HCS HB 1340, 1549, 1918 & 1998 -- TRANSPORTATION

SPONSOR:  St. Onge (Schlottach)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Transportation by a vote of 13 to 0.

This substitute changes the laws regarding transportation.

OPERATION OF COMMERCIAL MOTOR VEHICLES

The substitute allows the Highways and Transportation Commission
to suspend, revoke, or cancel the registration, license, permit,
or other credentials issued to a motor carrier if a federal
agency or the commission has issued an out-of-service order
against the motor carrier.  The law is applicable to
out-of-service orders placing a motor carrier's entire operation
out of service but does not apply to orders placing an individual
driver or vehicle out of service.

When the commission issues an order under the provisions of the
substitute, the motor carrier cannot operate any commercial motor
vehicle and cannot allow any employee to operate any commercial
motor vehicle acting under the carrier's authority or control in
intrastate or interstate commerce.  The motor carrier must
immediately surrender all license plates, motor carrier licenses,
registrations, permits, and other credentials.  An out-of-state
motor carrier will not be eligible to apply for the issuance or
reinstatement of any license, registration, permit, certificate,
or other credentials until the out-of-service order has been
rescinded or the orders have been set aside by a court of proper
jurisdiction.

Any federal or state order will be admissible in administrative
and court proceedings, and the orders will constitute prima facie
evidence that the motor carrier violated federal regulations or
that the motor carrier's operation poses an imminent safety
hazard, or both.

Persons aggrieved by a commission's order are allowed to appeal
to a circuit court for a hearing and a review of the order.
Judicial review of the order will be waived unless the petition
is filed within 30 days of the issuance of the order.

The commission may receive and disclose any data relating to any
out-of-service motor carrier to the federal Motor Carrier
Administration, the Department of Revenue, the State Highway
Patrol, other law enforcement agencies, and motor carrier
liability insurance companies.

The Department of Revenue may immediately, without a hearing,
update the records to reflect the suspension, revocation, or
cancellation of all motor vehicle license plates, registrations,
and other credentials.  The department must notify the motor
carrier and the commission of all actions taken pursuant to the
commission's order.

OUTDOOR ADVERTISING

The substitute authorizes the Highways and Transportation
Commission to void billboard permits without paying compensation:

(1)  When there has been any misrepresentation of a material fact
by the applicant on a permit application and the sign is removed
under law;

(2)  When the commission determines that a change has been made
to a conforming sign by the sign owner and the sign has been
removed under law; or

(3)  When the commission determines that a substantial change has
been made to a nonconforming sign by the sign owner so that the
sign's nonconforming status was terminated and the sign was
removed under the commission's administrative rules for
maintenance of nonconforming signs.

The commission may also void any permit when it determines that a
permit has been erroneously issued by any Department of
Transportation staff member in violation of any state law or
administrative rule.  The billboard must be subject to removal,
and compensation must be paid pursuant to law.

A local zoning authority will be prohibited from requiring the
removal or alteration of a legally erected outdoor advertising
structure as a condition or prerequisite for the issuance or
continued effectiveness of a permit, license, or other approval
for any use, structure, development, or activity other than
outdoor advertising including a request for rezoning without the
payment of just compensation.

VACATING ROADS

A procedure is established that is similar to that used by
township counties for residents of St. Charles County to vacate
any road no longer serving the public.

LOCAL LOG TRUCKS

The radius within which a local log truck or log truck tractor
may operate is increased from 50 to 100 miles.

PROOF OF LAWFUL PRESENCE

Applicants for the renewal of a noncommercial driver's license,
noncommercial instruction permit, or nondriver's license will be
exempt from showing proof of lawful presence if the applicant:

(1)  Submits a Certificate of Release or Discharge from Active
Duty, DD Form 214, noting honorable discharge;

(2)  Has previously held a noncommercial driver's license,
noncommercial instruction permit, or nondriver's license for a
period of 15 years or more; or

(3)  Is 65 years of age or older and has previously been issued a
Missouri noncommercial driver's license, noncommercial
instruction permit, or nondriver's license.

If any federal law prohibits an exemption or would result in the
loss of federal funding, the Director of the Department of
Revenue must apply for any federal waiver necessary to allow
veterans to utilize a Certificate of Release or Discharge from
Active Duty in lieu of the requirements for submission of a birth
certificate.

INTERMEDIATE DRIVER'S LICENSES

A holder of an intermediate driver's license is allowed 30 days
after reaching 18 years of age to apply for full driving
privileges with further testing.

UTILITY ALL-TERRAIN VEHICLES

The substitute changes the definition of "all-terrain vehicle" to
include certain utility vehicles manufactured and used
exclusively for off-highway use.

IDLING ENGINE FUEL REDUCTION

Any heavy-duty vehicle equipped with an idle reduction technology
system is allowed an increase in the maximum gross vehicle weight
limit and the axle weight to compensate for the additional weight
of the system.  The weight increase must not exceed 400 pounds.

FISCAL NOTE:  No impact on state funds in FY 2007, FY 2008, and
FY 2009.

PROPONENTS:  Supporters of HB 1340 say that the bill promotes
safety on the highways by keeping unsafe vehicles off the road.

Supporters of HB 1549 say that the lawful presence exemptions in
the bill make sense and are justified.

Supporters of HB 1918 say that having a license for 15 years
should be sufficient evidence to document proof of lawful
presence.  If a person has held a license in Missouri for 15
years, it is unlikely that he or she would be a terrorist threat.

Supporters of HB 1998 say it will bring Missouri into compliance
with federal law.

Testifying for HB 1340 were Representative Schlottach; and
Missouri Motor Carriers Association.  Testifying for HB 1549 were
Representative Pearce; and Missouri Veterans Commission.
Testifying for HB 1918 was Representative Parson.  Testifying for
HB 1998 were Representative St. Onge; Department of
Transportation; and Missouri Outdoor Advertising Association.

OPPONENTS:  Those who oppose HB 1998 say that they have a problem
with an owner who wants to do something else with his or her
property and requests it be rezoned which would require
compensation for the billboards.

Testifying against HB 1998 was Missouri Municipal League.

Robert Triplett, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:42 am