Missouri Statute | Act | Code |Roads And Waterways| US Code - US Statute | Chapter 226 State Transportation Department

Notwithstanding any other provision of law or rule to the
contrary, the department of transportation is hereby prohibited from
contracting with private entities or vendors to operate truck stops,
fueling stations, convenience stores or restaurants on or near interstate
public rest areas. The department shall examine and research the Vermont
and Utah state programs, which have phased out interstate public rest
areas and instead have implemented a public/private partnership with
designated interstate rest exits. Nothing in this section shall prohibit
the department from maintaining existing interstate public rest areas or
constructing new interstate public rest areas consistent with this
section. (L. 2001 S.B. 244)

1. The department of highways and transportation shall hereafter
be known as the "Department of Transportation". The department shall be
in charge of a state highways and transportation commission as provided
by the constitution and statutes.

2. The director shall receive an annual salary of not less than that
provided for in section 105.950, RSMo. The salaries of the chief
engineer, chief financial officer, chief counsel, assistant chief
engineer, the secretary of the commission, and of the division chiefs,
department heads, engineers, clerks and other employees of the department
shall be fixed by the commission. (L. 1973 1st Ex. Sess. S.B. 1 § 7, A.L.
1977 H.B. 841 § 7, A.L. 1996 H.B. 991, A.L. 1998 H.B. 1681 & 1342 merged
with S.B. 883)

*Transferred; formerly section 7, Reorganization Act 1974 Appendix B

Transfer of agencies.

*226.007. 1. The Missouri-St. Louis Metropolitan Airport Authority,
chapter 305, RSMo, the Bi-State Development Agency of the
Missouri-Illinois Metropolitan District, as authorized by section 70.370,
RSMo, the Kansas City Area Transportation Authority District, as
authorized by chapter 238, RSMo, are assigned to the department of
transportation.

2. All the powers, duties and functions vested in the aviation section,
commerce and industrial development division, chapter 305, RSMo, and
others, are transferred by type I transfer to the transportation
department. (L. 1973 1st Ex. Sess. S.B. 1 § 14, A.L. 1995 H.B. 574)

*Transferred; formerly section 14, Reorganization Act 1974 Appendix B

1. The highways and transportation commission shall have
responsibility and authority, as provided in this section and sections
104.805, 389.005, 389.610, and 621.040, RSMo, for the administration and
enforcement of:

(1) Licensing, supervising and regulating motor carriers for the
transportation of passengers, household goods and other property by motor
vehicles within this state;

(2) Licensing motor carriers to transport hazardous waste, used oil,
infectious waste and permitting waste tire haulers in intrastate or
interstate commerce, or both, by motor vehicles within this state;

(3) Compliance by motor carriers and motor private carriers with
applicable requirements relating to safety and hazardous materials
transportation, within the terminals of motor carriers and motor private
carriers of passengers or property;

(4) Compliance by motor carriers and motor private carriers with
applicable requirements relating to safety and hazardous materials
transportation wherever they possess, transport or deliver hazardous
waste, used oil, infectious waste or waste tires. This authority is in
addition to, and not exclusive of, the authority of the department of
natural resources to ensure compliance with any and all applicable
requirements related to the transportation of hazardous waste, used oil,
infectious waste or waste tires;

(5) Collecting and regulating amounts payable to the state from
interstate motor carriers in accordance with the provisions of the
International Fuel Tax Agreement in accordance with section 142.617,
RSMo, and any successor or similar agreements, including the authority to
impose and collect motor fuel taxes due pursuant to chapter 142, RSMo,
and such agreement;

(6) Registering and regulating interstate commercial motor vehicles
operated upon the highways of this state, in accordance with the
provisions of the International Registration Plan in accordance with
sections 301.271 through 301.277, RSMo, and any successor or similar
agreements, including the authority to issue license plates in accordance
with sections 301.130 and 301.041, RSMo;

(7) Permitting the transportation of over dimension or overweight motor
vehicles or loads that exceed the maximum weights or dimensions otherwise
allowed upon the public highways within the jurisdiction of the highways
and transportation commission; and

(8) Licensing intrastate housemovers.

2. The highways and transportation commission shall carry out all powers,
duties and functions relating to intrastate and interstate transportation
previously performed by:

(1) The division of motor carrier and railroad safety within the
department of economic development, and all officers or employees of that
division;

(2) The department of natural resources, and all officers or employees of
that division, relating to the issuance of licenses or permits to
transport hazardous waste, used oil, infectious waste or waste tires by
motor vehicles operating within the state;

(3) The highway reciprocity commission within the department of revenue,
and all officers or employees of that commission; and the director of
revenue's powers, duties and functions relating to the highway
reciprocity commission, except that the highways and transportation
commission may allow the department of revenue to enforce the provisions
of the International Fuel Tax Agreement, as required by such agreement;
and

(4) The motor carrier services unit within the traffic functional unit of
the department of transportation, relating to the special permitting of
operations on state highways of motor vehicles or loads that exceed the
maximum length, width, height or weight limits established by law or by
the highways and transportation commission.

3. All the powers, duties and functions described in subsections 1 and 2
of this section, including but not limited to, all powers, duties and
functions pursuant to chapters 387, 390 and 622, RSMo, including all
rules and orders, are hereby transferred to the department of
transportation, which is in the charge of the highways and transportation
commission, by type I transfer, as defined in the Omnibus State
Reorganization Act of 1974, and the preceding agencies and officers shall
no longer be responsible for those powers, duties and functions.

4. All the powers, duties and functions, including all rules and orders,
of the administrative law judges of the division of motor carrier and
railroad safety, as amended by the provisions of this section and
sections 104.805, 389.005, 389.610, and 621.040, RSMo, are hereby
transferred to the administrative hearing commission within the state
office of administration.

5. The division of motor carrier and railroad safety and the highway
reciprocity commission are abolished.

6. Personnel previously employed by the division of motor carrier and
railroad safety and the highway reciprocity commission shall be
transferred to the department of transportation, but the department of
natural resources shall not be required to transfer any personnel
pursuant to this section. The administrative law judge within the
division of motor carrier and railroad safety shall be transferred to the
administrative hearing commission.

7. Credentials issued by the transferring agencies or officials before
July 11, 2002, shall remain in force or expire as provided by law. In
addition, the highways and transportation commission shall have the
authority to suspend, cancel or revoke such credentials after July 11,
2002.

8. Notwithstanding any provision of law to the contrary, on and after
July 11, 2002, all surety bonds, cash bonds, certificates of deposit,
letters of credit, drafts, checks or other financial instruments payable
to:

(1) The highway reciprocity commission or the department of revenue
pursuant to section 301.041, RSMo, or pursuant to the International Fuel
Tax Agreement; or

(2) Any other agency or official whose powers, duties or functions are
transferred pursuant to this section,

shall be payable instead to the state highways and transportation
commission.

9. The department of natural resources shall have authority to collect
and establish by rule the amount of the fee paid by applicants for a
permit to transport waste tires.

10. The Missouri hazardous waste management commission created in section
260.365, RSMo, shall have the authority to collect and establish by rule
the amount of the fee paid by applicants for a license to transport
hazardous waste, used oil, or infectious waste pursuant to section
260.395, RSMo. (L. 2002 S.B. 1202 § 308.010)

Effective 7-11-02

Whenever in sections 226.010 to 226.190, or any proceeding
thereunder, the following words or terms are used, they shall be deemed
and taken to have the meaning ascribed to them as follows:

(1) "Civil subdivision", a county, township, road district or other
political subdivision of the state or quasi public corporation having
legal jurisdiction of the construction and maintenance of public roads;

(2) "Commission", the state highways and transportation commission
created under the provisions of sections 226.010 to 226.190;

(3) "Commissioner", one of the members of the commission;

(4) "Engineer", the chief engineer of the highways and transportation
commission;

(5) "Hard-surfaced road", a highway surfaced with concrete, comparable
types, macadam, properly bound gravel, or the equivalent of properly
bound gravel, to be approved by the commission and meeting the federal
requirements;

(6) "Municipality" includes a city, town or village;

(7) "State highway", a highway constructed or maintained at the cost of
the state, or constructed with the aid of state funds or the United
States government funds, or any highway included by authority of law in
the state highway system. (RSMo 1939 § 8741, A. 1949 S.B. 1073)

Prior revision: 1929 § 8093

There is hereby created a "State Highways and Transportation
Commission", which shall be vested with the powers and duties specified
in chapters 226 and 227, RSMo, and also all powers necessary or proper to
enable the commission, or any of its officers or employees, to carry out
fully and effectively all of the purposes of chapters 226 and 227, RSMo.
(RSMo 1939 § 8742)

Prior revision: 1929 § 8094

1. The highways and transportation commission shall consist of
six members, who shall be appointed by the governor, by and with the
advice and consent of the senate, not more than three thereof to be
members of the same political party. Each commissioner shall be a
taxpayer and resident of state for at least five years prior to his
appointment. Any commissioner may be removed by the governor if fully
satisfied of his inefficiency, neglect of duty, or misconduct in office.
Commissioners appointed pursuant to this section shall be appointed for
terms of six years, except as otherwise provided in this subsection. Upon
the expiration of each of the foregoing terms of these commissioners a
successor shall be appointed for a term of six years or until his
successor is appointed and qualified which term of six years shall
thereafter be the length of term of each member of the commission unless
removed as above provided. The members of the commission shall receive as
compensation for their services twenty-five dollars per day for the time
spent in the performance of their official duties, and also their
necessary traveling and other expenses incurred while actually engaged in
the discharge of their official duties. Members whose terms otherwise
expire December 1, 2003, shall serve with terms expiring March 1, 2004,
and new members or the members reappointed shall be appointed for terms
expiring March 1, 2005; a member whose term otherwise expires December 1,
2005, shall serve with a term expiring March 1, 2007; a member whose term
otherwise expires December 1, 2007, shall serve with a term expiring
March 1, 2009; and one member whose term otherwise expires October 13,
2007, shall serve with a term expiring March 1, 2007; and one member
whose term otherwise expires October 13, 2007, shall serve with a term
expiring March 1, 2009. If a vacancy occurs in any term of a commissioner
due to death, resignation, or removal, a successor shall be appointed for
only the remainder of the unexpired term.

2. The two members of the commission, one each from opposing political
parties, who have the most seniority in commission service shall serve as
commission leadership with one member as chair and the other member as
vice chair, respectively, for terms ending March 1, 2005. The commission
shall elect one of the members as chair and the other as vice chair.
Effective March 1, 2005, the commission shall elect the two members of
the commission, one from each opposing political party who has the most
seniority in commission service, who shall serve as commission leadership
with one member as chair and the other member as vice chair,
respectively, for one year. At the end of such year, the member currently
serving as chair shall then serve as vice chair, and the member currently
serving as vice chair shall serve as chair, each to serve in such
position for one year. Thereafter, commission leadership shall continue
to rotate accordingly with the two members from opposing political
parties who have the most seniority in terms of commission service being
elected by the commission to serve as commission leadership. If one of
the commission leadership offices becomes vacant due to death,
resignation, removal, or refuses to serve before the one-year leadership
term expires, the commission shall elect one of its members that is of
the same political party as the vacating officer to serve the remainder
of the vacating officer's leadership term. Such election shall not
prohibit that member from later serving as chair and vice chair when such
member's seniority in commission service qualifies him or her for those
offices as provided in this subsection.

3. No more than one-half of the members of the commission shall be of the
same political party. The selection and removal of all employees of the
department of transportation shall be without regard to political
affiliation.

4. The present members of the commission shall continue to serve as
members of the commission for the remainder of the terms for which they
were appointed, except as provided in subsection 1 of this section.

*5. The director of the department of transportation shall, by February
fifteenth of each year, present an annual state of the state of
transportation to a joint session of the general assembly. The six
members of the commission shall be present and available at such
presentations for questions by members. The transportation inspector
general may also be present and report to the general assembly on any
matter of concern within his or her statutory authority. The provisions
of this subsection shall expire August 28, 2008.

6. Any member reappointed shall only be eligible to serve as chair or
vice-chair during the final two years of such member's reappointment.
(RSMo 1939 § 8743, A.L. 1965 p. 368, A.L. 2003 H.B. 668, A.L. 2004 S.B.
1233, et al.)

Prior revision: 1929 § 8095

*Subsection 5 expires 8-28-08

CROSS REFERENCE: Qualifications of members and employees of commission,
powers, Const. Art. IV § 29

Any commissioner appointed or reappointed after March 1, 2004,
shall not:

(1) Host or manage a political fund-raiser or solicit funds for any
candidate who is seeking a statewide or nationally elected office;

(2) Serve on the board or chair any political action committee, political
party committee, or continuing committee. (L. 2003 H.B. 668)

1. The state highways and transportation commission shall
appoint a chief executive officer with the title of director of the
Missouri department of transportation. The director shall serve at the
pleasure of the commission. The director shall be a citizen and a
resident of this state, shall have had executive management experience
for at least five years, and may be a registered professional engineer.
The director's duties shall include appointment of a chief engineer, a
chief financial officer and other department heads, engineers and other
employees as the commission may designate and deem necessary. Under the
direction of the commission, the director shall have general charge of,
and be responsible for, the overall operations and performance of the
department. The director shall provide quarterly to the commission at its
regularly scheduled meetings a current unaudited written version of the
report required in subsection 2 of section 21.795, RSMo, with changes
from the most recent audited report clearly marked. Such report shall be
made available to the public.

2. The chief engineer shall be a registered professional engineer
responsible for preparation and approval of all engineering documents,
plans and specifications and shall have general oversight of construction
and maintenance work for the department as determined by the director.

3. Engineers of the department responsible for supervising the activities
of road and bridge design, construction, maintenance and materials
inspection and analysis shall be registered professional engineers in
this state. (RSMo 1939 § 8744, A.L. 1951 p. 800, A.L. 1998 H.B. 1681 &
1342 merged with S.B. 883)

Prior revision: 1929 § 8096

CROSS REFERENCES: Chief engineer may grant special permits for overweight
vehicles, RSMo 304.200 Housemovers, special permit, duties of chief
engineer, RSMo 324.715

The state highways and transportation commission shall appoint a
secretary who shall serve at its pleasure. The secretary shall keep
complete and accurate records of all the proceedings of the commission,
shall be the custodian of all books, maps, documents and papers filed
with the commission and all orders made by the commission. Under the
direction of the commission, the secretary shall have such authority and
perform such duties as the commission may require. The secretary may
designate one of the clerks in his office to perform the duties of the
secretary during his absence, and during such time the clerk so
designated shall, while at the office of the commission, possess the
powers of the secretary. (RSMo 1939 § 8745, A.L. 1951 p. 800)

Prior revision: 1929 § 8097

1. The director of the Missouri department of transportation,
with the consent of the highways and transportation commission, shall
select and fix the salary of a chief counsel who shall possess the same
qualifications as judges of the supreme court and who shall serve at the
pleasure of the director and shall appear for and represent the
commission in all actions and proceedings under chapters 226 and 227,
RSMo, or any other law administered by the commission, or in any
decision, order or proceeding of the commission, or of the director and
shall commence, prosecute or defend all actions or proceedings authorized
or requested by the commission or to which the commission is a party and
shall advise the commission or the director, when requested, in all
matters in connection with the organization, powers and duties of the
commission or the powers and duties of the director.

2. The chief counsel shall, with the consent of the director, appoint
such assistant attorneys as the director may deem necessary and their
salaries shall be fixed by the director. The chief counsel's office shall
be furnished offices in the department of transportation building.

3. Nothing in this subsection shall be construed to conflict with the
duties of the chief counsel as established in subsection 1 of this
section. The chief counsel, or assistant attorneys designated by the
chief counsel, shall render legal opinions and advise the commission and
director on any matter required by the commission or the director. The
commission, or an individual commissioner or commissioners, may request
legal opinions or advice from the chief counsel pursuant to subsection 1
of this section and the chief counsel or an assistant attorney designated
by the chief counsel shall provide such opinion or advice directly to the
commission or individual commissioners making the request. (RSMo 1939 §
8746, A.L. 1951 p. 800, A.L. 1999 S.B. 268, A.L. 2004 S.B. 1233, et al.)

Prior revision: 1929 § 8098

When directed by the governor, or requested in writing by the
commission, the attorney general shall advise the commission and shall
assist the legal adviser of the commission in any proceeding in any of
the courts of the state in which the commission is a party. (RSMo 1939 §
8747)

Prior revision: 1929 § 8099

The salaries of the department heads, engineers, clerks and
other employees shall be fixed by the commission, except that the
compensation of clerical or other nontechnical employees of the
department shall not exceed that of those in similar employment in other
departments of the state. Preference shall be given, other conditions
being equal, to employment of honorably discharged members of the armed
services, but any other preference or discrimination in connection with
employment is declared to be unlawful. (RSMo 1939 § 8748, A.L. 1951 p.
800, A.L. 1955 p. 764, A.L. 1959 H.B. 134, A.L. 1963 p. 392, A.L. 1967 p.
315, A.L. 1969 H.B. 457, A.L. 1977 H.B. 841)

Prior revision: 1929 § 8100

Effective 1-1-78

All members of the commission, and every other person appointed
to office, or employed by the commission, shall, before entering upon the
duties of his office or employment, take and subscribe to an oath or
affirmation to support the Constitution of the United States and of this
state, and to faithfully and honestly discharge the duties of such office
or employment. No member of the commission, engineer, or other person
appointed or employed by the commission shall, directly or indirectly,
have any pecuniary interest in, or act as agent for, the sale of road or
bridge building material, equipment, tools, machinery or supplies, or in
any contract for the construction or maintenance of state highways or
bridges, or the financing thereof, or in any performance bond or workers'
compensation or any other insurance furnished to the commission, or
insurance furnished to any person, firm or corporation contracting with
the commission. Any officer or employee of the commission who has custody
or control of property or funds of the state, shall give a good and
sufficient bond, in an amount and with sureties satisfactory to the
commission, conditioned upon the faithful discharge of the duties of his
office and upon the accounting for all property and funds coming into his
hands by, through or from such office. Any officer or employee who shall
violate the provisions of this section shall be guilty of a misdemeanor.
The commission shall have power to remove any officer or employee of the
commission. The selection and removal of all employees of the highways
and transportation commission, of the transportation department, or of
the department of transportation, shall be without regard to political
affiliations. (RSMo 1939 § 8749, A.L. 1945 p. 1408, A.L. 1951 p. 800)

Prior revision: 1929 § 8101

The state highways and transportation commission is authorized,
when considered by it to be in the public interest, to provide liability
insurance covering the operation of all motor vehicles and equipment,
including airplanes and boats, owned, leased, rented, or operated
pursuant to commission authorization and used in the performance of
official commission or department business. The commission is authorized
to provide such insurance coverage for all authorized operators, as
determined by the commission, and the commission's liability by a plan of
self-insurance operated in accordance with commercial insurance industry
standards for fleet vehicle coverage or by a plan partially self-insured
and partially insured by a contract of insurance with an insurance
company or by a plan fully insured by a contract of insurance with an
insurance company as the commission deems to be in the public interest.
If the commission provides for a plan of self-insurance or partial
self-insurance, it shall annually determine the amount of contribution to
the plan required to pay all accrued and anticipated claims and the cost
of administering the plan and shall include such amount in its budget
request for contribution to the commission's self-insurance plan. The
commission may contract for the services of such actuaries, consultants,
and claims administrators as it deems necessary for the effective
administration of a self-insurance plan and is authorized to contract for
excess insurance coverage with an insurance company authorized to write
such coverage in this state. The immunity in tort actions of the state
and the commission shall not be in any way affected by this section. (L.
1971 H.B. 60 § 1, A.L. 1986 S.B. 524, A.L. 2004 H.B. 1285 merged with
S.B. 1233, et al.)

(1977) Statutes which contain disclaimer provisions that they shall not
be construed as a waiver of sovereign immunity show desirability of
providing relief rather than legislative expression favoring retention of
sovereign immunity. Jones v. State Highway Commission (Mo.), 577 S.W.2d
225.

Upon request of the plaintiff in a negligence action against the
department of transportation as defendant, the case shall be arbitrated
by a panel of three arbiters pursuant to the provisions of chapter 435,
RSMo. (L. 1999 S.B. 295 & 46 § 2)

(2001) Section requiring Highways and Transportation Commission to submit
to arbitration when plaintiff with negligence claim against Commission
requests arbitration is constitutional. Murray v. Missouri Highways and
Transportation Commission, 37 S.W.3d 228 (Mo.banc).

1. This section shall govern any controversy or claim to which
the Missouri department of transportation is a party that arises out of
or relates to a contract awarded pursuant to subdivision (9) of
subsection 1 of section 226.130, and the claim exceeds twenty-five
thousand dollars, but is less than three hundred twenty-seven thousand
dollars as adjusted on an annual basis effective January first of each
year in accordance with the Implicit Price Deflator for Personal
Consumption Expenditures as calculated pursuant to subsection 5 of
section 537.610, RSMo. Provided a claim has been filed pursuant to the
procedures set forth in the Missouri standard specifications for highway
construction, or its successor, upon issuance of a final decision as
provided in such standards or upon expiration of ninety days from the
date the claim was filed, the controversy or claim shall upon written
demand by any party to the contract be settled by arbitration
administered by the American Arbitration Association under its
Construction Industry Arbitration Rules, except as provided herein. The
highways and transportation commission shall promulgate rules pursuant to
chapter 536, RSMo, to become effective on or before July 1, 2004,
establishing a method for appointment of arbitrators and allowing for the
mediation of claims upon agreement of both parties. Judgment upon awards
rendered under arbitration shall be entered in the circuit court of Cole
County, Missouri.

2. Any contract specification, special provision, contract clause, or
rule pertaining to contracts governed by this section, which purports to
waive, release or extinguish the rights of a contractor to file a claim,
or which purports to bind any court of competent jurisdiction or
alternate dispute resolution process to any determinations of fact
rendered by the Missouri department of transportation or its employees
and agents so as to prevent any such court or alternate dispute
resolution process from fully considering the merits of any controversy
or claim governed by this section, is against public policy and shall be
void and unenforceable.

3. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
section shall become effective only if it complies with and is subject to
all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and
if any of the powers vested with the general assembly pursuant to chapter
536, RSMo, to review, to delay the effective date, or to disapprove and
annul a rule are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after August 28,
2003, shall be invalid and void. (L. 2003 H.B. 668)

The principal office of the commission shall be in the City of
Jefferson, Missouri. The said office shall be provided and assigned by
the board of public buildings which board may rent or lease offices, if
it be found necessary. The commission shall have a seal bearing the
inscription, " Missouri Highways and Transportation Commission", which
shall be in the custody of the secretary, and shall be affixed to all
official documents of the commission, or of the director, and to such
other instruments as the commission shall direct. The courts of this
state shall take judicial notice of said seal. The commission may sue and
be sued in its official name, and for the purpose of suit and other legal
proceedings, service may be had on the secretary. The commission shall be
supplied with all necessary books, maps, charts, stationery, office
furniture, telephone and other necessary appliances, supplies and
incidentals, to be paid for in the same manner as other expenses
authorized by chapters 226 and 227, RSMo. Each of the members of the
commission, the secretary and the director shall have power and authority
to administer oaths in all parts of the state, so far as such authority
is incidental to the performance of their duties. (RSMo 1939 § 8750, A.
1949 S.B. 1073, A.L. 1999 S.B. 268)

Prior revision: 1929 § 8102

(1974) Held that state of Missouri subjects itself to the same
obligations as the federal government by accepting responsibility for
administering relocation benefits and has thus consented to be sued in a
controversy over relocation benefits. Also held that entry into
occupation of property after initiation of negotiations for the property
has begun does not bar recovery of relocation benefits. Tullock v. State
Highway Commission of Missouri (CA Mo.), 507 F.2d 712.

(1987) For actions against the Missouri Highway and Transportation
Commission special venue is fixed in Cole County by 1927 judicial
interpretation of section 226.100 since office is established in
Jefferson City and thus venue in action against Commission pursuant to
this section was improper. State ex rel. Missouri Highway and
Transportation Commission, 731 S.W.2d 461 (Mo. App.).

(1993) Section is not a special venue statute; tort action brought
against Commission is properly filed pursuant to general venue statute in
county where tort occurs. State ex rel. Govero v. Kehm, 850 S.W.2d 100
(Mo.banc), overruling State ex rel. Missouri Highway and Transportation
Commission v. Patterson (cited in RSMo 2000, Volume 6).

The state transportation department building shall constitute
the official residence of the state highways and transportation
commission. Such building shall be under the charge and control of the
board of public buildings, which is directed and empowered to provide for
the proper maintenance and repair of said building, and to preserve the
same from waste and damage from fire and other causes. The board of
public buildings may appoint and employ janitors, elevator operators and
watchmen necessary for the proper use, maintenance, management and
control of said building. The cost of material, labor and repair
necessary for the maintenance and use of said building shall be paid by
the state treasurer out of the state highway department fund, upon
warrants based upon bills of particulars and vouchers certified by the
board of public buildings. (L. 1927 p. 425 §§ 10, 12, A. 1949 S.B. 1073)

The members of the commission shall elect a member as chairman
and another vice chairman, each of whom shall hold such office for a term
prescribed by the commission. Four members of the commission shall
constitute a quorum for the transaction of business and for the exercise
of any of the powers or the discharge of any of the duties authorized or
imposed by law. The commission shall meet at least once each month and at
such other times, and at such places within the state, as the commission
shall determine. The chairman or, in the event of his inability to act,
the vice chairman may call special meetings of the commission upon notice
to members. (RSMo 1939 § 8751, A.L. 1951 p. 800, A.L. 1976 S.B. 631)

Prior revision: 1929 § 8103

1. The commission shall:

(1) Have supervision of highways and bridges which are constructed,
improved and maintained in whole or in part by the aid of state moneys,
and of highways constructed in whole or in part by the aid of moneys
appropriated by the United States government, so far as such supervision
is consistent with the acts of Congress relating thereto;

(2) Prescribe rules and regulations not inconsistent with law, fixing the
duties of all persons employed by the state highways and transportation
commission;

(3) Provide for aiding county highway engineers or other officials of
civil subdivisions in establishing gradients and alignments, and
preparing suitable systems for maintenance of highways and bridges;

(4) Cause standard plans, specifications and estimates to be prepared for
the repair and improvement of highways and the construction and repair of
bridges by civil subdivisions;

(5) Investigate and determine upon the various methods of road and bridge
construction adapted to different sections of the state and as to the
best methods of construction and maintenance of highways and bridges;

(6) Compile statistics relating to public highways throughout the state
and collect such information in regard thereto as it shall deem expedient;

(7) Aid at all times in promoting highway improvement throughout the
state;

(8) Prepare plans, specifications and estimates for all state highways;

(9) Let all contracts for the construction or improvement of state
highways;

(10) Prescribe a system of auditing and accounting for all road and
bridge moneys for the use of all highway officials, which system shall be
as nearly uniform as practicable;

(11) Have power to construct, under its own direction and supervision,
all roads, culverts or bridges, or any part thereof as herein provided.

2. No rule or portion of a rule promulgated under the authority of this
chapter shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo. (RSMo 1939 § 8752, A.L. 1993
S.B. 52, A.L. 1995 S.B. 3)

Prior revision: 1929 § 8104

CROSS REFERENCES: Acquisition of land, authorized for what purposes, RSMo
227.120 Bridges over state lines, commission may join with other states
to secure, RSMo 234.190 Commission may accept title and ownership of
bridge, when, RSMo 234.200 Toll bridges, commission may contribute to
cost, RSMo 234.230

The general assembly recognizes that nothing in section 142.345,
RSMo, and sections 226.133, 226.134 and 226.200 fully addresses the total
transportation infrastructure needs of the state. In order for the state
to exploit all of its transportation assets, the department of
transportation shall create a multimodal, total transportation plan based
solely upon the real needs of the state. The department of transportation
shall objectively evaluate the actual multimodal needs, including
aviation, highways, bridges, rail, transit and water ports, of the state
based upon criteria that will enhance the state's transportation
infrastructure and economic development well-being and shall submit its
total transportation plan to the joint committee on transportation
oversight, the president pro tem of the senate and the speaker of the
house of representatives by January 2, 2001. (L. 2000 H.B. 1742)

1. The general assembly may authorize the highways and
transportation commission to issue bonds or other evidence of
indebtedness in an amount not to exceed two billion dollars from fiscal
year 2001 to fiscal year 2006; except that, the highways and
transportation commission may immediately authorize issue of bonds up to
two hundred fifty million dollars for the purpose of providing funds for
use in highway construction and repairs scheduled in the five-year plan.
The principal amount of such bonds shall not exceed five hundred million
dollars in any one fiscal year. Proceeds from the issuance of the bonds
shall be provided to the department of transportation to pay for the cost
of construction engineering and construction. The proceeds from the bonds
shall not be used to pay for administrative expenses, including but not
limited to planning and design expenses. Contracted final design shall
not be considered an administrative expense, but shall not exceed seven
percent of any project.

2. To obtain authorization for the issuance of bonds, the highways and
transportation commission shall annually present to the general assembly,
by the tenth legislative day, a proposed plan and an analysis
demonstrating the feasibility and appropriateness thereof. The plan to
issue bonds shall become effective no later than forty-five calendar days
after the plan proposed by the highways and transportation commission is
submitted to a regular session of the general assembly, unless it is
disapproved within forty-five calendar days of its submission to a
regular session by a concurrent resolution introduced within fourteen
calendar days of the submission of the plan to a regular session of the
general assembly and adopted by a majority vote of the elected members of
each house. If no concurrent resolution disapproving of the highway plan
is introduced within fourteen calendar days of the submission of the plan
to the legislature, then the plan shall become effective immediately. The
presiding officer of each house in which a concurrent resolution
disapproving of a plan to issue bonds has been introduced, unless the
resolution has been previously accepted or rejected by that house, shall
submit it to a vote of the membership not sooner than seven calendar days
or later than fourteen calendar days after introduction of the concurrent
resolution pertaining to the department of transportation plan. The
presiding officer of the house passing a concurrent resolution
disapproving of a plan to issue bonds shall immediately forward the bill
to the other house and the presiding officer of that house shall submit
it to a vote of the membership not sooner than seven calendar days or
later than fourteen calendar days of its receipt from the other
legislative body. The plan submitted by the highways and transportation
commission shall not be subject to amendment by either chamber and may
only be rejected in its entirety.

3. The highways and transportation commission shall offer such bonds at
public sale or negotiated sale. The bonds shall be for a period of not
less than ten years and not more than twenty years from their date of
issue and shall bear interest at a rate or rates not exceeding the rate
permitted by law.

4. The proceeds of the sale or sales of any bonds issued pursuant to this
section shall be paid into the state road fund to be expended for the
purpose specified pursuant to the provisions of section 226.220.

5. Bonds issued pursuant to this section shall be state road bonds as
such term is used in section 30(b) of article IV of the state
constitution, and as such, principal and interest payments on such bonds
shall be made from the state road fund as provided in section 30(b) of
article IV of the state constitution. Bonds issued pursuant to this
section shall not be deemed to constitute a debt or liability of the
state or a pledge of the full faith and credit of the state, and the
principal and interest on such bonds shall be payable solely from the
state road fund. Bonds issued pursuant to this section, the interest
thereon, or any proceeds from such bonds, shall be exempt from taxation
in the state of Missouri for all purposes except for the state estate tax.

6. Bonds may be issued for the purpose of refunding, either at maturity
or in advance of maturity, any bonds issued under this section. The
proceeds of such refunding bonds may either be applied to the payment of
the bonds being refunded or deposited in trust and maintained in cash or
investments for the retirement of the bonds being refunded, as shall be
specified by the highways and transportation commission and the
authorizing resolution or trust indenture securing such refunding bonds.
The authorizing resolution or trust indenture securing the refunding
bonds shall specify the amount and other terms of the refunding bonds and
may provide that the refunding bonds shall have the same security for
their payment as provided for the bonds being refunded. The refunding
bonds shall be for a period of not less than ten years and not more than
twenty years from their date of issue and shall bear interest at a rate
or rates not exceeding the rate permitted by law. The principal amount of
refunding bonds issued pursuant to this section shall not be counted
toward the limit on the principal amount of bonds permitted under this
section. (L. 1993 1st Ex. Sess. H.B. 2, A.L. 2000 H.B. 1742)

Effective 5-30-00

All projects funded by bonds authorized in section 226.133 shall
be funded in conformity with the priorities established in the 1992 plan
developed by the transportation department. (L. 1993 1st Ex. Sess. H.B. 2
§ 5, A.L. 2000 H.B. 1742)

1. The state highways and transportation commission shall have
the authority to enter into one or more agreements with appropriate
authorities within other states for the issuance of a multistate or
regional permit for vehicles and equipment exceeding the legal
limitations on width, length, height and weight, or which are unable to
maintain minimum speed limits. Such permits shall be issued by the chief
engineer of the state department of transportation, or his counterpart in
another state subject to such an agreement with the commission, for good
cause shown and when the public safety or public interest so justifies.
Such permits shall be issued only for a single trip or for a definite
period, not exceeding the maximum period set forth in the multistate
agreement with the commission, and shall designate the highways and
bridges within Missouri which may be used under the authority of such
permit.

2. The chief engineer of the department of transportation shall have
authority to collect permit fees for Missouri and for the other state or
states subject to an agreement authorized in subsection 1 of this
section, in the same manner as he now collects fees for permits for
vehicles and equipment exceeding width, length, height and weight limits,
or which are unable to maintain minimum speed limits, for travel
exclusively within Missouri. Within each agreement authorized in this
section, the highways and transportation commission may authorize
officials in another state or states subject to that agreement to collect
fees for and on behalf of the commission as well as other states, in
compensation for the issuance of such permits for those vehicles and
equipment to travel on Missouri highways and bridges. Permit fees for
multistate travel for such vehicles and equipment shall be established
and reestablished within each agreement authorized in this section, and
any amendments thereto.

3. The permit fees collected by the chief engineer on behalf of other
jurisdictions under agreements made under subsection 1 of this section
are hereby designated as "nonstate funds" within the meaning of section
15, article IV, Constitution of Missouri, and shall be immediately
transmitted to the department of revenue of the state for deposit to the
credit of a special fund which is hereby created and designated as the
"Over-Dimension Permit Fund". The chief engineer shall not less
frequently than once each month direct the payment of, and the director
of revenue shall pay, the fees so collected to the appropriate other
jurisdictions. All income derived from the investment of the
over-dimension permit fund by the director of revenue shall be credited
to the state road fund. The portion of those permit fees collected by
another state or states pursuant to the terms of the agreement authorized
by this section and owing to the Missouri highways and transportation
commission shall be deposited into the state road fund, as provided in
the agreement. (L. 1990 H.B. 1684 § 2)

On or after June 30, 1996, any person, firm, corporation or
other entity doing business in the state of Missouri that has within the
year of issuance and the two calendar years prior to the issuance of any
bonds pursuant to sections 226.900 to 226.910 and sections 226.133 to
226.136 made campaign contributions as defined in chapter 130, RSMo, in
the aggregate in excess of one thousand dollars to any statewide elected
official or any member of the general assembly shall not serve as
financial underwriter, financial advisor, or investment advisor to any
bonds issued pursuant to the authority granted in sections 226.900 to
226.910 and sections 226.133 to 226.136. (L. 1993 1st Ex. Sess. H.B. 2 §
6)

Effective 9-30-93

1. The governor may cause the books and accounts of the
commission to be audited by the state auditor or otherwise at any time.

2. As authorized by article IV, section 30(c) of the Missouri
Constitution, the commission shall develop a plan to modernize the
state's transportation system, including but not limited to, mass
transportation, aviation, railroads, ports and waterborne commerce. The
commission shall make a report to the governor and the general assembly
prior to January 1, 1994, and by January first of each year thereafter.
The commission shall include in the report a review of its pursuit of
federal funds including mass transit matching funds to ensure that
Missouri is receiving all of the federal transportation assistance to
which it is entitled.

3. The state auditor shall, where practicable, use but shall not be
limited to the data and information developed for, and provided by, the
report required pursuant to subdivision (1) of subsection 2 of section
21.795, RSMo, when performing an audit authorized by section 29.210,
RSMo. (RSMo 1939 § 8762, A.L. 1951 p. 800, A.L. 1989 S.B. 186, A.L. 1993
H.B. 566, A.L. 1998 H.B. 1681 & 1342 merged with S.B. 883)

Prior revision: 1929 § 8114

The commission is hereby directed to comply with the provisions
of any act of Congress providing for the distribution and expenditure of
funds of the United States appropriated by Congress for highway
construction, and to comply with any of the rules or conditions made by
the Bureau of Public Roads of the Department of Agriculture, or other
branch of the United States government, acting under the provisions of
federal law in order to secure to the state of Missouri funds allotted to
this state by the United States government for highway construction. The
commission is authorized to pay the state's proportion of the cost of
roads constructed with federal and state funds out of the state road
fund. Any money due to the state of Missouri from the United States,
under the provisions of such acts of Congress, relating to highway
construction, shall be received by the state treasury and deposited in a
separate fund, and paid out by the state treasurer on requisitions drawn
by an officer of the state highways and transportation commission on a
warrant of the state auditor. Said funds being the funds of the federal
government allotted to the state of Missouri, no appropriation of the
general assembly for the expenditure of such funds shall be necessary.
The commission is authorized to accept, receive and utilize any road
machinery, trucks or supplies donated, loaned or sold to the state by the
federal government, and to pay the necessary transportation and other
expenses of securing the same. The commission may also sell any
unnecessary or surplus tools or equipment and receive payment therefor
and all money received on account of such sales, if any, shall be
immediately paid into the state treasury to the credit of the state road
fund; provided, however, that no such unnecessary or surplus tools or
equipment shall be sold directly or indirectly by the commission to any
employees of the transportation department except when such sales are
made at public sale open to the general public. (RSMo 1939 § 8754, A.L.
1977 H.B. 185)

Prior revision: 1929 § 8106

(1975) Failure to negotiate as required by federal law deprives trial
court of jurisdiction and prohibition is proper remedy for condemnee.
State ex rel. Weatherby Advertising v. Conley (Mo.), 527 S.W.2d 334.

(1987) This section does not require judicial review of Commission's
compliance with federal funding in condemnation actions pursuant to
section 523.010 where federal funds are being used and court did not err
in denying landowner's subpoena for work product of appraisers issued for
the purpose of determining whether condemnor complied with federal law by
negotiating in good faith and in accordance with appraisers' reports. Mo.
Highway & Transp. Com'n. v. Anderson, Anderson, 735 S.W.2d 350 (Mo. banc).

(1994) Expenditure of state road fund for mitigation plan required by
federal Pipeline Safety Act is appropriate expenditure under Art. IV,
Sec. 30(b), Mo. Const., as it relates and appertains to the construction
of Page Avenue Extension of state highway. DeMere v. Missouri State
Highway and Transportation Commission. 876 S.W.2d 652 (Mo. App. W.D.).

1. The provisions of chapter 287, RSMo, governing workers'
compensation may be extended to include the employees of the state
highways and transportation commission and the employees of the state
highway patrol as herein provided. The state highways and transportation
commission shall have authority by resolution to elect, under the
provisions of section 287.030, RSMo, to accept the provisions of chapter
287, RSMo, and to pay compensation to its employees and to the uniformed
members of the state highway patrol, for injury or death arising out of
and in the course of their employment in accordance with the provisions
and restrictions as set forth in chapter 287, RSMo. The state highways
and transportation commission shall adopt rules classifying the employees
who may be eligible for compensation under this section and section
226.170 and its classification shall be decisive as to whether or not an
employee falls within the definition of an employee eligible for
compensation coverage under this section and section 226.170. In case the
commission shall elect to accept such provisions, it may purchase
insurance for such purpose or establish a self-insurance plan pursuant to
the provisions of chapter 287, RSMo. The commission shall have authority
to perform such other duties as may be necessary or incidental
effectually to carry out the purposes of this law.

2. If the commission decides to establish a self-insurance plan, the
commission shall annually determine the amount of contribution to the
plan required to pay all accrued and anticipated claims and the cost of
administering the plan, and shall include such amount in its budget
request for contribution to the highways and transportation commission
employees' and highway patrol workers' compensation fund. The commission
may contract for the services of such actuaries, consultants and claims
administrators as it deems necessary for the effective administration of
a self-insurance plan, and is authorized to contract for excess insurance
coverage with an insurance company authorized to write such coverage in
this state. (L. 1945 p. 2004 § 8752a, A.L. 1986 S.B. 524)

Effective 6-3-86

No election of the state highways and transportation commission
to come under the provisions of chapter 287, RSMo, shall ever be
construed as acknowledging or creating any liability in tort or as
incurring other obligations or duties except only the duty and obligation
of complying with the provisions of said chapter 287, RSMo, so long as
said commission may elect to remain under the provisions of chapter 287,
RSMo. (L. 1945 p. 2004 § 8752b)

Any agency, department or political subdivision of the state
shall, at least thirty days prior to requesting any federal funds or any
other federal assistance for a public park or recreation area, notify the
Missouri transportation department of such request. (L. 1995 S.B. 212)

That assent is hereby given to an act of the Congress of the
United States, entitled: "An act to provide that the United States shall
aid the states in the construction of rural post roads and for other
purposes". (RSMo 1939 § 8740)

Prior revisions: 1929 § 8092; 1919 § 10889

1. For the purposes of assisting in the planning, acquisition,
development and construction of transportation facilities other than
highways in this state, there is hereby created in the state treasury a
fund known as the "State Transportation Assistance Revolving Fund". The
fund shall receive all moneys which may be appropriated or otherwise
credited to it by the general assembly and shall also receive any gifts,
contributions, grants or bequests received from federal, private or other
sources.

2. The state transportation assistance revolving fund shall be
administered by the state highways and transportation commission which
shall have the power to loan moneys in the fund to any political
subdivision of the state or to any public or private not-for-profit
organization or entity for:

(1) The planning, acquisition, development and construction of facilities
for transportation by air, water, rail or mass transit;

(2) The purchase of vehicles for the transportation of elderly or
handicapped persons; or

(3) The purchase of rolling stock for transit purposes. No funds provided
by this section shall be used for the payment of the operating expenses
of such transportation facilities or for the construction or maintenance
of state highways.

3. The state highways and transportation commission, by rule, shall
establish* the procedures, conditions and repayment terms applicable to
any loans or grants made under this section. An application fee or other
charges may be assessed by the commission. Loans made under this section
may be interest bearing or interest free.

4. Loaned funds and the interest, if any, accrued thereon which are
repaid to the state highways and transportation commission shall be
deposited in the state treasury to the credit of the state transportation
assistance revolving fund and may be used by the commission for other
eligible projects under this section.

5. Any balance in the state transportation assistance revolving fund
remaining at the end of an appropriation period shall not be transferred
to the general revenue fund and the provisions of section 33.080, RSMo,
shall not apply to the fund. All interest earned upon the balance in the
state transportation assistance revolving fund shall be deposited to the
credit of the same fund. (L. 1996 S.B. 780 § 14)

*Word "established" appears in original rolls.

1. There is hereby created a "State Highways and Transportation
Department Fund" into which shall be paid or transferred all state
revenue derived from highway users as an incident to their use or right
to use the highways of the state, including all state license fees and
taxes upon motor vehicles, trailers, and motor vehicle fuels, and upon,
with respect to, or on the privilege of the manufacture, receipt,
storage, distribution, sale or use thereof (excepting the sales tax on
motor vehicles and trailers, and all property taxes), and all other
revenue received or held for expenditure by or under the department of
transportation or the state highways and transportation commission,
except:

(1) Money arising from the sale of bonds;

(2) Money received from the United States government; or

(3) Money received for some particular use or uses other than for the
payment of principal and interest on outstanding state road bonds.

2. Subject to the limitations of subsection 3 of this section, from said
fund shall be paid or credited the cost:

(1) Of collection of all said state revenue derived from highway users as
an incident to their use or right to use the highways of the state;

(2) Of maintaining the state highways and transportation commission;

(3) Of maintaining the state transportation department;

(4) Of any workers' compensation for state transportation department
employees;

(5) Of the share of the transportation department in any retirement
program for state employees, only as may be provided by law; and

(6) Of administering and enforcing any state motor vehicle laws or
traffic regulations.

3. Beginning in fiscal year 2004, the total amount of appropriations from
the state highways and transportation department fund for all state
offices and departments, except for the highway patrol, and actual costs
incurred by the office of administration for or on behalf of the highway
patrol and employees of the department of transportation, shall not
exceed the total amount appropriated for such offices and departments
from said fund for fiscal year 2001. Appropriations to the highway patrol
from the state highways and transportation department fund shall be made
in accordance with article IV, section 30(b) of the Missouri
Constitution. Appropriations allocated from the state highways and
transportation department fund to the highway patrol shall only be used
by the highway patrol to administer and enforce state motor vehicle laws
or traffic regulations. Beginning July 1, 2007, any activities or
functions conducted by the highway patrol not related to enforcing or
administering state motor vehicle laws or traffic regulations shall not
be funded by the state highways and transportation department fund, but
shall be funded from general revenue or any other applicable source. Any
current funding from the highways and transportation department fund used
for activities not related to enforcing state motor vehicle laws or
traffic regulations shall expire on June 30, 2007. The state auditor
shall annually audit and examine the appropriations made to the highway
patrol to determine whether such appropriations are actually being used
for administering and enforcing state motor vehicle laws and traffic
regulations pursuant to the constitution. The state auditor shall submit
its annual findings to the general assembly by January fifteenth of each
year.

4. The provisions of subsection 3 of this section shall not apply to
appropriations from the state highways and transportation department fund
to the highways and transportation commission and the state
transportation department or to appropriations to the office of
administration for department of transportation employee fringe benefits
and OASDHI payments, or to appropriations to the department of revenue
for motor vehicle fuel tax refunds under chapter 142, RSMo, or to
appropriations to the department of revenue for refunds or overpayments
or erroneous payments from the state highways and transportation
department fund.

5. All interest earned upon the state highways and transportation
department fund shall be deposited in and to the credit of such fund.

6. Any balance remaining in said fund after payment of said costs shall
be transferred to the state road fund.

7. Notwithstanding the provisions of subsection 2 of this section to the
contrary, any funds raised as a result of increased taxation pursuant to
sections 142.025 and 142.372, RSMo, after April 1, 1992, shall not be
used for administrative purposes or administrative expenses of the
transportation department. (RSMo 1939 § 8809, A.L. 1945 p. 1467, A.L.
1987 S.B. 135 & 63, A.L. 1988 H.B. 1790, A.L. 1992 H.B. 1247, A.L. 1996
H.B. 991, A.L. 2000 H.B. 1742, A.L. 2002 H.B. 1196)

Prior revision: 1929 § 8144

CROSS REFERENCES:

Costs of control of Johnson grass on right-of-way, how paid, RSMo 263.265

Drivers license fees to be credited to highway department fund, RSMo
302.228

Transportation department employees and highway patrol retirement system,
Chap. 104, RSMo

Motor vehicle commission fund, certain licensing fees to be paid into
fund, RSMo 301.560

Source, application and allocation of highways and transportation funds,
Const. Art. IV §§ 30(b), 32

There is hereby created and set up the "State Road Bond and
Interest Sinking Fund" into which shall be paid the balance remaining in
the state highway department fund as provided in section 226.200. From
this fund shall be paid the interest and principal upon all outstanding
state road bonds as they become due. Any balance in excess of the amount
necessary to meet the payment of the principal and interest of any state
road bonds for the next succeeding twelve months shall be transferred to
the state road fund. (RSMo 1939 § 8810, A.L. 1945 p. 1467)

Prior revision: 1929 § 8145

1. There is hereby created and set up the "State Road Fund"
which shall receive all moneys and credits from

(1) The sale of state road bonds;

(2) The United States government and intended for highway purposes;

(3) The state road bond and interest sinking fund as provided in section
226.210; and

(4) Any other source if they are held for expenditure by or under the
department of transportation or the state highways and transportation
commission and if they are not required by section 226.200 to be
transferred to the state highway department fund.

2. The costs and expenses withdrawn from the state treasury

(1) For locating, relocating, establishing, acquiring, reimbursing for,
constructing, improving and maintaining state highways in the systems
specified in article IV, section 30(b), of the constitution;

(2) For acquiring materials, equipment and buildings; and

(3) For other purposes and contingencies relating and appertaining to the
construction and maintenance of said highways shall be paid from the
state road fund upon warrants drawn by the state auditor, based upon
bills of particulars and vouchers preapproved and certified for payment
by the commissioner of administration and by the state highways and
transportation commission acting through such of their employees as may
be designated by them.

3. No payments or transfers shall ever be made from the state road fund
except for an expenditure made

(1) Under the supervision and direction of the state highways and
transportation commission; and

(2) For a purpose set out in subparagraph (1), (2), (3), (4), or (5) of
section 30(b), article IV, of the constitution. (RSMo 1939 § 8811, A.L.
1945 p. 1467)

Prior revision: 1929 § 8147

CROSS REFERENCE: Motor vehicle use tax proceeds credited to highway
department fund, RSMo 144.455

There is created in the state treasury a "State Transportation
Fund". One percent of the sales tax funds designated for highway and
transportation use by subsection 2 of section 30(b) of article IV of the
state constitution and other funds as are made available by
appropriation, grants, bequests or other sources for state transportation
purposes other than road and highway construction and maintenance shall
be deposited in the state transportation fund. The state transportation
fund shall be utilized, as specified by appropriation, by the department
of transportation for transportation purposes other than highways. Such
purposes may include the locating, relocating, establishing, acquiring,
constructing, planning, developing, maintaining or operating public
transportation facilities or projects as part of any state or local
transportation program, including but not limited to aviation, mass
transportation, railroads, ports, waterways, waterborne commerce, and
transportation of elderly and handicapped. Funds may be utilized for
contracts with any public or private entity to carry out the above or
other purposes related to transportation. (L. 1980 S.B. 906 § 1)

Effective 5-9-80

The auditor and treasurer and the state highways and
transportation commission are directed to use their judgment in
anticipation of collections coming into these funds and to make transfers
when same shall be deemed advisable by them. (RSMo 1939 § 8812)

Prior revision: 1929 § 8148

With the approval in writing of the governor, the state
transportation department or other body designated by law to have charge
of the state highways of the state of Missouri is hereby authorized to
acquire by lease, purchase or condemnation any land, mines, quarries or
other property containing sand, gravel, clay, rock, mineral deposits or
other road building or road maintenance material. (RSMo 1939 § 8788)

Prior revision: 1929 § 8140

With the approval in writing of the governor, the state
transportation department or other body designated by law to have charge
of the state highways of the state of Missouri is hereby authorized to
acquire by lease or purchase or condemnation, plants and factories used
or useful in the production or manufacture of sand, gravel, clay, rock,
cement, brick or other road building or road maintenance material. (RSMo
1939 § 8789)

Prior revision: 1929 § 8141

Such state transportation department or other body designated by
law to have charge of the state highways of the state of Missouri shall
have the right to maintain and operate such land, mines, quarries,
plants, factories or other property to manufacture such road building or
road maintenance material, and such transportation department may sell
and dispose of the materials and products produced by the operation of
such land, mines, quarries, plants, factories or other properties to
counties, townships, road districts and other political subdivisions of
the state. (RSMo 1939 § 8790)

Prior revision: 1929 § 8142

The said state transportation department or other body
designated by law to have charge of the state highways of the state of
Missouri in case they desire to condemn the lands, property and plants
described in sections 226.240 to 226.270 shall proceed in condemnation of
said properties in accordance with the provisions of chapter 523, RSMo,
so far as is applicable to said state transportation department. (RSMo
1939 § 8791)

Prior revision: 1929 § 8143

When used herein, unless the context otherwise requires, the term

(1) "Parkway" shall mean and include parkway areas of varying widths
principally through rural areas with sightly, landscape, scenic, safety,
and wayside development grants and easements, featuring a parkway road
designed for passenger car traffic and specifically adapted to leisurely
travel as a tourway for outdoor recreation and market-to-farm use by
tourists, including service and recreational facilities and the
preservation of scenic, historical, archaeological and scientific
features;

(2) "Scenic, landscape, sightly or safety easement" shall mean a
servitude devised to permit land to remain in private ownership for its
normal agricultural, residential or other use consistent with parkway
purposes determined by the secretary, and at the same time placing a
control over the future use of the area to maintain its scenic,
landscape, sightly or safety values for the parkway in this state;

(3) "Secretary" shall mean the Secretary of the Interior. (RSMo 1939 §
8796)

The terms used herein, unless the context otherwise requires,
shall be interpreted as follows:

(1) "Access" shall mean a public right and facility to enter and leave
the parkway;

(2) "Frontage" shall mean the right of the private property owner to
avail himself of the light, air and access to any public highway upon
which his property abuts. New frontage on the parkway need not be granted
and present frontage may be provided only where authorized by the
secretary, except through portions of incorporated areas or
unincorporated villages exempted by the secretary;

(3) "Parkway area" shall mean all lands, waters, easements and other
property, and interests thereon or therein used for any parkway purposes;

(4) "Parkway road" shall mean the public motor vehicle roadway as
distinguished from any other ways constructed or existing within the land
boundaries of the parkway. (RSMo 1939 § 8797)

In order to carry out the requirements of an act of Congress of
the United States heretofore or hereafter to be enacted, with respect to
parkway areas within the state for a national Mississippi River Parkway,
and to obtain the benefits thereof and of federal funds and aids for its
construction, maintenance and administration to the fullest extent of
state constitutional limitations, the following rights, powers and duties
are hereby conferred upon the state transportation department and the
following provisions of law are hereby enacted. (RSMo 1939 § 8792)

The state transportation department is hereby designated,
authorized and directed as the state agency of this state to acquire by
gift, purchase, condemnation or otherwise, as public property and convey
to the United States such parkway areas and easements as and when
required by aforesaid act of congress and as determined by surveys and
maps hereafter approved by the Secretary of the Interior. (RSMo 1939 §
8793)

State agencies owning or controlling various state-owned areas
or state-owned easements or interests therein of state agencies are
hereby authorized to cooperate in the conveyance of such lands, easements
or interests to and in favor of the United States for this national
parkway. (RSMo 1939 § 8794)

If, as a result of such required surveys, maps and estimates,
the Secretary of the Interior shall be satisfied that one or more
desirable parkway routes are available, then the state transportation
department of this state be and it hereby is authorized to accept
donations of and acquire lands, interests in lands, islands, waters,
easements and other property and thereafter convey same to the United
States on behalf of this state, or such of its political subdivisions or
private parties may convey necessary or convenient property or easements
for such projected parkway, together with sites in connection therewith
acquired or to be acquired for recreational or naturalistic purposes.
Thereafter, such areas shall constitute such national parkway in this
state. (RSMo 1939 § 8795)

An average area of not less than one hundred acres per mile in
fee simple, plus scenic, landscape, sightly or safety easement control up
to a total average of fifty acres per mile, shall be provided for the
gross length of the parkway in this state for parkway purposes. At no
point shall the width of such parkway area through state or private lands
be less than two hundred feet, except as the secretary may determine in
particular cases. If the total acreage acquired by this state and its
political subdivisions or other parties and transferred to the United
States for parkway purposes is less than the above stated minimum per
mile, then other public areas adjacent to or near the parkway having
scenic, recreational, conservation, floodway or historic value, shall be
owned, acquired, or administered satisfactorily to the secretary or
leased thereto sufficient to bring the total acreage up to the minimum.
The area boundaries need not be mechanically determined or measured by a
uniform distance from the center line of the parkway. The variation of
the width shall be dependent upon the topographical and other natural
conditions, requirements of design, easements, and time and cost of
acquisition. Owing to proximity in numerous locations of vertical
picturesque bluffs close to the Mississippi River at high water stages
and the narrow range of location of existing railway facilities, the
parkway road may be constructed over or under such precipitous cliffs and
caverns and around and across river bends and through back country as
will best diversify the rugged, wooded and open pastoral scenery and
water vistas, and also tend toward economical cost of land acquisition
and parkway road construction and maintenance. The state may include in
its fee simple parkway right-of-way requirement, such nearby areas of the
Mississippi River within its boundaries, other than the navigable channel
thereof at normal river stage, provided the nearest edge of such
supplementary water, island, flowway or floodway areas shall be within
five hundred feet of the center line of the parkway road and shall not
exceed a width of one thousand feet. (RSMo 1939 § 8799)

This state directly or indirectly from or through its political
subdivisions, shall acquire and convey to the United States the necessary
areas in fee simple, together with landscape, sightly, safety or scenic
easements, and rights-of-way for connections to the approaches of
trans-Mississippi River bridges; subject to such flowage, revetment, bank
protection, levee or other river control, harbor line and navigation
reservations or rights as the Secretary of War* may determine are
essential for navigation or flood control purposes. The titles and
evidences of titles to such areas so acquired, for protection to the
United States in case of use or occupancy thereof, shall be satisfactory
to the secretary. Deeds shall be accompanied by land maps, survey notes
and closure sheets. This state, through its highway department or its
respective political subdivisions, is hereby authorized to construct,
relocate or abandon any local, public or service road, crossing or
parallel to the parkway road on parkway land, when requested by the
secretary. (RSMo 1939 § 8800)

*"Secretary of War" probably should be "Secretary of Defense".

Political subdivisions of this state are hereby authorized to
acquire and convey to the United States or to the state transportation
department, parkway areas in accordance with the provisions of sections
226.280 to 226.430. (RSMo 1939 § 8086)

Parkway areas as acquired by this state and scenic, landscape,
sightly or safety easements on additional areas, shall be in accordance
with preliminary development and property maps submitted to the state by
the secretary. State agencies and interstate or intrastate utilities
having fiscal or other interests in any such properties may join in or
execute releases for such parkway areas or easements. Parkway area
acquisition shall be undertaken in units of sufficient length to justify
placing such units under contract for construction of the parkway road as
soon as acquired by the state and accepted by the secretary. (RSMo 1939 §
8801)

Areas under scenic, landscape, sightly, or safety easement shall
be generally prohibited from uses that would be detrimental to the
parkway for the respective stated purposes; such easements shall restrict
the use of areas covered thereby, and shall provide that:

(1) Buildings, pole lines and structures may remain or be erected on such
areas, to serve farms, residence and such other purposes as may be
determined to be consistent with parkway plans by the secretary;

(2) New buildings, structures, or major alterations to existing buildings
or structures shall be subject to the prior approval of the secretary;

(3) No additional commercial buildings, industrial structures, power or
communication lines or other public utilities be erected or constructed
on such areas;

(4) No dump of ashes, trash, sawdust, metals or any other unsightly or
offensive material shall be placed on such area;

(5) No sign, billboard or advertisement shall be displayed or placed upon
such areas, except one sign not greater than four square feet advertising
the sale of the property or products raised upon it, except in commercial
areas zoned therefor by the secretary. (RSMo 1939 § 8798)

When the construction of sections of the parkway road parallel
to existing highways will result in unnecessary expense and the secretary
in his discretion does use existing or projected sections of streets or
highways, bridges, parks, or other areas as connecting links between
other sections of this parkway, and federal funds are expended for
parkway purposes thereon under the provisions of such act, no parkway
area credits need be allowed the state therefor. In the event it is
determined that such connecting links of highways should provide for
other than passenger car traffic, a cooperative agreement with respect to
such use and the reconstruction, maintenance and control thereof may be
entered into by the secretary with the state transportation department or
local public authorities concerned. Alternate routes through or around
urban areas, along scenic country or connecting historic sites, may be
provided or required for acceptance by the secretary for parkway
purposes. (RSMo 1939 § 8802)

This state hereby cedes to the United States concurrent
jurisdiction to regulate use of such parkway areas and traffic on such
parkway road, to protect the areas and property thereon belonging to the
United States from damage, depredation or destruction, to operate and
administer the areas and property of the United States embraced in said
parkway as a national parkway, when consistent with the current uses of
other federal departments through whose areas such parkway extends. (RSMo
1939 § 8803)

There is hereby preserved to this state or its political
subdivisions thereof in which such parkway areas are located, all other
powers, and expressly and specifically reserves thereto jurisdiction in
all civil and criminal matters; also the power to levy and collect a tax
on all motor vehicle fuels and lubricants on said parkway, and a tax on
the sale thereof and of other products and services sold on said parkway,
or on any part of the property conveyed to the United States pursuant to
sections 226.280 to 226.430, except sales to and for exclusive use of the
federal government; also the jurisdiction and power to tax and license or
to prohibit the sale of intoxicating liquors on any such area so
conveyed, or to be conveyed; also the right to levy and collect a tax on
all property, including buildings erected thereon, not belonging to the
United States; also the authority to require licenses and impose license
taxes upon any business or businesses conducted thereon under lease with
the United States. The above powers enumerated as expressly and
specifically reserved to this state or political subdivisions thereof, in
which such parkway areas are situated, shall not be construed as being in
any respect inconsistent with or impairing the powers of the United
States. By mutual agreement between federal and state or local
authorities, their respective patrolmen may cooperate in the enforcement
of parkway regulations and controlling parades or convoys on the parkway
road. (RSMo 1939 § 8804)

The state transportation department is hereby authorized to:

(1) Acquire and convey to the United States parkway areas in accordance
with the provisions of sections 226.280 to 226.430;

(2) Construct or rearrange fencing along parkway land boundary, cattle
passes, and water supply lines to adjoining landowners; change overhead
wires; construct underground wire and pipe crossings; reconstruct public
and private roads; make land and topographic surveys; provide and set
permanent land boundary markers, and prepare land maps and conduct
condemnation suits.

(3) Exercise within its constitutional limitations, the right of eminent
domain to appropriate and condemn land or waters of sufficient width to
conform to the requirements of sections 226.280 to 226.430, and to convey
same to the United States for parkway, easement, or recreational purposes
(title to the land vesting in the state upon institution of such
proceedings); and to acquire fee simple areas, scenic and other easements
and areas requested for revetments, quarries, gravel, dredging and borrow
pits found necessary for parkway construction;

(4) Authorize representatives of the state and the United States to enter
upon private lands for the purpose of making surveys; and protect parkway
areas by state authority after acquisition by the state and acceptance by
the secretary until such time prior or subsequent to construction as the
former owner shall have received full compensation therefor from the
state;

(5) Provide for the relocation or abandonment of sections of local,
public and private roads, or of railroads by agreements therewith, on
parkway land as may be necessitated by the design and construction of the
parkway when such relocation or abandonment does not interfere with flood
control projects or rulings of the state public service commission;

(6) Authorize the conveyance of all or portions of state-owned areas and
state-owned easements to the United States of sufficient amount to
conform to the requirements of sections 226.280 to 226.430 when the
parkway extends through state-owned areas or absorbs state-owned
easements;

(7) Provide for assuming indebtedness or securing releases therefrom
through irrigation, flood control, drainage or other political districts
or subdivisions wherever outstanding indebtedness exists therein;

(8) Provide for the concurrent jurisdiction of the state and the United
States over the parkway areas after title thereto becomes vested in the
United States;

(9) Authorize as soon as the route of the parkway shall be determined,
the immediate payment of premiums on standing timber, pending final
purchase in order to discourage timber cutting by owners during the
negotiation period;

(10) Authorize the elimination of existing and the denial of new frontage
or access rights to the parkway road and on parkway land to landowners
whose land abuts the parkway land by one or more of the following
remedies: Purchase or acquire residual tracts by excess condemnation,
provision of other means of access to public highways, acquisition of
private rights-of-way or by adjustment of damages;

(11) Require the elimination of stock grazing on parkway land or the
unrestricted use therefor of such land by adjacent landowners;

(12) Authorize preliminary surveys and preparation of topographic plats
of the flagged locations of the parkway road, for the purpose of aiding
the federal engineers in determining the final location of the parkway
road and parkway land boundaries;

(13) Authorize the leasing of parkway land on terms satisfactory to the
secretary during the period of negotiation, from the time land is
acquired by the state and before it is transferred to the United States.
(RSMo 1939 § 8805)

No power, right or duty except such as be necessary to conduct
surveys as herein outlined, shall be exercised by the state of Missouri,
or any agency or subdivision thereof until appropriate and sufficient
grants of funds shall be made by the United States for the carrying out
of the project contemplated by sections 226.280 to 226.430. (RSMo 1939 §
8808)

The "Mississippi River Parkway Commission of the State of
Missouri" is hereby established to aid in the promotion and securement of
federal parks and a scenic parkway and highway for the state of Missouri
along the Mississippi River. The commission shall work toward the
planning, construction, maintenance, and improvement of the Great River
Road and Mississippi River Parkway which is to follow generally the
course of the Mississippi River and extend from Canada to the Gulf of
Mexico. (L. 1979 S.B. 489)

1. The commission shall be composed of nine members who are
residents of the state of Missouri. Two of the commissioners shall be
members of the senate appointed by the president pro tem of the senate,
two shall be members of the house of representatives appointed by the
speaker of the house of representatives, and five shall be appointed by
the governor with the advice and consent of the senate. No two committee
members appointed by the speaker of the house of representatives or
appointed by the president pro tem of the senate shall be members of the
same political party, and no more than three of the members appointed by
the governor shall be members of the same political party. All members,
other than legislative members, shall reside in counties which are
adjacent to the Mississippi River. To the extent practicable, legislative
members shall represent counties which are adjacent to the Mississippi
River. The director of the department of transportation or the director's
designee; the director of the division of tourism of the department of
economic development or the director's designee; the director of the
department of conservation or the director's designee; the director of
the division of state parks of the department of natural resources or the
director's designee; the director of the department of agriculture or the
director's designee and the director of the department of economic
development or the director's designee shall be ex officio members in
addition to the nine members provided. Nothing in this section shall be
construed to mandate the attendance of any ex officio members to any
commission meeting or commission-related function. All costs associated
with travel of any ex officio member to any commission meeting or any
commission-related function shall be paid from the existing budget of the
department represented by the ex officio member. No funds of the
Mississippi River Parkway Commission shall be used to pay the costs
associated with such travel by any ex officio member.

2. Commission members serving on August 28, 1996, shall continue to serve
the remainder of their term. The first two terms to expire shall be
filled by one appointment by the speaker of the house of representatives
and one by the president pro tem of the senate. The speaker of the house
of representatives and president pro tem of the senate shall each appoint
one other member after August 28, 1996. The governor shall fill the
remaining five positions on the commission as their terms expire. The
term of each member appointed by the governor after August 28, 1996,
shall be five years. Legislative members shall serve during their term of
office as a member of the general assembly or five years, whichever is
shorter. A chairperson shall be chosen from the membership for a two-year
term during the first regular meeting of the commission in odd-numbered
years; however, no member of the general assembly shall serve as
chairperson of the commission. All members shall serve until their
successors are appointed and qualified. Vacancies on the commission shall
be filled in the same manner and by the same appointing authority as the
original appointment. The national commission shall be notified of all
such appointments, and shall be given the names and addresses of the
appointed members.

3. The governor may remove any member appointed by the governor for cause
or for continued nonfeasance.

4. The members of the commission shall not receive any compensation for
their services but shall be reimbursed for their actual and necessary
expenses incurred in the performance of their duties as members of the
commission from moneys appropriated therefor from general revenue.

5. The commission shall be assigned to the department of transportation.
No staff or personnel shall be hired, employed, or contracted for by the
commission, but the department of transportation may provide such staff
services as may be necessary for the commission. (L. 1979 S.B. 489, A.L.
1996 S.B. 715, A.L. 1999 S.B. 268)

The commission shall meet at least two times each year at the
call of the chairman, or upon the request of four members. A majority of
the commission shall constitute a quorum for the transaction of business.
(L. 1979 S.B. 489)

The duties of the commission shall be:

(1) To advise the state transportation department in the implementation
of the powers of the department conferred under the provisions of
sections 226.280 to 226.430, RSMo 1978;

(2) To promote the best interests of the state before the government of
the United States, Canada, the Great River Roads Commission and the
national Mississippi River Parkway Commission in the development and
construction of the Mississippi River Parkway and Great River Road;

(3) To advise the governor and the general assembly when, in the judgment
of the commission, action should be taken which will better promote the
development of commerce and trade in counties contiguous to the
Mississippi River in Missouri; and

(4) To make reports to the highways and transportation commission as
required. (L. 1979 S.B. 489)

The commission is hereby authorized and empowered:

(1) To hold meetings and hearings at such time and place as it may
designate to accomplish the purposes set forth in this chapter;

(2) To elect such officers from its membership as it deems necessary;

(3) To join as a member of the national Mississippi River Parkway
Commission and the Great River Road Commission and to pay such fees for
its equal share of the planning program of the national commission; and

(4) To receive appropriations from the state of Missouri to act pursuant
to this chapter. (L. 1979 S.B. 489)

Agencies of the state shall cooperate with the commission as
will enable the commission to carry out its responsibilities pursuant to
this chapter. (L. 1979 S.B. 489)

The department of transportation shall designate, upon the face
of the official highway map published by the department, the location of
all municipalities which contain publicly funded Harry S Truman
historical attractions. As additional tourist attractions are funded by
state, federal or local sources, the governing body of each municipality
containing such attraction shall inform the department so that new
attractions can be included in the next scheduled printing of the
official highway map. (L. 1985 H.B. 796 § 1)

The general assembly finds and declares that outdoor advertising
is a legitimate commercial use of private property adjacent to the
interstate and primary highway systems and that it is necessary to
regulate and control same to promote highway safety, to promote
convenience and enjoyment of highway travel, and to preserve the natural
scenic beauty of highways and adjacent areas. The general assembly
further declares it to be the policy of this state that the erection and
maintenance of outdoor advertising in* areas adjacent to the interstate
and primary highway systems be regulated in accordance with sections
226.500 to 226.600 and rules and regulations promulgated by the state
highways and transportation commission pursuant thereto. (L. 1965 2d Ex.
Sess. p. 900 § 1)

*Word "and" appears in original rolls.

(2003) Term "outdoor advertising" includes blank billboards as well as
billboards that display advertising, and sign is not increased in size by
mere addition of a message. Natural Resources, Inc. v. Missouri Highway
and Transportation Commission, 107 S.W.3d 451 (Mo.App. S.D.).

Be it remembered that the tenth amendment to the United States
Constitution reads as follows: "The powers not delegated to the United
States by the Constitution, nor prohibited by it to the states, are
reserved to the states respectively, or to the people". (L. 1972 S.B. 382
§ B)

Effective 3-30-72

It is declared that the legislative intent of this act is to
improve the safety and convenience of the highways of this state.

(1) It may be determined by the general assembly that funds shall be
expended from the state road fund for the purposes of this act, or

(2) Any funds expended by the state hereunder as may be necessary to
comply with any federal law or requirement which is or may become a
condition to receipt of federal funds for highway purposes shall be
appropriated only from state highway funds. (L. 1972 S.B. 382)

Effective 3-30-72

Note: Material in this section taken from unnumbered paragraphs following
226.580.4 in S.C.S. S.B. 382.

As used in sections 226.500 to 226.600, the following words or
phrases mean:

(1) "Freeway primary highway", that part of a federal-aid primary highway
system, as of June 1, 1991, which has been constructed as divided, dual
lane fully controlled access facilities with no access to the throughways
except the established interchanges. When existing two-lane highways are
being upgraded to four-lane limited access, the regulations for freeway
primary highways shall apply as of the date the state highways and
transportation commission acquires all access rights on the adjoining
right-of-way;

(2) "Interstate system", that portion of the national system of
interstate highways located within the boundaries of Missouri, as
officially designated or may be hereafter designated by the state
highways and transportation commission with the approval of the Secretary
of Transportation, pursuant to Title 23, United States Code, as amended;

(3) "Outdoor advertising", an outdoor sign, display, device, figure,
painting, drawing, message, plaque, poster, billboard, or other thing
designed, intended or used to advertise or inform, any part of the
advertising or information contents of which is visible from any point of
the traveled ways of the interstate or primary systems;

(4) "Primary system", the federal-aid primary highways as of June 1,
1991, and all highways designated as part of the National Highway System
by the National Highway System Designation Act of 1995 and those highways
subsequently designated as part of the National Highway System;

(5) "Rest area", an area or site established and maintained within or
adjacent to the highway right-of-way under public supervision or control,
for the convenience of the traveling public, except that the term shall
not include automotive service stations, hotels, motels, restaurants or
other commerce facilities of like nature;

(6) "Urban area", an urban place as designated by the Bureau of the
Census, having a population of five thousand or more within boundaries to
be fixed by the state highways and transportation commission and local
officials in cooperation with each other and approved by the Secretary of
Transportation, or an urbanized area as designated by the Bureau of the
Census within boundaries to be fixed by the state highways and
transportation commission and local officials and approved by the
Secretary of Transportation. The boundary of the urban area shall, as a
minimum, encompass the entire urban place as designated by the Bureau of
the Census. (L. 1965 2d Ex. Sess. p. 900 § 2, A.L. 1972 S.B. 382, A.L.
1976 H.B. 1478, A.L. 1999 S.B. 61)

On and after March 30, 1972, no outdoor advertising shall be
erected or maintained within six hundred sixty feet of the nearest edge
of the right-of-way and visible from the main traveled way of any highway
which is part of the federal-aid primary highways as of June 1, 1991, and
all highways designated as part of the National Highway System by the
National Highway System Designation Act of 1995 and those highways
subsequently designated as part of the National Highway System in this
state except the following:

(1) Directional and other official signs, including, but not limited to,
signs pertaining to natural wonders, scenic and historical attractions,
which are required or authorized by law, and which comply with
regulations which shall be promulgated by the* department relative to
their lighting, size, number, spacing and such other requirements as may
be appropriate to implement sections 226.500 to 226.600, but such
regulations shall not be inconsistent with, nor more restrictive than,
such national standards as may be promulgated from time to time by the
Secretary of the Department of Transportation of the United States, under
subsection (c) of Section 131 of Title 23 of the United States Code;

(2) Signs, displays, and devices advertising activities conducted on the
property upon which they are located, or services and products therein
provided;

(3) Outdoor advertising located in areas which are zoned industrial,
commercial or the like as provided in sections 226.500 to 226.600 or
under other authority of law;

(4) Outdoor advertising located in unzoned commercial or industrial areas
as defined and determined pursuant to sections 226.500 to 226.600;

(5) Outdoor advertising for tourist-oriented businesses, and scoreboards
used in sporting events or other electronic signs with changeable
messages which are not prohibited by federal regulations or local zoning
ordinances. Outdoor advertising which is authorized by this subdivision
(5) shall only be allowed to the extent that such outdoor advertising is
not prohibited by Title 23, United States Code, Section 131, as now or
thereafter amended, and lawful regulations promulgated thereunder. The
general assembly finds and declares it to be the policy of the state of
Missouri that the tourism industry is of major and critical importance to
the economic well-being of the state and that directional signs, displays
and devices providing directional information about goods and services in
the interest of the traveling public are** essential to the economic
welfare of the tourism industry. The general assembly further finds and
declares that the removal of directional signs advertising
tourist-oriented businesses is harmful to the tourism industry in
Missouri and that the removal of directional signs within or near areas
of the state where there is high concentration of tourist- oriented
businesses would have a particularly harmful effect upon the economies
within such areas. The state highways and transportation commission is
authorized and directed to determine those specific areas of the state of
Missouri in which there is high concentration of tourist-oriented
businesses, and within such areas, no directional signs, displays and
devices which are lawfully erected, which are maintained in good repair,
which provide directional information about goods and services in the
interest of the traveling public, and which would otherwise be required
to be removed because they are not allowed to be maintained under the
provisions of sections 226.500 through 226.600 shall be required to be
removed until such time as such removal has been finally ordered by the
United States Secretary of Transportation;

(6) The provisions of this section shall not be construed to require
removal of signs advertising churches or items of religious significance,
items of native arts and crafts, woodworking in native products, or
native items of artistic, historical, geologic significance, or hospitals
or airports. (L. 1965 2d Ex. Sess. p. 900 § 3, A.L. 1972 S.B. 382, A.L.
1976 H.B. 1478, A.L. 1999 S.B. 61)

*Word "the" does not appear in original rolls.

**Word "is" appears in original rolls.

(1993) Where state billboard law prohibits signs in residential areas,
the statutory phrase "other authority of law" does not permit local
government to permit that which the state forbids. State highway
commission had authority to order removal of hospital sign erected under
authority of city zoning variance. Subsection 6 of statute does not
exempt hospital sign from removal but must be read as grandparenting
clause permitting the maintenance and protecting the placement of signs
erected prior to 1972. State ex rel. Missouri Highway and Transportation
Commission v. Alexian Brothers of St. Louis, Inc., 848 S.W.2d 472 (Mo. en
banc).

1. The state highways and transportation commission is directed
to erect within the right-of-way of all classes of highways within the
state signs and notices pertaining to publicly and privately owned
natural wonders and scenic and historical attractions under the following
conditions:

(1) Such signs shall not violate any federal law, rule, or regulation
affecting the allocation of federal funds to the state of Missouri or
which violate any safety regulation formally promulgated by the state
highways and transportation commission.

(2) Such official signs shall be limited in content to the name of the
attraction and necessary travel information.

(3) The state highways and transportation commission shall determine
those sites and attractions for which directional and other official
signs may be erected as permitted by Section 131 of Title 23, United
States Code, which it deems of such importance as to justify such
signing, using as a guide those publicly or privately owned natural
wonders and scenic, historic, educational, cultural, or recreational
sites which have been determined to be of general interest.

(4) The state highways and transportation commission may require
reimbursement for the cost of erection and maintenance of the official
directional signs authorized hereunder when sites or attractions are
privately owned by other than the state or political subdivisions. The
state highways and transportation commission shall prescribe the size,
number and locations of such signs based upon its determination of the
travelers' need for directional information.

2. The commission shall adopt rules to implement a program for the
erection and maintenance of tourist-oriented directional signs within the
right-of-way of state highways in the state. The tourist-oriented
directional signs shall provide business identification and directional
information for natural attractions and activities which, during a normal
business season, derive a major portion of the income and visitors for
the business or activity from motorists not residing in the immediate
area of the business or activity. Natural attractions and activities
eligible for such tourist-oriented directional signs shall include, but
not be limited to, caves, museums, wineries, antique business districts
and tourist- oriented directional signs indicating the location of any
veterans' memorial located at any college in such county provided that
such signs are located on a highway known as the "Veterans' Memorial
Highway" in any county of the first classification with a population of
more than one hundred seventy thousand inhabitants but less than two
hundred thousand inhabitants. (L. 1972 S.B. 382, A.L. 1999 S.B. 61)

1. On and after August 13, 1976, no outdoor advertising shall be
erected or maintained beyond six hundred and sixty feet of the
right-of-way, located outside of urban areas, visible from the main
traveled way of the interstate or primary system and erected with the
purpose of its message being read from such traveled way, except such
outdoor advertising as is defined in subdivisions (1) and (2) of section
226.520.

2. No compensation shall be paid for the removal of any sign erected in
violation of subsection 1 of this section unless otherwise authorized or
permitted by sections 226.501 to 226.580. No sign erected prior to August
13, 1976, which would be in violation of this section if it were erected
or maintained after August 13, 1976, shall be removed unless such removal
is required by the Secretary of Transportation and federal funds required
to be contributed to this state under section 131(g) of Title 23, United
States Code, to pay compensation for such removal have been appropriated
and allocated and are immediately available to this state, and in such
event, such sign shall be removed pursuant to section 226.570.

3. In the event any portion of this chapter is found in noncompliance
with Title 23, United States Code, section 131, by the Secretary of
Transportation or his representative, and any portion of federal-aid
highway funds or funds authorized for removal of outdoor advertising are
withheld, or declared forfeited by the Secretary of Transportation or his
representative, all removal of outdoor advertising by the Missouri state
highways and transportation commission pursuant to this chapter shall
cease, and shall not be resumed until such funds are restored in full.
Such cessation of removal shall not be construed to affect compensation
for outdoor advertising removed or in the process of removal pursuant to
this chapter.

4. In addition to any applicable regulations set forth in sections
226.500 through 226.600, signs within an area subject to control by a
local zoning authority and wherever located within such area shall be
subject to reasonable regulations of that local zoning authority relative
to size, lighting, spacing, and location; provided, however, that no
local zoning authority shall have authority to require any sign within
its jurisdiction which was lawfully erected and which is maintained in
good repair to be removed without the payment of just compensation. (L.
1976 H.B. 1478)

The state highways and transportation commission is required to
issue one-time permanent permits as provided in section 226.550 for the
erection and maintenance of outdoor advertising along the interstate and
primary highway systems and subject to section 226.540 to promulgate only
those rules and regulations of minimal necessity and consistent with
customary use to secure to this state any federal aid contingent upon
compliance with federal laws, rules and regulations relating to outdoor
advertising. No rule or portion of a rule promulgated under the authority
of this section shall become effective unless it has been promulgated
pursuant to the provisions of section 536.024, RSMo. (L. 1965 2d Ex.
Sess. p. 900 § 4, A.L. 1972 S.B. 382, A.L. 1995 S.B. 3)

(1977) Held, it was intent of legislature to require permits for all
signs other than those in areas zoned commercial and industrial.
Different treatment in zoned and unzoned areas is a reasonable
classification. National Advertising Co. v. State Highway Commission
(A.), 549 S.W.2d 536.

(1992) The commission has discretion to permit logo signs, where logo
signs announce the availability of purveyors of food, fuel and lodging at
highway exits. Program represents a use of the right of way by the
commission and does not violate section which refers to restrictions on
signs on private property, but visible from the highway. The signs give
specific information of interest to the traveling public. Missouri
Outdoor Advertising Association, Inc. v. Missouri State Highways and
Transportation Commission, 826 S.W.2d 342 (Mo. en banc).

(1993) Local ordinance which directly prohibits any new off-premises
commercial signs and does not merely supplement or enlarge billboards act
is preempted by sections 226.500 to 226.600, RSMo, because ordinance
conflicts with express purpose of statutes. National Advertising Co. v.
Mo. State Highway and Transportation Commission, 862 S.W.2d 953 (Mo. App.
E.D.).

1. As used in this section the following terms mean:

(1) "Adult cabaret", a nightclub, bar, restaurant, or similar
establishment in which persons appear in a state of nudity, as defined in
section 573.500, RSMo, or seminudity, in the performance of their duties;

(2) "Seminudity", a state of dress in which opaque clothing fails to
cover the genitals, anus, anal cleft or cleavage, pubic area, vulva,
nipple and areola of the female breast below a horizontal line across the
top of the areola at its highest point. Seminudity shall include the
entire lower portion of the female breast, but shall not include any
portion of the cleavage of the human female breast exhibited by wearing
apparel provided the areola is not exposed in whole or part;

(3) "Sexually oriented business", any business which offers its patrons
goods of which a substantial portion are sexually oriented materials. Any
business where more than ten percent of display space is used for
sexually oriented materials shall be presumed to be a sexually oriented
business;

(4) "Sexually oriented materials", any textual, pictorial, or three-
dimensional material that depicts nudity, sexual conduct, sexual
excitement, or sadomasochistic abuse in a way which is patently offensive
to the average person applying contemporary adult community standards
with respect to what is suitable for minors.

2. No billboard or other exterior advertising sign for an adult cabaret
or sexually oriented business shall be located within one mile of any
state highway except if such business is located within one mile of a
state highway then the business may display a maximum of two exterior
signs on the premises of the business, consisting of one identification
sign and one sign solely giving notice that the premises are off limits
to minors. The identification sign shall be no more than forty square
feet in size and shall include no more than the following information:
name, street address, telephone number, and operating hours of the
business.

3. Signs existing on* August 28, 2004, which did not conform to the
requirements of this section, may be allowed to continue as a
nonconforming use, but should be made to conform within three years from
August 28, 2004.

4. Any owner of such a business who violates the provisions of this
section shall be guilty of a class C misdemeanor. Each week a violation
of this section continues to exist shall constitute a separate offense.

5. This section is designed to protect the following public policy
interests of this state, including but not limited to: to mitigate the
adverse secondary effects of sexually oriented businesses, to improve
traffic safety, to limit harm to minors, and to reduce prostitution,
crime, juvenile delinquency, deterioration in property values, and
lethargy in neighborhood improvement efforts. (L. 2004 S.B. 870)

*Word "on" does not appear in original rolls.

The attorney general shall represent the state in all actions
and proceedings arising from this section 573.510*. Also, all costs
incurred by the attorney general to defend or prosecute this section
573.510*, including payment of all court costs, civil judgments and, if
necessary, any attorneys fees, shall be paid from the general revenue
fund. (L. 2004 S.B. 870 § 1)

*Section 573.510 does not exist.

Signs, displays, and devices giving specific information of
interest to the traveling public shall be erected and maintained within
the right-of-way in such areas, in an appropriate distance from
interchanges on the interstate system as shall conform with the rules and
regulations promulgated by the highway department. Such rules shall be
consistent with national standards promulgated from time to time by the
appropriate authority of the federal government, pursuant to Title 23,
section 131, paragraph f, of the United States Code. (L. 1972 S.B. 382)

Effective 3-30-72

Notwithstanding any other provisions of sections 226.500 to
226.600, outdoor advertising shall be permitted within six hundred and
sixty feet of the nearest edge of the right-of-way of highways located on
the interstate, federal-aid primary system as it existed on June 1, 1991,
or the national highway system as amended in areas zoned industrial,
commercial or the like and in unzoned commercial and industrial areas as
defined in this section, subject to the following regulations which are
consistent with customary use in this state:

(1) Lighting:

(a) No revolving or rotating beam or beacon of light that simulates any
emergency light or device shall be permitted as part of any sign. No
flashing, intermittent, or moving light or lights will be permitted
except scoreboards and other illuminated signs designating public service
information, such as time, date, or temperature, or similar information,
will be allowed; tri-vision, projection, and other changeable message
signs shall be allowed subject to Missouri highways and transportation
commission regulations;

(b) External lighting, such as floodlights, thin line and gooseneck
reflectors are permitted, provided the light source is directed upon the
face of the sign and is effectively shielded so as to prevent beams or
rays of light from being directed into any portion of the main traveled
way of the federal-aid primary highways as of June 1, 1991, and all
highways designated as part of the National Highway System by the
National Highway System Designation Act of 1995 and those highways
subsequently designated as part of the National Highway System and the
lights are not of such intensity so as to cause glare, impair the vision
of the driver of a motor vehicle, or otherwise interfere with a driver's
operation of a motor vehicle;

(c) No sign shall be so illuminated that it interferes with the
effectiveness of, or obscures, an official traffic sign, device, or
signal;

(2) Size of signs:

(a) The maximum area for any one sign shall be eight hundred square feet
with a maximum height of thirty feet and a maximum length of seventy-two
feet, inclusive of border and trim but excluding the base or apron,
supports, and other structural members. The area shall be measured as
established herein and in rules promulgated by the commission. In
determining the size of a conforming or nonconforming sign structure,
temporary cutouts and extensions installed for the length of a specific
display contract shall not be considered a substantial increase to the
size of the permanent display; provided the actual square footage of such
temporary cutouts or extensions may not exceed thirty-three percent of
the permanent display area. Signs erected in accordance with the
provisions of sections 226.500 to 226.600 prior to August 28, 2002, which
fail to meet the requirements of this provision shall be deemed legally
nonconforming as defined herein;

(b) The maximum size limitations shall apply to each side of a sign
structure, and signs may be placed back to back, double faced, or in
V-type construction with not more than two displays to each facing, but
such sign structure shall be considered as one sign;

(c) After August 28, 1999, no new sign structure shall be erected in
which two or more displays are stacked one above the other. Stacked
structures existing on or before August 28, 1999, in accordance with
sections 226.500 to 226.600 shall be deemed legally nonconforming and may
be maintained in accordance with the provisions of sections 226.500 to
226.600. Structures displaying more than one display on a horizontal
basis shall be allowed, provided that total display areas do not exceed
the maximum allowed square footage for a sign structure pursuant to the
provisions of paragraph (a) of this subdivision;

(3) Spacing of signs:

(a) On all interstate highways, freeways, and nonfreeway federal-aid
primary highways as of June 1, 1991, and all highways designated as part
of the National Highway System by the National Highway System Designation
Act of 1995 and those highways subsequently designated as part of the
National Highway System:

a. No sign structure shall be erected within one thousand four hundred
feet of an existing sign on the same side of the highway;

b. Outside of incorporated municipalities, no structure may be located
adjacent to or within five hundred feet of an interchange, intersection
at grade, or safety rest area. Such five hundred feet shall be measured
from the beginning or ending of the pavement widening at the exit from or
entrance to the main traveled way. For purpose of this subparagraph, the
term "incorporated municipalities" shall include "urban areas", except
that such "urban areas" shall not be considered "incorporated
municipalities" if it is finally determined that such would have the
effect of making Missouri be in noncompliance with the requirements of
Title 23, United States Code, Section 131;

(b) The spacing between structure provisions of this subdivision do not
apply to signs which are separated by buildings, natural surroundings, or
other obstructions in such manner that only one sign facing located
within such distance is visible at any one time. Directional or other
official signs or those advertising the sale or lease of the property on
which they are located, or those which advertise activities on the
property on which they are located, including products sold, shall not be
counted, nor shall measurements be made from them for the purpose of
compliance with spacing provisions;

(c) No sign shall be located in such manner as to obstruct or otherwise
physically interfere with the effectiveness of an official traffic sign,
signal, or device or obstruct or physically interfere with a motor
vehicle operator's view of approaching, merging, or intersecting traffic;

(d) The measurements in this section shall be the minimum distances
between outdoor advertising sign structures measured along the nearest
edge of the pavement between points directly opposite the signs along
each side of the highway and shall apply only to outdoor advertising sign
structures located on the same side of the highway involved;

(4) As used in this section, the words "unzoned commercial and industrial
land" shall be defined as follows: that area not zoned by state or local
law or ordinance and on which there is located one or more permanent
structures used for a commercial business or industrial activity or on
which a commercial or industrial activity is actually conducted together
with the area along the highway extending outwardly seven hundred fifty
feet from and beyond the edge of such activity. All measurements shall be
from the outer edges of the regularly used improvements, buildings,
parking lots, landscaped, storage or processing areas of the commercial
or industrial activity and along and parallel to the edge of the pavement
of the highway. Unzoned land shall not include:

(a) Land on the opposite side of the highway from an unzoned commercial
or industrial area as defined in this section and located adjacent to
highways located on the interstate, federal-aid primary system as it
existed on June 1, 1991, or the national highway system as amended,
unless the opposite side of the highway qualifies as a separate unzoned
commercial or industrial area; or

(b) Land zoned by a state or local law, regulation, or ordinance;

(5) "Commercial or industrial activities" as used in this section means
those which are generally recognized as commercial or industrial by
zoning authorities in this state, except that none of the following shall
be considered commercial or industrial:

(a) Outdoor advertising structures;

(b) Agricultural, forestry, ranching, grazing, farming, and related
activities, including seasonal roadside fresh produce stands;

(c) Transient or temporary activities;

(d) Activities more than six hundred sixty feet from the nearest edge of
the right-of-way or not visible from the main traveled way;

(e) Activities conducted in a building principally used as a residence;

(f) Railroad tracks and minor sidings;

(6) The words "unzoned commercial or industrial land" shall also include
all areas not specified in this section which constitute an "unzoned
commercial or industrial area" within the meaning of the present Section
131 of Title 23 of the United States Code, or as such statute may be
amended. As used in this section, the words "zoned commercial or
industrial area" shall refer to those areas zoned commercial or
industrial by the duly constituted zoning authority of a municipality,
county, or other lawfully established political subdivision of the state,
or by the state and which is within seven hundred fifty feet of one or
more permanent commercial or industrial activities. Commercial or
industrial activities as used in this section are limited to those
activities:

(a) In which the primary use of the property is commercial or industrial
in nature;

(b) Which are clearly visible from the highway and recognizable as a
commercial business;

(c) Which are permanent as opposed to temporary or transitory and of a
nature that would customarily be restricted to commercial or industrial
zoning in areas comprehensively zoned; and

(d) In determining whether the primary use of the property is commercial
or industrial pursuant to paragraph (a) of this subdivision, the state
highways and transportation commission shall consider the following
factors:

a. The presence of a permanent and substantial building;

b. The existence of utilities and local business licenses, if any, for
the commercial activity;

c. On-premise signs or other identification;

d. The presence of an owner or employee on the premises for at least
twenty hours per week;

(7) In zoned commercial and industrial areas, whenever a state, county or
municipal zoning authority has adopted laws or ordinances which include
regulations with respect to the size, lighting and spacing of signs,
which regulations are consistent with the intent of sections 226.500 to
226.600 and with customary use, then from and after the effective date of
such regulations, and so long as they shall continue in effect, the
provisions of this section shall not apply to the erection of signs in
such areas. Notwithstanding any other provisions of this section, after
August 28, 1992, with respect to any outdoor advertising which is
regulated by the provisions of subdivision (1), (3) or (4) of section
226.520 or subsection 1 of section 226.527:

(a) No county or municipality shall issue a permit to allow a regulated
sign to be newly erected without a permit issued by the state highways
and transportation commission;

(b) A county or municipality may charge a reasonable one-time permit or
inspection fee to assure compliance with local wind load and electrical
requirements when the sign is first erected, but a county or municipality
may not charge a permit or inspection fee for such sign after such
initial fee. Changing the display face or performing routine maintenance
shall not be considered as erecting a new sign;

(8) The state highways and transportation commission on behalf of the
state of Missouri, may seek agreement with the Secretary of
Transportation of the United States under Section 131 of Title 23, United
States Code, as amended, that sections 226.500 to 226.600 are in
conformance with that Section 131 and provides effective control of
outdoor advertising signs as set forth therein. If such agreement cannot
be reached and the penalties under subsection (b) of Section 131 are
invoked, the attorney general of this state shall institute proceedings
described in subsection (1) of that Section 131. (L. 1965 2d Ex. Sess. p.
900 § 5, A.L. 1972 S.B. 382, A.L. 1976 H.B. 1478, A.L. 1992 S.B. 652,
A.L. 1999 S.B. 61, A.L. 2002 H.B. 1196 merged with H.B. 1508)

Notwithstanding any other provision of sections 226.500 to
226.600, outdoor advertising signs lawfully in existence on October 22,
1965, determined by agreement between the state highways and
transportation commission and the Secretary of Transportation to be
landmark signs, including signs on farm structures or natural surfaces,
of historical or artistic significance may be maintained. (L. 1976 H.B.
1478)

1. No outdoor advertising which is regulated by subdivision (1),
(3) or (4) of section 226.520 or subsection 1 of section 226.527 shall be
erected or maintained on or after August 28, 1992, without a one-time
permanent permit issued by the state highways and transportation
commission. Application for permits shall be made to the state highways
and transportation commission on forms furnished by the commission and
shall be accompanied by a permit fee of two hundred dollars for all
signs; except that, tax-exempt religious organizations as defined in
subdivision (11) of section 313.005, RSMo, service organizations as
defined in subdivision (12) of section 313.005, RSMo, veterans'
organizations as defined in subdivision (14) of section 313.005, RSMo,
and fraternal organizations as defined in subdivision (8) of section
313.005, RSMo, shall be granted a permit for signs less than seventy-six
square feet without payment of the fee. In the event a permit holder
fails to erect a sign structure within twenty-four months of issuance,
said permit shall expire and a new permit must be obtained prior to any
construction.

2. No outdoor advertising which is regulated by subdivision (1), (3) or
(4) of section 226.520 or subsection 1 of section 226.527 which was
erected prior to August 28, 1992, shall be maintained without a one-time
permanent permit for outdoor advertising issued by the state highways and
transportation commission. If a one-time permanent permit was issued by
the state highways and transportation commission after March 30, 1972,
and before August 28, 1992, it is not necessary for a new permit to be
issued. If a one-time permanent permit was not issued for a lawfully
erected and lawfully existing sign by the state highways and
transportation commission after March 30, 1972, and before August 28,
1992, a one-time permanent permit shall be issued by the commission for
each sign which is lawfully in existence on the day prior to August 28,
1992, upon application and payment of a permit fee of two hundred
dollars. All applications and fees due pursuant to this subsection shall
be submitted before December 31, 1992.

3. For purposes of sections 226.500 to 226.600, the terminology
"structure lawfully in existence" or "lawfully existing" sign or outdoor
advertising shall, nevertheless, include the following signs unless the
signs violate the provisions of subdivisions (3) to (7) of subsection 1
of section 226.580:

(1) All signs erected prior to January 1, 1968;

(2) All signs erected before March 30, 1972, but on or after January 1,
1968, which would otherwise be lawful but for the failure to have a
permit for such signs prior to March 30, 1972, except that any sign or
structure which was not in compliance with sizing, spacing, lighting, or
location requirements of sections 226.500 to 226.600 as the sections
appeared in the revised statutes of Missouri 1969, wheresoever located,
shall not be considered a lawfully existing sign or structure;

(3) All signs erected after March 30, 1972, which are in conformity with
sections 226.500 to 226.600;

(4) All signs erected in compliance with sections 226.500 to 226.600
prior to August 28, 2002.

4. On or after August 28, 1992, the state highways and transportation
commission may, in addition to the fees authorized by subsections 1 and 2
of this section, collect a biennial inspection fee every two years after
a state permit has been issued. Biennial inspection fees due after August
28, 2002, and prior to August 28, 2003, shall be fifty dollars. Biennial
inspection fees due on or after August 28, 2003, shall be seventy-five
dollars. Biennial inspection fees due on or after August 28, 2004, shall
be one hundred dollars; except that, tax-exempt religious organizations
as defined in subdivision (11) of section 313.005, RSMo, service
organizations as defined in subdivision (12) of section 313.005, RSMo,
veterans' organizations as defined in subdivision (14) of section
313.005, RSMo, and fraternal organizations as defined in subdivision (8)
of section 313.005, RSMo, shall not be required to pay such fee.

5. In order to effect the more efficient collection of biennial
inspection fees, the state highways and transportation commission is
encouraged to adopt a renewal system in which all permits in a particular
county are renewed in the same month. In conjunction with the conversion
to this renewal system, the state highways and transportation commission
is specifically authorized to prorate renewal fees based on changes in
renewal dates.

6. Sign owners or owners of the land on which signs are located must
apply to the state highways and transportation commission for biennial
inspection and submit any fees as required by this section on or before
December 31, 1992. For a permitted sign which does not have a permit, a
permit shall be issued at the time of the next biennial inspection.

7. The state highways and transportation commission shall deposit all
fees received for outdoor advertising permits and inspection fees in the
state road fund, keeping a separate record of such fees, and the same may
be expended by the commission in the administration of sections 226.500
to 226.600. (L. 1965 2d Ex. Sess. p. 900 § 6, A.L. 1972 S.B. 382, A.L.
1992 S.B. 652, A.L. 1996 H.B. 937, A.L. 1999 S.B. 61, A.L. 2002 H.B. 1196
merged with H.B. 1508)

(1977) Held, signs not conforming to size, spacing, lighting, etc. are
subject to removal without compensation but hearing must be provided.
National Advertising Co. v. State Highway Commission (A.), 549 S.W.2d 536.

The provisions contained herein relating to size, spacing and
lighting in zoned and unzoned commercial and industrial areas shall apply
only to signs erected subsequent to March 30, 1972. (L. 1965 2d Ex. Sess.
p. 900 § 7, A.L. 1972 S.B. 382)

Effective 3-30-72

1. The state highways and transportation commission is directed
to acquire by purchase, exchange, agreement, eminent domain, gift or
condemnation, and shall pay just compensation for the removal of lawfully
existing outdoor advertising signs, displays and devices not permitted to
be maintained under sections 226.500 to 226.600, but any signs
advertising tourist oriented type business will be the last to be
removed. Eminent domain shall be exercised in accordance with the
provisions of chapter 523, RSMo.

(1) Just compensation shall be paid for outdoor advertising and all
property rights pertaining to same which are acquired including the
taking from the owner of such sign, display, or device, and in his
leasehold or other interest in the land; and the taking from the owner of
the real property on which the sign, display, or device is located, of
the right to erect and maintain such signs, displays, and devices thereon.

(2) Despite any contrary provision in sections 226.500 to 226.600, no
lawfully existing sign shall be required to be removed unless at the time
of removal there are sufficient funds, from whatever source, appropriated
and allocated and available to this state with which to pay the just
compensation required under this section, and unless at such time the
federal funds required to be contributed to this state under section
131(g) of Title 23, United States Code, have been appropriated and
allocated and are immediately available to this state.

2. Any outdoor advertising in existence along the interstate or primary
system on March 30, 1972, which is not subject to removal pursuant to
section 226.580 and which is not in conformity with the provisions of
sections 226.500 to 226.600 shall not be required to be removed until
such removal is required by the Secretary of Transportation. Outdoor
advertising within six hundred sixty feet of the right-of-way of an
interstate or primary highway shall not be required to be removed unless
such removal is pursuant to this section or section 226.580. (L. 1965 2d
Ex. Sess. p. 900 § 8, A.L. 1972 S.B. 382)

Effective 3-30-72

The state highways and transportation commission is authorized
to adopt administrative rules regulating the use of new technology in
outdoor advertising as allowed under federal regulations for federal-aid
primary highways as of June 1, 1991, and all highways designated as part
of the National Highway System by the National Highway System Designation
Act of 1995 and those highways subsequently designated as part of the
National Highway System. Any rule or portion of a rule, as that term is
defined in section 536.010, RSMo, that is promulgated pursuant to the
authority delegated in this section shall become effective only if it has
been promulgated pursuant to the provisions of chapter 536, RSMo. This
section and chapter 536, RSMo, are nonseverable and if any of the powers
vested with the general assembly pursuant to chapter 536, RSMo, to
review, to delay the effective date or to disapprove and annul a rule are
subsequently held unconstitutional, then the grant of rulemaking
authority and any rule proposed or adopted after August 28, 2002, shall
be invalid and void. (L. 1999 S.B. 61, A.L. 2002 H.B. 1196 merged with
H.B. 1508)

1. The following outdoor advertising within six hundred sixty
feet of the right-of-way of interstate or primary highways is deemed
unlawful and shall be subject to removal:

(1) Signs erected after March 30, 1972, contrary to the provisions of
sections 226.500 to 226.600 and signs erected on or after January 1,
1968, but before March 30, 1972, contrary to the sizing, spacing,
lighting, or location provisions of sections 226.500 to 226.600 as they
appeared in the revised statutes of Missouri 1969; or

(2) Signs for which a permit is not obtained or a biennial inspection fee
is more than twelve months past due; or

(3) Signs which are obsolete. Signs shall not be considered obsolete
solely because they temporarily do not carry an advertising message; or

(4) Signs that are not in good repair; or

(5) Signs not securely affixed to a substantial structure; or

(6) Signs which attempt or appear to attempt to regulate, warn, or direct
the movement of traffic or which interfere with, imitate, or resemble any
official traffic sign, signal, or device; or

(7) Signs which are erected or maintained upon trees or painted or drawn
upon rocks or other natural features.

2. Signs erected after August 13, 1976, beyond six hundred sixty feet of
the right-of-way outside of urban areas, visible from the main traveled
way of the interstate or primary system and erected with the purpose of
their message being read from such traveled way, except those signs
described in subdivisions (1) and (2) of section 226.520 are deemed
unlawful and shall be subject to removal.

3. If a sign is deemed to be unlawful for any of the reasons set out in
subsections 1 to 7 of this section, the state highways and transportation
commission shall give notice either by certified mail or by personal
service to the owner or occupant of the land on which advertising
believed to be unlawful is located and the owner of the outdoor
advertising structure. Such notice shall specify the basis for the
alleged unlawfulness, shall specify the remedial action which is required
to correct the unlawfulness and shall advise that a failure to take the
remedial action within sixty days will result in the sign being removed.
Within sixty days after receipt of the notice as to him, the owner of the
land or of the structure may remove the sign or may take the remedial
action specified or may file an action for administrative review pursuant
to the provisions of sections 536.067 to 536.090, RSMo, to review the
action of the state highways and transportation commission, or he may
proceed under the provisions of section 536.150, RSMo, as if the act of
the highways and transportation commission was one not subject to
administrative review. Notwithstanding any other provisions of sections
226.500 to 226.600, no outdoor advertising structure erected prior to
August 28, 1992, defined as a "structure lawfully in existence" or
"lawfully existing", by subdivision (1), (2) or (3) of subsection 3* of
section 226.550, shall be removed for failure to have a permit until a
notice, as provided in this section, has been issued which shall specify
failure to obtain a permit or pay a biennial inspection fee as the basis
for alleged unlawfulness, and shall advise that failure to take the
remedial action of applying for a permit or paying the inspection fee
within sixty days will result in the sign being removed. Signs for which
biennial inspection fees are delinquent shall not be removed unless the
fees are more than twelve months past due and actual notice of the
delinquency has been provided to the sign owner. Upon application made
within the sixty-day period as provided in this section, and accompanied
by the fee prescribed by section 226.550, together with any inspection
fees that would have been payable if a permit had been timely issued, the
state highways and transportation commission shall issue a one-time
permanent permit for such sign. Such signs with respect to which permits
are so issued are hereby determined by the state of Missouri to have been
lawfully erected within the meaning of "lawfully erected" as that term is
used in Title 23, United States Code, Section 131(g), as amended, and
shall only be removed upon payment of just compensation, except that the
issuance of permits shall not entitle the owners of such signs to
compensation for their removal if it is finally determined that such
signs are not "lawfully erected" as that term is used in Section 131(g)
of Title 23 of the United States Code.

4. If actual notice as provided in this section is given and neither the
remedial action specified is taken nor an action for review is filed, or
if an action for review is filed and is finally adjudicated in favor of
the state highways and transportation commission, the state highways and
transportation commission shall have authority to immediately remove the
unlawful outdoor advertising. The owner of the structure shall be liable
for the costs of such removal. The commission shall incur no liability
for causing this removal, except for damage caused by negligence of the
commission, its agents or employees.

5. If notice as provided in this section is given and an action for
review is filed under the provisions of section 536.150, RSMo, or if
administrative review pursuant to the provisions of sections 536.067 to
536.090, RSMo, is filed and the state highways and transportation
commission enters its final decision and order to remove the outdoor
advertising structure, the advertising message contained on the structure
shall be removed or concealed by the owner of the structure, at the
owner's expense, until the action for judicial review is finally
adjudicated. If the owner of the structure refuses or fails to remove or
conceal the advertising message, the commission may remove or conceal the
advertising message and the owner of the structure shall be liable for
the costs of such removal or concealment. The commission shall incur no
liability for causing the removal or concealment of the advertising
message while an action for review is pending, except if the owner
finally prevails in its action for judicial review, the commission will
compensate the owner at the rate the owner is actually receiving income
from the advertiser pursuant to written lease from the time the message
is removed until the judicial review is final.

6. Any signs advertising tourist-oriented type business will be the last
to be removed.

7. Any signs prohibited by section 226.527 which were lawfully erected
prior to August 13, 1976, shall be removed pursuant to section 226.570.

8. The transportation department shall reimburse to the lawful owners of
any said nonconforming signs that are now in existence as defined in
sections 226.540, 226.550, 226.580 and 226.585, said compensation
calculated and/or based on a fair market value and not mere replacement
cost. (L. 1965 2d Ex. Sess. p. 900 § 9, A.L. 1972 S.B. 382, A.L. 1976
H.B. 1478, A.L. 1992 S.B. 652, A.L. 2002 H.B. 1196 merged with H.B. 1508)

*Words "subsection 2" appear in original rolls (S.B. 652, 1992).

The state transportation department may cut and trim any
vegetation on the highway right-of-way which interferes with the
effectiveness of or obscures a lawfully erected billboard, or the
highways and transportation commission shall promulgate reasonable rules
and regulations to permit the cutting and trimming of such vegetation on
the highway or right-of-way by the owner of such billboard. The right to
a vegetation permit by an outdoor advertising permit holder shall be
issued in accordance with the current rules and regulations promulgated
by the highways and transportation commission and shall not be denied
without good cause. Such rules and regulations shall be promulgated
within twelve months after August 28, 1992, or the commission shall
suspend the collection of the biennial inspection fees prescribed by
section 226.550 until such rules are promulgated, and such rules may
include authority to charge a reasonable fee for such permit. This
section shall not apply if its implementation would have the effect of
making Missouri be in noncompliance with requirements of Title 23, United
States Code, Section 131. (L. 1992 S.B. 652, A.L. 2002 H.B. 1196 merged
with H.B. 1508)

The state highways and transportation commission is authorized
to use any funds, appropriated to it or received by it from other than
the state road fund for matching federal funds or for other lawful
purposes of sections 226.500 to 226.600. (L. 1965 2d Ex. Sess. p. 900 §
10)

Any person, firm, or corporation violating the provisions of
sections 226.500 to 226.600 shall upon conviction be deemed guilty of a
misdemeanor, and each day of violation shall be considered a separate
offense. (L. 1965 2d Ex. Sess. p. 900 § 12)

The general assembly, for the purpose of promoting public
safety, health, welfare, convenience, and enjoyment of highway travel and
to preserve and enhance the natural scenic beauty of highways and
adjacent areas, declares it to be in the public interest to regulate and
restrict or prohibit the establishment, operation, and maintenance of
junkyards in areas adjacent to the interstate and primary systems of
highways in Missouri. (L. 1965 2d Ex. Sess. p. 905 § 1)

(1969) Junkyard licensing statute is a reasonable and proper exercise of
the state's police power. Deineke v. State Highway Commission (Mo.), 444
S.W.2d 480.

As used in sections 226.650 to 226.720, words or phrases mean:

(1) "Automobile graveyard" means any establishment, area, or place of
business maintained, used, or operated for storing, keeping, buying, or
selling wrecked, scrapped, ruined, or dismantled motor vehicles or parts
thereof;

(2) "Interstate system" means that portion of the national system of
interstate and defense highways located within the boundaries of
Missouri, as officially designated or as may be hereafter designated by
the state highways and transportation commission with the approval of the
Secretary of Commerce, pursuant to Title 23, United States Code, as
amended;

(3) "Junk" means old or scrap copper, brass, rope, rags, batteries,
paper, trash, rubber debris, waste, or junked, dismantled, or wrecked
automobiles, or parts thereof, iron, steel, and other old or scrap
ferrous or nonferrous material;

(4) "Junkyard" means an establishment, area, or place of business
maintained, operated, or used for the storing, keeping, buying, or
selling of junk or for the operation of an automobile graveyard, garbage
dump or sanitary fill;

(5) "Primary system" means that portion of the highways of this state
officially designated by the state highways and transportation commission
as being in the primary highway system as authorized by the constitution
and laws of Missouri. (L. 1965 2d Ex. Sess. p. 905 § 2)

No person shall operate, establish, or maintain a junkyard, any
portion of which is within one thousand feet of the nearest edge of the
right-of-way of any interstate or primary highway, without obtaining a
license from the state highways and transportation commission of
Missouri. The state highways and transportation commission shall have
authority to issue a license for the establishment, operation, and
maintenance of junkyards within the limits established in the preceding
section and shall charge an annual fee of ten dollars, payable in
advance. All licenses shall expire on the first day of January following
the date of issue and the commission may charge a pro rata part of the
annual license fee for portions of a year. Licenses shall be renewed from
year to year on payment of the license fee. Such fee shall be deposited
in the highway fund and be expended by the state highways and
transportation commission in the administration of provisions of sections
226.650 to 226.720. (L. 1965 2d Ex. Sess. p. 905 § 3)

No license shall be granted for the operation of a junkyard
within one thousand feet of the nearest edge of right-of-way of any
highway on the interstate or primary system except the following:

(1) Those screened by natural objects, plantings, fences, or other
appropriate means so as to render them not visible from the traveled way
of the highway involved;

(2) Those located within areas which are zoned for industrial use under
authority of law;

(3) Those located within industrial areas determined by the state
highways and transportation commission from actual land use to be
industrial or commercial areas;

(4) Those not visible from the right-of-way of the interstate or primary
system. (L. 1965 2d Ex. Sess. p. 905 § 4)

Any junkyard lawfully in existence on August 4, 1966, which is
within one thousand feet of the nearest edge of the right-of-way and
visible from the traveled roadway of any highway on the interstate or
primary system shall be screened, if feasible, by the state highways and
transportation commission so as to render it not visible from such
highways. When the state highways and transportation commission shall
determine that adequate screening of such junkyards is not economically
feasible or possible, it is authorized to acquire by purchase, exchange,
condemnation proceedings, or otherwise, all interests in land necessary
to secure the relocation, removal, or disposal of junkyards involved and
to pay for the relocation, removal, or disposal thereof. The commission
may acquire such lands or interests in lands as is necessary to provide
adequate screening of junkyards when it considers it to be in the best
interest of the state. (L. 1965 2d Ex. Sess. p. 905 § 5)

The state highways and transportation commission shall have
authority to promulgate reasonable rules and regulations to implement
sections 226.650 to 226.720 and is authorized to enter into agreements
with the United States Secretary of Commerce as provided by Title 23,
United States Code, relating to the control of junkyards. The maintenance
of the junkyard in violation of sections 226.650 to 226.720 is declared
to be a nuisance, and the state highways and transportation commission
may apply to the circuit court of any county in which such unlawful
junkyard is located for an injunction to abate such nuisance. (L. 1965 2d
Ex. Sess. p. 905 § 6)

Any person establishing, operating, or maintaining an unlicensed
junkyard in violation of sections 226.650 to 226.720 is guilty of a
misdemeanor and, upon conviction, shall be punished by a fine of not more
than one hundred dollars. Any person violating the provisions of sections
226.650 to 226.720 shall have sixty days to correct the violation after
proper notification. For the purposes of this section notification is
deemed to be given when written notice, specifying the violation alleged,
has been deposited in the United States registered mail, postage prepaid.
Each day a junkyard is unlawfully maintained constitutes a separate
offense. (L. 1965 2d Ex. Sess. p. 905 § 7)

1. No junkyard shall be established, maintained or operated
within two hundred feet of any other state or county road in this state
unless such junkyard is screened from the road by a tight board or other
screen fence not less than ten feet high, or of sufficient height to
screen the wrecked or disabled automobiles or junk kept therein from the
view of persons using the road on foot or in vehicles in the ordinary
manner, except that nothing in this section shall apply to any junkyard
located in any incorporated town, village or city. The provisions of
sections 226.650 through 226.710 shall not apply to this section except
the definitions appearing in section 226.660.

2. Any person, firm or corporation who establishes, conducts, owns,
maintains or operates a junkyard without complying with the provisions of
this section shall, on conviction, be guilty of a misdemeanor. (L. 1965
2d Ex. Sess. p. 905 §§ 8, 9)

The state highways and transportation commission is hereby
authorized to acquire, maintain, and improve areas abutting interstate
highways and other highways in the primary system bearing federal
designations for the restoration, preservation, and enhancement of scenic
beauty and for rest and recreational areas for accommodation of the
traveling public. (L. 1965 2d Ex. Sess. p. 907 § 1)

(1972) This section does not authorize the state highway commission to
provide rest areas abutting state routes which are neither interstate
highways nor federally designated highways. State ex rel. State Highway
Commission v. Pinkley (A.), 474 S.W.2d 46.

The state highways and transportation commission may acquire
such areas in fee, easement, or other interest as may be determined by
the commission to be reasonably necessary to accomplish the purposes of
sections 226.750 to 226.790. The acquisition may be by gift, purchase,
exchange, or condemnation, and if the latter be necessary, it shall be
carried out in the same manner as now provided by law for acquisition of
right-of-way for state highways. (L. 1965 2d Ex. Sess. p. 907 § 2)

The state highways and transportation commission is authorized
to enter into any necessary agreements, not involving any state funds,
with the Secretary of Commerce or other public agency necessary to
obtaining of available funds for the purposes described in Title 23,
Sections 136 and 319, of the United States Code, as revised in 1965. (L.
1965 2d Ex. Sess. p. 907 § 3)

For the purposes set out in sections 226.750 to 226.790, no
state funds shall be expended and all expenditures under such sections
shall be limited to funds granted to the state by the federal government
for such purposes. (L. 1965 2d Ex. Sess. p. 907 § 4)

The commission shall not operate any commercial facilities in
any rest or recreation area. (L. 1965 2d Ex. Sess. p. 907 § 5)

All highways and roadways, and portions thereof, within this
state which constituted the original United States Route 66, as
determined by the Missouri department of transportation, shall be renamed
"Route 66" along those portions which constituted the original United
States Route 66 and no political subdivision shall designate such
portions otherwise. (L. 1998 H.B. 948 § 1)

State highway 19 is hereby designated as a rustic and scenic
road dedicated to enjoyment of the scenic beauty of the area of the state
of Missouri adjoining that highway. The department of transportation may
place suitable markings and informational signs along state highway 19.
The department of transportation, the department of natural resources and
the Mississippi River Parkway commission may cooperate in the designation
of state highway 19 as a rustic and scenic road to protect and preserve a
part of Missouri's transportation history, historic roads and cultures,
recreational driving, beauty, trees, vegetation and wildlife heritage by
developing protective standards for maintenance, preservation,
identification and utilization of state highway 19. (L. 1989 H.B. 420 § 1)

United States Highway 66 is hereby designated as a historic
highway. The department of transportation may place suitable markings and
informational signs along United States Highway 66. Such signs shall
consist of the usual United States highway sign with the words "Historic
Route 66" printed on the face of the sign. The department shall not use
state moneys for such signs, but may accept donations from private
sources or federal grants to construct and erect signs described in this
section. (L. 1990 H.B. 1629 § 1)

1. The general assembly finds that certain roads and highways
serve scenic and natural areas and that preserving, protecting, and
enhancing such roads and highways for the benefit of the state of
Missouri and improving the coordination between all levels of government
in preserving such roads and highways is of importance to the people of
the state, and that measures should be taken in order to provide a means
and stimulus for coordinating the preservations, protection, enhancement,
enjoyment, and utilization of such roads and highways.

2. The highways and transportation commission of the state of Missouri is
authorized to create a state system of scenic byways in order to create
and preserve rustic, historic or scenic roads and highways for vehicular,
bicycle and pedestrian travel in unhurried, quiet and leisurely
enjoyment; to protect and preserve a part of Missouri's transportation
history, historic roads and cultures, recreational driving, beauty,
trees, vegetation and wildlife by establishing protective standards for
scenic byway design, access, maintenance, preservation, and
identification, which will promote a continuous system of scenic byways
for the public health and welfare.

3. Any county commission or the governing body of any municipality may
apply to the Missouri highways and transportation commission for the
designation of any road or highway, all or part of which is under its
jurisdiction, as a scenic byway after a public hearing with at least a
thirty-day prior notice. Unless the commission determines that the road
or highway does not meet the standards for scenic byways established by
the commission pursuant to this section the commission shall approve the
application for designation of the road or highway as a scenic byway.

4. Any county commission or the governing body of any municipality may
apply to the commission for the removal of any road or highway from the
scenic byways system after a public hearing with at least a thirty-day
prior notice. Unless opposed by a majority of the residents along the
scenic byway or if the commission determines that the road or highway
does not meet the standards for scenic byways established by the
commission pursuant to this section the commission shall approve the
application for removal of the road or highway from the scenic byways
system.

5. Roads or highways submitted for designation or removal as scenic
byways, which are under the joint jurisdiction of two or more
municipalities, or one or more municipalities and one or more counties,
or two or more counties may not be designated scenic byways or be
withdrawn from the scenic byways system by the commission until the
governing bodies of all affected municipalities and the county
commissions of all affected counties approve of such designation or
removal after public hearings with at least thirty-day prior notices.

6. The county commissions, the municipalities and the counties shall have
the same authority over scenic byways as they possess over other roads or
highways under their jurisdiction. (L. 1990 H.B. 1207)

1. The highways and transportation commission shall consider, at
a minimum, the following factors in designating a road or highway as a
scenic byway:

(1) Highway design which preserves and protects the natural beauty or
scenery of the area;

(2) Significant scenic, natural, historical, cultural or recreational
resources in the area;

(3) Adequate land area to accommodate safe enjoyment of scenic
attractions;

(4) Compatibility of the scenic byway with recreational, aesthetic and
environmental management needs of the area; and

(5) Presence of existing protected areas near, or adjacent to, the scenic
byway, such as national forests or federal or state park land.

2. The commission shall adopt a rating system to ensure that only roads
and highways that display outstanding characteristics pursuant to the
provision of subsection 1 of this section are designated as scenic byways
as provided by the provisions of section 226.797. (L. 1995 S.B. 212 §
226.799 subsecs. 1, 2)

Prior to the designation of a road or highway as a scenic byway
pursuant to the provisions of section 226.797, the commission shall
provide written notice of its intent to designate the road or highway as
a scenic byway to newspapers of general circulation in the area or areas
affected and to the governing body of each county and each municipality
that has jurisdiction over all or part of the road or highway. Within
thirty days after receipt of such notice, the governing body of each such
county or municipality shall conduct a public hearing on the matter.
Within ninety days after the receipt of the notice from the commission,
each such governing body of a county or municipality, after such hearing,
shall approve or reject the proposed designation of the road or highway
as a scenic byway and notify the commission of its approval or rejection
of the proposed scenic byway. The commission shall only designate a
portion of a road or highway as a scenic byway if the governing body of
the county or municipality containing that portion of the road or highway
approves the proposed scenic byway as prescribed in this section. (L.
1995 S.B. 212 § 226.799 subsec. 3)

1. The department of transportation shall mark the primary
routes of all national historic trails including, but not limited to, the
Pony Express Trail, Trail of Tears, Lewis and Clark Trail, Mormon Trail,
Santa Fe Trail, Oregon Trail, and California Trail in Missouri, as
described in the respective National Park Service comprehensive
management and use plans, when published and distributed for each of the
trails, by placing official National Park Service approved signs in
locations where the trails travel on public highways and cross public
highways. In addition, the department of transportation shall at such
time as it shall mark the Santa Fe Trail place suitable signs at
appropriate locations recognizing the contributions of Franklin and Arrow
Rock, Missouri, to the origins of the Santa Fe Trail.

2. The state highways and transportation commission may accept and
administer gifts and donations to aid in obtaining suitable signs bearing
the proper approved inscription. (L. 1986 H.B. 907 § 1)

1. The commission may adopt rules to regulate or prohibit
outdoor advertising in order to preserve scenic corridors adjacent to,
and visible from, roads and highways designated as scenic byways pursuant
to the provisions of section 226.797, except, that on-premise signs may
be regulated, but not prohibited. Areas zoned commercial or industrial
shall not be designated as scenic byways.

2. The commission may adopt rules to implement a program for the erection
and maintenance of tourist-oriented directional signs within the
right-of-way of scenic byways in the state. The tourist-oriented
directional signs shall provide business identification and directional
information for businesses, services, natural attractions and activities
which, during a normal business season, derive the major portion of the
income and visitors for the business or activity from motorists not
residing in the immediate area of the business or activity. Tourist-
oriented directional signs shall only be used on roads and highways
designated as scenic byways under section 226.797. (L. 1995 S.B. 212 §
226.799 subsecs. 4, 5)

1. There is hereby created the "Interagency Committee on Special
Transportation" within the Missouri department of transportation. The
members of the committee shall be: The assistant for transportation of
the Missouri department of transportation, or his designee; the assistant
commissioner of the department of elementary and secondary education,
responsible for special transportation, or his designee; the director of
the division of aging of the department of social services, or his
designee; the director of the division of family services of the
department of social services, or his designee; the deputy director for
mental retardation/developmental disabilities and the deputy director for
administration of the department of mental health, or their designees;
the executive secretary of the governor's committee on the employment of
the handicapped; and other state agency representatives as the governor
deems appropriate for temporary or permanent membership by executive
order.

2. The interagency committee on special transportation shall:

(1) Jointly designate substate special transportation planning and
service areas within the state;

(2) Jointly designate a special transportation planning council for each
special transportation planning and service area. The special
transportation planning council shall be composed of the area agency on
aging, the regional center for developmental disabilities, the regional
planning commission and other local organizations responsible for funding
and organizing special transportation designated by the interagency
committee. The special transportation planning councils will oversee and
approve the preparation of special transportation plans. Staff support
for the special transportation planning councils will be provided by the
regional planning commissions serving the area with funds provided by the
department of transportation for this purpose;

(3) Jointly establish a uniform planning format and content;

(4) Individually and jointly establish uniform budgeting and reporting
standards for all transportation funds administered by the member
agencies. These standards shall be adopted into the administrative rules
of each member agency;

(5) Individually establish annual allocations of funds to support special
transportation services in each of the designated planning and service
areas;

(6) Individually and jointly adopt a five-year planning budget for the
capital and operating needs of special transportation in Missouri;

(7) Individually develop administrative and adopt rules for the substate
division of special transportation funds;

(8) Jointly review and accept annual capital and operating plans for the
designated special transportation planning and service areas;

(9) Individually submit proposed expenditures to the interagency
committee for review as to conformity with the areas special
transportation plans. All expenditures are to be made in accordance with
the plans or by special action of the interagency committee.

3. The assistant for transportation of the Missouri department of
transportation shall serve as chairman of the committee.

4. Staff for the committee shall be provided by the Missouri department
of transportation.

5. The committee shall meet on such a schedule and carry out its duties
in such a way as to discharge its responsibilities over special
transportation expenditures made for the state fiscal year beginning July
1, 1989, and all subsequent years. (L. 1988 S.B. 676 § 1)

The Missouri department of transportation shall:

(1) Provide staff assistance to the coordinating council on special
transportation and interagency committee on special transportation;

(2) In cooperation with the coordinating council and interagency
committee prepare an annual inventory of rural and special transportation
services and needs and report to the governor and general assembly;

(3) Provide technical assistance to local agencies designated to prepare
area special transportation plans and direct and supervise the
preparation of the area special transportation plans with funds
appropriated for that purpose. (L. 1988 S.B. 676 § 2)

The commission shall develop specific goals for minority
employment and training and the use of minority-owned construction
companies. The commission shall annually provide a report to the general
assembly on or before June fifteenth of each year. The report shall, at a
minimum, provide detailed information which indicates the progress made
in achievement of the specific goals established under this section. (L.
1993 1st Ex. Sess. H.B. 2 § 1)

Effective 9-30-93

A minimum of ten percent of all contracts entered into by the
Missouri highways and transportation commission in the design and
construction of projects financed in whole or in part with federal funds
shall be entered into with minority-owned construction companies or
businesses. If there are not a sufficient number of qualified minority
business enterprises in a geographic area to meet the ten percent goal
established in this section, then the contract recipient shall make a
good faith effort to solicit and use subcontracts with minority business
enterprises located within reasonable proximity to the geographic area in
order to meet the ten percent goal established in this section or
increase minority business enterprise participation in other projects.
(L. 1993 1st Ex. Sess. H.B. 2 § 2)

Effective 9-30-93

1. The provisions of sections 226.900 and 226.905 shall not
apply to any contracts necessitated by damage inflicted in the flood of
1993.

2. If the report required by section 226.900 certifies that the ten
percent goal has been achieved, the provisions of section 226.905 and
this section dealing with minority-owned construction companies shall
become null and void. (L. 1993 1st Ex. Sess. H.B. 2 § 3)

Effective 9-30-93

If the United States Secretary of Transportation determines that
sections 226.900 to 226.907 have the effect of placing the state of
Missouri in noncompliance with any federal constitutional, statutory or
regulatory provision that would result in the loss of any federal aid
funds to the Missouri highways and transportation commission, then
sections 226.900 to 226.907 shall be null and void. (L. 1993 1st Ex.
Sess. H.B. 2 § 4)

Effective 9-30-93

As used in sections 226.950 to 226.973, the following words and
phrases mean:

(1) "City", any incorporated city, town, village or municipality of the
state of Missouri;

(2) "Commission", the state highways and transportation commission;

(3) "Corridor map", a legal description of the metes and bounds of the
area within a highway corridor, tied to an existing or reestablished
government corner, and accompanied by a county map showing the general
location of the highway corridor. The legal description shall govern in
the case of any inconsistency with the corridor drawn on the map;

(4) "County", any county of the state of Missouri;

(5) "Highway corridor", the area projected to be needed as right-of-way
for the construction and maintenance of a future new or relocated state
highway, as determined by the commission;

(6) "Regulatory authority", any city or county governmental entity within
a county of the first or second classification, or a county containing
any part of a lake having a shoreline of one hundred miles or more in
length, which zones or regulates the use of land, approves plats of
proposed subdivisions or other real property development, establishes and
regulates setback lines from highways, grants zoning variances or
exceptions, or which issues building or construction permits. (L. 1995
S.B. 212, A.L. 1998 H.B. 1596)

1. Whenever the commission has approved the location of the
highway corridor of a new or relocated state highway it may file a
certified copy of a corridor map with each regulatory authority having
jurisdiction over any portion of the property contained within the
highway corridor, and with the recorder of deeds in every county in which
a portion of the highway corridor is located.

2. The commission shall not file or record a corridor map in any county
or city without first advertising and conducting a public hearing to
learn of any objections that the residents and any appropriate regulatory
authorities may have to the proposed location of the highway corridor.
The commission shall consult with all regulatory authorities having
jurisdiction over the property contained within the proposed highway
corridor regarding the appropriate location of such highway corridor. In
areas within the boundaries of a metropolitan planning organization, as
designated under 23 U.S.C. 134, the location of a proposed highway
corridor shall be selected by the commission in cooperation with the
metropolitan planning organization for the area. At least thirty days
prior to holding this hearing, the commission shall send a notice of the
hearing by certified mail, addressed to the owner of record of each
parcel crossed by or within the highway corridor, at the address shown
for such owner on the county tax records. (L. 1995 S.B. 212 § 226.952
subsecs. 1, 2)

Any corridor map filed pursuant to sections 226.952 to 226.957
may be revised from time to time by filing with the same regulatory
authorities and county recorders who received the prior corridor map, in
the manner set forth in sections 226.952 to 226.957, certified copies of
an amended corridor map indicating any changes to be made in the location
of the highway corridor. In the event that the commission fails to
initiate construction on any portion of the new or relocated highway
which was to be located within the approved corridor within ten years
after the original copy of the corridor map is filed under sections
226.952 to 226.957, the commission shall, in accordance with section
226.967, dispose of any property acquired by the commission within the
approved corridor. (L. 1995 S.B. 212 § 226.952 subsec. 3, A.L. 1998 H.B.
1596, A.L. 1999 S.B. 152)

1. Sections 226.952 to 226.957 shall not apply to, and the
commission shall not attempt to file or record corridor maps in those
areas of the state having no regulatory authority.

2. Sections 226.952 to 226.957 shall not apply to, and the commission
shall not file or record a corridor map for a highway corridor of a new
or relocated state highway project funded with state funds and without
any federal funds.

3. In order to compensate a regulatory authority for the activities
required under sections 226.950 to 226.973, the commission shall pay a
filing fee in the sum of two hundred and fifty dollars to the regulatory
authority when a corridor map or a revised corridor map is filed with the
regulatory authority.

4. Sections 226.952 to 226.957 shall not apply to, and the commission
shall not file or record a corridor map for, a highway corridor for a new
or relocated state highway to be located within an area which is already
developed at or near its maximum use with commercial, industrial or
residential structures. (L. 1995 S.B. 212 § 226.952 subsecs. 4 to 7)

Whenever a corridor map or any amendment thereto has been filed
by the commission pursuant to sections 226.950 to 226.973, each affected
regulatory authority shall refer to the commission a copy of any of the
following when it is received, with respect to any lot, tract or parcel
of land which abuts or is located wholly or partially within the highway
corridor:

(1) An application or request for a building permit for the construction
of a new commercial, industrial or residential building or an increase in
the square footage of an existing commercial or industrial building;

(2) An application or request for a zoning change, variance or exception;

(3) An application or request to approve a subdivision plat or plat of
other proposed development; or

(4) An application or request for a modification of existing setback
lines from highways. (L. 1995 S.B. 212 § 226.954 subsec. 1)

1. A city or county regulatory authority shall not approve any
application or request described in sections 226.959 to 226.967
concerning property abutting or within a highway corridor without the
concurrence of the commission until at least forty-five days have elapsed
after the commission received the application or request, unless the
regulatory authority has received a notice of concurrence in the
application or request from the commission.

2. Within the forty-five-day period, the commission by written notice to
the regulatory authority and the property owner may concur in the
application or request, may recommend that the approval of the
application or request be conditioned upon certain modifications or
limits set forth in the notice, or may give notice of probable intent to
acquire the whole or any part of the subject property which is within the
highway corridor.

3. If the commission concurs in the application or request, the
regulatory authority shall be free to act upon the application in such
manner as may be provided by law. (L. 1995 S.B. 212 § 226.954 subsecs. 2
to 4)

If the commission recommends that the approval of the
application or request be conditioned upon special modifications or
limits, either the regulatory authority or the applicant property owner
may reject the conditions, and written notice of this rejection shall be
served upon the commission and the regulatory authority or applicant by
personal delivery or certified mail. In the event the conditions
requested by the commission are rejected, the commission shall be deemed
to have given notice of probable intent to acquire the whole or any part
of the subject property which is within the highway corridor on the date
it received the written notice of rejection of its conditions, and no
action shall be taken by the regulatory authority to approve the
application or request at that time. (L. 1995 S.B. 212 § 226.954 subsec.
5)

If the commission does not concur in the application or request,
and determines that it may wish to acquire the property or any portion of
it before action is taken upon the application or request, it shall serve
written notice on the regulatory authority and the property owner of its
probable intent to acquire the subject property within the forty-five-day
period provided, and no action shall be taken by the regulatory authority
to approve the application or request at that time. (L. 1995 S.B. 212 §
226.954 subsec. 6)

From the date the commission gives notice of probable intent to
acquire the whole or any part of the subject property which is within the
highway corridor, or is deemed to have given such notice, the regulatory
authority shall take no action to approve the property owner's
application or request for a further period of one hundred twenty days.
If the commission does not acquire, agree to acquire, or commence an
action in circuit court to condemn the property within this one hundred
twenty-day period, the regulatory authority shall then be free to act
upon the pending application in such manner as may be provided by law. If
the location of a corridor is changed after property is acquired by the
commission or the commission fails to initiate construction within ten
years after a certified copy of the corridor map is filed under sections
226.952 to 226.957, the person from whom the property was acquired shall
have the right of first refusal to reacquire the property at a cost of
not more than the compensation paid by the commission to such person for
the property. (L. 1995 S.B. 212 § 226.954 subsec. 7, A.L. 1998 H.B. 1596)

1. No recorder of deeds shall record any plat for a subdivision
or other real property development when either the property owner, or a
regulatory authority, or both, has not complied in full with the
provisions of sections 226.950 to 226.973.

2. No regulatory authority shall issue any building permit for the
construction of a new commercial, industrial or residential building or
an increase in the square footage of an existing commercial or industrial
building, approve a subdivision or other plat, or zone, rezone, or grant
a zoning variance or exception for any real property which is within a
corridor map that has been properly filed and recorded, until the
commission has been given the required time to act on the application or
request and if appropriate, to acquire, agree to acquire or commence a
condemnation action on any part of the subject property. (L. 1995 S.B.
212 § 226.956)

1. The commission may institute any action it deems necessary in
the circuit courts of this state to prevent a violation of any provision
of sections 226.950 to 226.973, or to undo any action taken in violation
of sections 226.950 to 226.973. The commission may obtain a court order
to stop any construction in violation of sections 226.950 to 226.973. If
the commission acquires the property upon which development has occurred
in violation of sections 226.950 to 226.973, the court shall order the
property returned to its original condition prior to the commencement of
the construction at the property owner's expense and without charge or
cost to the commission.

2. Any action taken by a regulatory authority or recorder of deeds in
violation of sections 226.950 to 226.973 shall be void and unenforceable.
(L. 1995 S.B. 212 § 226.958)

1. Nothing in sections 226.950 to 226.973 shall be construed to
prohibit or limit the ability of any regulatory authority from
incorporating a highway corridor into its master plan, zoning ordinances
or regulations, or to adjust setback lines from highways accordingly, or
from taking any lawful action that may be within the scope of its
jurisdiction to preserve, protect and enforce the highway corridor.

2. Nothing in sections 226.950 to 226.973 shall be deemed to limit or
restrict the general authority of the commission to purchase or condemn
fee simple or such lesser title or interest in real property for
right-of-way or other authorized purposes. (L. 1995 S.B. 212 § 226.960)

In order to enable the commission to acquire property to
preserve a corridor for future highway construction under the provisions
of sections 226.950 to 226.973, the commission shall not be required to
file detailed plans of the future highway construction with the county
clerk as required by section 227.050, RSMo. (L. 1996 H.B. 876 § 4, A.L.
1998 H.B. 1596)

If the department of transportation removes property from any
roadway of this state pursuant to section 304.155, RSMo, such property
shall be immediately taken to the shoulder or berm of the roadway, and
the department employees shall not use a wrecker, tow truck or roll-back
in the removal process. (L. 2002 H.B. 1270 and H.B. 2032)

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