Missouri Senate

House Committee Substitute

AIRCRAFT SALES TAX EXEMPTION - Under current law, purchases of materials, replacement parts and equipment purchased for use directly upon, and for the repair and maintenance or manufacture of aircraft engaged as common carriers of people and property are exempt from state and local sales tax. This act would expand the exemption to apply purchases of materials, replacement parts and equipment purchased for use directly upon, and for the modification, repair, replacement and maintenance of aircraft, aircraft power plants, and aircraft accessories from January 1, 2009, to January 1, 2015 (Section 144.030). This provision is contained in SCS/SB 1049 (2008).

AVIATION TRUST FUND CAP REMOVAL - This act removes the cap on the amount of jet fuels sales taxes that can be deposited into the State Aviation Trust Fund. Under current law, only $6 million generated from jet fuel sales taxes may deposited to the credit of the Aviation Trust Fund (Section 144.805).

COMMERCIAL AIRCRAFT TAXATION - This act modifies the definition of "commercial aircraft" for aircraft taxation purposes. Under the act, the term "commercial aircraft" is now any aircraft fully equipped for flight and of more than 3,000 pounds maximum certified gross take-off weight. Under the current statute, the weight threshold is greater than 7,000 pounds (Section 155.010).

ELECTRONIC BIDDING - Under this act, the Highways and Transportation Commission is authorized to receive bids and bid bonds for any contract for construction, maintenance, repair, or improvement of any bridge or highway on the state highway system electronically via the Internet. At its discretion, the commission may elect to receive both electronic and paper bids, or the commission may specify electronic bidding exclusively for any proposed contract. The act establishes minimum criteria for the electronic bidding program (Section 227.102).

ANNUAL BID BOND - This act provides that the commission is authorized to accept an annual bid bond for its construction and maintenance projects. The commission shall prescribe the form and content of an annual bid bond. This portion of the act is similar to SB 761 & 774 (2008), HB 596 and SCS/SB 52 (2007)(Section 227.103).

CARL EDWARDS DRIVE - This act designates a portion of Missouri Route WW in Boone County as "Carl Edwards Drive" (section 227.396). This provision is contained in SB 1099 (2008).

POLICE OFFICER ROBERT STANZE MEMORIAL HIGHWAY - This act designates a portion of Interstate 44 within St. Louis County as the "Police Officer Robert Stanze Memorial Highway" (Section 227.400).

COMMERCIAL INSERTS PROHIBITION - This act prohibits commercial inserts or other forms of advertising from accompanying motor vehicle registration notices. This portion of the act is identical to SB 890 (2008) and SB 190 (2007)(Section 301.040).

EXEMPTION FROM REISSUANCE REQUIREMENT - This act exempts permanent nonexpiring license plates that are issued to certain commercial motor vehicles and trailers from the new plate design and reissuance requirements that take effect on January 1, 2009 (Section 301.130).

LICENSE PLATES FOR PROPERTY-CARRYING COMMERCIAL MOTOR VEHICLES - Under this act, the option of receiving 2 license plates for any property-carrying commercial motor vehicle is repealed (Section 301.130.3).

DRIVER'S LICENSE AND SCHOOL STANDARDS - This act prohibits the Department of Revenue from issuing a driver's license or a temporary instruction permit to any person 15 to 18 years of age if a public school district submits information to the department that the student is not in compliance with the public school district's eligibility standards. Every public school district must provide the department with a list of the students who are not in compliance at least once a semester. The Department of Elementary and Secondary Education's standards must ensure that a student continues to make educational progress. If an applicant does not achieve the department's standards, his or her driver's license test will be postponed until he or she demonstrates that the standards have been achieved (Sections 302.060, 302.063, 302.171). These provisions are contained in HB 2078 (2008).

SCHOOL BUS ENDORSEMENT FEES - This act waives school bus endorsement renewal fees for applicants 70 years of age or older (Section 302.177 and Section 302.735). This act waives the school bus endorsement examination fee for an applicant 70 years of age or older (Section 302.720).

LEFT-HAND LANE PROHIBITION - This act prohibits trucks registered for a gross weight greater than 48,000 pounds from being driven in the far left-hand lane upon interstates and other highways within the urbanized areas of the state having 3 or more lanes of traffic proceeding in the same direction. The restriction does not apply under certain circumstances (Section 304.015).

RIGHT-HAND LANE CONFINEMENT - Under current law, all vehicles being driven on a highway with 2 or more lanes proceeding in the same direction must be driven in the right-hand lane except when passing another vehicle or when preparing to make a left turn. This act modifies this restriction by making the restriction only applicable to highways having 3 or more lanes proceeding in the same direction (Section 304.015.6).

IDLE REDUCTION TECHNOLOGY - This act provides that the maximum gross vehicle weight limit and axle weight limit for heavy-duty vehicles equipped with idle reduction technology may be increased (up to an additional 400 pounds) to account for the technology. This provision is contained in SB 841 (2008)(Section 304.180).

COMMERCIAL MOTOR VEHICLE INSPECTIONS - This act requires the state patrol to establish a program to approve local law enforcement officers with respect to enforcing commercial motor vehicle laws. The certification procedures approved by the Highway Patrol shall include training, testing, on-the-job experience, data collection and other prescribed components. The certification procedures shall meet the requirements established by the Commercial Vehicle Safety Alliance (CVSA). The Highway Patrol is authorized to establish reasonable fees to recover the costs of training and certification. The act grandfathers law enforcement officers who have received CVSA certification prior to January 1, 2009 (Section 304.232).

Beginning January 1, 2009, only law enforcement officers that have been approved by the Missouri State Highway Patrol under the act, members of the Missouri State Highway Patrol, or commercial vehicle enforcement officers shall have the authority to conduct random roadside examinations or inspections to determine compliance with the commercial motor vehicle weight and size limit laws (Sections 304.170 to 304.230), and only such officers shall have the authority, with or without probable cause to believe that the size or weight is in excess of that permitted by the law, to require the driver, operator, owner, lessee, or bailee, to stop, drive, or otherwise move to a location to determine compliance with the law. A law enforcement officer not certified under the act, however, may stop a vehicle that has a visible external safety defect that could cause immediate harm to the traveling public. In the course of a stop, the law enforcement officer shall identify to the driver the defect that caused the stop. If the vehicle passes the roadside inspection, the law enforcement officer, state highway patrolman, or other authorized person shall issue such vehicle a Commercial Vehicle Safety Alliance inspection decal to be affixed to the vehicle (Section 304.230 and 304.232). These provisions can be found in SB 761 and 774 (2008) and in SCS/SB 484 (2007).

The act also provides that commercial vehicle officers designated as peace officers by the highway patrol shall be vested with the authority to make arrests for commercial vehicle violations (Section 304.230). The act requires such officers to undergo basic training that other peace officers undertake. The act also provides that the superintendent of the highway patrol may appoint members of the patrol who have CVSA certification to conduct commercial vehicle inspections (Section 304.230).

TRAVEL SAFE ZONE - This act doubles the fine imposed for a moving or speeding violation when committed in a designated travel safe zone. A "travel safe zone" is defined as any area upon or around any highway, visibly marked by the Department of Transportation, where a highway safety analysis shows the number of fatal or disabling vehicle crashes exceeds a predicted safety performance level for comparable roadways as determined by the department. In order to assess the fines, the department must have erected signs around the travel safe zone which warn motorists that fines are doubled for speeding and committing other moving violations in the travel safe zone (Section 304.590).

AVIATION TRUST FUND EXPANSION - This act allows $2 million from the Aviation Trust Fund to be used for the study or promotion of expanded domestic or international scheduled commercial service, for the study or promotion of intrastate scheduled commercial service, or to assist airport sponsors participating in a federally funded air service program supporting intrastate scheduled commercial service. The act further requires that there must have been at least $6 million deposited in the fund in the previous calendar year before aviation trust funds can be utilized for these purposes (Section 305.230).

This act allows moneys in the Aviation Trust Fund to be used to assist communities to match federal air traffic control tower cost-share program grants. Under the act, up to $500,000 per year may be used on a ratio of 50% state/50% local to meet the non-federal match requirement. No more than $100,000 per year may be used for any individual air traffic control tower (Section 305.230).

IMPLEMENTATION OF UNIFIED CARRIER REGISTRATION ACT - This act authorizes the State Highways and Transportation Commission to take the necessary steps to implement and administer a state plan to conform with the Unified Carrier Registration Act (UCR Act)of 2005 (section 390.021). This provision is contained in SB 761 & 774 (2008) and SB 200 (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 SB 761 & 774 (2008) and SB 39 (2007).

PRIOR DWI AND INTOXICATION-RELATED OFFENSES - This act attempts to rectify a recent Supreme Court ruling which held that a defendant's prior guilty plea and suspended imposition of sentence in municipal court could not be used to enhance the punishment for the defendant's new intoxication-related traffic offense. This act specifies that a conviction, plea of guilty or a finding of guilty followed by incarceration, a fine, a suspended imposition of sentence, suspended execution of sentence, probation or parole or any combination thereof in any intoxication-related traffic offense in a state, county or municipal court shall be treated as a prior plea of guilty or finding of guilty for purposes of enhanced punishment under Section 577.023 (Section 577.023).

STEPHEN JOHN WITTE