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SCS/SB 104 - This act changes several references to the Division of Highway Safety to the state highways and transportation commission. In 2003, Governor Holder transferred the powers and duties of the Division of Highway Safety under the Department of Public Safety to MoDOT. References to the Division of Highway Safety or the Department of Public Safety as it pertains to highway safety functions need to be changed to accurately reference the state Highways and Transportation Commission. The act specifically provides that the commission shall have the responsibility and authority for the administration of: (1) All state highway safety programs; (2) The annual preparation of the Missouri Highway Safety Plan and the receipt of federal highway safety funds; (3) Regulations relating to approval of driver-improvement, motorcycle safety and ignition interlock programs; (4) Compliance with any federal laws or rules required as a condition precedent to secure federal highway safety funds; and (5) Contracts, licenses and authorizations issued by the Division of Highway Safety prior to August 28, 2003. The act expands membership of the Motorcycle Safety Program Advisory Committee from seven to eight members to create a place for a MoDOT representative. This act updates several sections of law relating to the operations of the highway patrol. The highway patrol was under the direction and authority of the highway commission until the early 1940’s. This act repeals several superannuated laws that no longer apply to the operations of the highway patrol due to modernization of state government, technology and other statutes and adopted procedures. The act removes the definition of the highway commission from chapter 43 since the commission no longer has oversight over the highway patrol. The act removes the current statutory requirement for the superintendent of the highway patrol to reside within the city limits of Jefferson City. The act removes the requirement that general headquarters be open at all times and the requirement that a telegraph be available. The act removes the requirement that the highway commission approve all personnel expenses and changes where civil witnesses fees are deposited. The act changes the requirement that the superintendent divides the state into troops instead of districts and removes the requirement that the highway patrol send an end of the year fiscal report to the governor and the highway commission. The act removes the requirement that the superintendent, major, director of radio and budget personnel be bonded with the highway commission. The act changes statutory direction to the highway patrol to deliver those arrested directly to the court, to “their designee,” such as an appropriate jail or sheriff. STEPHEN WITTE
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