Missouri Senate

House Committee Substitute

BI-STATE FARE EVASION - This act requires persons convicted of failing to pay a fare for the use of Bi-State Development Agency facilities and conveyances to reimburse the reasonable costs attributable to the enforcement, investigation and prosecution of such offense to the agency.

This provision may also be found in SB 508 (2012), SB 347 (2011) and the truly agreed to version of HB 430 (2011) (Section 77.041).

FEE OFFICE FEES - This act increases the fee office fee for administering or processing an application or transfer of title from $2.50 to $5 (Section 136.055).

SALES TAX EXEMPTION FOR CERTAIN VEHICLES - The act repeals a sales tax exemption currently granted for the purchase of materials, replacement parts and equipment used on motor vehicles engaged as common carriers (Section 144.030.1(3)).

This act provides a sales tax exemption for motor vehicles registered in excess of 54,000 pounds, and the trailers pulled by such motor vehicles, that are actually used in the normal course of business to haul property on the public highways of the state, and that are capable of hauling loads commensurate with the motor vehicle's registered weight. The sales tax exemption also extends to the materials, replacement parts, and equipment purchased for use directly upon, and for the repair and maintenance or manufacture of such vehicles (Section 144.030.1(4)).

PURPLE HEART TRAIL - The act designates the portion of Interstate 70 in the state of Missouri as the "Purple Heart Trail." This provision is also contained in HB 1906 (2012)(Section 227.513).

HAULING OF RADIOACTIVE WASTE - This act exempts all highway route controlled quantity shipments of radioactive materials from the fees for transporting radioactive waste. The act further provides that carriers transporting highway route controlled quantities of radioactive material that have been subject to federal inspection, and have passed federal inspection, shall not be subject to additional inspections. The act allows the highway patrol to establish procedures and fees to provide for the reimbursement of escort services. The fees may include an annual payment not exceeding $2,000, and per-trip fee of $500. Fees shall be deposited into the environmental radiation monitoring fund (Section 260.392).

RECREATIONAL OFF-HIGHWAY VEHICLE DEFINITION - This act modifies definition of recreational off-highway vehicle as found in Section 301.010. The act modifies the definition by increasing the width and weight limit of the vehicle. The width of a recreational off-highway vehicle is increased from 60 inches to 64 inches and the unladen dry weight of the vehicle is increased from 1,850 pounds to 2000 pounds. The act further modifies the definition by deleting the reference that the vehicle must have a nonstraddle seat and a steering wheel (Section 301.010). This provision is similar to one contained in SCS/SB 714 (2012).

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, 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, 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 (see Section C).

OUTBOARD MOTOR TITLES - Under the terms of this act, a certificate of title for a new outboard motor shall designate the year the dealer received the new outboard motor from the manufacturer as the "Model Year-NEW" and the "Year Manufactured" shall reflect such date as purchased from manufacturer by the dealer. The act further provides that any new outboard motor purchased by a dealer from the manufacturer on or after July first of any year shall be labeled with the "Year Manufactured" of the immediately following calendar year unless the manufacturer indicates a specific model or program year (Section 306.532). This provision is similar to the one contained in HB 1759 (2012).

COMMON CARRIER DEFINITION - The act modifies the definition of the term "common carrier" by removing the qualification that it must hold itself out to the general public to engage in the transportation of passengers or property (Section 390.020).

COMMUNITY SERVICE - Current Missouri law (Section 577.023) allows prior and persistent offenders to participate in and successfully complete a DWI court in lieu of jail time or community service. A prior or persistent offender may escape the statutory minimum days of imprisonment by performing community service or successfully completing a DWI court program. Federal law, however, does not authorize DWI courts as an alternative to mandatory jail or community service. Under the terms of this act, prior and persistent offenders may avoid the minimum days of imprisonment by performing community service and completing a DWI court program, if such program is available. The DWI court program or other treatment program must include the minimal periods of community service.

IGNITION INTERLOCK AND DRUNK DRIVING - The act provides that any person whose license is suspended due to a first conviction of driving while intoxicated or driving with blood alcohol content of .08 or more will not have his or her driver's license suspended if he or she agrees to equip his or her vehicle with an ignition interlock device, but instead will have a 90-day period of restricted driving privilege.

The act increases the period of maintaining an ignition interlock on a vehicle after reinstatement from 6 months to one year.

The act requires that any person who has a driver's license suspended for the refusal upon the request of law enforcement to submit to a test for blood alcohol content to have an ignition interlock device installed on all motor vehicles operated by the person for a period of not less than one year. The court must require any person who is found guilty or pleads guilty to an intoxication-related traffic offense to not operate any motor vehicle unless equipped with ignition interlock device for a period of not less than 90 days if convicted of a first intoxication-related traffic offense, not less than one year if convicted of a second, not less than five years if convicted of a third or fourth, and for the duration of the person's life if convicted of a fifth. A person convicted of his or her fifth intoxication-related traffic offense is eligible to have his or her restriction reviewed by the department after operating a motor vehicle equipped with an ignition interlock device in full compliance for five years.

The act requires that any ignition interlock device required by these provisions to have photo identification technology and global positioning system features. The act requires the Department of Revenue to issue a special driver's license to any person required to use an ignition interlock device that signifies that the driver must not operate a vehicle that does not contain a device. Costs associated with issuing the special license or reissuing the person's regular driver's license, upon completion of the restricted driving period, are to be paid by the individual, but are not to exceed $50. Any person required to have this special license must have it for the duration of the restricted driving period and until the person maintains a period of 90 days without the ignition interlock device registering a level of alcohol above the level set by the department and without any reports of tampering or circumventing the device. If a violation occurs, the restricted driving period must be extended for an additional 90 days.

These provisions are contained in HB 2063 (2012)(sections 302.304, 577.041, 577.600 and 577.606).

STEPHEN WITTE