by
a health care facility for any transfer of the patient to a
different facility (Section 190.175). Additional requirements
for the promulgation of departmental rules are created
(Section 190.185). Requirements regarding the reporting of
certain felonies by licensees to the Department are created
(Section 190.196). Provisions regarding the use of
epinephrine auto-injectors are created (Section 190.246). Any
investigation into the violation of emergency services
regulations must be completed within six months with full
departmental access to records (Section 190.248). This
section adds provisions regarding ambulance services and
hospital liens (Section 190.250). The amendment creates
procedures for the issuance and discipline of a new license
category for stretcher van services to transport persons in a
supine position who do not require medical monitoring or
treatment other than self-administered oxygen (Sections
190.525 to 190.537). Any person who violates the provisions
of Sections 190.525 to 190.527 shall be guilty of a Class B
misdemeanor (Section 190.534). Should an emergency health
care worker be exposed to a potentially infectious disease,
the person to whom the worker was exposed is deemed to consent
to testing for such disease. Notification procedures are
outlined. The employer must pay testing costs (Sections
191.630 and 191.631). This amendment revises the
qualifications of candidates for fire protection district
directors in third and fourth class counties. A candidate
must reside in the district for two years before the election
or appointment. Currently, the candidate must reside in the
county in which the district is located for two years. A
candidate for director in a newly formed district must reside
in the district for one year before the election or
appointment (Sections 321.130 and 321.180). The Department of
Revenue will collect and distribute the revenue from the
district sales tax monthly at the cost of one percent the
total revenue collected. After collecting and distributing
the sales tax, the board of the ambulance or fire protection
district will determine its budget for the year and determine
the amount of property tax necessary to fund the district.
The district may then reduce the tax rate by an amount which
reduces the property tax revenue by an amount equal to fifty
percent of the previous fiscal year's sales tax receipts.
When the governing body of the ambulance or fire protection
district receives a petition signed by at least twenty percent
of the qualified voters that voted in the last gubernatorial
election, calling for an election to repeal the sales tax, the
governing body will submit the question to the voters
(Sections 321.554 through 321.556). Section 190.044, RSMo, is
repealed. This section relieved a taxpayer of the obligation
to pay property taxes for ground ambulance service to both an
ambulance district and a fire protection district unless
certain conditions were met. Senate Amendment 1 made a
technical change to these provisions.