HCS SS SS SCS SB 970, 968, 921, 867, 868 & 738 -- TRANSPORTATION

SPONSOR:  Westfall (Koller)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Transportation by a vote of 11 to 8.

This substitute imposes an additional 1% general sales and use
tax on tangible personal property or services at retail.  The
revenue derived from this tax will be deposited and used as
follows:

(1)  One-fourth of the revenue will be deposited in a newly
created Missouri State Highway Patrol Fund;

(2)  Twenty million dollars per year will be deposited in the
State Transportation Fund;

(3)  The remainder will be deposited in the State Road Fund.

The substitute requires that members of the State Transportation
Commission be appointed by the Governor from among candidates
supplied by the House and Senate leadership of each political
party.  Every two years the Governor will appoint one candidate
from each party.  Candidates must be appointed by July 1 in
even-numbered years.  When a vacancy on the commission occurs,
the House and Senate leadership of the political party of the
vacating member must submit three candidates for selection within
30 days.  The Governor has 15 days to appoint the new member.
The new member will serve only the remainder of the unexpired
six-year term of the vacating member.

All references to the Highway Commission or the Highways and
Transportation Commission and the Department of Highways in the
statutes will mean the Transportation Commission and the
Department of Transportation.

The substitute removes the cap on the amount of aviation jet tax
revenues which may be deposited in the Aviation Trust Fund.
Current law only permits $5 million of the aviation jet fuel tax
revenues to be placed in the fund.  The substitute changes the
expiration date on the aviation jet fuel tax section to December
31, 2008.  Under current law, the Highways and Transportation
Commission may match state funds at a 80% level and local funds
at a 20% level.  This is changed to a 90/10 formula.  The
substitute modifies the language regarding the deposit of
unclaimed aviation fuel refunds.  Currently, a person who fails
to apply for a refund is regarded as making a gift of his or her
refund to the Aviation Trust Fund.

The substitute also:

(1)  Authorizes the Department of Transportation to enter into a
pilot design-build project.  The design-build projects will be
selected from projects approved by the East-West Gateway
Coordinating Council and included in the Statewide Transportation
Improvement Program approved by the commission.  The authority to
enter into these projects will expire on July 1, 2012, unless
extended.

(2)  Removes the 2008 expiration date for the six-cent gas tax
increase adopted in 1992;

(3)  Eliminates the requirement that road projects be bid in
sections not to exceed 10 miles;

(4)  Prohibits persons from transporting hazardous material
through a tunnel and from parking vehicles containing hazardous
materials within 300 feet of a highway tunnel located beneath any
airport runway.  Violation of this provision is a class B
misdemeanor for the first offense and a class A misdemeanor for a
second or subsequent offense;

(5)  Requires applicants for commercial driver's licences to
comply with the requirements of the U.S. Patriot Act of 2001;

(6)  Modifies the definition of "abandoned property" to include
any motor vehicle involved in an accident whereby the law
enforcement official requests the vehicle to be removed from the
scene because the operator or owner is unable to arrange for the
abandoned property's timely removal;

(7)  Allows electric personal assistance mobility devices to be
operated upon any street, highway, sidewalk, or bicycle path.
Any person operating a device will be treated and granted the
same rights as a pedestrian.  Operation will be limited to
persons 16 years of age or older.  An exception is made for
persons with a mobility-related disability.

To operate the device one-half hour after sunset or one-half
before sunrise requires the following equipment:

(a)  Front lamp capable of lighting a roadway at 500 feet;

(b)  Rear red reflector or red lamp visible from 600 feet.

Any person of operating age who violates any provision of the
substitute will be guilty of an infraction and subject to a fine
of not less than $5 nor more than $25.  Any person under
operating age who violates any operating provision of the
substitute in the presence of a peace officer will be subject to
the device being impounded up to five days;

(8)  Increases the fees collected by non-Department of Revenue
offices for biennial licenses issued and for six-year licenses.
The fees for licenses renewed biennially are increased from $4 to
$5 beginning August 28, 2002.  Beginning July 1, 2003, licenses
renewed annually are increased from $2.50 to $3.50 and biennial
licenses are increased from $5.00 to $7.50.  Beginning July 1,
2003, fees for six-year driver's licenses are increased from $4
to $5.  Beginning July 1, 2003, all Department of Revenue branch
offices will be required to collect the same fees charged by fee
offices;

(9)  Allows the Highways and Transportation Commission, from
Fiscal Year 2007 to 2022, to issue no less that $150 million and
no more than $250 million in bonds in any one fiscal year;

(10)  Requires on all construction contracts that a detailed
disadvantaged business enterprise participation plan be submitted
with every request for qualifications;

(11)  Requires contracts for construction of concrete-surfaced
state highways to include provisions for alternate construction
by asphaltic concrete of comparable design;

(12)  Increases the permit fee for junkyards from $10 to $50.  An
annual renewal fee of $25 will be charged.  The substitute spells
out the authority of the commission to issue notices of
violation, administrative review, and removal or abatement of
junkyards in violation;

(13)  Revises the provision allowing appropriations from the
Highways and Transportation Fund to other state agencies and the
cap on these funds;

(14)  Reauthorizes the Advisory Committee for the Department of
Revenue until April 1, 2003; and

(15)  Authorizes the General Assembly to appropriate up to $1
million annually from General Revenue to upgrade nonstate highway
system bridges.  The Department of Transportation will administer
the project.  The department must utilize one of the innovation
centers authorized as the contracting organization for the
project.  Moneys from the fund will be used for the analysis and
reinforcement of existing nonstate highway bridges that require
strengthening to eliminate load posting.  Bridges which are
currently under the responsibility for repair or maintenance by
the department will not be eligible for the project.  The project
must utilize the Center for Infrastructure Engineering Studies at
the University of Missouri-Rolla for the selection of bridges
that can be strengthened by the use of technology that has been
developed at the university.  The center must also create and
lead an industry consortium to perform the structural analysis
and technology application required for the strengthening of the
selected bridges.  The University of Missouri-Rolla must match
every $2 appropriated with $1 from its operating funds

Regarding billboards, the substitute:

(1)  Updates requirements of federal law to include primary
highways as of June 1, 1991;

(2)  Allows tri-vision, projection, and changeable message signs
to be subject to Department of Transportation regulations;

(3)  Allows cutouts and extensions on nonconforming signs;

(4)  Makes existing stacked signs legal nonconforming.  When
stacked signs were prohibited in 1999, the statute provided that
existing signs were not conforming which meant they could be
rebuilt.  By making existing signs legal nonconforming, the signs
could be phased out over time as they need replacing;

(5)  Adopts a minimum of 1,400 feet (up from 500 feet) spacing
between signs on all primary and interstate highways;

(6)  Modifies the definition of "unzoned commercial and
industrial land" by expanding the commercial activity area from
600 feet to 750 feet on either side of a qualifying business;

(7)  Allows billboards in agricultural-zoned areas if they meet
certain requirements;

(8)  Eliminates the opposite side of the road as part of the
unzoned commercial areas on primary highways and interstates;

(9)  Requires businesses to have the presence of an owner or
employee on the premises for at least 20 hours per week in order
to be considered a valid business when determining whether a
property is commercial or industrial;

(10)  Increases the original permit fee to erect a billboard from
$28.50 to $200;

(11)  Increases biennial inspection fees to $50 on August 28,
2002, $75 on August 28, 2003, and $100 on August 28, 2004;

(12)  Allows for the non-compensated removal of billboards for
failing to pay fees over 12 months;

(13)  Increases the amount of time to cure a billboard violation
from 30 to 60 days and requires actual notice of a violation
before removal of a sign; and

(14)  Requires vegetation permits to be issued according to
current department rules and regulations and allows certain
utility companies to remove and trim vegetation without a permit.

The substitute contains a referendum clause and requires a
renewal referendum in 2022 on the portions of the substitute
relating to the sales tax increase.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$935,752 in FY 2003, $2,550,000 to $3,550,000 in FY 2004, and
$5,100,000 to $6,100,000 in FY 2005.  Estimated Net Income to
Aviation Trust Fund of $0 in FY 2003, $2,550,000 in FY 2004, and
$5,100,000 in FY 2005.  Estimated Net Income to Road Fund of
$198,507,327 in FY 2003, $495,559,496 in FY 2004, and
$515,508,039 in FY 2005.  Does not include possible savings or
costs from design/build projects and contracts or costs for safe
travel routes for electric personal assistance mobility devices.
Estimated Net Effect on Highway Fund of a Cost of $97,229 in FY
2003, an Income of $12,909,121 in FY 2004, and an Income of
$12,909,121 in FY 2005.  Estimated Net Income to State
Transportation Fund of $20,000,000 in FY 2003, FY 2004, and FY
2005.  Estimated Net Income to Missouri State Highway Patrol Fund
of $47,713,917 in FY 2003, $119,093,937 in FY 2004, and
$123,857,694 in FY 2005.

PROPONENTS:  Supporters say that this legislation will be a big
help in improving Missouri's transportation system.

Testifying for the bill were Senator Westfall; Missouri Motor
Carriers Association; Missouri Outdoor Advertising; Department of
Transportation; St. Louis Regional Chamber and Growth
Association; Consulting Engineers Council of Missouri; Missouri
Society of Professional Engineers; Lambert St. Louis Airport;
Jacobs, Incorporated; and Missouri Dump Truck Association.

OPPONENTS:  Those who oppose the bill say that they object to
heavy fee increases on billboard owners.  Opponents also believe
the new sign spacing requirements within the bill are not
necessary.

Testifying against the bill was Bill Davis.

Robert Triplett, Legislative Analyst

Missouri House of Representatives
Last Updated October 11, 2002 at 9:04 am