SB 716 Modifies several provisions of law relating to transportation and the regulation of motor vehicles
Sponsor: Goodman
LR Number: 4074L.04C Fiscal Note: 4074-04N.ORG
Committee: Transportation
Last Action: 4/29/2010 - Referred to Rules Committee pursuant to Rule 25(32)(f) Journal Page: H1182
Title: HCS SB 716 Calendar Position:
Effective Date: Varies
House Handler: Dixon

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Current Bill Summary

HCS/SB 716 - This act modifies various provisions relating to transportation.

BINDING ARBITRATION - This act repeals section 226.095 which currently requires MoDOT to submit to binding arbitration in negligence cases.

REPEAL OF LICENSE PLATE ADVISORY COMMITTEE - This act repeals Section 301.129 which established an advisory committee to develop license plates.

POLITICAL SUBDIVISION CONSTRUCTION BIDDING STANDARDS ACT - The act establishes the Political Subdivision Construction Bidding Standards Act which creates standards for advertising, soliciting, accepting, and rejecting competitive bids and awarding construction contracts of $10,000 or more for political subdivisions that are not covered by a specific federal, state, or local law that is equivalent or stricter in its requirements (Section 67.314). This provision may also be found in HB 2218 (2010).

MISSOURI STATE TRANSIT ASSISTANCE PROGRAM - This act establishes the Missouri State Transit Assistance Program to be administered by the Department of Transportation to provide financial assistance to defray the operating and capital costs incurred by public mass transportation providers. The distribution of any appropriated funds shall be determined by evaluating certain factors of each service provider including population, ridership, cost and efficiency of the program, availability of alternative transportation in the area, and local efforts and tax support (Section 226.195) and SS/SCS/HB 2111 (2010).

BILLBOARDS - This act allows local authorities to adopt regulations regarding billboard size, lighting, and spacing provisions that are more restrictive than state law if they are reasonable, allow for customary industry usage, and comply with the intent of the act. Local regulations cannot have the intent or effect of prohibiting billboards on commercial or industrial property within 660 feet of certain highways. If a court rules that a local regulation is prohibitive, unreasonable, or fails to allow for customary industry usage, the statutory state requirements will apply until a valid ordinance is adopted by the local zoning authority (Section 226.540). This provision can also be found in HB 2097 (2010).

This act imposes various billboard standards to billboards adjacent to Interstate 70 and Interstate 44 during periods of interstate construction (Section 226.541). Under this act, on the date the commission approves funding for any phase or portion of construction or reconstruction of Interstate 70 or Interstate 44, the rules in effect for outdoor advertising on August 27, 1999, shall be reinstated for that section of highway scheduled for construction and there shall immediately be a moratorium imposed on the issuance of state sign permits for new sign structures. Owners of existing signs which meet the requirements for outdoor advertising in effect on August 27, 1999, and the requirements of the federal/state agreement and who voluntarily execute a partial waiver and reset agreement may reset such signs on the same or adjoining property. Such reset agreements shall be contingent upon obtaining any required local approval to reset the sign structure. Any sign which has been reset must still comply with the August 27, 1999, outdoor advertising regulations after it has been reset. Owners of existing signs who elect to reset qualifying signs shall receive compensation representing the actual cost to reset the existing sign. Signs which have been reset under the act must be reconstructed of the same type materials and may not exceed the square footage of the original sign structure. Sign owners may elect to reset existing qualifying signs by executing a partial waiver and reset agreement with the commission. Upon the completion of construction on any section of Interstate 70 or Interstate 44, the moratorium on new permits shall be lifted and the rules for outdoor advertising in effect on the date the construction is completed shall apply to such section of highway. Local zoning authorities may prohibit the resetting of qualifying signs which fail to comply with local regulations, but local authorities which choose to prohibit such resetting shall reimburse the commission the cost to condemn such signs less the cost to reset the sign under the act. This provision can be found in SB 746 (2010).

SHOW-ME HARVEST INITIATIVE - The act establishes the Show-Me Green Initiative which allows persons or entities to submit bids to the Department of Transportation to mow grass or vegetation along state roadways using the person's or entity's own equipment. In addition to receiving monetary compensation for the work, the person or entity will receive hay rights for the portion of the roadway in the contract. The department may enter into contracts with persons or entities to plant and harvest switchgrass or other grasses or produce approved by the department on the right-of-way of any state roadway. These contracts will be for a period of at least five years (Section 226.1120). This provision can be found in HB 1659 (2010) and was contained in HCS/SB 795 (2010).

COUNTY HIGHWAY COMMISSION - Under current law, members of the county highway commission receive $15 per day for the first meeting of the month and $5 for each meeting thereafter during the month. The current law also provides such members a mileage allowance of 8 cents per mile. Under this act, members of the county highway commission who are not also members of the county's governing body shall receive an attendance fee in an amount per meeting as established by the county's governing body. The mileage allowance for those members is changed from 8 cents per mile to the same amount per mile received by the members of the county's governing body (Section 230.220). This provision is also contained in HB 1664 (2010) and SS/SCS/HB 2111 (2010).

PUBLIC MASS TRANSPORTATION SYSTEMS AND TRANSPORTATION DEVELOPMENT DISTRICTS - This act amends the Missouri Transportation Development District Act to explicitly include public mass transportation systems as transportation development district projects. Under current law, owners of property adjacent to a TDD may petition the court to add their property to the district and such property shall be added if the property owners within the district unanimously approve of its addition. Under this act, unanimous approval is not needed to add adjacent property to a TDD formed by a local transportation authority for the purpose of operating a public mass transportation system. Instead, the court shall add the adjacent property listed in the petition upon approval and consent of the district's board of directors (Section 238.208). Under the act, the board of directors for a district formed by local transportation authorities to operate a public mass transportation system shall consist of not less than 3 nor more than 5 persons appointed by the chief executive officers of each local transportation authority (Section 238.220). The directors appointed by the chief executive officers may be removed by such officers at any time with or without cause (Section 238.220). Under the act, the state highways and transportation commission is prohibited from appointing advisers to the boards of directors of transportation development districts formed to operate public mass transportation systems (Section 238.220). Under the act, districts formed by local transportation authorities for the purpose of operating a public mass transportation system do not have to submit their project plans to the state Highways and Transportation Commission (Section 238.225). The act provides that real property taxes for transportation development districts shall not be considered "payment in lieu of taxes" as that term is defined in the Real Property Tax Increment Allocation Redevelopment Act. In addition, the tax revenues derived from such property taxes are not subject to allocation under the Real Property Increment Allocation Redevelopment Act (Section 238.232). The act provides that the sales tax for a district formed by a local transportation authority for the purpose of operating a public mass transportation system shall not be considered economic activity taxes as used in the TIF statutes and that the tax revenues are not subject to allocation by the TIF statutes. The act also creates a special fund known as the "Transportation Development District Sales Tax Trust Fund" to deposit the sales tax revenues generated by these types of transportation development districts (Section 2388.236). These provisions may be found in SB 640 (2010).

OVERTAKING A BICYCLE - This act requires a motor vehicle driver, when overtaking bicycle, to pass safely at a distance of not less than 3 feet (Sections 300.411 and 304.678).

TRANSPORTATION DEFINITIONS - The act makes technical modifications to the terms "scrap processor" and "vanpool" as used in Chapter 301 (Section 301.010 and 301.218). The act also modifies definition of recreational off-highway vehicle by increasing its maximum width from 60" to 64" (Section 301.010). These provisions can also be found in SS/SCS/HB 2111 (2010).

FLEET VEHICLES - Under this act, a fleet owner of at least 50 fleet vehicles may apply for fleet license plates bearing a company name or logo. Under current law, any fleet owner could apply these types of plates regardless of how many fleet vehicles he or she owned (Section 301.032). This provision can also be found in SS/SCS/HB 2111 (2010).

DRIVEAWAY LICENSE PLATES - This act places additional restrictions on the use of driveaway license plates. Under this act, driveaway license plates shall only be used by owners, corporate officers, or employees of the business to which the plates were issued. Under the act, an applicant for a driveaway plate must provide certain information such as the business name, address, and driver license number. The applicant must provide proof of financial responsibility. In addition, the applicant must provide a picture of his or her place of business. The applicant must maintain a landline telephone at his or her place of business during the registration period. The act makes the use of a revoked driveaway license plate a misdemeanor (Section 301.069). This provision can also be found in SS/SCS/HB 2111 (2010).

PROPERTY-CARRYING COMMERCIAL MOTOR VEHICLE PLATES - Under this act, an applicant may receive two license plates for any property-carrying commercial motor vehicle, rather than the standard issuance of one plate, by paying an additional $15 fee. This provision is contained in SB 794 (2010)(Section 301.130).

PHYSICIAN ASSISTANTS - This act adds physician assistants to the list of other authorized health care practitioners that may furnish a physician's statement to obtain disabled license plates or placards (section 301.142).

The act makes a technical change regarding amateur radio license plates (sections 301.144).

NOTIFICATION OF SALE - This act removes the salvage title exclusion from the requirement of a seller to notify the Department of Revenue within 30 days of a sale. Thus, a seller of a motor vehicle with a salvage title must notify the department (Section 301.196).

RETENTION OF CERTAIN MOTOR VEHICLE RECORDS BY DEALERS - Under this act, motor vehicle dealers and public garage operators must maintain a record of a vehicle's VIN number, odometer settings and other information for a period of 5 years (current law is 3 years). Under this act, any person who makes a false statement in a monthly sales report to the Department of Revenue is guilty of a class A misdemeanor (Section 301.280).

CORRECTIONAL ENTERPRISES AND PRODUCTION OF TABS - This act will allow correctional enterprises to continue making tabs for the Department of Revenue (under current law this power is set to expire on January 1, 2011)(Section 301.290).

FRAUDULENT USE OF DRIVER'S LICENSES, PLATES, TITLES ETC. - Under this act, if the Director of Revenue reasonably believes a person has obtained a title, license plate, or license plate tab in a fraudulent manner, the person must surrender such items. A failure to do so constitutes a Class A misdemeanor (Section 301.423). Under this act, it is unlawful for any person to display, or to have in his or her possession, any nondriver identification card knowing that the card is fictitious or to have been canceled, suspended, revoked, disqualified or altered. Similarly, the act makes it unlawful for a person to lend or knowingly permit the use of nondriver identification card that is fictitious. The current law only applies to the fraudulent display, possession or use of a license (Section 302.220). This act ties the statute of limitations for a prosecution for making a false statement on a driver's license application to the discovery of the statement's falsity, rather than the time when the statement was made. A prosecution for a person who makes a false statement on a driver's license application may commence one year after the director first discovers the falsity of the statement or affidavit, however no prosecution shall commence more than 6 years after the statement or affidavit was made (Section 302.230). These provisions of the act can be found in SB 837 (2010) and the perfected version of SB 781 (2010). These provisions can also be found in SS/SCS/HB 2111 (2010).

MOTOR VEHICLE DEALER AND LANDLINES - The act removes the requirement that a motor vehicle dealer maintain a landline (section 301.560).

TRAILER DEALERS - The act also exempts trailer dealers from furnishing copies of current dealer garage liability insurance policies when applying for a trailer dealer license (Section 301.560). This provision of the act is identical to the one contained in SB 464, SB 357 and HB 365 (2009).

PUBLIC MOTOR VEHICLE AUCTION - The act allows a public motor vehicle auction to sell motor vehicles through an internet auction without the services of a licensed auctioneer. A public motor vehicle auction may auction motor vehicles that are not located at its licensed place of business through the Internet (section 301.561).

The act also makes technical changes to various sections contained in Chapter 301 (Section 301.562 and Section 301.567).

OPERATING AS A MOTOR VEHICLE DEALER WITHOUT A LICENSE - Under this act, a second or subsequent violation of operating as a motor vehicle dealer without a license is a class D felony (Section 301.570).

ABANDONED DEALER BUSINESS - This act allows the Department of Revenue to revoke a dealer license when the director determines that the dealer's place of business is uninhabited or abandoned (Section 301.572).

SPECIAL EVENT MOTOR VEHICLE AUCTION LICENSE - This act allows the Department of Revenue to issue a special event motor vehicle auction license to an applicant for the purpose of auctioning motor vehicles if 90% or more of the vehicles are at least 10 years old or older. Auctions can be held for no more than three consecutive days, but no more than two times in a calendar year by the same licensee.

A report must be sent to the director within 10 days of the conclusion of the special event motor vehicle auction on a department-approved form specifying the make, model, year, and vehicle identification number of every vehicle included in the auction. Anyone violating this provision will be guilty of a Class A misdemeanor and will be charged a $500 administrative fee payable to the department for each vehicle auctioned in violation of this provision.

A special event motor vehicle auction will be considered a public motor vehicle auction for purposes of licensing and inspection of certain documents and odometer readings; however, the licensee will not be required to have a bona fide established place of business.

Applications to hold a special event motor vehicle auction must be received by the department at least 90 days prior to the event. Applicants must be registered to conduct business in this state, pay a licensing fee of $1,000, and be bonded or have an irrevocable letter of credit in the amount of $100,000. Applicants will be responsible for ensuring that a sales tax license or special event sales tax license is obtained if required. The special event motor vehicle auction license provision is contained in SB 716 (2010), SS/SCS/HB 2111 (2010) and HB 979 (2009)(section 301.580).

SELLING OF DRIVER'S LICENSE INFORMATION FOR COMMERCIAL PURP0OSES - Under current law, the sale of driver's license application information to other organizations or states for commercial purposes is prohibited without the express permission of the driver's license applicant. This act specifies that "commercial purposes" shall not include driver's license application information used, compiled, or obtained solely for purposes expressly allowed under the Missouri or federal Drivers Privacy Protection Act (Section 302.183). This provision is also contained in HB 2161 (2010) and SS/SCS/HB 2111 (2010).

MACKS CREEK LAW -This act modifies the "Macks Creek" law. Under current law, if any city receives more than 35% of its annual gross general operating revenue from fines and court costs for traffic violations occurring on state highways, all revenues in excess of the 35% threshold are distributed to the county schools. This act provides that traffic violations shall include moving and nonmoving violations and any moving violations that are pled or amended to nonmoving violations (Section 302.341). This provision may also be found in the perfected version of SB 781 (2010) and SS/SCS/HB 2111 (2010). .

NONRESIDENT FINANCIAL RESPONSIBILITY - Under this act, a nonresident shall not operate a motor vehicle in Missouri unless the nonresident maintains financial responsibility which conforms to the requirements of the laws of the nonresident's state of residence. A nonresident who fails to maintain financial responsibility is guilty of a Class C misdemeanor (Sections 303.025 and 303.080). These provisions can be found in SCS/SB 902 (2010)and the perfected version of SB 781 (2010). Similar provisions can also be found in the truly agreed to version of SB 583 (2010).

TOWING AND STORAGE CHARGES - Under this act, towing and storage charges must be not be excessive. Complaints regarding allegations of excessive storage charges shall be reported to the attorney general for investigation, review, and determination. A determination that storage charges are excessive shall constitute an unlawful trade practice as provided in section 407.020 (section 304.161).

LEFT LANE TRUCK PENALTY - This act increases the penalty for left lane truck violations in St. Charles County from an infraction to a class C misdemeanor. If the left lane violation causes the immediate threat of an accident, the penalty is increased from a Class C misdemeanor to a class B misdemeanor (Section 304.705). This provision may also be found in the perfected version of SB 781 (2010) and SS/SCS/HB 2111 (2010).

BOATING IDENTIFICATION CARDS - Currently, persons born after January 1, 1984 or who have committed certain boating offenses, must have a boating safety identification card issued by the Water Patrol in order to operate a boat on a lake in Missouri. This act would allow such individuals to have, as an alternative to the identification card, a Missouri driver's or non-driver's license with an endorsement showing that he or she has met the safety requirements of this provision. This act also removes the requirement that Water Patrol inform other states of these provisions (Section 306.127).