Missouri Senate

House Amendment

SERGEANT JOE C. SPECKER MEMORIAL HIGHWAY - This act designates a portion of Interstate 70 in Lafayette County as the "Sergeant Joe C. Specker Memorial Highway" (Section 227.428).

WINNING WOMEN SPECIAL LICENSE PLATE - This act changes the name of the Missouri Women's Council special license plate to the WINNING WOMEN special license plate. Emblem-use authorization fees must be submitted to Winning Women rather than the Friends of the Missouri Women's Council (Section 301.3084).

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).

PROOF OF PAYMENT OF PROPERTY TAXES IN ORDER TO MOVE MANUFACTURED HOME - This act prohibits the issuance of oversize permits to manufactured home owners unless the owners pay all applicable property taxes on the manufactured homes. The manufactured home owner must carry a receipt from the county collector showing all property taxes have been paid on the home at all times during the manufactured home is transported (Section 304.200).

REGULATION OF HOUSEHOLD GOODS MOVERS - This act modifies provisions relating to the regulation of household goods movers. These provisions are similar to the ones contained in HB 430 (2011).

Under the terms of this act, household goods movers will no longer have to file their schedule of rates, fares and charges with the state highways and transportation commission. A household goods mover must maintain and publish its schedules of rates, fares, rules, and charges in its stations and offices. Such rates shall be available for inspection by the commission, shippers, and the public (Sections 387.040 and 387.050).

This act prohibits household goods movers from participating in joint tariffs. The act allows joint tariffs relating to the transportation of household goods over through routes or in interline service involving two or more separate motor carriers. Carriers of household goods participating in through routes or interline service shall publish joint tariffs or individual tariffs for each participating carrier (no longer have to file joint tariffs with the commission). In addition, household goods movers will no longer be required to file sworn copies of every contract with other motor carriers with the commission (Sections 387.080 and 390.116).

Under current law, household goods carriers are prohibited from using schedules of rates that divide the state into territorial rate areas. This act removes this restriction (Section 387.110).

Under the terms of this act, the commission no longer has the authority to fix rates with reference to the transportation of household goods. Rates published by household goods movers are presumed to prima facie lawful (Section 387.207)

Under this act, all rate orders issued by the commission affecting the transportation of household goods, to the extent such rate orders prescribe any minimum or maximum rates for the transportation of such goods, shall be vacated. Other provisions contained in the rate orders unrelated to prescribing maximum or minimum rates shall not be vacated (Section 387.355).

The act eliminates the requirement that household goods or non charter passenger carriers demonstrate that their proposed service will serve a useful present or future public purpose when applying for a certificate of authority or permit. Concomitantly, applicants for household goods or passenger certificates or permits will not have to satisfy the public convenience and necessity test when proposing a new service, an extension of existing service, or a transfer of authority. An applicant for a household goods or passenger certificate of authority or permit will have to show that they are fit, willing, and able to perform the service, and that they will conform to other standards established by law.

Under this act, the commission shall not restrict any certificate or permit authorizing the transportation of household goods or passengers with reference to any route or routes (Sections 390.051 and 390.061).

Under this act, any geographic restriction or provision limiting a household goods carrier's scope of authority to particular routes within this state contained in a certificate or permit, or both, which was issued prior to August 28, 2011, and any similar provision contained in a carrier's tariff schedule filed prior to such date, shall be deemed void. In lieu of the geographic restrictions expressed in such certificates, permits, or tariff schedules, a motor carrier shall be authorized to provide intrastate transportation of household goods between all points and destinations within the state until such time the certificates, permits, and tariff schedules are reissued or amended to reflect the motor carrier's statewide operating authority. Under the act, nothing shall be construed as exempting carriers transporting passengers within the jurisdiction exercised by the regional taxicab commission from the provisions of the Regional Taxicab District Act (Section 390.280).

Beginning August 28, 2011, no certificate of authority or permit shall be issued or renewed unless the applicant demonstrates that the applicant has workers' compensation insurance coverage that complies with Missouri law for all its employees. If any household goods carrier is found by the Division of Workers' Compensation to be out of compliance with the workers' compensation law, the division shall report such fact to the state Highways and Transportation Commission. The commission shall suspend the household goods carrier's certificate or permit until such time the carrier demonstrates that it has procured workers' compensation insurance coverage (Section 390.054).

This act requires the commission to establish consumer protection requirements for motor carriers transporting household goods in intrastate commerce (Section 387.137 ).

This act requires the Division of Motor Carriers to develop a complaint process. The complaint process shall keep a record for each complaint and shall record findings made at each step of the complaint process, provide an explanation for a complaint dismissal, and provide other information (Section 387.139).

STEPHEN WITTE

HA 1 - CHANGES THE LANGUAGE IN THE BREAST CANCER AWARENESS LICENSE PLATE.

HA 3 AND HA 1 TO HA 3 - HIGHWAY WEIGHT LIMITS - THIS ACT BROADENS THE 85,500 LIVESTOCK WEIGHT EXEMPTION TO ALL HIGHWAYS. UNDER THE ACT, THE TOTAL GROSS WEIGHT OF ANY VEHICLE OR COMBINATION OF VEHICLES HAULING LIVESTOCK OR AGRICULTURAL PRODUCTS MAY BE AS MUCH AS, BUT SHALL NOT EXCEED, 85,500 POUNDS (CURRENT LAW ONLY APPLIES TO SPECIFIED HIGHWAYS). THE ADDITIONAL WEIGHT LIMIT SHALL NOT APPLY TO VEHICLES OPERATED ON THE DWIGHT D. EISENHOWER SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS (SECTION 304.180)

HA 4 - RECREATIONAL OFF-HIGHWAY VEHICLE - THE ACT MODIFIES THE DEFINITION OF RECREATIONAL OFF-HIGHWAY VEHICLE BY INCREASING ITS MAXIMUM WIDTH FROM 60" TO 64" (SECTION 301.010).

HA 5 - HIGHWAY DESIGN-BUILD CONTRACTS - THIS ACT AUTHORIZES THE STATE HIGHWAYS AND TRANSPORTATION COMMISSION TO ENTER INTO AN ADDITIONAL DESIGN-BUILD CONTRACT FOR THE IMPROVEMENT OF THE BRIDGE ON US40/I-64 LOCATED IN ST. LOUIS COUNTY AND ST. CHARLES COUNTY (DANIEL BOONE BRIDGE). THE ACT ALSO EXTENDS THE SUNSET DATE FOR THE COMMISSION TO ENTER INTO DESIGN-BUILD PROJECT CONTRACTS. UNDER CURRENT LAW, THE COMMISSION'S AUTHORITY TO ENTER INTO DESIGN-BUILD PROJECTS EXPIRES ON JULY 1, 2012. THIS ACT EXTENDS THE DATE TO JULY 1, 2018 (SECTION 227.107). THE ACT ALSO LIMITS THE TOTAL AMOUNT OF DESIGN-BUILD CONTRACTS AWARDED BY THE COMMISSION IN ANY STATE FISCAL YEAR TO NO MORE THAN 2% OF THE TOTAL NUMBER OF ALL STATE HIGHWAY SYSTEM PROJECTS AWARDED TO CONTRACTS FOR CONSTRUCTION FROM PROJECTS LISTED IN THE COMMISSION'S APPROVED STATEWIDE TRANSPORTATION IMPROVEMENT PROJECT FOR THAT STATE FISCAL YEAR. A SIMILAR PROVISION IS ALSO CONTAINED IN THE PERFECTED VERSION OF SB 133 (2011)

HA 6 - INTOXICATION-RELATED TRAFFIC OFFENSES - CURRENT STATE LAW (SECTION 302.309.3(2)) ALLOWS COURTS AND THE DEPARTMENT OF REVENUE TO ISSUE LIMITED DRIVING PRIVILEGES TO ALLOW REPEAT OFFENDERS TO DRIVE A MOTOR VEHICLE TO: (1) A BUSINESS, OCCUPATION OR EMPLOYMENT; (2) MEDICAL TREATMENT; (3) SCHOOL; (4) ALCOHOL OR DRUG TREATMENT PROGRAMS; (5) AN IGNITION INTERLOCK PROVIDER FOR REQUIRED SERVICE; AND (6) OTHER CIRCUMSTANCES THE COURT OR THE DEPARTMENT FINDS WOULD CREATE AN UNDUE HARDSHIP. HOWEVER, FOR PURPOSES OF FEDERAL TRANSPORTATION FUNDING, FEDERAL LAW (23 USC §164) ONLY ALLOWS THE ISSUANCE OF A LIMITED DRIVING PRIVILEGE IN CONNECTION WITH: (1) WORK; (2) ATTENDING SCHOOL; (3) ATTENDING ALCOHOL TREATMENT PROGRAMS; AND (4) SEEKING THE REQUIRED SERVICES OF AN IGNITION INTERLOCK PROVIDER. IN ORDER TO COMPLY WITH FEDERAL LAW, SECTION 302.309.3(2) MUST BE AMENDED SO THAT A REPEAT OFFENDER LIMITED DRIVING PRIVILEGE MAY ONLY BE GRANTED FOR THE FOUR PURPOSES AUTHORIZED BY SECTION 164. UNDER THE TERMS OF THIS ACT, THE COURTS AND THE DEPARTMENT WILL ONLY BE ABLE TO ISSUE LIMITED DRIVING PRIVILEGES TO REPEAT OFFENDERS FOR THE PURPOSE OF DRIVING TO OR FROM THE OPERATOR'S PLACE OF EMPLOYMENT, ATTENDING SCHOOL, ATTENDING ALCOHOL OR DRUG TREATMENT PROGRAMS, AND SEEKING THE SERVICES OF A CERTIFIED IGNITION INTERLOCK DEVICE PROVIDER. LIMITED DRIVING PRIVILEGES MAY NOT BE GRANTED FOR SEEKING MEDICAL TREATMENT OR OTHER CIRCUMSTANCES THAT CREATE UNDUE HARDSHIPS FOR THE DRIVER

CURRENT MISSOURI LAW (SECTION 577.023) ALLOWS PRIOR AND PERSISTENT OFFENDERS TO PARTICIPATE IN AND SUCCESSFULLY COMPLETE A DWI COURT IN LIEU OF JAIL TIME OR COMMUNITY SERVICE. A PRIOR OR PERSISTENT OFFENDER MAY ESCAPE THE STATUTORY MINIMUM DAYS OF IMPRISONMENT BY PERFORMING COMMUNITY SERVICE OR SUCCESSFULLY COMPLETING A DWI COURT PROGRAM. FEDERAL LAW, HOWEVER, DOES NOT AUTHORIZE DWI COURTS AS AN ALTERNATIVE TO MANDATORY JAIL OR COMMUNITY SERVICE. UNDER THE TERMS OF THIS ACT, PRIOR AND PERSISTENT OFFENDERS MAY AVOID THE MINIMUM DAYS OF IMPRISONMENT BY PERFORMING COMMUNITY SERVICE AND COMPLETING A DWI COURT PROGRAM, IF SUCH PROGRAM IS AVAILABLE. THE DWI COURT PROGRAM OR OTHER TREATMENT PROGRAM MUST INCLUDE THE MINIMAL PERIODS OF COMMUNITY SERVICE

HA 7 - SPRINGFIELD AIRPORT AUTHORITY - THIS ACT ALLOWS THE CITY OF SPRINGFIELD TO CREATE AN AIRPORT WITHIN ITS BOUNDARIES (SECTION 305.300).

HA 8 - 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 TO PUBLIC MASS TRANSPORTATION SERVICE PROVIDERS 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). THIS PROVISION IS CONTAINED IN THE PERFECTED VERSION OF HB 484 (2011)

HA 10 - TDD ACT AND MASS TRANSPORTATION PROJECTS - THIS ACT MODIFIES THE "MISSOURI TRANSPORTATION DEVELOPMENT DISTRICT ACT" TO INCLUDE PUBLIC MASS TRANSPORTATION PROJECTS(SECTION 238.202). THE AMENDMENT ALSO ALLOWS TRANSPORTATION DEVELOPMENT DISTRICTS LOCATED WITHIN KANSAS CITY TO INCLUDE THE OPERATION OF STREET CARS OR OTHER RAIL-BASED OR FIXED GUIDEWAY PUBLIC MASS TRANSPORTATION SYSTEMS. THE AMENDMENT FURTHER PROVIDES THAT DISTRICTS FORMED FOR PUBLIC MASS TRANSPORTATION SYSTEM PROJECTS SHALL NOT HAVE TO SUBMIT THE PROPOSED PROJECT TO THE STATE HIGHWAYS AND TRANSPORTATION COMMISSION FOR ITS PRIOR APPROVAL (SECTION 238.225). IN ADDITION, THE AMENDMENT PROVIDES THAT THE SALES TAXES IMPOSED BY A DISTRICT WHOSE PROJECT IS 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 (SECTION 238.235)

HA 11 - 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). THIS PROVISION IS ALSO CONTAINED IN SB 347 AND HB 857 (2011)

HA 12 - WINDOW STICKERS THIS ACT REQUIRES A WINDOW STICKER TO BE PLACED ON THE INSIDE FRONT WINDSHIELD OF A MOTOR VEHICLE TO SHOW THE CURRENT REGISTRATION INSTEAD OF THE CURRENT LICENSE PLATE TAB. A TAB, INSTEAD OF A WINDOW STICKER, WILL BE ISSUED FOR A MOTORCYCLE OR TRAILER REGISTRATION (SECTIONS 136.055, 301.032, 301.130, 301.140, 301.160, 301.290, 301.300, 301.301, AND 301.302). THESE PROVISIONS ARE CONTAINED IN HB 291 (2011)