Section 33.080

Title IV EXECUTIVE BRANCH

Chapter 33

Effective - 28 Aug 2003, 4 histories, see footnote   (history) 

  *33.080.  Receipts deposited when, appropriated when — funds lapse when, exceptions, report — violation, a misdemeanor — transfer of accrued interest from certain funds to general revenue, when. — 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 ordinary 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 funds listed in subdivisions (1) to (23) of this subsection, an amount equal to the sum of all interest that has accrued in the funds listed in subdivisions (1) to (23) of this subsection during the two-year period beginning July 1, 2001, and ending June 30, 2003, shall be transferred and placed to the credit of the general revenue fund of the state by the state treasurer upon the effective date of this act*. The funds subject to the provisions of this section are as follows:

  (1) Residential mortgage licensing fund created pursuant to section 443.845, RSMo;

  (2) Gaming commission bingo fund created pursuant to section 313.008, RSMo;

  (3) Missouri air emission reduction fund created pursuant to section 643.350, RSMo;

  (4) Mental health housing trust fund created pursuant to section 215.054, RSMo;

  (5) Division of credit unions fund created pursuant to section 370.107, RSMo;

  (6) Division of savings and loan supervision fund created pursuant to section 369.324, RSMo;

  (7) Division of finance fund created pursuant to section 361.170, RSMo;

  (8) Natural resources protection fund created pursuant to section 640.220, RSMo, with the exception of the water permit fees subaccount and damages subaccount;

  (9) Endowed care cemetery audit fund created pursuant to section 193.265, RSMo;

  (10) Metallic minerals waste management fund created pursuant to section 444.370, RSMo;

  (11) Natural resources protection air pollution asbestos fee subaccount fund created pursuant to section 643.245, RSMo;

  (12) Chemical emergency preparedness fund created pursuant to section 292.607, RSMo;

  (13) Legal defense and defender fund created pursuant to section 600.090, RSMo;

  (14) Safe drinking water fund created pursuant to section 640.110, RSMo;

  (15) Coal mine land reclamation fund created pursuant to section 444.960, RSMo;

  (16) Missouri horse racing commission fund created pursuant to section 313.530, RSMo;

  (17) Hazardous waste remedial fund created pursuant to section 260.480, RSMo;

  (18) Missouri air pollution control fund created pursuant to section 307.366, RSMo;

  (19) Property reuse fund created pursuant to section 447.710, RSMo;

  (20) State transportation assistance revolving fund created pursuant to section 226.191, RSMo;

  (21) Correctional substance abuse earnings fund created pursuant to section 559.635, RSMo;

  (22) Mined land reclamation fund created pursuant to section 444.730, RSMo;

  (23) Aviation trust fund created pursuant to section 155.090, RSMo.

  3. Notwithstanding any provision of law to the contrary concerning the funds listed in subdivisions (1) to (5) of this subsection, the amount specified for each fund listed in subdivisions (1) to (5) of this subsection shall be transferred and placed to the credit of the general revenue fund of the state by the state treasurer before October 1, 2003. The funds subject to the provisions of this subsection and the amount of transfer are as follows:

  (1) State fair fees fund created pursuant to section 262.260, RSMo, six thousand dollars;

  (2) Petroleum inspection fund created pursuant to section 414.082, RSMo, seventy-seven thousand six hundred and seventeen dollars;

  (3) Department of revenue information fund pursuant to section 32.067, RSMo, two hundred and fifty thousand dollars;

  (4) Secretary of state's technology trust fund account established pursuant to section 28.160, RSMo, one hundred and two thousand dollars;

  (5) Administrative trust fund established pursuant to subsection 11 of section 37.005, RSMo, three million five hundred thousand dollars.

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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)

*This section was amended by S.B. 583, 2006, effective 9-1-07.

*This act (S.B. 675, 2003) contained an effective date of 1-1-04 for § 339.105; remainder of act became effective 8-28-03.

CROSS REFERENCE:

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