SS SCS SB 1233, 840 & 1043 -- MOTOR VEHICLES

SPONSOR:  Dolan (Schlottach)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Transportation and Motor Vehicles by a vote of 20 to 0.

This substitute changes the laws regarding motor vehicles.

DRIVEAWAY OPERATIONS

The substitute modifies the definition of "driveaway operation"
to include the transporting of vehicles from one place to another
by driveaway or towaway methods or by any person who is lawfully
engaged in the business of transporting or delivering vehicles
that are not their own or vehicles that are required to be
registered by the driveaway or towaway methods from the point of
manufacture, assembly, or distribution or from the owner of the
vehicle to a dealer or sales agent of the manufacturer or to any
consignee designated by the shipper or consignor.

Driveaway license plates may only be used for the purpose of
transporting vehicles and may not be used by tow truck operators
moving wrecked, disabled, abandoned, improperly parked, or burned
vehicles.

The substitute also extends the area of operation for land
improvement contractors' commercial motor vehicle from 25 miles
to 50 miles when transporting its owner's machinery, equipment,
or supplies to and from projects involving soil and water
conservation or to and from the dealer for maintenance.

MOTOR VEHICLE REGISTRATIONS

Beginning July 1, 2005, the substitute allows the Director of the
Department of Revenue to refuse to issue or renew a motor vehicle
registration if the owner owes vehicle-related fees or fines to
the cities of St. Louis or Kansas City.

The substitute specifies the notification and appeals process.

TRAFFIC FINES IN KANSAS CITY

The substitute allows the City of Kansas City to collect traffic
fines, parking fines, towing and vehicle immobilization fees, and
the associated penalties and court costs at the same time as a
taxpayer's personal property taxes.

ANNUAL REGISTRATION FEES

The substitute changes the laws regarding annual registration
fees on passenger motor vehicles by removing all references to
horsepower ratings and charging a uniform fee of $29.75.  The
substitute removes the references relating to commercial motor
vehicles having a gross weight of 12,000 pounds or less and
places these vehicles in the same category as those having the
$29.75 registration fee.

REISSUANCE OF LICENSE PLATES

The substitute requires the department, beginning January 1,
2007, to issue new license plates.  The department may charge a
fee, up to $2.50 or $1.25 for vehicles requiring a single plate,
to cover the cost of reissuance.  The substitute establishes an
advisory committee within the department to design new plates.
The advisory committee will consist of the Director of the
Department of Revenue, the Superintendent of the State Highway
Patrol, the Missouri Vocational Enterprises Administrator, and
the chairpersons of the Senate and House of Representatives
transportation committees.  The committee must hold at least
three public meetings around the state and must adopt the final
design by April 1, 2006.

PERSONALIZED LICENSE PLATES

The substitute removes the restriction that personalized plates
not exceed six characters in length and increases the
personalization fee from $15 to $25.  The substitute adds
language regarding the type of vehicles that can display
personalized license plates and changes the requirement that a
temporary permit instead of a stock plate be issued for 30 - 60
days until the personalized license plate is available.

SPECIAL LICENSE PLATES

The substitute allows for the issuance of the following special
license plates:

(1)  "TO PROTECT AND SERVE" for peace offers wounded in the line
of duty, or surviving spouses, parents, brothers, sisters, or
children of a peace officer killed in the line of duty;

(2)  "AG IN THE CLASSROOM" for supporters of the Missouri Farm
Bureau's Missouri's Agriculture in the Classroom Project;

(3)  "FIREFIGHTERS MEMORIAL" for firefighters wounded in the line
of duty, or surviving spouses, parents, brothers, sisters, or
children of a firefighter killed in the line of duty;

(4)  "U.S. VET" for honorably discharged veterans to obtain motor
vehicle license plates.  The substitute also removes the
requirement from the U.S. VET motorcycle plate provision that the
person must have served during a period of war;

(5)  "FOXTROTTER - STATE HORSE" for members of the Missouri
Foxtrotting Horse Breed Association;

(6)  "MISSOURI STATE SOCIETY DAUGHTERS OF THE AMERICAN
REVOLUTION" for members of the Missouri State Society Daughters
of the American Revolution;

(7)  "FRIENDS OF KIDS WITH CANCER" for supporters of the Friends
of Kids with Cancer organization;

(8)  "SPECIAL OLYMPICS MISSOURI" for supporters of Special
Olympics Missouri;

(9)  "MISSOURI SOCIETY OF PROFESSIONAL ENGINEERS" for members of
the Missouri Society of Professional Engineers;

(10)  "BE AN ORGAN DONOR" for supporters of the Organ Donor
Program Fund;

(11)  "ALPHA PHI OMEGA" for members or alumni of Alpha Phi Omega;

(12)  "SEARCH AND RESCUE" for members of the Search and Rescue
Council of Missouri;

(13)  "FORMER MISSOURI LEGISLATOR" for former members of the
Missouri legislature;

(14)  "STREET ROD, STATE OF MISSOURI" and "REPLICA" for owners of
street rods and custom vehicles;

(15)  "BOY SCOUTS OF AMERICA," "GIRL SCOUTS OF AMERICA," and
"GOLD AWARD" for supporters of these scouting programs;

(16)  "CAMP QUALITY - FUN FOR KIDS WITH CANCER" for supporters of
Camp Quality of Missouri;

(17)  "The MASTERS" for members of the Missouri Association of
State Troopers Emergency Relief Society; and

(18)  "NAACP" for members of the National Association for the
Advancement of Colored People.

The substitute also allows for a Lewis and Clark license plate
for supporters of the Missouri Travel Council and makes changes
to the "AMATEUR RADIO," "KINGDOM OF CALONTIR," and "CHILDREN'S
TRUST FUND" license plates.

SALVAGE MOTOR VEHICLES

The substitute revises the definition of "salvage vehicle" to
include any motor vehicle, semitrailer, or house trailer which
has been damaged to the extent that the total cost of repairs to
rebuild the vehicle to its condition immediately before it was
damaged exceeds 75% of the fair market value of the vehicle prior
to the damage.

The total cost of repairs to rebuild or reconstruct a vehicle
will not include the cost of repairing, replacing, or
reinstalling inflatable safety restraints, tires, sound systems,
or any sales tax on parts or material to rebuild or reconstruct a
vehicle.  The substitute also defines "fair market value."

Salvage titles may be negotiable with one reassignment on the
back of the title by registered dealers or insurance companies.

Certification by a member of the State Highway Patrol is required
to license a salvage motor vehicle.  In first classification
counties, however, the certification may be performed by a
metropolitan police officer.

The substitute allows insurance companies to obtain a clear title
without a salvage designation on a stolen vehicle which has not
sustained damage to the extent that the vehicle would have been
declared a salvage vehicle (75% threshold).  After the stolen
vehicle has been inspected by the State Highway Patrol and the
insurance company returns any previously issued salvage
certificate, the department will issue a title without the
salvage designation.

The substitute allows insurance companies who purchase a vehicle
through the claims adjustment process for which they are unable
to obtain a negotiable title to apply for a salvage certificate
of title.

If a salvage certificate of title has been issued for the same
vehicle but no prior inspection and verification has been made in
this state, an inspection and a verification of the vehicle
identification numbers will be conducted by the highway patrol
before an original Missouri certificate of ownership is issued.

The substitute requires salvage motor vehicle dealer licenses to
be renewed biennially instead of annually and increases the $65
annual fee to $130 for a biennial license.

TRANSFER NOTICES

The substitute establishes a transfer notice procedure when a
person sells or transfers an interest in a motor vehicle or
trailer to another person.  Transferors must notify the
department within 10 days of the transfer on a form developed by
the department.  Transfers to and from motor vehicle dealers will
be exempt from the provisions.  The notice does not constitute an
assignment or release of any interest in the vehicle or trailer.
Retail sales including sales of new vehicles made by licensed
dealers will be reported pursuant to the monthly sales report
law.  Upon receipt of the notice, the department will change
their records to reflect the transfer.  Until a new title is
issued for the transferred motor vehicle or trailer, the
department must provide the owner's name on the title and
indicate that the records show a notification of transfer but do
not show a title transfer.  The department must also provide the
name of the transferee if it is available.  If the department
does not receive a title application from the named transferee
within 60 days of receiving the transfer notice, the department
will notify the transferee to apply for title.  A person will be
guilty of a class C misdemeanor if he knowingly submits false
information on the transfer notice.  The substitute provides that
sellers of motor vehicles or trailers who fail to provide a
transfer notice will be guilty of an infraction.  These
provisions become effective January 1, 2006.

MONTHLY SALES REPORTS

The substitute allows the department to levy penalties against
dealers who fail to file monthly sales reports or file them
untimely.  Delinquent filers will be subject to the disciplinary
provisions or a penalty up to $300 per violation.  The substitute
allows the reports to be filed electronically after January 1,
2006.  Dealers selling 20 or more motor vehicles per month will
be required to file the reports beginning January 1, 2007.
Dealers electronically filing their monthly sales report are
exempt from filing the notice of transfer and those who do not
will submit the notice with their monthly sales report.

TOWING COMPANIES

The substitute provides that towing companies performing law
enforcement requested tows and nonconsensual private property
tows must meet the following requirements:

(1)  Maintain a verifiable business address or storefront;

(2)  Maintain a fenced, secure, and lighted storage lot or an
enclosed, secure building;

(3)  Be available 24 hours a day and seven days a week;

(4)  Maintain an insurance policy or other form of security in
the amount of $500,000 per incident;

(5)  Provide workers' compensation for all employees, if required
to do so by law; and

(6)  Maintain current motor vehicle registrations on all of the
towing fleet.

Second, third, and fourth classification counties are exempt from
the towing standards.

The substitute allows towers to access department records when
attempting to determine the owner of abandoned property.

ABANDONED PROPERTY

The substitute also modifies the current criminal statute on
abandoning a motor vehicle.  The last owner of record of a motor
vehicle will be deemed prima facie to have been the owner of the
motor vehicle at the time of abandonment.  The last owner of
record will not be deemed to have been the owner of the motor
vehicle or to have been the person who abandoned the vehicle if
the person has filed notice with the department that the person's
interest in the motor vehicle has been transferred.  The
registered owner will not be subject to penalties if the motor
vehicle was in the care, custody, or control of another person at
the time of the violation.  The owner can submit an affidavit
naming the person who was in control of the car.  The affidavit
will raise a rebuttable presumption that the named person was in
control of the vehicle, and the court can then terminate the
prosecution.  If the vehicle is alleged to have been stolen, the
owner must submit a police report.  Any person convicted of
abandoning a motor vehicle will be liable for all towing and
storage charges, and the liability will remain even if the motor
vehicle is sold pursuant to a towing lien.

The substitute allows the City of Kansas City to adopt by
ordinance regulations for the removal and sale of abandoned
property by requiring:  (1)  the department to search the records
to determine ownership of the abandoned property; (2)
notification to the owner by mail advising of the towing and
impoundment; (3)  vehicles older than six years and more than 50%
damaged by collision, fire, or decay that are valued at less than
$200, be held at least 10 days before being sold to a licensed
salvage or scrap business; and (4)  all other vehicles be held at
least 30 days before being sold.

The substitute authorizes a law enforcement officer to remove
property abandoned on the right-of-way of an interstate highway
which is left unattended for two hours, instead of 10 hours, if
the abandoned property is a serious hazard to other motorists.
Property abandoned on the right-of-way of an interstate highway
outside of an urbanized area which is left unattended for two
hours, instead of 48 hours, if it is a serious hazard to other
motorists may also be removed.

RAILROAD CROSSINGS

The substitute requires operators of commercial motor vehicles to
reduce their speed and be sure that a railroad track is clear.

SCHOOL BUS ENDORSEMENTS

Any individual who operates a school bus must have a school bus
endorsement on their driver's license.  In order to obtain a
school bus endorsement, an applicant must submit two sets of
fingerprints.  One set of prints will be used by the State
Highway Patrol to search the criminal history repository, and the
second set will be forwarded to the Federal Bureau of
Investigation for searching the federal criminal history files.
The applicant will pay the fees for the state criminal history
information and the federal criminal history record.  Any person
who possesses a valid driver's license from another state with a
valid school bus endorsement and who is otherwise qualified to
receive a school bus endorsement in this state will be issued the
permit.

This provision becomes effective September 30, 2005.

COMMERCIAL MOTOR VEHICLE REGISTRATIONS

The substitute moves the statutory provisions regulating
commercial motor vehicle registration from the Highway
Reciprocity Commission to the Highways and Transportation
Commission.  The move was necessitated because of reorganization
under the Governor's Executive Order 02-03 (February 7, 2002).

The substitute also allows the Highways and Transportation
Commission to establish procedures for the quarterly staggering
of annual commercial motor vehicle registrations.

COMMERCIAL DRIVER'S LICENSES

The substitute creates the following crimes:

(1)  Driving a commercial motor vehicle while revoked if a person
operates a commercial motor vehicle and a prior violation has
caused a license to be revoked, suspended, canceled, or the
driver is disqualified from operating a commercial motor vehicle
is a class A misdemeanor;

(2)  Driving a commercial motor vehicle on a fourth or subsequent
offense with commercial driving privileges revoked or suspended,
with no prior alcohol-related enforcement contacts, and the
defendant waived the right to an attorney and the prior three
offenses occurred within 10 years and the person served a 10-day
sentence on the previous offenses is a class D felony;

(3)  Driving a commercial motor vehicle while intoxicated with
commercial driving privileges revoked on the third and subsequent
offense and the defendant waived the right to an attorney and the
two prior offenses occurred within 10 years and the person
received a 10-day sentence or more is a class D felony;

(4)  Driving a commercial motor vehicle while intoxicated with
commercial driving privileges revoked on the second or subsequent
conviction is a class D felony; and

(5)  Driving a commercial motor vehicle while revoked on a fourth
or subsequent conviction for other offenses is a class D felony.

The substitute allows holders of a commercial driver's license
(CDL) to avoid the assessment of points upon the completion of a
driver-improvement program.  They will not be allowed limited
driving privileges for a commercial vehicle if their driving
privileges are suspended, revoked, canceled, denied, or
disqualified.  However, they will be allowed to obtain a limited
driving privilege for a noncommercial motor vehicle.

The substitute adds the following requirements when processing a
CDL license:

(1)  Applicants for a CDL must disclose the names of all states
which have issued them a CDL during the previous 10-year period;

(2)  Before the initial issuance of a CDL and for the first
renewal, the Director of the Department of Revenue is required
to obtain driving record information from any state licensing
system in which the person had been issued a license; and

(3)  A CDL driving record must contain a complete history of the
driver, including information and convictions from previous
licensing states.

The substitute modifies the definition of "disqualification" to
include suspension and revocation of commercial driver's
licenses, withdrawal of driving privileges, or a determination by
the Federal Motor Carrier Safety Administrator that the driver is
not qualified to operate a commercial motor vehicle.  The
substitute modifies the definition of "commercial motor vehicle"
to include vehicles designed to transport 16 or more passengers
instead of 15 as provided by the current law.  The  substitute
modifies the definition of "driving under the influence of
alcohol" to include offenses committed while driving a commercial
or noncommercial motor vehicle and the definition of "serious
traffic violation" to include driving a commercial motor vehicle
without a CDL in the person's possession or driving a commercial
motor vehicle without the proper endorsement for the type of
vehicle being driven or cargo being transported.  The director is
required to disqualify any driver the United State Secretary of
Transportation has determined to constitute an imminent hazard.
A person who drives a commercial motor vehicle without having
their CDL in their possession will be guilty of a class A
misdemeanor although a person may later submit proof to the court
of their proper license.  Driving a commercial motor vehicle in a
manner which causes a fatality due to their negligent operation
will disqualify the driver.

Any driver who violates an out-of-service order is subject to a
civil penalty not to exceed an amount determined by the
United States Secretary of Transportation in addition to the
disqualification.

Individuals who have been issued a CDL will not have the right to
have an alcohol-related offense expunged from their records.
Under the substitute, a federal, state, county, municipal, or
local court cannot defer imposition of judgment, suspend
imposition of sentence, or allow an individual who possesses or
is required to possess a CDL to enter into a diversion program
that will prevent a conviction for any violation of any traffic
law from appearing on the driver's record maintained by the
department to comply with federal law.  Failure to do so could
result in the withholding of federal highway funds.

The commercial driver license provisions become effective
September 30, 2005.

TRAFFIC SIGNAL PREEMPTION SYSTEMS

The substitute regulates the use of traffic signal preemption
systems which are used to control traffic signals at
intersections.  The substitute allows these devices to be used
by:

(1)  Emergency vehicle operators during an emergency;

(2)  Authorized bus operators to maintain a longer green light;
and

(3)  Authorized operators in a traffic signal maintenance vehicle
in order to facilitate traffic signal maintenance activities.

An unauthorized person using the device will be guilty of a class
B misdemeanor.

ALL-TERRAIN VEHICLES

The substitute changes the definition of "all-terrain vehicle"
(ATV) to include ATVs weighing up to 1,000 pounds and ATVs with a
seat designed to carry more than one person.  The substitute also
specifies that current provisions for ATVs which prohibit
carrying a passenger will not apply to ATVs designed to carry
more than one person.

FLASHING LIGHTS

The substitute allows commercial transport vehicles or railroad
passenger cars that are stopped to load or unload passengers to
use alternately flashing warning signals.

LOW-SPEED VEHICLES

The substitute allows operators of low-speed vehicles to use
public highways under certain conditions.  A low-speed vehicle is
a four-wheeled vehicle whose top speed is greater than 20 miles
per hour but less than 25 miles per hour and is manufactured in
compliance with the National Highway Traffic Safety
Administration standards.  It cannot be operated on a street or
highway with a posted speed limit greater than 35 miles per hour.
The vehicle will be exempt from inspection and emission testing,
but must comply with the federal standards.  Every operator of a
low-speed vehicle must maintain financial responsibility and have
a driver's license.  Cities and counties may promulgate
ordinances which are more stringent than the provisions in the
substitute.

EXTENDED SERVICE CONTRACTS

The substitute regulates the sale of extended service contracts
for the repair, replacement, or maintenance of motor vehicles.
The substitute does not apply to warranties, maintenance
agreements, commercial transactions, and service contracts sold
to non-consumers.  The substitute requires those providing
service to demonstrate financial responsibility by insuring the
service contracts under reimbursement insurance policies or by
other means such as a surety bond.  Service contract
administrators are required to register with the Department of
Insurance.  The substitute specifies the requirements of a
reimbursement policy for insuring a service contract; the form
and content of motor vehicle extended service contracts; requires
contract administrators to maintain certain records; provides for
civil penalties for violating the act; and gives the director
enforcement powers.

These provisions are based on the National Association of
Insurance Commissioners (NAIC) Service Contracts Model Act and
become effective January 1, 2007.

REGIONAL TAXICAB COMMISSION

The substitute allows the Regional Taxicab Commission to impose
an administrative penalty not to exceed $200.  The commission
must develop a schedule of penalties which will be available to
the public and taxicab drivers.  The substitute allows the
commission to request a criminal history record check from the
State Highway Patrol.  Prospective taxicab drivers will submit
two sets of fingerprints to the highway patrol to check the
person's criminal history.  The prospective or current driver
must pay all appropriate fees for the criminal record background
check.  The substitute allows the commission to require taxicabs
operating under its jurisdiction to display a special license
plate which is established and allows the commission to
confiscate the plates.

EMISSION INSPECTION EXEMPTION

The substitute provides that vehicles manufactured 26 years prior
to the current model year are exempt from the emission inspection
process.

FISCAL NOTE:  Estimated Income on General Revenue Fund of $0 in
FY 2005, $2,251,290 in FY 2006, and $4,502,580 in FY 2007.
Estimated Income on Other State Funds of $662,588 in FY 2005,
$5,518,583 in FY 2006, and $15,007,834 in FY 2006.

PROPONENTS:  Supporters say that the bill address numerous
problems relating to motor vehicles.

Testifying for the bill were Senator Dolan; Department of
Revenue; Towing and Recovery Association; Department of
Transportation; State Highway Patrol; Missouri Motor Carriers
Association; Missouri Automobile Dealers Association; Enterprise
Rent-A-Car Company; and City of Kansas City.

OPPONENTS:  Those who oppose the bill say that provisions dealing
with the determination of a salvage vehicle is bad policy and is
not consumer friendly.  Without disclosure, unsafe vehicles may
be rebuilt without any knowledge of the magnitude of the damage a
vehicle may have sustained.

Testifying against the bill were Bernard Brown; and Dale Irwin.

Robert Triplett, Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:16 am