Missouri 2025 Regular Session

Missouri Senate Bill SB722 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 722
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR COLEMAN.
8	8	2908S.02I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 8.900, 109.005, 161.410, 191.905, 210.102, 253.092, 253.120, 253.380,
11	11	261.275, 265.180, 348.409, 444.810, 640.740, and 700.041, RSMo, and to enact in lieu
12	12	thereof fifteen new sections relating to funds in the state treasury, with penalty
13	13	provisions.
14	14
15	15	Be it enacted by the General Assembly of the State of Missouri, as follows:
16	16	Section A. Sections 8.9 00, 109.005, 161.410, 191.905, 1
17	17	210.102, 253.092, 253.120, 253.380, 261.275, 265.180, 348.409, 2
18	18	444.810, 640.740, and 700.041, RSMo, are repealed and fifteen 3
19	19	new sections enacted in lieu thereof, to be known as sections 4
20	20	8.900, 33.082, 109.005, 161.410, 191.9 05, 210.102, 253.092, 5
21	21	253.120, 253.380, 261.275, 265.180, 348.409, 444.810, 640.740, 6
22	22	and 700.041, to read as follows:7
23	23	8.900. 1. A permanent memorial for workers who were 1
24	24	killed on the job in Missouri or who suffered an on -the-job 2
25	25	injury that resulted in a permanent disability shall be 3
26	26	established and located on the grounds of the state capitol. 4
27	27	2. There is hereby established in the state treasury 5
28	28	the "Workers Memorial Fund". Gifts, grants and devises may 6
29	29	be deposited in the workers memor ial fund. [Notwithstanding 7
30	30	the provisions of section 33.080, moneys in the fund shall 8
31	31	not revert to general revenue. ] The state treasurer shall 9
32	32	invest the moneys from the fund in the same manner as other 10
33	33	state funds are invested. Interest accruing to the fund 11 SB 722 2
34	34	shall be deposited in the fund and shall not be transferred 12
35	35	to the general revenue fund. 13
36	36	33.082. The state treasurer shall, by no later than 1
37	37	December thirty-first of each year, submit a report to the 2
38	38	general assembly deta iling each fund established in the 3
39	39	state treasury from which a disbursement has not been made 4
40	40	during the five year period ending on June thirtieth of such 5
41	41	year, and whether or not any remaining moneys in such funds 6
42	42	have been transferred to the general revenue fund pursuant 7
43	43	to section 33.080. 8
44	44	109.005. 1. There is hereby established in the state 1
45	45	treasury a special fund to be known as the "State Document 2
46	46	Preservation Fund". The fund shall consist of all moneys 3
47	47	received from gifts, bequests, or contributions for the 4
48	48	specific purpose of preserving legal, historical and 5
49	49	genealogical materials and making them available to the 6
50	50	public. 7
51	51	2. The state treasurer shall invest moneys in the 8
52	52	state document preservation fund in the sam e manner as 9
53	53	surplus state funds are invested pursuant to section 10
54	54	30.260. All earnings which result from the investment of 11
55	55	moneys in the state document preservation fund shall be 12
56	56	credited to the fund. 13
57	57	[3. Any unexpended balance in the state docum ent 14
58	58	preservation fund at the end of any appropriation period 15
59	59	shall not be transferred to the general revenue fund of the 16
60	60	state treasury and, accordingly, shall be exempt from the 17
61	61	provisions of section 33.080 relating to the transfer of 18
62	62	funds to the general revenue fund of the state treasury. ] 19
63	63	161.410. [1.] The executive director of the Missouri 1
64	64	commission for the deaf and hard of hearing shall administer 2
65	65	a revolving fund to be known as the "Missouri Commission for 3 SB 722 3
66	66	the Deaf and Hard of Hearing Fund" which is hereby 4
67	67	established in the state treasury. The fund shall consist 5
68	68	of appropriations made by the general assembly, any gifts, 6
69	69	contributions, grants, or bequests received from federal, 7
70	70	private, or other sources, and moneys t ransferred or paid to 8
71	71	the commission in return for goods and services provided by 9
72	72	the commission to any governmental entity or the public. 10
73	73	The state treasurer shall approve all disbursements from the 11
74	74	fund for the purchase of goods or services at the r equest of 12
75	75	the executive director of the commission. 13
76	76	[2. Notwithstanding the provisions of section 33.080 14
77	77	to the contrary, moneys in the fund shall not revert to the 15
78	78	credit of the general revenue fund. ] 16
79	79	191.905. 1. No health care provider shall knowingly 1
80	80	make or cause to be made a false statement or false 2
81	81	representation of a material fact in order to receive a 3
82	82	health care payment, including but not limited to: 4
83	83	(1) Knowingly presenting to a health care payer a 5
84	84	claim for a health care payment that falsely represents that 6
85	85	the health care for which the health care payment is claimed 7
86	86	was medically necessary, if in fact it was not; 8
87	87	(2) Knowingly concealing the occurrence of any event 9
88	88	affecting an initial or continued right under a medical 10
89	89	assistance program to have a health care payment made by a 11
90	90	health care payer for providing health care; 12
91	91	(3) Knowingly concealing or failing to disclose any 13
92	92	information with the intent to obtain a health care payment 14
93	93	to which the health care provider or any other health care 15
94	94	provider is not entitled, or to obtain a health care payment 16
95	95	in an amount greater than that which the health care 17
96	96	provider or any other health care provider is entitled; 18 SB 722 4
97	97	(4) Knowingly presenting a claim to a health care 19
98	98	payer that falsely indicates that any particular health care 20
99	99	was provided to a person or persons, if in fact health care 21
100	100	of lesser value than that described in the claim was 22
101	101	provided. 23
102	102	2. No person shall knowingly solicit or receive any 24
103	103	remuneration, including any kickback, bribe, or rebate, 25
104	104	directly or indirectly, overtly or covertly, in cash or in 26
105	105	kind in return for: 27
106	106	(1) Referring another person to a health care provider 28
107	107	for the furnishing or arranging for the f urnishing of any 29
108	108	health care; or 30
109	109	(2) Purchasing, leasing, ordering or arranging for or 31
110	110	recommending purchasing, leasing or ordering any health care. 32
111	111	3. No person shall knowingly offer or pay any 33
112	112	remuneration, including any kickback, bribe, o r rebate, 34
113	113	directly or indirectly, overtly or covertly, in cash or in 35
114	114	kind, to any person to induce such person to refer another 36
115	115	person to a health care provider for the furnishing or 37
116	116	arranging for the furnishing of any health care. 38
117	117	4. Subsections 2 and 3 of this section shall not apply 39
118	118	to a discount or other reduction in price obtained by a 40
119	119	health care provider if the reduction in price is properly 41
120	120	disclosed and appropriately reflected in the claim made by 42
121	121	the health care provider to the healt h care payer, or any 43
122	122	amount paid by an employer to an employee for employment in 44
123	123	the provision of health care. 45
124	124	5. Exceptions to the provisions of subsections 2 and 3 46
125	125	of this section shall be provided for as authorized in 42 47
126	126	U.S.C. Section 1320a -7b(3)(E), as may be from time to time 48
127	127	amended, and regulations promulgated pursuant thereto. 49 SB 722 5
128	128	6. No person shall knowingly abuse a person receiving 50
129	129	health care. 51
130	130	7. A person who violates subsections 1 to 3 of this 52
131	131	section is guilty of a class D felony upon his or her first 53
132	132	conviction, and shall be guilty of a class B felony upon his 54
133	133	or her second and subsequent convictions. Any person who 55
134	134	has been convicted of such violations shall be referred to 56
135	135	the Office of Inspector General within the U nited States 57
136	136	Department of Health and Human Services. The person so 58
137	137	referred shall be subject to the penalties provided for 59
138	138	under 42 U.S.C. Chapter 7, Subchapter XI, Section 1320a -7. 60
139	139	A prior conviction shall be pleaded and proven as provided 61
140	140	by section 558.021. A person who violates subsection 6 of 62
141	141	this section shall be guilty of a class D felony, unless the 63
142	142	act involves no physical, sexual or emotional harm or injury 64
143	143	and the value of the property involved is less than five 65
144	144	hundred dollars, in w hich event a violation of subsection 6 66
145	145	of this section is a class A misdemeanor. 67
146	146	8. Any natural person who willfully prevents, 68
147	147	obstructs, misleads, delays, or attempts to prevent, 69
148	148	obstruct, mislead, or delay the communication of information 70
149	149	or records relating to a violation of sections 191.900 to 71
150	150	191.910 is guilty of a class E felony. 72
151	151	9. Each separate false statement or false 73
152	152	representation of a material fact proscribed by subsection 1 74
153	153	of this section or act proscribed by subsection 2 or 3 of 75
154	154	this section shall constitute a separate offense and a 76
155	155	separate violation of this section, whether or not made at 77
156	156	the same or different times, as part of the same or separate 78
157	157	episodes, as part of the same scheme or course of conduct, 79
158	158	or as part of the same claim. 80 SB 722 6
159	159	10. In a prosecution pursuant to subsection 1 of this 81
160	160	section, circumstantial evidence may be presented to 82
161	161	demonstrate that a false statement or claim was knowingly 83
162	162	made. Such evidence of knowledge may include but shall not 84
163	163	be limited to the following: 85
164	164	(1) A claim for a health care payment submitted with 86
165	165	the health care provider's actual, facsimile, stamped, 87
166	166	typewritten or similar signature on the claim for health 88
167	167	care payment; 89
168	168	(2) A claim for a health care payme nt submitted by 90
169	169	means of computer billing tapes or other electronic means; 91
170	170	(3) A course of conduct involving other false claims 92
171	171	submitted to this or any other health care payer. 93
172	172	11. Any person convicted of a violation of this 94
173	173	section, in addition to any fines, penalties or sentences 95
174	174	imposed by law, shall be required to make restitution to the 96
175	175	federal and state governments, in an amount at least equal 97
176	176	to that unlawfully paid to or by the person, and shall be 98
177	177	required to reimburse the reaso nable costs attributable to 99
178	178	the investigation and prosecution pursuant to sections 100
179	179	191.900 to 191.910. All of such restitution shall be paid 101
180	180	and deposited to the credit of the "MO HealthNet Fraud 102
181	181	Reimbursement Fund", which is hereby established in the 103
182	182	state treasury. Moneys in the MO HealthNet fraud 104
183	183	reimbursement fund shall be divided and appropriated to the 105
184	184	federal government and affected state agencies in order to 106
185	185	refund moneys falsely obtained from the federal and state 107
186	186	governments. All of such cost reimbursements attributable 108
187	187	to the investigation and prosecution shall be paid and 109
188	188	deposited to the credit of the "MO HealthNet Fraud 110
189	189	Prosecution Revolving Fund", which is hereby established in 111
190	190	the state treasury. Moneys in the MO HealthNet fr aud 112 SB 722 7
191	191	prosecution revolving fund may be appropriated to the 113
192	192	attorney general, or to any prosecuting or circuit attorney 114
193	193	who has successfully prosecuted an action for a violation of 115
194	194	sections 191.900 to 191.910 and been awarded such costs of 116
195	195	prosecution, in order to defray the costs of the attorney 117
196	196	general and any such prosecuting or circuit attorney in 118
197	197	connection with their duties provided by sections 191.900 to 119
198	198	191.910. No moneys shall be paid into the MO HealthNet 120
199	199	fraud protection revolving fund pu rsuant to this subsection 121
200	200	unless the attorney general or appropriate prosecuting or 122
201	201	circuit attorney shall have commenced a prosecution pursuant 123
202	202	to this section, and the court finds in its discretion that 124
203	203	payment of attorneys' fees and investigative co sts is 125
204	204	appropriate under all the circumstances, and the attorney 126
205	205	general and prosecuting or circuit attorney shall prove to 127
206	206	the court those expenses which were reasonable and necessary 128
207	207	to the investigation and prosecution of such case, and the 129
208	208	court approves such expenses as being reasonable and 130
209	209	necessary. Any moneys remaining in the MO HealthNet fraud 131
210	210	reimbursement fund after division and appropriation to the 132
211	211	federal government and affected state agencies shall be used 133
212	212	to increase MO HealthNet pr ovider reimbursement until it is 134
213	213	at least one hundred percent of the Medicare provider 135
214	214	reimbursement rate for comparable services. [The provisions 136
215	215	of section 33.080 notwithstanding, moneys in the MO 137
216	216	HealthNet fraud prosecution revolving fund shall not lapse 138
217	217	at the end of the biennium. ] 139
218	218	12. A person who violates subsections 1 to 3 of this 140
219	219	section shall be liable for a civil penalty of not less than 141
220	220	five thousand dollars and not more than ten thousand dollars 142
221	221	for each separate act in violation of such subsections, plus 143
222	222	three times the amount of damages which the state and 144 SB 722 8
223	223	federal government sustained because of the act of that 145
224	224	person, except that the court may assess not more than two 146
225	225	times the amount of damages which the state and federal 147
226	226	government sustained because of the act of the person, if 148
227	227	the court finds: 149
228	228	(1) The person committing the violation of this 150
229	229	section furnished personnel employed by the attorney general 151
230	230	and responsible for investigating violations of sections 152
231	231	191.900 to 191.910 with all information known to such person 153
232	232	about the violation within thirty days after the date on 154
233	233	which the defendant first obtained the information; 155
234	234	(2) Such person fully cooperated with any government 156
235	235	investigation of such violati on; and 157
236	236	(3) At the time such person furnished the personnel of 158
237	237	the attorney general with the information about the 159
238	238	violation, no criminal prosecution, civil action, or 160
239	239	administrative action had commenced with respect to such 161
240	240	violation, and the pe rson did not have actual knowledge of 162
241	241	the existence of an investigation into such violation. 163
242	242	13. Upon conviction pursuant to this section, the 164
243	243	prosecution authority shall provide written notification of 165
244	244	the conviction to all regulatory or discipli nary agencies 166
245	245	with authority over the conduct of the defendant health care 167
246	246	provider. 168
247	247	14. The attorney general may bring a civil action 169
248	248	against any person who shall receive a health care payment 170
249	249	as a result of a false statement or false representa tion of 171
250	250	a material fact made or caused to be made by that person. 172
251	251	The person shall be liable for up to double the amount of 173
252	252	all payments received by that person based upon the false 174
253	253	statement or false representation of a material fact, and 175
254	254	the reasonable costs attributable to the prosecution of the 176 SB 722 9
255	255	civil action. All such restitution shall be paid and 177
256	256	deposited to the credit of the MO HealthNet fraud 178
257	257	reimbursement fund, and all such cost reimbursements shall 179
258	258	be paid and deposited to the credit of the MO HealthNet 180
259	259	fraud prosecution revolving fund. No reimbursement of such 181
260	260	costs attributable to the prosecution of the civil action 182
261	261	shall be made or allowed except with the approval of the 183
262	262	court having jurisdiction of the civil action. No civil 184
263	263	action provided by this subsection shall be brought if 185
264	264	restitution and civil penalties provided by subsections 11 186
265	265	and 12 of this section have been previously ordered against 187
266	266	the person for the same cause of action. 188
267	267	15. Any person who discovers a vio lation by himself or 189
268	268	herself or such person's organization and who reports such 190
269	269	information voluntarily before such information is public or 191
270	270	known to the attorney general shall not be prosecuted for a 192
271	271	criminal violation. 193
272	272	210.102. 1. There is hereby established within the 1
273	273	department of elementary and secondary education the 2
274	274	"Coordinating Board for Early Childhood", which shall 3
275	275	constitute a body corporate and politic, and shall include, 4
276	276	but not be limited to, the following members : 5
277	277	(1) A representative from the governor's office; 6
278	278	(2) A representative from each of the following 7
279	279	departments: health and senior services, mental health, 8
280	280	social services, and elementary and secondary education; 9
281	281	(3) A representative of the judiciary; 10
282	282	(4) A representative of the family and community trust 11
283	283	board (FACT); 12
284	284	(5) A representative from the head start program; and 13
285	285	(6) Nine members appointed by the governor with the 14
286	286	advice and consent of the senate who are repre sentatives of 15 SB 722 10
287	287	the groups, such as business, philanthropy, civic groups, 16
288	288	faith-based organizations, parent groups, advocacy 17
289	289	organizations, early childhood service providers, and other 18
290	290	stakeholders. 19
291	291	The coordinating board may make all rules it deems nece ssary 20
292	292	to enable it to conduct its meetings, elect its officers, 21
293	293	and set the terms and duties of its officers. The 22
294	294	coordinating board shall elect from amongst its members a 23
295	295	chairperson, vice chairperson, a secretary -reporter, and 24
296	296	such other officers a s it deems necessary. Members of the 25
297	297	board shall serve without compensation but may be reimbursed 26
298	298	for actual expenses necessary to the performance of their 27
299	299	official duties for the board. 28
300	300	2. The coordinating board for early childhood shall 29
301	301	have the power to: 30
302	302	(1) Develop a comprehensive statewide long -range 31
303	303	strategic plan for a cohesive early childhood system; 32
304	304	(2) Confer with public and private entities for the 33
305	305	purpose of promoting and improving the development of 34
306	306	children from birth through age five of this state; 35
307	307	(3) Identify legislative recommendations to improve 36
308	308	services for children from birth through age five; 37
309	309	(4) Promote coordination of existing services and 38
310	310	programs across public and private entities; 39
311	311	(5) Promote research-based approaches to services and 40
312	312	ongoing program evaluation; 41
313	313	(6) Identify service gaps and advise public and 42
314	314	private entities on methods to close such gaps; 43
315	315	(7) Apply for and accept gifts, grants, 44
316	316	appropriations, loans, or co ntributions to the coordinating 45
317	317	board for early childhood fund from any source, public or 46 SB 722 11
318	318	private, and enter into contracts or other transactions with 47
319	319	any federal or state agency, any private organizations, or 48
320	320	any other source in furtherance of the pur pose of subsection 49
321	321	1 of this section and this subsection, and take any and all 50
322	322	actions necessary to avail itself of such aid and 51
323	323	cooperation; 52
324	324	(8) Direct disbursements from the coordinating board 53
325	325	for early childhood fund as provided in this sectio n; 54
326	326	(9) Administer the coordinating board for early 55
327	327	childhood fund and invest any portion of the moneys not 56
328	328	required for immediate disbursement in obligations of the 57
329	329	United States or any agency or instrumentality of the United 58
330	330	States, in obligatio ns of the state of Missouri and its 59
331	331	political subdivisions, in certificates of deposit and time 60
332	332	deposits, or other obligations of banks and savings and loan 61
333	333	associations, or in such other obligations as may be 62
334	334	prescribed by the board; 63
335	335	(10) Purchase, receive, take by grant, gift, devise, 64
336	336	bequest or otherwise, lease, or otherwise acquire, own, 65
337	337	hold, improve, employ, use, and otherwise deal with real or 66
338	338	personal property or any interests therein, wherever 67
339	339	situated; 68
340	340	(11) Sell, convey, lease, exchange, transfer or 69
341	341	otherwise dispose of all or any of its property or any 70
342	342	interest therein, wherever situated; 71
343	343	(12) Employ and fix the compensation of an executive 72
344	344	director and such other agents or employees as it considers 73
345	345	necessary; 74
346	346	(13) Adopt, alter, or repeal by its own bylaws, rules, 75
347	347	and regulations governing the manner in which its business 76
348	348	may be transacted; 77
349	349	(14) Adopt and use an official seal; 78 SB 722 12
350	350	(15) Assess or charge fees as the board determines to 79
351	351	be reasonable to carry out its purposes; 80
352	352	(16) Make all expenditures which are incident and 81
353	353	necessary to carry out its purposes; 82
354	354	(17) Sue and be sued in its official name; 83
355	355	(18) Take such action, enter into such agreements, and 84
356	356	exercise all functions neces sary or appropriate to carry out 85
357	357	the duties and purposes set forth in this section. 86
358	358	3. There is hereby created the "Coordinating Board for 87
359	359	Early Childhood Fund" which shall consist of the following: 88
360	360	(1) Any moneys appropriated by the general assembly 89
361	361	for use by the board in carrying out the powers set out in 90
362	362	subsections 1 and 2 of this section; 91
363	363	(2) Any moneys received from grants or which are 92
364	364	given, donated, or contributed to the fund from any source; 93
365	365	(3) Any moneys received as fees authorized under 94
366	366	subsections 1 and 2 of this section; 95
367	367	(4) Any moneys received as interest on deposits or as 96
368	368	income on approved investments of the fund; 97
369	369	(5) Any moneys obtained from any other available 98
370	370	source. 99
371	371	[Notwithstanding the provis ions of section 33.080 to the 100
372	372	contrary, any moneys remaining in the coordinating board for 101
373	373	early childhood fund at the end of the biennium shall not 102
374	374	revert to the credit of the general revenue fund. ] 103
375	375	253.092. 1. There is hereby crea ted in the state 1
376	376	treasury the "Arrow Rock State Historic Site Endowment 2
377	377	Fund". The fund shall be administered by the Missouri 3
378	378	department of natural resources. All moneys, funds, or 4
379	379	other assets acquired for purposes of this section shall be 5
380	380	deposited with the state treasurer to the credit of the 6 SB 722 13
381	381	fund. All income, interest, rights, or rent earned through 7
382	382	the operation of the fund shall also be credited to the 8
383	383	fund. All other property, real and personal, acquired 9
384	384	through any grant, gift, donation , devise, or bequest 10
385	385	specified for the Arrow Rock state historic site endowment 11
386	386	fund for purposes stated in this section shall also be 12
387	387	deposited in the fund. The original bequest of Bill and 13
388	388	Cora Lee Miller made in the amount of twenty -one thousand 14
389	389	nine hundred sixty-five dollars and ninety -two cents to the 15
390	390	state park earnings fund is hereby transferred into the 16
391	391	Arrow Rock state historic site endowment fund. 17
392	392	2. The Arrow Rock state historic site endowment fund 18
393	393	shall be used for the enhancemen t of Arrow Rock state 19
394	394	historic site's public interpretive programs, and may be 20
395	395	used by the Missouri department of natural resources for the 21
396	396	preparation of museum exhibits, acquisition of artifacts, 22
397	397	publication of information, payment of fees for exhibi ts or 23
398	398	lectures, or other similar interpretive needs at Arrow Rock 24
399	399	state historic site and for no other purpose. 25
400	400	3. The state treasurer shall be the custodian of all 26
401	401	moneys, bonds, securities, or interests and rights therein 27
402	402	deposited in the state treasury to the credit of the Arrow 28
403	403	Rock state historic site endowment fund and shall invest the 29
404	404	moneys in the fund in a manner as provided by law. 30
405	405	4. Until January 1, 2100, the Missouri department of 31
406	406	natural resources may annually expend an amou nt equal to one- 32
407	407	half of the interest earned by the Arrow Rock state historic 33
408	408	site endowment fund in the immediately preceding fiscal year 34
409	409	for the purposes stated in this section. Beginning January 35
410	410	1, 2100, and thereafter the Missouri department of nat ural 36
411	411	resources may annually expend an amount equal to the 37
412	412	interest earned by the Arrow Rock state historic site 38 SB 722 14
413	413	endowment fund in the immediately preceding fiscal year, for 39
414	414	the purposes stated in this section. 40
415	415	5. Funds from the Arrow Rock state h istoric site 41
416	416	endowment fund shall be expended only upon appropriation by 42
417	417	the general assembly. [Notwithstanding the provisions of 43
418	418	section 33.080 to the contrary, funds appropriated, but not 44
419	419	expended by the end of the fiscal year, shall revert to the 45
420	420	Arrow Rock state historic site endowment fund. ] 46
421	421	253.120. 1. The endowment fund authorized by section 1
422	422	2, Laws of Missouri 1925, page 136, shall be maintained by 2
423	423	the department of natural resources as a permanent endowment 3
424	424	for the maintenance of the Confederate Memorial Park. The 4
425	425	department of natural resources may accept gifts, donations, 5
426	426	or bequests for the maintenance of the memorial park and for 6
427	427	the endowment fund until the fund reaches the sum of seventy - 7
428	428	five thousand dollars . The department of natural resources 8
429	429	may sell, convey or otherwise convert into money any 9
430	430	property received and shall invest all moneys of the 10
431	431	endowment fund and use the income therefrom for the 11
432	432	maintenance of the park, but the principal shall remain 12
433	433	intact as a permanent endowment fund. 13
434	434	2. Notwithstanding any provision of law to the 14
435	435	contrary, any moneys remaining in the endowment fund as of 15
436	436	June 30, 2026, shall be transferred to the general revenue 16
437	437	fund pursuant to section 33.080. 17
438	438	253.380. 1. The state of Missouri may accept in trust 1
439	439	a sum of money or other valuable assets to be held for a 2
440	440	period of one hundred years in interest -bearing investments 3
441	441	as a permanent endowment fund for the benefit and 4
442	442	development of the Pansy Johnson -Travis Memorial State 5
443	443	Gardens. There is hereby created the "Pansy Johnson -Travis 6
444	444	Memorial State Gardens Trust Fund" in the state treasury. 7 SB 722 15
445	445	All money, funds, and securities given, bequested, or 8
446	446	devised to the state of Missouri by Miss Pansy Johnson for 9
447	447	the benefit of the Pansy Johnson -Travis Memorial State 10
448	448	Gardens and all other property, real and personal, acquired 11
449	449	through any grant, gift, donation, devise or bequest to or 12
450	450	for the use of the state of Missouri for such purpos e shall 13
451	451	be deposited in the Pansy Johnson -Travis Memorial State 14
452	452	Gardens trust fund as a permanent endowment. All income, 15
453	453	interest, rights or rent earned through the operation of the 16
454	454	fund shall also be credited to the fund. The money, bonds, 17
455	455	and other securities of the fund shall be kept safely 18
456	456	invested for a period of one hundred years after receipt of 19
457	457	the first payment or installment into the fund so as to earn 20
458	458	a reasonable return. The state treasurer shall select such 21
459	459	investments as are permit ted by the laws of Missouri and 22
460	460	shall make such investments as he deems reasonable and 23
461	461	prudent. 24
462	462	2. Upon the expiration of one hundred years from the 25
463	463	date of the receipt of the first payment or receipt into the 26
464	464	Pansy Johnson-Travis Memorial State Gardens trust fund, the 27
465	465	governor of the state of Missouri shall designate the 28
466	466	appropriate state agency to utilize the money in the fund to 29
467	467	establish, develop and maintain the Pansy Johnson -Travis 30
468	468	Memorial State Gardens. The Pansy Johnson-Travis Memorial 31
469	469	State Gardens shall be in the nature of a permanent place of 32
470	470	natural beauty and recreation and may take the form of a 33
471	471	botanical garden, flower garden or fountain park. The Pansy 34
472	472	Johnson-Travis Memorial State Gardens shall be located east 35
473	473	of the Gasconade River in that area of the state which was 36
474	474	Maries County as it existed in 1985 as described in section 37
475	475	46.111, as such section existed on August 13, 1986. 38 SB 722 16
476	476	3. The Pansy Johnson-Travis Memorial State Gardens 39
477	477	shall be designed as a place of be auty utilizing flowers, 40
478	478	shrubs, and trees to include scenic pathways and rest areas 41
479	479	but shall not contain playgrounds, campgrounds, cooking 42
480	480	facilities, or other physical recreational facilities 43
481	481	normally found in state parks and recreational areas. A 44
482	482	suitable marker shall be installed in the gardens 45
483	483	identifying the area as follows: 46
484	484	4. The state treasurer shall be the custodian of all 54
485	485	money, bonds, securities or interests and rights therein 55
486	486	deposited in the Pansy Johnson -Travis Memorial State Gardens 56
487	487	trust fund and he and his sureties are responsible for his 57
488	488	official bond for the faithful performance of his duties in 58
489	489	the safekeeping of all money or property in the fund. 59
490	490	5. Eighty-five years after the date of the receipt of 60
491	491	the first payment or receipt into the Pansy Johnson -Travis 61
492	492	Memorial State Gardens trust fund, the governor shall 62
493	493	appoint a planning board to begin planning and development 63
494	494	of the Pansy Johnson-Travis Memorial State Gardens, 64
495	495	including the advance acquisition of land, but the actual 65
496	496	construction of the gardens shall not commence until the 66
497	497	expiration of one hundred years after the date of the 67
498	498	receipt of the first payment or receipt into the trust 68
499	499	47 Pansy Johnson-Travis Memorial State Gardens
500	500	48 dedicated to the residents of
501	501	49 Maries County, Missouri.
502	502	50 In memory of
503	503	51 Martin V. Johnson Malissie Travis Palmer
504	504	52 Ina Travis Johnson William James Travis
505	505	53 Ora Johnson Klein Jesse Hall Travis SB 722 17
506	506	fund. The board shall consist of the state treasurer or his 69
507	507	designee, the person responsible for the operation of the 70
508	508	state park program or his designee, and three citizens of 71
509	509	this state who are residents of the area in which the Pansy 72
510	510	Johnson-Travis Memorial State Gardens will be located as 73
511	511	provided in subsection 2 of this section. 74
512	512	6. Funds for the Pansy Johnson -Travis Memorial State 75
513	513	trust fund shall be expended only upon appropriation by the 76
514	514	general assembly. 77
515	515	7. Notwithstanding any provision of law to the 78
516	516	contrary, any moneys remaining in the trust fund established 79
517	517	pursuant to this section as of June 30, 2026, shall be 80
518	518	transferred to the general revenue fund pursuant to section 81
519	519	33.080. 82
520	520	261.275. 1. There is hereby created in the state 1
521	521	treasury the "Missouri Dairy Industry Revitalization Fund", 2
522	522	which shall consist of moneys appropriated to the fund. The 3
523	523	state treasurer shall be custodian of the fund. In 4
524	524	accordance with sections 30.170 and 30 .180, the state 5
525	525	treasurer may approve disbursements of the fund. Upon 6
526	526	appropriation by the general assembly, moneys in the fund 7
527	527	shall be used solely to enhance and improve Missouri's dairy 8
528	528	and dairy processing industries in the manner provided for 9
529	529	in sections 261.270 to 261.295. [Notwithstanding the 10
530	530	provisions of section 33.080 to the contrary, any moneys 11
531	531	remaining in the fund at the end of the biennium shall not 12
532	532	revert to the credit of the general revenue fund. ] The 13
533	533	state treasurer shall invest moneys in the fund in the same 14
534	534	manner as other funds are invested. Any interest and moneys 15
535	535	earned on such investments shall be credited to the fund. 16
536	536	2. Moneys appropriated from the general revenue fund 17
537	537	to the Missouri dairy industry revitalizati on fund shall not 18 SB 722 18
538	538	exceed forty percent of the estimated sales tax revenue 19
539	539	generated in the state from the sale of dairy products 20
540	540	during the preceding fiscal year, calculated under 21
541	541	subsection 3 of this section, and shall be expended in the 22
542	542	following order of priority: 23
543	543	(1) First, to the dairy producer margin insurance 24
544	544	premium assistance program created under section 261.280; 25
545	545	(2) Second, to the Missouri dairy scholars program 26
546	546	created under section 261.285; and 27
547	547	(3) Third, to the commerc ial agriculture program 28
548	548	created under section 261.290. 29
549	549	3. Each fiscal year the University of Missouri shall 30
550	550	conduct research, or contract with an independent research 31
551	551	company to conduct research, to determine the estimated 32
552	552	sales tax revenue gener ated in the state from the sale of 33
553	553	dairy products. The cost for such calculation shall be paid 34
554	554	out of the Missouri dairy industry revitalization fund. The 35
555	555	estimated sales tax revenue generated in the state from the 36
556	556	sale of dairy products shall be pro vided to the department 37
557	557	of agriculture by October first of each year. 38
558	558	265.180. 1. All moneys received by the director under 1
559	559	the provisions of section 265.150 shall be paid to the state 2
560	560	treasurer to be credited to the "Apple Merchand ising Fund" 3
561	561	which is hereby created. 4
562	562	2. All moneys credited to the apple merchandising fund 5
563	563	shall be appropriated by the general assembly only for the 6
564	564	purposes as herein set forth, to be used exclusively for the 7
565	565	administration and enforcement of sections 265.130 to 8
566	566	265.210, including the collection of fees, the payment for 9
567	567	personal services and expenses of employees and agents of 10
568	568	the director, and the payment of rent, services, materials 11 SB 722 19
569	569	and supplies necessary to effectuate the purposes and ob ject 12
570	570	of sections 265.130 to 265.210. 13
571	571	[3. The unexpended balance in the apple merchandising 14
572	572	fund at the end of the biennium shall not be transferred to 15
573	573	the ordinary revenue fund of the state treasury and 16
574	574	accordingly shall be exempt from the provis ions of section 17
575	575	33.080 relating to the transfer of funds to the ordinary 18
576	576	revenue funds of the state by the state treasurer. ] 19
577	577	348.409. 1. There is hereby established in the state 1
578	578	treasury the "Agricultural Product Utilization and Bus iness 2
579	579	Development Loan Guarantee Fund". The fund shall consist of 3
580	580	money appropriated to it by the general assembly, charges, 4
581	581	gifts, grants, bequests from federal, private or other 5
582	582	sources, and investment income on the fund. 6
583	583	[Notwithstanding the prov isions of section 33.080, no 7
584	584	portion of the fund shall be transferred to the general 8
585	585	revenue fund.] 9
586	586	2. All moneys received by the authority for payments 10
587	587	made on previously defaulted guaranteed loans shall be paid 11
588	588	promptly into the state treasury and deposited in the fund. 12
589	589	3. The fund shall be administered by the authority. 13
590	590	4. Beginning with fiscal year 1997 -98, the general 14
591	591	assembly may appropriate moneys not to exceed two and one - 15
592	592	half million dollars for the establishment and initial 16
593	593	funding of the fund. 17
594	594	5. Moneys in the fund, both unobligated and obligated 18
595	595	as a reserve, which in the judgment of the authority are not 19
596	596	currently needed for payments of defaults of guaranteed 20
597	597	loans, may be invested by the state treasurer, and an y 21
598	598	income therefrom shall be deposited to the credit of the 22
599	599	fund. 23
600	600	444.810. 1. The commission may: 1 SB 722 20
601	601	(1) Adopt and promulgate rules and regulations 2
602	602	respecting the administration and enforcement of this law 3
603	603	and in conformity there with; 4
604	604	(2) Encourage and conduct investigations, research, 5
605	605	experiments and demonstrations, and collect and disseminate 6
606	606	information relating to surface coal mining and reclamation 7
607	607	and conservation of lands and waters affected by surface 8
608	608	coal mining; 9
609	609	(3) Examine and pass on all applications and plans and 10
610	610	specifications submitted by the operator for the method of 11
611	611	operation and for the reclamation and conservation of the 12
612	612	area of land affected by the operation; 13
613	613	(4) Make investigations and inspections which are 14
614	614	necessary to ensure compliance; 15
615	615	(5) Conduct hearings and administer oaths or 16
616	616	affirmations and subpoena witnesses to the inquiry; 17
617	617	(6) Order the suspension or revocation of any permit, 18
618	618	or the cessation of operations for failure to comply with 19
619	619	any of the provisions of this law, rules and regulations, 20
620	620	reclamation plans, permit conditions, or any order of the 21
621	621	commission; 22
622	622	(7) Order forfeiture of any bond for failure to comply 23
623	623	with any provisions of this law, rules o r regulations, 24
624	624	reclamation plans, permit conditions or any order of the 25
625	625	commission; 26
626	626	(8) Cause to be instituted in any court of competent 27
627	627	jurisdiction legal proceedings for injunction or other 28
628	628	appropriate relief to enforce this law, rules and 29
629	629	regulations, reclamation plans, permit conditions, or any 30
630	630	order of the commission; 31
631	631	(9) Retain, employ, provide for, and compensate, 32
632	632	within the limits of appropriations made for that purpose, 33 SB 722 21
633	633	such consultants, assistants, deputies, clerks, and other 34
634	634	employees on full- or part-time basis as may be necessary to 35
635	635	carry out the provisions of this law and prescribe the times 36
636	636	at which they shall be appointed and their powers and 37
637	637	duties; and when appropriate, contract for such professional 38
638	638	or technical services as necessary; 39
639	639	(10) Study and develop plans for the reclamation of 40
640	640	lands that have been mined prior to August 3, 1977, and 41
641	641	those described in subsection 3 of section 444.915; 42
642	642	(11) Accept, receive and administer grants or other 43
643	643	funds or gifts from public and private agencies and 44
644	644	individuals, including the federal government, for the 45
645	645	purpose of carrying out any of the functions of this law, 46
646	646	including the reclamation of lands mined prior to August 3, 47
647	647	1977. Funds received by the commis sion for the purpose of 48
648	648	reclaiming lands mined prior to August 3, 1977, shall be 49
649	649	deposited with the state treasurer and credited to the 50
650	650	"Abandoned Mine Reclamation Fund" which is hereby created. 51
651	651	After appropriation by the general assembly, the money i n 52
652	652	this fund shall be expended for the purposes authorized. 53
653	653	Any portion of the fund not immediately needed for the 54
654	654	purposes authorized shall be invested by the state treasurer 55
655	655	as provided by the constitution and laws of this state. All 56
656	656	income from such investments shall, unless otherwise 57
657	657	prohibited by the constitution of this state, be deposited 58
658	658	in the abandoned mine land reclamation fund. [Any 59
659	659	unexpended balance in such fund at the end of any 60
660	660	appropriation period shall not be transferred to the general 61
661	661	revenue fund of the state treasury and, accordingly, shall 62
662	662	be exempt from the provisions of section 33.080. ] The 63
663	663	commission may promulgate such rules and regulations or 64 SB 722 22
664	664	enter into such contracts as it may deem necessary for 65
665	665	carrying out the provisions of this subdivision; 66
666	666	(12) Budget and receive duly appropriated moneys for 67
667	667	expenditures to carry out the provisions and purposes of 68
668	668	this law; 69
669	669	(13) Prepare and file a biennial report with the 70
670	670	governor and members of the general assem bly; 71
671	671	(14) Enter into cooperative agreements with the 72
672	672	appropriate federal officer or agency to provide for state 73
673	673	regulation of surface coal mining and reclamation operations 74
674	674	on federal lands within the state. 75
675	675	2. No rule or portion of a rule p romulgated under the 76
676	676	authority of sections 444.800 to 444.970 shall become 77
677	677	effective unless it has been promulgated pursuant to the 78
678	678	provisions of section 536.024. 79
679	679	640.740. There is hereby established in the state 1
680	680	treasury the "Concentrated Animal Feeding Operation 2
681	681	Indemnity Fund", to be known as the "fund" for the purposes 3
682	682	of sections 640.740 to 640.747. All fees or other moneys 4
683	683	payable pursuant to the provisions of section 640.745 or 5
684	684	other moneys received including gifts, grant s, 6
685	685	appropriations, and bequests from federal, private or other 7
686	686	sources made for the purpose of the provisions of this act 8
687	687	shall be payable to and collected by the director of the 9
688	688	department of natural resources and deposited in this fund. 10
689	689	The money in this fund, upon appropriation, shall be 11
690	690	expended to close class IA, class IB, class IC and class II 12
691	691	concentrated animal feeding operations as defined in the 13
692	692	department's rules, that have been placed in the control of 14
693	693	the government due to bankruptcy or failure to pay property 15
694	694	taxes, or if the class IA, class IB, class IC or class II 16
695	695	concentrated animal feeding operation is abandoned 17 SB 722 23
696	696	property. "Abandoned property", for the purposes of this 18
697	697	section, means real property previously used for, or which 19
698	698	has the potential to be used for, agricultural purposes 20
699	699	which has been placed in the control of the state, a county, 21
700	700	or municipal government, or an agency thereof, through 22
701	701	donation, purchase, tax delinquency, foreclosure, default or 23
702	702	settlement, including conveyance by deed in lieu of 24
703	703	foreclosure, and has been vacant for a period of not less 25
704	704	than three years. Any portion of the fund not immediately 26
705	705	needed for the purposes authorized shall be invested by the 27
706	706	state treasurer as provided by the Const itution and laws of 28
707	707	this state. All income from such investments shall be 29
708	708	deposited in the fund. [Any unexpended balance in the fund 30
709	709	at the end of any appropriation period shall not be 31
710	710	transferred to the general revenue fund and, accordingly, 32
711	711	shall be exempt from the provisions of section 33.080 33
712	712	relating to the transfer of funds to the general revenue 34
713	713	funds of the state by the state treasurer. ] 35
714	714	700.041. 1. There is hereby established a fund in the 1
715	715	state treasury to be known as the "Manufactured Housing 2
716	716	Consumer Recovery Fund" for the purpose of paying consumer 3
717	717	claims under procedures the commission may promulgate by 4
718	718	rule. The public service commission shall administer the 5
719	719	manufactured housing consumer recovery fund and all moneys 6
720	720	in the fund shall be used solely as prescribed in this 7
721	721	section. Any interest earned from the investment of moneys 8
722	722	in the fund shall be credited to the fund. 9
723	723	2. Claims approved by the commission under law may be 10
724	724	paid from the fund subject to appropriation. No claims 11
725	725	shall be considered by the commission until all other legal 12
726	726	remedies have been exhausted. The commission shall 13
727	727	establish an advisory committee to assist with the 14 SB 722 24
728	728	evaluation of all claims filed by consumers. The committee 15
729	729	members shall be volunteers and serve without compensation. 16
730	730	[3. Notwithstanding the provisions of section 33.080 17
731	731	to the contrary, moneys in the manufactured housing consumer 18
732	732	recovery fund shall not be transferred to the credit of the 19
733	733	general revenue fund at the end of the biennium; however, 20
734	734	the total amount in the manufactured housing consumer 21
735	735	recovery fund shall not exceed thirty -two percent of the 22
736	736	amount of the annual appropriation of the manufactured 23
737	737	housing fund from the preceding fiscal year. Moneys in the 24
738	738	manufactured housing consumer recovery fund may be 25
739	739	transferred back to the manufactured housing fund by 26
740	740	appropriation.] 27
741	741	