HCS/SS/SCS/SBs 239, 24 & 445 - This act modifies various provisions relating to transportation and the regulation of motor vehicles.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).
TAX CREDIT FOR IDLE REDUCTION TECHNOLOGY - This act creates an income tax credit equal to fifty percent of the amount a taxpayer paid to purchase and install idle reduction technology on a class 8 truck. The maximum amount of the tax credit is $3,500 per truck. The tax credit is nontransferable and nonrefundable, but may be carried forward up to 3 years until completely claimed. This provision may be found in SB 202 and HB 488 (2007)(section 135.670).
ALTERNATIVE FUEL VEHICLE FUEL PROPERTY TAX CREDIT - This act creates an income tax credit for the costs of constructing a qualified alternative fuel vehicle refueling property. The tax credit shall not exceed the lesser of twenty thousand dollars or twenty percent of the costs directly associated with the purchase and installation of any alternative fuel storage and dispensing equipment. The cumulative amount of credits which may be claimed shall not exceed $3,000,000 for taxable year 2008. For taxable year 2009, the cumulative amount of tax credits which may be claimed is reduced to $2,000,000, and for taxable year 2010, the amount is further reduced to $1,000,000. The tax credit is non-refundable, but may be carried forward for 2 subsequent tax years. The tax credit is fully transferable. The act contains a recapture provision for refueling properties which cease sales of alternative fuel. The provisions of the act creating the tax credit program will automatically expire 6 years from the effective date of the act if not re-authorized. This provision is contained in SB 40 (2007)(section 135.710).
SCHOOL BUS FUEL TAX EXEMPTION - Under this act, motor fuel sold to be used to operate school buses is exempt from the state motor fuel tax (Section 142.816).
MASS TRANSIT FUEL TAX EXEMPTION - Under this act, motor fuel sold to be used to operate public mass transportation service by a city transit authority, a city utilities board, or an interstate transportation authority is exempt from the state's motor fuel tax. A similar provision is contained in SCS/SB 501 (2007)(section 142.817).
QUALIFIED HYBRID VEHICLES TAX DEDUCTION - The act creates an income tax deduction for tax year 2008, for a taxpayer's purchase of qualified hybrid vehicles. The deduction will equal the lesser of one thousand five hundred dollars or ten percent of the purchase price of the vehicle. The tax deduction must be taken in the year in which the purchase is made (section 143.114). This provision is contained in SB 40 (2007).
E-85 GASOLINE TAX CREDIT - This act creates a tax credit for the purchase of E-85 gasoline. The tax credit will be equal to: 25¢ per gallon for 2008; 20¢ per gallon for 2009 and 2010; and 15¢ per gallon for 2011 and each subsequent year. The tax credit must be for at least $50, but may not exceed $500 per taxpayer per year. The aggregate amount of tax credits which may be redeemed by all taxpayers in any given year shall not exceed $500,000. The tax credit is non-refundable, but may be carried forward three years. These provisions will sunset six years from the effective date of the act unless re-authorized (section 143.218). This provision is contained in SB 40 (2007).
MOTOR CARRIER SALES TAX EXEMPTION - Under current law, an exemption from sales tax is permitted for motor vehicles licensed for a gross weight of 24,000 pounds or more or trailers used by common carriers solely in the transportation of persons or property in interstate commerce. This act broadens the sales tax exemption by removing the interstate commerce restriction. This portion of the act is similar to SB 30 (2007) and SB 696 (2006)(section 144.030).
TEXTBOOKS SALES TAX EXEMPTION - This act provides a sales tax exemption for textbooks purchased for use at a Missouri public or private university or college (section 144.030)(repeal of 144.517).
AUTOMOBILE MANUFACTURING - Under current law, a sales tax exemption exists for electrical energy used in the manufacturing of a product if the raw materials used in the processing contain at least 25% recovered materials. This act modifies this provision by creating a rebuttable presumption that the raw materials used in the manufacture of automobiles contain at least twenty-five percent recovered materials (section 144.030).
HIGHWAY CONSTRUCTION SALES TAX EXEMPTION - The act exempts contractors from paying sales taxes on materials used in Department of Transportation projects (Section 144.062). This provision is contained in SB 199 (2007).
MANDATORY DRIVER'S EDUCATION COURSES - This act provides that every school district shall make a driver's education course available to students who are 15 years of age or older (section 170.310).
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 act delineates the other requirements which must be satisfied to obtain a DWI memorial sign (section 227.295). The drunk driving memorial sign program is contained in SB 185 (2007).
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).
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).
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 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).
SELF-PROPELLED SPRAYERS - This act exempts self-propelled sprayers, floaters, and other forms of implements of husbandry 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).
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).
DISABLED PLATES AND PLACARDS - This act exempts any person 65 years of age or older from providing a physician's statement when renewing disabled license plates or placards (section 301.142). This section is contained in HB 796 (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).
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).
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).
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 SCS/SB 384 (Section 301.301). This provision of the act contains an emergency clause.
FIREFIGHTER LICENSE PLATE - This act restores a corrected provision dealing with volunteer firefighter and fire district firefighter special license plates that was erroneously omitted by the General Assembly in 2004 (section 301.444).
PURPLE HEART LICENSE PLATE - This act repeals the provision of law which charged an additional fee for additional sets of purple heart license plates (section 301.451).
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.
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 (Section 301.560.1(1)). 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" (Section 301.560.1(2)).
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 a property and casualty policy (Section 301.560.1(3)).
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 2 additional number plates (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).
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).
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 SB 358 and SB 335 (2007).
INSTRUCTION PERMIT FEE AND DRIVER'S LICENSE FEES- This act increases the instruction permit fee from $1 to $3 and deposits the additional $2 in the Driver's Education Fund (sections 302.140 and 302.145). The act also increases the fee on other driver’s license by $2 and deposits the additional fees into the Driver’s Education Fund (sections 302.177 and 302.178).
INTERMEDIATE DRIVER'S LICENSE - This act allows an intermediate driver's license holder to receive a full license 90 days prior to his or her 18th birthday provided certain conditions are met (no point violations or alcohol-related enforcement contacts for a 12 month period and completed a driver’s education course)(section 302.178).
MACKS CREEK REVENUE LIMITATION - Under this act, if any city receives more than 35% (down from 45%) of its annual general operating revenue from fines and court costs for state traffic violations, then all revenues exceeding that threshold are sent to the department of revenue to be distributed to the schools in the manner accorded by law. Political subdivisions that fail to timely submit the excess revenue may be subject to an audit by the state auditor (section 302.341).
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).
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. The act is similar to SB 24 (2007) and SB 584 (2006).
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).
EXPUNGEMENT OF RECORDS OF CDL HOLDERS - This act prohibits the expungement of a minor in possession 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).
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).
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).
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).
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. Interpreters for the deaf and hard of hearing are still allowed (section 302.720). This provision of the act is similar to one contained in SB 627.
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 (Section 303.415). This portion of the act is contained in SB 295 (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 (2007)(section 304.022).
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 conditions. 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 SB 347 and HB 397 (2007)(section 304.032).
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).
COMMERCIAL ZONES - This act extends the commercial zone surrounding the City of St. Louis 25 miles beyond its city limits. The current law extends the commercial zone 18 miles beyond the St. Louis city limits. The act further extends the commercial zone throughout St. Charles County. The act also establishes a commercial zone east of the city limits of Missouri City along state route 210 and northwest from the intersection of state route 210 and state route 10 to include the boundaries of Excelsior Springs. This provision is contained in SB 322 (2007). The act also imposes a 22,400 pound axle weight limit and a 15' height restriction on motor vehicles engaged in interstate commerce whose operations are limited exclusively to the commercial zone of a 1st class home rule city in a county with a population between 80,000 and 95,000 which has a portion of its corporate limits contiguous with the Kansas/Missouri border (section 304.190).
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 a conduct a random 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 (section 304.232). This provision is similar to the one contained in SCS/SB 484 (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 certain conditions. 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).
CELL PHONE USE BY YOUNGER DRIVERS - Under this act, temporary permit holders and intermediate driver's license holders are prohibited from operating a motor vehicle while using a cellular telephone. Exceptions are made for emergency purposes. A violation of this provision is an infraction punishable by a $40 fine for the 1st offense and $75 for a 2nd offense (section 304.810).
WATERCRAFT LAW - This act modifies the definition of "vessel" for purposes of Chapter 306 to exclude any watercraft having its only means of propulsion a single 12 volt batter (section 306.010).
DELINQUENT BOAT TITLE 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).
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).
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).
AUTOMOBILE INSURANCE - This act modifies the underinsured motorist provision by adding the terms "injury and destruction of property" (section 379.204). The act also provides that insurers may include coverage fro damage to an insured's vehicle within any underinsured motor vehicle coverage (section 379.206).
COMPARATIVE FAULT - The fact that one of the parties involved in a motor vehicle accident was operating a motorcycle shall not, in and of itself, be considered evidence of comparative negligence (section 537.055).
MOTOR VEHICLE EXTENDED SERVICE CONTRACTS AND OTHER SERVICE CONTRACTS - The act repeals the existing provisions relating to motor vehicle extended service contracts found in Chapter 407, RSMo, and transplants the provisions into Chapter 385, RSMo. With respect to motor vehicle extended service contracts, the act defines the term "fronting company" as a dealer that authorizes a third-party administrator or provider to use its name or business to evade or circumvent a sale, an offer for sale, or a solicitation of a sale of a service contract to a consumer. The act further prohibits an unlicensed motor vehicle or boat dealer from selling a motor vehicle service contract to a consumer and prohibits a dealer from acting as a fronting company (sections 385.200 to 285.220).
The act further creates similar provisions for service contracts, to wit, the act prohibits persons from issuing or selling service contracts without registering and paying applicable fees to the Department of Insurance; sets forth financial reserve requirements for service contract providers; and requires providers to furnish written statements to consumers outlining their obligations, conveying terms and restrictions. The act requires service contract providers to maintain accurate records of every transaction for a period of at least three years after the specified period of coverage has expired. Records must be made available to the department upon request (section 385.300 to 385.320). These provisions are similar to those contained in SB 197 (2007) and SS/SCS/SB 895, SB 991 and HB 1626 (2006).
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 act is substantially similar to SB 297 (2007) and SB 1058 (2006)(sections 385.400 to 385.436).
HOUSEHOLD GOOD MOVERS RATE REQUESTS - 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. The applications shall be made in such form as the commission determines (Section 387.075).
HOUSEHOLD GOOD MOVERS SUBJECT TO MoDOT OPERATING AUTHORITY - 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 SB 45 and SB 39 (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).
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 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. Under the act, the Commission may submit to the proper federal authorities, amend and carry out a state plan to qualify as a base-state and to participate in the UCR plan and administer the UCR Agreement. The Commission is authorized to administer the UCR registration of Missouri domiciled motor carriers, motor private carriers, brokers, freight forwarders, and leasing companies, and persons domiciled in non-participating states who have designated Missouri as their base-state under the UCR Act. The Commission is further authorized to receive, collect, process, deposit, transfer, distribute, and refund UCR registration fees. The Commission is also authorized to enter into agreements with any U.S. agencies. Under the act, every motor carrier, motor private carrier, broker, freight forwarder, and leasing company that has its principal place of business within Missouri, and every such person who has designated this state as the person's base-state under the provisions of the UCR Act, shall timely complete and file with the Commission all the forms required by the UCR agreement and the UCR implementing regulations, and shall pay the required UCR registration fees to the Commission.
The act specifically provides that implementing the UCR Act shall not be construed as exempting any motor carrier or any person controlled by a motor carrier, from any of the requirements of Chapter 622 or Chapter 390 (Section 390.021). 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 provision are contained in SB 200 (2007).
MOTOR VEHICLE RENTAL CHARGES - This act provides that additional charges (fuel surcharges, vehicle license fees, etc.) shall be clearly and conspicuously disclosed on the rental agreement. Any time a rental price is advertised, the maximum daily amount of each additional charge shall be quoted in addition to the daily rate (section 407.732).
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 (2007).
UNATTENDED CHILD IN A MOTOR VEHICLE - Under this act, a person commits the crime of leaving a child unattended in a motor vehicle in the 3rd degree if the person knowingly leaves a child 10 years of age or less unattended in a motor vehicle under conditions that present a risk to the child's health or safety, or when the engine is running, or when the keys are anywhere in the passenger compartment of the vehicle (section 568.052)
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).
MOTOR VEHICLE VIOLATIONS - This act also 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 307.195).
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).
STEPHEN WITTE