Missouri 2025 Regular Session

Missouri Senate Bill SJR2 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE JOINT RESOLUTION NO. 2
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR O'LAUGHLIN.
8	8	0953S.02I KRISTINA MARTIN, Secretary
9	9	JOINT RESOLUTION
10	10	Submitting to the qualified voters of Missouri, an amendment repealing sections 29, 30(a), 30(b),
11	11	30(c), 31, and 32 of article IV of the Constitution of Missouri, and adopting seven new
12	12	sections in lieu thereof relating to the department of transportation.
13	13
14	14	Be it resolved by the Senate, the House of Representatives concurring therein:
15	15	That at the next general election to be held in the 1
16	16	state of Missouri, on Tuesday next following the first Monday 2
17	17	in November, 2026, or at a special election to be called by 3
18	18	the governor for that purpose, there is hereby submitted to 4
19	19	the qualified voters of this state , for adoption or 5
20	20	rejection, the following amendment to article IV of the 6
21	21	Constitution of the state of Missouri:7
22	22	Section A. Sections 29, 30(a), 30(b), 30(c), 31, and 32, 1
23	23	article IV, Constitution of Missouri, are repealed and seven 2
24	24	new sections adopted in lieu thereof, to be known as sections 3
25	25	29(a), 29(b), 30(a), 30(b), 30(c), 31, and 32, to read as 4
26	26	follows:5
27	27	[Section 29.] Section 29(a). [The highways and 1
28	28	transportation commission shall be in charge of the 2
29	29	department of transportation ] The director of the department 3
30	30	of transportation shall be appointed by the governor by and 4
31	31	with the advice and consent of the senate, and shall be in 5
32	32	charge of the department of transportation. The 6
33	33	qualifications of the director shall be fixed by law . The 7
34	34	governor shall also appoint a chief engineer by and with the 8 SJR 2 2
35	35	advice and consent of the senate. The qualifications of the 9
36	36	chief engineer shall be fixed by law. The highways and 10
37	37	transportation commission shall advise the governor 11
38	38	regarding transportation matters and the department of 12
39	39	transportation. The number, qualifications, compensation 13
40	40	and terms of the members of the highways and transportation 14
41	41	commission shall be fixed by law, and not more than one -half 15
42	42	of its members shall be of the s ame political party. The 16
43	43	selection and removal of all employees other than the 17
44	44	director shall be without regard to political affiliation. 18
45	45	[The highways and transportation commission (i) shall have 19
46	46	authority over the state highway system; (ii) shall h ave 20
47	47	authority over all other transportation programs and 21
48	48	facilities as provided by law, including, but not limited 22
49	49	to, aviation, railroads, mass transportation, ports, and 23
50	50	waterborne commerce; and (iii) shall have authority to limit 24
51	51	access to, from and across state highways and other 25
52	52	transportation facilities where the public interests and 26
53	53	safety may require. All references to the highway 27
54	54	commission and the department of highways in this 28
55	55	constitution and in the statutes shall mean the highways and 29
56	56	transportation commission and the department of 30
57	57	transportation.] 31
58	58	Section 29(b). The department of transportation (i) 1
59	59	shall have authority over the state highway system; (ii) 2
60	60	shall have authority over all other transportation progra ms 3
61	61	and facilities as provided by law, including, but not 4
62	62	limited to, aviation, railroads, mass transportation, ports, 5
63	63	and waterborne commerce; and (iii) shall have authority to 6
64	64	limit access to, from and across state highways and other 7
65	65	transportation facilities where the public interests and 8
66	66	safety may require. All references to the highway 9 SJR 2 3
67	67	commission and the department of highways in this 10
68	68	constitution and in the statutes shall mean the department 11
69	69	of transportation. 12
70	70	Section 30(a). 1. A tax upon or measured by fuel used 1
71	71	for propelling highway motor vehicles shall be levied and 2
72	72	collected as provided by law. Any amount of the tax 3
73	73	collected with respect to fuel not used for propelling 4
74	74	highway motor vehicles shall be refunded by the state in the 5
75	75	manner provided by law. The remaining net proceeds of the 6
76	76	tax, after deducting actual costs of collection of the 7
77	77	department of revenue (but after June 30, 2005, not more 8
78	78	than three percent of the amount collected) and refunds for 9
79	79	overpayments and erroneous payments of such tax as permitted 10
80	80	by law, shall be apportioned and distributed between the 11
81	81	counties, cities and the [state highways and transportation 12
82	82	commission] department of transportation as hereinafter 13
83	83	provided and shall s tand appropriated without legislative 14
84	84	action for the following purposes: 15
85	85	(1) Ten percent of the remaining net proceeds shall be 16
86	86	deposited in a special trust fund known as the "County Aid 17
87	87	Road Trust Fund". In addition, beginning July 1, 1994, an 18
88	88	additional five percent of the remaining net proceeds which 19
89	89	is derived from the difference between the amount received 20
90	90	from a tax rate equal to the tax rate in effect on March 31, 21
91	91	1992, and the tax rate in effect on and after July 1, 1994, 22
92	92	shall also be deposited in the county aid road trust fund, 23
93	93	and of such moneys generated by this additional five 24
94	94	percent, five percent shall be apportioned and distributed 25
95	95	solely to cities not within any county in this state. After 26
96	96	such distribution to cities not w ithin any county, the 27
97	97	remaining proceeds in the county aid road trust fund shall 28
98	98	be apportioned and distributed to the various counties of 29 SJR 2 4
99	99	the state on the following basis: One -half on the ratio that 30
100	100	the county road mileage of each county bears to the county 31
101	101	road mileage of the entire state as determined by the last 32
102	102	available report of the [state highways and transportation 33
103	103	commission] department of transportation and one-half on the 34
104	104	ratio that the rural land valuation of each county bears to 35
105	105	the rural land valuation of the entire state as determined 36
106	106	by the last available report of the state tax commission, 37
107	107	except that county road mileage in incorporated villages, 38
108	108	towns or cities and the land valuation in incorporated 39
109	109	villages, towns or cities s hall be excluded in such 40
110	110	determination, except that, if the assessed valuation of 41
111	111	rural lands in any county is less than five million dollars, 42
112	112	the county shall be treated as having an assessed valuation 43
113	113	of five million dollars. The funds apportioned a nd 44
114	114	distributed to each county shall be dedicated, used and 45
115	115	expended by the county solely for the construction, 46
116	116	reconstruction, maintenance and repairs of roads, bridges 47
117	117	and highways, and subject to such other provisions and 48
118	118	restrictions as provided by law. The moneys generated by 49
119	119	the additional five percent of the remaining net proceeds 50
120	120	which is derived from the difference between the amount 51
121	121	received from a tax rate equal to the tax rate in effect on 52
122	122	March 31, 1992, and the tax rate in effect on a nd after July 53
123	123	1, 1994, shall not be used or expended for equipment, 54
124	124	machinery, salaries, fringe benefits or capital 55
125	125	improvements, other than roads and bridges. In counties 56
126	126	having the township form of county organization, the funds 57
127	127	distributed to such counties shall be expended solely under 58
128	128	the control and supervision of the county commission, and 59
129	129	shall not be expended by the various townships located 60
130	130	within such counties. "Rural land" as used in this section 61 SJR 2 5
131	131	shall mean all land located within any county, except land 62
132	132	in incorporated villages, towns, or cities. 63
133	133	(2) Fifteen percent of the remaining net proceeds shall 64
134	134	be apportioned and distributed to the various incorporated 65
135	135	cities, towns and villages within the state solely for 66
136	136	construction, reconstruction, maintenance, repair, policing, 67
137	137	signing, lighting and cleaning roads and streets and for the 68
138	138	payment of principal and interest on indebtedness on account 69
139	139	of road and street purposes, and the use thereof being 70
140	140	subject to such other prov isions and restrictions as 71
141	141	provided by law. The amount apportioned and distributed to 72
142	142	each city, town or village shall be based on the ratio that 73
143	143	the population of the city, town or village bears to the 74
144	144	population of all incorporated cities, towns or villages in 75
145	145	the state having a like population, as shown by the last 76
146	146	federal decennial census, provided that any city, town or 77
147	147	village which had a motor fuel tax prior to the adoption of 78
148	148	this section shall annually receive not less than an amount 79
149	149	equal to the net revenue derived therefrom in the year 1960; 80
150	150	and 81
151	151	(3) All the remaining net proceeds in excess of the 82
152	152	distributions to counties, and to cities, towns and villages 83
153	153	under this section shall be apportioned, distributed and 84
154	154	deposited in the state road fund and shall be expended and 85
155	155	used solely as provided in subsection 1 of section 30(b) of 86
156	156	Article IV of this Constitution. 87
157	157	2. The director of revenue of the state shall make the 88
158	158	apportionment, distribution and deposit of the funds mon thly 89
159	159	in the manner required hereby. 90
160	160	3. Except for taxes or licenses which may be imposed 91
161	161	uniformly on all merchants or manufacturers based upon 92
162	162	sales, or which uniformly apply ad valorem to the stocks of 93 SJR 2 6
163	163	merchants or manufacturers, no political s ubdivision in this 94
164	164	state shall collect any tax, excise, license or fee upon, 95
165	165	measured by or with respect to the importation, receipt, 96
166	166	manufacture, storage, transportation, sale or use, on or 97
167	167	after the first day of the month next following the adoption 98
168	168	of this section of fuel used for propelling motor vehicles, 99
169	169	unless the tax, excise, license or fee is approved by a vote 100
170	170	of the people of any city, town or village subsequent to the 101
171	171	adoption of this section, by a two -thirds majority. All 102
172	172	funds collected shall be used solely for construction, 103
173	173	reconstruction, maintenance, repair, policing, signing, 104
174	174	lighting, and cleaning roads and streets and for the payment 105
175	175	and interest on indebtedness incurred on account of road and 106
176	176	street purposes. 107
177	177	4. The net proceeds of fuel taxes apportioned, 108
178	178	distributed and deposited under this section to the state 109
179	179	road fund, counties, cities, towns and villages shall not be 110
180	180	included within the definition of "total state revenues" in 111
181	181	section 17 of article X of this co nstitution nor be 112
182	182	considered as an "expense of state government" as that term 113
183	183	is used in section 20 of article X of this constitution. 114
184	184	Section 30(b). 1. For the purpose of constructing and 1
185	185	maintaining an adequate system of connected state highways 2
186	186	all state revenue derived from highway users as an incident 3
187	187	to their use or right to use the highways of the state, 4
188	188	including all state license fees and taxes upon motor 5
189	189	vehicles, trailers and motor vehicle fuels, and upon, with 6
190	190	respect to, or on the privilege of the manufacture, receipt, 7
191	191	storage, distribution, sale or use thereof (excepting those 8
192	192	portions of the sales tax on motor vehicles and trailers 9
193	193	which are not distributed to the state road fund pursuant to 10
194	194	subsection 2 of this section 30(b) and further excepting all 11 SJR 2 7
195	195	property taxes), less the (1) actual cost of collection of 12
196	196	the department of revenue (but not to exceed three percent 13
197	197	of the particular tax or fee collected), (2) actual cost of 14
198	198	refunds for overpayments and err oneous payments of such 15
199	199	taxes and fees and maintaining retirement programs as 16
200	200	permitted by law and (3) actual cost of the state highway 17
201	201	patrol in administering and enforcing any state motor 18
202	202	vehicle laws and traffic regulations, shall be deposited in 19
203	203	the state road fund which is hereby created within the state 20
204	204	treasury and stand appropriated without legislative action 21
205	205	to be used and expended by the [highways and transportation 22
206	206	commission] department of transportation for the following 23
207	207	purposes, and no other: 24
208	208	First, to the payment of the principal and 25
209	209	interest on any outstanding state road bonds. 26
210	210	The term state road bonds in this section 30(b) 27
211	211	means any bonds or refunding bonds issued by the 28
212	212	[highways and transportation commission ] 29
213	213	department of transportation to finance or 30
214	214	refinance the construction or reconstruction of 31
215	215	the state highway system. 32
216	216	Second, to maintain a balance in the state road 33
217	217	fund in the amount deemed necessary to meet the 34
218	218	payment of the principal and interest of any 35
219	219	state road bonds for the next succeeding twelve 36
220	220	months. 37
221	221	The remaining balance in the state road fund 38
222	222	shall be used and expended in the sole 39
223	223	discretion of and under the supervision and 40
224	224	direction of the [highways and transportation 41
225	225	commission] department of transportation for the 42 SJR 2 8
226	226	following state highway system uses and purposes 43
227	227	and no other: 44
228	228	(1) To complete and widen or otherwise improve and 45
229	229	maintain the state highway system heretofore designated and 46
230	230	laid out under existing laws; 47
231	231	(2) To reimburse the various counties and other 48
232	232	political subdivisions of the state, except incorporated 49
233	233	cities and towns, for money expended by them in the 50
234	234	construction or acquisition of roads and bridges now or 51
235	235	hereafter taken over by the [highways and transportatio n 52
236	236	commission] department of transportation as permanent parts 53
237	237	of the state highway system, to the extent of the value to 54
238	238	the state of such roads and bridges at the time taken over, 55
239	239	not exceeding in any case the amount expended by such 56
240	240	counties and subdivisions in the construction or acquisition 57
241	241	of such roads and bridges, except that the [highways and 58
242	242	transportation commission ] department may, in its 59
243	243	discretion, repay, or agree to repay, any cash advanced by a 60
244	244	county or subdivision to expedite state road construction or 61
245	245	improvement; 62
246	246	(3) In the discretion of the [commission] department to 63
247	247	plan, locate, relocate, establish, acquire, construct and 64
248	248	maintain the following: 65
249	249	(a) interstate and primary highways within the state; 66
250	250	(b) supplementary state highways and bridges in each 67
251	251	county of the state; 68
252	252	(c) state highways and bridges in, to and through state 69
253	253	parks, public areas and reservations, and state institutions 70
254	254	now or hereafter established to connect the same with the 71
255	255	state highways, and also national, state or local parkways, 72
256	256	travelways, tourways, with coordinated facilities; 73 SJR 2 9
257	257	(d) any tunnel or interstate bridge or part thereof, 74
258	258	where necessary to connect the state highways of this state 75
259	259	with those of other states; 76
260	260	(e) any highway within the state when necessary to 77
261	261	comply with any federal law or requirement which is or shall 78
262	262	become a condition to the receipt of federal funds; 79
263	263	(f) any highway in any city or town which is found 80
264	264	necessary as a continuation of an y state or federal highway, 81
265	265	or any connection therewith, into and through such city or 82
266	266	town; and 83
267	267	(g) additional state highways, bridges and tunnels, 84
268	268	either in congested traffic areas of the state or where 85
269	269	needed to facilitate and expedite the move ment of through 86
270	270	traffic. 87
271	271	(4) To acquire materials, equipment and buildings and 88
272	272	to employ such personnel as necessary for the purposes 89
273	273	described in this subsection 1; and 90
274	274	(5) For such other purposes and contingencies relating 91
275	275	and appertaining to the construction and maintenance of such 92
276	276	state highway system as the [highways and transportation 93
277	277	commission] department of transportation may deem necessary 94
278	278	and proper. 95
279	279	2. (1) The state sales tax upon the sale of motor 96
280	280	vehicles, trailers, mot orcycles, mopeds and motortricycles 97
281	281	at the rate provided by law on November 2, 2004, is levied 98
282	282	and imposed by this section until the rate is changed by law 99
283	283	or constitutional amendment. 100
284	284	(2) One-half of the proceeds from the state sales tax 101
285	285	on all motor vehicles, trailers, motorcycles, mopeds and 102
286	286	motortricycles shall be dedicated for highway and 103
287	287	transportation use and shall be apportioned and distributed 104
288	288	as follows: ten percent to the counties, fifteen percent to 105 SJR 2 10
289	289	the cities, two percent to be dep osited in the state 106
290	290	transportation fund, which is hereby created within the 107
291	291	state treasury to be used in a manner provided by law and 108
292	292	seventy-three percent to be deposited in the state road 109
293	293	fund. The amounts apportioned and distributed to the 110
294	294	counties and cities shall be further allocated and used as 111
295	295	provided in section 30(a) of this article. The amounts 112
296	296	allocated and distributed to the [highways and 113
297	297	transportation commission ] department of transportation for 114
298	298	the state road fund shall be used as provided in subsection 115
299	299	1 of this section 30(b). The sales taxes which are 116
300	300	apportioned and distributed pursuant to this subdivision (2) 117
301	301	shall not include those taxes levied and imposed pursuant to 118
302	302	sections 43(a) or 47(a) of this article. The term "proceeds 119
303	303	from the state sales tax" as used in this subdivision (2) 120
304	304	shall mean and include all revenues received by the 121
305	305	department of revenue from the said sales tax, reduced only 122
306	306	by refunds for overpayments and erroneous payments of such 123
307	307	tax as permitted by law and actual costs of collection by 124
308	308	the department of revenue (but not to exceed three percent 125
309	309	of the amount collected). 126
310	310	(3) (i) From and after July 1, 2005, through June 30, 127
311	311	2006, twenty-five percent of the remaining one -half of the 128
312	312	proceeds of the state sales tax on all motor vehicles, 129
313	313	trailers, motorcycles, mopeds and motortricycles which is 130
314	314	not distributed by subdivision (2) of subsection 2 of this 131
315	315	section 30(b) shall be deposited in the state road bond fund 132
316	316	which is hereby created wi thin the state treasury; (ii) from 133
317	317	and after July 1, 2006, through June 30, 2007, fifty percent 134
318	318	of the aforesaid one -half of the proceeds of the state sales 135
319	319	tax on all motor vehicles, trailers, motorcycles, mopeds and 136
320	320	motortricycles which is not distri buted by subdivision (2) 137 SJR 2 11
321	321	of subsection 2 of this section 30(b) shall be deposited in 138
322	322	the state road bond fund; (iii) from and after July 1, 2007, 139
323	323	through June 30, 2008, seventy -five percent of the aforesaid 140
324	324	one-half of the proceeds of the state sales t ax on all motor 141
325	325	vehicles, trailers, motorcycles, mopeds and motortricycles 142
326	326	which is not distributed by subdivision (2) of subsection 2 143
327	327	of this section 30(b) shall be deposited in the state road 144
328	328	bond fund; and (iv) from and after July 1, 2008, one hundr ed 145
329	329	percent of the aforesaid one -half of the proceeds of the 146
330	330	state sales tax on all motor vehicles, trailers, 147
331	331	motorcycles, mopeds and motortricycles which is not 148
332	332	distributed by subdivision (2) of subsection 2 of this 149
333	333	section 30(b) shall be deposited in the state road bond 150
334	334	fund. Moneys deposited in the state road bond fund are 151
335	335	hereby dedicated to and shall only be used to fund the 152
336	336	repayment of bonds issued by the [highways and 153
337	337	transportation commission ] department of transportation to 154
338	338	fund the construction and reconstruction of the state 155
339	339	highway system or to fund refunding bonds, except that after 156
340	340	January 1, 2009, that portion of the moneys in the state 157
341	341	road bond fund which the commissioner of administration and 158
342	342	the [highways and transportation commission] director of the 159
343	343	department of transportation each certify is not needed to 160
344	344	make payments upon said bonds or to maintain an adequate 161
345	345	reserve for making future payments upon said bonds may be 162
346	346	appropriated to the state road fund. The [highways and 163
347	347	transportation commission ] department of transportation 164
348	348	shall have authority to issue state road bonds for the uses 165
349	349	set forth in this subdivision (3). The net proceeds 166
350	350	received from the issuance of such bonds shall be paid into 167
351	351	the state road fund and shall only be used to fund 168
352	352	construction or reconstruction of specific projects for 169 SJR 2 12
353	353	parts of the state highway system as determined by the 170
354	354	[highways and transportation commission ] department of 171
355	355	transportation. The moneys deposited in the state road bond 172
356	356	fund shall only be withdrawn by appropriation pursuant to 173
357	357	this constitution. No obligation for the payment of moneys 174
358	358	so appropriated shall be paid unless the commissioner of 175
359	359	administration certifies it for payment and further 176
360	360	certifies that the expenditure is for a use which is 177
361	361	specifically authorized by the provisions of this 178
362	362	subdivision (3). The proceeds of the sales tax which are 179
363	363	subject to allocation and deposit into the state road bond 180
364	364	fund pursuant to this subdivision (3) shall no t include the 181
365	365	proceeds of the sales tax levied and imposed pursuant to 182
366	366	sections 43(a) or 47(a) of this article nor shall they 183
367	367	include the proceeds of that portion of the sales tax 184
368	368	apportioned, distributed and dedicated to the school 185
369	369	district trust fund on November 2, 2004. The term "proceeds 186
370	370	from the state sales tax" as used in this subdivision (3) 187
371	371	shall mean and include all revenues received by the 188
372	372	department of revenue from the said sales tax, reduced only 189
373	373	by refunds for overpayments and erroneo us payments of such 190
374	374	tax as permitted by law and actual costs of collection by 191
375	375	the department of revenue (but not to exceed three percent 192
376	376	of the amount collected). 193
377	377	3. After January 1, 1980, any increase in state 194
378	378	license fees and taxes on motor veh icles, trailers, 195
379	379	motorcycles, mopeds and motortricycles other than those 196
380	380	taxes distributed pursuant to subsection 2 of this section 197
381	381	30(b) shall be distributed as follows: ten percent to the 198
382	382	counties, fifteen percent to the cities and seventy -five 199
383	383	percent to be deposited in the state road fund. The amounts 200
384	384	distributed shall be apportioned and distributed to the 201 SJR 2 13
385	385	counties and cities as provided in section 30(a) of this 202
386	386	article, to be used for highway purposes. 203
387	387	4. The moneys apportioned or distri buted under this 204
388	388	section to the state road fund, the state transportation 205
389	389	fund, the state road bond fund, counties, cities, towns or 206
390	390	villages shall not be included within the definition of 207
391	391	"total state revenues" as that term is used in section 17 of 208
392	392	Article X of this constitution nor be considered as an 209
393	393	"expense of state government" as that term is used in 210
394	394	section 20 of article X of this constitution. 211
395	395	Section 30(c). The [highways and transportation 1
396	396	commission] department of transportation shall have 2
397	397	authority to plan, locate, relocate, establish, acquire, 3
398	398	construct, maintain, control, and as provided by law to 4
399	399	operate, develop and fund public transportation facilities 5
400	400	as part of any state transportation system or program such 6
401	401	as but not limited to aviation, mass transportation, 7
402	402	transportation of elderly and handicapped, railroads, ports, 8
403	403	waterborne commerce and intermodal connections, provided 9
404	404	that funds other than those designated or dedicated for 10
405	405	highway purposes in or d eposited in the state road fund or 11
406	406	the state road bond fund pursuant to sections 30(a) or 30(b) 12
407	407	of this constitution are made available for such purposes. 13
408	408	No moneys which are distributed to the state transportation 14
409	409	fund pursuant to section 30(b) shall be used for any purpose 15
410	410	other than for transportation purposes as provided in this 16
411	411	section. 17
412	412	Section 31. Any state highway authorized herein to be 1
413	413	located in any municipality may be constructed without 2
414	414	limitations concerning the dis tance between houses or other 3
415	415	buildings abutting such highway or concerning the width or 4
416	416	type of construction. The [commission] department of 5 SJR 2 14
417	417	transportation may enter into contracts with cities, 6
418	418	counties or other political subdivisions for and concern ing 7
419	419	the maintenance of, and regulation of traffic on any state 8
420	420	highway within such cities, counties or subdivision. 9
421	421	Section 32. The funds which are allotted by the 1
422	422	[commission] department of transportation to the 2
423	423	construction or acquisition of supplementary state highways 3
424	424	and bridges in each of the counties of the state shall be 4
425	425	apportioned to the several counties as follows: One-fourth 5
426	426	in the ratio that the area of each county bears to the area 6
427	427	of the state, one-fourth in the ratio of the population, and 7
428	428	two-fourths on such basis as the [commission] department of 8
429	429	transportation may deem to be for the best interest of 9
430	430	highway users; provided the areas and population of cities 10
431	431	having a population of 150,000 or more shall not b e 11
432	432	considered in making such apportionment, and the latest 12
433	433	available United States decennial census shall be used; 13
434	434	provided further, that if traffic on any supplementary state 14
435	435	highway becomes such that a higher type than ordinary 15
436	436	supplementary highway construction shall be required, then 16
437	437	the [commission] department of transportation may construct 17
438	438	such higher type and charge such extra cost to unallotted 18
439	439	state highway funds. Supplementary state highways shall be 19
440	440	selected by mutual agreement of the [commission] department 20
441	441	of transportation and the local officials having charge of 21
442	442	or jurisdiction over roads in the territory through which 22
443	443	such supplementary state highways are to be constructed. 23
444	444	