622.300. Divisions estimation of expenses to be incurred during fiscal year--allocation of estimated expenses--written statement of assessment sent--state treasurer credit of payments--statement of re
Divisions estimation of expenses to be incurred during fiscalyear--allocation of estimated expenses--written statement ofassessment sent--state treasurer credit of payments--statement ofrevenues filed with division--application only to railroads.
622.300. 1. The division shall, prior to the beginning of each fiscalyear beginning with the fiscal year commencing on July 1, 1997, make anestimate of the expenses to be incurred by it during such fiscal yearreasonably attributable to the regulation of railroads, railroad corporations,street railroads and street railroad corporations, as provided in chapters386, 387, 388, 389, and 391, RSMo, and this chapter, and shall also separatelyestimate the amount of these expenses which are:
(1) Directly attributable to the regulation of railroads and railroadcorporations;
(2) Directly attributable to the regulation of street railroads andstreet railroad corporations; and
(3) Not directly attributable to either of these groups.
2. The division shall allocate to each of these groups of entities theestimated expenses directly attributable to the regulation of that group andan amount equal to such proportion of the estimated expenses not directlyattributable to either group as the gross intrastate operating revenues of allentities within that group during the preceding calendar year bears to thetotal gross intrastate operating revenues of all railroads, railroadcorporations, street railroads and street railroad corporations during thatyear. The division shall then assess the amounts allocated, subject toadjustment as herein provided, to the entities within each group, inproportion to their respective gross intrastate operating revenues during thepreceding calendar year, except that:
(1) The total amount assessed to all such entities shall not exceedthree percent of the total gross intrastate operating revenues of allrailroads, railroad corporations, street railroads and street railroadcorporations within this state; and
(2) These assessments shall be adjusted in a manner as to provide that:
(a) The assessment for each railroad corporation or street railroadcorporation which has less than fifty route miles of track within this stateshall be not less than one hundred dollars nor more than five hundred dollarsper year;
(b) The assessment for each railroad corporation or street railroadcorporation which has not less than fifty route miles nor more than onehundred route miles of track within the state shall be not less than onethousand dollars per year;
(c) The assessment for each railroad corporation or street railroadcorporation which has more than one hundred route miles of track within thestate shall be not less than five thousand dollars per year.
3. The division shall send a written statement of this assessment toeach railroad corporation and street railroad corporation on or before Julyfirst, by first class mail with postage prepaid, and the amount assessed toeach entity shall be paid by it to the director of revenue in full on orbefore July fifteenth next following the date of mailing of the statement;except that any railroad corporation or street railroad corporation may payits assessment in four equal installments not later than the following datesnext following the date of mailing of the statement: July fifteenth, Octoberfifteenth, January fifteenth and April fifteenth. The director of revenueshall remit such payments to the state treasurer.
4. The state treasurer shall credit such payments to the railroadexpense fund established pursuant to section 622.015, which fund shall bedevoted solely to the payment of expenditures actually incurred by thedivision and attributable to its regulation of railroads, railroadcorporations, street railroads and street railroad corporations. Any amountremaining in such special fund at the end of any fiscal year shall not revertto the general revenue fund, but shall be applicable by appropriation of thegeneral assembly to the payment of these expenditures of the division in thesucceeding fiscal year and shall be applied by the division to the reductionof the amount to be assessed to such entities in such succeeding fiscal year.A reduction shall be allocated to each of these groups of entities inproportion to the respective gross intrastate operating revenues of therespective groups during the preceding calendar year.
5. In order to enable the division to make the allocations andassessments provided for in this section, each railroad, railroad corporation,street railroad and street railroad corporation which owns or operates anytrack within this state shall file with the division, within ten days afterAugust 28, 1996, and thereafter on or before March thirty-first of each year,a statement under oath showing its gross intrastate operating revenues for thepreceding calendar year, and if any of these entities shall fail to file suchstatement within the time prescribed in this section, the division shallestimate such revenues, which estimate shall be binding on such entity for thepurposes of this section.
6. Nothing in this section shall be construed to apply to motor carriersunder chapter 390, RSMo, and the expenses of the division attributable to theregulation and oversight of motor carriers shall not be included in theexpenses of the division for the purposes of this section.
(L. 1996 S.B. 780)