Missouri Senate

House Amendment

MINIMAL YELLOW LIGHT STANDARDS - This act requires the Department of Transportation to establish minimal yellow light change interval times for traffic-control devices. The minimal yellow light change interval time shall be established in accordance with nationally recognized engineering standards set forth in the Manual on Uniform Traffic Control Devices, and any such established time shall not be less than the recognized national standard. This portion of the act is identical to SB 212 (2011) (section 304.289).

MOVE OVER LAW - This act amends Missouri's move over law so that drivers of motor vehicles approaching stationary emergency vehicles or vehicles owned by the commission and operated by Department of Transportation employees displaying amber or amber and white lights shall proceed with caution by making a lane change away from the stationary vehicle, if possible. The act further modifies the definition of "emergency vehicle" to include any vehicle owned by the commission and operated by a Department of Transportation employee that is marked as an emergency response or motorist assistance vehicle (Section 304.022). This provision is also contained in SB 586 (2012) and HB 1040 (2012) (Section 304.022)(HA 1).

USE OF MUNICIPAL STREETS - Under current law, municipalities may enact ordinances that limit the use of certain designated streets to passenger vehicles. This act modifies this authorization by requiring municipalities to allow at least one street, with lawful traffic movement and access from both directions, to be available for use by commercial motor vehicles to access any roads in the state highway system. No municipality may pass an ordinance that denies the use of commercial motor vehicles on all streets within the municipality. This provision may be found in SB 656 and SCS/HCS/HB 1402 (2012)(Section 304.120)(HA 3).

USE OF PUBLIC STREETS NOT TO CONSTITUTE BASIS FOR NUISANCE ACTION - Under this act, the use of motor vehicles on a public street or highway in a manner which is legal under state and local law shall not constitute a public or private nuisance, and shall not be the basis of a civil action for public or private nuisance. No individual or business entity shall be subject to any civil action in law or equity for a public or private nuisance on the basis of such individual or business entity legally using motor vehicles on a public street. Any actions by a court to enjoin the use of a public street or highway and any damages awarded or imposed by a court, or assessed by a jury, against an individual or business entity for public or private nuisance in violation of this act shall be null and void. This portion of the act is similar to a provision found in SB 656, SCS/HCS/HB 1402 (2012) and SB 277 (2012)(Section 537.293) (HA 3).

EXEMPTION FROM MOTOR FUEL TAX FOR WATERCRAFT - This act authorizes an exemption for motor fuel used exclusively in any watercraft in this state from the motor fuel tax and the sales and use tax. The act specifically provides that no motor fuel tax can be imposed or levied on any motor fuel delivered to any marina or other retailer within this state who sells the fuel solely for use in any watercraft in this state (Section 142.815). This provision is similar to the one contained in HB 1310 (2012). The act also provides that all sales of motor fuel used in any watercraft is exempt from state and local sales tax (Section 144.030)(HA 8).

WEIGHT LIMITATIONS ON CERTAIN HIGHWAYS - Under current law, the total gross weight of a vehicle or combination of vehicles hauling livestock on U. S. Highway 36 from St. Joseph to U. S. Highway 65 and on U. S. Highway 65 from the Iowa state line to U. S. Highway 36 cannot exceed 85,500 pounds. This act removes the references to the specified highways and expands the weight limitation to agricultural products so that any vehicle or combination of vehicles hauling livestock or agricultural products (excluding local log trucks) may have a total gross weight not to exceed 85,500 pounds on any highway of this state. The expanded gross weight limits shall not apply to vehicles operated on the interstates and on the Dwight D. Eisenhower System of Interstate and Defense Highways. Any vehicle hauling greater than 80,000 pounds must apply annually for a permit from the Department of Transportation and pay a $25 fee. Upon renewal, the applicant must submit a list of roads traveled and the number of miles traveled on each road during the year. The act also allows a vehicle weighing 85,500 pounds or less to haul milk from a farm to a processing facility on highways other than the interstate highway system (Section 304.180). This provision is contained in HB 1212 (2012)(HA 2).

CENTENNIAL BUSINESS DESIGNATIONS - This act requires the Department of Transportation to designate a sign at 1078 South Jefferson Street in the City of Lebanon recognizing the Independent Stave Company as a centennial business. The cost of erecting the sign and its maintenance are to be paid by private donations. This provision is similar to one contained in HB 1880 (2012)(Section 1). The act further requires the Department of Transportation to designate a sign at 111 West Broadway in Bolivar recognizing "Douglas, Haun, and Heidemann, P.C.." as a centennial business, with the costs of such designation to be paid by private donations (section 2)(HA 6).

COLLECTION OF STATE MONEYS - This act modifies laws regarding the collection of moneys owed to the state. The act authorizes the Director of Revenue to choose to send certain documents by first class mail, if the director sent at least one notice of deficiency or assessment by certified mail to the last known address.

The Director of the Department of Revenue is authorized to retain one percent of the amount of any local sales or use taxes collected by the department for the cost of collection.

Beginning January 1, 2013, a statement of no tax due will be required for the issuance or renewal of all city and county occupation licenses as well as all state licenses required to conduct business. Such statement must be dated not more than ninety days from the date of application for license to be valid. Instead of requiring the statement of no tax due, the Director of Revenue is required to enter into an agreement with any state agency responsible for issuing any state license requiring the agency to provide the department with the name and tax identification number of each applicant for licensure within one month of the date the application is filed or at least one month prior to the anticipated license renewal. If an applicant is delinquent on any taxes, the department director must send a notice to the licensing agency and the applicant. An applicant's license must be suspended within 90 days after the notice unless: the taxes are paid; an arrangement has been made with the department to pay the taxes; the taxes were paid under protest; or the tax liability is found to be reasonably disputed.

The act provides taxpayers with amnesty from the assessment or payment of all penalties, additions to tax, and interest on delinquencies of unpaid taxes administered by the department which occurred on or prior to December 31, 2011. To receive amnesty under the act, a taxpayer must: apply for amnesty; file a tax return for each tax period for which amnesty is requested; pay the unpaid taxes in full from August 1, 2012, to October 31, 2012; and agree to comply with state tax laws for the next eight years from the date of the agreement. All new revenues resulting from the tax amnesty program will be deposited into the General Revenue Fund unless otherwise earmarked by the Missouri Constitution or by state statute.

The Director of the Department of Revenue and the Commissioner of the Office of Administration may enter into a reciprocal agreement with the federal government or any other state to offset vendor and contractor payments for any type of debt owed to the state. Currently, the department has a reciprocal agreement with the United States Treasury to offset income tax overpayments.

State agencies, community college districts, and state and municipal courts may refer any debt owed to them to the Department of Revenue for collection. The department and the referring state agency may exchange necessary information but must comply with federal and state laws regarding the confidentiality of information and records. The department may compromise any referred state debt and use all general remedies afforded creditors of Missouri, remedies specific to the referring state agency, and remedies afforded the state in general.

The department can employ staff, attorneys,, prosecuting attorneys, and private collection agencies to aid in the collection of debt. The department must add 10% to the amount of debt to be collected for the cost of collection which may be waived under certain conditions. Collections costs shall be deposited in state general revenue.

Anyone making a claim or having a judgment under the provisions of the State Legal Expense Fund must have a no-tax due statement from the department before any moneys can be expended from the fund for the settlement of any liability claim. The act allows an offset from the State Legal Expense Fund to satisfy any delinquent tax debt owed before payment is made to the person. Payments of $10,000 or less from the fund for property damage claims are not required to have a no-tax due statement.

The director of revenue may issue an administrative garnishment once he or she has filed a certificate of lien in the circuit court for delinquent income or sales or use taxes. Any person receiving this order must turn over any of the taxpayer's assets in his or her possession and any assets that are to become due the taxpayer including wages, salaries, commissions, bonuses, workers' compensation benefits, disability benefits, pension or retirement payments, and interest less a fee to cover costs of no more than $6 per month. The taxpayer may obtain relief from the garnishment by paying the total amount owed.

This act also modifies the procedures for seeking a refund of sales taxes, penalties, or interest collected or computed in error or illegally. The Director of Revenue is required to hold a refund claim unprocessed at a taxpayer's request pending the outcome of legal proceedings on the same or similar grounds or transactions. A purchaser is allowed to submit a claim for a refund of the sales tax directly to the Director of Revenue. The purchaser is allowed to appeal the decision to deny a refund within sixty days of the date the notice of denial is mailed. A decision of the director to deny a refund claim based solely on the issue of the exemption of the electronic transmission or delivery of computer software that occurred on or after January 1, 2007 will be appealable by the purchaser, if the purchaser appealed by September 28, 2012.

The provision regarding tax amnesty has an emergency clause.

These provisions of the act are similar to provisions contained in HB 1030 (2012), HB 116 (2011) and HCS/SB 117 (2011)(Sections 32.028, 32.058, 32.087, 32.088, 32.383, 32.385, 32.410, 32.420, 32.430, 32.440, 32.450, 32.460, 105.716, 140.910, and 144.190) (HA 5).

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 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). This provision is also contained in the perfected version of SB 443 (2012), SCS/HCS/HB 1402 (2012), and the truly agreed to version of HB 430 (2011) and HCS/HB 818 (2011)(HA 7).

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 current definitions relating to commercial driver license requirements 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). This provision is also contained in the perfected version of SB 443 (2012) and the truly agreed to version of HB 430 (2011) and in HCS/HB 818 (2011)(HA 7).

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 to the driver record within 10 calendar days of receipt and the information will become part of the CDLIS driver record. 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 the perfected version of SB 443 (2012), SCS/HCS/HB 1402 (2012), and the truly agreed to version of HB 430 (2011), HCS/HB 818 (2011) and HB 820 (2011) (Section 302.768)(HA 7).

The CDL medical certification compliance sections (Sections 302.700 and 302.768) shall become effective on the date the director begins accepting commercial driver license medical certifications or on May 1, 2013, whichever occurs first.

TEMPORARY PERMIT TAGS - This act modifies the process for issuing temporary permits to motor vehicle owners. The temporary permit may be purchased by the motor vehicle buyer from the central office or from an authorized agent of the department. A motor vehicle buyer may also purchase a temporary permit from a motor vehicle dealer. The price paid by a registered dealer for a temporary permit shall not exceed $5.00 per permit (current law sets the amount at $7.50). The director shall direct motor vehicle dealers and authorized agents to obtain temporary permits from an authorized producer. Under the act, amounts received by the director for temporary permits shall constitute state revenue while amounts received by an authorized producer shall not constitute state revenue. Amounts received by motor vehicle dealers or authorized agents for temporary permits purchased from an authorized producer shall not constitute state revenue. The act specifically provides that general revenue funds or other state funds shall not be used to compensate motor vehicle dealers and other producers for their role in producing temporary permits. Dealers may not charge more than $5.00 for each permit it issues (down from $7.50). This provision of the act is similar, but not identical to, the one contained in SB 818 and HB 1329 (2012) (HA 4).

BIENNIAL REGISTRATION OPTION FOR LARGER VEHICLES - This act expands the number of commercial motor vehicle owners who will have the option of biennially registering their commercial motor vehicle. Under current law, the director may provide owners of motor vehicles, other than commercial motor vehicles licensed in excess of 12,000 pounds gross weight, the option of biennially registering motor vehicles. This act provides this option to owners of motor vehicles, other than commercial motor vehicles licensed in excess of 54,000 pounds (Section 301.147). This provision is similar to the one contained in the introduced version of SB 443 (2012) and the truly agreed to version of HB 430 (2011)(HA 4).

STAGGERING OF DEALER LICENSES - DEALER BIENNIAL REGISTRATIONS - 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. This provision is similar to the one contained in SCS/HCS/HB 1640 (20120 and the truly agreed to version of HB 430 (2011) (Section 301.559)(HA 4).

STEPHEN WITTE