1 | 1 | | |
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2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | FIRST REGULAR SESSION |
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5 | 5 | | SENATE BILL NO. 586 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR HOUGH. |
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8 | 8 | | 2225S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal sections 226.150, 226.200, and 226.220, RSMo, and to enact in lieu thereof four new |
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11 | 11 | | sections relating to transportation funding. |
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12 | 12 | | |
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13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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14 | 14 | | Section A. Sections 226.150, 226.200, and 226.220, RSMo, 1 |
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15 | 15 | | are repealed and four new sections enacted in lieu thereof, to 2 |
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16 | 16 | | be known as sections 226.150, 226.200 , 226.220, and 226.221, to 3 |
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17 | 17 | | read as follows:4 |
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18 | 18 | | 226.150. The commission is hereby directed to comply 1 |
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19 | 19 | | with the provisions of any act of Congress providing for the 2 |
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20 | 20 | | distribution and expenditure of funds of the United States 3 |
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21 | 21 | | appropriated by Congress for highway system construction, 4 |
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22 | 22 | | maintenance, or operation , and to comply with any of the 5 |
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23 | 23 | | rules or conditions made by the Bureau of Public Roads of 6 |
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24 | 24 | | the Department of Agriculture, or other branch of the United 7 |
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25 | 25 | | States government, acting under the provisions of federal 8 |
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26 | 26 | | law in order to secure to the state of Missouri funds 9 |
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27 | 27 | | allotted to this state by the United States government for 10 |
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28 | 28 | | highway system construction, maintenance, or operation . 11 |
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29 | 29 | | [The commission is authorized to pay the state's proportion 12 |
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30 | 30 | | of the cost of roads constructed with federal and state 13 |
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31 | 31 | | funds out of the state road fund. ] Any money due to the 14 |
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32 | 32 | | state of Missouri from the United States, under the 15 |
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33 | 33 | | provisions of such acts of Congress, relating to highway 16 |
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34 | 34 | | system construction, maintenance, or ope ration, shall be 17 SB 586 2 |
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35 | 35 | | received by the state treasury and deposited in [a separate 18 |
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36 | 36 | | fund, and paid out by the state treasurer on requisitions 19 |
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37 | 37 | | drawn by an officer of the state highways and transportation 20 |
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38 | 38 | | commission on a warrant of the state auditor. Said funds 21 |
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39 | 39 | | being the funds of the federal government allotted to the 22 |
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40 | 40 | | state of Missouri, no appropriation of the general assembly 23 |
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41 | 41 | | for the expenditure of such funds shall be necessary ] the 24 |
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42 | 42 | | federal road fund established in section 226.221 . The 25 |
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43 | 43 | | commission is authorized to accept, receive and utilize any 26 |
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44 | 44 | | road machinery, trucks or supplies donated, loaned or sold 27 |
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45 | 45 | | to the state by the federal government, and to pay the 28 |
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46 | 46 | | necessary transportation and other expenses of securing the 29 |
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47 | 47 | | same. The commission may also sell any unnecessary or 30 |
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48 | 48 | | surplus tools or equipment and receive payment therefor and 31 |
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49 | 49 | | all money received on account of such sales, if any, shall 32 |
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50 | 50 | | be immediately paid into the state treasury to the credit of 33 |
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51 | 51 | | the [state] federal road fund; provided, however, tha t no 34 |
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52 | 52 | | such unnecessary or surplus tools or equipment shall be sold 35 |
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53 | 53 | | directly or indirectly by the commission to any employees of 36 |
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54 | 54 | | the transportation department except when such sales are 37 |
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55 | 55 | | made at public sale open to the general public. 38 |
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56 | 56 | | 226.200. 1. There is hereby created a "State Highways 1 |
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57 | 57 | | and Transportation Department Fund" into which shall be paid 2 |
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58 | 58 | | or transferred all state revenue derived from highway users 3 |
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59 | 59 | | as an incident to their use or right to use the highways of 4 |
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60 | 60 | | the state, including all state license fees and taxes upon 5 |
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61 | 61 | | motor vehicles, trailers, and motor vehicle fuels, and upon, 6 |
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62 | 62 | | with respect to, or on the privilege of the manufacture, 7 |
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63 | 63 | | receipt, storage, distribution, sale or use thereof 8 |
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64 | 64 | | (excepting the sales tax on motor vehic les and trailers, and 9 |
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65 | 65 | | all property taxes)[, and all other revenue received or held 10 SB 586 3 |
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66 | 66 | | for expenditure by or under the department of transportation 11 |
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67 | 67 | | or the state highways and transportation commission, except: 12 |
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68 | 68 | | (1) Money arising from the sale of bonds; 13 |
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69 | 69 | | (2) Money received from the United States government; 14 |
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70 | 70 | | or 15 |
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71 | 71 | | (3) Money received for some particular use or uses 16 |
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72 | 72 | | other than for the payment of principal and interest on 17 |
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73 | 73 | | outstanding state road bonds ]. 18 |
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74 | 74 | | 2. Subject to the limitations of subsect ion 3 of this 19 |
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75 | 75 | | section, from said fund shall be paid or credited the cost: 20 |
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76 | 76 | | (1) Of collection of all said state revenue derived 21 |
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77 | 77 | | from highway users as an incident to their use or right to 22 |
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78 | 78 | | use the highways of the state; 23 |
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79 | 79 | | (2) Of maintaining the st ate highways and 24 |
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80 | 80 | | transportation commission; 25 |
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81 | 81 | | (3) Of maintaining the state transportation department; 26 |
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82 | 82 | | (4) Of any workers' compensation for state 27 |
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83 | 83 | | transportation department employees; 28 |
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84 | 84 | | (5) Of the share of the transportation department in 29 |
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85 | 85 | | any retirement program for state employees, only as may be 30 |
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86 | 86 | | provided by law; and 31 |
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87 | 87 | | (6) Of administering and enforcing any state motor 32 |
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88 | 88 | | vehicle laws or traffic regulations. 33 |
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89 | 89 | | 3. Beginning in fiscal year 2004, the total amount of 34 |
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90 | 90 | | appropriations from t he state highways and transportation 35 |
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91 | 91 | | department fund for all state offices and departments, 36 |
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92 | 92 | | except for the highway patrol, and actual costs incurred by 37 |
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93 | 93 | | the office of administration for or on behalf of the highway 38 |
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94 | 94 | | patrol and employees of the department of transportation, 39 |
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95 | 95 | | shall not exceed the total amount appropriated for such 40 |
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96 | 96 | | offices and departments from said fund for fiscal year 41 |
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97 | 97 | | 2001. Appropriations to the highway patrol from the state 42 SB 586 4 |
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98 | 98 | | highways and transportation department fund shall be made in 43 |
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99 | 99 | | accordance with Article IV, Section 30(b) of the Missouri 44 |
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100 | 100 | | Constitution. Appropriations allocated from the state 45 |
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101 | 101 | | highways and transportation department fund to the highway 46 |
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102 | 102 | | patrol shall only be used by the highway patrol to 47 |
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103 | 103 | | administer and enforce state m otor vehicle laws or traffic 48 |
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104 | 104 | | regulations. Beginning July 1, 2007, any activities or 49 |
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105 | 105 | | functions conducted by the highway patrol not related to 50 |
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106 | 106 | | enforcing or administering state motor vehicle laws or 51 |
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107 | 107 | | traffic regulations shall not be funded by the state 52 |
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108 | 108 | | highways and transportation department fund, but shall be 53 |
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109 | 109 | | funded from general revenue or any other applicable source. 54 |
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110 | 110 | | Any current funding from the highways and transportation 55 |
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111 | 111 | | department fund used for activities not related to enforcing 56 |
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112 | 112 | | state motor vehicle laws or traffic regulations shall expire 57 |
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113 | 113 | | on June 30, 2007. The state auditor shall annually audit 58 |
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114 | 114 | | and examine the appropriations made to the highway patrol to 59 |
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115 | 115 | | determine whether such appropriations are actually being 60 |
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116 | 116 | | used for administering and enfo rcing state motor vehicle 61 |
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117 | 117 | | laws and traffic regulations pursuant to the constitution. 62 |
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118 | 118 | | The state auditor shall submit its annual findings to the 63 |
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119 | 119 | | general assembly by January fifteenth of each year. 64 |
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120 | 120 | | 4. The provisions of subsection 3 of this section 65 |
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121 | 121 | | shall not apply to appropriations from the state highways 66 |
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122 | 122 | | and transportation department fund to the highways and 67 |
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123 | 123 | | transportation commission and the state transportation 68 |
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124 | 124 | | department or to appropriations to the office of 69 |
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125 | 125 | | administration for department of tr ansportation employee 70 |
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126 | 126 | | fringe benefits and OASDHI payments, or to appropriations to 71 |
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127 | 127 | | the department of revenue for motor vehicle fuel tax refunds 72 |
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128 | 128 | | under chapter 142 or to appropriations to the department of 73 SB 586 5 |
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129 | 129 | | revenue for refunds or overpayments or erroneous payments 74 |
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130 | 130 | | from the state highways and transportation department fund. 75 |
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131 | 131 | | 5. All interest earned upon the state highways and 76 |
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132 | 132 | | transportation department fund shall be deposited in and to 77 |
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133 | 133 | | the credit of such fund. 78 |
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134 | 134 | | 6. Any balance remaining in said fu nd after payment of 79 |
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135 | 135 | | said costs shall be transferred to the state road fund. 80 |
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136 | 136 | | 7. Notwithstanding the provisions of subsection 2 of 81 |
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137 | 137 | | this section to the contrary, any funds raised as a result 82 |
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138 | 138 | | of increased taxation pursuant to sections 142.025 and 83 |
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139 | 139 | | 142.372 after April 1, 1992, shall not be used for 84 |
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140 | 140 | | administrative purposes or administrative expenses of the 85 |
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141 | 141 | | transportation department. 86 |
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142 | 142 | | 226.220. 1. There is hereby created and set up the 1 |
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143 | 143 | | "State Road Fund" which shall receive all moneys and credits 2 |
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144 | 144 | | from 3 |
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145 | 145 | | (1) The sale of state road bonds; 4 |
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146 | 146 | | (2) [The United States government and intended for 5 |
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147 | 147 | | highway purposes; 6 |
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148 | 148 | | (3)] The state road bond and interest sinking fund as 7 |
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149 | 149 | | provided in section 226.210; and 8 |
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150 | 150 | | [(4)] (3) Any other source [if they are] required 9 |
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151 | 151 | | under Section 30(b), Article IV, of the Constitution to be 10 |
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152 | 152 | | held for expenditure by or under the department of 11 |
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153 | 153 | | transportation or the state highways and transportation 12 |
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154 | 154 | | commission [and if they are not required by section 226.2 00 13 |
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155 | 155 | | to be transferred to the state highway department fund ]. 14 |
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156 | 156 | | 2. The costs and expenses withdrawn from the state 15 |
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157 | 157 | | treasury 16 |
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158 | 158 | | (1) For locating, relocating, establishing, acquiring, 17 |
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159 | 159 | | reimbursing for, constructing, improving and maintaining 18 SB 586 6 |
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160 | 160 | | state highways in the systems specified in Article IV, 19 |
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161 | 161 | | Section 30(b), of the Constitution; 20 |
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162 | 162 | | (2) For acquiring materials, equipment and buildings; 21 |
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163 | 163 | | and 22 |
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164 | 164 | | (3) For other purposes and contingencies relating and 23 |
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165 | 165 | | appertaining to the construction and maintenan ce of said 24 |
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166 | 166 | | highways; 25 |
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167 | 167 | | Shall be paid from the state road fund upon warrants drawn 26 |
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168 | 168 | | by the state auditor, based upon bills of particulars and 27 |
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169 | 169 | | vouchers preapproved and certified for payment by the 28 |
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170 | 170 | | commissioner of administration and by the state highways and 29 |
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171 | 171 | | transportation commission acting through such of their 30 |
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172 | 172 | | employees as may be designated by them. 31 |
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173 | 173 | | 3. No payments or transfers shall ever be made from 32 |
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174 | 174 | | the state road fund except for an expenditure made 33 |
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175 | 175 | | (1) Under the supervision and direction of the state 34 |
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176 | 176 | | highways and transportation commission; and 35 |
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177 | 177 | | (2) For a purpose set out in Subparagraph (1), (2), 36 |
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178 | 178 | | (3), (4), or (5) of Subsection 1 of Section 30(b), Article 37 |
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179 | 179 | | IV, of the Constitution. 38 |
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180 | 180 | | 226.221. 1. There is hereby created and set up the 1 |
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181 | 181 | | "Federal Road Fund", which shall receive all moneys and 2 |
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182 | 182 | | credits from: 3 |
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183 | 183 | | (1) The United States government and intended for 4 |
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184 | 184 | | highway purposes; and 5 |
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185 | 185 | | (2) All other revenue intended for highway purposes 6 |
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186 | 186 | | and received or held for expen diture by or under the 7 |
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187 | 187 | | department of transportation or the state highways and 8 |
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188 | 188 | | transportation commission, except: 9 |
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189 | 189 | | (a) Moneys and credits from the sale of state road 10 |
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190 | 190 | | bonds; 11 SB 586 7 |
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191 | 191 | | (b) The state road bond and interest sinking fund as 12 |
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192 | 192 | | provided in section 226.210; and 13 |
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193 | 193 | | (c) State revenue derived from highway users as an 14 |
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194 | 194 | | incident to their use or right to use the highways of the 15 |
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195 | 195 | | state as provided in Section 30(b), Article IV, of the 16 |
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196 | 196 | | Constitution. 17 |
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197 | 197 | | 2. The state treasurer shall be custodian of t he 18 |
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198 | 198 | | fund. No money shall be withdrawn from the fund except by 19 |
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199 | 199 | | warrant drawn in accordance with an appropriation made by 20 |
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200 | 200 | | the general assembly. In accordance with sections 30.170 21 |
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201 | 201 | | and 30.180, the state treasurer may approve disbursements. 22 |
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202 | 202 | | The fund shall be a dedicated fund and money in the fund 23 |
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203 | 203 | | shall be used solely by the department of transportation for 24 |
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204 | 204 | | highway purposes. 25 |
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205 | 205 | | 3. Notwithstanding the provisions of section 33.080 to 26 |
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206 | 206 | | the contrary, any moneys remaining in the fund at the end of 27 |
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207 | 207 | | the biennium shall not revert to the credit of the general 28 |
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208 | 208 | | revenue fund. 29 |
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209 | 209 | | 4. The state treasurer shall invest moneys in the fund 30 |
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210 | 210 | | in the same manner as other funds are invested. Any 31 |
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211 | 211 | | interest and moneys earned on such investments shall be 32 |
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212 | 212 | | credited to the fund. 33 |
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