To repeal section 267.122, RSMo Supp. 1995, relating to animal health laboratory fees, and enacting one new section relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Section 267.122, RSMo Supp. 1995, is repealed and one new section enacted in lieu thereof, to be known as section 267.122, to read as follows:

267.122. 1. "Official laboratories" are hereby established. The laboratories are to be known as the "Animal Health Diagnostic Laboratories", operated by and under the direction of the state veterinarian, for the purpose of diagnosing animal disease. The state veterinarian shall have the authority to assess laboratory fees to assist in defraying operating laboratory expense. A schedule of laboratory fees shall be fixed by rule or regulation promulgated by the director of the department of agriculture. No fees will be charged for diagnostic tests for diseases which are included in a state and federal cooperative eradication program.

2. All laboratory fees collected pursuant to this section shall be paid to the department of revenue to be deposited in the state treasury, to the credit of the "Animal Health Laboratory Fee Fund", which is hereby created. All money in the fund shall be for the use and benefit of the animal health diagnostic laboratories and not as a substitute for general revenue bonds already appropriated for the operation of the animal health diagnostic laboratories.

3. Notwithstanding section 33.080, RSMo, to the contrary, the balance in the fund at the end of each biennium shall not lapse and shall not be transferred to the general revenue fund of the state [pursuant to section 33.080, RSMo]. If the balance at the end of any biennium exceeds two hundred thousand dollars, the director of the department of agriculture shall adjust the schedule of laboratory fees so as to cause the fund to not be in excess of two hundred twenty-five thousand dollars. Any balance in the fund at the end of any fiscal year which is in excess of two hundred twenty-five thousand dollars shall be transferred to the general revenue fund of the state.

4. The state treasurer shall invest all sums in the animal health laboratory fee fund not needed for current operating expenses in interest bearing banking accounts or United States government obligations in the manner provided by law. All yield increment, gain or income derived from the investment of these sums shall accrue to the benefit of, and be deposited within, the state treasury to the credit of the animal health laboratory fee fund.

5. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.