HS/HCS/SS/SS/SCS/SBs 970, 968, 921, 867, 868 & 738 - This act raises the general sales tax for transportation purposes and revises numerous statutes relating to transportation.

STATE HIGHWAY PATROL FUND - This act establishes a State Highway Patrol Fund in which one fourth of the additional one percent sales tax shall be deposited (Section 43.272).

FEE OFFICES - This act increases the fees collected by non- Department of Revenue offices for biennial licenses issued and for six year licenses. The fees for licenses renewed biennially are increased from $4.00 to $5.00 beginning August 28, 2003. Beginning July 1, 2003, licenses renewed annually are increased from $2.50 to $3.50 and biennial licenses are increased from $5.00 to $7.50. Beginning July 1, 2003, fees for six-year driver's licenses are increased from $4 to $5. This act would allow fee offices located within any city where the Department of Revenue maintains an office. Beginning July 1, 2003, this act requires all Department of Revenue branch offices to collect the same fees charged by fee offices. These fees shall be deposited in the "Department of Revenue Subaccount" to pay for the department's cost of collecting highway revenues. This provision is similar to one contained in SB 796 (2002)(Section 136.055).

TRANSPORTATION GENERAL SALES TAX - This act raises the general sales tax by three-fourths of one percent (HA 7). One-sixteenth of the sales tax will be deposited in the Highway Patrol Fund. Eighteen percent of the sales tax shall be deposited in state transportation fund. The remainder of the sales tax revenues will be deposited in the state road fund (Section 144.020 and 144.021).

MOTOR FUEL SALES TAX - This act removes the 2008 sunset on the 6- cent gas tax (Section 142.803). This act also increases the motor fuel tax by 3 cents (HA 7).

TEN MILE RULE - This act eliminates the requirement that road projects be bid in sections not to exceed 10 miles.(Section 227.100).

MINORITY BUSINESSES - This act requires persons submitting a request relating to a construction contract to submit a detailed disadvantaged business participation plan to the Highway Commission (Section 227.108).

DESIGN-BUILD PROJECT - The act also authorizes MoDOT to enter into one pilot design-build project (Section 227.107). The project must be selected from projects approved by the East-West Gateway Coordinating Council. The authority to enter into such projects shall expire on July 1, 2012, unless extended.

AVIATION FUEL TAX - This act removes the cap on the amount of aviation jet tax revenues which may be deposited in the Aviation Trust Fund. Current law only permits $5 million of the aviation jet fuel tax revenues to be placed in the fund. This act also extends the sunset on the aviation jet fuel tax section to December 31, 2008 (Section 144.805). Under current law, the commission may match state funds at a 80% level and locals at a 20% level. This is changed to a 90/10 formula (Section 305.230). This act also modifies the language regarding the deposit of unclaimed aviation fuel refunds. The current law states that "If any person fails to apply for a refund as provided in Chapter 142, RSMo, he makes a gift of his refund to the Aviation Trust Fund." The new language simply states that the refund amount will be deposited in such fund (Section 155.080).

MAKEUP OF THE COMMISSION - This act modifies the makeup and selection of the transportation commission. This act requires that members of the State Transportation Commission be appointed by the Governor from among candidates supplied by the House and Senate leadership of each political party. Every two years the Governor will appoint one candidate from each party. Candidates must be appointed by July 1 in even-numbered years. When a vacancy on the Commission occurs, the House and Senate leadership of the political party of the vacating member must submit three candidates for selection within 30 days. The Governor has 15 days to appoint the new member. The new member will serve only the remainder of the unexpired six-year term of the vacating member. All references to the Highway Commission or the Highways and Transportation Commission and the Department of Highways in the statutes will mean the Transportation Commission and the Department of Transportation. This portion of the act is similar to HB 1894 and SB 1200 (2002)(Section 226.030).

HIGHWAY BONDS - This act allows the General Assembly to authorize the commission to issue bonds from fiscal year 2007 to fiscal year 2022. The bonds shall be no less than $150 million nor more than $250 million per fiscal year. The General Assembly must approve the issuance of such bonds in a similar manner already in statute.

HIGHWAYS AND TRANSPORTATION DEPARTMENT FUND - This act revises the current cap on what nonhighway agencies may receive from the State Highways and Transportation Department Fund.

HAZARDOUS WASTE IN TUNNELS - This act prohibits persons from transporting hazardous materials through highway tunnels. This act also prohibits parking vehicles containing hazardous materials within 300 feet of a highway tunnel unless allowed by federal regulations. Violation of this act is a Class B misdemeanor for the first offense, and a Class A misdemeanor for a second or subsequent offense (Section 304.370).

COMMERCIAL DRIVER'S LICENSE - This act requires applicants for commercial driver's licenses to comply with the requirements of the U.S. Patriot Act of 2001 (Section 302.720).

BRIDGES - This act authorizes the General Assembly to appropriate up to $1 million annually from General Revenues to upgrade nonstate highway system bridges. The Department of Transportation shall administer the project. MoDOT shall utilize one of the innovation centers authorized by Section 348.271, RSMo, as the contracting organization for the project. Moneys from the fund shall be used for the analysis and reinforcement of existing nonstate highway bridges that require strengthening to eliminate load posting. Bridges which are currently under the responsibility for repair or maintenance by MoDOT shall not be eligible for the project. The project shall utilize the Center for Infrastructure Engineering Studies at the University of Missouri - Rolla for the selection of bridges that can be strengthened by the use of technology that has been developed there. The center shall also create and lead an industry consortium to perform the structural analysis and technology application required for the strengthening of the selected bridges. The University of Missouri - Rolla shall match every $2 appropriated with $1 from its research funds (Section 234.032).

LICENSE PLATE DESIGN COMMITTEE - This act revives the advisory committee for the department of revenue to study license plate design (Section 301.129).

ABANDONED PROPERTY - This act provides that for any vehicle towed from an accident scene at the request of law enforcement which is not retrieved by the owner within 5 days, the agency requesting the tow shall write an abandoned property report (Section 304.001).

BILLBOARD PROVISIONS - This act updates requirements of federal law to include primaries as of June 1, 1991. This act specifically allows Tri-vision, projection and changeable message signs to be subject to MoDOT regulations. This act allows cutouts and extensions on nonconforming signs. This act makes existing stacked signs legal nonconforming. When stacked signs were prohibited in 1999, the statute provided that existing signs were not conforming which meant they could be rebuilt. By making existing signs legal nonconforming, the signs could be phased out over time as they need replacing. This act adopts a minimum of 1,400 feet (up from 500 feet) spacing between signs on all primary and interstate highways. This act modifies the definition of "unzoned commercial and industrial land" by expanding the commercial activity area from 600 feet to 750 feet on either side of a qualifying business. This act eliminates the opposite side of the road as part of the unzoned commercial areas on primaries and interstates.

The act requires business to have the presence of an owner or employee on the premises for at least 20 hours per week to be considered a valid business when determining whether a property is commercial or industrial. This act increases original permit fee to erect a billboard from $28.50 to $200. This act increases biennial inspection fees to $50 on August 28, 2002, $75 on August 28, 2003, and $100 on August 28, 2004. This act allows for the non-compensated removal of billboards for failing to pay fees over 12 months. This act increases the amount of time to cure a billboard violation from 30 to 60 days. This act requires actual notice of a violation before removal of a sign. This act requires vegetation permits to be issued according to current MoDOT rules and regulations and allows certain utility companies to remove and trim vegetation without a permit.

JUNKYARD LAW - This act adds a provision regarding violations of the junkyard law. The act provides for notice to junkyard owners regarding violations of the law and allows such owners to seek administrative review. The act allows the commission to abate the junkyard at the cost of the owner if the owner fails to take remedial action (Section 226.730).

SEGWAYS - This act allows electric personal assistive mobility devices (EPAMD) to be operated on streets, highways, sidewalks and bicycle paths and grants operators the rights and duties applicable to pedestrians. Persons under 16 years of age shall not operate an EPAMD, except for an operator with a mobility- related disability. EPAMDs may only be operated on roadways with a speed limit of 45 mph or less. Such devices, however, may be used to cross roadways with higher speed limits. EPMADs shall equipped with lamps and red reflectors when operated during the period from one-half hour after sunset to one-half hour before sunrise. Operators of such devices shall ride the device as near to the right side of the roadway. Any person 17 years of age who violates this act shall be guilty of an infraction with a maximum fine of $25. If a person under the age of 17 years of age violates this act, the police officer may impound the device for a period not to exceed five days. A city or town may impose additional regulations on such devices. These provisions are similar to SCS/SB 721, SB 1098, SCS/HB 1270 et al and HB 1746 (2002)(Sections 307.205 - 307.211).

USE OF STATE VEHICLES - This act creates the position of state vehicle fleet manager within the Office of Administration. The vehicle fleet manager will institute and supervise a state fleet vehicle tracking system in which the cost of owing and operating state vehicles will be documented by state agencies. State agencies shall report the purchase and sale of vehicles to the fleet manager as well as provide additional information. The Office of Administration shall establish guidelines for determining the most cost-effective and reasonable mode of travel. State agencies shall pay a state vehicle fleet fee for each vehicle that it owns for the purpose of funding the state fleet vehicle tracking system. Under this act, certain proceeds generated by the sale of agency surplus vehicles may be deposited in the state treasury to the credit of the Office of Administration revolving trust fund. These moneys shall only be used for the purchase of agency vehicles. This act requires all state agencies to be responsible for obtaining vehicle inspections for their motor vehicles (HA 8).

REMOVAL OF MOTOR VEHICLES - This act allows owners of single-unit residential property to remove abandoned vehicles without authorization from law enforcement if the owner at least notifies the appropriate law enforcement agency (Section 304.157)(HA 19).

REFERENDUM - The provisions of this act are submitted to the voters by referendum in an election to be held in November 2002. If approved, the additional sales tax measure and gas tax measure (see amendment to make sure included) must be submitted to the voters in 2022 for re-approval and every 10 years thereafter.
STEPHEN WITTE

HA 1 - REMOVES LANGUAGE REGARDING PORTLAND CEMENT

HA 2 - MODIFIES LANGUAGE REGARDING SEGWAYS

HA 3 - EXCESS TRAFFIC VIOLATION REVENUES - THIS AMENDMENT REQUIRES CITIES, TOWNS AND VILLAGES WHICH FAIL TO SEND EXCESS REVENUES COLLECTED FROM TRAFFIC VIOLATIONS TO SUBMIT TO AN ANNUAL AUDIT BY THE STATE AUDITOR.

HA 5 - MODIFIES LANGUAGE REGARDING ABANDONED PROPERTY REMOVAL

HA 7 - LOWERS SALES TAX TO 3/4 CENT AND INCREASES FUEL TAX BY 3 CENTS.

HA 9 - STATIONARY VEHICLES - THIS ACT REQUIRES MOTORISTS TO TAKE CERTAIN ACTIONS WHEN APPROACHING VEHICLES STOPPED ON THE SHOULDER OF THE HIGHWAY (Section 304.153).

HA 10 - LAMBERT AIRPORT - UNDER THIS AMENDMENT, THE MISSOURI-ST. LOUIS METROPOLITAN AIRPORT AUTHORITY IS GIVEN THE RESPONSIBILITY FOR OPERATION OF THE LAMBERT-ST. LOUIS INTERNATIONAL AIRPORT BEGINNING ON JANUARY 1, 2005. THE EXISTING AIRPORT AUTHORITY MEMBERS' TERMS WILL HAVE EXPIRED BY THE TIME THE AUTHORITY ASSUMES RESPONSIBILITY FOR OPERATION OF THE AIRPORT IN 2005. THE CITY OF ST. LOUIS SHALL CONTINUE TO OWN THE AIRPORT. THE MEMBERS OF THE AUTHORITY SHALL REPRESENT ST. LOUIS CITY AND ST. LOUIS, JEFFERSON, FRANKLIN AND ST. CHARLES COUNTIES ON THE BASIS OF POPULATION, ONE MEMBER FOR EACH 130,000 RESIDENTS. THE AUTHORITY SHALL HONOR ALL BONDS, DEBTS AND EMPLOYEE PENSION PLANS OF THE FORMER AIRPORT AUTHORITY. THIS ACT ALSO STATES THAT THE CITY OF ST. LOUIS MAY CONTINUE TAXING BUSINESSES CONDUCTING ACTIVITIES WITHIN ITS AIRPORT. THIS ACT REQUIRES THE AUTHORITY AND THE CITY OF ST. LOUIS TO ENTER INTO NEGOTIATIONS REGARDING CERTAIN EMPLOYEE ISSUED BEGINNING APRIL 1, 2005 (Sections 92.045, 305.510, 305.515).

HA 12 - MODIFIES LANGUAGE OF TEN-MILE RULE PROVISION BY REQUIRING ARBITRATION.

HA 13 - ALL AIRCRAFT OWNED AND OPERATED BY THE STATE SHALL BE UNDER THE SUPERVISION OF THE STATE VEHICLE FLEET MANAGER.

HA 15 - THIS AMENDMENT PROHIBITS MoDOT FROM USING A WRECKER, TOW TRUCK OR ROLL-BACK WHEN REMOVING PROPERTY FROM ANY ROADWAY.

HA 16 - THIS ACT REQUIRES THE TRANSPORTATION COMMISSION TO APPROVE AND IMPLEMENT A MINORITY AND WOMEN EMPLOYMENT BUSINESS ENTERPRISE PROGRAM.

HA 17 - THIRD-PARTY TESTERS - INCREASES THE EXAMINATION FEE FOR COMMERCIAL DRIVER LICENSES FROM $5 to $25, AS WELL AS THE RENEWAL FEE. THE AMENDMENT ALSO CREATES A "COMMERCIAL DRIVER LICENSE EXAMINATION FUND" AND A "THIRD-PARTY COMMERCIAL DRIVER LICENSE EXAMINATION PROGRAM" TO CERTIFY THIRD-PARTY COMMERCIAL DRIVER LICENSE EXAMINATION PROGRAMS. THE EXAMINATION PROGRAM SHALL REQUIRE A REEXAMINATION OF AT LEAST 10% OF THOSE DRIVERS WHO HAVE PASSED A SKILLS TEST ADMINISTERED BY A THIRD-PARTY TESTER. THIS AMENDMENT ALSO DELETES THE ABILITY OF THE DIRECTOR TO WAIVE THE DRIVING TEST FOR A COMMERCIAL DRIVER'S LICENSE (Sections 302.270 and 302.271).

HA 18 - REGIONAL TAXICAB COMMISSION - CREATES A REGIONAL TAXICAB COMMISSION FOR ST. LOUIS CITY AND COUNTY. THE MEMBERS OF THE COMMISSION SHALL INCLUDE REPRESENTATIVES OF THE TAXICAB INDUSTRY AS WELL AS APPOINTEES OF THE MAYOR OF ST. LOUIS AND THE ST. LOUIS COUNTY EXECUTIVE. THE COMMISSION IS RESPONSIBLE FOR CREATING AND IMPLEMENTING A TAXICAB CODE THAT SHALL SUPERSEDE ALL CITY AND COUNTY ORDINANCES RELATED TO THE LICENSING OF TAXICABS. THE ACT FURTHER LISTS THE POWERS OF THE COMMISSION TO CARRY BUT THE PROVISIONS OF THE TAXICAB CODE. THIS AMENDMENT IS SIMILAR to HB 1868 AND SB 1108 (2002)(sections 67.1800 to 67.1822).

HA 19 - MODIFIES LANGUAGE REGARDING ABANDONED PROPERTY.

HSA 1 FOR HA 20 - PHASES OUT APPROPRIATIONS TO NONHIGHWAY AGENCIES OVER A PERIOD OF TIME. THIS AMENDMENT REDUCES APPROPRIATIONS FROM THIS FUND BY 20% YEAR BEGINNING FISCAL YEAR 2004 UNTIL THEY NO LONGER RECEIVE MONEYS FROM THIS FUND. APPROPRIATIONS TO SUCH AGENCIES SHALL BE REPLACED BY GENERAL REVENUES (Section 226.200). THIS PROVISION IS SIMILAR IN NATURE TO ONE CONTAINED IN HB 1196 and SCS/SB 915 et al (2002).

HA 21 - MODIFIES BONDING LANGUAGE.

Ha 22 - THIS AMENDMENT CREATES THE AIRPORT PROTECTION ACT, SIMILAR TO HB 1207.

HA 24 - THIS ACT AUTHORIZES THE FILING OF A PETITION BY RESIDENTS WITHIN A ROAD DISTRICT IN JASPER COUNTY SEEKING THE DISSOLUTION OF THE ROAD DISTRICT. IF SIGNED BY A MAJORITY OF THE RESIDENTS WITHIN THE DISTRICT, THE COUNTY COMMISSION SHALL HAVE THE AUTHORITY, IF DISSOLUTION IS FELT TO ADVANCE THE PUBLIC GOOD, TO DISSOLVE THE ROAD. THE ACT PROVIDES THAT NOTICE OF THE PROPOSED DISSOLUTION MUST BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY. IF THE PETITION IS SIGNED BY AT LEAST 50 REGISTERED VOTERS WITHIN THE DISTRICT, THEN THE PETITION IS SUBMITTED TO THE VOTERS FOR THEIR APPROVAL. IF APPROVED BY A MAJORITY OF THE VOTERS WITHIN THE DISTRICT, THEN THE DISTRICT SHALL BE DISSOLVED. ALL ASSETS AND EQUIPMENT OF THE ROAD DISTRICT SHALL REVERT TO THE COUNTY AND ANY TAXES LEVIED FOR THE DISTRICT SHALL NO LONGER BE ASSESSED. THIS PROVISION IS SIMILAR TO ONE CONTAINED IN SB 1232 (2002).

HA 25 - AMENDS HB 1403 REGARDING RETAINAGE IN PRIVATE BUILDING CONTRACTS.

HA 26 - REQUIRES VEGETATION PERMITS TO BE ISSUED UNLESS GOOD CAUSE DOES NOT EXIST.

HA 27 - THIS ACT PROVIDES THAT 10% OF THE ACTUAL NET GENERAL REVENUE RECEIPTS WHICH EXCEED THE ACTUAL NET GENERAL REVENUE RECEIPTS RECEIVED IN THE MOST RECENT FISCAL YEAR IN WHICH ACTUAL NET RECEIPTS ARE KNOWN, SHALL BE USED TO FUND THE COSTS OF STATE AGENCIES WHICH NO LONGER RECEIVE APPROPRIATIONS FROM THE STATE HIGHWAYS AND TRANSPORTATION DEPARTMENT FUND (Section 226.201).

HA 28 - MODIFIES LANGUAGE REGARDING COMMISSION MAKEUP.