Summary of the House Committee Version of the Bill

HCS SB 716 -- TRANSPORTATION

SPONSOR:  Goodman (Dixon)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Transportation by a vote of 11 to 1.

This substitute establishes the Political Subdivision
Construction Bidding Standards Act, the Missouri State Transit
Assistance Program, and the Show-Me Harvest Initiative and
changes the laws regarding billboards, county highway
commissions, motor vehicles, transportation, and boater's safety
training.

POLITICAL SUBDIVISION CONSTRUCTION BIDDING STANDARDS ACT (Section
67.314, RSMo)

The Political Subdivision Construction Bidding Standards Act is
established which creates standards for advertising, soliciting,
accepting, and rejecting competitive bids and awarding
construction contracts of $10,000 or more for political
subdivisions that are not covered by a specific federal, state,
or local law that is equivalent or stricter in its requirements.

Regardless of any state or local law or state or federal funding
requirement to the contrary, no contract for construction will be
awarded in violation of the following requirements:

(1)  No bid can be opened before the advertised deadline;

(2)  No bid can be accepted unless it is sealed and in writing;

(3)  No bid can be accepted after the advertised deadline; or

(4)  All bids must be held securely and confidentially until the
bids are opened in a public meeting on the date and at the time
and place advertised.

A political subdivision will not be prohibited from awarding a
contract without competitive bidding when deemed necessary to
remove an immediate danger to public health or safety, to prevent
the loss of property, or to prevent an interruption of or to
restore an essential public service.

MISSOURI STATE TRANSIT ASSISTANCE PROGRAM (Section 226.195)

The Missouri State Transit Assistance Program is established to
be administered by the Department of Transportation to provide
financial assistance to defray the operating and capital costs
incurred by public mass transportation providers.  The
distribution of any appropriated funds must be determined by
evaluating certain factors of each service provider including
population, ridership, cost and efficiency of the program,
availability of alternative transportation in the area, and local
efforts and tax support.

BILLBOARDS (Sections 226.540 and 226.541)

The substitute:

(1)  Allows local authorities to adopt regulations regarding
billboard size, lighting, and spacing provisions that are more
restrictive than state law if they are reasonable, allow for
customary industry usage, and comply with the intent of the
provisions of the substitute.  Local regulations cannot have the
intent or effect of prohibiting billboards on commercial or
industrial property within 660 feet of certain highways.  If a
court rules that a local regulation is prohibitive, unreasonable,
or fails to allow for customary industry usage, the statutory
state requirements will apply until a valid ordinance is adopted
by the local zoning authority;

(2)  Prohibits the Highways and Transportation Commission within
the Department of Transportation from issuing new state sign
permits after the date the commission approves funding for any
phase or portion of construction or reconstruction of a street or
highway until the completion of the project and requires all
existing signs to conform to the requirements for outdoor
advertising in effect on August 27, 1999;

(3)  Allows an owner of an existing sign who meets all state
requirements for outdoor advertising in effect on August 27,
1999, and the federal/state agreement and who voluntarily
executes a partial waiver and reset agreement with the commission
to reset a sign on the same or adjoining property as long as the
owner obtains the necessary local approval.  An owner entering
into a reset agreement with the commission will receive
compensation for the actual cost of resetting the sign.  A sign
must be reconstructed with the same type of materials and cannot
exceed the square footage of the original sign;

(4)  Allows a sign owner 120 days from receiving a written notice
that a sign will be displaced by construction to execute a reset
agreement.  If an owner fails to execute an agreement, the
commission has the right to initiate normal condemnation
procedures for the compensated removal of the sign;

(5)  Allows a local zoning authority to prohibit an owner from
resetting a qualifying sign that does not comply with local
regulations but requires the local authority to reimburse the
commission for the cost to condemn the sign less the cost to
reset the sign; and

(6)  Requires all signs to be subject to the biennial inspection
fees under Section 226.550.

SHOW-ME HARVEST INITIATIVE (Section 226.1120)

The Show-Me Harvest Initiative is established which allows
persons or entities to submit bids to the Highways and
Transportation Commission to mow grass or vegetation along state
roadways using the person's or entity's own equipment.  In
addition to receiving monetary compensation for the work, the
person or entity will receive hay rights for the portion of the
roadway in the contract.

The commission may enter into contracts with persons or entities
to plant and harvest switchgrass or other grasses or produce
approved by the commission on the right-of-way of any state
roadway.  These contracts will be for a period of at least five
years.

COUNTY HIGHWAY COMMISSIONS (Section 230.220)

The substitute changes the compensation for a member of the
county highway commission who is not also a member of the
county's governing body from $15 per day for the first meeting of
each month and $5 for each additional meeting during the month to
an amount per meeting as established by the county's governing
body.  The mileage allowance for these members is also changed
from eight cents per mile actually and necessarily traveled in
the performance of their duties to the same amount per mile
received by the members of the county's governing body.  Members
of the commission who are also members of the county's governing
body will not receive any compensation or mileage allowance for
their service to the commission.

TRANSPORTATION DEVELOPMENT DISTRICTS (Sections 238.202, 238.208,
238.220, 238.225, 238.232, and 238.236)

The substitute specifically includes public mass transportation
systems as transportation development district projects to the
provisions of the Missouri Transportation Development District
Act.  Special requirements are established for the formation of a
transportation development district (TDD) to operate a public
mass transportation system.  Currently, owners of property
adjacent to a TDD may petition the court by the unanimous
approval of the owners to add their property to the district and
the property must be added to the district.  The substitute
specifies that the unanimous approval requirement will not apply
to any TDD formed by a local transportation authority to operate
a public transportation system, and the court must add the
adjacent property in the petition upon the approval and consent
of the TDD's board of directors.

The board of directors for a district formed by local
transportation authorities to operate a public mass
transportation system must consist of between three and five
members appointed by the chief executive officer of each local
transportation authority.  Any director appointed by a chief
executive officer may be removed by the officer at any time with
or without cause.  The Highways and Transportation Commission is
prohibited from appointing advisers to these boards, and these
districts are not required to submit their proposed project plans
to the commission for its approval.

Real property taxes for TDDs will not be considered payment in
lieu of taxes as it relates to the Real Property Tax Increment
Allocation Redevelopment Act, and tax revenues derived from the
property taxes will not be subject to allocation under the
provisions of the act.  The sales tax for these districts must
not be considered economic activity taxes as it applies to the
statutes regarding tax increment financing and are not subject to
allocation by those statutes.  The Transportation Development
District Sales Tax Trust Fund is created to deposit the sales tax
revenues generated by these TDDs.

SAFELY PASSING BICYCLE RIDERS (Sections 300.411 and 304.678)

Currently, a motor vehicle driver who is overtaking a bicycle is
required to leave a safe distance when passing the bicycle.  The
substitute requires a driver to pass safety at a distance of not
less than three feet.  Any driver violating this provision will
be guilty of an infraction unless he or she intentionally
violates the provision or causes an accident, in which case, he
or she will be guilty of a class C misdemeanor.

SCRAP PROCESSORS (Sections 301.010 and 301.218)

The substitute makes technical changes to the terms "scrap
processor" and "vanpool" as used in Chapter 301, and the
definition of "mobile scrap processor" is changed to reflect that
these processor are not mobile.

FLEET VEHICLE REGISTRATION (Section 301.032)

Currently, a fleet vehicle must be registered with the Department
of Revenue during April of each year.  The substitute requires
the vehicle to be registered during April of the corresponding
year of the vehicle's model year.  Currently, a fleet owner may
apply for fleet license plates bearing a company name or logo.
The substitute allows a fleet owner of at least 50 fleet vehicles
to apply for fleet license plates bearing a company name or logo.
The size and design of the plate is subject to the approval of
the Director of the Department of Revenue.

DRIVEAWAY LICENSE PLATES (Section 301.069)

The substitute specifies that a driveaway license plate can only
be used by an owner, corporate officer, or employee of a business
to which the plate was issued.  An applicant for a driveaway
license plate must provide the business name, address, telephone
number, business owner's full name, birth date, driver's or
nondriver's license number, home address, home telephone number,
signature, printed name of the business owner or person making
the application, and a statement explaining the usage of the
driveaway plate.  The applicant must also provide proof of
financial responsibility sufficient to cover each motor vehicle
the applicant will operate during the registration period.  If
any of the information provided in the application changes, the
applicant must report the change to the Department of Revenue
within 10 days of the change.  Any violation will result in the
revocation of the applicant's driveaway license, and anyone
knowingly using a revoked license plate will be guilty of a
misdemeanor.

PROPERTY-CARRYING COMMERCIAL MOTOR VEHICLE LICENSE PLATES
(Section 301.130)

Currently, property-carrying commercial motor vehicles are only
issued one license plate.  The substitute allows the owner of one
of these vehicles to request and be issued two plates.  The
Director of the Department of Revenue may assess and collect an
additional fee for the second plate that cannot exceed the fee
for a personalized license plate.

DISABLED LICENSE PLATES OR PLACARDS (Section 301.142)

The substitute adds physician assistants to the list of
authorized health care practitioners who are able to provide a
physician's statement to obtain a disabled license plate or
placard.

SALVAGE VEHICLES (Section 301.196)

The substitute removes the salvage title exemption from the
requirement of a seller to notify the Department of Revenue
within 30 days of a sale.

DEALER SALES REPORTS (Section 301.280)

The substitute requires certain records of a dealer or person
operating a public garage to be kept for five years instead of
the current three years and specifies that any dealer who
knowingly makes a false statement or omits a material fact in a
monthly sales report to the Department of Revenue will be guilty
of a class A misdemeanor.

PRODUCTION OF TABS FOR DEPARTMENT OF REVENUE (Section 301.290)

Missouri Vocational Enterprises within the Department of
Corrections is authorized to continue making registration tabs
for the Department of Revenue.  Currently, it will no longer make
the tabs as of January 1, 2011.

SURRENDER OF FRAUDULENT DEPARTMENT OF REVENUE DOCUMENTS (Section
301.423)

If the Director of the Department of Revenue or his or her
designated representative reasonably believes that a certificate
of ownership, a license plate, or a license plate tab was
obtained fraudulently, any person in possession of the item must
surrender it to the department director, or his or her designated
representative, upon request.  Any person failing to do so will
be guilty of a class A misdemeanor.

MOTOR VEHICLE FRANCHISE DEALERS (Section 301.560)

The substitute requires every application for a motor vehicle
franchise dealer to include an annual certification that the
applicant has an established place of business.  Currently,
dealers are only required to submit this certification for the
first three years and every other year thereafter.  The applicant
must possess a working telephone or cellular phone.  Currently,
the place of business must have a working telephone.

The substitute also removes the requirement for a trailer dealer
to include proof of a current dealer garage liability insurance
policy with his or her application for a trailer dealer license.

ONLINE AUTOMOBILE AUCTIONS (Section 301.561)

The substitute allows a public motor vehicle auction to sell
motor vehicles through an Internet auction without the services
of a licensed auctioneer.  The auction may sell vehicles through
the Internet that are not located at its licensed place of
business.

OPERATING AS A MOTOR VEHICLE DEALER WITHOUT A LICENSE (Section
301.570)

A person, partnership, corporation, company, or association that
has a second or subsequent conviction of selling six or more
vehicles in a calendar year without a vehicle dealers license
with certain exceptions will be guilty of a class D felony.
Currently, any violation is a class A misdemeanor.

REVOCATION OF A BUSINESS LICENSE (Section 301.572)

If the Director of the Department of Revenue or his or her
designated representative determines that the place of business
of a licensed motor vehicle dealer or manufacturer, boat dealer
or manufacturer, public or wholesale motor vehicle auction, or
wholesale motor vehicle dealer is uninhabited or abandoned, he or
she must send a notice of the determination by certified mail
stating that if the licensee fails to respond within 30 days, the
license of the business will be revoked.  Upon failure to
respond, the license will be immediately revoked and all dealer
plates and unused temporary permits will immediately revert back
to the department.

SPECIAL EVENT MOTOR VEHICLE AUCTION LICENSES (Section 301.580)

The Department of Revenue is authorized to issue a special event
motor vehicle auction license to an applicant for the purpose of
auctioning motor vehicles if 90% or more of the vehicles are 10
years old or older and the duration of the event is no more than
three consecutive days and is held no more than two times in a
calendar year by the same licensee.  A report must be sent to the
department director within 10 days of the conclusion of the
auction on a department-approved form specifying the make, model,
year, and vehicle identification number of every vehicle included
in the auction.  Anyone violating this provision will be guilty
of a class A misdemeanor and will be charged a $500
administrative fee payable to the department for each vehicle
auctioned in violation of this provision.

A special event motor vehicle auction will be considered a public
auction for the purposes of licensing and inspection of certain
documents and odometer readings; however, the licensee will not
be required to have a bona fide established place of business.
Applications to hold an auction must be received by the
department at least 90 days prior to the beginning of the event.

Applicants must be registered to conduct business in this state,
pay a licensing fee of $1,000, and be bonded or have an
irrevocable letter of credit in the amount of $100,000.
Applicants will be responsible for ensuring that a sales tax
license or special event sales tax license is obtained if
required.

DRIVER'S LICENSE APPLICATION INFORMATION (Section 302.183)

Currently, the sale of driver's license application information
to other organizations or states for commercial purposes is
prohibited except for certain specified exceptions.  The
substitute specifies that "commercial purposes" will not include
driver's license application information used, compiled, or
obtained solely for purposes expressly allowed under the Missouri
or federal Drivers Privacy Protection Act.

UNLAWFUL USE OF LICENSES (Sections 302.220 and 302.230)

A nondriver identification card is added to the provisions
regarding the forms of identification that are unlawful to
possess or display if it has been canceled, suspended, or revoked
or if the Director of the Department of Revenue has reasonable
suspicion to believe that it is fictitious.  The department
director is authorized to prosecute anyone who knowingly makes a
false statement regarding a driver's license or commercial
driver's license within one year, but no later than six years,
after the department director first discovers the falsity.

FINES AND COURT COSTS FOR TRAFFIC VIOLATIONS (Section 302.341)

Currently, if any city receives more than 35% of its annual gross
general operating revenue from fines and court costs for traffic
violations occurring on state highways, all revenues in excess of
the 35% threshold are distributed to the county schools.  The
substitute specifies that when determining a city's gross general
operating revenue from fines and court costs, traffic violations
will include moving and nonmoving violations and any moving
violations that are pled or amended to nonmoving traffic
violations.

NONRESIDENT MOTORIST FINANCIAL RESPONSIBILITY

The substitute requires a nonresident motorist operating a
vehicle within the state to maintain financial responsibility
that meets the requirements of his or her state.  Anyone who
violates this provision will be guilty of a class C misdemeanor.

STORAGE FEES FOR TOWED VEHICLES (Section 304.161)

The substitute limits the fees that may be charged for storing a
towed vehicle, other than a commercial motor vehicle, to charges
that are reasonable and not excessive.  Complaints of excessive
charges are to be reported to the Attorney General for
investigation, review, and determination.  If the Attorney
General determines the charges are excessive, it will be
considered an unlawful trade practice.

LEFT LANE VIOLATIONS (Section 304.705)

The substitute increases the penalty for left lane truck
violations in St. Charles County from an infraction to a class C
misdemeanor.  If the left lane violation causes the immediate
threat of an accident, the penalty is increased from a class C
misdemeanor to a class B misdemeanor.

BOATERS SAFETY COURSE REQUIREMENTS (Sections 306.127)

The substitute allows a person born after January 1, 1984, or who
has committed certain boating offenses to have a Missouri
driver's license or nondriver's license with an endorsement from
the State Water Patrol of successfully meeting the requirements
of a boating safety course in lieu of the required boater safety
identification card in order to operate a boat on a lake in
Missouri.  The substitute also allows a nonresident born after
January 1, 1984, to continue to obtain a temporary boater
education permit to operate a rental vessel on the lakes of the
state by passing a written examination.  Currently, after
December 31, 2010, a nonresident will no longer be able to obtain
a temporary boater education permit.  The substitute also removes
the provision which requires the water patrol to inform other
states of these provisions.

REPEAL OF CURRENT PROVISIONS (Sections 226.095 and 301.129)

The substitute repeals the provisions which currently require the
Department of Transportation to submit to binding arbitration in
negligence cases and the provisions regarding an advisory
committee which has been dissolved on the development of license
plates.

The provisions regarding scrap processors, fleet vehicles,
driveaway license plates, salvage vehicles, dealer sales reports,
motor vehicle franchise dealers, and dealers operating without a
license become effective January 1, 2011.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of $3,259 in
FY 2011, $3,911 in FY 2012, and $3,911 in FY 2013.  Estimated
Income on Other State Funds of Unknown greater than $803,256 in
FY 2011, Unknown greater than $809,687 in FY 2012, and Unknown
greater than $809,687 in FY 2013.

PROPONENTS:  Supporters say that the bill will allow for
speciality automobile auctions to be licensed differently that
other automobile auctions in Missouri.  Currently, specialty
auctions must be licensed for an entire year and maintain a
physical office in the location of the auction.

Testifying for the bill were Senator Goodman; and Department of
Revenue.

OPPONENTS:  There was no opposition voiced to the committee.

Copyright (c) Missouri House of Representatives


Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:14 pm