MODOT – Missouri House of Representatives Newsroom

Effort lead by family of MODOT worker killed by driver results in new license revocation law

The family of a highway worker killed at a job site hopes a law signed this month will keep others from facing the same tragedy.

Lyndon Ebker was killed in an April, 2016 crash while he was working in a MODOT work zone near New Haven. The driver who hit him was allowed to continue driving for more than two and a half years, and Ebker’s family and MODOT workers said that was wrong.

The driver who struck and killed Lyndon Ebker in a work zone near New Haven more than three years ago had impaired vision, but was allowed to keep driving until this past November when his license was revoked for life. Ebker’s family and the Department of Transportation said that driver put others in danger and he should’ve been forced off the roads more quickly.

House Bill 499 would require the Department of Revenue’s Director to revoke a driver’s license if a law enforcement officer reports that the driver’s negligence contributed to a worker or emergency responder being hit in a work or emergency zone.

Ebker’s daughter, Nicole Herbel, pushed for the legislation, which was signed into law this month by Governor Mike Parson (R).

“I just want people to think about it when they’re seeing the cones or the orange flags, even the trucks, I want this law to make them stop and think, ‘That gentleman was hit and killed because somebody didn’t slow down,’ or even just to remember that they’re humans that are standing there,” said Herbel. “Awareness really is the biggest thing for us.”

The accident that killed Ebker happened in Representative Aaron Grieshemer’s (R-Washington) district, and he sponsored HB 499. He said he was concerned with how long the man who killed Ebker was allowed to keep driving while his case moved through the courts.

“I have heard stories from some MODOT employees that worked with Mr. Ebker that feared for their lives because knowing that this gentleman was out there driving still,” said Griesheimer. “I’d heard another report that he had almost hit somebody else in the City of Hermann, so it was definitely a safety factor involved in this.”

The legislation was a top priority for the Department of Transportation this year, so much so that MODOT Director Patrick McKenna testified for it in a House committee. He told lawmakers it was needed to help protect the agency’s workers.

“We try to keep our roads primarily open while we’re working on them. It’s a considerable challenge, but we have to do it safely so we can honestly look at our employees and say the way that we’re structured will guarantee you the ability to go home every single day after shift to your family and friends, every time throughout your entire career,” McKenna told House Communications. “We have a memorial here just about 100 yards from where I’m sitting right now with the names of not only Lyndon Ebker, but 133 other MODOT employees that through our history have lost their lives providing public service on behalf of Missouri.”

Representative Aaron Griesheimer (photo; Tim Bommel, Missouri House Communications)

McKenna thanked all those involved in getting HB 499 through the legislative process and into law, including Rep. Griesheimer, Governor Parson, the Ebker family, the bill’s Senate sponsor, Senate President Pro Tem Dave Schatz, and Justin Alferman, Parson’s legislative director who also filed the legislation when he was a state representative.

Herbel said though her family suffered a tremendous loss, they didn’t back HB 499 out of seeking revenge. She said they were doing what her father would’ve done.

“If he saw someone doing something that was going to hurt themselves or hurt other people he did not hesitate to speak up, and that’s why this law is so fitting because if he had lived through this accident he would’ve done something to keep people safe. He would not have just taken the injury and went on. He would’ve turned around and fought for something to change.”

If a driver’s license is revoked under the new law, the license holder can seek its reinstatement by taking and passing the written and driving portions of the driver’s test, or petitioning for a hearing before a court local to the work zone where the accident occurred.

HB 499’s language is also included in Senate Bill 89, which has also been signed by the governor. Both bills effect August 28.

Another provision in HB 499 increases the fees licenses offices can charge for state services, such as issuing driver’s licenses and license plates.

Earlier stories:

House proposes tougher license revocation laws for those who hit workers, emergency responders

Family of MODOT worker killed in work zone asks lawmakers to toughen license revocation law

House approves budget plan maintaining $100-million boost to transportation

The Missouri House has proposed a $29.2-billion state budget for the fiscal year that begins July 1. Among other things it maintains Appropriations Committee Chairman Cody Smith’s (R-Carthage) plan to apply $100-million of General Revenue to road and bridge projects. That would be in addition to the money in the state’s Road and Bridge Fund, which is dedicated to transportation.

House Budget Committee Chairman Cody Smith, R-Carthage (photo; Tim Bommel, Missouri House Communications)

If that proposal becomes law it would be the first time GR dollars have been used for transportation infrastructure. Smith said the state’s road funding has been falling behind for years, and with other proposals to support it having fallen short – including a gas tax increase that was rejected by voters in November – it’s time to consider unprecedented sources.

He also said his plan is a better option than what Governor Mike Parson (R) proposed, to use bonds to support $350-million for bridge projects, which take years to pay off.

“Going further into debt comes at a high cost. We already spend, on average, about 24-percent of the road fund on debt service as it is,” said Smith. “This plan, paying as we go, could save us as much as $100-million over the course of 15 years, and it’s really that simple.”

Democrats say this approach creates uncertainty for the Department of Transportation, which wouldn’t know year-to-year how much money the legislature might decide to give it.

Kansas City representative Greg Razer (D) said the plan also would set a precedent that transportation would compete with other state priorities that are already funded with GR dollars, including education and medical care.

“The day will come when we have our director of transportation, people with disabilities, the presidents and chancellors of our universities all coming and trying to fight over the same pot of money,” said Razer.

Representative Greg Razer, D-Kansas City (photo; Tim Bommel, Missouri House Communications)

Razer and other Democrats said the state should not get away from using only the Road and Bridge Fund to support transportation.

“It’s something that has served us well for nearly a century,” said Razer.

Democrats say $100-million won’t go very far toward meeting the transportation infrastructure needs across the state. Festus Republican Becky Ruth said a lot of options that have been considered might be short-term solutions. She said this one would be a good start.

“Right now we have to do something, and that’s what the people of Missouri [have] asked us to do,” said Ruth.

“When our school busses are travelling on roads and crossing bridges and many of those bridges are in poor condition, I want you to stop and think about those children sitting on that school bus. I want you to stop and think about the families driving in their car down the road. I want you to stop and think about all of the people that use our highways day in and day out to get to their destinations – to go to work, to return from work – and they want to be able to do that safely,” said Ruth.

Smith said it is his intention to propose the use of General Revenue in future budget years to cover the projects that would’ve been paid for in the governor’s plan. Each year, then, that would have to be decided upon by the General Assembly.

The 13 budget bills that make up the House’s spending plan now go to the State Senate, which will propose changes to it. Then the two chambers will attempt to reach a compromise on a budget to be sent to the governor before the constitutional deadline of May 10.

House proposes tougher license revocation laws for those who hit workers, emergency responders

The Missouri House has proposed that the Department of Revenue Director be given authority to revoke the license of a driver who hits a road or utility worker in a highway work zone or an emergency responder at the scene of an emergency.

House Bill 499 was written in response to the death of a highway worker nearly three years ago. The man who struck and killed Lyndon Ebker in a work zone near New Haven was later revealed to suffer from macular degeneration that impaired his eyesight, but he was still driving more than two years later.

HB 499 was sent from the full chamber back to a House Rules committee for more work after some legislators raised concerns that earlier versions of it would deny a person of due process. Bill sponsor Aaron Griesheimer (R-Washington) said the changes address that.

“There were some concerns expressed to me that, well what if there was a mechanical issue on your vehicle and you struck a highway worker, and so we added some language in there that states whether the investigator had probable cause to believe the person’s negligent acts or omissions contributed to his or her vehicle striking that individual,” said Griesheimer.

Ebker’s family and the Department of Transportation pushed for the legislation. Lawmakers heard that the workers who’d been on Ebker’s crew felt unsafe because they knew the man who’d killed him was still on the road.

Kansas City representative Greg Razer (D) was one of those who listened to their testimony in a committee hearing.

“That was a tough day to sit through … hearing the pain of those families, and these are men and women who are working very hard for our state in rain, sleet, snow, blazing hot sun, and I hope we can go forward with this and also let Missourians know that when you get to a work zone you need to slow down. You need to pay attention and be extra cautious,” said Razer.

Odessa Republican Glen Kolkmeyer also sits on the Transportation Committee. He said he’s glad to see this proposal advancing.

“I had a firefighter killed in the line of duty by a gentleman who came over a hill that should have never been on the road,” said Kolkmeyer. “We’re getting to name that road after that firefighter that was killed.”

Under the bill an officer investigating a work zone or emergency zone accident in which a worker or emergency responder was hit can file a report to the Department. The Director will revoke a driver’s license if he finds, based on that report, that the driver was at fault.

The driver then will have 15 days to prove competency by retaking and passing the driver’s test or by appealing to courts local to where the accident happened. If the court finds the driver was involved in hitting a worker; the work or emergency zone was properly marked; and the investigating officer found probable cause that the driver was at fault, the license revocation would stand.

Representative Rudy Veit (R-Wardsville) was one of those who raised concerns about due process with the earlier bill language. He said that 15 day provision answers his concerns. He now supports the bill.

“These workers are in a fearful position. That’s every day cars are whipping by them, and there’s two types of people that will hit them. One is those who aren’t competent to be driving. This will quickly remove them from the road. The second one is those who are driving reckless, and keep in mind those are the people we are putting more fear in,” said Veit. “They know if they do something they’re going to have swift, fast consequences, and I think this is another tool in the chest we need to protect the workers and to honor the workers who do this dangerous work and let us keep our roads open.”

In November the driver who struck Lyndon Ebker pled guilty to two charges and his driving privilege was revoked for life.

The House voted 149-5 to send the bill to the Senate.

Earlier story: Family of MoDOT worker killed in work zone asks lawmakers to toughen license revocation law

House budget proposal: no state dollars to tolling Missouri roads

The state House’s proposed budget for Fiscal Year 2018 would bar the use of General Revenue dollars for anything associated with collecting tolls on interstates running through Missouri.

Kansas City Republican Kevin Corlew proposed lifting that prohibition.

“We’ve got a funding issue that we need to deal with and I think it’s not wise for us as a body to completely remove one of the options from even consideration and discussion,” said Corlew.

MODOT had asked budget makers for money to conduct a third study of tolling in Missouri. Republicans including Representative Bart Korman (High Hill) said no more state money should be spent on yet another study.

“That’s a waste of a lot of money that could be used to build a bridge or two,” said Korman, who added, “Tolls are a double tax.”

Some, including Hermann Representative Justin Alferman, said MODOT has only shown interest in tolling I-70 and none of the other interstates in Missouri.

“I don’t want to fund the entire state’s transportation infrastructure on those districts that only hug the I-70 corridor. I think it is incredibly disingenuous of MODOT to be only pushing forward with I-70,” said Alferman.

Corlew also argued that Congress and the administration of President Donald Trump (R) are preparing an infrastructure package, and Missouri should keep all options open to be able to take advantage of it when it is released.

Korman was also unmoved by that argument.

“[President Trump’s] first deal is going to be repeal and replace Obamacare and we’re waiting for that, yet,” said Korman. “Congress needs to work through [creating an infrastructure plan.] By the time Congress gets it all done, our [Fiscal Year ‘18] budget will be expired anyway and we can revisit this next year.”

The transportation budget is laid out in House Bill 4. The House is expected to vote Thursday on whether to send that and the rest of its proposed state budget to the Senate.