SB 701 Modifies various provisions relating to road use
Sponsor: Mayer
LR Number: 5487L.05C Fiscal Note available
Committee: Transportation
Last Action: 5/18/2012 - Requests to Recede or Grant Conference Calendar--SB 701-Mayer, with HCS, as amended (Senate requests House recede and take up and pass the bill) Journal Page:
Title: HCS SB 701 Calendar Position: 3
Effective Date: August 28, 2012
House Handler: Wright

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Current Bill Summary


HCS/SB 701 - The act modifies provisions relating to road use.

SECTION 142.932 - DYED MOTOR 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 a public safety matter or in the restoration of utility service during a state of emergency.

SECTION 260.392 - TRANSPORTING RADIOACTIVE WASTE

The 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. The Missouri Highway Patrol must establish procedures and fees to provide for reimbursement of state escort services provided for shipments of highway route controlled quantities of radioactive materials. Fees may not exceed $500 per trip or $2,000 per year. Revenue from the fees shall be credited to the Environmental Radiation Monitoring Fund, to be used by the Department of Natural Resources for related activities.

Current law requires fees for transporting radioactive waste to be paid before shipment; the act makes fees due after shipment.

This section is similar to HCS/SB 470 (2012) and SCS/HCS/HB 1640 (2012).

SECTIONS 301.010 & 304.033 - RECREATIONAL OFF-HIGHWAY VEHICLES

This act modifies the definition of recreational off-highway vehicle (OHV) by increasing the width and weight limit of the vehicle. The width is increased from 60 inches to 64 inches and the unladen dry weight of the OHV is increased from 1,850 pounds to 2,000 pounds.

Under the act, recreational OHVs shall not be operated on highways except for:

(1) Governmental owned and operated recreational OHVs for official use;

(2) Recreational OHVs operated for agricultural purposes or industrial on-premise purposes;

(3) Recreational OHVs operated within three miles of the operator's primary residence

(4) Recreational OHVs operated occasionally by handicapped persons for short distances only on state secondary roads;

No person shall operate a recreational OHV 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 OHV 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 OHV upon on a highway in this state: without displaying a lighted headlamp and tail lamp; without wearing a seatbelt; and any recreational OHV must have a roll bar or roll cage. Additionally, no person shall operate a recreational OHV in a careless way that injures a person or property or while under the influence.

A violation of this section is a Class C misdemeanor. The Attorney General or a prosecuting attorney may bring an action for injunctive relief and for a civil penalty not to exceed $1,000 per day of violation.

These provisions are also contained in SCS/HCS/HB 1640 (2012).

SECTIONS 304.154 - LICENSING OF TOWING COMPANIES

This act requires towing companies to be licensed by the Division of Professional Registration. The act prohibits local governments from contracting with towing companies that are not licensed with the division. The act also requires towing companies to have a secure, lighted lot or enclosed building of at least 2,000 square feet, including fencing at least 6 feet high. The act requires towing companies to maintain regular business hours from 8 am to 5 pm. The act also imposes minimum liability insurance requirements upon towing companies and certain financial assurances. 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.

This section is also found in HCS/SS/SCS/SB 470 (2012).

ERIKA JAQUES