436.239. Application fee--athlete agent fund created--rulemaking authority. - Missouri Statutes

Application fee--athlete agent fund created--rulemaking authority.

436.239. 1. An application for registration or renewal ofregistration shall be accompanied by a fee which shall be determined by thedirector and established by rule. All fees payable under the provisions ofthis section shall be collected by the division of professionalregistration and transmitted to the department of revenue for deposit inthe state treasury to the credit of the fund to be known as the "AthleteAgent Fund" which is hereby established. The provisions of section 33.080,RSMo, to the contrary notwithstanding, money in the athlete agent fundshall not be transferred and placed to the credit of general revenue untilthe amount in the athlete agent fund at the end of the biennium exceeds twotimes the amount of the appropriations from such fund for the precedingfiscal year or, if the director allows renewal of registration lessfrequently than yearly, then three times the appropriations from such fundfor the preceding fiscal year; provided that no amount from such fund maybe transferred to the credit of general revenue earlier than August 28,2006. The amount if any which may be transferred to the credit of generalrevenue after August 28, 2006, is that amount in the athlete agent fundwhich exceeds the appropriate multiple of the appropriations from such fundfor the preceding fiscal year.

2. The director may promulgate rules to authorize and file athleteagent documents as that term is defined in section 536.010, RSMo. Any rulepromulgated under the authority in this section shall become effective onlyif it complies with and is subject to all of the provisions of chapter 536,RSMo, and, if applicable, section 536.028, RSMo. This section and chapter536, RSMo, are nonseverable and if any of the powers vested with thegeneral assembly under chapter 536, RSMo, to review, to delay the effectivedate, or to disapprove and annul a rule are subsequently heldunconstitutional then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2003, shall be invalid and void.

(L. 2004 S.B. 1122)