CAPITOL POLICE - This act adds Missouri Capitol Police vehicles to the definition of "emergency vehicle" for purposes of yielding the right-of-way (Section 304.022). The act allows capitol police to arrest persons in Cole County based upon probable cause to believe person committed crime within capitol police jurisdiction (Section 8.177).

RICHARD L. HARRIMAN HIGHWAY - This act designates a portion of State Route H in Clay County as the "Richard L. Harriman Highway" (Section 227.363).

CRIMINAL BACKGROUND CHECK BY SCHOOL DISTRICTS RATHER THAN DEPARTMENT OF REVENUE - Under this act, school districts shall be responsible for conducting criminal background checks for school bus drivers. Drivers may continue to operate school busses pending the results of the background check (Section 168.133). The Department of Revenue will no longer be responsible for obtaining criminal background checks or for collecting fingerprints from school bus operators (Section 43.530.2). The act provides that each school district shall have on file a statement from a medical examiner which indicates that the driver is physically qualified to operate a school bus for the purpose of transporting pupils. Such statement shall be made on an annual basis. For new drivers, such statement shall be on file prior to the driver's initial operation of a school bus. This provision applies to drivers employed by the school district or under contract with the school district (Section 1). On an annual basis, each school district shall provide training in at least eight hours of duration to each school bus driver employed by the school district or under contract with the school district. Such training shall provide special instruction in school bus driving (Section 2).

SCHOOL BUS LICENSE ENDORSEMENT - This act modifies the current law regarding school bus endorsements (Section 302.272). School bus examinations for drivers 70 years of age or older must be completed annually. Out-of-state residents will be exempt from Missouri's school bus endorsement requirements if the person possesses a valid driver's license and a school bus endorsement from their state of residence.

FEE OFFICE FEES - This act provides that a fee office may charge a fee of $2.50 for instruction permits, nondriver licenses, chauffeur licenses and driver's licenses issue for three years or less. A $5.00 fee may be charged for licenses or instruction permits exceeding three years in length. The current law allows a fee office to impose a $5.00 fee regardless of the length of term (Section 136.055).

CREDIT FOR TRADE-IN - This act provides that the bill of sale that a person must submit to the Department of Revenue to claim a trade-in sales tax exemption does not have to be notarized (Section 144.025).

PRIOR SALVAGE VEHICLE - This act provides that if an insurance company pays a claim on a salvage vehicle and the insured is retaining ownership of the vehicle, as prior salvage, the vehicle will not be subject to the in-depth Highway Patrol inspection in order for a title to be obtained (Section 301.020.4 and section 301.190.10). This portion of the act is similar to SB 488 (2005).

PROOF OF PAYMENT OF PERSONAL PROPERTY TAXES - This act modifies the provision of law regarding supplying proof that a person has paid his or her personal property taxes. Under this act, an applicant for a motor vehicle registration can supply proof by submitting a statement certified by a county or township collector for the previous year that no taxes were assessed or due and the applicant has no unpaid taxes on the collector's tax roll for any subsequent year (Section 301.025).

LICENSE PLATE DESIGN ADVISORY COMMITTEE - This act changes the date in which the advisory committee to study a new license plate design must meet. Under the current law, the committee must meet prior to April 1, 2006, to develop the new plate and the final design was due by that date. The act establishes a new date of January 1, 2007 (Section 301.129).

LICENSE PLATE TABS AND LICENSE PLATE REISSUANCE - The act revises the date in which the Department of Revenue must issue license plate tabs that include information to assure that the tabs correlate with the correct license plates. The current law dictates a date of January 1, 2009, while the act establishes a date of January 1, 2010 (Section 301.130.6). The act also changes the date in which new license plates will be reissued. Under the current law, new license plates were to be reissued between January 1, 2007, and December 31, 2009. The new reissuance period is between January 1, 2009, and December 31, 2011 (Section 301.130.9). Under this act, the Department of Corrections will no longer erect and maintain tabs beginning January 1, 2010. The current law provides that this task was to end on January 1, 2009 (Section 301.290).

REPOSSESSED TITLE - This act modifies the procedure for obtaining a "Repossessed Title". Under the current law, a lienholder must submit an application describing the repossessed vehicle, an affidavit stating that the debtor defaulted and a copy of the security agreement. Under the act, the lienholder does not have to submit a copy of the security agreement, but must state in the affidavit that the lienholder has obtained written consent of all lienholders of record to repossess the vehicle or has provided all lienholders with written notice of the repossession. The lienholder must also give the owner and lienholders 10 days written notice that an application for a repossessed tile will be made. Under the current law, if the application is not accompanied by the written consent of lienholders, the department of revenue will not issue a repossessed title unless the department first gave such parties 10 days notice (Section 301.215).

STOLEN LICENSE TABS - This act allows the replacement of up to two sets of two license plate tabs when stolen and the proper application with a police report is submitted to the Department of Revenue. Law enforcement officers are prohibited from issuing a citation to any person for a missing license plate tab if a vehicle registration check reveals the vehicle is properly registered and the owner indicates the tab has been stolen. Officers may instead issue a warning under these circumstances. If a citation is improperly issued, any court costs will be waived (Section 301.301 and Section 301.302)(HB 564 (2005)).

MOTOR VEHICLE TRANSACTIONS WITHOUT CONTEMPORANEOUS EXCHANGE OF TITLE - This act allows a motor vehicle dealer to purchase, or accept as a trade in, and later sell, a motor vehicle without a title from a seller provided certain procedures are followed. Under this act, a vehicle dealer may obtain a duplicate or replacement title in the owner's name if the owner's title has been lost, stolen, mutilated, or destroyed and is not available for assignment. The licensed dealer must procure a power of attorney from the owner authorizing the dealer to obtain a duplicate or replacement title in the owner's name and sign any title assignments on the owner's behalf. The application to the department of revenue for the duplicate or replacement title shall be accompanied by the executed power of attorney, or a copy thereof, and the application shall contain the appropriate mailing address of the dealer. Under current law, only the lawful holder of the title (owner) may obtain a duplicate or replacement title (Section 301.300). Under this act, a dealer may purchase, or accept as a trade in, a vehicle without a title if the seller provides the dealer the following:

(1) A signed written contract between the licensed dealer and the owner of the vehicle; and

(2) Physical delivery of the vehicle to the licensed dealer; and

(3) A power of attorney from the owner to the licensed dealer, authorizing the licensed dealer to obtain a duplicate or replacement title in the owner's name and sign any title assignments on the owner's behalf.

If these steps are followed, the sale or trade of the vehicle to the dealer shall be consider final.

If a licensed dealer purchases the vehicle from the seller in conformance with this act, the licensed dealer may sell the vehicle prior to receiving and assigning to the purchaser the certificate of title. The sale of the vehicle to the purchaser shall be considered final if:

(1) All outstanding liens created on the vehicle have been paid in full; and

(2) The dealer has obtained proof or other evidence from the department of revenue confirming that no outstanding child support liens exist upon the vehicle at the time of sale; and

(3) The dealer has obtained proof or other evidence from the department of revenue confirming that all applicable state sales tax has been satisfied on the sale of the vehicle to the owner; and

(4) The dealer has signed and submitted an application for duplicate or replacement title for the vehicle.

A licensed dealer shall, within five business days of obtaining a vehicle without a title, apply for a duplicate or replacement title. Upon receipt of a duplicate or replacement title, the dealer shall assign and deliver said certificate of title to the purchaser of the vehicle within five business days.

If the dealer fails to comply with this act, the dealer shall be liable to the purchaser for actual damages, plus court costs and reasonable attorney fees. If the dealer cannot be found and fails to assign and deliver the duplicate or replacement certificate of title to the purchaser, then the purchaser may deliver to the director a copy of the sales contract, a copy of the application for duplicate title, and a copy of the power of attorney. The director shall give the dealer notice informing the dealer that the director intends to cancel any prior certificate of title issued to the dealer on the vehicle and issue to the purchaser a certificate of title in the name of the purchaser, subject to any liens incurred by the purchaser in connection with the purchase of the vehicle, unless the dealer, within 10 business days from the date of the director's notice, files with the director a written objection to the director taking such action. If the dealer does timely file a written objection with the director, then the director shall not take any further action without an order from a court of competent jurisdiction. However, if the dealer does not timely file a written objection with the director, then the director shall cancel the prior certificate of title issued to the dealer on the vehicle and issue a certificate of title to the purchaser or the vehicle, subject to any liens incurred by the purchaser in connection with the purchase of the vehicle.

If a seller fraudulently misrepresents to the dealer that it is the owner of the vehicle, then the seller shall be liable to the dealer or subsequent purchaser for any damages resulting from such misrepresentation. Prior to seeking court costs or attorney fees authorized under this act, the aggrieved party must deliver an itemized written demand of its actual damages to the party from whom damages are sought and the party from whom damages are sought has not satisfied the written demand within 30 days after receipt of the written demand (Section 301.894).

DRIVER LICENSE PROVISIONS - The act reorganizes the language contained in Section 302.177 for readability regarding the issuance of six year and three year licenses, their respective fees, and that licenses will expire on the applicant's birthday unless licensed for a shorter period due to other requirements of law (Section 302.177). The act also modifies the provision of law regarding the application process for a commercial driver's license (Section 302.272). The act clarifies that CDLs issued to 21 to 69 year old individuals shall expire on the 6th year after issuance unless the license must be issued for a shorter period due to other requirements of law or for staggering of work. For individuals under 18, or for those 70 years of age or older, the license shall expire the 3rd year after issuance unless the license must be issued for a shorter period due to other requirements of law (Section 302.375). The act provides that a CDL containing a hazardous materials endorsement issued to a person 70 years of age or older shall not be issued for a period exceeding 3 years. The act also provides that effective December 19, 2005, the director of the department of revenue may issue nonresident CDLs to foreign citizens under certain conditions. The nonresident CDL expires on the date that the person's lawful presence expires. The nonresident must meet the same testing and record requirements as Missouri CDL holders (Section 302.735).

JURISDICTION OF REGIONAL TAXICAB COMMISSION - This act clarifies the jurisdiction of the regional taxicab commission. Under this act, the regional taxicab commission may exercise jurisdiction over any person who engages in the business of transporting passengers in commerce, wholly within the regional taxicab district, in any motor vehicle designed or used to transport not more than eight passengers including the driver.

The jurisdiction of the regional taxicab commission shall not apply to:

(1) Operators who are required to be licensed, supervised and regulated by the state highways and transportation commission. The regional taxicab commission's jurisdiction shall not extend to motor vehicles transporting passengers within the district in interstate commerce, and those interstate operations are subject to the powers of the state highways and transportation commission;

(2) Motor vehicles that are operated exclusively by not-for-profit corporations or governmental entities, whose operations within the regional taxicab district are subsidized, wholly or in part, with public transit funding (federal or state);

(3) Vehicles that transport one or more passengers upon the public highways in a continuous journey from a place of origin within the regional taxicab district to a destination outside the district, or from a place of origin outside the district to a destination within the district, either with or without a return trip to the point of origin.

Every person, partnership or corporation who becomes subject to the jurisdiction of the regional taxicab commission which was previously under the jurisdiction (through permit or certificate) of the state highways and transportation commission is deemed to be licensed, permitted and authorized by the regional taxicab commission, and the vehicles and drivers used by such motor carriers are hereby deemed to be licensed, permitted and authorized by the regional taxicab commission to operate and engage in the transportation of passengers within the regional taxicab district , to the same extent as they were formerly licensed, permitted and authorized by the highways and transportation commission on August 27, 2005. Such motor carriers, drivers and vehicles are exempt from applying for any license, certificate, permit or other credential issued or required by the regional taxicab commission, except that the regional taxicab commission may, after December 31, 2005, require such motor carriers and drivers to apply and pay the regular fees for annual renewals of such licenses, permits, certificates or other credentials, pursuant to uniform requirements applicable to all motor carriers, vehicles and drivers operating within the regional taxicab district (Section 67.1809).

LOCAL LOG TRUCK - This act allows harvesting equipment to be transported upon a local log truck (Section 301.010).

This act provides for various measures relating to bicycle safety and the duties owed to bicyclists by motorists. The bicycle provisions are similar to those contained in HB 632 and SB 372 (2005).

DESIGNATED BICYCLE LANES - This act prohibits blocking or obstructing a designated bicycle lane with a parked or standing motor vehicle or other stationary object. The act establishes standards for motorists crossing bicycle lanes. The act defines a designated bicycle lane as a portion of the roadway or highway which has been designated by the governing body having jurisdiction over the roadway by striping, signing and pavement markings for the preferential or exclusive use of bicycles. (Section 300.330).

AVOIDING COLLISION WITH A BICYCLIST OR PEDESTRIAN- Under this act, when passing a bicyclist, a motorist is required to leave a safe distance between the motor vehicle and the bicycle. (Section 300.411 and Section 304.678).

DEFINITION OF BICYCLE - This act modifies the definition of bicycle to include vehicles propelled by human power having two parallel wheels and one forward or rear wheel, all of which are more than 14" in diameter (Section 307.180).

RIDING ON SHOULDERS - This act provides that bicycles operating at less than the posted speed limit or slower than the flow of traffic may be operated on the shoulder adjacent to the roadway. (Section 307.191).

BIKE HAND SIGNALS - This act provides that a bike rider shall signal in the same manner as other vehicles except that the rider does not have to continuously signal by hand and arm if the hand is needed for the control or operation of the bicycle (Section 307.192).

ABANDONED MOTOR VEHICLES - Under this act, law enforcement officers may authorize a towing company to immediately move any vehicle left unattended on any interstate highway or freeway in an urbanized area. Currently, a vehicle must be abandoned for at least four hours (Section 304.155).

WEIGHT LIMITS FOR SOLID WASTE TRUCKS - This act places an existing provision of law in a different chapter for purposes of allowing law enforcement to enforce the weight limit provisions pertaining to solid waste trucks (Section 304.184 and Section 260.218).

CERTIFICATION OF ALCOHOL RELATED REPORTS - This act requires alcohol related reports submitted to the Department of Revenue by law enforcement officers to be certified rather than verified. The act requires law enforcement officers to certify the alcohol arrest reports under penalties of perjury prior to filing the reports with the department (Sections 302.510 and 577.041). The reports shall be admissible as prima facie evidence at administrative hearings. The act repeals the requirement for license surrender in order to obtain a hearing on administrative alcohol arrests (Section 302.530). These provisions are similar to ones contained in SB 490 (2003).

MOTOR VEHICLE DEALER ADVERTISING - This act allows motor vehicle dealers, when advertising by broadcast or print media, to provide disclaimers and disclosures by referring to an Internet web page or a toll-free number containing the information required to be disclosed by law (Section 301.567). This provision is contained in SCS/SB 390 (Senate Amendment 4).

TAX EXEMPTION FOR LEASE OF MOTOR VEHICLES BY CHARITIES - This act exempts from state, county and local taxes, motor vehicles leased for a period of at least one year by certain not-for-profit tax exempt entities and government agencies if the vehicles are used exclusively for the religious, educational, or charitable purposes (Section 137.100)(Senate Amendment 3).

This act contains an emergency clause for the school bus and commercial driver license provisions.

STEPHEN WITTE