SB 38
Enacts provisions relating to transportation
Sponsor:
LR Number:
0965H.04C
Last Action:
5/13/2021 - H Informal Calendar Senate Bills for Third Reading w/HCS
Journal Page:
Title:
HCS SB 38
Calendar Position:
Effective Date:
August 28, 2021
House Handler:

Current Bill Summary

HCS/SB 38 - This act modifies provisions relating to transportation.

SCHOOL BUS DRIVERS' APPRECIATION DAY (Section 9.315)

This act designates May 10 of each year as "School Bus Drivers' Appreciation Day", and encourages citizens to recognize the day with appropriate events and activities.

This provision is identical to HB 639 (2021) and a provision in HCS/SS/SB 89 (2021), and similar to provisions in HS/HB 513 (2021).

TOWING OF COMMERCIAL VEHICLES (Section 21.795)

Under this act, the Joint Committee on Transportation Oversight ("the committee") shall promulgate rules regarding the towing of commercial motor vehicles. The committee shall ensure towing companies charge fair, equitable, and reasonable rates for services rendered in connection with the towing of commercial motor vehicles, and shall promulgate rules that:

• Establish a process for complaints against a towing company regarding the towing of a commercial vehicle;

• Establish factors used in determining whether a rate charged in connection with the towing of a commercial motor vehicle is fair, equitable, and reasonable;

• Establish a process for suspending or removing a towing company from a towing rotation with regard to the towing of commercial motor vehicles; and

• Establish information required to be included on invoices or notices associated with the towing of a commercial motor vehicle.

The committee shall meet as necessary for the implementation of this act, and the meetings may be held concurrently with existing meetings required of the committee.

If the committee determines a violation may have occurred, the complaint shall be referred to the "Commercial Motor Vehicle Towing Adjudicative Board", established in the act. The committee shall specify a recusal process for the temporary removal or replacement of members of the adjudicative board who may have a conflict of interest. No fewer than 5 members of the board shall be present when the board makes a determination in accordance with the act, and determinations shall be made by majority vote of the members present. If the board determines that a violation has occurred, the towing company that committed the violation shall not be contacted by any law enforcement agency for a nonconsensual tow for 6 months for a first violation, 12 months for a second violation, and permanently for a third violation.

The committee may make recommendations to the Governor and General Assembly regarding statutes governing the nonconsensual towing of commercial motor vehicles.

These provisions are identical to provisions in HCS/SS/SB 46 (2021), and similar to SB 387 (2021), HB 389 (2021), and HB 1101 (2019).

REMOTE SYSTEMS FOR MOTOR VEHICLE AND WATERCRAFT TRANSACTIONS (Section 32.300)

This act authorizes the Department of Revenue or any fee office to design and implement, or to contract with a third-party vendor for, a remote system that can be used through the internet or a self-service terminal for motor vehicle and watercraft transactions such as titling and registration.

These provisions are identical to SB 580 (2021).

AIM ZONES (Section 68.075)

Under current law, no advanced industrial manufacturing (AIM) zone may be established after August 28, 2023. This act extends such date to August 28, 2031.

This provision is identical to a provision in HCS/SS/SB 89 (2021), substantially similar to SB 5 (2021), SB 636 (2020), and HB 2334 (2020), and substantially similar to a provision contained in HCS/SS/SCS/SB 570 (2020), HCS/SS/SCS/SB 594 (2020), HCS/SB 686 (2020), HCS/SCS/SB 725 (2020), HCS/SB 782 (2020), and HCS/SCS/SB 867 (2020).

VOTER REGISTRATION THROUGH THE DEPARTMENT OF REVENUE (Sections 115.151, 115.160, and 115.960)

This act requires the use of electronic voter registration application forms by the Director of Revenue. The Director must additionally provide for the secure electronic transfer of voter registration information to election authorities in the manner described in the act. Election authorities are required to accept and process such records. All voter registration information sent electronically to the election authorities shall be printed out by the election authorities and retained for a period of at least two years.

The act requires the Division of Motor Vehicle and Drivers Licensing to transmit voter registration application forms to the appropriate election authority not later than 3, rather than 5, business days after the form is completed by the applicant.

These provisions are identical to SB 587 (2021) and provisions in HCS/SS/SB 46 (2021), and substantially similar to HB 372 (2021) and provisions in HS/HCS/HB 738 (2021).

ELECTRIC BICYCLES (Sections 300.010, 301.010, 302.010, 304.001, 307.025, 307.180, 307.188, 307.193, 307.194, 365.020, 407.560, 407.815, 407.1025, and 578.120)

This act creates a definition for electric bicycles of three classifications, and excludes electric bicycles from definitions for other types of vehicles.

The act exempts electric bicycles from certain vehicle lighting requirements (Section 307.025), and provides that operators of electric bicycles and shall have the same rights, duties, and responsibilities as operators of other vehicles (Section 307.188).

Electric bicycles operated by a person under the age of 17 may be impounded in the same manner as bicycles and motorized bicycles. (Section 307.193)

Except as otherwise specifically provided in the act, every person riding an electric bicycle shall be granted all of the rights and shall be subject to all of the duties applicable to the operator of a bicycle, and shall be considered a vehicle to the same extent as a bicycle. (Section 307.194.1)

Electric bicycles and their operators are not subject to provisions of law applicable to motor vehicles, ATVs, off-road vehicles, off-highway vehicles, motor vehicle rentals, motor vehicle dealers or franchises, or motorcycle dealers or franchises, including with regard to vehicle registration, titling, drivers' licensing, and financial responsibility. (Section 307.194.2)

Beginning August 28, 2021, manufacturers and distributors of electric bicycles shall apply a permanent label to each electric bicycle detailing certain information as described in the act. (Section 307.194.3). No person shall modify an electric bicycle's capabilities unless he or she replaces the required label with a new label indicating the new classification. (Section 307.194.4)

Electric bicycles shall comply with equipment and manufacturing requirements under the federal law applicable to bicycles (Section 307.194.5), and shall operate in a manner such that the electric motor does not function when the rider stops pedaling or applies the brakes (Section 307.194.6).

Electric bicycles may be operated in any place where bicycles are permitted to travel, provided that political subdivisions may regulate the operation of electric bicycles as provided in the act, and that these provisions shall not apply to a natural surface trail or other path designated as nonmotorized. (Section 307.194.7)

The operation of a class 3 electric bicycle, as defined in the act, shall be limited to persons at least 16 years of age. Persons under the age of 16 may ride as a passenger, provided the electric bicycle is designed to accommodate passengers. (Section 307.194.8)

The act also exempts electric bicycles from the prohibition against licensed vehicle dealers, distributors, and manufacturers operating a place of business for the sale or exchange of vehicles on Sunday. (Section 578.120.1(3))

These provisions are identical to provisions in HCS/SS/SB 89 (2021) and similar to provisions in HCS/HB 307 (2021).

LEFT TURNS AT A RED LIGHT (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 570 (2021), provisions in HCS/SS/SB 89 (2021), provisions in HCS/HB 307 (2021), HB 1541 (2020), provisions in CCS#2/HCS/SCS/SB 147 (2019), HB 402 (2019), and provisions in HCS/SB 371 (2019), and similar to HB 2432 (2018).

BICYCLES ON SIDEWALKS AND CROSSWALKS (Sections 300.347 and 307.182)

This act repeals a provision of the model local traffic ordinances specifying that no person shall ride a bicycle on a sidewalk in a business district, and modifies the model local traffic ordinances to specify that notwithstanding any provision of state or local law, ordinance, or regulation to the contrary, a bicycle is authorized to operate on any sidewalk or crosswalk of any county or municipality in the state. (Section 300.347)

The act also provides under state law that notwithstanding any provision of state or local law, ordinance, or regulation to the contrary, bicycles may operate on any sidewalk or crosswalk of any county or municipality in this state. (Section 307.182)

These provisions are identical to provisions in HCS/SS/SB 46 (2021).

DISPLAY OF FIXED, FLASHING, OR ROTATING LIGHTS (Sections 304.022 and 307.175)

This act allows coroners, medical examiners, and forensic investigators of the county medical examiner's office or a similar entity to display emergency lights on their vehicles or equipment when responding to a crime scene, motor vehicle accident, workplace accident, or any location where their services are requested by law enforcement (Section 307.175), and accordingly modifies the definition of "emergency vehicle" for purposes of motorists' obligation to yield to emergency vehicles displaying emergency lighting (Section 304.022).

These provisions are identical to provisions in HCS/SS/SB 89 (2021) and provisions in HCS/HB 307 (2021), and similar to HB 380 (2021).

AUTOCYCLES (Section 301.010(2))

This act modifies the definition of an autocycle by repealing the requirement that the vehicle is designed to be controlled with a steering wheel and pedals.

This provision is identical to a provision in HB 661 (2021) and a provision in HCS/SS/SB 89 (2021).

LIMITATIONS ON CERTAIN COMMERCIAL MOTOR VEHICLES (Sections 301.010 and 304.240)

The act modifies the definitions of land improvement contractors' commercial motor vehicle, local log truck, and local log truck tractor to increase, from 100 miles to 150 miles, the radius within which the vehicles may operate in certain circumstances, and to specify weight limits for the vehicles (Sections 301.010(29)-(30)). The act provides for weight-based penalty amounts for load limit violations involving local log trucks or local log truck tractors (section 304.240).

The act also repeals the requirement that local log trucks carry a load with dimensions not in excess of 25 cubic yards per two axles with dual wheels. (Section 301.010(29))

These provisions are identical to provisions in HCS/SS/SB 89 (2021), and similar to provisions in HCS/HB 307 (2021) and provisions in HCS/HB 1270 (2021).

FARM FLEET VEHICLES (Section 301.033)

This act requires the Director of the Department of Revenue to establish a system of registration on a calendar year basis, applicable to all farm vehicles owned or purchased by the owner of a farm vehicle fleet. Any owner of more than one farm vehicle required to be registered may register a fleet of farm vehicles on a calendar year or biennial basis in lieu of standard registration periods.

All farm fleet vehicles shall be registered in April or on a prorated basis as provided in the act, and fees for farm fleet vehicles registered on a calendar year or biennial basis shall be payable not later than the last day of April, with 2 years' fees due for biennial registration. The act requires a certificate of inspection and approval issued no more than 120 days prior to registration. Fees for vehicles subsequently added to an existing farm vehicle fleet shall be prorated as specified in the act.

Farm vehicles registered under this act shall be issued a multi-year special license plate bearing the words "Farm Fleet Vehicle" and not requiring issuance of registration renewal tabs. Upon payment of the registration fees, the Director of the Department of Revenue shall issue a registration certificate or other suitable evidence that annual or biennial fees have been paid, which shall be carried in the vehicle at all times.

These provisions are identical to HB 153 (2021), provisions in HCS/SS/SB 89 (2021), provisions in HCS/SS/SCS/SB 4 (2021), and provisions in HB 661 (2021).

PERSONALIZED LICENSE PLATES (Section 301.144)

This act repeals the prohibition against issuance of personalized license plates determined by the Director of the Department of Revenue to be obscene, profane, patently offensive or contemptuous of a racial or ethnic group, or otherwise offensive or presenting an unreasonable danger to the safety of the applicant or public. The act prohibits the Director from applying the act in a way that violates the United States Constitution or Missouri Constitution as determined by courts with controlling authority. The act specifies that issuance of personalized license plates does not create a designated or limited public forum, and specifies that the act shall not be construed as prohibiting license plates that are invalid for registration purposes from being used as collector's items or for decorative purposes.

BIENNIAL MOTOR VEHICLE REGISTRATIONS (Sections 301.147, 307.350, and 643.315)

This act repeals the requirement that biennial vehicle registrations shall be renewed in even-numbered years if the vehicle's manufacturer model year is an even-numbered year, and in odd-numbered years if the manufacturer model year is an odd-numbered year. (Section 301.147). The act accordingly modifies certain vehicle safety and emissions inspection statutes to refer to biennial registration generally. (Section 307.350 and 643.315)

These provisions are identical to provisions in HCS/SS/SB 89 (2021), and substantially similar to provisions in SCS/HB 578 (2021).

ODOMETER READINGS (Sections 301.192, 301.280, 407.526, 407.536, and 407.556)

This act increases, from 10 years to 20 years, the maximum age of motor vehicle required to have its odometer readings recorded in certain circumstances. (Sections 301.192.1(6) and 301.280.1). A corresponding change is made with regard to odometer fraud offenses. (Sections 407.526 and 407.556.2(2)). The act also specifies that the Department of Revenue may allow electronic signatures on written powers of attorney authorizing mileage disclosures and transfers of ownership. (Section 407.536.8)

These provisions are identical to provisions in HCS/SS/SB 89 (2021), provisions in HCS/SS/SB 89 (2021), provisions in SB 370 (2021), and provisions in HCS/SS/SCS/SB 4 (2021), and similar to HB 2660 (2020).

ADMINISTRATIVE FEES CHARGED BY VEHICLE DEALERS IN CONNECTION WITH THE SALE OR LEASE OF A VEHICLE (Section 301.558)

This act creates the Motor Vehicle Administration Technology Fund, to which 10% of administrative fees charged by motor vehicle dealers shall be remitted for purposes of developing a modernized, integrated system for the titling of vehicles, the issuance and renewal of vehicle registrations, driver's licenses, and identification cards, and the perfection and release of liens and encumbrances on vehicles. Following establishment of the system, the percentage of the fees required to be remitted is reduced to 1%. These provisions shall expire on January 1, 2037. (Section 301.558.3)

Additionally, this act increases, from less than $200 to $500 or less, the maximum administrative fee a motor vehicle, boat, or powersport dealer licensed by the Department of Revenue may charge for document storage or other administrative or clerical services without being deemed to be engaged in the unauthorized practice of law. The maximum administrative fee specified under the act shall be increased annually by the Consumer Price Index for All Urban Consumers, or by zero, whichever is greater. (Section 301.558.4)

The act provides that the same administrative fee need not be charged to all retail customers if the dealer's franchise agreement limits the fee to certain classes of customers. (Section 301.558.5)

These provisions are identical to provisions in HCS/SS/SB 89 (2021), provisions in the perfected SS/SB 46 (2021) and provisions in HCS/SS/SCS/SB 4 (2021), and similar to SB 195 (2021) and SB 1046 (2020).

CANCER AWARENESS SPECIAL LICENSE PLATE (Section 301.3083)

This act provides for the issuance of a cancer awareness special license plate upon a $25 contribution to support cancer awareness activities conducted by the Department of Health and Senior Services, a $15 additional fee, and regular registration fees. No additional fee is charged for personalization of the plates.

These provisions are identical to HB 569 (2021) and provisions in HCS/SS/SB 89 (2021).

BOY SCOUTS OF AMERICA SPECIAL LICENSE PLATE APPLICANT LIST (Section 301.3139)

This act exempts the legislatively-created Boy Scouts of America special license plate from the requirement for administratively-created license plates to submit a list of potential applicants with the application to the Department of Revenue for the plate's creation.

This provision is identical to HB 660 (2021) and provisions in HCS/SS/SB 89 (2021).

NEGRO LEAGUES BASEBALL MUSEUM SPECIAL LICENSE PLATE (Section 301.3179)

This act creates a "Negro Leagues Baseball Museum" special license plate. Upon making a $10 contribution to the Negro Leagues Baseball Museum, a vehicle owner may apply for the plates. Applicants shall also pay a $15 fee in addition to regular registration fees, but no additional fee shall be charged for the personalization of the plates.

These provisions are identical to the truly agreed to and finally passed SB 189 (2021), provisions in HCS/SS/SB 89 (2021), HB 100 (2021), and similar to HB 2690 (2020).

DEAF OR HARD OF HEARING LICENSE PLATE STICKERS (Section 302.174)

This act provides that Missouri residents who apply for a deaf or hard of hearing notation on their driver's license may also apply for a deaf or hard of hearing sticker to be placed on the rear license plate of their motor vehicle.

This provision is identical to HB 1150 (2021) and a provision in HCS/SS/SB 89 (2021).

CDL BANS FOR HUMAN TRAFFICKING CONVICTIONS (Section 302.755)

The act also enacts a lifetime ban from driving a commercial motor vehicle for any person convicted of using a commercial motor vehicle in the commission of a felony involving "severe forms of human trafficking in persons", as defined by federal law. (Section 302.755.19)

These provisions are identical to provisions in HCS/SS/SB 89 (2021), provisions in HCS/SS/SCS/SB 4 (2021), provisions in SB 370 (2021), and provisions in HB 661 (2021), and substantially similar to provisions in SS#2/SCS/SB 262 (2021) and provisions in SCS/HB 578 (2021).

HEAD START BUSES (Section 304.050)

This act provides that Head Start buses that are certified by the Highway Patrol as meeting certain inspection requirements, operated by the holder of a validly-endorsed commercial driver's license who meets certain medical requirements, and transporting students to and from Head Start shall be included in the statute regarding traffic control for school bus loading, stopping, and passing purposes.

These provisions are substantially similar to HB 257 (2021) and provisions in HCS/SS/SB 89 (2021).

PERSONAL DELIVERY DEVICES (Section 304.900)

This act enacts provisions relating to personal delivery devices ("PDDs"), as defined in the act.

PDDs may operate on sidewalks and crosswalks, and may operate on county or municipal roadways provided they do not unreasonably interfere with motor vehicles or traffic. (Section 304.900.2)

PDDs shall not block public rights of way, shall obey traffic and pedestrian control signals, shall not exceed 10 miles per hour on a sidewalk, shall display a unique identification number, shall include a means of identifying the operator of the device, and shall be equipped with a system allowing the device to come to a controlled stop. (Section 304.900.3)

PDDs operating on sidewalks shall have the same rights and responsibilities as pedestrians. (Section 304.900.4). PDDs shall be exempt from motor vehicle registration requirements (Section 304.900.5), and shall maintain a general liability insurance policy of at least $100,000 (Section 304.900.6). PDDs operated at night shall be equipped with lighting as provided in the act. (Section 304.900.7). PDDs shall not be used to transport hazardous materials regulated by federal law as specified in the act. (Section 304.900.8)

Nothing in this act shall prohibit a political subdivision from regulating the operation of PDDs on highways or pedestrian areas to insure the welfare and safety of its residents. However, political subdivisions shall not regulate the design, manufacture and maintenance of PDDs or the types of property they may transport. No political subdivision shall treat PDDs differently than other similar personal property for assessment or taxation purposes, or for other charges. (Section 304.900.9)

The act prohibits PDD operators from selling or disclosing a personally identifiable likeness, as described in the act, to a third party in exchange for monetary compensation. Use of personally identifiable likenesses by PDD operators to improve their products or services is specifically allowed under the act, and information that would otherwise be protected under the act shall only be provided to a law enforcement entity by subpoena. (Section 304.900.10)

These provisions are similar to provisions in HCS/SS/SB 176 (2021), identical to HCS/HB 592 (2021), and similar to HCS/HB 2290 (2020).

PERMANENT VESSEL REGISTRATION (Section 306.030)

This act provides that vessels may be issued a permanent certificate of number upon payment of 3 times the amount required for a 3-year certificate of number and 3 times any processing fee applicable to a 3-year certificate of number. Permanent certificates of number shall not be transferred to any other person or vessel, or displayed on any vessel other than the vessel for which it was issued, and shall continue in force and effect until terminated or discontinued as provided by law. (Section 306.030.6)

These provisions are identical to provisions in the truly agreed to and finally passed HCS/SCS/SB 49 (2021) and provisions in HCS/SS/SB 46 (2021).

MOTORCYCLE LIGHTING (Section 307.128)

This act provides that motorcycles may be equipped with and use auxiliary lighting of any color, rather than only amber and white.

This provision is identical to HB 996 (2021), a provision in HCS/SS/SB 89 (2021), a provision in HCS/SS/SCS/SB 4 (2021), and a provision in HB 661 (2021).

NEW MOTOR VEHICLE SAFETY INSPECTIONS (Section 307.380)

This act exempts new motor vehicles from the requirement that motor vehicles receive a safety inspection immediately prior to their sale regardless of any current certificate of inspection and approval.

These provisions are identical to HB 687 (2021), provisions in HCS/SS/SB 89 (2021), provisions in SS/SB 46 (2021), provisions in SCS/HB 578 (2021), and provisions in HCS/SS/SCS/SB 4 (2021).

DIGITAL ELECTRONIC EQUIPMENT (Section 407.005)

This act provides a definition for the term "digital electronic equipment" applicable to the chapter of law governing merchandising practices, and provides that the term "shall not include any motor vehicle manufacturer, manufacturer of motor vehicle equipment, or motor vehicle dealer, or any product or service of a motor vehicle manufacturer, manufacturer of motor vehicle equipment, or motor vehicle dealer acting in that capacity".

These provisions are identical to provisions in the truly agreed to and finally passed HCS/SS/SB 176 (2021).

RECORDS FOR THE SALE OF METAL (Section 407.300)

This act requires records of sales of certain metals to be maintained for 3 years rather than 2 years. A transaction that includes a detached catalytic converter shall occur at the fixed place of business of the purchaser. A detached catalytic converter shall be maintained for 5 business days before it is altered, modified, disassembled, or destroyed.

Anyone licensed for selling motor vehicle parts as set forth in statute who is knowingly purchases a stolen detached catalytic converter shall be subject to penalties as set forth in the act.

Currently, every purchaser or collector of, or dealer in, junk, scrap metal, or any second hand property is required to maintain written or electronic records for each purchase or trade in which certain types of material are obtained for value, with exceptions. This act repeals the exception to the records requirement for any transaction for which the total amount paid for all regulated material purchased or sold does not exceed $50, unless the material is a catalytic converter.

The records requirement of the act does not apply to transactions for which the seller has an existing business relationship with the purchaser and for which the seller is paid by check or by electronic funds transfer, or the seller produces an acceptable identification, which shall be a copy of the driver's license or photo identification issued by the state or by the U.S. government or agency thereof, and a copy is retained by the purchaser.

These provisions are identical to provisions in HCS/SS/SB 89 (2021), provisions in HCS/SS/SCS/SB 4 (2021), and similar to provisions in HCS/HB 1153 (2021) and provisions in SCS/HCS#2/HB 69 (2021).

OFFENSE OF STEALING - CATALYTIC CONVERTERS (Section 570.030)

The offense of stealing shall be a Class E felony if the property is a catalytic converter.

This provision is identical to a provision in HCS/SS/SB 89 (2021), a provision in HCS/SS/SCS/SB 4 (2021), a provision in HCS/HB 1153 (2021), and a provision in SCS/HCS#2/HB 69 (2021).

FRONT LICENSE PLATES (Section 1)

This act provides that motor vehicles not equipped with a front license plate bracket shall not be required to display a front license plate. At the time of registration or renewal, the owner of the motor vehicle shall surrender the front license plate to the Department of Revenue and notify the Department that the vehicle is not equipped with a front license plate bracket.

These provisions are identical to provisions in HCS/SS/SB 89 (2021), and similar to provisions in HB 578 (2021), HB 703 (2021), and HB 985 (2021).

ERIC VANDER WEERD