Effective 14 Oct 2016, see footnote

*256.438. Fund created, use of moneys--rulemaking authority. — 1. There is hereby established in the state treasury a fund to be known as the "Multipurpose Water Resource Program Fund", which shall consist of all money deposited in such fund from whatever source, whether public or private. Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and other moneys earned on such investments shall be credited to the fund. Any unexpended balance in such fund at the end of any appropriation period shall not be transferred to the general revenue fund and, accordingly, shall be exempt from the provisions of section 33.080 relating to the transfer of funds to the general revenue funds of the state by the state treasurer.

2. The department of natural resources is hereby granted authority to establish rules by which project sponsors can remit contributions to the fund created under this section. Such contributions shall only be collected from water resource project sponsors who are awarded financial assistance from the fund for water resource projects, as described in sections 256.435 to 256.445. The contributions shall be used for the cost of administering the fund and the provision of financial assistance from the fund as described in sections 256.435 to 256.445.

3. Upon appropriation, the department of natural resources shall use money in the fund created by this section for the purposes of carrying out the provisions of sections 256.435 to 256.445, including, but not limited to, the provision of grants or other financial assistance, and, if such limitations or conditions are imposed, only upon such other limitations or conditions specified in the instrument that appropriates, grants, bequeaths, or otherwise authorizes the transmission of money to the fund.

4. The department of natural resources shall have the authority to promulgate rules to implement this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2016, shall be invalid and void.

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(L. 2013 H.B. 28 merged with H.B. 650, A.L. 2016 H.B. 1713 merged with H.B. 1717)

Effective 8-28-16 (H.B. 1717); *10-14-16 (H.B. 1713), see § 21.250

*H.B. 1713 was vetoed June 28, 2016. The veto was overridden on September 14, 2016.