SB 104 Modifies various provisions relating to regulation of motor vehicles
Sponsor: Stouffer
LR Number: 0317L.10C Fiscal Note: 0317-10
Committee: Transportation
Last Action: 4/17/2007 - Referred to Rules Committee pursuant to Rule 25(26)(f) Journal Page: H1175
Title: HCS SCS SB 104 Calendar Position:
Effective Date: August 28, 2007
House Handler: St. Onge

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Current Bill Summary


HCS/SCS/SB 104 - This act modifies various provisions relating to transportation and the regulation of motor vehicles.

HIGHWAY PATROL - This act updates several sections of law relating to the operations of the Highway Patrol that are contained in Chapter 43, RSMo. The Highway Patrol was under the direction and authority of the Highway Commission until the early 1940's. This act repeals several superannuated laws that no longer apply to the operations of the highway patrol due to modernization of state government, technology and other statutes and adopted procedures. The act removes the definition of the Highway Commission from Chapter 43, RSMo, since the commission no longer has oversight over the Highway Patrol (Section 43.010). The act removes the current statutory requirement for the superintendent of the highway patrol to reside within the city limits of Jefferson City (Section 43.030). The act removes the requirement that general headquarters be open at all times and the requirement that a telegraph be available (Section 43.0990). The act changes the requirement that the superintendent divide the state into troops instead of districts and removes the requirement that the Highway Patrol send an end of the year fiscal report to the governor and the Highway Commission (Section 43.120). The act removes the requirement that the superintendent, major, director of radio and budget personnel be bonded with the Highway Commission (Section 43.140). The act changes statutory direction to the highway patrol to deliver those arrested directly to the court, to "their designee," such as an appropriate jail or sheriff (Section 43.210). The act allows the superintendent to enter into an agreement with the Missouri Gaming Commission to enforce laws and conduct background investigations (section 43.030). The Highway Patrol provisions are also contained in SB 550 (2007).

SCHOOL BUS FUEL TAX EXEMPTION - Under this act, motor fuel sold to be used to operate school buses is exempt from the state motor fuel tax (Section 142.814).

MASS TRANSIT FUEL TAX EXEMPTION - Under this act, motor fuel used to operate public mass transportation service by a city transit authority, a city utilities board, or an interstate transportation authority, as such terms are defined in Section 94.600, RSMo, a city, or an agency receiving funding from either the Federal Transit Administration's urban or nonurban formula transit programs is exempt from the state's motor fuel tax. This provision is contained in SCS/SB 501 (2007)(section 142.817).

MOTOR FUEL TAX EXEMPTION RULES - The act requires the Department of Revenue to develop simplified rules for all motor fuel tax exemptions (Section 1).

HIGHWAY CONSTRUCTION SALES TAX EXEMPTION - The act exempts contractors from paying sales taxes on materials used in Department of Transportation projects (Section 144.062). This provision is contained in SB 199 (2007).

DWI MEMORIAL SIGN PROGRAM - Under this act, the Department of Transportation shall establish and administer a drunk driving victim memorial sign program. The signs shall be placed at or near the scene of the accident. The signs shall be attached to an existing highway sign, street light, or guard rail. The signs shall be placed upon the state highways in accordance with placement guidelines adopted by the department, and any applicable federal limitations or conditions on highway signage, including location and spacing. The department shall adopt, by rules and regulations, program guidelines for the application for and placement of signs authorized by this section, 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 (Section 227.295). The drunk driving memorial sign program is contained in SB 185 (2007). This provision is also contained in SS/SCS/SB 239 et al (2007).

DECLARATIONS - The act authorizes the Director of Revenue to administer oaths to individuals filing declarations, statements or other documents. A signed declaration shall be prima facie evidence that the individual signed the declaration. Any declaration, statement, or other document that is required to be signed under Chapter 301 and Chapter 306 shall be signed in accordance with this provision and regulations (Section 301.007). This provision is also contained in SS/SCS/SB 239 et al (2007).

LOCAL LOG TRUCK - This act modifies the definitions of the terms "local log truck" and "local log truck tractor" by expanding the area in which such vehicles can operate. Under current law, such vehicles are to be operated at a forested site and in area extending not more than a 50 mile radius from such site. The act increases the radius to 100 miles. A similar provision is contained in SB 349 (2007)(section 301.010). This provision is also contained in SS/SCS/SB 239 et al (2007).

SELF-PROPELLED SPRAYERS - This act exempts self-propelled sprayers that are used for spraying chemicals or spreading fertilizer from complying with titling, registration and license plate display laws. The exemption from titling, registration, and the display of license plates applies whether the described vehicles are laden or unladen (Section 301.029). This portion of the act is identical to SB 371 (2007). This provision is also contained in SS/SCS/SB 239 et al (2007).

COMMERCIAL INSERTS IN MOTOR VEHICLE REGISTRATION NOTICES - This act prohibits commercial inserts or other forms of advertising from accompanying motor vehicle registration notices. The act further prohibits the Department of Revenue from contracting with third parties to distribute the motor vehicle registration notices. This provision is similar to one contained in SB 190 (2007)(Section 301.040).

LICENSE PLATES - The act also makes several technical changes to provisions pertaining to manufacturer and dealer license plate letter and numbers. The current law contains erroneous references. The changes in Section 301.560.4 occur on the date when the director reissues new license plates or December 1, 2008, whichever occurs first (Sections 301.130, 301.144, and 301.560).

LICENSE PLATE COVERS - This act provides that license plates may be encased in transparent covers so long as the plates are plainly visible and their reflective qualities are not impaired.

This act is identical to SB 105 (2007) and SB 752 (2006)(section 301.130). This provision is also contained in SS/SCS/SB 239 et al (2007).

REISSUANCE OF LICENSE PLATES - The act also modifies the law regarding the reissuance of license plates. The current law provides that reissuance must occur beginning January 1, 2009. This act modifies the reissuance provision by granting the director more discretion when to begin reissuance so long as it occurs no later than January 1, 2009 (Section 301.130.9). This provision is also contained in SS/SCS/SB 239 et al (2007).

HANDICAPPED PARKING SIGNS - This act requires all new signs erected after August 28, 2007, relating to disabled parking to contain the words "Accessible Parking" instead of "Handicap Parking." This provision is contained in SB 464 (2007)(Section 301.147).

BIENNIAL REGISTRATION OPTION - This act also requires the director of the department of revenue to provide motor vehicle owners the option of biennially registering their vehicle regardless whether the vehicle is an even-numbered model year number or an odd-numbered model year vehicle (Section 301.147). A similar provision is contained in SB 479 (2007).

STOLEN LICENSE PLATE TABS - This act modifies the stolen license plate tabs procedure for obtaining free tabs from the Department of Revenue. Under current law, a person replacing stolen license plate tabs may receive two sets of two license plate tabs for free if the person submits a police report with the application. This act would modify the procedure by requiring any person replacing stolen license plate tabs issued prior to January 1, 2009, to submit a notarized affidavit to that effect. For persons replacing stolen license plate tabs issued on or after January 1, 2009, the person will have to submit a police report with his or her application. This portion of the act is contained in SS/SCS/SB 239 et al and SCS/SB 384 (Section 301.301). This provision of the act contains an emergency clause.

EMERGENCY VEHICLE DEALERS - The act also exempts dealers who sell only emergency vehicles from maintaining a bona fide place of business (including the related law enforcement certification requirements) and from meeting the minimum yearly sales. This portion of the act is similar to SB 91 (2007), SB 697 (2006) and SB 141 (2005)(section 301.550 and 301.560). These provisions are also contained in SS/SCS/SB 239 et al (2007).

DISTINCTIVE DEALER LICENSE NUMBERS - The act modifies the provision which sets forth the dealer license number designations, including the creation of recreational motor vehicle dealer license plate designations (RV-0_through RV -9999) for new and used recreational motor vehicle dealers (Section 301.560.4). The dealer designations shall take effect no later than December 1, 2008. This provision is also contained in SS/SCS/SB 239 et al (2007).

LIMITATION ON ISSUANCE OF DEALER PLATES - Under the act, the department shall issue to new motor vehicle manufacturers and other dealers 1 distinctive dealer plate and 2 additional number plates (Section 301.560.6). Under the act, new motor vehicle manufacturers shall not be issued or possess more than 347 additional number plates or certificates of number annually. New and used motor vehicle dealers, powersport dealers, wholesale motor vehicle dealers, boat dealers, and trailer dealers are limited to 1 additional plate or certificate of number per ten-unit qualified transactions annually. New and used recreational motor vehicle dealers are limited to two additional plates or certificate of number per ten-unit qualified transactions annually for their first fifty transactions and one additional plate or certificate of number per ten-unit qualified transactions thereafter. An applicant seeking the issuance of an initial license shall indicate on his or her initial application the applicant's proposed annual number of sales in order for the director to issue the appropriate number of additional plates or certificates of number. Wholesale and public auctions shall be issued a certificate of dealer registration in lieu of a dealer number plate (Section 301.560.6). This provision is also contained in SS/SCS/SB 239 et al (2007).

USED MOTOR VEHICLE DEALER EDUCATIONAL SEMINAR - The act exempts public auto auctions and applicants currently holding a new or used dealer's license for a separate dealership from showing proof of completing an educational seminar when applying for a used motor vehicle dealer's license. The act also specifically provides that current new motor vehicle franchise dealers and motor vehicle leasing agencies are not subject to the educational seminar requirements (Section 301.560.9). This provision is also contained in SS/SCS/SB 239 et al (2007).

RECREATIONAL VEHICLE SHOWS - This act provides that out-of-state recreational vehicle promoters may hold recreational vehicle shows within Missouri if certain conditions are met (has a minimum of 10 licensed Missouri RV dealers and more than 50% of the participating RV dealers are licensed in Missouri) (section 301.569).

RELEASE OF MOTOR VEHICLE LIENS - This act requires a lienholder to release a motor vehicle lien within 5 business days after the lien has been satisfied. The current law gives the lienholder 10 business days to release the lien. The act also requires the lienholder to notify the Department of Revenue within 5 business days if the certificate of ownership is in the department's possession. The act also increases the fines for noncompliance with the time deadlines. The act imposes a graduated liquidated damages scale with a maximum amount of $2,500 in damages that can be imposed for each lien not timely released. The current law provides for a maximum fine or penalty of $500 for each lien not timely released (section 301.640). This provision is similar to one contained in SS/SCS/SB 239 et al, SB 358 and SB 335 (2007).

DRIVER'S LICENSE SCHOOL REQUIREMENTS - Under this act, the director shall deny applications to persons 15 to 18 years of age who have failed to maintain certain educational eligibility standards developed by their local school districts (attendance, grades, and assessment scores)(section 302.063).

SCHOOL BUS DRIVERS - Under this act, the director of revenue shall not issue or renew a school bus endorsement to any applicant whose driving record shows that the applicant has been convicted of an intoxication-related traffic offense while operating a school bus. A person convicted of an intoxication-related offense while operating a school bus will have his or her school bus endorsement permanently denied by the court, beginning on the date of the court's order (Section 302.272). The act requires school bus drivers to notify the school district or the driver's employing contractor whenever the driver receives a citation for an intoxicated-related traffic offense. The notice of such citation shall be given prior to the driver resuming operation of a school bus. Failure to notify the school district or the employing contractor of the citation shall constitute a valid reason to discharge such person from the school district's or employing contractor's employ (Section 302.275). The act sets the fine for driving with a revoked license while operating a school bus at $1,000. The current law does not distinguish the offense by type of vehicle driven and the fine is up to $1,000 (Section 302.321). These provisions have an effective date of January 1, 2008. This portion of the act is similar to SB 24 (2007) and SB 584 (2006). This provision is also contained in SS/SCS/SB 239 et al (2007).

FAILURE TO STOP FOR SCHOOL BUSES - This act increases driver's license suspension periods for motorists who fail to stop for school buses that are loading or unloading children. Under the act, the suspension period for a first violation for failing to yield for a school bus is increased from 90 days to 120 days. A second or subsequent violation of the school bus stop provision will result in a 180 day suspension (increased from 120 days). This portion of the act is identical to SB 377 (2007)(Section 304.070). This provision is also contained in SS/SCS/SB 239 et al (2007).

IGNITION INTERLOCK - This act provides that no restricted driving privilege shall be issued until the person has completed the first 30 days of a suspension and has filed proof that his or her motor vehicle is equipped with an ignition interlock device. The device must be maintained for at least another six months following the first 30 days. Under the act, a court shall require any person found guilty or pleads guilty to an intoxication-related traffic offense to use an ignition interlock for at least the 12 months following the date of reinstatement (Sections 302.304, 302.309, 302.525, 577.600, 577.602, and 577.612).

RESTRICTED LICENSE PLATES - Under this act, any person whose driver's license has been suspended, revoked, or disqualified for a period of not less than 60 days shall immediately surrender his or her current license plates to the director of the Department of Revenue for destruction. The person shall be issued a set of restricted license plates that are different in color from regular plates which shall be displayed on the motor vehicle or motor vehicles registered solely or jointly in the person's name for the period of the suspension, revocation, denial, or disqualification. Under the act, law enforcement officers shall have probable cause to stop any vehicle displaying restricted license plates to determine whether the driver of such vehicle has a valid driver's license or a limited driving privilege. Under the act, a registered owner of a motor vehicle who has been issued restricted license plates may not sell the motor vehicle during the period the vehicle is required to display the plates unless the registered owner applies to the department of revenue for permission to transfer title to the motor vehicle. If the director is satisfied that the proposed sale is in good faith and for a valid consideration, and that the sale or transfer is not for the purpose of circumventing the provisions of the act, the director may certify its consent to the owner of motor vehicle. Any vehicle acquired by the applicant during the period of restriction shall display the restricted license plates (Section 302.305). This portion of the act is similar to SB 580 (2007). This provision is also contained in SS/SCS/SB 239 et al (2007).

EXPUNGEMENT OF RECORDS OF CDL HOLDERS - This act prohibits the expungement of a minor in possession (MIP) charge for holders of commercial driver's licenses or persons operating commercial motor vehicles at the time of the violation (Section 311.326). The act also provides that no records shall be expunged until three years after the date of suspension or revocation, if the person was holding a commercial driver's license at the time of the offense (Section 302.545). This provision is also contained in SS/SCS/SB 239 et al (2007).

FAILURE TO APPEAR - This act includes failure to appear by a commercial license holder or operator of a commercial motor vehicle as an commercial driver offense requiring indefinite suspension until compliance (Section 302.700 and 302.755). This provision is also contained in SS/SCS/SB 239 et al (2007).

CDL MILITARY EXEMPTION - This act provides that a military member while driving a vehicle for military purposes is exempt from possessing a CDL. Current law provides that the military member must be driving a military vehicle to qualify for the exemption (Section 302.775). This provision is also contained in SS/SCS/SB 239 et al (2007).

DRIVING WHILE OUT OF SERVICE - The act provides that any person convicted for the first time of driving while out of service shall be disqualified in the manner prescribed by federal regulations (Section 302.755). This provision is also contained in SS/SCS/SB 239 et al (2007).

LANGUAGE INTERPRETERS/CDL EXAMINATIONS - This act provides that the CDL written test shall only be administered in English and that applicants must have an English sufficiency level that allows them to read and speak English sufficiently to understand traffic signals, etc. Applicants are prohibited from using interpreters when testing (Section 302.720). This portion of the act is similar to one contained in SS/SCS/SB 239 et al and SB 627.

WAIVER OF CDL DRIVING SKILLS TEST FOR MILITARY MEMBERS - This act authorizes the Director of Revenue to waive the driving skills test for any qualified military applicant for a commercial driver license who is currently licensed at the time of application for a commercial driver license. Under the act, the director must impose conditions and limitations to restrict the applicants from whom the department may accept alternative requirements for the skills test. The act requires the applicant to certify that, during the two-year period immediately preceding application for a commercial driver license, that certain conditions apply. For example, the applicant must demonstrate that he has not had any license suspended, revoked or canceled. The applicant will still have to complete all applicable written tests. This provision is contained in SB 240 (2007) (section 302.720).

UTILITY VEHICLES - This act defines the term "utility vehicle" 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 1,900 pounds or less, travels on four or six wheels, and is used primarily for agricultural, landscaping, lawn care, or maintenance purposes. Under the act, a utility vehicle shall not be operated upon the highways of this state except under certain circumstances delineated in the act. No person shall operate a utility vehicle within any stream or river except by an operator who owns the property or has permission to be on the property on which the waterway flows through or when fording a low-water crossing. A person operating a utility vehicle on a highway shall have a valid operator's or chauffeur's license. The vehicle shall not be operated at a speed of more than 30 miles per hour on a highway. No operator of a utility vehicle shall carry a passenger, except for agricultural purposes, unless the seat of the utility vehicle is designed to carry more than one person. Utility vehicles are exempt from titling and registration. This portion of the act is substantially similar to SS/SCS/SB 239 et al, SB 347 and HB 397 (2007)(section 304.032).

DRIVEAWAY SADDLEMOUNT COMBINATIONS - This act increases the maximum length for driveaway saddlemount combinations from 75 feet to 97 feet when operated on the interstate highways. This act is identical to SB 51 (2007) and SB 909 (2006)(section 304.170). This provision is also contained in SS/SCS/SB 239 et al (2007).

IDLE REDUCTION TECHNOLOGY - This act provides that the maximum gross vehicle weight limit and axle weight limit for heavy-duty vehicles equipped with idle reduction technology may be increased (up to an additional 400 pounds) to account for the technology. This provision is contained in SB 102 (2007) and SB 969 (2006)(section 304.180).

COMMERCIAL VEHICLE OFFICERS - This act provides that commercial vehicle officers shall be declared to be peace officer and complete training that other peace officers undertake (Section 304.230).

AUTOMATED PHOTO RED LIGHT ENFORCEMENT SYSTEMS - This act provides that any person who commits a steady red light violation that is detected and enforced through an automated photo red light enforcement system is guilty of an infraction. The act further provides that a red light violation detected by an automated photo red light enforcement system shall not be deemed a moving violation. Violations detected by an automated photo red light enforcement system shall not be made part of the violator's operating record nor points shall be assessed against the violator's record. Under the act, insurance companies are prohibited from imposing surcharge points if a person commits a red light violation detected by an automated photo red light enforcement system. The act also provides that signal phase timings at intersections equipped with an automated photo red light enforcement system shall be certified by the department of transportation or other such appropriate agency before the photo enforcement devices may be activated for enforcement purposes. Any such timing shall be set by the department or other such appropriate agency and shall be consistent with traffic engineering standards. A private vendor shall not have the ability to control the signal phase timing connected with an automated photo red light enforcement system (Section 304.284). This provision is contained in SB 280 and HB 660 (2007).

DELINQUENT BOAT TITLE AND REGISTRATION PENALTIES - The act increases the penalties for delinquent boat titling. Under the current law, a person pays a $10 penalty fee for each 30 days of delinquency for failing to title a boat within 60 days of acquiring it or brining it into the state. This act increases the penalty fee to $25. The total penalty fee cannot exceed $200 (currently $30) (Section 306.535). The act also increases the penalty fee for a delinquent application for a vessel certificate of title and a delinquent vessel certificate of registration from $10 to $25 for each 30 days of delinquency. The penalty fee cannot exceed a total of $200 (up from $30)(section 306.015 and 306.016).

MOTORCYCLE HEADLAMP MODULATORS - This act allows a motorcycle headlamp to be wired or equipped to allow either its upper beam or its lower beam, but not both, to modulate from a higher intensity to a lower intensity at a rate of modulation of 200 to 280 cycles per minute. A headlamp modulator installed on a motorcycle with two headlamps shall be wired in a manner to prevent the headlamps from modulating at different rates or not in synchronization with each other. A headlamp modulator installed on a motorcycle shall meet the standards prescribed by federal law (Section 307.100). This provision is also contained in SB 614 (2007). This provision is also contained in SS/SCS/SB 239 et al (2007).

SCHOOL BUS EXEMPTION FROM CHILD PASSENGER RESTRAINT LAW - This act provides that the child passenger restraint law shall not apply to school buses transporting children four years of age or older regardless whether such buses are being used for educational, religious or other purposes. The current exemption only applies to school buses used for educational purposes. This portion of the act contains an emergency clause (section 307.179). This provision may also be found in SB 445 (2007). This provision is also contained in SS/SCS/SB 239 et al (2007).

INSPECTION STATIONS - This act requires motor vehicle safety and emissions stations to maintain liability insurance to cover possible vehicle damage claims (Sections 307.365 and 307.366).

VEHICLE PROTECTION PRODUCT ACT - This act would prohibit a person from selling or offering for sale a vehicle protection product in Missouri unless the seller, warrantor, and any administrator comply with the provisions of the proposed act. A vehicle protection product warrantor, a seller of a vehicle protection product, or a warranty administrator that complies with the act shall not be subject to any other provisions of the state insurance code. The proposed act would apply to all warranted products sold or offered for sale on or after January 1, 2008. This portion of the act has an effective date of January 1, 2008. This portion of the act is substantially similar to SB 297 (2007) and SB 1058 (2006)(Sections 385.400 to 385.436).

HOUSEHOLD GOOD MOVERS - This act allows common household goods common carriers to file applications to the State Highways and Transportation Commission for approval of rates to reflect increases and decreases in the carrier's costs. The filing of the applications shall be governed by similar rules that govern rate adjustments requested by electrical gas or water companies (Section 387.075). The act also repeals the exemption that currently allows intrastate household goods movers to operate wholly in municipalities, between contiguous municipalities, or commercial zones without having to obtain MoDOT operating authority. Currently, household movers are exempt from the rules and regulations of Chapter 390, RSMo, if their operations are restricted to those described areas. The repeal of this exemption will start January 1, 2008 (Section 390.030). The household good mover provisions are similar to the ones contained in SS/SCS/SB 239 et al, SB 45 and SB 39 (2007).

UNIFIED CARRIER REGISTRATION ACT - This act authorizes the State Highways and Transportation Commission to take the necessary steps to implement and administer a state plan to conform with the Unified Carrier Registration Act (UCR Act)of 2005. The federal UCR Act includes provisions to eliminate the Single State Registration System (SSRS) by January 2007 and replace it with the Unified Carrier Registration (UCR) Agreement (Sections 390.021 ). The act also repeals Section 390.071 (pertaining to the issuance of interstate motor carrier permits) and Section 622.095 (relating to the single state registration system). These provisions are also contained in SB 200 (2007).

MOTOR CARRIER TRANSPORTATION INDEMNITY PROVISIONS - This act makes indemnity agreements in motor carrier transportation contracts which purport to indemnify a party against loss from negligence or intentional acts void and unenforceable. Motor carrier transportation contracts shall not include Uniform Intermodal Interchange and Facilities Access Agreements (Section 390.372). This provision is contained in SCS/SB 45 & 39 (2007). This provision is also contained in SS/SCS/SB 239 et al (2007).

MOTOR VEHICLE FRANCHISE PRACTICES ACT - This act modifies the definition of the term "motor vehicle" contained in the Motor Vehicle Franchise Practices Act to include any engine, transmission, or rear axle, regardless of whether attached to a vehicle chassis, that is manufactured for the installation in any motor-driven vehicle with a gross vehicle weight rating of more than 16,000 pounds (Section 407.815). This provision is contained in SB 350 (2007).

ALCOHOL AND DRUG RECORDS - This act requires courts to forward alcohol- or drug-related driving offense dispositions to the Department of Revenue within seven days and requires the Department of Revenue to then forward the information to the Missouri State Highway Patrol within fifteen days. The proposal removes a conflict between Sections 302.225 and 577.051, RSMo, and reflects current practices. This provision is contained in SCS/SB 226 (2007).

RESIDENT ADDRESS - This act provides a definition for the term "resident address" for purposes of Chapter 302 (Section 302.010).

STEPHEN WITTE