SS SCS HCS HB 209 -- SIMPLIFIED MUNICIPAL TELECOMMUNICATIONS
BUSINESS LICENSE TAX AND THE STATE HIGHWAY UTILITY RELOCATION ACT

This bill authorizes the simplified municipal telecommunications
business license tax.  After July 1, 2006, any municipality may
impose this tax on a telecommunications company for the privilege
of doing business within its borders.  The telecommunications
company may pass the tax onto its retail customers only if the
company itemizes the tax on the customer's bill.  The Director of
the Department of Revenue will publish a list of the
municipalities imposing this tax.

The maximum rate of the gross receipts percentage for any
municipality is 5% unless the actual calculated rate is greater
than 5%.  If the calculated rate is greater than 5%, the maximum
rate of the gross receipts percentage for the municipality is
adjusted to be revenue neutral based on revenues collected and
forecasted for July 1, 2006, to June 30, 2008; half of the
difference between the determined rate and 5% for July 1, 2008,
to June 30, 2010; and 5% for July 1, 2010, and thereafter.

The bill establishes the State Highway Utility Relocation Act;
changes the laws regarding highway right-of-ways; establishes a
procedure for the relocation of utilities from highway
right-of-ways in connection with highway construction projects;
and allows certain utility companies and services, including
cable television and Internet services, to place their facilities
or systems within the right-of-ways of any state highway, county
road, or other political subdivision.  This portion of the bill
has an effective date of January 1, 2006, and does not apply to
construction projects having a letting date prior to December 31,
2005.

Upon completion of the initial design of a construction project,
the Highways and Transportation Commission will provide at least
one set of project plans to each owner of a utility facility
showing the location of the owner's utility facilities and the
utility facilities of other owners in relation to the work
required for the project.

Within 120 days of receiving the completed project plan from the
commission, the owner will provide the commission with a
relocation plan.  The plan will include a description of work to
be done in relocating the owner's utility facilities and whether
the work or a portion of the work must be coordinated with or is
contingent upon work being performed by other utility owners or
the contractor of the commission.  The plan will specify when the
work will start and the number of days estimated to complete the
work.

The commission will review the plan to ensure compatibility with
permit requirements, the project plan, and the anticipated bid
letting date and notice to proceed for the project.  The
commission will notify the owner in writing within 30 days of
receiving the plan whether it is acceptable.  The removal and
relocation of utility facilities will be at the owner's expense
unless otherwise provided for by the commission.  If the owner
fails to relocate its utilities in accordance with the relocation
plan, the commission may remove and relocate the facilities at
the expense of the owner.

Any home rule city having a population of 60,000 or greater or
any charter county of the first classification may adopt
ordinances or regulations consistent with the bill regarding the
relocation of utility facilities located within the right-of-way
of streets, highways, or roads under their respective
jurisdiction.  Any ordinance, policy, resolution, or regulation
adopted must not infringe upon, negate, or otherwise abrogate an
owner's right to construct, own, operate, and maintain utility
facilities within the right-of-ways of the political subdivision
that the owner had prior to the adoption of the ordinance,
policy, resolution, or regulation.

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:18 pm