Missouri 2025 Regular Session

Missouri Senate Bill SB586 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 FIRST REGULAR SESSION
55 SENATE BILL NO. 586
66 103RD GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR HOUGH.
88 2225S.01I KRISTINA MARTIN, Secretary
99 AN ACT
1010 To repeal sections 226.150, 226.200, and 226.220, RSMo, and to enact in lieu thereof four new
1111 sections relating to transportation funding.
1212
1313 Be it enacted by the General Assembly of the State of Missouri, as follows:
1414 Section A. Sections 226.150, 226.200, and 226.220, RSMo, 1
1515 are repealed and four new sections enacted in lieu thereof, to 2
1616 be known as sections 226.150, 226.200 , 226.220, and 226.221, to 3
1717 read as follows:4
1818 226.150. The commission is hereby directed to comply 1
1919 with the provisions of any act of Congress providing for the 2
2020 distribution and expenditure of funds of the United States 3
2121 appropriated by Congress for highway system construction, 4
2222 maintenance, or operation , and to comply with any of the 5
2323 rules or conditions made by the Bureau of Public Roads of 6
2424 the Department of Agriculture, or other branch of the United 7
2525 States government, acting under the provisions of federal 8
2626 law in order to secure to the state of Missouri funds 9
2727 allotted to this state by the United States government for 10
2828 highway system construction, maintenance, or operation . 11
2929 [The commission is authorized to pay the state's proportion 12
3030 of the cost of roads constructed with federal and state 13
3131 funds out of the state road fund. ] Any money due to the 14
3232 state of Missouri from the United States, under the 15
3333 provisions of such acts of Congress, relating to highway 16
3434 system construction, maintenance, or ope ration, shall be 17 SB 586 2
3535 received by the state treasury and deposited in [a separate 18
3636 fund, and paid out by the state treasurer on requisitions 19
3737 drawn by an officer of the state highways and transportation 20
3838 commission on a warrant of the state auditor. Said funds 21
3939 being the funds of the federal government allotted to the 22
4040 state of Missouri, no appropriation of the general assembly 23
4141 for the expenditure of such funds shall be necessary ] the 24
4242 federal road fund established in section 226.221 . The 25
4343 commission is authorized to accept, receive and utilize any 26
4444 road machinery, trucks or supplies donated, loaned or sold 27
4545 to the state by the federal government, and to pay the 28
4646 necessary transportation and other expenses of securing the 29
4747 same. The commission may also sell any unnecessary or 30
4848 surplus tools or equipment and receive payment therefor and 31
4949 all money received on account of such sales, if any, shall 32
5050 be immediately paid into the state treasury to the credit of 33
5151 the [state] federal road fund; provided, however, tha t no 34
5252 such unnecessary or surplus tools or equipment shall be sold 35
5353 directly or indirectly by the commission to any employees of 36
5454 the transportation department except when such sales are 37
5555 made at public sale open to the general public. 38
5656 226.200. 1. There is hereby created a "State Highways 1
5757 and Transportation Department Fund" into which shall be paid 2
5858 or transferred all state revenue derived from highway users 3
5959 as an incident to their use or right to use the highways of 4
6060 the state, including all state license fees and taxes upon 5
6161 motor vehicles, trailers, and motor vehicle fuels, and upon, 6
6262 with respect to, or on the privilege of the manufacture, 7
6363 receipt, storage, distribution, sale or use thereof 8
6464 (excepting the sales tax on motor vehic les and trailers, and 9
6565 all property taxes)[, and all other revenue received or held 10 SB 586 3
6666 for expenditure by or under the department of transportation 11
6767 or the state highways and transportation commission, except: 12
6868 (1) Money arising from the sale of bonds; 13
6969 (2) Money received from the United States government; 14
7070 or 15
7171 (3) Money received for some particular use or uses 16
7272 other than for the payment of principal and interest on 17
7373 outstanding state road bonds ]. 18
7474 2. Subject to the limitations of subsect ion 3 of this 19
7575 section, from said fund shall be paid or credited the cost: 20
7676 (1) Of collection of all said state revenue derived 21
7777 from highway users as an incident to their use or right to 22
7878 use the highways of the state; 23
7979 (2) Of maintaining the st ate highways and 24
8080 transportation commission; 25
8181 (3) Of maintaining the state transportation department; 26
8282 (4) Of any workers' compensation for state 27
8383 transportation department employees; 28
8484 (5) Of the share of the transportation department in 29
8585 any retirement program for state employees, only as may be 30
8686 provided by law; and 31
8787 (6) Of administering and enforcing any state motor 32
8888 vehicle laws or traffic regulations. 33
8989 3. Beginning in fiscal year 2004, the total amount of 34
9090 appropriations from t he state highways and transportation 35
9191 department fund for all state offices and departments, 36
9292 except for the highway patrol, and actual costs incurred by 37
9393 the office of administration for or on behalf of the highway 38
9494 patrol and employees of the department of transportation, 39
9595 shall not exceed the total amount appropriated for such 40
9696 offices and departments from said fund for fiscal year 41
9797 2001. Appropriations to the highway patrol from the state 42 SB 586 4
9898 highways and transportation department fund shall be made in 43
9999 accordance with Article IV, Section 30(b) of the Missouri 44
100100 Constitution. Appropriations allocated from the state 45
101101 highways and transportation department fund to the highway 46
102102 patrol shall only be used by the highway patrol to 47
103103 administer and enforce state m otor vehicle laws or traffic 48
104104 regulations. Beginning July 1, 2007, any activities or 49
105105 functions conducted by the highway patrol not related to 50
106106 enforcing or administering state motor vehicle laws or 51
107107 traffic regulations shall not be funded by the state 52
108108 highways and transportation department fund, but shall be 53
109109 funded from general revenue or any other applicable source. 54
110110 Any current funding from the highways and transportation 55
111111 department fund used for activities not related to enforcing 56
112112 state motor vehicle laws or traffic regulations shall expire 57
113113 on June 30, 2007. The state auditor shall annually audit 58
114114 and examine the appropriations made to the highway patrol to 59
115115 determine whether such appropriations are actually being 60
116116 used for administering and enfo rcing state motor vehicle 61
117117 laws and traffic regulations pursuant to the constitution. 62
118118 The state auditor shall submit its annual findings to the 63
119119 general assembly by January fifteenth of each year. 64
120120 4. The provisions of subsection 3 of this section 65
121121 shall not apply to appropriations from the state highways 66
122122 and transportation department fund to the highways and 67
123123 transportation commission and the state transportation 68
124124 department or to appropriations to the office of 69
125125 administration for department of tr ansportation employee 70
126126 fringe benefits and OASDHI payments, or to appropriations to 71
127127 the department of revenue for motor vehicle fuel tax refunds 72
128128 under chapter 142 or to appropriations to the department of 73 SB 586 5
129129 revenue for refunds or overpayments or erroneous payments 74
130130 from the state highways and transportation department fund. 75
131131 5. All interest earned upon the state highways and 76
132132 transportation department fund shall be deposited in and to 77
133133 the credit of such fund. 78
134134 6. Any balance remaining in said fu nd after payment of 79
135135 said costs shall be transferred to the state road fund. 80
136136 7. Notwithstanding the provisions of subsection 2 of 81
137137 this section to the contrary, any funds raised as a result 82
138138 of increased taxation pursuant to sections 142.025 and 83
139139 142.372 after April 1, 1992, shall not be used for 84
140140 administrative purposes or administrative expenses of the 85
141141 transportation department. 86
142142 226.220. 1. There is hereby created and set up the 1
143143 "State Road Fund" which shall receive all moneys and credits 2
144144 from 3
145145 (1) The sale of state road bonds; 4
146146 (2) [The United States government and intended for 5
147147 highway purposes; 6
148148 (3)] The state road bond and interest sinking fund as 7
149149 provided in section 226.210; and 8
150150 [(4)] (3) Any other source [if they are] required 9
151151 under Section 30(b), Article IV, of the Constitution to be 10
152152 held for expenditure by or under the department of 11
153153 transportation or the state highways and transportation 12
154154 commission [and if they are not required by section 226.2 00 13
155155 to be transferred to the state highway department fund ]. 14
156156 2. The costs and expenses withdrawn from the state 15
157157 treasury 16
158158 (1) For locating, relocating, establishing, acquiring, 17
159159 reimbursing for, constructing, improving and maintaining 18 SB 586 6
160160 state highways in the systems specified in Article IV, 19
161161 Section 30(b), of the Constitution; 20
162162 (2) For acquiring materials, equipment and buildings; 21
163163 and 22
164164 (3) For other purposes and contingencies relating and 23
165165 appertaining to the construction and maintenan ce of said 24
166166 highways; 25
167167 Shall be paid from the state road fund upon warrants drawn 26
168168 by the state auditor, based upon bills of particulars and 27
169169 vouchers preapproved and certified for payment by the 28
170170 commissioner of administration and by the state highways and 29
171171 transportation commission acting through such of their 30
172172 employees as may be designated by them. 31
173173 3. No payments or transfers shall ever be made from 32
174174 the state road fund except for an expenditure made 33
175175 (1) Under the supervision and direction of the state 34
176176 highways and transportation commission; and 35
177177 (2) For a purpose set out in Subparagraph (1), (2), 36
178178 (3), (4), or (5) of Subsection 1 of Section 30(b), Article 37
179179 IV, of the Constitution. 38
180180 226.221. 1. There is hereby created and set up the 1
181181 "Federal Road Fund", which shall receive all moneys and 2
182182 credits from: 3
183183 (1) The United States government and intended for 4
184184 highway purposes; and 5
185185 (2) All other revenue intended for highway purposes 6
186186 and received or held for expen diture by or under the 7
187187 department of transportation or the state highways and 8
188188 transportation commission, except: 9
189189 (a) Moneys and credits from the sale of state road 10
190190 bonds; 11 SB 586 7
191191 (b) The state road bond and interest sinking fund as 12
192192 provided in section 226.210; and 13
193193 (c) State revenue derived from highway users as an 14
194194 incident to their use or right to use the highways of the 15
195195 state as provided in Section 30(b), Article IV, of the 16
196196 Constitution. 17
197197 2. The state treasurer shall be custodian of t he 18
198198 fund. No money shall be withdrawn from the fund except by 19
199199 warrant drawn in accordance with an appropriation made by 20
200200 the general assembly. In accordance with sections 30.170 21
201201 and 30.180, the state treasurer may approve disbursements. 22
202202 The fund shall be a dedicated fund and money in the fund 23
203203 shall be used solely by the department of transportation for 24
204204 highway purposes. 25
205205 3. Notwithstanding the provisions of section 33.080 to 26
206206 the contrary, any moneys remaining in the fund at the end of 27
207207 the biennium shall not revert to the credit of the general 28
208208 revenue fund. 29
209209 4. The state treasurer shall invest moneys in the fund 30
210210 in the same manner as other funds are invested. Any 31
211211 interest and moneys earned on such investments shall be 32
212212 credited to the fund. 33
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