CCS/HCS/SCS/SB 930 & 947 - This act modifies several provisions of law relating to transportation and the regulation of motor vehicles.AIRCRAFT SALES TAX EXEMPTION - Under current law, purchases of materials, replacement parts and equipment purchased for use directly upon, and for the repair and maintenance or manufacture of aircraft engaged as common carriers of people and property are exempt from state and local sales tax. This act would expand the exemption to apply purchases of materials, replacement parts and equipment purchased for use directly upon, and for the modification, repair, replacement and maintenance of aircraft, aircraft power plants, and aircraft accessories from January 1, 2009, to January 1, 2015 (Section 144.030). This provision is contained in SCS/SB 1049 (2008).
AVIATION TRUST FUND CAP REMOVAL - This act increases the cap on the amount of jet fuels sales taxes that can be deposited into the State Aviation Trust Fund. Under current law, only $6 million generated from jet fuel sales taxes may deposited to the credit of the Aviation Trust Fund. This act increases the cap to $10 million (Section 144.805).
COMMERCIAL AIRCRAFT TAXATION - This act modifies the definition of "commercial aircraft" for aircraft taxation purposes. Under the act, the term "commercial aircraft" is now any aircraft fully equipped for flight and of more than 3,000 pounds maximum certified gross take-off weight. Under the current statute, the weight threshold is greater than 7,000 pounds (Section 155.010).
ELECTRONIC BIDDING - Under this act, the Highways and Transportation Commission is authorized to receive bids and bid bonds for any contract for construction, maintenance, repair, or improvement of any bridge or highway on the state highway system electronically via the Internet. At its discretion, the commission may elect to receive both electronic and paper bids, or the commission may specify electronic bidding exclusively for any proposed contract. The act establishes minimum criteria for the electronic bidding program (Section 227.102).
ANNUAL BID BOND - This act provides that the commission is authorized to accept an annual bid bond for its construction and maintenance projects. The commission shall prescribe the form and content of an annual bid bond. This portion of the act is similar to SB 761 & 774 (2008), HB 596 and SCS/SB 52 (2007)(Section 227.103).
SENATOR LARRY GENE TAYLOR MEMORIAL BRIDGE - This act designates the bridge on State Highway 39 at Table Rock Lake in the City of Shell Knob as the "State Senator Larry Gene Taylor Memorial Bridge."(Section 227.378). This provision is contained in HB 1646 (2008)(HA 1 TO HA 15).
JEFF MCBRIDE MEMORIAL HIGHWAY - This act designates a portion of Interstate 55 in Jefferson County as the “Jeff McBride Memorial Highway (Section 227.397).
POLICE OFFICER ROBERT STANZE MEMORIAL HIGHWAY - This act designates a portion of Interstate 44 within St. Louis County as the "Police Officer Robert Stanze Memorial Highway" (Section 227.400).
SPECIAL ROAD DISTRICT COMMISSIONERS - This act allows a 5th commissioner to be appointed in a special road district that is located in 2 counties with an additional 4th commissioner appointed by the county outside of the original district (Section 233.155)(HA 1 to HA 11).
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 238.202, 238.207 and 238.210). These provisions are contained in SCS/SB 1057 (2008)(HA 21).
UTILITY VEHICLES - This act provides a definition for the term "utility vehicle" and allows for their use on the highways under certain circumstances (Sections 301.010 and 304.032)(HA 8). Under the act, a utility vehicle is any motorized vehicle manufactured and used exclusively for off-highway use which is 63" or less in width, with an unladen dry weight of 1,850 pounds or less, traveling on 4 or 6 wheels, to be used primarily for landscaping , lawn care or maintenance purposes. A provision similar to this is contained in the perfected version of SB 761 & 774 (2008).
EXEMPTION FROM REISSUANCE REQUIREMENT - This act exempts permanent nonexpiring license plates that are issued to certain commercial motor vehicles and trailers from the new plate design and reissuance requirements that take effect on January 1, 2009 (Section 301.130).
LICENSE PLATES FOR PROPERTY-CARRYING COMMERCIAL MOTOR VEHICLES - Under this act, the option of receiving 2 license plates for any property-carrying commercial motor vehicle is repealed (Section 301.130.3).
LEFT-HAND LANE PROHIBITION - This act prohibits trucks registered for a gross weight greater than 48,000 pounds from being driven in the far left-hand lane upon interstates and other highways within the urbanized areas of the state having 3 or more lanes of traffic proceeding in the same direction. The restriction does not apply under certain circumstances (e.g. right hand lane is closed to due to construction)(Section 304.015).
FIRST CLASS COUNTY SPEED LIMITS - Under this act, first class county commissions are exempt from following certain procedural requirements (public hearings, publication in local newspapers, etc.) with regards to regulations that increase speed limits (Section 304.130)(HA 14).
IDLE REDUCTION TECHNOLOGY - This act provides that the maximum gross vehicle weight limit and axle weight limit for heavy-duty vehicles equipped with idle reduction technology may be increased (up to an additional 400 pounds) to account for the technology. This provision is contained in SB 841 (2008)(Section 304.180).
INCREASED WEIGHT LIMITS ON CERTAIN HIGHWAYS - Under this act, the total gross weight of any vehicle or combination of vehicles hauling livestock may be as much as, but shall not exceed, 85,500 pounds while operating 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 (section 304.180.9). This provision is contained in CCS/HCS/SB 841 (2008)(HA 3).
COMMERCIAL MOTOR VEHICLE INSPECTIONS - This act requires the state patrol to establish a program to approve local law enforcement officers with respect to enforcing commercial motor vehicle laws. The certification procedures approved 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 recover the costs of training and certification. The act grandfathers law enforcement officers who have received CVSA certification prior to January 1, 2009 (Section 304.232).
Beginning January 1, 2009, only law enforcement officers that have been approved by the Missouri State Highway Patrol under the act, members of the Missouri State Highway Patrol, or commercial vehicle enforcement officers shall have the authority to conduct random roadside examinations or inspections to determine compliance with the commercial motor vehicle weight and size limit laws (Sections 304.170 to 304.230), and only such officers shall have the authority, with or without probable cause to believe that the size or weight is in excess of that permitted by the law, to require the driver, operator, owner, lessee, or bailee, to stop, drive, or otherwise move to a location to determine compliance with the law. A law enforcement officer not certified under the act, however, may stop a vehicle that has a visible external safety defect that could cause immediate harm to the traveling public. In the course of a stop, the law enforcement officer shall identify to the driver the defect that caused the stop. If the vehicle passes the roadside inspection, the law enforcement officer, state highway patrolman, or other authorized person shall issue such vehicle a Commercial Vehicle Safety Alliance inspection decal to be affixed to the vehicle (Section 304.230 and 304.232). These provisions can be found in SB 761 and 774 (2008) and in SCS/SB 484 (2007).
The act also provides that commercial vehicle officers designated as peace officers by the highway patrol shall be vested with the authority to make arrests for commercial vehicle violations (Section 304.230). The act requires such officers to undergo basic training that other peace officers undertake. The act also provides that the superintendent of the highway patrol may appoint members of the patrol who have CVSA certification to conduct commercial vehicle inspections (Section 304.230).
TRAVEL SAFE ZONE - This act doubles the fine imposed for a moving or speeding violation when committed in a designated travel safe zone. A "travel safe zone" is defined as any area upon or around any highway, visibly marked by the Department of Transportation, where a highway safety analysis shows the number of fatal or disabling vehicle crashes exceeds a predicted safety performance level for comparable roadways as determined by the department. In order to assess the fines, the department must have erected signs around the travel safe zone which warn motorists that fines are doubled for speeding and committing other moving violations in the travel safe zone (Section 304.590).
AVIATION TRUST FUND EXPANSION - This act allows $2 million from the Aviation Trust Fund to be used for the study or promotion of expanded domestic or international scheduled commercial service, for the study or promotion of intrastate scheduled commercial service, or to assist airport sponsors participating in a federally funded air service program supporting intrastate scheduled commercial service. The act further requires that there must have been at least $6 million deposited in the fund in the previous calendar year before aviation trust funds can be utilized for these purposes (Section 305.230). This act also allows moneys in the Aviation Trust Fund to be used to assist communities to match federal air traffic control tower cost-share program grants. Under the act, up to $500,000 per year may be used on a ratio of 50% state/50% local to meet the non-federal match requirement. No more than $100,000 per year may be used for any individual air traffic control tower (Section 305.230).
IMPLEMENTATION OF 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 (Section 390.021). This provision is contained in SB 761 & 774 (2008), SCS/HB 1422 (2008), and SB 200 (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 SB 761 & 774 (2008) and SB 39 (2007).
PRIOR DWI AND INTOXICATION-RELATED OFFENSES - This act attempts to rectify a recent Supreme Court ruling which held that a defendant's prior guilty plea and suspended imposition of sentence in municipal court could not be used to enhance the punishment for the defendant's new intoxication-related traffic offense. This act specifies that a conviction, plea of guilty or a finding of guilty followed by incarceration, a fine, a suspended imposition of sentence, suspended execution of sentence, probation or parole or any combination thereof in any intoxication-related traffic offense in a state, county or municipal court shall be treated as a prior plea of guilty or finding of guilty for purposes of enhanced punishment under Section 577.023 (Section 577.023). A similar provision, but not identical, is contained in the truly agreed to version of HB 1715. The provision contained in HB 1715 contains an emergency clause while the provision contained in this bill does not.
MISSOURI VEHICLE PROTECTION PRODUCT ACT - This act establishes the Missouri Vehicle Protection Product Act. Under the act, a person would be prohibited from selling or offering for sale a vehicle protection product in Missouri unless the seller, warrantor, and any administrator complies 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, 2009. The failure of any person to comply with the Act before its effective date would not be admissible in any court proceeding, administrative proceeding, arbitration, or alternative dispute resolution proceeding and may not be used to prove that the action of any person or the vehicle protection product was unlawful or otherwise improper. The vehicle product protection provisions have an effective date of January 1, 2009. This act is substantially similar to SB 902 (2008) and SCS/SB 297 (2007) and SB 1058 (2006) (sections 385.400 to 385.436)(HA 5).
PEACE OFFICER CONTINUING EDUCATION - Under this act, peace officers who make traffic stops shall receive 3 hours of training within the continuing education 3 year reporting period. The director of the Department of Public Safety may waive continuing education requirements for licensees who have been activated for military duty (Section 590.050). This provision is contained in the perfected version of SB 761 (2008)(HA 6).
IGNITION INTERLOCK DEVICES - This act makes the current ignition interlock device law for repeat offenders an administrative requirement enforced by the Department of Revenue instead of the courts. Under the terms of the act, repeat offenders must provide proof of installation to the department in order to obtain a license or limited driving privilege.
Under the terms of this act, any person who has been convicted more than twice of a driving while intoxicated offense and had his or her license or driving privilege denied cannot have his or license reinstated until the person has filed proof with the Director of the Department of Revenue that his or her motor vehicle is equipped with an ignition interlock device. The ignition interlock device must be maintained on all motor vehicles operated by the person for a period of at least 6 months following the date of reinstatement. If the person fails to maintain the proof, the restricted driving privilege will be suspended for the remainder of the six-month period or until the person files proof with the director (Section 302.060).
The act applies the same criteria to persons who have had their license suspended or revoked due to points for a second or subsequent conviction relating to driving while in an intoxicated condition, driving under the influence of controlled substances or drugs or driving with a blood alcohol content of eight-hundredths of one percent or more by weight. Such persons must also file proof with the director that have equipped their motor vehicles with certified ignition interlock devices. Such devices shall be maintained on all vehicles for a period of at least 6 months following the date of reinstatement. If the person fails to maintain proof of maintaining an ignition interlock device, the person will be guilty of a Class A misdemeanor (Section 302.304). The act specifies that a limited driving privilege may be granted to a person seeking the services of a certified ignition interlock device provider. No limited driving privilege shall be issued under Section 302.309 until the applicant for such privilege files proof with the Director of Revenue that all of the motor vehicles operated by the applicant are equipped with certified ignition interlock devices. Failure to maintain proof of installation of a functioning, certified ignition interlock device shall result in termination of the limited driving privilege (Section 302.309). The provisions of the act relating to the installation of ignition interlock devices become effective July 1, 2009. The ignition interlock provisions are identical to the provisions contained in HB 1423 (2008).
SCHOOL BUS ENDORSEMENT FEES - This act waives school bus endorsement renewal fees for applicants 70 years of age or older (Section 302.177 and Section 302.735). This act waives the school bus endorsement examination fee for an applicant 70 years of age or older (Section 302.720).
THIRD-PARTY TESTERS - This act requires the Department of Revenue to certify certain municipalities as third-party testers for purposes of administering the commercial drivers licensing law (Section 302.720)(HA 10).
FAILURE TO PREPAY FINE OR APPEAR IN COURT - This act provides that when a motorist pays fines and court costs associated with a moving traffic violation, and any reinstatement fees, the director of revenue shall return the motorist's driver's license and remove the suspension from the motorist's driving record. This provision is applicable to situations where the motorist’s license has been suspended for failing to pay a moving violation ticket (Section 302.341).
STEPHEN WITTE