226.200. State highways and transportation department fund--sources of revenue--expenditures. - Missouri Statutes

State highways and transportation department fund--sources ofrevenue--expenditures.

226.200. 1. There is hereby created a "State Highways andTransportation Department Fund" into which shall be paid or transferred allstate revenue derived from highway users as an incident to their use orright to use the highways of the state, including all state license feesand 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 motorvehicles and trailers, and all property taxes), and all other revenuereceived or held for expenditure by or under the department oftransportation 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 thepayment of principal and interest on outstanding state road bonds.

2. Subject to the limitations of subsection 3 of this section, fromsaid fund shall be paid or credited the cost:

(1) Of collection of all said state revenue derived from highwayusers as an incident to their use or right to use the highways of thestate;

(2) Of maintaining the state highways and transportation commission;

(3) Of maintaining the state transportation department;

(4) Of any workers' compensation for state transportation departmentemployees;

(5) Of the share of the transportation department in any retirementprogram for state employees, only as may be provided by law; and

(6) Of administering and enforcing any state motor vehicle laws ortraffic regulations.

3. Beginning in fiscal year 2004, the total amount of appropriationsfrom the state highways and transportation department fund for all stateoffices and departments, except for the highway patrol, and actual costsincurred by the office of administration for or on behalf of the highwaypatrol and employees of the department of transportation, shall not exceedthe total amount appropriated for such offices and departments from saidfund for fiscal year 2001. Appropriations to the highway patrol from thestate highways and transportation department fund shall be made inaccordance with article IV, section 30(b) of the Missouri Constitution.Appropriations allocated from the state highways and transportationdepartment fund to the highway patrol shall only be used by the highwaypatrol to administer and enforce state motor vehicle laws or trafficregulations. Beginning July 1, 2007, any activities or functions conductedby the highway patrol not related to enforcing or administering state motorvehicle laws or traffic regulations shall not be funded by the statehighways and transportation department fund, but shall be funded fromgeneral revenue or any other applicable source. Any current funding fromthe highways and transportation department fund used for activities notrelated to enforcing state motor vehicle laws or traffic regulations shallexpire on June 30, 2007. The state auditor shall annually audit andexamine the appropriations made to the highway patrol to determine whethersuch appropriations are actually being used for administering and enforcingstate motor vehicle laws and traffic regulations pursuant to theconstitution. The state auditor shall submit its annual findings to thegeneral assembly by January fifteenth of each year.

4. The provisions of subsection 3 of this section shall not apply toappropriations from the state highways and transportation department fundto the highways and transportation commission and the state transportationdepartment or to appropriations to the office of administration fordepartment of transportation employee fringe benefits and OASDHI payments,or to appropriations to the department of revenue for motor vehicle fueltax refunds under chapter 142, RSMo, or to appropriations to the departmentof revenue for refunds or overpayments or erroneous payments from the statehighways and transportation department fund.

5. All interest earned upon the state highways and transportationdepartment fund shall be deposited in and to the credit of such fund.

6. Any balance remaining in said fund after payment of said costsshall be transferred to the state road fund.

7. Notwithstanding the provisions of subsection 2 of this section tothe contrary, any funds raised as a result of increased taxation pursuantto sections 142.025 and 142.372, RSMo, after April 1, 1992, shall not beused for administrative purposes or administrative expenses of thetransportation department.

(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, RSMo 263.265

Drivers license fees to be credited to highway department fund, RSMo 302.228

Motor vehicle commission fund, certain licensing fees to be paid into fund, RSMo 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, RSMo