HCS HB 2097 -- TRANSPORTATION
SPONSOR: Dixon
COMMITTEE ACTION: Voted "do pass" by the Committee on
Transportation by a vote of 9 to 3.
This substitute changes the laws regarding billboards, memorial
highways and bridges, transportation development districts, fleet
vehicle registration, driveaway license plates, property-carrying
commercial motor vehicle license plates, surrender of fraudulent
Department of Revenue documents, special license plates, unlawful
use of licenses, storage fees for towed vehicles, text messaging
while driving, tanker trailer safety precautions, and the
transportation of railroad employees.
BILLBOARDS
The substitute:
(1) Allows local authorities to adopt regulations regarding
billboard size, lighting, and spacing provisions that are more
restrictive than state law if they are reasonable, allow for
customary industry usage, and comply with the intent of the
provisions of the substitute. Local regulations cannot have the
intent or effect of prohibiting billboards on commercial or
industrial property within 660 feet of certain highways. If a
court rules that a local regulation is prohibitive, unreasonable,
or fails to allow for customary industry usage, the statutory
state requirements will apply until a valid ordinance is adopted
by the local zoning authority;
(2) Prohibits the Highways and Transportation Commission within
the Department of Transportation from issuing new state sign
permits after the date the commission approves funding for any
phase or portion of construction or reconstruction of a street or
highway until the completion of the project and requires all
existing signs to conform to the requirements for outdoor
advertising in effect on August 27, 1999;
(3) Allows an owner of an existing sign who meets all state
requirements for outdoor advertising in effect on August 27,
1999, and the federal/state agreement and who voluntarily
executes a partial waiver and reset agreement with the commission
to reset a sign on the same or adjoining property as long as the
owner obtains the necessary local approval. Owners entering into
a reset agreement with the commission will receive compensation
for the actual cost of resetting the sign. A sign must be
reconstructed with the same type of materials and cannot exceed
the square footage of the original sign;
(4) Allows a sign owner 120 days from receiving a written notice
that a sign will be displaced by construction to execute a reset
agreement. If an owner fails to execute an agreement, the
commission has the right to initiate normal condemnation
procedures for the compensated removal of the sign;
(5) Allows a local zoning authority to prohibit an owner from
resetting a qualifying sign that does not comply with local
regulations but requires the local authority to reimburse the
commission for the cost to condemn the sign less the cost to
reset the sign; and
(6) Requires all signs to be subject to the biennial inspection
fees under Section 226.550, RSMo.
MEMORIAL HIGHWAYS AND BRIDGES
The substitute designates the following boulevard, highways, and
bridges:
(1) The portion of Lindbergh Boulevard in St. Louis County from
its intersection with Lemay Ferry Road to the highway's
connection with Barracksview Road as the "Dave Sinclair
Boulevard";
(2) The portion of State Highway 80 in New Madrid County from
the intersection of State Highway 61, State Highway 80, and State
Route H east to Interstate 55 as the "Gene Curtis Memorial
Highway";
(3) The portion of State Highway 53 in Butler County from the
city limits of Qulin to one mile south of the city limits as the
"Johnny Lee Hays Memorial Highway";
(4) The portion of Interstate 64/U. S. Highway 40 from the
McClausland/Skinker interchange east to the Interstate
64/Interstate 55 interchange as the "Jack Buck Memorial Highway";
(5) The bridge crossing over the Union Pacific Railroad located
on U. S. Highway 24 near Wilson Road in the Fairmont Business
District in the City of Independence in Jackson County as the
"Sergeant Charles R. Long Memorial Bridge";
(6) The portion of U. S. Highway 24 in Jackson County from the
bridge crossing over the Union Pacific Railroad in the Fairmont
Business District of the City of Independence to the intersection
of Noland Road as the "Harry S Truman Memorial Highway";
(7) The portion of Interstate 44 located in Franklin County from
the State Highway 100 overpass west to the St. Mary's Road
overpass as the "Corporal Dennis E. Engelhard Memorial Highway";
(8) The portion of U. S. Highway 36 located 1.7 miles west of
the intersection of U. S. Highway 36 and State Route O in Macon
County as the "Missouri State Trooper William Brandt Memorial
Highway";
(9) The portion of State Highway 13 from the intersection of
State Highway 32 to the intersection of State Highway 83 in Polk
County as the "John Playter Memorial Highway"; and
(10) The portion of U. S. Highway 136 from the city limits of
Luray to State Route A in Clark County as the "Deputy Don
McCutcheon Memorial Highway."
The substitute makes the following changes in memorial highway
designations:
(1) The portion of State Highway 266 located in Greene County
from Airport Boulevard to one mile east as the "Dr. Martin
Luther King Jr. Memorial Mile." Currently, the designation is
the portion of State Highway 266 from North Missouri Road AB to
one mile east; and
(2) The portion of U. S. Highway 160 in Greene County from the
"Rabbi Abraham Joshua Heschel Memorial Highway" to the "Ralph K.
Manley Highway." The designation will be the portion of U. S.
Highway 160 in Greene County from the intersection of West Mount
Vernon Street to one-half mile south of the intersection of West
Sunshine Street.
TRANSPORTATION DEVELOPMENT DISTRICTS
The substitute establishes special requirements for the formation
of a transportation development district (TDD) to operate a
public mass transportation system. Currently, owners of property
adjacent to a TDD may petition the court by the unanimous
approval of the owners to add their property to the district and
the property must be added to the district. The substitute
specifies that the unanimous approval requirement will not apply
to any TDD formed by a local transportation authority to operate
a public transportation system, and the court must add the
adjacent property in the petition upon the approval and consent
of the TDD's board of directors.
The board of directors for a district formed by local
transportation authorities to operate a public mass
transportation system must consist of between three and five
members appointed by the chief executive officer of each local
transportation authority. Any director appointed by a chief
executive officer may be removed by the officer at any time with
or without cause. The Highways and Transportation Commission is
prohibited from appointing advisers to these boards, and these
districts are not required to submit their proposed project plans
to the commission for its approval.
Real property taxes for TDDs will not be considered payment in
lieu of taxes as it relates to the Real Property Tax Increment
Allocation Redevelopment Act, and tax revenues derived from the
property taxes will not be subject to allocation under the
provisions of the substitute. The sales tax for these districts
must not be considered economic activity taxes as it applies to
the statutes regarding tax increment financing and are not
subject to allocation by those statutes. The Transportation
Development District Sales Tax Trust Fund is created to deposit
the sales tax revenues generated by these TDDs.
FLEET VEHICLE REGISTRATION
Currently, a fleet vehicle must be registered with the Department
of Revenue during April of each year. The substitute requires
the vehicle to be registered during April of the corresponding
year of the vehicle's model year.
DRIVEAWAY LICENSE PLATES
The substitute specifies that a driveaway license plate can only
be used by an owner, corporate officer, or employee of a business
to which the plate was issued. An applicant for a driveaway
license plate must provide the business name, address, telephone
number, business owner's full name, birth date, driver's or
nondriver's license number, home address, home telephone number,
signature, printed name of the business owner or person making
the application, and a statement explaining the usage of the
driveaway plate. The applicant must also provide proof of
financial responsibility sufficient to cover each motor vehicle
the applicant will operate during the registration period. If
any of the information provided in the application changes, the
applicant must report the change to the Department of Revenue
within 10 days of the change. Any violation will result in the
revocation of the applicant's driveaway license, and anyone
knowingly using a revoked license plate will be guilty of a
misdemeanor.
PROPERTY-CARRYING COMMERCIAL MOTOR VEHICLE LICENSE PLATES
Currently, property-carrying commercial motor vehicles are only
issued one license plate. The substitute allows the owner of one
of these vehicles to request and be issued two plates. The
Director of the Department of Revenue may assess and collect an
additional fee for the second plate that cannot exceed the fee
for a personalized license plate.
SURRENDER OF FRAUDULENT DEPARTMENT OF REVENUE DOCUMENTS
If the Director of the Department of Revenue or his or her
designated representative reasonably believes that a certificate
of ownership, a license plate, or a license plate tab was
obtained fraudulently, any person in possession of the item must
surrender it to the department director, or his or her designated
representative, upon request. Any person failing to do so will
be guilty of a class A misdemeanor.
SPECIAL LICENSE PLATES
The Director of the Department of Revenue is authorized to issue
the following special license plates:
(1) Combat Action;
(2) Legion of Merit;
(3) Join the Movement in support of the National Multiple
Sclerosis Society;
(4) Nixa Education Foundation; and
(5) National Wild Turkey Federation.
The substitute dissolves the Advisory Committee on License Plate
Design and changes the administrative procedures for issuing and
developing specialty license plates by:
(1) Specifying that the department is not required to accept
applications and issue specialty plates for a specific category
or organization if no applications for the plate have been
received within four years from the authorization of the plate or
the total number of specialty plates issued for a specific
category is less than 200 for two consecutive years;
(2) Authorizing the department to discontinue the issuance and
renewal of a specialty plate if the organization has stopped
providing services and the emblem-use authorization statement is
no longer being issued by the organization. The organization
must notify the department immediately to discontinue the
issuance of a specialty plate. These provisions will not apply
to any specialty plate which bears the emblem or insignia of a
branch of the United States military or a military organization
or involve military actions or personnel;
(3) Removing the July 1 deadline for the submission of the
necessary documents and fees to the department regarding a
request for a new specialty plate and allowing an organization to
submit the necessary documents at any time. Interested parties
have 60 days from the filing of the proposal to submit testimony
to the department in support of or opposition to the specialty
plate; and
(4) Requiring the department, as soon as practicable after
receiving the required documents and fees, to submit all
applications for the development of a specialty plate to the
Joint Committee on Transportation Oversight for the committee to
approve or deny.
UNLAWFUL USE OF LICENSES
A nondriver identification card is added to the provisions
regarding the forms of identification that are unlawful to
possess or display if it has been canceled, suspended, revoked,
or is knowingly factitious. The Director of the Department of
Revenue is authorized to prosecute anyone who knowingly makes a
false statement regarding a driver's license or commercial
driver's license within one year, but no later than six years,
after the department director first discovers the falsity.
STORAGE FEES FOR TOWED VEHICLES
The substitute limits the fees that may be charged for storing a
towed vehicle, other than a commercial motor vehicle, to $45 per
day.
TEXT MESSAGING WHILE DRIVING
Currently, individuals 21 years of age or younger are prohibited
from sending, reading, or writing a text message or electronic
message from a hand-held electronic wireless communications
device while operating a moving motor vehicle on any highway in
this state. The substitute prohibits anyone, regardless of age,
from these activities on any paved road in the state. The
provisions of the substitute will not apply to a person operating
a motor vehicle on a private gravel road.
TANKER TRAILER SAFETY PRECAUTIONS
Any person, except law enforcement or emergency personnel, is
prohibited from climbing, standing, or working on top of any
tanker trailer stopped along any highway unless proper safety
precautions are taken. Any person violating this provision will
be guilty of an infraction punishable by a fine of between $50
and $100.
TRANSPORTATION OF RAILROAD EMPLOYEES
All contract carriers who are paid to transport railroad
employees must equip all vehicles purchased, leased, or otherwise
newly placed into service after February 28, 2011, with one or
more oscillating amber or white strobe lights mounted to either
the rear one-third of the roof or integrated into the rear bumper
of the vehicle. The light must be used to provide warning to
other motorists whenever the vehicle has stopped on or directly
adjacent to the roadway for loading or unloading of passengers or
equipment.
The provisions regarding fleet vehicles, driveaway license
plates, and the administrative procedures for special license
plates become effective January 1, 2011.
FISCAL NOTE: Estimated Cost on General Revenue Fund of Less than
$210,829 in FY 2011, Less than $193,238 in FY 2012, and Less than
$192,918 in FY 2013. Estimated Income on Other State Funds of
Less than $861,143 in FY 2011, Less than $858,372 in FY 2012, and
Less than $858,372 in FY 2013.
PROPONENTS: Supporters say that the bill will allow the
Department of Transportation to relocate many of the existing
billboards during road construction rather than requiring it to
buy them by condemnation. Local governments will have the option
to reimburse the state rather than move a sign.
Testifying for the bill were Representative Dixon; and Bill May,
Missouri Outdoor Advertising Association.
OPPONENTS: Those who oppose the bill say that it shifts the
costs to local governments and restricts local control of outdoor
advertising. It places new mandates on local governments, makes
nonconforming signs legal, and requires local governments to buy
those signs if it opposed the department's plan to move them.
Testifying against the bill were St. Louis County Municipal
League; Missouri Municipal League; John Regenberger, Scenic
Missouri; Missouri Votes Conservation; Kyna Iman, Missouri
Conservation and Environmental Alliance; and City of Branson.
OTHERS: Others testifying on the bill answered questions from
the committee.
Testifying on the bill was Joyce Musick.
Copyright (c) Missouri House of Representatives
Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:13 pm