Pre-filed December 8, 1995, and 1,000 copies ordered printed.

Read 2nd time January 4, 1996, and referred to the Committee on Civil and Criminal Jurisprudence.

Reported from the Committee January 8, 1996, with recommendation that the bill do pass.

Taken up for Perfection January 15, 1996. Bill declared Perfected and Ordered Printed, as amended.

TERRY L. SPIELER, Secretary.

S2492.01P

To repeal section 544.665, RSMo 1994 and sections 304.009 and 304.010, RSMo Supp. 1995, relating to the operation of motor vehicles and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions and an emergency clause.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A. Section 544.665, RSMo 1994 and sections 304.009 and 304.010, RSMo Supp. 1995, are repealed and three new sections enacted in lieu thereof to be known as sections 304.009, 304.010 and 544.665, to read as follows:

304.009. 1. The uniform maximum speed limit upon the roads and highways of this state which are not part of the interstate system of highways outside urbanized areas of fifty thousand population or more shall be fifty-five miles per hour. The uniform maximum speed limit upon all highways of this state which are part of the interstate system of highways outside urbanized areas of fifty thousand population or more shall be sixty-five miles per hour for vehicles other than trucks registered for a gross weight of more than twenty-four thousand pounds. The uniform maximum speed limit upon all highways of this state which are part of the interstate system of highways outside urbanized areas of fifty thousand population or more shall be sixty miles per hour for all trucks registered for a gross weight of more than twenty-four thousand pounds.

2. The provisions of this section shall not be construed so as to alter any speed limit set below fifty-five miles per hour by state statute, or ordinance of any political subdivision of the state. Violations of the speed limit set by this section shall not accumulate points until and unless such speed exceeds those maximums set by other state statute, or by ordinance of any political subdivision of the state. The provisions of this section shall in no way be construed to repeal such maximum speed limits set by other state statutes, or ordinances of any political subdivision of this state.

3. The uniform maximum speed set in the manner provided in this section shall not apply to the operation of any emergency vehicle as defined in section 304.022.

4. Except as provided in subsection 8 of section 304.010, any person violating the provisions of this section is guilty of [an infraction] a misdemeanor and, upon conviction thereof, shall be punished as provided in section 304.570.

5. This section shall expire thirty days after the repeal or expiration of 23 U.S.C. Sec. 154, or ten days after the provisions mandating the fifty-five mile per hour speed limit are rendered inoperative for any reason.

304.010. 1. Every person operating a motor vehicle on the highways of this state shall drive the vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care.

2. Except as otherwise provided by law, no truck registered for a gross weight of more than twenty-four thousand pounds shall be operated at any time in excess of sixty miles per hour, and no other vehicle shall be operated in excess of:

(1) Seventy miles per hour on any divided highway designated and marked as a federal route or any state-maintained highway designated as suitable for and marked by the state highways and transportation commission with appropriate speed limit signs, or, when lighted lamps are not required by law, on any other highway designated and marked as a federal route;

(2) Sixty-five miles per hour on any other road or highway in the state when lighted lamps are not required by law;

(3) Sixty-five miles per hour on any undivided highway designated and marked as a federal route or any state-maintained highway designated as suitable for and marked by the state highways and transportation commission with appropriate speed limit signs when lighted lamps are required by law;

(4) Sixty miles per hour on any other road or highway in the state when lighted lamps are required by law. As used in this subsection the word "truck" means any vehicle, machine, tractor, trailer or semitrailer, or any combination thereof, propelled or drawn by mechanical power and designed for or used in the transportation of property upon the highways.

3. On state highways in any city, town or village where the speed limit is not set by local authority, the state highways and transportation commission may set a speed limit lower than fifty-five miles per hour when conditions of the road or nature of the area require a slower speed. After May 1, 1987, and notwithstanding section 304.120 or any other provision of law, cities, towns or villages may regulate the speed of vehicles on state highways within their corporate limits by ordinance with the approval of the state highways and transportation commission. Any reduction of speed in cities, towns, or villages shall be designed to expedite the flow of traffic thereon to the extent consistent with public safety.

4. (1) Except as hereinafter provided, on any divided highway designated as part of the federal interstate system, no vehicle shall be operated at a speed of less than forty miles per hour, except when a slower speed is required for safe operation of the vehicle because of weather or other special conditions.

(2) Agricultural implements, self-propelled hay-hauling equipment, implements of husbandry and vehicles transporting such vehicles or equipment may be operated occasionally on interstate highways for short distances at a speed of less than forty miles per hour if such vehicle or equipment is operated under a special permit issued by the chief engineer of the state department of highways and transportation pursuant to section 304.200 and the regulations established pursuant thereto.

5. The county commission of any county of the second, third or fourth class may set a speed limit and the weight limit on bridges on any county, township, or road district road in the county and, with the approval of the state highways and transportation commission, on any state highway not within the limits of any incorporated city, town or village, lower than that otherwise provided in this section where the condition of the road or nature of the area requires a lower speed. The commission shall cause copies of any order establishing a speed limit and the weight limit on bridges on a county, township, or road district road in the county to be sent to the chief engineer of the state department of highways and transportation, the superintendent of the state highway patrol and to any township or road district maintaining roads in the county. All road signs indicating speed limits and the weight limits shall be uniform in size, shape, lettering, and coloring and shall conform to standards established by the department of highways and transportation. After the roads have been properly marked by signs indicating the speed limits and the weight limits set by the county commission, the speed limits and the weight limits shall be effective as those provided in this section and shall be enforced by the state highway patrol and the county sheriff as if such speed limits and weight limits were established by law.

6. The limits on speeds set by this section do not apply to the operation of any emergency vehicle as defined in section 304.022. Nothing in subsections 2 and 3 of this section shall make the speeds prescribed therein lawful in a situation that requires lower speed for compliance with the basic rule declared in subsection 1 of this section.

7. Except as provided in subsection 8 of this section, any person violating this section is guilty of [an infraction] a misdemeanor.

8. The prosecuting attorney may reduce a violation of subsection 2, 3 or 4 of this section or section 304.009 to an infraction at any time prior to the commencement of trial. The reduction of the offense to an infraction by the prosecuting attorney shall in no way invalidate any arrest or action taken by law enforcement incident to arrest. In the event the violation is reduced to an infraction, the person violating subsection 2, 3 or 4 of this section or section 304.009 shall be subject to the court costs and fees applicable to violations of misdemeanors.

[8.] 9. Violation of the provisions of this section specifying speed limitations shall not be construed to relieve the parties in any civil action on any claim or counterclaim from the burden of proving negligence or contributory negligence as the proximate cause of an accident or as the defense to a negligence action.

[9.] 10. Nothing in this section shall be construed to repeal, affect or alter the provisions of section 304.009.

544.665. 1. In addition to the forfeiture of any security which was given or pledged for his release, any person who, having been released pursuant to sections 544.040 to 544.665, or upon a recognizance or bond pursuant to any other provisions of law, willfully fails to appear before any court or judicial officer as required shall be guilty of an offense and punished as follows:

(1) If arrested for or charged with a felony, by a fine of not more than five thousand dollars or imprisoned for not more than five years;

(2) If arrested for or charged with a misdemeanor, by a fine of not more than one thousand dollars or confinement in the county jail for not more than one year;

(3) If arrested for or charged with an infraction, by a fine of not more than five hundred dollars;

[(3)] (4) If arrested for the violation of a municipal ordinance, by a fine not to exceed five hundred dollars; provided that the sentence imposed shall not exceed the maximum fine or maximum period of imprisonment which could be imposed for the offense for which the accused was arrested.

2. If the offense or ordinance violation be punished by fine only, punishment by confinement shall not be imposed.

3. Nothing in sections 544.040 to 544.665 shall prevent the exercise by any court of its power to punish for contempt. Section B. Because the safety of Missouri motorists is of paramount importance, this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and this act shall be in full force and effect upon its passage and approval.