EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 586
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR HOUGH.
2225S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 226.150, 226.200, and 226.220, RSMo, and to enact in lieu thereof four new
sections relating to transportation funding.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 226.150, 226.200, and 226.220, RSMo, 1
are repealed and four new sections enacted in lieu thereof, to 2
be known as sections 226.150, 226.200 , 226.220, and 226.221, to 3
read as follows:4
226.150. The commission is hereby directed to comply 1
with the provisions of any act of Congress providing for the 2
distribution and expenditure of funds of the United States 3
appropriated by Congress for highway system construction, 4
maintenance, or operation , and to comply with any of the 5
rules or conditions made by the Bureau of Public Roads of 6
the Department of Agriculture, or other branch of the United 7
States government, acting under the provisions of federal 8
law in order to secure to the state of Missouri funds 9
allotted to this state by the United States government for 10
highway system construction, maintenance, or operation . 11
[The commission is authorized to pay the state's proportion 12
of the cost of roads constructed with federal and state 13
funds out of the state road fund. ] Any money due to the 14
state of Missouri from the United States, under the 15
provisions of such acts of Congress, relating to highway 16
system construction, maintenance, or ope ration, shall be 17 SB 586 2
received by the state treasury and deposited in [a separate 18
fund, and paid out by the state treasurer on requisitions 19
drawn by an officer of the state highways and transportation 20
commission on a warrant of the state auditor. Said funds 21
being the funds of the federal government allotted to the 22
state of Missouri, no appropriation of the general assembly 23
for the expenditure of such funds shall be necessary ] the 24
federal road fund established in section 226.221 . The 25
commission is authorized to accept, receive and utilize any 26
road machinery, trucks or supplies donated, loaned or sold 27
to the state by the federal government, and to pay the 28
necessary transportation and other expenses of securing the 29
same. The commission may also sell any unnecessary or 30
surplus tools or equipment and receive payment therefor and 31
all money received on account of such sales, if any, shall 32
be immediately paid into the state treasury to the credit of 33
the [state] federal road fund; provided, however, tha t no 34
such unnecessary or surplus tools or equipment shall be sold 35
directly or indirectly by the commission to any employees of 36
the transportation department except when such sales are 37
made at public sale open to the general public. 38
226.200. 1. There is hereby created a "State Highways 1
and Transportation Department Fund" into which shall be paid 2
or transferred all state revenue derived from highway users 3
as an incident to their use or right to use the highways of 4
the state, including all state license fees and taxes upon 5
motor vehicles, trailers, and motor vehicle fuels, and upon, 6
with respect to, or on the privilege of the manufacture, 7
receipt, storage, distribution, sale or use thereof 8
(excepting the sales tax on motor vehic les and trailers, and 9
all property taxes)[, and all other revenue received or held 10 SB 586 3
for expenditure by or under the department of transportation 11
or the state highways and transportation commission, except: 12
(1) Money arising from the sale of bonds; 13
(2) Money received from the United States government; 14
or 15
(3) Money received for some particular use or uses 16
other than for the payment of principal and interest on 17
outstanding state road bonds ]. 18
2. Subject to the limitations of subsect ion 3 of this 19
section, from said fund shall be paid or credited the cost: 20
(1) Of collection of all said state revenue derived 21
from highway users as an incident to their use or right to 22
use the highways of the state; 23
(2) Of maintaining the st ate highways and 24
transportation commission; 25
(3) Of maintaining the state transportation department; 26
(4) Of any workers' compensation for state 27
transportation department employees; 28
(5) Of the share of the transportation department in 29
any retirement program for state employees, only as may be 30
provided by law; and 31
(6) Of administering and enforcing any state motor 32
vehicle laws or traffic regulations. 33
3. Beginning in fiscal year 2004, the total amount of 34
appropriations from t he state highways and transportation 35
department fund for all state offices and departments, 36
except for the highway patrol, and actual costs incurred by 37
the office of administration for or on behalf of the highway 38
patrol and employees of the department of transportation, 39
shall not exceed the total amount appropriated for such 40
offices and departments from said fund for fiscal year 41
2001. Appropriations to the highway patrol from the state 42 SB 586 4
highways and transportation department fund shall be made in 43
accordance with Article IV, Section 30(b) of the Missouri 44
Constitution. Appropriations allocated from the state 45
highways and transportation department fund to the highway 46
patrol shall only be used by the highway patrol to 47
administer and enforce state m otor vehicle laws or traffic 48
regulations. Beginning July 1, 2007, any activities or 49
functions conducted by the highway patrol not related to 50
enforcing or administering state motor vehicle laws or 51
traffic regulations shall not be funded by the state 52
highways and transportation department fund, but shall be 53
funded from general revenue or any other applicable source. 54
Any current funding from the highways and transportation 55
department fund used for activities not related to enforcing 56
state motor vehicle laws or traffic regulations shall expire 57
on June 30, 2007. The state auditor shall annually audit 58
and examine the appropriations made to the highway patrol to 59
determine whether such appropriations are actually being 60
used for administering and enfo rcing state motor vehicle 61
laws and traffic regulations pursuant to the constitution. 62
The state auditor shall submit its annual findings to the 63
general assembly by January fifteenth of each year. 64
4. The provisions of subsection 3 of this section 65
shall not apply to appropriations from the state highways 66
and transportation department fund to the highways and 67
transportation commission and the state transportation 68
department or to appropriations to the office of 69
administration for department of tr ansportation employee 70
fringe benefits and OASDHI payments, or to appropriations to 71
the department of revenue for motor vehicle fuel tax refunds 72
under chapter 142 or to appropriations to the department of 73 SB 586 5
revenue for refunds or overpayments or erroneous payments 74
from the state highways and transportation department fund. 75
5. All interest earned upon the state highways and 76
transportation department fund shall be deposited in and to 77
the credit of such fund. 78
6. Any balance remaining in said fu nd after payment of 79
said costs shall be transferred to the state road fund. 80
7. Notwithstanding the provisions of subsection 2 of 81
this section to the contrary, any funds raised as a result 82
of increased taxation pursuant to sections 142.025 and 83
142.372 after April 1, 1992, shall not be used for 84
administrative purposes or administrative expenses of the 85
transportation department. 86
226.220. 1. There is hereby created and set up the 1
"State Road Fund" which shall receive all moneys and credits 2
from 3
(1) The sale of state road bonds; 4
(2) [The United States government and intended for 5
highway purposes; 6
(3)] The state road bond and interest sinking fund as 7
provided in section 226.210; and 8
[(4)] (3) Any other source [if they are] required 9
under Section 30(b), Article IV, of the Constitution to be 10
held for expenditure by or under the department of 11
transportation or the state highways and transportation 12
commission [and if they are not required by section 226.2 00 13
to be transferred to the state highway department fund ]. 14
2. The costs and expenses withdrawn from the state 15
treasury 16
(1) For locating, relocating, establishing, acquiring, 17
reimbursing for, constructing, improving and maintaining 18 SB 586 6
state highways in the systems specified in Article IV, 19
Section 30(b), of the Constitution; 20
(2) For acquiring materials, equipment and buildings; 21
and 22
(3) For other purposes and contingencies relating and 23
appertaining to the construction and maintenan ce of said 24
highways; 25
Shall be paid from the state road fund upon warrants drawn 26
by the state auditor, based upon bills of particulars and 27
vouchers preapproved and certified for payment by the 28
commissioner of administration and by the state highways and 29
transportation commission acting through such of their 30
employees as may be designated by them. 31
3. No payments or transfers shall ever be made from 32
the state road fund except for an expenditure made 33
(1) Under the supervision and direction of the state 34
highways and transportation commission; and 35
(2) For a purpose set out in Subparagraph (1), (2), 36
(3), (4), or (5) of Subsection 1 of Section 30(b), Article 37
IV, of the Constitution. 38
226.221. 1. There is hereby created and set up the 1
"Federal Road Fund", which shall receive all moneys and 2
credits from: 3
(1) The United States government and intended for 4
highway purposes; and 5
(2) All other revenue intended for highway purposes 6
and received or held for expen diture by or under the 7
department of transportation or the state highways and 8
transportation commission, except: 9
(a) Moneys and credits from the sale of state road 10
bonds; 11 SB 586 7
(b) The state road bond and interest sinking fund as 12
provided in section 226.210; and 13
(c) State revenue derived from highway users as an 14
incident to their use or right to use the highways of the 15
state as provided in Section 30(b), Article IV, of the 16
Constitution. 17
2. The state treasurer shall be custodian of t he 18
fund. No money shall be withdrawn from the fund except by 19
warrant drawn in accordance with an appropriation made by 20
the general assembly. In accordance with sections 30.170 21
and 30.180, the state treasurer may approve disbursements. 22
The fund shall be a dedicated fund and money in the fund 23
shall be used solely by the department of transportation for 24
highway purposes. 25
3. Notwithstanding the provisions of section 33.080 to 26
the contrary, any moneys remaining in the fund at the end of 27
the biennium shall not revert to the credit of the general 28
revenue fund. 29
4. The state treasurer shall invest moneys in the fund 30
in the same manner as other funds are invested. Any 31
interest and moneys earned on such investments shall be 32
credited to the fund. 33