CCS/SS/SCS/HCS/HB 1402 - This act modifies various provisions relating to the regulation of transportation.HOUSEHOLD GOODS MOVERS - This act modifies provisions relating to the regulation of household goods movers. These provisions are similar to the ones contained in the truly agreed to version of SB 470 (2012), the truly agreed to version of CCS/SS/SCS/HCS/HB 430 (2011) and in SB 58 (2011).
Under the terms of this act, household goods movers will no longer have to file their schedule of rates, fares and charges with the state highways and transportation commission. A household goods mover must maintain and publish its schedules of rates, fares, rules, and charges in its stations and offices. Such rates shall be available for inspection by the commission, shippers, and the public (Sections 387.040 and 387.050).
This act prohibits household goods movers from participating in joint tariffs. The act allows joint tariffs relating to the transportation of household goods over through routes or in interline service involving two or more separate motor carriers. Carriers of household goods participating in through routes or interline service shall publish joint tariffs or individual tariffs for each participating carrier (no longer have to file joint tariffs with the commission). In addition, household goods movers will no longer be required to file sworn copies of every contract with other motor carriers with the commission (Sections 387.080 and 390.116).
Under current law, household goods carriers are prohibited from using schedules of rates that divide the state into territorial rate areas. This act removes this restriction (Section 387.110).
Under the terms of this act, the commission no longer has the authority to fix rates with reference to the transportation of household goods. Rates published by household goods movers are presumed to prima facie lawful (Section 387.207).
Under this act, all rate orders issued by the commission affecting the transportation of household goods, to the extent such rate orders prescribe any minimum or maximum rates for the transportation of such goods, shall be vacated. Other provisions contained in the rate orders unrelated to prescribing maximum or minimum rates shall not be vacated (Section 387.355).
The act eliminates the requirement that household goods carriers or non charter passenger carriers demonstrate that their proposed service will serve a useful present or future public purpose when applying for a certificate of authority or permit. Concomitantly, applicants for household goods or passenger certificates or permits will not have to satisfy the public convenience and necessity test when proposing a new service, an extension of existing service, or a transfer of authority. An applicant for a household goods or passenger certificate of authority or permit will have to show that they are fit, willing, and able to perform the service, and that they will conform to other standards established by law.
Under this act, the commission shall not restrict any certificate or permit authorizing the transportation of household goods or passengers with reference to any route or routes (Sections 390.051 and 390.061).
Under this act, any geographic restriction or provision limiting a household goods carrier's scope of authority to particular routes within this state contained in a certificate or permit, or both, which was issued prior to August 28, 2012, and any similar provision contained in a carrier's tariff schedule filed prior to such date, shall be deemed void. In lieu of the geographic restrictions expressed in such certificates, permits, or tariff schedules, a motor carrier shall be authorized to provide intrastate transportation of household goods between all points and destinations within the state until such time the certificates, permits, and tariff schedules are reissued or amended to reflect the motor carrier's statewide operating authority (Section 390.280).
Beginning August 28, 2012, no certificate of authority or permit shall be issued or renewed unless the applicant demonstrates that the applicant has workers' compensation insurance coverage that complies with Missouri law for all its employees. If any household goods carrier is found by the division of workers' compensation to be out of compliance with the workers' compensation law, the division shall report such fact to the state Highways and Transportation Commission. The commission shall suspend the household goods carrier's certificate or permit until such time the carrier demonstrates that it has procured workers' compensation insurance coverage (Section 390.054).
This act requires the commission to establish consumer protection requirements for motor carriers transporting household goods in intrastate commerce (Section 387.137 ).
This act requires the Division of Motor Carriers to develop a complaint process. The complaint process shall keep a record for each complaint and shall record findings made at each step of the complaint process, provide an explanation for a complaint dismissal, and provide other information (Section 387.139).
Under this act, the state highways and transportation commission is authorized to enter into interagency agreements with the Regional Taxicab Commission to deal with any public safety issues that may arise as a result of the act's deregulation provisions (Sections 390.051 and 390.061).
USE OF MUNICIPAL STREETS -USE OF MUNICIPAL STREETS - Under current law, municipalities may enact ordinances that limit the use of certain designated streets to passenger vehicles. This act modifies this authorization by requiring municipalities to allow at least one route, with lawful traffic movement and access from both directions, to be available for use by commercial motor vehicles to access any roads in the state highway system. No municipality may pass an ordinance that denies the use of commercial motor vehicles on all routes within the municipality. This provision may be found in the truly agreed to version of SB 480 (2012) and SB 656 (2012) (Section 304.120).
JOINT COMMITTEE ON TRANSPORTATION OVERSIGHT - This act modifies the Senate membership of the Joint Committee on Transportation Oversight so that Senate membership shall be composed, as nearly as may be, of majority and minority party members in the same proportion as the number of majority and minority party members in the Senate bears to the total membership of the Senate. The act also requires the annual MoDOT report to be submitted no later than December 31st of each year (rather than November 10th) and requires the hearing on the report to be held no later than February 15th of each year (rather than December 1st). The act eliminates the requirement that the report be submitted to every member of the Senate and the House of Representatives (written copies only to Governor and Lt. Governor). Instead, the report shall be accessible via the Internet (Section 21.795).
BI-STATE FARE EVASION - This act requires persons convicted of failing to pay a fare for the use of Bi-State Development Agency facilities and conveyances to reimburse the reasonable costs attributable to the enforcement, investigation and prosecution of such offense to the agency. This provision may also be found in the truly agreed to version of SB 480 (2012), SB 508 (2012), HB 1454 (2012), SB 347 (2011) and the truly agreed to version of HB 430 (2011) (Section 70.441).
FAILURE TO APPEAR IN COURT- Under current law, if a person fails to timely dispose of a traffic ticket, the court will notify the director of revenue of such fact and the director will suspend the offender's driver's license until the person settles the matter by paying the fines and applicable court costs. Upon proof of disposition of the charges, and payment of a reinstatement fee, the director will return the license and remove the suspension from the person's driver's record. This act modifies this provision so that a commercial motor vehicle operator or a holder of a commercial driver's license will not be eligible to have such a suspension removed from his or her driving record (Section 302.341). This provision may be found in the truly agreed to versions of SB 470, SB 480, and SB 568 (2012). This provision is also contained in the perfected version of SB 443 (2012) and the truly agreed to version of HB 430 (2011) and HCS/HB 818 (2011).
UNIFORM COMMERCIAL DRIVER'S LICENSE ACT - This act adds new definitions to Uniform Commercial Driver's License Act (sections 302.700 to 302.780) and makes modifications to current definitions relating to commercial driver license requirements to comply with Federal Motor Carrier Safety regulations and support the implementation of the federal rule labeled "Medical Certification Requirements as part of the CDL". The act revises the definition section by adding the following terms:
1) CDLIS driver record;
2) CDLIS motor vehicle record;
3) Commercial driver's license downgrade;
4) Driver applicant;
5) Employee;
6) Endorsement;
7) Foreign;
8) Medical examiner;
9) Medical variance (section 302.700).
CDL MEDICAL CERTIFICATION COMPLIANCE - This act implements a Federal Motor Carrier Safety Regulation known as "Medical Certification Requirements as part of the CDL". This act requires commercial driver license applicants to complete certain self certifications and submit required medical examiner certification documents when applicable. The act specifies the certification process. Applicants certifying to the operation in nonexcepted interstate or nonexcepted intrastate commerce must provide the state with an original or copy of a current medical examiners certificate. The state is required to maintained such documents for a period of 3 years beyond the date the certificate was issued. The act requires applicants to provide updated medical certificates or variance documents in order to maintain commercial motor vehicle driving privileges. The director must post the medical examiners certificate information to the driver record within 10 calendar days of receipt and the information will become part of the CDLIS driver record. Under the act, any person who falsifies any information in an application for or an update of medical certification status information shall not be licensed to operate a commercial vehicle or the person's commercial driver's license must be canceled for a period of one year after the director discovers the falsification.
The CDL medical certification compliance sections (sections 302.700 and 302.768) shall become effective on the date the director begins accepting commercial driver license medical certifications or on May 1, 2013, whichever occurs first.
The CDL provisions may also be found in the truly agreed to versions of SB 470, SB 480, and SB 568 (2012). The provisions are also contained in SB 443 (2012) and the truly agreed to version of HB 430 (2011).
NONRESIDENT VIOLATOR COMPACT - This act modifies the Nonresident Violator Compact. Under current law, the Department is prohibited from processing an out of-state failure to appear/pay violation if the notice is received more than six months after the citation was issued. This proposal will allow the Department to process an out-of-state failure to appear/pay notice, for an individual who was operating a commercial motor vehicle or was a CDL holder at the time of the offense, if the notice is received more than six months after the citation is issued (Section 544.046).
DYED FUEL - Current law prohibits the operation of a motor vehicle with dyed fuel on a public highway except in certain circumstances. This act creates an additional exception for vehicles associated with a public utility or rural electric cooperative engaged in the restoration of utility service during a state of emergency (Section 142.932). This provision is contained in the truly agreed to version of SB 470 (2012) and SB 701 (2012).
SALES TAX EXEMPTION FOR MOTOR CARRIERS - This act provides a sales tax exemption for motor vehicles registered in excess of 54,000 pounds, and the trailers pulled by such motor vehicles, that are actually used in the normal course of business to haul property on the public highways of the state, and that are capable of hauling loads commensurate with the motor vehicle's registered weight. The sales tax exemption also extends to the materials, replacement parts, and equipment purchased for use directly upon, and for the repair and maintenance or manufacture of such vehicles (section 144.030). This provision may also be found in the truly agreed to version of SB 480 (2012) and SB 430 (2012).
RECREATIONAL OFF-HIGHWAY VEHICLES - This act modifies the definition of recreational off-highway vehicle as found in Section 301.010. The act modifies the definition by increasing the width and weight limit of the vehicle. The width of a recreational off-highway vehicle is increased from 60 inches to 64 inches and the unladen dry weight of the vehicle is increased from 1,850 pounds to 2000 pounds (Section 301.010).
Under the act, recreational off-highway vehicles shall not be operated on highways except for:
(1) Governmental owned and operated recreational off-highway vehicles for official use;
(2) Recreational off-highway vehicles operated for agricultural purposes or industrial on-premise purposes;
(3) Recreational off-highway vehicles operated within three miles of the operator's primary residence. This exception shall not authorize the operation in a municipality unless the municipality authorizes the operation by permit;
(4) Recreational off-highway vehicles operated occasionally by handicapped persons for short distances only on the state secondary roads;
(5) Governing bodies of cities may issue special permits to licensed drivers for special uses of recreational off-highway vehicles on highways within the city limits. Fees of $15 may be collected and retained by cities for such permits;
(6) Governing bodies of counties may issue special permits to licensed drivers for special uses of recreational off-highway vehicles on county roads within the county. Fees of $15 may be collected and retained by the counties for such permits.
No person shall operate a recreational off-highway 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 recreational off-highway vehicle on a highway shall have a valid operator's or chauffeur's license.
Under the terms of the act, an individual shall not operate a recreational off-highway vehicle upon on a highway in this state without displaying a lighted headlamp and a lighted tail lamp. A person may not operate a recreational off-highway vehicle upon a highway of this state unless such person wears a seat belt. When operated on a highway, a recreational off-highway vehicle shall be equipped with a roll bar or roll cage construction to reduce the risk of injury to an occupant of the vehicle in case of the vehicle's rollover. The recreational off-highway vehicle provisions may be found in the truly agreed to versions of SB 480 (2012) and HB 1807 (2012). The recreational off-highway vehicle provisions had their genesis in SB 714 (2012) (Section 304.033).
STAGGERING OF DEALER LICENSES -DEALER BIENNIAL REGISTRATIONS - This act authorizes the director to issue a dealer's license valid for a period of up to two years and to stagger the license periods for administrative efficiency and equalization of workload. This provision is similar to the one contained in the truly agreed to version of HB 430 (2011) (Section 301.559).
WHO MAY ACCOMPANY TEMPORARY INSTRUCTION PERMIT HOLDERS - This act expands the list of qualified persons who may accompany a temporary instruction permit holder who is under 16 years of age. Under current law, a temporary instruction permit holder may only drive a motor vehicle when accompanied by a grandparent, parent, legal guardian, or a qualified driving instructor. This act expands the list of qualified drivers to include persons who are at least 25 years age, have been licensed for a minimum of three years and have received written permission from the parent or legal guardian to escort or accompany the driver. This provision may be found in SB 648 (2012) (Section 302.130).
ADMINISTRATIVE HEARINGS AT REGIONAL LOCATIONS - This act amends section 302.530 so that an administrative hearing to revoke or suspend a person's license for an excessive blood alcohol content violation may be conducted at a regional location designated by the director rather than the county where the arrest was made. This provision may be found in SB 254 (2011) (Section 302.530).
KANSAS CITY COMMERCIAL ZONE - This act expands the Kansas City commercial zone by including the stretch of State Route 45 from its intersection with Interstate 29 to the city limits of Iatan. This provision is also contained in the truly agreed to versions of SB 470 and SB 568 (2012). The provision may also be found in SCS/SB 656 (2012) (Section 304.190).
BOATING SAFETY IDENTIFICATION CARD - Under this act, any person or company that rents or sells vessels may issue temporary boating safety identification cards to nonresidents to operate rented vessels or vessels being considered for sale, for a period of up to 7 days, provided that the individual meets the minimum age requirements for operating a vessel in this state. In order to qualify for the temporary boating safety identification card, the applicant shall provide a valid driver's license establishing that the applicant is a nonresident and shall sign an affidavit that he or she has reviewed the Missouri State Highway Patrol Handbook of Missouri Boating Laws and Responsibilities. The Missouri State Highway Patrol shall charge a fee of $9 for the temporary boating safety identification card. Nonresidents shall not be eligible for more than one temporary boating safety identification card. Under the act, the Missouri State Highway Patrol is authorized to develop the temporary boating safety identification card. The act requires businesses that issue temporary boating safety identification cards to transmit the applicant's information and payment to the Missouri State Highway Patrol using an electronic online registration process developed and provided by the patrol. The electronic online registration process shall allow the applicant to pay the $9 fee by credit card, debit card, or other commercially approved electronic method. The act imposes a sunset date of December 31, 2022, on the nonresident temporary boating safety identification card program. This portion of the act contains an emergency clause. This portion of the act may be found in the truly agreed to versions of SB 719 and SB 568 (2012) (Section 306.127).
LIABILITY INSURANCE FOR INSPECTION STATIONS - This act requires official motor vehicle inspection and emission stations to have liability insurance to cover any possible damages to a vehicle during an inspection. This portion of the act is similar to SB 504 (2012), SB 45 (2011), SB 687 (2010) and HB 2588 (2008)(Sections 307.365 and 643.320).
TRANSPORTATION DEFINITIONS - The act makes technical modifications to the terms "mobile scrap processor", "scrap processor", and "vanpool" as used in Chapter 301 (Section 301.010 and 301.218).
FLEET VEHICLE LICENSE PLATES - Under this act, a fleet owner of at least 50 fleet vehicles may apply for fleet license plates bearing a company name or logo. Under current law, any fleet owner could apply these types of plates regardless of how many fleet vehicles he or she owned (Section 301.032).
DRIVEAWAY LICENSE PLATES - This act places additional restrictions on the use of driveaway license plates. Under this act, driveaway license plates shall only be used by owners, corporate officers, or employees of the business to which the plates were issued. Under the act, an applicant for a driveaway plate must provide certain information such as the business name, address, and driver license number. The applicant must provide proof of financial responsibility. In addition, the applicant must provide a picture of his or her place of business. The applicant must maintain a landline telephone at his or her place of business during the registration period. The act makes the use of a revoked driveaway license plate a Class A misdemeanor (Section 301.069). This section is also contained in HCS/HB 1640 (2012).
DEPARTMENT INVESTIGATORS - Under the terms of this act, department investigators licensed as peace officers shall be deemed to be peace officers while conducting investigations into matters regarding motor vehicle registrations and any provisions relating to taxes, licenses or fees (Section 301.216). This section is also contained in HCS/HB 1640 (2012).
INSPECTION OF SALVAGE POOL OPERATOR PREMISES - Under the terms of this act, representatives from the Department of Revenue may inspect the premises of salvage pool operators (Section 301.225).
VIN NUMBER/ODOMETER RECORDS - Under this act, motor vehicle dealers and public garage operators must maintain a record of a vehicle's VIN number, odometer settings and other information for a period of 5 years (current law is 3 years) (Section 301.280). This section is also contained in HCS/HB 1640 (2012).
FALSE STATEMENTS VIS-A-VIS MONTHLY SALES REPORTS - Under this act, any person who makes a false statement in a monthly sales report to the Department of Revenue is guilty of a Class A misdemeanor (Section 301.280). This section is also contained in HCS/HB 1640 (2012).
MISUSE OF DEALER PLATES/SURRENDER OF PLATES - This act allows any law enforcement officer or agent of the department to seize a dealer license plate or certificate of number if the officer or agent has probable cause to believe that it is being misused in violation of law (Section 301.560). This section is also contained in HCS/HB 1640 (2012).
PROCEDURE FOR REVOKING OR SUSPENDING A DEALER'S LICENSE - The act provides that if a motor vehicle dealer who has his or her license suspended refuses to surrender his license and distinctive number license plates, then the department may direct a law enforcement officer to secure possession of the items.
The act establishes a new administrative procedure for revoking or suspending a motor vehicle dealer license in situations that are deemed to present a clear and present danger to the public welfare. For example, the director may suspend or revoke a dealer license under the new procedure if the dealer allows a corporate surety bond or irrevocable letter of credit to expire or be revoked without submitting replacement coverage. Alternatively, the failure to maintain a bona fide established place of business constitutes a ground for suspension or revocation. Suspension or revocation of a license under these grounds shall be administratively processed by the department through evidentiary hearings held by the director or the director's designated agent (foregoes the administrative hearing commission process established for other types of offenses). The act sets forth the administrative procedure and notice requirements for the suspension or revocation of a license (Section 301.562). This section is also contained in HCS/HB 1640 (2012).
MOTOR VEHICLE ADVERTISING STANDARDS - This act clarifies that the terms "free" OR "at no cost" shall not be used in an advertisement if it requires the purchase of a motor vehicle to receive the free item, merchandise or service (Section 301.567). This section is also contained in HCS/HB 1640 (2012).
SALE OF 6 MOTOR VEHICLES OR MORE - This act provides that any person, partnership, corporation, company, or association who violates the state law prohibiting the sale of six or more vehicles in a year without a license shall be guilty of a Class D felony for a second or subsequent violation (Section 301.570). This section is also contained in HCS/HB 1640 (2012).
SPECIAL EVENT MOTOR VEHICLE AUCTION LICENSE - This act allows the Department of Revenue to issue a special event motor vehicle auction license to an applicant for the purpose of auctioning motor vehicles if 90% or more of the vehicles are at least 10 years old or older. Licensees shall auction no more than 3% of the total number of vehicles presented for auction which are owned and titled in the name of the licensee or its owners. Auctions can be held for no more than three consecutive days, but no more than two times in a calendar year by the same licensee. A report must be sent to the director within 10 days of the conclusion of the special event motor vehicle auction on a department-approved form specifying the make, model, year, and vehicle identification number of every vehicle included in the auction. Anyone violating this provision will be guilty of a Class A misdemeanor and will be charged a $500 administrative fee payable to the department for each vehicle auctioned in violation of this provision. A special event motor vehicle auction will be considered a public motor vehicle auction for purposes of licensing and inspection of certain documents and odometer readings; however, the licensee will not be required to have a bona fide established place of business. Applications to hold a special event motor vehicle auction must be received by the department at least 90 days prior to the event. Applicants must be registered to conduct business in this state, pay a licensing fee of $1,000, and be bonded or have an irrevocable letter of credit in the amount of $100,000. Applicants will be responsible for ensuring that a sales tax license or special event sales tax license is obtained if required.
A similar provision may also be found in the truly agreed to version of SB 470 (2012). The special event motor vehicle auction license provision is contained in HCS/HB 1640 (2012); SB 131 (2011), SB 167 (2011), SB 716 (2010), CCS/SS/SCS/HB 2111 (2010), and HB 979 (2009)(Section 301.580).
CRIMINAL HISTORY CHECKS TO OBTAIN LICENSE OR LIMITED DRIVING PRIVILEGES FOR CERTAIN OFFENDERS - This act requires certain offenders to undergo criminal history checks in order to have their driver's licenses reinstated or have limited driving privileges granted.
This act provides a definition for the term "criminal history check" for the drivers' license chapter (Section 302.010)
Under current law, the Department of Revenue is prohibited from issuing a driver's license to anyone who has more than 2 driving while intoxicated convictions. However, a person may petition the court after 10 years from the date of the last conviction to have a new license issued. If, after reviewing the person's record, it is found that the petitioner has not been convicted of alcohol-related offenses during the preceding 10 years, then the court may order the director to issue the petitioner a driver's license. This act requires the court to review the results of a criminal history check prior to making that determination (Section 302.060).
Under current law, the Department of Revenue is prohibited from issuing a driver's license to anyone convicted twice within a 5 year period of violating any driving while intoxicated law or any other intoxication-related traffic offense or to a person who has been convicted of the crime of involuntary manslaughter while operating a motor vehicle in an intoxicated condition. Under the terms of this act, after the expiration of 5 years from the date of the last conviction, a person may petition the court to have a new license issued. The court must review the petitioner's record, including the results of a criminal background check, to determine whether the petitioner has not be convicted of and has no pending charges for alcohol-related offenses. If satisfied, the court may order the director to issue the petitioner a driver's license (Section 302.060).
Persons who petition the court for a reinstatement of his or her driver's license under this act must submit a criminal record review application with the Missouri State Highway Patrol. The petitioner shall submit 2 sets of fingerprints. One set of fingerprints will be used by the highway patrol to search the criminal history repository while the other set will sent to the FBI for searching the federal criminal history files. The person seeking a reinstatement of his or her license must pay all fees related to the criminal history check.
The act makes similar provisions for those who apply for limited driving privileges (hardship license). Under the terms of the act, the court or the director must review the results of a criminal history check prior to granting any limited driving privilege to any person denied a license for a period of 10 years or any person that cannot obtain a license for a period of 5 years. If the court or director finds that the person applying for the limited driving privileges has been convicted or has pending charges for offenses related to alcohol, controlled substances, or drugs, during the preceding 3 years (for 10 year denial petitioners) or preceding 2 years (for 5 year denial petitioners), then the limited driving privilege shall be denied. The person who petitions the court for a limited driving privilege must submit a criminal record review application with the Missouri State Highway Patrol. The petitioner shall submit 2 sets of fingerprints. One set of fingerprints will be used by the highway patrol to search the criminal history repository while the other set will sent to the FBI for searching the federal criminal history files. The person seeking a reinstatement of his or her license must pay all fees related to the criminal history check (Section 302.309). These provisions may be found in SB 893 (2012).
PASSENGER VEHICLES - This act repeals the provision prohibiting the operation of a motor vehicle that has a capacity of more than 5 passengers excluding the driver in intrastate commerce or more than 15 passengers including the driver in interstate commerce unless the vehicle is equipped and operated as required by specified federal regulations (Section 390.063 and Section 390.201). This provision is contained in HB 1808 (2012).
MUNICIPALLY OWNED VEHICLES - This act modifies the provision of law which exempts municipally owned vehicles from the state registration laws and the requirement that vehicles display plates. Under current law, municipal vehicles do not have to display a plate provided the vehicles display (in specific lettering) the name of the municipality, the department, and a distinguishing number. This act gives the municipality the option of having a plate on the vehicle in lieu of the lettering (Section 301.260). This provision may also be found in the truly agreed to version of HB 1807 (2012).
MISSOURI AUTO INSURANCE PLAN - This act amends Missouri Auto Insurance Plan (Missouri's automobile insurance residual market mechanism) law so that insurance companies that op-out from servicing their share of high risk drivers shall be assessed a fee based on the insurance company's market share. The act requires the plan to contract with an entity to accept and service policies for companies that do not elect to accept and service policies. By October 1 of each year, companies that elect to accept applicants for policies for the next calendar year must notify the plan. Companies that do not elect to service applicants and policies shall pay a fee to the plan for providing such services. The fee shall be based on the company's market share (section 303.200). This provision may also be found in the truly agreed to versions of SB 470 and SB 480 (2012).
BILLBOARDS - This act modifies the law with respect to billboard regulation.
Under the terms of the act, conforming out of standard signs shall be treated as conforming signs under commission administrative rules, including new display technologies, lighting, cutouts, and extensions, except that such signs shall not be substantially rebuilt except in accordance with the
provisions of the act. If allowed by applicable local regulations, new technologies, lighting, cutouts, and extensions may be utilized on conforming and conforming out of standard signs in accordance with department regulations.
A conforming out of standard sign may have 20% of its sign face, not to exceed 160 square feet of area, upgraded with digital technology for displaying text or numbers in accordance with current law and rules. A conforming out of standard sign may have more than 20% of its sign face upgraded to digital technology if it maintains a distance of at least 1400 feet from other digital technology display signs.
A conforming out of standard sign may be unstacked by closing the gap between the signs or by replacing the faces with one display area. The resulting sign face square footage shall not exceed the square footage of the original stacked structure. A conforming out of standard sign structure height may be lowered.
Under this act, on the date the Highways and Transportation Commission approves funding for any phase or portion of construction or reconstruction of any street or highway, the rules in effect for outdoor advertising on August 27, 1999, shall be reinstated for that section of highway scheduled for construction and there shall immediately be a moratorium imposed on the issuance of state sign permits for new sign structures.
Owners of existing signs which meet the requirements for outdoor advertising in effect on August 27, 1999, and the requirements of the federal/state agreement and who voluntarily execute a partial waiver and reset agreement may reset such signs on the same or adjoining property. Such reset agreements shall be contingent upon obtaining any required local approval to reset the sign structure. Any sign which has been reset must still comply with the August 27, 1999, outdoor advertising regulations after it has been reset.
Owners of existing signs who elect to reset qualifying signs shall receive compensation from the commission or in an accordance with a cost sharing agreement representing the actual cost to reset the existing sign. Signs which have been reset under the act must be reconstructed of the same type materials and may not exceed the square footage of the original sign structure.
Sign owners may elect to reset existing qualifying signs by executing partial waivers and reset agreements with the commission. The commission may consider the impact of a potential reset upon scenic, natural, historic, or other features in the surrounding area in its determination of whether to enter a reset agreement.
Upon the completion of construction on any section of highway, the moratorium on new permits shall be lifted and the rules for outdoor advertising in effect on the date the construction is completed shall apply to such section of highway.
Local zoning authorities may prohibit the resetting of qualifying signs which fail to comply with local regulations.
The act requires all signs to be subject to biennial inspection fees.
This billboard provisions are similar to the ones contained in SB 607 (2012), SB 120 (2011), HB 2097 (2010) SB 704 (2010), and SCS/SB 57 (2009) (Sections 226.500 and 226.541).
MINIMAL YELLOW LIGHT STANDARDS - This act requires the Department of Transportation to establish minimal yellow light change interval times for traffic-control devices. The minimal yellow light change interval time shall be established in accordance with nationally recognized engineering standards set forth in the Manual on Uniform Traffic Control Devices, and any such established time shall not be less than the recognized national standard. This portion of the act is identical to SB 212 (2011) (Section 304.289) (SA 7). This provision is also contained in the truly agreed to version of SB 611 (2012).
THIRD LICENSE PLATE - This act allows motorists to purchase an additional temporary license plate that matches an existing or newly issued plate to serve as a visible plate when a bicycle rack or other item obstructs the view of the actual plate. The act requires the temporary plate to be produced in a manner and of materials determined by the director to be the most cost effective means of production with a configuration that matches an existing or newly issued plate. The fee for the additional temporary license plate shall be the same charged for a temporary permit. The third plate may only be used on the vehicle with the matching plate, and the additional third plate must be clearly recognizable as a third plate and only used for such purposes. The act requires the temporary plate to be placed in the interior of the vehicle's rear window such that the drivers view out the rear window is not obstructed and the plate configuration is clearly visible from the outside of the vehicle. The act further provides that the temporary plate is only authorized for use when the matching actual plate is affixed to the vehicle (Section 301.140). This provision may also be found in the truly agreed to version of SB 470 (2012). The provision had its genesis in SB 843 (2012) (SA 8).
PERFECTION OF AUTO AND BOAT LIENS - Under the terms of this act, on a refinance by a different lender of a prior loan secured by a motor vehicle, outboard motor, watercraft etc., the lien is perfected by delivering notice of lien to Director of Revenue (Section 301.600 and 306.400) (SA 2). These provisions may also be found in the truly agreed to version of SB 635 (2012).
STEPHEN WITTE