Perfected

DECLARATIONS - The act authorizes the Director of Revenue to administer oaths to individuals filing declarations, statements or other documents. A signed declaration shall be prima facie evidence that the individual signed the declaration. Any declaration, statement, or other document that is required to be signed under Chapter 301 and Chapter 306 shall be signed in accordance with this provision and regulations (Section 301.007).

LICENSE PLATES - The act also makes several technical changes to provisions pertaining to manufacturer and dealer license plate letter and numbers. The current law contains erroneous references. The changes in section 301.560.4 occur on the date when the director reissues new license plates or December 1, 2008, whichever occurs first (Sections 301.130, 301.144, and 301.560).

REISSUANCE OF LICENSE PLATES - The act also modifies the law regarding the reissuance of license plates. The current law provides that reissuance must occur beginning January 1, 2009. This act modifies the reissuance provision by granting the director more discretion when to begin reissuance so long as it occurs no later than January 1, 2009 (Section 301.130.9).

EMERGENCY VEHICLE DEALERS - The act also exempts dealers who sell only emergency vehicles from maintaining a bona fide place of business (including the related law enforcement certification requirements) and from meeting the minimum yearly sales. This act is similar to SB 91 (2007), SB 697 (2006) and SB 141 (2005)(Section 301.550 and 301.560).

DISTINCTIVE DEALER LICENSE NUMBERS - The act modifies the provision which sets forth the dealer license number designations, including the creation of recreational motor vehicle dealer license plate designations (RV-0_through RV -9999) for new and used recreational motor vehicle dealers (section 301.560.4). The dealer designations shall take effect no later than December 1, 2008.

LIMITATION ON ISSUANCE OF DEALER PLATES - Under the act, the department shall issue to new motor vehicle manufacturers and other dealers 1 distinctive dealer plate and 2 additional number plates. The fee for the 2 additional number plates is $21 (Section 301.560.6). Under the act, new motor vehicle manufacturers shall not be issued or possess more than 347 additional number plates or certificates of number annually. New and used motor vehicle dealers, powersport dealers, wholesale motor vehicle dealers, boat dealers, and trailer dealers are limited to 1 additional plate or certificate of number per ten-unit qualified transactions annually. New and used recreational motor vehicle dealers are limited to two additional plates or certificate of number per ten-unit qualified transactions annually for their first fifty transactions and one additional plate or certificate of number per ten-unit qualified transactions thereafter. An applicant seeking the issuance of an initial license shall indicate on his or her initial application the applicant's proposed annual number of sales in order for the director to issue the appropriate number of additional plates or certificates of number (Section 301.560.6).

Wholesale and public auctions shall be issued a certificate of dealer registration in lieu of a dealer number plate.

USED MOTOR VEHICLE DEALER EDUCATIONAL SEMINAR - The act exempts public auto auctions and applicants currently holding a new or used dealer's license for a separate dealership from showing proof of completing an educational seminar when applying for a used motor vehicle dealer's license. The act also specifically provides that current new motor vehicle franchise dealers and motor vehicle leasing agencies are not subject to the educational seminar requirements (Section 301.560.9).

SELF-PROPELLED SPRAYERS - This act exempts self-propelled sprayers, floaters, and other forms of implements of husbandry that are used for spraying chemicals or spreading fertilizer from complying with titling, registration and license plate display laws. The exemption from titling, registration, and the display of license plates applies whether the described vehicles are laden or unladen (Section 301.029) . This portion of the act is identical to SB 371 (2007).

LOCAL LOG TRUCK - This act modifies the definitions of the terms "local log truck" and "local log truck tractor" by expanding the area in which such vehicles can operate. Under current law, such vehicles are to operated at a forested site and in area extending not more than a 50 mile radius from such site. The act increases the radius to 100 miles. A similar provision is contained in SB 349 (2007)(Section 301.010).

EXPUNGEMENT OF RECORDS OF CDL HOLDERS - This act prohibits the expungement of a minor in possession charge for holders of commercial driver's licenses or persons operating commercial motor vehicles at the time of the violation (Section 311.326). The act also provides that no records shall be expunged until 3 years after the date of suspension or revocation, if the person was holding a commercial driver's license at the time of the offense (Section 302.545).

FAILURE TO APPEAR - This act includes failure to appear by a commercial license holder or operator of a commercial motor vehicle as an commercial driver offense requiring indefinite suspension until compliance (Section 302.700 and 302.755).

CDL MILITARY EXEMPTION - This act provides that a military member while driving a vehicle for military purposes is exempt from possessing a CDL. Current law provides that the military member must be driving a military vehicle to qualify for the exemption (Section 302.775).

DRIVING WHILE OUT OF SERVICE - The act provides that any person convicted for the first time of driving while out of service shall be disqualified in the manner prescribed by federal regulations (Section 302.755).

SCHOOL BUS DRIVERS - Under this act, the director of revenue shall not issue or renew a school bus endorsement to any applicant whose driving record shows that the applicant has been convicted of an intoxication-related traffic offense while operating a school bus. A person convicted of an intoxication-related offense while operating a school bus will have his or her school bus endorsement permanently denied by the court, beginning on the date of the court?s order (Section 302.272). The act requires school bus drivers to notify the school district or the driver's employing contractor whenever the driver receives a citation for an intoxicated-related traffic offense. The notice of such citation shall be given prior to the driver resuming operation of a school bus. Failure to notify the school district or the employing contractor of the citation shall constitute a valid reason to discharge such person from the school district's or employing contractor's employ (Section 302.275). The act sets the fine for driving with a revoked license while operating a school bus at $1,000. The current law does not distinguish the offense by type of vehicle driven and the fine is up to $1,000 (Section 302.321). These provisions have an effective date of January 1, 2008. The act is similar to SB 24 (2007) and SB 584 (2006).

FAILURE TO STOP FOR SCHOOL BUSES - This act increases driver's license suspension periods for motorists who fail to stop for school buses that are loading or unloading children. Under the act, the suspension period for a first violation for failing to yield for a school bus is increased from 90 days to 120 days. A second or subsequent violation of the school bus stop provision will result in a 180 day suspension (increased from 120 days). This portion of the act is identical to SB 377 (2007)(Section 304.070).

DRIVEAWAY SADDLEMOUNT COMBINATIONS - This act increases the maximum length for driveaway saddlemount combinations from 75 feet to 97 feet when operated on the interstate highways. This act is identical to SB 51 (2007) and SB 909 (2006)(Section 304.170).

SCHOOL BUS EXEMPTION FROM CHILD PASSENGER RESTRAINT LAW - This act provides that the child passenger restraint law shall not apply to school buses transporting children 4 years of age or older regardless whether such buses are being used for educational, religious or other purposes. The current exemption only applies to school buses used for educational purposes. This portion of the act contains an emergency clause.

SALVAGE SALES - This act provides that motor vehicle sales at salvage pools or salvage disposal sales be open to all potential buyers. The current law limits the sales to licensed salvage dealers (Section 301.218). This provision is contained in HB 567 (2007).

CONSERVATION AGENT/EMERGENCY VEHICLE - This act adds vehicles driven by law enforcement agents of the Department of Conservation to the list of vehicles considered "emergency vehicles". This portion of the act is similar to SB 352 (2007)(Section 304.022).

HIGHWAY PATROL - This act updates several sections of law relating to the operations of the Highway Patrol that are contained in Chapter 43, RSMo. 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, RSMo, 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 divide 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. The highway patrol provisions are also contained in SCS/SB 104 and SB 550 (2007).

MOTOR CARRIER TRANSPORTATION INDEMNITY PROVISIONS - This act makes indemnity agreements in motor carrier transportation contracts which purport to indemnify a party against loss from negligence or intentional acts void and unenforceable. Motor carrier transportation contracts shall not include Uniform Intermodal Interchange and Facilities Access Agreements (section 390.372). This provision is contained in SCS/SB 45 & 39 (2007).

FIREFIGHTER LICENSE PLATE - This act restores a corrected provision dealing with volunteer firefighter and fire district firefighter special license plates that was erroneously omitted by the General Assembly in 2004 (section 301.444).

RESTRICTED LICENSE PLATES - Under this act, any person whose driver's license has been suspended, revoked, or disqualified for a period of not less than 60 days or if the person is denied for alcohol or manslaughter violations under the law, shall immediately surrender his or her current license plates to the director of the department of revenue for destruction. The person shall be issued a set of restricted license plates that are different in color from regular plates which shall be displayed on the motor vehicle or motor vehicles registered solely or jointly in the person's name for the period of the suspension, revocation, denial, or disqualification.

Under the act, law enforcement officers shall have probable cause to stop any vehicle displaying restricted license plates to determine whether the driver of such vehicle has a valid driver's license or a limited driving privilege.

Under the act, a registered owner of a motor vehicle who has been issued restricted license plates may not sell the motor vehicle during the period the vehicle is required to display the plates unless the registered owner applies to the department of revenue for permission to transfer title to the motor vehicle. If the director is satisfied that the proposed sale is in good faith and for a valid consideration, and that the sale or transfer is not for the purpose of circumventing the provisions of the act, the director may certify its consent to the owner of motor vehicle. Any vehicle acquired by the applicant during the period of restriction shall display the restricted license plates (Section 302.305). This portion of the act is similar to SB 580 (2007).

AFFIRMATIVE DEFENSE FOR PROCEEDING THROUGH REDLIGHT WITH A MOTORCYCLE ("DEAD RED")- This act provides that a person operating a motorcycle who enters or crosses an intersection controlled by a traffic-control signal against a red light shall have an affirmative defense to that charge if the person establishes all of the following conditions:

(1) The motorcycle has been brought to a complete stop;

(2) The traffic signal continues to show a red light for an unreasonable time;

(3) The traffic signal is apparently malfunctioning or, if programmed or engineered to change to a green light only after detecting the approach of a motor vehicle, the signal has apparently failed to detect the arrival of the motorcycle; and

(4) No motor vehicle or person is approaching on the street or highway to be crossed or entered or is so far away from the intersection that it does not constitute an immediate hazard.

The affirmative defense applies only to a violation for entering or crossing an intersection controlled by a traffic-control signal against a red light and does not provide a defense to any other civil or criminal action (Section 304.281). A similar provision was contained in SB 614 (2007) and SCS/SB 969 (2006).

MOTORCYCLE HEADLAMP MODULATORS - This act allows a motorcycle headlamp to be wired or equipped to allow either its upper beam or its lower beam, but not both, to modulate from a higher intensity to a lower intensity at a rate of modulation of 200 to 280 cycles per minute. A headlamp modulator installed on a motorcycle with two headlamps shall be wired in a manner to prevent the headlamps from modulating at different rates or not in synchronization with each other. A headlamp modulator installed on a motorcycle shall meet the standards prescribed by federal law (Section 307.100). This provision is also contained in SB 614 (2007).

DWI MEMORIAL SIGN PROGRAM - Under this act, the Department of Transportation shall establish and administer a drunk driving victim memorial sign program. The signs shall be placed at or near the scene of the accident. The signs shall be attached to an existing highway sign, street light, or guard rail. The signs shall be placed upon the state highways in accordance with placement guidelines adopted by the department, and any applicable federal limitations or conditions on highway signage, including location and spacing. The department shall adopt, by rules and regulations, program guidelines for the application for and placement of signs authorized by this section, including, but not limited to, the sign application and qualification process, the procedure for the dedication of signs, and procedures for the replacement or restoration of any signs that are damaged or stolen. Any person may apply to the Department of Transportation to sponsor a drunk driving victim memorial sign in memory of an immediate family member who died as a result of a motor vehicle accident caused by a person who was shown to have been operating a motor vehicle in violation of an alcohol-related traffic law at the time of the accident. Upon the request of an immediate family member of the deceased victim involved in a drunk driving accident, the department shall place a sign in accordance with the provisions of the act. A person who is not a member of the victim's immediate family may also submit a request to have a sign placed under this section if that person also submits the written consent of a victim's immediate family member. The department shall charge the sponsoring party a fee to cover the department's cost in designing, constructing, placing, and maintaining the sign. Signs erected under the act shall remain in place for a period of ten years. After such date, the signs may be renewed for another 10 years after payment of appropriate maintenance fees. The signs developed by the department shall resemble a Missouri license plate and shall feature the words "Drunk Driving Victim!", the initials of the deceased victim and the month and year in which the victim of the drunk driving accident was killed. Under the act, all private roadside memorials or markers commemorating the death of a drunk driving victim are prohibited. No person, other than a Department of Transportation employee or the department's designee, may erect a drunk driving victim memorial sign (Section 227.295)(SA 1). The drunk driving memorial sign program is contained in SB 185 (2007).

COMMERCIAL INSERTS IN MOTOR VEHICLE REGISTRATION NOTICES - This act prohibits commercial inserts or other forms of advertising from accompanying motor vehicle registration notices. This provision is contained in SB 190 (2007)(Section 301.040)(SA 2).

RELEASE OF MOTOR VEHICLE LIENS - This act requires a lienholder to release a motor vehicle lien within 5 business days after the lien has been satisfied. The current law gives the lienholder 10 business days to release the lien. The act also requires the lienholder to notify the Department of Revenue within 5 business days if the certificate of ownership is in the department's possession. The act also increases the fines for noncompliance with the time deadlines. The act imposes a graduated liquidated damages scale with a maximum amount of $2,500 in damages that can be imposed for each lien not timely released. The current law provides for a maximum fine or penalty of $500 for each lien not timely released (section 301.640). This provision is similar to one contained in SB 358 and SB 335 (2007)(SA 5).

MUNICIPAL RED LIGHT VIOLATIONS DETECTED BY AUTOMATED RED LIGHT ENFORCEMENT SYSTEMS - Under this act, all fines that are generated by municipal red light violations that are detected and enforced through automated photo red light enforcement systems shall be deposited in the state school moneys fund (Section 1)(SA 6).

UTILITY VEHICLES - This act defines the term "utility vehicle" as any motorized vehicle manufactured and used exclusively for off-highway purposes which is 63 inches or less in width, has an unladen dry weight of 1,900 pounds or less, travels on four or six wheels, and is used primarily for agricultural, landscaping, lawn care, or maintenance purposes. Under the act, a utility vehicle shall not be operated upon the highways of this state except:

(1) Governmental owned and operated utility vehicles for official use;

(2) Utility vehicles operated for agricultural purposes or industrial on-premise purposes between the official sunrise and sunset;

(3) Utility vehicles operated occasionally by handicapped persons for short distances only on the state secondary roads between the hours of sunrise and sunset;

(4) Utility vehicles which have been issued special permits by a city to be used on highways within the city limits by licensed drivers. The city may impose a $15 fee for such permit; and

(5) Utility vehicles which have been issued special permits by a county to be used on highways within the county limits by licensed drivers. The county may impose a $15 fee for the permit.

No person shall operate a utility vehicle:

(1) In a careless way so as to endanger the person or property of another; or

(2) While under the influence of alcohol or a controlled substance.

No person shall operate a utility 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 utility vehicle on a highway shall have a valid operator's or chauffeur's license. The vehicle shall not be operated at a speed of more than 30 miles per hour on a highway. No operator of a utility vehicle shall carry a passenger, except for agricultural purposes, unless the seat of the utility vehicle is designed to carry more than one person. Utility vehicles are exempt from titling and registration. This portion of the act is substantially similar to SB 347 and HB 397 (2007)(section 304.032)(SA 7).

LICENSE PLATE COVERS - This act provides that license plates may be encased in transparent covers so long as the plates are plainly visible and their reflective qualities are not impaired.

This act is identical to SB 105 (2007) and SB 752 (2006)(section 301.130)(SA 9).

HOUSEHOLD GOOD MOVERS - This act allows common household goods common carriers to file applications to the State Highways and Transportation Commission for approval of rates to reflect increases and decreases in the carrier's costs. The filing of the applications shall be governed by similar rules that govern rate adjustments requested by electrical gas or water companies. The applications shall be made in such form as the commission determines (Section 387.075). The act also repeals the exemption that currently allows intrastate household goods movers to operate wholly in municipalities, between contiguous municipalities, or commercial zones without having to obtain MoDOT operating authority. Currently, household movers are exempt from the rules and regulations of Chapter 390, RSMo, if their operations are restricted to those described areas. The repeal of this exemption will start January 1, 2008 (Section 390.030). The household good mover provisions are similar to the ones contained in SB 45 and SB 39 (2007)(SA 11).

LANGUAGE INTERPRETERS/CDL EXAMINATIONS - This act provides that the director of the Department of Revenue shall neither supply nor permit the use of language interpreters in connection with commercial driver's license examination process (section 302.720). This portion of the act is contained in SB 627)(SA 12).

STOLEN LICENSE PLATE TABS - This act modifies the stolen license plate tabs procedure for obtaining free tabs from the Department of Revenue. Under current law, a person replacing stolen license plate tabs may receive two sets of two license plate tabs for free if the person submits a police report with the application. This act would modify the procedure by requiring any person replacing stolen license plate tabs issued prior to January 1, 2009, to submit a notarized affidavit to that effect. For persons replacing stolen license plate tabs issued on or after January 1, 2009, the person will have to submit a police report with his or her application. This portion of the act is contained in SCS/SB 384 (Section 301.301)(SA 13). This provision of the act contains an emergency clause.

APPLICATION OF OTHER STATE WEIGHT LIMITS - Under this act, any commercial motor vehicle originating within this state traversing to a neighboring state may operate or move such motor vehicle on a state highway within this state with a weight limit that meets but does not exceed the weight limits of the destination state. If the weight limits of the destination state are less than the weight limits of this state, then the weight limits of this state shall apply (section 1)(SA 10).

STEPHEN WITTE