COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 2735-09
Bill No.: HCS for SB 870
Subject: Roads and Highways; Business and Commerce; Transportation Dept
Type: Original
Date: April 28, 2004
FISCAL SUMMARY
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Total Estimated
Net Effect on General Revenue Fund |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Highway Funds | (Unknown)* | (Unknown)* | (Unknown)* |
| Total Estimated
Net Effect on Other State Funds |
(Unknown)* | (Unknown)* | (Unknown)* |
*Expected to be less than $100,000
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 4 pages.
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Local Government | $0 | $0 | $0 |
ASSUMPTION
Officials from the Office of State Courts Administrator stated there would be no fiscal impact on the Courts.
Officials from the Department of Public Safety - Missouri State Highway Patrol, Department of Revenue, Department of Economic Development - Division of Tourism stated there would be no fiscal impact on their agencies.
Officials from the Department of Transportation (MoDOT) assume that since this proposal covers enforcement of an area within one mile of all state highways and is not limited to 660 feet of the right-of-way of interstate/primary highways (current statute), the increased area for billboard control will have a fiscal impact on MoDOT. MoDOT stated that two additional outdoor advertising specialists and related work equipment would be required to undertake a larger enforcement area, but Oversight assumes costs related to additional billboard control would be limited to enforcement of the specialty signs stipulated within this act and would be less than $100,000/yr.
Officials from the Attorney General's Office (AGO) assume that its office is required to represent the state in all actions pursuant to this act. AGO anticipates that businesses will challenge the applicability of the law, and may introduce constitutional questions into litigation. AGO assumes it will require on new Assistant Attorney General III to handle litigation in the
ASSUMPTION (continued)
first year of the bill's effectiveness, and that existing resources can absorb additional costs in years thereafter. Oversight assumes that the volume of litigation related to this act is unknown and because enforcement of the act upon existing billboards will be delayed for three years, litigation can be handled by existing resources.
| FISCAL IMPACT - State Government
|
FY 2005
(10 Mo.) |
FY 2006 | FY 2007 |
| Highway Funds | (Unknown)* | (Unknown)* | (Unknown)* |
| EXPECTED NET EFFECT ON HIGHWAY FUNDS |
(Unknown)* |
(Unknown)* |
(Unknown)* |
*Expected to be Less than $100,000
| FISCAL IMPACT - Local Government | FY 2005
(10 Mo.) |
FY 2006 | FY 2007 |
| $0 | $0 | $0 |
FISCAL IMPACT - Small Business
Small businesses operating an adult cabaret or sexually-oriented business could have an negative fiscal impact a result of this proposal.
DESCRIPTION
This proposal prohibits adult cabaret or sexually- oriented billboards from being located within one mile of a state highway. This prohibition will not apply if the business is located within one mile of the highway. If the adult cabaret or sexually-oriented business is located within one mile of the state highway, then the business can display a maximum of two exterior signs on the premises of the business. The signs are limited to the purpose of conveying identification and providing notice that the premises are off limits to minors. The identification sign is limited to 40 square feet and can only convey the name, address, telephone number and operating hours of the business. Signs existing before the date of adoption of this act do not have to comply for a period of three years from August 28, 2004. Business owners who violate this act are guilty of a Class C misdemeanor. This legislation states that the Attorney General shall represent the state in all actions and proceedings arising from this act.
This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.
SOURCES OF INFORMATION
Department of Transportation
Attorney General's Office
Office of State Courts Administrator
Department of Public Safety
Missouri State Highway Patrol
Department of Revenue
Department of Economic Development
Division of Tourism
Mickey Wilson, CPA
Director
April 28, 2004