EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 722
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR COLEMAN.
2908S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 8.900, 109.005, 161.410, 191.905, 210.102, 253.092, 253.120, 253.380,
261.275, 265.180, 348.409, 444.810, 640.740, and 700.041, RSMo, and to enact in lieu
thereof fifteen new sections relating to funds in the state treasury, with penalty
provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 8.9 00, 109.005, 161.410, 191.905, 1
210.102, 253.092, 253.120, 253.380, 261.275, 265.180, 348.409, 2
444.810, 640.740, and 700.041, RSMo, are repealed and fifteen 3
new sections enacted in lieu thereof, to be known as sections 4
8.900, 33.082, 109.005, 161.410, 191.9 05, 210.102, 253.092, 5
253.120, 253.380, 261.275, 265.180, 348.409, 444.810, 640.740, 6
and 700.041, to read as follows:7
8.900. 1. A permanent memorial for workers who were 1
killed on the job in Missouri or who suffered an on -the-job 2
injury that resulted in a permanent disability shall be 3
established and located on the grounds of the state capitol. 4
2. There is hereby established in the state treasury 5
the "Workers Memorial Fund". Gifts, grants and devises may 6
be deposited in the workers memor ial fund. [Notwithstanding 7
the provisions of section 33.080, moneys in the fund shall 8
not revert to general revenue. ] The state treasurer shall 9
invest the moneys from the fund in the same manner as other 10
state funds are invested. Interest accruing to the fund 11 SB 722 2
shall be deposited in the fund and shall not be transferred 12
to the general revenue fund. 13
33.082. The state treasurer shall, by no later than 1
December thirty-first of each year, submit a report to the 2
general assembly deta iling each fund established in the 3
state treasury from which a disbursement has not been made 4
during the five year period ending on June thirtieth of such 5
year, and whether or not any remaining moneys in such funds 6
have been transferred to the general revenue fund pursuant 7
to section 33.080. 8
109.005. 1. There is hereby established in the state 1
treasury a special fund to be known as the "State Document 2
Preservation Fund". The fund shall consist of all moneys 3
received from gifts, bequests, or contributions for the 4
specific purpose of preserving legal, historical and 5
genealogical materials and making them available to the 6
public. 7
2. The state treasurer shall invest moneys in the 8
state document preservation fund in the sam e manner as 9
surplus state funds are invested pursuant to section 10
30.260. All earnings which result from the investment of 11
moneys in the state document preservation fund shall be 12
credited to the fund. 13
[3. Any unexpended balance in the state docum ent 14
preservation fund at the end of any appropriation period 15
shall not be transferred to the general revenue fund of the 16
state treasury and, accordingly, shall be exempt from the 17
provisions of section 33.080 relating to the transfer of 18
funds to the general revenue fund of the state treasury. ] 19
161.410. [1.] The executive director of the Missouri 1
commission for the deaf and hard of hearing shall administer 2
a revolving fund to be known as the "Missouri Commission for 3 SB 722 3
the Deaf and Hard of Hearing Fund" which is hereby 4
established in the state treasury. The fund shall consist 5
of appropriations made by the general assembly, any gifts, 6
contributions, grants, or bequests received from federal, 7
private, or other sources, and moneys t ransferred or paid to 8
the commission in return for goods and services provided by 9
the commission to any governmental entity or the public. 10
The state treasurer shall approve all disbursements from the 11
fund for the purchase of goods or services at the r equest of 12
the executive director of the commission. 13
[2. Notwithstanding the provisions of section 33.080 14
to the contrary, moneys in the fund shall not revert to the 15
credit of the general revenue fund. ] 16
191.905. 1. No health care provider shall knowingly 1
make or cause to be made a false statement or false 2
representation of a material fact in order to receive a 3
health care payment, including but not limited to: 4
(1) Knowingly presenting to a health care payer a 5
claim for a health care payment that falsely represents that 6
the health care for which the health care payment is claimed 7
was medically necessary, if in fact it was not; 8
(2) Knowingly concealing the occurrence of any event 9
affecting an initial or continued right under a medical 10
assistance program to have a health care payment made by a 11
health care payer for providing health care; 12
(3) Knowingly concealing or failing to disclose any 13
information with the intent to obtain a health care payment 14
to which the health care provider or any other health care 15
provider is not entitled, or to obtain a health care payment 16
in an amount greater than that which the health care 17
provider or any other health care provider is entitled; 18 SB 722 4
(4) Knowingly presenting a claim to a health care 19
payer that falsely indicates that any particular health care 20
was provided to a person or persons, if in fact health care 21
of lesser value than that described in the claim was 22
provided. 23
2. No person shall knowingly solicit or receive any 24
remuneration, including any kickback, bribe, or rebate, 25
directly or indirectly, overtly or covertly, in cash or in 26
kind in return for: 27
(1) Referring another person to a health care provider 28
for the furnishing or arranging for the f urnishing of any 29
health care; or 30
(2) Purchasing, leasing, ordering or arranging for or 31
recommending purchasing, leasing or ordering any health care. 32
3. No person shall knowingly offer or pay any 33
remuneration, including any kickback, bribe, o r rebate, 34
directly or indirectly, overtly or covertly, in cash or in 35
kind, to any person to induce such person to refer another 36
person to a health care provider for the furnishing or 37
arranging for the furnishing of any health care. 38
4. Subsections 2 and 3 of this section shall not apply 39
to a discount or other reduction in price obtained by a 40
health care provider if the reduction in price is properly 41
disclosed and appropriately reflected in the claim made by 42
the health care provider to the healt h care payer, or any 43
amount paid by an employer to an employee for employment in 44
the provision of health care. 45
5. Exceptions to the provisions of subsections 2 and 3 46
of this section shall be provided for as authorized in 42 47
U.S.C. Section 1320a -7b(3)(E), as may be from time to time 48
amended, and regulations promulgated pursuant thereto. 49 SB 722 5
6. No person shall knowingly abuse a person receiving 50
health care. 51
7. A person who violates subsections 1 to 3 of this 52
section is guilty of a class D felony upon his or her first 53
conviction, and shall be guilty of a class B felony upon his 54
or her second and subsequent convictions. Any person who 55
has been convicted of such violations shall be referred to 56
the Office of Inspector General within the U nited States 57
Department of Health and Human Services. The person so 58
referred shall be subject to the penalties provided for 59
under 42 U.S.C. Chapter 7, Subchapter XI, Section 1320a -7. 60
A prior conviction shall be pleaded and proven as provided 61
by section 558.021. A person who violates subsection 6 of 62
this section shall be guilty of a class D felony, unless the 63
act involves no physical, sexual or emotional harm or injury 64
and the value of the property involved is less than five 65
hundred dollars, in w hich event a violation of subsection 6 66
of this section is a class A misdemeanor. 67
8. Any natural person who willfully prevents, 68
obstructs, misleads, delays, or attempts to prevent, 69
obstruct, mislead, or delay the communication of information 70
or records relating to a violation of sections 191.900 to 71
191.910 is guilty of a class E felony. 72
9. Each separate false statement or false 73
representation of a material fact proscribed by subsection 1 74
of this section or act proscribed by subsection 2 or 3 of 75
this section shall constitute a separate offense and a 76
separate violation of this section, whether or not made at 77
the same or different times, as part of the same or separate 78
episodes, as part of the same scheme or course of conduct, 79
or as part of the same claim. 80 SB 722 6
10. In a prosecution pursuant to subsection 1 of this 81
section, circumstantial evidence may be presented to 82
demonstrate that a false statement or claim was knowingly 83
made. Such evidence of knowledge may include but shall not 84
be limited to the following: 85
(1) A claim for a health care payment submitted with 86
the health care provider's actual, facsimile, stamped, 87
typewritten or similar signature on the claim for health 88
care payment; 89
(2) A claim for a health care payme nt submitted by 90
means of computer billing tapes or other electronic means; 91
(3) A course of conduct involving other false claims 92
submitted to this or any other health care payer. 93
11. Any person convicted of a violation of this 94
section, in addition to any fines, penalties or sentences 95
imposed by law, shall be required to make restitution to the 96
federal and state governments, in an amount at least equal 97
to that unlawfully paid to or by the person, and shall be 98
required to reimburse the reaso nable costs attributable to 99
the investigation and prosecution pursuant to sections 100
191.900 to 191.910. All of such restitution shall be paid 101
and deposited to the credit of the "MO HealthNet Fraud 102
Reimbursement Fund", which is hereby established in the 103
state treasury. Moneys in the MO HealthNet fraud 104
reimbursement fund shall be divided and appropriated to the 105
federal government and affected state agencies in order to 106
refund moneys falsely obtained from the federal and state 107
governments. All of such cost reimbursements attributable 108
to the investigation and prosecution shall be paid and 109
deposited to the credit of the "MO HealthNet Fraud 110
Prosecution Revolving Fund", which is hereby established in 111
the state treasury. Moneys in the MO HealthNet fr aud 112 SB 722 7
prosecution revolving fund may be appropriated to the 113
attorney general, or to any prosecuting or circuit attorney 114
who has successfully prosecuted an action for a violation of 115
sections 191.900 to 191.910 and been awarded such costs of 116
prosecution, in order to defray the costs of the attorney 117
general and any such prosecuting or circuit attorney in 118
connection with their duties provided by sections 191.900 to 119
191.910. No moneys shall be paid into the MO HealthNet 120
fraud protection revolving fund pu rsuant to this subsection 121
unless the attorney general or appropriate prosecuting or 122
circuit attorney shall have commenced a prosecution pursuant 123
to this section, and the court finds in its discretion that 124
payment of attorneys' fees and investigative co sts is 125
appropriate under all the circumstances, and the attorney 126
general and prosecuting or circuit attorney shall prove to 127
the court those expenses which were reasonable and necessary 128
to the investigation and prosecution of such case, and the 129
court approves such expenses as being reasonable and 130
necessary. Any moneys remaining in the MO HealthNet fraud 131
reimbursement fund after division and appropriation to the 132
federal government and affected state agencies shall be used 133
to increase MO HealthNet pr ovider reimbursement until it is 134
at least one hundred percent of the Medicare provider 135
reimbursement rate for comparable services. [The provisions 136
of section 33.080 notwithstanding, moneys in the MO 137
HealthNet fraud prosecution revolving fund shall not lapse 138
at the end of the biennium. ] 139
12. A person who violates subsections 1 to 3 of this 140
section shall be liable for a civil penalty of not less than 141
five thousand dollars and not more than ten thousand dollars 142
for each separate act in violation of such subsections, plus 143
three times the amount of damages which the state and 144 SB 722 8
federal government sustained because of the act of that 145
person, except that the court may assess not more than two 146
times the amount of damages which the state and federal 147
government sustained because of the act of the person, if 148
the court finds: 149
(1) The person committing the violation of this 150
section furnished personnel employed by the attorney general 151
and responsible for investigating violations of sections 152
191.900 to 191.910 with all information known to such person 153
about the violation within thirty days after the date on 154
which the defendant first obtained the information; 155
(2) Such person fully cooperated with any government 156
investigation of such violati on; and 157
(3) At the time such person furnished the personnel of 158
the attorney general with the information about the 159
violation, no criminal prosecution, civil action, or 160
administrative action had commenced with respect to such 161
violation, and the pe rson did not have actual knowledge of 162
the existence of an investigation into such violation. 163
13. Upon conviction pursuant to this section, the 164
prosecution authority shall provide written notification of 165
the conviction to all regulatory or discipli nary agencies 166
with authority over the conduct of the defendant health care 167
provider. 168
14. The attorney general may bring a civil action 169
against any person who shall receive a health care payment 170
as a result of a false statement or false representa tion of 171
a material fact made or caused to be made by that person. 172
The person shall be liable for up to double the amount of 173
all payments received by that person based upon the false 174
statement or false representation of a material fact, and 175
the reasonable costs attributable to the prosecution of the 176 SB 722 9
civil action. All such restitution shall be paid and 177
deposited to the credit of the MO HealthNet fraud 178
reimbursement fund, and all such cost reimbursements shall 179
be paid and deposited to the credit of the MO HealthNet 180
fraud prosecution revolving fund. No reimbursement of such 181
costs attributable to the prosecution of the civil action 182
shall be made or allowed except with the approval of the 183
court having jurisdiction of the civil action. No civil 184
action provided by this subsection shall be brought if 185
restitution and civil penalties provided by subsections 11 186
and 12 of this section have been previously ordered against 187
the person for the same cause of action. 188
15. Any person who discovers a vio lation by himself or 189
herself or such person's organization and who reports such 190
information voluntarily before such information is public or 191
known to the attorney general shall not be prosecuted for a 192
criminal violation. 193
210.102. 1. There is hereby established within the 1
department of elementary and secondary education the 2
"Coordinating Board for Early Childhood", which shall 3
constitute a body corporate and politic, and shall include, 4
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 7
departments: health and senior services, mental health, 8
social services, and elementary and secondary education; 9
(3) A representative of the judiciary; 10
(4) A representative of the family and community trust 11
board (FACT); 12
(5) A representative from the head start program; and 13
(6) Nine members appointed by the governor with the 14
advice and consent of the senate who are repre sentatives of 15 SB 722 10
the groups, such as business, philanthropy, civic groups, 16
faith-based organizations, parent groups, advocacy 17
organizations, early childhood service providers, and other 18
stakeholders. 19
The coordinating board may make all rules it deems nece ssary 20
to enable it to conduct its meetings, elect its officers, 21
and set the terms and duties of its officers. The 22
coordinating board shall elect from amongst its members a 23
chairperson, vice chairperson, a secretary -reporter, and 24
such other officers a s it deems necessary. Members of the 25
board shall serve without compensation but may be reimbursed 26
for actual expenses necessary to the performance of their 27
official duties for the board. 28
2. The coordinating board for early childhood shall 29
have the power to: 30
(1) Develop a comprehensive statewide long -range 31
strategic plan for a cohesive early childhood system; 32
(2) Confer with public and private entities for the 33
purpose of promoting and improving the development of 34
children from birth through age five of this state; 35
(3) Identify legislative recommendations to improve 36
services for children from birth through age five; 37
(4) Promote coordination of existing services and 38
programs across public and private entities; 39
(5) Promote research-based approaches to services and 40
ongoing program evaluation; 41
(6) Identify service gaps and advise public and 42
private entities on methods to close such gaps; 43
(7) Apply for and accept gifts, grants, 44
appropriations, loans, or co ntributions to the coordinating 45
board for early childhood fund from any source, public or 46 SB 722 11
private, and enter into contracts or other transactions with 47
any federal or state agency, any private organizations, or 48
any other source in furtherance of the pur pose of subsection 49
1 of this section and this subsection, and take any and all 50
actions necessary to avail itself of such aid and 51
cooperation; 52
(8) Direct disbursements from the coordinating board 53
for early childhood fund as provided in this sectio n; 54
(9) Administer the coordinating board for early 55
childhood fund and invest any portion of the moneys not 56
required for immediate disbursement in obligations of the 57
United States or any agency or instrumentality of the United 58
States, in obligatio ns of the state of Missouri and its 59
political subdivisions, in certificates of deposit and time 60
deposits, or other obligations of banks and savings and loan 61
associations, or in such other obligations as may be 62
prescribed by the board; 63
(10) Purchase, receive, take by grant, gift, devise, 64
bequest or otherwise, lease, or otherwise acquire, own, 65
hold, improve, employ, use, and otherwise deal with real or 66
personal property or any interests therein, wherever 67
situated; 68
(11) Sell, convey, lease, exchange, transfer or 69
otherwise dispose of all or any of its property or any 70
interest therein, wherever situated; 71
(12) Employ and fix the compensation of an executive 72
director and such other agents or employees as it considers 73
necessary; 74
(13) Adopt, alter, or repeal by its own bylaws, rules, 75
and regulations governing the manner in which its business 76
may be transacted; 77
(14) Adopt and use an official seal; 78 SB 722 12
(15) Assess or charge fees as the board determines to 79
be reasonable to carry out its purposes; 80
(16) Make all expenditures which are incident and 81
necessary to carry out its purposes; 82
(17) Sue and be sued in its official name; 83
(18) Take such action, enter into such agreements, and 84
exercise all functions neces sary or appropriate to carry out 85
the duties and purposes set forth in this section. 86
3. There is hereby created the "Coordinating Board for 87
Early Childhood Fund" which shall consist of the following: 88
(1) Any moneys appropriated by the general assembly 89
for use by the board in carrying out the powers set out in 90
subsections 1 and 2 of this section; 91
(2) Any moneys received from grants or which are 92
given, donated, or contributed to the fund from any source; 93
(3) Any moneys received as fees authorized under 94
subsections 1 and 2 of this section; 95
(4) Any moneys received as interest on deposits or as 96
income on approved investments of the fund; 97
(5) Any moneys obtained from any other available 98
source. 99
[Notwithstanding the provis ions of section 33.080 to the 100
contrary, any moneys remaining in the coordinating board for 101
early childhood fund at the end of the biennium shall not 102
revert to the credit of the general revenue fund. ] 103
253.092. 1. There is hereby crea ted in the state 1
treasury the "Arrow Rock State Historic Site Endowment 2
Fund". The fund shall be administered by the Missouri 3
department of natural resources. All moneys, funds, or 4
other assets acquired for purposes of this section shall be 5
deposited with the state treasurer to the credit of the 6 SB 722 13
fund. All income, interest, rights, or rent earned through 7
the operation of the fund shall also be credited to the 8
fund. All other property, real and personal, acquired 9
through any grant, gift, donation , devise, or bequest 10
specified for the Arrow Rock state historic site endowment 11
fund for purposes stated in this section shall also be 12
deposited in the fund. The original bequest of Bill and 13
Cora Lee Miller made in the amount of twenty -one thousand 14
nine hundred sixty-five dollars and ninety -two cents to the 15
state park earnings fund is hereby transferred into the 16
Arrow Rock state historic site endowment fund. 17
2. The Arrow Rock state historic site endowment fund 18
shall be used for the enhancemen t of Arrow Rock state 19
historic site's public interpretive programs, and may be 20
used by the Missouri department of natural resources for the 21
preparation of museum exhibits, acquisition of artifacts, 22
publication of information, payment of fees for exhibi ts or 23
lectures, or other similar interpretive needs at Arrow Rock 24
state historic site and for no other purpose. 25
3. The state treasurer shall be the custodian of all 26
moneys, bonds, securities, or interests and rights therein 27
deposited in the state treasury to the credit of the Arrow 28
Rock state historic site endowment fund and shall invest the 29
moneys in the fund in a manner as provided by law. 30
4. Until January 1, 2100, the Missouri department of 31
natural resources may annually expend an amou nt equal to one- 32
half of the interest earned by the Arrow Rock state historic 33
site endowment fund in the immediately preceding fiscal year 34
for the purposes stated in this section. Beginning January 35
1, 2100, and thereafter the Missouri department of nat ural 36
resources may annually expend an amount equal to the 37
interest earned by the Arrow Rock state historic site 38 SB 722 14
endowment fund in the immediately preceding fiscal year, for 39
the purposes stated in this section. 40
5. Funds from the Arrow Rock state h istoric site 41
endowment fund shall be expended only upon appropriation by 42
the general assembly. [Notwithstanding the provisions of 43
section 33.080 to the contrary, funds appropriated, but not 44
expended by the end of the fiscal year, shall revert to the 45
Arrow Rock state historic site endowment fund. ] 46
253.120. 1. The endowment fund authorized by section 1
2, Laws of Missouri 1925, page 136, shall be maintained by 2
the department of natural resources as a permanent endowment 3
for the maintenance of the Confederate Memorial Park. The 4
department of natural resources may accept gifts, donations, 5
or bequests for the maintenance of the memorial park and for 6
the endowment fund until the fund reaches the sum of seventy - 7
five thousand dollars . The department of natural resources 8
may sell, convey or otherwise convert into money any 9
property received and shall invest all moneys of the 10
endowment fund and use the income therefrom for the 11
maintenance of the park, but the principal shall remain 12
intact as a permanent endowment fund. 13
2. Notwithstanding any provision of law to the 14
contrary, any moneys remaining in the endowment fund as of 15
June 30, 2026, shall be transferred to the general revenue 16
fund pursuant to section 33.080. 17
253.380. 1. The state of Missouri may accept in trust 1
a sum of money or other valuable assets to be held for a 2
period of one hundred years in interest -bearing investments 3
as a permanent endowment fund for the benefit and 4
development of the Pansy Johnson -Travis Memorial State 5
Gardens. There is hereby created the "Pansy Johnson -Travis 6
Memorial State Gardens Trust Fund" in the state treasury. 7 SB 722 15
All money, funds, and securities given, bequested, or 8
devised to the state of Missouri by Miss Pansy Johnson for 9
the benefit of the Pansy Johnson -Travis Memorial State 10
Gardens and all other property, real and personal, acquired 11
through any grant, gift, donation, devise or bequest to or 12
for the use of the state of Missouri for such purpos e shall 13
be deposited in the Pansy Johnson -Travis Memorial State 14
Gardens trust fund as a permanent endowment. All income, 15
interest, rights or rent earned through the operation of the 16
fund shall also be credited to the fund. The money, bonds, 17
and other securities of the fund shall be kept safely 18
invested for a period of one hundred years after receipt of 19
the first payment or installment into the fund so as to earn 20
a reasonable return. The state treasurer shall select such 21
investments as are permit ted by the laws of Missouri and 22
shall make such investments as he deems reasonable and 23
prudent. 24
2. Upon the expiration of one hundred years from the 25
date of the receipt of the first payment or receipt into the 26
Pansy Johnson-Travis Memorial State Gardens trust fund, the 27
governor of the state of Missouri shall designate the 28
appropriate state agency to utilize the money in the fund to 29
establish, develop and maintain the Pansy Johnson -Travis 30
Memorial State Gardens. The Pansy Johnson-Travis Memorial 31
State Gardens shall be in the nature of a permanent place of 32
natural beauty and recreation and may take the form of a 33
botanical garden, flower garden or fountain park. The Pansy 34
Johnson-Travis Memorial State Gardens shall be located east 35
of the Gasconade River in that area of the state which was 36
Maries County as it existed in 1985 as described in section 37
46.111, as such section existed on August 13, 1986. 38 SB 722 16
3. The Pansy Johnson-Travis Memorial State Gardens 39
shall be designed as a place of be auty utilizing flowers, 40
shrubs, and trees to include scenic pathways and rest areas 41
but shall not contain playgrounds, campgrounds, cooking 42
facilities, or other physical recreational facilities 43
normally found in state parks and recreational areas. A 44
suitable marker shall be installed in the gardens 45
identifying the area as follows: 46
4. The state treasurer shall be the custodian of all 54
money, bonds, securities or interests and rights therein 55
deposited in the Pansy Johnson -Travis Memorial State Gardens 56
trust fund and he and his sureties are responsible for his 57
official bond for the faithful performance of his duties in 58
the safekeeping of all money or property in the fund. 59
5. Eighty-five years after the date of the receipt of 60
the first payment or receipt into the Pansy Johnson -Travis 61
Memorial State Gardens trust fund, the governor shall 62
appoint a planning board to begin planning and development 63
of the Pansy Johnson-Travis Memorial State Gardens, 64
including the advance acquisition of land, but the actual 65
construction of the gardens shall not commence until the 66
expiration of one hundred years after the date of the 67
receipt of the first payment or receipt into the trust 68
47 Pansy Johnson-Travis Memorial State Gardens
48 dedicated to the residents of
49 Maries County, Missouri.
50 In memory of
51 Martin V. Johnson Malissie Travis Palmer
52 Ina Travis Johnson William James Travis
53 Ora Johnson Klein Jesse Hall Travis SB 722 17
fund. The board shall consist of the state treasurer or his 69
designee, the person responsible for the operation of the 70
state park program or his designee, and three citizens of 71
this state who are residents of the area in which the Pansy 72
Johnson-Travis Memorial State Gardens will be located as 73
provided in subsection 2 of this section. 74
6. Funds for the Pansy Johnson -Travis Memorial State 75
trust fund shall be expended only upon appropriation by the 76
general assembly. 77
7. Notwithstanding any provision of law to the 78
contrary, any moneys remaining in the trust fund established 79
pursuant to this section as of June 30, 2026, shall be 80
transferred to the general revenue fund pursuant to section 81
33.080. 82
261.275. 1. There is hereby created in the state 1
treasury the "Missouri Dairy Industry Revitalization Fund", 2
which shall consist of moneys appropriated to the fund. The 3
state treasurer shall be custodian of the fund. In 4
accordance with sections 30.170 and 30 .180, the state 5
treasurer may approve disbursements of the fund. Upon 6
appropriation by the general assembly, moneys in the fund 7
shall be used solely to enhance and improve Missouri's dairy 8
and dairy processing industries in the manner provided for 9
in sections 261.270 to 261.295. [Notwithstanding the 10
provisions of section 33.080 to the contrary, any moneys 11
remaining in the fund at the end of the biennium shall not 12
revert to the credit of the general revenue fund. ] The 13
state treasurer shall invest moneys in the fund in the same 14
manner as other funds are invested. Any interest and moneys 15
earned on such investments shall be credited to the fund. 16
2. Moneys appropriated from the general revenue fund 17
to the Missouri dairy industry revitalizati on fund shall not 18 SB 722 18
exceed forty percent of the estimated sales tax revenue 19
generated in the state from the sale of dairy products 20
during the preceding fiscal year, calculated under 21
subsection 3 of this section, and shall be expended in the 22
following order of priority: 23
(1) First, to the dairy producer margin insurance 24
premium assistance program created under section 261.280; 25
(2) Second, to the Missouri dairy scholars program 26
created under section 261.285; and 27
(3) Third, to the commerc ial agriculture program 28
created under section 261.290. 29
3. Each fiscal year the University of Missouri shall 30
conduct research, or contract with an independent research 31
company to conduct research, to determine the estimated 32
sales tax revenue gener ated in the state from the sale of 33
dairy products. The cost for such calculation shall be paid 34
out of the Missouri dairy industry revitalization fund. The 35
estimated sales tax revenue generated in the state from the 36
sale of dairy products shall be pro vided to the department 37
of agriculture by October first of each year. 38
265.180. 1. All moneys received by the director under 1
the provisions of section 265.150 shall be paid to the state 2
treasurer to be credited to the "Apple Merchand ising Fund" 3
which is hereby created. 4
2. All moneys credited to the apple merchandising fund 5
shall be appropriated by the general assembly only for the 6
purposes as herein set forth, to be used exclusively for the 7
administration and enforcement of sections 265.130 to 8
265.210, including the collection of fees, the payment for 9
personal services and expenses of employees and agents of 10
the director, and the payment of rent, services, materials 11 SB 722 19
and supplies necessary to effectuate the purposes and ob ject 12
of sections 265.130 to 265.210. 13
[3. The unexpended balance in the apple merchandising 14
fund at the end of the biennium shall not be transferred to 15
the ordinary revenue fund of the state treasury and 16
accordingly shall be exempt from the provis ions of section 17
33.080 relating to the transfer of funds to the ordinary 18
revenue funds of the state by the state treasurer. ] 19
348.409. 1. There is hereby established in the state 1
treasury the "Agricultural Product Utilization and Bus iness 2
Development Loan Guarantee Fund". The fund shall consist of 3
money appropriated to it by the general assembly, charges, 4
gifts, grants, bequests from federal, private or other 5
sources, and investment income on the fund. 6
[Notwithstanding the prov isions of section 33.080, no 7
portion of the fund shall be transferred to the general 8
revenue fund.] 9
2. All moneys received by the authority for payments 10
made on previously defaulted guaranteed loans shall be paid 11
promptly into the state treasury and deposited in the fund. 12
3. The fund shall be administered by the authority. 13
4. Beginning with fiscal year 1997 -98, the general 14
assembly may appropriate moneys not to exceed two and one - 15
half million dollars for the establishment and initial 16
funding of the fund. 17
5. Moneys in the fund, both unobligated and obligated 18
as a reserve, which in the judgment of the authority are not 19
currently needed for payments of defaults of guaranteed 20
loans, may be invested by the state treasurer, and an y 21
income therefrom shall be deposited to the credit of the 22
fund. 23
444.810. 1. The commission may: 1 SB 722 20
(1) Adopt and promulgate rules and regulations 2
respecting the administration and enforcement of this law 3
and in conformity there with; 4
(2) Encourage and conduct investigations, research, 5
experiments and demonstrations, and collect and disseminate 6
information relating to surface coal mining and reclamation 7
and conservation of lands and waters affected by surface 8
coal mining; 9
(3) Examine and pass on all applications and plans and 10
specifications submitted by the operator for the method of 11
operation and for the reclamation and conservation of the 12
area of land affected by the operation; 13
(4) Make investigations and inspections which are 14
necessary to ensure compliance; 15
(5) Conduct hearings and administer oaths or 16
affirmations and subpoena witnesses to the inquiry; 17
(6) Order the suspension or revocation of any permit, 18
or the cessation of operations for failure to comply with 19
any of the provisions of this law, rules and regulations, 20
reclamation plans, permit conditions, or any order of the 21
commission; 22
(7) Order forfeiture of any bond for failure to comply 23
with any provisions of this law, rules o r regulations, 24
reclamation plans, permit conditions or any order of the 25
commission; 26
(8) Cause to be instituted in any court of competent 27
jurisdiction legal proceedings for injunction or other 28
appropriate relief to enforce this law, rules and 29
regulations, reclamation plans, permit conditions, or any 30
order of the commission; 31
(9) Retain, employ, provide for, and compensate, 32
within the limits of appropriations made for that purpose, 33 SB 722 21
such consultants, assistants, deputies, clerks, and other 34
employees on full- or part-time basis as may be necessary to 35
carry out the provisions of this law and prescribe the times 36
at which they shall be appointed and their powers and 37
duties; and when appropriate, contract for such professional 38
or technical services as necessary; 39
(10) Study and develop plans for the reclamation of 40
lands that have been mined prior to August 3, 1977, and 41
those described in subsection 3 of section 444.915; 42
(11) Accept, receive and administer grants or other 43
funds or gifts from public and private agencies and 44
individuals, including the federal government, for the 45
purpose of carrying out any of the functions of this law, 46
including the reclamation of lands mined prior to August 3, 47
1977. Funds received by the commis sion for the purpose of 48
reclaiming lands mined prior to August 3, 1977, shall be 49
deposited with the state treasurer and credited to the 50
"Abandoned Mine Reclamation Fund" which is hereby created. 51
After appropriation by the general assembly, the money i n 52
this fund shall be expended for the purposes authorized. 53
Any portion of the fund not immediately needed for the 54
purposes authorized shall be invested by the state treasurer 55
as provided by the constitution and laws of this state. All 56
income from such investments shall, unless otherwise 57
prohibited by the constitution of this state, be deposited 58
in the abandoned mine land reclamation fund. [Any 59
unexpended balance in such fund at the end of any 60
appropriation period shall not be transferred to the general 61
revenue fund of the state treasury and, accordingly, shall 62
be exempt from the provisions of section 33.080. ] The 63
commission may promulgate such rules and regulations or 64 SB 722 22
enter into such contracts as it may deem necessary for 65
carrying out the provisions of this subdivision; 66
(12) Budget and receive duly appropriated moneys for 67
expenditures to carry out the provisions and purposes of 68
this law; 69
(13) Prepare and file a biennial report with the 70
governor and members of the general assem bly; 71
(14) Enter into cooperative agreements with the 72
appropriate federal officer or agency to provide for state 73
regulation of surface coal mining and reclamation operations 74
on federal lands within the state. 75
2. No rule or portion of a rule p romulgated under the 76
authority of sections 444.800 to 444.970 shall become 77
effective unless it has been promulgated pursuant to the 78
provisions of section 536.024. 79
640.740. There is hereby established in the state 1
treasury the "Concentrated Animal Feeding Operation 2
Indemnity Fund", to be known as the "fund" for the purposes 3
of sections 640.740 to 640.747. All fees or other moneys 4
payable pursuant to the provisions of section 640.745 or 5
other moneys received including gifts, grant s, 6
appropriations, and bequests from federal, private or other 7
sources made for the purpose of the provisions of this act 8
shall be payable to and collected by the director of the 9
department of natural resources and deposited in this fund. 10
The money in this fund, upon appropriation, shall be 11
expended to close class IA, class IB, class IC and class II 12
concentrated animal feeding operations as defined in the 13
department's rules, that have been placed in the control of 14
the government due to bankruptcy or failure to pay property 15
taxes, or if the class IA, class IB, class IC or class II 16
concentrated animal feeding operation is abandoned 17 SB 722 23
property. "Abandoned property", for the purposes of this 18
section, means real property previously used for, or which 19
has the potential to be used for, agricultural purposes 20
which has been placed in the control of the state, a county, 21
or municipal government, or an agency thereof, through 22
donation, purchase, tax delinquency, foreclosure, default or 23
settlement, including conveyance by deed in lieu of 24
foreclosure, and has been vacant for a period of not less 25
than three years. Any portion of the fund not immediately 26
needed for the purposes authorized shall be invested by the 27
state treasurer as provided by the Const itution and laws of 28
this state. All income from such investments shall be 29
deposited in the fund. [Any unexpended balance in the fund 30
at the end of any appropriation period shall not be 31
transferred to the general revenue fund and, accordingly, 32
shall be exempt from the provisions of section 33.080 33
relating to the transfer of funds to the general revenue 34
funds of the state by the state treasurer. ] 35
700.041. 1. There is hereby established a fund in the 1
state treasury to be known as the "Manufactured Housing 2
Consumer Recovery Fund" for the purpose of paying consumer 3
claims under procedures the commission may promulgate by 4
rule. The public service commission shall administer the 5
manufactured housing consumer recovery fund and all moneys 6
in the fund shall be used solely as prescribed in this 7
section. Any interest earned from the investment of moneys 8
in the fund shall be credited to the fund. 9
2. Claims approved by the commission under law may be 10
paid from the fund subject to appropriation. No claims 11
shall be considered by the commission until all other legal 12
remedies have been exhausted. The commission shall 13
establish an advisory committee to assist with the 14 SB 722 24
evaluation of all claims filed by consumers. The committee 15
members shall be volunteers and serve without compensation. 16
[3. Notwithstanding the provisions of section 33.080 17
to the contrary, moneys in the manufactured housing consumer 18
recovery fund shall not be transferred to the credit of the 19
general revenue fund at the end of the biennium; however, 20
the total amount in the manufactured housing consumer 21
recovery fund shall not exceed thirty -two percent of the 22
amount of the annual appropriation of the manufactured 23
housing fund from the preceding fiscal year. Moneys in the 24
manufactured housing consumer recovery fund may be 25
transferred back to the manufactured housing fund by 26
appropriation.] 27