HB 661 Modifies provisions relating to transportation

     Handler: Brown

Current Bill Summary

- Prepared by Senate Research -


SS/HB 661 - This act modifies provisions relating to transportation.

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 similar to SCS/SB 387 (2021), HB 389 (2021), and HB 1101 (2019).

FEES PAID TO THE HIGHWAY PATROL (Section 43.253)

This act provides that a minimum fee of $5 may be charged by the Missouri State Highway Patrol for any request where there are allowable fees of less than $5. Such $5 fee shall be in place of any allowable fee of less than $5.

The Superintendent of the Missouri State Highway Patrol may increase the minimum fee by not more than $1 every other year following August 28, 2021. The minimum fee shall not exceed $10.

Additionally, this act provides that a request for public records shall be considered withdrawn if the requester fails to remit all fees within 30 days of a request for payment of the fees by the Missouri State Highway Patrol.

These provisions are identical to SB 429 (2021).

BIENNIAL ALTERNATIVE FUEL DECALS (Section 142.869)

This act provides that owners of alternative fuel vehicles may purchase a biennial alternative fuel decal for a fee of twice the amount of an annual alternative fuel decal.

ELECTRIC VEHICLE TASK FORCE (Section 142.1000)

This act establishes within the Department of Revenue the "Electric Vehicle Task Force", with membership as specified in the act. As detailed in the act, the task force shall analyze and make recommendations regarding the impact of electric vehicle adoption on transportation funding. The task force shall deliver a written report to the General Assembly and the Governor no later than December 31, 2022. (Section 142.1000).

These provisions are similar to provisions in SS#2/SCS/SB 262 (2021).

SCHOOL BUS SAFETY TASK FORCE (Section 162.066)

This act establishes the Joint Task Force on School Bus Safety to study school bus transportation safety in public schools. The Task Force shall include two state representatives appointed by the Speaker of the House of Representatives, two senators appointed by the President Pro Tempore of the Senate, the Commissioner of Education or his or her designee, the Director of the Department of Transportation or his or her designee, and the Director of the Department of Public Safety or his or her designee.

Starting in 2022, the Task Force shall meet at least three times annually to develop an annual report analyzing school bus transportation safety in public schools, including analyzing entrance and exit safety, the effectiveness of seatbelts, and other related topics determined by the Task Force chair. The Task Force shall submit its report to the Governor and General Assembly by December 31st each year.

These provisions are identical to SB 609 (2021).

PUBLICATION OF COST ESTIMATES FOR WORK ON THE STATE HIGHWAY SYSTEM (Section 227.101)

This act specifies that the Highways and Transportation Commission shall publish on the Department of Transportation's official website its cost estimate and project completion date for any construction, maintenance, or repair work on the state highway system at the time bidding on a contract for the work first closes.

This provision is identical to SCS/SB 239 (2021) and similar to SB 810 (2020).

ELECTRIC BICYCLES (Sections 300.010, 301.010, 302.010, 303.020, 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/HB 307 (2021), and provisions in HCS/SS/SB 176 (2021), and similar to SB 38 (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 HB 91 (2021) and a provision in HCS/SS/SCS/SB 4 (2021).

LIMITATIONS ON CERTAIN COMMERCIAL MOTOR VEHICLES (Sections 301.010, 301.062, 304.180, and 304.240)

The act increases, from 100 miles to 150 miles, the radius within which land improvement contractors' commercial motor vehicles, local log trucks, and local log truck tractors may operate in certain circumstances (Section 301.010(27), (29) and (30)), and modifies a reference in the statute on extended distance log truck permits to refer to the radius specified in the definitions section rather than a specific number (section 301.062).

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)).

Lastly, the act specifies weight limits for local log trucks, specifies or relocates weight limits for local log truck tractors (section 304.180.14), and provides for weight-based penalty amounts for load-limit violations involving local log trucks or local log truck tractors (Section 304.240).

These provisions are similar to 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).

HISTORIC MOTOR VEHICLE MILEAGE RESTRICTION (Section 301.131)

Currently historic motor vehicles may be operated for personal use, as described in the statute, for no more than 1000 miles per year. This act repeals this limitation.

This provision is identical to SB 278 (2021), HB 1562 (2020), and HB 1118 (2019).

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 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, and specifies that the requirement shall only apply to vehicles with model years of 2011 or newer. (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 subject to an emergency clause. (Section B).

These provisions are identical to provisions in SCS/HB 578 (2021), and similar to provisions in the perfected SS#2/SCS/SB 262 (2021), provisions in SB 370 (2021), and 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 greater of 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 SCS/HB 578 (2021), and provisions in SS/SB 46 (2021), and similar to SB 195 (2021) and SB 1046 (2020).

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 subject to an emergency clause. (Section B).

These provisions are substantially similar to provisions in SCS/HB 578 (2021), provisions in the perfected SS#2/SCS/SB 262 (2021), and provisions in SB 370 (2021).

MOTOR VEHICLE FINANCIAL RESPONSIBILITY (Sections 303.025, 303.041, 303.420, 303.422, 303.425, 303.430, and 303.440)

The act specifies that the Department of Revenue shall establish by rule a process for the voluntary suspension of motor vehicle registration for vehicles which are inoperable or being stored and not in operation. The owner or nonresident shall not further operate the vehicle until notifying the Department that the vehicle will be in use, and the Department shall reinstate the registration upon receipt of proof of financial responsibility. Owners or nonresidents who operate a motor vehicle during a period of inoperability or storage claimed under the act shall be guilty of a class B misdemeanor, and may additionally be guilty of a violation of The Motor Vehicle Financial Responsibility Law.

The act also provides that the Department of Revenue may verify motor vehicle financial responsibility as provided by law, but shall not otherwise take enforcement action unless the Director determines a violation has occurred as described in the act. (Section 303.025.1).

Currently, a first violation of The Motor Vehicle Financial Responsibility Law is punishable as a class D misdemeanor, meaning a fine may be imposed of up to $500; a second or subsequent offense is punishable by up to 15 days in jail and/or a fine not to exceed $500. Under the act, a second or subsequent offense may be punished by up to 15 days in jail and shall be punished by a fine not less than $200 but not to exceed $500. (Section 303.025.3). Fines owed to the state for violations of the Motor Vehicle Financial Responsibility Law may be eligible for payment in installments. Rules for the application of payment plans shall take into account individuals' ability to pay. (Section 303.025.6).

The provisions of section 303.025 shall take effect on January 1, 2023. (Section C).

This act establishes the "Motor Vehicle Financial Responsibility Verification and Enforcement Fund" to be used by the Department of Revenue for the administration of the act. (Section 303.422).

This act creates, within the Department of Revenue, the Motor Vehicle Financial Responsibility Enforcement and Compliance Incentive Program ("the program") for the purpose of enforcing The Motor Vehicle Financial Responsibility Law. The Department of Revenue shall have the authority to contract with third-party vendors to facilitate the program. The Department of Revenue or its third-party vendor shall utilize technology to compare vehicle registration information with the information accessible through the motor vehicle financial responsibility verification system established under the act ("the verification system"), and the Department shall use this information to identify motorists who are in violation of The Motor Vehicle Financial Responsibility Law. All fees paid to the third-party vendors may come from violator diversion fees generated by the pretrial diversion option established under the act as an alternative to statutory fines and reinstatement fees prescribed under The Motor Vehicle Financial Responsibility Law. (Section 303.425.1).

The Department of Revenue may authorize law enforcement agencies or third-party vendors to use technology to collect data for purposes of the program. (Section 303.425.2). The Department may authorize traffic enforcement officers or third-party vendors to administer the processing and issuance of notices of violation and the collection of fees under the program. (Section 303.425.3). Access to the verification system shall be restricted to authorized parties as provided in the act. (Section 303.425.4). For purposes of the program, certain data specified in the act may be used to identify vehicles as being in violation of The Motor Vehicle Financial Responsibility Law, and shall constitute evidence of the violation. (Section 303.425.5).

Except as otherwise provided in the act, the Department of Revenue shall suspend, as provided by law (see section 303.041), the registration of any motor vehicle that is determined under the program to be in violation of The Motor Vehicle Financial Responsibility Law. (Section 303.425.6).

The Department of Revenue shall send to an owner whose vehicle is identified under the program as being in violation of The Motor Vehicle Financial Responsibility Law a notice that the vehicle's registration may be suspended unless the owner, within 30 days, provides proof of financial responsibility or proof of a pending criminal charge for a violation of The Motor Vehicle Financial Responsibility Law. The notice shall include information on obtaining proof of financial responsibility, as provided in the act. If proof of financial responsibility or a pending criminal charge is not provided within the time allotted, the Department shall suspend the vehicle's registration in accordance with current law, or shall send a notice of vehicle registration suspension, clearly specifying the grounds for and effective date of the suspension, the right to and procedure for requesting a hearing, and the date by which the request for hearing must be made, as well as informing the owner that the matter will be referred for prosecution, informing the owner that the minimum penalty for the violation is $300 and 4 license points, and offering the owner participation in a pretrial diversion option to preclude referral for prosecution and registration suspension under the act. The notice of vehicle registration suspension shall give a period of 3 days from mailing for the vehicle owner to respond, and shall be deemed received 3 days after mailing.

If no request for hearing or agreement to participate in the diversion option is received prior to the date of suspension, the Director shall suspend the registration immediately and refer the case for prosecution.

If an agreement to participate in the diversion option is received prior to the date of suspension, then upon payment of a diversion participation fee not to exceed $200, and agreement to obtain and retain financial responsibility for a period of 2 years, then no points shall be assessed to the owner's driver's license, and the Department shall not take further action against the owner under the act, subject to compliance with the terms of the pretrial diversion option. The Department shall suspend the registration of, and refer cases for prosecution of, participating vehicle owners who violate the terms of the pretrial diversion option.

If a request for hearing is received prior to the date of suspension, then for all purposes other than eligibility for the diversion option, the effective date of suspension shall be stayed until a final order is entered following the hearing. The Department shall suspend the registration of vehicles determined under the final order to have been in violation of The Motor Vehicle Financial Responsibility Law, and shall refer the case for prosecution.

The Department of Revenue or its third-party vendor shall issue receipts for the collection of diversion option participation fees, and the fees shall be paid into the Motor Vehicle Financial Responsibility Verification and Enforcement Fund, established in the act. A vehicle owner whose registration is suspended under the act may obtain reinstatement upon providing proof of financial responsibility and payment to the Department of a nonrefundable reinstatement fee. (Section 303.425.7).

Data collected or retained under the program shall not be used by any entity for purposes other than enforcement of The Motor Vehicle Financial Responsibility Law. Data collected and stored by law enforcement under the program shall be considered evidence if a violation is confirmed. The evidence and a corresponding affidavit as provided in the act shall constitute probable cause for prosecution, and shall be forwarded to the appropriate prosecuting attorney as provided in the act. (Section 303.425.8).

Owners of vehicles identified as being in violation of The Motor Vehicle Financial Responsibility Law shall be provided with options for disputing claims which do not require appearance at any court of law or administrative facility. Any person who provides timely proof that he or she was in compliance with The Motor Vehicle Financial Responsibility Law at the time of the alleged violation shall be entitled to dismissal of the charge with no assessment of fees or fines. Any proof provided that a vehicle was in compliance at the time of the alleged offense shall be recorded in the system established by the Department of Revenue under the act. (Section 303.425.9).

The collection of data or use of technology shall be done in a manner that prohibits bias towards a specific community, race, gender, or socioeconomic status of vehicle owner. (Section 303.425.10). Law enforcement agencies, third-party vendors, or other entities authorized to operate under the program shall not sell data collected or retained under the program for any purpose or share it for any purpose not expressly authorized by law. All data shall be secured and any third-party vendor may be liable for any data security breach. (Section 303.425.11).

The Department of Revenue shall not take action under the act against fleet vehicles, or against vehicles known to the Department of Revenue to be insured under a policy of commercial auto insurance, as defined in the act. (Section 303.425.12).

Following one year after the implementation of the program, and annually thereafter, the Department of Revenue shall provide a report on the program's operations as provided in the act. The Department may, by rule, require the state, counties, and municipalities to provide information in order to complete the report. (Section 303.425.13).

This act requires the Department of Revenue to establish a web-based system for the verification of motor vehicle financial responsibility, and to provide access to insurance reporting data and vehicle registration and financial responsibility data. The Department shall require motor vehicle insurers to establish functionality for it as provided in the act, and the system shall be the sole system used in the state for online verification of financial responsibility. (Section 303.430.1).

The verification system shall transmit requests to insurers for verification of insurance coverage via web services established in accordance with Insurance Industry Committee on Motor Vehicle Administration ("IICMVA") specifications, and the insurance company system shall respond with a prescribed response upon evaluating the data provided in the request. The system shall include appropriate data security protections, and the Department of Revenue shall maintain a historical record of the system data for up to 12 months from the date of the requests and responses. The system shall be used to verify financial responsibility required by law, and shall be accessible by authorized employees of the Department, the courts, law enforcement, and other entities as authorized by law, and shall be interfaced, wherever appropriate, with existing state systems. The system shall include information enabling the Department to submit inquiries to insurers regarding motor vehicle insurance which are consistent with insurance industry and IICMVA standards by using the insurer's National Association of Insurance Commissioners company code, vehicle identification number, policy number, verification date, or as otherwise described in IICMVA standards. The Department shall promulgate rules to offer insurers of 1,000 or fewer vehicles an alternative method for verifying coverage in lieu of web services, and to provide for the verification of financial responsibility when proof of financial responsibility is provided to the Department by means other than a policy of insurance. Insurers are not required to verify insurance coverage for vehicles registered in other jurisdictions. (Section 303.430.2(1)).

The verification system shall respond within a time period established by the Department of Revenue. An insurer's system shall respond within the time period prescribed by the IICMVA's specifications and standards. Insurer systems shall be permitted reasonable system downtime for maintenance and other work with advance notice to the Department. Insurers shall not be subject to enforcement fees or other sanctions under such circumstances, or when their systems are not available because of emergency, outside attack, or other unexpected outages not planned by the insurer and reasonably outside of its control. (Section 303.430.2(2)).

The verification system shall assist in the identification of motorists operating in violation of The Motor Vehicle Financial Responsibility Law in the most effective way possible. System responses shall have no effect on the determination of coverage under a claim. Nothing in this act shall prohibit the Department of Revenue from contracting with a third-party vendor or vendors who have successfully implemented similar systems in other states. (Section 303.430.2(3)).

The Department of Revenue shall consult with insurance industry representatives and may consult with third-party vendors to determine the objectives, details, and deadlines related to the system by establishing an advisory council with membership as specified in the act. (Section 303.430.2(4)).

The Department of Revenue shall publish for comment, and then issue, a detailed implementation guide for its online verification system. (Section 303.430.2(5)).

The Department of Revenue and its third-party vendors, if any, shall each maintain a contact person for insurers during the establishment, implementation, and operation of the system. (Section 303.430.2(6)).

If the Department of Revenue has reason to believe a vehicle owner does not maintain financial responsibility as required by law, it may also request for the insurer to verify the existence of financial responsibility in a form approved by the Department of Revenue. Insurers shall cooperate with the Department of Revenue in establishing and maintaining the verification system, and shall provide motor vehicle insurance policy status information in accordance with rules promulgated by the Department of Revenue. (Section 303.430.2(7)).

Every property and casualty insurer licensed to issue motor vehicle insurance or authorized to do business in this state shall comply with this act for the verification of any vehicle for which the insurer issues a policy in this state. (Section 303.430.2(8)).

For purposes of historical verification inquiries, insurers shall maintain a historical record of insurance data for a minimum period of 6 months from the date of a policy's inception or modification. (Section 303.430.2(9)).

The act shall not apply with regard to "commercial auto coverage", as defined in the act. However, such insurers may participate on a voluntary basis, and vehicle owners may provide the Department with proof of commercial auto coverage to be recorded in the verification system. (Section 303.430.2(10)). Individuals covered by commercial or fleet automobile policies shall be provided with proof of coverage as described in the act. (Section 303.430.2(11)).

Insurers shall be immune from civil and administrative liability for good faith efforts to comply with this act. Nothing in this act shall prohibit an insurer from using the services of a third-party vendor for facilitating the verification system as required under the act. (Section 303.430.2(12)-(13)).

The verification system shall be in operation by January 1, 2023, following a testing period of not less than 9 months. No enforcement action shall be taken based on the system until successful completion of the testing period. (Section 303.440).

These provisions are similar to SS/SCS/SB 4 (2021), SB 1086 (2020), and HB 2733 (2020).

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).

MOTOR CLUBS (Sections 304.153, 385.220, 385.320, and 385.450)

This act modifies the existing definition of "motor club" to specify that such term includes entities providing services relating to motor travel, which may include but are not limited to towing services, emergency road services, bail bond services, discount services, theft services, map services, touring services, legal fee reimbursement services in the defense of traffic offenses, and participation in an accident and sickness or accidental death insurance benefit program.

The act also specifies that fees collected from the sale of motor club contracts shall not be subject to premium tax, and provides that motor clubs complying with the provisions of the act shall not be subject to provisions governing insurance companies in this state.

These provisions are identical to SB 89 (2021), SB 1013 (2020) and HB 2465 (2020).

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

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).

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 provisions in SCS/HB 578 (2021), provisions in SS/SB 46 (2021), and to HB 687 (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".

RECORDS FOR THE SALE OF CATALYTIC CONVERTERS (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 similar to provisions in SCS/HCS#2/HB 69 (2021) and to HCS/HB 1153 (2021).

PENALTY FOR 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 SCS/HCS#2/HB 69 (2021).

MOTOR VEHICLE EMISSIONS INSPECTION PROGRAM (Section 643.310):

The act exempts St. Charles County, Franklin County, and Jefferson County from the motor vehicle emissions inspection program established by the Air Conservation Commission.

If these provisions have the effect of placing the state in noncompliance with any federal constitutional, statutory, or regulatory provision that results in the loss of any federal funds to the state, these provisions shall expire 3 years from the date the state is deemed to be in noncompliance.

These provisions are similar to provisions in HCS/SCS/SB 40 (2021), and similar to SB 156 (2021).

OVERNIGHT PARKING OF COMMERCIAL VEHICLES (Section 1)

This act prohibits businesses located within 500 feet of real property owned or leased by a hospital from offering overnight parking, unless a public hearing is held and owners and lessors of real property located within 500 feet of the business are timely notified and given an opportunity to be heard.

ERIC VANDER WEERD


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