Transfers authority over the state highway system to the Department of Transportation

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE JOINT RESOLUTION NO. 106
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
5932S.01I KRISTINA MARTIN, Secretary
JOINT RESOLUTION
Submitting to the qualified voters of Missouri, an amendment repealing sections 29, 30(a), 30(b),
30(c), 31, and 32 of article IV of the Constitution of Missouri, and adopting six new
sections in lieu thereof relating to the department of transportation.
Be it resolved by the Senate, the House of Representatives concurring therein:
That at the next general election to be held in the 1
state of Missouri, on Tuesday next following the first Monday 2
in November, 2026, or at a special election to be called by 3
the governor for that purpose, there is hereby submitted to 4
the qualified voters of this state, for adoption or 5
rejection, the following amendment to article IV of the 6
Constitution of the state of Missouri:7
Section A. Sections 29, 30(a), 30(b), 30(c), 31, and 32, 1
article IV, Constitution of Missouri, are repealed and six new 2
sections adopted in lieu thereof, to be known as sections 29, 3
30(a), 30(b), 30(c), 31, and 32, to read as follows:4
Section 29. [The highways and transportation 1
commission shall be in charge of the department of 2
transportation. The number, qualifications, compensation 3
and terms of the members of the highways and transportation 4
commission shall be fixed by law, and not more than one-half 5
of its members shall be of the same political party. The 6
selection and removal of all employees shall be without 7
regard to political affiliation. The highways and 8
transportation commission (i) shall have authority over the 9
SJR 106 2
state highway system; (ii) shall have authority over all 10
other transportation programs and facilities as provided by 11
law, including, but not limited to, aviation, railroads, 12
mass transportation, ports, and waterborne commerce; and 13
(iii) shall have authority to limit access to, from and 14
across state highways and other transportation facilities 15
where the public interests and safety may require. All 16
references to the highway commission and the department of 17
highways in this constitution and in the statutes shall mean 18
the highways and transportation commission and the 19
department of transportation.] 1. The department of 20
transportation shall be in charge of a director appointed by 21
the governor with the advice and consent of the senate. 22
2. The department of transportation shall have 23
authority over the state highway system and all other 24
transportation programs and facilities as provided by law, 25
including, but not limited to, aviation, railroads, mass 26
transportation, ports, and waterborne commerce. The 27
department of transportation shall also have authority to 28
limit access to, from, and across state highways and other 29
transportation facilities where the public interests and 30
safety may require. 31
3. The general assembly may provide by law for a 32
highways and transportation commission, which shall be an 33
advisory body within the department of transportation. The 34
duties of the highways and transportation commission, and 35
the number, qualifications, compensation, and terms of the 36
members of the highways and transportation commission may be 37
fixed by law by the general assembly, provided that not more 38
than one-half of its members shall be of the same political 39
party. Notwithstanding the provisions of this subsection to 40
SJR 106 3
the contrary, the general assembly may at any time abolish 41
the highways and transportation commission by general law. 42
4. Any duties or powers given to the highways and 43
transportation commission as of the effective date of this 44
section shall be transferred to the department of 45
transportation, unless otherwise provided for by general law. 46
Section 30(a). 1. A tax upon or measured by fuel used 1
for propelling highway motor vehicles shall be levied and 2
collected as provided by law. Any amount of the tax 3
collected with respect to fuel not used for propelling 4
highway motor vehicles shall be refunded by the state in the 5
manner provided by law. The remaining net proceeds of the 6
tax, after deducting actual costs of collection of the 7
department of revenue (but after June 30, 2005, not more 8
than three percent of the amount collected) and refunds for 9
overpayments and erroneous payments of such tax as permitted 10
by law, shall be apportioned and distributed between the 11
counties, cities and the [state highways and transportation 12
commission as hereinafter provided and shall stand 13
appropriated without legislative action] department of 14
transportation for the following purposes: 15
(1) Ten percent of the remaining net proceeds shall 16
stand appropriated and shall be deposited in a special trust 17
fund known as the "County Aid Road Trust Fund". In 18
addition, beginning July 1, 1994, an additional five percent 19
of the remaining net proceeds which is derived from the 20
difference between the amount received from a tax rate equal 21
to the tax rate in effect on March 31, 1992, and the tax 22
rate in effect on and after July 1, 1994, shall also be 23
deposited in the county aid road trust fund, and of such 24
moneys generated by this additional five percent, five 25
percent shall be apportioned and distributed solely to 26
SJR 106 4
cities not within any county in this state. After such 27
distribution to cities not within any county, the remaining 28
proceeds in the county aid road trust fund shall be 29
apportioned and distributed to the various counties of the 30
state on the following basis: One-half on the ratio that the 31
county road mileage of each county bears to the county road 32
mileage of the entire state as determined by the last 33
available report of the state highways and transportation 34
commission and one-half on the ratio that the rural land 35
valuation of each county bears to the rural land valuation 36
of the entire state as determined by the last available 37
report of the state tax commission, except that county road 38
mileage in incorporated villages, towns or cities and the 39
land valuation in incorporated villages, towns or cities 40
shall be excluded in such determination, except that, if the 41
assessed valuation of rural lands in any county is less than 42
five million dollars, the county shall be treated as having 43
an assessed valuation of five million dollars. The funds 44
apportioned and distributed to each county shall be 45
dedicated, used, and expended by the county solely for the 46
construction, reconstruction, maintenance, and repairs of 47
roads, bridges and highways, and subject to such other 48
provisions and restrictions as provided by law. The moneys 49
generated by the additional five percent of the remaining 50
net proceeds which is derived from the difference between 51
the amount received from a tax rate equal to the tax rate in 52
effect on March 31, 1992, and the tax rate in effect on and 53
after July 1, 1994, shall not be used or expended for 54
equipment, machinery, salaries, fringe benefits, or capital 55
improvements, other than roads and bridges. In counties 56
having the township form of county organization, the funds 57
distributed to such counties shall be expended solely under 58
SJR 106 5
the control and supervision of the county commission, and 59
shall not be expended by the various townships located 60
within such counties. "Rural land" as used in this section 61
shall mean all land located within any county, except land 62
in incorporated villages, towns, or cities. 63
(2) Fifteen percent of the remaining net proceeds shall 64
stand appropriated and shall be apportioned and distributed 65
to the various incorporated cities, towns and villages 66
within the state solely for construction, reconstruction, 67
maintenance, repair, policing, signing, lighting and 68
cleaning roads and streets and for the payment of principal 69
and interest on indebtedness on account of road and street 70
purposes, and the use thereof being subject to such other 71
provisions and restrictions as provided by law. The amount 72
apportioned and distributed to each city, town or village 73
shall be based on the ratio that the population of the city, 74
town or village bears to the population of all incorporated 75
cities, towns or villages in the state having a like 76
population, as shown by the last federal decennial census, 77
provided that any city, town or village which had a motor 78
fuel tax prior to the adoption of this section shall 79
annually receive not less than an amount equal to the net 80
revenue derived therefrom in the year 1960; and 81
(3) All the remaining net proceeds in excess of the 82
distributions to counties, and to cities, towns and villages 83
under this section shall be appropriated by the general 84
assembly and shall be [apportioned, distributed and 85
deposited in the state road fund and shall be] expended and 86
used solely as provided in subsection 1 of section 30(b) of 87
Article IV of this Constitution. 88
2. The director of revenue of the state shall make the 89
apportionment, distribution and deposit of the funds monthly 90
SJR 106 6
in the manner required [hereby] under subdivisions (1) and 91
(2) of subsection 1 of this section. 92
3. Except for taxes or licenses which may be imposed 93
uniformly on all merchants or manufacturers based upon 94
sales, or which uniformly apply ad valorem to the stocks of 95
merchants or manufacturers, no political subdivision in this 96
state shall collect any tax, excise, license or fee upon, 97
measured by or with respect to the importation, receipt, 98
manufacture, storage, transportation, sale or use, on or 99
after the first day of the month next following the adoption 100
of this section of fuel used for propelling motor vehicles, 101
unless the tax, excise, license or fee is approved by a vote 102
of the people of any city, town or village subsequent to the 103
adoption of this section, by a two-thirds majority. All 104
funds collected shall be used solely for construction, 105
reconstruction, maintenance, repair, policing, signing, 106
lighting, and cleaning roads and streets and for the payment 107
and interest on indebtedness incurred on account of road and 108
street purposes. 109
4. The net proceeds of fuel taxes apportioned, 110
distributed and deposited under this section to the state 111
road fund, counties, cities, towns and villages shall not be 112
included within the definition of "total state revenues" in 113
section 17 of article X of this constitution nor be 114
considered as an "expense of state government" as that term 115
is used in section 20 of article X of this constitution. 116
Section 30(b). 1. For the purpose of constructing and 1
maintaining an adequate system of connected state highways 2
all state revenue derived from highway users as an incident 3
to their use or right to use the highways of the state, 4
including all state license fees and taxes upon motor 5
vehicles, trailers and motor vehicle fuels, and upon, with 6
SJR 106 7
respect to, or on the privilege of the manufacture, receipt, 7
storage, distribution, sale or use thereof (excepting those 8
portions of the sales tax on motor vehicles and trailers 9
which are not distributed to the state road fund pursuant to 10
subsection 2 of this section 30(b) and further excepting all 11
property taxes), less the (1) actual cost of collection of 12
the department of revenue (but not to exceed three percent 13
of the particular tax or fee collected), (2) actual cost of 14
refunds for overpayments and erroneous payments of such 15
taxes and fees and maintaining retirement programs as 16
permitted by law and (3) actual cost of the state highway 17
patrol in administering and enforcing any state motor 18
vehicle laws and traffic regulations, shall be deposited in 19
the state road fund which is hereby created within the state 20
treasury and [stand appropriated without legislative action 21
to be used and] expended by the [highways and transportation 22
commission] department of transportation for the following 23
purposes, and no other: 24
First, to the payment of the principal and 25
interest on any outstanding state road bonds. 26
The term state road bonds in this section 30(b) 27
means any bonds or refunding bonds issued by the 28
[highways and transportation commission] 29
department of transportation to finance or 30
refinance the construction or reconstruction of 31
the state highway system. 32
Second, to maintain a balance in the state road 33
fund in the amount deemed necessary to meet the 34
payment of the principal and interest of any 35
state road bonds for the next succeeding twelve 36
months. 37
SJR 106 8
The remaining balance in the state road fund 38
shall be used and expended in the sole 39
discretion of and under the supervision and 40
direction of the [highways and transportation 41
commission] department of transportation for the 42
following state highway system uses and purposes 43
and no other: 44
(1) To complete and widen or otherwise improve and 45
maintain the state highway system heretofore designated and 46
laid out under existing laws; 47
(2) To reimburse the various counties and other 48
political subdivisions of the state, except incorporated 49
cities and towns, for money expended by them in the 50
construction or acquisition of roads and bridges now or 51
hereafter taken over by the [highways and transportation 52
commission] department of transportation as permanent parts 53
of the state highway system, to the extent of the value to 54
the state of such roads and bridges at the time taken over, 55
not exceeding in any case the amount expended by such 56
counties and subdivisions in the construction or acquisition 57
of such roads and bridges, except that the [highways and 58
transportation commission] department of transportation may, 59
in its discretion, repay, or agree to repay, any cash 60
advanced by a county or subdivision to expedite state road 61
construction or improvement; 62
(3) In the discretion of the [commission] department to 63
plan, locate, relocate, establish, acquire, construct and 64
maintain the following: 65
(a) interstate and primary highways within the state; 66
(b) supplementary state highways and bridges in each 67
county of the state; 68
SJR 106 9
(c) state highways and bridges in, to and through state 69
parks, public areas and reservations, and state institutions 70
now or hereafter established to connect the same with the 71
state highways, and also national, state or local parkways, 72
travelways, tourways, with coordinated facilities; 73
(d) any tunnel or interstate bridge or part thereof, 74
where necessary to connect the state highways of this state 75
with those of other states; 76
(e) any highway within the state when necessary to 77
comply with any federal law or requirement which is or shall 78
become a condition to the receipt of federal funds; 79
(f) any highway in any city or town which is found 80
necessary as a continuation of any state or federal highway, 81
or any connection therewith, into and through such city or 82
town; and 83
(g) additional state highways, bridges and tunnels, 84
either in congested traffic areas of the state or where 85
needed to facilitate and expedite the movement of through 86
traffic. 87
(4) To acquire materials, equipment and buildings and 88
to employ such personnel as necessary for the purposes 89
described in this subsection 1; and 90
(5) For such other purposes and contingencies relating 91
and appertaining to the construction and maintenance of such 92
state highway system as the [highways and transportation 93
commission] department of transportation may deem necessary 94
and proper. 95
2. (1) The state sales tax upon the sale of motor 96
vehicles, trailers, motorcycles, mopeds and motortricycles 97
at the rate provided by law on November 2, 2004, is levied 98
and imposed by this section until the rate is changed by law 99
or constitutional amendment. 100
SJR 106 10
(2) One-half of the proceeds from the state sales tax 101
on all motor vehicles, trailers, motorcycles, mopeds and 102
motortricycles shall be dedicated for highway and 103
transportation use and shall be apportioned and distributed 104
as follows: ten percent to the counties, fifteen percent to 105
the cities, two percent to be deposited in the state 106
transportation fund, which is hereby created within the 107
state treasury to be used in a manner provided by law and 108
seventy-three percent to be deposited in the state road 109
fund. The amounts apportioned and distributed to the 110
counties and cities shall be further allocated and used as 111
provided in section 30(a) of this article. The amounts 112
allocated and distributed to the [highways and 113
transportation commission] department of transportation for 114
the state road fund shall be used as provided in subsection 115
1 of this section 30(b). The sales taxes which are 116
apportioned and distributed pursuant to this subdivision (2) 117
shall not include those taxes levied and imposed pursuant to 118
sections 43(a) or 47(a) of this article. The term "proceeds 119
from the state sales tax" as used in this subdivision (2) 120
shall mean and include all revenues received by the 121
department of revenue from the said sales tax, reduced only 122
by refunds for overpayments and erroneous payments of such 123
tax as permitted by law and actual costs of collection by 124
the department of revenue (but not to exceed three percent 125
of the amount collected). 126
(3) (i) From and after July 1, 2005, through June 30, 127
2006, twenty-five percent of the remaining one-half of the 128
proceeds of the state sales tax on all motor vehicles, 129
trailers, motorcycles, mopeds and motortricycles which is 130
not distributed by subdivision (2) of subsection 2 of this 131
section 30(b) shall be deposited in the state road bond fund 132
SJR 106 11
which is hereby created within the state treasury; (ii) from 133
and after July 1, 2006, through June 30, 2007, fifty percent 134
of the aforesaid one-half of the proceeds of the state sales 135
tax on all motor vehicles, trailers, motorcycles, mopeds and 136
motortricycles which is not distributed by subdivision (2) 137
of subsection 2 of this section 30(b) shall be deposited in 138
the state road bond fund; (iii) from and after July 1, 2007, 139
through June 30, 2008, seventy-five percent of the aforesaid 140
one-half of the proceeds of the state sales tax on all motor 141
vehicles, trailers, motorcycles, mopeds and motortricycles 142
which is not distributed by subdivision (2) of subsection 2 143
of this section 30(b) shall be deposited in the state road 144
bond fund; and (iv) from and after July 1, 2008, one hundred 145
percent of the aforesaid one-half of the proceeds of the 146
state sales tax on all motor vehicles, trailers, 147
motorcycles, mopeds and motortricycles which is not 148
distributed by subdivision (2) of subsection 2 of this 149
section 30(b) shall be deposited in the state road bond 150
fund. Moneys deposited in the state road bond fund are 151
hereby dedicated to and shall only be used to fund the 152
repayment of bonds issued by the [highways and 153
transportation commission] department of transportation to 154
fund the construction and reconstruction of the state 155
highway system or to fund refunding bonds, except that after 156
January 1, 2009, that portion of the moneys in the state 157
road bond fund which the commissioner of administration and 158
the [highways and transportation commission] department of 159
transportation each certify is not needed to make payments 160
upon said bonds or to maintain an adequate reserve for 161
making future payments upon said bonds may be appropriated 162
to the state road fund. The [highways and transportation 163
commission] department of transportation shall have 164
SJR 106 12
authority to issue state road bonds for the uses set forth 165
in this subdivision (3). The net proceeds received from the 166
issuance of such bonds shall be paid into the state road 167
fund and shall only be used to fund construction or 168
reconstruction of specific projects for parts of the state 169
highway system as determined by the [highways and 170
transportation commission] department of transportation. 171
The moneys deposited in the state road bond fund shall only 172
be withdrawn by appropriation pursuant to this 173
constitution. No obligation for the payment of moneys so 174
appropriated shall be paid unless the commissioner of 175
administration certifies it for payment and further 176
certifies that the expenditure is for a use which is 177
specifically authorized by the provisions of this 178
subdivision (3). The proceeds of the sales tax which are 179
subject to allocation and deposit into the state road bond 180
fund pursuant to this subdivision (3) shall not include the 181
proceeds of the sales tax levied and imposed pursuant to 182
sections 43(a) or 47(a) of this article nor shall they 183
include the proceeds of that portion of the sales tax 184
apportioned, distributed and dedicated to the school 185
district trust fund on November 2, 2004. The term "proceeds 186
from the state sales tax" as used in this subdivision (3) 187
shall mean and include all revenues received by the 188
department of revenue from the said sales tax, reduced only 189
by refunds for overpayments and erroneous payments of such 190
tax as permitted by law and actual costs of collection by 191
the department of revenue (but not to exceed three percent 192
of the amount collected). 193
3. After January 1, 1980, any increase in state 194
license fees and taxes on motor vehicles, trailers, 195
motorcycles, mopeds and motortricycles other than those 196
SJR 106 13
taxes distributed pursuant to subsection 2 of this section 197
30(b) shall be distributed as follows: ten percent to the 198
counties, fifteen percent to the cities and seventy-five 199
percent to be deposited in the state road fund. The amounts 200
distributed shall be apportioned and distributed to the 201
counties and cities as provided in section 30(a) of this 202
article, to be used for highway purposes. 203
4. The moneys apportioned or distributed under this 204
section to the state road fund, the state transportation 205
fund, the state road bond fund, counties, cities, towns or 206
villages shall not be included within the definition of 207
"total state revenues" as that term is used in section 17 of 208
Article X of this constitution nor be considered as an 209
"expense of state government" as that term is used in 210
section 20 of article X of this constitution. 211
Section 30(c). The [highways and transportation 1
commission] department of transportation shall have 2
authority to plan, locate, relocate, establish, acquire, 3
construct, maintain, control, and as provided by law to 4
operate, develop and fund public transportation facilities 5
as part of any state transportation system or program such 6
as but not limited to aviation, mass transportation, 7
transportation of elderly and handicapped, railroads, ports, 8
waterborne commerce and intermodal connections, provided 9
that funds other than those designated or dedicated for 10
highway purposes in or deposited in the state road fund or 11
the state road bond fund pursuant to sections 30(a) or 30(b) 12
of this constitution are made available for such purposes. 13
No moneys which are distributed to the state transportation 14
fund pursuant to section 30(b) shall be used for any purpose 15
other than for transportation purposes as provided in this 16
section. 17
SJR 106 14
Section 31. Any state highway authorized herein to be 1
located in any municipality may be constructed without 2
limitations concerning the distance between houses or other 3
buildings abutting such highway or concerning the width or 4
type of construction. The [commission] department may enter 5
into contracts with cities, counties or other political 6
subdivisions for and concerning the maintenance of, and 7
regulation of traffic on any state highway within such 8
cities, counties or subdivision. 9
Section 32. The funds which are allotted by the 1
[commission] department to the construction or acquisition 2
of supplementary state highways and bridges in each of the 3
counties of the state shall be apportioned to the several 4
counties as follows: One-fourth in the ratio that the area 5
of each county bears to the area of the state, one-fourth in 6
the ratio of the population, and two-fourths on such basis 7
as the [commission] department may deem to be for the best 8
interest of highway users; provided the areas and population 9
of cities having a population of 150,000 or more shall not 10
be considered in making such apportionment, and the latest 11
available United States decennial census shall be used; 12
provided further, that if traffic on any supplementary state 13
highway becomes such that a higher type than ordinary 14
supplementary highway construction shall be required, then 15
the [commission] department may construct such higher type 16
and charge such extra cost to unallotted state highway 17
funds. Supplementary state highways shall be selected by 18
mutual agreement of the [commission] department and the 19
local officials having charge of or jurisdiction over roads 20
in the territory through which such supplementary state 21
highways are to be constructed. 22
✓