Missouri Revised Statutes

Mo. Rev. Stat. § 33.080 (2026)

✓ current as of May 2026

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*33.080. Receipts deposited when, appropriated when — funds lapse when, exceptions, report — violation, a misdemeanor — transfer to rebuild damaged infrastructure fund. — 1. All fees, funds and moneys from whatsoever source received by any department, board, bureau, commission, institution, official or agency of the state government by virtue of any law or rule or regulation made in accordance with any law, excluding all funds received and disbursed by the state on behalf of counties and cities, towns and villages shall, by the official authorized to receive same, and at stated intervals of not more than thirty days, be placed in the state treasury to the credit of the particular purpose or fund for which collected, and shall be subject to appropriation by the general assembly for the particular purpose or fund for which collected during the biennium in which collected and appropriated. The unexpended balance remaining in all such funds (except such unexpended balance as may remain in any fund authorized, collected and expended by virtue of the provisions of the constitution of this state) shall at the end of the biennium and after all warrants on same have been discharged and the appropriation thereof has lapsed, be transferred and placed to the credit of the general revenue fund of the state by the state treasurer. Any official or any person who shall willfully fail to comply with any of the provisions of this section, and any person who shall willfully violate any provision hereof, shall be deemed guilty of a misdemeanor; provided, that all such money received by the curators of the University of Missouri except those funds required by law or by instrument granting the same to be paid into the seminary fund of the state, is excepted herefrom, and in the case of other state educational institutions there is excepted herefrom, gifts or trust funds from whatever source; appropriations; gifts or grants from the federal government, private organizations and individuals; funds for or from student activities; farm or housing activities; and other funds from which the whole or some part thereof may be liable to be repaid to the person contributing the same; and hospital fees. All of the above excepted funds shall be reported in detail quarterly to the governor and biennially to the general assembly.

2. Notwithstanding any provision of law to the contrary concerning the transfer of funds, ten million dollars shall be transferred from the insurance dedicated fund established under section 374.150, and placed to the credit of the rebuild damaged infrastructure fund created in section 33.295^** on July 1, 2013.

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(RSMo 1939 § 13051, A.L. 1945 p. 1977 § 17, A.L. 1959 H.B. 390, A.L. 1999 H.B. 516, A.L. 2003 S.B. 675, A.L. 2006 S.B. 583, A.L. 2013 H.B. 1035 merged with S.B. 23)

Effective 7-05-13 (S.B. 23); 9-11-13 (H.B. 1035)

*H.B. 1035 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.

*Revisor's Note: Article III, Sections 29 and 32 of the Missouri Constitution, and Sections 1.130 and 21.250, RSMo, do not specifically address the effective date of a section subject to an emergency clause which is overridden by the general assembly.

**Section 33.295 was repealed by S.B. 975 & 1024 Revision, 2018.

CROSS REFERENCE:

State funds, see list in General Index under heading STATE FUNDS

Notes of Decisions

Cited in 10 cases, 1973–2012 · leading case: Missouri Ass'n of Counties v. Wilson, 3 S.W.3d 772 (Mo. 1999).

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Missouri Ass'n of Counties v. Wilson, 3 S.W.3d 772 (Mo. 1999). · cites it 10× “Similarly, Section 33.080 provided in pertinent part: All fees, funds and moneys from whatsoever source received by any department, board, bureau, commission, institution, official or agency of the state government by virtue of any law or rule or regulation made in accordance…”

Fust v. Attorney Gen., 947 S.W.2d 424 (Mo. 1997). · cites it 3× “Unexpended moneys in the fund shall not lapse at the end of the biennium as provided in section 33.080, RSMo. 2. Fifty percent of any final judgment awarding punitive damages after the deduction of attorneys’ fees and expenses shall be deemed rendered in favor of the state of…”

State High. Comm'n of Missouri v. Spainhower, 504 S.W.2d 121 (Mo. 1973). · cites it 4× “” Section 33.080: “All fees, funds and moneys from whatsoever source * * * shall * * * be placed in the state treasury to the credit of the particular purpose or fund for which • collected, and shall be subject to appropriation * * * for the particular purpose or fund for which…”

River Fleets, Inc. v. Carter, 990 S.W.2d 75 (Mo. Ct. App. 1999). · cites it 4× “Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the fund shall not be transferred to general revenue at the end of each biennium.”

Rees Oil Co. & Rees Petroleum Prods., Inc. v. Dir. of Revenue, 992 S.W.2d 354 (Mo. Ct. App. 1999). · cites it 3× “1 states that “[m]oneys in such special trust fund shall not be deemed to be state funds [and][n]othwithstanding the provisions of' section 33.080, RSMo, to the contrary, moneys in the fund shall not be transferred to general revenue at the end of each biennium.”

P.L.S. ex rel. Shelton v. Koster, 360 S.W.3d 805 (Mo. Ct. App. 2011). · cites it 3× “The provisions of section 33.080, RSMo, notwithstanding, any moneys remaining to the credit of the state legal expense fund at the end of an appropriation period shall not be transferred to general revenue.”

State ex inf. Danforth v. David, 517 S.W.2d 56 (Mo. 1974). · cites it 6× “Relying on § 15 of Article IV, Constitution of Missouri 1945, requiring that “[a] 11 revenue collected and moneys received by the state from any source whatsoever shall go promptly into the state treasury, and all interest, income and returns therefrom shall belong to the state”…”

Adams v. Schriro, 31 S.W.3d 461 (Mo. Ct. App. 2000). · cites it 3× “The provisions of section 33.080, RSMo, to the contrary notwithstanding, the money in the inmate canteen fund shall be retained for the purposes specified in this section and shall not revert or be transferred to general revenue.”

Pls Ex Rel. Shelton v. Koster, 360 S.W.3d 805 (Mo. Ct. App. 2012). · cites it 3× “The provisions of section 33.080, RSMo, notwithstanding, any moneys remaining to the credit of the state legal expense fund at the end of an appropriation period shall not be transferred to general revenue.”

State Ex Rel. Redmond v. State, 328 S.W.3d 818 (Mo. Ct. App. 2011). · cites it 3× “Notwithstanding the provisions of section 33.080, RSMo, to the contrary, the moneys in the fund shall not revert to the credit of general revenue at the end of the biennium.”

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