Missouri Senate

Senate Committee Substitute

BREAST CANCER AWARENESS SPECIAL LICENSE PLATE - Under current law, to obtain a Breast Cancer Awareness special license plate, a person must pay a $25 emblem-use authorization fee to the Friends of the Missouri Women's Council and submit to the director of the Department of Revenue an application along with an emblem-use authorization statement issued by the council. This act requires the emblem-use authorization fee to be paid to the newly established Breast Cancer Awareness Fund. The act further replaces the words "MISSOURI WOMEN'S COUNCIL" with "BREAST CANCER AWARENESS" on the special license plate (Section 301.3084).

USE OF PUBLIC STREETS - This act requires a municipality to allow at least one street, with lawful traffic movement and access from both directions, to be used by commercial vehicles to access any roads in the state highway system (section 304.120). The act also prohibits any civil action for a public or private nuisance on the basis of an individual or business entity legally using a vehicle on a public street or highway (Section 537.293).

REGULATION OF HOUSEHOLD GOODS MOVERS - This act modifies provisions relating to the regulation of household goods movers. These provisions are similar to the ones contained in SB 58 (2011).

Under the terms of this act, household goods movers will no longer have to file their schedule of rates, fares and charges with the state highways and transportation commission. A household goods mover must maintain and publish its schedules of rates, fares, rules, and charges in its stations and offices. Such rates shall be available for inspection by the commission, shippers, and the public (Sections 387.040 and 387.050).

This act prohibits household goods movers from participating in joint tariffs. The act allows joint tariffs relating to the transportation of household goods over through routes or in interline service involving two or more separate motor carriers. Carriers of household goods participating in through routes or interline service shall publish joint tariffs or individual tariffs for each participating carrier (no longer have to file joint tariffs with the commission). In addition, household goods movers will no longer be required to file sworn copies of every contract with other motor carriers with the commission (Sections 387.080 and 390.116).

Under current law, household goods carriers are prohibited from using schedules of rates that divide the state into territorial rate areas. This act removes this restriction (Section 387.110).

Under the terms of this act, the commission no longer has the authority to fix rates with reference to the transportation of household goods. Rates published by household goods movers are presumed to prima facie lawful (Section 387.207)

Under this act, all rate orders issued by the commission affecting the transportation of household goods, to the extent such rate orders prescribe any minimum or maximum rates for the transportation of such goods, shall be vacated. Other provisions contained in the rate orders unrelated to prescribing maximum or minimum rates shall not be vacated (Section 387.355).

The act eliminates the requirement that household goods or non charter passenger carriers demonstrate that their proposed service will serve a useful present or future public purpose when applying for a certificate of authority or permit. Concomitantly, applicants for household goods or passenger certificates or permits will not have to satisfy the public convenience and necessity test when proposing a new service, an extension of existing service, or a transfer of authority. An applicant for a household goods or passenger certificate of authority or permit will have to show that they are fit, willing, and able to perform the service, and that they will conform to other standards established by law.

Under this act, the commission shall not restrict any certificate or permit authorizing the transportation of household goods or passengers with reference to any route or routes (Sections 390.051 and 390.061).

Under this act, any geographic restriction or provision limiting a household goods carrier's scope of authority to particular routes within this state contained in a certificate or permit, or both, which was issued prior to August 28, 2011, and any similar provision contained in a carrier's tariff schedule filed prior to such date, shall be deemed void. In lieu of the geographic restrictions expressed in such certificates, permits, or tariff schedules, a motor carrier shall be authorized to provide intrastate transportation of household goods between all points and destinations within the state until such time the certificates, permits, and tariff schedules are reissued or amended to reflect the motor carrier's statewide operating authority (Section 390.280).

The act further provides that nothing contained in the provisions of sections 390.051 to 390.116 shall be construed to exempt or to alter the obligation of compliance by carriers transporting passengers point-to-point within the jurisdiction described in 67.1802 from the provisions of sections 67.1800 to 67.1822 (REGIONAL TAXICAB DISTRICTS (ST. LOUIS))(Section 390.280).

Beginning August 28, 2011, no certificate of authority or permit shall be issued or renewed unless the applicant demonstrates that the applicant has workers' compensation insurance coverage that complies with Missouri law for all its employees. If any household goods carrier is found by the division of workers' compensation to be out of compliance with the workers' compensation law, the division shall report such fact to the state Highways and Transportation Commission. The commission shall suspend the household goods carrier's certificate or permit until such time the carrier demonstrates that it has procured workers' compensation insurance coverage (Section 390.054).

This act requires the commission to establish consumer protection requirements for motor carriers transporting household goods in intrastate commerce (Section 387.137 ).

This act requires the Division of Motor Carriers to develop a complaint process. The complaint process shall keep a record for each complaint and shall record findings made at each step of the complaint process, provide an explanation for a complaint dismissal, and provide other information (Section 387.139).

NATIONAL WILD TURKEY FEDERATION SPECIAL LICENSE PLATE - This act allows for a special license plate for a member of the National Wild Turkey Federation. To obtain the plate, a person must submit an application to the director accompanied by an emblem-use authorization statement along with an additional $15 fee. Any person who was previously issued a federation plate and who does not provide an emblem-use authorization statement at a subsequent time of registration will be issued a new plate which does not bear the federation's emblem (Section 301.4036).

NRA SPECIALIZED LICENSE PLATES - This act allows any member of the National Rifle Association to obtain a specialized license plate bearing the organization's official emblem after paying a $25 emblem-use fee to the NRA, a specialized plate of $15 to the department of revenue, and the payment of regular registration fees (Section 1).

CONCEALED CARRY ENDORSEMENT - Under the terms of this act, a nondriver's license containing a concealed carry endorsement shall expire 3 years from the date the certificate of qualification was issued. The fee for nondriver's licenses issued for a period exceeding three years is $6 or $3 for nondriver' s licenses issued for a period of 3 years or less (Sections 302.181 and 571.101).

INTOXICATION-RELATED TRAFFIC OFFENSES - Current state law (Section 302.309.3(2)) allows courts and the Department of Revenue to issue limited driving privileges to allow repeat offenders to drive a motor vehicle to: (1) a business, occupation or employment; (2) medical treatment; (3) school; (4) alcohol or drug treatment programs; (5) an ignition interlock provider for required service; and (6) other circumstances the court or the department finds would create an undue hardship. However, for purposes of federal transportation funding, federal law (23 USC §164) only allows the issuance of a limited driving privilege in connection with: (1) work; (2) attending school; (3) attending alcohol treatment programs; and (4) seeking the required services of an ignition interlock provider. In order to comply with federal law, section 302.309.3(2) must be amended so that a repeat offender limited driving privilege may only be granted for the four purposes authorized by Section 164. Under the terms of this act, the courts and the department will only be able to issue limited driving privileges to repeat offenders for the purpose of driving to or from the operator's place of employment, attending school, attending alcohol or drug treatment programs, and seeking the services of a certified ignition interlock device provider. Limited driving privileges may not be granted for seeking medical treatment or other circumstances that create undue hardships for the driver.

This act also modifies the "hard walk" provision contained in section 302.309.3(6)(a) from 30 days to 45 days in cases of a revocation so that certain repeat offenders will not be eligible for a limited driving privilege until such person has completed the first 45 days of the revocation.

Current Missouri law (Section 577.023) allows prior and persistent offenders to participate in and successfully complete a DWI court in lieu of jail time or community service. A prior or persistent offender may escape the statutory minimum days of imprisonment by performing community service or successfully completing a DWI court program. Federal law, however, does not authorize DWI courts as an alternative to mandatory jail or community service. Under the terms of this act, prior and persistent offenders may avoid the minimum days of imprisonment by performing community service and completing a DWI court program, if such program is available. The DWI court program or other treatment program must include the minimal periods of community service.

Currently, as an alternative to imprisonment, a prior offender of an intoxication-related traffic offense can perform at least 30 days of community service as one condition of being eligible for parole or probation and a persistent offender can perform at least 60 days of community service. This bill specifies that a prior offender must perform at least 30 days involving at least 240 hours of community service and a persistent offender must perform at least 60 days involving at least 480 hours of community service. These provisions are also contained in HB 199 (2011).

Under current law, in a jury trial involving a repeat DWI offender, the defendant's status as a prior, persistent, aggravated, or chronic offender must be pleaded, established and found prior to submission to the jury outside of its hearing. Some repeat offenders have not received a fully enhanced sentence under the law because the Missouri Supreme Court has held that the statutes requiring a defendant's prior offender status be pleaded and proven prior to the case being submitted to the jury is mandatory and that a trial court is not authorized to determine a defendant's repeat offender status after a case is submitted to a jury. This act attempts to remedy the applicable statutes (§558.021 and 577.023) by providing that any error or omission in pleading or proving an offender's repeat offender status may be corrected by amending the pleadings or supplementing the record, on notice and hearing, prior to sentencing. The act further provides that any error in pleading or proving a repeat offender's status shall not require vacation or reversal of sentence on appeal unless such error results in substantial prejudice to the rights of the defendant or a miscarriage of justice, and nothing in the statutes shall be construed to preclude a remand to permit correction of such error after notice and hearing (Sections 558.021 and 577.023).

The intoxication-related offenses provisions are also contained in SS/SCS/SB 254 (2011).

BINDING ARBITRATION - This act repeals a provision of law which currently requires MoDOT to submit to binding arbitration upon the request of a plaintiff in a negligence action (Section 226.095). This provision may also be found in SB 33 (2011).

DELEGATION OF AUTHORITY TO CONDUCT HEARINGS BY THE COMMISSION - The act also allows the commission to delegate to a designated hearing examiner and/or appeals board the authority to conduct hearings and render final decisions and orders on behalf of it in all contested case administrative hearings that are required by federal or state law (Section 226.131).

HIGHWAY DESIGN-BUILD CONTRACTS - This act authorizes the state Highways and Transportation Commission to enter into an additional design-build contract for the improvement of the bridge on US40/I-64 located in St. Louis County and St. Charles County (Daniel Boone Bridge). The act also extends the sunset date for the commission to enter into design-build project contracts. Under current law, the commission's authority to enter into design-build projects expires on July 1, 2012. This act extends the date to July 1, 2018 (Section 227.107). The act also limits the total amount of design-build contracts awarded by the commission in any state fiscal year to no more than 2% of the total number of all state highway system projects awarded to contracts for construction from projects listed in the commission's approved statewide transportation improvement project for that state fiscal year. A similar provision is also contained in the perfected version of SB 133 (2011).

RECREATIONAL OFF-HIGHWAY VEHICLE - The act modifies the definition of recreational off-highway vehicle by increasing its maximum width from 60" to 64" (Section 301.010).

BI-STATE FARE EVASION - This act requires persons convicted of failing to pay a fare for the use of Bi-State Development Agency facilities and conveyances to reimburse the reasonable costs attributable to the enforcement, investigation and prosecution of such offense to the agency (Section 70.441). This provision is also contained in SB 347 and HB 857 (2011).

FAILURE TO APPEAR IN COURT - Under current law, if a person fails to timely dispose of a traffic ticket, the court will notify the director of revenue of such fact and the director will suspend the offender's driver's license until such time the person settles the matter by paying the fines and applicable court costs. Upon proof of disposition of the charges, and payment of a reinstatement fee, the director will return the license and remove the suspension from the person's driver's record. This act modifies this provision so that a commercial motor vehicle operator or a holder of a commercial driver's license will not be eligible to have such a suspension removed from his or her driving record (Section 302.341). This provision is also contained in HCS/HB 818 (2011).

UNIFORM COMMERCIAL DRIVER'S LICENSE ACT - This act adds new definitions to Uniform Commercial Driver's License Act (Sections 302.700 to 302.780) and makes modifications to current definitions relating to commercial driver license requirements to comply with Federal Motor Carrier Safety regulations and support the implementation of the federal rule labeled "Medical Certification Requirements as part of the CDL". The act revises the definition section by adding the following terms:

1) CDLIS driver record;

2) CDLIS motor vehicle record;

3) Commercial driver's license downgrade;

4) Driver applicant;

5) Employee;

6) Endorsement;

7) Foreign;

8) Medical examiner;

9) Medical variance (Section 302.700). This provision is also contained in HCS/HB 818 (2011).

CDL MEDICAL CERTIFICATION COMPLIANCE - This act implements a Federal Motor Carrier Safety Regulation known as "Medical Certification Requirements as part of the CDL". This act requires commercial driver license applicants to complete certain self certifications and submit required medical examiner certification documents when applicable. The act specifies the certification process. Applicants certifying to the operation in nonexcepted interstate or nonexcepted intrastate commerce must provide the state with an original or copy of a current medical examiners certificate. The state is required to maintained such documents for a period of 3 years beyond the date the certificate was issued. The act requires applicants to provide updated medical certificates or variance documents in order to maintain commercial motor vehicle driving privileges. The director must post the medical examiners certificate information to the driver record within 10 calendar days of receipt and the information will become part of the CDLIS driver record. Under the act, any person who falsifies any information in an application for or an update of medical certification status information shall not be licensed to operate a commercial vehicle or the person's commercial driver's license must be canceled for a period of one year after the director discovers the falsification. This provision is also contained in HCS/HB 818 (2011) and HB 820 (2011) (Section 302.768).

TEXT MESSAGING BAN APPLIED UNIVERSALLY - Under the terms of this act, the text messaging ban is applied universally so that all drivers, regardless of age, are prohibited from text messaging while operating a motor vehicle (Section 304.820). This provision is contained in the perfected version of SB 11 (2011).

PROOF OF PAYMENT OF PROPERTY TAXES IN ORDER TO MOVE MANUFACTURED HOME - This act prohibits the issuance of oversize permits to manufactured home owners unless the owners pay all applicable property taxes on the manufactured homes. The manufactured home owner must carry a receipt from the county collector showing all property taxes have been paid on the home at all times during the manufactured home is transported (Section 304.200). This provision is also contained in HCS/SS/SCS/SB 58 (2011).

STATE TRANSIT ASSISTANCE PROGRAM - This act establishes the Missouri State Transit Assistance Program to be administered by the Department of Transportation to provide financial assistance to defray the operating and capital costs incurred by public mass transportation providers. The distribution of any appropriated funds to public mass transportation service providers shall be determined by evaluating certain factors of each service provider including population, ridership, cost and efficiency of the program, availability of alternative transportation in the area, and local efforts and tax support (Section 226.195). This provision is contained in the perfected version of HB 484 (2011).

DIRECTIONAL SIGNS - Under current law, no outdoor advertising may be erected or maintained within 660 feet of certain federal highway right-of-ways. Directional signs, on premise signs, and outdoor advertising signs located in areas zoned commercial or industrial are exempt from this ban. This act would expand the types of directional signs which may be erected and maintained to include signs pertaining to cultural (including agricultural activities or attractions), scientific, educational, and religious sites (Section 226.520). This provision is contained in SB 77 (2011).

LIQUIFIED PETROLEUM GAS TRANSPORTERS - This act exempts employees and drivers of transporters operating cargo tank trailers designed to carry more than 3500 gallons that have been trained in accordance with Federal hazardous materials regulations from the state registration and training regulations when operating in interstate or intrastate commerce (Section 323.020).

JOINT COMMITTEE ON TRANSPORTATION OVERSIGHT - This act modifies the Senate membership of the Joint Committee on Transportation Oversight so that Senate membership shall be composed, as nearly as may be, of majority and minority party members in the same proportion as the number of majority and minority party members in the senate bears to the total membership of the Senate. The act also requires the annual MoDOT report to be submitted no later than December 31st of each year (rather than November 10th) and requires the hearing on the report to be held no later than February 15th of each year (rather than December 1st)(Section 21.795).

LICENSED PROFESSIONAL COUNSELORS - This act adds certain licensed professional counselors to the list of persons who can report anyone diagnosed or assessed with a condition that may prevent the safe operation of a motor vehicle. A report from a professional counselor shall provide the director with good cause to believe that the operator may be incompetent or unqualified to retain his or her driver's license and the director may require the person to submit to an examination in order to retain it (section 302.291). This provision is contained in HB 499 (2011).

SALES TAX EXEMPTION FOR CERTAIN CARRIERS - This act provides an exemption from state and local sales and use taxes for motor vehicles licensed for a gross weight of 24,000 pounds or more or trailers used by carriers who have received federal authority to haul for hire in the transportation of persons or property. The current sales tax exemption only applies to common carriers (Section 144.030).

STEPHEN WITTE