Section 227.297

Title XIV ROADS AND WATERWAYS

Chapter 227

Effective - 28 Aug 2015, 4 histories, see footnote   (history) 

  227.297.  Heroes Way designation program established — signage — application procedure — joint committee to review applications. — 1.  This section establishes a designation program, to be known as the "Heroes Way Designation Program", to honor the fallen Missouri heroes who have been killed in action while performing active military duty with the Armed Forces.  The signs shall be placed upon interstate or state-numbered highway interchanges or upon bridges or segments of highway on the state highway system in accordance with this section, and any applicable federal and state limitations or conditions on highway signage, including location and spacing.

  2.  Any person who is related by marriage, adoption, or consanguinity within the second degree to a member of the United States Armed Forces who was killed in action while performing active military duty with the Armed Forces, and who was a resident of this state at the time he or she was killed in action, may apply for a designation under the provisions of this section.

  3.  Any person described under subsection 2 of this section who desires to have an interstate or state-numbered highway interchange or bridge or segment of highway on the state highway system designated after his or her family member shall petition the department of transportation by submitting the following:

  (1)  An application in a form prescribed by the director, describing the interstate or state-numbered highway interchange or bridge or segment of highway on the state highway system for which the designation is sought and the proposed name of the interchange, bridge or relevant segment of highway.  The application shall include the name of at least one current member of the general assembly who will sponsor the designation.  The application may contain written testimony for support of the designation;

  (2)  Proof that the family member killed in action was a member of the United States Armed Forces and proof that such family member was in fact killed in action while performing active military duty with the United States Armed Forces.  Acceptable proof shall be a statement from the Missouri veterans commission or the United States Department of Veterans Affairs so certifying such facts;

  (3)  By signing a form provided by the Missouri transportation department, the applicant shall certify that the applicant is related by marriage, adoption, or consanguinity within the second degree to the member of the United States Armed Forces who was killed in action; and

  (4)  A fee to be determined by the commission to cover the costs of constructing and maintaining the proposed interchange, bridge, or highway signs.  The fee shall not exceed the cost of constructing and maintaining each sign.

  4.  All moneys received by the department of transportation for the construction and maintenance of interchange, bridge, or highway signs shall be deposited in the state treasury to the credit of the state road fund.

  5.  The documents and fees required under this section shall be submitted to the department of transportation.

  6.  The department of transportation shall submit for approval or disapproval all applications for designations to the joint committee on transportation oversight.  The joint committee on transportation oversight may review such applications at any scheduled meeting convened pursuant to section 21.795.  If satisfied with the application and all its contents, the committee shall approve the application.  The committee shall notify the department of transportation upon the approval or denial of an application for a designation.

  7.  The department of transportation shall give notice of any proposed designation under this section in a manner reasonably calculated to advise the public of such proposal.  Reasonable notice shall include posting the proposal for the designation on the department's official public website and making available copies of the sign designation application to any representative of the news media or public upon request and posting the application on a bulletin board or other prominent public place which is easily accessible to the public and clearly designated for that purpose at the principal office.

  8.  If the memorial designation request is not approved by the joint committee on transportation oversight, ninety-seven percent of the application fee shall be refunded to the applicant.

  9.  Two signs shall be erected for each interchange, bridge, or highway designation processed under this section.

  10.  No interchange, bridge, or highway may be named or designated after more than one member of the United States Armed Forces killed in action.  Such person shall only be eligible for one interchange, bridge, or highway designation under the provisions of this section.

  11.  Any highway signs erected for any designation under the provisions of this section shall be erected and maintained for a twenty-year period.  After such period, the signs shall be subject to removal by the department of transportation and the interchange, bridge, or highway may be designated to honor persons other than the current designee.  An existing designation processed under the provisions of this section may be retained for additional twenty-year increments if, at least one year before the designation's expiration, an application to the department of transportation is made to retain the designation along with the required documents and all applicable fees required under this section.

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(L. 2009 H.B. 91 merged with H.B. 427 merged with H.B. 683, A.L. 2011 H.B. 798, et al., A.L. 2015 H.B. 522, et al. merged with S.B. 474)