SB 45 Modifies various provisions relating to transportation and motor vehicles
Sponsor: Mayer
LR Number: 0346L.06C Fiscal Note: 0346-06
Committee: Transportation
Last Action: 5/18/2007 - S Calendar S Bills with H Amendments (HCS, as amended) Journal Page:
Title: HCS SCS SBs 45 & 39 Calendar Position:
Effective Date: August 28, 2007
House Handler: Stevenson

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Current Bill Summary


HCS/SCS/SBs 45 & 39 - This act modifies numerous provisions relating to transportation and motor vehicles.

REGULATION OF BILLBOARDS - Under this act, the Highways and Transportation Commission is authorized to void billboard permits without paying compensation under the following conditions:

(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 such 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 the commission determines that such permit has been erroneously issued by Department of Transportation staff in violation of any state law or administrative rule. The billboard shall be subject to removal and compensation shall be paid pursuant to law. The billboard voidance provisions are contained in SB 130 and HB 744 (2007) and SB 1064 (2006)(Section 226.530 and 226.580).

LOCAL CONTROL OF BILLBOARDS - Under this act, when a legally erected billboard exists on a parcel of property, a local zoning authority shall not 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 exists on the property (Section 226.527). This provision is contained in SCS/SB 129 (2007).

FIREFIGHTER LICENSE PLATE - This act restores a corrected provision dealing with volunteer firefighter and fire district firefighter special license plates that was erroneously omitted by the General Assembly in 2004 (section 301.444). This provision is also contained in SS/SCS/SB 239 et al (2007).

CDL EXAMINATIONS - This act requires CDL written examinations to be administered in English. The act further prohibits such applicants from using an interpreter or translator while testing (Section 302.720).

HOUSEHOLD GOOD MOVERS - This act allows common household goods common carriers to file applications to the State Highways and Transportation Commission for approval of rates to reflect increases and decreases in the carrier's costs. The filing of the applications shall be governed by similar rules that govern rate adjustments requested by electrical gas or water companies. The applications shall be made in such form as the commission determines (Section 387.075). This provision is also contained in HCS#2 HB 28 (2007) and CCS/HCS/SB 30 (2007).

UNIFIED CARRIER REGISTRATION ACT - This act authorizes the State Highways and Transportation Commission to take the necessary steps to implement and administer a state plan to conform with the Unified Carrier Registration Act (UCR Act)of 2005. The federal UCR Act includes provisions to eliminate the Single State Registration System (SSRS) by January 2007 and replace it with the Unified Carrier Registration (UCR) Agreement (sections 390.021). The act also repeals Section 390.071 (pertaining to the issuance of interstate motor carrier permits) and Section 622.095 (relating to the single state registration system). These provisions are also contained in SB 200 (2007).

The act 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 MoDOT operating authority. Currently, household movers are exempt from the rules and regulations of Chapter 390, RSMo, if their operations are restricted to those described areas. The repeal of this exemption will start January 1, 2008 (Section 390.030). This provision is similar to the one contained in HCS#2/HB 28 (2007) and CCS/HCS/SB 30 (2007).

MOTOR CARRIER TRANSPORTATION INDEMNITY PROVISIONS - This act makes indemnity agreements in motor carrier transportation contracts which purport to indemnify a party against loss from negligence or intentional acts void and unenforceable. Motor carrier transportation contracts shall not include Uniform Intermodal Interchange and Facilities Access Agreements (Section 390.372). This provision is contained in SB 39 (2007).

STEPHEN WITTE