SB 480 Modifies law with respect to motor vehicles and outboard motor titles
Sponsor: Stouffer
LR Number: 4472S.13T Fiscal Note available
Committee: Transportation
Last Action: 7/10/2012 - Signed by Governor Journal Page:
Title: CCS HCS#2 SCS SB 480 Calendar Position: 4
Effective Date: August 28, 2012
House Handler: Burlison

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Current Bill Summary


CCS/HCS#2/SCS/SB 480 - This act modifies various provisions relating to the regulation of motor vehicles and transportation.

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. This provision may be found in truly agreed to version of HB 1402 (2012). The provision is also contained in SB 508 (2012), SB 347 (2011) and the truly agreed to version of HB 430 (2011) (Section 70.441).

SALES TAX EXEMPTION FOR CERTAIN VEHICLES - This act provides a sales tax exemption for motor vehicles registered in excess of 54,000 pounds, and the trailers pulled by such motor vehicles, that are actually used in the normal course of business to haul property on the public highways of the state, and that are capable of hauling loads commensurate with the motor vehicle's registered weight. The sales tax exemption also extends to the materials, replacement parts, and equipment purchased for use directly upon, and for the repair and maintenance or manufacture of such vehicles. This provision may be found in the truly agreed to version of HB 1402 (2012) (Section 144.030.1(4)).

PURPLE HEART TRAIL - The act designates the portion of Interstate 70 in the state of Missouri as the "Purple Heart Trail." This provision is also contained in HB 1906 (2012)(Section 227.513).

HAULING OF RADIOACTIVE WASTE -This act modifies the method in which fees assessed for the transporting radioactive waste are calculated. Under current law, a fee of $1,800 is charged for each cask transported through or within the state by truck of high-level radioactive waste, transuranic radioactive waste, spent nuclear fuel or highway route controlled quantity shipments. In addition, all such cask shipments are subject to a surcharge of $25 per mile for every mile over 200 miles traveled within the state. Under this proposal, the fees are assessed per truck rather than per cask. This provision is also contained in the truly agreed to version of SB 470 (Section 260.392).

(Section 260.392).

RECREATIONAL OFF-HIGHWAY VEHICLE DEFINITION - This act modifies definition of recreational off-highway vehicle as found in Section 301.010. The act modifies the definition by increasing the width and weight limit of the vehicle. The width of a recreational off-highway vehicle is increased from 60 inches to 64 inches and the unladen dry weight of the vehicle is increased from 1,850 pounds to 2000 pounds (Section 301.010). This provision is contained in the truly agreed to version of HB 1402 (2012). This provision is similar to one contained in SCS/SB 714 (2012).

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 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 contained in the truly agreed to versions of SB 470, SB 568, and HB 1402 (2012). The provision is also contained in the perfected version of SB 443 (2012) and the truly agreed to version of HB 430 (2011) and 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).

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 (section 302.768).

The CDL medical certification compliance sections (Sections 302.700 and 302.768) shall become effective on the date the director begins accepting commercial driver license medical certifications or on May 1, 2013, whichever occurs first (see Section C).

The CDL provisions may found in the truly agreed to versions of SB 470, 568, and HB 1402 (2012). Similar provisions may be also be found in the perfected version of SB 443 (2012), the truly agreed to version of HB 430 (2011), HCS/HB 818 (2011) and HB 820 (2011)

OUTBOARD MOTOR TITLES - Under the terms of this act, any new outboard motor purchased by a dealer from the manufacturer on or after July first of any year shall be labeled with the "Year Manufactured" of the immediately following calendar year unless the manufacturer indicates a specific model or program year (Section 306.532). This provision may also be found in the truly agreed to version of SB 568 and SB 719 (2012). This provision is similar to the one contained in HB 1759 (2012)(2012).

COMMUNITY SERVICE REQUIREMENTS FOR PRIOR AND PERSISTENT OFFENDERS - 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.

NATIONAL WILD TURKEY FEDERATION SPECIAL LICENSE PLATE - This act allows members of the National Wild Turkey Federation to obtain specialty license plates bearing their organization's name under certain conditions (section 301.4036).

MISSOURI AUTO INSURANCE PLAN - This act amends Missouri Auto Insurance Plan (Missouri's automobile insurance residual market mechanism) law so that insurance companies that op-out from servicing their share of high risk drivers shall be assessed a fee based on the insurance company's market share. The act requires the plan to contract with an entity to accept and service policies for companies that do not elect to accept and service policies. By October 1 of each year, companies that elect to accept applicants for policies for the next calendar year must notify the plan. Companies that do not elect to service applicants and policies shall pay a fee to the plan for providing such services. The fee shall be based on the company's market share (section 303.200). This provision may also be found in the truly agreed to versions of SB 470 and HB 1402 (2012).

NRA SPECIAL LICENSE PLATE - This act allows members of the National Rifle Association to obtain specialty license plates bearing their organization's name under certain conditions (Section 1).

COLLEGIATE SPECIALTY LICENSE PLATES - Under the terms of this act, only community colleges or other institutions of higher education located in Missouri may authorize its official emblem to be use on specialty license plates (Section 301.449). In addition, the act prohibits collegiate or university specialty license plates from being established under the administrative process set forth in section 301.3150 (Section 301.3150).

TRANSPORTING RADIOACTIVE MATERIALS - This act modifies the method in which fees assessed for the transporting radioactive waste are calculated. Under current law, a fee of $1,800 is charged for each cask transported through or within the state by truck of high-level radioactive waste, transuranic radioactive waste, spent nuclear fuel or highway route controlled quantity shipments. In addition, all such cask shipments are subject to a surcharge of $25 per mile for every mile over 200 miles traveled within the state. Under this proposal, the fees are assessed per truck rather than per cask (Section 260.392). This provision is also contained in the truly agreed to version of SB 470 (2012).

AMERICAN RED CROSS SPECIAL LICENSE PLATES - This act allows motorist to obtain specialty license plates bearing the emblem of the American Red Cross under certain conditions (section 301.4040)(HA 4).

USE OF MUNICIPAL STREETS - Under current law, municipalities may enact ordinances that limit the use of certain designated streets to passenger vehicles. This act modifies this authorization by requiring municipalities to allow at least one route, with lawful traffic movement and access from both directions, to be available for use by commercial motor vehicles to access any roads in the state highway system. No municipality may pass an ordinance that denies the use of commercial motor vehicles on all routes within the municipality. This provision may be in the truly agreed to version of HB 1402 (2012) (Section 304.120).

RECREATIONAL OFF-HIGHWAY VEHICLES - This act modifies the definition of recreational off-highway vehicle as found in Section 301.010. The act modifies the definition by increasing the width and weight limit of the vehicle. The width of a recreational off-highway vehicle is increased from 60 inches to 64 inches and the unladen dry weight of the vehicle is increased from 1,850 pounds to 2000 pounds. This section is also contained in the truly agreed to version of HB 1402 (2012) and HB 1807 (2012) (Section 301.010).

Under the act, recreational off-highway vehicles shall not be operated on highways except for:

(1) Governmental owned and operated recreational off-highway vehicles for official use;

(2) Recreational off-highway vehicles operated for agricultural purposes or industrial on-premise purposes;

(3) Recreational off-highway vehicles operated within three miles of the operator's primary residence. This exception shall not authorize the operation in a municipality unless the municipality authorizes the operation by permit;

(4) Recreational off-highway vehicles operated occasionally by handicapped persons for short distances only on the state secondary roads;

(5) Governing bodies of cities may issue special permits to licensed drivers for special uses of recreational off-highway vehicles on highways within the city limits. Fees of $15 may be collected and retained by cities for such permits;

(6) Governing bodies of counties may issue special permits to licensed drivers for special uses of recreational off-highway vehicles on county roads within the county. Fees of $15 may be collected and retained by the counties for such permits.

No person shall operate a recreational off-highway 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 recreational off-highway vehicle on a highway shall have a valid operator's or chauffeur's license.

Under the terms of the act, an individual shall not operate a recreational off-highway vehicle upon on a highway in this state without displaying a lighted headlamp and a lighted tail lamp. A person may not operate a recreational off-highway vehicle upon a highway of this state unless such person wears a seat belt. When operated on a highway, a recreational off-highway vehicle shall be equipped with a roll bar or roll cage construction to reduce the risk of injury to an occupant of the vehicle in case of the vehicle's rollover. The recreational off-highway vehicle provisions may be found in the truly agreed to versions of HB 1402 and HB 1807 (2012). The provisions had their genesis in SB 714 (2012)(Section 304.033).

DISTRIBUTION AND USE OF TAXES USED FOR ROAD AND BRIDGE PURPOSES - This act amends the statutes to effectuate a settlement reached as a result of the decision handed down in Gladstone Special Road District No.3 of Clay County v. Clay County, 248 S.W.3d 60 (Mo.App. 2008). Under current law, section 67.548 allows certain counties (Platte and Clay) to use sales tax proceeds authorized in another statute for road and bridge purposes. However, if the county commission reduces a special road and bridge tax levy and such reduction reduces the amount of revenue received by cities and special road districts in that county, then the county commission must set aside to the credit of such cities and road districts an amount from the sales tax the cities and road districts would have received under the special road and bridge tax levy. This act modifies the current version of the statute by providing that such counties may enter into agreements with cities and special road districts on how to distribute funds to such entities for road and bridge purposes. The act further eliminates the requirement that the counties set aside an amount from the sales tax to cities and special road districts to "make up" for lost special road and bridge tax levy fund revenues, and instead provides that if the annual special road and bridge levy is not set at a level of at least 14 cents on each $100 assessed valuation, the county shall allocate additional funds from any available county source to such political subdivisions within the county in an amount that is equal to the funding level of 14 cents on each $100 assessed valuation. The act further provides that any city which contains at least 50% of a special road district shall be entitled to receive the special road district's portion of any funds not paid through the special road and bridge levy (Section 67.548).

The act also amends Missouri Community Improvement District Act. The act allows the governing body of Kansas City to establish a community improvement district in Clay County by filing a petition. The only funding method available to a community improvement district formed by this procedure is a real property tax (Section 67.1421). In order for Kansas City to create a community improvement district under the terms of this act, its governing body must call for an election after it holds a public hearing. The issue of creating the community improvement district and its funding methods (real property tax) must be submitted to the qualified voters of the proposed district (Sections 67.548, 67.1421, 67.1422, and 67.1561).

DARRELL B. ROEGNER MEMORIAL HIGHWAY - This act designates a portion of Highway 64/40 in St. Charles County as the "Darrell B. Roegner Memorial Highway" (Section 227.509). This provision may also be found in the truly agreed to version of HB 1807 (2012).

TROOPER FRED F. GUTHRIE MEMORIAL HIGHWAY - TROOPER FRED F. GUTHRIE JR. MEMORIAL HIGHWAY - This act designates a portion of Interstate 29 in Platte County as the "Trooper Fred F. Guthrie Jr. Memorial Highway". This provision is also contained in HB 1807 (Section 227.510). This provision may also be found in the truly agreed to version of HB 1807 (2012).

CASS COUNTY - THE BURNT DISTRICT SPECIAL LICENSE PLATE - This act modifies provisions relating to the "CASS COUNTY - THE BURNT DISTRICT" special license plate. Under current law, 80% of the $25 annual contribution fee is distributed to the Cass County public safety and 20% of the fee is distributed to the Cass County parks and recreation department. Under the terms of the act, the distribution of the annual contribution fee is modified so that 70% of the fee is distributed to public safety, 15% is distributed to the Cass County Historical Society, and 15% is distributed to the Cass County parks and recreation department.

The act further specifies that prior to the issuance of the specialty personalized plate, the Department of Revenue must be in receipt of an application as prescribed by the department director and be accompanied by a list of at least 200 potential applicants, the proposed art design for the specialty plate, and an application fee not to exceed $5,000. The act provides that the special license plate shall be redesigned unless the organization pays the department director in advance for all redesigned plate fees. This provision may also be found in the truly agreed to version of HB 1807 (2012). This provision is also contained HB 1269 (2012)(Section 301.3161).

IGNITION INTERLOCK ENHANCED REQUIREMENTS - Under this act, a person whose driving privilege has been denied for 10 years for 3 or more DWI offenses, or for 5 years for 2 intoxication-related traffic offenses within a five-year period shall be required to use an ignition interlock device that has photo identification technology and global positioning system features when their license is reinstated or whenever a limited driving privilege is granted (Section 302.060). If monthly monitoring reports show during the period of reinstatement that the ignition interlock device has registered blood alcohol concentration readings above the set point established by the Department of Transportation, or that the person has tampered with or circumvented the ignition interlock device, then an additional 6 months will be added to the person's reinstatement (Section 302.060).

Under current law, a person who has been convicted of a first time DWI or BAC is assessed points and receives a license suspension of 30 days ("hard walk"), followed by a 60 day restricted driving privilege. Under this proposal, a person who chooses to install an ignition interlock device shall serve a 15 day suspension, followed by a 75 day period of restricted driving privilege. The person's license will be reinstated following the 75 day period if otherwise eligible by law. If the monthly monitoring reports shows a violation during this 75 day restricted driving privilege, then the person's license will not be reinstated until the person completes an additional 75 day period of restricted driving privilege without any such violations (Section 302.304.5). The act provides similar measures for persons whose driver's license have been suspended under the administrative process (Section 302.525).

Under current law, a person who has two or more DWI or BAC convictions, must have an ignition interlock device installed in order to have his or her driver license reinstated. The ignition interlock device must be maintained on the offender's vehicles for a period of at least 6 months. Under this act, if monthly monitoring reports show during the period of reinstatement that the ignition interlock device has registered blood alcohol concentration readings above the set point established by the department of transportation, or that the person has tampered with or circumvented the device, then an additional six months will be added to the person's reinstatement (Section 302.304.17).

Under current law, persons with 5 year or 10 year license denials because of multiple DWI or other intoxication-related traffic offenses may seek a limited driving privilege after serving 2 or 3 years of the license denial. Under the terms of this act, such persons may seek a limited driving privilege after only serving 45 days of the denial or disqualification period. In addition, this act allows a person who has his or her license revoked for 2 alcohol-related enforcement contacts within 5 years to seek a limited driving privilege after completing the first 45 days of the 1 year revocation. Currently, such a person may is not eligible for a limited driving privilege (Section 302.309).

The ignition interlock provisions have an effective date of October 1, 2013 (Sections 302.060, 302.304, 302.309, and 302.525).

STEPHEN WITTE