SB 564 - This act modifies various provisions relating to the regulation of motor vehicles.MOTORCYCLE RIDER TRAINING COURSE WAIVER - Under this act, the successful completion of a military motorcycle rider training course that meets or exceeds the Motorcycle Safety Foundation curriculum standards by an applicant who is an active member of the U.S. armed forces, shall constitute an actual demonstration of the person's ability to exercise due care in the operation of a motorcycle or motortricycle, and no further driving test shall be required to obtain a motorcycle or motortricycle license or endorsement (Section 302.173).
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 is also contained in the perfected version of SB 443 (2012), SCS/HCS/HB 1402 (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). This provision is also contained in the perfected version of SB 443 (2012) and the truly agreed to version of HB 430 (2011) and in HCS/HB 818 (2011).
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. This provision is also contained in the perfected version of SB 443 (2012), SCS/HCS/HB 1402 (2012), and the truly agreed to version of HB 430 (2011), HCS/HB 818 (2011) and HB 820 (2011) (Section 302.768).
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.
EXEMPTION FROM MOTOR FUEL TAX FOR WATERCRAFT - This act authorizes an exemption for motor fuel used exclusively in any watercraft in this state from the motor fuel tax and the sales and use tax. The act specifically provides that no motor fuel tax can be imposed or levied on any motor fuel delivered to any marina or other retailer within this state who sells the fuel solely for use in any watercraft in this state (Section 142.815). This provision is similar to the one contained in HB 1310 (2012). The act also provides that all sales of motor fuel used in any watercraft is exempt from state and local sales tax (Section 144.030)(HA 1).
GROSS WEIGHT LIMITATION FOR CERTAIN VEHICLES - Under current law, the total gross weight of a vehicle or combination of vehicles hauling livestock on U. S. Highway 36 from St. Joseph to U. S. Highway 65 and on U. S. Highway 65 from the Iowa state line to U. S. Highway 36 cannot exceed 85,500 pounds. This act expands the gross weight limitation on U.S. Highway 36 from U.S. Highway 65 to U.S. Highway 63. The act further applies the gross weight limitation exception to U.S. Highway 63, from the Iowa state line to U.S. Highway 36.
The act further allows a vehicle weighing 85,500 pounds or less to haul milk from a farm to a processing facility on highways other than the interstate highway system.
This provision is similar to one contained in HB 1212 (2012)and HCS/SB 568 (2012) (Section 304.180)( HA 4).
TEMPORARY MOTORCYCLE INSTRUCTION PERMIT RENEWALS - This act allows holders of temporary motorcycle instruction permits to only renew such permits two additional times (for a total permit period of 18 months). The act also applies the same renewal restriction to temporary driver instruction permits. If a temporary driver instruction permit includes a motorcycle endorsement, then the temporary driver instruction permit with the motorcycle endorsement shall only be valid for 6 months (not 12 months as it is under current law) and may only be renewed two additional times (for a total of 18 months). The act also removes the motorcycle engine size restriction and the 50 mile operating restriction from the temporary motorcycle instruction permit. In addition, the act applies the two remaining restrictions (passenger restriction and night-time operation restriction) that currently only apply to permit holders under the age of 16 to all temporary motorcycle instruction permit holders, regardless of age (sections 302.120 and 302.132). These provisions are also contained in SB 673 (2012). The temporary motorcycle instruction permit provisions have an effective date of May 1, 2013 (HA 1).
CENTENNIAL BUSINESS DESIGNATIONS - This act requires the Department of Transportation to designate a sign at 1078 South Jefferson Street in the City of Lebanon recognizing the Independent Stave Company as a centennial business. The cost of erecting the sign and its maintenance are to be paid by private donations. This provision is similar to one contained in HB 1880 (2012)(Section 1)(HA 2). The act further requires the Department of Transportation to designate a sign at 111 West Broadway in Bolivar recognizing "Douglas, Haun, and Heidemann, P.C.." as a centennial business, with the costs of such designation to be paid by private donations (section 2)(HA 1 to HA 2).
MODIFICATION OF MACKS CREEK LAW - This act substantially modifies the law known as "Macks Creek Law". Under current law, if a city, town, or village receives more than 35% of
its total annual revenue from fines and court costs for traffic violations, all revenue from these violations in excess of 35% must be sent to the Director of the Department of Revenue to be distributed annually to the schools of the county. This act makes this law applicable to moving violations whether or not such violations are adjudicated finally as moving or nonmoving violations. In addition, the act makes the "Macks Creek" provision only applicable to cities, towns or villages with:
1) less than $2,000,000 in general revenue (excluding fines and court costs for cited moving violations); and
2) Fines and court costs from cited moving violations in excess of $70,000.
The act further requires the governing body of a city, town, or village to prepare and send to the department an annual report of the fines and court costs collected and the entity's general revenue for the year. If fines and court costs exceed the 35% limit, the entity must include with the annual report the payment of any excess revenues.
If a city, town, or village that meets the criteria set forth in the act fails to send the annual report or remit any excess revenue to the department of revenue, the city, town, or village shall be subject to a civil penalty of up to $1,000 (section 302.341). This provision is similar to the one contained in HB 1268 (2012)(HA 3).
STEPHEN WITTE