1 | 1 | | |
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2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | FIRST REGULAR SESSION |
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5 | 5 | | SENATE BILL NO. 666 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR CRAWFORD. |
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8 | 8 | | 2586S.02I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal sections 105.963, 143.611, and 209.030, RSMo, and to enact in lieu thereof three new |
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11 | 11 | | sections relating to mail sent by state entities. |
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12 | 12 | | |
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13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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14 | 14 | | Section A. Sections 105.963, 143.611, and 209.030, RSMo, 1 |
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15 | 15 | | are repealed and three new sections enacted in lieu thereof, to 2 |
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16 | 16 | | be known as sections 105.96 3, 143.611, and 209.030, to read as 3 |
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17 | 17 | | follows:4 |
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18 | 18 | | 105.963. 1. The executive director shall assess every 1 |
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19 | 19 | | committee, as defined in section 130.011, failing to file 2 |
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20 | 20 | | with a filing officer other than a local election authority 3 |
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21 | 21 | | as provided by section 130.0 26 a campaign disclosure report 4 |
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22 | 22 | | as required by chapter 130, other than the report required 5 |
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23 | 23 | | pursuant to subdivision (1) of subsection 1 of section 6 |
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24 | 24 | | 130.046, a late filing fee of ten dollars for each day after 7 |
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25 | 25 | | such report is due to the commission. The executive 8 |
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26 | 26 | | director shall [mail] send a notice[, by registered mail, ] 9 |
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27 | 27 | | to any candidate and the treasurer of any committee who 10 |
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28 | 28 | | fails to file such report informing such person of such 11 |
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29 | 29 | | failure and the fees provided by this section. If the 12 |
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30 | 30 | | candidate or treasurer of any committee persists in such 13 |
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31 | 31 | | failure for a period in excess of thirty days beyond receipt 14 |
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32 | 32 | | of such notice, the amount of the late filing fee shall 15 |
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33 | 33 | | increase to one hundred dollars for each day that the report 16 |
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34 | 34 | | is not filed, provided that the to tal amount of such fees 17 SB 666 2 |
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35 | 35 | | assessed pursuant to this subsection per report shall not 18 |
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36 | 36 | | exceed three thousand dollars. 19 |
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37 | 37 | | 2. (1) Any candidate for state or local office who 20 |
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38 | 38 | | fails to file a campaign disclosure report required pursuant 21 |
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39 | 39 | | to subdivision (1) o f subsection 1 of section 130.046, other 22 |
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40 | 40 | | than a report required to be filed with a local election 23 |
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41 | 41 | | authority as provided by section 130.026, shall be assessed 24 |
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42 | 42 | | by the executive director a late filing fee of one hundred 25 |
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43 | 43 | | dollars for each day that the repor t is not filed, until the 26 |
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44 | 44 | | first day after the date of the election. After such 27 |
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45 | 45 | | election date, the amount of such late filing fee shall 28 |
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46 | 46 | | accrue at the rate of ten dollars per day that such report 29 |
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47 | 47 | | remains unfiled, except as provided in subdivision (2) of 30 |
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48 | 48 | | this subsection. 31 |
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49 | 49 | | (2) The executive director shall [mail] send a 32 |
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50 | 50 | | notice[, by certified mail or other means to give actual 33 |
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51 | 51 | | notice,] to any candidate who fails to file the report 34 |
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52 | 52 | | described in subdivision (1) of this subsection informing 35 |
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53 | 53 | | such person of such failure and the fees provided by this 36 |
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54 | 54 | | section. If the candidate persists in such failure for a 37 |
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55 | 55 | | period in excess of thirty days beyond receipt of such 38 |
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56 | 56 | | notice, the amount of the late filing fee shall increase to 39 |
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57 | 57 | | one hundred dollars for each da y that the report is not 40 |
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58 | 58 | | filed, provided that the total amount of such fees assessed 41 |
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59 | 59 | | pursuant to this subsection per report shall not exceed six 42 |
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60 | 60 | | thousand dollars. 43 |
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61 | 61 | | 3. The executive director shall assess every person 44 |
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62 | 62 | | required to file a financial in terest statement pursuant to 45 |
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63 | 63 | | sections 105.483 to 105.492 failing to file such a financial 46 |
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64 | 64 | | interest statement with the commission a late filing fee of 47 |
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65 | 65 | | ten dollars for each day after such statement is due to the 48 |
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66 | 66 | | commission. The executive director shall [mail] send a 49 SB 666 3 |
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67 | 67 | | notice[, by certified mail, ] to any person who fails to file 50 |
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68 | 68 | | such statement informing the individual required to file of 51 |
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69 | 69 | | such failure and the fees provided by this section. If the 52 |
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70 | 70 | | person persists in such failure for a period in excess of 53 |
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71 | 71 | | thirty days beyond receipt of such notice, the amount of the 54 |
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72 | 72 | | late filing fee shall increase to one hundred dollars for 55 |
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73 | 73 | | each day thereafter that the statement is late, provided 56 |
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74 | 74 | | that the total amount of such fees assessed pursuant to this 57 |
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75 | 75 | | subsection per statement shall not exceed six thousand 58 |
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76 | 76 | | dollars. 59 |
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77 | 77 | | 4. Any person assessed a late filing fee may seek 60 |
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78 | 78 | | review of such assessment or the amount of late filing fees 61 |
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79 | 79 | | assessed, at the person's option, by filing a petition 62 |
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80 | 80 | | within fourteen days after rec eiving [actual] notice of 63 |
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81 | 81 | | assessment with the administrative hearing commission, or 64 |
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82 | 82 | | without exhausting the person's administrative remedies may 65 |
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83 | 83 | | seek review of such issues with the circuit court of Cole 66 |
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84 | 84 | | County. 67 |
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85 | 85 | | 5. The executive director of the Mis souri ethics 68 |
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86 | 86 | | commission shall collect such late filing fees as are 69 |
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87 | 87 | | provided for in this section. Unpaid late filing fees shall 70 |
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88 | 88 | | be collected by action filed by the commission. The 71 |
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89 | 89 | | commission shall contract with the appropriate entity to 72 |
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90 | 90 | | collect such late filing fees after a thirty -day 73 |
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91 | 91 | | delinquency. If not collected within one hundred twenty 74 |
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92 | 92 | | days, the Missouri ethics commission shall file a petition 75 |
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93 | 93 | | in Cole County circuit court to seek a judgment on said 76 |
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94 | 94 | | fees. All late filing fees collected pursua nt to this 77 |
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95 | 95 | | section shall be transmitted to the state treasurer and 78 |
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96 | 96 | | deposited to the general revenue fund. 79 SB 666 4 |
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97 | 97 | | 6. The late filing fees provided by this section shall 80 |
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98 | 98 | | be in addition to any penalty provided by law for violations 81 |
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99 | 99 | | of sections 105.483 to 1 05.492 or chapter 130. 82 |
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100 | 100 | | 7. If any candidate fails to file a campaign 83 |
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101 | 101 | | disclosure report in a timely manner and that candidate is 84 |
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102 | 102 | | assessed a late filing fee, the candidate, candidate 85 |
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103 | 103 | | committee treasurer or assistant treasurer may file an 86 |
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104 | 104 | | appeal of the assessment of the late filing fee with the 87 |
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105 | 105 | | commission. The commission may forgive the assessment of 88 |
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106 | 106 | | the late filing fee upon a showing of good cause. Such 89 |
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107 | 107 | | appeal shall be filed within ten days of the receipt of 90 |
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108 | 108 | | notice of the assessment of the late filing fee. 91 |
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109 | 109 | | 143.611. 1. As soon as practical after the return is 1 |
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110 | 110 | | filed, the director of revenue shall examine it to determine 2 |
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111 | 111 | | the correct amount of tax. If the director of revenue finds 3 |
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112 | 112 | | that the amount of tax shown on the return i s less than the 4 |
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113 | 113 | | correct amount, he shall notify the taxpayer of the amount 5 |
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114 | 114 | | of the deficiency proposed to be assessed. If the director 6 |
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115 | 115 | | of revenue finds that the tax paid is more than the correct 7 |
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116 | 116 | | amount, he shall credit the overpayment against any taxes 8 |
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117 | 117 | | due under sections 143.011 to 143.996 from the taxpayer and 9 |
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118 | 118 | | refund the difference. No deficiency shall be proposed and 10 |
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119 | 119 | | no refund shall be made pursuant to this or any section of 11 |
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120 | 120 | | sections 143.011 to 143.996 unless the amount exceeds one 12 |
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121 | 121 | | dollar. 13 |
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122 | 122 | | 2. If the taxpayer fails to file an income tax return, 14 |
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123 | 123 | | the director of revenue shall estimate the taxpayer's 15 |
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124 | 124 | | taxable income and the tax thereon from any available 16 |
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125 | 125 | | information and notify the taxpayer of the amount proposed 17 |
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126 | 126 | | to be assessed as in the case of a deficiency. 18 |
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127 | 127 | | 3. The notice required by subsections 1 and 2 of this 19 |
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128 | 128 | | section, hereafter referred to as a notice of deficiency, 20 SB 666 5 |
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129 | 129 | | shall set forth the reason for the proposed assessment. For 21 |
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130 | 130 | | taxpayers other than individuals, the notice of deficien cy 22 |
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131 | 131 | | shall be mailed by certified or registered mail to the 23 |
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132 | 132 | | taxpayer at his last known address or delivered 24 |
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133 | 133 | | electronically at the taxpayer's request. For taxpayers 25 |
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134 | 134 | | that are individuals, the notice of deficiency may be mailed 26 |
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135 | 135 | | by first-class mail or delivered electronically at the 27 |
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136 | 136 | | taxpayer's request. In the case of a combined return, the 28 |
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137 | 137 | | notice of deficiency may be a single combined notice except 29 |
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138 | 138 | | that if the director of revenue is notified by either spouse 30 |
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139 | 139 | | that separate residences have been establish ed he shall mail 31 |
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140 | 140 | | notices to each spouse. If the taxpayer is deceased, is 32 |
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141 | 141 | | under a legal disability, or, in the case of a corporation, 33 |
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142 | 142 | | has terminated its existence, a notice of deficiency may be 34 |
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143 | 143 | | mailed to his last known address unless the director of 35 |
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144 | 144 | | revenue has received notice of the existence and address of 36 |
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145 | 145 | | a person to receive notices with respect to such taxpayer. 37 |
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146 | 146 | | 209.030. 1. Every adult blind person, eighteen years 1 |
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147 | 147 | | of age or over, of good moral character who shall have been 2 |
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148 | 148 | | a resident of the state of Missouri for one year or more 3 |
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149 | 149 | | next preceding the time of making application for the 4 |
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150 | 150 | | pension herein provided and every adult blind person 5 |
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151 | 151 | | eighteen years of age or over who may have lost his or her 6 |
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152 | 152 | | sight while a bona fide reside nt of this state and who has 7 |
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153 | 153 | | been a continuous resident thereof since such loss of sight, 8 |
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154 | 154 | | shall be entitled to receive, when enrolled under the 9 |
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155 | 155 | | provisions of sections 209.010 to 209.160, an annual pension 10 |
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156 | 156 | | as provided for herein, payable in equal monthl y 11 |
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157 | 157 | | installments, provided, that no such person shall be 12 |
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158 | 158 | | entitled to or be paid a blind pension who: 13 |
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159 | 159 | | (1) Owns property or has an interest in property to 14 |
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160 | 160 | | the value of thirty thousand dollars or more, or if married 15 SB 666 6 |
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161 | 161 | | and actually living with husband or wife, if the value of 16 |
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162 | 162 | | his or her interest in property, together with that of such 17 |
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163 | 163 | | husband or wife, exceeds said amount; provided that, the 18 |
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164 | 164 | | first one hundred thousand dollars in an individual's ABLE 19 |
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165 | 165 | | account under sections 209.600 to 209.645 shall be ex cluded 20 |
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166 | 166 | | from such asset limit; provided, further, that in 21 |
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167 | 167 | | determining the total value of property owned, the real 22 |
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168 | 168 | | estate occupied by the blind person or spouse as the home, 23 |
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169 | 169 | | shall be excluded; 24 |
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170 | 170 | | (2) Obtains, maintains, or renews a valid driver's 25 |
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171 | 171 | | license in this or any other state or territory, unless such 26 |
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172 | 172 | | license has been relinquished to the department of revenue 27 |
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173 | 173 | | and the person provides satisfactory proof of such 28 |
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174 | 174 | | relinquishment to the department of social services. The 29 |
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175 | 175 | | department of social servi ces shall notify eligible blind 30 |
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176 | 176 | | persons with valid driver's licenses that they shall 31 |
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177 | 177 | | surrender such licenses within sixty days of approval for a 32 |
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178 | 178 | | blind pension. Upon receipt of a relinquished license under 33 |
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179 | 179 | | this subdivision, the department of revenue sh all, if 34 |
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180 | 180 | | requested by the person, issue a nondriver's license card 35 |
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181 | 181 | | compliant with the provisions of chapter 302 at no charge to 36 |
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182 | 182 | | the person. The department of social services and the 37 |
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183 | 183 | | department of revenue shall jointly establish procedures and 38 |
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184 | 184 | | shall share any information necessary to implement this 39 |
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185 | 185 | | subdivision; 40 |
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186 | 186 | | (3) Operates a motor vehicle with or without a valid 41 |
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187 | 187 | | driver's license; 42 |
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188 | 188 | | (4) Has a sighted spouse resident in this state who 43 |
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189 | 189 | | upon the investigation of the family support division may be 44 |
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190 | 190 | | found to be able to provide for the reasonable support of 45 |
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191 | 191 | | such applicant if the sighted spouse's annual income is 46 SB 666 7 |
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192 | 192 | | equal to or greater than five hundred percent of the federal 47 |
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193 | 193 | | poverty level for each state fiscal year; 48 |
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194 | 194 | | (5) Publicly solicits alm s in any manner or through 49 |
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195 | 195 | | any artifice in any part of this state; 50 |
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196 | 196 | | (6) Is maintained in a private or endowed institution 51 |
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197 | 197 | | or is an inmate of a public institution, except as a patient 52 |
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198 | 198 | | in a public medical institution; provided, that benefits 53 |
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199 | 199 | | shall not be paid to a blind person under sixty -five years 54 |
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200 | 200 | | of age, who is a patient in an institution for mental 55 |
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201 | 201 | | diseases or tuberculosis. In order to comply with federal 56 |
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202 | 202 | | laws and regulations and state plans in making payments to 57 |
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203 | 203 | | or on behalf of mentally ill individuals sixty-five years of 58 |
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204 | 204 | | age, or over, who are patients in a state mental 59 |
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205 | 205 | | institution, the family support division shall require 60 |
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206 | 206 | | agreements or other arrangements with the institution to 61 |
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207 | 207 | | provide a framework for cooperation and to assure that sta te 62 |
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208 | 208 | | plan requirements and federal laws and regulations relating 63 |
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209 | 209 | | to such payment will be observed. In the event the federal 64 |
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210 | 210 | | laws or regulations will not permit approval of the state 65 |
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211 | 211 | | plan for benefit payments to or on behalf of an individual 66 |
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212 | 212 | | who is sixty-five years of age, or over, and is a patient in 67 |
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213 | 213 | | a state institution for mental diseases, this portion of 68 |
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214 | 214 | | this subdivision shall be inoperative until approval of a 69 |
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215 | 215 | | state plan is obtained; 70 |
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216 | 216 | | (7) Is otherwise not blind and not eligible for a 71 |
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217 | 217 | | blind pension under this chapter; or 72 |
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218 | 218 | | (8) Pleads guilty or has been found to have violated 73 |
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219 | 219 | | section 209.140. 74 |
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220 | 220 | | 2. Any applicant for or any recipient of a blind 75 |
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221 | 221 | | pension who does not submit, without good cause or as 76 |
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222 | 222 | | otherwise specified by the department of social services, to 77 |
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223 | 223 | | a vision test as required under section 209.040 within 78 SB 666 8 |
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224 | 224 | | thirty days of a request by the department shall not be 79 |
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225 | 225 | | eligible for a blind pension and the department shall 80 |
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226 | 226 | | terminate payment after notice and an opportunity for a 81 |
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227 | 227 | | hearing. 82 |
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228 | 228 | | 3. The applicant for or recipient of a blind pension 83 |
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229 | 229 | | shall inform the department of any change of address or 84 |
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230 | 230 | | other contact information and any other change of 85 |
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231 | 231 | | circumstances that may impact the applicant or recipient's 86 |
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232 | 232 | | eligibility for a blind pe nsion within ten days of the 87 |
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233 | 233 | | change. Any notice served on the applicant or recipient 88 |
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234 | 234 | | shall be sent by [certified] mail delivered by the United 89 |
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235 | 235 | | States Postal Service at the applicant's or recipient's 90 |
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236 | 236 | | address of record and shall be deemed service for al l 91 |
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237 | 237 | | purposes under sections 209.010 to 209.160 , except that for 92 |
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238 | 238 | | any notice of adverse actions being taken against the 93 |
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239 | 239 | | applicant or recipient to be deemed service for all purposes 94 |
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240 | 240 | | under sections 209.010 to 209.160, such notice shall also be 95 |
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241 | 241 | | sent by certified mail delivered by the United States Postal 96 |
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242 | 242 | | Service at the applicant's or recipient's address of 97 |
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243 | 243 | | record. Adverse actions shall include, but are not limited 98 |
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244 | 244 | | to, setting a hearing date, terminating payments, and other 99 |
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245 | 245 | | significant actions the departm ent can take against the 100 |
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246 | 246 | | applicant or recipient under sections 209.010 to 209.160 . 101 |
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