HB719 - HIGHWAY DEPARTMENT SALARIES - Shelton, O.L.
HB719 GENERAL ASSEMBLY TO FIX COMPENSATION OF CERTAIN EMPLOYEES OF HIGHWAY DEPARTMENT.
Sponsor: Shelton, O.L. (57) Effective Date:00/00/00
CoSponsor:Farmer, Nancy (64) LR Number:1622-01
Last Action: Second read and referred: Transportation (S)
HB719
Next Hearing:Hearing not scheduled
Calendar:Bill currently not on calendar
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Available Bill Summaries for HB719
| Perfected | Committee | Introduced |


Available Bill Text for HB719
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BILL SUMMARIES

PERFECTED

HB 719 -- HIGHWAY DEPARTMENT (Farmer)

This bill establishes that the General Assembly sets the
salaries of certain Highway Department employees.  Currently,
the State Highway Commission sets the salaries.

The bill changes condemnation proceedings law.  In its main
provisions it:

(1) Requires the court to award the defendant reasonable
attorneys fees and expenses of litigation in condemnation
proceedings; and

(2) Allows the defendant or the condemnor, within specified time
frames, to file an offer and notice of acceptance together with
proof of service to the court for entry of judgment.

The bill requires the Highway Commission to cut vegetation on
the right-of-ways of all state highways in areas located outside
the corporate boundaries of a city, town, or village.
Vegetation mowing will be required at least once each year,
based upon the type and condition of the terrain, to a height of
between 3 and 6 inches.  Mowing will be required between July 15
and October l of each year.  Right-of-ways where the terrain is
simply unsuitable to operate equipment and right-of-ways with
slopes greater than three to one are exempt.

The bill requires that whenever the Highway Commission has
approved the location of a highway corridor, it may file a
certified copy of a corridor map with each regulatory authority
having jurisdiction over any land within the highway corridor
and with the recorder of deeds of any county where the corridor
is located.  Prior to filing a corridor map the commission must
conduct a public hearing.  All owners of property crossed or
within the corridor must be notified within 30 days of the
hearing.  Local regulatory authorities within a corridor must
notify the commission of any request for building permits,
zoning changes, subdivision plats, or modification of existing
setback lines.  The provisions described in this paragraph will
not apply to a highway corridor for a new or relocated state
highway to be located within an area which is already developed
at or near its maximum use with commercial, industrial, or
residential structures.

A city or county regulatory authority cannot approve any
application or request concerning property within a corridor for
a 45 day period without the concurrence of the commission. The
commission within the 45 day period may:

(1)  Concur in the application or request;

(2)  Recommend the approval of the application or request be
conditioned upon certain modification or limits set forth; or

(3)  Give notice of probable intent to acquire the whole or any
part of any property within the corridor.

The regulatory authority is free to act upon a request if the
commission concurs in the request.  If the commission recommends
an approval be conditioned upon specified modifications or
limits, either the regulatory authority or the applicant
property owner may reject the conditions.  A written notice of
rejection must be sent to the commission by personal delivery or
certified mail. If the conditions requested by the commission
are rejected, the commission is deemed to have given notice of
probable intent to acquire the whole or any part of the subject
property within the corridor as of the date of receipt of the
rejection. If the commission does not concur in the request and
determines that it may wish to acquire any or all of the
property,  then the commission must serve written notice on the
regulatory authority and the property owner within the 45 day
period.  The regulatory authority will take no action on a
request where the commission gives notice of intent to acquire
the property.  However, if the commission does not acquire the
property within 120 days, the regulatory authority will be free
to act upon the pending request.

The bill provides for legal remedies for violations.

FISCAL NOTE:  Estimated Net Cost to State Road Fund of
$6,145,497 in FY 96, $9,873,404 in FY 97, and $15,443,950 in FY
98.  Estimated Net Effect on Park Sales Tax Fund of unknown in
FY 96, FY 97, and FY 98.


COMMITTEE

HB 719 -- HIGHWAY DEPARTMENT SALARIES

CO-SPONSORS:  Shelton, Farmer

COMMITTEE ACTION:  Voted "do pass" by the Committee on Fees and
Salaries by a vote of 6 to 1.

This bill establishes that the General Assembly sets the
salaries of certain Highway Department employees.  Currently,
the State Highway Commission sets the salaries.

FISCAL NOTE:  No impact on state funds.

PROPONENTS: Supporters say that Highway commissioners are not
elected officials, and are not accountable to the voters should
they choose to raise salaries when money would be better spent
elsewhere in the department.  This bill would also put the
Highway Department on a par with other state departments in
terms of pay plans for employees.

Testifying for the bill were Representatives Farmer and Shelton.

OPPONENTS: Those who oppose the bill say that the Highway
Commission is best suited to determine salaries for its
employees.  Employees fear that they will not be as well
compensated by the General Assembly.

Testifying against the bill was the Missouri Highway and
Transportation Employees Association.

Brian Cook, Research Analyst


INTRODUCED

HB 719 -- Highway Department Salaries

Co-Sponsors:  Shelton, Farmer

This bill establishes that the General Assembly sets the
salaries of certain Highway Department employees.  Currently,
the State Highway Commission sets the salaries.


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Last Updated November 3, 1997 at 10:08 am