REGULATION OF BILLBOARDS - Under this act, the Highways and Transportation Commission is authorized to void billboard permits without paying compensation under the following conditions:

(1) When there has been any misrepresentation of a material fact by the applicant on a permit application and the sign is removed under law;

(2) When the commission determines that a change has been made to a conforming sign by the sign owner and the sign has been removed under law; or

(3) When the commission determines that a substantial change has been made to a nonconforming sign by the sign owner such that the sign's nonconforming status was terminated and the sign was removed under the commission's administrative rules for maintenance of nonconforming signs.

The commission may also void any permit when the commission determines that such permit has been erroneously issued by Department of Transportation staff in violation of any state law or administrative rule. The billboard shall be subject to removal and compensation shall be paid pursuant to law. The billboard voidance provisions are contained in SB 130 and HB 744 (2007) and SB 1064 (2006)(Section 226.530 and 226.580).

LOCAL CONTROL OF BILLBOARDS - Under this act, when a legally erected billboard exists on a parcel of property, a local zoning authority shall not adopt or enforce any ordinance, order, rule, regulation or practice that eliminates the ability of a property owner to build or develop property or erect an on-premise sign solely because a legally erected billboard exists on the property (section 226.527). This provision is contained in SCS/SB 129 (2007).

DEPARTMENT OF TRANSPORTATION SALES TAX EXEMPTION - Under this act, after June 30, 2007, the Department of Transportation or the commission is authorized to issue an exemption certificate for the purchase of tangible personal property and materials as exempt from sales and use tax as provided by law. The department or commission and any contractor or material supplier operating under such exemption certificate shall comply with applicable provisions of law and any rules promulgated by the Department of Revenue with respect to such sales (section 227.115).

DECLARATIONS - The act authorizes the Director of Revenue to administer oaths to individuals filing declarations, statements or other documents. A signed declaration shall be prima facie evidence that the individual signed the declaration. Any declaration, statement, or other document that is required to be signed under Chapter 301 and Chapter 306 shall be signed in accordance with this provision and regulations (Section 301.007). This provision is also contained in SS/SCS/SB 239 et al (2007).

LICENSE PLATES - The act also makes several technical changes to provisions pertaining to manufacturer and dealer license plate letter and numbers. The current law contains erroneous references. The changes in Section 301.560.4 occur on the date when the director reissues new license plates or December 1, 2008, whichever occurs first (Sections 301.130, 301.144, and 301.560).

REISSUANCE OF LICENSE PLATES - The act also modifies the law regarding the reissuance of license plates. The current law provides that reissuance must occur beginning January 1, 2009. This act modifies the reissuance provision by granting the director more discretion when to begin reissuance so long as it occurs no later than January 1, 2009 (section 301.130.9). This provision is also contained in SS/SCS/SB 239 et al (2007).

DISABLED PLACARDS - This act requires removable windshield placards to be renewed every four years rather than two years. Currently, disabled individuals must provide a new physician's statement every four years, but must renew their placards every two years. The act also allows the director to stagger the requirement of a physician's statement on all renewals for the initial implementation of four-year placard (section 301.142).

This portion of the act has an effective date of January 1, 2008. This provision may be found in SB 238 (2007).

DENIAL OF SPECIAL LICENSE PLATE APPLICATIONS - The act also allows the Department of Revenue to deny accepting applications and deny issuance of special license plates if no applications are received within five years from the effective date of the law authorizing the plate (section 301.2998).

This act grants the Department of Revenue discretion whether to stamp or mark local commercial license plates as only local. It further grants the department discretion to stamp or mark other commercial motor vehicle license plates with an emblem to indicate the vehicle's gross weight. Under the current law, these designations are mandatory (section 301.030). These provisions can be found in the perfected version of SB 103 (2007).

DISTINCTIVE DEALER LICENSE NUMBERS - The act modifies the provision which sets forth the dealer license number designations, including the creation of recreational motor vehicle dealer license plate designations (RV-0_through RV -9999) for new and used recreational motor vehicle dealers (section 301.560.4). The dealer designations shall take effect no later than December 1, 2008. This provision is also contained in SS/SCS/SB 239 et al (2007).

LIMITATION ON ISSUANCE OF DEALER PLATES - Under the act, the department shall issue to new motor vehicle manufacturers and other dealers 1 distinctive dealer plate and may issue 2 additional number plates. The fee for each additional number plates is $10.50 (Section 301.560.6). Under the act, new motor vehicle manufacturers shall not 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 1 additional plate or certificate of number per ten-unit qualified transactions annually. New and used recreational motor vehicle dealers are limited to two additional plates or certificate of number per ten-unit qualified transactions annually for their first fifty transactions and one additional plate or certificate of number per ten-unit qualified transactions thereafter. An applicant seeking the issuance of an initial license shall indicate on his or her initial application the applicant's proposed annual number of sales in order for the director to issue the appropriate number of additional plates or certificates of number (Section 301.560.6). This provision is also contained in SS/SCS/SB 239 et al (2007).

Wholesale and public auctions shall be issued a certificate of dealer registration in lieu of a dealer number plate.

USED MOTOR VEHICLE DEALER EDUCATIONAL SEMINAR - The act exempts public auto auctions and applicants currently holding a new or used dealer's license for a separate dealership from showing proof of completing an educational seminar when applying for a used motor vehicle dealer's license. The act also specifically provides that current new motor vehicle franchise dealers and motor vehicle leasing agencies are not subject to the educational seminar requirements (Section 301.560.9). This provision is also contained in SS/SCS/SB 239 et al (2007).

EMERGENCY VEHICLE DEALERS - The act also 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. This portion of the act is similar to SB 91 (2007), SB 697 (2006) and SB 141 (2005)(section 301.550 and 301.560). These provisions are also contained in SS/SCS/SB 239 et al (2007).

SELF-PROPELLED SPRAYERS - This act exempts self-propelled sprayers that are used for spraying chemicals or spreading fertilizer from complying with titling, registration and license plate display laws. The exemption from titling, registration, and the display of license plates applies whether the described vehicles are laden or unladen (section 301.029). This portion of the act is identical to SB 371 (2007). This provision is also contained in SS/SCS/SB 239 et al (2007).

ANNUAL BID BOND - This act provides that the commission is authorized to accept an annual bid bond for its construction and maintenance projects. The commission shall prescribe the form and content of an annual bid bond. This portion of the act is similar to HB 596 and SCS/SB 52 (2007)(section 227.103).

DESIGN-BUILD BOND REQUIREMENTS - This act modifies the bid bond and performance bond requirements for certain design-build highway projects. The current statutory requirements may be modified by the commission for any design-build highway project contract which is designated by the commission as a "design-build-finance-maintain" project, and for which the contract with the design-builder exceeds 25 years. For such projects, the commission shall require the design-builder to provide such bonds in such terms, durations, and amounts as it may determine to be adequate for its protection and provided by a surety or sureties satisfactory to the commission. The act further delineates the terms and conditions of such bid and performance bonds (section 227.107).

LOCAL LOG TRUCK - This act modifies the definitions of the terms "local log truck" and "local log truck tractor" by expanding the area in which such vehicles can operate. Under current law, such vehicles are to be operated at a forested site and in area extending not more than a 50 mile radius from such site. The act increases the radius to 100 miles. A similar provision is contained in SB 349 (2007)(section 301.010). This provision is also contained in SS/SCS/SB 239 et al (2007).

EXPUNGEMENT OF RECORDS OF CDL HOLDERS - This act prohibits the expungement of a minor in possession (MIP) charge for holders of commercial driver's licenses or persons operating commercial motor vehicles at the time of the violation (Section 311.326). The act also provides that no records shall be expunged until 3 years after the date of suspension or revocation, if the person was holding a commercial driver’s license at the time of the offense (Section 302.545). This provision is also contained in SS/SCS/SB 239 et al (2007).

FAILURE TO APPEAR - This act includes failure to appear by a commercial license holder or operator of a commercial motor vehicle as an commercial driver offense requiring indefinite suspension until compliance (Section 302.700 and 302.755). This provision is also contained in SS/SCS/SB 239 et al (2007).

CDL MILITARY EXEMPTION - This act provides that a military member while driving a vehicle for military purposes is exempt from possessing a CDL. Current law provides that the military member must be driving a military vehicle to qualify for the exemption (Section 302.775). This provision is also contained in SS/SCS/SB 239 et al (2007).

DRIVING WHILE OUT OF SERVICE - The act provides that any person convicted for the first time of driving while out of service shall be disqualified in the manner prescribed by federal regulations (section 302.755). This provision is also contained in SS/SCS/SB 239 et al (2007).

SCHOOL BUS DRIVERS - Under this act, the director of revenue shall not issue or renew a school bus endorsement to any applicant whose driving record shows that the applicant has been convicted of an intoxication-related traffic offense while operating a school bus. A person convicted of an intoxication-related offense while operating a school bus will have his or her school bus endorsement permanently denied by the court, beginning on the date of the court?s order (section 302.272). The act requires school bus drivers to notify the school district or the driver's employing contractor whenever the driver receives a citation for an intoxicated-related traffic offense. The notice of such citation shall be given prior to the driver resuming operation of a school bus. Failure to notify the school district or the employing contractor of the citation shall constitute a valid reason to discharge such person from the school district's or employing contractor's employ (section 302.275). The act sets the fine for driving with a revoked license while operating a school bus at $1,000. The current law does not distinguish the offense by type of vehicle driven and the fine is up to $1,000 (section 302.321). These provisions have an effective date of January 1, 2008. This portion of the act is similar to SB 24 (2007) and SB 584 (2006). This provision is also contained in SS/SCS/SB 239 et al (2007).

FAILURE TO STOP FOR SCHOOL BUSES - This act increases driver's license suspension periods for motorists who fail to stop for school buses that are loading or unloading children. Under the act, the suspension period for a first violation for failing to yield for a school bus is increased from 90 days to 120 days. A second or subsequent violation of the school bus stop provision will result in a 180 day suspension (increased from 120 days). This portion of the act is identical to SB 377 (2007)(section 304.070). This provision is also contained in SS/SCS/SB 239 et al (2007).

DRIVEAWAY SADDLEMOUNT COMBINATIONS - This act increases the maximum length for driveaway saddlemount combinations from 75 feet to 97 feet when operated on the interstate highways. This act is identical to SB 51 (2007) and SB 909 (2006)(section 304.170). This provision is also contained in SS/SCS/SB 239 et al (2007).

IDLE REDUCTION TECHNOLOGY - This act provides that the maximum gross vehicle weight limit and axle weight limit for heavy-duty vehicles equipped with idle reduction technology may be increased (up to an additional 400 pounds) to account for the technology. This provision is contained in SB 102 (2007) and SB 969 (2006)(section 304.180).

SCHOOL BUS EXEMPTION FROM CHILD PASSENGER RESTRAINT LAW - This act provides that the child passenger restraint law shall not apply to school buses transporting children 4 years of age or older regardless whether such buses are being used for educational, religious or other purposes. The current exemption only applies to school buses used for educational purposes. This portion of the act contains an emergency clause (section 307.179). This provision may also be found in SB 445 (2007). This provision is also contained in SS/SCS/SB 239 et al (2007).

SALVAGE SALES - This act provides that motor vehicle sales at salvage pools or salvage disposal sales be open to licensed salvage dealers and other motor vehicle dealers and to other persons from out of state who are allowed to dismantle, rebuild, crush motor vehicles or salvage vehicles. The act requires salvage pool sales records to be submitted to the department of revenue on a quarterly basis. The act provides that sellers of nonrepairable vehicles or salvage vehicles to persons who are not residents of the U.S. shall stamp on certain areas of the title the words “FOR EXPORT ONLY” (section 301.218). This provision is similar to one contained in HB 567 and SS/SCS/SB 239 et al (2007).

CONSERVATION AGENT/EMERGENCY VEHICLE - This act adds vehicles driven by law enforcement agents of the Department of Conservation to the list of vehicles considered "emergency vehicles”. This portion of the act is similar to SB 352 and SS/SCS/SB 239 et al (2007)(section 304.022).

HIGHWAY PATROL - This act updates several sections of law relating to the operations of the Highway Patrol that are contained in Chapter 43, RSMo. The Highway Patrol was under the direction and authority of the Highway Commission until the early 1940's. This act repeals several superannuated laws that no longer apply to the operations of the highway patrol due to modernization of state government, technology and other statutes and adopted procedures. The act removes the definition of the Highway Commission from Chapter 43, RSMo, since the commission no longer has oversight over the Highway Patrol. The act removes the current statutory requirement for the superintendent of the highway patrol to reside within the city limits of Jefferson City. The act removes the requirement that general headquarters be open at all times and the requirement that a telegraph be available. The act removes the requirement that the highway commission approve all personnel expenses and changes where civil witnesses fees are deposited. The act changes the requirement that the superintendent divide the state into troops instead of districts and removes the requirement that the Highway Patrol send an end of the year fiscal report to the governor and the Highway Commission. The act removes the requirement that the superintendent, major, director of radio and budget personnel be bonded with the Highway Commission. The act changes statutory direction to the highway patrol to deliver those arrested directly to the court, to "their designee," such as an appropriate jail or sheriff. The act allows the superintendent to enter into an agreement with the Missouri Gaming Commission to enforce laws and conduct background investigations. The act revises the maximum fee for criminal history record information from $5 to $9 and allows the superintendent to increase the fee by an amount of $1 per year (maximum of $15). Under the act, any state agency or board may require the fingerprinting of applicants in specified occupations or appointments withing the agency or board for the purposes of identification and criminal history record information. The act further provides that the highway patrol shall conduct name or fingerprint background investigations of gubernatorial appointees. The highway patrol provisions are also contained in SCS/SB 104 and SB 550 (2007).

MOTOR CARRIER TRANSPORTATION INDEMNITY PROVISIONS - This act makes indemnity agreements in motor carrier transportation contracts which purport to indemnify a party against loss from negligence or intentional acts void and unenforceable. Motor carrier transportation contracts shall not include Uniform Intermodal Interchange and Facilities Access Agreements (section 390.372). This provision is contained in SCS/SB 45 & 39 (2007). This provision is also contained in SS/SCS/SB 239 et al (2007).

LICENSE PLATE - This act restores a corrected provision dealing with volunteer firefighter and fire district FIREFIGHTER firefighter special license plates that was erroneously omitted by the General Assembly in 2004 (section 301.444). This provision is also contained in SS/SCS/SB 239 et al (2007).

RESTRICTED LICENSE PLATES - Under this act, any person whose driver's license has been suspended, revoked, or disqualified for a period of not less than 60 days shall immediately surrender his or her current license plates to the director of the department of revenue for destruction. The person shall be issued a set of restricted license plates that are different in color from regular plates which shall be displayed on the motor vehicle or motor vehicles registered solely or jointly in the person's name for the period of the suspension, revocation, denial, or disqualification. Under the act, law enforcement officers shall have probable cause to stop any vehicle displaying restricted license plates to determine whether the driver of such vehicle has a valid driver's license or a limited driving privilege.

Under the act, a registered owner of a motor vehicle who has been issued restricted license plates may not sell the motor vehicle during the period the vehicle is required to display the plates unless the registered owner applies to the department of revenue for permission to transfer title to the motor vehicle. If the director is satisfied that the proposed sale is in good faith and for a valid consideration, and that the sale or transfer is not for the purpose of circumventing the provisions of the act, the director may certify its consent to the owner of motor vehicle. Any vehicle acquired by the applicant during the period of restriction shall display the restricted license plates (Section 302.305). This portion of the act is similar to SB 580 (2007). This provision is also contained in SS/SCS/SB 239 et al (2007).

AFFIRMATIVE DEFENSE FOR PROCEEDING THROUGH REDLIGHT WITH A MOTORCYCLE ("DEAD RED")- This act provides that a person operating a motorcycle who enters or crosses an intersection controlled by a traffic-control signal against a red light shall have an affirmative defense to that charge if the person establishes all of the following conditions:

(1) The motorcycle has been brought to a complete stop;

(2) The traffic signal continues to show a red light for an unreasonable time;

(3) The traffic signal is apparently malfunctioning or, if programmed or engineered to change to a green light only after detecting the approach of a motor vehicle, the signal has apparently failed to detect the arrival of the motorcycle; and

(4) No motor vehicle or person is approaching on the street or highway to be crossed or entered or is so far away from the intersection that it does not constitute an immediate hazard.

The affirmative defense applies only to a violation for entering or crossing an intersection controlled by a traffic-control signal against a red light and does not provide a defense to any other civil or criminal action (Section 304.281). A similar provision was contained in SB 614 (2007) and SCS/SB 969 (2006). This provision is also contained in SS/SCS/SB 239 et al (2007).

MOTORCYCLE HEADLAMP MODULATORS - This act allows a motorcycle headlamp to be wired or equipped to allow either its upper beam or its lower beam, but not both, to modulate from a higher intensity to a lower intensity at a rate of modulation of 200 to 280 cycles per minute. A headlamp modulator installed on a motorcycle with two headlamps shall be wired in a manner to prevent the headlamps from modulating at different rates or not in synchronization with each other. A headlamp modulator installed on a motorcycle shall meet the standards prescribed by federal law (Section 307.100). This provision is also contained in SB 614 (2007). This provision is also contained in SS/SCS/SB 239 et al (2007).

DWI MEMORIAL SIGN PROGRAM - Under this act, the Department of Transportation shall establish and administer a drunk driving victim memorial sign program. The signs shall be placed at or near the scene of the accident. The signs shall be attached to an existing highway sign, street light, or guard rail. The signs shall be placed upon the state highways in accordance with placement guidelines adopted by the department, and any applicable federal limitations or conditions on highway signage, including location and spacing. The department shall adopt, by rules and regulations, program guidelines for the application for and placement of signs authorized by this section, including, but not limited to, the sign application and qualification process, the procedure for the dedication of signs, and procedures for the replacement or restoration of any signs that are damaged or stolen (section 227.295). The drunk driving memorial sign program is contained in SB 185 (2007). This provision is also contained in SS/SCS/SB 239 et al (2007).

RELEASE OF MOTOR VEHICLE LIENS - This act requires a lienholder to release a motor vehicle lien within 5 business days after the lien has been satisfied. The current law gives the lienholder 10 business days to release the lien. The act also requires the lienholder to notify the Department of Revenue within 5 business days if the certificate of ownership is in the department's possession. The act also increases the fines for noncompliance with the time deadlines. The act imposes a graduated liquidated damages scale with a maximum amount of $2,500 in damages that can be imposed for each lien not timely released. The current law provides for a maximum fine or penalty of $500 for each lien not timely released (section 301.640). This provision is similar to one contained in SS/SCS/SB 239 et al, SB 358 and SB 335 (2007)(SA 5).

UTILITY VEHICLES - This act defines the term "utility vehicle" 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. Under the act, a utility vehicle shall not be operated upon the highways of this state except under certain circumstances delineated in the act. No person shall operate a utility vehicle 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. A person operating a utility vehicle on a highway shall have a valid operator's or chauffeur's license. The vehicle shall not be operated at a speed of more than 30 miles per hour on a highway. No operator of a utility vehicle shall carry a passenger, except for agricultural purposes, unless the seat of the utility vehicle is designed to carry more than one person. Utility vehicles are exempt from titling and registration. This portion of the act is substantially similar to SS/SCS/SB 239 et al, SB 347 and HB 397 (2007)(section 304.032).

LICENSE PLATE COVERS - This act provides that license plates may be encased in transparent covers so long as the plates are plainly visible and their reflective qualities are not impaired.

This act is identical to SB 105 (2007) and SB 752 (2006)(section 301.130). This provision is also contained in SS/SCS/SB 239 et al (2007).

HOUSEHOLD GOOD MOVERS - This act allows common household goods common carriers to file applications to the State Highways and Transportation Commission for approval of rates to reflect increases and decreases in the carrier's costs. The filing of the applications shall be governed by similar rules that govern rate adjustments requested by electrical gas or water companies (Section 387.075). The act 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 MoDOT operating authority. Currently, household movers are exempt from the rules and regulations of Chapter 390, RSMo, if their operations are restricted to those described areas. The repeal of this exemption will start January 1, 2008 (Section 390.030). The household good mover provisions are similar to the ones contained in SS/SCS/SB 239 et al, SB 45 and SB 39 (2007)(SA 11).

LANGUAGE INTERPRETERS/CDL EXAMINATIONS - This act provides that the director of the Department of Revenue shall neither supply nor permit the use of language interpreters in connection with commercial driver's license examination process (section 302.720). This portion of the act is contained in SS/SCS/SB 239 et al and SB 627.

WAIVER OF CDL DRIVING TEST FOR MILITARY APPLICANTS - This act authorizes the Director of Revenue to waive the driving skills test for any qualified military applicant for a commercial driver license who is currently licensed at the time of application for a commercial driver license. Under the act, the director must impose conditions and limitations to restrict the applicants from whom the department may accept alternative requirements for the skills test. The act requires the applicant to certify that, during the two-year period immediately preceding application for a commercial driver license, that certain conditions apply. For example, the applicant must demonstrate that he has not had any license suspended, revoked or canceled. The applicant will still have to complete all applicable written tests (section 302.720). This portion of the act is similar to sB 240 (2007).

STOLEN LICENSE PLATE TABS - This act modifies the stolen license plate tabs procedure for obtaining free tabs from the Department of Revenue. Under current law, a person replacing stolen license plate tabs may receive two sets of two license plate tabs for free if the person submits a police report with the application. This act would modify the procedure by requiring any person replacing stolen license plate tabs issued prior to January 1, 2009, to submit a notarized affidavit to that effect. For persons replacing stolen license plate tabs issued on or after January 1, 2009, the person will have to submit a police report with his or her application. This portion of the act is contained in SS/SCS/SB 239 et al and SCS/SB 384 (Section 301.301). This provision of the act contains an emergency clause.

DELINQUENT BOAT TITLE AND REGISTRATION PENALTIES - The act increases the penalties for delinquent boat titling. Under the current law, a person pays a $10 penalty fee for each 30 days of delinquency for failing to title a boat within 60 days of acquiring it or brining it into the state. This act increases the penalty fee to $25. The total penalty fee cannot exceed $200 (currently $30) (section 306.535). The act also increases the penalty fee for a delinquent application for a vessel certificate of title and a delinquent vessel certificate of registration from $10 to $25 for each 30 days of delinquency. The penalty fee cannot exceed a total of $200 (up from $30)(section 306.015 and 306.016).

RESIDENT ADDRESS - This act provides a definition for the term “resident address” for purposes of Chapter 302 (section 302.010).

UNIFIED CARRIER REGISTRATION ACT - This act authorizes the State Highways and Transportation Commission to take the necessary steps to implement and administer a state plan to conform with the Unified Carrier Registration Act (UCR Act)of 2005. The federal UCR Act includes provisions to eliminate the Single State Registration System (SSRS) by January 2007 and replace it with the Unified Carrier Registration (UCR) Agreement (sections 390.021 and 390.136). The act also repeals Section 390.071 (pertaining to the issuance of interstate motor carrier permits) and Section 622.095 (relating to the single state registration system). These provisions are also contained in SB 200 (2007).

INSURANCE DATABASE PROGRAM SUNSET EXTENSION - This act extends the sunset clause on the mandatory insurance database program from June 30, 2007, to June 30, 2012. This portion of the act contains an emergency clause (§303.415). This portion of the act is contained in SB 295 (2007).

NON-ALCOHOLIC SWABS - This act removes the requirement contained in section 577.029 that when blood is drawn for analysis of alcohol content, a non-alcoholic swab shall be used (section 577.029).

ARREST WITHOUT WARRANT FOR DWI & BAC - Under current law, a law enforcement officer may make an arrest without a warrant for a DWI or BAC 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. This act removes the one and one-half hour restriction (section 577.039).

LEFT-HAND LANE RESTRICTION - This act prohibits trucks registered for a gross weight of more than 24,000 pounds from being operated in the far left lane on an interstate highway having at least three lanes proceeding in the same direction, within 3 miles of where an interstate highway and a three-digit Missouri Route intersect with an average daily traffic count of at least 130,000 vehicles at that point, in St. Charles County. The amendment requires the Missouri department of transportation to design, manufacture, and install any informational and directional signs at the appropriate locations. The lane restriction does not apply when:

(1) It is reasonably necessary for the operation of the truck to respond to emergency conditions; or

(2) The right or center lane of a roadway is closed to traffic while under construction or repair (section 304.015).

TRANSPORTATION DEVELOPMENT DISTRICTS - The act modifies the procedure for forming a transportation development district for a district to be established within 2 or more counties. Under the act, 50 or more registered voters from each of the counties may sign a petition calling for the creation of joint establishment of a district for a project to be located in multiple counties. The petition may be filed in the circuit court of any of the petitioner counties. The district and proposed funding shall be subject to voter approval under one election, rather than a bifurcated process (sections 238.207 and 238.210).

The act modifies the definition of "qualified electors" to mean residents within a proposed district registered to vote and property owners who shall receive one vote per acre. The definition provides that any registered voter who is also a property owner must choose to vote as an owner or a registered voter (section 238.202). The act requires the TDD petition to set forth the estimated project costs and the anticipated revenues to be collected from the project(section 238.207). The act provides for the deannexation of property from a transportation development district but only with the unanimous consent of the property owners and the removal of such property will not materially affect the obligations of the district (section 238.208). The act modifies the process for submitting TDD plans to the state highways and transportation commission. The act provides for preliminary approval of a project by the commission. After such preliminary approval, the district may impose taxes and assessments (section 238.225). The act provides that a TDD may establish different classes of real property within a district for purposes of levying differing rates of special assessments (section 238.230). The act provides for the speedier transfer of a TDD project to the commission or local transportation authority provided the recipient consents (section 238.275). These provisions can be found in SCS/SB 311 (2007).

PROOF OF REGISTRATION WITH DIVISION OF MOTOR CARRIER SERVICES - This act requires owners of commercial motor vehicles with a licensed gross weight over 50,000 pounds to submit proof that they are registered with the division of motor carrier services prior to obtaining or renewing license plates for such vehicles (section 301.037). This section is contained in SB 484 (2007).

COMMERCIAL MOTOR VEHICLE INSPECTIONS - This act requires the state patrol to establish a program to certify local law enforcement officers with respect to enforcing commercial motor vehicle laws. The certification procedures established by the Highway Patrol shall include training, testing, on-the-job experience, data collection and other prescribed components. The certification procedures shall meet the requirements established by the Commercial Vehicle Safety Alliance (CVSA). The Highway Patrol is authorized to establish reasonable fees 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 Highway Patrol.

Beginning January 1, 2008, only law enforcement officers that have been certified by the Missouri State Highway Patrol under the act, members of the Missouri State Highway Patrol, regularly employed maintenance men of the Department of Transportation, or commercial vehicle enforcement officers shall have the authority to conduct random roadside examinations or inspections to determine compliance with the commercial motor vehicle weight and size limit laws (Sections 304.170 to 304.230), and only such officers shall have the authority, with or without probable cause to believe that the size or weight is in excess of that permitted by the law, to require the driver, operator, owner, lessee, or bailee, to stop, drive, or otherwise move to a location to determine compliance with the law. A law enforcement officer not certified under the act, however, may stop a vehicle that has a visible external safety defect that could cause immediate harm to the traveling public. In the course of a stop, the law enforcement officer shall identify to the driver the defect that caused the stop.

If the vehicle passes the roadside inspection, the law enforcement officer, state highway patrolman, or other authorized person may issue the operator, driver, owner, lessee, or bailee of such vehicle a Commercial Vehicle Safety Alliance inspection decal to be affixed to the vehicle in a manner prescribed by the superintendent. Once issued, the decal shall be valid for a period not to exceed three consecutive months and shall exempt the vehicle from further inspection during such period. However, nothing shall exempt the operator from subjecting such vehicle to an examination or inspection if the vehicle has a visible external safety defect or the law enforcement officer at hand has probable cause to believe that the size or weight of the vehicle is in excess of that permitted by the law. The act authorizes the superintendent of the Missouri State Highway Patrol to promulgate rules and regulations regarding the size and placement of the sticker and any ancillary issues related to the issuance, display, or use of the decal (section 304.230 and 304.232). These provisions can be found in SCS/SB 484 (2007).

ASSIGNMENT OF FAULT BASED UPON TYPE OF VEHICLE OPERATED - This act provides that operating a certain type of motor vehicle, in and of itself, shall not be considered evidence of comparative negligence. The act also provides that when investigating an accident or settling an automobile insurance policy claim, no insurer, agent, producer, or claims adjuster of an insurer shall assign a percentage of fault to a party based upon the type of vehicle a party was operating. A violation of this provision shall be considered an unfair trade practice (sections 379.130 and ). This portion of the act is similar to that contained in SB 505 (2007).

VEHICLE PROTECTION PRODUCT ACT - This act would prohibit a person from selling or offering for sale a vehicle protection product in Missouri unless the seller, warrantor, and any administrator comply with the provisions of the proposed act. A vehicle protection product warrantor, a seller of a vehicle protection product, or a warranty administrator that complies with the act shall not be subject to any other provisions of the state insurance code. The proposed act would apply to all warranted products sold or offered for sale on or after January 1, 2008. This portion of the act has an effective date of January 1, 2008. This portion of the act is substantially similar to SB 297 (2007) and SB 1058 (2006)(sections 385.400 to 385.436).

APPLICATION OF OTHER STATE WEIGHT LIMITS - Under this act, any commercial motor vehicle originating within this state traversing to a neighboring state may operate or move such motor vehicle on a state highway within this state with a weight limit that meets but does not exceed the weight limits of the destination state. If the weight limits of the destination state are less than the weight limits of this state, then the weight limits of this state shall apply (section 1). This provision is also contained in SS/SCS/SB 239 et al (2007).

TEMPORARY PERMITS - This act modifies various provisions relating to temporary permits. The act removes references to the terms “plate” and “paper plate” from the temporary permit provision to unify the name as temporary permit (section 301.140).

TITLE DESIGNATIONS - Under this act, when an application is made for a title in Missouri for a motor vehicle previously registered in another state and such vehicle was designated as a prior salvage vehicle, this designation shall be carried forward on the Missouri title (section 301.190.12). The act provides that the absence of a prior designation on a an out-of-state title that the vehicle is a reconstructed motor vehicle, motor change vehicle, specially constructed motor vehicle or prior salvage vehicle shall not relieve the transferor of the duty to exercise due diligence with respect to the title prior to its transfer. If the transferor exercises due diligence with respect to the out-of-state title, then the transferor shall not be liable despite the fact that the title was not properly designated (section 301.190.12). The act also repeals a doubly-enacted section 301.190.

PROOF OF POSSESSION - The act allows dealers to prove rightful possession of their inventory, if inspected, by showing that the dealers have applied for a title or have satisfied a lien in lieu of possessing the actual title (section 301.200.1).

UNCLAIMED VEHICLES REPORTS AND CLAIMS FOR STORAGE - Under this act, dealers and persons operating garages in which a motor vehicle remains unclaimed for a period of 15 days, may report the unclaimed vehicle to the department of revenue. Under the current law, dealers are required to report such unclaimed vehicles to the department of revenue within 5 days of the expiration of the 15 day period. The act also repeals the current provision of law which provides that dealers who fail to report unclaimed vehicles to the department of revenue forfeit all claims and liens for storing the vehicle (section 301.280.3).

MOTOR VEHICLE DEALER DEFINITION - The act modifies the term “motor vehicle dealer.” Under the act, any motor vehicle dealer licensed before August 28, 2007, shall be required to meet the minimum calendar year sale of 6 or motor vehicles provided the dealer can prove the business achieved, cumulatively 6 or more sales per year for the preceding 24 months in business. If the dealer has not been in business for 24 months, then the cumulative sales must equal 1 sale every 2 months for the months the dealer has been in business. Any dealer who fails to meet the minimum requirements will not be qualified to renew his or her license for one year. Applicants who reapply after the period of disqualification must meet the 6 sales requirement. The act also supplies a definition for “trailer dealer” that is similar to the definition of “motor vehicle dealer” with respect to minimum sales (section 301.550).

BONA FIDE ESTABLISHED PLACE OF BUSINESS - Under this act, bona fide business inspections of dealerships are required annually for the first 3 years, then every other year thereafter. The licensure exemption that exempts boat dealers from having a lot is repealed. The act provides that the photograph that accompanies a dealer initial application shall not be any smaller than 5" by 7".

DEALER SURETY BOND - The act requires dealers to file a corporate surety bond in the amount of $30,000 (currently $25,000)(section 301.560.1(3)).

PROOF OF INSURANCE - The act requires dealer applications to show proof of a dealer garage policy and a current copy of property and casualty policy (section 301.560.1(3)).

MOTOR VEHICLE SHOWS - Under the act, new restrictions are placed upon participating in motor vehicle dealer shows. Under the act, dealers may participate in no more than 2 motor vehicle shows annually provided the event is conducted for not more than 5 consecutive days and the event does not require any dealer participant to pay an unreasonably prohibitive participation fee. If any show or sale includes a class of dealer or franchised new vehicle line-make, that is also represented by a same class dealer or dealer representing the same line-make outside of the boundary lines of the city or town and is within 10 miles of where the show or sale is to take place, the dealer outside of the boundary lines of the city or town shall be invited to participate in the show or sale. The act limits off-site sales to 5 days in duration (down from 10 days) and increases the permit fee for off-site sales to $550 (up from $200)(section 301.566). The act also repeals a doubly-enacted version of section 301.566.

ADVERTISING GUIDELINES - Under this act, the terms “invoice price” and “$....below/over invoice” shall not be used in advertisements. The current law currently allows these terms. The act also removes the restriction of advertising the matching or bettering a competitor’s price (section 301.567).

SALE OF 6 OR MOTOR VEHICLES IN A YEAR WITHOUT A LICENSE - This act makes it unlawful for a person to sell 6 (down from 7) or more motor vehicles in a calendar year unless the person is licensed or meets other exceptions listed in the statute. The sale of 6 or more vehicles within a calendar year shall be deemed to be acting as a motor vehicle dealer without a license (section 301.570).

MOTOR VEHICLE VIOLATIONS - This act modifies numerous penalties for violations of motor vehicle licensing, registration, and equipment statutes. The act makes certain motor vehicle registration violations punishable as infractions rather than various classes of misdemeanors. These provisions can also be found in SB 101 (2007).

The fine for the enumerated motor vehicle registration violations shall not be less than $5 nor more than $500. The current law provides that certain motor vehicle registration violations are punishable by imprisonment in the county jail for a term not exceeding one year or by a fine of not less than $5 or more than $500, or by both (Section 301.440).

Under the act, violations of Missouri's ATV titling and registration laws are punishable as infractions (Section 301.716).

Under the act, failure to secure truck load violations are punished as infractions rather than class C misdemeanors (Section 307.010).

Under the act, the punishment for a mud flap violation is changed from a Class B misdemeanor to an infraction (Section 307.015).

Under the act, the punishment for a spotlamp violation is changed from a Class C misdemeanor to an infraction (Section 307.090). The act further provides that violations of certain motor vehicle lighting regulations shall be punishable as infractions rather than misdemeanors (Section 307.120).

Under the act, the punishment for improperly lighting or marking an animal-driven vehicle is changed from a Class C misdemeanor to an infraction (Section 307.125).

Under the act, the punishment for certain motor vehicle safety glass violations is changed from a Class C misdemeanor to an infraction (Section 307.155).

Under the act, the punishment for altering the front or rear of a motor vehicle or operating a motor vehicle without proper bumpers is changed from a Class C misdemeanor to an infraction (Section 307.172).

Under the act, the punishment for a window tinting violation is changed from a Class C misdemeanor to an infraction (Section 307.173).

Under the act, the punishment for operating a motorized bicycle without a license or operating a motorized bicycle upon an interstate highway is changed from a Class C misdemeanor to an infraction (Section 307.915).

Under the act, the punishment for an ATV equipment violation is changed from a Class C misdemeanor to an infraction (Section 307.198).

Under the act, the punishment for violating certain motor vehicle inspection station regulations is changed from a misdemeanor to a Class C misdemeanor (Section 307.365).

Under the act, the punishment for school bus inspection violations is changed from a misdemeanor to a Class C misdemeanor (Section 307.375).

Under the act, the punishment for violating Missouri's motor vehicle safety inspection regulations is changed from a misdemeanor to an infraction (Section 307.390).

Under the act, the punishment for violating certain commercial motor vehicle regulations is changed from a Class B misdemeanor to an infraction (Section 307.400).

This act provides that for an infraction, all court costs, fees, surcharges, and other charges shall be assessed in the same manner and amount as for a misdemeanor (Section 488.006).

Under this act, an offense is an infraction if it is designated as one, or if a violation can result only in a fine, forfeiture, or other civil penalty. A determination of whether an infraction has occurred shall be made by the filing of a civil action. The action shall be filed by a person who is authorized to bring a criminal action or an action to enforce an ordinance. The action will be brought in the name of the state or the appropriate political subdivision. An infraction violation shall be proved by a preponderance of the evidence but shall not be tried by a jury. If an infraction violation is proven, judgment shall be entered for the plaintiff.

This act requires any driver to stop on signal of any law enforcement officer and to obey any reasonable signals of such officer given in the course of enforcing any infraction. Any person who fails or refuses to obey any such signal or who resists an officer while enforcing any infraction, shall be guilty of a Class A misdemeanor (Section 556.021).

IN TRANSIT TAGS - The act repeals the provision of law which required dealers to use "In Transit" tags when moving motor vehicles from one dealer to another or from the manufacturer (section 301.170).

TEMPORARY PERMITS FOR RESIDENTS - The act repeals the provision of law that required the issuance of temporary permits to nonresidents (section 301.177).

MOTOR VEHICLE FRANCHISE PRACTICES ACT - This act modifies the definition of the term "motor vehicle" contained in the Motor Vehicle Franchise Practices Act to include any engine, transmission, or rear axle, regardless of whether attached to a vehicle chassis, that is manufactured for the installation in any motor-driven vehicle with a gross vehicle weight rating of more than 16,000 pounds (Section 407.815). This provision is contained in SB 350 and HB 510 (2007).

STEPHEN WITTE