HB 1439 -- Transportation

Sponsor:  Crawford

REAL ESTATE TRANSACTIONS

This bill 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 bill 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.

HIGHWAYS AND TRANSPORTATION COMMISSION

The bill 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 bill
contains provisions for filling vacancies due to removal, death,
resignation, or refusal to serve.  Any member reappointed will
only be eligible to serve as chair or vice chair during the final
two years of the member's reappointment.

CHIEF COUNSEL

The bill 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.

OUTDOOR ADVERTISING

The bill 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.

HIGHWAY NAME DESIGNATION

The bill 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 bill establishes a maximum axle weight on local log truck
tractors 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.

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 bill will be void.

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

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:15 am