Effective - 28 Aug 1999
389.612. Grade crossing safety account created — fee charged, amount — who must pay — purpose and use of fund — transfer to state road fund, when. — 1. The owner of a motor vehicle shall pay a railroad crossing safety fee of twenty-five cents when such person registers or renews the registration of a motor vehicle. All revenue collected by the director of revenue pursuant to this section shall be deposited in the state treasury to the credit of the state highways and transportation department fund in an account to be known as the "Grade Crossing Safety Account", which is hereby created.
2. Funds from the grade crossing safety account shall be used for installation, construction or reconstruction of automatic signals or other safety devices or other safety improvements at crossings of railroads and public roads, streets or highways. That portion of the costs proportioned to the state, county, municipality or other public authority in interest, for installation, construction or reconstruction of automatic signals or other safety devices or other safety improvements at crossings of railroads and public roads, streets or highways which the division of motor carrier and railroad safety orders pursuant to section 389.610 shall be paid out of the grade crossing safety account, except that when any part of such costs can be paid from funds available under any federal program or the Federal-Aid Highway Act such part shall not be paid from the grade crossing safety account. No more than ninety percent of the cost of improving any grade crossing shall be paid out of the grade crossing safety account. The division shall, in cooperation with other governmental agencies of the state, determine if any portion of the cost can be paid from funds available pursuant to any federal program or the Federal-Aid Highway Act. The division may order the payment of the amount determined pursuant to section 389.610 to the person, firm, or corporation entitled thereto from the grade crossing safety account. Notwithstanding any other provision of this section to the contrary, the division of motor carrier and railroad safety within the department of economic development may expend annually out of the grade crossing safety account an amount not greater than one hundred thousand dollars of the total annual receipts deposited in the state treasury to the credit of such account to pay for administrative expenses of the division incurred in carrying out the division's railroad grade crossing closure program. The provisions of this section shall not limit or enlarge the division's expenditures out of the grade crossing safety account for any other purposes or the division's expenditures out of any other account or fund.
3. Notwithstanding the provisions of section 33.080 to the contrary, moneys in the grade crossing safety account shall not be transferred and placed to the credit of the state road fund until the amount in the account at the end of the biennium exceeds two times the amount encumbered from the account to carry out the purposes of this section in the preceding fiscal year. The amount, if any, in the account which shall be transferred to the credit of the state road fund shall be that amount in the account which exceeds two times the amount encumbered from the account to carry out the purposes of this section in the preceding fiscal year.
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(L. 1992 S.B. 765 § 1, A.L. 1999 H.B. 678)
CROSS REFERENCE:
Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008
Structure Missouri Revised Statutes
Title XXV - Incorporation and Regulation of Certain Utilities and Carriers
Chapter 389 - Regulation of Railroad Corporations
Section 389.005 - Division, transferred to department of transportation.
Section 389.007 - Official Missouri railroad, when designated.
Section 389.060 - Ejection of passengers, when lawful.
Section 389.320 - Pooling prohibited.
Section 389.540 - Shipments of grain in bulk.
Section 389.550 - Consignments to elevators declared temporary.
Section 389.560 - Time allowed for removing grain from cars.
Section 389.620 - Railroads required to pave right-of-way at street crossings.
Section 389.630 - Railroad failing to pave, city to proceed, how.
Section 389.645 - Crossing in city, town or village, division may regulate, when.
Section 389.650 - Lawful fences, gates, who may build — trespassers.
Section 389.653 - Trespass to railroad property, penalties.
Section 389.670 - Storm sewers along railroad right-of-way in cities or towns under 30,000.
Section 389.680 - Railroad storm sewers — intersection with city sewer system.
Section 389.690 - Railroad storm sewers — liability for damages — penalties.
Section 389.700 - Application of sections 389.700 to 389.730 — term railroad defined.
Section 389.710 - Lights to be placed on certain switches, when, by whom.
Section 389.730 - Liability for noncompliance — action for damages.
Section 389.790 - Safety switch appliances and guard rails to be maintained — penalty.
Section 389.795 - Walkways and handrails on bridges and trestles.
Section 389.797 - Employee walkways to be kept clear, enforcement.
Section 389.800 - Contributory negligence not to relieve from liability.
Section 389.810 - Engines to be equipped with power drive wheel brakes.
Section 389.820 - Safety appliances — automatic couplers.
Section 389.830 - Standard drawbars to be used — height of same.
Section 389.840 - Cars to be equipped with air or power brakes.
Section 389.850 - Application of provisions of sections 389.810 to 389.870.
Section 389.860 - Penalty for violation of sections 389.810 to 389.870 — suit, where brought.
Section 389.870 - Employee not guilty of contributory negligence, when.
Section 389.900 - Locomotives to be equipped with electric headlights — power of same — exceptions.
Section 389.920 - First aid kits, duty of railroad to provide — rules regulating.
Section 389.990 - Bell and whistle at crossings — penalty.
Section 389.991 - Definitions.
Section 389.992 - Division of motor carrier and railroad safety regulations.
Section 389.996 - Investigation of accidents, notice of an accident.
Section 389.999 - Causes of action existing prior to August 13, 1988.