SECOND REGULAR SESSION
RESOLUTION NO. 34
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES BLACK (Sponsor), DUSENBERG, HARRIS (23),
MUNZLINGER, DEEKEN, HOLAND, WHORTON, MYERS, SANDER, BISHOP,
BIVINS AND YAEGER (Co-sponsors).
Pre-filed December 15, 2003, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
Submitting to the qualified voters of Missouri an amendment repealing section 30(b) of article
IV of the Constitution of Missouri, and adopting two new sections in lieu thereof relating
to the powers and duties of the state highways and transportation commission.
Be it resolved by the House of Representatives, the Senate concurring therein:
That at the next general election to be held in the state of Missouri, on Tuesday next
following the first Monday in November, 2004, or at a special election to be called by the
governor for that purpose, there is hereby submitted to the qualified voters of this state, for
adoption or rejection, the following amendment to article IV of the Constitution of the state of
Section A. Section 30(b), article IV, Constitution of Missouri, is repealed and two new
sections adopted in lieu thereof, to be known as sections 30(b) and 30(d), to read as follows:
Section 30(b). 1. For the purpose of constructing and maintaining an adequate system
of connected state highways all state revenue derived from highway users as an incident to their
use or right to use the highways of the state, including all state license fees and taxes upon motor
vehicles, trailers and motor vehicle fuels, and upon, with respect to, or on the privilege of the
manufacture, receipt, storage, distribution, sale or use thereof (excepting the sales tax on motor
vehicles and trailers[,] except as hereinafter provided[,]; any tolls, fees, rents, and other
revenue derived from toll facilities and bond holders; and all property taxes), less the cost (1)
of collection thereof, (2) of maintaining the highway related activities of the highways and
transportation commission and department including any workers' compensation and retirement
programs, (3) and of administering and enforcing any state motor vehicle laws or traffic
regulations, and less refunds and less that portion of the fuel tax revenue to be allocated to
counties and to cities, towns and villages [under] pursuant to section 30(a) of Article IV of this
Constitution, shall be credited to the state road fund and stand appropriated without legislative
action for the following purposes, and no other:
First, to the payment of the principal and interest on any outstanding state road bonds.
Second, any balance in excess of the amount necessary to meet the payment of the
principal and interest of any state road bonds for the next succeeding twelve months shall be
credited to the state road fund and shall be expended under the supervision and direction of the
commission for the following purposes:
(1) To complete and widen or otherwise improve and maintain the state system of
highways heretofore designated and laid out under existing laws;
(2) To reimburse the various counties and other political subdivisions of the state, except
incorporated cities and towns, for money expended by them in the construction or acquisition
of roads and bridges now or hereafter taken over by the state as permanent parts of the system
of state highways, to the extent of the value to the state of such roads and bridges at the time
taken over, not exceeding in any case the amount expended by such counties and subdivisions
in the construction or acquisition of such roads and bridges, except that the highways and
transportation commission may, in its discretion, repay, or agree to repay, any cash advanced by
a county or subdivision to expedite state road construction or improvement;
(3) In the discretion of the commission to locate, relocate, establish, acquire, construct
and maintain the following:
(a) supplementary state highways and bridges in each county of the state as hereinafter
(b) state highways and bridges in, to and through state parks, public areas and
reservations, and state institutions now or hereafter established, and connect the same with the
state highways; and also national, state or local parkways, travelways, tourways, with
(c) any tunnel or interstate bridge or part thereof, where necessary to connect the state
highways of this state with those of other states;
(d) any highway within the state when necessary to comply with any federal law or
requirement which is or shall become a condition to the receipt of federal funds;
(e) any highway in any city or town which is found necessary as a continuation of any
state or federal highway, or any connection therewith, into and through such city or town; and
(f) additional state highways, bridges and tunnels, outside the corporate limits of cities
having a population in excess of one hundred fifty thousand, either in congested traffic areas of
the state or where needed to facilitate and expedite the movement of through traffic.
(4) For feasibility studies for toll facilities;
(5) For toll facility purposes authorized pursuant to section 30(d) of this article;
(6) To acquire materials, equipment and buildings necessary for the purposes herein
[(5)] (7) For such other purposes and contingencies relating and appertaining to the
construction and maintenance of such highways and bridges as the highways and transportation
commission may deem necessary and proper.
2. One-half of the proceeds from the state sales tax on all motor vehicles, trailers,
motorcycles, mopeds and motortricycles shall be dedicated for highway and transportation use
and shall be distributed as follows: ten percent to the counties, fifteen percent to the cities, one
percent to the state transportation fund, which is hereby created to be used in a manner provided
by law and seventy-four percent to the state road fund. The amounts distributed to cities and
counties shall be allocated as provided in section 30(a) of this article, to be used for highway and
3. Notwithstanding the provisions of subsection 1 of this section, any increase in state
license fees and taxes on motor vehicles, trailers, motorcycles, mopeds and motortricycles over
and above those in effect [upon adoption of this section] on January 1, 1980, shall be
distributed as follows: ten percent to the counties, fifteen percent to the cities and seventy-five
percent to the state road fund. The amounts distributed to cities and counties shall be allocated
as provided in section 30(a) of this article, to be used for highway and transportation purposes.
Section 30(d). 1. The highways and transportation commission is authorized to
finance, acquire, construct, maintain, improve, reconstruct, and operate state toll facilities
authorized by the general assembly within this state, across the borders of this state and
another state, and across a river or stream comprising the boundary or a portion of the
boundary between this state and another state.
2. "Toll facility" includes any facility, structure, or appurtenance constructed
pursuant to this section which is to be paid for in whole or in part from revenues collected
from tolls, fees, rents, or other charges imposed for the use of the facility.
3. The commission shall fix and collect tolls, fees, rents, or other charges for the use
of all toll facilities.
4. The commission is authorized to issue state toll facility revenue bonds or
refunding bonds for state toll facilities authorized by the general assembly without the
consent of any other state agency or board.
5. The commission is authorized to enter into any contract with any federal or state
agency, city, county, or political subdivision, or any person or business entity, to perform
any of the duties authorized by this section.
6. The commission shall deposit, transfer, and credit the net proceeds derived from
the sale of state toll facility revenue bonds or refunding bonds and the interest thereon, the
proceeds from all tolls, fees, rents, and other charges derived from state toll facilities (less
any refunds for overpayments and erroneous payments of such tolls, fees, rents, or other
revenue) and any other moneys derived from federal, state, local, or special funds to the
state toll facility fund for the commission to expend such funds solely for the state toll
facility projects authorized by the general assembly. Moneys in such fund shall stand
appropriated without legislative action to be expended in the sole discretion of the
commission for the authorized purposes in this section and no other purposes. All interest
earned upon the sums within such fund shall be deposited within and to the credit of the
7. The commission is authorized to transfer moneys from the state road fund to the
state toll facility fund to pay the toll facility costs of performing the duties and functions
authorized by this section and to finance any shortfalls in the state toll facility fund so that
such fund shall meet its obligations. Such transfers shall derive only from such moneys in
the state road fund in excess of the amounts necessary to make principal and interest
payments on all outstanding state road bonds and refunding bonds for the next succeeding
twelve months. Such transfers shall be repaid to the state road fund, in the time and
manner as determined by the commission, from the state toll facility fund.
8. The commission may relocate or incorporate any public roads, highways, or
bridges into the state toll facility projects authorized by the general assembly.
9. State toll facility revenue bond and refunding bond proceeds, and all tolls, fees,
rents, and other revenues derived from the establishment or operation of toll facilities, shall
not be part of total state revenues within the meaning of sections 17 and 18 of article X of
this constitution. The expenditure of these revenues shall not be considered an expense of
state government within the meaning of section 20 of article X of this constitution.