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SCS/HB 1963 - This act modifies provisions relating to transportation. REMOTE DRIVER'S LICENSE RENEWALS (Section 32.300) This act authorizes the Department of Revenue to design and implement a remote driver's license renewal system accessible through the Department's internet website connection or through one or more self-service terminals located within the state. The system shall comply with federal law as specified in the act. Drivers may apply for no more than one consecutive renewal remotely, and shall apply within six months before or after the license expires as required for conventional renewal. Applicants for remote renewal shall not be required to complete the highway sign recognition test unless the Department has technology allowing the test to be conducted remotely. In lieu of the current vision test requirement, applicants for remote renewal shall certify under penalty of law that their vision satisfies the legal requirements and that he or she has undergone an eye exam in the last 12 months. The applicant shall authorize the exchange of relevant medical information as provided in the act, and shall be at least 21 years of age but not more than 50 years of age. The applicant's ophthalmologist or optometrist shall have 4 business days to confirm or deny the vision and medical information of the applicant, and if no response is received within the time allotted, the Department shall accept the information provided by the applicant. These provisions are identical to provisions in SB 906 (2020), and similar to provisions in SB 200 (2019), provisions in SCS/HB 584 (2019), and provisions in HCS/HB 679 (2019). TAXATION OF LIMITED FLIGHT HOUR AIRCRAFT (Section 137.115) This act increases, from 50 to 200, the maximum amount of flight hours a noncommercial aircraft may be operated and still subject to a personal property tax rate of 5 percent of their true value in money rather than the standard rate. These provisions are identical to provisions in HCS/HB 1333 (2020), and similar to HB 1284 (2020) and HB 1209 (2019). QUALIFIED AIR FREIGHT FORWARDERS (Section 143.441) This act adds "qualified air freight forwarders", as defined in the act, to the definition of "corporation" as a transportation corporation for the purposes of corporate income allocation. These provisions are identical to HB 2213 (2020), identical to provisions in HCS/HB 1333 (2020) and HCS/HB 2303 (2020), and substantially similar to SB 801 (2020), provisions in SB 659 (2020), provisions in SCS/SB 648 (2020), provisions in HB 2238 (2020), and SS/SCS/SBs 46 & 50 (2019). LEASE OR RENTAL COMPANIES (Section 144.070.6) This act provides that registered fleet owners of rental or lease motor vehicles, rather than vehicle lease or rental companies, shall post a bond with the Department of Revenue upon applying for a license to operate. TAXATION OF AVIATION JET FUEL (Section 144.805) Current law provides a sales tax exemption for aviation jet fuel used by common carriers engaged in the interstate air transportation of passengers and cargo, with such exemption set to expire on December 31, 2023. This act extends such expiration date until December 31, 2033. These provisions are identical to SB 1003 (2020), provisions in HCS/HB 1333 (2020), and provisions in HCS/HB 2303 (2020). TUBE TRANSPORT SYSTEMS (Section 227.600) This act modifies the Missouri Public-Private Partnerships Transportation Act to authorize the Missouri Highways and Transportation Commission to form a public-private partnership to construct a "tube transport system", as defined in the act. The power of eminent domain shall not apply to a tube transport system. The provisions of a tube transport system authorized under the act shall sunset on August 28, 2025, unless reauthorized by the General Assembly in subsequent 5-year periods. COMPOSITION OF OFF-HIGHWAY VEHICLES (Sections 300.010, 301.010, 407.815, 407.1025, and 577.001) This act modifies the definitions of certain off-highway vehicles. This act provides that in addition to the other requirements specified in the definition, a vehicle need only meet the seating and handlebar requirements "or" the maximum width requirement to meet the definition of "all-terrain vehicle", and specifies that the width shall be measured from the outsides of the tire rims. (Sections 300.010(2), 301.010(1), 407.815(2), 407.1025(2), and 577.001(3)). Certain definitions, specifying that the vehicles are equipped with low-pressure tires, are amended to instead specify that the vehicles are equipped with "nonhighway" tires, and provisions specifying the vehicles are equipped with a seat designed to be straddled by the operator, and handlebars for steering control, are repealed under the act. These definitions are also modified to specify a maximum weight of 1,500 pounds rather than 600 pounds, (sections 300.010(2), 407.815(2), and 407.1025(2)) or rather than 1,000 pounds (section 577.001(3)). The enacted definitions of "all-terrain vehicle" are identical to one another. The act also modifies the definition of "recreational off-highway vehicle" by specifying a maximum width of 80 inches, rather than 67 inches. The act also provides that the width shall be measured from the outsides of the tire rims, and specifies a maximum unladen dry weight of 3,500 pounds rather than 2,000 pounds. (Section 301.010(49)) Lastly, the definition of "utility vehicle" is modified to specify a maximum width of 80 inches, rather than 67 inches. The act also provides that the width shall be measured from the outsides of the tire rims, and specifies a maximum unladen dry weight of 3,500 pounds rather than 2,000 pounds. (Section 301.010(70)) These provisions are identical to SCS/SB 876 (2020). TRANSFER OF MOTOR VEHICLES (Sections 301.010, 301.140, 301.190, 301.210, 301.213, 301.280, and 301.560) The act modifies the definition of "owner" of a vehicle to include a person who has executed a buyer's order or retail installment sales contract with a licensed motor vehicle dealer when there is an immediate right for the buyer to possess the vehicle. (Section 301.010(44)) Operation of a motor vehicle with temporary license plates or license plates transferred from a trade-in shall be legal for no more than 60 days when a dealer sells the vehicle with an agreement for the delayed transfer of title as provided in the act. (Sections 301.140.1 and 301.140.4) Vehicle owners obtaining a vehicle as specified in the act shall apply for a certificate of title within 30 days of receiving title from the dealer. (Sections 301.190.1 and 301.190.5) Under the act, a vehicle transfer shall be "presumed" fraudulent and void unless the vehicle's title is assigned and passed to the buyer at the time of transfer, or unless the parties have agreed to delayed delivery of title as provided in the act. (Section 301.210.4). The act specifies that licensed motor vehicle dealers may deliver a motor vehicle or trailer to a purchaser with a written agreement to pass the certificate of ownership with an assignment to the purchaser within 30 days after delivery. (Section 301.210.5). The agreement shall be in a form prescribed by the Director of the Department of Revenue, shall provide that if the dealer does not pass the assigned certificate of ownership to the purchaser within 30 days, the purchase shall be voidable at the purchaser's option, and the dealer shall re-purchase the vehicle as provided in the act. (Section 301.210.5(1)). If the vehicle has incurred damages covered by the purchaser's insurance policy and the vehicle is determined to be a total loss, the insurance company may satisfy the claim by transferring all proceeds to the purchaser and recorded lienholders. The purchaser shall not assign insurance policy proceeds without express written permission of the insurer. In conjunction with satisfaction of the claim, if the insurer receives the totaled vehicle but clear title never vests with the purchaser as required, the insurer shall notify the dealer and the dealer shall reimburse the insurer for the salvage value of the vehicle. In exchange, the insurer shall assign its rights back to the dealer. If the dealer does not make payment to the insurer within 15 days of receiving notice, the dealer shall be liable to the insurer for the vehicle's salvage value, actual damages, and applicable court costs in return for the right to acquire title and apply for a salvage title. (Section 301.210.5(2)). As provided in the act, completion of the requirements of the act shall constitute sufficient evidence of ownership of the vehicle for all purposes other than a subsequent transfer of ownership. However, the purchaser may use a dealer-supplied copy of the agreement under this act to transfer ownership of the vehicle to an insurance company in situations where the vehicle is declared salvage or a total loss as the result of settlement of an insurance claim. (Section 301.210.5(3)). No motor vehicle dealer shall be authorized to sell vehicles in accordance with this act until the dealer has provided to the Director of the Department of Revenue a bond or irrevocable letter of credit in an amount not less than $100,000 in lieu of the $50,000 bond otherwise required to act as a motor vehicle dealer. (Section 301.210.5(4)) This act also repeals the existing framework for dealers accepting trade-in vehicles subject to existing liens, effective December 31, 2020. (Section 301.213) Motor vehicle dealers' monthly sales reports submitted to the Department of Revenue shall include vehicles sold during the month in accordance with the act. (Section 301.280.1) Lastly, the act specifies the circumstances under which proceeds from a dealer applicant's bond or irrevocable letter of credit will be paid. In addition to relocating an existing provision regarding bond proceeds, the act specifies that bond proceeds shall be paid to any buyer or interested lienholder as provided in the act if the dealer fails to deliver the assigned certificate of ownership as agreed. The Department of Revenue shall release the bond proceeds upon receiving certain documentation and evidence, as specified in the act, and that the vehicle has been or will be returned by the purchaser as required. Except for ordinary wear and tear or mechanical failures not caused by the purchase, the amount of proceeds paid to the purchaser shall be reduced by an amount equivalent to any damage, abuse, or destruction incurred by the vehicle while in the purchaser's possession. Within 30 days of receiving notice of a claim against bond or irrevocable letter of credit proceeds, the dealer may apply to a court of competent jurisdiction to contest the claim on the bond or letter of credit, including the amount of the claim or any adjustments made for damage, abuse, or destruction incurred. (Section 301.560.1(3)) These provisions are similar to SCS/SB 780 (2020). MOTOR VEHICLE REGISTRATION PERIODS (Section 301.030) This act specifies that fees for the renewal of noncommercial motor vehicle registrations shall be payable no later than the last day of the month that follows the final month of the expired registration period. No renewal penalty shall be assessed, and no violation for expired registration shall be issued, until the second month that follows the expired registration period. These provisions are identical to SB 686 (2020), and to a provision in the truly agreed to and finally passed CCS#2/HCS/SCS/SB 147 (2019). FLEET VEHICLE REGISTRATIONS (Section 301.032) This act provides that the registration for fleet vehicles shall be fully payable at the time the license plates are ordered, except that when the plates are ordered after the first month of registration, the fees shall be prorated. These provisions are identical to HB 2444 (2020). RESPONSIBILITIES OF THE HIGHWAY PATROL (Sections 301.560 and 301.564) This act replaces certain references to officers of the Missouri State Water Patrol with references to "authorized or designated employees" of the Missouri State Highway Patrol. The act makes this change in a statute regarding the certification of a boat manufacturer's or boat dealer's bona fide place of business (section 301.560), and in a statute regarding the inspection of certain documents and records (section 301.564). These provisions are identical to SB 774 (2020). MOTOR VEHICLE HISTORY REPORTS (Section 301.576) This act provides that motor vehicle dealers shall not be liable for inaccuracies in third-party motor vehicle history reports when the inaccuracy is not based on information provided to the third-party preparer of the report by the dealer. This act shall not apply if the dealer has actual knowledge of a vehicle's accident, salvage, or service history not reflected on a third-party motor vehicle report, as defined in the act. These provisions are identical to HCS/HB 1959 (2020), and similar to SB 809 (2020). CENTRAL MISSOURI HONOR FLIGHT SPECIAL LICENSE PLATES (Section 301.3069) This act establishes a "Central Missouri Honor Flight" special license plate. The plate requires an annual emblem-use fee of $25, paid to Central Missouri Honor Flight and to be used for financial assistance to transport veterans to Washington D.C. to view veteran memorials, in addition to the $15 special personalized license plate fee and other requirements and fees as provided by law. These provisions are identical to provisions in HCS/HB 1473 (2020). MERITORIOUS SERVICE MEDAL SPECIAL LICENSE PLATES (Section 301.3159) This act establishes a "Meritorious Service Medal" special license plate. Applicants shall provide proof of having been awarded the medal as required by the Director of the Department of Revenue. There shall be an additional fee for issuance of the plates equal to the $15 special personalized license plate fee. Meritorious Service Medal license plates shall not be transferable to any other person, except that any registered co-owner of the motor vehicle shall be entitled to operate the motor vehicle with such plates for the duration of the year licensed in the event of the death of the qualified person. These provisions are identical to HB 2249 (2020) and to provisions in HCS/HB 1473 (2020). ASSOCIATION OF MISSOURI ELECTRIC COOPERATIVES SPECIAL LICENSE PLATE (Section 301.3174) This act repeals a restriction on the vehicle types for which the Association of Missouri Electric Cooperatives may approve the use of its logo on special license plates, and directs the Department of Revenue to issue the special plates for non-apportioned vehicles of any classification for which it issues plates. These provisions are identical to SCS/SB 867 (2020), HCS/HB 2040 (2020), and provisions in HCS/HB 1473 (2020). REAL ID (Section 302.170) This act removes "facial feature pattern characteristics" and "eye spacing" from the definition of biometric data (section 302.170.1), repeals the requirement for the Department to store retained driver's license application documents on a system isolated from the internet and to purge the documents from previous systems on which they were stored (section 302.170.2). The act also allows the Department of Revenue to retain documents at the request of and for the convenience of an applicant regardless of whether the applicant requests that the Department review alternative documents as proof required for issuance of a license (section 302.170.3(6)), and allows the Department to use digital images and license signatures as required for the use of software for purposes of combating fraud (section 302.170.5). Furthermore, the act requires a "knowing" standard before a person can be prosecuted for unlawfully accessing or disclosing certain driver's license data (section 302.170.8), and repeals the expiration date of the authority to comply with the federal REAL ID Act of 2005 (section 302.170.15). These provisions are identical to provisions in SB 906 (2020). DRIVER'S LICENSES (Section 302.181.1-4) This act repeals obsolete references to Social Security numbers, and updates references to film photography to reflect the use of digital images. These provisions are identical to provisions in SB 906 (2020). DIGITAL DRIVER'S LICENSES (Section 302.181.10) This act authorizes the Department of Revenue to design and implement a secure digital driver's license program that allows license applicants to obtain a digital driver's license in addition to a card-based license. The digital license shall be accepted for all purposes for which a card-based license is used. The Department may contract with one or more entities to develop the digital driver's license system, and the Department or entities may develop a mobile software application capable of being utilized through a person's electronic device to access the person's digital driver's license. The Department shall suspend, disable, or terminate a person's participation in the digital driver's license program if the driver's driving privilege is suspended, revoked, denied, withdrawn, or cancelled as provided by law, or if the person reports their electronic device has been lost, stolen, or compromised. These provisions are identical to provisions in SB 906 (2020), and similar to provisions in SB 200 (2019), provisions in SCS/HB 584 (2019), and provisions in HCS/HB 679 (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 posttraumatic stress disorder, diabetes, heart conditions, epilepsy, drug allergies, Alzheimer's or dementia, schizophrenia, autism, 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. These provisions have a delayed effective date of July 31, 2021. These provisions are identical to HCS/HB 1334 (2020), and similar to HCS/HB 207 (2019), provisions in HCS/SB 371 (2019), provisions in HB 1613 (2018), and provisions in SCS/HCS/HBs 2277 & 1983 (2018). COMMERCIAL DRIVER'S LICENSES (Sections 302.720 and 302.723) This act provides for a process by which Commercial Driver's License (CDL) applicants with disabilities may request testing accommodations for the written and driving tests, and specifies that the accommodations shall state that a hearing test shall not be required for applicants who are deaf or hard of hearing. These provisions shall be null and void if the United States Secretary of Transportation determines they will result in a loss of federal highway funding. 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 shall be null and void if the United States Secretary of Transportation determines they or the provisions relating to disabled applicants requesting testing accommodations will result in a loss of federal highway funding. These provisions are identical to SB 748 (2020), and similar to SB 234 (2019), HB 241 (2019), and provisions in HCS/SB 371 (2019). MOTOR VEHICLE INSURANCE REPORTING (Section 303.026) This act repeals an exemption from motor vehicle insurance policy issuance, nonrenewal, and cancellation reporting requirements for insurers with a statistically insignificant number of policies in force (section 303.026.3(1)), and specifies that the Director may require insurers to provide records of policies issued, cancelled, terminated, or revoked as frequently as he or she deems necessary (section 303.026.3(2)). These provisions are identical to provisions in SB 906 (2020). FIRE PROTECTION VEHICLES (Sections 304.172 and 304.180) Currently, vehicles used in fire protection are exempted from certain restrictions on height, width, weight, length, and load. This act repeals the exemption from weight and load restrictions. (Section 304.172) The act instead specifies that emergency vehicles designed to be used under emergency conditions to transport personnel and equipment and to "support the suppression of fires and" mitigate hazardous situations may have a maximum gross vehicle weight of 86,000 pounds as specified in the act, "except that, such emergency vehicles shall only operate on the Dwight D. Eisenhower National System of Interstate and Defense Highways." (Section 304.180) These provisions are identical HB 2539 (2020), and to provisions in the HCS/HB 2128 (2020). ABANDONED OR DERELICT AIRCRAFT (Sections 305.800, 305.802, 305.804, 305.806, 305.808, and 305.810) This act specifies that if a derelict or abandoned aircraft is discovered on an airport's property, the airport superintendent shall make a record of the date it was discovered, and inquire with the Federal Aviation Administration or an aircraft title search company as to the owner and any lienholders. The superintendent shall, within 10 days of receiving this information, notify the owner and any interested parties by certified mail of the aircraft's location, what fees and charges have accrued, that the aircraft is subject to an enforceable lien, that the airport may dispose of the aircraft if the owner or interested party does not move the aircraft and pay any accrued costs within 30 days, and that the airport may remove the aircraft in less than 30 days if it poses a danger to health or safety. If the owner of the aircraft can not be determined, the superintendent may post the required notice on the aircraft as specified in the provisions. (Section 305.802) If the owner or other interested party does not remove the aircraft within 30 days and pay all accrued costs, or shows reasonable cause for a failure to do so, the superintendent may retain, trade, sell at auction, or dispose of the aircraft as specified in the act. If the proceeds from sale of the aircraft is less than the fees and charges against it, the owner of the aircraft shall remain liable for the balance due. All expenses for the removal, storage, and sale of the aircraft shall be recoverable against the owner of the aircraft. (Section 305.804) This act specifies a process for airport superintendents to file liens on derelict or abandoned aircraft (Section 305.806), and for release of the liens upon sale of the aircraft (Sections 305.808 and 301.810). These provisions are identical to provisions in HCS/HB 1333 (2020), and similar to SB 1027 (2020), HB 1855 (2020), and HB 1905 (2018). TEMPORARY BOATING SAFETY IDENTIFICATION CARDS (Section 306.127) This act extends, from December 31, 2022, to December 31, 2032, the sunset date for provisions regarding the issuance of temporary boating safety identification cards. This provision is identical to SB 782 (2020). MUD FLAP REQUIREMENTS (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 SB 964 (2020), HB 1916 (2020), SCS/SB 394 (2019), HB 1002 (2019). ERIC VANDER WEERD
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