640.235. Damages received, use, limit, purpose--additional funds used, when--funds transferred, when, how much. - Missouri Statutes

Damages received, use, limit, purpose--additional funds used,when--funds transferred, when, how much.

640.235. 1. Damages received pursuant to this act shall be used solelyfor the following purposes, subject to appropriation: Ten percent of eachreceipt of natural resources damages shall be deposited in the chemicalemergency preparedness fund, established under section 292.607, RSMo, not toexceed one hundred thousand dollars per year from all receipts of naturalresources damages.

2. All remaining moneys received from damages after moneys have beenmade available for chemical emergency preparedness under subsection 1 of thissection shall be deposited in the natural resources protection fund created bythe provisions of section 640.220 and, subject to appropriation, shall be usedsolely for the following purposes:

(1) To pay for restoration or rehabilitation of the injured or destroyednatural resources by the state agency bringing the action for damages;

(2) To pay for the development of or restoration of a natural resourcesimilar to that which was damaged or destroyed;

(3) To provide funds for the department of natural resources and thedepartment of conservation for reasonable costs incurred in obtaining anassessment of such injury, destruction, or loss of natural resources,including expenses.

3. In addition, moneys in this fund may be used in conjunction withother funds, such as the hazardous waste fund created by the provisions ofsection 260.391, RSMo, only for the purposes of subdivisions (1), (2) and (3)of subsection 1 of this section, except that sums recovered by the state underthe provisions of Title 42, United States Code, part 9607(f), shall beavailable for use only to restore, replace or acquire the equivalent of suchnatural resources by the state.

4. Moneys in the subaccount referred to in section 640.220 may betransferred to the conservation commission fund as reimbursement for expensesincurred by the department of conservation in evaluating or rehabilitatingnatural resource damage and as reimbursement for damages directly attributableto wildlife, fisheries and forestry resources of the state of Missouri andcaused by the specific incident for which natural resources damages werereceived.

5. Notwithstanding the provisions of section 33.080, RSMo, to thecontrary, moneys in the subaccount shall not be transferred to general revenueat the end of each biennium, except that any amount in the subaccount inexcess of two million dollars at the end of each biennium may be transferredto general revenue by appropriation.

(L. 1990 H.B. 1669, A.L. 1992 S.B. 480)