- House Committee Substitute -

HCS/SS/SS/SCS/SBs 970, 968, 921, 867, 868 & 738 - This act establishes a State Highway Patrol Fund in which one fourth of the additional one percent sales tax shall be deposited.

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, 2002. 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).

This act raises the general sales tax by one percent. One-fourth of the sales tax will be deposited in the Highway Patrol Fund. $20,000,000 of the sales tax will be deposited in the State Transportation Fund. The remainder of the sales tax revenues will be deposited in the state road fund (Section 144.020).

This act removes the 2008 sunset on the 6-cent gas tax (Section 142.803).

This act eliminates the requirement that road projects be bid in sections not to exceed 10 miles and requires all contracts for concrete-surfaced state highways to be let in accordance with the lowest bid price upon the acceptance of alternative bids submitted pursuant to plans and specifications for alternate construction by portland cement concrete and asphaltic concrete of comparable design (Section 227.100). This act contains several provisions which require the use of portland cement concrete and asphaltic concrete (Sections 227.040, 227.050, and 227.060).

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).

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.

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).

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).

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 (Section 226.137).

This act revises the current cap on what nonhighway agencies may receive from the State Highways and Transportation Department Fund. For fiscal year 2003, the current cap will remain unchanged. For fiscal year 2004, and all fiscal years thereafter, a flexible cap is created. The cap is adjusted by comparing the percentage increase or decrease between the amount of revenues transferred to the fund in the second and third preceding fiscal year. If there is a percentage increase, the cap shall be adjusted accordingly. If there is a percentage decrease, the cap shall remain the same as the preceding fiscal year. If a funding package is approved, then the cap is adjusted by comparing the amount of revenues transferred to the fund in fiscal year 2004 to the amount transferred in fiscal year 2003. If the amount of transfers increased, the cap is adjusted accordingly. If the amount decreased, the cap shall remain the same. If the amount of expenditures exceeds the limits, the Office of Administration is authorized to transfer that amount from General Revenue to the state road fund (Section 226.200). This provision is similar in nature to one contained in HB 1196 and SCS/SB 915 et al (2002).

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).

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).

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).

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

This act modifies the definition of abandoned property to include any motor vehicle involved in an accident whereby the law enforcement official requests such vehicle to be removed from the scene because the operator or owner is unable to arrange for the abandoned property's timely removal (Section 304.001).

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.

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.

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. These provisions are similar to SCS/SB 721, SB 1098, SCS/HB 1270 et al and HB 1746 (2002).

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 must be submitted to the voters in 2012 for re-approval.

STEPHEN WITTE