226.220. State road fund — sources — expenditures. — 1. There is hereby created and set up the "State Road Fund" which shall receive all moneys and credits from
(1) The sale of state road bonds;
(2) The United States government and intended for highway purposes;
(3) The state road bond and interest sinking fund as provided in section 226.210; and
(4) Any other source if they are held for expenditure by or under the department of transportation or the state highways and transportation commission and if they are not required by section 226.200 to be transferred to the state highway department fund.
2. The costs and expenses withdrawn from the state treasury
(1) For locating, relocating, establishing, acquiring, reimbursing for, constructing, improving and maintaining state highways in the systems specified in Article IV, Section 30(b), of the Constitution;
(2) For acquiring materials, equipment and buildings; and
(3) For other purposes and contingencies relating and appertaining to the construction and maintenance of said highways shall be paid from the state road fund upon warrants drawn by the state auditor, based upon bills of particulars and vouchers preapproved and certified for payment by the commissioner of administration and by the state highways and transportation commission acting through such of their employees as may be designated by them.
3. No payments or transfers shall ever be made from the state road fund except for an expenditure made
(1) Under the supervision and direction of the state highways and transportation commission; and
(2) For a purpose set out in Subparagraph (1), (2), (3), (4), or (5) of Section 30(b), Article IV, of the Constitution.
Notes of Decisions
State High. Comm'n of Missouri v. Spainhower, 504 S.W.2d 121 (Mo. 1973).
· cites it 7× “]” Section 226.220, RSMo 1969, V.A.M.S.: “There is hereby created and set up the state road fund which shall receive all moneys and credits from [enumerated sources].”
Tri-Cnty. Levee Dist. v. Missouri High. & Transp. Comm'n, 42 S.W.3d 779 (Mo. Ct. App. 2001).
· cites it 6× “Section 226.220, RSMo 1994, the statute that creates and establishes state road funds, provides that those funds shall be used for “maintaining state highways in the systems specified in article TV, section 30(b) of the constitution.”
In re Fabius River Drainage Dist., 35 S.W.3d 473 (Mo. Ct. App. 2000).
· cites it 4× “Section 226.220, the statute that creates and establishes state road funds, provides that those funds shall be used for, inter alia, “maintaining state highways in the systems specified in article IV, section 30(b) of the constitution.”
State Highways & Transp. Comm'n v. Dir., 672 S.W.2d 953 (Mo. 1984).
· cites it 3× “210, RSMo 1978) and the State Road Fund (§ 226.220, RSMo 1978). Pursuant to § 30(b), if the fees constitute “revenue derived from highway users”, they must be credited ultimately to the State Road Fund, not the GR Fund.”
State ex rel. Missouri High. & Transp. Comm'n v. Sweeney, 933 S.W.2d 908 (Mo. Ct. App. 1996).
· cites it 2× “IV, § 30(b), Constitution of Missouri (1945, amended 1962), and § 226.220, RSMo 1969, barred the use of any money in the state road fund for any purpose other than the highway purposes enumerated in those provisions.”
Joseph L. Pohl, Contractor v. State High. Comm'n, 431 S.W.2d 99 (Mo. 1968).
“IV of the constitution, see § 226.220, subd. 3 and prior acts, providing that “No payments or transfers shall ever be made from the state road fund except for an expenditure made * * * [f]or a purpose set out in subparagraphs (1), (2), (3), (4), or (5) of section 30, article IV,…”
State ex rel. State High. Comm'n v. Pub. Serv. Comm'n, 459 S.W.2d 736 (Mo. Ct. App. 1970).
· cites it 2× “Finally the Constitution and laws of Missouri specifically require that expenditure of highway funds be only under the supervision and direction of state highway employees (Article IV, Section 30, Constitution of Missouri, 1945; Section 226.220, subd. 3, RSMo 1959, V.A.”
De Mere v. Missouri State High. & Transp. Comm'n, 876 S.W.2d 652 (Mo. Ct. App. 1994).
· cites it 3× “Appellants alleged in their petition that the proposed mitigation plan is not authorized under section 226.220, RSMo 1986, and Article IV, § 30(b)(1) of the Missouri Constitution which limit the expenditure of state road funds to the location, relocation, establishment,…”
Mo. High. & Transp. Com'n v. Sweeney, 933 S.W.2d 908 (Mo. Ct. App. 1996).
· cites it 2× “IV, § 30(b), Constitution of Missouri (1945, amended 1962), and § 226.220, RSMo 1969, barred the use of any money in the state road fund for any purpose other than the highway purposes enumerated in those provisions.”
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