HCS/SB 697 - This act modifies the law relating to transportation and motor vehicles.
OUTDOOR ADVERTISING - This act provides that if a local zoning authority requires a legally erected billboard to be removed or altered as a condition or prerequisite for obtaining a permit or license unrelated to billboards, then such requirement shall constitute a compelled removal. This type of removal is prohibited unless just compensation is paid.
This provision is similar to SB 745 (2006), SB 29 (2005)and SB 1182 (2004).
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 outdoor advertising provisions are similar to SB 1064 (2006).
LOCAL LOG TRUCK AND LOCAL LOG TRUCK TRACTOR - This act modifies the definitions of the terms “local log truck” and “local log truck tractor” by expanding the area in which such vehicles can operate. Under current law, such vehicles are to operated at a forested site and in area extending not more than a 50 mile radius from such site. The act increases the radius to 100 miles (section 301.010).
EMERGENCY MOTOR VEHICLES - This act exempts dealers who sell only emergency vehicles from maintaining a bona fide place of business (including the related law enforcement certification requirements) and from meeting the minimum yearly sales. These provisions are similar to SB 141 (2005)(sections 301.550 and 301.560).
LAWFUL PRESENCE - Under this act, an applicant for a noncommercial driver's license 65 years of age or older may use a previously issued Missouri driver's license, instruction permit or nondriver's license as proof of lawful presence. This portion of the act contains an emergency clause (section 302.171).
REVOCATION OF MOTOR CARRIER REGISTRATIONS - This act allows the state Highway Commission to suspend, revoke or cancel the registration, license, permit or other credential 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 out-of-service orders placing an individual driver or vehicle out of service. If the commission issues an order under this act, the motor carrier shall not operate any commercial motor vehicles and shall not allow any employees to operate any commercial motor vehicles in intrastate or interstate commerce. After the commission has issued an order, the motor carrier shall surrender all license plates, motor carrier licenses, registrations, permits, and other credentials. After the commission has issued an order, the out-of-state motor carrier shall not be eligible to apply for the issuance or reinstatement of any license, registration, permit, certificate or other credential until the out-of-service order has been rescinded or the orders have been set aside by a court of proper jurisdiction. The act provides that any federal or state order shall be admissible in administrative and court proceedings and that such orders shall constitute prima facie evidence that the motor carrier violated federal regulations or that the motor carrier's operation of commercial motor vehicles poses an imminent hazard (section 622.560). This section is contained in SB 761 (2006) and SCS/SBs 1001, 896, and 761 (2006).