SB 889

SECOND REGULAR SESSION
  HOUSE COMMITTEE SUBSTITUTE FOR
  SENATE SUBSTITUTE FOR
  SENATE BILL NO. 889
  103RD GENERAL ASSEMBLY
4259H.06C  JOSEPH ENGLER, Chief Clerk
  AN ACT
To repeal sections 21.771, 21.851, 23.295, 32.088, 67.5125, 86.353, 99.1205, 100.260,
 103.003, 103.005, 103.047, 103.083, 103.089, 103.095, 103.141, 103.175, 103.178,
 104.352, 105.721, 130.034, 135.204, 135.276, 135.277, 135.279, 135.281, 135.283,
 135.313, 135.530, 135.545, 135.546, 135.680, 135.682, 135.710, 135.766, 135.800,
 135.980, 136.450, 142.1000, 143.173, 143.732, 143.1008, 143.1009, 143.1013,
 143.1014, 143.1017, 143.1027, 143.1100, 148.370, 160.405, 160.575, 161.825,
 161.1055, 167.225, 167.950, 171.034, 172.287, 173.196, 173.236, 173.240, 173.680,
 173.2510, 178.550, 178.585, 178.697, 184.350, 184.351, 184.352, 184.353, 184.355,
 184.357, 184.359, 184.362, 184.384, 186.019, 190.450, 191.211, 191.425, 191.828,
 191.831, 191.950, 191.1075, 191.1080, 191.1085, 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, 192.926, 196.1103, 196.1106, 196.1112, 196.1118, 196.1121, 196.1124,
 196.1127, 197.165, 199.020, 208.244, 208.471, 208.482, 208.530, 208.533, 208.535,
 208.627, 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, 210.154, 210.1030, 215.263, 217.147, 217.151, 217.550,
 217.555, 227.817, 252.300, 252.303, 252.306, 252.309, 252.312, 252.315, 252.318,
 252.321, 252.324, 252.327, 252.330, 252.333, 260.900, 260.905, 260.910, 260.915,
 260.920, 260.925, 260.930, 260.935, 260.940, 260.945, 260.950, 260.955, 260.960,
 260.965, 261.235, 288.040, 301.140, 301.190, 301.213, 301.562, 313.270, 319.140,
 320.092, 320.093, 332.304, 332.305, 334.153, 334.1135, 338.320, 354.215, 374.007,
 375.330, 375.355, 375.380, 375.480, 376.170, 376.180, 376.190, 376.210, 376.220,
 376.230, 376.240, 376.250, 376.260, 376.270, 376.309, 376.752, 376.1186, 377.005,
 377.010, 377.020, 377.030, 377.040, 377.050, 377.060, 377.070, 377.080, 377.090,
 377.100, 377.120, 377.150, 377.160, 377.170, 377.180, 377.190, 377.199, 377.200,
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
HCS SS SB 889  2
  377.210, 377.220, 377.230, 377.240, 377.250, 377.260, 377.270, 377.280, 377.290,
  377.300, 377.310, 377.320, 377.330, 377.340, 377.350, 377.360, 377.370, 377.380,
  377.400, 377.420, 377.430, 377.450, 377.460, 379.205, 379.210, 379.215, 379.220,
  379.225, 379.230, 379.235, 379.240, 379.245, 379.250, 379.255, 379.257, 379.260,
  379.263, 379.265, 379.270, 379.275, 379.290, 379.295, 379.300, 379.316, 379.670,
  379.700, 379.720, 379.1310, 382.070, 393.1072, 394.120, 414.407, 454.433, 454.470,
  454.490, 454.849, 476.1000, 488.426, 559.117, 595.202, 620.010, 620.484, 620.490,
  620.511, 620.512, 620.513, 620.570, 620.1020, 620.1910, 620.2020, 620.2100,
  620.2600, 630.717, 633.420, 640.030, 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 ninety-six
  new sections relating to repealing expired, terminated, sunset, and obsolete statutory
  provisions, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
  Section A. Sections 21.771, 21.851, 23.295, 32.088, 67.5125, 86.353, 99.1205,
2 100.260, 103.003, 103.005, 103.047, 103.083, 103.089, 103.095, 103.141, 103.175, 103.178,
3 104.352, 105.721, 130.034, 135.204, 135.276, 135.277, 135.279, 135.281, 135.283, 135.313,
4 135.530, 135.545, 135.546, 135.680, 135.682, 135.710, 135.766, 135.800, 135.980, 136.450,
5 142.1000, 143.173, 143.732, 143.1008, 143.1009, 143.1013, 143.1014, 143.1017, 143.1027,
6 143.1100, 148.370, 160.405, 160.575, 161.825, 161.1055, 167.225, 167.950, 171.034,
7 172.287, 173.196, 173.236, 173.240, 173.680, 173.2510, 178.550, 178.585, 178.697,
8 184.350, 184.351, 184.352, 184.353, 184.355, 184.357, 184.359, 184.362, 184.384,
9 186.019, 190.450, 191.211, 191.425, 191.828, 191.831, 191.950, 191.1075, 191.1080,
10 191.1085, 192.131, 192.667, 192.700, 192.703, 192.707, 192.710, 192.712, 192.714,
11 192.716, 192.718, 192.720, 192.723, 192.725, 192.926, 196.1103, 196.1106, 196.1112,
12 196.1118, 196.1121, 196.1124, 196.1127, 197.165, 199.020, 208.244, 208.471, 208.482,
13 208.530, 208.533, 208.535, 208.627, 208.850, 208.853, 208.856, 208.859, 208.862, 208.865,
14 208.868, 208.871, 209.285, 209.287, 209.292, 209.299, 209.305, 209.307, 209.309, 209.317,
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15 209.318, 209.321, 209.322, 210.102, 210.154, 210.1030, 215.263, 217.147, 217.151,
16 217.550, 217.555, 227.817, 252.300, 252.303, 252.306, 252.309, 252.312, 252.315,
17 252.318, 252.321, 252.324, 252.327, 252.330, 252.333, 260.900, 260.905, 260.910,
18 260.915, 260.920, 260.925, 260.930, 260.935, 260.940, 260.945, 260.950, 260.955,
19 260.960, 260.965, 261.235, 288.040, 301.140, 301.190, 301.213, 301.562, 313.270,
20 319.140, 320.092, 320.093, 332.304, 332.305, 334.153, 334.1135, 338.320, 354.215,
21 374.007, 375.330, 375.355, 375.380, 375.480, 376.170, 376.180, 376.190, 376.210,
22 376.220, 376.230, 376.240, 376.250, 376.260, 376.270, 376.309, 376.752, 376.1186,
23 377.005, 377.010, 377.020, 377.030, 377.040, 377.050, 377.060, 377.070, 377.080,
24 377.090, 377.100, 377.120, 377.150, 377.160, 377.170, 377.180, 377.190, 377.199,
25 377.200, 377.210, 377.220, 377.230, 377.240, 377.250, 377.260, 377.270, 377.280,
26 377.290, 377.300, 377.310, 377.320, 377.330, 377.340, 377.350, 377.360, 377.370,
27 377.380, 377.400, 377.420, 377.430, 377.450, 377.460, 379.205, 379.210, 379.215,
28 379.220, 379.225, 379.230, 379.235, 379.240, 379.245, 379.250, 379.255, 379.257,
29 379.260, 379.263, 379.265, 379.270, 379.275, 379.290, 379.295, 379.300, 379.316,
30 379.670, 379.700, 379.720, 379.1310, 382.070, 393.1072, 394.120, 414.407, 454.433,
31 454.470, 454.490, 454.849, 476.1000, 488.426, 559.117, 595.202, 620.010, 620.484,
32 620.490, 620.511, 620.512, 620.513, 620.570, 620.1020, 620.1910, 620.2020, 620.2100,
33 620.2600, 630.717, 633.420, 640.030, 643.173, and 650.125, RSMo, and section 167.910 as
34 enacted by house bill no. 1606, ninety-ninth general assembly, second regular session, section
35 167.910 as enacted by house bill no. 1415, ninety-ninth general assembly, second regular
36 session, section 196.1109 as enacted by senate bill no. 7, ninety-sixth general assembly, first
37 extraordinary session, section 196.1109 as enacted by house bill no. 688, ninety-second
38 general assembly, first regular session, section 196.1115 as enacted by senate bill no. 7,
39 ninety-sixth general assembly, first extraordinary session, and section 196.1115 as enacted by
40 house bill no. 688, ninety-second general assembly, first regular session, are repealed and
41 ninety-six new sections enacted in lieu thereof, to be known as sections 21.771, 23.295,
42 86.353, 100.260, 103.003, 103.005, 103.047, 103.083, 103.089, 103.095, 103.141, 104.352,
43 105.721, 130.034, 135.204, 135.530, 135.800, 148.370, 160.405, 160.575, 167.225, 167.950,
44 173.240, 173.2510, 173.2565, 173.2566, 173.2570, 173.2571, 173.2572, 178.550, 178.585,
45 178.697, 184.350, 184.351, 184.352, 184.353, 184.355, 184.357, 184.359, 184.362, 186.019,
46 191.211, 191.828, 191.831, 192.131, 192.667, 192.700, 192.703, 192.714, 196.1106,
47 196.1109, 196.1112, 196.1115, 196.1118, 196.1121, 196.1127, 208.244, 208.471, 209.285,
48 209.292, 209.299, 209.305, 209.307, 209.309, 209.317, 209.318, 209.321, 209.322, 217.151,
49 217.550, 261.235, 288.040, 301.140, 301.190, 301.562, 313.270, 320.092, 375.330, 376.309,
50 379.316, 379.670, 379.720, 379.1310, 382.070, 394.120, 414.407, 454.433, 454.470,
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51 454.490, 488.426, 620.010, 620.570, 620.1020, 620.2020, 630.717, and 643.173, to read as
52 follows:
  21.771. 1. There is established a joint committee of the general assembly to be
 2 known as the "Joint Committee on Child Abuse and Neglect" to be composed of seven
 3 members of the senate and seven members of the house of representatives. The senate
 4 members of the joint committee shall be appointed by the president pro tem and minority
 5 floor leader of the senate and the house members shall be appointed by the speaker and
 6 minority floor leader of the house of representatives. The appointment of each member shall
 7 continue during the member's term of office as a member of the general assembly or until a
 8 successor has been appointed to fill the member's place. No party shall be represented by
 9 more than four members from the house of representatives nor more than four members from
10 the senate. A majority of the committee shall constitute a quorum, but the concurrence of a
11 majority of the members shall be required for the determination of any matter within the
12 committee's duties.
132. The joint committee shall:
14(1) Make a continuing study and analysis of the state child abuse and neglect
15 reporting and investigation system;
16(2) Devise a plan for improving the structured decision making regarding the removal
17 of a child from a home;
18(3) Determine the additional personnel and resources necessary to adequately protect
19 the children of this state and improve their welfare and the welfare of families;
20(4) Address the need for additional foster care homes and to improve the quality of
21 care provided to abused and neglected children in the custody of the state;
22(5) Determine from its study and analysis the need for changes in statutory law;
23(6) Make any other recommendation to the general assembly necessary to provide
24 adequate protections for the children of our state; and
25(7) Make recommendations on how to improve abuse and neglect proceedings
26 including examining the role of the judge, children's division, the juvenile officer, the
27 guardian ad litem, and the foster parents.
283. The joint committee shall meet within thirty days after its creation and organize by
29 selecting a chairperson and a vice chairperson, one of whom shall be a member of the senate
30 and the other a member of the house of representatives. The chairperson shall alternate
31 between members of the house and senate every two years after the committee's organization.
324. The committee shall meet at least quarterly. The committee may meet at locations
33 other than Jefferson City when the committee deems it necessary.
345. The committee shall be staffed by legislative personnel as is deemed necessary to
35 assist the committee in the performance of its duties.
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366. The members of the committee shall serve without compensation but shall be
37 entitled to reimbursement for actual and necessary expenses incurred in the performance of
38 their official duties.
397. It shall be the duty of the committee to compile a full report of its activities for
40 submission to the general assembly. The report shall be submitted not later than the fifteenth
41 of January of each year in which the general assembly convenes in regular session and shall
42 include any recommendations which the committee may have for legislative action as well as
43 any recommendations for administrative or procedural changes in the internal management or
44 organization of state or local government agencies and departments. Copies of the report
45 containing such recommendations shall be sent to the speaker and chief clerk of the house
46 of representatives, the president pro tem and secretary of the senate, and the appropriate
47 directors of state or local government agencies or departments included in the report.
488. The provisions of this section shall expire on [January 15, 2023] August 28, 2031.
  23.295. If an employee is displaced because a program is sunset, reorganized, or
2 continued, the state agency and the [division] office of workforce development in the
3 department of [economic] higher education and workforce development shall make a
4 reasonable effort to relocate the displaced employee.
  86.353. The right of any person to a benefit, any other right accrued or accruing to
2 any person under the provisions of sections 86.200 to 86.366 and the moneys created pursuant
3 to sections 86.200 to 86.366 are not subject to execution, garnishment, attachment or any
4 other process whatsoever and are unassignable except as in sections 86.200 to 86.366
5 specifically provided. Notwithstanding the foregoing, nothing in this section shall prevent the
6 board of trustees from honoring the terms of a court order requiring the retirement system to
7 pay all or any portion of the retirement benefit otherwise payable to a retired or disabled
8 member to a third party to satisfy the member's obligation to pay child support or
9 maintenance. Any relief association created pursuant to section 86.500 shall be exempt from
10 the tax imposed by sections 143.011 to [143.1013] 143.1006.
  100.260. 1. There are hereby created four special funds, to be known as the
2 "Industrial Development and Reserve Fund", the "Industrial Development Guarantee Fund",
3 the "Export Finance Fund", and the "Jobs Now Fund", into which the following may be
4 deposited as and when received and designated for deposit in one of such funds:
5(1) Any moneys appropriated by the general assembly for use by the board in
6 carrying out the powers set forth in sections 100.250 to 100.297;
7(2) Any moneys made available through the issuance of revenue bonds under the
8 provisions of sections 100.250 to 100.295;
9(3) Any moneys received from grants or which are given, donated, or contributed to
10 the fund from any source;
HCS SS SB 889  6
11(4) Any moneys received in repayment of loans or from application fees, reserve
12 participation fees, guarantee fees and premium payments as provided for under sections
13 100.250 to 100.297;
14(5) Any moneys received as interest on deposits or as income on approved
15 investments of the fund;
16(6) Any moneys obtained from the issuance of revenue bonds or notes by the board;
17(7) Any moneys that were in the industrial development fund authorized by this
18 section, the economic development reserve authorized by section 620.215, or the industrial
19 revenue bond guarantee fund authorized by section 620.240, respectively, as of September 28,
20 1985; and
21(8) Any moneys obtained from any other available source.
222. The development and reserve fund, the guarantee fund, the jobs now fund, and the
23 export finance fund shall be administered by the board as provided in sections 100.250 to
24 100.297. Separate accounts may be created within the development and reserve fund and the
25 guarantee fund for moneys specifically appropriated, donated or otherwise received for
26 industrial development purposes. The board may also create such other separate accounts
27 within any of such funds as deemed necessary or appropriate by the board to carry out the
28 duties and purposes of sections 100.250 to 100.297. All such separate accounts may be
29 administered by a corporate trustee on behalf of the board upon the terms and conditions
30 established by the board.
313. Moneys in the jobs now fund, the development and reserve fund, the guarantee
32 fund, and the export finance fund shall be invested by the board in the manner prescribed by
33 the board and any interest earned on invested moneys shall accrue to the benefit of the
34 respective fund.
354. None of the funds and accounts of the board shall be considered a state fund, and
36 money deposited therein may not be appropriated therefrom, nor shall any money deposited
37 therein be subject to the provisions of section 33.080.
385. The commissioner of administration shall annually calculate the increased amount
39 of revenue to the state treasury due to the provisions of sections 135.155, 135.286, [135.546,]
40 and subsection 7 of section 620.1039, as enacted or modified by this act and shall allocate up
41 to twelve million dollars of such revenue to the jobs now fund.
  103.003. As used in [sections 103.003 to 103.175] this chapter, the following terms
2 mean:
3(1) "Actuarial reserves", the necessary funding required to pay all the medical
4 expenses for services provided to members of the plan but for which the claims have not yet
5 been received by the claims administrator;
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6(2) "Actuary", a member of the American Academy of Actuaries or who is an
7 enrolled actuary under the Employee Retirement Income Security Act of 1974;
8(3) "Agency", a state-sponsored institution of higher learning, political subdivision or
9 governmental entity or instrumentality;
10(4) "Alternative delivery health care program", a plan of covered benefits that pays
11 medical expenses through an alternate mechanism rather than on a fee-for-service basis. This
12 includes, but is not limited to, health maintenance organizations and preferred provider
13 organizations, all of which shall include chiropractic physicians licensed under chapter 331,
14 in the provider networks or organizations;
15(5) "Board", the board of trustees of the Missouri consolidated health care plan;
16(6) "Claims administrator", an agency contracted to process medical claims submitted
17 from providers or members of the plan and their dependents;
18(7) "Coordination of benefits", to work with another group-sponsored health care plan
19 which also covers a member of the plan to ensure that both plans pay their appropriate amount
20 of the health care expenses incurred by the member;
21(8) "Covered benefits", a schedule of covered services, including chiropractic
22 services, which are payable under the plan;
23(9) "Employee", any person employed full time by the state or a participating member
24 agency, or a person eligible for coverage by a state-sponsored retirement system or a
25 retirement system sponsored by a participating member agency of the plan;
26(10) "Evidence of good health", medical information supplied by a potential member
27 of the plan that is reviewed to determine the financial risk the person represents to the plan
28 and the corresponding determination of whether or not he or she should be accepted into the
29 plan;
30(11) "Health care plan", any group medical benefit plan providing coverage on an
31 expense-incurred basis, any HMO, any group service or indemnity contract issued by a health
32 plan of any type or description;
33(12) "Medical benefits coverages" shall include services provided by chiropractic
34 physicians as well as physicians licensed under chapter 334;
35(13) "Medical expenses", costs for services performed by a provider and covered
36 under the plan;
37(14) "Missouri consolidated health care plan benefit fund account", the benefit trust
38 fund account containing all payroll deductions, payments, and income from all sources for the
39 plan;
40(15) "Officer", an elected official of the state of Missouri;
41(16) "Participating higher education entity", a state-sponsored institution of higher
42 learning;
HCS SS SB 889  8
43(17) "Participating member agency", a political subdivision or governmental entity
44 that has elected to join the plan and has been accepted by the board;
45(18) "Plan year", a twelve-month period designated by the board which is used to
46 calculate the annual rate categories and the appropriate coverage;
47(19) "Provider", a physician, hospital, pharmacist, psychologist, chiropractic
48 physician or other licensed practitioner who or which provides health care services within
49 the respective scope of practice of such practitioner pursuant to state law and regulation;
50(20) "Retiree", a person who is not an employee and is receiving or is entitled to
51 receive an annuity benefit from a state-sponsored retirement system or a retirement system of
52 a participating member agency of the plan or becomes eligible for retirement benefits because
53 of service with a participating member agency.
  103.005. For the purpose of covering medical expenses of the officers, employees and
2 retirees, the eligible dependents of officers, employees and retirees and to the surviving
3 spouses and children of deceased officers, employees and retirees of the state and
4 participating member agencies of the state, there is hereby created and established a health
5 care plan which shall be a body corporate, which shall be under the management of the board
6 of trustees herein described, and shall be known as the "Missouri Consolidated Health Care
7 Plan". Notwithstanding any provision of law to the contrary, such plan may sue and be sued,
8 transact business, contract, invest funds and hold cash, securities and other property and shall
9 be vested with such other powers as may be necessary or proper to enable it, its officers,
10 employees, and agents to carry out fully and effectively all the purposes of [sections 103.003
11 to 103.175] this chapter.
  103.047. Each trustee shall be entitled to one vote. Six trustees shall constitute a
2 quorum for the transaction of business and any official action of the board shall be based on
3 the majority vote of the trustees present. Unless otherwise expressly provided in [sections
4 103.003 to 103.175] this chapter, a meeting need not be called or held to make any decision
5 on a matter before the board. Each member must be sent by the executive director a copy of
6 the matter to be decided with full information on the question from the files of the plan. The
7 concurring decisions of six trustees may decide the issue by signing a document declaring
8 their decision and sending the written document to the executive director within fifteen days
9 after the document and information was mailed to the trustee. If any trustee is not in
10 agreement with the six trustees, the matter is to be passed on at a regular board meeting or a
11 special meeting called for that purpose.
  103.083. The board shall provide or contract, or both, on its own behalf, for medical
2 benefits coverage and services for persons covered under [sections 103.003 to 103.175] this
3 chapter and enrolled in the plan. The board may contract for medical benefits coverage with
4 alternative delivery health care programs where available. Medical expenses shall also
HCS SS SB 889  9
 5 include expenses for comparable benefits for employees who rely solely on spiritual means
 6 through prayer for healing.
  103.089. Participants in the program of medical benefits coverage provided by
 2 [sections 103.003 to 103.175] this chapter who are eligible for Medicare benefits and who
 3 are not eligible for the program of medical benefits coverage provided under sections 103.083
 4 to 103.098 to be their primary plan of coverage benefits shall be provided substantially
 5 similar benefits provided participants who are not eligible for Medicare benefits. Medical
 6 benefits coverage provided under [sections 103.003 to 103.175] this chapter shall be
 7 coordinated with Medicare benefits for participants covered by part A or part B, or both, of
 8 Medicare benefits, or for participants eligible for but not covered by part A or part B, or both,
 9 of Medicare benefits, reduced by an amount determined by the claims administrator to
10 provide a benefit equivalent to the amount which would be provided on a coordination of
11 benefit basis for such participants if such participants were covered by part A or part B, or
12 both, of Medicare benefits. As used in sections 103.083 to 103.098, the term "Medicare
13 benefits" shall include those medical benefits provided by Title XVIII, A and B, Public Law
14 89-97, 1965 amendments to the federal Social Security Act (42 U.S.C. Section 301, et seq.)
15 and amendments thereto. Any participating member agency having employees or eligible
16 retirees not covered by Medicare shall authorize the plan at its option to enroll those
17 individuals for medical benefits as provided by Title XVIII, A and B, Public Law 89-97, 1965
18 amendments to the federal Social Security Act whenever they become eligible for such
19 benefits and the plan shall pay the premium for such enrollment on behalf of that person. The
20 Medicare premium amounts shall be included in the rate established by the actuary for
21 providing medical benefits coverage to such a participating member agency. Anyone not
22 authorizing this Medicare enrollment shall be denied coverage.
  103.095. Notwithstanding any other provision of law to the contrary, any member of
 2 the general assembly and any elected state official holding a statewide elective state office,
 3 who ceases to hold elective office, or any person employed by the elected official or
 4 employed by a member of the general assembly, whose employment is terminated because
 5 such elected official or member of the general assembly ceases to hold elective office, may
 6 elect to continue insurance benefits to cover medical expenses provided under [sections
 7 103.003 to 103.175] this chapter, by paying the cost of such benefits as determined by the
 8 board. If an eligible person does not elect to continue the coverage within thirty-one days
 9 from the last day of the month in which the eligible person ceases to be an employee, he may
10 not later elect to be covered under this section.
  103.141. The persons in each participating member agency eligible for coverage by
 2 the plan shall include, subject to the limitations contained in [sections 103.003 to 103.175]
 3 this chapter:
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4(1) All employees, retirees, former employees entitled to a retirement benefit because
5 of service with the participating member agency, employees eligible for a disability benefit
6 from the participating member agency, employees on a leave of absence, and their
7 dependents;
8(2) All persons, and their dependents, who become employees of a participating
9 member agency on or after the date such agency becomes covered under the plan, and who
10 wish to enroll in the plan; and
11(3) All persons who become eligible for retirement benefits because of service with
12 the participating member agency, persons who become eligible for a disability benefit from
13 the participating member agency, and their unemancipated dependents, on or after the date
14 such participating member agency becomes covered under the plan, and who have been
15 continuously covered by the benefits under [sections 103.003 to 103.175] this chapter for at
16 least the shorter of:
17(a) Two years prior to the date of disability of the employee or his eligibility for
18 normal or early retirement; or
19(b) From the initial date of eligibility for the benefits provided by [sections 103.003 to
20 103.175] this chapter.
  104.352. 1. Each employee described in paragraph (b) of subdivision (21) of section
2 104.010 shall be entitled to the same insurance benefits provided under [sections 103.003 to
3 103.175] chapter 103 to employees described in paragraph (a) of subdivision (21) of section
4 104.010 to cover the medical expenses of such employees and their spouses and children.
5 Such insurance benefits shall be made available to employees described in paragraph (b) of
6 subdivision (21) of section 104.010 upon their initial employment as such employees in the
7 same manner provided for employees described in paragraph (a) of subdivision (21) of
8 section 104.010, and shall be continued during any period of time, not to exceed one year, in
9 which such employees are not paid for full-time employment, so long as such employees pay
10 the same amount for such insurance benefits as is required of employees described in
11 paragraph (a) of subdivision (21) of section 104.010 who continue receiving such insurance
12 benefits during a leave of absence without pay from their employment with the state. Any
13 employee described in paragraph (b) of subdivision (21) of section 104.010 who is
14 reemployed by the general assembly or either house thereof, or by any member of the general
15 assembly while acting in his official capacity as a member, by the thirteenth legislative day of
16 the session of the general assembly immediately following the session of the general
17 assembly in which such employee was last so employed, without having elected to
18 discontinue the insurance benefits described in this subsection, shall be entitled to continue
19 such insurance benefits without having to prove insurability for himself or any of his covered
20 dependents for whom he has paid for such coverage continuously since last employed as an
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21 employee described in paragraph (b) of subdivision (21) of section 104.010. Any employee
22 described in paragraph (b) of subdivision (21) of section 104.010 who is not reemployed by
23 the general assembly or either house thereof, or by any member of the general assembly while
24 acting in his official capacity as a member, by the thirteenth legislative day of the session of
25 the general assembly immediately following the session of the general assembly in which
26 such employee was last so employed, shall be deemed terminated as an employee as of such
27 thirteenth legislative day, and the insurance benefits provided for such employee under this
28 subsection and [sections 103.003 to 103.175] chapter 103 shall be terminated as provided for
29 employees described in paragraph (a) of subdivision (21) of section 104.010 whose
30 employment is terminated. During each month of service in which an employee described in
31 paragraph (b) of subdivision (21) of section 104.010 is employed, the state shall make any
32 contribution required by [sections 103.003 to 103.175] chapter 103 for such employee.
332. Any employee described in paragraph (b) of subdivision (21) of section 104.010
34 who is actively employed on or after September 28, 1992, shall be deemed vested for
35 purposes of determining eligibility for benefits under sections 104.320 to 104.620 after being
36 so employed for at least sixty months.
  105.721. 1. The commissioner of administration may, in his discretion, direct that
2 any or all of the moneys appropriated to the state legal expense fund be expended to procure
3 one or more policies of insurance to insure against all or any portion of the potential liabilities
4 of the state of Missouri or its agencies, officers, and employees.
52. Until July 1, 1996, the commissioner of administration may procure one or more
6 policies of insurance or reinsurance to insure against all potential losses from liabilities
7 incurred by the state legal expense fund under paragraphs (d) and (e) of subdivision (3) of
8 subsection 2 of section 105.711. [On or before January 1, 1996, the commissioner of
9 administration shall prepare and distribute a report regarding the cost effectiveness of insuring
10 against potential losses to the state under paragraphs (d) and (e) of subdivision (3) of
11 subsection 2 of section 105.711, by the direct purchase of an insurance policy or policies as
12 compared to self-insuring against such losses through appropriations to the state legal
13 expense fund under section 105.711. The report shall be submitted to the governor, the
14 speaker of the house of representatives, the president pro tempore of the senate, and upon
15 request to any member of the general assembly.]
163. After consultation with the state courts administrator, the commissioner of
17 administration shall procure such surety bonds as are required by statute and such surety
18 bonds as he deems necessary to protect the state against loss from the acts or omissions of any
19 person within the judiciary that receives compensation from the state. No other bond for such
20 person shall be required for the protection of the state. A copy of any bond procured pursuant
21 to this section shall be filed with the secretary of state.
HCS SS SB 889  12
  130.034. 1. Contributions as defined in section 130.011, received by any committee
2 shall not be converted to any personal use.
32. Contributions may be used for any purpose allowed by law including, but not
4 limited to:
5(1) Any ordinary expenses incurred relating to a campaign;
6(2) Any ordinary and necessary expenses incurred in connection with the duties of a
7 holder of elective office;
8(3) Any expenses associated with the duties of candidacy or of elective office
9 pertaining to the entertaining of or providing social courtesies to constituents, professional
10 associations, or other holders of elective office;
11(4) The return of any contribution to the person who made the contribution to the
12 candidate or holder of elective office;
13(5) To contribute to a political organization or candidate committee as allowed by
14 law;
15(6) To establish a new committee as defined by this chapter;
16(7) To make an unconditional gift which is fully vested to any charitable, fraternal or
17 civic organizations or other associations formed to provide for some good in the order of
18 benevolence, if such candidate, former candidate or holder of elective office or such person's
19 immediate family gain no direct financial benefit from the unconditional gift[;
20(8) Except when such candidate, former candidate or holder of elective office dies
21 while the committee remains in existence, the committee may make an unconditional gift to a
22 fund established for the benefit of the spouse and children of the candidate, former candidate
23 or holder of elective office. The provisions of this subdivision shall expire October 1, 1997].
243. Upon the death of the candidate, former candidate or holder of elective office who
25 received such contributions, all contributions shall be disposed of according to this section
26 and any funds remaining after final settlement of the candidate's decedent's estate, or if no
27 estate is opened, then twelve months after the candidate's death, will escheat to the state of
28 Missouri to be deposited in the general revenue fund.
294. No contributions, as defined in section 130.011, received by a candidate, former
30 candidate or holder of elective office shall be used to make restitution payments ordered of
31 such individual by a court of law or for the payment of any fine resulting from conviction of a
32 violation of any local, state or federal law.
335. Committees described in subdivision (18) of section 130.011 shall make
34 expenditures only for the purpose of determining whether an individual will be a candidate.
35 Such expenditures include polling information, mailings, personal appearances, telephone
36 expenses, office and travel expenses but may not include contributions to other candidate
37 committees.
HCS SS SB 889  13
386. Any moneys in the exploratory committee fund may be transferred to the candidate
39 committee upon declaration of candidacy for the position being explored. Such funds shall be
40 included for the purposes of reporting and limitation. In the event that candidacy is not
41 declared for the position being explored, the remaining exploratory committee funds shall be
42 returned to the contributors on a pro rata basis. In no event shall the amount returned exceed
43 the amount given by each contributor nor be less than ten dollars.
447. Funds held in candidate committees, campaign committees, debt service
45 committees, and exploratory committees shall be liquid such that these funds shall be
46 readily available for the specific and limited purposes allowed by law. These funds may be
47 invested only in short-term treasury instruments or short-term bank certificates with durations
48 of one year or less, or that allow the removal of funds at any time without any additional
49 financial penalty other than the loss of interest income. Continuing committees, political
50 party committees, and other committees such as out-of-state committees not formed for the
51 benefit of any single candidate or ballot issue shall not be subject to the provisions of this
52 subsection. This subsection shall not be interpreted to restrict the placement of funds in an
53 interest-bearing checking account.
  135.204. The repeal and reenactment of sections 99.918, 99.1082, 135.205, 135.207,
2 135.230, 135.530, 135.903, 135.953, [215.263,] and 620.1023 of section A of this act shall
3 become effective on April 1, 2011, or when the United States Census Bureau's American
4 Community Survey, based on the most recent of five-year period estimate data in which the
5 final year of the estimate period ends in zero becomes available, which first occurs. The
6 commissioner of the office of administration shall notify the revisor of statutes when the
7 updated United States Census Bureau data has been released.
  135.530. For the purposes of sections 100.010, 100.710, 100.850, 135.110, 135.200,
2 135.258, [135.313,] 135.403, 135.405, 135.503, 135.530, [135.545,] 215.030, 348.300,
3 348.302, and 620.1400 to 620.1460, "distressed community" means either a Missouri
4 municipality within a metropolitan statistical area which has a median household income of
5 under seventy percent of the median household income for the metropolitan statistical area,
6 according to the United States Census Bureau's American Community Survey, based on the
7 most recent of five-year period estimate data in which the final year of the estimate ends in
8 either zero or five, or a United States census block group or contiguous group of block groups
9 within a metropolitan statistical area which has a population of at least two thousand five
10 hundred, and each block group having a median household income of under seventy percent
11 of the median household income for the metropolitan area in Missouri, according to the
12 United States Census Bureau's American Community Survey, based on the most recent of
13 five-year period estimate data in which the final year of the estimate ends in either zero or
14 five. In addition the definition shall include municipalities not in a metropolitan statistical
HCS SS SB 889  14
15 area, with a median household income of under seventy percent of the median household
16 income for the nonmetropolitan areas in Missouri according to the United States Census
17 Bureau's American Community Survey, based on the most recent of five-year period estimate
18 data in which the final year of the estimate ends in either zero or five or a census block group
19 or contiguous group of block groups which has a population of at least two thousand five
20 hundred with each block group having a median household income of under seventy percent
21 of the median household income for the nonmetropolitan areas of Missouri, according to the
22 United States Census Bureau's American Community Survey, based on the most recent of
23 five-year period estimate data in which the final year of the estimate ends in either zero or
24 five. In metropolitan statistical areas, the definition shall include areas that were designated
25 as either a federal empowerment zone; or a federal enhanced enterprise community; or a state
26 enterprise zone that was originally designated before January 1, 1986, but shall not include
27 expansions of such state enterprise zones done after March 16, 1988.
  135.800. 1. The provisions of sections 135.800 to 135.830 shall be known and may
2 be cited as the "Tax Credit Accountability Act of 2004".
32. As used in sections 135.800 to 135.830, the following terms mean:
4(1) "Administering agency", the state agency or department charged with
5 administering a particular tax credit program, as set forth by the program's enacting
6 statute; where no department or agency is set forth, the department of revenue;
7(2) "Agricultural tax credits", the agricultural product utilization contributor tax credit
8 created pursuant to section 348.430, the new generation cooperative incentive tax credit
9 created pursuant to section 348.432, the family farm breeding livestock loan tax credit created
10 under section 348.505, the qualified beef tax credit created under section 135.679, and the
11 wine and grape production tax credit created pursuant to section 135.700;
12(3) "Business recruitment tax credits", the business facility tax credit created pursuant
13 to sections 135.110 to 135.150 and section 135.258, the enterprise zone tax benefits created
14 pursuant to sections 135.200 to 135.270, the business use incentives for large-scale
15 development programs created pursuant to sections 100.700 to 100.850, the development tax
16 credits created pursuant to sections 32.100 to 32.125, the rebuilding communities tax credit
17 created pursuant to section 135.535, the film production tax credit created pursuant to section
18 135.750, the enhanced enterprise zone created pursuant to sections 135.950 to 135.970, and
19 the Missouri quality jobs program created pursuant to sections 620.1875 to 620.1900;
20(4) "Community development tax credits", the neighborhood assistance tax credit
21 created pursuant to sections 32.100 to 32.125[,] and the family development account tax
22 credit created pursuant to sections 208.750 to 208.775[, the dry fire hydrant tax credit created
23 pursuant to section 320.093, and the transportation development tax credit created pursuant to
24 section 135.545];
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25(5) "Domestic and social tax credits", the youth opportunities tax credit created
26 pursuant to section 135.460 and sections 620.1100 to 620.1103, the shelter for victims of
27 domestic violence created pursuant to section 135.550, the senior citizen or disabled person
28 property tax credit created pursuant to sections 135.010 to 135.035, the adoption tax credit
29 created pursuant to sections 135.325 to 135.339, the champion for children tax credit created
30 pursuant to section 135.341, the maternity home tax credit created pursuant to section
31 135.600, the surviving spouse tax credit created pursuant to section 135.090, the residential
32 treatment agency tax credit created pursuant to section 135.1150, the pregnancy resource
33 center tax credit created pursuant to section 135.630, the food pantry tax credit created
34 pursuant to section 135.647, the residential dwelling access tax credit created pursuant to
35 section 135.562, the developmental disability care provider tax credit created under section
36 135.1180, the shared care tax credit created pursuant to section 192.2015, the health, hunger,
37 and hygiene tax credit created pursuant to section 135.1125, and the diaper bank tax credit
38 created pursuant to section 135.621;
39(6) "Entrepreneurial tax credits", the capital tax credit created pursuant to sections
40 135.400 to 135.429, the certified capital company tax credit created pursuant to sections
41 135.500 to 135.529, the seed capital tax credit created pursuant to sections 348.300 to
42 348.318, the new enterprise creation tax credit created pursuant to sections 620.635 to
43 620.653, the research tax credit created pursuant to section 620.1039, the small business
44 incubator tax credit created pursuant to section 620.495, [the guarantee fee tax credit created
45 pursuant to section 135.766,] and the new generation cooperative tax credit created pursuant
46 to sections 32.105 to 32.125;
47(7) "Environmental tax credits", [the charcoal producer tax credit created pursuant to
48 section 135.313,] the wood energy tax credit created pursuant to sections 135.300 to 135.311
49 [, and the alternative fuel stations tax credit created pursuant to section 135.710];
50(8) "Financial and insurance tax credits", the bank franchise tax credit created
51 pursuant to section 148.030, the bank tax credit for S corporations created pursuant to section
52 143.471, the exam fee tax credit created pursuant to section 148.400, the health insurance
53 pool tax credit created pursuant to section 376.975, the life and health insurance guaranty tax
54 credit created pursuant to section 376.745, the property and casualty guaranty tax credit
55 created pursuant to section 375.774, and the self-employed health insurance tax credit created
56 pursuant to section 143.119;
57(9) "Housing tax credits", the neighborhood preservation tax credit created pursuant
58 to sections 135.475 to 135.487, the low-income housing tax credit created pursuant to
59 sections 135.350 to 135.363, and the affordable housing tax credit created pursuant to
60 sections 32.105 to 32.125;
61(10) "Recipient", the individual or entity who both:
HCS SS SB 889  16
62(a) Is the original applicant for a tax credit; and
63(b) Who directly receives a tax credit or the right to transfer a tax credit under a tax
64 credit program, regardless as to whether the tax credit has been used or redeemed; a recipient
65 shall not include the transferee of a transferable tax credit;
66(11) "Redevelopment tax credits", the historic preservation tax credit created pursuant
67 to sections 253.545 to 253.559, the brownfield redevelopment program tax credit created
68 pursuant to sections 447.700 to 447.718, the community development corporations tax credit
69 created pursuant to sections 135.400 to 135.430, the infrastructure tax credit created pursuant
70 to subsection 6 of section 100.286, the bond guarantee tax credit created pursuant to section
71 100.297, and the disabled access tax credit created pursuant to section 135.490[, the new
72 markets tax credit created pursuant to section 135.680, and the distressed areas land
73 assemblage tax credit created pursuant to section 99.1205];
74(12) "Tax credit program", any of the tax credit programs included in the definitions
75 of agricultural tax credits, business recruitment tax credits, community development tax
76 credits, domestic and social tax credits, entrepreneurial tax credits, environmental tax credits,
77 housing tax credits, redevelopment tax credits, and training and educational tax credits;
78(13) "Training and educational tax credits", the Missouri works new jobs tax credit
79 and Missouri works retained jobs credit created pursuant to sections 620.800 to 620.809.
  148.370. Every insurance company or association organized under the laws of the
2 state of Missouri and doing business under the provisions of sections 376.010 to 376.670,
3 [379.205 to 379.310,] 379.650 to 379.790 and chapter 381 and every mutual fire insurance
4 company organized under the provisions of sections 379.010 to 379.190 shall, as hereinafter
5 provided, quarterly pay, beginning with the year 1983, a tax upon the direct premiums
6 received by it from policyholders in this state, whether in cash or in notes, or on account of
7 business done in this state, in lieu of the taxes imposed under the provisions of chapters 143
8 and 147 for insurance of life, property or interest in this state, at the rate of two percent per
9 annum, which amount of taxes shall be assessed and collected as hereinafter provided;
10 provided, that fire and casualty insurance companies or associations shall be credited with
11 cancelled or returned premiums actually paid during the year in this state, and that life
12 insurance companies shall be credited with dividends actually declared to policyholders in
13 this state but held by the company and applied to the reduction of premiums payable by the
14 policyholder.
  160.405. 1. A person, group or organization seeking to establish a charter school
2 shall submit the proposed charter, as provided in this section, to a sponsor. If the sponsor is
3 not a school board, the applicant shall give a copy of its application to the school board of the
4 district in which the charter school is to be located and to the state board of education, within
5 five business days of the date the application is filed with the proposed sponsor. The school
HCS SS SB 889  17
6 board may file objections with the proposed sponsor, and, if a charter is granted, the school
7 board may file objections with the state board of education. The charter shall include a
8 legally binding performance contract that describes the obligations and responsibilities of the
9 school and the sponsor as outlined in sections 160.400 to 160.425 and section 167.349 and
10 shall address the following:
11(1) A mission and vision statement for the charter school;
12(2) A description of the charter school's organizational structure and bylaws of the
13 governing body, which will be responsible for the policy, financial management, and
14 operational decisions of the charter school, including the nature and extent of parental,
15 professional educator, and community involvement in the governance and operation of the
16 charter school;
17(3) A financial plan for the first three years of operation of the charter school
18 including provisions for annual audits;
19(4) A description of the charter school's policy for securing personnel services, its
20 personnel policies, personnel qualifications, and professional development plan;
21(5) A description of the grades or ages of students being served;
22(6) The school's calendar of operation, which shall include at least the equivalent of a
23 full school term as defined in section 160.011;
24(7) A description of the charter school's pupil performance standards and academic
25 program performance standards, which shall meet the requirements of subdivision (6) of
26 subsection 4 of this section. The charter school program shall be designed to enable each
27 pupil to achieve such standards and shall contain a complete set of indicators, measures,
28 metrics, and targets for academic program performance, including specific goals on
29 graduation rates and standardized test performance and academic growth;
30(8) A description of the charter school's educational program and curriculum;
31(9) The term of the charter, which shall be five years and may be renewed;
32(10) Procedures, consistent with the Missouri financial accounting manual, for
33 monitoring the financial accountability of the charter, which shall meet the requirements of
34 subdivision (4) of subsection 4 of this section;
35(11) Preopening requirements for applications that require that charter schools meet
36 all health, safety, and other legal requirements prior to opening;
37(12) A description of the charter school's policies on student discipline and student
38 admission, which shall include a statement, where applicable, of the validity of attendance of
39 students who do not reside in the district but who may be eligible to attend under the terms of
40 judicial settlements and procedures that ensure admission of students with disabilities in a
41 nondiscriminatory manner;
HCS SS SB 889  18
42(13) A description of the charter school's grievance procedure for parents or
43 guardians;
44(14) A description of the agreement and time frame for implementation between the
45 charter school and the sponsor as to when a sponsor shall intervene in a charter school, when
46 a sponsor shall revoke a charter for failure to comply with subsection 8 of this section, and
47 when a sponsor will not renew a charter under subsection 9 of this section;
48(15) Procedures to be implemented if the charter school should close, as provided in
49 subdivision (6) of subsection 16 of section 160.400 including:
50(a) Orderly transition of student records to new schools and archival of student
51 records;
52(b) Archival of business operation and transfer or repository of personnel records;
53(c) Submission of final financial reports;
54(d) Resolution of any remaining financial obligations;
55(e) Disposition of the charter school's assets upon closure; and
56(f) A notification plan to inform parents or guardians of students, the local school
57 district, the retirement system in which the charter school's employees participate, and the
58 state board of education within thirty days of the decision to close;
59(16) A description of the special education and related services that shall be available
60 to meet the needs of students with disabilities; and
61(17) For all new or revised charters, procedures to be used upon closure of the charter
62 school requiring that unobligated assets of the charter school be returned to the department of
63 elementary and secondary education for their disposition, which upon receipt of such assets
64 shall return them to the local school district in which the school was located, the state, or any
65 other entity to which they would belong.
66
67 Charter schools operating on August 27, 2012, shall have until August 28, 2015, to meet the
68 requirements of this subsection.
692. Proposed charters shall be subject to the following requirements:
70(1) A charter shall be submitted to the sponsor, and follow the sponsor's policies and
71 procedures for review and granting of a charter approval, and be approved by the state board
72 of education by January thirty-first prior to the school year of the proposed opening date of
73 the charter school;
74(2) A charter may be approved when the sponsor determines that the requirements of
75 this section are met, determines that the applicant is sufficiently qualified to operate a charter
76 school, and that the proposed charter is consistent with the sponsor's charter sponsorship
77 goals and capacity. The sponsor's decision of approval or denial shall be made within ninety
78 days of the filing of the proposed charter;
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79(3) If the charter is denied, the proposed sponsor shall notify the applicant in writing
80 as to the reasons for its denial and forward a copy to the state board of education within five
81 business days following the denial;
82(4) If a proposed charter is denied by a sponsor, the proposed charter may be
83 submitted to the state board of education, along with the sponsor's written reasons for its
84 denial. If the state board determines that the applicant meets the requirements of this section,
85 that the applicant is sufficiently qualified to operate the charter school, and that granting a
86 charter to the applicant would be likely to provide educational benefit to the children of the
87 district, the state board may grant a charter and act as sponsor of the charter school. The state
88 board shall review the proposed charter and make a determination of whether to deny or grant
89 the proposed charter within sixty days of receipt of the proposed charter, provided that any
90 charter to be considered by the state board of education under this subdivision shall be
91 submitted no later than March first prior to the school year in which the charter school intends
92 to begin operations. The state board of education shall notify the applicant in writing as the
93 reasons for its denial, if applicable; and
94(5) The sponsor of a charter school shall give priority to charter school applicants that
95 propose a school oriented to high-risk students and to the reentry of dropouts into the school
96 system. If a sponsor grants three or more charters, at least one-third of the charters granted by
97 the sponsor shall be to schools that actively recruit dropouts or high-risk students as their
98 student body and address the needs of dropouts or high-risk students through their proposed
99 mission, curriculum, teaching methods, and services. For purposes of this subsection, a
100 "high-risk" student is one who is at least one year behind in satisfactory completion of course
101 work or obtaining high school credits for graduation, has dropped out of school, is at risk of
102 dropping out of school, needs drug and alcohol treatment, has severe behavioral problems,
103 has been suspended from school three or more times, has a history of severe truancy, is a
104 pregnant or parenting teen, has been referred for enrollment by the judicial system, is exiting
105 incarceration, is a refugee, is homeless or has been homeless sometime within the preceding
106 six months, has been referred by an area school district for enrollment in an alternative
107 program, or qualifies as high risk under department of elementary and secondary education
108 guidelines. Dropout shall be defined through the guidelines of the school core data report.
109 The provisions of this subsection do not apply to charters sponsored by the state board of
110 education.
1113. If a charter is approved by a sponsor, the charter application shall be submitted to
112 the state board of education, along with a statement of finding by the sponsor that the
113 application meets the requirements of sections 160.400 to 160.425 and section 167.349 and a
114 monitoring plan under which the charter sponsor shall evaluate the academic performance,
115 including annual performance reports, of students enrolled in the charter school. The state
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116 board of education shall approve or deny a charter application within sixty days of receipt of
117 the application. The state board of education may deny a charter on grounds that the
118 application fails to meet the requirements of sections 160.400 to 160.425 and section 167.349
119 or that a charter sponsor previously failed to meet the statutory responsibilities of a charter
120 sponsor. Any denial of a charter application made by the state board of education shall be in
121 writing and shall identify the specific failures of the application to meet the requirements of
122 sections 160.400 to 160.425 and section 167.349, and the written denial shall be provided
123 within ten business days to the sponsor.
1244. A charter school shall, as provided in its charter:
125(1) Be nonsectarian in its programs, admission policies, employment practices, and
126 all other operations;
127(2) Comply with laws and regulations of the state, county, or city relating to health,
128 safety, and state minimum educational standards, as specified by the state board of education,
129 including the requirements relating to student discipline under sections 160.261, 167.161,
130 167.164, and 167.171, notification of criminal conduct to law enforcement authorities under
131 sections 167.115 to 167.117, academic assessment under section 160.518, transmittal of
132 school records under section 167.020, the minimum amount of school time required under
133 section 171.031, and the employee criminal history background check and the family care
134 safety registry check under section 168.133;
135(3) Except as provided in sections 160.400 to 160.425 and as specifically provided in
136 other sections, be exempt from all laws and rules relating to schools, governing boards and
137 school districts;
138(4) Be financially accountable, use practices consistent with the Missouri financial
139 accounting manual, provide for an annual audit by a certified public accountant, publish audit
140 reports and annual financial reports as provided in chapter 165, provided that the annual
141 financial report may be published on the department of elementary and secondary education's
142 internet website in addition to other publishing requirements, and provide liability insurance
143 to indemnify the school, its board, staff and teachers against tort claims. A charter school that
144 receives local educational agency status under subsection 6 of this section shall meet the
145 requirements imposed by the Elementary and Secondary Education Act for audits of such
146 agencies and comply with all federal audit requirements for charters with local educational
147 agency status. For purposes of an audit by petition under section 29.230, a charter school
148 shall be treated as a political subdivision on the same terms and conditions as the school
149 district in which it is located. For the purposes of securing such insurance, a charter school
150 shall be eligible for the Missouri public entity risk management fund pursuant to section
151 537.700. A charter school that incurs debt shall include a repayment plan in its financial plan;
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152(5) Provide a comprehensive program of instruction for at least one grade or age
153 group from early childhood through grade twelve, as specified in its charter;
154(6) (a) Design a method to measure pupil progress toward the pupil academic
155 standards adopted by the state board of education pursuant to section 160.514, establish
156 baseline student performance in accordance with the performance contract during the first
157 year of operation, collect student performance data as defined by the annual performance
158 report throughout the duration of the charter to annually monitor student academic
159 performance, and to the extent applicable based upon grade levels offered by the charter
160 school, participate in the statewide system of assessments, comprised of the essential skills
161 tests and the nationally standardized norm-referenced achievement tests, as designated by the
162 state board pursuant to section 160.518, complete and distribute an annual report card as
163 prescribed in section 160.522, which shall also include a statement that background checks
164 have been completed on the charter school's board members, and report to its sponsor, the
165 local school district, and the state board of education as to its teaching methods and any
166 educational innovations and the results thereof. No charter school shall be considered in the
167 Missouri school improvement program review of the district in which it is located for the
168 resource or process standards of the program.
169(b) For proposed high-risk or alternative charter schools, sponsors shall approve
170 performance measures based on mission, curriculum, teaching methods, and services.
171 Sponsors shall also approve comprehensive academic and behavioral measures to determine
172 whether students are meeting performance standards on a different time frame as specified in
173 that school's charter. Student performance shall be assessed comprehensively to determine
174 whether a high-risk or alternative charter school has documented adequate student progress.
175 Student performance shall be based on sponsor-approved comprehensive measures as well as
176 standardized public school measures. Annual presentation of charter school report card data
177 to the department of elementary and secondary education, the state board, and the public shall
178 include comprehensive measures of student progress.
179(c) Nothing in this subdivision shall be construed as permitting a charter school to be
180 held to lower performance standards than other public schools within a district; however, the
181 charter of a charter school may permit students to meet performance standards on a different
182 time frame as specified in its charter. The performance standards for alternative and special
183 purpose charter schools that target high-risk students as defined in subdivision (5) of
184 subsection 2 of this section shall be based on measures defined in the school's performance
185 contract with its sponsors;
186(7) Comply with all applicable federal and state laws and regulations regarding
187 students with disabilities, including sections 162.670 to 162.710, the Individuals with
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188 Disabilities Education Act (20 U.S.C. Section 1400) and Section 504 of the Rehabilitation
189 Act of 1973 (29 U.S.C. Section 794) or successor legislation;
190(8) Provide along with any request for review by the state board of education the
191 following:
192(a) Documentation that the applicant has provided a copy of the application to the
193 school board of the district in which the charter school is to be located, except in those
194 circumstances where the school district is the sponsor of the charter school; and
195(b) A statement outlining the reasons for approval or denial by the sponsor,
196 specifically addressing the requirements of sections 160.400 to 160.425 and 167.349.
1975. (1) Proposed or existing high-risk or alternative charter schools may include
198 alternative arrangements for students to obtain credit for satisfying graduation requirements in
199 the school's charter application and charter. Alternative arrangements may include, but not be
200 limited to, credit for off-campus instruction, embedded credit, work experience through an
201 internship arranged through the school, and independent studies. When the state board of
202 education approves the charter, any such alternative arrangements shall be approved at such
203 time.
204(2) The department of elementary and secondary education shall conduct a study of
205 any charter school granted alternative arrangements for students to obtain credit under this
206 subsection after three years of operation to assess student performance, graduation rates,
207 educational outcomes, and entry into the workforce or higher education.
2086. The charter of a charter school may be amended at the request of the governing
209 body of the charter school and on the approval of the sponsor. The sponsor and the governing
210 board and staff of the charter school shall jointly review the school's performance,
211 management and operations during the first year of operation and then every other year after
212 the most recent review or at any point where the operation or management of the charter
213 school is changed or transferred to another entity, either public or private. The governing
214 board of a charter school may amend the charter, if the sponsor approves such amendment, or
215 the sponsor and the governing board may reach an agreement in writing to reflect the charter
216 school's decision to become a local educational agency. In such case the sponsor shall give
217 the department of elementary and secondary education written notice no later than March first
218 of any year, with the agreement to become effective July first. The department may waive the
219 March first notice date in its discretion. The department shall identify and furnish a list of its
220 regulations that pertain to local educational agencies to such schools within thirty days of
221 receiving such notice.
2227. Sponsors shall annually review the charter school's compliance with statutory
223 standards including:
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224(1) Participation in the statewide system of assessments, as designated by the state
225 board of education under section 160.518;
226(2) Assurances for the completion and distribution of an annual report card as
227 prescribed in section 160.522;
228(3) The collection of baseline data during the first three years of operation to
229 determine the longitudinal success of the charter school;
230(4) A method to measure pupil progress toward the pupil academic standards adopted
231 by the state board of education under section 160.514; and
232(5) Publication of each charter school's annual performance report.
2338. (1) (a) A sponsor's policies shall give schools clear, adequate, evidence-based, and
234 timely notice of contract violations or performance deficiencies and mandate intervention
235 based upon findings of the state board of education of the following:
236a. The charter school provides a high school program which fails to maintain a
237 graduation rate of at least seventy percent in three of the last four school years unless the
238 school has dropout recovery as its mission;
239b. The charter school's annual performance report results are below the district's
240 annual performance report results based on the performance standards that are applicable to
241 the grade level configuration of both the charter school and the district in which the charter
242 school is located in three of the last four school years; and
243c. The charter school is identified as a persistently lowest achieving school by the
244 department of elementary and secondary education.
245(b) A sponsor shall have a policy to revoke a charter during the charter term if there
246 is:
247a. Clear evidence of underperformance as demonstrated in the charter school's annual
248 performance report in three of the last four school years; or
249b. A violation of the law or the public trust that imperils students or public funds.
250(c) A sponsor shall revoke a charter or take other appropriate remedial action, which
251 may include placing the charter school on probationary status for no more than twenty-four
252 months, provided that no more than one designation of probationary status shall be allowed
253 for the duration of the charter contract, at any time if the charter school commits a serious
254 breach of one or more provisions of its charter or on any of the following grounds: failure to
255 meet the performance contract as set forth in its charter, failure to meet generally accepted
256 standards of fiscal management, failure to provide information necessary to confirm
257 compliance with all provisions of the charter and sections 160.400 to 160.425 and 167.349
258 within forty-five days following receipt of written notice requesting such information, or
259 violation of law.
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260(2) The sponsor may place the charter school on probationary status to allow the
261 implementation of a remedial plan, which may require a change of methodology, a change in
262 leadership, or both, after which, if such plan is unsuccessful, the charter may be revoked.
263(3) At least sixty days before acting to revoke a charter, the sponsor shall notify the
264 governing board of the charter school of the proposed action in writing. The notice shall state
265 the grounds for the proposed action. The school's governing board may request in writing a
266 hearing before the sponsor within two weeks of receiving the notice.
267(4) The sponsor of a charter school shall establish procedures to conduct
268 administrative hearings upon determination by the sponsor that grounds exist to revoke a
269 charter. Final decisions of a sponsor from hearings conducted pursuant to this subsection are
270 subject to an appeal to the state board of education, which shall determine whether the charter
271 shall be revoked.
272(5) A termination shall be effective only at the conclusion of the school year, unless
273 the sponsor determines that continued operation of the school presents a clear and immediate
274 threat to the health and safety of the children.
275(6) A charter sponsor shall make available the school accountability report card
276 information as provided under section 160.522 and the results of the academic monitoring
277 required under subsection 3 of this section.
2789. (1) A sponsor shall take all reasonable steps necessary to confirm that each charter
279 school sponsored by such sponsor is in material compliance and remains in material
280 compliance with all material provisions of the charter and sections 160.400 to 160.425 and
281 167.349. Every charter school shall provide all information necessary to confirm ongoing
282 compliance with all provisions of its charter and sections 160.400 to 160.425 and 167.349 in a
283 timely manner to its sponsor.
284(2) The sponsor's renewal process of the charter school shall be based on the thorough
285 analysis of a comprehensive body of objective evidence and consider if:
286(a) The charter school has maintained results on its annual performance report that
287 meet or exceed the district in which the charter school is located based on the performance
288 standards that are applicable to the grade-level configuration of both the charter school and
289 the district in which the charter school is located in three of the last four school years;
290(b) The charter school is organizationally and fiscally viable determining at a
291 minimum that the school does not have:
292a. A negative balance in its operating funds;
293b. A combined balance of less than three percent of the amount expended for such
294 funds during the previous fiscal year; or
295c. Expenditures that exceed receipts for the most recently completed fiscal year;
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296(c) The charter is in compliance with its legally binding performance contract and
297 sections 160.400 to 160.425 and section 167.349; and
298(d) The charter school has an annual performance report consistent with a
299 classification of accredited for three of the last four years and is fiscally viable as described in
300 paragraph (b) of this subdivision. If such is the case, the charter school may have an
301 expedited renewal process as defined by rule of the department of elementary and secondary
302 education.
303(3) (a) Beginning August first during the year in which a charter is considered for
304 renewal, a charter school sponsor shall demonstrate to the state board of education that the
305 charter school is in compliance with federal and state law as provided in sections 160.400 to
306 160.425 and section 167.349 and the school's performance contract including but not limited
307 to those requirements specific to academic performance.
308(b) Along with data reflecting the academic performance standards indicated in
309 paragraph (a) of this subdivision, the sponsor shall submit a revised charter application to the
310 state board of education for review.
311(c) Using the data requested and the revised charter application under paragraphs (a)
312 and (b) of this subdivision, the state board of education shall determine if compliance with all
313 standards enumerated in this subdivision has been achieved. The state board of education at
314 its next regularly scheduled meeting shall vote on the revised charter application.
315(d) If a charter school sponsor demonstrates the objectives identified in this
316 subdivision, the state board of education shall renew the school's charter.
31710. A school district may enter into a lease with a charter school for physical
318 facilities.
31911. A governing board or a school district employee who has control over personnel
320 actions shall not take unlawful reprisal against another employee at the school district because
321 the employee is directly or indirectly involved in an application to establish a charter school.
322 A governing board or a school district employee shall not take unlawful reprisal against an
323 educational program of the school or the school district because an application to establish a
324 charter school proposes the conversion of all or a portion of the educational program to a
325 charter school. As used in this subsection, "unlawful reprisal" means an action that is taken
326 by a governing board or a school district employee as a direct result of a lawful application to
327 establish a charter school and that is adverse to another employee or an educational program.
32812. Charter school board members shall be subject to the same liability for acts while
329 in office as if they were regularly and duly elected members of school boards in any other
330 public school district in this state. The governing board of a charter school may participate, to
331 the same extent as a school board, in the Missouri public entity risk management fund in the
332 manner provided under sections 537.700 to 537.756.
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33313. Any entity, either public or private, operating, administering, or otherwise
334 managing a charter school shall be considered a quasi-public governmental body and subject
335 to the provisions of sections 610.010 to 610.035.
33614. The chief financial officer of a charter school shall maintain:
337(1) A surety bond in an amount determined by the sponsor to be adequate based on
338 the cash flow of the school; or
339(2) An insurance policy issued by an insurance company licensed to do business in
340 Missouri on all employees in the amount of five hundred thousand dollars or more that
341 provides coverage in the event of employee theft.
34215. The department of elementary and secondary education shall calculate an annual
343 performance report for each charter school and shall publish it in the same manner as annual
344 performance reports are calculated and published for districts and attendance centers.
345[16. The joint committee on education shall create a committee to investigate facility
346 access and affordability for charter schools. The committee shall be comprised of equal
347 numbers of the charter school sector and the public school sector and shall report its findings
348 to the general assembly by December 31, 2016.]
  160.575. 1. The department of elementary and secondary education shall develop a
2 "ready to work" endorsement program that enables high schools to endorse a certificate for
3 students who meet certain standards that demonstrate that such students are deemed ready to
4 work. The program shall be available no later than June 30, 2007.
52. The program shall include, but not be limited to, the following:
6(1) Voluntary participation by high school seniors who choose to participate;
7(2) Academic components;
8(3) Work readiness components;
9(4) Assessment tools and techniques for a third-party, independent, and objective
10 assessment and endorsement of individual student achievement through an existing workforce
11 investment service delivery system; and
12(5) An easily identifiable guarantee to potential employers that the entry-level
13 employee is ready to work.
143. In developing such standards, the department shall involve representatives of the
15 [division] office of workforce development, employers, students, career center providers,
16 local workforce investment boards, and school district personnel.
  167.225. 1. [As used in subsections 1 to 4 of this section, the following terms mean:
2(1) "Braille", the system of reading and writing through touch;
3(2) "Student", any student who has an impairment in vision that, even with correction,
4 adversely affects a child's educational performance and who is determined eligible for special
5 education services under the Individuals with Disabilities Education Act.
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62. All students shall receive instruction in Braille reading and writing as part of their
7 individualized education plan unless the individual education program team determines, after
8 an evaluation of a student's reading and writing skills, needs, and appropriate reading and
9 writing media, including an evaluation of the student's future needs for instruction in Braille
10 or the use of Braille, that instruction in Braille or the use of Braille is not appropriate. No
11 student shall be denied instruction in Braille reading and writing solely because the student
12 has some remaining vision.
133. Instruction in Braille reading and writing shall be sufficient to enable each student
14 to communicate effectively and efficiently at a level commensurate with the student's sighted
15 peers of comparable grade level and intellectual functioning. The student's individualized
16 education plan shall specify:
17(1) How Braille will be implemented as the primary mode for learning through
18 integration with normal classroom activities. If Braille will not be provided to a child who is
19 blind, the reason for not incorporating it in the individualized education plan shall be
20 documented therein;
21(2) The date on which Braille instruction will commence;
22(3) The level of competency in Braille reading and writing to be achieved by the end
23 of the period covered by the individualized education plan; and
24(4) The duration of each session.
254. As part of the certification process, teachers certified in the education of blind and
26 visually impaired children shall be required to demonstrate competence in reading and
27 writing Braille. The department of elementary and secondary education shall adopt
28 assessment procedures to assess such competencies which are consistent with standards
29 adopted by the National Library Service for the Blind and Physically Handicapped, Library of
30 Congress, Washington, D.C.
315.] (1) Subsections [5 to 9] 1 to 5 of this section shall be known and may be cited as
32 the "Blind Students' Rights to Independence, Training, and Education Act" or the "BRITE
33 Act".
34(2) As used in subsections [5 to 9] 1 to 5 of this section, the following terms mean:
35(a) "Accessible assistive technology device", an assistive technology device, as
36 defined in 20 U.S.C. Section 1401, as amended, that provides blind or visually impaired
37 students the benefits of an educational program in an equally effective and integrated manner
38 as that provided to nondisabled students;
39(b) "Adequate instruction", the quality teaching of blind or visually impaired students,
40 as it pertains to general education and necessary blindness skills, in alignment with the U.S.
41 Department of Education's definition of free appropriate public education, as defined in 20
42 U.S.C. Section 1401, as amended;
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43(c) "Blind or visually impaired student":
44a. A child who:
45(i) Has an individualized education program (IEP) or an individualized family service
46 plan (IFSP), as such terms are defined in 20 U.S.C. Section 1401, as amended, or a 504 plan
47 created under Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. Section 794, as
48 amended; and
49(ii) Is identified as having the disability of visual impairment (including blindness)
50 within the definition of child with a disability in 20 U.S.C. Section 1401, as amended; or
51b. An individual who is deaf-blind under the federal Individuals with Disabilities
52 Education Act (IDEA), as amended, or other federal law;
53(d) "Braille", the system of reading and writing through touch;
54(e) "Expanded core curriculum", a disability-specific curriculum that compensates for
55 vision loss, is foundational to all other learning, and that covers the nine essential areas of
56 compensatory access, sensory efficiency, assistive technology, orientation and mobility, social
57 interaction, recreation and leisure, independent living, self-determination, and career
58 education;
59(f) "Grade level instruction", instruction that aligns with state-designated content
60 standards and curricula for students of the same age or level of maturity, based on the
61 development of intellectual, emotional, physical, and behavioral capacity that is typical for
62 the student's age or age group;
63(g) "Local educational agency" or "LEA", the same definition as in 20 U.S.C. Section
64 1401, as amended;
65(h) "Nonvisual access", the ability of a blind or visually impaired student to use all
66 functions of a device, without using the student's vision, in an equally effective, equally
67 integrated manner and with equivalent ease of use as the student's sighted peers;
68(i) "Nonvisual skills", skills that are taught in such a way that the student does not
69 need to use any vision;
70(j) "State educational agency", the same definition as in 20 U.S.C. Section 1401, as
71 amended;
72(k) "Technology-mediated learning environments and methods", the settings in which
73 electronic and information technology including, but not limited to, the following is used:
74a. Computer-based applications and simulations;
75b. Personal and mobile computing devices such as smartphones or tablets;
76c. Web-based platforms;
77d. Online or distance-learning programs;
78e. Video games; and
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79f. Exhibits or installations that feature digital media, wearable technology, or other
80 tools that support participants' engagement with new knowledge, skills, or practices;
81(l) "U.S. Access Board", the independent federal agency created in 1973 that
82 promotes equality for people with disabilities through leadership in accessible design and the
83 development of accessibility guidelines and standards.
84[6.] 2. (1) Each blind or visually impaired student shall receive instruction in Braille
85 reading and writing as part of such student's individualized education program (IEP) or
86 individualized family support plan (IFSP) unless the IEP or IFSP team determines, after an
87 evaluation of the student's reading and writing skills, needs, and appropriate reading and
88 writing media including, but not limited to, an evaluation of the student's needs for instruction
89 in Braille or the use of Braille, that instruction in Braille or the use of Braille is not
90 appropriate. No blind or visually impaired student shall be denied instruction in Braille
91 reading and writing solely because the student has some vision. During the evaluation and
92 IEP process, consideration shall be given regarding appropriate Braille instruction based on a
93 potential vision loss due to a degenerative medical diagnosis.
94(2) In conjunction with the U.S. Department of Education's Braille presumption
95 requirement in the federal Individuals with Disabilities Education Act (IDEA), as amended,
96 instruction in Braille reading and writing shall be sufficient to enable each blind or visually
97 impaired student to communicate effectively and efficiently at a level commensurate with the
98 student's same age and with the student's nondisabled peers of comparable intellectual ability.
99 The blind or visually impaired student's individualized education program (IEP) or
100 individualized family support plan (IFSP) shall specify:
101(a) The results obtained from an evaluation of the blind or visually impaired student's
102 reading and writing skills, needs, and appropriate reading and writing media including, but
103 not limited to, an evaluation of the blind or visually impaired student's needs for instruction in
104 Braille or the use of Braille including, but not limited to, consideration regarding appropriate
105 Braille instruction based on a potential vision loss due to a degenerative medical diagnosis;
106(b) How Braille will be implemented, if needed as determined by the IEP team, as a
107 primary mode for learning through integration with other classroom activities;
108(c) The length of the period of instruction and the frequency and duration of each
109 instructional session as determined by the IEP team, which shall, as closely as appropriate
110 based on individual needs, be identical to the level of instruction provided to nondisabled
111 peers; and
112(d) The level of competency in Braille reading and writing to be achieved by the end
113 of the period.
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114(3) Use, and provision, of Braille materials for reading and writing shall be addressed
115 in 504 plans for blind or visually impaired students created under Section 504 of the federal
116 Rehabilitation Act of 1973, 29 U.S.C. Section 794, as amended.
117[7.] 3. In conjunction with academic achievement and functional performance
118 requirements of 34 CFR 300.320(a)(2)(i), as amended, instruction in expanded core
119 curriculum shall be provided to blind or visually impaired students to support progress in the
120 general education curriculum.
121[8.] 4. (1) Each blind or visually impaired student shall receive instruction in
122 assistive technology as part of the student's individualized education program (IEP) or
123 individualized family support plan (IFSP) unless the IEP or IFSP team determines, after an
124 evaluation of a student's needs, that instruction in assistive technology is not appropriate. No
125 student shall be denied instruction in assistive technology solely because the student has some
126 vision.
127(2) In conjunction with accessible assistive technology requirements of the federal
128 Individuals with Disabilities Education Act (IDEA) in 20 U.S.C. Section 1412(a)(12)(B)(i),
129 as amended, the blind or visually impaired student shall receive grade-level instruction that
130 will equip the blind or visually impaired student with the appropriate technology-mediated
131 learning environments and methods to perform on the same level of proficiency expected of
132 peers of comparable intellectual ability and grade level. The blind or visually impaired
133 student's IEP or IFSP shall specify:
134(a) The results obtained from an assessment of the blind or visually impaired student's
135 skills, needs, and appropriate accessible assistive technology including, but not limited to, an
136 evaluation of the future needs for accessible assistive technology training or the use of
137 accessible assistive technology;
138(b) How accessible assistive technology will be implemented as a primary mode for
139 learning through integration with other classroom activities;
140(c) The frequency and duration of each instructional session;
141(d) The level of mastery of the accessible assistive technology specified by the blind
142 or visually impaired student's assessment to be achieved by the end of the period; and
143(e) Acknowledgment that either:
144a. The blind or visually impaired student may transport the accessible assistive
145 technology to and from school without the need for payment, family assumption of liability
146 for loss or damage, or any other cost to the blind or visually impaired student or the family; or
147b. If the accessible assistive technology remains at school, the LEA will provide
148 duplicate accessible assistive technology in the blind or visually impaired student's home
149 without requiring payment, family assumption of liability for loss or damage, or any other
150 cost to the blind or visually impaired student or the family.
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151(3) Use, and provision, of accessible assistive technology shall be addressed in 504
152 plans for blind or visually impaired students created under Section 504 of the federal
153 Rehabilitation Act of 1973, 29 U.S.C. Section 794, as amended.
154[9.] 5. (1) Each blind or visually impaired student shall receive instruction in
155 orientation and mobility as part of the student's individualized education program (IEP) or
156 individualized family support plan (IFSP) unless the IEP or IFSP team determines, after an
157 evaluation of a student's needs, that instruction in orientation and mobility is not appropriate.
158 No student shall be denied instruction in orientation and mobility solely because the student
159 has some vision.
160(2) In conjunction with orientation and mobility services requirements of 34 CFR
161 300.34(c)(7), as amended, blind or visually impaired students shall receive orientation and
162 mobility instruction to equip each blind or visually impaired student with the age-appropriate
163 tools, techniques, and nonvisual skills to navigate in and around the student's home, schools,
164 communities, and other environments as applicable, and as expected of peers of comparable
165 intellectual ability and grade level. The blind or visually impaired student's IEP or IFSP shall
166 specify:
167(a) The results obtained from an evaluation of the blind or visually impaired student's
168 orientation and mobility needs including, but not limited to, an evaluation of the blind or
169 visually impaired student's future needs for instruction in orientation and mobility;
170(b) How orientation and mobility will be integrated into the home, school, and
171 community;
172(c) The date on which orientation and mobility instruction will commence;
173(d) The frequency and duration of each instructional session; and
174(e) The level of mastery of orientation and mobility skills to be achieved by the end of
175 the period.
176(3) Orientation and mobility equipment, accommodations, and modifications shall be
177 addressed in 504 plans for blind or visually impaired students created under Section 504 of
178 the federal Rehabilitation Act of 1973, 29 U.S.C. Section 794, as amended.
179(4) An orientation and mobility evaluation shall be conducted by a person who is
180 appropriately certified by the National Blindness Professional Certification Board (NBPCB)
181 with a National Orientation and Mobility Certification (NOMC), or through the Academy for
182 Certification of Vision Rehabilitation and Education Professionals (ACVREP) as a Certified
183 Orientation and Mobility Specialist (COMS), or who holds a nationally recognized
184 certification related to orientation and mobility.
185(5) The orientation and mobility evaluations described in subdivision (4) of this
186 subsection shall occur in familiar and unfamiliar environments, during the daytime and
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187 nighttime, and around the home, school, and community as determined age appropriate by the
188 blind or visually impaired student's IEP or IFSP.
189[10.] 6. (1) As part of the state educational agency's certification and renewal
190 process, educators hired to teach Braille shall be certified teachers of students with visual
191 impairments, hold a current and valid National Certification in Unified English Braille
192 (NCUEB) working under the supervision of a reading specialist, or hold a nationally
193 recognized certification related to Braille instruction.
194(2) As part of the state educational agency's certification and renewal process,
195 educators hired to teach accessible assistive technology shall be certified teachers of students
196 with visual impairments, hold a valid and current Certified Assistive Technology Instructional
197 Specialist for People with Visual Impairments (CATIS), or hold a valid and current National
198 Certification in Access Technology for the Blind (NCATB) or other nationally recognized
199 certification related to assistive technology instruction for individuals with visual
200 impairments.
201(3) As part of the state educational agency's certification and renewal process,
202 specialists hired to teach orientation and mobility shall hold a valid and current National
203 Orientation and Mobility Certification (NOMC) or hold a current and valid Certified
204 Orientation and Mobility Specialist (COMS) certification or other nationally recognized
205 certification related to orientation and mobility instruction for individuals with visual
206 impairments.
207[11.] 7. (1) LEAs shall deliver services to blind or visually impaired students in a
208 manner that at all times abides by requirements of the federal Individuals with Disabilities
209 Education Act (IDEA), Title II of the Americans with Disabilities Act, and the Rehabilitation
210 Act of 1973, as amended, including during declared local, state, or national emergencies.
211(2) LEAs shall seek and obtain proof of currently available certified professionals
212 from any company, agency, or individual the LEA intends to contract with for services
213 outlined in subsections [5 to 9] 1 to 5 of this section.
214(3) LEAs shall not impose any preclusions or limitations on a student to receive
215 instruction in orientation and mobility services in and around the home, school, or community
216 setting including during daytime and nighttime hours.
217(4) LEAs may require annual written parental consent to conduct effective instruction
218 when such services are provided before or after regular school hours or when such services
219 are provided away from the educational institution or the blind or visually impaired student's
220 residence.
221(5) If an LEA prohibits an orientation and mobility instructor from using the
222 instructor's preferred mode of transportation to transport blind or visually impaired students to
223 and from outside environments, the LEA shall provide an equally effective transportation
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224 alternative for that purpose without cost to the orientation and mobility instructor. If the blind
225 or visually impaired student's family provides transportation for the student, the LEA shall
226 reimburse the expense.
227[12.] 8. (1) If an LEA requires an eye report, the LEA shall bear all costs associated
228 with obtaining such report. LEAs shall not delay an evaluation for eligibility based on the
229 absence or delay of such report.
230(2) All electronic and information technology developed, procured, maintained, or
231 used by LEAs shall be compliant with the U.S. Access Board's Section 508 standards, as
232 amended.
233(3) LEAs shall anticipate the need for nonvisual accessibility and adopt policies and
234 procedures to reduce or eliminate common barriers experienced by blind or visually impaired
235 students, parents, educators, administrators, and other staff.
236[13. Subsections 1 to 4 of this section shall apply in all school years ending before
237 July 1, 2022. Subsections 5 to 12 of]
2389. This section shall apply in school year 2022-23 and all subsequent school years.
  167.950. 1. (1) By December 31, 2017, the department of elementary and secondary
2 education shall develop guidelines for the appropriate screening of students for dyslexia and
3 related disorders and the necessary classroom support for students with dyslexia and related
4 disorders. [Such guidelines shall be consistent with the findings and recommendations of the
5 task force created under section 633.420.]
6(2) In the 2018-19 school year and subsequent years, each public school, including
7 each charter school, shall conduct dyslexia screenings for students in the appropriate year
8 consistent with the guidelines developed by the department of elementary and secondary
9 education.
10(3) In the 2018-19 school year and subsequent years, the school board of each district
11 and the governing board of each charter school shall provide reasonable classroom support
12 consistent with the guidelines developed by the department of elementary and secondary
13 education.
142. In the 2018-19 school year and subsequent years, the practicing teacher assistance
15 programs established under section 168.400 shall offer and include two hours of in-service
16 training provided by each local school district for all practicing teachers in such district
17 regarding dyslexia and related disorders. Each charter school shall also offer all of its
18 teachers two hours of training on dyslexia and related disorders. Districts and charter schools
19 may seek assistance from the department of elementary and secondary education in
20 developing and providing such training. Completion of such training shall count as two
21 contact hours of professional development under section 168.021.
223. For purposes of this section, the following terms mean:
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23(1) "Dyslexia", a disorder that is neurological in origin, characterized by difficulties
24 with accurate and fluent word recognition and poor spelling and decoding abilities that
25 typically result from a deficit in the phonological component of language, often unexpected in
26 relation to other cognitive abilities and the provision of effective classroom instruction, and of
27 which secondary consequences may include problems in reading comprehension and reduced
28 reading experience that can impede growth of vocabulary and background knowledge.
29 Nothing in this definition shall require a student with dyslexia to obtain an individualized
30 education program (IEP) unless the student has otherwise met the federal conditions
31 necessary;
32(2) "Dyslexia screening", a short test conducted by a teacher or school counselor to
33 determine whether a student likely has dyslexia or a related disorder in which a positive result
34 does not represent a medical diagnosis but indicates that the student could benefit from
35 approved support;
36(3) "Related disorders", disorders similar to or related to dyslexia, such as
37 developmental auditory imperception, dysphasia, specific developmental dyslexia,
38 developmental dysgraphia, and developmental spelling disability;
39(4) "Support", low-cost and effective best practices, such as oral examinations and
40 extended test-taking periods, used to support students who have dyslexia or any related
41 disorder.
424. The state board of education shall promulgate rules and regulations for each public
43 school to screen students for dyslexia and related disorders and to provide the necessary
44 classroom support for students with dyslexia and related disorders. Any rule or portion of a
45 rule, as that term is defined in section 536.010, that is created under the authority delegated in
46 this section shall become effective only if it complies with and is subject to all of the
47 provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536
48 are nonseverable and if any of the powers vested with the general assembly pursuant to
49 chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are
50 subsequently held unconstitutional, then the grant of rulemaking authority and any rule
51 proposed or adopted after August 28, 2016, shall be invalid and void.
525. Nothing in this section shall require the MO HealthNet program to expand the
53 services that it provides.
  173.240. 1. There is hereby established within the department of higher education
2 and workforce development a "Minority and Underrepresented Environmental Literacy
3 Program". The department of higher education and workforce development, hereafter
4 referred to as the department, may award scholarships to minority and underrepresented
5 students to pursue environmentally related courses of study. The scholarships shall be
6 administered by the department recruitment and retention program [under the supervision of
HCS SS SB 889  35
7 the minority environmental literacy advisory committee established under this section].
8 Those ethnic groups which are most severely underrepresented, as determined by data
9 gathered and maintained by the National Academy of Sciences, shall receive priority in
10 annual selection.
112. For the purpose of increasing the number of minority and underrepresented
12 students, as determined by the National Academy of Sciences, who are enrolled in
13 environmentally related courses of study, there is hereby created a "Recruitment and
14 Retention Scholarship Fund". Any unexpended balance in the recruitment and retention
15 scholarship fund shall not be subject to biennial transfer under the provisions of section
16 33.080. All interest earned on funds in the recruitment and retention scholarship fund shall
17 accrue to the fund.
183. The general assembly may appropriate funds to the department for the purpose of
19 funding scholarships as authorized by this section. Such funds shall be from general revenue,
20 special fees administered by the department, federal funding sources, gifts, or donations,
21 provided that such funds may be used for this purpose. All sums received for this purpose
22 shall be placed in the state treasury and credited to the recruitment and retention scholarship
23 fund.
244. The department shall accept, receive and administer grants or other funds, gifts, or
25 donations from the public and individuals, including the federal government, for the purpose
26 of funding scholarships under this section. Such funds shall be deposited in the recruitment
27 and retention scholarship fund.
285. The department shall promulgate rules to administer the scholarship program,
29 which shall include qualifications, application forms, annual filing deadlines, and scholarship
30 amounts. Any rule or portion of a rule, as that term is defined in section 536.010, that is
31 created under the authority delegated in this section shall become effective only if it complies
32 with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.
33 This section and chapter 536 are nonseverable and if any of the powers vested with the
34 general assembly pursuant to chapter 536 to review, to delay the effective date, or to
35 disapprove and annul a rule are subsequently held unconstitutional, then the grant of
36 rulemaking authority and any rule proposed or adopted after August 28, 2010, shall be invalid
37 and void.
386. The scholarship program shall be directed toward students in the following areas of
39 study:
40(1) Engineering students pursuing an environmental course of study through
41 undergraduate and graduate degrees in civil, chemical, mechanical, environmental, or
42 biological engineering;
HCS SS SB 889  36
43(2) Environmental sciences students pursuing undergraduate and graduate degrees in
44 geology, biology, wildlife management, planning, natural resources, or a closely related
45 course of study;
46(3) Chemistry students pursuing undergraduate and graduate degrees in the field of
47 environmental chemistry; and
48(4) Law enforcement students pursuing undergraduate and graduate degrees in
49 environmental law enforcement.
50[7. There is hereby created a "Minority Environmental Literacy Advisory
51 Committee", hereafter referred to as the committee, to be comprised of:
52(1) The commissioner of higher education or the commissioner's designee, who will
53 serve as chairperson of the committee;
54(2) Three representatives of universities and colleges. The universities and colleges
55 shall be selected by the department, with the approval of the director of the department of
56 natural resources. The university and college representatives shall each be appointed by the
57 affirmative action office of the respective institution;
58(3) The director of the department of natural resources or the director's designee;
59(4) Five at-large members appointed by the governor, with the advice and consent of
60 the senate, who shall be high school teachers and college professors and who shall be selected
61 to represent the various regions of the state;
62(5) The state affirmative action officer.
638. The committee shall meet at least annually, at a time and place to be determined by
64 the chairperson, to select students to receive scholarships from applications filed with the
65 department retention and recruitment program. The members appointed by the governor shall
66 be reimbursed for their actual and necessary expenses.
679. Colleges and universities described in this section shall include public community
68 colleges.]
  173.2510. 1. This section shall be known and may be cited as the "15 to Finish Act".
22. The coordinating board for higher education, in cooperation with public
3 institutions of higher education in this state, shall develop policies that promote the on-time
4 completion of degree programs by students. The policies shall include, but not be limited to:
5(1) Defining on-time completion for specific levels of postsecondary credentials;
6(2) Providing financial incentives to students during their senior year of
7 undergraduate study who are on pace to graduate in no more than eight semesters; and
8(3) Reducing, when feasible and permitted by accreditation or occupational licensure,
9 the number of credit hours required to earn a degree[.
HCS SS SB 889  37
103. By December 1, 2017, the department of higher education and workforce
11 development shall provide a report to the governor and the general assembly describing the
12 actions taken to implement these provisions].
  [620.484.] 173.2565. The provisions of the Wagner-Peyser Act (29 U.S.C.A. Sec. 49
 2 et seq.), as amended, are hereby accepted by this state and the [division] office of workforce
 3 development of the department of [economic] higher education and workforce
 4 development is hereby designated and constituted the agency of this state for the purposes
 5 of said act. The [division] office shall establish and maintain free public employment offices
 6 in such number and in such places as may be necessary for the proper administration of this
 7 chapter and for the purposes of performing such functions as are within the purview of the
 8 Wagner-Peyser Act.
  [620.490.] 173.2566. The department of [economic] higher education and
 2 workforce development shall promulgate rules providing for the coordination of state and
 3 federal job training resources administered by the department of [economic] higher
 4 education and workforce development, including the local workforce investment areas
 5 established in the state to administer federal funds pursuant to the federal Workforce
 6 [Investment] Innovation and Opportunity Act (WIOA), Pub. L. 113-128, as amended, or
 7 its successor, for the provision of assistance to businesses in this state relating to the creation
 8 of new jobs in the state. The department shall include in these rules the methods to be
 9 followed by any business engaged in the creation of new jobs in state to ensure that
10 economically disadvantaged citizens receive opportunities for employment in the new jobs
11 created. No rule or portion of a rule promulgated pursuant to the authority of this section
12 shall become effective unless it has been promulgated pursuant to the provisions of section
13 536.024.
  [620.511.] 173.2570. 1. There is hereby established the "Missouri Workforce
 2 Development Board", formerly known as the Missouri workforce investment board, and
 3 hereinafter referred to as "the board" in sections [620.511 to 620.513] 173.2570 to 173.2572.
42. The purpose of the board is to provide workforce investment activities, through
 5 statewide and local workforce investment systems, that increase the employment, retention,
 6 and earnings of participants, and increase occupational skill attainment by participants, and,
 7 as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the
 8 productivity and competitiveness of the state of Missouri. The board shall be the state's
 9 advisory board pertaining to workforce preparation policy.
103. The board shall meet the requirements of the federal Workforce Innovation and
11 Opportunity Act, hereinafter referred to as the "WIOA", P.L. 113-128, as amended. Should
12 another federal law supplant the WIOA, all references in sections [620.511 to 620.513]
13 173.2570 to 173.2572 to the WIOA shall apply as well to the new federal law.
HCS SS SB 889  38
144. Composition of the board shall comply with the WIOA. Board members appointed
15 by the governor shall be subject to the advice and consent of the senate. Consistent with the
16 requirements of the WIOA, the governor shall designate one member of the board to be its
17 chairperson.
185. Each member of the board shall serve for a term of four years, subject to the
19 pleasure of the governor, and until a successor is duly appointed. In the event of a vacancy on
20 the board, the vacancy shall be filled in the same manner as the original appointment and said
21 replacement shall serve the remainder of the original appointee's unexpired term.
226. Of the members initially appointed to the WIOA, formerly known as the WIA,
23 board, one-fourth shall be appointed for a term of four years, one-fourth shall be appointed for
24 a term of three years, one-fourth shall be appointed for a term of two years, and one-fourth
25 shall be appointed for a term of one year.
267. WIOA board members shall receive no compensation, but shall be reimbursed for
27 all necessary expenses actually incurred in the performance of their duties.
288. The department may include on its website a list of the names of the members of
29 the board, including the names of members of local workforce development boards, along
30 with information on how to contact such boards.
  [620.512.] 173.2571. 1. The board shall establish bylaws governing its organization,
2 operation, and procedure consistent with sections [620.511 to 620.513] 173.2570 to
3 173.2572, and consistent with the WIOA.
42. The board shall meet at least four times each year at the call of the chairperson.
53. In order to assure objective management and oversight, the board shall not operate
6 programs or provide services directly to eligible participants, but shall exist solely to plan,
7 coordinate, and monitor the provisions of such programs and services. A member of the
8 board may not vote on a matter under consideration by the board that regards the provision of
9 services by the member or by an entity that the member represents or would provide direct
10 financial benefit to the member or the immediate family of the member. A member of the
11 board may not engage in any other activity determined by the governor to constitute a conflict
12 of interest.
134. The composition and the roles and responsibilities of the board membership may
14 be amended to comply with any succeeding federal or state legislative or regulatory
15 requirements governing workforce investment activities, except that the procedure for such
16 change shall be outlined in state rules and regulations and adopted in the bylaws of the board.
175. The department of [economic] higher education and workforce development,
18 office of workforce development, shall provide professional, technical, and clerical staff for
19 the board.
HCS SS SB 889  39
206. The board may promulgate any rules and regulations necessary to administer the
21 provisions of sections [620.511 to 620.513] 173.2570 to 173.2572. Any rule or portion of a
22 rule, as that term is defined in section 536.010, that is created under the authority delegated in
23 this section shall become effective only if it complies with and is subject to all of the
24 provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536
25 are nonseverable and if any of the powers vested with the general assembly pursuant to
26 chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are
27 subsequently held unconstitutional, then the grant of rulemaking authority and any rule
28 proposed or adopted after August 28, 2007, shall be invalid and void.
  [620.513.] 173.2572. 1. The board shall assist the governor with the functions
2 described in Section 101(d) of the WIOA, 29 U.S.C. Section [311d] 3111(d), and any
3 regulations issued pursuant to the WIOA.
42. The board shall submit an annual report of its activities to the governor, the speaker
5 of the house of representatives, and the president pro tem of the senate no later than January
6 thirty-first of each year.
73. Nothing in sections [620.511 to 620.513] 173.2570 to 173.2572 shall be construed
8 to require or allow the board to assume or supersede the statutory authority granted to, or
9 impose any duties or requirements on, the state coordinating board for higher education, the
10 governing boards of the state's public colleges and universities, the state board of education,
11 or any local educational agencies.
  178.550. 1. This section shall be known and may be cited as the "Career and
2 Technical Education Student Protection Act". There is hereby established the "Career and
3 Technical Education Advisory Council" within the department of elementary and secondary
4 education.
52. The advisory council shall be composed of sixteen members who shall be Missouri
6 residents. The director of the department of economic development, or his or her designee,
7 shall be a member. The commissioner of education shall appoint the following members:
8(1) A director or administrator of a career and technical education center;
9(2) An individual from the business community with a background in commerce;
10(3) A representative from State Technical College of Missouri;
11(4) Three current or retired career and technical education teachers who also serve or
12 served as an advisor to any of the nationally recognized career and technical education
13 student organizations of:
14(a) DECA;
15(b) Future Business Leaders of America (FBLA);
16(c) FFA;
17(d) Family, Career and Community Leaders of America (FCCLA);
HCS SS SB 889  40
18(e) Health Occupations Students of America (HOSA);
19(f) SkillsUSA; or
20(g) Technology Student Association (TSA);
21(5) A representative from a business organization, association of businesses, or a
22 business coalition;
23(6) A representative from a Missouri community college;
24(7) A representative from Southeast Missouri State University or the University of
25 Central Missouri;
26(8) An individual participating in an apprenticeship recognized by the department of
27 labor and industrial relations or approved by the United States Department of Labor's Office
28 of Apprenticeship;
29(9) A school administrator or school superintendent of a school that offers career and
30 technical education.
313. Members appointed by the commissioner of education shall serve a term of five
32 years except for the initial appointments, which shall be for the following lengths:
33(1) One member shall be appointed for a term of one year;
34(2) Two members shall be appointed for a term of two years;
35(3) Two members shall be appointed for a term of three years;
36(4) Three members shall be appointed for a term of four years;
37(5) Three members shall be appointed for a term of five years.
384. Four members shall be from the general assembly. The president pro tempore of
39 the senate shall appoint two members of the senate of whom not more than one shall be of the
40 same party. The speaker of the house of representatives shall appoint two members of the
41 house of representatives of whom not more than one shall be of the same party. The
42 legislative members shall serve on the advisory council until such time as they resign, are no
43 longer members of the general assembly, or are replaced by new appointments.
445. The advisory council shall have three nonvoting ex officio members:
45(1) A director of guidance and counseling services at the department of elementary
46 and secondary education, or a similar position if such position ceases to exist;
47(2) The director of the [division] office of workforce development; and
48(3) A member of the coordinating board for higher education, as selected by the
49 coordinating board.
506. The assistant commissioner for the office of college and career readiness of the
51 department of elementary and secondary education shall provide staff assistance to the
52 advisory council.
537. The advisory council shall meet at least four times annually. The advisory council
54 may make all rules it deems necessary to enable it to conduct its meetings, elect its officers,
HCS SS SB 889  41
55 and set the terms and duties of its officers. The advisory council shall elect from among its
56 members a chairperson, vice chairperson, a secretary-reporter, and such other officers as it
57 deems necessary. Members of the advisory council shall serve without compensation but may
58 be reimbursed for actual expenses necessary to the performance of their official duties for the
59 advisory council.
608. Any business to come before the advisory council shall be available on the
61 advisory council's internet website at least seven business days prior to the start of each
62 meeting. All records of any decisions, votes, exhibits, or outcomes shall be available on the
63 advisory council's internet website within forty-eight hours following the conclusion of every
64 meeting. Any materials prepared for the members shall be delivered to the members at least
65 five days before the meeting, and to the extent such materials are public records as defined in
66 section 610.010 and are not permitted to be closed under section 610.021, shall be made
67 available on the advisory council's internet website at least five business days in advance of
68 the meeting.
699. The advisory council shall make an annual written report to the state board of
70 education and the commissioner of education regarding the development, implementation,
71 and administration of the state budget for career and technical education.
7210. The advisory council shall annually submit written recommendations to the state
73 board of education and the commissioner of education regarding the oversight and procedures
74 for the handling of funds for student career and technical education organizations.
7511. The advisory council shall:
76(1) Develop a comprehensive statewide short- and long-range strategic plan for career
77 and technical education;
78(2) Identify service gaps and provide advice on methods to close such gaps as they
79 relate to youth and adult employees, workforce development, and employers on training
80 needs;
81(3) Confer with public and private entities for the purpose of promoting and
82 improving career and technical education;
83(4) Identify legislative recommendations to improve career and technical education;
84(5) Promote coordination of existing career and technical education programs;
85(6) Adopt, alter, or repeal by its own bylaws, rules and regulations governing the
86 manner in which its business may be transacted.
8712. For purposes of this section, the department of elementary and secondary
88 education shall provide such documentation and information as to allow the advisory council
89 to be effective.
9013. For purposes of this section, "advisory council" shall mean the career and
91 technical education advisory council.
HCS SS SB 889  42
  178.585. 1. Under rules and regulations of the state board of education, the
2 commissioner of education, in cooperation with the [director of the division] office of
3 workforce development of the department of [economic] higher education and workforce
4 development, shall establish procedures to provide grants to public high schools, vocational-
5 technical schools, State Technical College of Missouri, and community colleges solely for the
6 purpose of new programs, curriculum enhancement, equipment and facilities so as to upgrade
7 vocational and technical education in the state.
82. Each vocational-technical school, community college, State Technical College of
9 Missouri, and school district of any public high school receiving a grant authorized by this
10 section shall have an advisory committee composed of local business persons, labor leaders,
11 parents, senior citizens, community leaders and teachers to establish a plan to ensure that
12 students who graduate from the vocational-technical school, community college, State
13 Technical College of Missouri, or public high school proceed to a four-year college or high-
14 wage job with workplace-skill development opportunities.
153. The [director of the] department of [economic] higher education and workforce
16 development shall provide annually to the commissioner of education a listing of demand
17 occupations in the state including substate projections. The listing shall include those
18 occupations for which, in the judgment of the [director of the] department of [economic]
19 higher education and workforce development, there is a critical shortage to meet present or
20 future employment needs necessary to the economic growth and competitiveness of the state.
214. In any fiscal year, at least seventy-five percent of all moneys for the grant awards
22 authorized by this section shall be to public high schools, vocational-technical schools, State
23 Technical College of Missouri, or community colleges for new programs, curriculum
24 enhancement or equipment necessary to address demand occupations identified pursuant to
25 subsection 3 of this section.
  178.697. 1. Funding for sections 178.691 to 178.699 shall be made available
2 pursuant to section 163.031 and shall be subject to appropriations made for this purpose.
32. Costs of contractual arrangements shall be the obligation of the school district of
4 residence of each preschool child. Costs of contractual arrangements shall not exceed an
5 amount equal to an amount reimbursable to the school districts under the provisions of
6 sections 178.691 to 178.699.
73. Payments for participants for programs outlined in section 178.693 shall be
8 uniform for all districts or public agencies.
9[4. Families with children under the age of kindergarten entry shall be eligible to
10 receive annual development screenings and parents shall be eligible to receive prenatal visits
11 under sections 178.691 to 178.699. Priority for service delivery of approved parent education
12 programs under sections 178.691 to 178.699, which includes, but is not limited to, home
HCS SS SB 889  43
13 visits, group meetings, screenings, and service referrals, shall be given to high-needs families
14 in accordance with criteria set forth by the department of elementary and secondary
15 education. Local school districts may establish cost sharing strategies to supplement funding
16 for such program services. The provisions of this subsection shall expire on December 31,
17 2015, unless reauthorized by an act of the general assembly.]
  184.350. 1. Whenever qualified voters representing five percent of the votes cast at
2 the last preceding election for governor in any constitutional charter city not located within a
3 county and qualified voters representing five percent of the votes cast at the last preceding
4 election for governor in a constitutional charter county adjoining such city shall file verified
5 petitions for the establishment of a metropolitan zoological park and museum district,
6 comprising a zoological subdistrict, and art museum subdistrict or a St. Louis Science Center
7 subdistrict with the respective election officials of such city and county, respectively,
8 requesting such election officials to submit a proposition for the establishment of a
9 metropolitan zoological park and museum district comprised of a zoological subdistrict, and
10 art museum subdistrict and a St. Louis Science Center subdistrict at the next general or
11 primary election for the election of state officers or special election for the submission of such
12 proposition, such election officials shall communicate to their corresponding counterparts and
13 the chief executive officers of the respective city and county the fact a verified petition has
14 been filed. At such time that both election officials have received the verified petitions
15 described above, then such officials shall submit the above described proposition or
16 propositions to the qualified voters of such city and county at the next general or primary
17 election for the election of state officers or special election. Such election officials shall give
18 legal notice at least sixty days prior to such general or primary election or special election in
19 at least two newspapers that such proposition or propositions shall be submitted at the next
20 general or primary election or special election held for submission of this proposition.
212. Such proposition shall be submitted to the voters in substantially the following
22 form at such election:
23Shall there be established a Metropolitan Zoological Park and Museum District
24comprising the City of ______ and the County of ______ which district shall consist of
25all or any one of the following subdistricts:
26a. Zoological Subdistrict with a tax rate not in excess of four cents on each $100 of
27assessed valuation of all taxable property within the district.
28FOR  AGAINST
29b. Art Museum Subdistrict with a tax rate not in excess of four cents on each $100 of
30assessed valuation of taxable property within the district.
31FOR  AGAINST
HCS SS SB 889  44
32c. St. Louis Science Center Subdistrict with a tax rate not in excess of one cent on each
33$100 of assessed valuation of taxable property within the district.
34FOR  AGAINST
353. In the event that a majority of the voters voting on such propositions in such city
36 and the majority of voters voting on such propositions in such county at said election cast
37 votes "FOR" one or more of the propositions, then the district shall be deemed established
38 and the tax rate, as established by the board, for such subdistrict shall be deemed in full force
39 and effect as of the first day of the year following the year of said election. The results of the
40 aforesaid election shall be certified by the election officials of such city and county,
41 respectively, to the respective chief executive officers of such city and county not less than
42 thirty days after the day of election. In the event one or more of the propositions shall fail to
43 receive a majority of the votes "FOR" in either the city or the county, then such proposition
44 shall not be resubmitted at any election held within one year of the date of the election the
45 proposition was rejected. Any such resubmissions of one or more of such propositions shall
46 substantially comply with the provisions of sections 184.350 to [184.384] 184.382.
474. All costs of the election shall be paid as provided by sections 115.063 and 115.065.
  184.351. 1. The board of directors of any metropolitan zoological park and museum
2 district, as established pursuant to the provisions of sections 184.350 to [184.384] 184.382, on
3 behalf of the district may request the election officials of any city and county containing all or
4 part of such district to submit a proposition to increase the maximum tax rate for the St. Louis
5 Science Center subdistrict set in section 184.350, to the qualified voters of such district at any
6 general or primary or special election. Such election officials shall give legal notice as
7 provided in chapter 115.
82. Such proposition shall be submitted to the voters in substantially the following
9 form at such election:
10Shall the Zoological Park and Museum District of the City of ______ and County of ___
11___ be authorized to increase the St. Louis Science Center Subdistrict to a tax rate not in
12excess of six cents on each $100 of assessed valuation of taxable property within the
13district for the purpose of operating, maintaining and otherwise financially supporting
14the subdistrict? The tax rate shall be set annually by the board based on the budget
15submitted by the St. Louis Science Center and approved by the board. This rate shall
16replace the present tax rate of ______ cent for the St. Louis Science Center Subdistrict.
17YES  NO
183. In the event that a majority of the voters voting on such proposition in such city and
19 the majority of voters voting on such proposition in such county at such election cast votes
20 "YES" for the proposition, then the tax rate for such subdistrict shall be deemed in full force
HCS SS SB 889  45
21 and effect as of the first day of the second month following the election. The results of the
22 aforesaid election shall be certified by the election officials of such city and county,
23 respectively, to the respective chief executive officers of such city and county not less than
24 thirty days after the day on which such election was held. All costs of the election shall be
25 paid as provided by sections 115.063 and 115.065. In the event the proposition shall fail to
26 receive a majority of the votes "YES" in either the city or the county, then such proposition
27 shall not be resubmitted at any election held within one year of the date of the election at
28 which such proposition was rejected.
  184.352. The following terms whenever used or referred to in sections 184.350 to
2 [184.384] 184.382 shall unless a different intent clearly appears from the context be construed
3 to have the following meaning:
4(1) "African-American history museum and cultural subdistrict" shall consist of a
5 political subdistrict which shall provide for the collection, preservation, and exhibition of
6 items relating to the history and culture of African-Americans, more specifically for
7 interpretation through core exhibits that may include wax sculptures, photographs, paintings,
8 and other artistic expressions; and further for the collection of costumes, archaeological
9 anthropological material, artifacts, and memorabilia; and for the maintenance of archives,
10 including manuscripts, personal records, and other material that relates to the African-
11 American experience to American history; and to provide for the preservation of American
12 music traditions, including ragtime, jazz, blues, and gospel; and to provide technical
13 assistance and advisory service for historic research or which may contract with another
14 person with the capability of providing such services;
15(2) "Art museum subdistrict" shall consist of such institutions and places for the
16 purpose of collection and exhibition of pictures, statuary and other works of art and whatever
17 else may be of artistic interest and appropriate for exhibition in an art gallery or museum for
18 instruction in art and in general for the promotion by all proper means of aesthetic or artistic
19 education;
20(3) "Board", the governing body of the metropolitan zoological park and museum
21 district;
22(4) "Botanical garden subdistrict" shall consist of a political subdistrict which shall
23 provide for the collection and exhibition of displays of things relating to plants or botany, for
24 the promotion of plant life and related subjects, educational and research activities, for the
25 maintenance of a botanical library, and for the promotion by all proper means of public
26 interest in plant life and botany; or which may contract with another person with the
27 capability of providing such services;
28(5) "City", a constitutional charter city not located within a county;
HCS SS SB 889  46
29(6) "Commission", the governing body of each of the respective subdistricts as may
30 be authorized as provided in section 184.350, 184.351, or 184.353;
31(7) "County", a constitutional charter county adjoining a constitutional charter city;
32(8) "District", the metropolitan zoological park and museum district;
33(9) "Missouri history museum subdistrict" shall consist of a political subdistrict
34 which shall provide for the collection, preservation, and exhibition of items relating to the
35 history of the entire state of Missouri and of the Louisiana Purchase Territory, and more
36 specifically for the collection and display of photographs, paintings, costumes, archaeological
37 and anthropological material, artifacts and memorabilia pertaining to the political,
38 commercial and cultural history of the region, including extensive artifacts, memorabilia,
39 historical documents concerning the first solo transatlantic flight, for the promotion of
40 archaeological and historical studies, for the maintenance of a history library and archives,
41 including manuscripts documenting the first United States-sponsored exploratory expedition
42 of the Louisiana Purchase Territory as well as papers of the president who authorized the
43 Louisiana Purchase, and for the promotion by all proper means of public interest in the
44 history of Missouri and the region in which it is located, and, as otherwise provided by law
45 and in cooperation with the department of natural resources of the state of Missouri, to
46 provide technical assistance and advisory services for the collection, preservation, and
47 exhibition of recordings, instruments, and memorabilia of ragtime, jazz and blues music
48 including ragtime pianos and ragtime piano sheet music to be housed and maintained at the
49 Scott Joplin house state historic site; or which may contract with another person having all of
50 the historical materials listed herein as well as the capability of providing all of the services
51 listed herein;
52(10) "Recreation and amateur sports subdistrict" shall consist of a political subdistrict
53 which shall provide for and assist in the planning, development, financing, maintenance,
54 improvement and construction of facilities and venues to be publicly owned and operated by
55 political subdivisions, public school districts, universities and colleges, or not-for-profit
56 corporations chartered to attract, promote and manage major national and international
57 amateur sports events, competitions and programs for the use of the general public. Such
58 subdistrict shall structure its procedures for procuring supplies, services and construction to
59 achieve the result that a minimum of twenty percent in the aggregate of the total dollar value
60 of annual procurements is made directly or indirectly from certified socially and
61 economically disadvantaged small business concerns;
62(11) "St. Louis Science Center subdistrict" shall consist of such institutions and
63 places for the purpose of collection and exhibition of displays of items of natural historical,
64 industrial, transport and scientific interest, the instruction and recreation of the people, for the
65 promotion of the study of science, industrial, transport and natural history and kindred
HCS SS SB 889  47
66 subjects and for the promotion by all proper means of public interest in natural history,
67 transport, industry and science;
68(12) "Special election", an election held on the first Tuesday of April or whenever
69 propositions are submitted to the voters of the whole district;
70(13) "Symphony orchestra subdistrict" shall consist of a political subdistrict which
71 shall provide for regular performances of a symphony orchestra with not less than ninety full-
72 time symphonic musicians, own its own concert hall in which a substantial number of its
73 concerts shall be held, and provide for the promotion by all proper means of public interest in
74 music; or which may contract with another person with the capability of providing such
75 services and which owns it own concert hall;
76(14) "Transport museum subdistrict" shall consist of a political subdistrict which shall
77 provide for institutions and places for the edification of the public in the history and science
78 of transportation, communications and powering, and more specifically for the preservation
79 and display of artifacts related to man's efforts to transport materials, people, and ideas and to
80 create, transmit, and utilize power, and for the provision of a library of publications and other
81 records containing history and technology related to transportation, communications and
82 powering, and facilities for the study of such efforts; or which may contract with another
83 person with the capability of providing such services;
84(15) "Zoological subdistrict" shall consist of such institutions and places for the
85 collection and exhibition of animals and animal life, for the instruction and recreation of the
86 people, for the promotion of zoology and kindred subjects, for the encouragement of
87 zoological study and research and for the increase of public interest in wild animals and in the
88 protection of wild animal life.
  184.353. 1. (1) The board of directors of any metropolitan zoological park and
2 museum district, as established according to the provisions of sections 184.350 to [184.384]
3 184.382, on behalf of the district may request the election officials of any city and county
4 containing all or part of such district to submit the following described proposition to the
5 qualified voters of such district at any general, primary or special election. Such election
6 officials shall give legal notice at least sixty days prior to such general, primary or special
7 election in at least two newspapers that such proposition shall be submitted at any general,
8 primary or special election held for submission of the proposition.
9(2) Such proposition shall be submitted to the voters in substantially the following
10 form at such election:
11Shall the Metropolitan Zoological Park and Museum District of the City of
12______ and County of ______ be authorized to provide for a Botanical
13Garden Subdistrict and be authorized to provide the Botanical Garden
HCS SS SB 889  48
14Subdistrict with a tax rate not in excess of four cents on each $100 of
15assessed valuation of taxable property within the district?
16YES  NO
17(3) In the event that a majority of all the voters voting on such proposition in such city
18 and a majority of voters voting on such proposition in such county cast "YES" votes on the
19 proposition, then the botanical garden subdistrict shall be deemed established and the tax rate,
20 as established by the board for such subdistrict, shall be deemed in full force and effect as of
21 the first day of the second month following the election. The results of the election shall be
22 certified by the election officials of such city and county, respectively, to the respective chief
23 executive officers of such city and county not less than thirty days after the day of the
24 election. The cost of the election shall be paid as provided by sections 115.063 and 115.065.
25 In the event the proposition shall fail to receive a majority of the "YES" votes in either the
26 city or the county, then the proposition shall not be resubmitted at any election held prior to
27 the next general or primary election in such city or county in the following year. Any such
28 resubmission shall subsequently comply with the provisions of sections 184.350 to [184.384]
29 184.382.
30(4) If the botanical garden subdistrict shall be established, then its commissioners, or
31 any person with whom its commissioners contract, may establish and charge fees for
32 admission to the premises of the botanical garden subdistrict, or to the premises of any person
33 with whom its commissioners contract, not to exceed one dollar for adults and fifty cents for
34 children under sixteen years of age. Any increase in the fees shall be presented prior to
35 implementation for approval or disapproval to the board of the metropolitan zoological park
36 and museum district of which the botanical garden subdistrict is a member.
372. (1) The board of directors of any metropolitan zoological park and museum
38 district, as established according to the provisions of sections 184.350 to [184.384] 184.382,
39 on behalf of the district may request the election officials of any city and county containing all
40 or part of such district to submit the following described proposition to the qualified voters of
41 such district at any general, primary or special election. Such election officials shall give
42 legal notice at least sixty days prior to such general, primary or special election in at least two
43 newspapers that such proposition shall be submitted at any general, primary or special
44 election held for submission of the proposition.
45(2) Such proposition shall be submitted to the voters in substantially the following
46 form at such election:
47Shall the Metropolitan Zoological Park and Museum District of the City of
48______ and County of ______ be authorized to provide for a Transport
49Museum Subdistrict and be authorized to provide the Transport Museum
HCS SS SB 889  49
50Subdistrict with a tax rate not in excess of four cents on each $100 of
51assessed valuation of taxable property within the district?
52YES  NO
53(3) In the event that a majority of all the voters voting on such proposition in such city
54 and a majority of voters voting on such proposition in such county cast "YES" votes on the
55 proposition, then the transport museum subdistrict shall be deemed established and the tax
56 rate, as established by the board for such subdistrict, shall be deemed in full force and effect
57 as of the first day of the second month following the election. The results of the election shall
58 be certified by the election officials of such city and county, respectively, to the respective
59 chief executive officers of such city and county not less than thirty days after the day of the
60 election. The cost of the election shall be paid as provided by sections 115.063 and 115.065.
61 In the event the proposition shall fail to receive a majority of the "YES" votes in either the
62 city or the county, then the proposition shall not be resubmitted at any election held prior to
63 the next general or primary election in such city or county in the following year. Any such
64 resubmission shall subsequently comply with the provisions of sections 184.350 to [184.384]
65 184.382.
66(4) If the transport museum subdistrict shall be established, then its commissioners, or
67 any person with whom its commissioners contract, may establish and charge fees for
68 admission to the premises of the transport museum subdistrict, or to the premises of any
69 person with whom its commissioners contract, not to exceed one dollar for adults and fifty
70 cents for children under sixteen years of age. Any increase in the fees shall be presented prior
71 to implementation for approval or disapproval to the board of the metropolitan zoological
72 park and museum district of which the transport museum subdistrict is a member.
733. (1) The board of directors of any metropolitan zoological park and museum
74 district, as established according to the provisions of sections 184.350 to [184.384] 184.382,
75 on behalf of the district may request the election officials of any city and county containing all
76 or part of such district to submit the following described proposition to the qualified voters of
77 such district at any general, primary or special election. Such election officials shall give
78 legal notice at least sixty days prior to such general, primary or special election in at least two
79 newspapers that such proposition shall be submitted at any general, primary or special
80 election held for submission of the proposition.
81(2) Such proposition shall be submitted to the voters in substantially the following
82 form at such election:
83Shall the Metropolitan Zoological Park and Museum District of the City of
84______ and the County of ______ be authorized to provide for a Missouri
85History Museum Subdistrict and be authorized to provide the Missouri
 HCS SS SB 889  50
86History Museum Subdistrict with a tax rate not in excess of four cents on
87each $100 of assessed valuation of taxable property within the district?
88YES  NO
89(3) In the event that a majority of all the voters voting on such proposition in such city
90 and a majority of voters voting on such proposition in such county cast "YES" votes on the
91 proposition, then the Missouri history museum subdistrict shall be deemed established and the
92 tax rate, as established by the board for such subdistrict, shall be deemed in full force and
93 effect as of the first day of the second month following the election. The results of the
94 election shall be certified by the election officials of such city and county, respectively, to the
95 respective chief executive officers of such city and county not less than thirty days after the
96 day of the election. The cost of the election shall be paid as provided by sections 115.063 and
97 115.065. In the event the proposition shall fail to receive a majority of the "YES" votes in
98 either the city or the county, then the proposition shall not be resubmitted at any election held
99 prior to the next general or primary or special election in such city or county in the following
100 year. Any such resubmission shall subsequently comply with the provisions of sections
101 184.350 to [184.384] 184.382.
1024. (1) The board of directors of any metropolitan zoological park and museum
103 district, as established according to the provisions of sections 184.350 to 184.354, on behalf
104 of the district may request the election officials of any city and county containing all or part of
105 such district to submit the following described proposition to the qualified voters of such
106 district at any general, primary or special election. Such election officials shall give legal
107 notice at least sixty days prior to such general, primary or special election in at least two
108 newspapers that such proposition shall be submitted at any general, primary or special
109 election held for submission of the proposition.
110(2) Such proposition shall be submitted to the voters in substantially the following
111 form at such election:
112Shall the Metropolitan Zoological Park and Museum District of the City of
113______ and County of ______ be authorized to provide for a Symphony
114Orchestra Subdistrict and be authorized to provide the Symphony Orchestra
115Subdistrict with a tax rate not in excess of four cents on each $100 of
116assessed valuation of taxable property within the district?
117YES  NO
118(3) In the event that a majority of all the voters voting on such proposition in such city
119 and a majority of voters voting on such proposition in such county cast "YES" votes on the
120 proposition, then the symphony orchestra subdistrict shall be deemed established and the tax
121 rate, as established by the board for such subdistrict, shall be deemed in full force and effect
 HCS SS SB 889  51
122 as of the first day of the second month following the election. The results of the election shall
123 be certified by the election officials of such city and county not less than thirty days after the
124 day of election. The cost of the election shall be paid as provided by sections 115.063 and
125 115.065. In the event the proposition shall fail to receive a majority of the "YES" votes in
126 either the city or the county, then the proposition shall not be resubmitted at any election held
127 prior to the next general or primary in such city or county in the following year. Any such
128 resubmission shall subsequently comply with the provisions of sections 184.350 to [184.384]
129 184.382.
130(4) If the symphony orchestra subdistrict shall be established, then its commissioners,
131 or any person with whom its commissioners contract, may charge such prices from time to
132 time for tickets for performances conducted under the auspices of the subdistrict or as they or
133 such person deem proper; provided, however, that no fewer than fifty tickets for each such
134 performance conducted at the principal concert hall of such subdistrict or such person shall be
135 made available without charge for distribution to members of the general public and no fewer
136 than fifty tickets shall be made available without charge for distribution to students in public
137 and private elementary, secondary schools and colleges and universities in the metropolitan
138 zoological park and museum district and all performances of the symphony orchestra
139 conducted at the principal concert hall of the symphony orchestra within the district shall be
140 offered for broadcast live on a public or commercial AM or FM radio station located in and
141 generally receivable in the district or on a public or commercial broadcast television station
142 located in or generally receivable in the district. The symphony orchestra subdistrict shall
143 institute a fully staffed educational music appreciation program to benefit all of the citizens of
144 the taxing district at a nominal charge.
145(5) Immediately following the effective date of the symphony orchestra subdistrict
146 tax rate any person receiving funds from said tax rate shall become ineligible for program
147 assistance funding from the Missouri state council on the arts.
1485. The board of directors of any metropolitan zoological park and museum district, as
149 established according to the provisions of sections 184.350 to [184.384] 184.382, on behalf of
150 the district may request the election officials of any city and county containing all or part of
151 such district to submit the following described proposition to the qualified voters of such
152 district at any general, primary or special election. Such election officials shall give legal
153 notice at least sixty days prior to such general, primary or special election in at least two
154 newspapers that such proposition shall be submitted at any general, primary or special
155 election held for submission of the proposition. Such proposition shall be submitted to the
156 voters in substantially the following form at such election:
157Shall a Recreational and Amateur Sports Subdistrict be authorized and
158provided for by the Metropolitan Zoological Park and Museum District of
 HCS SS SB 889  52
159the City of ______ and the County of ______ and such subdistrict be
160authorized to establish a tax rate not in excess of four cents on each $100 of
161assessed valuation of taxable property within the district for a period not to
162exceed nine years?
163YES  NO
164
165 In the event that a majority of all the voters voting on such proposition in such city and a
166 majority of voters voting on such proposition in such county cast "YES" votes on the
167 proposition, then the recreation and amateur sports subdistrict shall be deemed established
168 and the tax rate, as established by the board for such subdistrict, shall be deemed in full force
169 and effect as of the first day of the second month following the election for a period not to
170 exceed nine years. The results of the election shall be certified by the election officials of
171 such city and county, respectively, to the respective chief executive officers of such city and
172 county not less than thirty days after the day of the election. The cost of the election shall be
173 paid as provided by sections 115.063 and 115.065. In the event the proposition shall fail to
174 receive a majority of the "YES" votes in either the city or the county, then the proposition
175 shall not be resubmitted at any election held prior to the next general or primary or special
176 election in such city or county in the following year. Any such resubmission shall
177 subsequently comply with the provisions of sections 184.350 to [184.384] 184.382.
1786. (1) The board of directors of any metropolitan zoological park and museum
179 district, as established according to the provisions of sections 184.350 to [184.384] 184.382,
180 on behalf of the district may request the election officials of any city and county containing all
181 or part of such district to submit the following described proposition to the qualified voters of
182 such district at any general, primary or special election. Such election officials shall give
183 legal notice at least sixty days prior to such general, primary or special election in at least two
184 newspapers that such proposition shall be submitted at any general, primary or special
185 election held for submission of the proposition.
186(2) Such proposition shall be submitted to the voters in substantially the following
187 form at such election:
188Shall the Metropolitan Zoological Park and Museum District of the City of ______ and
189County of ______ be authorized to provide for an African-American History Museum
190and Cultural Subdistrict and be authorized to provide the African-American history
191museum and cultural subdistrict with a tax rate not in excess of four cents on each $100
192of assessed valuation of taxable property within the district?
193YES  NO
 HCS SS SB 889  53
194(3) In the event that a majority of all the voters voting on such proposition in such city
195 and a majority of voters voting on such proposition in such county cast "YES" votes on the
196 proposition, then the African-American history museum and cultural subdistrict shall be
197 deemed established and the tax rate, as established by the board for such subdistrict, shall be
198 deemed in full force and effect as of the first day of the second month following the election.
199 The results of the election shall be certified by the election officials of such city and county,
200 respectively, to the respective chief executive officers of such city and county not less than
201 thirty days after the day of the election. The cost of the election shall be paid as provided by
202 sections 115.063 and 115.065. In the event the proposition shall fail to receive a majority of
203 the "YES" votes in either the city or the county, then the proposition shall not be resubmitted
204 at any election held prior to the next general or primary election in such city or county in the
205 following year. Any such resubmission shall subsequently comply with the provisions of
206 sections 184.350 to [184.384] 184.382.
207(4) If the African-American history museum and cultural subdistrict shall be
208 established, then its commissioners, or any person with whom its commissioners contract,
209 may establish and charge fees for admission to the premises of the African-American history
210 museum and cultural subdistrict, or to the premises of any person with whom its
211 commissioners contract, not to exceed one dollar for adults and fifty cents for children under
212 sixteen years of age. Any increase in the fees shall be presented prior to implementation for
213 approval or disapproval to the board of the metropolitan zoological park and museum district
214 of which the African-American history museum and cultural subdistrict is a member.
  184.355. 1. Any special purpose subdistrict formed under the provisions of sections
2 184.350 to [184.384] 184.382 after July 1, 1981, may be dissolved in the following manner:
3 Upon the filing with the governing body of the subdistrict of a petition containing the
4 signatures of qualified voters representing eight percent of the votes cast at the last preceding
5 election for governor of any constitutional charter city not located within a county and
6 qualified voters representing eight percent of the votes cast at the last preceding election for
7 governor of a constitutional charter county adjoining such city, the governing body shall
8 submit the proposition to the voters in the subdistrict using the same procedure and in the
9 same manner so far as practicable as is provided for the submission of the question for
10 forming the subdistrict. Separate petitions shall be filed for each subdistrict sought to be
11 dissolved.
122. Such proposition or propositions shall be submitted to the voters in substantially
13 the following form at such election:
14Shall the ______ Subdistrict of the Metropolitan Zoological Park and Museum District
15comprising the City of ______ and the County of ______ be dissolved?
16YES  NO
HCS SS SB 889  54
173. In the event that a majority of the voters voting on such proposition or propositions
18 in such city and the majority of voters voting on such proposition or propositions in such
19 county at such election cast "YES" votes on any such proposition or propositions, then the
20 subdistrict shall be deemed dissolved. The results of the aforesaid election shall be certified
21 by the election officials of such city and county, respectively, to the respective chief executive
22 officers of such city and county not less than thirty days after the day on which such election
23 was held. The cost of such election shall be borne by the city and county, respectively, as
24 provided by law.
254. Dissolution of a subdistrict shall be carried out in the manner prescribed by section
26 67.955.
  184.357. 1. The board of directors of any metropolitan zoological park and museum
2 district as established pursuant to the provisions of sections 184.350 to [184.384] 184.382, on
3 behalf of the district, may request the election officials of any city and county of such district
4 to submit a proposition or propositions to increase the tax rate for the zoological park
5 subdistrict and the art museum subdistrict set in section 184.350 and to increase the rate for
6 the botanical garden subdistrict set in section 184.353 to the qualified voters of such district at
7 any general, primary or special election. Such election officials, upon receipt of such request
8 in the form of a verified resolution or resolutions approved by the majority of the members of
9 such district board of directors, shall set the date of such election and give notice of such
10 election as provided by sections 115.063 and 115.065.
112. Such proposition or propositions shall be jointly or severally submitted to the
12 voters in substantially the following form at such election:
13(1) Shall the Metropolitan Zoological Park and Museum District of the City of ______
14and County of ______ be authorized to increase the tax rate for the zoological park
15subdistrict up to the maximum tax rate of eight cents, or any percent thereof, on each
16$100 of assessed valuation of taxable property within the district for the purpose of
17operating, maintaining and otherwise financially supporting the subdistrict? The tax rate
18shall be set annually by the board based on the budget submitted by the zoological park
19subdistrict and approved by the board. This tax rate shall replace the present tax rate of _
20_____ cents for the zoological park subdistrict.
21YES  NO
22(2) Shall the Metropolitan Zoological Park and Museum District of the City of ______
23and County of ______ be authorized to increase the tax rate for the art museum
24subdistrict up to the maximum tax rate of eight cents, or any percent thereof, on each
25$100 of assessed valuation of taxable property within the district for the purpose of
26operating, maintaining and otherwise financially supporting the subdistrict and approved
27by the board? The tax rate shall be set annually by the board based on the budget
HCS SS SB 889  55
28submitted by the art museum subdistrict and approved by the board. This tax rate shall
29replace the present tax rate of ______ cents for the art museum subdistrict.
30YES  NO
31(3) Shall the Metropolitan Zoological Park and Museum District of the City of ______
32and County of ______ be authorized to increase the tax rate for the botanical garden
33subdistrict up to the maximum tax rate of six cents, or any percent thereof, on each $100
34of assessed valuation of taxable property within the district for the purpose of operating,
35maintaining and otherwise financially supporting the subdistrict and approved by the
36board? The tax rate shall be set annually by the board based on the budget submitted by
37the botanical garden subdistrict and approved by the board. This tax rate shall replace the
38present tax rate of ______ cents for the botanical garden subdistrict.
39YES  NO
40(4) Shall the Metropolitan Zoological Park and Museum District of the City of ______
41and County of ______ be authorized to increase the tax rate for the Missouri history
42museum subdistrict up to the maximum tax rate of six cents, or any percent thereof, on
43each $100 of assessed valuation of taxable property within the district for the purpose of
44operating, maintaining, and otherwise financially supporting the subdistrict and
45approved by the board? The tax rate shall be set annually by the board based on the
46budget submitted by the Missouri history museum subdistrict and approved by the board.
47This tax rate shall replace the present tax rate of ______ cents for the Missouri history
48museum subdistrict.
49YES  NO
50
51 In the event that a majority of the voters voting on such proposition or propositions in such
52 city and the majority of the voters voting on such proposition or propositions in such county
53 cast votes "YES" on the proposition or propositions, then the tax rate for such subdistrict shall
54 be deemed in full force and effect as of the first day of the second month following the
55 election. The results of the aforesaid election shall be certified by the election officials of
56 such city and county, respectively, to the respective chief executive officers of such city and
57 county not less than thirty days after the day on which such election was held. The cost of the
58 election shall be paid as provided by sections 115.063 and 115.065. In the event the
59 proposition or propositions shall fail to receive a majority of the votes "YES" in either the city
60 or the county, then the proposition or propositions shall not be resubmitted at any election
61 held within one year of the date of the election the proposition or propositions were rejected.
  184.359. 1. Notwithstanding any of the provisions of chapter 137, the board of
 2 directors of any metropolitan zoological park and museum district, as established according to
HCS SS SB 889  56
3 the provisions of sections 184.350 to [184.384] 184.382, on behalf of such district, may
4 request the election officials of any city and county containing all or part of such district to
5 submit to the qualified voters of such district at any municipal, special, primary or general
6 election or elections a referendum or referendums to permit or restore, in part, or, in whole,
7 the tax rate or rates authorized for any subdistrict of such district from time to time under the
8 provisions of sections 184.350 to [184.384] 184.382.
92. Such proposal or proposals shall be submitted to the voters in substantially the
10 following form at such election or elections:
11Shall the Metropolitan Zoological Park and Museum District of the City of ______ and
12the County of ______ be authorized to increase the tax rate for the ______ Subdistrict to
13______ cents on each $100 of assessed valuation of taxable property within the District?
14This tax rate shall replace the present tax rate of ______ for the ______ Subdistrict.
15YES  NO
163. The proposed tax rate shall not exceed the maximum tax rate authorized by the
17 voters from time to time pursuant to sections 184.350 to [184.384] 184.382, prior to reduction
18 or reductions in such rate following any reassessment pursuant to chapter 137.
194. In the event that a majority of the voters voting thereon in such city and a majority
20 of the voters voting thereon in such county cast votes in favor of the proposal or proposals,
21 then the tax rate or rates for such subdistrict or subdistricts shall be deemed in full force and
22 effect as of the first day of the second month following the election. The results of the
23 election shall be certified by the election officials of such city and county, respectively, to
24 such district not less than thirty days after the day of the election. The cost of the election
25 shall be paid as provided by sections 115.063 and 115.065. In the event any proposal shall
26 fail to receive a majority of the "YES" votes in either the city or the county, then such
27 proposal shall not be resubmitted at any election held within one year of the date of the
28 election on which such proposal was rejected.
295. Such proposal or proposals to the qualified voters of the district may be submitted
30 by a verified resolution of the district board of directors to the respective election officials of
31 the city and county wherein the district is located.
  184.362. The use and enjoyment of such institutions and places, museums and parks
2 of any and all of the subdistricts established under sections 184.350 to [184.384] 184.382
3 shall be forever free and open to the public at such times as may be provided by the
4 reasonable rules and regulations adopted by the respective commissions in order to render the
5 use of the said subdistrict's facilities of the greatest benefit and efficiently to the greatest
6 number. The respective commissions may exclude from the use of the said facilities any and
7 all persons who willfully violate such rules. In addition said commission shall make and
8 adopt such bylaws, rules and regulations for its own guidance and for the election of its
HCS SS SB 889  57
9 members and for the administration of the subdistrict as it may deem expedient and as may
10 not be inconsistent with the provisions of the law. The respective commissions may contract
11 for, or exact, a charge from any person in connection with the use, enjoyment, purchase,
12 license or lease of any property, facility, activity, exhibit, function, or personnel of the
13 respective subdistricts. Said commission shall have exclusive control of the expenditures of
14 all moneys collected by the district to the credit of the subdistrict's fund. The commission of
15 any subdistrict established by the voters under the authority of section 184.350 shall have
16 exclusive control of the construction and maintenance of any subdistrict buildings built or
17 maintained in whole or in part with moneys of said fund and of the supervision, care and
18 custody of the grounds, rooms or buildings constructed, leased or set apart for the purposes of
19 the subdistrict under the authority conferred in this law. The commission of any subdistrict
20 established by the voters under the authority of section 184.350 shall have the power to
21 appoint a director and necessary assistants, to fix their compensation and shall also have
22 power to remove such appointees. All employees, appointees and officers of publicly owned
23 and operated museums and zoological parks shall on the establishment of a subdistrict related
24 thereto become employees of the subdistrict and such appointees' and employees' seniority,
25 pension, salaries, wages and fringe benefits shall be equal to or better than that existing at the
26 time of the establishment of the subdistrict insofar as may be possible. The respective
27 commissions shall whenever the need arises transmit to the district a complete survey and
28 report of the subdistrict's need for construction, reconstruction and repair of improvements,
29 buildings and other facilities and shall include all information and data necessary for the
30 purpose of ascertaining the cost of such improvements and shall further certify to the district
31 the need for incurring additional indebtedness as provided in sections 184.364 to 184.376
32 herein.
  186.019. 1. Prior to April first of each year, starting in 1992, the information
2 described in subdivisions (1), (2), (3) and (4) of this subsection shall be delivered in report
3 form to the Missouri women's council, the governor's office, the secretary of the senate, and
4 the chief clerk of the house of representatives. The information shall apply only to activities
5 which occurred during the previous calendar year. Reports shall be required from the
6 following:
7(1) The department of labor and industrial relations, and the [division] office of
8 workforce development of the department of [economic] higher education and workforce
9 development, who shall assemble all available data and report on all business start-ups and
10 business failures which are fifty-one percent or more owned by women. The reports shall
11 distinguish, as best as possible, those businesses which are sole proprietorships, partnerships,
12 or corporations;
HCS SS SB 889  58
13(2) The department of economic development, who shall assemble all available data
14 and report on financial assistance or other incentives given to all businesses which are fifty-
15 one percent or more owned by women. The report shall contain information relating to
16 assistance or incentives awarded for the retention of existing businesses, the expansion of
17 existing businesses, or the start-up of new businesses;
18(3) The department of revenue, who shall assemble all available data and report on
19 the number, gross receipts and net income of all businesses which are fifty-one percent or
20 more owned by women. The reports shall distinguish those businesses which are sole
21 proprietorships, partnerships or corporations;
22(4) The division of purchasing of the office of administration, who shall assemble all
23 available data and report on businesses which are fifty-one percent or more owned by women
24 which are recipients of contracts awarded by the state of Missouri.
252. Prior to December first of each year, starting in 1990, the information described in
26 subdivisions (1) and (2) of this subsection shall be delivered in report form to the Missouri
27 women's council, the governor's office, the secretary of the senate, and the chief clerk of the
28 house of representatives. The information shall apply only to activities which occurred
29 during the previous school year. Reports shall be required from the following:
30(1) The department of elementary and secondary education shall assemble all
31 available data from the Vocational and Education Data System (VEDS) on class enrollments
32 by Instruction Program Codes (CIP); by secondary and postsecondary schools; and,
33 secondary, postsecondary, and adult level classes; and by gender. This data shall also be
34 reported by classes of traditional and nontraditional occupational areas;
35(2) The coordinating board for higher education shall assemble all available data and
36 report on higher education degrees awarded by academic discipline; type of degree; type of
37 school; and gender. All available data shall also be reported on salaries received upon
38 completion of degree program and subsequent hire, as well as any data available on follow-up
39 salaries.
  191.211. State expenditures for new programs and initiatives enacted by sections
2 [103.178,] 143.999, 188.230, 191.231, 191.825 to 191.839, 208.177, 208.178, 208.179 and
3 208.181, 211.490, 285.240, 337.093, 374.126, 376.891 to 376.894, 431.064, 660.016,
4 660.017 and 660.018, and the state expenditures for the new initiatives and expansion of
5 programs enacted by revising sections 105.711 and 105.721, 191.520, 191.600, 198.090,
6 208.151, 208.152 and 208.215, as provided by H.B. 564, 1993, shall be funded exclusively by
7 federal funds and the funding sources established in sections 149.011, 149.015, 149.035,
8 149.061, 149.065, 149.160, 149.170, 149.180, 149.190 and 149.192, and no future general
9 revenue shall be appropriated to fund such new programs or expansions.
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  191.828. 1. The following departments shall conduct on-going evaluations of the
2 effect of the initiatives enacted by the following sections:
3(1) The department of commerce and insurance shall evaluate the effect of revising
4 section 376.782 and sections 143.999, 208.178, 374.126, and 376.891 to 376.894;
5(2) The department of health and senior services shall evaluate the effect of revising
6 sections 105.711 and 191.600 and enacting section 191.411, and sections 167.600 to 167.621,
7 191.231, 208.177, 431.064, and 660.016. In collaboration with the state board of registration
8 for the healing arts, the state board of nursing, and the state board of pharmacy, the
9 department of health and senior services shall also evaluate the effect of revising section
10 195.070, section 334.100, and section 335.016, and of sections 334.104 and 334.112, and
11 section 338.095 and 338.198;
12(3) The department of social services shall evaluate the effect of revising section
13 198.090, and sections 208.151, 208.152 and 208.215, and section 383.125, and of sections
14 167.600 to 167.621, 208.177, 208.178, 208.179, 208.181, and 211.490;
15(4) The office of administration shall evaluate the effect of revising sections 105.711
16 and 105.721;
17(5) [The Missouri consolidated health care plan shall evaluate the effect of section
18 103.178; and
19(6)] The department of mental health shall evaluate the effect of section 191.831 as it
20 relates to substance abuse treatment and of section 191.835.
212. The department of revenue and office of administration shall make biannual reports
22 to the general assembly and the governor concerning the income received into the health
23 initiatives fund and the level of funding required to operate the programs and initiatives
24 funded by the health initiatives fund at an optimal level.
  191.831. 1. There is hereby established in the state treasury a "Health Initiatives
2 Fund", to which shall be deposited all revenues designated for the fund under subsection 8 of
3 section 149.015, and subsection 3 of section 149.160, and section 167.609, and all other funds
4 donated to the fund or otherwise deposited pursuant to law. The state treasurer shall
5 administer the fund. Money in the fund shall be appropriated to provide funding for
6 implementing the new programs and initiatives established by sections 105.711 and 105.721.
7 The moneys in the fund may further be used to fund those programs established by sections
8 191.411 and 191.600, sections 208.151 and 208.152, and sections [103.178,] 143.999,
9 167.600 to 167.621, 188.230, 191.211, 191.231, 191.825 to 191.839, 192.013, 208.177,
10 208.178, 208.179 and 208.181, 211.490, 285.240, 337.093, 374.126, 376.891 to 376.894,
11 431.064, 660.016, 660.017 and 660.018; in addition, not less than fifteen percent of the
12 proceeds deposited to the health initiative fund pursuant to sections 149.015 and 149.160
13 shall be appropriated annually to provide funding for the C-STAR substance abuse
HCS SS SB 889  60
14 rehabilitation program of the department of mental health, or its successor program, and a C-
15 STAR pilot project developed by the director of the division of alcohol and drug abuse and
16 the director of the department of corrections as an alternative to incarceration, as provided in
17 subsections 2, 3, and 4 of this section. Such pilot project shall be known as the "Alt-care"
18 program. In addition, some of the proceeds deposited to the health initiatives fund pursuant to
19 sections 149.015 and 149.160 shall be appropriated annually to the division of alcohol and
20 drug abuse of the department of mental health to be used for the administration and oversight
21 of the substance abuse traffic offender program defined in section 302.010. The provisions of
22 section 33.080 to the contrary notwithstanding, money in the health initiatives fund shall not
23 be transferred at the close of the biennium to the general revenue fund.
242. The director of the division of alcohol and drug abuse and the director of the
25 department of corrections shall develop and administer a pilot project to provide a
26 comprehensive substance abuse treatment and rehabilitation program as an alternative to
27 incarceration, hereinafter referred to as "Alt-care". Alt-care shall be funded using money
28 provided under subsection 1 of this section through the Missouri Medicaid program, the C-
29 STAR program of the department of mental health, and the division of alcohol and drug
30 abuse's purchase-of-service system. Alt-care shall offer a flexible combination of clinical
31 services and living arrangements individually adapted to each client and her children. Alt-
32 care shall consist of the following components:
33(1) Assessment and treatment planning;
34(2) Community support to provide continuity, monitoring of progress and access to
35 services and resources;
36(3) Counseling from individual to family therapy;
37(4) Day treatment services which include accessibility seven days per week,
38 transportation to and from the Alt-care program, weekly drug testing, leisure activities,
39 weekly events for families and companions, job and education preparedness training, peer
40 support and self-help and daily living skills; and
41(5) Living arrangement options which are permanent, substance-free and conducive
42 to treatment and recovery.
433. Any female who is pregnant or is the custodial parent of a child or children under
44 the age of twelve years, and who has pleaded guilty to or found guilty of violating the
45 provisions of chapter 195, and whose controlled substance abuse was a precipitating or
46 contributing factor in the commission of the offense, and who is placed on probation may be
47 required, as a condition of probation, to participate in Alt-care, if space is available in the
48 pilot project area. Determinations of eligibility for the program, placement, and continued
49 participation shall be made by the division of alcohol and drug abuse, in consultation with the
50 department of corrections.
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514. The availability of space in Alt-care shall be determined by the director of the
52 division of alcohol and drug abuse in conjunction with the director of the department of
53 corrections. If the sentencing court is advised that there is no space available, the court shall
54 consider other authorized dispositions.
  192.131. 1. As used in this section, the following terms shall mean:
2(1) ["Advisory panel", the infection control advisory panel created by section
 3 197.165;
4(2)] "Antibiogram", a record of the resistance of microbes to various antibiotics;
5[(3)] (2) "Antimicrobial", the ability of an agent to destroy or prevent the
 6 development of pathogenic action of a microorganism;
7[(4)] (3) "Department", the department of health and senior services.
82. Every laboratory performing culture and sensitivity testing on humans in Missouri
 9 shall submit data on health care associated infections to the department in accordance with
10 this section. The data to be reported shall be defined by regulation of the department [after
11 considering the recommendations of the advisory panel]. Such data may include
12 antibiograms and, not later than July 1, 2005, shall include but not be limited to the
13 number of patients or isolates by hospital, ambulatory surgical center, and other facility or
14 practice setting with methicillin-resistant staphylococcus aureus (MRSA) or vancomycin-
15 resistant enterococcus (VRE).
163. Information on infections collected pursuant to this section shall be subject to the
17 confidentiality protections of this chapter but shall be available in provider-specific form to
18 appropriate facility and professional licensure authorities.
194. The [advisory panel] department shall [develop a recommended plan to] use
20 laboratory and health care provider data provided pursuant to this chapter to create a system
21 to:
22(1) Enhance the ability of health care providers and the department to track the
23 incidence and distribution of preventable infections, with emphasis on those infections that
24 are most susceptible to interventions and that pose the greatest risk of harm to Missouri
25 residents;
26(2) Monitor trends in the development of antibiotic-resistant microbes, including but
27 not limited to methicillin-resistant staphylococcus aureus (MRSA) and vancomycin-resistant
28 enterococcus (VRE) infections.
295. In implementing this section, [the advisory panel and] the department shall
30 conform to guidelines and standards adopted by the Centers for Disease Control and
31 Prevention. [The advisory panel's plan may provide for demonstration projects to assess the
32 viability of the recommended initiatives.]
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  192.667. 1. All health care providers shall at least annually provide to the department
2 charge data as required by the department. All hospitals shall at least annually provide patient
3 abstract data and financial data as required by the department. Hospitals as defined in section
4 197.020 shall report patient abstract data for outpatients and inpatients. Ambulatory surgical
5 centers and abortion facilities as defined in section 197.200 shall provide patient abstract data
6 to the department. The department shall specify by rule the types of information which shall
7 be submitted and the method of submission.
82. The department shall collect data on the incidence of health care-associated
9 infections from hospitals, ambulatory surgical centers, abortion facilities, and other facilities
10 as necessary to generate the reports required by this section. Hospitals, ambulatory surgical
11 centers, abortion facilities, and other facilities shall provide such data in compliance with this
12 section. In order to streamline government and to eliminate duplicative reporting
13 requirements, if the Centers for Medicare and Medicaid Services, or its successor entity,
14 requires hospitals to submit health care-associated infection data, then hospitals and the
15 department shall not be required to comply with the health care-associated infection data
16 reporting requirements of subsections 2 to 17 of this section applicable to hospitals, except
17 that the department shall post a link on its website to publicly reported data by hospitals on
18 the Centers for Medicare and Medicaid Services' Hospital Compare website, or its successor.
193. The department shall promulgate rules specifying the standards and procedures for
20 the collection, analysis, risk adjustment, and reporting of the incidence of health care-
21 associated infections and the types of infections and procedures to be monitored pursuant to
22 subsection 13 of this section. In promulgating such rules, the department shall[:
23(1)] use methodologies and systems for data collection established by the federal
24 Centers for Disease Control and Prevention's National Healthcare Safety Network, or its
25 successor[; and
26(2) Consider the findings and recommendations of the infection control advisory
27 panel established pursuant to section 197.165].
284. [By January 1, 2017, the infection control advisory panel created by section
29 197.165 shall make recommendations to] The department [regarding] shall continue to
30 assess the Centers for Medicare and Medicaid Services' health care-associated infection data
31 collection, analysis, and public reporting requirements for hospitals, ambulatory surgical
32 centers, and other facilities in the federal Centers for Disease Control and Prevention's
33 National Healthcare Safety Network, or its successor, in lieu of all or part of the data
34 collection, analysis, and public reporting requirements of this section. The [advisory panel
35 recommendations] department shall address which hospitals shall be required as a condition
36 of licensure to use the National Healthcare Safety Network for data collection; the use of the
37 National Healthcare Safety Network for risk adjustment and analysis of hospital submitted
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38 data; and the use of the Centers for Medicare and Medicaid Services' Hospital Compare
39 website, or its successor, for public reporting of the incidence of health care-associated
40 infection metrics. [The advisory panel shall consider the following factors in developing its
41 recommendation:
42(1) Whether the public is afforded the same or greater access to facility-specific
43 infection control indicators and metrics;
44(2) Whether the data provided to the public is subject to the same or greater accuracy
45 of risk adjustment;
46(3) Whether the public is provided with the same or greater specificity of reporting of
47 infections by type of facility infections and procedures;
48(4) Whether the data is subject to the same or greater level of confidentiality of the
49 identity of an individual patient;
50(5) Whether the National Healthcare Safety Network, or its successor, has the
51 capacity to receive, analyze, and report the required data for all facilities;
52(6) Whether the cost to implement the National Healthcare Safety Network infection
53 data collection and reporting system is the same or less.]
545. [After considering the recommendations of the infection control advisory panel,
55 and provided that the requirements of subsection 13 of this section can be met,] The
56 department shall implement guidelines from the federal Centers for Disease Control and
57 Prevention's National Healthcare Safety Network, or its successor. It shall be a condition of
58 licensure for hospitals that meet the minimum public reporting requirements of the National
59 Healthcare Safety Network and the Centers for Medicare and Medicaid Services to participate
60 in the National Healthcare Safety Network, or its successor. Such hospitals shall permit the
61 National Healthcare Safety Network, or its successor, to disclose facility-specific infection
62 data to the department as required under this section, and as necessary to provide the public
63 reports required by the department. It shall be a condition of licensure for any ambulatory
64 surgical center or abortion facility which does not voluntarily participate in the National
65 Healthcare Safety Network, or its successor, to submit facility-specific data to the department
66 as required under this section, and as necessary to provide the public reports required by the
67 department.
686. The department shall not require the resubmission of data which has been
69 submitted to the department of health and senior services or the department of social services
70 under any other provision of law. The department of health and senior services shall accept
71 data submitted by associations or related organizations on behalf of health care providers by
72 entering into binding agreements negotiated with such associations or related organizations to
73 obtain data required pursuant to section 192.665 and this section. A health care provider shall
74 submit the required information to the department of health and senior services:
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75(1) If the provider does not submit the required data through such associations or
76 related organizations;
77(2) If no binding agreement has been reached within ninety days of August 28, 1992,
78 between the department of health and senior services and such associations or related
79 organizations; or
80(3) If a binding agreement has expired for more than ninety days.
817. Information obtained by the department under the provisions of section 192.665
82 and this section shall not be public information. Reports and studies prepared by the
83 department based upon such information shall be public information and may identify
84 individual health care providers. The department of health and senior services may authorize
85 the use of the data by other research organizations pursuant to the provisions of section
86 192.067. The department shall not use or release any information provided under section
87 192.665 and this section which would enable any person to determine any health care
88 provider's negotiated discounts with specific preferred provider organizations or other
89 managed care organizations. The department shall not release data in a form which could be
90 used to identify a patient. Any violation of this subsection is a class A misdemeanor.
918. The department shall undertake a reasonable number of studies and publish
92 information, including at least an annual consumer guide, in collaboration with health care
93 providers, business coalitions and consumers based upon the information obtained pursuant to
94 the provisions of section 192.665 and this section. The department shall allow all health care
95 providers and associations and related organizations who have submitted data which will be
96 used in any publication to review and comment on the publication prior to its publication or
97 release for general use. The publication shall be made available to the public for a reasonable
98 charge.
999. Any health care provider which continually and substantially, as these terms are
100 defined by rule, fails to comply with the provisions of this section shall not be allowed to
101 participate in any program administered by the state or to receive any moneys from the state.
10210. A hospital, as defined in section 197.020, aggrieved by the department's
103 determination of ineligibility for state moneys pursuant to subsection 9 of this section may
104 appeal as provided in section 197.071. An ambulatory surgical center or abortion facility as
105 defined in section 197.200 aggrieved by the department's determination of ineligibility for
106 state moneys pursuant to subsection 9 of this section may appeal as provided in section
107 197.221.
10811. The department of health may promulgate rules providing for collection of data
109 and publication of the incidence of health care-associated infections for other types of health
110 facilities determined to be sources of infections; except that, physicians' offices shall be
111 exempt from reporting and disclosure of such infections.
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11212. [By January 1, 2017, the advisory panel shall recommend and] The department
113 shall adopt in regulation [with an effective date of no later than January 1, 2018,] the
114 requirements for the reporting of the following types of infections as specified in this
115 subsection:
116(1) Infections associated with a minimum of four surgical procedures for hospitals
117 and a minimum of two surgical procedures for ambulatory surgical centers that meet the
118 following criteria:
119(a) Are usually associated with an elective surgical procedure. An "elective surgical
120 procedure" is a planned, nonemergency surgical procedure that may be either medically
121 required such as a hip replacement or optional such as breast augmentation;
122(b) Demonstrate a high priority aspect such as affecting a large number of patients,
123 having a substantial impact for a smaller population, or being associated with substantial cost,
124 morbidity, or mortality; or
125(c) Are infections for which reports are collected by the National Healthcare Safety
126 Network or its successor;
127(2) Central line-related bloodstream infections;
128(3) Health care-associated infections specified for reporting by hospitals, ambulatory
129 surgical centers, and other health care facilities by the rules of the Centers for Medicare and
130 Medicaid Services to the federal Centers for Disease Control and Prevention's National
131 Healthcare Safety Network, or its successor; and
132(4) Other categories of infections that may be established by rule by the department.
133
134 The department[, in consultation with the advisory panel,] shall be authorized to collect and
135 report data on subsets of each type of infection described in this subsection.
13613. [In consultation with the infection control advisory panel established pursuant to
137 section 197.165,] The department shall develop and disseminate to the public reports based
138 on data compiled for a period of twelve months. Such reports shall be updated [quarterly] at
139 least annually and shall show for each hospital, ambulatory surgical center, abortion facility,
140 and other facility metrics on risk-adjusted health care-associated infections under this section.
14114. The types of infections under subsection 12 of this section to be publicly reported
142 shall be determined by the department by rule and shall be consistent with the infections
143 tracked by the National Healthcare Safety Network, or its successor.
14415. Reports published pursuant to subsection 13 of this section shall be published and
145 readily accessible on the department's internet website. The reports shall be distributed at
146 least annually to the governor and members of the general assembly. The department shall
147 make such reports available to the public for a period of at least two years.
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14816. The Hospital Industry Data Institute shall publish a report of Missouri hospitals',
149 ambulatory surgical centers', and abortion facilities' compliance with standardized quality of
150 care measures established by the federal Centers for Medicare and Medicaid Services for
151 prevention of infections related to surgical procedures. If the Hospital Industry Data Institute
152 fails to do so by July 31, 2008, and annually thereafter, the department shall be authorized to
153 collect information from the Centers for Medicare and Medicaid Services or from hospitals,
154 ambulatory surgical centers, and abortion facilities and publish such information in
155 accordance with this section.
15617. The data collected or published pursuant to this section shall be available to the
157 department for purposes of licensing hospitals, ambulatory surgical centers, and abortion
158 facilities pursuant to chapter 197.
15918. The department shall promulgate rules to implement the provisions of section
160 192.131 and sections 197.150 to 197.160. Any rule or portion of a rule, as that term is
161 defined in section 536.010, that is created under the authority delegated in this section shall
162 become effective only if it complies with and is subject to all of the provisions of chapter 536
163 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any
164 of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the
165 effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then
166 the grant of rulemaking authority and any rule proposed or adopted after August 28, 2004,
167 shall be invalid and void.
16819. [No later than August 28, 2017,] Each hospital, excluding mental health facilities
169 as defined in section 632.005, and each ambulatory surgical center and abortion facility as
170 defined in section 197.200, shall in consultation with its medical staff establish an
171 antimicrobial stewardship program for evaluating the judicious use of antimicrobials,
172 especially antibiotics that are the last line of defense against resistant infections. The
173 hospital's stewardship program and the results of the program shall be monitored and
174 evaluated by hospital quality improvement departments and shall be available upon
175 inspection to the department. At a minimum, the antimicrobial stewardship program shall be
176 designed to evaluate that hospitalized patients receive, in accordance with accepted medical
177 standards of practice, the appropriate antimicrobial, at the appropriate dose, at the appropriate
178 time, and for the appropriate duration.
17920. Hospitals described in subsection 19 of this section shall meet the National
180 Healthcare Safety Network requirements for reporting antimicrobial usage or resistance by
181 using the Centers for Disease Control and Prevention's Antimicrobial Use and Resistance
182 (AUR) Module when conditions of participation promulgated by the Centers for Medicare
183 and Medicaid Services requiring the electronic reporting of antibiotic use or antibiotic
184 resistance by hospitals become effective. When such antimicrobial usage or resistance
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185 reporting takes effect, hospitals shall authorize the National Healthcare Safety Network, or its
186 successor, to disclose to the department facility-specific information reported to the AUR
187 Module. Facility-specific data on antibiotic usage and resistance collected under this
188 subsection shall not be disclosed to the public, but the department may release case-specific
189 information to other facilities, physicians, and the public if the department determines on a
190 case-by-case basis that the release of such information is necessary to protect persons in a
191 public health emergency. Nothing in this section shall prohibit a hospital from voluntarily
192 reporting antibiotic use or antibiotic resistance data through the National Healthcare Safety
193 Network, or its successor, prior to the effective date of the conditions of participation
194 requiring the reporting.
19521. The department shall make a report to the general assembly beginning January 1,
196 2018, and on every January first thereafter on the incidence, type, and distribution of
197 antimicrobial-resistant infections identified in the state and within regions of the state.
  192.700. There is hereby established a state arthritis program. [The board and the
2 committee established by sections 192.700 to 192.727 are to administer state, federal and
3 private grants and programs dealing with arthritis and related diseases as a part of this arthritis
4 program.] Regional arthritis [centers] programs established pursuant to sections 192.700 to
5 192.727 constitute part of the state arthritis program.
  192.703. As used in sections 192.700 to 192.727, the [following terms mean:
2(1) "Board", the Missouri arthritis advisory board;
3(2) "Committee", the arthritis program review committee;
4(3)] term "director"[,] means the director of the department of health and senior
5 services.
  192.714. 1. Beginning October 1, [1984] 2026, there shall be established within this
2 state, and within the department of health and senior services, [a network of] regional arthritis
3 [centers] programs, subject to appropriations, designed to [demonstrate and stimulate the
4 prompt and effective application of available knowledge for the treatment of patients with
5 arthritis and related musculoskeletal diseases, and to develop new knowledge essential for the
6 control of these disorders] improve knowledge and access to arthritis management among
7 adults with arthritis.
82. The arthritis [centers] programs established pursuant to sections 192.700 to
9 192.727 shall operate programs in the area of education of patients, their families, and the
10 public.
11[3. At least one regional arthritis center shall be established in each of the following
12 seven regions, the boundaries of which shall be determined by the board:
13(1) Greater St. Louis area;
14(2) Southeast;
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15(3) Northeast;
16(4) Central;
17(5) Southwest;
18(6) Northwest; and
19(7) Greater Kansas City area.]
  196.1106. Centers for life sciences research shall be established and shall be subject
2 to the following provisions:
3(1) A "center for excellence for life sciences research" means a system or regional
4 consortium of public and private not-for-profit academic, research, or health care institutions
5 or organizations engaged in competitive research in targeted fields consistent with the
6 strategic purposes of life sciences research as provided in sections 196.1100 to 196.1130;
7(2) The [life sciences research board] department of economic development shall
8 monitor and adopt such rules as are necessary to assure quality and accountability in the
9 operation of the centers for excellence for life sciences research;
10(3) One St. Louis area center for excellence may be established within the
11 geographical area encompassing the city of St. Louis and St. Louis, St. Charles, Jefferson,
12 and Franklin counties. If any part of a municipality is located within any one such county and
13 also encompasses a part of another county in this state, the entire area encompassed within the
14 city limits of such municipality shall be a part of the geographical area of the St. Louis area
15 center for excellence;
16(4) One Kansas City area center for excellence may be established within the
17 geographical area encompassing Jackson, Clay, Andrew, Buchanan, and Platte counties. If
18 any part of a municipality is located within any one such county and also encompasses a part
19 of another county in this state, the entire area encompassed within the city limits of such
20 municipality shall be a part of the geographical area of the Kansas City area center for
21 excellence;
22(5) One Springfield center for excellence may be established within the geographical
23 area encompassing Greene, Christian, and Webster counties;
24(6) A Missouri statewide center for excellence may be established that shall
25 encompass the institutions, agricultural research centers dedicated to the development of
26 plant-made pharmaceuticals, and campuses within the University of Missouri system and
27 those regions of Missouri not encompassed within another center for excellence; provided
28 that the University of Missouri-Kansas City and the University of Missouri-St. Louis shall
29 participate in the centers for excellence in their respective geographical regions;
30(7) The [life sciences research board] department of economic development shall
31 receive and review suggestions for the formation and composition of the initial centers for
32 excellence. After receiving and reviewing such suggestions, the [life sciences research board]
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33 department shall determine the initial composition, and shall consider and approve the
34 organizational plan and structure of the St. Louis area, Kansas City area, Springfield area, and
35 Missouri statewide centers for excellence;
36(8) Before any center for excellence is considered to be a center for excellence for life
37 sciences research under sections 196.1100 to 196.1130, its composition and organizational
38 structure shall be approved by the [life sciences research board] department;
39(9) Any center for excellence for life sciences research that is established within a
40 geographical area specified in sections 196.1100 to 196.1130 shall be comprised of a
41 consortium of public and private not-for-profit academic, research, or health care institutions
42 or organizations that have collectively at least fifteen million dollars in annual research
43 expenditures in the life sciences, including a collective minimum of two million dollars in
44 basic research in life sciences;
45(10) Each center for excellence for life sciences research shall appoint a screening
46 committee. The centers, through their screening committees, shall solicit, collect, prioritize,
47 and forward to the [life sciences research board] department proposed research initiatives for
48 consideration for funding by the [board] department. Members of each screening committee
49 shall generally be familiar with the life sciences and current trends and developments with
50 either technical or scientific expertise in the life sciences with an understanding of life
51 sciences and with an understanding of the application of the results of life sciences research.
52 No member of a screening committee shall be employed by any public or private entity
53 eligible to receive financial support from the life sciences research trust fund; and
54(11) The centers for excellence for life sciences research shall have any and all
55 powers attendant to carrying out the operations that are not contrary to the provisions of
56 sections 196.1100 to 196.1130 or any rules, guidelines, or decisions adopted by the [life
57 sciences research board] department.
  [196.1109. All moneys that are appropriated by the general assembly
2from the life sciences research trust fund shall be appropriated to the life
3sciences research board to increase the capacity for quality of life sciences
4research at public and private not-for-profit institutions in the state of Missouri
5and to thereby:
6(1) Improve the quantity and quality of life sciences research at public
7and private not-for-profit institutions, including but not limited to basic
8research (including the discovery of new knowledge), translational research
9(including translating knowledge into a usable form), and clinical research
10(including the literal application of a therapy or intervention to determine its
11efficacy), including but not limited to health research in human development
12and aging, cancer, endocrine, cardiovascular, neurological, pulmonary, and
13infectious disease, and plant sciences, including but not limited to nutrition
14and food safety; and
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15(2) Enhance technology transfer and technology commercialization
16derived from research at public and private not-for-profit institutions within
17the centers for excellence. For purposes of sections 196.1100 to 196.1130,
18"technology transfer and technology commercialization" includes stages of the
19regular business cycle occurring after research and development of a life
20science technology, including but not limited to reduction to practice, proof of
21concept, and achieving federal Food and Drug Administration, United States
22Department of Agriculture, or other regulatory requirements in addition to the
23definition in section 348.251.
24
25Funds received by the board may be used for purposes authorized in sections
26196.1100 to 196.1130 and shall be subject to the restrictions of sections
27196.1100 to 196.1130, including but not limited to the costs of personnel,
28supplies, equipment, and renovation or construction of physical facilities;
29provided that in any single fiscal year no more than thirty percent of the
30moneys appropriated shall be used for the construction of physical facilities
31and further provided that in any fiscal year up to eighty percent of the moneys
32shall be appropriated to build research capacity at public and private not-for-
33profit institutions and at least twenty percent and no more than fifty percent of
34the moneys shall be appropriated for grants to public or private not-for-profit
35institutions to promote life science technology transfer and technology
36commercialization. Of the moneys appropriated to build research capacity,
37twenty percent of the moneys shall be appropriated to promote the
38development of research of tobacco-related illnesses.]
  196.1109. All moneys that are appropriated by the general assembly from the life
2 sciences research trust fund shall be appropriated to the [life sciences research board]
3 department of economic development to increase the capacity for quality of life sciences
4 research at public and private not-for-profit institutions in the state of Missouri and to
5 thereby:
6(1) Improve the quantity and quality of life sciences research at public and private
7 not-for-profit institutions, including but not limited to basic research (including the discovery
8 of new knowledge), translational research (including translating knowledge into a usable
9 form), and clinical research (including the literal application of a therapy or intervention to
10 determine its efficacy), including but not limited to health research in human development
11 and aging, cancer, endocrine, cardiovascular, neurological, pulmonary, and infectious disease,
12 and plant sciences, including but not limited to nutrition and food safety; and
13(2) Enhance technology transfer and technology commercialization derived from
14 research at public and private not-for-profit institutions within the centers for excellence. For
15 purposes of sections 196.1100 to 196.1130, "technology transfer and technology
16 commercialization" includes stages of the regular business cycle occurring after research
17 and development of a life science technology, including but not limited to reduction to
18 practice, proof of concept, and achieving federal Food and Drug Administration, United
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19 States Department of Agriculture, or other regulatory requirements in addition to the
20 definition in section 348.251.
21
22 Funds received by the [board] department may be used for purposes authorized in sections
23 196.1100 to 196.1130 and shall be subject to the restrictions of sections 196.1100 to
24 196.1130, including but not limited to the costs of personnel, supplies, equipment, and
25 renovation or construction of physical facilities; provided that in any single fiscal year no
26 more than ten percent of the moneys appropriated shall be used for the construction of
27 physical facilities and further provided that in any fiscal year eighty percent of the moneys
28 shall be appropriated to build research capacity at public and private not-for-profit institutions
29 and twenty percent of the moneys shall be appropriated for grants to public or private not-for-
30 profit institutions to promote life science technology transfer and technology
31 commercialization. Of the moneys appropriated to build research capacity, twenty percent
32 of the moneys shall be appropriated to promote the development of research of tobacco-
33 related illnesses.
  196.1112. In determining projects to authorize, the [life sciences research board]
2 department of economic development shall consider those proposals endorsed by a center
3 for excellence, subject to a process of peer review conducted under the auspices of the [board]
4 department, and shall also consider the potential of any proposal to bring both health and
5 economic benefits to the people of Missouri. Specifically, at least eighty percent of the
6 moneys that are appropriated to the [board] department in each fiscal year shall be
7 distributed to public and private not-for-profit institutions or organizations whose programs
8 and proposals have been recommended by a center for excellence that meets the requirements
9 set forth in subdivisions (8) and (9) of section 196.1106. Collectively, the institutions or
10 organizations within a single center for excellence shall receive in a single fiscal year no more
11 than fifty percent of the moneys appropriated to the [board] department during such fiscal
12 year. No single institution or organization shall receive in any consecutive three-fiscal-year
13 period more than forty percent of the moneys appropriated to the [board] department during
14 such three-fiscal-year period.
  [196.1115. 1. The moneys appropriated to the life sciences research
2board that are not distributed by the board in any fiscal year to a center for
3excellence or a center for excellence endorsed program pursuant to section
4196.1112, if any, shall be held in reserve by the board or shall be awarded on
5the basis of peer review panel recommendations for capacity building
6initiatives proposed by public and private not-for-profit academic, research, or
7health care institutions or organizations, or individuals engaged in competitive
8research in targeted fields consistent with the provisions of sections 196.1100
9to 196.1130.
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102. The life sciences research board may, in view of the limitations
11expressed in section 196.1130:
12(1) Award and enter into grants or contracts relating to increasing
13Missouri's research capacity at public or private not-for-profit institutions;
14(2) Make provision for peer review panels to recommend and review
15research projects;
16(3) Contract for support services;
17(4) Lease or acquire facilities and equipment;
18(5) Employ administrative staff; and
19(6) Receive, retain, hold, invest, disburse or administer any moneys
20that it receives from appropriations or from any other source.
213. The Missouri technology corporation, established under section
22348.251, shall serve as the administrative agent for the life sciences research
23board.
244. The life sciences research board shall utilize as much of the moneys
25as reasonably possible for building capacity at public and private not-for-profit
26institutions to do research rather than for administrative expenses. The board
27shall not in any fiscal year expend more than two percent of the total moneys
28appropriated to it and of the moneys that it has in reserve or has received from
29other sources for its own administrative expenses for appropriations equal to
30or greater than twenty million dollars; three percent for appropriations less
31than twenty million dollars but equal to or greater than fifteen million dollars;
32four percent for appropriations less than fifteen million dollars but equal to or
33greater than ten million dollars; five percent for appropriations less than ten
34million dollars; provided, however, that the general assembly by appropriation
35from the life sciences research trust fund may authorize a limited amount of
36additional moneys to be expended for administrative costs.]
  196.1115. 1. The moneys appropriated to the [life sciences research board]
2 department of economic development that are not distributed by the [board] department in
3 any fiscal year to a center for excellence or a center for excellence endorsed program pursuant
4 to section 196.1112, if any, shall be held in reserve by the [board] department or shall be
5 awarded on the basis of peer review panel recommendations for capacity building initiatives
6 proposed by public and private not-for-profit academic, research, or health care institutions or
7 organizations, or individuals engaged in competitive research in targeted fields consistent
8 with the provisions of sections 196.1100 to 196.1130.
92. The [life sciences research board] department may, in view of the limitations
10 expressed in section 196.1130:
11(1) Award and enter into grants or contracts relating to increasing Missouri's research
12 capacity at public or private not-for-profit institutions;
13(2) Make provision for peer review panels to recommend and review research
14 projects;
15(3) Contract for administrative and support services;
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16(4) Lease or acquire facilities and equipment;
17(5) Employ administrative staff; and
18(6) Receive, retain, hold, invest, disburse or administer any moneys that it receives
19 from appropriations or from any other source.
203. The [life sciences research board] department shall utilize as much of the moneys
21 as reasonably possible for building capacity at public and private not-for-profit institutions to
22 do research rather than for administrative expenses. The [board] department shall not in any
23 fiscal year expend more than two percent of the total moneys appropriated to it and of the
24 moneys that it has in reserve or has received from other sources for its own administrative
25 expenses; provided, however, that the general assembly by appropriation from the life
26 sciences research trust fund may authorize a limited amount of additional moneys to be
27 expended for administrative costs.
  196.1118. The [life sciences research board] department of economic development
2 shall make provision for and secure the state auditor or outside public accounting firm an
3 annual audit of its financial affairs and the moneys expended from the life sciences research
4 trust fund. Such audit shall be performed on a fiscal year basis and the cost of such audit shall
5 not be considered as an administrative expense for purposes of subsection 3 of section
6 196.1115. The [board] department shall make copies of each audit available to the public.
7 Every three years the [board] department, with the assistance of its staff or independent
8 contractors as determined by the [board] department, shall prepare a comprehensive report
9 assessing the work and progress of the life sciences research program. Such assessment
10 report shall analyze the impact of the [board's] department's programs, grants, and contracts
11 performed, shall be provided to the governor and the general assembly, and shall be available
12 to the public. The cost of such assessment report shall not be considered an administrative
13 expense for purposes of subsection 3 of section 196.1115.
  196.1121. 1. Grant or contract awards made with moneys appropriated from the life
2 sciences research trust fund shall provide for the reimbursement of costs. Whether
3 reimbursement of specific costs is allowed depends on the application of a four-part test
4 balancing which shall include:
5(1) The reasonableness of the cost;
6(2) The connection to the grant or contract;
7(3) The consistency demonstrated in assigning costs to the grant or contract; and
8(4) Conformance with the specific terms and conditions of the award or contract.
9
10 The [life sciences research board] department of economic development may from time to
11 time issue rules and guidelines consistent with such four-part test and provide grant and
12 contract recipients with a list or other explanation of regularly permitted costs.
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132. Grant and contract recipients shall preserve research freedom, ensure timely
14 disclosure of their research findings to the scientific community, including through
15 publications and presentations at scientific meetings, and promote utilization,
16 commercialization, and public availability of their inventions and other intellectual
17 property developed as a general institutional policy. Institutions or organizations receiving
18 grant or contract awards shall retain all right, title, and interest, including all intellectual
19 property rights, in and to any and all inventions, ideas, data, improvements, modifications,
20 know-how, creations, copyrightable material, trade secrets, methods, processes, discoveries,
21 and derivatives, regardless of patentability, that are made in the performance of work under a
22 grant award. The [life sciences research board] department shall adopt reasonable rules to
23 ensure that any such intellectual property rights are utilized reasonably and in a manner that is
24 in the public interest.
  196.1127. 1. The moneys appropriated to the [life sciences research board]
2 department of economic development pursuant to sections 196.1100 to 196.1124 shall be
3 subject to the provisions of this section.
42. As used in this section, the following terms shall mean:
5(1) "Abortion services" include performing, inducing, or assisting with abortions, as
6 defined in section 188.015, or encouraging patients to have abortions, referring patients for
7 abortions not necessary to save the life of the mother, or development of drugs, chemicals, or
8 devices intended to be used to induce an abortion;
9(2) "Child", a human being recognized as a minor pursuant to the laws of this state,
10 including if in vivo, an unborn child as defined in section 188.015 and if in vitro, a human
11 being at any of the stages of biological development of an unborn child from conception or
12 inception onward;
13(3) "Conception", the same meaning as such term is defined in section 188.015;
14(4) "Facilities and administrative costs", those costs that are incurred for common or
15 joint objectives and therefore cannot be identified readily and specifically with a particular
16 research project or any other institutional activity;
17(5) "Human cloning", the creation of a human being by any means other than by the
18 fertilization of an oocyte of a human female by a sperm of a human male;
19(6) "Prohibited human research", research in a research project in which there is the
20 taking or utilization of the organs, tissues, or cellular material of:
21(a) A deceased child, unless consent is given by the parents in a manner provided in
22 sections 194.210 to 194.290 relating to anatomical gifts, and neither parent caused the death
23 of such child or consented to another person causing the death of such child;
HCS SS SB 889  75
24(b) A living child, when the intended or likely result of such taking or utilization is to
25 kill or cause harm to the health, safety, or welfare of such child, or when the purpose is to
26 target such child for possible destruction in the future;
27(7) "Public funds", include:
28(a) Any moneys received or controlled by the state of Missouri or any official,
29 department, division, agency, or political subdivision thereof, including but not limited to
30 moneys derived from federal, state, or local taxes, gifts, or grants from any source,
31 settlements of any claims or causes of action, public or private, bond proceeds, federal grants
32 or payments, or intergovernmental transfers;
33(b) Any moneys received or controlled by an official, department, division, or agency
34 of state government or any political subdivision thereof, or to any person or entity pursuant to
35 appropriation by the general assembly or governing body of any political subdivision of this
36 state;
37(8) "Research project", research proposed to be funded by an award of public funds
38 conducted under the auspices of the entity or entities that applied for and received such
39 award, regardless of whether the research is funded in whole or in part by such award. Such
40 research shall include basic research, including the discovery of new knowledge; translational
41 research, including translational knowledge in a usable form; and clinical research, including
42 but not limited to health research in human development and aging, cancer, endocrine,
43 cardiovascular, neurological, pulmonary, and infectious disease.
443. Public funds shall not be expended, paid, or granted to or on behalf of an existing
45 or proposed research project that involves abortion services, human cloning, or prohibited
46 human research. A research project that receives an award of public funds shall not share
47 costs with another research project, person, or entity not eligible to receive public funds
48 pursuant to this subsection; provided that a research project that receives an award of public
49 funds may pay a pro rata share of facilities and administrative costs determined in the award
50 of public funds according to standards that ensure that public funds do not in any way
51 subsidize facilities and administrative costs of other research projects, persons, or entities not
52 eligible to receive public funds pursuant to this subsection. The application for an award of
53 public funds shall set forth the proposed rates of pro rata cost reimbursement and shall
54 provide supporting data and rationale for such rates. All applicants for and recipients of
55 awards of public funds shall comply with the cost accounting principles set forth in Part 9905
56 of Title 48 of the Code of Federal Regulations, or successor regulations, in connection with
57 the application for and administration of the research project. All moneys derived from an
58 award of public funds shall be expended only by checks, drafts, or electronic transfers using a
59 separate accounting process maintained for each research project. No moneys derived from
60 an award of public funds shall be used to cover costs for any other research project or to any
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61 other person or entity. No moneys derived from an award of public funds shall be passed
62 through to any other research project, person, or entity unless included in the original
63 application for the award of public funds or in subsequent amendments or requests to use
64 separate contractors. A research project that receives an award of public funds shall maintain
65 financial records that demonstrate strict compliance with this subsection. Any audit
66 conducted pursuant to any grant or contract awarding public funds shall also certify whether
67 there is compliance with this subsection and shall note any noncompliance as a material audit
68 finding.
694. The provisions of this section shall inure to the benefit of all residents of this state.
70 Any taxpayer of this state or any political subdivision of this state shall have standing to bring
71 suit against the state of Missouri or any official, department, division, agency, or political
72 subdivision of this state, and any recipient of public funds who or which is in violation of this
73 subsection in any circuit court with jurisdiction to enforce the provisions of this section.
745. This section shall not be construed to permit or make lawful any conduct that is
75 otherwise unlawful pursuant to the laws of this state.
766. Any provision of this section is not severable from any appropriation subject to this
77 section or any application declared by any court to be subject to this section. If any provision
78 of this section is found to be invalid or unconstitutional, any appropriation subject to this
79 section or any appropriation declared by any court to be subject to this section shall be void,
80 invalid, and unenforceable.
  208.244. [1. Beginning January 1, 2016, the waiver of the work requirement for the
2 supplemental nutrition assistance program under 7 U.S.C. Section 2015(o) shall no longer
3 apply to individuals seeking benefits in this state. The provisions of this subsection shall
4 terminate on January 1, 2019.
52.] Any ongoing savings resulting from a reduction in state expenditures due to
6 modification of the supplemental nutrition assistance program under this section or the
7 temporary assistance for needy families program under sections 208.026 and 208.040
8 effective on August 28, 2015, subject to appropriations, shall be used to provide child care
9 assistance for single parent households, education assistance, transportation assistance, and
10 job training for individuals receiving benefits under such programs as allowable under
11 applicable state and federal law.
12[3. The department shall make an annual report to the joint committee on government
13 accountability on the progress of implementation of sections 208.026 and 208.040, including
14 information on enrollment, demographics, work participation, and changes to specific
15 policies. The joint committee shall meet at least once a year to review the department's report
16 and shall make recommendations to the president pro tempore of the senate and the speaker of
17 the house of representatives.]
HCS SS SB 889  77
  208.471. 1. The department of social services shall make payments to those hospitals
2 which have a Medicaid provider agreement with the department.
32. In each state fiscal year, the amount of federal reimbursement allowance levied
4 under sections 208.450 to [208.482] 208.480 shall not exceed forty-five percent of the total
5 payments to hospitals from the federal reimbursement allowance fund and associated federal
6 match, including payments made to hospitals from state-contracted managed care
7 organizations that are attributed to the federal reimbursement allowance fund and
8 associated federal match. By October first of each subsequent state fiscal year, the
9 department shall report this calculation and the underlying data supporting the calculation to
10 the budget committee of the house of representatives and the appropriations committee of the
11 senate. The underlying data shall include the amount of federal reimbursement allowance
12 assessment levied on the hospitals and the total amount of Medicaid payments to hospitals
13 funded by the federal reimbursement allowance, including payments made to hospitals from
14 all state-contracted managed care organizations in aggregate. Payments made by the
15 department to hospitals and payments made, in aggregate, by all state-contracted managed
16 care organizations to hospitals shall be reported separately. Expenditures reported by the
17 department and all state-contracted managed care organizations in aggregate shall be broken
18 down by fund source, inpatient or outpatient category of service, and individual hospital. In
19 addition, the department shall separately and concurrently disclose the amount of hospital
20 payments made by the department and the amount of hospital payments made by each of the
21 managed care plans, with the payment data broken down by plan, fund source, inpatient or
22 outpatient category of service, and individual hospital, to the hospitals receiving such
23 payments specific to that hospital or to an organization designated by such hospitals to
24 receive such data and as otherwise authorized or required by law. Such payment data shall
25 otherwise be regarded as proprietary and confidential under subdivision (15) of section
26 610.021.
  209.285. As used in sections 209.285 to 209.339, unless the context clearly requires
2 otherwise, the following terms mean:
3(1) "American sign language", a visual-gestural system of communication that has its
4 own syntax, rhetoric and grammar. American sign language is recognized, accepted and used
5 by many deaf Americans. This native language represents concepts rather than words;
6(2) ["Board", the Missouri board for certification of interpreters, established within
7 the commission in section 209.287;
8(3)] "Certification", a document issued by the Missouri commission for the deaf and
9 hard of hearing declaring that the holder is qualified to practice interpreting at a disclosed
10 level;
11[(4)] (3) "Commission", the Missouri commission for the deaf and hard of hearing;
HCS SS SB 889  78
12[(5)] (4) "Committee", the Missouri state committee of interpreters, established in
13 section 209.319;
14[(6)] (5) "Conversion levels", the process of granting levels of certification by the
15 commission to individuals holding certification from another state or within another
16 certification system in this state or another state;
17[(7)] (6) "Coordinator", a staff person, hired by the executive director of the Missouri
18 commission for the deaf and hard of hearing, who shall serve as coordinator for the Missouri
19 interpreter certification system;
20[(8)] (7) "Deaf person", any person who is not able to discriminate speech when
21 spoken in a normal conversational tone regardless of the use of amplification devices;
22[(9)] (8) "Department", the department of commerce and insurance;
23[(10)] (9) "Director", the director of the division of professional registration;
24[(11)] (10) "Division", the division of professional registration;
25[(12)] (11) "Executive director", the executive director of the Missouri commission
26 for the deaf and hard of hearing;
27[(13)] (12) "Interpreter", any person who offers to render interpreting services
28 implying that he or she is trained, and experienced in interpreting, and holds a current, valid
29 certification and license to practice interpreting in this state; provided that a
30 telecommunications operator providing deaf relay service or a person providing operator
31 services for the deaf shall not be considered to be an interpreter;
32[(14)] (13) "Interpreter trainer", a person, certified and licensed by the state of
33 Missouri as an interpreter, who trains new interpreters in the translating of spoken English or
34 written concepts to any necessary specialized vocabulary used by a deaf consumer.
35 Necessary specialized vocabularies include, but are not limited to, American sign language,
36 Pidgin Signed English, oral, tactile sign and language deficient skills;
37[(15)] (14) "Interpreting", the translating of English spoken or written concepts to any
38 necessary specialized vocabulary used by a deaf person or the translating of a deaf person's
39 specialized vocabulary to English spoken or written concepts; provided that a
40 telecommunications operator providing deaf relay service or a person providing operator
41 services for the deaf shall not be considered to be interpreting. Necessary specialized
42 vocabularies include, but are not limited to, American sign language, Pidgin Signed English,
43 oral, tactile sign and language deficient skills;
44[(16)] (15) "Language deficient", mode of communication used by deaf individuals
45 who lack crucial language components, including, but not limited to, vocabulary, language
46 concepts, expressive skills, language skills and receptive skills;
47[(17)] (16) "Missouri commission for the deaf", Missouri commission for the deaf
48 and hard of hearing established in section 161.400;
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49[(18)] (17) "Oral", mode of communication having characteristics of speech, speech
50 reading and residual hearing as a primary means of communication using situational and
51 culturally appropriate gestures, without the use of sign language;
52[(19)] (18) "Pidgin Signed English", a mode of communication having characteristics
53 of American sign language;
54[(20)] (19) "Practice of interpreting", rendering or offering to render or supervise
55 those who render to individuals, couples, groups, organizations, institutions, corporations,
56 schools, government agencies or the general public any interpreting service involving the
57 translation of any mode of communication used by a deaf person to spoken English or of
58 spoken English to a mode of communication used by a deaf person;
59[(21)] (20) "Tactile sign", mode of communication, used by deaf and blind
60 individuals, using any one or a combination of the following: tactile sign, constricted space
61 sign or notetaking.
  209.292. [1.] The [board] commission shall[, with the approval of the commission]:
2(1) Prescribe qualifications for each of the several levels of certification based on
3 proficiency and shall evaluate and certify interpreters using such qualifications;
4(2) Issue the certificates, bearing the signature of the executive director, necessary to
5 qualify for a license to interpret;
6(3) Develop a fee scale for interpreting services, pursuant to section 161.405;
7(4) Maintain the quality of interpreting services, pursuant to section 161.405, by:
8(a) Generating ideas for conducting interpreter training workshops to update
9 knowledge and skills; and
10(b) Suggesting institutions of higher education to provide interpreter training
11 programs;
12(5) Develop specific guidelines for the use of interpreters according to their level of
13 certification and submit the guidelines to the division and copies to be distributed to state
14 departments, agencies, commissions, courts, interpreters and to the public;
15(6) Develop ethical rules of conduct to be recommended for adoption by the division;
16(7) Develop fees for application, administration of an evaluation, conversion and
17 certificate renewal, to cover the cost of the certification system and administration;
18(8) Compile a statewide registry of interpreters by skill level and include
19 recommendations relating to the appropriate selection and utilization of interpreters for the
20 deaf. The registry shall be made available to and recommended for adoption by state
21 commissions, departments and agencies;
22(9) Develop a conversion system and policy for accepting other certification systems
23 into the certification offered by the Missouri commission for the deaf and hard of hearing;
24(10) Develop acceptable professional development activities to maintain certification;
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25(11) Investigate and implement the most appropriate testing model for interpreter
26 certification;
27(12) When necessary, develop an evaluation team, appointed by the commission, to
28 assist in evaluating interpreters;
29(13) Provide opportunity to hear grievances against the certification process or one of
30 its members using the guidelines established in chapter 621.
31[2. An evaluation team appointed pursuant to subdivision (12) of subsection 1 of this
32 section shall have similar backgrounds to the members of the board. The evaluation team
33 shall serve at the pleasure of the commission. The commission shall reimburse evaluators for
34 actual and necessary expenses incurred in the performance of their official duties and may
35 fairly compensate them. A member of an evaluation team may be removed from the team by
36 the executive director, after notice and an opportunity to be heard, for the following reasons:
37 misconduct, inefficiency, incompetence or neglect of official duties.]
  209.299. The [board] commission shall schedule evaluations for persons seeking
2 certification, at a central location, at least four times each year in 1995 and 1996, and at least
3 twice a year thereafter, according to the number of applicants seeking certification. As soon
4 as possible after completion of an evaluation, the coordinator shall notify the applicant of his
5 score and level of certification.
  209.305. 1. The evaluation shall be an assessment of interpreter's language skills,
2 expressive and receptive skills, professionalism, knowledge of interpreting and ethical
3 practices. Modes of communication that shall be evaluated include, but are not limited to:
4(1) American sign language;
5(2) Tactile sign;
6(3) Language deficient;
7(4) Oral;
8(5) Pidgin Signed English; and
9(6) Any necessary specialized vocabulary, language or mode of communication in
10 popular or regional use among deaf people.
112. The [board or an evaluation team] commission shall use testing materials
12 developed by the commission or contracted with a national organization to assess the
13 qualifications of interpreters. All testing materials and records shall be held confidential by
14 the commission.
  209.307. Any member of [the board or] an evaluation team who has a conflict of
2 interest that may have a direct effect on an evaluation shall excuse himself or herself from the
3 evaluation. The remaining members shall assess that individual's performance.
  209.309. The [board] commission may offer provisional certification to interpreters
2 achieving a minimal level of certification established by the [board] commission. A
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3 provisional certification is limited to one year; during such year the interpreter must be
4 reevaluated and achieve the next higher level of certification. If an evaluation slot is not
5 available during the term of the provisional license, the interpreter may be granted an
6 extension. A holder of a provisional certification may only be granted one extension.
  209.317. 1. The [board] commission may suspend, deny or revoke a certificate if an
2 interpreter:
3(1) Impersonates another person holding interpreter certification;
4(2) Allows another person to use the interpreter's certificate;
5(3) Uses fraud, deception or misrepresentation in the certification process;
6(4) Harasses, abuses or threatens a member of the [board] commission, evaluation
7 team or a support staff person who is administering the system;
8(5) Intentionally divulges confidential information relating to the certification
9 process, including content, topic, vocabulary, skills or any other testing material;
10(6) Fails to achieve a minimum satisfactory certification level.
112. The [board] commission shall provide that any hearing concerning the denial,
12 suspension or revocation of a certificate shall follow administrative procedures for hearings
13 as provided in chapter 621.
  209.318. 1. There is hereby established in the state treasury a fund to be known as the
2 "Missouri Commission for the Deaf and Hard of Hearing [Board of Certification of
3 Interpreters] Fund". All fees provided for in sections 209.287 to 209.318 shall be collected by
4 the executive director of the commission and shall be transmitted to the department of
5 revenue for deposit in the state treasury to the credit of the Missouri commission for the deaf
6 and hard of hearing [board of certification of interpreters] fund. Such funds, upon
7 appropriation, shall be disbursed only for payment of expenses of maintaining the [board]
8 commission and for the enforcement of the provisions of sections 209.287 to 209.318 and
9 shall not be used to pay the salary of the coordinator hired pursuant to section 209.289.
10 Warrants shall be drawn on the state treasury for payment out of the fund.
112. The provisions of section 33.080 to the contrary notwithstanding, money in this
12 fund shall not be transferred and placed to the credit of general revenue until the amount in
13 the fund at the end of the biennium exceeds two times the amount of the appropriation from
14 the fund for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that
15 amount in the fund which exceeds the appropriate multiple of the appropriations from the
16 fund for the preceding fiscal year.
173. The expenses of maintaining the [board] commission enforcement of the
18 provisions of sections 209.287 to 209.318 during the first fiscal year shall be paid by the
19 commission from funds appropriated from general revenue for that purpose.
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  209.321. 1. No person shall represent himself or herself as an interpreter or engage in
2 the practice of interpreting as defined in section 209.285 in the state of Missouri unless such
3 person is licensed as required by the provisions of sections 209.319 to 209.339.
42. A person registered, certified or licensed by this state, another state or any
5 recognized national certification agent, acceptable to the committee that allows that person to
6 practice any other occupation or profession in this state, is not considered to be interpreting if
7 he or she is in performance of the occupation or profession for which he or she is registered,
8 certified or licensed. The professions referred to in this subsection include, but are not limited
9 to, physicians, psychologists, nurses, certified public accountants, architects and attorneys.
103. A licensed interpreter shall limit his or her practice to demonstrated areas of
11 competence as documented by relevant professional education, training, experience and
12 certification. An interpreter not trained in an area shall not practice in that area without
13 obtaining additional relevant professional education, training and experience through an
14 acceptable program as defined by rule by the Missouri commission for the deaf and hard of
15 hearing.
164. A person is not considered to be interpreting pursuant to the provisions of this
17 section if, in a casual setting and as defined by rule, a person is acting as an interpreter
18 gratuitously or is engaged in interpreting incidental to traveling.
195. A person is not considered to be interpreting pursuant to the provisions of this
20 section if a person is engaged as a telecommunications operator providing deaf relay service
21 or operator services for the deaf.
226. A person is not considered to be interpreting under the provisions of this section if
23 the person is currently enrolled in an interpreter training program which has been accredited
24 by a certifying agency and approved by the committee. The training program shall offer a
25 degree in interpreting from an accredited institution of higher education. Persons exempted
26 under this provision shall engage only in activities and services that constitute part of a
27 supervised course of study and shall clearly designate themselves by a title of the student,
28 practicum student, student interpreter, trainee, or intern.
297. A person holding a current certification of license from another state or recognized
30 national certification system deemed acceptable by the committee is not considered to be
31 interpreting as defined in this chapter when temporarily present in the state for the purpose of
32 providing interpreting services for a convention, conference, meeting, professional group, or
33 educational field trip.
348. (1) The [board for certification of interpreters] commission shall grant a
35 provisional certificate in education for any applicant who meets either of the following
36 criteria:
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37(a) The applicant possesses a current valid certification in the Missouri interpreters
38 certification system at either the novice or apprentice level and holds a valid license to
39 provide interpreting services; or
40(b) The applicant has submitted an application for certification in the Missouri
41 interpreters certification system and an application for an interpreting license pursuant to
42 sections 209.319 to 209.339 and has taken the written test and performance test or attests that
43 he or she will complete the certification and licensure applications and take the written test
44 within sixty days following the date of application for a provisional certificate in education
45 and will complete the performance test within sixty days following passage of the written test.
46(2) The [board] commission shall issue the provisional certificate in education within
47 ten business days following receipt of a complete application.
48(3) A provisional certificate issued under paragraph (a) of subdivision (1) of this
49 subsection shall be valid for a term of three years and shall be renewed by the [board]
50 commission, upon request by the certificate holder, for one additional term of three years if
51 the certificate holder is reevaluated during the first term of issuance and achieves a higher
52 level of certification in the Missouri interpreter certification system.
53(4) A provisional certificate issued under paragraph (b) of subdivision (1) of this
54 subsection shall be valid for one year and shall be renewed, upon request by the certificate
55 holder, pursuant to subdivision (3) of this subsection if the certificate holder is reevaluated
56 during the term of issuance and achieves a certification in the Missouri interpreter
57 certification system. Such renewed certificate shall be subject to the term length and renewal
58 provisions of subdivision (3) of this subsection.
59(5) A provisional certificate in education shall be limited to providing interpreters
60 services in preschool, elementary and secondary school settings or as allowed by any other
61 valid Missouri certification or license held by the individual.
62(6) A provisional certificate in education may be revoked by the board if the person
63 makes any misrepresentations or fails to fulfill any commitment made pursuant to paragraph
64 (b) of subdivision (1) of this subsection, or violates the provisions of section 209.317 or
65 209.334 or breaks any of the ethical rules of conduct for interpreters as established by state
66 rule or fails to obtain the necessary continuing education credits required for certification
67 maintenance.
  209.322. The [board] commission shall recognize the following certificates:
2(1) National Registry of Interpreters for the Deaf (NRID) certificates, which include
3 Comprehensive Skills Certificate (CSC), Certificate of Interpreting/Certificate of
4 Transliteration (CI/CT) and Certified Deaf Interpreter (CDI);
5(2) National Association of the Deaf (NAD) certificate levels 3, 4 and 5; and
6(3) A provisional public school certificate.
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  217.151. 1. As used in this section, the following terms shall mean:
2(1) "Extraordinary circumstance", a substantial flight risk or some other extraordinary
3 medical or security circumstance that dictates restraints be used to ensure the safety and
4 security of a pregnant offender in her third trimester, a postpartum offender forty-eight hours
5 postdelivery, the staff of the correctional center or medical facility, other offenders, or the
6 public;
7(2) "Labor", the period of time before a birth during which contractions are present;
8(3) "Postpartum", the period of recovery immediately following childbirth, which is
9 six weeks for a vaginal birth or eight weeks for a cesarean birth, or longer if so determined by
10 a physician or nurse;
11(4) "Restraints", any physical restraint or other device used to control the movement
12 of a person's body or limbs.
132. Unless extraordinary circumstances exist as determined by a corrections officer, a
14 correctional center shall not use restraints on a pregnant offender in her third trimester during
15 transportation to and from visits to health care providers or court proceedings, or during
16 medical appointments and examinations, labor, delivery, or forty-eight hours postdelivery.
173. In the event a corrections officer determines that extraordinary circumstances exist
18 and restraints are necessary, the corrections officer shall fully document in writing within
19 forty-eight hours of the incident the reasons he or she determined such extraordinary
20 circumstances existed, the type of restraints used, and the reasons those restraints were
21 considered the least restrictive available and the most reasonable under the circumstances.
22 Such documents shall be kept on file by the correctional center for at least ten years from the
23 date the restraints were used.
244. Any time restraints are used on a pregnant offender in her third trimester or on a
25 postpartum offender forty-eight hours postdelivery, the restraints shall be the least restrictive
26 available and the most reasonable under the circumstances. In no case shall leg, ankle, or
27 waist restraints or any mechanical restraints be used on any such offender, and if wrist
28 restraints are used, such restraints shall be placed in the front of such offender's body to
29 protect the offender and unborn child in the case of a forward fall.
305. If a doctor, nurse, or other health care provider treating the pregnant offender in her
31 third trimester or the postpartum offender forty-eight hours postdelivery requests that
32 restraints not be used, the corrections officer accompanying such offender shall immediately
33 remove all restraints.
346. Pregnant offenders shall be transported in vehicles equipped with seatbelts.
357. The [sentencing and corrections oversight commission established under section
36 217.147 and the] advisory committee established under section 217.015 shall conduct
37 biannual reviews of every report written on the use of restraints on a pregnant offender in her
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38 third trimester or on a postpartum offender forty-eight hours postdelivery in accordance with
39 subsection 3 of this section to determine compliance with this section. The written reports
40 shall be kept on file by the department for ten years.
418. The chief administrative officer, or equivalent position, of each correctional center
42 shall:
43(1) Ensure that employees of the correctional center are provided with training, which
44 may include online training, on the provisions of this section and section 217.147; and
45(2) Inform female offenders, in writing and orally, of any policies and practices
46 developed in accordance with this section upon admission to the correctional center,
47 including policies and practices in any offender handbook, and post the policies and practices
48 in locations in the correctional center where such notices are commonly posted and will be
49 seen by female offenders, including common housing areas and health care facilities.
509. The provisions of this section shall apply only to the department of corrections.
  217.550. 1. The department shall establish and operate at its correctional centers a
2 vocational enterprise program which includes industries, services, vocational training, and
3 agribusiness operations. The director shall have general supervision over planning,
4 establishment and management of all vocational enterprise operations provided by and within
5 the department and shall decide at which correctional center each vocational enterprise shall
6 be located, taking into consideration the offender custody levels, the number of offenders in
7 each correctional center so the best service or distribution of labor may be secured, location
8 and convenience of the correctional centers in relation to the other correctional centers to be
9 supplied or served and the machinery presently contained in each correctional center.
102. [No service shall be established or renewed without prior approval by the advisory
11 board of vocational enterprises program established by section 217.555. The board shall
12 make a finding that the establishment of the service shall be beneficial to those offenders
13 involved and shall not adversely affect any statewide economic group or industry.
143.] The annual report of Missouri vocational enterprises submitted to the director
15 shall include:
16(1) A list of the correctional industries, services, vocational training programs, and
17 agribusinesses in operation;
18(2) A list of correctional industries, services, vocational training programs, and
19 agribusinesses started, terminated, moved, expanded, or reduced during the period;
20(3) The average number of offenders employed in each correctional industry, service,
21 vocational training program, or agribusiness operation;
22(4) The volume of sales of articles, services, and materials manufactured, grown,
23 processed or provided;
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24(5) An operating statement showing the profit or loss of each industry, service,
25 vocational training program, and agribusiness operation;
26(6) The amount of sales to state agencies or institutions, to political subdivisions of
27 the state, or any other entity with which the vocational enterprise program does business, and
28 the amount of open market sales, if any; and
29(7) Such other information concerning the correctional industries, services, vocational
30 training programs, and agribusiness operations as requested by the director.
  261.235. [1.] There is hereby created in the state treasury for the use of the
2 agriculture business development division of the state department of agriculture a fund to be
3 known as "The AgriMissouri Fund". All moneys received by the state department of
4 agriculture for Missouri agricultural products marketing development from any source,
5 including trademark fees, shall be deposited in the fund. Moneys deposited in the fund shall,
6 upon appropriation by the general assembly to the state department of agriculture, be
7 expended by the agriculture business development division of the state department of
8 agriculture for promotion of Missouri agricultural products under the AgriMissouri program.
9 The unexpended balance in the AgriMissouri fund at the end of the biennium shall not be
10 transferred to the general revenue fund of the state treasury and accordingly shall be exempt
11 from the provisions of section 33.080 relating to transfer of funds to the ordinary revenue
12 funds of the state by the state treasurer.
13[2. There is hereby created within the department of agriculture the "AgriMissouri
14 Advisory Commission for Marketing Missouri Agricultural Products". The commission shall
15 establish guidelines, and make recommendations to the director of agriculture, for the use of
16 funds appropriated by the general assembly for the agriculture business development division
17 of the department of agriculture, and for all funds collected or appropriated to the
18 AgriMissouri fund created pursuant to subsection 1 of this section. The guidelines shall focus
19 on the promotion of the AgriMissouri trademark associated with Missouri agricultural
20 products that have been approved by the general assembly, and shall advance the following
21 objectives:
22(1) Increasing the impact and fostering the effectiveness of local efforts to promote
23 Missouri agricultural products;
24(2) Enabling and encouraging expanded advertising efforts for Missouri agricultural
25 products;
26(3) Encouraging effective, high-quality advertising projects, innovative marketing
27 strategies, and the coordination of local, regional and statewide marketing efforts;
28(4) Providing training and technical assistance to cooperative-marketing partners of
29 Missouri agricultural products.
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303. The commission may establish a fee structure for sellers electing to use the
31 AgriMissouri trademark associated with Missouri agricultural products, so long as the fees
32 established and collected under this subsection do not yield revenue greater than the total cost
33 of administering this section during the ensuing year. All trademark fees shall be deposited to
34 the credit of the AgriMissouri fund, created pursuant to this section.
354. The commission shall consist of nine members appointed by the governor with the
36 advice and consent of the senate. One member shall be the director of the agriculture
37 business development division of the department of agriculture, or his or her representative.
38 At least one member shall be a specialist in advertising; at least one member shall be a
39 specialist in agribusiness; at least one member shall be a specialist in the retail grocery
40 business; at least one member shall be a specialist in communications; at least one member
41 shall be a specialist in product distribution; at least one member shall be a family farmer with
42 expertise in livestock farming; at least one member shall be a family farmer with expertise in
43 grain farming and at least one member shall be a family farmer with expertise in organic
44 farming. Members shall serve for four-year terms, except in the first appointments three
45 members shall be appointed for terms of four years, three members shall be appointed for
46 terms of three years and three members shall be appointed for terms of two years each. Any
47 member appointed to fill a vacancy of an unexpired term shall be appointed for the remainder
48 of the term of the member causing the vacancy. The governor shall appoint a chairperson of
49 the commission, subject to ratification by the commission.
505. Commission members shall receive no compensation but shall be reimbursed for
51 actual and necessary expenses incurred in the performance of their official duties on the
52 commission. The division of agriculture business development of the department of
53 agriculture shall provide all necessary staff and support services as required by the
54 commission to hold commission meetings, to maintain records of official acts and to conduct
55 all other business of the commission. The commission shall meet quarterly and at any such
56 time that it deems necessary. Meetings may be called by the chairperson or by a petition
57 signed by a majority of the members of the commission. Ten days' notice shall be given in
58 writing to such members prior to the meeting date. A simple majority of the members of the
59 commission shall be present to constitute a quorum. Proxy voting shall not be permitted.
606. If the commission does establish a fee structure as permitted under subsection 3 of
61 this section, the agriculture business development division of the department of agriculture
62 shall promulgate rules establishing the commission's fee structure. The department of
63 agriculture shall also promulgate rules and regulations for the implementation of this section.
64 Any rule or portion of a rule, as that term is defined in section 536.010, that is created under
65 the authority delegated in this section shall become effective only if it complies with and is
66 subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section
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67 and chapter 536 are nonseverable and if any of the powers vested with the general assembly
68 pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a
69 rule are subsequently held unconstitutional, then the grant of rulemaking authority and any
70 rule proposed or adopted after August 28, 2016, shall be invalid and void.]
  288.040. 1. A claimant who is unemployed and has been determined to be an insured
2 worker shall be eligible for benefits for any week only if the deputy finds that:
3(1) The claimant has registered for work at and thereafter has continued to report at an
4 employment office in accordance with such regulations as the division may prescribe;
5(2) The claimant is able to work and is available for work. No person shall be
6 deemed available for work unless such person has been and is actively and earnestly seeking
7 work. Upon the filing of an initial or renewed claim, and prior to the filing of each weekly
8 claim thereafter, the deputy shall notify each claimant of the number of work search contacts
9 required to constitute an active search for work. Unless the deputy directs otherwise, a
10 claimant shall make a minimum of three work search contacts during any week for which he
11 or she claims benefits. No person shall be considered not available for work, pursuant to this
12 subdivision, solely because he or she is a substitute teacher or is on jury duty. A claimant
13 shall not be determined to be ineligible pursuant to this subdivision because of not actively
14 and earnestly seeking work if:
15(a) The claimant is participating in training approved pursuant to Section 236 of the
16 Trade Act of 1974, as amended, (19 U.S.C.A. Sec. 2296, as amended);
17(b) The claimant is temporarily unemployed through no fault of his or her own and
18 has a definite recall date within eight weeks of his or her first day of unemployment; however,
19 upon application of the employer responsible for the claimant's unemployment, such eight-
20 week period may be extended not to exceed a total of sixteen weeks at the discretion of the
21 director;
22(3) The claimant has reported to an office of the division as directed by the deputy,
23 but at least once every four weeks, except that a claimant shall be exempted from the
24 reporting requirement of this subdivision if:
25(a) The claimant is claiming benefits in accordance with division regulations dealing
26 with partial or temporary total unemployment; or
27(b) The claimant is temporarily unemployed through no fault of his or her own and
28 has a definite recall date within eight weeks of his or her first day of unemployment; or
29(c) The director of the division of employment security has determined that the
30 claimant belongs to a group or class of workers whose opportunities for reemployment will
31 not be enhanced by reporting, or is prevented from reporting due to emergency conditions that
32 limit access by the general public to an office that serves the area where the claimant resides,
33 but only during the time such circumstances exist.
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34
35 Ineligibility pursuant to this subdivision shall begin on the first day of the week which the
36 claimant was scheduled to claim and shall end on the last day of the week preceding the week
37 during which the claimant does report to the division's office;
38(4) Prior to the first week of a period of total or partial unemployment for which the
39 claimant claims benefits he or she has been totally or partially unemployed for a waiting
40 period of one week. No more than one waiting week will be required in any benefit year.
41 During calendar year 2008 and each calendar year thereafter, the one-week waiting period
42 shall become compensable once his or her remaining balance on the claim is equal to or less
43 than the compensable amount for the waiting period. No week shall be counted as a week of
44 total or partial unemployment for the purposes of this subsection unless it occurs within the
45 benefit year which includes the week with respect to which the claimant claims benefits;
46(5) The claimant has made a claim for benefits within fourteen days from the last day
47 of the week being claimed. The fourteen-day period may, for good cause, be extended to
48 twenty-eight days;
49(6) The claimant has reported to an employment office to participate in a
50 reemployment assessment and reemployment services as directed by the deputy or designated
51 staff of an employment office, unless the deputy determines that good cause exists for the
52 claimant's failure to participate in such reemployment assessment and reemployment services.
53 For purposes of this section, "reemployment services" may include, but not be limited to, the
54 following:
55(a) Providing an orientation to employment office services;
56(b) Providing job search assistance; and
57(c) Providing labor market statistics or analysis;
58
59 Ineligibility under this subdivision shall begin on the first day of the week which the claimant
60 was scheduled to report for the reemployment assessment or reemployment services and shall
61 end on the last day of the week preceding the week during which the claimant does report in
62 person to the employment office for such reemployment assessment or reemployment
63 services;
64(7) The claimant is participating in reemployment services, such as job search
65 assistance services, as directed by the deputy if the claimant has been determined to be likely
66 to exhaust regular benefits and to need reemployment services pursuant to a profiling system
67 established by the division, unless the deputy determines that:
68(a) The individual has completed such reemployment services; or
69(b) There is justifiable cause for the claimant's failure to participate in such
70 reemployment services.
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712. A claimant shall be ineligible for waiting week credit or benefits for any week for
72 which the deputy finds he or she is or has been suspended by his or her most recent employer
73 for misconduct connected with his or her work. Suspensions of four weeks or more shall be
74 treated as discharges.
753. (1) Benefits based on "service in employment", described in subsections 7 and 8 of
76 section 288.034, shall be payable in the same amount, on the same terms and subject to the
77 same conditions as compensation payable on the basis of other service subject to this law;
78 except that:
79(a) With respect to service performed in an instructional, research, or principal
80 administrative capacity for an educational institution, benefits shall not be paid based on such
81 services for any week of unemployment commencing during the period between two
82 successive academic years or terms, or during a similar period between two regular but not
83 successive terms, or during a period of paid sabbatical leave provided for in the individual's
84 contract, to any individual if such individual performs such services in the first of such
85 academic years (or terms) and if there is a contract or a reasonable assurance that such
86 individual will perform services in any such capacity for any educational institution in the
87 second of such academic years or terms;
88(b) With respect to services performed in any capacity (other than instructional,
89 research, or principal administrative capacity) for an educational institution, benefits shall not
90 be paid on the basis of such services to any individual for any week which commences during
91 a period between two successive academic years or terms if such individual performs such
92 services in the first of such academic years or terms and there is a contract or a reasonable
93 assurance that such individual will perform such services in the second of such academic
94 years or terms;
95(c) With respect to services described in paragraphs (a) and (b) of this subdivision,
96 benefits shall not be paid on the basis of such services to any individual for any week which
97 commences during an established and customary vacation period or holiday recess if such
98 individual performed such services in the period immediately before such vacation period or
99 holiday recess, and there is reasonable assurance that such individual will perform such
100 services immediately following such vacation period or holiday recess;
101(d) With respect to services described in paragraphs (a) and (b) of this subdivision,
102 benefits payable on the basis of services in any such capacity shall be denied as specified in
103 paragraphs (a), (b), and (c) of this subdivision to any individual who performed such services
104 at an educational institution while in the employ of an educational service agency, and for this
105 purpose the term "educational service agency" means a governmental agency or
106 governmental entity which is established and operated exclusively for the purpose of
107 providing such services to one or more educational institutions.
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108(2) If compensation is denied for any week pursuant to paragraph (b) or (d) of
109 subdivision (1) of this subsection to any individual performing services at an educational
110 institution in any capacity (other than instructional, research or principal administrative
111 capacity), and such individual was not offered an opportunity to perform such services for the
112 second of such academic years or terms, such individual shall be entitled to a retroactive
113 payment of the compensation for each week for which the individual filed a timely claim for
114 compensation and for which compensation was denied solely by reason of paragraph (b) or
115 (d) of subdivision (1) of this subsection.
1164. (1) A claimant shall be ineligible for waiting week credit, benefits or shared work
117 benefits for any week for which he or she is receiving or has received remuneration exceeding
118 his or her weekly benefit amount or shared work benefit amount in the form of:
119(a) Compensation for temporary partial disability pursuant to the workers'
120 compensation law of any state or pursuant to a similar law of the United States;
121(b) A governmental or other pension, retirement or retired pay, annuity, or other
122 similar periodic payment which is based on the previous work of such claimant to the extent
123 that such payment is provided from funds provided by a base period or chargeable employer
124 pursuant to a plan maintained or contributed to by such employer; but, except for such
125 payments made pursuant to the Social Security Act or the Railroad Retirement Act of 1974
126 (or the corresponding provisions of prior law), the provisions of this paragraph shall not apply
127 if the services performed for such employer by the claimant after the beginning of the base
128 period (or remuneration for such services) do not affect eligibility for or increase the amount
129 of such pension, retirement or retired pay, annuity or similar payment.
130(2) If the remuneration referred to in this subsection is less than the benefits which
131 would otherwise be due, the claimant shall be entitled to receive for such week, if otherwise
132 eligible, benefits reduced by the amount of such remuneration, and, if such benefit is not a
133 multiple of one dollar, such amount shall be lowered to the next multiple of one dollar.
134(3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, if a
135 claimant has contributed in any way to the Social Security Act or the Railroad Retirement Act
136 of 1974, or the corresponding provisions of prior law, no part of the payments received
137 pursuant to such federal law shall be deductible from the amount of benefits received
138 pursuant to this chapter.
1395. A claimant shall be ineligible for waiting week credit or benefits for any week for
140 which or a part of which he or she has received or is seeking unemployment benefits pursuant
141 to an unemployment insurance law of another state or the United States; provided, that if it be
142 finally determined that the claimant is not entitled to such unemployment benefits, such
143 ineligibility shall not apply.
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1446. (1) A claimant shall be ineligible for waiting week credit or benefits for any week
145 for which the deputy finds that such claimant's total or partial unemployment is due to a
146 stoppage of work which exists because of a labor dispute in the factory, establishment or other
147 premises in which such claimant is or was last employed. In the event the claimant secures
148 other employment from which he or she is separated during the existence of the labor dispute,
149 the claimant must have obtained bona fide employment as a permanent employee for at least
150 the major part of each of two weeks in such subsequent employment to terminate his or her
151 ineligibility. If, in any case, separate branches of work which are commonly conducted as
152 separate businesses at separate premises are conducted in separate departments of the same
153 premises, each such department shall for the purposes of this subsection be deemed to be a
154 separate factory, establishment or other premises. This subsection shall not apply if it is
155 shown to the satisfaction of the deputy that:
156(a) The claimant is not participating in or financing or directly interested in the labor
157 dispute which caused the stoppage of work; and
158(b) The claimant does not belong to a grade or class of workers of which,
159 immediately preceding the commencement of the stoppage, there were members employed at
160 the premises at which the stoppage occurs, any of whom are participating in or financing or
161 directly interested in the dispute.
162(2) "Stoppage of work" as used in this subsection means a substantial diminution of
163 the activities, production or services at the establishment, plant, factory or premises of the
164 employing unit. This definition shall not apply to a strike where the employees in the
165 bargaining unit who initiated the strike are participating in the strike. Such employees shall
166 not be eligible for waiting week credit or benefits during the period when the strike is in
167 effect, regardless of diminution, unless the employer has been found guilty of an unfair labor
168 practice by the National Labor Relations Board or a federal court of law for an act or actions
169 preceding or during the strike.
1707. On or after January 1, 1978, benefits shall not be paid to any individual on the basis
171 of any services, substantially all of which consist of participating in sports or athletic events
172 or training or preparing to so participate, for any week which commences during the period
173 between two successive sport seasons (or similar periods) if such individual performed such
174 services in the first of such seasons (or similar periods) and there is a reasonable assurance
175 that such individual will perform such services in the later of such seasons (or similar
176 periods).
1778. Benefits shall not be payable on the basis of services performed by an alien, unless
178 such alien is an individual who was lawfully admitted for permanent residence at the time
179 such services were performed, was lawfully present for purposes of performing such services,
180 or was permanently residing in the United States under color of law at the time such services
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181 were performed (including an alien who was lawfully present in the United States as a result
182 of the application of the provisions of Section 212(d)(5) of the Immigration and Nationality
183 Act).
184(1) Any data or information required of individuals applying for benefits to determine
185 whether benefits are not payable to them because of their alien status shall be uniformly
186 required from all applicants for benefits.
187(2) In the case of an individual whose application for benefits would otherwise be
188 approved, no determination that benefits to such individual are not payable because of such
189 individual's alien status shall be made except upon a preponderance of the evidence.
1909. A claimant shall be ineligible for waiting week credit or benefits for any week such
191 claimant has an outstanding penalty which was assessed based upon an overpayment of
192 benefits, as provided for in subsection 9 of section 288.380.
19310. The directors of the division of employment security and the [division] office of
194 workforce development shall submit to the governor, the speaker of the house of
195 representatives, and the president pro tem of the senate no later than October 15, 2006, a
196 report outlining their recommendations for how to improve work search verification and
197 claimant reemployment activities. The recommendations shall include, but not limited to
198 how to best utilize "greathires.org", and how to reduce the average duration of unemployment
199 insurance claims. Each calendar year thereafter, the directors shall submit a report containing
200 their recommendations on these issues by December thirty-first of each year.
20111. For purposes of this section, a claimant may satisfy reporting requirements
202 provided under this section by reporting by internet communication or any other means
203 deemed acceptable by the division of employment security.
  301.140. 1. Upon the transfer of ownership of any motor vehicle or trailer, the
2  certificate of registration and the right to use the number plates shall expire and the number
3  plates shall be removed by the owner at the time of the transfer of possession, and it shall be
4  unlawful for any person other than the person to whom such number plates were originally
5  issued to have the same in his or her possession whether in use or not, unless such possession
6  is solely for charitable purposes; except that the buyer of a motor vehicle or trailer who trades
7  in a motor vehicle or trailer may attach the license plates from the traded-in motor vehicle or
8  trailer to the newly purchased motor vehicle or trailer. The operation of a motor vehicle with
9  such transferred plates shall be lawful for no more than thirty days[, or no more than ninety
10  days if the dealer is selling the motor vehicle under the provisions of section 301.213,] or no
11  more than sixty days if the dealer is selling the motor vehicle under the provisions of
12  subsection 5 of section 301.210. As used in this subsection, the term "trade-in motor vehicle
13  or trailer" shall include any single motor vehicle or trailer sold by the buyer of the newly
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14 purchased vehicle or trailer, as long as the license plates for the trade-in motor vehicle or
15 trailer are still valid.
162. In the case of a transfer of ownership the original owner may register another
17 motor vehicle under the same number, upon the payment of a fee of two dollars, if the motor
18 vehicle is of horsepower, gross weight or (in the case of a passenger-carrying commercial
19 motor vehicle) seating capacity, not in excess of that originally registered. When such motor
20 vehicle is of greater horsepower, gross weight or (in the case of a passenger-carrying
21 commercial motor vehicle) seating capacity, for which a greater fee is prescribed, the
22 applicant shall pay a transfer fee of two dollars and a pro rata portion for the difference in
23 fees. When such vehicle is of less horsepower, gross weight or (in case of a passenger-
24 carrying commercial motor vehicle) seating capacity, for which a lesser fee is prescribed, the
25 applicant shall not be entitled to a refund.
263. License plates may be transferred from a motor vehicle which will no longer be
27 operated to a newly purchased motor vehicle by the owner of such vehicles. The owner shall
28 pay a transfer fee of two dollars if the newly purchased vehicle is of horsepower, gross weight
29 or (in the case of a passenger-carrying commercial motor vehicle) seating capacity, not in
30 excess of that of the vehicle which will no longer be operated. When the newly purchased
31 motor vehicle is of greater horsepower, gross weight or (in the case of a passenger-carrying
32 commercial motor vehicle) seating capacity, for which a greater fee is prescribed, the
33 applicant shall pay a transfer fee of two dollars and a pro rata portion of the difference in fees.
34 When the newly purchased vehicle is of less horsepower, gross weight or (in the case of a
35 passenger-carrying commercial motor vehicle) seating capacity, for which a lesser fee is
36 prescribed, the applicant shall not be entitled to a refund.
374. (1) The director of the department of revenue shall have authority to produce or
38 allow others to produce a weather resistant, nontearing temporary permit authorizing the
39 operation of a motor vehicle or trailer by a buyer for not more than thirty days, or no more
40 than sixty days if issued by a dealer selling the motor vehicle under the provisions of
41 subsection 5 of section 301.210, from the date of purchase. The temporary permit authorized
42 under this section may be purchased by the purchaser of a motor vehicle or trailer from the
43 central office of the department of revenue or from an authorized agent of the department of
44 revenue upon satisfaction of all applicable taxes under chapter 144, upon proof of purchase of
45 a motor vehicle or trailer for which the buyer has no registration plate available for transfer
46 and upon proof of financial responsibility, or from a motor vehicle dealer upon purchase of a
47 motor vehicle or trailer for which the buyer has no registration plate available for transfer, or
48 from a motor vehicle dealer upon purchase of a motor vehicle or trailer for which the buyer
49 has registered and is awaiting receipt of registration plates. The director of the department of
50 revenue or a producer authorized by the director of the department of revenue may make
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51 temporary permits available to registered dealers in this state, authorized agents of the
52 department of revenue or the department of revenue. The price paid by a motor vehicle
53 dealer, an authorized agent of the department of revenue or the department of revenue for a
54 temporary permit shall not exceed five dollars for each permit. The director of the
55 department of revenue shall direct motor vehicle dealers and authorized agents to obtain
56 temporary permits from an authorized producer. Amounts received by the director of the
57 department of revenue for temporary permits shall constitute state revenue; however, amounts
58 received by an authorized producer other than the director of the department of revenue shall
59 not constitute state revenue and any amounts received by motor vehicle dealers or authorized
60 agents for temporary permits purchased from a producer other than the director of the
61 department of revenue shall not constitute state revenue. In no event shall revenues from the
62 general revenue fund or any other state fund be utilized to compensate motor vehicle dealers
63 or other producers for their role in producing temporary permits as authorized under this
64 section. Amounts that do not constitute state revenue under this section shall also not
65 constitute fees for registration or certificates of title to be collected by the director of the
66 department of revenue under section 301.190. No motor vehicle dealer, authorized agent or
67 the department of revenue shall charge more than five dollars for each permit issued. The
68 permit shall be valid for a period of thirty days[, or no more than ninety days if issued by a
69 dealer selling the motor vehicle under the provisions of section 301.213,] or no more than
70 sixty days if issued by a dealer selling the motor vehicle under the provisions of subsection 5
71 of section 301.210, from the date of purchase of a motor vehicle or trailer, or from the date of
72 sale of the motor vehicle or trailer by a motor vehicle dealer for which the purchaser obtains a
73 permit as set out above. No permit shall be issued for a vehicle under this section unless the
74 buyer shows proof of financial responsibility. Each temporary permit issued shall be securely
75 fastened to the back or rear of the motor vehicle in a manner and place on the motor vehicle
76 consistent with registration plates so that all parts and qualities of the temporary permit
77 thereof shall be plainly and clearly visible, reasonably clean and are not impaired in any way.
78(2) The provisions of subdivision (1) of this subsection requiring satisfaction of all
79 applicable taxes under chapter 144 shall become effective only upon notification by the
80 director of the department of revenue that implementation of such requirements are
81 technologically feasible following the development and maintenance of a modernized,
82 integrated system for the titling of vehicles, the issuance and renewal of vehicle registrations,
83 the issuance and renewal of drivers' licenses and identification cards, and the perfection and
84 release of liens and encumbrances on vehicles.
855. The permit shall be issued on a form prescribed by the director of the department of
86 revenue and issued only for the applicant's temporary operation of the motor vehicle or trailer
87 purchased to enable the applicant to temporarily operate the motor vehicle while proper title
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88 and registration plates are being obtained, or while awaiting receipt of registration plates, and
89 shall be displayed on no other motor vehicle. Temporary permits issued pursuant to this
90 section shall not be transferable or renewable, shall not be valid upon issuance of proper
91 registration plates for the motor vehicle or trailer, and shall be returned to the department or to
92 the department's agent upon the issuance of such proper registration plates. Any temporary
93 permit returned to the department or to the department's agent shall be immediately
94 destroyed. The provisions of this subsection shall not apply to temporary permits issued for
95 commercial motor vehicles licensed in excess of twenty-four thousand pounds gross weight.
96 The director of the department of revenue shall determine the size, material, design,
97 numbering configuration, construction, and color of the permit. The director of the
98 department of revenue, at his or her discretion, shall have the authority to reissue, and thereby
99 extend the use of, a temporary permit previously and legally issued for a motor vehicle or
100 trailer while proper title and registration are being obtained.
1016. Every motor vehicle dealer that issues temporary permits shall keep, for inspection
102 by proper officers, an accurate record of each permit issued by recording the permit number,
103 the motor vehicle dealer's number, buyer's name and address, the motor vehicle's year, make,
104 and manufacturer's vehicle identification number, and the permit's date of issuance and
105 expiration date. Upon the issuance of a temporary permit by either the central office of the
106 department of revenue, a motor vehicle dealer or an authorized agent of the department of
107 revenue, the director of the department of revenue shall make the information associated with
108 the issued temporary permit immediately available to the law enforcement community of the
109 state of Missouri.
1107. Upon the transfer of ownership of any currently registered motor vehicle wherein
111 the owner cannot transfer the license plates due to a change of motor vehicle category, the
112 owner may surrender the license plates issued to the motor vehicle and receive credit for any
113 unused portion of the original registration fee against the registration fee of another motor
114 vehicle. Such credit shall be granted based upon the date the license plates are surrendered.
115 No refunds shall be made on the unused portion of any license plates surrendered for such
116 credit.
1178. An additional temporary license plate produced in a manner and of materials
118 determined by the director to be the most cost-effective means of production with a
119 configuration that matches an existing or newly issued plate may be purchased by a motor
120 vehicle owner to be placed in the interior of the vehicle's rear window such that the driver's
121 view out of the rear window is not obstructed and the plate configuration is clearly visible
122 from the outside of the vehicle to serve as the visible plate when a bicycle rack or other item
123 obstructs the view of the actual plate. Such temporary plate is only authorized for use when
124 the matching actual plate is affixed to the vehicle in the manner prescribed in subsection 5 of
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125 section 301.130. The fee charged for the temporary plate shall be equal to the fee charged for
126 a temporary permit issued under subsection 4 of this section. Replacement temporary plates
127 authorized in this subsection may be issued as needed upon the payment of a fee equal to the
128 fee charged for a temporary permit under subsection 4 of this section. The newly produced
129 third plate may only be used on the vehicle with the matching plate, and the additional plate
130 shall be clearly recognizable as a third plate and only used for the purpose specified in this
131 subsection.
1329. Notwithstanding the provisions of section 301.217, the director may issue a
133 temporary permit to an individual who possesses a salvage motor vehicle which requires an
134 inspection under subsection 9 of section 301.190. The operation of a salvage motor vehicle
135 for which the permit has been issued shall be limited to the most direct route from the
136 residence, maintenance, or storage facility of the individual in possession of such motor
137 vehicle to the nearest authorized inspection facility and return to the originating location.
138 Notwithstanding any other requirements for the issuance of a temporary permit under this
139 section, an individual obtaining a temporary permit for the purpose of operating a motor
140 vehicle to and from an examination facility as prescribed in this subsection shall also
141 purchase the required motor vehicle examination form which is required to be completed for
142 an examination under subsection 9 of section 301.190 and provide satisfactory evidence that
143 such vehicle has passed a motor vehicle safety inspection for such vehicle as required in
144 section 307.350.
14510. The director of the department of revenue may promulgate all necessary rules and
146 regulations for the administration of this section. Any rule or portion of a rule, as that term is
147 defined in section 536.010, that is created under the authority delegated in this section shall
148 become effective only if it complies with and is subject to all of the provisions of chapter 536
149 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any
150 of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the
151 effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then
152 the grant of rulemaking authority and any rule proposed or adopted after August 28, 2012,
153 shall be invalid and void.
15411. The repeal and reenactment of this section shall become effective on the date the
155 department of revenue or a producer authorized by the director of the department of revenue
156 begins producing temporary permits described in subsection 4 of such section, or on July 1,
157 2013, whichever occurs first. If the director of revenue or a producer authorized by the
158 director of the department of revenue begins producing temporary permits prior to July 1,
159 2013, the director of the department of revenue shall notify the revisor of statutes of such fact.
  301.190. 1. No certificate of registration of any motor vehicle or trailer, or number
  2 plate therefor, shall be issued by the director of revenue unless the applicant therefor shall
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3 make application for and be granted a certificate of ownership of such motor vehicle or trailer,
4 or shall present satisfactory evidence that such certificate has been previously issued to the
5 applicant for such motor vehicle or trailer. Application shall be made within thirty days after
6 the applicant acquires the motor vehicle or trailer, unless the motor vehicle was acquired
7 under [section 301.213 or] subsection 5 of section 301.210 in which case the applicant shall
8 make application within thirty days after receiving title from the dealer, upon a blank form
9 furnished by the director of revenue and shall contain the applicant's identification number, a
10 full description of the motor vehicle or trailer, the vehicle identification number, and the
11 mileage registered on the odometer at the time of transfer of ownership, as required by section
12 407.536, together with a statement of the applicant's source of title and of any liens or
13 encumbrances on the motor vehicle or trailer, provided that for good cause shown the director
14 of revenue may extend the period of time for making such application. When an owner wants
15 to add or delete a name or names on an application for certificate of ownership of a motor
16 vehicle or trailer that would cause it to be inconsistent with the name or names listed on the
17 notice of lien, the owner shall provide the director with documentation evidencing the
18 lienholder's authorization to add or delete a name or names on an application for certificate of
19 ownership.
202. The director of revenue shall use reasonable diligence in ascertaining whether the
21 facts stated in such application are true and shall, to the extent possible without substantially
22 delaying processing of the application, review any odometer information pertaining to such
23 motor vehicle that is accessible to the director of revenue. If satisfied that the applicant is the
24 lawful owner of such motor vehicle or trailer, or otherwise entitled to have the same
25 registered in his name, the director shall thereupon issue an appropriate certificate over his
26 signature and sealed with the seal of his office, procured and used for such purpose. The
27 certificate shall contain on its face a complete description, vehicle identification number, and
28 other evidence of identification of the motor vehicle or trailer, as the director of revenue may
29 deem necessary, together with the odometer information required to be put on the face of the
30 certificate pursuant to section 407.536, a statement of any liens or encumbrances which the
31 application may show to be thereon, and, if ownership of the vehicle has been transferred, the
32 name of the state issuing the transferor's title and whether the transferor's odometer mileage
33 statement executed pursuant to section 407.536 indicated that the true mileage is materially
34 different from the number of miles shown on the odometer, or is unknown.
353. The director of revenue shall appropriately designate on the current and all
36 subsequent issues of the certificate the words "Reconstructed Motor Vehicle", "Motor Change
37 Vehicle", "Specially Constructed Motor Vehicle", or "Non-USA-Std Motor Vehicle", as
38 defined in section 301.010. Effective July 1, 1990, on all original and all subsequent issues of
39 the certificate for motor vehicles as referenced in subsections 2 and 3 of section 301.020, the
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40 director shall print on the face thereof the following designation: "Annual odometer updates
41 may be available from the department of revenue.". On any duplicate certificate, the director
42 of revenue shall reprint on the face thereof the most recent of either:
43(1) The mileage information included on the face of the immediately prior certificate
44 and the date of purchase or issuance of the immediately prior certificate; or
45(2) Any other mileage information provided to the director of revenue, and the date
46 the director obtained or recorded that information.
474. The certificate of ownership issued by the director of revenue shall be
48 manufactured in a manner to prohibit as nearly as possible the ability to alter, counterfeit,
49 duplicate, or forge such certificate without ready detection. In order to carry out the
50 requirements of this subsection, the director of revenue may contract with a nonprofit
51 scientific or educational institution specializing in the analysis of secure documents to
52 determine the most effective methods of rendering Missouri certificates of ownership
53 nonalterable or noncounterfeitable.
545. The fee for each original certificate so issued shall be eight dollars and fifty cents,
55 in addition to the fee for registration of such motor vehicle or trailer. If application for the
56 certificate is not made within thirty days after the vehicle is acquired by the applicant, or
57 where the motor vehicle was acquired under [section 301.213 or] subsection 5 of section
58 301.210 and the applicant fails to make application within thirty days after receiving title
59 from the dealer, a delinquency penalty fee of twenty-five dollars for the first thirty days of
60 delinquency and twenty-five dollars for each thirty days of delinquency thereafter, not to
61 exceed a total of two hundred dollars, but such penalty may be waived by the director for a
62 good cause shown. If the director of revenue learns that any person has failed to obtain a
63 certificate within thirty days after acquiring a motor vehicle or trailer, or where the motor
64 vehicle was acquired under [section 301.213 or] subsection 5 of section 301.210 and the
65 applicant fails to make application within thirty days after receiving title from the dealer, or
66 has sold a vehicle without obtaining a certificate, he shall cancel the registration of all
67 vehicles registered in the name of the person, either as sole owner or as a co-owner, and shall
68 notify the person that the cancellation will remain in force until the person pays the
69 delinquency penalty fee provided in this section, together with all fees, charges and payments
70 which the person should have paid in connection with the certificate of ownership and
71 registration of the vehicle. The certificate shall be good for the life of the motor vehicle or
72 trailer so long as the same is owned or held by the original holder of the certificate and shall
73 not have to be renewed annually.
746. Any applicant for a certificate of ownership requesting the department of revenue
75 to process an application for a certificate of ownership in an expeditious manner requiring
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76 special handling shall pay a fee of five dollars in addition to the regular certificate of
77 ownership fee.
787. It is unlawful for any person to operate in this state a motor vehicle or trailer
79 required to be registered under the provisions of the law unless a certificate of ownership has
80 been applied for as provided in this section.
818. Before an original Missouri certificate of ownership is issued, an inspection of the
82 vehicle and a verification of vehicle identification numbers shall be made by the Missouri
83 state highway patrol on vehicles for which there is a current title issued by another state if a
84 Missouri salvage certificate of title has been issued for the same vehicle but no prior
85 inspection and verification has been made in this state, except that if such vehicle has been
86 inspected in another state by a law enforcement officer in a manner comparable to the
87 inspection process in this state and the vehicle identification numbers have been so verified,
88 the applicant shall not be liable for the twenty-five dollar inspection fee if such applicant
89 submits proof of inspection and vehicle identification number verification to the director of
90 revenue at the time of the application. The applicant, who has such a title for a vehicle on
91 which no prior inspection and verification have been made, shall pay a fee of twenty-five
92 dollars for such verification and inspection, payable to the director of revenue at the time of
93 the request for the application, which shall be deposited in the state treasury to the credit of
94 the state highways and transportation department fund.
959. Each application for an original Missouri certificate of ownership for a vehicle
96 which is classified as a reconstructed motor vehicle, specially constructed motor vehicle, kit
97 vehicle, motor change vehicle, non-USA-std motor vehicle, or other vehicle as required by
98 the director of revenue shall be accompanied by a vehicle examination certificate issued by
99 the Missouri state highway patrol, or other law enforcement agency as authorized by the
100 director of revenue. The vehicle examination shall include a verification of vehicle
101 identification numbers and a determination of the classification of the vehicle. The owner of
102 a vehicle which requires a vehicle examination certificate shall present the vehicle for
103 examination and obtain a completed vehicle examination certificate prior to submitting an
104 application for a certificate of ownership to the director of revenue. Notwithstanding any
105 provision of the law to the contrary, an owner presenting a motor vehicle which has been
106 issued a salvage title and which is ten years of age or older to a vehicle examination described
107 in this subsection in order to obtain a certificate of ownership with the designation prior
108 salvage motor vehicle shall not be required to repair or restore the vehicle to its original
109 appearance in order to pass or complete the vehicle examination. The fee for the vehicle
110 examination application shall be twenty-five dollars and shall be collected by the director of
111 revenue at the time of the request for the application and shall be deposited in the state
112 treasury to the credit of the state highways and transportation department fund. If the vehicle
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113 is also to be registered in Missouri, the safety inspection required in chapter 307 and the
114 emissions inspection required under chapter 643 shall be completed and the fees required by
115 section 307.365 and section 643.315 shall be charged to the owner.
11610. When an application is made for an original Missouri certificate of ownership for
117 a motor vehicle previously registered or titled in a state other than Missouri or as required by
118 section 301.020, it shall be accompanied by a current inspection form certified by a duly
119 authorized official inspection station as described in chapter 307. The completed form shall
120 certify that the manufacturer's identification number for the vehicle has been inspected, that it
121 is correctly displayed on the vehicle and shall certify the reading shown on the odometer at
122 the time of inspection. The inspection station shall collect the same fee as authorized in
123 section 307.365 for making the inspection, and the fee shall be deposited in the same manner
124 as provided in section 307.365. If the vehicle is also to be registered in Missouri, the safety
125 inspection required in chapter 307 and the emissions inspection required under chapter 643
126 shall be completed and only the fees required by section 307.365 and section 643.315 shall be
127 charged to the owner. This section shall not apply to vehicles being transferred on a
128 manufacturer's statement of origin.
12911. Motor vehicles brought into this state in a wrecked or damaged condition or after
130 being towed as an abandoned vehicle pursuant to another state's abandoned motor vehicle
131 procedures shall, in lieu of the inspection required by subsection 10 of this section, be
132 inspected by the Missouri state highway patrol in accordance with subsection 9 of this
133 section. If the inspection reveals the vehicle to be in a salvage or junk condition, the director
134 shall so indicate on any Missouri certificate of ownership issued for such vehicle. Any
135 salvage designation shall be carried forward on all subsequently issued certificates of title for
136 the motor vehicle.
13712. When an application is made for an original Missouri certificate of ownership for
138 a motor vehicle previously registered or titled in a state other than Missouri, and the
139 certificate of ownership has been appropriately designated by the issuing state as a
140 reconstructed motor vehicle, motor change vehicle, specially constructed motor vehicle, or
141 prior salvage vehicle, the director of revenue shall appropriately designate on the current
142 Missouri and all subsequent issues of the certificate of ownership the name of the issuing state
143 and such prior designation. The absence of any prior designation shall not relieve a transferor
144 of the duty to exercise due diligence with regard to such certificate of ownership prior to the
145 transfer of a certificate. If a transferor exercises any due diligence with regard to a certificate
146 of ownership, the legal transfer of a certificate of ownership without any designation that is
147 subsequently discovered to have or should have had a designation shall be a transfer free and
148 clear of any liabilities of the transferor associated with the missing designation.
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14913. When an application is made for an original Missouri certificate of ownership for
150 a motor vehicle previously registered or titled in a state other than Missouri, and the
151 certificate of ownership has been appropriately designated by the issuing state as non-USA-
152 std motor vehicle, the director of revenue shall appropriately designate on the current
153 Missouri and all subsequent issues of the certificate of ownership the words "Non-USA-Std
154 Motor Vehicle".
15514. The director of revenue and the superintendent of the Missouri state highway
156 patrol shall make and enforce rules for the administration of the inspections required by this
157 section.
15815. Each application for an original Missouri certificate of ownership for a vehicle
159 which is classified as a reconstructed motor vehicle, manufactured forty or more years prior
160 to the current model year, and which has a value of three thousand dollars or less shall be
161 accompanied by:
162(1) A proper affidavit submitted by the owner explaining how the motor vehicle or
163 trailer was acquired and, if applicable, the reasons a valid certificate of ownership cannot be
164 furnished;
165(2) Photocopies of receipts, bills of sale establishing ownership, or titles, and the
166 source of all major component parts used to rebuild the vehicle;
167(3) A fee of one hundred fifty dollars in addition to the fees described in subsection 5
168 of this section. Such fee shall be deposited in the state treasury to the credit of the state
169 highways and transportation department fund; and
170(4) An inspection certificate, other than a motor vehicle examination certificate
171 required under subsection 9 of this section, completed and issued by the Missouri state
172 highway patrol, or other law enforcement agency as authorized by the director of revenue.
173 The inspection performed by the highway patrol or other authorized local law enforcement
174 agency shall include a check for stolen vehicles.
175
176 The department of revenue shall issue the owner a certificate of ownership designated with
177 the words "Reconstructed Motor Vehicle" and deliver such certificate of ownership in
178 accordance with the provisions of this chapter. Notwithstanding subsection 9 of this section,
179 no owner of a reconstructed motor vehicle described in this subsection shall be required to
180 obtain a vehicle examination certificate issued by the Missouri state highway patrol.
  301.562. 1. The department may refuse to issue or renew any license required
  2 pursuant to sections 301.550 to 301.580 for any one or any combination of causes stated in
  3 subsection 2 of this section. The department shall notify the applicant or licensee in writing at
  4 his or her last known address of the reasons for the refusal to issue or renew the license and
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5 shall advise the applicant or licensee of his or her right to file a complaint with the
6 administrative hearing commission as provided by chapter 621.
72. The department may cause a complaint to be filed with the administrative hearing
8 commission as provided by chapter 621 against any holder of any license issued under
9 sections 301.550 to 301.580 for any one or any combination of the following causes:
10(1) The applicant or license holder was previously the holder of a license issued under
11 sections 301.550 to 301.580, which license was revoked for cause and never reissued by the
12 department, or which license was suspended for cause and the terms of suspension have not
13 been fulfilled;
14(2) The applicant or license holder was previously a partner, stockholder, director or
15 officer controlling or managing a partnership or corporation whose license issued under
16 sections 301.550 to 301.580 was revoked for cause and never reissued or was suspended for
17 cause and the terms of suspension have not been fulfilled;
18(3) The applicant or license holder has, within ten years prior to the date of the
19 application, been finally adjudicated and found guilty, or entered a plea of guilty or nolo
20 contendere, in a prosecution under the laws of any state or of the United States, for any
21 offense reasonably related to the qualifications, functions, or duties of any business licensed
22 under sections 301.550 to 301.580; for any offense, an essential element of which is fraud,
23 dishonesty, or an act of violence; or for any offense involving moral turpitude, whether or not
24 sentence is imposed;
25(4) Use of fraud, deception, misrepresentation, or bribery in securing any license
26 issued pursuant to sections 301.550 to 301.580;
27(5) Obtaining or attempting to obtain any money, commission, fee, barter, exchange,
28 or other compensation by fraud, deception, or misrepresentation;
29(6) Violation of, or assisting or enabling any person to violate any provisions of this
30 chapter and chapters 143, 144, 306, 307, 407, 578, and 643 or of any lawful rule or regulation
31 adopted pursuant to this chapter and chapters 143, 144, 306, 307, 407, 578, and 643;
32(7) The applicant or license holder has filed an application for a license which, as of
33 its effective date, was incomplete in any material respect or contained any statement which
34 was, in light of the circumstances under which it was made, false or misleading with respect
35 to any material fact;
36(8) The applicant or license holder has failed to pay the proper application or license
37 fee or other fees required pursuant to this chapter or chapter 306 or fails to establish or
38 maintain a bona fide place of business;
39(9) Uses or permits the use of any special license or license plate assigned to the
40 license holder for any purpose other than those permitted by law;
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41(10) The applicant or license holder is finally adjudged insane or incompetent by a
42 court of competent jurisdiction;
43(11) Use of any advertisement or solicitation which is false;
44(12) Violations of sections 407.511 to 407.556, section 578.120, which resulted in a
45 conviction or finding of guilt or violation of any federal motor vehicle laws which result in a
46 conviction or finding of guilt.
473. Any such complaint shall be filed within one year of the date upon which the
48 department receives notice of an alleged violation of an applicable statute or regulation. After
49 the filing of such complaint, the proceedings shall, except for the matters set forth in
50 subsection 5 of this section, be conducted in accordance with the provisions of chapter 621.
51 Upon a finding by the administrative hearing commission that the grounds, provided in
52 subsection 2 of this section, for disciplinary action are met, the department may, singly or in
53 combination, refuse to issue the person a license, issue a license for a period of less than two
54 years, issue a private reprimand, place the person on probation on such terms and conditions
55 as the department deems appropriate for a period of one day to five years, suspend the
56 person's license from one day to six days, or revoke the person's license for such period as the
57 department deems appropriate. The applicant or licensee shall have the right to appeal the
58 decision of the administrative hearing commission and department in the manner provided in
59 chapter 536.
604. Upon the suspension or revocation of any person's license issued under sections
61 301.550 to 301.580, the department shall recall any distinctive number plates that were issued
62 to that licensee. If any licensee who has been suspended or revoked shall neglect or refuse to
63 surrender his or her license or distinctive number license plates issued under sections 301.550
64 to 301.580, the director shall direct any agent or employee of the department or any law
65 enforcement officer, to secure possession thereof and return such items to the director. For
66 purposes of this subsection, a "law enforcement officer" means any member of the highway
67 patrol, any sheriff or deputy sheriff, or any peace officer certified under chapter 590 acting in
68 his or her official capacity. Failure of the licensee to surrender his or her license or distinctive
69 number license plates upon demand by the director, any agent or employee of the department,
70 or any law enforcement officer shall be a class A misdemeanor.
715. Notwithstanding the foregoing provisions of this section, the following events or
72 acts by the holder of any license issued under sections 301.550 to 301.580 are deemed to
73 present a clear and present danger to the public welfare and shall be considered cause for
74 suspension or revocation of such license under the procedure set forth in subsection 6 of this
75 section, at the discretion of the director:
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76(1) The expiration or revocation of any corporate surety bond or irrevocable letter of
77 credit, as required by section 301.560, without submission of a replacement bond or letter of
78 credit which provides coverage for the entire period of licensure;
79(2) The failure to maintain a bona fide established place of business as required by
80 section 301.560;
81(3) Criminal convictions as set forth in subdivision (3) of subsection 2 of this section;
82 or
83(4) Three or more occurrences of violations which have been established following
84 proceedings before the administrative hearing commission under subsection 3 of this section,
85 or which have been established following proceedings before the director under subsection 6
86 of this section, of this chapter and chapters 143, 144, 306, 307, 578, and 643 or of any lawful
87 rule or regulation adopted under this chapter and chapters 143, 144, 306, 307, 578, and 643,
88 not previously set forth herein.
896. (1) Any license issued under sections 301.550 to 301.580 may be suspended or
90 revoked, following an evidentiary hearing before the director or his or her designated hearing
91 officer, if affidavits or sworn testimony by an authorized agent of the department alleges the
92 occurrence of any of the events or acts described in subsection 5 of this section.
93(2) For any license which the department believes may be subject to suspension or
94 revocation under this subsection, the director shall immediately issue a notice of hearing to
95 the licensee of record. The director's notice of hearing:
96(a) Shall be served upon the licensee personally or by first class mail to the dealer's
97 last known address, as registered with the director;
98(b) Shall be based on affidavits or sworn testimony presented to the director, and shall
99 notify the licensee that such information presented therein constitutes cause to suspend or
100 revoke the licensee's license;
101(c) Shall provide the licensee with a minimum of ten days' notice prior to hearing;
102(d) Shall specify the events or acts which may provide cause for suspension or
103 revocation of the license, and shall include with the notice a copy of all affidavits, sworn
104 testimony or other information presented to the director which support discipline of the
105 license; and
106(e) Shall inform the licensee that he or she has the right to attend the hearing and
107 present any evidence in his or her defense, including evidence to show that the event or act
108 which may result in suspension or revocation has been corrected to the director's satisfaction,
109 and that he or she may be represented by counsel at the hearing.
110(3) At any hearing before the director conducted under this subsection, the director or
111 his or her designated hearing officer shall consider all evidence relevant to the issue of
112 whether the license should be suspended or revoked due to the occurrence of any of the acts
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113 set forth in subsection 5 herein. Within twenty business days after such hearing, the director
114 or his or her designated hearing officer shall issue a written order, with findings of fact and
115 conclusions of law, which either grants or denies the issuance of an order of suspension or
116 revocation. The suspension or revocation shall be effective ten days after the date of the
117 order. The written order of the director or his or her hearing officer shall be the final decision
118 of the director and shall be subject to judicial review under the provisions of chapter 536.
119(4) Notwithstanding the provisions of this chapter or chapter 610 or 621 to the
120 contrary, the proceedings under this subsection shall be closed and no order shall be made
121 public until it is final, for purposes of appeal.
1227. In lieu of acting under subsection 2 or 6 of this section, the department of revenue
123 may enter into an agreement with the holder of the license to ensure future compliance with
124 sections 301.210, [301.213,] 307.380, sections 301.217 to 301.229, and sections 301.550 to
125 301.580. Such agreement may include an assessment fee not to exceed five hundred dollars
126 per violation or five thousand dollars in the aggregate unless otherwise permitted by law,
127 probation terms and conditions, and other requirements as may be deemed appropriate by the
128 department of revenue and the holder of the license. Any fees collected by the department of
129 revenue under this subsection shall be deposited into the motor vehicle commission fund
130 created in section 301.560.
  313.270. 1. The director, pursuant to rules and regulations issued by the commission,
2 may directly purchase or lease such goods or services as are necessary for effectuating the
3 purposes of sections 313.200 to 313.350, including procurements which integrate functions
4 such as lottery game design, supply of goods and services, and advertising. The lottery
5 commission by approved rule may purchase goods made in the United States and sold by a
6 Missouri business to be given away as prizes within the provisions of section 313.321.
7 Contracts shall be awarded to lottery contractors or lottery vendors on the basis of lowest and
8 best bid on an evaluated basis in order to maximize revenues to the lottery fund. The director
9 may also utilize state purchasing procedures. [The director shall award at least ten percent of
10 the aggregate dollar amount of all contracts to provide goods and services to the lottery to
11 minority business enterprises as defined by the office of administration and shall award at
12 least five percent of the aggregate dollar amount of all contracts to provide goods and services
13 to the lottery to women business enterprises as defined by the office of administration.] No
14 contract awarded or entered into by the director may be assigned by the holder thereof except
15 by specific approval of the commission.
162. [Any contract awarded to any lottery contractor or vendor shall provide that such
17 contractor or vendor shall award a minimum of ten percent of his subcontracted business to
18 minority business enterprises as defined by the office of administration and shall award a
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19 minimum of five percent of his subcontracted business to women business enterprises as
20 defined by the office of administration. This section shall not apply to multistate lottery.
213.] Any lottery vendor which enters into a contract to supply lottery materials,
22 services or equipment for use in the operation of the state lottery shall first disclose such
23 information as the commission may require, by rule and regulation, concerning the selection
24 of lottery vendors.
25[4.] 3. The costs of any investigation into the background of the applicant seeking a
26 contract shall be assessed against the applicant and shall be paid by the applicant at the time
27 of billing by the state.
28[5.] 4. Performance bonds shall be posted by each contractor with the commission
29 with a surety acceptable to the commission in an amount as may be required by the
30 commission, but not to exceed the expected total value of the contract. The contract of any
31 lottery contractor who does not comply with such requirements may be terminated by the
32 commission. The commission may terminate the contract of any lottery vendor who:
33(1) Is convicted of any felony;
34(2) Is convicted of any gambling-related offense;
35(3) Is convicted of any crime involving fraud or misrepresentation;
36(4) Fails to comply with the rules and regulations of the commission existing at the
37 time the contract was entered into; or
38(5) Fails to periodically update any disclosure requirements.
39[6. The provisions in this section requiring that certain percentages of lottery
40 contracts and subcontracts be awarded to businesses owned and controlled by women or
41 ethnic and racial minorities shall expire on January 1, 2005.]
  320.092. 1. Tax credits issued pursuant to sections 135.400[,] and 135.750 [and
2 320.093] shall be subject to oversight provisions. Effective January 1, 2000, notwithstanding
3 the provisions of section 32.057, the board, department or authority issuing tax credits shall
4 annually report to the office of administration, president pro tem of the senate, and the
5 speaker of the house of representatives regarding the tax credits issued pursuant to sections
6 135.400[,] and 135.750 [and 320.093] which were issued in the previous fiscal year. The
7 report shall contain, but not be limited to, the aggregate number and dollar amount of tax
8 credits issued by the board, department or authority, the number and dollar amount of tax
9 credits claimed by taxpayers, and the number and dollar amount of tax credits unclaimed by
10 taxpayers as well as the number of years allowed for claims to be made. This report shall be
11 delivered no later than November of each year.
122. The reporting requirements established pursuant to subsection 1 of this section
13 shall also apply to the department of economic development and the Missouri development
14 finance board established pursuant to section 100.265. The department and the Missouri
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15 development finance board shall report on the tax credit programs which they respectively
16 administer that are authorized under the provisions of chapters 32, 100, 135, 178, 253, 348,
17 447 and 620.
  375.330. 1. No insurance company formed under the laws of this state shall be
 2 permitted to purchase, hold or convey real estate, excepting for the purpose and in the manner
 3 herein set forth, to wit:
4(1) Such as shall be necessary for its accommodation in the transaction of its
 5 business; provided that before the purchase of real estate for any such purpose, the approval
 6 of the director of the department of commerce and insurance must be first had and obtained,
 7 and except with the approval of the director, the value of such real estate, together with all
 8 appurtenances thereto, purchased for such purpose shall not exceed twenty percent of the
 9 insurance company's capital and surplus as shown by its last annual statement; or
10(2) Such as shall have been mortgaged in good faith by way of security for loans
11 previously contracted, or for moneys due; or
12(3) Such as shall have been conveyed to it in satisfaction of debts contracted in the
13 course of its dealings; or
14(4) Such as shall have been purchased at sales upon the judgments, decrees or
15 mortgages obtained or made for such debts; or
16(5) Such as shall be necessary and proper for carrying on its legitimate business under
17 the provisions of the Urban Redevelopment Corporations Act; or
18(6) Such as shall have been acquired under the provisions of the Urban
19 Redevelopment Corporations Act permitting such company to purchase, own, hold or
20 convey real estate; or
21(7) Such real estate, or any interest therein, as may be acquired or held by it by
22 purchase, lease or otherwise, as an investment for the production of income, which real estate
23 or interest therein may thereafter be held, improved, developed, maintained, managed, leased,
24 sold or conveyed by it as real estate necessary and proper for carrying on its legitimate
25 business; or
26(8) A reciprocal or interinsurance exchange may, in its own name, purchase, sell,
27 mortgage, hold, encumber, lease, convey, or otherwise affect the title to real property for the
28 purposes and objects of the reciprocal or interinsurance exchange. Such deeds, notes,
29 mortgages or other documents relating to real property may be executed by the attorney in
30 fact of the reciprocal or interinsurance exchange. This provision shall be retroactive and shall
31 apply to real estate owned or sold by a reciprocal insurer prior to August 28, 1990.
322. The investments acquired under subdivision (7) of subsection 1 of this section may
33 be in either existing or new business or industrial properties, or for new residential properties
34 or new housing purposes.
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353. Provided, no such insurance company shall invest more than ten percent of its
36 admitted assets, as shown by its last annual statement preceding the date of acquisition, as
37 filed with the director of the department of commerce and insurance of the state of Missouri,
38 in the total amount of real estate acquired under subdivision (7) of subsection 1, nor more
39 under subdivision (7) of subsection 1 than one percent of its admitted assets or ten percent of
40 its capital and surplus, whichever is greater, in any one property, nor more under subdivision
41 (7) of subsection 1 than one percent of its admitted assets or ten percent of its capital and
42 surplus, whichever is greater, in total properties leased or rented to any one individual,
43 partnership or corporation.
444. It shall not be lawful for any company incorporated as aforesaid to purchase, hold
45 or convey real estate in any other case or for any other purpose; and all such real estate
46 acquired in payment of a debt, by foreclosure or otherwise, and real estate exchanged
47 therefor, shall be sold and disposed of within ten years after such company shall have
48 acquired absolute title to the same, unless the company owning such real estate or interest
49 therein shall elect to hold it pursuant to subdivision (7) of subsection 1.
505. The director of the department of commerce and insurance may, for good cause
51 shown, extend the time for holding such real estate acquired in paying of a debt, by
52 foreclosure or otherwise, and real estate exchanged therefor, and not held by the company
53 under subdivision (7) of subsection 1, for such period as he may find to be to the best interests
54 of the policyholders of said company.
556. [If a life insurance company depositing under section 376.170 becomes the owner
56 of real estate pursuant to this section, the company may execute its own deed for the real
57 estate to the director of the department of commerce and insurance, as trustee. The deed may
58 be deposited with the director as proper security, under and according to the provisions of
59 sections 376.010 to 376.670, the value to be subject to the approval of the director.
607.] This section shall not apply to an insurer organized under chapter 376 or licensed
61 under chapter 354.
  376.309. 1. As used in this section, "separate account" means an account established
2 by an insurance company, into which any amounts paid to or held by such company under
3 applicable contracts are credited and the assets of which, subject to the provisions of this
4 section, may be invested in such investments as shall be authorized by a resolution adopted by
5 such company's board of directors. The income, if any, and gains and losses, realized or
6 unrealized, on such account shall be credited to or charged against the amounts allocated to
7 such account without regard to other income, gains or losses of the company. If and to the
8 extent so provided under the applicable contracts, that portion of the assets of any such
9 separate account equal to the reserves and other contract liabilities with respect to such
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10 account shall not be chargeable with liabilities arising out of any other business the company
11 may conduct.
122. Any domestic life insurance company may, after adoption of a resolution by its
13 board of directors, establish one or more separate accounts, and may allocate to such account
14 or accounts any amounts paid to or held by it which are to be applied under the terms of an
15 individual or group contract to provide benefits payable in fixed or in variable dollar amounts
16 or in both.
173. To the extent it deems necessary to comply with any applicable federal or state act,
18 the company may, with respect to any separate account or any portion thereof, provide for the
19 benefit of persons having beneficial interests therein special voting and other rights and
20 special procedures for the conduct of the business and affairs of such separate account or
21 portion thereof, including, without limitation, special rights and procedures relating to
22 investment policy, investment advisory services, selection of public accountants, and
23 selection of a committee, the members of which need not be otherwise affiliated with the
24 company, to manage the business and affairs of such separate account or portion thereof; and
25 the corporate charter of such company shall be deemed amended to authorize the company to
26 do so. The provisions of this section shall not affect existing laws pertaining to the voting
27 rights of such company's policyholders.
284. The amounts allocated to any separate account and the accumulations thereon may
29 be invested and reinvested without regard to any requirements or limitations prescribed by the
30 laws of this state governing the investments of life insurance companies, and the investments
31 in such separate account or accounts shall not be taken into account in applying the
32 investment limitations, including but not limited to quantitative restrictions, otherwise
33 applicable to the investments of the company, except that to the extent that the company's
34 reserve liability with regard to benefits guaranteed as to principal amount and duration, and
35 funds guaranteed as to principal amount or stated rate of interest, is maintained in any
36 separate account, a portion of the assets of such separate account at least equal to such reserve
37 liability shall be, except as the director might otherwise approve, invested in accordance with
38 the laws of this state governing the general investment account of any company. As used
39 herein, the expression "general investment account" shall mean all of the funds, assets and
40 investments of the company which are not allocated in a separate account. [The provisions of
41 section 376.170 relating to deposits for registered policies shall not be applicable to funds and
42 investments allocated to separate accounts.] No investment in the separate account or in the
43 general investment account of a life insurance company shall be transferred by sale,
44 exchange, substitution or otherwise from one account to another unless, in case of a transfer
45 into a separate account, the transfer is made solely to establish the account or to support the
46 operation of the contracts with respect to the separate account to which the transfer is made or
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47 unless the transfer, whether into or from a separate account, is made by a transfer of cash, or
48 by a transfer of other assets having a readily determinable market value, provided that such
49 transfer of other assets is approved by the director and is for assets of equivalent value. Such
50 transfer shall be deemed approved to the extent the assets of a separate account so transferred
51 have been paid to or are being held by the company in connection with a pension, retirement
52 or profit-sharing plan subject to the provisions of the Internal Revenue Code, as amended, and
53 the Employee Retirement Income Security Act of 1974, as amended. The director may
54 withdraw such deemed approval by providing written notice to the company that its financial
55 condition or past practices require such withdrawal. The director may approve other transfers
56 among such accounts if the director concludes that such transfers would be equitable.
575. Unless otherwise approved by the director, assets allocated to a separate account
58 shall be valued at their market value on the date of valuation, or if there is no readily available
59 market, then as provided under the terms of the contract or the rules or other written
60 agreement applicable to such separate account; provided, that the portion of the assets of such
61 separate account at least equal to the company's reserve liability with regard to the guaranteed
62 benefits and funds referred to in subsection 4 of this section, if any, shall be valued in
63 accordance with the rules otherwise applicable to the company's assets.
646. The director shall have the sole and exclusive authority to regulate the issuance and
65 authority to regulate the sale of contracts under which amounts are to be allocated to one or
66 more separate accounts as provided herein, and to issue such reasonable rules, regulations and
67 licensing requirements as the director shall deem necessary to carry out the purposes and
68 provisions of this section; and the companies that issue such contracts shall not be subject to
69 registration with the commissioner of securities. The director may, subject to the provisions
70 of section 374.185, consult and cooperate with the commissioner of securities in
71 investigations arising from the offer and sale of contracts regulated under this section and
72 may request assistance from the commissioner of securities in any proceeding arising from
73 the offer and sale of any such contracts.
747. No domestic life insurance company, and no other life insurance company admitted
75 to transact business in this state, shall be authorized to deliver within this state any contract
76 under which amounts are to be allocated to one or more separate accounts as provided herein
77 until said company has satisfied the director that its condition or methods of operation in
78 connection with the issuance of such contracts will not render its operation hazardous to the
79 public or its policyholders in this state. In determining the qualifications of a company
80 requesting authority to deliver such contracts within this state, the director shall consider,
81 among other things:
82(1) The history and financial condition of the company;
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83(2) The character, responsibility and general fitness of the officers and directors of the
84 company; and
85(3) In the case of a company other than a domestic company, whether the statutes and
86 regulations of the jurisdiction of its incorporation provide a degree of protection to
87 policyholders and the public which is substantially equal to that provided by this section and
88 the rules and regulations issued thereunder.
898. An authorized life insurance company, whether domestic, foreign or alien, which
90 issues contracts under which amounts are to be allocated to one or more separate accounts as
91 provided herein, and which is a subsidiary of or affiliated through common management or
92 ownership with another life insurance company authorized to do business in this state, may be
93 deemed to have met the provisions of subsection 7 of this section if either it or the parent or
94 affiliated company meets the requirements thereof.
959. If the contract provides for payment of benefits in variable amounts, it shall contain
96 a statement of the essential features of the procedure to be followed by the company in
97 determining the dollar amount of such variable benefits. Any such contract, including a
98 group contract, and any certificate issued thereunder, shall state that such dollar amount may
99 decrease or increase and shall contain on its first page a statement that the benefits thereunder
100 are on a variable basis.
10110. Except as otherwise provided in this section, all pertinent provisions of the
102 insurance laws of this state shall apply to separate accounts and contracts relating thereto.
  379.316. 1. Section 379.017 and sections 379.316 to 379.361 apply to insurance
2 companies incorporated pursuant to sections 379.035 to [379.355] 379.055, section 379.080,
3 sections 379.060 to 379.075, sections 379.085 to 379.095, [sections 379.205 to 379.310,] and
4 to insurance companies of a similar type incorporated pursuant to the laws of any other state
5 of the United States, and alien insurers licensed to do business in this state, which transact fire
6 and allied lines, marine and inland marine insurance, to any and all combinations of the
7 foregoing or parts thereof, and to the combination of fire insurance with other types of
8 insurance within one policy form at a single premium, on risks or operations in this state,
9 except:
10(1) Reinsurance, other than joint reinsurance to the extent stated in section 379.331;
11(2) Insurance of vessels or craft, their cargoes, marine builders' risks, marine
12 protection and indemnity, or other risks commonly insured pursuant to marine, as
13 distinguished from inland marine, insurance policies;
14(3) Insurance against loss of or damage to aircraft, or against liability, other than
15 employers' liability, arising out of the ownership, maintenance, or use of aircraft;
16(4) All forms of motor vehicle insurance; and
17(5) All forms of life, accident and health, and workers' compensation insurance.
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182. Inland marine insurance shall be deemed to include insurance now or hereafter
19 defined by statute, or by interpretation thereof, or if not so defined or interpreted, by ruling of
20 the director, or as established by general custom of the business, as inland marine insurance.
213. Commercial property and commercial casualty insurance policies are subject to
22 rate and form filing requirements as provided in section 379.321.
  379.670. The subscribers so contracting among themselves shall, through their
 2 attorney, file with the director of the department of commerce and insurance of this state a
 3 declaration verified by the oath of the attorney setting forth:
4(1) The name or title of the office at which the subscribers propose to exchange
 5 indemnity contracts. The name or title shall not be so similar to any other name or title
 6 previously adopted by a similar organization or by any insurance corporation or association as
 7 in the opinion of the director of the department of commerce and insurance is calculated to
 8 result in confusion or deception;
9(2) The kind or kinds of insurance to be effected or exchanged;
10(3) A copy of the form of policy contract or agreement under or by which the
11 insurance is to be effected or exchanged;
12(4) A copy of the form of power of attorney or other authority of the attorney under
13 which the insurance is to be effected or exchanged;
14(5) The location of the offices from which the contracts or agreements are to be
15 issued;
16(6) That, except as to the kinds of insurance herein specifically mentioned in this
17 subdivision, applications have been made for indemnity upon at least one hundred separate
18 risks aggregating not less than one and one-half million dollars represented by executed
19 contracts or bona fide applications to become concurrently effective. In the case of
20 employer's liability or workers' compensation insurance, applications shall have been made
21 for indemnity upon at least one hundred separate risks covering a total payroll of not less than
22 two and one-half million dollars as represented by executed contracts or bona fide
23 applications to become concurrently effective. In the case of automobile insurance,
24 applications shall have been made for indemnity upon at least one thousand motor vehicles or
25 for insurance aggregating not less than one and one-half million dollars represented by
26 executed contracts or bona fide applications to become concurrently effective on any or all
27 classes of automobile insurance effected by the subscribers through the attorney;
28(7) That there is in the possession of the attorney and available for the payment of
29 losses, assets conforming to the requirements of [sections 379.700 and] section 379.710.
  379.720. 1. If at any time the amounts on hand are less than the requirements of
 2 [sections 379.700 and] section 379.710, the subscribers or their attorney for them shall make
 3 up the deficiency.
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42. Where funds other than those which have accrued from premiums or deposits of
5 subscribers are supplied to make up a deficiency as herein provided for they shall be
6 deposited and held for the benefit of subscribers under such terms and conditions as the
7 director of the department of commerce and insurance may require so long as the deficiency
8 exists, thereafter to be returned to the depositors.
93. "Net premiums" or "deposits" as used in this law shall be construed to mean the
10 advance premiums or deposits made by subscribers after deducting therefrom the amount for
11 expenses specifically provided in the subscriber's agreement.
  379.1310. 1. A pure captive insurance company may be incorporated as a stock
2 insurer with its capital divided into shares and held by the stockholders as a nonprofit
3 corporation with one or more members, or as a manager-managed limited liability company.
42. An association captive insurance company or an industrial insured captive
5 insurance company may be:
6(1) Incorporated as a stock insurer with its capital divided into shares and held by the
7 stockholders;
8(2) Incorporated as a mutual insurer without capital stock, the governing body of
9 which is elected by its insureds;
10(3) Organized as a manager-managed limited liability company; or
11(4) Organized as a reciprocal insurer in accordance with sections 379.650 to 379.790.
123. A captive insurance company incorporated or organized in this state shall have not
13 less than three incorporators or three organizers of whom not less than one shall be a resident
14 of this state.
154. In the case of a captive insurance company:
16(1) Formed as a corporation, before the articles of incorporation are transmitted to the
17 secretary of state, the incorporators shall petition the director to issue a certificate setting forth
18 the director's finding that the establishment and maintenance of the proposed corporation will
19 promote the general good of the state. In arriving at such a finding the director shall consider:
20(a) The character, reputation, financial standing and purposes of the incorporators;
21(b) The character, reputation, financial responsibility, insurance experience, and
22 business qualifications of the officers and directors; and
23(c) Such other aspects as the director shall deem advisable.
24
25 The articles of incorporation, such certificate, and the organization fee shall be transmitted to
26 the secretary of state, who shall thereupon record both the articles of incorporation and the
27 certificate;
28(2) Formed as a limited liability company, before the articles of organization are
29 transmitted to the secretary of state, the organizers shall petition the director to issue a
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30 certificate setting forth the director's finding that the establishment and maintenance of the
31 proposed company will promote the general good of the state. In arriving at such a finding,
32 the director shall consider the items set forth in paragraphs (a) to (c) of subdivision (1) of this
33 subsection;
34(3) Formed as a reciprocal insurer, the organizers shall petition the director to issue a
35 certificate setting the director's finding that the establishment and maintenance of the
36 proposed association will promote the general good of the state. In arriving at such a finding
37 the director shall consider the items set forth in paragraphs (a) to (c) of subdivision (1) of this
38 subsection.
395. The capital stock of a captive insurance company incorporated as a stock insurer
40 may be authorized with no par value.
416. In the case of a captive insurance company:
42(1) Formed as a corporation, at least one of the members of the board of directors
43 shall be a resident of this state;
44(2) Formed as a limited liability company, at least one of the managers shall be a
45 resident of this state;
46(3) Formed as a reciprocal insurer, at least one of the members of the subscribers'
47 advisory committee shall be a resident of this state.
487. Other than captive insurance companies formed as limited liability companies
49 under chapter 347, or as nonprofit corporations under chapter 355, captive insurance
50 companies formed as corporations under sections 379.1300 to 379.1351 shall have the
51 privileges and be subject to chapter 351 as well as the applicable provisions contained in
52 sections 379.1300 to 379.1308. In the event of conflict between the provisions of such
53 general corporation law and sections 379.1300 to 379.1351, sections 379.1300 to 379.1351
54 shall control.
558. Captive insurance companies formed under sections 379.1300 to 379.1351:
56(1) As limited liability companies shall have the privileges and be subject to the
57 provisions of chapter 347 as well as the applicable provisions contained in sections 379.1300
58 to 379.1351. In the event of a conflict between chapter 347 and sections 379.1300 to
59 379.1351, sections 379.1300 to 379.1351 shall control; or
60(2) As nonprofit corporations shall have the privileges and be subject to the
61 provisions of chapter 355 as well as the applicable provisions contained in sections 379.1300
62 to 379.1351. In the event of conflict between chapter 355 and sections 379.1300 to 379.1351,
63 sections 379.1300 to 379.1351 shall control.
649. The provisions of [section 375.355,] section 375.908, sections 379.980 to 379.988,
65 and chapter 382, pertaining to mergers, consolidations, conversions, mutualizations,
66 redomestications, and mutual holding companies shall apply in determining the procedures
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67 to be followed by captive insurance companies in carrying out any of the transactions
68 described therein; except that:
69(1) The director may waive or modify the requirements for public notice and hearing,
70 or in accordance with rules which the director may adopt addressing categories of
71 transactions, modify the requirements for public notice and hearing. If a notice of public
72 hearing is required, but no one requests a hearing ten days before the day set for the hearing,
73 then the director may cancel the hearing;
74(2) An alien insurer may be a party to a merger or a redomestication authorized under
75 this subsection, if approved by the director; and
76(3) The director may issue a certificate of general good to permit the formation of a
77 captive insurance company that is established for the sole purpose of consolidating or
78 merging with or assuming existing insurance or reinsurance business from an existing
79 Missouri licensed captive insurance company. The director may, upon a request of such
80 newly formed captive insurance company, waive or modify the requirements of paragraph (b)
81 of subdivision (1) and subdivision (2) of subsection 3 of section 379.1302.
8210. The articles of incorporation or bylaws of a captive insurance company formed as
83 a corporation may authorize a quorum of its board of directors to consist of no fewer than
84 one-third of the full board of directors, provided that a quorum shall not consist of fewer than
85 two directors.
8611. Captive insurance companies formed as reciprocal insurers under the provisions
87 of sections 379.1300 to 379.1351 shall have the privileges and be subject to the provisions of
88 sections 379.650 to 379.790 in addition to the applicable provisions of sections 379.1300 to
89 379.1351. In the event of a conflict between the provisions of sections 379.650 to 379.790
90 and the provisions of sections 379.1300 to 379.1351, the latter shall control, to the extent a
91 reciprocal insurer is made subject to other provisions of chapters 374, 375, and 379 under
92 sections 379.650 to 379.790, such provisions shall not be applicable to a reciprocal insurer
93 formed under sections 379.1300 to 379.1351 unless such provisions are expressly made
94 applicable to captive insurance companies under sections 379.1300 to 379.1351.
9512. The subscribers' agreement or other organizing document of a captive insurance
96 company formed as a reciprocal insurer may authorize a quorum of its subscribers' advisory
97 committee to consist of no fewer than one-third of the number of its members.
  382.070. The provisions of sections 382.040, 382.050 and 382.060 shall not apply to:
2(1) Any transaction which is subject to the provisions of section [375.355 or]
3 375.861; or
4(2) Any offer, request, invitation, agreement or acquisition which the director by
5 order shall exempt therefrom as not having been made or entered into for the purpose and not
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 6 having the effect of changing or influencing the control of a domestic insurer, or as otherwise
 7 not comprehended within the purposes of sections 382.010 to 382.300.
  394.120. 1. No person shall become a member of a cooperative unless such person
 2 shall agree to use electric energy furnished by the cooperative when such electric energy shall
 3 be available through its facilities. The bylaws of a cooperative may provide that any person,
 4 including an incorporator, shall cease to be a member thereof if he or she shall fail or refuse to
 5 use electric energy made available by the cooperative or if electric energy shall not be made
 6 available to such person by the cooperative within a specified time after such person shall
 7 have become a member thereof. Membership in the cooperative shall not be transferable,
 8 except as provided in the bylaws. The bylaws may prescribe additional qualifications and
 9 limitations in respect of membership.
102. An annual meeting of the members shall be held at such time as shall be provided
11 in the bylaws.
123. Special meetings of the members may be called by the board of directors, by any
13 three directors, by not less than ten percent of the members, or by the president.
144. Meetings of members shall be held at such place as may be provided in the bylaws.
15 In the absence of any such provisions, all meetings shall be held in the city or town in which
16 the principal office of the cooperative is located.
175. Except as herein otherwise provided, written or printed notice stating the time and
18 place of each meeting of members and, in the case of a special meeting, the purpose or
19 purposes for which the meeting is called, shall be given to each member, either personally or
20 by mail, not less than ten nor more than twenty-five days before the date of the meeting.
216. Two percent of the first two thousand members and one percent of the remaining
22 members, present in person, or if the bylaws so provide, participating electronically or by
23 mail, shall constitute a quorum for the transaction of business at all meetings of the members,
24 unless the bylaws prescribe the presence of a greater percentage of the members for a
25 quorum. If less than a quorum is present at any meeting, a majority of those present in person
26 may adjourn the meeting from time to time without further notice.
277. Each member shall be entitled to one vote on each matter submitted to a vote at a
28 meeting. Voting shall be in person, but, if the bylaws so provide, may also be by proxy, by
29 electronic means, by mail, or any combination thereof. If the bylaws provide for voting by
30 proxy, by electronic means, or by mail, they shall also prescribe the conditions under which
31 proxy, electronic, or mail voting shall be exercised. In any event, no person shall vote as
32 proxy for more than two members at any meeting of the members.
33[8. Notwithstanding the provisions of subsections 2 and 7 of this section, the board of
34 directors shall have the power to set the time and place of the annual meeting and also to
35 provide for voting by proxy, electronic means, by mail, or any combination thereof, and to
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36 prescribe the conditions under which such voting shall be exercised. The meeting
37 requirement provided in this section may be satisfied through virtual means. The provisions
38 of this subsection shall expire on August 28, 2022.]
  414.407. 1. As used in this section, the following terms mean:
2(1) "B-20", a blend of twenty percent by volume biodiesel fuel and eighty percent by
 3 volume petroleum-based diesel fuel;
4(2) "Biodiesel", fuel as defined in ASTM Standard PS121;
5(3) "EPAct", the federal Energy Policy Act, 42 U.S.C. 13201, et seq.;
6(4) "EPAct credit", a credit issued pursuant to EPAct;
7(5) "Fund", the biodiesel fuel revolving fund;
8(6) "Incremental cost", the difference in cost between biodiesel fuel and conventional
 9 petroleum-based diesel fuel at the time the biodiesel fuel is purchased.
102. The department, in cooperation with the department of agriculture, shall establish
11 and administer an EPAct credit banking and selling program to allow state agencies to use
12 moneys generated by the sale of EPAct credits to purchase biodiesel fuel for use in state
13 vehicles. Each state agency shall provide the department with all vehicle fleet information
14 necessary to determine the number of EPAct credits generated by the agency. The department
15 may sell credits in any manner pursuant to the provisions of EPAct.
163. There is hereby created in the state treasury the "Biodiesel Fuel Revolving Fund",
17 into which shall be deposited moneys received from the sale of EPAct credits banked by state
18 agencies on August 28, 2001, and in future reporting years, any moneys appropriated to the
19 fund by the general assembly, and any other moneys obtained or accepted by the department
20 for deposit into the fund. The fund shall be managed to maximize benefits to the state in the
21 purchase of biodiesel fuel and, when possible, to accrue those benefits to state agencies in
22 proportion to the number of EPAct credits generated by each respective agency.
234. Moneys deposited into the fund shall be used to pay for the incremental cost of
24 biodiesel fuel with a minimum biodiesel concentration of B-20 for use in state vehicles and
25 for administration of the fund. Not later than January thirty-first of each year, the department
26 shall submit an annual report to the general assembly on the expenditures from the fund
27 during the preceding fiscal year.
285. Notwithstanding the provisions of section 33.080, no portion of the fund shall be
29 transferred to the general revenue fund, and any appropriation made to the fund shall not
30 lapse. The state treasurer shall invest moneys in the fund in the same manner as other funds
31 are invested. Interest and moneys earned on such investments shall be credited to the fund.
326. The department shall promulgate such rules as are necessary to implement this
33 section. No rule or portion of a rule promulgated pursuant to this section shall become
34 effective unless it has been promulgated pursuant to chapter 536.
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35[7. The department shall conduct a study of the use of alternative fuels in motor
36 vehicles in the state and shall report its findings and recommendations to the general
37 assembly no later than January 1, 2002. Such study shall include:
38(1) An analysis of the current use of alternative fuels in public and private vehicle
39 fleets in the state;
40(2) An assessment of methods that the state may use to increase use of alternative
41 fuels in vehicle fleets, including the sale of credits generated pursuant to the federal Energy
42 Policy Act, 42 U.S.C. 13201, et seq., to pay for the difference in cost between alternative
43 fuels and conventional fuels;
44(3) An assessment of the benefits or harm that increased use of alternative fuels may
45 make to the state's economy and environment;
46(4) Any other information that the department deems relevant.]
  454.433. 1. When a tribunal of another state as defined in section [454.850] 454.1503
2 has ordered support payments to a person who has made an assignment of child support rights
3 to the family support division or who is receiving child support services pursuant to section
4 454.425, the family support division may notify the court of this state in the county in which
5 the obligor, obligee or the child resides or works. Until October 1, 1999, upon such notice the
6 circuit clerk shall accept all support payments and remit such payments to the person or entity
7 entitled to receive the payments. Effective October 1, 1999, the division shall order the
8 payment center to accept all support payments and remit such payments to the person or
9 entity entitled to receive the payments.
102. Notwithstanding any provision of law to the contrary, the notification to the court
11 by the division shall authorize the court to make the clerk trustee. The clerk shall keep an
12 accurate record of such payments and shall report all collections to the division in the manner
13 specified by the division. Effective October 1, 1999, the duties of the clerk as trustee
14 pursuant to this section shall terminate and all payments shall be made to the payment center
15 pursuant to section 454.530.
  454.470. 1. The director may issue a notice and finding of financial responsibility to
2 a parent who owes a state debt or who is responsible for the support of a child on whose
3 behalf the custodian of that child is receiving support enforcement services from the division
4 pursuant to section 454.425 if a court order has not been previously entered against that
5 parent, a court order has been previously entered but has been terminated by operation of law
6 or if a support order from another state has been entered but is not entitled to recognition
7 under sections [454.850 to 454.997] 454.1500 to 454.1728. Service of the notice and finding
8 shall be made on the parent or other party in the manner prescribed for service of process in a
9 civil action by an authorized process server appointed by the director, or by certified mail,
10 return receipt requested. The director may appoint any uninterested party, including but not
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11 limited to employees of the division, to serve such process. For purposes of this subsection, a
12 parent who refuses receipt of service by certified mail is deemed to have been served. Service
13 upon an obligee who is receiving support enforcement services under section 454.425 may be
14 made by regular mail. When appropriate to the circumstances of the individual action, the
15 notice shall state:
16(1) The name of the person or agency with custody of the dependent child and the
17 name of the dependent child for whom support is to be paid;
18(2) The monthly future support for which the parent shall be responsible;
19(3) The state debt, if any, accrued and accruing, and the monthly payment to be made
20 on the state debt which has accrued;
21(4) A statement of the costs of collection, including attorney's fees, which may be
22 assessed against the parent;
23(5) That the parent shall be responsible for providing medical insurance for the
24 dependent child;
25(6) That if a parent desires to discuss the amount of support that should be paid, the
26 parent or person having custody of the child may, within twenty days after being served,
27 contact the division office which sent the notice and request a negotiation conference. The
28 other parent or person having custody of the child shall be notified of the negotiated
29 conference and may participate in the conference. If no agreement is reached on the monthly
30 amount to be paid, the director may issue a new notice and finding of financial responsibility,
31 which may be sent to the parent required to pay support by regular mail addressed to the
32 parent's last known address or, if applicable, the parent's attorney's last known address. A
33 copy of the new notice and finding shall be sent by regular mail to the other parent or person
34 having custody of the child;
35(7) That if a parent or person having custody of the child objects to all or any part of
36 the notice and finding of financial responsibility and no negotiation conference is requested,
37 within twenty days of the date of service the parent or person having custody of the child shall
38 send to the division office which issued the notice a written response which sets forth any
39 objections and requests a hearing; and, that if the director issues a new notice and finding of
40 financial responsibility, the parent or person having custody of the child shall have twenty
41 days from the date of issuance of the new notice to send a hearing request;
42(8) That if such a timely response is received by the appropriate division office, and if
43 such response raises factual questions requiring the submission of evidence, the parent or
44 person having custody of the child shall have the right to a hearing before an impartial hearing
45 officer who is an attorney licensed to practice law in Missouri and, that if no timely written
46 response is received, the director may enter an order in accordance with the notice and finding
47 of financial responsibility;
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48(9) That the parent has the right to be represented at the hearing by an attorney of the
49 parent's own choosing;
50(10) That the parent or person having custody of the child has the right to obtain
51 evidence and examine witnesses as provided for in chapter 536, together with an explanation
52 of the procedure the parent or person having custody of the child shall follow in order to
53 exercise such rights;
54(11) That as soon as the order is entered, the property of the parent required to pay
55 support shall be subject to collection actions, including, but not limited to, wage withholding,
56 garnishment, liens, and execution thereon;
57(12) A reference to sections 454.460 to 454.510;
58(13) That the parent is responsible for notifying the division of any change of address
59 or employment;
60(14) That if the parent has any questions, the parent should telephone or visit the
61 appropriate division office or consult an attorney; and
62(15) Such other information as the director finds appropriate.
632. The statement of periodic future support required by subdivision (2) of subsection
64 1 of this section is to be computed under the guidelines established in subsection 8 of section
65 452.340.
663. Any time limits for notices or requests may be extended by the director, and such
67 extension shall have no effect on the jurisdiction of the court, administrative body, or other
68 entity having jurisdiction over the proceedings.
694. If a timely written response setting forth objections and requesting a hearing is
70 received by the appropriate division office, and if such response raises a factual question
71 requiring the submission of evidence, a hearing shall be held in the manner provided by
72 section 454.475. If no timely written response and request for hearing is received by the
73 appropriate division office, the director may enter an order in accordance with the notice, and
74 shall specify:
75(1) The amount of periodic support to be paid, with directions on the manner of
76 payment;
77(2) The amount of state debt, if any, accrued in favor of the department;
78(3) The monthly payment to be made on state debt, if any;
79(4) The amount of costs of collection, including attorney's fees, assessed against the
80 parent;
81(5) The name of the person or agency with custody of the dependent child and the
82 name and birth date of the dependent child for whom support is to be paid;
83(6) That the property of the parent is subject to collection actions, including, but not
84 limited to, wage withholding, garnishment, liens, and execution thereon; and
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85(7) If appropriate, that the parent shall provide medical insurance for the dependent
86 child, or shall pay the reasonable and necessary medical expenses of the dependent child.
875. The parent or person having custody of the child shall be sent a copy of the order
88 by regular mail addressed to the parent's last known address or, if applicable, the parent's
89 attorney's last known address. The order is final, and action by the director to enforce and
90 collect upon the order, including arrearages, may be taken from the date of issuance of the
91 order.
926. Copies of the orders issued pursuant to this section shall be mailed within fourteen
93 days of the issuance of the order.
947. Any parent or person having custody of the child who is aggrieved as a result of
95 any allegation or issue of fact contained in the notice and finding of financial responsibility
96 shall be afforded an opportunity for a hearing, upon the request in writing filed with the
97 director not more than twenty days after service of the notice and finding is made upon such
98 parent or person having custody of the child, and if in requesting such hearing, the aggrieved
99 parent or person having custody of the child raises a factual issue requiring the submission of
100 evidence.
1018. At any time after the issuance of an order under this section, the director may issue
102 an order vacating that order if it is found that the order was issued without subject matter or
103 personal jurisdiction or if the order was issued without affording the obligor due process of
104 law.
  454.490. 1. A true copy of any order entered by the director pursuant to sections
2 454.460 to [454.997] 454.1728, along with a true copy of the return of service, may be filed
3 with the clerk of the circuit court in the county in which the judgment of dissolution or
4 paternity has been entered, or if no such judgment was entered, in the county where either the
5 parent or the dependent child resides or where the support order was filed. Upon filing, the
6 clerk shall enter the order in the judgment docket. Upon docketing, the order shall have all
7 the force, effect, and attributes of a docketed order or decree of the circuit court, including,
8 but not limited to, lien effect and enforceability by supplementary proceedings, contempt of
9 court, execution and garnishment. Any administrative order or decision of the family support
10 division filed in the office of the circuit clerk of the court shall not be required to be signed by
11 an attorney, as provided by supreme court rule of civil procedures 55.03(a), or required to
12 have any further pleading other than the director's order.
132. In addition to any other provision to enforce an order docketed pursuant to this
14 section or any other support order of the court, the court may, upon petition by the division,
15 require that an obligor who owes past due support to pay support in accordance with a plan
16 approved by the court, or if the obligor is subject to such plan and is not incapacitated, the
17 court may require the obligor to participate in work activities.
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183. In addition to any other provision to enforce an order docketed pursuant to this
19 section or any other support order of the court, division or other IV-D agency, the director
20 may order that an obligor who owes past due support to pay support in accordance with a plan
21 approved by the director, or if the obligor is subject to such plan and is not incapacitated, the
22 director may order the obligor to participate in work activities. The order of the director shall
23 be filed with a court pursuant to subsection 1 of this section and shall be enforceable as an
24 order of the court.
254. As used in this section, "work activities" include:
26(1) Unsubsidized employment;
27(2) Subsidized private sector employment;
28(3) Subsidized public sector employment;
29(4) Work experience (including work associated with the refurbishing of publicly
30 assisted housing) if sufficient private sector employment is not available;
31(5) On-the-job training;
32(6) Job search and readiness assistance;
33(7) Community services programs;
34(8) Vocational educational training, not to exceed twelve months for any individual;
35(9) Job skills training directly related to employment;
36(10) Education directly related to employment for an individual who has not received
37 a high school diploma or its equivalent;
38(11) Satisfactory attendance at a secondary school or course of study leading to a
39 certificate of general equivalence for an individual who has not completed secondary school
40 or received such a certificate; or
41(12) The provision of child care services to an individual who is participating in a
42 community service program.
  488.426. 1. The judges of the circuit court, en banc, in any circuit in this state may
2 require any party filing a civil case in the circuit court, at the time of filing the suit, to deposit
3 with the clerk of the court a surcharge in addition to all other deposits required by law or court
4 rule. Sections 488.426 to 488.432 shall not apply to proceedings when costs are waived or
5 are to be paid by the county or state or any city.
62. The surcharge in effect on August 28, 2001, shall remain in effect until changed by
7 the circuit court. The circuit court in any circuit, except the circuit court in Jackson County or
8 the circuit court in any circuit that reimburses the state for the salaries of family court
9 commissioners under and pursuant to section 487.020, may change the fee to any amount not
10 to exceed fifteen dollars. The circuit court in Jackson County or the circuit court in any
11 circuit that reimburses the state for the salaries of family court commissioners under and
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12 pursuant to section 487.020 may change the fee to any amount not to exceed twenty dollars.
13 A change in the fee shall become effective and remain in effect until further changed.
143. Sections 488.426 to 488.432 shall not apply to proceedings when costs are waived
15 or are paid by the county or state or any city.
16[4. In addition to any fee authorized by subsection 1 of this section, any county of the
17 first classification with more than one hundred one thousand but fewer than one hundred
18 fifteen thousand inhabitants may impose an additional fee of ten dollars excluding cases
19 concerning adoption and those in small claims court. The provisions of this subsection shall
20 expire on December 31, 2019.]
  620.010. 1. There is hereby created a "Department of Economic Development" to be
2 headed by a director appointed by the governor, by and with the advice and consent of the
3 senate. All of the general provisions, definitions and powers enumerated in section 1 of the
4 Omnibus State Reorganization Act of 1974 shall continue to apply to this department and its
5 divisions, agencies and personnel.
62. The powers, duties and functions vested in the public service commission, chapters
7 386, 387, 388, 389, 390, 392, 393, and others, and the administrative hearing commission,
8 sections 621.015 to 621.198 and others, are transferred by type III transfers to the department
9 of economic development. The director of the department is directed to provide and
10 coordinate staff and equipment services to these agencies in the interest of facilitating the
11 work of the bodies and achieving optimum efficiency in staff services common to all the
12 bodies. Nothing in the Reorganization Act of 1974 shall prevent the chairman of the public
13 service commission from presenting additional budget requests or from explaining or
14 clarifying its budget requests to the governor or general assembly.
153. The powers, duties and functions vested in the office of the public counsel are
16 transferred by type III transfer to the department of economic development. Funding for the
17 general counsel's office shall be by general revenue.
184. The public service commission is authorized to employ such staff as it deems
19 necessary for the functions performed by the general counsel other than those powers, duties
20 and functions relating to representation of the public before the public service commission.
215. All the powers, duties and functions vested in the tourism commission, chapter 258
22 and others, are transferred to the "Division of Tourism", which is hereby created, by type III
23 transfer.
246. All the powers, duties and functions of the department of community affairs,
25 chapter 251 and others, not otherwise assigned, are transferred by type I transfer to the
26 department of economic development, and the department of community affairs is abolished.
27 The director of the department of economic development may assume all the duties of the
28 director of community affairs or may establish within the department such subunits and
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29 advisory committees as may be required to administer the programs so transferred. The
30 director of the department shall appoint all members of such committees and heads of
31 subunits.
327. The Missouri housing development commission, chapter 215, is assigned to the
33 department of economic development, but shall remain a governmental instrumentality of the
34 state of Missouri and shall constitute a body corporate and politic.
358. [All the authority, powers, duties, functions, records, personnel, property, matters
36 pending and other pertinent vestiges of the division of manpower planning of the department
37 of social services are transferred by a type I transfer to the "Division of Workforce
38 Development", which is hereby created, within the department of economic development.
39 The division of manpower planning within the department of social services is abolished.
40 The provisions of section 1 of the Omnibus State Reorganization Act of 1974, Appendix B,
41 relating to the manner and procedures for transfers of state agencies shall apply to the
42 transfers provided in this section.
439. All the authority, powers, functions, records, personnel, property, contracts, matters
44 pending and other pertinent vestiges of the division of employment security within the
45 department of labor and industrial relations related to job training and labor exchange that are
46 funded with or based upon Wagner-Peyser funds, and other federal and state workforce
47 development programs administered by the division of employment security are transferred
48 by a type I transfer to the division of workforce development within the department of
49 economic development.
5010.] Any rule or portion of a rule, as that term is defined in section 536.010, that is
51 created under the authority delegated in this section shall become effective only if it complies
52 with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.
53 This section and chapter 536 are nonseverable and if any of the powers vested with the
54 general assembly pursuant to chapter 536 to review, to delay the effective date, or to
55 disapprove and annul a rule are subsequently held unconstitutional, then the grant of
56 rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid
57 and void.
  620.570. 1. [The Missouri training and employment council, as established in section
2 620.523, shall review and recommend criteria for evaluating project funding assistance,
3 program criteria, and other requirements and priorities to be used by the division in the
4 evaluation and monitoring of Missouri youth service and conservation corps projects.
52.] The division shall work with the department of higher education and workforce
6 development, the department of elementary and secondary education, all colleges,
7 universities and lending institutions throughout the state to develop a system of academic
8 credit, tuition grants and deferred loan repayment incentives for young adults who enroll and
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9 complete participation in corps programs. The division shall adopt rules under chapter 536
10 designed to implement any such incentive programs.
11[3.] 2. The division of workforce development of the department of economic
12 development shall establish and promote the recruitment of "Show-Me Employers" which
13 shall consist of Missouri-based corporations and businesses agreeing to interview, for entry-
14 level jobs, participants successfully completing a youth corps program.
15[4.] 3. The division of workforce development of the department of economic
16 development shall recognize and promote within the labor exchange system the youth service
17 corps and the potential benefits of hiring participants who have successfully completed any of
18 the corps' programs.
  620.1020. There is hereby created within the department of economic development a
2 "Business Extension Service Team" program. The purpose of the teams shall be to provide
3 technical and management assistance to Missouri businesses, to improve their
4 competitiveness and increase their market share of the economy, to assist businesses with
5 the introduction of improved production processes, and to assist the businesses with their job
6 training needs. [Each team shall inform the Missouri training and employment council of
7 specific job training needs which it identifies for an individual business or general job training
8 needs which it recommends for the state. A team may recommend that, by means of contract,
9 feasibility studies or productivity assessments be performed for businesses.] Businesses to be
10 assisted may include those faced with employee layoffs, plant closings or financial instability.
11 The expenses of a team shall be financed by state and federal appropriations, local
12 governments, economic development organizations, private contributions and fees paid by
13 assisted businesses.
  620.2020. 1. The department shall respond to a written request, by or on behalf of a
2 qualified company or qualified military project, for a proposed benefit award under the
3 provisions of this program within five business days of receipt of such request. The
4 department shall respond to a written request, by or on behalf of a qualified manufacturing
5 company, for a proposed benefit award under the provisions of this program within fifteen
6 business days of receipt of such request. Such response shall contain either a proposal of
7 benefits for the qualified company or qualified military project, or a written response refusing
8 to provide such a proposal and stating the reasons for such refusal. A qualified company or
9 qualified military project that intends to seek benefits under the program shall submit to the
10 department a notice of intent. The department shall respond within thirty days to a notice of
11 intent with an approval or a rejection, provided that the department may withhold approval or
12 provide a contingent approval until it is satisfied that proper documentation of eligibility has
13 been provided. The department shall certify or reject the qualifying company's plan outlined
14 in their notice of intent as satisfying good faith efforts made to employ, at a minimum,
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15 commensurate with the percentage of minority populations in the state of Missouri, as
16 reported in the previous decennial census, the following: racial minorities, contractors who
17 are racial minorities, and contractors that, in turn, employ at a minimum racial minorities
18 commensurate with the percentage of minority populations in the state of Missouri, as
19 reported in the previous decennial census. Failure to respond on behalf of the department
20 shall result in the notice of intent being deemed approved. A qualified company receiving
21 approval for program benefits may receive additional benefits for subsequent new jobs at the
22 same facility after the full initial project period if the applicable minimum job requirements
23 are met. There shall be no limit on the number of project periods a qualified company may
24 participate in the program, and a qualified company may elect to file a notice of intent to
25 begin a new project period concurrent with an existing project period if the applicable
26 minimum job requirements are achieved, the qualified company provides the department with
27 the required annual reporting, and the qualified company is in compliance with this program
28 and any other state programs in which the qualified company is currently or has previously
29 participated. However, the qualified company shall not receive any further program benefits
30 under the original approval for any new jobs created after the date of the new notice of intent,
31 and any jobs created before the new notice of intent shall not be included as new jobs for
32 purposes of the benefit calculation for the new approval. When a qualified company has filed
33 and received approval of a notice of intent and subsequently files another notice of intent, the
34 department shall apply the definition of project facility under subdivision (24) of section
35 620.2005 to the new notice of intent as well as all previously approved notices of intent and
36 shall determine the application of the definitions of new job, new payroll, project facility base
37 employment, and project facility base payroll accordingly.
382. Notwithstanding any provision of law to the contrary, the benefits available to the
39 qualified company under any other state programs for which the company is eligible and
40 which utilize withholding tax from the new or retained jobs of the company shall first be
41 credited to the other state program before the withholding retention level applicable under this
42 program will begin to accrue. If any qualified company also participates in a job training
43 program utilizing withholding tax, the company shall retain no withholding tax under this
44 program, but the department shall issue a refundable tax credit for the full amount of benefit
45 allowed under this program. The calendar year annual maximum amount of tax credits which
46 may be issued to a qualifying company that also participates in a job training program shall be
47 increased by an amount equivalent to the withholding tax retained by that company under a
48 jobs training program.
493. A qualified company or qualified military project receiving benefits under this
50 program shall provide an annual report of the number of jobs, along with minority jobs
51 created or retained, and such other information as may be required by the department to
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52 document the basis for program benefits available no later than ninety days prior to the end of
53 the qualified company's or industrial development authority's tax year immediately following
54 the tax year for which the benefits provided under the program are attributed. In such annual
55 report, if the average wage is below the applicable percentage of the county average wage, the
56 qualified company or qualified military project has not maintained the employee insurance as
57 required, if the department after a review determines the qualifying company fails to satisfy
58 other aspects of their notice of intent, including failure to make good faith efforts to employ,
59 at a minimum, commensurate with the percentage of minority populations in the state of
60 Missouri, as reported in the previous decennial census, the following: racial minorities,
61 contractors who are racial minorities, and contractors that, in turn, employ at a minimum
62 racial minorities commensurate with the percentage of minority populations in the state of
63 Missouri, as reported in the previous decennial census, or if the number of jobs is below the
64 number required, the qualified company or qualified military project shall not receive tax
65 credits or retain the withholding tax for the balance of the project period. If a statewide state
66 of emergency exists for more than sixteen months, a qualified company or industrial
67 development authority shall be entitled to a one-time suspension of program deadlines equal
68 to the number of months such statewide state of emergency existed with any partial month
69 rounded to the next whole. During such suspension, the qualified company or industrial
70 development authority shall not be entitled to retain any withholding tax as calculated under
71 subdivision (38) of section 620.2005 nor shall it earn any awarded tax credit or receive any
72 tax credit under the program for the suspension period. The suspension period shall run
73 consecutively and be available to a qualified company or industrial development authority
74 that, during the statewide state of emergency, submitted notice of intent that was approved or
75 that was in year one or a subsequent year of benefits under a program agreement with the
76 department. The suspension period that runs consecutively and may be available to a
77 qualified company or industrial development authority as provided in this subsection may
78 apply retroactively. Any qualified company or industrial development authority requesting a
79 suspension pursuant to this subsection shall submit notice to the department on its provided
80 form identifying the requested start and end dates of the suspension, not to exceed the
81 maximum number of months available under this subsection. Such notice shall be submitted
82 to the department not later than the end of the twelfth month following the termination of the
83 state of emergency. No suspension period shall start later than the date on which the state of
84 emergency was terminated. The department and the qualified company or the industrial
85 development authority shall enter into a program agreement or shall amend an existing
86 program agreement, as applicable, stating the deadlines following the suspension period and
87 updating the applicable wage requirements. Failure to timely file the annual report required
88 under this section may result in the forfeiture of tax credits attributable to the year for which
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89 the reporting was required and a recapture of withholding taxes retained by the qualified
90 company or qualified military project during such year.
914. The department may withhold the approval of any benefits under this program until
92 it is satisfied that proper documentation has been provided, and shall reduce the benefits to
93 reflect any reduction in full-time employees or payroll. Upon approval by the department, the
94 qualified company may begin the retention of the withholding taxes when it reaches the
95 required number of jobs and the average wage meets or exceeds the applicable percentage of
96 county average wage. Tax credits, if any, may be issued upon satisfaction by the department
97 that the qualified company has exceeded the applicable percentage of county average wage
98 and the required number of jobs; provided that, tax credits awarded under subsection 7 of
99 section 620.2010 may be issued following the qualified company's acceptance of the
100 department's proposal and pursuant to the requirements set forth in the written agreement
101 between the department and the qualified company under subsection 4 of section 620.2010.
1025. Any qualified company or qualified military project approved for benefits under
103 this program shall provide to the department, upon request, any and all information and
104 records reasonably required to monitor compliance with program requirements. This
105 program shall be considered a business recruitment tax credit under subdivision (3) of
106 subsection 2 of section 135.800, and any qualified company or qualified military project
107 approved for benefits under this program shall be subject to the provisions of sections
108 135.800 to 135.830.
1096. Any taxpayer who is awarded benefits under this program who knowingly hires
110 individuals who are not allowed to work legally in the United States shall immediately forfeit
111 such benefits and shall repay the state an amount equal to any state tax credits already
112 redeemed and any withholding taxes already retained.
1137. (1) The maximum amount of tax credits that may be authorized under this program
114 for any fiscal year shall be limited as follows, less the amount of any tax credits previously
115 obligated for that fiscal year under any of the tax credit programs referenced in subsection 14
116 of this section:
117(a) For the fiscal year beginning on July 1, 2013, but ending on or before June 30,
118 2014, no more than one hundred six million dollars in tax credits may be authorized;
119(b) For the fiscal year beginning on July 1, 2014, but ending on or before June 30,
120 2015, no more than one hundred eleven million dollars in tax credits may be authorized;
121(c) For fiscal years beginning on or after July 1, 2015, but ending on or before June
122 30, 2020, no more than one hundred sixteen million dollars in tax credits may be authorized
123 for each fiscal year; and
124(d) For all fiscal years beginning on or after July 1, 2020, no more than one hundred
125 six million dollars in tax credits may be authorized for each fiscal year. The provisions of this
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126 paragraph shall not apply to tax credits issued to qualified companies under a notice of intent
127 filed prior to July 1, 2020.
128(2) For all fiscal years beginning on or after July 1, 2020, in addition to the amount of
129 tax credits that may be authorized under paragraph (d) of subdivision (1) of this subsection,
130 an additional ten million dollars in tax credits may be authorized for each fiscal year for the
131 purpose of the completion of infrastructure projects directly connected with the creation or
132 retention of jobs under the provisions of sections 620.2000 to 620.2020 and an additional ten
133 million dollars in tax credits may be authorized for each fiscal year for a qualified
134 manufacturing company based on a manufacturing capital investment as set forth in section
135 620.2010.
1368. For all fiscal years beginning on or after July 1, 2020, the maximum total amount
137 of withholding tax that may be authorized for retention for the creation of new jobs under the
138 provisions of sections 620.2000 to 620.2020 by qualified companies with a project facility
139 base employment of at least fifty shall not exceed seventy-five million dollars for each fiscal
140 year. The provisions of this subsection shall not apply to withholding tax authorized for
141 retention for the creation of new jobs by qualified companies with a project facility base
142 employment of less than fifty.
1439. For tax credits for the creation of new jobs under section 620.2010, the department
144 shall allocate the annual tax credits based on the date of the approval, reserving such tax
145 credits based on the department's best estimate of new jobs and new payroll of the project,
146 and any other applicable factors in determining the amount of benefits available to the
147 qualified company or qualified military project under this program; provided that, the
148 department may reserve up to twenty-one and one-half percent of the maximum annual
149 amount of tax credits that may be authorized under subsection 7 of this section for award
150 under subsection 7 of section 620.2010. However, the annual issuance of tax credits shall be
151 subject to annual verification of actual payroll by the department or, for qualified military
152 projects, annual verification of average salary for the jobs directly created by the qualified
153 military project. Any authorization of tax credits shall expire if, within two years from the
154 date of commencement of operations, or approval if applicable, the qualified company has
155 failed to meet the applicable minimum job requirements. The qualified company may retain
156 authorized amounts from the withholding tax under the project once the applicable minimum
157 job requirements have been met for the duration of the project period. No benefits shall be
158 provided under this program until the qualified company or qualified military project meets
159 the applicable minimum new job requirements or, for benefits awarded under subsection 7 of
160 section 620.2010, until the qualified company has satisfied the requirements set forth in the
161 written agreement between the department and the qualified company under subsection 4 of
162 section 620.2010. In the event the qualified company or qualified military project does not
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163 meet the applicable minimum new job requirements, the qualified company or qualified
164 military project may submit a new notice of intent or the department may provide a new
165 approval for a new project of the qualified company or qualified military project at the project
166 facility or other facilities.
16710. Tax credits provided under this program may be claimed against taxes otherwise
168 imposed by chapters 143 and 148, and may not be carried forward, but shall be claimed
169 within one year of the close of the taxable year for which they were issued. Tax credits
170 provided under this program may be transferred, sold, or assigned by filing a notarized
171 endorsement thereof with the department that names the transferee, the amount of tax credit
172 transferred, and the value received for the credit, as well as any other information reasonably
173 requested by the department. For a qualified company with flow-through tax treatment to its
174 members, partners, or shareholders, the tax credit shall be allowed to members, partners, or
175 shareholders in proportion to their share of ownership on the last day of the qualified
176 company's tax period.
17711. Prior to the issuance of tax credits or the qualified company beginning to retain
178 withholding taxes, the department shall verify through the department of revenue and any
179 other applicable state department that the tax credit applicant does not owe any delinquent
180 income, sales, or use tax or interest or penalties on such taxes, or any delinquent fees or
181 assessments levied by any state department and through the department of commerce and
182 insurance that the applicant does not owe any delinquent insurance taxes or other fees. Such
183 delinquency shall not affect the approval, except that any tax credits issued shall be first
184 applied to the delinquency and any amount issued shall be reduced by the applicant's tax
185 delinquency. If the department of revenue, the department of commerce and insurance, or any
186 other state department concludes that a taxpayer is delinquent after June fifteenth but before
187 July first of any year and the application of tax credits to such delinquency causes a tax
188 deficiency on behalf of the taxpayer to arise, then the taxpayer shall be granted thirty days to
189 satisfy the deficiency in which interest, penalties, and additions to tax shall be tolled. After
190 applying all available credits toward a tax delinquency, the administering agency shall notify
191 the appropriate department and that department shall update the amount of outstanding
192 delinquent tax owed by the applicant. If any credits remain after satisfying all insurance,
193 income, sales, and use tax delinquencies, the remaining credits shall be issued to the
194 applicant, subject to the restrictions of other provisions of law.
19512. The director of revenue shall issue a refund to the qualified company to the extent
196 that the amount of tax credits allowed under this program exceeds the amount of the qualified
197 company's tax liability under chapter 143 or 148.
19813. An employee of a qualified company shall receive full credit for the amount of tax
199 withheld as provided in section 143.211.
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20014. Notwithstanding any provision of law to the contrary, beginning August 28, 2013,
201 no new benefits shall be authorized for any project that had not received from the department
202 a proposal or approval for such benefits prior to August 28, 2013, under the development tax
203 credit program created under sections 32.100 to 32.125, the rebuilding communities tax credit
204 program created under section 135.535, the enhanced enterprise zone tax credit program
205 created under sections 135.950 to 135.973, and the Missouri quality jobs program created
206 under sections 620.1875 to 620.1890. The provisions of this subsection shall not be
207 construed to limit or impair the ability of any administering agency to authorize or issue
208 benefits for any project that had received an approval or a proposal from the department under
209 any of the programs referenced in this subsection prior to August 28, 2013, or the ability of
210 any taxpayer to redeem any such tax credits or to retain any withholding tax under an
211 approval issued prior to that date. The provisions of this subsection shall not be construed to
212 limit or in any way impair the ability of any governing authority to provide any local
213 abatement or designate a new zone under the enhanced enterprise zone program created by
214 sections 135.950 to 135.963. Notwithstanding any provision of law to the contrary, no
215 qualified company that is awarded benefits under this program shall[:
216(1)] simultaneously receive benefits under the programs referenced in this subsection
217 at the same capital investment[; or
218(2) Receive benefits under the provisions of section 620.1910 for the same jobs].
21915. If any provision of sections 620.2000 to 620.2020 or application thereof to any
220 person or circumstance is held invalid, the invalidity shall not affect other provisions or
221 application of these sections which can be given effect without the invalid provisions or
222 application, and to this end, the provisions of sections 620.2000 to 620.2020 are hereby
223 declared severable.
22416. By no later than January 1, 2014, and the first day of each calendar quarter
225 thereafter, the department shall present a quarterly report to the general assembly detailing the
226 benefits authorized under this program during the immediately preceding calendar quarter to
227 the extent such information may be disclosed under state and federal law. The report shall
228 include, at a minimum:
229(1) A list of all approved and disapproved applicants for each tax credit;
230(2) A list of the aggregate amount of new or retained jobs that are directly attributable
231 to the tax credits authorized;
232(3) A statement of the aggregate amount of new capital investment directly
233 attributable to the tax credits authorized;
234(4) Documentation of the estimated net state fiscal benefit for each authorized project
235 and, to the extent available, the actual benefit realized upon completion of such project or
236 activity; and
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237(5) The department's response time for each request for a proposed benefit award
238 under this program.
23917. The department may adopt such rules, statements of policy, procedures, forms,
240 and guidelines as may be necessary to carry out the provisions of sections 620.2000 to
241 620.2020. Any rule or portion of a rule, as that term is defined in section 536.010, that is
242 created under the authority delegated in this section shall become effective only if it complies
243 with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.
244 This section and chapter 536 are nonseverable and if any of the powers vested with the
245 general assembly pursuant to chapter 536 to review, to delay the effective date, or to
246 disapprove and annul a rule are subsequently held unconstitutional, then the grant of
247 rulemaking authority and any rule proposed or adopted after August 28, 2013, shall be invalid
248 and void.
24918. Under section 23.253 of the Missouri sunset act:
250(1) The provisions of the program authorized under sections 620.2000 to 620.2020
251 shall be reauthorized as of August 28, 2018, and shall expire on August 28, 2030; and
252(2) If such program is reauthorized, the program authorized under this section shall
253 automatically sunset twelve years after the effective date of the reauthorization of sections
254 620.2000 to 620.2020; and
255(3) Sections 620.2000 to 620.2020 shall terminate on September first of the calendar
256 year immediately following the calendar year in which the program authorized under sections
257 620.2000 to 620.2020 is sunset.
  630.717. 1. Any residential facility or day program which provides services
2 exclusively to those persons affected by alcohol or drug abuse shall be exempt from licensure
3 rules promulgated by the department.
42. Any residential facility or day program which offers services, treatment or
5 rehabilitation to persons affected by alcohol or drug abuse shall submit to the department a
6 description of the services, treatment or rehabilitation which it offers, a statement of whether
7 each facility or program is required to meet any fire-safety standards of a municipality,
8 political subdivision of the state, and documentation of compliance with such standards, if
9 they apply.
103. [The department shall survey all such facilities and programs and shall prepare a
11 report for submission to the general assembly of actions necessary to bring such facilities and
12 programs in compliance with fire-safety standards developed by the department for
13 certification. The report shall be filed with the speaker of the house and the president pro
14 tem of the senate by January 1, 1983.
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154.] Failure of a facility or program to submit information requested by the department
16 and required by this section shall disqualify such facility or program from receiving
17 department certification or funding until such information is submitted.
  643.173. [1.] There is hereby established within the department of natural resources a
 2 "Small Business Technical Assistance Program" which shall provide support and assistance to
 3 small business. To the maximum extent possible, the program shall be functionally separate
 4 from the department's air pollution enforcement responsibilities. The program shall advise
 5 regulated small business regarding permit application requirements, applicable provisions of
 6 643.010 to 643.190[, and such other matters affecting small business as deemed appropriate
 7 by the committee]. The commission shall establish time frames in which specific classes of
 8 deficiencies, except those affecting public health or the environment, shall be corrected.
9[2. The small business technical assistance program shall be advised by a "Small
10 Business Compliance Advisory Committee" which is hereby created. One member shall be
11 appointed by the director of the department, two members shall be appointed by the governor
12 to represent the public and four owners of small businesses regulated under this chapter shall
13 be appointed by the general assembly, one each appointed by the majority and minority
14 leaders of each chamber of the general assembly. No member of the air conservation
15 commission shall serve as a member of the small business compliance advisory committee.
16 The term of office shall be four years except that of those first appointed, one member
17 appointed by the governor, one member appointed by the senate and one member appointed
18 by the house of representatives shall be appointed to two-year terms. Members shall serve
19 until their successors are duly appointed and qualified and vacancies shall be filled by
20 appointment for the remaining portion of the unexpired term created by the vacancy. The
21 members shall be reimbursed for actual and necessary expenses incurred in the performance
22 of their duties while in attendance at committee meetings.
233. The committee shall:
24(1) Receive reports from the ombudsman pursuant to section 643.175;
25(2) Evaluate the impact of sections 643.010 to 643.190 and the rules promulgated
26 thereunder on small business;
27(3) Review and assess the impact of enforcement policies on small business
28 operations in Missouri;
29(4) Recommend to the department, the commission and the general assembly, as
30 appropriate, changes in procedure, in rules or in the law which would facilitate small business
31 compliance with sections 643.010 to 643.190;
32(5) Recommend to the commission rules establishing an expedited review of
33 modifications for small businesses;
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34      (6) Conduct hearings, determine facts and make investigations consistent with the
35 purposes of this section.]
  [21.851. 1. There is hereby established a joint committee of the
2general assembly, which shall be known as the "Joint Committee on Disaster
3Preparedness and Awareness" and shall be composed of the following
4members:
5(1) Three members of the senate to be appointed by the president pro
6tempore of the senate;
7(2) Two members of the senate to be appointed by the minority floor
8leader of the senate;
9(3) Three members of the house of representatives to be appointed by
10the speaker of the house of representatives;
11(4) Two members of the house of representatives to be appointed by
12the minority floor leader of the house of representatives;
13(5) The director of the department of public safety, or his or her
14designee;
15(6) The director of the department of agriculture, or his or her
16designee; and
17(7) The adjutant general of the state, or his or her designee.
182. A majority of the members of the committee shall constitute a
19quorum, but the concurrence of a majority of the members shall be required for
20the determination of any matter within the committee's duties.
213. The joint committee shall make a continuous study and
22investigation into issues relating to disaster preparedness and awareness
23including, but not limited to, the following areas:
24(1) Natural and manmade disasters;
25(2) State and local preparedness for floods;
26(3) State and local preparedness for tornados, blizzards, and other
27severe storms;
28(4) Food and energy resiliency;
29(5) Cybersecurity;
30(6) The budget reserve fund established under Article IV, Section 27
31(a) of the Missouri Constitution;
32(7) The protection of vulnerable populations in intermediate care
33facilities and skilled nursing facilities as those terms are defined in section
34198.006; and
35(8) Premises that have been previously contaminated with radioactive
36material.
374. The joint committee shall compile a full report of its activities for
38submission to the general assembly. The report shall be submitted not later
39than January first of even-numbered years and may include any
40recommendations which the committee may have for legislative action. The
41report may also include an analysis and statement of the manner in which
42statutory provisions relating to disaster preparedness and awareness are being
43executed.
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445. The joint committee may employ such personnel as it deems
45    necessary to carry out the duties imposed by this section, within the limits of
46    any appropriation for such purpose.
476. The members of the committee shall serve without compensation,
48    but any actual and necessary expenses incurred in the performance of the
49    committee's official duties by the joint committee, its members, and any staff
50    assigned to the committee shall be paid from the joint contingent fund.
517. This section shall expire on December 31, 2022.]
  [32.088. 1. There is hereby created the "Missouri Task Force on Fair,
2    Nondiscriminatory Local Taxation Concerning Motor Vehicles, Trailers,
3    Boats, and Outboard Motors" to consist of the following members:
4(1) The following six members of the general assembly:
5(a) Three members of the house of representatives, with no more than
6    two members from the same political party and each member to be appointed
7    by the speaker of the house of representatives; and
8(b) Three members of the senate, with no more than two members
9    from the same political party and each member to be appointed by the
10    president pro tempore of the senate;
11(2) The director of the department of revenue or the director's
12    designee;
13(3) Two Missouri motor vehicle dealers, with one to be appointed by
14    the speaker of the house of representatives and one to be appointed by the
15    president pro tempore of the senate;
16(4) Two representatives from Missouri county governments, with one
17    to be appointed by the speaker of the house of representatives and one to be
18    appointed by the president pro tempore of the senate;
19(5) Two representatives from Missouri city governments, with one to
20    be appointed by the speaker of the house of representatives and one to be
21    appointed by the president pro tempore of the senate; and
22(6) One Missouri marine dealer, to be appointed by the speaker of the
23    house of representatives.
242. The task force shall meet within thirty days after its creation and
25    organize by selecting a chair and a vice chair, one of whom shall be a member
26    of the senate and the other of whom shall be a member of the house of
27    representatives. The chair shall designate a person to keep the records of the
28    task force. A majority of the task force constitutes a quorum and a majority
29    vote of a quorum is required for any action.
303. The task force shall meet at least quarterly. However, the task force
31    shall meet at least monthly during each term of the general assembly.
32    Meetings may be held by telephone or video conference at the discretion of the
33    chair.
344. Members shall serve on the task force without compensation but
35    may, subject to appropriation, be reimbursed for actual and necessary expenses
36    incurred in the performance of their official duties as members of the task
37    force.
385. The goals of the task force shall address:
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39(1) The disparity in taxation that resulted from the Missouri Supreme
40    Court's decision in Street v. Director of Revenue, 361 S.W.3d 355 (Mo. en
41    banc 2012), concerning the local taxation of motor vehicles, boats, trailers, and
42    outboard motors if purchased from a source other than a licensed Missouri
43    dealer;
44(2) The need for local jurisdictions to continue to receive revenue to
45    provide vital services restored by S.B. 23, effective July 5, 2013; and
46(3) The need to avoid placing Missouri dealers of motor vehicles,
47    outboard motors, boats, and trailers at a competitive disadvantage to non-
48    Missouri dealers of motor vehicles, outboard motors, boats, and trailers.
496. The task force shall:
50(1) Review evidence regarding the methods to address the goals of the
51    task force;
52(2) Review the methods used by other states to address the goals of the
53    task force;
54(3) Review the impact of the disparity of treatment on Missouri
55    dealers; and
56(4) Develop legislation that will not discriminate against Missouri
57    dealers and will safeguard local revenue to provide vital local services.
587. On or before December 31, 2017, the task force shall submit a
59    report on its findings to the governor and general assembly. The report shall
60    include any dissenting opinions in addition to any majority opinions.
618. The task force shall expire on January 1, 2018, or upon submission
62    of a report under subsection 7 of this section, whichever is earlier.]
  [67.5125. By December 31, 2018, the department of revenue shall
2    prepare and deliver a report to the general assembly on the amount of revenue
3    collected by local governments for the previous three fiscal years from
4    communications service providers, as such term is defined in section 67.5111;
5    a direct-to-home satellite service, as defined in Public Law 104-104, Title VI,
6    Section 602; and any video service provided through electronic commerce, as
7    defined in Public Law 105-277, Title XI, as amended, Section 1105(3), from
8    video fees, linear-foot fees, antenna fees, sales and use taxes, gross receipts
9    taxes, business license fees, business license taxes, or any other taxes or fees
10    assessed to such providers.]
  [99.1205. 1. This section shall be known and may be cited as the
2    "Distressed Areas Land Assemblage Tax Credit Act".
32. As used in this section, the following terms mean:
4(1) "Acquisition costs", the purchase price for the eligible parcel, costs
5    of environmental assessments, closing costs, real estate brokerage fees,
6    reasonable demolition costs of vacant structures, and reasonable maintenance
7    costs incurred to maintain an acquired eligible parcel for a period of five years
8    after the acquisition of such eligible parcel. Acquisition costs shall not include
9    costs for title insurance and survey, attorney's fees, relocation costs, fines, or
10    bills from a municipality;
11(2) "Applicant", any person, firm, partnership, trust, limited liability
12    company, or corporation which has:
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13(a) Incurred, within an eligible project area, acquisition costs for the
14    acquisition of land sufficient to satisfy the requirements under subdivision (8)
15    of this subsection; and
16(b) Been appointed or selected, pursuant to a redevelopment
17    agreement by a municipal authority, as a redeveloper or similar designation,
18    under an economic incentive law, to redevelop an urban renewal area or a
19    redevelopment area that includes all of an eligible project area or whose
20    redevelopment plan or redevelopment area, which encompasses all of an
21    eligible project area, has been approved or adopted under an economic
22    incentive law. In addition to being designated the redeveloper, the applicant
23    shall have been designated to receive economic incentives only after the
24    municipal authority has considered the amount of the tax credits in adopting
25    such economic incentives as provided in subsection 8 of this section. The
26    redevelopment agreement shall provide that:
27a. The funds generated through the use or sale of the tax credits issued
28    under this section shall be used to redevelop the eligible project area;
29b. No more than seventy-five percent of the urban renewal area
30    identified in the urban renewal plan or the redevelopment area identified in the
31    redevelopment plan may be redeveloped by the applicant; and
32c. The remainder of the urban renewal area or the redevelopment area
33    shall be redeveloped by co-redevelopers or redevelopers to whom the
34    applicant has assigned its redevelopment rights and obligations under the
35    urban renewal plan or the redevelopment plan;
36(3) "Certificate", a tax credit certificate issued under this section;
37(4) "Condemnation proceedings", any action taken by, or on behalf of,
38    an applicant to initiate an action in a court of competent jurisdiction to use the
39    power of eminent domain to acquire a parcel within the eligible project area.
40    Condemnation proceedings shall include any and all actions taken after the
41    submission of a notice of intended acquisition to an owner of a parcel within
42    the eligible project area by a municipal authority or any other person or entity
43    under section 523.250;
44(5) "Department", the Missouri department of economic development;
45(6) "Economic incentive laws", any provision of Missouri law
46    pursuant to which economic incentives are provided to redevelopers of a
47    parcel or parcels to redevelop the land, such as tax abatement or payments in
48    lieu of taxes, or redevelopment plans or redevelopment projects approved or
49    adopted which include the use of economic incentives to redevelop the land.
50    Economic incentive laws include, but are not limited to, the land clearance for
51    redevelopment authority law under sections 99.300 to 99.660, the real property
52    tax increment allocation redevelopment act under sections 99.800 to 99.865,
53    the Missouri downtown and rural economic stimulus act under sections 99.915
54    to 99.1060, and the downtown revitalization preservation program under
55    sections 99.1080 to 99.1092;
56(7) "Eligible parcel", a parcel:
57(a) Which is located within an eligible project area;
58(b) Which is to be redeveloped;
59(c) On which the applicant has not commenced construction prior to
60    November 28, 2007;
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61(d) Which has been acquired without the commencement of any
62    condemnation proceedings with respect to such parcel brought by or on behalf
63    of the applicant. Any parcel acquired by the applicant from a municipal
64    authority shall not constitute an eligible parcel; and
65(e) On which all outstanding taxes, fines, and bills levied by municipal
66    governments that were levied by the municipality during the time period that
67    the applicant held title to the eligible parcel have been paid in full;
68(8) "Eligible project area", an area which shall have satisfied the
69    following requirements:
70(a) The eligible project area shall consist of at least seventy-five acres
71    and may include parcels within its boundaries that do not constitute an eligible
72    parcel;
73(b) At least eighty percent of the eligible project area shall be located
74    within a Missouri qualified census tract area, as designated by the United
75    States Department of Housing and Urban Development under 26 U.S.C.
76    Section 42, or within a distressed community as that term is defined in section
77    135.530;
78(c) The eligible parcels acquired by the applicant within the eligible
79    project area shall total at least fifty acres, which may consist of contiguous and
80    noncontiguous parcels;
81(d) The average number of parcels per acre in an eligible project area
82    shall be four or more;
83(e) Less than five percent of the acreage within the boundaries of the
84    eligible project area shall consist of owner-occupied residences which the
85    applicant has identified for acquisition under the urban renewal plan or the
86    redevelopment plan pursuant to which the applicant was appointed or selected
87    as the redeveloper or by which the person or entity was qualified as an
88    applicant under this section on the date of the approval or adoption of such
89    plan;
90(9) "Interest costs", interest, loan fees, and closing costs. Interest costs
91    shall not include attorney's fees;
92(10) "Maintenance costs", costs of boarding up and securing vacant
93    structures, costs of removing trash, and costs of cutting grass and weeds;
94(11) "Municipal authority", any city, town, village, county, public
95    body corporate and politic, political subdivision, or land trust of this state
96    established and authorized to own land within the state;
97(12) "Municipality", any city, town, village, or county;
98(13) "Parcel", a single lot or tract of land, and the improvements
99    thereon, owned by, or recorded as the property of, one or more persons or
100    entities;
101(14) "Redeveloped", the process of undertaking and carrying out a
102    redevelopment plan or urban renewal plan pursuant to which the conditions
103    which provided the basis for an eligible project area to be included in a
104    redevelopment plan or urban renewal plan are to be reduced or eliminated by
105    redevelopment or rehabilitation; and
106(15) "Redevelopment agreement", the redevelopment agreement or
107    similar agreement into which the applicant entered with a municipal authority
108    and which is the agreement for the implementation of the urban renewal plan
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109    or redevelopment plan pursuant to which the applicant was appointed or
110    selected as the redeveloper or by which the person or entity was qualified as an
111    applicant under this section; and such appointment or selection shall have been
112    approved by an ordinance of the governing body of the municipality, or
113    municipalities, or in the case of any city not within a county, the board of
114    aldermen, in which the eligible project area is located. The redevelopment
115    agreement shall include a time line for redevelopment of the eligible project
116    area. The redevelopment agreement shall state that the named developer shall
117    be subject to the provisions of chapter 290.
1183. Any applicant shall be entitled to a tax credit against the taxes
119    imposed under chapters 143, 147, and 148, except for sections 143.191 to
120    143.265, in an amount equal to fifty percent of the acquisition costs, and one
121    hundred percent of the interest costs incurred for a period of five years after
122    the acquisition of an eligible parcel. No tax credits shall be issued under this
123    section until after January 1, 2008.
1244. If the amount of such tax credit exceeds the total tax liability for the
125    year in which the applicant is entitled to receive a tax credit, the amount that
126    exceeds the state tax liability may be carried forward for credit against the
127    taxes imposed under chapters 143, 147, and 148 for the succeeding six years,
128    or until the full credit is used, whichever occurs first. The applicant shall not
129    be entitled to a tax credit for taxes imposed under sections 143.191 to 143.265.
130    Applicants entitled to receive such tax credits may transfer, sell, or assign the
131    tax credits. Tax credits granted to a partnership, a limited liability company
132    taxed as a partnership, or multiple owners of property shall be passed through
133    to the partners, members, or owners respectively pro rata or pursuant to an
134    executed agreement among the partners, members, or owners documenting an
135    alternate distribution method.
1365. A purchaser, transferee, or assignee of the tax credits authorized
137    under this section may use acquired tax credits to offset up to one hundred
138    percent of the tax liabilities otherwise imposed under chapters 143, 147, and
139    148, except for sections 143.191 to 143.265. A seller, transferor, or assignor
140    shall perfect such transfer by notifying the department in writing within thirty
141    calendar days following the effective date of the transfer and shall provide any
142    information as may be required by the department to administer and carry out
143    the provisions of this section.
1446. To claim tax credits authorized under this section, an applicant shall
145    submit to the department an application for a certificate. An applicant shall
146    identify the boundaries of the eligible project area in the application. The
147    department shall verify that the applicant has submitted a valid application in
148    the form and format required by the department. The department shall verify
149    that the municipal authority held the requisite hearings and gave the requisite
150    notices for such hearings in accordance with the applicable economic incentive
151    act, and municipal ordinances. On an annual basis, an applicant may file for
152    the tax credit for the acquisition costs, and for the tax credit for the interest
153    costs, subject to the limitations of this section. If an applicant applying for the
154    tax credit meets the criteria required under this section, the department shall
155    issue a certificate in the appropriate amount. If an applicant receives a tax
156    credit for maintenance costs as a part of the applicant's acquisition costs, the
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157    department shall post on its internet website the amount and type of
158    maintenance costs and a description of the redevelopment project for which
159    the applicant received a tax credit within thirty days after the department
160    issues the certificate to the applicant.
1617. The total aggregate amount of tax credits authorized under this
162    section shall not exceed ninety-five million dollars. At no time shall the
163    annual amount of the tax credits issued under this section exceed twenty
164    million dollars. If the tax credits that are to be issued under this section
165    exceed, in any year, the twenty million dollar limitation, the department shall
166    either:
167(1) Issue tax credits to the applicant in the amount of twenty million
168    dollars, if there is only one applicant entitled to receive tax credits in that year;
169    or
170(2) Issue the tax credits on a pro rata basis to all applicants entitled to
171    receive tax credits in that year. Any amount of tax credits, which an applicant
172    is, or applicants are, entitled to receive on an annual basis and are not issued
173    due to the twenty million dollar limitation, shall be carried forward for the
174    benefit of the applicant or applicants to subsequent years.
175
176    No tax credits provided under this section shall be authorized after August 28,
177    2013. Any tax credits which have been authorized on or before August 28,
178    2013, but not issued, may be issued, subject to the limitations provided under
179    this subsection, until all such authorized tax credits have been issued.
1808. Upon issuance of any tax credits pursuant to this section, the
181    department shall report to the municipal authority the applicant's name and
182    address, the parcel numbers of the eligible parcels for which the tax credits
183    were issued, the itemized acquisition costs and interest costs for which tax
184    credits were issued, and the total value of the tax credits issued. The municipal
185    authority and the state shall not consider the amount of the tax credits as an
186    applicant's cost, but shall include the tax credits in any sources and uses and
187    cost benefit analysis reviewed or created for the purpose of awarding other
188    economic incentives. The amount of the tax credits shall not be considered an
189    applicant's cost in the evaluation of the amount of any award of any other
190    economic incentives, but shall be considered in measuring the reasonableness
191    of the rate of return to the applicant with respect to such award of other
192    economic incentives. The municipal authority shall provide the report to any
193    relevant commission, board, or entity responsible for the evaluation and
194    recommendation or approval of other economic incentives to assist in the
195    redevelopment of the eligible project area. Tax credits authorized under this
196    section shall constitute redevelopment tax credits, as such term is defined
197    under section 135.800, and shall be subject to all provisions applicable to
198    redevelopment tax credits provided under sections 135.800 to 135.830.
1999. The department may promulgate rules to implement the provisions
200    of this section. Any rule or portion of a rule, as that term is defined in section
201    536.010, that is created under the authority delegated in this section shall
202    become effective only if it complies with and is subject to all of the provisions
203    of chapter 536 and, if applicable, section 536.028. This section and chapter
204    536 are nonseverable and if any of the powers vested with the general
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205    assembly pursuant to chapter 536 to review, to delay the effective date, or to
206    disapprove and annul a rule are subsequently held unconstitutional, then the
207    grant of rulemaking authority and any rule proposed or adopted after August
208    28, 2007, shall be invalid and void.]
  [103.175. The board shall study and report to the general assembly, on
2    or before December 15, 2003, on the feasibility of including in this plan
3    individuals who are employees of eligible agencies which have not elected to
4    join the plan or who are retirees of school districts.]
  [103.178. 1. Beginning on a date specified by the board of trustees of
2    the Missouri consolidated health care plan but not later than July 1, 1995, the
3    Missouri consolidated health care plan established under section 103.005 shall
4    implement a pilot project to make available to those residing in the pilot
5    project area who are covered by the plan an alternative system of benefits for
6    the treatment of chemical dependency added to those benefits regularly
7    available to plan participants. The benefits provided under the pilot project
8    shall be similar in scope and comprehensiveness, but not limited to, the
9    benefits provided for the treatment and rehabilitation of persons who are
10    chemically dependent under the department of mental health's comprehensive
11    substance treatment and rehabilitation program, popularly described as the C-
12    STAR program. Such a pilot project shall operate for a period not to exceed
13    four years. To the extent that participation in the pilot project incurs additional
14    cost to a person covered under the plan, participation shall be voluntary. If no
15    additional cost is incurred, the alternative system of benefits may be made in
16    lieu of the regular benefits for the services in the pilot project area.
172. The Missouri state employees' retirement system or the Missouri
18    health care plan, as appropriate, shall in cooperation with the department of
19    mental health and the department of commerce and insurance design the pilot
20    project so as to generate data to evaluate the costs and benefits of providing
21    coverage of chemical dependency using an alternative set of benefits as
22    provided in this section. The Missouri consolidated health care plan shall at
23    the completion of the pilot project submit to the governor and the members of
24    the general assembly a report which describes the results of the evaluation of
25    this pilot project. As authorized by appropriations made for that purpose, the
26    Missouri state employees' retirement system or the Missouri consolidated
27    health care plan may contract with persons to conduct an independent
28    evaluation of the pilot project established in this section.]
  [135.276. As used in sections 135.276 to 135.283, the following terms
2    mean:
3(1) "Continuation of commercial operations" shall be deemed to occur
4    during the first taxable year following the taxable year during which the
5    business entered into an agreement with the department pursuant to section
6    135.283 in order to receive the tax exemption, tax credits and refundable
7    credits authorized by sections 135.276 to 135.283;
8(2) "Department", the department of economic development;
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9(3) "Director", the director of the department of economic
10    development;
11(4) "Enterprise zone", an enterprise zone created under section
12    135.210 that includes all or part of a home rule city with more than twenty-six
13    thousand but less than twenty-seven thousand inhabitants located in any
14    county with a charter form of government and with more than one million
15    inhabitants;
16(5) "Facility", any building used as a revenue-producing enterprise
17    located within an enterprise zone, including the land on which the facility is
18    located and all machinery, equipment, and other real and depreciable tangible
19    personal property acquired for use at and located at or within such facility and
20    used in connection with the operation of such facility;
21(6) "NAICS", the industrial classification as such classifications are
22    defined in the 1997 edition of the North American Industrial Classification
23    System Manual as prepared by the Executive Office of the President, Office of
24    Management and Budget;
25(7) "Retained business facility", a facility in an enterprise zone
26    operated by the taxpayer which satisfies the following requirements as
27    determined by the department and included in an agreement with the
28    department:
29(a) The taxpayer agrees to a capital investment project at the facility of
30    at least five hundred million dollars to take place over a period of two
31    consecutive taxable years ending no later than the fifth taxable year after
32    continuation of commercial operations;
33(b) The taxpayer has maintained at least two thousand employees per
34    year at the facility for each of the five taxable years preceding the year of
35    continuation of commercial operations;
36(c) The taxpayer agrees to maintain at least the level of employment
37    that it had at the facility in the taxable year immediately preceding the year of
38    continuation of commercial operations for ten consecutive taxable years
39    beginning with the year of the continuation of commercial operations.
40    Temporary layoffs necessary to implement the capital investment project will
41    not be considered a violation of this requirement;
42(d) The taxpayer agrees that the amount of the average wage paid by
43    the taxpayer at the facility will exceed the average wage paid within the county
44    in which the facility is located for ten consecutive taxable years beginning
45    with the year of the continuation of commercial operations;
46(e) Significant local incentives with respect to the project or retained
47    facility have been committed, which incentives may consist of:
48a. Cash or in-kind incentives derived from any nonstate source,
49    including incentives provided by the affected political subdivisions, private
50    industry and/or local chambers of commerce or similar such organizations; or
51b. Relief from local taxes;
52(f) Receipt of the tax exemption, tax credits, and refunds are major
53    factors in the taxpayer's decision to retain its operations at the facility in
54    Missouri and go forward with the capital investment project and not receiving
55    the exemption, credits, and refunds will result in the taxpayer moving its
56    operations out of Missouri; and
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57(g) There is at least one other state that the taxpayer verifies is being
58    considered as the site to which the facility's operations will be relocated;
59(8) "Retained business facility employee", a person employed by the
60    taxpayer in the operation of a retained business facility during the taxable year
61    for which the credit allowed by section 135.279 is claimed, except that truck
62    drivers and rail and barge vehicle operators shall not constitute retained
63    business facility employees. A person shall be deemed to be so employed if
64    such person performs duties in connection with the operation of the retained
65    business facility on a regular, full-time basis. The number of retained business
66    facility employees during any taxable year shall be determined by dividing by
67    twelve the sum of the number of individuals employed on the last business day
68    of each month of such taxable year. If the retained business facility is in
69    operation for less than the entire taxable year, the number of retained business
70    facility employees shall be determined by dividing the sum of the number of
71    individuals employed on the last business day of each full calendar month
72    during the portion of such taxable year during which the retained business
73    facility was in operation by the number of full calendar months during such
74    period;
75(9) "Retained business facility income", the Missouri taxable income,
76    as defined in chapter 143, derived by the taxpayer from the operation of the
77    retained business facility. If a taxpayer has income derived from the operation
78    of a retained business facility as well as from other activities conducted within
79    this state, the Missouri taxable income derived by the taxpayer from the
80    operation of the retained business facility shall be determined by multiplying
81    the taxpayer's Missouri taxable income, computed in accordance with chapter
82    143, by a fraction, the numerator of which is the property factor, as defined in
83    paragraph (a) of this subdivision, plus the payroll factor, as defined in
84    paragraph (b) of this subdivision, and the denominator of which is two:
85(a) The "property factor" is a fraction, the numerator of which is the
86    retained business facility investment certified for the tax period, and the
87    denominator of which is the average value of all the taxpayer's real and
88    depreciable tangible personal property owned or rented and used in this state
89    during the tax period. The average value of all such property shall be
90    determined as provided in chapter 32;
91(b) The "payroll factor" is a fraction, the numerator of which is the
92    total amount paid during the tax period by the taxpayer for compensation to
93    persons qualifying as retained business facility employees at the retained
94    business facility, and the denominator of which is the total amount paid in this
95    state during the tax period by the taxpayer for compensation. The
96    compensation paid in this state shall be determined as provided in chapter 32;
97(10) "Retained business facility investment", the value of real and
98    depreciable tangible personal property, acquired by the taxpayer as part of the
99    retained business facility after the date of continuation of commercial
100    operations, which is used by the taxpayer in the operation of the retained
101    business facility, during the taxable year for which the credit allowed by
102    section 135.279 is claimed, except that trucks, truck-trailers, truck semitrailers,
103    rail vehicles, barge vehicles, aircraft and other rolling stock for hire, track,
104    switches, barges, bridges, tunnels, rail yards, and spurs shall not constitute
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105    retained business facility investments. The total value of such property during
106    such taxable year shall be:
107(a) Its original cost if owned by the taxpayer; or
108(b) Eight times the net annual rental rate, if leased by the taxpayer. The
109    net annual rental rate shall be the annual rental rate paid by the taxpayer less
110    any annual rental rate received by the taxpayer from subrentals. The retained
111    business facility investment shall be determined by dividing by twelve the sum
112    of the total value of such property on the last business day of each calendar
113    month of the taxable year. If the retained business facility is in operation for
114    less than an entire taxable year, the retained business facility investment shall
115    be determined by dividing the sum of the total value of such property on the
116    last business day of each full calendar month during the portion of such
117    taxable year during which the retained business facility was in operation by the
118    number of full calendar months during such period;
119(11) "Revenue-producing enterprise", manufacturing activities
120    classified as NAICS 336211.]
  [135.277. The provisions of chapter 143 notwithstanding, one-half of
2    the Missouri taxable income attributed to an approved retained business
3    facility that is earned by a taxpayer operating the approved retained business
4    facility may be exempt from taxation under chapter 143. That portion of
5    income attributed to the retained business facility shall be determined in a
6    manner prescribed in paragraph (b) of subdivision (9) of section 135.276,
7    except that compensation paid to truck drivers, rail, or barge vehicle operators
8    shall be excluded from the fraction.]
  [135.279. 1. Any taxpayer that operates an approved retained business
2    facility in an enterprise zone may be allowed a credit, each year for ten years,
3    in an amount determined pursuant to subsection 2 or 3 of this section,
4    whichever is applicable, against the tax imposed by chapter 143, excluding
5    withholding tax imposed by sections 143.191 to 143.265, as follows:
6(1) The credit allowed for each retained business facility employee
7    shall be four hundred dollars, except that for each retained business facility
8    employee that exceeds the level of employment set forth in paragraph (b) of
9    subdivision (7) of section 135.276, the credit shall be five hundred dollars.
10    Transfers from another facility operated by the taxpayer in the state will not
11    count as retained business facility employees;
12(2) An additional credit of four hundred dollars shall be granted for
13    each twelve-month period that a retained business facility employee is a
14    resident of an enterprise zone;
15(3) An additional credit of four hundred dollars shall be granted for
16    each twelve-month period that the person employed as a retained business
17    facility employee is a person who, at the time of such employment by the new
18    business facility, met the criteria as set forth in section 135.240;
19(4) To the extent that expenses incurred by a retained business facility
20    in an enterprise zone for the training of persons employed in the operation of
21    the retained business facility is not covered by an existing federal, state, or
22    local program, such retained business facility shall be eligible for a full tax
HCS SS SB 889  146
23    credit equal to eighty percent of that portion of such training expenses which
24    are in excess of four hundred dollars for each trainee who is a resident of an
25    enterprise zone or who was at the time of such employment at the retained
26    business facility unemployable or difficult to employ as defined in section
27    135.240, provided such credit shall not exceed four hundred dollars for each
28    employee trained;
29(5) The credit allowed for retained business facility investment shall
30    be equal to the sum of ten percent of the first ten thousand dollars of such
31    qualifying investment, plus five percent of the next ninety thousand dollars of
32    such qualifying investment, plus two percent of all remaining qualifying
33    investments within an enterprise zone. The taxpayer's retained business
34    facility investment shall be reduced by the amount of investment made by the
35    taxpayer or related taxpayer which was subsequently transferred to the
36    retained business facility from another Missouri facility and for which credits
37    authorized in this section are not being earned.
382. The credits allowed by subsection 1 of this section shall offset the
39    greater of:
40(1) Some portion of the income tax otherwise imposed by chapter 143,
41    excluding withholding tax imposed by sections 143.191 to 143.265, with
42    respect to such taxpayer's retained business facility income for the taxable year
43    for which such credit is allowed; or
44(2) If the taxpayer operates no other facility in Missouri, the credits
45    allowed in subsection 1 of this section shall offset up to fifty percent or, in the
46    case of an economic development project located within a distressed
47    community as defined in section 135.530, seventy-five percent of the
48    business income tax otherwise imposed by chapter 143, excluding
49    withholding tax imposed by sections 143.191 to 143.265, if the business
50    operates no other facilities in Missouri;
51(3) If the taxpayer operates more than one facility in Missouri, the
52    credits allowed in subsection 1 of this section shall offset up to the greater of
53    the portion prescribed in subdivision (1) of this subsection or twenty-five
54    percent or, in the case of an economic development project located within a
55    distressed community as defined in section 135.530, thirty-five percent of the
56    business' tax, except that no taxpayer operating more than one facility in
57    Missouri shall be allowed to offset more than twenty-five percent or, in the
58    case of an economic development project located within a distressed
59    community as defined in section 135.530, thirty-five percent of the
60    taxpayer's business income tax in any tax period under the method
61    prescribed in this subdivision.
623. In the case where a person employed by the retained business
63    facility is a resident of the enterprise zone for less than a twelve-month period,
64    or in the case where a person employed as a retained business facility
65    employee is a person who, at the time of such employment by the retained
66    business facility, met the criteria as set forth in section 135.240, is employed
67    for less than a twelve-month period, the credits allowed by subdivisions (2)
68    and (3) of subsection 1 of this section shall be determined by multiplying the
69    dollar amount of the credit by a fraction, the numerator of which is the number
70    of calendar days during the taxpayer's tax year for which such credits are
HCS SS SB 889  147
71    claimed, in which the person met the requirements prescribed in subdivision
72    (2) or (3) of this subsection, and the denominator of which is three hundred
73    sixty-five.
744. Notwithstanding any provision of law to the contrary, any taxpayer
75    who claims the exemption and credits allowed in sections 135.276 to 135.283
76    shall not be eligible to receive the exemption allowed in section 135.220, the
77    credits allowed in sections 135.225 and 135.235, and the refund authorized by
78    section 135.245 or the tax credits allowed in section 135.110. The taxpayer
79    must elect among the options. To perfect the election, the taxpayer shall attach
80    written notification of such election to the taxpayer's initial application for
81    claiming tax credits. The election shall be irreversible once perfected.
825. A taxpayer shall not receive the income exemption described in
83    section 135.276 and the tax credits described in subsection 1 of this section for
84    any year in which the terms and conditions of sections 135.276 to 135.283 are
85    not met. Such incentives shall not exceed the fifteen-year limitation pursuant
86    to subsection 1 of section 135.230 or the seven-year limitation pursuant to
87    subsection 5 of section 135.230.
886. The initial application for claiming tax credits must be made in the
89    taxpayer's tax period immediately following the tax period in which
90    commencement of commercial operations began at the new business facility.
917. Credits may not be carried forward but shall be claimed for the
92    taxable year during which continuation of commercial operations occurs at
93    such retained business facility, and for each of the nine succeeding taxable
94    years.]
  [135.281. 1. Any taxpayer operating an approved retained business
2    facility that is located within a state enterprise zone established pursuant to
3    sections 135.200 to 135.256 may make an application to the department of
4    economic development for an income tax refund.
52. Such refunds shall be approved only if the amount of tax credits
6    certified for the taxpayer in the taxable year exceeded the company's total
7    Missouri tax on taxable income in that year by an amount equal to at least one
8    million dollars. In such cases, a portion of tax credits earned shall constitute
9    an overpayment of taxes and may be refunded to the taxpayer in the manner
10    authorized by this section.
113. The department shall evaluate and may approve such applications
12    based upon the importance of the approved retained business facility to the
13    economy of Missouri, the company's investment of at least five hundred
14    million dollars in facilities or equipment, and the number of jobs to be created
15    or retained. Such applications may be approved annually for no longer than
16    five successive years. The maximum amount of refund that may be awarded
17    to the manufacturer or assembler shall not exceed two million dollars per year.
18    Notwithstanding other provisions of law to the contrary, if the taxpayer's tax
19    credits issued under sections 135.276 to 135.283 for a taxable year exceed the
20    taxpayer's taxable income by more than two million dollars, the credits may be
21    carried forward for five years or until used, whichever is earlier, and may be
22    included in refund amounts otherwise authorized by this section.]
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  [135.283. 1. A taxpayer shall apply to the department for approval to
2    participate in the program authorized by sections 135.276 to 135.283. The
3    application shall be in a form prescribed by and contain all information
4    requested by the department to determine eligibility for the program and for
5    the department to make its decision whether to approve the taxpayer for
6    participation in the program.
72. The department may issue an approval contingent upon the
8    successful execution of an agreement between the department and the taxpayer
9    seeking approval of a facility as a retained business facility which shall
10    include, but not be limited to, the following:
11(1) A detailed description of the project that is the subject of the
12    agreement;
13(2) A requirement that the taxpayer shall annually report to the
14    department the total amount of salaries and wages paid to eligible employees
15    in retained business facility jobs, and any other information the department
16    requires to confirm compliance with the requirements of sections 135.276 to
17    135.283;
18(3) A requirement that the taxpayer shall provide written notification
19    to the director not more than thirty days after the taxpayer makes or receives a
20    proposal that would transfer the taxpayer's state tax liability obligations to a
21    successor taxpayer;
22(4) A requirement that the taxpayer shall maintain operations at the
23    facility location for at least ten years at a certain employment level;
24(5) The requirements otherwise required by sections 135.276 to
25    135.283; and
26(6) A provision for repayment of incentives upon breach of the
27    agreement.]
  [135.313. 1. Any person, firm or corporation who engages in the
2    business of producing charcoal or charcoal products in the state of Missouri
3    shall be eligible for a tax credit on income taxes otherwise due pursuant to
4    chapter 143, except sections 143.191 to 143.261, as an incentive to implement
5    safe and efficient environmental controls. The tax credit shall be equal to fifty
6    percent of the purchase price of the best available control technology
7    equipment connected with the production of charcoal in the state of Missouri
8    or, if the taxpayer manufactures such equipment, fifty percent of the
9    manufacturing cost of the equipment, to and including the year the
10    equipment is put into service. The credit may be claimed for a period of
11    eight years beginning with the 1998 calendar year and is to be a tax credit
12    against the tax otherwise due.
132. Any amount of credit which exceeds the tax due shall not be
14    refunded but may be carried over to any subsequent taxable year, not to exceed
15    seven years.
163. The charcoal producer may elect to assign to a third party the
17    approved tax credit. Certification of assignment and other appropriate forms
18    must be filed with the Missouri department of revenue and the department of
19    economic development.
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204. When applying for a tax credit, the charcoal producer specified in
21    subsection 1 of this section shall make application for the credit to the division
22    of environmental quality of the department of natural resources. The
23    application shall identify the specific best available control technology
24    equipment and the purchase price, or manufacturing cost of such equipment.
25    The director of the department of natural resources is authorized to require
26    permits to construct prior to the installation of best available control
27    technology equipment and other information which he or she deems
28    appropriate.
295. The director of the department of natural resources in conjunction
30    with the department of economic development shall certify to the department
31    of revenue that the best available control technology equipment meets the
32    requirements to obtain a tax credit as specified in this section.]
  [135.545. A taxpayer shall be allowed a credit for taxes paid pursuant
2    to chapter 143, 147 or 148 in an amount equal to fifty percent of a qualified
3    investment in transportation development for aviation, mass transportation,
4    including parking facilities for users of mass transportation, railroads, ports,
5    including parking facilities and limited access roads within ports, waterborne
6    transportation, bicycle and pedestrian paths, or rolling stock located in a
7    distressed community as defined in section 135.530, and which are part of a
8    development plan approved by the appropriate local agency. If the department
9    of economic development determines the investment has been so approved,
10    the department shall grant the tax credit in order of date received. A taxpayer
11    may carry forward any unused tax credit for up to ten years and may carry it
12    back for the previous three years until such credit has been fully claimed.
13    Certificates of tax credit issued in accordance with this section may be
14    transferred, sold or assigned by notarized endorsement which names the
15    transferee. The tax credits allowed pursuant to this section shall be for an
16    amount of no more than ten million dollars for each year. This credit shall
17    apply to returns filed for all taxable years beginning on or after January 1,
18    1999. Any unused portion of the tax credit authorized pursuant to this section
19    shall be available for use in the future by those entities until fully claimed. For
20    purposes of this section, a "taxpayer" shall include any charitable organization
21    that is exempt from federal income tax and whose Missouri unrelated business
22    taxable income, if any, would be subject to the state income tax imposed under
23    chapter 143.]
  [135.546. For all tax years beginning on or after January 1, 2005, no
2    tax credits shall be approved, awarded, or issued to any person or entity
3    claiming any tax credit under section 135.545; if an organization has been
4    allocated credits for contribution-based credits prior to January 1, 2005, the
5    organization may issue such credits prior to January 1, 2007, for qualified
6    contributions.]
  [135.680. 1. As used in this section, the following terms shall mean:
2(1) "Adjusted purchase price", the product of:
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3(a) The amount paid to the issuer of a qualified equity investment for
4    such qualified equity investment; and
5(b) The following fraction:
6a. The numerator shall be the dollar amount of qualified low-income
7    community investments held by the issuer in this state as of the credit
8    allowance date during the applicable tax year; and
9b. The denominator shall be the total dollar amount of qualified low-
10    income community investments held by the issuer in all states as of the credit
11    allowance date during the applicable tax year;
12c. For purposes of calculating the amount of qualified low-income
13    community investments held by an issuer, an investment shall be considered
14    held by an issuer even if the investment has been sold or repaid; provided that
15    the issuer reinvests an amount equal to the capital returned to or recovered by
16    the issuer from the original investment, exclusive of any profits realized, in
17    another qualified low-income community investment within twelve months of
18    the receipt of such capital. An issuer shall not be required to reinvest capital
19    returned from qualified low-income community investments after the sixth
20    anniversary of the issuance of the qualified equity investment, the proceeds of
21    which were used to make the qualified low-income community investment,
22    and the qualified low-income community investment shall be considered held
23    by the issuer through the seventh anniversary of the qualified equity
24    investment's issuance;
25(2) "Applicable percentage", zero percent for each of the first two
26    credit allowance dates, seven percent for the third credit allowance date, and
27    eight percent for the next four credit allowance dates;
28(3) "Credit allowance date", with respect to any qualified equity
29    investment:
30(a) The date on which such investment is initially made; and
31(b) Each of the six anniversary dates of such date thereafter;
32(4) "Long-term debt security", any debt instrument issued by a
33    qualified community development entity, at par value or a premium, with an
34    original maturity date of at least seven years from the date of its issuance, with
35    no acceleration of repayment, amortization, or prepayment features prior to its
36    original maturity date, and with no distribution, payment, or interest features
37    related to the profitability of the qualified community development entity or
38    the performance of the qualified community development entity's investment
39    portfolio. The foregoing shall in no way limit the holder's ability to accelerate
40    payments on the debt instrument in situations where the issuer has defaulted
41    on covenants designed to ensure compliance with this section or Section 45D
42    of the Internal Revenue Code of 1986, as amended;
43(5) "Qualified active low-income community business", the meaning
44    given such term in Section 45D of the Internal Revenue Code of 1986, as
45    amended; provided that any business that derives or projects to derive fifteen
46    percent or more of its annual revenue from the rental or sale of real estate shall
47    not be considered to be a qualified active low-income community business;
48(6) "Qualified community development entity", the meaning given
49    such term in Section 45D of the Internal Revenue Code of 1986, as amended;
50    provided that such entity has entered into an allocation agreement with the
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51    Community Development Financial Institutions Fund of the U.S. Treasury
52    Department with respect to credits authorized by Section 45D of the Internal
53    Revenue Code of 1986, as amended, which includes the state of Missouri
54    within the service area set forth in such allocation agreement;
55(7) "Qualified equity investment", any equity investment in, or long-
56    term debt security issued by, a qualified community development entity that:
57(a) Is acquired after September 4, 2007, at its original issuance solely
58    in exchange for cash;
59(b) Has at least eighty-five percent of its cash purchase price used by
60    the issuer to make qualified low-income community investments; and
61(c) Is designated by the issuer as a qualified equity investment under
62    this subdivision and is certified by the department of economic development
63    as not exceeding the limitation contained in subsection 2 of this section. This
64    term shall include any qualified equity investment that does not meet the
65    provisions of paragraph (a) of this subdivision if such investment was a
66    qualified equity investment in the hands of a prior holder;
67(8) "Qualified low-income community investment", any capital or
68    equity investment in, or loan to, any qualified active low-income community
69    business. With respect to any one qualified active low-income community
70    business, the maximum amount of qualified low-income community
71    investments made in such business, on a collective basis with all of its
72    affiliates, that may be used from the calculation of any numerator described in
73    subparagraph a. of paragraph (b) of subdivision (1) of this subsection shall be
74    ten million dollars whether issued to one or several qualified community
75    development entities;
76(9) "Tax credit", a credit against the tax otherwise due under chapter
77    143, excluding withholding tax imposed in sections 143.191 to 143.265, or
78    otherwise due under section 375.916 or chapter 147, 148, or 153;
79(10) "Taxpayer", any individual or entity subject to the tax imposed in
80    chapter 143, excluding withholding tax imposed in sections 143.191 to
81    143.265, or the tax imposed in section 375.916 or chapter 147, 148, or 153.
822. A taxpayer that makes a qualified equity investment earns a vested
83    right to tax credits under this section. On each credit allowance date of such
84    qualified equity investment the taxpayer, or subsequent holder of the qualified
85    equity investment, shall be entitled to a tax credit during the taxable year
86    including such credit allowance date. The tax credit amount shall be equal to
87    the applicable percentage of the adjusted purchase price paid to the issuer of
88    such qualified equity investment. The amount of the tax credit claimed shall
89    not exceed the amount of the taxpayer's state tax liability for the tax year for
90    which the tax credit is claimed. No tax credit claimed under this section shall
91    be refundable or transferable. Tax credits earned by a partnership, limited
92    liability company, S-corporation, or other pass-through entity may be allocated
93    to the partners, members, or shareholders of such entity for their direct use in
94    accordance with the provisions of any agreement among such partners,
95    members, or shareholders. Any amount of tax credit that the taxpayer is
96    prohibited by this section from claiming in a taxable year may be carried
97    forward to any of the taxpayer's five subsequent taxable years. The
98    department of economic development shall limit the monetary amount of
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99    qualified equity investments permitted under this section to a level necessary
100    to limit tax credit utilization at no more than twenty-five million dollars of tax
101    credits in any fiscal year. Such limitation on qualified equity investments shall
102    be based on the anticipated utilization of credits without regard to the potential
103    for taxpayers to carry forward tax credits to later tax years.
1043. The issuer of the qualified equity investment shall certify to the
105    department of economic development the anticipated dollar amount of such
106    investments to be made in this state during the first twelve-month period
107    following the initial credit allowance date. If on the second credit allowance
108    date, the actual dollar amount of such investments is different than the amount
109    estimated, the department of economic development shall adjust the credits
110    arising on the second allowance date to account for such difference.
1114. The department of economic development shall recapture the tax
112    credit allowed under this section with respect to such qualified equity
113    investment under this section if:
114(1) Any amount of the federal tax credit available with respect to a
115    qualified equity investment that is eligible for a tax credit under this section is
116    recaptured under Section 45D of the Internal Revenue Code of 1986, as
117    amended; or
118(2) The issuer redeems or makes principal repayment with respect to a
119    qualified equity investment prior to the seventh anniversary of the issuance of
120    such qualified equity investment. Any tax credit that is subject to recapture
121    shall be recaptured from the taxpayer that claimed the tax credit on a return.
1225. The department of economic development shall promulgate rules to
123    implement the provisions of this section, including recapture provisions on a
124    scaled proportional basis, and to administer the allocation of tax credits issued
125    for qualified equity investments, which shall be conducted on a first-come,
126    first-serve basis. Any rule or portion of a rule, as that term is defined in
127    section 536.010, that is created under the authority delegated in this section
128    shall become effective only if it complies with and is subject to all of the
129    provisions of chapter 536 and, if applicable, section 536.028. This section and
130    chapter 536 are nonseverable and if any of the powers vested with the general
131    assembly pursuant to chapter 536 to review, to delay the effective date, or to
132    disapprove and annul a rule are subsequently held unconstitutional, then the
133    grant of rulemaking authority and any rule proposed or adopted after
134    September 4, 2007, shall be invalid and void.
1356. For fiscal years following fiscal year 2010, qualified equity
136    investments shall not be made under this section unless reauthorization is
137    made pursuant to this subsection. For all fiscal years following fiscal year
138    2010, unless the general assembly adopts a concurrent resolution granting
139    authority to the department of economic development to approve qualified
140    equity investments for the Missouri new markets development program and
141    clearly describing the amount of tax credits available for the next fiscal year,
142    or otherwise complies with the provisions of this subsection, no qualified
143    equity investments may be permitted to be made under this section. The
144    amount of available tax credits contained in such a resolution shall not exceed
145    the limitation provided under subsection 2 of this section. In any year in
146    which the provisions of this section shall sunset pursuant to subsection 7 of
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147    this section, reauthorization shall be made by general law and not by
148    concurrent resolution. Nothing in this subsection shall preclude a taxpayer
149    who makes a qualified equity investment prior to the expiration of authority to
150    make qualified equity investments from claiming tax credits relating to such
151    qualified equity investment for each applicable credit allowance date.
1527. Under section 23.253 of the Missouri sunset act:
153(1) The provisions of the new program authorized under this section
154    shall automatically sunset six years after September 4, 2007, unless
155    reauthorized by an act of the general assembly; and
156(2) If such program is reauthorized, the program authorized under this
157    section shall automatically sunset twelve years after the effective date of the
158    reauthorization of this section; and
159(3) This section shall terminate on September first of the calendar year
160    immediately following the calendar year in which the program authorized
161    under this section is sunset. However, nothing in this subsection shall preclude
162    a taxpayer who makes a qualified equity investment prior to sunset of this
163    section under the provisions of section 23.253 from claiming tax credits
164    relating to such qualified equity investment for each credit allowance date.]
  [135.682. 1. The director of the department of economic development
2    or the director's designee shall issue letter rulings regarding the tax credit
3    program authorized under section 135.680, subject to the terms and conditions
4    set forth in this section. The director of the department of economic
5    development may impose additional terms and conditions consistent with this
6    section to requests for letter rulings by regulation promulgated under chapter
7    536. For the purposes of this section, the term "letter ruling" means a written
8    interpretation of law to a specific set of facts provided by the applicant
9    requesting a letter ruling.
102. The director or director's designee shall respond to a request for a
11    letter ruling within sixty days of receipt of such request. The applicant may
12    provide a draft letter ruling for the department's consideration. The applicant
13    may withdraw the request for a letter ruling, in writing, prior to the issuance of
14    the letter ruling. The director or the director's designee may refuse to issue a
15    letter ruling for good cause, but must list the specific reasons for refusing to
16    issue the letter ruling. Good cause includes, but is not limited to:
17(1) The applicant requests the director to determine whether a statute
18    is constitutional or a regulation is lawful;
19(2) The request involves a hypothetical situation or alternative plans;
20(3) The facts or issues presented in the request are unclear, overbroad,
21    insufficient, or otherwise inappropriate as a basis upon which to issue a letter
22    ruling; and
23(4) The issue is currently being considered in a rulemaking procedure,
24    contested case, or other agency or judicial proceeding that may definitely
25    resolve the issue.
263. Letter rulings shall bind the director and the director's agents and
27    their successors until such time as the taxpayer or its shareholders, members,
28    or partners, as applicable, claim all of such tax credits on a Missouri tax return,
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29    subject to the terms and conditions set forth in properly published regulations.
30    The letter ruling shall apply only to the applicant.
314. Letter rulings issued under the authority of this section shall not be a
32    rule as defined in section 536.010 in that it is an interpretation issued by the
33    department with respect to a specific set of facts and intended to apply only to
34    that specific set of facts, and therefore shall not be subject to the rulemaking
35    requirements of chapter 536.
365. Information in letter ruling requests as described in section 620.014
37    shall be closed to the public. Copies of letter rulings shall be available to the
38    public provided that the applicant identifying information and otherwise
39    protected information is redacted from the letter ruling as provided in
40    subsection 1 of section 610.024.]
  [135.710. 1. As used in this section, the following terms mean:
2(1) "Alternative fuel vehicle refueling property", property in this state
3    owned by an eligible applicant and used for storing alternative fuels and for
4    dispensing such alternative fuels into fuel tanks of motor vehicles owned by
5    such eligible applicant or private citizens;
6(2) "Alternative fuels", any motor fuel at least seventy percent of the
7    volume of which consists of one or more of the following:
8(a) Ethanol;
9(b) Natural gas;
10(c) Compressed natural gas, or CNG;
11(d) Liquified natural gas, or LNG;
12(e) Liquified petroleum gas, or LP gas, propane, or autogas;
13(f) Any mixture of biodiesel and diesel fuel, without regard to any use
14    of kerosene;
15(g) Hydrogen;
16(3) "Department", the department of economic development;
17(4) "Electric vehicle recharging property", property in this state owned
18    by an eligible applicant and used for recharging electric motor vehicles owned
19    by such eligible applicant or private citizens;
20(5) "Eligible applicant", a business entity or private citizen that is the
21    owner of an electric vehicle recharging property or an alternative fuel vehicle
22    refueling property;
23(6) "Qualified Missouri contractor", a contractor whose principal place
24    of business is located in Missouri and has been located in Missouri for a period
25    of not less than five years;
26(7) "Qualified property", an electric vehicle recharging property or an
27    alternative fuel vehicle refueling property which, if constructed after August
28    28, 2014, was constructed with at least fifty-one percent of the costs being paid
29    to qualified Missouri contractors for the:
30(a) Fabrication of premanufactured equipment or process piping used
31    in the construction of such facility;
32(b) Construction of such facility; and
33(c) General maintenance of such facility during the time period in
34    which such facility receives any tax credit under this section.
35
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36    If no qualified Missouri contractor is located within seventy-five miles of the
37    property, the requirement that fifty-one percent of the costs shall be paid to
38    qualified Missouri contractors shall not apply.
392. For all tax years beginning on or after January 1, 2015, but before
40    January 1, 2018, any eligible applicant who installs and operates a qualified
41    property shall be allowed a credit against the tax otherwise due under chapter
42    143, excluding withholding tax imposed by sections 143.191 to 143.265, or
43    due under chapter 147 or chapter 148 for any tax year in which the applicant is
44    constructing the qualified property. The credit allowed in this section per
45    eligible applicant who is a private citizen shall not exceed fifteen hundred
46    dollars or per eligible applicant that is a business entity shall not exceed the
47    lesser of twenty thousand dollars or twenty percent of the total costs directly
48    associated with the purchase and installation of any alternative fuel storage and
49    dispensing equipment or any recharging equipment on any qualified property,
50    which shall not include the following:
51(1) Costs associated with the purchase of land upon which to place a
52    qualified property;
53(2) Costs associated with the purchase of an existing qualified
54    property; or
55(3) Costs for the construction or purchase of any structure.
563. Tax credits allowed by this section shall be claimed by the eligible
57    applicant at the time such applicant files a return for the tax year in which the
58    storage and dispensing or recharging facilities were placed in service at a
59    qualified property, and shall be applied against the income tax liability
60    imposed by chapter 143, chapter 147, or chapter 148 after all other credits
61    provided by law have been applied. The cumulative amount of tax credits
62    which may be claimed by eligible applicants claiming all credits authorized in
63    this section shall not exceed one million dollars in any calendar year, subject to
64    appropriations.
654. If the amount of the tax credit exceeds the eligible applicant's tax
66    liability, the difference shall not be refundable. Any amount of credit that an
67    eligible applicant is prohibited by this section from claiming in a taxable year
68    may be carried forward to any of such applicant's two subsequent taxable
69    years. Tax credits allowed under this section may be assigned, transferred,
70    sold, or otherwise conveyed.
715. Any qualified property, for which an eligible applicant receives tax
72    credits under this section, which ceases to sell alternative fuel or recharge
73    electric vehicles shall cause the forfeiture of such eligible applicant's tax
74    credits provided under this section for the taxable year in which the qualified
75    property ceased to sell alternative fuel or recharge electric vehicles and for
76    future taxable years with no recapture of tax credits obtained by an eligible
77    applicant with respect to such applicant's tax years which ended before the sale
78    of alternative fuel or recharging of electric vehicles ceased.
796. The director of revenue shall establish the procedure by which the
80    tax credits in this section may be claimed, and shall establish a procedure by
81    which the cumulative amount of tax credits is apportioned equally among all
82    eligible applicants claiming the credit. To the maximum extent possible, the
83    director of revenue shall establish the procedure described in this subsection in
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84    such a manner as to ensure that eligible applicants can claim all the tax credits
85    possible up to the cumulative amount of tax credits available for the taxable
86    year. No eligible applicant claiming a tax credit under this section shall be
87    liable for any interest or penalty for filing a tax return after the date fixed for
88    filing such return as a result of the apportionment procedure under this
89    subsection.
907. Any eligible applicant desiring to claim a tax credit under this
91    section shall submit the appropriate application for such credit with the
92    department. The application for a tax credit under this section shall include
93    any information required by the department. The department shall review the
94    applications and certify to the department of revenue each eligible applicant
95    that qualifies for the tax credit.
968. The department and the department of revenue may promulgate
97    rules to implement the provisions of this section. Any rule or portion of a rule,
98    as that term is defined in section 536.010, that is created under the authority
99    delegated in this section shall become effective only if it complies with and is
100    subject to all of the provisions of chapter 536 and, if applicable, section
101    536.028. This section and chapter 536 are nonseverable and if any of the
102    powers vested with the general assembly pursuant to chapter 536 to review, to
103    delay the effective date, or to disapprove and annul a rule are subsequently
104    held unconstitutional, then the grant of rulemaking authority and any rule
105    proposed or adopted after August 28, 2008, shall be invalid and void.
1069. The provisions of section 23.253 of the Missouri sunset act
107    notwithstanding:
108(1) The provisions of the new program authorized under this section
109    shall automatically sunset three years after December 31, 2014, unless
110    reauthorized by an act of the general assembly; and
111(2) If such program is reauthorized, the program authorized under this
112    section shall automatically sunset six years after the effective date of the
113    reauthorization of this section; and
114(3) This section shall terminate on December thirty-first of the
115    calendar year immediately following the calendar year in which the program
116    authorized under this section is sunset; and
117(4) The provisions of this subsection shall not be construed to limit or
118    in any way impair the department's ability to redeem tax credits authorized on
119    or before the date the program authorized under this section expires or a
120    taxpayer's ability to redeem such tax credits.]
  [135.766. An eligible small business, as defined in Section 44 of the
2    Internal Revenue Code, shall be allowed a credit against the tax otherwise due
3    pursuant to chapter 143, not including sections 143.191 to 143.265, in an
4    amount equal to any amount paid by the eligible small business to the United
5    States Small Business Administration as a guaranty fee pursuant to obtaining
6    Small Business Administration guaranteed financing and to programs
7    administered by the United States Department of Agriculture for rural
8    development or farm service agencies. No tax credits provided under this
9    section shall be authorized on or after the thirtieth day following the effective
10    date of this act. The provisions of this subsection shall not be construed to
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11    limit or in any way impair the department's ability to issue tax credits
12    authorized prior to the thirtieth day following the effective date of this act, or a
13    taxpayer's ability to redeem such tax credits.]
  [135.980. 1. As used in this section, the following terms shall mean:
2(1) "NAICS", the classification provided by the most recent edition of
3    the North American Industry Classification System as prepared by the
4    Executive Office of the President, Office of Management and Budget;
5(2) "Public financial incentive", any economic or financial incentive
6    offered including:
7(a) Any tax reduction, credit, forgiveness, abatement, subsidy, or other
8    tax-relieving measure;
9(b) Any tax increment financing or similar financial arrangement;
10(c) Any monetary or nonmonetary benefit related to any bond, loan, or
11    similar financial arrangement;
12(d) Any reduction, credit, forgiveness, abatement, subsidy, or other
13    relief related to any bond, loan, or similar financial arrangement; and
14(e) The ability to form, own, direct, or receive any economic or
15    financial benefit from any special taxation district.
162. No city not within a county shall by ballot measure impose any
17    restriction on any public financial incentive authorized by statute for a
18    business with a NAICS code of 212111.
193. The provisions of this section shall expire on December 31, 2017.]
  [136.450. 1. There is hereby established the "Study Commission on
2    State Tax Policy" which shall be composed of the following members:
3(1) The members of the joint committee on tax policy established in
4    section 21.810;
5(2) The state treasurer;
6(3) The state budget director;
7(4) The director of the department of revenue, but only if such person
8    has been appointed by the governor with the advice and consent of the senate
9    in accordance with Article IV, Section 51 of the Constitution of Missouri;
10(5) Three individuals representing the needs and concerns of
11    individual taxpayers in this state, one of whom shall be appointed by the
12    lieutenant governor, one of whom shall be appointed by the minority floor
13    leader of the house of representatives, and one of whom shall be appointed by
14    the minority floor leader of the senate;
15(6) A certified public accountant, who shall be appointed by the
16    lieutenant governor in consultation with the Missouri Society of Certified
17    Public Accountants;
18(7) An independent tax practitioner, who shall be appointed by the
19    lieutenant governor in consultation with the Missouri Society of Accountants;
20(8) An individual with experience operating a business with a
21    headquarters in this state and fewer than fifty employees, who shall be
22    appointed by the speaker of the house of representatives;
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23(9) An individual with experience operating a business with a
24    headquarters in this state and at least fifty employees, who shall be appointed
25    by the president pro tempore of the senate;
26(10) Two individuals with significant experience in state and local
27    taxation, public or private budgeting and finance, or public services delivery,
28    one of whom shall be appointed by the speaker of the house of representatives
29    in consultation with the Missouri Association of Counties and the other
30    appointed by the president pro tempore of the senate in consultation with
31    Missouri Municipal League; and
32(11) A member of the Missouri Bar with knowledge of the tax laws of
33    this state, including tax administration and compliance, who shall be appointed
34    by the board of governors of the Missouri Bar.
352. Any vacancy on the commission shall be filled in the same manner
36    as the original appointment. Any appointed member of the commission shall
37    serve at the pleasure of the appointing authority. Commission members shall
38    serve without compensation but shall be entitled to reimbursement for actual
39    and necessary expenses incurred in the performance of their official duties.
403. The commission shall meet in the capitol building within ten days
41    after its creation and organize by selecting a chair and vice chair from its
42    members. After its organization, the commission shall adopt an agenda
43    establishing at least five hearing dates. The hearings shall be held in different
44    geographic regions of the state and open to the public. Additional meetings
45    may be scheduled and held as often as the chair deems advisable. A majority
46    of the members shall constitute a quorum.
474. It shall be the duty of the commission:
48(1) To make a complete, detailed review and study of the tax structure
49    of the state and its political subdivisions, including tax sources, the impact of
50    taxes, collection procedures, administrative regulations, and all other factors
51    pertinent to the fiscal operation of the state;
52(2) To identify the strengths and weaknesses of state tax laws, and
53    develop a broad range of improvements that could be made to modernize the
54    tax system, maximize economic development and growth, and maintain
55    necessary government services at an appropriate level;
56(3) To investigate measures and methods to simplify state tax law,
57    improve tax compliance, and reduce administrative costs; and
58(4) To examine and study any other aspects of state and local
59    government which may be related to the tax structure of the state.
605. In order to carry out its duties and responsibilities under this section,
61    the commission shall have the authority to:
62(1) Consult with public and private universities and academies, public
63    and private organizations, and private citizens in the performance of its duties;
64(2) Within the limits of appropriations made for such purpose, employ
65    consultants or others to assist the commission in its work, or contract with
66    public and private entities for analysis and study of current or proposed
67    changes to state and local tax policy; and
68(3) Make reasonable requests for staff assistance from the research and
69    appropriations staffs of the house of representatives and senate and the
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70    committee on legislative research, as well as the office of administration and
71    the department of revenue.
726. All state agencies and political subdivisions of the state responsible
73    for the administration of tax policies shall cooperate with and assist the
74    commission in the performance of its duties and shall make available all
75    books, records, and information requested, except such books, records, and
76    information as are by law declared confidential in nature, including
77    individually identifiable information regarding a specific taxpayer.
787. The commission may issue interim reports as it deems fit, but it
79    shall provide the governor and the general assembly with reports of its
80    findings and recommendations for legal and administrative changes, along
81    with any proposed legislation the commission recommends for adoption by the
82    general assembly. A preliminary report shall be due by December 31, 2016. A
83    final report shall be due December 31, 2017.
848. The commission shall cease all activities by January 1, 2018. This
85    section shall expire August 28, 2018.]
  [142.1000. 1. There is hereby created within the department of
2    revenue the "Electric Vehicle Task Force" to consist of the following members:
3(1) The director of the department of revenue, or his or her designee,
4    who shall serve as chair;
5(2) The chairman of the public service commission, or his or her
6    designee, who shall serve as vice chair;
7(3) The director of the department of transportation, or his or her
8    designee;
9(4) One member of the senate committee with jurisdiction over
10    transportation matters, to be appointed by the president pro tempore of the
11    senate;
12(5) One member of the house of representatives committee with
13    jurisdiction over transportation matters, to be appointed by the speaker of the
14    house of representatives;
15(6) One member of the senate committee with jurisdiction over
16    transportation matters, to be appointed by the minority floor leader of the
17    senate;
18(7) One member of the house of representatives committee with
19    jurisdiction over transportation matters, to be appointed by the minority floor
20    leader of the house of representatives;
21(8) One representative of the trucking or heavy vehicle industry, to be
22    appointed by the president pro tempore of the senate;
23(9) One representative of electric vehicle manufacturers or dealers, to
24    be appointed by the speaker of the house of representatives;
25(10) One representative of conventional motor vehicle manufacturers
26    or dealers, to be appointed by the president pro tempore of the senate;
27(11) One representative of the petroleum industry or convenience
28    stores, to be appointed by the speaker of the house of representatives;
29(12) One representative of electric vehicle charging station
30    manufacturers or operators, to be appointed by the president pro tempore of
31    the senate; and
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32(13) One representative of electric utilities, to be appointed by the
33    speaker of the house of representatives.
342. The task force shall analyze the following in the context of
35    transportation funding, and make recommendations as to any actions the state
36    should take to fund transportation infrastructure in anticipation of more
37    widespread adoption of electric vehicles:
38(1) Removal or mitigation of barriers to electric vehicle charging,
39    including strategies, such as time-of-use rates, to reduce operating costs for
40    current and future electric vehicle owners without shifting costs to electric
41    ratepayers who do not own or operate electric vehicles;
42(2) Strategies for managing the impact of electric vehicles on, and
43    services provided for electric vehicles by, the electricity transmission and
44    distribution system;
45(3) Electric system benefits and costs of electric vehicle charging,
46    electric utility planning for electric vehicle charging, and rate design for
47    electric vehicle charging;
48(4) The appropriate role of electric utilities with regard to the
49    deployment and operation of electric vehicle charging systems;
50(5) How and on what terms, including quantity, pricing, and time of
51    day, charging stations owned or operated by entities other than electric utilities
52    will obtain electricity to provide to electric vehicles;
53(6) What safety standards should apply to the charging of electric
54    vehicles;
55(7) The recommended scope of the jurisdiction of the public service
56    commission, the department of revenue, and other state agencies over charging
57    stations owned or operated by entities other than electric utilities;
58(8) Whether charging stations owned or operated by entities other than
59    electric utilities will be free to set the rates or prices at which they provide
60    electricity to electric vehicles, and any other issues relevant to the appropriate
61    oversight of the rates and prices charged by such stations, including
62    transparency to the consumer of those rates and prices; and
63(9) The recommended billing and complaint procedures for charging
64    stations;
65(10) Options to address how electric vehicle users pay toward the cost
66    of maintaining the state's transportation infrastructure, including methods to
67    assess the impact of electric vehicles on that infrastructure and how to
68    calculate a charge based on that impact, the potential assessment of a charge to
69    electric vehicles as a rate per kilowatt hour delivered to an electric vehicle,
70    varying such per-kilowatt-hour charge by size and type of electric vehicle, and
71    phasing in such per-kilowatt-hour charge;
72(11) The accuracy of electric metering and submetering technology for
73    charging electric vehicles;
74(12) Strategies to encourage electric vehicle usage without shifting
75    costs to electric ratepayers who do not own or charge electric vehicles; and
76(13) Any other issues the task force considers relevant.
773. The department of revenue shall provide such research, clerical,
78    technical, and other services as the task force may require in the performance
79    of its duties.
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804. The task force may hold public meetings at which it may invite
81    testimony from experts, or it may solicit information from any party it deems
82    may have information relevant to its duties under this section.
835. No later than December 31, 2022, the task force shall provide to the
84    general assembly and the governor a written report detailing its findings and
85    recommendations, including identifying any recommendations that may
86    require enabling legislation.
876. Members shall serve on the task force without compensation, but
88    may, at the discretion of the director of the department of revenue, be
89    reimbursed for actual and necessary expenses incurred in the performance of
90    their official duties as members of the task force.
917. The task force shall expire on December 31, 2022.]
  [143.173. 1. As used in this section, the following terms mean:
2(1) "County average wage", the average wages in each county as
3    determined by the department of economic development for the most recently
4    completed full calendar year. However, if the computed county average wage
5    is above the statewide average wage, the statewide average wage shall be
6    deemed the county average wage for such county for the purpose of this
7    section;
8(2) "Deduction", an amount subtracted from the taxpayer's Missouri
9    adjusted gross income to determine Missouri taxable income, or federal
10    taxable income in the case of a corporation, for the tax year in which such
11    deduction is claimed;
12(3) "Full-time employee", a position in which the employee is
13    considered full-time by the taxpayer and is required to work an average of at
14    least thirty-five hours per week for a fifty-two week period;
15(4) "New job", the number of full-time employees employed by the
16    small business in Missouri on the qualifying date that exceeds the number of
17    full-time employees employed by the small business in Missouri on the same
18    date of the immediately preceding taxable year;
19(5) "Qualifying date", any date during the tax year as chosen by the
20    small business;
21(6) "Small business", any small business, including any sole
22    proprietorship, partnership, S-corporation, C-corporation, limited liability
23    company, limited liability partnership, or other business entity, consisting of
24    fewer than fifty full- or part-time employees;
25(7) "Taxpayer", any small business subject to the income tax imposed
26    in this chapter, including any sole proprietorship, partnership, S-corporation,
27    C-corporation, limited liability company, limited liability partnership, or other
28    business entity.
292. In addition to all deductions listed in this chapter, for all taxable
30    years beginning on or after January 1, 2011, and ending on or before
31    December 31, 2014, a taxpayer shall be allowed a deduction for each new job
32    created by the small business in the taxable year. Tax deductions allowed to
33    any partnership, limited liability company, S-corporation, or other pass-
34    through entity may be allocated to the partners, members, or shareholders of
35    such entity for their direct use in accordance with the provisions of any
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36    agreement among such partners, members, or shareholders. The deduction
37    amount shall be as follows:
38(1) Ten thousand dollars for each new job created with an annual
39    salary of at least the county average wage; or
40(2) Twenty thousand dollars for each new job created with an annual
41    salary of at least the county average wage if the small business offers health
42    insurance and pays at least fifty percent of such insurance premiums.
433. The department of revenue shall establish the procedure by which
44    the deduction provided in this section may be claimed, and may promulgate
45    rules to implement the provisions of this section. Any rule or portion of a rule,
46    as that term is defined in section 536.010, that is created under the authority
47    delegated in this section shall become effective only if it complies with and is
48    subject to all of the provisions of chapter 536 and, if applicable, section
49    536.028. This section and chapter 536 are nonseverable and if any of the
50    powers vested with the general assembly under chapter 536 to review, to delay
51    the effective date, or to disapprove and annul a rule are subsequently held
52    unconstitutional, then the grant of rulemaking authority and any rule proposed
53    or adopted after August 28, 2011, shall be invalid and void.
544. Under section 23.253 of the Missouri sunset act:
55(1) The provisions of the new program authorized under this section
56    shall automatically sunset on December thirty-first three years after August 28,
57    2011, unless reauthorized by an act of the general assembly; and
58(2) If such program is reauthorized, the program authorized under this
59    section shall automatically sunset on December thirty-first three years after the
60    effective date of the reauthorization of this section; and
61(3) This section shall terminate on September first of the calendar year
62    immediately following the calendar year in which the program authorized
63    under this section is sunset.]
  [143.732. 1. Notwithstanding any provision of law to the contrary, no
2    taxpayer who has an individual tax liability under chapter 143 for the tax year
3    beginning January 1, 2018, and ending December 31, 2018, shall be assessed
4    any penalty before December 31, 2019, for a delayed payment or
5    underpayment on such liability, provided that such taxpayer timely files his
6    or her individual income tax return for such tax year and participates, in good
7    faith, in any payment plan authorized by the department of revenue with
8    respect to such liability. Such taxpayer may nonetheless be assessed interest
9    on such liability under the provisions of section 143.731 and any other relevant
10    provision of law, provided that no interest on such liability shall be assessed
11    before May 15, 2019. If such taxpayer paid interest or penalty on such liability
12    under the provisions of section 143.731 and any other relevant provision of
13    law before May 15, 2019, he or she shall be entitled to a refund of such interest
14    or penalty, which shall be due no later than December 31, 2019.
152. The department of revenue is authorized to adopt such rules and
16    regulations as are reasonable and necessary to implement the provisions of this
17    section. Any rule or portion of a rule, as that term is defined in section
18    536.010, that is created under the authority delegated in this section shall
19    become effective only if it complies with and is subject to all of the provisions
HCS SS SB 889  163
20    of chapter 536 and, if applicable, section 536.028. This section and chapter
21    536 are nonseverable and if any of the powers vested with the general
22    assembly pursuant to chapter 536 to review, to delay the effective date, or to
23    disapprove and annul a rule are subsequently held unconstitutional, then the
24    grant of rulemaking authority and any rule proposed or adopted after July 11,
25    2019, shall be invalid and void.
263. Under section 23.253 of the Missouri sunset act:
27(1) The provisions of the new program authorized under this section
28    shall automatically sunset on December 31, 2019; and
29(2) This section shall terminate on December thirty-first of the
30    calendar year immediately following the calendar year in which the program
31    authorized under this section is sunset.]
  [143.1008. 1. In each taxable year beginning on or after January 1,
2    2008, each individual or corporation entitled to a tax refund in an amount
3    sufficient to make a designation under this section may designate that one
4    dollar or any amount in excess of one dollar on a single return, and two dollars
5    or any amount in excess of two dollars on a combined return, of the refund due
6    be credited to the after-school retreat reading and assessment grant program
7    fund. The contribution designation authorized by this section shall be clearly
8    and unambiguously printed on the first page of each income tax return form
9    provided by this state. If any individual or corporation that is not entitled to a
10    tax refund in an amount sufficient to make a designation under this section
11    wishes to make a contribution to the after-school retreat reading and
12    assessment grant program fund, such individual or corporation may, by
13    separate check, draft, or other negotiable instrument, send in with the payment
14    of taxes, or may send in separately, that amount, clearly designated for the
15    after-school retreat reading and assessment grant program fund, the individual
16    or corporation wishes to contribute. The department of revenue shall deposit
17    such amount to the after-school retreat reading and assessment grant program
18    fund as provided in subsection 2 of this section.
192. The director of revenue shall deposit at least monthly all
20    contributions designated by individuals under this section to the state
21    treasurer for deposit to the after-school retreat reading and assessment grant
22    program fund. The fund shall be administered by the department of
23    elementary and secondary education with moneys in the fund distributed as
24    provided under section 167.680.
253. The director of revenue shall deposit at least monthly all
26    contributions designated by the corporations under this section, less an
27    amount sufficient to cover the cost of collection, handling, and administration
28    by the department of revenue during fiscal year 2008, to the after-school
29    retreat reading and assessment grant program fund.
304. A contribution designated under this section shall only be deposited
31    in the after-school retreat reading and assessment grant program fund after all
32    other claims against the refund from which such contribution is to be made
33    have been satisfied.
345. Moneys deposited in the after-school retreat reading and assessment
35    grant program fund shall be distributed by the department of elementary and
HCS SS SB 889  164
36    secondary education in accordance with the provisions of this section and
37    section 167.680.
386. The state treasurer shall invest moneys in the fund in the same
39    manner as other funds are invested. Any interest and moneys earned on such
40    investments shall be credited to the fund.
417. Pursuant to section 23.253 of the Missouri sunset act:
42(1) The provisions of the new program authorized under this section
43    shall automatically sunset six years after August 28, 2007, unless reauthorized
44    by an act of the general assembly; and
45(2) If such program is reauthorized, the program authorized under this
46    section shall automatically sunset twelve years after the effective date of the
47    reauthorization of this section; and
48(3) This section shall terminate on December thirty-first of the
49    calendar year immediately following the calendar year in which the program
50    authorized under this section is sunset.]
  [143.1009. 1. In each taxable year beginning on or after January 1,
2    2008, each individual or corporation entitled to a tax refund in an amount
3    sufficient to make a designation under this section may designate that one
4    dollar or any amount in excess of one dollar on a single return, and two dollars
5    or any amount in excess of two dollars on a combined return, of the refund due
6    be credited to the breast cancer awareness trust fund, hereinafter referred to as
7    the trust fund. If any individual or corporation that is not entitled to a tax
8    refund in an amount sufficient to make a designation under this section wishes
9    to make a contribution to the trust fund, such individual or corporation may, by
10    separate check, draft, or other negotiable instrument, send in with the payment
11    of taxes, or may send in separately, that amount, clearly designated for the
12    breast cancer awareness trust fund, the individual or corporation wishes to
13    contribute. The department of revenue shall deposit such amount to the trust
14    fund as provided in subsections 2 and 3 of this section. All moneys credited to
15    the trust fund shall be considered nonstate funds under the provisions of
16    Article IV, Section 15 of the Missouri Constitution.
172. The director of revenue shall deposit at least monthly all
18    contributions designated by individuals under this section to the state
19    treasurer for deposit to the trust fund.
203. The director of revenue shall deposit at least monthly all
21    contributions designated by the corporations under this section, less an
22    amount sufficient to cover the costs of collection and handling by the
23    department of revenue, to the state treasury for deposit to the trust fund.
244. A contribution designated under this section shall only be deposited
25    in the trust fund after all other claims against the refund from which such
26    contribution is to be made have been satisfied.
275. All moneys transferred to the trust fund shall be distributed by the
28    director of revenue at times the director deems appropriate to the department
29    of health and senior services. Such funds shall be used solely for the purpose
30    of providing breast cancer services. Notwithstanding the provisions of section
31    33.080 to the contrary, moneys in the trust fund at the end of any biennium
32    shall not be transferred to the credit of the general revenue fund.
HCS SS SB 889  165
336. There is hereby created in the state treasury the "Breast Cancer
34    Awareness Trust Fund", which shall consist of money collected under this
35    section. The state treasurer shall be custodian of the fund. In accordance with
36    sections 30.170 and 30.180, the state treasurer may approve disbursements.
377. Under section 23.253 of the Missouri sunset act:
38(1) The provisions of the new program authorized under this section
39    shall automatically sunset six years after August 28, 2008, unless reauthorized
40    by an act of the general assembly; and
41(2) If such program is reauthorized, the program authorized under this
42    section shall automatically sunset twelve years after the effective date of the
43    reauthorization of this section; and
44(3) This section shall terminate on December thirty-first of the
45    calendar year immediately following the calendar year in which the program
46    authorized under this section is sunset.]
  [143.1013. 1. For all taxable years beginning on or after January 1,
2    2011, each individual or corporation entitled to a tax refund in an amount
3    sufficient to make a designation under this section may designate that one
4    dollar or any amount in excess of one dollar on a single return, and two dollars
5    or any amount in excess of two dollars on a combined return, of the refund due
6    be credited to the American Red Cross trust fund. If any individual or
7    corporation that is not entitled to a tax refund in an amount sufficient to make a
8    designation under this section wishes to make a contribution to the fund, such
9    individual or corporation may, by separate check, draft, or other negotiable
10    instrument, send in with the payment of taxes, or may send in separately, that
11    amount the individual or corporation wishes to contribute. Such amounts shall
12    be clearly designated for the fund.
132. There is hereby created in the state treasury the "American Red
14    Cross Trust Fund", which shall consist of money collected under this section.
15    The state treasurer shall be custodian of the fund. In accordance with sections
16    30.170 and 30.180, the state treasurer may approve disbursements. The fund
17    shall be a dedicated fund and, upon appropriation, money in the fund shall be
18    used solely for the administration of this section. Notwithstanding the
19    provisions of section 33.080 to the contrary, any moneys remaining in the fund
20    at the end of the biennium shall not revert to the credit of the general revenue
21    fund. The state treasurer shall invest moneys in the fund in the same manner
22    as other funds are invested. Any interest and moneys earned on such
23    investments shall be credited to the fund. All moneys credited to the trust fund
24    shall be considered nonstate funds under Section 15, Article IV, Constitution
25    of Missouri. The treasurer shall distribute all moneys deposited in the fund at
26    times the treasurer deems appropriate to the American Red Cross.
273. The director of revenue shall deposit at least monthly all
28    contributions designated by individuals under this section to the state
29    treasurer for deposit to the fund. The director of revenue shall deposit at
30    least monthly all contributions designated by the corporations under this
31    section, less an amount sufficient to cover the costs of collection and handling
32    by the department of revenue, to the state treasury for deposit to the fund. A
33    contribution designated under this section shall only be deposited in the fund
HCS SS SB 889  166
34    after all other claims against the refund from which such contribution is to be
35    made have been satisfied.
364. Under section 23.253 of the Missouri sunset act:
37(1) The provisions of the new program authorized under this section
38    shall automatically sunset on December thirty-first six years after August 28,
39    2011, unless reauthorized by an act of the general assembly; and
40(2) If such program is reauthorized, the program authorized under this
41    section shall automatically sunset on December thirty-first twelve years after
42    the effective date of the reauthorization of this section; and
43(3) This section shall terminate on September first of the calendar year
44    immediately following the calendar year in which the program authorized
45    under this section is sunset.]
  [143.1014. 1. For all taxable years beginning on or after January 1,
2    2011, each individual or corporation entitled to a tax refund in an amount
3    sufficient to make a designation under this section may designate that one
4    dollar or any amount in excess of one dollar on a single return, and two dollars
5    or any amount in excess of two dollars on a combined return, of the refund due
6    be credited to the puppy protection trust fund. If any individual or corporation
7    that is not entitled to a tax refund in an amount sufficient to make a designation
8    under this section wishes to make a contribution to the fund, such individual or
9    corporation may, by separate check, draft, or other negotiable instrument, send
10    in with the payment of taxes, or may send in separately, that amount the
11    individual or corporation wishes to contribute. Such amounts shall be clearly
12    designated for the fund.
132. There is hereby created in the state treasury the "Puppy Protection
14    Trust Fund", which shall consist of money collected under this section. The
15    state treasurer shall be custodian of the fund. In accordance with sections
16    30.170 and 30.180, the state treasurer may approve disbursements. The fund
17    shall be a dedicated fund and, upon appropriation, money in the fund shall be
18    used solely for the state department of agriculture's administration of section
19    273.345. Notwithstanding the provisions of section 33.080 to the contrary, any
20    moneys remaining in the fund at the end of the biennium shall not revert to the
21    credit of the general revenue fund. The state treasurer shall invest moneys in
22    the fund in the same manner as other funds are invested. Any interest and
23    moneys earned on such investments shall be credited to the fund. All moneys
24    credited to the trust fund shall be considered nonstate funds under Section 15,
25    Article IV, Constitution of Missouri. The treasurer shall distribute all moneys
26    deposited in the fund at times the treasurer deems appropriate to the
27    department of agriculture.
283. The director of revenue shall deposit at least monthly all
29    contributions designated by individuals under this section to the state
30    treasurer for deposit to the fund. The director of revenue shall deposit at
31    least monthly all contributions designated by the corporations under this
32    section, less an amount sufficient to cover the costs of collection and handling
33    by the department of revenue, to the state treasury for deposit to the fund. A
34    contribution designated under this section shall only be deposited in the fund
HCS SS SB 889  167
35    after all other claims against the refund from which such contribution is to be
36    made have been satisfied.
374. Under section 23.253 of the Missouri sunset act:
38(1) The provisions of the new program authorized under this section
39    shall automatically sunset on December thirty-first six years after August 28,
40    2011, unless reauthorized by an act of the general assembly; and
41(2) If such program is reauthorized, the program authorized under this
42    section shall automatically sunset on December thirty-first twelve years after
43    the effective date of the reauthorization of this section; and
44(3) This section shall terminate on September first of the calendar year
45    immediately following the calendar year in which the program authorized
46    under this section is sunset.]
  [143.1017. 1. For all taxable years beginning on or after January 1,
2    2011, each individual or corporation entitled to a tax refund in an amount
3    sufficient to make a designation under this section may designate that one
4    dollar or any amount in excess of one dollar on a single return, and two dollars
5    or any amount in excess of two dollars on a combined return, of the refund due
6    be credited to the developmental disabilities waiting list equity trust fund. If
7    any individual or corporation that is not entitled to a tax refund in an amount
8    sufficient to make a designation under this section wishes to make a
9    contribution to the fund, such individual or corporation may, by separate
10    check, draft, or other negotiable instrument, send in with the payment of taxes,
11    or may send in separately, that amount the individual or corporation wishes to
12    contribute. Such amounts shall be clearly designated for the fund.
132. There is hereby created in the state treasury the "Developmental
14    Disabilities Waiting List Equity Trust Fund", which shall consist of money
15    collected under this section. The state treasurer shall be custodian of the fund.
16    In accordance with sections 30.170 and 30.180, the state treasurer may
17    approve disbursements. The fund shall be a dedicated fund and, upon
18    appropriation, money in the fund shall be used solely for the administration of
19    this section and for providing community services and support to people with
20    developmental disabilities and such person's families who are on the
21    developmental disabilities waiting list and are eligible for but not receiving
22    services. Notwithstanding the provisions of section 33.080 to the contrary, any
23    moneys remaining in the fund at the end of the biennium shall not revert to the
24    credit of the general revenue fund. The state treasurer shall invest moneys in
25    the fund in the same manner as other funds are invested. Any interest and
26    moneys earned on such investments shall be credited to the fund. All moneys
27    credited to the trust fund shall be considered nonstate funds under Section 15,
28    Article IV, Constitution of Missouri. The treasurer shall distribute all moneys
29    deposited in the fund at times the treasurer deems appropriate to the
30    department of mental health. The moneys in the developmental disabilities
31    waiting list equity trust fund established in this subsection shall not be
32    appropriated in lieu of general state revenues.
333. The director of revenue shall deposit at least monthly all
34    contributions designated by individuals under this section to the state
35    treasurer for deposit to the fund. The director of revenue shall deposit at
HCS SS SB 889  168
36    least monthly all contributions designated by the corporations under this
37    section, less an amount sufficient to cover the costs of collection and handling
38    by the department of revenue, to the state treasury for deposit to the fund. A
39    contribution designated under this section shall only be deposited in the fund
40    after all other claims against the refund from which such contribution is to be
41    made have been satisfied.
424. Under section 23.253 of the Missouri sunset act:
43(1) The provisions of the new program authorized under this section
44    shall automatically sunset on December thirty-first six years after August 28,
45    2011, unless reauthorized by an act of the general assembly; and
46(2) If such program is reauthorized, the program authorized under this
47    section shall automatically sunset on December thirty-first twelve years after
48    the effective date of the reauthorization of this section; and
49(3) This section shall terminate on September first of the calendar year
50    immediately following the calendar year in which the program authorized
51    under this section is sunset.]
  [143.1027. 1. For all taxable years beginning on or after January 1,
2    2014, each individual or corporation entitled to a tax refund in an amount
3    sufficient to make a designation under this section may designate that one
4    dollar or any amount in excess of one dollar on a single return, and two dollars
5    or any amount in excess of two dollars on a combined return, of the refund due
6    be credited to the Missouri National Guard Foundation fund. If any individual
7    or corporation that is not entitled to a tax refund in an amount sufficient to
8    make a designation under this section wishes to make a contribution to the
9    fund, such individual or corporation may, by separate check, draft, or other
10    negotiable instrument, send in with the payment of taxes, or may send in
11    separately, that amount the individual or corporation wishes to contribute.
12    Such amounts shall be clearly designated for the fund.
132. There is hereby created in the state treasury the "Missouri National
14    Guard Foundation Fund", which shall consist of money collected under this
15    section. The state treasurer shall be custodian of the fund. In accordance with
16    sections 30.170 and 30.180, the state treasurer may approve disbursements.
17    The fund shall be a dedicated fund and, upon appropriation, money in the fund
18    shall be used solely for the administration of this section. Notwithstanding the
19    provisions of section 33.080 to the contrary, any moneys remaining in the fund
20    at the end of the biennium shall not revert to the credit of the general revenue
21    fund. The state treasurer shall invest moneys in the fund in the same manner
22    as other funds are invested. Any interest and moneys earned on such
23    investments shall be credited to the fund. The treasurer shall distribute all
24    moneys deposited in the fund at least monthly to the Missouri National Guard
25    Foundation.
263. The director of revenue shall deposit at least monthly all
27    contributions designated by individuals under this section to the state
28    treasurer for deposit to the fund. The director of revenue shall deposit at
29    least monthly all contributions designated by the corporations under this
30    section, less an amount sufficient to cover the costs of collection and handling
31    by the department of revenue, to the state treasury for deposit to the fund. A
HCS SS SB 889  169
32    contribution designated under this section shall only be deposited in the fund
33    after all other claims against the refund from which such contribution is to be
34    made have been satisfied.
354. Under section 23.253 of the Missouri sunset act:
36(1) The provisions of the new program authorized under this section
37    shall automatically sunset on December thirty-first six years after August 28,
38    2014, unless reauthorized by an act of the general assembly; and
39(2) If such program is reauthorized, the program authorized under this
40    section shall automatically sunset on December thirty-first twelve years after
41    the effective date of the reauthorization of this section; and
42(3) This section shall terminate on September first of the calendar year
43    immediately following the calendar year in which the program authorized
44    under this section is sunset.]
  [143.1100. 1. This section shall be known and may be cited as the
2    "Bring Jobs Home Act".
32. As used in this section, the following terms shall mean:
4(1) "Business unit":
5(a) Any trade or business; and
6(b) Any line of business or function unit which is part of any trade or
7    business;
8(2) "Deduction":
9(a) For individuals, an amount subtracted from the taxpayer's Missouri
10    adjusted gross income to determine Missouri taxable income for the tax year in
11    which such deduction is claimed; and
12(b) For corporations, an amount subtracted from the taxpayer's federal
13    taxable income to determine Missouri taxable income for the tax year in which
14    such deduction is claimed;
15(3) "Department", the department of economic development;
16(4) "Eligible expenses":
17(a) Any amount for which a deduction is allowed to the taxpayer under
18    Section 162 of the Internal Revenue Code of 1986, as amended; and
19(b) Permit and license fees, lease brokerage fees, equipment
20    installation costs, and other similar expenses;
21(5) "Eligible insourcing expenses":
22(a) Eligible expenses paid or incurred by the taxpayer in connection
23    with the elimination of any business unit of the taxpayer or of any member of
24    any expanded affiliated group in which the taxpayer is also a member located
25    outside the state of Missouri; and
26(b) Eligible expenses paid or incurred by the taxpayer in connection
27    with the establishment of any business unit of the taxpayer or of any member
28    of any expanded affiliated group in which the taxpayer is also a member
29    located within the state of Missouri if such establishment constitutes the
30    relocation of the business unit so eliminated.
31
32    For purposes of this subdivision, expenses shall be eligible if such elimination
33    of the business unit in another state or country occurs in a different taxable
34    year from the establishment of the business unit in Missouri;
HCS SS SB 889  170
35(6) "Expanded affiliated group", an affiliated group as defined under
36    Section 1504(a) of the Internal Revenue Code of 1986, as amended, except to
37    be determined without regard to Section 1504(b)(3) of the Internal Revenue
38    Code of 1986, as amended, and determined by substituting "at least eighty
39    percent" with "more than fifty percent" each place the phrase appears under
40    Section 1504(a) of the Internal Revenue Code of 1986, as amended. A
41    partnership or any other entity other than a corporation shall be treated as a
42    member of an expanded affiliated group if such entity is controlled by
43    members of such group including any entity treated as a member of such group
44    by reason of this subdivision;
45(7) "Full-time equivalent employee", a number of employees equal to
46    the number determined by dividing the total number of hours of service for
47    which wages were paid by the employer to employees during the taxable year,
48    by two thousand eighty;
49(8) "Insourcing plan", a written plan to carry out the establishment of a
50    business unit in Missouri;
51(9) "Taxpayer", any individual, firm, partner in a firm, corporation,
52    partnership, shareholder in an S corporation, or member of a limited liability
53    company subject to the income tax imposed under this chapter, excluding
54    withholding tax imposed under sections 143.191 to 143.265.
553. For all taxable years beginning on or after January 1, 2016, a
56    taxpayer shall be allowed a deduction equal to fifty percent of the taxpayer's
57    eligible insourcing expenses in the taxable year chosen under subsection 5 of
58    this section. The amount of the deduction claimed shall not exceed the amount
59    of:
60(1) For individuals, the taxpayer's Missouri adjusted gross income for
61    the taxable year the deduction is claimed; and
62(2) For corporations, the taxpayer's Missouri taxable income for the
63    taxable year the deduction is claimed.
64
65    However, any amount of the deduction that cannot be claimed in the taxable
66    year may be carried over to the next five succeeding taxable years until the full
67    deduction has been claimed.
684. No deduction shall be allowed under this section until the
69    department determines that the number of full-time equivalent employees of
70    the taxpayer in the taxable year the deduction is claimed exceeds the number
71    of full-time equivalent employees of the taxpayer in the taxable year prior to
72    the taxpayer incurring any eligible insourcing expenses.
735. Only eligible insourcing expenses that occur in the taxable year
74    such expenses are paid or incurred and:
75(1) The taxpayer's insourcing plan is completed; or
76(2) The first taxable year after the taxpayer's insourcing plan is
77    completed;
78
79    shall be used to calculate the deduction allowed under this section.
806. Notwithstanding any other provision of law to the contrary, no
81    deduction shall be allowed for any expenses incurred due to dissolving a
82    business unit in Missouri and relocating such business unit to another state.
 HCS SS SB 889  171
837. The total amount of deductions authorized under this section shall
84    not exceed five million dollars in any taxable year. In the event that more than
85    five million dollars in deductions are claimed in a taxable year, deductions
86    shall be issued on a first-come, first-served filing basis.
878. A taxpayer who receives a deduction under the provisions of this
88    section shall be ineligible to receive incentives under the provisions of any
89    other state tax deduction program for the same expenses incurred.
909. Any taxpayer allowed a deduction under this section who, within
91    ten years of receiving such deduction, eliminates the business unit for which
92    the deduction was allowed shall repay the amount of tax savings realized from
93    the deduction to the state, prorated by the number of years the business unit
94    was in this state.
9510. The department of economic development and the department of
96    revenue shall promulgate rules to implement the provisions of this section.
97    Any rule or portion of a rule, as that term is defined in section 536.010, that is
98    created under the authority delegated in this section shall become effective
99    only if it complies with and is subject to all of the provisions of chapter 536
100    and, if applicable, section 536.028. This section and chapter 536 are
101    nonseverable and if any of the powers vested with the general assembly
102    pursuant to chapter 536 to review, to delay the effective date, or to disapprove
103    and annul a rule are subsequently held unconstitutional, then the grant of
104    rulemaking authority and any rule proposed or adopted after August 28, 2016,
105    shall be invalid and void.
10611. Under section 23.253:
107(1) The provisions of the new program authorized under this section
108    shall automatically sunset six years after August 28, 2016, unless reauthorized
109    by an act of the general assembly; and
110(2) If such program is reauthorized, the program authorized under this
111    section shall automatically sunset twelve years after the effective date of the
112    reauthorization of this section; and
113(3) This section shall terminate on September first of the calendar year
114    immediately following the calendar year in which the program authorized
115    under this section is sunset.]
  [161.825. 1. This section shall be known and may be cited as "Bryce's
2    Law".
32. As used in this section, the following terms mean:
4(1) "Autism spectrum disorder", pervasive developmental disorder;
5    Asperger syndrome; childhood disintegrative disorder; Rett syndrome; and
6    autism;
7(2) "Contribution", a donation of cash, stock, bonds, or other
8    marketable securities, or real property;
9(3) "Department", the department of elementary and secondary
10    education;
11(4) "Director", the commissioner of education;
12(5) "Dyslexia therapy", an appropriate specialized dyslexia
13    instructional program that is systematic, multisensory, and research-based
14    offered in a small group setting to teach students the components of reading
HCS SS SB 889  172
15    instruction including but not limited to phonemic awareness, graphophonemic
16    knowledge, morphology, semantics, syntax, and pragmatics, instruction on
17    linguistic proficiency and fluency with patterns of language so that words and
18    sentences are carriers of meaning, and strategies that students use for
19    decoding, encoding, word recognition, fluency and comprehension delivered
20    by qualified personnel;
21(6) "Educational scholarships", grants to students or children to cover
22    all or part of the tuition and fees at a qualified nonpublic school, a qualified
23    public school, or a qualified service provider, including transportation;
24(7) "Eligible child", any child from birth to age five living in Missouri
25    who has an individualized family services program under the first steps
26    program, sections 160.900 to 160.933, and whose parent or guardian has
27    completed the complaint procedure under the Individuals with Disabilities
28    Education Act, Part C, and has received an unsatisfactory response; or any
29    child from birth to age five who has been evaluated for qualifying needs as
30    defined in this section by a person qualified to perform evaluations under the
31    first steps program and has been determined to have a qualifying need but who
32    falls below the threshold for eligibility by no less than twenty-five percent;
33(8) "Eligible student", any elementary or secondary student who
34    attended public school in Missouri the preceding semester, or who will be
35    attending school in Missouri for the first time, who has an individualized
36    education program based on a qualifying needs condition or who has a medical
37    or clinical diagnosis by a qualified health professional of a qualifying needs
38    condition which in the case of dyslexia, may be based on the C-TOPP
39    assessment as an initial indicator of dyslexia and confirmed by further medical
40    or clinical diagnosis;
41(9) "Parent", includes a guardian, custodian, or other person with
42    authority to act on behalf of the student or child;
43(10) "Program", the program established in this section;
44(11) "Qualified health professional", a person licensed under chapter
45    334 or 337 who possesses credentials as described in rules promulgated jointly
46    by the department of elementary and secondary education and the department
47    of mental health to make a diagnosis of a student's qualifying needs for this
48    program;
49(12) "Qualified school", either an accredited public elementary or
50    secondary school in a district that is accredited without provision outside of
51    the district in which a student resides or an accredited nonpublic elementary or
52    secondary school in Missouri that complies with all of the requirements of the
53    program and complies with all state laws that apply to nonpublic schools
54    regarding criminal background checks for employees and excludes from
55    employment any person not permitted by state law to work in a nonpublic
56    school;
57(13) "Qualified service provider", a person or agency authorized by
58    the department to provide services under the first steps program, sections
59    160.900 to 160.933, and in the case of a provider offering dyslexia therapy, the
60    term also includes a person with national certification as an academic language
61    therapist;
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62(14) "Qualifying needs", an autism spectrum disorder, Down
63    Syndrome, Angelman Syndrome, cerebral palsy, or dyslexia;
64(15) "Scholarship granting organization", a charitable organization
65    that:
66(a) Is exempt from federal income tax;
67(b) Complies with the requirements of this program;
68(c) Provides education scholarships to students attending qualified
69    schools of their parents' choice or to children receiving services from qualified
70    service providers; and
71(d) Does not accept contributions on behalf of any eligible student or
72    eligible child from any donor with any obligation to provide any support for
73    the eligible student or eligible child.
743. The department of elementary and secondary education shall
75    develop a master list of resources available to the parents of children with an
76    autism spectrum disorder or dyslexia and shall maintain a web page for the
77    information. The department shall also actively seek financial resources in the
78    form of grants and donations that may be devoted to scholarship funds or to
79    clinical trials for behavioral interventions that may be undertaken by qualified
80    service providers. The department may contract out or delegate these duties to
81    a nonprofit organization. Priority in referral for funding shall be given to
82    children who have not yet entered elementary school.
834. The director shall determine, at least annually, which organizations
84    in this state may be classified as scholarship granting organizations. The
85    director may require of an organization seeking to be classified as a
86    scholarship granting organization whatever information that is reasonably
87    necessary to make such a determination. The director shall classify an
88    organization as a scholarship granting organization if such organization meets
89    the definition set forth in this section.
905. The director shall establish a procedure by which a donor can
91    determine if an organization has been classified as a scholarship granting
92    organization. Scholarship granting organizations shall be permitted to decline
93    a contribution from a donor.
946. Each scholarship granting organization shall provide information to
95    the director concerning the identity of each donor making a contribution to the
96    scholarship granting organization.
977. (1) The director shall annually make a determination on the number
98    of students in Missouri with an individualized education program based upon
99    qualifying needs as defined in this section. The director shall use ten percent
100    of this number to determine the maximum number of students to receive
101    scholarships from a scholarship granting organization in that year for students
102    with qualifying needs who have at the time of application an individualized
103    education program, plus a number calculated by the director by applying the
104    state's latest available autism, cerebral palsy, Down Syndrome, Angelman
105    Syndrome, and dyslexia incidence rates to the state's population of children
106    from age five to nineteen who are not enrolled in public schools and taking ten
107    percent of that number. The total of these two calculations shall constitute the
108    maximum number of scholarships available to students.
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109(2) The director shall also annually make a determination on the
110    number of children in Missouri whose parent or guardian has enrolled the
111    child in first steps, received an individualized family services program based
112    on qualifying needs, and filed a complaint through the Individuals with
113    Disabilities Education Act, Part C, and received an unsatisfactory response. In
114    addition to this number, the director shall apply the latest available autism,
115    cerebral palsy, Down Syndrome, Angelman Syndrome, and dyslexia incidence
116    rates to the latest available census information for children from birth to age
117    five and determine ten percent of that number for the maximum number of
118    scholarships for children.
119(3) The director shall publicly announce the number of each category
120    of scholarship opportunities available each year. Once a scholarship granting
121    organization has decided to provide a student or child with a scholarship, it
122    shall promptly notify the director. The director shall keep a running tally of
123    the number of scholarships granted in the order in which they were reported.
124    Once the tally reaches the annual limit of scholarships for eligible students or
125    children, the director shall notify all of the participating scholarship granting
126    organizations that they shall not issue any more scholarships and any more
127    receipts for contributions. If the scholarship granting organizations have not
128    expended all of their available scholarship funds in that year at the time when
129    the limit is reached, the available scholarship funds may be carried over into
130    the next year. These unexpended funds shall not be counted as part of the
131    requirement in subdivision (3) of subsection 8 of this section for that year.
132    Any receipt for a scholarship contribution issued by a scholarship granting
133    organization before the director has publicly announced the student or child
134    limit has been reached shall be valid. Beginning with school year 2016-17, the
135    director may adjust the allocation of the proportion of scholarships using
136    information on unmet need and use patterns from the previous school years.
137    The director shall provide notice of the change to the state board of education
138    for its approval.
1398. Each scholarship granting organization participating in the program
140    shall:
141(1) Notify the department of its intent to provide educational
142    scholarships to students attending qualified schools or children receiving
143    services from qualified service providers;
144(2) Provide a department-approved receipt to donors for contributions
145    made to the organization;
146(3) Ensure that at least ninety percent of its revenue from donations is
147    spent on educational scholarships, and that all revenue from interest or
148    investments is spent on educational scholarships;
149(4) Ensure that the scholarships provided do not exceed an average of
150    twenty thousand dollars per eligible child or fifty thousand dollars per eligible
151    student;
152(5) Inform the parent or guardian of the student or child applying for a
153    scholarship that accepting the scholarship is tantamount to a parentally placed
154    private school student pursuant to 34 CFR 300.130 and, thus, neither the
155    department nor any Missouri public school is responsible to provide the
156    student with a free appropriate public education pursuant to the Individuals
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157    with Disabilities Education Act or Section 504 of the Rehabilitation Act of
158    1973;
159(6) Distribute periodic scholarship payments as checks made out to a
160    student's or child's parent and mailed to the qualified school where the student
161    is enrolled or qualified service provider used by the child. The parent or
162    guardian shall endorse the check before it can be deposited;
163(7) Cooperate with the department to conduct criminal background
164    checks on all of its employees and board members and exclude from
165    employment or governance any individual who might reasonably pose a risk to
166    the appropriate use of contributed funds;
167(8) Ensure that scholarships are portable during the school year and
168    can be used at any qualified school that accepts the eligible student or at a
169    different qualified service provider for an eligible child according to a parent's
170    wishes. If a student moves to a new qualified school during a school year or to
171    a different qualified service provider for an eligible child, the scholarship
172    amount may be prorated;
173(9) Demonstrate its financial accountability by:
174(a) Submitting a financial information report for the organization that
175    complies with uniform financial accounting standards established by the
176    department and conducted by a certified public accountant; and
177(b) Having the auditor certify that the report is free of material
178    misstatements;
179(10) Demonstrate its financial viability, if the organization is to receive
180    donations of fifty thousand dollars or more during the school year, by filing
181    with the department before the start of the school year:
182(a) A surety bond payable to the state in an amount equal to the
183    aggregate amount of contributions expected to be received during the school
184    year; or
185(b) Financial information that demonstrates the financial viability of
186    the scholarship granting organization.
1879. Each scholarship granting organization shall ensure that each
188    participating school or service provider that accepts its scholarship students or
189    children shall:
190(1) Comply with all health and safety laws or codes that apply to
191    nonpublic schools or service providers;
192(2) Hold a valid occupancy permit if required by its municipality;
193(3) Certify that it will comply with 42 U.S.C. Section 1981, as
194    amended;
195(4) Provide academic accountability to parents of the students or
196    children in the program by regularly reporting to the parent on the student's or
197    child's progress;
198(5) Certify that in providing any educational services or behavior
199    strategies to a scholarship recipient with a medical or clinical diagnosis of or
200    an individualized education program based upon autism spectrum disorder it
201    will:
202(a) Adhere to the best practices recommendations of the Missouri
203    Autism Guidelines Initiative or document why it is varying from the
204    guidelines;
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205(b) Not use any evidence-based interventions that have been found
206    ineffective by the Centers for Medicare and Medicaid Services as described in
207    the Missouri Autism Guidelines Initiative guide to evidence-based
208    interventions; and
209(c) Provide documentation in the student's or child's record of the
210    rationale for the use of any intervention that is categorized as unestablished,
211    insufficient evidence, or level 3 by the Missouri Autism Guidelines Initiative
212    guide to evidence-based interventions; and
213(6) Certify that in providing any educational services or behavior
214    strategies to a scholarship recipient with a medical or clinical diagnosis of, or
215    an individualized family services program based upon Down Syndrome,
216    Angelman Syndrome, cerebral palsy, or dyslexia, it will use student, teacher,
217    teaching, and school influences that rank in the zone of desired effects in the
218    meta-analysis of John Hattie, or equivalent analyses as determined by the
219    department, or document why it is using a method that has not been
220    determined by analysis to rank in the zone of desired effects.
22110. Scholarship granting organizations shall not provide educational
222    scholarships for students to attend any school or children to receive services
223    from any qualified service provider with paid staff or board members who are
224    relatives within the first degree of consanguinity or affinity.
22511. A scholarship granting organization shall publicly report to the
226    department, by June first of each year, the following information prepared by a
227    certified public accountant regarding its grants in the previous calendar year:
228(1) The name and address of the scholarship granting organization;
229(2) The total number and total dollar amount of contributions received
230    during the previous calendar year; and
231(3) The total number and total dollar amount of educational
232    scholarships awarded during the previous calendar year, including the
233    category of each scholarship, and the total number and total dollar amount
234    of educational scholarships awarded during the previous year to students
235    eligible for free and reduced lunch.
23612. The department shall adopt rules and regulations consistent with
237    this section as necessary to implement the program.
23813. The department shall provide a standardized format for a receipt to
239    be issued by a scholarship granting organization to a donor to indicate the
240    value of a contribution received.
24114. The department shall provide a standardized format for scholarship
242    granting organizations to report the information in this section.
24315. The department may conduct either a financial review or audit of a
244    scholarship granting organization.
24516. If the department believes that a scholarship granting organization
246    has intentionally and substantially failed to comply with the requirements of
247    this section, the department may hold a hearing before the director or the
248    director's designee to bar a scholarship granting organization from
249    participating in the program. The director or the director's designee shall
250    issue a decision within thirty days. A scholarship granting organization may
251    appeal the director's decision to the administrative hearing commission for a
252    hearing in accordance with the provisions of chapter 621.
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25317. If the scholarship granting organization is barred from
254    participating in the program, the department shall notify affected scholarship
255    students or children and their parents of this decision within fifteen days.
25618. Any rule or portion of a rule, as that term is defined in section
257    536.010, that is created under the authority delegated in this section shall
258    become effective only if it complies with and is subject to all of the provisions
259    of chapter 536 and, if applicable, section 536.028. This section and chapter
260    536 are nonseverable and if any of the powers vested with the general
261    assembly pursuant to chapter 536 to review, to delay the effective date, or to
262    disapprove and annul a rule are subsequently held unconstitutional, then the
263    grant of rulemaking authority and any rule proposed or adopted after August
264    28, 2013, shall be invalid and void.
26519. The department shall conduct a study of the program with funds
266    other than state funds. The department may contract with one or more
267    qualified researchers who have previous experience evaluating similar
268    programs. The department may accept grants to assist in funding this study.
26920. The study shall assess:
270(1) The level of participating students' and children's satisfaction with
271    the program in a manner suitable to the student or child;
272(2) The level of parental satisfaction with the program;
273(3) The percentage of participating students who were bullied or
274    harassed because of their special needs status at their resident school district
275    compared to the percentage so bullied or harassed at their qualified school;
276(4) The percentage of participating students who exhibited behavioral
277    problems at their resident school district compared to the percentage exhibiting
278    behavioral problems at their qualified school;
279(5) The class size experienced by participating students at their
280    resident school district and at their qualified school; and
281(6) The fiscal impact to the state and resident school districts of the
282    program.
28321. The study shall be completed using appropriate analytical and
284    behavioral sciences methodologies to ensure public confidence in the study.
28522. The department shall provide the general assembly with a final
286    copy of the evaluation of the program by December 31, 2016.
28723. The public and nonpublic participating schools and service
288    providers from which students transfer to participate in the program shall
289    cooperate with the research effort by providing student or child assessment
290    instrument scores and any other data necessary to complete this study.
29124. The general assembly may require periodic updates on the status of
292    the study from the department. The individuals completing the study shall
293    make their data and methodology available for public review while complying
294    with the requirements of the Family Educational Rights and Privacy Act, as
295    amended.
29625. Under section 23.253 of the Missouri sunset act:
297(1) The provisions of the new program authorized under this section
298    shall sunset automatically on December 31, 2019, unless reauthorized by an
299    act of the general assembly; and
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300(2) If such program is reauthorized, the program authorized under this
301    section shall sunset automatically on December 31, 2031; and
302(3) This section shall terminate on December thirty-first of the
303    calendar year immediately following the calendar year in which the program
304    authorized under this section is sunset.]
  [161.1055. 1. Subject to appropriations, the department of elementary
2    and secondary education shall establish the "Trauma-Informed Schools Pilot
3    Program".
42. Under the trauma-informed schools pilot program, the department
5    of elementary and secondary education shall choose five schools to receive
6    intensive training on the trauma-informed approach.
73. The five schools chosen for the pilot program shall be located in the
8    following areas:
9(1) One public school located in a metropolitan school district;
10(2) One public school located in a home rule city with more than four
11    hundred thousand inhabitants and located in more than one county;
12(3) One public school located in a school district that has most or all of
13    its land area located in a county with a charter form of government and with
14    more than nine hundred fifty thousand inhabitants;
15(4) One public school located in a school district that has most or all of
16    its land area located in a county with a charter form of government and with
17    more than six hundred thousand but fewer than seven hundred thousand
18    inhabitants; and
19(5) One public school located in any one of the following counties:
20(a) A county of the third classification without a township form of
21    government and with more than forty-one thousand but fewer than forty-five
22    thousand inhabitants;
23(b) A county of the third classification without a township form of
24    government and with more than six thousand but fewer than seven thousand
25    inhabitants and with a city of the fourth classification with more than eight
26    hundred but fewer than nine hundred inhabitants as the county seat;
27(c) A county of the third classification with a township form of
28    government and with more than thirty-one thousand but fewer than thirty-five
29    thousand inhabitants;
30(d) A county of the third classification without a township form of
31    government and with more than fourteen thousand but fewer than sixteen
32    thousand inhabitants and with a city of the third classification with more than
33    five thousand but fewer than six thousand inhabitants as the county seat;
34(e) A county of the third classification without a township form of
35    government and with more than eighteen thousand but fewer than twenty
36    thousand inhabitants and with a city of the fourth classification with more than
37    three thousand but fewer than three thousand seven hundred inhabitants as the
38    county seat;
39(f) A county of the third classification without a township form of
40    government and with more than eighteen thousand but fewer than twenty
41    thousand inhabitants and with a city of the third classification with more than
42    six thousand but fewer than seven thousand inhabitants as the county seat;
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43(g) A county of the third classification without a township form of
44    government and with more than fourteen thousand but fewer than sixteen
45    thousand inhabitants and with a city of the fourth classification with more than
46    one thousand nine hundred but fewer than two thousand one hundred
47    inhabitants as the county seat;
48(h) A county of the third classification without a township form of
49    government and with more than thirty-seven thousand but fewer than forty-one
50    thousand inhabitants and with a city of the fourth classification with more than
51    eight hundred but fewer than nine hundred inhabitants as the county seat;
52(i) A county of the third classification with a township form of
53    government and with more than twenty-eight thousand but fewer than thirty-
54    one thousand inhabitants; or
55(j) A county of the third classification without a township form of
56    government and with more than twelve thousand but fewer than fourteen
57    thousand inhabitants and with a city of the fourth classification with more than
58    five hundred but fewer than five hundred fifty inhabitants as the county seat.
594. The department of elementary and secondary education shall:
60(1) Train the teachers and administrators of the five schools chosen for
61    the pilot program regarding the trauma-informed approach and how to become
62    trauma-informed schools;
63(2) Provide the five schools with funds to implement the trauma-
64    informed approach; and
65(3) Closely monitor the progress of the five schools in becoming
66    trauma-informed schools and provide further assistance if necessary.
675. The department of elementary and secondary education shall
68    terminate the trauma-informed schools pilot program on August 28, 2019.
69    Before December 31, 2019, the department of elementary and secondary
70    education shall submit a report to the general assembly that contains the results
71    of the pilot program, including any benefits experienced by the five schools
72    chosen for the program.
736. (1) There is hereby created in the state treasury the "Trauma-
74    Informed Schools Pilot Program Fund". The fund shall consist of any
75    appropriations to such fund. The state treasurer shall be custodian of the fund.
76    In accordance with sections 30.170 and 30.180, the state treasurer may
77    approve disbursements of public moneys in accordance with distribution
78    requirements and procedures developed by the department of elementary and
79    secondary education. The fund shall be a dedicated fund and, upon
80    appropriation, moneys in the fund shall be used solely for the administration of
81    this section.
82(2) Notwithstanding the provisions of section 33.080 to the contrary,
83    any moneys remaining in the fund at the end of the biennium shall not revert to
84    the credit of the general revenue fund.
85(3) The state treasurer shall invest moneys in the fund in the same
86    manner as other funds are invested. Any interest and moneys earned on such
87    investments shall be credited to the fund.
887. For purposes of this section, the following terms mean:
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89(1) "Trauma-informed approach", an approach that involves
90    understanding and responding to the symptoms of chronic interpersonal
91    trauma and traumatic stress across the lifespan;
92(2) "Trauma-informed school", a school that:
93(a) Realizes the widespread impact of trauma and understands
94    potential paths for recovery;
95(b) Recognizes the signs and symptoms of trauma in students,
96    teachers, and staff;
97(c) Responds by fully integrating knowledge about trauma into its
98    policies, procedures, and practices; and
99(d) Seeks to actively resist retraumatization.
1008. The provisions of this section shall expire December 31, 2019.]
  [167.910. 1. There is hereby established the "Career Readiness Course
2    Task Force" to explore the possibility of a course covering the topics described
3    in this section being offered in the public schools to students in eighth grade or
4    ninth grade. Task force members shall be chosen to represent the geographic
5    diversity of the state. All task force members shall be appointed before
6    October 31, 2018. The task force members shall be appointed as follows:
7(1) A parent of a student attending elementary school, appointed by
8    the joint committee on education;
9(2) A parent of a student attending a grade not lower than the sixth nor
10    higher than the eighth grade, appointed by the joint committee on education;
11(3) A parent of a student attending high school, appointed by the joint
12    committee on education;
13(4) An elementary education professional from an accredited school
14    district, appointed by the joint committee on education from names submitted
15    by statewide education employee organizations;
16(5) Two education professionals giving instruction in a grade or grades
17    not lower than the sixth nor higher than the eighth grade in accredited school
18    districts, appointed by the joint committee on education from names submitted
19    by statewide education employee organizations;
20(6) Two secondary education professionals from accredited school
21    districts, appointed by the joint committee on education from names submitted
22    by statewide education employee organizations;
23(7) A career and technical education professional who has experience
24    serving as an advisor to a statewide career and technical education
25    organization, appointed by a statewide career and technical education
26    organization;
27(8) An education professional from an accredited technical high
28    school, appointed by a statewide career and technical education organization;
29(9) A public school board member, appointed by a statewide
30    association of school boards;
31(10) A secondary school principal, appointed by a statewide
32    association of secondary school principals;
33(11) A principal of a school giving instruction in a grade or grades not
34    lower than the sixth nor higher than the eighth grade, appointed by a statewide
35    association of secondary school principals;
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36(12) An elementary school counselor, appointed by a statewide
37    association of school counselors;
38(13) Two school counselors from a school giving instruction in a grade
39    or grades not lower than the sixth nor higher than the eighth grade, appointed
40    by a statewide association of school counselors;
41(14) A secondary school counselor, appointed by a statewide
42    association of school counselors;
43(15) A secondary school career and college counselor, appointed by a
44    statewide association of school counselors;
45(16) An apprenticeship professional, appointed by the division of
46    workforce development of economic development;
47(17) A representative of Missouri Project Lead the Way, appointed by
48    the statewide Project Lead the Way organization;
49(18) A representative of the state technical college, appointed by the
50    state technical college;
51(19) A representative of a public community college, appointed by a
52    statewide organization of community colleges; and
53(20) A representative of a public four-year institution of higher
54    education, appointed by the commissioner of higher education.
552. The members of the task force established under subsection 1 of this
56    section shall elect a chair from among the membership of the task force. The
57    task force shall meet as needed to complete its consideration of the course
58    described in subsection 5 of this section and provide its findings and
59    recommendations as described in subsection 6 of this section. Members of the
60    task force shall serve without compensation. No school district policy or
61    administrative action shall require any education employee member to use
62    personal leave or incur a reduction in pay for participating on the task force.
633. The task force shall hold at least three public hearings to provide an
64    opportunity to receive public testimony including, but not limited to, testimony
65    from educators, local school boards, parents, representatives from business
66    and industry, labor and community leaders, members of the general assembly,
67    and the general public.
684. The department of elementary and secondary education shall
69    provide such legal, research, clerical, and technical services as the task force
70    may require in the performance of its duties.
715. The task force established under subsection 1 of this section shall
72    consider a course that:
73(1) Gives students an opportunity to explore various career and
74    educational opportunities by:
75(a) Administering career surveys to students and helping students use
76    Missouri Connections to determine their career interests and develop plans to
77    meet their career goals;
78(b) Explaining the differences between types of colleges, including
79    two-year and four-year colleges and noting the availability of registered
80    apprenticeship programs as alternatives to college for students;
81(c) Describing technical degrees offered by colleges;
82(d) Explaining the courses and educational experiences offered at
83    community colleges;
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84(e) Describing the various certificates and credentials available to earn
85    at the school or other schools including, but not limited to, career and technical
86    education certificates described under section 170.029 and industry-
87    recognized certificates and credentials;
88(f) Advising students of any advanced placement courses that they
89    may take at the school;
90(g) Describing any opportunities at the school for dual enrollment;
91(h) Advising students of any Project Lead the Way courses offered at
92    the school and explaining how Project Lead the Way courses help students
93    learn valuable skills;
94(i) Informing students of the availability of funding for postsecondary
95    education through the A+ schools program described under section 160.545;
96(j) Describing the availability of virtual courses;
97(k) Describing the types of skills and occupations most in demand in
98    the current job market and those skills and occupations likely to be in high
99    demand in future years;
100(l) Describing the typical salaries for occupations, salary trends, and
101    opportunities for advancement in various occupations;
102(m) Emphasizing the opportunities available in careers involving
103    science, technology, engineering, and math;
104(n) Advising students of the resources offered by workforce or job
105    centers;
106(o) Preparing students for the ACT assessment or the ACT WorkKeys
107    assessments required for the National Career Readiness Certificate;
108(p) Administering a practice ACT assessment or practice ACT
109    WorkKeys assessments required for the National Career Readiness Certificate
110    to students;
111(q) Advising students of opportunities to take the SAT and the Armed
112    Services Vocational Aptitude Battery;
113(r) Administering a basic math test to students so that they can assess
114    their math skills;
115(s) Administering a basic writing test to students so that they can
116    assess their writing skills;
117(t) Helping each student prepare a personal plan of study that outlines
118    a sequence of courses and experiences that concludes with the student reaching
119    his or her postsecondary goals; and
120(u) Explaining how to complete college applications and the Free
121    Application for Federal Student Aid;
122(2) Focuses on career readiness and emphasizes the importance of
123    work ethic, communication, collaboration, critical thinking, and creativity;
124(3) Demonstrates that graduation from a four-year college is not the
125    only pathway to success by describing to students at least sixteen pathways to
126    success in detail and including guest visitors who represent each pathway
127    described. In exploring how these pathways could be covered in the course,
128    the task force shall consider how instructors for the course may be able to rely
129    on assistance from Missouri's career pathways within the department of
130    elementary and secondary education;
131(4) Provides student loan counseling; and
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132(5) May include parent-student meetings.
1336. Before December 1, 2019, the task force established under
134    subsection 1 of this section shall present its findings and recommendations to
135    the speaker of the house of representatives, the president pro tempore of the
136    senate, the joint committee on education, and the state board of education.
137    Upon presenting the findings and recommendations as described in this
138    subsection, the task force shall dissolve.]
  [167.910. 1. There is hereby established the "Career Readiness Course
2    Task Force" to explore the possibility of a course covering the topics described
3    in this section being offered in the public schools to students in eighth grade or
4    ninth grade. Task force members shall be chosen to represent the geographic
5    diversity of the state. All task force members shall be appointed before
6    October 31, 2018. The task force members shall be appointed as follows:
7(1) A parent of a student attending elementary school, appointed by a
8    statewide association of parents and teachers;
9(2) A parent of a student attending a grade not lower than the sixth nor
10    higher than the eighth grade, appointed by a statewide association of parents
11    and teachers;
12(3) A parent of a student attending high school, appointed by a
13    statewide association of parents and teachers;
14(4) An elementary education professional from an accredited school
15    district, appointed by agreement among the Missouri State Teachers
16    Association, the Missouri National Education Association, and the American
17    Federation of Teachers of Missouri;
18(5) An education professional giving instruction in a grade or grades
19    not lower than the sixth nor higher than the eighth grade in an accredited
20    school district, appointed by agreement among the Missouri State Teachers
21    Association, the Missouri National Education Association, and the American
22    Federation of Teachers of Missouri;
23(6) A secondary education professional from an accredited school
24    district, appointed by agreement among the Missouri State Teachers
25    Association, the Missouri National Education Association, and the American
26    Federation of Teachers of Missouri;
27(7) A career and technical education professional who has experience
28    serving as an advisor to a statewide career and technical education
29    organization, appointed by a statewide career and technical education
30    organization;
31(8) An education professional from an accredited technical high
32    school, appointed by a statewide career and technical education organization;
33(9) A public school board member, appointed by a statewide
34    association of school boards;
35(10) A secondary school principal, appointed by a statewide
36    association of secondary school principals;
37(11) A principal of a school giving instruction in a grade or grades not
38    lower than the sixth nor higher than the eighth grade, appointed by a statewide
39    association of secondary school principals;
HCS SS SB 889  184
40(12) An elementary school counselor, appointed by a statewide
41    association of school counselors;
42(13) A school counselor from a school giving instruction in a grade or
43    grades not lower than the sixth nor higher than the eighth grade, appointed by
44    a statewide association of school counselors;
45(14) A secondary school counselor, appointed by a statewide
46    association of school counselors;
47(15) A secondary school career and college counselor, appointed by a
48    statewide association of school counselors;
49(16) An apprenticeship professional, appointed by the division of
50    workforce development of the department of economic development;
51(17) A representative of Missouri Project Lead the Way, appointed by
52    the statewide Project Lead the Way organization;
53(18) A representative of the State Technical College of Missouri,
54    appointed by the State Technical College of Missouri;
55(19) A representative of a public community college, appointed by a
56    statewide organization of community colleges; and
57(20) A representative of a public four-year institution of higher
58    education, appointed by the commissioner of higher education.
592. The members of the task force established under subsection 1 of this
60    section shall elect a chair from among the membership of the task force. The
61    task force shall meet as needed to complete its consideration of the course
62    described in subsection 5 of this section and provide its findings and
63    recommendations as described in subsection 6 of this section. Members of the
64    task force shall serve without compensation. No school district policy or
65    administrative action shall require any education employee member to use
66    personal leave or incur a reduction in pay for participating on the task force.
673. The task force shall hold at least three public hearings to provide an
68    opportunity to receive public testimony including, but not limited to, testimony
69    from educators, local school boards, parents, representatives from business
70    and industry, labor and community leaders, members of the general assembly,
71    and the general public.
724. The department of elementary and secondary education shall
73    provide such legal, research, clerical, and technical services as the task force
74    may require in the performance of its duties.
755. The task force established under subsection 1 of this section shall
76    consider a course that:
77(1) Gives students an opportunity to explore various career and
78    educational opportunities by:
79(a) Administering career surveys to students and helping students use
80    Missouri Connections to determine their career interests and develop plans to
81    meet their career goals;
82(b) Explaining the differences between types of colleges, including
83    two-year and four-year colleges, and noting the availability of registered
84    apprenticeship programs as alternatives to college for students;
85(c) Describing technical degrees offered by colleges;
86(d) Explaining the courses and educational experiences offered at
87    community colleges;
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88(e) Describing the various certificates and credentials available to earn
89    at the school or other schools including, but not limited to, career and technical
90    education certificates described under section 170.029 and industry-
91    recognized certificates and credentials;
92(f) Advising students of any advanced placement courses that they
93    may take at the school;
94(g) Describing any opportunities at the school for dual enrollment;
95(h) Advising students of any Project Lead the Way courses offered at
96    the school and explaining how Project Lead the Way courses help students
97    learn valuable skills;
98(i) Informing students of the availability of funding for postsecondary
99    education through the A+ schools program described under section 160.545;
100(j) Describing the availability of virtual courses;
101(k) Describing the types of skills and occupations most in demand in
102    the current job market and those skills and occupations likely to be in high
103    demand in future years;
104(l) Describing the typical salaries for occupations, salary trends, and
105    opportunities for advancement in various occupations;
106(m) Emphasizing the opportunities available in careers involving
107    science, technology, engineering, and math;
108(n) Advising students of the resources offered by workforce or job
109    centers;
110(o) Preparing students for the ACT assessment or the ACT WorkKeys
111    assessments required for the National Career Readiness Certificate;
112(p) Administering a practice ACT assessment or practice ACT
113    WorkKeys assessments required for the National Career Readiness Certificate
114    to students;
115(q) Advising students of opportunities to take the SAT and the Armed
116    Services Vocational Aptitude Battery;
117(r) Administering a basic math test to students so that they can assess
118    their math skills;
119(s) Administering a basic writing test to students so that they can
120    assess their writing skills;
121(t) Helping each student prepare a personal plan of study that outlines
122    a sequence of courses and experiences that concludes with the student reaching
123    his or her postsecondary goals; and
124(u) Explaining how to complete college applications and the Free
125    Application for Federal Student Aid;
126(2) Focuses on career readiness and emphasizes the importance of
127    work ethic, communication, collaboration, critical thinking, and creativity;
128(3) Demonstrates that graduation from a four-year college is not the
129    only pathway to success by describing to students at least sixteen pathways to
130    success in detail and including guest visitors who represent each pathway
131    described. In exploring how these pathways could be covered in the course,
132    the task force shall consider how instructors for the course may be able to rely
133    on assistance from Missouri Career Pathways within the department of
134    elementary and secondary education;
135(4) Provides student loan counseling; and
 HCS SS SB 889  186
136(5) May include parent-student meetings.
1376. Before December 1, 2019, the task force established under
138    subsection 1 of this section shall present its findings and recommendations to
139    the speaker of the house of representatives, the president pro tempore of the
140    senate, the joint committee on education, and the state board of education.
141    Upon presenting the findings and recommendations as described in this
142    subsection, the task force shall dissolve.]
  [171.034. Any school district that is eligible to reduce its requirement
2    to make up days pursuant to subsection 3 of section 171.033 may provide food
3    service on a summer school food service basis if it resumes school with double
4    sessions.]
  [172.287. 1. The University of Missouri shall annually request an
2    appropriation under capital improvements, subject to availability of funds, for
3    a program of grants established for the engineering colleges of the University
4    of Missouri for the purpose of assisting such colleges in the purchase of
5    teaching and research laboratory equipment exclusive of laboratory or
6    classroom furniture. The amount granted for each engineering college may
7    not exceed the lesser of an amount equal to one thousand two hundred dollars
8    per each such bachelor's degree awarded in the previous fiscal year in all
9    engineering programs currently accredited by the accreditation board for
10    engineering and technology, or the dollar value of new funds for equipment
11    purchase which such colleges may obtain from sources other than state
12    appropriations for laboratory equipment.
132. For purposes of this section, the fair market value of in-kind
14    contributions of laboratory equipment to the colleges may be included as funds
15    for equipment purchase from sources other than state appropriations. In the
16    event that new funds for laboratory equipment purchase obtained by any
17    college of engineering from such nonstate sources exceed the amount
18    necessary to reach the maximum dollar limits herein specified, such excess
19    amounts will be carried over to the following fiscal year and considered the
20    same as that year's new equipment funds from nonstate sources.
213. In the event that the appropriations for this grant program are
22    insufficient to fund all grants approved for a given fiscal year, all such grants
23    shall be reduced pro rata as necessary.
244. The provisions of this section shall terminate on June 30, 2017.]
  [173.196. 1. Any business firm, as defined in section 32.105, may
2    make a donation to the "Missouri Higher Education Scholarship Donation
3    Fund", which is hereby created in the state treasury. A donating business firm
4    shall receive a tax credit as provided in this section equal to fifty percent of the
5    amount of the donation, except that tax credits shall be awarded each fiscal
6    year in the order donations are received and the amount of tax credits
7    authorized shall total no more than two hundred and fifty thousand dollars for
8    each fiscal year.
92. The department of revenue shall grant tax credits approved under
10    this section which shall be applied in the order specified in subsection 1 of
HCS SS SB 889  187
11    section 32.115 until used. The tax credits provided under this section shall be
12    refundable, and any tax credit not used in the fiscal year in which approved
13    may be carried over the next five succeeding calendar or fiscal years until the
14    full credit has been claimed. Notwithstanding any other law to the contrary,
15    any tax credits granted under this section may be assigned, transferred, sold, or
16    otherwise conveyed without consent or approval. Such taxpayer, hereinafter
17    the assignor for purposes of this section, may sell, assign, exchange, or
18    otherwise transfer earned tax credits:
19(1) For no less than seventy-five percent of the par value of such
20    credits; and
21(2) In an amount not to exceed one hundred percent of annual earned
22    credits.
233. No tax credit authorized under this section may be applied against
24    any tax applied in a tax year beginning prior to January 1, 1995.
254. All revenues credited to the fund shall be used, subject to
26    appropriations, to provide scholarships authorized under sections 173.197 to
27    173.199, and for no other purpose.
285. For all tax years beginning on or after January 1, 2005, no tax
29    credits shall be authorized, awarded, or issued to any person or entity claiming
30    any tax credit under this section.]
  [173.236. 1. As used in this section, unless the context clearly requires
2    otherwise, the following terms mean:
3(1) "Board", the coordinating board for higher education;
4(2) "Grant", the Vietnam veteran's survivors grant as established in this
5    section;
6(3) "Institution of postsecondary education", any approved public or
7    private institution as defined in section 173.205;
8(4) "Survivor", a child or spouse of a Vietnam veteran as defined in
9    this section;
10(5) "Tuition", any tuition or incidental fee or both charged by an
11    institution of postsecondary education, as defined in this section, for
12    attendance at the institution by a student as a resident of this state;
13(6) "Vietnam veteran", a person who served in the military in Vietnam
14    or the war zone in Southeast Asia and to whom the following criteria shall
15    apply:
16(a) The veteran was a Missouri resident when first entering the
17    military service and at the time of death;
18(b) The veteran's death was attributable to illness that could possibly
19    be a result of exposure to toxic chemicals during the Vietnam Conflict; and
20(c) The veteran served in the Vietnam theater between 1961 and 1972.
212. Within the limits of the amounts appropriated therefor, the
22    coordinating board for higher education shall award annually up to twelve
23    grants to survivors of Vietnam veterans to attend institutions of postsecondary
24    education in this state. If the waiting list of eligible survivors exceeds fifty, the
25    coordinating board may petition the general assembly to expand the quota. If
26    the quota is not expanded the eligibility of survivors on the waiting list shall be
27    extended.
HCS SS SB 889  188
283. A survivor may receive a grant pursuant to this section only so long
29    as the survivor is enrolled in a program leading to a certificate, or an associate
30    or baccalaureate degree. In no event shall a survivor receive a grant beyond
31    the completion of the first baccalaureate degree, regardless of age. No
32    survivor shall receive more than one hundred percent of tuition when
33    combined with similar funds made available to such survivor.
344. The coordinating board for higher education shall:
35(1) Promulgate all necessary rules and regulations for the
36    implementation of this section;
37(2) Determine minimum standards of performance in order for a
38    survivor to remain eligible to receive a grant under this program;
39(3) Make available on behalf of a survivor an amount toward the
40    survivor's tuition which is equal to the grant to which the survivor is entitled
41    under the provisions of this section;
42(4) Provide the forms and determine the procedures necessary for a
43    survivor to apply for and receive a grant under this program.
445. In order to be eligible to receive a grant pursuant to this section, a
45    survivor shall be certified as eligible by a Missouri state veterans service
46    officer. Such certification shall be made upon qualified medical certification
47    by a Veterans Administration medical authority that exposure to toxic
48    chemicals contributed to or was the cause of death of the veteran, as defined in
49    subsection 1 of this section.
506. A survivor who is enrolled or has been accepted for enrollment as
51    an undergraduate postsecondary student at an approved institution of
52    postsecondary education shall receive a grant in an amount not to exceed
53    the least of the following:
54(1) The actual tuition, as defined in this section, charged at an
55    approved institution where the child is enrolled or accepted for enrollment; or
56(2) The average amount of tuition charged a Missouri resident at the
57    institutions identified in section 174.020 for attendance as a full-time student,
58    as defined in section 173.205.
597. A survivor who is a recipient of a grant may transfer from one
60    approved public or private institution of postsecondary education to another
61    without losing his entitlement under this section. The board shall make
62    necessary adjustments in the amount of the grant. If a grant recipient at any
63    time withdraws from the institution of postsecondary education so that under
64    the rules and regulations of that institution he is entitled to a refund of any
65    tuition, fees, or other charges, the institution shall pay the portion of the refund
66    to which he is entitled attributable to the grant for that semester or similar
67    grading period to the board.
688. If a survivor is granted financial assistance under any other student
69    aid program, public or private, the full amount of such aid shall be reported to
70    the board by the institution and the eligible survivor.
719. Nothing in this section shall be construed as a promise or guarantee
72    that a person will be admitted to an institution of postsecondary education or to
73    a particular institution of postsecondary education, will be allowed to continue
74    to attend an institution of postsecondary education after having been admitted,
75    or will be graduated from an institution of postsecondary education.
HCS SS SB 889  189
7610. The benefits conferred by this section shall be available to any
77    academically qualified surviving children and spouses of Vietnam veterans as
78    defined in subsection 1 of this section, regardless of the survivor's age, until
79    December 31, 1995. After December 31, 1995, the benefits conferred by this
80    section shall not be available to such persons who are twenty-five years of age
81    or older, except spouses will remain eligible until the fifth anniversary after the
82    death of the veteran.
8311. This section shall expire on December 31, 2015.]
  [173.680. 1. The department of higher education and workforce
2    development shall conduct a study to identify the information technology
3    industry certifications most frequently requested by employers in Missouri.
4    The department of higher education and workforce development may conduct
5    the study with the assistance of other state departments and agencies, the
6    Missouri mathematics and science coalition, and the governor's advisory
7    council on science, technology, engineering, and mathematical issues.
82. The department of higher education and workforce development
9    shall complete the study no later than January 31, 2015. The department shall
10    prepare the findings in a report and provide it to:
11(1) The president pro tempore of the senate;
12(2) The speaker of the house of representatives;
13(3) The joint committee on education;
14(4) The governor;
15(5) The coordinating board for higher education; and
16(6) The state board of education.]
  [184.384. The district and subdistricts and the officers and employees
2    thereof shall be subject to the provisions of chapter 296 or any amendment
3    thereto hereafter enacted.]
  [190.450. By December 31, 2017, the department of public safety
2    shall complete a study of the number of public safety answering points
3    necessary to provide the best possible 911 technology and service to all areas
4    of the state in the most efficient and economical manner possible, issue a state
5    public safety answering point consolidation plan based on the study, and
6    provide such plan to the Missouri 911 service board.]
  [191.425. 1. Upon receipt of federal funding in accordance with
2    subsection 4 of this section, there is hereby established within the department
3    of health and senior services the "Women's Heart Health Program" to provide
4    heart disease risk screening to uninsured and underinsured women.
52. The following women shall be eligible for program services:
6(1) Women between the ages of thirty-five and sixty-four years;
7(2) Women who are receiving breast and cervical cancer screenings
8    under the Missouri show me healthy women program;
9(3) Women who are uninsured or whose insurance does not provide
10    coverage for heart disease risk screenings; and
HCS SS SB 889  190
11(4) Women with a gross family income at or below two hundred
12    percent of the federal poverty level.
133. The department shall contract with health care providers who are
14    currently providing services under the Missouri show me healthy women
15    program to provide screening services under the women's heart health
16    program. Screening shall include but not be limited to height, weight, and
17    body mass index (BMI), blood pressure, total cholesterol, HDL, and blood
18    glucose. Any woman whose screening indicates an increased risk for heart
19    disease shall be referred for appropriate follow-up health care services and be
20    offered lifestyle education services to reduce her risk for heart disease.
214. The women's heart health program shall be subject to receipt of
22    federal funding which designates such funding for heart disease risk screening
23    to uninsured and underinsured women. In the event that federal funds are not
24    available for such program, the department shall not be required to establish or
25    implement the program.
265. Under section 23.253 of the Missouri sunset act:
27(1) The provisions of the program authorized under this section shall
28    automatically sunset three years after August 28, 2012, unless reauthorized by
29    an act of the general assembly; and
30(2) If such program is reauthorized, the program authorized under this
31    section shall automatically sunset three years after the effective date of the
32    reauthorization of this section; and
33(3) This section shall terminate on September first of the calendar year
34    immediately following the calendar year in which the program authorized
35    under this section is sunset.]
  [191.950. 1. As used in this section, the following terms mean:
2(1) "Department", the department of health and senior services;
3(2) "Economically challenged men", men who have a gross income up
4    to one hundred fifty percent of the federal poverty level;
5(3) "Program", the prostate cancer pilot program established in this
6    section;
7(4) "Rural area", a rural area which is in either any county of the third
8    classification without a township form of government and with more than
9    twenty thousand but fewer than twenty thousand one hundred inhabitants, any
10    county of the second classification with more than nineteen thousand seven
11    hundred but fewer than nineteen thousand eight hundred inhabitants, or any
12    county of the third classification with a township form of government and with
13    more than thirty-three thousand one hundred but fewer than thirty-three
14    thousand two hundred inhabitants;
15(5) "Uninsured men", men for whom services provided by the program
16    are not covered by private insurance, MO HealthNet or Medicare;
17(6) "Urban area", an urban area which is located in a city not within a
18    county.
192. Subject to securing a cooperative agreement with a nonprofit entity
20    for funding of the program, there is hereby established within the department
21    of health and senior services two "Prostate Cancer Pilot Programs" to fund
22    prostate cancer screening and treatment services and to provide education to
HCS SS SB 889  191
23    men residing in this state. One prostate cancer pilot program shall be located
24    in an urban area and one prostate cancer pilot program shall be located in a
25    rural area. The department may directly contract with the Missouri
26    Foundation for Health, or a successor entity, in the delivery of the pilot
27    program. For purposes of this section, the contracting process of the
28    department with these entities need not be governed by the provisions of
29    chapter 34.
303. The program shall be open to:
31(1) Uninsured men or economically challenged men who are at least
32    fifty years old; and
33(2) On the advice of a physician or at the request of the individual,
34    uninsured men or economically challenged men who are at least thirty-five
35    years of age but less than fifty years of age and who are at high risk for
36    prostate cancer.
374. The program shall provide:
38(1) Prostate cancer screening;
39(2) Referral services, including services necessary for diagnosis;
40(3) Treatment services for individuals who are diagnosed with prostate
41    cancer after being screened; and
42(4) Outreach and education activities to ensure awareness and
43    utilization of program services by uninsured men and economically challenged
44    men.
455. Upon appropriation, the department shall distribute grants to
46    administer the program to:
47(1) Local health departments; and
48(2) Federally qualified health centers.
496. Three years from the date on which the grants were first
50    administered under this section, the department shall report to the governor
51    and general assembly:
52(1) The number of individuals screened and treated under the program,
53    including racial and ethnic data on the individuals who were screened and
54    treated; and
55(2) To the extent possible, any cost savings achieved by the program as
56    a result of early detection of prostate cancer.
577. The department shall promulgate rules to establish guidelines
58    regarding eligibility for the program and to implement the provisions of this
59    section. Any rule or portion of a rule, as that term is defined in section
60    536.010, that is created under the authority delegated in this section shall
61    become effective only if it complies with and is subject to all of the provisions
62    of chapter 536 and, if applicable, section 536.028. This section and chapter
63    536 are nonseverable and if any of the powers vested with the general
64    assembly pursuant to chapter 536 to review, to delay the effective date, or to
65    disapprove and annul a rule are subsequently held unconstitutional, then the
66    grant of rulemaking authority and any rule proposed or adopted after August
67    28, 2011, shall be invalid and void.
688. Under and pursuant to section 23.253 of the Missouri sunset act:
HCS SS SB 889  192
69(1) The provisions of the new program authorized under this section
70    shall automatically sunset six years after August 28, 2011, unless reauthorized
71    by an act of the general assembly; and
72(2) If such program is reauthorized, the program authorized under this
73    section shall automatically sunset six years after the effective date of the
74    reauthorization of this section; and
75(3) This section shall terminate on September first of the calendar year
76    immediately following the calendar year in which the program authorized
77    under this section is sunset.]
  [191.1075. As used in sections 191.1075 to 191.1085, the following
2    terms shall mean:
3(1) "Department", the department of health and senior services;
4(2) "Health care professional", a physician or other health care
5    practitioner licensed, accredited, or certified by the state of Missouri to
6    perform specified health services;
7(3) "Hospital":
8(a) A place devoted primarily to the maintenance and operation of
9    facilities for the diagnosis, treatment, or care of not less than twenty-four
10    consecutive hours in any week of three or more nonrelated individuals
11    suffering from illness, disease, injury, deformity, or other abnormal physical
12    conditions; or
13(b) A place devoted primarily to provide for not less than twenty-four
14    consecutive hours in any week medical or nursing care for three or more
15    unrelated individuals. "Hospital" does not include convalescent, nursing,
16    shelter, or boarding homes as defined in chapter 198.]
  [191.1080. 1. There is hereby created within the department of health
2    and senior services the "Missouri Palliative Care and Quality of Life
3    Interdisciplinary Council", which shall be a palliative care consumer and
4    professional information and education program to improve quality and
5    delivery of patient-centered and family-focused care in this state.
62. On or before December 1, 2016, the following members shall be
7    appointed to the council:
8(1) Two members of the senate, appointed by the president pro
9    tempore of the senate;
10(2) Two members of the house of representatives, appointed by the
11    speaker of the house of representatives;
12(3) Two board-certified hospice and palliative medicine physicians
13    licensed in this state, appointed by the governor with the advice and consent of
14    the senate;
15(4) Two certified hospice and palliative nurses licensed in this state,
16    appointed by the governor with the advice and consent of the senate;
17(5) A certified hospice and palliative social worker, appointed by the
18    governor with the advice and consent of the senate;
19(6) A patient and family caregiver advocate representative, appointed
20    by the governor with the advice and consent of the senate; and
HCS SS SB 889  193
21(7) A spiritual professional with experience in palliative care and
22    health care, appointed by the governor with the advice and consent of the
23    senate.
243. Council members shall serve for a term of three years. The
25    members of the council shall elect a chair and vice chair whose duties shall be
26    established by the council. The department shall determine a time and place
27    for regular meetings of the council, which shall meet at least biannually.
284. Members of the council shall serve without compensation, but shall,
29    subject to appropriations, be reimbursed for their actual and necessary
30    expenses incurred in the performance of their duties as members of the
31    council.
325. The council shall consult with and advise the department on matters
33    related to the establishment, maintenance, operation, and outcomes evaluation
34    of palliative care initiatives in this state, including the palliative care consumer
35    and professional information and education program established in section
36    191.1085.
376. The council shall submit an annual report to the general assembly,
38    which includes an assessment of the availability of palliative care in this state
39    for patients at early stages of serious disease and an analysis of barriers to
40    greater access to palliative care.
417. The council authorized under this section shall automatically expire
42    August 28, 2022.]
  [191.1085. 1. There is hereby established the "Palliative Care
2    Consumer and Professional Information and Education Program" within the
3    department of health and senior services.
42. The purpose of the program is to maximize the effectiveness of
5    palliative care in this state by ensuring that comprehensive and accurate
6    information and education about palliative care is available to the public,
7    health care providers, and health care facilities.
83. The department shall publish on its website information and
9    resources, including links to external resources, about palliative care for the
10    public, health care providers, and health care facilities, including but not
11    limited to:
12(1) Continuing education opportunities for health care providers;
13(2) Information about palliative care delivery in the home, primary,
14    secondary, and tertiary environments; and
15(3) Consumer educational materials and referral information for
16    palliative care, including hospice.
174. Each hospital in this state is encouraged to have a palliative care
18    presence on its intranet or internet website which provides links to one or more
19    of the following organizations: the Institute of Medicine, the Center to
20    Advance Palliative Care, the Supportive Care Coalition, the National Hospice
21    and Palliative Care Organization, the American Academy of Hospice and
22    Palliative Medicine, and the National Institute on Aging.
235. Each hospital in this state is encouraged to have patient education
24    information about palliative care available for distribution to patients.
HCS SS SB 889  194
256. The department shall consult with the palliative care and quality of
26    life interdisciplinary council established in section 191.1080 in implementing
27    the section.
287. The department may promulgate rules to implement the provisions
29    of sections 191.1075 to 191.1085. Any rule or portion of a rule, as that term is
30    defined in section 536.010, that is created under the authority delegated in
31    sections 191.1075 to 191.1085 shall become effective only if it complies with
32    and is subject to all of the provisions of chapter 536 and, if applicable, section
33    536.028. Sections 191.1075 to 191.1085 and chapter 536 are nonseverable
34    and if any of the powers vested with the general assembly pursuant to chapter
35    536 to review, to delay the effective date, or to disapprove and annul a rule are
36    subsequently held unconstitutional, then the grant of rulemaking authority and
37    any rule proposed or adopted after August 28, 2016, shall be invalid and void.
388. Notwithstanding the provisions of section 23.253 to the contrary,
39    the program authorized under this section shall automatically expire on August
40    28, 2022.]
  [192.707. 1. The "Missouri Arthritis Advisory Board" is established
2    within the department of health and senior services, as a continuation of the
3    arthritis advisory board in existence on August 13, 1984. The board shall
4    consist of twenty-five members. The members of the board that are serving on
5    August 13, 1984, shall continue until the expiration of this term. The board
6    shall submit a list of names to the director as recommendations to fill expired
7    terms on the board. The director shall fill each expired membership on the
8    board, each of the appointees to serve for a term of four years and until his
9    successor is appointed and confirmed. Vacancies on the board arising from
10    reasons other than expiration of the member's term shall be filled by the
11    director for the time remaining in the unexpired term.
122. The board shall meet semiannually and at other such times as called
13    by the chairman of the board. The chairman shall be elected from the board
14    membership at the first board meeting, and shall serve as chairman until a new
15    chairman is elected, or until his term on the board expires, whichever occurs
16    first.
173. The board shall serve in an advisory capacity to the committee, and
18    report annually to the department and to the state board of health and senior
19    services regarding the implementing of the statewide arthritis plan, making
20    recommendations for necessary changes in content and direction.
214. The board shall be responsible for development and
22    recommendations of guidelines for programs supported under the state
23    arthritis program, and make recommendations on program relevance of grant
24    applications funded under the state arthritis program. The board will make
25    final recommendations to the director regarding programs and grants of the
26    state arthritis program.
275. Any reimbursement of members of the board for their actual and
28    necessary expenses shall be subject to appropriations.]
  [192.710. 1. The "Arthritis Program Review Committee" is hereby
2    created within the department of health and senior services. This committee
HCS SS SB 889  195
3    shall consist of fifteen members, two from each of the seven regions set forth
4    in section 192.714 and one at-large member. The fourteen regional members
5    shall be nominated to the committee by the board. The one at-large member
6    shall be nominated by the state board of health and senior services. The
7    members of the committee shall include at least one from each of the
8    following categories: rheumatology educators, practicing rheumatologists,
9    primary care practitioners, nurses, allied health professionals, arthritis patients,
10    and members of the general public. Members of the committee shall be
11    appointed by the director in consultation with the board of health and senior
12    services. Of the fifteen initial members, five shall have a two-year term, five
13    shall have a three-year term, and five shall have a four-year term. Thereafter,
14    each member shall serve a four-year term and until his successor is appointed
15    and confirmed. Vacancies on the committee arising from reasons other than
16    expiration of the member's term shall be filled by the director for the time
17    remaining in the unexpired term.
182. The committee shall meet annually and at other such times as called
19    by the chairman of the committee. The chairman shall be elected annually
20    from the committee membership at the first committee meeting and shall serve
21    as chairman until a new chairman is elected, or until his term on the committee
22    expires, whichever occurs first.
233. The committee shall review, make site visits and determine and
24    make recommendations to the board on the merit of regional arthritis center
25    applications. No program or other activity will be recommended for funding
26    by the board without the favorable review of the committee.
274. The arthritis program coordinator shall serve the committee as its
28    executive administrator.]
  [192.712. Committee and board members shall serve without
2    compensation, but their expenses incurred in carrying out their official
3    duties shall, subject to appropriations, be reimbursed by the state.]
  [192.716. Beginning upon receipt of appropriations for that purpose
2    and subject to the availability of appropriations, but not before October 1,
3    1984, the arthritis centers established pursuant to section 192.714 shall operate
4    programs in the following areas:
5(1) Education at all levels for various health professionals; and
6(2) Improved patient care and other arthritis control activities aimed at
7    benefitting communities served by the center.]
  [192.718. 1. Beginning upon receipt of appropriations for that purpose
2    and subject to the availability of appropriations, but not before October 1,
3    1984, each year the board may grant three one-year, state-supported clinical
4    rheumatology fellowships which might include four to six months of a
5    community-based experience in one or more of the regional arthritis centers
6    and six to eight months at an academic institution in this state which is willing
7    and qualified to train rheumatology fellows.
HCS SS SB 889  196
82. A candidate for a fellowship granted pursuant to this section shall be
9    approved by the director, the board, the academic institution, and the regional
10    arthritis center director.
113. Each fellowship granted pursuant to this section shall consist of an
12    appropriate stipend and either adequate housing or a housing allowance in an
13    amount to be determined by the board.]
  [192.720. 1. Beginning upon receipt of appropriations for that purpose
2    and subject to the availability of appropriations, but not before October 1,
3    1984, support shall be provided for three academic rheumatology trainees
4    annually, for pursuit of training with academic institutions in the state.
52. Such support shall consist of an appropriate stipend and an
6    additional budget for expenses for each trainee each year as recommended by
7    the board.
83. A candidate for academic rheumatology training granted pursuant to
9    this section shall be approved by the director, the board and the academic
10    institution.]
  [192.723. Beginning upon receipt of appropriations for that purpose
2    and subject to the availability of appropriations, but not before July 1, 1985,
3    innovative research feasibility studies which cannot be funded by traditional
4    mechanisms and which have significance for having impact on the state
5    arthritis problem may be carried out by arthritis centers established pursuant to
6    section 192.714.]
  [192.725. Beginning upon receipt of appropriations for that purpose
2    and subject to the availability of appropriations, but not before July 1, 1985, a
3    statewide "Arthritis Information Network" shall be established, consisting of a
4    statewide WATS telephone system, staffed by volunteers insofar as possible.]
  [192.926. 1. By September 1, 2015, the department of social services
2    in cooperation with the department of health and senior services and the
3    department of mental health shall establish a committee to assess the
4    continuation of the money follows the person demonstration program in order
5    to support Missourians who have disabilities and those who are aging to
6    transition from nursing facilities or habilitation centers to quality community
7    settings. The committee shall study sustainability of the program beyond the
8    current demonstration time frame for all transitions to occur by September 30,
9    2018. The committee shall be administered and its members, with the
10    exception of the members from the house of representatives and the senate,
11    chosen by the director of the department of social services.
122. The committee shall:
13(1) Review the extent to which the demonstration program has
14    achieved its purposes;
15(2) Assess any possible improvements to the program;
16(3) Investigate program elements and costs to sustain the program
17    beyond its current demonstration period;
18(4) Explore cost savings achieved through the demonstration program;
HCS SS SB 889  197
19(5) Investigate the possibility and need to apply for a waiver from the
20    Centers for Medicare and Medicaid Services.
213. The committee shall include fiscal staff from the department of
22    social services, the department of health and senior services, the department of
23    mental health, and the office of administration's division of budget and
24    planning. The committee shall also be comprised of a representative from
25    each of the following:
26(1) The division of senior and disability services within the department
27    of health and senior services;
28(2) The MO HealthNet division within the department of social
29    services;
30(3) The division of developmental disabilities within the department of
31    mental health;
32(4) Centers for independent living and area agencies on aging
33    currently serving as money follows the person local contact agencies;
34(5) The Missouri assistive technology council;
35(6) The Missouri developmental disabilities council;
36(7) The skilled nursing community predominately serving MO
37    HealthNet participants;
38(8) The Missouri house of representatives, appointed by the speaker of
39    the house of representatives; and
40(9) The Missouri senate, appointed by the president pro tempore of the
41    senate.
424. The committee may also include other members or work groups
43    deemed necessary to accomplish its purposes, including but not limited to
44    representatives from state agencies, local advisory groups and community
45    members, and members of the general assembly with valuable input regarding
46    the activities of the money follows the person demonstration program.
475. The department of social services in cooperation with the
48    department of health and senior services and the department of mental
49    health shall make recommendations based on the findings of the committee
50    and report them to the general assembly and the governor by July 1, 2016.
516. The provisions of this section shall expire on January 1, 2017.]
  [196.1103. The management, governance, and control of moneys
2    appropriated from the life sciences research trust fund shall be vested in the
3    "Life Sciences Research Board" which is hereby created in the department of
4    economic development as a type III agency and which shall consist of seven
5    members. The following provisions shall apply to the life sciences research
6    board and its members:
7(1) Each member shall be appointed by the governor with the advice
8    and consent of the senate pursuant to the procedures herein set forth for a term
9    of four years; except that, of the initial members of the board appointed, three
10    shall be appointed for two-year terms and four shall be appointed to four-year
11    terms;
12(2) The members of the board shall be generally familiar with the life
13    sciences and current research trends and developments with either technical or
14    scientific expertise in life sciences and with an understanding of the
HCS SS SB 889  198
15    application of the results of life sciences research. The appointment of a
16    person to the life sciences research committee created by Executive Order 01-
17    10 issued by the governor on July 23, 2001, shall not disqualify a person from
18    serving as a member, either contemporaneously or later, on the life sciences
19    research board;
20(3) No member of the life sciences research board shall serve more
21    than two consecutive full four-year terms;
22(4) The members of the life sciences research board shall receive no
23    salary or other compensation for their services as a member of the board, but
24    shall receive reimbursement for their actual and necessary expenses incurred
25    in performance of their duties as members of the board.]
  [196.1124. No member of the life sciences research board shall be
2    employed by any public or private not-for-profit entity entitled to receive
3    financial support from the life sciences research trust fund, or participate in the
4    making of any decision by the board to make any grant to the board member,
5    any person who is related to the board member within the fourth degree of
6    consanguinity or affinity, any public entity for which the board member serves
7    as an officer, director, or other member of the entity's governing body, or any
8    private entity for which the board member or the member's spouse is
9    employed, serves as an officer, director, or other member of the entity's
10    governing body. The board may from time to time issue conflict of interest
11    guidelines and requirements with respect to the administration of the life
12    sciences research program, to govern the actions of its employees and agents,
13    and to implement the provisions of this section.]
  [197.165. 1. The department shall appoint an "Infection Control
2    Advisory Panel" for the purposes of implementing sections 192.131 and
3    192.667.
42. Members of the infection control advisory panel shall include:
5(1) Two public members;
6(2) Three board-certified or board-eligible physicians licensed
7    pursuant to chapter 334 who are affiliated with a Missouri hospital or
8    medical school, active members of the Society for Health Care Epidemiology
9    of America, and have demonstrated interest and expertise in health facility
10    infection control;
11(3) One physician licensed pursuant to chapter 334 who is active in the
12    practice of medicine in Missouri and who holds medical staff privileges at a
13    Missouri hospital;
14(4) Four infection control practitioners certified by the certification
15    board of infection control and epidemiology, at least two of whom shall be
16    practicing in a rural hospital or setting and at least two of whom shall be
17    registered professional nurses licensed under chapter 335;
18(5) A medical statistician with an advanced degree in such specialty;
19(6) A clinical microbiologist with an advanced degree in such
20    specialty;
21(7) Three employees of the department, representing the functions of
22    hospital, ambulatory surgical center, and abortion facility licensure,
HCS SS SB 889  199
23    epidemiology and health data analysis, who shall serve as ex officio nonvoting
24    members of the panel.
253. Reasonable expenses of the panel shall be paid from private
26    donations made specifically for that purpose to the "Infection Control
27    Advisory Panel Fund", which is hereby created in the state treasury. If such
28    donations are not received from private sources, then the provisions of this act
29    shall be implemented without the advisory panel.]
  [199.020. 1. The following officers and their families shall, with the
2    permission of the department of health and senior services, reside on the
3    premises or other property of the center: center director, assistant director,
4    physicians, and other personnel required for the center's operation as
5    recommended by the center's director. Personnel residing at the center shall
6    pay a monthly rental determined annually at the lower of cost or fair market
7    value; except that the center director, with the approval of the director of the
8    department of health and senior services, may establish a lower rate as
9    required to fill the center's personnel needs.
102. This section shall terminate thirty days following the date notice is
11    provided to the revisor of statutes that an agreement has been executed which
12    transfers the Missouri rehabilitation center from the department of health and
13    senior services to the board of curators of the University of Missouri.]
  [208.482. 1. The MO HealthNet division shall not recover
2    disproportionate share hospital audit recoupments from any tier 1 safety net
3    hospital, excluding department of mental health state-operated psychiatric
4    hospitals, for which an intergovernmental transfer was used for the nonfederal
5    share of its disproportionate share hospital payments. General revenue funds
6    shall not be used to offset any expenditure of funds to pay such recoupments to
7    the federal government.
82. The provisions of this section shall expire on September 30, 2022.]
  [208.530. As used in sections 208.530 to 208.535, the following terms
2    shall mean:
3(1) "Commission", the commission on the special health,
4    psychological and social needs of minority older individuals established in
5    section 208.533;
6(2) "Minority older individual", an individual who is sixty years of age
7    or older and a member of a racial minority group;
8(3) "Racial minority group":
9(a) Blacks or African Americans;
10(b) Native Americans;
11(c) Hispanics;
12(d) Asian Americans; and
13(e) Other similar racial minority groups.]
  [208.533. 1. There is hereby established a twenty-member
2    "Commission on the Special Health, Psychological and Social Needs of
HCS SS SB 889  200
3    Minority Older Individuals" under the department of health and senior
4    services. The commission shall consist of the following members:
5(1) The directors of the departments of health and senior services,
6    mental health and social services or their designees;
7(2) The directors of the office of minority health and the department of
8    health and senior services who shall serve as cochairs of the commission;
9(3) Two members of the Missouri house of representatives, one from
10    each major political party represented in the house of representatives,
11    appointed by the speaker of the house who shall serve in a nonvoting, advisory
12    capacity;
13(4) Two members of the senate, one from each major political party
14    represented in the senate, appointed by the president pro tem of the senate who
15    shall serve in a nonvoting, advisory capacity;
16(5) A representative of the office of the lieutenant governor who shall
17    serve in a nonvoting, advisory capacity; and
18(6) Ten individuals appointed by the governor with the advice and
19    consent of the senate who are currently working in the field of minority elderly
20    health, psychological or social problems who have demonstrated expertise in
21    one or more of the following areas: treatment of cardiovascular, cancer and
22    diabetic conditions; nutrition; community-based health services; legal
23    services; elderly consumer advocacy; gerontology or geriatrics; social work
24    and other related services including housing. At least two of the individuals
25    appointed by the governor shall be minority older individuals. The members
26    appointed by the governor shall be residents of Missouri. Any vacancy on the
27    commission shall be filled in the same manner as the original appointment.
282. Members appointed by the governor shall serve for three-year
29    terms. Other members, except legislative members, shall serve for as long as
30    they hold the position which made them eligible for appointment. Legislative
31    members shall serve during their current term of office but may be
32    reappointed.
333. Members of the commission shall not be compensated for their
34    services, but shall be reimbursed for actual and necessary expenses incurred in
35    the performance of their duties. The office of administration and the
36    departments of health and senior services, mental health and social services
37    shall provide such support as the commission requires to aid it in the
38    performance of its duties.]
  [208.535. The responsibilities of the commission shall include, but not
2    be limited to, the following:
3(1) The commission shall annually prepare a report identifying the
4    special needs of the minority older population in Missouri as compared to the
5    older population at-large and make recommendations for meeting those needs.
6    The report shall be completed no later than October first of each year,
7    beginning in 1999, and copies transmitted to the governor, the general
8    assembly and appropriate state agencies. The report shall, at a minimum:
9(a) Contain an overview of the special health, psychological and social
10    needs of minority older Missourians with particular attention to low-income
11    minority older individuals;
HCS SS SB 889  201
12(b) Identify specific diseases and health conditions for which minority
13    older individuals are at greater risk than the general population;
14(c) Identify problems experienced by minority older individuals in
15    obtaining services from governmental agencies;
16(d) Identify programs at the state and local level designed to
17    specifically meet the needs of minority older individuals; and
18(e) Recommend program improvements and services at the state and
19    local level designed to address the special unmet needs of the minority older
20    population;
21(2) In preparing the report required by this section, the commission
22    shall solicit and consider the input of individuals and organizations
23    representing the concerns of the minority older population, with particular
24    attention to the service needs of those with incomes below the federal poverty
25    level, concerning:
26(a) Programs and services needed by minority older individuals;
27(b) The extent to which existing programs do not meet the needs of
28    minority older individuals;
29(c) The accessibility of existing programs to minority older
30    individuals;
31(d) The availability and adequacy of information regarding existing
32    services;
33(e) Health problems that minority older individuals experience at a
34    higher rate than the nonminority older population; and
35(f) Financial, social and other barriers experienced by minority older
36    individuals in obtaining needed services;
37(3) Conduct an outreach program that provides information to
38    minority older Missourians about health, psychological and social problems
39    experienced by minority older individuals and available programs to address
40    those problems, as identified in the report prepared pursuant to this section.]
  [208.627. 1. The department of social services shall seek input from
2    the department of mental health and community-based social service agencies,
3    which provide case management services to the elderly, for the purpose of
4    developing a report outlining areas and strategies by which the department can
5    deliver case management services to the elderly by collaboration and
6    cooperation with community-based social service agencies, employing
7    licensed personnel. The report shall include, but not be limited to, the
8    identification of at-risk elderly, transportation services, case management
9    services, nutrition services, health services, and socialization activities and
10    programs. The goal of strategies outlined should be to enhance the quality of
11    life and welfare of Missouri's elderly population, and specifically Missouri's
12    at-risk elderly.
132. The report required by subsection 1 of this section shall be delivered
14    to the governor, the president pro tem of the senate, and the speaker of the
15    house not later than January 1, 1995. The report shall identify effective and
16    efficient methods of delivering necessary services to at-risk elderly.]
  [208.850. Title.
HCS SS SB 889  202
2Sections 208.850 to 208.871 shall be known as and may be cited as
3    "The Quality Home Care Act".]
  [208.853. Findings and purposes.
2The people of the state of Missouri find as follows:
3(1) Thousands of Missouri senior citizens and people with disabilities
4    continue to live independently in their own homes and avoid placement in
5    institutions such as nursing homes only as the result of the availability of
6    qualified personal care attendants who assist them with the activities of daily
7    living.
8(2) Many Missouri senior citizens and people with disabilities who
9    could not otherwise afford personal care assistance services in their own
10    homes receive the services with assistance provided by the state and federal
11    governments under the Missouri consumer directed services program.
12(3) The United States Supreme Court has mandated that states provide
13    services to persons with disabilities "in community settings rather than in
14    institutions" when remaining in the community is appropriate, consistent with
15    the wishes of the disabled person, and can be reasonably accommodated.
16(4) In-home care is not only the choice of most senior citizens and
17    people with disabilities, it is less costly than institutional care such as that
18    provided in nursing homes and thus saves Missouri taxpayers significant
19    amounts of money.
20(5) The consumer directed services program permits the consumers of
21    these highly intimate and personal services to hire, terminate and supervise the
22    individual providing the services, but it does not currently give consumers any
23    role in setting wage rates for personal care attendants.
24(6) Personal care attendants generally receive low wages, minimal or
25    no benefits, little if any training, and have no meaningful input into their terms
26    and conditions of employment and no meaningful means of making
27    suggestions for improvements in the consumer directed services program.
28(7) The continued availability of quality home care services is
29    threatened by a looming shortage of qualified personal care attendants due to
30    the aging population in the state as well as low wages, a lack of benefits, and
31    high rates of occupational injury. These poor working conditions also
32    contribute to high turnover among personal care attendants that impairs the
33    continuity of care.
34(8) The safety of home care services is threatened by both the failure
35    of existing safeguards to protect consumers from potentially abusive
36    attendants and lengthy delays in processing background checks as recently
37    documented by the state auditor.
38(9) The continued availability of quality, safe home care services can
39    be ensured through the creation of the "Missouri Quality Home Care Council"
40    with authority to investigate the quality, safety and availability of home care
41    services, recruit eligible personal care attendants, recommend qualifications
42    for personal care attendants, improve the training of personal care attendants,
43    establish a statewide list of eligible personal care attendants, refer consumers
44    to eligible personal care attendants, engage in collective bargaining with a
HCS SS SB 889  203
45    representative of personal care attendants, and recommend changes in personal
46    care attendants' wages and benefits to the general assembly.]
  [208.856. The Missouri Quality Home Care Council.
21. Effective January 31, 2009, the Missouri quality home care council
3    is hereby created to ensure the availability and improve the quality of home
4    care services by recruiting, training and stabilizing the personal care attendant
5    workforce. Expenses of the council in carrying out its powers and duties shall
6    be paid from any appropriations for that purpose by the general assembly. The
7    council shall be assigned to the department of health and senior services with
8    supervision by the department extending only to budgeting and reporting as
9    provided by subdivisions (4) and (5) of subsection 6 of section 1 of the
10    Reorganization Act of 1974. Supervision by the department shall not extend
11    to matters relating to policies, regulatory functions or other matters
12    specifically delegated to the council by sections 208.850 to 208.871 and the
13    director of the department or any employee of the department, either directly
14    or indirectly, shall not participate or interfere with the activities of the council
15    in any manner not specifically provided by law.
162. The council shall consist of eleven members appointed by the
17    governor with the advice and consent of the senate as follows:
18(1) Six members shall be current or former recipients of personal care
19    assistance services under the consumer directed services program, or its
20    successor program or programs. Two of the consumer members shall have
21    received services for a period of at least one year, two shall have received
22    services for a period of at least two years, and two shall have received services
23    for a period of at least three years. In order to ensure that at least one of the
24    consumer members has personal knowledge of challenges rural consumers
25    face, at least one of these members shall be a resident of a third class county;
26(2) One member shall be a representative of the Missouri department
27    of health and senior services, or its successor entity;
28(3) Two members shall be representatives of Missouri centers for
29    independent living, or their successor entities;
30(4) One member shall be a representative of the governor's council on
31    disabilities, or its successor entity;
32(5) One member shall be a representative of the governor's advisory
33    council on aging, or its successor entity.
343. Each member of the council shall serve a term of three years, except
35    the first eleven members who shall serve staggered terms as follows: three
36    recipient members and the department of health and senior services member
37    shall serve one-year terms, two recipient members and one centers for
38    independent living member shall serve two-year terms, and one recipient
39    member, one centers for independent living member, and the council on
40    disabilities and advisory council on aging members shall serve three-year
41    terms. The initial members of the council shall be appointed by the governor
42    by March 1, 2009. If a vacancy occurs, the governor will appoint a
43    replacement for the remainder of the departing member's term. Commission
44    members shall be eligible for reappointment but shall serve no more than two
45    terms. In making appointments, the governor shall consider nominations or
HCS SS SB 889  204
46    recommendations from the agencies or groups represented on the council.
47    Members of the council shall serve without compensation, but shall be
48    reimbursed their actual and necessary expenses. The governor may remove a
49    council member for good cause.]
  [208.859. The powers and duties of the council.
2The council shall have the following powers and duties:
3(1) Assess the size, quality and stability of the home care workforce in
4    Missouri and the ability of the existing workforce to meet the growing and
5    changing needs of both aging and disabled consumers;
6(2) Encourage eligible individuals to serve as personal care attendants;
7(3) Provide training on a voluntary basis, either directly or through
8    contracts, in cooperation with vendors, as defined in subdivision (5) of section
9    208.865, for prospective and current personal care attendants;
10(4) Recommend minimum qualifications for personal care attendants
11    to the department of health and senior services;
12(5) Establish and maintain a statewide list of eligible, available
13    personal care attendants, in cooperation with vendors, including attendants
14    available to provide respite and replacement services. In order to facilitate the
15    creation of such a list, all vendors shall provide the council with the list of
16    persons eligible to be a personal care attendant which vendors are required to
17    maintain under subsection 4 of section 208.906 and subdivision (3) of
18    subsection 1 of section 208.918. The council shall ensure that all personal care
19    attendants placed on the statewide list are registered with the family care
20    safety registry as provided in sections 210.900 to 210.936 and are not listed on
21    any of the background check lists in the family care safety registry, absent a
22    good cause waiver obtained from the department pursuant to section 192.2495.
23    All consumers seeking personal care attendants, whether or not they are
24    participants in the consumer directed services program, shall have access to
25    the statewide list;
26(6) Provide routine, emergency, respite, and replacement referrals of
27    eligible and available personal care attendants to vendors and consumers;
28(7) In cooperation with the Missouri state highway patrol, the
29    department of social services' children's division, the department of mental
30    health, the department of health and senior services, and vendors and on an on-
31    going basis, assess existing mechanisms for preventing abuse and neglect of
32    consumers in the home care setting and recommend improvements to those
33    agencies and the general assembly. As part of this duty, members and
34    employees of the council shall have access to the employee disqualification
35    list established in section 192.2490 and the family care safety registry.
36    Members and employees of the council shall report to the department of health
37    and senior services when they have reasonable cause to believe that a
38    consumer has been abused or neglected as defined in section 192.2400, subject
39    to the same standards set forth in section 208.912;
40(8) Recommend the wage rate or rates to be paid personal care
41    attendants and any economic benefits to be received by personal care
42    attendants to the general assembly. The department shall retain its existing
HCS SS SB 889  205
43    authority to establish the Medicaid reimbursement rate for personal care
44    assistance services under subsection 2 of section 208.903;
45(9) Establish other terms and conditions of employment of personal
46    care attendants consistent with consumers' right to hire, fire, train, and
47    supervise personal care attendants;
48(10) Cooperate with the department of health and senior services and
49    vendors to improve the provision of personal care assistance services;
50(11) In carrying out its powers and duties under sections 208.850 to
51    208.871, the council may:
52(a) Make and execute contracts and all other instruments necessary or
53    convenient for the performance of its duties or exercise of its powers;
54(b) Issue rules under the Missouri administrative procedures act,
55    chapter 536, as necessary for the purposes and policies of sections 208.850 to
56    208.871. Any rule or portion of a rule, as that term is defined in section
57    536.010, that is created under the authority delegated in this section, shall
58    become effective only if it complies with and is subject to all of the provisions
59    of chapter 536 and, if applicable, section 536.028. This section and chapter
60    536 are nonseverable and if any of the powers vested with the general
61    assembly pursuant to chapter 536 to review, to delay the effective date, or to
62    disapprove and annul a rule are subsequently held unconstitutional, then the
63    grant of rulemaking authority and any rule proposed or adopted after August
64    28, 2008, shall be invalid and void;
65(c) Establish offices, employ an executive director and such other staff
66    as is necessary to carry out its functions and fix their compensation, retain
67    contractors as necessary and prescribe their duties and power, incur expenses,
68    and create such liabilities as are reasonable and proper for the administration
69    of sections 208.850 to 208.871;
70(d) Solicit and accept for use any grant of money, services or property
71    from the federal government, the state, or any political subdivision or agency
72    thereof, including federal matching funds under Title XIX of the federal Social
73    Security Act, and do all things necessary to cooperate with the federal
74    government, the state, or any political subdivision or agency thereof in making
75    an application for any grant;
76(e) Keep records and engage in research and the gathering of relevant
77    statistics;
78(f) Acquire, hold, or dispose of personal property or any interest
79    therein, and contract for, lease, or otherwise provide facilities for the activities
80    conducted under this measure;
81(g) Sue and be sued in its own name;
82(h) Delegate to the appropriate persons the power to execute contracts
83    and other instruments on its behalf and delegate any of its powers and duties if
84    consistent with the purposes of sections 208.850 to 208.871; and
85(i) Do other acts necessary or convenient to execute the powers
86    expressly granted to it.]
  [208.862. 1. Consumers shall retain the right to hire, fire, supervise,
2    and train personal care attendants.
HCS SS SB 889  206
32. Vendors shall continue to perform the functions provided in sections
4    208.900 to 208.930. In addition to having a philosophy that promotes the
5    consumer's ability to live independently in the most integrated setting or the
6    maximum community inclusion of persons with physical disabilities, as
7    required by subsection 1 of section 208.918, vendors shall provide to
8    consumers advocacy, independent living skills training, peer counseling, and
9    information and referral services, as those terms are used in subsection 3 of
10    section 178.656.
113. The council shall be a public body as that term is defined in section
12    105.500, and personal care attendants shall be employees of the council solely
13    for purposes of sections 105.500 to 105.598.
144. The sole bargaining unit of personal care attendants, as that term is
15    defined in section 105.500, shall be a statewide unit. Personal care attendants
16    who are related to or members of the family of the consumer to whom they
17    provide services shall not for that reason be excluded from the unit. The state
18    board of mediation shall conduct an election, by mail ballot, to determine
19    whether an organization shall be designated the exclusive bargaining
20    representative as defined in section 105.500 for the statewide unit of
21    personal care attendants under section 105.525 upon a showing that ten
22    percent of the personal care attendants in said unit want to be represented by a
23    representative. The Missouri office of administration shall represent the
24    council in any collective bargaining with a representative of personal care
25    attendants. Upon completion of bargaining, any agreements shall be reduced
26    to writing and presented to the council for adoption, modification or rejection.
275. The state of Missouri and all vendors shall cooperate in the
28    implementation of any agreements reached by the council and any
29    representative of personal care attendants, including making any payroll
30    deductions authorized by the agreements which can lawfully be made pursuant
31    to agreements entered into under sections 105.500 to 105.598 as currently
32    construed by the Missouri appellate courts.
336. Personal care attendants shall not have the right to strike and breach
34    of this prohibition will result in disqualification from participation in the
35    consumer directed services program.
367. Personal care attendants shall not be considered employees of the
37    state of Missouri or any vendor for any purpose.
388. (1) The provisions of sections 105.500 to 105.598 shall apply to all
39    personal care attendants, organizations elected as the exclusive bargaining
40    representative of the bargaining unit of personal care attendants under this
41    section, and all officers and employees of such organizations. For purposes of
42    this subsection, organizations elected as the exclusive bargaining
43    representative of a bargaining unit under this section shall be considered a
44    labor organization, as that term is defined in section 105.500.
45(2) If an organization is not recertified or is decertified as the exclusive
46    bargaining representative of a bargaining unit of personal care attendants
47    under section 105.575, any subsequent certification of an organization as
48    exclusive bargaining representative of a bargaining unit of personal care
49    attendants shall be conducted according to the provisions of section 105.575,
50    notwithstanding subsection 4 of this section to the contrary.]
HCS SS SB 889  207
  [208.865. Definitions.
2As used in sections 208.850 to 208.871:
3(1) "Consumer" means a person receiving personal care assistance
4    services from a personal care attendant as defined in subdivision (4) of this
5    section;
6(2) "Council" means the Missouri quality home care council;
7(3) "Department" means the Missouri department of health and senior
8    services;
9(4) "Personal care attendant" means a person, other than a consumer's
10    spouse, providing consumer-directed personal care assistance services as
11    defined in subdivisions (2) and (5) of section 208.900 under sections 208.900
12    to 208.927, similar consumer-directed personal care assistance services under
13    section 208.930, and similar consumer-directed personal care assistance
14    services through a program operated pursuant to a waiver obtained under
15    Section 1915(c) of the federal Social Security Act or similar consumer-
16    directed services under the successor to any of said programs;
17(5) "Vendor" is defined in subdivision (10) of section 208.900 and in
18    subsection 2 of section 208.862.]
  [208.868. Federal approval and funding.
2The council and the state of Missouri shall take all actions reasonably
3    necessary to obtain any approval from the United States needed to implement
4    any part of sections 208.850 to 208.871 and to ensure continued federal
5    funding of any program governed by sections 208.850 to 208.871.]
  [208.871. Severability.
2If any section, subsection, subdivision, paragraph, sentence, or clause
3    of sections 208.850 to 208.871 is held to be invalid or unconstitutional, such
4    decision shall not affect any remaining portion, section, or part thereof which
5    can be given effect without the invalid provision.]
  [209.287. 1. There is hereby established within the Missouri
2    commission for the deaf and hard of hearing a board to be known as the
3    "Board for Certification of Interpreters", which shall be composed of three
4    members. The executive director of the Missouri commission for the deaf and
5    hard of hearing or the director's designee shall be a nonvoting member of the
6    board.
72. The members shall be appointed by the governor with the advice
8    and consent of the senate from a list of recommendations from the
9    commission. The members shall be appointed for terms of three years. No
10    member shall be eligible to serve more than two consecutive terms, except a
11    person appointed to fill a vacancy for a partial term may serve two additional
12    terms. One of the members appointed shall be deaf, one shall be a certified
13    interpreter, and one shall be deaf or a certified interpreter. The members shall
14    be fluent in American sign language, Pidgin Signed English, oral, tactile sign,
15    or any specialized vocabulary used by deaf persons. The member shall have a
16    background and knowledge of interpreting and evaluation.
HCS SS SB 889  208
173. The members shall receive no compensation for their services on
18    the board, but the commission shall reimburse the members for actual and
19    necessary expenses incurred in the performance of their official duties. The
20    board shall meet not less than two times per year. The board shall elect from
21    its membership a chairperson and a secretary. A quorum of the board shall
22    consist of two of its members.
234. Any member of the commission may petition the governor to
24    remove a member from the board for the following reasons: misconduct,
25    inefficiency, incompetence or neglect of his official duties. The governor may
26    remove the member after giving the committee member written notice of the
27    charges against him or her and an opportunity to be heard pursuant to
28    administrative procedures in chapter 621.]
  [210.102. 1. There is hereby established within the department of
2    elementary and secondary education the "Coordinating Board for Early
3    Childhood", which shall constitute a body corporate and politic, and shall
4    include, but not be limited to, the following members:
5(1) A representative from the governor's office;
6(2) A representative from each of the following departments: health
7    and senior services, mental health, social services, and elementary and
8    secondary education;
9(3) A representative of the judiciary;
10(4) A representative of the family and community trust board (FACT);
11(5) A representative from the head start program; and
12(6) Nine members appointed by the governor with the advice and
13    consent of the senate who are representatives of the groups, such as business,
14    philanthropy, civic groups, faith-based organizations, parent groups, advocacy
15    organizations, early childhood service providers, and other stakeholders.
16
17    The coordinating board may make all rules it deems necessary to enable it to
18    conduct its meetings, elect its officers, and set the terms and duties of its
19    officers. The coordinating board shall elect from amongst its members a
20    chairperson, vice chairperson, a secretary-reporter, and such other officers as it
21    deems necessary. Members of the board shall serve without compensation but
22    may be reimbursed for actual expenses necessary to the performance of their
23    official duties for the board.
242. The coordinating board for early childhood shall have the power to:
25(1) Develop a comprehensive statewide long-range strategic plan for a
26    cohesive early childhood system;
27(2) Confer with public and private entities for the purpose of
28    promoting and improving the development of children from birth through age
29    five of this state;
30(3) Identify legislative recommendations to improve services for
31    children from birth through age five;
32(4) Promote coordination of existing services and programs across
33    public and private entities;
34(5) Promote research-based approaches to services and ongoing
35    program evaluation;
HCS SS SB 889  209
36(6) Identify service gaps and advise public and private entities on
37    methods to close such gaps;
38(7) Apply for and accept gifts, grants, appropriations, loans, or
39    contributions to the coordinating board for early childhood fund from any
40    source, public or private, and enter into contracts or other transactions with
41    any federal or state agency, any private organizations, or any other source in
42    furtherance of the purpose of subsection 1 of this section and this subsection,
43    and take any and all actions necessary to avail itself of such aid and
44    cooperation;
45(8) Direct disbursements from the coordinating board for early
46    childhood fund as provided in this section;
47(9) Administer the coordinating board for early childhood fund and
48    invest any portion of the moneys not required for immediate disbursement in
49    obligations of the United States or any agency or instrumentality of the United
50    States, in obligations of the state of Missouri and its political subdivisions, in
51    certificates of deposit and time deposits, or other obligations of banks and
52    savings and loan associations, or in such other obligations as may be
53    prescribed by the board;
54(10) Purchase, receive, take by grant, gift, devise, bequest or
55    otherwise, lease, or otherwise acquire, own, hold, improve, employ, use, and
56    otherwise deal with real or personal property or any interests therein, wherever
57    situated;
58(11) Sell, convey, lease, exchange, transfer or otherwise dispose of all
59    or any of its property or any interest therein, wherever situated;
60(12) Employ and fix the compensation of an executive director and
61    such other agents or employees as it considers necessary;
62(13) Adopt, alter, or repeal by its own bylaws, rules, and regulations
63    governing the manner in which its business may be transacted;
64(14) Adopt and use an official seal;
65(15) Assess or charge fees as the board determines to be reasonable to
66    carry out its purposes;
67(16) Make all expenditures which are incident and necessary to carry
68    out its purposes;
69(17) Sue and be sued in its official name;
70(18) Take such action, enter into such agreements, and exercise all
71    functions necessary or appropriate to carry out the duties and purposes set
72    forth in this section.
733. There is hereby created the "Coordinating Board for Early
74    Childhood Fund" which shall consist of the following:
75(1) Any moneys appropriated by the general assembly for use by the
76    board in carrying out the powers set out in subsections 1 and 2 of this section;
77(2) Any moneys received from grants or which are given, donated, or
78    contributed to the fund from any source;
79(3) Any moneys received as fees authorized under subsections 1 and 2
80    of this section;
81(4) Any moneys received as interest on deposits or as income on
82    approved investments of the fund;
83(5) Any moneys obtained from any other available source.
HCS SS SB 889  210
84
85    Notwithstanding the provisions of section 33.080 to the contrary, any moneys
86    remaining in the coordinating board for early childhood fund at the end of the
87    biennium shall not revert to the credit of the general revenue fund.]
  [210.154. 1. There is hereby created within the department of social
2    services the "Missouri Task Force on the Prevention of Infant Abuse and
3    Neglect" to study and make recommendations to the governor and general
4    assembly concerning the prevention of infant abuse and neglect in Missouri.
5    The task force shall consist of the following nine members:
6(1) Two members of the senate from different political parties,
7    appointed by the president pro tempore of the senate;
8(2) Two members of the house of representatives from different
9    political parties, appointed by the speaker of the house of representatives;
10(3) The director of the department of social services, or his or her
11    designee;
12(4) The director of the department of health and senior services, or his
13    or her designee;
14(5) A SAFE CARE provider as described in section 334.950;
15(6) A representative of a child advocacy organization specializing in
16    prevention of child abuse and neglect; and
17(7) A representative of a licensed Missouri hospital or licensed
18    Missouri birthing center.
19
20    Members of the task force, other than the legislative members and the directors
21    of state departments, shall be appointed by the governor with the advice and
22    consent of the senate by September 15, 2016.
232. A majority vote of a quorum of the task force is required for any
24    action.
253. The task force shall elect a chair and vice chair at its first meeting,
26    which shall be convened by the director of the department of social services, or
27    his or her designee, no later than October 1, 2016. Meetings may be held by
28    telephone or video conference at the discretion of the chair.
294. Members shall serve on the task force without compensation but
30    may, subject to appropriations, be reimbursed for actual and necessary
31    expenses incurred in the performance of their official duties as members of the
32    task force.
335. On or before December 31, 2016, the task force shall submit a
34    report on its findings and recommendations to the governor and general
35    assembly.
366. The task shall develop recommendations to reduce infant abuse and
37    neglect, including but not limited to:
38(1) Sharing information between the children's division and hospitals
39    and birthing centers for the purpose of identifying newborn infants who may
40    be at risk of abuse and neglect; and
41(2) Training division employees and medical providers to recognize
42    the signs of infant child abuse and neglect.
43
HCS SS SB 889  211
44    The recommendations may include proposals for specific statutory and
45    regulatory changes and methods to foster cooperation between state and local
46    governmental bodies, medical providers, and child welfare agencies.
477. The task force shall expire on January 1, 2017, or upon submission
48    of a report as provided for under subsection 5 of this section.]
  [210.1030. 1. There is hereby created the "Trauma-Informed Care for
2    Children and Families Task Force". The mission of the task force shall be to
3    promote the healthy development of children and their families living in
4    Missouri communities by promoting comprehensive trauma-informed children
5    and family support systems and interagency cooperation.
62. The task force shall consist of the following members:
7(1) The directors, or their designees, of the departments of elementary
8    and secondary education, health and senior services, mental health, social
9    services, public safety, and corrections;
10(2) The director, or his or her designee, of the office of child advocate;
11(3) Six members from the private sector with knowledge of trauma-
12    informed care methods, two of whom shall be appointed by the speaker of the
13    house of representatives, one of whom shall be appointed by the minority
14    leader of the house of representatives, two of whom shall be appointed by the
15    president pro tempore of the senate, and one of whom shall be appointed by
16    the minority leader of the senate;
17(4) Two members of the house of representatives appointed by the
18    speaker of the house of representatives and one member of the house of
19    representatives appointed by the minority leader of the house of
20    representatives;
21(5) Two members of the senate appointed by the president pro tempore
22    of the senate and one member of the senate appointed by the minority leader of
23    the senate; and
24(6) The executive director, or his or her designee, of the Missouri
25    Juvenile Justice Association.
263. The task force shall incorporate evidence-based and evidence-
27    informed best practices including, but not limited to, the Missouri Model: A
28    Developmental Framework for Trauma-Informed, with respect to:
29(1) Early identification of children and youth and their families, as
30    appropriate, who have experienced or are at risk of experiencing trauma;
31(2) The expeditious referral of such children and youth and their
32    families, as appropriate, who require specialized services to the appropriate
33    trauma-informed support services, including treatment, in accordance with
34    applicable privacy laws; and
35(3) The implementation of trauma-informed approaches and
36    interventions in child and youth-serving schools, organizations, homes, and
37    other settings to foster safe, stable, and nurturing environments and
38    relationships that prevent and mitigate the effects of trauma.
394. The department of social services shall provide such research,
40    clerical, technical, and other services as the task force may require in the
41    performance of its duties.
HCS SS SB 889  212
425. The task force, its members, and any staff assigned to the task force
43    shall receive reimbursement for their actual and necessary expenses incurred
44    in attending meetings of the task force or any subcommittee thereof.
456. The task force shall meet within two months of August 28, 2018.
467. The task force shall report a summary of its activities and any
47    recommendations for legislation to the general assembly and to the joint
48    committee on child abuse and neglect under section 21.771 by January 1,
49    2019.
508. The task force shall terminate on January 1, 2019.]
  [215.263. 1. For purposes of sections 215.261 to 215.263, the term
2    "affordable housing" means all residential structures newly constructed or
3    rehabilitated, which a person earning one hundred fifteen percent or less of the
4    median income for the person's county, as determined by the United States
5    Census Bureau's American Community Survey, based on the most recent of
6    five-year period estimate data in which the final year of the estimate ends in
7    either zero or five, could afford if spending twenty-nine percent of that
8    person's gross income annually on such housing.
92. Clerical, research and general administrative support staff for the
10    commission shall be provided by the Missouri department of economic
11    development.]
  [217.147. 1. There is hereby created the "Sentencing and Corrections
2    Oversight Commission". The commission shall be composed of thirteen
3    members as follows:
4(1) A circuit court judge to be appointed by the chief justice of the
5    Missouri supreme court;
6(2) Three members to be appointed by the governor with the advice
7    and consent of the senate, one of whom shall be a victim's advocate, one of
8    whom shall be a representative from the Missouri Sheriffs' Association, and
9    one of whom shall be a representative of the Missouri Association of Counties;
10(3) The following shall be ex officio, voting members:
11(a) The chair of the senate judiciary committee, or any successor
12    committee that reviews legislation involving crime and criminal procedure,
13    who shall serve as co-chair of the commission and the ranking minority
14    member of such senate committee;
15(b) The chair of the appropriations-public safety and corrections
16    committee of the house of representatives, or any successor committee that
17    reviews similar legislation, who shall serve as co-chair and the ranking
18    minority member of such house committee;
19(c) The director of the Missouri state public defender system, or his or
20    her designee who is a practicing public defender;
21(d) The executive director of the Missouri office of prosecution
22    services, or his or her designee who is a practicing prosecutor;
23(e) The director of the department of corrections, or his or her
24    designee;
25(f) The chairman of the board of probation and parole, or his or her
26    designee;
HCS SS SB 889  213
27(g) The chief justice of the Missouri supreme court, or his or her
28    designee.
292. Beginning with the appointments made after August 28, 2012, the
30    circuit court judge member shall be appointed for four years, two of the
31    members appointed by the governor shall be appointed for three years, and one
32    member appointed by the governor shall be appointed for two years.
33    Thereafter, the members shall be appointed to serve four-year terms and shall
34    serve until a successor is appointed. A vacancy in the office of a member shall
35    be filled by appointment for the remainder of the unexpired term.
363. The co-chairs are responsible for establishing and enforcing
37    attendance and voting rules, bylaws, and the frequency, location, and time of
38    meetings, and distributing meeting notices, except that the commission's first
39    meeting shall occur by February 28, 2013, and the commission shall meet at
40    least twice each calendar year.
414. The duties of the commission shall include:
42(1) Monitoring and assisting the implementation of sections 217.703,
43    217.718, and subsection 4 of section 559.036, and evaluating recidivism
44    reductions, cost savings, and other effects resulting from the implementation;
45(2) Determining ways to reinvest any cost savings to pay for the
46    continued implementation of the sections listed in subdivision (1) of this
47    subsection and other evidence-based practices for reducing recidivism; and
48(3) Examining the issue of restitution for crime victims, including the
49    amount ordered and collected annually, methods and costs of collection, and
50    restitution's order of priority in official procedures and documents.
515. The department, board, and office of state courts administrator shall
52    collect and report any data requested by the commission in a timely fashion.
536. The commission shall issue a report to the speaker of the house of
54    representatives, senate president pro tempore, chief justice of the Missouri
55    supreme court, and governor on December 31, 2013, and annually thereafter,
56    detailing the effects of the sections listed in subdivision (1) of subsection 4 and
57    providing the data and analysis demonstrating those effects. The report may
58    also recommend ways to reinvest any cost savings into evidence-based
59    practices to reduce recidivism and possible changes to sentencing and
60    corrections policies and statutes.
617. The department of corrections shall provide administrative support
62    to the commission to carry out the duties of this section.
638. No member shall receive any compensation for the performance of
64    official duties, but the members who are not otherwise reimbursed by their
65    agency shall be reimbursed for travel and other expenses actually and
66    necessarily incurred in the performance of their duties.
679. The provisions of this section shall automatically expire on August
68    28, 2018.]
  [217.555. 1. There is hereby created and established an "Advisory
2    Board of Vocational Enterprises Program" consisting of the director of the
3    division of offender rehabilitative services or his designee, who shall serve as
4    chairman, the vocational enterprises administrator and three members
5    representing organized labor and three members representing manufacturing
HCS SS SB 889  214
6    interests, one member who is qualified by education and experience in
7    criminology, and one member who is qualified by education and experience in
8    vocational rehabilitation. The public board members shall be appointed by the
9    department director for a term of four years, with appointments to this board
10    made so that two members' terms expire each year. The commissioner of
11    administration or his designee, and the governor or his designee, shall serve as
12    ex officio members of the board.
132. The board shall meet at least quarterly at the call of the chairman.
143. The board shall provide the director advice and counsel on proper
15    planning and programs for the vocational enterprises program within the
16    department and shall make recommendations concerning the services to be
17    provided and the articles manufactured, including style, design, and quality, as
18    well as for economy and efficiency in their manufacture. New industries and
19    agribusiness operations may be established or terminated at the discretion of
20    the director.
214. The members of the board, other than the chairman, and ex officio
22    members, shall receive compensation at the rate of one hundred dollars plus all
23    actual and necessary expenses for each day they are engaged in the discharge
24    of their official duties.]
  [227.817. The portion of U.S. Highway 169 from State Highway VV
2    continuing to State Highway DD in Clinton and Clay counties shall be
3    designated the "Championship Way". The department of transportation shall
4    erect and maintain appropriate signs designating such highway, with the costs
5    to be paid by private donations. This designation shall expire on December
6    31, 2022.]
  [252.300. 1. Sections 252.300 to 252.333 shall be known and may be
2    cited as "The Missouri Economic Diversification and Afforestation Act of
3    1990".
42. It is the intent of sections 252.300 to 252.333 to address
5    environmental, economic, and social programs with a long-term, integrated
6    strategy that will result in soil conservation, improved water and air quality,
7    enhanced wildlife habitat, increased job opportunities, and reduced social
8    problems, to the benefit of all citizens of the state of Missouri.]
  [252.303. The department may develop and implement, in cooperation
2    with the University of Missouri college of agriculture, the University of
3    Missouri center for agroforestry, the University of Missouri extension service,
4    the Missouri department of natural resources, private industry councils and the
5    Missouri department of agriculture, an agroforestry program. The program
6    shall be designed to encourage the development of a state program of
7    agroforestry, and shall encourage soil conservation and diversifications of the
8    state's agricultural base through the use of trees planted in an agroforestry
9    configuration to accommodate alley cropping, forested-riparian buffers,
10    silvopasture and windbreaks.]
HCS SS SB 889  215
  [252.306. As used in sections 252.300 to 252.333, the following terms
2    shall mean:
3(1) "Alley cropping", planting rows of trees at wide spacings and
4    cropping the alleyways;
5(2) "Conservation reserve program", the conservation reserve program
6    authorized by the Federal Food Security Act of 1985, as amended, (Title XII,
7    P.L. 99-198), or its successor program;
8(3) "Department", the Missouri department of conservation;
9(4) "Director", the director of the Missouri department of
10    conservation;
11(5) "Eligible land", agricultural land which is susceptible to soil
12    erosion that has a recent cropping history, marginal pastureland, land
13    surrounding livestock enclosures and riparian zones;
14(6) "Eligible practices", single or multiple rows of trees, alone or
15    combined with other plants such as grass, conventional row crops or
16    horticulture crops, and animals located at intervals of distance within or
17    around fields, around livestock enclosures, and along streams and rivers,
18    specifically designed to provide production and environmental enhancement
19    benefits in accordance with the practices identified in section 252.303;
20(7) "Enhancement phase", the period of time, not to exceed ten years,
21    immediately following the establishment phase, during which payments are
22    made by the state of Missouri to landowners who use their eligible land for
23    agroforestry purposes as required by the department;
24(8) "Establishment phase", the period of time during which eligible
25    land is being prepared for planting trees and developing agroforestry practices,
26    as determined by the director of the department;
27(9) "Forested-riparian buffers", a combination of trees and other
28    vegetation established parallel to streams and rivers;
29(10) "Silvopasture", combining trees with forage and livestock;
30(11) "Windbreaks", planting single or multiple rows of trees for
31    protection and enhanced production of crops and animals.]
  [252.309. 1. The director may enter into agreements with individual
2    landowners to make incentive payments during the enhancement phase to
3    landowners. Recipients of such payments shall utilize the land for which such
4    payment is made for agroforestry purposes as required by the director pursuant
5    to sections 252.300 to 252.333.
62. The amount of state incentive payment made to a landowner per
7    acre of eligible land shall be an amount which, when added to any cash or in-
8    kind net income produced by crops raised on the land, is substantially equal to
9    the amount per acre previously paid or which would have been paid to the
10    landowner under the federal conservation reserve program.
113. If an application made pursuant to section 252.315 is approved by
12    the director, the director shall develop a schedule of annual payments to be
13    made by the state.
144. The state shall not make any payment to a landowner to maintain
15    the use of eligible land during the enhancement phase for agroforestry
HCS SS SB 889  216
16    purposes after ten years have elapsed since the first such incentive payment is
17    made.]
  [252.312. The state payments provided for in sections 252.309,
2    252.330, and 252.333 may be made from funds available to the department of
3    conservation, soil conservation funds made available by the department of
4    natural resources from the tax imposed by Sections 47(a), 47(b) and 47(c) of
5    Article IV of the Constitution of Missouri, funds appropriated by the general
6    assembly for that purpose, grants, bequests or gifts, or any combination
7    thereof.]
  [252.315. 1. To participate in the program, the landowner shall make
2    application to the director in writing. The written application shall show the
3    number of acres to be placed in the program and that the land which is to be
4    placed in the agroforestry program meets the eligibility requirements of this
5    section. The application shall also contain a detailed plan of the landowner's
6    proposal to meet the requirements of sections 252.300 to 252.333, including
7    the type and number of trees to be planted, established, or managed, the type
8    of compatible grass, other crops and such other information as may be deemed
9    necessary. The number of trees required to satisfy eligibility may vary with
10    agroforestry practice, but in each case shall be a sufficient number to guarantee
11    the success of the practice and shall be consistent with standards established
12    for each practice.
132. The director shall review each application. In reviewing the
14    application the director shall determine the type or types of soil located in the
15    area of the land proposed to be included in the agroforestry program and shall
16    apply the land capability classification system to determine the potential or
17    limitations of the land for inclusion in the program. Before the director acts
18    upon the application, an on-site inspection shall be made by a representative of
19    the department of conservation or its approved agent. The inspecting
20    representative shall attest to the efficacy of the agroforestry plan to be used,
21    the number of acres to be placed under agroforestry management, the species
22    and number of trees to be planted, established, or managed, and other crop
23    components of the proposed program. After the report of the on-site inspector
24    and the review by the director, the director shall determine the landowner's
25    eligibility to participate in the agroforestry program and shall determine the
26    amount of cost sharing, including in-kind and labor components, for the
27    landowner. If the director fails to approve an application, the aggrieved
28    landowner may request a hearing before the conservation commission or its
29    authorized representative within thirty days of notice to the landowner of the
30    failure of the conservation department to approve the application, or the
31    landowner may proceed under the provisions of section 536.150 as if the act of
32    the conservation department was one not subject to administrative review. If
33    an action is brought pursuant to section 536.150, venue shall be in Cole
34    County.]
  [252.318. 1. All land participating in the agroforestry program shall
2    be inspected annually by a representative of the director, to ensure that the land
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3    continues to comply with the requirements of sections 252.300 to 252.333 and
4    that practice specifications are being maintained in accordance with applicable
5    rules and regulations.
62. If the annual inspection determines that the land is no longer in
7    compliance with the provisions of sections 252.300 to 252.333 or with the
8    rules and regulations promulgated pursuant to the provisions of sections
9    252.300 to 252.333, the director shall notify the landowner of that fact and
10    shall detail the specifics in which the land fails to meet the requirements. The
11    landowner may respond to the notice within thirty days of receipt, either by
12    contesting the inspection report or by providing the director with a proposal to
13    correct the problems which form the basis of the notice. If the landowner
14    contests the findings of the annual inspection, the aggrieved landowner may
15    request a hearing before the conservation commission or its authorized
16    representative or the landowner may proceed under the provisions of section
17    536.150, as if the act of the conservation department was one not subject to
18    administrative review. If an action is brought pursuant to section 536.150,
19    venue shall be in Cole County. If the landowner provides the director with a
20    proposal to correct the problems which form the basis of the notice, the
21    director shall review the proposal and, if the director finds such proposal
22    acceptable, shall allow the landowner to implement the proposal to correct the
23    alleged problems and shall not suspend the annual payment to the landowner
24    under the provisions of sections 252.300 to 252.333. If the landowner is
25    unable or unwilling to correct the alleged problems in a manner acceptable to
26    the director, the landowner shall not receive the subsequent payments due
27    under the provisions of sections 252.300 to 252.333.]
  [252.321. The University of Missouri center for agroforestry and
2    extension service, in consultation with the director, shall establish agroforestry
3    demonstration areas, and develop and deliver the educational components of
4    sections 252.300 to 252.333.]
  [252.324. 1. The director may promulgate rules and regulations
2    necessary to carry out the provisions of sections 252.300 to 252.333. Before
3    promulgating any such rule, the director shall seek the advice and comments of
4    the University of Missouri college of agriculture, the University of Missouri
5    center for agroforestry, the University of Missouri extension service, the
6    Missouri department of natural resources, private industry councils, the
7    Missouri department of economic development and the Missouri department
8    of agriculture. The director may seek advice and comments before
9    promulgating rules and regulations from the United States Department of
10    Agriculture and any other entities deemed advisable by the director. No rule or
11    portion of a rule promulgated under the authority of this chapter shall become
12    effective unless it has been promulgated pursuant to the provisions of chapter
13    536.
142. The Missouri department of conservation may contract with the
15    division of soil and water conservation of the Missouri department of natural
16    resources for any administrative functions required under the provisions of
17    sections 252.300 to 252.333.]
HCS SS SB 889  218
  [252.327. 1. The department of conservation and the department of
2    economic development and the University of Missouri college of agriculture
3    shall, by each of the dates specified in subsection 2 of this section, jointly
4    produce a report on the agroforestry program which:
5(1) Provides a status report on the afforestation aspects of the
6    agroforestry program by presenting a forecast of anticipated economic
7    developments from the afforestation in the state as a result of the
8    agroforestry program;
9(2) Suggests public or private sector initiatives that will potentially
10    serve to maximize the economic benefits for related new development and
11    expansion of existing businesses resulting from the agroforestry program;
12(3) Suggests methods to promote the development of wood and other
13    forestry related products;
14(4) Suggests public or private sector initiatives or methods which will
15    result in significant increases in job opportunities and employment.
162. The report shall be submitted to the governor and to the general
17    assembly by January thirty-first of each of the following years: 1996, 2001,
18    2006, 2011, 2016, 2021, and 2026.]
  [252.330. During the establishment phase, the director may pay for the
2    planting of trees on eligible land which is used for agroforestry pursuant to
3    sections 252.300 to 252.333. Such payment shall be limited to expenses which
4    are determined to be reasonable and necessary by the director, but shall not
5    exceed seventy-five percent of the cost of establishment.]
  [252.333. The director may make incentive payments for agroforestry
2    purposes of land enrolled in this program. The duration of such payments
3    shall not exceed ten years. The director may also expend funds to plant trees
4    on such land. Such expenditures may include both planting and associated
5    practices as determined by the director.]
  [260.900. As used in sections 260.900 to 260.960, unless the context
2    clearly indicates otherwise, the following terms mean:
3(1) "Abandoned dry-cleaning facility", any real property premises or
4    individual leasehold space in which a dry-cleaning facility formerly operated;
5(2) "Active dry-cleaning facility", any real property premises or
6    individual leasehold space in which a dry-cleaning facility currently operates;
7(3) "Chlorinated dry-cleaning solvent", any dry-cleaning solvent
8    which contains a compound which has a molecular structure containing the
9    element chlorine;
10(4) "Commission", the hazardous waste management commission
11    created in section 260.365;
12(5) "Corrective action", those activities described in subsection 1 of
13    section 260.925;
14(6) "Corrective action plan", a plan approved by the director to
15    perform corrective action at a dry-cleaning facility;
16(7) "Department", the Missouri department of natural resources;
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17(8) "Director", the director of the Missouri department of natural
18    resources;
19(9) "Dry-cleaning facility", a commercial establishment that operates,
20    or has operated in the past in whole or in part for the purpose of cleaning
21    garments or other fabrics on site utilizing a process that involves any use of
22    dry-cleaning solvents. Dry-cleaning facility includes all contiguous land,
23    structures and other appurtenances and improvements on the land used in
24    connection with a dry-cleaning facility but does not include prisons,
25    governmental entities, hotels, motels or industrial laundries. Dry-cleaning
26    facility does include coin-operated dry-cleaning facilities;
27(10) "Dry-cleaning solvent", any and all nonaqueous solvents used or
28    to be used in the cleaning of garments and other fabrics at a dry-cleaning
29    facility and includes but is not limited to perchloroethylene, also known as
30    tetrachloroethylene, chlorinated dry-cleaning, and the products into which
31    such solvents degrade;
32(11) "Dry-cleaning unit", a machine or device which utilizes dry-
33    cleaning solvents to clean garments and other fabrics and includes any
34    associated piping and ancillary equipment and any containment system;
35(12) "Environmental response surcharge", either the active dry-
36    cleaning facility registration surcharge or the dry-cleaning solvent surcharge;
37(13) "Fund", the dry-cleaning environmental response trust fund
38    created in section 260.920;
39(14) "Immediate response to a release", containment and control of a
40    known release in excess of a reportable quantity and notification to the
41    department of any known release in excess of a reportable quantity;
42(15) "Operator", any person who is or has been responsible for the
43    operation of dry-cleaning operations at a dry-cleaning facility;
44(16) "Owner", any person who owns the real property where a dry-
45    cleaning facility is or has operated;
46(17) "Person", an individual, trust, firm, joint venture, consortium,
47    joint-stock company, corporation, partnership, association or limited liability
48    company. Person does not include any governmental organization;
49(18) "Release", any spill, leak, emission, discharge, escape, leak or
50    disposal of dry-cleaning solvent from a dry-cleaning facility into the soils or
51    waters of the state;
52(19) "Reportable quantity", a known release of a dry-cleaning solvent
53    deemed reportable by applicable federal or state law or regulation.]
  [260.905. 1. The commission shall promulgate and adopt such initial
2    rules and regulations, effective no later than July 1, 2007, as shall be necessary
3    to carry out the purposes and provisions of sections 260.900 to 260.960. Prior
4    to the promulgation of such rules, the commission shall meet with
5    representatives of the dry-cleaning industry and other interested parties.
6    The commission, thereafter, shall promulgate and adopt additional rules and
7    regulations or change existing rules and regulations when necessary to carry
8    out the purposes and provisions of sections 260.900 to 260.960.
92. Any rule or regulation adopted pursuant to sections 260.900 to
10    260.960 shall be reasonably necessary to protect human health, to preserve,
HCS SS SB 889  220
11    protect and maintain the water and other natural resources of this state and to
12    provide for prompt corrective action of releases from dry-cleaning facilities.
13    Consistent with these purposes, the commission shall adopt rules and
14    regulations, effective no later than July 1, 2007:
15(1) Establishing requirements that owners who close dry-cleaning
16    facilities remove dry-cleaning solvents and wastes from such facilities in order
17    to prevent any future releases;
18(2) Establishing criteria to prioritize the expenditure of funds from the
19    dry-cleaning environmental response trust fund. The criteria shall include
20    consideration of:
21(a) The benefit to be derived from corrective action compared to the
22    cost of conducting such corrective action;
23(b) The degree to which human health and the environment are
24    actually affected by exposure to contamination;
25(c) The present and future use of an affected aquifer or surface water;
26(d) The effect that interim or immediate remedial measures will have
27    on future costs; and
28(e) Such additional factors as the commission considers relevant;
29(3) Establishing criteria under which a determination may be made by
30    the department of the level at which corrective action shall be deemed
31    completed. Criteria for determining completion of corrective action shall be
32    based on the factors set forth in subdivision (2) of this subsection and:
33(a) Individual site characteristics including natural remediation
34    processes;
35(b) Applicable state water quality standards;
36(c) Whether deviation from state water quality standards or from
37    established criteria is appropriate, based on the degree to which the desired
38    remediation level is achievable and may be reasonably and cost effectively
39    implemented, subject to the limitation that where a state water quality standard
40    is applicable, a deviation may not result in the application of standards more
41    stringent than that standard; and
42(d) Such additional factors as the commission considers relevant.]
  [260.910. 1. No person shall:
2(1) Operate an active dry-cleaning facility in violation of sections
3    260.900 to 260.960, rules and regulations adopted pursuant to sections
4    260.900 to 260.960 or orders of the director pursuant to sections 260.900 to
5    260.960, or operate an active dry-cleaning facility in violation of any other
6    applicable federal or state environmental statutes, rules or regulations;
7(2) Prevent or hinder a properly identified officer or employee of the
8    department or other authorized agent of the director from entering, inspecting,
9    sampling or responding to a release at reasonable times and with reasonable
10    advance notice to the operator as authorized by sections 260.900 to 260.960;
11(3) Knowingly make any false material statement or representation in
12    any record, report or other document filed, maintained or used for the purpose
13    of compliance with sections 260.900 to 260.960;
HCS SS SB 889  221
14(4) Knowingly destroy, alter or conceal any record required to be
15    maintained by sections 260.900 to 260.960 or rules and regulations adopted
16    pursuant to sections 260.900 to 260.960;
17(5) Willfully allow a release in excess of a reportable quantity or
18    knowingly fail to make an immediate response to a release in accordance with
19    sections 260.900 to 260.960 and rules and regulations pursuant to sections
20    260.900 to 260.960.
212. The director may bring a civil damages action against any person
22    who violates any provisions of subsection 1 of this section. Such civil
23    damages may be assessed in an amount not to exceed five hundred dollars for
24    each violation and are in addition to any other penalty assessed by law.
253. In assessing any civil damages pursuant to this section, a court of
26    competent jurisdiction shall consider, when applicable, the following factors:
27(1) The extent to which the violation presents a hazard to human
28    health;
29(2) The extent to which the violation has or may have an adverse effect
30    on the environment;
31(3) The amount of the reasonable costs incurred by the state in
32    detection and investigation of the violation; and
33(4) The economic savings realized by the person in not complying
34    with the provision for which a violation is charged.]
  [260.915. Each operator of an active dry-cleaning facility shall register
2    with the department on a form provided by the department according to
3    procedures established by the department by rule.]
  [260.920. 1. There is hereby created within the state treasury a fund to
2    be known as the "Dry-cleaning Environmental Response Trust Fund". All
3    moneys received from the environmental response surcharges, fees, gifts,
4    bequests, donations and moneys recovered by the state pursuant to sections
5    260.900 to 260.960, except for any moneys paid under an agreement with the
6    director or as civil damages, or any other money so designated shall be
7    deposited in the state treasury to the credit of the dry-cleaning environmental
8    response trust fund, and shall be invested to generate income to the fund.
9    Notwithstanding the provisions of section 33.080, the unexpended balance in
10    the dry-cleaning environmental response trust fund at the end of each fiscal
11    year shall not be transferred to the general revenue fund.
122. Moneys in the fund may be expended for only the following
13    purposes and for no other governmental purpose:
14(1) The direct costs of administration and enforcement of sections
15    260.900 to 260.960; and
16(2) The costs of corrective action as provided in section 260.925.
173. The state treasurer is authorized to deposit all of the moneys in the
18    dry-cleaning environmental response trust fund in any of the qualified
19    depositories of the state. All such deposits shall be secured in such a manner
20    and shall be made upon such terms and conditions as are now or may hereafter
21    be provided by law relative to state deposits. Interest received on such
HCS SS SB 889  222
22    deposits shall be credited to the dry-cleaning environmental response trust
23    fund.
244. Any funds received pursuant to sections 260.900 to 260.960 and
25    deposited in the dry-cleaning environmental response trust fund shall not be
26    considered a part of "total state revenue" as provided in Sections 17 and 18 of
27    Article X of the Missouri Constitution.]
  [260.925. 1. On and after July 1, 2002, moneys in the fund shall be
2    utilized to address contamination resulting from releases of dry-cleaning
3    solvents as provided in sections 260.900 to 260.960. Whenever a release
4    poses a threat to human health or the environment, the department, consistent
5    with rules and regulations adopted by the commission pursuant to subdivisions
6    (2) and (3) of subsection 2 of section 260.905, shall expend moneys available
7    in the fund to provide for:
8(1) Investigation and assessment of a release from a dry-cleaning
9    facility, including costs of investigations and assessments of contamination
10    which may have moved off of the dry-cleaning facility;
11(2) Necessary or appropriate emergency action, including but not
12    limited to treatment, restoration or replacement of drinking water supplies, to
13    assure that the human health or safety is not threatened by a release or
14    potential release;
15(3) Remediation of releases from dry-cleaning facilities, including
16    contamination which may have moved off of the dry-cleaning facility, which
17    remediation shall consist of the preparation of a corrective action plan and the
18    cleanup of affected soil, groundwater and surface waters, using an alternative
19    that is cost-effective, technologically feasible and reliable, provides adequate
20    protection of human health and environment and to the extent practicable
21    minimizes environmental damage;
22(4) Operation and maintenance of corrective action;
23(5) Monitoring of releases from dry-cleaning facilities including
24    contamination which may have moved off of the dry-cleaning facility;
25(6) Payment of reasonable costs incurred by the director in providing
26    field and laboratory services;
27(7) Reasonable costs of restoring property as nearly as practicable to
28    the condition that existed prior to activities associated with the investigation of
29    a release or cleanup or remediation activities;
30(8) Removal and proper disposal of wastes generated by a release of a
31    dry-cleaning solvent; and
32(9) Payment of costs of corrective action conducted by the department
33    or by entities other than the department but approved by the department,
34    whether or not such corrective action is set out in a corrective action plan;
35    except that, there shall be no reimbursement for corrective action costs
36    incurred before August 28, 2000.
372. Nothing in subsection 1 of this section shall be construed to
38    authorize the department to obligate moneys in the fund for payment of costs
39    that are not integral to corrective action for a release of dry-cleaning solvents
40    from a dry-cleaning facility. Moneys from the fund shall not be used:
HCS SS SB 889  223
41(1) For corrective action at sites that are contaminated by solvents
42    normally used in dry-cleaning operations where the contamination did not
43    result from the operation of a dry-cleaning facility;
44(2) For corrective action at sites, other than dry-cleaning facilities, that
45    are contaminated by dry-cleaning solvents which were released while being
46    transported to or from a dry-cleaning facility;
47(3) To pay any fine or penalty brought against a dry-cleaning facility
48    operator under state or federal law;
49(4) To pay any costs related to corrective action at a dry-cleaning
50    facility that has been included by the United States Environmental Protection
51    Agency on the national priorities list;
52(5) For corrective action at sites with active dry-cleaning facilities
53    where the owner or operator is not in compliance with sections 260.900 to
54    260.960, rules and regulations adopted pursuant to sections 260.900 to
55    260.960, orders of the director pursuant to sections 260.900 to 260.960, or any
56    other applicable federal or state environmental statutes, rules or regulations; or
57(6) For corrective action at sites with abandoned dry-cleaning facilities
58    that have been taken out of operation prior to July 1, 2009, and not
59    documented by or reported to the department by July 1, 2009. Any person
60    reporting such a site to the department shall include any available evidence
61    that the site once contained a dry-cleaning facility.
623. Nothing in sections 260.900 to 260.960 shall be construed to restrict
63    the department from temporarily postponing completion of corrective action
64    for which moneys from the fund are being expended whenever such
65    postponement is deemed necessary in order to protect public health and the
66    environment.
674. At any multisource site, the department shall utilize the moneys in
68    the fund to pay for the proportionate share of the liability for corrective action
69    costs which is attributable to a release from one or more dry-cleaning facilities
70    and for that proportionate share of the liability only.
715. At any multisource site, the director is authorized to make a
72    determination of the relative liability of the fund for costs of corrective action,
73    expressed as a percentage of the total cost of corrective action at a site,
74    whether known or unknown. The director shall issue an order establishing
75    such percentage of liability. Such order shall be binding and shall control the
76    obligation of the fund until or unless amended by the director. In the event of
77    an appeal from such order, such percentage of liability shall be controlling for
78    costs incurred during the pendency of the appeal.
796. Any authorized officer, employee or agent of the department, or any
80    person under order or contract with the department, may enter onto any
81    property or premises, at reasonable times and with reasonable advance notice
82    to the operator, to take corrective action where the director determines that
83    such action is necessary to protect the public health or environment. If consent
84    is not granted by the operator regarding any request made by any officer,
85    employee or agent of the department, or any person under order or contract
86    with the department, under the provisions of this section, the director may
87    issue an order directing compliance with the request. The order may be issued
 HCS SS SB 889  224
88    after such notice and opportunity for consultation as is reasonably appropriate
89    under the circumstances.
907. Notwithstanding any other provision of sections 260.900 to
91    260.960, in the discretion of the director, an operator may be responsible for
92    up to one hundred percent of the costs of corrective action attributable to such
93    operator if the director finds, after notice and an opportunity for a hearing in
94    accordance with chapter 536 that:
95(1) Requiring the operator to bear such responsibility will not
96    prejudice another owner, operator or person who is eligible, pursuant to the
97    provisions of sections 260.900 to 260.960, to have corrective action costs paid
98    by the fund; and
99(2) The operator:
100(a) Caused a release in excess of a reportable quantity by willful or
101    wanton actions and such release was caused by operating practices in violation
102    of existing laws and regulations at the time of the release; or
103(b) Is in arrears for moneys owed pursuant to sections 260.900 to
104    260.960, after notice and an opportunity to correct the arrearage; or
105(c) Materially obstructs the efforts of the department to carry out its
106    obligations pursuant to sections 260.900 to 260.960; except that, the exercise
107    of legal rights shall not constitute a substantial obstruction; or
108(d) Caused or allowed a release in excess of a reportable quantity
109    because of a willful material violation of sections 260.900 to 260.960 or the
110    rules and regulations adopted by the commission pursuant to sections 260.900
111    to 260.960.
1128. For purposes of subsection 7 of this section, unless a transfer is
113    made to take advantage of the provisions of subsection 7 of this section,
114    purchasers of stock or other indicia of ownership and other successors in
115    interest shall not be considered to be the same owner or operator as the seller
116    or transferor of such stock or indicia of ownership even though there may be
117    no change in the legal identity of the owner or operator. To the extent that an
118    owner or operator is responsible for corrective action costs pursuant to
119    subsection 7 of this section, such owner or operator shall not be entitled to the
120    exemption provided in subsection 5 of section 260.930.
1219. The fund shall not be liable for the payment of costs in excess of
122    one million dollars at any one contaminated dry-cleaning site. Additionally,
123    the fund shall not be liable for the payment of costs for any one site in excess
124    of twenty-five percent of the total moneys in the fund during any fiscal year.
125    For purposes of this subsection, "contaminated dry-cleaning site" means the
126    areal extent of soil or ground water contaminated with dry-cleaning solvents.
12710. The owner or operator of an active dry-cleaning facility shall be
128    liable for the first twenty-five thousand dollars of corrective action costs
129    incurred because of a release from an active dry-cleaning facility. The owner
130    of an abandoned dry-cleaning facility shall be liable for the first twenty-five
131    thousand dollars of corrective action costs incurred because of a release from
132    an abandoned dry-cleaning facility. Nothing in this subsection shall be
133    construed to prohibit the department from taking corrective action because the
134    department cannot obtain the deductible.]
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  [260.930. 1. Neither the state of Missouri, the fund, the commission,
2    the director nor the department or agent or employees thereof shall be liable
3    for loss of business, damages or taking of property associated with any
4    corrective action taken pursuant to sections 260.900 to 260.960.
52. Nothing in sections 260.900 to 260.960 shall establish or create any
6    liability or responsibility on the part of the commission, the director, the
7    department or the state of Missouri, or agents or employees thereof, to pay any
8    corrective action costs from any source other than the fund or to take
9    corrective action if the moneys in the fund are insufficient to do so.
103. Nothing in sections 260.900 to 260.960 shall be construed to
11    abrogate or limit any right, remedy, causes of action, or claim by any person
12    sustaining personal injury or property damage as a result of any release from a
13    dry-cleaning facility, nor shall anything in sections 260.900 to 260.960 be
14    construed to abrogate or limit any liability of any person in any way
15    responsible for any release from a dry-cleaning facility or any damages for
16    personal injury or property damages caused by such a release.
174. Moneys in the fund shall not be used for compensating third parties
18    for bodily injury or property damage caused by a release from a dry-cleaning
19    facility, other than property damage included in the corrective action plan
20    approved by the director.
215. To the extent that an operator, owner or other person is eligible
22    pursuant to the provisions of sections 260.900 to 260.960 to have corrective
23    action costs paid by the fund, no administrative or judicial claim may be made
24    under state law against any such operator, owner or other person by or on
25    behalf of a state or local government or by any person to either compel
26    corrective action at the dry-cleaning facility site or seek recovery of the costs
27    of corrective action at the dry-cleaning facility which result from the release of
28    dry-cleaning solvents from that dry-cleaning facility or to compel corrective
29    action or seek recovery of the costs of corrective action which result from the
30    release of dry-cleaning solvents from a dry-cleaning facility. The provisions
31    of this subsection shall apply to any dry-cleaning facility or dry-cleaning
32    facility site which has been included in a corrective action plan approved by
33    the director. The director shall only approve a corrective action plan after
34    making a determination that a sufficient balance in the fund exists to
35    implement the plan. No administrative or judicial claim may be made unless
36    the director has rejected the corrective action plan submitted pursuant to
37    section 260.925.]
  [260.935. 1. Every active dry-cleaning facility shall pay, in addition to
2    any other environmental response surcharges, an annual dry-cleaning facility
3    registration surcharge as follows:
4(1) Five hundred dollars for facilities which use no more than one
5    hundred forty gallons of chlorinated solvents;
6(2) One thousand dollars for facilities which use more than one
7    hundred forty gallons of chlorinated solvents and less than three hundred sixty
8    gallons of chlorinated solvents per year; and
9(3) Fifteen hundred dollars for facilities which use at least three
10    hundred sixty gallons of chlorinated solvents per year.
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112. The active dry-cleaning facility registration surcharge imposed by
12    this section shall be reported and paid to the department on an annual basis.
13    The commission shall prescribe by administrative rule the procedure for the
14    report and payment required by this section.
153. The department shall provide each person who pays a dry-cleaning
16    facility registration surcharge pursuant to this section with a receipt. The
17    receipt or the copy of the receipt shall be produced for inspection at the request
18    of any authorized representative of the department.
194. All moneys collected or received by the department pursuant to this
20    section shall be transmitted to the department of revenue for deposit in the
21    state treasury to the credit of the dry-cleaning environmental response trust
22    fund created in section 260.920. Following each annual reporting date, the
23    state treasurer shall certify the amount deposited in the fund to the department.
245. If any person does not pay the active dry-cleaning facility
25    registration surcharge or any portion of the active dry-cleaning facility
26    registration surcharge imposed by this section by the date prescribed for such
27    payment, the department shall impose and such person shall pay, in addition to
28    the active dry-cleaning facility registration surcharge owed by such person, a
29    penalty of fifteen percent of the active dry-cleaning facility registration
30    surcharge. Such penalty shall be deposited in the dry-cleaning environmental
31    response trust fund.
326. If any person does not pay the active dry-cleaning facility
33    registration surcharge or any portion of the active dry-cleaning facility
34    registration surcharge imposed by this section by the date prescribed for such
35    payment, the department shall also impose interest upon the unpaid amount at
36    the rate of ten percent per annum from the date prescribed for the payment of
37    such surcharge and penalties until payment is actually made. Such interest
38    shall be deposited in the dry-cleaning environmental response trust fund.]
  [260.940. 1. Every seller or provider of dry-cleaning solvent for use in
2    this state shall pay, in addition to any other environmental response surcharges,
3    a dry-cleaning solvent surcharge on the sale or provision of dry-cleaning
4    solvent.
52. The amount of the dry-cleaning solvent surcharge imposed by this
6    section on each gallon of dry-cleaning solvent shall be an amount equal to the
7    product of the solvent factor for the dry-cleaning solvent and the rate of eight
8    dollars per gallon.
93. The solvent factor for each dry-cleaning solvent is as follows:
10(1) For perchloroethylene, the solvent factor is 1.00;
11(2) For 1,1,1-trichloroethane, the solvent factor is 1.00; and
12(3) For other chlorinated dry-cleaning solvents, the solvent factor is
13    1.00.
144. In the case of a fraction of a gallon, the dry-cleaning solvent
15    surcharge imposed by this section shall be the same fraction of the fee imposed
16    on a whole gallon.
175. The dry-cleaning solvent surcharge required in this section shall be
18    paid to the department by the seller or provider of the dry-cleaning solvent,
19    regardless of the location of such seller or provider.
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206. The dry-cleaning solvent surcharge required in this section shall be
21    paid by the seller or provider on a quarterly basis and shall be paid to the
22    department for the previous quarter. The commission shall prescribe by
23    administrative rule the procedure for the payment required by this section.
247. The department shall provide each person who pays a dry-cleaning
25    solvent surcharge pursuant to this section with a receipt. The receipt or the
26    copy of the receipt shall be produced for inspection at the request of any
27    authorized representative of the department.
288. All moneys collected or received by the department pursuant to this
29    section shall be transmitted to the department of revenue for deposit in the
30    state treasury to the credit of the dry-cleaning environmental response trust
31    fund created in section 260.920. Following each annual or quarterly reporting
32    date, the state treasurer shall certify the amount deposited to the department.
339. If any seller or provider of dry-cleaning solvent fails or refuses to
34    pay the dry-cleaning solvent surcharge imposed by this section, the department
35    shall impose and such seller or provider shall pay, in addition to the dry-
36    cleaning solvent surcharge owed by the seller or provider, a penalty of fifteen
37    percent of the dry-cleaning solvent surcharge. Such penalty shall be deposited
38    in the dry-cleaning environmental response trust fund.
3910. If any person does not pay the dry-cleaning solvent surcharge or
40    any portion of the dry-cleaning solvent surcharge imposed by this section by
41    the date prescribed for such payment, the department shall impose and such
42    person shall pay interest upon the unpaid amount at the rate of ten percent per
43    annum from the date prescribed for the payment of such surcharge and
44    penalties until payment is actually made. Such interest shall be deposited in
45    the dry-cleaning environmental response trust fund.
4611. An operator of a dry-cleaning facility shall not purchase or obtain
47    solvent from a seller or provider who does not pay the dry-cleaning solvent
48    charge, as provided in this section. Any operator of a dry-cleaning facility
49    who fails to obey the provisions of this section shall be required to pay the dry-
50    cleaning solvent surcharge as provided in subsections 2, 3 and 4 of this section
51    for any dry-cleaning solvent purchased or obtained from a seller or provider
52    who fails to pay the proper dry-cleaning solvent surcharge as determined by
53    the department. Any operator of a dry-cleaning facility who fails to follow the
54    provisions of this subsection shall also be charged a penalty of fifteen percent
55    of the dry-cleaning solvent surcharge owed. Any operator of a dry-cleaning
56    facility who fails to obey the provisions of this subsection shall also be subject
57    to the interest provisions of subsection 10 of this section. If a seller or
58    provider of dry-cleaning solvent charges the operator of a dry-cleaning facility
59    the dry-cleaning solvent surcharge provided for in this section when the
60    solvent is purchased or obtained by the operator and the operator can prove
61    that the operator made full payment of the surcharge to the seller or provider
62    but the seller or provider fails to pay the surcharge to the department as
63    required by this section, then the operator shall not be liable pursuant to this
64    subsection for interest, penalties or the seller's or provider's unpaid surcharge.
65    Such surcharges, penalties and interest shall be collected by the department,
66    and all moneys collected pursuant to this subsection shall be deposited in the
67    dry-cleaning environmental response trust fund.]
HCS SS SB 889  228
  [260.945. 1. If the unobligated principal of the fund equals or exceeds
2    five million dollars on April first of any year, the active dry-cleaning facility
3    registration surcharge imposed by section 260.935 and the dry-cleaning
4    solvent surcharge imposed by section 260.940 shall not be collected on or after
5    the next July first until such time as on April first of any year thereafter the
6    unobligated principal balance of the fund equals two million dollars or less,
7    then the active dry-cleaning facility registration surcharge imposed by section
8    260.935 and the dry-cleaning solvent surcharge imposed by section 260.940
9    shall again be collected on and after the next July first.
102. Not later than April fifth of each year, the state treasurer shall notify
11    the department of the amount of the unobligated balance of the fund on April
12    first of such year. Upon receipt of the notice, the department shall notify the
13    public if the active dry-cleaning facility registration surcharge imposed by
14    section 260.935 and the dry-cleaning solvent surcharge imposed by section
15    260.940 will terminate or be payable on the following July first.
163. Moneys in the fund shall not be expended pursuant to sections
17    260.900 to 260.960 prior to July 1, 2002.]
  [260.950. 1. All final orders and determinations of the commission or
2    the department made pursuant to the provisions of sections 260.900 to 260.960
3    are subject to judicial review pursuant to the provisions of chapter 536. All
4    final orders and determinations shall be deemed administrative decisions as
5    that term is defined in chapter 536; provided that, no judicial review shall be
6    available, unless all administrative remedies are exhausted.
72. In any suit filed pursuant to section 536.050 concerning the validity
8    of the commission's or department's standards, rules or regulations, the court
9    shall review the record made before the commission or department to
10    determine the validity and such reasonableness of such standards, rules or
11    regulations and may hear such additional evidence as it deems necessary.]
  [260.955. The department shall annually transmit a report to the
2    general assembly and the governor regarding:
3(1) Receipts of the fund during the preceding calendar year and the
4    sources of the receipts;
5(2) Disbursements from the fund during the preceding calendar year
6    and the purposes of the disbursements;
7(3) The extent of corrective action taken pursuant to sections 260.900
8    to 260.960 during the preceding calendar year; and
9(4) The prioritization of sites for expenditures from the fund.]
  [260.960. Any rule or portion of a rule, as that term is defined in
2    section 536.010, that is created under the authority delegated in this section
3    shall become effective only if it complies with and is subject to all of the
4    provisions of chapter 536 and, if applicable, section 536.028. This section and
5    chapter 536 are nonseverable and if any of the powers vested with the general
6    assembly pursuant to chapter 536 to review, to delay the effective date or to
7    disapprove and annul a rule are subsequently held unconstitutional, then the
HCS SS SB 889  229
8    grant of rulemaking authority and any rule proposed or adopted after the
9    effective date of this act shall be invalid and void.]
  [260.965. The provisions of sections 260.900 to 260.965 shall expire
2    August 28, 2017.]
  [301.213. 1. Notwithstanding the provisions of sections 301.200 and
2    301.210, any person licensed as a motor vehicle dealer under sections 301.550
3    to 301.580 that has provided to the director of revenue a surety bond or
4    irrevocable letter of credit in an amount not less than one hundred thousand
5    dollars in a form which complies with the requirements of section 301.560 and
6    in lieu of the fifty thousand dollar bond otherwise required for licensure as a
7    motor vehicle dealer shall be authorized to purchase or accept in trade any
8    motor vehicle for which there has been issued a certificate of ownership, and
9    to receive such vehicle subject to any existing liens thereon created and
10    perfected under sections 301.600 to 301.660 provided the licensed dealer
11    receives the following:
12(1) A signed written contract between the licensed dealer and the
13    owner of the vehicle outlining the terms of the sale or acceptance in trade of
14    such motor vehicle without transfer of the certificate of ownership; and
15(2) Physical delivery of the vehicle to the licensed dealer; and
16(3) A power of attorney from the owner to the licensed dealer, in
17    accordance with subsection 4 of section 301.300, authorizing the licensed
18    dealer to obtain a duplicate or replacement title in the owner's name and sign
19    any title assignments on the owner's behalf.
202. If the dealer complies with the requirements of subsection 1 of this
21    section, the sale or trade of the vehicle to the dealer shall be considered final,
22    subject to any existing liens created and perfected under sections 301.600 to
23    301.660. Once the prior owner of the motor vehicle has physically delivered
24    the motor vehicle to the licensed dealer, the prior owners' insurable interest in
25    such vehicle shall cease to exist.
263. If a licensed dealer complies with the requirements of subsection 1
27    of this section, and such dealer has provided to the director of revenue a surety
28    bond or irrevocable letter of credit in amount not less than one hundred
29    thousand dollars in a form which complies with the requirements of section
30    301.560 and in lieu of the fifty thousand dollar bond otherwise required for
31    licensure as a motor vehicle dealer, such dealer may sell such vehicle prior to
32    receiving and assigning to the purchaser the certificate of ownership, provided
33    such dealer complies with the following:
34(1) All outstanding liens created on the vehicle pursuant to sections
35    301.600 to 301.660 have been paid in full, and the dealer provides a copy of
36    proof or other evidence to the purchaser; and
37(2) The dealer has obtained proof or other evidence from the
38    department of revenue confirming that no outstanding child support liens exist
39    upon the vehicle at the time of sale and provides a copy of said proof or other
40    evidence to the purchaser; and
41(3) The dealer has obtained proof or other evidence from the
42    department of revenue confirming that all applicable state sales tax has been
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43    satisfied on the sale of the vehicle to the previous owner and provides a copy
44    of said proof or other evidence to the purchaser; and
45(4) The dealer has signed an application for duplicate or replacement
46    title for the vehicle under subsection 4 of section 301.300 and provides a copy
47    of the application to the purchaser, along with a copy of the power of attorney
48    required by subsection 1 of this section, and the dealer has prepared and
49    delivered to the purchaser an application for title for the vehicle in the
50    purchaser's name; and
51(5) The dealer and the purchaser have entered into a written agreement
52    for the subsequent assignment and delivery of such certificate of ownership,
53    on a form prescribed by the director of revenue, to take place at a time, not to
54    exceed sixty calendar days, after the time of delivery of the motor vehicle to
55    the purchaser. Such agreement shall require the purchaser to provide to the
56    dealer proof of financial responsibility in accordance with chapter 303 and
57    proof of comprehensive and collision coverage on the motor vehicle. Such
58    dealer shall maintain the original or an electronic copy of the signed agreement
59    and deliver a copy of the signed agreement to the purchaser. Such dealer shall
60    also complete and deliver to the director of revenue such form as the director
61    shall prescribe demonstrating that the purchaser has purchased the vehicle
62    without contemporaneous delivery of the title.
63
64    Notwithstanding any provision of law to the contrary, completion of the
65    requirements of this subsection shall constitute prima facie evidence of an
66    ownership interest vested in the purchaser of the vehicle for all purposes other
67    than for a subsequent transfer of ownership of the vehicle by the purchaser,
68    subject to the rights of any secured lienholder of record; however, the
69    purchaser may use the dealer-supplied copy of the agreement to transfer his or
70    her ownership of the vehicle to an insurance company in situations where the
71    vehicle has been declared salvage or a total loss by the insurance company as a
72    result of a settlement of a claim. Such insurance company may apply for a
73    salvage certificate of title or junking certificate pursuant to the provisions of
74    subsection 3 of section 301.193 in order to transfer its interest in such vehicle.
75    The purchaser may also use the dealer-supplied copy of the agreement on the
76    form prescribed by the director of revenue as proof of ownership interest. Any
77    lender or insurance company may rely upon a copy of the signed written
78    agreement on the form prescribed by the director of revenue as proof of
79    ownership interest. Any lien placed upon a vehicle based upon such signed
80    written agreement shall be valid and enforceable, notwithstanding the absence
81    of a certificate of ownership.
824. Following a sale or other transaction in which a certificate of
83    ownership has not been assigned from the owner to the licensed dealer, the
84    dealer shall, within ten business days, apply for a duplicate or replacement
85    certificate of ownership. Upon receipt of a duplicate or replacement certificate
86    of ownership applied for under subsection 4 of section 301.300, the dealer
87    shall assign and deliver said certificate of ownership to the purchaser of the
88    vehicle within five business days. The dealer shall maintain proof of the
89    assignment and delivery of the certificate of ownership to the purchaser. For
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90    purposes of this subsection, a dealer shall be deemed to have delivered the
91    certificate of ownership to the purchaser upon either:
92(1) Physical delivery of the certificate of ownership to any of the
93    purchasers identified in the contract with such dealer; or
94(2) Mailing of the certificate, postage prepaid, return receipt requested,
95    to any of the purchasers at any of their addresses identified in the contract with
96    such dealer.
975. If a licensed dealer fails to comply with subsection 3 of this section,
98    and the purchaser of the vehicle is thereby damaged, then the dealer shall be
99    liable to the purchaser of the vehicle for actual damages, plus court costs and
100    reasonable attorney fees.
1016. If a licensed dealer fails or is unable to comply with subsection 4 of
102    this section, and the purchaser of the vehicle is thereby damaged, then the
103    dealer shall be liable to the purchaser of the vehicle for actual damages, plus
104    court costs and reasonable attorney fees. If the dealer cannot be found by the
105    purchaser after making reasonable attempts, or if the dealer fails to assign and
106    deliver the duplicate or replacement certificate of ownership to the purchaser
107    by the date agreed upon by the dealer and the purchaser, as required by
108    subsection 4 of this section, then the purchaser may deliver to the director a
109    copy of the contract for sale of the vehicle, a copy of the application for
110    duplicate title provided by the dealer to the purchaser, a copy of the secure
111    power of attorney allowing the dealer to assign the duplicate title, and the
112    proof or other evidence obtained by the purchaser from the dealer under
113    subsection 3 of this section. Thereafter, the director shall mail by certified
114    mail, return receipt requested, a notice to the dealer at the last address given to
115    the department by that dealer. That notice shall inform the dealer that the
116    director intends to cancel any prior certificate of title which may have been
117    issued to the dealer on the vehicle and issue to the purchaser a certificate of
118    title in the name of the purchaser, subject to any liens incurred by the
119    purchaser in connection with the purchase of the vehicle, unless the dealer,
120    within ten business days from the date of the director's notice, files with the
121    director a written objection to the director taking such action. If the dealer
122    does file a timely, written objection with the director, then the director shall not
123    take any further action without an order from a court of competent jurisdiction.
124    However, if the dealer does not file a timely, written objection with the
125    director, then the director shall cancel the prior certificate of title issued to the
126    dealer on the vehicle and issue a certificate of title to the purchaser of the
127    vehicle, subject to any liens incurred by the purchaser in connection with the
128    purchase of the vehicle and subject to the purchaser satisfying all applicable
129    taxes and fees associated with registering the vehicle.
1307. If a seller misrepresents to a dealer that the seller is the owner of a
131    vehicle and the dealer, the owner, any subsequent purchaser, or any prior or
132    subsequent lienholder is thereby damaged, then the seller shall be liable to
133    each such party for actual and punitive damages, plus court costs and
134    reasonable attorney fees.
1358. When a lienholder is damaged as a result of a licensed dealer's acts,
136    errors, omissions, or violations of this section, then the dealer shall be liable to
 HCS SS SB 889  232
137    the lienholder for actual damages, plus court costs and reasonable attorney
138    fees.
1399. No court costs or attorney fees shall be awarded under this section
140    unless, prior to filing any such action, the following conditions have been met:
141(1) The aggrieved party seeking damages has delivered an itemized
142    written demand of the party's actual damages to the party from whom damages
143    are sought; and
144(2) The party from whom damages are sought has not satisfied the
145    written demand within thirty days after receipt of the written demand.
14610. The department of revenue may use a dealer's repeated or
147    intentional violation of this section as a cause to suspend, revoke, or refuse to
148    issue or renew any license required pursuant to sections 301.550 to 301.580, in
149    addition to the causes set forth in section 301.562. The hearing process shall
150    be the same as that established in subsection 6 of section 301.562.
15111. No dealer shall enter into a contract under this section after
152    December 31, 2020. Any contract entered into prior to December 31, 2020,
153    shall be enforceable as provided in this section. This section shall be repealed
154    effective December 31, 2020.]
  [319.140. 1. There is established a task force of the general assembly
2    to be known as the "Task Force on the Petroleum Storage Tank Insurance
3    Fund". Such task force shall be composed of eight members. Three members
4    shall be from the house of representatives with two appointed by the speaker
5    of the house of representatives and one appointed by the minority floor leader
6    of the house of representatives. Three members shall be from the senate with
7    two appointed by the president pro tempore of the senate and one appointed by
8    the minority floor leader of the senate. Two members shall be industry
9    stakeholders with one appointed by the speaker of the house of representatives
10    and one appointed by the president pro tempore of the senate. No more than
11    two members from either the house of representatives or the senate shall be
12    from the same political party. A majority of the task force shall constitute a
13    quorum.
142. The task force shall conduct research and compile a report for
15    delivery to the general assembly by December 31, 2018, on the following:
16(1) The efficacy of the petroleum storage tank insurance fund and
17    program;
18(2) The sustainability of the petroleum storage tank insurance fund and
19    program;
20(3) The administration of the petroleum storage tank insurance fund
21    and program;
22(4) The availability of private insurance for above- and below-ground
23    petroleum storage tanks, and the necessity of insurance subsidies created
24    through the petroleum storage tank insurance program;
25(5) Compliance with federal programs, regulations, and advisory
26    reports; and
27(6) The comparability of the petroleum storage tank insurance
28    program to other states' programs and states without such programs.
HCS SS SB 889  233
293. The task force shall meet within thirty days after its creation and
30    organize by selecting a chairperson and vice chairperson, one of whom shall
31    be a member of the senate and the other a member of the house of
32    representatives. Thereafter, the task force may meet as often as necessary in
33    order to accomplish the tasks assigned to it.
344. The task force shall be staffed by legislative staff as necessary to
35    assist the task force in the performance of its duties.
365. The members of the task force shall serve without compensation but
37    shall be entitled to reimbursement for actual and necessary expenses incurred
38    in the performance of their official duties.
396. This section shall expire on December 31, 2018.]
  [320.093. 1. Any person, firm or corporation who purchases a dry fire
2    hydrant, as defined in section 320.273, or provides an acceptable means of
3    water storage for such dry fire hydrant including a pond, tank or other storage
4    facility with the primary purpose of fire protection within the state of Missouri,
5    shall be eligible for a credit on income taxes otherwise due pursuant to chapter
6    143, except sections 143.191 to 143.261, as an incentive to implement safe and
7    efficient fire protection controls. The tax credit, not to exceed five thousand
8    dollars, shall be equal to fifty percent of the cost in actual expenditure for any
9    new water storage construction, equipment, development and installation of
10    the dry hydrant, including pipes, valves, hydrants and labor for each such
11    installation of a dry hydrant or new water storage facility. The amount of the
12    tax credit claimed for in-kind contributions shall not exceed twenty-five
13    percent of the total amount of the contribution for which the tax credit is
14    claimed.
152. Any amount of credit which exceeds the tax due shall not be
16    refunded but may be carried over to any subsequent taxable year, not to exceed
17    seven years. The person, firm or corporation may elect to assign to a third
18    party the approved tax credit. The certificate of assignment and other
19    appropriate forms shall be filed with the Missouri department of revenue and
20    the department of economic development.
213. The person, firm or corporation shall make application for the credit
22    to the department of economic development after receiving approval of the
23    state fire marshal. The fire marshal shall establish by rule promulgated
24    pursuant to chapter 536 the requirements to be met based on the National
25    Resources Conservation Service's Dry Hydrant Standard. The state fire
26    marshal or designated local representative shall review and authorize the
27    construction and installation of any dry fire hydrant site. Only approved dry
28    fire hydrant sites shall be eligible for tax credits as indicated in this section.
29    Under no circumstance shall such authority deny any entity the ability to
30    provide a dry fire hydrant site when tax credits are not requested.
314. The department of public safety shall certify to the department of
32    revenue that the dry hydrant system meets the requirements to obtain a tax
33    credit as specified in subsection 5 of this section.
345. In order to qualify for a tax credit under this section, a dry hydrant
35    or new water storage facility shall meet the following minimum requirements:
HCS SS SB 889  234
36(1) Each body of water or water storage structure shall be able to
37    provide two hundred fifty gallons per minute for a continuous two-hour period
38    during a fifty-year drought or freeze at a vertical lift of eighteen feet;
39(2) Each dry hydrant shall be located within twenty-five feet of an all-
40    weather roadway and shall be accessible to fire protection equipment;
41(3) Dry hydrants shall be located a reasonable distance from other dry
42    or pressurized hydrants; and
43(4) The site shall provide a measurable economic improvement
44    potential for rural development.
456. New credits shall not be awarded under this section after August 28,
46    2010. The total amount of all tax credits allowed pursuant to this section is
47    five hundred thousand dollars in any one fiscal year as approved by the
48    director of the department of economic development.
497. Any rule or portion of a rule, as that term is defined in section
50    536.010, that is created under the authority delegated in this section shall
51    become effective only if it complies with and is subject to all of the provisions
52    of chapter 536 and, if applicable, section 536.028. This section and chapter
53    536 are nonseverable and if any of the powers vested with the general
54    assembly pursuant to chapter 536 to review, to delay the effective date or to
55    disapprove and annul a rule are subsequently held unconstitutional, then the
56    grant of rulemaking authority and any rule proposed or adopted after August
57    28, 2007, shall be invalid and void.]
  [332.304. The specific duties of the committee shall include the
2    following:
3(1) Designing a training program for dental hygienists which allows
4    coursework to be completed off-site from the educational institution, and
5    clinical and didactic training to be delivered in the office of a dentist licensed
6    under this chapter, if such offsite dental office is a part of an accredited dental
7    hygiene program through the Commission on Dental Accreditation of the
8    American Dental Association as an extended campus facility or any other
9    facility approved by the council on dental accreditation;
10(2) Developing suggestions for the creation of a contract between the
11    department and an institution of higher education to establish the training
12    program designed under subdivision (1) of this section;
13(3) Analyzing issues relating to the curriculum, funding, and
14    administration of the training program designed under subdivision (1) of
15    this section; and
16(4) On or before November 1, 2005, delivering to both houses of the
17    general assembly and the governor a report on the training program designed
18    under subdivision (1) of this section and any suggestions developed and
19    analysis made under subdivisions (2) and (3) of this section.]
  [332.305. The committee shall dissolve upon delivery of the report
2    required under subdivision (4) of section 332.304.]
  [334.153. 1. No person other than a physician licensed under this
2    chapter shall perform the following interventions in the course of diagnosing
HCS SS SB 889  235
3    or treating pain which is chronic, persistent and intractable, or occurs outside
4    of a surgical, obstetrical, or postoperative course of care:
5(1) Ablation of targeted nerves;
6(2) Percutaneous precision needle placement within the spinal column
7    with placement of drugs, such as local anesthetics, steroids, and analgesics, in
8    the spinal column under fluoroscopic guidance. The provisions of this
9    subdivision shall not apply to interlaminar lumbar epidural injections
10    performed in a hospital as defined in section 197.020 or an ambulatory
11    surgery center as defined in section 197.200 if the standard of care for
12    Medicare reimbursement for interlaminar or translaminar lumbar epidural
13    injections is changed after August 28, 2012, to allow reimbursement only with
14    the use of image guidance; or
15(3) Laser or endoscopic discectomy, or the surgical placement of
16    intrathecal infusion pumps, and or spinal cord stimulators.
172. Nothing in this section shall be construed to prohibit or restrict the
18    performance of surgical or obstetrical anesthesia services or postoperative pain
19    control by a certified registered nurse anesthetist pursuant to subsection 7 of
20    section 334.104 or by an anesthesiologist assistant licensed pursuant to
21    sections 334.400 to 334.434.
223. The state board of registration for the healing arts may promulgate
23    rules to implement the provisions of this section, except that such authority
24    shall not apply to rulemaking authority to define or regulate the scope of
25    practice of certified registered nurse anesthetists. Any rule or portion of a rule,
26    as that term is defined in section 536.010, that is created under the authority
27    delegated in this section shall become effective only if it complies with and is
28    subject to all of the provisions of chapter 536 and, if applicable, section
29    536.028. This section and chapter 536 are nonseverable and if any of the
30    powers vested with the general assembly pursuant to chapter 536 to review, to
31    delay the effective date, or to disapprove and annul a rule are subsequently
32    held unconstitutional, then the grant of rulemaking authority and any rule
33    proposed or adopted after August 28, 2012, shall be invalid and void.
344. The provisions of this section shall automatically expire four years
35    after August 28, 2012, unless reauthorized by an act of the general assembly.]
  [334.1135. 1. There is hereby established a joint task force to be
2    known as the "Joint Task Force on Radiologic Technologist Licensure".
32. The task force shall be composed of the following:
4(1) Two members of the senate, one of whom shall be appointed by the
5    president pro tempore and one by the minority leader of the senate;
6(2) Two members of the house of representatives, one of whom shall
7    be appointed by the speaker and one by the minority leader of the house of
8    representatives;
9(3) A clinic administrator, or his or her designee, appointed by the
10    Missouri Association of Rural Health Clinics;
11(4) A physician appointed by the Missouri State Medical Association;
12(5) A pain management physician appointed by the Missouri Society
13    of Anesthesiologists;
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14(6) A radiologic technologist appointed by the Missouri Society of
15    Radiologic Technologists;
16(7) A nuclear medicine technologist appointed by the Missouri Valley
17    Chapter of the Society of Nuclear Medicine and Molecular Imaging;
18(8) An administrator of an ambulatory surgical center appointed by the
19    Missouri Ambulatory Surgical Center Association;
20(9) A physician appointed by the Missouri Academy of Family
21    Physicians;
22(10) A certified registered nurse anesthetist appointed by the Missouri
23    Association of Nurse Anesthetists;
24(11) A physician appointed by the Missouri Radiological Society;
25(12) The director of the Missouri state board of registration for the
26    healing arts, or his or her designee; and
27(13) The director of the Missouri state board of nursing, or his or her
28    designee.
293. The task force shall review the current status of licensure of
30    radiologic technologists in Missouri and shall develop a plan to address the
31    most appropriate method to protect public safety when radiologic imaging and
32    radiologic procedures are utilized. The plan shall include:
33(1) An analysis of the risks associated if radiologic technologists are
34    not licensed;
35(2) The creation of a Radiologic Imaging and Radiation Therapy
36    Advisory Commission;
37(3) Procedures to address the specific needs of rural health care and
38    the availability of licensed radiologic technologists;
39(4) Requirements for licensure of radiographers, radiation therapists,
40    nuclear medicine technologists, nuclear medicine advanced associates,
41    radiologist assistants, and limited x-ray machine operators;
42(5) Reasonable exemptions to licensure;
43(6) Continuing education and training;
44(7) Penalty provisions; and
45(8) Other items that the task force deems relevant for the proper
46    determination of licensure of radiologic technologists in Missouri.
474. The task force shall meet within thirty days of its creation and select
48    a chair and vice chair. A majority of the task force shall constitute a quorum,
49    but the concurrence of a majority of total members shall be required for the
50    determination of any matter within the task force's duties.
515. The task force shall be staffed by legislative personnel as is deemed
52    necessary to assist the task force in the performance of its duties.
536. The members of the task force shall serve without compensation,
54    but may, subject to appropriation, be entitled to reimbursement for actual and
55    necessary expenses incurred in the performance of their official duties.
567. The task force shall submit a full report of its activities, including
57    the plan developed under subsection 3 of this section, to the general assembly
58    on or before January 15, 2020. The task force shall send copies of the report to
59    the director of the division of professional registration.]
HCS SS SB 889  237
  [338.320. 1. There is hereby established the "Missouri Electronic
2    Prior Authorization Committee" in order to facilitate, monitor, and report to
3    the general assembly on Missouri-based efforts to contribute to the
4    establishment of national electronic prior authorization standards. Such
5    efforts shall include the Missouri-based electronic prior authorization pilot
6    program established under subsection 5 of this section and the study and
7    dissemination of information by the committee of the efforts of the National
8    Council on Prescription Drug Programs (NCPDP) to develop national
9    electronic prior authorization standards. The committee shall advise the
10    general assembly and the department of commerce and insurance as to whether
11    there is a need for administrative rules to be promulgated by the department of
12    commerce and insurance as soon as practically possible.
132. The Missouri electronic prior authorization committee shall consist
14    of the following members:
15(1) Two members of the senate, appointed by the president pro
16    tempore of the senate;
17(2) Two members of the house of representatives, appointed by the
18    speaker of the house of representatives;
19(3) One member from an organization of licensed physicians in the
20    state;
21(4) One member who is a physician licensed in Missouri pursuant to
22    chapter 334;
23(5) One member who is a representative of a Missouri pharmacy
24    benefit management company;
25(6) One member from an organization representing licensed
26    pharmacists in the state;
27(7) One member from the business community representing businesses
28    on health insurance issues;
29(8) One member from an organization representing the leading
30    research-based pharmaceutical and biotechnology companies;
31(9) One member from an organization representing the largest generic
32    pharmaceutical trade association;
33(10) One patient advocate;
34(11) One member from an electronic prescription network that
35    facilitates the secure electronic exchange of clinical information between
36    physicians, pharmacies, payers, and pharmacy benefit managers and other
37    health care providers;
38(12) One member from a Missouri-based electronic health records
39    company;
40(13) One member from an organization representing the largest
41    number of hospitals in the state;
42(14) One member from a health carrier as such term is defined under
43    section 376.1350;
44(15) One member from an organization representing the largest
45    number of health carriers in the state, as such term is defined under section
46    376.1350;
47(16) The director of the department of social services, or the director's
48    designee;
HCS SS SB 889  238
49(17) The director of the department of commerce and insurance, who
50    shall be chair of the committee.
513. All of the members, except for the members from the general
52    assembly, shall be appointed by the governor no later than September 1, 2012,
53    with the advice and consent of the senate. The staff of the department of
54    commerce and insurance shall provide assistance to the committee.
554. The duties of the committee shall be as follows:
56(1) Before February 1, 2019, monitor and report to the general
57    assembly on the Missouri-based electronic prior authorization pilot program
58    created under subsection 5 of this section including a report of the outcomes
59    and best practices developed as a result of the pilot program and how such
60    information can be used to inform the national standard-setting process;
61(2) Obtain specific updates from the NCPDP and other pharmacy
62    benefit managers and vendors that are currently engaged in pilot programs
63    working toward national electronic prior authorization standards;
64(3) Correspond and collaborate with the NCPDP and other such pilots
65    through the exchange of information and ideas;
66(4) Assist, when asked by the pharmacy benefit manager, with the
67    development of the pilot program created under subsection 5 of this section
68    with an understanding of information on the success and failures of other pilot
69    programs across the country;
70(5) Prepare a report at the end of each calendar year to be distributed to
71    the general assembly and governor with a summary of the committee's
72    progress and plans for the next calendar year, including a report on Missouri-
73    based efforts to contribute to the establishment of national electronic prior
74    authorization standards. Such annual report shall continue until such time as
75    the NCPDP has established national electronic prior authorization standards or
76    this section has expired, whichever is sooner. The first report shall be
77    completed before January 1, 2013;
78(6) Upon the adoption of national electronic prior authorization
79    standards by the NCPDP, prepare a final report to be distributed to the general
80    assembly and governor that identifies the appropriate Missouri administrative
81    regulations, if any, that will need to be promulgated by the department of
82    commerce and insurance, in order to make those standards effective as soon as
83    practically possible, and advise the general assembly and governor if there are
84    any legislative actions necessary to the furtherance of that end.
855. The department of commerce and insurance and the Missouri
86    electronic prior authorization committee shall recruit a Missouri-based
87    pharmacy benefits manager doing business nationally to volunteer to
88    conduct an electronic prior authorization pilot program in Missouri. The
89    pharmacy benefits manager conducting the pilot program shall ensure that
90    there are adequate Missouri licensed physicians and an electronic prior
91    authorization vendor capable and willing to participate in a Missouri-based
92    pilot program. Such pilot program established under this section shall be
93    operational by January 1, 2014. The department and the committee may
94    provide advice or assistance to the pharmacy benefit manager conducting the
95    pilot program but shall not maintain control or lead with the direction of the
96    pilot program.
 HCS SS SB 889  239
976. Pursuant to section 23.253 of the Missouri sunset act:
98(1) The provisions of the new program authorized under this section
99    shall sunset automatically six years after August 28, 2012, unless reauthorized
100    by an act of the general assembly; and
101(2) If such program is reauthorized, the program authorized under this
102    section shall sunset automatically twelve years after the effective date of the
103    reauthorization of this section; and
104(3) This section shall terminate on September first of the calendar year
105    immediately following the calendar year in which the program authorized
106    under this section is sunset.]
  [354.215. The provisions of sections 374.261 to 374.269, which relate
2    to the insurance examiner's sick leave fund, shall apply to health services
3    corporations certified to operate in this state in the same manner as these
4    sections now apply to those domestic insurers which pay a premium tax and
5    are engaged in the business of insurance within this state. The provisions of
6    sections 374.261 to 374.269 shall also apply to examiners of the department of
7    commerce and insurance conducting examinations under section 354.190 in
8    the same manner as these sections now apply to examiners of the department
9    of commerce and insurance conducting examinations under section 374.190.]
  [374.007. 1. The revisor of statutes shall change all references in the
2    revised statutes of Missouri from "department of insurance", "insurance
3    department" or "department of insurance, financial and professional
4    regulation" to "department of insurance, financial institutions and
5    professional registration".
62. The revisor of statutes shall change all references in the revised
7    statutes of Missouri from "director of insurance" or "commissioner of
8    insurance" to "director of the department of insurance, financial institutions
9    and professional registration".]
  [375.355. 1. Any insurance company organized under the laws of this
2    state may hereafter, with the approval of the director first obtained,
3(1) Organize any subsidiary insurance company in which it shall own
4    and hold not less than a majority of the common stock; or
5(2) Acquire control of another insurance company by purchase,
6    merger or otherwise, regardless of the domicile of any company so organized
7    or acquired, for the purpose of operating any such company under a plan of
8    common control.
92. Whenever any insurance company shall propose under the
10    provisions of this section to acquire control of another insurance company
11    by purchase, merger or otherwise or to dispose of any stock so purchased or so
12    acquired, it shall present its petition to the director setting forth the terms and
13    conditions of the proposed acquisition or disposition and praying for the
14    approval of the acquisition or disposition. The director shall thereupon issue
15    an order of notice, requiring notice to be given, to the policyholders of a
16    mutual company and stockholders of a stock company, of the pendency of the
17    petition, and the time and place at which the same will be heard, by publication
HCS SS SB 889  240
18    of the order of notice in two daily newspapers designated by the director for at
19    least once a week for two weeks before the time appointed for the hearing
20    upon the petition; and any further notice which the director may require shall
21    be given by the petitioners. At the time and place fixed in the notice, or at
22    such time and place as shall be fixed by adjournment, the director shall
23    proceed with the hearing, and may make such examination into the affairs and
24    conditions of the companies as he may deem proper. For the purpose of
25    making the examination, or having the same made, the director may employ
26    the necessary clerical, actuarial, legal, and other assistance. The director of the
27    department of commerce and insurance of this state shall have the same power
28    to summon and compel the attendance and testimony of witnesses and the
29    production of books and papers at the hearing as by law granted in
30    examinations of companies. Any policyholder or stockholder of the company
31    or companies may appear before the director and be heard in reference to the
32    petition. The director, if satisfied that the proposed acquisition or disposition
33    was properly approved after notice as required by the articles and bylaws of
34    the company or companies, and that the interest of the policyholders of the
35    company or companies is protected, and that no reasonable objection exists as
36    to the acquisition or disposition, and that the acquisition will not tend to
37    substantially lessen competition or create a monopoly, shall approve and
38    authorize the proposed acquisition or disposition. All expenses and costs
39    incident to the proceedings under this subsection shall be paid by the company
40    or companies bringing the petition.
413. The shares of any subsidiary life insurance company acquired or
42    held under the provisions of this section by a parent life insurance company
43    organized under the provisions of chapter 376 shall be eligible for deposit by
44    the parent life insurance company as provided in section 376.170 at a value no
45    greater than the proportion of the capital and surplus of the subsidiary
46    company as shown by its last annual statement filed in the state of its domicile
47    represented by the shares held by the parent life insurance company, but only
48    to the extent that the capital and surplus is represented by cash or securities of
49    the kind and type eligible for deposit under the provisions of section 376.170
50    and other applicable statutes.
514. (1) The provisions of this section shall not apply to the acquisition
52    or disposition by purchase, sale or otherwise of not less than the majority of
53    the stock of any insurance company domiciled outside of the state of Missouri,
54    if the consideration involved in such acquisition or disposition does not exceed
55    the following threshold:
56(a) With respect to an insurance holding company, so long as such
57    consideration does not exceed the lesser of three percent of its consolidated
58    assets or twenty percent of its consolidated stockholders' equity as of the
59    thirty-first day of December of the preceding year according to its consolidated
60    balance sheet prepared in accordance with generally accepted accounting
61    principles and audited by independent certified accountants in accordance with
62    generally acceptable auditing standards; or
63(b) With respect to an insurance company organized under the laws of
64    this state, so long as such consideration does not exceed the lesser of three
65    percent of its assets or ten percent of its capital and surplus as of the thirty-first
HCS SS SB 889  241
66    day of December of the preceding year according to its balance sheet prepared
67    in accordance with accounting practices prescribed or permitted by the
68    department of commerce and insurance and in conformity with the practices
69    of the National Association of Insurance Commissioners and audited by
70    independent certified accountants in accordance with generally acceptable
71    auditing standards.
72(2) In calculating the amount of consideration involved in such
73    acquisition or disposition for the purposes of subdivision (1) of this subsection,
74    there shall be included total net moneys or other consideration expended, and
75    obligations assumed in the acquisition or disposition, including all
76    organizational expenses and contributions to capital and surplus of such
77    insurance company domiciled outside of the state of Missouri, whether
78    represented by the purchase of capital stock or issuance of other securities.
79    For the purposes of this subsection, the term "insurance holding company"
80    means a domestic insurance holding company in which the majority of stock is
81    owned by a domestic insurance company, or a domestic insurance holding
82    company which owns the majority of the stock of a domestic insurance
83    company.]
  [375.380. 1. It shall not be lawful for the directors, trustees or
2    managers of any insurance company to make any dividend, except from the
3    surplus profits arising from their business, nor for any company to solicit or do
4    new business, when its assets are less than three-fourths of its liabilities.
52. Any company violating the provisions aforesaid shall be subject to
6    proceedings for dissolution.
73. Each stockholder in a stock company receiving any dividend made
8    in violation of the above provision shall be liable to the creditors of such
9    company to the extent of the dividend received, with compound interest on the
10    same from the date of its receipt, as well as the costs of collecting the same,
11    and the managers, trustees or directors assenting to the same, or any agent
12    soliciting or doing new business, knowing or having reasonable cause to
13    believe that such company is impaired as aforesaid, shall be deemed guilty of a
14    violation of the provisions of this law, and shall be punished as by sections
15    375.010 to 375.920 provided.]
  [375.480. 1. When any company, which has on deposit the securities
2    named in section 376.170 with the director of the department of commerce and
3    insurance, shall desire to relinquish and cease its business in this state, said
4    director shall, upon application of such company, under the oath of the
5    president or vice president and secretary or assistant secretary, give notice of
6    such intention in any newspaper of general circulation published in the county
7    or city in which said company is located, if it is a company of this state, or in
8    some newspaper published in the city of St. Louis, if it is a company of another
9    state or government, at least twice a week for six weeks.
102. After such publication he shall deliver up and transfer to said
11    company the securities held by him and belonging to the company; but before
12    making such transfer, the director shall be satisfied, by an examination of the
13    books and papers of such company, to be made by himself or some competent
HCS SS SB 889  242
14    person to be appointed by him, or by the oath of the acting president and
15    secretary or assistant secretary of said company if it be a company organized
16    under the laws of this state, that all debts and liabilities of every kind that are
17    due, or may become due, upon all contracts or agreements made with the
18    policyholders in said company, or in any company reinsured by said company,
19    if the deposit is that of a reinsured company and is held for the security of the
20    policyholders of said reinsured company under sections 375.010 to 375.920,
21    are released, satisfied or extinguished; or if it be a company not organized
22    under the laws of this state, that all debts and liabilities of every kind, whether
23    fixed or contingent, due or that may become due to this state or to any county
24    or municipality or citizen thereof, are released, satisfied or extinguished; and
25    the said director may, from time to time, authorize the delivery in the manner
26    aforesaid, to such company or its assigns, of any portion of such securities, on
27    being satisfied in the manner and form aforesaid, that all debts and liabilities of
28    every kind as aforesaid are less than one-half the amount of the said securities
29    which are retained.]
  [376.170. All life insurance companies organized under the provisions
2    of sections 376.010 to 376.670 shall deposit with the director of the
3    department of commerce and insurance, in addition to other amounts required
4    by law to be deposited by life insurance companies before such companies are
5    permitted to engage in the business of issuing policies of life insurance and
6    annuity bonds, cash or securities of the kind and type in which life insurance
7    companies are required to invest their funds under sections 376.291 to
8    376.307, as same now is or as same may be hereafter amended, in an amount
9    sufficient to equal the net value on all policies or annuity bonds hereafter
10    issued by such companies, the amount thereof to be determined by an
11    evaluation made in accord with the provisions of sections 376.010 to 376.670.]
  [376.180. 1. After making the deposits mentioned in section 376.170,
2    the company shall issue its policies of insurance or annuity bonds and each
3    policy may have set out in the body thereof the following: "This policy is
4    registered and the net reserves secured by a pledge of bonds, deeds of trust on
5    real estate and other securities deposited with the department of commerce and
6    insurance of Missouri as required by section 376.170, RSMo."
72. The company under the supervision of the director shall prepare and
8    keep a permanent register thereof.
93. The provisions of this section pertaining to the registration of
10    policies shall not apply to policies issued on the industrial or prudential plans
11    except when such policies exceed one thousand dollars in amount, nor shall
12    the provisions of this section apply to term policies of seven years or less and
13    in amounts of ten thousand dollars or less, or to policies of group insurance or
14    group annuity; except that nothing contained herein shall be deemed to prevent
15    any policy from being registered hereunder, if the company issuing the policy
16    shall so desire.]
  [376.190. The director shall annually cause the registered policies and
2    annuity bonds of each company outstanding and in force to be carefully
HCS SS SB 889  243
3    valued, and whenever the total of the actual net value of such policies and
4    annuity bonds exceeds the market value of the securities on deposit, the
5    company issuing such policies or annuity bonds shall immediately deposit
6    sufficient securities of the same kind and type provided for in sections 376.291
7    to 376.307 to equal the net value of such policies and annuity bonds so that the
8    market value of the securities deposited shall always be equal to the actual net
9    value of the registered policies and annuity bonds issued by such company and
10    still in force.]
  [376.210. Whenever the aggregate market value of the securities
2    deposited by any company shall exceed the net reserve liability of the
3    company on all of its registered policies and annuity bonds, the excess may be
4    returned to the company, or, whenever the liability of such company on such
5    policies shall cease, the director of the department of commerce and insurance
6    shall return the securities deposited.]
  [376.220. Should any company depositing under section 376.170
2    become the owner of real estate for its own use and accommodations, or
3    become temporarily seized and possessed of real estate in satisfaction of debt
4    for which such real estate was pledged for security, such company may
5    execute its own note for the value of such real estate, payable to the director, as
6    trustee, and secure the said notes or bonds by duly recorded deeds of trust of
7    said real estate; which notes or bonds thus secured may be deposited with said
8    director as proper security, under and according to the provisions of sections
9    376.010 to 376.670, said value to be subject to the approval of the director of
10    the department of commerce and insurance.]
  [376.230. Any company shall have the right at any time to change the
2    securities on deposit with the director of the department of commerce and
3    insurance by substituting a like amount of the character required in the first
4    instance and to withdraw any excess of securities; and so long as such
5    company shall remain solvent, and the amount of its deposits as herein
6    required are not impaired, it may collect the interest on the securities deposited
7    as the same accrues.]
  [376.240. The securities deposited under the provisions of section
2    376.170 shall be legally transferred to the director of the department of
3    commerce and insurance, and so large an amount thereof as may be necessary
4    to equal, at all times, the net value of the outstanding registered policies and
5    annuity bonds, less such liens not exceeding such value as the company may
6    hold against them, shall be held by him in trust for the purposes of sections
7    376.010 to 376.670, until the obligations of said companies, under said
8    registered policies and annuity bonds shall, to the satisfaction of the said
9    director, be fully liquidated, cancelled or annulled.]
  [376.250. The securities deposited under section 376.170 shall be
2    deposited and kept in the same manner, but separate from other deposits of the
3    company.]
HCS SS SB 889  244
  [376.260. The director of revenue, in addition to other fees allowed by
2    law, shall be entitled to collect the following fees, including seal, from
3    companies depositing under section 376.170: For issuing certificates of
4    deposits, which he is hereby required to do, one dollar; for every other
5    certificate, including seal, the fee shall be twenty-five cents.]
  [376.270. If at any time the affairs of any life insurance company
2    which has deposited securities under section 376.170 shall, in the opinion of
3    the director, appear in such condition as to render the issuing of additional
4    policies and annuity bonds by such company injurious to the public interest,
5    the director may take the same proceedings against such company as by law
6    may be taken against other insolvent companies; and said companies shall, in
7    all respects, be subject to the provisions of law affecting other companies.]
  [376.752. Any member insurer organized under the provisions of
2    sections 376.010 to 376.670, or under any general or special laws of this state
3    and transacting business of the character designated in section 376.010, shall
4    be exempt from the provisions of section 376.170, relating to the amount
5    required to be deposited with the director equal to the net value of all policies
6    and annuity contracts; provided, however, that the extent of such exemption
7    shall be eighty percent of such net value in the calendar year during which this
8    act shall become effective, increasing by five percent for each succeeding
9    calendar year until such exemption shall be equal to one hundred percent of
10    such net value.]
  [376.1186. 1. No state-based health benefit exchange may be
2    established, created, or operated within this state in order to implement Section
3    1311 of the federal health care act, 42 U.S.C. Section 18031, or any other
4    provision of the federal health care act that relates to the creation and operation
5    of a state-based health benefit exchange, unless the authority to create or
6    operate such an exchange is enacted into law through:
7(1) A bill as prescribed by Article III of the Missouri Constitution;
8(2) An initiative petition as prescribed by Article III, Section 50 of the
9    Missouri Constitution; or
10(3) A referendum as prescribed by Article III, Section 52(a) of the
11    Missouri Constitution.
122. In no case shall the authority for establishing, administering, or
13    operating a state-based health benefit exchange in Missouri be based upon an
14    executive order issued by the governor of Missouri.
153. No department, agency, instrumentality or political subdivision of
16    the state of Missouri shall establish any program, promulgate any rule, policy,
17    guideline or plan or change any program, rule, policy or guideline to
18    implement, establish, create, administer or otherwise operate a state-based
19    health benefit exchange described in the federal health care act unless such
20    department, agency, instrumentality or political subdivision has received
21    statutory authority to do so in a manner consistent with subsection 1 of this
22    section. No department, agency, instrumentality or political subdivision of the
HCS SS SB 889  245
23    state of Missouri shall act as an eligible entity as described in Section 1311(f)
24    (3)(B) of the federal health care act to perform one or more of the
25    responsibilities of a state-based health benefit exchange unless authorized by
26    statute or a regulation validly promulgated pursuant to such statute.
274. No department, agency, instrumentality, or political subdivision of
28    this state shall apply for, accept or expend federal moneys related to the
29    creation, implementation or operation of a state-based health benefit exchange
30    or a federally facilitated health benefit exchange unless such acceptance or
31    expenditure is authorized by statute or an appropriations bill.
325. No department, agency, instrumentality, political subdivision, public
33    officer or employee of this state shall enter into any agreement or any
34    obligation to establish, administer, or operate a federally facilitated health
35    benefit exchange described in Section 1321(c)(1) of the federal health care act
36    unless such department, agency, instrumentality, political subdivision, public
37    officer or employee of this state has received statutory authority to enter into
38    such agreements or obligations. No department, agency, instrumentality,
39    political subdivision, public officer or employee of this state shall provide
40    assistance or resources of any kind to any department, agency, public official,
41    employee or agent of the federal government related to the creation or
42    operation of a federally facilitated health benefit exchange unless such
43    assistance or resources are authorized by state statute or a regulation
44    promulgated thereto or such assistance or resources are specifically required
45    by federal law.
466. Any taxpayer of this state or any member of the general assembly
47    shall have standing to bring suit against the state of Missouri or any official,
48    department, division, agency, or political subdivision of this state which is in
49    violation of this section in any court with jurisdiction to enforce the provisions
50    of this section. The court shall award attorney's fees, court costs, and all
51    reasonable expenses incurred by the taxpayer or member of the general
52    assembly if the court finds that the provisions of this section have been
53    violated. Such attorney's fees, court costs, and reasonable expenses shall be
54    paid from funds appropriated to the department, division, agency, or any
55    political subdivision of this state determined to have violated, in whole or in
56    part, the provisions of this section. In no case shall the award of attorney's
57    fees, court costs, or reasonable expenses be paid from the legal defense fund,
58    nor shall any department, division, agency, or political subdivision of this state
59    request, or be granted, additional appropriations in order to satisfy an award
60    made under this section.
617. As used in this section, the term "federal health care act" shall mean
62    the federal Patient Protection and Affordable Care Act, Public Law 111-148,
63    as amended by the federal Health Care and Education Reconciliation Act of
64    2010, Public Law 111-152, and any amendments thereto, or regulations or
65    guidance issued under such federal acts.
668. As used in this section, the term "state-based health benefit
67    exchange" means a governmental agency or nonprofit entity established by the
68    state of Missouri and not the federal government that meets the applicable
69    requirements of Section 1311 of the federal health care act and regulations
70    promulgated thereto and makes qualified health care plans available to
HCS SS SB 889  246
71    qualified individuals and qualified employers. The term "state-based health
72    benefit exchange" includes regional or other interstate exchanges and
73    subsidiary exchanges as described in Section 1311(f)(1) and (2) of the
74    federal health care act. The term "federally facilitated health benefit
75    exchange" means a health benefit exchange established and operated by the
76    Secretary of Health and Human Services under Section 1321(c)(1) of the
77    federal health care act, either directly or through agreement with a not-for-
78    profit entity.]
  [377.005. As used in this chapter, unless otherwise clearly indicated
2    by the context, the following words mean:
3(1) "Department", the department of commerce and insurance; and
4(2) "Director", the director of the department of commerce and
5    insurance.]
  [377.010. Every contract whereby a benefit is to accrue to a person or
2    persons named therein, upon the death or physical disability of a person also
3    named therein, the payment of which said benefit is in any manner or degree
4    dependent upon the collection of an assessment upon persons holding similar
5    contracts, shall be deemed a contract of insurance upon the assessment plan,
6    and the business involving the issuance of such contracts shall be carried on in
7    this state only by duly organized corporations which shall be subject to the
8    provisions and requirements of sections 377.010 to 377.190.]
  [377.020. 1. Any number of persons, not less than seven, being
2    citizens of the state of Missouri, may upon application to the circuit court of
3    the county or city in which it is proposed to locate the chief offices or place of
4    business, become a body politic or corporate under the name and style
5    designated in the application, for the purpose of doing a life or casualty, or life
6    and casualty insurance business on the assessment plan; said application shall
7    in all cases be accompanied by the articles of association, or agreements,
8    setting forth specifically the objects and purposes of the proposed corporation,
9    as well as the methods and plans by which its business shall be conducted, and
10    upon a hearing of the same, the court may grant or reject the application as it
11    may deem best.
122. If the application is granted it shall be the duty of the applicant to
13    cause a copy of said articles, with a copy of the decree of the court duly
14    certified by the clerk thereof, and by him endorsed on or attached thereto, to be
15    recorded in the office of the recorder of deeds in the county in which said
16    corporation is located and then filed in the office of the secretary of state.
173. The secretary of state shall thereupon issue to the applicants
18    aforesaid a certified copy of the said articles, with the several certificates
19    thereon, as filed in his office, which certified copy shall be the charter of
20    incorporation, and thereupon said applicants, their associates and successors,
21    shall be created and be a body politic and corporate by the corporate name as
22    aforesaid, and such charter, together with sections 377.010 to 377.190, shall be
23    received in all courts and places as legal evidence of the incorporation of the
24    said association, society or company; provided, that no decree shall be made,
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25    and no certificate of incorporation issued as aforesaid until the director of the
26    department of commerce and insurance shall certify that the proposed name of
27    the corporation is not the same and does not resemble the name of any other
28    corporations authorized to do business in this state, to the extent of misleading
29    the public, and further that the society, association or company seeking to be
30    incorporated has secured applications for not less than one hundred thousand
31    dollars