Missouri Senate

House Amendment

DYED FUEL - Current law prohibits the operation of a motor vehicle with dyed fuel on a public highway except in certain circumstances. This act creates an additional exception for vehicles associated with a public utility or rural electric cooperative engaged in the restoration of utility service during a state of emergency (Section 142.932). This provision is identical to SB 701 and is contained in SCS/HCS/HB 1640 (2012).

TRANSPORTING RADIOACTIVE MATERIALS - This act exempts all highway route controlled quantity shipments of radioactive materials from the fees for transporting radioactive waste. The act further provides that carriers transporting highway route controlled quantities of radioactive material that have been subject to federal inspection, and have passed federal inspection, shall not be subject to additional inspections (Section 260.392). This provision is also contained in SCS/HCS/HB 1640 (2012).

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 truly agreed to version of HB 430 (2011).

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, HCS/SB 568 (2012), and the truly agreed to version of HB 430 (2011) and HCS/HB 818 (2011).

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).

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, HCS/SB 568 (2012), and the truly agreed to version of HB 430 (2011), HCS/HB 818 (2011) and HB 820 (2011) (Section 302.768).

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.

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 568 (2012) and HB 1040 (2012).

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 route, 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 routes within the municipality. This provision may be found in SB 656 (2012) and SCS/HCS/HB 1402 (2012) (Section 304.120).

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 identical to SB 656 and SCS/HCS/HB 1402 (2012) and SB 277 (2012)(Section 537.292).

LICENSING OF TOWING COMPANIES - This act requires towing companies to be licensed by the division of professional registration. The act also requires towing companies to have a lot of enclosed building of at least 2,000 square feet, including fencing of at least 6 feet high. The act requires towing companies to maintain regular business hours from 8 am to 5 pm. The act also impose minimum liability insurance requirements upon towing companies. The act requires tow drivers to be certified by the Towing and Recovery Association of America (TRAA). The act sets forth the minimum certification levels (Section 304.154)(HA 7).

GROSS WEIGHT LIMITATION FOR CERTAIN VEHICLES - 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 expands the gross weight limitation on U.S. Highway 36 from U.S. Highway 65 to U.S. Highway 63. The act further applies the gross weight limitation exception to U.S. Highway 63, from the Iowa state line to U.S. Highway 36. The act further 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. This provision is similar to one contained in HCS/SB 568 (2012) and HB 1212 (2012)(Section 304.180).

KANSAS CITY COMMERCIAL ZONE - This act expands the Kansas City commercial zone by including the stretch of State Route 45 from its intersection with Interstate 29 to the city limits of Iatan. This portion of the act may be found in the SCS/HCS/HB 1640 (2012), HCS/SB 568 (2012), and SCS/SB 656 (2012)(Section 304.190).

HOUSEHOLD GOODS MOVERS - This act modifies provisions relating to the regulation of household goods movers. These provisions are similar to the ones contained in the perfected version of HB 1402 (2012), the truly agreed to version of CCS/SS/SCS/HCS/HB 430 (2011) and in SB 58 (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 carriers 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, 2012, 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 (Section 390.280).

Beginning August 28, 2012, 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).

Under this act, the state highways and transportation commission is authorized to enter into interagency agreements with the Regional Taxicab Commission to deal with any public safety issues that may arise as a result of the act's deregulation provisions (Sections 390.051 and 390.061).

TRANSPORTING RADIOACTIVE MATERIALS - This act modifies the method in which fees assessed for the transporting radioactive waste are calculated. Under current law, a fee of $1,800 is charged for each cask transported through or within the state by truck of high-level radioactive waste, transuranic radioactive waste, spent nuclear fuel or highway route controlled quantity shipments. In addition, all such cask shipments are subject to a surcharge of $25 per mile for every mile over 200 miles traveled within the state. Under this proposal, the fees are assessed per truck rather than per cask (Section 260.392) (HA 1).

TEMPORARY PERMIT TAGS - This act modifies the process for issuing temporary permits to motor vehicle owners. Under the terms of the act, the director of revenue is authorized to allow others to produce weather resistant, nontearing temporary permits that allow buyers of motor vehicle or trailers to operate such vehicles for a 30 day period. 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). Under the act, each temporary permit issued shall be fastened to the rear of the motor vehicle in a manner and place on the motor vehicle consistent with placement of regular registration plates. The act allows the director to reissue and extend the use of a temporary permit during the time period a title and registration are being obtained. Under the terms of the act, upon the issuance of a temporary permit, the director shall make the temporary permit information immediately available to the law enforcement community of the state of Missouri (Section 301.140). This provision of the act is similar to the one contained in CCS/HCS/SB 568 (2012), SB 818 and HB 1329 (2012). The act also sunsets the temporary permit provisions on July 1, 2019 (HA 2 and HA 1 to HA 2).

MISSOURI AUTO INSURANCE PLAN - This act amends Missouri Auto Insurance Plan (Missouri's automobile insurance residual market mechanism) law so that insurance companies that op-out from servicing their share of high risk drivers shall be assessed a fee based on the insurance company's market share. The act requires the plan to contract with an entity to accept and service policies for companies that do not elect to accept and service policies. By October 1 of each year, companies that elect to accept applicants for policies for the next calendar year must notify the plan. Companies that do not elect to service applicants and policies shall pay a fee to the plan for providing such services. The fee shall be based on the company's market share (Section 303.200) (HA 3).

SALES TAX EXEMPTION FOR CERTAIN VEHICLES - This act provides a sales tax exemption for motor vehicles registered in excess of 54,000 pounds, and the trailers pulled by such motor vehicles, that are actually used in the normal course of business to haul property on the public highways of the state, and that are capable of hauling loads commensurate with the motor vehicle's registered weight. The sales tax exemption also extends to the materials, replacement parts, and equipment purchased for use directly upon, and for the repair and maintenance or manufacture of such vehicles (Section 144.030.1(4)). This provision is also contained in SB 480 (2012)(HA 4).

RECREATIONAL OFF-HIGHWAY VEHICLES - This act modifies the definition of recreational off-highway vehicle as found in Section 301.010. The act modifies the definition by increasing the width and weight limit of the vehicle. The width of a recreational off-highway vehicle is increased from 60 inches to 64 inches and the unladen dry weight of the vehicle is increased from 1,850 pounds to 2000 pounds. This section is also contained in HB 1807 (2012) (Section 301.010).

Under the act, recreational off-highway vehicles shall not be operated on highways except for:

(1) Governmental owned and operated recreational off-highway vehicles for official use;

(2) Recreational off-highway vehicles operated for agricultural purposes or industrial on-premise purposes;

(3) Recreational off-highway vehicles operated within three miles of the operator's primary residence. This exception shall not authorize the operation in a municipality unless the municipality authorizes the operation by permit;

(4) Recreational off-highway vehicles operated occasionally by handicapped persons for short distances only on the state secondary roads;

(5) Governing bodies of cities may issue special permits to licensed drivers for special uses of recreational off-highway vehicles on highways within the city limits. Fees of $15 may be collected and retained by cities for such permits;

(6) Governing bodies of counties may issue special permits to licensed drivers for special uses of recreational off-highway vehicles on county roads within the county. Fees of $15 may be collected and retained by the counties for such permits.

No person shall operate a recreational off-highway vehicle within any stream or river except by an operator who owns the property or has permission to be on the property on which the waterway flows through or when fording a low-water crossing.

A person operating a recreational off-highway vehicle on a highway shall have a valid operator's or chauffeur's license.

Under the terms of the act, an individual shall not operate a recreational off-highway vehicle upon on a highway in this state without displaying a lighted headlamp and a lighted tail lamp. A person may not operate a recreational off-highway vehicle upon a highway of this state unless such person wears a seat belt. When operated on a highway, a recreational off-highway vehicle shall be equipped with a roll bar or roll cage construction to reduce the risk of injury to an occupant of the vehicle in case of the vehicle's rollover. The recreational off-highway vehicle provisions may be found in SB 714 (2012)(section 304.033)(HA 5).

ADDITIONAL THIRD LICENSE PLATE - .This act allows motorists to purchase an additional temporary license plate that matches an existing or newly issued plate to serve as a visible plate when a bicycle rack or other item obstructs the view of the actual plate. The fee for the additional temporary license plate shall be $7.50. The third plate may only be used on the vehicle with the matching plate, and the additional third plate must be clearly recognizable as a third plate and only used for such purposes. This provision is similar to SB 843 (2012) and HB 1958 (2012)(HA 6)(section 301.140).

EMERGENCY UTILITY RESPONSE PERMITS - This act requires the Department of Transportation to issue emergency utility response permits that allow motor carriers to transport equipment and infrastructure necessary for repair work immediately following a disaster where utility service has been disrupted. Under exigent circumstances, verbal approval of the operation may be made by the motor carrier compliance supervisor or other designated motor carrier services representative. Motor carriers may operate on state highways and roads at any time on any day to assist utility companies granted a permit. This provision is contained in HB 2083 (2012)(Section 304.180)(HA 1 to HA 7).

FAILURE TO APPEAR - This act provides that the provisions of the failure to appear and dispose of traffic violations shall not apply to revocations resulting from an alcohol related offense (Section 302.341)(HA 3 to HA 7).

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 3 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 similar to the provisions contained in HCS/HB 1640 (2012); SB 131 (2011), SB 167 (2011), SB 716 (2010), CCS/SS/SCS/HB 2111 (2010), and HB 979 (2009)(Section 301.580).

ENHANCED PENALTIES FOR MOTOR VEHICLE VIOLATIONS THAT OCCUR IN ACTIVE EMERGENCY ZONES - This act increases penalties for moving violations and traffic offenses occurring within an active emergency zone. Such a zone is defined under this act as an area that is visibly marked by emergency responders on, or around, a highway, and where an active emergency or incident removal is temporarily occurring.

Any person convicted of a first moving violation or traffic offense within an active emergency zone shall be assessed a fine of $35 in addition to any other fine authorized by law. A second or subsequent offense within an active emergency zone shall be assessed a fine of $75.

Under this act, it is a Class C misdemeanor to pass another vehicle in an active emergency zone. Those who plead guilty to, or are convicted of, a speeding or passing violation shall be assessed a fine of $250 in addition to any other fine authorized by law. A second or subsequent speeding or passing violation shall result in a $300 fine.

A person commits the offense of endangerment of an emergency responder if, while in an active emergency zone while emergency responders are present, the person:

(1) Exceeds the posted speed limit by 15 mph or more;

(2) Passes another vehicle;

(3) Fails to stop for a flagman, an emergency responder, or a traffic control signal in the active emergency zone;

(4) Drives through, or around, an active emergency zone via any lane that is not for motorists;

(5) Physically assaults, threatens, or attempts to assault an emergency responder with a motor vehicle or other instrument;

(6) Intentionally strikes or moves barrels, barriers, signs or other devices for a reason other than to avoid an obstacle, emergency, or to protect the health and safety of another person; or

(7) Commits various offenses that allow for the assessment of points under Section 302.302.

When no injury or death results, a person who pleads guilty to, or is convicted of, endangering an emergency responder shall be subject to a fine of not more than $1,000. If a death or injury results, the person commits aggravated endangerment of an emergency responder. The penalty for aggravated endangerment of an emergency responder is a fine of not more than $5,000 if a responder is injured, and not more than $10,000 if death resulted.

The act provides for the assessment of 4 points for endangerment of an emergency responder and 12 points for aggravated endangerment of an emergency responder.

If a person commits endangerment or aggravated endangerment of an emergency responder as a result of a vehicle's mechanical failure or the negligence of another person, then the person shall not be cited for, or convicted of, such offenses.

This section is similar to provisions contained in SB 642 (2012), the truly agreed to version of HB 430 (2011), SCS/SB 260 (2011), HCS/SCS/SB 887 (2010), HCS/HB 1541 (2010), and HB 1693 (2010) (Sections 304.890, 304.892, and 304.894)(HA 9).

HIGHWAY WEIGHT LIMITS - This act allows vehicles hauling livestock or agricultural products to have total gross weight limits up to 85,000 pounds on all highways in Missouri except Dwight D. Eisenhower System of Interstate and Defense Highways. The current law applies this weight exception to specified highways and only for hauling livestock. 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 10).

VETERAN DESIGNATION ON DRIVER LICENSE - The allows a person to apply to the Department of Revenue to obtain a veteran designation on a driver's license or identification card upon providing a United States Department of Defense discharge document, known as a DD Form 214, showing a discharge status of "honorable" or "general under honorable conditions" and the payment of the authorized fees for the license or card. The department may determine the appropriate placement of the designation on a license or card (section 302.185 and section 302.188)(HA 11).

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 13).

SOLID WASTE SERVICES - This act provides that if the city of Florissant intends to expand solid waste collection services into an area where the collection of solid waste is presently being provided by one or more private entities, then the proposition shall be put to a public vote in the area in which the city of Florissant intends to expand (section 260.247)(HA 1 to HA 12).

STEPHEN WITTE