SB 890

SECOND REGULAR SESSION
  [TRULY AGREED TO AND FINALLY PASSED]
  SENATE SUBSTITUTE FOR
  SENATE COMMITTEE SUBSTITUTE FOR
  SENATE BILL NO. 890
  103RD GENERAL ASSEMBLY
  2026
4254S.06T
  AN ACT
To repeal sections 23.295, 160.575, 173.240, 178.550, 178.585, 186.019, 192.131, 192.667,
  192.700, 192.703, 192.707, 192.710, 192.712, 192.714, 192.716, 192.718, 192.720,
  192.723, 192.725, 196.1103, 196.1106, 196.1112, 196.1118, 196.1121, 196.1124,
  196.1127, 197.165, 208.530, 208.533, 208.535, 208.850, 208.853, 208.856, 208.859,
  208.862, 208.865, 208.868, 208.871, 209.285, 209.287, 209.292, 209.299, 209.305,
  209.307, 209.309, 209.317, 209.318, 209.321, 209.322, 210.102, 261.235, 288.040,
  620.010, 620.484, 620.490, 620.511, 620.512, 620.513, 643.173, and 650.125, RSMo,
  and section 167.910 as enacted by house bill no. 1606, ninety-ninth general assembly,
  second regular session, section 167.910 as enacted by house bill no. 1415, ninety-ninth
  general assembly, second regular session, section 196.1109 as enacted by senate bill
  no. 7, ninety-sixth general assembly, first extraordinary session, section 196.1109 as
  enacted by house bill no. 688, ninety-second general assembly, first regular session,
  section 196.1115 as enacted by senate bill no. 7, ninety-sixth general assembly, first
  extraordinary session, and section 196.1115 as enacted by house bill no. 688, ninety-
  second general assembly, first regular session, and to enact in lieu thereof thirty-eight
  new sections relating to obsolete administrative entities, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
1Section A.  Sections 23.295, 160.575, 173.240, 178.550,
2  178.585, 186.019, 192.131, 192.667, 192.700, 192.703, 192.707,
3  192.710, 192.712, 192.714, 192.716, 192.718, 192.720, 192.723,
EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SS SCS SB 890  2
4 192.725,    196.1103,       196.1106,    196.1112,     196.1118,   196.1121,
5 196.1124,       196.1127,     197.165,      208.530,    208.533,    208.535,
6 208.850, 208.853, 208.856, 208.859, 208.862, 208.865, 208.868,
7 208.871, 209.285, 209.287, 209.292, 209.299, 209.305, 209.307,
8 209.309, 209.317, 209.318, 209.321, 209.322, 210.102, 261.235,
9 288.040, 620.010, 620.484, 620.490, 620.511, 620.512, 620.513,
10 643.173, and 650.125, RSMo, and section 167.910 as enacted by
11 house bill no. 1606, ninety-ninth general assembly, second
12 regular session, section 167.910 as enacted by house bill no.
13 1415, ninety-ninth general assembly, second regular session,
14 section 196.1109 as enacted by senate bill no. 7, ninety-sixth
15 general assembly, first extraordinary session, section 196.1109
16 as   enacted     by   house   bill    no.    688,   ninety-second     general
17 assembly, first regular session, section 196.1115 as enacted by
18 senate   bill     no.   7,    ninety-sixth     general    assembly,    first
19 extraordinary session, and section 196.1115 as enacted by house
20 bill no. 688, ninety-second general assembly, first regular
21 session, are repealed and thirty-eight new sections enacted in
22 lieu thereof, to be known as sections 23.295, 105.1650, 160.575,
23 173.240,    173.2565,       173.2566,    173.2570,     173.2571,   173.2572,
24 178.550, 178.585, 186.019, 192.131, 192.667, 192.700, 192.703,
25 192.714,    196.1106,       196.1109,    196.1112,     196.1115,   196.1118,
26 196.1121,       196.1127,     209.285,      209.292,    209.299,    209.305,
27 209.307, 209.309, 209.317, 209.318, 209.321, 209.322, 261.235,
28 288.040, 620.010, and 643.173, to read as follows:
123.295. If an employee is displaced because a program
2 is sunset, reorganized, or continued, the state agency and
3 the [division] office of workforce development in the
4 department of [economic] higher education and workforce
5 development shall make a reasonable effort to relocate the
6 displaced employee.
SS SCS SB 890  3
1105.1650.   Every state department with oversight of an
2 administrative entity shall annually compile a report of all
3 such administrative entities that have not convened a public
4 meeting or conducted public business for the most recent
5 three-year period.    Each department shall send the initial
6 report to each member of the general assembly by October 1,
7 2026, and by every October first thereafter.       Such report
8 shall describe each administrative entity that has not met
9 or conducted any public business over the most recent three-
10 year period and the statutory or administrative mission of
11 such administrative entity.       The report shall also describe
12 if the duties of the administrative entity are being, or
13 could be, performed by another administrative entity.
1160.575.    1. The department of elementary and
2 secondary education shall develop a "ready to work"
3 endorsement program that enables high schools to endorse a
4 certificate for students who meet certain standards that
5 demonstrate that such students are deemed ready to work.
6 The program shall be available no later than June 30, 2007.
72. The program shall include, but not be limited to,
8 the following:
9(1) Voluntary participation by high school seniors who
10 choose to participate;
11(2) Academic components;
12(3) Work readiness components;
13(4) Assessment tools and techniques for a third-party,
14 independent, and objective assessment and endorsement of
15 individual student achievement through an existing workforce
16 investment service delivery system; and
17(5) An easily identifiable guarantee to potential
18 employers that the entry-level employee is ready to work.
SS SCS SB 890  4
193. In developing such standards, the department shall
20 involve representatives of the [division] office of
21 workforce development, employers, students, career center
22 providers, local workforce investment boards, and school
23 district personnel.
1173.240.   1. There is hereby established within the
2 department of higher education and workforce development a
3 "Minority and Underrepresented Environmental Literacy
4 Program". The department of higher education and workforce
5 development, hereafter referred to as the department, may
6 award scholarships to minority and underrepresented students
7 to pursue environmentally related courses of study.  The
8 scholarships shall be administered by the department
9 recruitment and retention program [under the supervision of
10 the minority environmental literacy advisory committee
11 established under this section].       Those ethnic groups which
12 are most severely underrepresented, as determined by data
13 gathered and maintained by the National Academy of Sciences,
14 shall receive priority in annual selection.
152. For the purpose of increasing the number of
16 minority and underrepresented students, as determined by the
17 National Academy of Sciences, who are enrolled in
18 environmentally related courses of study, there is hereby
19 created a "Recruitment and Retention Scholarship Fund".  Any
20 unexpended balance in the recruitment and retention
21 scholarship fund shall not be subject to biennial transfer
22 under the provisions of section 33.080.       All interest earned
23 on funds in the recruitment and retention scholarship fund
24 shall accrue to the fund.
253. The general assembly may appropriate funds to the
26 department for the purpose of funding scholarships as
27 authorized by this section.       Such funds shall be from
SS SCS SB 890  5
28 general revenue, special fees administered by the
29 department, federal funding sources, gifts, or donations,
30 provided that such funds may be used for this purpose.     All
31 sums received for this purpose shall be placed in the state
32 treasury and credited to the recruitment and retention
33 scholarship fund.
344. The department shall accept, receive and administer
35 grants or other funds, gifts, or donations from the public
36 and individuals, including the federal government, for the
37 purpose of funding scholarships under this section.   Such
38 funds shall be deposited in the recruitment and retention
39 scholarship fund.
405. The department shall promulgate rules to administer
41 the scholarship program, which shall include qualifications,
42 application forms, annual filing deadlines, and scholarship
43 amounts. Any rule or portion of a rule, as that term is
44 defined in section 536.010, that is created under the
45 authority delegated in this section shall become effective
46 only if it complies with and is subject to all of the
47 provisions of chapter 536 and, if applicable, section
48 536.028. This section and chapter 536 are nonseverable and
49 if any of the powers vested with the general assembly
50 pursuant to chapter 536 to review, to delay the effective
51 date, or to disapprove and annul a rule are subsequently
52 held unconstitutional, then the grant of rulemaking
53 authority and any rule proposed or adopted after August 28,
54 2010, shall be invalid and void.
556. The scholarship program shall be directed toward
56 students in the following areas of study:
57(1) Engineering students pursuing an environmental
58 course of study through undergraduate and graduate degrees
SS SCS SB 890  6
59 in civil, chemical, mechanical, environmental, or biological
60 engineering;
61(2) Environmental sciences students pursuing
62 undergraduate and graduate degrees in geology, biology,
63 wildlife management, planning, natural resources, or a
64 closely related course of study;
65(3) Chemistry students pursuing undergraduate and
66 graduate degrees in the field of environmental chemistry; and
67(4) Law enforcement students pursuing undergraduate
68 and graduate degrees in environmental law enforcement.
69[7. There is hereby created a "Minority Environmental
70 Literacy Advisory Committee", hereafter referred to as the
71 committee, to be comprised of:
72(1) The commissioner of higher education or the
73 commissioner's designee, who will serve as chairperson of
74 the committee;
75(2) Three representatives of universities and
76 colleges. The universities and colleges shall be selected
77 by the department, with the approval of the director of the
78 department of natural resources.   The university and college
79 representatives shall each be appointed by the affirmative
80 action office of the respective institution;
81(3) The director of the department of natural
82 resources or the director's designee;
83(4) Five at-large members appointed by the governor,
84 with the advice and consent of the senate, who shall be high
85 school teachers and college professors and who shall be
86 selected to represent the various regions of the state;
87(5) The state affirmative action officer.
888. The committee shall meet at least annually, at a
89 time and place to be determined by the chairperson, to
90 select students to receive scholarships from applications
SS SCS SB 890  7
91 filed with the department retention and recruitment
92 program. The members appointed by the governor shall be
93 reimbursed for their actual and necessary expenses.
949. Colleges and universities described in this section
95 shall include public community colleges.]
1[620.484.] 173.2565. The provisions of the Wagner-
2 Peyser Act (29 U.S.C.A. Sec. 49 et seq.), as amended, are
3 hereby accepted by this state and the [division] office of
4 workforce development of the department of [economic] higher
5 education and workforce development is hereby designated and
6 constituted the agency of this state for the purposes of
7 said act. The [division] office shall establish and
8 maintain free public employment offices in such number and
9 in such places as may be necessary for the proper
10 administration of this chapter and for the purposes of
11 performing such functions as are within the purview of the
12 Wagner-Peyser Act.
1[620.490.] 173.2566. The department of [economic]
2 higher education and workforce development shall promulgate
3 rules providing for the coordination of state and federal
4 job training resources administered by the department of
5 [economic] higher education and workforce development,
6 including the local workforce investment areas established
7 in the state to administer federal funds pursuant to the
8 federal Workforce [Investment] Innovation and Opportunity
9 Act (WIOA), Pub. L. 113-128, as amended, or its successor,
10 for the provision of assistance to businesses in this state
11 relating to the creation of new jobs in the state.    The
12 department shall include in these rules the methods to be
13 followed by any business engaged in the creation of new jobs
14 in state to ensure that economically disadvantaged citizens
15 receive opportunities for employment in the new jobs
SS SCS SB 890  8
16 created. No rule or portion of a rule promulgated pursuant
17 to the authority of this section shall become effective
18 unless it has been promulgated pursuant to the provisions of
19 section 536.024.
1[620.511.] 173.2570. 1. There is hereby established
2 the "Missouri Workforce Development Board", formerly known
3 as the Missouri workforce investment board, and hereinafter
4 referred to as "the board" in sections [620.511 to 620.513]
5 173.2570 to 173.2572.
62. The purpose of the board is to provide workforce
7 investment activities, through statewide and local workforce
8 investment systems, that increase the employment, retention,
9 and earnings of participants, and increase occupational
10 skill attainment by participants, and, as a result, improve
11 the quality of the workforce, reduce welfare dependency, and
12 enhance the productivity and competitiveness of the state of
13 Missouri. The board shall be the state's advisory board
14 pertaining to workforce preparation policy.
153. The board shall meet the requirements of the
16 federal Workforce Innovation and Opportunity Act,
17 hereinafter referred to as the "WIOA", P.L. 113-128, as
18 amended. Should another federal law supplant the WIOA, all
19 references in sections [620.511 to 620.513] 173.2570 to
20 173.2572 to the WIOA shall apply as well to the new federal
21 law.
224. Composition of the board shall comply with the
23 WIOA. Board members appointed by the governor shall be
24 subject to the advice and consent of the senate.    Consistent
25 with the requirements of the WIOA, the governor shall
26 designate one member of the board to be its chairperson.
275. Each member of the board shall serve for a term of
28 four years, subject to the pleasure of the governor, and
SS SCS SB 890  9
29 until a successor is duly appointed.       In the event of a
30 vacancy on the board, the vacancy shall be filled in the
31 same manner as the original appointment and said replacement
32 shall serve the remainder of the original appointee's
33 unexpired term.
346. Of the members initially appointed to the WIOA,
35 formerly known as the WIA, board, one-fourth shall be
36 appointed for a term of four years, one-fourth shall be
37 appointed for a term of three years, one-fourth shall be
38 appointed for a term of two years, and one-fourth shall be
39 appointed for a term of one year.
407. WIOA board members shall receive no compensation,
41 but shall be reimbursed for all necessary expenses actually
42 incurred in the performance of their duties.
438. The department may include on its website a list of
44 the names of the members of the board, including the names
45 of members of local workforce development boards, along with
46 information on how to contact such boards.
1[620.512.] 173.2571. 1. The board shall establish
2 bylaws governing its organization, operation, and procedure
3 consistent with sections [620.511 to 620.513] 173.2570 to
4 173.2572, and consistent with the WIOA.
52. The board shall meet at least four times each year
6 at the call of the chairperson.
73. In order to assure objective management and
8 oversight, the board shall not operate programs or provide
9 services directly to eligible participants, but shall exist
10 solely to plan, coordinate, and monitor the provisions of
11 such programs and services.       A member of the board may not
12 vote on a matter under consideration by the board that
13 regards the provision of services by the member or by an
14 entity that the member represents or would provide direct
SS SCS SB 890  10
15 financial benefit to the member or the immediate family of
16 the member. A member of the board may not engage in any
17 other activity determined by the governor to constitute a
18 conflict of interest.
194. The composition and the roles and responsibilities
20 of the board membership may be amended to comply with any
21 succeeding federal or state legislative or regulatory
22 requirements governing workforce investment activities,
23 except that the procedure for such change shall be outlined
24 in state rules and regulations and adopted in the bylaws of
25 the board.
265. The department of [economic] higher education and
27 workforce development, office of workforce development,
28 shall provide professional, technical, and clerical staff
29 for the board.
306. The board may promulgate any rules and regulations
31 necessary to administer the provisions of sections [620.511
32 to 620.513] 173.2570 to 173.2572.   Any rule or portion of a
33 rule, as that term is defined in section 536.010, that is
34 created under the authority delegated in this section shall
35 become effective only if it complies with and is subject to
36 all of the provisions of chapter 536 and, if applicable,
37 section 536.028.   This section and chapter 536 are
38 nonseverable and if any of the powers vested with the
39 general assembly pursuant to chapter 536 to review, to delay
40 the effective date, or to disapprove and annul a rule are
41 subsequently held unconstitutional, then the grant of
42 rulemaking authority and any rule proposed or adopted after
43 August 28, 2007, shall be invalid and void.
1[620.513.] 173.2572. 1. The board shall assist the
2 governor with the functions described in Section 101(d) of
SS SCS SB 890  11
3 the WIOA, 29 U.S.C. Section [311d] 3111(d), and any
4 regulations issued pursuant to the WIOA.
52. The board shall submit an annual report of its
6 activities to the governor, the speaker of the house of
7 representatives, and the president pro tem of the senate no
8 later than January thirty-first of each year.
93. Nothing in sections [620.511 to 620.513] 173.2570
10 to 173.2572 shall be construed to require or allow the board
11 to assume or supersede the statutory authority granted to,
12 or impose any duties or requirements on, the state
13 coordinating board for higher education, the governing
14 boards of the state's public colleges and universities, the
15 state board of education, or any local educational agencies.
1178.550.   1. This section shall be known and may be
2 cited as the "Career and Technical Education Student
3 Protection Act".   There is hereby established the "Career
4 and Technical Education Advisory Council" within the
5 department of elementary and secondary education.
62. The advisory council shall be composed of sixteen
7 members who shall be Missouri residents.       The director of
8 the department of economic development, or his or her
9 designee, shall be a member.       The commissioner of education
10 shall appoint the following members:
11(1) A director or administrator of a career and
12 technical education center;
13(2) An individual from the business community with a
14 background in commerce;
15(3) A representative from State Technical College of
16 Missouri;
17(4) Three current or retired career and technical
18 education teachers who also serve or served as an advisor to
SS SCS SB 890  12
19 any of the nationally recognized career and technical
20 education student organizations of:
21(a) DECA;
22(b) Future Business Leaders of America (FBLA);
23(c) FFA;
24(d) Family, Career and Community Leaders of America
25 (FCCLA);
26(e) Health Occupations Students of America (HOSA);
27(f) SkillsUSA; or
28(g) Technology Student Association (TSA);
29(5) A representative from a business organization,
30 association of businesses, or a business coalition;
31(6) A representative from a Missouri community college;
32(7) A representative from Southeast Missouri State
33 University or the University of Central Missouri;
34(8) An individual participating in an apprenticeship
35 recognized by the department of labor and industrial
36 relations or approved by the United States Department of
37 Labor's Office of Apprenticeship;
38(9) A school administrator or school superintendent of
39 a school that offers career and technical education.
403. Members appointed by the commissioner of education
41 shall serve a term of five years except for the initial
42 appointments, which shall be for the following lengths:
43(1) One member shall be appointed for a term of one
44 year;
45(2) Two members shall be appointed for a term of two
46 years;
47(3) Two members shall be appointed for a term of three
48 years;
49(4) Three members shall be appointed for a term of
50 four years;
SS SCS SB 890  13
51(5) Three members shall be appointed for a term of
52 five years.
534. Four members shall be from the general assembly.
54 The president pro tempore of the senate shall appoint two
55 members of the senate of whom not more than one shall be of
56 the same party.    The speaker of the house of representatives
57 shall appoint two members of the house of representatives of
58 whom not more than one shall be of the same party.    The
59 legislative members shall serve on the advisory council
60 until such time as they resign, are no longer members of the
61 general assembly, or are replaced by new appointments.
625. The advisory council shall have three nonvoting ex
63 officio members:
64(1) A director of guidance and counseling services at
65 the department of elementary and secondary education, or a
66 similar position if such position ceases to exist;
67(2) The director of the [division] office of workforce
68 development; and
69(3) A member of the coordinating board for higher
70 education, as selected by the coordinating board.
716. The assistant commissioner for the office of
72 college and career readiness of the department of elementary
73 and secondary education shall provide staff assistance to
74 the advisory council.
757. The advisory council shall meet at least four times
76 annually. The advisory council may make all rules it deems
77 necessary to enable it to conduct its meetings, elect its
78 officers, and set the terms and duties of its officers.     The
79 advisory council shall elect from among its members a
80 chairperson, vice chairperson, a secretary-reporter, and
81 such other officers as it deems necessary.    Members of the
82 advisory council shall serve without compensation but may be
 SS SCS SB 890  14
83  reimbursed for actual expenses necessary to the performance
84  of their official duties for the advisory council.
858. Any business to come before the advisory council
86  shall be available on the advisory council's internet
87  website at least seven business days prior to the start of
88  each meeting.   All records of any decisions, votes,
89  exhibits, or outcomes shall be available on the advisory
90  council's internet website within forty-eight hours
91  following the conclusion of every meeting.   Any materials
92  prepared for the members shall be delivered to the members
93  at least five days before the meeting, and to the extent
94  such materials are public records as defined in section
95  610.010 and are not permitted to be closed under section
96  610.021, shall be made available on the advisory council's
97  internet website at least five business days in advance of
98  the meeting.
999. The advisory council shall make an annual written
100 report to the state board of education and the commissioner
101 of education regarding the development, implementation, and
102 administration of the state budget for career and technical
103 education.
10410. The advisory council shall annually submit written
105 recommendations to the state board of education and the
106 commissioner of education regarding the oversight and
107 procedures for the handling of funds for student career and
108 technical education organizations.
10911. The advisory council shall:
110(1) Develop a comprehensive statewide short- and long-
111 range strategic plan for career and technical education;
112(2) Identify service gaps and provide advice on
113 methods to close such gaps as they relate to youth and adult
 SS SCS SB 890  15
114 employees, workforce development, and employers on training
115 needs;
116(3) Confer with public and private entities for the
117 purpose of promoting and improving career and technical
118 education;
119(4) Identify legislative recommendations to improve
120 career and technical education;
121(5) Promote coordination of existing career and
122 technical education programs;
123(6) Adopt, alter, or repeal by its own bylaws, rules
124 and regulations governing the manner in which its business
125 may be transacted.
12612. For purposes of this section, the department of
127 elementary and secondary education shall provide such
128 documentation and information as to allow the advisory
129 council to be effective.
13013. For purposes of this section, "advisory council"
131 shall mean the career and technical education advisory
132 council.
1178.585.   1. Under rules and regulations of the state
2  board of education, the commissioner of education, in
3  cooperation with the [director of the division] office of
4  workforce development of the department of [economic] higher
5  education and workforce development, shall establish
6  procedures to provide grants to public high schools,
7  vocational-technical schools, State Technical College of
8  Missouri, and community colleges solely for the purpose of
9  new programs, curriculum enhancement, equipment and
10  facilities so as to upgrade vocational and technical
11  education in the state.
122. Each vocational-technical school, community
13  college, State Technical College of Missouri, and school
SS SCS SB 890  16
14 district of any public high school receiving a grant
15 authorized by this section shall have an advisory committee
16 composed of local business persons, labor leaders, parents,
17 senior citizens, community leaders and teachers to establish
18 a plan to ensure that students who graduate from the
19 vocational-technical school, community college, State
20 Technical College of Missouri, or public high school proceed
21 to a four-year college or high-wage job with workplace-skill
22 development opportunities.
233. The [director of the] department of [economic]
24 higher education and workforce development shall provide
25 annually to the commissioner of education a listing of
26 demand occupations in the state including substate
27 projections. The listing shall include those occupations
28 for which, in the judgment of the [director of the]
29 department of [economic] higher education and workforce
30 development, there is a critical shortage to meet present or
31 future employment needs necessary to the economic growth and
32 competitiveness of the state.
334. In any fiscal year, at least seventy-five percent
34 of all moneys for the grant awards authorized by this
35 section shall be to public high schools, vocational-
36 technical schools, State Technical College of Missouri, or
37 community colleges for new programs, curriculum enhancement
38 or equipment necessary to address demand occupations
39 identified pursuant to subsection 3 of this section.
1186.019.   1. Prior to April first of each year,
2 starting in 1992, the information described in subdivisions
3 (1), (2), (3) and (4) of this subsection shall be delivered
4 in report form to the Missouri women's council, the
5 governor's office, the secretary of the senate, and the
6 chief clerk of the house of representatives.   The
SS SCS SB 890  17
7 information shall apply only to activities which occurred
8 during the previous calendar year.   Reports shall be
9 required from the following:
10(1) The department of labor and industrial relations,
11 and the [division] office of workforce development of the
12 department of [economic] higher education and workforce
13 development, who shall assemble all available data and
14 report on all business start-ups and business failures which
15 are fifty-one percent or more owned by women.   The reports
16 shall distinguish, as best as possible, those businesses
17 which are sole proprietorships, partnerships, or
18 corporations;
19(2) The department of economic development, who shall
20 assemble all available data and report on financial
21 assistance or other incentives given to all businesses which
22 are fifty-one percent or more owned by women.   The report
23 shall contain information relating to assistance or
24 incentives awarded for the retention of existing businesses,
25 the expansion of existing businesses, or the start-up of new
26 businesses;
27(3) The department of revenue, who shall assemble all
28 available data and report on the number, gross receipts and
29 net income of all businesses which are fifty-one percent or
30 more owned by women.   The reports shall distinguish those
31 businesses which are sole proprietorships, partnerships or
32 corporations;
33(4) The division of purchasing of the office of
34 administration, who shall assemble all available data and
35 report on businesses which are fifty-one percent or more
36 owned by women which are recipients of contracts awarded by
37 the state of Missouri.
SS SCS SB 890  18
382. Prior to December first of each year, starting in
39 1990, the information described in subdivisions (1) and (2)
40 of this subsection shall be delivered in report form to the
41 Missouri women's council, the governor's office, the
42 secretary of the senate, and the chief clerk of the house of
43 representatives.    The information shall apply only to
44 activities which occurred during the previous school year.
45 Reports shall be required from the following:
46(1) The department of elementary and secondary
47 education shall assemble all available data from the
48 Vocational and Education Data System (VEDS) on class
49 enrollments by Instruction Program Codes (CIP); by secondary
50 and postsecondary schools; and, secondary, postsecondary,
51 and adult level classes; and by gender.    This data shall
52 also be reported by classes of traditional and
53 nontraditional occupational areas;
54(2) The coordinating board for higher education shall
55 assemble all available data and report on higher education
56 degrees awarded by academic discipline; type of degree; type
57 of school; and gender.    All available data shall also be
58 reported on salaries received upon completion of degree
59 program and subsequent hire, as well as any data available
60 on follow-up salaries.
1192.131.    1. As used in this section, the following
2 terms shall mean:
3(1) ["Advisory panel", the infection control advisory
4 panel created by section 197.165;
5(2)]   "Antibiogram", a record of the resistance of
6 microbes to various antibiotics;
7[(3)] (2)   "Antimicrobial", the ability of an agent to
8 destroy or prevent the development of pathogenic action of a
9 microorganism;
SS SCS SB 890  19
10[(4)] (3)   "Department", the department of health and
11 senior services.
122. Every laboratory performing culture and sensitivity
13 testing on humans in Missouri shall submit data on health
14 care associated infections to the department in accordance
15 with this section.    The data to be reported shall be defined
16 by regulation of the department [after considering the
17 recommendations of the advisory panel].    Such data may
18 include antibiograms and, not later than July 1, 2005, shall
19 include but not be limited to the number of patients or
20 isolates by hospital, ambulatory surgical center, and other
21 facility or practice setting with methicillin-resistant
22 staphylococcus aureus (MRSA) or vancomycin-resistant
23 enterococcus (VRE).
243. Information on infections collected pursuant to
25 this section shall be subject to the confidentiality
26 protections of this chapter but shall be available in
27 provider-specific form to appropriate facility and
28 professional licensure authorities.
294. The [advisory panel] department shall [develop a
30 recommended plan to] use laboratory and health care provider
31 data provided pursuant to this chapter to create a system to:
32(1) Enhance the ability of health care providers and
33 the department to track the incidence and distribution of
34 preventable infections, with emphasis on those infections
35 that are most susceptible to interventions and that pose the
36 greatest risk of harm to Missouri residents;
37(2) Monitor trends in the development of antibiotic-
38 resistant microbes, including but not limited to methicillin-
39 resistant staphylococcus aureus (MRSA) and vancomycin-
40 resistant enterococcus (VRE) infections.
SS SCS SB 890  20
415. In implementing this section, [the advisory panel
42 and] the department shall conform to guidelines and
43 standards adopted by the Centers for Disease Control and
44 Prevention. [The advisory panel's plan may provide for
45 demonstration projects to assess the viability of the
46 recommended initiatives.]
1192.667.   1. All health care providers shall at least
2 annually provide to the department charge data as required
3 by the department.   All hospitals shall at least annually
4 provide patient abstract data and financial data as required
5 by the department.   Hospitals as defined in section 197.020
6 shall report patient abstract data for outpatients and
7 inpatients. Ambulatory surgical centers and abortion
8 facilities as defined in section 197.200 shall provide
9 patient abstract data to the department.    The department
10 shall specify by rule the types of information which shall
11 be submitted and the method of submission.
122. The department shall collect data on the incidence
13 of health care-associated infections from hospitals,
14 ambulatory surgical centers, abortion facilities, and other
15 facilities as necessary to generate the reports required by
16 this section.    Hospitals, ambulatory surgical centers,
17 abortion facilities, and other facilities shall provide such
18 data in compliance with this section.    In order to
19 streamline government and to eliminate duplicative reporting
20 requirements, if the Centers for Medicare and Medicaid
21 Services, or its successor entity, requires hospitals to
22 submit health care-associated infection data, then hospitals
23 and the department shall not be required to comply with the
24 health care-associated infection data reporting requirements
25 of subsections 2 to 17 of this section applicable to
26 hospitals, except that the department shall post a link on
SS SCS SB 890  21
27 its website to publicly reported data by hospitals on the
28 Centers for Medicare and Medicaid Services' Hospital Compare
29 website, or its successor.
303. The department shall promulgate rules specifying
31 the standards and procedures for the collection, analysis,
32 risk adjustment, and reporting of the incidence of health
33 care-associated infections and the types of infections and
34 procedures to be monitored pursuant to subsection 13 of this
35 section. In promulgating such rules, the department shall[:
36(1)] use methodologies and systems for data collection
37 established by the federal Centers for Disease Control and
38 Prevention's National Healthcare Safety Network, or its
39 successor[; and
40(2) Consider the findings and recommendations of the
41 infection control advisory panel established pursuant to
42 section 197.165].
434. [By January 1, 2017, the infection control advisory
44 panel created by section 197.165 shall make recommendations
45 to] The department [regarding] shall continue to assess the
46 Centers for Medicare and Medicaid Services' health care-
47 associated infection data collection, analysis, and public
48 reporting requirements for hospitals, ambulatory surgical
49 centers, and other facilities in the federal Centers for
50 Disease Control and Prevention's National Healthcare Safety
51 Network, or its successor, in lieu of all or part of the
52 data collection, analysis, and public reporting requirements
53 of this section.    The [advisory panel recommendations]
54 department shall address which hospitals shall be required
55 as a condition of licensure to use the National Healthcare
56 Safety Network for data collection; the use of the National
57 Healthcare Safety Network for risk adjustment and analysis
58 of hospital submitted data; and the use of the Centers for
SS SCS SB 890  22
59 Medicare and Medicaid Services' Hospital Compare website, or
60 its successor, for public reporting of the incidence of
61 health care-associated infection metrics.   [The advisory
62 panel shall consider the following factors in developing its
63 recommendation:
64(1) Whether the public is afforded the same or greater
65 access to facility-specific infection control indicators and
66 metrics;
67(2) Whether the data provided to the public is subject
68 to the same or greater accuracy of risk adjustment;
69(3) Whether the public is provided with the same or
70 greater specificity of reporting of infections by type of
71 facility infections and procedures;
72(4) Whether the data is subject to the same or greater
73 level of confidentiality of the identity of an individual
74 patient;
75(5) Whether the National Healthcare Safety Network, or
76 its successor, has the capacity to receive, analyze, and
77 report the required data for all facilities;
78(6) Whether the cost to implement the National
79 Healthcare Safety Network infection data collection and
80 reporting system is the same or less.]
815. [After considering the recommendations of the
82 infection control advisory panel, and provided that the
83 requirements of subsection 13 of this section can be met,]
84 The department shall implement guidelines from the federal
85 Centers for Disease Control and Prevention's National
86 Healthcare Safety Network, or its successor.   It shall be a
87 condition of licensure for hospitals that meet the minimum
88 public reporting requirements of the National Healthcare
89 Safety Network and the Centers for Medicare and Medicaid
90 Services to participate in the National Healthcare Safety
 SS SCS SB 890  23
91  Network, or its successor.   Such hospitals shall permit the
92  National Healthcare Safety Network, or its successor, to
93  disclose facility-specific infection data to the department
94  as required under this section, and as necessary to provide
95  the public reports required by the department.   It shall be
96  a condition of licensure for any ambulatory surgical center
97  or abortion facility which does not voluntarily participate
98  in the National Healthcare Safety Network, or its successor,
99  to submit facility-specific data to the department as
100 required under this section, and as necessary to provide the
101 public reports required by the department.
1026. The department shall not require the resubmission
103 of data which has been submitted to the department of health
104 and senior services or the department of social services
105 under any other provision of law.   The department of health
106 and senior services shall accept data submitted by
107 associations or related organizations on behalf of health
108 care providers by entering into binding agreements
109 negotiated with such associations or related organizations
110 to obtain data required pursuant to section 192.665 and this
111 section. A health care provider shall submit the required
112 information to the department of health and senior services:
113(1) If the provider does not submit the required data
114 through such associations or related organizations;
115(2) If no binding agreement has been reached within
116 ninety days of August 28, 1992, between the department of
117 health and senior services and such associations or related
118 organizations; or
119(3) If a binding agreement has expired for more than
120 ninety days.
1217. Information obtained by the department under the
122 provisions of section 192.665 and this section shall not be
 SS SCS SB 890  24
123 public information.   Reports and studies prepared by the
124 department based upon such information shall be public
125 information and may identify individual health care
126 providers. The department of health and senior services may
127 authorize the use of the data by other research
128 organizations pursuant to the provisions of section
129 192.067. The department shall not use or release any
130 information provided under section 192.665 and this section
131 which would enable any person to determine any health care
132 provider's negotiated discounts with specific preferred
133 provider organizations or other managed care organizations.
134 The department shall not release data in a form which could
135 be used to identify a patient.   Any violation of this
136 subsection is a class A misdemeanor.
1378. The department shall undertake a reasonable number
138 of studies and publish information, including at least an
139 annual consumer guide, in collaboration with health care
140 providers, business coalitions and consumers based upon the
141 information obtained pursuant to the provisions of section
142 192.665 and this section.   The department shall allow all
143 health care providers and associations and related
144 organizations who have submitted data which will be used in
145 any publication to review and comment on the publication
146 prior to its publication or release for general use.     The
147 publication shall be made available to the public for a
148 reasonable charge.
1499. Any health care provider which continually and
150 substantially, as these terms are defined by rule, fails to
151 comply with the provisions of this section shall not be
152 allowed to participate in any program administered by the
153 state or to receive any moneys from the state.
 SS SCS SB 890  25
15410. A hospital, as defined in section 197.020,
155 aggrieved by the department's determination of ineligibility
156 for state moneys pursuant to subsection 9 of this section
157 may appeal as provided in section 197.071.    An ambulatory
158 surgical center or abortion facility as defined in section
159 197.200 aggrieved by the department's determination of
160 ineligibility for state moneys pursuant to subsection 9 of
161 this section may appeal as provided in section 197.221.
16211. The department of health may promulgate rules
163 providing for collection of data and publication of the
164 incidence of health care-associated infections for other
165 types of health facilities determined to be sources of
166 infections; except that, physicians' offices shall be exempt
167 from reporting and disclosure of such infections.
16812. [By January 1, 2017, the advisory panel shall
169 recommend and] The department shall adopt in regulation
170 [with an effective date of no later than January 1, 2018,]
171 the requirements for the reporting of the following types of
172 infections as specified in this subsection:
173(1) Infections associated with a minimum of four
174 surgical procedures for hospitals and a minimum of two
175 surgical procedures for ambulatory surgical centers that
176 meet the following criteria:
177(a) Are usually associated with an elective surgical
178 procedure. An "elective surgical procedure" is a planned,
179 nonemergency surgical procedure that may be either medically
180 required such as a hip replacement or optional such as
181 breast augmentation;
182(b) Demonstrate a high priority aspect such as
183 affecting a large number of patients, having a substantial
184 impact for a smaller population, or being associated with
185 substantial cost, morbidity, or mortality; or
 SS SCS SB 890  26
186(c) Are infections for which reports are collected by
187 the National Healthcare Safety Network or its successor;
188(2) Central line-related bloodstream infections;
189(3) Health care-associated infections specified for
190 reporting by hospitals, ambulatory surgical centers, and
191 other health care facilities by the rules of the Centers for
192 Medicare and Medicaid Services to the federal Centers for
193 Disease Control and Prevention's National Healthcare Safety
194 Network, or its successor; and
195(4) Other categories of infections that may be
196 established by rule by the department.
197 The department[, in consultation with the advisory panel,]
198 shall be authorized to collect and report data on subsets of
199 each type of infection described in this subsection.
20013. [In consultation with the infection control
201 advisory panel established pursuant to section 197.165,] The
202 department shall develop and disseminate to the public
203 reports based on data compiled for a period of twelve
204 months. Such reports shall be updated [quarterly] at least
205 annually and shall show for each hospital, ambulatory
206 surgical center, abortion facility, and other facility
207 metrics on risk-adjusted health care-associated infections
208 under this section.
20914. The types of infections under subsection 12 of
210 this section to be publicly reported shall be determined by
211 the department by rule and shall be consistent with the
212 infections tracked by the National Healthcare Safety
213 Network, or its successor.
21415. Reports published pursuant to subsection 13 of
215 this section shall be published and readily accessible on
216 the department's internet website.   The reports shall be
 SS SCS SB 890  27
217 distributed at least annually to the governor and members of
218 the general assembly.   The department shall make such
219 reports available to the public for a period of at least two
220 years.
22116. The Hospital Industry Data Institute shall publish
222 a report of Missouri hospitals', ambulatory surgical
223 centers', and abortion facilities' compliance with
224 standardized quality of care measures established by the
225 federal Centers for Medicare and Medicaid Services for
226 prevention of infections related to surgical procedures.     If
227 the Hospital Industry Data Institute fails to do so by July
228 31, 2008, and annually thereafter, the department shall be
229 authorized to collect information from the Centers for
230 Medicare and Medicaid Services or from hospitals, ambulatory
231 surgical centers, and abortion facilities and publish such
232 information in accordance with this section.
23317. The data collected or published pursuant to this
234 section shall be available to the department for purposes of
235 licensing hospitals, ambulatory surgical centers, and
236 abortion facilities pursuant to chapter 197.
23718. The department shall promulgate rules to implement
238 the provisions of section 192.131 and sections 197.150 to
239 197.160. Any rule or portion of a rule, as that term is
240 defined in section 536.010, that is created under the
241 authority delegated in this section shall become effective
242 only if it complies with and is subject to all of the
243 provisions of chapter 536 and, if applicable, section
244 536.028. This section and chapter 536 are nonseverable and
245 if any of the powers vested with the general assembly
246 pursuant to chapter 536 to review, to delay the effective
247 date, or to disapprove and annul a rule are subsequently
248 held unconstitutional, then the grant of rulemaking
 SS SCS SB 890  28
249 authority and any rule proposed or adopted after August 28,
250 2004, shall be invalid and void.
25119. [No later than August 28, 2017,] Each hospital,
252 excluding mental health facilities as defined in section
253 632.005, and each ambulatory surgical center and abortion
254 facility as defined in section 197.200, shall in
255 consultation with its medical staff establish an
256 antimicrobial stewardship program for evaluating the
257 judicious use of antimicrobials, especially antibiotics that
258 are the last line of defense against resistant infections.
259 The hospital's stewardship program and the results of the
260 program shall be monitored and evaluated by hospital quality
261 improvement departments and shall be available upon
262 inspection to the department.      At a minimum, the
263 antimicrobial stewardship program shall be designed to
264 evaluate that hospitalized patients receive, in accordance
265 with accepted medical standards of practice, the appropriate
266 antimicrobial, at the appropriate dose, at the appropriate
267 time, and for the appropriate duration.
26820. Hospitals described in subsection 19 of this
269 section shall meet the National Healthcare Safety Network
270 requirements for reporting antimicrobial usage or resistance
271 by using the Centers for Disease Control and Prevention's
272 Antimicrobial Use and Resistance (AUR) Module when
273 conditions of participation promulgated by the Centers for
274 Medicare and Medicaid Services requiring the electronic
275 reporting of antibiotic use or antibiotic resistance by
276 hospitals become effective.    When such antimicrobial usage
277 or resistance reporting takes effect, hospitals shall
278 authorize the National Healthcare Safety Network, or its
279 successor, to disclose to the department facility-specific
280 information reported to the AUR Module.      Facility-specific
 SS SCS SB 890  29
281 data on antibiotic usage and resistance collected under this
282 subsection shall not be disclosed to the public, but the
283 department may release case-specific information to other
284 facilities, physicians, and the public if the department
285 determines on a case-by-case basis that the release of such
286 information is necessary to protect persons in a public
287 health emergency.    Nothing in this section shall prohibit a
288 hospital from voluntarily reporting antibiotic use or
289 antibiotic resistance data through the National Healthcare
290 Safety Network, or its successor, prior to the effective
291 date of the conditions of participation requiring the
292 reporting.
29321. The department shall make a report to the general
294 assembly beginning January 1, 2018, and on every January
295 first thereafter on the incidence, type, and distribution of
296 antimicrobial-resistant infections identified in the state
297 and within regions of the state.
1192.700.   There is hereby established a state arthritis
2  program. [The board and the committee established by
3  sections 192.700 to 192.727 are to administer state, federal
4  and private grants and programs dealing with arthritis and
5  related diseases as a part of this arthritis program.]
6  Regional arthritis [centers] programs established pursuant
7  to sections 192.700 to 192.727 constitute part of the state
8  arthritis program.
1192.703.   As used in sections 192.700 to 192.727, the
2  [following terms mean:
3(1) "Board", the Missouri arthritis advisory board;
4(2) "Committee", the arthritis program review
5  committee;
6(3)] term "director"[,] means the director of the
7  department of health and senior services.
SS SCS SB 890  30
1192.714.    1. Beginning October 1, [1984] 2026, there
2 shall be established within this state, and within the
3 department of health and senior services, [a network of]
4 regional arthritis [centers] programs, subject to
5 appropriations, designed to [demonstrate and stimulate the
6 prompt and effective application of available knowledge for
7 the treatment of patients with arthritis and related
8 musculoskeletal diseases, and to develop new knowledge
9 essential for the control of these disorders] improve
10 knowledge and access to arthritis management among adults
11 with arthritis.
122. The arthritis [centers] programs established
13 pursuant to sections 192.700 to 192.727 shall operate
14 programs in the area of education of patients, their
15 families, and the public.
16[3. At least one regional arthritis center shall be
17 established in each of the following seven regions, the
18 boundaries of which shall be determined by the board:
19(1) Greater St. Louis area;
20(2) Southeast;
21(3) Northeast;
22(4) Central;
23(5) Southwest;
24(6) Northwest; and
25(7) Greater Kansas City area.]
1196.1106.   Centers for life sciences research shall be
2 established and shall be subject to the following provisions:
3(1) A "center for excellence for life sciences
4 research" means a system or regional consortium of public
5 and private not-for-profit academic, research, or health
6 care institutions or organizations engaged in competitive
7 research in targeted fields consistent with the strategic
SS SCS SB 890  31
8 purposes of life sciences research as provided in sections
9 196.1100 to 196.1130;
10(2) The [life sciences research board] department of
11 economic development shall monitor and adopt such rules as
12 are necessary to assure quality and accountability in the
13 operation of the centers for excellence for life sciences
14 research;
15(3) One St. Louis area center for excellence may be
16 established within the geographical area encompassing the
17 city of St. Louis and St. Louis, St. Charles, Jefferson, and
18 Franklin counties.   If any part of a municipality is located
19 within any one such county and also encompasses a part of
20 another county in this state, the entire area encompassed
21 within the city limits of such municipality shall be a part
22 of the geographical area of the St. Louis area center for
23 excellence;
24(4) One Kansas City area center for excellence may be
25 established within the geographical area encompassing
26 Jackson, Clay, Andrew, Buchanan, and Platte counties.    If
27 any part of a municipality is located within any one such
28 county and also encompasses a part of another county in this
29 state, the entire area encompassed within the city limits of
30 such municipality shall be a part of the geographical area
31 of the Kansas City area center for excellence;
32(5) One Springfield center for excellence may be
33 established within the geographical area encompassing
34 Greene, Christian, and Webster counties;
35(6) A Missouri statewide center for excellence may be
36 established that shall encompass the institutions,
37 agricultural research centers dedicated to the development
38 of plant-made pharmaceuticals, and campuses within the
39 University of Missouri system and those regions of Missouri
SS SCS SB 890  32
40 not encompassed within another center for excellence;
41 provided that the University of Missouri-Kansas City and the
42 University of Missouri-St. Louis shall participate in the
43 centers for excellence in their respective geographical
44 regions;
45(7) The [life sciences research board] department of
46 economic development shall receive and review suggestions
47 for the formation and composition of the initial centers for
48 excellence. After receiving and reviewing such suggestions,
49 the [life sciences research board] department shall
50 determine the initial composition, and shall consider and
51 approve the organizational plan and structure of the St.
52 Louis area, Kansas City area, Springfield area, and Missouri
53 statewide centers for excellence;
54(8) Before any center for excellence is considered to
55 be a center for excellence for life sciences research under
56 sections 196.1100 to 196.1130, its composition and
57 organizational structure shall be approved by the [life
58 sciences research board] department;
59(9) Any center for excellence for life sciences
60 research that is established within a geographical area
61 specified in sections 196.1100 to 196.1130 shall be
62 comprised of a consortium of public and private not-for-
63 profit academic, research, or health care institutions or
64 organizations that have collectively at least fifteen
65 million dollars in annual research expenditures in the life
66 sciences, including a collective minimum of two million
67 dollars in basic research in life sciences;
68(10) Each center for excellence for life sciences
69 research shall appoint a screening committee.   The centers,
70 through their screening committees, shall solicit, collect,
71 prioritize, and forward to the [life sciences research
SS SCS SB 890  33
72 board] department proposed research initiatives for
73 consideration for funding by the [board] department.
74 Members of each screening committee shall generally be
75 familiar with the life sciences and current trends and
76 developments with either technical or scientific expertise
77 in the life sciences with an understanding of life sciences
78 and with an understanding of the application of the results
79 of life sciences research.   No member of a screening
80 committee shall be employed by any public or private entity
81 eligible to receive financial support from the life sciences
82 research trust fund; and
83(11) The centers for excellence for life sciences
84 research shall have any and all powers attendant to carrying
85 out the operations that are not contrary to the provisions
86 of sections 196.1100 to 196.1130 or any rules, guidelines,
87 or decisions adopted by the [life sciences research board]
88 department.
1[196.1109. All moneys that are
2      appropriated by the general assembly from the
3      life sciences research trust fund shall be
4      appropriated to the life sciences research board
5      to increase the capacity for quality of life
6      sciences research at public and private not-for-
7      profit institutions in the state of Missouri and
8      to thereby:
9(1) Improve the quantity and quality of
10      life sciences research at public and private not-
11      for-profit institutions, including but not
12      limited to basic research (including the
13      discovery of new knowledge), translational
14      research (including translating knowledge into a
15      usable form), and clinical research (including
16      the literal application of a therapy or
17      intervention to determine its efficacy),
18      including but not limited to health research in
19      human development and aging, cancer, endocrine,
20      cardiovascular, neurological, pulmonary, and
SS SCS SB 890  34
21      infectious disease, and plant sciences,
22      including but not limited to nutrition and food
23      safety; and
24(2) Enhance technology transfer and
25      technology commercialization derived from
26      research at public and private not-for-profit
27      institutions within the centers for excellence.
28      For purposes of sections 196.1100 to 196.1130,
29      "technology transfer and technology
30      commercialization" includes stages of the
31      regular business cycle occurring after research
32      and development of a life science technology,
33      including but not limited to reduction to
34      practice, proof of concept, and achieving
35      federal Food and Drug Administration, United
36      States Department of Agriculture, or other
37      regulatory requirements in addition to the
38      definition in section 348.251.
39      Funds received by the board may be used for
40      purposes authorized in sections 196.1100 to
41      196.1130 and shall be subject to the
42      restrictions of sections 196.1100 to 196.1130,
43      including but not limited to the costs of
44      personnel, supplies, equipment, and renovation
45      or construction of physical facilities; provided
46      that in any single fiscal year no more than
47      thirty percent of the moneys appropriated shall
48      be used for the construction of physical
49      facilities and further provided that in any
50      fiscal year up to eighty percent of the moneys
51      shall be appropriated to build research capacity
52      at public and private not-for-profit
53      institutions and at least twenty percent and no
54      more than fifty percent of the moneys shall be
55      appropriated for grants to public or private not-
56      for-profit institutions to promote life science
57      technology transfer and technology
58      commercialization. Of the moneys appropriated
59      to build research capacity, twenty percent of
60      the moneys shall be appropriated to promote the
61      development of research of tobacco-related
62      illnesses.]
SS SCS SB 890  35
1196.1109.   All moneys that are appropriated by the
2 general assembly from the life sciences research trust fund
3 shall be appropriated to the [life sciences research board]
4 department of economic development to increase the capacity
5 for quality of life sciences research at public and private
6 not-for-profit institutions in the state of Missouri and to
7 thereby:
8(1) Improve the quantity and quality of life sciences
9 research at public and private not-for-profit institutions,
10 including but not limited to basic research (including the
11 discovery of new knowledge), translational research
12 (including translating knowledge into a usable form), and
13 clinical research (including the literal application of a
14 therapy or intervention to determine its efficacy),
15 including but not limited to health research in human
16 development and aging, cancer, endocrine, cardiovascular,
17 neurological, pulmonary, and infectious disease, and plant
18 sciences, including but not limited to nutrition and food
19 safety; and
20(2) Enhance technology transfer and technology
21 commercialization derived from research at public and
22 private not-for-profit institutions within the centers for
23 excellence. For purposes of sections 196.1100 to 196.1130,
24 "technology transfer and technology commercialization"
25 includes stages of the regular business cycle occurring
26 after research and development of a life science technology,
27 including but not limited to reduction to practice, proof of
28 concept, and achieving federal Food and Drug Administration,
29 United States Department of Agriculture, or other regulatory
30 requirements in addition to the definition in section
31 348.251.
SS SCS SB 890  36
32 Funds received by the [board] department may be used for
33 purposes authorized in sections 196.1100 to 196.1130 and
34 shall be subject to the restrictions of sections 196.1100 to
35 196.1130, including but not limited to the costs of
36 personnel, supplies, equipment, and renovation or
37 construction of physical facilities; provided that in any
38 single fiscal year no more than ten percent of the moneys
39 appropriated shall be used for the construction of physical
40 facilities and further provided that in any fiscal year
41 eighty percent of the moneys shall be appropriated to build
42 research capacity at public and private not-for-profit
43 institutions and twenty percent of the moneys shall be
44 appropriated for grants to public or private not-for-profit
45 institutions to promote life science technology transfer and
46 technology commercialization.     Of the moneys appropriated to
47 build research capacity, twenty percent of the moneys shall
48 be appropriated to promote the development of research of
49 tobacco-related illnesses.
1196.1112.   In determining projects to authorize, the
2 [life sciences research board] department of economic
3 development shall consider those proposals endorsed by a
4 center for excellence, subject to a process of peer review
5 conducted under the auspices of the [board] department, and
6 shall also consider the potential of any proposal to bring
7 both health and economic benefits to the people of
8 Missouri. Specifically, at least eighty percent of the
9 moneys that are appropriated to the [board] department in
10 each fiscal year shall be distributed to public and private
11 not-for-profit institutions or organizations whose programs
12 and proposals have been recommended by a center for
13 excellence that meets the requirements set forth in
14 subdivisions (8) and (9) of section 196.1106.     Collectively,
SS SCS SB 890  37
15 the institutions or organizations within a single center for
16 excellence shall receive in a single fiscal year no more
17 than fifty percent of the moneys appropriated to the [board]
18 department during such fiscal year.   No single institution
19 or organization shall receive in any consecutive three-
20 fiscal-year period more than forty percent of the moneys
21 appropriated to the [board] department during such three-
22 fiscal-year period.
1[196.1115. 1. The moneys appropriated to
2      the life sciences research board that are not
3      distributed by the board in any fiscal year to a
4      center for excellence or a center for excellence
5      endorsed program pursuant to section 196.1112,
6      if any, shall be held in reserve by the board or
7      shall be awarded on the basis of peer review
8      panel recommendations for capacity building
9      initiatives proposed by public and private not-
10      for-profit academic, research, or health care
11      institutions or organizations, or individuals
12      engaged in competitive research in targeted
13      fields consistent with the provisions of
14      sections 196.1100 to 196.1130.
152. The life sciences research board may,
16      in view of the limitations expressed in section
17      196.1130:
18(1) Award and enter into grants or
19      contracts relating to increasing Missouri's
20      research capacity at public or private not-for-
21      profit institutions;
22(2) Make provision for peer review panels
23      to recommend and review research projects;
24(3) Contract for support services;
25(4) Lease or acquire facilities and
26      equipment;
27(5) Employ administrative staff; and
28(6) Receive, retain, hold, invest,
29      disburse or administer any moneys that it
30      receives from appropriations or from any other
31      source.
323. The Missouri technology corporation,
33      established under section 348.251, shall serve
SS SCS SB 890  38
34      as the administrative agent for the life
35      sciences research board.
364. The life sciences research board shall
37      utilize as much of the moneys as reasonably
38      possible for building capacity at public and
39      private not-for-profit institutions to do
40      research rather than for administrative
41      expenses. The board shall not in any fiscal
42      year expend more than two percent of the total
43      moneys appropriated to it and of the moneys that
44      it has in reserve or has received from other
45      sources for its own administrative expenses for
46      appropriations equal to or greater than twenty
47      million dollars; three percent for
48      appropriations less than twenty million dollars
49      but equal to or greater than fifteen million
50      dollars; four percent for appropriations less
51      than fifteen million dollars but equal to or
52      greater than ten million dollars; five percent
53      for appropriations less than ten million
54      dollars; provided, however, that the general
55      assembly by appropriation from the life sciences
56      research trust fund may authorize a limited
57      amount of additional moneys to be expended for
58      administrative costs.]
1196.1115.   1. The moneys appropriated to the [life
2 sciences research board] department of economic development
3 that are not distributed by the [board] department in any
4 fiscal year to a center for excellence or a center for
5 excellence endorsed program pursuant to section 196.1112, if
6 any, shall be held in reserve by the [board] department or
7 shall be awarded on the basis of peer review panel
8 recommendations for capacity building initiatives proposed
9 by public and private not-for-profit academic, research, or
10 health care institutions or organizations, or individuals
11 engaged in competitive research in targeted fields
12 consistent with the provisions of sections 196.1100 to
13 196.1130.
SS SCS SB 890  39
142. The [life sciences research board] department may,
15 in view of the limitations expressed in section 196.1130:
16(1) Award and enter into grants or contracts relating
17 to increasing Missouri's research capacity at public or
18 private not-for-profit institutions;
19(2) Make provision for peer review panels to recommend
20 and review research projects;
21(3) Contract for administrative and support services;
22(4) Lease or acquire facilities and equipment;
23(5) Employ administrative staff; and
24(6) Receive, retain, hold, invest, disburse or
25 administer any moneys that it receives from appropriations
26 or from any other source.
273. The [life sciences research board] department shall
28 utilize as much of the moneys as reasonably possible for
29 building capacity at public and private not-for-profit
30 institutions to do research rather than for administrative
31 expenses. The [board] department shall not in any fiscal
32 year expend more than two percent of the total moneys
33 appropriated to it and of the moneys that it has in reserve
34 or has received from other sources for its own
35 administrative expenses; provided, however, that the general
36 assembly by appropriation from the life sciences research
37 trust fund may authorize a limited amount of additional
38 moneys to be expended for administrative costs.
1196.1118.   The [life sciences research board]
2 department of economic development shall make provision for
3 and secure the state auditor or outside public accounting
4 firm an annual audit of its financial affairs and the moneys
5 expended from the life sciences research trust fund.    Such
6 audit shall be performed on a fiscal year basis and the cost
7 of such audit shall not be considered as an administrative
SS SCS SB 890  40
8 expense for purposes of subsection 3 of section 196.1115.
9 The [board] department shall make copies of each audit
10 available to the public.    Every three years the [board]
11 department, with the assistance of its staff or independent
12 contractors as determined by the [board] department, shall
13 prepare a comprehensive report assessing the work and
14 progress of the life sciences research program.   Such
15 assessment report shall analyze the impact of the [board's]
16 department's programs, grants, and contracts performed,
17 shall be provided to the governor and the general assembly,
18 and shall be available to the public.   The cost of such
19 assessment report shall not be considered an administrative
20 expense for purposes of subsection 3 of section 196.1115.
1196.1121.   1. Grant or contract awards made with
2 moneys appropriated from the life sciences research trust
3 fund shall provide for the reimbursement of costs.    Whether
4 reimbursement of specific costs is allowed depends on the
5 application of a four-part test balancing which shall
6 include:
7(1) The reasonableness of the cost;
8(2) The connection to the grant or contract;
9(3) The consistency demonstrated in assigning costs to
10 the grant or contract; and
11(4) Conformance with the specific terms and conditions
12 of the award or contract.
13 The [life sciences research board] department of economic
14 development may from time to time issue rules and guidelines
15 consistent with such four-part test and provide grant and
16 contract recipients with a list or other explanation of
17 regularly permitted costs.
SS SCS SB 890  41
182. Grant and contract recipients shall preserve
19 research freedom, ensure timely disclosure of their research
20 findings to the scientific community, including through
21 publications and presentations at scientific meetings, and
22 promote utilization, commercialization, and public
23 availability of their inventions and other intellectual
24 property developed as a general institutional policy.
25 Institutions or organizations receiving grant or contract
26 awards shall retain all right, title, and interest,
27 including all intellectual property rights, in and to any
28 and all inventions, ideas, data, improvements,
29 modifications, know-how, creations, copyrightable material,
30 trade secrets, methods, processes, discoveries, and
31 derivatives, regardless of patentability, that are made in
32 the performance of work under a grant award.   The [life
33 sciences research board] department shall adopt reasonable
34 rules to ensure that any such intellectual property rights
35 are utilized reasonably and in a manner that is in the
36 public interest.
1196.1127.   1. The moneys appropriated to the [life
2 sciences research board] department of economic development
3 pursuant to sections 196.1100 to 196.1124 shall be subject
4 to the provisions of this section.
52. As used in this section, the following terms shall
6 mean:
7(1) "Abortion services" include performing, inducing,
8 or assisting with abortions, as defined in section 188.015,
9 or encouraging patients to have abortions, referring
10 patients for abortions not necessary to save the life of the
11 mother, or development of drugs, chemicals, or devices
12 intended to be used to induce an abortion;
SS SCS SB 890  42
13(2) "Child", a human being recognized as a minor
14 pursuant to the laws of this state, including if in vivo, an
15 unborn child as defined in section 188.015 and if in vitro,
16 a human being at any of the stages of biological development
17 of an unborn child from conception or inception onward;
18(3) "Conception", the same meaning as such term is
19 defined in section 188.015;
20(4) "Facilities and administrative costs", those costs
21 that are incurred for common or joint objectives and
22 therefore cannot be identified readily and specifically with
23 a particular research project or any other institutional
24 activity;
25(5) "Human cloning", the creation of a human being by
26 any means other than by the fertilization of an oocyte of a
27 human female by a sperm of a human male;
28(6) "Prohibited human research", research in a
29 research project in which there is the taking or utilization
30 of the organs, tissues, or cellular material of:
31(a) A deceased child, unless consent is given by the
32 parents in a manner provided in sections 194.210 to 194.290
33 relating to anatomical gifts, and neither parent caused the
34 death of such child or consented to another person causing
35 the death of such child;
36(b) A living child, when the intended or likely result
37 of such taking or utilization is to kill or cause harm to
38 the health, safety, or welfare of such child, or when the
39 purpose is to target such child for possible destruction in
40 the future;
41(7) "Public funds", include:
42(a) Any moneys received or controlled by the state of
43 Missouri or any official, department, division, agency, or
44 political subdivision thereof, including but not limited to
SS SCS SB 890  43
45 moneys derived from federal, state, or local taxes, gifts,
46 or grants from any source, settlements of any claims or
47 causes of action, public or private, bond proceeds, federal
48 grants or payments, or intergovernmental transfers;
49(b) Any moneys received or controlled by an official,
50 department, division, or agency of state government or any
51 political subdivision thereof, or to any person or entity
52 pursuant to appropriation by the general assembly or
53 governing body of any political subdivision of this state;
54(8) "Research project", research proposed to be funded
55 by an award of public funds conducted under the auspices of
56 the entity or entities that applied for and received such
57 award, regardless of whether the research is funded in whole
58 or in part by such award.    Such research shall include basic
59 research, including the discovery of new knowledge;
60 translational research, including translational knowledge in
61 a usable form; and clinical research, including but not
62 limited to health research in human development and aging,
63 cancer, endocrine, cardiovascular, neurological, pulmonary,
64 and infectious disease.
653. Public funds shall not be expended, paid, or
66 granted to or on behalf of an existing or proposed research
67 project that involves abortion services, human cloning, or
68 prohibited human research.   A research project that receives
69 an award of public funds shall not share costs with another
70 research project, person, or entity not eligible to receive
71 public funds pursuant to this subsection; provided that a
72 research project that receives an award of public funds may
73 pay a pro rata share of facilities and administrative costs
74 determined in the award of public funds according to
75 standards that ensure that public funds do not in any way
76 subsidize facilities and administrative costs of other
 SS SCS SB 890  44
77  research projects, persons, or entities not eligible to
78  receive public funds pursuant to this subsection.   The
79  application for an award of public funds shall set forth the
80  proposed rates of pro rata cost reimbursement and shall
81  provide supporting data and rationale for such rates.        All
82  applicants for and recipients of awards of public funds
83  shall comply with the cost accounting principles set forth
84  in Part 9905 of Title 48 of the Code of Federal Regulations,
85  or successor regulations, in connection with the application
86  for and administration of the research project.   All moneys
87  derived from an award of public funds shall be expended only
88  by checks, drafts, or electronic transfers using a separate
89  accounting process maintained for each research project.       No
90  moneys derived from an award of public funds shall be used
91  to cover costs for any other research project or to any
92  other person or entity.   No moneys derived from an award of
93  public funds shall be passed through to any other research
94  project, person, or entity unless included in the original
95  application for the award of public funds or in subsequent
96  amendments or requests to use separate contractors.      A
97  research project that receives an award of public funds
98  shall maintain financial records that demonstrate strict
99  compliance with this subsection.   Any audit conducted
100 pursuant to any grant or contract awarding public funds
101 shall also certify whether there is compliance with this
102 subsection and shall note any noncompliance as a material
103 audit finding.
1044. The provisions of this section shall inure to the
105 benefit of all residents of this state.   Any taxpayer of
106 this state or any political subdivision of this state shall
107 have standing to bring suit against the state of Missouri or
108 any official, department, division, agency, or political
 SS SCS SB 890  45
109 subdivision of this state, and any recipient of public funds
110 who or which is in violation of this subsection in any
111 circuit court with jurisdiction to enforce the provisions of
112 this section.
1135. This section shall not be construed to permit or
114 make lawful any conduct that is otherwise unlawful pursuant
115 to the laws of this state.
1166. Any provision of this section is not severable from
117 any appropriation subject to this section or any application
118 declared by any court to be subject to this section.        If any
119 provision of this section is found to be invalid or
120 unconstitutional, any appropriation subject to this section
121 or any appropriation declared by any court to be subject to
122 this section shall be void, invalid, and unenforceable.
1209.285.    As used in sections 209.285 to 209.339,
2  unless the context clearly requires otherwise, the following
3  terms mean:
4(1) "American sign language", a visual-gestural system
5  of communication that has its own syntax, rhetoric and
6  grammar. American sign language is recognized, accepted and
7  used by many deaf Americans.       This native language
8  represents concepts rather than words;
9(2) ["Board", the Missouri board for certification of
10  interpreters, established within the commission in section
11  209.287;
12(3)]   "Certification", a document issued by the
13  Missouri commission for the deaf and hard of hearing
14  declaring that the holder is qualified to practice
15  interpreting at a disclosed level;
16[(4)] (3)   "Commission", the Missouri commission for
17  the deaf and hard of hearing;
SS SCS SB 890  46
18[(5)] (4)    "Committee", the Missouri state committee of
19 interpreters, established in section 209.319;
20[(6)] (5)    "Conversion levels", the process of granting
21 levels of certification by the commission to individuals
22 holding certification from another state or within another
23 certification system in this state or another state;
24[(7)] (6)    "Coordinator", a staff person, hired by the
25 executive director of the Missouri commission for the deaf
26 and hard of hearing, who shall serve as coordinator for the
27 Missouri interpreter certification system;
28[(8)] (7)    "Deaf person", any person who is not able to
29 discriminate speech when spoken in a normal conversational
30 tone regardless of the use of amplification devices;
31[(9)] (8)    "Department", the department of commerce and
32 insurance;
33[(10)] (9)    "Director", the director of the division of
34 professional registration;
35[(11)] (10)   "Division", the division of professional
36 registration;
37[(12)] (11)   "Executive director", the executive
38 director of the Missouri commission for the deaf and hard of
39 hearing;
40[(13)] (12)   "Interpreter", any person who offers to
41 render interpreting services implying that he or she is
42 trained, and experienced in interpreting, and holds a
43 current, valid certification and license to practice
44 interpreting in this state; provided that a
45 telecommunications operator providing deaf relay service or
46 a person providing operator services for the deaf shall not
47 be considered to be an interpreter;
48[(14)] (13)   "Interpreter trainer", a person, certified
49 and licensed by the state of Missouri as an interpreter, who
SS SCS SB 890  47
50 trains new interpreters in the translating of spoken English
51 or written concepts to any necessary specialized vocabulary
52 used by a deaf consumer.    Necessary specialized vocabularies
53 include, but are not limited to, American sign language,
54 Pidgin Signed English, oral, tactile sign and language
55 deficient skills;
56[(15)] (14)   "Interpreting", the translating of English
57 spoken or written concepts to any necessary specialized
58 vocabulary used by a deaf person or the translating of a
59 deaf person's specialized vocabulary to English spoken or
60 written concepts; provided that a telecommunications
61 operator providing deaf relay service or a person providing
62 operator services for the deaf shall not be considered to be
63 interpreting.   Necessary specialized vocabularies include,
64 but are not limited to, American sign language, Pidgin
65 Signed English, oral, tactile sign and language deficient
66 skills;
67[(16)] (15)   "Language deficient", mode of
68 communication used by deaf individuals who lack crucial
69 language components, including, but not limited to,
70 vocabulary, language concepts, expressive skills, language
71 skills and receptive skills;
72[(17)] (16)   "Missouri commission for the deaf",
73 Missouri commission for the deaf and hard of hearing
74 established in section 161.400;
75[(18)] (17)   "Oral", mode of communication having
76 characteristics of speech, speech reading and residual
77 hearing as a primary means of communication using
78 situational and culturally appropriate gestures, without the
79 use of sign language;
SS SCS SB 890  48
80[(19)] (18)   "Pidgin Signed English", a mode of
81 communication having characteristics of American sign
82 language;
83[(20)] (19)   "Practice of interpreting", rendering or
84 offering to render or supervise those who render to
85 individuals, couples, groups, organizations, institutions,
86 corporations, schools, government agencies or the general
87 public any interpreting service involving the translation of
88 any mode of communication used by a deaf person to spoken
89 English or of spoken English to a mode of communication used
90 by a deaf person;
91[(21)] (20)   "Tactile sign", mode of communication,
92 used by deaf and blind individuals, using any one or a
93 combination of the following:      tactile sign, constricted
94 space sign or notetaking.
1209.292.   [1.]   The [board] commission shall[, with the
2 approval of the commission]:
3(1) Prescribe qualifications for each of the several
4 levels of certification based on proficiency and shall
5 evaluate and certify interpreters using such qualifications;
6(2) Issue the certificates, bearing the signature of
7 the executive director, necessary to qualify for a license
8 to interpret;
9(3) Develop a fee scale for interpreting services,
10 pursuant to section 161.405;
11(4) Maintain the quality of interpreting services,
12 pursuant to section 161.405, by:
13(a) Generating ideas for conducting interpreter
14 training workshops to update knowledge and skills; and
15(b) Suggesting institutions of higher education to
16 provide interpreter training programs;
SS SCS SB 890  49
17(5) Develop specific guidelines for the use of
18 interpreters according to their level of certification and
19 submit the guidelines to the division and copies to be
20 distributed to state departments, agencies, commissions,
21 courts, interpreters and to the public;
22(6) Develop ethical rules of conduct to be recommended
23 for adoption by the division;
24(7) Develop fees for application, administration of an
25 evaluation, conversion and certificate renewal, to cover the
26 cost of the certification system and administration;
27(8) Compile a statewide registry of interpreters by
28 skill level and include recommendations relating to the
29 appropriate selection and utilization of interpreters for
30 the deaf. The registry shall be made available to and
31 recommended for adoption by state commissions, departments
32 and agencies;
33(9) Develop a conversion system and policy for
34 accepting other certification systems into the certification
35 offered by the Missouri commission for the deaf and hard of
36 hearing;
37(10) Develop acceptable professional development
38 activities to maintain certification;
39(11) Investigate and implement the most appropriate
40 testing model for interpreter certification;
41(12) When necessary, develop an evaluation team,
42 appointed by the commission, to assist in evaluating
43 interpreters;
44(13) Provide opportunity to hear grievances against
45 the certification process or one of its members using the
46 guidelines established in chapter 621.
47[2. An evaluation team appointed pursuant to
48 subdivision (12) of subsection 1 of this section shall have
SS SCS SB 890  50
49 similar backgrounds to the members of the board.       The
50 evaluation team shall serve at the pleasure of the
51 commission. The commission shall reimburse evaluators for
52 actual and necessary expenses incurred in the performance of
53 their official duties and may fairly compensate them.        A
54 member of an evaluation team may be removed from the team by
55 the executive director, after notice and an opportunity to
56 be heard, for the following reasons:     misconduct,
57 inefficiency, incompetence or neglect of official duties.]
1209.299.    The [board] commission shall schedule
2 evaluations for persons seeking certification, at a central
3 location, at least four times each year in 1995 and 1996,
4 and at least twice a year thereafter, according to the
5 number of applicants seeking certification.     As soon as
6 possible after completion of an evaluation, the coordinator
7 shall notify the applicant of his score and level of
8 certification.
1209.305.    1. The evaluation shall be an assessment of
2 interpreter's language skills, expressive and receptive
3 skills, professionalism, knowledge of interpreting and
4 ethical practices.    Modes of communication that shall be
5 evaluated include, but are not limited to:
6(1) American sign language;
7(2) Tactile sign;
8(3) Language deficient;
9(4) Oral;
10(5) Pidgin Signed English; and
11(6) Any necessary specialized vocabulary, language or
12 mode of communication in popular or regional use among deaf
13 people.
142. The [board or an evaluation team] commission shall
15 use testing materials developed by the commission or
SS SCS SB 890  51
16 contracted with a national organization to assess the
17 qualifications of interpreters.    All testing materials and
18 records shall be held confidential by the commission.
1209.307.   Any member of [the board or] an evaluation
2 team who has a conflict of interest that may have a direct
3 effect on an evaluation shall excuse himself or herself from
4 the evaluation.   The remaining members shall assess that
5 individual's performance.
1209.309.   The [board] commission may offer provisional
2 certification to interpreters achieving a minimal level of
3 certification established by the [board] commission.    A
4 provisional certification is limited to one year; during
5 such year the interpreter must be reevaluated and achieve
6 the next higher level of certification.    If an evaluation
7 slot is not available during the term of the provisional
8 license, the interpreter may be granted an extension.     A
9 holder of a provisional certification may only be granted
10 one extension.
1209.317.   1. The [board] commission may suspend, deny
2 or revoke a certificate if an interpreter:
3(1) Impersonates another person holding interpreter
4 certification;
5(2) Allows another person to use the interpreter's
6 certificate;
7(3) Uses fraud, deception or misrepresentation in the
8 certification process;
9(4) Harasses, abuses or threatens a member of the
10 [board] commission, evaluation team or a support staff
11 person who is administering the system;
12(5) Intentionally divulges confidential information
13 relating to the certification process, including content,
14 topic, vocabulary, skills or any other testing material;
SS SCS SB 890  52
15(6) Fails to achieve a minimum satisfactory
16 certification level.
172. The [board] commission shall provide that any
18 hearing concerning the denial, suspension or revocation of a
19 certificate shall follow administrative procedures for
20 hearings as provided in chapter 621.
1209.318.   1. There is hereby established in the state
2 treasury a fund to be known as the "Missouri Commission for
3 the Deaf and Hard of Hearing [Board of Certification of
4 Interpreters] Fund".   All fees provided for in sections
5 209.287 to 209.318 shall be collected by the executive
6 director of the commission and shall be transmitted to the
7 department of revenue for deposit in the state treasury to
8 the credit of the Missouri commission for the deaf and hard
9 of hearing [board of certification of interpreters] fund.
10 Such funds, upon appropriation, shall be disbursed only for
11 payment of expenses of maintaining the [board] commission
12 and for the enforcement of the provisions of sections
13 209.287 to 209.318 and shall not be used to pay the salary
14 of the coordinator hired pursuant to section 209.289.
15 Warrants shall be drawn on the state treasury for payment
16 out of the fund.
172. The provisions of section 33.080 to the contrary
18 notwithstanding, money in this fund shall not be transferred
19 and placed to the credit of general revenue until the amount
20 in the fund at the end of the biennium exceeds two times the
21 amount of the appropriation from the fund for the preceding
22 fiscal year. The amount, if any, in the fund which shall
23 lapse is that amount in the fund which exceeds the
24 appropriate multiple of the appropriations from the fund for
25 the preceding fiscal year.
SS SCS SB 890  53
263. The expenses of maintaining the [board] commission
27 enforcement of the provisions of sections 209.287 to 209.318
28 during the first fiscal year shall be paid by the commission
29 from funds appropriated from general revenue for that
30 purpose.
1209.321.   1. No person shall represent himself or
2 herself as an interpreter or engage in the practice of
3 interpreting as defined in section 209.285 in the state of
4 Missouri unless such person is licensed as required by the
5 provisions of sections 209.319 to 209.339.
62. A person registered, certified or licensed by this
7 state, another state or any recognized national
8 certification agent, acceptable to the committee that allows
9 that person to practice any other occupation or profession
10 in this state, is not considered to be interpreting if he or
11 she is in performance of the occupation or profession for
12 which he or she is registered, certified or licensed.      The
13 professions referred to in this subsection include, but are
14 not limited to, physicians, psychologists, nurses, certified
15 public accountants, architects and attorneys.
163. A licensed interpreter shall limit his or her
17 practice to demonstrated areas of competence as documented
18 by relevant professional education, training, experience and
19 certification.   An interpreter not trained in an area shall
20 not practice in that area without obtaining additional
21 relevant professional education, training and experience
22 through an acceptable program as defined by rule by the
23 Missouri commission for the deaf and hard of hearing.
244. A person is not considered to be interpreting
25 pursuant to the provisions of this section if, in a casual
26 setting and as defined by rule, a person is acting as an
SS SCS SB 890  54
27 interpreter gratuitously or is engaged in interpreting
28 incidental to traveling.
295. A person is not considered to be interpreting
30 pursuant to the provisions of this section if a person is
31 engaged as a telecommunications operator providing deaf
32 relay service or operator services for the deaf.
336. A person is not considered to be interpreting under
34 the provisions of this section if the person is currently
35 enrolled in an interpreter training program which has been
36 accredited by a certifying agency and approved by the
37 committee. The training program shall offer a degree in
38 interpreting from an accredited institution of higher
39 education. Persons exempted under this provision shall
40 engage only in activities and services that constitute part
41 of a supervised course of study and shall clearly designate
42 themselves by a title of the student, practicum student,
43 student interpreter, trainee, or intern.
447. A person holding a current certification of license
45 from another state or recognized national certification
46 system deemed acceptable by the committee is not considered
47 to be interpreting as defined in this chapter when
48 temporarily present in the state for the purpose of
49 providing interpreting services for a convention,
50 conference, meeting, professional group, or educational
51 field trip.
528. (1) The [board for certification of interpreters]
53 commission shall grant a provisional certificate in
54 education for any applicant who meets either of the
55 following criteria:
56(a) The applicant possesses a current valid
57 certification in the Missouri interpreters certification
SS SCS SB 890  55
58 system at either the novice or apprentice level and holds a
59 valid license to provide interpreting services; or
60(b) The applicant has submitted an application for
61 certification in the Missouri interpreters certification
62 system and an application for an interpreting license
63 pursuant to sections 209.319 to 209.339 and has taken the
64 written test and performance test or attests that he or she
65 will complete the certification and licensure applications
66 and take the written test within sixty days following the
67 date of application for a provisional certificate in
68 education and will complete the performance test within
69 sixty days following passage of the written test.
70(2) The [board] commission shall issue the provisional
71 certificate in education within ten business days following
72 receipt of a complete application.
73(3) A provisional certificate issued under paragraph
74 (a) of subdivision (1) of this subsection shall be valid for
75 a term of three years and shall be renewed by the [board]
76 commission, upon request by the certificate holder, for one
77 additional term of three years if the certificate holder is
78 reevaluated during the first term of issuance and achieves a
79 higher level of certification in the Missouri interpreter
80 certification system.
81(4) A provisional certificate issued under paragraph
82 (b) of subdivision (1) of this subsection shall be valid for
83 one year and shall be renewed, upon request by the
84 certificate holder, pursuant to subdivision (3) of this
85 subsection if the certificate holder is reevaluated during
86 the term of issuance and achieves a certification in the
87 Missouri interpreter certification system.   Such renewed
88 certificate shall be subject to the term length and renewal
89 provisions of subdivision (3) of this subsection.
 SS SCS SB 890  56
90(5) A provisional certificate in education shall be
91  limited to providing interpreters services in preschool,
92  elementary and secondary school settings or as allowed by
93  any other valid Missouri certification or license held by
94  the individual.
95(6) A provisional certificate in education may be
96  revoked by the board if the person makes any
97  misrepresentations or fails to fulfill any commitment made
98  pursuant to paragraph (b) of subdivision (1) of this
99  subsection, or violates the provisions of section 209.317 or
100 209.334 or breaks any of the ethical rules of conduct for
101 interpreters as established by state rule or fails to obtain
102 the necessary continuing education credits required for
103 certification maintenance.
1209.322.   The [board] commission shall recognize the
2  following certificates:
3(1) National Registry of Interpreters for the Deaf
4  (NRID) certificates, which include Comprehensive Skills
5  Certificate (CSC), Certificate of Interpreting/Certificate
6  of Transliteration (CI/CT) and Certified Deaf Interpreter
7  (CDI);
8(2) National Association of the Deaf (NAD) certificate
9  levels 3, 4 and 5; and
10(3) A provisional public school certificate.
1261.235.   [1.]   There is hereby created in the state
2  treasury for the use of the agriculture business development
3  division of the state department of agriculture a fund to be
4  known as "The AgriMissouri Fund".     All moneys received by
5  the state department of agriculture for Missouri
6  agricultural products marketing development from any source,
7  including trademark fees, shall be deposited in the fund.
8  Moneys deposited in the fund shall, upon appropriation by
SS SCS SB 890  57
9 the general assembly to the state department of agriculture,
10 be expended by the agriculture business development division
11 of the state department of agriculture for promotion of
12 Missouri agricultural products under the AgriMissouri
13 program. The unexpended balance in the AgriMissouri fund at
14 the end of the biennium shall not be transferred to the
15 general revenue fund of the state treasury and accordingly
16 shall be exempt from the provisions of section 33.080
17 relating to transfer of funds to the ordinary revenue funds
18 of the state by the state treasurer.
19[2. There is hereby created within the department of
20 agriculture the "AgriMissouri Advisory Commission for
21 Marketing Missouri Agricultural Products".    The commission
22 shall establish guidelines, and make recommendations to the
23 director of agriculture, for the use of funds appropriated
24 by the general assembly for the agriculture business
25 development division of the department of agriculture, and
26 for all funds collected or appropriated to the AgriMissouri
27 fund created pursuant to subsection 1 of this section.    The
28 guidelines shall focus on the promotion of the AgriMissouri
29 trademark associated with Missouri agricultural products
30 that have been approved by the general assembly, and shall
31 advance the following objectives:
32(1) Increasing the impact and fostering the
33 effectiveness of local efforts to promote Missouri
34 agricultural products;
35(2) Enabling and encouraging expanded advertising
36 efforts for Missouri agricultural products;
37(3) Encouraging effective, high-quality advertising
38 projects, innovative marketing strategies, and the
39 coordination of local, regional and statewide marketing
40 efforts;
SS SCS SB 890  58
41(4) Providing training and technical assistance to
42 cooperative-marketing partners of Missouri agricultural
43 products.
443. The commission may establish a fee structure for
45 sellers electing to use the AgriMissouri trademark
46 associated with Missouri agricultural products, so long as
47 the fees established and collected under this subsection do
48 not yield revenue greater than the total cost of
49 administering this section during the ensuing year.       All
50 trademark fees shall be deposited to the credit of the
51 AgriMissouri fund, created pursuant to this section.
524. The commission shall consist of nine members
53 appointed by the governor with the advice and consent of the
54 senate. One member shall be the director of the agriculture
55 business development division of the department of
56 agriculture, or his or her representative.   At least one
57 member shall be a specialist in advertising; at least one
58 member shall be a specialist in agribusiness; at least one
59 member shall be a specialist in the retail grocery business;
60 at least one member shall be a specialist in communications;
61 at least one member shall be a specialist in product
62 distribution; at least one member shall be a family farmer
63 with expertise in livestock farming; at least one member
64 shall be a family farmer with expertise in grain farming and
65 at least one member shall be a family farmer with expertise
66 in organic farming.   Members shall serve for four-year
67 terms, except in the first appointments three members shall
68 be appointed for terms of four years, three members shall be
69 appointed for terms of three years and three members shall
70 be appointed for terms of two years each.    Any member
71 appointed to fill a vacancy of an unexpired term shall be
72 appointed for the remainder of the term of the member
 SS SCS SB 890  59
73  causing the vacancy.   The governor shall appoint a
74  chairperson of the commission, subject to ratification by
75  the commission.
765. Commission members shall receive no compensation
77  but shall be reimbursed for actual and necessary expenses
78  incurred in the performance of their official duties on the
79  commission. The division of agriculture business
80  development of the department of agriculture shall provide
81  all necessary staff and support services as required by the
82  commission to hold commission meetings, to maintain records
83  of official acts and to conduct all other business of the
84  commission. The commission shall meet quarterly and at any
85  such time that it deems necessary.     Meetings may be called
86  by the chairperson or by a petition signed by a majority of
87  the members of the commission.     Ten days' notice shall be
88  given in writing to such members prior to the meeting date.
89  A simple majority of the members of the commission shall be
90  present to constitute a quorum.     Proxy voting shall not be
91  permitted.
926. If the commission does establish a fee structure as
93  permitted under subsection 3 of this section, the
94  agriculture business development division of the department
95  of agriculture shall promulgate rules establishing the
96  commission's fee structure.    The department of agriculture
97  shall also promulgate rules and regulations for the
98  implementation of this section.     Any rule or portion of a
99  rule, as that term is defined in section 536.010, that is
100 created under the authority delegated in this section shall
101 become effective only if it complies with and is subject to
102 all of the provisions of chapter 536 and, if applicable,
103 section 536.028.   This section and chapter 536 are
104 nonseverable and if any of the powers vested with the
 SS SCS SB 890  60
105 general assembly pursuant to chapter 536 to review, to delay
106 the effective date, or to disapprove and annul a rule are
107 subsequently held unconstitutional, then the grant of
108 rulemaking authority and any rule proposed or adopted after
109 August 28, 2016, shall be invalid and void.]
1288.040.   1. A claimant who is unemployed and has been
2  determined to be an insured worker shall be eligible for
3  benefits for any week only if the deputy finds that:
4(1) The claimant has registered for work at and
5  thereafter has continued to report at an employment office
6  in accordance with such regulations as the division may
7  prescribe;
8(2) The claimant is able to work and is available for
9  work. No person shall be deemed available for work unless
10  such person has been and is actively and earnestly seeking
11  work. Upon the filing of an initial or renewed claim, and
12  prior to the filing of each weekly claim thereafter, the
13  deputy shall notify each claimant of the number of work
14  search contacts required to constitute an active search for
15  work. Unless the deputy directs otherwise, a claimant shall
16  make a minimum of three work search contacts during any week
17  for which he or she claims benefits.    No person shall be
18  considered not available for work, pursuant to this
19  subdivision, solely because he or she is a substitute
20  teacher or is on jury duty.    A claimant shall not be
21  determined to be ineligible pursuant to this subdivision
22  because of not actively and earnestly seeking work if:
23(a) The claimant is participating in training approved
24  pursuant to Section 236 of the Trade Act of 1974, as
25  amended, (19 U.S.C.A. Sec. 2296, as amended);
26(b) The claimant is temporarily unemployed through no
27  fault of his or her own and has a definite recall date
SS SCS SB 890  61
28 within eight weeks of his or her first day of unemployment;
29 however, upon application of the employer responsible for
30 the claimant's unemployment, such eight-week period may be
31 extended not to exceed a total of sixteen weeks at the
32 discretion of the director;
33(3) The claimant has reported to an office of the
34 division as directed by the deputy, but at least once every
35 four weeks, except that a claimant shall be exempted from
36 the reporting requirement of this subdivision if:
37(a) The claimant is claiming benefits in accordance
38 with division regulations dealing with partial or temporary
39 total unemployment; or
40(b) The claimant is temporarily unemployed through no
41 fault of his or her own and has a definite recall date
42 within eight weeks of his or her first day of unemployment;
43 or
44(c) The director of the division of employment
45 security has determined that the claimant belongs to a group
46 or class of workers whose opportunities for reemployment
47 will not be enhanced by reporting, or is prevented from
48 reporting due to emergency conditions that limit access by
49 the general public to an office that serves the area where
50 the claimant resides, but only during the time such
51 circumstances exist.
52 Ineligibility pursuant to this subdivision shall begin on
53 the first day of the week which the claimant was scheduled
54 to claim and shall end on the last day of the week preceding
55 the week during which the claimant does report to the
56 division's office;
57(4) Prior to the first week of a period of total or
58 partial unemployment for which the claimant claims benefits
SS SCS SB 890  62
59 he or she has been totally or partially unemployed for a
60 waiting period of one week.    No more than one waiting week
61 will be required in any benefit year.    During calendar year
62 2008 and each calendar year thereafter, the one-week waiting
63 period shall become compensable once his or her remaining
64 balance on the claim is equal to or less than the
65 compensable amount for the waiting period.    No week shall be
66 counted as a week of total or partial unemployment for the
67 purposes of this subsection unless it occurs within the
68 benefit year which includes the week with respect to which
69 the claimant claims benefits;
70(5) The claimant has made a claim for benefits within
71 fourteen days from the last day of the week being claimed.
72 The fourteen-day period may, for good cause, be extended to
73 twenty-eight days;
74(6) The claimant has reported to an employment office
75 to participate in a reemployment assessment and reemployment
76 services as directed by the deputy or designated staff of an
77 employment office, unless the deputy determines that good
78 cause exists for the claimant's failure to participate in
79 such reemployment assessment and reemployment services.    For
80 purposes of this section, "reemployment services" may
81 include, but not be limited to, the following:
82(a) Providing an orientation to employment office
83 services;
84(b) Providing job search assistance; and
85(c) Providing labor market statistics or analysis;
86 Ineligibility under this subdivision shall begin on the
87 first day of the week which the claimant was scheduled to
88 report for the reemployment assessment or reemployment
89 services and shall end on the last day of the week preceding
 SS SCS SB 890  63
90  the week during which the claimant does report in person to
91  the employment office for such reemployment assessment or
92  reemployment services;
93(7) The claimant is participating in reemployment
94  services, such as job search assistance services, as
95  directed by the deputy if the claimant has been determined
96  to be likely to exhaust regular benefits and to need
97  reemployment services pursuant to a profiling system
98  established by the division, unless the deputy determines
99  that:
100(a) The individual has completed such reemployment
101 services; or
102(b) There is justifiable cause for the claimant's
103 failure to participate in such reemployment services.
1042. A claimant shall be ineligible for waiting week
105 credit or benefits for any week for which the deputy finds
106 he or she is or has been suspended by his or her most recent
107 employer for misconduct connected with his or her work.
108 Suspensions of four weeks or more shall be treated as
109 discharges.
1103. (1) Benefits based on "service in employment",
111 described in subsections 7 and 8 of section 288.034, shall
112 be payable in the same amount, on the same terms and subject
113 to the same conditions as compensation payable on the basis
114 of other service subject to this law; except that:
115(a) With respect to service performed in an
116 instructional, research, or principal administrative
117 capacity for an educational institution, benefits shall not
118 be paid based on such services for any week of unemployment
119 commencing during the period between two successive academic
120 years or terms, or during a similar period between two
121 regular but not successive terms, or during a period of paid
 SS SCS SB 890  64
122 sabbatical leave provided for in the individual's contract,
123 to any individual if such individual performs such services
124 in the first of such academic years (or terms) and if there
125 is a contract or a reasonable assurance that such individual
126 will perform services in any such capacity for any
127 educational institution in the second of such academic years
128 or terms;
129(b) With respect to services performed in any capacity
130 (other than instructional, research, or principal
131 administrative capacity) for an educational institution,
132 benefits shall not be paid on the basis of such services to
133 any individual for any week which commences during a period
134 between two successive academic years or terms if such
135 individual performs such services in the first of such
136 academic years or terms and there is a contract or a
137 reasonable assurance that such individual will perform such
138 services in the second of such academic years or terms;
139(c) With respect to services described in paragraphs
140 (a) and (b) of this subdivision, benefits shall not be paid
141 on the basis of such services to any individual for any week
142 which commences during an established and customary vacation
143 period or holiday recess if such individual performed such
144 services in the period immediately before such vacation
145 period or holiday recess, and there is reasonable assurance
146 that such individual will perform such services immediately
147 following such vacation period or holiday recess;
148(d) With respect to services described in paragraphs
149 (a) and (b) of this subdivision, benefits payable on the
150 basis of services in any such capacity shall be denied as
151 specified in paragraphs (a), (b), and (c) of this
152 subdivision to any individual who performed such services at
153 an educational institution while in the employ of an
 SS SCS SB 890  65
154 educational service agency, and for this purpose the term
155 "educational service agency" means a governmental agency or
156 governmental entity which is established and operated
157 exclusively for the purpose of providing such services to
158 one or more educational institutions.
159(2) If compensation is denied for any week pursuant to
160 paragraph (b) or (d) of subdivision (1) of this subsection
161 to any individual performing services at an educational
162 institution in any capacity (other than instructional,
163 research or principal administrative capacity), and such
164 individual was not offered an opportunity to perform such
165 services for the second of such academic years or terms,
166 such individual shall be entitled to a retroactive payment
167 of the compensation for each week for which the individual
168 filed a timely claim for compensation and for which
169 compensation was denied solely by reason of paragraph (b) or
170 (d) of subdivision (1) of this subsection.
1714. (1) A claimant shall be ineligible for waiting
172 week credit, benefits or shared work benefits for any week
173 for which he or she is receiving or has received
174 remuneration exceeding his or her weekly benefit amount or
175 shared work benefit amount in the form of:
176(a) Compensation for temporary partial disability
177 pursuant to the workers' compensation law of any state or
178 pursuant to a similar law of the United States;
179(b) A governmental or other pension, retirement or
180 retired pay, annuity, or other similar periodic payment
181 which is based on the previous work of such claimant to the
182 extent that such payment is provided from funds provided by
183 a base period or chargeable employer pursuant to a plan
184 maintained or contributed to by such employer; but, except
185 for such payments made pursuant to the Social Security Act
 SS SCS SB 890  66
186 or the Railroad Retirement Act of 1974 (or the corresponding
187 provisions of prior law), the provisions of this paragraph
188 shall not apply if the services performed for such employer
189 by the claimant after the beginning of the base period (or
190 remuneration for such services) do not affect eligibility
191 for or increase the amount of such pension, retirement or
192 retired pay, annuity or similar payment.
193(2) If the remuneration referred to in this subsection
194 is less than the benefits which would otherwise be due, the
195 claimant shall be entitled to receive for such week, if
196 otherwise eligible, benefits reduced by the amount of such
197 remuneration, and, if such benefit is not a multiple of one
198 dollar, such amount shall be lowered to the next multiple of
199 one dollar.
200(3) Notwithstanding the provisions of subdivisions (1)
201 and (2) of this subsection, if a claimant has contributed in
202 any way to the Social Security Act or the Railroad
203 Retirement Act of 1974, or the corresponding provisions of
204 prior law, no part of the payments received pursuant to such
205 federal law shall be deductible from the amount of benefits
206 received pursuant to this chapter.
2075. A claimant shall be ineligible for waiting week
208 credit or benefits for any week for which or a part of which
209 he or she has received or is seeking unemployment benefits
210 pursuant to an unemployment insurance law of another state
211 or the United States; provided, that if it be finally
212 determined that the claimant is not entitled to such
213 unemployment benefits, such ineligibility shall not apply.
2146. (1) A claimant shall be ineligible for waiting
215 week credit or benefits for any week for which the deputy
216 finds that such claimant's total or partial unemployment is
217 due to a stoppage of work which exists because of a labor
 SS SCS SB 890  67
218 dispute in the factory, establishment or other premises in
219 which such claimant is or was last employed. In the event
220 the claimant secures other employment from which he or she
221 is separated during the existence of the labor dispute, the
222 claimant must have obtained bona fide employment as a
223 permanent employee for at least the major part of each of
224 two weeks in such subsequent employment to terminate his or
225 her ineligibility.   If, in any case, separate branches of
226 work which are commonly conducted as separate businesses at
227 separate premises are conducted in separate departments of
228 the same premises, each such department shall for the
229 purposes of this subsection be deemed to be a separate
230 factory, establishment or other premises.   This subsection
231 shall not apply if it is shown to the satisfaction of the
232 deputy that:
233(a) The claimant is not participating in or financing
234 or directly interested in the labor dispute which caused the
235 stoppage of work; and
236(b) The claimant does not belong to a grade or class
237 of workers of which, immediately preceding the commencement
238 of the stoppage, there were members employed at the premises
239 at which the stoppage occurs, any of whom are participating
240 in or financing or directly interested in the dispute.
241(2) "Stoppage of work" as used in this subsection
242 means a substantial diminution of the activities, production
243 or services at the establishment, plant, factory or premises
244 of the employing unit.   This definition shall not apply to a
245 strike where the employees in the bargaining unit who
246 initiated the strike are participating in the strike.     Such
247 employees shall not be eligible for waiting week credit or
248 benefits during the period when the strike is in effect,
249 regardless of diminution, unless the employer has been found
 SS SCS SB 890  68
250 guilty of an unfair labor practice by the National Labor
251 Relations Board or a federal court of law for an act or
252 actions preceding or during the strike.
2537. On or after January 1, 1978, benefits shall not be
254 paid to any individual on the basis of any services,
255 substantially all of which consist of participating in
256 sports or athletic events or training or preparing to so
257 participate, for any week which commences during the period
258 between two successive sport seasons (or similar periods) if
259 such individual performed such services in the first of such
260 seasons (or similar periods) and there is a reasonable
261 assurance that such individual will perform such services in
262 the later of such seasons (or similar periods).
2638. Benefits shall not be payable on the basis of
264 services performed by an alien, unless such alien is an
265 individual who was lawfully admitted for permanent residence
266 at the time such services were performed, was lawfully
267 present for purposes of performing such services, or was
268 permanently residing in the United States under color of law
269 at the time such services were performed (including an alien
270 who was lawfully present in the United States as a result of
271 the application of the provisions of Section 212(d)(5) of
272 the Immigration and Nationality Act).
273(1) Any data or information required of individuals
274 applying for benefits to determine whether benefits are not
275 payable to them because of their alien status shall be
276 uniformly required from all applicants for benefits.
277(2) In the case of an individual whose application for
278 benefits would otherwise be approved, no determination that
279 benefits to such individual are not payable because of such
280 individual's alien status shall be made except upon a
281 preponderance of the evidence.
 SS SCS SB 890  69
2829. A claimant shall be ineligible for waiting week
283 credit or benefits for any week such claimant has an
284 outstanding penalty which was assessed based upon an
285 overpayment of benefits, as provided for in subsection 9 of
286 section 288.380.
28710. The directors of the division of employment
288 security and the [division] office of workforce development
289 shall submit to the governor, the speaker of the house of
290 representatives, and the president pro tem of the senate no
291 later than October 15, 2006, a report outlining their
292 recommendations for how to improve work search verification
293 and claimant reemployment activities.    The recommendations
294 shall include, but not limited to how to best utilize
295 "greathires.org", and how to reduce the average duration of
296 unemployment insurance claims.    Each calendar year
297 thereafter, the directors shall submit a report containing
298 their recommendations on these issues by December thirty-
299 first of each year.
30011. For purposes of this section, a claimant may
301 satisfy reporting requirements provided under this section
302 by reporting by internet communication or any other means
303 deemed acceptable by the division of employment security.
1620.010.   1. There is hereby created a "Department of
2  Economic Development" to be headed by a director appointed
3  by the governor, by and with the advice and consent of the
4  senate. All of the general provisions, definitions and
5  powers enumerated in section 1 of the Omnibus State
6  Reorganization Act of 1974 shall continue to apply to this
7  department and its divisions, agencies and personnel.
82. The powers, duties and functions vested in the
9  public service commission, chapters 386, 387, 388, 389, 390,
10  392, 393, and others, and the administrative hearing
SS SCS SB 890  70
11 commission, sections 621.015 to 621.198 and others, are
12 transferred by type III transfers to the department of
13 economic development.   The director of the department is
14 directed to provide and coordinate staff and equipment
15 services to these agencies in the interest of facilitating
16 the work of the bodies and achieving optimum efficiency in
17 staff services common to all the bodies.   Nothing in the
18 Reorganization Act of 1974 shall prevent the chairman of the
19 public service commission from presenting additional budget
20 requests or from explaining or clarifying its budget
21 requests to the governor or general assembly.
223. The powers, duties and functions vested in the
23 office of the public counsel are transferred by type III
24 transfer to the department of economic development.    Funding
25 for the general counsel's office shall be by general revenue.
264. The public service commission is authorized to
27 employ such staff as it deems necessary for the functions
28 performed by the general counsel other than those powers,
29 duties and functions relating to representation of the
30 public before the public service commission.
315. All the powers, duties and functions vested in the
32 tourism commission, chapter 258 and others, are transferred
33 to the "Division of Tourism", which is hereby created, by
34 type III transfer.
356. All the powers, duties and functions of the
36 department of community affairs, chapter 251 and others, not
37 otherwise assigned, are transferred by type I transfer to
38 the department of economic development, and the department
39 of community affairs is abolished.   The director of the
40 department of economic development may assume all the duties
41 of the director of community affairs or may establish within
42 the department such subunits and advisory committees as may
SS SCS SB 890  71
43 be required to administer the programs so transferred.    The
44 director of the department shall appoint all members of such
45 committees and heads of subunits.
467. The Missouri housing development commission,
47 chapter 215, is assigned to the department of economic
48 development, but shall remain a governmental instrumentality
49 of the state of Missouri and shall constitute a body
50 corporate and politic.
518. [All the authority, powers, duties, functions,
52 records, personnel, property, matters pending and other
53 pertinent vestiges of the division of manpower planning of
54 the department of social services are transferred by a type
55 I transfer to the "Division of Workforce Development", which
56 is hereby created, within the department of economic
57 development. The division of manpower planning within the
58 department of social services is abolished.    The provisions
59 of section 1 of the Omnibus State Reorganization Act of
60 1974, Appendix B, relating to the manner and procedures for
61 transfers of state agencies shall apply to the transfers
62 provided in this section.
639. All the authority, powers, functions, records,
64 personnel, property, contracts, matters pending and other
65 pertinent vestiges of the division of employment security
66 within the department of labor and industrial relations
67 related to job training and labor exchange that are funded
68 with or based upon Wagner-Peyser funds, and other federal
69 and state workforce development programs administered by the
70 division of employment security are transferred by a type I
71 transfer to the division of workforce development within the
72 department of economic development.
7310.]   Any rule or portion of a rule, as that term is
74 defined in section 536.010, that is created under the
SS SCS SB 890  72
75 authority delegated in this section shall become effective
76 only if it complies with and is subject to all of the
77 provisions of chapter 536 and, if applicable, section
78 536.028. This section and chapter 536 are nonseverable and
79 if any of the powers vested with the general assembly
80 pursuant to chapter 536 to review, to delay the effective
81 date, or to disapprove and annul a rule are subsequently
82 held unconstitutional, then the grant of rulemaking
83 authority and any rule proposed or adopted after August 28,
84 2008, shall be invalid and void.
1643.173.   [1.]   There is hereby established within the
2 department of natural resources a "Small Business Technical
3 Assistance Program" which shall provide support and
4 assistance to small business.      To the maximum extent
5 possible, the program shall be functionally separate from
6 the department's air pollution enforcement
7 responsibilities.    The program shall advise regulated small
8 business regarding permit application requirements,
9 applicable provisions of 643.010 to 643.190[, and such other
10 matters affecting small business as deemed appropriate by
11 the committee].    The commission shall establish time frames
12 in which specific classes of deficiencies, except those
13 affecting public health or the environment, shall be
14 corrected.
15[2. The small business technical assistance program
16 shall be advised by a "Small Business Compliance Advisory
17 Committee" which is hereby created.      One member shall be
18 appointed by the director of the department, two members
19 shall be appointed by the governor to represent the public
20 and four owners of small businesses regulated under this
21 chapter shall be appointed by the general assembly, one each
22 appointed by the majority and minority leaders of each
SS SCS SB 890  73
23 chamber of the general assembly.   No member of the air
24 conservation commission shall serve as a member of the small
25 business compliance advisory committee.   The term of office
26 shall be four years except that of those first appointed,
27 one member appointed by the governor, one member appointed
28 by the senate and one member appointed by the house of
29 representatives shall be appointed to two-year terms.
30 Members shall serve until their successors are duly
31 appointed and qualified and vacancies shall be filled by
32 appointment for the remaining portion of the unexpired term
33 created by the vacancy.   The members shall be reimbursed for
34 actual and necessary expenses incurred in the performance of
35 their duties while in attendance at committee meetings.
363. The committee shall:
37(1) Receive reports from the ombudsman pursuant to
38 section 643.175;
39(2) Evaluate the impact of sections 643.010 to 643.190
40 and the rules promulgated thereunder on small business;
41(3) Review and assess the impact of enforcement
42 policies on small business operations in Missouri;
43(4) Recommend to the department, the commission and
44 the general assembly, as appropriate, changes in procedure,
45 in rules or in the law which would facilitate small business
46 compliance with sections 643.010 to 643.190;
47(5) Recommend to the commission rules establishing an
48 expedited review of modifications for small businesses;
49(6) Conduct hearings, determine facts and make
50 investigations consistent with the purposes of this section.]
1[167.910. 1. There is hereby established
2      the "Career Readiness Course Task Force" to
3      explore the possibility of a course covering the
4      topics described in this section being offered
5      in the public schools to students in eighth
SS SCS SB 890  74
6      grade or ninth grade. Task force members shall
7      be chosen to represent the geographic diversity
8      of the state. All task force members shall be
9      appointed before October 31, 2018. The task
10      force members shall be appointed as follows:
11(1) A parent of a student attending
12      elementary school, appointed by the joint
13      committee on education;
14(2) A parent of a student attending a
15      grade not lower than the sixth nor higher than
16      the eighth grade, appointed by the joint
17      committee on education;
18(3) A parent of a student attending high
19      school, appointed by the joint committee on
20      education;
21(4) An elementary education professional
22      from an accredited school district, appointed by
23      the joint committee on education from names
24      submitted by statewide education employee
25      organizations;
26(5) Two education professionals giving
27      instruction in a grade or grades not lower than
28      the sixth nor higher than the eighth grade in
29      accredited school districts, appointed by the
30      joint committee on education from names
31      submitted by statewide education employee
32      organizations;
33(6) Two secondary education professionals
34      from accredited school districts, appointed by
35      the joint committee on education from names
36      submitted by statewide education employee
37      organizations;
38(7) A career and technical education
39      professional who has experience serving as an
40      advisor to a statewide career and technical
41      education organization, appointed by a statewide
42      career and technical education organization;
43(8) An education professional from an
44      accredited technical high school, appointed by a
45      statewide career and technical education
46      organization;
47(9) A public school board member,
48      appointed by a statewide association of school
49      boards;
SS SCS SB 890  75
50(10) A secondary school principal,
51      appointed by a statewide association of
52      secondary school principals;
53(11) A principal of a school giving
54      instruction in a grade or grades not lower than
55      the sixth nor higher than the eighth grade,
56      appointed by a statewide association of
57      secondary school principals;
58(12) An elementary school counselor,
59      appointed by a statewide association of school
60      counselors;
61(13) Two school counselors from a school
62      giving instruction in a grade or grades not
63      lower than the sixth nor higher than the eighth
64      grade, appointed by a statewide association of
65      school counselors;
66(14) A secondary school counselor,
67      appointed by a statewide association of school
68      counselors;
69(15) A secondary school career and college
70      counselor, appointed by a statewide association
71      of school counselors;
72(16) An apprenticeship professional,
73      appointed by the division of workforce
74      development of economic development;
75(17) A representative of Missouri Project
76      Lead the Way, appointed by the statewide Project
77      Lead the Way organization;
78(18) A representative of the state
79      technical college, appointed by the state
80      technical college;
81(19) A representative of a public
82      community college, appointed by a statewide
83      organization of community colleges; and
84(20) A representative of a public four-
85      year institution of higher education, appointed
86      by the commissioner of higher education.
872. The members of the task force
88      established under subsection 1 of this section
89      shall elect a chair from among the membership of
90      the task force. The task force shall meet as
91      needed to complete its consideration of the
92      course described in subsection 5 of this section
93      and provide its findings and recommendations as
 SS SCS SB 890  76
94      described in subsection 6 of this section.
95      Members of the task force shall serve without
96      compensation. No school district policy or
97      administrative action shall require any
98      education employee member to use personal leave
99      or incur a reduction in pay for participating on
100      the task force.
1013. The task force shall hold at least
102      three public hearings to provide an opportunity
103      to receive public testimony including, but not
104      limited to, testimony from educators, local
105      school boards, parents, representatives from
106      business and industry, labor and community
107      leaders, members of the general assembly, and
108      the general public.
1094. The department of elementary and
110      secondary education shall provide such legal,
111      research, clerical, and technical services as
112      the task force may require in the performance of
113      its duties.
1145. The task force established under
115      subsection 1 of this section shall consider a
116      course that:
117(1) Gives students an opportunity to
118      explore various career and educational
119      opportunities by:
120(a) Administering career surveys to
121      students and helping students use Missouri
122      Connections to determine their career interests
123      and develop plans to meet their career goals;
124(b) Explaining the differences between
125      types of colleges, including two-year and four-
126      year colleges and noting the availability of
127      registered apprenticeship programs as
128      alternatives to college for students;
129(c) Describing technical degrees offered
130      by colleges;
131(d) Explaining the courses and educational
132      experiences offered at community colleges;
133(e) Describing the various certificates
134      and credentials available to earn at the school
135      or other schools including, but not limited to,
136      career and technical education certificates
 SS SCS SB 890  77
137      described under section 170.029 and industry-
138      recognized certificates and credentials;
139(f) Advising students of any advanced
140      placement courses that they may take at the
141      school;
142(g) Describing any opportunities at the
143      school for dual enrollment;
144(h) Advising students of any Project Lead
145      the Way courses offered at the school and
146      explaining how Project Lead the Way courses help
147      students learn valuable skills;
148(i) Informing students of the availability
149      of funding for postsecondary education through
150      the A+ schools program described under section
151      160.545;
152(j) Describing the availability of virtual
153      courses;
154(k) Describing the types of skills and
155      occupations most in demand in the current job
156      market and those skills and occupations likely
157      to be in high demand in future years;
158(l) Describing the typical salaries for
159      occupations, salary trends, and opportunities
160      for advancement in various occupations;
161(m) Emphasizing the opportunities
162      available in careers involving science,
163      technology, engineering, and math;
164(n) Advising students of the resources
165      offered by workforce or job centers;
166(o) Preparing students for the ACT
167      assessment or the ACT WorkKeys assessments
168      required for the National Career Readiness
169      Certificate;
170(p) Administering a practice ACT
171      assessment or practice ACT WorkKeys assessments
172      required for the National Career Readiness
173      Certificate to students;
174(q) Advising students of opportunities to
175      take the SAT and the Armed Services Vocational
176      Aptitude Battery;
177(r) Administering a basic math test to
178      students so that they can assess their math
179      skills;
 SS SCS SB 890  78
180(s) Administering a basic writing test to
181      students so that they can assess their writing
182      skills;
183(t) Helping each student prepare a
184      personal plan of study that outlines a sequence
185      of courses and experiences that concludes with
186      the student reaching his or her postsecondary
187      goals; and
188(u) Explaining how to complete college
189      applications and the Free Application for
190      Federal Student Aid;
191(2) Focuses on career readiness and
192      emphasizes the importance of work ethic,
193      communication, collaboration, critical thinking,
194      and creativity;
195(3) Demonstrates that graduation from a
196      four-year college is not the only pathway to
197      success by describing to students at least
198      sixteen pathways to success in detail and
199      including guest visitors who represent each
200      pathway described. In exploring how these
201      pathways could be covered in the course, the
202      task force shall consider how instructors for
203      the course may be able to rely on assistance
204      from Missouri's career pathways within the
205      department of elementary and secondary education;
206(4) Provides student loan counseling; and
207(5) May include parent-student meetings.
2086. Before December 1, 2019, the task force
209      established under subsection 1 of this section
210      shall present its findings and recommendations
211      to the speaker of the house of representatives,
212      the president pro tempore of the senate, the
213      joint committee on education, and the state
214      board of education. Upon presenting the
215      findings and recommendations as described in
216      this subsection, the task force shall dissolve.]
1[167.910. 1. There is hereby established
2the "Career Readiness Course Task Force" to
3explore the possibility of a course covering the
4topics described in this section being offered
5in the public schools to students in eighth
6grade or ninth grade. Task force members shall
SS SCS SB 890  79
7      be chosen to represent the geographic diversity
8      of the state. All task force members shall be
9      appointed before October 31, 2018. The task
10      force members shall be appointed as follows:
11(1) A parent of a student attending
12      elementary school, appointed by a statewide
13      association of parents and teachers;
14(2) A parent of a student attending a
15      grade not lower than the sixth nor higher than
16      the eighth grade, appointed by a statewide
17      association of parents and teachers;
18(3) A parent of a student attending high
19      school, appointed by a statewide association of
20      parents and teachers;
21(4) An elementary education professional
22      from an accredited school district, appointed by
23      agreement among the Missouri State Teachers
24      Association, the Missouri National Education
25      Association, and the American Federation of
26      Teachers of Missouri;
27(5) An education professional giving
28      instruction in a grade or grades not lower than
29      the sixth nor higher than the eighth grade in an
30      accredited school district, appointed by
31      agreement among the Missouri State Teachers
32      Association, the Missouri National Education
33      Association, and the American Federation of
34      Teachers of Missouri;
35(6) A secondary education professional
36      from an accredited school district, appointed by
37      agreement among the Missouri State Teachers
38      Association, the Missouri National Education
39      Association, and the American Federation of
40      Teachers of Missouri;
41(7) A career and technical education
42      professional who has experience serving as an
43      advisor to a statewide career and technical
44      education organization, appointed by a statewide
45      career and technical education organization;
46(8) An education professional from an
47      accredited technical high school, appointed by a
48      statewide career and technical education
49      organization;
SS SCS SB 890  80
50(9) A public school board member,
51      appointed by a statewide association of school
52      boards;
53(10) A secondary school principal,
54      appointed by a statewide association of
55      secondary school principals;
56(11) A principal of a school giving
57      instruction in a grade or grades not lower than
58      the sixth nor higher than the eighth grade,
59      appointed by a statewide association of
60      secondary school principals;
61(12) An elementary school counselor,
62      appointed by a statewide association of school
63      counselors;
64(13) A school counselor from a school
65      giving instruction in a grade or grades not
66      lower than the sixth nor higher than the eighth
67      grade, appointed by a statewide association of
68      school counselors;
69(14) A secondary school counselor,
70      appointed by a statewide association of school
71      counselors;
72(15) A secondary school career and college
73      counselor, appointed by a statewide association
74      of school counselors;
75(16) An apprenticeship professional,
76      appointed by the division of workforce
77      development of the department of economic
78      development;
79(17) A representative of Missouri Project
80      Lead the Way, appointed by the statewide Project
81      Lead the Way organization;
82(18) A representative of the State
83      Technical College of Missouri, appointed by the
84      State Technical College of Missouri;
85(19) A representative of a public
86      community college, appointed by a statewide
87      organization of community colleges; and
88(20) A representative of a public four-
89      year institution of higher education, appointed
90      by the commissioner of higher education.
912. The members of the task force
92      established under subsection 1 of this section
93      shall elect a chair from among the membership of
 SS SCS SB 890  81
94      the task force. The task force shall meet as
95      needed to complete its consideration of the
96      course described in subsection 5 of this section
97      and provide its findings and recommendations as
98      described in subsection 6 of this section.
99      Members of the task force shall serve without
100      compensation. No school district policy or
101      administrative action shall require any
102      education employee member to use personal leave
103      or incur a reduction in pay for participating on
104      the task force.
1053. The task force shall hold at least
106      three public hearings to provide an opportunity
107      to receive public testimony including, but not
108      limited to, testimony from educators, local
109      school boards, parents, representatives from
110      business and industry, labor and community
111      leaders, members of the general assembly, and
112      the general public.
1134. The department of elementary and
114      secondary education shall provide such legal,
115      research, clerical, and technical services as
116      the task force may require in the performance of
117      its duties.
1185. The task force established under
119      subsection 1 of this section shall consider a
120      course that:
121(1) Gives students an opportunity to
122      explore various career and educational
123      opportunities by:
124(a) Administering career surveys to
125      students and helping students use Missouri
126      Connections to determine their career interests
127      and develop plans to meet their career goals;
128(b) Explaining the differences between
129      types of colleges, including two-year and four-
130      year colleges, and noting the availability of
131      registered apprenticeship programs as
132      alternatives to college for students;
133(c) Describing technical degrees offered
134      by colleges;
135(d) Explaining the courses and educational
136      experiences offered at community colleges;
 SS SCS SB 890  82
137(e) Describing the various certificates
138      and credentials available to earn at the school
139      or other schools including, but not limited to,
140      career and technical education certificates
141      described under section 170.029 and industry-
142      recognized certificates and credentials;
143(f) Advising students of any advanced
144      placement courses that they may take at the
145      school;
146(g) Describing any opportunities at the
147      school for dual enrollment;
148(h) Advising students of any Project Lead
149      the Way courses offered at the school and
150      explaining how Project Lead the Way courses help
151      students learn valuable skills;
152(i) Informing students of the availability
153      of funding for postsecondary education through
154      the A+ schools program described under section
155      160.545;
156(j) Describing the availability of virtual
157      courses;
158(k) Describing the types of skills and
159      occupations most in demand in the current job
160      market and those skills and occupations likely
161      to be in high demand in future years;
162(l) Describing the typical salaries for
163      occupations, salary trends, and opportunities
164      for advancement in various occupations;
165(m) Emphasizing the opportunities
166      available in careers involving science,
167      technology, engineering, and math;
168(n) Advising students of the resources
169      offered by workforce or job centers;
170(o) Preparing students for the ACT
171      assessment or the ACT WorkKeys assessments
172      required for the National Career Readiness
173      Certificate;
174(p) Administering a practice ACT
175      assessment or practice ACT WorkKeys assessments
176      required for the National Career Readiness
177      Certificate to students;
178(q) Advising students of opportunities to
179      take the SAT and the Armed Services Vocational
180      Aptitude Battery;
 SS SCS SB 890  83
181(r) Administering a basic math test to
182      students so that they can assess their math
183      skills;
184(s) Administering a basic writing test to
185      students so that they can assess their writing
186      skills;
187(t) Helping each student prepare a
188      personal plan of study that outlines a sequence
189      of courses and experiences that concludes with
190      the student reaching his or her postsecondary
191      goals; and
192(u) Explaining how to complete college
193      applications and the Free Application for
194      Federal Student Aid;
195(2) Focuses on career readiness and
196      emphasizes the importance of work ethic,
197      communication, collaboration, critical thinking,
198      and creativity;
199(3) Demonstrates that graduation from a
200      four-year college is not the only pathway to
201      success by describing to students at least
202      sixteen pathways to success in detail and
203      including guest visitors who represent each
204      pathway described. In exploring how these
205      pathways could be covered in the course, the
206      task force shall consider how instructors for
207      the course may be able to rely on assistance
208      from Missouri Career Pathways within the
209      department of elementary and secondary education;
210(4) Provides student loan counseling; and
211(5) May include parent-student meetings.
2126. Before December 1, 2019, the task force
213      established under subsection 1 of this section
214      shall present its findings and recommendations
215      to the speaker of the house of representatives,
216      the president pro tempore of the senate, the
217      joint committee on education, and the state
218      board of education. Upon presenting the
219      findings and recommendations as described in
220      this subsection, the task force shall dissolve.]
1[192.707. 1. The "Missouri Arthritis
2Advisory Board" is established within the
3department of health and senior services, as a
SS SCS SB 890  84
4      continuation of the arthritis advisory board in
5      existence on August 13, 1984. The board shall
6      consist of twenty-five members. The members of
7      the board that are serving on August 13, 1984,
8      shall continue until the expiration of this
9      term. The board shall submit a list of names to
10      the director as recommendations to fill expired
11      terms on the board. The director shall fill
12      each expired membership on the board, each of
13      the appointees to serve for a term of four years
14      and until his successor is appointed and
15      confirmed. Vacancies on the board arising from
16      reasons other than expiration of the member's
17      term shall be filled by the director for the
18      time remaining in the unexpired term.
192. The board shall meet semiannually and
20      at other such times as called by the chairman of
21      the board. The chairman shall be elected from
22      the board membership at the first board meeting,
23      and shall serve as chairman until a new chairman
24      is elected, or until his term on the board
25      expires, whichever occurs first.
263. The board shall serve in an advisory
27      capacity to the committee, and report annually
28      to the department and to the state board of
29      health and senior services regarding the
30      implementing of the statewide arthritis plan,
31      making recommendations for necessary changes in
32      content and direction.
334. The board shall be responsible for
34      development and recommendations of guidelines
35      for programs supported under the state arthritis
36      program, and make recommendations on program
37      relevance of grant applications funded under the
38      state arthritis program. The board will make
39      final recommendations to the director regarding
40      programs and grants of the state arthritis
41      program.
425. Any reimbursement of members of the
43      board for their actual and necessary expenses
44      shall be subject to appropriations.]
1[192.710. 1. The "Arthritis Program
2Review Committee" is hereby created within the
SS SCS SB 890  85
3      department of health and senior services. This
4      committee shall consist of fifteen members, two
5      from each of the seven regions set forth in
6      section 192.714 and one at-large member. The
7      fourteen regional members shall be nominated to
8      the committee by the board. The one at-large
9      member shall be nominated by the state board of
10      health and senior services. The members of the
11      committee shall include at least one from each
12      of the following categories: rheumatology
13      educators, practicing rheumatologists, primary
14      care practitioners, nurses, allied health
15      professionals, arthritis patients, and members
16      of the general public. Members of the committee
17      shall be appointed by the director in
18      consultation with the board of health and senior
19      services. Of the fifteen initial members, five
20      shall have a two-year term, five shall have a
21      three-year term, and five shall have a four-year
22      term. Thereafter, each member shall serve a
23      four-year term and until his successor is
24      appointed and confirmed. Vacancies on the
25      committee arising from reasons other than
26      expiration of the member's term shall be filled
27      by the director for the time remaining in the
28      unexpired term.
292. The committee shall meet annually and
30      at other such times as called by the chairman of
31      the committee. The chairman shall be elected
32      annually from the committee membership at the
33      first committee meeting and shall serve as
34      chairman until a new chairman is elected, or
35      until his term on the committee expires,
36      whichever occurs first.
373. The committee shall review, make site
38      visits and determine and make recommendations to
39      the board on the merit of regional arthritis
40      center applications. No program or other
41      activity will be recommended for funding by the
42      board without the favorable review of the
43      committee.
444. The arthritis program coordinator shall
45      serve the committee as its executive
46      administrator.]
SS SCS SB 890  86
1[192.712. Committee and board members
2shall serve without compensation, but their
3expenses incurred in carrying out their official
4duties shall, subject to appropriations, be
5reimbursed by the state.]
1[192.716. Beginning upon receipt of
2      appropriations for that purpose and subject to
3      the availability of appropriations, but not
4      before October 1, 1984, the arthritis centers
5      established pursuant to section 192.714 shall
6      operate programs in the following areas:
7(1) Education at all levels for various
8      health professionals; and
9(2) Improved patient care and other
10      arthritis control activities aimed at
11      benefitting communities served by the center.]
1[192.718. 1. Beginning upon receipt of
2      appropriations for that purpose and subject to
3      the availability of appropriations, but not
4      before October 1, 1984, each year the board may
5      grant three one-year, state-supported clinical
6      rheumatology fellowships which might include
7      four to six months of a community-based
8      experience in one or more of the regional
9      arthritis centers and six to eight months at an
10      academic institution in this state which is
11      willing and qualified to train rheumatology
12      fellows.
132. A candidate for a fellowship granted
14      pursuant to this section shall be approved by
15      the director, the board, the academic
16      institution, and the regional arthritis center
17      director.
183. Each fellowship granted pursuant to
19      this section shall consist of an appropriate
20      stipend and either adequate housing or a housing
21      allowance in an amount to be determined by the
22      board.]
1[192.720. 1. Beginning upon receipt of
2appropriations for that purpose and subject to
3the availability of appropriations, but not
4before October 1, 1984, support shall be
SS SCS SB 890  87
5      provided for three academic rheumatology
6      trainees annually, for pursuit of training with
7      academic institutions in the state.
82. Such support shall consist of an
9      appropriate stipend and an additional budget for
10      expenses for each trainee each year as
11      recommended by the board.
123. A candidate for academic rheumatology
13      training granted pursuant to this section shall
14      be approved by the director, the board and the
15      academic institution.]
1[192.723. Beginning upon receipt of
2      appropriations for that purpose and subject to
3      the availability of appropriations, but not
4      before July 1, 1985, innovative research
5      feasibility studies which cannot be funded by
6      traditional mechanisms and which have
7      significance for having impact on the state
8      arthritis problem may be carried out by
9      arthritis centers established pursuant to
10      section 192.714.]
1[192.725. Beginning upon receipt of
2appropriations for that purpose and subject to
3the availability of appropriations, but not
4before July 1, 1985, a statewide "Arthritis
5Information Network" shall be established,
6consisting of a statewide WATS telephone system,
7staffed by volunteers insofar as possible.]
1[196.1103. The management, governance, and
2      control of moneys appropriated from the life
3      sciences research trust fund shall be vested in
4      the "Life Sciences Research Board" which is
5      hereby created in the department of economic
6      development as a type III agency and which shall
7      consist of seven members. The following
8      provisions shall apply to the life sciences
9      research board and its members:
10(1) Each member shall be appointed by the
11      governor with the advice and consent of the
12      senate pursuant to the procedures herein set
13      forth for a term of four years; except that, of
14      the initial members of the board appointed,
SS SCS SB 890  88
15      three shall be appointed for two-year terms and
16      four shall be appointed to four-year terms;
17(2) The members of the board shall be
18      generally familiar with the life sciences and
19      current research trends and developments with
20      either technical or scientific expertise in life
21      sciences and with an understanding of the
22      application of the results of life sciences
23      research. The appointment of a person to the
24      life sciences research committee created by
25      Executive Order 01-10 issued by the governor on
26      July 23, 2001, shall not disqualify a person
27      from serving as a member, either
28      contemporaneously or later, on the life sciences
29      research board;
30(3) No member of the life sciences
31      research board shall serve more than two
32      consecutive full four-year terms;
33(4) The members of the life sciences
34      research board shall receive no salary or other
35      compensation for their services as a member of
36      the board, but shall receive reimbursement for
37      their actual and necessary expenses incurred in
38      performance of their duties as members of the
39      board.]
1[196.1124. No member of the life sciences
2      research board shall be employed by any public
3      or private not-for-profit entity entitled to
4      receive financial support from the life sciences
5      research trust fund, or participate in the
6      making of any decision by the board to make any
7      grant to the board member, any person who is
8      related to the board member within the fourth
9      degree of consanguinity or affinity, any public
10      entity for which the board member serves as an
11      officer, director, or other member of the
12      entity's governing body, or any private entity
13      for which the board member or the member's
14      spouse is employed, serves as an officer,
15      director, or other member of the entity's
16      governing body. The board may from time to time
17      issue conflict of interest guidelines and
18      requirements with respect to the administration
SS SCS SB 890  89
19      of the life sciences research program, to govern
20      the actions of its employees and agents, and to
21      implement the provisions of this section.]
1[197.165. 1. The department shall appoint
2      an "Infection Control Advisory Panel" for the
3      purposes of implementing sections 192.131 and
4      192.667.
52. Members of the infection control
6      advisory panel shall include:
7(1) Two public members;
8(2) Three board-certified or board-
9      eligible physicians licensed pursuant to chapter
10      334 who are affiliated with a Missouri hospital
11      or medical school, active members of the Society
12      for Health Care Epidemiology of America, and
13      have demonstrated interest and expertise in
14      health facility infection control;
15(3) One physician licensed pursuant to
16      chapter 334 who is active in the practice of
17      medicine in Missouri and who holds medical staff
18      privileges at a Missouri hospital;
19(4) Four infection control practitioners
20      certified by the certification board of
21      infection control and epidemiology, at least two
22      of whom shall be practicing in a rural hospital
23      or setting and at least two of whom shall be
24      registered professional nurses licensed under
25      chapter 335;
26(5) A medical statistician with an
27      advanced degree in such specialty;
28(6) A clinical microbiologist with an
29      advanced degree in such specialty;
30(7) Three employees of the department,
31      representing the functions of hospital,
32      ambulatory surgical center, and abortion
33      facility licensure, epidemiology and health data
34      analysis, who shall serve as ex officio
35      nonvoting members of the panel.
363. Reasonable expenses of the panel shall
37      be paid from private donations made specifically
38      for that purpose to the "Infection Control
39      Advisory Panel Fund", which is hereby created in
40      the state treasury. If such donations are not
SS SCS SB 890  90
41      received from private sources, then the
42      provisions of this act shall be implemented
43      without the advisory panel.]
1[208.530. As used in sections 208.530 to
2      208.535, the following terms shall mean:
3(1) "Commission", the commission on the
4      special health, psychological and social needs
5      of minority older individuals established in
6      section 208.533;
7(2) "Minority older individual", an
8      individual who is sixty years of age or older
9      and a member of a racial minority group;
10(3) "Racial minority group":
11(a) Blacks or African Americans;
12(b) Native Americans;
13(c) Hispanics;
14(d) Asian Americans; and
15(e) Other similar racial minority groups.]
1[208.533. 1. There is hereby established
2      a twenty-member "Commission on the Special
3      Health, Psychological and Social Needs of
4      Minority Older Individuals" under the department
5      of health and senior services. The commission
6      shall consist of the following members:
7(1) The directors of the departments of
8      health and senior services, mental health and
9      social services or their designees;
10(2) The directors of the office of
11      minority health and the department of health and
12      senior services who shall serve as cochairs of
13      the commission;
14(3) Two members of the Missouri house of
15      representatives, one from each major political
16      party represented in the house of
17      representatives, appointed by the speaker of the
18      house who shall serve in a nonvoting, advisory
19      capacity;
20(4) Two members of the senate, one from
21      each major political party represented in the
22      senate, appointed by the president pro tem of
23      the senate who shall serve in a nonvoting,
24      advisory capacity;
SS SCS SB 890  91
25(5) A representative of the office of the
26      lieutenant governor who shall serve in a
27      nonvoting, advisory capacity; and
28(6) Ten individuals appointed by the
29      governor with the advice and consent of the
30      senate who are currently working in the field of
31      minority elderly health, psychological or social
32      problems who have demonstrated expertise in one
33      or more of the following areas: treatment of
34      cardiovascular, cancer and diabetic conditions;
35      nutrition; community-based health services;
36      legal services; elderly consumer advocacy;
37      gerontology or geriatrics; social work and other
38      related services including housing. At least
39      two of the individuals appointed by the governor
40      shall be minority older individuals. The
41      members appointed by the governor shall be
42      residents of Missouri. Any vacancy on the
43      commission shall be filled in the same manner as
44      the original appointment.
452. Members appointed by the governor shall
46      serve for three-year terms. Other members,
47      except legislative members, shall serve for as
48      long as they hold the position which made them
49      eligible for appointment. Legislative members
50      shall serve during their current term of office
51      but may be reappointed.
523. Members of the commission shall not be
53      compensated for their services, but shall be
54      reimbursed for actual and necessary expenses
55      incurred in the performance of their duties.
56      The office of administration and the departments
57      of health and senior services, mental health and
58      social services shall provide such support as
59      the commission requires to aid it in the
60      performance of its duties.]
1[208.535. The responsibilities of the
2      commission shall include, but not be limited to,
3      the following:
4(1) The commission shall annually prepare
5      a report identifying the special needs of the
6      minority older population in Missouri as
7      compared to the older population at-large and
SS SCS SB 890  92
8      make recommendations for meeting those needs.
9      The report shall be completed no later than
10      October first of each year, beginning in 1999,
11      and copies transmitted to the governor, the
12      general assembly and appropriate state
13      agencies. The report shall, at a minimum:
14(a) Contain an overview of the special
15      health, psychological and social needs of
16      minority older Missourians with particular
17      attention to low-income minority older
18      individuals;
19(b) Identify specific diseases and health
20      conditions for which minority older individuals
21      are at greater risk than the general population;
22(c) Identify problems experienced by
23      minority older individuals in obtaining services
24      from governmental agencies;
25(d) Identify programs at the state and
26      local level designed to specifically meet the
27      needs of minority older individuals; and
28(e) Recommend program improvements and
29      services at the state and local level designed
30      to address the special unmet needs of the
31      minority older population;
32(2) In preparing the report required by
33      this section, the commission shall solicit and
34      consider the input of individuals and
35      organizations representing the concerns of the
36      minority older population, with particular
37      attention to the service needs of those with
38      incomes below the federal poverty level,
39      concerning:
40(a) Programs and services needed by
41      minority older individuals;
42(b) The extent to which existing programs
43      do not meet the needs of minority older
44      individuals;
45(c) The accessibility of existing programs
46      to minority older individuals;
47(d) The availability and adequacy of
48      information regarding existing services;
49(e) Health problems that minority older
50      individuals experience at a higher rate than the
51      nonminority older population; and
SS SCS SB 890  93
52(f) Financial, social and other barriers
53      experienced by minority older individuals in
54      obtaining needed services;
55(3) Conduct an outreach program that
56      provides information to minority older
57      Missourians about health, psychological and
58      social problems experienced by minority older
59      individuals and available programs to address
60      those problems, as identified in the report
61      prepared pursuant to this section.]
1[208.850. Title.
2Sections 208.850 to 208.871 shall be known
3      as and may be cited as "The Quality Home Care
4      Act".]
1[208.853. Findings and purposes.
2The people of the state of Missouri find as
3      follows:
4(1) Thousands of Missouri senior citizens
5      and people with disabilities continue to live
6      independently in their own homes and avoid
7      placement in institutions such as nursing homes
8      only as the result of the availability of
9      qualified personal care attendants who assist
10      them with the activities of daily living.
11(2) Many Missouri senior citizens and
12      people with disabilities who could not otherwise
13      afford personal care assistance services in
14      their own homes receive the services with
15      assistance provided by the state and federal
16      governments under the Missouri consumer directed
17      services program.
18(3) The United States Supreme Court has
19      mandated that states provide services to persons
20      with disabilities "in community settings rather
21      than in institutions" when remaining in the
22      community is appropriate, consistent with the
23      wishes of the disabled person, and can be
24      reasonably accommodated.
25(4) In-home care is not only the choice of
26      most senior citizens and people with
27      disabilities, it is less costly than
28      institutional care such as that provided in
SS SCS SB 890  94
29      nursing homes and thus saves Missouri taxpayers
30      significant amounts of money.
31(5) The consumer directed services program
32      permits the consumers of these highly intimate
33      and personal services to hire, terminate and
34      supervise the individual providing the services,
35      but it does not currently give consumers any
36      role in setting wage rates for personal care
37      attendants.
38(6) Personal care attendants generally
39      receive low wages, minimal or no benefits,
40      little if any training, and have no meaningful
41      input into their terms and conditions of
42      employment and no meaningful means of making
43      suggestions for improvements in the consumer
44      directed services program.
45(7) The continued availability of quality
46      home care services is threatened by a looming
47      shortage of qualified personal care attendants
48      due to the aging population in the state as well
49      as low wages, a lack of benefits, and high rates
50      of occupational injury. These poor working
51      conditions also contribute to high turnover
52      among personal care attendants that impairs the
53      continuity of care.
54(8) The safety of home care services is
55      threatened by both the failure of existing
56      safeguards to protect consumers from potentially
57      abusive attendants and lengthy delays in
58      processing background checks as recently
59      documented by the state auditor.
60(9) The continued availability of quality,
61      safe home care services can be ensured through
62      the creation of the "Missouri Quality Home Care
63      Council" with authority to investigate the
64      quality, safety and availability of home care
65      services, recruit eligible personal care
66      attendants, recommend qualifications for
67      personal care attendants, improve the training
68      of personal care attendants, establish a
69      statewide list of eligible personal care
70      attendants, refer consumers to eligible personal
71      care attendants, engage in collective bargaining
72      with a representative of personal care
SS SCS SB 890  95
73      attendants, and recommend changes in personal
74      care attendants' wages and benefits to the
75      general assembly.]
1[208.856. The Missouri Quality Home Care
2      Council.
31. Effective January 31, 2009, the
4      Missouri quality home care council is hereby
5      created to ensure the availability and improve
6      the quality of home care services by recruiting,
7      training and stabilizing the personal care
8      attendant workforce. Expenses of the council in
9      carrying out its powers and duties shall be paid
10      from any appropriations for that purpose by the
11      general assembly. The council shall be assigned
12      to the department of health and senior services
13      with supervision by the department extending
14      only to budgeting and reporting as provided by
15      subdivisions (4) and (5) of subsection 6 of
16      section 1 of the Reorganization Act of 1974.
17      Supervision by the department shall not extend
18      to matters relating to policies, regulatory
19      functions or other matters specifically
20      delegated to the council by sections 208.850 to
21      208.871 and the director of the department or
22      any employee of the department, either directly
23      or indirectly, shall not participate or
24      interfere with the activities of the council in
25      any manner not specifically provided by law.
262. The council shall consist of eleven
27      members appointed by the governor with the
28      advice and consent of the senate as follows:
29(1) Six members shall be current or former
30      recipients of personal care assistance services
31      under the consumer directed services program, or
32      its successor program or programs. Two of the
33      consumer members shall have received services
34      for a period of at least one year, two shall
35      have received services for a period of at least
36      two years, and two shall have received services
37      for a period of at least three years. In order
38      to ensure that at least one of the consumer
39      members has personal knowledge of challenges
40      rural consumers face, at least one of these
SS SCS SB 890  96
41      members shall be a resident of a third class
42      county;
43(2) One member shall be a representative
44      of the Missouri department of health and senior
45      services, or its successor entity;
46(3) Two members shall be representatives
47      of Missouri centers for independent living, or
48      their successor entities;
49(4) One member shall be a representative
50      of the governor's council on disabilities, or
51      its successor entity;
52(5) One member shall be a representative
53      of the governor's advisory council on aging, or
54      its successor entity.
553. Each member of the council shall serve
56      a term of three years, except the first eleven
57      members who shall serve staggered terms as
58      follows: three recipient members and the
59      department of health and senior services member
60      shall serve one-year terms, two recipient
61      members and one centers for independent living
62      member shall serve two-year terms, and one
63      recipient member, one centers for independent
64      living member, and the council on disabilities
65      and advisory council on aging members shall
66      serve three-year terms. The initial members of
67      the council shall be appointed by the governor
68      by March 1, 2009. If a vacancy occurs, the
69      governor will appoint a replacement for the
70      remainder of the departing member's term.
71      Commission members shall be eligible for
72      reappointment but shall serve no more than two
73      terms. In making appointments, the governor
74      shall consider nominations or recommendations
75      from the agencies or groups represented on the
76      council. Members of the council shall serve
77      without compensation, but shall be reimbursed
78      their actual and necessary expenses. The
79      governor may remove a council member for good
80      cause.]
1[208.859.   The powers and duties of the
2      council.
SS SCS SB 890  97
3The council shall have the following powers
4      and duties:
5(1) Assess the size, quality and stability
6      of the home care workforce in Missouri and the
7      ability of the existing workforce to meet the
8      growing and changing needs of both aging and
9      disabled consumers;
10(2) Encourage eligible individuals to
11      serve as personal care attendants;
12(3) Provide training on a voluntary basis,
13      either directly or through contracts, in
14      cooperation with vendors, as defined in
15      subdivision (5) of section 208.865, for
16      prospective and current personal care
17      attendants;
18(4) Recommend minimum qualifications for
19      personal care attendants to the department of
20      health and senior services;
21(5) Establish and maintain a statewide
22      list of eligible, available personal care
23      attendants, in cooperation with vendors,
24      including attendants available to provide
25      respite and replacement services. In order to
26      facilitate the creation of such a list, all
27      vendors shall provide the council with the list
28      of persons eligible to be a personal care
29      attendant which vendors are required to maintain
30      under subsection 4 of section 208.906 and
31      subdivision (3) of subsection 1 of section
32      208.918. The council shall ensure that all
33      personal care attendants placed on the statewide
34      list are registered with the family care safety
35      registry as provided in sections 210.900 to
36      210.936 and are not listed on any of the
37      background check lists in the family care safety
38      registry, absent a good cause waiver obtained
39      from the department pursuant to section
40      192.2495. All consumers seeking personal care
41      attendants, whether or not they are participants
42      in the consumer directed services program, shall
43      have access to the statewide list;
44(6) Provide routine, emergency, respite,
45      and replacement referrals of eligible and
SS SCS SB 890  98
46      available personal care attendants to vendors
47      and consumers;
48(7) In cooperation with the Missouri state
49      highway patrol, the department of social
50      services' children's division, the department of
51      mental health, the department of health and
52      senior services, and vendors and on an on-going
53      basis, assess existing mechanisms for preventing
54      abuse and neglect of consumers in the home care
55      setting and recommend improvements to those
56      agencies and the general assembly. As part of
57      this duty, members and employees of the council
58      shall have access to the employee
59      disqualification list established in section
60      192.2490 and the family care safety registry.
61      Members and employees of the council shall
62      report to the department of health and senior
63      services when they have reasonable cause to
64      believe that a consumer has been abused or
65      neglected as defined in section 192.2400,
66      subject to the same standards set forth in
67      section 208.912;
68(8) Recommend the wage rate or rates to be
69      paid personal care attendants and any economic
70      benefits to be received by personal care
71      attendants to the general assembly. The
72      department shall retain its existing authority
73      to establish the Medicaid reimbursement rate for
74      personal care assistance services under
75      subsection 2 of section 208.903;
76(9) Establish other terms and conditions
77      of employment of personal care attendants
78      consistent with consumers' right to hire, fire,
79      train, and supervise personal care attendants;
80(10) Cooperate with the department of
81      health and senior services and vendors to
82      improve the provision of personal care
83      assistance services;
84(11) In carrying out its powers and duties
85      under sections 208.850 to 208.871, the council
86      may:
87(a) Make and execute contracts and all
88      other instruments necessary or convenient for
 SS SCS SB 890  99
89      the performance of its duties or exercise of its
90      powers;
91(b) Issue rules under the Missouri
92      administrative procedures act, chapter 536, as
93      necessary for the purposes and policies of
94      sections 208.850 to 208.871. Any rule or
95      portion of a rule, as that term is defined in
96      section 536.010, that is created under the
97      authority delegated in this section, shall
98      become effective only if it complies with and is
99      subject to all of the provisions of chapter 536
100      and, if applicable, section 536.028. This
101      section and chapter 536 are nonseverable and if
102      any of the powers vested with the general
103      assembly pursuant to chapter 536 to review, to
104      delay the effective date, or to disapprove and
105      annul a rule are subsequently held
106      unconstitutional, then the grant of rulemaking
107      authority and any rule proposed or adopted after
108      August 28, 2008, shall be invalid and void;
109(c) Establish offices, employ an executive
110      director and such other staff as is necessary to
111      carry out its functions and fix their
112      compensation, retain contractors as necessary
113      and prescribe their duties and power, incur
114      expenses, and create such liabilities as are
115      reasonable and proper for the administration of
116      sections 208.850 to 208.871;
117(d) Solicit and accept for use any grant
118      of money, services or property from the federal
119      government, the state, or any political
120      subdivision or agency thereof, including federal
121      matching funds under Title XIX of the federal
122      Social Security Act, and do all things necessary
123      to cooperate with the federal government, the
124      state, or any political subdivision or agency
125      thereof in making an application for any grant;
126(e) Keep records and engage in research
127      and the gathering of relevant statistics;
128(f) Acquire, hold, or dispose of personal
129      property or any interest therein, and contract
130      for, lease, or otherwise provide facilities for
131      the activities conducted under this measure;
132(g) Sue and be sued in its own name;
 SS SCS SB 890  100
133(h) Delegate to the appropriate persons
134      the power to execute contracts and other
135      instruments on its behalf and delegate any of
136      its powers and duties if consistent with the
137      purposes of sections 208.850 to 208.871; and
138(i) Do other acts necessary or convenient
139      to execute the powers expressly granted to it.]
1[208.862. 1. Consumers shall retain the
2right to hire, fire, supervise, and train
3personal care attendants.
42. Vendors shall continue to perform the
5functions provided in sections 208.900 to
6208.930. In addition to having a philosophy
7that promotes the consumer's ability to live
8independently in the most integrated setting or
9the maximum community inclusion of persons with
10physical disabilities, as required by subsection
111 of section 208.918, vendors shall provide to
12consumers advocacy, independent living skills
13training, peer counseling, and information and
14referral services, as those terms are used in
15subsection 3 of section 178.656.
163. The council shall be a public body as
17that term is defined in section 105.500, and
18personal care attendants shall be employees of
19the council solely for purposes of sections
20105.500 to 105.598.
214. The sole bargaining unit of personal
22care attendants, as that term is defined in
23section 105.500, shall be a statewide unit.
24Personal care attendants who are related to or
25members of the family of the consumer to whom
26they provide services shall not for that reason
27be excluded from the unit. The state board of
28mediation shall conduct an election, by mail
29ballot, to determine whether an organization
30shall be designated the exclusive bargaining
31representative as defined in section 105.500 for
32the statewide unit of personal care attendants
33under section 105.525 upon a showing that ten
34percent of the personal care attendants in said
35unit want to be represented by a
36representative. The Missouri office of
SS SCS SB 890  101
37      administration shall represent the council in
38      any collective bargaining with a representative
39      of personal care attendants. Upon completion of
40      bargaining, any agreements shall be reduced to
41      writing and presented to the council for
42      adoption, modification or rejection.
435. The state of Missouri and all vendors
44      shall cooperate in the implementation of any
45      agreements reached by the council and any
46      representative of personal care attendants,
47      including making any payroll deductions
48      authorized by the agreements which can lawfully
49      be made pursuant to agreements entered into
50      under sections 105.500 to 105.598 as currently
51      construed by the Missouri appellate courts.
526. Personal care attendants shall not have
53      the right to strike and breach of this
54      prohibition will result in disqualification from
55      participation in the consumer directed services
56      program.
577. Personal care attendants shall not be
58      considered employees of the state of Missouri or
59      any vendor for any purpose.
608. (1) The provisions of sections 105.500
61      to 105.598 shall apply to all personal care
62      attendants, organizations elected as the
63      exclusive bargaining representative of the
64      bargaining unit of personal care attendants
65      under this section, and all officers and
66      employees of such organizations. For purposes
67      of this subsection, organizations elected as the
68      exclusive bargaining representative of a
69      bargaining unit under this section shall be
70      considered a labor organization, as that term is
71      defined in section 105.500.
72(2) If an organization is not recertified
73      or is decertified as the exclusive bargaining
74      representative of a bargaining unit of personal
75      care attendants under section 105.575, any
76      subsequent certification of an organization as
77      exclusive bargaining representative of a
78      bargaining unit of personal care attendants
79      shall be conducted according to the provisions
SS SCS SB 890  102
80      of section 105.575, notwithstanding subsection 4
81      of this section to the contrary.]
1[208.865. Definitions.
2As used in sections 208.850 to 208.871:
3(1) "Consumer" means a person receiving
4      personal care assistance services from a
5      personal care attendant as defined in
6      subdivision (4) of this section;
7(2) "Council" means the Missouri quality
8      home care council;
9(3) "Department" means the Missouri
10      department of health and senior services;
11(4) "Personal care attendant" means a
12      person, other than a consumer's spouse,
13      providing consumer-directed personal care
14      assistance services as defined in subdivisions
15      (2) and (5) of section 208.900 under sections
16      208.900 to 208.927, similar consumer-directed
17      personal care assistance services under section
18      208.930, and similar consumer-directed personal
19      care assistance services through a program
20      operated pursuant to a waiver obtained under
21      Section 1915(c) of the federal Social Security
22      Act or similar consumer-directed services under
23      the successor to any of said programs;
24(5) "Vendor" is defined in subdivision
25      (10) of section 208.900 and in subsection 2 of
26      section 208.862.]
1[208.868. Federal approval and funding.
2The council and the state of Missouri shall
3      take all actions reasonably necessary to obtain
4      any approval from the United States needed to
5      implement any part of sections 208.850 to
6      208.871 and to ensure continued federal funding
7      of any program governed by sections 208.850 to
8      208.871.]
1[208.871. Severability.
2If any section, subsection, subdivision,
3      paragraph, sentence, or clause of sections
4      208.850 to 208.871 is held to be invalid or
5      unconstitutional, such decision shall not affect
6      any remaining portion, section, or part thereof
SS SCS SB 890  103
7which can be given effect without the invalid
8provision.]
1[209.287. 1. There is hereby established
2      within the Missouri commission for the deaf and
3      hard of hearing a board to be known as the
4      "Board for Certification of Interpreters", which
5      shall be composed of three members. The
6      executive director of the Missouri commission
7      for the deaf and hard of hearing or the
8      director's designee shall be a nonvoting member
9      of the board.
102. The members shall be appointed by the
11      governor with the advice and consent of the
12      senate from a list of recommendations from the
13      commission. The members shall be appointed for
14      terms of three years. No member shall be
15      eligible to serve more than two consecutive
16      terms, except a person appointed to fill a
17      vacancy for a partial term may serve two
18      additional terms. One of the members appointed
19      shall be deaf, one shall be a certified
20      interpreter, and one shall be deaf or a
21      certified interpreter. The members shall be
22      fluent in American sign language, Pidgin Signed
23      English, oral, tactile sign, or any specialized
24      vocabulary used by deaf persons. The member
25      shall have a background and knowledge of
26      interpreting and evaluation.
273. The members shall receive no
28      compensation for their services on the board,
29      but the commission shall reimburse the members
30      for actual and necessary expenses incurred in
31      the performance of their official duties. The
32      board shall meet not less than two times per
33      year. The board shall elect from its membership
34      a chairperson and a secretary. A quorum of the
35      board shall consist of two of its members.
364. Any member of the commission may
37      petition the governor to remove a member from
38      the board for the following reasons:
39      misconduct, inefficiency, incompetence or
40      neglect of his official duties. The governor
41      may remove the member after giving the committee
SS SCS SB 890  104
42      member written notice of the charges against him
43      or her and an opportunity to be heard pursuant
44      to administrative procedures in chapter 621.]
1[210.102. 1. There is hereby established
2      within the department of elementary and
3      secondary education the "Coordinating Board for
4      Early Childhood", which shall constitute a body
5      corporate and politic, and shall include, but
6      not be limited to, the following members:
7(1) A representative from the governor's
8      office;
9(2) A representative from each of the
10      following departments: health and senior
11      services, mental health, social services, and
12      elementary and secondary education;
13(3) A representative of the judiciary;
14(4) A representative of the family and
15      community trust board (FACT);
16(5) A representative from the head start
17      program; and
18(6) Nine members appointed by the governor
19      with the advice and consent of the senate who
20      are representatives of the groups, such as
21      business, philanthropy, civic groups, faith-
22      based organizations, parent groups, advocacy
23      organizations, early childhood service
24      providers, and other stakeholders.
25      The coordinating board may make all rules it
26      deems necessary to enable it to conduct its
27      meetings, elect its officers, and set the terms
28      and duties of its officers. The coordinating
29      board shall elect from amongst its members a
30      chairperson, vice chairperson, a secretary-
31      reporter, and such other officers as it deems
32      necessary. Members of the board shall serve
33      without compensation but may be reimbursed for
34      actual expenses necessary to the performance of
35      their official duties for the board.
362. The coordinating board for early
37      childhood shall have the power to:
38(1) Develop a comprehensive statewide long-
39      range strategic plan for a cohesive early
40      childhood system;
SS SCS SB 890  105
41(2) Confer with public and private
42      entities for the purpose of promoting and
43      improving the development of children from birth
44      through age five of this state;
45(3) Identify legislative recommendations
46      to improve services for children from birth
47      through age five;
48(4) Promote coordination of existing
49      services and programs across public and private
50      entities;
51(5) Promote research-based approaches to
52      services and ongoing program evaluation;
53(6) Identify service gaps and advise
54      public and private entities on methods to close
55      such gaps;
56(7) Apply for and accept gifts, grants,
57      appropriations, loans, or contributions to the
58      coordinating board for early childhood fund from
59      any source, public or private, and enter into
60      contracts or other transactions with any federal
61      or state agency, any private organizations, or
62      any other source in furtherance of the purpose
63      of subsection 1 of this section and this
64      subsection, and take any and all actions
65      necessary to avail itself of such aid and
66      cooperation;
67(8) Direct disbursements from the
68      coordinating board for early childhood fund as
69      provided in this section;
70(9) Administer the coordinating board for
71      early childhood fund and invest any portion of
72      the moneys not required for immediate
73      disbursement in obligations of the United States
74      or any agency or instrumentality of the United
75      States, in obligations of the state of Missouri
76      and its political subdivisions, in certificates
77      of deposit and time deposits, or other
78      obligations of banks and savings and loan
79      associations, or in such other obligations as
80      may be prescribed by the board;
81(10) Purchase, receive, take by grant,
82      gift, devise, bequest or otherwise, lease, or
83      otherwise acquire, own, hold, improve, employ,
84      use, and otherwise deal with real or personal
 SS SCS SB 890  106
85      property or any interests therein, wherever
86      situated;
87(11) Sell, convey, lease, exchange,
88      transfer or otherwise dispose of all or any of
89      its property or any interest therein, wherever
90      situated;
91(12) Employ and fix the compensation of an
92      executive director and such other agents or
93      employees as it considers necessary;
94(13) Adopt, alter, or repeal by its own
95      bylaws, rules, and regulations governing the
96      manner in which its business may be transacted;
97(14) Adopt and use an official seal;
98(15) Assess or charge fees as the board
99      determines to be reasonable to carry out its
100      purposes;
101(16) Make all expenditures which are
102      incident and necessary to carry out its purposes;
103(17) Sue and be sued in its official name;
104(18) Take such action, enter into such
105      agreements, and exercise all functions necessary
106      or appropriate to carry out the duties and
107      purposes set forth in this section.
1083. There is hereby created the
109      "Coordinating Board for Early Childhood Fund"
110      which shall consist of the following:
111(1) Any moneys appropriated by the general
112      assembly for use by the board in carrying out
113      the powers set out in subsections 1 and 2 of
114      this section;
115(2) Any moneys received from grants or
116      which are given, donated, or contributed to the
117      fund from any source;
118(3) Any moneys received as fees authorized
119      under subsections 1 and 2 of this section;
120(4) Any moneys received as interest on
121      deposits or as income on approved investments of
122      the fund;
123(5) Any moneys obtained from any other
124      available source.
125      Notwithstanding the provisions of section 33.080
126      to the contrary, any moneys remaining in the
127      coordinating board for early childhood fund at
 SS SCS SB 890  107
128      the end of the biennium shall not revert to the
129      credit of the general revenue fund.]
1[650.125. 1. The provisions of this
2section shall be known and may be cited as the
3"Missouri Cybersecurity Act".
42. There is hereby established within the
5department of public safety the "Missouri
6Cybersecurity Commission". The commission shall
7have as its purpose identifying risk to and
8vulnerability of the state and critical
9infrastructure with regard to cyber attacks of
10any nature from within or outside the United
11States and advising the governor on such
12matters. The commission shall consist of the
13following members:
14(1) Eight members to be appointed by the
15governor, one from each congressional district,
16with four members from each party;
17(2) The state chief information officer as
18designated by the governor and commissioner of
19the office of administration;
20(3) One representative of the Missouri
21state highway patrol, ex officio;
22(4) One representative of the state
23emergency management agency, ex officio; and
24(5) One representative of the Missouri
25national guard, ex officio.
26No more than five of the nine members appointed
27by the governor shall be of the same political
28party. To be eligible for appointment by the
29governor, a person shall have demonstrated
30expertise in cybersecurity or experience in a
31field that directly correlates to a need of the
32state relating to cyber defense. The membership
33of the commission shall reflect both private
34sector and public sector expertise and
35experience in cybersecurity. Appointed members
36of the commission shall serve three-year terms,
37except that of the initial appointments made by
38the governor, three shall be for one-year terms,
39three shall be for two-year terms, and three
40shall be for three-year terms. No appointed
41member of the commission shall serve more than
SS SCS SB 890  108
42      six years total. Any vacancy on the commission
43      shall be filled in the same manner as the
44      original appointment.
453. The members of the commission shall
46      serve without compensation, but shall be
47      reimbursed for the actual and necessary expenses
48      incurred in the discharge of the members'
49      official duties.
504. A chair of the commission shall be
51      selected by the members of the commission.
525. The department of public safety shall
53      furnish administrative support and staff for the
54      effective operation of the commission.
556. The commission shall meet at least
56      quarterly and at such other times as the chair
57      deems necessary.
587. The commission shall be funded by an
59      appropriation limited to that purpose. Any
60      expenditure constituting more than ten percent
61      of the commission's annual appropriation shall
62      be based on a competitive bid process.
638. The commission shall:
64(1) Advise the governor on the state of
65      cybersecurity in the state of Missouri;
66(2) Solicit data from state agencies,
67      political subdivisions of the state, public
68      institutions of higher education, and public
69      schools relating to cybersecurity;
70(3) Make recommendations to reduce the
71      state's risk of cyber attack and to identify
72      best practices for the state to work offensively
73      against cyber threats.
749. State agencies, public institutions of
75      higher education, and public schools shall
76      provide any data requested by the commission
77      under this section unless such information is
78      protected from disclosure under chapter 610 or
79      is required to be kept confidential under a code
80      of ethics from a profession licensed in the
81      state. The provisions of this section shall not
82      be construed to compel private sector
83      organizations to provide information or data to
84      the commission.
SS SCS SB 890  109
8510. The commission shall prepare and
86      present an annual report to the governor by
87      December thirty-first of each year. Any content
88      from the report protected under section 610.021,
89      including any cybersecurity vulnerabilities
90      identified by the commission, shall be held
91      confidential.]
  ✓