227.297. 1. This section establishes an interstate interchangedesignation program, to be known as the "Heroes Way Interstate InterchangeDesignation Program", to honor the fallen Missouri heroes who have beenkilled in action while performing active military duty with the armedforces in Afghanistan or Iraq on or after September 11, 2001. The signsshall be placed upon the interstate interchanges in accordance with thissection, and any applicable federal limitations or conditions on highwaysignage, including location and spacing.
2. Any person who is related by marriage, adoption, or consanguinitywithin the second degree to a member of the United States armed forces whowas killed in action while performing active military duty with the armedforces in Afghanistan or Iraq on or after September 11, 2001, and who was aresident of this state at the time he or she was killed in action, mayapply for an interstate interchange designation under the provisions ofthis section.
3. Any person described under subsection 2 of this section whodesires to have an interstate interchange designated after his or herfamily member shall petition the department of transportation by submittingthe following:
(1) An application in a form prescribed by the director, describingthe interstate interchange for which the designation is sought and theproposed name of the interstate interchange. The application shallinclude the name of at least one current member of the general assembly whowill sponsor the interstate interchange designation. The application maycontain written testimony for support of the interstate interchangedesignation;
(2) Proof that the family member killed in action was a member of theUnited States armed forces and proof that such family member was in factkilled in action while performing active military duty with the UnitedStates armed forces in Afghanistan or Iraq on or after September 11, 2001.Acceptable proof shall be a statement from the Missouri veterans commissionor the United States Department of Veterans Affairs so certifying suchfacts;
(3) By signing a form provided by the Missouri transportationdepartment, the applicant shall certify that the applicant is related bymarriage, adoption, or consanguinity within the second degree to the memberof the United States armed forces who was killed in action; and
(4) A fee to be determined by the commission to cover the costs ofconstructing and maintaining the proposed interstate interchange signs.The fee shall not exceed the cost of constructing and maintaining eachsign.
4. All moneys received by the department of transportation for theconstruction and maintenance of an interstate interchange signs shall bedeposited in the state treasury to the credit of the state road fund.
5. The documents and fees required under this section shall besubmitted to the department of transportation.
6. The department of transportation shall submit for approval ordisapproval all applications for interstate interchange designations to thejoint committee on transportation oversight. The joint committee ontransportation oversight may review such applications at any scheduledmeeting convened pursuant to section 21.795, RSMo. If satisfied with theapplication and all its contents, the committee shall approve theapplication. The committee shall notify the department of transportationupon the approval or denial of an application for an interstate interchangedesignation.
7. The department of transportation shall give notice of any proposedinterstate interchange designation under this section in a mannerreasonably calculated to advise the public of such proposal. Reasonablenotice shall include posting the proposal for the designation on thedepartment's official public web site and making available copies of thesign designation application to any representative of the news media orpublic upon request and posting the application on a bulletin board orother prominent public place which is easily accessible to the public andclearly designated for that purpose at the principal office.
8. If the memorial interstate interchange designation request is notapproved by the joint committee on transportation oversight, ninety-sevenpercent of the application fee shall be refunded to the applicant.
9. Two signs shall be erected for each interstate interchangedesignation processed under this section.
10. No interstate interchange may be named or designated after morethan one member of the United States armed forces killed in action. Suchperson shall only be eligible for one interstate interchange designationunder the provisions of this section.
11. Any highway signs erected for any interstate interchangedesignation under the provisions of this section shall be erected andmaintained for a twenty-year period. After such period, the signs shall besubject to removal by the department of transportation and the interstateinterchange may be designated to honor persons other than the currentdesignee. An existing interstate interchange designation processed underthe provisions of this section may be retained for additional twenty-yearincrements if, at least one year before the designation's expiration, anapplication to the department of transportation is made to retain thedesignation along with the required documents and all applicable feesrequired under this section.
(L. 2009 H.B. 91 merged with H.B. 427 merged with H.B. 683)