HCS SCS SB 45 & 39 -- TRANSPORTATION

SPONSOR:  Mayer (Stevenson)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Transportation by a vote of 9 to 0.

This substitute changes the laws regarding transportation.

HOUSEHOLD GOODS COMMON CARRIERS

The substitute allows a household goods common carrier to file an
application with the Highways and Transportation Commission for
the approval of rates to reflect increases and decreases in the
carrier's costs.  The filing of the application will be governed
by similar rules for rate adjustments requested by electrical,
gas, or water companies.

Beginning January 1, 2008, the substitute also repeals the
exemption that currently allows intrastate household goods movers
to operate wholly in municipalities, between contiguous
municipalities, or commercial zones without having to obtain
Department of Transportation operating authority.  Currently,
household movers are exempt from the rules and regulations of
Chapter 390, RSMo, if their operations are restricted to those
specified areas.

MOTOR CARRIER TRANSPORTATION INDEMNITY AGREEMENTS

The substitute makes an indemnity agreement in a motor carrier
transportation contract which exempts a party for any losses from
negligence or intentional acts void and unenforceable.  Motor
carrier transportation contracts must not include Uniform
Intermodal Interchange and Facilities Access Agreements.

BILLBOARDS

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

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

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

(3)  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 as specified by law.

A local zoning authority cannot adopt or enforce any ordinance,
order, rule, regulation, or practice that eliminates the ability
of a property owner to build or develop property or erect an
on-premise sign solely because a legally erected billboard
already exists on the property.

COMMERCIAL DRIVERS

The commercial driver's license test will only be administered in
English, and applicants must be able to read and speak English
sufficiently to understand traffic signals, respond to inquiries,
and make entries on reports.  Applicants are prohibited from
using an interpreter when testing.

UNIFIED CARRIER REGISTRATION

The substitute authorizes the Highways and Transportation
Commission to take the necessary steps to implement and
administer a state plan to conform with the federal Unified
Carrier Registration (UCR) Act of 2005.  The UCR Act eliminates
the state's registration system and replaces it with the federal
UCR Agreement.

The commission may submit to the proper federal authorities,
amend, and carry out a state plan to qualify as a base-state and
to participate in the UCR Plan and administer the UCR Agreement.
The commission is authorized to administer the registration of
Missouri-based motor carriers, motor private carriers, brokers,
freight forwarders and leasing companies, and persons domiciled
in nonparticipating states who have designated Missouri as their
base-state under the UCR Act; to receive, collect, process,
deposit, transfer, distribute, and refund registration fees; and
to enter into an agreement with any United States agency.

Every motor carrier, motor private carrier, broker, and freight
forwarder and leasing company that has its principal place of
business in Missouri and every person who has designated this
state as his or her base-state must timely complete and file with
the commission all the forms and registration fees required by
the UCR.

Implementing the UCR Act will not be construed as exempting any
motor carrier or any person controlled by a motor carrier from
any state regulation regarding motor carriers.

FISCAL NOTE:  No impact on General Revenue Fund in FY 2008,
FY 2009, and FY 2010.  Estimated Income on Other State Funds of
Unknown in FY 2008, FY 2009, and FY 2010.

PROPONENTS:  Supporters say that fuel has increased tremendously
over the last 18 to 24 months.  Transporters of household goods
cannot add their increase costs to their rates.  Carriers along
the state borders cannot be competitive with neighboring states
which allow this to be addressed.

Testifying for the bill were Senator Mayer; and Missouri Motor
Carriers Association.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:21 am