Publication: Chillicothe Constitution Tribune Thursday, October 26, 2000

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   Constitution-Tribune (Newspaper) - October 26, 2000, Chillicothe, Missouri                                2B COmS CONiTITUTIONTRIBUNE THURSDAY OCTOBER 26 2000 spacing d No sign shall be located in such man ner as to obstruct or otherwise physically interfere with the effectiveness of an of ficial traffic sign signal or device or obstruct or physically interfere with a motor vehicle operators view of ap proaching merging or intersecting traf fie e The measurements In this section shall be the minimum distances between outdoor advertsi ng sign structures mea sured along the nearest edge of the pave ment between points directly opposite the signs along each side of the highway and shall apply only to outdoor advertising sign structures located on the same side of the highway involved 4 As used in this section the words unzoned commercial and industrial land mean That area not zoned by state or local law or ordinance and on which here is located one or more permanent structures used for a commercial busi ness or industrial activity or on which a commercial or industrial activity is ac tually conducted whether or not a per manent structure is located thereon to gether with the area along the highway extending outwardly six hundred feet from and beyond the edge of such activ ity All measurements shall be from the outer edges of the regularly used im provements buildings parking lots landscaped storage or processing areas r of the commercial or industrial activity and along and parallel to the edge of the pavement of the highway On nonfreeway primary highways where there is an unzoned commercial or indus trial area on one side of the road as de scribed in this section the term unzoned commercial or industrial land shall also include those lands directly opposite on the other side of the highway to the ex tent of the same dimensions Unzoned land shall not include a Land on the opposite side of an inter state or freeway primary highway from an unzoned commercial or industrial area as defined in this section b Land zoned by a state or local law regulation or ordinance c Land on the opposite side of a nonfreeway primary highway which is determined by the proper state authority to be a scenic area 5 Commercial or industrial activi ties as used in this section means those which are generally recognized as com mercial or industrial by zoning authori ties in this state except that none of the following shall be considered commer cial or industrial a Outdoor advertising structures b Agricultural forestry ranching graz ing farming and related activities in cluding seasonal roadside fresh produce stands c Transient or temporary activities d Activities more than six hundred sixty feet from the nearest edge of the right ofway or not visible from the main trav eled way e Activities conducted in a building principally used as a residence 0 Railroad tracks and minor sidings 6 The words unzoned commercial or industrial land shall also include all ar eas not specified in this section which constitute an unzoned commercial or in dustrial area within the meaning of the present section 131 of Title 23 of the United Stales Code or as such statute may be amended As used in this section the words zoned commercial or indus trial area shall refer to those areas zoned commercial or industrial by the duly con stituted zoning authority of a municipal ity county or other lawfully established political subdivision of the state or by the state 7 In zoned commercial and industrial areas whenever a state county or mu nicipal zoning authority has adopted laws or ordinances which include regulations with respect to the size lighting and spac ing of signs which regulations are con sistent with the intent of sections to and with customary use then from and after the effective date of such regulations and so long as they shall continue in effect the provisions of this section shall not apply to the erection of signs in such areas Notwithstanding any other provisions of this section after August with respect to any out door advertising which is regulated by the provisions of subdivision 3 or 4 of section or subsection 1 of section a No county or municipality shall is sue a permit to allow a regulated sign to be newly erected without a permit issued by the state highways and transportation commission b A county or municipality may charge a reasonable onetime permit or inspec tion fee to assure compliance with local wind load and electrical requirements when the sign is first erected but a county or municipality may not charge a permit or inspection fee for such sign after such initial fee Changing the display face or performing routine maintenance shall not be considered as erecting a new sign 8 The state highways and transporta tion commission on behalf of the suite of Missouri may seek agreement with the Secretary of Transportation of the United Slates under section 131 of Title 23 United States Code as amended that sections to are in con formance with that section 131 and pro vides effective control of outdoor adver tising signs as set forth therein If such agreement cannot be reached and the penalties under subsection b of section 131 arc invoked the attorney general of this siaic shall institute proceedings de scribed in subsection 1 of that section 131 Section E Section RSMO 1994 is repealed and two sections en acted in lieu thereof to be known as sec tions and to read as follows 226 585 The slate highways and trans portation department may cut and trim any vegetation on the highway rightof way which interferes with the effective ness of or obscures a lawfully erected billboard or the highways and transpor tation commission shall promulgate rea sonable rules and regulations to permit the cutting and trimming of such vegeta tion on the highway or rightofway by the owner of such billboard Such rules and regulations shall be promulgated within twelve months after August 2t 1992 or the commission shall suspend the collection of the biennial Inspection fees prescribed by section until such are promulgated and such rules may include authority to charge a reasonable fee for such permission This section shall not apply if its implemen tation would have the effect of making Missouri be in noncompliance with re quirements of Title 23 United States Code section 131 Trees and other veg etation located Section F Sections and RSMO 1994 re ferred to in the previous section are quoted for reference as follows On and after March 30 1972 no outdoor advertising shall be erected or maintained within six hundred sixty feet of the nearest edge of the rightof way and visible from the main traveled way of any highway which is a part of the interstate or primary system in this state except the following 1 Directional and other official signs including but not limited to signs per taining to natural wonders scenic and historical attractions which arc required or authorized by law and which comply with regulations which shall be promul gated by department relative to their lighting size number spacing and such other requirements as may be appropri ate to implement sections to but such regulations shall not be inconsistent with nor more restrictive than such national standards as may be promulgated from time to time by the Secretary of the Department of Transpor tation of the United States under sub section c of section 131 of Title 23 of the United States Code 2 Signs displays and devices adver tising activities conducted on the prop erty upon which they are located or ser vices and products therein provided 3 Outdoor advertising located in areas which are zoned industrial commercial or the like as provided in sections to or under other au thority of law 4 Outdoor advertising located in unzoned commercial or industrial areas as defined and determined pursuant to sections to 5 Outdoor advertising for tourist ori ented businesses and scoreboards used in sporting events or other electronic signs with changeable messages which are not prohibited by federal regulations or local zoning ordinances Outdoor ad vertising which is authorized by this sub di vision 5 shall only be allowed to the extent that such outdoor advertising is not prohibited by Title 23 United Slates Code section 131 as now or thereafter amended and lawful regulations promul gated thereunder The general assembly finds and declares it to be the policy of the state of Missouri that the tourism in dustry is of major and critical importance to the economic wellbeing of the state and that directional signs displays and devices providing directional informa tion about goods and services in the in terest of the traveling public is essential to the economic welfare of the tourism industry The general assembly further finds and declares that the removal of di rectional signs advertising tourist ori ented businesses is harmful to the tour ism industry in Missouri and that the re moval of directional signs within or near areas of the state where there is high con centration of tourist oriented businesses would have a particularly harmful effect upon the economies within such areas The state highways and transportation commission is authorized and directed to determine those specific areas of the state of Missouri in which there is high con centration of tourist oriented businesses and within such areas no directional signs displays and devices which are lawfully erected which are maintained in good repair which provide directional information about and services in the interest of the traveling public and which would otherwise be required to be removed because they are not allowed to be maintained under the provisions of sections through shall be required to be removed until such lime as such removal has been finally ordered by the United States Secretary of Trans portation 6 The provisions of this section shall not be construed to require removal of signs advertising churches or items of religious significance items of native arts and crafts woodworking in native prod ucts or native item of histori cal geologic significance or hospitals or airports The state highways and trans portation commission is directed to erect within the rightofway of all classes of highways within the state signs and no lice pi ruining to publicly and privately owned natural and scenic and historical attractions under the following conditions 1 Such signs shall not violate my fed eral law rule or regulation affecting the allocation of federal funds to the state of Missouri or which violate My safety regulation formally promulgated by tha state highways and transportation com mission 2 Such official ligni shall be limited in content to the name of the attraction and necessary travel information 3 The state highways and transporta tion commission shall determine those sites and attractions for which directional and other official signs may be erected as permitted by section 131 of Title 23 United States Code which it deems of such importance as to justify such sign ing using as a guide those publicly or privately owned natural wonders and sce nic historic educational cultural or rec reational sites which have been deter mined to be of general interest 4 The state highways and transporta tion commission may require reimburse ment for the cost of erection and mainte nance of the official directional signs au thorized hereunoer when sites or attrac tions are privately owned by other than the state or political subdivisions The state highways and transportation com mission shall prescribe Ihe site number and locations of such signs based upon its determination of the travelers need for directional information Signs displays and devices giving specific information of interest to the traveling public shall be erected and maintained within the rightofway in such areas in an appropriate distance from interchanges on the interstate sys tem as shall conform with the rules and regulations promulgated by the highway department Such rules shall be consis tent with national standards promulgated from time to time by the appropriate au thority of the federal government pur suant to Title 23 section 131 paragraph f of the United States Code Notwithstanding any other pro vision of sections to outdoor advertising signs lawfully in ex istence on October 22 1965 determined by agreement between the state highways and transportation commission and the Secretary of Transportation to be land mark signs including signs on farm structures or natural surfaces of histori cal or artistic significance may be main tained KX PL AN enclosed in brackets thus in this Act Is not en acted and is intended to be omitted in the law new matter enacted and in tended to be Included in the law is shown underlined thug PROPOSITION B Proposed by Initiative Petition Shall Missouri statutes be enacted es tablishing a campaign finance system where candidates for election to the Missouri legislature and statewide of fice who comply with various require ments regarding campaign contribu tions and finances including limita tions on campaign spending contribu tions and use of personal funds may apply and obtain certification from the Missouri Ethics Commission to receive public campaign financing where the funds allocated to participating can didates are provided by iiwreturing by onehundredth of one percent the an franchise tax levied on corpora tions whose outstanding shares and surplus exceed two million dollars with such campaign finance system to include penalties for violations The costs of this proposal will be funded through an increase in the cor porate franchise lax rate for corpora tions whose outstanding shares and surplus exceed This tax increase will generate approximately per year Be It enacted by the people of the state of Missouri Section I Purpose findings and decla rations I The purpose of thii act shall he ions It has created a public perception of government corruption as evidenced bv repealed of public opinion in nassage of reforms bv initiative and ref crcnfJunv c It impede fhc scales ahiljly to pro vide equal of the free speech riyhls of in by creating an 1m pecjjmenl to the equal protection of free speech rinhlit antj by creating an unrca f nnqfrle financial harrier lo eoual nanici paiion bv all i nf Musiiuri fuflhcrJlinl anij jpfjffrc that g voluntary Pair plec lions campaign finance Kyxlcm such ap the onejircivided for in this act enhances democracy by a Reducing ihe conflict of interest in Her 1 Tha miAllfvlna cafttflhutlafit nf an In yog Definitions At Ulftd hi tcttlfloi J Ifl 24 ftf Ihii act the following arms means ft Clearly f I IWa hundred Section 6 Participating candidates mutt comply with entire act candidate unSit lnJhe of whose identity is apparent hy unambiguous the Missouri ethics i money sncnt fgVFull full first name middle spouse and children f Independent an ex Mass mailing of nevm letters pamphlets brochures or other similar items of more than one hundred pieces in which the content of the mailer mailed is substantially mailing shall not include fa A mailing made jp direct response to cofnirmnicalion from a neraon lo whom the matter is mailed hi A mailing to federal state or local government officials or c News releases to the communications 1 31 Nonnarticialina candne pursuant to sections t to 24 of this act using campaign contributions raised from private sources or who otherwise is ineligible or fails to qualify for public financing pursuant to sections I to 24 of this act 141 Participating q date who qualifies for public financing by collecting Ihe required number of qualifying contributions making all re quired reports and disclosures and be ing certified as complying with the nro visions of sections I to 24 of this act 1 5 Personal funds contributed by a candidate or a member of the candidates immediate family f Primary election campaign the period thirty jgyfj jftcf fil ina for the pertinent office closes and tlon f7 Principal place of the primary organization or employer from which an individual derives his or her principal income including the employers official name and oosi office The employers post office ad dress shall include street number and name or post office box city state and zip code 181 Public financing qualifying pe the period prior nrimarv election campaign period during which candidates mav collect Qualifying in order lo qualify for puhjfe The period shall heyiri on trje first day of January of an yey and end with the ilart qf the primary lion campafgn period f 0 Qualifying a conlri designated period hy YQUfr registered Wfnjn the candidates In the cate pf a can didaiCfjQtilalfcMnatQT oritate lattve or voter registeredjn Hale in lerent in the Vitem bv limilir fice and acknowledged bv written re candid caie of a candidate for slate rere this a iurint the rimar contributions thall conmbiL lfl Iht CIIB ftf j tiindidglc far state sena Iflt 31 Two hundred fifty qualifying contri In sU or more of the United Stales conareMional ditlrirlt In thli stale irt the Qf j candidate for a statewide ClKtCd OffiCC pthef than aavernor f41 Plve htlBdlfd qualifying contributions in tin or mftra nt the tJnttfd con afattifMial dtttrjclt thla tlate tn the case of a candidate far Bach Qualifying contribution shall be acknowledged by a receipt Hating the contributor1 full name and full home address The candidate shaM each contributor with a copy of the receipt and shall retain ft copy of each receipt for pre sentation to the commission in compli ance with subjection I of section 10 of this act 4 The commission shall determine a candidates compliance with the menls of subsections 2 and 3 of this sec tion by utilising such verification tech including the use of sampling techniques as the commission deems appropriate Qualifying contributions and excess Qualifying contributions mav be retained bur if retained shall be spent only as seed money contributions pursuant to the terms and limitations in section 9 of this afiU 6 No candidate or neraon acting on he half of a candidate thai I snliril or accept oiialifVing unless the can didate has first registered with the com mission as seeking to qualify for public financing Section 4 General election eligibility olilical nartv candidate shall requirements The candidate a Was a participating candidate during the primary ejection and won the partys nomination f hi Has been selected hv the party nomj naling committee as a party candidate pursuant to section RSMo or c Has been selected In replace a candi date a participating candidate during the primary election and 1 The candidates party meets at least one of the following qualifications a In the most recent primary election for the office sought the combined voles received bv all candidates for that partys nomination for that office yygs more than fifteen percent of the total votes cast for the candidates of all parties for that fice or fb In the previous general election the 2 of this section anij 21 The candidate a Was a participating candidate during the primary election and won Ihe partys nomination M Has been selected hv the nartv no In Ihe revious general election the nominee of that party for I he office sought recnivcd more than five huj Jets than fifteen percent of the lolaj votes cast for all candidates for that of fice Section 5 Independent candidates I An ndeendent sha receive fjnanciqg pr thy genpral elccliqn such candidate raises one hundred fifty irihiitlon uired andida ning in office sought 9 An independent candidate who ouali sections I to 24 of thii acLi gpneraj election during the all pf hrmiahftiit tame e not elect to accent nrivate jn violation of sections I to 24 of thii during Ihe corresponding general ejec tion Section 7 Reporting requirements 1 A participating thai I ac cent Private cftntrlhutlona other than money cnntrihiitlftns and qualifying eon trihutioni df finy the exploratory parjoj and the public financing qualifying ng rlod 1 In an election vffar each candidate in itlon ft for an offic to IQ 24 of this act whether rticiat or nonarticiatin furnish a Complete campaign finance re port including a record of all campaign pontrihutions all seed money centring tions qualifying contributions and penditures to the commission bv the firs dav of March the first day of May first day of June the first day of July tjfa fifteenth day of July and bv the dav seven business days before the dale of the ppj marv election i 3 tn an election year af h fiflndidflte in a general election for an office subject to I to 24 of this act whether participating or nonparticinating famish a complete campaign finance nort including a record of all campaign all seed money contrifru tions Qualifying contributions and ex penditures to the commission bv the first day of September the day ftf September the first day of October tfte fifteenth dav of October and hv the dav seven business davs before the dati of the general election 4 A candidate shall keen a record of any fvinf contribution 6 A candidate or anyone acting on a candidates behalf shall not accept any contribution not complying with the re quirements of subsections 2 and 3 of this section Section 8 Use of personal funds 1 A participating candidates tnTMHHl funds contributed as seed money contri butions shall not exceed an aggregate amount of five hundred dollars fora stale representative election one thousand dollars for a senate election and five thousand dollars for an election for stale wide office 2 No personal funds shall he expended bv a participating caudate after the close of the public financing qualifying period 3 Personal funds shall not be used to meet Ihe qualifying contribution ment except ifrat each registered voter may make onp fivedollar contribution Section 9 Seed money I A candidate seeltino in oualifv i ted 10 Ihc rrprlii of th nr har Una of fi ihe hf ginning nf ihr primary w SfrtpnlO Commission determination of eligibility and distribution of public financing I To innlv for nuhllr finiiulni i rin   
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