FIRST REGULAR SESSION

[TRULY AGREED TO AND FINALLY PASSED]

CONFERENCE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 103

97TH GENERAL ASSEMBLY

0567H.07T                                                                                         2013                                                                                                         


 

AN ACT

To repeal sections 174.700, 174.703, 174.706, 301.301, 301.449, 302.302, 302.341, 302.700, as enacted by conference committee substitute for senate substitute for senate committee substitute for house committee substitute for house bill no. 1402, merged with conference committee substitute for house committee substitute for senate substitute for senate committee substitute for senate bill no. 470, merged with conference committee substitute for house committee substitute no. 2 for senate committee substitute for senate bill no. 480, merged with conference committee substitute for house committee substitute for senate bill no. 568, ninety-sixth general assembly, second regular session, 302.720, 302.735, 302.740, 302.755, 304.013, 304.032, 304.120, 304.180, 304.820, 307.400, 407.300, and 544.157, RSMo, and to enact in lieu thereof thirty-two new sections relating to transportation, with penalty provisions and an emergency clause for a certain section.




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


            Section A. Sections 174.700, 174.703, 174.706, 301.301, 301.449, 302.302, 302.341, 302.700, as enacted by conference committee substitute for senate substitute for senate committee substitute for house committee substitute for house bill no. 1402, merged with conference committee substitute for house committee substitute for senate substitute for senate committee substitute for senate bill no. 470, merged with conference committee substitute for house committee substitute no. 2 for senate committee substitute for senate bill no. 480, merged with conference committee substitute for house committee substitute for senate bill no. 568, ninety-sixth general assembly, second regular session, 302.720, 302.735, 302.740, 302.755, 304.013, 304.032, 304.120, 304.180, 304.820, 307.400, 407.300, and 544.157, RSMo, are repealed and thirty-two new sections enacted in lieu thereof, to be known as sections 174.700, 174.703, 174.706, 174.709, 174.712, 301.301, 301.449, 302.302, 302.341, 302.700, 302.720, 302.735, 302.740, 302.755, 304.013, 304.032, 304.120, 304.180, 304.820, 304.890, 304.892, 304.894, 307.400, 407.300, 544.157, 1, 2, 3, 4, 5, 6, and 7, to read as follows:

            174.700. The board of regents or board of governors of any state college or university may appoint and employ as many college or university police officers as it may deem necessary to enforce regulations established under section 174.709 and general motor vehicle laws of this state in accordance with section 174.712, protect persons, property, and to preserve peace and good order only in the public buildings, properties, grounds, and other facilities and locations over which it has charge or control and to respond to emergencies or natural disasters outside of the boundaries of university property and provide services if requested by the law enforcement agency with jurisdiction.

            174.703. 1. The college or university police officers, before they enter upon their duties, shall take and subscribe an oath of office before some officer authorized to administer oaths, to faithfully and impartially discharge the duties thereof, which oath shall be filed in the office of the board, and the secretary of the board shall give each college police officer so appointed and qualified a certificate of appointment, under the seal of the board, which certificate shall empower him or her with the same authority to maintain order, preserve peace and make arrests as is now held by peace officers.

            2. The college or university police officers shall have the authority to enforce the regulations established in section 174.709 and general motor vehicle laws in accordance with section 174.712 on the campus as prescribed in chapter 304. The college or university police officer may in addition expel from the public buildings, campuses, and grounds, persons violating the rules and regulations that may be prescribed by the board or others under the authority of the board.

            3. Such officer or employee of the state college or university as may be designated by the board shall have immediate charge, control and supervision of police officers appointed by authority of this section. Such college or university police officers shall have satisfactorily completed before appointment a training course for police officers as prescribed by chapter 590 for state peace officers or, by virtue of previous experience or training, have met the requirements of chapter 590, and have been certified under that chapter.

            174.706. Nothing in sections 174.700 to [174.706] 174.712 shall be construed as denying the board the right to appoint guards or watchmen who shall not be given the authority and powers authorized by sections 174.700 to [174.706] 174.712.

            174.709. 1. For the purpose of promoting public safety, health, and general welfare and to protect life and property, the board of regents or board of governors of any state college or university may establish regulations to control vehicular traffic, including speed regulations, on any thoroughfare owned or maintained by the state college or university and located within any of its campuses. Such regulations shall be consistent with the provisions of the general motor vehicle laws of this state. Upon adoption of such regulations, the state college or university shall have the authority to place official traffic control signals, as defined in section 300.010, on campus property.

            2. The regulations established by the board of regents or board of governors of any state college or university under subsection 1 of this section shall be codified, printed, and distributed for public use. Adequate signs displaying the speed limit shall be posted along such thoroughfares.

            3. Violations of any regulation established under this section shall have the same effect as a violation of municipal ordinances adopted under section 304.120, with penalty provisions as provided in section 304.570. Points assessed against any person under section 302.302 for a violation of this section shall be the same as provided for a violation of a county or municipal ordinance.

            4. The provisions of this section shall apply only to moving violations.

            174.712. All motor vehicles operated upon any thoroughfare owned or maintained by a state college or university and located within any of its campuses shall be subject to the provisions of the general motor vehicle laws of this state, including chapters 301, 302, 303, 304, 307, and 577. Violations shall have the same effect as though such had occurred on public roads, streets, or highways of this state.

            301.301. [1. Any person replacing a stolen license plate tab issued on or after January 1, 2009, may receive at no cost up to two sets of two license plate tabs per year when the application for the replacement tab is accompanied with a police report that is corresponding with the stolen license plate tab.

            2.] Any person replacing a stolen license plate tab [issued prior to January 1, 2009,] may receive at no cost up to two sets of two license plate tabs per year when the application for the replacement tab is accompanied with a notarized affidavit verifying that such license plate tab or tabs were stolen.

            301.449. 1. Only a community college or four-year public or private institution of higher education, or a foundation or organization representing the college or institution, located in the state of Missouri may itself authorize or may by the director of revenue be authorized to use the school's official emblem to be affixed on multiyear personalized license plates as provided in this section.

            2. Any contribution to such institution derived from this section, except reasonable administrative costs, shall be used for scholarship endowment or other academically related purposes. Any vehicle owner may annually apply to the institution for the use of the emblem. Upon annual application and payment of an emblem-use contribution to the institution, which shall be set by the governing body of the institution at an amount of at least twenty-five dollars, the institution shall issue to the vehicle owner, without further charge, an "emblem-use authorization statement", which shall be presented by the vehicle owner to the department of revenue at the time of registration. Upon presentation of the annual statement and payment of the fee required for personalized license plates in section 301.144, and other fees and documents which may be required by law, the department of revenue shall issue a personalized license plate, which shall bear the seal, emblem or logo of the institution, to the vehicle owner.

            3. The license plate authorized by this section shall use the school colors of the institution, and those colors shall be constructed upon the license plate using a process to ensure that the school emblem shall be displayed upon the license plate in the clearest and most attractive manner possible. Such license plates shall be made with fully reflective material with a common color scheme and design, shall be clearly visible at night, and shall be aesthetically attractive, as prescribed by section 301.130. The license plate authorized by this section shall be issued with a design approved by both the institution of higher education and the advisory committee established in section 301.129.

            4. A vehicle owner, who was previously issued a plate with an institutional emblem authorized by this section and does not provide an emblem-use authorization statement at a subsequent time of registration, shall be issued a new plate which does not bear the institutional emblem, as otherwise provided by law.

            5. Notwithstanding the provisions of subsection 1 of this section or subsection 1 of section 301.3150, any community college or four-year public or private institution of higher education, or any foundation or organization representing the college or institution, located outside of the state of Missouri, which has authorized the use of its official emblem to be affixed on multiyear personalized license plates and has had its application for a specialty license plate approved by the joint committee on transportation oversight under section 301.3150 prior to August 28, 2012, may continue to authorize the use of its official emblem on such plates. Nothing in subsection 1 of this section shall be construed to prohibit the manufacture or renewal of multiyear personalized license plates bearing out-of-state university, college, or institution of private learning official emblems if such license plates were approved by the joint committee on transportation oversight under section 301.3150 prior to August 28, 2012.

            6. The director of revenue shall make necessary rules and regulations for the enforcement of this section, and shall design all necessary forms including establishing a minimum number of license plates which can be issued with the authorized emblem of a participating institution.

            302.302. 1. The director of revenue shall put into effect a point system for the suspension and revocation of licenses. Points shall be assessed only after a conviction or forfeiture of collateral. The initial point value is as follows:

            (1) Any moving violation of a state law or county or municipal or federal traffic ordinance or regulation not listed in this section, other than a violation of vehicle equipment provisions or a court-ordered supervision as provided in section 302.303. . . . . . . . . . .2 points

(except any violation of municipal stop sign

ordinance where no accident is involved.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 point)

            (2) Speeding

In violation of a state law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 points

In violation of a county or municipal ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 points

            (3) Leaving the scene of an accident

in violation of section 577.060 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 points

In violation of any county or municipal ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 points

            (4) Careless and imprudent driving in violation of subsection 4 of section

304.016.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 points

In violation of a county or municipal ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points

            (5) Operating without a valid license in violation of subdivision (1) or (2) of subsection 1 of section 302.020:

            (a) For the first conviction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points

            (b) For the second conviction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 points

            (c) For the third conviction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 points

            (6) Operating with a suspended or revoked license prior to restoration of

operating privileges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 points

            (7) Obtaining a license by misrepresentation. . . . . . . . . . . . . . . . . . . . . . . . . .12 points

            (8) For the first conviction of

driving while in an intoxicated condition or under the influence of controlled substances

 or drugs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  8 points

            (9) For the second or subsequent conviction of any of the following offenses however combined: 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 points

            (10) For the first conviction for driving with blood alcohol content eight-hundredths of one percent or more by weight

In violation of state law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 points

In violation of a county or municipal

ordinance or federal law or regulation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  8 points

            (11) Any felony involving the use of a motor vehicle. . . . . . . . . . . . . . . . . . . 12 points

            (12) Knowingly permitting unlicensed operator to operate a motor vehicle. . . 4 points

            (13) For a conviction for failure to maintain financial responsibility pursuant to county or municipal ordinance or pursuant to section 303.025. . . . . . . . . . . . . . . . . . . . . . . . . 4 points

            (14) Endangerment of a highway worker in violation of section 304.585. . . . .4 points

            (15) Aggravated endangerment of a highway worker in violation

 of section 304.585. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 points

            (16) For a conviction of violating a municipal ordinance that prohibits tow truck operators from stopping at or proceeding to the scene of an accident unless they have been requested to stop or proceed to such scene by a party involved in such accident or by an officer of a public safety agency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  4 points

            (17) Endangerment of an emergency

responder in violation of section 304.894 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 points

            (18) Aggravated endangerment of an emergency responder in violation of

section 304.894. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 points

            2. The director shall, as provided in subdivision (5) of subsection 1 of this section, assess an operator points for a conviction pursuant to subdivision (1) or (2) of subsection 1 of section 302.020, when the director issues such operator a license or permit pursuant to the provisions of sections 302.010 to 302.340.

            3. An additional two points shall be assessed when personal injury or property damage results from any violation listed in subdivisions (1) to (13) of subsection 1 of this section and if found to be warranted and certified by the reporting court.

            4. When any of the acts listed in subdivision (2), (3), (4) or (8) of subsection 1 of this section constitutes both a violation of a state law and a violation of a county or municipal ordinance, points may be assessed for either violation but not for both. Notwithstanding that an offense arising out of the same occurrence could be construed to be a violation of subdivisions (8), (9) and (10) of subsection 1 of this section, no person shall be tried or convicted for more than one offense pursuant to subdivisions (8), (9) and (10) of subsection 1 of this section for offenses arising out of the same occurrence.

            5. The director of revenue shall put into effect a system for staying the assessment of points against an operator. The system shall provide that the satisfactory completion of a driver-improvement program or, in the case of violations committed while operating a motorcycle, a motorcycle-rider training course approved by the state highways and transportation commission, by an operator, when so ordered and verified by any court having jurisdiction over any law of this state or county or municipal ordinance, regulating motor vehicles, other than a violation committed in a commercial motor vehicle as defined in section 302.700 or a violation committed by an individual who has been issued a commercial driver's license or is required to obtain a commercial driver's license in this state or any other state, shall be accepted by the director in lieu of the assessment of points for a violation pursuant to subdivision (1), (2) or (4) of subsection 1 of this section or pursuant to subsection 3 of this section. A court using a centralized violation bureau established under section 476.385 may elect to have the bureau order and verify completion of a driver-improvement program or motorcycle-rider training course as prescribed by order of the court. For the purposes of this subsection, the driver-improvement program shall meet or exceed the standards of the National Safety Council's eight-hour "Defensive Driving Course" or, in the case of a violation which occurred during the operation of a motorcycle, the program shall meet the standards established by the state highways and transportation commission pursuant to sections 302.133 to 302.137. The completion of a driver-improvement program or a motorcycle-rider training course shall not be accepted in lieu of points more than one time in any thirty-six-month period and shall be completed within sixty days of the date of conviction in order to be accepted in lieu of the assessment of points. Every court having jurisdiction pursuant to the provisions of this subsection shall, within fifteen days after completion of the driver-improvement program or motorcycle-rider training course by an operator, forward a record of the completion to the director, all other provisions of the law to the contrary notwithstanding. The director shall establish procedures for record keeping and the administration of this subsection.

            302.341. 1. If a Missouri resident charged with a moving traffic violation of this state or any county or municipality of this state fails to dispose of the charges of which the resident is accused through authorized prepayment of fine and court costs and fails to appear on the return date or at any subsequent date to which the case has been continued, or without good cause fails to pay any fine or court costs assessed against the resident for any such violation within the period of time specified or in such installments as approved by the court or as otherwise provided by law, any court having jurisdiction over the charges shall within ten days of the failure to comply inform the defendant by ordinary mail at the last address shown on the court records that the court will order the director of revenue to suspend the defendant's driving privileges if the charges are not disposed of and fully paid within thirty days from the date of mailing. Thereafter, if the defendant fails to timely act to dispose of the charges and fully pay any applicable fines and court costs, the court shall notify the director of revenue of such failure and of the pending charges against the defendant. Upon receipt of this notification, the director shall suspend the license of the driver, effective immediately, and provide notice of the suspension to the driver at the last address for the driver shown on the records of the department of revenue. Such suspension shall remain in effect until the court with the subject pending charge requests setting aside the noncompliance suspension pending final disposition, or satisfactory evidence of disposition of pending charges and payment of fine and court costs, if applicable, is furnished to the director by the individual. Upon proof of disposition of charges and payment of fine and court costs, if applicable, and payment of the reinstatement fee as set forth in section 302.304, the director shall return the license and remove the suspension from the individual's driving record if the individual was not operating a commercial motor vehicle or a commercial driver's license holder at the time of the offense. The filing of financial responsibility with the bureau of safety responsibility, department of revenue, shall not be required as a condition of reinstatement of a driver's license suspended solely under the provisions of this section.

            2. If any city, town [or] , village, or county receives more than [thirty-five] thirty percent of its annual general operating revenue from fines and court costs for traffic violations, including amended charges from any traffic violation, occurring [on state highways] within the city, town, village, or county, all revenues from such violations in excess of [thirty-five] thirty percent of the annual general operating revenue of the city, town [or] , village, or county shall be sent to the director of the department of revenue and shall be distributed annually to the schools of the county in the same manner that proceeds of all penalties, forfeitures and fines collected for any breach of the penal laws of the state are distributed. [For the purpose of this section the words "state highways" shall mean any state or federal highway, including any such highway continuing through the boundaries of a city, town or village with a designated street name other than the state highway number.] The director of the department of revenue shall set forth by rule a procedure whereby excess revenues as set forth above shall be sent to the department of revenue. If any city, town, [or] village, or county disputes a determination that it has received excess revenues required to be sent to the department of revenue, such city, town, [or] , village, or county may submit to an annual audit by the state auditor under the authority of article IV, section 13 of the Missouri Constitution. An accounting of the percent of annual general operating revenue from fines and court costs for traffic violations, including amended charges from any charged traffic violation, occurring within the city, town, village, or county and charged in the municipal court of that city, town, village, or county shall be included in the comprehensive annual financial report submitted to the state auditor by the city, town, village, or county under section 105.145. Any city, town, village, or county which fails to make an accurate or timely report, or to send excess revenues from such violations to the director of the department of revenue by the date on which the report is due to the state auditor shall suffer an immediate loss of jurisdiction of the municipal court of said city, town, village, or county on all traffic-related charges until all requirements of this section are satisfied. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly under chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2009, shall be invalid and void.

            302.700. 1. Sections 302.700 to 302.780 may be cited as the "Uniform Commercial Driver's License Act".

            2. When used in sections 302.700 to 302.780, the following words and phrases mean:

            (1) "Alcohol", any substance containing any form of alcohol, including, but not limited to, ethanol, methanol, propanol and isopropanol;

            (2) "Alcohol concentration", the number of grams of alcohol per one hundred milliliters of blood or the number of grams of alcohol per two hundred ten liters of breath or the number of grams of alcohol per sixty-seven milliliters of urine;

            (3) "CDL driver", a person holding or required to hold a commercial driver’s license (CDL);

            (4) "CDLIS driver record", the electronic record of the individual commercial driver's status and history stored by the state of record as part of the Commercial Driver's License Information System (CDLIS) established under 49 U.S.C. Section 31309, et seq.;

            [(4)] (5) "CDLIS motor vehicle record (CDLIS MVR)", a report generated from the CDLIS driver record which meets the requirements for access to CDLIS information and is provided by states to users authorized in 49 CFR [Part] 384, subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C. Sections 2721 to 2725, et seq.;

            [(5)] (6) "Commercial driver's instruction permit", a commercial learner's permit issued [pursuant to section 302.720] to an individual by a state or other jurisdiction of domicile in accordance with the standards contained in 49 CFR 383, which, when carried with a valid driver's license issued by the same state or jurisdiction, authorizes the individual to operate a class of commercial motor vehicle when accompanied by a holder of a valid commercial driver's license for purposes of behind-the-wheel training. When issued to a commercial driver's license holder, a commercial learner’s permit serves as authorization for accompanied behind-the-wheel training in a commercial motor vehicle for which the holder's current commercial driver's license is not valid;

            [(6)] (7) "Commercial driver's license (CDL)", a license issued by this state or other jurisdiction of domicile in accordance with 49 CFR 383 [to an individual] which authorizes the individual to operate a class of commercial motor vehicle;

            [(7)] (8) "Commercial driver's license downgrade", occurs when:

            (a) A driver changes the self-certification to interstate, but operates exclusively in transportation or operation excepted from 49 CFR [Part] 391, as provided in 49 CFR [Part] 390.3(f), 391.2, 391.68, or 398.3;

            (b) A driver changes the self-certification to intrastate only, if the driver qualifies under the state's physical qualification requirements for intrastate only;

            (c) A driver changes the self-certification to intrastate, but operating exclusively in transportation or operations excepted from all or part of the state driver qualification requirements; or

            (d) The state removes the commercial driver's license privilege from the driver's license;

            [(8)] (9) "Commercial driver's license information system (CDLIS)", the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Pub. Law 99-570) to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers;

            [(9)] (10) "Commercial motor vehicle", a motor vehicle [designed or used to] or combination of motor vehicles used in commerce to transport passengers or property:

            (a) If the vehicle has a gross combination weight rating or gross combination weight of twenty-six thousand one or more pounds inclusive of a towed unit which has a gross vehicle weight rating [of] or gross vehicle weight of more than ten thousand one pounds or more, whichever is greater;

            (b) If the vehicle has a gross vehicle weight rating or gross vehicle weight of twenty-six thousand one or more pounds [or such lesser rating as determined by federal regulation] , whichever is greater;

            (c) If the vehicle is designed to transport sixteen or more passengers, including the driver; or

            (d) If the vehicle is transporting hazardous materials and is required to be placarded under the Hazardous Materials Transportation Act (46 U.S.C. Section 1801, et seq.);

            [(10)] (11) "Controlled substance", any substance so classified under Section 102(6) of the Controlled Substances Act (21 U.S.C. Section 802(6)), and includes all substances listed in schedules I through V of 21 CFR [Part] 1308, as they may be revised from time to time;

            [(11)] (12) "Conviction", an unvacated adjudication of guilt, including pleas of guilt and nolo contendere, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative proceeding, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended or prorated, including an offense for failure to appear or pay;

            [(12)] (13) "Director", the director of revenue or his authorized representative;

            [(13)] (14) "Disqualification", any of the following three actions:

            (a) The suspension, revocation, or cancellation of a commercial driver's license or commercial driver's instruction permit;

            (b) Any withdrawal of a person's privileges to drive a commercial motor vehicle by a state, Canada, or Mexico as the result of a violation of federal, state, county, municipal, or local law relating to motor vehicle traffic control or violations committed through the operation of motor vehicles, other than parking, vehicle weight, or vehicle defect violations;

            (c) A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle under 49 CFR [Part] 383.52 or [Part] 391;

            [(14)] (15) "Drive", to drive, operate or be in physical control of a commercial motor vehicle;

            [(15)] (16) "Driver", any person who drives, operates, or is in physical control of a motor vehicle, or who is required to hold a commercial driver's license;

            [(16)] (17) "Driver applicant", an individual who applies to obtain, transfer, upgrade, or renew a commercial driver's license or commercial driver's instruction permit in this state;

            [(17)] (18) "Driving under the influence of alcohol", the commission of any one or more of the following acts:

            (a) Driving a commercial motor vehicle with the alcohol concentration of four one-hundredths of a percent or more as prescribed by the [secretary] Secretary or such other alcohol concentration as may be later determined by the [secretary] Secretary by regulation;

            (b) Driving a commercial or noncommercial motor vehicle while intoxicated in violation of any federal or state law, or in violation of a county or municipal ordinance;

            (c) Driving a commercial or noncommercial motor vehicle with excessive blood alcohol content in violation of any federal or state law, or in violation of a county or municipal ordinance;

            (d) Refusing to submit to a chemical test in violation of section 577.041, section 302.750, any federal or state law, or a county or municipal ordinance; or

            (e) Having any state, county or municipal alcohol-related enforcement contact, as defined in subsection 3 of section 302.525; provided that any suspension or revocation pursuant to section 302.505, committed in a noncommercial motor vehicle by an individual twenty-one years of age or older shall have been committed by the person with an alcohol concentration of at least eight-hundredths of one percent or more, or in the case of an individual who is less than twenty-one years of age, shall have been committed by the person with an alcohol concentration of at least two-hundredths of one percent or more, and if committed in a commercial motor vehicle, a concentration of four-hundredths of one percent or more;

            [(18)] (19) "Driving under the influence of a controlled substance", the commission of any one or more of the following acts in a commercial or noncommercial motor vehicle:

            (a) Driving a commercial or noncommercial motor vehicle while under the influence of any substance so classified under Section 102(6) of the Controlled Substances Act (21 U.S.C. Section 802(6)), including any substance listed in schedules I through V of 21 CFR [Part] 1308, as they may be revised from time to time;

            (b) Driving a commercial or noncommercial motor vehicle while in a drugged condition in violation of any federal or state law or in violation of a county or municipal ordinance; or

            (c) Refusing to submit to a chemical test in violation of section 577.041, section 302.750, any federal or state law, or a county or municipal ordinance;

            [(19)] (20) "Electronic device", includes but is not limited to a cellular telephone, personal digital assistant, pager, computer, or any other device used to input, write, send, receive, or read text;

            (21) "Employer", any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a driver to operate such a vehicle;

            [(20)] (22) "Endorsement", an authorization on an individual's commercial driver's license [permitting] or commercial learner’s permit required to permit the individual to operate certain types of commercial motor vehicles;

            [(21)] (23) "Farm vehicle", a commercial motor vehicle controlled and operated by a farmer used exclusively for the transportation of agricultural products, farm machinery, farm supplies, or a combination of these, within one hundred fifty miles of the farm, other than one which requires placarding for hazardous materials as defined in this section, or used in the operation of a common or contract motor carrier, except that a farm vehicle shall not be a commercial motor vehicle when the total combined gross weight rating does not exceed twenty-six thousand one pounds when transporting fertilizers as defined in subdivision [(27)] (29) of this subsection;

            [(22)] (24) "Fatality", the death of a person as a result of a motor vehicle accident;

            [(23)] (25) "Felony", any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year;

            [(24)] (26) "Foreign", outside the fifty states of the United States and the District of Columbia;

            [(25)] (27) "Gross combination weight rating" or "GCWR", the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon;

            [(26)] (28) "Gross vehicle weight rating" or "GVWR", the value specified by the manufacturer as the loaded weight of a single vehicle;

            [(27)] (29) "Hazardous materials", any material that has been designated as hazardous under 49 U.S.C. Section 5103 and is required to be placarded under subpart F of CFR [Part] 172 or any quantity of a material listed as a select agent or toxin in 42 CFR [Part] 73. Fertilizers, including but not limited to ammonium nitrate, phosphate, nitrogen, anhydrous ammonia, lime, potash, motor fuel or special fuel, shall not be considered hazardous materials when transported by a farm vehicle provided all other provisions of this definition are followed;

            [(28)] (30) "Imminent hazard", the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begins to lessen the risk of that death, illness, injury, or endangerment;

            [(29)] (31) "Issuance", the initial licensure, license transfers, license renewals, and license upgrades;

            [(30)] (32) "Manual transmission" (also known as a stick shift, stick, straight drive or standard transmission), a transmission utilizing a driver-operated clutch that is activated by a pedal or lever and a gear-shift mechanism operated either by hand or foot. All other transmissions, whether semi-automatic or automatic, will be considered automatic for the purposes of the standardized restriction code;

            (33) "Medical examiner", a person who is licensed, certified, or registered, in accordance with applicable state laws and regulations, to perform physical examinations. The term includes, but is not limited to, doctors of medicine, doctors of osteopathy, physician assistants, advanced practice nurses, and doctors of chiropractic;

            [(31)] (34) "Medical variance", when a driver has received one of the following that allows the driver to be issued a medical certificate:

            (a) An exemption letter permitting operation of a commercial motor vehicle under 49 CFR [Part] 381, Subpart C or 49 CFR [Part] 391.64;

            (b) A skill performance evaluation certificate permitting operation of a commercial motor vehicle under 49 CFR [Part] 391.49;

            [(32)] (35) "Mobile telephone", a mobile communication device that is classified as or uses any commercial mobile radio service, as defined in the regulations of the Federal Communications Commission, 47 CFR 20.3, but does not include two-way or citizens band radio services;

            (36) "Motor vehicle", any self-propelled vehicle not operated exclusively upon tracks;

            [(33)] (37) "Noncommercial motor vehicle", a motor vehicle or combination of motor vehicles not defined by the term "commercial motor vehicle" in this section;

            [(34)] (38) "Out of service", a temporary prohibition against the operation of a commercial motor vehicle by a particular driver, or the operation of a particular commercial motor vehicle, or the operation of a particular motor carrier;

            [(35)] (39) "Out-of-service order", a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican or any local jurisdiction, that a driver, or a commercial motor vehicle, or a motor carrier operation, is out of service under 49 CFR [Part] 386.72, 392.5, 392.9a, 395.13, or 396.9, or comparable laws, or the North American Standard Out-of-Service Criteria;

            [(36)] (40) "School bus", a commercial motor vehicle used to transport preprimary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events. School bus does not include a bus used as a common carrier as defined by the Secretary;

            [(37)] (41) "Secretary", the Secretary of Transportation of the United States;

            [(38)] (42) "Serious traffic violation", driving a commercial motor vehicle in such a manner that the driver receives a conviction for the following offenses or driving a noncommercial motor vehicle when the driver receives a conviction for the following offenses and the conviction results in the suspension or revocation of the driver's license or noncommercial motor vehicle driving privilege:

            (a) Excessive speeding, as defined by the Secretary by regulation;

            (b) Careless, reckless or imprudent driving which includes, but shall not be limited to, any violation of section 304.016, any violation of section 304.010, or any other violation of federal or state law, or any county or municipal ordinance while driving a commercial motor vehicle in a willful or wanton disregard for the safety of persons or property, or improper or erratic traffic lane changes, or following the vehicle ahead too closely, but shall not include careless and imprudent driving by excessive speed;

            (c) A violation of any federal or state law or county or municipal ordinance regulating the operation of motor vehicles arising out of an accident or collision which resulted in death to any person, other than a parking violation;

            (d) Driving a commercial motor vehicle without obtaining a commercial driver's license in violation of any federal or state or county or municipal ordinance;

            (e) Driving a commercial motor vehicle without a commercial driver's license in the driver's possession in violation of any federal or state or county or municipal ordinance. Any individual who provides proof to the court which has jurisdiction over the issued citation that the individual held a valid commercial driver's license on the date that the citation was issued shall not be guilty of this offense;

            (f) Driving a commercial motor vehicle without the proper commercial driver's license class or endorsement for the specific vehicle group being operated or for the passengers or type of cargo being transported in violation of any federal or state law or county or municipal ordinance; [or]

            (g) Violating a state or local law or ordinance on motor vehicle traffic control prohibiting texting while driving a commercial motor vehicle;

            (h) Violating a state or local law or ordinance on motor vehicle traffic control restricting or prohibiting the use of a hand-held mobile telephone while driving a commercial motor vehicle; or

            (i) Any other violation of a federal or state law or county or municipal ordinance regulating the operation of motor vehicles, other than a parking violation, as prescribed by the [secretary] Secretary by regulation;

            [(39)] (43) "State", a state of the United States, including the District of Columbia;

            [(40)] (44) "Tank vehicle", any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than one hundred nineteen gallons and an aggregate rated capacity of one thousand gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. A commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of one thousand gallons or more, that is temporarily attached to a flatbed trailer is not considered a tank vehicle;

            (45) "Texting", manually entering alphanumeric text into, or reading text from, an electronic device. This action includes but is not limited to short message service, e-mailing, instant messaging, commanding or requesting access to a website, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry, for present or future communication. Texting does not include:

            (a) Inputting, selecting, or reading information on a global positioning system or navigation system;

            (b) Pressing a single button to initiate or terminate a voice communication using a mobile telephone; or

            (c) Using a device capable of performing multiple functions (e.g., fleet management systems, dispatching devices, smart phones, citizens band radios, music players) for a purpose that is not otherwise prohibited in this part;

            (46) "United States", the fifty states and the District of Columbia.

            302.720. 1. Except when operating under an instruction permit as described in this section, no person may drive a commercial motor vehicle unless the person has been issued a commercial driver's license with applicable endorsements valid for the type of vehicle being operated as specified in sections 302.700 to 302.780. A commercial driver's instruction permit shall allow the holder of a valid license to operate a commercial motor vehicle when accompanied by the holder of a commercial driver's license valid for the vehicle being operated and who occupies a seat beside the individual, or reasonably near the individual in the case of buses, for the purpose of giving instruction in driving the commercial motor vehicle. No person may be issued a commercial driver's instruction permit until he or she has passed written tests which comply with the minimum federal standards. A commercial driver's instruction permit shall be valid for the vehicle being operated for a period of not more than six months, and shall not be issued until the permit holder has met all other requirements of sections 302.700 to 302.780, except for the driving test. A permit holder, unless otherwise disqualified, may be granted one six-month renewal within a one-year period. The fee for such permit or renewal shall be five dollars. In the alternative, a commercial driver's instruction permit shall be issued for a thirty-day period to allow the holder of a valid driver's license to operate a commercial motor vehicle if the applicant has completed all other requirements except the driving test. The permit may be renewed for one additional thirty-day period and the fee for the permit and for renewal shall be five dollars.

            2. No person may be issued a commercial driver's license until he has passed written and driving tests for the operation of a commercial motor vehicle which complies with the minimum federal standards established by the Secretary and has satisfied all other requirements of the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Pub. Law 99-570), as well as any other requirements imposed by state law. All applicants for a commercial driver's license shall have maintained the appropriate class of commercial driver's instruction permit issued by this state or any other state for a minimum of fourteen calendar days prior to the date of taking the skills test. Applicants for a hazardous materials endorsement must also meet the requirements of the U.S. Patriot Act of 2001 (Title X of Public Law 107-56) as specified and required by regulations promulgated by the Secretary. Nothing contained in this subsection shall be construed as prohibiting the director from establishing alternate testing formats for those who are functionally illiterate; provided, however, that any such alternate test must comply with the minimum requirements of the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Pub. Law 99-570) as established by the Secretary.

            (1) The written and driving tests shall be held at such times and in such places as the superintendent may designate. A twenty-five dollar examination fee shall be paid by the applicant upon completion of any written or driving test, except the examination fee shall be waived for applicants seventy years of age or older renewing a license with a school bus endorsement. The director shall delegate the power to conduct the examinations required under sections 302.700 to 302.780 to any member of the highway patrol or any person employed by the highway patrol qualified to give driving examinations. The written test shall only be administered in the English language. No translators shall be allowed for applicants taking the test.

            (2) The director shall adopt and promulgate rules and regulations governing the certification of third-party testers by the department of revenue. Such rules and regulations shall substantially comply with the requirements of 49 CFR [Part] 383, Section 383.75. A certification to conduct third-party testing shall be valid for one year, and the department shall charge a fee of one hundred dollars to issue or renew the certification of any third-party tester.

            (3) Beginning August 28, 2006, the director shall only issue or renew third-party tester certification to community colleges established under chapter 178 or to private companies who own, lease, or maintain their own fleet and administer in-house testing to their employees, or to school districts and their agents that administer in-house testing to the school district's or agent's employees. Any third-party tester who violates any of the rules and regulations adopted and promulgated pursuant to this section shall be subject to having his certification revoked by the department. The department shall provide written notice and an opportunity for the third-party tester to be heard in substantially the same manner as provided in chapter 536. If any applicant submits evidence that he has successfully completed a test administered by a third-party tester, the actual driving test for a commercial driver's license may then be waived.

            (4) Every applicant for renewal of a commercial driver's license shall provide such certifications and information as required by the [secretary] Secretary and if such person transports a hazardous material must also meet the requirements of the U.S. Patriot Act of 2001 (Title X of Public Law 107-56) as specified and required by regulations promulgated by the Secretary. Such person shall be required to take the written test for such endorsement. A twenty-five dollar examination fee shall be paid upon completion of such tests.

            (5) The director shall have the authority to waive the driving skills test for any qualified military applicant for a commercial driver's license who is currently licensed at the time of application for a commercial driver's license. The director shall impose conditions and limitations to restrict the applicants from whom the department may accept alternative requirements for the skills test described in federal regulation 49 [C.F.R.] CFR 383.77. An applicant must certify that, during the two-year period immediately preceding application for a commercial driver's license, all of the following apply:

            (a) The applicant has not had more than one license;

            (b) The applicant has not had any license suspended, revoked, or cancelled;

            (c) The applicant has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in this chapter or federal rule 49 [C.F.R.] CFR 383.51(b);

            (d) The applicant has not had more than one conviction for any type of motor vehicle for serious traffic violations;

            (e) The applicant has not had any conviction for a violation of state or local law relating to motor vehicle traffic control, but not including any parking violation, arising in connection with any traffic accident, and has no record of an accident in which he or she was at fault;

            (f) The applicant [is] has been regularly employed [in a job] within the last ninety days in a military position requiring operation of a commercial motor vehicle and has operated the vehicle for at least sixty days during the two years immediately preceding application for a commercial driver's license. The vehicle must be representative of the commercial motor vehicle the driver applicant operates or expects to operate;

            (g) The applicant, if on active duty, must provide a notarized affidavit signed by a commanding officer as proof of driving experience as indicated in paragraph (f) of this subdivision;

            (h) The applicant, if honorably discharged from military service, must provide a form-DD214 or other proof of military occupational specialty;

            (i) The applicant must meet all federal and state qualifications to operate a commercial vehicle; and

            (j) The applicant will be required to complete all applicable knowledge tests.

            3. A commercial driver's license or commercial driver's instruction permit may not be issued to a person while the person is disqualified from driving a commercial motor vehicle, when a disqualification is pending in any state or while the person's driver's license is suspended, revoked, or [cancelled] canceled in any state; nor may a commercial driver's license be issued unless the person first surrenders in a manner prescribed by the director any commercial driver's license issued by another state, which license shall be returned to the issuing state for cancellation.

            4. Beginning July 1, 2005, the director shall not issue an instruction permit under this section unless the director verifies that the applicant is lawfully present in the United States before accepting the application. The director may, by rule or regulation, establish procedures to verify the lawful presence of the applicant under this section. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to chapter 536.

            5. Notwithstanding the provisions of this section or any other law to the contrary, beginning August 28, 2008, the director of the department of revenue shall certify as a third-party tester any municipality that owns, leases, or maintains its own fleet that requires certain employees as a condition of employment to hold a valid commercial driver's license; and that administered in-house testing to such employees prior to August 28, 2006.

            302.735. 1. An application shall not be taken from a nonresident after September 30, 2005. The application for a commercial driver's license shall include, but not be limited to, the applicant's legal name, mailing and residence address, if different, a physical description of the person, including sex, height, weight and eye color, the person's Social Security number, date of birth and any other information deemed appropriate by the director. The application shall also require, beginning September 30, 2005, the applicant to provide the names of all states where the applicant has been previously licensed to drive any type of motor vehicle during the preceding ten years.

            2. A commercial driver's license shall expire on the applicant's birthday in the sixth year after issuance, unless the license must be issued for a shorter period due to other requirements of law or for transition or staggering of work as determined by the director, and must be renewed on or before the date of expiration. When a person changes such person's name an application for a duplicate license shall be made to the director of revenue. When a person changes such person's mailing address or residence the applicant shall notify the director of revenue of said change, however, no application for a duplicate license is required. A commercial license issued pursuant to this section to an applicant less than twenty-one years of age and seventy years of age and older shall expire on the applicant's birthday in the third year after issuance, unless the license must be issued for a shorter period as determined by the director.

            3. A commercial driver's license containing a hazardous materials endorsement issued to an applicant who is between the age of twenty-one and sixty-nine shall not be issued for a period exceeding five years from the approval date of the security threat assessment as determined by the Transportation Security Administration.

            4. The director shall issue an annual commercial driver's license containing a school bus endorsement to an applicant who is seventy years of age or older. The fee for such license shall be seven dollars and fifty cents.

            5. A commercial driver's license containing a hazardous materials endorsement issued to an applicant who is seventy years of age or older shall not be issued for a period exceeding three years. The director shall not require such drivers to obtain a security threat assessment more frequently than such assessment is required by the Transportation Security Administration under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001.

            (1) The state shall immediately revoke a hazardous materials endorsement upon receipt of an initial determination of threat assessment and immediate revocation from the Transportation Security Administration as defined by 49 CFR 1572.13(a).

            (2) The state shall revoke or deny a hazardous materials endorsement within fifteen days of receipt of a final determination of threat assessment from the Transportation Security Administration as required by CFR 1572.13(a).

            6. The fee for a commercial driver's license or renewal commercial driver's license issued for a period greater than three years shall be forty dollars.

            7. The fee for a commercial driver's license or renewal commercial driver's license issued for a period of three years or less shall be twenty dollars.

            8. The fee for a duplicate commercial driver's license shall be twenty dollars.

            9. In order for the director to properly transition driver's license requirements under the Motor Carrier Safety Improvement Act of 1999 and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001, the director is authorized to stagger expiration dates and make adjustments for any fees, including driver examination fees that are incurred by the driver as a result of the initial issuance of a transitional license required to comply with such acts.

            10. Within thirty days after moving to this state, the holder of a commercial driver's license shall apply for a commercial driver's license in this state. The applicant shall meet all other requirements of sections 302.700 to 302.780, except that the director may waive the driving test for a commercial driver's license as required in section 302.720 if the applicant for a commercial driver's license has a valid commercial driver's license from a state which has requirements for issuance of such license comparable to those in this state.

            11. Any person who falsifies any information in an application or test for a commercial driver's license shall not be licensed to operate a commercial motor vehicle, or the person's commercial driver's license shall be [cancelled] canceled, for a period of one year after the director discovers such falsification.

            12. Beginning July 1, 2005, the director shall not issue a commercial driver's license under this section unless the director verifies that the applicant is lawfully present in the United States before accepting the application. If lawful presence is granted for a temporary period, no commercial driver's license shall be issued. The director may, by rule or regulation, establish procedures to verify the lawful presence of the applicant and establish the duration of any commercial driver's license issued under this section. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to chapter 536.

            13. (1) Effective December 19, 2005, notwithstanding any provisions of subsections 1 and 5 of this section to the contrary, the director may issue a [nonresident] nondomiciled commercial driver's license or commercial driver's instruction permit to a resident of a foreign jurisdiction if the United States Secretary of Transportation has determined that the commercial motor vehicle testing and licensing standards in the foreign jurisdiction do not meet the testing standards established in 49 [C.F.R. Part] CFR 383.

            (2) Any applicant for a [nonresident] nondomiciled commercial driver's license or commercial driver's instruction permit must present evidence satisfactory to the director that the applicant currently has employment with an employer in this state. The [nonresident] nondomiciled applicant must meet the same testing, driver record requirements, conditions, and is subject to the same disqualification and conviction reporting requirements applicable to resident commercial drivers.

            (3) The [nonresident] nondomiciled commercial driver's license will expire on the same date that the documents establishing lawful presence for employment expire. The word ["nonresident"] "nondomiciled" shall appear on the face of the [nonresident] nondomiciled commercial driver's license. Any applicant for a Missouri [nonresident] nondomiciled commercial driver's license or commercial driver's instruction permit must first surrender any [nonresident] nondomiciled commercial driver's license issued by another state.

            (4) The [nonresident] nondomiciled commercial driver's license applicant must pay the same fees as required for the issuance of a resident commercial driver's license or commercial driver's instruction permit.

            14. Foreign jurisdiction for purposes of issuing a [nonresident] nondomiciled commercial driver's license or commercial driver's instruction permit under this section shall not include any of the fifty states of the United States or Canada or Mexico.

            302.740. 1. The commercial driver's license shall be manufactured of materials and processes that will prohibit as nearly as possible the ability to reproduce, alter, counterfeit, forge, or duplicate any license without ready detection. Such license shall include, but not be limited to, the following information: a colored photograph of the person, the legal name and address of the person, a physical description of the person, including sex, height, weight and eye color, the person's [Social Security number] driver's license number or such other number or identifier deemed appropriate by the director or the [secretary] Secretary, the date of birth, class or type of commercial motor vehicle or vehicles which the person is authorized to drive, the name of this state, and the words "COMMERCIAL DRIVER'S LICENSE" or "CDL", the dates of issuance and expiration, the person's signature and such other information as the director prescribes.

            2. Before issuing a commercial driver's license, the director shall obtain driving record information from sources including, but not limited to, the national driver's register, the commercial driver's license information system, and any state driver's licensing system in which the person has been licensed; except that the director shall only be required to obtain the complete driving record from each state the person has ever been licensed in when such person is issued an initial commercial driver's license or renews his or her commercial driver's license for the first time. The director shall maintain a notation in the driving record system of the date when he or she has obtained the driving records from all other states which the person has been licensed.

            3. Within ten days after issuing a commercial driver's license, the director shall notify the commercial driver's license information system of such fact, providing all information required to ensure identification of the person. For the purpose of this subsection, the date of issuance shall be the date the commercial driver's license is mailed to the applicant.

            4. The commercial driver's license shall indicate the class of vehicle the person may drive and any applicable endorsements or restrictions. Commercial driver's license classifications, endorsements and restrictions shall be in compliance with the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Pub. Law 99-570) and those prescribed by the director. The commercial driver's license driving record shall contain a complete history of the driver, including information and convictions from previous states of licensure.

            5. The commercial driver's instruction permit shall include but not be limited to the same data elements as a commercial driver's license and the words "CDL PERMIT" or "COMMERCIAL LEARNER PERMIT" and such other information as the director or Secretary prescribes.

            302.755. 1. A person is disqualified from driving a commercial motor vehicle for a period of not less than one year if convicted of a first violation of:

            (1) Driving a motor vehicle under the influence of alcohol or a controlled substance, or of an alcohol-related enforcement contact as defined in subsection 3 of section 302.525;

            (2) Driving a commercial motor vehicle which causes a fatality through the negligent operation of the commercial motor vehicle, including but not limited to the crimes of vehicular manslaughter, homicide by motor vehicle, and negligent homicide;

            (3) Driving a commercial motor vehicle while revoked pursuant to section 302.727;

            (4) Leaving the scene of an accident involving a commercial or noncommercial motor vehicle operated by the person;

            (5) Using a commercial or noncommercial motor vehicle in the commission of any felony, as defined in section 302.700, except a felony as provided in subsection 4 of this section

            2. If any of the violations described in subsection 1 of this section occur while transporting a hazardous material the person is disqualified for a period of not less than three years.

            3. Any person is disqualified from operating a commercial motor vehicle for life if convicted of two or more violations of any of the offenses specified in subsection 1 of this section, or any combination of those offenses, arising from two or more separate incidents. The director may issue rules and regulations, in accordance with guidelines established by the [secretary] Secretary, under which a disqualification for life under this section may be reduced to a period of not less than ten years.

            4. Any person is disqualified from driving a commercial motor vehicle for life who uses a commercial or noncommercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance.

            5. Any person is disqualified from operating a commercial motor vehicle for a period of not less than sixty days if convicted of two serious traffic violations or one hundred twenty days if convicted of three serious traffic violations, arising from separate incidents occurring within a three-year period.

            6. Any person found to be operating a commercial motor vehicle while having any measurable alcohol concentration shall immediately be issued a continuous twenty-four-hour out-of-service order by a law enforcement officer in this state.

            7. Any person who is convicted of operating a commercial motor vehicle beginning at the time of issuance of the out-of-service order until its expiration is guilty of a class A misdemeanor.

            8. Any person convicted for the first time of driving while out of service shall be disqualified from driving a commercial motor vehicle in the manner prescribed in 49 CFR [Part] 383, or as amended by the Secretary.

            9. Any person convicted of driving while out of service on a second occasion during any ten-year period, involving separate incidents, shall be disqualified in the manner prescribed in 49 CFR [Part] 383, or as amended by the Secretary.

            10. Any person convicted of driving while out of service on a third or subsequent occasion during any ten-year period, involving separate incidents, shall be disqualified for a period of three years.

            11. Any person convicted of a first violation of an out-of-service order while transporting hazardous materials or while operating a motor vehicle designed to transport sixteen or more passengers, including the driver, is disqualified for a period of one hundred eighty days.

            12. Any person convicted of any subsequent violation of an out-of-service order in a separate incident within ten years after a previous violation, while transporting hazardous materials or while operating a motor vehicle designed to transport fifteen passengers, including the driver, is disqualified for a period of three years.

            13. Any person convicted of any other offense as specified by regulations promulgated by the Secretary of Transportation shall be disqualified in accordance with such regulations.

            14. After suspending, revoking, [cancelling] canceling, or disqualifying a driver, the director shall update records to reflect such action and notify a nonresident's licensing authority and the commercial driver's license information system within ten days in the manner prescribed in 49 CFR [Part] 384, or as amended by the Secretary.

            15. Any person disqualified from operating a commercial motor vehicle pursuant to subsection 1, 2, 3 or 4 of this section shall have such commercial driver's license [cancelled] canceled, and upon conclusion of the period of disqualification shall take the written and driving tests and meet all other requirements of sections 302.700 to 302.780. Such disqualification and cancellation shall not be withdrawn by the director until such person reapplies for a commercial driver's license in this or any other state after meeting all requirements of sections 302.700 to 302.780.

            16. The director shall disqualify a driver upon receipt of notification that the Secretary has determined a driver to be an imminent hazard pursuant to 49 CFR[, Part] 383.52. Due process of a disqualification determined by the Secretary pursuant to this section shall be held in accordance with regulations promulgated by the Secretary. The period of disqualification determined by the Secretary pursuant to this section shall be served concurrently to any other period of disqualification which may be imposed by the director pursuant to this section. Both disqualifications shall appear on the driving record of the driver.

            17. The director shall disqualify a commercial license holder or operator of a commercial motor vehicle from operation of any commercial motor vehicle upon receipt of a conviction for an offense of failure to appear or pay, and such disqualification shall remain in effect until the director receives notice that the person has complied with the requirement to appear or pay.

            18. The disqualification period must be in addition to any other previous periods of disqualification in the manner prescribed in 49 CFR 383, or as amended by the Secretary, except when the major or serious violations are a result of the same incident.

            304.013. 1. No person shall operate an all-terrain vehicle, as defined in section 301.010, upon the highways of this state, except as follows:

            (1) All-terrain vehicles owned and operated by a governmental entity for official use;

            (2) All-terrain vehicles operated for agricultural purposes or industrial on-premises purposes between the official sunrise and sunset on the day of operation;

            (3) All-terrain vehicles operated by handicapped persons for short distances occasionally only on the state's secondary roads when operated between the hours of sunrise and sunset;

            (4) Governing bodies of cities may issue special permits to licensed drivers for special uses of all-terrain vehicles on highways within the city limits. Fees of fifteen dollars may be collected and retained by cities for such permits;

            (5) Governing bodies of counties may issue special permits to licensed drivers for special uses of all-terrain vehicles on county roads within the county. Fees of fifteen dollars may be collected and retained by the counties for such permits;

            (6) Municipalities may by resolution or ordinance allow all-terrain vehicle operation on streets or highways under the governing body's jurisdiction. Any person operating an all-terrain vehicle pursuant to a municipal resolution or ordinance shall maintain proof of financial responsibility in accordance with section 303.160 or maintain any other insurance policy providing equivalent liability coverage for an all-terrain vehicle.

            2. No person shall operate an off-road vehicle within any stream or river in this state, except that off-road vehicles may be operated within waterways which flow within the boundaries of land which an off-road vehicle operator owns, or for agricultural purposes within the boundaries of land which an off-road vehicle operator owns or has permission to be upon, or for the purpose of fording such stream or river of this state at such road crossings as are customary or part of the highway system. All law enforcement officials or peace officers of this state and its political subdivisions or department of conservation agents or department of natural resources park rangers shall enforce the provisions of this subsection within the geographic area of their jurisdiction.

            3. A person operating an all-terrain vehicle on a highway pursuant to an exception covered in this section shall have a valid operator's or chauffeur's license, except that a handicapped person operating such vehicle pursuant to subdivision (3) of subsection 1 of this section, but shall not be required to have passed an examination for the operation of a motorcycle, and the vehicle shall be operated at speeds of less than thirty miles per hour. When operated on a highway, an all-terrain vehicle shall have a bicycle safety flag, which extends not less than seven feet above the ground, attached to the rear of the vehicle. The bicycle safety flag shall be triangular in shape with an area of not less than thirty square inches and shall be day-glow in color.

            4. No persons shall operate an all-terrain vehicle:

            (1) In any careless way so as to endanger the person or property of another;

            (2) While under the influence of alcohol or any controlled substance;

            (3) Without a securely fastened safety helmet on the head of an individual who operates an all-terrain vehicle or who is being towed or otherwise propelled by an all-terrain vehicle, unless the individual is at least eighteen years of age.

            5. No operator of an all-terrain vehicle shall carry a passenger, except for agricultural purposes. The provisions of this subsection shall not apply to any all-terrain vehicle in which the seat of such vehicle is designed to carry more than one person.

            6. A violation of this section shall be a class C misdemeanor. In addition to other legal remedies, the attorney general or county prosecuting attorney may institute a civil action in a court of competent jurisdiction for injunctive relief to prevent such violation or future violations and for the assessment of a civil penalty not to exceed one thousand dollars per day of violation.

            304.032. 1. No person shall operate a utility vehicle, as defined in section 301.010, upon the highways of this state, except as follows:

            (1) Utility vehicles owned and operated by a governmental entity for official use;

            (2) Utility vehicles operated for agricultural purposes or industrial on-premises purposes between the official sunrise and sunset on the day of operation, unless equipped with proper lighting;

            (3) Utility vehicles operated by handicapped persons for short distances occasionally only on the state's secondary roads when operated between the hours of sunrise and sunset;

            (4) Governing bodies of cities may issue special permits for utility vehicles to be used on highways within the city limits by licensed drivers. Fees of fifteen dollars may be collected and retained by cities for such permits;

            (5) Governing bodies of counties may issue special permits for utility vehicles to be used on county roads within the county by licensed drivers. Fees of fifteen dollars may be collected and retained by the counties for such permits;

            (6) Municipalities may by resolution or ordinance allow utility vehicle operation on streets or highways under the governing body's jurisdiction. Any person operating a utility vehicle pursuant to a municipal resolution or ordinance shall maintain proof of financial responsibility in accordance with section 303.160 or maintain any other insurance policy providing equivalent liability coverage for a utility vehicle.

            2. No person shall operate a utility vehicle within any stream or river in this state, except that utility vehicles may be operated within waterways which flow within the boundaries of land which a utility vehicle operator owns, or for agricultural purposes within the boundaries of land which a utility vehicle operator owns or has permission to be upon, or for the purpose of fording such stream or river of this state at such road crossings as are customary or part of the highway system. All law enforcement officials or peace officers of this state and its political subdivisions or department of conservation agents or department of natural resources park rangers shall enforce the provisions of this subsection within the geographic area of their jurisdiction.

            3. A person operating a utility vehicle on a highway pursuant to an exception covered in this section shall have a valid operator's or chauffeur's license, except that a handicapped person operating such vehicle under subdivision (3) of subsection 1 of this section, but shall not be required to have passed an examination for the operation of a motorcycle, and the vehicle shall be operated at speeds of less than forty-five miles per hour.

            4. No persons shall operate a utility vehicle:

            (1) In any careless way so as to endanger the person or property of another; or

            (2) While under the influence of alcohol or any controlled substance.

            5. No operator of a utility vehicle shall carry a passenger, except for agricultural purposes. The provisions of this subsection shall not apply to any utility vehicle in which the seat of such vehicle is designed to carry more than one person.

            6. A violation of this section shall be a class C misdemeanor. In addition to other legal remedies, the attorney general or county prosecuting attorney may institute a civil action in a court of competent jurisdiction for injunctive relief to prevent such violation or future violations and for the assessment of a civil penalty not to exceed one thousand dollars per day of violation.

            304.120. 1. Municipalities, by ordinance, may establish reasonable speed regulations for motor vehicles within the limits of such municipalities. No person who is not a resident of such municipality and who has not been within the limits thereof for a continuous period of more than forty-eight hours shall be convicted of a violation of such ordinances, unless it is shown by competent evidence that there was posted at the place where the boundary of such municipality joins or crosses any highway a sign displaying in black letters not less than four inches high and one inch wide on a white background the speed fixed by such municipality so that such sign may be clearly seen by operators and drivers from their vehicles upon entering such municipality.

            2. Municipalities, by ordinance, may:

            (1) Make additional rules of the road or traffic regulations to meet their needs and traffic conditions;

            (2) Establish one-way streets and provide for the regulation of vehicles thereon;

            (3) Require vehicles to stop before crossing certain designated streets and boulevards;

            (4) Limit the use of certain designated streets and boulevards to passenger vehicles, except that each municipality shall allow at least one route, with lawful traffic movement and access from both directions, to be available for use by commercial motor vehicles to access any roads in the state highway system. Under no circumstances shall the provisions of this subdivision be construed to authorize a municipality to limit the use of all routes in the municipality;

            (5) Prohibit the use of certain designated streets to vehicles with metal tires, or solid rubber tires;

            (6) Regulate the parking of vehicles on streets by the installation of parking meters for limiting the time of parking and exacting a fee therefor or by the adoption of any other regulatory method that is reasonable and practical, and prohibit or control left-hand turns of vehicles;

            (7) Require the use of signaling devices on all motor vehicles; and

            (8) Prohibit sound-producing warning devices, except horns directed forward.

            3. No ordinance shall be valid which contains provisions contrary to or in conflict with this chapter, except as herein provided.

            4. No ordinance shall impose liability on the owner-lessor of a motor vehicle when the vehicle is being permissively used by a lessee and is illegally parked or operated if the registered owner-lessor of such vehicle furnishes the name, address and operator's license number of the person renting or leasing the vehicle at the time the violation occurred to the proper municipal authority within three working days from the time of receipt of written request for such information. Any registered owner-lessor who fails or refuses to provide such information within the period required by this subsection shall be liable for the imposition of any fine established by municipal ordinance for the violation. Provided, however, if a leased motor vehicle is illegally parked due to a defect in such vehicle, which renders it inoperable, not caused by the fault or neglect of the lessee, then the lessor shall be liable on any violation for illegal parking of such vehicle.

            5. No ordinance shall deny the use of commercial motor vehicles on all routes within the municipality. For purposes of this section, the term "route" shall mean any state road, county road, or public street, avenue, boulevard, or parkway.

            6. No ordinance shall prohibit the operator of a motor vehicle from being in an intersection while a red signal is being displayed if the operator of the motor vehicle entered the intersection during a yellow signal interval. The provisions of this subsection shall supercede any local laws, ordinances, orders, rules, or regulations enacted by a county, municipality, or other political subdivision that are to the contrary.

            304.180. 1. No vehicle or combination of vehicles shall be moved or operated on any highway in this state having a greater weight than twenty thousand pounds on one axle, no combination of vehicles operated by transporters of general freight over regular routes as defined in section 390.020 shall be moved or operated on any highway of this state having a greater weight than the vehicle manufacturer's rating on a steering axle with the maximum weight not to exceed twelve thousand pounds on a steering axle, and no vehicle shall be moved or operated on any state highway of this state having a greater weight than thirty-four thousand pounds on any tandem axle; the term "tandem axle" shall mean a group of two or more axles, arranged one behind another, the distance between the extremes of which is more than forty inches and not more than ninety-six inches apart.

            2. An "axle load" is defined as the total load transmitted to the road by all wheels whose centers are included between two parallel transverse vertical planes forty inches apart, extending across the full width of the vehicle.

            3. Subject to the limit upon the weight imposed upon a highway of this state through any one axle or on any tandem axle, the total gross weight with load imposed by any group of two or more consecutive axles of any vehicle or combination of vehicles shall not exceed the maximum load in pounds as set forth in the following table:

Distance in feet between the extremes

of any group of two or more consecutive

axles, measured to the nearest foot,

except where indicated otherwise

Maximum load in pounds

feet

2 axles

3 axles

4 axles

5 axles

6 axles

 4

 34,000

 

 

 

 

 5

 34,000

 

 

 

 

 6

 34,000

 

 

 

 

 7

 34,000

 

 

 

 

 8

34,000

34,000

 

 

 

More than 8

38,000

42,000

 

 

 

 9

39,000

42,500

 

 

 

 10

40,000

43,500

 

 

 

 11

40,000

44,000

 

 

 

 12

40,000

45,000

50,000

 

 

 13

40,000

45,500

50,500

 

 

 14

40,000

46,500

51,500

 

 

 15

40,000

47,000

52,000

 

 

 16

40,000

48,000

52,500

58,000

 

 17

40,000

48,500

53,500

58,500

 

 18

40,000

49,500

54,000

59,000

 

 19

40,000

50,000

54,500

60,000

 

 20

40,000

51,000

55,500

60,500

66,000

 21

40,000

51,500

56,000

61,000

66,500

 22

40,000

52,500

56,500

61,500

67,000

 23

40,000

53,000

57,500

62,500

68,000

 24

40,000

54,000

58,000

63,000

68,500

 25

40,000

54,500

58,500

63,500

69,000

 26

40,000

55,500

59,500

64,000

69,500

 27

40,000

56,000

60,000

65,000

70,000

 28

40,000

57,000

60,500

65,500

71,000

 29

40,000

57,500

61,500

66,000

71,500

 30

40,000

58,500

62,000

66,500

72,000

 31

40,000

59,000

62,500

67,500

72,500

 32

40,000

60,000

63,500

68,000

73,000

 33

40,000

60,000

64,000

68,500

74,000

 34

40,000

60,000

64,500

69,000

74,500

 35

40,000

60,000

65,500

70,000

75,000

 36

 

60,000

66,000

70,500

75,500

 37

 

60,000

66,500

71,000

76,000

 38

 

60,000

67,500

72,000

77,000

 39

 

60,000

68,000

72,500

77,500

 40

 

60,000

68,500

73,000

78,000

 41

 

60,000

69,500

73,500

78,500

 42

 

60,000

70,000

74,000

79,000

 43

 

60,000

70,500

75,000

80,000

 44

 

60,000

71,500

75,500

80,000

 45

 

60,000

72,000

76,000

80,000

 46

 

60,000

72,500

76,500

80,000

 47

 

60,000

73,500

77,500

80,000

 48

 

60,000

74,000

78,000

80,000

 49

 

60,000

74,500

78,500

80,000

 50

 

60,000

75,500

79,000

80,000

 51

 

60,000

76,000

80,000

80,000

 52

 

60,000

76,500

80,000

80,000

 53

 

60,000

77,500

80,000

80,000

 54

 

60,000

78,000

80,000

80,000

 55

 

60,000

78,500

80,000

80,000

 56

 

60,000

79,500

80,000

80,000

 57

 

60,000

80,000

80,000

80,000

 

Notwithstanding the above table, two consecutive sets of tandem axles may carry a gross load of thirty-four thousand pounds each if the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six feet or more.

            4. Whenever the state highways and transportation commission finds that any state highway bridge in the state is in such a condition that use of such bridge by vehicles of the weights specified in subsection 3 of this section will endanger the bridge, or the users of the bridge, the commission may establish maximum weight limits and speed limits for vehicles using such bridge. The governing body of any city or county may grant authority by act or ordinance to the state highways and transportation commission to enact the limitations established in this section on those roadways within the purview of such city or county. Notice of the weight limits and speed limits established by the commission shall be given by posting signs at a conspicuous place at each end of any such bridge.

            5. Nothing in this section shall be construed as permitting lawful axle loads, tandem axle loads or gross loads in excess of those permitted under the provisions of Section 127 of Title 23 of the United States Code.

            6. Notwithstanding the weight limitations contained in this section, any vehicle or combination of vehicles operating on highways other than the interstate highway system may exceed single axle, tandem axle and gross weight limitations in an amount not to exceed two thousand pounds. However, total gross weight shall not exceed eighty thousand pounds, except as provided in subsections 9 and 10 of this section.

            7. Notwithstanding any provision of this section to the contrary, the department of transportation shall issue a single-use special permit, or upon request of the owner of the truck or equipment, shall issue an annual permit, for the transporting of any concrete pump truck or well-drillers' equipment. The department of transportation shall set fees for the issuance of permits pursuant to this subsection. Notwithstanding the provisions of section 301.133, concrete pump trucks or well-drillers' equipment may be operated on state-maintained roads and highways at any time on any day.

            8. Notwithstanding the provision of this section to the contrary, the maximum gross vehicle limit and axle weight limit for any vehicle or combination of vehicles equipped with an idle reduction technology may be increased by a quantity necessary to compensate for the additional weight of the idle reduction system as provided for in 23 U.S.C. Section 127, as amended. In no case shall the additional weight increase allowed by this subsection be greater than [four] five hundred fifty pounds. Upon request by an appropriate law enforcement officer, the vehicle operator shall provide proof that the idle reduction technology is fully functional at all times and that the gross weight increase is not used for any purpose other than for the use of idle reduction technology.

            9. Notwithstanding subsection 3 of this section or any other provision of law to the contrary, the total gross weight of any vehicle or combination of vehicles hauling livestock may be as much as, but shall not exceed, eighty-five thousand five hundred pounds while operating on U.S. Highway 36 from St. Joseph to U.S. Highway 63, on U.S. Highway 65 from the Iowa state line to U.S. Highway 36, and on U.S. Highway 63 from the Iowa state line to U.S. Highway 36, and on U.S. Highway 63 from U.S. Highway 36 to Missouri Route 17. The provisions of this subsection shall not apply to vehicles operated on the Dwight D. Eisenhower System of Interstate and Defense Highways.

            10. Notwithstanding any provision of this section or any other law to the contrary, the total gross weight of any vehicle or combination of vehicles hauling milk from a farm to a processing facility may be as much as, but shall not exceed, eighty-five thousand five hundred pounds while operating on highways other than the interstate highway system. The provisions of this subsection shall not apply to vehicles operated and operating on the Dwight D. Eisenhower System of Interstate and Defense Highways.

            304.820. 1. Except as otherwise provided in this section, no person twenty-one years of age or younger operating a moving motor vehicle upon the highways of this state shall, by means of a hand-held electronic wireless communications device, send, read, or write a text message or electronic message.

            2. Except as otherwise provided in this section, no person shall operate a commercial motor vehicle while using a hand-held mobile telephone.

            3. Except as otherwise provided in this section, no person shall operate a commercial motor vehicle while using a wireless communications device to send, read, or write a text message or electronic message.

            4. The provisions of subsection 1 through subsection 3 of this section shall not apply to a person operating:

            (1) An authorized emergency vehicle; or

            (2) A moving motor vehicle while using a hand-held electronic wireless communications device to:

            (a) Report illegal activity;

            (b) Summon medical or other emergency help;

            (c) Prevent injury to a person or property; or

            (d) Relay information between a transit or for-hire operator and that operator's dispatcher, in which the device is permanently affixed to the vehicle.

            [3.] 5. Nothing in this section shall be construed or interpreted as prohibiting a person from making or taking part in a telephone call, by means of a hand-held electronic wireless communications device, while operating a noncommercial motor vehicle upon the highways of this state.

            [4.] 6. As used in this section, "electronic message" means a self-contained piece of digital communication that is designed or intended to be transmitted between hand-held electronic wireless communication devices. "Electronic message" includes, but is not limited to, electronic mail, a text message, an instant message, or a command or request to access an internet site.

            [5.] 7. As used in this section, "hand-held electronic wireless communications device" includes any hand-held cellular phone, palm pilot, blackberry, or other mobile electronic device used to communicate verbally or by text or electronic messaging, but shall not apply to any device that is permanently embedded into the architecture and design of the motor vehicle.

            [6.] 8. As used in this section, "making or taking part in a telephone call" means listening to or engaging in verbal communication through a hand-held electronic wireless communication device.

            [7.] 9. As used in this section, "send, read, or write a text message or electronic message" means using a hand-held electronic wireless telecommunications device to manually communicate with any person by using an electronic message. Sending, reading, or writing a text message or electronic message does not include reading, selecting, or entering a phone number or name into a hand-held electronic wireless communications device for the purpose of making a telephone call.

            [8.] 10. A violation of this section shall be deemed an infraction and shall be deemed a moving violation for purposes of point assessment under section 302.302.

            [9.] 11. The state preempts the field of regulating the use of hand-held electronic wireless communications devices in motor vehicles, and the provisions of this section shall supercede any local laws, ordinances, orders, rules, or regulations enacted by a county, municipality, or other political subdivision to regulate the use of hand-held electronic wireless communication devices by the operator of a motor vehicle.

            [10.] 12. The provisions of this section shall not apply to:

            (1) The operator of a vehicle that is lawfully parked or stopped;

            (2) Any of the following while in the performance of their official duties: a law enforcement officer; a member of a fire department; or the operator of a public or private ambulance;

            (3) The use of factory-installed or aftermarket global positioning systems (GPS) or wireless communications devices used to transmit or receive data as part of a digital dispatch system;

            (4) The use of voice-operated technology;

            (5) The use of two-way radio transmitters or receivers by a licensee of the Federal Communications Commission in the Amateur Radio Service.

            304.890. As used in sections 304.890 to 304.894, the following terms shall mean:

            (1) "Active emergency", any incident occurring on a highway, as the term "highway" is defined in section 302.010, that requires emergency services from any emergency responder;

            (2) "Active emergency zone", any area upon or around any highway, which is visibly marked by emergency responders performing work for the purpose of emergency response, and where an active emergency, or incident removal, is temporarily occurring. This area includes the lanes of highway leading up to an active emergency or incident removal, beginning within three hundred feet of visual sighting of:

            (a) Appropriate signs or traffic control devices posted or placed by emergency responders; or

            (b) An emergency vehicle displaying active emergency lights or signals;

            (3) "Emergency responder", any law enforcement officer, paid or volunteer firefighter, first responder, emergency medical worker, tow truck operator, or other emergency personnel responding to an emergency on a highway.

            304.892. 1. Upon the first conviction, finding of guilt, or plea of guilty by any person for a moving violation, as the term "moving violation" is defined in section 302.010, or any offense listed in section 302.302, other than a violation described in subsection 2 of this section, when the violation or offense occurs within an active emergency zone, the court shall assess a fine of thirty-five dollars in addition to any other fine authorized by law. Upon a second or subsequent conviction, finding of guilt, or plea of guilty, the court shall assess a fine of seventy-five dollars in addition to any other fine authorized by law.

            2. Upon the first conviction, finding of guilt, or plea of guilty by any person for a speeding violation under either section 304.009 or 304.010, or a passing violation under subsection 3 of this section, when the violation or offense occurs within an active emergency zone and emergency responders were present in such zone at the time of the offense or violation, the court shall assess a fine of two hundred fifty dollars in addition to any other fine authorized by law. Upon a second or subsequent conviction, finding of guilt, or plea of guilty, the court shall assess a fine of three hundred dollars in addition to any other fine authorized by law. However, no person assessed an additional fine under this subsection shall also be assessed an additional fine under subsection 1 of this section.

            3. The driver of a motor vehicle shall not overtake or pass another motor vehicle within an active emergency zone. Violation of this subsection is a class C misdemeanor.

            4. The additional fines imposed by this section shall not be construed to enhance the assessment of court costs or the assessment of points under section 302.302.

            304.894. 1. A person commits the offense of endangerment of an emergency responder for any of the following offenses when the offense occurs within an active emergency zone:

            (1) Exceeding the posted speed limit by fifteen miles per hour or more;

            (2) Passing in violation of subsection 3 of section 304.892;

            (3) Failure to stop for an active emergency zone flagman or emergency responder, or failure to obey traffic control devices erected, or personnel posted, in the active emergency zone for purposes of controlling the flow of motor vehicles through the zone;

            (4) Driving through or around an active emergency zone via any lane not clearly designated for motorists to control the flow of traffic through or around the active emergency zone;

            (5) Physically assaulting, attempting to assault, or threatening to assault an emergency responder with a motor vehicle or other instrument; or

            (6) Intentionally striking, moving, or altering barrels, barriers, signs, or other devices erected to control the flow of traffic to protect emergency responders and motorists unless the action was necessary to avoid an obstacle, an emergency, or to protect the health and safety of an occupant of the motor vehicle or of another person.

            2. Upon a finding of guilt or a plea of guilty for committing the offense of endangerment of an emergency responder under subsection 1 of this section, if no injury or death to an emergency responder resulted from the offense, the court shall assess a fine of not more than one thousand dollars, and four points shall be assessed to the operator's license pursuant to section 302.302.

            3. A person commits the offense of aggravated endangerment of an emergency responder upon a finding of guilt or a plea of guilty for any offense under subsection 1 of this section when such offense results in the injury or death of an emergency responder. Upon a finding of guilt or a plea of guilty for committing the offense of aggravated endangerment of an emergency responder, in addition to any other penalty authorized by law, the court shall assess a fine of not more than five thousand dollars if the offense resulted in injury to an emergency responder, and ten thousand dollars if the offense resulted in the death of an emergency responder. In addition, twelve points shall be assessed to the operator's license pursuant to section 302.302 upon conviction.

            4. Except for the offense established under subdivision (6) of subsection 1 of this section, no person shall be deemed to have committed the offense of endangerment of an emergency responder except when the act or omission constituting the offense occurred when one or more emergency responders were responding to an active emergency.

            5. No person shall be cited for, or found guilty of, endangerment of an emergency responder or aggravated endangerment of an emergency responder for any act or omission otherwise constituting an offense under subsection 1 of this section if such act or omission resulted in whole or in part from mechanical failure of the person's vehicle, or from the negligence of another person or emergency responder.

            307.400. 1. It is unlawful for any person to operate any commercial motor vehicle as defined in Title 49, Code of Federal Regulations, Part 390.5, either singly or in combination with a trailer, as both vehicles are defined in Title 49, Code of Federal Regulations, Part 390.5, unless such vehicles are equipped and operated as required by Parts 390 through 397, Title 49, Code of Federal Regulations, as such regulations have been and may periodically be amended, whether intrastate transportation or interstate transportation. Members of the Missouri state highway patrol are authorized to enter the cargo area of a commercial motor vehicle or trailer to inspect the contents when reasonable grounds exist to cause belief that the vehicle is transporting hazardous materials as defined by Title 49 of the Code of Federal Regulations. The director of the department of public safety is hereby authorized to further regulate the safety of commercial motor vehicles and trailers as he deems necessary to govern and control their operation on the public highways of this state by promulgating and publishing rules and regulations consistent with this chapter. Any such rules shall, in addition to any other provisions deemed necessary by the director, require:

            (1) Every commercial motor vehicle and trailer and all parts thereof to be maintained in a safe condition at all times;

            (2) Accidents arising from or in connection with the operation of commercial motor vehicles and trailers to be reported to the department of public safety in such detail and in such manner as the director may require. Except for the provisions of subdivisions (1) and (2) of this subsection, the provisions of this section shall not apply to any commercial motor vehicle operated in intrastate commerce and licensed for a gross weight of sixty thousand pounds or less when used exclusively for the transportation of solid waste or forty-two thousand pounds or less when the license plate has been designated for farm use by the letter "F" as authorized by the Revised Statutes of Missouri, unless such vehicle is transporting hazardous materials as defined in Title 49, Code of Federal Regulations.

            2. Notwithstanding the provisions of subsection 1 of this section to the contrary, Part 391, Subpart E, Title 49, Code of Federal Regulations, relating to the physical requirements of drivers shall not be applicable to drivers in intrastate commerce, provided such drivers were licensed by this state as chauffeurs to operate commercial motor vehicles on May 13, 1988. Persons who are otherwise qualified and licensed to operate a commercial motor vehicle in this state may operate such vehicle intrastate at the age of eighteen years or older, except that any person transporting hazardous material must be at least twenty-one years of age.

            3. Commercial motor vehicles and drivers of such vehicles may be placed out of service if the vehicles are not equipped and operated according to the requirements of this section. Criteria used for placing vehicles and drivers out of service are the North American Uniform Out-of-Service Criteria adopted by the Commercial Vehicle Safety Alliance and the United States Department of Transportation, as such criteria have been and may periodically be amended.

            4. Notwithstanding the provisions of subsection 1 of this section to the contrary, Part 395, Title 49, Code of Federal Regulations, relating to the hours of drivers, shall not apply to any vehicle owned or operated by any public utility, rural electric cooperative or other public service organization, or to the driver of such vehicle, while providing restoration of essential utility services during emergencies and operating intrastate. For the purposes of this subsection, the term "essential utility services" means electric, gas, water, telephone and sewer services.

            5. [Part 395, Title 49, Code of Federal Regulations, relating to the hours of drivers, shall not apply to drivers transporting agricultural commodities or farm supplies for agricultural purposes in this state if such transportation:

            (1) Is limited to an area within a one hundred air-mile radius from the source of the commodities or the distribution point for the farm supplies; and

            (2) Is conducted during the planting and harvesting season within this state, as defined by the department of public safety by regulation.

            6. The provisions of Part 395.8, Title 49, Code of Federal Regulations, relating to recording of a driver's duty status, shall not apply to drivers engaged in agricultural operations referred to in subsection 5 of this section, if the motor carrier who employs the driver maintains and retains for a period of six months accurate and true records showing:

            (1) The total number of hours the driver is on duty each day; and

            (2) The time at which the driver reports for, and is released from, duty each day.

            7.] Notwithstanding the provisions of subsection 1 of this section to the contrary, Parts 390 through 397, Title 49, Code of Federal Regulations shall not apply to commercial motor vehicles operated in intrastate commerce to transport property, which have a gross vehicle weight rating or gross combination weight rating of twenty-six thousand pounds or less. The exception provided by this subsection shall not apply to:

            (1) Vehicles transporting hazardous materials [or to] and which are not covered farm vehicles as provided in subdivision (3) of this subsection;

            (2) Vehicles designed to transport sixteen or more passengers including the driver as defined by Title 49 of the Code of Federal Regulations; or

            (3) Vehicles which are defined as covered farm vehicles pursuant to federal laws and regulations and are transporting hazardous materials that require a placard as required by 49 CFR 100-180.

Nothing in this subsection shall be construed to prohibit persons designated by the department of public safety from inspecting vehicles defined in this subsection.

            [8.] 6. Violation of any provision of this section or any rule promulgated as authorized therein is a class B misdemeanor.

            [9.] 7. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2009, shall be invalid and void.

            407.300. 1. Every purchaser or collector of, or dealer in, junk, scrap metal, or any secondhand property shall keep a register containing a written or electronic record for each purchase or trade in which each type of metal subject to the provisions of this section is obtained for value. There shall be a separate record for each transaction involving any:

            (1) Copper, brass, or bronze;

            (2) Aluminum wire, cable, pipe, tubing, bar, ingot, rod, fitting, or fastener; [or]

            (3) Material containing copper or aluminum that is knowingly used for farming purposes as farming is defined in section 350.010; or

            (4) Catalytic converter;

 

whatever may be the condition or length of such metal. The record shall contain the following data: a copy of the driver's license or photo identification issued by the state or by the United States government or agency thereof to the person from whom the material is obtained, which shall contain a current address of the person from whom the material is obtained, and the date, time, and place of and a full description of each such purchase or trade including the quantity by weight thereof.

            2. The records required under this section shall be maintained for a minimum of twenty-four months from when such material is obtained and shall be available for inspection by any law enforcement officer.

            3. Anyone convicted of violating this section shall be guilty of a class A misdemeanor.             4. This section shall not apply to any of the following transactions:

            (1) Any transaction for which the total amount paid for all regulated scrap metal purchased or sold does not exceed fifty dollars, unless the scrap metal is a catalytic converter;

            (2) Any transaction for which the seller, including a farm or farmer, has an existing business relationship with the scrap metal dealer and is known to the scrap metal dealer making the purchase to be an established business or political subdivision that operates a business with a fixed location that can be reasonably expected to generate regulated scrap metal and can be reasonably identified as such a business; or

            (3) Any transaction for which the type of metal subject to subsection 1 of this section is a minor part of a larger item, except for equipment used in the generation and transmission of electrical power or telecommunications.

            544.157. 1. Any law enforcement officer certified pursuant to chapter 590 of any political subdivision of this state, any authorized agent of the department of conservation, any commissioned member of the Missouri capitol police, any college or university police officer, and any commissioned member of the Missouri state park rangers in fresh pursuit of a person who is reasonably believed by such officer to have committed a felony in this state or who has committed, or attempted to commit, in the presence of such officer or agent, any criminal offense or violation of a municipal or county ordinance, or for whom such officer holds a warrant of arrest for a criminal offense, shall have the authority to arrest and hold in custody such person anywhere in this state. Fresh pursuit may only be initiated from within the pursuing peace officer's, conservation agent's, capitol police officer's, college or university police officer's, or state park ranger's jurisdiction and shall be terminated once the pursuing peace officer is outside of such officer's jurisdiction and has lost contact with the person being pursued. If the offense is a traffic violation, the uniform traffic ticket shall be used as if the violator had been apprehended in the municipality or county in which the offense occurred.

            2. If such an arrest is made in obedience to a warrant, the disposition of the prisoner shall be made as in other cases of arrest under a warrant; if the violator is served with a uniform traffic ticket, the violator shall be directed to appear before a court having jurisdiction to try the offense; if the arrest is without a warrant, the prisoner shall be taken forthwith before a judge of a court with original criminal jurisdiction in the county wherein such arrest was made or before a municipal judge thereof having original jurisdiction to try such offense, who may release the person as provided in section 544.455, conditioned upon such person's appearance before the court having jurisdiction to try the offense. The person so arrested need not be taken before a judge as herein set out if given a summons by the arresting officer.

            3. The term "fresh pursuit", as used in this section, shall include hot or fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or is reasonably suspected of having committed a felony in this state, or who has committed or attempted to commit in this state a criminal offense or violation of municipal or county ordinance in the presence of the arresting officer referred to in subsection 1 of this section or for whom such officer holds a warrant of arrest for a criminal offense. It shall include also the pursuit of a person suspected of having committed a supposed felony in this state, though no felony has actually been committed, if there is reasonable ground for so believing. "Fresh pursuit" as used herein shall imply instant pursuit.

            4. A public agency electing to institute vehicular pursuits shall adopt a policy for the safe conduct of vehicular pursuits by peace officers. Such policy shall meet the following minimum standards:

            (1) There shall be supervisory control of the pursuit;

            (2) There shall be procedures for designating the primary pursuit vehicle and for determining the total number of vehicles to be permitted to participate at one time in the pursuit;

            (3) There shall be procedures for coordinating operation with other jurisdictions; and

            (4) There shall be guidelines for determining when the interests of public safety and effective law enforcement justify a vehicular pursuit and when a vehicular pursuit should not be initiated or should be terminated.

            Section 1. 1. The governor is hereby authorized and empowered to sell, transfer, grant, convey, remise, release and forever quitclaim all interest of the state of Missouri in real property located in Taney County to the state highways and transportation commission. The property to be conveyed is more particularly described as follows:

Tract One

Right of way for a Federal road 80 feet wide, except as noted.

That part of the SE¼ of the NW¼ and also of the NE¼ of SW¼ and also of the NW¼ of SE¼ and also of the SW¼ of SE¼ and also of the SE¼ of SW¼ all in Sec. 6, and also the NE¼ of NW¼ and also of the NW¼ of NE¼ in Sec. 7, all in T21N, R21W lying within a strip of land 80 feet wide, except as noted, 40 feet thereof, except as noted, being on each side of, parallel to and measured from a surveyed center line which is described as follows:

Beginning on the north line of and 720 feet east of the north west corner of the SE¼ of NW¼ of Sec. 6, T21N, R21W; thence south easterly on a curve to the right with 1146.3 feet radius, the tangent to which bears S 31°56’E, 243 feet; thence S 19°47’E a distance of 391 feet; thence continuing S 19°47’E with 40 feet on the right side and 55 feet on the left side of the said center line, a distance of 200 feet; thence continuing S 19°47’E with 40 feet on each side of the said center line, a distance of 240 feet; thence continuing S 19°47’E with 60 feet on the right side of and 40 feet on the left side of the said center line, a distance of 110 feet; thence continuing S 19°47’E with 40 feet on both sides of the center line, a distance of 1405.4 feet; thence on a curve to the right with 819 feet radius, a distance of 534.8 feet; thence S 17°39’W a distance of 683.5 feet; thence on a curve to the left with 637.8 feet radius, a distance of 421.1 feet; thence S 20°15’E a distance of 560.3 feet; thence on a curve to the left with 955.4 feet radius, a distance of 366.7 feet; thence S 42°15’E with 40 feet on the right side of and 60 feet on the left side of the said center line, a distance of 118.3 feet; thence S 42°15’E with 40 feet on each side of the said center line, a distance of 230 feet, to the south line of and 270 feet more or less east of the south west corner of the said NW¼ of NE¼ of Sec. 7.

Containing right of way old 4.60 acres, more or less

                         new 5.68 ""

total 10.28 ""

Tract TwoRight of way for a Federal road 80 feet wide, except as noted.

That part of the SW¼ of NE¼ of Sec. 7, T21N, R21W lying on the west side of the present road and included within a tract of land 80 feet wide, except as noted, 40 feet of which, except as noted, is on each side of, parallel to and measured from a surveyed center line which is described as follows:

Beginning on the north line of and 270 feet east of the north west corner of the SW¼ of NE¼ of Sec. 7, T21N, R21W; thence S 42° 15’E a distance of 245 feet; thence continuing S 42°15’E with 40 feet on the right side of and 55 feet on the left side of the said center line, a distance of 48.8 feet; thence on a curve to the right with 716.8 feet radius and continuing 40 feet on the right side of and 55 feet on the left side of the said center line, a distance of 76.2 feet; thence continuing on the same curve with 40 feet on both sides of the said center line, a distance of 250 feet to the property line between W.R. Carey and C.N. McElfresh, being approximately 540 feet south of and 570 feet east of the north west corner of the said SW¼ of NE¼ of Sec. 7.

Containing right of way old 0.16 acres, more or less

new 0.03 ""

             total 0.21 ""

Tract ThreeRight of way for a Federal road 80 feet wide, except as noted.

That part of the SW¼ of NE¼ of Sec. 7, T21N, R21W lying on the east side of the present road, and included within a tract of land 80 feet wide, except as noted, 40 feet of which, except as noted, is on each side of, parallel to and measured from a surveyed center line, which is described as follows:

Beginning on the north line of and 270 feet east of the north west corner of the SW¼ of NE¼ of Sec. 7, T21N, R21W; thence S 42°15’E a distance of 245 feet; thence continuing S 42°15’E with 40 feet on the right side of and 55 feet on the left side of the said center line a distance of 25 feet to a point on the property line between V.T. Jones and C.N. McElfreh, being about 210 feet south of and 420 feet east of the northwest corner of the said SW¼ of NE¼ of Sec. 7.

Containing right of way old 0.09 acres, more or less

new 0.30 ""

total 0.39 ""

Tract Four

Right of way for a Federal road 80 feet wide, except as noted.

That part of the SW¼ of NE¼ of Sec. 7, T21N, R21W lying within a tract of land 80 feet wide, except as noted, 40 feet of which, except as noted, is on each side of, parallel to and measured from a surveyed center line. Said tract is bounded and described as follows:

Beginning 210 feet south of and 420 feet east of the north west corner of the SW¼ of NE¼ of Sec. 7, T21N, R21W at survey station 1133+00; thence N 55°30’E on the property line between C.N. McElfresh and V.T. Jones, a distance of 57 feet; thence S 42°15’E a distance of 23.8 feet; thence on a curve to the right with 771.8 feet radius, parallel to and 55 feet from the said center line, a distance of 95 feet; thence S 53°51’W a distance of 15 feet; thence south eastward on a curve to the right with 756.8 feet radius, the tangent to which bears S 36°09’E a distance of 550 feet; thence S 6°08’W a distance of 171.4 feet; thence S 83°52’E a distance of 10 feet; thence S 6°08’W a distance of 250 feet; thence N 83°52’W a distance of 10 feet; thence S 6°08’W a distance of 100 feet, more or less to the south line of the said SW¼ of NE¼; thence west on said south line a distance of 82 feet; thence N 6°08’E parallel to and 40 feet from the said center line, a distance of 530 feet; thence on a curve to the left with 676.8 feet radius, a distance of 260 feet, to the property line between C.N. McElfresh and W.R. Cary; thence eastward on said property line, a distance of 37 feet to the center of the present road; thence north westerly along said present road a distance of 360 feet; thence N 55°30’E a distance of 25 feet more or less to the beginning place.

Containing right of way old 0.66 acres, more or less

new 1.45 ""

total 2.11 ""

Tract FiveRight of way for Federal road 80 feet wide, except as noted.

That part of NW¼ of SE¼ of Sec. 7 and also of the NE¼ of NE¼ of Sec. 18, all in T21N, R21W lying within tracts of land 80 feet wide, except as noted, 40 feet of which, except as noted is on each side of, parallel to and measured from a surveyed center line which is described as follows:

(1) Beginning on the north line of and 470 feet east of the north west corner of the NW¼ of SE¼ of Sec. 7, T21N, R21W; thence S 6°08’W with 40 feet on both sides of the said center line, a distance of 512.1 feet; thence on a curve to the left with 1432.7 feet radius, a distance of 418.7 feet; thence S 10°37’E a distance of 70 feet; thence continuing S 10°37’E with 40 feet on the right side of and 50 feet on the left side of the said center line, a distance of 150 feet; thence continuing S 10°37’E with 40 feet on each side of the said center line, a distance of 150 feet, to the south line of and 956 feet west of the south east corner of the said NW¼ of SE¼ of Sec. 7

Containing right of way old 1.00 acres, more or less

new 1.42 ""

total 2.42 ""

(2) Beginning on the west line of and 460 feet south of the north west corner of the NE¼ of NE¼ of Sec. 18, T21N, R21W; thence S 44°10’E a distance of 155.9 feet; thence on a curve to the left with 1432.7 feet radius, a distance of 517.5 feet; thence S 64°52’E a distance of 166.9 feet; thence on a curve to the right with 637.3 feet radius, a distance of 414.7 feet, to the south line of and 890 feet east of the south west corner of the said NE¼ of NE¼ of Sec. 18.

Containing right of way old 0.14 acres, more or less

new 2.13 ""

total 2.27 ""

            2. The commissioner of administration shall set the terms and conditions for the sale as the commissioner deems reasonable. Such terms and conditions may include, but not be limited to, the number of appraisals required, the time, place, and terms of the sale.

            3. The attorney general shall approve the form of the instrument of conveyance.

            Section 2. 1. The governor is hereby authorized and empowered to sell, transfer, grant, convey, remise, release, and forever quitclaim all interest of the state of Missouri in real property located in St. Clair County, Appleton City, to the state highways and transportation commission. The property to be conveyed is more particularly described as follows:

All of Lots Nine (9), ten (10), eleven (11), twelve (12), Thirteen (13), Fourteen (14), fifteen (15) and Sixteen (16), Block two (2); also Lots three (3), four (4), five (5), six (6), seven (7), eight (8), twelve (12), thirteen (13), fourteen (14), fifteen (15), sixteen (16) and seventeen (17), Block three (3), Grantley's Addition to Appleton City, Missouri.

            2. The commissioner of administration shall set the terms and conditions for the sale as the commissioner deems reasonable. Such terms and conditions may include, but not be limited to, the number of appraisals required, the time, place, and terms of the sale.

            3. The attorney general shall approve the form of the instrument of conveyance.

            Section 3. 1. The governor is hereby authorized and empowered to sell, transfer, grant, convey, remise, release, and forever quitclaim all interest of the state of Missouri in real property located in Osage County to the state highways and transportation commission. The property to be conveyed is more particularly described as follows:

A strip of land 95 ft. wide being 40 ft. wide on the left or north side of, and 55 ft. wide on the right or south side of, parallel to and adjoining the centerline of State Highway Route U.S. 50, leading from Kansas City to St. Louis, Missouri beginning at the west property line of said first party or Sta. 503+50 and continuing to Sta. 512+00, a distance of 830.8 ft. thence widening to a strip of land 100 ft. wide being 45 ft. wide on the left or north side of and 55 ft. wide on the right or south side of said centerline from Sta. 512+00 to Sta. 516+00, a distance of 400 ft. thence narrowing to a strip of land 80 ft. wide being 40 ft. wide on each side of said centerline from Sta. 516+00 to the south property line of said first party or Sta. 520+00 being a distance of 400 ft., also a strip of land 50 ft. wide for connection of said highway and the present road, said strip of land extending a distance of 75 ft. more or less in an easterly direction from said left or north right-of-way line at or near Sta. 520+ and as shown on the plans for said highway, as surveyed, located and platted by the State Highway Department thru the S.½ of N.W.¼ of Sec. 7 T 43 N-R 8 W; as shown by a plat of said survey now on file with the Clerk of the County Court of Osage County, Missouri.

            2. The commissioner of administration shall set the terms and conditions for the sale as the commissioner deems reasonable. Such terms and conditions may include, but not be limited to, the number of appraisals required, the time, place, and terms of the sale.

            3. The attorney general shall approve the form of the instrument of conveyance.

            Section 4. 1. The governor is hereby authorized and empowered to sell, transfer, grant, convey, remise, release, and forever quitclaim all in Madison County to the state highways and transportation commission. The property to be conveyed is more particularly described as follows:

Beginning at a point 114.7 feet south 82 1/2º east of the southwest corner of U.S.P.S. 350, Township 33 north, Range 7 east, and on the centerline of the survey made by the State Highway Commission for Route 67, Madison County, and shown on the plan thereof – a copy of which is on file with the Clerk of the County Court of Madison County – the said point being known as Station 250+74 and on the arc of a 0º 30’ curve to the right; the tangent of which bears north 0º 18’ east at this point, thence along the said arc 2041.6 feet thence north 10º 30’ east, 1458.4 feet to a point on the said centerline known as Station 215+74 and there terminating.

A strip of land lying on each side of, and adjacent to the above described centerline as follows:

Width RightWidth Left

Station to Station Distance ( East ) ( West )

250+74235+001574 Feet 50 Feet

235+00230+00 500 “ 65 “ 50 Feet

230+00228+80 120 “ 80 “ 50 “

228+80224+50 430 “ 80 “ 80 “

224+50224+00 50 “ 80 “ 50 “

224+00215+74 826 “ 50 “ 50 “

and all of U.S.P.S. 350 lying west of the said centerline from Station 250+74 to Station 235+00.

Also strips of land 10 feet wide lying on each side of and adjacent to the above described right-of-way being on the right (east) side from Station 224+00 to Station 217+00 and on the left (west) side from Station 220+50 to Station 218+00, upon which the parties of the first part grant_, convey_ and warrant_ for themselves, and their heirs, successors and assigns, unto the State, its agents, successors or assigns, the right, easement and privilege to construct and maintain on the land described in this paragraph all such extensions of any slopes from roadbed cuts or fills which may be necessary to taper out such slopes; only the above rights in, and not the fee title to, such land is hereby conveyed, and the grantors shall have the unrestricted right to fence, use and control such land in any way they desire, so long as the same does not interfere with the rights hereby granted.

Also 0.20 acre being a tract or parcel of land lying on the right (east) side of and adjacent to the right-of-way described above being 70 feet wide from Station 226+50 to Station 225+25, upon which the party of the second part is granted only the right to enter for the purpose of constructing and opening a channel and using the excavation therefrom in grading the State Highway. The said party of the second part is also granted the right to enter upon the said land of the parties of the first part as often as may be necessary for the purpose of maintaining and keeping open the said channel, the parties of the first part or their successors otherwise to have the free, uninterrupted and absolute use of said land.

All lying in U.S.P.S. 350, Township 33 north, Range 7 east of the 5th P.M. in Madison County, Missouri and containing 10.15 acres.

            2. The commissioner of administration shall set the terms and conditions for the sale as the commissioner deems reasonable. Such terms and conditions may include, but not be limited to, the number of appraisals required, the time, place, and terms of the sale.

            3. The attorney general shall approve the form of the instrument of conveyance.

            Section 5. 1. The governor is hereby authorized and empowered to sell, transfer, grant, convey, remise, release and forever quitclaim all interest of the state of Missouri in real property located in Greene County to the state highways and transportation commission. The property to be conveyed is more particularly described as follows:

Right of way for State Highway Route 60.

That part of the NE ¼ of SW ¼ and NW ¼ of SE ¼ of Sec. 10, Twp. 28N, R23W, south and east of the Frisco Railroad right of way and southwest of State Highway Route M, being in a tract of land 172 feet wide, except as noted, 57 feet of which, except as noted, is on the left or northwesterly side, and 115 feet, except as noted, on the right or southeasterly side of, adjacent to, parallel with and measured from the surveyed center line of the survey of the Missouri State Highway Department for said Route 60, which surveyed center line is described as follows:

1. Beginning at a point approximately 47 feet south and 16 feet east of the southwest corner of the said NW ¼ of SE ¼ of Sec. 10, at survey station 178+50, thence N 56°14’E 1635 feet to station 194+85, which station is approximately 462 feet south and 30 feet east of the northeast corner of said NW ¼ of SE ¼ of Sec. 10.

            Containing 5.74 acres, more or less, new right of way.

2. Also beginning on the left side of item 1, opposite station 191+28.3, thence N 4°02’E 255 feet, thence S 85°43’W approximately 77.5 feet to the southeasterly boundary of the railroad right of way, thence in a southwesterly direction with said boundary to the south side of the said NE ¼ of SE ¼ of said Sec. 10, thence east approximately 20 feet to item 1, thence N 56°14’E with item 1, 1375 feet to the point of beginning.

            Containing 3.04 acres, more or less, new right of way.

3. Also a tract beginning on the left side of item 1, opposite station 193+28.3, thence northerly to the southwesterly right of way boundary of said Route M as it is now located and established, 30 feet from and opposite station 3+98.7 of said route, thence southeasterly with Route M to the east boundary of the property, thence south with said east property boundary to item 1, thence southwesterly with item 1 to the point of beginning.

            Containing 0.28 acre, more or less, new right of way.

4. Also a tract beginning on the right side of item 1, opposite station 193+28.3, thence easterly approximately 35 feet to the east property boundary, thence north approximately 26 feet to item 1, thence southwesterly with item 1 approximately 40 feet to the point of beginning.

            Containing 0.01 acre, more or less, new right of way.

Items 1, 2, 3 and 4 contain a total of 9.07 acres, more or less, new right of way.

            2. The commissioner of administration shall set the terms and conditions for the sale as the commissioner deems reasonable. Such terms and conditions may include, but not be limited to, the number of appraisals required, the time, place, and terms of the sale.

            3. The attorney general shall approve the form of the instrument of conveyance.

            Section 6. 1. The governor is hereby authorized and empowered to sell, transfer, grant, convey, remise, release and forever quitclaim all interest of the state of Missouri in real property located in Andrew County to the state highways and transportation commission. The property to be conveyed is more particularly described as follows:

Tract 1

A parcel of land bounded by a line beginning at a point on the centerline of the surveyed State highway at Station 195+98, said point also being two hundred thirty-five (235) feet north of the northeast corner of the southeast quarter of the southwest quarter of Section thirty-five (35), Township sixty-one (61) north, Range thirty-five (35) west, thence south fifty (50) feet, thence northeasterly on a curve having a radius of one thousand one hundred eight-six and twenty-eight hundredths (1186.28) feet, and extending two hundred twenty-eight (228) feet, thence north 47 o 19 east one thousand twenty-nine and two tenths (1029.2) feet, thence easterly on a curve having a radius of one thousand one hundred six and twenty-eight hundredths (1106.28) feet, and extending eight hundred forty-eight and sixty-seven hundredths (848.67) feet, thence easterly twenty-five and thirteen hundredths (25.13) feet, thence north forty (40) feet, thence west three hundred fifty (350) feet, thence southwesterly on a curve having a radius of one thousand one hundred eighty-six and twenty-eight hundredths (1186.28) feet, and extending two hundred seventy (270) feet, thence northwesterly five (5) feet, thence southeasterly on a curve having a radius of one thousand one hundred ninety-one and twenty-eight hundredths (1191.28) feet, and extending two hundred ninety (290) feet, thence south 47 o 19 west a distance of forty-five (45) feet, thence southeasterly five (5) feet, thence south 47 o19 west four hundred eighty (480) feet, thence westerly twenty-four (24) feet thence south fifteen (15) feet, thence easterly ten (10) feet, thence south 47 o19 west a distance of four hundred fifty-three (453) feet thence southwesterly on a curve having a radius of one thousand one hundred six and twenty-eight hundredths (1106.28) feet a distance of one-hundred seventy (170) feet, thence south fifty (50) feet to the point of beginning.

Said parcel of land being in and a part of the north one-half of the southeast quarter of Section thirty-five (35), Township sixty-one (61) north, Range thirty-five (35) west and comprising three and ninety hundredths (3.90) acres.

Tract 2

A parcel of land bounded by a line beginning at a point on the centerline of the surveyed State highway at Station 217+00, said point being eight hundred ninety-seven and forty-nine hundredths (897.49) feet west of the quarter section corner east side of Section thirty-five (35), Township sixty-one (61) north, Range thirty-five (35) west, thence west three hundred fifty (350) feet to the north right of way line of the surveyed State highway, thence northeasterly along the said north right of way line on a curve having a radius of one thousand one hundred eighty-six and twenty-eight hundredths (1186.28) feet and extending three hundred twenty-eight (328) feet, thence east twenty-five (25) feet, thence south forty (40) feet to the point of beginning.

Said parcel of land being in and a part of the southeast quarter of the northeast quarter of Section thirty-five (35), Township sixty-one (61) north, Range thirty-five (35) west and comprising sixteen hundredths (0.16) of an acre.

Tract 3

That part of the northeast quarter of Section thirty-four (34), Township sixty-one (61) north, Range thirty-five (35) west and being more particularly described as follows: Bounded by a line beginning at a point, said point being one thousand two hundred twenty-two (1222) feet east of the quarter section corner center of said Section thirty-four (34), thence north three hundred seventy (370) feet, to the south bank of 102 River, thence easterly along the south bank of said River forty (40) feet, thence south 17 o30 east three hundred fifty (350) feet, thence west one hundred forty (140) feet to the point of beginning and comprising fifty-nine hundredths (0.59) of an acre.

Tract 4

That part of the southeast quarter of Section thirty-five (35), Township sixty-one (61) north, Range thirty-five (35) west, more particularly described as

Tract #1, being bounded by a line beginning at a point on the centerline of State Highway Route 48 at Station 212+71.2, which is approximately one thousand three hundred fifty-seven and six tenths (1357.6) feet west of the northeast corner of the southeast quarter of said Section thirty-five (35), thence west fifty-four and five tenths (54.5) feet to this westerly right of way line of said State Highway Route 48, thence south 47 o11 west along said westerly right of way line three hundred (300) feet, thence northeasterly to the right on the arc of a curve having a radius of one thousand one hundred ninety-one and twenty-eight hundredths (1191.28) feet, and extending a distance of one hundred eighty (180) feet, thence southeasterly and at right angles a distance of five (5) feet, thence northeasterly to right on the arc of a curve having a radius of one thousand one hundred eight-six and twenty-eight hundredths (1186.28) feet and extending a distance of two hundred seventy (270) feet to a point on the north line of the southeast quarter of said Section thirty-five (35), thence west to said point of beginning. Said tract is for right of way and contains thirty-three hundredths (0.33) of an acre.

Tract 5

That part of the northeast quarter of Section thirty-five (35), Township sixty-one (61), Range thirty-five (35) west, found by

Starting at a point on the centerline of State Highway Route 48, at Station 212+71.2, which is approximately one thousand three hundred fifty-seven and six tenths (1357.6) feet west of the southeast corner of the northeast quarter of said section thirty-five (35), thence following said centerline north 47 o11 east one thousand twenty-eight and seven tenths (1028.7) feet to Station 222+99.9, a P.C., thence northerly to the left on the arc of a 5 o 00 curve seven hundred sixty-two (762) feet to Station 250+61.9, a P.T. , thence north 9o 05 east one thousand two hundred ninety-seven and one tenth (1297.1) feet to Station 245+59, which is on defendants' north property line, and is approximately forty (40) feet west of the northeast corner of said Section thirty-five (35).

Tract #1, being all of defendants' land lying within forty (40) feet to each side of the above described centerline from said Station 212+71.2 to Station 219+00, thence continuing with sixty (60) feet to left and widening uniformly to fifty (50) feet to right of said centerline at Station 220+00, thence continuing with sixty (60) feet to left and fifty (50) feet to right of said centerline to Station 220+50, thence continuing with forty (40) feet to left and narrowing uniformly to forty (40) feet to right of said centerline at Station 221+50, thence continuing with forty (40) feet to each side of said centerline to said Station 245+59, Said tract is for right of way and contains five and seventy-seven hundredths (5.77) acres.

Tract #2, being thirty (30) feet wide by one hundred (100) feet long to left of the above described right of way (or Tract #1) from opposite Station 235+00 to opposite Station 254+00, at an angle of 90 o from said centerline. Said tract contains seven hundredths (0.07) of an acre, and is for changing the channel of a stream and providing for drainage ditches necessary for the proper construction and maintenance of said State Highway. Plaintiff only seeks the right to enter upon said tract of land for the purpose of constructing and opening said drainage ditches and channel change, using the excavation therefrom in grading said highway and for filling portions of the old channel; also the right to enter upon said parcel of land when necessary to maintain and keep open said ditches; the defendants, their successors or assigns to otherwise have the free, uninterrupted and absolute use of said Tract #2.

            2. The commissioner of administration shall set the terms and conditions for the sale as the commissioner deems reasonable. Such terms and conditions may include, but not be limited to, the number of appraisals required, the time, place, and terms of the sale.

            3. The attorney general shall approve the form of the instrument of conveyance.

            Section 7. 1. The governor is hereby authorized and empowered to sell, transfer, grant, convey, remise, release and forever quitclaim all interest of the state of Missouri in real property located in Ozark County to the state highways and transportation commission. The property to be conveyed is more particularly described as follows:

Tract 1

All that part of the following tract:

Northwest quarter of the southeast quarter (NW¼ SE¼)

Of Section 15, Township 22 North, Range 16 West

Which lies within a distance of 40 feet on each side of the centerline of State highway designated as Route SC, leading from Route 5, west of Gainesville, westerly to the Ozark-Taney County line, as the same was located, surveyed and platted by the State Highway Department, as shown on plans duly approved by the State Highway Commission, a copy of which is now on file with the Clerk of the County Court in and for Ozark County.

Said centerline being described as follows:

Beginning at a point on the west boundary of said tract, distant 650 feet, more or less, north of the southwest corner thereof, at or near Station 201+60; thence run north 49º 14’ east, 526.9 feet; thence deflect to the right on a 4º curve, (delta angle 40º 22’) 1009.2 feet; thence on tangent to said curve north 89º 36’ east, 18.9 feet, more or less, to a point on the east boundary of said tract, distant 5 feet, more or less, south of the northeast corner thereof, and there terminating at or near Station 217+15.

Containing 2.86 acres, more or less.

2. Also the following parcel of land adjoining the above described right of way tract, extending between the stations indicated to the widths shown below:

Left: Station 202+01 to 202+27, 26 feet long by 30 feet wide on a 40º skew to the right

3. Also all that part of said tract lying northerly of the above described strip, and easterly of a line described as follows:

Beginning at a point on the left or northerly line of said above described strip, opposite Station 211+00; thence run northwesterly normal to said centerline to its intersection with the northerly boundary of said tract, and there terminating.

Item 2 has an area of 0.02 acre, more or less, and is for the purpose of a ditch outlet, to which the State Highway Department only seeks the right to enter upon land of said owners for the purpose of constructing and opening said ditch, using excavation therefrom in grading said highway, and entering upon the said parcel of land as often as may be necessary to maintain and keep open said ditch; providing the owners shall otherwise have the free, absolute and uninterrupted use of said land.

Item 3 has an area of 0.29 acre, more or less, and is for the purpose of permanent right of way.

Tract 2All that part of the following tract:

South half of the northeast quarter (S½ NE¼)

Of Section 15, Township 22 North, Range 16 West

Which lies within a distance of 40 feet on the northerly side of the centerline of State highway designated as Route SC, leading from Route 5, west of Gainesville, westerly to the Ozark-Taney County line, as the same was located, surveyed and platted by the State Highway Department, as shown on plans duly approved by the State Highway Commission, a copy of which is now on file with the Clerk of the County Court in and for Ozark County.

Said centerline being described as follows:

Beginning at a point distant 38 feet, more or less, south and 330 feet, more or less, west of the southeast corner of the southwest quarter of the northeast quarter of said Section 15, at or near Station 213+80; thence from a tangent bearing north 76º 58’ east, deflect to the right on a 4º curve, 316.1 feet; thence on tangent to said curve north 89º 36’ east, 1368.9 feet, more or less, to a point on the extended east boundary of the southeast quarter of the northeast quarter of said Section 15, distant 10 feet, more or less, south of the southeast corner thereof, and there terminating at or near Station 230+65

Containing 0.25 acre, more or less, new right of way

and 0.99 acre, more or less, old right of way

(There is excepted from the above described strip, a strip of land 10 feet in width, lying adjacent to and southerly of the northerly line of said strip, and extending from Station 227+00 to the east boundary of the property).

2. Also the following parcel of land adjoining the above described right of way tract, extending between the stations indicated to the widths shown below:

Left: Station 222+50 to 225+50, 300 feet long by 5 feet wide

Item 2 has an area of 0.03 acre, more or less, and is for the purpose of permanent right of way.

            2. The commissioner of administration shall set the terms and conditions for the sale as the commissioner deems reasonable. Such terms and conditions may include, but not be limited to, the number of appraisals required, the time, place, and terms of the sale.

            3. The attorney general shall approve the form of the instrument of conveyance.

            Section B. Because of the need to ensure that motorists who were issued valid special license plates are legally registered within the state of Missouri and because of the need to avoid unnecessary administrative license plate recalls, the repeal and reenactment of section 301.449 of 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 the repeal and reenactment of section 301.449 of this act shall be in full force and effect upon its passage and approval.