SB 540 – Raises the tax on motor fuel and creates the Public-Private Partnership Authority Act

• Sponsor: Libla
• LR Number: 2282S.05P
• Committee: Transportation, Infrastructure and Public Safety
• Last Action: 5/15/2015 - S Formal Calendar S Bills for Third Reading--SS for SB 540-Libla (In Fiscal Oversight)
• Effective Date: August 28, 2015

Current Bill Summary

SS/SB 540 - This act raises the tax on motor fuels beginning January 1, 2016. The tax on motor fuels other than diesel fuel will be raised by 1.5 cents per gallon to 18.8 cents per gallon. The tax on diesel ful will be raised by 3.5 cents per gallon to 20.8 cents per gallon. This provision is similar to a provision in SS/HB 675 (2015).

This act also establishes the "Public-Private Partnership Authority Act". The Department of Transportation is authorized to contract with private sector entities for the completion, operation, or maintenance of transportation infrastructure associate with Interstate 70. The Building Missouri's Future Board is established which has the power to approve all public-private partnership agreements. Any agreement between the Department and a private entity for construction or maintenance of a highway and collection of fees must be approved by the General Assembly

This act also allows the Department to develop and implement a competitive process for identifying suitable projects for public-private partnership agreements. A comprehensive process for soliciting and evaluating proposals for public-private partnership agreements is required. This act further requires the provisions of the Public-Private Partnership Authority Act to be construed liberally and also provides for tax exemptions for income derived from the public-private partnership agreements. The Department may delegate authority to impose or collect user fees to a private sector entity under the terms of a public-private partnership agreement. This act also allows the Department to contract for the professional services to identify and evaluate projects to be subject to public-private partnership agreements and the proposals from private sector entities for such projects.

The terms of the Public-Private Partnership Act are severable, so that if any provision is found to be invalid the other provisions are not affected by that finding. The provisions relating to motor fuel taxes are nonseverable from the provisions of the Public-Private Partnership Act.

The provisions relating to the Public-Private Partnership Act are similar to provisions in SCS/SB 534 (2015).

MIKE HAMMANN