HCS HB 946, 1106 & 952 -- TRANSPORTATION

SPONSOR:  Crawford

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Transportation and Motor Vehicles by a vote of 15 to 5.

HIGHWAYS AND TRANSPORTATION COMMISSION

This substitute requires that beginning August 28, 2004, two
members of the Highways and Transportation Commission, one from
each opposing political party, who have the most seniority in
commission service will be elected by the commission, one to
serve as chair and the other as vice chair.  Effective March 1,
2005, the commission will then elect for a one-year term a chair
and vice chair from the two members, one from each opposing
political party, who have the most seniority in commission
service.  At the end of the one-year term, the chair and vice
chair will switch their positions.  Thereafter, the commission
leadership will continue to rotate accordingly.  The substitute
contains provisions for filling vacancies due to removal, death,
or resignation.

CHIEF COUNSEL

The substitute requires the Director of the Department of
Transportation to select and fix the salary of the chief counsel
for the department.  Currently, the chief counsel is selected by
the Highways and Transportation Commission.

REAL ESTATE TRANSACTIONS

The substitute requires that when the Highways and Transportation
Commission acquires real estate through eminent domain the
restriction or loss of access to any adjacent highway be
considered when assessing damages.  Restriction or loss of access
includes the prohibition of making right or left turns into or
out of the real estate involved, if access was present before the
proposed improvement was built.  The substitute also requires
that the report to the Joint Committee on Transportation include
an inventory of the real property owned by the Department of
Transportation and a description of all real estate transactions
by the department for the preceding fiscal year.  This
information will include the date of each transaction, the source
of revenue used, and the allocation of any income produced by the
real estate.

HIGHWAY NAME DESIGNATION

The substitute names the portion of State Highway J in Lincoln
County from the intersection of State Highway J and State Highway
47 to the intersection of State Highway J and State Highway U as
the "Veterans Highway."

LOG TRUCKS

The substitute establishes the maximum axle weight on local log
trucks of 22,400 pounds on one axle or 44,800 pounds on any
tandem axle that does not have more than three axles and does not
pull a trailer which has more than two axles.

OUTDOOR ADVERTISING

The substitute prohibits local zoning authorities from requiring
a legally erected outdoor advertising structure be removed or
altered as a condition for issuance of a permit, license, or
other approval for any use, structure, development, or activity
other than outdoor advertising without just compensation.

TRANSPORTATION CORPORATIONS OR DISTRICTS

When transportation corporations or districts issue a request for
proposals to finance, design, engineer, build, or assist in
developing any part of a project that will become part of the
state highway system, the following procedures will apply:

(1)  The transportation corporation or district must set a
deadline for filing written responses.  Failure to meet the
deadline will prohibit any future proposal to that corporation or
district;

(2)  The department proposals must meet the same requirements as
private organization proposals;

(3)  Any rules, requirements, benefits, or concessions made
available to a district or corporation by the commission or the
department must be made available in the same manner and degree
with regard to all competing proposals; and

(4)  Any agreement entered into between the commission or the
department and a transportation corporation or district after the
date of the first introduction of this legislation where the
procedures do not meet the requirements of the substitute will be
void.

The substitute contains an emergency clause for the section
dealing with taking of property by eminent domain.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that the bill will strengthen
Missouri's Department of Transportation, transportation system,
and transportation districts.

Testifying for HB 946 were Representative Crawford; and
Department of Transportation.  Testifying for HB 1106 and HB 952
was Representative Crawford.

OPPONENTS:  There was no opposition voiced to the committee.

OTHERS:  Also testifying on HB 952 was Department of
Transportation.

Robert Triplett, Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:14 am