CCS/HCS/SB 568 - This act modifies various provisions relating to transportation.
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 the truly agreed to versions of SB 470 and SB 611 (2012). This provision is also contained in HB 1040 (2012).
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 is also contained in the truly agreed to versions of SB 470, SB 611, and HB 1329 (2012). This provision of the act is similar to the one contained in SB 818 (2012). This portion of the act shall become effective on the date the Department of Revenue or a producer authorized by the director of the Department of Revenue begins producing temporary permits described in subsection 4 of such section, or on July 1, 2013, whichever occurs first (Section D). The temporary permit provisions (subsections 4, 5, and 6 of section 301.140) shall expire on July 1, 2019.
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 contained in the truly agreed to version of SB 470 (2012). 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). This section has an effective date of July 1, 2015 (see Section E).
TRANSPORTATION DEFINITIONS FOR SALES TAX PURPOSES - This act adds the construction, reconstruction, repair, and maintenance of sidewalks, trails, and community owned parking lots to the definition of "transportation purposes" as it applies to expenditures of the transportation sales tax in certain cities (Section 94.700). This portion of the act is similar to HB 1299 (2012).
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) and SCS/SB 656 (2012)(Section 304.190). This provision may also be found in the truly agreed to versions of HB 1402 and SB 470 (2012).
The act further expands the Kansas City commercial zone by expanding it on state route 10 from its intersection with state route 210 to the city of Hardin.
REBUILT SALVAGE VEHICLES INSPECTION - Under the terms of this act, owners of rebuilt salvage vehicles which are 10 years of age or older who submit such vehicles to examinations conducted by the Highway Patrol in order to obtain certificates of ownership with prior salvage motor vehicle designations are not required to repair or restore such vehicles to their original appearance in order to pass or complete the vehicle examination (Section 301.190). This portion of the act is similar to SB 557 and the truly agreed to version of HB 1150 (2012)(HA 3).
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 contained in the truly agreed to versions of SB 470, SB 480, and HB 1402 (2012). The provision is also contained in the perfected version of SB 443 (2012) and the truly agreed to version of HB 430 (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;
8) Medical examiner;
9) Medical variance (Section 302.700).
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 (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 (see Section C).
The CDL provisions can also be found in the truly agreed to versions of SB 470, SB 480, and HB 1402 (2012).
SALVAGE TITLE - CLAIMS ADJUSTMENT PROCESS - Under the terms of this act, any insurer which purchases a vehicle that is currently titled in Missouri through the claims adjustment process for which the insurer is unable to obtain a negotiable title, may make application to the Department of Revenue for a salvage certificate of title or junking certificate. The application may be made by the insurer or its designated salvage pool on a form provided by the department and signed under penalty of perjury. The application shall include a declaration that the insurer has made at least 2 written attempts to obtain the certificate of title, transfer documents, or other acceptable evidence of title, and be accompanied by proof of claims payment from the insurer, evidence that letters were delivered to the vehicle owner, a statement explaining the circumstances by which the property came into the insurer's possession, a description of the property including the year, make, model, vehicle identification number, and current location of the property, and a fee of $8.50. The insurer shall, 30 days prior to making application for title, notify any owners or lienholders of record for the vehicle that the insurer intends to apply for a certificate of title from the director for the vehicle. Upon receipt of the application and supporting documents, the director shall search the records of the department to verify the name and address of any owners and any lienholders. After 30 days from receipt of the application, if no valid lienholders have notified the department of the existence of a lien, the department shall issue a salvage certificate of title or junking certificate for the vehicle in the name of the insurer. This provision may be found in the truly agreed to version of HB 1150 (2012). This portion of the act is also similar to SB 879 (2012) and HCS/HB 1875 (2012)(Section 301.193).
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 eastward 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 of the act shall not apply to vehicles operated on the Dwight D. Eisenhower System of Interstate and Defense Highways. This provision is similar to one contained in the truly agreed to version of SB 470 (2012) and HB 1212 (2012)(Section 304.180).
OUTBOARD MOTOR TITLES - Under the terms of this act, effective August 28, 2012, the certificate of title for a new outboard motor shall designate the year the outboard motor was manufactured as the "Year Manufactured" and shall further designate the year the dealer received the new outboard motor from the manufacturer as the "Model Year-NEW". Any outboard motor manufactured on or after July first of any year shall be labeled "Year Manufactured" with the calendar year immediately following the year manufactured unless the manufacturer indicates a specific model or program year. This provision is also contained in the truly agreed to versions of SB 719 and SB 480 (2012). This provision is similar to the one contained in HB 1759 (2012)(Section 306.532).
BOATING SAFETY IDENTIFICATION CARD - Under this act, any person or company that rents or sells vessels may issue temporary boating safety identification cards to nonresidents to operate rented vessels or vessels being considered for sale, for a period of up to 7 days, provided that the individual meets the minimum age requirements for operating a vessel in this state. In order to qualify for the temporary boating safety identification card, the applicant shall provide a valid driver's license establishing that the applicant is a nonresident and shall sign an affidavit that he or she has reviewed the Missouri State Highway Patrol Handbook of Missouri Boating Laws and Responsibilities. The Missouri State Highway Patrol shall charge a fee of $9 for the temporary boating safety identification card. Nonresidents shall not be eligible for more than one temporary boating safety identification card. Under the act, the Missouri State Highway Patrol is authorized to develop the temporary boating safety identification card. The act requires businesses that issue temporary boating safety identification cards to transmit the applicant's information and payment to the Missouri State Highway Patrol using an electronic online registration process developed and provided by the patrol. The electronic online registration process shall allow the applicant to pay the $9 fee by credit card, debit card, or other commercially approved electronic method. The act imposes a sunset date of December 31, 2022, on the nonresident temporary boating safety identification card program. This portion of the act contains an emergency clause (see Section B). This portion of the act is contained in the truly agreed to versions of SB 719 and HB 1402 (2012) (Section 306.127).