SB 131 Makes numerous changes to provisions relating to the regulation of transportation
Sponsor: Rupp
LR Number: 0996L.06C Fiscal Note: 0996-06N.ORG
Committee: Transportation
Last Action: 5/3/2011 - HCS Voted Do Pass H Rules Pursuant Committee Journal Page:
Title: HCS SCS SB 131 Calendar Position:
Effective Date: August 28, 2011
House Handler: Denison

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Current Bill Summary


HCS/SCS/SB 131 - This act modifies various provisions relating to transportation.

BI-STATE FARE EVASION - This act requires persons convicted of failing to pay a fare for the use of Bi-State Development Agency facilities and conveyances to reimburse the reasonable costs attributable to the enforcement, investigation and prosecution of such offense to the agency (Section 70.441).

HIGHWAY COMMISSION HEARINGS - The act allows the commission to delegate to a designated hearing examiner and/or appeals board the authority to conduct hearings and render final decisions and orders on behalf of it in all contested case administrative hearings that are required by federal or state law (Section 226.131).

ADVANCEMENT OF MONEYS FOR HIGHWAY CONSTRUCTION - Under this act, the state highways and transportation commission may enter into binding highway infrastructure improvement agreements to reimburse or repay any funds advanced by or for the benefit of a county, political subdivision, or private entity to expedite state road construction or improvement. Such highway infrastructure improvement agreements may provide for the assignment of the state highways and transportation commission's reimbursement or repayment obligations in order to facilitate the funding of such improvements. The funds advanced by or for the benefit of the county, political subdivision, or private entity for the construction or improvement of state highway infrastructure shall be repaid by the commission from funds from the state road fund in a manner, time period, and interest rate agreed to upon by the respective parties. The commission may condition the reimbursement or repayment of such advanced funds upon projected highway revenues and may delay repayment of the advanced funds if highway revenues fall below the projections used to determine the repayment schedule or if repayment would jeopardize the receipt of federal highway moneys (Section 226.224).

MEMORIAL HIGHWAY DESIGNATIONS - This act designates a portion of Interstate 40/64 in St. Louis County as the "Missouri State Highway Patrol Sergeant Joseph G. Schuengel Memorial Highway" (Section 227.424). This portion of the act is identical to HB 518 (2011).

This act designates the portion of Interstate 70 from the eastern city limits of Independence west to the Kansas state line as the "Truman/Eisenhower Presidential Highway." The designation is contingent upon the same designation being made by the State of Kansas of the portion of Interstate 70 in Kansas from the Missouri state line west to Abilene, Kansas (Section 227.425). This portion of the act is identical to HB 814 (2011).

This act designates the portion of State Highway 25 from U. S. Highway 412 to State Route U/State Route Z in the counties of Dunklin and Stoddard as the "Representative Otto Bean Jr. Memorial Highway" (Section 227.429). This portion of the act is identical to HB 895 (2011).

This act designates the portion of State Highway 30 from State Route NN north three miles to 1/10 of a mile southwest of old State Highway 30 in Jefferson County as the "SFC Wm. Brian Woods, Jr. Memorial Highway" (Section 227.430). This portion of the act is identical to HB 912 (2011).

SCRAP PROCESSOR/VANPOOL - The act makes technical modifications to the terms "mobile scrap processor", "scrap processor", and "vanpool" as used in Chapter 301 (Section 301.010 and 301.218).

RECREATIONAL OFF-HIGHWAY VEHICLE - The act modifies definition of recreational off-highway vehicle by increasing its maximum width from 60" to 64" (Section 301.010).

FLEET OWNERS - 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).

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 working 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 Class A misdemeanor (Section 301.069).

DISABLED PARKING SPACES - Under the terms of this act, when any political subdivision or owner of private property restripes a parking lot or constructs a new parking lot, one in every four accessible spaces, but not less than one, shall be served by an access aisle a minimum of 96 inches wide and shall be designated "lift van accessible only" with signs that meet the requirements of the federal Americans with Disabilities Act (Section 301.143).

DEPARTMENT INVESTIGATORS - Under the terms of this act, department investigators licensed as peace officers shall be deemed to be peace officers while conducting investigations into matters regarding motor vehicle registrations and any provisions relating to taxes, licenses or fees (Section 301.216).

INSPECTION OF SALVAGE POOL OPERATOR PREMISES - Under the terms of this act, representatives from the Department of Revenue may inspect the premises of salvage pool operators (Section 301.225).

VIN NUMBER/ODOMETER RECORDS - 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) (Section 301.280).

FALSE STATEMENTS VIS-A-VIS MONTHLY SALES REPORTS - 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).

FRAUDULENT PROCUREMENT OF TITLE, PLATES, ETC. - Under this act, if the Director of Revenue or a peace officer has probable cause to believe that a person has obtained a title, license plate, or license plate tab in a fraudulent manner, the person must surrender such items. Failure to surrender such items shall constitute a Class A misdemeanor (Section 301.425).

POLICE CHAPLAIN SPECIAL LICENSE PLATE - This act allows for a special license plate for a member of the International Conference of Police Chaplains who has completed the requirements for basic certification as a police chaplain. To obtain this plate, a person must submit an application to the director accompanied by an affidavit stating his or her identification and certification along with an additional $15 fee. Any person who is lawfully in possession of these plates and resigns, is removed, terminates, or is terminated from the international conference must return the plates to the department director within 15 days (Section 301.483). This provision is also contained in HB 69 (2011).

STAGGERING OF DEALER LICENSES - This act authorizes the director to issue a dealer's license valid for a period of up to two years and to stagger the license periods for administrative efficiency and equalization of workload (Section 301.559).

MISUSE OF DEALER PLATES/SURRENDER OF PLATES - This act allows any law enforcement officer or agent of the department to seize a dealer license plate or certificate of number if the officer or agent has probable cause to believe that it is being misused in violation of law (Section 301.560).

PROCEDURE FOR REVOKING OR SUSPENDING A DEALER'S LICENSE - The act provides that if a motor vehicle dealer who has his or her license suspended refuses to surrender his license and distinctive number license plates, then the department may direct a law enforcement officer to secure possession of the items.

The act establishes a new administrative procedure for revoking or suspending a motor vehicle dealer license in situations that are deemed to present a clear and present danger to the public welfare. For example, the director may suspend or revoke a dealer license under the new procedure if the dealer allows a corporate surety bond or irrevocable letter of credit to expire or be revoked without submitting replacement coverage. Alternatively, the failure to maintain a bona fide established place of business constitutes a ground for suspension or revocation. Suspension or revocation of a license under these grounds shall be administratively processed by the department through evidentiary hearings held by the director or the director's designated agent (foregoes the administrative hearing commission process established for other types of offenses). The act sets forth the administrative procedure and notice requirements for the suspension or revocation of a license (Section 301.562).

MOTOR VEHICLE ADVERTISING STANDARDS - This act clarifies that the terms "free" OR "at no cost" shall not be used in an advertisement if it requires the purchase of a motor vehicle to receive the free item, merchandise or service (Section 301.567).

SALE OF 6 MOTOR VEHICLES OR MORE - This act provides that any person, partnership, corporation, company, or association who violates the state law prohibiting the sale of six or more vehicles in a year without a license shall be guilty of a Class D felony for a second or subsequent violation (Section 301.570).

CRIMINAL INVESTIGATORS OF THE DEPARTMENT OF REVENUE - This act authorizes a criminal investigator of the department who has received a concealed carry endorsement to carry a firearm at all times (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. Licensees shall auction no more than 3% of the total number of vehicles presented for auction which are owned and titled in the name of the licensee or its owners. 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 167 (2011), SB 716 (2010), CCS/SS/SCS/HB 2111 (2010), and HB 979 (2009)(Section 301.580).

FAILURE TO APPEAR IN COURT- Under current law, if a person fails to timely dispose of a traffic ticket, the court will notify the director of revenue of such fact and the director will suspend the offender's driver's license until such time the person settles the matter by paying the fines and applicable court costs. Upon proof of disposition of the charges, and payment of a reinstatement fee, the director will return the license and remove the suspension from the person's driver's record. This act modifies this provision so that a commercial motor vehicle operator or a holder of a commercial driver's license will not be eligible to have such a suspension removed from his or her driving record (Section 302.341). The provisions of this section shall become effective May 11, 2013.

UNIFORM COMMERCIAL DRIVER'S LICENSE ACT - This act adds new definitions to Uniform Commercial Driver's License Act (sections 302.700 to 302.780) and makes modifications to the current statutory definitions relating to commercial driver license requirements. These modifications are made in order to comply with Federal Motor Carrier Safety regulations and support the implementation of the federal rule labeled "Medical Certification Requirements as part of the CDL". The act revises the definition section by adding the following terms:

1) CDLIS driver record;

2) CDLIS motor vehicle record;

3) Commercial driver's license downgrade;

4) Driver applicant;

5) Employee;

6) Endorsement;

7) Foreign;

8) Medical examiner;

9) Medical variance (Section 302.700).

The provisions of this section shall become effective May 11, 2013.

CDL MEDICAL CERTIFICATION COMPLIANCE - This act implements a Federal Motor Carrier Safety Regulation known as "Medical Certification Requirements as part of the CDL". This act requires commercial driver license applicants to complete certain self certifications and submit required medical examiner certification documents when applicable. The act specifies the certification process. Applicants certifying to the operation in nonexcepted interstate or nonexcepted intrastate commerce must provide the state with an original or copy of a current medical examiners certificate. The state is required to maintained such documents for a period of 3 years beyond the date the certificate was issued. The act requires applicants to provide updated medical certificates or variance documents in order to maintain commercial motor vehicle driving privileges. The director must post the medical examiners certificate information onto the CDLIS driver record within 10 calendar days. Under the act, any person who falsifies any information in an application for or an update of medical certification status information shall not be licensed to operate a commercial vehicle or the person's commercial driver's license must be canceled for a period of one year after the director discovers the falsification. This provision is also contained in HB 820 (2011) (Section 302.768). The provisions of this section shall become effective May 11, 2013.

HIGHWAY LANE USAGE BY TRUCKS-The act provides that the driver of a truck registered for a gross weight of over 48,000 pounds is prohibited from driving in the far left-hand lane on all interstate highways in urbanized areas having three or more lanes of traffic in the same direction unless it is reasonably necessary to operate in the left-hand lane in response to an emergency condition or the right or center lane is closed due to construction, maintenance, or repair. Under the terms of the act, any highway signs identifying the lane not to be used by trucks must be covered or hidden during the times of construction or repair within the designated work area and in the two miles preceding the work area. A driver violating this provision will be guilty of an infraction unless the violation causes an immediate threat of an accident in which case he or she will be guilty of a Class C misdemeanor. If an accident results from the violation, the driver will be guilty of a class A misdemeanor. (Section 304.015).

SCHOOL BUS DRIVERS AND TEXT MESSAGING AND CELL PHONE BAN- This act prohibits any person operating a school bus upon a highway or other public roadway in the state who is transporting children at the time from using a hand-held electronic wireless communications device to send, read, or write a text or electronic message or make or take part in a telephone call. These provisions do not apply if the device is being used to report illegal activity, summon medical or emergency help, prevent injury to a person or property, or relay information between a school bus operator and the dispatcher and the device is permanently affixed to the bus; if the bus is lawfully parked or stopped; or if the device is permanently embedded into the design of the bus. Anyone violating the provisions of this act shall be guilty of an infraction which will be deemed a moving violation for the purpose of assessing points against a person's driver's license. Any city or county has the authority to adopt ordinances or regulations that are equivalent to, but not more restrictive than, these provisions (Section 304.054).

USE OF PUBLIC STREETS - This act requires a municipality to allow at least one street, with lawful traffic movement and access from both directions, to be used by commercial vehicles to access any roads in the state highway system (Section 304.120). The act also prohibits any civil action for a public or private nuisance on the basis of an individual or business entity legally using a vehicle on a public street or highway (Section 537.293).

AIRPORT AUTHORITY - This act allows the governing body of Springfield to create an airport authority within its boundaries (Section 305.300).

USING VEHICLES IN LAWFUL FASHION SHALL NOT CONSTITUTE A NUISANCE - This act prohibits any civil action for a public or private nuisance on the basis of an individual or business entity legally using a vehicle on a public street or highway (Section 537.293).

PLUG-IN ELECTRIC DRIVE VEHICLES - This act exempts qualified plug-in electric drive vehicles from the motor vehicle emissions inspection program. The act defines a qualified plug-in electric drive vehicle as a plug-in electric drive vehicle that is made by a manufacturer, has not been modified from original manufacturer specifications, and can operate solely on electric power and is capable of recharging its battery from an on-board generation source and an off-board electricity source (Section 643.315).

STEPHEN WITTE