SB 51
Modifies provisions relating to the regulation of motor vehicles
Sponsor:
LR Number:
0197S.07T
Last Action:
9/11/2013 - No motion made to override Governor's veto
Governor's Veto Letter
Journal Page:
S18
Title:
CCS HCS SB 51
Calendar Position:
Effective Date:
August 28, 2013
House Handler:

Current Bill Summary

CCS/HCS/SB 51 - This act modifies several provisions of law relating to the regulation of motor vehicles.

LICENSE PLATE TABS - This act modifies the process for obtaining free license plate tabs. Under current law, any person replacing a stolen license plate tab may receive at no cost up to two sets of two license plate tabs per year when the application for the replacement tab is accompanied with a police report. This act replaces the police report with a notarized affidavit so that a person may receive up to two sets of license plate tabs per year when the application for the replacement tab is accompanied by a notarized affidavit verifying that the tab or tabs were stolen (Section 301.301). This provision is also contained in SB 217 and the truly agreed to version of HB 103 (2013).

FEE OFFICE FEE INCREASES - This act increases the fees that fee offices may charge for issuing driver's licenses, registering motor vehicles, and other motor vehicle related services. The fee for annually registering motor vehicles is increased from $3.50 to $5.00. The fee for biennially registering a motor vehicles is increased from $7.00 to $10. The fee for a notice of lien is increased from $2.50 to $5.00. The title application fee is increased from $2.50 to $5.00. The fees for issuing driver's licenses are increased from $2.50 (less than 3 years)and $5.00 (over 3 years) to $5.00 and $10.00 respectively (Section 136.055) (HA 2).

REIMBURSEMENT OF FEE OFFICE FEES BY THE DEPARTMENT OF REVENUE- The act requires the Department of Revenue to reimburse reasonable costs incurred associated with the transactions required in contract license offices (Section 136.055) (HA 1 to HA 2).

LICENSE OFFICE BIDDING PROCEDURE - The act requires the Department of Revenue to comply with state purchasing requirements for bidding when awarding license office contracts. No points are to be awarded on a request for proposal that has a return-to-the-state provision offer (Section 34.040)(HA 1 to HA 2).

COMPLIANCE WITH FEDERAL MOTOR CARRIER SAFETY REGULATIONS - This act modifies several commercial motor vehicle provisions in an effort to comply with Federal Motor Carrier Safety Regulations. These provisions may also be found in SB 411, and the truly agreed to versions of SB 43 and HB 103 (2013).

The act modifies several definitions contained in the "Uniform Commercial Driver's License Act" (Sections 302.700 to 302.780). Most notably, the act provides definitions for the terms "electronic device", "mobile telephone", and "texting". In addition, the act modifies the definition of the term "serious traffic violation" to include violating a state or local law or ordinance on motor vehicle traffic control prohibiting texting while driving a commercial motor vehicle and violating a state or local law or ordinance on motor vehicle traffic control restricting or prohibiting the use of a hand-held mobile telephone while driving a commercial motor vehicle. The act also modifies the term "disqualification" so that commercial driver's instruction permit holders are held to the same standards and disqualification penalties as commercial driver's license holders (Section 302.700).

Under the terms of this act, all applicants for a commercial driver's license shall have maintained the appropriate class of commercial driver's instruction permit issued by this state or any other state for a minimum of 14 calendar days prior to the date of completing skills testing (Section 302.720).

Under current law, the commercial motor vehicle driving skills test may be waived under certain circumstances for members of the military. Currently, one of the conditions for obtaining a waiver is that the applicant must be regularly employed in a job requiring operation of a commercial motor vehicle and has operated the vehicle for at least 60 days during the two years immediately preceding application for a commercial driver's license. This act qualifies this condition by providing that the applicant must be regularly employed "within the last 90 days in a military position" in order to obtain the skills test waiver (Section 302.720).

This act modifies the provisions pertaining to nonresident commercial drivers licenses. Under the act, the term "nonresident" is changed to "nondomiciled" and the provisions for obtaining a nondomiciled commercial driver's license are changed to reflect that such applicants can obtain commercial driver's instruction permits as well (Section 302.735).

The act provides that commercial driver's instruction permits must include the same data elements as commercial driver's licenses and must also contain the words "CDL PERMIT" or "COMMERCIAL LEARNER PERMIT" (Section 302.740).

This act provides that disqualification periods must be in addition to any other previous periods of disqualification in a manner consistent with federal law, except when the major or serious violations are a result of the same incident (Section 302.755).

Under this act, the Department of Revenue shall have until July 8, 2015, to comply with certain federal regulations pertaining to commercial driver's license testing and commercial learner's permit standards (Section 302.767)(HA 12).

MINIMUM STANDARDS FOR TOWING COMPANIES - This act requires certain towing companies to comply with additional regulations. Such towing companies shall have a storage lot or an enclosed building for the storage of vehicles with a total storage area of at least 2,000 square feet and fencing a minimum of 7 feet high. In addition, the towing company must be open for a minimum of 8 hours per day between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, for customers or their authorized agents to view and retrieve vehicles, with no additional fees charged to view or retrieve a vehicle during these regular business hours. The regulated towing companies must also have and maintain an operational telephone with the telephone number published or available through directory assistance. The towing companies must maintain insurance policies in the amount prescribed by the U.S. Department of Transportation. Under the terms of the act, towing companies located in Franklin County and Washington County are exempt from the towing standards set forth in the section (Section 304.154). This provision is similar to one contained in HCS/SB 51 (2013) and SB 404 (2013) (Section 304.154). This provision is similar to one contained in SB 404 (2013).

TEXTING AND COMMERCIAL MOTOR VEHICLES - Under current law, texting while driving is limited to persons under the age of 21 and excludes the majority of commercial driver's license holders. Under this act, a person convicted of texting while operating a commercial motor vehicle or convicted of using a hand-held mobile telephone while driving a commercial motor vehicle, may have his or her commercial driver's license disqualified. Under the act, texting while driving and using a hand-held mobile telephone while driving a commercial motor vehicle has been defined as a serious traffic violation under Section 302.700. The disqualification provisions for such violations may be found under Section 302.755.5. In addition, this act makes it an infraction for a person to use a hand-held mobile telephone or engage in texting while operating a commercial motor vehicle (Section 304.820). A similar provision may be found in SB 411 and the truly agreed to version of HB 103 (2013). An identical provision may be found in the truly agreed to version of SB 43 (2013).

COVERED FARM VEHICLES - On July 6, 2012, Moving Ahead For Progress in the 21st Century Act (MAP-21) was enacted into law. MAP-21 includes provisions that exempt commercial motor vehicles operating as "covered farm vehicles" from certain Federal Motor Carrier Safety Regulations (FMCSRs). The covered farm vehicle and the person operating the CFV are exempt by MAP-21 from several federal motor carrier safety laws and regulations applicable to for-hire motor carriers, including, but not limited to, possession of a valid commercial drivers' license, submitting to drug tests, possession of valid medical certification and others.

Under MAP-21, hours of service regulations (49 CFR ยง 395) do not apply when operating a commercial motor vehicle within the scope of the covered farm vehicle exemptions. Under current Missouri state law, the federal regulations relating to hours of service do not apply to drivers transporting agricultural commodities or farm supplies if certain conditions are met. Since Missouri's exemption regarding hours of service is inconsistent with the federal law, this act repeals the provision to be consistent with MAP-21.

Under current Missouri law, certain federal regulations regarding the equipment and operation of motor vehicles do not apply to commercial motor vehicles that transport property in intrastate commerce if such vehicles have a gross vehicle weight rating or gross combination weight rating of 26,000 pounds or less. Under this act, this exception shall not apply to covered farm vehicles required to be placarded for hazardous materials under federal law (Section 307.400). This provision may also be found in SCS/HB 103 (2013).

TEMPORARY PERMIT FOR SALVAGE VEHICLES - This act allows the Director of the Department of Revenue to issue temporary permits to individuals who possess motor vehicles that require law enforcement examinations. A person issued a temporary permit under the act may operate the salvage motor vehicle from his or her residence or storage facility to the nearest authorized examination facility and return (Section 301.140)(HA 6). This provision may also be found in HCS/SB 148 (2013).

REGULATION OF ALTERNATIVE FUELS - This act modifies several provisions relating to the regulation of alternative fuels. This act prohibits a county building ordinance adopted by a first or second classification county building commission from conflicting with the liquefied petroleum gas installation regulations established under Section 323.020 (Section 64.196). This act reauthorizes, beginning January 1, 2014, but ending before January 1, 2017, the tax credit for alternative fuel stations and specifies that alternative fuels must have at least 70% by volume of one or more of ethanol, biodiesel, liquefied petroleum, autogas, hydrogen, or natural gas based fuels. The credit may be carried forward for up to two years or it may be transferred, assigned or sold. The alternative fuel station tax credit is capped at $1 million annually (section 135.710). This act adds stationary property used for generation, transportation, or storage of liquid and gaseous products including petroleum products, natural gas, propane, LP gas, solar and wind power equipment, water, and sewage to the definition of "real property" for property taxation purposes (Section 137.010). These provisions may also be found in HB 795 (2013)(HA 7).

COLLEGE LICENSE PLATE FIX - Under current law, only a Missouri college may authorize the use of its school's official emblem to be affixed to special license plates. The effect of this law is to ban the issuance of out-of-state college specialty license plates. This act allows any out-of-state college which has authorized the use of its official emblem to be affixed to license plates and has had its application for a specialty license plate approved by the Joint Committee on Transportation Oversight prior to August 28, 2012, to continue authorizing the use of its official emblem on the plates (Section 301.449). This portion of the act is similar to a provision contained in HB 483 (2013). This portion of the act is subject to an emergency clause. This portion of the act is also contained in the truly agreed to version of HB 103 (2013)(HA 9).

MOTORCYCLE PERMIT RENEWAL - This act allows a person who has been issued a temporary motorcycle instruction permit to renew the permit two additional times for a total maximum period of 18 months (Section 302.132). Under current law, a person can renew the permit an unlimited number of times. This portion of the act is similar to a provision contained in HB 555 (2013) and SB 673 (2012) (HA 13).

INFORMATION MANAGEMENT PRODUCTS - Under this act, any quasi-government entity created to provide information management products and services to criminal justice, municipal and county courts and other government agencies whose originating agency identifier was terminated by the FBI shall provide integration access to the contracted data for the political subdivision or its agency in a web service or file transfer protocol format on line in a timely manner upon written request at no additional charge as is required by the political subdivision or its agency (Section 1)(HA 8).

EMERGENCY UTILITY PERMITS - This act requires the Department of Transportation to issue emergency utility response permits for the transporting of equipment and materials needed following a disaster where utility service has been disrupted (Section 304.180)(HA 15). This portion of the act is contained in HB 85 (2013).

STEPHEN WITTE

Amendments