28-6302. Transportation excise tax
distribution; counties with one million two hundred thousand or
more persons; regional area road fund
A. In a county with a population of one million two hundred thousand or more
persons, the officer collecting transportation excise tax monies pursuant to section
42-6104 or 42-6105 that are designated for deposit in the regional area road fund shall
immediately transfer the monies to the state treasurer. The state treasurer shall
deposit the monies in a fund designated for the county as the regional area road
fund. The state treasurer shall hold monies in the regional area road fund as a trustee
for the county.
B. Except as provided in this article, the county in which the transportation
excise taxes are levied has the beneficial interest in the regional area road fund. This
state has no beneficial interest in the regional area road fund except as an obligee for
reimbursement of state monies that are advanced as salaries or expenses by this state or
the department and that are to be repaid by the regional area road fund.
C. Monies and investments within the regional area road fund may be used and spent
only as provided in this chapter. An appropriation of any nature shall not be required
before the expenditure of monies from the regional area road fund. Monies in the bond
proceeds account or construction account of a regional area road fund may be obligated
for payment in future years for the purpose of right-of-way acquisition subject to the
limitations prescribed in sections 28-7001, 28-7002 and 42-6105, subsection E, paragraphs
1 and 2. The state treasurer shall make payments from the regional area road fund by
check, and a warrant or voucher is not necessary. Subject to the powers granted to the
board in chapter 21, article 2 of this title, the director shall administer monies
deposited in the regional area road fund.
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