160.933. Program fund created, use of moneys--rulemaking authority.

Program fund created, use of moneys--rulemaking authority.

160.933. 1. There is hereby created in the state treasury the "PartC Early Intervention Pilot Program Fund" for implementing the provisions ofsection 160.932. Moneys deposited in the fund shall be considered statefunds under article IV, section 15 of the Missouri Constitution. The statetreasurer shall be custodian of the fund and may disburse moneys from thefund in accordance with sections 30.170 and 30.180, RSMo. Uponappropriation, money in the fund shall be used solely for administration ofsection 160.932. The state treasurer shall invest moneys in the fund inthe same manner as other funds are invested. Any interest and moneysearned on such investments shall be credited to the fund.

2. At the end of each biennium and after all statutorily orconstitutionally required transfer of funds have been made, the statetreasurer shall transfer the balance in the fund, except for gifts,donations, bequests, or money received from a federal source, created insubsection 1 of this section in excess of two hundred percent of theprevious fiscal year's expenditures into the state general revenue fund.

3. The department of elementary and secondary education shallpromulgate rules to implement the provisions of section 160.932. Any ruleor portion of a rule, as that term is defined in section 536.010, RSMo,that is created under the authority delegated in this section shall becomeeffective only if it complies with and is subject to all of the provisionsof chapter 536, RSMo, and, if applicable, section 536.028, RSMo. Thissection and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly under chapter 536, RSMo, to review, todelay the effective date, or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after August 28, 2007, shall be invalidand void.

(L. 2007 S.B. 112)