SS/SCS/HB 1196 - This act modifies various provisions relating to transportation and billboard provisions

FUEL TAX SUNSET - This act removes the 2008 sunset on the 6-cent gas tax. This provision is also contained in CCS/HS/SS/SCS/SB 915 et al (Section 142.803)

HIGHWAYS AND TRANSPORTATION DEPARTMENT FUND CAP - This act revises the cap on the amount of money the Missouri Highway Patrol can receive from the Highways and Transportation Department Fund. Under this act, the highway patrol and the actual costs incurred by the office of administration on behalf of the highway patrol and employees of the department of transportation are exempt from the cap beginning fiscal year 2004 This act also provides that appropriations made to the Highway Patrol from the highways and transportation department fund shall be made in accordance with Article IV, section 30(b) of the Missouri Constitution. Any current funding from the highways and transportation fund used for activities not related to enforcing motor vehicle laws shall be funded from other sources shall expire on June 30, 2007. This amendment also requires the state auditor to examine and audit such appropriations to the patrol (SA 1)(section 226.200). This provision is similar to one contained in the latest version of SB 915.

TEN-MILE RULE - This act eliminates the requirement that road projects be bid in sections not to exceed 10 miles (Section 227.100). This provision is contained in the perfected version of SB 970 et al (2002).

DESIGN -BUILD - The act also authorizes MoDOT to enter into three pilot design-build projects, two of which shall be from the 1992 Fifteen Year Plan. The authority to enter into such projects shall expire on July 1, 2012, unless extended by statute (Section 227.107).

AVIATION FUEL TAX - This act increases 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. This amount is increased to $6 million. This act also extends the sunset on the aviation jet fuel tax section to December 31, 2008 (Section 144.805). Under current law, the commission may match state funds at a 80% level and locals at a 20% level. This is changed to a 90/10 formula (section 305.230). This act also modifies the language regarding the deposit of unclaimed aviation fuel refunds. The current law states that "If any person fails to apply for a refund as provided in Chapter 142, RSMo, he makes a gift of his refund to the Aviation Trust Fund". The new language simply states that the refund amount will be deposited in such fund.

FEE OFFICES - This act 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 $4.00 to $5.00 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, this act requires all Department of Revenue branch offices to collect the same fees charged by fee offices (section 136.055).

BILLBOARD LAW - This act updates requirements of federal law to include primaries as of June 1, 1991. This act specifically allows Tri-vision, projection and changeable message signs to be subject to MoDOT regulations. This act allows cutouts and extensions on nonconforming signs. This act 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. This act adopts a minimum of 1,400 feet (up from 500 feet) spacing between signs on all primary and interstate highways. This act 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. This act eliminates the opposite side of the road as part of the unzoned commercial areas on primaries and interstates.

The act requires business to have the presence of an owner or employee on the premises for at least 20 hours per week to be considered a valid business when determining whether a property is commercial or industrial. This act increases original permit fee to erect a billboard from $28.50 to $200. This act increases biennial inspection fees to $50 on August 28, 2002, $75 on August 28, 2003, and $100 on August 28, 2004. This act allows for the non-compensated removal of billboards for failing to pay fees over 12 months. This act increases the amount of time to cure a billboard violation from 30 to 60 days. This act requires actual notice of a violation before removal of a sign. This act requires vegetation permits to be issued according to current MoDOT rules and regulations(sections 226.540, 226.550, 226.573, 226.580 and 226.585). The billboard provisions are similar to ones contained in HB 1508 (2002).
STEPHEN WITTE