SECOND REGULAR SESSION
HOUSE BILL NO. 2131
91ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES BEARDEN, DEMPSEY, OSTMANN,
LUETKENHAUS AND HOLT (Co-sponsors).
Read 1st time March 7, 2002, and 1000 copies ordered printed.
TED WEDEL, Chief Clerk
AN ACT
To repeal sections 142.803, 226.133, 226.200, 227.100, and 313.820, RSMo, and to enact in lieu thereof seven new sections relating to highway and transportation funding, with a referendum clause.
Section A. Sections 142.803, 226.133, 226.200, 227.100, and 313.820, RSMo, are repealed and seven new sections enacted in lieu thereof, to be known as sections 21.262, 142.803, 226.133, 226.200, 227.100, 227.107, and 313.820, to read as follows:
21.262. For all fiscal years beginning on or after July 1, 2003, and ending on or before June 30, 2013, ten percent of the percentage of growth in the general revenue of the state shall be appropriated exclusively for highway and transportation purposes.
142.803. 1. A tax is levied and imposed on all motor fuel used or consumed in this state as follows:
(1) Motor fuel, seventeen cents per gallon[. Beginning April 1, 2008, the tax rate shall become eleven cents per gallon];
(2) Alternative fuels, not subject to the decal fees as provided in section 142.869, with a power potential equivalent of motor fuel. In the event alternative fuel, which is not commonly sold or measured by the gallon, is used in motor vehicles on the highways of this state, the director is authorized to assess and collect a tax upon such alternative fuel measured by the nearest power potential equivalent to that of one gallon of regular grade gasoline. The determination by the director of the power potential equivalent of such alternative fuel shall be prima facie correct;
(3) Aviation fuel used in propelling aircraft with reciprocating engines, nine cents per gallon as levied and imposed by section 155.080, RSMo, to be collected as required under this chapter.
2. All taxes, surcharges and fees are imposed upon the ultimate consumer, but are to be precollected as described in this chapter, for the facility and convenience of the consumer. The levy and assessment on other persons as specified in this chapter shall be as agents of this state for the precollection of the tax.
3. In addition to the tax levied and imposed pursuant to subsection 1 of this section, an additional tax of six cents per gallon is hereby levied and imposed on diesel fuel, as defined in section 142.800, used or consumed in this state. The revenue derived from the additional tax imposed pursuant to this subsection shall be distributed and used as provided in article IV, sections 30(a) and 30(b) of the Missouri Constitution.
226.133. 1. The general assembly may authorize the highways and transportation commission to issue bonds or other evidence of indebtedness in an amount not to exceed two billion dollars from fiscal year 2001 to fiscal year 2006; except that, the highways and transportation commission may immediately authorize issue of bonds up to two hundred fifty million dollars for the purpose of providing funds for use in highway construction and repairs scheduled in the five-year plan. The principal amount of such bonds shall not exceed five hundred million dollars in any one fiscal year. Proceeds from the issuance of the bonds shall be provided to the department of transportation to pay for the cost of construction engineering and construction. The proceeds from the bonds shall not be used to pay for administrative expenses, including but not limited to planning and design expenses. Contracted final design shall not be considered an administrative expense, but shall not exceed seven percent of any project.
2. To obtain authorization for the issuance of bonds, the highways and transportation commission shall annually present to the general assembly, by the tenth legislative day, a proposed plan and an analysis demonstrating the feasibility and appropriateness thereof. The plan to issue bonds shall become effective no later than forty-five calendar days after the plan proposed by the highways and transportation commission is submitted to a regular session of the general assembly, unless it is disapproved within forty-five calendar days of its submission to a regular session by a concurrent resolution introduced within fourteen calendar days of the submission of the plan to a regular session of the general assembly and adopted by a majority vote of the elected members of each house. If no concurrent resolution disapproving of the highway plan is introduced within fourteen calendar days of the submission of the plan to the legislature, then the plan shall become effective immediately. The presiding officer of each house in which a concurrent resolution disapproving of a plan to issue bonds has been introduced, unless the resolution has been previously accepted or rejected by that house, shall submit it to a vote of the membership not sooner than seven calendar days or later than fourteen calendar days after introduction of the concurrent resolution pertaining to the department of transportation plan. The presiding officer of the house passing a concurrent resolution disapproving of a plan to issue bonds shall immediately forward the bill to the other house and the presiding officer of that house shall submit it to a vote of the membership not sooner than seven calendar days or later than fourteen calendar days of its receipt from the other legislative body. The plan submitted by the highways and transportation commission shall not be subject to amendment by either chamber and may only be rejected in its entirety.
3. The highways and transportation commission shall offer such bonds at public sale or negotiated sale. The bonds shall be for a period of not less than ten years and not more than twenty years from their date of issue and shall bear interest at a rate or rates not exceeding the rate permitted by law.
4. The proceeds of the sale or sales of any bonds issued pursuant to this section shall be paid into the state road fund to be expended for the purpose specified pursuant to the provisions of section 226.220.
5. Bonds issued pursuant to this section shall be state road bonds as such term is used in section 30(b) of article IV of the state constitution, and as such, principal and interest payments on such bonds shall be made from the state road fund as provided in section 30(b) of article IV of the state constitution. Bonds issued pursuant to this section shall not be deemed to constitute a debt or liability of the state or a pledge of the full faith and credit of the state, and the principal and interest on such bonds shall be payable solely from the state road fund. Bonds issued pursuant to this section, the interest thereon, or any proceeds from such bonds, shall be exempt from taxation in the state of Missouri for all purposes except for the state estate tax.
6. Bonds may be issued for the purpose of refunding, either at maturity or in advance of maturity, any bonds issued under this section. The proceeds of such refunding bonds may either be applied to the payment of the bonds being refunded or deposited in trust and maintained in cash or investments for the retirement of the bonds being refunded, as shall be specified by the highways and transportation commission and the authorizing resolution or trust indenture securing such refunding bonds. The authorizing resolution or trust indenture securing the refunding bonds shall specify the amount and other terms of the refunding bonds and may provide that the refunding bonds shall have the same security for their payment as provided for the bonds being refunded. The refunding bonds shall be for a period of not less than ten years and not more than twenty years from their date of issue and shall bear interest at a rate or rates not exceeding the rate permitted by law. The principal amount of refunding bonds issued pursuant to this section shall not be counted toward the limit on the principal amount of bonds permitted under this section.
7. In connection with the underwriting of any bonds issued pursuant to this section on or after January 1, 2003, such bonds shall be senior-managed by underwriting firms headquartered in this state as long as such underwriting firms are not deemed to be unqualified or price-uncompetitive.
226.200. 1. There is hereby created a "State Highways and Transportation Department Fund" into which shall be paid or transferred 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, and all property taxes), and all other revenue received or held for expenditure by or under the department of transportation or the state highways and transportation commission, except:
(1) Money arising from the sale of bonds;
(2) Money received from the United States government; or
(3) Money received for some particular use or uses other than for the payment of principal and interest on outstanding state road bonds.
2. Subject to the limitations of subsection 3 of this section, from said fund shall be paid or credited the cost:
(1) [Of collection of all said state revenue derived from highway users as an incident to their use or right to use the highways of the state;
(2)] Of maintaining the state highways and transportation commission;
[(3)] (2) Of maintaining the state transportation department;
[(4)] (3) Of any workers' compensation for state transportation department employees;
[(5)] (4) Of the share of the transportation department in any retirement program for state employees, only as may be provided by law; and
[(6)] (5) Of administering and enforcing any state motor vehicle laws or traffic regulations.
3. For all [future] fiscal years beginning on or after July 1, 2003, the total amount of appropriations from the state highways and transportation department fund for all state offices and departments, except the Missouri highway patrol, shall [not exceed the total amount appropriated for such offices and departments from said fund for fiscal year 2001] be zero.
4. The provisions of subsection 3 of this section shall not apply to appropriations from the state highways and transportation department fund to the highways and transportation commission and the state transportation department or to appropriations to the office of administration for department of transportation employee fringe benefits and OASDHI payments, or to appropriations to the department of revenue for motor vehicle fuel tax refunds under chapter 142, RSMo, or to appropriations to the department of revenue for refunds or overpayments or erroneous payments from the state highways and transportation department fund.
5. All interest earned upon the state highways and transportation department fund shall be deposited in and to the credit of such fund.
6. Any balance remaining in said fund after payment of said costs shall be transferred to the state road fund.
7. Notwithstanding the provisions of subsection 2 of this section to the contrary, any funds raised as a result of increased taxation pursuant to sections 142.025 and 142.372, RSMo, after April 1, 1992, shall not be used for administrative purposes or administrative expenses of the transportation department.
227.100. 1. All contracts for the construction of said work shall be let to the lowest responsible bidder or bidders after notice and publication of an advertisement in a newspaper published in the county where the work is to be done, and in such other publications as the commission may determine; provided, that [in all cases where the project advertised shall be for the construction of more than ten miles of road, such advertisement shall provide for bids on sections of said road not to exceed ten miles, as well as on the project as a whole, and] such contract shall [then] be let so as to provide for the most economical construction of said project.
2. Each bid shall be accompanied by a certified check or a cashier's check or a bid bond, guaranteed by a surety company authorized by the director of the department of insurance to conduct surety business in the state of Missouri, equal to five percent of the bid, which certified check, cashier's check, or bid bond shall be deposited with the commissioner as a guaranty and forfeited to the state treasurer to the credit of the state road fund in the event the successful bidder fails to comply with the terms of the proposal, and return to the successful bidder on execution and delivery of the performance bond provided for in subsection 4. The checks of the unsuccessful bidders shall be returned to them in accordance with the terms of the proposal.
3. All notices of the letting of contracts under this section shall state the time and place when and where bids will be received and opened, and all bids shall be sealed and opened only at the time and place mentioned in such notice and in the presence of some member of the commission or some person named by the commission for such purpose.
4. The successful bidders for the construction of said work shall enter into contracts furnished and prescribed by the commission and shall give good and sufficient bond, in a sum equal to the contract price, to the state of Missouri, with sureties approved by the commission and to ensure the proper and prompt completion of said work in accordance with the provisions of said contracts, and plans and specifications; provided, that if, in the opinion of the majority of the members of the commission, the lowest bid or bids for the construction of any of the roads, or parts of roads, herein authorized to be constructed, shall be excessive, then, and in that event, said commission shall have the right, and it is hereby empowered and authorized to reject any or all bids, and to construct, under its own direction and supervision, all of such roads and bridges, or any part thereof.
227.107. 1. As used in this section, the following terms mean:
(1) "Design-build highway project contract", the procurement of all materials and services necessary for the design, construction, reconstruction, improvement, or maintenance of a highway project in a single contract with a person or persons capable of providing the necessary materials and services;
(2) "Design-build prequalification review team" or "review team", a team authorized by the commission to make recommendations to the commission on persons who are qualified to bid on a design-build project. The review team shall be composed of four representatives from the department of transportation, one representative from the Associated General Contractors of Missouri and one representative from the consulting engineers council of Missouri;
(3) "Highway project", the construction, establishment, or maintenance of highways or bridges;
(4) "Person", individuals, corporations, partnerships, joint ventures, limited liability companies, or other business organizations.
2. As an alternative to the requirements and procedures specified in sections 227.040 to 227.100, the commission may enter into design-build highway project contracts. The first design-build highway project shall be a pilot project located on the interstate highway system. Subsequent design-build highway projects will be selected from interstate highway and bridge projects in the five-year plan or any highway or bridge project that is deemed by the commission to be an emergency project.
3. In using a design-build highway project contract, the commission shall prequalify persons based on recommendations submitted by the design-build prequalification review team before the persons will be allowed to bid on a project. Such prequalification shall be conducted as follows:
(1) The commission shall give public notice of a request for qualifications in at least two public newspapers that are distributed wholly or in part in this state and in at least one construction industry trade publication that is distributed nationally;
(2) The commission shall issue a request for qualifications to all persons requesting one in accordance with the instructions in the public notice. In the request for qualifications, the commission may require that all persons submit information in a prescribed format demonstrating their relevant design and construction qualifications and experience, financial capacity, and capability of obtaining performance and payment bonds and insurance coverage specified by the commission, ability to comply with all applicable federal, state, and local laws and regulations. In any construction contract, whether involving state or federal funds, the commission shall require that each person submitting a request for qualifications provide a detailed disadvantaged business enterprise participation plan. The plan shall provide information describing the experience of the person in meeting disadvantaged business enterprise participation goals, how the person will meet the department of transportation's disadvantaged business enterprise participation goal, and such other qualifications that the commission considers to be in the best interest of the state;
(3) The commission may investigate and verify all information submitted. All financial information, trade secrets, or other information customarily regarded as confidential business information submitted to or obtained by the commission during the contracting process set forth in this section shall be protected from disclosure pursuant to section 227.105 and section 610.021, RSMo;
(4) The review team shall evaluate and rate all persons submitting responsive statements of qualifications. Based upon such ratings, the review team shall make a recommendation to the commission as to which persons should be selected to receive requests for proposals;
(5) The review team may recommend any number of persons to receive requests for proposals, provided that if the review team fails to receive at least three responsive submissions from persons considered qualified by the review team, the review team shall notify the commission. The commission may then readvertise the project.
4. The commission shall issue a request for proposals to all persons prequalified in accordance with subsection 3 of this section. The request for proposals shall set forth:
(1) The scope of work, contract specifications, work requirements, and other requirements that have a substantial impact on the cost of the work as determined by the commission; and
(2) Criteria to be used by the commission to determine whether proposals are responsive and a description of the criteria and procedures to be used to evaluate proposals.
5. Proposals must consist of two separate components to be submitted to the commission simultaneously but separately:
(1) A sealed design-build proposal; and
(2) A sealed lump sum price proposal.
The commission shall evaluate and score responsive design-build proposals based upon criteria that may include proposed design, constructability, long-term maintenance costs, aesthetics, local impact, travel, and other user costs and other factors that the commission considers to be in the best interest of the state. The commission shall then publicly open and read responsive lump sum price proposals and divide each price by the score of that person's design-build proposal, yielding an overall value rating for each person. The commission may award the contract to the person with the lowest responsive overall value rating and the commission's award decision is final and is not subject to review or appeal. The commission may also reject any or all proposals for design-build highway project contracts for any reason.
6. The commission may require approval of any person performing subcontract work on a design-build highway project contract.
7. The bid bond and performance bond requirements of section 227.100 and the payment bond requirements of section 107.170, RSMo, shall apply to a design-build highway project contract. The commission shall prescribe the form of the contracts for the work, and is empowered to make all final decisions concerning the performance of the work under its contracts, including claims for additional time and compensation.
8. Sections 8.285 to 8.291, RSMo, shall not apply to the procurement of architectural, engineering, or land surveying services for a design-build highway project contract; except that any person providing architectural, engineering, or land surveying services for a design-build highway project contract shall be licensed in Missouri to provide such services.
9. The commission is authorized to pay a fee to all responsive bidders who are not awarded a design-build highway project. The fee and criteria for responsiveness shall be set forth in the request for qualification and request for proposals issued by the commission. In the event the commission rejects all bid proposals for a design-build highway project, the commission may subsequently submit a new request for proposal on the previously rejected design-build highway project. Any person who receives a fee pursuant to this section for a responsive bid on the rejected design-build highway project is prohibited from receiving a fee for a responsive bid on the subsequent design-build highway project.
313.820. 1. An excursion boat licensee shall pay to the commission an admission fee of two dollars for each person embarking on an excursion gambling boat with a ticket of admission. One dollar of such fee shall be deposited to the credit of the gaming commission fund as authorized pursuant to section 313.835, and one dollar of such fee shall not be considered state funds and shall be paid to the home dock city or county. Subject to appropriation, one cent of such fee deposited to the credit of the gaming commission fund may be deposited to the credit of the compulsive gamblers fund created pursuant to the provisions of section 313.842. Nothing in this section shall preclude any licensee from charging any amount deemed necessary for a ticket of admission to any person embarking on an excursion gambling boat. If tickets are issued which are good for more than one excursion, the admission fee shall be paid to the commission for each person using the ticket on each excursion that the ticket is used. If free passes or complimentary admission tickets are issued, the excursion boat licensee shall pay to the commission the same fee upon these passes or complimentary tickets as if they were sold at the regular and usual admission rate; however, the excursion boat licensee may issue fee-free passes to actual and necessary officials and employees of the licensee or other persons actually working on the excursion gambling boat. The issuance of fee-free passes is subject to the rules of the commission, and a list of all persons to whom the fee-free passes are issued shall be filed with the commission.
2. All licensees are subject to all income taxes, sales taxes, earnings taxes, use taxes, property taxes or any other tax or fee now or hereafter lawfully levied by any political subdivision; however, no other license tax, permit tax, occupation tax, excursion fee, or taxes or fees shall be imposed, levied or assessed exclusively upon licensees by a political subdivision. All state taxes not connected directly to gambling games shall be collected by the department of revenue. Notwithstanding the provisions of section 32.057, RSMo, to the contrary, the department of revenue may furnish and the commission may receive tax information to determine if applicants or licensees are complying with the tax laws of this state; however, any tax information acquired by the commission shall not become public record and shall be used exclusively for commission business.
3. An excursion boat licensee shall pay a two dollar admission fee, in addition to the admission fee imposed in subsection 1 of this section, for each person embarking on an excursion gambling boat with a ticket of admission. Two dollars of the additional fee imposed pursuant to this subsection shall be deposited to the credit of the state highways and transportation department fund and distributed as follows: forty-five million seven hundred thousand dollars shall be transferred to the state transportation fund used exclusively for mass transportation projects, ten percent of which shall be used for transportation of the disabled; the remaining revenue derived from the additional two dollar fee shall be used exclusively for highway and transportation purposes.
Section B. Section A of this act is hereby submitted to the qualified voters of this state for approval or rejection at an
election which is hereby ordered and which shall be held and conducted on the Tuesday immediately following the first
Monday in November, 2002, or at a special election to be called by the governor for that purpose, pursuant to the laws and
constitutional provisions of this state applicable to general elections and the submission of referendum measures by
initiative petition, and it shall become effective when approved by a majority of the votes cast thereon at such election and
not otherwise.
Missouri House
of Representatives