HB 436 -- MISSOURI AIRPORT PROTECTION ACT

CO-SPONSORS:  Merideth, Britt, Black, Berkowitz, Myers, Graham,
Richardson

COMMITTEE ACTION:  Voted "do pass" by the Committee on Local
Government and Related Matters by a vote of 15 to 2.

This bill requires the Highways and Transportation Commission to
establish an airspace review and permit process to regulate
structures that may be erected within navigable airspace and to
ensure that the structures will not interfere with air
navigation.

The commission must investigate all permit applications, taking
into consideration the safety and welfare of persons and
property in the air and on the ground.  The commission may
approve application for temporary structures if it is evident
that the proposed temporary structure will not adversely affect
safety or air navigation.  Permits may be withheld upon any type
of Federal Aviation Administration investigation.

The bill also contains language concerning location
requirements, when a permit is required, time required for
making application for a permit, permit exceptions,
identification requirements to be noted on permits, notification
of denial of a permit, the appeal process upon permit denial,
and rule making authority.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$66,563 in FY 2002, $72,024 in FY 2003, and $73,828 in FY 2004.

PROPONENTS:  Supporters say that the bill is only for small
rural airports.  Property around airports is being developed;
and in many cases, the structures are not safe for the air
traffic.  Many times towers are built which are a hazard to air
traffic.  The FAA does not regulate these structures.  The FAA
does only a safety study, which is often not adequate.
Twenty-five other states have similar laws regulating structures
around airports.

Testifying for the bill were Representative Merideth; Department
of Transportation; Aircraft Owners and Pilots Association;
Missouri Airport Managers Association; and Columbia Regional
Airport.

OPPONENTS:  Those who oppose the bill say that wireless
companies and others invest large amounts of money in towers and
take safety seriously.  Many of these towers can only be built
in limited areas if they are to work.  The FAA does a safety
study on any hazards, and companies cannot operate without a
letter from the FAA.  Other states don't have laws that are as
strict as this proposed legislation.  The builders of towers try
to avoid airports.  Any existing tower would need Department of
Transportation approval before doing repair or maintenance.

Testifying against the bill were Missouri Telecommunications
Association; Sprint; and Missouri Small Telephone Company Group.

Steve Bauer, Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:44 am