Text of MO HB 1973 (2022)

SECOND REGULAR SESSION HOUSE BILL NO. 1973 101ST GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE GREGORY (51). 4492H.01I DANA RADEMAN MILLER, Chief Clerk AN ACT To repeal sections 302.010 and 304.060, RSMo, and to enact in lieu thereof two new sections relating to school transportation. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Sections 302.010 and 304.060, RSMo, are repealed and two new sections 2 enacted in lieu thereof, to be known as sections 302.010 and 304.060, to read as follows: 302.010. Except where otherwise provided, when used in this chapter, the following 2 words and phrases mean: 3 (1) "Circuit court", each circuit court in the state; 4 (2) "Commercial motor vehicle", a motor vehicle designed or regularly used for 5 carrying freight and merchandise, or more than fifteen passengers; 6 (3) "Conviction", any final conviction; also a forfeiture of bail or collateral deposited 7 to secure a defendant's appearance in court, which forfeiture has not been vacated, shall be 8 equivalent to a conviction, except that when any conviction as a result of which points are 9 assessed pursuant to section 302.302 is appealed, the term "conviction" means the original 10 judgment of conviction for the purpose of determining the assessment of points, and the date 11 of final judgment affirming the conviction shall be the date determining the beginning of any 12 license suspension or revocation pursuant to section 302.304; 13 (4) "Criminal history check", a search of criminal records, including criminal history 14 record information as defined in section 43.500, maintained by the Missouri state highway 15 patrol in the Missouri criminal records repository or by the Federal Bureau of Investigation as 16 part of its criminal history records, including, but not limited to, any record of conviction, EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. 17 plea of guilty or nolo contendre, or finding of guilty in any state for any offense related to 18 alcohol, controlled substances, or drugs; 19 (5) "Director", the director of revenue acting directly or through the director's 20 authorized officers and agents; 21 (6) "Farm tractor", every motor vehicle designed and used primarily as a farm 22 implement for drawing plows, mowing machines and other implements of husbandry; 23 (7) "Highway", any public thoroughfare for vehicles, including state roads, county 24 roads and public streets, avenues, boulevards, parkways, or alleys in any municipality; 25 (8) "Incompetent to drive a motor vehicle", a person who has become physically 26 incapable of meeting the prescribed requirements of an examination for an operator's license, 27 or who has been adjudged by a probate division of the circuit court in a capacity hearing of 28 being incapacitated; 29 (9) "License", a license issued by a state to a person which authorizes a person to 30 operate a motor vehicle; 31 (10) "Motor vehicle", any self-propelled vehicle not operated exclusively upon tracks 32 except motorized bicycles, as defined in section 307.180 and electric bicycles, as defined in 33 section 301.010; 34 (11) "Motorcycle", a motor vehicle operated on two wheels; however, this definition 35 shall not include motorized bicycles or electric bicycles as such terms are defined in section 36 301.010; 37 (12) "Motortricycle", a motor vehicle operated on three wheels, including a 38 motorcycle operated with any conveyance, temporary or otherwise, requiring the use of a 39 third wheel, but excluding an electric bicycle as defined in section 301.010; 40 (13) "Moving violation", that character of traffic violation where at the time of 41 violation the motor vehicle involved is in motion, except that the term does not include the 42 driving of a motor vehicle without a valid motor vehicle registration license, or violations of 43 sections 304.170 to 304.240, inclusive, relating to sizes and weights of vehicles; 44 (14) "Municipal court", every division of the circuit court having original jurisdiction 45 to try persons for violations of city ordinances; 46 (15) "Nonresident", every person who is not a resident of this state; 47 (16) "Operator", every person who is in actual physical control of a motor vehicle 48 upon a highway; 49 (17) "Owner", a person who holds the legal title of a vehicle or in the event a vehicle 50 is the subject of an agreement for the conditional sale or lease thereof with the right of 51 purchase upon performance of the conditions stated in the agreement and with an immediate 52 right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a HB 1973 2 53 vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be 54 deemed the owner for the purpose of sections 302.010 to 302.540; 55 (18) "Record" includes, but is not limited to, papers, documents, facsimile 56 information, microphotographic process, electronically generated or electronically recorded 57 information, digitized images, deposited or filed with the department of revenue; 58 (19) "Residence address", "residence", or "resident address" shall be the location at 59 which a person has been physically present, and that the person regards as home. A residence 60 address is a person's true, fixed, principal, and permanent home, to which a person intends to 61 return and remain, even though currently residing elsewhere; 62 (20) "Restricted driving privilege", a sixty-day driving privilege issued by the director 63 of revenue following a suspension of driving privileges for the limited purpose of driving in 64 connection with the driver's business, occupation, employment, formal program of secondary, 65 postsecondary or higher education, or for an alcohol education or treatment program or 66 certified ignition interlock provider, or a ninety-day interlock restricted privilege issued by 67 the director of revenue for the limited purpose of driving in connection with the driver's 68 business, occupation, employment, seeking medical treatment for such driver or a dependent 69 family member, attending school or other institution of higher education, attending alcohol- 70 or drug-treatment programs, seeking the required services of a certified ignition interlock 71 provider, fulfilling court obligations, including required appearances and probation and parole 72 obligations, religious services, the care of a child or children, including scheduled visitation 73 or custodial obligations pursuant to a court order, fueling requirements for any vehicle 74 utilized, and seeking basic nutritional requirements; 75 (21) "School bus", when used in sections 302.010 to 302.540, means any motor 76 vehicle, either publicly or privately owned, that is designed for carrying more than ten 77 passengers and that is used to transport students to and from school, or to transport pupils 78 properly chaperoned to and from any place within the state for educational purposes. The 79 term "school bus" shall not include a bus operated by a public utility, municipal corporation or 80 common carrier authorized to conduct local or interstate transportation of passengers when 81 such bus is not traveling a specific school bus route but is: 82 (a) On a regularly scheduled route for the transportation of fare-paying passengers; or 83 (b) Furnishing charter service for the transportation of persons enrolled as students on 84 field trips or other special trips or in connection with other special events; 85 (22) "School bus operator", an operator who operates a school bus as defined in 86 subdivision (21) of this section in the transportation of any schoolchildren and who receives 87 compensation for such service. The term "school bus operator" shall not include any person 88 who transports schoolchildren as an incident to employment with a school or school district, HB 1973 3 89 such as a teacher, coach, administrator, secretary, school nurse, or janitor unless such person 90 is under contract with or employed by a school or school district as a school bus operator; 91 (23) "Signature", any method determined by the director of revenue for the signing, 92 subscribing or verifying of a record, report, application, driver's license, or other related 93 document that shall have the same validity and consequences as the actual signing by the 94 person providing the record, report, application, driver's license or related document; 95 (24) "Substance abuse traffic offender program", a program certified by the division 96 of alcohol and drug abuse of the department of mental health to provide education or 97 rehabilitation services pursuant to a professional assessment screening to identify the 98 individual needs of the person who has been referred to the program as the result of an 99 alcohol- or drug-related traffic offense. Successful completion of such a program includes 100 participation in any education or rehabilitation program required to meet the needs identified 101 in the assessment screening. The assignment recommendations based upon such assessment 102 shall be subject to judicial review as provided in subsection 14 of section 302.304 and 103 subsections 1 and 5 of section 302.540; 104 (25) "Vehicle", any mechanical device on wheels, designed primarily for use, or used 105 on highways, except motorized bicycles, electric bicycles, vehicles propelled or drawn by 106 horses or human power, or vehicles used exclusively on fixed rails or tracks, or cotton trailers 107 or motorized wheelchairs operated by handicapped persons. 304.060. 1. The state board of education shall adopt and enforce regulations not 2 inconsistent with law to cover the design and operation of all school buses used for the 3 transportation of school children when owned and operated by any school district or privately 4 owned and operated under contract with any school district in this state, and such regulations 5 shall by reference be made a part of any such contract with a school district. School districts 6 shall have the authority to use motor vehicles other than school buses for the purpose of 7 transporting school children. The state board of education may adopt rules and regulations 8 governing the use of other vehicles owned by a district or operated under contract with any 9 school district in this state and used for the purpose of transporting school children[. The 10 operator of such vehicle shall be licensed in accordance with section 302.272, and such 11 vehicle], excluding motor vehicles operating under the authority of the department of 12 revenue under sections 387.400 to 387.440. Motor vehicles other than school buses used 13 to transport school children shall transport no more children than the manufacturer suggests 14 as appropriate for such vehicle and meet any additional requirements of the school 15 district. The state board of education may also adopt rules and regulations governing the use 16 of authorized common carriers for the transportation of students on field trips or other special 17 trips for educational purposes. Every school district, its officers and employees, and every 18 person employed under contract by a school district shall be subject to such regulations. The HB 1973 4 19 state board of education shall cooperate with the state transportation department and the state 20 highway patrol in placing suitable warning signs at intervals on the highways of the state. 21 2. Notwithstanding the provisions of subsection 1 of this section, any school board in 22 the state of Missouri in an urban district containing the greater part of the population of a city 23 which has more than three hundred thousand inhabitants may contract with any municipality, 24 bi-state agency, or other governmental entity for the purpose of transporting school children 25 attending a grade or grades not lower than the ninth nor higher than the twelfth grade, 26 provided that such contract shall be for additional transportation services, and shall not 27 replace or fulfill any of the school district's obligations pursuant to section 167.231. The 28 school district may notify students of the option to use district-contracted transportation 29 services. 30 3. Any officer or employee of any school district who violates any of the regulations 31 or fails to include obligation to comply with such regulations in any contract executed by him 32 on behalf of a school district shall be guilty of misconduct and subject to removal from office 33 or employment. Any person operating a school bus under contract with a school district who 34 fails to comply with any such regulations shall be guilty of breach of contract and such 35 contract shall be cancelled after notice and hearing by the responsible officers of such school 36 district. 37 4. Any other provision of the law to the contrary notwithstanding, in any county of 38 the first class with a charter form of government adjoining a city not within a county, school 39 buses may bear the word "special". ✔ HB 1973 5