SJR 16 Imposes a temporary one cent sales and use tax for transportation purposes
Sponsor: Kehoe Co-Sponsor(s)
LR Number: 1261H.09C Fiscal Note available
Committee: Transportation and Infrastructure
Last Action: 5/17/2013 - S Calendar S Bills with H Amendments--SS#2 for SCS for SJR 16-Kehoe, with HCS, as amended Journal Page:
Title: HCS SS#2 SCS SJR 16 Calendar Position:
Effective Date: Upon voter approval
House Handler: Hinson

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Current Bill Summary


HCS/SS#2/SCS/SJR 16 - This constitutional proposal, if approved by the Missouri voters, would raise the state sales and use tax by one percent for a period of ten years. The proceeds from the additional sales and use tax are to be used for transportation purposes. The temporary sales and use tax measure must be resubmitted to the voters every 10 years until such measure is defeated.

Five percent of the sales and use tax proceeds shall be deposited into the County Aid Transportation Fund, which is created by the resolution. Moneys in the newly created fund shall be distributed to the various Missouri counties in a manner similar to how motor fuel tax proceeds are distributed to counties. The sales and use tax proceeds distributed to the counties may be used for local highways and bridges, state highway system purposes, or for county transportation system purposes (multimodal).

In a similar manner, five percent of the sales and use tax proceeds shall be deposited into the Municipal Aid Transportation Fund, which is created by the resolution. Moneys in the newly created fund shall be distributed to the various Missouri cities, towns and villages in a manner similar to how motor fuel tax proceeds are distributed to such political subdivisions. The sales and use tax proceeds distributed to the cities, towns, and villages may be used for local roads and streets, state highway system purposes and uses, or for city transportation system purposes (multimodal).

The remaining sales and use tax proceeds (90%) shall be deposited into a newly created trust fund known as the "Transportation Safety and Job Creation Fund". Moneys in the Transportation Safety and Job Creation Fund may be expended by the commission for state highway system purposes or for state transportation system purposes and uses (multimodal).

The resolution requires the one percent sales and use tax to expire in 10 years unless the sales and use tax is renewed by the voters. If the decennial sales and use tax measure is ever disapproved by the Missouri voters, the sales and use tax will terminate at the end of the year following such election.

Unless approved by the voters, the General Assembly, counties, and municipalities are prohibited from increasing or decreasing the motor fuel tax from the rate of the tax authorized by law on January 1, 2013, while the sales and use tax is in effect.

Unless approved by the voters, the commission shall not authorize, own, or operate a toll highway or toll bridge on a state highway or bridge that is in existence January 1, 2013, while the sales and use tax is in effect. A similar provision applies to counties and municipalities. Unless approved by the applicable local voters, counties and municipalities are prohibited from tolling existing highways or bridges under their jurisdiction during the duration of the sales and use tax.

The act requires, prior to any election to which the sales and use tax proposal is submitted to the voters, the commission to approve its list of projects, programs, and facilities on the state highway system and state transportation system that will be funded from the additional sales and use tax proceeds.

Starting in the 1st calendar year following voter approval of the resolution, the commission shall annually submit a report to the Governor, General Assembly and the Joint Committee on Transportation Oversight that shall include the status of the approved list of projects, programs and facilities on the state highway system and state transportation system.

The Joint Committee on Transportation Oversight shall determine from the annual report filed in the 5th calendar year following voter approval of the resolution whether any project, program, or facility on the commission's approved list has not yet been included in the commission's statewide transportation improvement program. After receiving such report and before March one of the 6th calendar year following voter approval of the constitutional resolution, the joint committee by a 2/3 majority vote of its members may recommend to the General Assembly suspension of appropriations from the Transportation Safety and Job Creation Fund in an amount that is equivalent to the amount of funds necessary for each specific project, program, or facility that was not included. To preserve the credit rating of state road bonds, including refunding bonds, that have been issued or may be issued by the commission, no suspension of appropriations shall be authorized on funds determined by the commission to be necessary: to pay the principal and interest on any such bonds; to establish or maintain reserves for the benefit of such bonds; or to fulfill or satisfy other covenants or agreements related to such bonds.

Under the resolution, the General Assembly may approve the recommendation of the joint committee by enactment of a concurrent resolution. Such resolution may be introduced in either legislative chamber no later than 14 calendar days after receipt of the joint committee's recommendation. The resolution shall not be subject to amendment by either chamber and may only be approved in its entirety. The presiding officer of each legislative chamber in which a concurrent resolution has been introduced, shall submit it to a vote of the membership not sooner than 7 calendar days nor later than 14 calendar days after introduction of the concurrent resolution. The presiding officer of the chamber passing a concurrent resolution shall immediately forward the resolution to the other chamber and the presiding officer of that chamber shall submit it to a vote of the membership not sooner than 7 calendar days or later than 14 calendar days of its receipt from the other legislative chamber.

Any suspension of the appropriations from the Transportation Safety and Job Creation Fund for a specific project, program, or facility shall be null and void when the commission amends its statewide transportation improvement program to include such project, program and facility identified in the joint committee's recommendation.

The resolution contains a ballot summary and a fiscal summary.

STEPHEN WITTE