Grade crossing safety account created--fee charged, amount--who mustpay--purpose and use of fund--transfer to state road fund, when.
389.612. 1. The owner of a motor vehicle shall pay a railroadcrossing safety fee of twenty-five cents when such person registers orrenews the registration of a motor vehicle. All revenue collected by thedirector of revenue pursuant to this section shall be deposited in thestate treasury to the credit of the state highways and transportationdepartment fund in an account to be known as the "Grade Crossing SafetyAccount", which is hereby created.
2. Funds from the grade crossing safety account shall be used forinstallation, construction or reconstruction of automatic signals or othersafety devices or other safety improvements at crossings of railroads andpublic roads, streets or highways. That portion of the costs proportionedto the state, county, municipality or other public authority in interest,for installation, construction or reconstruction of automatic signals orother safety devices or other safety improvements at crossings of railroadsand public roads, streets or highways which the division of motor carrierand railroad safety orders pursuant to section 389.610 shall be paid out ofthe grade crossing safety account, except that when any part of such costscan be paid from funds available under any federal program or theFederal-Aid Highway Act such part shall not be paid from the grade crossingsafety account. No more than ninety percent of the cost of improving anygrade crossing shall be paid out of the grade crossing safety account. Thedivision shall, in cooperation with other governmental agencies of thestate, determine if any portion of the cost can be paid from fundsavailable pursuant to any federal program or the Federal-Aid Highway Act.The division may order the payment of the amount determined pursuant tosection 389.610 to the person, firm, or corporation entitled thereto fromthe grade crossing safety account. Notwithstanding any other provision ofthis section to the contrary, the division of motor carrier and railroadsafety within the department of economic development may expend annuallyout of the grade crossing safety account an amount not greater than onehundred thousand dollars of the total annual receipts deposited in thestate treasury to the credit of such account to pay for administrativeexpenses of the division incurred in carrying out the division's railroadgrade crossing closure program. The provisions of this section shall notlimit or enlarge the division's expenditures out of the grade crossingsafety account for any other purposes or the division's expenditures out ofany other account or fund.
3. Notwithstanding the provisions of section 33.080, RSMo, to thecontrary, moneys in the grade crossing safety account shall not betransferred and placed to the credit of the state road fund until theamount in the account at the end of the biennium exceeds two times theamount encumbered from the account to carry out the purposes of thissection in the preceding fiscal year. The amount, if any, in the accountwhich shall be transferred to the credit of the state road fund shall bethat amount in the account which exceeds two times the amount encumberedfrom the account to carry out the purposes of this section in the precedingfiscal year.
(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, RSMo 226.008
Grade crossing safety account created--fee charged, amount--who mustpay--purpose and use of fund--transfer to state road fund, when.
389.612. 1. The owner of a motor vehicle shall pay a railroadcrossing safety fee of twenty-five cents when such person registers orrenews the registration of a motor vehicle. All revenue collected by thedirector of revenue pursuant to this section shall be deposited in thestate treasury to the credit of the state highways and transportationdepartment fund in an account to be known as the "Grade Crossing SafetyAccount", which is hereby created.
2. Funds from the grade crossing safety account shall be used forinstallation, construction or reconstruction of automatic signals or othersafety devices or other safety improvements at crossings of railroads andpublic roads, streets or highways. That portion of the costs proportionedto the state, county, municipality or other public authority in interest,for installation, construction or reconstruction of automatic signals orother safety devices or other safety improvements at crossings of railroadsand public roads, streets or highways which the division of motor carrierand railroad safety orders pursuant to section 389.610 shall be paid out ofthe grade crossing safety account, except that when any part of such costscan be paid from funds available under any federal program or theFederal-Aid Highway Act such part shall not be paid from the grade crossingsafety account. No more than ninety percent of the cost of improving anygrade crossing shall be paid out of the grade crossing safety account. Thedivision shall, in cooperation with other governmental agencies of thestate, determine if any portion of the cost can be paid from fundsavailable pursuant to any federal program or the Federal-Aid Highway Act.The division may order the payment of the amount determined pursuant tosection 389.610 to the person, firm, or corporation entitled thereto fromthe grade crossing safety account. Notwithstanding any other provision ofthis section to the contrary, the division of motor carrier and railroadsafety within the department of economic development may expend annuallyout of the grade crossing safety account an amount not greater than onehundred thousand dollars of the total annual receipts deposited in thestate treasury to the credit of such account to pay for administrativeexpenses of the division incurred in carrying out the division's railroadgrade crossing closure program. The provisions of this section shall notlimit or enlarge the division's expenditures out of the grade crossingsafety account for any other purposes or the division's expenditures out ofany other account or fund.
3. Notwithstanding the provisions of section 33.080, RSMo, to thecontrary, moneys in the grade crossing safety account shall not betransferred and placed to the credit of the state road fund until theamount in the account at the end of the biennium exceeds two times theamount encumbered from the account to carry out the purposes of thissection in the preceding fiscal year. The amount, if any, in the accountwhich shall be transferred to the credit of the state road fund shall bethat amount in the account which exceeds two times the amount encumberedfrom the account to carry out the purposes of this section in the precedingfiscal year.
(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, RSMo 226.008
Grade crossing safety account created--fee charged, amount--who mustpay--purpose and use of fund--transfer to state road fund, when.
389.612. 1. The owner of a motor vehicle shall pay a railroadcrossing safety fee of twenty-five cents when such person registers orrenews the registration of a motor vehicle. All revenue collected by thedirector of revenue pursuant to this section shall be deposited in thestate treasury to the credit of the state highways and transportationdepartment fund in an account to be known as the "Grade Crossing SafetyAccount", which is hereby created.
2. Funds from the grade crossing safety account shall be used forinstallation, construction or reconstruction of automatic signals or othersafety devices or other safety improvements at crossings of railroads andpublic roads, streets or highways. That portion of the costs proportionedto the state, county, municipality or other public authority in interest,for installation, construction or reconstruction of automatic signals orother safety devices or other safety improvements at crossings of railroadsand public roads, streets or highways which the division of motor carrierand railroad safety orders pursuant to section 389.610 shall be paid out ofthe grade crossing safety account, except that when any part of such costscan be paid from funds available under any federal program or theFederal-Aid Highway Act such part shall not be paid from the grade crossingsafety account. No more than ninety percent of the cost of improving anygrade crossing shall be paid out of the grade crossing safety account. Thedivision shall, in cooperation with other governmental agencies of thestate, determine if any portion of the cost can be paid from fundsavailable pursuant to any federal program or the Federal-Aid Highway Act.The division may order the payment of the amount determined pursuant tosection 389.610 to the person, firm, or corporation entitled thereto fromthe grade crossing safety account. Notwithstanding any other provision ofthis section to the contrary, the division of motor carrier and railroadsafety within the department of economic development may expend annuallyout of the grade crossing safety account an amount not greater than onehundred thousand dollars of the total annual receipts deposited in thestate treasury to the credit of such account to pay for administrativeexpenses of the division incurred in carrying out the division's railroadgrade crossing closure program. The provisions of this section shall notlimit or enlarge the division's expenditures out of the grade crossingsafety account for any other purposes or the division's expenditures out ofany other account or fund.
3. Notwithstanding the provisions of section 33.080, RSMo, to thecontrary, moneys in the grade crossing safety account shall not betransferred and placed to the credit of the state road fund until theamount in the account at the end of the biennium exceeds two times theamount encumbered from the account to carry out the purposes of thissection in the preceding fiscal year. The amount, if any, in the accountwhich shall be transferred to the credit of the state road fund shall bethat amount in the account which exceeds two times the amount encumberedfrom the account to carry out the purposes of this section in the precedingfiscal year.
(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, RSMo 226.008
