Effective - 28 Aug 2002
226.200. State highways and transportation department fund — sources of revenue — expenditures. — 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) Of maintaining the state transportation department;
(4) Of any workers' compensation for state transportation department employees;
(5) Of the share of the transportation department in any retirement program for state employees, only as may be provided by law; and
(6) Of administering and enforcing any state motor vehicle laws or traffic regulations.
3. Beginning in fiscal year 2004, the total amount of appropriations from the state highways and transportation department fund for all state offices and departments, except for the highway patrol, and actual costs incurred by the office of administration for or on behalf of the highway patrol and employees of the department of transportation, shall not exceed the total amount appropriated for such offices and departments from said fund for fiscal year 2001. Appropriations to the highway patrol from the state highways and transportation department fund shall be made in accordance with Article IV, Section 30(b) of the Missouri Constitution. Appropriations allocated from the state highways and transportation department fund to the highway patrol shall only be used by the highway patrol to administer and enforce state motor vehicle laws or traffic regulations. Beginning July 1, 2007, any activities or functions conducted by the highway patrol not related to enforcing or administering state motor vehicle laws or traffic regulations shall not be funded by the state highways and transportation department fund, but shall be funded from general revenue or any other applicable source. Any current funding from the highways and transportation department fund used for activities not related to enforcing state motor vehicle laws or traffic regulations shall expire on June 30, 2007. The state auditor shall annually audit and examine the appropriations made to the highway patrol to determine whether such appropriations are actually being used for administering and enforcing state motor vehicle laws and traffic regulations pursuant to the constitution. The state auditor shall submit its annual findings to the general assembly by January fifteenth of each year.
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 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 after April 1, 1992, shall not be used for administrative purposes or administrative expenses of the transportation department.
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(RSMo 1939 § 8809, A.L. 1945 p. 1467, A.L. 1987 S.B. 135 & 63, A.L. 1988 H.B. 1790, A.L. 1992 H.B. 1247, A.L. 1996 H.B. 991, A.L. 2000 H.B. 1742, A.L. 2002 H.B. 1196)
Prior revision: 1929 § 8144
CROSS REFERENCES:
Costs of control of Johnson grass on right-of-way, how paid, 263.265
Drivers license fees to be credited to highway department fund, 302.228
Motor vehicle commission fund, certain licensing fees to be paid into fund, 301.560
Source, application and allocation of highways and transportation funds, Const. Art. IV §§ 30(b), 32
Transportation department employees and highway patrol retirement system, Chap. 104
Structure Missouri Revised Statutes
Title XIV - Roads and Waterways
Chapter 226 - Department of Transportation
Section 226.007 - Transfer of agencies.
Section 226.010 - Definitions.
Section 226.020 - State highways and transportation commission created.
Section 226.030 - Number of members — qualifications — term — removal — compensation.
Section 226.033 - Prohibited acts by certain commissioners.
Section 226.033 - Prohibited acts by certain commissioners.
Section 226.050 - Secretary to be appointed — duties and powers.
Section 226.070 - Attorney general shall advise commission, when.
Section 226.080 - Salaries, how fixed — veterans' preference authorized.
Section 226.095 - Arbitration for negligence actions, when.
Section 226.100 - Principal office to be in Jefferson City — persons authorized to administer oaths.
Section 226.120 - Chairman and vice chairman, election, term — quorum — monthly meeting, required.
Section 226.130 - Duties and powers of commission — rulemaking, procedure.
Section 226.134 - Projects funded by bonds to conform with priorities of 1992 plan, exception.
Section 226.140 - Audit of records, when — plan to modernize transportation system, report.
Section 226.170 - Election of state highways and transportation commission, how construed.
Section 226.181 - Parks, requests for federal aid, notice to be given department.
Section 226.190 - Assent to act of Congress for aid to state roads.
Section 226.210 - Road bond interest and sinking fund.
Section 226.220 - State road fund — sources — expenditures.
Section 226.225 - State transportation fund established, purposes.
Section 226.230 - Auditor, treasurer and highways and transportation commission — duties.
Section 226.250 - Authorized to acquire, by lease, purchase, or condemnation, plants or factories.
Section 226.270 - Method of procedure in case of condemnation proceedings.
Section 226.280 - Definitions.
Section 226.290 - Interpretations.
Section 226.300 - Purpose of law.
Section 226.310 - Duties and powers of state transportation department.
Section 226.320 - State agencies to cooperate.
Section 226.330 - State transportation department to accept donations of and acquire lands.
Section 226.340 - Area to be provided for parkway purposes.
Section 226.350 - State to convey necessary areas in fee simple to United States.
Section 226.360 - Political subdivisions to convey parkway areas.
Section 226.370 - Areas to be in accordance with preliminary development and property maps.
Section 226.380 - Areas prohibited from certain uses.
Section 226.390 - Use of existing highways in connection with parkways — conditions.
Section 226.400 - Concurrent jurisdiction ceded to United States.
Section 226.410 - All other powers preserved to state.
Section 226.420 - Powers and duties of state transportation department in parkway area.
Section 226.430 - Powers to be exercised when funds are appropriated.
Section 226.440 - Commission established.
Section 226.445 - Commission members, number, term, appointment — compensation — staff.
Section 226.450 - Meetings, number required annually — called how — quorum.
Section 226.455 - Commission's duties.
Section 226.460 - Commission's powers.
Section 226.465 - State agencies to cooperate.
Section 226.490 - Official highway maps — certain attractions to be designated, when.
Section 226.500 - Purpose of law.
Section 226.501 - Tenth amendment to United States Constitution quoted.
Section 226.502 - Legislative intent — funds to be used.
Section 226.510 - Definitions.
Section 226.520 - Permitted signs — specifications.
Section 226.530 - Permits — rulemaking.
Section 226.532 - Attorney general to represent the state in certain actions.
Section 226.545 - Landmark signs, permitted when.
Section 226.560 - Certain provisions to affect subsequently erected signs only.
Section 226.573 - Rulemaking — new technology in outdoor advertising.
Section 226.585 - Vegetation along right-of-way, cutting of — transportation department, duties.
Section 226.590 - Matching funds — source.
Section 226.650 - Purpose of law.
Section 226.660 - Definitions.
Section 226.670 - Licenses — fee.
Section 226.680 - Prohibited areas — exceptions.
Section 226.690 - Preexisting junkyards — screening — removal.
Section 226.700 - Rules authorized — injunctive relief.
Section 226.710 - Unlicensed junkyard — penalty.
Section 226.720 - Unscreened junkyards near state and county roads prohibited — penalty.
Section 226.750 - Beautification, rest, recreational areas authorized.
Section 226.760 - Acquisition, condemnation authority.
Section 226.770 - Authority to contract with public agencies for funds.
Section 226.780 - Expenditures limited to federal funds, when.
Section 226.790 - Commercial facilities within rest or recreation areas prohibited.
Section 226.792 - U.S. Route 66, original roads and highways to be renamed "Route 66".
Section 226.795 - Scenic road, State Highway 19 designation, duties.
Section 226.796 - U.S. Highway 66 designated historic highway — duties — costs, how paid.
Section 226.800 - Marking national historic trails with approved signs — donations.
Section 226.801 - Signs and outdoor advertising, rules and regulations.
Section 226.907 - Minority-owned construction companies not required, when.
Section 226.910 - Contract requirements not in compliance with federal law to be null and void.
Section 226.950 - Definitions.
Section 226.975 - Commission not required to file plans.
Section 226.1115 - Property removed from roadway to be taken to shoulder or berm of roadway.