HB 1207 -- MISSOURI AIRPORT PROTECTION ACT

CO-SPONSORS:  Merideth, Moore, Ostmann, Berkstresser,
Bartelsmeyer, Liese, Gaskill

COMMITTEE ACTION:  Voted "do pass" by the Committee on Local
Government and Related Matters by a vote of 14 to 4.

This bill requires the Highways and Transportation Commission to
establish an airspace review and permit process to regulate
structures that may be erected within navigable airspace and to
ensure that they do not interfere with air navigation.

The commission must investigate all permit applications, taking
into consideration the safety and welfare of persons and property
in the air and on the ground.  The commission may approve
application for temporary structures if it is evident that the
proposed temporary structure will not adversely affect safety or
air navigation.  Permits may be withheld upon Federal Aviation
Administration (FAA) investigation of any type.

The bill also contains language concerning location requirements,
when a permit is required, time required for making application
for a permit, permit exceptions, identification requirements to
be noted on permits, notification of denial of a permit, the
appeal process upon permit denial, and rulemaking authority.

The commission is prohibited from expending funds which are
dedicated to highway use to enforce this law.

FISCAL NOTE:  Estimated Net Effect to General Revenue Fund of a
cost of $59,776 to an income of Unknown in FY 2003, a cost of
$63,593 to an income of Unknown in FY 2004, and a cost of $65,190
to an income of Unknown in FY 2005.

PROPONENTS:  Supporters say that the bill will make airports
safer.  The protection of airports is important for economic
development and federal regulations don't provide enough
protection.  If a county or city does not have planning and
zoning, there is no way to limit what can be built around an
airport.  Towers built around an airport do not have to be a
hazard to be negative.

Testifying for the bill were Representative Merideth; Department
of Transportation; Missouri State Aviation Council; Excelsior
Springs Memorial Airport; Branson Regional Airport; Missouri
Pilots Association; and Missouri Airport Managers Association.

OPPONENTS:  Those who oppose the bill say that the FAA has an
adequate program to protect airports.  In order to get an FCC
tower permit, the builder must have an FAA no hazard
determination.  Small wireless phone providers depend on these
towers being at a certain location.  Most small airports don't
need further restrictions.  Phone providers build towers only as
a last resort because they are expensive.  The bill only adds
another layer of government.

Testifying against the bill were Missouri Telecommunications
Industry; Cingular Wireless; Sprit PCS; Alltel Communications;
AT&T Wireless; and Verizon Wireless.

Steve Bauer, Legislative Analyst

Missouri House of Representatives
Last Updated October 11, 2002 at 9:00 am