CCS/SS/SCS/HB 1270 and HB 2032 - This act makes various changes to the law relating to the operation of motor vehicles.

USE OF STATE VEHICLES - This act creates the position of state vehicle fleet manager within the Office of Administration. The vehicle fleet manager will institute and supervise a state fleet vehicle tracking system in which the cost of owing and operating state vehicles will be documented by state agencies. State agencies shall report the purchase and sale of vehicles to the fleet manager as well as provide additional information. The Office of Administration shall establish guidelines for determining the most cost-effective and reasonable mode of travel. State agencies shall pay a state vehicle fleet fee for each vehicle that it owns for the purpose of funding the state fleet vehicle tracking system (Section 37.450). Under this act, certain proceeds generated by the sale of agency surplus vehicles may be deposited in the state treasury to the credit of the Office of Administration revolving trust fund. These moneys shall only be used for the purchase of agency vehicles (Section 37.452). This act requires all state agencies to be responsible for obtaining vehicle inspections for their motor vehicles (Section 307.402). These sections have an emergency clause.

FIRST CLASS HIGHWAY ADMINISTRATORS - This act removes Section 61.021, RSMo, which currently requires all first class county highway administrators to be Missouri residents.

MOTORCYCLE SAFETY TRUST FUND - This act modifies the language contained in the "Motorcycle Safety Trust Fund". Under this act, a surcharge of $1 shall be assessed on all criminal cases, violations of county ordinances, state traffic laws. Under current law, a $5 judgment is assessed on motorcycle violations (section 302.137). This provision is also contained in SCS/SB 721 et al (2002).

SKILL PERFORMANCE EVALUATION CERTIFICATES - This act authorizes the Division of Motor Carrier and Railroad Safety to grant skill performance evaluation certificates to intrastate drivers who do not meet the federal minimum medical standards. This amendment outlines what an applicant must submit to the Division in order to receive a skill performance evaluation certificate. The amendment also authorizes the division to promulgate rules and regulations regarding the issuance of such certificates. Under the proposed amendment, any regulations promulgated by the Division cannot be implemented if they would jeopardize federal funding to the state (Section 622.555).

COMMERCIAL DRIVER'S LICENSES - This act requires applicants for commercial driver's licenses to comply with the requirements of the U.S. Patriot Act of 2001 (Section 302.720). This act increases the examination fee for commercial driver licenses from $5 to $25, as well as the renewal fee. The examination program shall require a reexamination of at least 10% of those drivers who have passed a skills test administered by a third-party tester. This act also deletes the ability of the director to waive the driving test for a commercial driver's license (Sections 302.720 and 302.721).

MODOT TOWING - This act provides that if MoDOT removes any property from a road, MoDOT employees shall move the property to the shoulder or berm of the roadway, and the employees shall not use a wrecker, tow truck, or roll-back in the removal process (Section 226.1115).

OVERSIZED VEHICLES - Current law allows the Chief Engineer of the Department of Transportation, upon proper application, to issue special permits allowing the movement of vehicles hauling lumber products and earth-moving equipment not in excess of 14 feet wide on state and federal highways. This act removes this provision and allows vehicles hauling oversized lumber products and earth- moving equipment, without limitations, to be permitted (HB 1270 - Section 304.200).

EMERGENCY VEHICLES - This act requires drivers to take certain actions, including yielding the right-of-way when possible, when an emergency vehicle is approaching. This provision is contained SB 721 (2002).

TRAFFIC LAWS - Current Missouri law requires drivers to obey traffic-related signals and directions given by members of the Missouri Highway Patrol (Section 43.170, RSMo). Failure to follow such direction is a misdemeanor offense. This act extends the reach of the current law by also requiring drivers to obey signals and directions given by sheriffs and deputy sheriffs. This provision is identical to provisions contained in SB 237 (2001). This act modifies the mental state required of a person who fails to comply with an lawful order of a police officer or fire department official from willfully to knowingly. This act includes blue flashing lights for authorized emergency vehicles. This act removes the requirement that the motorman of a streetcar stop the streetcar upon the approach of an authorized emergency vehicle. This act removes the provision of law regarding written accident reports. This act removes the exclusion that written accident reports shall not be used as evidence in a court proceeding. This act expands the rule that a driver shall not follow an emergency vehicle closer than 500 feet. The current restriction only applies to fire engines. This act removes a provision of law regarding when police officers are authorized to remove motor vehicles. These provisions are contained in SB 818 (2002)and in SCS/SB 721 et al (2002).

HEAD INJURY FUND - This act creates the "Head Injury Fund" for use by the Missouri Head Injury Advisory Council. A new Section 304.028 creates the Fund for the receipt of judgments, grants, private donations, and other moneys. Such funds will be used for the integration of medical, social, and educational services and for outreach to individuals with traumatic head injury and their families. Unexpended balances will not transfer to general revenue. This section also adds a $2.00 surcharge for violations of any county ordinance or state criminal or traffic law Such surcharge will be deposited into the Head Injury Fund. This is substantially similar to SB 757 (2002) and SB 41 (2001). This provision is also contained in SCS/SB 721 et al (2002).

SPINAL CORD INJURY FUND - This act also modifies the language on the Spinal Cord Injury Fund. Instead of a $25 fee for every intoxicated related offense (current law), a $2 surcharge will be assessed on every violation of criminal or traffic offense. The money will be deposited in the Spinal Cord Injury Fund. This provision is also contained in SCS/SB 721 et al (2002).

PERMIT DRIVER STICKERS - This act requires the Director of the Department of Revenue to issues stickers or signs which bear the words "PERMIT DRIVER" to permit drivers. The sticker or sign may be affixed to the rear window of the motor vehicle by the permit driver. This language is contained in SB 930 (2002). This provision is also contained in SCS/SB 721 et al (2002)(section 302.130).

INTERFERING WITH AN ARREST - The act adds resisting or interfering with a detention or stop to the current crime of resisting or interfering with arrest. This act creates the presumption that a person is fleeing a vehicle stop if the person continues to operate a motor vehicle after seeing emergency lights or hearing a siren from the law enforcement vehicle that is pursuing the person. This act makes resisting or interfering with an arrest, detention, or stop is a Class D felony. This act also makes resisting an arrest by fleeing in such a manner which creates a substantial risk or serious physical injury or death a class D felony. This language is similar to that contained in SB 807 (2002). This provision is also contained in SCS/SB 721 et al (2002).

HAZARDOUS MATERIALS - This act prohibits persons from transporting hazardous materials through highway tunnels. This act also prohibits parking vehicles containing hazardous materials within 300 feet of a highway tunnel unless allowed by federal regulations. Violation of this act is a Class B misdemeanor for the first offense, and a Class A misdemeanor for a second or subsequent offense (Section 304.370). This provision is also contained in SCS/SB 721 et al (2002).

ABANDONED MOTOR VEHICLES - This act provides that for any vehicle towed from the scene of an accident at the request of law enforcement and not retrieved by the vehicle's owner within five days of the accident, the agency requesting the tow shall write out an abandoned property report or a crime inquiry and inspection report (Section 304.001). A provision similar to this is also contained in SCS/SB 721 et al (2002).

SEGWAYS - This act allows electric personal assistive mobility devices (EPAMD) to be operated on streets, highways, sidewalks and bicycle paths and grants operators the rights and duties applicable to pedestrians. Persons under 16 years of age shall not operate an EPAMD, except for an operator with a mobility- related disability. EPAMDs may only be operated on roadways with a speed limit of 45 mph or less. Such devices, however, may be used to cross roadways with higher speed limits. EPMADs shall equipped with lamps and red reflectors when operated during the period from one-half hour after sunset to one-half hour before sunrise. Operators of such devices shall ride the device as near to the right side of the roadway. Any person 17 years of age who violates this act shall be guilty of an infraction with a maximum fine of $25. If a person under the age of 17 years of age violates this act, the police officer may impound the device for a period not to exceed five days. Cities and counties may adopt regulations or ordinances which are more restrictive than the provisions of the act with respect to speed, area of operation, and other safety measures. These provisions are similar to SB 1098 and HB 1746 (2002)(Sections 307.205 - 307.211). These provisions are also contained in SCS/SB 721 et al (2002).

DRIVING WHILE REVOKED - This act inserts the phrase "or any other state" to Section 302.321, RSMo, so that a person operating a motor vehicle with a cancelled, suspended or revoked license by any state will be committing the crime of driving while revoked. In State of Missouri v. Rowe (January 8, 2002), the Missouri Supreme Court held that a person whose Iowa license was revoked under Iowa law was not subject to Missouri's driving while revoked law because it only applied to Missouri revocations. This section also includes county and municipal violations toward the enhanced penalty provisions of the driving while revoked law (Section 302.321). This provision also requires that for the enhanced penalties for driving while revoked to apply that the prior offenses occurred within 10 years of the present offense and that the person served a sentence of 10 days or more on the previous offenses. This provision is also contained in SCS/SB 721 et al (2002).
STEPHEN WITTE