SB 371
Enacts provisions relating to transportation
Sponsor:
LR Number:
1961H.02C
Last Action:
4/25/2019 - Referred H Rules - Administrative Oversight
Journal Page:
Title:
HCS SB 371
Calendar Position:
Effective Date:
August 28, 2019
House Handler:

Current Bill Summary

HCS/SB 371 - This act enacts provisions relating to transportation.

PORT AUTHORITIES (Section 68.040)

Current law exempts from taxation notes and bonds issued by port authorities. This act provides that sales and leases of both real and personal property by or to any port authority involving the issuance of tax exempt bonds shall also be exempt from taxation.

These provisions are similar to SB 437 (2019), provisions in the truly agreed to and finally passed CCS/SB 368 (2019), provisions in the perfected HB 1061 (2019), and provisions in HCS/SB 468 (2019).

MOTOR VEHICLE RENTAL AND LEASING (Sections 144.070 and 301.032)

This act requires entities engaged in the business of renting or leasing motor vehicles, trailers, boats, or outboard motors to pay an annual fee of $250 to the Director of the Department of Revenue. (Section 144.070.5)

Applicants to be a leasing or rental company shall post a bond or irrevocable letter of credit with the state in the sum of $100,000, which shall be conditioned upon the entity complying with the laws applicable to leasing or rental companies, and shall be an indemnity for any loss caused by actions that are grounds for actions against the entity's license. Proceeds shall be paid from the bond or irrevocable letter of credit upon receipt by the Department of a final judgment of a Missouri court of competent jurisdiction against the bonded entity. (Section 144.070.6)

The act provides that entities engaged in the business of renting or leasing 3,500 or more motor vehicles that are to be used exclusively for rental and leasing, and not for resale, and which have applied to the Department for a license as specified in the act may also operate as a registered fleet owner as specified by law. (Section 144.070.9)

Entities engaged in the business of renting or leasing 3,500 or more motor vehicles that are to be used exclusively for rental and leasing and not for resale, and which have applied to the Department for a license as specified in the act may operate as a registered fleet owner as provided by law. The Director of Revenue may issue fleet vehicle license plates in lieu of standard vehicle registrations after application and payment of annual fees of $360 for the first 10 plates and $36 for each additional plate. Fleet vehicles registered under the act shall not be exempted from safety or emissions inspections, but the inspections shall not be required to be presented to the Director. (Section 301.032.6)

Vehicle rental or leasing companies licensed by the Department under the act operating as registered fleet owners shall annually or biennially register their fleets with the Director of Revenue as specified in the act in lieu of registering the vehicles individually. (Section 301.032.7)

Applicants shall provide proof of insurance coverage, as required by law, prior to issuance of fleet vehicle license plates by the Director. (Section 301.032.8)

Authority to operate as a fleet owner shall expire on January 1 of each licensure period for entities licensed under the act to operate as vehicle rental or leasing companies. (Section 301.032.9)

Vehicle rental or leasing companies licensed by the Department under the act shall make available upon request by the Director or any law enforcement agency any corresponding vehicle or registration information that is requested as prescribed by rule. (Section 301.032.10)

These provisions are identical to the House perfected HCS#2/HB 626 (2019), provisions in the truly agreed to and finally passed SCS/SB 89 (2019), provisions in the truly agreed to and finally passed CCS#2/HCS/SCS/SB 147 (2019), and provisions in the truly agreed to and finally passed CCS/SB 368 (2019), and is similar to SB 505 (2019).

EMERGENCY BRIDGE REPAIR AND REPLACEMENT FUND (Section 226.228)

This act creates within the State Treasury the "Emergency Bridge Repair and Replacement Fund" to be used for the accelerated repair or replacement of bridges as specified in the act.

These provisions are identical to HB 1097 (2019).

LEFT TURNS ONTO ONE-WAY STREETS AT RED LIGHTS (Sections 300.155 and 304.281)

This act provides that drivers may turn left onto a one-way street after stopping at a red light, provided the driver yields to pedestrians and other traffic.

These provisions are identical to HB 402 (2019), and provisions in the truly agreed to and finally passed CCS#2/HCS/SCS/SB 147 (2019), and similar to HB 2432 (2018).

TRAILER REGISTRATION PERIODS (Sections 301.010 and 301.067)

This act specifies that registrations for recreational trailers, as defined in the act, shall be payable in the month of May. Any fee that would have been due in December of 2019 shall be deferred until May of 2020.

These provisions are identical to HB 52 (2019), provisions in the truly agreed to and finally passed CCS/SS/HCS#2/HB 499 (2019), provisions in the truly agreed to and finally passed CCS#2/HCS/SCS/SB 147 (2019), and substantially similar to HCS/HB 2368 (2018).

PURPLE HEART LICENSE PLATES (Section 301.451)

This act specifies that there shall be no fee charged for the issuance of an applicant's first set of purple heart license plates. A second or subsequent set of plates shall be subject only to regular registration fees.

The act specifies that registered co-owners of the qualified person who was issued purple heart license plates shall be entitled to use and renew the plates until his or her death or remarriage.

These provisions are identical to HB 713 (2019).

VEHICLE DEALER LICENSE PLATES (Section 301.560)

This act specifies that dealer license plates may be displayed on motor vehicles owned by a dealership for use by a customer while the customer's vehicle is being serviced or repaired.

This provision is identical to HB 926 (2019) and substantially similar to a provision in CCS/SB 368 (2019).

ASSOCIATION OF MISSOURI ELECTRICAL COOPERATIVES SPECIAL LICENSE PLATE (Section 301.3066)

This act establishes an "Association of Missouri Electrical Cooperatives" special license plate. The plate requires an annual emblem-use authorization fee of $25, paid to the Association of Missouri Electrical Cooperatives, in addition to the $15 special personalized license plate fee and other requirements and fees as provided by law.

These provisions are identical to SCS/SB 330 (2019) and provisions in SCS/HB 926 (2019), and similar to provisions in HB 831 (2019).

MISSOURI ASSOCIATION OF MUNICIPAL UTILITIES SPECIAL LICENSE PLATE (Section 301.3067)

This act also establishes a "Missouri Association of Municipal Utilities" special license plate. The plate requires an annual emblem-use authorization fee of $25, paid to the Missouri Association of Municipal Utilities, in addition to the $15 special personalized license plate fee and other requirements and fees as provided by law. (Section 301.3067)

These provisions are identical to SCS/SB 330 (2019) and provisions in SCS/HB 926 (2019), and similar to provisions in HB 831 (2019).

BOY SCOUTS OF AMERICA SPECIAL LICENSE PLATE (Section 301.3139)

This act exempts the legislatively-created Boy Scouts of America special license plate from the requirement applicable to administratively-created license plates to submit a list of persons who plan to purchase the plate before the Director of Revenue may issue the plate.

This provision is identical to HB 1211 (2019).

MISSOURI DEMOLAY SPECIAL LICENSE PLATE (Section 301.3148)

This act specifies that the Missouri DeMolay special license plate shall be of a design submitted by Missouri DeMolay and approved by the Department of Revenue, and specifies that the manufacture and transfer of the plates shall not require any submission of signatures. The act reiterates that the Department of Revenue may require payment of a $5,000 fee to offset production costs prior to issuing the plate, and specifies that the Department shall charge a specialty plate fee of $15 in addition to other documents and fees as required by law.

This provision is identical to HB 638 (2019).

MEDICAL ALERT NOTATIONS ON DRIVER'S LICENSES (Section 302.205)

This act allows for medical alert notations to be placed on driver's licenses and non-driver's identification cards for post-traumatic stress disorder, diabetes, heart conditions, epilepsy, drug allergies, Alzheimer's or dementia, or other conditions as approved by the Department of Revenue.

Persons applying for a medical alert notation shall waive liability for the release of any medical information to the Department, anyone eligible for access to such medical information recorded on a driving record, and any other person who may view or receive notice of the medical information by virtue of having seen the license. The application shall include a space for applicants to obtain a sworn statement from a licensed physician or licensed psychologist verifying the diagnosis.

Individuals who have been issued licenses or identification cards bearing medical alert information may be issued a replacement that does not bear the medical alert information upon payment of the fee applicable to lost licenses or cards.

No medical alert information shall be printed on or removed from a license or identification card without the express consent of the licensee, or parent or guardian.

Medical alert information collected under the act shall be transferred to the Missouri Uniform Law Enforcement System (MULES), and notice of this transfer and of the use of the MULES shall be included on the medical alert notation application and consent documents.

These provisions have a delayed effective date of July 31, 2020.

These provisions are identical to the House perfected HCS/HB 207 (2019), and similar to provisions in HB 1613 (2018) and SCS/HCS/HBs 2277 & 1983 (2018).

DISABILITY ACCOMODATIONS FOR DEAF OR HARD OF HEARING COMMERCIAL DRIVER'S LICENSE APPLICANTS (Sections 302.720 and 302.723)

This act specifies that a hearing test shall not be required for commercial driver's license (CDL) applicants who are deaf or hard of hearing, and provides for a process by which CDL applicants with disabilities can request testing accommodations for the written and driving tests.

The act also specifies that any entity providing training to persons preparing to apply for a CDL shall provide reasonable accommodations for persons who are deaf or hard of hearing.

These provisions are identical to SB 234 (2019) and HB 241 (2019).

TOWING TASK FORCE (Section 304.153)

This act establishes the "Towing Task Force", to make recommendations with respect to the towing of vehicles with a gross vehicle weight rating in excess of 26,000 pounds. The task force shall make recommendations on matters relating to the investigation of overcharges made by towing companies, as specified in the act, and shall make recommendations regarding what information should be included on every invoice with respect to a "nonconsensual tow" as defined in the act. The task force shall issue its first recommendations no later than March 1, 2021 and shall expire on January 1, 2022.

These provisions are identical to HCS/HB 749 (2019), and similar to SB 323 (2019), HB 1101 (2019), provisions in the truly agreed to and finally passed CCS#2/HCS/SCS/SB 147 (2019), provisions in SCS/HB 584 (2019), provisions in HCS/SB 371 (2019), and provisions in HCS/SB 21 (2019).

ACCIDENTS OCCURRING IN WORK OR EMERGENCY ZONES (Sections 304.580, 304.585, and 304.894)

This act requires the Director of the Department of Revenue to revoke a driver's license upon notification by a law enforcement officer that an individual was involved in a physical accident where his or her negligence contributed to his or her vehicle striking a worker or highway worker, as defined in the act, within a properly designated construction or work zone (Section 304.585), or substantially contributed to his or her vehicle striking an emergency responder within a properly designated active emergency zone (Section 304.894). The Department shall base its determination of these facts on the report of the law enforcement officer investigating the incident, and its determination shall be final except as specified in the act. Required notice of the revocation shall be deemed received by the driver three days after mailing unless returned by the postal authorities. The notice shall clearly state the reason and statutory grounds for the revocation, the effective date of the revocation, the right to request a hearing, and the date by which the request must be made. The revocation shall be effective not sooner than 15 days from the Department's order.

Individuals who received notice of driver's license revocation may apply for immediate reinstatement by retaking and passing the written and driving portions of the driver's examination, or may petition the circuit court in the county in which the accident occurred. The revocation may be stayed pending the outcome of the case, as specified in the act. The county prosecutor shall act on behalf of the Director of Revenue at the hearing. The hearing shall determine only whether the person was involved in a highway accident when a worker or emergency responder was hit, whether applicable guidelines for notice and signage were properly implemented, and whether the investigating officer had probable cause to believe the person's negligence contributed to the vehicle striking a highway worker or substantially contributed to the vehicle striking an emergency responder. If the court determines any of these conditions to not be satisfied, the court shall order the Director to reinstate the individual's license.

Administrative rulings to reinstate a license under these provisions, and any related evidence, shall not be subject to subpoena or otherwise discoverable in any administrative, civil, or criminal case.

These provisions are identical to provisions in the truly agreed to and finally passed CCS/SS/HCS#2/HB 499 (2019) and provisions in the truly agreed to and finally passed SCS/SB 89 (2019), and similar to SCS/SB 254 (2019) and HCS/HB 2287 (2018).

DUMP TRUCK MUD FLAPS (Section 307.015)

This act raises, from 8 inches to 12 inches, the maximum distance from the ground to which the bottom edge of dump trucks' mud flaps are required to extend.

These provisions are identical to SCS/SB 394 (2019) and HB 1002 (2019).

ERIC VANDER WEERD

Amendments

No Amendments Found.