SB 958 - This act authorizes the state Highways and Transportation Commission to construct, maintain and operate toll facilities on the state highway system.

TOLL FACILITY REVENUE BONDS - The Commission is authorized to issue state toll facility revenue bonds to finance toll facility projects. Such bonds may be issued without the consent of the General Assembly. Bonds issued for toll facility projects shall not be deemed to constitute a debt or liability of the state and shall be payable solely from the state toll facility fund. Toll facility bonds shall be exempt from taxation.

FAILURE TO PAY TOLL - Persons or entities which fail to pay tolls or other fees shall be guilty of an infraction punishable by a fine not to exceed $200. The Commission may enforce the payment of tolls by using automated enforcement technology, including automatic vehicle license plate identification photography and video surveillance. The use of such automated enforcement technology may be used only for the purpose of recording the image of the nonpaying motorist's license plate. Photo monitoring system evidence which shows that a motorist has failed to pay a toll shall raise a rebuttable presumption that the motor vehicle was used in violation of the law. A collection fee, not to exceed $100, may be charged to recover the cost of collecting an unpaid toll. The act allows a court to install a device on the nonpaying motor vehicle that prohibits its movement. The nonpaying motorist may also have his or her motor vehicle registration voided until the toll and all fines are paid.

TOLL FACILITY PROJECTS - Prior to the commencement of any toll facility project, the Commission shall obtain a study of the proposed toll facility project by a qualified independent consultant. If the Commission determines, based upon the study, that the toll facility project is in the best interest of the state, the Commission shall then be required to obtain approval of the toll facility project by the General Assembly.

SPECIFIC TOLL FACILITY PROJECTS - The General Assembly authorizes the following toll facility projects:

(1) Interstate 70;

(2) A new bridge spanning the boundaries of Missouri and Illinois in St. Louis; existing bridges in that area may also be tolled;

(3) The portion of Highway 71 in McDonald County;

(4) The Paseo Bridge located in Kansas City; and

(5) Interstate 44.

The Commission is authorized to construct these toll facility projects with the design-build project delivery system.

COLLECTION OF TOLLS - The Commission may use any method for imposing and collecting tolls, including toll tickets, barrier toll facilities, billing accounts, commuter passes and electronic recording or identification devices.

STATE TOLL FACILITY FUND - The act establishes within the state treasury the "State Toll Facility Fund" which shall stand appropriated without any legislative action. All tolls, fees, state toll facility revenue bond proceeds, and other charges imposed for using toll facilities shall be deposited in the fund. The fund shall be used to pay:

(1) The costs of issuing state toll facility revenue bonds and refunding bonds, the costs of feasibility studies and the costs for constructing toll facilities;

(2) The cost of collecting toll facility revenues;

(3) The principal and interest on any outstanding state toll facility revenue bonds and refunding bonds.

TOLL FACILITY FUND CAN BORROW FUNDS FROM STATE ROAD FUND - If revenues in the state toll facility fund are insufficient to pay for authorized costs, the Commission shall transfer amounts from the state road fund to keep the toll facility fund solvent. Transfers from the state road fund shall be repaid in the time and manner determined by the Commission. The Commission is authorized to continue to collect tolls and fees on all toll facilities until all costs have been repaid. Any amount in the state toll facility fund in excess of what is needed to pay authorized costs shall be transferred to the state road fund.

This act is contingent upon the passage of a constitutional amendment that authorizes the Commission to construct and operate toll facilities. This act is similar to SB 855 (2004) and SB 193 (2003).
STEPHEN WITTE