HCS SS SCS SB 239, 24 & 445 -- TRANSPORTATION

SPONSOR:  Stouffer (Stevenson)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Tax Reform by a vote of 7 to 1.

This substitute changes the laws regarding transportation.

STATE HIGHWAY PATROL

The substitute:

(1)  Updates the provisions of law that no longer apply to the
operations of the State Highway Patrol;

(2)  Removes the requirement that the Superintendent of the State
Highway Patrol reside in Jefferson City;

(3)  Removes the requirement that general headquarters be open at
all times and that a telegraph be available;

(4)  Removes the requirement that the Highways and Transportation
Commission approve all personnel expenses and changes where civil
witness fees are deposited;

(5)  Specifies that the patrol be divided into troops rather than
districts;

(6)  Removes the requirement that the patrol send an end of the
year fiscal report to the Governor and the commission;

(7)  Removes the requirement that the superintendent, major,
director of radio, and budget personnel be bonded;

(8)  Allows the patrol to deliver an arrested individual directly
to the court or the court's or judge's designee;

(9)  Authorizes the superintendent to enter into an agreement
with the Missouri Gaming Commission regarding enforcement of any
law or regulation and conducting background investigations
related to the laws of this state and the regulation of licensed
gaming activities;

(10)  Authorizes the patrol, at the direction of the Governor, to
conduct a name or fingerprint background investigation of
gubernatorial appointees and conduct other investigations to
determine if an applicant or appointee has paid his or her
required taxes and establish the person's suitability for a
position of public trust;

(11)  Increases the amount an entity making a request for
criminal history record information that is not based on a
fingerprint search must pay from no more than $5 per request to
no more than $9.  Beginning January 1, 2010, the superintendent
may increase the fee by no more than $1 per year with a maximum
fee of $15 per request; and

(12)  Allows any state agency, board, or commission to require an
for applicant for specified occupations or appointments to
provide fingerprints for the purpose of positive identification
and receiving criminal history record information when
determining the applicant's ability to serve in a position.  All
records related to any criminal history information discovered
will be accessible to the state agency making the request.

MOTOR FUEL TAX EXEMPTIONS

The substitute exempts fuel used in school buses from the motor
fuel tax when the bus is driven to transport students for
educational purposes.

An exemption from the motor fuel tax is also authorized for motor
fuel sold for use by an interstate transportation authority, a
city transit authority, or a city utilities board to operate a
public mass transportation facility.

PUBLIC RECORDS

The substitute makes personal information that is collected by a
county collector including an individual's name, address, real
estate tax information, financial information or transactions,
real estate parcel number, loan number for real estate parcels,
or any other personal information not a public record unless
authorized by the county collector.

SALES TAX EXEMPTION FOR COMMON CARRIERS

Currently, an exemption from the state sales tax is authorized
for motor vehicles licensed for a gross weight of 24,000 pounds
or more or trailers used by common carriers solely in the
transportation of persons or property in interstate commerce.
The substitute removes the requirement that the transportation
must be in interstate commerce.

SALES TAX EXEMPTION FOR HIGHWAY CONSTRUCTION MATERIALS

Beginning July 1, 2008, a sales tax exemption is authorized for
materials purchased by contractors for use in the construction of
highways and other Department of Transportation projects.

DISASTER DAMAGE EMERGENCY LOAN REVOLVING FUND PROGRAM

The Disaster Damage Emergency Loan Revolving Fund Program is
established to provide no-interest loans to individuals who incur
property damage as a result of natural or man-made disasters that
are not covered by insurance.  The Office of Administration and
the State Emergency Management Agency in the Department of Public
Safety will implement the program and develop a procedure for
individuals.  Loans will be issued, in order of preference, to
pay for any deductibles for individuals who have insurance
coverage for property loss, support individuals who do not
receive any assistance from the Federal Emergency Management
Agency (FEMA), and provide resources to individuals who have no
insurance coverage for property damage losses.  Any person
receiving FEMA assistance will be ineligible for state emergency
loans.

DRUNK DRIVING MEMORIAL SIGN PROGRAM

The substitute establishes the Drunk Driving Memorial Sign
Program in the Department of Transportation.  The department must
adopt, by rules and regulations, program guidelines for the
application and placement of signs, a procedure for the
dedication of signs, and a procedure for the replacement or
restoration of any signs that are damaged or stolen.

LOCAL LOG TRUCKS

The area in which local log trucks and tractors can operate is
expanded from 50 to 100 miles from a forested site.

SELF-PROPELLED SPRAYERS

Self-propelled sprayers, floaters, or other forms of farm
implements used for spraying chemicals or spreading fertilizer
for agricultural purposes are exempt from the motor vehicle
titling, registration, and licensing requirements.

COMMERCIAL MOTOR VEHICLE ROADSIDE INSPECTIONS

The State Highway Patrol is required to establish a program to
certify local law enforcement officers to enforce commercial
motor vehicle laws.  The certification procedures will include
training, testing, on-the-job experience, data collection, and
other specified components established by the Commercial Vehicle
Safety Alliance (CVSA).  Reasonable fees can be charged to cover
the costs of training and certification.

Beginning January 1, 2008, no law enforcement officer may make an
arrest, issue a citation, or conduct a commercial motor vehicle
roadside inspection to determine compliance with the applicable
commercial motor vehicle laws unless the law enforcement officer
has satisfactorily completed a basic training course developed by
CVSA and has been certified by the patrol.

If a vehicle passes a roadside commercial vehicle inspection, the
authorized enforcement official can issue the operator, driver,
owner, lessee, or bailee an inspection decal which is to be
affixed to the vehicle and exempts the vehicle from further
inspection for three months unless the vehicle has a visible
external safety defect or there is probable cause that the size
or weight of the vehicle is in excess of that permitted by law.

LICENSE PLATES AND TABS

The substitute changes the requirements for the replacement of
stolen license plate tabs.  Until January 1, 2009, an individual
can receive up to two sets of two license plate tabs per year by
submitting a notarized affidavit that the license plate tab or
tabs were stolen.  After January 1, 2009, an individual must
submit a copy of the police report to receive the replacement
tabs.

License plates are allowed to be encased in a transparent cover
if the plate is plainly visible and its reflective qualities are
not impaired.

The substitute exempts any permanently disabled person 65 years
of age or older from the physician's statement requirement when
renewing a disabled license plate or windshield placard.

The additional fee charged for the "PURPLE HEART" special motor
vehicle license plate is repealed.

EMERGENCY VEHICLE DEALERS

The substitute defines "emergency vehicles" and exempts dealers
who sell only emergency vehicles from maintaining a bona fide
place of business, including the related law enforcement
certification requirements, and from meeting the minimum yearly
sales.

LIMITATION ON ISSUANCE OF DEALER PLATES

The Department of Revenue is required to issue one distinctive
dealer plate and two additional number plates to new motor
vehicle manufacturers and other dealers.  The fee for the two
additional number plates is $21.  New motor vehicle manufacturers
cannot be issued or possess more than 347 additional number
plates or certificates of number annually.  New and used motor
vehicle dealers, powersport dealers, wholesale motor vehicle
dealers, boat dealers, and trailer dealers are limited to one
additional plate or certificate of number per 10-unit qualified
transactions annually.  New and used recreational motor vehicle
dealers are limited to two additional plates or certificate of
number per 10-unit qualified transactions annually for their
first 50 transactions and one additional plate or certificate of
number per 10-unit qualified transactions thereafter.  An
applicant seeking the issuance of an initial license must
indicate on his or her initial application, the applicant's
proposed annual number of sales in order for the department
director to issue the appropriate number of additional plates or
certificates of number.  Wholesale and public auctions will be
issued a certificate of dealer registration in lieu of a dealer
number plate.

USED MOTOR VEHICLE DEALER EDUCATIONAL SEMINAR

Public auto auctions and applicants currently holding a new or
used dealer's license for a separate dealership will not be
required to show proof of completing an educational seminar when
applying for a used motor vehicle dealer's license.  Also,
current new motor vehicle franchise dealers and motor vehicle
leasing agencies are not subject to the educational seminar
requirements.

SATISFACTION OF A LIEN

The substitute reduces the number of days a lienholder has to
release a lien from within 10 to within five business days after
its satisfaction.  Lienholders will be required to notify the
Department of Revenue within five business days if the
certificate of ownership is in its possession.  Any lienholder
who fails to timely comply must pay the person or persons
satisfying the lien damages from $500 to $2,500.

RESIDENCE ADDRESS

The substitute defines "residence address" for purposes of
driver's licenses as the location or residence within this state
in which the applicant physically currently resides.  Proof of
address may be required in the form of voter registration or
other forms established by the Director of the Department of
Revenue by administrative rule.

SCHOOL BUS DRIVERS

The Director of the Department of Revenue must not issue or renew
a school endorsement to any applicant whose driving record shows
that he or she has been convicted of an intoxication-related
traffic offense while operating a school bus.  A person convicted
of this offense will have his or her school bus endorsement
permanently denied by the court, beginning on the date of the
court's order.  School bus drivers will be required to notify the
superintendent of the school district or the employing contractor
whenever the driver receives a citation for an intoxicated-
related traffic offense.  Notice of the citation must be given
prior to the driver resuming the operation of a school bus.
Failure to notify the school district or the employing contractor
of the citation will constitute a valid reason for discharging
the school bus driver.  The fine for driving with a revoked
license while operating a school bus will be $1,000.

RESTRICTED LICENSE PLATES

The substitute requires a motorist who has had his or her
driver's license suspended, revoked, or disqualified for a period
of more than 60 days or has been denied a license for an
alcohol-related or manslaughter violation to surrender his or her
license plates to the Department of Revenue.  The department will
then issue restricted license plates to be displayed on his or
her vehicle.

Law enforcement officers will have probable cause to stop any
vehicle displaying restricted plates to determine whether the
driver has a valid driver's license or limited driving
privileges.  The registered owner of a motor vehicle who has been
issued restricted plates will be prohibited from selling his or
her vehicle without the permission of the department.  Any
vehicle acquired by the individual during the period of
restriction must display the restricted plates.

TRAFFIC VIOLATION REVENUES

Currently, if a city, town, or village receives more than 45% of
its total annual revenue from fines for traffic violations, all
revenue from these violations in excess of 45% must be sent to
the Department of Revenue.  The substitute reduces the amount to
35% of the annual general operating revenue, but includes court
costs for traffic violations in the amount.  Failure to send the
excess revenue to the department in a timely manner as determined
by the department results in the city, town, or village being
subject to an annual audit by the State Auditor.

COMMERCIAL DRIVERS

Applicants for a commercial driver's license (CDL) will be
prohibited from using an interpreter or translator while taking
the test.

A military member is not required to possess a CDL while driving
a vehicle for military purposes.  Currently, a military member
must be driving a military vehicle to qualify for the exemption.

Any person convicted of driving while out of service will be
disqualified from operating a commercial motor vehicle as
specified by federal regulations.

The expungement of a minor in possession violation for a holder
of a commercial driver's license or a person operating a
commercial motor vehicle at the time of the offense is
prohibited.  No records can be expunged for a commercial driver's
license holder until three years after the date of the suspension
or revocation if the person was holding a commercial driver's
license at the time of the offense or who has been convicted of
or pled guilty to an offense where the person's blood-alcohol
content is .04 or above.

Failure to appear in court or pay fines by a commercial license
holder or operator of a commercial motor vehicle is included as a
commercial driver's license offense requiring indefinite
suspension until he or she is in compliance.

EMERGENCY VEHICLES

Vehicles driven by law enforcement agents of the Department of
Conservation are added to the list of vehicles considered as
"emergency vehicles."

UTILITY VEHICLES

"Utility vehicle" is defined as any motorized vehicle
manufactured and used exclusively for off-highway purposes which
is 63 inches or less in width, has an unladen dry weight of 1,900
pounds or less, travels on four or six wheels, and is used
primarily for agricultural, landscaping, lawn care, or
maintenance purposes.

No person can operate a utility vehicle upon the highways of this
state except:

(1)  Governmental owned and operated vehicles for official use;

(2)  Vehicles operated for agricultural purposes or industrial
on-premise purposes between the official sunrise and sunset;

(3)  Vehicles operated occasionally by handicapped persons for
short distances only on the state secondary roads between the
hours of sunrise and sunset;

(4)  Vehicles which have been issued special permits by a city to
be used on highways within the city limits by licensed drivers.
The city may charge a $15 fee for the permit; and

(5)  Vehicles which have been issued special permits by a county
to be used on highways within the county limits by licensed
drivers.  The county may charge a $15 fee for the permit.

Individuals will be prohibited from operating a utility vehicle:

(1)  In a careless way so as to endanger the person or property
of another;

(2)  While under the influence of alcohol or a controlled
substance;

(3)  Without a valid operator's or chauffeur's license;

(4)  Within any stream or river except by an operator who owns
the property or has permission to be on the property on which the
waterway flows through or when fording a low-water crossing;

(5)  At a speed of more than 30 miles per hour on a highway when
permitted; or

(6)  Carrying a passenger except for agricultural purposes or if
the vehicle is designed with seating to carry more than
one passenger.

Utility vehicles will be exempt from the titling and registration
provisions.

FAILURE TO STOP FOR A SCHOOL BUS

The substitute increases the length of a driver's license
suspension for failing to stop for a school bus from 90 to 120
days for the first offense and from 120 to 180 days for a second
or subsequent offense.

DRIVEAWAY SADDLEMOUNT COMBINATIONS

The maximum length for a driveaway saddlemount combination is
increased from 75 feet to 97 feet when operated on an interstate
highway.

COMMERCIAL ZONES

The substitute:

(1)  Establishes a commercial zone east of the city limits of
Kansas City along State Route 210 and northwest from the
intersection of State Route 210 and State Route 10 to include the
boundaries of the City of Excelsior Springs;

(2)  Extends the commercial zone surrounding the City of St.
Louis from 18 to 25 miles beyond its corporate city limits and
throughout St. Louis and St. Charles counties;

(3)  Extends the commercial zone of the City of Festus in
Jefferson County south from the city limits along U. S. Highway
61 to the intersection of State Route OO in St. Genevieve County;
and

(4)  Prohibits any motor vehicle from operating in the commercial
zone of the City of St. Joseph with a weight greater than 22,400
pounds on one axle or a height over 15 feet.

PROCEEDING THROUGH A RED LIGHT WITH A MOTORCYCLE

The substitute creates an affirmative defense for a motorcycle
rider who enters or crosses an intersection controlled by a
traffic signal against a red light if the motorcycle has been
brought to a complete stop, the traffic signal shows a red light
for an unreasonable time, the traffic signal is apparently
malfunctioning, and no motor vehicle or person is approaching or
is so far away that it does not constitute an immediate hazard.

DELINQUENT PENALTY FEES

The delinquent penalty fee for titling a vessel, outboard motor,
or documented vessel is increased from $10 to $25 for each 30
days of delinquency, not to exceed a total of $250.

MOTORCYCLE HEADLAMP MODULATORS

The substitute allows a motorcycle headlamp to be wired or
equipped to allow either its upper beam or lower beam, but not
both, to modulate from a higher intensity to a lower intensity at
a rate of 200 to 280 cycles per minute.  A headlamp modulator
installed on a motorcycle with two headlamps must be wired in a
manner to prevent the headlamps from modulating at a different
rate or not in synchronization with each other.  A headlamp
modulator installed on a motorcycle must meet the standards
specified by federal law.

SCHOOL BUS EXEMPTION FROM CHILD PASSENGER RESTRAINT LAW

The child passenger restraint law will not apply to school buses
transporting children four years of age or older regardless of
whether the buses are being used for educational, religious, or
other purposes.  Currently, only school buses used for
educational purposes are exempt.

MOTOR VEHICLE SERVICE CONTRACTS

The substitute:

(1)  Defines "fronting company" as a dealer that authorizes a
third-party administrator or provider to use its name or business
to evade or circumvent a sale, an offer for sale, or a
solicitation of the sale of a service contract to a consumer;

(2)  Allows only motor vehicle dealers and manufacturers, boat
dealers, federally insured depository institutions, and licensed
lenders to market or sell motor vehicle extended service
contracts;

(3)  Prohibits a dealer from acting as a fronting company; and

(4)  Creates penalties for a violation of these provisions.

PRODUCT SERVICE CONTRACTS

The substitute:

(1)  Prohibits any person from issuing or selling a product
service contract without registering and paying a fee with the
Director of the Department of Insurance, Financial Institutions,
and Professional Registration;

(2)  Requires providers of service contracts to maintain at least
one of the following:

(a)  A funded reserve account of at least 40% of the gross
consideration received less claims paid;

(b)  A financial security deposit with the department director of
at least 5% of the gross consideration received less claims paid;

(c)  A net worth of $100 million; or

(d)  A reimbursement insurance policy covering 100% of the
service contract obligations;

(3)  Prohibits the collected provider fees from being subject to
premium taxes and exempts the person selling the contract from
other state licensing laws if all requirements are met;

(4)  Requires providers of service contracts to furnish a written
statement to the consumer specifying their obligations and
conveying the terms and any restrictions.  Misleading advertising
is prohibited;

(5)  Requires providers of service contracts to maintain accurate
records of every transaction for a period of at least three years
after the specified period of coverage has expired.  Records must
be made available to the department upon request;

(6)  Prohibits insurers who issue reimbursement insurance
policies from terminating a policy without notifying the
department director.  Insurers have the right to seek
indemnification against a provider if the insurer pays amounts
under the service contract that the provider was obligated to
pay; and

(7)  Creates penalties for a violation of the provisions of the
substitute.

MISSOURI VEHICLE PROTECTION PRODUCT ACT

The Missouri Vehicle Protection Product Act is established
relating to vehicle protection devices installed on or applied to
vehicles to prevent loss or damage from a specific cause,
including a warranty for the product.  The substitute:

(1)  Requires vehicle protection product warrantors to be
registered with the Department of Insurance, Financial
Institutions, and Professional Registration and to keep accurate
accounts, books, and records concerning transactions regulated by
the act;

(2)  Prohibits a vehicle protection product warrantor from using
in its name, contracts, or literature the words "insurance,"
"casualty," "surety," or "mutual" unless it is licensed as an
insurance company;

(3)  Prohibits a person from offering or selling a vehicle
protection product warranty unless it clearly specifies the terms
and conditions governing the cancellation of the sale and
warranty; and

(4)  Prohibits any person from offering or selling any vehicle
protection product unless the warrantor acquires insurance under
a warranty reimbursement insurance policy or maintains a net
worth or stockholder's equity of $50 million.

HOUSEHOLD GOODS COMMON CARRIERS

The substitute allows household goods common carriers to file
applications with the Highways and Transportation Commission for
the approval of rates to reflect increases and decreases in the
carrier's costs.  The filing of the application will be governed
by similar rules for rate adjustments requested by electrical,
gas, or water companies.  The substitute also repeals the
exemption that currently allows intrastate household goods movers
to operate wholly in municipalities, between contiguous
municipalities, or commercial zones without having to obtain
Department of Transportation operating authority.  Currently,
household movers are exempt from the rules and regulation of
Chapter 390, RSMo, if their operations are restricted to those
specified areas.

UNIFIED CARRIER REGISTRATION

The substitute authorizes the Highways and Transportation
Commission to take the necessary steps to implement and
administer a state plan to conform with the federal Unified
Carrier Registration (UCR) Act of 2005.  The UCR Act eliminates
the state's registration system and replaces it with the federal
UCR Agreement.

The commission may submit to the proper federal authorities,
amend, and carry out a state plan to qualify as a base-state and
to participate in the UCR Plan and administer the UCR Agreement.
The commission is authorized to administer the registration of
Missouri domiciled motor carriers, motor private carriers,
brokers, freight forwarders and leasing companies, and persons
domiciled in nonparticipating states who have designated Missouri
as their base-state under the UCR Act; to receive, collect,
process, deposit, transfer, distribute, and refund registration
fees; and to enter into an agreement with any United States
agency.

Every motor carrier, motor private carrier, broker, and freight
forwarder and leasing company that has its principal place of
business in Missouri and every person who has designated this
state as his or her base-state must timely complete and file with
the commission all the forms and registration fees required by
the UCR.

Implementing the UCR Act will not be construed as exempting any
motor carrier or any person controlled by a motor carrier from
any state regulation regarding motor carriers.

The substitute also repeals provisions regarding the issuance of
interstate motor carrier permits.

MOTOR CARRIER TRANSPORTATION INDEMNITY AGREEMENTS

The substitute makes indemnity agreements in motor carrier
transportation contracts which exempts a party for any losses
from negligence or intentional acts void and unenforceable.
Motor transportation contracts must not include Uniform
Intermodal Interchange and Facilities Assess Agreements.

RENTAL VEHICLES

Any additional charges must be clearly disclosed on a rental
agreement.  When a rental rate is advertised, the maximum daily
amount of additional charges must also be quoted.

MOTOR VEHICLE FRANCHISE PRACTICES

The substitute revises the definition of "motor vehicle" as it
relates to motor vehicle franchise practices to include any
engine, transmission, or rear axle manufactured for installation
in a commercial motor vehicle with a gross vehicle weight rating
over 16,000 pounds.

LAW ENFORCEMENT OFFICER SIGNALS

A driver is required to stop on the signal of any law enforcement
officer and to obey any reasonable signal of the officer.  Any
person who fails or refuses to do so or who resists an officer
while enforcing any infraction will be guilty of a class A
misdemeanor.

LEAVING A CHILD IN A MOTOR VEHICLE

The substitute creates the crime of leaving a child unattended in
a motor vehicle in the third degree.  The offense is committed
when a child 10 years of age or younger is left unattended in a
motor vehicle and the child's health or safety is at risk, the
engine is running, or the keys are anywhere in the passenger area
of the vehicle.  The offense will be a class C misdemeanor.

CHEMICAL BLOOD-ALCOHOL TESTS

The substitute removes the requirement that a licensed physician,
registered nurse, or trained medical technician must use a
nonalcoholic antiseptic for cleansing the skin prior to drawing
blood for the purpose of determining the alcohol content of the
blood.

ARREST WITHOUT WARRANTS

Currently, a law enforcement officer may make an arrest without a
warrant for a driving-while-intoxicated or blood-alcohol-content
violation without the offense having occurred in the officer's
presence if the officer has probable cause and the arrest is made
within 90 minutes after the violation occurred.  The substitute
removes the time limit.

The provisions of the substitute regarding school bus drivers
driving with a revoked license, the Missouri Vehicle Protection
Product Act, and service contracts become effective January 1,
2008.

The substitute contains an emergency clause for the provisions
regarding child passenger restraints on buses and stolen license
plate tabs.

FISCAL NOTE:  Estimated Effect on General Revenue Fund of an
income of $503,441 to a cost of Unknown in FY 2008, a cost of
$12,051,061 to Unknown in FY 2009, and a cost of $8,629,748 to
Unknown in FY 2010.  Estimated Effect on Other State Funds of a
cost of $3,710,270 to Unknown in FY 2008, an income of
$21,307,176 to a cost of Unknown in FY 2009, and an income of
$15,956,245 to a cost of Unknown in FY 2010.

PROPONENTS:  Supporters say that the bill provides clean-up
language for sections relating to the State Highway Patrol and
provides for local law enforcement to be certified to perform
commercial vehicle inspections.  The provisions requiring all
fine revenue from traffic signal violations detected by automated
traffic enforcement cameras to be deposited in the school fund
will effectively prohibit the use of cameras in Missouri.
Intersection crashes account for 11% of fatalities and 21% of
disabling injuries in this state.

Testifying for the bill were Senator Stouffer; Department of
Revenue; State Highway Patrol; Missouri Motor Carriers
Association; Department of Transportation; Associated Industries
of Missouri; Taxpayers Research Institute of Missouri; Missouri
Safety Council; Dale Findlay, Missouri Coalition for Roadway
Safety; Missouri Municipal League; and Missouri Dump Truckers
Association.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:21 am