SB 52 Modifies various provisions relating to transportation and the regulation of motor vehicles
Sponsor: Stouffer
LR Number: 0163L.06C Fiscal Note: 0163-06
Committee: Transportation
Last Action: 5/18/2007 - H Calendar S Bills for Third Reading (Fiscal Review Reported Do Not Pass) Journal Page:
Title: HCS SCS SB 52 Calendar Position:
Effective Date: Varies
House Handler: St. Onge

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Current Bill Summary


HCS/SCS/SB 52 - 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 43.090). 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 43.050). The act revises the maximum fee for criminal history record information from $5 to $9 and allows the superintendent to increase the fee by an amount of $1 per year (maximum of $15). Under the act, any state agency or board may require the fingerprinting of applicants in specified occupations or appointments withing the agency or board for the purposes of identification and criminal history record information. The act further provides that the highway patrol shall conduct name or fingerprint background investigations of gubernatorial appointees. 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).

LOCAL CONTROL OF BILLBOARDS - Under this act, when a legally erected billboard exists on a parcel of property, a local zoning authority shall not adopt or enforce any ordinance, order, rule, regulation or practice that eliminates the ability of a property owner to build or develop property or erect an on-premise sign solely because a legally erected billboard exists on the property (section 226.527). This provision is contained in SCS/SB 129 (2007).

ANNUAL BID BOND - This act provides that the commission is authorized to accept an annual bid bond for its construction and maintenance projects. The commission shall prescribe the form and content of an annual bid bond. This portion of the act is similar to HB 596 and SCS/SB 52 (2007)(section 227.103).

DESIGN-BUILD BOND REQUIREMENTS - This act modifies the bid bond and performance bond requirements for certain design-build highway projects. The current statutory requirements may be modified by the commission for any design-build highway project contract which is designated by the commission as a "design-build-finance-maintain" project, and for which the contract with the design-builder exceeds 25 years. For such projects, the commission shall require the design-builder to provide such bonds in such terms, durations, and amounts as it may determine to be adequate for its protection and provided by a surety or sureties satisfactory to the commission. The act further delineates the terms and conditions of such bid and performance bonds (section 227.107).

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).

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 301.143).

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).

RV SHOWS - The act provides that an out-of-state show promoter of recreational vehicles may hold recreation vehicle shows within the state under certain conditions (minimum of 10 Missouri RV dealers and more than 50% of the participating 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 LICENSE FEES - This act waives the $7.50 three-year driver license fee for applicants 70 years of age or older (section 302.177).

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).

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).

CDL EXAMINATIONS - The act waives the $25 examination fee for written and driving CDL tests for applicants 70 years of age or older. 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:

(1) Governmental owned and operated utility vehicles for official use;

(2) Utility vehicles operated for agricultural purposes or industrial on-premise purposes between the official sunrise and sunset;

(3) Utility vehicles operated occasionally by handicapped persons for short distances only on the state secondary roads between the hours of sunrise and sunset;

(4) Utility vehicles which have been issued special permits by a city to be used on highways within the city limits by licensed drivers. The city may impose a $15 fee for such permit; and

(5) Utility vehicles which have been issued special permits by a county to be used on highways within the county limits by licensed drivers. The county may impose a $15 fee for the permit.

No person shall operate a utility vehicle:

(1) In a careless way so as to endanger the person or property of another;

(2) While under the influence of alcohol or a controlled substance; or

(3) Without a safety helmet unless 18 years of age or older.

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 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).

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).

EXEMPTION FROM STATE MOTOR VEHICLE SAFETY INSPECTION - This act exempts motor vehicle owners who are renewing their registration plates from undergoing a safety inspection provided the motor vehicle has less than 50,000 miles. In order to qualify for the exemption, the owner must submit to the director an affidavit, sworn to under the penalty of perjury, stating that the motor vehicle has fewer than one 70,000 miles. Motor vehicles with 70,000 or more miles will still be subject to the safety inspection program (since the exemption is not applicable to those vehicles). In addition, the act provides that safety inspections shall still be required for the initial registrations and titling of a vehicle. Since the motor vehicle safety inspection law is revised under the act, the emissions inspection exemptions contained in section 643l.315 are modified as well. Under the current law, a new motor vehicle is exempt from undergoing an emissions inspection for its first four years provided that its odometer reading is less than 40,000 at its first biennial safety inspection. Under this act, the 40,000 mile limitation has been removed so that new motor vehicles will be exempt from the emissions test for their first 4 years. Under the current law, motor vehicles driven less than 12,000 miles between biennial safety inspections are exempt from the emissions inspection. Under this act, motor vehicles driven less than 12,000 miles on a biennial basis shall be exempt from the emissions inspection (sections 301.020, 301.147, 307.357 and 643.315).

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).

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 RENTAL CHARGES - This act provides that additional charges (fuel surcharges, vehicle license fees, etc.) shall be clearly and conspicuously disclosed on the rental agreement. Any time a rental price is advertised, the maximum daily amount of each additional charge shall be quoted in addition to the daily rate (section 407.732).

NON-ALCOHOLIC SWABS - This act removes the requirement contained in section 577.029 that when blood is drawn for analysis of alcohol content, a non-alcoholic swab shall be used (section 577.029).

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

STEPHEN WITTE