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SECOND REGULAR SESSION
HOUSE BILL NO. 3386
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE WELLENKAMP .
7312H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 640.220 and 643.350, RSMo, and to enact in lieu thereof two new sections
relating to the expenditure of moneys in certain funds by the department of natural
resources.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 640.220 and 643.350, RSMo, are repealed and two new sections
2 enacted in lieu thereof, to be known as sections 640.220 and 643.350, to read as follows:
640.220. 1. For the purpose of protecting the air , water and land resources of the
2 state, there is hereby created in the state treasury a fund to be known as the "Natural
3 Resources Protection Fund". All funds received from air pollution permit fees, gifts,
4 bequests, donations, or any other moneys so designated shall be paid to the director of the
5 department of natural resources, transmitted to the director of revenue and deposited in the
6 state treasury to the credit of an appropriate subaccount of the natural resources protection
7 fund and shall be used for the purposes specified by law . The air pollution permit fee
8 revenues shall be deposited in an appropriate subaccount of the natural resources protection
9 fund and, subject to appropriation by the general assembly , shall be used by the department to
10 carry out the general administration of section 643.075. The water pollution permit fee
11 revenues generated through sections 644.052, 644.053, 644.054 and 644.061 shall be paid to
12 the director of the department of natural resources, transmitted to the director of the
13 department of revenue and deposited to the credit of the water pollution permit fee
14 subaccount of the natural resources protection fund and, subject to appropriation by the
15 general assembly , shall be used by the department to carry out the administration of sections
16 644.006 to 644.141.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 2. Eff ective July 1, 1991, and before June 30, 2027, the provisions of section 33.080
18 to the contrary notwithstanding, any unexpended balance in the subaccounts of the natural
19 resources protection fund that exceeds the preceding biennium's collections shall revert to the
20 general revenue fund of the state at the end of each biennium. Beginning July 1, 2027, any
21 unexpended balance in the subaccounts of the natural reso urces pr otection fund that
22 exceeds the pr eceding biennium's collections shall not rever t to the general rev enue fund
23 of the state at the end of each biennium. All interest earned on the natural resources
24 protection funds shall accrue to appropriate subaccounts.
25 3. Beginning July 1, 2027, and annually on July first of each succeeding year , the
26 commissioner of administration shall use taxable sales reports to estimate the amount of
27 state general revenu e sales and use tax derived fro m electric power distribution (NAICS
28 code 221 122, or its successor) in the immediately preced ing calendar year and shall
29 r eport such amount to the state trea sur er . The state trea sur er shall transfer five per cent
30 of such general reve nue sales and use taxes to the air pollution permit fees subaccount of
31 the natural res ources pr otection fund and such funds, subject to appr opriation by the
32 general assembly , shall be used by the department solely for the purpose of funding the
33 air pollution contro l prog ram. Any pr ovision of law to the contrary notwithstanding,
34 amounts transferr ed in accordance with this subsection shall not r evert to the general
35 r evenue fund of the state at the end of each biennium and shall be used solely for the
36 purpose of funding the air pollution contro l pr ogram.
643.350. 1. A fee, not to exceed twenty-four dollars, may be char ged for an
2 emissions inspection conducted under the emissions inspection program established pursuant
3 to sections 643.300 to 643.355.
4 2. The fee shall be conspicuously posted on the premises of each emissions inspection
5 station.
6 3. The commission shall establish, by rule, the portion of the fee amount to be
7 remitted by the emission inspection station to the director of revenue and the number of days
8 allowed for remitting fees.
9 4. The of ficial emission inspection station shall remit the portion of fees collected, as
10 established by the commission pursuant to this section, to the state treasurer within the time
11 period established by the commission. The state treasurer shall deposit the fees received in
12 the state treasury to the credit of the "Missouri Air Emission Reduction Fund", which is
13 hereby created. Moneys in the fund shall, subject to appropriation, be expended for the
14 administration and enforcement of sections 643.300 to 643.355 by the department of natural
15 resources, the Missouri highway patrol, and other appropriate agencies. Any balance in the
16 fund at the end of the biennium shall remain in the fund and shall not be subject to the
17 provisions of section 33.080. All interest earned by moneys in the fund shall accrue to the
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18 fund. [ If in the immediate previous fiscal year , the state's net general revenue did not increase
19 by two percent or more, the state treasurer may deposit moneys, except for gifts, donations, or
20 bequests, received under this section beginning January first of the current fiscal year into the
21 state general revenue fund. Otherwise, the state treasurer shall deposit such moneys in
22 accordance with the provisions of this section. ]
23 5. In addition to funds from the Missouri air emission reduction fund, costs of capital
24 or operations may be supplemented, upon appropriation, from the general revenue fund, the
25 state highway department fund, federal funds or other funds available for that purpose.
✔
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