SB 1027 - This act modifies the highway corridor preservation process. Under the act, the Highways and Transportation Commission must file a certified copy of a corridor map with the proper regulatory authorities whenever the commission has approved the location of the highway corridor of a new or relocated state highway. Current law makes this act discretionary (Section 226.952).
Under current law, the commission is not required to file or record a corridor map for a highway corridor of a new or relocated state highway project funded with state funds and without any federal funds. This act repeals this exemption (Section 226.957).
Under current law, the commission is not required to file or record a corridor map for 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. This act repeals this exemption (Section 226.957).
Under this act, the commission must institute proper legal actions in circuit court to prevent violations of the highway corridor preservation statutes and must immediately obtain court orders to stop any construction in violation of such statutes. Under current law, the decision to institute such legal proceedings is vested solely to the discretion of the commission.
The act also requires the State Auditor to annually audit and investigate any failure of the commission or its employees to institute the proper legal proceedings. If the State Auditor finds that the commission or the employees under their supervision knowingly failed to institute the proper legal proceedings and such violation caused a loss of state road fund moneys or the failure to act necessitated a greater expenditure of road fund moneys than would have been required if action had been taken, then the commission shall freeze the existing salaries of those employees involved with the violations for the following fiscal year pay period.
STEPHEN WITTE