| 2544 | | - | |
|---|
| 2545 | | - | □ YES □ NO |
|---|
| 2546 | | - | 75 |
|---|
| 2547 | | - | certified by the election officials of such city and county, |
|---|
| 2548 | | - | respectively, to such district not less than thirty days |
|---|
| 2549 | | - | after the day of the election. The cost of the election |
|---|
| 2550 | | - | shall be paid as provided by sections 11 5.063 and 115.065. |
|---|
| 2551 | | - | In the event any proposal shall fail to receive a majority |
|---|
| 2552 | | - | of the "YES" votes in either the city or the county, then |
|---|
| 2553 | | - | such proposal shall not be resubmitted at any election held |
|---|
| 2554 | | - | within one year of the date of the election on which su ch |
|---|
| 2555 | | - | proposal was rejected. |
|---|
| 2556 | | - | 5. Such proposal or proposals to the qualified voters |
|---|
| 2557 | | - | of the district may be submitted by a verified resolution of |
|---|
| 2558 | | - | the district board of directors to the respective election |
|---|
| 2559 | | - | officials of the city and county wherein the d istrict is |
|---|
| 2560 | | - | located. |
|---|
| 2561 | | - | 184.362. The use and enjoyment of such institutions |
|---|
| 2562 | | - | and places, museums and parks of any and all of the |
|---|
| 2563 | | - | subdistricts established under sections 184.350 to [184.384] |
|---|
| 2564 | | - | 184.382 shall be forever free and open to the publ ic at such |
|---|
| 2565 | | - | times as may be provided by the reasonable rules and |
|---|
| 2566 | | - | regulations adopted by the respective commissions in order |
|---|
| 2567 | | - | to render the use of the said subdistrict's facilities of |
|---|
| 2568 | | - | the greatest benefit and efficiently to the greatest |
|---|
| 2569 | | - | number. The respective commissions may exclude from the use |
|---|
| 2570 | | - | of the said facilities any and all persons who willfully |
|---|
| 2571 | | - | violate such rules. In addition said commission shall make |
|---|
| 2572 | | - | and adopt such bylaws, rules and regulations for its own |
|---|
| 2573 | | - | guidance and for the election of i ts members and for the |
|---|
| 2574 | | - | administration of the subdistrict as it may deem expedient |
|---|
| 2575 | | - | and as may not be inconsistent with the provisions of the |
|---|
| 2576 | | - | law. The respective commissions may contract for, or exact, |
|---|
| 2577 | | - | a charge from any person in connection with the use , |
|---|
| 2578 | | - | enjoyment, purchase, license or lease of any property, |
|---|
| 2579 | | - | facility, activity, exhibit, function, or personnel of the |
|---|
| 2580 | | - | 76 |
|---|
| 2581 | | - | respective subdistricts. Said commission shall have |
|---|
| 2582 | | - | exclusive control of the expenditures of all moneys |
|---|
| 2583 | | - | collected by the district to t he credit of the subdistrict's |
|---|
| 2584 | | - | fund. The commission of any subdistrict established by the |
|---|
| 2585 | | - | voters under the authority of section 184.350 shall have |
|---|
| 2586 | | - | exclusive control of the construction and maintenance of any |
|---|
| 2587 | | - | subdistrict buildings built or maintained i n whole or in |
|---|
| 2588 | | - | part with moneys of said fund and of the supervision, care |
|---|
| 2589 | | - | and custody of the grounds, rooms or buildings constructed, |
|---|
| 2590 | | - | leased or set apart for the purposes of the subdistrict |
|---|
| 2591 | | - | under the authority conferred in this law. The commission |
|---|
| 2592 | | - | of any subdistrict established by the voters under the |
|---|
| 2593 | | - | authority of section 184.350 shall have the power to appoint |
|---|
| 2594 | | - | a director and necessary assistants, to fix their |
|---|
| 2595 | | - | compensation and shall also have power to remove such |
|---|
| 2596 | | - | appointees. All employees, appoint ees and officers of |
|---|
| 2597 | | - | publicly owned and operated museums and zoological parks |
|---|
| 2598 | | - | shall on the establishment of a subdistrict related thereto |
|---|
| 2599 | | - | become employees of the subdistrict and such appointees' and |
|---|
| 2600 | | - | employees' seniority, pension, salaries, wages and fri nge |
|---|
| 2601 | | - | benefits shall be equal to or better than that existing at |
|---|
| 2602 | | - | the time of the establishment of the subdistrict insofar as |
|---|
| 2603 | | - | may be possible. The respective commissions shall whenever |
|---|
| 2604 | | - | the need arises transmit to the district a complete survey |
|---|
| 2605 | | - | and report of the subdistrict's need for construction, |
|---|
| 2606 | | - | reconstruction and repair of improvements, buildings and |
|---|
| 2607 | | - | other facilities and shall include all information and data |
|---|
| 2608 | | - | necessary for the purpose of ascertaining the cost of such |
|---|
| 2609 | | - | improvements and shall further certify to the district the |
|---|
| 2610 | | - | need for incurring additional indebtedness as provided in |
|---|
| 2611 | | - | sections 184.364 to 184.376 herein. |
|---|
| 2612 | | - | 191.211. State expenditures for new programs and |
|---|
| 2613 | | - | initiatives enacted by sections [103.178,] 143.999, 188.230, |
|---|
| 2614 | | - | 77 |
|---|
| 2615 | | - | 191.231, 191.825 to 191.839, 208.177, 208.178, 208.179 and |
|---|
| 2616 | | - | 208.181, 211.490, 285.240, 337.093, 374.126, 376.891 to |
|---|
| 2617 | | - | 376.894, 431.064, 660.016, 660.017 and 660.018, and the |
|---|
| 2618 | | - | state expenditures for the new initiatives and expansion of |
|---|
| 2619 | | - | programs enacted by rev ising sections 105.711 and 105.721, |
|---|
| 2620 | | - | 191.520, 191.600, 198.090, 208.151, 208.152 and 208.215, as |
|---|
| 2621 | | - | provided by H.B. 564, 1993, shall be funded exclusively by |
|---|
| 2622 | | - | federal funds and the funding sources established in |
|---|
| 2623 | | - | sections 149.011, 149.015, 149.035, 149.061, 149.065, |
|---|
| 2624 | | - | 149.160, 149.170, 149.180, 149.190 and 149.192, and no |
|---|
| 2625 | | - | future general revenue shall be appropriated to fund such |
|---|
| 2626 | | - | new programs or expansions. |
|---|
| 2627 | | - | 191.828. 1. The following departments shall conduct |
|---|
| 2628 | | - | on-going evaluations of the eff ect of the initiatives |
|---|
| 2629 | | - | enacted by the following sections: |
|---|
| 2630 | | - | (1) The department of commerce and insurance shall |
|---|
| 2631 | | - | evaluate the effect of revising section 376.782 and sections |
|---|
| 2632 | | - | 143.999, 208.178, 374.126, and 376.891 to 376.894; |
|---|
| 2633 | | - | (2) The department of health and senior services shall |
|---|
| 2634 | | - | evaluate the effect of revising sections 105.711 and 191.600 |
|---|
| 2635 | | - | and enacting section 191.411, and sections 167.600 to |
|---|
| 2636 | | - | 167.621, 191.231, 208.177, 431.064, and 660.016. In |
|---|
| 2637 | | - | collaboration with the state board of registratio n for the |
|---|
| 2638 | | - | healing arts, the state board of nursing, and the state |
|---|
| 2639 | | - | board of pharmacy, the department of health and senior |
|---|
| 2640 | | - | services shall also evaluate the effect of revising section |
|---|
| 2641 | | - | 195.070, section 334.100, and section 335.016, and of |
|---|
| 2642 | | - | sections 334.104 and 334.112, and section 338.095 and |
|---|
| 2643 | | - | 338.198; |
|---|
| 2644 | | - | (3) The department of social services shall evaluate |
|---|
| 2645 | | - | the effect of revising section 198.090, and sections |
|---|
| 2646 | | - | 208.151, 208.152 and 208.215, and section 383.125, and of |
|---|
| 2647 | | - | 78 |
|---|
| 2648 | | - | sections 167.600 to 167.621, 208.17 7, 208.178, 208.179, |
|---|
| 2649 | | - | 208.181, and 211.490; |
|---|
| 2650 | | - | (4) The office of administration shall evaluate the |
|---|
| 2651 | | - | effect of revising sections 105.711 and 105.721; |
|---|
| 2652 | | - | (5) [The Missouri consolidated health care plan shall |
|---|
| 2653 | | - | evaluate the effect of section 103.178; and |
|---|
| 2654 | | - | (6)] The department of mental health shall evaluate |
|---|
| 2655 | | - | the effect of section 191.831 as it relates to substance |
|---|
| 2656 | | - | abuse treatment and of section 191.835. |
|---|
| 2657 | | - | 2. The department of revenue and office of |
|---|
| 2658 | | - | administration shall make biannual reports to th e general |
|---|
| 2659 | | - | assembly and the governor concerning the income received |
|---|
| 2660 | | - | into the health initiatives fund and the level of funding |
|---|
| 2661 | | - | required to operate the programs and initiatives funded by |
|---|
| 2662 | | - | the health initiatives fund at an optimal level. |
|---|
| 2663 | | - | 191.831. 1. There is hereby established in the state |
|---|
| 2664 | | - | treasury a "Health Initiatives Fund", to which shall be |
|---|
| 2665 | | - | deposited all revenues designated for the fund under |
|---|
| 2666 | | - | subsection 8 of section 149.015, and subsection 3 of section |
|---|
| 2667 | | - | 149.160, and section 167.609, and all other funds donated to |
|---|
| 2668 | | - | the fund or otherwise deposited pursuant to law. The state |
|---|
| 2669 | | - | treasurer shall administer the fund. Money in the fund |
|---|
| 2670 | | - | shall be appropriated to provide funding for implementing |
|---|
| 2671 | | - | the new programs and initiatives established by sections |
|---|
| 2672 | | - | 105.711 and 105.721. The moneys in the fund may further be |
|---|
| 2673 | | - | used to fund those programs established by sections 191.411 |
|---|
| 2674 | | - | and 191.600, sections 208.151 and 208.152, and sections |
|---|
| 2675 | | - | [103.178,] 143.999, 167.600 to 167.621, 188.230, 191.211, |
|---|
| 2676 | | - | 191.231, 191.825 to 191.839, 192.013, 208.177, 208.178, |
|---|
| 2677 | | - | 208.179 and 208.181, 211.490, 285.240, 337.093, 374.126, |
|---|
| 2678 | | - | 376.891 to 376.894, 431.064, 660.016, 660.017 and 660.018; |
|---|
| 2679 | | - | in addition, not less than fifteen percent of the proceeds |
|---|
| 2680 | | - | deposited to the health init iative fund pursuant to sections |
|---|
| 2681 | | - | 79 |
|---|
| 2682 | | - | 149.015 and 149.160 shall be appropriated annually to |
|---|
| 2683 | | - | provide funding for the C -STAR substance abuse |
|---|
| 2684 | | - | rehabilitation program of the department of mental health, |
|---|
| 2685 | | - | or its successor program, and a C -STAR pilot project |
|---|
| 2686 | | - | developed by the director of the division of alcohol and |
|---|
| 2687 | | - | drug abuse and the director of the department of corrections |
|---|
| 2688 | | - | as an alternative to incarceration, as provided in |
|---|
| 2689 | | - | subsections 2, 3, and 4 of this section. Such pilot project |
|---|
| 2690 | | - | shall be known as the "Alt -care" program. In addition, some |
|---|
| 2691 | | - | of the proceeds deposited to the health initiatives fund |
|---|
| 2692 | | - | pursuant to sections 149.015 and 149.160 shall be |
|---|
| 2693 | | - | appropriated annually to the division of alcohol and drug |
|---|
| 2694 | | - | abuse of the department of mental health to be used f or the |
|---|
| 2695 | | - | administration and oversight of the substance abuse traffic |
|---|
| 2696 | | - | offender program defined in section 302.010. The provisions |
|---|
| 2697 | | - | of section 33.080 to the contrary notwithstanding, money in |
|---|
| 2698 | | - | the health initiatives fund shall not be transferred at the |
|---|
| 2699 | | - | close of the biennium to the general revenue fund. |
|---|
| 2700 | | - | 2. The director of the division of alcohol and drug |
|---|
| 2701 | | - | abuse and the director of the department of corrections |
|---|
| 2702 | | - | shall develop and administer a pilot project to provide a |
|---|
| 2703 | | - | comprehensive substance abuse tre atment and rehabilitation |
|---|
| 2704 | | - | program as an alternative to incarceration, hereinafter |
|---|
| 2705 | | - | referred to as "Alt-care". Alt-care shall be funded using |
|---|
| 2706 | | - | money provided under subsection 1 of this section through |
|---|
| 2707 | | - | the Missouri Medicaid program, the C -STAR program of the |
|---|
| 2708 | | - | department of mental health, and the division of alcohol and |
|---|
| 2709 | | - | drug abuse's purchase -of-service system. Alt-care shall |
|---|
| 2710 | | - | offer a flexible combination of clinical services and living |
|---|
| 2711 | | - | arrangements individually adapted to each client and her |
|---|
| 2712 | | - | children. Alt-care shall consist of the following |
|---|
| 2713 | | - | components: |
|---|
| 2714 | | - | (1) Assessment and treatment planning; |
|---|
| 2715 | | - | 80 |
|---|
| 2716 | | - | (2) Community support to provide continuity, |
|---|
| 2717 | | - | monitoring of progress and access to services and resources; |
|---|
| 2718 | | - | (3) Counseling from individual to famil y therapy; |
|---|
| 2719 | | - | (4) Day treatment services which include accessibility |
|---|
| 2720 | | - | seven days per week, transportation to and from the Alt -care |
|---|
| 2721 | | - | program, weekly drug testing, leisure activities, weekly |
|---|
| 2722 | | - | events for families and companions, job and education |
|---|
| 2723 | | - | preparedness training, peer support and self -help and daily |
|---|
| 2724 | | - | living skills; and |
|---|
| 2725 | | - | (5) Living arrangement options which are permanent, |
|---|
| 2726 | | - | substance-free and conducive to treatment and recovery. |
|---|
| 2727 | | - | 3. Any female who is pregnant or is the custodial |
|---|
| 2728 | | - | parent of a child or children under the age of twelve years, |
|---|
| 2729 | | - | and who has pleaded guilty to or found guilty of violating |
|---|
| 2730 | | - | the provisions of chapter 195, and whose controlled |
|---|
| 2731 | | - | substance abuse was a precipitating or contributing factor |
|---|
| 2732 | | - | in the commission of the offense, and who is placed on |
|---|
| 2733 | | - | probation may be required, as a condition of probation, to |
|---|
| 2734 | | - | participate in Alt-care, if space is available in the pilot |
|---|
| 2735 | | - | project area. Determinations of eligibility for the |
|---|
| 2736 | | - | program, placement, and continued participation shall be |
|---|
| 2737 | | - | made by the division of alcohol and drug abuse, in |
|---|
| 2738 | | - | consultation with the department of corrections. |
|---|
| 2739 | | - | 4. The availability of space in Alt -care shall be |
|---|
| 2740 | | - | determined by the director of the division of alcohol and |
|---|
| 2741 | | - | drug abuse in conjunction with the dire ctor of the |
|---|
| 2742 | | - | department of corrections. If the sentencing court is |
|---|
| 2743 | | - | advised that there is no space available, the court shall |
|---|
| 2744 | | - | consider other authorized dispositions. |
|---|
| 2745 | | - | 208.244. 1. [Beginning January 1, 2016, the waiver of |
|---|
| 2746 | | - | the work requirement for the supplemental nutrition |
|---|
| 2747 | | - | assistance program under 7 U.S.C. Section 2015(o) shall no |
|---|
| 2748 | | - | longer apply to individuals seeking benefits in this state. |
|---|
| 2749 | | - | 81 |
|---|
| 2750 | | - | The provisions of this subsection shall terminate on January |
|---|
| 2751 | | - | 1, 2019. |
|---|
| 2752 | | - | 2.] Any ongoing savings resulting from a reduction in |
|---|
| 2753 | | - | state expenditures due to modification of the supplemental |
|---|
| 2754 | | - | nutrition assistance program under this section or the |
|---|
| 2755 | | - | temporary assistance for needy families program under |
|---|
| 2756 | | - | sections 208.026 and 208.040 effective on August 28, 2015, |
|---|
| 2757 | | - | subject to appropriations, shall be used to provide child |
|---|
| 2758 | | - | care assistance for single parent households, education |
|---|
| 2759 | | - | assistance, transportation assistance, and job training for |
|---|
| 2760 | | - | individuals receiving benefits under such programs as |
|---|
| 2761 | | - | allowable under applicable state and federal law. |
|---|
| 2762 | | - | [3.] 2. The department shall make an annual report to |
|---|
| 2763 | | - | the joint committee on government accountability on the |
|---|
| 2764 | | - | progress of implementation of sections 208.026 and 208.040, |
|---|
| 2765 | | - | including information on enrollment, dem ographics, work |
|---|
| 2766 | | - | participation, and changes to specific policies. The joint |
|---|
| 2767 | | - | committee shall meet at least once a year to review the |
|---|
| 2768 | | - | department's report and shall make recommendations to the |
|---|
| 2769 | | - | president pro tempore of the senate and the speaker of the |
|---|
| 2770 | | - | house of representatives. |
|---|
| 2771 | | - | 208.471. 1. The department of social services shall |
|---|
| 2772 | | - | make payments to those hospitals which have a Medicaid |
|---|
| 2773 | | - | provider agreement with the department. |
|---|
| 2774 | | - | 2. In each state fiscal year, the amount of federal |
|---|
| 2775 | | - | reimbursement allowance levied under sections 208.450 to |
|---|
| 2776 | | - | [208.482] 208.480 shall not exceed forty -five percent of the |
|---|
| 2777 | | - | total payments to hospitals from the federal reimbursement |
|---|
| 2778 | | - | allowance fund and associated federal match, including |
|---|
| 2779 | | - | payments made to hospitals from state-contracted managed |
|---|
| 2780 | | - | care organizations that are attributed to the federal |
|---|
| 2781 | | - | reimbursement allowance fund and associated federal match. |
|---|
| 2782 | | - | By October first of each subsequent state fiscal year, the |
|---|
| 2783 | | - | 82 |
|---|
| 2784 | | - | department shall report this calculation and the underlying |
|---|
| 2785 | | - | data supporting the calculation to the budget committee of |
|---|
| 2786 | | - | the house of representatives and the appropriations |
|---|
| 2787 | | - | committee of the senate. The underlying data shall include |
|---|
| 2788 | | - | the amount of federal reimbursement allowance assessment |
|---|
| 2789 | | - | levied on the hospitals and the total amount of Medicaid |
|---|
| 2790 | | - | payments to hospitals funded by the federal reimbursement |
|---|
| 2791 | | - | allowance, including payments made to hospitals from all |
|---|
| 2792 | | - | state-contracted managed care organizations in aggregate. |
|---|
| 2793 | | - | Payments made by the department to hospitals and payments |
|---|
| 2794 | | - | made, in aggregate, by all state -contracted managed care |
|---|
| 2795 | | - | organizations to hospitals shall be reported separately. |
|---|
| 2796 | | - | Expenditures reported by the department and all state - |
|---|
| 2797 | | - | contracted managed care organizations in aggregate shall be |
|---|
| 2798 | | - | broken down by fund source, inpatient or outpatient category |
|---|
| 2799 | | - | of service, and individual hospital. In addition, the |
|---|
| 2800 | | - | department shall separately and concurrently disclose the |
|---|
| 2801 | | - | amount of hospital payments made by the department and the |
|---|
| 2802 | | - | amount of hospital payments made by each of the managed care |
|---|
| 2803 | | - | plans, with the payment data broken down by plan, fund |
|---|
| 2804 | | - | source, inpatient or outpatient category of service, and |
|---|
| 2805 | | - | individual hospital, to the hospitals receiving such |
|---|
| 2806 | | - | payments specific to that hospital or to an organization |
|---|
| 2807 | | - | designated by such hospitals to receive such data and as |
|---|
| 2808 | | - | otherwise authorized or required by law. Such payment data |
|---|
| 2809 | | - | shall otherwise be regarded as proprietary and confidential |
|---|
| 2810 | | - | under subdivision (15) of section 610.021. |
|---|
| 2811 | | - | 217.151. 1. As used in this section, the following |
|---|
| 2812 | | - | terms shall mean: |
|---|
| 2813 | | - | (1) "Extraordinary circumstance", a substantial flight |
|---|
| 2814 | | - | risk or some other extraordinary medical or security |
|---|
| 2815 | | - | circumstance that dictates restraints be used to ensure the |
|---|
| 2816 | | - | safety and security of a pregnant offender in her third |
|---|
| 2817 | | - | 83 |
|---|
| 2818 | | - | trimester, a postpartum offender forty -eight hours |
|---|
| 2819 | | - | postdelivery, the staff of the correctional center or |
|---|
| 2820 | | - | medical facility, other offenders, or the public; |
|---|
| 2821 | | - | (2) "Labor", the period of time before a bi rth during |
|---|
| 2822 | | - | which contractions are present; |
|---|
| 2823 | | - | (3) "Postpartum", the period of recovery immediately |
|---|
| 2824 | | - | following childbirth, which is six weeks for a vaginal birth |
|---|
| 2825 | | - | or eight weeks for a cesarean birth, or longer if so |
|---|
| 2826 | | - | determined by a physician or nurse; |
|---|
| 2827 | | - | (4) "Restraints", any physical restraint or other |
|---|
| 2828 | | - | device used to control the movement of a person's body or |
|---|
| 2829 | | - | limbs. |
|---|
| 2830 | | - | 2. Unless extraordinary circumstances exist as |
|---|
| 2831 | | - | determined by a corrections officer, a correctional center |
|---|
| 2832 | | - | shall not use restraints on a pregnant offender in her third |
|---|
| 2833 | | - | trimester during transportation to and from visits to health |
|---|
| 2834 | | - | care providers or court proceedings, or during medical |
|---|
| 2835 | | - | appointments and examinations, labor, delivery, or forty - |
|---|
| 2836 | | - | eight hours postdelivery. |
|---|
| 2837 | | - | 3. In the event a corrections officer determines that |
|---|
| 2838 | | - | extraordinary circumstances exist and restraints are |
|---|
| 2839 | | - | necessary, the corrections officer shall fully document in |
|---|
| 2840 | | - | writing within forty -eight hours of the incident the reasons |
|---|
| 2841 | | - | he or she determined such extr aordinary circumstances |
|---|
| 2842 | | - | existed, the type of restraints used, and the reasons those |
|---|
| 2843 | | - | restraints were considered the least restrictive available |
|---|
| 2844 | | - | and the most reasonable under the circumstances. Such |
|---|
| 2845 | | - | documents shall be kept on file by the correctional ce nter |
|---|
| 2846 | | - | for at least ten years from the date the restraints were |
|---|
| 2847 | | - | used. |
|---|
| 2848 | | - | 4. Any time restraints are used on a pregnant offender |
|---|
| 2849 | | - | in her third trimester or on a postpartum offender forty - |
|---|
| 2850 | | - | eight hours postdelivery, the restraints shall be the least |
|---|
| 2851 | | - | 84 |
|---|
| 2852 | | - | restrictive available and the most reasonable under the |
|---|
| 2853 | | - | circumstances. In no case shall leg, ankle, or waist |
|---|
| 2854 | | - | restraints or any mechanical restraints be used on any such |
|---|
| 2855 | | - | offender, and if wrist restraints are used, such restraints |
|---|
| 2856 | | - | shall be placed in the fron t of such offender's body to |
|---|
| 2857 | | - | protect the offender and unborn child in the case of a |
|---|
| 2858 | | - | forward fall. |
|---|
| 2859 | | - | 5. If a doctor, nurse, or other health care provider |
|---|
| 2860 | | - | treating the pregnant offender in her third trimester or the |
|---|
| 2861 | | - | postpartum offender forty -eight hours postdelivery requests |
|---|
| 2862 | | - | that restraints not be used, the corrections officer |
|---|
| 2863 | | - | accompanying such offender shall immediately remove all |
|---|
| 2864 | | - | restraints. |
|---|
| 2865 | | - | 6. Pregnant offenders shall be transported in vehicles |
|---|
| 2866 | | - | equipped with seatbelts. |
|---|
| 2867 | | - | 7. The [sentencing and corrections oversight |
|---|
| 2868 | | - | commission established under section 217.147 and the ] |
|---|
| 2869 | | - | advisory committee established under section 217.015 shall |
|---|
| 2870 | | - | conduct biannual reviews of every report written on the use |
|---|
| 2871 | | - | of restraints on a pregnant offender in her thi rd trimester |
|---|
| 2872 | | - | or on a postpartum offender forty -eight hours postdelivery |
|---|
| 2873 | | - | in accordance with subsection 3 of this section to determine |
|---|
| 2874 | | - | compliance with this section. The written reports shall be |
|---|
| 2875 | | - | kept on file by the department for ten years. |
|---|
| 2876 | | - | 8. The chief administrative officer, or equivalent |
|---|
| 2877 | | - | position, of each correctional center shall: |
|---|
| 2878 | | - | (1) Ensure that employees of the correctional center |
|---|
| 2879 | | - | are provided with training, which may include online |
|---|
| 2880 | | - | training, on the provisions of this section and sect ion |
|---|
| 2881 | | - | 217.147; and |
|---|
| 2882 | | - | (2) Inform female offenders, in writing and orally, of |
|---|
| 2883 | | - | any policies and practices developed in accordance with this |
|---|
| 2884 | | - | section upon admission to the correctional center, including |
|---|
| 2885 | | - | 85 |
|---|
| 2886 | | - | policies and practices in any offender handbook, and post |
|---|
| 2887 | | - | the policies and practices in locations in the correctional |
|---|
| 2888 | | - | center where such notices are commonly posted and will be |
|---|
| 2889 | | - | seen by female offenders, including common housing areas and |
|---|
| 2890 | | - | health care facilities. |
|---|
| 2891 | | - | 9. The provisions of this section sha ll apply only to |
|---|
| 2892 | | - | the department of corrections. |
|---|
| 2893 | | - | 301.140. 1. Upon the transfer of ownership of any |
|---|
| 2894 | | - | motor vehicle or trailer, the certificate of registration |
|---|
| 2895 | | - | and the right to use the number plates shall expire and the |
|---|
| 2896 | | - | number plates shall be removed by the owner at the time of |
|---|
| 2897 | | - | the transfer of possession, and it shall be unlawful for any |
|---|
| 2898 | | - | person other than the person to whom such number plates were |
|---|
| 2899 | | - | originally issued to have the same in his or her possession |
|---|
| 2900 | | - | whether in use or not, unless such possession is solely for |
|---|
| 2901 | | - | charitable purposes; except that the buyer of a motor |
|---|
| 2902 | | - | vehicle or trailer who trades in a motor vehicle or trailer |
|---|
| 2903 | | - | may attach the license plates from the traded -in motor |
|---|
| 2904 | | - | vehicle or trailer to the newly purchased motor vehi cle or |
|---|
| 2905 | | - | trailer. The operation of a motor vehicle with such |
|---|
| 2906 | | - | transferred plates shall be lawful for no more than thirty |
|---|
| 2907 | | - | days[, or no more than ninety days if the dealer is selling |
|---|
| 2908 | | - | the motor vehicle under the provisions of section 301.213, ] |
|---|
| 2909 | | - | or no more than sixty days if the dealer is selling the |
|---|
| 2910 | | - | motor vehicle under the provisions of subsection 5 of |
|---|
| 2911 | | - | section 301.210. As used in this subsection, the term |
|---|
| 2912 | | - | "trade-in motor vehicle or trailer" shall include any single |
|---|
| 2913 | | - | motor vehicle or trailer sold by the b uyer of the newly |
|---|
| 2914 | | - | purchased vehicle or trailer, as long as the license plates |
|---|
| 2915 | | - | for the trade-in motor vehicle or trailer are still valid. |
|---|
| 2916 | | - | 2. In the case of a transfer of ownership the original |
|---|
| 2917 | | - | owner may register another motor vehicle under the same |
|---|
| 2918 | | - | number, upon the payment of a fee of two dollars, if the |
|---|
| 2919 | | - | 86 |
|---|
| 2920 | | - | motor vehicle is of horsepower, gross weight or (in the case |
|---|
| 2921 | | - | of a passenger-carrying commercial motor vehicle) seating |
|---|
| 2922 | | - | capacity, not in excess of that originally registered. When |
|---|
| 2923 | | - | such motor vehicle is of greater horsepower, gross weight or |
|---|
| 2924 | | - | (in the case of a passenger -carrying commercial motor |
|---|
| 2925 | | - | vehicle) seating capacity, for which a greater fee is |
|---|
| 2926 | | - | prescribed, the applicant shall pay a transfer fee of two |
|---|
| 2927 | | - | dollars and a pro rata portion for the difference in fees. |
|---|
| 2928 | | - | When such vehicle is of less horsepower, gross weight or (in |
|---|
| 2929 | | - | case of a passenger-carrying commercial motor vehicle) |
|---|
| 2930 | | - | seating capacity, for which a lesser fee is prescribed, the |
|---|
| 2931 | | - | applicant shall not be entitled to a refund. |
|---|
| 2932 | | - | 3. License plates may be transferred from a motor |
|---|
| 2933 | | - | vehicle which will no longer be operated to a newly |
|---|
| 2934 | | - | purchased motor vehicle by the owner of such vehicles. The |
|---|
| 2935 | | - | owner shall pay a transfer fee of two dollars if the newly |
|---|
| 2936 | | - | purchased vehicle is of horsepower , gross weight or (in the |
|---|
| 2937 | | - | case of a passenger-carrying commercial motor vehicle) |
|---|
| 2938 | | - | seating capacity, not in excess of that of the vehicle which |
|---|
| 2939 | | - | will no longer be operated. When the newly purchased motor |
|---|
| 2940 | | - | vehicle is of greater horsepower, gross weight or (in the |
|---|
| 2941 | | - | case of a passenger-carrying commercial motor vehicle) |
|---|
| 2942 | | - | seating capacity, for which a greater fee is prescribed, the |
|---|
| 2943 | | - | applicant shall pay a transfer fee of two dollars and a pro |
|---|
| 2944 | | - | rata portion of the difference in fees. When the newly |
|---|
| 2945 | | - | purchased vehicle is of less horsepower, gross weight or (in |
|---|
| 2946 | | - | the case of a passenger -carrying commercial motor vehicle) |
|---|
| 2947 | | - | seating capacity, for which a lesser fee is prescribed, the |
|---|
| 2948 | | - | applicant shall not be entitled to a refund. |
|---|
| 2949 | | - | 4. The director of the department of revenue shall |
|---|
| 2950 | | - | have authority to produce or allow others to produce a |
|---|
| 2951 | | - | weather resistant, nontearing temporary permit authorizing |
|---|
| 2952 | | - | the operation of a motor vehicle or trailer by a buyer for |
|---|
| 2953 | | - | 87 |
|---|
| 2954 | | - | not more than thirty days [, or no more than ninety days if |
|---|
| 2955 | | - | issued by a dealer selling the motor vehicle under the |
|---|
| 2956 | | - | provisions of section 301.213, ] or no more than sixty days |
|---|
| 2957 | | - | if issued by a dealer selling the motor vehicle under the |
|---|
| 2958 | | - | provisions of subsection 5 of section 301.210, from the date |
|---|
| 2959 | | - | of purchase. The temporary permit authorized under this |
|---|
| 2960 | | - | section may be purchased by the purchaser of a motor vehicle |
|---|
| 2961 | | - | or trailer from the central office of the department of |
|---|
| 2962 | | - | revenue or from an authorized agent of the department of |
|---|
| 2963 | | - | revenue upon proof of purchase of a motor vehicle or trailer |
|---|
| 2964 | | - | for which the buyer has no registration plate available for |
|---|
| 2965 | | - | transfer and upon proof of financial responsibility, or from |
|---|
| 2966 | | - | a motor vehicle dealer upon purchase of a motor vehicle or |
|---|
| 2967 | | - | trailer for which the buyer has no registration plat e |
|---|
| 2968 | | - | available for transfer, or from a motor vehicle dealer upon |
|---|
| 2969 | | - | purchase of a motor vehicle or trailer for which the buyer |
|---|
| 2970 | | - | has registered and is awaiting receipt of registration |
|---|
| 2971 | | - | plates. The director of the department of revenue or a |
|---|
| 2972 | | - | producer authorized by the director of the department of |
|---|
| 2973 | | - | revenue may make temporary permits available to registered |
|---|
| 2974 | | - | dealers in this state, authorized agents of the department |
|---|
| 2975 | | - | of revenue or the department of revenue. The price paid by |
|---|
| 2976 | | - | a motor vehicle dealer, an authorize d agent of the |
|---|
| 2977 | | - | department of revenue or the department of revenue for a |
|---|
| 2978 | | - | temporary permit shall not exceed five dollars for each |
|---|
| 2979 | | - | permit. The director of the department of revenue shall |
|---|
| 2980 | | - | direct motor vehicle dealers and authorized agents to obtain |
|---|
| 2981 | | - | temporary permits from an authorized producer. Amounts |
|---|
| 2982 | | - | received by the director of the department of revenue for |
|---|
| 2983 | | - | temporary permits shall constitute state revenue; however, |
|---|
| 2984 | | - | amounts received by an authorized producer other than the |
|---|
| 2985 | | - | director of the department of revenue shall not constitute |
|---|
| 2986 | | - | state revenue and any amounts received by motor vehicle |
|---|
| 2987 | | - | 88 |
|---|
| 2988 | | - | dealers or authorized agents for temporary permits purchased |
|---|
| 2989 | | - | from a producer other than the director of the department of |
|---|
| 2990 | | - | revenue shall not constitute state revenu e. In no event |
|---|
| 2991 | | - | shall revenues from the general revenue fund or any other |
|---|
| 2992 | | - | state fund be utilized to compensate motor vehicle dealers |
|---|
| 2993 | | - | or other producers for their role in producing temporary |
|---|
| 2994 | | - | permits as authorized under this section. Amounts that do |
|---|
| 2995 | | - | not constitute state revenue under this section shall also |
|---|
| 2996 | | - | not constitute fees for registration or certificates of |
|---|
| 2997 | | - | title to be collected by the director of the department of |
|---|
| 2998 | | - | revenue under section 301.190. No motor vehicle dealer, |
|---|
| 2999 | | - | authorized agent or the department of revenue shall charge |
|---|
| 3000 | | - | more than five dollars for each permit issued. The permit |
|---|
| 3001 | | - | shall be valid for a period of thirty days [, or no more than |
|---|
| 3002 | | - | ninety days if issued by a dealer selling the motor vehicle |
|---|
| 3003 | | - | under the provisions of section 301. 213,] or no more than |
|---|
| 3004 | | - | sixty days if issued by a dealer selling the motor vehicle |
|---|
| 3005 | | - | under the provisions of subsection 5 of section 301.210, |
|---|
| 3006 | | - | from the date of purchase of a motor vehicle or trailer, or |
|---|
| 3007 | | - | from the date of sale of the motor vehicle or trailer by a |
|---|
| 3008 | | - | motor vehicle dealer for which the purchaser obtains a |
|---|
| 3009 | | - | permit as set out above. No permit shall be issued for a |
|---|
| 3010 | | - | vehicle under this section unless the buyer shows proof of |
|---|
| 3011 | | - | financial responsibility. Each temporary permit issued |
|---|
| 3012 | | - | shall be securely fastened to the back or rear of the motor |
|---|
| 3013 | | - | vehicle in a manner and place on the motor vehicle |
|---|
| 3014 | | - | consistent with registration plates so that all parts and |
|---|
| 3015 | | - | qualities of the temporary permit thereof shall be plainly |
|---|
| 3016 | | - | and clearly visible, reasonably clean and are not impaired |
|---|
| 3017 | | - | in any way. |
|---|
| 3018 | | - | 5. The permit shall be issued on a form prescribed by |
|---|
| 3019 | | - | the director of the department of revenue and issued only |
|---|
| 3020 | | - | for the applicant's temporary operation of the motor vehicle |
|---|
| 3021 | | - | 89 |
|---|
| 3022 | | - | or trailer purchased to enable the applicant to temporarily |
|---|
| 3023 | | - | operate the motor vehicle while proper title and |
|---|
| 3024 | | - | registration plates are being obtained, or while awaiting |
|---|
| 3025 | | - | receipt of registration plates, and shall be displayed on no |
|---|
| 3026 | | - | other motor vehicle. Temporary permits issued pursuant to |
|---|
| 3027 | | - | this section shall not be transferable or renewable, shall |
|---|
| 3028 | | - | not be valid upon issuance of proper registration plates for |
|---|
| 3029 | | - | the motor vehicle or trailer, and shall be returned to the |
|---|
| 3030 | | - | department or to the department's agent upon the issuance of |
|---|
| 3031 | | - | such proper registra tion plates. Any temporary permit |
|---|
| 3032 | | - | returned to the department or to the department's agent |
|---|
| 3033 | | - | shall be immediately destroyed. The provisions of this |
|---|
| 3034 | | - | subsection shall not apply to temporary permits issued for |
|---|
| 3035 | | - | commercial motor vehicles licensed in excess o f twenty-four |
|---|
| 3036 | | - | thousand pounds gross weight. The director of the |
|---|
| 3037 | | - | department of revenue shall determine the size, material, |
|---|
| 3038 | | - | design, numbering configuration, construction, and color of |
|---|
| 3039 | | - | the permit. The director of the department of revenue, at |
|---|
| 3040 | | - | his or her discretion, shall have the authority to reissue, |
|---|
| 3041 | | - | and thereby extend the use of, a temporary permit previously |
|---|
| 3042 | | - | and legally issued for a motor vehicle or trailer while |
|---|
| 3043 | | - | proper title and registration are being obtained. |
|---|
| 3044 | | - | 6. Every motor vehicle dealer that issues temporary |
|---|
| 3045 | | - | permits shall keep, for inspection by proper officers, an |
|---|
| 3046 | | - | accurate record of each permit issued by recording the |
|---|
| 3047 | | - | permit number, the motor vehicle dealer's number, buyer's |
|---|
| 3048 | | - | name and address, the motor vehicle's year, make, and |
|---|
| 3049 | | - | manufacturer's vehicle identification number, and the |
|---|
| 3050 | | - | permit's date of issuance and expiration date. Upon the |
|---|
| 3051 | | - | issuance of a temporary permit by either the central office |
|---|
| 3052 | | - | of the department of revenue, a motor vehicle dealer or an |
|---|
| 3053 | | - | authorized agent of the d epartment of revenue, the director |
|---|
| 3054 | | - | of the department of revenue shall make the information |
|---|
| 3055 | | - | 90 |
|---|
| 3056 | | - | associated with the issued temporary permit immediately |
|---|
| 3057 | | - | available to the law enforcement community of the state of |
|---|
| 3058 | | - | Missouri. |
|---|
| 3059 | | - | 7. Upon the transfer of owners hip of any currently |
|---|
| 3060 | | - | registered motor vehicle wherein the owner cannot transfer |
|---|
| 3061 | | - | the license plates due to a change of motor vehicle |
|---|
| 3062 | | - | category, the owner may surrender the license plates issued |
|---|
| 3063 | | - | to the motor vehicle and receive credit for any unused |
|---|
| 3064 | | - | portion of the original registration fee against the |
|---|
| 3065 | | - | registration fee of another motor vehicle. Such credit |
|---|
| 3066 | | - | shall be granted based upon the date the license plates are |
|---|
| 3067 | | - | surrendered. No refunds shall be made on the unused portion |
|---|
| 3068 | | - | of any license plates surr endered for such credit. |
|---|
| 3069 | | - | 8. An additional temporary license plate produced in a |
|---|
| 3070 | | - | manner and of materials determined by the director to be the |
|---|
| 3071 | | - | most cost-effective means of production with a configuration |
|---|
| 3072 | | - | that matches an existing or newly issued plat e may be |
|---|
| 3073 | | - | purchased by a motor vehicle owner to be placed in the |
|---|
| 3074 | | - | interior of the vehicle's rear window such that the driver's |
|---|
| 3075 | | - | view out of the rear window is not obstructed and the plate |
|---|
| 3076 | | - | configuration is clearly visible from the outside of the |
|---|
| 3077 | | - | vehicle to serve as the visible plate when a bicycle rack or |
|---|
| 3078 | | - | other item obstructs the view of the actual plate. Such |
|---|
| 3079 | | - | temporary plate is only authorized for use when the matching |
|---|
| 3080 | | - | actual plate is affixed to the vehicle in the manner |
|---|
| 3081 | | - | prescribed in subsection 5 of section 301.130. The fee |
|---|
| 3082 | | - | charged for the temporary plate shall be equal to the fee |
|---|
| 3083 | | - | charged for a temporary permit issued under subsection 4 of |
|---|
| 3084 | | - | this section. Replacement temporary plates authorized in |
|---|
| 3085 | | - | this subsection may be issued as needed upon the payment of |
|---|
| 3086 | | - | a fee equal to the fee charged for a temporary permit under |
|---|
| 3087 | | - | subsection 4 of this section. The newly produced third |
|---|
| 3088 | | - | plate may only be used on the vehicle with the matching |
|---|
| 3089 | | - | 91 |
|---|
| 3090 | | - | plate, and the additional plate shall be clearly |
|---|
| 3091 | | - | recognizable as a third plate and only used for the purpose |
|---|
| 3092 | | - | specified in this subsection. |
|---|
| 3093 | | - | 9. Notwithstanding the provisions of section 301.217, |
|---|
| 3094 | | - | the director may issue a temporary permit to an individual |
|---|
| 3095 | | - | who possesses a salvage motor vehicle which requires an |
|---|
| 3096 | | - | inspection under subsection 9 of section 301.190. The |
|---|
| 3097 | | - | operation of a salvage motor vehicle for which the permit |
|---|
| 3098 | | - | has been issued shall be limited to the most direct route |
|---|
| 3099 | | - | from the residence, maintenance, or storage facility of the |
|---|
| 3100 | | - | individual in possession of such motor vehicle to the |
|---|
| 3101 | | - | nearest authorized inspection facility and return to the |
|---|
| 3102 | | - | originating location. Notwithstanding any other |
|---|
| 3103 | | - | requirements for the issuance of a temporary permit under |
|---|
| 3104 | | - | this section, an individual obtaining a temporary permit for |
|---|
| 3105 | | - | the purpose of operating a motor vehicle to and from an |
|---|
| 3106 | | - | examination facility as prescribed in this subsection shall |
|---|
| 3107 | | - | also purchase the required motor vehicle examination form |
|---|
| 3108 | | - | which is required to be completed for an examination under |
|---|
| 3109 | | - | subsection 9 of section 301.190 and provide satisfactory |
|---|
| 3110 | | - | evidence that such vehicle has passed a motor vehicle safety |
|---|
| 3111 | | - | inspection for such vehicle as required in section 307.350. |
|---|
| 3112 | | - | 10. The director of the department of revenue may |
|---|
| 3113 | | - | promulgate all necessary rules and re gulations for the |
|---|
| 3114 | | - | administration of this section. Any rule or portion of a |
|---|
| 3115 | | - | rule, as that term is defined in section 536.010, that is |
|---|
| 3116 | | - | created under the authority delegated in this section shall |
|---|
| 3117 | | - | become effective only if it complies with and is subject t o |
|---|
| 3118 | | - | all of the provisions of chapter 536 and, if applicable, |
|---|
| 3119 | | - | section 536.028. This section and chapter 536 are |
|---|
| 3120 | | - | nonseverable and if any of the powers vested with the |
|---|
| 3121 | | - | general assembly pursuant to chapter 536 to review, to delay |
|---|
| 3122 | | - | the effective date, or to disapprove and annul a rule are |
|---|
| 3123 | | - | 92 |
|---|
| 3124 | | - | subsequently held unconstitutional, then the grant of |
|---|
| 3125 | | - | rulemaking authority and any rule proposed or adopted after |
|---|
| 3126 | | - | August 28, 2012, shall be invalid and void. |
|---|
| 3127 | | - | 11. The repeal and reenactment of this section shall |
|---|
| 3128 | | - | become effective on the date the department of revenue or a |
|---|
| 3129 | | - | producer authorized by the director of the department of |
|---|
| 3130 | | - | revenue begins producing temporary permits described in |
|---|
| 3131 | | - | subsection 4 of such section, or on July 1, 2013, whichever |
|---|
| 3132 | | - | occurs first. If the director of revenue or a producer |
|---|
| 3133 | | - | authorized by the director of the department of revenue |
|---|
| 3134 | | - | begins producing temporary permits prior to July 1, 2013, |
|---|
| 3135 | | - | the director of the department of revenue shall notify the |
|---|
| 3136 | | - | revisor of statutes of such fact. |
|---|
| 3137 | | - | 301.190. 1. No certificate of registration of any |
|---|
| 3138 | | - | motor vehicle or trailer, or number plate therefor, shall be |
|---|
| 3139 | | - | issued by the director of revenue unless the applicant |
|---|
| 3140 | | - | therefor shall make application for and be granted a |
|---|
| 3141 | | - | certificate of ownership o f such motor vehicle or trailer, |
|---|
| 3142 | | - | or shall present satisfactory evidence that such certificate |
|---|
| 3143 | | - | has been previously issued to the applicant for such motor |
|---|
| 3144 | | - | vehicle or trailer. Application shall be made within thirty |
|---|
| 3145 | | - | days after the applicant acquires the motor vehicle or |
|---|
| 3146 | | - | trailer, unless the motor vehicle was acquired under |
|---|
| 3147 | | - | [section 301.213 or] subsection 5 of section 301.210 in |
|---|
| 3148 | | - | which case the applicant shall make application within |
|---|
| 3149 | | - | thirty days after receiving title from the dealer, upon a |
|---|
| 3150 | | - | blank form furnished by the director of revenue and shall |
|---|
| 3151 | | - | contain the applicant's identification number, a full |
|---|
| 3152 | | - | description of the motor vehicle or trailer, the vehicle |
|---|
| 3153 | | - | identification number, and the mileage registered on the |
|---|
| 3154 | | - | odometer at the time of transfer of ow nership, as required |
|---|
| 3155 | | - | by section 407.536, together with a statement of the |
|---|
| 3156 | | - | applicant's source of title and of any liens or encumbrances |
|---|
| 3157 | | - | 93 |
|---|
| 3158 | | - | on the motor vehicle or trailer, provided that for good |
|---|
| 3159 | | - | cause shown the director of revenue may extend the period of |
|---|
| 3160 | | - | time for making such application. When an owner wants to |
|---|
| 3161 | | - | add or delete a name or names on an application for |
|---|
| 3162 | | - | certificate of ownership of a motor vehicle or trailer that |
|---|
| 3163 | | - | would cause it to be inconsistent with the name or names |
|---|
| 3164 | | - | listed on the notice of lien, the owner shall provide the |
|---|
| 3165 | | - | director with documentation evidencing the lienholder's |
|---|
| 3166 | | - | authorization to add or delete a name or names on an |
|---|
| 3167 | | - | application for certificate of ownership. |
|---|
| 3168 | | - | 2. The director of revenue shall use reasonable |
|---|
| 3169 | | - | diligence in ascertaining whether the facts stated in such |
|---|
| 3170 | | - | application are true and shall, to the extent possible |
|---|
| 3171 | | - | without substantially delaying processing of the |
|---|
| 3172 | | - | application, review any odometer information pertaining to |
|---|
| 3173 | | - | such motor vehicle that is accessible to th e director of |
|---|
| 3174 | | - | revenue. If satisfied that the applicant is the lawful |
|---|
| 3175 | | - | owner of such motor vehicle or trailer, or otherwise |
|---|
| 3176 | | - | entitled to have the same registered in his name, the |
|---|
| 3177 | | - | director shall thereupon issue an appropriate certificate |
|---|
| 3178 | | - | over his signature and sealed with the seal of his office, |
|---|
| 3179 | | - | procured and used for such purpose. The certificate shall |
|---|
| 3180 | | - | contain on its face a complete description, vehicle |
|---|
| 3181 | | - | identification number, and other evidence of identification |
|---|
| 3182 | | - | of the motor vehicle or trailer, as th e director of revenue |
|---|
| 3183 | | - | may deem necessary, together with the odometer information |
|---|
| 3184 | | - | required to be put on the face of the certificate pursuant |
|---|
| 3185 | | - | to section 407.536, a statement of any liens or encumbrances |
|---|
| 3186 | | - | which the application may show to be thereon, and, if |
|---|
| 3187 | | - | ownership of the vehicle has been transferred, the name of |
|---|
| 3188 | | - | the state issuing the transferor's title and whether the |
|---|
| 3189 | | - | transferor's odometer mileage statement executed pursuant to |
|---|
| 3190 | | - | section 407.536 indicated that the true mileage is |
|---|
| 3191 | | - | 94 |
|---|
| 3192 | | - | materially different from the number of miles shown on the |
|---|
| 3193 | | - | odometer, or is unknown. |
|---|
| 3194 | | - | 3. The director of revenue shall appropriately |
|---|
| 3195 | | - | designate on the current and all subsequent issues of the |
|---|
| 3196 | | - | certificate the words "Reconstructed Motor Vehicle", "Motor |
|---|
| 3197 | | - | Change Vehicle", "Specially Constructed Motor Vehicle", or |
|---|
| 3198 | | - | "Non-USA-Std Motor Vehicle", as defined in section 301.010. |
|---|
| 3199 | | - | Effective July 1, 1990, on all original and all subsequent |
|---|
| 3200 | | - | issues of the certificate for motor vehicles as referenced |
|---|
| 3201 | | - | in subsections 2 and 3 of secti on 301.020, the director |
|---|
| 3202 | | - | shall print on the face thereof the following designation: |
|---|
| 3203 | | - | "Annual odometer updates may be available from the |
|---|
| 3204 | | - | department of revenue.". On any duplicate certificate, the |
|---|
| 3205 | | - | director of revenue shall reprint on the face thereof th e |
|---|
| 3206 | | - | most recent of either: |
|---|
| 3207 | | - | (1) The mileage information included on the face of |
|---|
| 3208 | | - | the immediately prior certificate and the date of purchase |
|---|
| 3209 | | - | or issuance of the immediately prior certificate; or |
|---|
| 3210 | | - | (2) Any other mileage information provided to the |
|---|
| 3211 | | - | director of revenue, and the date the director obtained or |
|---|
| 3212 | | - | recorded that information. |
|---|
| 3213 | | - | 4. The certificate of ownership issued by the director |
|---|
| 3214 | | - | of revenue shall be manufactured in a manner to prohibit as |
|---|
| 3215 | | - | nearly as possible the ability to alter, counte rfeit, |
|---|
| 3216 | | - | duplicate, or forge such certificate without ready |
|---|
| 3217 | | - | detection. In order to carry out the requirements of this |
|---|
| 3218 | | - | subsection, the director of revenue may contract with a |
|---|
| 3219 | | - | nonprofit scientific or educational institution specializing |
|---|
| 3220 | | - | in the analysis of secure documents to determine the most |
|---|
| 3221 | | - | effective methods of rendering Missouri certificates of |
|---|
| 3222 | | - | ownership nonalterable or noncounterfeitable. |
|---|
| 3223 | | - | 5. The fee for each original certificate so issued |
|---|
| 3224 | | - | shall be eight dollars and fifty cents, in addition t o the |
|---|
| 3225 | | - | 95 |
|---|
| 3226 | | - | fee for registration of such motor vehicle or trailer. If |
|---|
| 3227 | | - | application for the certificate is not made within thirty |
|---|
| 3228 | | - | days after the vehicle is acquired by the applicant, or |
|---|
| 3229 | | - | where the motor vehicle was acquired under [section 301.213 |
|---|
| 3230 | | - | or] subsection 5 of section 301.210 and the applicant fails |
|---|
| 3231 | | - | to make application within thirty days after receiving title |
|---|
| 3232 | | - | from the dealer, a delinquency penalty fee of twenty -five |
|---|
| 3233 | | - | dollars for the first thirty days of delinquency and twenty - |
|---|
| 3234 | | - | five dollars for each thi rty days of delinquency thereafter, |
|---|
| 3235 | | - | not to exceed a total of two hundred dollars, but such |
|---|
| 3236 | | - | penalty may be waived by the director for a good cause |
|---|
| 3237 | | - | shown. If the director of revenue learns that any person |
|---|
| 3238 | | - | has failed to obtain a certificate within thirty days after |
|---|
| 3239 | | - | acquiring a motor vehicle or trailer, or where the motor |
|---|
| 3240 | | - | vehicle was acquired under [section 301.213 or] subsection 5 |
|---|
| 3241 | | - | of section 301.210 and the applicant fails to make |
|---|
| 3242 | | - | application within thirty days after receiving title from |
|---|
| 3243 | | - | the dealer, or has sold a vehicle without obtaining a |
|---|
| 3244 | | - | certificate, he shall cancel the registration of all |
|---|
| 3245 | | - | vehicles registered in the name of the person, either as |
|---|
| 3246 | | - | sole owner or as a co -owner, and shall notify the person |
|---|
| 3247 | | - | that the cancellation will remain in force until the person |
|---|
| 3248 | | - | pays the delinquency penalty fee provided in this section, |
|---|
| 3249 | | - | together with all fees, charges and payments which the |
|---|
| 3250 | | - | person should have paid in connection with the certificate |
|---|
| 3251 | | - | of ownership and registration of the vehicle. The |
|---|
| 3252 | | - | certificate shall be good for the life of the motor vehicle |
|---|
| 3253 | | - | or trailer so long as the same is owned or held by the |
|---|
| 3254 | | - | original holder of the certificate and shall not have to be |
|---|
| 3255 | | - | renewed annually. |
|---|
| 3256 | | - | 6. Any applicant for a certificate of ownership |
|---|
| 3257 | | - | requesting the department of revenue to process an |
|---|
| 3258 | | - | application for a certificate of ownership in an expeditious |
|---|
| 3259 | | - | 96 |
|---|
| 3260 | | - | manner requiring special handling shall pay a fee of five |
|---|
| 3261 | | - | dollars in addition to the regular certificate of ownership |
|---|
| 3262 | | - | fee. |
|---|
| 3263 | | - | 7. It is unlawful for any person to operate in this |
|---|
| 3264 | | - | state a motor vehicle or trailer required to be registered |
|---|
| 3265 | | - | under the provisions of the law unless a certificate of |
|---|
| 3266 | | - | ownership has been applied for as provided in this section. |
|---|
| 3267 | | - | 8. Before an original Missouri certificate of |
|---|
| 3268 | | - | ownership is issued, an inspection of the vehicle and a |
|---|
| 3269 | | - | verification of vehicle identification numbers shall be made |
|---|
| 3270 | | - | by the Missouri state highway patrol on vehicles for which |
|---|
| 3271 | | - | there is a current title issued by another state if a |
|---|
| 3272 | | - | Missouri salvage cert ificate of title has been issued for |
|---|
| 3273 | | - | the same vehicle but no prior inspection and verification |
|---|
| 3274 | | - | has been made in this state, except that if such vehicle has |
|---|
| 3275 | | - | been inspected in another state by a law enforcement officer |
|---|
| 3276 | | - | in a manner comparable to the inspe ction process in this |
|---|
| 3277 | | - | state and the vehicle identification numbers have been so |
|---|
| 3278 | | - | verified, the applicant shall not be liable for the twenty - |
|---|
| 3279 | | - | five dollar inspection fee if such applicant submits proof |
|---|
| 3280 | | - | of inspection and vehicle identification number verifi cation |
|---|
| 3281 | | - | to the director of revenue at the time of the application. |
|---|
| 3282 | | - | The applicant, who has such a title for a vehicle on which |
|---|
| 3283 | | - | no prior inspection and verification have been made, shall |
|---|
| 3284 | | - | pay a fee of twenty-five dollars for such verification and |
|---|
| 3285 | | - | inspection, payable to the director of revenue at the time |
|---|
| 3286 | | - | of the request for the application, which shall be deposited |
|---|
| 3287 | | - | in the state treasury to the credit of the state highways |
|---|
| 3288 | | - | and transportation department fund. |
|---|
| 3289 | | - | 9. Each application for an original Miss ouri |
|---|
| 3290 | | - | certificate of ownership for a vehicle which is classified |
|---|
| 3291 | | - | as a reconstructed motor vehicle, specially constructed |
|---|
| 3292 | | - | motor vehicle, kit vehicle, motor change vehicle, non -USA- |
|---|
| 3293 | | - | 97 |
|---|
| 3294 | | - | std motor vehicle, or other vehicle as required by the |
|---|
| 3295 | | - | director of revenue shall be accompanied by a vehicle |
|---|
| 3296 | | - | examination certificate issued by the Missouri state highway |
|---|
| 3297 | | - | patrol, or other law enforcement agency as authorized by the |
|---|
| 3298 | | - | director of revenue. The vehicle examination shall include |
|---|
| 3299 | | - | a verification of vehicle identifi cation numbers and a |
|---|
| 3300 | | - | determination of the classification of the vehicle. The |
|---|
| 3301 | | - | owner of a vehicle which requires a vehicle examination |
|---|
| 3302 | | - | certificate shall present the vehicle for examination and |
|---|
| 3303 | | - | obtain a completed vehicle examination certificate prior to |
|---|
| 3304 | | - | submitting an application for a certificate of ownership to |
|---|
| 3305 | | - | the director of revenue. Notwithstanding any provision of |
|---|
| 3306 | | - | the law to the contrary, an owner presenting a motor vehicle |
|---|
| 3307 | | - | which has been issued a salvage title and which is ten years |
|---|
| 3308 | | - | of age or older to a vehicle examination described in this |
|---|
| 3309 | | - | subsection in order to obtain a certificate of ownership |
|---|
| 3310 | | - | with the designation prior salvage motor vehicle shall not |
|---|
| 3311 | | - | be required to repair or restore the vehicle to its original |
|---|
| 3312 | | - | appearance in order to pas s or complete the vehicle |
|---|
| 3313 | | - | examination. The fee for the vehicle examination |
|---|
| 3314 | | - | application shall be twenty -five dollars and shall be |
|---|
| 3315 | | - | collected by the director of revenue at the time of the |
|---|
| 3316 | | - | request for the application and shall be deposited in the |
|---|
| 3317 | | - | state treasury to the credit of the state highways and |
|---|
| 3318 | | - | transportation department fund. If the vehicle is also to |
|---|
| 3319 | | - | be registered in Missouri, the safety inspection required in |
|---|
| 3320 | | - | chapter 307 and the emissions inspection required under |
|---|
| 3321 | | - | chapter 643 shall be complet ed and the fees required by |
|---|
| 3322 | | - | section 307.365 and section 643.315 shall be charged to the |
|---|
| 3323 | | - | owner. |
|---|
| 3324 | | - | 10. When an application is made for an original |
|---|
| 3325 | | - | Missouri certificate of ownership for a motor vehicle |
|---|
| 3326 | | - | previously registered or titled in a state other than |
|---|
| 3327 | | - | 98 |
|---|
| 3328 | | - | Missouri or as required by section 301.020, it shall be |
|---|
| 3329 | | - | accompanied by a current inspection form certified by a duly |
|---|
| 3330 | | - | authorized official inspection station as described in |
|---|
| 3331 | | - | chapter 307. The completed form shall certify that the |
|---|
| 3332 | | - | manufacturer's identification number for the vehicle has |
|---|
| 3333 | | - | been inspected, that it is correctly displayed on the |
|---|
| 3334 | | - | vehicle and shall certify the reading shown on the odometer |
|---|
| 3335 | | - | at the time of inspection. The inspection station shall |
|---|
| 3336 | | - | collect the same fee as authorized in sect ion 307.365 for |
|---|
| 3337 | | - | making the inspection, and the fee shall be deposited in the |
|---|
| 3338 | | - | same manner as provided in section 307.365. If the vehicle |
|---|
| 3339 | | - | is also to be registered in Missouri, the safety inspection |
|---|
| 3340 | | - | required in chapter 307 and the emissions inspection |
|---|
| 3341 | | - | required under chapter 643 shall be completed and only the |
|---|
| 3342 | | - | fees required by section 307.365 and section 643.315 shall |
|---|
| 3343 | | - | be charged to the owner. This section shall not apply to |
|---|
| 3344 | | - | vehicles being transferred on a manufacturer's statement of |
|---|
| 3345 | | - | origin. |
|---|
| 3346 | | - | 11. Motor vehicles brought into this state in a |
|---|
| 3347 | | - | wrecked or damaged condition or after being towed as an |
|---|
| 3348 | | - | abandoned vehicle pursuant to another state's abandoned |
|---|
| 3349 | | - | motor vehicle procedures shall, in lieu of the inspection |
|---|
| 3350 | | - | required by subsection 10 of this sec tion, be inspected by |
|---|
| 3351 | | - | the Missouri state highway patrol in accordance with |
|---|
| 3352 | | - | subsection 9 of this section. If the inspection reveals the |
|---|
| 3353 | | - | vehicle to be in a salvage or junk condition, the director |
|---|
| 3354 | | - | shall so indicate on any Missouri certificate of ownershi p |
|---|
| 3355 | | - | issued for such vehicle. Any salvage designation shall be |
|---|
| 3356 | | - | carried forward on all subsequently issued certificates of |
|---|
| 3357 | | - | title for the motor vehicle. |
|---|
| 3358 | | - | 12. When an application is made for an original |
|---|
| 3359 | | - | Missouri certificate of ownership for a motor veh icle |
|---|
| 3360 | | - | previously registered or titled in a state other than |
|---|
| 3361 | | - | 99 |
|---|
| 3362 | | - | Missouri, and the certificate of ownership has been |
|---|
| 3363 | | - | appropriately designated by the issuing state as a |
|---|
| 3364 | | - | reconstructed motor vehicle, motor change vehicle, specially |
|---|
| 3365 | | - | constructed motor vehicle, o r prior salvage vehicle, the |
|---|
| 3366 | | - | director of revenue shall appropriately designate on the |
|---|
| 3367 | | - | current Missouri and all subsequent issues of the |
|---|
| 3368 | | - | certificate of ownership the name of the issuing state and |
|---|
| 3369 | | - | such prior designation. The absence of any prior |
|---|
| 3370 | | - | designation shall not relieve a transferor of the duty to |
|---|
| 3371 | | - | exercise due diligence with regard to such certificate of |
|---|
| 3372 | | - | ownership prior to the transfer of a certificate. If a |
|---|
| 3373 | | - | transferor exercises any due diligence with regard to a |
|---|
| 3374 | | - | certificate of ownership, the legal transfer of a |
|---|
| 3375 | | - | certificate of ownership without any designation that is |
|---|
| 3376 | | - | subsequently discovered to have or should have had a |
|---|
| 3377 | | - | designation shall be a transfer free and clear of any |
|---|
| 3378 | | - | liabilities of the transferor associated with the missing |
|---|
| 3379 | | - | designation. |
|---|
| 3380 | | - | 13. When an application is made for an original |
|---|
| 3381 | | - | Missouri certificate of ownership for a motor vehicle |
|---|
| 3382 | | - | previously registered or titled in a state other than |
|---|
| 3383 | | - | Missouri, and the certificate of ownership has been |
|---|
| 3384 | | - | appropriately designated by the is suing state as non-USA-std |
|---|
| 3385 | | - | motor vehicle, the director of revenue shall appropriately |
|---|
| 3386 | | - | designate on the current Missouri and all subsequent issues |
|---|
| 3387 | | - | of the certificate of ownership the words "Non -USA-Std Motor |
|---|
| 3388 | | - | Vehicle". |
|---|
| 3389 | | - | 14. The director of revenue a nd the superintendent of |
|---|
| 3390 | | - | the Missouri state highway patrol shall make and enforce |
|---|
| 3391 | | - | rules for the administration of the inspections required by |
|---|
| 3392 | | - | this section. |
|---|
| 3393 | | - | 15. Each application for an original Missouri |
|---|
| 3394 | | - | certificate of ownership for a vehicle which is classified |
|---|
| 3395 | | - | 100 |
|---|
| 3396 | | - | as a reconstructed motor vehicle, manufactured forty or more |
|---|
| 3397 | | - | years prior to the current model year, and which has a value |
|---|
| 3398 | | - | of three thousand dollars or less shall be accompanied by: |
|---|
| 3399 | | - | (1) A proper affidavit submitted by the owner |
|---|
| 3400 | | - | explaining how the motor vehicle or trailer was acquired |
|---|
| 3401 | | - | and, if applicable, the reasons a valid certificate of |
|---|
| 3402 | | - | ownership cannot be furnished; |
|---|
| 3403 | | - | (2) Photocopies of receipts, bills of sale |
|---|
| 3404 | | - | establishing ownership, or titles, and the source of all |
|---|
| 3405 | | - | major component parts used to rebuild the vehicle; |
|---|
| 3406 | | - | (3) A fee of one hundred fifty dollars in addition to |
|---|
| 3407 | | - | the fees described in subsection 5 of this section. Such |
|---|
| 3408 | | - | fee shall be deposited in the state treasury to the credit |
|---|
| 3409 | | - | of the state highways and transp ortation department fund; and |
|---|
| 3410 | | - | (4) An inspection certificate, other than a motor |
|---|
| 3411 | | - | vehicle examination certificate required under subsection 9 |
|---|
| 3412 | | - | of this section, completed and issued by the Missouri state |
|---|
| 3413 | | - | highway patrol, or other law enforcement agency as |
|---|
| 3414 | | - | authorized by the director of revenue. The inspection |
|---|
| 3415 | | - | performed by the highway patrol or other authorized local |
|---|
| 3416 | | - | law enforcement agency shall include a check for stolen |
|---|
| 3417 | | - | vehicles. |
|---|
| 3418 | | - | The department of revenue shall issue the owner a |
|---|
| 3419 | | - | certificate of ownership designated with the words |
|---|
| 3420 | | - | "Reconstructed Motor Vehicle" and deliver such certificate |
|---|
| 3421 | | - | of ownership in accordance with the provisions of this |
|---|
| 3422 | | - | chapter. Notwithstanding subsection 9 of this section, no |
|---|
| 3423 | | - | owner of a reconstructed motor vehicle describ ed in this |
|---|
| 3424 | | - | subsection shall be required to obtain a vehicle examination |
|---|
| 3425 | | - | certificate issued by the Missouri state highway patrol. |
|---|
| 3426 | | - | 301.562. 1. The department may refuse to issue or |
|---|
| 3427 | | - | renew any license required pursuant to sections 301.550 to |
|---|
| 3428 | | - | 301.580 for any one or any combination of causes stated in |
|---|
| 3429 | | - | 101 |
|---|
| 3430 | | - | subsection 2 of this section. The department shall notify |
|---|
| 3431 | | - | the applicant or licensee in writing at his or her last |
|---|
| 3432 | | - | known address of the reasons for the refusal to issue or |
|---|
| 3433 | | - | renew the license and shall advise the applicant or licensee |
|---|
| 3434 | | - | of his or her right to file a complaint with the |
|---|
| 3435 | | - | administrative hearing commission as provided by chapter 621. |
|---|
| 3436 | | - | 2. The department may cause a complaint to be filed |
|---|
| 3437 | | - | with the administrative hearing commissi on as provided by |
|---|
| 3438 | | - | chapter 621 against any holder of any license issued under |
|---|
| 3439 | | - | sections 301.550 to 301.580 for any one or any combination |
|---|
| 3440 | | - | of the following causes: |
|---|
| 3441 | | - | (1) The applicant or license holder was previously the |
|---|
| 3442 | | - | holder of a license issued und er sections 301.550 to |
|---|
| 3443 | | - | 301.580, which license was revoked for cause and never |
|---|
| 3444 | | - | reissued by the department, or which license was suspended |
|---|
| 3445 | | - | for cause and the terms of suspension have not been |
|---|
| 3446 | | - | fulfilled; |
|---|
| 3447 | | - | (2) The applicant or license holder was previo usly a |
|---|
| 3448 | | - | partner, stockholder, director or officer controlling or |
|---|
| 3449 | | - | managing a partnership or corporation whose license issued |
|---|
| 3450 | | - | under sections 301.550 to 301.580 was revoked for cause and |
|---|
| 3451 | | - | never reissued or was suspended for cause and the terms of |
|---|
| 3452 | | - | suspension have not been fulfilled; |
|---|
| 3453 | | - | (3) The applicant or license holder has, within ten |
|---|
| 3454 | | - | years prior to the date of the application, been finally |
|---|
| 3455 | | - | adjudicated and found guilty, or entered a plea of guilty or |
|---|
| 3456 | | - | nolo contendere, in a prosecution under the laws o f any |
|---|
| 3457 | | - | state or of the United States, for any offense reasonably |
|---|
| 3458 | | - | related to the qualifications, functions, or duties of any |
|---|
| 3459 | | - | business licensed under sections 301.550 to 301.580; for any |
|---|
| 3460 | | - | offense, an essential element of which is fraud, dishonesty, |
|---|
| 3461 | | - | or an act of violence; or for any offense involving moral |
|---|
| 3462 | | - | turpitude, whether or not sentence is imposed; |
|---|
| 3463 | | - | 102 |
|---|
| 3464 | | - | (4) Use of fraud, deception, misrepresentation, or |
|---|
| 3465 | | - | bribery in securing any license issued pursuant to sections |
|---|
| 3466 | | - | 301.550 to 301.580; |
|---|
| 3467 | | - | (5) Obtaining or attempting to obtain any money, |
|---|
| 3468 | | - | commission, fee, barter, exchange, or other compensation by |
|---|
| 3469 | | - | fraud, deception, or misrepresentation; |
|---|
| 3470 | | - | (6) Violation of, or assisting or enabling any person |
|---|
| 3471 | | - | to violate any provisions of this chapter and chapters 143, |
|---|
| 3472 | | - | 144, 306, 307, 407, 578, and 643 or of any lawful rule or |
|---|
| 3473 | | - | regulation adopted pursuant to this chapter and chapters |
|---|
| 3474 | | - | 143, 144, 306, 307, 407, 578, and 643; |
|---|
| 3475 | | - | (7) The applicant or license holder has filed an |
|---|
| 3476 | | - | application for a license which, as of its effective date, |
|---|
| 3477 | | - | was incomplete in any material respect or contained any |
|---|
| 3478 | | - | statement which was, in light of the circumstances under |
|---|
| 3479 | | - | which it was made, false or misleading with respect to any |
|---|
| 3480 | | - | material fact; |
|---|
| 3481 | | - | (8) The applicant or license holder ha s failed to pay |
|---|
| 3482 | | - | the proper application or license fee or other fees required |
|---|
| 3483 | | - | pursuant to this chapter or chapter 306 or fails to |
|---|
| 3484 | | - | establish or maintain a bona fide place of business; |
|---|
| 3485 | | - | (9) Uses or permits the use of any special license or |
|---|
| 3486 | | - | license plate assigned to the license holder for any purpose |
|---|
| 3487 | | - | other than those permitted by law; |
|---|
| 3488 | | - | (10) The applicant or license holder is finally |
|---|
| 3489 | | - | adjudged insane or incompetent by a court of competent |
|---|
| 3490 | | - | jurisdiction; |
|---|
| 3491 | | - | (11) Use of any advertisement or solic itation which is |
|---|
| 3492 | | - | false; |
|---|
| 3493 | | - | (12) Violations of sections 407.511 to 407.556, |
|---|
| 3494 | | - | section 578.120, which resulted in a conviction or finding |
|---|
| 3495 | | - | of guilt or violation of any federal motor vehicle laws |
|---|
| 3496 | | - | which result in a conviction or finding of guilt. |
|---|
| 3497 | | - | 103 |
|---|
| 3498 | | - | 3. Any such complaint shall be filed within one year |
|---|
| 3499 | | - | of the date upon which the department receives notice of an |
|---|
| 3500 | | - | alleged violation of an applicable statute or regulation. |
|---|
| 3501 | | - | After the filing of such complaint, the proceedings shall, |
|---|
| 3502 | | - | except for the matters s et forth in subsection 5 of this |
|---|
| 3503 | | - | section, be conducted in accordance with the provisions of |
|---|
| 3504 | | - | chapter 621. Upon a finding by the administrative hearing |
|---|
| 3505 | | - | commission that the grounds, provided in subsection 2 of |
|---|
| 3506 | | - | this section, for disciplinary action are me t, the |
|---|
| 3507 | | - | department may, singly or in combination, refuse to issue |
|---|
| 3508 | | - | the person a license, issue a license for a period of less |
|---|
| 3509 | | - | than two years, issue a private reprimand, place the person |
|---|
| 3510 | | - | on probation on such terms and conditions as the department |
|---|
| 3511 | | - | deems appropriate for a period of one day to five years, |
|---|
| 3512 | | - | suspend the person's license from one day to six days, or |
|---|
| 3513 | | - | revoke the person's license for such period as the |
|---|
| 3514 | | - | department deems appropriate. The applicant or licensee |
|---|
| 3515 | | - | shall have the right to appeal the d ecision of the |
|---|
| 3516 | | - | administrative hearing commission and department in the |
|---|
| 3517 | | - | manner provided in chapter 536. |
|---|
| 3518 | | - | 4. Upon the suspension or revocation of any person's |
|---|
| 3519 | | - | license issued under sections 301.550 to 301.580, the |
|---|
| 3520 | | - | department shall recall any distinct ive number plates that |
|---|
| 3521 | | - | were issued to that licensee. If any licensee who has been |
|---|
| 3522 | | - | suspended or revoked shall neglect or refuse to surrender |
|---|
| 3523 | | - | his or her license or distinctive number license plates |
|---|
| 3524 | | - | issued under sections 301.550 to 301.580, the director shall |
|---|
| 3525 | | - | direct any agent or employee of the department or any law |
|---|
| 3526 | | - | enforcement officer, to secure possession thereof and return |
|---|
| 3527 | | - | such items to the director. For purposes of this |
|---|
| 3528 | | - | subsection, a "law enforcement officer" means any member of |
|---|
| 3529 | | - | the highway patrol, any sheriff or deputy sheriff, or any |
|---|
| 3530 | | - | peace officer certified under chapter 590 acting in his or |
|---|
| 3531 | | - | 104 |
|---|
| 3532 | | - | her official capacity. Failure of the licensee to surrender |
|---|
| 3533 | | - | his or her license or distinctive number license plates upon |
|---|
| 3534 | | - | demand by the director, any a gent or employee of the |
|---|
| 3535 | | - | department, or any law enforcement officer shall be a class |
|---|
| 3536 | | - | A misdemeanor. |
|---|
| 3537 | | - | 5. Notwithstanding the foregoing provisions of this |
|---|
| 3538 | | - | section, the following events or acts by the holder of any |
|---|
| 3539 | | - | license issued under sections 301.55 0 to 301.580 are deemed |
|---|
| 3540 | | - | to present a clear and present danger to the public welfare |
|---|
| 3541 | | - | and shall be considered cause for suspension or revocation |
|---|
| 3542 | | - | of such license under the procedure set forth in subsection |
|---|
| 3543 | | - | 6 of this section, at the discretion of the direc tor: |
|---|
| 3544 | | - | (1) The expiration or revocation of any corporate |
|---|
| 3545 | | - | surety bond or irrevocable letter of credit, as required by |
|---|
| 3546 | | - | section 301.560, without submission of a replacement bond or |
|---|
| 3547 | | - | letter of credit which provides coverage for the entire |
|---|
| 3548 | | - | period of licensure; |
|---|
| 3549 | | - | (2) The failure to maintain a bona fide established |
|---|
| 3550 | | - | place of business as required by section 301.560; |
|---|
| 3551 | | - | (3) Criminal convictions as set forth in subdivision |
|---|
| 3552 | | - | (3) of subsection 2 of this section; or |
|---|
| 3553 | | - | (4) Three or more occurrences of v iolations which have |
|---|
| 3554 | | - | been established following proceedings before the |
|---|
| 3555 | | - | administrative hearing commission under subsection 3 of this |
|---|
| 3556 | | - | section, or which have been established following |
|---|
| 3557 | | - | proceedings before the director under subsection 6 of this |
|---|
| 3558 | | - | section, of this chapter and chapters 143, 144, 306, 307, |
|---|
| 3559 | | - | 578, and 643 or of any lawful rule or regulation adopted |
|---|
| 3560 | | - | under this chapter and chapters 143, 144, 306, 307, 578, and |
|---|
| 3561 | | - | 643, not previously set forth herein. |
|---|
| 3562 | | - | 6. (1) Any license issued under sections 3 01.550 to |
|---|
| 3563 | | - | 301.580 may be suspended or revoked, following an |
|---|
| 3564 | | - | evidentiary hearing before the director or his or her |
|---|
| 3565 | | - | 105 |
|---|
| 3566 | | - | designated hearing officer, if affidavits or sworn testimony |
|---|
| 3567 | | - | by an authorized agent of the department alleges the |
|---|
| 3568 | | - | occurrence of any of th e events or acts described in |
|---|
| 3569 | | - | subsection 5 of this section. |
|---|
| 3570 | | - | (2) For any license which the department believes may |
|---|
| 3571 | | - | be subject to suspension or revocation under this |
|---|
| 3572 | | - | subsection, the director shall immediately issue a notice of |
|---|
| 3573 | | - | hearing to the licens ee of record. The director's notice of |
|---|
| 3574 | | - | hearing: |
|---|
| 3575 | | - | (a) Shall be served upon the licensee personally or by |
|---|
| 3576 | | - | first class mail to the dealer's last known address, as |
|---|
| 3577 | | - | registered with the director; |
|---|
| 3578 | | - | (b) Shall be based on affidavits or sworn testimony |
|---|
| 3579 | | - | presented to the director, and shall notify the licensee |
|---|
| 3580 | | - | that such information presented therein constitutes cause to |
|---|
| 3581 | | - | suspend or revoke the licensee's license; |
|---|
| 3582 | | - | (c) Shall provide the licensee with a minimum of ten |
|---|
| 3583 | | - | days' notice prior to hearing; |
|---|
| 3584 | | - | (d) Shall specify the events or acts which may provide |
|---|
| 3585 | | - | cause for suspension or revocation of the license, and shall |
|---|
| 3586 | | - | include with the notice a copy of all affidavits, sworn |
|---|
| 3587 | | - | testimony or other information presented to the director |
|---|
| 3588 | | - | which support discipline of the license; and |
|---|
| 3589 | | - | (e) Shall inform the licensee that he or she has the |
|---|
| 3590 | | - | right to attend the hearing and present any evidence in his |
|---|
| 3591 | | - | or her defense, including evidence to show that the event or |
|---|
| 3592 | | - | act which may result in suspension or revocati on has been |
|---|
| 3593 | | - | corrected to the director's satisfaction, and that he or she |
|---|
| 3594 | | - | may be represented by counsel at the hearing. |
|---|
| 3595 | | - | (3) At any hearing before the director conducted under |
|---|
| 3596 | | - | this subsection, the director or his or her designated |
|---|
| 3597 | | - | hearing officer shall consider all evidence relevant to the |
|---|
| 3598 | | - | issue of whether the license should be suspended or revoked |
|---|
| 3599 | | - | 106 |
|---|
| 3600 | | - | due to the occurrence of any of the acts set forth in |
|---|
| 3601 | | - | subsection 5 herein. Within twenty business days after such |
|---|
| 3602 | | - | hearing, the director or his or he r designated hearing |
|---|
| 3603 | | - | officer shall issue a written order, with findings of fact |
|---|
| 3604 | | - | and conclusions of law, which either grants or denies the |
|---|
| 3605 | | - | issuance of an order of suspension or revocation. The |
|---|
| 3606 | | - | suspension or revocation shall be effective ten days after |
|---|
| 3607 | | - | the date of the order. The written order of the director or |
|---|
| 3608 | | - | his or her hearing officer shall be the final decision of |
|---|
| 3609 | | - | the director and shall be subject to judicial review under |
|---|
| 3610 | | - | the provisions of chapter 536. |
|---|
| 3611 | | - | (4) Notwithstanding the provisions of this chapter or |
|---|
| 3612 | | - | chapter 610 or 621 to the contrary, the proceedings under |
|---|
| 3613 | | - | this subsection shall be closed and no order shall be made |
|---|
| 3614 | | - | public until it is final, for purposes of appeal. |
|---|
| 3615 | | - | 7. In lieu of acting under subsection 2 or 6 of this |
|---|
| 3616 | | - | section, the department of revenue may enter into an |
|---|
| 3617 | | - | agreement with the holder of the license to ensure future |
|---|
| 3618 | | - | compliance with sections 301.210, [301.213,] 307.380, |
|---|
| 3619 | | - | sections 301.217 to 301.229, and sections 301.550 to |
|---|
| 3620 | | - | 301.580. Such agreement may include an ass essment fee not |
|---|
| 3621 | | - | to exceed five hundred dollars per violation or five |
|---|
| 3622 | | - | thousand dollars in the aggregate unless otherwise permitted |
|---|
| 3623 | | - | by law, probation terms and conditions, and other |
|---|
| 3624 | | - | requirements as may be deemed appropriate by the department |
|---|
| 3625 | | - | of revenue and the holder of the license. Any fees |
|---|
| 3626 | | - | collected by the department of revenue under this subsection |
|---|
| 3627 | | - | shall be deposited into the motor vehicle commission fund |
|---|
| 3628 | | - | created in section 301.560. |
|---|
| 3629 | | - | 313.270. 1. The director, pursuant to rules and |
|---|
| 3630 | | - | regulations issued by the commission, may directly purchase |
|---|
| 3631 | | - | or lease such goods or services as are necessary for |
|---|
| 3632 | | - | effectuating the purposes of sections 313.200 to 313.350, |
|---|
| 3633 | | - | 107 |
|---|
| 3634 | | - | including procurements which integrate functions such as |
|---|
| 3635 | | - | lottery game design, s upply of goods and services, and |
|---|
| 3636 | | - | advertising. The lottery commission by approved rule may |
|---|
| 3637 | | - | purchase goods made in the United States and sold by a |
|---|
| 3638 | | - | Missouri business to be given away as prizes within the |
|---|
| 3639 | | - | provisions of section 313.321. Contracts shall be awarded |
|---|
| 3640 | | - | to lottery contractors or lottery vendors on the basis of |
|---|
| 3641 | | - | lowest and best bid on an evaluated basis in order to |
|---|
| 3642 | | - | maximize revenues to the lottery fund. The director may |
|---|
| 3643 | | - | also utilize state purchasing procedures. [The director |
|---|
| 3644 | | - | shall award at least ten percent of the aggregate dollar |
|---|
| 3645 | | - | amount of all contracts to provide goods and services to the |
|---|
| 3646 | | - | lottery to minority business enterprises as defined by the |
|---|
| 3647 | | - | office of administration and shall award at least five |
|---|
| 3648 | | - | percent of the aggregate dollar amou nt of all contracts to |
|---|
| 3649 | | - | provide goods and services to the lottery to women business |
|---|
| 3650 | | - | enterprises as defined by the office of administration. ] No |
|---|
| 3651 | | - | contract awarded or entered into by the director may be |
|---|
| 3652 | | - | assigned by the holder thereof except by specific ap proval |
|---|
| 3653 | | - | of the commission. |
|---|
| 3654 | | - | 2. [Any contract awarded to any lottery contractor or |
|---|
| 3655 | | - | vendor shall provide that such contractor or vendor shall |
|---|
| 3656 | | - | award a minimum of ten percent of his subcontracted business |
|---|
| 3657 | | - | to minority business enterprises as defined by the office of |
|---|
| 3658 | | - | administration and shall award a minimum of five percent of |
|---|
| 3659 | | - | his subcontracted business to women business enterprises as |
|---|
| 3660 | | - | defined by the office of administration. This section shall |
|---|
| 3661 | | - | not apply to multistate lottery. |
|---|
| 3662 | | - | 3.] Any lottery vendor which enters into a contract to |
|---|
| 3663 | | - | supply lottery materials, services or equipment for use in |
|---|
| 3664 | | - | the operation of the state lottery shall first disclose such |
|---|
| 3665 | | - | information as the commission may require, by rule and |
|---|
| 3666 | | - | regulation, concerning the selection of lottery vendors. |
|---|
| 3667 | | - | 108 |
|---|
| 3668 | | - | [4.] 3. The costs of any investigation into the |
|---|
| 3669 | | - | background of the applicant seeking a contract shall be |
|---|
| 3670 | | - | assessed against the applicant and shall be paid by the |
|---|
| 3671 | | - | applicant at the time of billing by the state. |
|---|
| 3672 | | - | [5.] 4. Performance bonds shall be posted by each |
|---|
| 3673 | | - | contractor with the commission with a surety acceptable to |
|---|
| 3674 | | - | the commission in an amount as may be required by the |
|---|
| 3675 | | - | commission, but not to exceed the expected total value of |
|---|
| 3676 | | - | the contract. The contract of any lottery contr actor who |
|---|
| 3677 | | - | does not comply with such requirements may be terminated by |
|---|
| 3678 | | - | the commission. The commission may terminate the contract |
|---|
| 3679 | | - | of any lottery vendor who: |
|---|
| 3680 | | - | (1) Is convicted of any felony; |
|---|
| 3681 | | - | (2) Is convicted of any gambling -related offense; |
|---|
| 3682 | | - | (3) Is convicted of any crime involving fraud or |
|---|
| 3683 | | - | misrepresentation; |
|---|
| 3684 | | - | (4) Fails to comply with the rules and regulations of |
|---|
| 3685 | | - | the commission existing at the time the contract was entered |
|---|
| 3686 | | - | into; or |
|---|
| 3687 | | - | (5) Fails to periodically update any disclosur e |
|---|
| 3688 | | - | requirements. |
|---|
| 3689 | | - | [6. The provisions in this section requiring that |
|---|
| 3690 | | - | certain percentages of lottery contracts and subcontracts be |
|---|
| 3691 | | - | awarded to businesses owned and controlled by women or |
|---|
| 3692 | | - | ethnic and racial minorities shall expire on January 1, |
|---|
| 3693 | | - | 2005.] |
|---|
| 3694 | | - | 320.092. 1. Tax credits issued pursuant to sections |
|---|
| 3695 | | - | 135.400[,] and 135.750 [and 320.093] shall be subject to |
|---|
| 3696 | | - | oversight provisions. Effective January 1, 2000, |
|---|
| 3697 | | - | notwithstanding the provisions of section 32.057, the board, |
|---|
| 3698 | | - | department or authority issuing tax credits shall annually |
|---|
| 3699 | | - | report to the office of administration, president pro tem of |
|---|
| 3700 | | - | the senate, and the speaker of the house of representatives |
|---|
| 3701 | | - | 109 |
|---|
| 3702 | | - | regarding the tax credits issued pursuant to sections |
|---|
| 3703 | | - | 135.400[,] and 135.750 [and 320.093] which were issued in |
|---|
| 3704 | | - | the previous fiscal year. The report shall contain, but not |
|---|
| 3705 | | - | be limited to, the aggregate number and dollar amount of tax |
|---|
| 3706 | | - | credits issued by the board, department or authority, the |
|---|
| 3707 | | - | number and dollar amount of tax credits claim ed by |
|---|
| 3708 | | - | taxpayers, and the number and dollar amount of tax credits |
|---|
| 3709 | | - | unclaimed by taxpayers as well as the number of years |
|---|
| 3710 | | - | allowed for claims to be made. This report shall be |
|---|
| 3711 | | - | delivered no later than November of each year. |
|---|
| 3712 | | - | 2. The reporting requiremen ts established pursuant to |
|---|
| 3713 | | - | subsection 1 of this section shall also apply to the |
|---|
| 3714 | | - | department of economic development and the Missouri |
|---|
| 3715 | | - | development finance board established pursuant to section |
|---|
| 3716 | | - | 100.265. The department and the Missouri development |
|---|
| 3717 | | - | finance board shall report on the tax credit programs which |
|---|
| 3718 | | - | they respectively administer that are authorized under the |
|---|
| 3719 | | - | provisions of chapters 32, 100, 135, 178, 253, 348, 447 and |
|---|
| 3720 | | - | 620. |
|---|
| 3721 | | - | 394.120. 1. No person shall become a member of a |
|---|
| 3722 | | - | cooperative unless such person shall agree to use electric |
|---|
| 3723 | | - | energy furnished by the cooperative when such electric |
|---|
| 3724 | | - | energy shall be available through its facilities. The |
|---|
| 3725 | | - | bylaws of a cooperative may provide that any person, |
|---|
| 3726 | | - | including an incorporator, shall cease to be a member |
|---|
| 3727 | | - | thereof if he or she shall fail or refuse to use electric |
|---|
| 3728 | | - | energy made available by the cooperative or if electric |
|---|
| 3729 | | - | energy shall not be made available to such person by the |
|---|
| 3730 | | - | cooperative within a specified time after such person shall |
|---|
| 3731 | | - | have become a member thereof. Membership in the cooperative |
|---|
| 3732 | | - | shall not be transferable, except as provided in the |
|---|
| 3733 | | - | bylaws. The bylaws may prescribe additional qualifications |
|---|
| 3734 | | - | and limitations in respect of membership. |
|---|
| 3735 | | - | 110 |
|---|
| 3736 | | - | 2. An annual meeting of the members shall be held at |
|---|
| 3737 | | - | such time as shall be provided in the bylaws. |
|---|
| 3738 | | - | 3. Special meetings of the members may be called by |
|---|
| 3739 | | - | the board of directors, by any three directors, by not less |
|---|
| 3740 | | - | than ten percent of the members, or by the president. |
|---|
| 3741 | | - | 4. Meetings of members shall be held at such place as |
|---|
| 3742 | | - | may be provided in the bylaws. In the absence of any such |
|---|
| 3743 | | - | provisions, all meetings shall be held in the city or town |
|---|
| 3744 | | - | in which the principal office of the cooperative is located. |
|---|
| 3745 | | - | 5. Except as herein other wise provided, written or |
|---|
| 3746 | | - | printed notice stating the time and place of each meeting of |
|---|
| 3747 | | - | members and, in the case of a special meeting, the purpose |
|---|
| 3748 | | - | or purposes for which the meeting is called, shall be given |
|---|
| 3749 | | - | to each member, either personally or by mail, not less than |
|---|
| 3750 | | - | ten nor more than twenty -five days before the date of the |
|---|
| 3751 | | - | meeting. |
|---|
| 3752 | | - | 6. Two percent of the first two thousand members and |
|---|
| 3753 | | - | one percent of the remaining members, present in person, or |
|---|
| 3754 | | - | if the bylaws so provide, participating electronical ly or by |
|---|
| 3755 | | - | mail, shall constitute a quorum for the transaction of |
|---|
| 3756 | | - | business at all meetings of the members, unless the bylaws |
|---|
| 3757 | | - | prescribe the presence of a greater percentage of the |
|---|
| 3758 | | - | members for a quorum. If less than a quorum is present at |
|---|
| 3759 | | - | any meeting, a majority of those present in person may |
|---|
| 3760 | | - | adjourn the meeting from time to time without further notice. |
|---|
| 3761 | | - | 7. Each member shall be entitled to one vote on each |
|---|
| 3762 | | - | matter submitted to a vote at a meeting. Voting shall be in |
|---|
| 3763 | | - | person, but, if the bylaws so p rovide, may also be by proxy, |
|---|
| 3764 | | - | by electronic means, by mail, or any combination thereof. |
|---|
| 3765 | | - | If the bylaws provide for voting by proxy, by electronic |
|---|
| 3766 | | - | means, or by mail, they shall also prescribe the conditions |
|---|
| 3767 | | - | under which proxy, electronic, or mail voting shall be |
|---|
| 3768 | | - | 111 |
|---|
| 3769 | | - | exercised. In any event, no person shall vote as proxy for |
|---|
| 3770 | | - | more than two members at any meeting of the members. |
|---|
| 3771 | | - | [8. Notwithstanding the provisions of subsections 2 |
|---|
| 3772 | | - | and 7 of this section, the board of directors shall have the |
|---|
| 3773 | | - | power to set the time and place of the annual meeting and |
|---|
| 3774 | | - | also to provide for voting by proxy, electronic means, by |
|---|
| 3775 | | - | mail, or any combination thereof, and to prescribe the |
|---|
| 3776 | | - | conditions under which such voting shall be exercised. The |
|---|
| 3777 | | - | meeting requirement provided in this section may be |
|---|
| 3778 | | - | satisfied through virtual means. The provisions of this |
|---|
| 3779 | | - | subsection shall expire on August 28, 2022. ] |
|---|
| 3780 | | - | 414.407. 1. As used in this section, the following |
|---|
| 3781 | | - | terms mean: |
|---|
| 3782 | | - | (1) "B-20", a blend of twenty percent by vol ume |
|---|
| 3783 | | - | biodiesel fuel and eighty percent by volume petroleum -based |
|---|
| 3784 | | - | diesel fuel; |
|---|
| 3785 | | - | (2) "Biodiesel", fuel as defined in ASTM Standard |
|---|
| 3786 | | - | PS121; |
|---|
| 3787 | | - | (3) "EPAct", the federal Energy Policy Act, 42 U.S.C. |
|---|
| 3788 | | - | 13201, et seq.; |
|---|
| 3789 | | - | (4) "EPAct credit", a credit i ssued pursuant to EPAct; |
|---|
| 3790 | | - | (5) "Fund", the biodiesel fuel revolving fund; |
|---|
| 3791 | | - | (6) "Incremental cost", the difference in cost between |
|---|
| 3792 | | - | biodiesel fuel and conventional petroleum -based diesel fuel |
|---|
| 3793 | | - | at the time the biodiesel fuel is purchased. |
|---|
| 3794 | | - | 2. The department, in cooperation with the department |
|---|
| 3795 | | - | of agriculture, shall establish and administer an EPAct |
|---|
| 3796 | | - | credit banking and selling program to allow state agencies |
|---|
| 3797 | | - | to use moneys generated by the sale of EPAct credits to |
|---|
| 3798 | | - | purchase biodiesel fuel for use in state vehicles. Each |
|---|
| 3799 | | - | state agency shall provide the department with all vehicle |
|---|
| 3800 | | - | fleet information necessary to determine the number of EPAct |
|---|
| 3801 | | - | 112 |
|---|
| 3802 | | - | credits generated by the agency. The department may sell |
|---|
| 3803 | | - | credits in any manner pursuant to the provisions of EPAct. |
|---|
| 3804 | | - | 3. There is hereby created in the state treasury the |
|---|
| 3805 | | - | "Biodiesel Fuel Revolving Fund", into which shall be |
|---|
| 3806 | | - | deposited moneys received from the sale of EPAct credits |
|---|
| 3807 | | - | banked by state agencies on August 28, 2001, and in future |
|---|
| 3808 | | - | reporting years, any moneys appropriated to the fund by the |
|---|
| 3809 | | - | general assembly, and any other moneys obtained or accepted |
|---|
| 3810 | | - | by the department for deposit into the fund. The fund shall |
|---|
| 3811 | | - | be managed to maximize benefits to the state in the purchase |
|---|
| 3812 | | - | of biodiesel fuel and, when possible, to accrue those |
|---|
| 3813 | | - | benefits to state agencies in proportion to the number of |
|---|
| 3814 | | - | EPAct credits generated by each respective agency. |
|---|
| 3815 | | - | 4. Moneys deposited into the fund shall be used to pay |
|---|
| 3816 | | - | for the incremental cost of biodiesel fuel with a mi nimum |
|---|
| 3817 | | - | biodiesel concentration of B -20 for use in state vehicles |
|---|
| 3818 | | - | and for administration of the fund. Not later than January |
|---|
| 3819 | | - | thirty-first of each year, the department shall submit an |
|---|
| 3820 | | - | annual report to the general assembly on the expenditures |
|---|
| 3821 | | - | from the fund during the preceding fiscal year. |
|---|
| 3822 | | - | 5. Notwithstanding the provisions of section 33.080, |
|---|
| 3823 | | - | no portion of the fund shall be transferred to the general |
|---|
| 3824 | | - | revenue fund, and any appropriation made to the fund shall |
|---|
| 3825 | | - | not lapse. The state treasurer shall i nvest moneys in the |
|---|
| 3826 | | - | fund in the same manner as other funds are invested. |
|---|
| 3827 | | - | Interest and moneys earned on such investments shall be |
|---|
| 3828 | | - | credited to the fund. |
|---|
| 3829 | | - | 6. The department shall promulgate such rules as are |
|---|
| 3830 | | - | necessary to implement this section. No rule or portion of |
|---|
| 3831 | | - | a rule promulgated pursuant to this section shall become |
|---|
| 3832 | | - | effective unless it has been promulgated pursuant to chapter |
|---|
| 3833 | | - | 536. |
|---|
| 3834 | | - | 113 |
|---|
| 3835 | | - | [7. The department shall conduct a study of the use of |
|---|
| 3836 | | - | alternative fuels in motor vehicles in the state and shall |
|---|
| 3837 | | - | report its findings and recommendations to the general |
|---|
| 3838 | | - | assembly no later than January 1, 2002. Such study shall |
|---|
| 3839 | | - | include: |
|---|
| 3840 | | - | (1) An analysis of the current use of alternative |
|---|
| 3841 | | - | fuels in public and private vehicle fleets in the state; |
|---|
| 3842 | | - | (2) An assessment of methods that the state may use to |
|---|
| 3843 | | - | increase use of alternative fuels in vehicle fleets, |
|---|
| 3844 | | - | including the sale of credits generated pursuant to the |
|---|
| 3845 | | - | federal Energy Policy Act, 42 U.S.C. 13201, et seq., to pay |
|---|
| 3846 | | - | for the difference in cost be tween alternative fuels and |
|---|
| 3847 | | - | conventional fuels; |
|---|
| 3848 | | - | (3) An assessment of the benefits or harm that |
|---|
| 3849 | | - | increased use of alternative fuels may make to the state's |
|---|
| 3850 | | - | economy and environment; |
|---|
| 3851 | | - | (4) Any other information that the department deems |
|---|
| 3852 | | - | relevant.] |
|---|
| 3853 | | - | 454.433. 1. When a tribunal of another state as |
|---|
| 3854 | | - | defined in section [454.850] 454.1503 has ordered support |
|---|
| 3855 | | - | payments to a person who has made an assignment of child |
|---|
| 3856 | | - | support rights to the family support division or who is |
|---|
| 3857 | | - | receiving child support services pursuant to section |
|---|
| 3858 | | - | 454.425, the family support division may notify the court of |
|---|
| 3859 | | - | this state in the county in which the obligor, obligee or |
|---|
| 3860 | | - | the child resides or works. Until October 1, 1999, upon |
|---|
| 3861 | | - | such notice the circuit clerk shall accept all support |
|---|
| 3862 | | - | payments and remit such payments to the person or entity |
|---|
| 3863 | | - | entitled to receive the payments. Effective October 1, |
|---|
| 3864 | | - | 1999, the division shall order the payment center to accept |
|---|
| 3865 | | - | all support payments and remit such payments to the person |
|---|
| 3866 | | - | or entity entitled to receive the payments. |
|---|
| 3867 | | - | 114 |
|---|
| 3868 | | - | 2. Notwithstanding any provision of law to the |
|---|
| 3869 | | - | contrary, the notification to the court by the division |
|---|
| 3870 | | - | shall authorize the court to make the clerk trustee. The |
|---|
| 3871 | | - | clerk shall keep an accurate record of suc h payments and |
|---|
| 3872 | | - | shall report all collections to the division in the manner |
|---|
| 3873 | | - | specified by the division. Effective October 1, 1999, the |
|---|
| 3874 | | - | duties of the clerk as trustee pursuant to this section |
|---|
| 3875 | | - | shall terminate and all payments shall be made to the |
|---|
| 3876 | | - | payment center pursuant to section 454.530. |
|---|
| 3877 | | - | 454.470. 1. The director may issue a notice and |
|---|
| 3878 | | - | finding of financial responsibility to a parent who owes a |
|---|
| 3879 | | - | state debt or who is responsible for the support of a child |
|---|
| 3880 | | - | on whose behalf the custodian of that child is receiving |
|---|
| 3881 | | - | support enforcement services from the division pursuant to |
|---|
| 3882 | | - | section 454.425 if a court order has not been previously |
|---|
| 3883 | | - | entered against that parent, a court order has been |
|---|
| 3884 | | - | previously entered but has been terminated by operation of |
|---|
| 3885 | | - | law or if a support order from another state has been |
|---|
| 3886 | | - | entered but is not entitled to recognition under sections |
|---|
| 3887 | | - | [454.850 to 454.997] 454.1500 to 454.1728 . Service of the |
|---|
| 3888 | | - | notice and finding shall be made on the parent or other |
|---|
| 3889 | | - | party in the manner presc ribed for service of process in a |
|---|
| 3890 | | - | civil action by an authorized process server appointed by |
|---|
| 3891 | | - | the director, or by certified mail, return receipt |
|---|
| 3892 | | - | requested. The director may appoint any uninterested party, |
|---|
| 3893 | | - | including but not limited to employees of the di vision, to |
|---|
| 3894 | | - | serve such process. For purposes of this subsection, a |
|---|
| 3895 | | - | parent who refuses receipt of service by certified mail is |
|---|
| 3896 | | - | deemed to have been served. Service upon an obligee who is |
|---|
| 3897 | | - | receiving support enforcement services under section 454.425 |
|---|
| 3898 | | - | may be made by regular mail. When appropriate to the |
|---|
| 3899 | | - | circumstances of the individual action, the notice shall |
|---|
| 3900 | | - | state: |
|---|
| 3901 | | - | 115 |
|---|
| 3902 | | - | (1) The name of the person or agency with custody of |
|---|
| 3903 | | - | the dependent child and the name of the dependent child for |
|---|
| 3904 | | - | whom support is to be paid; |
|---|
| 3905 | | - | (2) The monthly future support for which the parent |
|---|
| 3906 | | - | shall be responsible; |
|---|
| 3907 | | - | (3) The state debt, if any, accrued and accruing, and |
|---|
| 3908 | | - | the monthly payment to be made on the state debt which has |
|---|
| 3909 | | - | accrued; |
|---|
| 3910 | | - | (4) A statement of the costs o f collection, including |
|---|
| 3911 | | - | attorney's fees, which may be assessed against the parent; |
|---|
| 3912 | | - | (5) That the parent shall be responsible for providing |
|---|
| 3913 | | - | medical insurance for the dependent child; |
|---|
| 3914 | | - | (6) That if a parent desires to discuss the amount of |
|---|
| 3915 | | - | support that should be paid, the parent or person having |
|---|
| 3916 | | - | custody of the child may, within twenty days after being |
|---|
| 3917 | | - | served, contact the division office which sent the notice |
|---|
| 3918 | | - | and request a negotiation conference. The other parent or |
|---|
| 3919 | | - | person having custody of th e child shall be notified of the |
|---|
| 3920 | | - | negotiated conference and may participate in the |
|---|
| 3921 | | - | conference. If no agreement is reached on the monthly |
|---|
| 3922 | | - | amount to be paid, the director may issue a new notice and |
|---|
| 3923 | | - | finding of financial responsibility, which may be sent t o |
|---|
| 3924 | | - | the parent required to pay support by regular mail addressed |
|---|
| 3925 | | - | to the parent's last known address or, if applicable, the |
|---|
| 3926 | | - | parent's attorney's last known address. A copy of the new |
|---|
| 3927 | | - | notice and finding shall be sent by regular mail to the |
|---|
| 3928 | | - | other parent or person having custody of the child; |
|---|
| 3929 | | - | (7) That if a parent or person having custody of the |
|---|
| 3930 | | - | child objects to all or any part of the notice and finding |
|---|
| 3931 | | - | of financial responsibility and no negotiation conference is |
|---|
| 3932 | | - | requested, within twenty days of the date of service the |
|---|
| 3933 | | - | parent or person having custody of the child shall send to |
|---|
| 3934 | | - | the division office which issued the notice a written |
|---|
| 3935 | | - | 116 |
|---|
| 3936 | | - | response which sets forth any objections and requests a |
|---|
| 3937 | | - | hearing; and, that if the director issues a new notice and |
|---|
| 3938 | | - | finding of financial responsibility, the parent or person |
|---|
| 3939 | | - | having custody of the child shall have twenty days from the |
|---|
| 3940 | | - | date of issuance of the new notice to send a hearing request; |
|---|
| 3941 | | - | (8) That if such a timely response is received by the |
|---|
| 3942 | | - | appropriate division office, and if such response raises |
|---|
| 3943 | | - | factual questions requiring the submission of evidence, the |
|---|
| 3944 | | - | parent or person having custody of the child shall have the |
|---|
| 3945 | | - | right to a hearing before an impartial hearing officer who |
|---|
| 3946 | | - | is an attorney licensed to pract ice law in Missouri and, |
|---|
| 3947 | | - | that if no timely written response is received, the director |
|---|
| 3948 | | - | may enter an order in accordance with the notice and finding |
|---|
| 3949 | | - | of financial responsibility; |
|---|
| 3950 | | - | (9) That the parent has the right to be represented at |
|---|
| 3951 | | - | the hearing by an attorney of the parent's own choosing; |
|---|
| 3952 | | - | (10) That the parent or person having custody of the |
|---|
| 3953 | | - | child has the right to obtain evidence and examine witnesses |
|---|
| 3954 | | - | as provided for in chapter 536, together with an explanation |
|---|
| 3955 | | - | of the procedure the parent or person having custody of the |
|---|
| 3956 | | - | child shall follow in order to exercise such rights; |
|---|
| 3957 | | - | (11) That as soon as the order is entered, the |
|---|
| 3958 | | - | property of the parent required to pay support shall be |
|---|
| 3959 | | - | subject to collection actions, including, but not limited |
|---|
| 3960 | | - | to, wage withholding, garnishment, liens, and execution |
|---|
| 3961 | | - | thereon; |
|---|
| 3962 | | - | (12) A reference to sections 454.460 to 454.510; |
|---|
| 3963 | | - | (13) That the parent is responsible for notifying the |
|---|
| 3964 | | - | division of any change of address or employment; |
|---|
| 3965 | | - | (14) That if the parent has any questions, the parent |
|---|
| 3966 | | - | should telephone or visit the appropriate division office or |
|---|
| 3967 | | - | consult an attorney; and |
|---|
| 3968 | | - | 117 |
|---|
| 3969 | | - | (15) Such other information as the director finds |
|---|
| 3970 | | - | appropriate. |
|---|
| 3971 | | - | 2. The statement of periodic future support required |
|---|
| 3972 | | - | by subdivision (2) of subsection 1 of this section is to be |
|---|
| 3973 | | - | computed under the guidelines established in subsection 8 of |
|---|
| 3974 | | - | section 452.340. |
|---|
| 3975 | | - | 3. Any time limits for notices or requests may be |
|---|
| 3976 | | - | extended by the director, and such extension shall have no |
|---|
| 3977 | | - | effect on the jurisdiction of the court, administrative |
|---|
| 3978 | | - | body, or other entity having jurisdiction over the |
|---|
| 3979 | | - | proceedings. |
|---|
| 3980 | | - | 4. If a timely written response setting forth |
|---|
| 3981 | | - | objections and requesting a hearing is received by the |
|---|
| 3982 | | - | appropriate division office, and if such response raises a |
|---|
| 3983 | | - | factual question requiring the submission of evidence, a |
|---|
| 3984 | | - | hearing shall be held in the manner provided by section |
|---|
| 3985 | | - | 454.475. If no timely written response and request for |
|---|
| 3986 | | - | hearing is received by the appropriate division offic e, the |
|---|
| 3987 | | - | director may enter an order in accordance with the notice, |
|---|
| 3988 | | - | and shall specify: |
|---|
| 3989 | | - | (1) The amount of periodic support to be paid, with |
|---|
| 3990 | | - | directions on the manner of payment; |
|---|
| 3991 | | - | (2) The amount of state debt, if any, accrued in favor |
|---|
| 3992 | | - | of the department; |
|---|
| 3993 | | - | (3) The monthly payment to be made on state debt, if |
|---|
| 3994 | | - | any; |
|---|
| 3995 | | - | (4) The amount of costs of collection, including |
|---|
| 3996 | | - | attorney's fees, assessed against the parent; |
|---|
| 3997 | | - | (5) The name of the person or agency with custody of |
|---|
| 3998 | | - | the dependent child a nd the name and birth date of the |
|---|
| 3999 | | - | dependent child for whom support is to be paid; |
|---|
| 4000 | | - | 118 |
|---|
| 4001 | | - | (6) That the property of the parent is subject to |
|---|
| 4002 | | - | collection actions, including, but not limited to, wage |
|---|
| 4003 | | - | withholding, garnishment, liens, and execution thereon; and |
|---|
| 4004 | | - | (7) If appropriate, that the parent shall provide |
|---|
| 4005 | | - | medical insurance for the dependent child, or shall pay the |
|---|
| 4006 | | - | reasonable and necessary medical expenses of the dependent |
|---|
| 4007 | | - | child. |
|---|
| 4008 | | - | 5. The parent or person having custody of the child |
|---|
| 4009 | | - | shall be sent a copy of the order by regular mail addressed |
|---|
| 4010 | | - | to the parent's last known address or, if applicable, the |
|---|
| 4011 | | - | parent's attorney's last known address. The order is final, |
|---|
| 4012 | | - | and action by the director to enforce and collect upon the |
|---|
| 4013 | | - | order, including arrearag es, may be taken from the date of |
|---|
| 4014 | | - | issuance of the order. |
|---|
| 4015 | | - | 6. Copies of the orders issued pursuant to this |
|---|
| 4016 | | - | section shall be mailed within fourteen days of the issuance |
|---|
| 4017 | | - | of the order. |
|---|
| 4018 | | - | 7. Any parent or person having custody of the child |
|---|
| 4019 | | - | who is aggrieved as a result of any allegation or issue of |
|---|
| 4020 | | - | fact contained in the notice and finding of financial |
|---|
| 4021 | | - | responsibility shall be afforded an opportunity for a |
|---|
| 4022 | | - | hearing, upon the request in writing filed with the director |
|---|
| 4023 | | - | not more than twenty days after service of the notice and |
|---|
| 4024 | | - | finding is made upon such parent or person having custody of |
|---|
| 4025 | | - | the child, and if in requesting such hearing, the aggrieved |
|---|
| 4026 | | - | parent or person having custody of the child raises a |
|---|
| 4027 | | - | factual issue requiring the submission of evidence. |
|---|
| 4028 | | - | 8. At any time after the issuance of an order under |
|---|
| 4029 | | - | this section, the director may issue an order vacating that |
|---|
| 4030 | | - | order if it is found that the order was issued without |
|---|
| 4031 | | - | subject matter or personal jurisdiction or if the order was |
|---|
| 4032 | | - | issued without affording the obligor due process of law. |
|---|
| 4033 | | - | 119 |
|---|
| 4034 | | - | 454.490. 1. A true copy of any order entered by the |
|---|
| 4035 | | - | director pursuant to sections 454.460 to [454.997] 454.1728, |
|---|
| 4036 | | - | along with a true copy of the return of service, may be |
|---|
| 4037 | | - | filed with the clerk of the circuit court in the county in |
|---|
| 4038 | | - | which the judgment of dissolution or paternity has been |
|---|
| 4039 | | - | entered, or if no such judgment was entered, in the county |
|---|
| 4040 | | - | where either the parent or the dependent child resides or |
|---|
| 4041 | | - | where the support order was filed. Upon filing, the clerk |
|---|
| 4042 | | - | shall enter the order in the judgment docket. Upon |
|---|
| 4043 | | - | docketing, the order shall have all the force, effect, and |
|---|
| 4044 | | - | attributes of a docketed order or decree of the circuit |
|---|
| 4045 | | - | court, including, but not limited to, lien effect and |
|---|
| 4046 | | - | enforceability by supplementary proceedings, contempt of |
|---|
| 4047 | | - | court, execution and garnishment. Any administrative order |
|---|
| 4048 | | - | or decision of the family support division filed in the |
|---|
| 4049 | | - | office of the circuit clerk of the court shall not be |
|---|
| 4050 | | - | required to be signed by an attorney, as pr ovided by supreme |
|---|
| 4051 | | - | court rule of civil procedures 55.03(a), or required to have |
|---|
| 4052 | | - | any further pleading other than the director's order. |
|---|
| 4053 | | - | 2. In addition to any other provision to enforce an |
|---|
| 4054 | | - | order docketed pursuant to this section or any other support |
|---|
| 4055 | | - | order of the court, the court may, upon petition by the |
|---|
| 4056 | | - | division, require that an obligor who owes past due support |
|---|
| 4057 | | - | to pay support in accordance with a plan approved by the |
|---|
| 4058 | | - | court, or if the obligor is subject to such plan and is not |
|---|
| 4059 | | - | incapacitated, the court may require the obligor to |
|---|
| 4060 | | - | participate in work activities. |
|---|
| 4061 | | - | 3. In addition to any other provision to enforce an |
|---|
| 4062 | | - | order docketed pursuant to this section or any other support |
|---|
| 4063 | | - | order of the court, division or other IV -D agency, the |
|---|
| 4064 | | - | director may order that an obligor who owes past due support |
|---|
| 4065 | | - | to pay support in accordance with a plan approved by the |
|---|
| 4066 | | - | director, or if the obligor is subject to such plan and is |
|---|
| 4067 | | - | 120 |
|---|
| 4068 | | - | not incapacitated, the director may order the obligor to |
|---|
| 4069 | | - | participate in work activities. The order of the director |
|---|
| 4070 | | - | shall be filed with a court pursuant to subsection 1 of this |
|---|
| 4071 | | - | section and shall be enforceable as an order of the court. |
|---|
| 4072 | | - | 4. As used in this section, "work activities" include: |
|---|
| 4073 | | - | (1) Unsubsidized employment; |
|---|
| 4074 | | - | (2) Subsidized private sector employment; |
|---|
| 4075 | | - | (3) Subsidized public sector employment; |
|---|
| 4076 | | - | (4) Work experience (including work associated with |
|---|
| 4077 | | - | the refurbishing of publicly assisted housing) if sufficient |
|---|
| 4078 | | - | private sector employment is not available; |
|---|
| 4079 | | - | (5) On-the-job training; |
|---|
| 4080 | | - | (6) Job search and readiness assistance; |
|---|
| 4081 | | - | (7) Community services programs; |
|---|
| 4082 | | - | (8) Vocational educational training, not to exceed |
|---|
| 4083 | | - | twelve months for any individual; |
|---|
| 4084 | | - | (9) Job skills training directly related to emp loyment; |
|---|
| 4085 | | - | (10) Education directly related to employment for an |
|---|
| 4086 | | - | individual who has not received a high school diploma or its |
|---|
| 4087 | | - | equivalent; |
|---|
| 4088 | | - | (11) Satisfactory attendance at a secondary school or |
|---|
| 4089 | | - | course of study leading to a certificate of general |
|---|
| 4090 | | - | equivalence for an individual who has not completed |
|---|
| 4091 | | - | secondary school or received such a certificate; or |
|---|
| 4092 | | - | (12) The provision of child care services to an |
|---|
| 4093 | | - | individual who is participating in a community service |
|---|
| 4094 | | - | program. |
|---|
| 4095 | | - | 488.426. 1. The judges of the circuit court, en banc, |
|---|
| 4096 | | - | in any circuit in this state may require any party filing a |
|---|
| 4097 | | - | civil case in the circuit court, at the time of filing the |
|---|
| 4098 | | - | suit, to deposit with the clerk of the court a surcharge in |
|---|
| 4099 | | - | addition to all other deposits required by law or court |
|---|
| 4100 | | - | rule. Sections 488.426 to 488.432 shall not apply to |
|---|
| 4101 | | - | 121 |
|---|
| 4102 | | - | proceedings when costs are waived or are to be paid by the |
|---|
| 4103 | | - | county or state or any city. |
|---|
| 4104 | | - | 2. The surcharge in effect on August 28, 2001, shall |
|---|
| 4105 | | - | remain in effect until cha nged by the circuit court. The |
|---|
| 4106 | | - | circuit court in any circuit, except the circuit court in |
|---|
| 4107 | | - | Jackson County or the circuit court in any circuit that |
|---|
| 4108 | | - | reimburses the state for the salaries of family court |
|---|
| 4109 | | - | commissioners under and pursuant to section 487.020, may |
|---|
| 4110 | | - | change the fee to any amount not to exceed fifteen dollars. |
|---|
| 4111 | | - | The circuit court in Jackson County or the circuit court in |
|---|
| 4112 | | - | any circuit that reimburses the state for the salaries of |
|---|
| 4113 | | - | family court commissioners under and pursuant to section |
|---|
| 4114 | | - | 487.020 may change the fee to any amount not to exceed |
|---|
| 4115 | | - | twenty dollars. A change in the fee shall become effective |
|---|
| 4116 | | - | and remain in effect until further changed. |
|---|
| 4117 | | - | 3. Sections 488.426 to 488.432 shall not apply to |
|---|
| 4118 | | - | proceedings when costs are waived or are paid by the county |
|---|
| 4119 | | - | or state or any city. |
|---|
| 4120 | | - | [4. In addition to any fee authorized by subsection 1 |
|---|
| 4121 | | - | of this section, any county of the first classification with |
|---|
| 4122 | | - | more than one hundred one thousand but fewer than one |
|---|
| 4123 | | - | hundred fifteen thousand inhabitants may im pose an |
|---|
| 4124 | | - | additional fee of ten dollars excluding cases concerning |
|---|
| 4125 | | - | adoption and those in small claims court. The provisions of |
|---|
| 4126 | | - | this subsection shall expire on December 31, 2019. ] |
|---|
| 4127 | | - | 620.570. 1. [The Missouri training and employment |
|---|
| 4128 | | - | council, as established in section 620.523, shall review and |
|---|
| 4129 | | - | recommend criteria for evaluating project funding |
|---|
| 4130 | | - | assistance, program criteria, and other requirements and |
|---|
| 4131 | | - | priorities to be used by the division in the evaluation and |
|---|
| 4132 | | - | monitoring of Missouri youth s ervice and conservation corps |
|---|
| 4133 | | - | projects. |
|---|
| 4134 | | - | 122 |
|---|
| 4135 | | - | 2.] The division shall work with the department of |
|---|
| 4136 | | - | higher education and workforce development, the department |
|---|
| 4137 | | - | of elementary and secondary education, all colleges, |
|---|
| 4138 | | - | universities and lending institutions throu ghout the state |
|---|
| 4139 | | - | to develop a system of academic credit, tuition grants and |
|---|
| 4140 | | - | deferred loan repayment incentives for young adults who |
|---|
| 4141 | | - | enroll and complete participation in corps programs. The |
|---|
| 4142 | | - | division shall adopt rules under chapter 536 designed to |
|---|
| 4143 | | - | implement any such incentive programs. |
|---|
| 4144 | | - | [3.] 2. The division of workforce development of the |
|---|
| 4145 | | - | department of economic development shall establish and |
|---|
| 4146 | | - | promote the recruitment of "Show -Me Employers" which shall |
|---|
| 4147 | | - | consist of Missouri-based corporations and bus inesses |
|---|
| 4148 | | - | agreeing to interview, for entry -level jobs, participants |
|---|
| 4149 | | - | successfully completing a youth corps program. |
|---|
| 4150 | | - | [4.] 3. The division of workforce development of the |
|---|
| 4151 | | - | department of economic development shall recognize and |
|---|
| 4152 | | - | promote within the labor exchange system the youth service |
|---|
| 4153 | | - | corps and the potential benefits of hiring participants who |
|---|
| 4154 | | - | have successfully completed any of the corps' programs. |
|---|
| 4155 | | - | 620.1020. There is hereby created within the |
|---|
| 4156 | | - | department of economic development a "Bus iness Extension |
|---|
| 4157 | | - | Service Team" program. The purpose of the teams shall be to |
|---|
| 4158 | | - | provide technical and management assistance to Missouri |
|---|
| 4159 | | - | businesses, to improve their competitiveness and increase |
|---|
| 4160 | | - | their market share of the economy, to assist businesses with |
|---|
| 4161 | | - | the introduction of improved production processes, and to |
|---|
| 4162 | | - | assist the businesses with their job training needs. [Each |
|---|
| 4163 | | - | team shall inform the Missouri training and employment |
|---|
| 4164 | | - | council of specific job training needs which it identifies |
|---|
| 4165 | | - | for an individual business or general job training needs |
|---|
| 4166 | | - | which it recommends for the state. A team may recommend |
|---|
| 4167 | | - | that, by means of contract, feasibility studies or |
|---|
| 4168 | | - | 123 |
|---|
| 4169 | | - | productivity assessments be performed for businesses. ] |
|---|
| 4170 | | - | Businesses to be assisted may include those faced with |
|---|
| 4171 | | - | employee layoffs, plant closings or financial instability. |
|---|
| 4172 | | - | The expenses of a team shall be financed by state and |
|---|
| 4173 | | - | federal appropriations, local governments, economic |
|---|
| 4174 | | - | development organizations, private contributions and fees |
|---|
| 4175 | | - | paid by assisted busin esses. |
|---|
| 4176 | | - | 620.2020. 1. The department shall respond to a |
|---|
| 4177 | | - | written request, by or on behalf of a qualified company or |
|---|
| 4178 | | - | qualified military project, for a proposed benefit award |
|---|
| 4179 | | - | under the provisions of this program within five business |
|---|
| 4180 | | - | days of receipt of such request. The department shall |
|---|
| 4181 | | - | respond to a written request, by or on behalf of a qualified |
|---|
| 4182 | | - | manufacturing company, for a proposed benefit award under |
|---|
| 4183 | | - | the provisions of this program within fifteen business days |
|---|
| 4184 | | - | of receipt of such reque st. Such response shall contain |
|---|
| 4185 | | - | either a proposal of benefits for the qualified company or |
|---|
| 4186 | | - | qualified military project, or a written response refusing |
|---|
| 4187 | | - | to provide such a proposal and stating the reasons for such |
|---|
| 4188 | | - | refusal. A qualified company or qualifie d military project |
|---|
| 4189 | | - | that intends to seek benefits under the program shall submit |
|---|
| 4190 | | - | to the department a notice of intent. The department shall |
|---|
| 4191 | | - | respond within thirty days to a notice of intent with an |
|---|
| 4192 | | - | approval or a rejection, provided that the department m ay |
|---|
| 4193 | | - | withhold approval or provide a contingent approval until it |
|---|
| 4194 | | - | is satisfied that proper documentation of eligibility has |
|---|
| 4195 | | - | been provided. The department shall certify or reject the |
|---|
| 4196 | | - | qualifying company's plan outlined in their notice of intent |
|---|
| 4197 | | - | as satisfying good faith efforts made to employ, at a |
|---|
| 4198 | | - | minimum, commensurate with the percentage of minority |
|---|
| 4199 | | - | populations in the state of Missouri, as reported in the |
|---|
| 4200 | | - | previous decennial census, the following: racial |
|---|
| 4201 | | - | minorities, contractors who are racial minoriti es, and |
|---|
| 4202 | | - | 124 |
|---|
| 4203 | | - | contractors that, in turn, employ at a minimum racial |
|---|
| 4204 | | - | minorities commensurate with the percentage of minority |
|---|
| 4205 | | - | populations in the state of Missouri, as reported in the |
|---|
| 4206 | | - | previous decennial census. Failure to respond on behalf of |
|---|
| 4207 | | - | the department shall result in the notice of intent being |
|---|
| 4208 | | - | deemed approved. A qualified company receiving approval for |
|---|
| 4209 | | - | program benefits may receive additional benefits for |
|---|
| 4210 | | - | subsequent new jobs at the same facility after the full |
|---|
| 4211 | | - | initial project period if the applicable minimum job |
|---|
| 4212 | | - | requirements are met. There shall be no limit on the number |
|---|
| 4213 | | - | of project periods a qualified company may participate in |
|---|
| 4214 | | - | the program, and a qualified company may elect to file a |
|---|
| 4215 | | - | notice of intent to begin a new project period concurrent |
|---|
| 4216 | | - | with an existing project period if the applicable minimum |
|---|
| 4217 | | - | job requirements are achieved, the qualified company |
|---|
| 4218 | | - | provides the department with the required annual reporting, |
|---|
| 4219 | | - | and the qualified company is in compliance with this program |
|---|
| 4220 | | - | and any other state prog rams in which the qualified company |
|---|
| 4221 | | - | is currently or has previously participated. However, the |
|---|
| 4222 | | - | qualified company shall not receive any further program |
|---|
| 4223 | | - | benefits under the original approval for any new jobs |
|---|
| 4224 | | - | created after the date of the new notice of int ent, and any |
|---|
| 4225 | | - | jobs created before the new notice of intent shall not be |
|---|
| 4226 | | - | included as new jobs for purposes of the benefit calculation |
|---|
| 4227 | | - | for the new approval. When a qualified company has filed |
|---|
| 4228 | | - | and received approval of a notice of intent and subsequently |
|---|
| 4229 | | - | files another notice of intent, the department shall apply |
|---|
| 4230 | | - | the definition of project facility under subdivision (24) of |
|---|
| 4231 | | - | section 620.2005 to the new notice of intent as well as all |
|---|
| 4232 | | - | previously approved notices of intent and shall determine |
|---|
| 4233 | | - | the application of the definitions of new job, new payroll, |
|---|
| 4234 | | - | project facility base employment, and project facility base |
|---|
| 4235 | | - | payroll accordingly. |
|---|
| 4236 | | - | 125 |
|---|
| 4237 | | - | 2. Notwithstanding any provision of law to the |
|---|
| 4238 | | - | contrary, the benefits available to the qualified company |
|---|
| 4239 | | - | under any other state programs for which the company is |
|---|
| 4240 | | - | eligible and which utilize withholding tax from the new or |
|---|
| 4241 | | - | retained jobs of the company shall first be credited to the |
|---|
| 4242 | | - | other state program before the withholding retention level |
|---|
| 4243 | | - | applicable under this program wi ll begin to accrue. If any |
|---|
| 4244 | | - | qualified company also participates in a job training |
|---|
| 4245 | | - | program utilizing withholding tax, the company shall retain |
|---|
| 4246 | | - | no withholding tax under this program, but the department |
|---|
| 4247 | | - | shall issue a refundable tax credit for the full amo unt of |
|---|
| 4248 | | - | benefit allowed under this program. The calendar year |
|---|
| 4249 | | - | annual maximum amount of tax credits which may be issued to |
|---|
| 4250 | | - | a qualifying company that also participates in a job |
|---|
| 4251 | | - | training program shall be increased by an amount equivalent |
|---|
| 4252 | | - | to the withholding tax retained by that company under a jobs |
|---|
| 4253 | | - | training program. |
|---|
| 4254 | | - | 3. A qualified company or qualified military project |
|---|
| 4255 | | - | receiving benefits under this program shall provide an |
|---|
| 4256 | | - | annual report of the number of jobs, along with minority |
|---|
| 4257 | | - | jobs created or retained, and such other information as may |
|---|
| 4258 | | - | be required by the department to document the basis for |
|---|
| 4259 | | - | program benefits available no later than ninety days prior |
|---|
| 4260 | | - | to the end of the qualified company's or industrial |
|---|
| 4261 | | - | development authority's tax year immediatel y following the |
|---|
| 4262 | | - | tax year for which the benefits provided under the program |
|---|
| 4263 | | - | are attributed. In such annual report, if the average wage |
|---|
| 4264 | | - | is below the applicable percentage of the county average |
|---|
| 4265 | | - | wage, the qualified company or qualified military project |
|---|
| 4266 | | - | has not maintained the employee insurance as required, if |
|---|
| 4267 | | - | the department after a review determines the qualifying |
|---|
| 4268 | | - | company fails to satisfy other aspects of their notice of |
|---|
| 4269 | | - | intent, including failure to make good faith efforts to |
|---|
| 4270 | | - | 126 |
|---|
| 4271 | | - | employ, at a minimum, com mensurate with the percentage of |
|---|
| 4272 | | - | minority populations in the state of Missouri, as reported |
|---|
| 4273 | | - | in the previous decennial census, the following: racial |
|---|
| 4274 | | - | minorities, contractors who are racial minorities, and |
|---|
| 4275 | | - | contractors that, in turn, employ at a minimum r acial |
|---|
| 4276 | | - | minorities commensurate with the percentage of minority |
|---|
| 4277 | | - | populations in the state of Missouri, as reported in the |
|---|
| 4278 | | - | previous decennial census, or if the number of jobs is below |
|---|
| 4279 | | - | the number required, the qualified company or qualified |
|---|
| 4280 | | - | military project shall not receive tax credits or retain the |
|---|
| 4281 | | - | withholding tax for the balance of the project period. If a |
|---|
| 4282 | | - | statewide state of emergency exists for more than sixteen |
|---|
| 4283 | | - | months, a qualified company or industrial development |
|---|
| 4284 | | - | authority shall be entitled to a one-time suspension of |
|---|
| 4285 | | - | program deadlines equal to the number of months such |
|---|
| 4286 | | - | statewide state of emergency existed with any partial month |
|---|
| 4287 | | - | rounded to the next whole. During such suspension, the |
|---|
| 4288 | | - | qualified company or industrial development authority shall |
|---|
| 4289 | | - | not be entitled to retain any withholding tax as calculated |
|---|
| 4290 | | - | under subdivision (38) of section 620.2005 nor shall it earn |
|---|
| 4291 | | - | any awarded tax credit or receive any tax credit under the |
|---|
| 4292 | | - | program for the suspension period. The suspension period |
|---|
| 4293 | | - | shall run consecutively and be available to a qualified |
|---|
| 4294 | | - | company or industrial development authority that, during the |
|---|
| 4295 | | - | statewide state of emergency, submitted notice of intent |
|---|
| 4296 | | - | that was approved or that was in year one or a subsequent |
|---|
| 4297 | | - | year of benefits under a program agreement with the |
|---|
| 4298 | | - | department. The suspension period that runs consecutively |
|---|
| 4299 | | - | and may be available to a qualified company or industrial |
|---|
| 4300 | | - | development authority as provided in this subsection may |
|---|
| 4301 | | - | apply retroactively. Any qualified company or industrial |
|---|
| 4302 | | - | development authority requesting a suspension pursuant to |
|---|
| 4303 | | - | this subsection shall submit notice to the department on its |
|---|
| 4304 | | - | 127 |
|---|
| 4305 | | - | provided form identifying the requested start and end dates |
|---|
| 4306 | | - | of the suspension, not to exceed the maximum number of |
|---|
| 4307 | | - | months available under this subsection. Such notice shall |
|---|
| 4308 | | - | be submitted to the department not later than the end of the |
|---|
| 4309 | | - | twelfth month following the termination of the state of |
|---|
| 4310 | | - | emergency. No suspension period shall start later than the |
|---|
| 4311 | | - | date on which the state of emergen cy was terminated. The |
|---|
| 4312 | | - | department and the qualified company or the industrial |
|---|
| 4313 | | - | development authority shall enter into a program agreement |
|---|
| 4314 | | - | or shall amend an existing program agreement, as applicable, |
|---|
| 4315 | | - | stating the deadlines following the suspension period and |
|---|
| 4316 | | - | updating the applicable wage requirements. Failure to |
|---|
| 4317 | | - | timely file the annual report required under this section |
|---|
| 4318 | | - | may result in the forfeiture of tax credits attributable to |
|---|
| 4319 | | - | the year for which the reporting was required and a |
|---|
| 4320 | | - | recapture of withhold ing taxes retained by the qualified |
|---|
| 4321 | | - | company or qualified military project during such year. |
|---|
| 4322 | | - | 4. The department may withhold the approval of any |
|---|
| 4323 | | - | benefits under this program until it is satisfied that |
|---|
| 4324 | | - | proper documentation has been provided, and shall reduce the |
|---|
| 4325 | | - | benefits to reflect any reduction in full -time employees or |
|---|
| 4326 | | - | payroll. Upon approval by the department, the qualified |
|---|
| 4327 | | - | company may begin the retention of the withholding taxes |
|---|
| 4328 | | - | when it reaches the required number of jobs and the average |
|---|
| 4329 | | - | wage meets or exceeds the applicable percentage of county |
|---|
| 4330 | | - | average wage. Tax credits, if any, may be issued upon |
|---|
| 4331 | | - | satisfaction by the department that the qualified company |
|---|
| 4332 | | - | has exceeded the applicable percentage of county average |
|---|
| 4333 | | - | wage and the required number of jobs; provided that, tax |
|---|
| 4334 | | - | credits awarded under subsection 7 of section 620.2010 may |
|---|
| 4335 | | - | be issued following the qualified company's acceptance of |
|---|
| 4336 | | - | the department's proposal and pursuant to the requirements |
|---|
| 4337 | | - | set forth in the written agreement between the d epartment |
|---|
| 4338 | | - | 128 |
|---|
| 4339 | | - | and the qualified company under subsection 4 of section |
|---|
| 4340 | | - | 620.2010. |
|---|
| 4341 | | - | 5. Any qualified company or qualified military project |
|---|
| 4342 | | - | approved for benefits under this program shall provide to |
|---|
| 4343 | | - | the department, upon request, any and all information and |
|---|
| 4344 | | - | records reasonably required to monitor compliance with |
|---|
| 4345 | | - | program requirements. This program shall be considered a |
|---|
| 4346 | | - | business recruitment tax credit under subdivision (3) of |
|---|
| 4347 | | - | subsection 2 of section 135.800, and any qualified company |
|---|
| 4348 | | - | or qualified military project approved for benefits under |
|---|
| 4349 | | - | this program shall be subject to the provisions of sections |
|---|
| 4350 | | - | 135.800 to 135.830. |
|---|
| 4351 | | - | 6. Any taxpayer who is awarded benefits under this |
|---|
| 4352 | | - | program who knowingly hires individuals who are not allowed |
|---|
| 4353 | | - | to work legally in the United States shall immediately |
|---|
| 4354 | | - | forfeit such benefits and shall repay the state an amount |
|---|
| 4355 | | - | equal to any state tax credits already redeemed and any |
|---|
| 4356 | | - | withholding taxes already retained. |
|---|
| 4357 | | - | 7. (1) The maximum amount of tax credits that may be |
|---|
| 4358 | | - | authorized under this program for any fiscal year shall be |
|---|
| 4359 | | - | limited as follows, less the amount of any tax credits |
|---|
| 4360 | | - | previously obligated for that fiscal year under any of the |
|---|
| 4361 | | - | tax credit programs referenced in subsection 14 of this |
|---|
| 4362 | | - | section: |
|---|
| 4363 | | - | (a) For the fiscal year beginning on July 1, 2013, but |
|---|
| 4364 | | - | ending on or before June 30, 2014, no more than one hundred |
|---|
| 4365 | | - | six million dollars in tax credits may be authorized; |
|---|
| 4366 | | - | (b) For the fiscal year beginning on July 1, 2014, but |
|---|
| 4367 | | - | ending on or before June 30, 2015, n o more than one hundred |
|---|
| 4368 | | - | eleven million dollars in tax credits may be authorized; |
|---|
| 4369 | | - | (c) For fiscal years beginning on or after July 1, |
|---|
| 4370 | | - | 2015, but ending on or before June 30, 2020, no more than |
|---|
| 4371 | | - | 129 |
|---|
| 4372 | | - | one hundred sixteen million dollars in tax credits may be |
|---|
| 4373 | | - | authorized for each fiscal year; and |
|---|
| 4374 | | - | (d) For all fiscal years beginning on or after July 1, |
|---|
| 4375 | | - | 2020, no more than one hundred six million dollars in tax |
|---|
| 4376 | | - | credits may be authorized for each fiscal year. The |
|---|
| 4377 | | - | provisions of this paragraph shall not app ly to tax credits |
|---|
| 4378 | | - | issued to qualified companies under a notice of intent filed |
|---|
| 4379 | | - | prior to July 1, 2020. |
|---|
| 4380 | | - | (2) For all fiscal years beginning on or after July 1, |
|---|
| 4381 | | - | 2020, in addition to the amount of tax credits that may be |
|---|
| 4382 | | - | authorized under paragraph (d) of subdivision (1) of this |
|---|
| 4383 | | - | subsection, an additional ten million dollars in tax credits |
|---|
| 4384 | | - | may be authorized for each fiscal year for the purpose of |
|---|
| 4385 | | - | the completion of infrastructure projects directly connected |
|---|
| 4386 | | - | with the creation or retention of jobs under the provisions |
|---|
| 4387 | | - | of sections 620.2000 to 620.2020 and an additional ten |
|---|
| 4388 | | - | million dollars in tax credits may be authorized for each |
|---|
| 4389 | | - | fiscal year for a qualified manufacturing company based on a |
|---|
| 4390 | | - | manufacturing capital investment as set forth in section |
|---|
| 4391 | | - | 620.2010. |
|---|
| 4392 | | - | 8. For all fiscal years beginning on or after July 1, |
|---|
| 4393 | | - | 2020, the maximum total amount of withholding tax that may |
|---|
| 4394 | | - | be authorized for retention for the creation of new jobs |
|---|
| 4395 | | - | under the provisions of sections 620.2000 to 620.2020 by |
|---|
| 4396 | | - | qualified companies with a project facility base employment |
|---|
| 4397 | | - | of at least fifty shall not exceed seventy -five million |
|---|
| 4398 | | - | dollars for each fiscal year. The provisions of this |
|---|
| 4399 | | - | subsection shall not apply to withholding tax authorized for |
|---|
| 4400 | | - | retention for the creation of new jobs by qualified |
|---|
| 4401 | | - | companies with a project facility base employment of less |
|---|
| 4402 | | - | than fifty. |
|---|
| 4403 | | - | 9. For tax credits for the creation of new jobs under |
|---|
| 4404 | | - | section 620.2010, the department shall allocate the annual |
|---|
| 4405 | | - | 130 |
|---|
| 4406 | | - | tax credits based on the date of the approval , reserving |
|---|
| 4407 | | - | such tax credits based on the department's best estimate of |
|---|
| 4408 | | - | new jobs and new payroll of the project, and any other |
|---|
| 4409 | | - | applicable factors in determining the amount of benefits |
|---|
| 4410 | | - | available to the qualified company or qualified military |
|---|
| 4411 | | - | project under this program; provided that, the department |
|---|
| 4412 | | - | may reserve up to twenty -one and one-half percent of the |
|---|
| 4413 | | - | maximum annual amount of tax credits that may be authorized |
|---|
| 4414 | | - | under subsection 7 of this section for award under |
|---|
| 4415 | | - | subsection 7 of section 620.2010. However, the annual |
|---|
| 4416 | | - | issuance of tax credits shall be subject to annual |
|---|
| 4417 | | - | verification of actual payroll by the department or, for |
|---|
| 4418 | | - | qualified military projects, annual verification of average |
|---|
| 4419 | | - | salary for the jobs directly created by the qualified |
|---|
| 4420 | | - | military project. Any authorization of tax credits shall |
|---|
| 4421 | | - | expire if, within two years from the date of commencement of |
|---|
| 4422 | | - | operations, or approval if applicable, the qualified company |
|---|
| 4423 | | - | has failed to meet the applicable minimum job requirements. |
|---|
| 4424 | | - | The qualified company may retain authorized amounts from the |
|---|
| 4425 | | - | withholding tax under the project once the applicable |
|---|
| 4426 | | - | minimum job requirements have been met for the duration of |
|---|
| 4427 | | - | the project period. No benefits shall be provided under |
|---|
| 4428 | | - | this program until the qualified company o r qualified |
|---|
| 4429 | | - | military project meets the applicable minimum new job |
|---|
| 4430 | | - | requirements or, for benefits awarded under subsection 7 of |
|---|
| 4431 | | - | section 620.2010, until the qualified company has satisfied |
|---|
| 4432 | | - | the requirements set forth in the written agreement between |
|---|
| 4433 | | - | the department and the qualified company under subsection 4 |
|---|
| 4434 | | - | of section 620.2010. In the event the qualified company or |
|---|
| 4435 | | - | qualified military project does not meet the applicable |
|---|
| 4436 | | - | minimum new job requirements, the qualified company or |
|---|
| 4437 | | - | qualified military project may submit a new notice of intent |
|---|
| 4438 | | - | or the department may provide a new approval for a new |
|---|
| 4439 | | - | 131 |
|---|
| 4440 | | - | project of the qualified company or qualified military |
|---|
| 4441 | | - | project at the project facility or other facilities. |
|---|
| 4442 | | - | 10. Tax credits provided under this program may b e |
|---|
| 4443 | | - | claimed against taxes otherwise imposed by chapters 143 and |
|---|
| 4444 | | - | 148, and may not be carried forward, but shall be claimed |
|---|
| 4445 | | - | within one year of the close of the taxable year for which |
|---|
| 4446 | | - | they were issued. Tax credits provided under this program |
|---|
| 4447 | | - | may be transferred, sold, or assigned by filing a notarized |
|---|
| 4448 | | - | endorsement thereof with the department that names the |
|---|
| 4449 | | - | transferee, the amount of tax credit transferred, and the |
|---|
| 4450 | | - | value received for the credit, as well as any other |
|---|
| 4451 | | - | information reasonably requested by the department. For a |
|---|
| 4452 | | - | qualified company with flow -through tax treatment to its |
|---|
| 4453 | | - | members, partners, or shareholders, the tax credit shall be |
|---|
| 4454 | | - | allowed to members, partners, or shareholders in proportion |
|---|
| 4455 | | - | to their share of ownership on the last day of the quali fied |
|---|
| 4456 | | - | company's tax period. |
|---|
| 4457 | | - | 11. Prior to the issuance of tax credits or the |
|---|
| 4458 | | - | qualified company beginning to retain withholding taxes, the |
|---|
| 4459 | | - | department shall verify through the department of revenue |
|---|
| 4460 | | - | and any other applicable state department that the t ax |
|---|
| 4461 | | - | credit applicant does not owe any delinquent income, sales, |
|---|
| 4462 | | - | or use tax or interest or penalties on such taxes, or any |
|---|
| 4463 | | - | delinquent fees or assessments levied by any state |
|---|
| 4464 | | - | department and through the department of commerce and |
|---|
| 4465 | | - | insurance that the applic ant does not owe any delinquent |
|---|
| 4466 | | - | insurance taxes or other fees. Such delinquency shall not |
|---|
| 4467 | | - | affect the approval, except that any tax credits issued |
|---|
| 4468 | | - | shall be first applied to the delinquency and any amount |
|---|
| 4469 | | - | issued shall be reduced by the applicant's tax d elinquency. |
|---|
| 4470 | | - | If the department of revenue, the department of commerce and |
|---|
| 4471 | | - | insurance, or any other state department concludes that a |
|---|
| 4472 | | - | taxpayer is delinquent after June fifteenth but before July |
|---|
| 4473 | | - | 132 |
|---|
| 4474 | | - | first of any year and the application of tax credits to such |
|---|
| 4475 | | - | delinquency causes a tax deficiency on behalf of the |
|---|
| 4476 | | - | taxpayer to arise, then the taxpayer shall be granted thirty |
|---|
| 4477 | | - | days to satisfy the deficiency in which interest, penalties, |
|---|
| 4478 | | - | and additions to tax shall be tolled. After applying all |
|---|
| 4479 | | - | available credits toward a tax delinquency, the |
|---|
| 4480 | | - | administering agency shall notify the appropriate department |
|---|
| 4481 | | - | and that department shall update the amount of outstanding |
|---|
| 4482 | | - | delinquent tax owed by the applicant. If any credits remain |
|---|
| 4483 | | - | after satisfying all insurance, income, sales, and use tax |
|---|
| 4484 | | - | delinquencies, the remaining credits shall be issued to the |
|---|
| 4485 | | - | applicant, subject to the restrictions of other provisions |
|---|
| 4486 | | - | of law. |
|---|
| 4487 | | - | 12. The director of revenue shall issue a refund to |
|---|
| 4488 | | - | the qualified company to the extent that the amo unt of tax |
|---|
| 4489 | | - | credits allowed under this program exceeds the amount of the |
|---|
| 4490 | | - | qualified company's tax liability under chapter 143 or 148. |
|---|
| 4491 | | - | 13. An employee of a qualified company shall receive |
|---|
| 4492 | | - | full credit for the amount of tax withheld as provided in |
|---|
| 4493 | | - | section 143.211. |
|---|
| 4494 | | - | 14. Notwithstanding any provision of law to the |
|---|
| 4495 | | - | contrary, beginning August 28, 2013, no new benefits shall |
|---|
| 4496 | | - | be authorized for any project that had not received from the |
|---|
| 4497 | | - | department a proposal or approval for such benefits prior to |
|---|
| 4498 | | - | August 28, 2013, under the development tax credit program |
|---|
| 4499 | | - | created under sections 32.100 to 32.125, the rebuilding |
|---|
| 4500 | | - | communities tax credit program created under section |
|---|
| 4501 | | - | 135.535, the enhanced enterprise zone tax credit program |
|---|
| 4502 | | - | created under sections 135.950 to 135.973, and the Missouri |
|---|
| 4503 | | - | quality jobs program created under sections 620.1875 to |
|---|
| 4504 | | - | 620.1890. The provisions of this subsection shall not be |
|---|
| 4505 | | - | construed to limit or impair the ability of any |
|---|
| 4506 | | - | administering agency to authorize or issue benefits for any |
|---|
| 4507 | | - | 133 |
|---|
| 4508 | | - | project that had received an approval or a proposal from the |
|---|
| 4509 | | - | department under any of the programs referenced in this |
|---|
| 4510 | | - | subsection prior to August 28, 2013, or the ability of any |
|---|
| 4511 | | - | taxpayer to redeem any such tax credits or to retain any |
|---|
| 4512 | | - | withholding tax under an approval issued prior to that |
|---|
| 4513 | | - | date. The provisions of this subsection shall not be |
|---|
| 4514 | | - | construed to limit or in any way impair the ability of any |
|---|
| 4515 | | - | governing authority to provide any local abatement or |
|---|
| 4516 | | - | designate a new zone under the enhanced enterpris e zone |
|---|
| 4517 | | - | program created by sections 135.950 to 135.963. |
|---|
| 4518 | | - | Notwithstanding any provision of law to the contrary, no |
|---|
| 4519 | | - | qualified company that is awarded benefits under this |
|---|
| 4520 | | - | program shall[: |
|---|
| 4521 | | - | (1)] simultaneously receive benefits under the |
|---|
| 4522 | | - | programs referenced in this subsection at the same capital |
|---|
| 4523 | | - | investment[; or |
|---|
| 4524 | | - | (2) Receive benefits under the provisions of section |
|---|
| 4525 | | - | 620.1910 for the same jobs ]. |
|---|
| 4526 | | - | 15. If any provision of sections 620.2000 to 620.2020 |
|---|
| 4527 | | - | or application thereof to any person or circu mstance is held |
|---|
| 4528 | | - | invalid, the invalidity shall not affect other provisions or |
|---|
| 4529 | | - | application of these sections which can be given effect |
|---|
| 4530 | | - | without the invalid provisions or application, and to this |
|---|
| 4531 | | - | end, the provisions of sections 620.2000 to 620.2020 are |
|---|
| 4532 | | - | hereby declared severable. |
|---|
| 4533 | | - | 16. By no later than January 1, 2014, and the first |
|---|
| 4534 | | - | day of each calendar quarter thereafter, the department |
|---|
| 4535 | | - | shall present a quarterly report to the general assembly |
|---|
| 4536 | | - | detailing the benefits authorized under this program duri ng |
|---|
| 4537 | | - | the immediately preceding calendar quarter to the extent |
|---|
| 4538 | | - | such information may be disclosed under state and federal |
|---|
| 4539 | | - | law. The report shall include, at a minimum: |
|---|
| 4540 | | - | 134 |
|---|
| 4541 | | - | (1) A list of all approved and disapproved applicants |
|---|
| 4542 | | - | for each tax credit; |
|---|
| 4543 | | - | (2) A list of the aggregate amount of new or retained |
|---|
| 4544 | | - | jobs that are directly attributable to the tax credits |
|---|
| 4545 | | - | authorized; |
|---|
| 4546 | | - | (3) A statement of the aggregate amount of new capital |
|---|
| 4547 | | - | investment directly attributable to the tax credits |
|---|
| 4548 | | - | authorized; |
|---|
| 4549 | | - | (4) Documentation of the estimated net state fiscal |
|---|
| 4550 | | - | benefit for each authorized project and, to the extent |
|---|
| 4551 | | - | available, the actual benefit realized upon completion of |
|---|
| 4552 | | - | such project or activity; and |
|---|
| 4553 | | - | (5) The department's response time for each request |
|---|
| 4554 | | - | for a proposed benefit award under this program. |
|---|
| 4555 | | - | 17. The department may adopt such rules, statements of |
|---|
| 4556 | | - | policy, procedures, forms, and guidelines as may be |
|---|
| 4557 | | - | necessary to carry out the provisions of sections 620.2000 |
|---|
| 4558 | | - | to 620.2020. Any rule or portion of a rule, as that term is |
|---|
| 4559 | | - | defined in section 536.010, that is created under the |
|---|
| 4560 | | - | authority delegated in this section shall become effective |
|---|
| 4561 | | - | only if it complies with and is subject to all of the |
|---|
| 4562 | | - | provisions of chapter 536 and, if applicable, section |
|---|
| 4563 | | - | 536.028. This section and chapter 536 are nonseverable and |
|---|
| 4564 | | - | if any of the powers vested with the general assembly |
|---|
| 4565 | | - | pursuant to chapter 536 to review, to delay the effective |
|---|
| 4566 | | - | date, or to disapprove and annul a rule are subsequently |
|---|
| 4567 | | - | held unconstitutional, t hen the grant of rulemaking |
|---|
| 4568 | | - | authority and any rule proposed or adopted after August 28, |
|---|
| 4569 | | - | 2013, shall be invalid and void. |
|---|
| 4570 | | - | 18. Under section 23.253 of the Missouri sunset act: |
|---|
| 4571 | | - | (1) The provisions of the program authorized under |
|---|
| 4572 | | - | sections 620.2000 to 620.2020 shall be reauthorized as of |
|---|
| 4573 | | - | August 28, 2018, and shall expire on August 28, 2030; and |
|---|
| 4574 | | - | 135 |
|---|
| 4575 | | - | (2) If such program is reauthorized, the program |
|---|
| 4576 | | - | authorized under this section shall automatically sunset |
|---|
| 4577 | | - | twelve years after the effective date of the reauthorization |
|---|
| 4578 | | - | of sections 620.2000 to 620.2020; and |
|---|
| 4579 | | - | (3) Sections 620.2000 to 620.2020 shall terminate on |
|---|
| 4580 | | - | September first of the calendar year immediately following |
|---|
| 4581 | | - | the calendar year in which the program authorized under |
|---|
| 4582 | | - | sections 620.2000 to 620.2020 is sunset. |
|---|
| 4583 | | - | 630.717. 1. Any residential facility or day program |
|---|
| 4584 | | - | which provides services exclusively to those persons |
|---|
| 4585 | | - | affected by alcohol or drug abuse shall be exempt from |
|---|
| 4586 | | - | licensure rules promulgated by the department. |
|---|
| 4587 | | - | 2. Any residential facility or day program which |
|---|
| 4588 | | - | offers services, treatment or rehabilitation to persons |
|---|
| 4589 | | - | affected by alcohol or drug abuse shall submit to the |
|---|
| 4590 | | - | department a description of the services, treatment or |
|---|
| 4591 | | - | rehabilitation which it offers, a state ment of whether each |
|---|
| 4592 | | - | facility or program is required to meet any fire -safety |
|---|
| 4593 | | - | standards of a municipality, political subdivision of the |
|---|
| 4594 | | - | state, and documentation of compliance with such standards, |
|---|
| 4595 | | - | if they apply. |
|---|
| 4596 | | - | 3. [The department shall survey all such facilities |
|---|
| 4597 | | - | and programs and shall prepare a report for submission to |
|---|
| 4598 | | - | the general assembly of actions necessary to bring such |
|---|
| 4599 | | - | facilities and programs in compliance with fire -safety |
|---|
| 4600 | | - | standards developed by the department for certification. |
|---|
| 4601 | | - | The report shall be filed with the speaker of the house and |
|---|
| 4602 | | - | the president pro tem of the senate by January 1, 1983. |
|---|
| 4603 | | - | 4.] Failure of a facility or program to submit |
|---|
| 4604 | | - | information requested by the department and required by this |
|---|
| 4605 | | - | section shall disqualify such facility or program from |
|---|
| 4606 | | - | receiving department certification or funding until such |
|---|
| 4607 | | - | information is submitted. |
|---|
| 4608 | | - | 136 |
|---|
| 4609 | | - | [21.851. 1. There is hereby established a |
|---|
| 4610 | | - | joint committee of the general assembly, which |
|---|
| 4611 | | - | shall be known as the "Joint Committee on |
|---|
| 4612 | | - | Disaster Preparedness and Awareness" and shall |
|---|
| 4613 | | - | be composed of the following members: |
|---|
| 4614 | | - | (1) Three members of the senate to be |
|---|
| 4615 | | - | appointed by the president pro tempore of the |
|---|
| 4616 | | - | senate; |
|---|
| 4617 | | - | (2) Two members of the senate to be |
|---|
| 4618 | | - | appointed by the minor ity floor leader of the |
|---|
| 4619 | | - | senate; |
|---|
| 4620 | | - | (3) Three members of the house of |
|---|
| 4621 | | - | representatives to be appointed by the speaker |
|---|
| 4622 | | - | of the house of representatives; |
|---|
| 4623 | | - | (4) Two members of the house of |
|---|
| 4624 | | - | representatives to be appointed by the minority |
|---|
| 4625 | | - | floor leader of the house of representatives; |
|---|
| 4626 | | - | (5) The director of the department of |
|---|
| 4627 | | - | public safety, or his or her designee; |
|---|
| 4628 | | - | (6) The director of the department of |
|---|
| 4629 | | - | agriculture, or his or her designee; and |
|---|
| 4630 | | - | (7) The adjutant general of the state, or |
|---|
| 4631 | | - | his or her designee. |
|---|
| 4632 | | - | 2. A majority of the members of the |
|---|
| 4633 | | - | committee shall constitute a quorum, but the |
|---|
| 4634 | | - | concurrence of a majority of the members shall |
|---|
| 4635 | | - | be required for the determination of any matter |
|---|
| 4636 | | - | within the committee's duties. |
|---|
| 4637 | | - | 3. The joint committee shall make a |
|---|
| 4638 | | - | continuous study and investigation into issues |
|---|
| 4639 | | - | relating to disaster preparedness and awareness |
|---|
| 4640 | | - | including, but not limited to, the following |
|---|
| 4641 | | - | areas: |
|---|
| 4642 | | - | (1) Natural and manmade disasters; |
|---|
| 4643 | | - | (2) State and local preparedness for |
|---|
| 4644 | | - | floods; |
|---|
| 4645 | | - | (3) State and local preparedness for |
|---|
| 4646 | | - | tornados, blizzards, and other severe storms; |
|---|
| 4647 | | - | (4) Food and energy resiliency; |
|---|
| 4648 | | - | (5) Cybersecurity; |
|---|
| 4649 | | - | (6) The budget reserve fund established |
|---|
| 4650 | | - | under Article IV, Section 27(a) of the Missouri |
|---|
| 4651 | | - | Constitution; |
|---|
| 4652 | | - | (7) The protection of vulnerable |
|---|
| 4653 | | - | populations in intermediate care facilities and |
|---|
| 4654 | | - | 137 |
|---|
| 4655 | | - | skilled nursing facilities as those terms are |
|---|
| 4656 | | - | defined in section 198.006; and |
|---|
| 4657 | | - | (8) Premises that have been previously |
|---|
| 4658 | | - | contaminated with radioacti ve material. |
|---|
| 4659 | | - | 4. The joint committee shall compile a |
|---|
| 4660 | | - | full report of its activities for submission to |
|---|
| 4661 | | - | the general assembly. The report shall be |
|---|
| 4662 | | - | submitted not later than January first of even - |
|---|
| 4663 | | - | numbered years and may include any |
|---|
| 4664 | | - | recommendations whic h the committee may have for |
|---|
| 4665 | | - | legislative action. The report may also include |
|---|
| 4666 | | - | an analysis and statement of the manner in which |
|---|
| 4667 | | - | statutory provisions relating to disaster |
|---|
| 4668 | | - | preparedness and awareness are being executed. |
|---|
| 4669 | | - | 5. The joint committee may emp loy such |
|---|
| 4670 | | - | personnel as it deems necessary to carry out the |
|---|
| 4671 | | - | duties imposed by this section, within the |
|---|
| 4672 | | - | limits of any appropriation for such purpose. |
|---|
| 4673 | | - | 6. The members of the committee shall |
|---|
| 4674 | | - | serve without compensation, but any actual and |
|---|
| 4675 | | - | necessary expenses incurred in the performance |
|---|
| 4676 | | - | of the committee's official duties by the joint |
|---|
| 4677 | | - | committee, its members, and any staff assigned |
|---|
| 4678 | | - | to the committee shall be paid from the joint |
|---|
| 4679 | | - | contingent fund. |
|---|
| 4680 | | - | 7. This section shall expire on December |
|---|
| 4681 | | - | 31, 2022.] |
|---|
| 4682 | | - | [32.088. 1. There is hereby created the |
|---|
| 4683 | | - | "Missouri Task Force on Fair, Nondiscriminatory |
|---|
| 4684 | | - | Local Taxation Concerning Motor Vehicles, |
|---|
| 4685 | | - | Trailers, Boats, and Outboard Motors" to consist |
|---|
| 4686 | | - | of the following members: |
|---|
| 4687 | | - | (1) The following six members of the |
|---|
| 4688 | | - | general assembly: |
|---|
| 4689 | | - | (a) Three members of the house of |
|---|
| 4690 | | - | representatives, with no more than two members |
|---|
| 4691 | | - | from the same political party and each member to |
|---|
| 4692 | | - | be appointed by the speaker of the house of |
|---|
| 4693 | | - | representatives; and |
|---|
| 4694 | | - | (b) Three members of the senate, with no |
|---|
| 4695 | | - | more than two members from the same political |
|---|
| 4696 | | - | party and each member to be appointed by the |
|---|
| 4697 | | - | president pro tempore of the senate; |
|---|
| 4698 | | - | (2) The director of the department of |
|---|
| 4699 | | - | revenue or the director's designee; |
|---|
| 4700 | | - | 138 |
|---|
| 4701 | | - | (3) Two Missouri motor vehicle dealers, |
|---|
| 4702 | | - | with one to be appointed by the speaker of the |
|---|
| 4703 | | - | house of representatives and one to be appointed |
|---|
| 4704 | | - | by the president pro tempore of the senate; |
|---|
| 4705 | | - | (4) Two representatives from Missouri |
|---|
| 4706 | | - | county governments, with one to be a ppointed by |
|---|
| 4707 | | - | the speaker of the house of representatives and |
|---|
| 4708 | | - | one to be appointed by the president pro tempore |
|---|
| 4709 | | - | of the senate; |
|---|
| 4710 | | - | (5) Two representatives from Missouri city |
|---|
| 4711 | | - | governments, with one to be appointed by the |
|---|
| 4712 | | - | speaker of the house of represent atives and one |
|---|
| 4713 | | - | to be appointed by the president pro tempore of |
|---|
| 4714 | | - | the senate; and |
|---|
| 4715 | | - | (6) One Missouri marine dealer, to be |
|---|
| 4716 | | - | appointed by the speaker of the house of |
|---|
| 4717 | | - | representatives. |
|---|
| 4718 | | - | 2. The task force shall meet within thirty |
|---|
| 4719 | | - | days after its creati on and organize by |
|---|
| 4720 | | - | selecting a chair and a vice chair, one of whom |
|---|
| 4721 | | - | shall be a member of the senate and the other of |
|---|
| 4722 | | - | whom shall be a member of the house of |
|---|
| 4723 | | - | representatives. The chair shall designate a |
|---|
| 4724 | | - | person to keep the records of the task force. A |
|---|
| 4725 | | - | majority of the task force constitutes a quorum |
|---|
| 4726 | | - | and a majority vote of a quorum is required for |
|---|
| 4727 | | - | any action. |
|---|
| 4728 | | - | 3. The task force shall meet at least |
|---|
| 4729 | | - | quarterly. However, the task force shall meet |
|---|
| 4730 | | - | at least monthly during each term of the general |
|---|
| 4731 | | - | assembly. Meetings may be held by telephone or |
|---|
| 4732 | | - | video conference at the discretion of the chair. |
|---|
| 4733 | | - | 4. Members shall serve on the task force |
|---|
| 4734 | | - | without compensation but may, subject to |
|---|
| 4735 | | - | appropriation, be reimbursed for actual and |
|---|
| 4736 | | - | necessary expenses incurre d in the performance |
|---|
| 4737 | | - | of their official duties as members of the task |
|---|
| 4738 | | - | force. |
|---|
| 4739 | | - | 5. The goals of the task force shall |
|---|
| 4740 | | - | address: |
|---|
| 4741 | | - | (1) The disparity in taxation that |
|---|
| 4742 | | - | resulted from the Missouri Supreme Court's |
|---|
| 4743 | | - | decision in Street v. Director of Reven ue, 361 |
|---|
| 4744 | | - | S.W.3d 355 (Mo. en banc 2012), concerning the |
|---|
| 4745 | | - | local taxation of motor vehicles, boats, |
|---|
| 4746 | | - | 139 |
|---|
| 4747 | | - | trailers, and outboard motors if purchased from |
|---|
| 4748 | | - | a source other than a licensed Missouri dealer; |
|---|
| 4749 | | - | (2) The need for local jurisdictions to |
|---|
| 4750 | | - | continue to receive revenue to provide vital |
|---|
| 4751 | | - | services restored by S.B. 23, effective July 5, |
|---|
| 4752 | | - | 2013; and |
|---|
| 4753 | | - | (3) The need to avoid placing Missouri |
|---|
| 4754 | | - | dealers of motor vehicles, outboard motors, |
|---|
| 4755 | | - | boats, and trailers at a competitive |
|---|
| 4756 | | - | disadvantage to non-Missouri dealers of motor |
|---|
| 4757 | | - | vehicles, outboard motors, boats, and trailers. |
|---|
| 4758 | | - | 6. The task force shall: |
|---|
| 4759 | | - | (1) Review evidence regarding the methods |
|---|
| 4760 | | - | to address the goals of the task force; |
|---|
| 4761 | | - | (2) Review the methods used by other |
|---|
| 4762 | | - | states to address the goals of th e task force; |
|---|
| 4763 | | - | (3) Review the impact of the disparity of |
|---|
| 4764 | | - | treatment on Missouri dealers; and |
|---|
| 4765 | | - | (4) Develop legislation that will not |
|---|
| 4766 | | - | discriminate against Missouri dealers and will |
|---|
| 4767 | | - | safeguard local revenue to provide vital local |
|---|
| 4768 | | - | services. |
|---|
| 4769 | | - | 7. On or before December 31, 2017, the |
|---|
| 4770 | | - | task force shall submit a report on its findings |
|---|
| 4771 | | - | to the governor and general assembly. The |
|---|
| 4772 | | - | report shall include any dissenting opinions in |
|---|
| 4773 | | - | addition to any majority opinions. |
|---|
| 4774 | | - | 8. The task force shall expire on January |
|---|
| 4775 | | - | 1, 2018, or upon submission of a report under |
|---|
| 4776 | | - | subsection 7 of this section, whichever is |
|---|
| 4777 | | - | earlier.] |
|---|
| 4778 | | - | [67.5125. By December 31, 2018, the |
|---|
| 4779 | | - | department of revenue shall prepare and deliver |
|---|
| 4780 | | - | a report to the general assembly on the am ount |
|---|
| 4781 | | - | of revenue collected by local governments for |
|---|
| 4782 | | - | the previous three fiscal years from |
|---|
| 4783 | | - | communications service providers, as such term |
|---|
| 4784 | | - | is defined in section 67.5111; a direct -to-home |
|---|
| 4785 | | - | satellite service, as defined in Public Law 104 - |
|---|
| 4786 | | - | 104, Title VI, Section 602; and any video |
|---|
| 4787 | | - | service provided through electronic commerce, as |
|---|
| 4788 | | - | defined in Public Law 105 -277, Title XI, as |
|---|
| 4789 | | - | amended, Section 1105(3), from video fees, |
|---|
| 4790 | | - | linear-foot fees, antenna fees, sales and use |
|---|
| 4791 | | - | taxes, gross receipts taxes, business license |
|---|
| 4792 | | - | 140 |
|---|
| 4793 | | - | fees, business license taxes, or any other taxes |
|---|
| 4794 | | - | or fees assessed to such providers. ] |
|---|
| 4795 | | - | [99.1205. 1. This section shall be known |
|---|
| 4796 | | - | and may be cited as the "Distressed Areas Land |
|---|
| 4797 | | - | Assemblage Tax Credit Act". |
|---|
| 4798 | | - | 2. As used in this section , the following |
|---|
| 4799 | | - | terms mean: |
|---|
| 4800 | | - | (1) "Acquisition costs", the purchase |
|---|
| 4801 | | - | price for the eligible parcel, costs of |
|---|
| 4802 | | - | environmental assessments, closing costs, real |
|---|
| 4803 | | - | estate brokerage fees, reasonable demolition |
|---|
| 4804 | | - | costs of vacant structures, and reasonable |
|---|
| 4805 | | - | maintenance costs incurred to maintain an |
|---|
| 4806 | | - | acquired eligible parcel for a period of five |
|---|
| 4807 | | - | years after the acquisition of such eligible |
|---|
| 4808 | | - | parcel. Acquisition costs shall not include |
|---|
| 4809 | | - | costs for title insurance and survey, attorney's |
|---|
| 4810 | | - | fees, relocation costs, fin es, or bills from a |
|---|
| 4811 | | - | municipality; |
|---|
| 4812 | | - | (2) "Applicant", any person, firm, |
|---|
| 4813 | | - | partnership, trust, limited liability company, |
|---|
| 4814 | | - | or corporation which has: |
|---|
| 4815 | | - | (a) Incurred, within an eligible project |
|---|
| 4816 | | - | area, acquisition costs for the acquisition of |
|---|
| 4817 | | - | land sufficient to satisfy the requirements |
|---|
| 4818 | | - | under subdivision (8) of this subsection; and |
|---|
| 4819 | | - | (b) Been appointed or selected, pursuant |
|---|
| 4820 | | - | to a redevelopment agreement by a municipal |
|---|
| 4821 | | - | authority, as a redeveloper or similar |
|---|
| 4822 | | - | designation, under an economic incentive law, to |
|---|
| 4823 | | - | redevelop an urban renewal area or a |
|---|
| 4824 | | - | redevelopment area that includes all of an |
|---|
| 4825 | | - | eligible project area or whose redevelopment |
|---|
| 4826 | | - | plan or redevelopment area, which encompasses |
|---|
| 4827 | | - | all of an eligible project area, has been |
|---|
| 4828 | | - | approved or adopted under an economic incentive |
|---|
| 4829 | | - | law. In addition to being designated the |
|---|
| 4830 | | - | redeveloper, the applicant shall have been |
|---|
| 4831 | | - | designated to receive economic incentives only |
|---|
| 4832 | | - | after the municipal authority has considered the |
|---|
| 4833 | | - | amount of the tax credits in adopting such |
|---|
| 4834 | | - | economic incentives as provided in subsection 8 |
|---|
| 4835 | | - | of this section. The redevelopment agreement |
|---|
| 4836 | | - | shall provide that: |
|---|
| 4837 | | - | 141 |
|---|
| 4838 | | - | a. The funds generated through the use or |
|---|
| 4839 | | - | sale of the tax credits issued under this |
|---|
| 4840 | | - | section shall be used to redevelop the eligible |
|---|
| 4841 | | - | project area; |
|---|
| 4842 | | - | b. No more than seventy -five percent of |
|---|
| 4843 | | - | the urban renewal area identified in the urban |
|---|
| 4844 | | - | renewal plan or the redevelopment area |
|---|
| 4845 | | - | identified in the redevelopment plan may be |
|---|
| 4846 | | - | redeveloped by the applicant; and |
|---|
| 4847 | | - | c. The remainder of the urba n renewal area |
|---|
| 4848 | | - | or the redevelopment area shall be redeveloped |
|---|
| 4849 | | - | by co-redevelopers or redevelopers to whom the |
|---|
| 4850 | | - | applicant has assigned its redevelopment rights |
|---|
| 4851 | | - | and obligations under the urban renewal plan or |
|---|
| 4852 | | - | the redevelopment plan; |
|---|
| 4853 | | - | (3) "Certificate", a tax credit |
|---|
| 4854 | | - | certificate issued under this section; |
|---|
| 4855 | | - | (4) "Condemnation proceedings", any action |
|---|
| 4856 | | - | taken by, or on behalf of, an applicant to |
|---|
| 4857 | | - | initiate an action in a court of competent |
|---|
| 4858 | | - | jurisdiction to use the power of eminent domain |
|---|
| 4859 | | - | to acquire a parcel within the eligible project |
|---|
| 4860 | | - | area. Condemnation proceedings shall include |
|---|
| 4861 | | - | any and all actions taken after the submission |
|---|
| 4862 | | - | of a notice of intended acquisition to an owner |
|---|
| 4863 | | - | of a parcel within the eligible project area by |
|---|
| 4864 | | - | a municipal authority or an y other person or |
|---|
| 4865 | | - | entity under section 523.250; |
|---|
| 4866 | | - | (5) "Department", the Missouri department |
|---|
| 4867 | | - | of economic development; |
|---|
| 4868 | | - | (6) "Economic incentive laws", any |
|---|
| 4869 | | - | provision of Missouri law pursuant to which |
|---|
| 4870 | | - | economic incentives are provided to redevelope rs |
|---|
| 4871 | | - | of a parcel or parcels to redevelop the land, |
|---|
| 4872 | | - | such as tax abatement or payments in lieu of |
|---|
| 4873 | | - | taxes, or redevelopment plans or redevelopment |
|---|
| 4874 | | - | projects approved or adopted which include the |
|---|
| 4875 | | - | use of economic incentives to redevelop the |
|---|
| 4876 | | - | land. Economic incentive laws include, but are |
|---|
| 4877 | | - | not limited to, the land clearance for |
|---|
| 4878 | | - | redevelopment authority law under sections |
|---|
| 4879 | | - | 99.300 to 99.660, the real property tax |
|---|
| 4880 | | - | increment allocation redevelopment act under |
|---|
| 4881 | | - | sections 99.800 to 99.865, the Missouri downtown |
|---|
| 4882 | | - | and rural economic stimulus act under sections |
|---|
| 4883 | | - | 99.915 to 99.1060, and the downtown |
|---|
| 4884 | | - | 142 |
|---|
| 4885 | | - | revitalization preservation program under |
|---|
| 4886 | | - | sections 99.1080 to 99.1092; |
|---|
| 4887 | | - | (7) "Eligible parcel", a parcel: |
|---|
| 4888 | | - | (a) Which is located within an eligible |
|---|
| 4889 | | - | project area; |
|---|
| 4890 | | - | (b) Which is to be redeveloped; |
|---|
| 4891 | | - | (c) On which the applicant has not |
|---|
| 4892 | | - | commenced construction prior to November 28, |
|---|
| 4893 | | - | 2007; |
|---|
| 4894 | | - | (d) Which has been acquired without the |
|---|
| 4895 | | - | commencement of any condemnation proceedings |
|---|
| 4896 | | - | with respect to such parcel brough t by or on |
|---|
| 4897 | | - | behalf of the applicant. Any parcel acquired by |
|---|
| 4898 | | - | the applicant from a municipal authority shall |
|---|
| 4899 | | - | not constitute an eligible parcel; and |
|---|
| 4900 | | - | (e) On which all outstanding taxes, fines, |
|---|
| 4901 | | - | and bills levied by municipal governments that |
|---|
| 4902 | | - | were levied by the municipality during the time |
|---|
| 4903 | | - | period that the applicant held title to the |
|---|
| 4904 | | - | eligible parcel have been paid in full; |
|---|
| 4905 | | - | (8) "Eligible project area", an area which |
|---|
| 4906 | | - | shall have satisfied the following requirements: |
|---|
| 4907 | | - | (a) The eligible project a rea shall |
|---|
| 4908 | | - | consist of at least seventy -five acres and may |
|---|
| 4909 | | - | include parcels within its boundaries that do |
|---|
| 4910 | | - | not constitute an eligible parcel; |
|---|
| 4911 | | - | (b) At least eighty percent of the |
|---|
| 4912 | | - | eligible project area shall be located within a |
|---|
| 4913 | | - | Missouri qualified censu s tract area, as |
|---|
| 4914 | | - | designated by the United States Department of |
|---|
| 4915 | | - | Housing and Urban Development under 26 U.S.C. |
|---|
| 4916 | | - | Section 42, or within a distressed community as |
|---|
| 4917 | | - | that term is defined in section 135.530; |
|---|
| 4918 | | - | (c) The eligible parcels acquired by the |
|---|
| 4919 | | - | applicant within the eligible project area shall |
|---|
| 4920 | | - | total at least fifty acres, which may consist of |
|---|
| 4921 | | - | contiguous and noncontiguous parcels; |
|---|
| 4922 | | - | (d) The average number of parcels per acre |
|---|
| 4923 | | - | in an eligible project area shall be four or |
|---|
| 4924 | | - | more; |
|---|
| 4925 | | - | (e) Less than five percent of the acreage |
|---|
| 4926 | | - | within the boundaries of the eligible project |
|---|
| 4927 | | - | area shall consist of owner -occupied residences |
|---|
| 4928 | | - | which the applicant has identified for |
|---|
| 4929 | | - | acquisition under the urban renewal plan or the |
|---|
| 4930 | | - | redevelopment plan pursuant to which the |
|---|
| 4931 | | - | 143 |
|---|
| 4932 | | - | applicant was appointed or selected as the |
|---|
| 4933 | | - | redeveloper or by which the person or entity was |
|---|
| 4934 | | - | qualified as an applicant under this section on |
|---|
| 4935 | | - | the date of the approval or adoption of such |
|---|
| 4936 | | - | plan; |
|---|
| 4937 | | - | (9) "Interest costs", interest, loan fees, |
|---|
| 4938 | | - | and closing costs. Interest costs shall not |
|---|
| 4939 | | - | include attorney's fees; |
|---|
| 4940 | | - | (10) "Maintenance costs", costs of |
|---|
| 4941 | | - | boarding up and securing vacant structures, |
|---|
| 4942 | | - | costs of removing trash, and costs of cutting |
|---|
| 4943 | | - | grass and weeds; |
|---|
| 4944 | | - | (11) "Municipal authority", any city, |
|---|
| 4945 | | - | town, village, county, public body corporate and |
|---|
| 4946 | | - | politic, political subdivision, or land trust of |
|---|
| 4947 | | - | this state established and authorized to own |
|---|
| 4948 | | - | land within the state; |
|---|
| 4949 | | - | (12) "Municipality", any city, town, |
|---|
| 4950 | | - | village, or county; |
|---|
| 4951 | | - | (13) "Parcel", a single lot or tract of |
|---|
| 4952 | | - | land, and the improvements thereon, owned by, or |
|---|
| 4953 | | - | recorded as the property of, one or more persons |
|---|
| 4954 | | - | or entities; |
|---|
| 4955 | | - | (14) "Redeveloped", the process of |
|---|
| 4956 | | - | undertaking and carrying out a redevelopment |
|---|
| 4957 | | - | plan or urban renewal plan pursu ant to which the |
|---|
| 4958 | | - | conditions which provided the basis for an |
|---|
| 4959 | | - | eligible project area to be included in a |
|---|
| 4960 | | - | redevelopment plan or urban renewal plan are to |
|---|
| 4961 | | - | be reduced or eliminated by redevelopment or |
|---|
| 4962 | | - | rehabilitation; and |
|---|
| 4963 | | - | (15) "Redevelopment agreement" , the |
|---|
| 4964 | | - | redevelopment agreement or similar agreement |
|---|
| 4965 | | - | into which the applicant entered with a |
|---|
| 4966 | | - | municipal authority and which is the agreement |
|---|
| 4967 | | - | for the implementation of the urban renewal plan |
|---|
| 4968 | | - | or redevelopment plan pursuant to which the |
|---|
| 4969 | | - | applicant was appointed or selected as the |
|---|
| 4970 | | - | redeveloper or by which the person or entity was |
|---|
| 4971 | | - | qualified as an applicant under this section; |
|---|
| 4972 | | - | and such appointment or selection shall have |
|---|
| 4973 | | - | been approved by an ordinance of the governing |
|---|
| 4974 | | - | body of the municipality, or municipalit ies, or |
|---|
| 4975 | | - | in the case of any city not within a county, the |
|---|
| 4976 | | - | board of aldermen, in which the eligible project |
|---|
| 4977 | | - | area is located. The redevelopment agreement |
|---|
| 4978 | | - | 144 |
|---|
| 4979 | | - | shall include a time line for redevelopment of |
|---|
| 4980 | | - | the eligible project area. The redevelopment |
|---|
| 4981 | | - | agreement shall state that the named developer |
|---|
| 4982 | | - | shall be subject to the provisions of chapter |
|---|
| 4983 | | - | 290. |
|---|
| 4984 | | - | 3. Any applicant shall be entitled to a |
|---|
| 4985 | | - | tax credit against the taxes imposed under |
|---|
| 4986 | | - | chapters 143, 147, and 148, except for sections |
|---|
| 4987 | | - | 143.191 to 143.265, i n an amount equal to fifty |
|---|
| 4988 | | - | percent of the acquisition costs, and one |
|---|
| 4989 | | - | hundred percent of the interest costs incurred |
|---|
| 4990 | | - | for a period of five years after the acquisition |
|---|
| 4991 | | - | of an eligible parcel. No tax credits shall be |
|---|
| 4992 | | - | issued under this section until after January 1, |
|---|
| 4993 | | - | 2008. |
|---|
| 4994 | | - | 4. If the amount of such tax credit |
|---|
| 4995 | | - | exceeds the total tax liability for the year in |
|---|
| 4996 | | - | which the applicant is entitled to receive a tax |
|---|
| 4997 | | - | credit, the amount that exceeds the state tax |
|---|
| 4998 | | - | liability may be carried forward for credit |
|---|
| 4999 | | - | against the taxes imposed under chapters 143, |
|---|
| 5000 | | - | 147, and 148 for the succeeding six years, or |
|---|
| 5001 | | - | until the full credit is used, whichever occurs |
|---|
| 5002 | | - | first. The applicant shall not be entitled to a |
|---|
| 5003 | | - | tax credit for taxes imposed under sections |
|---|
| 5004 | | - | 143.191 to 143.265. Applicants entitled to |
|---|
| 5005 | | - | receive such tax credits may transfer, sell, or |
|---|
| 5006 | | - | assign the tax credits. Tax credits granted to |
|---|
| 5007 | | - | a partnership, a limited liability company taxed |
|---|
| 5008 | | - | as a partnership, or multiple owners of property |
|---|
| 5009 | | - | shall be passed through to the part ners, |
|---|
| 5010 | | - | members, or owners respectively pro rata or |
|---|
| 5011 | | - | pursuant to an executed agreement among the |
|---|
| 5012 | | - | partners, members, or owners documenting an |
|---|
| 5013 | | - | alternate distribution method. |
|---|
| 5014 | | - | 5. A purchaser, transferee, or assignee of |
|---|
| 5015 | | - | the tax credits authorized under this section |
|---|
| 5016 | | - | may use acquired tax credits to offset up to one |
|---|
| 5017 | | - | hundred percent of the tax liabilities otherwise |
|---|
| 5018 | | - | imposed under chapters 143, 147, and 148, except |
|---|
| 5019 | | - | for sections 143.191 to 143.265. A seller, |
|---|
| 5020 | | - | transferor, or assignor shall perfect such |
|---|
| 5021 | | - | transfer by notifying the department in writing |
|---|
| 5022 | | - | within thirty calendar days following the |
|---|
| 5023 | | - | effective date of the transfer and shall provide |
|---|
| 5024 | | - | any information as may be required by the |
|---|
| 5025 | | - | 145 |
|---|
| 5026 | | - | department to administer and carry out the |
|---|
| 5027 | | - | provisions of this section. |
|---|
| 5028 | | - | 6. To claim tax credits authorized under |
|---|
| 5029 | | - | this section, an applicant shall submit to the |
|---|
| 5030 | | - | department an application for a certificate. An |
|---|
| 5031 | | - | applicant shall identify the boundaries of the |
|---|
| 5032 | | - | eligible project area in the application. The |
|---|
| 5033 | | - | department shall verify that the applicant has |
|---|
| 5034 | | - | submitted a valid application in the form and |
|---|
| 5035 | | - | format required by the department. The |
|---|
| 5036 | | - | department shall verify that the municipal |
|---|
| 5037 | | - | authority held the requisite hearings and gave |
|---|
| 5038 | | - | the requisite notices for such hearings in |
|---|
| 5039 | | - | accordance with the applicable economic |
|---|
| 5040 | | - | incentive act, and municipal ordinances. On an |
|---|
| 5041 | | - | annual basis, an applicant may file for the tax |
|---|
| 5042 | | - | credit for the acquisition costs, and for the |
|---|
| 5043 | | - | tax credit for the interest costs, subject to |
|---|
| 5044 | | - | the limitations of this section. If an |
|---|
| 5045 | | - | applicant applying for the tax credit meets the |
|---|
| 5046 | | - | criteria required under this section, the |
|---|
| 5047 | | - | department shall issue a certificate in the |
|---|
| 5048 | | - | appropriate amount. If an applicant receives a |
|---|
| 5049 | | - | tax credit for maintenance costs as a part of |
|---|
| 5050 | | - | the applicant's acquisition costs, the |
|---|
| 5051 | | - | department shall post on its internet website |
|---|
| 5052 | | - | the amount and type of maintenance costs and a |
|---|
| 5053 | | - | description of the redevelopment project for |
|---|
| 5054 | | - | which the applicant received a tax credit within |
|---|
| 5055 | | - | thirty days after the departme nt issues the |
|---|
| 5056 | | - | certificate to the applicant. |
|---|
| 5057 | | - | 7. The total aggregate amount of tax |
|---|
| 5058 | | - | credits authorized under this section shall not |
|---|
| 5059 | | - | exceed ninety-five million dollars. At no time |
|---|
| 5060 | | - | shall the annual amount of the tax credits |
|---|
| 5061 | | - | issued under this section exceed twenty million |
|---|
| 5062 | | - | dollars. If the tax credits that are to be |
|---|
| 5063 | | - | issued under this section exceed, in any year, |
|---|
| 5064 | | - | the twenty million dollar limitation, the |
|---|
| 5065 | | - | department shall either: |
|---|
| 5066 | | - | (1) Issue tax credits to the applicant in |
|---|
| 5067 | | - | the amount of twenty m illion dollars, if there |
|---|
| 5068 | | - | is only one applicant entitled to receive tax |
|---|
| 5069 | | - | credits in that year; or |
|---|
| 5070 | | - | (2) Issue the tax credits on a pro rata |
|---|
| 5071 | | - | basis to all applicants entitled to receive tax |
|---|
| 5072 | | - | 146 |
|---|
| 5073 | | - | credits in that year. Any amount of tax |
|---|
| 5074 | | - | credits, which an ap plicant is, or applicants |
|---|
| 5075 | | - | are, entitled to receive on an annual basis and |
|---|
| 5076 | | - | are not issued due to the twenty million dollar |
|---|
| 5077 | | - | limitation, shall be carried forward for the |
|---|
| 5078 | | - | benefit of the applicant or applicants to |
|---|
| 5079 | | - | subsequent years. |
|---|
| 5080 | | - | No tax credits provide d under this section shall |
|---|
| 5081 | | - | be authorized after August 28, 2013. Any tax |
|---|
| 5082 | | - | credits which have been authorized on or before |
|---|
| 5083 | | - | August 28, 2013, but not issued, may be issued, |
|---|
| 5084 | | - | subject to the limitations provided under this |
|---|
| 5085 | | - | subsection, until all such authoriz ed tax |
|---|
| 5086 | | - | credits have been issued. |
|---|
| 5087 | | - | 8. Upon issuance of any tax credits |
|---|
| 5088 | | - | pursuant to this section, the department shall |
|---|
| 5089 | | - | report to the municipal authority the |
|---|
| 5090 | | - | applicant's name and address, the parcel numbers |
|---|
| 5091 | | - | of the eligible parcels for which the tax |
|---|
| 5092 | | - | credits were issued, the itemized acquisition |
|---|
| 5093 | | - | costs and interest costs for which tax credits |
|---|
| 5094 | | - | were issued, and the total value of the tax |
|---|
| 5095 | | - | credits issued. The municipal authority and the |
|---|
| 5096 | | - | state shall not consider the amount of the tax |
|---|
| 5097 | | - | credits as an applicant's cost, but shall |
|---|
| 5098 | | - | include the tax credits in any sources and uses |
|---|
| 5099 | | - | and cost benefit analysis reviewed or created |
|---|
| 5100 | | - | for the purpose of awarding other economic |
|---|
| 5101 | | - | incentives. The amount of the tax credits shall |
|---|
| 5102 | | - | not be considered an applicant's cost in the |
|---|
| 5103 | | - | evaluation of the amount of any award of any |
|---|
| 5104 | | - | other economic incentives, but shall be |
|---|
| 5105 | | - | considered in measuring the reasonableness of |
|---|
| 5106 | | - | the rate of return to the applicant with respect |
|---|
| 5107 | | - | to such award of other economic incentives. The |
|---|
| 5108 | | - | municipal authority shall provide the report to |
|---|
| 5109 | | - | any relevant commission, board, or entity |
|---|
| 5110 | | - | responsible for the evaluation and |
|---|
| 5111 | | - | recommendation or approval of other economic |
|---|
| 5112 | | - | incentives to assist in the redevelopment of the |
|---|
| 5113 | | - | eligible project area. Tax credits authorized |
|---|
| 5114 | | - | under this section shall constitute |
|---|
| 5115 | | - | redevelopment tax credits, as such term is |
|---|
| 5116 | | - | defined under section 135.800, and shall be |
|---|
| 5117 | | - | subject to all provisions applicable to |
|---|
| 5118 | | - | 147 |
|---|
| 5119 | | - | redevelopment tax credits provided under |
|---|
| 5120 | | - | sections 135.800 to 135.830. |
|---|
| 5121 | | - | 9. The department may promulgate rules to |
|---|
| 5122 | | - | implement the provisions of this section. Any |
|---|
| 5123 | | - | rule or portion of a rule, as that term is |
|---|
| 5124 | | - | defined in section 536.010, that is created |
|---|
| 5125 | | - | under the authority delegated in this section |
|---|
| 5126 | | - | shall become effective only if it complie s with |
|---|
| 5127 | | - | and is subject to all of the provisions of |
|---|
| 5128 | | - | chapter 536 and, if applicable, section |
|---|
| 5129 | | - | 536.028. This section and chapter 536 are |
|---|
| 5130 | | - | nonseverable and if any of the powers vested |
|---|
| 5131 | | - | with the general assembly pursuant to chapter |
|---|
| 5132 | | - | 536 to review, to delay th e effective date, or |
|---|
| 5133 | | - | to disapprove and annul a rule are subsequently |
|---|
| 5134 | | - | held unconstitutional, then the grant of |
|---|
| 5135 | | - | rulemaking authority and any rule proposed or |
|---|
| 5136 | | - | adopted after August 28, 2007, shall be invalid |
|---|
| 5137 | | - | and void.] |
|---|
| 5138 | | - | [103.175. The board shall study and report |
|---|
| 5139 | | - | to the general assembly, on or before December |
|---|
| 5140 | | - | 15, 2003, on the feasibility of including in |
|---|
| 5141 | | - | this plan individuals who are employees of |
|---|
| 5142 | | - | eligible agencies which have not elected to join |
|---|
| 5143 | | - | the plan or who are retirees of school |
|---|
| 5144 | | - | districts.] |
|---|
| 5145 | | - | [103.178. 1. Beginning on a date |
|---|
| 5146 | | - | specified by the board of trustees of the |
|---|
| 5147 | | - | Missouri consolidated health care plan but not |
|---|
| 5148 | | - | later than July 1, 1995, the Missouri |
|---|
| 5149 | | - | consolidated health care plan established under |
|---|
| 5150 | | - | section 103.005 shall implement a pilot project |
|---|
| 5151 | | - | to make available to those residing in the pilot |
|---|
| 5152 | | - | project area who are covered by the plan an |
|---|
| 5153 | | - | alternative system of benefits for the treatment |
|---|
| 5154 | | - | of chemical dependency added to those benefits |
|---|
| 5155 | | - | regularly available to plan pa rticipants. The |
|---|
| 5156 | | - | benefits provided under the pilot project shall |
|---|
| 5157 | | - | be similar in scope and comprehensiveness, but |
|---|
| 5158 | | - | not limited to, the benefits provided for the |
|---|
| 5159 | | - | treatment and rehabilitation of persons who are |
|---|
| 5160 | | - | chemically dependent under the department of |
|---|
| 5161 | | - | mental health's comprehensive substance |
|---|
| 5162 | | - | treatment and rehabilitation program, popularly |
|---|
| 5163 | | - | described as the C-STAR program. Such a pilot |
|---|
| 5164 | | - | 148 |
|---|
| 5165 | | - | project shall operate for a period not to exceed |
|---|
| 5166 | | - | four years. To the extent that participation in |
|---|
| 5167 | | - | the pilot project incurs additional cost to a |
|---|
| 5168 | | - | person covered under the plan, participation |
|---|
| 5169 | | - | shall be voluntary. If no additional cost is |
|---|
| 5170 | | - | incurred, the alternative system of benefits may |
|---|
| 5171 | | - | be made in lieu of the regular benefits for the |
|---|
| 5172 | | - | services in the pilot project area . |
|---|
| 5173 | | - | 2. The Missouri state employees' |
|---|
| 5174 | | - | retirement system or the Missouri health care |
|---|
| 5175 | | - | plan, as appropriate, shall in cooperation with |
|---|
| 5176 | | - | the department of mental health and the |
|---|
| 5177 | | - | department of commerce and insurance design the |
|---|
| 5178 | | - | pilot project so as to gener ate data to evaluate |
|---|
| 5179 | | - | the costs and benefits of providing coverage of |
|---|
| 5180 | | - | chemical dependency using an alternative set of |
|---|
| 5181 | | - | benefits as provided in this section. The |
|---|
| 5182 | | - | Missouri consolidated health care plan shall at |
|---|
| 5183 | | - | the completion of the pilot project submit to |
|---|
| 5184 | | - | the governor and the members of the general |
|---|
| 5185 | | - | assembly a report which describes the results of |
|---|
| 5186 | | - | the evaluation of this pilot project. As |
|---|
| 5187 | | - | authorized by appropriations made for that |
|---|
| 5188 | | - | purpose, the Missouri state employees' |
|---|
| 5189 | | - | retirement system or the Misso uri consolidated |
|---|
| 5190 | | - | health care plan may contract with persons to |
|---|
| 5191 | | - | conduct an independent evaluation of the pilot |
|---|
| 5192 | | - | project established in this section. ] |
|---|
| 5193 | | - | [135.276. As used in sections 135.276 to |
|---|
| 5194 | | - | 135.283, the following terms mean: |
|---|
| 5195 | | - | (1) "Continuation of commercial |
|---|
| 5196 | | - | operations" shall be deemed to occur during the |
|---|
| 5197 | | - | first taxable year following the taxable year |
|---|
| 5198 | | - | during which the business entered into an |
|---|
| 5199 | | - | agreement with the department pursuant to |
|---|
| 5200 | | - | section 135.283 in order to receive the tax |
|---|
| 5201 | | - | exemption, tax credits and refundable credits |
|---|
| 5202 | | - | authorized by sections 135.276 to 135.283; |
|---|
| 5203 | | - | (2) "Department", the department of |
|---|
| 5204 | | - | economic development; |
|---|
| 5205 | | - | (3) "Director", the director of the |
|---|
| 5206 | | - | department of economic development; |
|---|
| 5207 | | - | (4) "Enterprise zone", an enterprise zone |
|---|
| 5208 | | - | created under section 135.210 that includes all |
|---|
| 5209 | | - | or part of a home rule city with more than |
|---|
| 5210 | | - | 149 |
|---|
| 5211 | | - | twenty-six thousand but less than twenty -seven |
|---|
| 5212 | | - | thousand inhabitants located in any county with |
|---|
| 5213 | | - | a charter form of government and wit h more than |
|---|
| 5214 | | - | one million inhabitants; |
|---|
| 5215 | | - | (5) "Facility", any building used as a |
|---|
| 5216 | | - | revenue-producing enterprise located within an |
|---|
| 5217 | | - | enterprise zone, including the land on which the |
|---|
| 5218 | | - | facility is located and all machinery, |
|---|
| 5219 | | - | equipment, and other real and dep reciable |
|---|
| 5220 | | - | tangible personal property acquired for use at |
|---|
| 5221 | | - | and located at or within such facility and used |
|---|
| 5222 | | - | in connection with the operation of such |
|---|
| 5223 | | - | facility; |
|---|
| 5224 | | - | (6) "NAICS", the industrial classification |
|---|
| 5225 | | - | as such classifications are defined in the 199 7 |
|---|
| 5226 | | - | edition of the North American Industrial |
|---|
| 5227 | | - | Classification System Manual as prepared by the |
|---|
| 5228 | | - | Executive Office of the President, Office of |
|---|
| 5229 | | - | Management and Budget; |
|---|
| 5230 | | - | (7) "Retained business facility", a |
|---|
| 5231 | | - | facility in an enterprise zone operated by the |
|---|
| 5232 | | - | taxpayer which satisfies the following |
|---|
| 5233 | | - | requirements as determined by the department and |
|---|
| 5234 | | - | included in an agreement with the department: |
|---|
| 5235 | | - | (a) The taxpayer agrees to a capital |
|---|
| 5236 | | - | investment project at the facility of at least |
|---|
| 5237 | | - | five hundred million dollars to take place over |
|---|
| 5238 | | - | a period of two consecutive taxable years ending |
|---|
| 5239 | | - | no later than the fifth taxable year after |
|---|
| 5240 | | - | continuation of commercial operations; |
|---|
| 5241 | | - | (b) The taxpayer has maintained at least |
|---|
| 5242 | | - | two thousand employees per year at the facility |
|---|
| 5243 | | - | for each of the five taxable years preceding the |
|---|
| 5244 | | - | year of continuation of commercial operations; |
|---|
| 5245 | | - | (c) The taxpayer agrees to maintain at |
|---|
| 5246 | | - | least the level of employment that it had at the |
|---|
| 5247 | | - | facility in the taxable year immediately |
|---|
| 5248 | | - | preceding the year of conti nuation of commercial |
|---|
| 5249 | | - | operations for ten consecutive taxable years |
|---|
| 5250 | | - | beginning with the year of the continuation of |
|---|
| 5251 | | - | commercial operations. Temporary layoffs |
|---|
| 5252 | | - | necessary to implement the capital investment |
|---|
| 5253 | | - | project will not be considered a violation of |
|---|
| 5254 | | - | this requirement; |
|---|
| 5255 | | - | (d) The taxpayer agrees that the amount of |
|---|
| 5256 | | - | the average wage paid by the taxpayer at the |
|---|
| 5257 | | - | 150 |
|---|
| 5258 | | - | facility will exceed the average wage paid |
|---|
| 5259 | | - | within the county in which the facility is |
|---|
| 5260 | | - | located for ten consecutive taxable years |
|---|
| 5261 | | - | beginning with the year of the continuation of |
|---|
| 5262 | | - | commercial operations; |
|---|
| 5263 | | - | (e) Significant local incentives with |
|---|
| 5264 | | - | respect to the project or retained facility have |
|---|
| 5265 | | - | been committed, which incentives may consist of: |
|---|
| 5266 | | - | a. Cash or in-kind incentives derived from |
|---|
| 5267 | | - | any nonstate source, including incentives |
|---|
| 5268 | | - | provided by the affected political subdivisions, |
|---|
| 5269 | | - | private industry and/or local chambers of |
|---|
| 5270 | | - | commerce or similar such organizations; or |
|---|
| 5271 | | - | b. Relief from local taxes; |
|---|
| 5272 | | - | (f) Receipt of the tax exemption, tax |
|---|
| 5273 | | - | credits, and refunds are major factors in the |
|---|
| 5274 | | - | taxpayer's decision to retain its operations at |
|---|
| 5275 | | - | the facility in Missouri and go forward with the |
|---|
| 5276 | | - | capital investment project and not receiving the |
|---|
| 5277 | | - | exemption, credits, and refunds will result in |
|---|
| 5278 | | - | the taxpayer moving its operations out of |
|---|
| 5279 | | - | Missouri; and |
|---|
| 5280 | | - | (g) There is at least one other state that |
|---|
| 5281 | | - | the taxpayer verifies is being considered as the |
|---|
| 5282 | | - | site to which the facility's operations will be |
|---|
| 5283 | | - | relocated; |
|---|
| 5284 | | - | (8) "Retained business facility employee", |
|---|
| 5285 | | - | a person employed by the taxpayer in the |
|---|
| 5286 | | - | operation of a retained business facility during |
|---|
| 5287 | | - | the taxable year for which the credit allowed by |
|---|
| 5288 | | - | section 135.279 is claimed, except that truck |
|---|
| 5289 | | - | drivers and rail and barge vehicle operators |
|---|
| 5290 | | - | shall not constitute re tained business facility |
|---|
| 5291 | | - | employees. A person shall be deemed to be so |
|---|
| 5292 | | - | employed if such person performs duties in |
|---|
| 5293 | | - | connection with the operation of the retained |
|---|
| 5294 | | - | business facility on a regular, full -time |
|---|
| 5295 | | - | basis. The number of retained business facility |
|---|
| 5296 | | - | employees during any taxable year shall be |
|---|
| 5297 | | - | determined by dividing by twelve the sum of the |
|---|
| 5298 | | - | number of individuals employed on the last |
|---|
| 5299 | | - | business day of each month of such taxable |
|---|
| 5300 | | - | year. If the retained business facility is in |
|---|
| 5301 | | - | operation for less than th e entire taxable year, |
|---|
| 5302 | | - | the number of retained business facility |
|---|
| 5303 | | - | employees shall be determined by dividing the |
|---|
| 5304 | | - | 151 |
|---|
| 5305 | | - | sum of the number of individuals employed on the |
|---|
| 5306 | | - | last business day of each full calendar month |
|---|
| 5307 | | - | during the portion of such taxable year during |
|---|
| 5308 | | - | which the retained business facility was in |
|---|
| 5309 | | - | operation by the number of full calendar months |
|---|
| 5310 | | - | during such period; |
|---|
| 5311 | | - | (9) "Retained business facility income", |
|---|
| 5312 | | - | the Missouri taxable income, as defined in |
|---|
| 5313 | | - | chapter 143, derived by the taxpayer from the |
|---|
| 5314 | | - | operation of the retained business facility. If |
|---|
| 5315 | | - | a taxpayer has income derived from the operation |
|---|
| 5316 | | - | of a retained business facility as well as from |
|---|
| 5317 | | - | other activities conducted within this state, |
|---|
| 5318 | | - | the Missouri taxable income derived by the |
|---|
| 5319 | | - | taxpayer from the operation of the retained |
|---|
| 5320 | | - | business facility shall be determined by |
|---|
| 5321 | | - | multiplying the taxpayer's Missouri taxable |
|---|
| 5322 | | - | income, computed in accordance with chapter 143, |
|---|
| 5323 | | - | by a fraction, the numerator of which is the |
|---|
| 5324 | | - | property factor, as defined in paragraph (a) of |
|---|
| 5325 | | - | this subdivision, plus the payroll factor, as |
|---|
| 5326 | | - | defined in paragraph (b) of this subdivision, |
|---|
| 5327 | | - | and the denominator of which is two: |
|---|
| 5328 | | - | (a) The "property factor" is a fraction, |
|---|
| 5329 | | - | the numerator of which is the retained business |
|---|
| 5330 | | - | facility investment cer tified for the tax |
|---|
| 5331 | | - | period, and the denominator of which is the |
|---|
| 5332 | | - | average value of all the taxpayer's real and |
|---|
| 5333 | | - | depreciable tangible personal property owned or |
|---|
| 5334 | | - | rented and used in this state during the tax |
|---|
| 5335 | | - | period. The average value of all such property |
|---|
| 5336 | | - | shall be determined as provided in chapter 32; |
|---|
| 5337 | | - | (b) The "payroll factor" is a fraction, |
|---|
| 5338 | | - | the numerator of which is the total amount paid |
|---|
| 5339 | | - | during the tax period by the taxpayer for |
|---|
| 5340 | | - | compensation to persons qualifying as retained |
|---|
| 5341 | | - | business facility emplo yees at the retained |
|---|
| 5342 | | - | business facility, and the denominator of which |
|---|
| 5343 | | - | is the total amount paid in this state during |
|---|
| 5344 | | - | the tax period by the taxpayer for |
|---|
| 5345 | | - | compensation. The compensation paid in this |
|---|
| 5346 | | - | state shall be determined as provided in chapter |
|---|
| 5347 | | - | 32; |
|---|
| 5348 | | - | (10) "Retained business facility |
|---|
| 5349 | | - | investment", the value of real and depreciable |
|---|
| 5350 | | - | tangible personal property, acquired by the |
|---|
| 5351 | | - | 152 |
|---|
| 5352 | | - | taxpayer as part of the retained business |
|---|
| 5353 | | - | facility after the date of continuation of |
|---|
| 5354 | | - | commercial operations, which is used b y the |
|---|
| 5355 | | - | taxpayer in the operation of the retained |
|---|
| 5356 | | - | business facility, during the taxable year for |
|---|
| 5357 | | - | which the credit allowed by section 135.279 is |
|---|
| 5358 | | - | claimed, except that trucks, truck -trailers, |
|---|
| 5359 | | - | truck semitrailers, rail vehicles, barge |
|---|
| 5360 | | - | vehicles, aircraft and other rolling stock for |
|---|
| 5361 | | - | hire, track, switches, barges, bridges, tunnels, |
|---|
| 5362 | | - | rail yards, and spurs shall not constitute |
|---|
| 5363 | | - | retained business facility investments. The |
|---|
| 5364 | | - | total value of such property during such taxable |
|---|
| 5365 | | - | year shall be: |
|---|
| 5366 | | - | (a) Its original cost if owned by the |
|---|
| 5367 | | - | taxpayer; or |
|---|
| 5368 | | - | (b) Eight times the net annual rental |
|---|
| 5369 | | - | rate, if leased by the taxpayer. The net annual |
|---|
| 5370 | | - | rental rate shall be the annual rental rate paid |
|---|
| 5371 | | - | by the taxpayer less any annual rental rate |
|---|
| 5372 | | - | received by the taxpayer from subr entals. The |
|---|
| 5373 | | - | retained business facility investment shall be |
|---|
| 5374 | | - | determined by dividing by twelve the sum of the |
|---|
| 5375 | | - | total value of such property on the last |
|---|
| 5376 | | - | business day of each calendar month of the |
|---|
| 5377 | | - | taxable year. If the retained business facility |
|---|
| 5378 | | - | is in operation for less than an entire taxable |
|---|
| 5379 | | - | year, the retained business facility investment |
|---|
| 5380 | | - | shall be determined by dividing the sum of the |
|---|
| 5381 | | - | total value of such property on the last |
|---|
| 5382 | | - | business day of each full calendar month during |
|---|
| 5383 | | - | the portion of such taxable year during which |
|---|
| 5384 | | - | the retained business facility was in operation |
|---|
| 5385 | | - | by the number of full calendar months during |
|---|
| 5386 | | - | such period; |
|---|
| 5387 | | - | (11) "Revenue-producing enterprise", |
|---|
| 5388 | | - | manufacturing activities classified as NAICS |
|---|
| 5389 | | - | 336211.] |
|---|
| 5390 | | - | [135.277. The provisions of chapter 143 |
|---|
| 5391 | | - | notwithstanding, one -half of the Missouri |
|---|
| 5392 | | - | taxable income attributed to an approved |
|---|
| 5393 | | - | retained business facility that is earned by a |
|---|
| 5394 | | - | taxpayer operating the approved retained |
|---|
| 5395 | | - | business facility may be exempt from taxation |
|---|
| 5396 | | - | under chapter 143. That portion of income |
|---|
| 5397 | | - | 153 |
|---|
| 5398 | | - | attributed to the retained business facility |
|---|
| 5399 | | - | shall be determined in a manner prescribed in |
|---|
| 5400 | | - | paragraph (b) of subdivision (9) of section |
|---|
| 5401 | | - | 135.276, except that compensation paid to truck |
|---|
| 5402 | | - | drivers, rail, or barge vehicle operators shall |
|---|
| 5403 | | - | be excluded from the fraction. ] |
|---|
| 5404 | | - | [135.279. 1. Any taxpayer that operates |
|---|
| 5405 | | - | an approved retained business facility in an |
|---|
| 5406 | | - | enterprise zone may be allowed a credit, each |
|---|
| 5407 | | - | year for ten years, in an amount determined |
|---|
| 5408 | | - | pursuant to subsection 2 or 3 of this section, |
|---|
| 5409 | | - | whichever is applicable, against the tax imposed |
|---|
| 5410 | | - | by chapter 143, excluding withholding tax |
|---|
| 5411 | | - | imposed by sections 143.191 to 143.265, as |
|---|
| 5412 | | - | follows: |
|---|
| 5413 | | - | (1) The credit allowed for each retained |
|---|
| 5414 | | - | business facility emplo yee shall be four hundred |
|---|
| 5415 | | - | dollars, except that for each retained business |
|---|
| 5416 | | - | facility employee that exceeds the level of |
|---|
| 5417 | | - | employment set forth in paragraph (b) of |
|---|
| 5418 | | - | subdivision (7) of section 135.276, the credit |
|---|
| 5419 | | - | shall be five hundred dollars. Transfers from |
|---|
| 5420 | | - | another facility operated by the taxpayer in the |
|---|
| 5421 | | - | state will not count as retained business |
|---|
| 5422 | | - | facility employees; |
|---|
| 5423 | | - | (2) An additional credit of four hundred |
|---|
| 5424 | | - | dollars shall be granted for each twelve -month |
|---|
| 5425 | | - | period that a retained business facility |
|---|
| 5426 | | - | employee is a resident of an enterprise zone; |
|---|
| 5427 | | - | (3) An additional credit of four hundred |
|---|
| 5428 | | - | dollars shall be granted for each twelve -month |
|---|
| 5429 | | - | period that the person employed as a retained |
|---|
| 5430 | | - | business facility employee is a person who, at |
|---|
| 5431 | | - | the time of such empl oyment by the new business |
|---|
| 5432 | | - | facility, met the criteria as set forth in |
|---|
| 5433 | | - | section 135.240; |
|---|
| 5434 | | - | (4) To the extent that expenses incurred |
|---|
| 5435 | | - | by a retained business facility in an enterprise |
|---|
| 5436 | | - | zone for the training of persons employed in the |
|---|
| 5437 | | - | operation of the retained business facility is |
|---|
| 5438 | | - | not covered by an existing federal, state, or |
|---|
| 5439 | | - | local program, such retained business facility |
|---|
| 5440 | | - | shall be eligible for a full tax credit equal to |
|---|
| 5441 | | - | eighty percent of that portion of such training |
|---|
| 5442 | | - | expenses which are in excess of f our hundred |
|---|
| 5443 | | - | 154 |
|---|
| 5444 | | - | dollars for each trainee who is a resident of an |
|---|
| 5445 | | - | enterprise zone or who was at the time of such |
|---|
| 5446 | | - | employment at the retained business facility |
|---|
| 5447 | | - | unemployable or difficult to employ as defined |
|---|
| 5448 | | - | in section 135.240, provided such credit shall |
|---|
| 5449 | | - | not exceed four hundred dollars for each |
|---|
| 5450 | | - | employee trained; |
|---|
| 5451 | | - | (5) The credit allowed for retained |
|---|
| 5452 | | - | business facility investment shall be equal to |
|---|
| 5453 | | - | the sum of ten percent of the first ten thousand |
|---|
| 5454 | | - | dollars of such qualifying investment, plus five |
|---|
| 5455 | | - | percent of the next ninety thousand dollars of |
|---|
| 5456 | | - | such qualifying investment, plus two percent of |
|---|
| 5457 | | - | all remaining qualifying investments within an |
|---|
| 5458 | | - | enterprise zone. The taxpayer's retained |
|---|
| 5459 | | - | business facility investment shall be reduced by |
|---|
| 5460 | | - | the amount of investment m ade by the taxpayer or |
|---|
| 5461 | | - | related taxpayer which was subsequently |
|---|
| 5462 | | - | transferred to the retained business facility |
|---|
| 5463 | | - | from another Missouri facility and for which |
|---|
| 5464 | | - | credits authorized in this section are not being |
|---|
| 5465 | | - | earned. |
|---|
| 5466 | | - | 2. The credits allowed by subsecti on 1 of |
|---|
| 5467 | | - | this section shall offset the greater of: |
|---|
| 5468 | | - | (1) Some portion of the income tax |
|---|
| 5469 | | - | otherwise imposed by chapter 143, excluding |
|---|
| 5470 | | - | withholding tax imposed by sections 143.191 to |
|---|
| 5471 | | - | 143.265, with respect to such taxpayer's |
|---|
| 5472 | | - | retained business facility i ncome for the |
|---|
| 5473 | | - | taxable year for which such credit is allowed; or |
|---|
| 5474 | | - | (2) If the taxpayer operates no other |
|---|
| 5475 | | - | facility in Missouri, the credits allowed in |
|---|
| 5476 | | - | subsection 1 of this section shall offset up to |
|---|
| 5477 | | - | fifty percent or, in the case of an economic |
|---|
| 5478 | | - | development project located within a distressed |
|---|
| 5479 | | - | community as defined in section 135.530, seventy - |
|---|
| 5480 | | - | five percent of the business income tax |
|---|
| 5481 | | - | otherwise imposed by chapter 143, excluding |
|---|
| 5482 | | - | withholding tax imposed by sections 143.191 to |
|---|
| 5483 | | - | 143.265, if the business ope rates no other |
|---|
| 5484 | | - | facilities in Missouri; |
|---|
| 5485 | | - | (3) If the taxpayer operates more than one |
|---|
| 5486 | | - | facility in Missouri, the credits allowed in |
|---|
| 5487 | | - | subsection 1 of this section shall offset up to |
|---|
| 5488 | | - | the greater of the portion prescribed in |
|---|
| 5489 | | - | subdivision (1) of this subse ction or twenty- |
|---|
| 5490 | | - | 155 |
|---|
| 5491 | | - | five percent or, in the case of an economic |
|---|
| 5492 | | - | development project located within a distressed |
|---|
| 5493 | | - | community as defined in section 135.530, thirty - |
|---|
| 5494 | | - | five percent of the business' tax, except that |
|---|
| 5495 | | - | no taxpayer operating more than one facility in |
|---|
| 5496 | | - | Missouri shall be allowed to offset more than |
|---|
| 5497 | | - | twenty-five percent or, in the case of an |
|---|
| 5498 | | - | economic development project located within a |
|---|
| 5499 | | - | distressed community as defined in section |
|---|
| 5500 | | - | 135.530, thirty-five percent of the taxpayer's |
|---|
| 5501 | | - | business income tax in any tax period under the |
|---|
| 5502 | | - | method prescribed in this subdivision. |
|---|
| 5503 | | - | 3. In the case where a person employed by |
|---|
| 5504 | | - | the retained business facility is a resident of |
|---|
| 5505 | | - | the enterprise zone for less than a twelve -month |
|---|
| 5506 | | - | period, or in the case where a person employed |
|---|
| 5507 | | - | as a retained business facility employee is a |
|---|
| 5508 | | - | person who, at the time of such employment by |
|---|
| 5509 | | - | the retained business facility, met the criteria |
|---|
| 5510 | | - | as set forth in section 135.240, is employed for |
|---|
| 5511 | | - | less than a twelve-month period, the credits |
|---|
| 5512 | | - | allowed by subdivisions (2) and (3) of |
|---|
| 5513 | | - | subsection 1 of this section shall be determined |
|---|
| 5514 | | - | by multiplying the dollar amount of the credit |
|---|
| 5515 | | - | by a fraction, the numerator of which is the |
|---|
| 5516 | | - | number of calendar days during the taxpayer's |
|---|
| 5517 | | - | tax year for which such credits are cla imed, in |
|---|
| 5518 | | - | which the person met the requirements prescribed |
|---|
| 5519 | | - | in subdivision (2) or (3) of this subsection, |
|---|
| 5520 | | - | and the denominator of which is three hundred |
|---|
| 5521 | | - | sixty-five. |
|---|
| 5522 | | - | 4. Notwithstanding any provision of law to |
|---|
| 5523 | | - | the contrary, any taxpayer who claims th e |
|---|
| 5524 | | - | exemption and credits allowed in sections |
|---|
| 5525 | | - | 135.276 to 135.283 shall not be eligible to |
|---|
| 5526 | | - | receive the exemption allowed in section |
|---|
| 5527 | | - | 135.220, the credits allowed in sections 135.225 |
|---|
| 5528 | | - | and 135.235, and the refund authorized by |
|---|
| 5529 | | - | section 135.245 or the tax cre dits allowed in |
|---|
| 5530 | | - | section 135.110. The taxpayer must elect among |
|---|
| 5531 | | - | the options. To perfect the election, the |
|---|
| 5532 | | - | taxpayer shall attach written notification of |
|---|
| 5533 | | - | such election to the taxpayer's initial |
|---|
| 5534 | | - | application for claiming tax credits. The |
|---|
| 5535 | | - | election shall be irreversible once perfected. |
|---|
| 5536 | | - | 156 |
|---|
| 5537 | | - | 5. A taxpayer shall not receive the income |
|---|
| 5538 | | - | exemption described in section 135.276 and the |
|---|
| 5539 | | - | tax credits described in subsection 1 of this |
|---|
| 5540 | | - | section for any year in which the terms and |
|---|
| 5541 | | - | conditions of sections 135.276 to 135.283 are |
|---|
| 5542 | | - | not met. Such incentives shall not exceed the |
|---|
| 5543 | | - | fifteen-year limitation pursuant to subsection 1 |
|---|
| 5544 | | - | of section 135.230 or the seven -year limitation |
|---|
| 5545 | | - | pursuant to subsection 5 of section 135.230. |
|---|
| 5546 | | - | 6. The initial application for claiming |
|---|
| 5547 | | - | tax credits must be made in the taxpayer's tax |
|---|
| 5548 | | - | period immediately following the tax period in |
|---|
| 5549 | | - | which commencement of commercial operations |
|---|
| 5550 | | - | began at the new business facility. |
|---|
| 5551 | | - | 7. Credits may not be carried forward but |
|---|
| 5552 | | - | shall be claimed for the taxable year during |
|---|
| 5553 | | - | which continuation of commercial operations |
|---|
| 5554 | | - | occurs at such retained business facility, and |
|---|
| 5555 | | - | for each of the nine succeeding taxable years. ] |
|---|
| 5556 | | - | [135.281. 1. Any taxpayer operating an |
|---|
| 5557 | | - | approved retained business facility that is |
|---|
| 5558 | | - | located within a state enterprise zone |
|---|
| 5559 | | - | established pursuant to sections 135.200 to |
|---|
| 5560 | | - | 135.256 may make an application to the |
|---|
| 5561 | | - | department of economic development for an income |
|---|
| 5562 | | - | tax refund. |
|---|
| 5563 | | - | 2. Such refunds shall be approved only if |
|---|
| 5564 | | - | the amount of tax credits certified for the |
|---|
| 5565 | | - | taxpayer in the taxable year exceeded the |
|---|
| 5566 | | - | company's total Missouri tax on taxable income |
|---|
| 5567 | | - | in that year by an amount equal to at least one |
|---|
| 5568 | | - | million dollars. In such cases, a portion of |
|---|
| 5569 | | - | tax credits earned shall constitute an |
|---|
| 5570 | | - | overpayment of taxes and may be refunded to the |
|---|
| 5571 | | - | taxpayer in the manner authorized by this |
|---|
| 5572 | | - | section. |
|---|
| 5573 | | - | 3. The department shall evaluate and may |
|---|
| 5574 | | - | approve such applications based upon the |
|---|
| 5575 | | - | importance of the approved retained business |
|---|
| 5576 | | - | facility to the econom y of Missouri, the |
|---|
| 5577 | | - | company's investment of at least five hundred |
|---|
| 5578 | | - | million dollars in facilities or equipment, and |
|---|
| 5579 | | - | the number of jobs to be created or retained. |
|---|
| 5580 | | - | Such applications may be approved annually for |
|---|
| 5581 | | - | no longer than five successive years. The |
|---|
| 5582 | | - | 157 |
|---|
| 5583 | | - | maximum amount of refund that may be awarded to |
|---|
| 5584 | | - | the manufacturer or assembler shall not exceed |
|---|
| 5585 | | - | two million dollars per year. Notwithstanding |
|---|
| 5586 | | - | other provisions of law to the contrary, if the |
|---|
| 5587 | | - | taxpayer's tax credits issued under sections |
|---|
| 5588 | | - | 135.276 to 135.283 for a taxable year exceed the |
|---|
| 5589 | | - | taxpayer's taxable income by more than two |
|---|
| 5590 | | - | million dollars, the credits may be carried |
|---|
| 5591 | | - | forward for five years or until used, whichever |
|---|
| 5592 | | - | is earlier, and may be included in refund |
|---|
| 5593 | | - | amounts otherwise authorized by this sect ion.] |
|---|
| 5594 | | - | [135.283. 1. A taxpayer shall apply to |
|---|
| 5595 | | - | the department for approval to participate in |
|---|
| 5596 | | - | the program authorized by sections 135.276 to |
|---|
| 5597 | | - | 135.283. The application shall be in a form |
|---|
| 5598 | | - | prescribed by and contain all information |
|---|
| 5599 | | - | requested by the department to determine |
|---|
| 5600 | | - | eligibility for the program and for the |
|---|
| 5601 | | - | department to make its decision whether to |
|---|
| 5602 | | - | approve the taxpayer for participation in the |
|---|
| 5603 | | - | program. |
|---|
| 5604 | | - | 2. The department may issue an approval |
|---|
| 5605 | | - | contingent upon the successful exec ution of an |
|---|
| 5606 | | - | agreement between the department and the |
|---|
| 5607 | | - | taxpayer seeking approval of a facility as a |
|---|
| 5608 | | - | retained business facility which shall include, |
|---|
| 5609 | | - | but not be limited to, the following: |
|---|
| 5610 | | - | (1) A detailed description of the project |
|---|
| 5611 | | - | that is the subject of the agreement; |
|---|
| 5612 | | - | (2) A requirement that the taxpayer shall |
|---|
| 5613 | | - | annually report to the department the total |
|---|
| 5614 | | - | amount of salaries and wages paid to eligible |
|---|
| 5615 | | - | employees in retained business facility jobs, |
|---|
| 5616 | | - | and any other information the department |
|---|
| 5617 | | - | requires to confirm compliance with the |
|---|
| 5618 | | - | requirements of sections 135.276 to 135.283; |
|---|
| 5619 | | - | (3) A requirement that the taxpayer shall |
|---|
| 5620 | | - | provide written notification to the director not |
|---|
| 5621 | | - | more than thirty days after the taxpayer makes |
|---|
| 5622 | | - | or receives a proposal that wo uld transfer the |
|---|
| 5623 | | - | taxpayer's state tax liability obligations to a |
|---|
| 5624 | | - | successor taxpayer; |
|---|
| 5625 | | - | (4) A requirement that the taxpayer shall |
|---|
| 5626 | | - | maintain operations at the facility location for |
|---|
| 5627 | | - | at least ten years at a certain employment level; |
|---|
| 5628 | | - | 158 |
|---|
| 5629 | | - | (5) The requirements otherwise required by |
|---|
| 5630 | | - | sections 135.276 to 135.283; and |
|---|
| 5631 | | - | (6) A provision for repayment of |
|---|
| 5632 | | - | incentives upon breach of the agreement. ] |
|---|
| 5633 | | - | [135.313. 1. Any person, firm or |
|---|
| 5634 | | - | corporation who engages in the business of |
|---|
| 5635 | | - | producing charcoal or charcoal products in the |
|---|
| 5636 | | - | state of Missouri shall be eligible for a tax |
|---|
| 5637 | | - | credit on income taxes otherwise due pursuant to |
|---|
| 5638 | | - | chapter 143, except sections 143.191 to 143.261, |
|---|
| 5639 | | - | as an incentive to implement safe and efficient |
|---|
| 5640 | | - | environmental controls. The tax credit shall be |
|---|
| 5641 | | - | equal to fifty percent of the purchase price of |
|---|
| 5642 | | - | the best available control technology equipment |
|---|
| 5643 | | - | connected with the production of charcoal in the |
|---|
| 5644 | | - | state of Missouri or, if the taxpayer |
|---|
| 5645 | | - | manufactures such equipment, fifty percent of |
|---|
| 5646 | | - | the manufacturing cost of the equipment, to and |
|---|
| 5647 | | - | including the year the equipment is put into |
|---|
| 5648 | | - | service. The credit may be claimed for a period |
|---|
| 5649 | | - | of eight years beginning with the 1998 calendar |
|---|
| 5650 | | - | year and is to be a tax credit against the tax |
|---|
| 5651 | | - | otherwise due. |
|---|
| 5652 | | - | 2. Any amount of credit which exceeds the |
|---|
| 5653 | | - | tax due shall not be refunded but may be carried |
|---|
| 5654 | | - | over to any subsequent taxable year, not to |
|---|
| 5655 | | - | exceed seven years. |
|---|
| 5656 | | - | 3. The charcoal producer may elect to |
|---|
| 5657 | | - | assign to a third party the approved tax |
|---|
| 5658 | | - | credit. Certification of assignment and other |
|---|
| 5659 | | - | appropriate forms must be filed with the |
|---|
| 5660 | | - | Missouri department of revenue and the |
|---|
| 5661 | | - | department of economic development. |
|---|
| 5662 | | - | 4. When applying for a tax credit, the |
|---|
| 5663 | | - | charcoal producer specified in subsection 1 of |
|---|
| 5664 | | - | this section shall make application for the |
|---|
| 5665 | | - | credit to the division of environmental quality |
|---|
| 5666 | | - | of the department of natural resources. The |
|---|
| 5667 | | - | application shall identify the specific best |
|---|
| 5668 | | - | available control technology equipment and the |
|---|
| 5669 | | - | purchase price, or ma nufacturing cost of such |
|---|
| 5670 | | - | equipment. The director of the department of |
|---|
| 5671 | | - | natural resources is authorized to require |
|---|
| 5672 | | - | permits to construct prior to the installation |
|---|
| 5673 | | - | of best available control technology equipment |
|---|
| 5674 | | - | 159 |
|---|
| 5675 | | - | and other information which he or she deems |
|---|
| 5676 | | - | appropriate. |
|---|
| 5677 | | - | 5. The director of the department of |
|---|
| 5678 | | - | natural resources in conjunction with the |
|---|
| 5679 | | - | department of economic development shall certify |
|---|
| 5680 | | - | to the department of revenue that the best |
|---|
| 5681 | | - | available control technology equipment meets the |
|---|
| 5682 | | - | requirements to obtain a tax credit as specified |
|---|
| 5683 | | - | in this section.] |
|---|
| 5684 | | - | [135.545. A taxpayer shall be allowed a |
|---|
| 5685 | | - | credit for taxes paid pursuant to chapter 143, |
|---|
| 5686 | | - | 147 or 148 in an amount equal to fifty percent |
|---|
| 5687 | | - | of a qualified investment in transportation |
|---|
| 5688 | | - | development for aviation, mass transportation, |
|---|
| 5689 | | - | including parking facilities for users of mass |
|---|
| 5690 | | - | transportation, railroads, ports, including |
|---|
| 5691 | | - | parking facilities and limited access roads |
|---|
| 5692 | | - | within ports, waterborne transportation, bicycle |
|---|
| 5693 | | - | and pedestrian paths, or rolling stock located |
|---|
| 5694 | | - | in a distressed community as defined in section |
|---|
| 5695 | | - | 135.530, and which are part of a development |
|---|
| 5696 | | - | plan approved by the appropriate local agency. |
|---|
| 5697 | | - | If the department of economic development |
|---|
| 5698 | | - | determines the investment has been so ap proved, |
|---|
| 5699 | | - | the department shall grant the tax credit in |
|---|
| 5700 | | - | order of date received. A taxpayer may carry |
|---|
| 5701 | | - | forward any unused tax credit for up to ten |
|---|
| 5702 | | - | years and may carry it back for the previous |
|---|
| 5703 | | - | three years until such credit has been fully |
|---|
| 5704 | | - | claimed. Certificates of tax credit issued in |
|---|
| 5705 | | - | accordance with this section may be transferred, |
|---|
| 5706 | | - | sold or assigned by notarized endorsement which |
|---|
| 5707 | | - | names the transferee. The tax credits allowed |
|---|
| 5708 | | - | pursuant to this section shall be for an amount |
|---|
| 5709 | | - | of no more than ten million d ollars for each |
|---|
| 5710 | | - | year. This credit shall apply to returns filed |
|---|
| 5711 | | - | for all taxable years beginning on or after |
|---|
| 5712 | | - | January 1, 1999. Any unused portion of the tax |
|---|
| 5713 | | - | credit authorized pursuant to this section shall |
|---|
| 5714 | | - | be available for use in the future by those |
|---|
| 5715 | | - | entities until fully claimed. For purposes of |
|---|
| 5716 | | - | this section, a "taxpayer" shall include any |
|---|
| 5717 | | - | charitable organization that is exempt from |
|---|
| 5718 | | - | federal income tax and whose Missouri unrelated |
|---|
| 5719 | | - | business taxable income, if any, would be |
|---|
| 5720 | | - | 160 |
|---|
| 5721 | | - | subject to the state incom e tax imposed under |
|---|
| 5722 | | - | chapter 143.] |
|---|
| 5723 | | - | [135.546. For all tax years beginning on |
|---|
| 5724 | | - | or after January 1, 2005, no tax credits shall |
|---|
| 5725 | | - | be approved, awarded, or issued to any person or |
|---|
| 5726 | | - | entity claiming any tax credit under section |
|---|
| 5727 | | - | 135.545; if an organization has been allocated |
|---|
| 5728 | | - | credits for contribution -based credits prior to |
|---|
| 5729 | | - | January 1, 2005, the organization may issue such |
|---|
| 5730 | | - | credits prior to January 1, 2007, for qualified |
|---|
| 5731 | | - | contributions.] |
|---|
| 5732 | | - | [135.680. 1. As used in this section, the |
|---|
| 5733 | | - | following terms shall mean: |
|---|
| 5734 | | - | (1) "Adjusted purchase price", the product |
|---|
| 5735 | | - | of: |
|---|
| 5736 | | - | (a) The amount paid to the issuer of a |
|---|
| 5737 | | - | qualified equity investment for such qualified |
|---|
| 5738 | | - | equity investment; and |
|---|
| 5739 | | - | (b) The following fraction: |
|---|
| 5740 | | - | a. The numerator shall be the dollar |
|---|
| 5741 | | - | amount of qualified low -income community |
|---|
| 5742 | | - | investments held by the issuer in this state as |
|---|
| 5743 | | - | of the credit allowance date during the |
|---|
| 5744 | | - | applicable tax year; and |
|---|
| 5745 | | - | b. The denominator shall be the total |
|---|
| 5746 | | - | dollar amount of qualified low -income community |
|---|
| 5747 | | - | investments held by the issuer in all states as |
|---|
| 5748 | | - | of the credit allowance date during the |
|---|
| 5749 | | - | applicable tax year; |
|---|
| 5750 | | - | c. For purposes of calculating the amount |
|---|
| 5751 | | - | of qualified low-income community investments |
|---|
| 5752 | | - | held by an issuer, an investment s hall be |
|---|
| 5753 | | - | considered held by an issuer even if the |
|---|
| 5754 | | - | investment has been sold or repaid; provided |
|---|
| 5755 | | - | that the issuer reinvests an amount equal to the |
|---|
| 5756 | | - | capital returned to or recovered by the issuer |
|---|
| 5757 | | - | from the original investment, exclusive of any |
|---|
| 5758 | | - | profits realized, in another qualified low - |
|---|
| 5759 | | - | income community investment within twelve months |
|---|
| 5760 | | - | of the receipt of such capital. An issuer shall |
|---|
| 5761 | | - | not be required to reinvest capital returned |
|---|
| 5762 | | - | from qualified low-income community investments |
|---|
| 5763 | | - | after the sixth anniversary of the issuance of |
|---|
| 5764 | | - | the qualified equity investment, the proceeds of |
|---|
| 5765 | | - | which were used to make the qualified low -income |
|---|
| 5766 | | - | 161 |
|---|
| 5767 | | - | community investment, and the qualified low - |
|---|
| 5768 | | - | income community investment shall be considered |
|---|
| 5769 | | - | held by the issuer through the seventh |
|---|
| 5770 | | - | anniversary of the qualified equity investment's |
|---|
| 5771 | | - | issuance; |
|---|
| 5772 | | - | (2) "Applicable percentage", zero percent |
|---|
| 5773 | | - | for each of the first two credit allowance |
|---|
| 5774 | | - | dates, seven percent for the third credit |
|---|
| 5775 | | - | allowance date, and eight percent for the next |
|---|
| 5776 | | - | four credit allowance dates; |
|---|
| 5777 | | - | (3) "Credit allowance date", with respect |
|---|
| 5778 | | - | to any qualified equity investment: |
|---|
| 5779 | | - | (a) The date on which such investment is |
|---|
| 5780 | | - | initially made; and |
|---|
| 5781 | | - | (b) Each of the six anniversary dates of |
|---|
| 5782 | | - | such date thereafter; |
|---|
| 5783 | | - | (4) "Long-term debt security", any debt |
|---|
| 5784 | | - | instrument issued by a qualified community |
|---|
| 5785 | | - | development entity, at par value or a premium, |
|---|
| 5786 | | - | with an original maturity date of at least seven |
|---|
| 5787 | | - | years from the date of its issuance, with no |
|---|
| 5788 | | - | acceleration of repayment, amortization, or |
|---|
| 5789 | | - | prepayment features prior to its original |
|---|
| 5790 | | - | maturity date, and with no distribution, |
|---|
| 5791 | | - | payment, or interest features related to the |
|---|
| 5792 | | - | profitability of the qualified community |
|---|
| 5793 | | - | development entity or the performance of the |
|---|
| 5794 | | - | qualified community development e ntity's |
|---|
| 5795 | | - | investment portfolio. The foregoing shall in no |
|---|
| 5796 | | - | way limit the holder's ability to accelerate |
|---|
| 5797 | | - | payments on the debt instrument in situations |
|---|
| 5798 | | - | where the issuer has defaulted on covenants |
|---|
| 5799 | | - | designed to ensure compliance with this section |
|---|
| 5800 | | - | or Section 45D of the Internal Revenue Code of |
|---|
| 5801 | | - | 1986, as amended; |
|---|
| 5802 | | - | (5) "Qualified active low -income community |
|---|
| 5803 | | - | business", the meaning given such term in |
|---|
| 5804 | | - | Section 45D of the Internal Revenue Code of |
|---|
| 5805 | | - | 1986, as amended; provided that any business |
|---|
| 5806 | | - | that derives or projects to derive fifteen |
|---|
| 5807 | | - | percent or more of its annual revenue from the |
|---|
| 5808 | | - | rental or sale of real estate shall not be |
|---|
| 5809 | | - | considered to be a qualified active low -income |
|---|
| 5810 | | - | community business; |
|---|
| 5811 | | - | (6) "Qualified community development |
|---|
| 5812 | | - | entity", the meaning giv en such term in Section |
|---|
| 5813 | | - | 162 |
|---|
| 5814 | | - | 45D of the Internal Revenue Code of 1986, as |
|---|
| 5815 | | - | amended; provided that such entity has entered |
|---|
| 5816 | | - | into an allocation agreement with the Community |
|---|
| 5817 | | - | Development Financial Institutions Fund of the |
|---|
| 5818 | | - | U.S. Treasury Department with respect to credits |
|---|
| 5819 | | - | authorized by Section 45D of the Internal |
|---|
| 5820 | | - | Revenue Code of 1986, as amended, which includes |
|---|
| 5821 | | - | the state of Missouri within the service area |
|---|
| 5822 | | - | set forth in such allocation agreement; |
|---|
| 5823 | | - | (7) "Qualified equity investment", any |
|---|
| 5824 | | - | equity investment in , or long-term debt security |
|---|
| 5825 | | - | issued by, a qualified community development |
|---|
| 5826 | | - | entity that: |
|---|
| 5827 | | - | (a) Is acquired after September 4, 2007, |
|---|
| 5828 | | - | at its original issuance solely in exchange for |
|---|
| 5829 | | - | cash; |
|---|
| 5830 | | - | (b) Has at least eighty-five percent of |
|---|
| 5831 | | - | its cash purchase price used by the issuer to |
|---|
| 5832 | | - | make qualified low-income community investments; |
|---|
| 5833 | | - | and |
|---|
| 5834 | | - | (c) Is designated by the issuer as a |
|---|
| 5835 | | - | qualified equity investment under this |
|---|
| 5836 | | - | subdivision and is certified by the department |
|---|
| 5837 | | - | of economic development as not exceeding the |
|---|
| 5838 | | - | limitation contained in subsection 2 of this |
|---|
| 5839 | | - | section. This term shall include any qualified |
|---|
| 5840 | | - | equity investment that does not meet the |
|---|
| 5841 | | - | provisions of paragraph (a) of this subdivision |
|---|
| 5842 | | - | if such investment was a qualified equity |
|---|
| 5843 | | - | investment in the han ds of a prior holder; |
|---|
| 5844 | | - | (8) "Qualified low-income community |
|---|
| 5845 | | - | investment", any capital or equity investment |
|---|
| 5846 | | - | in, or loan to, any qualified active low -income |
|---|
| 5847 | | - | community business. With respect to any one |
|---|
| 5848 | | - | qualified active low -income community business, |
|---|
| 5849 | | - | the maximum amount of qualified low -income |
|---|
| 5850 | | - | community investments made in such business, on |
|---|
| 5851 | | - | a collective basis with all of its affiliates, |
|---|
| 5852 | | - | that may be used from the calculation of any |
|---|
| 5853 | | - | numerator described in subparagraph a. of |
|---|
| 5854 | | - | paragraph (b) of subdivisi on (1) of this |
|---|
| 5855 | | - | subsection shall be ten million dollars whether |
|---|
| 5856 | | - | issued to one or several qualified community |
|---|
| 5857 | | - | development entities; |
|---|
| 5858 | | - | (9) "Tax credit", a credit against the tax |
|---|
| 5859 | | - | otherwise due under chapter 143, excluding |
|---|
| 5860 | | - | 163 |
|---|
| 5861 | | - | withholding tax imposed in se ctions 143.191 to |
|---|
| 5862 | | - | 143.265, or otherwise due under section 375.916 |
|---|
| 5863 | | - | or chapter 147, 148, or 153; |
|---|
| 5864 | | - | (10) "Taxpayer", any individual or entity |
|---|
| 5865 | | - | subject to the tax imposed in chapter 143, |
|---|
| 5866 | | - | excluding withholding tax imposed in sections |
|---|
| 5867 | | - | 143.191 to 143.265, or the tax imposed in |
|---|
| 5868 | | - | section 375.916 or chapter 147, 148, or 153. |
|---|
| 5869 | | - | 2. A taxpayer that makes a qualified |
|---|
| 5870 | | - | equity investment earns a vested right to tax |
|---|
| 5871 | | - | credits under this section. On each credit |
|---|
| 5872 | | - | allowance date of such qualified equity |
|---|
| 5873 | | - | investment the taxpayer, or subsequent holder of |
|---|
| 5874 | | - | the qualified equity investment, shall be |
|---|
| 5875 | | - | entitled to a tax credit during the taxable year |
|---|
| 5876 | | - | including such credit allowance date. The tax |
|---|
| 5877 | | - | credit amount shall be equal to the applicable |
|---|
| 5878 | | - | percentage of the adjusted purchase price paid |
|---|
| 5879 | | - | to the issuer of such qualified equity |
|---|
| 5880 | | - | investment. The amount of the tax credit |
|---|
| 5881 | | - | claimed shall not exceed the amount of the |
|---|
| 5882 | | - | taxpayer's state tax liability for the tax year |
|---|
| 5883 | | - | for which the tax credit is claimed. No tax |
|---|
| 5884 | | - | credit claimed under this section shall be |
|---|
| 5885 | | - | refundable or transferable. Tax credits earned |
|---|
| 5886 | | - | by a partnership, limited liability company, S - |
|---|
| 5887 | | - | corporation, or other pass -through entity may be |
|---|
| 5888 | | - | allocated to the partners, members, or |
|---|
| 5889 | | - | shareholders of such entity for their direct use |
|---|
| 5890 | | - | in accordance with the provisions of any |
|---|
| 5891 | | - | agreement among such partners, members, or |
|---|
| 5892 | | - | shareholders. Any amount of tax credit that the |
|---|
| 5893 | | - | taxpayer is prohibited by this section from |
|---|
| 5894 | | - | claiming in a taxable year may be carried |
|---|
| 5895 | | - | forward to any of th e taxpayer's five subsequent |
|---|
| 5896 | | - | taxable years. The department of economic |
|---|
| 5897 | | - | development shall limit the monetary amount of |
|---|
| 5898 | | - | qualified equity investments permitted under |
|---|
| 5899 | | - | this section to a level necessary to limit tax |
|---|
| 5900 | | - | credit utilization at no more than twent y-five |
|---|
| 5901 | | - | million dollars of tax credits in any fiscal |
|---|
| 5902 | | - | year. Such limitation on qualified equity |
|---|
| 5903 | | - | investments shall be based on the anticipated |
|---|
| 5904 | | - | utilization of credits without regard to the |
|---|
| 5905 | | - | potential for taxpayers to carry forward tax |
|---|
| 5906 | | - | credits to later tax years. |
|---|
| 5907 | | - | 164 |
|---|
| 5908 | | - | 3. The issuer of the qualified equity |
|---|
| 5909 | | - | investment shall certify to the department of |
|---|
| 5910 | | - | economic development the anticipated dollar |
|---|
| 5911 | | - | amount of such investments to be made in this |
|---|
| 5912 | | - | state during the first twelve -month period |
|---|
| 5913 | | - | following the initial credit allowance date. If |
|---|
| 5914 | | - | on the second credit allowance date, the actual |
|---|
| 5915 | | - | dollar amount of such investments is different |
|---|
| 5916 | | - | than the amount estimated, the department of |
|---|
| 5917 | | - | economic development shall adjust the credits |
|---|
| 5918 | | - | arising on the second allowance dat e to account |
|---|
| 5919 | | - | for such difference. |
|---|
| 5920 | | - | 4. The department of economic development |
|---|
| 5921 | | - | shall recapture the tax credit allowed under |
|---|
| 5922 | | - | this section with respect to such qualified |
|---|
| 5923 | | - | equity investment under this section if: |
|---|
| 5924 | | - | (1) Any amount of the federal tax credit |
|---|
| 5925 | | - | available with respect to a qualified equity |
|---|
| 5926 | | - | investment that is eligible for a tax credit |
|---|
| 5927 | | - | under this section is recaptured under Section |
|---|
| 5928 | | - | 45D of the Internal Revenue Code of 1986, as |
|---|
| 5929 | | - | amended; or |
|---|
| 5930 | | - | (2) The issuer redeems or makes principal |
|---|
| 5931 | | - | repayment with respect to a qualified equity |
|---|
| 5932 | | - | investment prior to the seventh anniversary of |
|---|
| 5933 | | - | the issuance of such qualified equity |
|---|
| 5934 | | - | investment. Any tax credit that is subject to |
|---|
| 5935 | | - | recapture shall be recaptured from the taxpayer |
|---|
| 5936 | | - | that claimed the tax credit on a return. |
|---|
| 5937 | | - | 5. The department of economic development |
|---|
| 5938 | | - | shall promulgate rules to implement the |
|---|
| 5939 | | - | provisions of this section, including recapture |
|---|
| 5940 | | - | provisions on a scaled proportional basis, and |
|---|
| 5941 | | - | to administer the allocation of tax credits |
|---|
| 5942 | | - | issued for qualified equity investments, which |
|---|
| 5943 | | - | shall be conducted on a first -come, first-serve |
|---|
| 5944 | | - | basis. Any rule or portion of a rule, as that |
|---|
| 5945 | | - | term is defined in section 536.010, that is |
|---|
| 5946 | | - | created under the authority delegated in this |
|---|
| 5947 | | - | section shall become effectiv e only if it |
|---|
| 5948 | | - | complies with and is subject to all of the |
|---|
| 5949 | | - | provisions of chapter 536 and, if applicable, |
|---|
| 5950 | | - | section 536.028. This section and chapter 536 |
|---|
| 5951 | | - | are nonseverable and if any of the powers vested |
|---|
| 5952 | | - | with the general assembly pursuant to chapter |
|---|
| 5953 | | - | 536 to review, to delay the effective date, or |
|---|
| 5954 | | - | 165 |
|---|
| 5955 | | - | to disapprove and annul a rule are subsequently |
|---|
| 5956 | | - | held unconstitutional, then the grant of |
|---|
| 5957 | | - | rulemaking authority and any rule proposed or |
|---|
| 5958 | | - | adopted after September 4, 2007, shall be |
|---|
| 5959 | | - | invalid and void. |
|---|
| 5960 | | - | 6. For fiscal years following fiscal year |
|---|
| 5961 | | - | 2010, qualified equity investments shall not be |
|---|
| 5962 | | - | made under this section unless reauthorization |
|---|
| 5963 | | - | is made pursuant to this subsection. For all |
|---|
| 5964 | | - | fiscal years following fiscal year 2010, unless |
|---|
| 5965 | | - | the general assembly adopts a concurrent |
|---|
| 5966 | | - | resolution granting authority to the department |
|---|
| 5967 | | - | of economic development to approve qualified |
|---|
| 5968 | | - | equity investments for the Missouri new markets |
|---|
| 5969 | | - | development program and clearly describing the |
|---|
| 5970 | | - | amount of tax credits available for the next |
|---|
| 5971 | | - | fiscal year, or otherwise complies with the |
|---|
| 5972 | | - | provisions of this subsection, no qualified |
|---|
| 5973 | | - | equity investments may be permitted to be made |
|---|
| 5974 | | - | under this section. The amount of available tax |
|---|
| 5975 | | - | credits contained in such a resolution shall not |
|---|
| 5976 | | - | exceed the limitation p rovided under subsection |
|---|
| 5977 | | - | 2 of this section. In any year in which the |
|---|
| 5978 | | - | provisions of this section shall sunset pursuant |
|---|
| 5979 | | - | to subsection 7 of this section, reauthorization |
|---|
| 5980 | | - | shall be made by general law and not by |
|---|
| 5981 | | - | concurrent resolution. Nothing in this |
|---|
| 5982 | | - | subsection shall preclude a taxpayer who makes a |
|---|
| 5983 | | - | qualified equity investment prior to the |
|---|
| 5984 | | - | expiration of authority to make qualified equity |
|---|
| 5985 | | - | investments from claiming tax credits relating |
|---|
| 5986 | | - | to such qualified equity investment for each |
|---|
| 5987 | | - | applicable credit allo wance date. |
|---|
| 5988 | | - | 7. Under section 23.253 of the Missouri |
|---|
| 5989 | | - | sunset act: |
|---|
| 5990 | | - | (1) The provisions of the new program |
|---|
| 5991 | | - | authorized under this section shall |
|---|
| 5992 | | - | automatically sunset six years after September |
|---|
| 5993 | | - | 4, 2007, unless reauthorized by an act of the |
|---|
| 5994 | | - | general assembly; and |
|---|
| 5995 | | - | (2) If such program is reauthorized, the |
|---|
| 5996 | | - | program authorized under this section shall |
|---|
| 5997 | | - | automatically sunset twelve years after the |
|---|
| 5998 | | - | effective date of the reauthorization of this |
|---|
| 5999 | | - | section; and |
|---|
| 6000 | | - | 166 |
|---|
| 6001 | | - | (3) This section shall terminate on |
|---|
| 6002 | | - | September first of the calendar year immediately |
|---|
| 6003 | | - | following the calendar year in which the program |
|---|
| 6004 | | - | authorized under this section is sunset. |
|---|
| 6005 | | - | However, nothing in this subsection shall |
|---|
| 6006 | | - | preclude a taxpayer who makes a qualified equity |
|---|
| 6007 | | - | investment prior to s unset of this section under |
|---|
| 6008 | | - | the provisions of section 23.253 from claiming |
|---|
| 6009 | | - | tax credits relating to such qualified equity |
|---|
| 6010 | | - | investment for each credit allowance date. ] |
|---|
| 6011 | | - | [135.682. 1. The director of the |
|---|
| 6012 | | - | department of economic development o r the |
|---|
| 6013 | | - | director's designee shall issue letter rulings |
|---|
| 6014 | | - | regarding the tax credit program authorized |
|---|
| 6015 | | - | under section 135.680, subject to the terms and |
|---|
| 6016 | | - | conditions set forth in this section. The |
|---|
| 6017 | | - | director of the department of economic |
|---|
| 6018 | | - | development may impose additional terms and |
|---|
| 6019 | | - | conditions consistent with this section to |
|---|
| 6020 | | - | requests for letter rulings by regulation |
|---|
| 6021 | | - | promulgated under chapter 536. For the purposes |
|---|
| 6022 | | - | of this section, the term "letter ruling" means |
|---|
| 6023 | | - | a written interpretation of law to a specific |
|---|
| 6024 | | - | set of facts provided by the applicant |
|---|
| 6025 | | - | requesting a letter ruling. |
|---|
| 6026 | | - | 2. The director or director's designee |
|---|
| 6027 | | - | shall respond to a request for a letter ruling |
|---|
| 6028 | | - | within sixty days of receipt of such request. |
|---|
| 6029 | | - | The applicant may provide a draft letter ruling |
|---|
| 6030 | | - | for the department's consideration. The |
|---|
| 6031 | | - | applicant may withdraw the request for a letter |
|---|
| 6032 | | - | ruling, in writing, prior to the issuance of the |
|---|
| 6033 | | - | letter ruling. The director or the director's |
|---|
| 6034 | | - | designee may refuse to issue a letter ruling for |
|---|
| 6035 | | - | good cause, but must list the specific reasons |
|---|
| 6036 | | - | for refusing to issue the letter ruling. Good |
|---|
| 6037 | | - | cause includes, but is not limited to: |
|---|
| 6038 | | - | (1) The applicant requests the director to |
|---|
| 6039 | | - | determine whether a statute is constitutional or |
|---|
| 6040 | | - | a regulation is lawful; |
|---|
| 6041 | | - | (2) The request involves a hypothetical |
|---|
| 6042 | | - | situation or alternative plans; |
|---|
| 6043 | | - | (3) The facts or issues presented in the |
|---|
| 6044 | | - | request are unclear, overbroad, insufficient, or |
|---|
| 6045 | | - | 167 |
|---|
| 6046 | | - | otherwise inappropriate as a basis upon which to |
|---|
| 6047 | | - | issue a letter ruling; and |
|---|
| 6048 | | - | (4) The issue is currently being |
|---|
| 6049 | | - | considered in a rulemaking procedure, contested |
|---|
| 6050 | | - | case, or other agency or judicial proceeding |
|---|
| 6051 | | - | that may definitely resolve the issue. |
|---|
| 6052 | | - | 3. Letter rulings shall bind the director |
|---|
| 6053 | | - | and the director's agents and their successors |
|---|
| 6054 | | - | until such time as the taxpayer or its |
|---|
| 6055 | | - | shareholders, members, or partners, as |
|---|
| 6056 | | - | applicable, claim all of such tax credits on a |
|---|
| 6057 | | - | Missouri tax return, subject to the terms and |
|---|
| 6058 | | - | conditions set forth in properly published |
|---|
| 6059 | | - | regulations. The letter ruling shal l apply only |
|---|
| 6060 | | - | to the applicant. |
|---|
| 6061 | | - | 4. Letter rulings issued under the |
|---|
| 6062 | | - | authority of this section shall not be a rule as |
|---|
| 6063 | | - | defined in section 536.010 in that it is an |
|---|
| 6064 | | - | interpretation issued by the department with |
|---|
| 6065 | | - | respect to a specific set of facts and in tended |
|---|
| 6066 | | - | to apply only to that specific set of facts, and |
|---|
| 6067 | | - | therefore shall not be subject to the rulemaking |
|---|
| 6068 | | - | requirements of chapter 536. |
|---|
| 6069 | | - | 5. Information in letter ruling requests |
|---|
| 6070 | | - | as described in section 620.014 shall be closed |
|---|
| 6071 | | - | to the public. Copies of letter rulings shall |
|---|
| 6072 | | - | be available to the public provided that the |
|---|
| 6073 | | - | applicant identifying information and otherwise |
|---|
| 6074 | | - | protected information is redacted from the |
|---|
| 6075 | | - | letter ruling as provided in subsection 1 of |
|---|
| 6076 | | - | section 610.024.] |
|---|
| 6077 | | - | [135.710. 1. As used in this section, the |
|---|
| 6078 | | - | following terms mean: |
|---|
| 6079 | | - | (1) "Alternative fuel vehicle refueling |
|---|
| 6080 | | - | property", property in this state owned by an |
|---|
| 6081 | | - | eligible applicant and used for storing |
|---|
| 6082 | | - | alternative fuels and for dispensing such |
|---|
| 6083 | | - | alternative fuels into fuel tanks of motor |
|---|
| 6084 | | - | vehicles owned by such eligible applicant or |
|---|
| 6085 | | - | private citizens; |
|---|
| 6086 | | - | (2) "Alternative fuels", any motor fuel at |
|---|
| 6087 | | - | least seventy percent of the volume of which |
|---|
| 6088 | | - | consists of one or more of the following: |
|---|
| 6089 | | - | (a) Ethanol; |
|---|
| 6090 | | - | (b) Natural gas; |
|---|
| 6091 | | - | 168 |
|---|
| 6092 | | - | (c) Compressed natural gas, or CNG; |
|---|
| 6093 | | - | (d) Liquified natural gas, or LNG; |
|---|
| 6094 | | - | (e) Liquified petroleum gas, or LP gas, |
|---|
| 6095 | | - | propane, or autogas; |
|---|
| 6096 | | - | (f) Any mixture of biodiesel and diesel |
|---|
| 6097 | | - | fuel, without regard to any use of kerosene; |
|---|
| 6098 | | - | (g) Hydrogen; |
|---|
| 6099 | | - | (3) "Department", the department of |
|---|
| 6100 | | - | economic development; |
|---|
| 6101 | | - | (4) "Electric vehicle recharging |
|---|
| 6102 | | - | property", property in this state owned by an |
|---|
| 6103 | | - | eligible applicant and used for recharging |
|---|
| 6104 | | - | electric motor vehicles owned by such eligi ble |
|---|
| 6105 | | - | applicant or private citizens; |
|---|
| 6106 | | - | (5) "Eligible applicant", a business |
|---|
| 6107 | | - | entity or private citizen that is the owner of |
|---|
| 6108 | | - | an electric vehicle recharging property or an |
|---|
| 6109 | | - | alternative fuel vehicle refueling property; |
|---|
| 6110 | | - | (6) "Qualified Missouri contra ctor", a |
|---|
| 6111 | | - | contractor whose principal place of business is |
|---|
| 6112 | | - | located in Missouri and has been located in |
|---|
| 6113 | | - | Missouri for a period of not less than five |
|---|
| 6114 | | - | years; |
|---|
| 6115 | | - | (7) "Qualified property", an electric |
|---|
| 6116 | | - | vehicle recharging property or an alternative |
|---|
| 6117 | | - | fuel vehicle refueling property which, if |
|---|
| 6118 | | - | constructed after August 28, 2014, was |
|---|
| 6119 | | - | constructed with at least fifty -one percent of |
|---|
| 6120 | | - | the costs being paid to qualified Missouri |
|---|
| 6121 | | - | contractors for the: |
|---|
| 6122 | | - | (a) Fabrication of premanufactured |
|---|
| 6123 | | - | equipment or process pipin g used in the |
|---|
| 6124 | | - | construction of such facility; |
|---|
| 6125 | | - | (b) Construction of such facility; and |
|---|
| 6126 | | - | (c) General maintenance of such facility |
|---|
| 6127 | | - | during the time period in which such facility |
|---|
| 6128 | | - | receives any tax credit under this section. |
|---|
| 6129 | | - | If no qualified Missouri c ontractor is located |
|---|
| 6130 | | - | within seventy-five miles of the property, the |
|---|
| 6131 | | - | requirement that fifty -one percent of the costs |
|---|
| 6132 | | - | shall be paid to qualified Missouri contractors |
|---|
| 6133 | | - | shall not apply. |
|---|
| 6134 | | - | 2. For all tax years beginning on or after |
|---|
| 6135 | | - | January 1, 2015, but before January 1, 2018, any |
|---|
| 6136 | | - | eligible applicant who installs and operates a |
|---|
| 6137 | | - | qualified property shall be allowed a credit |
|---|
| 6138 | | - | 169 |
|---|
| 6139 | | - | against the tax otherwise due under chapter 143, |
|---|
| 6140 | | - | excluding withholding tax imposed by sections |
|---|
| 6141 | | - | 143.191 to 143.265, or due under cha pter 147 or |
|---|
| 6142 | | - | chapter 148 for any tax year in which the |
|---|
| 6143 | | - | applicant is constructing the qualified |
|---|
| 6144 | | - | property. The credit allowed in this section |
|---|
| 6145 | | - | per eligible applicant who is a private citizen |
|---|
| 6146 | | - | shall not exceed fifteen hundred dollars or per |
|---|
| 6147 | | - | eligible applicant that is a business entity |
|---|
| 6148 | | - | shall not exceed the lesser of twenty thousand |
|---|
| 6149 | | - | dollars or twenty percent of the total costs |
|---|
| 6150 | | - | directly associated with the purchase and |
|---|
| 6151 | | - | installation of any alternative fuel storage and |
|---|
| 6152 | | - | dispensing equipment or any rechargin g equipment |
|---|
| 6153 | | - | on any qualified property, which shall not |
|---|
| 6154 | | - | include the following: |
|---|
| 6155 | | - | (1) Costs associated with the purchase of |
|---|
| 6156 | | - | land upon which to place a qualified property; |
|---|
| 6157 | | - | (2) Costs associated with the purchase of |
|---|
| 6158 | | - | an existing qualified property; or |
|---|
| 6159 | | - | (3) Costs for the construction or purchase |
|---|
| 6160 | | - | of any structure. |
|---|
| 6161 | | - | 3. Tax credits allowed by this section |
|---|
| 6162 | | - | shall be claimed by the eligible applicant at |
|---|
| 6163 | | - | the time such applicant files a return for the |
|---|
| 6164 | | - | tax year in which the storage and dispensin g or |
|---|
| 6165 | | - | recharging facilities were placed in service at |
|---|
| 6166 | | - | a qualified property, and shall be applied |
|---|
| 6167 | | - | against the income tax liability imposed by |
|---|
| 6168 | | - | chapter 143, chapter 147, or chapter 148 after |
|---|
| 6169 | | - | all other credits provided by law have been |
|---|
| 6170 | | - | applied. The cumulative amount of tax credits |
|---|
| 6171 | | - | which may be claimed by eligible applicants |
|---|
| 6172 | | - | claiming all credits authorized in this section |
|---|
| 6173 | | - | shall not exceed one million dollars in any |
|---|
| 6174 | | - | calendar year, subject to appropriations. |
|---|
| 6175 | | - | 4. If the amount of the tax credit excee ds |
|---|
| 6176 | | - | the eligible applicant's tax liability, the |
|---|
| 6177 | | - | difference shall not be refundable. Any amount |
|---|
| 6178 | | - | of credit that an eligible applicant is |
|---|
| 6179 | | - | prohibited by this section from claiming in a |
|---|
| 6180 | | - | taxable year may be carried forward to any of |
|---|
| 6181 | | - | such applicant's two su bsequent taxable years. |
|---|
| 6182 | | - | Tax credits allowed under this section may be |
|---|
| 6183 | | - | assigned, transferred, sold, or otherwise |
|---|
| 6184 | | - | conveyed. |
|---|
| 6185 | | - | 170 |
|---|
| 6186 | | - | 5. Any qualified property, for which an |
|---|
| 6187 | | - | eligible applicant receives tax credits under |
|---|
| 6188 | | - | this section, which ceases to sell a lternative |
|---|
| 6189 | | - | fuel or recharge electric vehicles shall cause |
|---|
| 6190 | | - | the forfeiture of such eligible applicant's tax |
|---|
| 6191 | | - | credits provided under this section for the |
|---|
| 6192 | | - | taxable year in which the qualified property |
|---|
| 6193 | | - | ceased to sell alternative fuel or recharge |
|---|
| 6194 | | - | electric vehicles and for future taxable years |
|---|
| 6195 | | - | with no recapture of tax credits obtained by an |
|---|
| 6196 | | - | eligible applicant with respect to such |
|---|
| 6197 | | - | applicant's tax years which ended before the |
|---|
| 6198 | | - | sale of alternative fuel or recharging of |
|---|
| 6199 | | - | electric vehicles ceased. |
|---|
| 6200 | | - | 6. The director of revenue shall establish |
|---|
| 6201 | | - | the procedure by which the tax credits in this |
|---|
| 6202 | | - | section may be claimed, and shall establish a |
|---|
| 6203 | | - | procedure by which the cumulative amount of tax |
|---|
| 6204 | | - | credits is apportioned equally among all |
|---|
| 6205 | | - | eligible applicants claiming the c redit. To the |
|---|
| 6206 | | - | maximum extent possible, the director of revenue |
|---|
| 6207 | | - | shall establish the procedure described in this |
|---|
| 6208 | | - | subsection in such a manner as to ensure that |
|---|
| 6209 | | - | eligible applicants can claim all the tax |
|---|
| 6210 | | - | credits possible up to the cumulative amount of |
|---|
| 6211 | | - | tax credits available for the taxable year. No |
|---|
| 6212 | | - | eligible applicant claiming a tax credit under |
|---|
| 6213 | | - | this section shall be liable for any interest or |
|---|
| 6214 | | - | penalty for filing a tax return after the date |
|---|
| 6215 | | - | fixed for filing such return as a result of the |
|---|
| 6216 | | - | apportionment procedure under this subsection. |
|---|
| 6217 | | - | 7. Any eligible applicant desiring to |
|---|
| 6218 | | - | claim a tax credit under this section shall |
|---|
| 6219 | | - | submit the appropriate application for such |
|---|
| 6220 | | - | credit with the department. The application for |
|---|
| 6221 | | - | a tax credit under this section shall include |
|---|
| 6222 | | - | any information required by the department. The |
|---|
| 6223 | | - | department shall review the applications and |
|---|
| 6224 | | - | certify to the department of revenue each |
|---|
| 6225 | | - | eligible applicant that qualifies for the tax |
|---|
| 6226 | | - | credit. |
|---|
| 6227 | | - | 8. The department and the department of |
|---|
| 6228 | | - | revenue may promulgate rules to implement the |
|---|
| 6229 | | - | provisions of this section. Any rule or portion |
|---|
| 6230 | | - | of a rule, as that term is defined in section |
|---|
| 6231 | | - | 536.010, that is created under the authority |
|---|
| 6232 | | - | 171 |
|---|
| 6233 | | - | delegated in this section shall become effective |
|---|
| 6234 | | - | only if it complies wi th and is subject to all |
|---|
| 6235 | | - | of the provisions of chapter 536 and, if |
|---|
| 6236 | | - | applicable, section 536.028. This section and |
|---|
| 6237 | | - | chapter 536 are nonseverable and if any of the |
|---|
| 6238 | | - | powers vested with the general assembly pursuant |
|---|
| 6239 | | - | to chapter 536 to review, to delay the eff ective |
|---|
| 6240 | | - | date, or to disapprove and annul a rule are |
|---|
| 6241 | | - | subsequently held unconstitutional, then the |
|---|
| 6242 | | - | grant of rulemaking authority and any rule |
|---|
| 6243 | | - | proposed or adopted after August 28, 2008, shall |
|---|
| 6244 | | - | be invalid and void. |
|---|
| 6245 | | - | 9. The provisions of section 23.253 of the |
|---|
| 6246 | | - | Missouri sunset act notwithstanding: |
|---|
| 6247 | | - | (1) The provisions of the new program |
|---|
| 6248 | | - | authorized under this section shall |
|---|
| 6249 | | - | automatically sunset three years after December |
|---|
| 6250 | | - | 31, 2014, unless reauthorized by an act of the |
|---|
| 6251 | | - | general assembly; and |
|---|
| 6252 | | - | (2) If such program is reauthorized, the |
|---|
| 6253 | | - | program authorized under this section shall |
|---|
| 6254 | | - | automatically sunset six years after the |
|---|
| 6255 | | - | effective date of the reauthorization of this |
|---|
| 6256 | | - | section; and |
|---|
| 6257 | | - | (3) This section shall terminate on |
|---|
| 6258 | | - | December thirty-first of the calendar year |
|---|
| 6259 | | - | immediately following the calendar year in which |
|---|
| 6260 | | - | the program authorized under this section is |
|---|
| 6261 | | - | sunset; and |
|---|
| 6262 | | - | (4) The provisions of this subsection |
|---|
| 6263 | | - | shall not be construed to limit or in any way |
|---|
| 6264 | | - | impair the department's ability to redee m tax |
|---|
| 6265 | | - | credits authorized on or before the date the |
|---|
| 6266 | | - | program authorized under this section expires or |
|---|
| 6267 | | - | a taxpayer's ability to redeem such tax credits. ] |
|---|
| 6268 | | - | [135.766. An eligible small business, as |
|---|
| 6269 | | - | defined in Section 44 of the Internal Revenu e |
|---|
| 6270 | | - | Code, shall be allowed a credit against the tax |
|---|
| 6271 | | - | otherwise due pursuant to chapter 143, not |
|---|
| 6272 | | - | including sections 143.191 to 143.265, in an |
|---|
| 6273 | | - | amount equal to any amount paid by the eligible |
|---|
| 6274 | | - | small business to the United States Small |
|---|
| 6275 | | - | Business Administratio n as a guaranty fee |
|---|
| 6276 | | - | pursuant to obtaining Small Business |
|---|
| 6277 | | - | Administration guaranteed financing and to |
|---|
| 6278 | | - | 172 |
|---|
| 6279 | | - | programs administered by the United States |
|---|
| 6280 | | - | Department of Agriculture for rural development |
|---|
| 6281 | | - | or farm service agencies. No tax credits |
|---|
| 6282 | | - | provided under this section shall be authorized |
|---|
| 6283 | | - | on or after the thirtieth day following the |
|---|
| 6284 | | - | effective date of this act. The provisions of |
|---|
| 6285 | | - | this subsection shall not be construed to limit |
|---|
| 6286 | | - | or in any way impair the department's ability to |
|---|
| 6287 | | - | issue tax credits authorized pri or to the |
|---|
| 6288 | | - | thirtieth day following the effective date of |
|---|
| 6289 | | - | this act, or a taxpayer's ability to redeem such |
|---|
| 6290 | | - | tax credits.] |
|---|
| 6291 | | - | [135.980. 1. As used in this section, the |
|---|
| 6292 | | - | following terms shall mean: |
|---|
| 6293 | | - | (1) "NAICS", the classification provide d |
|---|
| 6294 | | - | by the most recent edition of the North American |
|---|
| 6295 | | - | Industry Classification System as prepared by |
|---|
| 6296 | | - | the Executive Office of the President, Office of |
|---|
| 6297 | | - | Management and Budget; |
|---|
| 6298 | | - | (2) "Public financial incentive", any |
|---|
| 6299 | | - | economic or financial incentive offere d |
|---|
| 6300 | | - | including: |
|---|
| 6301 | | - | (a) Any tax reduction, credit, |
|---|
| 6302 | | - | forgiveness, abatement, subsidy, or other tax - |
|---|
| 6303 | | - | relieving measure; |
|---|
| 6304 | | - | (b) Any tax increment financing or similar |
|---|
| 6305 | | - | financial arrangement; |
|---|
| 6306 | | - | (c) Any monetary or nonmonetary benefit |
|---|
| 6307 | | - | related to any bond, loan, or similar financial |
|---|
| 6308 | | - | arrangement; |
|---|
| 6309 | | - | (d) Any reduction, credit, forgiveness, |
|---|
| 6310 | | - | abatement, subsidy, or other relief related to |
|---|
| 6311 | | - | any bond, loan, or similar financial |
|---|
| 6312 | | - | arrangement; and |
|---|
| 6313 | | - | (e) The ability to form, own, direct, or |
|---|
| 6314 | | - | receive any economic or financial benefit from |
|---|
| 6315 | | - | any special taxation district. |
|---|
| 6316 | | - | 2. No city not within a county shall by |
|---|
| 6317 | | - | ballot measure impose any restriction on any |
|---|
| 6318 | | - | public financial incentive authorized by statute |
|---|
| 6319 | | - | for a business with a NAICS code of 212111. |
|---|
| 6320 | | - | 3. The provisions of this section shall |
|---|
| 6321 | | - | expire on December 31, 2017. ] |
|---|
| 6322 | | - | 173 |
|---|
| 6323 | | - | [136.450. 1. There is hereby established |
|---|
| 6324 | | - | the "Study Commission on State Tax Policy" which |
|---|
| 6325 | | - | shall be composed of the following members: |
|---|
| 6326 | | - | (1) The members of the joint committee on |
|---|
| 6327 | | - | tax policy established in section 21.810; |
|---|
| 6328 | | - | (2) The state treasurer; |
|---|
| 6329 | | - | (3) The state budget director; |
|---|
| 6330 | | - | (4) The director of the department of |
|---|
| 6331 | | - | revenue, but only if such person has been |
|---|
| 6332 | | - | appointed by the governor with the adv ice and |
|---|
| 6333 | | - | consent of the senate in accordance with Article |
|---|
| 6334 | | - | IV, Section 51 of the Constitution of Missouri; |
|---|
| 6335 | | - | (5) Three individuals representing the |
|---|
| 6336 | | - | needs and concerns of individual taxpayers in |
|---|
| 6337 | | - | this state, one of whom shall be appointed by |
|---|
| 6338 | | - | the lieutenant governor, one of whom shall be |
|---|
| 6339 | | - | appointed by the minority floor leader of the |
|---|
| 6340 | | - | house of representatives, and one of whom shall |
|---|
| 6341 | | - | be appointed by the minority floor leader of the |
|---|
| 6342 | | - | senate; |
|---|
| 6343 | | - | (6) A certified public accountant, who |
|---|
| 6344 | | - | shall be appointed by the lieutenant governor in |
|---|
| 6345 | | - | consultation with the Missouri Society of |
|---|
| 6346 | | - | Certified Public Accountants; |
|---|
| 6347 | | - | (7) An independent tax practitioner, who |
|---|
| 6348 | | - | shall be appointed by the lieutenant governor in |
|---|
| 6349 | | - | consultation with the Missouri Society of |
|---|
| 6350 | | - | Accountants; |
|---|
| 6351 | | - | (8) An individual with experience |
|---|
| 6352 | | - | operating a business with a headquarters in this |
|---|
| 6353 | | - | state and fewer than fifty employees, who shall |
|---|
| 6354 | | - | be appointed by the speaker of the house of |
|---|
| 6355 | | - | representatives; |
|---|
| 6356 | | - | (9) An individual with experience |
|---|
| 6357 | | - | operating a business with a headquarters in this |
|---|
| 6358 | | - | state and at least fifty employees, who shall be |
|---|
| 6359 | | - | appointed by the president pro tempore of the |
|---|
| 6360 | | - | senate; |
|---|
| 6361 | | - | (10) Two individuals with significant |
|---|
| 6362 | | - | experience in state and local taxation, public |
|---|
| 6363 | | - | or private budgeting and finance, or public |
|---|
| 6364 | | - | services delivery, one of whom shall be |
|---|
| 6365 | | - | appointed by the speaker of the house of |
|---|
| 6366 | | - | representatives in consultation with the |
|---|
| 6367 | | - | Missouri Association of Counties and the other |
|---|
| 6368 | | - | appointed by the president pro tempore of the |
|---|
| 6369 | | - | 174 |
|---|
| 6370 | | - | senate in consultation with Missouri Municipal |
|---|
| 6371 | | - | League; and |
|---|
| 6372 | | - | (11) A member of the Missouri Bar with |
|---|
| 6373 | | - | knowledge of the tax laws of this state, |
|---|
| 6374 | | - | including tax administration and compliance, who |
|---|
| 6375 | | - | shall be appointed by the board of governors of |
|---|
| 6376 | | - | the Missouri Bar. |
|---|
| 6377 | | - | 2. Any vacancy on the commission shall be |
|---|
| 6378 | | - | filled in the same manner as the original |
|---|
| 6379 | | - | appointment. Any appointed member of the |
|---|
| 6380 | | - | commission shall serve at the pleasure of the |
|---|
| 6381 | | - | appointing authority. Commission members shall |
|---|
| 6382 | | - | serve without compensatio n but shall be entitled |
|---|
| 6383 | | - | to reimbursement for actual and necessary |
|---|
| 6384 | | - | expenses incurred in the performance of their |
|---|
| 6385 | | - | official duties. |
|---|
| 6386 | | - | 3. The commission shall meet in the |
|---|
| 6387 | | - | capitol building within ten days after its |
|---|
| 6388 | | - | creation and organize by selecting a chair and |
|---|
| 6389 | | - | vice chair from its members. After its |
|---|
| 6390 | | - | organization, the commission shall adopt an |
|---|
| 6391 | | - | agenda establishing at least five hearing |
|---|
| 6392 | | - | dates. The hearings shall be held in different |
|---|
| 6393 | | - | geographic regions of the state and open to the |
|---|
| 6394 | | - | public. Additional meetings may be scheduled |
|---|
| 6395 | | - | and held as often as the chair deems advisable. |
|---|
| 6396 | | - | A majority of the members shall constitute a |
|---|
| 6397 | | - | quorum. |
|---|
| 6398 | | - | 4. It shall be the duty of the commission: |
|---|
| 6399 | | - | (1) To make a complete, detailed review |
|---|
| 6400 | | - | and study of the tax struct ure of the state and |
|---|
| 6401 | | - | its political subdivisions, including tax |
|---|
| 6402 | | - | sources, the impact of taxes, collection |
|---|
| 6403 | | - | procedures, administrative regulations, and all |
|---|
| 6404 | | - | other factors pertinent to the fiscal operation |
|---|
| 6405 | | - | of the state; |
|---|
| 6406 | | - | (2) To identify the strengths a nd |
|---|
| 6407 | | - | weaknesses of state tax laws, and develop a |
|---|
| 6408 | | - | broad range of improvements that could be made |
|---|
| 6409 | | - | to modernize the tax system, maximize economic |
|---|
| 6410 | | - | development and growth, and maintain necessary |
|---|
| 6411 | | - | government services at an appropriate level; |
|---|
| 6412 | | - | (3) To investigate measures and methods to |
|---|
| 6413 | | - | simplify state tax law, improve tax compliance, |
|---|
| 6414 | | - | and reduce administrative costs; and |
|---|
| 6415 | | - | 175 |
|---|
| 6416 | | - | (4) To examine and study any other aspects |
|---|
| 6417 | | - | of state and local government which may be |
|---|
| 6418 | | - | related to the tax structure of the state. |
|---|
| 6419 | | - | 5. In order to carry out its duties and |
|---|
| 6420 | | - | responsibilities under this section, the |
|---|
| 6421 | | - | commission shall have the authority to: |
|---|
| 6422 | | - | (1) Consult with public and private |
|---|
| 6423 | | - | universities and academies, public and private |
|---|
| 6424 | | - | organizations, and private citizens i n the |
|---|
| 6425 | | - | performance of its duties; |
|---|
| 6426 | | - | (2) Within the limits of appropriations |
|---|
| 6427 | | - | made for such purpose, employ consultants or |
|---|
| 6428 | | - | others to assist the commission in its work, or |
|---|
| 6429 | | - | contract with public and private entities for |
|---|
| 6430 | | - | analysis and study of current or proposed |
|---|
| 6431 | | - | changes to state and local tax policy; and |
|---|
| 6432 | | - | (3) Make reasonable requests for staff |
|---|
| 6433 | | - | assistance from the research and appropriations |
|---|
| 6434 | | - | staffs of the house of representatives and |
|---|
| 6435 | | - | senate and the committee on legislative |
|---|
| 6436 | | - | research, as well as th e office of |
|---|
| 6437 | | - | administration and the department of revenue. |
|---|
| 6438 | | - | 6. All state agencies and political |
|---|
| 6439 | | - | subdivisions of the state responsible for the |
|---|
| 6440 | | - | administration of tax policies shall cooperate |
|---|
| 6441 | | - | with and assist the commission in the |
|---|
| 6442 | | - | performance of its d uties and shall make |
|---|
| 6443 | | - | available all books, records, and information |
|---|
| 6444 | | - | requested, except such books, records, and |
|---|
| 6445 | | - | information as are by law declared confidential |
|---|
| 6446 | | - | in nature, including individually identifiable |
|---|
| 6447 | | - | information regarding a specific taxpayer. |
|---|
| 6448 | | - | 7. The commission may issue interim |
|---|
| 6449 | | - | reports as it deems fit, but it shall provide |
|---|
| 6450 | | - | the governor and the general assembly with |
|---|
| 6451 | | - | reports of its findings and recommendations for |
|---|
| 6452 | | - | legal and administrative changes, along with any |
|---|
| 6453 | | - | proposed legislation the c ommission recommends |
|---|
| 6454 | | - | for adoption by the general assembly. A |
|---|
| 6455 | | - | preliminary report shall be due by December 31, |
|---|
| 6456 | | - | 2016. A final report shall be due December 31, |
|---|
| 6457 | | - | 2017. |
|---|
| 6458 | | - | 8. The commission shall cease all |
|---|
| 6459 | | - | activities by January 1, 2018. This section |
|---|
| 6460 | | - | shall expire August 28, 2018. ] |
|---|
| 6461 | | - | 176 |
|---|
| 6462 | | - | [142.1000. 1. There is hereby created |
|---|
| 6463 | | - | within the department of revenue the "Electric |
|---|
| 6464 | | - | Vehicle Task Force" to consist of the following |
|---|
| 6465 | | - | members: |
|---|
| 6466 | | - | (1) The director of the department of |
|---|
| 6467 | | - | revenue, or his or her designee, who shall serve |
|---|
| 6468 | | - | as chair; |
|---|
| 6469 | | - | (2) The chairman of the public service |
|---|
| 6470 | | - | commission, or his or her designee, who shall |
|---|
| 6471 | | - | serve as vice chair; |
|---|
| 6472 | | - | (3) The director of the department of |
|---|
| 6473 | | - | transportation, or his or her designee; |
|---|
| 6474 | | - | (4) One member of the senate committee |
|---|
| 6475 | | - | with jurisdiction over transportation matters, |
|---|
| 6476 | | - | to be appointed by the president pro tempore of |
|---|
| 6477 | | - | the senate; |
|---|
| 6478 | | - | (5) One member of the house of |
|---|
| 6479 | | - | representatives committee with jurisdiction over |
|---|
| 6480 | | - | transportation matters, to be appointed by the |
|---|
| 6481 | | - | speaker of the house of representatives; |
|---|
| 6482 | | - | (6) One member of the senate committee |
|---|
| 6483 | | - | with jurisdiction over transportation matters, |
|---|
| 6484 | | - | to be appointed by the minority floor leader of |
|---|
| 6485 | | - | the senate; |
|---|
| 6486 | | - | (7) One member of the house of |
|---|
| 6487 | | - | representatives committee with jurisdiction over |
|---|
| 6488 | | - | transportation matters, to be appointed by the |
|---|
| 6489 | | - | minority floor leader of the house of |
|---|
| 6490 | | - | representatives; |
|---|
| 6491 | | - | (8) One representative of the trucking or |
|---|
| 6492 | | - | heavy vehicle industry, to be appointed by the |
|---|
| 6493 | | - | president pro tempore of the senate; |
|---|
| 6494 | | - | (9) One representative of electric vehicle |
|---|
| 6495 | | - | manufacturers or dealers, to be appointed by the |
|---|
| 6496 | | - | speaker of the house of representatives; |
|---|
| 6497 | | - | (10) One representative of conventional |
|---|
| 6498 | | - | motor vehicle manufacturers or dealers, to be |
|---|
| 6499 | | - | appointed by the president pro tempore of the |
|---|
| 6500 | | - | senate; |
|---|
| 6501 | | - | (11) One representative of the petroleum |
|---|
| 6502 | | - | industry or convenience stores, to be appointed |
|---|
| 6503 | | - | by the speaker of the house of representatives; |
|---|
| 6504 | | - | (12) One representative of electric |
|---|
| 6505 | | - | vehicle charging station manufacturers or |
|---|
| 6506 | | - | operators, to be appointed by the president pro |
|---|
| 6507 | | - | tempore of the senate; and |
|---|
| 6508 | | - | 177 |
|---|
| 6509 | | - | (13) One representative of electric |
|---|
| 6510 | | - | utilities, to be appointed by the speaker of the |
|---|
| 6511 | | - | house of representatives. |
|---|
| 6512 | | - | 2. The task force shall analyze the |
|---|
| 6513 | | - | following in the context of transportation |
|---|
| 6514 | | - | funding, and make recommendations as to any |
|---|
| 6515 | | - | actions the state should take to fund |
|---|
| 6516 | | - | transportation infrastructure in anticipation of |
|---|
| 6517 | | - | more widespread adoption of electric vehicles: |
|---|
| 6518 | | - | (1) Removal or mitigation of barriers to |
|---|
| 6519 | | - | electric vehicle charging, including strategies, |
|---|
| 6520 | | - | such as time-of-use rates, to reduce operating |
|---|
| 6521 | | - | costs for current and future electric vehicle |
|---|
| 6522 | | - | owners without shifting costs to electric |
|---|
| 6523 | | - | ratepayers who do not own or op erate electric |
|---|
| 6524 | | - | vehicles; |
|---|
| 6525 | | - | (2) Strategies for managing the impact of |
|---|
| 6526 | | - | electric vehicles on, and services provided for |
|---|
| 6527 | | - | electric vehicles by, the electricity |
|---|
| 6528 | | - | transmission and distribution system; |
|---|
| 6529 | | - | (3) Electric system benefits and costs of |
|---|
| 6530 | | - | electric vehicle charging, electric utility |
|---|
| 6531 | | - | planning for electric vehicle charging, and rate |
|---|
| 6532 | | - | design for electric vehicle charging; |
|---|
| 6533 | | - | (4) The appropriate role of electric |
|---|
| 6534 | | - | utilities with regard to the deployment and |
|---|
| 6535 | | - | operation of electric vehicle charging s ystems; |
|---|
| 6536 | | - | (5) How and on what terms, including |
|---|
| 6537 | | - | quantity, pricing, and time of day, charging |
|---|
| 6538 | | - | stations owned or operated by entities other |
|---|
| 6539 | | - | than electric utilities will obtain electricity |
|---|
| 6540 | | - | to provide to electric vehicles; |
|---|
| 6541 | | - | (6) What safety standard s should apply to |
|---|
| 6542 | | - | the charging of electric vehicles; |
|---|
| 6543 | | - | (7) The recommended scope of the |
|---|
| 6544 | | - | jurisdiction of the public service commission, |
|---|
| 6545 | | - | the department of revenue, and other state |
|---|
| 6546 | | - | agencies over charging stations owned or |
|---|
| 6547 | | - | operated by entities other t han electric |
|---|
| 6548 | | - | utilities; |
|---|
| 6549 | | - | (8) Whether charging stations owned or |
|---|
| 6550 | | - | operated by entities other than electric |
|---|
| 6551 | | - | utilities will be free to set the rates or |
|---|
| 6552 | | - | prices at which they provide electricity to |
|---|
| 6553 | | - | electric vehicles, and any other issues relevant |
|---|
| 6554 | | - | to the appropriate oversight of the rates and |
|---|
| 6555 | | - | 178 |
|---|
| 6556 | | - | prices charged by such stations, including |
|---|
| 6557 | | - | transparency to the consumer of those rates and |
|---|
| 6558 | | - | prices; and |
|---|
| 6559 | | - | (9) The recommended billing and complaint |
|---|
| 6560 | | - | procedures for charging stations; |
|---|
| 6561 | | - | (10) Options to address how electric |
|---|
| 6562 | | - | vehicle users pay toward the cost of maintaining |
|---|
| 6563 | | - | the state's transportation infrastructure, |
|---|
| 6564 | | - | including methods to assess the impact of |
|---|
| 6565 | | - | electric vehicles on that infrastructure and how |
|---|
| 6566 | | - | to calculate a charge based on that impact, the |
|---|
| 6567 | | - | potential assessment of a charge to electric |
|---|
| 6568 | | - | vehicles as a rate per kilowatt hour delivered |
|---|
| 6569 | | - | to an electric vehicle, varying such per - |
|---|
| 6570 | | - | kilowatt-hour charge by size and type of |
|---|
| 6571 | | - | electric vehicle, and phasing in such per - |
|---|
| 6572 | | - | kilowatt-hour charge; |
|---|
| 6573 | | - | (11) The accuracy of electric metering and |
|---|
| 6574 | | - | submetering technology for charging electric |
|---|
| 6575 | | - | vehicles; |
|---|
| 6576 | | - | (12) Strategies to encourage electric |
|---|
| 6577 | | - | vehicle usage without shifting costs to electric |
|---|
| 6578 | | - | ratepayers who do not own or charge electric |
|---|
| 6579 | | - | vehicles; and |
|---|
| 6580 | | - | (13) Any other issues the task force |
|---|
| 6581 | | - | considers relevant. |
|---|
| 6582 | | - | 3. The department of revenue shall provide |
|---|
| 6583 | | - | such research, clerical, technical, and other |
|---|
| 6584 | | - | services as the task force may require in the |
|---|
| 6585 | | - | performance of its duties. |
|---|
| 6586 | | - | 4. The task force may ho ld public meetings |
|---|
| 6587 | | - | at which it may invite testimony from experts, |
|---|
| 6588 | | - | or it may solicit information from any party it |
|---|
| 6589 | | - | deems may have information relevant to its |
|---|
| 6590 | | - | duties under this section. |
|---|
| 6591 | | - | 5. No later than December 31, 2022, the |
|---|
| 6592 | | - | task force shall prov ide to the general assembly |
|---|
| 6593 | | - | and the governor a written report detailing its |
|---|
| 6594 | | - | findings and recommendations, including |
|---|
| 6595 | | - | identifying any recommendations that may require |
|---|
| 6596 | | - | enabling legislation. |
|---|
| 6597 | | - | 6. Members shall serve on the task force |
|---|
| 6598 | | - | without compensation, but may, at the discretion |
|---|
| 6599 | | - | of the director of the department of revenue, be |
|---|
| 6600 | | - | reimbursed for actual and necessary expenses |
|---|
| 6601 | | - | 179 |
|---|
| 6602 | | - | incurred in the performance of their official |
|---|
| 6603 | | - | duties as members of the task force. |
|---|
| 6604 | | - | 7. The task force shall expire on Dec ember |
|---|
| 6605 | | - | 31, 2022.] |
|---|
| 6606 | | - | [143.173. 1. As used in this section, the |
|---|
| 6607 | | - | following terms mean: |
|---|
| 6608 | | - | (1) "County average wage", the average |
|---|
| 6609 | | - | wages in each county as determined by the |
|---|
| 6610 | | - | department of economic development for the most |
|---|
| 6611 | | - | recently completed full calendar year. However, |
|---|
| 6612 | | - | if the computed county average wage is above the |
|---|
| 6613 | | - | statewide average wage, the statewide average |
|---|
| 6614 | | - | wage shall be deemed the county average wage for |
|---|
| 6615 | | - | such county for the purpose of this section; |
|---|
| 6616 | | - | (2) "Deduction", an amoun t subtracted from |
|---|
| 6617 | | - | the taxpayer's Missouri adjusted gross income to |
|---|
| 6618 | | - | determine Missouri taxable income, or federal |
|---|
| 6619 | | - | taxable income in the case of a corporation, for |
|---|
| 6620 | | - | the tax year in which such deduction is claimed; |
|---|
| 6621 | | - | (3) "Full-time employee", a positio n in |
|---|
| 6622 | | - | which the employee is considered full -time by |
|---|
| 6623 | | - | the taxpayer and is required to work an average |
|---|
| 6624 | | - | of at least thirty-five hours per week for a |
|---|
| 6625 | | - | fifty-two week period; |
|---|
| 6626 | | - | (4) "New job", the number of full -time |
|---|
| 6627 | | - | employees employed by the small busines s in |
|---|
| 6628 | | - | Missouri on the qualifying date that exceeds the |
|---|
| 6629 | | - | number of full-time employees employed by the |
|---|
| 6630 | | - | small business in Missouri on the same date of |
|---|
| 6631 | | - | the immediately preceding taxable year; |
|---|
| 6632 | | - | (5) "Qualifying date", any date during the |
|---|
| 6633 | | - | tax year as chosen by the small business; |
|---|
| 6634 | | - | (6) "Small business", any small business, |
|---|
| 6635 | | - | including any sole proprietorship, partnership, |
|---|
| 6636 | | - | S-corporation, C-corporation, limited liability |
|---|
| 6637 | | - | company, limited liability partnership, or other |
|---|
| 6638 | | - | business entity, consisting of f ewer than fifty |
|---|
| 6639 | | - | full- or part-time employees; |
|---|
| 6640 | | - | (7) "Taxpayer", any small business subject |
|---|
| 6641 | | - | to the income tax imposed in this chapter, |
|---|
| 6642 | | - | including any sole proprietorship, partnership, |
|---|
| 6643 | | - | S-corporation, C-corporation, limited liability |
|---|
| 6644 | | - | company, limited liability partnership, or other |
|---|
| 6645 | | - | business entity. |
|---|
| 6646 | | - | 180 |
|---|
| 6647 | | - | 2. In addition to all deductions listed in |
|---|
| 6648 | | - | this chapter, for all taxable years beginning on |
|---|
| 6649 | | - | or after January 1, 2011, and ending on or |
|---|
| 6650 | | - | before December 31, 2014, a taxpayer shall be |
|---|
| 6651 | | - | allowed a deduction for each new job created by |
|---|
| 6652 | | - | the small business in the taxable year. Tax |
|---|
| 6653 | | - | deductions allowed to any partnership, limited |
|---|
| 6654 | | - | liability company, S -corporation, or other pass - |
|---|
| 6655 | | - | through entity may be allocated to the partners, |
|---|
| 6656 | | - | members, or shareholders of s uch entity for |
|---|
| 6657 | | - | their direct use in accordance with the |
|---|
| 6658 | | - | provisions of any agreement among such partners, |
|---|
| 6659 | | - | members, or shareholders. The deduction amount |
|---|
| 6660 | | - | shall be as follows: |
|---|
| 6661 | | - | (1) Ten thousand dollars for each new job |
|---|
| 6662 | | - | created with an annual salary of at least the |
|---|
| 6663 | | - | county average wage; or |
|---|
| 6664 | | - | (2) Twenty thousand dollars for each new |
|---|
| 6665 | | - | job created with an annual salary of at least |
|---|
| 6666 | | - | the county average wage if the small business |
|---|
| 6667 | | - | offers health insurance and pays at least fifty |
|---|
| 6668 | | - | percent of such insuranc e premiums. |
|---|
| 6669 | | - | 3. The department of revenue shall |
|---|
| 6670 | | - | establish the procedure by which the deduction |
|---|
| 6671 | | - | provided in this section may be claimed, and may |
|---|
| 6672 | | - | promulgate rules to implement the provisions of |
|---|
| 6673 | | - | this section. Any rule or portion of a rule, as |
|---|
| 6674 | | - | that term is defined in section 536.010, that is |
|---|
| 6675 | | - | created under the authority delegated in this |
|---|
| 6676 | | - | section shall become effective only if it |
|---|
| 6677 | | - | complies with and is subject to all of the |
|---|
| 6678 | | - | provisions of chapter 536 and, if applicable, |
|---|
| 6679 | | - | section 536.028. This section and chapter 536 |
|---|
| 6680 | | - | are nonseverable and if any of the powers vested |
|---|
| 6681 | | - | with the general assembly under chapter 536 to |
|---|
| 6682 | | - | review, to delay the effective date, or to |
|---|
| 6683 | | - | disapprove and annul a rule are subsequently |
|---|
| 6684 | | - | held unconstitutional, then the grant of |
|---|
| 6685 | | - | rulemaking authority and any rule proposed or |
|---|
| 6686 | | - | adopted after August 28, 2011, shall be invalid |
|---|
| 6687 | | - | and void. |
|---|
| 6688 | | - | 4. Under section 23.253 of the Missouri |
|---|
| 6689 | | - | sunset act: |
|---|
| 6690 | | - | (1) The provisions of the new program |
|---|
| 6691 | | - | authorized under this section shall |
|---|
| 6692 | | - | automatically sunset on December thirty -first |
|---|
| 6693 | | - | 181 |
|---|
| 6694 | | - | three years after August 28, 2011, unless |
|---|
| 6695 | | - | reauthorized by an act of the general assembly; |
|---|
| 6696 | | - | and |
|---|
| 6697 | | - | (2) If such program is reauthorized, the |
|---|
| 6698 | | - | program authorized under this section shall |
|---|
| 6699 | | - | automatically sunset on December thir ty-first |
|---|
| 6700 | | - | three years after the effective date of the |
|---|
| 6701 | | - | reauthorization of this section; and |
|---|
| 6702 | | - | (3) This section shall terminate on |
|---|
| 6703 | | - | September first of the calendar year immediately |
|---|
| 6704 | | - | following the calendar year in which the program |
|---|
| 6705 | | - | authorized under this section is sunset.] |
|---|
| 6706 | | - | [143.732. 1. Notwithstanding any |
|---|
| 6707 | | - | provision of law to the contrary, no taxpayer |
|---|
| 6708 | | - | who has an individual tax liability under |
|---|
| 6709 | | - | chapter 143 for the tax year beginning January |
|---|
| 6710 | | - | 1, 2018, and ending December 31, 2018, shall be |
|---|
| 6711 | | - | assessed any penalty before December 31, 2019, |
|---|
| 6712 | | - | for a delayed payment or underpayment on such |
|---|
| 6713 | | - | liability, provided that such taxpayer timely |
|---|
| 6714 | | - | files his or her individual income tax return |
|---|
| 6715 | | - | for such tax year and participates, in good |
|---|
| 6716 | | - | faith, in any payment plan authorized by the |
|---|
| 6717 | | - | department of revenue with respect to such |
|---|
| 6718 | | - | liability. Such taxpayer may nonetheless be |
|---|
| 6719 | | - | assessed interest on such liability under the |
|---|
| 6720 | | - | provisions of section 143.731 and any other |
|---|
| 6721 | | - | relevant provision of law, provided that no |
|---|
| 6722 | | - | interest on such liability shall be assessed |
|---|
| 6723 | | - | before May 15, 2019. If such taxpayer paid |
|---|
| 6724 | | - | interest or penalty on such liability under the |
|---|
| 6725 | | - | provisions of section 143.731 and any other |
|---|
| 6726 | | - | relevant provision of law before May 15, 2019, |
|---|
| 6727 | | - | he or she shall be entit led to a refund of such |
|---|
| 6728 | | - | interest or penalty, which shall be due no later |
|---|
| 6729 | | - | than December 31, 2019. |
|---|
| 6730 | | - | 2. The department of revenue is authorized |
|---|
| 6731 | | - | to adopt such rules and regulations as are |
|---|
| 6732 | | - | reasonable and necessary to implement the |
|---|
| 6733 | | - | provisions of this s ection. Any rule or portion |
|---|
| 6734 | | - | of a rule, as that term is defined in section |
|---|
| 6735 | | - | 536.010, that is created under the authority |
|---|
| 6736 | | - | delegated in this section shall become effective |
|---|
| 6737 | | - | only if it complies with and is subject to all |
|---|
| 6738 | | - | of the provisions of chapter 536 an d, if |
|---|
| 6739 | | - | 182 |
|---|
| 6740 | | - | applicable, section 536.028. This section and |
|---|
| 6741 | | - | chapter 536 are nonseverable and if any of the |
|---|
| 6742 | | - | powers vested with the general assembly pursuant |
|---|
| 6743 | | - | to chapter 536 to review, to delay the effective |
|---|
| 6744 | | - | date, or to disapprove and annul a rule are |
|---|
| 6745 | | - | subsequently held unconstitutional, then the |
|---|
| 6746 | | - | grant of rulemaking authority and any rule |
|---|
| 6747 | | - | proposed or adopted after July 11, 2019, shall |
|---|
| 6748 | | - | be invalid and void. |
|---|
| 6749 | | - | 3. Under section 23.253 of the Missouri |
|---|
| 6750 | | - | sunset act: |
|---|
| 6751 | | - | (1) The provisions of the new program |
|---|
| 6752 | | - | authorized under this section shall |
|---|
| 6753 | | - | automatically sunset on December 31, 2019; and |
|---|
| 6754 | | - | (2) This section shall terminate on |
|---|
| 6755 | | - | December thirty-first of the calendar year |
|---|
| 6756 | | - | immediately following the calendar year in which |
|---|
| 6757 | | - | the program authorized under this se ction is |
|---|
| 6758 | | - | sunset.] |
|---|
| 6759 | | - | [143.1008. 1. In each taxable year |
|---|
| 6760 | | - | beginning on or after January 1, 2008, each |
|---|
| 6761 | | - | individual or corporation entitled to a tax |
|---|
| 6762 | | - | refund in an amount sufficient to make a |
|---|
| 6763 | | - | designation under this section may designate |
|---|
| 6764 | | - | that one dollar or any amount in excess of one |
|---|
| 6765 | | - | dollar on a single return, and two dollars or |
|---|
| 6766 | | - | any amount in excess of two dollars on a |
|---|
| 6767 | | - | combined return, of the refund due be credited |
|---|
| 6768 | | - | to the after-school retreat reading and |
|---|
| 6769 | | - | assessment grant program fund. The contribution |
|---|
| 6770 | | - | designation authorized by this section shall be |
|---|
| 6771 | | - | clearly and unambiguously printed on the first |
|---|
| 6772 | | - | page of each income tax return form provided by |
|---|
| 6773 | | - | this state. If any individual or corporation |
|---|
| 6774 | | - | that is not entitled to a tax refund in an |
|---|
| 6775 | | - | amount sufficient to make a designation under |
|---|
| 6776 | | - | this section wishes to make a contribution to |
|---|
| 6777 | | - | the after-school retreat reading and assessment |
|---|
| 6778 | | - | grant program fund, such individual or |
|---|
| 6779 | | - | corporation may, by separate check, draft, or |
|---|
| 6780 | | - | other negotiable instrument, s end in with the |
|---|
| 6781 | | - | payment of taxes, or may send in separately, |
|---|
| 6782 | | - | that amount, clearly designated for the after - |
|---|
| 6783 | | - | school retreat reading and assessment grant |
|---|
| 6784 | | - | program fund, the individual or corporation |
|---|
| 6785 | | - | 183 |
|---|
| 6786 | | - | wishes to contribute. The department of revenue |
|---|
| 6787 | | - | shall deposit such amount to the after -school |
|---|
| 6788 | | - | retreat reading and assessment grant program |
|---|
| 6789 | | - | fund as provided in subsection 2 of this section. |
|---|
| 6790 | | - | 2. The director of revenue shall deposit |
|---|
| 6791 | | - | at least monthly all contributions designated by |
|---|
| 6792 | | - | individuals under thi s section to the state |
|---|
| 6793 | | - | treasurer for deposit to the after -school |
|---|
| 6794 | | - | retreat reading and assessment grant program |
|---|
| 6795 | | - | fund. The fund shall be administered by the |
|---|
| 6796 | | - | department of elementary and secondary education |
|---|
| 6797 | | - | with moneys in the fund distributed as provided |
|---|
| 6798 | | - | under section 167.680. |
|---|
| 6799 | | - | 3. The director of revenue shall deposit |
|---|
| 6800 | | - | at least monthly all contributions designated by |
|---|
| 6801 | | - | the corporations under this section, less an |
|---|
| 6802 | | - | amount sufficient to cover the cost of |
|---|
| 6803 | | - | collection, handling, and administration by the |
|---|
| 6804 | | - | department of revenue during fiscal year 2008, |
|---|
| 6805 | | - | to the after-school retreat reading and |
|---|
| 6806 | | - | assessment grant program fund. |
|---|
| 6807 | | - | 4. A contribution designated under this |
|---|
| 6808 | | - | section shall only be deposited in the after - |
|---|
| 6809 | | - | school retreat reading and assessment gra nt |
|---|
| 6810 | | - | program fund after all other claims against the |
|---|
| 6811 | | - | refund from which such contribution is to be |
|---|
| 6812 | | - | made have been satisfied. |
|---|
| 6813 | | - | 5. Moneys deposited in the after -school |
|---|
| 6814 | | - | retreat reading and assessment grant program |
|---|
| 6815 | | - | fund shall be distributed by the depar tment of |
|---|
| 6816 | | - | elementary and secondary education in accordance |
|---|
| 6817 | | - | with the provisions of this section and section |
|---|
| 6818 | | - | 167.680. |
|---|
| 6819 | | - | 6. The state treasurer shall invest moneys |
|---|
| 6820 | | - | in the fund in the same manner as other funds |
|---|
| 6821 | | - | are invested. Any interest and moneys ea rned on |
|---|
| 6822 | | - | such investments shall be credited to the fund. |
|---|
| 6823 | | - | 7. Pursuant to section 23.253 of the |
|---|
| 6824 | | - | Missouri sunset act: |
|---|
| 6825 | | - | (1) The provisions of the new program |
|---|
| 6826 | | - | authorized under this section shall |
|---|
| 6827 | | - | automatically sunset six years after August 28, |
|---|
| 6828 | | - | 2007, unless reauthorized by an act of the |
|---|
| 6829 | | - | general assembly; and |
|---|
| 6830 | | - | (2) If such program is reauthorized, the |
|---|
| 6831 | | - | program authorized under this section shall |
|---|
| 6832 | | - | 184 |
|---|
| 6833 | | - | automatically sunset twelve years after the |
|---|
| 6834 | | - | effective date of the reauthorization of this |
|---|
| 6835 | | - | section; and |
|---|
| 6836 | | - | (3) This section shall terminate on |
|---|
| 6837 | | - | December thirty-first of the calendar year |
|---|
| 6838 | | - | immediately following the calendar year in which |
|---|
| 6839 | | - | the program authorized under this section is |
|---|
| 6840 | | - | sunset.] |
|---|
| 6841 | | - | [143.1009. 1. In each taxable year |
|---|
| 6842 | | - | beginning on or after January 1, 2008, each |
|---|
| 6843 | | - | individual or corporation entitled to a tax |
|---|
| 6844 | | - | refund in an amount sufficient to make a |
|---|
| 6845 | | - | designation under this section may designate |
|---|
| 6846 | | - | that one dollar or any amount in excess of one |
|---|
| 6847 | | - | dollar on a single return, and two dollars or |
|---|
| 6848 | | - | any amount in excess of two dollars on a |
|---|
| 6849 | | - | combined return, of the refund due be credited |
|---|
| 6850 | | - | to the breast cancer awareness trust fund, |
|---|
| 6851 | | - | hereinafter referred to as the trust fund. If |
|---|
| 6852 | | - | any individual or corporation that is not |
|---|
| 6853 | | - | entitled to a tax refund in an amount sufficient |
|---|
| 6854 | | - | to make a designation under this section wishes |
|---|
| 6855 | | - | to make a contribution to the trust fund, such |
|---|
| 6856 | | - | individual or corporation may, by separate |
|---|
| 6857 | | - | check, draft, or other negotiable instrument, |
|---|
| 6858 | | - | send in with the payment of taxes, or may send |
|---|
| 6859 | | - | in separately, that amount, clearly designated |
|---|
| 6860 | | - | for the breast cancer awareness trust fund, the |
|---|
| 6861 | | - | individual or corporation wishes to contribute. |
|---|
| 6862 | | - | The department of revenue shall deposit such |
|---|
| 6863 | | - | amount to the trust fund as provided in |
|---|
| 6864 | | - | subsections 2 and 3 of this section. All moneys |
|---|
| 6865 | | - | credited to the trust fund shall be considered |
|---|
| 6866 | | - | nonstate funds under the provisions of Article |
|---|
| 6867 | | - | IV, Section 15 of the Missouri Constitution. |
|---|
| 6868 | | - | 2. The director of revenue shall deposit |
|---|
| 6869 | | - | at least monthly all contrib utions designated by |
|---|
| 6870 | | - | individuals under this section to the state |
|---|
| 6871 | | - | treasurer for deposit to the trust fund. |
|---|
| 6872 | | - | 3. The director of revenue shall deposit |
|---|
| 6873 | | - | at least monthly all contributions designated by |
|---|
| 6874 | | - | the corporations under this section, less an |
|---|
| 6875 | | - | amount sufficient to cover the costs of |
|---|
| 6876 | | - | collection and handling by the department of |
|---|
| 6877 | | - | 185 |
|---|
| 6878 | | - | revenue, to the state treasury for deposit to |
|---|
| 6879 | | - | the trust fund. |
|---|
| 6880 | | - | 4. A contribution designated under this |
|---|
| 6881 | | - | section shall only be deposited in the trust |
|---|
| 6882 | | - | fund after all other claims against the refund |
|---|
| 6883 | | - | from which such contribution is to be made have |
|---|
| 6884 | | - | been satisfied. |
|---|
| 6885 | | - | 5. All moneys transferred to the trust |
|---|
| 6886 | | - | fund shall be distributed by the director of |
|---|
| 6887 | | - | revenue at times the director deems appropriate |
|---|
| 6888 | | - | to the department of health and senior |
|---|
| 6889 | | - | services. Such funds shall be used solely for |
|---|
| 6890 | | - | the purpose of providing breast cancer |
|---|
| 6891 | | - | services. Notwithstanding the provisions of |
|---|
| 6892 | | - | section 33.080 to the contrary, moneys in the |
|---|
| 6893 | | - | trust fund at the end of any biennium shall not |
|---|
| 6894 | | - | be transferred to the credit of the general |
|---|
| 6895 | | - | revenue fund. |
|---|
| 6896 | | - | 6. There is hereby created in the state |
|---|
| 6897 | | - | treasury the "Breast Cancer Awareness Trust |
|---|
| 6898 | | - | Fund", which shall consist of money collected |
|---|
| 6899 | | - | under this section. The state treasurer shall |
|---|
| 6900 | | - | be custodian of the fund. In accordance with |
|---|
| 6901 | | - | sections 30.170 and 30.180, the state treasurer |
|---|
| 6902 | | - | may approve disbursements. |
|---|
| 6903 | | - | 7. Under section 23.253 of the Missouri |
|---|
| 6904 | | - | sunset act: |
|---|
| 6905 | | - | (1) The provisions of the new program |
|---|
| 6906 | | - | authorized under this section shall |
|---|
| 6907 | | - | automatically sunset six years after August 28, |
|---|
| 6908 | | - | 2008, unless reauthorized by an act of the |
|---|
| 6909 | | - | general assembly; and |
|---|
| 6910 | | - | (2) If such program is reauthorized, the |
|---|
| 6911 | | - | program authorized under this section shall |
|---|
| 6912 | | - | automatically sunset twelve years after the |
|---|
| 6913 | | - | effective date of the reauthorization of this |
|---|
| 6914 | | - | section; and |
|---|
| 6915 | | - | (3) This section shall terminate on |
|---|
| 6916 | | - | December thirty-first of the calendar year |
|---|
| 6917 | | - | immediately following the calendar year in which |
|---|
| 6918 | | - | the program authorized under this section is |
|---|
| 6919 | | - | sunset.] |
|---|
| 6920 | | - | [143.1013. 1. For all taxable years |
|---|
| 6921 | | - | beginning on or after January 1, 2011, each |
|---|
| 6922 | | - | individual or corporation entitled to a tax |
|---|
| 6923 | | - | 186 |
|---|
| 6924 | | - | refund in an amount sufficient to make a |
|---|
| 6925 | | - | designation under this section may designate |
|---|
| 6926 | | - | that one dollar or any amount in exce ss of one |
|---|
| 6927 | | - | dollar on a single return, and two dollars or |
|---|
| 6928 | | - | any amount in excess of two dollars on a |
|---|
| 6929 | | - | combined return, of the refund due be credited |
|---|
| 6930 | | - | to the American Red Cross trust fund. If any |
|---|
| 6931 | | - | individual or corporation that is not entitled |
|---|
| 6932 | | - | to a tax refund in an amount sufficient to make |
|---|
| 6933 | | - | a designation under this section wishes to make |
|---|
| 6934 | | - | a contribution to the fund, such individual or |
|---|
| 6935 | | - | corporation may, by separate check, draft, or |
|---|
| 6936 | | - | other negotiable instrument, send in with the |
|---|
| 6937 | | - | payment of taxes, or may send in separately, |
|---|
| 6938 | | - | that amount the individual or corporation wishes |
|---|
| 6939 | | - | to contribute. Such amounts shall be clearly |
|---|
| 6940 | | - | designated for the fund. |
|---|
| 6941 | | - | 2. There is hereby created in the state |
|---|
| 6942 | | - | treasury the "American Red Cross Trust Fund", |
|---|
| 6943 | | - | which shall consist of money collected under |
|---|
| 6944 | | - | this section. The state treasurer shall be |
|---|
| 6945 | | - | custodian of the fund. In accordance with |
|---|
| 6946 | | - | sections 30.170 and 30.180, the state treasurer |
|---|
| 6947 | | - | may approve disbursements. The fund shall be a |
|---|
| 6948 | | - | dedicated fund and, upon appropriation, money in |
|---|
| 6949 | | - | the fund shall be used solely for the |
|---|
| 6950 | | - | administration of this section. Notwithstanding |
|---|
| 6951 | | - | the provisions of section 33.080 to the |
|---|
| 6952 | | - | contrary, any moneys remaining in the fund at |
|---|
| 6953 | | - | the end of the biennium shall not revert to the |
|---|
| 6954 | | - | credit of the general reve nue fund. The state |
|---|
| 6955 | | - | treasurer shall invest moneys in the fund in the |
|---|
| 6956 | | - | same manner as other funds are invested. Any |
|---|
| 6957 | | - | interest and moneys earned on such investments |
|---|
| 6958 | | - | shall be credited to the fund. All moneys |
|---|
| 6959 | | - | credited to the trust fund shall be considere d |
|---|
| 6960 | | - | nonstate funds under Section 15, Article IV, |
|---|
| 6961 | | - | Constitution of Missouri. The treasurer shall |
|---|
| 6962 | | - | distribute all moneys deposited in the fund at |
|---|
| 6963 | | - | times the treasurer deems appropriate to the |
|---|
| 6964 | | - | American Red Cross. |
|---|
| 6965 | | - | 3. The director of revenue shall deposi t |
|---|
| 6966 | | - | at least monthly all contributions designated by |
|---|
| 6967 | | - | individuals under this section to the state |
|---|
| 6968 | | - | treasurer for deposit to the fund. The director |
|---|
| 6969 | | - | of revenue shall deposit at least monthly all |
|---|
| 6970 | | - | 187 |
|---|
| 6971 | | - | contributions designated by the corporations |
|---|
| 6972 | | - | under this section, less an amount sufficient to |
|---|
| 6973 | | - | cover the costs of collection and handling by |
|---|
| 6974 | | - | the department of revenue, to the state treasury |
|---|
| 6975 | | - | for deposit to the fund. A contribution |
|---|
| 6976 | | - | designated under this section shall only be |
|---|
| 6977 | | - | deposited in the fund after all other claims |
|---|
| 6978 | | - | against the refund from which such contribution |
|---|
| 6979 | | - | is to be made have been satisfied. |
|---|
| 6980 | | - | 4. Under section 23.253 of the Missouri |
|---|
| 6981 | | - | sunset act: |
|---|
| 6982 | | - | (1) The provisions of the new program |
|---|
| 6983 | | - | authorized under this section shall |
|---|
| 6984 | | - | automatically sunset o n December thirty-first |
|---|
| 6985 | | - | six years after August 28, 2011, unless |
|---|
| 6986 | | - | reauthorized by an act of the general assembly; |
|---|
| 6987 | | - | and |
|---|
| 6988 | | - | (2) If such program is reauthorized, the |
|---|
| 6989 | | - | program authorized under this section shall |
|---|
| 6990 | | - | automatically sunset on December thirty -first |
|---|
| 6991 | | - | twelve years after the effective date of the |
|---|
| 6992 | | - | reauthorization of this section; and |
|---|
| 6993 | | - | (3) This section shall terminate on |
|---|
| 6994 | | - | September first of the calendar year immediately |
|---|
| 6995 | | - | following the calendar year in which the program |
|---|
| 6996 | | - | authorized under this secti on is sunset.] |
|---|
| 6997 | | - | [143.1014. 1. For all taxable years |
|---|
| 6998 | | - | beginning on or after January 1, 2011, each |
|---|
| 6999 | | - | individual or corporation entitled to a tax |
|---|
| 7000 | | - | refund in an amount sufficient to make a |
|---|
| 7001 | | - | designation under this section may designate |
|---|
| 7002 | | - | that one dollar or any amount in excess of one |
|---|
| 7003 | | - | dollar on a single return, and two dollars or |
|---|
| 7004 | | - | any amount in excess of two dollars on a |
|---|
| 7005 | | - | combined return, of the refund due be credited |
|---|
| 7006 | | - | to the puppy protection trust fund. If any |
|---|
| 7007 | | - | individual or corporation that is not entitled |
|---|
| 7008 | | - | to a tax refund in an amount sufficient to make |
|---|
| 7009 | | - | a designation under this section wishes to make |
|---|
| 7010 | | - | a contribution to the fund, such individual or |
|---|
| 7011 | | - | corporation may, by separate check, draft, or |
|---|
| 7012 | | - | other negotiable instrument, send in with the |
|---|
| 7013 | | - | payment of taxes, or may send in separately, |
|---|
| 7014 | | - | that amount the individual or corporation wishes |
|---|
| 7015 | | - | 188 |
|---|
| 7016 | | - | to contribute. Such amounts shall be clearly |
|---|
| 7017 | | - | designated for the fund. |
|---|
| 7018 | | - | 2. There is hereby created in the state |
|---|
| 7019 | | - | treasury the "Puppy Protection Trust Fund", |
|---|
| 7020 | | - | which shall consist of money collected under |
|---|
| 7021 | | - | this section. The state treasurer shall be |
|---|
| 7022 | | - | custodian of the fund. In accordance with |
|---|
| 7023 | | - | sections 30.170 and 30.180, the state treasurer |
|---|
| 7024 | | - | may approve disbursements. The fund shall be a |
|---|
| 7025 | | - | dedicated fund and, u pon appropriation, money in |
|---|
| 7026 | | - | the fund shall be used solely for the state |
|---|
| 7027 | | - | department of agriculture's administration of |
|---|
| 7028 | | - | section 273.345. Notwithstanding the provisions |
|---|
| 7029 | | - | of section 33.080 to the contrary, any moneys |
|---|
| 7030 | | - | remaining in the fund at the end of th e biennium |
|---|
| 7031 | | - | shall not revert to the credit of the general |
|---|
| 7032 | | - | revenue fund. The state treasurer shall invest |
|---|
| 7033 | | - | moneys in the fund in the same manner as other |
|---|
| 7034 | | - | funds are invested. Any interest and moneys |
|---|
| 7035 | | - | earned on such investments shall be credited to |
|---|
| 7036 | | - | the fund. All moneys credited to the trust fund |
|---|
| 7037 | | - | shall be considered nonstate funds under Section |
|---|
| 7038 | | - | 15, Article IV, Constitution of Missouri. The |
|---|
| 7039 | | - | treasurer shall distribute all moneys deposited |
|---|
| 7040 | | - | in the fund at times the treasurer deems |
|---|
| 7041 | | - | appropriate to the dep artment of agriculture. |
|---|
| 7042 | | - | 3. The director of revenue shall deposit |
|---|
| 7043 | | - | at least monthly all contributions designated by |
|---|
| 7044 | | - | individuals under this section to the state |
|---|
| 7045 | | - | treasurer for deposit to the fund. The director |
|---|
| 7046 | | - | of revenue shall deposit at least month ly all |
|---|
| 7047 | | - | contributions designated by the corporations |
|---|
| 7048 | | - | under this section, less an amount sufficient to |
|---|
| 7049 | | - | cover the costs of collection and handling by |
|---|
| 7050 | | - | the department of revenue, to the state treasury |
|---|
| 7051 | | - | for deposit to the fund. A contribution |
|---|
| 7052 | | - | designated under this section shall only be |
|---|
| 7053 | | - | deposited in the fund after all other claims |
|---|
| 7054 | | - | against the refund from which such contribution |
|---|
| 7055 | | - | is to be made have been satisfied. |
|---|
| 7056 | | - | 4. Under section 23.253 of the Missouri |
|---|
| 7057 | | - | sunset act: |
|---|
| 7058 | | - | (1) The provisions of the new program |
|---|
| 7059 | | - | authorized under this section shall |
|---|
| 7060 | | - | automatically sunset on December thirty -first |
|---|
| 7061 | | - | six years after August 28, 2011, unless |
|---|
| 7062 | | - | 189 |
|---|
| 7063 | | - | reauthorized by an act of the general assembly; |
|---|
| 7064 | | - | and |
|---|
| 7065 | | - | (2) If such program is reauthorized, the |
|---|
| 7066 | | - | program authorized u nder this section shall |
|---|
| 7067 | | - | automatically sunset on December thirty -first |
|---|
| 7068 | | - | twelve years after the effective date of the |
|---|
| 7069 | | - | reauthorization of this section; and |
|---|
| 7070 | | - | (3) This section shall terminate on |
|---|
| 7071 | | - | September first of the calendar year immediately |
|---|
| 7072 | | - | following the calendar year in which the program |
|---|
| 7073 | | - | authorized under this section is sunset. ] |
|---|
| 7074 | | - | [143.1017. 1. For all taxable years |
|---|
| 7075 | | - | beginning on or after January 1, 2011, each |
|---|
| 7076 | | - | individual or corporation entitled to a tax |
|---|
| 7077 | | - | refund in an amount suffici ent to make a |
|---|
| 7078 | | - | designation under this section may designate |
|---|
| 7079 | | - | that one dollar or any amount in excess of one |
|---|
| 7080 | | - | dollar on a single return, and two dollars or |
|---|
| 7081 | | - | any amount in excess of two dollars on a |
|---|
| 7082 | | - | combined return, of the refund due be credited |
|---|
| 7083 | | - | to the developmental disabilities waiting list |
|---|
| 7084 | | - | equity trust fund. If any individual or |
|---|
| 7085 | | - | corporation that is not entitled to a tax refund |
|---|
| 7086 | | - | in an amount sufficient to make a designation |
|---|
| 7087 | | - | under this section wishes to make a contribution |
|---|
| 7088 | | - | to the fund, such individual or corporation may, |
|---|
| 7089 | | - | by separate check, draft, or other negotiable |
|---|
| 7090 | | - | instrument, send in with the payment of taxes, |
|---|
| 7091 | | - | or may send in separately, that amount the |
|---|
| 7092 | | - | individual or corporation wishes to contribute. |
|---|
| 7093 | | - | Such amounts shall be clearly designated for t he |
|---|
| 7094 | | - | fund. |
|---|
| 7095 | | - | 2. There is hereby created in the state |
|---|
| 7096 | | - | treasury the "Developmental Disabilities Waiting |
|---|
| 7097 | | - | List Equity Trust Fund", which shall consist of |
|---|
| 7098 | | - | money collected under this section. The state |
|---|
| 7099 | | - | treasurer shall be custodian of the fund. In |
|---|
| 7100 | | - | accordance with sections 30.170 and 30.180, the |
|---|
| 7101 | | - | state treasurer may approve disbursements. The |
|---|
| 7102 | | - | fund shall be a dedicated fund and, upon |
|---|
| 7103 | | - | appropriation, money in the fund shall be used |
|---|
| 7104 | | - | solely for the administration of this section |
|---|
| 7105 | | - | and for providing communit y services and support |
|---|
| 7106 | | - | to people with developmental disabilities and |
|---|
| 7107 | | - | such person's families who are on the |
|---|
| 7108 | | - | 190 |
|---|
| 7109 | | - | developmental disabilities waiting list and are |
|---|
| 7110 | | - | eligible for but not receiving services. |
|---|
| 7111 | | - | Notwithstanding the provisions of section 33.080 |
|---|
| 7112 | | - | to the contrary, any moneys remaining in the |
|---|
| 7113 | | - | fund at the end of the biennium shall not revert |
|---|
| 7114 | | - | to the credit of the general revenue fund. The |
|---|
| 7115 | | - | state treasurer shall invest moneys in the fund |
|---|
| 7116 | | - | in the same manner as other funds are invested. |
|---|
| 7117 | | - | Any interest and moneys earned on such |
|---|
| 7118 | | - | investments shall be credited to the fund. All |
|---|
| 7119 | | - | moneys credited to the trust fund shall be |
|---|
| 7120 | | - | considered nonstate funds under Section 15, |
|---|
| 7121 | | - | Article IV, Constitution of Missouri. The |
|---|
| 7122 | | - | treasurer shall distribute all moneys deposited |
|---|
| 7123 | | - | in the fund at times the treasurer deems |
|---|
| 7124 | | - | appropriate to the department of mental health. |
|---|
| 7125 | | - | The moneys in the developmental disabilities |
|---|
| 7126 | | - | waiting list equity trust fund established in |
|---|
| 7127 | | - | this subsection shall not be appropriated in |
|---|
| 7128 | | - | lieu of general state reve nues. |
|---|
| 7129 | | - | 3. The director of revenue shall deposit |
|---|
| 7130 | | - | at least monthly all contributions designated by |
|---|
| 7131 | | - | individuals under this section to the state |
|---|
| 7132 | | - | treasurer for deposit to the fund. The director |
|---|
| 7133 | | - | of revenue shall deposit at least monthly all |
|---|
| 7134 | | - | contributions designated by the corporations |
|---|
| 7135 | | - | under this section, less an amount sufficient to |
|---|
| 7136 | | - | cover the costs of collection and handling by |
|---|
| 7137 | | - | the department of revenue, to the state treasury |
|---|
| 7138 | | - | for deposit to the fund. A contribution |
|---|
| 7139 | | - | designated under this section s hall only be |
|---|
| 7140 | | - | deposited in the fund after all other claims |
|---|
| 7141 | | - | against the refund from which such contribution |
|---|
| 7142 | | - | is to be made have been satisfied. |
|---|
| 7143 | | - | 4. Under section 23.253 of the Missouri |
|---|
| 7144 | | - | sunset act: |
|---|
| 7145 | | - | (1) The provisions of the new program |
|---|
| 7146 | | - | authorized under this section shall |
|---|
| 7147 | | - | automatically sunset on December thirty -first |
|---|
| 7148 | | - | six years after August 28, 2011, unless |
|---|
| 7149 | | - | reauthorized by an act of the general assembly; |
|---|
| 7150 | | - | and |
|---|
| 7151 | | - | (2) If such program is reauthorized, the |
|---|
| 7152 | | - | program authorized under this section shall |
|---|
| 7153 | | - | automatically sunset on December thirty -first |
|---|
| 7154 | | - | 191 |
|---|
| 7155 | | - | twelve years after the effective date of the |
|---|
| 7156 | | - | reauthorization of this section; and |
|---|
| 7157 | | - | (3) This section shall terminate on |
|---|
| 7158 | | - | September first of the calendar year immediately |
|---|
| 7159 | | - | following the calendar yea r in which the program |
|---|
| 7160 | | - | authorized under this section is sunset. ] |
|---|
| 7161 | | - | [143.1027. 1. For all taxable years |
|---|
| 7162 | | - | beginning on or after January 1, 2014, each |
|---|
| 7163 | | - | individual or corporation entitled to a tax |
|---|
| 7164 | | - | refund in an amount sufficient to make a |
|---|
| 7165 | | - | designation under this section may designate |
|---|
| 7166 | | - | that one dollar or any amount in excess of one |
|---|
| 7167 | | - | dollar on a single return, and two dollars or |
|---|
| 7168 | | - | any amount in excess of two dollars on a |
|---|
| 7169 | | - | combined return, of the refund due be credited |
|---|
| 7170 | | - | to the Missouri National Gua rd Foundation fund. |
|---|
| 7171 | | - | If any individual or corporation that is not |
|---|
| 7172 | | - | entitled to a tax refund in an amount sufficient |
|---|
| 7173 | | - | to make a designation under this section wishes |
|---|
| 7174 | | - | to make a contribution to the fund, such |
|---|
| 7175 | | - | individual or corporation may, by separate |
|---|
| 7176 | | - | check, draft, or other negotiable instrument, |
|---|
| 7177 | | - | send in with the payment of taxes, or may send |
|---|
| 7178 | | - | in separately, that amount the individual or |
|---|
| 7179 | | - | corporation wishes to contribute. Such amounts |
|---|
| 7180 | | - | shall be clearly designated for the fund. |
|---|
| 7181 | | - | 2. There is hereby created in the state |
|---|
| 7182 | | - | treasury the "Missouri National Guard Foundation |
|---|
| 7183 | | - | Fund", which shall consist of money collected |
|---|
| 7184 | | - | under this section. The state treasurer shall |
|---|
| 7185 | | - | be custodian of the fund. In accordance with |
|---|
| 7186 | | - | sections 30.170 and 30.180, the state treasu rer |
|---|
| 7187 | | - | may approve disbursements. The fund shall be a |
|---|
| 7188 | | - | dedicated fund and, upon appropriation, money in |
|---|
| 7189 | | - | the fund shall be used solely for the |
|---|
| 7190 | | - | administration of this section. Notwithstanding |
|---|
| 7191 | | - | the provisions of section 33.080 to the |
|---|
| 7192 | | - | contrary, any moneys r emaining in the fund at |
|---|
| 7193 | | - | the end of the biennium shall not revert to the |
|---|
| 7194 | | - | credit of the general revenue fund. The state |
|---|
| 7195 | | - | treasurer shall invest moneys in the fund in the |
|---|
| 7196 | | - | same manner as other funds are invested. Any |
|---|
| 7197 | | - | interest and moneys earned on such in vestments |
|---|
| 7198 | | - | shall be credited to the fund. The treasurer |
|---|
| 7199 | | - | shall distribute all moneys deposited in the |
|---|
| 7200 | | - | 192 |
|---|
| 7201 | | - | fund at least monthly to the Missouri National |
|---|
| 7202 | | - | Guard Foundation. |
|---|
| 7203 | | - | 3. The director of revenue shall deposit |
|---|
| 7204 | | - | at least monthly all contributions des ignated by |
|---|
| 7205 | | - | individuals under this section to the state |
|---|
| 7206 | | - | treasurer for deposit to the fund. The director |
|---|
| 7207 | | - | of revenue shall deposit at least monthly all |
|---|
| 7208 | | - | contributions designated by the corporations |
|---|
| 7209 | | - | under this section, less an amount sufficient to |
|---|
| 7210 | | - | cover the costs of collection and handling by |
|---|
| 7211 | | - | the department of revenue, to the state treasury |
|---|
| 7212 | | - | for deposit to the fund. A contribution |
|---|
| 7213 | | - | designated under this section shall only be |
|---|
| 7214 | | - | deposited in the fund after all other claims |
|---|
| 7215 | | - | against the refund from which su ch contribution |
|---|
| 7216 | | - | is to be made have been satisfied. |
|---|
| 7217 | | - | 4. Under section 23.253 of the Missouri |
|---|
| 7218 | | - | sunset act: |
|---|
| 7219 | | - | (1) The provisions of the new program |
|---|
| 7220 | | - | authorized under this section shall |
|---|
| 7221 | | - | automatically sunset on December thirty -first |
|---|
| 7222 | | - | six years after August 28, 2014, unless |
|---|
| 7223 | | - | reauthorized by an act of the general assembly; |
|---|
| 7224 | | - | and |
|---|
| 7225 | | - | (2) If such program is reauthorized, the |
|---|
| 7226 | | - | program authorized under this section shall |
|---|
| 7227 | | - | automatically sunset on December thirty -first |
|---|
| 7228 | | - | twelve years after the effective date of the |
|---|
| 7229 | | - | reauthorization of this section; and |
|---|
| 7230 | | - | (3) This section shall terminate on |
|---|
| 7231 | | - | September first of the calendar year immediately |
|---|
| 7232 | | - | following the calendar year in which the program |
|---|
| 7233 | | - | authorized under this section is sunset. ] |
|---|
| 7234 | | - | [143.1100. 1. This section shall be known |
|---|
| 7235 | | - | and may be cited as the "Bring Jobs Home Act". |
|---|
| 7236 | | - | 2. As used in this section, the following |
|---|
| 7237 | | - | terms shall mean: |
|---|
| 7238 | | - | (1) "Business unit": |
|---|
| 7239 | | - | (a) Any trade or business; and |
|---|
| 7240 | | - | (b) Any line of business or function unit |
|---|
| 7241 | | - | which is part of any trade or business; |
|---|
| 7242 | | - | (2) "Deduction": |
|---|
| 7243 | | - | (a) For individuals, an amount subtracted |
|---|
| 7244 | | - | from the taxpayer's Missouri adjusted gross |
|---|
| 7245 | | - | income to determine Missouri taxable income for |
|---|
| 7246 | | - | 193 |
|---|
| 7247 | | - | the tax year in which such deduction is clai med; |
|---|
| 7248 | | - | and |
|---|
| 7249 | | - | (b) For corporations, an amount subtracted |
|---|
| 7250 | | - | from the taxpayer's federal taxable income to |
|---|
| 7251 | | - | determine Missouri taxable income for the tax |
|---|
| 7252 | | - | year in which such deduction is claimed; |
|---|
| 7253 | | - | (3) "Department", the department of |
|---|
| 7254 | | - | economic development; |
|---|
| 7255 | | - | (4) "Eligible expenses": |
|---|
| 7256 | | - | (a) Any amount for which a deduction is |
|---|
| 7257 | | - | allowed to the taxpayer under Section 162 of the |
|---|
| 7258 | | - | Internal Revenue Code of 1986, as amended; and |
|---|
| 7259 | | - | (b) Permit and license fees, lease |
|---|
| 7260 | | - | brokerage fees, equipment installat ion costs, |
|---|
| 7261 | | - | and other similar expenses; |
|---|
| 7262 | | - | (5) "Eligible insourcing expenses": |
|---|
| 7263 | | - | (a) Eligible expenses paid or incurred by |
|---|
| 7264 | | - | the taxpayer in connection with the elimination |
|---|
| 7265 | | - | of any business unit of the taxpayer or of any |
|---|
| 7266 | | - | member of any expanded affil iated group in which |
|---|
| 7267 | | - | the taxpayer is also a member located outside |
|---|
| 7268 | | - | the state of Missouri; and |
|---|
| 7269 | | - | (b) Eligible expenses paid or incurred by |
|---|
| 7270 | | - | the taxpayer in connection with the |
|---|
| 7271 | | - | establishment of any business unit of the |
|---|
| 7272 | | - | taxpayer or of any member of an y expanded |
|---|
| 7273 | | - | affiliated group in which the taxpayer is also a |
|---|
| 7274 | | - | member located within the state of Missouri if |
|---|
| 7275 | | - | such establishment constitutes the relocation of |
|---|
| 7276 | | - | the business unit so eliminated. |
|---|
| 7277 | | - | For purposes of this subdivision, expenses shall |
|---|
| 7278 | | - | be eligible if such elimination of the business |
|---|
| 7279 | | - | unit in another state or country occurs in a |
|---|
| 7280 | | - | different taxable year from the establishment of |
|---|
| 7281 | | - | the business unit in Missouri; |
|---|
| 7282 | | - | (6) "Expanded affiliated group", an |
|---|
| 7283 | | - | affiliated group as defined under Section |
|---|
| 7284 | | - | 1504(a) of the Internal Revenue Code of 1986, as |
|---|
| 7285 | | - | amended, except to be determined without regard |
|---|
| 7286 | | - | to Section 1504(b)(3) of the Internal Revenue |
|---|
| 7287 | | - | Code of 1986, as amended, and determined by |
|---|
| 7288 | | - | substituting "at least eighty percent" with |
|---|
| 7289 | | - | "more than fifty percent" e ach place the phrase |
|---|
| 7290 | | - | appears under Section 1504(a) of the Internal |
|---|
| 7291 | | - | Revenue Code of 1986, as amended. A partnership |
|---|
| 7292 | | - | or any other entity other than a corporation |
|---|
| 7293 | | - | 194 |
|---|
| 7294 | | - | shall be treated as a member of an expanded |
|---|
| 7295 | | - | affiliated group if such entity is controlled by |
|---|
| 7296 | | - | members of such group including any entity |
|---|
| 7297 | | - | treated as a member of such group by reason of |
|---|
| 7298 | | - | this subdivision; |
|---|
| 7299 | | - | (7) "Full-time equivalent employee", a |
|---|
| 7300 | | - | number of employees equal to the number |
|---|
| 7301 | | - | determined by dividing the total number of hours |
|---|
| 7302 | | - | of service for which wages were paid by the |
|---|
| 7303 | | - | employer to employees during the taxable year, |
|---|
| 7304 | | - | by two thousand eighty; |
|---|
| 7305 | | - | (8) "Insourcing plan", a written plan to |
|---|
| 7306 | | - | carry out the establishment of a business unit |
|---|
| 7307 | | - | in Missouri; |
|---|
| 7308 | | - | (9) "Taxpayer", any individua l, firm, |
|---|
| 7309 | | - | partner in a firm, corporation, partnership, |
|---|
| 7310 | | - | shareholder in an S corporation, or member of a |
|---|
| 7311 | | - | limited liability company subject to the income |
|---|
| 7312 | | - | tax imposed under this chapter, excluding |
|---|
| 7313 | | - | withholding tax imposed under sections 143.191 |
|---|
| 7314 | | - | to 143.265. |
|---|
| 7315 | | - | 3. For all taxable years beginning on or |
|---|
| 7316 | | - | after January 1, 2016, a taxpayer shall be |
|---|
| 7317 | | - | allowed a deduction equal to fifty percent of |
|---|
| 7318 | | - | the taxpayer's eligible insourcing expenses in |
|---|
| 7319 | | - | the taxable year chosen under subsection 5 of |
|---|
| 7320 | | - | this section. The amount of the deduction |
|---|
| 7321 | | - | claimed shall not exceed the amount of: |
|---|
| 7322 | | - | (1) For individuals, the taxpayer's |
|---|
| 7323 | | - | Missouri adjusted gross income for the taxable |
|---|
| 7324 | | - | year the deduction is claimed; and |
|---|
| 7325 | | - | (2) For corporations, the taxpayer's |
|---|
| 7326 | | - | Missouri taxable income for the taxable year the |
|---|
| 7327 | | - | deduction is claimed. |
|---|
| 7328 | | - | However, any amount of the deduction that cannot |
|---|
| 7329 | | - | be claimed in the taxable year may be carried |
|---|
| 7330 | | - | over to the next five succeeding taxable years |
|---|
| 7331 | | - | until the full deduction has been claimed. |
|---|
| 7332 | | - | 4. No deduction shall be allowed under |
|---|
| 7333 | | - | this section until the department determines |
|---|
| 7334 | | - | that the number of full -time equivalent |
|---|
| 7335 | | - | employees of the taxpayer in the taxable year |
|---|
| 7336 | | - | the deduction is claimed exceeds the number of |
|---|
| 7337 | | - | full-time equivalent employees of the taxpayer |
|---|
| 7338 | | - | in the taxable year prior to the taxpayer |
|---|
| 7339 | | - | incurring any eligible insourcing expenses. |
|---|
| 7340 | | - | 195 |
|---|
| 7341 | | - | 5. Only eligible insourcing expenses that |
|---|
| 7342 | | - | occur in the taxable year such expenses are paid |
|---|
| 7343 | | - | or incurred and: |
|---|
| 7344 | | - | (1) The taxpayer's insourcing plan is |
|---|
| 7345 | | - | completed; or |
|---|
| 7346 | | - | (2) The first taxable year after the |
|---|
| 7347 | | - | taxpayer's insourcing plan is completed; |
|---|
| 7348 | | - | shall be used to calculate the deduction allowed |
|---|
| 7349 | | - | under this section. |
|---|
| 7350 | | - | 6. Notwithstanding any other provision of |
|---|
| 7351 | | - | law to the contrary, no deduction shall be |
|---|
| 7352 | | - | allowed for any expenses incurred due to |
|---|
| 7353 | | - | dissolving a business unit in Missouri and |
|---|
| 7354 | | - | relocating such business unit to another state. |
|---|
| 7355 | | - | 7. The total amount of deductions |
|---|
| 7356 | | - | authorized under this section shall not exceed |
|---|
| 7357 | | - | five million dollars in any taxabl e year. In |
|---|
| 7358 | | - | the event that more than five million dollars in |
|---|
| 7359 | | - | deductions are claimed in a taxable year, |
|---|
| 7360 | | - | deductions shall be issued on a first -come, |
|---|
| 7361 | | - | first-served filing basis. |
|---|
| 7362 | | - | 8. A taxpayer who receives a deduction |
|---|
| 7363 | | - | under the provisions of this sec tion shall be |
|---|
| 7364 | | - | ineligible to receive incentives under the |
|---|
| 7365 | | - | provisions of any other state tax deduction |
|---|
| 7366 | | - | program for the same expenses incurred. |
|---|
| 7367 | | - | 9. Any taxpayer allowed a deduction under |
|---|
| 7368 | | - | this section who, within ten years of receiving |
|---|
| 7369 | | - | such deduction, eliminates the business unit for |
|---|
| 7370 | | - | which the deduction was allowed shall repay the |
|---|
| 7371 | | - | amount of tax savings realized from the |
|---|
| 7372 | | - | deduction to the state, prorated by the number |
|---|
| 7373 | | - | of years the business unit was in this state. |
|---|
| 7374 | | - | 10. The department of economic development |
|---|
| 7375 | | - | and the department of revenue shall promulgate |
|---|
| 7376 | | - | rules to implement the provisions of this |
|---|
| 7377 | | - | section. Any rule or portion of a rule, as that |
|---|
| 7378 | | - | term is defined in section 536.010, that is |
|---|
| 7379 | | - | created under the authority delegated in this |
|---|
| 7380 | | - | section shall become effective only if it |
|---|
| 7381 | | - | complies with and is subject to all of the |
|---|
| 7382 | | - | provisions of chapter 536 and, if applicable, |
|---|
| 7383 | | - | section 536.028. This section and chapter 536 |
|---|
| 7384 | | - | are nonseverable and if any of the powers vested |
|---|
| 7385 | | - | with the general assembly pursuan t to chapter |
|---|
| 7386 | | - | 536 to review, to delay the effective date, or |
|---|
| 7387 | | - | 196 |
|---|
| 7388 | | - | to disapprove and annul a rule are subsequently |
|---|
| 7389 | | - | held unconstitutional, then the grant of |
|---|
| 7390 | | - | rulemaking authority and any rule proposed or |
|---|
| 7391 | | - | adopted after August 28, 2016, shall be invalid |
|---|
| 7392 | | - | and void. |
|---|
| 7393 | | - | 11. Under section 23.253: |
|---|
| 7394 | | - | (1) The provisions of the new program |
|---|
| 7395 | | - | authorized under this section shall |
|---|
| 7396 | | - | automatically sunset six years after August 28, |
|---|
| 7397 | | - | 2016, unless reauthorized by an act of the |
|---|
| 7398 | | - | general assembly; and |
|---|
| 7399 | | - | (2) If such program is reauthorized, the |
|---|
| 7400 | | - | program authorized under this section shall |
|---|
| 7401 | | - | automatically sunset twelve years after the |
|---|
| 7402 | | - | effective date of the reauthorization of this |
|---|
| 7403 | | - | section; and |
|---|
| 7404 | | - | (3) This section shall terminate on |
|---|
| 7405 | | - | September first of the calendar year im mediately |
|---|
| 7406 | | - | following the calendar year in which the program |
|---|
| 7407 | | - | authorized under this section is sunset. ] |
|---|
| 7408 | | - | [161.825. 1. This section shall be known |
|---|
| 7409 | | - | and may be cited as "Bryce's Law". |
|---|
| 7410 | | - | 2. As used in this section, the following |
|---|
| 7411 | | - | terms mean: |
|---|
| 7412 | | - | (1) "Autism spectrum disorder", pervasive |
|---|
| 7413 | | - | developmental disorder; Asperger syndrome; |
|---|
| 7414 | | - | childhood disintegrative disorder; Rett |
|---|
| 7415 | | - | syndrome; and autism; |
|---|
| 7416 | | - | (2) "Contribution", a donation of cash, |
|---|
| 7417 | | - | stock, bonds, or other marketable securities, or |
|---|
| 7418 | | - | real property; |
|---|
| 7419 | | - | (3) "Department", the department of |
|---|
| 7420 | | - | elementary and secondary education; |
|---|
| 7421 | | - | (4) "Director", the commissioner of |
|---|
| 7422 | | - | education; |
|---|
| 7423 | | - | (5) "Dyslexia therapy", an appropriate |
|---|
| 7424 | | - | specialized dyslexia instructional program that |
|---|
| 7425 | | - | is systematic, multisensory, and research -based |
|---|
| 7426 | | - | offered in a small group setting to teach |
|---|
| 7427 | | - | students the components of reading instruction |
|---|
| 7428 | | - | including but not limited to phonemic awareness, |
|---|
| 7429 | | - | graphophonemic knowledge, morphology, semantics, |
|---|
| 7430 | | - | syntax, and pragmatics, instr uction on |
|---|
| 7431 | | - | linguistic proficiency and fluency with patterns |
|---|
| 7432 | | - | of language so that words and sentences are |
|---|
| 7433 | | - | 197 |
|---|
| 7434 | | - | carriers of meaning, and strategies that |
|---|
| 7435 | | - | students use for decoding, encoding, word |
|---|
| 7436 | | - | recognition, fluency and comprehension delivered |
|---|
| 7437 | | - | by qualified personnel; |
|---|
| 7438 | | - | (6) "Educational scholarships", grants to |
|---|
| 7439 | | - | students or children to cover all or part of the |
|---|
| 7440 | | - | tuition and fees at a qualified nonpublic |
|---|
| 7441 | | - | school, a qualified public school, or a |
|---|
| 7442 | | - | qualified service provider, including |
|---|
| 7443 | | - | transportation; |
|---|
| 7444 | | - | (7) "Eligible child", any child from birth |
|---|
| 7445 | | - | to age five living in Missouri who has an |
|---|
| 7446 | | - | individualized family services program under the |
|---|
| 7447 | | - | first steps program, sections 160.900 to |
|---|
| 7448 | | - | 160.933, and whose parent or guardian has |
|---|
| 7449 | | - | completed the complaint procedure und er the |
|---|
| 7450 | | - | Individuals with Disabilities Education Act, |
|---|
| 7451 | | - | Part C, and has received an unsatisfactory |
|---|
| 7452 | | - | response; or any child from birth to age five |
|---|
| 7453 | | - | who has been evaluated for qualifying needs as |
|---|
| 7454 | | - | defined in this section by a person qualified to |
|---|
| 7455 | | - | perform evaluations under the first steps |
|---|
| 7456 | | - | program and has been determined to have a |
|---|
| 7457 | | - | qualifying need but who falls below the |
|---|
| 7458 | | - | threshold for eligibility by no less than twenty - |
|---|
| 7459 | | - | five percent; |
|---|
| 7460 | | - | (8) "Eligible student", any elementary or |
|---|
| 7461 | | - | secondary student who attende d public school in |
|---|
| 7462 | | - | Missouri the preceding semester, or who will be |
|---|
| 7463 | | - | attending school in Missouri for the first time, |
|---|
| 7464 | | - | who has an individualized education program |
|---|
| 7465 | | - | based on a qualifying needs condition or who has |
|---|
| 7466 | | - | a medical or clinical diagnosis by a quali fied |
|---|
| 7467 | | - | health professional of a qualifying needs |
|---|
| 7468 | | - | condition which in the case of dyslexia, may be |
|---|
| 7469 | | - | based on the C-TOPP assessment as an initial |
|---|
| 7470 | | - | indicator of dyslexia and confirmed by further |
|---|
| 7471 | | - | medical or clinical diagnosis; |
|---|
| 7472 | | - | (9) "Parent", includes a gu ardian, |
|---|
| 7473 | | - | custodian, or other person with authority to act |
|---|
| 7474 | | - | on behalf of the student or child; |
|---|
| 7475 | | - | (10) "Program", the program established in |
|---|
| 7476 | | - | this section; |
|---|
| 7477 | | - | (11) "Qualified health professional", a |
|---|
| 7478 | | - | person licensed under chapter 334 or 337 who |
|---|
| 7479 | | - | possesses credentials as described in rules |
|---|
| 7480 | | - | 198 |
|---|
| 7481 | | - | promulgated jointly by the department of |
|---|
| 7482 | | - | elementary and secondary education and the |
|---|
| 7483 | | - | department of mental health to make a diagnosis |
|---|
| 7484 | | - | of a student's qualifying needs for this program; |
|---|
| 7485 | | - | (12) "Qualified school", either an |
|---|
| 7486 | | - | accredited public elementary or secondary school |
|---|
| 7487 | | - | in a district that is accredited without |
|---|
| 7488 | | - | provision outside of the district in which a |
|---|
| 7489 | | - | student resides or an accredited nonpublic |
|---|
| 7490 | | - | elementary or secondary school in Missouri that |
|---|
| 7491 | | - | complies with all of the requirements of the |
|---|
| 7492 | | - | program and complies with all state laws that |
|---|
| 7493 | | - | apply to nonpublic schools regarding criminal |
|---|
| 7494 | | - | background checks for employees and excludes |
|---|
| 7495 | | - | from employment any person not permitted by |
|---|
| 7496 | | - | state law to work in a nonpublic school ; |
|---|
| 7497 | | - | (13) "Qualified service provider", a |
|---|
| 7498 | | - | person or agency authorized by the department to |
|---|
| 7499 | | - | provide services under the first steps program, |
|---|
| 7500 | | - | sections 160.900 to 160.933, and in the case of |
|---|
| 7501 | | - | a provider offering dyslexia therapy, the term |
|---|
| 7502 | | - | also includes a person with national |
|---|
| 7503 | | - | certification as an academic language therapist; |
|---|
| 7504 | | - | (14) "Qualifying needs", an autism |
|---|
| 7505 | | - | spectrum disorder, Down Syndrome, Angelman |
|---|
| 7506 | | - | Syndrome, cerebral palsy, or dyslexia; |
|---|
| 7507 | | - | (15) "Scholarship granting organization", |
|---|
| 7508 | | - | a charitable organization that: |
|---|
| 7509 | | - | (a) Is exempt from federal income tax; |
|---|
| 7510 | | - | (b) Complies with the requirements of this |
|---|
| 7511 | | - | program; |
|---|
| 7512 | | - | (c) Provides education scholarships to |
|---|
| 7513 | | - | students attending qualified schools of their |
|---|
| 7514 | | - | parents' choice or to children recei ving |
|---|
| 7515 | | - | services from qualified service providers; and |
|---|
| 7516 | | - | (d) Does not accept contributions on |
|---|
| 7517 | | - | behalf of any eligible student or eligible child |
|---|
| 7518 | | - | from any donor with any obligation to provide |
|---|
| 7519 | | - | any support for the eligible student or eligible |
|---|
| 7520 | | - | child. |
|---|
| 7521 | | - | 3. The department of elementary and |
|---|
| 7522 | | - | secondary education shall develop a master list |
|---|
| 7523 | | - | of resources available to the parents of |
|---|
| 7524 | | - | children with an autism spectrum disorder or |
|---|
| 7525 | | - | dyslexia and shall maintain a web page for the |
|---|
| 7526 | | - | information. The department shall also actively |
|---|
| 7527 | | - | 199 |
|---|
| 7528 | | - | seek financial resources in the form of grants |
|---|
| 7529 | | - | and donations that may be devoted to scholarship |
|---|
| 7530 | | - | funds or to clinical trials for behavioral |
|---|
| 7531 | | - | interventions that may be undertaken by |
|---|
| 7532 | | - | qualified service providers. The department may |
|---|
| 7533 | | - | contract out or delegate these duties to a |
|---|
| 7534 | | - | nonprofit organization. Priority in referral |
|---|
| 7535 | | - | for funding shall be given to children who have |
|---|
| 7536 | | - | not yet entered elementary school. |
|---|
| 7537 | | - | 4. The director shall determine, at least |
|---|
| 7538 | | - | annually, which organizations in this state may |
|---|
| 7539 | | - | be classified as scholarship granting |
|---|
| 7540 | | - | organizations. The director may require of an |
|---|
| 7541 | | - | organization seeking to be classified as a |
|---|
| 7542 | | - | scholarship granting organization whatever |
|---|
| 7543 | | - | information that is reasonably necessary to make |
|---|
| 7544 | | - | such a determination . The director shall |
|---|
| 7545 | | - | classify an organization as a scholarship |
|---|
| 7546 | | - | granting organization if such organization meets |
|---|
| 7547 | | - | the definition set forth in this section. |
|---|
| 7548 | | - | 5. The director shall establish a |
|---|
| 7549 | | - | procedure by which a donor can determine if an |
|---|
| 7550 | | - | organization has been classified as a |
|---|
| 7551 | | - | scholarship granting organization. Scholarship |
|---|
| 7552 | | - | granting organizations shall be permitted to |
|---|
| 7553 | | - | decline a contribution from a donor. |
|---|
| 7554 | | - | 6. Each scholarship granting organization |
|---|
| 7555 | | - | shall provide information to the director |
|---|
| 7556 | | - | concerning the identity of each donor making a |
|---|
| 7557 | | - | contribution to the scholarship granting |
|---|
| 7558 | | - | organization. |
|---|
| 7559 | | - | 7. (1) The director shall annually make a |
|---|
| 7560 | | - | determination on the number of students in |
|---|
| 7561 | | - | Missouri with an individualized education |
|---|
| 7562 | | - | program based upon qualifying needs as defined |
|---|
| 7563 | | - | in this section. The director shall use ten |
|---|
| 7564 | | - | percent of this number to determine the maximum |
|---|
| 7565 | | - | number of students to receive scholarships from |
|---|
| 7566 | | - | a scholarship granting organization in that year |
|---|
| 7567 | | - | for students with qualifying ne eds who have at |
|---|
| 7568 | | - | the time of application an individualized |
|---|
| 7569 | | - | education program, plus a number calculated by |
|---|
| 7570 | | - | the director by applying the state's latest |
|---|
| 7571 | | - | available autism, cerebral palsy, Down Syndrome, |
|---|
| 7572 | | - | Angelman Syndrome, and dyslexia incidence rates |
|---|
| 7573 | | - | to the state's population of children from age |
|---|
| 7574 | | - | 200 |
|---|
| 7575 | | - | five to nineteen who are not enrolled in public |
|---|
| 7576 | | - | schools and taking ten percent of that number. |
|---|
| 7577 | | - | The total of these two calculations shall |
|---|
| 7578 | | - | constitute the maximum number of scholarships |
|---|
| 7579 | | - | available to students. |
|---|
| 7580 | | - | (2) The director shall also annually make |
|---|
| 7581 | | - | a determination on the number of children in |
|---|
| 7582 | | - | Missouri whose parent or guardian has enrolled |
|---|
| 7583 | | - | the child in first steps, received an |
|---|
| 7584 | | - | individualized family services program based on |
|---|
| 7585 | | - | qualifying needs, and file d a complaint through |
|---|
| 7586 | | - | the Individuals with Disabilities Education Act, |
|---|
| 7587 | | - | Part C, and received an unsatisfactory |
|---|
| 7588 | | - | response. In addition to this number, the |
|---|
| 7589 | | - | director shall apply the latest available |
|---|
| 7590 | | - | autism, cerebral palsy, Down Syndrome, Angelman |
|---|
| 7591 | | - | Syndrome, and dyslexia incidence rates to the |
|---|
| 7592 | | - | latest available census information for children |
|---|
| 7593 | | - | from birth to age five and determine ten percent |
|---|
| 7594 | | - | of that number for the maximum number of |
|---|
| 7595 | | - | scholarships for children. |
|---|
| 7596 | | - | (3) The director shall publicly announce |
|---|
| 7597 | | - | the number of each category of scholarship |
|---|
| 7598 | | - | opportunities available each year. Once a |
|---|
| 7599 | | - | scholarship granting organization has decided to |
|---|
| 7600 | | - | provide a student or child with a scholarship, |
|---|
| 7601 | | - | it shall promptly notify the director. The |
|---|
| 7602 | | - | director shall keep a ru nning tally of the |
|---|
| 7603 | | - | number of scholarships granted in the order in |
|---|
| 7604 | | - | which they were reported. Once the tally |
|---|
| 7605 | | - | reaches the annual limit of scholarships for |
|---|
| 7606 | | - | eligible students or children, the director |
|---|
| 7607 | | - | shall notify all of the participating |
|---|
| 7608 | | - | scholarship granting organizations that they |
|---|
| 7609 | | - | shall not issue any more scholarships and any |
|---|
| 7610 | | - | more receipts for contributions. If the |
|---|
| 7611 | | - | scholarship granting organizations have not |
|---|
| 7612 | | - | expended all of their available scholarship |
|---|
| 7613 | | - | funds in that year at the time when the limit is |
|---|
| 7614 | | - | reached, the available scholarship funds may be |
|---|
| 7615 | | - | carried over into the next year. These |
|---|
| 7616 | | - | unexpended funds shall not be counted as part of |
|---|
| 7617 | | - | the requirement in subdivision (3) of subsection |
|---|
| 7618 | | - | 8 of this section for that year. Any receipt |
|---|
| 7619 | | - | for a scholarship contribution issued by a |
|---|
| 7620 | | - | scholarship granting organization before the |
|---|
| 7621 | | - | 201 |
|---|
| 7622 | | - | director has publicly announced the student or |
|---|
| 7623 | | - | child limit has been reached shall be valid. |
|---|
| 7624 | | - | Beginning with school year 2016 -17, the director |
|---|
| 7625 | | - | may adjust the allocation of the pro portion of |
|---|
| 7626 | | - | scholarships using information on unmet need and |
|---|
| 7627 | | - | use patterns from the previous school years. |
|---|
| 7628 | | - | The director shall provide notice of the change |
|---|
| 7629 | | - | to the state board of education for its approval. |
|---|
| 7630 | | - | 8. Each scholarship granting organization |
|---|
| 7631 | | - | participating in the program shall: |
|---|
| 7632 | | - | (1) Notify the department of its intent to |
|---|
| 7633 | | - | provide educational scholarships to students |
|---|
| 7634 | | - | attending qualified schools or children |
|---|
| 7635 | | - | receiving services from qualified service |
|---|
| 7636 | | - | providers; |
|---|
| 7637 | | - | (2) Provide a department-approved receipt |
|---|
| 7638 | | - | to donors for contributions made to the |
|---|
| 7639 | | - | organization; |
|---|
| 7640 | | - | (3) Ensure that at least ninety percent of |
|---|
| 7641 | | - | its revenue from donations is spent on |
|---|
| 7642 | | - | educational scholarships, and that all revenue |
|---|
| 7643 | | - | from interest or investments is spent on |
|---|
| 7644 | | - | educational scholarships; |
|---|
| 7645 | | - | (4) Ensure that the scholarships provided |
|---|
| 7646 | | - | do not exceed an average of twenty thousand |
|---|
| 7647 | | - | dollars per eligible child or fifty thousand |
|---|
| 7648 | | - | dollars per eligible student; |
|---|
| 7649 | | - | (5) Inform the parent or guardian of the |
|---|
| 7650 | | - | student or child applying for a scholarship that |
|---|
| 7651 | | - | accepting the scholarship is tantamount to a |
|---|
| 7652 | | - | parentally placed private school student |
|---|
| 7653 | | - | pursuant to 34 CFR 300.130 and, thus, neither |
|---|
| 7654 | | - | the department nor any Missouri public school is |
|---|
| 7655 | | - | responsible to provide the studen t with a free |
|---|
| 7656 | | - | appropriate public education pursuant to the |
|---|
| 7657 | | - | Individuals with Disabilities Education Act or |
|---|
| 7658 | | - | Section 504 of the Rehabilitation Act of 1973; |
|---|
| 7659 | | - | (6) Distribute periodic scholarship |
|---|
| 7660 | | - | payments as checks made out to a student's or |
|---|
| 7661 | | - | child's parent and mailed to the qualified |
|---|
| 7662 | | - | school where the student is enrolled or |
|---|
| 7663 | | - | qualified service provider used by the child. |
|---|
| 7664 | | - | The parent or guardian shall endorse the check |
|---|
| 7665 | | - | before it can be deposited; |
|---|
| 7666 | | - | (7) Cooperate with the department to |
|---|
| 7667 | | - | conduct criminal background checks on all of its |
|---|
| 7668 | | - | 202 |
|---|
| 7669 | | - | employees and board members and exclude from |
|---|
| 7670 | | - | employment or governance any individual who |
|---|
| 7671 | | - | might reasonably pose a risk to the appropriate |
|---|
| 7672 | | - | use of contributed funds; |
|---|
| 7673 | | - | (8) Ensure that scholarships are portable |
|---|
| 7674 | | - | during the school year and can be used at any |
|---|
| 7675 | | - | qualified school that accepts the eligible |
|---|
| 7676 | | - | student or at a different qualified service |
|---|
| 7677 | | - | provider for an eligible child according to a |
|---|
| 7678 | | - | parent's wishes. If a student moves to a new |
|---|
| 7679 | | - | qualified school during a scho ol year or to a |
|---|
| 7680 | | - | different qualified service provider for an |
|---|
| 7681 | | - | eligible child, the scholarship amount may be |
|---|
| 7682 | | - | prorated; |
|---|
| 7683 | | - | (9) Demonstrate its financial |
|---|
| 7684 | | - | accountability by: |
|---|
| 7685 | | - | (a) Submitting a financial information |
|---|
| 7686 | | - | report for the organization that co mplies with |
|---|
| 7687 | | - | uniform financial accounting standards |
|---|
| 7688 | | - | established by the department and conducted by a |
|---|
| 7689 | | - | certified public accountant; and |
|---|
| 7690 | | - | (b) Having the auditor certify that the |
|---|
| 7691 | | - | report is free of material misstatements; |
|---|
| 7692 | | - | (10) Demonstrate its fina ncial viability, |
|---|
| 7693 | | - | if the organization is to receive donations of |
|---|
| 7694 | | - | fifty thousand dollars or more during the school |
|---|
| 7695 | | - | year, by filing with the department before the |
|---|
| 7696 | | - | start of the school year: |
|---|
| 7697 | | - | (a) A surety bond payable to the state in |
|---|
| 7698 | | - | an amount equal to the aggregate amount of |
|---|
| 7699 | | - | contributions expected to be received during the |
|---|
| 7700 | | - | school year; or |
|---|
| 7701 | | - | (b) Financial information that |
|---|
| 7702 | | - | demonstrates the financial viability of the |
|---|
| 7703 | | - | scholarship granting organization. |
|---|
| 7704 | | - | 9. Each scholarship granting organizati on |
|---|
| 7705 | | - | shall ensure that each participating school or |
|---|
| 7706 | | - | service provider that accepts its scholarship |
|---|
| 7707 | | - | students or children shall: |
|---|
| 7708 | | - | (1) Comply with all health and safety laws |
|---|
| 7709 | | - | or codes that apply to nonpublic schools or |
|---|
| 7710 | | - | service providers; |
|---|
| 7711 | | - | (2) Hold a valid occupancy permit if |
|---|
| 7712 | | - | required by its municipality; |
|---|
| 7713 | | - | (3) Certify that it will comply with 42 |
|---|
| 7714 | | - | U.S.C. Section 1981, as amended; |
|---|
| 7715 | | - | 203 |
|---|
| 7716 | | - | (4) Provide academic accountability to |
|---|
| 7717 | | - | parents of the students or children in the |
|---|
| 7718 | | - | program by regularly report ing to the parent on |
|---|
| 7719 | | - | the student's or child's progress; |
|---|
| 7720 | | - | (5) Certify that in providing any |
|---|
| 7721 | | - | educational services or behavior strategies to a |
|---|
| 7722 | | - | scholarship recipient with a medical or clinical |
|---|
| 7723 | | - | diagnosis of or an individualized education |
|---|
| 7724 | | - | program based upon autism spectrum disorder it |
|---|
| 7725 | | - | will: |
|---|
| 7726 | | - | (a) Adhere to the best practices |
|---|
| 7727 | | - | recommendations of the Missouri Autism |
|---|
| 7728 | | - | Guidelines Initiative or document why it is |
|---|
| 7729 | | - | varying from the guidelines; |
|---|
| 7730 | | - | (b) Not use any evidence -based |
|---|
| 7731 | | - | interventions that have been found ineffective |
|---|
| 7732 | | - | by the Centers for Medicare and Medicaid |
|---|
| 7733 | | - | Services as described in the Missouri Autism |
|---|
| 7734 | | - | Guidelines Initiative guide to evidence -based |
|---|
| 7735 | | - | interventions; and |
|---|
| 7736 | | - | (c) Provide documentation in the student's |
|---|
| 7737 | | - | or child's record of the ra tionale for the use |
|---|
| 7738 | | - | of any intervention that is categorized as |
|---|
| 7739 | | - | unestablished, insufficient evidence, or level 3 |
|---|
| 7740 | | - | by the Missouri Autism Guidelines Initiative |
|---|
| 7741 | | - | guide to evidence-based interventions; and |
|---|
| 7742 | | - | (6) Certify that in providing any |
|---|
| 7743 | | - | educational services or behavior strategies to a |
|---|
| 7744 | | - | scholarship recipient with a medical or clinical |
|---|
| 7745 | | - | diagnosis of, or an individualized family |
|---|
| 7746 | | - | services program based upon Down Syndrome, |
|---|
| 7747 | | - | Angelman Syndrome, cerebral palsy, or dyslexia, |
|---|
| 7748 | | - | it will use student, teacher, t eaching, and |
|---|
| 7749 | | - | school influences that rank in the zone of |
|---|
| 7750 | | - | desired effects in the meta -analysis of John |
|---|
| 7751 | | - | Hattie, or equivalent analyses as determined by |
|---|
| 7752 | | - | the department, or document why it is using a |
|---|
| 7753 | | - | method that has not been determined by analysis |
|---|
| 7754 | | - | to rank in the zone of desired effects. |
|---|
| 7755 | | - | 10. Scholarship granting organizations |
|---|
| 7756 | | - | shall not provide educational scholarships for |
|---|
| 7757 | | - | students to attend any school or children to |
|---|
| 7758 | | - | receive services from any qualified service |
|---|
| 7759 | | - | provider with paid staff or board memb ers who |
|---|
| 7760 | | - | are relatives within the first degree of |
|---|
| 7761 | | - | consanguinity or affinity. |
|---|
| 7762 | | - | 204 |
|---|
| 7763 | | - | 11. A scholarship granting organization |
|---|
| 7764 | | - | shall publicly report to the department, by June |
|---|
| 7765 | | - | first of each year, the following information |
|---|
| 7766 | | - | prepared by a certified public acc ountant |
|---|
| 7767 | | - | regarding its grants in the previous calendar |
|---|
| 7768 | | - | year: |
|---|
| 7769 | | - | (1) The name and address of the |
|---|
| 7770 | | - | scholarship granting organization; |
|---|
| 7771 | | - | (2) The total number and total dollar |
|---|
| 7772 | | - | amount of contributions received during the |
|---|
| 7773 | | - | previous calendar year; and |
|---|
| 7774 | | - | (3) The total number and total dollar |
|---|
| 7775 | | - | amount of educational scholarships awarded |
|---|
| 7776 | | - | during the previous calendar year, including the |
|---|
| 7777 | | - | category of each scholarship, and the total |
|---|
| 7778 | | - | number and total dollar amount of educational |
|---|
| 7779 | | - | scholarships awarded during the previous year to |
|---|
| 7780 | | - | students eligible for free and reduced lunch. |
|---|
| 7781 | | - | 12. The department shall adopt rules and |
|---|
| 7782 | | - | regulations consistent with this section as |
|---|
| 7783 | | - | necessary to implement the program. |
|---|
| 7784 | | - | 13. The department shall provide a |
|---|
| 7785 | | - | standardized format for a receipt to be issued |
|---|
| 7786 | | - | by a scholarship granting organization to a |
|---|
| 7787 | | - | donor to indicate the value of a contribution |
|---|
| 7788 | | - | received. |
|---|
| 7789 | | - | 14. The department shall provide a |
|---|
| 7790 | | - | standardized format for scholarship granting |
|---|
| 7791 | | - | organizations to report the inform ation in this |
|---|
| 7792 | | - | section. |
|---|
| 7793 | | - | 15. The department may conduct either a |
|---|
| 7794 | | - | financial review or audit of a scholarship |
|---|
| 7795 | | - | granting organization. |
|---|
| 7796 | | - | 16. If the department believes that a |
|---|
| 7797 | | - | scholarship granting organization has |
|---|
| 7798 | | - | intentionally and substantially fa iled to comply |
|---|
| 7799 | | - | with the requirements of this section, the |
|---|
| 7800 | | - | department may hold a hearing before the |
|---|
| 7801 | | - | director or the director's designee to bar a |
|---|
| 7802 | | - | scholarship granting organization from |
|---|
| 7803 | | - | participating in the program. The director or |
|---|
| 7804 | | - | the director's desig nee shall issue a decision |
|---|
| 7805 | | - | within thirty days. A scholarship granting |
|---|
| 7806 | | - | organization may appeal the director's decision |
|---|
| 7807 | | - | to the administrative hearing commission for a |
|---|
| 7808 | | - | 205 |
|---|
| 7809 | | - | hearing in accordance with the provisions of |
|---|
| 7810 | | - | chapter 621. |
|---|
| 7811 | | - | 17. If the scholarship granting |
|---|
| 7812 | | - | organization is barred from participating in the |
|---|
| 7813 | | - | program, the department shall notify affected |
|---|
| 7814 | | - | scholarship students or children and their |
|---|
| 7815 | | - | parents of this decision within fifteen days. |
|---|
| 7816 | | - | 18. Any rule or portion of a rule, as that |
|---|
| 7817 | | - | term is defined in section 536.010, that is |
|---|
| 7818 | | - | created under the authority delegated in this |
|---|
| 7819 | | - | section shall become effective only if it |
|---|
| 7820 | | - | complies with and is subject to all of the |
|---|
| 7821 | | - | provisions of chapter 536 and, if applicable, |
|---|
| 7822 | | - | section 536.028. This section and chapter 536 |
|---|
| 7823 | | - | are nonseverable and if any of the powers vested |
|---|
| 7824 | | - | with the general assembly pursuant to chapter |
|---|
| 7825 | | - | 536 to review, to delay the effective date, or |
|---|
| 7826 | | - | to disapprove and annul a rule are subsequently |
|---|
| 7827 | | - | held unconstitutional, then the grant of |
|---|
| 7828 | | - | rulemaking authority and any rule proposed or |
|---|
| 7829 | | - | adopted after August 28, 2013, shall be invalid |
|---|
| 7830 | | - | and void. |
|---|
| 7831 | | - | 19. The department shall conduct a study |
|---|
| 7832 | | - | of the program with funds other than state |
|---|
| 7833 | | - | funds. The department may contract with one or |
|---|
| 7834 | | - | more qualified researchers who have previous |
|---|
| 7835 | | - | experience evaluating similar programs. The |
|---|
| 7836 | | - | department may accept grants to assist in |
|---|
| 7837 | | - | funding this study. |
|---|
| 7838 | | - | 20. The study shall assess: |
|---|
| 7839 | | - | (1) The level of participating students' |
|---|
| 7840 | | - | and children's satisfaction with the program in |
|---|
| 7841 | | - | a manner suitable to the student or child; |
|---|
| 7842 | | - | (2) The level of parental satisfaction |
|---|
| 7843 | | - | with the program; |
|---|
| 7844 | | - | (3) The percentage of participating |
|---|
| 7845 | | - | students who were bullied or harassed because of |
|---|
| 7846 | | - | their special needs status at their resident |
|---|
| 7847 | | - | school district compared to the percentage so |
|---|
| 7848 | | - | bullied or harassed at their qualified school; |
|---|
| 7849 | | - | (4) The percentage of participating |
|---|
| 7850 | | - | students who exhibited behavioral problems at |
|---|
| 7851 | | - | their resident school district compared to the |
|---|
| 7852 | | - | percentage exhibiting behavioral problems at |
|---|
| 7853 | | - | their qualified school; |
|---|
| 7854 | | - | 206 |
|---|
| 7855 | | - | (5) The class size experienced by |
|---|
| 7856 | | - | participating students at their resident school |
|---|
| 7857 | | - | district and at their qualified school; and |
|---|
| 7858 | | - | (6) The fiscal impact to the state and |
|---|
| 7859 | | - | resident school districts of the program. |
|---|
| 7860 | | - | 21. The study shall be completed using |
|---|
| 7861 | | - | appropriate analytical and behavioral sciences |
|---|
| 7862 | | - | methodologies to ensure public confidence in the |
|---|
| 7863 | | - | study. |
|---|
| 7864 | | - | 22. The department shall provide the |
|---|
| 7865 | | - | general assembly with a final copy of the |
|---|
| 7866 | | - | evaluation of the program by December 31, 2016. |
|---|
| 7867 | | - | 23. The public and nonpublic participating |
|---|
| 7868 | | - | schools and service providers from which |
|---|
| 7869 | | - | students transfer to participate in the program |
|---|
| 7870 | | - | shall cooperate with the research effort by |
|---|
| 7871 | | - | providing student or child assessment instrument |
|---|
| 7872 | | - | scores and any other data necessary to complete |
|---|
| 7873 | | - | this study. |
|---|
| 7874 | | - | 24. The general assembly may require |
|---|
| 7875 | | - | periodic updates on the status of the study from |
|---|
| 7876 | | - | the department. The individuals completing the |
|---|
| 7877 | | - | study shall make their data and methodology |
|---|
| 7878 | | - | available for public review while complying with |
|---|
| 7879 | | - | the requirements of the Family Educational |
|---|
| 7880 | | - | Rights and Privacy Act, as amended. |
|---|
| 7881 | | - | 25. Under section 23.253 of the Missouri |
|---|
| 7882 | | - | sunset act: |
|---|
| 7883 | | - | (1) The provisions of the new program |
|---|
| 7884 | | - | authorized under this section shall sunset |
|---|
| 7885 | | - | automatically on December 31, 2019, unless |
|---|
| 7886 | | - | reauthorized by an act of the general assembly; |
|---|
| 7887 | | - | and |
|---|
| 7888 | | - | (2) If such program is reauthorized, the |
|---|
| 7889 | | - | program authorized under this section shall |
|---|
| 7890 | | - | sunset automatically on De cember 31, 2031; and |
|---|
| 7891 | | - | (3) This section shall terminate on |
|---|
| 7892 | | - | December thirty-first of the calendar year |
|---|
| 7893 | | - | immediately following the calendar year in which |
|---|
| 7894 | | - | the program authorized under this section is |
|---|
| 7895 | | - | sunset.] |
|---|
| 7896 | | - | [161.1055. 1. Subject to appropriations, |
|---|
| 7897 | | - | the department of elementary and secondary |
|---|
| 7898 | | - | education shall establish the "Trauma -Informed |
|---|
| 7899 | | - | Schools Pilot Program". |
|---|
| 7900 | | - | 207 |
|---|
| 7901 | | - | 2. Under the trauma-informed schools pilot |
|---|
| 7902 | | - | program, the department of elementary and |
|---|
| 7903 | | - | secondary education shall choo se five schools to |
|---|
| 7904 | | - | receive intensive training on the trauma - |
|---|
| 7905 | | - | informed approach. |
|---|
| 7906 | | - | 3. The five schools chosen for the pilot |
|---|
| 7907 | | - | program shall be located in the following areas: |
|---|
| 7908 | | - | (1) One public school located in a |
|---|
| 7909 | | - | metropolitan school district; |
|---|
| 7910 | | - | (2) One public school located in a home |
|---|
| 7911 | | - | rule city with more than four hundred thousand |
|---|
| 7912 | | - | inhabitants and located in more than one county; |
|---|
| 7913 | | - | (3) One public school located in a school |
|---|
| 7914 | | - | district that has most or all of its land area |
|---|
| 7915 | | - | located in a county w ith a charter form of |
|---|
| 7916 | | - | government and with more than nine hundred fifty |
|---|
| 7917 | | - | thousand inhabitants; |
|---|
| 7918 | | - | (4) One public school located in a school |
|---|
| 7919 | | - | district that has most or all of its land area |
|---|
| 7920 | | - | located in a county with a charter form of |
|---|
| 7921 | | - | government and with more than six hundred |
|---|
| 7922 | | - | thousand but fewer than seven hundred thousand |
|---|
| 7923 | | - | inhabitants; and |
|---|
| 7924 | | - | (5) One public school located in any one |
|---|
| 7925 | | - | of the following counties: |
|---|
| 7926 | | - | (a) A county of the third classification |
|---|
| 7927 | | - | without a township form of government and wit h |
|---|
| 7928 | | - | more than forty-one thousand but fewer than |
|---|
| 7929 | | - | forty-five thousand inhabitants; |
|---|
| 7930 | | - | (b) A county of the third classification |
|---|
| 7931 | | - | without a township form of government and with |
|---|
| 7932 | | - | more than six thousand but fewer than seven |
|---|
| 7933 | | - | thousand inhabitants and with a ci ty of the |
|---|
| 7934 | | - | fourth classification with more than eight |
|---|
| 7935 | | - | hundred but fewer than nine hundred inhabitants |
|---|
| 7936 | | - | as the county seat; |
|---|
| 7937 | | - | (c) A county of the third classification |
|---|
| 7938 | | - | with a township form of government and with more |
|---|
| 7939 | | - | than thirty-one thousand but fewer than thirty- |
|---|
| 7940 | | - | five thousand inhabitants; |
|---|
| 7941 | | - | (d) A county of the third classification |
|---|
| 7942 | | - | without a township form of government and with |
|---|
| 7943 | | - | more than fourteen thousand but fewer than |
|---|
| 7944 | | - | sixteen thousand inhabitants and with a city of |
|---|
| 7945 | | - | the third classification w ith more than five |
|---|
| 7946 | | - | 208 |
|---|
| 7947 | | - | thousand but fewer than six thousand inhabitants |
|---|
| 7948 | | - | as the county seat; |
|---|
| 7949 | | - | (e) A county of the third classification |
|---|
| 7950 | | - | without a township form of government and with |
|---|
| 7951 | | - | more than eighteen thousand but fewer than |
|---|
| 7952 | | - | twenty thousand inhabitant s and with a city of |
|---|
| 7953 | | - | the fourth classification with more than three |
|---|
| 7954 | | - | thousand but fewer than three thousand seven |
|---|
| 7955 | | - | hundred inhabitants as the county seat; |
|---|
| 7956 | | - | (f) A county of the third classification |
|---|
| 7957 | | - | without a township form of government and with |
|---|
| 7958 | | - | more than eighteen thousand but fewer than |
|---|
| 7959 | | - | twenty thousand inhabitants and with a city of |
|---|
| 7960 | | - | the third classification with more than six |
|---|
| 7961 | | - | thousand but fewer than seven thousand |
|---|
| 7962 | | - | inhabitants as the county seat; |
|---|
| 7963 | | - | (g) A county of the third classification |
|---|
| 7964 | | - | without a township form of government and with |
|---|
| 7965 | | - | more than fourteen thousand but fewer than |
|---|
| 7966 | | - | sixteen thousand inhabitants and with a city of |
|---|
| 7967 | | - | the fourth classification with more than one |
|---|
| 7968 | | - | thousand nine hundred but fewer than two |
|---|
| 7969 | | - | thousand one hundred inhabitan ts as the county |
|---|
| 7970 | | - | seat; |
|---|
| 7971 | | - | (h) A county of the third classification |
|---|
| 7972 | | - | without a township form of government and with |
|---|
| 7973 | | - | more than thirty-seven thousand but fewer than |
|---|
| 7974 | | - | forty-one thousand inhabitants and with a city |
|---|
| 7975 | | - | of the fourth classification with more t han |
|---|
| 7976 | | - | eight hundred but fewer than nine hundred |
|---|
| 7977 | | - | inhabitants as the county seat; |
|---|
| 7978 | | - | (i) A county of the third classification |
|---|
| 7979 | | - | with a township form of government and with more |
|---|
| 7980 | | - | than twenty-eight thousand but fewer than thirty - |
|---|
| 7981 | | - | one thousand inhabitants; or |
|---|
| 7982 | | - | (j) A county of the third classification |
|---|
| 7983 | | - | without a township form of government and with |
|---|
| 7984 | | - | more than twelve thousand but fewer than |
|---|
| 7985 | | - | fourteen thousand inhabitants and with a city of |
|---|
| 7986 | | - | the fourth classification with more than five |
|---|
| 7987 | | - | hundred but fewer th an five hundred fifty |
|---|
| 7988 | | - | inhabitants as the county seat. |
|---|
| 7989 | | - | 4. The department of elementary and |
|---|
| 7990 | | - | secondary education shall: |
|---|
| 7991 | | - | (1) Train the teachers and administrators |
|---|
| 7992 | | - | of the five schools chosen for the pilot program |
|---|
| 7993 | | - | 209 |
|---|
| 7994 | | - | regarding the trauma -informed approach and how |
|---|
| 7995 | | - | to become trauma-informed schools; |
|---|
| 7996 | | - | (2) Provide the five schools with funds to |
|---|
| 7997 | | - | implement the trauma -informed approach; and |
|---|
| 7998 | | - | (3) Closely monitor the progress of the |
|---|
| 7999 | | - | five schools in becoming trauma -informed schools |
|---|
| 8000 | | - | and provide further assistance if necessary. |
|---|
| 8001 | | - | 5. The department of elementary and |
|---|
| 8002 | | - | secondary education shall terminate the trauma - |
|---|
| 8003 | | - | informed schools pilot program on August 28, |
|---|
| 8004 | | - | 2019. Before December 31, 2019, the department |
|---|
| 8005 | | - | of elementary and secondary education s hall |
|---|
| 8006 | | - | submit a report to the general assembly that |
|---|
| 8007 | | - | contains the results of the pilot program, |
|---|
| 8008 | | - | including any benefits experienced by the five |
|---|
| 8009 | | - | schools chosen for the program. |
|---|
| 8010 | | - | 6. (1) There is hereby created in the |
|---|
| 8011 | | - | state treasury the "Trauma -Informed Schools |
|---|
| 8012 | | - | Pilot Program Fund". The fund shall consist of |
|---|
| 8013 | | - | any appropriations to such fund. The state |
|---|
| 8014 | | - | treasurer shall be custodian of the fund. In |
|---|
| 8015 | | - | accordance with sections 30.170 and 30.180, the |
|---|
| 8016 | | - | state treasurer may approve disbursements of |
|---|
| 8017 | | - | public moneys in accordance with distribution |
|---|
| 8018 | | - | requirements and procedures developed by the |
|---|
| 8019 | | - | department of elementary and secondary |
|---|
| 8020 | | - | education. The fund shall be a dedicated fund |
|---|
| 8021 | | - | and, upon appropriation, moneys in the fund |
|---|
| 8022 | | - | shall be used solely for the administra tion of |
|---|
| 8023 | | - | this section. |
|---|
| 8024 | | - | (2) Notwithstanding the provisions of |
|---|
| 8025 | | - | section 33.080 to the contrary, any moneys |
|---|
| 8026 | | - | remaining in the fund at the end of the biennium |
|---|
| 8027 | | - | shall not revert to the credit of the general |
|---|
| 8028 | | - | revenue fund. |
|---|
| 8029 | | - | (3) The state treasurer sha ll invest |
|---|
| 8030 | | - | moneys in the fund in the same manner as other |
|---|
| 8031 | | - | funds are invested. Any interest and moneys |
|---|
| 8032 | | - | earned on such investments shall be credited to |
|---|
| 8033 | | - | the fund. |
|---|
| 8034 | | - | 7. For purposes of this section, the |
|---|
| 8035 | | - | following terms mean: |
|---|
| 8036 | | - | (1) "Trauma-informed approach", an |
|---|
| 8037 | | - | approach that involves understanding and |
|---|
| 8038 | | - | responding to the symptoms of chronic |
|---|
| 8039 | | - | 210 |
|---|
| 8040 | | - | interpersonal trauma and traumatic stress across |
|---|
| 8041 | | - | the lifespan; |
|---|
| 8042 | | - | (2) "Trauma-informed school", a school |
|---|
| 8043 | | - | that: |
|---|
| 8044 | | - | (a) Realizes the widespread impact of |
|---|
| 8045 | | - | trauma and understands potential paths for |
|---|
| 8046 | | - | recovery; |
|---|
| 8047 | | - | (b) Recognizes the signs and symptoms of |
|---|
| 8048 | | - | trauma in students, teachers, and staff; |
|---|
| 8049 | | - | (c) Responds by fully integrating |
|---|
| 8050 | | - | knowledge about trauma into its policies, |
|---|
| 8051 | | - | procedures, and practices; and |
|---|
| 8052 | | - | (d) Seeks to actively resist |
|---|
| 8053 | | - | retraumatization. |
|---|
| 8054 | | - | 8. The provisions of this section shall |
|---|
| 8055 | | - | expire December 31, 2019. ] |
|---|
| 8056 | | - | [167.910. 1. There is hereby established |
|---|
| 8057 | | - | the "Career Readiness Course Task Force" to |
|---|
| 8058 | | - | explore the possibility of a course covering the |
|---|
| 8059 | | - | topics described in this section being offered |
|---|
| 8060 | | - | in the public schools to students in eighth |
|---|
| 8061 | | - | grade or ninth grade. Task force members shall |
|---|
| 8062 | | - | be chosen to represent the geographic diversity |
|---|
| 8063 | | - | of the state. All task force members shall be |
|---|
| 8064 | | - | appointed before October 31, 2018. The task |
|---|
| 8065 | | - | force members shall be appointed as follows: |
|---|
| 8066 | | - | (1) A parent of a student attending |
|---|
| 8067 | | - | elementary school, appointed by the joint |
|---|
| 8068 | | - | committee on education; |
|---|
| 8069 | | - | (2) A parent of a student attending a |
|---|
| 8070 | | - | grade not lower than the sixth nor higher than |
|---|
| 8071 | | - | the eighth grade, appointed by the joint |
|---|
| 8072 | | - | committee on education; |
|---|
| 8073 | | - | (3) A parent of a student attending high |
|---|
| 8074 | | - | school, appointed by the joint committee on |
|---|
| 8075 | | - | education; |
|---|
| 8076 | | - | (4) An elementary education professional |
|---|
| 8077 | | - | from an accredited school district, appointed by |
|---|
| 8078 | | - | the joint committee on education from names |
|---|
| 8079 | | - | submitted by statewide education employee |
|---|
| 8080 | | - | organizations; |
|---|
| 8081 | | - | (5) Two education professionals giving |
|---|
| 8082 | | - | instruction in a grade or grades not lower than |
|---|
| 8083 | | - | the sixth nor higher than the eighth grade in |
|---|
| 8084 | | - | accredited school districts, appointed by the |
|---|
| 8085 | | - | 211 |
|---|
| 8086 | | - | joint committee on education from names |
|---|
| 8087 | | - | submitted by statewide education employee |
|---|
| 8088 | | - | organizations; |
|---|
| 8089 | | - | (6) Two secondary education professionals |
|---|
| 8090 | | - | from accredited school districts, appointed by |
|---|
| 8091 | | - | the joint committee on education from names |
|---|
| 8092 | | - | submitted by statewide education employee |
|---|
| 8093 | | - | organizations; |
|---|
| 8094 | | - | (7) A career and technical education |
|---|
| 8095 | | - | professional who has experience serving as an |
|---|
| 8096 | | - | advisor to a statewide career and technical |
|---|
| 8097 | | - | education organization, appointed by a statewide |
|---|
| 8098 | | - | career and technical education organization; |
|---|
| 8099 | | - | (8) An education professional from an |
|---|
| 8100 | | - | accredited technical high school, appointed by a |
|---|
| 8101 | | - | statewide career and technical education |
|---|
| 8102 | | - | organization; |
|---|
| 8103 | | - | (9) A public school board member, |
|---|
| 8104 | | - | appointed by a statewide association of school |
|---|
| 8105 | | - | boards; |
|---|
| 8106 | | - | (10) A secondary school principal, |
|---|
| 8107 | | - | appointed by a statewide association of |
|---|
| 8108 | | - | secondary school principals; |
|---|
| 8109 | | - | (11) A principal of a school giving |
|---|
| 8110 | | - | instruction in a grade or grades not lower than |
|---|
| 8111 | | - | the sixth nor higher than the eighth grade, |
|---|
| 8112 | | - | appointed by a statewide association of |
|---|
| 8113 | | - | secondary school principals; |
|---|
| 8114 | | - | (12) An elementary school counselor, |
|---|
| 8115 | | - | appointed by a statewide association of school |
|---|
| 8116 | | - | counselors; |
|---|
| 8117 | | - | (13) Two school counselors from a school |
|---|
| 8118 | | - | giving instruction in a grade or grades not |
|---|
| 8119 | | - | lower than the sixth nor higher than the eighth |
|---|
| 8120 | | - | grade, appointed by a statewide association of |
|---|
| 8121 | | - | school counselors; |
|---|
| 8122 | | - | (14) A secondary school counselor, |
|---|
| 8123 | | - | appointed by a statewide association of school |
|---|
| 8124 | | - | counselors; |
|---|
| 8125 | | - | (15) A secondary school career and college |
|---|
| 8126 | | - | counselor, appointed by a statewide association |
|---|
| 8127 | | - | of school counselors; |
|---|
| 8128 | | - | (16) An apprenticeship professional, |
|---|
| 8129 | | - | appointed by the division of workforce |
|---|
| 8130 | | - | development of economic development; |
|---|
| 8131 | | - | 212 |
|---|
| 8132 | | - | (17) A representative of Missouri Project |
|---|
| 8133 | | - | Lead the Way, appointed by the statewide Project |
|---|
| 8134 | | - | Lead the Way organization; |
|---|
| 8135 | | - | (18) A representative of the state |
|---|
| 8136 | | - | technical college, appoint ed by the state |
|---|
| 8137 | | - | technical college; |
|---|
| 8138 | | - | (19) A representative of a public |
|---|
| 8139 | | - | community college, appointed by a statewide |
|---|
| 8140 | | - | organization of community colleges; and |
|---|
| 8141 | | - | (20) A representative of a public four - |
|---|
| 8142 | | - | year institution of higher education, appointed |
|---|
| 8143 | | - | by the commissioner of higher education. |
|---|
| 8144 | | - | 2. The members of the task force |
|---|
| 8145 | | - | established under subsection 1 of this section |
|---|
| 8146 | | - | shall elect a chair from among the membership of |
|---|
| 8147 | | - | the task force. The task force shall meet as |
|---|
| 8148 | | - | needed to complete its consid eration of the |
|---|
| 8149 | | - | course described in subsection 5 of this section |
|---|
| 8150 | | - | and provide its findings and recommendations as |
|---|
| 8151 | | - | described in subsection 6 of this section. |
|---|
| 8152 | | - | Members of the task force shall serve without |
|---|
| 8153 | | - | compensation. No school district policy or |
|---|
| 8154 | | - | administrative action shall require any |
|---|
| 8155 | | - | education employee member to use personal leave |
|---|
| 8156 | | - | or incur a reduction in pay for participating on |
|---|
| 8157 | | - | the task force. |
|---|
| 8158 | | - | 3. The task force shall hold at least |
|---|
| 8159 | | - | three public hearings to provide an opportunity |
|---|
| 8160 | | - | to receive public testimony including, but not |
|---|
| 8161 | | - | limited to, testimony from educators, local |
|---|
| 8162 | | - | school boards, parents, representatives from |
|---|
| 8163 | | - | business and industry, labor and community |
|---|
| 8164 | | - | leaders, members of the general assembly, and |
|---|
| 8165 | | - | the general public. |
|---|
| 8166 | | - | 4. The department of elementary and |
|---|
| 8167 | | - | secondary education shall provide such legal, |
|---|
| 8168 | | - | research, clerical, and technical services as |
|---|
| 8169 | | - | the task force may require in the performance of |
|---|
| 8170 | | - | its duties. |
|---|
| 8171 | | - | 5. The task force established under |
|---|
| 8172 | | - | subsection 1 of this section s hall consider a |
|---|
| 8173 | | - | course that: |
|---|
| 8174 | | - | (1) Gives students an opportunity to |
|---|
| 8175 | | - | explore various career and educational |
|---|
| 8176 | | - | opportunities by: |
|---|
| 8177 | | - | 213 |
|---|
| 8178 | | - | (a) Administering career surveys to |
|---|
| 8179 | | - | students and helping students use Missouri |
|---|
| 8180 | | - | Connections to determine their career interests |
|---|
| 8181 | | - | and develop plans to meet their career goals; |
|---|
| 8182 | | - | (b) Explaining the differences between |
|---|
| 8183 | | - | types of colleges, including two -year and four- |
|---|
| 8184 | | - | year colleges and noting the availability of |
|---|
| 8185 | | - | registered apprenticeship programs as |
|---|
| 8186 | | - | alternatives to college for students; |
|---|
| 8187 | | - | (c) Describing technical degrees offered |
|---|
| 8188 | | - | by colleges; |
|---|
| 8189 | | - | (d) Explaining the courses and educational |
|---|
| 8190 | | - | experiences offered at community colleges; |
|---|
| 8191 | | - | (e) Describing the various certificates |
|---|
| 8192 | | - | and credentials available to earn at the school |
|---|
| 8193 | | - | or other schools including, but not limited to, |
|---|
| 8194 | | - | career and technical education certificates |
|---|
| 8195 | | - | described under section 170.029 and industry - |
|---|
| 8196 | | - | recognized certificates and credentials; |
|---|
| 8197 | | - | (f) Advising students of any advanced |
|---|
| 8198 | | - | placement courses that they may take at the |
|---|
| 8199 | | - | school; |
|---|
| 8200 | | - | (g) Describing any opportunities at the |
|---|
| 8201 | | - | school for dual enrollment; |
|---|
| 8202 | | - | (h) Advising students of any Project Lead |
|---|
| 8203 | | - | the Way courses offered at the school and |
|---|
| 8204 | | - | explaining how Project Lead the Way courses help |
|---|
| 8205 | | - | students learn valuable skills; |
|---|
| 8206 | | - | (i) Informing students of the availability |
|---|
| 8207 | | - | of funding for postsecondary education through |
|---|
| 8208 | | - | the A+ schools program described under section |
|---|
| 8209 | | - | 160.545; |
|---|
| 8210 | | - | (j) Describing the availability of virtual |
|---|
| 8211 | | - | courses; |
|---|
| 8212 | | - | (k) Describing the types of skills and |
|---|
| 8213 | | - | occupations most in demand in the current job |
|---|
| 8214 | | - | market and those skills and occupations likely |
|---|
| 8215 | | - | to be in high demand in future years; |
|---|
| 8216 | | - | (l) Describing the typical salaries for |
|---|
| 8217 | | - | occupations, salary trends, and opportuniti es |
|---|
| 8218 | | - | for advancement in various occupations; |
|---|
| 8219 | | - | (m) Emphasizing the opportunities |
|---|
| 8220 | | - | available in careers involving science, |
|---|
| 8221 | | - | technology, engineering, and math; |
|---|
| 8222 | | - | (n) Advising students of the resources |
|---|
| 8223 | | - | offered by workforce or job centers; |
|---|
| 8224 | | - | 214 |
|---|
| 8225 | | - | (o) Preparing students for the ACT |
|---|
| 8226 | | - | assessment or the ACT WorkKeys assessments |
|---|
| 8227 | | - | required for the National Career Readiness |
|---|
| 8228 | | - | Certificate; |
|---|
| 8229 | | - | (p) Administering a practice ACT |
|---|
| 8230 | | - | assessment or practice ACT WorkKeys assessments |
|---|
| 8231 | | - | required for the National Career Rea diness |
|---|
| 8232 | | - | Certificate to students; |
|---|
| 8233 | | - | (q) Advising students of opportunities to |
|---|
| 8234 | | - | take the SAT and the Armed Services Vocational |
|---|
| 8235 | | - | Aptitude Battery; |
|---|
| 8236 | | - | (r) Administering a basic math test to |
|---|
| 8237 | | - | students so that they can assess their math |
|---|
| 8238 | | - | skills; |
|---|
| 8239 | | - | (s) Administering a basic writing test to |
|---|
| 8240 | | - | students so that they can assess their writing |
|---|
| 8241 | | - | skills; |
|---|
| 8242 | | - | (t) Helping each student prepare a |
|---|
| 8243 | | - | personal plan of study that outlines a sequence |
|---|
| 8244 | | - | of courses and experiences that concludes with |
|---|
| 8245 | | - | the student reaching his or her postsecondary |
|---|
| 8246 | | - | goals; and |
|---|
| 8247 | | - | (u) Explaining how to complete college |
|---|
| 8248 | | - | applications and the Free Application for |
|---|
| 8249 | | - | Federal Student Aid; |
|---|
| 8250 | | - | (2) Focuses on career readiness and |
|---|
| 8251 | | - | emphasizes the importance of work ethic, |
|---|
| 8252 | | - | communication, collabora tion, critical thinking, |
|---|
| 8253 | | - | and creativity; |
|---|
| 8254 | | - | (3) Demonstrates that graduation from a |
|---|
| 8255 | | - | four-year college is not the only pathway to |
|---|
| 8256 | | - | success by describing to students at least |
|---|
| 8257 | | - | sixteen pathways to success in detail and |
|---|
| 8258 | | - | including guest visitors who repre sent each |
|---|
| 8259 | | - | pathway described. In exploring how these |
|---|
| 8260 | | - | pathways could be covered in the course, the |
|---|
| 8261 | | - | task force shall consider how instructors for |
|---|
| 8262 | | - | the course may be able to rely on assistance |
|---|
| 8263 | | - | from Missouri's career pathways within the |
|---|
| 8264 | | - | department of elementary and secondary education; |
|---|
| 8265 | | - | (4) Provides student loan counseling; and |
|---|
| 8266 | | - | (5) May include parent-student meetings. |
|---|
| 8267 | | - | 6. Before December 1, 2019, the task force |
|---|
| 8268 | | - | established under subsection 1 of this section |
|---|
| 8269 | | - | shall present its findings and recommendations |
|---|
| 8270 | | - | to the speaker of the house of representatives, |
|---|
| 8271 | | - | 215 |
|---|
| 8272 | | - | the president pro tempore of the senate, the |
|---|
| 8273 | | - | joint committee on education, and the state |
|---|
| 8274 | | - | board of education. Upon presenting the |
|---|
| 8275 | | - | findings and recommendations as described in |
|---|
| 8276 | | - | this subsection, the task force shall dissolve. ] |
|---|
| 8277 | | - | [167.910. 1. There is hereby established |
|---|
| 8278 | | - | the "Career Readiness Course Task Force" to |
|---|
| 8279 | | - | explore the possibility of a course covering the |
|---|
| 8280 | | - | topics described in this section being offered |
|---|
| 8281 | | - | in the public schools to students in eighth |
|---|
| 8282 | | - | grade or ninth grade. Task force members shall |
|---|
| 8283 | | - | be chosen to represent the geographic diversity |
|---|
| 8284 | | - | of the state. All task force members shall be |
|---|
| 8285 | | - | appointed before October 31, 2018. The task |
|---|
| 8286 | | - | force members shall be appointed a s follows: |
|---|
| 8287 | | - | (1) A parent of a student attending |
|---|
| 8288 | | - | elementary school, appointed by a statewide |
|---|
| 8289 | | - | association of parents and teachers; |
|---|
| 8290 | | - | (2) A parent of a student attending a |
|---|
| 8291 | | - | grade not lower than the sixth nor higher than |
|---|
| 8292 | | - | the eighth grade, appointed by a statewide |
|---|
| 8293 | | - | association of parents and teachers; |
|---|
| 8294 | | - | (3) A parent of a student attending high |
|---|
| 8295 | | - | school, appointed by a statewide association of |
|---|
| 8296 | | - | parents and teachers; |
|---|
| 8297 | | - | (4) An elementary education professional |
|---|
| 8298 | | - | from an accredited school district, appointed by |
|---|
| 8299 | | - | agreement among the Missouri State Teachers |
|---|
| 8300 | | - | Association, the Missouri National Education |
|---|
| 8301 | | - | Association, and the American Federation of |
|---|
| 8302 | | - | Teachers of Missouri; |
|---|
| 8303 | | - | (5) An education professional giving |
|---|
| 8304 | | - | instruction in a grade or grades not lo wer than |
|---|
| 8305 | | - | the sixth nor higher than the eighth grade in an |
|---|
| 8306 | | - | accredited school district, appointed by |
|---|
| 8307 | | - | agreement among the Missouri State Teachers |
|---|
| 8308 | | - | Association, the Missouri National Education |
|---|
| 8309 | | - | Association, and the American Federation of |
|---|
| 8310 | | - | Teachers of Missouri; |
|---|
| 8311 | | - | (6) A secondary education professional |
|---|
| 8312 | | - | from an accredited school district, appointed by |
|---|
| 8313 | | - | agreement among the Missouri State Teachers |
|---|
| 8314 | | - | Association, the Missouri National Education |
|---|
| 8315 | | - | Association, and the American Federation of |
|---|
| 8316 | | - | Teachers of Missouri ; |
|---|
| 8317 | | - | 216 |
|---|
| 8318 | | - | (7) A career and technical education |
|---|
| 8319 | | - | professional who has experience serving as an |
|---|
| 8320 | | - | advisor to a statewide career and technical |
|---|
| 8321 | | - | education organization, appointed by a statewide |
|---|
| 8322 | | - | career and technical education organization; |
|---|
| 8323 | | - | (8) An education professional from an |
|---|
| 8324 | | - | accredited technical high school, appointed by a |
|---|
| 8325 | | - | statewide career and technical education |
|---|
| 8326 | | - | organization; |
|---|
| 8327 | | - | (9) A public school board member, |
|---|
| 8328 | | - | appointed by a statewide association of school |
|---|
| 8329 | | - | boards; |
|---|
| 8330 | | - | (10) A secondary school p rincipal, |
|---|
| 8331 | | - | appointed by a statewide association of |
|---|
| 8332 | | - | secondary school principals; |
|---|
| 8333 | | - | (11) A principal of a school giving |
|---|
| 8334 | | - | instruction in a grade or grades not lower than |
|---|
| 8335 | | - | the sixth nor higher than the eighth grade, |
|---|
| 8336 | | - | appointed by a statewide association o f |
|---|
| 8337 | | - | secondary school principals; |
|---|
| 8338 | | - | (12) An elementary school counselor, |
|---|
| 8339 | | - | appointed by a statewide association of school |
|---|
| 8340 | | - | counselors; |
|---|
| 8341 | | - | (13) A school counselor from a school |
|---|
| 8342 | | - | giving instruction in a grade or grades not |
|---|
| 8343 | | - | lower than the sixth nor highe r than the eighth |
|---|
| 8344 | | - | grade, appointed by a statewide association of |
|---|
| 8345 | | - | school counselors; |
|---|
| 8346 | | - | (14) A secondary school counselor, |
|---|
| 8347 | | - | appointed by a statewide association of school |
|---|
| 8348 | | - | counselors; |
|---|
| 8349 | | - | (15) A secondary school career and college |
|---|
| 8350 | | - | counselor, appointed by a statewide association |
|---|
| 8351 | | - | of school counselors; |
|---|
| 8352 | | - | (16) An apprenticeship professional, |
|---|
| 8353 | | - | appointed by the division of workforce |
|---|
| 8354 | | - | development of the department of economic |
|---|
| 8355 | | - | development; |
|---|
| 8356 | | - | (17) A representative of Missouri Project |
|---|
| 8357 | | - | Lead the Way, appointed by the statewide Project |
|---|
| 8358 | | - | Lead the Way organization; |
|---|
| 8359 | | - | (18) A representative of the State |
|---|
| 8360 | | - | Technical College of Missouri, appointed by the |
|---|
| 8361 | | - | State Technical College of Missouri; |
|---|
| 8362 | | - | 217 |
|---|
| 8363 | | - | (19) A representative of a public |
|---|
| 8364 | | - | community college, appoi nted by a statewide |
|---|
| 8365 | | - | organization of community colleges; and |
|---|
| 8366 | | - | (20) A representative of a public four - |
|---|
| 8367 | | - | year institution of higher education, appointed |
|---|
| 8368 | | - | by the commissioner of higher education. |
|---|
| 8369 | | - | 2. The members of the task force |
|---|
| 8370 | | - | established under subsection 1 of this section |
|---|
| 8371 | | - | shall elect a chair from among the membership of |
|---|
| 8372 | | - | the task force. The task force shall meet as |
|---|
| 8373 | | - | needed to complete its consideration of the |
|---|
| 8374 | | - | course described in subsection 5 of this section |
|---|
| 8375 | | - | and provide its findings and recomm endations as |
|---|
| 8376 | | - | described in subsection 6 of this section. |
|---|
| 8377 | | - | Members of the task force shall serve without |
|---|
| 8378 | | - | compensation. No school district policy or |
|---|
| 8379 | | - | administrative action shall require any |
|---|
| 8380 | | - | education employee member to use personal leave |
|---|
| 8381 | | - | or incur a reduction in pay for participating on |
|---|
| 8382 | | - | the task force. |
|---|
| 8383 | | - | 3. The task force shall hold at least |
|---|
| 8384 | | - | three public hearings to provide an opportunity |
|---|
| 8385 | | - | to receive public testimony including, but not |
|---|
| 8386 | | - | limited to, testimony from educators, local |
|---|
| 8387 | | - | school boards, parents, representatives from |
|---|
| 8388 | | - | business and industry, labor and community |
|---|
| 8389 | | - | leaders, members of the general assembly, and |
|---|
| 8390 | | - | the general public. |
|---|
| 8391 | | - | 4. The department of elementary and |
|---|
| 8392 | | - | secondary education shall provide such legal, |
|---|
| 8393 | | - | research, clerical, and tec hnical services as |
|---|
| 8394 | | - | the task force may require in the performance of |
|---|
| 8395 | | - | its duties. |
|---|
| 8396 | | - | 5. The task force established under |
|---|
| 8397 | | - | subsection 1 of this section shall consider a |
|---|
| 8398 | | - | course that: |
|---|
| 8399 | | - | (1) Gives students an opportunity to |
|---|
| 8400 | | - | explore various career and educational |
|---|
| 8401 | | - | opportunities by: |
|---|
| 8402 | | - | (a) Administering career surveys to |
|---|
| 8403 | | - | students and helping students use Missouri |
|---|
| 8404 | | - | Connections to determine their career interests |
|---|
| 8405 | | - | and develop plans to meet their career goals; |
|---|
| 8406 | | - | (b) Explaining the differences betwee n |
|---|
| 8407 | | - | types of colleges, including two -year and four- |
|---|
| 8408 | | - | year colleges, and noting the availability of |
|---|
| 8409 | | - | 218 |
|---|
| 8410 | | - | registered apprenticeship programs as |
|---|
| 8411 | | - | alternatives to college for students; |
|---|
| 8412 | | - | (c) Describing technical degrees offered |
|---|
| 8413 | | - | by colleges; |
|---|
| 8414 | | - | (d) Explaining the courses and educational |
|---|
| 8415 | | - | experiences offered at community colleges; |
|---|
| 8416 | | - | (e) Describing the various certificates |
|---|
| 8417 | | - | and credentials available to earn at the school |
|---|
| 8418 | | - | or other schools including, but not limited to, |
|---|
| 8419 | | - | career and technical education certifi cates |
|---|
| 8420 | | - | described under section 170.029 and industry - |
|---|
| 8421 | | - | recognized certificates and credentials; |
|---|
| 8422 | | - | (f) Advising students of any advanced |
|---|
| 8423 | | - | placement courses that they may take at the |
|---|
| 8424 | | - | school; |
|---|
| 8425 | | - | (g) Describing any opportunities at the |
|---|
| 8426 | | - | school for dual enrollment; |
|---|
| 8427 | | - | (h) Advising students of any Project Lead |
|---|
| 8428 | | - | the Way courses offered at the school and |
|---|
| 8429 | | - | explaining how Project Lead the Way courses help |
|---|
| 8430 | | - | students learn valuable skills; |
|---|
| 8431 | | - | (i) Informing students of the availability |
|---|
| 8432 | | - | of funding for postse condary education through |
|---|
| 8433 | | - | the A+ schools program described under section |
|---|
| 8434 | | - | 160.545; |
|---|
| 8435 | | - | (j) Describing the availability of virtual |
|---|
| 8436 | | - | courses; |
|---|
| 8437 | | - | (k) Describing the types of skills and |
|---|
| 8438 | | - | occupations most in demand in the current job |
|---|
| 8439 | | - | market and those ski lls and occupations likely |
|---|
| 8440 | | - | to be in high demand in future years; |
|---|
| 8441 | | - | (l) Describing the typical salaries for |
|---|
| 8442 | | - | occupations, salary trends, and opportunities |
|---|
| 8443 | | - | for advancement in various occupations; |
|---|
| 8444 | | - | (m) Emphasizing the opportunities |
|---|
| 8445 | | - | available in careers involving science, |
|---|
| 8446 | | - | technology, engineering, and math; |
|---|
| 8447 | | - | (n) Advising students of the resources |
|---|
| 8448 | | - | offered by workforce or job centers; |
|---|
| 8449 | | - | (o) Preparing students for the ACT |
|---|
| 8450 | | - | assessment or the ACT WorkKeys assessments |
|---|
| 8451 | | - | required for the National Career Readiness |
|---|
| 8452 | | - | Certificate; |
|---|
| 8453 | | - | (p) Administering a practice ACT |
|---|
| 8454 | | - | assessment or practice ACT WorkKeys assessments |
|---|
| 8455 | | - | 219 |
|---|
| 8456 | | - | required for the National Career Readiness |
|---|
| 8457 | | - | Certificate to students; |
|---|
| 8458 | | - | (q) Advising students of opportunities to |
|---|
| 8459 | | - | take the SAT and the Armed Services Vocational |
|---|
| 8460 | | - | Aptitude Battery; |
|---|
| 8461 | | - | (r) Administering a basic math test to |
|---|
| 8462 | | - | students so that they can assess their math |
|---|
| 8463 | | - | skills; |
|---|
| 8464 | | - | (s) Administering a basic writing test to |
|---|
| 8465 | | - | students so that they can assess their writing |
|---|
| 8466 | | - | skills; |
|---|
| 8467 | | - | (t) Helping each student prepare a |
|---|
| 8468 | | - | personal plan of study that outlines a sequence |
|---|
| 8469 | | - | of courses and experiences that concludes with |
|---|
| 8470 | | - | the student reaching his or her postsecondary |
|---|
| 8471 | | - | goals; and |
|---|
| 8472 | | - | (u) Explaining how to complete college |
|---|
| 8473 | | - | applications and the Free Application for |
|---|
| 8474 | | - | Federal Student Aid; |
|---|
| 8475 | | - | (2) Focuses on career readiness and |
|---|
| 8476 | | - | emphasizes the importance of work ethic, |
|---|
| 8477 | | - | communication, collaboration, critical thinking, |
|---|
| 8478 | | - | and creativity; |
|---|
| 8479 | | - | (3) Demonstrates that graduation from a |
|---|
| 8480 | | - | four-year college is not the only pathway to |
|---|
| 8481 | | - | success by describing to students at least |
|---|
| 8482 | | - | sixteen pathways to success in detail and |
|---|
| 8483 | | - | including guest visitors who represent each |
|---|
| 8484 | | - | pathway described. In exploring how these |
|---|
| 8485 | | - | pathways could be covered in the course, the |
|---|
| 8486 | | - | task force shall consider how instructors for |
|---|
| 8487 | | - | the course may be able to rely on assistance |
|---|
| 8488 | | - | from Missouri Career Pathways within the |
|---|
| 8489 | | - | department of elementary and secondary education; |
|---|
| 8490 | | - | (4) Provides student loan counseling; and |
|---|
| 8491 | | - | (5) May include parent-student meetings. |
|---|
| 8492 | | - | 6. Before December 1, 2019, the task force |
|---|
| 8493 | | - | established under subsection 1 of this section |
|---|
| 8494 | | - | shall present its findings and recommendations |
|---|
| 8495 | | - | to the speaker of the house of representatives, |
|---|
| 8496 | | - | the president pro tempore of the sen ate, the |
|---|
| 8497 | | - | joint committee on education, and the state |
|---|
| 8498 | | - | board of education. Upon presenting the |
|---|
| 8499 | | - | findings and recommendations as described in |
|---|
| 8500 | | - | this subsection, the task force shall dissolve. ] |
|---|
| 8501 | | - | 220 |
|---|
| 8502 | | - | [171.034. Any school district that is |
|---|
| 8503 | | - | eligible to reduce its requirement to make up |
|---|
| 8504 | | - | days pursuant to subsection 3 of section 171.033 |
|---|
| 8505 | | - | may provide food service on a summer school food |
|---|
| 8506 | | - | service basis if it resumes school with double |
|---|
| 8507 | | - | sessions.] |
|---|
| 8508 | | - | [172.287. 1. The University of Missouri |
|---|
| 8509 | | - | shall annually request an appropriation under |
|---|
| 8510 | | - | capital improvements, subject to availability of |
|---|
| 8511 | | - | funds, for a program of grants established for |
|---|
| 8512 | | - | the engineering colleges of the University of |
|---|
| 8513 | | - | Missouri for the purpose of assisting such |
|---|
| 8514 | | - | colleges in the purchase of teaching and |
|---|
| 8515 | | - | research laboratory equipment exclusive of |
|---|
| 8516 | | - | laboratory or classroom furniture. The amount |
|---|
| 8517 | | - | granted for each engineering college may not |
|---|
| 8518 | | - | exceed the lesser of an amount equal to one |
|---|
| 8519 | | - | thousand two hundred dollars per each such |
|---|
| 8520 | | - | bachelor's degree awarded in the previous fiscal |
|---|
| 8521 | | - | year in all engineering programs currently |
|---|
| 8522 | | - | accredited by the accreditation board for |
|---|
| 8523 | | - | engineering and technology, or the dollar value |
|---|
| 8524 | | - | of new funds for equipment purchase which such |
|---|
| 8525 | | - | colleges may obtain from sou rces other than |
|---|
| 8526 | | - | state appropriations for laboratory equipment. |
|---|
| 8527 | | - | 2. For purposes of this section, the fair |
|---|
| 8528 | | - | market value of in-kind contributions of |
|---|
| 8529 | | - | laboratory equipment to the colleges may be |
|---|
| 8530 | | - | included as funds for equipment purchase from |
|---|
| 8531 | | - | sources other than state appropriations. In the |
|---|
| 8532 | | - | event that new funds for laboratory equipment |
|---|
| 8533 | | - | purchase obtained by any college of engineering |
|---|
| 8534 | | - | from such nonstate sources exceed the amount |
|---|
| 8535 | | - | necessary to reach the maximum dollar limits |
|---|
| 8536 | | - | herein specified, such exce ss amounts will be |
|---|
| 8537 | | - | carried over to the following fiscal year and |
|---|
| 8538 | | - | considered the same as that year's new equipment |
|---|
| 8539 | | - | funds from nonstate sources. |
|---|
| 8540 | | - | 3. In the event that the appropriations |
|---|
| 8541 | | - | for this grant program are insufficient to fund |
|---|
| 8542 | | - | all grants approved for a given fiscal year, all |
|---|
| 8543 | | - | such grants shall be reduced pro rata as |
|---|
| 8544 | | - | necessary. |
|---|
| 8545 | | - | 4. The provisions of this section shall |
|---|
| 8546 | | - | terminate on June 30, 2017. ] |
|---|
| 8547 | | - | 221 |
|---|
| 8548 | | - | [173.196. 1. Any business firm, as |
|---|
| 8549 | | - | defined in section 32.105, may make a donation |
|---|
| 8550 | | - | to the "Missouri Higher Education Scholarship |
|---|
| 8551 | | - | Donation Fund", which is hereby created in the |
|---|
| 8552 | | - | state treasury. A donating business firm shall |
|---|
| 8553 | | - | receive a tax credit as provided in this section |
|---|
| 8554 | | - | equal to fifty percent of the amount of the |
|---|
| 8555 | | - | donation, except that tax credits shall be |
|---|
| 8556 | | - | awarded each fiscal year in the order donations |
|---|
| 8557 | | - | are received and the amount of tax credits |
|---|
| 8558 | | - | authorized shall total no more than two hundred |
|---|
| 8559 | | - | and fifty thousand dollars for each fiscal year. |
|---|
| 8560 | | - | 2. The department of revenue shall grant |
|---|
| 8561 | | - | tax credits approved under this section which |
|---|
| 8562 | | - | shall be applied in the order specified in |
|---|
| 8563 | | - | subsection 1 of section 32.115 until used. The |
|---|
| 8564 | | - | tax credits provided under this section shall be |
|---|
| 8565 | | - | refundable, and any tax credit not used in th e |
|---|
| 8566 | | - | fiscal year in which approved may be carried |
|---|
| 8567 | | - | over the next five succeeding calendar or fiscal |
|---|
| 8568 | | - | years until the full credit has been claimed. |
|---|
| 8569 | | - | Notwithstanding any other law to the contrary, |
|---|
| 8570 | | - | any tax credits granted under this section may |
|---|
| 8571 | | - | be assigned, transferred, sold, or otherwise |
|---|
| 8572 | | - | conveyed without consent or approval. Such |
|---|
| 8573 | | - | taxpayer, hereinafter the assignor for purposes |
|---|
| 8574 | | - | of this section, may sell, assign, exchange, or |
|---|
| 8575 | | - | otherwise transfer earned tax credits: |
|---|
| 8576 | | - | (1) For no less than seventy -five percent |
|---|
| 8577 | | - | of the par value of such credits; and |
|---|
| 8578 | | - | (2) In an amount not to exceed one hundred |
|---|
| 8579 | | - | percent of annual earned credits. |
|---|
| 8580 | | - | 3. No tax credit authorized under this |
|---|
| 8581 | | - | section may be applied against any tax applied |
|---|
| 8582 | | - | in a tax year beginning prior to January 1, 1995. |
|---|
| 8583 | | - | 4. All revenues credited to the fund shall |
|---|
| 8584 | | - | be used, subject to appropriations, to provide |
|---|
| 8585 | | - | scholarships authorized under sections 173.197 |
|---|
| 8586 | | - | to 173.199, and for no other purpose. |
|---|
| 8587 | | - | 5. For all tax years beginning on or after |
|---|
| 8588 | | - | January 1, 2005, no tax credits shall be |
|---|
| 8589 | | - | authorized, awarded, or issued to any person or |
|---|
| 8590 | | - | entity claiming any tax credit under this |
|---|
| 8591 | | - | section.] |
|---|
| 8592 | | - | 222 |
|---|
| 8593 | | - | [173.236. 1. As used in this section, |
|---|
| 8594 | | - | unless the context clearly requires otherwise, |
|---|
| 8595 | | - | the following terms mean: |
|---|
| 8596 | | - | (1) "Board", the coordinating board for |
|---|
| 8597 | | - | higher education; |
|---|
| 8598 | | - | (2) "Grant", the Vietnam veteran's |
|---|
| 8599 | | - | survivors grant as established in this section; |
|---|
| 8600 | | - | (3) "Institution of postsecondary |
|---|
| 8601 | | - | education", any approved public or private |
|---|
| 8602 | | - | institution as defined in section 173.205; |
|---|
| 8603 | | - | (4) "Survivor", a child or spouse of a |
|---|
| 8604 | | - | Vietnam veteran as defined in this section; |
|---|
| 8605 | | - | (5) "Tuition", any tuition or incidental |
|---|
| 8606 | | - | fee or both charged by an institution of |
|---|
| 8607 | | - | postsecondary education, as define d in this |
|---|
| 8608 | | - | section, for attendance at the institution by a |
|---|
| 8609 | | - | student as a resident of this state; |
|---|
| 8610 | | - | (6) "Vietnam veteran", a person who served |
|---|
| 8611 | | - | in the military in Vietnam or the war zone in |
|---|
| 8612 | | - | Southeast Asia and to whom the following |
|---|
| 8613 | | - | criteria shall apply : |
|---|
| 8614 | | - | (a) The veteran was a Missouri resident |
|---|
| 8615 | | - | when first entering the military service and at |
|---|
| 8616 | | - | the time of death; |
|---|
| 8617 | | - | (b) The veteran's death was attributable |
|---|
| 8618 | | - | to illness that could possibly be a result of |
|---|
| 8619 | | - | exposure to toxic chemicals during the Vietn am |
|---|
| 8620 | | - | Conflict; and |
|---|
| 8621 | | - | (c) The veteran served in the Vietnam |
|---|
| 8622 | | - | theater between 1961 and 1972. |
|---|
| 8623 | | - | 2. Within the limits of the amounts |
|---|
| 8624 | | - | appropriated therefor, the coordinating board |
|---|
| 8625 | | - | for higher education shall award annually up to |
|---|
| 8626 | | - | twelve grants to surviv ors of Vietnam veterans |
|---|
| 8627 | | - | to attend institutions of postsecondary |
|---|
| 8628 | | - | education in this state. If the waiting list of |
|---|
| 8629 | | - | eligible survivors exceeds fifty, the |
|---|
| 8630 | | - | coordinating board may petition the general |
|---|
| 8631 | | - | assembly to expand the quota. If the quota is |
|---|
| 8632 | | - | not expanded the eligibility of survivors on the |
|---|
| 8633 | | - | waiting list shall be extended. |
|---|
| 8634 | | - | 3. A survivor may receive a grant pursuant |
|---|
| 8635 | | - | to this section only so long as the survivor is |
|---|
| 8636 | | - | enrolled in a program leading to a certificate, |
|---|
| 8637 | | - | or an associate or baccalaureate d egree. In no |
|---|
| 8638 | | - | event shall a survivor receive a grant beyond |
|---|
| 8639 | | - | 223 |
|---|
| 8640 | | - | the completion of the first baccalaureate |
|---|
| 8641 | | - | degree, regardless of age. No survivor shall |
|---|
| 8642 | | - | receive more than one hundred percent of tuition |
|---|
| 8643 | | - | when combined with similar funds made available |
|---|
| 8644 | | - | to such survivor. |
|---|
| 8645 | | - | 4. The coordinating board for higher |
|---|
| 8646 | | - | education shall: |
|---|
| 8647 | | - | (1) Promulgate all necessary rules and |
|---|
| 8648 | | - | regulations for the implementation of this |
|---|
| 8649 | | - | section; |
|---|
| 8650 | | - | (2) Determine minimum standards of |
|---|
| 8651 | | - | performance in order for a survivor to re main |
|---|
| 8652 | | - | eligible to receive a grant under this program; |
|---|
| 8653 | | - | (3) Make available on behalf of a survivor |
|---|
| 8654 | | - | an amount toward the survivor's tuition which is |
|---|
| 8655 | | - | equal to the grant to which the survivor is |
|---|
| 8656 | | - | entitled under the provisions of this section; |
|---|
| 8657 | | - | (4) Provide the forms and determine the |
|---|
| 8658 | | - | procedures necessary for a survivor to apply for |
|---|
| 8659 | | - | and receive a grant under this program. |
|---|
| 8660 | | - | 5. In order to be eligible to receive a |
|---|
| 8661 | | - | grant pursuant to this section, a survivor shall |
|---|
| 8662 | | - | be certified as eligible by a Mi ssouri state |
|---|
| 8663 | | - | veterans service officer. Such certification |
|---|
| 8664 | | - | shall be made upon qualified medical |
|---|
| 8665 | | - | certification by a Veterans Administration |
|---|
| 8666 | | - | medical authority that exposure to toxic |
|---|
| 8667 | | - | chemicals contributed to or was the cause of |
|---|
| 8668 | | - | death of the veteran, as defined in subsection 1 |
|---|
| 8669 | | - | of this section. |
|---|
| 8670 | | - | 6. A survivor who is enrolled or has been |
|---|
| 8671 | | - | accepted for enrollment as an undergraduate |
|---|
| 8672 | | - | postsecondary student at an approved institution |
|---|
| 8673 | | - | of postsecondary education shall receive a grant |
|---|
| 8674 | | - | in an amount not to exceed the least of the |
|---|
| 8675 | | - | following: |
|---|
| 8676 | | - | (1) The actual tuition, as defined in this |
|---|
| 8677 | | - | section, charged at an approved institution |
|---|
| 8678 | | - | where the child is enrolled or accepted for |
|---|
| 8679 | | - | enrollment; or |
|---|
| 8680 | | - | (2) The average amount of tuition charged |
|---|
| 8681 | | - | a Missouri resident at the institutions |
|---|
| 8682 | | - | identified in section 174.020 for attendance as |
|---|
| 8683 | | - | a full-time student, as defined in section |
|---|
| 8684 | | - | 173.205. |
|---|
| 8685 | | - | 224 |
|---|
| 8686 | | - | 7. A survivor who is a recipient of a |
|---|
| 8687 | | - | grant may transfer from one approved public or |
|---|
| 8688 | | - | private institution of postsecondary education |
|---|
| 8689 | | - | to another without losing his entitlement under |
|---|
| 8690 | | - | this section. The board shall make necessary |
|---|
| 8691 | | - | adjustments in the amount of the grant. If a |
|---|
| 8692 | | - | grant recipient at any time withdraws from the |
|---|
| 8693 | | - | institution of postsecondary education so that |
|---|
| 8694 | | - | under the rules and regulations of that |
|---|
| 8695 | | - | institution he is entitled to a refund of any |
|---|
| 8696 | | - | tuition, fees, or other charges, the institution |
|---|
| 8697 | | - | shall pay the portion of the refund to which he |
|---|
| 8698 | | - | is entitled attributable to the grant for that |
|---|
| 8699 | | - | semester or similar gradin g period to the board. |
|---|
| 8700 | | - | 8. If a survivor is granted financial |
|---|
| 8701 | | - | assistance under any other student aid program, |
|---|
| 8702 | | - | public or private, the full amount of such aid |
|---|
| 8703 | | - | shall be reported to the board by the |
|---|
| 8704 | | - | institution and the eligible survivor. |
|---|
| 8705 | | - | 9. Nothing in this section shall be |
|---|
| 8706 | | - | construed as a promise or guarantee that a |
|---|
| 8707 | | - | person will be admitted to an institution of |
|---|
| 8708 | | - | postsecondary education or to a particular |
|---|
| 8709 | | - | institution of postsecondary education, will be |
|---|
| 8710 | | - | allowed to continue to attend an institutio n of |
|---|
| 8711 | | - | postsecondary education after having been |
|---|
| 8712 | | - | admitted, or will be graduated from an |
|---|
| 8713 | | - | institution of postsecondary education. |
|---|
| 8714 | | - | 10. The benefits conferred by this section |
|---|
| 8715 | | - | shall be available to any academically qualified |
|---|
| 8716 | | - | surviving children and spou ses of Vietnam |
|---|
| 8717 | | - | veterans as defined in subsection 1 of this |
|---|
| 8718 | | - | section, regardless of the survivor's age, until |
|---|
| 8719 | | - | December 31, 1995. After December 31, 1995, the |
|---|
| 8720 | | - | benefits conferred by this section shall not be |
|---|
| 8721 | | - | available to such persons who are twenty -five |
|---|
| 8722 | | - | years of age or older, except spouses will |
|---|
| 8723 | | - | remain eligible until the fifth anniversary |
|---|
| 8724 | | - | after the death of the veteran. |
|---|
| 8725 | | - | 11. This section shall expire on December |
|---|
| 8726 | | - | 31, 2015.] |
|---|
| 8727 | | - | [173.680. 1. The department of higher |
|---|
| 8728 | | - | education and workforce development shall |
|---|
| 8729 | | - | conduct a study to identify the information |
|---|
| 8730 | | - | technology industry certifications most |
|---|
| 8731 | | - | 225 |
|---|
| 8732 | | - | frequently requested by employers in Missouri. |
|---|
| 8733 | | - | The department of higher education and workforce |
|---|
| 8734 | | - | development may conduct the study with the |
|---|
| 8735 | | - | assistance of other state departments and |
|---|
| 8736 | | - | agencies, the Missouri mathematics and science |
|---|
| 8737 | | - | coalition, and the governor's advisory council |
|---|
| 8738 | | - | on science, technology, engineering, and |
|---|
| 8739 | | - | mathematical issues. |
|---|
| 8740 | | - | 2. The department of higher education and |
|---|
| 8741 | | - | workforce development shall complete the study |
|---|
| 8742 | | - | no later than January 31, 2015. The department |
|---|
| 8743 | | - | shall prepare the findings in a report and |
|---|
| 8744 | | - | provide it to: |
|---|
| 8745 | | - | (1) The president pro tempore of the |
|---|
| 8746 | | - | senate; |
|---|
| 8747 | | - | (2) The speaker of the house of |
|---|
| 8748 | | - | representatives; |
|---|
| 8749 | | - | (3) The joint committee on education; |
|---|
| 8750 | | - | (4) The governor; |
|---|
| 8751 | | - | (5) The coordinating board for higher |
|---|
| 8752 | | - | education; and |
|---|
| 8753 | | - | (6) The state board of education. ] |
|---|
| 8754 | | - | [184.384. The district and subdistricts |
|---|
| 8755 | | - | and the officers and employ ees thereof shall be |
|---|
| 8756 | | - | subject to the provisions of chapter 296 or any |
|---|
| 8757 | | - | amendment thereto hereafter enacted. ] |
|---|
| 8758 | | - | [190.450. By December 31, 2017, the |
|---|
| 8759 | | - | department of public safety shall complete a |
|---|
| 8760 | | - | study of the number of public safety answering |
|---|
| 8761 | | - | points necessary to provide the best possible |
|---|
| 8762 | | - | 911 technology and service to all areas of the |
|---|
| 8763 | | - | state in the most efficient and economical |
|---|
| 8764 | | - | manner possible, issue a state public safety |
|---|
| 8765 | | - | answering point consolidation plan based on the |
|---|
| 8766 | | - | study, and provide su ch plan to the Missouri 911 |
|---|
| 8767 | | - | service board.] |
|---|
| 8768 | | - | [191.425. 1. Upon receipt of federal |
|---|
| 8769 | | - | funding in accordance with subsection 4 of this |
|---|
| 8770 | | - | section, there is hereby established within the |
|---|
| 8771 | | - | department of health and senior services the |
|---|
| 8772 | | - | "Women's Heart Health Program" to provide heart |
|---|
| 8773 | | - | disease risk screening to uninsured and |
|---|
| 8774 | | - | underinsured women. |
|---|
| 8775 | | - | 226 |
|---|
| 8776 | | - | 2. The following women shall be eligible |
|---|
| 8777 | | - | for program services: |
|---|
| 8778 | | - | (1) Women between the ages of thirty -five |
|---|
| 8779 | | - | and sixty-four years; |
|---|
| 8780 | | - | (2) Women who are receiving breast and |
|---|
| 8781 | | - | cervical cancer screenings under the Missouri |
|---|
| 8782 | | - | show me healthy women program; |
|---|
| 8783 | | - | (3) Women who are uninsured or whose |
|---|
| 8784 | | - | insurance does not provide coverage for heart |
|---|
| 8785 | | - | disease risk screenings; and |
|---|
| 8786 | | - | (4) Women with a gross family income at or |
|---|
| 8787 | | - | below two hundred percent of the federal poverty |
|---|
| 8788 | | - | level. |
|---|
| 8789 | | - | 3. The department shall contract with |
|---|
| 8790 | | - | health care providers who are currently |
|---|
| 8791 | | - | providing services under the Missouri show me |
|---|
| 8792 | | - | healthy women program to provide screening |
|---|
| 8793 | | - | services under the women's heart health |
|---|
| 8794 | | - | program. Screening shall include but not be |
|---|
| 8795 | | - | limited to height, weight, and body mass index |
|---|
| 8796 | | - | (BMI), blood pressure, total cholesterol, HDL, |
|---|
| 8797 | | - | and blood glucose. Any woman whose screening |
|---|
| 8798 | | - | indicates an increased ris k for heart disease |
|---|
| 8799 | | - | shall be referred for appropriate follow -up |
|---|
| 8800 | | - | health care services and be offered lifestyle |
|---|
| 8801 | | - | education services to reduce her risk for heart |
|---|
| 8802 | | - | disease. |
|---|
| 8803 | | - | 4. The women's heart health program shall |
|---|
| 8804 | | - | be subject to receipt of federal fun ding which |
|---|
| 8805 | | - | designates such funding for heart disease risk |
|---|
| 8806 | | - | screening to uninsured and underinsured women. |
|---|
| 8807 | | - | In the event that federal funds are not |
|---|
| 8808 | | - | available for such program, the department shall |
|---|
| 8809 | | - | not be required to establish or implement the |
|---|
| 8810 | | - | program. |
|---|
| 8811 | | - | 5. Under section 23.253 of the Missouri |
|---|
| 8812 | | - | sunset act: |
|---|
| 8813 | | - | (1) The provisions of the program |
|---|
| 8814 | | - | authorized under this section shall |
|---|
| 8815 | | - | automatically sunset three years after August |
|---|
| 8816 | | - | 28, 2012, unless reauthorized by an act of the |
|---|
| 8817 | | - | general assembly; and |
|---|
| 8818 | | - | (2) If such program is reauthorized, the |
|---|
| 8819 | | - | program authorized under this section shall |
|---|
| 8820 | | - | automatically sunset three years after the |
|---|
| 8821 | | - | 227 |
|---|
| 8822 | | - | effective date of the reauthorization of this |
|---|
| 8823 | | - | section; and |
|---|
| 8824 | | - | (3) This section shall terminate on |
|---|
| 8825 | | - | September first of the calendar year immediately |
|---|
| 8826 | | - | following the calendar year in which the program |
|---|
| 8827 | | - | authorized under this section is sunset. ] |
|---|
| 8828 | | - | [191.950. 1. As used in this section, the |
|---|
| 8829 | | - | following terms mean: |
|---|
| 8830 | | - | (1) "Department", the department of health |
|---|
| 8831 | | - | and senior services; |
|---|
| 8832 | | - | (2) "Economically challenged men", men who |
|---|
| 8833 | | - | have a gross income up to one hundred fifty |
|---|
| 8834 | | - | percent of the federal poverty level; |
|---|
| 8835 | | - | (3) "Program", the prostate cancer pilot |
|---|
| 8836 | | - | program established in this section; |
|---|
| 8837 | | - | (4) "Rural area", a rural area which is in |
|---|
| 8838 | | - | either any county of the third classification |
|---|
| 8839 | | - | without a township form of government and with |
|---|
| 8840 | | - | more than twenty thousand but fewer than twenty |
|---|
| 8841 | | - | thousand one hundred inhabitants, any county of |
|---|
| 8842 | | - | the second classification wit h more than |
|---|
| 8843 | | - | nineteen thousand seven hundred but fewer than |
|---|
| 8844 | | - | nineteen thousand eight hundred inhabitants, or |
|---|
| 8845 | | - | any county of the third classification with a |
|---|
| 8846 | | - | township form of government and with more than |
|---|
| 8847 | | - | thirty-three thousand one hundred but fewer than |
|---|
| 8848 | | - | thirty-three thousand two hundred inhabitants; |
|---|
| 8849 | | - | (5) "Uninsured men", men for whom services |
|---|
| 8850 | | - | provided by the program are not covered by |
|---|
| 8851 | | - | private insurance, MO HealthNet or Medicare; |
|---|
| 8852 | | - | (6) "Urban area", an urban area which is |
|---|
| 8853 | | - | located in a city not w ithin a county. |
|---|
| 8854 | | - | 2. Subject to securing a cooperative |
|---|
| 8855 | | - | agreement with a nonprofit entity for funding of |
|---|
| 8856 | | - | the program, there is hereby established within |
|---|
| 8857 | | - | the department of health and senior services two |
|---|
| 8858 | | - | "Prostate Cancer Pilot Programs" to fund |
|---|
| 8859 | | - | prostate cancer screening and treatment services |
|---|
| 8860 | | - | and to provide education to men residing in this |
|---|
| 8861 | | - | state. One prostate cancer pilot program shall |
|---|
| 8862 | | - | be located in an urban area and one prostate |
|---|
| 8863 | | - | cancer pilot program shall be located in a rural |
|---|
| 8864 | | - | area. The department may directly contract with |
|---|
| 8865 | | - | the Missouri Foundation for Health, or a |
|---|
| 8866 | | - | successor entity, in the delivery of the pilot |
|---|
| 8867 | | - | 228 |
|---|
| 8868 | | - | program. For purposes of this section, the |
|---|
| 8869 | | - | contracting process of the department with these |
|---|
| 8870 | | - | entities need not be governed by the provisions |
|---|
| 8871 | | - | of chapter 34. |
|---|
| 8872 | | - | 3. The program shall be open to: |
|---|
| 8873 | | - | (1) Uninsured men or economically |
|---|
| 8874 | | - | challenged men who are at least fifty years old; |
|---|
| 8875 | | - | and |
|---|
| 8876 | | - | (2) On the advice of a physician or at the |
|---|
| 8877 | | - | request of the individual, uninsured men or |
|---|
| 8878 | | - | economically challenged men who are at least |
|---|
| 8879 | | - | thirty-five years of age but less than fifty |
|---|
| 8880 | | - | years of age and who are at high risk for |
|---|
| 8881 | | - | prostate cancer. |
|---|
| 8882 | | - | 4. The program shall provide: |
|---|
| 8883 | | - | (1) Prostate cancer screening; |
|---|
| 8884 | | - | (2) Referral services, in cluding services |
|---|
| 8885 | | - | necessary for diagnosis; |
|---|
| 8886 | | - | (3) Treatment services for individuals who |
|---|
| 8887 | | - | are diagnosed with prostate cancer after being |
|---|
| 8888 | | - | screened; and |
|---|
| 8889 | | - | (4) Outreach and education activities to |
|---|
| 8890 | | - | ensure awareness and utilization of program |
|---|
| 8891 | | - | services by uninsured men and economically |
|---|
| 8892 | | - | challenged men. |
|---|
| 8893 | | - | 5. Upon appropriation, the department |
|---|
| 8894 | | - | shall distribute grants to administer the |
|---|
| 8895 | | - | program to: |
|---|
| 8896 | | - | (1) Local health departments; and |
|---|
| 8897 | | - | (2) Federally qualified health centers. |
|---|
| 8898 | | - | 6. Three years from the date on which the |
|---|
| 8899 | | - | grants were first administered under this |
|---|
| 8900 | | - | section, the department shall report to the |
|---|
| 8901 | | - | governor and general assembly: |
|---|
| 8902 | | - | (1) The number of individuals screened and |
|---|
| 8903 | | - | treated under the program, including racial and |
|---|
| 8904 | | - | ethnic data on the individuals who were screened |
|---|
| 8905 | | - | and treated; and |
|---|
| 8906 | | - | (2) To the extent possible, any cost |
|---|
| 8907 | | - | savings achieved by the program as a result of |
|---|
| 8908 | | - | early detection of prostate cancer. |
|---|
| 8909 | | - | 7. The department shall promulgate rules |
|---|
| 8910 | | - | to establish guideli nes regarding eligibility |
|---|
| 8911 | | - | for the program and to implement the provisions |
|---|
| 8912 | | - | of this section. Any rule or portion of a rule, |
|---|
| 8913 | | - | as that term is defined in section 536.010, that |
|---|
| 8914 | | - | 229 |
|---|
| 8915 | | - | is created under the authority delegated in this |
|---|
| 8916 | | - | section shall become effective only if it |
|---|
| 8917 | | - | complies with and is subject to all of the |
|---|
| 8918 | | - | provisions of chapter 536 and, if applicable, |
|---|
| 8919 | | - | section 536.028. This section and chapter 536 |
|---|
| 8920 | | - | are nonseverable and if any of the powers vested |
|---|
| 8921 | | - | with the general assembly pursuant to chapter |
|---|
| 8922 | | - | 536 to review, to delay the effective date, or |
|---|
| 8923 | | - | to disapprove and annul a rule are subsequently |
|---|
| 8924 | | - | held unconstitutional, then the grant of |
|---|
| 8925 | | - | rulemaking authority and any rule proposed or |
|---|
| 8926 | | - | adopted after August 28, 2011, shall be invalid |
|---|
| 8927 | | - | and void. |
|---|
| 8928 | | - | 8. Under and pursuant to section 23.253 of |
|---|
| 8929 | | - | the Missouri sunset act: |
|---|
| 8930 | | - | (1) The provisions of the new program |
|---|
| 8931 | | - | authorized under this section shall |
|---|
| 8932 | | - | automatically sunset six years after August 28, |
|---|
| 8933 | | - | 2011, unless reauthorized by an act of the |
|---|
| 8934 | | - | general assembly; and |
|---|
| 8935 | | - | (2) If such program is reauthorized, the |
|---|
| 8936 | | - | program authorized under this section shall |
|---|
| 8937 | | - | automatically sunset six years after the |
|---|
| 8938 | | - | effective date of the reauthorization of this |
|---|
| 8939 | | - | section; and |
|---|
| 8940 | | - | (3) This section shall terminate on |
|---|
| 8941 | | - | September first of t he calendar year immediately |
|---|
| 8942 | | - | following the calendar year in which the program |
|---|
| 8943 | | - | authorized under this section is sunset. ] |
|---|
| 8944 | | - | [191.1075. As used in sections 191.1075 to |
|---|
| 8945 | | - | 191.1085, the following terms shall mean: |
|---|
| 8946 | | - | (1) "Department", the dep artment of health |
|---|
| 8947 | | - | and senior services; |
|---|
| 8948 | | - | (2) "Health care professional", a |
|---|
| 8949 | | - | physician or other health care practitioner |
|---|
| 8950 | | - | licensed, accredited, or certified by the state |
|---|
| 8951 | | - | of Missouri to perform specified health services; |
|---|
| 8952 | | - | (3) "Hospital": |
|---|
| 8953 | | - | (a) A place devoted primarily to the |
|---|
| 8954 | | - | maintenance and operation of facilities for the |
|---|
| 8955 | | - | diagnosis, treatment, or care of not less than |
|---|
| 8956 | | - | twenty-four consecutive hours in any week of |
|---|
| 8957 | | - | three or more nonrelated individuals suffering |
|---|
| 8958 | | - | from illness, disease, injury, deformity, or |
|---|
| 8959 | | - | other abnormal physical conditions; or |
|---|
| 8960 | | - | 230 |
|---|
| 8961 | | - | (b) A place devoted primarily to provide |
|---|
| 8962 | | - | for not less than twenty -four consecutive hours |
|---|
| 8963 | | - | in any week medical or nursing care for three or |
|---|
| 8964 | | - | more unrelated individuals. "Hospital" does not |
|---|
| 8965 | | - | include convalescent, nursing, shelter, or |
|---|
| 8966 | | - | boarding homes as defined in chapter 198. ] |
|---|
| 8967 | | - | [191.1080. 1. There is hereby created |
|---|
| 8968 | | - | within the department of health and senior |
|---|
| 8969 | | - | services the "Missouri Palliative Care and |
|---|
| 8970 | | - | Quality of Life Interdiscipl inary Council", |
|---|
| 8971 | | - | which shall be a palliative care consumer and |
|---|
| 8972 | | - | professional information and education program |
|---|
| 8973 | | - | to improve quality and delivery of patient - |
|---|
| 8974 | | - | centered and family-focused care in this state. |
|---|
| 8975 | | - | 2. On or before December 1, 2016, the |
|---|
| 8976 | | - | following members shall be appointed to the |
|---|
| 8977 | | - | council: |
|---|
| 8978 | | - | (1) Two members of the senate, appointed |
|---|
| 8979 | | - | by the president pro tempore of the senate; |
|---|
| 8980 | | - | (2) Two members of the house of |
|---|
| 8981 | | - | representatives, appointed by the speaker of the |
|---|
| 8982 | | - | house of representatives; |
|---|
| 8983 | | - | (3) Two board-certified hospice and |
|---|
| 8984 | | - | palliative medicine physicians licensed in this |
|---|
| 8985 | | - | state, appointed by the governor with the advice |
|---|
| 8986 | | - | and consent of the senate; |
|---|
| 8987 | | - | (4) Two certified hospice and palliative |
|---|
| 8988 | | - | nurses licensed in this state, appointed by the |
|---|
| 8989 | | - | governor with the advice and consent of the |
|---|
| 8990 | | - | senate; |
|---|
| 8991 | | - | (5) A certified hospice and palliative |
|---|
| 8992 | | - | social worker, appointed by the governor with |
|---|
| 8993 | | - | the advice and consent of the senate; |
|---|
| 8994 | | - | (6) A patient and family caregiver |
|---|
| 8995 | | - | advocate representativ e, appointed by the |
|---|
| 8996 | | - | governor with the advice and consent of the |
|---|
| 8997 | | - | senate; and |
|---|
| 8998 | | - | (7) A spiritual professional with |
|---|
| 8999 | | - | experience in palliative care and health care, |
|---|
| 9000 | | - | appointed by the governor with the advice and |
|---|
| 9001 | | - | consent of the senate. |
|---|
| 9002 | | - | 3. Council members shall serve for a term |
|---|
| 9003 | | - | of three years. The members of the council |
|---|
| 9004 | | - | shall elect a chair and vice chair whose duties |
|---|
| 9005 | | - | shall be established by the council. The |
|---|
| 9006 | | - | 231 |
|---|
| 9007 | | - | department shall determine a time and place for |
|---|
| 9008 | | - | regular meetings of the council, which s hall |
|---|
| 9009 | | - | meet at least biannually. |
|---|
| 9010 | | - | 4. Members of the council shall serve |
|---|
| 9011 | | - | without compensation, but shall, subject to |
|---|
| 9012 | | - | appropriations, be reimbursed for their actual |
|---|
| 9013 | | - | and necessary expenses incurred in the |
|---|
| 9014 | | - | performance of their duties as members of the |
|---|
| 9015 | | - | council. |
|---|
| 9016 | | - | 5. The council shall consult with and |
|---|
| 9017 | | - | advise the department on matters related to the |
|---|
| 9018 | | - | establishment, maintenance, operation, and |
|---|
| 9019 | | - | outcomes evaluation of palliative care |
|---|
| 9020 | | - | initiatives in this state, including the |
|---|
| 9021 | | - | palliative care consumer a nd professional |
|---|
| 9022 | | - | information and education program established in |
|---|
| 9023 | | - | section 191.1085. |
|---|
| 9024 | | - | 6. The council shall submit an annual |
|---|
| 9025 | | - | report to the general assembly, which includes |
|---|
| 9026 | | - | an assessment of the availability of palliative |
|---|
| 9027 | | - | care in this state for patien ts at early stages |
|---|
| 9028 | | - | of serious disease and an analysis of barriers |
|---|
| 9029 | | - | to greater access to palliative care. |
|---|
| 9030 | | - | 7. The council authorized under this |
|---|
| 9031 | | - | section shall automatically expire August 28, |
|---|
| 9032 | | - | 2022.] |
|---|
| 9033 | | - | [191.1085. 1. There is hereby esta blished |
|---|
| 9034 | | - | the "Palliative Care Consumer and Professional |
|---|
| 9035 | | - | Information and Education Program" within the |
|---|
| 9036 | | - | department of health and senior services. |
|---|
| 9037 | | - | 2. The purpose of the program is to |
|---|
| 9038 | | - | maximize the effectiveness of palliative care in |
|---|
| 9039 | | - | this state by ensuring that comprehensive and |
|---|
| 9040 | | - | accurate information and education about |
|---|
| 9041 | | - | palliative care is available to the public, |
|---|
| 9042 | | - | health care providers, and health care |
|---|
| 9043 | | - | facilities. |
|---|
| 9044 | | - | 3. The department shall publish on its |
|---|
| 9045 | | - | website information and resources, includ ing |
|---|
| 9046 | | - | links to external resources, about palliative |
|---|
| 9047 | | - | care for the public, health care providers, and |
|---|
| 9048 | | - | health care facilities, including but not |
|---|
| 9049 | | - | limited to: |
|---|
| 9050 | | - | (1) Continuing education opportunities for |
|---|
| 9051 | | - | health care providers; |
|---|
| 9052 | | - | 232 |
|---|
| 9053 | | - | (2) Information about palliative care |
|---|
| 9054 | | - | delivery in the home, primary, secondary, and |
|---|
| 9055 | | - | tertiary environments; and |
|---|
| 9056 | | - | (3) Consumer educational materials and |
|---|
| 9057 | | - | referral information for palliative care, |
|---|
| 9058 | | - | including hospice. |
|---|
| 9059 | | - | 4. Each hospital in this state is |
|---|
| 9060 | | - | encouraged to have a palliative care presence on |
|---|
| 9061 | | - | its intranet or internet website which provides |
|---|
| 9062 | | - | links to one or more of the following |
|---|
| 9063 | | - | organizations: the Institute of Medicine, the |
|---|
| 9064 | | - | Center to Advance Palliative Care, the |
|---|
| 9065 | | - | Supportive Care Coalition, the National Hospi ce |
|---|
| 9066 | | - | and Palliative Care Organization, the American |
|---|
| 9067 | | - | Academy of Hospice and Palliative Medicine, and |
|---|
| 9068 | | - | the National Institute on Aging. |
|---|
| 9069 | | - | 5. Each hospital in this state is |
|---|
| 9070 | | - | encouraged to have patient education information |
|---|
| 9071 | | - | about palliative care available for distribution |
|---|
| 9072 | | - | to patients. |
|---|
| 9073 | | - | 6. The department shall consult with the |
|---|
| 9074 | | - | palliative care and quality of life |
|---|
| 9075 | | - | interdisciplinary council established in section |
|---|
| 9076 | | - | 191.1080 in implementing the section. |
|---|
| 9077 | | - | 7. The department may promulgate rules to |
|---|
| 9078 | | - | implement the provisions of sections 191.1075 to |
|---|
| 9079 | | - | 191.1085. Any rule or portion of a rule, as |
|---|
| 9080 | | - | that term is defined in section 536.010, that is |
|---|
| 9081 | | - | created under the authority delegated in |
|---|
| 9082 | | - | sections 191.1075 to 191.1085 shall become |
|---|
| 9083 | | - | effective only if it compl ies with and is |
|---|
| 9084 | | - | subject to all of the provisions of chapter 536 |
|---|
| 9085 | | - | and, if applicable, section 536.028. Sections |
|---|
| 9086 | | - | 191.1075 to 191.1085 and chapter 536 are |
|---|
| 9087 | | - | nonseverable and if any of the powers vested |
|---|
| 9088 | | - | with the general assembly pursuant to chapter |
|---|
| 9089 | | - | 536 to review, to delay the effective date, or |
|---|
| 9090 | | - | to disapprove and annul a rule are subsequently |
|---|
| 9091 | | - | held unconstitutional, then the grant of |
|---|
| 9092 | | - | rulemaking authority and any rule proposed or |
|---|
| 9093 | | - | adopted after August 28, 2016, shall be invalid |
|---|
| 9094 | | - | and void. |
|---|
| 9095 | | - | 8. Notwithstanding the provisions of |
|---|
| 9096 | | - | section 23.253 to the contrary, the program |
|---|
| 9097 | | - | authorized under this section shall |
|---|
| 9098 | | - | automatically expire on August 28, 2022. ] |
|---|
| 9099 | | - | 233 |
|---|
| 9100 | | - | [192.926. 1. By September 1, 2015, the |
|---|
| 9101 | | - | department of social services in cooperation |
|---|
| 9102 | | - | with the department of health and senior |
|---|
| 9103 | | - | services and the department of mental health |
|---|
| 9104 | | - | shall establish a committee to assess the |
|---|
| 9105 | | - | continuation of the money follows the person |
|---|
| 9106 | | - | demonstration program in order to support |
|---|
| 9107 | | - | Missourians who have disabilities and those who |
|---|
| 9108 | | - | are aging to transition from nursing facilities |
|---|
| 9109 | | - | or habilitation centers to quality community |
|---|
| 9110 | | - | settings. The committee shall study |
|---|
| 9111 | | - | sustainability of the program beyond the current |
|---|
| 9112 | | - | demonstration time frame for all transitions to |
|---|
| 9113 | | - | occur by September 30, 2018. The committee |
|---|
| 9114 | | - | shall be administered and its members, with the |
|---|
| 9115 | | - | exception of the members from the house of |
|---|
| 9116 | | - | representatives and the senate, chosen by the |
|---|
| 9117 | | - | director of the department of social services. |
|---|
| 9118 | | - | 2. The committee shall: |
|---|
| 9119 | | - | (1) Review the extent to which the |
|---|
| 9120 | | - | demonstration program has achieved its purposes; |
|---|
| 9121 | | - | (2) Assess any possible improvements to |
|---|
| 9122 | | - | the program; |
|---|
| 9123 | | - | (3) Investigate program elements and costs |
|---|
| 9124 | | - | to sustain the program beyond its current |
|---|
| 9125 | | - | demonstration period; |
|---|
| 9126 | | - | (4) Explore cost savings achieved through |
|---|
| 9127 | | - | the demonstration program; |
|---|
| 9128 | | - | (5) Investigate the possibility and need |
|---|
| 9129 | | - | to apply for a waiver from the Centers for |
|---|
| 9130 | | - | Medicare and Medicaid Services. |
|---|
| 9131 | | - | 3. The committee shall include fiscal |
|---|
| 9132 | | - | staff from the department of social services, |
|---|
| 9133 | | - | the department of health and senior services, |
|---|
| 9134 | | - | the department of mental health, and the office |
|---|
| 9135 | | - | of administration's division of budget and |
|---|
| 9136 | | - | planning. The committee shall also be comprised |
|---|
| 9137 | | - | of a representative from ea ch of the following: |
|---|
| 9138 | | - | (1) The division of senior and disability |
|---|
| 9139 | | - | services within the department of health and |
|---|
| 9140 | | - | senior services; |
|---|
| 9141 | | - | (2) The MO HealthNet division within the |
|---|
| 9142 | | - | department of social services; |
|---|
| 9143 | | - | (3) The division of developmental |
|---|
| 9144 | | - | disabilities within the department of mental |
|---|
| 9145 | | - | health; |
|---|
| 9146 | | - | 234 |
|---|
| 9147 | | - | (4) Centers for independent living and |
|---|
| 9148 | | - | area agencies on aging currently serving as |
|---|
| 9149 | | - | money follows the person local contact agencies; |
|---|
| 9150 | | - | (5) The Missouri assistive technology |
|---|
| 9151 | | - | council; |
|---|
| 9152 | | - | (6) The Missouri developmental |
|---|
| 9153 | | - | disabilities council; |
|---|
| 9154 | | - | (7) The skilled nursing community |
|---|
| 9155 | | - | predominately serving MO HealthNet participants; |
|---|
| 9156 | | - | (8) The Missouri house of representatives, |
|---|
| 9157 | | - | appointed by the speaker of the house of |
|---|
| 9158 | | - | representatives; and |
|---|
| 9159 | | - | (9) The Missouri senate, appointed by the |
|---|
| 9160 | | - | president pro tempore of the senate. |
|---|
| 9161 | | - | 4. The committee may also include other |
|---|
| 9162 | | - | members or work groups deemed necessary to |
|---|
| 9163 | | - | accomplish its purposes, including but not |
|---|
| 9164 | | - | limited to representatives from state a gencies, |
|---|
| 9165 | | - | local advisory groups and community members, and |
|---|
| 9166 | | - | members of the general assembly with valuable |
|---|
| 9167 | | - | input regarding the activities of the money |
|---|
| 9168 | | - | follows the person demonstration program. |
|---|
| 9169 | | - | 5. The department of social services in |
|---|
| 9170 | | - | cooperation with the department of health and |
|---|
| 9171 | | - | senior services and the department of mental |
|---|
| 9172 | | - | health shall make recommendations based on the |
|---|
| 9173 | | - | findings of the committee and report them to the |
|---|
| 9174 | | - | general assembly and the governor by July 1, |
|---|
| 9175 | | - | 2016. |
|---|
| 9176 | | - | 6. The provisions of this section shall |
|---|
| 9177 | | - | expire on January 1, 2017. ] |
|---|
| 9178 | | - | [199.020. 1. The following officers and |
|---|
| 9179 | | - | their families shall, with the permission of the |
|---|
| 9180 | | - | department of health and senior services, reside |
|---|
| 9181 | | - | on the premises or other property of the |
|---|
| 9182 | | - | center: center director, assistant director, |
|---|
| 9183 | | - | physicians, and other personnel required for the |
|---|
| 9184 | | - | center's operation as recommended by the |
|---|
| 9185 | | - | center's director. Personnel residing at the |
|---|
| 9186 | | - | center shall pay a monthly rental determined |
|---|
| 9187 | | - | annually at the lower of cost or fair market |
|---|
| 9188 | | - | value; except that the center director, with the |
|---|
| 9189 | | - | approval of the director of the department of |
|---|
| 9190 | | - | health and senior services, may establish a |
|---|
| 9191 | | - | 235 |
|---|
| 9192 | | - | lower rate as required to fill the center's |
|---|
| 9193 | | - | personnel needs. |
|---|
| 9194 | | - | 2. This section shall terminate thirty |
|---|
| 9195 | | - | days following the date notice is provided to |
|---|
| 9196 | | - | the revisor of statutes that an agreement has |
|---|
| 9197 | | - | been executed which transfers the Missouri |
|---|
| 9198 | | - | rehabilitation center from the department of |
|---|
| 9199 | | - | health and senior services to the board of |
|---|
| 9200 | | - | curators of the Univ ersity of Missouri.] |
|---|
| 9201 | | - | [208.482. 1. The MO HealthNet division |
|---|
| 9202 | | - | shall not recover disproportionate share |
|---|
| 9203 | | - | hospital audit recoupments from any tier 1 |
|---|
| 9204 | | - | safety net hospital, excluding department of |
|---|
| 9205 | | - | mental health state-operated psychiatric |
|---|
| 9206 | | - | hospitals, for which an intergovernmental |
|---|
| 9207 | | - | transfer was used for the nonfederal share of |
|---|
| 9208 | | - | its disproportionate share hospital payments. |
|---|
| 9209 | | - | General revenue funds shall not be used to |
|---|
| 9210 | | - | offset any expenditure of funds to pay such |
|---|
| 9211 | | - | recoupments to the federal gover nment. |
|---|
| 9212 | | - | 2. The provisions of this section shall |
|---|
| 9213 | | - | expire on September 30, 2022. ] |
|---|
| 9214 | | - | [208.627. 1. The department of social |
|---|
| 9215 | | - | services shall seek input from the department of |
|---|
| 9216 | | - | mental health and community -based social service |
|---|
| 9217 | | - | agencies, which provide case management services |
|---|
| 9218 | | - | to the elderly, for the purpose of developing a |
|---|
| 9219 | | - | report outlining areas and strategies by which |
|---|
| 9220 | | - | the department can deliver case management |
|---|
| 9221 | | - | services to the elderly by collaboration and |
|---|
| 9222 | | - | cooperation with community -based social service |
|---|
| 9223 | | - | agencies, employing licensed personnel. The |
|---|
| 9224 | | - | report shall include, but not be limited to, the |
|---|
| 9225 | | - | identification of at -risk elderly, |
|---|
| 9226 | | - | transportation services, case management |
|---|
| 9227 | | - | services, nutrition services, health services, |
|---|
| 9228 | | - | and socialization activities and programs. The |
|---|
| 9229 | | - | goal of strategies outlined should be to enhance |
|---|
| 9230 | | - | the quality of life and welfare of Missouri's |
|---|
| 9231 | | - | elderly population, and specifically Missouri's |
|---|
| 9232 | | - | at-risk elderly. |
|---|
| 9233 | | - | 2. The report required by subsection 1 of |
|---|
| 9234 | | - | this section shall be delivered to the governor, |
|---|
| 9235 | | - | the president pro tem of the senate, and the |
|---|
| 9236 | | - | speaker of the house not later than January 1, |
|---|
| 9237 | | - | 236 |
|---|
| 9238 | | - | 1995. The report shall identify effective and |
|---|
| 9239 | | - | efficient methods of delivering necessary |
|---|
| 9240 | | - | services to at-risk elderly.] |
|---|
| 9241 | | - | [210.154. 1. There is hereby created |
|---|
| 9242 | | - | within the department of social services the |
|---|
| 9243 | | - | "Missouri Task Force on the Prevention of Infant |
|---|
| 9244 | | - | Abuse and Neglect" to study and make |
|---|
| 9245 | | - | recommendations to the governor and general |
|---|
| 9246 | | - | assembly concerning the prevention of infant |
|---|
| 9247 | | - | abuse and neglect in Missouri. The task force |
|---|
| 9248 | | - | shall consist of the following nine members: |
|---|
| 9249 | | - | (1) Two members of the senate from |
|---|
| 9250 | | - | different political parties, appointed by the |
|---|
| 9251 | | - | president pro tempore of the senate; |
|---|
| 9252 | | - | (2) Two members of the house of |
|---|
| 9253 | | - | representatives from different political |
|---|
| 9254 | | - | parties, appointed by the speaker of the house |
|---|
| 9255 | | - | of representatives; |
|---|
| 9256 | | - | (3) The director of the department of |
|---|
| 9257 | | - | social services, or his or her designee; |
|---|
| 9258 | | - | (4) The director of the de partment of |
|---|
| 9259 | | - | health and senior services, or his or her |
|---|
| 9260 | | - | designee; |
|---|
| 9261 | | - | (5) A SAFE CARE provider as described in |
|---|
| 9262 | | - | section 334.950; |
|---|
| 9263 | | - | (6) A representative of a child advocacy |
|---|
| 9264 | | - | organization specializing in prevention of child |
|---|
| 9265 | | - | abuse and neglect; and |
|---|
| 9266 | | - | (7) A representative of a licensed |
|---|
| 9267 | | - | Missouri hospital or licensed Missouri birthing |
|---|
| 9268 | | - | center. |
|---|
| 9269 | | - | Members of the task force, other than the |
|---|
| 9270 | | - | legislative members and the directors of state |
|---|
| 9271 | | - | departments, shall be appointed by the governor |
|---|
| 9272 | | - | with the advice and c onsent of the senate by |
|---|
| 9273 | | - | September 15, 2016. |
|---|
| 9274 | | - | 2. A majority vote of a quorum of the task |
|---|
| 9275 | | - | force is required for any action. |
|---|
| 9276 | | - | 3. The task force shall elect a chair and |
|---|
| 9277 | | - | vice chair at its first meeting, which shall be |
|---|
| 9278 | | - | convened by the director of t he department of |
|---|
| 9279 | | - | social services, or his or her designee, no |
|---|
| 9280 | | - | later than October 1, 2016. Meetings may be |
|---|
| 9281 | | - | held by telephone or video conference at the |
|---|
| 9282 | | - | discretion of the chair. |
|---|
| 9283 | | - | 237 |
|---|
| 9284 | | - | 4. Members shall serve on the task force |
|---|
| 9285 | | - | without compensation but may , subject to |
|---|
| 9286 | | - | appropriations, be reimbursed for actual and |
|---|
| 9287 | | - | necessary expenses incurred in the performance |
|---|
| 9288 | | - | of their official duties as members of the task |
|---|
| 9289 | | - | force. |
|---|
| 9290 | | - | 5. On or before December 31, 2016, the |
|---|
| 9291 | | - | task force shall submit a report on its findin gs |
|---|
| 9292 | | - | and recommendations to the governor and general |
|---|
| 9293 | | - | assembly. |
|---|
| 9294 | | - | 6. The task shall develop recommendations |
|---|
| 9295 | | - | to reduce infant abuse and neglect, including |
|---|
| 9296 | | - | but not limited to: |
|---|
| 9297 | | - | (1) Sharing information between the |
|---|
| 9298 | | - | children's division and hospitals and birthing |
|---|
| 9299 | | - | centers for the purpose of identifying newborn |
|---|
| 9300 | | - | infants who may be at risk of abuse and neglect; |
|---|
| 9301 | | - | and |
|---|
| 9302 | | - | (2) Training division employees and |
|---|
| 9303 | | - | medical providers to recognize the signs of |
|---|
| 9304 | | - | infant child abuse and neglect. |
|---|
| 9305 | | - | The recommendations may include proposals for |
|---|
| 9306 | | - | specific statutory and regulatory changes and |
|---|
| 9307 | | - | methods to foster cooperation between state and |
|---|
| 9308 | | - | local governmental bodies, medical providers, |
|---|
| 9309 | | - | and child welfare agencies. |
|---|
| 9310 | | - | 7. The task force shall expire on January |
|---|
| 9311 | | - | 1, 2017, or upon submission of a report as |
|---|
| 9312 | | - | provided for under subsection 5 of this section. ] |
|---|
| 9313 | | - | [210.1030. 1. There is hereby created the |
|---|
| 9314 | | - | "Trauma-Informed Care for Children and Families |
|---|
| 9315 | | - | Task Force". The mission of the task force |
|---|
| 9316 | | - | shall be to promote the healthy development of |
|---|
| 9317 | | - | children and their families living in Missouri |
|---|
| 9318 | | - | communities by promoting comprehensive trauma - |
|---|
| 9319 | | - | informed children and family support systems and |
|---|
| 9320 | | - | interagency cooperation. |
|---|
| 9321 | | - | 2. The task force shall consist of the |
|---|
| 9322 | | - | following members: |
|---|
| 9323 | | - | (1) The directors, or their designees, of |
|---|
| 9324 | | - | the departments of elementary and secondary |
|---|
| 9325 | | - | education, health and senior services, mental |
|---|
| 9326 | | - | health, social services, public safety, and |
|---|
| 9327 | | - | corrections; |
|---|
| 9328 | | - | 238 |
|---|
| 9329 | | - | (2) The director, or his or her designee , |
|---|
| 9330 | | - | of the office of child advocate; |
|---|
| 9331 | | - | (3) Six members from the private sector |
|---|
| 9332 | | - | with knowledge of trauma -informed care methods, |
|---|
| 9333 | | - | two of whom shall be appointed by the speaker of |
|---|
| 9334 | | - | the house of representatives, one of whom shall |
|---|
| 9335 | | - | be appointed by the minor ity leader of the house |
|---|
| 9336 | | - | of representatives, two of whom shall be |
|---|
| 9337 | | - | appointed by the president pro tempore of the |
|---|
| 9338 | | - | senate, and one of whom shall be appointed by |
|---|
| 9339 | | - | the minority leader of the senate; |
|---|
| 9340 | | - | (4) Two members of the house of |
|---|
| 9341 | | - | representatives appoi nted by the speaker of the |
|---|
| 9342 | | - | house of representatives and one member of the |
|---|
| 9343 | | - | house of representatives appointed by the |
|---|
| 9344 | | - | minority leader of the house of representatives; |
|---|
| 9345 | | - | (5) Two members of the senate appointed by |
|---|
| 9346 | | - | the president pro tempore of the senat e and one |
|---|
| 9347 | | - | member of the senate appointed by the minority |
|---|
| 9348 | | - | leader of the senate; and |
|---|
| 9349 | | - | (6) The executive director, or his or her |
|---|
| 9350 | | - | designee, of the Missouri Juvenile Justice |
|---|
| 9351 | | - | Association. |
|---|
| 9352 | | - | 3. The task force shall incorporate |
|---|
| 9353 | | - | evidence-based and evidence-informed best |
|---|
| 9354 | | - | practices including, but not limited to, the |
|---|
| 9355 | | - | Missouri Model: A Developmental Framework for |
|---|
| 9356 | | - | Trauma-Informed, with respect to: |
|---|
| 9357 | | - | (1) Early identification of children and |
|---|
| 9358 | | - | youth and their families, as appropriate, who |
|---|
| 9359 | | - | have experienced or are at risk of experiencing |
|---|
| 9360 | | - | trauma; |
|---|
| 9361 | | - | (2) The expeditious referral of such |
|---|
| 9362 | | - | children and youth and their families, as |
|---|
| 9363 | | - | appropriate, who require specialized services to |
|---|
| 9364 | | - | the appropriate trauma -informed support |
|---|
| 9365 | | - | services, including treatment, in accordance |
|---|
| 9366 | | - | with applicable privacy laws; and |
|---|
| 9367 | | - | (3) The implementation of trauma -informed |
|---|
| 9368 | | - | approaches and interventions in child and youth - |
|---|
| 9369 | | - | serving schools, organizations, homes, and other |
|---|
| 9370 | | - | settings to foster safe, stable, and nurturing |
|---|
| 9371 | | - | environments and relationships that prevent and |
|---|
| 9372 | | - | mitigate the effects of trauma. |
|---|
| 9373 | | - | 4. The department of social services shall |
|---|
| 9374 | | - | provide such research, clerical, technical, and |
|---|
| 9375 | | - | 239 |
|---|
| 9376 | | - | other services as the task force may require in |
|---|
| 9377 | | - | the performance of its duties. |
|---|
| 9378 | | - | 5. The task force, its members, and any |
|---|
| 9379 | | - | staff assigned to the task force shall receive |
|---|
| 9380 | | - | reimbursement for their actual and necessary |
|---|
| 9381 | | - | expenses incurred in attending meetings of the |
|---|
| 9382 | | - | task force or any subcommittee thereof. |
|---|
| 9383 | | - | 6. The task force shall meet w ithin two |
|---|
| 9384 | | - | months of August 28, 2018. |
|---|
| 9385 | | - | 7. The task force shall report a summary |
|---|
| 9386 | | - | of its activities and any recommendations for |
|---|
| 9387 | | - | legislation to the general assembly and to the |
|---|
| 9388 | | - | joint committee on child abuse and neglect under |
|---|
| 9389 | | - | section 21.771 by January 1, 2019. |
|---|
| 9390 | | - | 8. The task force shall terminate on |
|---|
| 9391 | | - | January 1, 2019.] |
|---|
| 9392 | | - | [215.263. 1. For purposes of sections |
|---|
| 9393 | | - | 215.261 to 215.263, the term "affordable |
|---|
| 9394 | | - | housing" means all residential structures newly |
|---|
| 9395 | | - | constructed or rehabilitated, which a person |
|---|
| 9396 | | - | earning one hundred fifteen percent or less of |
|---|
| 9397 | | - | the median income for the person's county, as |
|---|
| 9398 | | - | determined by the United States Census Bureau's |
|---|
| 9399 | | - | American Community Survey, based on the most |
|---|
| 9400 | | - | recent of five-year period estimate data in |
|---|
| 9401 | | - | which the final year of the estimate ends in |
|---|
| 9402 | | - | either zero or five, could afford if spending |
|---|
| 9403 | | - | twenty-nine percent of that person's gross |
|---|
| 9404 | | - | income annually on such housing. |
|---|
| 9405 | | - | 2. Clerical, research and general |
|---|
| 9406 | | - | administrative support staff for the commission |
|---|
| 9407 | | - | shall be provided by the Missouri department of |
|---|
| 9408 | | - | economic development. ] |
|---|
| 9409 | | - | [217.147. 1. There is hereby created the |
|---|
| 9410 | | - | "Sentencing and Corrections Oversight |
|---|
| 9411 | | - | Commission". The commission shall be composed |
|---|
| 9412 | | - | of thirteen members as follows: |
|---|
| 9413 | | - | (1) A circuit court judge to be appointed |
|---|
| 9414 | | - | by the chief justice of the Missouri supreme |
|---|
| 9415 | | - | court; |
|---|
| 9416 | | - | (2) Three members to be appointed by the |
|---|
| 9417 | | - | governor with the advice and consent of the |
|---|
| 9418 | | - | senate, one of whom shall be a victim's |
|---|
| 9419 | | - | advocate, one of whom shall be a representative |
|---|
| 9420 | | - | from the Missouri Sheriffs' Association, and one |
|---|
| 9421 | | - | 240 |
|---|
| 9422 | | - | of whom shall be a representative of the |
|---|
| 9423 | | - | Missouri Association of Counties; |
|---|
| 9424 | | - | (3) The following shall be ex officio, |
|---|
| 9425 | | - | voting members: |
|---|
| 9426 | | - | (a) The chair of the senate judiciary |
|---|
| 9427 | | - | committee, or any successor committee that |
|---|
| 9428 | | - | reviews legislation involving crime and criminal |
|---|
| 9429 | | - | procedure, who shall serve as co -chair of the |
|---|
| 9430 | | - | commission and the ranking minority member of |
|---|
| 9431 | | - | such senate committee; |
|---|
| 9432 | | - | (b) The chair of the appropriations -public |
|---|
| 9433 | | - | safety and corrections committee of the house of |
|---|
| 9434 | | - | representatives, or any successor committee that |
|---|
| 9435 | | - | reviews similar legislation, who shall serve as |
|---|
| 9436 | | - | co-chair and the ranking minority member of such |
|---|
| 9437 | | - | house committee; |
|---|
| 9438 | | - | (c) The director of the Missouri st ate |
|---|
| 9439 | | - | public defender system, or his or her designee |
|---|
| 9440 | | - | who is a practicing public defender; |
|---|
| 9441 | | - | (d) The executive director of the Missouri |
|---|
| 9442 | | - | office of prosecution services, or his or her |
|---|
| 9443 | | - | designee who is a practicing prosecutor; |
|---|
| 9444 | | - | (e) The director of the department of |
|---|
| 9445 | | - | corrections, or his or her designee; |
|---|
| 9446 | | - | (f) The chairman of the board of probation |
|---|
| 9447 | | - | and parole, or his or her designee; |
|---|
| 9448 | | - | (g) The chief justice of the Missouri |
|---|
| 9449 | | - | supreme court, or his or her designee. |
|---|
| 9450 | | - | 2. Beginning with the appo intments made |
|---|
| 9451 | | - | after August 28, 2012, the circuit court judge |
|---|
| 9452 | | - | member shall be appointed for four years, two of |
|---|
| 9453 | | - | the members appointed by the governor shall be |
|---|
| 9454 | | - | appointed for three years, and one member |
|---|
| 9455 | | - | appointed by the governor shall be appointed for |
|---|
| 9456 | | - | two years. Thereafter, the members shall be |
|---|
| 9457 | | - | appointed to serve four -year terms and shall |
|---|
| 9458 | | - | serve until a successor is appointed. A vacancy |
|---|
| 9459 | | - | in the office of a member shall be filled by |
|---|
| 9460 | | - | appointment for the remainder of the unexpired |
|---|
| 9461 | | - | term. |
|---|
| 9462 | | - | 3. The co-chairs are responsible for |
|---|
| 9463 | | - | establishing and enforcing attendance and voting |
|---|
| 9464 | | - | rules, bylaws, and the frequency, location, and |
|---|
| 9465 | | - | time of meetings, and distributing meeting |
|---|
| 9466 | | - | notices, except that the commission's first |
|---|
| 9467 | | - | meeting shall occur by February 28, 2013 , and |
|---|
| 9468 | | - | 241 |
|---|
| 9469 | | - | the commission shall meet at least twice each |
|---|
| 9470 | | - | calendar year. |
|---|
| 9471 | | - | 4. The duties of the commission shall |
|---|
| 9472 | | - | include: |
|---|
| 9473 | | - | (1) Monitoring and assisting the |
|---|
| 9474 | | - | implementation of sections 217.703, 217.718, and |
|---|
| 9475 | | - | subsection 4 of section 559.036, and evalua ting |
|---|
| 9476 | | - | recidivism reductions, cost savings, and other |
|---|
| 9477 | | - | effects resulting from the implementation; |
|---|
| 9478 | | - | (2) Determining ways to reinvest any cost |
|---|
| 9479 | | - | savings to pay for the continued implementation |
|---|
| 9480 | | - | of the sections listed in subdivision (1) of |
|---|
| 9481 | | - | this subsection and other evidence-based |
|---|
| 9482 | | - | practices for reducing recidivism; and |
|---|
| 9483 | | - | (3) Examining the issue of restitution for |
|---|
| 9484 | | - | crime victims, including the amount ordered and |
|---|
| 9485 | | - | collected annually, methods and costs of |
|---|
| 9486 | | - | collection, and restitution's order of priority |
|---|
| 9487 | | - | in official procedures and documents. |
|---|
| 9488 | | - | 5. The department, board, and office of |
|---|
| 9489 | | - | state courts administrator shall collect and |
|---|
| 9490 | | - | report any data requested by the commission in a |
|---|
| 9491 | | - | timely fashion. |
|---|
| 9492 | | - | 6. The commission shall issue a report to |
|---|
| 9493 | | - | the speaker of the house of representatives, |
|---|
| 9494 | | - | senate president pro tempore, chief justice of |
|---|
| 9495 | | - | the Missouri supreme court, and governor on |
|---|
| 9496 | | - | December 31, 2013, and annually thereafter, |
|---|
| 9497 | | - | detailing the effects of the sections listed in |
|---|
| 9498 | | - | subdivision (1) of subsection 4 a nd providing |
|---|
| 9499 | | - | the data and analysis demonstrating those |
|---|
| 9500 | | - | effects. The report may also recommend ways to |
|---|
| 9501 | | - | reinvest any cost savings into evidence -based |
|---|
| 9502 | | - | practices to reduce recidivism and possible |
|---|
| 9503 | | - | changes to sentencing and corrections policies |
|---|
| 9504 | | - | and statutes. |
|---|
| 9505 | | - | 7. The department of corrections shall |
|---|
| 9506 | | - | provide administrative support to the commission |
|---|
| 9507 | | - | to carry out the duties of this section. |
|---|
| 9508 | | - | 8. No member shall receive any |
|---|
| 9509 | | - | compensation for the performance of official |
|---|
| 9510 | | - | duties, but the members who are not otherwise |
|---|
| 9511 | | - | reimbursed by their agency shall be reimbursed |
|---|
| 9512 | | - | for travel and other expenses actually and |
|---|
| 9513 | | - | necessarily incurred in the performance of their |
|---|
| 9514 | | - | duties. |
|---|
| 9515 | | - | 242 |
|---|
| 9516 | | - | 9. The provisions of this section shall |
|---|
| 9517 | | - | automatically expire on August 28, 2018. ] |
|---|
| 9518 | | - | [227.817. The portion of U.S. Highway 169 |
|---|
| 9519 | | - | from State Highway VV continuing to State |
|---|
| 9520 | | - | Highway DD in Clinton and Clay counties shall be |
|---|
| 9521 | | - | designated the "Championship Way". The |
|---|
| 9522 | | - | department of transportation shall erect and |
|---|
| 9523 | | - | maintain appropriate signs designating such |
|---|
| 9524 | | - | highway, with the costs to be paid by private |
|---|
| 9525 | | - | donations. This designation shall expire on |
|---|
| 9526 | | - | December 31, 2022.] |
|---|
| 9527 | | - | [252.300. 1. Sections 252.300 to 252.333 |
|---|
| 9528 | | - | shall be known and may be cited as "The Missouri |
|---|
| 9529 | | - | Economic Diversification and Afforestation Act |
|---|
| 9530 | | - | of 1990". |
|---|
| 9531 | | - | 2. It is the intent of sections 252.300 to |
|---|
| 9532 | | - | 252.333 to address environmental, economic, and |
|---|
| 9533 | | - | social programs with a long -term, integrated |
|---|
| 9534 | | - | strategy that will result in soil conservation, |
|---|
| 9535 | | - | improved water and air quality, enhanced |
|---|
| 9536 | | - | wildlife habitat, increased job opportunities, |
|---|
| 9537 | | - | and reduced social problems, to the benefit of |
|---|
| 9538 | | - | all citizens of the state of Missouri. ] |
|---|
| 9539 | | - | [252.303. The department may develop and |
|---|
| 9540 | | - | implement, in cooperation with the University of |
|---|
| 9541 | | - | Missouri college of agriculture, the University |
|---|
| 9542 | | - | of Missouri center for agroforestry, the |
|---|
| 9543 | | - | University of Missouri extension service, the |
|---|
| 9544 | | - | Missouri department of natural resources, |
|---|
| 9545 | | - | private industry councils and the Missouri |
|---|
| 9546 | | - | department of agriculture, an agroforestry |
|---|
| 9547 | | - | program. The program shall be designed to |
|---|
| 9548 | | - | encourage the development of a state program of |
|---|
| 9549 | | - | agroforestry, and shall encourage soil |
|---|
| 9550 | | - | conservation and diversifications of the state's |
|---|
| 9551 | | - | agricultural base through the use of trees |
|---|
| 9552 | | - | planted in an agroforestry configuration to |
|---|
| 9553 | | - | accommodate alley cropping, forested -riparian |
|---|
| 9554 | | - | buffers, silvopasture and windbreaks. ] |
|---|
| 9555 | | - | [252.306. As used in sections 252.300 to |
|---|
| 9556 | | - | 252.333, the following terms shall mean: |
|---|
| 9557 | | - | (1) "Alley cropping", planting rows of |
|---|
| 9558 | | - | trees at wide spacings and cropping the |
|---|
| 9559 | | - | alleyways; |
|---|
| 9560 | | - | 243 |
|---|
| 9561 | | - | (2) "Conservation reserve program", the |
|---|
| 9562 | | - | conservation reserve program authorized by the |
|---|
| 9563 | | - | Federal Food Security Act of 1985, as amended, |
|---|
| 9564 | | - | (Title XII, P.L. 99-198), or its successor |
|---|
| 9565 | | - | program; |
|---|
| 9566 | | - | (3) "Department", the Missouri department |
|---|
| 9567 | | - | of conservation; |
|---|
| 9568 | | - | (4) "Director", the director of the |
|---|
| 9569 | | - | Missouri department of conservation; |
|---|
| 9570 | | - | (5) "Eligible land", agricultural land |
|---|
| 9571 | | - | which is susceptible to soil erosion that h as a |
|---|
| 9572 | | - | recent cropping history, marginal pastureland, |
|---|
| 9573 | | - | land surrounding livestock enclosures and |
|---|
| 9574 | | - | riparian zones; |
|---|
| 9575 | | - | (6) "Eligible practices", single or |
|---|
| 9576 | | - | multiple rows of trees, alone or combined with |
|---|
| 9577 | | - | other plants such as grass, conventional row |
|---|
| 9578 | | - | crops or horticulture crops, and animals located |
|---|
| 9579 | | - | at intervals of distance within or around |
|---|
| 9580 | | - | fields, around livestock enclosures, and along |
|---|
| 9581 | | - | streams and rivers, specifically designed to |
|---|
| 9582 | | - | provide production and environmental enhancement |
|---|
| 9583 | | - | benefits in accordance wi th the practices |
|---|
| 9584 | | - | identified in section 252.303; |
|---|
| 9585 | | - | (7) "Enhancement phase", the period of |
|---|
| 9586 | | - | time, not to exceed ten years, immediately |
|---|
| 9587 | | - | following the establishment phase, during which |
|---|
| 9588 | | - | payments are made by the state of Missouri to |
|---|
| 9589 | | - | landowners who use th eir eligible land for |
|---|
| 9590 | | - | agroforestry purposes as required by the |
|---|
| 9591 | | - | department; |
|---|
| 9592 | | - | (8) "Establishment phase", the period of |
|---|
| 9593 | | - | time during which eligible land is being |
|---|
| 9594 | | - | prepared for planting trees and developing |
|---|
| 9595 | | - | agroforestry practices, as determined by the |
|---|
| 9596 | | - | director of the department; |
|---|
| 9597 | | - | (9) "Forested-riparian buffers", a |
|---|
| 9598 | | - | combination of trees and other vegetation |
|---|
| 9599 | | - | established parallel to streams and rivers; |
|---|
| 9600 | | - | (10) "Silvopasture", combining trees with |
|---|
| 9601 | | - | forage and livestock; |
|---|
| 9602 | | - | (11) "Windbreaks", planting single or |
|---|
| 9603 | | - | multiple rows of trees for protection and |
|---|
| 9604 | | - | enhanced production of crops and animals. ] |
|---|
| 9605 | | - | 244 |
|---|
| 9606 | | - | [252.309. 1. The director may enter into |
|---|
| 9607 | | - | agreements with individual landowners to make |
|---|
| 9608 | | - | incentive payments during the enhancement pha se |
|---|
| 9609 | | - | to landowners. Recipients of such payments |
|---|
| 9610 | | - | shall utilize the land for which such payment is |
|---|
| 9611 | | - | made for agroforestry purposes as required by |
|---|
| 9612 | | - | the director pursuant to sections 252.300 to |
|---|
| 9613 | | - | 252.333. |
|---|
| 9614 | | - | 2. The amount of state incentive payment |
|---|
| 9615 | | - | made to a landowner per acre of eligible land |
|---|
| 9616 | | - | shall be an amount which, when added to any cash |
|---|
| 9617 | | - | or in-kind net income produced by crops raised |
|---|
| 9618 | | - | on the land, is substantially equal to the |
|---|
| 9619 | | - | amount per acre previously paid or which would |
|---|
| 9620 | | - | have been paid to the land owner under the |
|---|
| 9621 | | - | federal conservation reserve program. |
|---|
| 9622 | | - | 3. If an application made pursuant to |
|---|
| 9623 | | - | section 252.315 is approved by the director, the |
|---|
| 9624 | | - | director shall develop a schedule of annual |
|---|
| 9625 | | - | payments to be made by the state. |
|---|
| 9626 | | - | 4. The state shall not make any payment to |
|---|
| 9627 | | - | a landowner to maintain the use of eligible land |
|---|
| 9628 | | - | during the enhancement phase for agroforestry |
|---|
| 9629 | | - | purposes after ten years have elapsed since the |
|---|
| 9630 | | - | first such incentive payment is made. ] |
|---|
| 9631 | | - | [252.312. The state payments pr ovided for |
|---|
| 9632 | | - | in sections 252.309, 252.330, and 252.333 may be |
|---|
| 9633 | | - | made from funds available to the department of |
|---|
| 9634 | | - | conservation, soil conservation funds made |
|---|
| 9635 | | - | available by the department of natural resources |
|---|
| 9636 | | - | from the tax imposed by Sections 47(a), 47(b) |
|---|
| 9637 | | - | and 47(c) of Article IV of the Constitution of |
|---|
| 9638 | | - | Missouri, funds appropriated by the general |
|---|
| 9639 | | - | assembly for that purpose, grants, bequests or |
|---|
| 9640 | | - | gifts, or any combination thereof. ] |
|---|
| 9641 | | - | [252.315. 1. To participate in the |
|---|
| 9642 | | - | program, the landowner shall m ake application to |
|---|
| 9643 | | - | the director in writing. The written |
|---|
| 9644 | | - | application shall show the number of acres to be |
|---|
| 9645 | | - | placed in the program and that the land which is |
|---|
| 9646 | | - | to be placed in the agroforestry program meets |
|---|
| 9647 | | - | the eligibility requirements of this section. |
|---|
| 9648 | | - | The application shall also contain a detailed |
|---|
| 9649 | | - | plan of the landowner's proposal to meet the |
|---|
| 9650 | | - | requirements of sections 252.300 to 252.333, |
|---|
| 9651 | | - | 245 |
|---|
| 9652 | | - | including the type and number of trees to be |
|---|
| 9653 | | - | planted, established, or managed, the type of |
|---|
| 9654 | | - | compatible grass, other c rops and such other |
|---|
| 9655 | | - | information as may be deemed necessary. The |
|---|
| 9656 | | - | number of trees required to satisfy eligibility |
|---|
| 9657 | | - | may vary with agroforestry practice, but in each |
|---|
| 9658 | | - | case shall be a sufficient number to guarantee |
|---|
| 9659 | | - | the success of the practice and shall be |
|---|
| 9660 | | - | consistent with standards established for each |
|---|
| 9661 | | - | practice. |
|---|
| 9662 | | - | 2. The director shall review each |
|---|
| 9663 | | - | application. In reviewing the application the |
|---|
| 9664 | | - | director shall determine the type or types of |
|---|
| 9665 | | - | soil located in the area of the land proposed to |
|---|
| 9666 | | - | be included in the agroforestry program and |
|---|
| 9667 | | - | shall apply the land capability classification |
|---|
| 9668 | | - | system to determine the potential or limitations |
|---|
| 9669 | | - | of the land for inclusion in the program. |
|---|
| 9670 | | - | Before the director acts upon the application, |
|---|
| 9671 | | - | an on-site inspection shall be ma de by a |
|---|
| 9672 | | - | representative of the department of conservation |
|---|
| 9673 | | - | or its approved agent. The inspecting |
|---|
| 9674 | | - | representative shall attest to the efficacy of |
|---|
| 9675 | | - | the agroforestry plan to be used, the number of |
|---|
| 9676 | | - | acres to be placed under agroforestry |
|---|
| 9677 | | - | management, the speci es and number of trees to |
|---|
| 9678 | | - | be planted, established, or managed, and other |
|---|
| 9679 | | - | crop components of the proposed program. After |
|---|
| 9680 | | - | the report of the on -site inspector and the |
|---|
| 9681 | | - | review by the director, the director shall |
|---|
| 9682 | | - | determine the landowner's eligibility to |
|---|
| 9683 | | - | participate in the agroforestry program and |
|---|
| 9684 | | - | shall determine the amount of cost sharing, |
|---|
| 9685 | | - | including in-kind and labor components, for the |
|---|
| 9686 | | - | landowner. If the director fails to approve an |
|---|
| 9687 | | - | application, the aggrieved landowner may request |
|---|
| 9688 | | - | a hearing before the conservation commission or |
|---|
| 9689 | | - | its authorized representative within thirty days |
|---|
| 9690 | | - | of notice to the landowner of the failure of the |
|---|
| 9691 | | - | conservation department to approve the |
|---|
| 9692 | | - | application, or the landowner may proceed under |
|---|
| 9693 | | - | the provisions of section 536.150 as if the act |
|---|
| 9694 | | - | of the conservation department was one not |
|---|
| 9695 | | - | subject to administrative review. If an action |
|---|
| 9696 | | - | is brought pursuant to section 536.150, venue |
|---|
| 9697 | | - | shall be in Cole County. ] |
|---|
| 9698 | | - | 246 |
|---|
| 9699 | | - | [252.318. 1. All land participating in |
|---|
| 9700 | | - | the agroforestry pro gram shall be inspected |
|---|
| 9701 | | - | annually by a representative of the director, to |
|---|
| 9702 | | - | ensure that the land continues to comply with |
|---|
| 9703 | | - | the requirements of sections 252.300 to 252.333 |
|---|
| 9704 | | - | and that practice specifications are being |
|---|
| 9705 | | - | maintained in accordance with applicable rules |
|---|
| 9706 | | - | and regulations. |
|---|
| 9707 | | - | 2. If the annual inspection determines |
|---|
| 9708 | | - | that the land is no longer in compliance with |
|---|
| 9709 | | - | the provisions of sections 252.300 to 252.333 or |
|---|
| 9710 | | - | with the rules and regulations promulgated |
|---|
| 9711 | | - | pursuant to the provisions of sections 252.30 0 |
|---|
| 9712 | | - | to 252.333, the director shall notify the |
|---|
| 9713 | | - | landowner of that fact and shall detail the |
|---|
| 9714 | | - | specifics in which the land fails to meet the |
|---|
| 9715 | | - | requirements. The landowner may respond to the |
|---|
| 9716 | | - | notice within thirty days of receipt, either by |
|---|
| 9717 | | - | contesting the inspe ction report or by providing |
|---|
| 9718 | | - | the director with a proposal to correct the |
|---|
| 9719 | | - | problems which form the basis of the notice. If |
|---|
| 9720 | | - | the landowner contests the findings of the |
|---|
| 9721 | | - | annual inspection, the aggrieved landowner may |
|---|
| 9722 | | - | request a hearing before the conservati on |
|---|
| 9723 | | - | commission or its authorized representative or |
|---|
| 9724 | | - | the landowner may proceed under the provisions |
|---|
| 9725 | | - | of section 536.150, as if the act of the |
|---|
| 9726 | | - | conservation department was one not subject to |
|---|
| 9727 | | - | administrative review. If an action is brought |
|---|
| 9728 | | - | pursuant to section 536.150, venue shall be in |
|---|
| 9729 | | - | Cole County. If the landowner provides the |
|---|
| 9730 | | - | director with a proposal to correct the problems |
|---|
| 9731 | | - | which form the basis of the notice, the director |
|---|
| 9732 | | - | shall review the proposal and, if the director |
|---|
| 9733 | | - | finds such proposal acceptable, shall allow the |
|---|
| 9734 | | - | landowner to implement the proposal to correct |
|---|
| 9735 | | - | the alleged problems and shall not suspend the |
|---|
| 9736 | | - | annual payment to the landowner under the |
|---|
| 9737 | | - | provisions of sections 252.300 to 252.333. If |
|---|
| 9738 | | - | the landowner is unable or unwilling to correct |
|---|
| 9739 | | - | the alleged problems in a manner acceptable to |
|---|
| 9740 | | - | the director, the landowner shall not receive |
|---|
| 9741 | | - | the subsequent payments due under the provisions |
|---|
| 9742 | | - | of sections 252.300 to 252.333. ] |
|---|
| 9743 | | - | 247 |
|---|
| 9744 | | - | [252.321. The University of Missouri |
|---|
| 9745 | | - | center for agroforestry an d extension service, |
|---|
| 9746 | | - | in consultation with the director, shall |
|---|
| 9747 | | - | establish agroforestry demonstration areas, and |
|---|
| 9748 | | - | develop and deliver the educational components |
|---|
| 9749 | | - | of sections 252.300 to 252.333. ] |
|---|
| 9750 | | - | [252.324. 1. The director may promulgate |
|---|
| 9751 | | - | rules and regulations necessary to carry out the |
|---|
| 9752 | | - | provisions of sections 252.300 to 252.333. |
|---|
| 9753 | | - | Before promulgating any such rule, the director |
|---|
| 9754 | | - | shall seek the advice and comments of the |
|---|
| 9755 | | - | University of Missouri college of agriculture, |
|---|
| 9756 | | - | the University of Misso uri center for |
|---|
| 9757 | | - | agroforestry, the University of Missouri |
|---|
| 9758 | | - | extension service, the Missouri department of |
|---|
| 9759 | | - | natural resources, private industry councils, |
|---|
| 9760 | | - | the Missouri department of economic development |
|---|
| 9761 | | - | and the Missouri department of agriculture. The |
|---|
| 9762 | | - | director may seek advice and comments before |
|---|
| 9763 | | - | promulgating rules and regulations from the |
|---|
| 9764 | | - | United States Department of Agriculture and any |
|---|
| 9765 | | - | other entities deemed advisable by the |
|---|
| 9766 | | - | director. No rule or portion of a rule |
|---|
| 9767 | | - | promulgated under the authority of this chapter |
|---|
| 9768 | | - | shall become effective unless it has been |
|---|
| 9769 | | - | promulgated pursuant to the provisions of |
|---|
| 9770 | | - | chapter 536. |
|---|
| 9771 | | - | 2. The Missouri department of conservation |
|---|
| 9772 | | - | may contract with the division of soil and water |
|---|
| 9773 | | - | conservation of the Missouri department of |
|---|
| 9774 | | - | natural resources for any administrative |
|---|
| 9775 | | - | functions required under the provisions of |
|---|
| 9776 | | - | sections 252.300 to 252.333. ] |
|---|
| 9777 | | - | [252.327. 1. The department of |
|---|
| 9778 | | - | conservation and the department of economic |
|---|
| 9779 | | - | development and the University of Missouri |
|---|
| 9780 | | - | college of agriculture shall, by each of the |
|---|
| 9781 | | - | dates specified in subsection 2 of this section, |
|---|
| 9782 | | - | jointly produce a report on the agroforestry |
|---|
| 9783 | | - | program which: |
|---|
| 9784 | | - | (1) Provides a status report on the |
|---|
| 9785 | | - | afforestation aspects of the agroforestry |
|---|
| 9786 | | - | program by presenting a forecast of anticipated |
|---|
| 9787 | | - | economic developments from the afforestation in |
|---|
| 9788 | | - | 248 |
|---|
| 9789 | | - | the state as a result of the agroforestry |
|---|
| 9790 | | - | program; |
|---|
| 9791 | | - | (2) Suggests public or private sector |
|---|
| 9792 | | - | initiatives that will potentially serve to |
|---|
| 9793 | | - | maximize the economic benefits for related new |
|---|
| 9794 | | - | development and expansion of existing businesses |
|---|
| 9795 | | - | resulting from the agroforestry program; |
|---|
| 9796 | | - | (3) Suggests methods to promote the |
|---|
| 9797 | | - | development of wood and other forestry related |
|---|
| 9798 | | - | products; |
|---|
| 9799 | | - | (4) Suggests public or private sector |
|---|
| 9800 | | - | initiatives or methods which will result in |
|---|
| 9801 | | - | significant increases in job opportunities and |
|---|
| 9802 | | - | employment. |
|---|
| 9803 | | - | 2. The report shall be submitted to the |
|---|
| 9804 | | - | governor and to the general assembly by January |
|---|
| 9805 | | - | thirty-first of each of the following years: |
|---|
| 9806 | | - | 1996, 2001, 2006, 2011, 2016, 2021, and 2026. ] |
|---|
| 9807 | | - | [252.330. During the establishment phase, |
|---|
| 9808 | | - | the director may pay for the planting of trees |
|---|
| 9809 | | - | on eligible land which is used for agroforestry |
|---|
| 9810 | | - | pursuant to sections 252.300 to 252.333. Such |
|---|
| 9811 | | - | payment shall be limited to expenses which are |
|---|
| 9812 | | - | determined to be reasonable and necessary by the |
|---|
| 9813 | | - | director, but shall not exceed seventy -five |
|---|
| 9814 | | - | percent of the cost of establishment. ] |
|---|
| 9815 | | - | [252.333. The director may make incentive |
|---|
| 9816 | | - | payments for agroforestry purpos es of land |
|---|
| 9817 | | - | enrolled in this program. The duration of such |
|---|
| 9818 | | - | payments shall not exceed ten years. The |
|---|
| 9819 | | - | director may also expend funds to plant trees on |
|---|
| 9820 | | - | such land. Such expenditures may include both |
|---|
| 9821 | | - | planting and associated practices as determined |
|---|
| 9822 | | - | by the director.] |
|---|
| 9823 | | - | [260.900. As used in sections 260.900 to |
|---|
| 9824 | | - | 260.960, unless the context clearly indicates |
|---|
| 9825 | | - | otherwise, the following terms mean: |
|---|
| 9826 | | - | (1) "Abandoned dry-cleaning facility", any |
|---|
| 9827 | | - | real property premises or individual leasehold |
|---|
| 9828 | | - | space in which a dry-cleaning facility formerly |
|---|
| 9829 | | - | operated; |
|---|
| 9830 | | - | (2) "Active dry-cleaning facility", any |
|---|
| 9831 | | - | real property premises or individual leasehold |
|---|
| 9832 | | - | 249 |
|---|
| 9833 | | - | space in which a dry -cleaning facility currently |
|---|
| 9834 | | - | operates; |
|---|
| 9835 | | - | (3) "Chlorinated dry-cleaning solvent", |
|---|
| 9836 | | - | any dry-cleaning solvent which contains a |
|---|
| 9837 | | - | compound which has a molecular structure |
|---|
| 9838 | | - | containing the element chlorine; |
|---|
| 9839 | | - | (4) "Commission", the hazardous waste |
|---|
| 9840 | | - | management commission created in section 260.365; |
|---|
| 9841 | | - | (5) "Corrective action", those act ivities |
|---|
| 9842 | | - | described in subsection 1 of section 260.925; |
|---|
| 9843 | | - | (6) "Corrective action plan", a plan |
|---|
| 9844 | | - | approved by the director to perform corrective |
|---|
| 9845 | | - | action at a dry-cleaning facility; |
|---|
| 9846 | | - | (7) "Department", the Missouri department |
|---|
| 9847 | | - | of natural resources; |
|---|
| 9848 | | - | (8) "Director", the director of the |
|---|
| 9849 | | - | Missouri department of natural resources; |
|---|
| 9850 | | - | (9) "Dry-cleaning facility", a commercial |
|---|
| 9851 | | - | establishment that operates, or has operated in |
|---|
| 9852 | | - | the past in whole or in part for the purpose of |
|---|
| 9853 | | - | cleaning garments or other fabrics on site |
|---|
| 9854 | | - | utilizing a process that involves any use of dry - |
|---|
| 9855 | | - | cleaning solvents. Dry-cleaning facility |
|---|
| 9856 | | - | includes all contiguous land, structures and |
|---|
| 9857 | | - | other appurtenances and improvements on the land |
|---|
| 9858 | | - | used in connection with a dry -cleaning facility |
|---|
| 9859 | | - | but does not include prisons, governmental |
|---|
| 9860 | | - | entities, hotels, motels or industrial |
|---|
| 9861 | | - | laundries. Dry-cleaning facility does include |
|---|
| 9862 | | - | coin-operated dry-cleaning facilities; |
|---|
| 9863 | | - | (10) "Dry-cleaning solvent", any and all |
|---|
| 9864 | | - | nonaqueous solvents used or to be used in the |
|---|
| 9865 | | - | cleaning of garments and other fabrics at a dry - |
|---|
| 9866 | | - | cleaning facility and includes but is not |
|---|
| 9867 | | - | limited to perchloroethylene, also known as |
|---|
| 9868 | | - | tetrachloroethylene, chlorinated dry -cleaning, |
|---|
| 9869 | | - | and the products into which such solvents |
|---|
| 9870 | | - | degrade; |
|---|
| 9871 | | - | (11) "Dry-cleaning unit", a machine or |
|---|
| 9872 | | - | device which utilizes dry -cleaning solvents to |
|---|
| 9873 | | - | clean garments and other fabrics and includes |
|---|
| 9874 | | - | any associated piping and ancillary equipment |
|---|
| 9875 | | - | and any containment system; |
|---|
| 9876 | | - | (12) "Environmental response surcharge", |
|---|
| 9877 | | - | either the active dry-cleaning facility |
|---|
| 9878 | | - | 250 |
|---|
| 9879 | | - | registration surcharge or the dry -cleaning |
|---|
| 9880 | | - | solvent surcharge; |
|---|
| 9881 | | - | (13) "Fund", the dry-cleaning |
|---|
| 9882 | | - | environmental response trust fund created in |
|---|
| 9883 | | - | section 260.920; |
|---|
| 9884 | | - | (14) "Immediate response to a release", |
|---|
| 9885 | | - | containment and control of a known release in |
|---|
| 9886 | | - | excess of a reportable quantity and notification |
|---|
| 9887 | | - | to the department of any known release in excess |
|---|
| 9888 | | - | of a reportable quantity; |
|---|
| 9889 | | - | (15) "Operator", any person who is or has |
|---|
| 9890 | | - | been responsible for the operation of dry - |
|---|
| 9891 | | - | cleaning operations at a dry -cleaning facility; |
|---|
| 9892 | | - | (16) "Owner", any person who owns the real |
|---|
| 9893 | | - | property where a dry -cleaning facility is or has |
|---|
| 9894 | | - | operated; |
|---|
| 9895 | | - | (17) "Person", an individual, trust, firm, |
|---|
| 9896 | | - | joint venture, consortium, joint -stock company, |
|---|
| 9897 | | - | corporation, partnership, association or limited |
|---|
| 9898 | | - | liability company. Person does not include any |
|---|
| 9899 | | - | governmental organization; |
|---|
| 9900 | | - | (18) "Release", any spill, leak, emission, |
|---|
| 9901 | | - | discharge, escape, leak or disposal of dry - |
|---|
| 9902 | | - | cleaning solvent from a dry -cleaning facility |
|---|
| 9903 | | - | into the soils or waters of the state; |
|---|
| 9904 | | - | (19) "Reportable quantity", a known |
|---|
| 9905 | | - | release of a dry-cleaning solvent deemed |
|---|
| 9906 | | - | reportable by applicable federal or state law or |
|---|
| 9907 | | - | regulation.] |
|---|
| 9908 | | - | [260.905. 1. The commission shall |
|---|
| 9909 | | - | promulgate and adopt such initial rules and |
|---|
| 9910 | | - | regulations, effective no later than July 1, |
|---|
| 9911 | | - | 2007, as shall be necessary to carry out the |
|---|
| 9912 | | - | purposes and provisions of sections 260.900 to |
|---|
| 9913 | | - | 260.960. Prior to the promulgation of such |
|---|
| 9914 | | - | rules, the commission shall meet with |
|---|
| 9915 | | - | representatives of the dry -cleaning industry and |
|---|
| 9916 | | - | other interested parties. The commission, |
|---|
| 9917 | | - | thereafter, shall promulgate and adopt |
|---|
| 9918 | | - | additional rules and regulations or change |
|---|
| 9919 | | - | existing rules and regulations when necessary to |
|---|
| 9920 | | - | carry out the purposes and provisions of |
|---|
| 9921 | | - | sections 260.900 to 260.960. |
|---|
| 9922 | | - | 2. Any rule or regulation adopted pursuant |
|---|
| 9923 | | - | to sections 260.900 to 260.960 shall be |
|---|
| 9924 | | - | 251 |
|---|
| 9925 | | - | reasonably necessary to protect human health, to |
|---|
| 9926 | | - | preserve, protect and maintain the water and |
|---|
| 9927 | | - | other natural resources of this state and to |
|---|
| 9928 | | - | provide for prompt corrective action of releases |
|---|
| 9929 | | - | from dry-cleaning facilities. Consistent with |
|---|
| 9930 | | - | these purposes, the commission shall adopt rules |
|---|
| 9931 | | - | and regulations, effective no later than July 1, |
|---|
| 9932 | | - | 2007: |
|---|
| 9933 | | - | (1) Establishing requirements that owners |
|---|
| 9934 | | - | who close dry-cleaning facilities remove dry - |
|---|
| 9935 | | - | cleaning solvents and wastes from such |
|---|
| 9936 | | - | facilities in order to prevent any future |
|---|
| 9937 | | - | releases; |
|---|
| 9938 | | - | (2) Establishing criteria to prioritize |
|---|
| 9939 | | - | the expenditure of funds from the dry -cleaning |
|---|
| 9940 | | - | environmental response trust fund. The criteria |
|---|
| 9941 | | - | shall include consideration of: |
|---|
| 9942 | | - | (a) The benefit to be derived from |
|---|
| 9943 | | - | corrective action compared to the cost of |
|---|
| 9944 | | - | conducting such corrective action; |
|---|
| 9945 | | - | (b) The degree to which human health and |
|---|
| 9946 | | - | the environment are actually affected by |
|---|
| 9947 | | - | exposure to contamination; |
|---|
| 9948 | | - | (c) The present and future use of an |
|---|
| 9949 | | - | affected aquifer or surface water; |
|---|
| 9950 | | - | (d) The effect that interim or immediate |
|---|
| 9951 | | - | remedial measures will have on future costs; and |
|---|
| 9952 | | - | (e) Such additional factors as the |
|---|
| 9953 | | - | commission considers relevant; |
|---|
| 9954 | | - | (3) Establishing criteria under which a |
|---|
| 9955 | | - | determination may be made by the department of |
|---|
| 9956 | | - | the level at which corrective action shall be |
|---|
| 9957 | | - | deemed completed. Criteria for determining |
|---|
| 9958 | | - | completion of corrective action shall be based |
|---|
| 9959 | | - | on the factors set forth in subdivision (2) of |
|---|
| 9960 | | - | this subsection and: |
|---|
| 9961 | | - | (a) Individual site characteristics |
|---|
| 9962 | | - | including natural remediation processes; |
|---|
| 9963 | | - | (b) Applicable state water quality |
|---|
| 9964 | | - | standards; |
|---|
| 9965 | | - | (c) Whether deviation from state water |
|---|
| 9966 | | - | quality standards or from established criteria |
|---|
| 9967 | | - | is appropriate, based on the degree to which the |
|---|
| 9968 | | - | desired remediation level is achievable and may |
|---|
| 9969 | | - | be reasonably and cost effectively implemented, |
|---|
| 9970 | | - | subject to the limitati on that where a state |
|---|
| 9971 | | - | 252 |
|---|
| 9972 | | - | water quality standard is applicable, a |
|---|
| 9973 | | - | deviation may not result in the application of |
|---|
| 9974 | | - | standards more stringent than that standard; and |
|---|
| 9975 | | - | (d) Such additional factors as the |
|---|
| 9976 | | - | commission considers relevant. ] |
|---|
| 9977 | | - | [260.910. 1. No person shall: |
|---|
| 9978 | | - | (1) Operate an active dry -cleaning |
|---|
| 9979 | | - | facility in violation of sections 260.900 to |
|---|
| 9980 | | - | 260.960, rules and regulations adopted pursuant |
|---|
| 9981 | | - | to sections 260.900 to 260.960 or orders of the |
|---|
| 9982 | | - | director pursuant to sections 260.900 to |
|---|
| 9983 | | - | 260.960, or operate an active dry -cleaning |
|---|
| 9984 | | - | facility in violation of any other applicable |
|---|
| 9985 | | - | federal or state environmental statutes, rules |
|---|
| 9986 | | - | or regulations; |
|---|
| 9987 | | - | (2) Prevent or hinder a properly |
|---|
| 9988 | | - | identified officer or employee of the department |
|---|
| 9989 | | - | or other authorized agent of the director from |
|---|
| 9990 | | - | entering, inspecting, sampling or responding to |
|---|
| 9991 | | - | a release at reasonable times and with |
|---|
| 9992 | | - | reasonable advance notice to the operator as |
|---|
| 9993 | | - | authorized by sections 260.900 to 260.960; |
|---|
| 9994 | | - | (3) Knowingly make any false materia l |
|---|
| 9995 | | - | statement or representation in any record, |
|---|
| 9996 | | - | report or other document filed, maintained or |
|---|
| 9997 | | - | used for the purpose of compliance with sections |
|---|
| 9998 | | - | 260.900 to 260.960; |
|---|
| 9999 | | - | (4) Knowingly destroy, alter or conceal |
|---|
| 10000 | | - | any record required to be maintained by secti ons |
|---|
| 10001 | | - | 260.900 to 260.960 or rules and regulations |
|---|
| 10002 | | - | adopted pursuant to sections 260.900 to 260.960; |
|---|
| 10003 | | - | (5) Willfully allow a release in excess of |
|---|
| 10004 | | - | a reportable quantity or knowingly fail to make |
|---|
| 10005 | | - | an immediate response to a release in accordance |
|---|
| 10006 | | - | with sections 260.900 to 260.960 and rules and |
|---|
| 10007 | | - | regulations pursuant to sections 260.900 to |
|---|
| 10008 | | - | 260.960. |
|---|
| 10009 | | - | 2. The director may bring a civil damages |
|---|
| 10010 | | - | action against any person who violates any |
|---|
| 10011 | | - | provisions of subsection 1 of this section. |
|---|
| 10012 | | - | Such civil damages may be assessed in an amount |
|---|
| 10013 | | - | not to exceed five hundred dollars for each |
|---|
| 10014 | | - | violation and are in addition to any other |
|---|
| 10015 | | - | penalty assessed by law. |
|---|
| 10016 | | - | 253 |
|---|
| 10017 | | - | 3. In assessing any civil damages pursuant |
|---|
| 10018 | | - | to this section, a court of competent |
|---|
| 10019 | | - | jurisdiction shall consider , when applicable, |
|---|
| 10020 | | - | the following factors: |
|---|
| 10021 | | - | (1) The extent to which the violation |
|---|
| 10022 | | - | presents a hazard to human health; |
|---|
| 10023 | | - | (2) The extent to which the violation has |
|---|
| 10024 | | - | or may have an adverse effect on the environment; |
|---|
| 10025 | | - | (3) The amount of the reason able costs |
|---|
| 10026 | | - | incurred by the state in detection and |
|---|
| 10027 | | - | investigation of the violation; and |
|---|
| 10028 | | - | (4) The economic savings realized by the |
|---|
| 10029 | | - | person in not complying with the provision for |
|---|
| 10030 | | - | which a violation is charged. ] |
|---|
| 10031 | | - | [260.915. Each operator of an active dry- |
|---|
| 10032 | | - | cleaning facility shall register with the |
|---|
| 10033 | | - | department on a form provided by the department |
|---|
| 10034 | | - | according to procedures established by the |
|---|
| 10035 | | - | department by rule.] |
|---|
| 10036 | | - | [260.920. 1. There is hereby created |
|---|
| 10037 | | - | within the state treasury a fund to be known as |
|---|
| 10038 | | - | the "Dry-cleaning Environmental Response Trust |
|---|
| 10039 | | - | Fund". All moneys received from the |
|---|
| 10040 | | - | environmental response surcharges, fees, gifts, |
|---|
| 10041 | | - | bequests, donations and moneys recovered by the |
|---|
| 10042 | | - | state pursuant to sections 260.900 to 260.960, |
|---|
| 10043 | | - | except for any moneys paid under an agreement |
|---|
| 10044 | | - | with the director or as civil damages, or any |
|---|
| 10045 | | - | other money so designated shall be deposited in |
|---|
| 10046 | | - | the state treasury to the credit of the dry - |
|---|
| 10047 | | - | cleaning environmental response trust fund, and |
|---|
| 10048 | | - | shall be invested to generate income to the |
|---|
| 10049 | | - | fund. Notwithstanding the provisions of section |
|---|
| 10050 | | - | 33.080, the unexpended balance in the dry - |
|---|
| 10051 | | - | cleaning environmental response trust fund at |
|---|
| 10052 | | - | the end of each fiscal year shall not be |
|---|
| 10053 | | - | transferred to the general revenue fund. |
|---|
| 10054 | | - | 2. Moneys in the fund may be expended for |
|---|
| 10055 | | - | only the following purposes and for no other |
|---|
| 10056 | | - | governmental purpose: |
|---|
| 10057 | | - | (1) The direct costs of administration and |
|---|
| 10058 | | - | enforcement of sections 260.900 to 260.960; and |
|---|
| 10059 | | - | (2) The costs of corrective action as |
|---|
| 10060 | | - | provided in section 260.925. |
|---|
| 10061 | | - | 254 |
|---|
| 10062 | | - | 3. The state treasurer is authorized to |
|---|
| 10063 | | - | deposit all of the moneys in the dry -cleaning |
|---|
| 10064 | | - | environmental response trust fund in any of the |
|---|
| 10065 | | - | qualified depositories of the state. All such |
|---|
| 10066 | | - | deposits shall be secured in such a man ner and |
|---|
| 10067 | | - | shall be made upon such terms and conditions as |
|---|
| 10068 | | - | are now or may hereafter be provided by law |
|---|
| 10069 | | - | relative to state deposits. Interest received |
|---|
| 10070 | | - | on such deposits shall be credited to the dry - |
|---|
| 10071 | | - | cleaning environmental response trust fund. |
|---|
| 10072 | | - | 4. Any funds received pursuant to sections |
|---|
| 10073 | | - | 260.900 to 260.960 and deposited in the dry - |
|---|
| 10074 | | - | cleaning environmental response trust fund shall |
|---|
| 10075 | | - | not be considered a part of "total state |
|---|
| 10076 | | - | revenue" as provided in Sections 17 and 18 of |
|---|
| 10077 | | - | Article X of the Missouri Constituti on.] |
|---|
| 10078 | | - | [260.925. 1. On and after July 1, 2002, |
|---|
| 10079 | | - | moneys in the fund shall be utilized to address |
|---|
| 10080 | | - | contamination resulting from releases of dry - |
|---|
| 10081 | | - | cleaning solvents as provided in sections |
|---|
| 10082 | | - | 260.900 to 260.960. Whenever a release poses a |
|---|
| 10083 | | - | threat to human health or the environment, the |
|---|
| 10084 | | - | department, consistent with rules and |
|---|
| 10085 | | - | regulations adopted by the commission pursuant |
|---|
| 10086 | | - | to subdivisions (2) and (3) of subsection 2 of |
|---|
| 10087 | | - | section 260.905, shall expend moneys available |
|---|
| 10088 | | - | in the fund to provide for: |
|---|
| 10089 | | - | (1) Investigation and assessment of a |
|---|
| 10090 | | - | release from a dry-cleaning facility, including |
|---|
| 10091 | | - | costs of investigations and assessments of |
|---|
| 10092 | | - | contamination which may have moved off of the |
|---|
| 10093 | | - | dry-cleaning facility; |
|---|
| 10094 | | - | (2) Necessary or appropriate emergency |
|---|
| 10095 | | - | action, including but not limited to treatment, |
|---|
| 10096 | | - | restoration or replacement of drinking water |
|---|
| 10097 | | - | supplies, to assure that the human health or |
|---|
| 10098 | | - | safety is not threatened by a release or |
|---|
| 10099 | | - | potential release; |
|---|
| 10100 | | - | (3) Remediation of releases from dry - |
|---|
| 10101 | | - | cleaning facilities, including contamination |
|---|
| 10102 | | - | which may have moved off of the dry -cleaning |
|---|
| 10103 | | - | facility, which remediation shall consist of the |
|---|
| 10104 | | - | preparation of a corrective action plan and the |
|---|
| 10105 | | - | cleanup of affected soil, groundwater and |
|---|
| 10106 | | - | surface waters, using an alternative that is |
|---|
| 10107 | | - | 255 |
|---|
| 10108 | | - | cost-effective, technologically feasible and |
|---|
| 10109 | | - | reliable, provides adequate protection of human |
|---|
| 10110 | | - | health and environment and to the extent |
|---|
| 10111 | | - | practicable minimizes environmental damage; |
|---|
| 10112 | | - | (4) Operation and maintenance of |
|---|
| 10113 | | - | corrective action; |
|---|
| 10114 | | - | (5) Monitoring of releases from dry - |
|---|
| 10115 | | - | cleaning facilities including contamination |
|---|
| 10116 | | - | which may have moved off of the dry -cleaning |
|---|
| 10117 | | - | facility; |
|---|
| 10118 | | - | (6) Payment of reasonable costs incurred |
|---|
| 10119 | | - | by the director in providing field and |
|---|
| 10120 | | - | laboratory services; |
|---|
| 10121 | | - | (7) Reasonable costs of restoring property |
|---|
| 10122 | | - | as nearly as practicable to the condition that |
|---|
| 10123 | | - | existed prior to activities associated with the |
|---|
| 10124 | | - | investigation of a release or cleanup or |
|---|
| 10125 | | - | remediation activities; |
|---|
| 10126 | | - | (8) Removal and proper disposal of wastes |
|---|
| 10127 | | - | generated by a release of a dry -cleaning |
|---|
| 10128 | | - | solvent; and |
|---|
| 10129 | | - | (9) Payment of costs of corrective action |
|---|
| 10130 | | - | conducted by the department or by entities other |
|---|
| 10131 | | - | than the department but approved by the |
|---|
| 10132 | | - | department, whether or not such corrective |
|---|
| 10133 | | - | action is set out in a corrective action plan; |
|---|
| 10134 | | - | except that, there shall be no reimbursement for |
|---|
| 10135 | | - | corrective action costs incurred before August |
|---|
| 10136 | | - | 28, 2000. |
|---|
| 10137 | | - | 2. Nothing in subsection 1 of this section |
|---|
| 10138 | | - | shall be construed to authorize the department |
|---|
| 10139 | | - | to obligate moneys in the fund for payment of |
|---|
| 10140 | | - | costs that are not integral to corrective action |
|---|
| 10141 | | - | for a release of dry -cleaning solvents from a |
|---|
| 10142 | | - | dry-cleaning facility. Moneys from the fund |
|---|
| 10143 | | - | shall not be used: |
|---|
| 10144 | | - | (1) For corrective action at sites that |
|---|
| 10145 | | - | are contaminated by so lvents normally used in |
|---|
| 10146 | | - | dry-cleaning operations where the contamination |
|---|
| 10147 | | - | did not result from the operation of a dry - |
|---|
| 10148 | | - | cleaning facility; |
|---|
| 10149 | | - | (2) For corrective action at sites, other |
|---|
| 10150 | | - | than dry-cleaning facilities, that are |
|---|
| 10151 | | - | contaminated by dry-cleaning solvents which were |
|---|
| 10152 | | - | released while being transported to or from a |
|---|
| 10153 | | - | dry-cleaning facility; |
|---|
| 10154 | | - | 256 |
|---|
| 10155 | | - | (3) To pay any fine or penalty brought |
|---|
| 10156 | | - | against a dry-cleaning facility operator under |
|---|
| 10157 | | - | state or federal law; |
|---|
| 10158 | | - | (4) To pay any costs related to corrective |
|---|
| 10159 | | - | action at a dry-cleaning facility that has been |
|---|
| 10160 | | - | included by the United States Environmental |
|---|
| 10161 | | - | Protection Agency on the national priorities |
|---|
| 10162 | | - | list; |
|---|
| 10163 | | - | (5) For corrective action at sites with |
|---|
| 10164 | | - | active dry-cleaning facilities where the owner |
|---|
| 10165 | | - | or operator is not in compliance with sections |
|---|
| 10166 | | - | 260.900 to 260.960, rules and regulations |
|---|
| 10167 | | - | adopted pursuant to sections 260.900 to 260.960, |
|---|
| 10168 | | - | orders of the director pursuant to sections |
|---|
| 10169 | | - | 260.900 to 260.960, or any other applicable |
|---|
| 10170 | | - | federal or state environmental statutes, rules |
|---|
| 10171 | | - | or regulations; or |
|---|
| 10172 | | - | (6) For corrective action at sites with |
|---|
| 10173 | | - | abandoned dry-cleaning facilities that have been |
|---|
| 10174 | | - | taken out of operation prior to July 1, 2009, |
|---|
| 10175 | | - | and not documented by or reported to the |
|---|
| 10176 | | - | department by July 1, 2009. Any person |
|---|
| 10177 | | - | reporting such a site to the department shall |
|---|
| 10178 | | - | include any available evidence that the site |
|---|
| 10179 | | - | once contained a dry -cleaning facility. |
|---|
| 10180 | | - | 3. Nothing in sections 260.900 to 260.960 |
|---|
| 10181 | | - | shall be construed to restrict the department |
|---|
| 10182 | | - | from temporarily postponing c ompletion of |
|---|
| 10183 | | - | corrective action for which moneys from the fund |
|---|
| 10184 | | - | are being expended whenever such postponement is |
|---|
| 10185 | | - | deemed necessary in order to protect public |
|---|
| 10186 | | - | health and the environment. |
|---|
| 10187 | | - | 4. At any multisource site, the department |
|---|
| 10188 | | - | shall utilize the moneys in the fund to pay for |
|---|
| 10189 | | - | the proportionate share of the liability for |
|---|
| 10190 | | - | corrective action costs which is attributable to |
|---|
| 10191 | | - | a release from one or more dry -cleaning |
|---|
| 10192 | | - | facilities and for that proportionate share of |
|---|
| 10193 | | - | the liability only. |
|---|
| 10194 | | - | 5. At any multisource site, the director |
|---|
| 10195 | | - | is authorized to make a determination of the |
|---|
| 10196 | | - | relative liability of the fund for costs of |
|---|
| 10197 | | - | corrective action, expressed as a percentage of |
|---|
| 10198 | | - | the total cost of corrective action at a site, |
|---|
| 10199 | | - | whether known or unknown. The director shall |
|---|
| 10200 | | - | issue an order establishing such percentage of |
|---|
| 10201 | | - | 257 |
|---|
| 10202 | | - | liability. Such order shall be binding and |
|---|
| 10203 | | - | shall control the obligation of the fund until |
|---|
| 10204 | | - | or unless amended by the director. In the event |
|---|
| 10205 | | - | of an appeal from such order, such percentage of |
|---|
| 10206 | | - | liability shall be controlling for costs |
|---|
| 10207 | | - | incurred during the pendency of the appeal. |
|---|
| 10208 | | - | 6. Any authorized officer, employee or |
|---|
| 10209 | | - | agent of the department, or any person under |
|---|
| 10210 | | - | order or contract with the department, may enter |
|---|
| 10211 | | - | onto any property or premises, at rea sonable |
|---|
| 10212 | | - | times and with reasonable advance notice to the |
|---|
| 10213 | | - | operator, to take corrective action where the |
|---|
| 10214 | | - | director determines that such action is |
|---|
| 10215 | | - | necessary to protect the public health or |
|---|
| 10216 | | - | environment. If consent is not granted by the |
|---|
| 10217 | | - | operator regarding any request made by any |
|---|
| 10218 | | - | officer, employee or agent of the department, or |
|---|
| 10219 | | - | any person under order or contract with the |
|---|
| 10220 | | - | department, under the provisions of this |
|---|
| 10221 | | - | section, the director may issue an order |
|---|
| 10222 | | - | directing compliance with the request. The |
|---|
| 10223 | | - | order may be issued after such notice and |
|---|
| 10224 | | - | opportunity for consultation as is reasonably |
|---|
| 10225 | | - | appropriate under the circumstances. |
|---|
| 10226 | | - | 7. Notwithstanding any other provision of |
|---|
| 10227 | | - | sections 260.900 to 260.960, in the discretion |
|---|
| 10228 | | - | of the director, an operator may be res ponsible |
|---|
| 10229 | | - | for up to one hundred percent of the costs of |
|---|
| 10230 | | - | corrective action attributable to such operator |
|---|
| 10231 | | - | if the director finds, after notice and an |
|---|
| 10232 | | - | opportunity for a hearing in accordance with |
|---|
| 10233 | | - | chapter 536 that: |
|---|
| 10234 | | - | (1) Requiring the operator to bear s uch |
|---|
| 10235 | | - | responsibility will not prejudice another owner, |
|---|
| 10236 | | - | operator or person who is eligible, pursuant to |
|---|
| 10237 | | - | the provisions of sections 260.900 to 260.960, |
|---|
| 10238 | | - | to have corrective action costs paid by the |
|---|
| 10239 | | - | fund; and |
|---|
| 10240 | | - | (2) The operator: |
|---|
| 10241 | | - | (a) Caused a release in excess of a |
|---|
| 10242 | | - | reportable quantity by willful or wanton actions |
|---|
| 10243 | | - | and such release was caused by operating |
|---|
| 10244 | | - | practices in violation of existing laws and |
|---|
| 10245 | | - | regulations at the time of the release; or |
|---|
| 10246 | | - | 258 |
|---|
| 10247 | | - | (b) Is in arrears for moneys owed pursuant |
|---|
| 10248 | | - | to sections 260.900 to 260.960, after notice and |
|---|
| 10249 | | - | an opportunity to correct the arrearage; or |
|---|
| 10250 | | - | (c) Materially obstructs the efforts of |
|---|
| 10251 | | - | the department to carry out its obligations |
|---|
| 10252 | | - | pursuant to sections 260.900 to 260.960; except |
|---|
| 10253 | | - | that, the exercise of legal r ights shall not |
|---|
| 10254 | | - | constitute a substantial obstruction; or |
|---|
| 10255 | | - | (d) Caused or allowed a release in excess |
|---|
| 10256 | | - | of a reportable quantity because of a willful |
|---|
| 10257 | | - | material violation of sections 260.900 to |
|---|
| 10258 | | - | 260.960 or the rules and regulations adopted by |
|---|
| 10259 | | - | the commission pursuant to sections 260.900 to |
|---|
| 10260 | | - | 260.960. |
|---|
| 10261 | | - | 8. For purposes of subsection 7 of this |
|---|
| 10262 | | - | section, unless a transfer is made to take |
|---|
| 10263 | | - | advantage of the provisions of subsection 7 of |
|---|
| 10264 | | - | this section, purchasers of stock or other |
|---|
| 10265 | | - | indicia of ownership and o ther successors in |
|---|
| 10266 | | - | interest shall not be considered to be the same |
|---|
| 10267 | | - | owner or operator as the seller or transferor of |
|---|
| 10268 | | - | such stock or indicia of ownership even though |
|---|
| 10269 | | - | there may be no change in the legal identity of |
|---|
| 10270 | | - | the owner or operator. To the extent that an |
|---|
| 10271 | | - | owner or operator is responsible for corrective |
|---|
| 10272 | | - | action costs pursuant to subsection 7 of this |
|---|
| 10273 | | - | section, such owner or operator shall not be |
|---|
| 10274 | | - | entitled to the exemption provided in subsection |
|---|
| 10275 | | - | 5 of section 260.930. |
|---|
| 10276 | | - | 9. The fund shall not be liab le for the |
|---|
| 10277 | | - | payment of costs in excess of one million |
|---|
| 10278 | | - | dollars at any one contaminated dry -cleaning |
|---|
| 10279 | | - | site. Additionally, the fund shall not be |
|---|
| 10280 | | - | liable for the payment of costs for any one site |
|---|
| 10281 | | - | in excess of twenty-five percent of the total |
|---|
| 10282 | | - | moneys in the fund during any fiscal year. For |
|---|
| 10283 | | - | purposes of this subsection, "contaminated dry - |
|---|
| 10284 | | - | cleaning site" means the areal extent of soil or |
|---|
| 10285 | | - | ground water contaminated with dry -cleaning |
|---|
| 10286 | | - | solvents. |
|---|
| 10287 | | - | 10. The owner or operator of an active dry - |
|---|
| 10288 | | - | cleaning facility shall be liable for the first |
|---|
| 10289 | | - | twenty-five thousand dollars of corrective |
|---|
| 10290 | | - | action costs incurred because of a release from |
|---|
| 10291 | | - | an active dry-cleaning facility. The owner of |
|---|
| 10292 | | - | an abandoned dry-cleaning facility shall be |
|---|
| 10293 | | - | 259 |
|---|
| 10294 | | - | liable for the first twenty -five thousand |
|---|
| 10295 | | - | dollars of corrective action costs incurred |
|---|
| 10296 | | - | because of a release from an abandoned dry - |
|---|
| 10297 | | - | cleaning facility. Nothing in this subsection |
|---|
| 10298 | | - | shall be construed to prohibit the department |
|---|
| 10299 | | - | from taking corrective action because the |
|---|
| 10300 | | - | department cannot obtain the deductible.] |
|---|
| 10301 | | - | [260.930. 1. Neither the state of |
|---|
| 10302 | | - | Missouri, the fund, the commission, the director |
|---|
| 10303 | | - | nor the department or agent or employees thereof |
|---|
| 10304 | | - | shall be liable for loss of business, damages or |
|---|
| 10305 | | - | taking of property associated with a ny |
|---|
| 10306 | | - | corrective action taken pursuant to sections |
|---|
| 10307 | | - | 260.900 to 260.960. |
|---|
| 10308 | | - | 2. Nothing in sections 260.900 to 260.960 |
|---|
| 10309 | | - | shall establish or create any liability or |
|---|
| 10310 | | - | responsibility on the part of the commission, |
|---|
| 10311 | | - | the director, the department or the state of |
|---|
| 10312 | | - | Missouri, or agents or employees thereof, to pay |
|---|
| 10313 | | - | any corrective action costs from any source |
|---|
| 10314 | | - | other than the fund or to take corrective action |
|---|
| 10315 | | - | if the moneys in the fund are insufficient to do |
|---|
| 10316 | | - | so. |
|---|
| 10317 | | - | 3. Nothing in sections 260.900 to 260.960 |
|---|
| 10318 | | - | shall be construed to abrogate or limit any |
|---|
| 10319 | | - | right, remedy, causes of action, or claim by any |
|---|
| 10320 | | - | person sustaining personal injury or property |
|---|
| 10321 | | - | damage as a result of any release from a dry - |
|---|
| 10322 | | - | cleaning facility, nor shall anything in |
|---|
| 10323 | | - | sections 260.900 to 260.960 be con strued to |
|---|
| 10324 | | - | abrogate or limit any liability of any person in |
|---|
| 10325 | | - | any way responsible for any release from a dry - |
|---|
| 10326 | | - | cleaning facility or any damages for personal |
|---|
| 10327 | | - | injury or property damages caused by such a |
|---|
| 10328 | | - | release. |
|---|
| 10329 | | - | 4. Moneys in the fund shall not be used |
|---|
| 10330 | | - | for compensating third parties for bodily injury |
|---|
| 10331 | | - | or property damage caused by a release from a |
|---|
| 10332 | | - | dry-cleaning facility, other than property |
|---|
| 10333 | | - | damage included in the corrective action plan |
|---|
| 10334 | | - | approved by the director. |
|---|
| 10335 | | - | 5. To the extent that an operator, owner |
|---|
| 10336 | | - | or other person is eligible pursuant to the |
|---|
| 10337 | | - | provisions of sections 260.900 to 260.960 to |
|---|
| 10338 | | - | have corrective action costs paid by the fund, |
|---|
| 10339 | | - | 260 |
|---|
| 10340 | | - | no administrative or judicial claim may be made |
|---|
| 10341 | | - | under state law against any such operator, owner |
|---|
| 10342 | | - | or other person by or on behalf of a state or |
|---|
| 10343 | | - | local government or by any person to either |
|---|
| 10344 | | - | compel corrective action at the dry -cleaning |
|---|
| 10345 | | - | facility site or seek recovery of the costs of |
|---|
| 10346 | | - | corrective action at the dry -cleaning facility |
|---|
| 10347 | | - | which result from the release of dry-cleaning |
|---|
| 10348 | | - | solvents from that dry -cleaning facility or to |
|---|
| 10349 | | - | compel corrective action or seek recovery of the |
|---|
| 10350 | | - | costs of corrective action which result from the |
|---|
| 10351 | | - | release of dry-cleaning solvents from a dry - |
|---|
| 10352 | | - | cleaning facility. The provisions of this |
|---|
| 10353 | | - | subsection shall apply to any dry -cleaning |
|---|
| 10354 | | - | facility or dry-cleaning facility site which has |
|---|
| 10355 | | - | been included in a corrective action plan |
|---|
| 10356 | | - | approved by the director. The director shall |
|---|
| 10357 | | - | only approve a corrective action plan after |
|---|
| 10358 | | - | making a determination that a su fficient balance |
|---|
| 10359 | | - | in the fund exists to implement the plan. No |
|---|
| 10360 | | - | administrative or judicial claim may be made |
|---|
| 10361 | | - | unless the director has rejected the corrective |
|---|
| 10362 | | - | action plan submitted pursuant to section |
|---|
| 10363 | | - | 260.925.] |
|---|
| 10364 | | - | [260.935. 1. Every active dry-cleaning |
|---|
| 10365 | | - | facility shall pay, in addition to any other |
|---|
| 10366 | | - | environmental response surcharges, an annual dry - |
|---|
| 10367 | | - | cleaning facility registration surcharge as |
|---|
| 10368 | | - | follows: |
|---|
| 10369 | | - | (1) Five hundred dollars for facilities |
|---|
| 10370 | | - | which use no more than one hundred forty gal lons |
|---|
| 10371 | | - | of chlorinated solvents; |
|---|
| 10372 | | - | (2) One thousand dollars for facilities |
|---|
| 10373 | | - | which use more than one hundred forty gallons of |
|---|
| 10374 | | - | chlorinated solvents and less than three hundred |
|---|
| 10375 | | - | sixty gallons of chlorinated solvents per year; |
|---|
| 10376 | | - | and |
|---|
| 10377 | | - | (3) Fifteen hundred dollars for facilities |
|---|
| 10378 | | - | which use at least three hundred sixty gallons |
|---|
| 10379 | | - | of chlorinated solvents per year. |
|---|
| 10380 | | - | 2. The active dry-cleaning facility |
|---|
| 10381 | | - | registration surcharge imposed by this section |
|---|
| 10382 | | - | shall be reported and paid to the department on |
|---|
| 10383 | | - | an annual basis. The commission shall prescribe |
|---|
| 10384 | | - | 261 |
|---|
| 10385 | | - | by administrative rule the procedure for the |
|---|
| 10386 | | - | report and payment required by this section. |
|---|
| 10387 | | - | 3. The department shall provide each |
|---|
| 10388 | | - | person who pays a dry -cleaning facility |
|---|
| 10389 | | - | registration surcharge pursuant to this section |
|---|
| 10390 | | - | with a receipt. The receipt or the copy of the |
|---|
| 10391 | | - | receipt shall be produced for inspection at the |
|---|
| 10392 | | - | request of any authorized representative of the |
|---|
| 10393 | | - | department. |
|---|
| 10394 | | - | 4. All moneys collected or received by the |
|---|
| 10395 | | - | department pursuant to this section s hall be |
|---|
| 10396 | | - | transmitted to the department of revenue for |
|---|
| 10397 | | - | deposit in the state treasury to the credit of |
|---|
| 10398 | | - | the dry-cleaning environmental response trust |
|---|
| 10399 | | - | fund created in section 260.920. Following each |
|---|
| 10400 | | - | annual reporting date, the state treasurer shall |
|---|
| 10401 | | - | certify the amount deposited in the fund to the |
|---|
| 10402 | | - | department. |
|---|
| 10403 | | - | 5. If any person does not pay the active |
|---|
| 10404 | | - | dry-cleaning facility registration surcharge or |
|---|
| 10405 | | - | any portion of the active dry -cleaning facility |
|---|
| 10406 | | - | registration surcharge imposed by this section |
|---|
| 10407 | | - | by the date prescribed for such payment, the |
|---|
| 10408 | | - | department shall impose and such person shall |
|---|
| 10409 | | - | pay, in addition to the active dry -cleaning |
|---|
| 10410 | | - | facility registration surcharge owed by such |
|---|
| 10411 | | - | person, a penalty of fifteen percent of the |
|---|
| 10412 | | - | active dry-cleaning facility regis tration |
|---|
| 10413 | | - | surcharge. Such penalty shall be deposited in |
|---|
| 10414 | | - | the dry-cleaning environmental response trust |
|---|
| 10415 | | - | fund. |
|---|
| 10416 | | - | 6. If any person does not pay the active |
|---|
| 10417 | | - | dry-cleaning facility registration surcharge or |
|---|
| 10418 | | - | any portion of the active dry -cleaning facility |
|---|
| 10419 | | - | registration surcharge imposed by this section |
|---|
| 10420 | | - | by the date prescribed for such payment, the |
|---|
| 10421 | | - | department shall also impose interest upon the |
|---|
| 10422 | | - | unpaid amount at the rate of ten percent per |
|---|
| 10423 | | - | annum from the date prescribed for the payment |
|---|
| 10424 | | - | of such surcharge an d penalties until payment is |
|---|
| 10425 | | - | actually made. Such interest shall be deposited |
|---|
| 10426 | | - | in the dry-cleaning environmental response trust |
|---|
| 10427 | | - | fund.] |
|---|
| 10428 | | - | [260.940. 1. Every seller or provider of |
|---|
| 10429 | | - | dry-cleaning solvent for use in this state shall |
|---|
| 10430 | | - | 262 |
|---|
| 10431 | | - | pay, in addition to any other environmental |
|---|
| 10432 | | - | response surcharges, a dry -cleaning solvent |
|---|
| 10433 | | - | surcharge on the sale or provision of dry - |
|---|
| 10434 | | - | cleaning solvent. |
|---|
| 10435 | | - | 2. The amount of the dry -cleaning solvent |
|---|
| 10436 | | - | surcharge imposed by this section on each gallon |
|---|
| 10437 | | - | of dry-cleaning solvent shall be an amount equal |
|---|
| 10438 | | - | to the product of the solvent factor for the dry - |
|---|
| 10439 | | - | cleaning solvent and the rate of eight dollars |
|---|
| 10440 | | - | per gallon. |
|---|
| 10441 | | - | 3. The solvent factor for each dry - |
|---|
| 10442 | | - | cleaning solvent is as follows: |
|---|
| 10443 | | - | (1) For perchloroethylene, the solvent |
|---|
| 10444 | | - | factor is 1.00; |
|---|
| 10445 | | - | (2) For 1,1,1-trichloroethane, the solvent |
|---|
| 10446 | | - | factor is 1.00; and |
|---|
| 10447 | | - | (3) For other chlorinated dry -cleaning |
|---|
| 10448 | | - | solvents, the solvent factor is 1.00. |
|---|
| 10449 | | - | 4. In the case of a fraction of a gallon, |
|---|
| 10450 | | - | the dry-cleaning solvent sur charge imposed by |
|---|
| 10451 | | - | this section shall be the same fraction of the |
|---|
| 10452 | | - | fee imposed on a whole gallon. |
|---|
| 10453 | | - | 5. The dry-cleaning solvent surcharge |
|---|
| 10454 | | - | required in this section shall be paid to the |
|---|
| 10455 | | - | department by the seller or provider of the dry - |
|---|
| 10456 | | - | cleaning solvent, regardless of the location of |
|---|
| 10457 | | - | such seller or provider. |
|---|
| 10458 | | - | 6. The dry-cleaning solvent surcharge |
|---|
| 10459 | | - | required in this section shall be paid by the |
|---|
| 10460 | | - | seller or provider on a quarterly basis and |
|---|
| 10461 | | - | shall be paid to the department for the previous |
|---|
| 10462 | | - | quarter. The commission shall prescribe by |
|---|
| 10463 | | - | administrative rule the procedure for the |
|---|
| 10464 | | - | payment required by this section. |
|---|
| 10465 | | - | 7. The department shall provide each |
|---|
| 10466 | | - | person who pays a dry -cleaning solvent surcharge |
|---|
| 10467 | | - | pursuant to this section with a receipt. The |
|---|
| 10468 | | - | receipt or the copy of the receipt shall be |
|---|
| 10469 | | - | produced for inspection at the request of any |
|---|
| 10470 | | - | authorized representative of the department. |
|---|
| 10471 | | - | 8. All moneys collected or received by the |
|---|
| 10472 | | - | department pursuant to this section shall be |
|---|
| 10473 | | - | transmitted to the departmen t of revenue for |
|---|
| 10474 | | - | deposit in the state treasury to the credit of |
|---|
| 10475 | | - | the dry-cleaning environmental response trust |
|---|
| 10476 | | - | fund created in section 260.920. Following each |
|---|
| 10477 | | - | 263 |
|---|
| 10478 | | - | annual or quarterly reporting date, the state |
|---|
| 10479 | | - | treasurer shall certify the amount deposited t o |
|---|
| 10480 | | - | the department. |
|---|
| 10481 | | - | 9. If any seller or provider of dry - |
|---|
| 10482 | | - | cleaning solvent fails or refuses to pay the dry - |
|---|
| 10483 | | - | cleaning solvent surcharge imposed by this |
|---|
| 10484 | | - | section, the department shall impose and such |
|---|
| 10485 | | - | seller or provider shall pay, in addition to the |
|---|
| 10486 | | - | dry-cleaning solvent surcharge owed by the |
|---|
| 10487 | | - | seller or provider, a penalty of fifteen percent |
|---|
| 10488 | | - | of the dry-cleaning solvent surcharge. Such |
|---|
| 10489 | | - | penalty shall be deposited in the dry -cleaning |
|---|
| 10490 | | - | environmental response trust fund. |
|---|
| 10491 | | - | 10. If any person does not pay the dry- |
|---|
| 10492 | | - | cleaning solvent surcharge or any portion of the |
|---|
| 10493 | | - | dry-cleaning solvent surcharge imposed by this |
|---|
| 10494 | | - | section by the date prescribed for such payment, |
|---|
| 10495 | | - | the department shall impose and such person |
|---|
| 10496 | | - | shall pay interest upon the unpaid amount at the |
|---|
| 10497 | | - | rate of ten percent per annum from the date |
|---|
| 10498 | | - | prescribed for the payment of such surcharge and |
|---|
| 10499 | | - | penalties until payment is actually made. Such |
|---|
| 10500 | | - | interest shall be deposited in the dry -cleaning |
|---|
| 10501 | | - | environmental response trust fund. |
|---|
| 10502 | | - | 11. An operator of a dry -cleaning facility |
|---|
| 10503 | | - | shall not purchase or obtain solvent from a |
|---|
| 10504 | | - | seller or provider who does not pay the dry - |
|---|
| 10505 | | - | cleaning solvent charge, as provided in this |
|---|
| 10506 | | - | section. Any operator of a dry -cleaning |
|---|
| 10507 | | - | facility who fails to obey the provisions of |
|---|
| 10508 | | - | this section shall be required to pay the dry - |
|---|
| 10509 | | - | cleaning solvent surcharge as provided in |
|---|
| 10510 | | - | subsections 2, 3 and 4 of this section for any |
|---|
| 10511 | | - | dry-cleaning solvent purchased or obtained from |
|---|
| 10512 | | - | a seller or provider who fails to pay the proper |
|---|
| 10513 | | - | dry-cleaning solvent surcharge a s determined by |
|---|
| 10514 | | - | the department. Any operator of a dry -cleaning |
|---|
| 10515 | | - | facility who fails to follow the provisions of |
|---|
| 10516 | | - | this subsection shall also be charged a penalty |
|---|
| 10517 | | - | of fifteen percent of the dry -cleaning solvent |
|---|
| 10518 | | - | surcharge owed. Any operator of a dry -cleaning |
|---|
| 10519 | | - | facility who fails to obey the provisions of |
|---|
| 10520 | | - | this subsection shall also be subject to the |
|---|
| 10521 | | - | interest provisions of subsection 10 of this |
|---|
| 10522 | | - | section. If a seller or provider of dry - |
|---|
| 10523 | | - | cleaning solvent charges the operator of a dry - |
|---|
| 10524 | | - | 264 |
|---|
| 10525 | | - | cleaning facility the dr y-cleaning solvent |
|---|
| 10526 | | - | surcharge provided for in this section when the |
|---|
| 10527 | | - | solvent is purchased or obtained by the operator |
|---|
| 10528 | | - | and the operator can prove that the operator |
|---|
| 10529 | | - | made full payment of the surcharge to the seller |
|---|
| 10530 | | - | or provider but the seller or provider fa ils to |
|---|
| 10531 | | - | pay the surcharge to the department as required |
|---|
| 10532 | | - | by this section, then the operator shall not be |
|---|
| 10533 | | - | liable pursuant to this subsection for interest, |
|---|
| 10534 | | - | penalties or the seller's or provider's unpaid |
|---|
| 10535 | | - | surcharge. Such surcharges, penalties and |
|---|
| 10536 | | - | interest shall be collected by the department, |
|---|
| 10537 | | - | and all moneys collected pursuant to this |
|---|
| 10538 | | - | subsection shall be deposited in the dry - |
|---|
| 10539 | | - | cleaning environmental response trust fund. ] |
|---|
| 10540 | | - | [260.945. 1. If the unobligated principal |
|---|
| 10541 | | - | of the fund equals or exc eeds five million |
|---|
| 10542 | | - | dollars on April first of any year, the active |
|---|
| 10543 | | - | dry-cleaning facility registration surcharge |
|---|
| 10544 | | - | imposed by section 260.935 and the dry -cleaning |
|---|
| 10545 | | - | solvent surcharge imposed by section 260.940 |
|---|
| 10546 | | - | shall not be collected on or after the next July |
|---|
| 10547 | | - | first until such time as on April first of any |
|---|
| 10548 | | - | year thereafter the unobligated principal |
|---|
| 10549 | | - | balance of the fund equals two million dollars |
|---|
| 10550 | | - | or less, then the active dry -cleaning facility |
|---|
| 10551 | | - | registration surcharge imposed by section |
|---|
| 10552 | | - | 260.935 and the dry-cleaning solvent surcharge |
|---|
| 10553 | | - | imposed by section 260.940 shall again be |
|---|
| 10554 | | - | collected on and after the next July first. |
|---|
| 10555 | | - | 2. Not later than April fifth of each |
|---|
| 10556 | | - | year, the state treasurer shall notify the |
|---|
| 10557 | | - | department of the amount of the unobligated |
|---|
| 10558 | | - | balance of the fund on April first of such |
|---|
| 10559 | | - | year. Upon receipt of the notice, the |
|---|
| 10560 | | - | department shall notify the public if the active |
|---|
| 10561 | | - | dry-cleaning facility registration surcharge |
|---|
| 10562 | | - | imposed by section 260.935 and the dry -cleaning |
|---|
| 10563 | | - | solvent surcharge imposed by section 2 60.940 |
|---|
| 10564 | | - | will terminate or be payable on the following |
|---|
| 10565 | | - | July first. |
|---|
| 10566 | | - | 3. Moneys in the fund shall not be |
|---|
| 10567 | | - | expended pursuant to sections 260.900 to 260.960 |
|---|
| 10568 | | - | prior to July 1, 2002. ] |
|---|
| 10569 | | - | 265 |
|---|
| 10570 | | - | [260.950. 1. All final orders and |
|---|
| 10571 | | - | determinations of th e commission or the |
|---|
| 10572 | | - | department made pursuant to the provisions of |
|---|
| 10573 | | - | sections 260.900 to 260.960 are subject to |
|---|
| 10574 | | - | judicial review pursuant to the provisions of |
|---|
| 10575 | | - | chapter 536. All final orders and |
|---|
| 10576 | | - | determinations shall be deemed administrative |
|---|
| 10577 | | - | decisions as that term is defined in chapter |
|---|
| 10578 | | - | 536; provided that, no judicial review shall be |
|---|
| 10579 | | - | available, unless all administrative remedies |
|---|
| 10580 | | - | are exhausted. |
|---|
| 10581 | | - | 2. In any suit filed pursuant to section |
|---|
| 10582 | | - | 536.050 concerning the validity of the |
|---|
| 10583 | | - | commission's or departmen t's standards, rules or |
|---|
| 10584 | | - | regulations, the court shall review the record |
|---|
| 10585 | | - | made before the commission or department to |
|---|
| 10586 | | - | determine the validity and such reasonableness |
|---|
| 10587 | | - | of such standards, rules or regulations and may |
|---|
| 10588 | | - | hear such additional evidence as it deems |
|---|
| 10589 | | - | necessary.] |
|---|
| 10590 | | - | [260.955. The department shall annually |
|---|
| 10591 | | - | transmit a report to the general assembly and |
|---|
| 10592 | | - | the governor regarding: |
|---|
| 10593 | | - | (1) Receipts of the fund during the |
|---|
| 10594 | | - | preceding calendar year and the sources of the |
|---|
| 10595 | | - | receipts; |
|---|
| 10596 | | - | (2) Disbursements from the fund during the |
|---|
| 10597 | | - | preceding calendar year and the purposes of the |
|---|
| 10598 | | - | disbursements; |
|---|
| 10599 | | - | (3) The extent of corrective action taken |
|---|
| 10600 | | - | pursuant to sections 260.900 to 260.960 during |
|---|
| 10601 | | - | the preceding calendar year; and |
|---|
| 10602 | | - | (4) The prioritization of sites for |
|---|
| 10603 | | - | expenditures from the fund. ] |
|---|
| 10604 | | - | [260.960. Any rule or portion of a rule, |
|---|
| 10605 | | - | as that term is defined in section 536.010, that |
|---|
| 10606 | | - | is created under the authority delegated in this |
|---|
| 10607 | | - | section shall become effective only if it |
|---|
| 10608 | | - | complies with and is subject to all of the |
|---|
| 10609 | | - | provisions of chapter 536 and, if applicable, |
|---|
| 10610 | | - | section 536.028. This section and chapter 536 |
|---|
| 10611 | | - | are nonseverable and if any of the powers vested |
|---|
| 10612 | | - | with the general assembly pursuant to chapter |
|---|
| 10613 | | - | 536 to review, to delay th e effective date or to |
|---|
| 10614 | | - | disapprove and annul a rule are subsequently |
|---|
| 10615 | | - | 266 |
|---|
| 10616 | | - | held unconstitutional, then the grant of |
|---|
| 10617 | | - | rulemaking authority and any rule proposed or |
|---|
| 10618 | | - | adopted after the effective date of this act |
|---|
| 10619 | | - | shall be invalid and void. ] |
|---|
| 10620 | | - | [260.965. The provisions of sections |
|---|
| 10621 | | - | 260.900 to 260.965 shall expire August 28, 2017. ] |
|---|
| 10622 | | - | [301.213. 1. Notwithstanding the |
|---|
| 10623 | | - | provisions of sections 301.200 and 301.210, any |
|---|
| 10624 | | - | person licensed as a motor vehicle dealer under |
|---|
| 10625 | | - | sections 301.550 to 301. 580 that has provided to |
|---|
| 10626 | | - | the director of revenue a surety bond or |
|---|
| 10627 | | - | irrevocable letter of credit in an amount not |
|---|
| 10628 | | - | less than one hundred thousand dollars in a form |
|---|
| 10629 | | - | which complies with the requirements of section |
|---|
| 10630 | | - | 301.560 and in lieu of the fifty thousand dollar |
|---|
| 10631 | | - | bond otherwise required for licensure as a motor |
|---|
| 10632 | | - | vehicle dealer shall be authorized to purchase |
|---|
| 10633 | | - | or accept in trade any motor vehicle for which |
|---|
| 10634 | | - | there has been issued a certificate of |
|---|
| 10635 | | - | ownership, and to receive such vehicle subject |
|---|
| 10636 | | - | to any existing liens thereon created and |
|---|
| 10637 | | - | perfected under sections 301.600 to 301.660 |
|---|
| 10638 | | - | provided the licensed dealer receives the |
|---|
| 10639 | | - | following: |
|---|
| 10640 | | - | (1) A signed written contract between the |
|---|
| 10641 | | - | licensed dealer and the owner of the vehicle |
|---|
| 10642 | | - | outlining the terms of the sale o r acceptance in |
|---|
| 10643 | | - | trade of such motor vehicle without transfer of |
|---|
| 10644 | | - | the certificate of ownership; and |
|---|
| 10645 | | - | (2) Physical delivery of the vehicle to |
|---|
| 10646 | | - | the licensed dealer; and |
|---|
| 10647 | | - | (3) A power of attorney from the owner to |
|---|
| 10648 | | - | the licensed dealer, in accordance with |
|---|
| 10649 | | - | subsection 4 of section 301.300, authorizing the |
|---|
| 10650 | | - | licensed dealer to obtain a duplicate or |
|---|
| 10651 | | - | replacement title in the owner's name and sign |
|---|
| 10652 | | - | any title assignments on the owner's behalf. |
|---|
| 10653 | | - | 2. If the dealer complies with the |
|---|
| 10654 | | - | requirements of subsect ion 1 of this section, |
|---|
| 10655 | | - | the sale or trade of the vehicle to the dealer |
|---|
| 10656 | | - | shall be considered final, subject to any |
|---|
| 10657 | | - | existing liens created and perfected under |
|---|
| 10658 | | - | sections 301.600 to 301.660. Once the prior |
|---|
| 10659 | | - | owner of the motor vehicle has physically |
|---|
| 10660 | | - | delivered the motor vehicle to the licensed |
|---|
| 10661 | | - | 267 |
|---|
| 10662 | | - | dealer, the prior owners' insurable interest in |
|---|
| 10663 | | - | such vehicle shall cease to exist. |
|---|
| 10664 | | - | 3. If a licensed dealer complies with the |
|---|
| 10665 | | - | requirements of subsection 1 of this section, |
|---|
| 10666 | | - | and such dealer has provided to the dir ector of |
|---|
| 10667 | | - | revenue a surety bond or irrevocable letter of |
|---|
| 10668 | | - | credit in amount not less than one hundred |
|---|
| 10669 | | - | thousand dollars in a form which complies with |
|---|
| 10670 | | - | the requirements of section 301.560 and in lieu |
|---|
| 10671 | | - | of the fifty thousand dollar bond otherwise |
|---|
| 10672 | | - | required for licensure as a motor vehicle |
|---|
| 10673 | | - | dealer, such dealer may sell such vehicle prior |
|---|
| 10674 | | - | to receiving and assigning to the purchaser the |
|---|
| 10675 | | - | certificate of ownership, provided such dealer |
|---|
| 10676 | | - | complies with the following: |
|---|
| 10677 | | - | (1) All outstanding liens created on the |
|---|
| 10678 | | - | vehicle pursuant to sections 301.600 to 301.660 |
|---|
| 10679 | | - | have been paid in full, and the dealer provides |
|---|
| 10680 | | - | a copy of proof or other evidence to the |
|---|
| 10681 | | - | purchaser; and |
|---|
| 10682 | | - | (2) The dealer has obtained proof or other |
|---|
| 10683 | | - | evidence from the department of revenue |
|---|
| 10684 | | - | confirming that no outstanding child support |
|---|
| 10685 | | - | liens exist upon the vehicle at the time of sale |
|---|
| 10686 | | - | and provides a copy of said proof or other |
|---|
| 10687 | | - | evidence to the purchaser; and |
|---|
| 10688 | | - | (3) The dealer has obtained proof or other |
|---|
| 10689 | | - | evidence from the department of revenue |
|---|
| 10690 | | - | confirming that all applicable state sales tax |
|---|
| 10691 | | - | has been satisfied on the sale of the vehicle to |
|---|
| 10692 | | - | the previous owner and provides a copy of said |
|---|
| 10693 | | - | proof or other evidence to the purchaser; and |
|---|
| 10694 | | - | (4) The dealer has signed an application |
|---|
| 10695 | | - | for duplicate or repla cement title for the |
|---|
| 10696 | | - | vehicle under subsection 4 of section 301.300 |
|---|
| 10697 | | - | and provides a copy of the application to the |
|---|
| 10698 | | - | purchaser, along with a copy of the power of |
|---|
| 10699 | | - | attorney required by subsection 1 of this |
|---|
| 10700 | | - | section, and the dealer has prepared and |
|---|
| 10701 | | - | delivered to the purchaser an application for |
|---|
| 10702 | | - | title for the vehicle in the purchaser's name; |
|---|
| 10703 | | - | and |
|---|
| 10704 | | - | (5) The dealer and the purchaser have |
|---|
| 10705 | | - | entered into a written agreement for the |
|---|
| 10706 | | - | subsequent assignment and delivery of such |
|---|
| 10707 | | - | certificate of ownership, on a form prescribed |
|---|
| 10708 | | - | 268 |
|---|
| 10709 | | - | by the director of revenue, to take place at a |
|---|
| 10710 | | - | time, not to exceed sixty calendar days, after |
|---|
| 10711 | | - | the time of delivery of the motor vehicle to the |
|---|
| 10712 | | - | purchaser. Such agreement shall require the |
|---|
| 10713 | | - | purchaser to provide to the dealer proof of |
|---|
| 10714 | | - | financial responsibility in accordance with |
|---|
| 10715 | | - | chapter 303 and proof of comprehensive and |
|---|
| 10716 | | - | collision coverage on the motor vehicle. Such |
|---|
| 10717 | | - | dealer shall maintain the original or an |
|---|
| 10718 | | - | electronic copy of the signed agreement and |
|---|
| 10719 | | - | deliver a copy of the signed agreement to the |
|---|
| 10720 | | - | purchaser. Such dealer shall also complete and |
|---|
| 10721 | | - | deliver to the director of revenue such form as |
|---|
| 10722 | | - | the director shall prescribe demonstrating that |
|---|
| 10723 | | - | the purchaser has purchased the vehicle without |
|---|
| 10724 | | - | contemporaneous delivery of the title. |
|---|
| 10725 | | - | Notwithstanding any provision of law to the |
|---|
| 10726 | | - | contrary, completion of the requirements of this |
|---|
| 10727 | | - | subsection shall constitute prima facie evidence |
|---|
| 10728 | | - | of an ownership interest vested in the purchaser |
|---|
| 10729 | | - | of the vehicle for all purposes other than for a |
|---|
| 10730 | | - | subsequent transfer of ownership of the vehicle |
|---|
| 10731 | | - | by the purchaser, subject to the rights of any |
|---|
| 10732 | | - | secured lienholder of record; however, the |
|---|
| 10733 | | - | purchaser may use the dealer -supplied copy of |
|---|
| 10734 | | - | the agreement to transfer his or her ownership |
|---|
| 10735 | | - | of the vehicle to an insurance company in |
|---|
| 10736 | | - | situations where the vehicle has been declared |
|---|
| 10737 | | - | salvage or a total loss by the insurance company |
|---|
| 10738 | | - | as a result of a settlement of a claim. Such |
|---|
| 10739 | | - | insurance company may apply for a salvage |
|---|
| 10740 | | - | certificate of title or junking certificate |
|---|
| 10741 | | - | pursuant to the provisi ons of subsection 3 of |
|---|
| 10742 | | - | section 301.193 in order to transfer its |
|---|
| 10743 | | - | interest in such vehicle. The purchaser may |
|---|
| 10744 | | - | also use the dealer-supplied copy of the |
|---|
| 10745 | | - | agreement on the form prescribed by the director |
|---|
| 10746 | | - | of revenue as proof of ownership interest. Any |
|---|
| 10747 | | - | lender or insurance company may rely upon a copy |
|---|
| 10748 | | - | of the signed written agreement on the form |
|---|
| 10749 | | - | prescribed by the director of revenue as proof |
|---|
| 10750 | | - | of ownership interest. Any lien placed upon a |
|---|
| 10751 | | - | vehicle based upon such signed written agreement |
|---|
| 10752 | | - | shall be valid and enforceable, notwithstanding |
|---|
| 10753 | | - | the absence of a certificate of ownership. |
|---|
| 10754 | | - | 269 |
|---|
| 10755 | | - | 4. Following a sale or other transaction |
|---|
| 10756 | | - | in which a certificate of ownership has not been |
|---|
| 10757 | | - | assigned from the owner to the licensed dealer, |
|---|
| 10758 | | - | the dealer shall, within ten busine ss days, |
|---|
| 10759 | | - | apply for a duplicate or replacement certificate |
|---|
| 10760 | | - | of ownership. Upon receipt of a duplicate or |
|---|
| 10761 | | - | replacement certificate of ownership applied for |
|---|
| 10762 | | - | under subsection 4 of section 301.300, the |
|---|
| 10763 | | - | dealer shall assign and deliver said certificate |
|---|
| 10764 | | - | of ownership to the purchaser of the vehicle |
|---|
| 10765 | | - | within five business days. The dealer shall |
|---|
| 10766 | | - | maintain proof of the assignment and delivery of |
|---|
| 10767 | | - | the certificate of ownership to the purchaser. |
|---|
| 10768 | | - | For purposes of this subsection, a dealer shall |
|---|
| 10769 | | - | be deemed to have del ivered the certificate of |
|---|
| 10770 | | - | ownership to the purchaser upon either: |
|---|
| 10771 | | - | (1) Physical delivery of the certificate |
|---|
| 10772 | | - | of ownership to any of the purchasers identified |
|---|
| 10773 | | - | in the contract with such dealer; or |
|---|
| 10774 | | - | (2) Mailing of the certificate, postage |
|---|
| 10775 | | - | prepaid, return receipt requested, to any of the |
|---|
| 10776 | | - | purchasers at any of their addresses identified |
|---|
| 10777 | | - | in the contract with such dealer. |
|---|
| 10778 | | - | 5. If a licensed dealer fails to comply |
|---|
| 10779 | | - | with subsection 3 of this section, and the |
|---|
| 10780 | | - | purchaser of the vehicle is thereby dam aged, |
|---|
| 10781 | | - | then the dealer shall be liable to the purchaser |
|---|
| 10782 | | - | of the vehicle for actual damages, plus court |
|---|
| 10783 | | - | costs and reasonable attorney fees. |
|---|
| 10784 | | - | 6. If a licensed dealer fails or is unable |
|---|
| 10785 | | - | to comply with subsection 4 of this section, and |
|---|
| 10786 | | - | the purchaser of the vehicle is thereby damaged, |
|---|
| 10787 | | - | then the dealer shall be liable to the purchaser |
|---|
| 10788 | | - | of the vehicle for actual damages, plus court |
|---|
| 10789 | | - | costs and reasonable attorney fees. If the |
|---|
| 10790 | | - | dealer cannot be found by the purchaser after |
|---|
| 10791 | | - | making reasonable attempts, or if the dealer |
|---|
| 10792 | | - | fails to assign and deliver the duplicate or |
|---|
| 10793 | | - | replacement certificate of ownership to the |
|---|
| 10794 | | - | purchaser by the date agreed upon by the dealer |
|---|
| 10795 | | - | and the purchaser, as required by subsection 4 |
|---|
| 10796 | | - | of this section, then the purchaser may deliver |
|---|
| 10797 | | - | to the director a copy of the contract for sale |
|---|
| 10798 | | - | of the vehicle, a copy of the application for |
|---|
| 10799 | | - | duplicate title provided by the dealer to the |
|---|
| 10800 | | - | purchaser, a copy of the secure power of |
|---|
| 10801 | | - | 270 |
|---|
| 10802 | | - | attorney allowing the dealer to assign the |
|---|
| 10803 | | - | duplicate title, and the proof or other evidence |
|---|
| 10804 | | - | obtained by the purchaser from the dealer under |
|---|
| 10805 | | - | subsection 3 of this section. Thereafter, the |
|---|
| 10806 | | - | director shall mail by certified mail, return |
|---|
| 10807 | | - | receipt requested, a notice to the dealer at the |
|---|
| 10808 | | - | last address given to the department by that |
|---|
| 10809 | | - | dealer. That notice shall inform the dealer |
|---|
| 10810 | | - | that the director intends to cancel any prior |
|---|
| 10811 | | - | certificate of title which may have been issued |
|---|
| 10812 | | - | to the dealer on the vehicle and issue to the |
|---|
| 10813 | | - | purchaser a certificate of title in the name of |
|---|
| 10814 | | - | the purchaser, subject to any liens incurred by |
|---|
| 10815 | | - | the purchaser in connection with the purchase of |
|---|
| 10816 | | - | the vehicle, unless the dealer, within ten |
|---|
| 10817 | | - | business days from the date of the director's |
|---|
| 10818 | | - | notice, files with the director a written |
|---|
| 10819 | | - | objection to the director taking such ac tion. |
|---|
| 10820 | | - | If the dealer does file a timely, written |
|---|
| 10821 | | - | objection with the director, then the director |
|---|
| 10822 | | - | shall not take any further action without an |
|---|
| 10823 | | - | order from a court of competent jurisdiction. |
|---|
| 10824 | | - | However, if the dealer does not file a timely, |
|---|
| 10825 | | - | written objection with the director, then the |
|---|
| 10826 | | - | director shall cancel the prior certificate of |
|---|
| 10827 | | - | title issued to the dealer on the vehicle and |
|---|
| 10828 | | - | issue a certificate of title to the purchaser of |
|---|
| 10829 | | - | the vehicle, subject to any liens incurred by |
|---|
| 10830 | | - | the purchaser in connection with the purchase of |
|---|
| 10831 | | - | the vehicle and subject to the purchaser |
|---|
| 10832 | | - | satisfying all applicable taxes and fees |
|---|
| 10833 | | - | associated with registering the vehicle. |
|---|
| 10834 | | - | 7. If a seller misrepresents to a dealer |
|---|
| 10835 | | - | that the seller is the owner of a vehicle and |
|---|
| 10836 | | - | the dealer, the owner, any subsequent purchaser, |
|---|
| 10837 | | - | or any prior or subsequent lienholder is thereby |
|---|
| 10838 | | - | damaged, then the seller shall be liable to each |
|---|
| 10839 | | - | such party for actual and punitive damages, plus |
|---|
| 10840 | | - | court costs and reasonable attorney fees. |
|---|
| 10841 | | - | 8. When a lienholder is da maged as a |
|---|
| 10842 | | - | result of a licensed dealer's acts, errors, |
|---|
| 10843 | | - | omissions, or violations of this section, then |
|---|
| 10844 | | - | the dealer shall be liable to the lienholder for |
|---|
| 10845 | | - | actual damages, plus court costs and reasonable |
|---|
| 10846 | | - | attorney fees. |
|---|
| 10847 | | - | 271 |
|---|
| 10848 | | - | 9. No court costs or attorney f ees shall |
|---|
| 10849 | | - | be awarded under this section unless, prior to |
|---|
| 10850 | | - | filing any such action, the following conditions |
|---|
| 10851 | | - | have been met: |
|---|
| 10852 | | - | (1) The aggrieved party seeking damages |
|---|
| 10853 | | - | has delivered an itemized written demand of the |
|---|
| 10854 | | - | party's actual damages to the party from whom |
|---|
| 10855 | | - | damages are sought; and |
|---|
| 10856 | | - | (2) The party from whom damages are sought |
|---|
| 10857 | | - | has not satisfied the written demand within |
|---|
| 10858 | | - | thirty days after receipt of the written demand. |
|---|
| 10859 | | - | 10. The department of revenue may use a |
|---|
| 10860 | | - | dealer's repeated or intention al violation of |
|---|
| 10861 | | - | this section as a cause to suspend, revoke, or |
|---|
| 10862 | | - | refuse to issue or renew any license required |
|---|
| 10863 | | - | pursuant to sections 301.550 to 301.580, in |
|---|
| 10864 | | - | addition to the causes set forth in section |
|---|
| 10865 | | - | 301.562. The hearing process shall be the same |
|---|
| 10866 | | - | as that established in subsection 6 of section |
|---|
| 10867 | | - | 301.562. |
|---|
| 10868 | | - | 11. No dealer shall enter into a contract |
|---|
| 10869 | | - | under this section after December 31, 2020. Any |
|---|
| 10870 | | - | contract entered into prior to December 31, |
|---|
| 10871 | | - | 2020, shall be enforceable as provided in this |
|---|
| 10872 | | - | section. This section shall be repealed |
|---|
| 10873 | | - | effective December 31, 2020. ] |
|---|
| 10874 | | - | [319.140. 1. There is established a task |
|---|
| 10875 | | - | force of the general assembly to be known as the |
|---|
| 10876 | | - | "Task Force on the Petroleum Storage Tank |
|---|
| 10877 | | - | Insurance Fund". Such task force shall be |
|---|
| 10878 | | - | composed of eight members. Three members shall |
|---|
| 10879 | | - | be from the house of representatives with two |
|---|
| 10880 | | - | appointed by the speaker of the house of |
|---|
| 10881 | | - | representatives and one appointed by the |
|---|
| 10882 | | - | minority floor leader of the house of |
|---|
| 10883 | | - | representatives. Three members shall be from |
|---|
| 10884 | | - | the senate with two appointed by the president |
|---|
| 10885 | | - | pro tempore of the senate and one appointed by |
|---|
| 10886 | | - | the minority floor leader of the senate. Two |
|---|
| 10887 | | - | members shall be industry stakeholders with one |
|---|
| 10888 | | - | appointed by the speaker of the house of |
|---|
| 10889 | | - | representatives and one appointed by the |
|---|
| 10890 | | - | president pro tempore of the senate. No more |
|---|
| 10891 | | - | than two members from either the house of |
|---|
| 10892 | | - | representatives or the senate shall be from the |
|---|
| 10893 | | - | 272 |
|---|
| 10894 | | - | same political party. A majority of the task |
|---|
| 10895 | | - | force shall constitute a quorum. |
|---|
| 10896 | | - | 2. The task force shall conduct research |
|---|
| 10897 | | - | and compile a report for delivery to the general |
|---|
| 10898 | | - | assembly by December 31, 2018, on the following: |
|---|
| 10899 | | - | (1) The efficacy of the petroleum storage |
|---|
| 10900 | | - | tank insurance fund and program; |
|---|
| 10901 | | - | (2) The sustainability of t he petroleum |
|---|
| 10902 | | - | storage tank insurance fund and program; |
|---|
| 10903 | | - | (3) The administration of the petroleum |
|---|
| 10904 | | - | storage tank insurance fund and program; |
|---|
| 10905 | | - | (4) The availability of private insurance |
|---|
| 10906 | | - | for above- and below-ground petroleum storage |
|---|
| 10907 | | - | tanks, and the necessity of insurance subsidies |
|---|
| 10908 | | - | created through the petroleum storage tank |
|---|
| 10909 | | - | insurance program; |
|---|
| 10910 | | - | (5) Compliance with federal programs, |
|---|
| 10911 | | - | regulations, and advisory reports; and |
|---|
| 10912 | | - | (6) The comparability of the petroleum |
|---|
| 10913 | | - | storage tank insurance program to other states' |
|---|
| 10914 | | - | programs and states without such programs. |
|---|
| 10915 | | - | 3. The task force shall meet within thirty |
|---|
| 10916 | | - | days after its creation and organize by |
|---|
| 10917 | | - | selecting a chairperson and vice chairperson, |
|---|
| 10918 | | - | one of whom shall be a member of the senate and |
|---|
| 10919 | | - | the other a member of the house of |
|---|
| 10920 | | - | representatives. Thereafter, the task force may |
|---|
| 10921 | | - | meet as often as necessary in order to |
|---|
| 10922 | | - | accomplish the tasks assigned to it. |
|---|
| 10923 | | - | 4. The task force shall be staffed by |
|---|
| 10924 | | - | legislative staff as necessary to assist the |
|---|
| 10925 | | - | task force in the performance of its duties. |
|---|
| 10926 | | - | 5. The members of the task force shall |
|---|
| 10927 | | - | serve without compensation but shall be entitled |
|---|
| 10928 | | - | to reimbursement for actual and necessary |
|---|
| 10929 | | - | expenses incurred in the performance of their |
|---|
| 10930 | | - | official duties. |
|---|
| 10931 | | - | 6. This section shall expire on December |
|---|
| 10932 | | - | 31, 2018.] |
|---|
| 10933 | | - | [320.093. 1. Any person, firm or |
|---|
| 10934 | | - | corporation who purchases a dry fire hydrant, as |
|---|
| 10935 | | - | defined in section 320.273, or provides an |
|---|
| 10936 | | - | acceptable means of water storage for such dry |
|---|
| 10937 | | - | fire hydrant includin g a pond, tank or other |
|---|
| 10938 | | - | storage facility with the primary purpose of |
|---|
| 10939 | | - | 273 |
|---|
| 10940 | | - | fire protection within the state of Missouri, |
|---|
| 10941 | | - | shall be eligible for a credit on income taxes |
|---|
| 10942 | | - | otherwise due pursuant to chapter 143, except |
|---|
| 10943 | | - | sections 143.191 to 143.261, as an incentiv e to |
|---|
| 10944 | | - | implement safe and efficient fire protection |
|---|
| 10945 | | - | controls. The tax credit, not to exceed five |
|---|
| 10946 | | - | thousand dollars, shall be equal to fifty |
|---|
| 10947 | | - | percent of the cost in actual expenditure for |
|---|
| 10948 | | - | any new water storage construction, equipment, |
|---|
| 10949 | | - | development and installation of the dry hydrant, |
|---|
| 10950 | | - | including pipes, valves, hydrants and labor for |
|---|
| 10951 | | - | each such installation of a dry hydrant or new |
|---|
| 10952 | | - | water storage facility. The amount of the tax |
|---|
| 10953 | | - | credit claimed for in -kind contributions shall |
|---|
| 10954 | | - | not exceed twenty-five percent of the total |
|---|
| 10955 | | - | amount of the contribution for which the tax |
|---|
| 10956 | | - | credit is claimed. |
|---|
| 10957 | | - | 2. Any amount of credit which exceeds the |
|---|
| 10958 | | - | tax due shall not be refunded but may be carried |
|---|
| 10959 | | - | over to any subsequent taxable year, not to |
|---|
| 10960 | | - | exceed seven years. The person, firm or |
|---|
| 10961 | | - | corporation may elect to assign to a third party |
|---|
| 10962 | | - | the approved tax credit. The certificate of |
|---|
| 10963 | | - | assignment and other appropriate forms shall be |
|---|
| 10964 | | - | filed with the Missouri department of revenue |
|---|
| 10965 | | - | and the department of economic development. |
|---|
| 10966 | | - | 3. The person, firm or corporation shall |
|---|
| 10967 | | - | make application for the credit to the |
|---|
| 10968 | | - | department of economic development after |
|---|
| 10969 | | - | receiving approval of the state fire marshal. |
|---|
| 10970 | | - | The fire marshal shall establish by rule |
|---|
| 10971 | | - | promulgated pursuant to chapter 536 the |
|---|
| 10972 | | - | requirements to be met based on the National |
|---|
| 10973 | | - | Resources Conservation Service's Dry Hydrant |
|---|
| 10974 | | - | Standard. The state fire marshal or designated |
|---|
| 10975 | | - | local representative shall review and authorize |
|---|
| 10976 | | - | the construction and installation of any dry |
|---|
| 10977 | | - | fire hydrant site. Only approved dry fire |
|---|
| 10978 | | - | hydrant sites shall be eligible for tax credits |
|---|
| 10979 | | - | as indicated in this section. Under no |
|---|
| 10980 | | - | circumstance shall such authority deny any |
|---|
| 10981 | | - | entity the ability to provide a dry fire hydrant |
|---|
| 10982 | | - | site when tax credits are not requested. |
|---|
| 10983 | | - | 4. The department of public safety shall |
|---|
| 10984 | | - | certify to the department of revenue that the |
|---|
| 10985 | | - | dry hydrant system meets the requirements to |
|---|
| 10986 | | - | 274 |
|---|
| 10987 | | - | obtain a tax credit as specified in subsection 5 |
|---|
| 10988 | | - | of this section. |
|---|
| 10989 | | - | 5. In order to qualify for a tax credit |
|---|
| 10990 | | - | under this section, a dry hydrant or new water |
|---|
| 10991 | | - | storage facility shall meet the following |
|---|
| 10992 | | - | minimum requirements: |
|---|
| 10993 | | - | (1) Each body of water or water storage |
|---|
| 10994 | | - | structure shall be able to provide two hundred |
|---|
| 10995 | | - | fifty gallons per minute for a continuous two - |
|---|
| 10996 | | - | hour period during a fifty-year drought or |
|---|
| 10997 | | - | freeze at a vertical lift of eighteen feet; |
|---|
| 10998 | | - | (2) Each dry hydrant shall be located |
|---|
| 10999 | | - | within twenty-five feet of an all-weather |
|---|
| 11000 | | - | roadway and shall be accessible to fire |
|---|
| 11001 | | - | protection equipment; |
|---|
| 11002 | | - | (3) Dry hydrants shall be l ocated a |
|---|
| 11003 | | - | reasonable distance from other dry or |
|---|
| 11004 | | - | pressurized hydrants; and |
|---|
| 11005 | | - | (4) The site shall provide a measurable |
|---|
| 11006 | | - | economic improvement potential for rural |
|---|
| 11007 | | - | development. |
|---|
| 11008 | | - | 6. New credits shall not be awarded under |
|---|
| 11009 | | - | this section after August 28, 2010. The total |
|---|
| 11010 | | - | amount of all tax credits allowed pursuant to |
|---|
| 11011 | | - | this section is five hundred thousand dollars in |
|---|
| 11012 | | - | any one fiscal year as approved by the director |
|---|
| 11013 | | - | of the department of economic development. |
|---|
| 11014 | | - | 7. Any rule or portion of a rule, as that |
|---|
| 11015 | | - | term is defined in section 536.010, that is |
|---|
| 11016 | | - | created under the authority delegated in this |
|---|
| 11017 | | - | section shall become effective only if it |
|---|
| 11018 | | - | complies with and is subject to all of the |
|---|
| 11019 | | - | provisions of chapter 536 and, if applicable, |
|---|
| 11020 | | - | section 536.028. This section and chapter 536 |
|---|
| 11021 | | - | are nonseverable and if any of the powers vested |
|---|
| 11022 | | - | with the general assembly pursuant to chapter |
|---|
| 11023 | | - | 536 to review, to delay the effective date or to |
|---|
| 11024 | | - | disapprove and annul a rule are subsequently |
|---|
| 11025 | | - | held unconstitutional, then the grant of |
|---|
| 11026 | | - | rulemaking authority and any rule proposed or |
|---|
| 11027 | | - | adopted after August 28, 2007, shall be invalid |
|---|
| 11028 | | - | and void.] |
|---|
| 11029 | | - | [332.304. The specific duties of the |
|---|
| 11030 | | - | committee shall include the following: |
|---|
| 11031 | | - | 275 |
|---|
| 11032 | | - | (1) Designing a training program for |
|---|
| 11033 | | - | dental hygienists which allows coursework to be |
|---|
| 11034 | | - | completed off-site from the educational |
|---|
| 11035 | | - | institution, and clinical and didactic training |
|---|
| 11036 | | - | to be delivered in the office of a dentist |
|---|
| 11037 | | - | licensed under this chapter, if such offsite |
|---|
| 11038 | | - | dental office is a part of an accredited dental |
|---|
| 11039 | | - | hygiene program through the Commission on Dental |
|---|
| 11040 | | - | Accreditation of the American Dental Association |
|---|
| 11041 | | - | as an extended campus facility or any other |
|---|
| 11042 | | - | facility approved by the council on dental |
|---|
| 11043 | | - | accreditation; |
|---|
| 11044 | | - | (2) Developing suggestions for the |
|---|
| 11045 | | - | creation of a contract between the department |
|---|
| 11046 | | - | and an institution of higher education to |
|---|
| 11047 | | - | establish the training program designed under |
|---|
| 11048 | | - | subdivision (1) of this section; |
|---|
| 11049 | | - | (3) Analyzing issues relating to the |
|---|
| 11050 | | - | curriculum, funding, and administration of t he |
|---|
| 11051 | | - | training program designed under subdivision (1) |
|---|
| 11052 | | - | of this section; and |
|---|
| 11053 | | - | (4) On or before November 1, 2005, |
|---|
| 11054 | | - | delivering to both houses of the general |
|---|
| 11055 | | - | assembly and the governor a report on the |
|---|
| 11056 | | - | training program designed under subdivision (1) |
|---|
| 11057 | | - | of this section and any suggestions developed |
|---|
| 11058 | | - | and analysis made under subdivisions (2) and (3) |
|---|
| 11059 | | - | of this section.] |
|---|
| 11060 | | - | [332.305. The committee shall dissolve |
|---|
| 11061 | | - | upon delivery of the report required under |
|---|
| 11062 | | - | subdivision (4) of section 332.304. ] |
|---|
| 11063 | | - | [334.153. 1. No person other than a |
|---|
| 11064 | | - | physician licensed under this chapter shall |
|---|
| 11065 | | - | perform the following interventions in the |
|---|
| 11066 | | - | course of diagnosing or treating pain which is |
|---|
| 11067 | | - | chronic, persistent and intractable, or occurs |
|---|
| 11068 | | - | outside of a surgical, ob stetrical, or |
|---|
| 11069 | | - | postoperative course of care: |
|---|
| 11070 | | - | (1) Ablation of targeted nerves; |
|---|
| 11071 | | - | (2) Percutaneous precision needle |
|---|
| 11072 | | - | placement within the spinal column with |
|---|
| 11073 | | - | placement of drugs, such as local anesthetics, |
|---|
| 11074 | | - | steroids, and analgesics, in the spinal co lumn |
|---|
| 11075 | | - | under fluoroscopic guidance. The provisions of |
|---|
| 11076 | | - | this subdivision shall not apply to interlaminar |
|---|
| 11077 | | - | 276 |
|---|
| 11078 | | - | lumbar epidural injections performed in a |
|---|
| 11079 | | - | hospital as defined in section 197.020 or an |
|---|
| 11080 | | - | ambulatory surgery center as defined in section |
|---|
| 11081 | | - | 197.200 if the standard of care for Medicare |
|---|
| 11082 | | - | reimbursement for interlaminar or translaminar |
|---|
| 11083 | | - | lumbar epidural injections is changed after |
|---|
| 11084 | | - | August 28, 2012, to allow reimbursement only |
|---|
| 11085 | | - | with the use of image guidance; or |
|---|
| 11086 | | - | (3) Laser or endoscopic discectomy, or the |
|---|
| 11087 | | - | surgical placement of intrathecal infusion |
|---|
| 11088 | | - | pumps, and or spinal cord stimulators. |
|---|
| 11089 | | - | 2. Nothing in this section shall be |
|---|
| 11090 | | - | construed to prohibit or restrict the |
|---|
| 11091 | | - | performance of surgical or obstetrical |
|---|
| 11092 | | - | anesthesia services or postoperative pain |
|---|
| 11093 | | - | control by a certified registered nurse |
|---|
| 11094 | | - | anesthetist pursuant to subsection 7 of section |
|---|
| 11095 | | - | 334.104 or by an anesthesiologist assistant |
|---|
| 11096 | | - | licensed pursuant to sections 334.400 to 334.434. |
|---|
| 11097 | | - | 3. The state board of registration for the |
|---|
| 11098 | | - | healing arts may promulgate rules to implement |
|---|
| 11099 | | - | the provisions of this section, except that such |
|---|
| 11100 | | - | authority shall not apply to rulemaking |
|---|
| 11101 | | - | authority to define or regulate the scope of |
|---|
| 11102 | | - | practice of certified registered nurse |
|---|
| 11103 | | - | anesthetists. Any rule or portion of a rule, as |
|---|
| 11104 | | - | that term is defined in section 536.010, that is |
|---|
| 11105 | | - | created under the authority delegated in this |
|---|
| 11106 | | - | section shall become effective only if it |
|---|
| 11107 | | - | complies with and is subject to all of the |
|---|
| 11108 | | - | provisions of chapter 536 and, if applicable, |
|---|
| 11109 | | - | section 536.028. This section and chapter 536 |
|---|
| 11110 | | - | are nonseverable and if any of the powers vested |
|---|
| 11111 | | - | with the general assembly pursuant to chapter |
|---|
| 11112 | | - | 536 to review, to delay the effective date, or |
|---|
| 11113 | | - | to disapprove and annul a rule are subsequently |
|---|
| 11114 | | - | held unconstitutional, then the grant of |
|---|
| 11115 | | - | rulemaking authority and any rule proposed or |
|---|
| 11116 | | - | adopted after August 28, 2012, shall be invalid |
|---|
| 11117 | | - | and void. |
|---|
| 11118 | | - | 4. The provisions of this section shall |
|---|
| 11119 | | - | automatically expire four years after August 28, |
|---|
| 11120 | | - | 2012, unless reauthorized by an act of the |
|---|
| 11121 | | - | general assembly.] |
|---|
| 11122 | | - | 277 |
|---|
| 11123 | | - | [334.1135. 1. There is hereby established |
|---|
| 11124 | | - | a joint task force to be known as the "Joint |
|---|
| 11125 | | - | Task Force on Radiologic Technologist Licensure". |
|---|
| 11126 | | - | 2. The task force shall be composed of the |
|---|
| 11127 | | - | following: |
|---|
| 11128 | | - | (1) Two members of the senat e, one of whom |
|---|
| 11129 | | - | shall be appointed by the president pro tempore |
|---|
| 11130 | | - | and one by the minority leader of the senate; |
|---|
| 11131 | | - | (2) Two members of the house of |
|---|
| 11132 | | - | representatives, one of whom shall be appointed |
|---|
| 11133 | | - | by the speaker and one by the minority leader of |
|---|
| 11134 | | - | the house of representatives; |
|---|
| 11135 | | - | (3) A clinic administrator, or his or her |
|---|
| 11136 | | - | designee, appointed by the Missouri Association |
|---|
| 11137 | | - | of Rural Health Clinics; |
|---|
| 11138 | | - | (4) A physician appointed by the Missouri |
|---|
| 11139 | | - | State Medical Association; |
|---|
| 11140 | | - | (5) A pain management physic ian appointed |
|---|
| 11141 | | - | by the Missouri Society of Anesthesiologists; |
|---|
| 11142 | | - | (6) A radiologic technologist appointed by |
|---|
| 11143 | | - | the Missouri Society of Radiologic Technologists; |
|---|
| 11144 | | - | (7) A nuclear medicine technologist |
|---|
| 11145 | | - | appointed by the Missouri Valley Chapter of the |
|---|
| 11146 | | - | Society of Nuclear Medicine and Molecular |
|---|
| 11147 | | - | Imaging; |
|---|
| 11148 | | - | (8) An administrator of an ambulatory |
|---|
| 11149 | | - | surgical center appointed by the Missouri |
|---|
| 11150 | | - | Ambulatory Surgical Center Association; |
|---|
| 11151 | | - | (9) A physician appointed by the Missouri |
|---|
| 11152 | | - | Academy of Family Physicians; |
|---|
| 11153 | | - | (10) A certified registered nurse |
|---|
| 11154 | | - | anesthetist appointed by the Missouri |
|---|
| 11155 | | - | Association of Nurse Anesthetists; |
|---|
| 11156 | | - | (11) A physician appointed by the Missouri |
|---|
| 11157 | | - | Radiological Society; |
|---|
| 11158 | | - | (12) The director of the Missouri state |
|---|
| 11159 | | - | board of registration for the healing arts, or |
|---|
| 11160 | | - | his or her designee; and |
|---|
| 11161 | | - | (13) The director of the Missouri state |
|---|
| 11162 | | - | board of nursing, or his or her designee. |
|---|
| 11163 | | - | 3. The task force shall review the current |
|---|
| 11164 | | - | status of licensure of radiologic technologists |
|---|
| 11165 | | - | in Missouri and shall develop a plan to address |
|---|
| 11166 | | - | the most appropriate method to protect public |
|---|
| 11167 | | - | safety when radiologic imaging and radiologic |
|---|
| 11168 | | - | procedures are utilized. The plan shall include: |
|---|
| 11169 | | - | 278 |
|---|
| 11170 | | - | (1) An analysis of the risks associated if |
|---|
| 11171 | | - | radiologic technologists are n ot licensed; |
|---|
| 11172 | | - | (2) The creation of a Radiologic Imaging |
|---|
| 11173 | | - | and Radiation Therapy Advisory Commission; |
|---|
| 11174 | | - | (3) Procedures to address the specific |
|---|
| 11175 | | - | needs of rural health care and the availability |
|---|
| 11176 | | - | of licensed radiologic technologists; |
|---|
| 11177 | | - | (4) Requirements for licensure of |
|---|
| 11178 | | - | radiographers, radiation therapists, nuclear |
|---|
| 11179 | | - | medicine technologists, nuclear medicine |
|---|
| 11180 | | - | advanced associates, radiologist assistants, and |
|---|
| 11181 | | - | limited x-ray machine operators; |
|---|
| 11182 | | - | (5) Reasonable exemptions to licensure; |
|---|
| 11183 | | - | (6) Continuing education and training; |
|---|
| 11184 | | - | (7) Penalty provisions; and |
|---|
| 11185 | | - | (8) Other items that the task force deems |
|---|
| 11186 | | - | relevant for the proper determination of |
|---|
| 11187 | | - | licensure of radiologic technologists in |
|---|
| 11188 | | - | Missouri. |
|---|
| 11189 | | - | 4. The task force shall meet within thirty |
|---|
| 11190 | | - | days of its creation and select a chair and vice |
|---|
| 11191 | | - | chair. A majority of the task force shall |
|---|
| 11192 | | - | constitute a quorum, but the concurrence of a |
|---|
| 11193 | | - | majority of total members shall be required for |
|---|
| 11194 | | - | the determination of any matter within the task |
|---|
| 11195 | | - | force's duties. |
|---|
| 11196 | | - | 5. The task force shall be staffed by |
|---|
| 11197 | | - | legislative personnel as is deemed necessary to |
|---|
| 11198 | | - | assist the task force in the performance of its |
|---|
| 11199 | | - | duties. |
|---|
| 11200 | | - | 6. The members of the task force shall |
|---|
| 11201 | | - | serve without compensation, but may, subject to |
|---|
| 11202 | | - | appropriation, be entitled to reimbursement for |
|---|
| 11203 | | - | actual and necessary expenses incurred in the |
|---|
| 11204 | | - | performance of their official duties. |
|---|
| 11205 | | - | 7. The task force shall submit a full |
|---|
| 11206 | | - | report of its activities, including the plan |
|---|
| 11207 | | - | developed under subsection 3 of this sectio n, to |
|---|
| 11208 | | - | the general assembly on or before January 15, |
|---|
| 11209 | | - | 2020. The task force shall send copies of the |
|---|
| 11210 | | - | report to the director of the division of |
|---|
| 11211 | | - | professional registration. ] |
|---|
| 11212 | | - | [338.320. 1. There is hereby established |
|---|
| 11213 | | - | the "Missouri Electroni c Prior Authorization |
|---|
| 11214 | | - | Committee" in order to facilitate, monitor, and |
|---|
| 11215 | | - | 279 |
|---|
| 11216 | | - | report to the general assembly on Missouri -based |
|---|
| 11217 | | - | efforts to contribute to the establishment of |
|---|
| 11218 | | - | national electronic prior authorization |
|---|
| 11219 | | - | standards. Such efforts shall include the |
|---|
| 11220 | | - | Missouri-based electronic prior authorization |
|---|
| 11221 | | - | pilot program established under subsection 5 of |
|---|
| 11222 | | - | this section and the study and dissemination of |
|---|
| 11223 | | - | information by the committee of the efforts of |
|---|
| 11224 | | - | the National Council on Prescription Drug |
|---|
| 11225 | | - | Programs (NCPDP) to de velop national electronic |
|---|
| 11226 | | - | prior authorization standards. The committee |
|---|
| 11227 | | - | shall advise the general assembly and the |
|---|
| 11228 | | - | department of commerce and insurance as to |
|---|
| 11229 | | - | whether there is a need for administrative rules |
|---|
| 11230 | | - | to be promulgated by the department of commer ce |
|---|
| 11231 | | - | and insurance as soon as practically possible. |
|---|
| 11232 | | - | 2. The Missouri electronic prior |
|---|
| 11233 | | - | authorization committee shall consist of the |
|---|
| 11234 | | - | following members: |
|---|
| 11235 | | - | (1) Two members of the senate, appointed |
|---|
| 11236 | | - | by the president pro tempore of the senate; |
|---|
| 11237 | | - | (2) Two members of the house of |
|---|
| 11238 | | - | representatives, appointed by the speaker of the |
|---|
| 11239 | | - | house of representatives; |
|---|
| 11240 | | - | (3) One member from an organization of |
|---|
| 11241 | | - | licensed physicians in the state; |
|---|
| 11242 | | - | (4) One member who is a physician licensed |
|---|
| 11243 | | - | in Missouri pursuant to chapter 334; |
|---|
| 11244 | | - | (5) One member who is a representative of |
|---|
| 11245 | | - | a Missouri pharmacy benefit management company; |
|---|
| 11246 | | - | (6) One member from an organization |
|---|
| 11247 | | - | representing licensed pharmacists in the state; |
|---|
| 11248 | | - | (7) One member from the business community |
|---|
| 11249 | | - | representing businesses on health insurance |
|---|
| 11250 | | - | issues; |
|---|
| 11251 | | - | (8) One member from an organization |
|---|
| 11252 | | - | representing the leading research -based |
|---|
| 11253 | | - | pharmaceutical and biotechnology companies; |
|---|
| 11254 | | - | (9) One member from an organization |
|---|
| 11255 | | - | representing the largest generic pharmaceutical |
|---|
| 11256 | | - | trade association; |
|---|
| 11257 | | - | (10) One patient advocate; |
|---|
| 11258 | | - | (11) One member from an electronic |
|---|
| 11259 | | - | prescription network that facilitates the secure |
|---|
| 11260 | | - | electronic exchange of clinical information |
|---|
| 11261 | | - | between physicians, pharmacies, payers, and |
|---|
| 11262 | | - | 280 |
|---|
| 11263 | | - | pharmacy benefit managers and other health care |
|---|
| 11264 | | - | providers; |
|---|
| 11265 | | - | (12) One member from a Missouri -based |
|---|
| 11266 | | - | electronic health records company; |
|---|
| 11267 | | - | (13) One member from an organization |
|---|
| 11268 | | - | representing the largest number of hospitals in |
|---|
| 11269 | | - | the state; |
|---|
| 11270 | | - | (14) One member from a health carrier as |
|---|
| 11271 | | - | such term is defined under section 376.1350; |
|---|
| 11272 | | - | (15) One member from an organization |
|---|
| 11273 | | - | representing the largest number of health |
|---|
| 11274 | | - | carriers in the state, as such term is defined |
|---|
| 11275 | | - | under section 376.1350; |
|---|
| 11276 | | - | (16) The director of the department of |
|---|
| 11277 | | - | social services, or the director's designee; |
|---|
| 11278 | | - | (17) The director of the department of |
|---|
| 11279 | | - | commerce and insurance, who shall be chair of |
|---|
| 11280 | | - | the committee. |
|---|
| 11281 | | - | 3. All of the members, except for the |
|---|
| 11282 | | - | members from the general assembly , shall be |
|---|
| 11283 | | - | appointed by the governor no later than |
|---|
| 11284 | | - | September 1, 2012, with the advice and consent |
|---|
| 11285 | | - | of the senate. The staff of the department of |
|---|
| 11286 | | - | commerce and insurance shall provide assistance |
|---|
| 11287 | | - | to the committee. |
|---|
| 11288 | | - | 4. The duties of the committee sha ll be as |
|---|
| 11289 | | - | follows: |
|---|
| 11290 | | - | (1) Before February 1, 2019, monitor and |
|---|
| 11291 | | - | report to the general assembly on the Missouri - |
|---|
| 11292 | | - | based electronic prior authorization pilot |
|---|
| 11293 | | - | program created under subsection 5 of this |
|---|
| 11294 | | - | section including a report of the outcomes and |
|---|
| 11295 | | - | best practices developed as a result of the |
|---|
| 11296 | | - | pilot program and how such information can be |
|---|
| 11297 | | - | used to inform the national standard -setting |
|---|
| 11298 | | - | process; |
|---|
| 11299 | | - | (2) Obtain specific updates from the NCPDP |
|---|
| 11300 | | - | and other pharmacy benefit managers and vendors |
|---|
| 11301 | | - | that are currently engaged in pilot programs |
|---|
| 11302 | | - | working toward national electronic prior |
|---|
| 11303 | | - | authorization standards; |
|---|
| 11304 | | - | (3) Correspond and collaborate with the |
|---|
| 11305 | | - | NCPDP and other such pilots through the exchange |
|---|
| 11306 | | - | of information and ideas; |
|---|
| 11307 | | - | (4) Assist, when asked by the pharmacy |
|---|
| 11308 | | - | benefit manager, with the development of the |
|---|
| 11309 | | - | 281 |
|---|
| 11310 | | - | pilot program created under subsection 5 of this |
|---|
| 11311 | | - | section with an understanding of information on |
|---|
| 11312 | | - | the success and failures of other pilot programs |
|---|
| 11313 | | - | across the country; |
|---|
| 11314 | | - | (5) Prepare a report at the end of each |
|---|
| 11315 | | - | calendar year to be distributed to the general |
|---|
| 11316 | | - | assembly and governor with a summary of the |
|---|
| 11317 | | - | committee's progress and plans for the next |
|---|
| 11318 | | - | calendar year, including a report on Missouri - |
|---|
| 11319 | | - | based efforts to contribute to the establishment |
|---|
| 11320 | | - | of national electronic prior authorization |
|---|
| 11321 | | - | standards. Such annual report shall continue |
|---|
| 11322 | | - | until such time as the NCPDP has established |
|---|
| 11323 | | - | national electronic prior authorization |
|---|
| 11324 | | - | standards or this section has expired, whichever |
|---|
| 11325 | | - | is sooner. The first report sha ll be completed |
|---|
| 11326 | | - | before January 1, 2013; |
|---|
| 11327 | | - | (6) Upon the adoption of national |
|---|
| 11328 | | - | electronic prior authorization standards by the |
|---|
| 11329 | | - | NCPDP, prepare a final report to be distributed |
|---|
| 11330 | | - | to the general assembly and governor that |
|---|
| 11331 | | - | identifies the appropriate Missou ri |
|---|
| 11332 | | - | administrative regulations, if any, that will |
|---|
| 11333 | | - | need to be promulgated by the department of |
|---|
| 11334 | | - | commerce and insurance, in order to make those |
|---|
| 11335 | | - | standards effective as soon as practically |
|---|
| 11336 | | - | possible, and advise the general assembly and |
|---|
| 11337 | | - | governor if there are any legislative actions |
|---|
| 11338 | | - | necessary to the furtherance of that end. |
|---|
| 11339 | | - | 5. The department of commerce and |
|---|
| 11340 | | - | insurance and the Missouri electronic prior |
|---|
| 11341 | | - | authorization committee shall recruit a Missouri - |
|---|
| 11342 | | - | based pharmacy benefits manager doing business |
|---|
| 11343 | | - | nationally to volunteer to conduct an electronic |
|---|
| 11344 | | - | prior authorization pilot program in Missouri. |
|---|
| 11345 | | - | The pharmacy benefits manager conducting the |
|---|
| 11346 | | - | pilot program shall ensure that there are |
|---|
| 11347 | | - | adequate Missouri licensed physicians and an |
|---|
| 11348 | | - | electronic prior authoriza tion vendor capable |
|---|
| 11349 | | - | and willing to participate in a Missouri -based |
|---|
| 11350 | | - | pilot program. Such pilot program established |
|---|
| 11351 | | - | under this section shall be operational by |
|---|
| 11352 | | - | January 1, 2014. The department and the |
|---|
| 11353 | | - | committee may provide advice or assistance to |
|---|
| 11354 | | - | the pharmacy benefit manager conducting the |
|---|
| 11355 | | - | 282 |
|---|
| 11356 | | - | pilot program but shall not maintain control or |
|---|
| 11357 | | - | lead with the direction of the pilot program. |
|---|
| 11358 | | - | 6. Pursuant to section 23.253 of the |
|---|
| 11359 | | - | Missouri sunset act: |
|---|
| 11360 | | - | (1) The provisions of the new program |
|---|
| 11361 | | - | authorized under this section shall sunset |
|---|
| 11362 | | - | automatically six years after August 28, 2012, |
|---|
| 11363 | | - | unless reauthorized by an act of the general |
|---|
| 11364 | | - | assembly; and |
|---|
| 11365 | | - | (2) If such program is reauthorized, the |
|---|
| 11366 | | - | program authorized under this section shall |
|---|
| 11367 | | - | sunset automatically tw elve years after the |
|---|
| 11368 | | - | effective date of the reauthorization of this |
|---|
| 11369 | | - | section; and |
|---|
| 11370 | | - | (3) This section shall terminate on |
|---|
| 11371 | | - | September first of the calendar year immediately |
|---|
| 11372 | | - | following the calendar year in which the program |
|---|
| 11373 | | - | authorized under this section i s sunset.] |
|---|
| 11374 | | - | [374.007. 1. The revisor of statutes |
|---|
| 11375 | | - | shall change all references in the revised |
|---|
| 11376 | | - | statutes of Missouri from "department of |
|---|
| 11377 | | - | insurance", "insurance department" or |
|---|
| 11378 | | - | "department of insurance, financial and |
|---|
| 11379 | | - | professional regulation " to "department of |
|---|
| 11380 | | - | insurance, financial institutions and |
|---|
| 11381 | | - | professional registration". |
|---|
| 11382 | | - | 2. The revisor of statutes shall change |
|---|
| 11383 | | - | all references in the revised statutes of |
|---|
| 11384 | | - | Missouri from "director of insurance" or |
|---|
| 11385 | | - | "commissioner of insurance" to "dire ctor of the |
|---|
| 11386 | | - | department of insurance, financial institutions |
|---|
| 11387 | | - | and professional registration". ] |
|---|
| 11388 | | - | [393.1072. 1. There is hereby established |
|---|
| 11389 | | - | the "Task Force on Fair, Nondiscriminatory Local |
|---|
| 11390 | | - | Taxation Concerning Solar Energy Systems", which |
|---|
| 11391 | | - | shall be composed of the following members: |
|---|
| 11392 | | - | (1) Three members of the house of |
|---|
| 11393 | | - | representatives, with not more than two members |
|---|
| 11394 | | - | from the same political party and each member to |
|---|
| 11395 | | - | be appointed by the speaker of the house of |
|---|
| 11396 | | - | representatives; |
|---|
| 11397 | | - | (2) Three members of the senate, with not |
|---|
| 11398 | | - | more than two members from the same political |
|---|
| 11399 | | - | party and each member to be appointed by the |
|---|
| 11400 | | - | president pro tempore of the senate; |
|---|
| 11401 | | - | 283 |
|---|
| 11402 | | - | (3) Two currently elected county assessors |
|---|
| 11403 | | - | from Missouri county governments, wit h one to be |
|---|
| 11404 | | - | appointed by the speaker of the house of |
|---|
| 11405 | | - | representatives and one to be appointed by the |
|---|
| 11406 | | - | president pro tempore of the senate; |
|---|
| 11407 | | - | (4) Two representatives from the Missouri |
|---|
| 11408 | | - | state tax commission to be appointed by the |
|---|
| 11409 | | - | commissioners of the M issouri state tax |
|---|
| 11410 | | - | commission; |
|---|
| 11411 | | - | (5) Two representatives from a statewide |
|---|
| 11412 | | - | agricultural organization, with one to be |
|---|
| 11413 | | - | appointed by the speaker of the house of |
|---|
| 11414 | | - | representatives and one to be appointed by the |
|---|
| 11415 | | - | president pro tempore of the senate; |
|---|
| 11416 | | - | (6) Two representatives from the private |
|---|
| 11417 | | - | sector with experience in utility -scale solar |
|---|
| 11418 | | - | energy development and operation, with one to be |
|---|
| 11419 | | - | appointed by the speaker of the house of |
|---|
| 11420 | | - | representatives and one to be appointed by the |
|---|
| 11421 | | - | president pro tempore of the senate; and |
|---|
| 11422 | | - | (7) One member from an organization that |
|---|
| 11423 | | - | advocates for policy supporting solar energy |
|---|
| 11424 | | - | appointed by the chair of the public service |
|---|
| 11425 | | - | commission. |
|---|
| 11426 | | - | 2. The task force shall conduct public |
|---|
| 11427 | | - | hearings and research and compile a report fo r |
|---|
| 11428 | | - | delivery to the general assembly before December |
|---|
| 11429 | | - | 31, 2022. Such report shall include information |
|---|
| 11430 | | - | on the following: |
|---|
| 11431 | | - | (1) The economic benefits and drawbacks of |
|---|
| 11432 | | - | solar energy systems to local communities and |
|---|
| 11433 | | - | the state; |
|---|
| 11434 | | - | (2) The fair, uniform, and standardized |
|---|
| 11435 | | - | assessment and taxation of solar energy systems |
|---|
| 11436 | | - | and their connected equipment owned by a retail |
|---|
| 11437 | | - | or wholesale provider of electricity at the |
|---|
| 11438 | | - | county level in all counties; |
|---|
| 11439 | | - | (3) Compliance with existing federal and |
|---|
| 11440 | | - | state programs and regulations; and |
|---|
| 11441 | | - | (4) Potential legislation that will |
|---|
| 11442 | | - | provide a uniform assessment and taxation |
|---|
| 11443 | | - | methodology for solar energy systems and their |
|---|
| 11444 | | - | connected equipment owned by a retail or |
|---|
| 11445 | | - | wholesale provider of electricity that will be |
|---|
| 11446 | | - | used in every county of Missouri. |
|---|
| 11447 | | - | 284 |
|---|
| 11448 | | - | 3. The task force shall meet within thirty |
|---|
| 11449 | | - | days after its creation and shall organize by |
|---|
| 11450 | | - | selecting a chair and vice chair, one of whom |
|---|
| 11451 | | - | shall be a member of the senate and the other a |
|---|
| 11452 | | - | member of the house of representatives. |
|---|
| 11453 | | - | Thereafter, the task force may meet as often as |
|---|
| 11454 | | - | necessary in order to accomplish the tasks |
|---|
| 11455 | | - | assigned to it. Meetings may be held by |
|---|
| 11456 | | - | telephone or video conference at the discretion |
|---|
| 11457 | | - | of the chair. The chair shall designate a |
|---|
| 11458 | | - | person to keep the records of the task force. A |
|---|
| 11459 | | - | majority of the task force shall constitute a |
|---|
| 11460 | | - | quorum, and a majority vote of such quorum shall |
|---|
| 11461 | | - | be required for any action. |
|---|
| 11462 | | - | 4. The staff of house research and senate |
|---|
| 11463 | | - | research shall provide necessary clerical, |
|---|
| 11464 | | - | research, fiscal, and legal services to the task |
|---|
| 11465 | | - | force as the task force may request. |
|---|
| 11466 | | - | 5. The members of the task force shall |
|---|
| 11467 | | - | serve without compensation, but any actual and |
|---|
| 11468 | | - | necessary expenses incurred by the task force, |
|---|
| 11469 | | - | its members, and any staff assigned to the task |
|---|
| 11470 | | - | force shall be reimbursed. |
|---|
| 11471 | | - | 6. This section shall expire on December |
|---|
| 11472 | | - | 31, 2022.] |
|---|
| 11473 | | - | [454.849. The repeal of sections 454.850 |
|---|
| 11474 | | - | to 454.999 shall become effective June 15, 2016. ] |
|---|
| 11475 | | - | [476.1000. All courts that require |
|---|
| 11476 | | - | mandatory electronic filing shall accept, file, |
|---|
| 11477 | | - | and docket a notice of entry of appearance filed |
|---|
| 11478 | | - | by an attorney in a criminal case if such filing |
|---|
| 11479 | | - | does not exceed one page in length and was sent |
|---|
| 11480 | | - | by fax or regular mail. The provisions of this |
|---|
| 11481 | | - | section shall expire on December 31, 2016. ] |
|---|
| 11482 | | - | [559.117. 1. The director of the |
|---|
| 11483 | | - | department of corrections is authorized to |
|---|
| 11484 | | - | establish, as a three -year pilot program, a |
|---|
| 11485 | | - | mental health assessment process. |
|---|
| 11486 | | - | 2. Only upon a motion filed by the |
|---|
| 11487 | | - | prosecutor in a criminal case, the judge who is |
|---|
| 11488 | | - | hearing the criminal case in a participating |
|---|
| 11489 | | - | county may request that an offender be placed in |
|---|
| 11490 | | - | the department of corrections for one hundred |
|---|
| 11491 | | - | twenty days for a mental health assessment and |
|---|
| 11492 | | - | 285 |
|---|
| 11493 | | - | for treatment if it a ppears that the offender |
|---|
| 11494 | | - | has a mental disorder or mental illness such |
|---|
| 11495 | | - | that the offender may qualify for probation |
|---|
| 11496 | | - | including community psychiatric rehabilitation |
|---|
| 11497 | | - | (CPR) programs and such probation is appropriate |
|---|
| 11498 | | - | and not inconsistent with public safety. Before |
|---|
| 11499 | | - | the judge rules upon the motion, the victim |
|---|
| 11500 | | - | shall be given notice of such motion and the |
|---|
| 11501 | | - | opportunity to be heard. Upon recommendation of |
|---|
| 11502 | | - | the court, the department shall determine the |
|---|
| 11503 | | - | offender's eligibility for the mental health |
|---|
| 11504 | | - | assessment process. |
|---|
| 11505 | | - | 3. Following this assessment and treatment |
|---|
| 11506 | | - | period, an assessment report shall be sent to |
|---|
| 11507 | | - | the sentencing court and the sentencing court |
|---|
| 11508 | | - | may, if appropriate, release the offender on |
|---|
| 11509 | | - | probation. The offender shall be supervised on |
|---|
| 11510 | | - | probation by a state probation and parole |
|---|
| 11511 | | - | officer, who shall work cooperatively with the |
|---|
| 11512 | | - | department of mental health to enroll eligible |
|---|
| 11513 | | - | offenders in community psychiatric |
|---|
| 11514 | | - | rehabilitation (CPR) programs. |
|---|
| 11515 | | - | 4. Notwithstanding any other provision of |
|---|
| 11516 | | - | law, probation shall not be granted under this |
|---|
| 11517 | | - | section to offenders who: |
|---|
| 11518 | | - | (1) Have been found guilty of, or plead |
|---|
| 11519 | | - | guilty to, murder in the second degree under |
|---|
| 11520 | | - | section 565.021; |
|---|
| 11521 | | - | (2) Have been found guilty of, or plead |
|---|
| 11522 | | - | guilty to, rape in the first degree under |
|---|
| 11523 | | - | section 566.030 or forcible rape under section |
|---|
| 11524 | | - | 566.030 as it existed prior to August 28, 2013; |
|---|
| 11525 | | - | (3) Have been found guilty of, or plead |
|---|
| 11526 | | - | guilty to, statutory rape in the first degree |
|---|
| 11527 | | - | under section 566.032; |
|---|
| 11528 | | - | (4) Have been found guilty of, or plead |
|---|
| 11529 | | - | guilty to, sodomy in the first degree under |
|---|
| 11530 | | - | section 566.060 or forcible sodomy under section |
|---|
| 11531 | | - | 566.060 as it existed prior to August 28, 2013; |
|---|
| 11532 | | - | (5) Have been found guilty of, or plead |
|---|
| 11533 | | - | guilty to, statutory sodomy in the first degree |
|---|
| 11534 | | - | under section 566.062; |
|---|
| 11535 | | - | (6) Have been found guilty of, or plead |
|---|
| 11536 | | - | guilty to, child molestation in the first degree |
|---|
| 11537 | | - | under section 566.067 when classified as a class |
|---|
| 11538 | | - | A felony; |
|---|
| 11539 | | - | 286 |
|---|
| 11540 | | - | (7) Have been found to be a predatory |
|---|
| 11541 | | - | sexual offender under section 566.125 ; or |
|---|
| 11542 | | - | (8) Have been found guilty of, or plead |
|---|
| 11543 | | - | guilty to, any offense for which there exists a |
|---|
| 11544 | | - | statutory prohibition against either probation |
|---|
| 11545 | | - | or parole. |
|---|
| 11546 | | - | 5. At the end of the three -year pilot, the |
|---|
| 11547 | | - | director of the department of corrections and |
|---|
| 11548 | | - | the director of the department of mental health |
|---|
| 11549 | | - | shall jointly submit recommendations to the |
|---|
| 11550 | | - | governor and to the general assembly by December |
|---|
| 11551 | | - | 31, 2015, on whether to expand the process |
|---|
| 11552 | | - | statewide.] |
|---|
| 11553 | | - | [595.202. 1. There is hereby created the |
|---|
| 11554 | | - | "Missouri Rights of Victims of Sexual Assault |
|---|
| 11555 | | - | Task Force" to consist of the following members: |
|---|
| 11556 | | - | (1) The following four members of the |
|---|
| 11557 | | - | general assembly: |
|---|
| 11558 | | - | (a) Two members of the senate, with no |
|---|
| 11559 | | - | more than one member from the same political |
|---|
| 11560 | | - | party and each member to be appointed by the |
|---|
| 11561 | | - | president pro tempore of the senate; and |
|---|
| 11562 | | - | (b) Two members of the house of |
|---|
| 11563 | | - | representatives, with no more than one member |
|---|
| 11564 | | - | from the same political party and each member to |
|---|
| 11565 | | - | be appointed by the speaker of th e house of |
|---|
| 11566 | | - | representatives; |
|---|
| 11567 | | - | (2) The director of the department of |
|---|
| 11568 | | - | health and senior services or his or her |
|---|
| 11569 | | - | designee; |
|---|
| 11570 | | - | (3) A private citizen appointed by the |
|---|
| 11571 | | - | governor; |
|---|
| 11572 | | - | (4) A representative of a statewide |
|---|
| 11573 | | - | coalition against domestic and sexual violence |
|---|
| 11574 | | - | appointed by the governor; |
|---|
| 11575 | | - | (5) A representative of rape crisis |
|---|
| 11576 | | - | centers appointed by the governor; |
|---|
| 11577 | | - | (6) The superintendent of the Missouri |
|---|
| 11578 | | - | highway patrol or his or her designee; |
|---|
| 11579 | | - | (7) A law enforcement officer appointed by |
|---|
| 11580 | | - | the governor; |
|---|
| 11581 | | - | (8) The director of the Missouri highway |
|---|
| 11582 | | - | patrol crime lab or his or her designee; |
|---|
| 11583 | | - | (9) An attorney appointed by the governor; |
|---|
| 11584 | | - | and |
|---|
| 11585 | | - | 287 |
|---|
| 11586 | | - | (10) A representative of the Missouri |
|---|
| 11587 | | - | Hospital Association. |
|---|
| 11588 | | - | 2. The task force shall s tudy nationally |
|---|
| 11589 | | - | recognized best practices and make |
|---|
| 11590 | | - | recommendations regarding: |
|---|
| 11591 | | - | (1) The development and implementation of |
|---|
| 11592 | | - | an effective mechanism for submitting, tracking, |
|---|
| 11593 | | - | and investigating complaints regarding the |
|---|
| 11594 | | - | handling of, or response to, a se xual assault |
|---|
| 11595 | | - | report or investigation by any agency or |
|---|
| 11596 | | - | organization involved in the response; |
|---|
| 11597 | | - | (2) The development of documentation for |
|---|
| 11598 | | - | medical providers and law enforcement officers, |
|---|
| 11599 | | - | in conjunction with the department of public |
|---|
| 11600 | | - | safety, to provide to survivors informing them |
|---|
| 11601 | | - | of their rights pursuant to section 595.201; |
|---|
| 11602 | | - | (3) Whether a need exists for additional |
|---|
| 11603 | | - | employees or volunteers of a rape crisis center |
|---|
| 11604 | | - | for victims of sexual assault, and if such a |
|---|
| 11605 | | - | need does exist, the task force shall: |
|---|
| 11606 | | - | (a) Create a plan for how the state can |
|---|
| 11607 | | - | provide, in conjunction with rape crisis |
|---|
| 11608 | | - | centers, victims' advocates organizations, and |
|---|
| 11609 | | - | the department of health and senior services, |
|---|
| 11610 | | - | additional employees or volunteers of a rape |
|---|
| 11611 | | - | crisis center to meet the needs identified; and |
|---|
| 11612 | | - | (b) Determine the cost of funding such a |
|---|
| 11613 | | - | plan; |
|---|
| 11614 | | - | (4) Whether a need exists to expand the |
|---|
| 11615 | | - | right to an employee or volunteer of a rape |
|---|
| 11616 | | - | crisis center beyond the medical examination and |
|---|
| 11617 | | - | law enforcement interview settings, a nd if such |
|---|
| 11618 | | - | a need does exist, the task force shall: |
|---|
| 11619 | | - | (a) Identify the scope and nature of the |
|---|
| 11620 | | - | need; and |
|---|
| 11621 | | - | (b) Make recommendations on how best to |
|---|
| 11622 | | - | fill that need, whether legislatively or |
|---|
| 11623 | | - | otherwise; |
|---|
| 11624 | | - | (5) Whether a need exists to provide fo r |
|---|
| 11625 | | - | ongoing evaluation of the implementation of |
|---|
| 11626 | | - | these rights, and if such a need does exist, the |
|---|
| 11627 | | - | task force shall: |
|---|
| 11628 | | - | (a) Identify the scope and nature of the |
|---|
| 11629 | | - | need; and |
|---|
| 11630 | | - | 288 |
|---|
| 11631 | | - | (b) Make recommendations on how best to |
|---|
| 11632 | | - | fill that need, whether legislative ly or |
|---|
| 11633 | | - | otherwise. |
|---|
| 11634 | | - | 3. The task force shall: |
|---|
| 11635 | | - | (1) Collect data regarding sexual assault |
|---|
| 11636 | | - | reporting, arrests, prosecution rates, access to |
|---|
| 11637 | | - | sexual assault victims services, and any other |
|---|
| 11638 | | - | data important for its deliberations and |
|---|
| 11639 | | - | recommendations; and |
|---|
| 11640 | | - | (2) Collect feedback from stakeholders, |
|---|
| 11641 | | - | practitioners, and leadership throughout the |
|---|
| 11642 | | - | state and local law enforcement, victim |
|---|
| 11643 | | - | services, forensic science practitioners, and |
|---|
| 11644 | | - | health care communities to inform development of |
|---|
| 11645 | | - | future best practices or clinical guidelines |
|---|
| 11646 | | - | regarding the care and treatment of survivors. |
|---|
| 11647 | | - | 4. The department of public safety shall |
|---|
| 11648 | | - | provide administrative support to the task force. |
|---|
| 11649 | | - | 5. On or before December 31, 2021, the |
|---|
| 11650 | | - | task force shall submit a report on its f indings |
|---|
| 11651 | | - | to the governor and general assembly. The |
|---|
| 11652 | | - | report shall include any dissenting opinions in |
|---|
| 11653 | | - | addition to any majority opinions. |
|---|
| 11654 | | - | 6. The task force shall expire on December |
|---|
| 11655 | | - | 31, 2021.] |
|---|
| 11656 | | - | [620.1910. 1. This section shall be know n |
|---|
| 11657 | | - | and may be cited as the "Manufacturing Jobs Act". |
|---|
| 11658 | | - | 2. As used in this section, the following |
|---|
| 11659 | | - | terms mean: |
|---|
| 11660 | | - | (1) "Approval", a document submitted by |
|---|
| 11661 | | - | the department to the qualified manufacturing |
|---|
| 11662 | | - | company or qualified supplier that states the |
|---|
| 11663 | | - | benefits that may be provided under this section; |
|---|
| 11664 | | - | (2) "Capital investment", expenditures |
|---|
| 11665 | | - | made by a qualified manufacturing company to |
|---|
| 11666 | | - | retool or reconfigure a manufacturing facility |
|---|
| 11667 | | - | directly related to the manufacturing of a new |
|---|
| 11668 | | - | product or the expansion or modification of the |
|---|
| 11669 | | - | manufacture of an existing product; |
|---|
| 11670 | | - | (3) "County average wage", the same |
|---|
| 11671 | | - | meaning as such term is defined in section |
|---|
| 11672 | | - | 620.1878; |
|---|
| 11673 | | - | (4) "Department", the department of |
|---|
| 11674 | | - | economic development; |
|---|
| 11675 | | - | 289 |
|---|
| 11676 | | - | (5) "Facility", a building or buildings |
|---|
| 11677 | | - | located in Missouri at which the qualified |
|---|
| 11678 | | - | manufacturing company manufactures a product; |
|---|
| 11679 | | - | (6) "Full-time job", a job for which a |
|---|
| 11680 | | - | person is compensated for an average of at least |
|---|
| 11681 | | - | thirty-five hours per week for a twelve -month |
|---|
| 11682 | | - | period, and one for which the qualified |
|---|
| 11683 | | - | manufacturing company or qualified supplier |
|---|
| 11684 | | - | offers health insurance and pays at least fifty |
|---|
| 11685 | | - | percent of such insurance premiums; |
|---|
| 11686 | | - | (7) "NAICS industry classification", the |
|---|
| 11687 | | - | most recent edition of the North American |
|---|
| 11688 | | - | Industry Classification System as prepared by |
|---|
| 11689 | | - | the Executive Office of the President, Office of |
|---|
| 11690 | | - | Management and Budget; |
|---|
| 11691 | | - | (8) "New job", the same meaning as such |
|---|
| 11692 | | - | term is defined in section 620.1878; |
|---|
| 11693 | | - | (9) "New product", a new model or line of |
|---|
| 11694 | | - | a manufactured good that has not been |
|---|
| 11695 | | - | manufactured in Missouri by the qualified |
|---|
| 11696 | | - | manufacturing company at any time prior to the |
|---|
| 11697 | | - | date of the notice of intent, or an existing |
|---|
| 11698 | | - | brand, model, or line of a manufactured good |
|---|
| 11699 | | - | that is redesigned with more than s eventy-five |
|---|
| 11700 | | - | percent new exterior body parts and incorporates |
|---|
| 11701 | | - | new powertrain options; |
|---|
| 11702 | | - | (10) "Notice of intent", a form developed |
|---|
| 11703 | | - | by the department, completed by the qualified |
|---|
| 11704 | | - | manufacturing company or qualified supplier and |
|---|
| 11705 | | - | submitted to the departm ent which states the |
|---|
| 11706 | | - | qualified manufacturing company's or qualified |
|---|
| 11707 | | - | supplier's intent to create new jobs or retain |
|---|
| 11708 | | - | current jobs and make additional capital |
|---|
| 11709 | | - | investment, as applicable, and request benefits |
|---|
| 11710 | | - | under this section. The notice of intent shall |
|---|
| 11711 | | - | specify the minimum number of such new or |
|---|
| 11712 | | - | retained jobs and the minimum amount of such |
|---|
| 11713 | | - | capital investment; |
|---|
| 11714 | | - | (11) "Qualified manufacturing company", a |
|---|
| 11715 | | - | business with a NAICS code of 33611 that: |
|---|
| 11716 | | - | (a) Manufactures goods at a facility in |
|---|
| 11717 | | - | Missouri; |
|---|
| 11718 | | - | (b) In the case of the manufacture of a |
|---|
| 11719 | | - | new product, commits to make a capital |
|---|
| 11720 | | - | investment of at least seventy -five thousand |
|---|
| 11721 | | - | dollars per retained job within no more than two |
|---|
| 11722 | | - | 290 |
|---|
| 11723 | | - | years of the date the qualified manufacturing |
|---|
| 11724 | | - | company begins to retai n withholding tax under |
|---|
| 11725 | | - | this section, or in the case of the modification |
|---|
| 11726 | | - | or expansion of the manufacture of an existing |
|---|
| 11727 | | - | product, commits to make a capital investment of |
|---|
| 11728 | | - | at least fifty thousand dollars per retained job |
|---|
| 11729 | | - | within no more than two years of the date the |
|---|
| 11730 | | - | qualified manufacturing company begins to retain |
|---|
| 11731 | | - | withholding tax under this section; |
|---|
| 11732 | | - | (c) Manufactures a new product or has |
|---|
| 11733 | | - | commenced making capital improvements to the |
|---|
| 11734 | | - | facility necessary for the manufacturing of such |
|---|
| 11735 | | - | new product, or modifies or expands the |
|---|
| 11736 | | - | manufacture of an existing product or has |
|---|
| 11737 | | - | commenced making capital improvements to the |
|---|
| 11738 | | - | facility necessary for the modification or |
|---|
| 11739 | | - | expansion of the manufacture of such existing |
|---|
| 11740 | | - | product; and |
|---|
| 11741 | | - | (d) Continues to meet the requi rements of |
|---|
| 11742 | | - | paragraphs (a) to (c) of this subdivision for |
|---|
| 11743 | | - | the withholding period; |
|---|
| 11744 | | - | (12) "Qualified supplier", a manufacturing |
|---|
| 11745 | | - | company that: |
|---|
| 11746 | | - | (a) Attests to the department that it |
|---|
| 11747 | | - | derives more than ten percent of the total |
|---|
| 11748 | | - | annual sales of the company from sales to a |
|---|
| 11749 | | - | qualified manufacturing company; |
|---|
| 11750 | | - | (b) Adds five or more new jobs; |
|---|
| 11751 | | - | (c) Has an average wage, as defined in |
|---|
| 11752 | | - | section 135.950, for such new jobs that are |
|---|
| 11753 | | - | equal to or exceed the lower of the county |
|---|
| 11754 | | - | average wage for Missouri as determined by the |
|---|
| 11755 | | - | department using NAICS industry classifications, |
|---|
| 11756 | | - | but not lower than sixty percent of the |
|---|
| 11757 | | - | statewide average wage; and |
|---|
| 11758 | | - | (d) Provides health insurance for all full - |
|---|
| 11759 | | - | time jobs and pays at least fifty percent of the |
|---|
| 11760 | | - | premiums of such insurance; |
|---|
| 11761 | | - | (13) "Retained job", the number of full - |
|---|
| 11762 | | - | time jobs of persons employed by the qualified |
|---|
| 11763 | | - | manufacturing company located at the facility |
|---|
| 11764 | | - | that existed as of the last working day of the |
|---|
| 11765 | | - | month immediately preceding the month in which |
|---|
| 11766 | | - | notice of intent is submitted; |
|---|
| 11767 | | - | (14) "Statewide average wage", an amount |
|---|
| 11768 | | - | equal to the quotient of the sum of the total |
|---|
| 11769 | | - | 291 |
|---|
| 11770 | | - | gross wages paid for the corresponding four |
|---|
| 11771 | | - | calendar quarters divided by the average annual |
|---|
| 11772 | | - | employment for such four calendar quarte rs, |
|---|
| 11773 | | - | which shall be computed using the Quarterly |
|---|
| 11774 | | - | Census of Employment and Wages Data for All |
|---|
| 11775 | | - | Private Ownership Businesses in Missouri, as |
|---|
| 11776 | | - | published by the Bureau of Labor Statistics of |
|---|
| 11777 | | - | the United States Department of Labor; |
|---|
| 11778 | | - | (15) "Withholding period", the seven- or |
|---|
| 11779 | | - | ten-year period in which a qualified |
|---|
| 11780 | | - | manufacturing company may receive benefits under |
|---|
| 11781 | | - | this section; |
|---|
| 11782 | | - | (16) "Withholding tax", the same meaning |
|---|
| 11783 | | - | as such term is defined in section 620.1878. |
|---|
| 11784 | | - | 3. The department shall respond wit hin |
|---|
| 11785 | | - | thirty days to a qualified manufacturing company |
|---|
| 11786 | | - | or a qualified supplier who provides a notice of |
|---|
| 11787 | | - | intent with either an approval or a rejection of |
|---|
| 11788 | | - | the notice of intent. Failure to respond on |
|---|
| 11789 | | - | behalf of the department shall result in the |
|---|
| 11790 | | - | notice of intent being deemed an approval for |
|---|
| 11791 | | - | the purposes of this section. |
|---|
| 11792 | | - | 4. A qualified manufacturing company that |
|---|
| 11793 | | - | manufactures a new product may, upon the |
|---|
| 11794 | | - | department's approval of a notice of intent and |
|---|
| 11795 | | - | the execution of an agreement that meets the |
|---|
| 11796 | | - | requirements of subsection 9 of this section, |
|---|
| 11797 | | - | but no earlier than January 1, 2012, retain one |
|---|
| 11798 | | - | hundred percent of the withholding tax from full - |
|---|
| 11799 | | - | time jobs at the facility for a period of ten |
|---|
| 11800 | | - | years. A qualified manufacturing company that |
|---|
| 11801 | | - | modifies or expands the manufacture of an |
|---|
| 11802 | | - | existing product may, upon the department's |
|---|
| 11803 | | - | approval of a notice of intent and the execution |
|---|
| 11804 | | - | of an agreement that meets the requirements of |
|---|
| 11805 | | - | subsection 9 of this section, but no earlier |
|---|
| 11806 | | - | than January 1, 2012, retain fifty percen t of |
|---|
| 11807 | | - | the withholding tax from full -time jobs at the |
|---|
| 11808 | | - | facility for a period of seven years. Except as |
|---|
| 11809 | | - | otherwise allowed under subsection 7 of this |
|---|
| 11810 | | - | section, the commencement of the withholding |
|---|
| 11811 | | - | period may be delayed by no more than twenty - |
|---|
| 11812 | | - | four months after execution of the agreement at |
|---|
| 11813 | | - | the option of the qualified manufacturing |
|---|
| 11814 | | - | company. Such qualified manufacturing company |
|---|
| 11815 | | - | shall be eligible for participation in the |
|---|
| 11816 | | - | 292 |
|---|
| 11817 | | - | Missouri quality jobs program in sections |
|---|
| 11818 | | - | 620.1875 to 620.1890 for any new jobs for w hich |
|---|
| 11819 | | - | it does not retain withholding tax under this |
|---|
| 11820 | | - | section, provided all qualifications for such |
|---|
| 11821 | | - | program are met. |
|---|
| 11822 | | - | 5. A qualified supplier may, upon approval |
|---|
| 11823 | | - | of a notice of intent by the department, retain |
|---|
| 11824 | | - | all withholding tax from new jobs for a period |
|---|
| 11825 | | - | of three years from the date of approval of the |
|---|
| 11826 | | - | notice of intent or for a period of five years |
|---|
| 11827 | | - | if the supplier pays wages for the new jobs |
|---|
| 11828 | | - | equal to or greater than one hundred twenty |
|---|
| 11829 | | - | percent of county average wage. Notwithstanding |
|---|
| 11830 | | - | any other provision of law to the contrary, a |
|---|
| 11831 | | - | qualified supplier that is awarded benefits |
|---|
| 11832 | | - | under this section shall not receive any tax |
|---|
| 11833 | | - | credit or exemption or be entitled to retain |
|---|
| 11834 | | - | withholding under sections 100.700 to 100.850, |
|---|
| 11835 | | - | sections 135.100 to 135.150, sectio ns 135.200 to |
|---|
| 11836 | | - | 135.286, section 135.535, sections 135.900 to |
|---|
| 11837 | | - | 135.906, sections 135.950 to 135.970, or section |
|---|
| 11838 | | - | 620.1881 for the same jobs. |
|---|
| 11839 | | - | 6. Notwithstanding any other provision of |
|---|
| 11840 | | - | law to the contrary, the maximum amount of |
|---|
| 11841 | | - | withholding tax that ma y be retained by any one |
|---|
| 11842 | | - | qualified manufacturing company under this |
|---|
| 11843 | | - | section shall not exceed ten million dollars per |
|---|
| 11844 | | - | calendar year. The aggregate amount of |
|---|
| 11845 | | - | withholding tax that may be retained by all |
|---|
| 11846 | | - | qualified manufacturing companies under this |
|---|
| 11847 | | - | section shall not exceed fifteen million dollars |
|---|
| 11848 | | - | per calendar year. |
|---|
| 11849 | | - | 7. Notwithstanding any other provision of |
|---|
| 11850 | | - | law to the contrary, any qualified manufacturing |
|---|
| 11851 | | - | company that is awarded benefits under this |
|---|
| 11852 | | - | section shall not simultaneously receive tax |
|---|
| 11853 | | - | credits or exemptions under sections 100.700 to |
|---|
| 11854 | | - | 100.850, sections 135.100 to 135.150, sections |
|---|
| 11855 | | - | 135.200 to 135.286, section 135.535, or sections |
|---|
| 11856 | | - | 135.900 to 135.906 for the jobs created or |
|---|
| 11857 | | - | retained or capital improvement which qualified |
|---|
| 11858 | | - | for benefits under this section. The benefits |
|---|
| 11859 | | - | available to the qualified manufacturing company |
|---|
| 11860 | | - | under any other state programs for which the |
|---|
| 11861 | | - | qualified manufacturing company is eligible and |
|---|
| 11862 | | - | which utilize withholding tax from the jobs at |
|---|
| 11863 | | - | 293 |
|---|
| 11864 | | - | the facility shall first be cred ited to the |
|---|
| 11865 | | - | other state program before the applicable |
|---|
| 11866 | | - | withholding period for benefits provided under |
|---|
| 11867 | | - | this section shall begin. These other state |
|---|
| 11868 | | - | programs include, but are not limited to, the |
|---|
| 11869 | | - | Missouri works jobs training program under |
|---|
| 11870 | | - | sections 620.800 to 620.809, the real property |
|---|
| 11871 | | - | tax increment allocation redevelopment act under |
|---|
| 11872 | | - | sections 99.800 to 99.865, or the Missouri |
|---|
| 11873 | | - | downtown and rural economic stimulus act under |
|---|
| 11874 | | - | sections 99.915 to 99.980. If any qualified |
|---|
| 11875 | | - | manufacturing company also particip ates in the |
|---|
| 11876 | | - | Missouri works jobs training program in sections |
|---|
| 11877 | | - | 620.800 to 620.809, such qualified manufacturing |
|---|
| 11878 | | - | company shall not retain any withholding tax |
|---|
| 11879 | | - | that has already been allocated for use in the |
|---|
| 11880 | | - | new jobs training program. Any qualified |
|---|
| 11881 | | - | manufacturing company or qualified supplier that |
|---|
| 11882 | | - | is awarded benefits under this program and |
|---|
| 11883 | | - | knowingly hires individuals who are not allowed |
|---|
| 11884 | | - | to work legally in the United States shall |
|---|
| 11885 | | - | immediately forfeit such benefits and shall |
|---|
| 11886 | | - | repay the state an amount equa l to any |
|---|
| 11887 | | - | withholding taxes already retained. Subsection |
|---|
| 11888 | | - | 5 of section 285.530 shall not apply to |
|---|
| 11889 | | - | qualified manufacturing companies or qualified |
|---|
| 11890 | | - | suppliers which are awarded benefits under this |
|---|
| 11891 | | - | program. |
|---|
| 11892 | | - | 8. The department may promulgate rules to |
|---|
| 11893 | | - | implement the provisions of this section. Any |
|---|
| 11894 | | - | rule or portion of a rule, as that term is |
|---|
| 11895 | | - | defined in section 536.010, that is created |
|---|
| 11896 | | - | under the authority delegated in this section |
|---|
| 11897 | | - | shall become effective only if it complies with |
|---|
| 11898 | | - | and is subject to all of the provisions of |
|---|
| 11899 | | - | chapter 536 and, if applicable, section |
|---|
| 11900 | | - | 536.028. This section and chapter 536 are |
|---|
| 11901 | | - | nonseverable and if any of the powers vested |
|---|
| 11902 | | - | with the general assembly under chapter 536 to |
|---|
| 11903 | | - | review, to delay the effective date, or to |
|---|
| 11904 | | - | disapprove and annul a rule are subsequently |
|---|
| 11905 | | - | held unconstitutional, then the grant of |
|---|
| 11906 | | - | rulemaking authority and any rule proposed or |
|---|
| 11907 | | - | adopted after the effective date of this section |
|---|
| 11908 | | - | shall be invalid and void. |
|---|
| 11909 | | - | 294 |
|---|
| 11910 | | - | 9. Within six months of completion of a |
|---|
| 11911 | | - | notice of intent required under this section, |
|---|
| 11912 | | - | the qualified manufacturing company shall enter |
|---|
| 11913 | | - | into an agreement with the department that |
|---|
| 11914 | | - | memorializes the content of the notice of |
|---|
| 11915 | | - | intent, the requirements of this section, and |
|---|
| 11916 | | - | the consequences for failing to meet such |
|---|
| 11917 | | - | requirements, which shall include the following: |
|---|
| 11918 | | - | (1) If the amount of capital investment |
|---|
| 11919 | | - | made by the qualified manufacturing company is |
|---|
| 11920 | | - | not made within the two -year period provided for |
|---|
| 11921 | | - | such investment, the qualified manufacturing |
|---|
| 11922 | | - | company shall immediately cease retaining any |
|---|
| 11923 | | - | withholding tax with respect to jobs at the |
|---|
| 11924 | | - | facility and it shall forfeit all rights to |
|---|
| 11925 | | - | retain withholding tax for the remainder of the |
|---|
| 11926 | | - | withholding period. In addition, the qualified |
|---|
| 11927 | | - | manufacturing company shall re pay any amounts of |
|---|
| 11928 | | - | withholding tax retained plus interest of five |
|---|
| 11929 | | - | percent per annum. However, in the event that |
|---|
| 11930 | | - | such capital investment shortfall is due to |
|---|
| 11931 | | - | economic conditions beyond the control of the |
|---|
| 11932 | | - | qualified manufacturing company, the director |
|---|
| 11933 | | - | may, at the qualified manufacturing company's |
|---|
| 11934 | | - | request, suspend rather than terminate its |
|---|
| 11935 | | - | privilege to retain withholding tax under this |
|---|
| 11936 | | - | section for up to three years. Any such |
|---|
| 11937 | | - | suspension shall extend the withholding period |
|---|
| 11938 | | - | by the same amount of time. No more than one |
|---|
| 11939 | | - | such suspension shall be granted to a qualified |
|---|
| 11940 | | - | manufacturing company; |
|---|
| 11941 | | - | (2) If the qualified manufacturing company |
|---|
| 11942 | | - | discontinues the manufacturing of the new |
|---|
| 11943 | | - | product and does not replace it with a |
|---|
| 11944 | | - | subsequent or additional new pro duct |
|---|
| 11945 | | - | manufactured at the facility at any time during |
|---|
| 11946 | | - | the withholding period, the qualified |
|---|
| 11947 | | - | manufacturing company shall immediately cease |
|---|
| 11948 | | - | retaining any withholding tax with respect to |
|---|
| 11949 | | - | jobs at that facility and it shall forfeit all |
|---|
| 11950 | | - | rights to retain wit hholding tax for the |
|---|
| 11951 | | - | remainder of the withholding period. |
|---|
| 11952 | | - | 10. Prior to March first each year, the |
|---|
| 11953 | | - | department shall provide a report to the general |
|---|
| 11954 | | - | assembly including the names of participating |
|---|
| 11955 | | - | qualified manufacturing companies or qualified |
|---|
| 11956 | | - | 295 |
|---|
| 11957 | | - | suppliers, location of such companies or |
|---|
| 11958 | | - | suppliers, the annual amount of benefits |
|---|
| 11959 | | - | provided, the estimated net state fiscal impact |
|---|
| 11960 | | - | including direct and indirect new state taxes |
|---|
| 11961 | | - | derived, and the number of new jobs created or |
|---|
| 11962 | | - | jobs retained. |
|---|
| 11963 | | - | 11. Under section 23.253 of the Missouri |
|---|
| 11964 | | - | sunset act: |
|---|
| 11965 | | - | (1) The provisions of the new program |
|---|
| 11966 | | - | authorized under this section shall |
|---|
| 11967 | | - | automatically sunset October 12, 2016, unless |
|---|
| 11968 | | - | reauthorized by an act of the general assembly; |
|---|
| 11969 | | - | and |
|---|
| 11970 | | - | (2) If such program is rea uthorized, the |
|---|
| 11971 | | - | program authorized under this section shall |
|---|
| 11972 | | - | automatically sunset twelve years after the |
|---|
| 11973 | | - | effective date of the reauthorization of this |
|---|
| 11974 | | - | section; and |
|---|
| 11975 | | - | (3) This section shall terminate on |
|---|
| 11976 | | - | September first of the calendar year immediatel y |
|---|
| 11977 | | - | following the calendar year in which the program |
|---|
| 11978 | | - | authorized under this section is sunset. ] |
|---|
| 11979 | | - | [620.2100. 1. There is hereby established |
|---|
| 11980 | | - | the "Ozark Exploration Bicentennial Commission". |
|---|
| 11981 | | - | 2. The commission shall consist of the |
|---|
| 11982 | | - | following members: |
|---|
| 11983 | | - | (1) Two representatives appointed by the |
|---|
| 11984 | | - | speaker of the house of representatives; |
|---|
| 11985 | | - | (2) Two senators appointed by the |
|---|
| 11986 | | - | president pro tempore of the senate; |
|---|
| 11987 | | - | (3) One faculty member of Missouri State |
|---|
| 11988 | | - | University appointed by uni versity leadership; |
|---|
| 11989 | | - | (4) The director of the division of |
|---|
| 11990 | | - | tourism or his or her designee; |
|---|
| 11991 | | - | (5) Two members representing historical |
|---|
| 11992 | | - | societies within the area of exploration, one |
|---|
| 11993 | | - | appointed by the speaker of the house of |
|---|
| 11994 | | - | representatives and one a ppointed by the |
|---|
| 11995 | | - | president pro tempore of the senate; |
|---|
| 11996 | | - | (6) Two members of the public appointed by |
|---|
| 11997 | | - | the speaker of the house of representatives; and |
|---|
| 11998 | | - | (7) Two members of the public appointed by |
|---|
| 11999 | | - | the president pro tempore of the senate. |
|---|
| 12000 | | - | 3. Members of the commission shall be |
|---|
| 12001 | | - | appointed by October 1, 2017. |
|---|
| 12002 | | - | 296 |
|---|
| 12003 | | - | 4. Members of the commission shall serve |
|---|
| 12004 | | - | without compensation. The division of tourism |
|---|
| 12005 | | - | shall provide administrative support for the |
|---|
| 12006 | | - | commission. |
|---|
| 12007 | | - | 5. There is hereby established in the |
|---|
| 12008 | | - | state treasury the "Ozark Exploration |
|---|
| 12009 | | - | Bicentennial Fund" to be held separate and apart |
|---|
| 12010 | | - | from all other public moneys and funds of the |
|---|
| 12011 | | - | state. The fund may accept state and federal |
|---|
| 12012 | | - | appropriations, grants, bequests, gifts, fees, |
|---|
| 12013 | | - | and awards to be held for use by the Ozark |
|---|
| 12014 | | - | exploration bicentennial commission. |
|---|
| 12015 | | - | Notwithstanding the provisions of section 33.080 |
|---|
| 12016 | | - | to the contrary, moneys remaining in the fund at |
|---|
| 12017 | | - | the end of any biennium shall not revert to |
|---|
| 12018 | | - | general revenue. The state treasurer shall be |
|---|
| 12019 | | - | custodian of the fund. In accordance with |
|---|
| 12020 | | - | sections 30.170 and 30.180, the state treasurer |
|---|
| 12021 | | - | may approve disbursements. The state treasurer |
|---|
| 12022 | | - | shall invest moneys in the fund in the same |
|---|
| 12023 | | - | manner as other funds are invested. Any |
|---|
| 12024 | | - | interest and moneys earned on such investments |
|---|
| 12025 | | - | shall be credited to the fund. |
|---|
| 12026 | | - | 6. The duties of the commission shall |
|---|
| 12027 | | - | include, but not be limited to: |
|---|
| 12028 | | - | (1) Organizing and coordinating efforts |
|---|
| 12029 | | - | relating to the bicentennial celebration of the |
|---|
| 12030 | | - | exploration of the Ozarks in 1 819; and |
|---|
| 12031 | | - | (2) Promoting public awareness of the |
|---|
| 12032 | | - | importance and cultural significance of the |
|---|
| 12033 | | - | exploration to Missouri history. |
|---|
| 12034 | | - | 7. The commission shall be dissolved and |
|---|
| 12035 | | - | the provisions of this section shall expire on |
|---|
| 12036 | | - | June 30, 2019.] |
|---|
| 12037 | | - | [620.2600. 1. This section shall be known |
|---|
| 12038 | | - | and may be cited as the "Innovation Campus Tax |
|---|
| 12039 | | - | Credit Act". |
|---|
| 12040 | | - | 2. As used in this section, the following |
|---|
| 12041 | | - | terms mean: |
|---|
| 12042 | | - | (1) "Certificate", a tax credit |
|---|
| 12043 | | - | certificate issued under this section; |
|---|
| 12044 | | - | (2) "Department", the Missouri department |
|---|
| 12045 | | - | of economic development; |
|---|
| 12046 | | - | (3) "Eligible donation", donations |
|---|
| 12047 | | - | received from a taxpayer by innovation campuses |
|---|
| 12048 | | - | 297 |
|---|
| 12049 | | - | that are to be used solely for projects that |
|---|
| 12050 | | - | advance learning in the areas of science, |
|---|
| 12051 | | - | technology, engineering, and mathematics. |
|---|
| 12052 | | - | Eligible donations may include cash, publicly |
|---|
| 12053 | | - | traded stocks and bonds, and real estate that |
|---|
| 12054 | | - | shall and will be valued and documented |
|---|
| 12055 | | - | according to the rules promulgated by the |
|---|
| 12056 | | - | department of economic development; |
|---|
| 12057 | | - | (4) "Innovation education campus" or |
|---|
| 12058 | | - | "innovation campus", as defined in section |
|---|
| 12059 | | - | 178.1100, an educational partnership consisting |
|---|
| 12060 | | - | of at least one of each of the following |
|---|
| 12061 | | - | entities: |
|---|
| 12062 | | - | (a) A local Missouri high school or K -12 |
|---|
| 12063 | | - | school district; |
|---|
| 12064 | | - | (b) A Missouri four-year public or private |
|---|
| 12065 | | - | higher education institution; |
|---|
| 12066 | | - | (c) A Missouri-based business or |
|---|
| 12067 | | - | businesses; and |
|---|
| 12068 | | - | (d) A Missouri two-year public higher |
|---|
| 12069 | | - | education institution or state technical college |
|---|
| 12070 | | - | of Missouri; |
|---|
| 12071 | | - | (5) "Taxpayer", any of the following |
|---|
| 12072 | | - | individuals or entities who make an eligible |
|---|
| 12073 | | - | donation to any innovation campus: |
|---|
| 12074 | | - | (a) A person, firm, partner in a firm, |
|---|
| 12075 | | - | corporation, or a shareholder in an S |
|---|
| 12076 | | - | corporation doing business in the state of |
|---|
| 12077 | | - | Missouri and subject to the state income tax |
|---|
| 12078 | | - | imposed in chapter 143; |
|---|
| 12079 | | - | (b) A corporation subject to the annual |
|---|
| 12080 | | - | corporation franchise tax imposed in chapter 147; |
|---|
| 12081 | | - | (c) An insurance company paying an annual |
|---|
| 12082 | | - | tax on its gross premium receipts in this state; |
|---|
| 12083 | | - | (d) Any other financial institution paying |
|---|
| 12084 | | - | taxes to the state of Missouri or any political |
|---|
| 12085 | | - | subdivisions of this state under chapter 148; |
|---|
| 12086 | | - | (e) An individual subject to the state |
|---|
| 12087 | | - | income tax imposed in chapter 143; |
|---|
| 12088 | | - | (f) Any charitable organization which is |
|---|
| 12089 | | - | exempt from federal income tax and whose |
|---|
| 12090 | | - | Missouri unrelated business taxable income, if |
|---|
| 12091 | | - | any, would be subject to the state income tax |
|---|
| 12092 | | - | imposed under chapter 143. |
|---|
| 12093 | | - | 3. For all taxable years beginning on or |
|---|
| 12094 | | - | after January 1, 2015, any taxpayer shal l be |
|---|
| 12095 | | - | 298 |
|---|
| 12096 | | - | allowed a credit against the taxes otherwise due |
|---|
| 12097 | | - | under chapters 147, 148, or 143, excluding |
|---|
| 12098 | | - | withholding tax imposed by sections 143.191 to |
|---|
| 12099 | | - | 143.265, in an amount equal to fifty percent of |
|---|
| 12100 | | - | the amount of an eligible donation, subject to |
|---|
| 12101 | | - | the restrictions in this section. The amount of |
|---|
| 12102 | | - | the tax credit claimed shall not exceed the |
|---|
| 12103 | | - | amount of the taxpayer's state income tax |
|---|
| 12104 | | - | liability in the tax year for which the credit |
|---|
| 12105 | | - | is claimed. Any amount of credit that the |
|---|
| 12106 | | - | taxpayer is prohibited by this sectio n from |
|---|
| 12107 | | - | claiming in a tax year shall not be refundable, |
|---|
| 12108 | | - | but may be carried forward to any of the |
|---|
| 12109 | | - | taxpayer's four subsequent taxable years. |
|---|
| 12110 | | - | 4. To claim the credit authorized in this |
|---|
| 12111 | | - | section, an innovation campus may submit to the |
|---|
| 12112 | | - | department an application for the tax credit |
|---|
| 12113 | | - | authorized by this section on behalf of |
|---|
| 12114 | | - | taxpayers. The department shall verify that the |
|---|
| 12115 | | - | innovation campus has submitted the following |
|---|
| 12116 | | - | items: |
|---|
| 12117 | | - | (1) A valid application in the form and |
|---|
| 12118 | | - | format required by the department; |
|---|
| 12119 | | - | (2) A statement attesting to the eligible |
|---|
| 12120 | | - | donation received, which shall include the name |
|---|
| 12121 | | - | and taxpayer identification number of the |
|---|
| 12122 | | - | individual or taxpayer making the eligible |
|---|
| 12123 | | - | donation, the amount of the eligible donation, |
|---|
| 12124 | | - | and the date the eligib le donation was received |
|---|
| 12125 | | - | by the innovation campus; and |
|---|
| 12126 | | - | (3) Payment from the innovation campus |
|---|
| 12127 | | - | equal to the value of the tax credit for which |
|---|
| 12128 | | - | application is made. |
|---|
| 12129 | | - | If the innovation campus applying for the tax |
|---|
| 12130 | | - | credit meets all criteria required b y this |
|---|
| 12131 | | - | subsection, the department shall issue a |
|---|
| 12132 | | - | certificate in the appropriate amount. |
|---|
| 12133 | | - | 5. Tax credits issued under this section |
|---|
| 12134 | | - | may be assigned, transferred, sold, or otherwise |
|---|
| 12135 | | - | conveyed, and the new owner of the tax credit |
|---|
| 12136 | | - | shall have the same ri ghts in the credit as the |
|---|
| 12137 | | - | taxpayer. Whenever a certificate is assigned, |
|---|
| 12138 | | - | transferred, sold, or otherwise conveyed, a |
|---|
| 12139 | | - | notarized endorsement shall be filed with the |
|---|
| 12140 | | - | department specifying the name and address of |
|---|
| 12141 | | - | 299 |
|---|
| 12142 | | - | the new owner of the tax credit and the va lue of |
|---|
| 12143 | | - | the credit. |
|---|
| 12144 | | - | 6. The department may promulgate rules to |
|---|
| 12145 | | - | implement the provisions of this section. Any |
|---|
| 12146 | | - | rule or portion of a rule, as that term is |
|---|
| 12147 | | - | defined in section 536.010, that is created |
|---|
| 12148 | | - | under the authority delegated in this section |
|---|
| 12149 | | - | shall become effective only if it complies with |
|---|
| 12150 | | - | and is subject to all of the provisions of |
|---|
| 12151 | | - | chapter 536 and, if applicable, section |
|---|
| 12152 | | - | 536.028. This section and chapter 536 are |
|---|
| 12153 | | - | nonseverable and if any of the powers vested |
|---|
| 12154 | | - | with the general assembly under and pursuant to |
|---|
| 12155 | | - | chapter 536 to review, to delay the effective |
|---|
| 12156 | | - | date, or to disapprove and annul a rule are |
|---|
| 12157 | | - | subsequently held unconstitutional, then the |
|---|
| 12158 | | - | grant of rulemaking authority and any rule |
|---|
| 12159 | | - | proposed or adopted after August 28, 2014, shall |
|---|
| 12160 | | - | be invalid and void. |
|---|
| 12161 | | - | 7. Under section 23.253 of the Missouri |
|---|
| 12162 | | - | sunset act: |
|---|
| 12163 | | - | (1) The program authorized under this |
|---|
| 12164 | | - | section shall expire six years after August 28, |
|---|
| 12165 | | - | 2014, unless reauthorized by an act of the |
|---|
| 12166 | | - | general assembly; and |
|---|
| 12167 | | - | (2) If such program is reauthorized, the |
|---|
| 12168 | | - | program authorized under this section shall |
|---|
| 12169 | | - | automatically sunset twelve years after August |
|---|
| 12170 | | - | 28, 2014; and |
|---|
| 12171 | | - | (3) This section shall terminate on |
|---|
| 12172 | | - | September first of the calendar year immediately |
|---|
| 12173 | | - | following the calendar year in whi ch the program |
|---|
| 12174 | | - | authorized under this section is sunset. ] |
|---|
| 12175 | | - | [633.420. 1. For the purposes of this |
|---|
| 12176 | | - | section, the term "dyslexia" means a disorder |
|---|
| 12177 | | - | that is neurological in origin, characterized by |
|---|
| 12178 | | - | difficulties with accurate and fluent word |
|---|
| 12179 | | - | recognition, and poor spelling and decoding |
|---|
| 12180 | | - | abilities that typically result from a deficit |
|---|
| 12181 | | - | in the phonological component of language, often |
|---|
| 12182 | | - | unexpected in relation to other cognitive |
|---|
| 12183 | | - | abilities and the provision of effective |
|---|
| 12184 | | - | classroom instruction, and o f which secondary |
|---|
| 12185 | | - | consequences may include problems in reading |
|---|
| 12186 | | - | comprehension and reduced reading experience |
|---|
| 12187 | | - | 300 |
|---|
| 12188 | | - | that can impede growth of vocabulary and |
|---|
| 12189 | | - | background knowledge. Nothing in this section |
|---|
| 12190 | | - | shall prohibit a district from assessing |
|---|
| 12191 | | - | students for dyslexia and offering students |
|---|
| 12192 | | - | specialized reading instruction if a |
|---|
| 12193 | | - | determination is made that a student suffers |
|---|
| 12194 | | - | from dyslexia. Unless required by federal law, |
|---|
| 12195 | | - | nothing in this definition shall require a |
|---|
| 12196 | | - | student with dyslexia to be automatically |
|---|
| 12197 | | - | determined eligible as a student with a |
|---|
| 12198 | | - | disability. Nothing in this definition shall |
|---|
| 12199 | | - | require a student with dyslexia to obtain an |
|---|
| 12200 | | - | individualized education program (IEP) unless |
|---|
| 12201 | | - | the student has otherwise met the federal |
|---|
| 12202 | | - | conditions necessary. |
|---|
| 12203 | | - | 2. There is hereby created the |
|---|
| 12204 | | - | "Legislative Task Force on Dyslexia". The joint |
|---|
| 12205 | | - | committee on education shall provide technical |
|---|
| 12206 | | - | and administrative support as required by the |
|---|
| 12207 | | - | task force to fulfill its duties; any such |
|---|
| 12208 | | - | support involving monetary expenses shall f irst |
|---|
| 12209 | | - | be approved by the chairman of the joint |
|---|
| 12210 | | - | committee on education. The task force shall |
|---|
| 12211 | | - | meet at least quarterly and may hold meetings by |
|---|
| 12212 | | - | telephone or video conference. The task force |
|---|
| 12213 | | - | shall advise and make recommendations to the |
|---|
| 12214 | | - | governor, joint committee on education, and |
|---|
| 12215 | | - | relevant state agencies regarding matters |
|---|
| 12216 | | - | concerning individuals with dyslexia, including |
|---|
| 12217 | | - | education and other adult and adolescent |
|---|
| 12218 | | - | services. |
|---|
| 12219 | | - | 3. The task force shall be comprised of |
|---|
| 12220 | | - | twenty-one members consisting of the following: |
|---|
| 12221 | | - | (1) Two members of the senate appointed by |
|---|
| 12222 | | - | the president pro tempore of the senate, with |
|---|
| 12223 | | - | one member appointed from the minority party and |
|---|
| 12224 | | - | one member appointed from the majority party; |
|---|
| 12225 | | - | (2) Two members of the house of |
|---|
| 12226 | | - | representatives appointed by the speaker of the |
|---|
| 12227 | | - | house of representatives, with one member |
|---|
| 12228 | | - | appointed from the minority party and one member |
|---|
| 12229 | | - | appointed from the majority party; |
|---|
| 12230 | | - | (3) The commissioner of education, or his |
|---|
| 12231 | | - | or her designee; |
|---|
| 12232 | | - | (4) One representative from an institution |
|---|
| 12233 | | - | of higher education located in this state with |
|---|
| 12234 | | - | 301 |
|---|
| 12235 | | - | specialized expertise in dyslexia and reading |
|---|
| 12236 | | - | instruction; |
|---|
| 12237 | | - | (5) A representative from a state teachers |
|---|
| 12238 | | - | association or the Missouri National Education |
|---|
| 12239 | | - | Association; |
|---|
| 12240 | | - | (6) A representative from the |
|---|
| 12241 | | - | International Dyslexia Association of Missouri; |
|---|
| 12242 | | - | (7) A representative from Decoding |
|---|
| 12243 | | - | Dyslexia of Missouri; |
|---|
| 12244 | | - | (8) A representative from the Missouri |
|---|
| 12245 | | - | Association of Elementary School Principals; |
|---|
| 12246 | | - | (9) A representative from the Missouri |
|---|
| 12247 | | - | Council of Administrators of Special Education; |
|---|
| 12248 | | - | (10) A professional licensed in the state |
|---|
| 12249 | | - | of Missouri with experience diagnosing dyslexia |
|---|
| 12250 | | - | including, but not limited to, a licensed |
|---|
| 12251 | | - | psychologist, school psychologist, or |
|---|
| 12252 | | - | neuropsychologist; |
|---|
| 12253 | | - | (11) A speech-language pathologist with |
|---|
| 12254 | | - | training and experience in early literacy |
|---|
| 12255 | | - | development and effective research -based |
|---|
| 12256 | | - | intervention techniques for dyslexia, including |
|---|
| 12257 | | - | an Orton-Gillingham remediation program |
|---|
| 12258 | | - | recommended by the Missour i Speech-Language |
|---|
| 12259 | | - | Hearing Association; |
|---|
| 12260 | | - | (12) A certified academic language |
|---|
| 12261 | | - | therapist recommended by the Academic Language |
|---|
| 12262 | | - | Therapy Association who is a resident of this |
|---|
| 12263 | | - | state; |
|---|
| 12264 | | - | (13) A representative from an independent |
|---|
| 12265 | | - | private provider or non profit organization |
|---|
| 12266 | | - | serving individuals with dyslexia; |
|---|
| 12267 | | - | (14) An assistive technology specialist |
|---|
| 12268 | | - | with expertise in accessible print materials and |
|---|
| 12269 | | - | assistive technology used by individuals with |
|---|
| 12270 | | - | dyslexia recommended by the Missouri assistive |
|---|
| 12271 | | - | technology council; |
|---|
| 12272 | | - | (15) One private citizen who has a child |
|---|
| 12273 | | - | who has been diagnosed with dyslexia; |
|---|
| 12274 | | - | (16) One private citizen who has been |
|---|
| 12275 | | - | diagnosed with dyslexia; |
|---|
| 12276 | | - | (17) A representative of the Missouri |
|---|
| 12277 | | - | State Council of the International Reading |
|---|
| 12278 | | - | Association; |
|---|
| 12279 | | - | (18) A pediatrician with knowledge of |
|---|
| 12280 | | - | dyslexia; and |
|---|
| 12281 | | - | 302 |
|---|
| 12282 | | - | (19) A member of the Missouri School |
|---|
| 12283 | | - | Boards' Association. |
|---|
| 12284 | | - | 4. The members of the task force, other |
|---|
| 12285 | | - | than the members from the general assembly and |
|---|
| 12286 | | - | ex officio members, sha ll be appointed by the |
|---|
| 12287 | | - | president pro tempore of the senate or the |
|---|
| 12288 | | - | speaker of the house of representatives by |
|---|
| 12289 | | - | September 1, 2016, by alternating appointments |
|---|
| 12290 | | - | beginning with the president pro tempore of the |
|---|
| 12291 | | - | senate. A chairperson shall be selected by the |
|---|
| 12292 | | - | members of the task force. Any vacancy on the |
|---|
| 12293 | | - | task force shall be filled in the same manner as |
|---|
| 12294 | | - | the original appointment. Members shall serve |
|---|
| 12295 | | - | on the task force without compensation. |
|---|
| 12296 | | - | 5. The task force shall make |
|---|
| 12297 | | - | recommendations for a statewide system for |
|---|
| 12298 | | - | identification, intervention, and delivery of |
|---|
| 12299 | | - | supports for students with dyslexia, including |
|---|
| 12300 | | - | the development of resource materials and |
|---|
| 12301 | | - | professional development activities. These |
|---|
| 12302 | | - | recommendations shall be included in a report to |
|---|
| 12303 | | - | the governor and joint committee on education |
|---|
| 12304 | | - | and shall include findings and proposed |
|---|
| 12305 | | - | legislation and shall be made available no |
|---|
| 12306 | | - | longer than twelve months from the task force's |
|---|
| 12307 | | - | first meeting. |
|---|
| 12308 | | - | 6. The recommendations and resource |
|---|
| 12309 | | - | materials developed by the t ask force shall: |
|---|
| 12310 | | - | (1) Identify valid and reliable screening |
|---|
| 12311 | | - | and evaluation assessments and protocols that |
|---|
| 12312 | | - | can be used and the appropriate personnel to |
|---|
| 12313 | | - | administer such assessments in order to identify |
|---|
| 12314 | | - | children with dyslexia or the characteristics o f |
|---|
| 12315 | | - | dyslexia as part of an ongoing reading progress |
|---|
| 12316 | | - | monitoring system, multitiered system of |
|---|
| 12317 | | - | supports, and special education eligibility |
|---|
| 12318 | | - | determinations in schools; |
|---|
| 12319 | | - | (2) Recommend an evidence -based reading |
|---|
| 12320 | | - | instruction, with consideration of the Nati onal |
|---|
| 12321 | | - | Reading Panel Report and Orton -Gillingham |
|---|
| 12322 | | - | methodology principles for use in all Missouri |
|---|
| 12323 | | - | schools, and intervention system, including a |
|---|
| 12324 | | - | list of effective dyslexia intervention |
|---|
| 12325 | | - | programs, to address dyslexia or characteristics |
|---|
| 12326 | | - | of dyslexia for use b y schools in multitiered |
|---|
| 12327 | | - | systems of support and for services as |
|---|
| 12328 | | - | 303 |
|---|
| 12329 | | - | appropriate for special education eligible |
|---|
| 12330 | | - | students; |
|---|
| 12331 | | - | (3) Develop and implement preservice and |
|---|
| 12332 | | - | in-service professional development activities |
|---|
| 12333 | | - | to address dyslexia identification and |
|---|
| 12334 | | - | intervention, including utilization of |
|---|
| 12335 | | - | accessible print materials and assistive |
|---|
| 12336 | | - | technology, within degree programs such as |
|---|
| 12337 | | - | education, reading, special education, speech - |
|---|
| 12338 | | - | language pathology, and psychology; |
|---|
| 12339 | | - | (4) Review teacher certification and |
|---|
| 12340 | | - | professional development requirements as they |
|---|
| 12341 | | - | relate to the needs of students with dyslexia; |
|---|
| 12342 | | - | (5) Examine the barriers to accurate |
|---|
| 12343 | | - | information on the prevalence of students with |
|---|
| 12344 | | - | dyslexia across the state and recommend a |
|---|
| 12345 | | - | process for accurate reporting of demographic |
|---|
| 12346 | | - | data; and |
|---|
| 12347 | | - | (6) Study and evaluate current practices |
|---|
| 12348 | | - | for diagnosing, treating, and educating children |
|---|
| 12349 | | - | in this state and examine how current laws and |
|---|
| 12350 | | - | regulations affect students with dyslexia in |
|---|
| 12351 | | - | order to present recommendations to t he governor |
|---|
| 12352 | | - | and the joint committee on education. |
|---|
| 12353 | | - | 7. The task force shall hire or contract |
|---|
| 12354 | | - | for hire specialist services to support the work |
|---|
| 12355 | | - | of the task force as necessary with |
|---|
| 12356 | | - | appropriations made by the general assembly to |
|---|
| 12357 | | - | the joint committee on education for that |
|---|
| 12358 | | - | purpose or from other available funding. |
|---|
| 12359 | | - | 8. The task force authorized under this |
|---|
| 12360 | | - | section shall expire on August 31, 2018, unless |
|---|
| 12361 | | - | reauthorized by an act of the general assembly. ] |
|---|
| 12362 | | - | [640.030. The department of natu ral |
|---|
| 12363 | | - | resources and the department of conservation |
|---|
| 12364 | | - | shall develop an interagency plan and execute an |
|---|
| 12365 | | - | interagency agreement regarding the application |
|---|
| 12366 | | - | and use of any portion of funds authorized for |
|---|
| 12367 | | - | the respective departments by provisions of the |
|---|
| 12368 | | - | Constitution, taking into consideration the |
|---|
| 12369 | | - | purposes for which the voters approved the funds |
|---|
| 12370 | | - | and the extent to which expenditures under the |
|---|
| 12371 | | - | provisions of sections 252.300 to 252.333, or |
|---|
| 12372 | | - | sections 620.552 to 620.574, accomplish such |
|---|
| 12373 | | - | purposes. Such interagency agreements shall not |
|---|
| 12374 | | - | 304 |
|---|
| 12375 | | - | be subject to legislative review or oversight |
|---|
| 12376 | | - | and are not rules within the meaning of any law |
|---|
| 12377 | | - | providing for review by the general assembly or |
|---|
| 12378 | | - | any committee thereof. ] |
|---|
| 2623 | + | 25 □ YES □ NO SB 757 78 |
|---|
| 2624 | + | subdistricts established under sections 184.350 to [184.384] 3 |
|---|
| 2625 | + | 184.382 shall be forever free and open to the p ublic at such 4 |
|---|
| 2626 | + | times as may be provided by the reasonable rules and 5 |
|---|
| 2627 | + | regulations adopted by the respective commissions in order 6 |
|---|
| 2628 | + | to render the use of the said subdistrict's facilities of 7 |
|---|
| 2629 | + | the greatest benefit and efficiently to the greatest 8 |
|---|
| 2630 | + | number. The respective commissions may exclude from the use 9 |
|---|
| 2631 | + | of the said facilities any and all persons who willfully 10 |
|---|
| 2632 | + | violate such rules. In addition said commission shall make 11 |
|---|
| 2633 | + | and adopt such bylaws, rules and regulations for its own 12 |
|---|
| 2634 | + | guidance and for the election o f its members and for the 13 |
|---|
| 2635 | + | administration of the subdistrict as it may deem expedient 14 |
|---|
| 2636 | + | and as may not be inconsistent with the provisions of the 15 |
|---|
| 2637 | + | law. The respective commissions may contract for, or exact, 16 |
|---|
| 2638 | + | a charge from any person in connection with the use, 17 |
|---|
| 2639 | + | enjoyment, purchase, license or lease of any property, 18 |
|---|
| 2640 | + | facility, activity, exhibit, function, or personnel of the 19 |
|---|
| 2641 | + | respective subdistricts. Said commission shall have 20 |
|---|
| 2642 | + | exclusive control of the expenditures of all moneys 21 |
|---|
| 2643 | + | collected by the district t o the credit of the subdistrict's 22 |
|---|
| 2644 | + | fund. The commission of any subdistrict established by the 23 |
|---|
| 2645 | + | voters under the authority of section 184.350 shall have 24 |
|---|
| 2646 | + | exclusive control of the construction and maintenance of any 25 |
|---|
| 2647 | + | subdistrict buildings built or maintaine d in whole or in 26 |
|---|
| 2648 | + | part with moneys of said fund and of the supervision, care 27 |
|---|
| 2649 | + | and custody of the grounds, rooms or buildings constructed, 28 |
|---|
| 2650 | + | leased or set apart for the purposes of the subdistrict 29 |
|---|
| 2651 | + | under the authority conferred in this law. The commission 30 |
|---|
| 2652 | + | of any subdistrict established by the voters under the 31 |
|---|
| 2653 | + | authority of section 184.350 shall have the power to appoint 32 |
|---|
| 2654 | + | a director and necessary assistants, to fix their 33 |
|---|
| 2655 | + | compensation and shall also have power to remove such 34 SB 757 79 |
|---|
| 2656 | + | appointees. All employees, appointees and officers of 35 |
|---|
| 2657 | + | publicly owned and operated museums and zoological parks 36 |
|---|
| 2658 | + | shall on the establishment of a subdistrict related thereto 37 |
|---|
| 2659 | + | become employees of the subdistrict and such appointees' and 38 |
|---|
| 2660 | + | employees' seniority, pension, salaries, wages and fringe 39 |
|---|
| 2661 | + | benefits shall be equal to or better than that existing at 40 |
|---|
| 2662 | + | the time of the establishment of the subdistrict insofar as 41 |
|---|
| 2663 | + | may be possible. The respective commissions shall whenever 42 |
|---|
| 2664 | + | the need arises transmit to the district a complete survey 43 |
|---|
| 2665 | + | and report of the subdistrict's need for construction, 44 |
|---|
| 2666 | + | reconstruction and repair of improvements, buildings and 45 |
|---|
| 2667 | + | other facilities and shall include all information and data 46 |
|---|
| 2668 | + | necessary for the purpose of ascertaining the cost of such 47 |
|---|
| 2669 | + | improvements and shall furt her certify to the district the 48 |
|---|
| 2670 | + | need for incurring additional indebtedness as provided in 49 |
|---|
| 2671 | + | sections 184.364 to 184.376 herein. 50 |
|---|
| 2672 | + | 191.211. State expenditures for new programs and 1 |
|---|
| 2673 | + | initiatives enacted by sections [103.178,] 143.999, 188.230, 2 |
|---|
| 2674 | + | 191.231, 191.825 to 191.839, 208.177, 208.178, 208.179 and 3 |
|---|
| 2675 | + | 208.181, 211.490, 285.240, 337.093, 374.126, 376.891 to 4 |
|---|
| 2676 | + | 376.894, 431.064, 660.016, 660.017 and 660.018, and the 5 |
|---|
| 2677 | + | state expenditures for the new initiatives and expansion of 6 |
|---|
| 2678 | + | programs enacted by revising sections 105.711 and 105.721, 7 |
|---|
| 2679 | + | 191.520, 191.600, 198.090, 208.151, 208.152 and 208.215, as 8 |
|---|
| 2680 | + | provided by H.B. 564, 1993, shall be funded exclusively by 9 |
|---|
| 2681 | + | federal funds and the funding sources established in 10 |
|---|
| 2682 | + | sections 149.011, 149.015, 149.035, 14 9.061, 149.065, 11 |
|---|
| 2683 | + | 149.160, 149.170, 149.180, 149.190 and 149.192, and no 12 |
|---|
| 2684 | + | future general revenue shall be appropriated to fund such 13 |
|---|
| 2685 | + | new programs or expansions. 14 SB 757 80 |
|---|
| 2686 | + | 191.828. 1. The following departments shall conduct 1 |
|---|
| 2687 | + | on-going evaluations of the effect of the initiatives 2 |
|---|
| 2688 | + | enacted by the following sections: 3 |
|---|
| 2689 | + | (1) The department of commerce and insurance shall 4 |
|---|
| 2690 | + | evaluate the effect of revising section 376.782 and sections 5 |
|---|
| 2691 | + | 143.999, 208.178, 374.126, and 376.891 to 376.894; 6 |
|---|
| 2692 | + | (2) The department of health and senior services shall 7 |
|---|
| 2693 | + | evaluate the effect of revising sections 105.711 and 191.600 8 |
|---|
| 2694 | + | and enacting section 191.411, and sections 167.600 to 9 |
|---|
| 2695 | + | 167.621, 191.231, 208.177, 431.064, and 660.016. In 10 |
|---|
| 2696 | + | collaboration with the state board of re gistration for the 11 |
|---|
| 2697 | + | healing arts, the state board of nursing, and the state 12 |
|---|
| 2698 | + | board of pharmacy, the department of health and senior 13 |
|---|
| 2699 | + | services shall also evaluate the effect of revising section 14 |
|---|
| 2700 | + | 195.070, section 334.100, and section 335.016, and of 15 |
|---|
| 2701 | + | sections 334.104 and 334.112, and section 338.095 and 16 |
|---|
| 2702 | + | 338.198; 17 |
|---|
| 2703 | + | (3) The department of social services shall evaluate 18 |
|---|
| 2704 | + | the effect of revising section 198.090, and sections 19 |
|---|
| 2705 | + | 208.151, 208.152 and 208.215, and section 383.125, and of 20 |
|---|
| 2706 | + | sections 167.600 to 167.62 1, 208.177, 208.178, 208.179, 21 |
|---|
| 2707 | + | 208.181, and 211.490; 22 |
|---|
| 2708 | + | (4) The office of administration shall evaluate the 23 |
|---|
| 2709 | + | effect of revising sections 105.711 and 105.721; 24 |
|---|
| 2710 | + | (5) [The Missouri consolidated health care plan shall 25 |
|---|
| 2711 | + | evaluate the effect of section 103 .178; and 26 |
|---|
| 2712 | + | (6)] The department of mental health shall evaluate 27 |
|---|
| 2713 | + | the effect of section 191.831 as it relates to substance 28 |
|---|
| 2714 | + | abuse treatment and of section 191.835. 29 |
|---|
| 2715 | + | 2. The department of revenue and office of 30 |
|---|
| 2716 | + | administration shall make biannual repo rts to the general 31 |
|---|
| 2717 | + | assembly and the governor concerning the income received 32 SB 757 81 |
|---|
| 2718 | + | into the health initiatives fund and the level of funding 33 |
|---|
| 2719 | + | required to operate the programs and initiatives funded by 34 |
|---|
| 2720 | + | the health initiatives fund at an optimal level. 35 |
|---|
| 2721 | + | 191.831. 1. There is hereby established in the state 1 |
|---|
| 2722 | + | treasury a "Health Initiatives Fund", to which shall be 2 |
|---|
| 2723 | + | deposited all revenues designated for the fund under 3 |
|---|
| 2724 | + | subsection 8 of section 149.015, and subsection 3 of section 4 |
|---|
| 2725 | + | 149.160, and section 167.609, and all other funds donated to 5 |
|---|
| 2726 | + | the fund or otherwise deposited pursuant to law. The state 6 |
|---|
| 2727 | + | treasurer shall administer the fund. Money in the fund 7 |
|---|
| 2728 | + | shall be appropriated to provide funding for implementing 8 |
|---|
| 2729 | + | the new programs and ini tiatives established by sections 9 |
|---|
| 2730 | + | 105.711 and 105.721. The moneys in the fund may further be 10 |
|---|
| 2731 | + | used to fund those programs established by sections 191.411 11 |
|---|
| 2732 | + | and 191.600, sections 208.151 and 208.152, and sections 12 |
|---|
| 2733 | + | [103.178,] 143.999, 167.600 to 167.621, 188 .230, 191.211, 13 |
|---|
| 2734 | + | 191.231, 191.825 to 191.839, 192.013, 208.177, 208.178, 14 |
|---|
| 2735 | + | 208.179 and 208.181, 211.490, 285.240, 337.093, 374.126, 15 |
|---|
| 2736 | + | 376.891 to 376.894, 431.064, 660.016, 660.017 and 660.018; 16 |
|---|
| 2737 | + | in addition, not less than fifteen percent of the proceeds 17 |
|---|
| 2738 | + | deposited to the health initiative fund pursuant to sections 18 |
|---|
| 2739 | + | 149.015 and 149.160 shall be appropriated annually to 19 |
|---|
| 2740 | + | provide funding for the C -STAR substance abuse 20 |
|---|
| 2741 | + | rehabilitation program of the department of mental health, 21 |
|---|
| 2742 | + | or its successor program, and a C -STAR pilot project 22 |
|---|
| 2743 | + | developed by the director of the division of alcohol and 23 |
|---|
| 2744 | + | drug abuse and the director of the department of corrections 24 |
|---|
| 2745 | + | as an alternative to incarceration, as provided in 25 |
|---|
| 2746 | + | subsections 2, 3, and 4 of this section. Such pilot project 26 |
|---|
| 2747 | + | shall be known as the "Alt -care" program. In addition, some 27 |
|---|
| 2748 | + | of the proceeds deposited to the health initiatives fund 28 |
|---|
| 2749 | + | pursuant to sections 149.015 and 149.160 shall be 29 SB 757 82 |
|---|
| 2750 | + | appropriated annually to the division of alcohol and drug 30 |
|---|
| 2751 | + | abuse of the department of men tal health to be used for the 31 |
|---|
| 2752 | + | administration and oversight of the substance abuse traffic 32 |
|---|
| 2753 | + | offender program defined in section 302.010. The provisions 33 |
|---|
| 2754 | + | of section 33.080 to the contrary notwithstanding, money in 34 |
|---|
| 2755 | + | the health initiatives fund shall not be transferred at the 35 |
|---|
| 2756 | + | close of the biennium to the general revenue fund. 36 |
|---|
| 2757 | + | 2. The director of the division of alcohol and drug 37 |
|---|
| 2758 | + | abuse and the director of the department of corrections 38 |
|---|
| 2759 | + | shall develop and administer a pilot project to provide a 39 |
|---|
| 2760 | + | comprehensive substance abuse treatment and rehabilitation 40 |
|---|
| 2761 | + | program as an alternative to incarceration, hereinafter 41 |
|---|
| 2762 | + | referred to as "Alt-care". Alt-care shall be funded using 42 |
|---|
| 2763 | + | money provided under subsection 1 of this section through 43 |
|---|
| 2764 | + | the Missouri Medicaid program, the C-STAR program of the 44 |
|---|
| 2765 | + | department of mental health, and the division of alcohol and 45 |
|---|
| 2766 | + | drug abuse's purchase -of-service system. Alt-care shall 46 |
|---|
| 2767 | + | offer a flexible combination of clinical services and living 47 |
|---|
| 2768 | + | arrangements individually adapted to each clie nt and her 48 |
|---|
| 2769 | + | children. Alt-care shall consist of the following 49 |
|---|
| 2770 | + | components: 50 |
|---|
| 2771 | + | (1) Assessment and treatment planning; 51 |
|---|
| 2772 | + | (2) Community support to provide continuity, 52 |
|---|
| 2773 | + | monitoring of progress and access to services and resources; 53 |
|---|
| 2774 | + | (3) Counseling from individual to family therapy; 54 |
|---|
| 2775 | + | (4) Day treatment services which include accessibility 55 |
|---|
| 2776 | + | seven days per week, transportation to and from the Alt -care 56 |
|---|
| 2777 | + | program, weekly drug testing, leisure activities, weekly 57 |
|---|
| 2778 | + | events for families and companions, job and education 58 |
|---|
| 2779 | + | preparedness training, peer support and self -help and daily 59 |
|---|
| 2780 | + | living skills; and 60 SB 757 83 |
|---|
| 2781 | + | (5) Living arrangement options which are permanent, 61 |
|---|
| 2782 | + | substance-free and conducive to treatment and recovery. 62 |
|---|
| 2783 | + | 3. Any female who is pregnant or is the custodial 63 |
|---|
| 2784 | + | parent of a child or children under the age of twelve years, 64 |
|---|
| 2785 | + | and who has pleaded guilty to or found guilty of violating 65 |
|---|
| 2786 | + | the provisions of chapter 195, and whose controlled 66 |
|---|
| 2787 | + | substance abuse was a precipitating or contributing factor 67 |
|---|
| 2788 | + | in the commission of the offense, and who is placed on 68 |
|---|
| 2789 | + | probation may be required, as a condition of probation, to 69 |
|---|
| 2790 | + | participate in Alt-care, if space is available in the pilot 70 |
|---|
| 2791 | + | project area. Determinations of eligibility for the 71 |
|---|
| 2792 | + | program, placement, and continued p articipation shall be 72 |
|---|
| 2793 | + | made by the division of alcohol and drug abuse, in 73 |
|---|
| 2794 | + | consultation with the department of corrections. 74 |
|---|
| 2795 | + | 4. The availability of space in Alt -care shall be 75 |
|---|
| 2796 | + | determined by the director of the division of alcohol and 76 |
|---|
| 2797 | + | drug abuse in conjunction with the director of the 77 |
|---|
| 2798 | + | department of corrections. If the sentencing court is 78 |
|---|
| 2799 | + | advised that there is no space available, the court shall 79 |
|---|
| 2800 | + | consider other authorized dispositions. 80 |
|---|
| 2801 | + | 208.244. 1. [Beginning January 1, 2016, the waiver of 1 |
|---|
| 2802 | + | the work requirement for the supplemental nutrition 2 |
|---|
| 2803 | + | assistance program under 7 U.S.C. Section 2015(o) shall no 3 |
|---|
| 2804 | + | longer apply to individuals seeking benefits in this state. 4 |
|---|
| 2805 | + | The provisions of this subsection shall terminate on January 5 |
|---|
| 2806 | + | 1, 2019. 6 |
|---|
| 2807 | + | 2.] Any ongoing savings resulting from a reduction in 7 |
|---|
| 2808 | + | state expenditures due to modification of the supplemental 8 |
|---|
| 2809 | + | nutrition assistance program under this section or the 9 |
|---|
| 2810 | + | temporary assistance for needy families program under 10 |
|---|
| 2811 | + | sections 208.026 and 20 8.040 effective on August 28, 2015, 11 |
|---|
| 2812 | + | subject to appropriations, shall be used to provide child 12 SB 757 84 |
|---|
| 2813 | + | care assistance for single parent households, education 13 |
|---|
| 2814 | + | assistance, transportation assistance, and job training for 14 |
|---|
| 2815 | + | individuals receiving benefits under such programs as 15 |
|---|
| 2816 | + | allowable under applicable state and federal law. 16 |
|---|
| 2817 | + | [3.] 2. The department shall make an annual report to 17 |
|---|
| 2818 | + | the joint committee on government accountability on the 18 |
|---|
| 2819 | + | progress of implementation of sections 208.026 and 208.040, 19 |
|---|
| 2820 | + | including information on enrollment, demographics, work 20 |
|---|
| 2821 | + | participation, and changes to specific policies. The joint 21 |
|---|
| 2822 | + | committee shall meet at least once a year to review the 22 |
|---|
| 2823 | + | department's report and shall make recommendations to the 23 |
|---|
| 2824 | + | president pro tempore of the senate and the speaker of the 24 |
|---|
| 2825 | + | house of representatives. 25 |
|---|
| 2826 | + | 208.471. 1. The department of social services shall 1 |
|---|
| 2827 | + | make payments to those hospitals which have a Medicaid 2 |
|---|
| 2828 | + | provider agreement with the department. 3 |
|---|
| 2829 | + | 2. In each state fiscal year, the amount of federal 4 |
|---|
| 2830 | + | reimbursement allowance levied under sections 208.450 to 5 |
|---|
| 2831 | + | [208.482] 208.480 shall not exceed forty -five percent of the 6 |
|---|
| 2832 | + | total payments to hospitals from the federal reimbursement 7 |
|---|
| 2833 | + | allowance fund and associated federal match, includin g 8 |
|---|
| 2834 | + | payments made to hospitals from state -contracted managed 9 |
|---|
| 2835 | + | care organizations that are attributed to the federal 10 |
|---|
| 2836 | + | reimbursement allowance fund and associated federal match. 11 |
|---|
| 2837 | + | By October first of each subsequent state fiscal year, the 12 |
|---|
| 2838 | + | department shall report this calculation and the underlying 13 |
|---|
| 2839 | + | data supporting the calculation to the budget committee of 14 |
|---|
| 2840 | + | the house of representatives and the appropriations 15 |
|---|
| 2841 | + | committee of the senate. The underlying data shall include 16 |
|---|
| 2842 | + | the amount of federal reimbursement allo wance assessment 17 |
|---|
| 2843 | + | levied on the hospitals and the total amount of Medicaid 18 |
|---|
| 2844 | + | payments to hospitals funded by the federal reimbursement 19 SB 757 85 |
|---|
| 2845 | + | allowance, including payments made to hospitals from all 20 |
|---|
| 2846 | + | state-contracted managed care organizations in aggregate. 21 |
|---|
| 2847 | + | Payments made by the department to hospitals and payments 22 |
|---|
| 2848 | + | made, in aggregate, by all state -contracted managed care 23 |
|---|
| 2849 | + | organizations to hospitals shall be reported separately. 24 |
|---|
| 2850 | + | Expenditures reported by the department and all state - 25 |
|---|
| 2851 | + | contracted managed care orga nizations in aggregate shall be 26 |
|---|
| 2852 | + | broken down by fund source, inpatient or outpatient category 27 |
|---|
| 2853 | + | of service, and individual hospital. In addition, the 28 |
|---|
| 2854 | + | department shall separately and concurrently disclose the 29 |
|---|
| 2855 | + | amount of hospital payments made by the depart ment and the 30 |
|---|
| 2856 | + | amount of hospital payments made by each of the managed care 31 |
|---|
| 2857 | + | plans, with the payment data broken down by plan, fund 32 |
|---|
| 2858 | + | source, inpatient or outpatient category of service, and 33 |
|---|
| 2859 | + | individual hospital, to the hospitals receiving such 34 |
|---|
| 2860 | + | payments specific to that hospital or to an organization 35 |
|---|
| 2861 | + | designated by such hospitals to receive such data and as 36 |
|---|
| 2862 | + | otherwise authorized or required by law. Such payment data 37 |
|---|
| 2863 | + | shall otherwise be regarded as proprietary and confidential 38 |
|---|
| 2864 | + | under subdivision (15) of sect ion 610.021. 39 |
|---|
| 2865 | + | 217.151. 1. As used in this section, the following 1 |
|---|
| 2866 | + | terms shall mean: 2 |
|---|
| 2867 | + | (1) "Extraordinary circumstance", a substantial flight 3 |
|---|
| 2868 | + | risk or some other extraordinary medical or security 4 |
|---|
| 2869 | + | circumstance that dictates restraint s be used to ensure the 5 |
|---|
| 2870 | + | safety and security of a pregnant offender in her third 6 |
|---|
| 2871 | + | trimester, a postpartum offender forty -eight hours 7 |
|---|
| 2872 | + | postdelivery, the staff of the correctional center or 8 |
|---|
| 2873 | + | medical facility, other offenders, or the public; 9 |
|---|
| 2874 | + | (2) "Labor", the period of time before a birth during 10 |
|---|
| 2875 | + | which contractions are present; 11 SB 757 86 |
|---|
| 2876 | + | (3) "Postpartum", the period of recovery immediately 12 |
|---|
| 2877 | + | following childbirth, which is six weeks for a vaginal birth 13 |
|---|
| 2878 | + | or eight weeks for a cesarean birth, or longer if so 14 |
|---|
| 2879 | + | determined by a physician or nurse; 15 |
|---|
| 2880 | + | (4) "Restraints", any physical restraint or other 16 |
|---|
| 2881 | + | device used to control the movement of a person's body or 17 |
|---|
| 2882 | + | limbs. 18 |
|---|
| 2883 | + | 2. Unless extraordinary circumstances exist as 19 |
|---|
| 2884 | + | determined by a corrections officer, a correcti onal center 20 |
|---|
| 2885 | + | shall not use restraints on a pregnant offender in her third 21 |
|---|
| 2886 | + | trimester during transportation to and from visits to health 22 |
|---|
| 2887 | + | care providers or court proceedings, or during medical 23 |
|---|
| 2888 | + | appointments and examinations, labor, delivery, or forty - 24 |
|---|
| 2889 | + | eight hours postdelivery. 25 |
|---|
| 2890 | + | 3. In the event a corrections officer determines that 26 |
|---|
| 2891 | + | extraordinary circumstances exist and restraints are 27 |
|---|
| 2892 | + | necessary, the corrections officer shall fully document in 28 |
|---|
| 2893 | + | writing within forty -eight hours of the incident the reasons 29 |
|---|
| 2894 | + | he or she determined such extraordinary circumstances 30 |
|---|
| 2895 | + | existed, the type of restraints used, and the reasons those 31 |
|---|
| 2896 | + | restraints were considered the least restrictive available 32 |
|---|
| 2897 | + | and the most reasonable under the circumstances. Such 33 |
|---|
| 2898 | + | documents shall be kep t on file by the correctional center 34 |
|---|
| 2899 | + | for at least ten years from the date the restraints were 35 |
|---|
| 2900 | + | used. 36 |
|---|
| 2901 | + | 4. Any time restraints are used on a pregnant offender 37 |
|---|
| 2902 | + | in her third trimester or on a postpartum offender forty - 38 |
|---|
| 2903 | + | eight hours postdelivery, the rest raints shall be the least 39 |
|---|
| 2904 | + | restrictive available and the most reasonable under the 40 |
|---|
| 2905 | + | circumstances. In no case shall leg, ankle, or waist 41 |
|---|
| 2906 | + | restraints or any mechanical restraints be used on any such 42 |
|---|
| 2907 | + | offender, and if wrist restraints are used, such restrai nts 43 SB 757 87 |
|---|
| 2908 | + | shall be placed in the front of such offender's body to 44 |
|---|
| 2909 | + | protect the offender and unborn child in the case of a 45 |
|---|
| 2910 | + | forward fall. 46 |
|---|
| 2911 | + | 5. If a doctor, nurse, or other health care provider 47 |
|---|
| 2912 | + | treating the pregnant offender in her third trimester or the 48 |
|---|
| 2913 | + | postpartum offender forty -eight hours postdelivery requests 49 |
|---|
| 2914 | + | that restraints not be used, the corrections officer 50 |
|---|
| 2915 | + | accompanying such offender shall immediately remove all 51 |
|---|
| 2916 | + | restraints. 52 |
|---|
| 2917 | + | 6. Pregnant offenders shall be transported in vehicles 53 |
|---|
| 2918 | + | equipped with seatbelts. 54 |
|---|
| 2919 | + | 7. The [sentencing and corrections oversight 55 |
|---|
| 2920 | + | commission established under section 217.147 and the ] 56 |
|---|
| 2921 | + | advisory committee established under section 217.015 shall 57 |
|---|
| 2922 | + | conduct biannual reviews of every report written on the use 58 |
|---|
| 2923 | + | of restraints on a pregnant offender in her third trimester 59 |
|---|
| 2924 | + | or on a postpartum offender forty -eight hours postdelivery 60 |
|---|
| 2925 | + | in accordance with subsection 3 of this section to determine 61 |
|---|
| 2926 | + | compliance with this section. The written reports shall be 62 |
|---|
| 2927 | + | kept on file by the departm ent for ten years. 63 |
|---|
| 2928 | + | 8. The chief administrative officer, or equivalent 64 |
|---|
| 2929 | + | position, of each correctional center shall: 65 |
|---|
| 2930 | + | (1) Ensure that employees of the correctional center 66 |
|---|
| 2931 | + | are provided with training, which may include online 67 |
|---|
| 2932 | + | training, on the pro visions of this section and section 68 |
|---|
| 2933 | + | 217.147; and 69 |
|---|
| 2934 | + | (2) Inform female offenders, in writing and orally, of 70 |
|---|
| 2935 | + | any policies and practices developed in accordance with this 71 |
|---|
| 2936 | + | section upon admission to the correctional center, including 72 |
|---|
| 2937 | + | policies and practic es in any offender handbook, and post 73 |
|---|
| 2938 | + | the policies and practices in locations in the correctional 74 |
|---|
| 2939 | + | center where such notices are commonly posted and will be 75 SB 757 88 |
|---|
| 2940 | + | seen by female offenders, including common housing areas and 76 |
|---|
| 2941 | + | health care facilities. 77 |
|---|
| 2942 | + | 9. The provisions of this section shall apply only to 78 |
|---|
| 2943 | + | the department of corrections. 79 |
|---|
| 2944 | + | 301.140. 1. Upon the transfer of ownership of any 1 |
|---|
| 2945 | + | motor vehicle or trailer, the certificate of registration 2 |
|---|
| 2946 | + | and the right to use the number plates shall expire and the 3 |
|---|
| 2947 | + | number plates shall be removed by the owner at the time of 4 |
|---|
| 2948 | + | the transfer of possession, and it shall be unlawful for any 5 |
|---|
| 2949 | + | person other than the person to whom such number plates were 6 |
|---|
| 2950 | + | originally issued to have the same in his or her posses sion 7 |
|---|
| 2951 | + | whether in use or not, unless such possession is solely for 8 |
|---|
| 2952 | + | charitable purposes; except that the buyer of a motor 9 |
|---|
| 2953 | + | vehicle or trailer who trades in a motor vehicle or trailer 10 |
|---|
| 2954 | + | may attach the license plates from the traded -in motor 11 |
|---|
| 2955 | + | vehicle or trailer to the newly purchased motor vehicle or 12 |
|---|
| 2956 | + | trailer. The operation of a motor vehicle with such 13 |
|---|
| 2957 | + | transferred plates shall be lawful for no more than thirty 14 |
|---|
| 2958 | + | days[, or no more than ninety days if the dealer is selling 15 |
|---|
| 2959 | + | the motor vehicle under the provisions of section 301.213,] 16 |
|---|
| 2960 | + | or no more than sixty days if the dealer is selling the 17 |
|---|
| 2961 | + | motor vehicle under the provisions of subsection 5 of 18 |
|---|
| 2962 | + | section 301.210. As used in this subsection, the term 19 |
|---|
| 2963 | + | "trade-in motor vehicle or trailer" shall include any single 20 |
|---|
| 2964 | + | motor vehicle or trailer sold by the buyer of the newly 21 |
|---|
| 2965 | + | purchased vehicle or trailer, as long as the license plates 22 |
|---|
| 2966 | + | for the trade-in motor vehicle or trailer are still valid. 23 |
|---|
| 2967 | + | 2. In the case of a transfer of ownership the original 24 |
|---|
| 2968 | + | owner may register a nother motor vehicle under the same 25 |
|---|
| 2969 | + | number, upon the payment of a fee of two dollars, if the 26 |
|---|
| 2970 | + | motor vehicle is of horsepower, gross weight or (in the case 27 |
|---|
| 2971 | + | of a passenger-carrying commercial motor vehicle) seating 28 SB 757 89 |
|---|
| 2972 | + | capacity, not in excess of that original ly registered. When 29 |
|---|
| 2973 | + | such motor vehicle is of greater horsepower, gross weight or 30 |
|---|
| 2974 | + | (in the case of a passenger -carrying commercial motor 31 |
|---|
| 2975 | + | vehicle) seating capacity, for which a greater fee is 32 |
|---|
| 2976 | + | prescribed, the applicant shall pay a transfer fee of two 33 |
|---|
| 2977 | + | dollars and a pro rata portion for the difference in fees. 34 |
|---|
| 2978 | + | When such vehicle is of less horsepower, gross weight or (in 35 |
|---|
| 2979 | + | case of a passenger-carrying commercial motor vehicle) 36 |
|---|
| 2980 | + | seating capacity, for which a lesser fee is prescribed, the 37 |
|---|
| 2981 | + | applicant shall not be entitled to a refund. 38 |
|---|
| 2982 | + | 3. License plates may be transferred from a motor 39 |
|---|
| 2983 | + | vehicle which will no longer be operated to a newly 40 |
|---|
| 2984 | + | purchased motor vehicle by the owner of such vehicles. The 41 |
|---|
| 2985 | + | owner shall pay a transfer fee of two dollars if the newly 42 |
|---|
| 2986 | + | purchased vehicle is of horsepower, gross weight or (in the 43 |
|---|
| 2987 | + | case of a passenger-carrying commercial motor vehicle) 44 |
|---|
| 2988 | + | seating capacity, not in excess of that of the vehicle which 45 |
|---|
| 2989 | + | will no longer be operated. When the newly purchased motor 46 |
|---|
| 2990 | + | vehicle is of greater horsepower, gross weight or (in the 47 |
|---|
| 2991 | + | case of a passenger-carrying commercial motor vehicle) 48 |
|---|
| 2992 | + | seating capacity, for which a greater fee is prescribed, the 49 |
|---|
| 2993 | + | applicant shall pay a transfer fee of two dollars and a pro 50 |
|---|
| 2994 | + | rata portion of the difference in fees. When the newly 51 |
|---|
| 2995 | + | purchased vehicle is of less horsepower, gross weight or (in 52 |
|---|
| 2996 | + | the case of a passenger -carrying commercial motor vehicle) 53 |
|---|
| 2997 | + | seating capacity, for which a lesser fee is prescribed, the 54 |
|---|
| 2998 | + | applicant shall not be entitled to a refund. 55 |
|---|
| 2999 | + | 4. The director of the department of revenue shall 56 |
|---|
| 3000 | + | have authority to produce or allow others to produce a 57 |
|---|
| 3001 | + | weather resistant, nontearing temporary permit authorizing 58 |
|---|
| 3002 | + | the operation of a motor vehicle or trailer by a buyer for 59 |
|---|
| 3003 | + | not more than thirty days [, or no more than ninety days if 60 SB 757 90 |
|---|
| 3004 | + | issued by a dealer selling the motor vehicle under the 61 |
|---|
| 3005 | + | provisions of section 301.213, ] or no more than sixty days 62 |
|---|
| 3006 | + | if issued by a dealer selling the motor vehicle under the 63 |
|---|
| 3007 | + | provisions of subsection 5 of section 301.210, from the date 64 |
|---|
| 3008 | + | of purchase. The temporary permit authorized under this 65 |
|---|
| 3009 | + | section may be purchased by the purchaser of a motor vehicle 66 |
|---|
| 3010 | + | or trailer from the central office of the department of 67 |
|---|
| 3011 | + | revenue or from an authorized agent of the department of 68 |
|---|
| 3012 | + | revenue upon proof of purchase of a motor vehicle or trailer 69 |
|---|
| 3013 | + | for which the buyer has no registration plate available for 70 |
|---|
| 3014 | + | transfer and upon proof of financial responsibility, or from 71 |
|---|
| 3015 | + | a motor vehicle dealer upon purchase of a motor vehicle or 72 |
|---|
| 3016 | + | trailer for which the buyer has no registration plate 73 |
|---|
| 3017 | + | available for transfer, or from a motor vehicle dealer upon 74 |
|---|
| 3018 | + | purchase of a motor vehicle or trailer for which the buyer 75 |
|---|
| 3019 | + | has registered and is awaiting receipt of registration 76 |
|---|
| 3020 | + | plates. The director of the department o f revenue or a 77 |
|---|
| 3021 | + | producer authorized by the director of the department of 78 |
|---|
| 3022 | + | revenue may make temporary permits available to registered 79 |
|---|
| 3023 | + | dealers in this state, authorized agents of the department 80 |
|---|
| 3024 | + | of revenue or the department of revenue. The price paid by 81 |
|---|
| 3025 | + | a motor vehicle dealer, an authorized agent of the 82 |
|---|
| 3026 | + | department of revenue or the department of revenue for a 83 |
|---|
| 3027 | + | temporary permit shall not exceed five dollars for each 84 |
|---|
| 3028 | + | permit. The director of the department of revenue shall 85 |
|---|
| 3029 | + | direct motor vehicle dealers and authorized agents to obtain 86 |
|---|
| 3030 | + | temporary permits from an authorized producer. Amounts 87 |
|---|
| 3031 | + | received by the director of the department of revenue for 88 |
|---|
| 3032 | + | temporary permits shall constitute state revenue; however, 89 |
|---|
| 3033 | + | amounts received by an authorized producer other t han the 90 |
|---|
| 3034 | + | director of the department of revenue shall not constitute 91 |
|---|
| 3035 | + | state revenue and any amounts received by motor vehicle 92 SB 757 91 |
|---|
| 3036 | + | dealers or authorized agents for temporary permits purchased 93 |
|---|
| 3037 | + | from a producer other than the director of the department of 94 |
|---|
| 3038 | + | revenue shall not constitute state revenue. In no event 95 |
|---|
| 3039 | + | shall revenues from the general revenue fund or any other 96 |
|---|
| 3040 | + | state fund be utilized to compensate motor vehicle dealers 97 |
|---|
| 3041 | + | or other producers for their role in producing temporary 98 |
|---|
| 3042 | + | permits as authorized under this section. Amounts that do 99 |
|---|
| 3043 | + | not constitute state revenue under this section shall also 100 |
|---|
| 3044 | + | not constitute fees for registration or certificates of 101 |
|---|
| 3045 | + | title to be collected by the director of the department of 102 |
|---|
| 3046 | + | revenue under section 301.190. No motor vehicle dealer, 103 |
|---|
| 3047 | + | authorized agent or the department of revenue shall charge 104 |
|---|
| 3048 | + | more than five dollars for each permit issued. The permit 105 |
|---|
| 3049 | + | shall be valid for a period of thirty days [, or no more than 106 |
|---|
| 3050 | + | ninety days if issued by a dealer selling the motor vehicle 107 |
|---|
| 3051 | + | under the provisions of section 301.213, ] or no more than 108 |
|---|
| 3052 | + | sixty days if issued by a dealer selling the motor vehicle 109 |
|---|
| 3053 | + | under the provisions of subsection 5 of section 301.210, 110 |
|---|
| 3054 | + | from the date of purchase of a motor vehicle or trailer, or 111 |
|---|
| 3055 | + | from the date of sale of the motor vehicle or trailer by a 112 |
|---|
| 3056 | + | motor vehicle dealer for which the purchaser obtains a 113 |
|---|
| 3057 | + | permit as set out above. No permit shall be issued for a 114 |
|---|
| 3058 | + | vehicle under this section unless the buyer shows proof of 115 |
|---|
| 3059 | + | financial responsibility. Each temporary permit issued 116 |
|---|
| 3060 | + | shall be securely fastened to the back or rear of the motor 117 |
|---|
| 3061 | + | vehicle in a manner and place on the motor vehicle 118 |
|---|
| 3062 | + | consistent with registration plates so that all parts and 119 |
|---|
| 3063 | + | qualities of the temporary permit thereof shall be plainly 120 |
|---|
| 3064 | + | and clearly visible, reasonably clean and are not impaired 121 |
|---|
| 3065 | + | in any way. 122 |
|---|
| 3066 | + | 5. The permit shall be issued on a form prescribed by 123 |
|---|
| 3067 | + | the director of the department of revenue and issued only 124 SB 757 92 |
|---|
| 3068 | + | for the applicant's temporary operation of the motor vehicle 125 |
|---|
| 3069 | + | or trailer purchased to enable the applicant to temporarily 126 |
|---|
| 3070 | + | operate the motor vehicle while proper title and 127 |
|---|
| 3071 | + | registration plates are being obtained, or while awaiting 128 |
|---|
| 3072 | + | receipt of registration plates, and shall be displayed on no 129 |
|---|
| 3073 | + | other motor vehicle. Temporary permits issued pursuant to 130 |
|---|
| 3074 | + | this section shall not be transferable or renewable, shall 131 |
|---|
| 3075 | + | not be valid upon issuance of proper registration plates for 132 |
|---|
| 3076 | + | the motor vehicle or trailer, and shall be returned to the 133 |
|---|
| 3077 | + | department or to the department's agent upon th e issuance of 134 |
|---|
| 3078 | + | such proper registration plates. Any temporary permit 135 |
|---|
| 3079 | + | returned to the department or to the department's agent 136 |
|---|
| 3080 | + | shall be immediately destroyed. The provisions of this 137 |
|---|
| 3081 | + | subsection shall not apply to temporary permits issued for 138 |
|---|
| 3082 | + | commercial motor vehicles licensed in excess of twenty -four 139 |
|---|
| 3083 | + | thousand pounds gross weight. The director of the 140 |
|---|
| 3084 | + | department of revenue shall determine the size, material, 141 |
|---|
| 3085 | + | design, numbering configuration, construction, and color of 142 |
|---|
| 3086 | + | the permit. The director of the d epartment of revenue, at 143 |
|---|
| 3087 | + | his or her discretion, shall have the authority to reissue, 144 |
|---|
| 3088 | + | and thereby extend the use of, a temporary permit previously 145 |
|---|
| 3089 | + | and legally issued for a motor vehicle or trailer while 146 |
|---|
| 3090 | + | proper title and registration are being obtained. 147 |
|---|
| 3091 | + | 6. Every motor vehicle dealer that issues temporary 148 |
|---|
| 3092 | + | permits shall keep, for inspection by proper officers, an 149 |
|---|
| 3093 | + | accurate record of each permit issued by recording the 150 |
|---|
| 3094 | + | permit number, the motor vehicle dealer's number, buyer's 151 |
|---|
| 3095 | + | name and address, the m otor vehicle's year, make, and 152 |
|---|
| 3096 | + | manufacturer's vehicle identification number, and the 153 |
|---|
| 3097 | + | permit's date of issuance and expiration date. Upon the 154 |
|---|
| 3098 | + | issuance of a temporary permit by either the central office 155 |
|---|
| 3099 | + | of the department of revenue, a motor vehicle deal er or an 156 SB 757 93 |
|---|
| 3100 | + | authorized agent of the department of revenue, the director 157 |
|---|
| 3101 | + | of the department of revenue shall make the information 158 |
|---|
| 3102 | + | associated with the issued temporary permit immediately 159 |
|---|
| 3103 | + | available to the law enforcement community of the state of 160 |
|---|
| 3104 | + | Missouri. 161 |
|---|
| 3105 | + | 7. Upon the transfer of ownership of any currently 162 |
|---|
| 3106 | + | registered motor vehicle wherein the owner cannot transfer 163 |
|---|
| 3107 | + | the license plates due to a change of motor vehicle 164 |
|---|
| 3108 | + | category, the owner may surrender the license plates issued 165 |
|---|
| 3109 | + | to the motor vehicle and receive credit for any unused 166 |
|---|
| 3110 | + | portion of the original registration fee against the 167 |
|---|
| 3111 | + | registration fee of another motor vehicle. Such credit 168 |
|---|
| 3112 | + | shall be granted based upon the date the license plates are 169 |
|---|
| 3113 | + | surrendered. No refunds shall be made on the unused portion 170 |
|---|
| 3114 | + | of any license plates surrendered for such credit. 171 |
|---|
| 3115 | + | 8. An additional temporary license plate produced in a 172 |
|---|
| 3116 | + | manner and of materials determined by the director to be the 173 |
|---|
| 3117 | + | most cost-effective means of production with a configuration 174 |
|---|
| 3118 | + | that matches an existing or newly issued plate may be 175 |
|---|
| 3119 | + | purchased by a motor vehicle owner to be placed in the 176 |
|---|
| 3120 | + | interior of the vehicle's rear window such that the driver's 177 |
|---|
| 3121 | + | view out of the rear window is not obstructed and the plate 178 |
|---|
| 3122 | + | configuration is clearly visible from the outside of the 179 |
|---|
| 3123 | + | vehicle to serve as the visible plate when a bicycle rack or 180 |
|---|
| 3124 | + | other item obstructs the view of the actual plate. Such 181 |
|---|
| 3125 | + | temporary plate is only authorized for use when the matching 182 |
|---|
| 3126 | + | actual plate is affixed to the vehicle in the ma nner 183 |
|---|
| 3127 | + | prescribed in subsection 5 of section 301.130. The fee 184 |
|---|
| 3128 | + | charged for the temporary plate shall be equal to the fee 185 |
|---|
| 3129 | + | charged for a temporary permit issued under subsection 4 of 186 |
|---|
| 3130 | + | this section. Replacement temporary plates authorized in 187 |
|---|
| 3131 | + | this subsection may be issued as needed upon the payment of 188 SB 757 94 |
|---|
| 3132 | + | a fee equal to the fee charged for a temporary permit under 189 |
|---|
| 3133 | + | subsection 4 of this section. The newly produced third 190 |
|---|
| 3134 | + | plate may only be used on the vehicle with the matching 191 |
|---|
| 3135 | + | plate, and the additional plate sh all be clearly 192 |
|---|
| 3136 | + | recognizable as a third plate and only used for the purpose 193 |
|---|
| 3137 | + | specified in this subsection. 194 |
|---|
| 3138 | + | 9. Notwithstanding the provisions of section 301.217, 195 |
|---|
| 3139 | + | the director may issue a temporary permit to an individual 196 |
|---|
| 3140 | + | who possesses a salvage moto r vehicle which requires an 197 |
|---|
| 3141 | + | inspection under subsection 9 of section 301.190. The 198 |
|---|
| 3142 | + | operation of a salvage motor vehicle for which the permit 199 |
|---|
| 3143 | + | has been issued shall be limited to the most direct route 200 |
|---|
| 3144 | + | from the residence, maintenance, or storage facility of the 201 |
|---|
| 3145 | + | individual in possession of such motor vehicle to the 202 |
|---|
| 3146 | + | nearest authorized inspection facility and return to the 203 |
|---|
| 3147 | + | originating location. Notwithstanding any other 204 |
|---|
| 3148 | + | requirements for the issuance of a temporary permit under 205 |
|---|
| 3149 | + | this section, an individua l obtaining a temporary permit for 206 |
|---|
| 3150 | + | the purpose of operating a motor vehicle to and from an 207 |
|---|
| 3151 | + | examination facility as prescribed in this subsection shall 208 |
|---|
| 3152 | + | also purchase the required motor vehicle examination form 209 |
|---|
| 3153 | + | which is required to be completed for an ex amination under 210 |
|---|
| 3154 | + | subsection 9 of section 301.190 and provide satisfactory 211 |
|---|
| 3155 | + | evidence that such vehicle has passed a motor vehicle safety 212 |
|---|
| 3156 | + | inspection for such vehicle as required in section 307.350. 213 |
|---|
| 3157 | + | 10. The director of the department of revenue may 214 |
|---|
| 3158 | + | promulgate all necessary rules and regulations for the 215 |
|---|
| 3159 | + | administration of this section. Any rule or portion of a 216 |
|---|
| 3160 | + | rule, as that term is defined in section 536.010, that is 217 |
|---|
| 3161 | + | created under the authority delegated in this section shall 218 |
|---|
| 3162 | + | become effective only i f it complies with and is subject to 219 |
|---|
| 3163 | + | all of the provisions of chapter 536 and, if applicable, 220 SB 757 95 |
|---|
| 3164 | + | section 536.028. This section and chapter 536 are 221 |
|---|
| 3165 | + | nonseverable and if any of the powers vested with the 222 |
|---|
| 3166 | + | general assembly pursuant to chapter 536 to review, t o delay 223 |
|---|
| 3167 | + | the effective date, or to disapprove and annul a rule are 224 |
|---|
| 3168 | + | subsequently held unconstitutional, then the grant of 225 |
|---|
| 3169 | + | rulemaking authority and any rule proposed or adopted after 226 |
|---|
| 3170 | + | August 28, 2012, shall be invalid and void. 227 |
|---|
| 3171 | + | 11. The repeal and reenactment of this section shall 228 |
|---|
| 3172 | + | become effective on the date the department of revenue or a 229 |
|---|
| 3173 | + | producer authorized by the director of the department of 230 |
|---|
| 3174 | + | revenue begins producing temporary permits described in 231 |
|---|
| 3175 | + | subsection 4 of such section, or on July 1, 2013 , whichever 232 |
|---|
| 3176 | + | occurs first. If the director of revenue or a producer 233 |
|---|
| 3177 | + | authorized by the director of the department of revenue 234 |
|---|
| 3178 | + | begins producing temporary permits prior to July 1, 2013, 235 |
|---|
| 3179 | + | the director of the department of revenue shall notify the 236 |
|---|
| 3180 | + | revisor of statutes of such fact. 237 |
|---|
| 3181 | + | 301.190. 1. No certificate of registration of any 1 |
|---|
| 3182 | + | motor vehicle or trailer, or number plate therefor, shall be 2 |
|---|
| 3183 | + | issued by the director of revenue unless the applicant 3 |
|---|
| 3184 | + | therefor shall make application for and be granted a 4 |
|---|
| 3185 | + | certificate of ownership of such motor vehicle or trailer, 5 |
|---|
| 3186 | + | or shall present satisfactory evidence that such certificate 6 |
|---|
| 3187 | + | has been previously issued to the applicant for such motor 7 |
|---|
| 3188 | + | vehicle or trailer. Application shall be made within thirty 8 |
|---|
| 3189 | + | days after the applicant acquires the motor vehicle or 9 |
|---|
| 3190 | + | trailer, unless the motor vehicle was acquired under 10 |
|---|
| 3191 | + | [section 301.213 or] subsection 5 of section 301.210 in 11 |
|---|
| 3192 | + | which case the applicant shall make application within 12 |
|---|
| 3193 | + | thirty days after receiving title from the dealer, upon a 13 |
|---|
| 3194 | + | blank form furnished by the director of revenue and shall 14 |
|---|
| 3195 | + | contain the applicant's identification number, a full 15 SB 757 96 |
|---|
| 3196 | + | description of the motor vehicle or trailer, the vehicle 16 |
|---|
| 3197 | + | identification number, and the mileage registered on the 17 |
|---|
| 3198 | + | odometer at the time of transfer of ownership, as required 18 |
|---|
| 3199 | + | by section 407.536, together with a statement of the 19 |
|---|
| 3200 | + | applicant's source of title and of any liens or encumbrances 20 |
|---|
| 3201 | + | on the motor vehicle or trailer, provided that for good 21 |
|---|
| 3202 | + | cause shown the directo r of revenue may extend the period of 22 |
|---|
| 3203 | + | time for making such application. When an owner wants to 23 |
|---|
| 3204 | + | add or delete a name or names on an application for 24 |
|---|
| 3205 | + | certificate of ownership of a motor vehicle or trailer that 25 |
|---|
| 3206 | + | would cause it to be inconsistent with the n ame or names 26 |
|---|
| 3207 | + | listed on the notice of lien, the owner shall provide the 27 |
|---|
| 3208 | + | director with documentation evidencing the lienholder's 28 |
|---|
| 3209 | + | authorization to add or delete a name or names on an 29 |
|---|
| 3210 | + | application for certificate of ownership. 30 |
|---|
| 3211 | + | 2. The director of reven ue shall use reasonable 31 |
|---|
| 3212 | + | diligence in ascertaining whether the facts stated in such 32 |
|---|
| 3213 | + | application are true and shall, to the extent possible 33 |
|---|
| 3214 | + | without substantially delaying processing of the 34 |
|---|
| 3215 | + | application, review any odometer information pertaining to 35 |
|---|
| 3216 | + | such motor vehicle that is accessible to the director of 36 |
|---|
| 3217 | + | revenue. If satisfied that the applicant is the lawful 37 |
|---|
| 3218 | + | owner of such motor vehicle or trailer, or otherwise 38 |
|---|
| 3219 | + | entitled to have the same registered in his name, the 39 |
|---|
| 3220 | + | director shall thereupon issue an app ropriate certificate 40 |
|---|
| 3221 | + | over his signature and sealed with the seal of his office, 41 |
|---|
| 3222 | + | procured and used for such purpose. The certificate shall 42 |
|---|
| 3223 | + | contain on its face a complete description, vehicle 43 |
|---|
| 3224 | + | identification number, and other evidence of identification 44 |
|---|
| 3225 | + | of the motor vehicle or trailer, as the director of revenue 45 |
|---|
| 3226 | + | may deem necessary, together with the odometer information 46 |
|---|
| 3227 | + | required to be put on the face of the certificate pursuant 47 SB 757 97 |
|---|
| 3228 | + | to section 407.536, a statement of any liens or encumbrances 48 |
|---|
| 3229 | + | which the application may show to be thereon, and, if 49 |
|---|
| 3230 | + | ownership of the vehicle has been transferred, the name of 50 |
|---|
| 3231 | + | the state issuing the transferor's title and whether the 51 |
|---|
| 3232 | + | transferor's odometer mileage statement executed pursuant to 52 |
|---|
| 3233 | + | section 407.536 indicated that the true mileage is 53 |
|---|
| 3234 | + | materially different from the number of miles shown on the 54 |
|---|
| 3235 | + | odometer, or is unknown. 55 |
|---|
| 3236 | + | 3. The director of revenue shall appropriately 56 |
|---|
| 3237 | + | designate on the current and all subsequent issues of the 57 |
|---|
| 3238 | + | certificate the words "Reconstructed Mot or Vehicle", "Motor 58 |
|---|
| 3239 | + | Change Vehicle", "Specially Constructed Motor Vehicle", or 59 |
|---|
| 3240 | + | "Non-USA-Std Motor Vehicle", as defined in section 301.010. 60 |
|---|
| 3241 | + | Effective July 1, 1990, on all original and all subsequent 61 |
|---|
| 3242 | + | issues of the certificate for motor vehicles as refer enced 62 |
|---|
| 3243 | + | in subsections 2 and 3 of section 301.020, the director 63 |
|---|
| 3244 | + | shall print on the face thereof the following designation: 64 |
|---|
| 3245 | + | "Annual odometer updates may be available from the 65 |
|---|
| 3246 | + | department of revenue.". On any duplicate certificate, the 66 |
|---|
| 3247 | + | director of revenue shall reprint on the face thereof the 67 |
|---|
| 3248 | + | most recent of either: 68 |
|---|
| 3249 | + | (1) The mileage information included on the face of 69 |
|---|
| 3250 | + | the immediately prior certificate and the date of purchase 70 |
|---|
| 3251 | + | or issuance of the immediately prior certificate; or 71 |
|---|
| 3252 | + | (2) Any other mileage information provided to the 72 |
|---|
| 3253 | + | director of revenue, and the date the director obtained or 73 |
|---|
| 3254 | + | recorded that information. 74 |
|---|
| 3255 | + | 4. The certificate of ownership issued by the director 75 |
|---|
| 3256 | + | of revenue shall be manufactured in a manner to prohibit as 76 |
|---|
| 3257 | + | nearly as possible the ability to alter, counterfeit, 77 |
|---|
| 3258 | + | duplicate, or forge such certificate without ready 78 |
|---|
| 3259 | + | detection. In order to carry out the requirements of this 79 SB 757 98 |
|---|
| 3260 | + | subsection, the director of revenue may contract with a 80 |
|---|
| 3261 | + | nonprofit scientific or educational insti tution specializing 81 |
|---|
| 3262 | + | in the analysis of secure documents to determine the most 82 |
|---|
| 3263 | + | effective methods of rendering Missouri certificates of 83 |
|---|
| 3264 | + | ownership nonalterable or noncounterfeitable. 84 |
|---|
| 3265 | + | 5. The fee for each original certificate so issued 85 |
|---|
| 3266 | + | shall be eight dollars and fifty cents, in addition to the 86 |
|---|
| 3267 | + | fee for registration of such motor vehicle or trailer. If 87 |
|---|
| 3268 | + | application for the certificate is not made within thirty 88 |
|---|
| 3269 | + | days after the vehicle is acquired by the applicant, or 89 |
|---|
| 3270 | + | where the motor vehicle was acquire d under [section 301.213 90 |
|---|
| 3271 | + | or] subsection 5 of section 301.210 and the applicant fails 91 |
|---|
| 3272 | + | to make application within thirty days after receiving title 92 |
|---|
| 3273 | + | from the dealer, a delinquency penalty fee of twenty -five 93 |
|---|
| 3274 | + | dollars for the first thirty days of delinquency and twenty- 94 |
|---|
| 3275 | + | five dollars for each thirty days of delinquency thereafter, 95 |
|---|
| 3276 | + | not to exceed a total of two hundred dollars, but such 96 |
|---|
| 3277 | + | penalty may be waived by the director for a good cause 97 |
|---|
| 3278 | + | shown. If the director of revenue learns that any person 98 |
|---|
| 3279 | + | has failed to obtain a certificate within thirty days after 99 |
|---|
| 3280 | + | acquiring a motor vehicle or trailer, or where the motor 100 |
|---|
| 3281 | + | vehicle was acquired under [section 301.213 or] subsection 5 101 |
|---|
| 3282 | + | of section 301.210 and the applicant fails to make 102 |
|---|
| 3283 | + | application within thirty days af ter receiving title from 103 |
|---|
| 3284 | + | the dealer, or has sold a vehicle without obtaining a 104 |
|---|
| 3285 | + | certificate, he shall cancel the registration of all 105 |
|---|
| 3286 | + | vehicles registered in the name of the person, either as 106 |
|---|
| 3287 | + | sole owner or as a co -owner, and shall notify the person 107 |
|---|
| 3288 | + | that the cancellation will remain in force until the person 108 |
|---|
| 3289 | + | pays the delinquency penalty fee provided in this section, 109 |
|---|
| 3290 | + | together with all fees, charges and payments which the 110 |
|---|
| 3291 | + | person should have paid in connection with the certificate 111 SB 757 99 |
|---|
| 3292 | + | of ownership and registr ation of the vehicle. The 112 |
|---|
| 3293 | + | certificate shall be good for the life of the motor vehicle 113 |
|---|
| 3294 | + | or trailer so long as the same is owned or held by the 114 |
|---|
| 3295 | + | original holder of the certificate and shall not have to be 115 |
|---|
| 3296 | + | renewed annually. 116 |
|---|
| 3297 | + | 6. Any applicant for a cer tificate of ownership 117 |
|---|
| 3298 | + | requesting the department of revenue to process an 118 |
|---|
| 3299 | + | application for a certificate of ownership in an expeditious 119 |
|---|
| 3300 | + | manner requiring special handling shall pay a fee of five 120 |
|---|
| 3301 | + | dollars in addition to the regular certificate of ownership 121 |
|---|
| 3302 | + | fee. 122 |
|---|
| 3303 | + | 7. It is unlawful for any person to operate in this 123 |
|---|
| 3304 | + | state a motor vehicle or trailer required to be registered 124 |
|---|
| 3305 | + | under the provisions of the law unless a certificate of 125 |
|---|
| 3306 | + | ownership has been applied for as provided in this section. 126 |
|---|
| 3307 | + | 8. Before an original Missouri certificate of 127 |
|---|
| 3308 | + | ownership is issued, an inspection of the vehicle and a 128 |
|---|
| 3309 | + | verification of vehicle identification numbers shall be made 129 |
|---|
| 3310 | + | by the Missouri state highway patrol on vehicles for which 130 |
|---|
| 3311 | + | there is a current title issued by ano ther state if a 131 |
|---|
| 3312 | + | Missouri salvage certificate of title has been issued for 132 |
|---|
| 3313 | + | the same vehicle but no prior inspection and verification 133 |
|---|
| 3314 | + | has been made in this state, except that if such vehicle has 134 |
|---|
| 3315 | + | been inspected in another state by a law enforcement office r 135 |
|---|
| 3316 | + | in a manner comparable to the inspection process in this 136 |
|---|
| 3317 | + | state and the vehicle identification numbers have been so 137 |
|---|
| 3318 | + | verified, the applicant shall not be liable for the twenty - 138 |
|---|
| 3319 | + | five dollar inspection fee if such applicant submits proof 139 |
|---|
| 3320 | + | of inspection and vehicle identification number verification 140 |
|---|
| 3321 | + | to the director of revenue at the time of the application. 141 |
|---|
| 3322 | + | The applicant, who has such a title for a vehicle on which 142 |
|---|
| 3323 | + | no prior inspection and verification have been made, shall 143 SB 757 100 |
|---|
| 3324 | + | pay a fee of twenty-five dollars for such verification and 144 |
|---|
| 3325 | + | inspection, payable to the director of revenue at the time 145 |
|---|
| 3326 | + | of the request for the application, which shall be deposited 146 |
|---|
| 3327 | + | in the state treasury to the credit of the state highways 147 |
|---|
| 3328 | + | and transportation department fund. 148 |
|---|
| 3329 | + | 9. Each application for an original Missouri 149 |
|---|
| 3330 | + | certificate of ownership for a vehicle which is classified 150 |
|---|
| 3331 | + | as a reconstructed motor vehicle, specially constructed 151 |
|---|
| 3332 | + | motor vehicle, kit vehicle, motor change vehicle, non -USA- 152 |
|---|
| 3333 | + | std motor vehicle, or other vehicle as required by the 153 |
|---|
| 3334 | + | director of revenue shall be accompanied by a vehicle 154 |
|---|
| 3335 | + | examination certificate issued by the Missouri state highway 155 |
|---|
| 3336 | + | patrol, or other law enforcement agency as authorized by the 156 |
|---|
| 3337 | + | director of revenue. The vehicle examination shall inclu de 157 |
|---|
| 3338 | + | a verification of vehicle identification numbers and a 158 |
|---|
| 3339 | + | determination of the classification of the vehicle. The 159 |
|---|
| 3340 | + | owner of a vehicle which requires a vehicle examination 160 |
|---|
| 3341 | + | certificate shall present the vehicle for examination and 161 |
|---|
| 3342 | + | obtain a completed veh icle examination certificate prior to 162 |
|---|
| 3343 | + | submitting an application for a certificate of ownership to 163 |
|---|
| 3344 | + | the director of revenue. Notwithstanding any provision of 164 |
|---|
| 3345 | + | the law to the contrary, an owner presenting a motor vehicle 165 |
|---|
| 3346 | + | which has been issued a salvage ti tle and which is ten years 166 |
|---|
| 3347 | + | of age or older to a vehicle examination described in this 167 |
|---|
| 3348 | + | subsection in order to obtain a certificate of ownership 168 |
|---|
| 3349 | + | with the designation prior salvage motor vehicle shall not 169 |
|---|
| 3350 | + | be required to repair or restore the vehicle to it s original 170 |
|---|
| 3351 | + | appearance in order to pass or complete the vehicle 171 |
|---|
| 3352 | + | examination. The fee for the vehicle examination 172 |
|---|
| 3353 | + | application shall be twenty -five dollars and shall be 173 |
|---|
| 3354 | + | collected by the director of revenue at the time of the 174 |
|---|
| 3355 | + | request for the application and shall be deposited in the 175 SB 757 101 |
|---|
| 3356 | + | state treasury to the credit of the state highways and 176 |
|---|
| 3357 | + | transportation department fund. If the vehicle is also to 177 |
|---|
| 3358 | + | be registered in Missouri, the safety inspection required in 178 |
|---|
| 3359 | + | chapter 307 and the emissions inspection requir ed under 179 |
|---|
| 3360 | + | chapter 643 shall be completed and the fees required by 180 |
|---|
| 3361 | + | section 307.365 and section 643.315 shall be charged to the 181 |
|---|
| 3362 | + | owner. 182 |
|---|
| 3363 | + | 10. When an application is made for an original 183 |
|---|
| 3364 | + | Missouri certificate of ownership for a motor vehicle 184 |
|---|
| 3365 | + | previously registered or titled in a state other than 185 |
|---|
| 3366 | + | Missouri or as required by section 301.020, it shall be 186 |
|---|
| 3367 | + | accompanied by a current inspection form certified by a duly 187 |
|---|
| 3368 | + | authorized official inspection station as described in 188 |
|---|
| 3369 | + | chapter 307. The completed form shal l certify that the 189 |
|---|
| 3370 | + | manufacturer's identification number for the vehicle has 190 |
|---|
| 3371 | + | been inspected, that it is correctly displayed on the 191 |
|---|
| 3372 | + | vehicle and shall certify the reading shown on the odometer 192 |
|---|
| 3373 | + | at the time of inspection. The inspection station shall 193 |
|---|
| 3374 | + | collect the same fee as authorized in section 307.365 for 194 |
|---|
| 3375 | + | making the inspection, and the fee shall be deposited in the 195 |
|---|
| 3376 | + | same manner as provided in section 307.365. If the vehicle 196 |
|---|
| 3377 | + | is also to be registered in Missouri, the safety inspection 197 |
|---|
| 3378 | + | required in chapter 307 and the emissions inspection 198 |
|---|
| 3379 | + | required under chapter 643 shall be completed and only the 199 |
|---|
| 3380 | + | fees required by section 307.365 and section 643.315 shall 200 |
|---|
| 3381 | + | be charged to the owner. This section shall not apply to 201 |
|---|
| 3382 | + | vehicles being transferred on a manufact urer's statement of 202 |
|---|
| 3383 | + | origin. 203 |
|---|
| 3384 | + | 11. Motor vehicles brought into this state in a 204 |
|---|
| 3385 | + | wrecked or damaged condition or after being towed as an 205 |
|---|
| 3386 | + | abandoned vehicle pursuant to another state's abandoned 206 |
|---|
| 3387 | + | motor vehicle procedures shall, in lieu of the inspection 207 SB 757 102 |
|---|
| 3388 | + | required by subsection 10 of this section, be inspected by 208 |
|---|
| 3389 | + | the Missouri state highway patrol in accordance with 209 |
|---|
| 3390 | + | subsection 9 of this section. If the inspection reveals the 210 |
|---|
| 3391 | + | vehicle to be in a salvage or junk condition, the director 211 |
|---|
| 3392 | + | shall so indicate on any Missouri certificate of ownership 212 |
|---|
| 3393 | + | issued for such vehicle. Any salvage designation shall be 213 |
|---|
| 3394 | + | carried forward on all subsequently issued certificates of 214 |
|---|
| 3395 | + | title for the motor vehicle. 215 |
|---|
| 3396 | + | 12. When an application is made for an original 216 |
|---|
| 3397 | + | Missouri certificate of ownership for a motor vehicle 217 |
|---|
| 3398 | + | previously registered or titled in a state other than 218 |
|---|
| 3399 | + | Missouri, and the certificate of ownership has been 219 |
|---|
| 3400 | + | appropriately designated by the issuing state as a 220 |
|---|
| 3401 | + | reconstructed motor vehicle, motor change vehicle, s pecially 221 |
|---|
| 3402 | + | constructed motor vehicle, or prior salvage vehicle, the 222 |
|---|
| 3403 | + | director of revenue shall appropriately designate on the 223 |
|---|
| 3404 | + | current Missouri and all subsequent issues of the 224 |
|---|
| 3405 | + | certificate of ownership the name of the issuing state and 225 |
|---|
| 3406 | + | such prior designation. The absence of any prior 226 |
|---|
| 3407 | + | designation shall not relieve a transferor of the duty to 227 |
|---|
| 3408 | + | exercise due diligence with regard to such certificate of 228 |
|---|
| 3409 | + | ownership prior to the transfer of a certificate. If a 229 |
|---|
| 3410 | + | transferor exercises any due diligence with regar d to a 230 |
|---|
| 3411 | + | certificate of ownership, the legal transfer of a 231 |
|---|
| 3412 | + | certificate of ownership without any designation that is 232 |
|---|
| 3413 | + | subsequently discovered to have or should have had a 233 |
|---|
| 3414 | + | designation shall be a transfer free and clear of any 234 |
|---|
| 3415 | + | liabilities of the transferor associated with the missing 235 |
|---|
| 3416 | + | designation. 236 |
|---|
| 3417 | + | 13. When an application is made for an original 237 |
|---|
| 3418 | + | Missouri certificate of ownership for a motor vehicle 238 |
|---|
| 3419 | + | previously registered or titled in a state other than 239 SB 757 103 |
|---|
| 3420 | + | Missouri, and the certificate of ownership has be en 240 |
|---|
| 3421 | + | appropriately designated by the issuing state as non -USA-std 241 |
|---|
| 3422 | + | motor vehicle, the director of revenue shall appropriately 242 |
|---|
| 3423 | + | designate on the current Missouri and all subsequent issues 243 |
|---|
| 3424 | + | of the certificate of ownership the words "Non -USA-Std Motor 244 |
|---|
| 3425 | + | Vehicle". 245 |
|---|
| 3426 | + | 14. The director of revenue and the superintendent of 246 |
|---|
| 3427 | + | the Missouri state highway patrol shall make and enforce 247 |
|---|
| 3428 | + | rules for the administration of the inspections required by 248 |
|---|
| 3429 | + | this section. 249 |
|---|
| 3430 | + | 15. Each application for an original Missouri 250 |
|---|
| 3431 | + | certificate of ownership for a vehicle which is classified 251 |
|---|
| 3432 | + | as a reconstructed motor vehicle, manufactured forty or more 252 |
|---|
| 3433 | + | years prior to the current model year, and which has a value 253 |
|---|
| 3434 | + | of three thousand dollars or less shall be accompanied by: 254 |
|---|
| 3435 | + | (1) A proper affidavit submitted by the owner 255 |
|---|
| 3436 | + | explaining how the motor vehicle or trailer was acquired 256 |
|---|
| 3437 | + | and, if applicable, the reasons a valid certificate of 257 |
|---|
| 3438 | + | ownership cannot be furnished; 258 |
|---|
| 3439 | + | (2) Photocopies of receipts, bills of sale 259 |
|---|
| 3440 | + | establishing ownership, or titles, and the source of all 260 |
|---|
| 3441 | + | major component parts used to rebuild the vehicle; 261 |
|---|
| 3442 | + | (3) A fee of one hundred fifty dollars in addition to 262 |
|---|
| 3443 | + | the fees described in subsection 5 of this section. Such 263 |
|---|
| 3444 | + | fee shall be deposited in the state treasury to the cr edit 264 |
|---|
| 3445 | + | of the state highways and transportation department fund; and 265 |
|---|
| 3446 | + | (4) An inspection certificate, other than a motor 266 |
|---|
| 3447 | + | vehicle examination certificate required under subsection 9 267 |
|---|
| 3448 | + | of this section, completed and issued by the Missouri state 268 |
|---|
| 3449 | + | highway patrol, or other law enforcement agency as 269 |
|---|
| 3450 | + | authorized by the director of revenue. The inspection 270 |
|---|
| 3451 | + | performed by the highway patrol or other authorized local 271 SB 757 104 |
|---|
| 3452 | + | law enforcement agency shall include a check for stolen 272 |
|---|
| 3453 | + | vehicles. 273 |
|---|
| 3454 | + | The department of revenue shall issue the owner a 274 |
|---|
| 3455 | + | certificate of ownership designated with the words 275 |
|---|
| 3456 | + | "Reconstructed Motor Vehicle" and deliver such certificate 276 |
|---|
| 3457 | + | of ownership in accordance with the provisions of this 277 |
|---|
| 3458 | + | chapter. Notwithstanding subsection 9 of this section, no 278 |
|---|
| 3459 | + | owner of a reconstructed motor vehicle described in this 279 |
|---|
| 3460 | + | subsection shall be required to obtain a vehicle examination 280 |
|---|
| 3461 | + | certificate issued by the Missouri state highway patrol. 281 |
|---|
| 3462 | + | 301.562. 1. The department may refuse to issue or 1 |
|---|
| 3463 | + | renew any license required pursuant to sections 301.550 to 2 |
|---|
| 3464 | + | 301.580 for any one or any combination of causes stated in 3 |
|---|
| 3465 | + | subsection 2 of this section. The department shall notify 4 |
|---|
| 3466 | + | the applicant or licensee in writing at his or her last 5 |
|---|
| 3467 | + | known address of the reasons for t he refusal to issue or 6 |
|---|
| 3468 | + | renew the license and shall advise the applicant or licensee 7 |
|---|
| 3469 | + | of his or her right to file a complaint with the 8 |
|---|
| 3470 | + | administrative hearing commission as provided by chapter 621. 9 |
|---|
| 3471 | + | 2. The department may cause a complaint to be filed 10 |
|---|
| 3472 | + | with the administrative hearing commission as provided by 11 |
|---|
| 3473 | + | chapter 621 against any holder of any license issued under 12 |
|---|
| 3474 | + | sections 301.550 to 301.580 for any one or any combination 13 |
|---|
| 3475 | + | of the following causes: 14 |
|---|
| 3476 | + | (1) The applicant or license holder was previ ously the 15 |
|---|
| 3477 | + | holder of a license issued under sections 301.550 to 16 |
|---|
| 3478 | + | 301.580, which license was revoked for cause and never 17 |
|---|
| 3479 | + | reissued by the department, or which license was suspended 18 |
|---|
| 3480 | + | for cause and the terms of suspension have not been 19 |
|---|
| 3481 | + | fulfilled; 20 SB 757 105 |
|---|
| 3482 | + | (2) The applicant or license holder was previously a 21 |
|---|
| 3483 | + | partner, stockholder, director or officer controlling or 22 |
|---|
| 3484 | + | managing a partnership or corporation whose license issued 23 |
|---|
| 3485 | + | under sections 301.550 to 301.580 was revoked for cause and 24 |
|---|
| 3486 | + | never reissued or was suspen ded for cause and the terms of 25 |
|---|
| 3487 | + | suspension have not been fulfilled; 26 |
|---|
| 3488 | + | (3) The applicant or license holder has, within ten 27 |
|---|
| 3489 | + | years prior to the date of the application, been finally 28 |
|---|
| 3490 | + | adjudicated and found guilty, or entered a plea of guilty or 29 |
|---|
| 3491 | + | nolo contendere, in a prosecution under the laws of any 30 |
|---|
| 3492 | + | state or of the United States, for any offense reasonably 31 |
|---|
| 3493 | + | related to the qualifications, functions, or duties of any 32 |
|---|
| 3494 | + | business licensed under sections 301.550 to 301.580; for any 33 |
|---|
| 3495 | + | offense, an essential eleme nt of which is fraud, dishonesty, 34 |
|---|
| 3496 | + | or an act of violence; or for any offense involving moral 35 |
|---|
| 3497 | + | turpitude, whether or not sentence is imposed; 36 |
|---|
| 3498 | + | (4) Use of fraud, deception, misrepresentation, or 37 |
|---|
| 3499 | + | bribery in securing any license issued pursuant to sectio ns 38 |
|---|
| 3500 | + | 301.550 to 301.580; 39 |
|---|
| 3501 | + | (5) Obtaining or attempting to obtain any money, 40 |
|---|
| 3502 | + | commission, fee, barter, exchange, or other compensation by 41 |
|---|
| 3503 | + | fraud, deception, or misrepresentation; 42 |
|---|
| 3504 | + | (6) Violation of, or assisting or enabling any person 43 |
|---|
| 3505 | + | to violate any provisions of this chapter and chapters 143, 44 |
|---|
| 3506 | + | 144, 306, 307, 407, 578, and 643 or of any lawful rule or 45 |
|---|
| 3507 | + | regulation adopted pursuant to this chapter and chapters 46 |
|---|
| 3508 | + | 143, 144, 306, 307, 407, 578, and 643; 47 |
|---|
| 3509 | + | (7) The applicant or license holder has filed a n 48 |
|---|
| 3510 | + | application for a license which, as of its effective date, 49 |
|---|
| 3511 | + | was incomplete in any material respect or contained any 50 |
|---|
| 3512 | + | statement which was, in light of the circumstances under 51 SB 757 106 |
|---|
| 3513 | + | which it was made, false or misleading with respect to any 52 |
|---|
| 3514 | + | material fact; 53 |
|---|
| 3515 | + | (8) The applicant or license holder has failed to pay 54 |
|---|
| 3516 | + | the proper application or license fee or other fees required 55 |
|---|
| 3517 | + | pursuant to this chapter or chapter 306 or fails to 56 |
|---|
| 3518 | + | establish or maintain a bona fide place of business; 57 |
|---|
| 3519 | + | (9) Uses or permits the use of any special license or 58 |
|---|
| 3520 | + | license plate assigned to the license holder for any purpose 59 |
|---|
| 3521 | + | other than those permitted by law; 60 |
|---|
| 3522 | + | (10) The applicant or license holder is finally 61 |
|---|
| 3523 | + | adjudged insane or incompetent by a court of competent 62 |
|---|
| 3524 | + | jurisdiction; 63 |
|---|
| 3525 | + | (11) Use of any advertisement or solicitation which is 64 |
|---|
| 3526 | + | false; 65 |
|---|
| 3527 | + | (12) Violations of sections 407.511 to 407.556, 66 |
|---|
| 3528 | + | section 578.120, which resulted in a conviction or finding 67 |
|---|
| 3529 | + | of guilt or violation of any federal motor vehicle laws 68 |
|---|
| 3530 | + | which result in a conviction or finding of guilt. 69 |
|---|
| 3531 | + | 3. Any such complaint shall be filed within one year 70 |
|---|
| 3532 | + | of the date upon which the department receives notice of an 71 |
|---|
| 3533 | + | alleged violation of an applicable statute or regulation. 72 |
|---|
| 3534 | + | After the filing of such complaint, the pro ceedings shall, 73 |
|---|
| 3535 | + | except for the matters set forth in subsection 5 of this 74 |
|---|
| 3536 | + | section, be conducted in accordance with the provisions of 75 |
|---|
| 3537 | + | chapter 621. Upon a finding by the administrative hearing 76 |
|---|
| 3538 | + | commission that the grounds, provided in subsection 2 of 77 |
|---|
| 3539 | + | this section, for disciplinary action are met, the 78 |
|---|
| 3540 | + | department may, singly or in combination, refuse to issue 79 |
|---|
| 3541 | + | the person a license, issue a license for a period of less 80 |
|---|
| 3542 | + | than two years, issue a private reprimand, place the person 81 |
|---|
| 3543 | + | on probation on such terms and conditions as the department 82 |
|---|
| 3544 | + | deems appropriate for a period of one day to five years, 83 SB 757 107 |
|---|
| 3545 | + | suspend the person's license from one day to six days, or 84 |
|---|
| 3546 | + | revoke the person's license for such period as the 85 |
|---|
| 3547 | + | department deems appropriate. The applicant or licen see 86 |
|---|
| 3548 | + | shall have the right to appeal the decision of the 87 |
|---|
| 3549 | + | administrative hearing commission and department in the 88 |
|---|
| 3550 | + | manner provided in chapter 536. 89 |
|---|
| 3551 | + | 4. Upon the suspension or revocation of any person's 90 |
|---|
| 3552 | + | license issued under sections 301.550 to 301.580, the 91 |
|---|
| 3553 | + | department shall recall any distinctive number plates that 92 |
|---|
| 3554 | + | were issued to that licensee. If any licensee who has been 93 |
|---|
| 3555 | + | suspended or revoked shall neglect or refuse to surrender 94 |
|---|
| 3556 | + | his or her license or distinctive number license plates 95 |
|---|
| 3557 | + | issued under sections 301.550 to 301.580, the director shall 96 |
|---|
| 3558 | + | direct any agent or employee of the department or any law 97 |
|---|
| 3559 | + | enforcement officer, to secure possession thereof and return 98 |
|---|
| 3560 | + | such items to the director. For purposes of this 99 |
|---|
| 3561 | + | subsection, a "law enforcement offic er" means any member of 100 |
|---|
| 3562 | + | the highway patrol, any sheriff or deputy sheriff, or any 101 |
|---|
| 3563 | + | peace officer certified under chapter 590 acting in his or 102 |
|---|
| 3564 | + | her official capacity. Failure of the licensee to surrender 103 |
|---|
| 3565 | + | his or her license or distinctive number license p lates upon 104 |
|---|
| 3566 | + | demand by the director, any agent or employee of the 105 |
|---|
| 3567 | + | department, or any law enforcement officer shall be a class 106 |
|---|
| 3568 | + | A misdemeanor. 107 |
|---|
| 3569 | + | 5. Notwithstanding the foregoing provisions of this 108 |
|---|
| 3570 | + | section, the following events or acts by the holder of any 109 |
|---|
| 3571 | + | license issued under sections 301.550 to 301.580 are deemed 110 |
|---|
| 3572 | + | to present a clear and present danger to the public welfare 111 |
|---|
| 3573 | + | and shall be considered cause for suspension or revocation 112 |
|---|
| 3574 | + | of such license under the procedure set forth in subsection 113 |
|---|
| 3575 | + | 6 of this section, at the discretion of the director: 114 SB 757 108 |
|---|
| 3576 | + | (1) The expiration or revocation of any corporate 115 |
|---|
| 3577 | + | surety bond or irrevocable letter of credit, as required by 116 |
|---|
| 3578 | + | section 301.560, without submission of a replacement bond or 117 |
|---|
| 3579 | + | letter of credit which provide s coverage for the entire 118 |
|---|
| 3580 | + | period of licensure; 119 |
|---|
| 3581 | + | (2) The failure to maintain a bona fide established 120 |
|---|
| 3582 | + | place of business as required by section 301.560; 121 |
|---|
| 3583 | + | (3) Criminal convictions as set forth in subdivision 122 |
|---|
| 3584 | + | (3) of subsection 2 of this section; or 123 |
|---|
| 3585 | + | (4) Three or more occurrences of violations which have 124 |
|---|
| 3586 | + | been established following proceedings before the 125 |
|---|
| 3587 | + | administrative hearing commission under subsection 3 of this 126 |
|---|
| 3588 | + | section, or which have been established following 127 |
|---|
| 3589 | + | proceedings before the direct or under subsection 6 of this 128 |
|---|
| 3590 | + | section, of this chapter and chapters 143, 144, 306, 307, 129 |
|---|
| 3591 | + | 578, and 643 or of any lawful rule or regulation adopted 130 |
|---|
| 3592 | + | under this chapter and chapters 143, 144, 306, 307, 578, and 131 |
|---|
| 3593 | + | 643, not previously set forth herein. 132 |
|---|
| 3594 | + | 6. (1) Any license issued under sections 301.550 to 133 |
|---|
| 3595 | + | 301.580 may be suspended or revoked, following an 134 |
|---|
| 3596 | + | evidentiary hearing before the director or his or her 135 |
|---|
| 3597 | + | designated hearing officer, if affidavits or sworn testimony 136 |
|---|
| 3598 | + | by an authorized agent of the depart ment alleges the 137 |
|---|
| 3599 | + | occurrence of any of the events or acts described in 138 |
|---|
| 3600 | + | subsection 5 of this section. 139 |
|---|
| 3601 | + | (2) For any license which the department believes may 140 |
|---|
| 3602 | + | be subject to suspension or revocation under this 141 |
|---|
| 3603 | + | subsection, the director shall immediately issue a notice of 142 |
|---|
| 3604 | + | hearing to the licensee of record. The director's notice of 143 |
|---|
| 3605 | + | hearing: 144 SB 757 109 |
|---|
| 3606 | + | (a) Shall be served upon the licensee personally or by 145 |
|---|
| 3607 | + | first class mail to the dealer's last known address, as 146 |
|---|
| 3608 | + | registered with the director; 147 |
|---|
| 3609 | + | (b) Shall be based on affidavits or sworn testimony 148 |
|---|
| 3610 | + | presented to the director, and shall notify the licensee 149 |
|---|
| 3611 | + | that such information presented therein constitutes cause to 150 |
|---|
| 3612 | + | suspend or revoke the licensee's license; 151 |
|---|
| 3613 | + | (c) Shall provide the licensee with a minimum of ten 152 |
|---|
| 3614 | + | days' notice prior to hearing; 153 |
|---|
| 3615 | + | (d) Shall specify the events or acts which may provide 154 |
|---|
| 3616 | + | cause for suspension or revocation of the license, and shall 155 |
|---|
| 3617 | + | include with the notice a copy of all affidavits, sworn 156 |
|---|
| 3618 | + | testimony or other information pres ented to the director 157 |
|---|
| 3619 | + | which support discipline of the license; and 158 |
|---|
| 3620 | + | (e) Shall inform the licensee that he or she has the 159 |
|---|
| 3621 | + | right to attend the hearing and present any evidence in his 160 |
|---|
| 3622 | + | or her defense, including evidence to show that the event or 161 |
|---|
| 3623 | + | act which may result in suspension or revocation has been 162 |
|---|
| 3624 | + | corrected to the director's satisfaction, and that he or she 163 |
|---|
| 3625 | + | may be represented by counsel at the hearing. 164 |
|---|
| 3626 | + | (3) At any hearing before the director conducted under 165 |
|---|
| 3627 | + | this subsection, the director or his or her designated 166 |
|---|
| 3628 | + | hearing officer shall consider all evidence relevant to the 167 |
|---|
| 3629 | + | issue of whether the license should be suspended or revoked 168 |
|---|
| 3630 | + | due to the occurrence of any of the acts set forth in 169 |
|---|
| 3631 | + | subsection 5 herein. Within twenty business days after such 170 |
|---|
| 3632 | + | hearing, the director or his or her designated hearing 171 |
|---|
| 3633 | + | officer shall issue a written order, with findings of fact 172 |
|---|
| 3634 | + | and conclusions of law, which either grants or denies the 173 |
|---|
| 3635 | + | issuance of an order of suspension or revocation. The 174 |
|---|
| 3636 | + | suspension or revocation shall be effective ten days after 175 |
|---|
| 3637 | + | the date of the order. The written order of the director or 176 SB 757 110 |
|---|
| 3638 | + | his or her hearing officer shall be the final decision of 177 |
|---|
| 3639 | + | the director and shall be subject to judicial review under 178 |
|---|
| 3640 | + | the provisions of chapter 536. 179 |
|---|
| 3641 | + | (4) Notwithstanding the provisions of this chapter or 180 |
|---|
| 3642 | + | chapter 610 or 621 to the contrary, the proceedings under 181 |
|---|
| 3643 | + | this subsection shall be closed and no order shall be made 182 |
|---|
| 3644 | + | public until it is final, for purposes of appeal. 183 |
|---|
| 3645 | + | 7. In lieu of acting under subsection 2 or 6 of this 184 |
|---|
| 3646 | + | section, the department of revenue may enter into an 185 |
|---|
| 3647 | + | agreement with the holder of the license to ensure future 186 |
|---|
| 3648 | + | compliance with sections 301.210, [301.213,] 307.380, 187 |
|---|
| 3649 | + | sections 301.217 to 301.229, and sections 301.550 to 188 |
|---|
| 3650 | + | 301.580. Such agreement may include an assessment fee not 189 |
|---|
| 3651 | + | to exceed five hundred dollars per violation or five 190 |
|---|
| 3652 | + | thousand dollars in the aggregate unless otherwise permitted 191 |
|---|
| 3653 | + | by law, probation terms and conditions, and other 192 |
|---|
| 3654 | + | requirements as may be deemed a ppropriate by the department 193 |
|---|
| 3655 | + | of revenue and the holder of the license. Any fees 194 |
|---|
| 3656 | + | collected by the department of revenue under this subsection 195 |
|---|
| 3657 | + | shall be deposited into the motor vehicle commission fund 196 |
|---|
| 3658 | + | created in section 301.560. 197 |
|---|
| 3659 | + | 313.270. 1. The director, pursuant to rules and 1 |
|---|
| 3660 | + | regulations issued by the commission, may directly purchase 2 |
|---|
| 3661 | + | or lease such goods or services as are necessary for 3 |
|---|
| 3662 | + | effectuating the purposes of sections 313.200 to 313.350, 4 |
|---|
| 3663 | + | including procurements which integra te functions such as 5 |
|---|
| 3664 | + | lottery game design, supply of goods and services, and 6 |
|---|
| 3665 | + | advertising. The lottery commission by approved rule may 7 |
|---|
| 3666 | + | purchase goods made in the United States and sold by a 8 |
|---|
| 3667 | + | Missouri business to be given away as prizes within the 9 |
|---|
| 3668 | + | provisions of section 313.321. Contracts shall be awarded 10 |
|---|
| 3669 | + | to lottery contractors or lottery vendors on the basis of 11 SB 757 111 |
|---|
| 3670 | + | lowest and best bid on an evaluated basis in order to 12 |
|---|
| 3671 | + | maximize revenues to the lottery fund. The director may 13 |
|---|
| 3672 | + | also utilize state purchasing procedures. [The director 14 |
|---|
| 3673 | + | shall award at least ten percent of the aggregate dollar 15 |
|---|
| 3674 | + | amount of all contracts to provide goods and services to the 16 |
|---|
| 3675 | + | lottery to minority business enterprises as defined by the 17 |
|---|
| 3676 | + | office of administration and shall award at leas t five 18 |
|---|
| 3677 | + | percent of the aggregate dollar amount of all contracts to 19 |
|---|
| 3678 | + | provide goods and services to the lottery to women business 20 |
|---|
| 3679 | + | enterprises as defined by the office of administration. ] No 21 |
|---|
| 3680 | + | contract awarded or entered into by the director may be 22 |
|---|
| 3681 | + | assigned by the holder thereof except by specific approval 23 |
|---|
| 3682 | + | of the commission. 24 |
|---|
| 3683 | + | 2. [Any contract awarded to any lottery contractor or 25 |
|---|
| 3684 | + | vendor shall provide that such contractor or vendor shall 26 |
|---|
| 3685 | + | award a minimum of ten percent of his subcontracted business 27 |
|---|
| 3686 | + | to minority business enterprises as defined by the office of 28 |
|---|
| 3687 | + | administration and shall award a minimum of five percent of 29 |
|---|
| 3688 | + | his subcontracted business to women business enterprises as 30 |
|---|
| 3689 | + | defined by the office of administration. This section shall 31 |
|---|
| 3690 | + | not apply to multistate lottery. 32 |
|---|
| 3691 | + | 3.] Any lottery vendor which enters into a contract to 33 |
|---|
| 3692 | + | supply lottery materials, services or equipment for use in 34 |
|---|
| 3693 | + | the operation of the state lottery shall first disclose such 35 |
|---|
| 3694 | + | information as the commission may require, by rule a nd 36 |
|---|
| 3695 | + | regulation, concerning the selection of lottery vendors. 37 |
|---|
| 3696 | + | [4.] 3. The costs of any investigation into the 38 |
|---|
| 3697 | + | background of the applicant seeking a contract shall be 39 |
|---|
| 3698 | + | assessed against the applicant and shall be paid by the 40 |
|---|
| 3699 | + | applicant at the time of billing by the state. 41 |
|---|
| 3700 | + | [5.] 4. Performance bonds shall be posted by each 42 |
|---|
| 3701 | + | contractor with the commission with a surety acceptable to 43 SB 757 112 |
|---|
| 3702 | + | the commission in an amount as may be required by the 44 |
|---|
| 3703 | + | commission, but not to exceed the expected total value of 45 |
|---|
| 3704 | + | the contract. The contract of any lottery contractor who 46 |
|---|
| 3705 | + | does not comply with such requirements may be terminated by 47 |
|---|
| 3706 | + | the commission. The commission may terminate the contract 48 |
|---|
| 3707 | + | of any lottery vendor who: 49 |
|---|
| 3708 | + | (1) Is convicted of any felony; 50 |
|---|
| 3709 | + | (2) Is convicted of any gambling -related offense; 51 |
|---|
| 3710 | + | (3) Is convicted of any crime involving fraud or 52 |
|---|
| 3711 | + | misrepresentation; 53 |
|---|
| 3712 | + | (4) Fails to comply with the rules and regulations of 54 |
|---|
| 3713 | + | the commission existing at the time the contract was entered 55 |
|---|
| 3714 | + | into; or 56 |
|---|
| 3715 | + | (5) Fails to periodically update any disclosure 57 |
|---|
| 3716 | + | requirements. 58 |
|---|
| 3717 | + | [6. The provisions in this section requiring that 59 |
|---|
| 3718 | + | certain percentages of lottery contracts and subcontracts be 60 |
|---|
| 3719 | + | awarded to businesses owned and controlled by women or 61 |
|---|
| 3720 | + | ethnic and racial mi norities shall expire on January 1, 62 |
|---|
| 3721 | + | 2005.] 63 |
|---|
| 3722 | + | 320.092. 1. Tax credits issued pursuant to sections 1 |
|---|
| 3723 | + | 135.400[,] and 135.750 [and 320.093] shall be subject to 2 |
|---|
| 3724 | + | oversight provisions. Effective January 1, 2000, 3 |
|---|
| 3725 | + | notwithstanding the provision s of section 32.057, the board, 4 |
|---|
| 3726 | + | department or authority issuing tax credits shall annually 5 |
|---|
| 3727 | + | report to the office of administration, president pro tem of 6 |
|---|
| 3728 | + | the senate, and the speaker of the house of representatives 7 |
|---|
| 3729 | + | regarding the tax credits issued pursuan t to sections 8 |
|---|
| 3730 | + | 135.400[,] and 135.750 [and 320.093] which were issued in 9 |
|---|
| 3731 | + | the previous fiscal year. The report shall contain, but not 10 |
|---|
| 3732 | + | be limited to, the aggregate number and dollar amount of tax 11 |
|---|
| 3733 | + | credits issued by the board, department or authority, the 12 SB 757 113 |
|---|
| 3734 | + | number and dollar amount of tax credits claimed by 13 |
|---|
| 3735 | + | taxpayers, and the number and dollar amount of tax credits 14 |
|---|
| 3736 | + | unclaimed by taxpayers as well as the number of years 15 |
|---|
| 3737 | + | allowed for claims to be made. This report shall be 16 |
|---|
| 3738 | + | delivered no later than November o f each year. 17 |
|---|
| 3739 | + | 2. The reporting requirements established pursuant to 18 |
|---|
| 3740 | + | subsection 1 of this section shall also apply to the 19 |
|---|
| 3741 | + | department of economic development and the Missouri 20 |
|---|
| 3742 | + | development finance board established pursuant to section 21 |
|---|
| 3743 | + | 100.265. The department and the Missouri development 22 |
|---|
| 3744 | + | finance board shall report on the tax credit programs which 23 |
|---|
| 3745 | + | they respectively administer that are authorized under the 24 |
|---|
| 3746 | + | provisions of chapters 32, 100, 135, 178, 253, 348, 447 and 25 |
|---|
| 3747 | + | 620. 26 |
|---|
| 3748 | + | 394.120. 1. No person shall become a member of a 1 |
|---|
| 3749 | + | cooperative unless such person shall agree to use electric 2 |
|---|
| 3750 | + | energy furnished by the cooperative when such electric 3 |
|---|
| 3751 | + | energy shall be available through its facilities. The 4 |
|---|
| 3752 | + | bylaws of a cooperative may provide that an y person, 5 |
|---|
| 3753 | + | including an incorporator, shall cease to be a member 6 |
|---|
| 3754 | + | thereof if he or she shall fail or refuse to use electric 7 |
|---|
| 3755 | + | energy made available by the cooperative or if electric 8 |
|---|
| 3756 | + | energy shall not be made available to such person by the 9 |
|---|
| 3757 | + | cooperative within a specified time after such person shall 10 |
|---|
| 3758 | + | have become a member thereof. Membership in the cooperative 11 |
|---|
| 3759 | + | shall not be transferable, except as provided in the 12 |
|---|
| 3760 | + | bylaws. The bylaws may prescribe additional qualifications 13 |
|---|
| 3761 | + | and limitations in respect of memb ership. 14 |
|---|
| 3762 | + | 2. An annual meeting of the members shall be held at 15 |
|---|
| 3763 | + | such time as shall be provided in the bylaws. 16 SB 757 114 |
|---|
| 3764 | + | 3. Special meetings of the members may be called by 17 |
|---|
| 3765 | + | the board of directors, by any three directors, by not less 18 |
|---|
| 3766 | + | than ten percent of th e members, or by the president. 19 |
|---|
| 3767 | + | 4. Meetings of members shall be held at such place as 20 |
|---|
| 3768 | + | may be provided in the bylaws. In the absence of any such 21 |
|---|
| 3769 | + | provisions, all meetings shall be held in the city or town 22 |
|---|
| 3770 | + | in which the principal office of the cooper ative is located. 23 |
|---|
| 3771 | + | 5. Except as herein otherwise provided, written or 24 |
|---|
| 3772 | + | printed notice stating the time and place of each meeting of 25 |
|---|
| 3773 | + | members and, in the case of a special meeting, the purpose 26 |
|---|
| 3774 | + | or purposes for which the meeting is called, shall be give n 27 |
|---|
| 3775 | + | to each member, either personally or by mail, not less than 28 |
|---|
| 3776 | + | ten nor more than twenty -five days before the date of the 29 |
|---|
| 3777 | + | meeting. 30 |
|---|
| 3778 | + | 6. Two percent of the first two thousand members and 31 |
|---|
| 3779 | + | one percent of the remaining members, present in person, or 32 |
|---|
| 3780 | + | if the bylaws so provide, participating electronically or by 33 |
|---|
| 3781 | + | mail, shall constitute a quorum for the transaction of 34 |
|---|
| 3782 | + | business at all meetings of the members, unless the bylaws 35 |
|---|
| 3783 | + | prescribe the presence of a greater percentage of the 36 |
|---|
| 3784 | + | members for a quorum. If less than a quorum is present at 37 |
|---|
| 3785 | + | any meeting, a majority of those present in person may 38 |
|---|
| 3786 | + | adjourn the meeting from time to time without further notice. 39 |
|---|
| 3787 | + | 7. Each member shall be entitled to one vote on each 40 |
|---|
| 3788 | + | matter submitted to a vote at a meeting. Voting shall be in 41 |
|---|
| 3789 | + | person, but, if the bylaws so provide, may also be by proxy, 42 |
|---|
| 3790 | + | by electronic means, by mail, or any combination thereof. 43 |
|---|
| 3791 | + | If the bylaws provide for voting by proxy, by electronic 44 |
|---|
| 3792 | + | means, or by mail, they shall also prescribe the condition s 45 |
|---|
| 3793 | + | under which proxy, electronic, or mail voting shall be 46 |
|---|
| 3794 | + | exercised. In any event, no person shall vote as proxy for 47 |
|---|
| 3795 | + | more than two members at any meeting of the members. 48 SB 757 115 |
|---|
| 3796 | + | [8. Notwithstanding the provisions of subsections 2 49 |
|---|
| 3797 | + | and 7 of this section, t he board of directors shall have the 50 |
|---|
| 3798 | + | power to set the time and place of the annual meeting and 51 |
|---|
| 3799 | + | also to provide for voting by proxy, electronic means, by 52 |
|---|
| 3800 | + | mail, or any combination thereof, and to prescribe the 53 |
|---|
| 3801 | + | conditions under which such voting shall be exercised. The 54 |
|---|
| 3802 | + | meeting requirement provided in this section may be 55 |
|---|
| 3803 | + | satisfied through virtual means. The provisions of this 56 |
|---|
| 3804 | + | subsection shall expire on August 28, 2022. ] 57 |
|---|
| 3805 | + | 414.407. 1. As used in this section, the following 1 |
|---|
| 3806 | + | terms mean: 2 |
|---|
| 3807 | + | (1) "B-20", a blend of twenty percent by volume 3 |
|---|
| 3808 | + | biodiesel fuel and eighty percent by volume petroleum -based 4 |
|---|
| 3809 | + | diesel fuel; 5 |
|---|
| 3810 | + | (2) "Biodiesel", fuel as defined in ASTM Standard 6 |
|---|
| 3811 | + | PS121; 7 |
|---|
| 3812 | + | (3) "EPAct", the federal Energy Policy Act, 42 U.S.C. 8 |
|---|
| 3813 | + | 13201, et seq.; 9 |
|---|
| 3814 | + | (4) "EPAct credit", a credit issued pursuant to EPAct; 10 |
|---|
| 3815 | + | (5) "Fund", the biodiesel fuel revolving fund; 11 |
|---|
| 3816 | + | (6) "Incremental cost", the difference in cost between 12 |
|---|
| 3817 | + | biodiesel fuel and conventional petroleum -based diesel fuel 13 |
|---|
| 3818 | + | at the time the biodiesel fuel is purchased. 14 |
|---|
| 3819 | + | 2. The department, in cooperation with the department 15 |
|---|
| 3820 | + | of agriculture, shall establish and administer an EPAct 16 |
|---|
| 3821 | + | credit banking and selling program to allow state agencies 17 |
|---|
| 3822 | + | to use moneys generated by the sale of EPAct credits to 18 |
|---|
| 3823 | + | purchase biodiesel fuel for use in state vehicles. Each 19 |
|---|
| 3824 | + | state agency shall provide the department with all vehicle 20 |
|---|
| 3825 | + | fleet information necessary to determine the number of EPAct 21 |
|---|
| 3826 | + | credits generated by the agency. The department may se ll 22 |
|---|
| 3827 | + | credits in any manner pursuant to the provisions of EPAct. 23 SB 757 116 |
|---|
| 3828 | + | 3. There is hereby created in the state treasury the 24 |
|---|
| 3829 | + | "Biodiesel Fuel Revolving Fund", into which shall be 25 |
|---|
| 3830 | + | deposited moneys received from the sale of EPAct credits 26 |
|---|
| 3831 | + | banked by state agenc ies on August 28, 2001, and in future 27 |
|---|
| 3832 | + | reporting years, any moneys appropriated to the fund by the 28 |
|---|
| 3833 | + | general assembly, and any other moneys obtained or accepted 29 |
|---|
| 3834 | + | by the department for deposit into the fund. The fund shall 30 |
|---|
| 3835 | + | be managed to maximize benefits t o the state in the purchase 31 |
|---|
| 3836 | + | of biodiesel fuel and, when possible, to accrue those 32 |
|---|
| 3837 | + | benefits to state agencies in proportion to the number of 33 |
|---|
| 3838 | + | EPAct credits generated by each respective agency. 34 |
|---|
| 3839 | + | 4. Moneys deposited into the fund shall be used to pay 35 |
|---|
| 3840 | + | for the incremental cost of biodiesel fuel with a minimum 36 |
|---|
| 3841 | + | biodiesel concentration of B -20 for use in state vehicles 37 |
|---|
| 3842 | + | and for administration of the fund. Not later than January 38 |
|---|
| 3843 | + | thirty-first of each year, the department shall submit an 39 |
|---|
| 3844 | + | annual report to the general assembly on the expenditures 40 |
|---|
| 3845 | + | from the fund during the preceding fiscal year. 41 |
|---|
| 3846 | + | 5. Notwithstanding the provisions of section 33.080, 42 |
|---|
| 3847 | + | no portion of the fund shall be transferred to the general 43 |
|---|
| 3848 | + | revenue fund, and any appropriation made to the fund shall 44 |
|---|
| 3849 | + | not lapse. The state treasurer shall invest moneys in the 45 |
|---|
| 3850 | + | fund in the same manner as other funds are invested. 46 |
|---|
| 3851 | + | Interest and moneys earned on such investments shall be 47 |
|---|
| 3852 | + | credited to the fund. 48 |
|---|
| 3853 | + | 6. The department shall promulgate such rul es as are 49 |
|---|
| 3854 | + | necessary to implement this section. No rule or portion of 50 |
|---|
| 3855 | + | a rule promulgated pursuant to this section shall become 51 |
|---|
| 3856 | + | effective unless it has been promulgated pursuant to chapter 52 |
|---|
| 3857 | + | 536. 53 |
|---|
| 3858 | + | [7. The department shall conduct a study of the use o f 54 |
|---|
| 3859 | + | alternative fuels in motor vehicles in the state and shall 55 SB 757 117 |
|---|
| 3860 | + | report its findings and recommendations to the general 56 |
|---|
| 3861 | + | assembly no later than January 1, 2002. Such study shall 57 |
|---|
| 3862 | + | include: 58 |
|---|
| 3863 | + | (1) An analysis of the current use of alternative 59 |
|---|
| 3864 | + | fuels in public and private vehicle fleets in the state; 60 |
|---|
| 3865 | + | (2) An assessment of methods that the state may use to 61 |
|---|
| 3866 | + | increase use of alternative fuels in vehicle fleets, 62 |
|---|
| 3867 | + | including the sale of credits generated pursuant to the 63 |
|---|
| 3868 | + | federal Energy Policy Act, 42 U.S.C. 1 3201, et seq., to pay 64 |
|---|
| 3869 | + | for the difference in cost between alternative fuels and 65 |
|---|
| 3870 | + | conventional fuels; 66 |
|---|
| 3871 | + | (3) An assessment of the benefits or harm that 67 |
|---|
| 3872 | + | increased use of alternative fuels may make to the state's 68 |
|---|
| 3873 | + | economy and environment; 69 |
|---|
| 3874 | + | (4) Any other information that the department deems 70 |
|---|
| 3875 | + | relevant.] 71 |
|---|
| 3876 | + | 454.433. 1. When a tribunal of another state as 1 |
|---|
| 3877 | + | defined in section [454.850] 454.1503 has ordered support 2 |
|---|
| 3878 | + | payments to a person who has made an assignment of child 3 |
|---|
| 3879 | + | support rights to the family support division or who is 4 |
|---|
| 3880 | + | receiving child support services pursuant to section 5 |
|---|
| 3881 | + | 454.425, the family support division may notify the court of 6 |
|---|
| 3882 | + | this state in the county in which the obligor, obligee or 7 |
|---|
| 3883 | + | the child resides or works. Until October 1, 1999, upon 8 |
|---|
| 3884 | + | such notice the circuit clerk shall accept all support 9 |
|---|
| 3885 | + | payments and remit such payments to the person or entity 10 |
|---|
| 3886 | + | entitled to receive the payments. Effective October 1, 11 |
|---|
| 3887 | + | 1999, the division shall order the payment center to accept 12 |
|---|
| 3888 | + | all support payments and remit such payments to the person 13 |
|---|
| 3889 | + | or entity entitled to receive the payments. 14 |
|---|
| 3890 | + | 2. Notwithstanding any provision of law to the 15 |
|---|
| 3891 | + | contrary, the notification to the court by the division 16 SB 757 118 |
|---|
| 3892 | + | shall authorize the court to make the clerk tr ustee. The 17 |
|---|
| 3893 | + | clerk shall keep an accurate record of such payments and 18 |
|---|
| 3894 | + | shall report all collections to the division in the manner 19 |
|---|
| 3895 | + | specified by the division. Effective October 1, 1999, the 20 |
|---|
| 3896 | + | duties of the clerk as trustee pursuant to this section 21 |
|---|
| 3897 | + | shall terminate and all payments shall be made to the 22 |
|---|
| 3898 | + | payment center pursuant to section 454.530. 23 |
|---|
| 3899 | + | 454.470. 1. The director may issue a notice and 1 |
|---|
| 3900 | + | finding of financial responsibility to a parent who owes a 2 |
|---|
| 3901 | + | state debt or who is responsible fo r the support of a child 3 |
|---|
| 3902 | + | on whose behalf the custodian of that child is receiving 4 |
|---|
| 3903 | + | support enforcement services from the division pursuant to 5 |
|---|
| 3904 | + | section 454.425 if a court order has not been previously 6 |
|---|
| 3905 | + | entered against that parent, a court order has been 7 |
|---|
| 3906 | + | previously entered but has been terminated by operation of 8 |
|---|
| 3907 | + | law or if a support order from another state has been 9 |
|---|
| 3908 | + | entered but is not entitled to recognition under sections 10 |
|---|
| 3909 | + | [454.850 to 454.997] 454.1500 to 454.1728 . Service of the 11 |
|---|
| 3910 | + | notice and finding shall be made on the parent or other 12 |
|---|
| 3911 | + | party in the manner prescribed for service of process in a 13 |
|---|
| 3912 | + | civil action by an authorized process server appointed by 14 |
|---|
| 3913 | + | the director, or by certified mail, return receipt 15 |
|---|
| 3914 | + | requested. The director may appoint any unintereste d party, 16 |
|---|
| 3915 | + | including but not limited to employees of the division, to 17 |
|---|
| 3916 | + | serve such process. For purposes of this subsection, a 18 |
|---|
| 3917 | + | parent who refuses receipt of service by certified mail is 19 |
|---|
| 3918 | + | deemed to have been served. Service upon an obligee who is 20 |
|---|
| 3919 | + | receiving support enforcement services under section 454.425 21 |
|---|
| 3920 | + | may be made by regular mail. When appropriate to the 22 |
|---|
| 3921 | + | circumstances of the individual action, the notice shall 23 |
|---|
| 3922 | + | state: 24 SB 757 119 |
|---|
| 3923 | + | (1) The name of the person or agency with custody of 25 |
|---|
| 3924 | + | the dependent child an d the name of the dependent child for 26 |
|---|
| 3925 | + | whom support is to be paid; 27 |
|---|
| 3926 | + | (2) The monthly future support for which the parent 28 |
|---|
| 3927 | + | shall be responsible; 29 |
|---|
| 3928 | + | (3) The state debt, if any, accrued and accruing, and 30 |
|---|
| 3929 | + | the monthly payment to be made on the state deb t which has 31 |
|---|
| 3930 | + | accrued; 32 |
|---|
| 3931 | + | (4) A statement of the costs of collection, including 33 |
|---|
| 3932 | + | attorney's fees, which may be assessed against the parent; 34 |
|---|
| 3933 | + | (5) That the parent shall be responsible for providing 35 |
|---|
| 3934 | + | medical insurance for the dependent child; 36 |
|---|
| 3935 | + | (6) That if a parent desires to discuss the amount of 37 |
|---|
| 3936 | + | support that should be paid, the parent or person having 38 |
|---|
| 3937 | + | custody of the child may, within twenty days after being 39 |
|---|
| 3938 | + | served, contact the division office which sent the notice 40 |
|---|
| 3939 | + | and request a negotiation con ference. The other parent or 41 |
|---|
| 3940 | + | person having custody of the child shall be notified of the 42 |
|---|
| 3941 | + | negotiated conference and may participate in the 43 |
|---|
| 3942 | + | conference. If no agreement is reached on the monthly 44 |
|---|
| 3943 | + | amount to be paid, the director may issue a new notice and 45 |
|---|
| 3944 | + | finding of financial responsibility, which may be sent to 46 |
|---|
| 3945 | + | the parent required to pay support by regular mail addressed 47 |
|---|
| 3946 | + | to the parent's last known address or, if applicable, the 48 |
|---|
| 3947 | + | parent's attorney's last known address. A copy of the new 49 |
|---|
| 3948 | + | notice and finding shall be sent by regular mail to the 50 |
|---|
| 3949 | + | other parent or person having custody of the child; 51 |
|---|
| 3950 | + | (7) That if a parent or person having custody of the 52 |
|---|
| 3951 | + | child objects to all or any part of the notice and finding 53 |
|---|
| 3952 | + | of financial responsibility and no negoti ation conference is 54 |
|---|
| 3953 | + | requested, within twenty days of the date of service the 55 |
|---|
| 3954 | + | parent or person having custody of the child shall send to 56 SB 757 120 |
|---|
| 3955 | + | the division office which issued the notice a written 57 |
|---|
| 3956 | + | response which sets forth any objections and requests a 58 |
|---|
| 3957 | + | hearing; and, that if the director issues a new notice and 59 |
|---|
| 3958 | + | finding of financial responsibility, the parent or person 60 |
|---|
| 3959 | + | having custody of the child shall have twenty days from the 61 |
|---|
| 3960 | + | date of issuance of the new notice to send a hearing request; 62 |
|---|
| 3961 | + | (8) That if such a timely response is received by the 63 |
|---|
| 3962 | + | appropriate division office, and if such response raises 64 |
|---|
| 3963 | + | factual questions requiring the submission of evidence, the 65 |
|---|
| 3964 | + | parent or person having custody of the child shall have the 66 |
|---|
| 3965 | + | right to a hearing before an impar tial hearing officer who 67 |
|---|
| 3966 | + | is an attorney licensed to practice law in Missouri and, 68 |
|---|
| 3967 | + | that if no timely written response is received, the director 69 |
|---|
| 3968 | + | may enter an order in accordance with the notice and finding 70 |
|---|
| 3969 | + | of financial responsibility; 71 |
|---|
| 3970 | + | (9) That the parent has the right to be represented at 72 |
|---|
| 3971 | + | the hearing by an attorney of the parent's own choosing; 73 |
|---|
| 3972 | + | (10) That the parent or person having custody of the 74 |
|---|
| 3973 | + | child has the right to obtain evidence and examine witnesses 75 |
|---|
| 3974 | + | as provided for in chapter 536, to gether with an explanation 76 |
|---|
| 3975 | + | of the procedure the parent or person having custody of the 77 |
|---|
| 3976 | + | child shall follow in order to exercise such rights; 78 |
|---|
| 3977 | + | (11) That as soon as the order is entered, the 79 |
|---|
| 3978 | + | property of the parent required to pay support shall be 80 |
|---|
| 3979 | + | subject to collection actions, including, but not limited 81 |
|---|
| 3980 | + | to, wage withholding, garnishment, liens, and execution 82 |
|---|
| 3981 | + | thereon; 83 |
|---|
| 3982 | + | (12) A reference to sections 454.460 to 454.510; 84 |
|---|
| 3983 | + | (13) That the parent is responsible for notifying the 85 |
|---|
| 3984 | + | division of any change of address or employment; 86 SB 757 121 |
|---|
| 3985 | + | (14) That if the parent has any questions, the parent 87 |
|---|
| 3986 | + | should telephone or visit the appropriate division office or 88 |
|---|
| 3987 | + | consult an attorney; and 89 |
|---|
| 3988 | + | (15) Such other information as the director finds 90 |
|---|
| 3989 | + | appropriate. 91 |
|---|
| 3990 | + | 2. The statement of periodic future support required 92 |
|---|
| 3991 | + | by subdivision (2) of subsection 1 of this section is to be 93 |
|---|
| 3992 | + | computed under the guidelines established in subsection 8 of 94 |
|---|
| 3993 | + | section 452.340. 95 |
|---|
| 3994 | + | 3. Any time limits for notices or requests may be 96 |
|---|
| 3995 | + | extended by the director, and such extension shall have no 97 |
|---|
| 3996 | + | effect on the jurisdiction of the court, administrative 98 |
|---|
| 3997 | + | body, or other entity having jurisdiction over the 99 |
|---|
| 3998 | + | proceedings. 100 |
|---|
| 3999 | + | 4. If a timely written response setting forth 101 |
|---|
| 4000 | + | objections and requesting a hearing is received by the 102 |
|---|
| 4001 | + | appropriate division office, and if such response raises a 103 |
|---|
| 4002 | + | factual question requiring the submission of evidence, a 104 |
|---|
| 4003 | + | hearing shall be held in the manner provided by section 105 |
|---|
| 4004 | + | 454.475. If no timely written response and request for 106 |
|---|
| 4005 | + | hearing is received by the appropriate division office, the 107 |
|---|
| 4006 | + | director may enter an order in accordance with the notice, 108 |
|---|
| 4007 | + | and shall specify: 109 |
|---|
| 4008 | + | (1) The amount of periodic support to be paid, with 110 |
|---|
| 4009 | + | directions on the manner of payment; 111 |
|---|
| 4010 | + | (2) The amount of state debt, if any, accrued in favor 112 |
|---|
| 4011 | + | of the department; 113 |
|---|
| 4012 | + | (3) The monthly payment to be made on state debt, if 114 |
|---|
| 4013 | + | any; 115 |
|---|
| 4014 | + | (4) The amount of costs of collection, including 116 |
|---|
| 4015 | + | attorney's fees, assessed against the parent; 117 SB 757 122 |
|---|
| 4016 | + | (5) The name of the person or agency with custody of 118 |
|---|
| 4017 | + | the dependent child and the name and birth date of the 119 |
|---|
| 4018 | + | dependent child for whom support is to be paid; 120 |
|---|
| 4019 | + | (6) That the property of the parent is subject to 121 |
|---|
| 4020 | + | collection actions, including, but not limited to, wage 122 |
|---|
| 4021 | + | withholding, garnishment, liens, and execution thereon; and 123 |
|---|
| 4022 | + | (7) If appropriate, that the parent shall provide 124 |
|---|
| 4023 | + | medical insurance for the dependent child, or shall pay the 125 |
|---|
| 4024 | + | reasonable and necessary medical expenses of the dependent 126 |
|---|
| 4025 | + | child. 127 |
|---|
| 4026 | + | 5. The parent or person having custody of the child 128 |
|---|
| 4027 | + | shall be sent a copy of the order by regular mail addressed 129 |
|---|
| 4028 | + | to the parent's last known address or, if applicable, the 130 |
|---|
| 4029 | + | parent's attorney's last known address. The order is final, 131 |
|---|
| 4030 | + | and action by the director to enforce and collect upon the 132 |
|---|
| 4031 | + | order, including arrearages, may be taken from the date of 133 |
|---|
| 4032 | + | issuance of the order. 134 |
|---|
| 4033 | + | 6. Copies of the orders issued pursuant to this 135 |
|---|
| 4034 | + | section shall be mailed within fourteen days of the issuance 136 |
|---|
| 4035 | + | of the order. 137 |
|---|
| 4036 | + | 7. Any parent or person having custody of the child 138 |
|---|
| 4037 | + | who is aggrieved as a result of any allegation or issue of 139 |
|---|
| 4038 | + | fact contained in the notice and finding of financial 140 |
|---|
| 4039 | + | responsibility shall be afforded an opportunity for a 141 |
|---|
| 4040 | + | hearing, upon the request in writing filed with the director 142 |
|---|
| 4041 | + | not more than twenty days after service of the notice and 143 |
|---|
| 4042 | + | finding is made upon such parent or person having custody of 144 |
|---|
| 4043 | + | the child, and if in requesting such hearing, the aggrieved 145 |
|---|
| 4044 | + | parent or person having custody of the child rai ses a 146 |
|---|
| 4045 | + | factual issue requiring the submission of evidence. 147 |
|---|
| 4046 | + | 8. At any time after the issuance of an order under 148 |
|---|
| 4047 | + | this section, the director may issue an order vacating that 149 SB 757 123 |
|---|
| 4048 | + | order if it is found that the order was issued without 150 |
|---|
| 4049 | + | subject matter or per sonal jurisdiction or if the order was 151 |
|---|
| 4050 | + | issued without affording the obligor due process of law. 152 |
|---|
| 4051 | + | 454.490. 1. A true copy of any order entered by the 1 |
|---|
| 4052 | + | director pursuant to sections 454.460 to [454.997] 454.1728, 2 |
|---|
| 4053 | + | along with a true copy of the return of service, may be 3 |
|---|
| 4054 | + | filed with the clerk of the circuit court in the county in 4 |
|---|
| 4055 | + | which the judgment of dissolution or paternity has been 5 |
|---|
| 4056 | + | entered, or if no such judgment was entered, in the county 6 |
|---|
| 4057 | + | where either the parent or the dependent chil d resides or 7 |
|---|
| 4058 | + | where the support order was filed. Upon filing, the clerk 8 |
|---|
| 4059 | + | shall enter the order in the judgment docket. Upon 9 |
|---|
| 4060 | + | docketing, the order shall have all the force, effect, and 10 |
|---|
| 4061 | + | attributes of a docketed order or decree of the circuit 11 |
|---|
| 4062 | + | court, including, but not limited to, lien effect and 12 |
|---|
| 4063 | + | enforceability by supplementary proceedings, contempt of 13 |
|---|
| 4064 | + | court, execution and garnishment. Any administrative order 14 |
|---|
| 4065 | + | or decision of the family support division filed in the 15 |
|---|
| 4066 | + | office of the circuit clerk of the co urt shall not be 16 |
|---|
| 4067 | + | required to be signed by an attorney, as provided by supreme 17 |
|---|
| 4068 | + | court rule of civil procedures 55.03(a), or required to have 18 |
|---|
| 4069 | + | any further pleading other than the director's order. 19 |
|---|
| 4070 | + | 2. In addition to any other provision to enforce an 20 |
|---|
| 4071 | + | order docketed pursuant to this section or any other support 21 |
|---|
| 4072 | + | order of the court, the court may, upon petition by the 22 |
|---|
| 4073 | + | division, require that an obligor who owes past due support 23 |
|---|
| 4074 | + | to pay support in accordance with a plan approved by the 24 |
|---|
| 4075 | + | court, or if the obligor is subject to such plan and is not 25 |
|---|
| 4076 | + | incapacitated, the court may require the obligor to 26 |
|---|
| 4077 | + | participate in work activities. 27 |
|---|
| 4078 | + | 3. In addition to any other provision to enforce an 28 |
|---|
| 4079 | + | order docketed pursuant to this section or any other support 29 SB 757 124 |
|---|
| 4080 | + | order of the court, division or other IV -D agency, the 30 |
|---|
| 4081 | + | director may order that an obligor who owes past due support 31 |
|---|
| 4082 | + | to pay support in accordance with a plan approved by the 32 |
|---|
| 4083 | + | director, or if the obligor is subject to such plan and is 33 |
|---|
| 4084 | + | not incapacitated, the direc tor may order the obligor to 34 |
|---|
| 4085 | + | participate in work activities. The order of the director 35 |
|---|
| 4086 | + | shall be filed with a court pursuant to subsection 1 of this 36 |
|---|
| 4087 | + | section and shall be enforceable as an order of the court. 37 |
|---|
| 4088 | + | 4. As used in this section, "work activ ities" include: 38 |
|---|
| 4089 | + | (1) Unsubsidized employment; 39 |
|---|
| 4090 | + | (2) Subsidized private sector employment; 40 |
|---|
| 4091 | + | (3) Subsidized public sector employment; 41 |
|---|
| 4092 | + | (4) Work experience (including work associated with 42 |
|---|
| 4093 | + | the refurbishing of publicly assisted housing) if s ufficient 43 |
|---|
| 4094 | + | private sector employment is not available; 44 |
|---|
| 4095 | + | (5) On-the-job training; 45 |
|---|
| 4096 | + | (6) Job search and readiness assistance; 46 |
|---|
| 4097 | + | (7) Community services programs; 47 |
|---|
| 4098 | + | (8) Vocational educational training, not to exceed 48 |
|---|
| 4099 | + | twelve months for any indi vidual; 49 |
|---|
| 4100 | + | (9) Job skills training directly related to employment; 50 |
|---|
| 4101 | + | (10) Education directly related to employment for an 51 |
|---|
| 4102 | + | individual who has not received a high school diploma or its 52 |
|---|
| 4103 | + | equivalent; 53 |
|---|
| 4104 | + | (11) Satisfactory attendance at a secondary sc hool or 54 |
|---|
| 4105 | + | course of study leading to a certificate of general 55 |
|---|
| 4106 | + | equivalence for an individual who has not completed 56 |
|---|
| 4107 | + | secondary school or received such a certificate; or 57 |
|---|
| 4108 | + | (12) The provision of child care services to an 58 |
|---|
| 4109 | + | individual who is participating in a community service 59 |
|---|
| 4110 | + | program. 60 SB 757 125 |
|---|
| 4111 | + | 488.426. 1. The judges of the circuit court, en banc, 1 |
|---|
| 4112 | + | in any circuit in this state may require any party filing a 2 |
|---|
| 4113 | + | civil case in the circuit court, at the time of filing the 3 |
|---|
| 4114 | + | suit, to deposit with the cl erk of the court a surcharge in 4 |
|---|
| 4115 | + | addition to all other deposits required by law or court 5 |
|---|
| 4116 | + | rule. Sections 488.426 to 488.432 shall not apply to 6 |
|---|
| 4117 | + | proceedings when costs are waived or are to be paid by the 7 |
|---|
| 4118 | + | county or state or any city. 8 |
|---|
| 4119 | + | 2. The surcharge in effect on August 28, 2001, shall 9 |
|---|
| 4120 | + | remain in effect until changed by the circuit court. The 10 |
|---|
| 4121 | + | circuit court in any circuit, except the circuit court in 11 |
|---|
| 4122 | + | Jackson County or the circuit court in any circuit that 12 |
|---|
| 4123 | + | reimburses the state for the salaries of fa mily court 13 |
|---|
| 4124 | + | commissioners under and pursuant to section 487.020, may 14 |
|---|
| 4125 | + | change the fee to any amount not to exceed fifteen dollars. 15 |
|---|
| 4126 | + | The circuit court in Jackson County or the circuit court in 16 |
|---|
| 4127 | + | any circuit that reimburses the state for the salaries of 17 |
|---|
| 4128 | + | family court commissioners under and pursuant to section 18 |
|---|
| 4129 | + | 487.020 may change the fee to any amount not to exceed 19 |
|---|
| 4130 | + | twenty dollars. A change in the fee shall become effective 20 |
|---|
| 4131 | + | and remain in effect until further changed. 21 |
|---|
| 4132 | + | 3. Sections 488.426 to 488.432 shal l not apply to 22 |
|---|
| 4133 | + | proceedings when costs are waived or are paid by the county 23 |
|---|
| 4134 | + | or state or any city. 24 |
|---|
| 4135 | + | [4. In addition to any fee authorized by subsection 1 25 |
|---|
| 4136 | + | of this section, any county of the first classification with 26 |
|---|
| 4137 | + | more than one hundred one thousand but fewer than one 27 |
|---|
| 4138 | + | hundred fifteen thousand inhabitants may impose an 28 |
|---|
| 4139 | + | additional fee of ten dollars excluding cases concerning 29 |
|---|
| 4140 | + | adoption and those in small claims court. The provisions of 30 |
|---|
| 4141 | + | this subsection shall expire on December 31, 2019. ] 31 SB 757 126 |
|---|
| 4142 | + | 620.570. 1. [The Missouri training and employment 1 |
|---|
| 4143 | + | council, as established in section 620.523, shall review and 2 |
|---|
| 4144 | + | recommend criteria for evaluating project funding 3 |
|---|
| 4145 | + | assistance, program criteria, and other requirements and 4 |
|---|
| 4146 | + | priorities to be used by the division in the evaluation and 5 |
|---|
| 4147 | + | monitoring of Missouri youth service and conservation corps 6 |
|---|
| 4148 | + | projects. 7 |
|---|
| 4149 | + | 2.] The division shall work with the department of 8 |
|---|
| 4150 | + | higher education and workforce development, the department 9 |
|---|
| 4151 | + | of elementary and secondary ed ucation, all colleges, 10 |
|---|
| 4152 | + | universities and lending institutions throughout the state 11 |
|---|
| 4153 | + | to develop a system of academic credit, tuition grants and 12 |
|---|
| 4154 | + | deferred loan repayment incentives for young adults who 13 |
|---|
| 4155 | + | enroll and complete participation in corps programs. The 14 |
|---|
| 4156 | + | division shall adopt rules under chapter 536 designed to 15 |
|---|
| 4157 | + | implement any such incentive programs. 16 |
|---|
| 4158 | + | [3.] 2. The division of workforce development of the 17 |
|---|
| 4159 | + | department of economic development shall establish and 18 |
|---|
| 4160 | + | promote the recruitment of "Show -Me Employers" which shall 19 |
|---|
| 4161 | + | consist of Missouri-based corporations and businesses 20 |
|---|
| 4162 | + | agreeing to interview, for entry -level jobs, participants 21 |
|---|
| 4163 | + | successfully completing a youth corps program. 22 |
|---|
| 4164 | + | [4.] 3. The division of workforce development of the 23 |
|---|
| 4165 | + | department of economic development shall recognize and 24 |
|---|
| 4166 | + | promote within the labor exchange system the youth service 25 |
|---|
| 4167 | + | corps and the potential benefits of hiring participants who 26 |
|---|
| 4168 | + | have successfully completed any of the corps' programs. 27 |
|---|
| 4169 | + | 620.1020. There is hereby created within the 1 |
|---|
| 4170 | + | department of economic development a "Business Extension 2 |
|---|
| 4171 | + | Service Team" program. The purpose of the teams shall be to 3 |
|---|
| 4172 | + | provide technical and management assistance to Missouri 4 |
|---|
| 4173 | + | businesses, to improve their competitiveness and i ncrease 5 SB 757 127 |
|---|
| 4174 | + | their market share of the economy, to assist businesses with 6 |
|---|
| 4175 | + | the introduction of improved production processes, and to 7 |
|---|
| 4176 | + | assist the businesses with their job training needs. [Each 8 |
|---|
| 4177 | + | team shall inform the Missouri training and employment 9 |
|---|
| 4178 | + | council of specific job training needs which it identifies 10 |
|---|
| 4179 | + | for an individual business or general job training needs 11 |
|---|
| 4180 | + | which it recommends for the state. A team may recommend 12 |
|---|
| 4181 | + | that, by means of contract, feasibility studies or 13 |
|---|
| 4182 | + | productivity assessments be performed for businesses.] 14 |
|---|
| 4183 | + | Businesses to be assisted may include those faced with 15 |
|---|
| 4184 | + | employee layoffs, plant closings or financial instability. 16 |
|---|
| 4185 | + | The expenses of a team shall be financed by state and 17 |
|---|
| 4186 | + | federal appropriations, local governments, economic 18 |
|---|
| 4187 | + | development organizations, private contributions and fees 19 |
|---|
| 4188 | + | paid by assisted businesses. 20 |
|---|
| 4189 | + | 620.2020. 1. The department shall respond to a 1 |
|---|
| 4190 | + | written request, by or on behalf of a qualified company or 2 |
|---|
| 4191 | + | qualified military project, for a proposed benefit award 3 |
|---|
| 4192 | + | under the provisions of this program within five business 4 |
|---|
| 4193 | + | days of receipt of such request. The department shall 5 |
|---|
| 4194 | + | respond to a written request, by or on behalf of a qualified 6 |
|---|
| 4195 | + | manufacturing company, for a proposed benefit award under 7 |
|---|
| 4196 | + | the provisions of this program within fifteen business days 8 |
|---|
| 4197 | + | of receipt of such request. Such response shall contain 9 |
|---|
| 4198 | + | either a proposal of benefits for the qualified company or 10 |
|---|
| 4199 | + | qualified military project, or a written response refusing 11 |
|---|
| 4200 | + | to provide such a proposal an d stating the reasons for such 12 |
|---|
| 4201 | + | refusal. A qualified company or qualified military project 13 |
|---|
| 4202 | + | that intends to seek benefits under the program shall submit 14 |
|---|
| 4203 | + | to the department a notice of intent. The department shall 15 |
|---|
| 4204 | + | respond within thirty days to a notice o f intent with an 16 |
|---|
| 4205 | + | approval or a rejection, provided that the department may 17 SB 757 128 |
|---|
| 4206 | + | withhold approval or provide a contingent approval until it 18 |
|---|
| 4207 | + | is satisfied that proper documentation of eligibility has 19 |
|---|
| 4208 | + | been provided. The department shall certify or reject the 20 |
|---|
| 4209 | + | qualifying company's plan outlined in their notice of intent 21 |
|---|
| 4210 | + | as satisfying good faith efforts made to employ, at a 22 |
|---|
| 4211 | + | minimum, commensurate with the percentage of minority 23 |
|---|
| 4212 | + | populations in the state of Missouri, as reported in the 24 |
|---|
| 4213 | + | previous decennial census , the following: racial 25 |
|---|
| 4214 | + | minorities, contractors who are racial minorities, and 26 |
|---|
| 4215 | + | contractors that, in turn, employ at a minimum racial 27 |
|---|
| 4216 | + | minorities commensurate with the percentage of minority 28 |
|---|
| 4217 | + | populations in the state of Missouri, as reported in the 29 |
|---|
| 4218 | + | previous decennial census. Failure to respond on behalf of 30 |
|---|
| 4219 | + | the department shall result in the notice of intent being 31 |
|---|
| 4220 | + | deemed approved. A qualified company receiving approval for 32 |
|---|
| 4221 | + | program benefits may receive additional benefits for 33 |
|---|
| 4222 | + | subsequent new jobs at t he same facility after the full 34 |
|---|
| 4223 | + | initial project period if the applicable minimum job 35 |
|---|
| 4224 | + | requirements are met. There shall be no limit on the number 36 |
|---|
| 4225 | + | of project periods a qualified company may participate in 37 |
|---|
| 4226 | + | the program, and a qualified company may elect t o file a 38 |
|---|
| 4227 | + | notice of intent to begin a new project period concurrent 39 |
|---|
| 4228 | + | with an existing project period if the applicable minimum 40 |
|---|
| 4229 | + | job requirements are achieved, the qualified company 41 |
|---|
| 4230 | + | provides the department with the required annual reporting, 42 |
|---|
| 4231 | + | and the qualified company is in compliance with this program 43 |
|---|
| 4232 | + | and any other state programs in which the qualified company 44 |
|---|
| 4233 | + | is currently or has previously participated. However, the 45 |
|---|
| 4234 | + | qualified company shall not receive any further program 46 |
|---|
| 4235 | + | benefits under the original a pproval for any new jobs 47 |
|---|
| 4236 | + | created after the date of the new notice of intent, and any 48 |
|---|
| 4237 | + | jobs created before the new notice of intent shall not be 49 SB 757 129 |
|---|
| 4238 | + | included as new jobs for purposes of the benefit calculation 50 |
|---|
| 4239 | + | for the new approval. When a qualified company has filed 51 |
|---|
| 4240 | + | and received approval of a notice of intent and subsequently 52 |
|---|
| 4241 | + | files another notice of intent, the department shall apply 53 |
|---|
| 4242 | + | the definition of project facility under subdivision (24) of 54 |
|---|
| 4243 | + | section 620.2005 to the new notice of intent as well as all 55 |
|---|
| 4244 | + | previously approved notices of intent and shall determine 56 |
|---|
| 4245 | + | the application of the definitions of new job, new payroll, 57 |
|---|
| 4246 | + | project facility base employment, and project facility base 58 |
|---|
| 4247 | + | payroll accordingly. 59 |
|---|
| 4248 | + | 2. Notwithstanding any provision of law to the 60 |
|---|
| 4249 | + | contrary, the benefits available to the qualified company 61 |
|---|
| 4250 | + | under any other state programs for which the company is 62 |
|---|
| 4251 | + | eligible and which utilize withholding tax from the new or 63 |
|---|
| 4252 | + | retained jobs of the company shall first be credited to the 64 |
|---|
| 4253 | + | other state program before the withholding retention level 65 |
|---|
| 4254 | + | applicable under this program will begin to accrue. If any 66 |
|---|
| 4255 | + | qualified company also participates in a job training 67 |
|---|
| 4256 | + | program utilizing withholding tax, the company shall retain 68 |
|---|
| 4257 | + | no withholding tax under this program, but the department 69 |
|---|
| 4258 | + | shall issue a refundable tax credit for the full amount of 70 |
|---|
| 4259 | + | benefit allowed under this program. The calendar year 71 |
|---|
| 4260 | + | annual maximum amount of tax credits which may be issued to 72 |
|---|
| 4261 | + | a qualifying company that also participates in a job 73 |
|---|
| 4262 | + | training program shall be increased by an amount equivalent 74 |
|---|
| 4263 | + | to the withholding tax retained by that company under a jobs 75 |
|---|
| 4264 | + | training program. 76 |
|---|
| 4265 | + | 3. A qualified company or qualified military project 77 |
|---|
| 4266 | + | receiving benefits under this program shall provide an 78 |
|---|
| 4267 | + | annual report of the number of jobs, along with minority 79 |
|---|
| 4268 | + | jobs created or retained, and such other information as may 80 |
|---|
| 4269 | + | be required by the department to document the basis for 81 SB 757 130 |
|---|
| 4270 | + | program benefits available no later than ninety days prior 82 |
|---|
| 4271 | + | to the end of the quali fied company's or industrial 83 |
|---|
| 4272 | + | development authority's tax year immediately following the 84 |
|---|
| 4273 | + | tax year for which the benefits provided under the program 85 |
|---|
| 4274 | + | are attributed. In such annual report, if the average wage 86 |
|---|
| 4275 | + | is below the applicable percentage of the cou nty average 87 |
|---|
| 4276 | + | wage, the qualified company or qualified military project 88 |
|---|
| 4277 | + | has not maintained the employee insurance as required, if 89 |
|---|
| 4278 | + | the department after a review determines the qualifying 90 |
|---|
| 4279 | + | company fails to satisfy other aspects of their notice of 91 |
|---|
| 4280 | + | intent, including failure to make good faith efforts to 92 |
|---|
| 4281 | + | employ, at a minimum, commensurate with the percentage of 93 |
|---|
| 4282 | + | minority populations in the state of Missouri, as reported 94 |
|---|
| 4283 | + | in the previous decennial census, the following: racial 95 |
|---|
| 4284 | + | minorities, contractors who are racial minorities, and 96 |
|---|
| 4285 | + | contractors that, in turn, employ at a minimum racial 97 |
|---|
| 4286 | + | minorities commensurate with the percentage of minority 98 |
|---|
| 4287 | + | populations in the state of Missouri, as reported in the 99 |
|---|
| 4288 | + | previous decennial census, or if the number of jobs is below 100 |
|---|
| 4289 | + | the number required, the qualified company or qualified 101 |
|---|
| 4290 | + | military project shall not receive tax credits or retain the 102 |
|---|
| 4291 | + | withholding tax for the balance of the project period. If a 103 |
|---|
| 4292 | + | statewide state of emergency exists for more than sixteen 104 |
|---|
| 4293 | + | months, a qualified company or industrial development 105 |
|---|
| 4294 | + | authority shall be entitled to a one -time suspension of 106 |
|---|
| 4295 | + | program deadlines equal to the number of months such 107 |
|---|
| 4296 | + | statewide state of emergency existed with any partial month 108 |
|---|
| 4297 | + | rounded to the next whole. During such suspension, the 109 |
|---|
| 4298 | + | qualified company or industrial development authority shall 110 |
|---|
| 4299 | + | not be entitled to retain any withholding tax as calculated 111 |
|---|
| 4300 | + | under subdivision (38) of section 620.2005 nor shall it earn 112 |
|---|
| 4301 | + | any awarded tax credit or receive any tax credit under the 113 SB 757 131 |
|---|
| 4302 | + | program for the suspension period. The suspension period 114 |
|---|
| 4303 | + | shall run consecutively and be available to a qualified 115 |
|---|
| 4304 | + | company or industrial development authority that, during the 116 |
|---|
| 4305 | + | statewide state of emergency, submitted notice of intent 117 |
|---|
| 4306 | + | that was approved or that was in year one or a subsequent 118 |
|---|
| 4307 | + | year of benefits under a program agreement with the 119 |
|---|
| 4308 | + | department. The suspension period that runs consecutively 120 |
|---|
| 4309 | + | and may be available to a qualified company or industrial 121 |
|---|
| 4310 | + | development authority as provided in this su bsection may 122 |
|---|
| 4311 | + | apply retroactively. Any qualified company or industrial 123 |
|---|
| 4312 | + | development authority requesting a suspension pursuant to 124 |
|---|
| 4313 | + | this subsection shall submit notice to the department on its 125 |
|---|
| 4314 | + | provided form identifying the requested start and end dates 126 |
|---|
| 4315 | + | of the suspension, not to exceed the maximum number of 127 |
|---|
| 4316 | + | months available under this subsection. Such notice shall 128 |
|---|
| 4317 | + | be submitted to the department not later than the end of the 129 |
|---|
| 4318 | + | twelfth month following the termination of the state of 130 |
|---|
| 4319 | + | emergency. No suspension period shall start later than the 131 |
|---|
| 4320 | + | date on which the state of emergency was terminated. The 132 |
|---|
| 4321 | + | department and the qualified company or the industrial 133 |
|---|
| 4322 | + | development authority shall enter into a program agreement 134 |
|---|
| 4323 | + | or shall amend an existing program agreeme nt, as applicable, 135 |
|---|
| 4324 | + | stating the deadlines following the suspension period and 136 |
|---|
| 4325 | + | updating the applicable wage requirements. Failure to 137 |
|---|
| 4326 | + | timely file the annual report required under this section 138 |
|---|
| 4327 | + | may result in the forfeiture of tax credits attributable to 139 |
|---|
| 4328 | + | the year for which the reporting was required and a 140 |
|---|
| 4329 | + | recapture of withholding taxes retained by the qualified 141 |
|---|
| 4330 | + | company or qualified military project during such year. 142 |
|---|
| 4331 | + | 4. The department may withhold the approval of any 143 |
|---|
| 4332 | + | benefits under this program unti l it is satisfied that 144 |
|---|
| 4333 | + | proper documentation has been provided, and shall reduce the 145 SB 757 132 |
|---|
| 4334 | + | benefits to reflect any reduction in full -time employees or 146 |
|---|
| 4335 | + | payroll. Upon approval by the department, the qualified 147 |
|---|
| 4336 | + | company may begin the retention of the withholding taxes 148 |
|---|
| 4337 | + | when it reaches the required number of jobs and the average 149 |
|---|
| 4338 | + | wage meets or exceeds the applicable percentage of county 150 |
|---|
| 4339 | + | average wage. Tax credits, if any, may be issued upon 151 |
|---|
| 4340 | + | satisfaction by the department that the qualified company 152 |
|---|
| 4341 | + | has exceeded the applicable percentage of county average 153 |
|---|
| 4342 | + | wage and the required number of jobs; provided that, tax 154 |
|---|
| 4343 | + | credits awarded under subsection 7 of section 620.2010 may 155 |
|---|
| 4344 | + | be issued following the qualified company's acceptance of 156 |
|---|
| 4345 | + | the department's proposal and pursu ant to the requirements 157 |
|---|
| 4346 | + | set forth in the written agreement between the department 158 |
|---|
| 4347 | + | and the qualified company under subsection 4 of section 159 |
|---|
| 4348 | + | 620.2010. 160 |
|---|
| 4349 | + | 5. Any qualified company or qualified military project 161 |
|---|
| 4350 | + | approved for benefits under this program sh all provide to 162 |
|---|
| 4351 | + | the department, upon request, any and all information and 163 |
|---|
| 4352 | + | records reasonably required to monitor compliance with 164 |
|---|
| 4353 | + | program requirements. This program shall be considered a 165 |
|---|
| 4354 | + | business recruitment tax credit under subdivision (3) of 166 |
|---|
| 4355 | + | subsection 2 of section 135.800, and any qualified company 167 |
|---|
| 4356 | + | or qualified military project approved for benefits under 168 |
|---|
| 4357 | + | this program shall be subject to the provisions of sections 169 |
|---|
| 4358 | + | 135.800 to 135.830. 170 |
|---|
| 4359 | + | 6. Any taxpayer who is awarded benefits under this 171 |
|---|
| 4360 | + | program who knowingly hires individuals who are not allowed 172 |
|---|
| 4361 | + | to work legally in the United States shall immediately 173 |
|---|
| 4362 | + | forfeit such benefits and shall repay the state an amount 174 |
|---|
| 4363 | + | equal to any state tax credits already redeemed and any 175 |
|---|
| 4364 | + | withholding taxes already ret ained. 176 SB 757 133 |
|---|
| 4365 | + | 7. (1) The maximum amount of tax credits that may be 177 |
|---|
| 4366 | + | authorized under this program for any fiscal year shall be 178 |
|---|
| 4367 | + | limited as follows, less the amount of any tax credits 179 |
|---|
| 4368 | + | previously obligated for that fiscal year under any of the 180 |
|---|
| 4369 | + | tax credit programs referenced in subsection 14 of this 181 |
|---|
| 4370 | + | section: 182 |
|---|
| 4371 | + | (a) For the fiscal year beginning on July 1, 2013, but 183 |
|---|
| 4372 | + | ending on or before June 30, 2014, no more than one hundred 184 |
|---|
| 4373 | + | six million dollars in tax credits may be authorized; 185 |
|---|
| 4374 | + | (b) For the fiscal year beginning on July 1, 2014, but 186 |
|---|
| 4375 | + | ending on or before June 30, 2015, no more than one hundred 187 |
|---|
| 4376 | + | eleven million dollars in tax credits may be authorized; 188 |
|---|
| 4377 | + | (c) For fiscal years beginning on or after July 1, 189 |
|---|
| 4378 | + | 2015, but ending on or before June 30, 2020 , no more than 190 |
|---|
| 4379 | + | one hundred sixteen million dollars in tax credits may be 191 |
|---|
| 4380 | + | authorized for each fiscal year; and 192 |
|---|
| 4381 | + | (d) For all fiscal years beginning on or after July 1, 193 |
|---|
| 4382 | + | 2020, no more than one hundred six million dollars in tax 194 |
|---|
| 4383 | + | credits may be authoriz ed for each fiscal year. The 195 |
|---|
| 4384 | + | provisions of this paragraph shall not apply to tax credits 196 |
|---|
| 4385 | + | issued to qualified companies under a notice of intent filed 197 |
|---|
| 4386 | + | prior to July 1, 2020. 198 |
|---|
| 4387 | + | (2) For all fiscal years beginning on or after July 1, 199 |
|---|
| 4388 | + | 2020, in addition to the amount of tax credits that may be 200 |
|---|
| 4389 | + | authorized under paragraph (d) of subdivision (1) of this 201 |
|---|
| 4390 | + | subsection, an additional ten million dollars in tax credits 202 |
|---|
| 4391 | + | may be authorized for each fiscal year for the purpose of 203 |
|---|
| 4392 | + | the completion of infrastructure projects directly connected 204 |
|---|
| 4393 | + | with the creation or retention of jobs under the provisions 205 |
|---|
| 4394 | + | of sections 620.2000 to 620.2020 and an additional ten 206 |
|---|
| 4395 | + | million dollars in tax credits may be authorized for each 207 |
|---|
| 4396 | + | fiscal year for a qualified manufacturing company b ased on a 208 SB 757 134 |
|---|
| 4397 | + | manufacturing capital investment as set forth in section 209 |
|---|
| 4398 | + | 620.2010. 210 |
|---|
| 4399 | + | 8. For all fiscal years beginning on or after July 1, 211 |
|---|
| 4400 | + | 2020, the maximum total amount of withholding tax that may 212 |
|---|
| 4401 | + | be authorized for retention for the creation of new jobs 213 |
|---|
| 4402 | + | under the provisions of sections 620.2000 to 620.2020 by 214 |
|---|
| 4403 | + | qualified companies with a project facility base employment 215 |
|---|
| 4404 | + | of at least fifty shall not exceed seventy -five million 216 |
|---|
| 4405 | + | dollars for each fiscal year. The provisions of this 217 |
|---|
| 4406 | + | subsection shall not ap ply to withholding tax authorized for 218 |
|---|
| 4407 | + | retention for the creation of new jobs by qualified 219 |
|---|
| 4408 | + | companies with a project facility base employment of less 220 |
|---|
| 4409 | + | than fifty. 221 |
|---|
| 4410 | + | 9. For tax credits for the creation of new jobs under 222 |
|---|
| 4411 | + | section 620.2010, the department shall allocate the annual 223 |
|---|
| 4412 | + | tax credits based on the date of the approval, reserving 224 |
|---|
| 4413 | + | such tax credits based on the department's best estimate of 225 |
|---|
| 4414 | + | new jobs and new payroll of the project, and any other 226 |
|---|
| 4415 | + | applicable factors in determining the amount of benef its 227 |
|---|
| 4416 | + | available to the qualified company or qualified military 228 |
|---|
| 4417 | + | project under this program; provided that, the department 229 |
|---|
| 4418 | + | may reserve up to twenty -one and one-half percent of the 230 |
|---|
| 4419 | + | maximum annual amount of tax credits that may be authorized 231 |
|---|
| 4420 | + | under subsection 7 of this section for award under 232 |
|---|
| 4421 | + | subsection 7 of section 620.2010. However, the annual 233 |
|---|
| 4422 | + | issuance of tax credits shall be subject to annual 234 |
|---|
| 4423 | + | verification of actual payroll by the department or, for 235 |
|---|
| 4424 | + | qualified military projects, annual verification of a verage 236 |
|---|
| 4425 | + | salary for the jobs directly created by the qualified 237 |
|---|
| 4426 | + | military project. Any authorization of tax credits shall 238 |
|---|
| 4427 | + | expire if, within two years from the date of commencement of 239 |
|---|
| 4428 | + | operations, or approval if applicable, the qualified company 240 SB 757 135 |
|---|
| 4429 | + | has failed to meet the applicable minimum job requirements. 241 |
|---|
| 4430 | + | The qualified company may retain authorized amounts from the 242 |
|---|
| 4431 | + | withholding tax under the project once the applicable 243 |
|---|
| 4432 | + | minimum job requirements have been met for the duration of 244 |
|---|
| 4433 | + | the project period. No benefits shall be provided under 245 |
|---|
| 4434 | + | this program until the qualified company or qualified 246 |
|---|
| 4435 | + | military project meets the applicable minimum new job 247 |
|---|
| 4436 | + | requirements or, for benefits awarded under subsection 7 of 248 |
|---|
| 4437 | + | section 620.2010, until the qualified company has sati sfied 249 |
|---|
| 4438 | + | the requirements set forth in the written agreement between 250 |
|---|
| 4439 | + | the department and the qualified company under subsection 4 251 |
|---|
| 4440 | + | of section 620.2010. In the event the qualified company or 252 |
|---|
| 4441 | + | qualified military project does not meet the applicable 253 |
|---|
| 4442 | + | minimum new job requirements, the qualified company or 254 |
|---|
| 4443 | + | qualified military project may submit a new notice of intent 255 |
|---|
| 4444 | + | or the department may provide a new approval for a new 256 |
|---|
| 4445 | + | project of the qualified company or qualified military 257 |
|---|
| 4446 | + | project at the project facility or other facilities. 258 |
|---|
| 4447 | + | 10. Tax credits provided under this program may be 259 |
|---|
| 4448 | + | claimed against taxes otherwise imposed by chapters 143 and 260 |
|---|
| 4449 | + | 148, and may not be carried forward, but shall be claimed 261 |
|---|
| 4450 | + | within one year of the close of the taxable year for which 262 |
|---|
| 4451 | + | they were issued. Tax credits provided under this program 263 |
|---|
| 4452 | + | may be transferred, sold, or assigned by filing a notarized 264 |
|---|
| 4453 | + | endorsement thereof with the department that names the 265 |
|---|
| 4454 | + | transferee, the amount of tax credit transferred, and the 266 |
|---|
| 4455 | + | value received for t he credit, as well as any other 267 |
|---|
| 4456 | + | information reasonably requested by the department. For a 268 |
|---|
| 4457 | + | qualified company with flow -through tax treatment to its 269 |
|---|
| 4458 | + | members, partners, or shareholders, the tax credit shall be 270 |
|---|
| 4459 | + | allowed to members, partners, or shareholder s in proportion 271 SB 757 136 |
|---|
| 4460 | + | to their share of ownership on the last day of the qualified 272 |
|---|
| 4461 | + | company's tax period. 273 |
|---|
| 4462 | + | 11. Prior to the issuance of tax credits or the 274 |
|---|
| 4463 | + | qualified company beginning to retain withholding taxes, the 275 |
|---|
| 4464 | + | department shall verify through the de partment of revenue 276 |
|---|
| 4465 | + | and any other applicable state department that the tax 277 |
|---|
| 4466 | + | credit applicant does not owe any delinquent income, sales, 278 |
|---|
| 4467 | + | or use tax or interest or penalties on such taxes, or any 279 |
|---|
| 4468 | + | delinquent fees or assessments levied by any state 280 |
|---|
| 4469 | + | department and through the department of commerce and 281 |
|---|
| 4470 | + | insurance that the applicant does not owe any delinquent 282 |
|---|
| 4471 | + | insurance taxes or other fees. Such delinquency shall not 283 |
|---|
| 4472 | + | affect the approval, except that any tax credits issued 284 |
|---|
| 4473 | + | shall be first applied to the del inquency and any amount 285 |
|---|
| 4474 | + | issued shall be reduced by the applicant's tax delinquency. 286 |
|---|
| 4475 | + | If the department of revenue, the department of commerce and 287 |
|---|
| 4476 | + | insurance, or any other state department concludes that a 288 |
|---|
| 4477 | + | taxpayer is delinquent after June fifteenth but before July 289 |
|---|
| 4478 | + | first of any year and the application of tax credits to such 290 |
|---|
| 4479 | + | delinquency causes a tax deficiency on behalf of the 291 |
|---|
| 4480 | + | taxpayer to arise, then the taxpayer shall be granted thirty 292 |
|---|
| 4481 | + | days to satisfy the deficiency in which interest, penalties, 293 |
|---|
| 4482 | + | and additions to tax shall be tolled. After applying all 294 |
|---|
| 4483 | + | available credits toward a tax delinquency, the 295 |
|---|
| 4484 | + | administering agency shall notify the appropriate department 296 |
|---|
| 4485 | + | and that department shall update the amount of outstanding 297 |
|---|
| 4486 | + | delinquent tax owed by the ap plicant. If any credits remain 298 |
|---|
| 4487 | + | after satisfying all insurance, income, sales, and use tax 299 |
|---|
| 4488 | + | delinquencies, the remaining credits shall be issued to the 300 |
|---|
| 4489 | + | applicant, subject to the restrictions of other provisions 301 |
|---|
| 4490 | + | of law. 302 SB 757 137 |
|---|
| 4491 | + | 12. The director of revenue shall issue a refund to 303 |
|---|
| 4492 | + | the qualified company to the extent that the amount of tax 304 |
|---|
| 4493 | + | credits allowed under this program exceeds the amount of the 305 |
|---|
| 4494 | + | qualified company's tax liability under chapter 143 or 148. 306 |
|---|
| 4495 | + | 13. An employee of a qualified company shal l receive 307 |
|---|
| 4496 | + | full credit for the amount of tax withheld as provided in 308 |
|---|
| 4497 | + | section 143.211. 309 |
|---|
| 4498 | + | 14. Notwithstanding any provision of law to the 310 |
|---|
| 4499 | + | contrary, beginning August 28, 2013, no new benefits shall 311 |
|---|
| 4500 | + | be authorized for any project that had not received fr om the 312 |
|---|
| 4501 | + | department a proposal or approval for such benefits prior to 313 |
|---|
| 4502 | + | August 28, 2013, under the development tax credit program 314 |
|---|
| 4503 | + | created under sections 32.100 to 32.125, the rebuilding 315 |
|---|
| 4504 | + | communities tax credit program created under section 316 |
|---|
| 4505 | + | 135.535, the enhanced enterprise zone tax credit program 317 |
|---|
| 4506 | + | created under sections 135.950 to 135.973, and the Missouri 318 |
|---|
| 4507 | + | quality jobs program created under sections 620.1875 to 319 |
|---|
| 4508 | + | 620.1890. The provisions of this subsection shall not be 320 |
|---|
| 4509 | + | construed to limit or impair the abil ity of any 321 |
|---|
| 4510 | + | administering agency to authorize or issue benefits for any 322 |
|---|
| 4511 | + | project that had received an approval or a proposal from the 323 |
|---|
| 4512 | + | department under any of the programs referenced in this 324 |
|---|
| 4513 | + | subsection prior to August 28, 2013, or the ability of any 325 |
|---|
| 4514 | + | taxpayer to redeem any such tax credits or to retain any 326 |
|---|
| 4515 | + | withholding tax under an approval issued prior to that 327 |
|---|
| 4516 | + | date. The provisions of this subsection shall not be 328 |
|---|
| 4517 | + | construed to limit or in any way impair the ability of any 329 |
|---|
| 4518 | + | governing authority to provide any local abatement or 330 |
|---|
| 4519 | + | designate a new zone under the enhanced enterprise zone 331 |
|---|
| 4520 | + | program created by sections 135.950 to 135.963. 332 |
|---|
| 4521 | + | Notwithstanding any provision of law to the contrary, no 333 SB 757 138 |
|---|
| 4522 | + | qualified company that is awarded benefits under this 334 |
|---|
| 4523 | + | program shall[: 335 |
|---|
| 4524 | + | (1)] simultaneously receive benefits under the 336 |
|---|
| 4525 | + | programs referenced in this subsection at the same capital 337 |
|---|
| 4526 | + | investment[; or 338 |
|---|
| 4527 | + | (2) Receive benefits under the provisions of section 339 |
|---|
| 4528 | + | 620.1910 for the same jobs ]. 340 |
|---|
| 4529 | + | 15. If any provision of sec tions 620.2000 to 620.2020 341 |
|---|
| 4530 | + | or application thereof to any person or circumstance is held 342 |
|---|
| 4531 | + | invalid, the invalidity shall not affect other provisions or 343 |
|---|
| 4532 | + | application of these sections which can be given effect 344 |
|---|
| 4533 | + | without the invalid provisions or application, and to this 345 |
|---|
| 4534 | + | end, the provisions of sections 620.2000 to 620.2020 are 346 |
|---|
| 4535 | + | hereby declared severable. 347 |
|---|
| 4536 | + | 16. By no later than January 1, 2014, and the first 348 |
|---|
| 4537 | + | day of each calendar quarter thereafter, the department 349 |
|---|
| 4538 | + | shall present a quarterly report to the ge neral assembly 350 |
|---|
| 4539 | + | detailing the benefits authorized under this program during 351 |
|---|
| 4540 | + | the immediately preceding calendar quarter to the extent 352 |
|---|
| 4541 | + | such information may be disclosed under state and federal 353 |
|---|
| 4542 | + | law. The report shall include, at a minimum: 354 |
|---|
| 4543 | + | (1) A list of all approved and disapproved applicants 355 |
|---|
| 4544 | + | for each tax credit; 356 |
|---|
| 4545 | + | (2) A list of the aggregate amount of new or retained 357 |
|---|
| 4546 | + | jobs that are directly attributable to the tax credits 358 |
|---|
| 4547 | + | authorized; 359 |
|---|
| 4548 | + | (3) A statement of the aggregate amount of new capital 360 |
|---|
| 4549 | + | investment directly attributable to the tax credits 361 |
|---|
| 4550 | + | authorized; 362 |
|---|
| 4551 | + | (4) Documentation of the estimated net state fiscal 363 |
|---|
| 4552 | + | benefit for each authorized project and, to the extent 364 SB 757 139 |
|---|
| 4553 | + | available, the actual benefit realized upon completion of 365 |
|---|
| 4554 | + | such project or activity; and 366 |
|---|
| 4555 | + | (5) The department's response time for each request 367 |
|---|
| 4556 | + | for a proposed benefit award under this program. 368 |
|---|
| 4557 | + | 17. The department may adopt such rules, statements of 369 |
|---|
| 4558 | + | policy, procedures, forms, and guidelines as may be 370 |
|---|
| 4559 | + | necessary to carry out the provisions of sections 620.2000 371 |
|---|
| 4560 | + | to 620.2020. Any rule or portion of a rule, as that term is 372 |
|---|
| 4561 | + | defined in section 536.010, that is created under the 373 |
|---|
| 4562 | + | authority delegated in this section shall become effective 374 |
|---|
| 4563 | + | only if it complies with and is subjec t to all of the 375 |
|---|
| 4564 | + | provisions of chapter 536 and, if applicable, section 376 |
|---|
| 4565 | + | 536.028. This section and chapter 536 are nonseverable and 377 |
|---|
| 4566 | + | if any of the powers vested with the general assembly 378 |
|---|
| 4567 | + | pursuant to chapter 536 to review, to delay the effective 379 |
|---|
| 4568 | + | date, or to disapprove and annul a rule are subsequently 380 |
|---|
| 4569 | + | held unconstitutional, then the grant of rulemaking 381 |
|---|
| 4570 | + | authority and any rule proposed or adopted after August 28, 382 |
|---|
| 4571 | + | 2013, shall be invalid and void. 383 |
|---|
| 4572 | + | 18. Under section 23.253 of the Missouri sunset act: 384 |
|---|
| 4573 | + | (1) The provisions of the program authorized under 385 |
|---|
| 4574 | + | sections 620.2000 to 620.2020 shall be reauthorized as of 386 |
|---|
| 4575 | + | August 28, 2018, and shall expire on August 28, 2030; and 387 |
|---|
| 4576 | + | (2) If such program is reauthorized, the program 388 |
|---|
| 4577 | + | authorized under this sect ion shall automatically sunset 389 |
|---|
| 4578 | + | twelve years after the effective date of the reauthorization 390 |
|---|
| 4579 | + | of sections 620.2000 to 620.2020; and 391 |
|---|
| 4580 | + | (3) Sections 620.2000 to 620.2020 shall terminate on 392 |
|---|
| 4581 | + | September first of the calendar year immediately following 393 |
|---|
| 4582 | + | the calendar year in which the program authorized under 394 |
|---|
| 4583 | + | sections 620.2000 to 620.2020 is sunset. 395 SB 757 140 |
|---|
| 4584 | + | 630.717. 1. Any residential facility or day program 1 |
|---|
| 4585 | + | which provides services exclusively to those persons 2 |
|---|
| 4586 | + | affected by alcohol or drug abuse shall be exempt from 3 |
|---|
| 4587 | + | licensure rules promulgated by the department. 4 |
|---|
| 4588 | + | 2. Any residential facility or day program which 5 |
|---|
| 4589 | + | offers services, treatment or rehabilitation to persons 6 |
|---|
| 4590 | + | affected by alcohol or drug abuse shall submit to the 7 |
|---|
| 4591 | + | department a description of the services, treatment or 8 |
|---|
| 4592 | + | rehabilitation which it offers, a statement of whether each 9 |
|---|
| 4593 | + | facility or program is required to meet any fire -safety 10 |
|---|
| 4594 | + | standards of a municipality, political subdivision of the 11 |
|---|
| 4595 | + | state, and documentation of compliance wit h such standards, 12 |
|---|
| 4596 | + | if they apply. 13 |
|---|
| 4597 | + | 3. [The department shall survey all such facilities 14 |
|---|
| 4598 | + | and programs and shall prepare a report for submission to 15 |
|---|
| 4599 | + | the general assembly of actions necessary to bring such 16 |
|---|
| 4600 | + | facilities and programs in compliance with fire -safety 17 |
|---|
| 4601 | + | standards developed by the department for certification. 18 |
|---|
| 4602 | + | The report shall be filed with the speaker of the house and 19 |
|---|
| 4603 | + | the president pro tem of the senate by January 1, 1983. 20 |
|---|
| 4604 | + | 4.] Failure of a facility or program to submit 21 |
|---|
| 4605 | + | information requested by the department and required by this 22 |
|---|
| 4606 | + | section shall disqualify such facility or program from 23 |
|---|
| 4607 | + | receiving department certification or funding until such 24 |
|---|
| 4608 | + | information is submitted. 25 |
|---|
| 4609 | + | [21.851. 1. There is hereby established a 1 |
|---|
| 4610 | + | joint committee of the general assembly, which 2 |
|---|
| 4611 | + | shall be known as the "Joint Committee on 3 |
|---|
| 4612 | + | Disaster Preparedness and Awareness" and shall 4 |
|---|
| 4613 | + | be composed of the following members: 5 |
|---|
| 4614 | + | (1) Three members of the senate to be 6 |
|---|
| 4615 | + | appointed by the president pro tempore of the 7 |
|---|
| 4616 | + | senate; 8 SB 757 141 |
|---|
| 4617 | + | (2) Two members of the senate to be 9 |
|---|
| 4618 | + | appointed by the minority floor leader of the 10 |
|---|
| 4619 | + | senate; 11 |
|---|
| 4620 | + | (3) Three members of the house of 12 |
|---|
| 4621 | + | representatives to be appointed by the speaker 13 |
|---|
| 4622 | + | of the house of representatives; 14 |
|---|
| 4623 | + | (4) Two members of the house of 15 |
|---|
| 4624 | + | representatives to be appointed by the minority 16 |
|---|
| 4625 | + | floor leader of the house of representatives; 17 |
|---|
| 4626 | + | (5) The director of the department of 18 |
|---|
| 4627 | + | public safety, or his or her designee; 19 |
|---|
| 4628 | + | (6) The director of the department of 20 |
|---|
| 4629 | + | agriculture, or his or her designee; and 21 |
|---|
| 4630 | + | (7) The adjutant general of the state, or 22 |
|---|
| 4631 | + | his or her designee. 23 |
|---|
| 4632 | + | 2. A majority of the members of the 24 |
|---|
| 4633 | + | committee shall constitute a quorum, but the 25 |
|---|
| 4634 | + | concurrence of a majority of the members shall 26 |
|---|
| 4635 | + | be required for the det ermination of any matter 27 |
|---|
| 4636 | + | within the committee's duties. 28 |
|---|
| 4637 | + | 3. The joint committee shall make a 29 |
|---|
| 4638 | + | continuous study and investigation into issues 30 |
|---|
| 4639 | + | relating to disaster preparedness and awareness 31 |
|---|
| 4640 | + | including, but not limited to, the following 32 |
|---|
| 4641 | + | areas: 33 |
|---|
| 4642 | + | (1) Natural and manmade disasters; 34 |
|---|
| 4643 | + | (2) State and local preparedness for 35 |
|---|
| 4644 | + | floods; 36 |
|---|
| 4645 | + | (3) State and local preparedness for 37 |
|---|
| 4646 | + | tornados, blizzards, and other severe storms; 38 |
|---|
| 4647 | + | (4) Food and energy resiliency; 39 |
|---|
| 4648 | + | (5) Cybersecurity; 40 |
|---|
| 4649 | + | (6) The budget reserve fund established 41 |
|---|
| 4650 | + | under Article IV, Section 27(a) of the Missouri 42 |
|---|
| 4651 | + | Constitution; 43 |
|---|
| 4652 | + | (7) The protection of vulnerable 44 |
|---|
| 4653 | + | populations in intermediate care facilities and 45 |
|---|
| 4654 | + | skilled nursing facilities as those terms are 46 |
|---|
| 4655 | + | defined in section 198.006 ; and 47 |
|---|
| 4656 | + | (8) Premises that have been previously 48 |
|---|
| 4657 | + | contaminated with radioactive material. 49 |
|---|
| 4658 | + | 4. The joint committee shall compile a 50 |
|---|
| 4659 | + | full report of its activities for submission to 51 |
|---|
| 4660 | + | the general assembly. The report shall be 52 SB 757 142 |
|---|
| 4661 | + | submitted not later than January first of even - 53 |
|---|
| 4662 | + | numbered years and may include any 54 |
|---|
| 4663 | + | recommendations which the committee may have for 55 |
|---|
| 4664 | + | legislative action. The report may also include 56 |
|---|
| 4665 | + | an analysis and statement of the manner in which 57 |
|---|
| 4666 | + | statutory provisions relating to disaster 58 |
|---|
| 4667 | + | preparedness and awareness are being executed. 59 |
|---|
| 4668 | + | 5. The joint committee may employ such 60 |
|---|
| 4669 | + | personnel as it deems necessary to carry out the 61 |
|---|
| 4670 | + | duties imposed by this section, within the 62 |
|---|
| 4671 | + | limits of any appropriation for such purpose. 63 |
|---|
| 4672 | + | 6. The members of the committee shall 64 |
|---|
| 4673 | + | serve without compensation, but any actual and 65 |
|---|
| 4674 | + | necessary expenses incurred in the performance 66 |
|---|
| 4675 | + | of the committee's official duties by the joint 67 |
|---|
| 4676 | + | committee, its members, and any staff assigned 68 |
|---|
| 4677 | + | to the committee shall be paid from the joint 69 |
|---|
| 4678 | + | contingent fund. 70 |
|---|
| 4679 | + | 7. This section shall expire on December 71 |
|---|
| 4680 | + | 31, 2022.] 72 |
|---|
| 4681 | + | [32.088. 1. There is hereby created the 1 |
|---|
| 4682 | + | "Missouri Task Force on Fair, Nondiscriminatory 2 |
|---|
| 4683 | + | Local Taxation Concerning Motor Vehicles, 3 |
|---|
| 4684 | + | Trailers, Boats, and Out board Motors" to consist 4 |
|---|
| 4685 | + | of the following members: 5 |
|---|
| 4686 | + | (1) The following six members of the 6 |
|---|
| 4687 | + | general assembly: 7 |
|---|
| 4688 | + | (a) Three members of the house of 8 |
|---|
| 4689 | + | representatives, with no more than two members 9 |
|---|
| 4690 | + | from the same political party and each member to 10 |
|---|
| 4691 | + | be appointed by the speaker of the house of 11 |
|---|
| 4692 | + | representatives; and 12 |
|---|
| 4693 | + | (b) Three members of the senate, with no 13 |
|---|
| 4694 | + | more than two members from the same political 14 |
|---|
| 4695 | + | party and each member to be appointed by the 15 |
|---|
| 4696 | + | president pro tempore of the senate; 16 |
|---|
| 4697 | + | (2) The director of the department of 17 |
|---|
| 4698 | + | revenue or the director's designee; 18 |
|---|
| 4699 | + | (3) Two Missouri motor vehicle dealers, 19 |
|---|
| 4700 | + | with one to be appointed by the speaker of the 20 |
|---|
| 4701 | + | house of representatives and one to be appointed 21 |
|---|
| 4702 | + | by the president pro tempore of the senate; 22 SB 757 143 |
|---|
| 4703 | + | (4) Two representatives from Missouri 23 |
|---|
| 4704 | + | county governments, with one to be appointed by 24 |
|---|
| 4705 | + | the speaker of the house of representatives and 25 |
|---|
| 4706 | + | one to be appointed by the president pro tempore 26 |
|---|
| 4707 | + | of the senate; 27 |
|---|
| 4708 | + | (5) Two representatives from Missouri city 28 |
|---|
| 4709 | + | governments, with one to be appointed by the 29 |
|---|
| 4710 | + | speaker of the house of representatives and one 30 |
|---|
| 4711 | + | to be appointed by the president pro tempore of 31 |
|---|
| 4712 | + | the senate; and 32 |
|---|
| 4713 | + | (6) One Missouri marine dealer, to be 33 |
|---|
| 4714 | + | appointed by the speaker of the house of 34 |
|---|
| 4715 | + | representatives. 35 |
|---|
| 4716 | + | 2. The task force shall meet within thirty 36 |
|---|
| 4717 | + | days after its creation and organize by 37 |
|---|
| 4718 | + | selecting a chair and a vice chair, one of whom 38 |
|---|
| 4719 | + | shall be a member of the senate and the other of 39 |
|---|
| 4720 | + | whom shall be a member of the house of 40 |
|---|
| 4721 | + | representatives. The chair shall designate a 41 |
|---|
| 4722 | + | person to keep the records of the task force. A 42 |
|---|
| 4723 | + | majority of the task force constitutes a quorum 43 |
|---|
| 4724 | + | and a majority vote of a quorum is required for 44 |
|---|
| 4725 | + | any action. 45 |
|---|
| 4726 | + | 3. The task force shall meet at least 46 |
|---|
| 4727 | + | quarterly. However, the task force shall meet 47 |
|---|
| 4728 | + | at least monthly during each term of the general 48 |
|---|
| 4729 | + | assembly. Meetings may be held by telephone or 49 |
|---|
| 4730 | + | video conference at the discretion of the chair. 50 |
|---|
| 4731 | + | 4. Members shall serve on the task force 51 |
|---|
| 4732 | + | without compensation but may, sub ject to 52 |
|---|
| 4733 | + | appropriation, be reimbursed for actual and 53 |
|---|
| 4734 | + | necessary expenses incurred in the performance 54 |
|---|
| 4735 | + | of their official duties as members of the task 55 |
|---|
| 4736 | + | force. 56 |
|---|
| 4737 | + | 5. The goals of the task force shall 57 |
|---|
| 4738 | + | address: 58 |
|---|
| 4739 | + | (1) The disparity in taxation that 59 |
|---|
| 4740 | + | resulted from the Missouri Supreme Court's 60 |
|---|
| 4741 | + | decision in Street v. Director of Revenue, 361 61 |
|---|
| 4742 | + | S.W.3d 355 (Mo. en banc 2012), concerning the 62 |
|---|
| 4743 | + | local taxation of motor vehicles, boats, 63 |
|---|
| 4744 | + | trailers, and outboard motors if purchased from 64 |
|---|
| 4745 | + | a source other than a license d Missouri dealer; 65 SB 757 144 |
|---|
| 4746 | + | (2) The need for local jurisdictions to 66 |
|---|
| 4747 | + | continue to receive revenue to provide vital 67 |
|---|
| 4748 | + | services restored by S.B. 23, effective July 5, 68 |
|---|
| 4749 | + | 2013; and 69 |
|---|
| 4750 | + | (3) The need to avoid placing Missouri 70 |
|---|
| 4751 | + | dealers of motor vehicles, outboard mot ors, 71 |
|---|
| 4752 | + | boats, and trailers at a competitive 72 |
|---|
| 4753 | + | disadvantage to non-Missouri dealers of motor 73 |
|---|
| 4754 | + | vehicles, outboard motors, boats, and trailers. 74 |
|---|
| 4755 | + | 6. The task force shall: 75 |
|---|
| 4756 | + | (1) Review evidence regarding the methods 76 |
|---|
| 4757 | + | to address the goals of the task forc e; 77 |
|---|
| 4758 | + | (2) Review the methods used by other 78 |
|---|
| 4759 | + | states to address the goals of the task force; 79 |
|---|
| 4760 | + | (3) Review the impact of the disparity of 80 |
|---|
| 4761 | + | treatment on Missouri dealers; and 81 |
|---|
| 4762 | + | (4) Develop legislation that will not 82 |
|---|
| 4763 | + | discriminate against Missouri dea lers and will 83 |
|---|
| 4764 | + | safeguard local revenue to provide vital local 84 |
|---|
| 4765 | + | services. 85 |
|---|
| 4766 | + | 7. On or before December 31, 2017, the 86 |
|---|
| 4767 | + | task force shall submit a report on its findings 87 |
|---|
| 4768 | + | to the governor and general assembly. The 88 |
|---|
| 4769 | + | report shall include any dissenting opinion s in 89 |
|---|
| 4770 | + | addition to any majority opinions. 90 |
|---|
| 4771 | + | 8. The task force shall expire on January 91 |
|---|
| 4772 | + | 1, 2018, or upon submission of a report under 92 |
|---|
| 4773 | + | subsection 7 of this section, whichever is 93 |
|---|
| 4774 | + | earlier.] 94 |
|---|
| 4775 | + | [67.5125. By December 31, 2018, the 1 |
|---|
| 4776 | + | department of revenue shall prepare and deliver 2 |
|---|
| 4777 | + | a report to the general assembly on the amount 3 |
|---|
| 4778 | + | of revenue collected by local governments for 4 |
|---|
| 4779 | + | the previous three fiscal years from 5 |
|---|
| 4780 | + | communications service providers, as such term 6 |
|---|
| 4781 | + | is defined in section 67.5111; a d irect-to-home 7 |
|---|
| 4782 | + | satellite service, as defined in Public Law 104 - 8 |
|---|
| 4783 | + | 104, Title VI, Section 602; and any video 9 |
|---|
| 4784 | + | service provided through electronic commerce, as 10 |
|---|
| 4785 | + | defined in Public Law 105 -277, Title XI, as 11 |
|---|
| 4786 | + | amended, Section 1105(3), from video fees, 12 |
|---|
| 4787 | + | linear-foot fees, antenna fees, sales and use 13 |
|---|
| 4788 | + | taxes, gross receipts taxes, business license 14 SB 757 145 |
|---|
| 4789 | + | fees, business license taxes, or any other taxes 15 |
|---|
| 4790 | + | or fees assessed to such providers. ] 16 |
|---|
| 4791 | + | [99.1205. 1. This section shall be known 1 |
|---|
| 4792 | + | and may be cited as th e "Distressed Areas Land 2 |
|---|
| 4793 | + | Assemblage Tax Credit Act". 3 |
|---|
| 4794 | + | 2. As used in this section, the following 4 |
|---|
| 4795 | + | terms mean: 5 |
|---|
| 4796 | + | (1) "Acquisition costs", the purchase 6 |
|---|
| 4797 | + | price for the eligible parcel, costs of 7 |
|---|
| 4798 | + | environmental assessments, closing costs, real 8 |
|---|
| 4799 | + | estate brokerage fees, reasonable demolition 9 |
|---|
| 4800 | + | costs of vacant structures, and reasonable 10 |
|---|
| 4801 | + | maintenance costs incurred to maintain an 11 |
|---|
| 4802 | + | acquired eligible parcel for a period of five 12 |
|---|
| 4803 | + | years after the acquisition of such eligible 13 |
|---|
| 4804 | + | parcel. Acquisition costs shall not include 14 |
|---|
| 4805 | + | costs for title insurance and survey, attorney's 15 |
|---|
| 4806 | + | fees, relocation costs, fines, or bills from a 16 |
|---|
| 4807 | + | municipality; 17 |
|---|
| 4808 | + | (2) "Applicant", any person, firm, 18 |
|---|
| 4809 | + | partnership, trust, limited liability company, 19 |
|---|
| 4810 | + | or corporation which has: 20 |
|---|
| 4811 | + | (a) Incurred, within an eligible project 21 |
|---|
| 4812 | + | area, acquisition costs for the acquisition of 22 |
|---|
| 4813 | + | land sufficient to satisfy the requirements 23 |
|---|
| 4814 | + | under subdivision (8) of this subsection; and 24 |
|---|
| 4815 | + | (b) Been appointed or selected, pursuant 25 |
|---|
| 4816 | + | to a redevelopment agreement by a munici pal 26 |
|---|
| 4817 | + | authority, as a redeveloper or similar 27 |
|---|
| 4818 | + | designation, under an economic incentive law, to 28 |
|---|
| 4819 | + | redevelop an urban renewal area or a 29 |
|---|
| 4820 | + | redevelopment area that includes all of an 30 |
|---|
| 4821 | + | eligible project area or whose redevelopment 31 |
|---|
| 4822 | + | plan or redevelopment area, which encompasses 32 |
|---|
| 4823 | + | all of an eligible project area, has been 33 |
|---|
| 4824 | + | approved or adopted under an economic incentive 34 |
|---|
| 4825 | + | law. In addition to being designated the 35 |
|---|
| 4826 | + | redeveloper, the applicant shall have been 36 |
|---|
| 4827 | + | designated to receive economic incentives only 37 |
|---|
| 4828 | + | after the municipal authority has considered the 38 |
|---|
| 4829 | + | amount of the tax credits in adopting such 39 |
|---|
| 4830 | + | economic incentives as provided in subsection 8 40 SB 757 146 |
|---|
| 4831 | + | of this section. The redevelopment agreement 41 |
|---|
| 4832 | + | shall provide that: 42 |
|---|
| 4833 | + | a. The funds generated through the use or 43 |
|---|
| 4834 | + | sale of the tax credits issued under this 44 |
|---|
| 4835 | + | section shall be used to redevelop the eligible 45 |
|---|
| 4836 | + | project area; 46 |
|---|
| 4837 | + | b. No more than seventy -five percent of 47 |
|---|
| 4838 | + | the urban renewal area identified in the urban 48 |
|---|
| 4839 | + | renewal plan or the redevelopment area 49 |
|---|
| 4840 | + | identified in the redevelop ment plan may be 50 |
|---|
| 4841 | + | redeveloped by the applicant; and 51 |
|---|
| 4842 | + | c. The remainder of the urban renewal area 52 |
|---|
| 4843 | + | or the redevelopment area shall be redeveloped 53 |
|---|
| 4844 | + | by co-redevelopers or redevelopers to whom the 54 |
|---|
| 4845 | + | applicant has assigned its redevelopment rights 55 |
|---|
| 4846 | + | and obligations under the urban renewal plan or 56 |
|---|
| 4847 | + | the redevelopment plan; 57 |
|---|
| 4848 | + | (3) "Certificate", a tax credit 58 |
|---|
| 4849 | + | certificate issued under this section; 59 |
|---|
| 4850 | + | (4) "Condemnation proceedings", any action 60 |
|---|
| 4851 | + | taken by, or on behalf of, an applicant to 61 |
|---|
| 4852 | + | initiate an action i n a court of competent 62 |
|---|
| 4853 | + | jurisdiction to use the power of eminent domain 63 |
|---|
| 4854 | + | to acquire a parcel within the eligible project 64 |
|---|
| 4855 | + | area. Condemnation proceedings shall include 65 |
|---|
| 4856 | + | any and all actions taken after the submission 66 |
|---|
| 4857 | + | of a notice of intended acquisition to an owner 67 |
|---|
| 4858 | + | of a parcel within the eligible project area by 68 |
|---|
| 4859 | + | a municipal authority or any other person or 69 |
|---|
| 4860 | + | entity under section 523.250; 70 |
|---|
| 4861 | + | (5) "Department", the Missouri department 71 |
|---|
| 4862 | + | of economic development; 72 |
|---|
| 4863 | + | (6) "Economic incentive laws", any 73 |
|---|
| 4864 | + | provision of Missouri law pursuant to which 74 |
|---|
| 4865 | + | economic incentives are provided to redevelopers 75 |
|---|
| 4866 | + | of a parcel or parcels to redevelop the land, 76 |
|---|
| 4867 | + | such as tax abatement or payments in lieu of 77 |
|---|
| 4868 | + | taxes, or redevelopment plans or redevelopment 78 |
|---|
| 4869 | + | projects approved or adop ted which include the 79 |
|---|
| 4870 | + | use of economic incentives to redevelop the 80 |
|---|
| 4871 | + | land. Economic incentive laws include, but are 81 |
|---|
| 4872 | + | not limited to, the land clearance for 82 |
|---|
| 4873 | + | redevelopment authority law under sections 83 |
|---|
| 4874 | + | 99.300 to 99.660, the real property tax 84 SB 757 147 |
|---|
| 4875 | + | increment allocation redevelopment act under 85 |
|---|
| 4876 | + | sections 99.800 to 99.865, the Missouri downtown 86 |
|---|
| 4877 | + | and rural economic stimulus act under sections 87 |
|---|
| 4878 | + | 99.915 to 99.1060, and the downtown 88 |
|---|
| 4879 | + | revitalization preservation program under 89 |
|---|
| 4880 | + | sections 99.1080 to 99.1092; 90 |
|---|
| 4881 | + | (7) "Eligible parcel", a parcel: 91 |
|---|
| 4882 | + | (a) Which is located within an eligible 92 |
|---|
| 4883 | + | project area; 93 |
|---|
| 4884 | + | (b) Which is to be redeveloped; 94 |
|---|
| 4885 | + | (c) On which the applicant has not 95 |
|---|
| 4886 | + | commenced construction prior to November 28, 96 |
|---|
| 4887 | + | 2007; 97 |
|---|
| 4888 | + | (d) Which has been acquired without the 98 |
|---|
| 4889 | + | commencement of any condemnation proceedings 99 |
|---|
| 4890 | + | with respect to such parcel brought by or on 100 |
|---|
| 4891 | + | behalf of the applicant. Any parcel acquired by 101 |
|---|
| 4892 | + | the applicant from a municipal authority shall 102 |
|---|
| 4893 | + | not constitute an eligible parcel; and 103 |
|---|
| 4894 | + | (e) On which all outstanding taxes, fines, 104 |
|---|
| 4895 | + | and bills levied by municipal governments that 105 |
|---|
| 4896 | + | were levied by the municipality during the time 106 |
|---|
| 4897 | + | period that the applicant held title to the 107 |
|---|
| 4898 | + | eligible parcel have been paid in full; 108 |
|---|
| 4899 | + | (8) "Eligible project area", an area wh ich 109 |
|---|
| 4900 | + | shall have satisfied the following requirements: 110 |
|---|
| 4901 | + | (a) The eligible project area shall 111 |
|---|
| 4902 | + | consist of at least seventy -five acres and may 112 |
|---|
| 4903 | + | include parcels within its boundaries that do 113 |
|---|
| 4904 | + | not constitute an eligible parcel; 114 |
|---|
| 4905 | + | (b) At least eighty percent of the 115 |
|---|
| 4906 | + | eligible project area shall be located within a 116 |
|---|
| 4907 | + | Missouri qualified census tract area, as 117 |
|---|
| 4908 | + | designated by the United States Department of 118 |
|---|
| 4909 | + | Housing and Urban Development under 26 U.S.C. 119 |
|---|
| 4910 | + | Section 42, or within a distressed community as 120 |
|---|
| 4911 | + | that term is defined in section 135.530; 121 |
|---|
| 4912 | + | (c) The eligible parcels acquired by the 122 |
|---|
| 4913 | + | applicant within the eligible project area shall 123 |
|---|
| 4914 | + | total at least fifty acres, which may consist of 124 |
|---|
| 4915 | + | contiguous and noncontiguous parcels; 125 |
|---|
| 4916 | + | (d) The average number of parce ls per acre 126 |
|---|
| 4917 | + | in an eligible project area shall be four or 127 |
|---|
| 4918 | + | more; 128 SB 757 148 |
|---|
| 4919 | + | (e) Less than five percent of the acreage 129 |
|---|
| 4920 | + | within the boundaries of the eligible project 130 |
|---|
| 4921 | + | area shall consist of owner -occupied residences 131 |
|---|
| 4922 | + | which the applicant has identified for 132 |
|---|
| 4923 | + | acquisition under the urban renewal plan or the 133 |
|---|
| 4924 | + | redevelopment plan pursuant to which the 134 |
|---|
| 4925 | + | applicant was appointed or selected as the 135 |
|---|
| 4926 | + | redeveloper or by which the person or entity was 136 |
|---|
| 4927 | + | qualified as an applicant under this section on 137 |
|---|
| 4928 | + | the date of the approval or adoption of such 138 |
|---|
| 4929 | + | plan; 139 |
|---|
| 4930 | + | (9) "Interest costs", interest, loan fees, 140 |
|---|
| 4931 | + | and closing costs. Interest costs shall not 141 |
|---|
| 4932 | + | include attorney's fees; 142 |
|---|
| 4933 | + | (10) "Maintenance costs", costs of 143 |
|---|
| 4934 | + | boarding up and securing vacant structures, 144 |
|---|
| 4935 | + | costs of removing trash, and costs of cutting 145 |
|---|
| 4936 | + | grass and weeds; 146 |
|---|
| 4937 | + | (11) "Municipal authority", any city, 147 |
|---|
| 4938 | + | town, village, county, public body corporate and 148 |
|---|
| 4939 | + | politic, political subdivision, or land trust of 149 |
|---|
| 4940 | + | this state established and authorized to own 150 |
|---|
| 4941 | + | land within the state; 151 |
|---|
| 4942 | + | (12) "Municipality", any city, town, 152 |
|---|
| 4943 | + | village, or county; 153 |
|---|
| 4944 | + | (13) "Parcel", a single lot or tract of 154 |
|---|
| 4945 | + | land, and the improvements thereon, owned by, or 155 |
|---|
| 4946 | + | recorded as the property of, one or more persons 156 |
|---|
| 4947 | + | or entities; 157 |
|---|
| 4948 | + | (14) "Redeveloped", the proc ess of 158 |
|---|
| 4949 | + | undertaking and carrying out a redevelopment 159 |
|---|
| 4950 | + | plan or urban renewal plan pursuant to which the 160 |
|---|
| 4951 | + | conditions which provided the basis for an 161 |
|---|
| 4952 | + | eligible project area to be included in a 162 |
|---|
| 4953 | + | redevelopment plan or urban renewal plan are to 163 |
|---|
| 4954 | + | be reduced or eliminated by redevelopment or 164 |
|---|
| 4955 | + | rehabilitation; and 165 |
|---|
| 4956 | + | (15) "Redevelopment agreement", the 166 |
|---|
| 4957 | + | redevelopment agreement or similar agreement 167 |
|---|
| 4958 | + | into which the applicant entered with a 168 |
|---|
| 4959 | + | municipal authority and which is the agreement 169 |
|---|
| 4960 | + | for the implementation of th e urban renewal plan 170 |
|---|
| 4961 | + | or redevelopment plan pursuant to which the 171 |
|---|
| 4962 | + | applicant was appointed or selected as the 172 SB 757 149 |
|---|
| 4963 | + | redeveloper or by which the person or entity was 173 |
|---|
| 4964 | + | qualified as an applicant under this section; 174 |
|---|
| 4965 | + | and such appointment or selection shall have 175 |
|---|
| 4966 | + | been approved by an ordinance of the governing 176 |
|---|
| 4967 | + | body of the municipality, or municipalities, or 177 |
|---|
| 4968 | + | in the case of any city not within a county, the 178 |
|---|
| 4969 | + | board of aldermen, in which the eligible project 179 |
|---|
| 4970 | + | area is located. The redevelopment agreement 180 |
|---|
| 4971 | + | shall include a time line for redevelopment of 181 |
|---|
| 4972 | + | the eligible project area. The redevelopment 182 |
|---|
| 4973 | + | agreement shall state that the named developer 183 |
|---|
| 4974 | + | shall be subject to the provisions of chapter 184 |
|---|
| 4975 | + | 290. 185 |
|---|
| 4976 | + | 3. Any applicant shall be entitled to a 186 |
|---|
| 4977 | + | tax credit against the taxes imposed under 187 |
|---|
| 4978 | + | chapters 143, 147, and 148, except for sections 188 |
|---|
| 4979 | + | 143.191 to 143.265, in an amount equal to fifty 189 |
|---|
| 4980 | + | percent of the acquisition costs, and one 190 |
|---|
| 4981 | + | hundred percent of the interest costs incurred 191 |
|---|
| 4982 | + | for a period of five years after the acquisition 192 |
|---|
| 4983 | + | of an eligible parcel. No tax credits shall be 193 |
|---|
| 4984 | + | issued under this section until after January 1, 194 |
|---|
| 4985 | + | 2008. 195 |
|---|
| 4986 | + | 4. If the amount of such tax credit 196 |
|---|
| 4987 | + | exceeds the total tax liability for the year in 197 |
|---|
| 4988 | + | which the applicant is entitled to receive a tax 198 |
|---|
| 4989 | + | credit, the amount that exceeds the state tax 199 |
|---|
| 4990 | + | liability may be carried forward for credit 200 |
|---|
| 4991 | + | against the taxes imposed under chapters 143, 201 |
|---|
| 4992 | + | 147, and 148 for the succeeding six years, or 202 |
|---|
| 4993 | + | until the full credit is used, whichever occurs 203 |
|---|
| 4994 | + | first. The applicant shall not be entitled to a 204 |
|---|
| 4995 | + | tax credit for taxes imposed under sections 205 |
|---|
| 4996 | + | 143.191 to 143.265. Applicants entitled to 206 |
|---|
| 4997 | + | receive such tax credits may transfer, sell, or 207 |
|---|
| 4998 | + | assign the tax credits. Tax credits granted to 208 |
|---|
| 4999 | + | a partnership, a limited liability company taxed 209 |
|---|
| 5000 | + | as a partnership, or multiple owners of property 210 |
|---|
| 5001 | + | shall be passed through to the partners, 211 |
|---|
| 5002 | + | members, or owners respectively pro rata or 212 |
|---|
| 5003 | + | pursuant to an executed agreement among the 213 |
|---|
| 5004 | + | partners, members, or owners documenting an 214 |
|---|
| 5005 | + | alternate distribution metho d. 215 SB 757 150 |
|---|
| 5006 | + | 5. A purchaser, transferee, or assignee of 216 |
|---|
| 5007 | + | the tax credits authorized under this section 217 |
|---|
| 5008 | + | may use acquired tax credits to offset up to one 218 |
|---|
| 5009 | + | hundred percent of the tax liabilities otherwise 219 |
|---|
| 5010 | + | imposed under chapters 143, 147, and 148, except 220 |
|---|
| 5011 | + | for sections 143.191 to 143.265. A seller, 221 |
|---|
| 5012 | + | transferor, or assignor shall perfect such 222 |
|---|
| 5013 | + | transfer by notifying the department in writing 223 |
|---|
| 5014 | + | within thirty calendar days following the 224 |
|---|
| 5015 | + | effective date of the transfer and shall provide 225 |
|---|
| 5016 | + | any information as may be requi red by the 226 |
|---|
| 5017 | + | department to administer and carry out the 227 |
|---|
| 5018 | + | provisions of this section. 228 |
|---|
| 5019 | + | 6. To claim tax credits authorized under 229 |
|---|
| 5020 | + | this section, an applicant shall submit to the 230 |
|---|
| 5021 | + | department an application for a certificate. An 231 |
|---|
| 5022 | + | applicant shall identify t he boundaries of the 232 |
|---|
| 5023 | + | eligible project area in the application. The 233 |
|---|
| 5024 | + | department shall verify that the applicant has 234 |
|---|
| 5025 | + | submitted a valid application in the form and 235 |
|---|
| 5026 | + | format required by the department. The 236 |
|---|
| 5027 | + | department shall verify that the municipal 237 |
|---|
| 5028 | + | authority held the requisite hearings and gave 238 |
|---|
| 5029 | + | the requisite notices for such hearings in 239 |
|---|
| 5030 | + | accordance with the applicable economic 240 |
|---|
| 5031 | + | incentive act, and municipal ordinances. On an 241 |
|---|
| 5032 | + | annual basis, an applicant may file for the tax 242 |
|---|
| 5033 | + | credit for the acquisition cost s, and for the 243 |
|---|
| 5034 | + | tax credit for the interest costs, subject to 244 |
|---|
| 5035 | + | the limitations of this section. If an 245 |
|---|
| 5036 | + | applicant applying for the tax credit meets the 246 |
|---|
| 5037 | + | criteria required under this section, the 247 |
|---|
| 5038 | + | department shall issue a certificate in the 248 |
|---|
| 5039 | + | appropriate amount. If an applicant receives a 249 |
|---|
| 5040 | + | tax credit for maintenance costs as a part of 250 |
|---|
| 5041 | + | the applicant's acquisition costs, the 251 |
|---|
| 5042 | + | department shall post on its internet website 252 |
|---|
| 5043 | + | the amount and type of maintenance costs and a 253 |
|---|
| 5044 | + | description of the redevelopment project for 254 |
|---|
| 5045 | + | which the applicant received a tax credit within 255 |
|---|
| 5046 | + | thirty days after the department issues the 256 |
|---|
| 5047 | + | certificate to the applicant. 257 |
|---|
| 5048 | + | 7. The total aggregate amount of tax 258 |
|---|
| 5049 | + | credits authorized under this section shall not 259 SB 757 151 |
|---|
| 5050 | + | exceed ninety-five million dollars. At no time 260 |
|---|
| 5051 | + | shall the annual amount of the tax credits 261 |
|---|
| 5052 | + | issued under this section exceed twenty million 262 |
|---|
| 5053 | + | dollars. If the tax credits that are to be 263 |
|---|
| 5054 | + | issued under this section exceed, in any year, 264 |
|---|
| 5055 | + | the twenty million dollar limitation, the 265 |
|---|
| 5056 | + | department shall either: 266 |
|---|
| 5057 | + | (1) Issue tax credits to the applicant in 267 |
|---|
| 5058 | + | the amount of twenty million dollars, if there 268 |
|---|
| 5059 | + | is only one applicant entitled to receive tax 269 |
|---|
| 5060 | + | credits in that year; or 270 |
|---|
| 5061 | + | (2) Issue the tax credits on a pro rata 271 |
|---|
| 5062 | + | basis to all applicants e ntitled to receive tax 272 |
|---|
| 5063 | + | credits in that year. Any amount of tax 273 |
|---|
| 5064 | + | credits, which an applicant is, or applicants 274 |
|---|
| 5065 | + | are, entitled to receive on an annual basis and 275 |
|---|
| 5066 | + | are not issued due to the twenty million dollar 276 |
|---|
| 5067 | + | limitation, shall be carried forward for the 277 |
|---|
| 5068 | + | benefit of the applicant or applicants to 278 |
|---|
| 5069 | + | subsequent years. 279 |
|---|
| 5070 | + | No tax credits provided under this section shall 280 |
|---|
| 5071 | + | be authorized after August 28, 2013. Any tax 281 |
|---|
| 5072 | + | credits which have been authorized on or before 282 |
|---|
| 5073 | + | August 28, 2013, but not issued, may be issued , 283 |
|---|
| 5074 | + | subject to the limitations provided under this 284 |
|---|
| 5075 | + | subsection, until all such authorized tax 285 |
|---|
| 5076 | + | credits have been issued. 286 |
|---|
| 5077 | + | 8. Upon issuance of any tax credits 287 |
|---|
| 5078 | + | pursuant to this section, the department shall 288 |
|---|
| 5079 | + | report to the municipal authority the 289 |
|---|
| 5080 | + | applicant's name and address, the parcel numbers 290 |
|---|
| 5081 | + | of the eligible parcels for which the tax 291 |
|---|
| 5082 | + | credits were issued, the itemized acquisition 292 |
|---|
| 5083 | + | costs and interest costs for which tax credits 293 |
|---|
| 5084 | + | were issued, and the total value of the tax 294 |
|---|
| 5085 | + | credits issued. The municipal authority and the 295 |
|---|
| 5086 | + | state shall not consider the amount of the tax 296 |
|---|
| 5087 | + | credits as an applicant's cost, but shall 297 |
|---|
| 5088 | + | include the tax credits in any sources and uses 298 |
|---|
| 5089 | + | and cost benefit analysis reviewed or created 299 |
|---|
| 5090 | + | for the purpose of awarding other economic 300 |
|---|
| 5091 | + | incentives. The amount of the tax credits shall 301 |
|---|
| 5092 | + | not be considered an applicant's cost in the 302 |
|---|
| 5093 | + | evaluation of the amount of any award of any 303 SB 757 152 |
|---|
| 5094 | + | other economic incentives, but shall be 304 |
|---|
| 5095 | + | considered in measuring the reasonableness of 305 |
|---|
| 5096 | + | the rate of return to the appl icant with respect 306 |
|---|
| 5097 | + | to such award of other economic incentives. The 307 |
|---|
| 5098 | + | municipal authority shall provide the report to 308 |
|---|
| 5099 | + | any relevant commission, board, or entity 309 |
|---|
| 5100 | + | responsible for the evaluation and 310 |
|---|
| 5101 | + | recommendation or approval of other economic 311 |
|---|
| 5102 | + | incentives to assist in the redevelopment of the 312 |
|---|
| 5103 | + | eligible project area. Tax credits authorized 313 |
|---|
| 5104 | + | under this section shall constitute 314 |
|---|
| 5105 | + | redevelopment tax credits, as such term is 315 |
|---|
| 5106 | + | defined under section 135.800, and shall be 316 |
|---|
| 5107 | + | subject to all provisions applicable to 317 |
|---|
| 5108 | + | redevelopment tax credits provided under 318 |
|---|
| 5109 | + | sections 135.800 to 135.830. 319 |
|---|
| 5110 | + | 9. The department may promulgate rules to 320 |
|---|
| 5111 | + | implement the provisions of this section. Any 321 |
|---|
| 5112 | + | rule or portion of a rule, as that term is 322 |
|---|
| 5113 | + | defined in section 536.010, that is created 323 |
|---|
| 5114 | + | under the authority delegated in this section 324 |
|---|
| 5115 | + | shall become effective only if it complies with 325 |
|---|
| 5116 | + | and is subject to all of the provisions of 326 |
|---|
| 5117 | + | chapter 536 and, if applicable, section 327 |
|---|
| 5118 | + | 536.028. This section and chapter 536 are 328 |
|---|
| 5119 | + | nonseverable and if any of the po wers vested 329 |
|---|
| 5120 | + | with the general assembly pursuant to chapter 330 |
|---|
| 5121 | + | 536 to review, to delay the effective date, or 331 |
|---|
| 5122 | + | to disapprove and annul a rule are subsequently 332 |
|---|
| 5123 | + | held unconstitutional, then the grant of 333 |
|---|
| 5124 | + | rulemaking authority and any rule proposed or 334 |
|---|
| 5125 | + | adopted after August 28, 2007, shall be invalid 335 |
|---|
| 5126 | + | and void.] 336 |
|---|
| 5127 | + | [103.175. The board shall study and report 1 |
|---|
| 5128 | + | to the general assembly, on or before December 2 |
|---|
| 5129 | + | 15, 2003, on the feasibility of including in 3 |
|---|
| 5130 | + | this plan individuals who are employees of 4 |
|---|
| 5131 | + | eligible agencies which have not elected to join 5 |
|---|
| 5132 | + | the plan or who are retirees of school 6 |
|---|
| 5133 | + | districts.] 7 |
|---|
| 5134 | + | [103.178. 1. Beginning on a date 1 |
|---|
| 5135 | + | specified by the board of trustees of the 2 |
|---|
| 5136 | + | Missouri consolidated health care plan but not 3 SB 757 153 |
|---|
| 5137 | + | later than July 1, 1995, the Missouri 4 |
|---|
| 5138 | + | consolidated health care plan established under 5 |
|---|
| 5139 | + | section 103.005 shall implement a pilot project 6 |
|---|
| 5140 | + | to make available to those residing in the pilot 7 |
|---|
| 5141 | + | project area who are covered by the plan an 8 |
|---|
| 5142 | + | alternative system of benefits for t he treatment 9 |
|---|
| 5143 | + | of chemical dependency added to those benefits 10 |
|---|
| 5144 | + | regularly available to plan participants. The 11 |
|---|
| 5145 | + | benefits provided under the pilot project shall 12 |
|---|
| 5146 | + | be similar in scope and comprehensiveness, but 13 |
|---|
| 5147 | + | not limited to, the benefits provided for the 14 |
|---|
| 5148 | + | treatment and rehabilitation of persons who are 15 |
|---|
| 5149 | + | chemically dependent under the department of 16 |
|---|
| 5150 | + | mental health's comprehensive substance 17 |
|---|
| 5151 | + | treatment and rehabilitation program, popularly 18 |
|---|
| 5152 | + | described as the C-STAR program. Such a pilot 19 |
|---|
| 5153 | + | project shall operate for a period not to exceed 20 |
|---|
| 5154 | + | four years. To the extent that participation in 21 |
|---|
| 5155 | + | the pilot project incurs additional cost to a 22 |
|---|
| 5156 | + | person covered under the plan, participation 23 |
|---|
| 5157 | + | shall be voluntary. If no additional cost is 24 |
|---|
| 5158 | + | incurred, the alternative system of benef its may 25 |
|---|
| 5159 | + | be made in lieu of the regular benefits for the 26 |
|---|
| 5160 | + | services in the pilot project area. 27 |
|---|
| 5161 | + | 2. The Missouri state employees' 28 |
|---|
| 5162 | + | retirement system or the Missouri health care 29 |
|---|
| 5163 | + | plan, as appropriate, shall in cooperation with 30 |
|---|
| 5164 | + | the department of mental h ealth and the 31 |
|---|
| 5165 | + | department of commerce and insurance design the 32 |
|---|
| 5166 | + | pilot project so as to generate data to evaluate 33 |
|---|
| 5167 | + | the costs and benefits of providing coverage of 34 |
|---|
| 5168 | + | chemical dependency using an alternative set of 35 |
|---|
| 5169 | + | benefits as provided in this section. The 36 |
|---|
| 5170 | + | Missouri consolidated health care plan shall at 37 |
|---|
| 5171 | + | the completion of the pilot project submit to 38 |
|---|
| 5172 | + | the governor and the members of the general 39 |
|---|
| 5173 | + | assembly a report which describes the results of 40 |
|---|
| 5174 | + | the evaluation of this pilot project. As 41 |
|---|
| 5175 | + | authorized by appropri ations made for that 42 |
|---|
| 5176 | + | purpose, the Missouri state employees' 43 |
|---|
| 5177 | + | retirement system or the Missouri consolidated 44 |
|---|
| 5178 | + | health care plan may contract with persons to 45 |
|---|
| 5179 | + | conduct an independent evaluation of the pilot 46 |
|---|
| 5180 | + | project established in this section. ] 47 SB 757 154 |
|---|
| 5181 | + | [135.276. As used in sections 135.276 to 1 |
|---|
| 5182 | + | 135.283, the following terms mean: 2 |
|---|
| 5183 | + | (1) "Continuation of commercial 3 |
|---|
| 5184 | + | operations" shall be deemed to occur during the 4 |
|---|
| 5185 | + | first taxable year following the taxable year 5 |
|---|
| 5186 | + | during which the business entered in to an 6 |
|---|
| 5187 | + | agreement with the department pursuant to 7 |
|---|
| 5188 | + | section 135.283 in order to receive the tax 8 |
|---|
| 5189 | + | exemption, tax credits and refundable credits 9 |
|---|
| 5190 | + | authorized by sections 135.276 to 135.283; 10 |
|---|
| 5191 | + | (2) "Department", the department of 11 |
|---|
| 5192 | + | economic development; 12 |
|---|
| 5193 | + | (3) "Director", the director of the 13 |
|---|
| 5194 | + | department of economic development; 14 |
|---|
| 5195 | + | (4) "Enterprise zone", an enterprise zone 15 |
|---|
| 5196 | + | created under section 135.210 that includes all 16 |
|---|
| 5197 | + | or part of a home rule city with more than 17 |
|---|
| 5198 | + | twenty-six thousand but less than twen ty-seven 18 |
|---|
| 5199 | + | thousand inhabitants located in any county with 19 |
|---|
| 5200 | + | a charter form of government and with more than 20 |
|---|
| 5201 | + | one million inhabitants; 21 |
|---|
| 5202 | + | (5) "Facility", any building used as a 22 |
|---|
| 5203 | + | revenue-producing enterprise located within an 23 |
|---|
| 5204 | + | enterprise zone, including t he land on which the 24 |
|---|
| 5205 | + | facility is located and all machinery, 25 |
|---|
| 5206 | + | equipment, and other real and depreciable 26 |
|---|
| 5207 | + | tangible personal property acquired for use at 27 |
|---|
| 5208 | + | and located at or within such facility and used 28 |
|---|
| 5209 | + | in connection with the operation of such 29 |
|---|
| 5210 | + | facility; 30 |
|---|
| 5211 | + | (6) "NAICS", the industrial classification 31 |
|---|
| 5212 | + | as such classifications are defined in the 1997 32 |
|---|
| 5213 | + | edition of the North American Industrial 33 |
|---|
| 5214 | + | Classification System Manual as prepared by the 34 |
|---|
| 5215 | + | Executive Office of the President, Office of 35 |
|---|
| 5216 | + | Management and Budget ; 36 |
|---|
| 5217 | + | (7) "Retained business facility", a 37 |
|---|
| 5218 | + | facility in an enterprise zone operated by the 38 |
|---|
| 5219 | + | taxpayer which satisfies the following 39 |
|---|
| 5220 | + | requirements as determined by the department and 40 |
|---|
| 5221 | + | included in an agreement with the department: 41 |
|---|
| 5222 | + | (a) The taxpayer agrees to a capital 42 |
|---|
| 5223 | + | investment project at the facility of at least 43 |
|---|
| 5224 | + | five hundred million dollars to take place over 44 SB 757 155 |
|---|
| 5225 | + | a period of two consecutive taxable years ending 45 |
|---|
| 5226 | + | no later than the fifth taxable year after 46 |
|---|
| 5227 | + | continuation of commercial operations; 47 |
|---|
| 5228 | + | (b) The taxpayer has maintained at least 48 |
|---|
| 5229 | + | two thousand employees per year at the facility 49 |
|---|
| 5230 | + | for each of the five taxable years preceding the 50 |
|---|
| 5231 | + | year of continuation of commercial operations; 51 |
|---|
| 5232 | + | (c) The taxpayer agrees to maintain at 52 |
|---|
| 5233 | + | least the level of emplo yment that it had at the 53 |
|---|
| 5234 | + | facility in the taxable year immediately 54 |
|---|
| 5235 | + | preceding the year of continuation of commercial 55 |
|---|
| 5236 | + | operations for ten consecutive taxable years 56 |
|---|
| 5237 | + | beginning with the year of the continuation of 57 |
|---|
| 5238 | + | commercial operations. Temporary layoffs 58 |
|---|
| 5239 | + | necessary to implement the capital investment 59 |
|---|
| 5240 | + | project will not be considered a violation of 60 |
|---|
| 5241 | + | this requirement; 61 |
|---|
| 5242 | + | (d) The taxpayer agrees that the amount of 62 |
|---|
| 5243 | + | the average wage paid by the taxpayer at the 63 |
|---|
| 5244 | + | facility will exceed the average wage paid 64 |
|---|
| 5245 | + | within the county in which the facility is 65 |
|---|
| 5246 | + | located for ten consecutive taxable years 66 |
|---|
| 5247 | + | beginning with the year of the continuation of 67 |
|---|
| 5248 | + | commercial operations; 68 |
|---|
| 5249 | + | (e) Significant local incentives with 69 |
|---|
| 5250 | + | respect to the project or retained facility have 70 |
|---|
| 5251 | + | been committed, which incentives may consist of: 71 |
|---|
| 5252 | + | a. Cash or in-kind incentives derived from 72 |
|---|
| 5253 | + | any nonstate source, including incentives 73 |
|---|
| 5254 | + | provided by the affected political subdivisions, 74 |
|---|
| 5255 | + | private industry and/or local chambers of 75 |
|---|
| 5256 | + | commerce or similar such orga nizations; or 76 |
|---|
| 5257 | + | b. Relief from local taxes; 77 |
|---|
| 5258 | + | (f) Receipt of the tax exemption, tax 78 |
|---|
| 5259 | + | credits, and refunds are major factors in the 79 |
|---|
| 5260 | + | taxpayer's decision to retain its operations at 80 |
|---|
| 5261 | + | the facility in Missouri and go forward with the 81 |
|---|
| 5262 | + | capital investment project and not receiving the 82 |
|---|
| 5263 | + | exemption, credits, and refunds will result in 83 |
|---|
| 5264 | + | the taxpayer moving its operations out of 84 |
|---|
| 5265 | + | Missouri; and 85 |
|---|
| 5266 | + | (g) There is at least one other state that 86 |
|---|
| 5267 | + | the taxpayer verifies is being considered as the 87 SB 757 156 |
|---|
| 5268 | + | site to which the facility's operations will be 88 |
|---|
| 5269 | + | relocated; 89 |
|---|
| 5270 | + | (8) "Retained business facility employee", 90 |
|---|
| 5271 | + | a person employed by the taxpayer in the 91 |
|---|
| 5272 | + | operation of a retained business facility during 92 |
|---|
| 5273 | + | the taxable year for which the credit allowed by 93 |
|---|
| 5274 | + | section 135.279 is cl aimed, except that truck 94 |
|---|
| 5275 | + | drivers and rail and barge vehicle operators 95 |
|---|
| 5276 | + | shall not constitute retained business facility 96 |
|---|
| 5277 | + | employees. A person shall be deemed to be so 97 |
|---|
| 5278 | + | employed if such person performs duties in 98 |
|---|
| 5279 | + | connection with the operation of the retaine d 99 |
|---|
| 5280 | + | business facility on a regular, full -time 100 |
|---|
| 5281 | + | basis. The number of retained business facility 101 |
|---|
| 5282 | + | employees during any taxable year shall be 102 |
|---|
| 5283 | + | determined by dividing by twelve the sum of the 103 |
|---|
| 5284 | + | number of individuals employed on the last 104 |
|---|
| 5285 | + | business day of each mo nth of such taxable 105 |
|---|
| 5286 | + | year. If the retained business facility is in 106 |
|---|
| 5287 | + | operation for less than the entire taxable year, 107 |
|---|
| 5288 | + | the number of retained business facility 108 |
|---|
| 5289 | + | employees shall be determined by dividing the 109 |
|---|
| 5290 | + | sum of the number of individuals employed on the 110 |
|---|
| 5291 | + | last business day of each full calendar month 111 |
|---|
| 5292 | + | during the portion of such taxable year during 112 |
|---|
| 5293 | + | which the retained business facility was in 113 |
|---|
| 5294 | + | operation by the number of full calendar months 114 |
|---|
| 5295 | + | during such period; 115 |
|---|
| 5296 | + | (9) "Retained business facility income ", 116 |
|---|
| 5297 | + | the Missouri taxable income, as defined in 117 |
|---|
| 5298 | + | chapter 143, derived by the taxpayer from the 118 |
|---|
| 5299 | + | operation of the retained business facility. If 119 |
|---|
| 5300 | + | a taxpayer has income derived from the operation 120 |
|---|
| 5301 | + | of a retained business facility as well as from 121 |
|---|
| 5302 | + | other activities conducted within this state, 122 |
|---|
| 5303 | + | the Missouri taxable income derived by the 123 |
|---|
| 5304 | + | taxpayer from the operation of the retained 124 |
|---|
| 5305 | + | business facility shall be determined by 125 |
|---|
| 5306 | + | multiplying the taxpayer's Missouri taxable 126 |
|---|
| 5307 | + | income, computed in accordance with chapter 1 43, 127 |
|---|
| 5308 | + | by a fraction, the numerator of which is the 128 |
|---|
| 5309 | + | property factor, as defined in paragraph (a) of 129 |
|---|
| 5310 | + | this subdivision, plus the payroll factor, as 130 SB 757 157 |
|---|
| 5311 | + | defined in paragraph (b) of this subdivision, 131 |
|---|
| 5312 | + | and the denominator of which is two: 132 |
|---|
| 5313 | + | (a) The "property factor" is a fraction, 133 |
|---|
| 5314 | + | the numerator of which is the retained business 134 |
|---|
| 5315 | + | facility investment certified for the tax 135 |
|---|
| 5316 | + | period, and the denominator of which is the 136 |
|---|
| 5317 | + | average value of all the taxpayer's real and 137 |
|---|
| 5318 | + | depreciable tangible personal property owned or 138 |
|---|
| 5319 | + | rented and used in this state during the tax 139 |
|---|
| 5320 | + | period. The average value of all such property 140 |
|---|
| 5321 | + | shall be determined as provided in chapter 32; 141 |
|---|
| 5322 | + | (b) The "payroll factor" is a fraction, 142 |
|---|
| 5323 | + | the numerator of which is the total amount paid 143 |
|---|
| 5324 | + | during the tax period by the taxpayer for 144 |
|---|
| 5325 | + | compensation to persons qualifying as retained 145 |
|---|
| 5326 | + | business facility employees at the retained 146 |
|---|
| 5327 | + | business facility, and the denominator of which 147 |
|---|
| 5328 | + | is the total amount paid in this state during 148 |
|---|
| 5329 | + | the tax period by the taxpayer for 149 |
|---|
| 5330 | + | compensation. The compensation paid in this 150 |
|---|
| 5331 | + | state shall be determined as provided in chapter 151 |
|---|
| 5332 | + | 32; 152 |
|---|
| 5333 | + | (10) "Retained business facility 153 |
|---|
| 5334 | + | investment", the value of real and depreciable 154 |
|---|
| 5335 | + | tangible personal property, acquired by the 155 |
|---|
| 5336 | + | taxpayer as part of the retain ed business 156 |
|---|
| 5337 | + | facility after the date of continuation of 157 |
|---|
| 5338 | + | commercial operations, which is used by the 158 |
|---|
| 5339 | + | taxpayer in the operation of the retained 159 |
|---|
| 5340 | + | business facility, during the taxable year for 160 |
|---|
| 5341 | + | which the credit allowed by section 135.279 is 161 |
|---|
| 5342 | + | claimed, except that trucks, truck-trailers, 162 |
|---|
| 5343 | + | truck semitrailers, rail vehicles, barge 163 |
|---|
| 5344 | + | vehicles, aircraft and other rolling stock for 164 |
|---|
| 5345 | + | hire, track, switches, barges, bridges, tunnels, 165 |
|---|
| 5346 | + | rail yards, and spurs shall not constitute 166 |
|---|
| 5347 | + | retained business facility investments. The 167 |
|---|
| 5348 | + | total value of such property during such taxable 168 |
|---|
| 5349 | + | year shall be: 169 |
|---|
| 5350 | + | (a) Its original cost if owned by the 170 |
|---|
| 5351 | + | taxpayer; or 171 |
|---|
| 5352 | + | (b) Eight times the net annual rental 172 |
|---|
| 5353 | + | rate, if leased by the taxpayer. The net annual 173 |
|---|
| 5354 | + | rental rate shall be the annual re ntal rate paid 174 SB 757 158 |
|---|
| 5355 | + | by the taxpayer less any annual rental rate 175 |
|---|
| 5356 | + | received by the taxpayer from subrentals. The 176 |
|---|
| 5357 | + | retained business facility investment shall be 177 |
|---|
| 5358 | + | determined by dividing by twelve the sum of the 178 |
|---|
| 5359 | + | total value of such property on the last 179 |
|---|
| 5360 | + | business day of each calendar month of the 180 |
|---|
| 5361 | + | taxable year. If the retained business facility 181 |
|---|
| 5362 | + | is in operation for less than an entire taxable 182 |
|---|
| 5363 | + | year, the retained business facility investment 183 |
|---|
| 5364 | + | shall be determined by dividing the sum of the 184 |
|---|
| 5365 | + | total value of such prop erty on the last 185 |
|---|
| 5366 | + | business day of each full calendar month during 186 |
|---|
| 5367 | + | the portion of such taxable year during which 187 |
|---|
| 5368 | + | the retained business facility was in operation 188 |
|---|
| 5369 | + | by the number of full calendar months during 189 |
|---|
| 5370 | + | such period; 190 |
|---|
| 5371 | + | (11) "Revenue-producing enterprise", 191 |
|---|
| 5372 | + | manufacturing activities classified as NAICS 192 |
|---|
| 5373 | + | 336211.] 193 |
|---|
| 5374 | + | [135.277. The provisions of chapter 143 1 |
|---|
| 5375 | + | notwithstanding, one -half of the Missouri 2 |
|---|
| 5376 | + | taxable income attributed to an approved 3 |
|---|
| 5377 | + | retained business facility that is earned by a 4 |
|---|
| 5378 | + | taxpayer operating the approved retained 5 |
|---|
| 5379 | + | business facility may be exempt from taxation 6 |
|---|
| 5380 | + | under chapter 143. That portion of income 7 |
|---|
| 5381 | + | attributed to the retained business facility 8 |
|---|
| 5382 | + | shall be determined in a manner prescribed in 9 |
|---|
| 5383 | + | paragraph (b) of subdivisio n (9) of section 10 |
|---|
| 5384 | + | 135.276, except that compensation paid to truck 11 |
|---|
| 5385 | + | drivers, rail, or barge vehicle operators shall 12 |
|---|
| 5386 | + | be excluded from the fraction. ] 13 |
|---|
| 5387 | + | [135.279. 1. Any taxpayer that operates 1 |
|---|
| 5388 | + | an approved retained business facility in an 2 |
|---|
| 5389 | + | enterprise zone may be allowed a credit, each 3 |
|---|
| 5390 | + | year for ten years, in an amount determined 4 |
|---|
| 5391 | + | pursuant to subsection 2 or 3 of this section, 5 |
|---|
| 5392 | + | whichever is applicable, against the tax imposed 6 |
|---|
| 5393 | + | by chapter 143, excluding withholding tax 7 |
|---|
| 5394 | + | imposed by sections 143 .191 to 143.265, as 8 |
|---|
| 5395 | + | follows: 9 |
|---|
| 5396 | + | (1) The credit allowed for each retained 10 |
|---|
| 5397 | + | business facility employee shall be four hundred 11 SB 757 159 |
|---|
| 5398 | + | dollars, except that for each retained business 12 |
|---|
| 5399 | + | facility employee that exceeds the level of 13 |
|---|
| 5400 | + | employment set forth in paragraph (b) of 14 |
|---|
| 5401 | + | subdivision (7) of section 135.276, the credit 15 |
|---|
| 5402 | + | shall be five hundred dollars. Transfers from 16 |
|---|
| 5403 | + | another facility operated by the taxpayer in the 17 |
|---|
| 5404 | + | state will not count as retained business 18 |
|---|
| 5405 | + | facility employees; 19 |
|---|
| 5406 | + | (2) An additional credit of four hundred 20 |
|---|
| 5407 | + | dollars shall be granted for each twelve -month 21 |
|---|
| 5408 | + | period that a retained business facility 22 |
|---|
| 5409 | + | employee is a resident of an enterprise zone; 23 |
|---|
| 5410 | + | (3) An additional credit of four hundred 24 |
|---|
| 5411 | + | dollars shall be granted for each twelve -month 25 |
|---|
| 5412 | + | period that the person employed as a retained 26 |
|---|
| 5413 | + | business facility employee is a person who, at 27 |
|---|
| 5414 | + | the time of such employment by the new business 28 |
|---|
| 5415 | + | facility, met the criteria as set forth in 29 |
|---|
| 5416 | + | section 135.240; 30 |
|---|
| 5417 | + | (4) To the extent that expenses incurred 31 |
|---|
| 5418 | + | by a retained business facility in an enterprise 32 |
|---|
| 5419 | + | zone for the training of persons employed in the 33 |
|---|
| 5420 | + | operation of the retained business facility is 34 |
|---|
| 5421 | + | not covered by an existing federal, state, or 35 |
|---|
| 5422 | + | local program, such retained business facility 36 |
|---|
| 5423 | + | shall be eligible for a full ta x credit equal to 37 |
|---|
| 5424 | + | eighty percent of that portion of such training 38 |
|---|
| 5425 | + | expenses which are in excess of four hundred 39 |
|---|
| 5426 | + | dollars for each trainee who is a resident of an 40 |
|---|
| 5427 | + | enterprise zone or who was at the time of such 41 |
|---|
| 5428 | + | employment at the retained business facility 42 |
|---|
| 5429 | + | unemployable or difficult to employ as defined 43 |
|---|
| 5430 | + | in section 135.240, provided such credit shall 44 |
|---|
| 5431 | + | not exceed four hundred dollars for each 45 |
|---|
| 5432 | + | employee trained; 46 |
|---|
| 5433 | + | (5) The credit allowed for retained 47 |
|---|
| 5434 | + | business facility investment shall be equal to 48 |
|---|
| 5435 | + | the sum of ten percent of the first ten thousand 49 |
|---|
| 5436 | + | dollars of such qualifying investment, plus five 50 |
|---|
| 5437 | + | percent of the next ninety thousand dollars of 51 |
|---|
| 5438 | + | such qualifying investment, plus two percent of 52 |
|---|
| 5439 | + | all remaining qualifying investments within an 53 |
|---|
| 5440 | + | enterprise zone. The taxpayer's retained 54 |
|---|
| 5441 | + | business facility investment shall be reduced by 55 SB 757 160 |
|---|
| 5442 | + | the amount of investment made by the taxpayer or 56 |
|---|
| 5443 | + | related taxpayer which was subsequently 57 |
|---|
| 5444 | + | transferred to the retained business facility 58 |
|---|
| 5445 | + | from another Missouri facility and for whic h 59 |
|---|
| 5446 | + | credits authorized in this section are not being 60 |
|---|
| 5447 | + | earned. 61 |
|---|
| 5448 | + | 2. The credits allowed by subsection 1 of 62 |
|---|
| 5449 | + | this section shall offset the greater of: 63 |
|---|
| 5450 | + | (1) Some portion of the income tax 64 |
|---|
| 5451 | + | otherwise imposed by chapter 143, excluding 65 |
|---|
| 5452 | + | withholding tax imposed by sections 143.191 to 66 |
|---|
| 5453 | + | 143.265, with respect to such taxpayer's 67 |
|---|
| 5454 | + | retained business facility income for the 68 |
|---|
| 5455 | + | taxable year for which such credit is allowed; or 69 |
|---|
| 5456 | + | (2) If the taxpayer operates no other 70 |
|---|
| 5457 | + | facility in Missouri, the credits allowed in 71 |
|---|
| 5458 | + | subsection 1 of this section shall offset up to 72 |
|---|
| 5459 | + | fifty percent or, in the case of an economic 73 |
|---|
| 5460 | + | development project located within a distressed 74 |
|---|
| 5461 | + | community as defined in section 135.530, seventy - 75 |
|---|
| 5462 | + | five percent of the business income tax 76 |
|---|
| 5463 | + | otherwise imposed by chapter 143, excluding 77 |
|---|
| 5464 | + | withholding tax imposed by sections 143.191 to 78 |
|---|
| 5465 | + | 143.265, if the business operates no other 79 |
|---|
| 5466 | + | facilities in Missouri; 80 |
|---|
| 5467 | + | (3) If the taxpayer operates more than one 81 |
|---|
| 5468 | + | facility in Missouri, the credits allowed in 82 |
|---|
| 5469 | + | subsection 1 of this section shall offset up to 83 |
|---|
| 5470 | + | the greater of the portion prescribed in 84 |
|---|
| 5471 | + | subdivision (1) of this subsection or twenty - 85 |
|---|
| 5472 | + | five percent or, in the case of an economic 86 |
|---|
| 5473 | + | development project located within a distressed 87 |
|---|
| 5474 | + | community as defined in section 135.530, thi rty- 88 |
|---|
| 5475 | + | five percent of the business' tax, except that 89 |
|---|
| 5476 | + | no taxpayer operating more than one facility in 90 |
|---|
| 5477 | + | Missouri shall be allowed to offset more than 91 |
|---|
| 5478 | + | twenty-five percent or, in the case of an 92 |
|---|
| 5479 | + | economic development project located within a 93 |
|---|
| 5480 | + | distressed community as defined in section 94 |
|---|
| 5481 | + | 135.530, thirty-five percent of the taxpayer's 95 |
|---|
| 5482 | + | business income tax in any tax period under the 96 |
|---|
| 5483 | + | method prescribed in this subdivision. 97 |
|---|
| 5484 | + | 3. In the case where a person employed by 98 |
|---|
| 5485 | + | the retained business facility is a resident of 99 SB 757 161 |
|---|
| 5486 | + | the enterprise zone for less than a twelve -month 100 |
|---|
| 5487 | + | period, or in the case where a person employed 101 |
|---|
| 5488 | + | as a retained business facility employee is a 102 |
|---|
| 5489 | + | person who, at the time of such employment by 103 |
|---|
| 5490 | + | the retained business facility, met the criteria 104 |
|---|
| 5491 | + | as set forth in section 135.240, is employed for 105 |
|---|
| 5492 | + | less than a twelve-month period, the credits 106 |
|---|
| 5493 | + | allowed by subdivisions (2) and (3) of 107 |
|---|
| 5494 | + | subsection 1 of this section shall be determined 108 |
|---|
| 5495 | + | by multiplying the dollar amount of the credit 109 |
|---|
| 5496 | + | by a fraction, the numerator of which is the 110 |
|---|
| 5497 | + | number of calendar days during the taxpayer's 111 |
|---|
| 5498 | + | tax year for which such credits are claimed, in 112 |
|---|
| 5499 | + | which the person met the requirements prescribed 113 |
|---|
| 5500 | + | in subdivision (2) or (3) of this subsection, 114 |
|---|
| 5501 | + | and the denominator of which is three hundred 115 |
|---|
| 5502 | + | sixty-five. 116 |
|---|
| 5503 | + | 4. Notwithstanding any provision of law to 117 |
|---|
| 5504 | + | the contrary, any taxpayer who claims the 118 |
|---|
| 5505 | + | exemption and credits allowed in sections 119 |
|---|
| 5506 | + | 135.276 to 135.283 shall not be eligible to 120 |
|---|
| 5507 | + | receive the exemption allowed in section 121 |
|---|
| 5508 | + | 135.220, the credits a llowed in sections 135.225 122 |
|---|
| 5509 | + | and 135.235, and the refund authorized by 123 |
|---|
| 5510 | + | section 135.245 or the tax credits allowed in 124 |
|---|
| 5511 | + | section 135.110. The taxpayer must elect among 125 |
|---|
| 5512 | + | the options. To perfect the election, the 126 |
|---|
| 5513 | + | taxpayer shall attach written notification of 127 |
|---|
| 5514 | + | such election to the taxpayer's initial 128 |
|---|
| 5515 | + | application for claiming tax credits. The 129 |
|---|
| 5516 | + | election shall be irreversible once perfected. 130 |
|---|
| 5517 | + | 5. A taxpayer shall not receive the income 131 |
|---|
| 5518 | + | exemption described in section 135.276 and the 132 |
|---|
| 5519 | + | tax credits described in subsection 1 of this 133 |
|---|
| 5520 | + | section for any year in which the terms and 134 |
|---|
| 5521 | + | conditions of sections 135.276 to 135.283 are 135 |
|---|
| 5522 | + | not met. Such incentives shall not exceed the 136 |
|---|
| 5523 | + | fifteen-year limitation pursuant to subsection 1 137 |
|---|
| 5524 | + | of section 135.230 or the seven -year limitation 138 |
|---|
| 5525 | + | pursuant to subsection 5 of section 135.230. 139 |
|---|
| 5526 | + | 6. The initial application for claiming 140 |
|---|
| 5527 | + | tax credits must be made in the taxpayer's tax 141 |
|---|
| 5528 | + | period immediately following the tax period in 142 SB 757 162 |
|---|
| 5529 | + | which commencement of commercial operations 143 |
|---|
| 5530 | + | began at the new business facility. 144 |
|---|
| 5531 | + | 7. Credits may not be carried forward but 145 |
|---|
| 5532 | + | shall be claimed for the taxable year during 146 |
|---|
| 5533 | + | which continuation of commercial operations 147 |
|---|
| 5534 | + | occurs at such retained business facility, and 148 |
|---|
| 5535 | + | for each of the nine succeeding taxable years. ] 149 |
|---|
| 5536 | + | [135.281. 1. Any taxpayer operating an 1 |
|---|
| 5537 | + | approved retained business facility that is 2 |
|---|
| 5538 | + | located within a state enterprise zone 3 |
|---|
| 5539 | + | established pursuant to sections 135.200 to 4 |
|---|
| 5540 | + | 135.256 may make an application to the 5 |
|---|
| 5541 | + | department of economic d evelopment for an income 6 |
|---|
| 5542 | + | tax refund. 7 |
|---|
| 5543 | + | 2. Such refunds shall be approved only if 8 |
|---|
| 5544 | + | the amount of tax credits certified for the 9 |
|---|
| 5545 | + | taxpayer in the taxable year exceeded the 10 |
|---|
| 5546 | + | company's total Missouri tax on taxable income 11 |
|---|
| 5547 | + | in that year by an amount equal t o at least one 12 |
|---|
| 5548 | + | million dollars. In such cases, a portion of 13 |
|---|
| 5549 | + | tax credits earned shall constitute an 14 |
|---|
| 5550 | + | overpayment of taxes and may be refunded to the 15 |
|---|
| 5551 | + | taxpayer in the manner authorized by this 16 |
|---|
| 5552 | + | section. 17 |
|---|
| 5553 | + | 3. The department shall evaluate and may 18 |
|---|
| 5554 | + | approve such applications based upon the 19 |
|---|
| 5555 | + | importance of the approved retained business 20 |
|---|
| 5556 | + | facility to the economy of Missouri, the 21 |
|---|
| 5557 | + | company's investment of at least five hundred 22 |
|---|
| 5558 | + | million dollars in facilities or equipment, and 23 |
|---|
| 5559 | + | the number of jobs to be created o r retained. 24 |
|---|
| 5560 | + | Such applications may be approved annually for 25 |
|---|
| 5561 | + | no longer than five successive years. The 26 |
|---|
| 5562 | + | maximum amount of refund that may be awarded to 27 |
|---|
| 5563 | + | the manufacturer or assembler shall not exceed 28 |
|---|
| 5564 | + | two million dollars per year. Notwithstanding 29 |
|---|
| 5565 | + | other provisions of law to the contrary, if the 30 |
|---|
| 5566 | + | taxpayer's tax credits issued under sections 31 |
|---|
| 5567 | + | 135.276 to 135.283 for a taxable year exceed the 32 |
|---|
| 5568 | + | taxpayer's taxable income by more than two 33 |
|---|
| 5569 | + | million dollars, the credits may be carried 34 |
|---|
| 5570 | + | forward for five years or u ntil used, whichever 35 SB 757 163 |
|---|
| 5571 | + | is earlier, and may be included in refund 36 |
|---|
| 5572 | + | amounts otherwise authorized by this section. ] 37 |
|---|
| 5573 | + | [135.283. 1. A taxpayer shall apply to 1 |
|---|
| 5574 | + | the department for approval to participate in 2 |
|---|
| 5575 | + | the program authorized by sections 1 35.276 to 3 |
|---|
| 5576 | + | 135.283. The application shall be in a form 4 |
|---|
| 5577 | + | prescribed by and contain all information 5 |
|---|
| 5578 | + | requested by the department to determine 6 |
|---|
| 5579 | + | eligibility for the program and for the 7 |
|---|
| 5580 | + | department to make its decision whether to 8 |
|---|
| 5581 | + | approve the taxpayer for part icipation in the 9 |
|---|
| 5582 | + | program. 10 |
|---|
| 5583 | + | 2. The department may issue an approval 11 |
|---|
| 5584 | + | contingent upon the successful execution of an 12 |
|---|
| 5585 | + | agreement between the department and the 13 |
|---|
| 5586 | + | taxpayer seeking approval of a facility as a 14 |
|---|
| 5587 | + | retained business facility which shall include , 15 |
|---|
| 5588 | + | but not be limited to, the following: 16 |
|---|
| 5589 | + | (1) A detailed description of the project 17 |
|---|
| 5590 | + | that is the subject of the agreement; 18 |
|---|
| 5591 | + | (2) A requirement that the taxpayer shall 19 |
|---|
| 5592 | + | annually report to the department the total 20 |
|---|
| 5593 | + | amount of salaries and wages paid to eligible 21 |
|---|
| 5594 | + | employees in retained business facility jobs, 22 |
|---|
| 5595 | + | and any other information the department 23 |
|---|
| 5596 | + | requires to confirm compliance with the 24 |
|---|
| 5597 | + | requirements of sections 135.276 to 135.283; 25 |
|---|
| 5598 | + | (3) A requirement that the taxpayer shall 26 |
|---|
| 5599 | + | provide written notification to the director not 27 |
|---|
| 5600 | + | more than thirty days after the taxpayer makes 28 |
|---|
| 5601 | + | or receives a proposal that would transfer the 29 |
|---|
| 5602 | + | taxpayer's state tax liability obligations to a 30 |
|---|
| 5603 | + | successor taxpayer; 31 |
|---|
| 5604 | + | (4) A requirement that the taxpayer shall 32 |
|---|
| 5605 | + | maintain operations at the facility location for 33 |
|---|
| 5606 | + | at least ten years at a certain employment level; 34 |
|---|
| 5607 | + | (5) The requirements otherwise required by 35 |
|---|
| 5608 | + | sections 135.276 to 135.283; and 36 |
|---|
| 5609 | + | (6) A provision for repayment of 37 |
|---|
| 5610 | + | incentives upon breach of the agreement. ] 38 |
|---|
| 5611 | + | [135.313. 1. Any person, firm or 1 |
|---|
| 5612 | + | corporation who engages in the business of 2 |
|---|
| 5613 | + | producing charcoal or charcoal products in the 3 SB 757 164 |
|---|
| 5614 | + | state of Missouri shall be eligible for a tax 4 |
|---|
| 5615 | + | credit on income taxes otherwise due pursuant to 5 |
|---|
| 5616 | + | chapter 143, except sections 143.191 to 143.261, 6 |
|---|
| 5617 | + | as an incentive to implement safe and efficient 7 |
|---|
| 5618 | + | environmental controls. The tax credit shall be 8 |
|---|
| 5619 | + | equal to fifty percent of the purchase price of 9 |
|---|
| 5620 | + | the best available control technology equipment 10 |
|---|
| 5621 | + | connected with the p roduction of charcoal in the 11 |
|---|
| 5622 | + | state of Missouri or, if the taxpayer 12 |
|---|
| 5623 | + | manufactures such equipment, fifty percent of 13 |
|---|
| 5624 | + | the manufacturing cost of the equipment, to and 14 |
|---|
| 5625 | + | including the year the equipment is put into 15 |
|---|
| 5626 | + | service. The credit may be claimed for a per iod 16 |
|---|
| 5627 | + | of eight years beginning with the 1998 calendar 17 |
|---|
| 5628 | + | year and is to be a tax credit against the tax 18 |
|---|
| 5629 | + | otherwise due. 19 |
|---|
| 5630 | + | 2. Any amount of credit which exceeds the 20 |
|---|
| 5631 | + | tax due shall not be refunded but may be carried 21 |
|---|
| 5632 | + | over to any subsequent taxable year, not to 22 |
|---|
| 5633 | + | exceed seven years. 23 |
|---|
| 5634 | + | 3. The charcoal producer may elect to 24 |
|---|
| 5635 | + | assign to a third party the approved tax 25 |
|---|
| 5636 | + | credit. Certification of assignment and other 26 |
|---|
| 5637 | + | appropriate forms must be filed with the 27 |
|---|
| 5638 | + | Missouri department of revenue and the 28 |
|---|
| 5639 | + | department of economic development. 29 |
|---|
| 5640 | + | 4. When applying for a tax credit, the 30 |
|---|
| 5641 | + | charcoal producer specified in subsection 1 of 31 |
|---|
| 5642 | + | this section shall make application for the 32 |
|---|
| 5643 | + | credit to the division of environmental quality 33 |
|---|
| 5644 | + | of the department of natural resources. The 34 |
|---|
| 5645 | + | application shall identify the specific best 35 |
|---|
| 5646 | + | available control technology equipment and the 36 |
|---|
| 5647 | + | purchase price, or manufacturing cost of such 37 |
|---|
| 5648 | + | equipment. The director of the department of 38 |
|---|
| 5649 | + | natural resources is authorized to require 39 |
|---|
| 5650 | + | permits to construct pri or to the installation 40 |
|---|
| 5651 | + | of best available control technology equipment 41 |
|---|
| 5652 | + | and other information which he or she deems 42 |
|---|
| 5653 | + | appropriate. 43 |
|---|
| 5654 | + | 5. The director of the department of 44 |
|---|
| 5655 | + | natural resources in conjunction with the 45 |
|---|
| 5656 | + | department of economic development shal l certify 46 |
|---|
| 5657 | + | to the department of revenue that the best 47 SB 757 165 |
|---|
| 5658 | + | available control technology equipment meets the 48 |
|---|
| 5659 | + | requirements to obtain a tax credit as specified 49 |
|---|
| 5660 | + | in this section.] 50 |
|---|
| 5661 | + | [135.545. A taxpayer shall be allowed a 1 |
|---|
| 5662 | + | credit for taxes paid pursuant to chapter 143, 2 |
|---|
| 5663 | + | 147 or 148 in an amount equal to fifty percent 3 |
|---|
| 5664 | + | of a qualified investment in transportation 4 |
|---|
| 5665 | + | development for aviation, mass transportation, 5 |
|---|
| 5666 | + | including parking facilities for users of mass 6 |
|---|
| 5667 | + | transportation, railroads, ports, includi ng 7 |
|---|
| 5668 | + | parking facilities and limited access roads 8 |
|---|
| 5669 | + | within ports, waterborne transportation, bicycle 9 |
|---|
| 5670 | + | and pedestrian paths, or rolling stock located 10 |
|---|
| 5671 | + | in a distressed community as defined in section 11 |
|---|
| 5672 | + | 135.530, and which are part of a development 12 |
|---|
| 5673 | + | plan approved by the appropriate local agency. 13 |
|---|
| 5674 | + | If the department of economic development 14 |
|---|
| 5675 | + | determines the investment has been so approved, 15 |
|---|
| 5676 | + | the department shall grant the tax credit in 16 |
|---|
| 5677 | + | order of date received. A taxpayer may carry 17 |
|---|
| 5678 | + | forward any unused tax credit for up to ten 18 |
|---|
| 5679 | + | years and may carry it back for the previous 19 |
|---|
| 5680 | + | three years until such credit has been fully 20 |
|---|
| 5681 | + | claimed. Certificates of tax credit issued in 21 |
|---|
| 5682 | + | accordance with this section may be transferred, 22 |
|---|
| 5683 | + | sold or assigned by notarized endorsement which 23 |
|---|
| 5684 | + | names the transferee. The tax credits allowed 24 |
|---|
| 5685 | + | pursuant to this section shall be for an amount 25 |
|---|
| 5686 | + | of no more than ten million dollars for each 26 |
|---|
| 5687 | + | year. This credit shall apply to returns filed 27 |
|---|
| 5688 | + | for all taxable years beginning on or after 28 |
|---|
| 5689 | + | January 1, 1999. Any unused portion of the tax 29 |
|---|
| 5690 | + | credit authorized pursuant to this section shall 30 |
|---|
| 5691 | + | be available for use in the future by those 31 |
|---|
| 5692 | + | entities until fully claimed. For purposes of 32 |
|---|
| 5693 | + | this section, a "taxpayer" shall include any 33 |
|---|
| 5694 | + | charitable organization that is exempt from 34 |
|---|
| 5695 | + | federal income tax and whose Missouri unrelated 35 |
|---|
| 5696 | + | business taxable income, if any, would be 36 |
|---|
| 5697 | + | subject to the state income tax imposed under 37 |
|---|
| 5698 | + | chapter 143.] 38 |
|---|
| 5699 | + | [135.546. For all tax years beginning on 1 |
|---|
| 5700 | + | or after January 1, 2005, no tax credits shall 2 SB 757 166 |
|---|
| 5701 | + | be approved, awarded, or issued to any person or 3 |
|---|
| 5702 | + | entity claiming any tax credit under section 4 |
|---|
| 5703 | + | 135.545; if an organization has been allocated 5 |
|---|
| 5704 | + | credits for contribution -based credits prior to 6 |
|---|
| 5705 | + | January 1, 2005, the organization may issue such 7 |
|---|
| 5706 | + | credits prior to January 1, 2007, for qualified 8 |
|---|
| 5707 | + | contributions.] 9 |
|---|
| 5708 | + | [135.680. 1. As used in this section, the 1 |
|---|
| 5709 | + | following terms shall mean: 2 |
|---|
| 5710 | + | (1) "Adjusted purchase price", the product 3 |
|---|
| 5711 | + | of: 4 |
|---|
| 5712 | + | (a) The amount paid to the issuer of a 5 |
|---|
| 5713 | + | qualified equity investment for such qualified 6 |
|---|
| 5714 | + | equity investment; and 7 |
|---|
| 5715 | + | (b) The following fraction: 8 |
|---|
| 5716 | + | a. The numerator shall be the dollar 9 |
|---|
| 5717 | + | amount of qualified low -income community 10 |
|---|
| 5718 | + | investments held by the issuer in this state as 11 |
|---|
| 5719 | + | of the credit allowan ce date during the 12 |
|---|
| 5720 | + | applicable tax year; and 13 |
|---|
| 5721 | + | b. The denominator shall be the total 14 |
|---|
| 5722 | + | dollar amount of qualified low -income community 15 |
|---|
| 5723 | + | investments held by the issuer in all states as 16 |
|---|
| 5724 | + | of the credit allowance date during the 17 |
|---|
| 5725 | + | applicable tax year; 18 |
|---|
| 5726 | + | c. For purposes of calculating the amount 19 |
|---|
| 5727 | + | of qualified low-income community investments 20 |
|---|
| 5728 | + | held by an issuer, an investment shall be 21 |
|---|
| 5729 | + | considered held by an issuer even if the 22 |
|---|
| 5730 | + | investment has been sold or repaid; provided 23 |
|---|
| 5731 | + | that the issuer reinvests an amount equal to the 24 |
|---|
| 5732 | + | capital returned to or recovered by the issuer 25 |
|---|
| 5733 | + | from the original investment, exclusive of any 26 |
|---|
| 5734 | + | profits realized, in another qualified low - 27 |
|---|
| 5735 | + | income community investment within twelve months 28 |
|---|
| 5736 | + | of the receipt of such capital. An issuer shall 29 |
|---|
| 5737 | + | not be required to reinvest capital returned 30 |
|---|
| 5738 | + | from qualified low-income community investments 31 |
|---|
| 5739 | + | after the sixth anniversary of the issuance of 32 |
|---|
| 5740 | + | the qualified equity investment, the proceeds of 33 |
|---|
| 5741 | + | which were used to make the qualified low -income 34 |
|---|
| 5742 | + | community investment, and the qualified low - 35 |
|---|
| 5743 | + | income community investment shall be considered 36 SB 757 167 |
|---|
| 5744 | + | held by the issuer through the seventh 37 |
|---|
| 5745 | + | anniversary of the qualified equity investment's 38 |
|---|
| 5746 | + | issuance; 39 |
|---|
| 5747 | + | (2) "Applicable percentage", zero percent 40 |
|---|
| 5748 | + | for each of the first two c redit allowance 41 |
|---|
| 5749 | + | dates, seven percent for the third credit 42 |
|---|
| 5750 | + | allowance date, and eight percent for the next 43 |
|---|
| 5751 | + | four credit allowance dates; 44 |
|---|
| 5752 | + | (3) "Credit allowance date", with respect 45 |
|---|
| 5753 | + | to any qualified equity investment: 46 |
|---|
| 5754 | + | (a) The date on which such i nvestment is 47 |
|---|
| 5755 | + | initially made; and 48 |
|---|
| 5756 | + | (b) Each of the six anniversary dates of 49 |
|---|
| 5757 | + | such date thereafter; 50 |
|---|
| 5758 | + | (4) "Long-term debt security", any debt 51 |
|---|
| 5759 | + | instrument issued by a qualified community 52 |
|---|
| 5760 | + | development entity, at par value or a premium, 53 |
|---|
| 5761 | + | with an original maturity date of at least seven 54 |
|---|
| 5762 | + | years from the date of its issuance, with no 55 |
|---|
| 5763 | + | acceleration of repayment, amortization, or 56 |
|---|
| 5764 | + | prepayment features prior to its original 57 |
|---|
| 5765 | + | maturity date, and with no distribution, 58 |
|---|
| 5766 | + | payment, or interest features related to th e 59 |
|---|
| 5767 | + | profitability of the qualified community 60 |
|---|
| 5768 | + | development entity or the performance of the 61 |
|---|
| 5769 | + | qualified community development entity's 62 |
|---|
| 5770 | + | investment portfolio. The foregoing shall in no 63 |
|---|
| 5771 | + | way limit the holder's ability to accelerate 64 |
|---|
| 5772 | + | payments on the debt instru ment in situations 65 |
|---|
| 5773 | + | where the issuer has defaulted on covenants 66 |
|---|
| 5774 | + | designed to ensure compliance with this section 67 |
|---|
| 5775 | + | or Section 45D of the Internal Revenue Code of 68 |
|---|
| 5776 | + | 1986, as amended; 69 |
|---|
| 5777 | + | (5) "Qualified active low -income community 70 |
|---|
| 5778 | + | business", the meaning giv en such term in 71 |
|---|
| 5779 | + | Section 45D of the Internal Revenue Code of 72 |
|---|
| 5780 | + | 1986, as amended; provided that any business 73 |
|---|
| 5781 | + | that derives or projects to derive fifteen 74 |
|---|
| 5782 | + | percent or more of its annual revenue from the 75 |
|---|
| 5783 | + | rental or sale of real estate shall not be 76 |
|---|
| 5784 | + | considered to be a qualified active low -income 77 |
|---|
| 5785 | + | community business; 78 |
|---|
| 5786 | + | (6) "Qualified community development 79 |
|---|
| 5787 | + | entity", the meaning given such term in Section 80 SB 757 168 |
|---|
| 5788 | + | 45D of the Internal Revenue Code of 1986, as 81 |
|---|
| 5789 | + | amended; provided that such entity has entered 82 |
|---|
| 5790 | + | into an allocation agreement with the Community 83 |
|---|
| 5791 | + | Development Financial Institutions Fund of the 84 |
|---|
| 5792 | + | U.S. Treasury Department with respect to credits 85 |
|---|
| 5793 | + | authorized by Section 45D of the Internal 86 |
|---|
| 5794 | + | Revenue Code of 1986, as amended, which includes 87 |
|---|
| 5795 | + | the state of Missouri within the service area 88 |
|---|
| 5796 | + | set forth in such allocation agreement; 89 |
|---|
| 5797 | + | (7) "Qualified equity investment", any 90 |
|---|
| 5798 | + | equity investment in, or long -term debt security 91 |
|---|
| 5799 | + | issued by, a qualified community development 92 |
|---|
| 5800 | + | entity that: 93 |
|---|
| 5801 | + | (a) Is acquired after September 4, 20 07, 94 |
|---|
| 5802 | + | at its original issuance solely in exchange for 95 |
|---|
| 5803 | + | cash; 96 |
|---|
| 5804 | + | (b) Has at least eighty-five percent of 97 |
|---|
| 5805 | + | its cash purchase price used by the issuer to 98 |
|---|
| 5806 | + | make qualified low-income community investments; 99 |
|---|
| 5807 | + | and 100 |
|---|
| 5808 | + | (c) Is designated by the issuer as a 101 |
|---|
| 5809 | + | qualified equity investment under this 102 |
|---|
| 5810 | + | subdivision and is certified by the department 103 |
|---|
| 5811 | + | of economic development as not exceeding the 104 |
|---|
| 5812 | + | limitation contained in subsection 2 of this 105 |
|---|
| 5813 | + | section. This term shall include any qualified 106 |
|---|
| 5814 | + | equity investment that does not meet the 107 |
|---|
| 5815 | + | provisions of paragraph (a) of this subdivision 108 |
|---|
| 5816 | + | if such investment was a qualified equity 109 |
|---|
| 5817 | + | investment in the hands of a prior holder; 110 |
|---|
| 5818 | + | (8) "Qualified low-income community 111 |
|---|
| 5819 | + | investment", any capital or equity investment 112 |
|---|
| 5820 | + | in, or loan to, any qualified active low -income 113 |
|---|
| 5821 | + | community business. With respect to any one 114 |
|---|
| 5822 | + | qualified active low -income community business, 115 |
|---|
| 5823 | + | the maximum amount of qualified low -income 116 |
|---|
| 5824 | + | community investments made in such business, on 117 |
|---|
| 5825 | + | a collective basis with all of its affi liates, 118 |
|---|
| 5826 | + | that may be used from the calculation of any 119 |
|---|
| 5827 | + | numerator described in subparagraph a. of 120 |
|---|
| 5828 | + | paragraph (b) of subdivision (1) of this 121 |
|---|
| 5829 | + | subsection shall be ten million dollars whether 122 |
|---|
| 5830 | + | issued to one or several qualified community 123 |
|---|
| 5831 | + | development entities; 124 SB 757 169 |
|---|
| 5832 | + | (9) "Tax credit", a credit against the tax 125 |
|---|
| 5833 | + | otherwise due under chapter 143, excluding 126 |
|---|
| 5834 | + | withholding tax imposed in sections 143.191 to 127 |
|---|
| 5835 | + | 143.265, or otherwise due under section 375.916 128 |
|---|
| 5836 | + | or chapter 147, 148, or 153; 129 |
|---|
| 5837 | + | (10) "Taxpayer", any individu al or entity 130 |
|---|
| 5838 | + | subject to the tax imposed in chapter 143, 131 |
|---|
| 5839 | + | excluding withholding tax imposed in sections 132 |
|---|
| 5840 | + | 143.191 to 143.265, or the tax imposed in 133 |
|---|
| 5841 | + | section 375.916 or chapter 147, 148, or 153. 134 |
|---|
| 5842 | + | 2. A taxpayer that makes a qualified 135 |
|---|
| 5843 | + | equity investment earns a vested right to tax 136 |
|---|
| 5844 | + | credits under this section. On each credit 137 |
|---|
| 5845 | + | allowance date of such qualified equity 138 |
|---|
| 5846 | + | investment the taxpayer, or subsequent holder of 139 |
|---|
| 5847 | + | the qualified equity investment, shall be 140 |
|---|
| 5848 | + | entitled to a tax credit during the taxable year 141 |
|---|
| 5849 | + | including such credit allowance date. The tax 142 |
|---|
| 5850 | + | credit amount shall be equal to the applicable 143 |
|---|
| 5851 | + | percentage of the adjusted purchase price paid 144 |
|---|
| 5852 | + | to the issuer of such qualified equity 145 |
|---|
| 5853 | + | investment. The amount of the tax credit 146 |
|---|
| 5854 | + | claimed shall not exceed the amount of the 147 |
|---|
| 5855 | + | taxpayer's state tax liability for the tax year 148 |
|---|
| 5856 | + | for which the tax credit is claimed. No tax 149 |
|---|
| 5857 | + | credit claimed under this section shall be 150 |
|---|
| 5858 | + | refundable or transferable. Tax credits earned 151 |
|---|
| 5859 | + | by a partnership, limited liability company, S - 152 |
|---|
| 5860 | + | corporation, or other pass -through entity may be 153 |
|---|
| 5861 | + | allocated to the partners, members, or 154 |
|---|
| 5862 | + | shareholders of such entity for their direct use 155 |
|---|
| 5863 | + | in accordance with the provisions of any 156 |
|---|
| 5864 | + | agreement among such partners, members, or 157 |
|---|
| 5865 | + | shareholders. Any amount of tax credit that the 158 |
|---|
| 5866 | + | taxpayer is prohibited by this section from 159 |
|---|
| 5867 | + | claiming in a taxable year may be carried 160 |
|---|
| 5868 | + | forward to any of the taxpayer's five subsequent 161 |
|---|
| 5869 | + | taxable years. The department of economic 162 |
|---|
| 5870 | + | development shall limit the monetary amount of 163 |
|---|
| 5871 | + | qualified equity investments permitted under 164 |
|---|
| 5872 | + | this section to a level necessary to limit tax 165 |
|---|
| 5873 | + | credit utilization at no more than twenty -five 166 |
|---|
| 5874 | + | million dollars of tax credits in any fiscal 167 |
|---|
| 5875 | + | year. Such limitation on qualified equity 168 SB 757 170 |
|---|
| 5876 | + | investments shall be based on the anticipated 169 |
|---|
| 5877 | + | utilization of credits without regard to the 170 |
|---|
| 5878 | + | potential for taxpayers to carry forward tax 171 |
|---|
| 5879 | + | credits to later tax years. 172 |
|---|
| 5880 | + | 3. The issuer of the qualified equity 173 |
|---|
| 5881 | + | investment shall certify to the department of 174 |
|---|
| 5882 | + | economic development the antici pated dollar 175 |
|---|
| 5883 | + | amount of such investments to be made in this 176 |
|---|
| 5884 | + | state during the first twelve -month period 177 |
|---|
| 5885 | + | following the initial credit allowance date. If 178 |
|---|
| 5886 | + | on the second credit allowance date, the actual 179 |
|---|
| 5887 | + | dollar amount of such investments is different 180 |
|---|
| 5888 | + | than the amount estimated, the department of 181 |
|---|
| 5889 | + | economic development shall adjust the credits 182 |
|---|
| 5890 | + | arising on the second allowance date to account 183 |
|---|
| 5891 | + | for such difference. 184 |
|---|
| 5892 | + | 4. The department of economic development 185 |
|---|
| 5893 | + | shall recapture the tax credit allowed under 186 |
|---|
| 5894 | + | this section with respect to such qualified 187 |
|---|
| 5895 | + | equity investment under this section if: 188 |
|---|
| 5896 | + | (1) Any amount of the federal tax credit 189 |
|---|
| 5897 | + | available with respect to a qualified equity 190 |
|---|
| 5898 | + | investment that is eligible for a tax credit 191 |
|---|
| 5899 | + | under this section is recaptured under Section 192 |
|---|
| 5900 | + | 45D of the Internal Revenue Code of 1986, as 193 |
|---|
| 5901 | + | amended; or 194 |
|---|
| 5902 | + | (2) The issuer redeems or makes principal 195 |
|---|
| 5903 | + | repayment with respect to a qualified equity 196 |
|---|
| 5904 | + | investment prior to the seventh anniversary of 197 |
|---|
| 5905 | + | the issuance of such qualified equity 198 |
|---|
| 5906 | + | investment. Any tax credit that is subject to 199 |
|---|
| 5907 | + | recapture shall be recaptured from the taxpayer 200 |
|---|
| 5908 | + | that claimed the tax credit on a return. 201 |
|---|
| 5909 | + | 5. The department of economic development 202 |
|---|
| 5910 | + | shall promulgate rules to implement the 203 |
|---|
| 5911 | + | provisions of this section, including recapture 204 |
|---|
| 5912 | + | provisions on a scaled proportional basis, and 205 |
|---|
| 5913 | + | to administer the allocation of tax credits 206 |
|---|
| 5914 | + | issued for qualified equity investments, which 207 |
|---|
| 5915 | + | shall be conducted on a first -come, first-serve 208 |
|---|
| 5916 | + | basis. Any rule or portion of a rule, as tha t 209 |
|---|
| 5917 | + | term is defined in section 536.010, that is 210 |
|---|
| 5918 | + | created under the authority delegated in this 211 |
|---|
| 5919 | + | section shall become effective only if it 212 SB 757 171 |
|---|
| 5920 | + | complies with and is subject to all of the 213 |
|---|
| 5921 | + | provisions of chapter 536 and, if applicable, 214 |
|---|
| 5922 | + | section 536.028. This section and chapter 536 215 |
|---|
| 5923 | + | are nonseverable and if any of the powers vested 216 |
|---|
| 5924 | + | with the general assembly pursuant to chapter 217 |
|---|
| 5925 | + | 536 to review, to delay the effective date, or 218 |
|---|
| 5926 | + | to disapprove and annul a rule are subsequently 219 |
|---|
| 5927 | + | held unconstitutional, then the grant of 220 |
|---|
| 5928 | + | rulemaking authority and any rule proposed or 221 |
|---|
| 5929 | + | adopted after September 4, 2007, shall be 222 |
|---|
| 5930 | + | invalid and void. 223 |
|---|
| 5931 | + | 6. For fiscal years following fiscal year 224 |
|---|
| 5932 | + | 2010, qualified equity investments shall not be 225 |
|---|
| 5933 | + | made under this section unless reauthorization 226 |
|---|
| 5934 | + | is made pursuant to this subsection. For all 227 |
|---|
| 5935 | + | fiscal years following fiscal year 2010, unless 228 |
|---|
| 5936 | + | the general assembly adopts a concurrent 229 |
|---|
| 5937 | + | resolution granting authority to the department 230 |
|---|
| 5938 | + | of economic development to approve qualified 231 |
|---|
| 5939 | + | equity investments for t he Missouri new markets 232 |
|---|
| 5940 | + | development program and clearly describing the 233 |
|---|
| 5941 | + | amount of tax credits available for the next 234 |
|---|
| 5942 | + | fiscal year, or otherwise complies with the 235 |
|---|
| 5943 | + | provisions of this subsection, no qualified 236 |
|---|
| 5944 | + | equity investments may be permitted to be made 237 |
|---|
| 5945 | + | under this section. The amount of available tax 238 |
|---|
| 5946 | + | credits contained in such a resolution shall not 239 |
|---|
| 5947 | + | exceed the limitation provided under subsection 240 |
|---|
| 5948 | + | 2 of this section. In any year in which the 241 |
|---|
| 5949 | + | provisions of this section shall sunset pursuant 242 |
|---|
| 5950 | + | to subsection 7 of this section, reauthorization 243 |
|---|
| 5951 | + | shall be made by general law and not by 244 |
|---|
| 5952 | + | concurrent resolution. Nothing in this 245 |
|---|
| 5953 | + | subsection shall preclude a taxpayer who makes a 246 |
|---|
| 5954 | + | qualified equity investment prior to the 247 |
|---|
| 5955 | + | expiration of authority to make qualified equity 248 |
|---|
| 5956 | + | investments from claiming tax credits relating 249 |
|---|
| 5957 | + | to such qualified equity investment for each 250 |
|---|
| 5958 | + | applicable credit allowance date. 251 |
|---|
| 5959 | + | 7. Under section 23.253 of the Missouri 252 |
|---|
| 5960 | + | sunset act: 253 |
|---|
| 5961 | + | (1) The provisions of the new program 254 |
|---|
| 5962 | + | authorized under this section shall 255 |
|---|
| 5963 | + | automatically sunset six years after September 256 SB 757 172 |
|---|
| 5964 | + | 4, 2007, unless reauthorized by an act of the 257 |
|---|
| 5965 | + | general assembly; and 258 |
|---|
| 5966 | + | (2) If such program is reauthorized, the 259 |
|---|
| 5967 | + | program authorized under this section shall 260 |
|---|
| 5968 | + | automatically sunset twel ve years after the 261 |
|---|
| 5969 | + | effective date of the reauthorization of this 262 |
|---|
| 5970 | + | section; and 263 |
|---|
| 5971 | + | (3) This section shall terminate on 264 |
|---|
| 5972 | + | September first of the calendar year immediately 265 |
|---|
| 5973 | + | following the calendar year in which the program 266 |
|---|
| 5974 | + | authorized under this section is sunset. 267 |
|---|
| 5975 | + | However, nothing in this subsection shall 268 |
|---|
| 5976 | + | preclude a taxpayer who makes a qualified equity 269 |
|---|
| 5977 | + | investment prior to sunset of this section under 270 |
|---|
| 5978 | + | the provisions of section 23.253 from claiming 271 |
|---|
| 5979 | + | tax credits relating to such qualified equity 272 |
|---|
| 5980 | + | investment for each credit allowance date. ] 273 |
|---|
| 5981 | + | [135.682. 1. The director of the 1 |
|---|
| 5982 | + | department of economic development or the 2 |
|---|
| 5983 | + | director's designee shall issue letter rulings 3 |
|---|
| 5984 | + | regarding the tax credit program authorized 4 |
|---|
| 5985 | + | under section 135.680, subjec t to the terms and 5 |
|---|
| 5986 | + | conditions set forth in this section. The 6 |
|---|
| 5987 | + | director of the department of economic 7 |
|---|
| 5988 | + | development may impose additional terms and 8 |
|---|
| 5989 | + | conditions consistent with this section to 9 |
|---|
| 5990 | + | requests for letter rulings by regulation 10 |
|---|
| 5991 | + | promulgated under ch apter 536. For the purposes 11 |
|---|
| 5992 | + | of this section, the term "letter ruling" means 12 |
|---|
| 5993 | + | a written interpretation of law to a specific 13 |
|---|
| 5994 | + | set of facts provided by the applicant 14 |
|---|
| 5995 | + | requesting a letter ruling. 15 |
|---|
| 5996 | + | 2. The director or director's designee 16 |
|---|
| 5997 | + | shall respond to a request for a letter ruling 17 |
|---|
| 5998 | + | within sixty days of receipt of such request. 18 |
|---|
| 5999 | + | The applicant may provide a draft letter ruling 19 |
|---|
| 6000 | + | for the department's consideration. The 20 |
|---|
| 6001 | + | applicant may withdraw the request for a letter 21 |
|---|
| 6002 | + | ruling, in writing, prior to the iss uance of the 22 |
|---|
| 6003 | + | letter ruling. The director or the director's 23 |
|---|
| 6004 | + | designee may refuse to issue a letter ruling for 24 |
|---|
| 6005 | + | good cause, but must list the specific reasons 25 SB 757 173 |
|---|
| 6006 | + | for refusing to issue the letter ruling. Good 26 |
|---|
| 6007 | + | cause includes, but is not limited to: 27 |
|---|
| 6008 | + | (1) The applicant requests the director to 28 |
|---|
| 6009 | + | determine whether a statute is constitutional or 29 |
|---|
| 6010 | + | a regulation is lawful; 30 |
|---|
| 6011 | + | (2) The request involves a hypothetical 31 |
|---|
| 6012 | + | situation or alternative plans; 32 |
|---|
| 6013 | + | (3) The facts or issues presented in the 33 |
|---|
| 6014 | + | request are unclear, overbroad, insufficient, or 34 |
|---|
| 6015 | + | otherwise inappropriate as a basis upon which to 35 |
|---|
| 6016 | + | issue a letter ruling; and 36 |
|---|
| 6017 | + | (4) The issue is currently being 37 |
|---|
| 6018 | + | considered in a rulemaking procedure, contested 38 |
|---|
| 6019 | + | case, or other agency or judicial proceeding 39 |
|---|
| 6020 | + | that may definitely resolve the issue. 40 |
|---|
| 6021 | + | 3. Letter rulings shall bind the director 41 |
|---|
| 6022 | + | and the director's agents and their successors 42 |
|---|
| 6023 | + | until such time as the taxpayer or its 43 |
|---|
| 6024 | + | shareholders, members, or partners, as 44 |
|---|
| 6025 | + | applicable, claim all of such tax credits on a 45 |
|---|
| 6026 | + | Missouri tax return, subject to the terms and 46 |
|---|
| 6027 | + | conditions set forth in properly published 47 |
|---|
| 6028 | + | regulations. The letter ruling shall apply only 48 |
|---|
| 6029 | + | to the applicant. 49 |
|---|
| 6030 | + | 4. Letter rulings issued under the 50 |
|---|
| 6031 | + | authority of this section shall not be a rule as 51 |
|---|
| 6032 | + | defined in section 536.010 in that it is an 52 |
|---|
| 6033 | + | interpretation issued by the department with 53 |
|---|
| 6034 | + | respect to a specific set of facts and intended 54 |
|---|
| 6035 | + | to apply only to that specific set of facts, and 55 |
|---|
| 6036 | + | therefore shall not be subject to the rulemaking 56 |
|---|
| 6037 | + | requirements of chapt er 536. 57 |
|---|
| 6038 | + | 5. Information in letter ruling requests 58 |
|---|
| 6039 | + | as described in section 620.014 shall be closed 59 |
|---|
| 6040 | + | to the public. Copies of letter rulings shall 60 |
|---|
| 6041 | + | be available to the public provided that the 61 |
|---|
| 6042 | + | applicant identifying information and otherwise 62 |
|---|
| 6043 | + | protected information is redacted from the 63 |
|---|
| 6044 | + | letter ruling as provided in subsection 1 of 64 |
|---|
| 6045 | + | section 610.024.] 65 |
|---|
| 6046 | + | [135.710. 1. As used in this section, the 1 |
|---|
| 6047 | + | following terms mean: 2 SB 757 174 |
|---|
| 6048 | + | (1) "Alternative fuel vehicle refueling 3 |
|---|
| 6049 | + | property", property in this state owned by an 4 |
|---|
| 6050 | + | eligible applicant and used for storing 5 |
|---|
| 6051 | + | alternative fuels and for dispensing such 6 |
|---|
| 6052 | + | alternative fuels into fuel tanks of motor 7 |
|---|
| 6053 | + | vehicles owned by such eligible applicant or 8 |
|---|
| 6054 | + | private citizens; 9 |
|---|
| 6055 | + | (2) "Alternative fuels", any motor fuel at 10 |
|---|
| 6056 | + | least seventy percent of the volume of which 11 |
|---|
| 6057 | + | consists of one or more of the following: 12 |
|---|
| 6058 | + | (a) Ethanol; 13 |
|---|
| 6059 | + | (b) Natural gas; 14 |
|---|
| 6060 | + | (c) Compressed natural gas, or CNG; 15 |
|---|
| 6061 | + | (d) Liquified natural gas, or LNG; 16 |
|---|
| 6062 | + | (e) Liquified petroleum gas , or LP gas, 17 |
|---|
| 6063 | + | propane, or autogas; 18 |
|---|
| 6064 | + | (f) Any mixture of biodiesel and diesel 19 |
|---|
| 6065 | + | fuel, without regard to any use of kerosene; 20 |
|---|
| 6066 | + | (g) Hydrogen; 21 |
|---|
| 6067 | + | (3) "Department", the department of 22 |
|---|
| 6068 | + | economic development; 23 |
|---|
| 6069 | + | (4) "Electric vehicle recharging 24 |
|---|
| 6070 | + | property", property in this state owned by an 25 |
|---|
| 6071 | + | eligible applicant and used for recharging 26 |
|---|
| 6072 | + | electric motor vehicles owned by such eligible 27 |
|---|
| 6073 | + | applicant or private citizens; 28 |
|---|
| 6074 | + | (5) "Eligible applicant", a business 29 |
|---|
| 6075 | + | entity or private citizen that is the owner of 30 |
|---|
| 6076 | + | an electric vehicle recharging property or an 31 |
|---|
| 6077 | + | alternative fuel vehicle refueling property; 32 |
|---|
| 6078 | + | (6) "Qualified Missouri contractor", a 33 |
|---|
| 6079 | + | contractor whose principal place of business is 34 |
|---|
| 6080 | + | located in Missouri and has been located in 35 |
|---|
| 6081 | + | Missouri for a period of not less than five 36 |
|---|
| 6082 | + | years; 37 |
|---|
| 6083 | + | (7) "Qualified property", an electric 38 |
|---|
| 6084 | + | vehicle recharging property or an alternative 39 |
|---|
| 6085 | + | fuel vehicle refueling property which, if 40 |
|---|
| 6086 | + | constructed after August 28, 2014, was 41 |
|---|
| 6087 | + | constructed with at least fifty -one percent of 42 |
|---|
| 6088 | + | the costs being paid to qualified Missouri 43 |
|---|
| 6089 | + | contractors for the: 44 SB 757 175 |
|---|
| 6090 | + | (a) Fabrication of premanufactured 45 |
|---|
| 6091 | + | equipment or process piping used in the 46 |
|---|
| 6092 | + | construction of such facility; 47 |
|---|
| 6093 | + | (b) Construction of such facility; and 48 |
|---|
| 6094 | + | (c) General maintenance of su ch facility 49 |
|---|
| 6095 | + | during the time period in which such facility 50 |
|---|
| 6096 | + | receives any tax credit under this section. 51 |
|---|
| 6097 | + | If no qualified Missouri contractor is located 52 |
|---|
| 6098 | + | within seventy-five miles of the property, the 53 |
|---|
| 6099 | + | requirement that fifty -one percent of the costs 54 |
|---|
| 6100 | + | shall be paid to qualified Missouri contractors 55 |
|---|
| 6101 | + | shall not apply. 56 |
|---|
| 6102 | + | 2. For all tax years beginning on or after 57 |
|---|
| 6103 | + | January 1, 2015, but before January 1, 2018, any 58 |
|---|
| 6104 | + | eligible applicant who installs and operates a 59 |
|---|
| 6105 | + | qualified property shall be allowed a credit 60 |
|---|
| 6106 | + | against the tax otherwise due under chapter 143, 61 |
|---|
| 6107 | + | excluding withholding tax imposed by sections 62 |
|---|
| 6108 | + | 143.191 to 143.265, or due under chapter 147 or 63 |
|---|
| 6109 | + | chapter 148 for any tax year in which the 64 |
|---|
| 6110 | + | applicant is constructing the qualified 65 |
|---|
| 6111 | + | property. The credit allowed in this section 66 |
|---|
| 6112 | + | per eligible applicant who is a private citizen 67 |
|---|
| 6113 | + | shall not exceed fifteen hundred dollars or per 68 |
|---|
| 6114 | + | eligible applicant that is a business entity 69 |
|---|
| 6115 | + | shall not exceed the lesser of twenty thousand 70 |
|---|
| 6116 | + | dollars or twenty percent of the total costs 71 |
|---|
| 6117 | + | directly associated with the purchase and 72 |
|---|
| 6118 | + | installation of any alternative fuel storage and 73 |
|---|
| 6119 | + | dispensing equipment or any recharging equipment 74 |
|---|
| 6120 | + | on any qualified property, which shall not 75 |
|---|
| 6121 | + | include the following: 76 |
|---|
| 6122 | + | (1) Costs associated with the purchase o f 77 |
|---|
| 6123 | + | land upon which to place a qualified property; 78 |
|---|
| 6124 | + | (2) Costs associated with the purchase of 79 |
|---|
| 6125 | + | an existing qualified property; or 80 |
|---|
| 6126 | + | (3) Costs for the construction or purchase 81 |
|---|
| 6127 | + | of any structure. 82 |
|---|
| 6128 | + | 3. Tax credits allowed by this section 83 |
|---|
| 6129 | + | shall be claimed by the eligible applicant at 84 |
|---|
| 6130 | + | the time such applicant files a return for the 85 |
|---|
| 6131 | + | tax year in which the storage and dispensing or 86 |
|---|
| 6132 | + | recharging facilities were placed in service at 87 |
|---|
| 6133 | + | a qualified property, and shall be applied 88 SB 757 176 |
|---|
| 6134 | + | against the income tax liab ility imposed by 89 |
|---|
| 6135 | + | chapter 143, chapter 147, or chapter 148 after 90 |
|---|
| 6136 | + | all other credits provided by law have been 91 |
|---|
| 6137 | + | applied. The cumulative amount of tax credits 92 |
|---|
| 6138 | + | which may be claimed by eligible applicants 93 |
|---|
| 6139 | + | claiming all credits authorized in this section 94 |
|---|
| 6140 | + | shall not exceed one million dollars in any 95 |
|---|
| 6141 | + | calendar year, subject to appropriations. 96 |
|---|
| 6142 | + | 4. If the amount of the tax credit exceeds 97 |
|---|
| 6143 | + | the eligible applicant's tax liability, the 98 |
|---|
| 6144 | + | difference shall not be refundable. Any amount 99 |
|---|
| 6145 | + | of credit that an eligible a pplicant is 100 |
|---|
| 6146 | + | prohibited by this section from claiming in a 101 |
|---|
| 6147 | + | taxable year may be carried forward to any of 102 |
|---|
| 6148 | + | such applicant's two subsequent taxable years. 103 |
|---|
| 6149 | + | Tax credits allowed under this section may be 104 |
|---|
| 6150 | + | assigned, transferred, sold, or otherwise 105 |
|---|
| 6151 | + | conveyed. 106 |
|---|
| 6152 | + | 5. Any qualified property, for which an 107 |
|---|
| 6153 | + | eligible applicant receives tax credits under 108 |
|---|
| 6154 | + | this section, which ceases to sell alternative 109 |
|---|
| 6155 | + | fuel or recharge electric vehicles shall cause 110 |
|---|
| 6156 | + | the forfeiture of such eligible applicant's tax 111 |
|---|
| 6157 | + | credits provided under this section for the 112 |
|---|
| 6158 | + | taxable year in which the qualified property 113 |
|---|
| 6159 | + | ceased to sell alternative fuel or recharge 114 |
|---|
| 6160 | + | electric vehicles and for future taxable years 115 |
|---|
| 6161 | + | with no recapture of tax credits obtained by an 116 |
|---|
| 6162 | + | eligible applicant with respect to such 117 |
|---|
| 6163 | + | applicant's tax years which ended before the 118 |
|---|
| 6164 | + | sale of alternative fuel or recharging of 119 |
|---|
| 6165 | + | electric vehicles ceased. 120 |
|---|
| 6166 | + | 6. The director of revenue shall establish 121 |
|---|
| 6167 | + | the procedure by which the tax credits in this 122 |
|---|
| 6168 | + | section may be claimed, and shall establis h a 123 |
|---|
| 6169 | + | procedure by which the cumulative amount of tax 124 |
|---|
| 6170 | + | credits is apportioned equally among all 125 |
|---|
| 6171 | + | eligible applicants claiming the credit. To the 126 |
|---|
| 6172 | + | maximum extent possible, the director of revenue 127 |
|---|
| 6173 | + | shall establish the procedure described in this 128 |
|---|
| 6174 | + | subsection in such a manner as to ensure that 129 |
|---|
| 6175 | + | eligible applicants can claim all the tax 130 |
|---|
| 6176 | + | credits possible up to the cumulative amount of 131 |
|---|
| 6177 | + | tax credits available for the taxable year. No 132 SB 757 177 |
|---|
| 6178 | + | eligible applicant claiming a tax credit under 133 |
|---|
| 6179 | + | this section shall be liable fo r any interest or 134 |
|---|
| 6180 | + | penalty for filing a tax return after the date 135 |
|---|
| 6181 | + | fixed for filing such return as a result of the 136 |
|---|
| 6182 | + | apportionment procedure under this subsection. 137 |
|---|
| 6183 | + | 7. Any eligible applicant desiring to 138 |
|---|
| 6184 | + | claim a tax credit under this section shall 139 |
|---|
| 6185 | + | submit the appropriate application for such 140 |
|---|
| 6186 | + | credit with the department. The application for 141 |
|---|
| 6187 | + | a tax credit under this section shall include 142 |
|---|
| 6188 | + | any information required by the department. The 143 |
|---|
| 6189 | + | department shall review the applications and 144 |
|---|
| 6190 | + | certify to the depart ment of revenue each 145 |
|---|
| 6191 | + | eligible applicant that qualifies for the tax 146 |
|---|
| 6192 | + | credit. 147 |
|---|
| 6193 | + | 8. The department and the department of 148 |
|---|
| 6194 | + | revenue may promulgate rules to implement the 149 |
|---|
| 6195 | + | provisions of this section. Any rule or portion 150 |
|---|
| 6196 | + | of a rule, as that term is defined in section 151 |
|---|
| 6197 | + | 536.010, that is created under the authority 152 |
|---|
| 6198 | + | delegated in this section shall become effective 153 |
|---|
| 6199 | + | only if it complies with and is subject to all 154 |
|---|
| 6200 | + | of the provisions of chapter 536 and, if 155 |
|---|
| 6201 | + | applicable, section 536.028. This section and 156 |
|---|
| 6202 | + | chapter 536 are nonseverable and if any of the 157 |
|---|
| 6203 | + | powers vested with the general assembly pursuant 158 |
|---|
| 6204 | + | to chapter 536 to review, to delay the effective 159 |
|---|
| 6205 | + | date, or to disapprove and annul a rule are 160 |
|---|
| 6206 | + | subsequently held unconstitutional, then the 161 |
|---|
| 6207 | + | grant of rulemaking authori ty and any rule 162 |
|---|
| 6208 | + | proposed or adopted after August 28, 2008, shall 163 |
|---|
| 6209 | + | be invalid and void. 164 |
|---|
| 6210 | + | 9. The provisions of section 23.253 of the 165 |
|---|
| 6211 | + | Missouri sunset act notwithstanding: 166 |
|---|
| 6212 | + | (1) The provisions of the new program 167 |
|---|
| 6213 | + | authorized under this section shall 168 |
|---|
| 6214 | + | automatically sunset three years after December 169 |
|---|
| 6215 | + | 31, 2014, unless reauthorized by an act of the 170 |
|---|
| 6216 | + | general assembly; and 171 |
|---|
| 6217 | + | (2) If such program is reauthorized, the 172 |
|---|
| 6218 | + | program authorized under this section shall 173 |
|---|
| 6219 | + | automatically sunset six years after the 174 |
|---|
| 6220 | + | effective date of the reauthorization of this 175 |
|---|
| 6221 | + | section; and 176 SB 757 178 |
|---|
| 6222 | + | (3) This section shall terminate on 177 |
|---|
| 6223 | + | December thirty-first of the calendar year 178 |
|---|
| 6224 | + | immediately following the calendar year in which 179 |
|---|
| 6225 | + | the program authorized under this section is 180 |
|---|
| 6226 | + | sunset; and 181 |
|---|
| 6227 | + | (4) The provisions of this subsection 182 |
|---|
| 6228 | + | shall not be construed to limit or in any way 183 |
|---|
| 6229 | + | impair the department's ability to redeem tax 184 |
|---|
| 6230 | + | credits authorized on or before the date the 185 |
|---|
| 6231 | + | program authorized under this section expires or 186 |
|---|
| 6232 | + | a taxpayer's ability to redeem such tax credits. ] 187 |
|---|
| 6233 | + | [135.766. An eligible small business, as 1 |
|---|
| 6234 | + | defined in Section 44 of the Internal Revenue 2 |
|---|
| 6235 | + | Code, shall be allowed a credit against the tax 3 |
|---|
| 6236 | + | otherwise due pursuant to chapter 143, not 4 |
|---|
| 6237 | + | including sections 143.191 to 143.265, in an 5 |
|---|
| 6238 | + | amount equal to any amount paid by the eligible 6 |
|---|
| 6239 | + | small business to the United States Small 7 |
|---|
| 6240 | + | Business Administration as a guaranty fee 8 |
|---|
| 6241 | + | pursuant to obtaining Small Business 9 |
|---|
| 6242 | + | Administration guaranteed financing and to 10 |
|---|
| 6243 | + | programs administere d by the United States 11 |
|---|
| 6244 | + | Department of Agriculture for rural development 12 |
|---|
| 6245 | + | or farm service agencies. No tax credits 13 |
|---|
| 6246 | + | provided under this section shall be authorized 14 |
|---|
| 6247 | + | on or after the thirtieth day following the 15 |
|---|
| 6248 | + | effective date of this act. The provisions of 16 |
|---|
| 6249 | + | this subsection shall not be construed to limit 17 |
|---|
| 6250 | + | or in any way impair the department's ability to 18 |
|---|
| 6251 | + | issue tax credits authorized prior to the 19 |
|---|
| 6252 | + | thirtieth day following the effective date of 20 |
|---|
| 6253 | + | this act, or a taxpayer's ability to redeem such 21 |
|---|
| 6254 | + | tax credits.] 22 |
|---|
| 6255 | + | [135.980. 1. As used in this section, the 1 |
|---|
| 6256 | + | following terms shall mean: 2 |
|---|
| 6257 | + | (1) "NAICS", the classification provided 3 |
|---|
| 6258 | + | by the most recent edition of the North American 4 |
|---|
| 6259 | + | Industry Classification System as prepared by 5 |
|---|
| 6260 | + | the Executive Office of the President, Office of 6 |
|---|
| 6261 | + | Management and Budget; 7 |
|---|
| 6262 | + | (2) "Public financial incentive", any 8 |
|---|
| 6263 | + | economic or financial incentive offered 9 |
|---|
| 6264 | + | including: 10 SB 757 179 |
|---|
| 6265 | + | (a) Any tax reduction, credit, 11 |
|---|
| 6266 | + | forgiveness, abatement, subsidy, or other tax - 12 |
|---|
| 6267 | + | relieving measure; 13 |
|---|
| 6268 | + | (b) Any tax increment financing or similar 14 |
|---|
| 6269 | + | financial arrangement; 15 |
|---|
| 6270 | + | (c) Any monetary or nonmonetary benefit 16 |
|---|
| 6271 | + | related to any bond, loan, or similar financial 17 |
|---|
| 6272 | + | arrangement; 18 |
|---|
| 6273 | + | (d) Any reduction, credit, forgiveness, 19 |
|---|
| 6274 | + | abatement, subsidy, or othe r relief related to 20 |
|---|
| 6275 | + | any bond, loan, or similar financial 21 |
|---|
| 6276 | + | arrangement; and 22 |
|---|
| 6277 | + | (e) The ability to form, own, direct, or 23 |
|---|
| 6278 | + | receive any economic or financial benefit from 24 |
|---|
| 6279 | + | any special taxation district. 25 |
|---|
| 6280 | + | 2. No city not within a county shall by 26 |
|---|
| 6281 | + | ballot measure impose any restriction on any 27 |
|---|
| 6282 | + | public financial incentive authorized by statute 28 |
|---|
| 6283 | + | for a business with a NAICS code of 212111. 29 |
|---|
| 6284 | + | 3. The provisions of this section shall 30 |
|---|
| 6285 | + | expire on December 31, 2017. ] 31 |
|---|
| 6286 | + | [136.450. 1. There is hereby established 1 |
|---|
| 6287 | + | the "Study Commission on State Tax Policy" which 2 |
|---|
| 6288 | + | shall be composed of the following members: 3 |
|---|
| 6289 | + | (1) The members of the joint committee on 4 |
|---|
| 6290 | + | tax policy established in section 21.810; 5 |
|---|
| 6291 | + | (2) The state treasurer; 6 |
|---|
| 6292 | + | (3) The state budget director; 7 |
|---|
| 6293 | + | (4) The director of the department of 8 |
|---|
| 6294 | + | revenue, but only if such person has been 9 |
|---|
| 6295 | + | appointed by the governor with the advice and 10 |
|---|
| 6296 | + | consent of the senate in accordance with Article 11 |
|---|
| 6297 | + | IV, Section 51 of the Constitution of Missouri; 12 |
|---|
| 6298 | + | (5) Three individuals representing the 13 |
|---|
| 6299 | + | needs and concerns of individual taxpayers in 14 |
|---|
| 6300 | + | this state, one of whom shall be appointed by 15 |
|---|
| 6301 | + | the lieutenant governor, one of whom shall be 16 |
|---|
| 6302 | + | appointed by the minority floor leader of the 17 |
|---|
| 6303 | + | house of representatives, and one of whom shall 18 |
|---|
| 6304 | + | be appointed by the minority floor leader of the 19 |
|---|
| 6305 | + | senate; 20 |
|---|
| 6306 | + | (6) A certified public accountant, who 21 |
|---|
| 6307 | + | shall be appointed by the lieutenant governor in 22 SB 757 180 |
|---|
| 6308 | + | consultation with the Missouri Society of 23 |
|---|
| 6309 | + | Certified Public Accountants; 24 |
|---|
| 6310 | + | (7) An independent tax practitioner, who 25 |
|---|
| 6311 | + | shall be appointed by the lieutenant governor in 26 |
|---|
| 6312 | + | consultation with the Missouri Society of 27 |
|---|
| 6313 | + | Accountants; 28 |
|---|
| 6314 | + | (8) An individual with experience 29 |
|---|
| 6315 | + | operating a business with a headquarters in this 30 |
|---|
| 6316 | + | state and fewer than fifty employees, who shall 31 |
|---|
| 6317 | + | be appointed by the speaker of the house of 32 |
|---|
| 6318 | + | representatives; 33 |
|---|
| 6319 | + | (9) An individual with experience 34 |
|---|
| 6320 | + | operating a business with a headquarters in this 35 |
|---|
| 6321 | + | state and at least fifty employees, who shall be 36 |
|---|
| 6322 | + | appointed by the presiden t pro tempore of the 37 |
|---|
| 6323 | + | senate; 38 |
|---|
| 6324 | + | (10) Two individuals with significant 39 |
|---|
| 6325 | + | experience in state and local taxation, public 40 |
|---|
| 6326 | + | or private budgeting and finance, or public 41 |
|---|
| 6327 | + | services delivery, one of whom shall be 42 |
|---|
| 6328 | + | appointed by the speaker of the house of 43 |
|---|
| 6329 | + | representatives in consultation with the 44 |
|---|
| 6330 | + | Missouri Association of Counties and the other 45 |
|---|
| 6331 | + | appointed by the president pro tempore of the 46 |
|---|
| 6332 | + | senate in consultation with Missouri Municipal 47 |
|---|
| 6333 | + | League; and 48 |
|---|
| 6334 | + | (11) A member of the Missouri Bar with 49 |
|---|
| 6335 | + | knowledge of the tax laws of this state, 50 |
|---|
| 6336 | + | including tax administration and compliance, who 51 |
|---|
| 6337 | + | shall be appointed by the board of governors of 52 |
|---|
| 6338 | + | the Missouri Bar. 53 |
|---|
| 6339 | + | 2. Any vacancy on the commission shall be 54 |
|---|
| 6340 | + | filled in the same manner as the original 55 |
|---|
| 6341 | + | appointment. Any appointed member of the 56 |
|---|
| 6342 | + | commission shall serve at the pleasure of the 57 |
|---|
| 6343 | + | appointing authority. Commission members shall 58 |
|---|
| 6344 | + | serve without compensation but shall be entitled 59 |
|---|
| 6345 | + | to reimbursement for actual and necessary 60 |
|---|
| 6346 | + | expenses incurred in the performance of their 61 |
|---|
| 6347 | + | official duties. 62 |
|---|
| 6348 | + | 3. The commission shall meet in the 63 |
|---|
| 6349 | + | capitol building within ten days after its 64 |
|---|
| 6350 | + | creation and organize by selecting a chair and 65 |
|---|
| 6351 | + | vice chair from its members. After its 66 SB 757 181 |
|---|
| 6352 | + | organization, the commission shall adopt an 67 |
|---|
| 6353 | + | agenda establishing at least five hearing 68 |
|---|
| 6354 | + | dates. The hearings shall be held in different 69 |
|---|
| 6355 | + | geographic regions of the state and open to the 70 |
|---|
| 6356 | + | public. Additional meetings may be scheduled 71 |
|---|
| 6357 | + | and held as often as the chair deems advisable. 72 |
|---|
| 6358 | + | A majority of the members shall cons titute a 73 |
|---|
| 6359 | + | quorum. 74 |
|---|
| 6360 | + | 4. It shall be the duty of the commission: 75 |
|---|
| 6361 | + | (1) To make a complete, detailed review 76 |
|---|
| 6362 | + | and study of the tax structure of the state and 77 |
|---|
| 6363 | + | its political subdivisions, including tax 78 |
|---|
| 6364 | + | sources, the impact of taxes, collection 79 |
|---|
| 6365 | + | procedures, administrative regulations, and all 80 |
|---|
| 6366 | + | other factors pertinent to the fiscal operation 81 |
|---|
| 6367 | + | of the state; 82 |
|---|
| 6368 | + | (2) To identify the strengths and 83 |
|---|
| 6369 | + | weaknesses of state tax laws, and develop a 84 |
|---|
| 6370 | + | broad range of improvements that could be made 85 |
|---|
| 6371 | + | to modernize the tax system, maximize economic 86 |
|---|
| 6372 | + | development and growth, and maintain necessary 87 |
|---|
| 6373 | + | government services at an appropriate level; 88 |
|---|
| 6374 | + | (3) To investigate measures and methods to 89 |
|---|
| 6375 | + | simplify state tax law, improve tax compliance, 90 |
|---|
| 6376 | + | and reduce administrative costs; a nd 91 |
|---|
| 6377 | + | (4) To examine and study any other aspects 92 |
|---|
| 6378 | + | of state and local government which may be 93 |
|---|
| 6379 | + | related to the tax structure of the state. 94 |
|---|
| 6380 | + | 5. In order to carry out its duties and 95 |
|---|
| 6381 | + | responsibilities under this section, the 96 |
|---|
| 6382 | + | commission shall have the a uthority to: 97 |
|---|
| 6383 | + | (1) Consult with public and private 98 |
|---|
| 6384 | + | universities and academies, public and private 99 |
|---|
| 6385 | + | organizations, and private citizens in the 100 |
|---|
| 6386 | + | performance of its duties; 101 |
|---|
| 6387 | + | (2) Within the limits of appropriations 102 |
|---|
| 6388 | + | made for such purpose, employ cons ultants or 103 |
|---|
| 6389 | + | others to assist the commission in its work, or 104 |
|---|
| 6390 | + | contract with public and private entities for 105 |
|---|
| 6391 | + | analysis and study of current or proposed 106 |
|---|
| 6392 | + | changes to state and local tax policy; and 107 |
|---|
| 6393 | + | (3) Make reasonable requests for staff 108 |
|---|
| 6394 | + | assistance from the research and appropriations 109 |
|---|
| 6395 | + | staffs of the house of representatives and 110 SB 757 182 |
|---|
| 6396 | + | senate and the committee on legislative 111 |
|---|
| 6397 | + | research, as well as the office of 112 |
|---|
| 6398 | + | administration and the department of revenue. 113 |
|---|
| 6399 | + | 6. All state agencies and political 114 |
|---|
| 6400 | + | subdivisions of the state responsible for the 115 |
|---|
| 6401 | + | administration of tax policies shall cooperate 116 |
|---|
| 6402 | + | with and assist the commission in the 117 |
|---|
| 6403 | + | performance of its duties and shall make 118 |
|---|
| 6404 | + | available all books, records, and information 119 |
|---|
| 6405 | + | requested, except such books, records, and 120 |
|---|
| 6406 | + | information as are by law declared confidential 121 |
|---|
| 6407 | + | in nature, including individually identifiable 122 |
|---|
| 6408 | + | information regarding a specific taxpayer. 123 |
|---|
| 6409 | + | 7. The commission may issue interim 124 |
|---|
| 6410 | + | reports as it deems fit, but it shall provide 125 |
|---|
| 6411 | + | the governor and the general assembly with 126 |
|---|
| 6412 | + | reports of its findings and recommendations for 127 |
|---|
| 6413 | + | legal and administrative changes, along with any 128 |
|---|
| 6414 | + | proposed legislation the commission recommends 129 |
|---|
| 6415 | + | for adoption by the general assembly. A 130 |
|---|
| 6416 | + | preliminary report shall be due by December 31, 131 |
|---|
| 6417 | + | 2016. A final report shall be due December 31, 132 |
|---|
| 6418 | + | 2017. 133 |
|---|
| 6419 | + | 8. The commission shall cease all 134 |
|---|
| 6420 | + | activities by January 1, 2018. This section 135 |
|---|
| 6421 | + | shall expire August 28, 2018. ] 136 |
|---|
| 6422 | + | [142.1000. 1. There is hereby created 1 |
|---|
| 6423 | + | within the department of r evenue the "Electric 2 |
|---|
| 6424 | + | Vehicle Task Force" to consist of the following 3 |
|---|
| 6425 | + | members: 4 |
|---|
| 6426 | + | (1) The director of the department of 5 |
|---|
| 6427 | + | revenue, or his or her designee, who shall serve 6 |
|---|
| 6428 | + | as chair; 7 |
|---|
| 6429 | + | (2) The chairman of the public service 8 |
|---|
| 6430 | + | commission, or his or her designee, who shall 9 |
|---|
| 6431 | + | serve as vice chair; 10 |
|---|
| 6432 | + | (3) The director of the department of 11 |
|---|
| 6433 | + | transportation, or his or her designee; 12 |
|---|
| 6434 | + | (4) One member of the senate committee 13 |
|---|
| 6435 | + | with jurisdiction over transportation matters, 14 |
|---|
| 6436 | + | to be appointed by the president p ro tempore of 15 |
|---|
| 6437 | + | the senate; 16 SB 757 183 |
|---|
| 6438 | + | (5) One member of the house of 17 |
|---|
| 6439 | + | representatives committee with jurisdiction over 18 |
|---|
| 6440 | + | transportation matters, to be appointed by the 19 |
|---|
| 6441 | + | speaker of the house of representatives; 20 |
|---|
| 6442 | + | (6) One member of the senate committee 21 |
|---|
| 6443 | + | with jurisdiction over transportation matters, 22 |
|---|
| 6444 | + | to be appointed by the minority floor leader of 23 |
|---|
| 6445 | + | the senate; 24 |
|---|
| 6446 | + | (7) One member of the house of 25 |
|---|
| 6447 | + | representatives committee with jurisdiction over 26 |
|---|
| 6448 | + | transportation matters, to be appointed by the 27 |
|---|
| 6449 | + | minority floor leader of the house of 28 |
|---|
| 6450 | + | representatives; 29 |
|---|
| 6451 | + | (8) One representative of the trucking or 30 |
|---|
| 6452 | + | heavy vehicle industry, to be appointed by the 31 |
|---|
| 6453 | + | president pro tempore of the senate; 32 |
|---|
| 6454 | + | (9) One representative of electric vehicle 33 |
|---|
| 6455 | + | manufacturers or dealers, to be a ppointed by the 34 |
|---|
| 6456 | + | speaker of the house of representatives; 35 |
|---|
| 6457 | + | (10) One representative of conventional 36 |
|---|
| 6458 | + | motor vehicle manufacturers or dealers, to be 37 |
|---|
| 6459 | + | appointed by the president pro tempore of the 38 |
|---|
| 6460 | + | senate; 39 |
|---|
| 6461 | + | (11) One representative of the petroleum 40 |
|---|
| 6462 | + | industry or convenience stores, to be appointed 41 |
|---|
| 6463 | + | by the speaker of the house of representatives; 42 |
|---|
| 6464 | + | (12) One representative of electric 43 |
|---|
| 6465 | + | vehicle charging station manufacturers or 44 |
|---|
| 6466 | + | operators, to be appointed by the president pro 45 |
|---|
| 6467 | + | tempore of the senate; an d 46 |
|---|
| 6468 | + | (13) One representative of electric 47 |
|---|
| 6469 | + | utilities, to be appointed by the speaker of the 48 |
|---|
| 6470 | + | house of representatives. 49 |
|---|
| 6471 | + | 2. The task force shall analyze the 50 |
|---|
| 6472 | + | following in the context of transportation 51 |
|---|
| 6473 | + | funding, and make recommendations as to any 52 |
|---|
| 6474 | + | actions the state should take to fund 53 |
|---|
| 6475 | + | transportation infrastructure in anticipation of 54 |
|---|
| 6476 | + | more widespread adoption of electric vehicles: 55 |
|---|
| 6477 | + | (1) Removal or mitigation of barriers to 56 |
|---|
| 6478 | + | electric vehicle charging, including strategies, 57 |
|---|
| 6479 | + | such as time-of-use rates, to reduce operating 58 |
|---|
| 6480 | + | costs for current and future electric vehicle 59 |
|---|
| 6481 | + | owners without shifting costs to electric 60 SB 757 184 |
|---|
| 6482 | + | ratepayers who do not own or operate electric 61 |
|---|
| 6483 | + | vehicles; 62 |
|---|
| 6484 | + | (2) Strategies for managing the impact of 63 |
|---|
| 6485 | + | electric vehicles on, and services pr ovided for 64 |
|---|
| 6486 | + | electric vehicles by, the electricity 65 |
|---|
| 6487 | + | transmission and distribution system; 66 |
|---|
| 6488 | + | (3) Electric system benefits and costs of 67 |
|---|
| 6489 | + | electric vehicle charging, electric utility 68 |
|---|
| 6490 | + | planning for electric vehicle charging, and rate 69 |
|---|
| 6491 | + | design for electric veh icle charging; 70 |
|---|
| 6492 | + | (4) The appropriate role of electric 71 |
|---|
| 6493 | + | utilities with regard to the deployment and 72 |
|---|
| 6494 | + | operation of electric vehicle charging systems; 73 |
|---|
| 6495 | + | (5) How and on what terms, including 74 |
|---|
| 6496 | + | quantity, pricing, and time of day, charging 75 |
|---|
| 6497 | + | stations owned or operated by entities other 76 |
|---|
| 6498 | + | than electric utilities will obtain electricity 77 |
|---|
| 6499 | + | to provide to electric vehicles; 78 |
|---|
| 6500 | + | (6) What safety standards should apply to 79 |
|---|
| 6501 | + | the charging of electric vehicles; 80 |
|---|
| 6502 | + | (7) The recommended scope of the 81 |
|---|
| 6503 | + | jurisdiction of the public service commission, 82 |
|---|
| 6504 | + | the department of revenue, and other state 83 |
|---|
| 6505 | + | agencies over charging stations owned or 84 |
|---|
| 6506 | + | operated by entities other than electric 85 |
|---|
| 6507 | + | utilities; 86 |
|---|
| 6508 | + | (8) Whether charging stations owned or 87 |
|---|
| 6509 | + | operated by entities other than electric 88 |
|---|
| 6510 | + | utilities will be free to set the rates or 89 |
|---|
| 6511 | + | prices at which they provide electricity to 90 |
|---|
| 6512 | + | electric vehicles, and any other issues relevant 91 |
|---|
| 6513 | + | to the appropriate oversight of the rates and 92 |
|---|
| 6514 | + | prices charged by such stations, including 93 |
|---|
| 6515 | + | transparency to the consu mer of those rates and 94 |
|---|
| 6516 | + | prices; and 95 |
|---|
| 6517 | + | (9) The recommended billing and complaint 96 |
|---|
| 6518 | + | procedures for charging stations; 97 |
|---|
| 6519 | + | (10) Options to address how electric 98 |
|---|
| 6520 | + | vehicle users pay toward the cost of maintaining 99 |
|---|
| 6521 | + | the state's transportation infrastructure, 100 |
|---|
| 6522 | + | including methods to assess the impact of 101 |
|---|
| 6523 | + | electric vehicles on that infrastructure and how 102 |
|---|
| 6524 | + | to calculate a charge based on that impact, the 103 |
|---|
| 6525 | + | potential assessment of a charge to electric 104 SB 757 185 |
|---|
| 6526 | + | vehicles as a rate per kilowatt hour delivered 105 |
|---|
| 6527 | + | to an electric vehicle, varying such per - 106 |
|---|
| 6528 | + | kilowatt-hour charge by size and type of 107 |
|---|
| 6529 | + | electric vehicle, and phasing in such per - 108 |
|---|
| 6530 | + | kilowatt-hour charge; 109 |
|---|
| 6531 | + | (11) The accuracy of electric metering and 110 |
|---|
| 6532 | + | submetering technology for charging electric 111 |
|---|
| 6533 | + | vehicles; 112 |
|---|
| 6534 | + | (12) Strategies to encourage electric 113 |
|---|
| 6535 | + | vehicle usage without shifting costs to electric 114 |
|---|
| 6536 | + | ratepayers who do not own or charge electric 115 |
|---|
| 6537 | + | vehicles; and 116 |
|---|
| 6538 | + | (13) Any other issues the task force 117 |
|---|
| 6539 | + | considers relevant. 118 |
|---|
| 6540 | + | 3. The department of revenue shall provide 119 |
|---|
| 6541 | + | such research, clerical, technical, and other 120 |
|---|
| 6542 | + | services as the task force may require in the 121 |
|---|
| 6543 | + | performance of its duties. 122 |
|---|
| 6544 | + | 4. The task force may hold public meetings 123 |
|---|
| 6545 | + | at which it may invite testimony from experts, 124 |
|---|
| 6546 | + | or it may solicit information from any party it 125 |
|---|
| 6547 | + | deems may have information relevant to its 126 |
|---|
| 6548 | + | duties under this section. 127 |
|---|
| 6549 | + | 5. No later than December 31, 2022, the 128 |
|---|
| 6550 | + | task force shall provide to the general assembly 129 |
|---|
| 6551 | + | and the governor a written report detailing its 130 |
|---|
| 6552 | + | findings and recommendations, incl uding 131 |
|---|
| 6553 | + | identifying any recommendations that may require 132 |
|---|
| 6554 | + | enabling legislation. 133 |
|---|
| 6555 | + | 6. Members shall serve on the task force 134 |
|---|
| 6556 | + | without compensation, but may, at the discretion 135 |
|---|
| 6557 | + | of the director of the department of revenue, be 136 |
|---|
| 6558 | + | reimbursed for actual and nec essary expenses 137 |
|---|
| 6559 | + | incurred in the performance of their official 138 |
|---|
| 6560 | + | duties as members of the task force. 139 |
|---|
| 6561 | + | 7. The task force shall expire on December 140 |
|---|
| 6562 | + | 31, 2022.] 141 |
|---|
| 6563 | + | [143.173. 1. As used in this section, the 1 |
|---|
| 6564 | + | following terms mean: 2 |
|---|
| 6565 | + | (1) "County average wage", the average 3 |
|---|
| 6566 | + | wages in each county as determined by the 4 |
|---|
| 6567 | + | department of economic development for the most 5 |
|---|
| 6568 | + | recently completed full calendar year. However, 6 SB 757 186 |
|---|
| 6569 | + | if the computed county average wage is above the 7 |
|---|
| 6570 | + | statewide average wage, th e statewide average 8 |
|---|
| 6571 | + | wage shall be deemed the county average wage for 9 |
|---|
| 6572 | + | such county for the purpose of this section; 10 |
|---|
| 6573 | + | (2) "Deduction", an amount subtracted from 11 |
|---|
| 6574 | + | the taxpayer's Missouri adjusted gross income to 12 |
|---|
| 6575 | + | determine Missouri taxable income, or fe deral 13 |
|---|
| 6576 | + | taxable income in the case of a corporation, for 14 |
|---|
| 6577 | + | the tax year in which such deduction is claimed; 15 |
|---|
| 6578 | + | (3) "Full-time employee", a position in 16 |
|---|
| 6579 | + | which the employee is considered full -time by 17 |
|---|
| 6580 | + | the taxpayer and is required to work an average 18 |
|---|
| 6581 | + | of at least thirty-five hours per week for a 19 |
|---|
| 6582 | + | fifty-two week period; 20 |
|---|
| 6583 | + | (4) "New job", the number of full -time 21 |
|---|
| 6584 | + | employees employed by the small business in 22 |
|---|
| 6585 | + | Missouri on the qualifying date that exceeds the 23 |
|---|
| 6586 | + | number of full-time employees employed by the 24 |
|---|
| 6587 | + | small business in Missouri on the same date of 25 |
|---|
| 6588 | + | the immediately preceding taxable year; 26 |
|---|
| 6589 | + | (5) "Qualifying date", any date during the 27 |
|---|
| 6590 | + | tax year as chosen by the small business; 28 |
|---|
| 6591 | + | (6) "Small business", any small business, 29 |
|---|
| 6592 | + | including any sole proprietorship , partnership, 30 |
|---|
| 6593 | + | S-corporation, C-corporation, limited liability 31 |
|---|
| 6594 | + | company, limited liability partnership, or other 32 |
|---|
| 6595 | + | business entity, consisting of fewer than fifty 33 |
|---|
| 6596 | + | full- or part-time employees; 34 |
|---|
| 6597 | + | (7) "Taxpayer", any small business subject 35 |
|---|
| 6598 | + | to the income tax imposed in this chapter, 36 |
|---|
| 6599 | + | including any sole proprietorship, partnership, 37 |
|---|
| 6600 | + | S-corporation, C-corporation, limited liability 38 |
|---|
| 6601 | + | company, limited liability partnership, or other 39 |
|---|
| 6602 | + | business entity. 40 |
|---|
| 6603 | + | 2. In addition to all deductions listed in 41 |
|---|
| 6604 | + | this chapter, for all taxable years beginning on 42 |
|---|
| 6605 | + | or after January 1, 2011, and ending on or 43 |
|---|
| 6606 | + | before December 31, 2014, a taxpayer shall be 44 |
|---|
| 6607 | + | allowed a deduction for each new job created by 45 |
|---|
| 6608 | + | the small business in the taxable year. Tax 46 |
|---|
| 6609 | + | deductions allowed to any par tnership, limited 47 |
|---|
| 6610 | + | liability company, S -corporation, or other pass - 48 |
|---|
| 6611 | + | through entity may be allocated to the partners, 49 |
|---|
| 6612 | + | members, or shareholders of such entity for 50 SB 757 187 |
|---|
| 6613 | + | their direct use in accordance with the 51 |
|---|
| 6614 | + | provisions of any agreement among such partners, 52 |
|---|
| 6615 | + | members, or shareholders. The deduction amount 53 |
|---|
| 6616 | + | shall be as follows: 54 |
|---|
| 6617 | + | (1) Ten thousand dollars for each new job 55 |
|---|
| 6618 | + | created with an annual salary of at least the 56 |
|---|
| 6619 | + | county average wage; or 57 |
|---|
| 6620 | + | (2) Twenty thousand dollars for each new 58 |
|---|
| 6621 | + | job created with an annual salary of at least 59 |
|---|
| 6622 | + | the county average wage if the small business 60 |
|---|
| 6623 | + | offers health insurance and pays at least fifty 61 |
|---|
| 6624 | + | percent of such insurance premiums. 62 |
|---|
| 6625 | + | 3. The department of revenue shall 63 |
|---|
| 6626 | + | establish the procedure by which the deduction 64 |
|---|
| 6627 | + | provided in this section may be claimed, and may 65 |
|---|
| 6628 | + | promulgate rules to implement the provisions of 66 |
|---|
| 6629 | + | this section. Any rule or portion of a rule, as 67 |
|---|
| 6630 | + | that term is defined in section 536.010, that is 68 |
|---|
| 6631 | + | created under the authority delegated in this 69 |
|---|
| 6632 | + | section shall become effective only if it 70 |
|---|
| 6633 | + | complies with and is subject to all of the 71 |
|---|
| 6634 | + | provisions of chapter 536 and, if applicable, 72 |
|---|
| 6635 | + | section 536.028. This section and chapter 536 73 |
|---|
| 6636 | + | are nonseverable and if any of the powers vested 74 |
|---|
| 6637 | + | with the general assembly under chapter 5 36 to 75 |
|---|
| 6638 | + | review, to delay the effective date, or to 76 |
|---|
| 6639 | + | disapprove and annul a rule are subsequently 77 |
|---|
| 6640 | + | held unconstitutional, then the grant of 78 |
|---|
| 6641 | + | rulemaking authority and any rule proposed or 79 |
|---|
| 6642 | + | adopted after August 28, 2011, shall be invalid 80 |
|---|
| 6643 | + | and void. 81 |
|---|
| 6644 | + | 4. Under section 23.253 of the Missouri 82 |
|---|
| 6645 | + | sunset act: 83 |
|---|
| 6646 | + | (1) The provisions of the new program 84 |
|---|
| 6647 | + | authorized under this section shall 85 |
|---|
| 6648 | + | automatically sunset on December thirty -first 86 |
|---|
| 6649 | + | three years after August 28, 2011, unless 87 |
|---|
| 6650 | + | reauthorized by an act of the genera l assembly; 88 |
|---|
| 6651 | + | and 89 |
|---|
| 6652 | + | (2) If such program is reauthorized, the 90 |
|---|
| 6653 | + | program authorized under this section shall 91 |
|---|
| 6654 | + | automatically sunset on December thirty -first 92 |
|---|
| 6655 | + | three years after the effective date of the 93 |
|---|
| 6656 | + | reauthorization of this section; and 94 SB 757 188 |
|---|
| 6657 | + | (3) This section shall terminate on 95 |
|---|
| 6658 | + | September first of the calendar year immediately 96 |
|---|
| 6659 | + | following the calendar year in which the program 97 |
|---|
| 6660 | + | authorized under this section is sunset. ] 98 |
|---|
| 6661 | + | [143.732. 1. Notwithstanding any 1 |
|---|
| 6662 | + | provision of law to the contrary, no taxpayer 2 |
|---|
| 6663 | + | who has an individual tax liability under 3 |
|---|
| 6664 | + | chapter 143 for the tax year beginning January 4 |
|---|
| 6665 | + | 1, 2018, and ending December 31, 2018, shall be 5 |
|---|
| 6666 | + | assessed any penalty before December 31, 2019, 6 |
|---|
| 6667 | + | for a delayed payment or underpayment on such 7 |
|---|
| 6668 | + | liability, provided that such taxpayer timely 8 |
|---|
| 6669 | + | files his or her individual income tax return 9 |
|---|
| 6670 | + | for such tax year and participates, in good 10 |
|---|
| 6671 | + | faith, in any payment plan authorized by the 11 |
|---|
| 6672 | + | department of revenue with respect to such 12 |
|---|
| 6673 | + | liability. Such taxpayer may none theless be 13 |
|---|
| 6674 | + | assessed interest on such liability under the 14 |
|---|
| 6675 | + | provisions of section 143.731 and any other 15 |
|---|
| 6676 | + | relevant provision of law, provided that no 16 |
|---|
| 6677 | + | interest on such liability shall be assessed 17 |
|---|
| 6678 | + | before May 15, 2019. If such taxpayer paid 18 |
|---|
| 6679 | + | interest or penalty on such liability under the 19 |
|---|
| 6680 | + | provisions of section 143.731 and any other 20 |
|---|
| 6681 | + | relevant provision of law before May 15, 2019, 21 |
|---|
| 6682 | + | he or she shall be entitled to a refund of such 22 |
|---|
| 6683 | + | interest or penalty, which shall be due no later 23 |
|---|
| 6684 | + | than December 31, 2019. 24 |
|---|
| 6685 | + | 2. The department of revenue is authorized 25 |
|---|
| 6686 | + | to adopt such rules and regulations as are 26 |
|---|
| 6687 | + | reasonable and necessary to implement the 27 |
|---|
| 6688 | + | provisions of this section. Any rule or portion 28 |
|---|
| 6689 | + | of a rule, as that term is defined in section 29 |
|---|
| 6690 | + | 536.010, that is created unde r the authority 30 |
|---|
| 6691 | + | delegated in this section shall become effective 31 |
|---|
| 6692 | + | only if it complies with and is subject to all 32 |
|---|
| 6693 | + | of the provisions of chapter 536 and, if 33 |
|---|
| 6694 | + | applicable, section 536.028. This section and 34 |
|---|
| 6695 | + | chapter 536 are nonseverable and if any of the 35 |
|---|
| 6696 | + | powers vested with the general assembly pursuant 36 |
|---|
| 6697 | + | to chapter 536 to review, to delay the effective 37 |
|---|
| 6698 | + | date, or to disapprove and annul a rule are 38 |
|---|
| 6699 | + | subsequently held unconstitutional, then the 39 SB 757 189 |
|---|
| 6700 | + | grant of rulemaking authority and any rule 40 |
|---|
| 6701 | + | proposed or adopted afte r July 11, 2019, shall 41 |
|---|
| 6702 | + | be invalid and void. 42 |
|---|
| 6703 | + | 3. Under section 23.253 of the Missouri 43 |
|---|
| 6704 | + | sunset act: 44 |
|---|
| 6705 | + | (1) The provisions of the new program 45 |
|---|
| 6706 | + | authorized under this section shall 46 |
|---|
| 6707 | + | automatically sunset on December 31, 2019; and 47 |
|---|
| 6708 | + | (2) This section shall terminate on 48 |
|---|
| 6709 | + | December thirty-first of the calendar year 49 |
|---|
| 6710 | + | immediately following the calendar year in which 50 |
|---|
| 6711 | + | the program authorized under this section is 51 |
|---|
| 6712 | + | sunset.] 52 |
|---|
| 6713 | + | [143.1008. 1. In each taxable year 1 |
|---|
| 6714 | + | beginning on or after January 1, 2008, each 2 |
|---|
| 6715 | + | individual or corporation entitled to a tax 3 |
|---|
| 6716 | + | refund in an amount sufficient to make a 4 |
|---|
| 6717 | + | designation under this section may designate 5 |
|---|
| 6718 | + | that one dollar or any amount in excess of one 6 |
|---|
| 6719 | + | dollar on a single return, and two dollars or 7 |
|---|
| 6720 | + | any amount in excess of two dollars on a 8 |
|---|
| 6721 | + | combined return, of the refund due be credited 9 |
|---|
| 6722 | + | to the after-school retreat reading and 10 |
|---|
| 6723 | + | assessment grant program fund. The contribution 11 |
|---|
| 6724 | + | designation authorized by this section shall be 12 |
|---|
| 6725 | + | clearly and unambiguously printed on th e first 13 |
|---|
| 6726 | + | page of each income tax return form provided by 14 |
|---|
| 6727 | + | this state. If any individual or corporation 15 |
|---|
| 6728 | + | that is not entitled to a tax refund in an 16 |
|---|
| 6729 | + | amount sufficient to make a designation under 17 |
|---|
| 6730 | + | this section wishes to make a contribution to 18 |
|---|
| 6731 | + | the after-school retreat reading and assessment 19 |
|---|
| 6732 | + | grant program fund, such individual or 20 |
|---|
| 6733 | + | corporation may, by separate check, draft, or 21 |
|---|
| 6734 | + | other negotiable instrument, send in with the 22 |
|---|
| 6735 | + | payment of taxes, or may send in separately, 23 |
|---|
| 6736 | + | that amount, clearly designated for the after- 24 |
|---|
| 6737 | + | school retreat reading and assessment grant 25 |
|---|
| 6738 | + | program fund, the individual or corporation 26 |
|---|
| 6739 | + | wishes to contribute. The department of revenue 27 |
|---|
| 6740 | + | shall deposit such amount to the after -school 28 |
|---|
| 6741 | + | retreat reading and assessment grant program 29 |
|---|
| 6742 | + | fund as provided in subsection 2 of this section. 30 SB 757 190 |
|---|
| 6743 | + | 2. The director of revenue shall deposit 31 |
|---|
| 6744 | + | at least monthly all contributions designated by 32 |
|---|
| 6745 | + | individuals under this section to the state 33 |
|---|
| 6746 | + | treasurer for deposit to the after -school 34 |
|---|
| 6747 | + | retreat reading and assessment grant program 35 |
|---|
| 6748 | + | fund. The fund shall be administered by the 36 |
|---|
| 6749 | + | department of elementary and secondary education 37 |
|---|
| 6750 | + | with moneys in the fund distributed as provided 38 |
|---|
| 6751 | + | under section 167.680. 39 |
|---|
| 6752 | + | 3. The director of revenue shall deposit 40 |
|---|
| 6753 | + | at least monthly all contribut ions designated by 41 |
|---|
| 6754 | + | the corporations under this section, less an 42 |
|---|
| 6755 | + | amount sufficient to cover the cost of 43 |
|---|
| 6756 | + | collection, handling, and administration by the 44 |
|---|
| 6757 | + | department of revenue during fiscal year 2008, 45 |
|---|
| 6758 | + | to the after-school retreat reading and 46 |
|---|
| 6759 | + | assessment grant program fund. 47 |
|---|
| 6760 | + | 4. A contribution designated under this 48 |
|---|
| 6761 | + | section shall only be deposited in the after - 49 |
|---|
| 6762 | + | school retreat reading and assessment grant 50 |
|---|
| 6763 | + | program fund after all other claims against the 51 |
|---|
| 6764 | + | refund from which such contribution is to be 52 |
|---|
| 6765 | + | made have been satisfied. 53 |
|---|
| 6766 | + | 5. Moneys deposited in the after -school 54 |
|---|
| 6767 | + | retreat reading and assessment grant program 55 |
|---|
| 6768 | + | fund shall be distributed by the department of 56 |
|---|
| 6769 | + | elementary and secondary education in accordance 57 |
|---|
| 6770 | + | with the provisions of this section and sec tion 58 |
|---|
| 6771 | + | 167.680. 59 |
|---|
| 6772 | + | 6. The state treasurer shall invest moneys 60 |
|---|
| 6773 | + | in the fund in the same manner as other funds 61 |
|---|
| 6774 | + | are invested. Any interest and moneys earned on 62 |
|---|
| 6775 | + | such investments shall be credited to the fund. 63 |
|---|
| 6776 | + | 7. Pursuant to section 23.253 of the 64 |
|---|
| 6777 | + | Missouri sunset act: 65 |
|---|
| 6778 | + | (1) The provisions of the new program 66 |
|---|
| 6779 | + | authorized under this section shall 67 |
|---|
| 6780 | + | automatically sunset six years after August 28, 68 |
|---|
| 6781 | + | 2007, unless reauthorized by an act of the 69 |
|---|
| 6782 | + | general assembly; and 70 |
|---|
| 6783 | + | (2) If such program is reauthorize d, the 71 |
|---|
| 6784 | + | program authorized under this section shall 72 |
|---|
| 6785 | + | automatically sunset twelve years after the 73 SB 757 191 |
|---|
| 6786 | + | effective date of the reauthorization of this 74 |
|---|
| 6787 | + | section; and 75 |
|---|
| 6788 | + | (3) This section shall terminate on 76 |
|---|
| 6789 | + | December thirty-first of the calendar year 77 |
|---|
| 6790 | + | immediately following the calendar year in which 78 |
|---|
| 6791 | + | the program authorized under this section is 79 |
|---|
| 6792 | + | sunset.] 80 |
|---|
| 6793 | + | [143.1009. 1. In each taxable year 1 |
|---|
| 6794 | + | beginning on or after January 1, 2008, each 2 |
|---|
| 6795 | + | individual or corporation entitled to a tax 3 |
|---|
| 6796 | + | refund in an amount sufficient to make a 4 |
|---|
| 6797 | + | designation under this section may designate 5 |
|---|
| 6798 | + | that one dollar or any amount in excess of one 6 |
|---|
| 6799 | + | dollar on a single return, and two dollars or 7 |
|---|
| 6800 | + | any amount in excess of two dollars on a 8 |
|---|
| 6801 | + | combined return, of the refund due be credited 9 |
|---|
| 6802 | + | to the breast cancer awareness trust fund, 10 |
|---|
| 6803 | + | hereinafter referred to as the trust fund. If 11 |
|---|
| 6804 | + | any individual or corporation that is not 12 |
|---|
| 6805 | + | entitled to a tax refund in an amount sufficient 13 |
|---|
| 6806 | + | to make a designation under this section wishes 14 |
|---|
| 6807 | + | to make a contributi on to the trust fund, such 15 |
|---|
| 6808 | + | individual or corporation may, by separate 16 |
|---|
| 6809 | + | check, draft, or other negotiable instrument, 17 |
|---|
| 6810 | + | send in with the payment of taxes, or may send 18 |
|---|
| 6811 | + | in separately, that amount, clearly designated 19 |
|---|
| 6812 | + | for the breast cancer awareness trust fun d, the 20 |
|---|
| 6813 | + | individual or corporation wishes to contribute. 21 |
|---|
| 6814 | + | The department of revenue shall deposit such 22 |
|---|
| 6815 | + | amount to the trust fund as provided in 23 |
|---|
| 6816 | + | subsections 2 and 3 of this section. All moneys 24 |
|---|
| 6817 | + | credited to the trust fund shall be considered 25 |
|---|
| 6818 | + | nonstate funds under the provisions of Article 26 |
|---|
| 6819 | + | IV, Section 15 of the Missouri Constitution. 27 |
|---|
| 6820 | + | 2. The director of revenue shall deposit 28 |
|---|
| 6821 | + | at least monthly all contributions designated by 29 |
|---|
| 6822 | + | individuals under this section to the state 30 |
|---|
| 6823 | + | treasurer for deposit to the trus t fund. 31 |
|---|
| 6824 | + | 3. The director of revenue shall deposit 32 |
|---|
| 6825 | + | at least monthly all contributions designated by 33 |
|---|
| 6826 | + | the corporations under this section, less an 34 |
|---|
| 6827 | + | amount sufficient to cover the costs of 35 |
|---|
| 6828 | + | collection and handling by the department of 36 SB 757 192 |
|---|
| 6829 | + | revenue, to the state treasury for deposit to 37 |
|---|
| 6830 | + | the trust fund. 38 |
|---|
| 6831 | + | 4. A contribution designated under this 39 |
|---|
| 6832 | + | section shall only be deposited in the trust 40 |
|---|
| 6833 | + | fund after all other claims against the refund 41 |
|---|
| 6834 | + | from which such contribution is to be made have 42 |
|---|
| 6835 | + | been satisfied. 43 |
|---|
| 6836 | + | 5. All moneys transferred to the trust 44 |
|---|
| 6837 | + | fund shall be distributed by the director of 45 |
|---|
| 6838 | + | revenue at times the director deems appropriate 46 |
|---|
| 6839 | + | to the department of health and senior 47 |
|---|
| 6840 | + | services. Such funds shall be used solely for 48 |
|---|
| 6841 | + | the purpose of providing breast cancer 49 |
|---|
| 6842 | + | services. Notwithstanding the provisions of 50 |
|---|
| 6843 | + | section 33.080 to the contrary, moneys in the 51 |
|---|
| 6844 | + | trust fund at the end of any biennium shall not 52 |
|---|
| 6845 | + | be transferred to the credit of the general 53 |
|---|
| 6846 | + | revenue fund. 54 |
|---|
| 6847 | + | 6. There is hereby created in the state 55 |
|---|
| 6848 | + | treasury the "Breast Cancer Awareness Trust 56 |
|---|
| 6849 | + | Fund", which shall consist of money collected 57 |
|---|
| 6850 | + | under this section. The state treasurer shall 58 |
|---|
| 6851 | + | be custodian of the fund. In accordance with 59 |
|---|
| 6852 | + | sections 30.170 and 30.180, the state treasurer 60 |
|---|
| 6853 | + | may approve disbursements. 61 |
|---|
| 6854 | + | 7. Under section 23.253 of the Missouri 62 |
|---|
| 6855 | + | sunset act: 63 |
|---|
| 6856 | + | (1) The provisions of the new program 64 |
|---|
| 6857 | + | authorized under this section shall 65 |
|---|
| 6858 | + | automatically sunset six years after August 28, 66 |
|---|
| 6859 | + | 2008, unless reauthorized by an act of the 67 |
|---|
| 6860 | + | general assembly; and 68 |
|---|
| 6861 | + | (2) If such program is reauthorized, the 69 |
|---|
| 6862 | + | program authorized under this section shall 70 |
|---|
| 6863 | + | automatically sunset twelve years after the 71 |
|---|
| 6864 | + | effective date of the reauthorization of this 72 |
|---|
| 6865 | + | section; and 73 |
|---|
| 6866 | + | (3) This section shall terminate on 74 |
|---|
| 6867 | + | December thirty-first of the calendar year 75 |
|---|
| 6868 | + | immediately following the calendar year in which 76 |
|---|
| 6869 | + | the program authorized under this section is 77 |
|---|
| 6870 | + | sunset.] 78 SB 757 193 |
|---|
| 6871 | + | [143.1013. 1. For all taxable years 1 |
|---|
| 6872 | + | beginning on or after January 1, 2011, each 2 |
|---|
| 6873 | + | individual or corporation entitled to a tax 3 |
|---|
| 6874 | + | refund in an amount sufficient to make a 4 |
|---|
| 6875 | + | designation under this section may designate 5 |
|---|
| 6876 | + | that one dollar or any amount in excess of one 6 |
|---|
| 6877 | + | dollar on a single return, and two dollars or 7 |
|---|
| 6878 | + | any amount in excess of two dollars on a 8 |
|---|
| 6879 | + | combined return, of the refund due be credited 9 |
|---|
| 6880 | + | to the American Red Cross trust fund. If any 10 |
|---|
| 6881 | + | individual or corporation that is not entitled 11 |
|---|
| 6882 | + | to a tax refund in an amount sufficient to make 12 |
|---|
| 6883 | + | a designation under this section wishes to make 13 |
|---|
| 6884 | + | a contribution to the fund, such individual or 14 |
|---|
| 6885 | + | corporation may, by separate check, draft, or 15 |
|---|
| 6886 | + | other negotiable instrument, send in with the 16 |
|---|
| 6887 | + | payment of taxes, or may send in separately, 17 |
|---|
| 6888 | + | that amount the individual or corporation wishes 18 |
|---|
| 6889 | + | to contribute. Such amounts shall be clearly 19 |
|---|
| 6890 | + | designated for the fund. 20 |
|---|
| 6891 | + | 2. There is hereby created in the state 21 |
|---|
| 6892 | + | treasury the "American Red Cross Trust Fund", 22 |
|---|
| 6893 | + | which shall consist of money collected under 23 |
|---|
| 6894 | + | this section. The state treasurer shall be 24 |
|---|
| 6895 | + | custodian of the fund. In accordance with 25 |
|---|
| 6896 | + | sections 30.170 and 30.180, the state treasurer 26 |
|---|
| 6897 | + | may approve disbursements. The fund shall be a 27 |
|---|
| 6898 | + | dedicated fund and, upon appropriation, money in 28 |
|---|
| 6899 | + | the fund shall be used solely for the 29 |
|---|
| 6900 | + | administration of this section. Notwithstanding 30 |
|---|
| 6901 | + | the provisions of section 33.080 to the 31 |
|---|
| 6902 | + | contrary, any moneys remaining in the fund at 32 |
|---|
| 6903 | + | the end of the biennium shall not revert to the 33 |
|---|
| 6904 | + | credit of the general revenue fund. The state 34 |
|---|
| 6905 | + | treasurer shall invest moneys in the fund in the 35 |
|---|
| 6906 | + | same manner as other fund s are invested. Any 36 |
|---|
| 6907 | + | interest and moneys earned on such investments 37 |
|---|
| 6908 | + | shall be credited to the fund. All moneys 38 |
|---|
| 6909 | + | credited to the trust fund shall be considered 39 |
|---|
| 6910 | + | nonstate funds under Section 15, Article IV, 40 |
|---|
| 6911 | + | Constitution of Missouri. The treasurer shall 41 |
|---|
| 6912 | + | distribute all moneys deposited in the fund at 42 |
|---|
| 6913 | + | times the treasurer deems appropriate to the 43 |
|---|
| 6914 | + | American Red Cross. 44 SB 757 194 |
|---|
| 6915 | + | 3. The director of revenue shall deposit 45 |
|---|
| 6916 | + | at least monthly all contributions designated by 46 |
|---|
| 6917 | + | individuals under this section to the state 47 |
|---|
| 6918 | + | treasurer for deposit to the fund. The director 48 |
|---|
| 6919 | + | of revenue shall deposit at least monthly all 49 |
|---|
| 6920 | + | contributions designated by the corporations 50 |
|---|
| 6921 | + | under this section, less an amount sufficient to 51 |
|---|
| 6922 | + | cover the costs of collection and handling by 52 |
|---|
| 6923 | + | the department of revenue, to the state treasury 53 |
|---|
| 6924 | + | for deposit to the fund. A contribution 54 |
|---|
| 6925 | + | designated under this section shall only be 55 |
|---|
| 6926 | + | deposited in the fund after all other claims 56 |
|---|
| 6927 | + | against the refund from which such contribution 57 |
|---|
| 6928 | + | is to be made have been satisfied. 58 |
|---|
| 6929 | + | 4. Under section 23.253 of the Missouri 59 |
|---|
| 6930 | + | sunset act: 60 |
|---|
| 6931 | + | (1) The provisions of the new program 61 |
|---|
| 6932 | + | authorized under this section shall 62 |
|---|
| 6933 | + | automatically sunset on December thirty -first 63 |
|---|
| 6934 | + | six years after August 28, 2011, unless 64 |
|---|
| 6935 | + | reauthorized by an act of the g eneral assembly; 65 |
|---|
| 6936 | + | and 66 |
|---|
| 6937 | + | (2) If such program is reauthorized, the 67 |
|---|
| 6938 | + | program authorized under this section shall 68 |
|---|
| 6939 | + | automatically sunset on December thirty -first 69 |
|---|
| 6940 | + | twelve years after the effective date of the 70 |
|---|
| 6941 | + | reauthorization of this section; and 71 |
|---|
| 6942 | + | (3) This section shall terminate on 72 |
|---|
| 6943 | + | September first of the calendar year immediately 73 |
|---|
| 6944 | + | following the calendar year in which the program 74 |
|---|
| 6945 | + | authorized under this section is sunset. ] 75 |
|---|
| 6946 | + | [143.1014. 1. For all taxable years 1 |
|---|
| 6947 | + | beginning on or after Ja nuary 1, 2011, each 2 |
|---|
| 6948 | + | individual or corporation entitled to a tax 3 |
|---|
| 6949 | + | refund in an amount sufficient to make a 4 |
|---|
| 6950 | + | designation under this section may designate 5 |
|---|
| 6951 | + | that one dollar or any amount in excess of one 6 |
|---|
| 6952 | + | dollar on a single return, and two dollars or 7 |
|---|
| 6953 | + | any amount in excess of two dollars on a 8 |
|---|
| 6954 | + | combined return, of the refund due be credited 9 |
|---|
| 6955 | + | to the puppy protection trust fund. If any 10 |
|---|
| 6956 | + | individual or corporation that is not entitled 11 |
|---|
| 6957 | + | to a tax refund in an amount sufficient to make 12 SB 757 195 |
|---|
| 6958 | + | a designation under this sectio n wishes to make 13 |
|---|
| 6959 | + | a contribution to the fund, such individual or 14 |
|---|
| 6960 | + | corporation may, by separate check, draft, or 15 |
|---|
| 6961 | + | other negotiable instrument, send in with the 16 |
|---|
| 6962 | + | payment of taxes, or may send in separately, 17 |
|---|
| 6963 | + | that amount the individual or corporation wishes 18 |
|---|
| 6964 | + | to contribute. Such amounts shall be clearly 19 |
|---|
| 6965 | + | designated for the fund. 20 |
|---|
| 6966 | + | 2. There is hereby created in the state 21 |
|---|
| 6967 | + | treasury the "Puppy Protection Trust Fund", 22 |
|---|
| 6968 | + | which shall consist of money collected under 23 |
|---|
| 6969 | + | this section. The state treasurer shall be 24 |
|---|
| 6970 | + | custodian of the fund. In accordance with 25 |
|---|
| 6971 | + | sections 30.170 and 30.180, the state treasurer 26 |
|---|
| 6972 | + | may approve disbursements. The fund shall be a 27 |
|---|
| 6973 | + | dedicated fund and, upon appropriation, money in 28 |
|---|
| 6974 | + | the fund shall be used solely for the state 29 |
|---|
| 6975 | + | department of agricu lture's administration of 30 |
|---|
| 6976 | + | section 273.345. Notwithstanding the provisions 31 |
|---|
| 6977 | + | of section 33.080 to the contrary, any moneys 32 |
|---|
| 6978 | + | remaining in the fund at the end of the biennium 33 |
|---|
| 6979 | + | shall not revert to the credit of the general 34 |
|---|
| 6980 | + | revenue fund. The state treasurer shall invest 35 |
|---|
| 6981 | + | moneys in the fund in the same manner as other 36 |
|---|
| 6982 | + | funds are invested. Any interest and moneys 37 |
|---|
| 6983 | + | earned on such investments shall be credited to 38 |
|---|
| 6984 | + | the fund. All moneys credited to the trust fund 39 |
|---|
| 6985 | + | shall be considered nonstate funds under Section 40 |
|---|
| 6986 | + | 15, Article IV, Constitution of Missouri. The 41 |
|---|
| 6987 | + | treasurer shall distribute all moneys deposited 42 |
|---|
| 6988 | + | in the fund at times the treasurer deems 43 |
|---|
| 6989 | + | appropriate to the department of agriculture. 44 |
|---|
| 6990 | + | 3. The director of revenue shall deposit 45 |
|---|
| 6991 | + | at least monthly all c ontributions designated by 46 |
|---|
| 6992 | + | individuals under this section to the state 47 |
|---|
| 6993 | + | treasurer for deposit to the fund. The director 48 |
|---|
| 6994 | + | of revenue shall deposit at least monthly all 49 |
|---|
| 6995 | + | contributions designated by the corporations 50 |
|---|
| 6996 | + | under this section, less an amount suffi cient to 51 |
|---|
| 6997 | + | cover the costs of collection and handling by 52 |
|---|
| 6998 | + | the department of revenue, to the state treasury 53 |
|---|
| 6999 | + | for deposit to the fund. A contribution 54 |
|---|
| 7000 | + | designated under this section shall only be 55 |
|---|
| 7001 | + | deposited in the fund after all other claims 56 SB 757 196 |
|---|
| 7002 | + | against the refund from which such contribution 57 |
|---|
| 7003 | + | is to be made have been satisfied. 58 |
|---|
| 7004 | + | 4. Under section 23.253 of the Missouri 59 |
|---|
| 7005 | + | sunset act: 60 |
|---|
| 7006 | + | (1) The provisions of the new program 61 |
|---|
| 7007 | + | authorized under this section shall 62 |
|---|
| 7008 | + | automatically sunset on December thirty -first 63 |
|---|
| 7009 | + | six years after August 28, 2011, unless 64 |
|---|
| 7010 | + | reauthorized by an act of the general assembly; 65 |
|---|
| 7011 | + | and 66 |
|---|
| 7012 | + | (2) If such program is reauthorized, the 67 |
|---|
| 7013 | + | program authorized under this section shall 68 |
|---|
| 7014 | + | automatically sunset on December thirty -first 69 |
|---|
| 7015 | + | twelve years after the effective date of the 70 |
|---|
| 7016 | + | reauthorization of this section; and 71 |
|---|
| 7017 | + | (3) This section shall terminate on 72 |
|---|
| 7018 | + | September first of the calendar year immediately 73 |
|---|
| 7019 | + | following the calendar year in which the program 74 |
|---|
| 7020 | + | authorized under this section is sunset. ] 75 |
|---|
| 7021 | + | [143.1017. 1. For all taxable years 1 |
|---|
| 7022 | + | beginning on or after January 1, 2011, each 2 |
|---|
| 7023 | + | individual or corporation entitled to a tax 3 |
|---|
| 7024 | + | refund in an amount sufficient to make a 4 |
|---|
| 7025 | + | designation under this section may designate 5 |
|---|
| 7026 | + | that one dollar or any amount in excess of one 6 |
|---|
| 7027 | + | dollar on a single return, and two dollars or 7 |
|---|
| 7028 | + | any amount in excess of two dollars on a 8 |
|---|
| 7029 | + | combined return, of the refund due be credited 9 |
|---|
| 7030 | + | to the developmental disabilities waiting list 10 |
|---|
| 7031 | + | equity trust fund. If any individual or 11 |
|---|
| 7032 | + | corporation that is not entitled to a tax refund 12 |
|---|
| 7033 | + | in an amount sufficient to make a designation 13 |
|---|
| 7034 | + | under this section wishes to make a contribution 14 |
|---|
| 7035 | + | to the fund, such individual or corporation may, 15 |
|---|
| 7036 | + | by separate check, draft, or other negotiable 16 |
|---|
| 7037 | + | instrument, send in with the payment of taxes, 17 |
|---|
| 7038 | + | or may send in separately, that amount the 18 |
|---|
| 7039 | + | individual or corporation wishes to contribute. 19 |
|---|
| 7040 | + | Such amounts shall be clearly designated for the 20 |
|---|
| 7041 | + | fund. 21 |
|---|
| 7042 | + | 2. There is hereby created in the state 22 |
|---|
| 7043 | + | treasury the "Developme ntal Disabilities Waiting 23 |
|---|
| 7044 | + | List Equity Trust Fund", which shall consist of 24 SB 757 197 |
|---|
| 7045 | + | money collected under this section. The state 25 |
|---|
| 7046 | + | treasurer shall be custodian of the fund. In 26 |
|---|
| 7047 | + | accordance with sections 30.170 and 30.180, the 27 |
|---|
| 7048 | + | state treasurer may approve disburse ments. The 28 |
|---|
| 7049 | + | fund shall be a dedicated fund and, upon 29 |
|---|
| 7050 | + | appropriation, money in the fund shall be used 30 |
|---|
| 7051 | + | solely for the administration of this section 31 |
|---|
| 7052 | + | and for providing community services and support 32 |
|---|
| 7053 | + | to people with developmental disabilities and 33 |
|---|
| 7054 | + | such person's families who are on the 34 |
|---|
| 7055 | + | developmental disabilities waiting list and are 35 |
|---|
| 7056 | + | eligible for but not receiving services. 36 |
|---|
| 7057 | + | Notwithstanding the provisions of section 33.080 37 |
|---|
| 7058 | + | to the contrary, any moneys remaining in the 38 |
|---|
| 7059 | + | fund at the end of the biennium shall not revert 39 |
|---|
| 7060 | + | to the credit of the general revenue fund. The 40 |
|---|
| 7061 | + | state treasurer shall invest moneys in the fund 41 |
|---|
| 7062 | + | in the same manner as other funds are invested. 42 |
|---|
| 7063 | + | Any interest and moneys earned on such 43 |
|---|
| 7064 | + | investments shall be credited to the fund. All 44 |
|---|
| 7065 | + | moneys credited to the trust fund shall be 45 |
|---|
| 7066 | + | considered nonstate funds under Section 15, 46 |
|---|
| 7067 | + | Article IV, Constitution of Missouri. The 47 |
|---|
| 7068 | + | treasurer shall distribute all moneys deposited 48 |
|---|
| 7069 | + | in the fund at times the treasurer deems 49 |
|---|
| 7070 | + | appropriate to the department of mental health. 50 |
|---|
| 7071 | + | The moneys in the developmental disabilities 51 |
|---|
| 7072 | + | waiting list equity trust fund established in 52 |
|---|
| 7073 | + | this subsection shall not be appropriated in 53 |
|---|
| 7074 | + | lieu of general state revenues. 54 |
|---|
| 7075 | + | 3. The director of revenue shall deposit 55 |
|---|
| 7076 | + | at least monthly all contr ibutions designated by 56 |
|---|
| 7077 | + | individuals under this section to the state 57 |
|---|
| 7078 | + | treasurer for deposit to the fund. The director 58 |
|---|
| 7079 | + | of revenue shall deposit at least monthly all 59 |
|---|
| 7080 | + | contributions designated by the corporations 60 |
|---|
| 7081 | + | under this section, less an amount sufficien t to 61 |
|---|
| 7082 | + | cover the costs of collection and handling by 62 |
|---|
| 7083 | + | the department of revenue, to the state treasury 63 |
|---|
| 7084 | + | for deposit to the fund. A contribution 64 |
|---|
| 7085 | + | designated under this section shall only be 65 |
|---|
| 7086 | + | deposited in the fund after all other claims 66 |
|---|
| 7087 | + | against the refund f rom which such contribution 67 |
|---|
| 7088 | + | is to be made have been satisfied. 68 SB 757 198 |
|---|
| 7089 | + | 4. Under section 23.253 of the Missouri 69 |
|---|
| 7090 | + | sunset act: 70 |
|---|
| 7091 | + | (1) The provisions of the new program 71 |
|---|
| 7092 | + | authorized under this section shall 72 |
|---|
| 7093 | + | automatically sunset on December thirty -first 73 |
|---|
| 7094 | + | six years after August 28, 2011, unless 74 |
|---|
| 7095 | + | reauthorized by an act of the general assembly; 75 |
|---|
| 7096 | + | and 76 |
|---|
| 7097 | + | (2) If such program is reauthorized, the 77 |
|---|
| 7098 | + | program authorized under this section shall 78 |
|---|
| 7099 | + | automatically sunset on December thirty -first 79 |
|---|
| 7100 | + | twelve years after the eff ective date of the 80 |
|---|
| 7101 | + | reauthorization of this section; and 81 |
|---|
| 7102 | + | (3) This section shall terminate on 82 |
|---|
| 7103 | + | September first of the calendar year immediately 83 |
|---|
| 7104 | + | following the calendar year in which the program 84 |
|---|
| 7105 | + | authorized under this section is sunset. ] 85 |
|---|
| 7106 | + | [143.1027. 1. For all taxable years 1 |
|---|
| 7107 | + | beginning on or after January 1, 2014, each 2 |
|---|
| 7108 | + | individual or corporation entitled to a tax 3 |
|---|
| 7109 | + | refund in an amount sufficient to make a 4 |
|---|
| 7110 | + | designation under this section may designate 5 |
|---|
| 7111 | + | that one dollar or any amount in e xcess of one 6 |
|---|
| 7112 | + | dollar on a single return, and two dollars or 7 |
|---|
| 7113 | + | any amount in excess of two dollars on a 8 |
|---|
| 7114 | + | combined return, of the refund due be credited 9 |
|---|
| 7115 | + | to the Missouri National Guard Foundation fund. 10 |
|---|
| 7116 | + | If any individual or corporation that is not 11 |
|---|
| 7117 | + | entitled to a tax refund in an amount sufficient 12 |
|---|
| 7118 | + | to make a designation under this section wishes 13 |
|---|
| 7119 | + | to make a contribution to the fund, such 14 |
|---|
| 7120 | + | individual or corporation may, by separate 15 |
|---|
| 7121 | + | check, draft, or other negotiable instrument, 16 |
|---|
| 7122 | + | send in with the payment of taxes , or may send 17 |
|---|
| 7123 | + | in separately, that amount the individual or 18 |
|---|
| 7124 | + | corporation wishes to contribute. Such amounts 19 |
|---|
| 7125 | + | shall be clearly designated for the fund. 20 |
|---|
| 7126 | + | 2. There is hereby created in the state 21 |
|---|
| 7127 | + | treasury the "Missouri National Guard Foundation 22 |
|---|
| 7128 | + | Fund", which shall consist of money collected 23 |
|---|
| 7129 | + | under this section. The state treasurer shall 24 |
|---|
| 7130 | + | be custodian of the fund. In accordance with 25 |
|---|
| 7131 | + | sections 30.170 and 30.180, the state treasurer 26 SB 757 199 |
|---|
| 7132 | + | may approve disbursements. The fund shall be a 27 |
|---|
| 7133 | + | dedicated fund and, upo n appropriation, money in 28 |
|---|
| 7134 | + | the fund shall be used solely for the 29 |
|---|
| 7135 | + | administration of this section. Notwithstanding 30 |
|---|
| 7136 | + | the provisions of section 33.080 to the 31 |
|---|
| 7137 | + | contrary, any moneys remaining in the fund at 32 |
|---|
| 7138 | + | the end of the biennium shall not revert to the 33 |
|---|
| 7139 | + | credit of the general revenue fund. The state 34 |
|---|
| 7140 | + | treasurer shall invest moneys in the fund in the 35 |
|---|
| 7141 | + | same manner as other funds are invested. Any 36 |
|---|
| 7142 | + | interest and moneys earned on such investments 37 |
|---|
| 7143 | + | shall be credited to the fund. The treasurer 38 |
|---|
| 7144 | + | shall distribute all moneys deposited in the 39 |
|---|
| 7145 | + | fund at least monthly to the Missouri National 40 |
|---|
| 7146 | + | Guard Foundation. 41 |
|---|
| 7147 | + | 3. The director of revenue shall deposit 42 |
|---|
| 7148 | + | at least monthly all contributions designated by 43 |
|---|
| 7149 | + | individuals under this section to the state 44 |
|---|
| 7150 | + | treasurer for deposi t to the fund. The director 45 |
|---|
| 7151 | + | of revenue shall deposit at least monthly all 46 |
|---|
| 7152 | + | contributions designated by the corporations 47 |
|---|
| 7153 | + | under this section, less an amount sufficient to 48 |
|---|
| 7154 | + | cover the costs of collection and handling by 49 |
|---|
| 7155 | + | the department of revenue, to the st ate treasury 50 |
|---|
| 7156 | + | for deposit to the fund. A contribution 51 |
|---|
| 7157 | + | designated under this section shall only be 52 |
|---|
| 7158 | + | deposited in the fund after all other claims 53 |
|---|
| 7159 | + | against the refund from which such contribution 54 |
|---|
| 7160 | + | is to be made have been satisfied. 55 |
|---|
| 7161 | + | 4. Under section 23.253 of the Missouri 56 |
|---|
| 7162 | + | sunset act: 57 |
|---|
| 7163 | + | (1) The provisions of the new program 58 |
|---|
| 7164 | + | authorized under this section shall 59 |
|---|
| 7165 | + | automatically sunset on December thirty -first 60 |
|---|
| 7166 | + | six years after August 28, 2014, unless 61 |
|---|
| 7167 | + | reauthorized by an act of the general assembly; 62 |
|---|
| 7168 | + | and 63 |
|---|
| 7169 | + | (2) If such program is reauthorized, the 64 |
|---|
| 7170 | + | program authorized under this section shall 65 |
|---|
| 7171 | + | automatically sunset on December thirty -first 66 |
|---|
| 7172 | + | twelve years after the effective date of the 67 |
|---|
| 7173 | + | reauthorization of this section; and 68 |
|---|
| 7174 | + | (3) This section shall ter minate on 69 |
|---|
| 7175 | + | September first of the calendar year immediately 70 SB 757 200 |
|---|
| 7176 | + | following the calendar year in which the program 71 |
|---|
| 7177 | + | authorized under this section is sunset. ] 72 |
|---|
| 7178 | + | [143.1100. 1. This section shall be known 1 |
|---|
| 7179 | + | and may be cited as the "Bring Jobs Hom e Act". 2 |
|---|
| 7180 | + | 2. As used in this section, the following 3 |
|---|
| 7181 | + | terms shall mean: 4 |
|---|
| 7182 | + | (1) "Business unit": 5 |
|---|
| 7183 | + | (a) Any trade or business; and 6 |
|---|
| 7184 | + | (b) Any line of business or function unit 7 |
|---|
| 7185 | + | which is part of any trade or business; 8 |
|---|
| 7186 | + | (2) "Deduction": 9 |
|---|
| 7187 | + | (a) For individuals, an amount subtracted 10 |
|---|
| 7188 | + | from the taxpayer's Missouri adjusted gross 11 |
|---|
| 7189 | + | income to determine Missouri taxable income for 12 |
|---|
| 7190 | + | the tax year in which such deduction is claimed; 13 |
|---|
| 7191 | + | and 14 |
|---|
| 7192 | + | (b) For corporations, an amount subtracted 15 |
|---|
| 7193 | + | from the taxpayer's federal taxable income to 16 |
|---|
| 7194 | + | determine Missouri taxable income for the tax 17 |
|---|
| 7195 | + | year in which such deduction is claimed; 18 |
|---|
| 7196 | + | (3) "Department", the department of 19 |
|---|
| 7197 | + | economic development; 20 |
|---|
| 7198 | + | (4) "Eligible expenses": 21 |
|---|
| 7199 | + | (a) Any amount for which a deduct ion is 22 |
|---|
| 7200 | + | allowed to the taxpayer under Section 162 of the 23 |
|---|
| 7201 | + | Internal Revenue Code of 1986, as amended; and 24 |
|---|
| 7202 | + | (b) Permit and license fees, lease 25 |
|---|
| 7203 | + | brokerage fees, equipment installation costs, 26 |
|---|
| 7204 | + | and other similar expenses; 27 |
|---|
| 7205 | + | (5) "Eligible insourcing exp enses": 28 |
|---|
| 7206 | + | (a) Eligible expenses paid or incurred by 29 |
|---|
| 7207 | + | the taxpayer in connection with the elimination 30 |
|---|
| 7208 | + | of any business unit of the taxpayer or of any 31 |
|---|
| 7209 | + | member of any expanded affiliated group in which 32 |
|---|
| 7210 | + | the taxpayer is also a member located outside 33 |
|---|
| 7211 | + | the state of Missouri; and 34 |
|---|
| 7212 | + | (b) Eligible expenses paid or incurred by 35 |
|---|
| 7213 | + | the taxpayer in connection with the 36 |
|---|
| 7214 | + | establishment of any business unit of the 37 |
|---|
| 7215 | + | taxpayer or of any member of any expanded 38 |
|---|
| 7216 | + | affiliated group in which the taxpayer is also a 39 |
|---|
| 7217 | + | member located within the state of Missouri if 40 SB 757 201 |
|---|
| 7218 | + | such establishment constitutes the relocation of 41 |
|---|
| 7219 | + | the business unit so eliminated. 42 |
|---|
| 7220 | + | For purposes of this subdivision, expenses shall 43 |
|---|
| 7221 | + | be eligible if such elimination of the business 44 |
|---|
| 7222 | + | unit in another state or country occur s in a 45 |
|---|
| 7223 | + | different taxable year from the establishment of 46 |
|---|
| 7224 | + | the business unit in Missouri; 47 |
|---|
| 7225 | + | (6) "Expanded affiliated group", an 48 |
|---|
| 7226 | + | affiliated group as defined under Section 49 |
|---|
| 7227 | + | 1504(a) of the Internal Revenue Code of 1986, as 50 |
|---|
| 7228 | + | amended, except to be determine d without regard 51 |
|---|
| 7229 | + | to Section 1504(b)(3) of the Internal Revenue 52 |
|---|
| 7230 | + | Code of 1986, as amended, and determined by 53 |
|---|
| 7231 | + | substituting "at least eighty percent" with 54 |
|---|
| 7232 | + | "more than fifty percent" each place the phrase 55 |
|---|
| 7233 | + | appears under Section 1504(a) of the Internal 56 |
|---|
| 7234 | + | Revenue Code of 1986, as amended. A partnership 57 |
|---|
| 7235 | + | or any other entity other than a corporation 58 |
|---|
| 7236 | + | shall be treated as a member of an expanded 59 |
|---|
| 7237 | + | affiliated group if such entity is controlled by 60 |
|---|
| 7238 | + | members of such group including any entity 61 |
|---|
| 7239 | + | treated as a member of suc h group by reason of 62 |
|---|
| 7240 | + | this subdivision; 63 |
|---|
| 7241 | + | (7) "Full-time equivalent employee", a 64 |
|---|
| 7242 | + | number of employees equal to the number 65 |
|---|
| 7243 | + | determined by dividing the total number of hours 66 |
|---|
| 7244 | + | of service for which wages were paid by the 67 |
|---|
| 7245 | + | employer to employees during the t axable year, 68 |
|---|
| 7246 | + | by two thousand eighty; 69 |
|---|
| 7247 | + | (8) "Insourcing plan", a written plan to 70 |
|---|
| 7248 | + | carry out the establishment of a business unit 71 |
|---|
| 7249 | + | in Missouri; 72 |
|---|
| 7250 | + | (9) "Taxpayer", any individual, firm, 73 |
|---|
| 7251 | + | partner in a firm, corporation, partnership, 74 |
|---|
| 7252 | + | shareholder in an S corporation, or member of a 75 |
|---|
| 7253 | + | limited liability company subject to the income 76 |
|---|
| 7254 | + | tax imposed under this chapter, excluding 77 |
|---|
| 7255 | + | withholding tax imposed under sections 143.191 78 |
|---|
| 7256 | + | to 143.265. 79 |
|---|
| 7257 | + | 3. For all taxable years beginning on or 80 |
|---|
| 7258 | + | after January 1, 2016, a taxpayer shall be 81 |
|---|
| 7259 | + | allowed a deduction equal to fifty percent of 82 |
|---|
| 7260 | + | the taxpayer's eligible insourcing expenses in 83 |
|---|
| 7261 | + | the taxable year chosen under subsection 5 of 84 SB 757 202 |
|---|
| 7262 | + | this section. The amount of the deduction 85 |
|---|
| 7263 | + | claimed shall not exceed the amount of: 86 |
|---|
| 7264 | + | (1) For individuals, the taxpayer's 87 |
|---|
| 7265 | + | Missouri adjusted gross income for the taxable 88 |
|---|
| 7266 | + | year the deduction is claimed; and 89 |
|---|
| 7267 | + | (2) For corporations, the taxpayer's 90 |
|---|
| 7268 | + | Missouri taxable income for the taxable year the 91 |
|---|
| 7269 | + | deduction is claimed. 92 |
|---|
| 7270 | + | However, any amount of th e deduction that cannot 93 |
|---|
| 7271 | + | be claimed in the taxable year may be carried 94 |
|---|
| 7272 | + | over to the next five succeeding taxable years 95 |
|---|
| 7273 | + | until the full deduction has been claimed. 96 |
|---|
| 7274 | + | 4. No deduction shall be allowed under 97 |
|---|
| 7275 | + | this section until the department determines 98 |
|---|
| 7276 | + | that the number of full -time equivalent 99 |
|---|
| 7277 | + | employees of the taxpayer in the taxable year 100 |
|---|
| 7278 | + | the deduction is claimed exceeds the number of 101 |
|---|
| 7279 | + | full-time equivalent employees of the taxpayer 102 |
|---|
| 7280 | + | in the taxable year prior to the taxpayer 103 |
|---|
| 7281 | + | incurring any eligible insourc ing expenses. 104 |
|---|
| 7282 | + | 5. Only eligible insourcing expenses that 105 |
|---|
| 7283 | + | occur in the taxable year such expenses are paid 106 |
|---|
| 7284 | + | or incurred and: 107 |
|---|
| 7285 | + | (1) The taxpayer's insourcing plan is 108 |
|---|
| 7286 | + | completed; or 109 |
|---|
| 7287 | + | (2) The first taxable year after the 110 |
|---|
| 7288 | + | taxpayer's insourcing p lan is completed; 111 |
|---|
| 7289 | + | shall be used to calculate the deduction allowed 112 |
|---|
| 7290 | + | under this section. 113 |
|---|
| 7291 | + | 6. Notwithstanding any other provision of 114 |
|---|
| 7292 | + | law to the contrary, no deduction shall be 115 |
|---|
| 7293 | + | allowed for any expenses incurred due to 116 |
|---|
| 7294 | + | dissolving a business unit in Mis souri and 117 |
|---|
| 7295 | + | relocating such business unit to another state. 118 |
|---|
| 7296 | + | 7. The total amount of deductions 119 |
|---|
| 7297 | + | authorized under this section shall not exceed 120 |
|---|
| 7298 | + | five million dollars in any taxable year. In 121 |
|---|
| 7299 | + | the event that more than five million dollars in 122 |
|---|
| 7300 | + | deductions are claimed in a taxable year, 123 |
|---|
| 7301 | + | deductions shall be issued on a first -come, 124 |
|---|
| 7302 | + | first-served filing basis. 125 |
|---|
| 7303 | + | 8. A taxpayer who receives a deduction 126 |
|---|
| 7304 | + | under the provisions of this section shall be 127 |
|---|
| 7305 | + | ineligible to receive incentives under the 128 SB 757 203 |
|---|
| 7306 | + | provisions of any other state tax deduction 129 |
|---|
| 7307 | + | program for the same expenses incurred. 130 |
|---|
| 7308 | + | 9. Any taxpayer allowed a deduction under 131 |
|---|
| 7309 | + | this section who, within ten years of receiving 132 |
|---|
| 7310 | + | such deduction, eliminates the business unit for 133 |
|---|
| 7311 | + | which the deduction was allowed shall repay the 134 |
|---|
| 7312 | + | amount of tax savings realized from the 135 |
|---|
| 7313 | + | deduction to the state, prorated by the number 136 |
|---|
| 7314 | + | of years the business unit was in this state. 137 |
|---|
| 7315 | + | 10. The department of economic development 138 |
|---|
| 7316 | + | and the department of revenue shall promulgate 139 |
|---|
| 7317 | + | rules to implement the provisions of this 140 |
|---|
| 7318 | + | section. Any rule or portion of a rule, as that 141 |
|---|
| 7319 | + | term is defined in section 536.010, that is 142 |
|---|
| 7320 | + | created under the authority delegated in this 143 |
|---|
| 7321 | + | section shall become effective only if it 144 |
|---|
| 7322 | + | complies with and is subject to all of t he 145 |
|---|
| 7323 | + | provisions of chapter 536 and, if applicable, 146 |
|---|
| 7324 | + | section 536.028. This section and chapter 536 147 |
|---|
| 7325 | + | are nonseverable and if any of the powers vested 148 |
|---|
| 7326 | + | with the general assembly pursuant to chapter 149 |
|---|
| 7327 | + | 536 to review, to delay the effective date, or 150 |
|---|
| 7328 | + | to disapprove and annul a rule are subsequently 151 |
|---|
| 7329 | + | held unconstitutional, then the grant of 152 |
|---|
| 7330 | + | rulemaking authority and any rule proposed or 153 |
|---|
| 7331 | + | adopted after August 28, 2016, shall be invalid 154 |
|---|
| 7332 | + | and void. 155 |
|---|
| 7333 | + | 11. Under section 23.253: 156 |
|---|
| 7334 | + | (1) The provisions of the new pro gram 157 |
|---|
| 7335 | + | authorized under this section shall 158 |
|---|
| 7336 | + | automatically sunset six years after August 28, 159 |
|---|
| 7337 | + | 2016, unless reauthorized by an act of the 160 |
|---|
| 7338 | + | general assembly; and 161 |
|---|
| 7339 | + | (2) If such program is reauthorized, the 162 |
|---|
| 7340 | + | program authorized under this section shall 163 |
|---|
| 7341 | + | automatically sunset twelve years after the 164 |
|---|
| 7342 | + | effective date of the reauthorization of this 165 |
|---|
| 7343 | + | section; and 166 |
|---|
| 7344 | + | (3) This section shall terminate on 167 |
|---|
| 7345 | + | September first of the calendar year immediately 168 |
|---|
| 7346 | + | following the calendar year in which the program 169 |
|---|
| 7347 | + | authorized under this section is sunset. ] 170 SB 757 204 |
|---|
| 7348 | + | [161.825. 1. This section shall be known 1 |
|---|
| 7349 | + | and may be cited as "Bryce's Law". 2 |
|---|
| 7350 | + | 2. As used in this section, the following 3 |
|---|
| 7351 | + | terms mean: 4 |
|---|
| 7352 | + | (1) "Autism spectrum disorder", pervasive 5 |
|---|
| 7353 | + | developmental disorder; Asperger syndrome; 6 |
|---|
| 7354 | + | childhood disintegrative disorder; Rett 7 |
|---|
| 7355 | + | syndrome; and autism; 8 |
|---|
| 7356 | + | (2) "Contribution", a donation of cash, 9 |
|---|
| 7357 | + | stock, bonds, or other marketable securities, or 10 |
|---|
| 7358 | + | real property; 11 |
|---|
| 7359 | + | (3) "Department", the department of 12 |
|---|
| 7360 | + | elementary and secondary education; 13 |
|---|
| 7361 | + | (4) "Director", the commissioner of 14 |
|---|
| 7362 | + | education; 15 |
|---|
| 7363 | + | (5) "Dyslexia therapy", an appropriate 16 |
|---|
| 7364 | + | specialized dyslexia instructional program that 17 |
|---|
| 7365 | + | is systematic, multisensory, and research -based 18 |
|---|
| 7366 | + | offered in a small group setting to teach 19 |
|---|
| 7367 | + | students the components of reading instruction 20 |
|---|
| 7368 | + | including but not limited to phonemic awareness, 21 |
|---|
| 7369 | + | graphophonemic knowledge, morphology, semantics, 22 |
|---|
| 7370 | + | syntax, and pragmatics, instruction on 23 |
|---|
| 7371 | + | linguistic proficiency and fluency with patterns 24 |
|---|
| 7372 | + | of language so that words and sentences are 25 |
|---|
| 7373 | + | carriers of meaning, and strategies that 26 |
|---|
| 7374 | + | students use for decoding, encoding, word 27 |
|---|
| 7375 | + | recognition, fluency and comprehension delivered 28 |
|---|
| 7376 | + | by qualified personnel; 29 |
|---|
| 7377 | + | (6) "Educational scholarships", grants to 30 |
|---|
| 7378 | + | students or children to cover all or part of the 31 |
|---|
| 7379 | + | tuition and fees at a qualified nonpublic 32 |
|---|
| 7380 | + | school, a qualified public school, or a 33 |
|---|
| 7381 | + | qualified service provider, including 34 |
|---|
| 7382 | + | transportation; 35 |
|---|
| 7383 | + | (7) "Eligible child", any child from birth 36 |
|---|
| 7384 | + | to age five living in Missouri who has an 37 |
|---|
| 7385 | + | individualized family services program under the 38 |
|---|
| 7386 | + | first steps program, sections 160.900 to 39 |
|---|
| 7387 | + | 160.933, and whose parent or guardian has 40 |
|---|
| 7388 | + | completed the complaint procedure under the 41 |
|---|
| 7389 | + | Individuals with Disabilities Education Act, 42 |
|---|
| 7390 | + | Part C, and has received an unsatisfactory 43 |
|---|
| 7391 | + | response; or any child from birth to age five 44 SB 757 205 |
|---|
| 7392 | + | who has been evaluated for qualifying needs as 45 |
|---|
| 7393 | + | defined in this section by a person qualified to 46 |
|---|
| 7394 | + | perform evaluations under the first steps 47 |
|---|
| 7395 | + | program and has been determined to have a 48 |
|---|
| 7396 | + | qualifying need but who falls below the 49 |
|---|
| 7397 | + | threshold for eligibility by no less than twenty - 50 |
|---|
| 7398 | + | five percent; 51 |
|---|
| 7399 | + | (8) "Eligible student", any elementary or 52 |
|---|
| 7400 | + | secondary student who attended public school in 53 |
|---|
| 7401 | + | Missouri the preceding semester, or who will be 54 |
|---|
| 7402 | + | attending school in Missouri for the first time, 55 |
|---|
| 7403 | + | who has an individualized education program 56 |
|---|
| 7404 | + | based on a qualifying needs condition or who has 57 |
|---|
| 7405 | + | a medical or clinical diagnosis by a qualified 58 |
|---|
| 7406 | + | health professional of a qualifying needs 59 |
|---|
| 7407 | + | condition which in the case of dyslexia, may be 60 |
|---|
| 7408 | + | based on the C-TOPP assessment as an initial 61 |
|---|
| 7409 | + | indicator of dyslexia and confirmed by further 62 |
|---|
| 7410 | + | medical or clinical diagnosis; 63 |
|---|
| 7411 | + | (9) "Parent", includes a guardian, 64 |
|---|
| 7412 | + | custodian, or other person with authority to act 65 |
|---|
| 7413 | + | on behalf of the student or child; 66 |
|---|
| 7414 | + | (10) "Program", the program established in 67 |
|---|
| 7415 | + | this section; 68 |
|---|
| 7416 | + | (11) "Qualified health professional", a 69 |
|---|
| 7417 | + | person licensed under chapter 334 or 337 who 70 |
|---|
| 7418 | + | possesses credentials as described in rules 71 |
|---|
| 7419 | + | promulgated jointly by the depa rtment of 72 |
|---|
| 7420 | + | elementary and secondary education and the 73 |
|---|
| 7421 | + | department of mental health to make a diagnosis 74 |
|---|
| 7422 | + | of a student's qualifying needs for this program; 75 |
|---|
| 7423 | + | (12) "Qualified school", either an 76 |
|---|
| 7424 | + | accredited public elementary or secondary school 77 |
|---|
| 7425 | + | in a district that is accredited without 78 |
|---|
| 7426 | + | provision outside of the district in which a 79 |
|---|
| 7427 | + | student resides or an accredited nonpublic 80 |
|---|
| 7428 | + | elementary or secondary school in Missouri that 81 |
|---|
| 7429 | + | complies with all of the requirements of the 82 |
|---|
| 7430 | + | program and complies with all state law s that 83 |
|---|
| 7431 | + | apply to nonpublic schools regarding criminal 84 |
|---|
| 7432 | + | background checks for employees and excludes 85 |
|---|
| 7433 | + | from employment any person not permitted by 86 |
|---|
| 7434 | + | state law to work in a nonpublic school; 87 SB 757 206 |
|---|
| 7435 | + | (13) "Qualified service provider", a 88 |
|---|
| 7436 | + | person or agency authoriz ed by the department to 89 |
|---|
| 7437 | + | provide services under the first steps program, 90 |
|---|
| 7438 | + | sections 160.900 to 160.933, and in the case of 91 |
|---|
| 7439 | + | a provider offering dyslexia therapy, the term 92 |
|---|
| 7440 | + | also includes a person with national 93 |
|---|
| 7441 | + | certification as an academic language therapist ; 94 |
|---|
| 7442 | + | (14) "Qualifying needs", an autism 95 |
|---|
| 7443 | + | spectrum disorder, Down Syndrome, Angelman 96 |
|---|
| 7444 | + | Syndrome, cerebral palsy, or dyslexia; 97 |
|---|
| 7445 | + | (15) "Scholarship granting organization", 98 |
|---|
| 7446 | + | a charitable organization that: 99 |
|---|
| 7447 | + | (a) Is exempt from federal income tax; 100 |
|---|
| 7448 | + | (b) Complies with the requirements of this 101 |
|---|
| 7449 | + | program; 102 |
|---|
| 7450 | + | (c) Provides education scholarships to 103 |
|---|
| 7451 | + | students attending qualified schools of their 104 |
|---|
| 7452 | + | parents' choice or to children receiving 105 |
|---|
| 7453 | + | services from qualified service providers; and 106 |
|---|
| 7454 | + | (d) Does not accept contributions on 107 |
|---|
| 7455 | + | behalf of any eligible student or eligible child 108 |
|---|
| 7456 | + | from any donor with any obligation to provide 109 |
|---|
| 7457 | + | any support for the eligible student or eligible 110 |
|---|
| 7458 | + | child. 111 |
|---|
| 7459 | + | 3. The department of elementary and 112 |
|---|
| 7460 | + | secondary education shall develop a master list 113 |
|---|
| 7461 | + | of resources available to the parents of 114 |
|---|
| 7462 | + | children with an autism spectrum disorder or 115 |
|---|
| 7463 | + | dyslexia and shall maintain a web page for the 116 |
|---|
| 7464 | + | information. The department shall also actively 117 |
|---|
| 7465 | + | seek financial resources in the form of grants 118 |
|---|
| 7466 | + | and donations that may be devoted to scholarship 119 |
|---|
| 7467 | + | funds or to clinical trials for behavioral 120 |
|---|
| 7468 | + | interventions that may be undertaken by 121 |
|---|
| 7469 | + | qualified service providers. The department may 122 |
|---|
| 7470 | + | contract out or delegate these duties to a 123 |
|---|
| 7471 | + | nonprofit organization. Priority in referral 124 |
|---|
| 7472 | + | for funding shall be given to children who have 125 |
|---|
| 7473 | + | not yet entered elementary school. 126 |
|---|
| 7474 | + | 4. The director shall determine, at least 127 |
|---|
| 7475 | + | annually, which organizations in this state may 128 |
|---|
| 7476 | + | be classified as scholarship granting 129 |
|---|
| 7477 | + | organizations. The director may require of an 130 |
|---|
| 7478 | + | organization seeking to be classified as a 131 SB 757 207 |
|---|
| 7479 | + | scholarship granting organization whatever 132 |
|---|
| 7480 | + | information that is reasonably necessary to make 133 |
|---|
| 7481 | + | such a determination. The director shall 134 |
|---|
| 7482 | + | classify an organization as a scholarship 135 |
|---|
| 7483 | + | granting organization if such organization meets 136 |
|---|
| 7484 | + | the definition set forth in this section. 137 |
|---|
| 7485 | + | 5. The director shall establish a 138 |
|---|
| 7486 | + | procedure by which a donor can determine if an 139 |
|---|
| 7487 | + | organization has been classified as a 140 |
|---|
| 7488 | + | scholarship granting organization. Scholarship 141 |
|---|
| 7489 | + | granting organizations shall be permitted to 142 |
|---|
| 7490 | + | decline a contribution from a donor. 143 |
|---|
| 7491 | + | 6. Each scholarship granting organization 144 |
|---|
| 7492 | + | shall provide information to the director 145 |
|---|
| 7493 | + | concerning the identity of each donor making a 146 |
|---|
| 7494 | + | contribution to the schol arship granting 147 |
|---|
| 7495 | + | organization. 148 |
|---|
| 7496 | + | 7. (1) The director shall annually make a 149 |
|---|
| 7497 | + | determination on the number of students in 150 |
|---|
| 7498 | + | Missouri with an individualized education 151 |
|---|
| 7499 | + | program based upon qualifying needs as defined 152 |
|---|
| 7500 | + | in this section. The director shall use ten 153 |
|---|
| 7501 | + | percent of this number to determine the maximum 154 |
|---|
| 7502 | + | number of students to receive scholarships from 155 |
|---|
| 7503 | + | a scholarship granting organization in that year 156 |
|---|
| 7504 | + | for students with qualifying needs who have at 157 |
|---|
| 7505 | + | the time of application an individualized 158 |
|---|
| 7506 | + | education program, plus a number calculated by 159 |
|---|
| 7507 | + | the director by applying the state's latest 160 |
|---|
| 7508 | + | available autism, cerebral palsy, Down Syndrome, 161 |
|---|
| 7509 | + | Angelman Syndrome, and dyslexia incidence rates 162 |
|---|
| 7510 | + | to the state's population of children from age 163 |
|---|
| 7511 | + | five to nineteen who are no t enrolled in public 164 |
|---|
| 7512 | + | schools and taking ten percent of that number. 165 |
|---|
| 7513 | + | The total of these two calculations shall 166 |
|---|
| 7514 | + | constitute the maximum number of scholarships 167 |
|---|
| 7515 | + | available to students. 168 |
|---|
| 7516 | + | (2) The director shall also annually make 169 |
|---|
| 7517 | + | a determination on the number of children in 170 |
|---|
| 7518 | + | Missouri whose parent or guardian has enrolled 171 |
|---|
| 7519 | + | the child in first steps, received an 172 |
|---|
| 7520 | + | individualized family services program based on 173 |
|---|
| 7521 | + | qualifying needs, and filed a complaint through 174 |
|---|
| 7522 | + | the Individuals with Disabilities Education Act, 175 SB 757 208 |
|---|
| 7523 | + | Part C, and received an unsatisfactory 176 |
|---|
| 7524 | + | response. In addition to this number, the 177 |
|---|
| 7525 | + | director shall apply the latest available 178 |
|---|
| 7526 | + | autism, cerebral palsy, Down Syndrome, Angelman 179 |
|---|
| 7527 | + | Syndrome, and dyslexia incidence rates to the 180 |
|---|
| 7528 | + | latest available census informa tion for children 181 |
|---|
| 7529 | + | from birth to age five and determine ten percent 182 |
|---|
| 7530 | + | of that number for the maximum number of 183 |
|---|
| 7531 | + | scholarships for children. 184 |
|---|
| 7532 | + | (3) The director shall publicly announce 185 |
|---|
| 7533 | + | the number of each category of scholarship 186 |
|---|
| 7534 | + | opportunities available ea ch year. Once a 187 |
|---|
| 7535 | + | scholarship granting organization has decided to 188 |
|---|
| 7536 | + | provide a student or child with a scholarship, 189 |
|---|
| 7537 | + | it shall promptly notify the director. The 190 |
|---|
| 7538 | + | director shall keep a running tally of the 191 |
|---|
| 7539 | + | number of scholarships granted in the order in 192 |
|---|
| 7540 | + | which they were reported. Once the tally 193 |
|---|
| 7541 | + | reaches the annual limit of scholarships for 194 |
|---|
| 7542 | + | eligible students or children, the director 195 |
|---|
| 7543 | + | shall notify all of the participating 196 |
|---|
| 7544 | + | scholarship granting organizations that they 197 |
|---|
| 7545 | + | shall not issue any more scholarships an d any 198 |
|---|
| 7546 | + | more receipts for contributions. If the 199 |
|---|
| 7547 | + | scholarship granting organizations have not 200 |
|---|
| 7548 | + | expended all of their available scholarship 201 |
|---|
| 7549 | + | funds in that year at the time when the limit is 202 |
|---|
| 7550 | + | reached, the available scholarship funds may be 203 |
|---|
| 7551 | + | carried over into the next year. These 204 |
|---|
| 7552 | + | unexpended funds shall not be counted as part of 205 |
|---|
| 7553 | + | the requirement in subdivision (3) of subsection 206 |
|---|
| 7554 | + | 8 of this section for that year. Any receipt 207 |
|---|
| 7555 | + | for a scholarship contribution issued by a 208 |
|---|
| 7556 | + | scholarship granting organization before t he 209 |
|---|
| 7557 | + | director has publicly announced the student or 210 |
|---|
| 7558 | + | child limit has been reached shall be valid. 211 |
|---|
| 7559 | + | Beginning with school year 2016 -17, the director 212 |
|---|
| 7560 | + | may adjust the allocation of the proportion of 213 |
|---|
| 7561 | + | scholarships using information on unmet need and 214 |
|---|
| 7562 | + | use patterns from the previous school years. 215 |
|---|
| 7563 | + | The director shall provide notice of the change 216 |
|---|
| 7564 | + | to the state board of education for its approval. 217 |
|---|
| 7565 | + | 8. Each scholarship granting organization 218 |
|---|
| 7566 | + | participating in the program shall: 219 SB 757 209 |
|---|
| 7567 | + | (1) Notify the department of its intent to 220 |
|---|
| 7568 | + | provide educational scholarships to students 221 |
|---|
| 7569 | + | attending qualified schools or children 222 |
|---|
| 7570 | + | receiving services from qualified service 223 |
|---|
| 7571 | + | providers; 224 |
|---|
| 7572 | + | (2) Provide a department -approved receipt 225 |
|---|
| 7573 | + | to donors for contributions made to the 226 |
|---|
| 7574 | + | organization; 227 |
|---|
| 7575 | + | (3) Ensure that at least ninety percent of 228 |
|---|
| 7576 | + | its revenue from donations is spent on 229 |
|---|
| 7577 | + | educational scholarships, and that all revenue 230 |
|---|
| 7578 | + | from interest or investments is spent on 231 |
|---|
| 7579 | + | educational scholarships; 232 |
|---|
| 7580 | + | (4) Ensure that the scholarships provid ed 233 |
|---|
| 7581 | + | do not exceed an average of twenty thousand 234 |
|---|
| 7582 | + | dollars per eligible child or fifty thousand 235 |
|---|
| 7583 | + | dollars per eligible student; 236 |
|---|
| 7584 | + | (5) Inform the parent or guardian of the 237 |
|---|
| 7585 | + | student or child applying for a scholarship that 238 |
|---|
| 7586 | + | accepting the scholarship is tant amount to a 239 |
|---|
| 7587 | + | parentally placed private school student 240 |
|---|
| 7588 | + | pursuant to 34 CFR 300.130 and, thus, neither 241 |
|---|
| 7589 | + | the department nor any Missouri public school is 242 |
|---|
| 7590 | + | responsible to provide the student with a free 243 |
|---|
| 7591 | + | appropriate public education pursuant to the 244 |
|---|
| 7592 | + | Individuals with Disabilities Education Act or 245 |
|---|
| 7593 | + | Section 504 of the Rehabilitation Act of 1973; 246 |
|---|
| 7594 | + | (6) Distribute periodic scholarship 247 |
|---|
| 7595 | + | payments as checks made out to a student's or 248 |
|---|
| 7596 | + | child's parent and mailed to the qualified 249 |
|---|
| 7597 | + | school where the student is enrolled or 250 |
|---|
| 7598 | + | qualified service provider used by the child. 251 |
|---|
| 7599 | + | The parent or guardian shall endorse the check 252 |
|---|
| 7600 | + | before it can be deposited; 253 |
|---|
| 7601 | + | (7) Cooperate with the department to 254 |
|---|
| 7602 | + | conduct criminal background checks on all of its 255 |
|---|
| 7603 | + | employees and board members and ex clude from 256 |
|---|
| 7604 | + | employment or governance any individual who 257 |
|---|
| 7605 | + | might reasonably pose a risk to the appropriate 258 |
|---|
| 7606 | + | use of contributed funds; 259 |
|---|
| 7607 | + | (8) Ensure that scholarships are portable 260 |
|---|
| 7608 | + | during the school year and can be used at any 261 |
|---|
| 7609 | + | qualified school that accept s the eligible 262 |
|---|
| 7610 | + | student or at a different qualified service 263 SB 757 210 |
|---|
| 7611 | + | provider for an eligible child according to a 264 |
|---|
| 7612 | + | parent's wishes. If a student moves to a new 265 |
|---|
| 7613 | + | qualified school during a school year or to a 266 |
|---|
| 7614 | + | different qualified service provider for an 267 |
|---|
| 7615 | + | eligible child, the scholarship amount may be 268 |
|---|
| 7616 | + | prorated; 269 |
|---|
| 7617 | + | (9) Demonstrate its financial 270 |
|---|
| 7618 | + | accountability by: 271 |
|---|
| 7619 | + | (a) Submitting a financial information 272 |
|---|
| 7620 | + | report for the organization that complies with 273 |
|---|
| 7621 | + | uniform financial accounting standards 274 |
|---|
| 7622 | + | established by the department and conducted by a 275 |
|---|
| 7623 | + | certified public accountant; and 276 |
|---|
| 7624 | + | (b) Having the auditor certify that the 277 |
|---|
| 7625 | + | report is free of material misstatements; 278 |
|---|
| 7626 | + | (10) Demonstrate its financial viability, 279 |
|---|
| 7627 | + | if the organization is to receive donations of 280 |
|---|
| 7628 | + | fifty thousand dollars or more during the school 281 |
|---|
| 7629 | + | year, by filing with the department before the 282 |
|---|
| 7630 | + | start of the school year: 283 |
|---|
| 7631 | + | (a) A surety bond payable to the state in 284 |
|---|
| 7632 | + | an amount equal to the aggregate amount of 285 |
|---|
| 7633 | + | contributions expected to be received during the 286 |
|---|
| 7634 | + | school year; or 287 |
|---|
| 7635 | + | (b) Financial information that 288 |
|---|
| 7636 | + | demonstrates the financial viability of the 289 |
|---|
| 7637 | + | scholarship granting organization. 290 |
|---|
| 7638 | + | 9. Each scholarship granting organization 291 |
|---|
| 7639 | + | shall ensure that each participating school or 292 |
|---|
| 7640 | + | service provider that accepts its scholarship 293 |
|---|
| 7641 | + | students or children shall: 294 |
|---|
| 7642 | + | (1) Comply with all health and safety laws 295 |
|---|
| 7643 | + | or codes that apply to nonpublic schools or 296 |
|---|
| 7644 | + | service providers; 297 |
|---|
| 7645 | + | (2) Hold a valid occupancy permit if 298 |
|---|
| 7646 | + | required by its municipality; 299 |
|---|
| 7647 | + | (3) Certify that it will comply with 42 300 |
|---|
| 7648 | + | U.S.C. Section 1981, as amended; 301 |
|---|
| 7649 | + | (4) Provide academic accountability to 302 |
|---|
| 7650 | + | parents of the students or children in the 303 |
|---|
| 7651 | + | program by regularly reporting to the parent on 304 |
|---|
| 7652 | + | the student's or child's progress; 305 |
|---|
| 7653 | + | (5) Certify that in providing any 306 |
|---|
| 7654 | + | educational services or behavior strategies to a 307 SB 757 211 |
|---|
| 7655 | + | scholarship recipient with a medical or clinical 308 |
|---|
| 7656 | + | diagnosis of or an individualized education 309 |
|---|
| 7657 | + | program based upon autism spectrum disorder it 310 |
|---|
| 7658 | + | will: 311 |
|---|
| 7659 | + | (a) Adhere to the best p ractices 312 |
|---|
| 7660 | + | recommendations of the Missouri Autism 313 |
|---|
| 7661 | + | Guidelines Initiative or document why it is 314 |
|---|
| 7662 | + | varying from the guidelines; 315 |
|---|
| 7663 | + | (b) Not use any evidence -based 316 |
|---|
| 7664 | + | interventions that have been found ineffective 317 |
|---|
| 7665 | + | by the Centers for Medicare and Medicaid 318 |
|---|
| 7666 | + | Services as described in the Missouri Autism 319 |
|---|
| 7667 | + | Guidelines Initiative guide to evidence -based 320 |
|---|
| 7668 | + | interventions; and 321 |
|---|
| 7669 | + | (c) Provide documentation in the student's 322 |
|---|
| 7670 | + | or child's record of the rationale for the use 323 |
|---|
| 7671 | + | of any intervention that is categorized as 324 |
|---|
| 7672 | + | unestablished, insufficient evidence, or level 3 325 |
|---|
| 7673 | + | by the Missouri Autism Guidelines Initiative 326 |
|---|
| 7674 | + | guide to evidence-based interventions; and 327 |
|---|
| 7675 | + | (6) Certify that in providing any 328 |
|---|
| 7676 | + | educational services or behavior strategies to a 329 |
|---|
| 7677 | + | scholarship recipient with a med ical or clinical 330 |
|---|
| 7678 | + | diagnosis of, or an individualized family 331 |
|---|
| 7679 | + | services program based upon Down Syndrome, 332 |
|---|
| 7680 | + | Angelman Syndrome, cerebral palsy, or dyslexia, 333 |
|---|
| 7681 | + | it will use student, teacher, teaching, and 334 |
|---|
| 7682 | + | school influences that rank in the zone of 335 |
|---|
| 7683 | + | desired effects in the meta-analysis of John 336 |
|---|
| 7684 | + | Hattie, or equivalent analyses as determined by 337 |
|---|
| 7685 | + | the department, or document why it is using a 338 |
|---|
| 7686 | + | method that has not been determined by analysis 339 |
|---|
| 7687 | + | to rank in the zone of desired effects. 340 |
|---|
| 7688 | + | 10. Scholarship granting organiz ations 341 |
|---|
| 7689 | + | shall not provide educational scholarships for 342 |
|---|
| 7690 | + | students to attend any school or children to 343 |
|---|
| 7691 | + | receive services from any qualified service 344 |
|---|
| 7692 | + | provider with paid staff or board members who 345 |
|---|
| 7693 | + | are relatives within the first degree of 346 |
|---|
| 7694 | + | consanguinity or aff inity. 347 |
|---|
| 7695 | + | 11. A scholarship granting organization 348 |
|---|
| 7696 | + | shall publicly report to the department, by June 349 |
|---|
| 7697 | + | first of each year, the following information 350 |
|---|
| 7698 | + | prepared by a certified public accountant 351 SB 757 212 |
|---|
| 7699 | + | regarding its grants in the previous calendar 352 |
|---|
| 7700 | + | year: 353 |
|---|
| 7701 | + | (1) The name and address of the 354 |
|---|
| 7702 | + | scholarship granting organization; 355 |
|---|
| 7703 | + | (2) The total number and total dollar 356 |
|---|
| 7704 | + | amount of contributions received during the 357 |
|---|
| 7705 | + | previous calendar year; and 358 |
|---|
| 7706 | + | (3) The total number and total dollar 359 |
|---|
| 7707 | + | amount of educational schola rships awarded 360 |
|---|
| 7708 | + | during the previous calendar year, including the 361 |
|---|
| 7709 | + | category of each scholarship, and the total 362 |
|---|
| 7710 | + | number and total dollar amount of educational 363 |
|---|
| 7711 | + | scholarships awarded during the previous year to 364 |
|---|
| 7712 | + | students eligible for free and reduced lunch. 365 |
|---|
| 7713 | + | 12. The department shall adopt rules and 366 |
|---|
| 7714 | + | regulations consistent with this section as 367 |
|---|
| 7715 | + | necessary to implement the program. 368 |
|---|
| 7716 | + | 13. The department shall provide a 369 |
|---|
| 7717 | + | standardized format for a receipt to be issued 370 |
|---|
| 7718 | + | by a scholarship granting organization to a 371 |
|---|
| 7719 | + | donor to indicate the value of a contribution 372 |
|---|
| 7720 | + | received. 373 |
|---|
| 7721 | + | 14. The department shall provide a 374 |
|---|
| 7722 | + | standardized format for scholarship granting 375 |
|---|
| 7723 | + | organizations to report the information in this 376 |
|---|
| 7724 | + | section. 377 |
|---|
| 7725 | + | 15. The department may conduct either a 378 |
|---|
| 7726 | + | financial review or audit of a scholarship 379 |
|---|
| 7727 | + | granting organization. 380 |
|---|
| 7728 | + | 16. If the department believes that a 381 |
|---|
| 7729 | + | scholarship granting organization has 382 |
|---|
| 7730 | + | intentionally and substantially failed to comply 383 |
|---|
| 7731 | + | with the requirements of this section, the 384 |
|---|
| 7732 | + | department may hold a hearing before the 385 |
|---|
| 7733 | + | director or the director's designee to bar a 386 |
|---|
| 7734 | + | scholarship granting organization from 387 |
|---|
| 7735 | + | participating in the program. The director or 388 |
|---|
| 7736 | + | the director's designee shall issue a decision 389 |
|---|
| 7737 | + | within thirty days. A scholarship granting 390 |
|---|
| 7738 | + | organization may appeal the director's decision 391 |
|---|
| 7739 | + | to the administrative hearing commission for a 392 |
|---|
| 7740 | + | hearing in accordance with the provisions of 393 |
|---|
| 7741 | + | chapter 621. 394 SB 757 213 |
|---|
| 7742 | + | 17. If the scholarship granting 395 |
|---|
| 7743 | + | organization is barred from participating in the 396 |
|---|
| 7744 | + | program, the department shall notify affected 397 |
|---|
| 7745 | + | scholarship students or children and their 398 |
|---|
| 7746 | + | parents of this decision within fifteen days. 399 |
|---|
| 7747 | + | 18. Any rule or portion of a rule, as that 400 |
|---|
| 7748 | + | term is defined in section 536.010, that is 401 |
|---|
| 7749 | + | created under the authority deleg ated in this 402 |
|---|
| 7750 | + | section shall become effective only if it 403 |
|---|
| 7751 | + | complies with and is subject to all of the 404 |
|---|
| 7752 | + | provisions of chapter 536 and, if applicable, 405 |
|---|
| 7753 | + | section 536.028. This section and chapter 536 406 |
|---|
| 7754 | + | are nonseverable and if any of the powers vested 407 |
|---|
| 7755 | + | with the general assembly pursuant to chapter 408 |
|---|
| 7756 | + | 536 to review, to delay the effective date, or 409 |
|---|
| 7757 | + | to disapprove and annul a rule are subsequently 410 |
|---|
| 7758 | + | held unconstitutional, then the grant of 411 |
|---|
| 7759 | + | rulemaking authority and any rule proposed or 412 |
|---|
| 7760 | + | adopted after August 28, 2013, sh all be invalid 413 |
|---|
| 7761 | + | and void. 414 |
|---|
| 7762 | + | 19. The department shall conduct a study 415 |
|---|
| 7763 | + | of the program with funds other than state 416 |
|---|
| 7764 | + | funds. The department may contract with one or 417 |
|---|
| 7765 | + | more qualified researchers who have previous 418 |
|---|
| 7766 | + | experience evaluating similar programs. The 419 |
|---|
| 7767 | + | department may accept grants to assist in 420 |
|---|
| 7768 | + | funding this study. 421 |
|---|
| 7769 | + | 20. The study shall assess: 422 |
|---|
| 7770 | + | (1) The level of participating students' 423 |
|---|
| 7771 | + | and children's satisfaction with the program in 424 |
|---|
| 7772 | + | a manner suitable to the student or child; 425 |
|---|
| 7773 | + | (2) The level of parental satisfaction 426 |
|---|
| 7774 | + | with the program; 427 |
|---|
| 7775 | + | (3) The percentage of participating 428 |
|---|
| 7776 | + | students who were bullied or harassed because of 429 |
|---|
| 7777 | + | their special needs status at their resident 430 |
|---|
| 7778 | + | school district compared to the percentage so 431 |
|---|
| 7779 | + | bullied or harassed at their qualified school; 432 |
|---|
| 7780 | + | (4) The percentage of participating 433 |
|---|
| 7781 | + | students who exhibited behavioral problems at 434 |
|---|
| 7782 | + | their resident school district compared to the 435 |
|---|
| 7783 | + | percentage exhibiting behavioral problems at 436 |
|---|
| 7784 | + | their qualified school; 437 SB 757 214 |
|---|
| 7785 | + | (5) The class size experienced by 438 |
|---|
| 7786 | + | participating students at their resident school 439 |
|---|
| 7787 | + | district and at their qualified school; and 440 |
|---|
| 7788 | + | (6) The fiscal impact to the state and 441 |
|---|
| 7789 | + | resident school districts of the program. 442 |
|---|
| 7790 | + | 21. The study shall be completed using 443 |
|---|
| 7791 | + | appropriate analytical and behavioral sciences 444 |
|---|
| 7792 | + | methodologies to ensure public confidence in the 445 |
|---|
| 7793 | + | study. 446 |
|---|
| 7794 | + | 22. The department shall provide the 447 |
|---|
| 7795 | + | general assembly with a final copy of the 448 |
|---|
| 7796 | + | evaluation of the program by December 31, 2016. 449 |
|---|
| 7797 | + | 23. The public and nonpublic participating 450 |
|---|
| 7798 | + | schools and service providers from which 451 |
|---|
| 7799 | + | students transfer to participate in the program 452 |
|---|
| 7800 | + | shall cooperate with the research effort by 453 |
|---|
| 7801 | + | providing student or child assessment instrument 454 |
|---|
| 7802 | + | scores and any other data necessary to complete 455 |
|---|
| 7803 | + | this study. 456 |
|---|
| 7804 | + | 24. The general assembly may require 457 |
|---|
| 7805 | + | periodic updates on the status of the study from 458 |
|---|
| 7806 | + | the department. The individuals completing the 459 |
|---|
| 7807 | + | study shall make their data and methodology 460 |
|---|
| 7808 | + | available for public review while complying with 461 |
|---|
| 7809 | + | the requirements of the Family Educational 462 |
|---|
| 7810 | + | Rights and Privacy Act, as amended. 463 |
|---|
| 7811 | + | 25. Under section 23.253 of the Missouri 464 |
|---|
| 7812 | + | sunset act: 465 |
|---|
| 7813 | + | (1) The provisions of the new program 466 |
|---|
| 7814 | + | authorized under this section shall sunset 467 |
|---|
| 7815 | + | automatically on December 31, 2 019, unless 468 |
|---|
| 7816 | + | reauthorized by an act of the general assembly; 469 |
|---|
| 7817 | + | and 470 |
|---|
| 7818 | + | (2) If such program is reauthorized, the 471 |
|---|
| 7819 | + | program authorized under this section shall 472 |
|---|
| 7820 | + | sunset automatically on December 31, 2031; and 473 |
|---|
| 7821 | + | (3) This section shall terminate on 474 |
|---|
| 7822 | + | December thirty-first of the calendar year 475 |
|---|
| 7823 | + | immediately following the calendar year in which 476 |
|---|
| 7824 | + | the program authorized under this section is 477 |
|---|
| 7825 | + | sunset.] 478 |
|---|
| 7826 | + | [161.1055. 1. Subject to appropriations, 1 |
|---|
| 7827 | + | the department of elementary and secondary 2 SB 757 215 |
|---|
| 7828 | + | education shall establish the "Trauma -Informed 3 |
|---|
| 7829 | + | Schools Pilot Program". 4 |
|---|
| 7830 | + | 2. Under the trauma-informed schools pilot 5 |
|---|
| 7831 | + | program, the department of elementary and 6 |
|---|
| 7832 | + | secondary education shall choose five schools to 7 |
|---|
| 7833 | + | receive intensive training on the trauma - 8 |
|---|
| 7834 | + | informed approach. 9 |
|---|
| 7835 | + | 3. The five schools chosen for the pilot 10 |
|---|
| 7836 | + | program shall be located in the following areas: 11 |
|---|
| 7837 | + | (1) One public school located in a 12 |
|---|
| 7838 | + | metropolitan school district; 13 |
|---|
| 7839 | + | (2) One public school located in a home 14 |
|---|
| 7840 | + | rule city with more than fo ur hundred thousand 15 |
|---|
| 7841 | + | inhabitants and located in more than one county; 16 |
|---|
| 7842 | + | (3) One public school located in a school 17 |
|---|
| 7843 | + | district that has most or all of its land area 18 |
|---|
| 7844 | + | located in a county with a charter form of 19 |
|---|
| 7845 | + | government and with more than nine hundred fi fty 20 |
|---|
| 7846 | + | thousand inhabitants; 21 |
|---|
| 7847 | + | (4) One public school located in a school 22 |
|---|
| 7848 | + | district that has most or all of its land area 23 |
|---|
| 7849 | + | located in a county with a charter form of 24 |
|---|
| 7850 | + | government and with more than six hundred 25 |
|---|
| 7851 | + | thousand but fewer than seven hundred thousan d 26 |
|---|
| 7852 | + | inhabitants; and 27 |
|---|
| 7853 | + | (5) One public school located in any one 28 |
|---|
| 7854 | + | of the following counties: 29 |
|---|
| 7855 | + | (a) A county of the third classification 30 |
|---|
| 7856 | + | without a township form of government and with 31 |
|---|
| 7857 | + | more than forty-one thousand but fewer than 32 |
|---|
| 7858 | + | forty-five thousand inhabitants; 33 |
|---|
| 7859 | + | (b) A county of the third classification 34 |
|---|
| 7860 | + | without a township form of government and with 35 |
|---|
| 7861 | + | more than six thousand but fewer than seven 36 |
|---|
| 7862 | + | thousand inhabitants and with a city of the 37 |
|---|
| 7863 | + | fourth classification with more than eight 38 |
|---|
| 7864 | + | hundred but fewer than nine hundred inhabitants 39 |
|---|
| 7865 | + | as the county seat; 40 |
|---|
| 7866 | + | (c) A county of the third classification 41 |
|---|
| 7867 | + | with a township form of government and with more 42 |
|---|
| 7868 | + | than thirty-one thousand but fewer than thirty - 43 |
|---|
| 7869 | + | five thousand inhabitants; 44 |
|---|
| 7870 | + | (d) A county of the third classification 45 |
|---|
| 7871 | + | without a township form of government and with 46 SB 757 216 |
|---|
| 7872 | + | more than fourteen thousand but fewer than 47 |
|---|
| 7873 | + | sixteen thousand inhabitants and with a city of 48 |
|---|
| 7874 | + | the third classification with more than five 49 |
|---|
| 7875 | + | thousand but fewer than six thousand inhabitants 50 |
|---|
| 7876 | + | as the county seat; 51 |
|---|
| 7877 | + | (e) A county of the third classification 52 |
|---|
| 7878 | + | without a township form of government and with 53 |
|---|
| 7879 | + | more than eighteen thousand but fewer than 54 |
|---|
| 7880 | + | twenty thousand inhabitants and with a city of 55 |
|---|
| 7881 | + | the fourth classification with more than three 56 |
|---|
| 7882 | + | thousand but fewer than three thousand seven 57 |
|---|
| 7883 | + | hundred inhabitants as the county seat; 58 |
|---|
| 7884 | + | (f) A county of the third classification 59 |
|---|
| 7885 | + | without a township form of government and with 60 |
|---|
| 7886 | + | more than eighteen thousand but fewer than 61 |
|---|
| 7887 | + | twenty thousand inhabitants and with a city of 62 |
|---|
| 7888 | + | the third classification with more than six 63 |
|---|
| 7889 | + | thousand but fewer than seven thousand 64 |
|---|
| 7890 | + | inhabitants as the county seat; 65 |
|---|
| 7891 | + | (g) A county of the third classification 66 |
|---|
| 7892 | + | without a township form of government and with 67 |
|---|
| 7893 | + | more than fourteen thou sand but fewer than 68 |
|---|
| 7894 | + | sixteen thousand inhabitants and with a city of 69 |
|---|
| 7895 | + | the fourth classification with more than one 70 |
|---|
| 7896 | + | thousand nine hundred but fewer than two 71 |
|---|
| 7897 | + | thousand one hundred inhabitants as the county 72 |
|---|
| 7898 | + | seat; 73 |
|---|
| 7899 | + | (h) A county of the third classificati on 74 |
|---|
| 7900 | + | without a township form of government and with 75 |
|---|
| 7901 | + | more than thirty-seven thousand but fewer than 76 |
|---|
| 7902 | + | forty-one thousand inhabitants and with a city 77 |
|---|
| 7903 | + | of the fourth classification with more than 78 |
|---|
| 7904 | + | eight hundred but fewer than nine hundred 79 |
|---|
| 7905 | + | inhabitants as the c ounty seat; 80 |
|---|
| 7906 | + | (i) A county of the third classification 81 |
|---|
| 7907 | + | with a township form of government and with more 82 |
|---|
| 7908 | + | than twenty-eight thousand but fewer than thirty - 83 |
|---|
| 7909 | + | one thousand inhabitants; or 84 |
|---|
| 7910 | + | (j) A county of the third classification 85 |
|---|
| 7911 | + | without a township form of government and with 86 |
|---|
| 7912 | + | more than twelve thousand but fewer than 87 |
|---|
| 7913 | + | fourteen thousand inhabitants and with a city of 88 |
|---|
| 7914 | + | the fourth classification with more than five 89 SB 757 217 |
|---|
| 7915 | + | hundred but fewer than five hundred fifty 90 |
|---|
| 7916 | + | inhabitants as the county seat. 91 |
|---|
| 7917 | + | 4. The department of elementary and 92 |
|---|
| 7918 | + | secondary education shall: 93 |
|---|
| 7919 | + | (1) Train the teachers and administrators 94 |
|---|
| 7920 | + | of the five schools chosen for the pilot program 95 |
|---|
| 7921 | + | regarding the trauma -informed approach and how 96 |
|---|
| 7922 | + | to become trauma-informed schools; 97 |
|---|
| 7923 | + | (2) Provide the five schools with funds to 98 |
|---|
| 7924 | + | implement the trauma -informed approach; and 99 |
|---|
| 7925 | + | (3) Closely monitor the progress of the 100 |
|---|
| 7926 | + | five schools in becoming trauma -informed schools 101 |
|---|
| 7927 | + | and provide further assistance if necessary. 102 |
|---|
| 7928 | + | 5. The department of elementary and 103 |
|---|
| 7929 | + | secondary education shall terminate the trauma - 104 |
|---|
| 7930 | + | informed schools pilot program on August 28, 105 |
|---|
| 7931 | + | 2019. Before December 31, 2019, the department 106 |
|---|
| 7932 | + | of elementary and secondary education shall 107 |
|---|
| 7933 | + | submit a report to the general assembly that 108 |
|---|
| 7934 | + | contains the results of the pilot program, 109 |
|---|
| 7935 | + | including any benefits experienced by the five 110 |
|---|
| 7936 | + | schools chosen for the program. 111 |
|---|
| 7937 | + | 6. (1) There is hereby created in the 112 |
|---|
| 7938 | + | state treasury the "Trauma -Informed Schools 113 |
|---|
| 7939 | + | Pilot Program Fund". The fund shall consist of 114 |
|---|
| 7940 | + | any appropriations to such fund. The state 115 |
|---|
| 7941 | + | treasurer shall be custodian of the fund. In 116 |
|---|
| 7942 | + | accordance with sections 30.170 and 30.180, the 117 |
|---|
| 7943 | + | state treasurer may approve disbursements of 118 |
|---|
| 7944 | + | public moneys in accordance with distribution 119 |
|---|
| 7945 | + | requirements and procedures de veloped by the 120 |
|---|
| 7946 | + | department of elementary and secondary 121 |
|---|
| 7947 | + | education. The fund shall be a dedicated fund 122 |
|---|
| 7948 | + | and, upon appropriation, moneys in the fund 123 |
|---|
| 7949 | + | shall be used solely for the administration of 124 |
|---|
| 7950 | + | this section. 125 |
|---|
| 7951 | + | (2) Notwithstanding the provisions of 126 |
|---|
| 7952 | + | section 33.080 to the contrary, any moneys 127 |
|---|
| 7953 | + | remaining in the fund at the end of the biennium 128 |
|---|
| 7954 | + | shall not revert to the credit of the general 129 |
|---|
| 7955 | + | revenue fund. 130 |
|---|
| 7956 | + | (3) The state treasurer shall invest 131 |
|---|
| 7957 | + | moneys in the fund in the same manner as other 132 |
|---|
| 7958 | + | funds are invested. Any interest and moneys 133 SB 757 218 |
|---|
| 7959 | + | earned on such investments shall be credited to 134 |
|---|
| 7960 | + | the fund. 135 |
|---|
| 7961 | + | 7. For purposes of this section, the 136 |
|---|
| 7962 | + | following terms mean: 137 |
|---|
| 7963 | + | (1) "Trauma-informed approach", an 138 |
|---|
| 7964 | + | approach that involves understanding and 139 |
|---|
| 7965 | + | responding to the symptoms of chronic 140 |
|---|
| 7966 | + | interpersonal trauma and traumatic stress across 141 |
|---|
| 7967 | + | the lifespan; 142 |
|---|
| 7968 | + | (2) "Trauma-informed school", a school 143 |
|---|
| 7969 | + | that: 144 |
|---|
| 7970 | + | (a) Realizes the widespread impact of 145 |
|---|
| 7971 | + | trauma and understands potential paths for 146 |
|---|
| 7972 | + | recovery; 147 |
|---|
| 7973 | + | (b) Recognizes the signs and symptoms of 148 |
|---|
| 7974 | + | trauma in students, teachers, and staff; 149 |
|---|
| 7975 | + | (c) Responds by fully integrating 150 |
|---|
| 7976 | + | knowledge about trauma into its policies, 151 |
|---|
| 7977 | + | procedures, and practices; and 152 |
|---|
| 7978 | + | (d) Seeks to actively resist 153 |
|---|
| 7979 | + | retraumatization. 154 |
|---|
| 7980 | + | 8. The provisions of this section shall 155 |
|---|
| 7981 | + | expire December 31, 2019. ] 156 |
|---|
| 7982 | + | [167.910. 1. There is hereby established 1 |
|---|
| 7983 | + | the "Career Readiness Course Task Force" to 2 |
|---|
| 7984 | + | explore the possibility of a course covering the 3 |
|---|
| 7985 | + | topics described in this section b eing offered 4 |
|---|
| 7986 | + | in the public schools to students in eighth 5 |
|---|
| 7987 | + | grade or ninth grade. Task force members shall 6 |
|---|
| 7988 | + | be chosen to represent the geographic diversity 7 |
|---|
| 7989 | + | of the state. All task force members shall be 8 |
|---|
| 7990 | + | appointed before October 31, 2018. The task 9 |
|---|
| 7991 | + | force members shall be appointed as follows: 10 |
|---|
| 7992 | + | (1) A parent of a student attending 11 |
|---|
| 7993 | + | elementary school, appointed by the joint 12 |
|---|
| 7994 | + | committee on education; 13 |
|---|
| 7995 | + | (2) A parent of a student attending a 14 |
|---|
| 7996 | + | grade not lower than the sixth nor higher than 15 |
|---|
| 7997 | + | the eighth grade, appointed by the joint 16 |
|---|
| 7998 | + | committee on education; 17 |
|---|
| 7999 | + | (3) A parent of a student attending high 18 |
|---|
| 8000 | + | school, appointed by the joint committee on 19 |
|---|
| 8001 | + | education; 20 SB 757 219 |
|---|
| 8002 | + | (4) An elementary education professional 21 |
|---|
| 8003 | + | from an accredited school district, appointed by 22 |
|---|
| 8004 | + | the joint committee on education from names 23 |
|---|
| 8005 | + | submitted by statewide education employee 24 |
|---|
| 8006 | + | organizations; 25 |
|---|
| 8007 | + | (5) Two education professionals giving 26 |
|---|
| 8008 | + | instruction in a grade or grades not lower than 27 |
|---|
| 8009 | + | the sixth nor higher than the eighth grade in 28 |
|---|
| 8010 | + | accredited school districts, appointed by the 29 |
|---|
| 8011 | + | joint committee on education from names 30 |
|---|
| 8012 | + | submitted by statewide education employee 31 |
|---|
| 8013 | + | organizations; 32 |
|---|
| 8014 | + | (6) Two secondary education professionals 33 |
|---|
| 8015 | + | from accredited school districts, appointed by 34 |
|---|
| 8016 | + | the joint committee on ed ucation from names 35 |
|---|
| 8017 | + | submitted by statewide education employee 36 |
|---|
| 8018 | + | organizations; 37 |
|---|
| 8019 | + | (7) A career and technical education 38 |
|---|
| 8020 | + | professional who has experience serving as an 39 |
|---|
| 8021 | + | advisor to a statewide career and technical 40 |
|---|
| 8022 | + | education organization, appointed by a sta tewide 41 |
|---|
| 8023 | + | career and technical education organization; 42 |
|---|
| 8024 | + | (8) An education professional from an 43 |
|---|
| 8025 | + | accredited technical high school, appointed by a 44 |
|---|
| 8026 | + | statewide career and technical education 45 |
|---|
| 8027 | + | organization; 46 |
|---|
| 8028 | + | (9) A public school board member, 47 |
|---|
| 8029 | + | appointed by a statewide association of school 48 |
|---|
| 8030 | + | boards; 49 |
|---|
| 8031 | + | (10) A secondary school principal, 50 |
|---|
| 8032 | + | appointed by a statewide association of 51 |
|---|
| 8033 | + | secondary school principals; 52 |
|---|
| 8034 | + | (11) A principal of a school giving 53 |
|---|
| 8035 | + | instruction in a grade or grades not lower than 54 |
|---|
| 8036 | + | the sixth nor higher than the eighth grade, 55 |
|---|
| 8037 | + | appointed by a statewide association of 56 |
|---|
| 8038 | + | secondary school principals; 57 |
|---|
| 8039 | + | (12) An elementary school counselor, 58 |
|---|
| 8040 | + | appointed by a statewide association of school 59 |
|---|
| 8041 | + | counselors; 60 |
|---|
| 8042 | + | (13) Two school counselors from a scho ol 61 |
|---|
| 8043 | + | giving instruction in a grade or grades not 62 |
|---|
| 8044 | + | lower than the sixth nor higher than the eighth 63 SB 757 220 |
|---|
| 8045 | + | grade, appointed by a statewide association of 64 |
|---|
| 8046 | + | school counselors; 65 |
|---|
| 8047 | + | (14) A secondary school counselor, 66 |
|---|
| 8048 | + | appointed by a statewide association of school 67 |
|---|
| 8049 | + | counselors; 68 |
|---|
| 8050 | + | (15) A secondary school career and college 69 |
|---|
| 8051 | + | counselor, appointed by a statewide association 70 |
|---|
| 8052 | + | of school counselors; 71 |
|---|
| 8053 | + | (16) An apprenticeship professional, 72 |
|---|
| 8054 | + | appointed by the division of workforce 73 |
|---|
| 8055 | + | development of economic development; 74 |
|---|
| 8056 | + | (17) A representative of Missouri Project 75 |
|---|
| 8057 | + | Lead the Way, appointed by the statewide Project 76 |
|---|
| 8058 | + | Lead the Way organization; 77 |
|---|
| 8059 | + | (18) A representative of the state 78 |
|---|
| 8060 | + | technical college, appointed by the state 79 |
|---|
| 8061 | + | technical college; 80 |
|---|
| 8062 | + | (19) A representative of a public 81 |
|---|
| 8063 | + | community college, appointed by a statewide 82 |
|---|
| 8064 | + | organization of community colleges; and 83 |
|---|
| 8065 | + | (20) A representative of a public four - 84 |
|---|
| 8066 | + | year institution of higher education, appointed 85 |
|---|
| 8067 | + | by the commissioner of higher education. 86 |
|---|
| 8068 | + | 2. The members of the task force 87 |
|---|
| 8069 | + | established under subsection 1 of this section 88 |
|---|
| 8070 | + | shall elect a chair from among the membership of 89 |
|---|
| 8071 | + | the task force. The task force shall meet as 90 |
|---|
| 8072 | + | needed to complete its consideration of the 91 |
|---|
| 8073 | + | course described in subsection 5 of this section 92 |
|---|
| 8074 | + | and provide its findings and recommendations as 93 |
|---|
| 8075 | + | described in subsection 6 of this section. 94 |
|---|
| 8076 | + | Members of the task force shall serve without 95 |
|---|
| 8077 | + | compensation. No school district policy or 96 |
|---|
| 8078 | + | administrative action shall require any 97 |
|---|
| 8079 | + | education employee member to use personal leave 98 |
|---|
| 8080 | + | or incur a reduction in pay for participating on 99 |
|---|
| 8081 | + | the task force. 100 |
|---|
| 8082 | + | 3. The task force shall hold at least 101 |
|---|
| 8083 | + | three public hearings to provide an opportunity 102 |
|---|
| 8084 | + | to receive public testimony including, but not 103 |
|---|
| 8085 | + | limited to, testimony from educators, local 104 |
|---|
| 8086 | + | school boards, parents, representatives from 105 |
|---|
| 8087 | + | business and industry, labor and community 106 SB 757 221 |
|---|
| 8088 | + | leaders, members of the general assembly, and 107 |
|---|
| 8089 | + | the general public. 108 |
|---|
| 8090 | + | 4. The department of elementary and 109 |
|---|
| 8091 | + | secondary education shall provide such legal, 110 |
|---|
| 8092 | + | research, clerical, and technical services as 111 |
|---|
| 8093 | + | the task force may require in the performance of 112 |
|---|
| 8094 | + | its duties. 113 |
|---|
| 8095 | + | 5. The task force established under 114 |
|---|
| 8096 | + | subsection 1 of this section shall consider a 115 |
|---|
| 8097 | + | course that: 116 |
|---|
| 8098 | + | (1) Gives students an opportu nity to 117 |
|---|
| 8099 | + | explore various career and educational 118 |
|---|
| 8100 | + | opportunities by: 119 |
|---|
| 8101 | + | (a) Administering career surveys to 120 |
|---|
| 8102 | + | students and helping students use Missouri 121 |
|---|
| 8103 | + | Connections to determine their career interests 122 |
|---|
| 8104 | + | and develop plans to meet their career goals; 123 |
|---|
| 8105 | + | (b) Explaining the differences between 124 |
|---|
| 8106 | + | types of colleges, including two -year and four- 125 |
|---|
| 8107 | + | year colleges and noting the availability of 126 |
|---|
| 8108 | + | registered apprenticeship programs as 127 |
|---|
| 8109 | + | alternatives to college for students; 128 |
|---|
| 8110 | + | (c) Describing technical degrees offered 129 |
|---|
| 8111 | + | by colleges; 130 |
|---|
| 8112 | + | (d) Explaining the courses and educational 131 |
|---|
| 8113 | + | experiences offered at community colleges; 132 |
|---|
| 8114 | + | (e) Describing the various certificates 133 |
|---|
| 8115 | + | and credentials available to earn at the school 134 |
|---|
| 8116 | + | or other schools including, but not limited to, 135 |
|---|
| 8117 | + | career and technical education certificates 136 |
|---|
| 8118 | + | described under section 170.029 and industry - 137 |
|---|
| 8119 | + | recognized certificates and credentials; 138 |
|---|
| 8120 | + | (f) Advising students of any advanced 139 |
|---|
| 8121 | + | placement courses that they may take at the 140 |
|---|
| 8122 | + | school; 141 |
|---|
| 8123 | + | (g) Describing any opportunities at the 142 |
|---|
| 8124 | + | school for dual enrollment; 143 |
|---|
| 8125 | + | (h) Advising students of any Project Lead 144 |
|---|
| 8126 | + | the Way courses offered at the school and 145 |
|---|
| 8127 | + | explaining how Project Lead the Way courses help 146 |
|---|
| 8128 | + | students learn valuable skills; 147 |
|---|
| 8129 | + | (i) Informing students of the availability 148 |
|---|
| 8130 | + | of funding for postsecondary education through 149 SB 757 222 |
|---|
| 8131 | + | the A+ schools program described under section 150 |
|---|
| 8132 | + | 160.545; 151 |
|---|
| 8133 | + | (j) Describing the availability of virtual 152 |
|---|
| 8134 | + | courses; 153 |
|---|
| 8135 | + | (k) Describing the types of skills and 154 |
|---|
| 8136 | + | occupations most in demand in th e current job 155 |
|---|
| 8137 | + | market and those skills and occupations likely 156 |
|---|
| 8138 | + | to be in high demand in future years; 157 |
|---|
| 8139 | + | (l) Describing the typical salaries for 158 |
|---|
| 8140 | + | occupations, salary trends, and opportunities 159 |
|---|
| 8141 | + | for advancement in various occupations; 160 |
|---|
| 8142 | + | (m) Emphasizing the opportunities 161 |
|---|
| 8143 | + | available in careers involving science, 162 |
|---|
| 8144 | + | technology, engineering, and math; 163 |
|---|
| 8145 | + | (n) Advising students of the resources 164 |
|---|
| 8146 | + | offered by workforce or job centers; 165 |
|---|
| 8147 | + | (o) Preparing students for the ACT 166 |
|---|
| 8148 | + | assessment or the ACT WorkKeys asse ssments 167 |
|---|
| 8149 | + | required for the National Career Readiness 168 |
|---|
| 8150 | + | Certificate; 169 |
|---|
| 8151 | + | (p) Administering a practice ACT 170 |
|---|
| 8152 | + | assessment or practice ACT WorkKeys assessments 171 |
|---|
| 8153 | + | required for the National Career Readiness 172 |
|---|
| 8154 | + | Certificate to students; 173 |
|---|
| 8155 | + | (q) Advising students of o pportunities to 174 |
|---|
| 8156 | + | take the SAT and the Armed Services Vocational 175 |
|---|
| 8157 | + | Aptitude Battery; 176 |
|---|
| 8158 | + | (r) Administering a basic math test to 177 |
|---|
| 8159 | + | students so that they can assess their math 178 |
|---|
| 8160 | + | skills; 179 |
|---|
| 8161 | + | (s) Administering a basic writing test to 180 |
|---|
| 8162 | + | students so that they can assess their writing 181 |
|---|
| 8163 | + | skills; 182 |
|---|
| 8164 | + | (t) Helping each student prepare a 183 |
|---|
| 8165 | + | personal plan of study that outlines a sequence 184 |
|---|
| 8166 | + | of courses and experiences that concludes with 185 |
|---|
| 8167 | + | the student reaching his or her postsecondary 186 |
|---|
| 8168 | + | goals; and 187 |
|---|
| 8169 | + | (u) Explaining how to complete college 188 |
|---|
| 8170 | + | applications and the Free Application for 189 |
|---|
| 8171 | + | Federal Student Aid; 190 |
|---|
| 8172 | + | (2) Focuses on career readiness and 191 |
|---|
| 8173 | + | emphasizes the importance of work ethic, 192 SB 757 223 |
|---|
| 8174 | + | communication, collaboration, critical thinking, 193 |
|---|
| 8175 | + | and creativity; 194 |
|---|
| 8176 | + | (3) Demonstrates that graduation from a 195 |
|---|
| 8177 | + | four-year college is not the only pathway to 196 |
|---|
| 8178 | + | success by describing to students at least 197 |
|---|
| 8179 | + | sixteen pathways to success in detail and 198 |
|---|
| 8180 | + | including guest visitors who represent each 199 |
|---|
| 8181 | + | pathway described. In exploring how these 200 |
|---|
| 8182 | + | pathways could be covered in the course, the 201 |
|---|
| 8183 | + | task force shall consider how instructors for 202 |
|---|
| 8184 | + | the course may be able to rely on assistance 203 |
|---|
| 8185 | + | from Missouri's career pathways within the 204 |
|---|
| 8186 | + | department of elementary and secondary education; 205 |
|---|
| 8187 | + | (4) Provides student loan c ounseling; and 206 |
|---|
| 8188 | + | (5) May include parent-student meetings. 207 |
|---|
| 8189 | + | 6. Before December 1, 2019, the task force 208 |
|---|
| 8190 | + | established under subsection 1 of this section 209 |
|---|
| 8191 | + | shall present its findings and recommendations 210 |
|---|
| 8192 | + | to the speaker of the house of representatives, 211 |
|---|
| 8193 | + | the president pro tempore of the senate, the 212 |
|---|
| 8194 | + | joint committee on education, and the state 213 |
|---|
| 8195 | + | board of education. Upon presenting the 214 |
|---|
| 8196 | + | findings and recommendations as described in 215 |
|---|
| 8197 | + | this subsection, the task force shall dissolve. ] 216 |
|---|
| 8198 | + | [167.910. 1. There is hereby established 1 |
|---|
| 8199 | + | the "Career Readiness Course Task Force" to 2 |
|---|
| 8200 | + | explore the possibility of a course covering the 3 |
|---|
| 8201 | + | topics described in this section being offered 4 |
|---|
| 8202 | + | in the public schools to students in eighth 5 |
|---|
| 8203 | + | grade or ninth grade. Task force members shall 6 |
|---|
| 8204 | + | be chosen to represent the geographic diversity 7 |
|---|
| 8205 | + | of the state. All task force members shall be 8 |
|---|
| 8206 | + | appointed before October 31, 2018. The task 9 |
|---|
| 8207 | + | force members shall be appointed as follows: 10 |
|---|
| 8208 | + | (1) A parent of a student attending 11 |
|---|
| 8209 | + | elementary school, appointed by a statewide 12 |
|---|
| 8210 | + | association of parents and teachers; 13 |
|---|
| 8211 | + | (2) A parent of a student attending a 14 |
|---|
| 8212 | + | grade not lower than the sixth nor higher than 15 |
|---|
| 8213 | + | the eighth grade, appointed by a statewide 16 |
|---|
| 8214 | + | association of parents and teachers; 17 SB 757 224 |
|---|
| 8215 | + | (3) A parent of a student attending high 18 |
|---|
| 8216 | + | school, appointed by a statewide association of 19 |
|---|
| 8217 | + | parents and teachers; 20 |
|---|
| 8218 | + | (4) An elementary education professional 21 |
|---|
| 8219 | + | from an accredited school district, appointed by 22 |
|---|
| 8220 | + | agreement among the Missouri State Teachers 23 |
|---|
| 8221 | + | Association, the Missouri National Education 24 |
|---|
| 8222 | + | Association, and the American Federation of 25 |
|---|
| 8223 | + | Teachers of Missouri; 26 |
|---|
| 8224 | + | (5) An education professional giving 27 |
|---|
| 8225 | + | instruction in a grade or grades not lower than 28 |
|---|
| 8226 | + | the sixth nor higher than the eighth grade in an 29 |
|---|
| 8227 | + | accredited school district, appointed by 30 |
|---|
| 8228 | + | agreement among the Missouri State Teachers 31 |
|---|
| 8229 | + | Association, the Missouri National Education 32 |
|---|
| 8230 | + | Association, and the American Federation of 33 |
|---|
| 8231 | + | Teachers of Missouri; 34 |
|---|
| 8232 | + | (6) A secondary education professional 35 |
|---|
| 8233 | + | from an accredited school district, appointed by 36 |
|---|
| 8234 | + | agreement among the Missouri State Teachers 37 |
|---|
| 8235 | + | Association, the Missouri National Education 38 |
|---|
| 8236 | + | Association, and the American Federation of 39 |
|---|
| 8237 | + | Teachers of Missouri; 40 |
|---|
| 8238 | + | (7) A career and technical education 41 |
|---|
| 8239 | + | professional who has experience serving as an 42 |
|---|
| 8240 | + | advisor to a statewide career and technical 43 |
|---|
| 8241 | + | education organization, appointed by a statewide 44 |
|---|
| 8242 | + | career and technical education organization; 45 |
|---|
| 8243 | + | (8) An education professional from an 46 |
|---|
| 8244 | + | accredited technical high school, appoin ted by a 47 |
|---|
| 8245 | + | statewide career and technical education 48 |
|---|
| 8246 | + | organization; 49 |
|---|
| 8247 | + | (9) A public school board member, 50 |
|---|
| 8248 | + | appointed by a statewide association of school 51 |
|---|
| 8249 | + | boards; 52 |
|---|
| 8250 | + | (10) A secondary school principal, 53 |
|---|
| 8251 | + | appointed by a statewide association of 54 |
|---|
| 8252 | + | secondary school principals; 55 |
|---|
| 8253 | + | (11) A principal of a school giving 56 |
|---|
| 8254 | + | instruction in a grade or grades not lower than 57 |
|---|
| 8255 | + | the sixth nor higher than the eighth grade, 58 |
|---|
| 8256 | + | appointed by a statewide association of 59 |
|---|
| 8257 | + | secondary school principals; 60 SB 757 225 |
|---|
| 8258 | + | (12) An elementary school counselor, 61 |
|---|
| 8259 | + | appointed by a statewide association of school 62 |
|---|
| 8260 | + | counselors; 63 |
|---|
| 8261 | + | (13) A school counselor from a school 64 |
|---|
| 8262 | + | giving instruction in a grade or grades not 65 |
|---|
| 8263 | + | lower than the sixth nor higher than the eighth 66 |
|---|
| 8264 | + | grade, appointed by a statewide association of 67 |
|---|
| 8265 | + | school counselors; 68 |
|---|
| 8266 | + | (14) A secondary school counselor, 69 |
|---|
| 8267 | + | appointed by a statewide association of school 70 |
|---|
| 8268 | + | counselors; 71 |
|---|
| 8269 | + | (15) A secondary school career and college 72 |
|---|
| 8270 | + | counselor, appointed by a statewide association 73 |
|---|
| 8271 | + | of school counselors; 74 |
|---|
| 8272 | + | (16) An apprenticeship professional, 75 |
|---|
| 8273 | + | appointed by the division of workforce 76 |
|---|
| 8274 | + | development of the department of economic 77 |
|---|
| 8275 | + | development; 78 |
|---|
| 8276 | + | (17) A representative of Missouri Project 79 |
|---|
| 8277 | + | Lead the Way, appointed by the statewide Project 80 |
|---|
| 8278 | + | Lead the Way organization; 81 |
|---|
| 8279 | + | (18) A representative of the State 82 |
|---|
| 8280 | + | Technical College of Missouri, appointed by the 83 |
|---|
| 8281 | + | State Technical College of Missouri; 84 |
|---|
| 8282 | + | (19) A representative of a public 85 |
|---|
| 8283 | + | community college, appointed by a statewide 86 |
|---|
| 8284 | + | organization of community colleges; and 87 |
|---|
| 8285 | + | (20) A representative of a public four - 88 |
|---|
| 8286 | + | year institution of higher education, appointed 89 |
|---|
| 8287 | + | by the commissioner of higher education. 90 |
|---|
| 8288 | + | 2. The members of the task force 91 |
|---|
| 8289 | + | established under subsection 1 of this section 92 |
|---|
| 8290 | + | shall elect a chair from among th e membership of 93 |
|---|
| 8291 | + | the task force. The task force shall meet as 94 |
|---|
| 8292 | + | needed to complete its consideration of the 95 |
|---|
| 8293 | + | course described in subsection 5 of this section 96 |
|---|
| 8294 | + | and provide its findings and recommendations as 97 |
|---|
| 8295 | + | described in subsection 6 of this section. 98 |
|---|
| 8296 | + | Members of the task force shall serve without 99 |
|---|
| 8297 | + | compensation. No school district policy or 100 |
|---|
| 8298 | + | administrative action shall require any 101 |
|---|
| 8299 | + | education employee member to use personal leave 102 |
|---|
| 8300 | + | or incur a reduction in pay for participating on 103 |
|---|
| 8301 | + | the task force. 104 SB 757 226 |
|---|
| 8302 | + | 3. The task force shall hold at least 105 |
|---|
| 8303 | + | three public hearings to provide an opportunity 106 |
|---|
| 8304 | + | to receive public testimony including, but not 107 |
|---|
| 8305 | + | limited to, testimony from educators, local 108 |
|---|
| 8306 | + | school boards, parents, representatives from 109 |
|---|
| 8307 | + | business and industry, labor and c ommunity 110 |
|---|
| 8308 | + | leaders, members of the general assembly, and 111 |
|---|
| 8309 | + | the general public. 112 |
|---|
| 8310 | + | 4. The department of elementary and 113 |
|---|
| 8311 | + | secondary education shall provide such legal, 114 |
|---|
| 8312 | + | research, clerical, and technical services as 115 |
|---|
| 8313 | + | the task force may require in the performa nce of 116 |
|---|
| 8314 | + | its duties. 117 |
|---|
| 8315 | + | 5. The task force established under 118 |
|---|
| 8316 | + | subsection 1 of this section shall consider a 119 |
|---|
| 8317 | + | course that: 120 |
|---|
| 8318 | + | (1) Gives students an opportunity to 121 |
|---|
| 8319 | + | explore various career and educational 122 |
|---|
| 8320 | + | opportunities by: 123 |
|---|
| 8321 | + | (a) Administering career surveys to 124 |
|---|
| 8322 | + | students and helping students use Missouri 125 |
|---|
| 8323 | + | Connections to determine their career interests 126 |
|---|
| 8324 | + | and develop plans to meet their career goals; 127 |
|---|
| 8325 | + | (b) Explaining the differences between 128 |
|---|
| 8326 | + | types of colleges, including two -year and four- 129 |
|---|
| 8327 | + | year colleges, and noting the availability of 130 |
|---|
| 8328 | + | registered apprenticeship programs as 131 |
|---|
| 8329 | + | alternatives to college for students; 132 |
|---|
| 8330 | + | (c) Describing technical degrees offered 133 |
|---|
| 8331 | + | by colleges; 134 |
|---|
| 8332 | + | (d) Explaining the courses and educational 135 |
|---|
| 8333 | + | experiences offered at community colleges; 136 |
|---|
| 8334 | + | (e) Describing the various certificates 137 |
|---|
| 8335 | + | and credentials available to earn at the school 138 |
|---|
| 8336 | + | or other schools including, but not limited to, 139 |
|---|
| 8337 | + | career and technical education certificates 140 |
|---|
| 8338 | + | described under section 170.029 and industry - 141 |
|---|
| 8339 | + | recognized certificates and credentials; 142 |
|---|
| 8340 | + | (f) Advising students of any advanced 143 |
|---|
| 8341 | + | placement courses that they may take at the 144 |
|---|
| 8342 | + | school; 145 |
|---|
| 8343 | + | (g) Describing any opportunities at the 146 |
|---|
| 8344 | + | school for dual enrollment; 147 SB 757 227 |
|---|
| 8345 | + | (h) Advising students of any Project Lead 148 |
|---|
| 8346 | + | the Way courses offered at the school and 149 |
|---|
| 8347 | + | explaining how Project Lead the Way courses help 150 |
|---|
| 8348 | + | students learn valuable skills; 151 |
|---|
| 8349 | + | (i) Informing students of the availability 152 |
|---|
| 8350 | + | of funding for postsecondary education through 153 |
|---|
| 8351 | + | the A+ schools program described un der section 154 |
|---|
| 8352 | + | 160.545; 155 |
|---|
| 8353 | + | (j) Describing the availability of virtual 156 |
|---|
| 8354 | + | courses; 157 |
|---|
| 8355 | + | (k) Describing the types of skills and 158 |
|---|
| 8356 | + | occupations most in demand in the current job 159 |
|---|
| 8357 | + | market and those skills and occupations likely 160 |
|---|
| 8358 | + | to be in high demand in future yea rs; 161 |
|---|
| 8359 | + | (l) Describing the typical salaries for 162 |
|---|
| 8360 | + | occupations, salary trends, and opportunities 163 |
|---|
| 8361 | + | for advancement in various occupations; 164 |
|---|
| 8362 | + | (m) Emphasizing the opportunities 165 |
|---|
| 8363 | + | available in careers involving science, 166 |
|---|
| 8364 | + | technology, engineering, and math; 167 |
|---|
| 8365 | + | (n) Advising students of the resources 168 |
|---|
| 8366 | + | offered by workforce or job centers; 169 |
|---|
| 8367 | + | (o) Preparing students for the ACT 170 |
|---|
| 8368 | + | assessment or the ACT WorkKeys assessments 171 |
|---|
| 8369 | + | required for the National Career Readiness 172 |
|---|
| 8370 | + | Certificate; 173 |
|---|
| 8371 | + | (p) Administering a pract ice ACT 174 |
|---|
| 8372 | + | assessment or practice ACT WorkKeys assessments 175 |
|---|
| 8373 | + | required for the National Career Readiness 176 |
|---|
| 8374 | + | Certificate to students; 177 |
|---|
| 8375 | + | (q) Advising students of opportunities to 178 |
|---|
| 8376 | + | take the SAT and the Armed Services Vocational 179 |
|---|
| 8377 | + | Aptitude Battery; 180 |
|---|
| 8378 | + | (r) Administering a basic math test to 181 |
|---|
| 8379 | + | students so that they can assess their math 182 |
|---|
| 8380 | + | skills; 183 |
|---|
| 8381 | + | (s) Administering a basic writing test to 184 |
|---|
| 8382 | + | students so that they can assess their writing 185 |
|---|
| 8383 | + | skills; 186 |
|---|
| 8384 | + | (t) Helping each student prepare a 187 |
|---|
| 8385 | + | personal plan of study t hat outlines a sequence 188 |
|---|
| 8386 | + | of courses and experiences that concludes with 189 |
|---|
| 8387 | + | the student reaching his or her postsecondary 190 |
|---|
| 8388 | + | goals; and 191 SB 757 228 |
|---|
| 8389 | + | (u) Explaining how to complete college 192 |
|---|
| 8390 | + | applications and the Free Application for 193 |
|---|
| 8391 | + | Federal Student Aid; 194 |
|---|
| 8392 | + | (2) Focuses on career readiness and 195 |
|---|
| 8393 | + | emphasizes the importance of work ethic, 196 |
|---|
| 8394 | + | communication, collaboration, critical thinking, 197 |
|---|
| 8395 | + | and creativity; 198 |
|---|
| 8396 | + | (3) Demonstrates that graduation from a 199 |
|---|
| 8397 | + | four-year college is not the only pathway to 200 |
|---|
| 8398 | + | success by describing to st udents at least 201 |
|---|
| 8399 | + | sixteen pathways to success in detail and 202 |
|---|
| 8400 | + | including guest visitors who represent each 203 |
|---|
| 8401 | + | pathway described. In exploring how these 204 |
|---|
| 8402 | + | pathways could be covered in the course, the 205 |
|---|
| 8403 | + | task force shall consider how instructors for 206 |
|---|
| 8404 | + | the course may be able to rely on assistance 207 |
|---|
| 8405 | + | from Missouri Career Pathways within the 208 |
|---|
| 8406 | + | department of elementary and secondary education; 209 |
|---|
| 8407 | + | (4) Provides student loan counseling; and 210 |
|---|
| 8408 | + | (5) May include parent-student meetings. 211 |
|---|
| 8409 | + | 6. Before December 1, 2019, the task force 212 |
|---|
| 8410 | + | established under subsection 1 of this section 213 |
|---|
| 8411 | + | shall present its findings and recommendations 214 |
|---|
| 8412 | + | to the speaker of the house of representatives, 215 |
|---|
| 8413 | + | the president pro tempore of the senate, the 216 |
|---|
| 8414 | + | joint committee on education, and the state 217 |
|---|
| 8415 | + | board of education. Upon presenting the 218 |
|---|
| 8416 | + | findings and recommendations as described in 219 |
|---|
| 8417 | + | this subsection, the task force shall dissolve. ] 220 |
|---|
| 8418 | + | [171.034. Any school district that is 1 |
|---|
| 8419 | + | eligible to reduce its requirement to make up 2 |
|---|
| 8420 | + | days pursuant to sub section 3 of section 171.033 3 |
|---|
| 8421 | + | may provide food service on a summer school food 4 |
|---|
| 8422 | + | service basis if it resumes school with double 5 |
|---|
| 8423 | + | sessions.] 6 |
|---|
| 8424 | + | [172.287. 1. The University of Missouri 1 |
|---|
| 8425 | + | shall annually request an appropriation under 2 |
|---|
| 8426 | + | capital improvements, subject to availability of 3 |
|---|
| 8427 | + | funds, for a program of grants established for 4 |
|---|
| 8428 | + | the engineering colleges of the University of 5 |
|---|
| 8429 | + | Missouri for the purpose of assisting such 6 |
|---|
| 8430 | + | colleges in the purchase of teaching and 7 |
|---|
| 8431 | + | research laboratory equipment exc lusive of 8 SB 757 229 |
|---|
| 8432 | + | laboratory or classroom furniture. The amount 9 |
|---|
| 8433 | + | granted for each engineering college may not 10 |
|---|
| 8434 | + | exceed the lesser of an amount equal to one 11 |
|---|
| 8435 | + | thousand two hundred dollars per each such 12 |
|---|
| 8436 | + | bachelor's degree awarded in the previous fiscal 13 |
|---|
| 8437 | + | year in all engineering programs currently 14 |
|---|
| 8438 | + | accredited by the accreditation board for 15 |
|---|
| 8439 | + | engineering and technology, or the dollar value 16 |
|---|
| 8440 | + | of new funds for equipment purchase which such 17 |
|---|
| 8441 | + | colleges may obtain from sources other than 18 |
|---|
| 8442 | + | state appropriations for laboratory equ ipment. 19 |
|---|
| 8443 | + | 2. For purposes of this section, the fair 20 |
|---|
| 8444 | + | market value of in-kind contributions of 21 |
|---|
| 8445 | + | laboratory equipment to the colleges may be 22 |
|---|
| 8446 | + | included as funds for equipment purchase from 23 |
|---|
| 8447 | + | sources other than state appropriations. In the 24 |
|---|
| 8448 | + | event that new funds for laboratory equipment 25 |
|---|
| 8449 | + | purchase obtained by any college of engineering 26 |
|---|
| 8450 | + | from such nonstate sources exceed the amount 27 |
|---|
| 8451 | + | necessary to reach the maximum dollar limits 28 |
|---|
| 8452 | + | herein specified, such excess amounts will be 29 |
|---|
| 8453 | + | carried over to the following fiscal year and 30 |
|---|
| 8454 | + | considered the same as that year's new equipment 31 |
|---|
| 8455 | + | funds from nonstate sources. 32 |
|---|
| 8456 | + | 3. In the event that the appropriations 33 |
|---|
| 8457 | + | for this grant program are insufficient to fund 34 |
|---|
| 8458 | + | all grants approved for a given fiscal year, all 35 |
|---|
| 8459 | + | such grants shall be reduced pro rata as 36 |
|---|
| 8460 | + | necessary. 37 |
|---|
| 8461 | + | 4. The provisions of this section shall 38 |
|---|
| 8462 | + | terminate on June 30, 2017. ] 39 |
|---|
| 8463 | + | [173.196. 1. Any business firm, as 1 |
|---|
| 8464 | + | defined in section 32.105, may make a donation 2 |
|---|
| 8465 | + | to the "Missouri Higher Education Scholars hip 3 |
|---|
| 8466 | + | Donation Fund", which is hereby created in the 4 |
|---|
| 8467 | + | state treasury. A donating business firm shall 5 |
|---|
| 8468 | + | receive a tax credit as provided in this section 6 |
|---|
| 8469 | + | equal to fifty percent of the amount of the 7 |
|---|
| 8470 | + | donation, except that tax credits shall be 8 |
|---|
| 8471 | + | awarded each fiscal year in the order donations 9 |
|---|
| 8472 | + | are received and the amount of tax credits 10 |
|---|
| 8473 | + | authorized shall total no more than two hundred 11 |
|---|
| 8474 | + | and fifty thousand dollars for each fiscal year. 12 SB 757 230 |
|---|
| 8475 | + | 2. The department of revenue shall grant 13 |
|---|
| 8476 | + | tax credits approved under this section which 14 |
|---|
| 8477 | + | shall be applied in the order specified in 15 |
|---|
| 8478 | + | subsection 1 of section 32.115 until used. The 16 |
|---|
| 8479 | + | tax credits provided under this section shall be 17 |
|---|
| 8480 | + | refundable, and any tax credit not used in the 18 |
|---|
| 8481 | + | fiscal year in which approved may be carried 19 |
|---|
| 8482 | + | over the next five succeeding calendar or fiscal 20 |
|---|
| 8483 | + | years until the full credit has been claimed. 21 |
|---|
| 8484 | + | Notwithstanding any other law to the contrary, 22 |
|---|
| 8485 | + | any tax credits granted under this section may 23 |
|---|
| 8486 | + | be assigned, transferred, sold, or otherwise 24 |
|---|
| 8487 | + | conveyed without con sent or approval. Such 25 |
|---|
| 8488 | + | taxpayer, hereinafter the assignor for purposes 26 |
|---|
| 8489 | + | of this section, may sell, assign, exchange, or 27 |
|---|
| 8490 | + | otherwise transfer earned tax credits: 28 |
|---|
| 8491 | + | (1) For no less than seventy -five percent 29 |
|---|
| 8492 | + | of the par value of such credits; and 30 |
|---|
| 8493 | + | (2) In an amount not to exceed one hundred 31 |
|---|
| 8494 | + | percent of annual earned credits. 32 |
|---|
| 8495 | + | 3. No tax credit authorized under this 33 |
|---|
| 8496 | + | section may be applied against any tax applied 34 |
|---|
| 8497 | + | in a tax year beginning prior to January 1, 1995. 35 |
|---|
| 8498 | + | 4. All revenues credited to t he fund shall 36 |
|---|
| 8499 | + | be used, subject to appropriations, to provide 37 |
|---|
| 8500 | + | scholarships authorized under sections 173.197 38 |
|---|
| 8501 | + | to 173.199, and for no other purpose. 39 |
|---|
| 8502 | + | 5. For all tax years beginning on or after 40 |
|---|
| 8503 | + | January 1, 2005, no tax credits shall be 41 |
|---|
| 8504 | + | authorized, awarded, or issued to any person or 42 |
|---|
| 8505 | + | entity claiming any tax credit under this 43 |
|---|
| 8506 | + | section.] 44 |
|---|
| 8507 | + | [173.236. 1. As used in this section, 1 |
|---|
| 8508 | + | unless the context clearly requires otherwise, 2 |
|---|
| 8509 | + | the following terms mean: 3 |
|---|
| 8510 | + | (1) "Board", the coordinating board for 4 |
|---|
| 8511 | + | higher education; 5 |
|---|
| 8512 | + | (2) "Grant", the Vietnam veteran's 6 |
|---|
| 8513 | + | survivors grant as established in this section; 7 |
|---|
| 8514 | + | (3) "Institution of postsecondary 8 |
|---|
| 8515 | + | education", any approved public or private 9 |
|---|
| 8516 | + | institution as defined in section 173.205; 10 SB 757 231 |
|---|
| 8517 | + | (4) "Survivor", a child or spouse of a 11 |
|---|
| 8518 | + | Vietnam veteran as defined in this section; 12 |
|---|
| 8519 | + | (5) "Tuition", any tuition or incidental 13 |
|---|
| 8520 | + | fee or both charged by an institution of 14 |
|---|
| 8521 | + | postsecondary education, as defined in this 15 |
|---|
| 8522 | + | section, for attendance at the institut ion by a 16 |
|---|
| 8523 | + | student as a resident of this state; 17 |
|---|
| 8524 | + | (6) "Vietnam veteran", a person who served 18 |
|---|
| 8525 | + | in the military in Vietnam or the war zone in 19 |
|---|
| 8526 | + | Southeast Asia and to whom the following 20 |
|---|
| 8527 | + | criteria shall apply: 21 |
|---|
| 8528 | + | (a) The veteran was a Missouri resident 22 |
|---|
| 8529 | + | when first entering the military service and at 23 |
|---|
| 8530 | + | the time of death; 24 |
|---|
| 8531 | + | (b) The veteran's death was attributable 25 |
|---|
| 8532 | + | to illness that could possibly be a result of 26 |
|---|
| 8533 | + | exposure to toxic chemicals during the Vietnam 27 |
|---|
| 8534 | + | Conflict; and 28 |
|---|
| 8535 | + | (c) The veteran served in the Vietnam 29 |
|---|
| 8536 | + | theater between 1961 and 1972. 30 |
|---|
| 8537 | + | 2. Within the limits of the amounts 31 |
|---|
| 8538 | + | appropriated therefor, the coordinating board 32 |
|---|
| 8539 | + | for higher education shall award annually up to 33 |
|---|
| 8540 | + | twelve grants to survivors of Vietnam veterans 34 |
|---|
| 8541 | + | to attend institutions of postsecondary 35 |
|---|
| 8542 | + | education in this state. If the waiting list of 36 |
|---|
| 8543 | + | eligible survivors exceeds fifty, the 37 |
|---|
| 8544 | + | coordinating board may petition the general 38 |
|---|
| 8545 | + | assembly to expand the quota. If the quota is 39 |
|---|
| 8546 | + | not expanded the eligibility of survivors on the 40 |
|---|
| 8547 | + | waiting list shall be extended. 41 |
|---|
| 8548 | + | 3. A survivor may receive a grant pursuant 42 |
|---|
| 8549 | + | to this section only so long as the survivor is 43 |
|---|
| 8550 | + | enrolled in a program leading to a certificate, 44 |
|---|
| 8551 | + | or an associate or baccalaureate degree. In no 45 |
|---|
| 8552 | + | event shall a survivor receive a gr ant beyond 46 |
|---|
| 8553 | + | the completion of the first baccalaureate 47 |
|---|
| 8554 | + | degree, regardless of age. No survivor shall 48 |
|---|
| 8555 | + | receive more than one hundred percent of tuition 49 |
|---|
| 8556 | + | when combined with similar funds made available 50 |
|---|
| 8557 | + | to such survivor. 51 |
|---|
| 8558 | + | 4. The coordinating board for h igher 52 |
|---|
| 8559 | + | education shall: 53 SB 757 232 |
|---|
| 8560 | + | (1) Promulgate all necessary rules and 54 |
|---|
| 8561 | + | regulations for the implementation of this 55 |
|---|
| 8562 | + | section; 56 |
|---|
| 8563 | + | (2) Determine minimum standards of 57 |
|---|
| 8564 | + | performance in order for a survivor to remain 58 |
|---|
| 8565 | + | eligible to receive a grant under this progr am; 59 |
|---|
| 8566 | + | (3) Make available on behalf of a survivor 60 |
|---|
| 8567 | + | an amount toward the survivor's tuition which is 61 |
|---|
| 8568 | + | equal to the grant to which the survivor is 62 |
|---|
| 8569 | + | entitled under the provisions of this section; 63 |
|---|
| 8570 | + | (4) Provide the forms and determine the 64 |
|---|
| 8571 | + | procedures necessary for a survivor to apply for 65 |
|---|
| 8572 | + | and receive a grant under this program. 66 |
|---|
| 8573 | + | 5. In order to be eligible to receive a 67 |
|---|
| 8574 | + | grant pursuant to this section, a survivor shall 68 |
|---|
| 8575 | + | be certified as eligible by a Missouri state 69 |
|---|
| 8576 | + | veterans service officer. Such certification 70 |
|---|
| 8577 | + | shall be made upon qualified medical 71 |
|---|
| 8578 | + | certification by a Veterans Administration 72 |
|---|
| 8579 | + | medical authority that exposure to toxic 73 |
|---|
| 8580 | + | chemicals contributed to or was the cause of 74 |
|---|
| 8581 | + | death of the veteran, as defined in subsection 1 75 |
|---|
| 8582 | + | of this section. 76 |
|---|
| 8583 | + | 6. A survivor who is enrolled or has been 77 |
|---|
| 8584 | + | accepted for enrollment as an undergraduate 78 |
|---|
| 8585 | + | postsecondary student at an approved institution 79 |
|---|
| 8586 | + | of postsecondary education shall receive a grant 80 |
|---|
| 8587 | + | in an amount not to exceed the least of the 81 |
|---|
| 8588 | + | following: 82 |
|---|
| 8589 | + | (1) The actual tuition, as defined in this 83 |
|---|
| 8590 | + | section, charged at an approved institution 84 |
|---|
| 8591 | + | where the child is enrolled or accepted for 85 |
|---|
| 8592 | + | enrollment; or 86 |
|---|
| 8593 | + | (2) The average amount of tuition charged 87 |
|---|
| 8594 | + | a Missouri resident at the institutions 88 |
|---|
| 8595 | + | identified in section 174 .020 for attendance as 89 |
|---|
| 8596 | + | a full-time student, as defined in section 90 |
|---|
| 8597 | + | 173.205. 91 |
|---|
| 8598 | + | 7. A survivor who is a recipient of a 92 |
|---|
| 8599 | + | grant may transfer from one approved public or 93 |
|---|
| 8600 | + | private institution of postsecondary education 94 |
|---|
| 8601 | + | to another without losing his entitlem ent under 95 |
|---|
| 8602 | + | this section. The board shall make necessary 96 |
|---|
| 8603 | + | adjustments in the amount of the grant. If a 97 SB 757 233 |
|---|
| 8604 | + | grant recipient at any time withdraws from the 98 |
|---|
| 8605 | + | institution of postsecondary education so that 99 |
|---|
| 8606 | + | under the rules and regulations of that 100 |
|---|
| 8607 | + | institution he is entitled to a refund of any 101 |
|---|
| 8608 | + | tuition, fees, or other charges, the institution 102 |
|---|
| 8609 | + | shall pay the portion of the refund to which he 103 |
|---|
| 8610 | + | is entitled attributable to the grant for that 104 |
|---|
| 8611 | + | semester or similar grading period to the board. 105 |
|---|
| 8612 | + | 8. If a survivor is granted financial 106 |
|---|
| 8613 | + | assistance under any other student aid program, 107 |
|---|
| 8614 | + | public or private, the full amount of such aid 108 |
|---|
| 8615 | + | shall be reported to the board by the 109 |
|---|
| 8616 | + | institution and the eligible survivor. 110 |
|---|
| 8617 | + | 9. Nothing in this section shall be 111 |
|---|
| 8618 | + | construed as a promi se or guarantee that a 112 |
|---|
| 8619 | + | person will be admitted to an institution of 113 |
|---|
| 8620 | + | postsecondary education or to a particular 114 |
|---|
| 8621 | + | institution of postsecondary education, will be 115 |
|---|
| 8622 | + | allowed to continue to attend an institution of 116 |
|---|
| 8623 | + | postsecondary education after having been 117 |
|---|
| 8624 | + | admitted, or will be graduated from an 118 |
|---|
| 8625 | + | institution of postsecondary education. 119 |
|---|
| 8626 | + | 10. The benefits conferred by this section 120 |
|---|
| 8627 | + | shall be available to any academically qualified 121 |
|---|
| 8628 | + | surviving children and spouses of Vietnam 122 |
|---|
| 8629 | + | veterans as defined in subsection 1 of this 123 |
|---|
| 8630 | + | section, regardless of the survivor's age, until 124 |
|---|
| 8631 | + | December 31, 1995. After December 31, 1995, the 125 |
|---|
| 8632 | + | benefits conferred by this section shall not be 126 |
|---|
| 8633 | + | available to such persons who are twenty -five 127 |
|---|
| 8634 | + | years of age or older, except spouses will 128 |
|---|
| 8635 | + | remain eligible until the fifth anniversary 129 |
|---|
| 8636 | + | after the death of the veteran. 130 |
|---|
| 8637 | + | 11. This section shall expire on December 131 |
|---|
| 8638 | + | 31, 2015.] 132 |
|---|
| 8639 | + | [173.680. 1. The department of higher 1 |
|---|
| 8640 | + | education and workforce development shall 2 |
|---|
| 8641 | + | conduct a study to id entify the information 3 |
|---|
| 8642 | + | technology industry certifications most 4 |
|---|
| 8643 | + | frequently requested by employers in Missouri. 5 |
|---|
| 8644 | + | The department of higher education and workforce 6 |
|---|
| 8645 | + | development may conduct the study with the 7 |
|---|
| 8646 | + | assistance of other state departments and 8 SB 757 234 |
|---|
| 8647 | + | agencies, the Missouri mathematics and science 9 |
|---|
| 8648 | + | coalition, and the governor's advisory council 10 |
|---|
| 8649 | + | on science, technology, engineering, and 11 |
|---|
| 8650 | + | mathematical issues. 12 |
|---|
| 8651 | + | 2. The department of higher education and 13 |
|---|
| 8652 | + | workforce development shall complete the study 14 |
|---|
| 8653 | + | no later than January 31, 2015. The department 15 |
|---|
| 8654 | + | shall prepare the findings in a report and 16 |
|---|
| 8655 | + | provide it to: 17 |
|---|
| 8656 | + | (1) The president pro tempore of the 18 |
|---|
| 8657 | + | senate; 19 |
|---|
| 8658 | + | (2) The speaker of the house of 20 |
|---|
| 8659 | + | representatives; 21 |
|---|
| 8660 | + | (3) The joint committee on education; 22 |
|---|
| 8661 | + | (4) The governor; 23 |
|---|
| 8662 | + | (5) The coordinating board for higher 24 |
|---|
| 8663 | + | education; and 25 |
|---|
| 8664 | + | (6) The state board of education. ] 26 |
|---|
| 8665 | + | [184.384. The district and subdistricts 1 |
|---|
| 8666 | + | and the officers and employees thereof shall be 2 |
|---|
| 8667 | + | subject to the provisi ons of chapter 296 or any 3 |
|---|
| 8668 | + | amendment thereto hereafter enacted. ] 4 |
|---|
| 8669 | + | [190.450. By December 31, 2017, the 1 |
|---|
| 8670 | + | department of public safety shall complete a 2 |
|---|
| 8671 | + | study of the number of public safety answering 3 |
|---|
| 8672 | + | points necessary to provide the best pos sible 4 |
|---|
| 8673 | + | 911 technology and service to all areas of the 5 |
|---|
| 8674 | + | state in the most efficient and economical 6 |
|---|
| 8675 | + | manner possible, issue a state public safety 7 |
|---|
| 8676 | + | answering point consolidation plan based on the 8 |
|---|
| 8677 | + | study, and provide such plan to the Missouri 911 9 |
|---|
| 8678 | + | service board.] 10 |
|---|
| 8679 | + | [191.425. 1. Upon receipt of federal 1 |
|---|
| 8680 | + | funding in accordance with subsection 4 of this 2 |
|---|
| 8681 | + | section, there is hereby established within the 3 |
|---|
| 8682 | + | department of health and senior services the 4 |
|---|
| 8683 | + | "Women's Heart Health Program" to provide heart 5 |
|---|
| 8684 | + | disease risk screening to uninsured and 6 |
|---|
| 8685 | + | underinsured women. 7 |
|---|
| 8686 | + | 2. The following women shall be eligible 8 |
|---|
| 8687 | + | for program services: 9 SB 757 235 |
|---|
| 8688 | + | (1) Women between the ages of thirty -five 10 |
|---|
| 8689 | + | and sixty-four years; 11 |
|---|
| 8690 | + | (2) Women who are receiving breast and 12 |
|---|
| 8691 | + | cervical cancer screenings under the Missouri 13 |
|---|
| 8692 | + | show me healthy women program; 14 |
|---|
| 8693 | + | (3) Women who are uninsured or whose 15 |
|---|
| 8694 | + | insurance does not provide coverage for heart 16 |
|---|
| 8695 | + | disease risk screenings; and 17 |
|---|
| 8696 | + | (4) Women with a gross family income at or 18 |
|---|
| 8697 | + | below two hundred percent of the federal poverty 19 |
|---|
| 8698 | + | level. 20 |
|---|
| 8699 | + | 3. The department shall contract with 21 |
|---|
| 8700 | + | health care providers who are currently 22 |
|---|
| 8701 | + | providing services under the Missouri show me 23 |
|---|
| 8702 | + | healthy women program to provide screening 24 |
|---|
| 8703 | + | services under the women's heart healt h 25 |
|---|
| 8704 | + | program. Screening shall include but not be 26 |
|---|
| 8705 | + | limited to height, weight, and body mass index 27 |
|---|
| 8706 | + | (BMI), blood pressure, total cholesterol, HDL, 28 |
|---|
| 8707 | + | and blood glucose. Any woman whose screening 29 |
|---|
| 8708 | + | indicates an increased risk for heart disease 30 |
|---|
| 8709 | + | shall be referred for appropriate follow -up 31 |
|---|
| 8710 | + | health care services and be offered lifestyle 32 |
|---|
| 8711 | + | education services to reduce her risk for heart 33 |
|---|
| 8712 | + | disease. 34 |
|---|
| 8713 | + | 4. The women's heart health program shall 35 |
|---|
| 8714 | + | be subject to receipt of federal funding which 36 |
|---|
| 8715 | + | designates such funding fo r heart disease risk 37 |
|---|
| 8716 | + | screening to uninsured and underinsured women. 38 |
|---|
| 8717 | + | In the event that federal funds are not 39 |
|---|
| 8718 | + | available for such program, the department shall 40 |
|---|
| 8719 | + | not be required to establish or implement the 41 |
|---|
| 8720 | + | program. 42 |
|---|
| 8721 | + | 5. Under section 23.253 of the M issouri 43 |
|---|
| 8722 | + | sunset act: 44 |
|---|
| 8723 | + | (1) The provisions of the program 45 |
|---|
| 8724 | + | authorized under this section shall 46 |
|---|
| 8725 | + | automatically sunset three years after August 47 |
|---|
| 8726 | + | 28, 2012, unless reauthorized by an act of the 48 |
|---|
| 8727 | + | general assembly; and 49 |
|---|
| 8728 | + | (2) If such program is reauthorize d, the 50 |
|---|
| 8729 | + | program authorized under this section shall 51 |
|---|
| 8730 | + | automatically sunset three years after the 52 SB 757 236 |
|---|
| 8731 | + | effective date of the reauthorization of this 53 |
|---|
| 8732 | + | section; and 54 |
|---|
| 8733 | + | (3) This section shall terminate on 55 |
|---|
| 8734 | + | September first of the calendar year immediately 56 |
|---|
| 8735 | + | following the calendar year in which the program 57 |
|---|
| 8736 | + | authorized under this section is sunset. ] 58 |
|---|
| 8737 | + | [191.950. 1. As used in this section, the 1 |
|---|
| 8738 | + | following terms mean: 2 |
|---|
| 8739 | + | (1) "Department", the department of health 3 |
|---|
| 8740 | + | and senior services; 4 |
|---|
| 8741 | + | (2) "Economically challenged men", men who 5 |
|---|
| 8742 | + | have a gross income up to one hundred fifty 6 |
|---|
| 8743 | + | percent of the federal poverty level; 7 |
|---|
| 8744 | + | (3) "Program", the prostate cancer pilot 8 |
|---|
| 8745 | + | program established in this section; 9 |
|---|
| 8746 | + | (4) "Rural area", a rural area which is in 10 |
|---|
| 8747 | + | either any county of the third classification 11 |
|---|
| 8748 | + | without a township form of government and with 12 |
|---|
| 8749 | + | more than twenty thousand but fewer than twenty 13 |
|---|
| 8750 | + | thousand one hundred inhabitants, any county of 14 |
|---|
| 8751 | + | the second classification with more than 15 |
|---|
| 8752 | + | nineteen thousand seve n hundred but fewer than 16 |
|---|
| 8753 | + | nineteen thousand eight hundred inhabitants, or 17 |
|---|
| 8754 | + | any county of the third classification with a 18 |
|---|
| 8755 | + | township form of government and with more than 19 |
|---|
| 8756 | + | thirty-three thousand one hundred but fewer than 20 |
|---|
| 8757 | + | thirty-three thousand two hundred in habitants; 21 |
|---|
| 8758 | + | (5) "Uninsured men", men for whom services 22 |
|---|
| 8759 | + | provided by the program are not covered by 23 |
|---|
| 8760 | + | private insurance, MO HealthNet or Medicare; 24 |
|---|
| 8761 | + | (6) "Urban area", an urban area which is 25 |
|---|
| 8762 | + | located in a city not within a county. 26 |
|---|
| 8763 | + | 2. Subject to securing a cooperative 27 |
|---|
| 8764 | + | agreement with a nonprofit entity for funding of 28 |
|---|
| 8765 | + | the program, there is hereby established within 29 |
|---|
| 8766 | + | the department of health and senior services two 30 |
|---|
| 8767 | + | "Prostate Cancer Pilot Programs" to fund 31 |
|---|
| 8768 | + | prostate cancer screening and treatment services 32 |
|---|
| 8769 | + | and to provide education to men residing in this 33 |
|---|
| 8770 | + | state. One prostate cancer pilot program shall 34 |
|---|
| 8771 | + | be located in an urban area and one prostate 35 |
|---|
| 8772 | + | cancer pilot program shall be located in a rural 36 |
|---|
| 8773 | + | area. The department may directly contract with 37 SB 757 237 |
|---|
| 8774 | + | the Missouri Foundation for Health, or a 38 |
|---|
| 8775 | + | successor entity, in the delivery of the pilot 39 |
|---|
| 8776 | + | program. For purposes of this section, the 40 |
|---|
| 8777 | + | contracting process of the department with these 41 |
|---|
| 8778 | + | entities need not be governed by the provisions 42 |
|---|
| 8779 | + | of chapter 34. 43 |
|---|
| 8780 | + | 3. The program shall be open to: 44 |
|---|
| 8781 | + | (1) Uninsured men or economically 45 |
|---|
| 8782 | + | challenged men who are at least fifty years old; 46 |
|---|
| 8783 | + | and 47 |
|---|
| 8784 | + | (2) On the advice of a physician or at the 48 |
|---|
| 8785 | + | request of the individual, uninsured men or 49 |
|---|
| 8786 | + | economically challenged men who are at least 50 |
|---|
| 8787 | + | thirty-five years of age but less than fifty 51 |
|---|
| 8788 | + | years of age and who are at high risk for 52 |
|---|
| 8789 | + | prostate cancer. 53 |
|---|
| 8790 | + | 4. The program shall provide: 54 |
|---|
| 8791 | + | (1) Prostate cancer screening; 55 |
|---|
| 8792 | + | (2) Referral services, including services 56 |
|---|
| 8793 | + | necessary for diagnosis; 57 |
|---|
| 8794 | + | (3) Treatment services for individuals who 58 |
|---|
| 8795 | + | are diagnosed with prostate cancer after being 59 |
|---|
| 8796 | + | screened; and 60 |
|---|
| 8797 | + | (4) Outreach and education activities to 61 |
|---|
| 8798 | + | ensure awareness and utilization of program 62 |
|---|
| 8799 | + | services by uninsured men and economically 63 |
|---|
| 8800 | + | challenged men. 64 |
|---|
| 8801 | + | 5. Upon appropriation, the department 65 |
|---|
| 8802 | + | shall distribute grants to administer the 66 |
|---|
| 8803 | + | program to: 67 |
|---|
| 8804 | + | (1) Local health departments; and 68 |
|---|
| 8805 | + | (2) Federally qualified health centers. 69 |
|---|
| 8806 | + | 6. Three years from the date on which the 70 |
|---|
| 8807 | + | grants were first administered under this 71 |
|---|
| 8808 | + | section, the department shall report to the 72 |
|---|
| 8809 | + | governor and general assembly: 73 |
|---|
| 8810 | + | (1) The number of individuals screened and 74 |
|---|
| 8811 | + | treated under the program, including racial and 75 |
|---|
| 8812 | + | ethnic data on the individuals who were sc reened 76 |
|---|
| 8813 | + | and treated; and 77 |
|---|
| 8814 | + | (2) To the extent possible, any cost 78 |
|---|
| 8815 | + | savings achieved by the program as a result of 79 |
|---|
| 8816 | + | early detection of prostate cancer. 80 SB 757 238 |
|---|
| 8817 | + | 7. The department shall promulgate rules 81 |
|---|
| 8818 | + | to establish guidelines regarding eligibility 82 |
|---|
| 8819 | + | for the program and to implement the provisions 83 |
|---|
| 8820 | + | of this section. Any rule or portion of a rule, 84 |
|---|
| 8821 | + | as that term is defined in section 536.010, that 85 |
|---|
| 8822 | + | is created under the authority delegated in this 86 |
|---|
| 8823 | + | section shall become effective only if it 87 |
|---|
| 8824 | + | complies with and is s ubject to all of the 88 |
|---|
| 8825 | + | provisions of chapter 536 and, if applicable, 89 |
|---|
| 8826 | + | section 536.028. This section and chapter 536 90 |
|---|
| 8827 | + | are nonseverable and if any of the powers vested 91 |
|---|
| 8828 | + | with the general assembly pursuant to chapter 92 |
|---|
| 8829 | + | 536 to review, to delay the effective date , or 93 |
|---|
| 8830 | + | to disapprove and annul a rule are subsequently 94 |
|---|
| 8831 | + | held unconstitutional, then the grant of 95 |
|---|
| 8832 | + | rulemaking authority and any rule proposed or 96 |
|---|
| 8833 | + | adopted after August 28, 2011, shall be invalid 97 |
|---|
| 8834 | + | and void. 98 |
|---|
| 8835 | + | 8. Under and pursuant to section 23.253 of 99 |
|---|
| 8836 | + | the Missouri sunset act: 100 |
|---|
| 8837 | + | (1) The provisions of the new program 101 |
|---|
| 8838 | + | authorized under this section shall 102 |
|---|
| 8839 | + | automatically sunset six years after August 28, 103 |
|---|
| 8840 | + | 2011, unless reauthorized by an act of the 104 |
|---|
| 8841 | + | general assembly; and 105 |
|---|
| 8842 | + | (2) If such program is reauthor ized, the 106 |
|---|
| 8843 | + | program authorized under this section shall 107 |
|---|
| 8844 | + | automatically sunset six years after the 108 |
|---|
| 8845 | + | effective date of the reauthorization of this 109 |
|---|
| 8846 | + | section; and 110 |
|---|
| 8847 | + | (3) This section shall terminate on 111 |
|---|
| 8848 | + | September first of the calendar year immediately 112 |
|---|
| 8849 | + | following the calendar year in which the program 113 |
|---|
| 8850 | + | authorized under this section is sunset. ] 114 |
|---|
| 8851 | + | [191.1075. As used in sections 191.1075 to 1 |
|---|
| 8852 | + | 191.1085, the following terms shall mean: 2 |
|---|
| 8853 | + | (1) "Department", the department of health 3 |
|---|
| 8854 | + | and senior services; 4 |
|---|
| 8855 | + | (2) "Health care professional", a 5 |
|---|
| 8856 | + | physician or other health care practitioner 6 |
|---|
| 8857 | + | licensed, accredited, or certified by the state 7 |
|---|
| 8858 | + | of Missouri to perform specified health services; 8 |
|---|
| 8859 | + | (3) "Hospital": 9 SB 757 239 |
|---|
| 8860 | + | (a) A place devoted primarily to th e 10 |
|---|
| 8861 | + | maintenance and operation of facilities for the 11 |
|---|
| 8862 | + | diagnosis, treatment, or care of not less than 12 |
|---|
| 8863 | + | twenty-four consecutive hours in any week of 13 |
|---|
| 8864 | + | three or more nonrelated individuals suffering 14 |
|---|
| 8865 | + | from illness, disease, injury, deformity, or 15 |
|---|
| 8866 | + | other abnormal physical conditions; or 16 |
|---|
| 8867 | + | (b) A place devoted primarily to provide 17 |
|---|
| 8868 | + | for not less than twenty -four consecutive hours 18 |
|---|
| 8869 | + | in any week medical or nursing care for three or 19 |
|---|
| 8870 | + | more unrelated individuals. "Hospital" does not 20 |
|---|
| 8871 | + | include convalescent, nursing, shelt er, or 21 |
|---|
| 8872 | + | boarding homes as defined in chapter 198. ] 22 |
|---|
| 8873 | + | [191.1080. 1. There is hereby created 1 |
|---|
| 8874 | + | within the department of health and senior 2 |
|---|
| 8875 | + | services the "Missouri Palliative Care and 3 |
|---|
| 8876 | + | Quality of Life Interdisciplinary Council", 4 |
|---|
| 8877 | + | which shall be a palliative care consumer and 5 |
|---|
| 8878 | + | professional information and education program 6 |
|---|
| 8879 | + | to improve quality and delivery of patient - 7 |
|---|
| 8880 | + | centered and family-focused care in this state. 8 |
|---|
| 8881 | + | 2. On or before December 1, 2016, the 9 |
|---|
| 8882 | + | following members shall be appointed to the 10 |
|---|
| 8883 | + | council: 11 |
|---|
| 8884 | + | (1) Two members of the senate, appointed 12 |
|---|
| 8885 | + | by the president pro tempore of the senate; 13 |
|---|
| 8886 | + | (2) Two members of the house of 14 |
|---|
| 8887 | + | representatives, appointed by the speaker of the 15 |
|---|
| 8888 | + | house of representatives; 16 |
|---|
| 8889 | + | (3) Two board-certified hospice and 17 |
|---|
| 8890 | + | palliative medicine physicians licensed in this 18 |
|---|
| 8891 | + | state, appointed by the governor with the advice 19 |
|---|
| 8892 | + | and consent of the senate; 20 |
|---|
| 8893 | + | (4) Two certified hospice and palliative 21 |
|---|
| 8894 | + | nurses licensed in this state, appointed by the 22 |
|---|
| 8895 | + | governor with the adv ice and consent of the 23 |
|---|
| 8896 | + | senate; 24 |
|---|
| 8897 | + | (5) A certified hospice and palliative 25 |
|---|
| 8898 | + | social worker, appointed by the governor with 26 |
|---|
| 8899 | + | the advice and consent of the senate; 27 |
|---|
| 8900 | + | (6) A patient and family caregiver 28 |
|---|
| 8901 | + | advocate representative, appointed by the 29 SB 757 240 |
|---|
| 8902 | + | governor with the advice and consent of the 30 |
|---|
| 8903 | + | senate; and 31 |
|---|
| 8904 | + | (7) A spiritual professional with 32 |
|---|
| 8905 | + | experience in palliative care and health care, 33 |
|---|
| 8906 | + | appointed by the governor with the advice and 34 |
|---|
| 8907 | + | consent of the senate. 35 |
|---|
| 8908 | + | 3. Council members shall serve for a term 36 |
|---|
| 8909 | + | of three years. The members of the council 37 |
|---|
| 8910 | + | shall elect a chair and vice chair whose duties 38 |
|---|
| 8911 | + | shall be established by the council. The 39 |
|---|
| 8912 | + | department shall determine a time and place for 40 |
|---|
| 8913 | + | regular meetings of the council, which shall 41 |
|---|
| 8914 | + | meet at least biannuall y. 42 |
|---|
| 8915 | + | 4. Members of the council shall serve 43 |
|---|
| 8916 | + | without compensation, but shall, subject to 44 |
|---|
| 8917 | + | appropriations, be reimbursed for their actual 45 |
|---|
| 8918 | + | and necessary expenses incurred in the 46 |
|---|
| 8919 | + | performance of their duties as members of the 47 |
|---|
| 8920 | + | council. 48 |
|---|
| 8921 | + | 5. The council shall consult with and 49 |
|---|
| 8922 | + | advise the department on matters related to the 50 |
|---|
| 8923 | + | establishment, maintenance, operation, and 51 |
|---|
| 8924 | + | outcomes evaluation of palliative care 52 |
|---|
| 8925 | + | initiatives in this state, including the 53 |
|---|
| 8926 | + | palliative care consumer and professional 54 |
|---|
| 8927 | + | information and education program established in 55 |
|---|
| 8928 | + | section 191.1085. 56 |
|---|
| 8929 | + | 6. The council shall submit an annual 57 |
|---|
| 8930 | + | report to the general assembly, which includes 58 |
|---|
| 8931 | + | an assessment of the availability of palliative 59 |
|---|
| 8932 | + | care in this state for patients at early stages 60 |
|---|
| 8933 | + | of serious disease and an analysis of barriers 61 |
|---|
| 8934 | + | to greater access to palliative care. 62 |
|---|
| 8935 | + | 7. The council authorized under this 63 |
|---|
| 8936 | + | section shall automatically expire August 28, 64 |
|---|
| 8937 | + | 2022.] 65 |
|---|
| 8938 | + | [191.1085. 1. There is hereby established 1 |
|---|
| 8939 | + | the "Palliative Care Consumer and Professional 2 |
|---|
| 8940 | + | Information and Education Program" within the 3 |
|---|
| 8941 | + | department of health and senior services. 4 |
|---|
| 8942 | + | 2. The purpose of the program is to 5 |
|---|
| 8943 | + | maximize the effectiveness of palliative care in 6 |
|---|
| 8944 | + | this state by ensuring that comprehensive a nd 7 SB 757 241 |
|---|
| 8945 | + | accurate information and education about 8 |
|---|
| 8946 | + | palliative care is available to the public, 9 |
|---|
| 8947 | + | health care providers, and health care 10 |
|---|
| 8948 | + | facilities. 11 |
|---|
| 8949 | + | 3. The department shall publish on its 12 |
|---|
| 8950 | + | website information and resources, including 13 |
|---|
| 8951 | + | links to external res ources, about palliative 14 |
|---|
| 8952 | + | care for the public, health care providers, and 15 |
|---|
| 8953 | + | health care facilities, including but not 16 |
|---|
| 8954 | + | limited to: 17 |
|---|
| 8955 | + | (1) Continuing education opportunities for 18 |
|---|
| 8956 | + | health care providers; 19 |
|---|
| 8957 | + | (2) Information about palliative care 20 |
|---|
| 8958 | + | delivery in the home, primary, secondary, and 21 |
|---|
| 8959 | + | tertiary environments; and 22 |
|---|
| 8960 | + | (3) Consumer educational materials and 23 |
|---|
| 8961 | + | referral information for palliative care, 24 |
|---|
| 8962 | + | including hospice. 25 |
|---|
| 8963 | + | 4. Each hospital in this state is 26 |
|---|
| 8964 | + | encouraged to have a palliative care pres ence on 27 |
|---|
| 8965 | + | its intranet or internet website which provides 28 |
|---|
| 8966 | + | links to one or more of the following 29 |
|---|
| 8967 | + | organizations: the Institute of Medicine, the 30 |
|---|
| 8968 | + | Center to Advance Palliative Care, the 31 |
|---|
| 8969 | + | Supportive Care Coalition, the National Hospice 32 |
|---|
| 8970 | + | and Palliative Care Or ganization, the American 33 |
|---|
| 8971 | + | Academy of Hospice and Palliative Medicine, and 34 |
|---|
| 8972 | + | the National Institute on Aging. 35 |
|---|
| 8973 | + | 5. Each hospital in this state is 36 |
|---|
| 8974 | + | encouraged to have patient education information 37 |
|---|
| 8975 | + | about palliative care available for distribution 38 |
|---|
| 8976 | + | to patients. 39 |
|---|
| 8977 | + | 6. The department shall consult with the 40 |
|---|
| 8978 | + | palliative care and quality of life 41 |
|---|
| 8979 | + | interdisciplinary council established in section 42 |
|---|
| 8980 | + | 191.1080 in implementing the section. 43 |
|---|
| 8981 | + | 7. The department may promulgate rules to 44 |
|---|
| 8982 | + | implement the provisions of sections 191.1075 to 45 |
|---|
| 8983 | + | 191.1085. Any rule or portion of a rule, as 46 |
|---|
| 8984 | + | that term is defined in section 536.010, that is 47 |
|---|
| 8985 | + | created under the authority delegated in 48 |
|---|
| 8986 | + | sections 191.1075 to 191.1085 shall become 49 |
|---|
| 8987 | + | effective only if it complies with and is 50 |
|---|
| 8988 | + | subject to all of the provisions of chapter 536 51 SB 757 242 |
|---|
| 8989 | + | and, if applicable, section 536.028. Sections 52 |
|---|
| 8990 | + | 191.1075 to 191.1085 and chapter 536 are 53 |
|---|
| 8991 | + | nonseverable and if any of the powers vested 54 |
|---|
| 8992 | + | with the general assembly pursuant to chapter 55 |
|---|
| 8993 | + | 536 to review, to delay the effec tive date, or 56 |
|---|
| 8994 | + | to disapprove and annul a rule are subsequently 57 |
|---|
| 8995 | + | held unconstitutional, then the grant of 58 |
|---|
| 8996 | + | rulemaking authority and any rule proposed or 59 |
|---|
| 8997 | + | adopted after August 28, 2016, shall be invalid 60 |
|---|
| 8998 | + | and void. 61 |
|---|
| 8999 | + | 8. Notwithstanding the provisions of 62 |
|---|
| 9000 | + | section 23.253 to the contrary, the program 63 |
|---|
| 9001 | + | authorized under this section shall 64 |
|---|
| 9002 | + | automatically expire on August 28, 2022. ] 65 |
|---|
| 9003 | + | [192.926. 1. By September 1, 2015, the 1 |
|---|
| 9004 | + | department of social services in cooperation 2 |
|---|
| 9005 | + | with the department of he alth and senior 3 |
|---|
| 9006 | + | services and the department of mental health 4 |
|---|
| 9007 | + | shall establish a committee to assess the 5 |
|---|
| 9008 | + | continuation of the money follows the person 6 |
|---|
| 9009 | + | demonstration program in order to support 7 |
|---|
| 9010 | + | Missourians who have disabilities and those who 8 |
|---|
| 9011 | + | are aging to transition from nursing facilities 9 |
|---|
| 9012 | + | or habilitation centers to quality community 10 |
|---|
| 9013 | + | settings. The committee shall study 11 |
|---|
| 9014 | + | sustainability of the program beyond the current 12 |
|---|
| 9015 | + | demonstration time frame for all transitions to 13 |
|---|
| 9016 | + | occur by September 30, 2018. The committee 14 |
|---|
| 9017 | + | shall be administered and its members, with the 15 |
|---|
| 9018 | + | exception of the members from the house of 16 |
|---|
| 9019 | + | representatives and the senate, chosen by the 17 |
|---|
| 9020 | + | director of the department of social services. 18 |
|---|
| 9021 | + | 2. The committee shall: 19 |
|---|
| 9022 | + | (1) Review the extent to which the 20 |
|---|
| 9023 | + | demonstration program has achieved its purposes; 21 |
|---|
| 9024 | + | (2) Assess any possible improvements to 22 |
|---|
| 9025 | + | the program; 23 |
|---|
| 9026 | + | (3) Investigate program elements and costs 24 |
|---|
| 9027 | + | to sustain the program beyond its current 25 |
|---|
| 9028 | + | demonstration period; 26 |
|---|
| 9029 | + | (4) Explore cost savings achieved through 27 |
|---|
| 9030 | + | the demonstration program; 28 SB 757 243 |
|---|
| 9031 | + | (5) Investigate the possibility and need 29 |
|---|
| 9032 | + | to apply for a waiver from the Centers for 30 |
|---|
| 9033 | + | Medicare and Medicaid Services. 31 |
|---|
| 9034 | + | 3. The committee shall include fiscal 32 |
|---|
| 9035 | + | staff from the department of so cial services, 33 |
|---|
| 9036 | + | the department of health and senior services, 34 |
|---|
| 9037 | + | the department of mental health, and the office 35 |
|---|
| 9038 | + | of administration's division of budget and 36 |
|---|
| 9039 | + | planning. The committee shall also be comprised 37 |
|---|
| 9040 | + | of a representative from each of the following: 38 |
|---|
| 9041 | + | (1) The division of senior and disability 39 |
|---|
| 9042 | + | services within the department of health and 40 |
|---|
| 9043 | + | senior services; 41 |
|---|
| 9044 | + | (2) The MO HealthNet division within the 42 |
|---|
| 9045 | + | department of social services; 43 |
|---|
| 9046 | + | (3) The division of developmental 44 |
|---|
| 9047 | + | disabilities within the de partment of mental 45 |
|---|
| 9048 | + | health; 46 |
|---|
| 9049 | + | (4) Centers for independent living and 47 |
|---|
| 9050 | + | area agencies on aging currently serving as 48 |
|---|
| 9051 | + | money follows the person local contact agencies; 49 |
|---|
| 9052 | + | (5) The Missouri assistive technology 50 |
|---|
| 9053 | + | council; 51 |
|---|
| 9054 | + | (6) The Missouri development al 52 |
|---|
| 9055 | + | disabilities council; 53 |
|---|
| 9056 | + | (7) The skilled nursing community 54 |
|---|
| 9057 | + | predominately serving MO HealthNet participants; 55 |
|---|
| 9058 | + | (8) The Missouri house of representatives, 56 |
|---|
| 9059 | + | appointed by the speaker of the house of 57 |
|---|
| 9060 | + | representatives; and 58 |
|---|
| 9061 | + | (9) The Missouri senate, appointed by the 59 |
|---|
| 9062 | + | president pro tempore of the senate. 60 |
|---|
| 9063 | + | 4. The committee may also include other 61 |
|---|
| 9064 | + | members or work groups deemed necessary to 62 |
|---|
| 9065 | + | accomplish its purposes, including but not 63 |
|---|
| 9066 | + | limited to representatives from state agencies, 64 |
|---|
| 9067 | + | local advisory groups and community members, and 65 |
|---|
| 9068 | + | members of the general assembly with valuable 66 |
|---|
| 9069 | + | input regarding the activities of the money 67 |
|---|
| 9070 | + | follows the person demonstration program. 68 |
|---|
| 9071 | + | 5. The department of social services in 69 |
|---|
| 9072 | + | cooperation with the department of hea lth and 70 |
|---|
| 9073 | + | senior services and the department of mental 71 |
|---|
| 9074 | + | health shall make recommendations based on the 72 SB 757 244 |
|---|
| 9075 | + | findings of the committee and report them to the 73 |
|---|
| 9076 | + | general assembly and the governor by July 1, 74 |
|---|
| 9077 | + | 2016. 75 |
|---|
| 9078 | + | 6. The provisions of this section shall 76 |
|---|
| 9079 | + | expire on January 1, 2017. ] 77 |
|---|
| 9080 | + | [199.020. 1. The following officers and 1 |
|---|
| 9081 | + | their families shall, with the permission of the 2 |
|---|
| 9082 | + | department of health and senior services, reside 3 |
|---|
| 9083 | + | on the premises or other property of the 4 |
|---|
| 9084 | + | center: center director, assistant director, 5 |
|---|
| 9085 | + | physicians, and other personnel required for the 6 |
|---|
| 9086 | + | center's operation as recommended by the 7 |
|---|
| 9087 | + | center's director. Personnel residing at the 8 |
|---|
| 9088 | + | center shall pay a monthly rental determined 9 |
|---|
| 9089 | + | annually at the lower of cost or fair market 10 |
|---|
| 9090 | + | value; except that the center director, with the 11 |
|---|
| 9091 | + | approval of the director of the department of 12 |
|---|
| 9092 | + | health and senior services, may establish a 13 |
|---|
| 9093 | + | lower rate as required to fill the center's 14 |
|---|
| 9094 | + | personnel needs. 15 |
|---|
| 9095 | + | 2. This section shall terminate thirty 16 |
|---|
| 9096 | + | days following the date notice is provided to 17 |
|---|
| 9097 | + | the revisor of statutes that an agreement has 18 |
|---|
| 9098 | + | been executed which transfers the Missouri 19 |
|---|
| 9099 | + | rehabilitation center from the department of 20 |
|---|
| 9100 | + | health and senior services to the board of 21 |
|---|
| 9101 | + | curators of the University of Missouri. ] 22 |
|---|
| 9102 | + | [208.482. 1. The MO HealthNet division 1 |
|---|
| 9103 | + | shall not recover disproportionate share 2 |
|---|
| 9104 | + | hospital audit recoupments from any tier 1 3 |
|---|
| 9105 | + | safety net hospital, excluding department of 4 |
|---|
| 9106 | + | mental health state-operated psychiatric 5 |
|---|
| 9107 | + | hospitals, for which an intergovernmental 6 |
|---|
| 9108 | + | transfer was used for the nonfederal share of 7 |
|---|
| 9109 | + | its disproportionate share hospital payments. 8 |
|---|
| 9110 | + | General revenue funds shall not be used to 9 |
|---|
| 9111 | + | offset any expenditure of funds to pay such 10 |
|---|
| 9112 | + | recoupments to the federal government. 11 |
|---|
| 9113 | + | 2. The provisions of this section shall 12 |
|---|
| 9114 | + | expire on September 30, 2022. ] 13 |
|---|
| 9115 | + | [208.627. 1. The department of social 1 |
|---|
| 9116 | + | services shall seek input from the department of 2 SB 757 245 |
|---|
| 9117 | + | mental health and community -based social service 3 |
|---|
| 9118 | + | agencies, which provide case management services 4 |
|---|
| 9119 | + | to the elderly, for the purpose of developing a 5 |
|---|
| 9120 | + | report outlining areas and strategies by which 6 |
|---|
| 9121 | + | the department can deliver case management 7 |
|---|
| 9122 | + | services to the elderly by collaboration and 8 |
|---|
| 9123 | + | cooperation with community -based social service 9 |
|---|
| 9124 | + | agencies, employing licensed personnel. The 10 |
|---|
| 9125 | + | report shall include, but not be limited to, the 11 |
|---|
| 9126 | + | identification of at -risk elderly, 12 |
|---|
| 9127 | + | transportation services, case management 13 |
|---|
| 9128 | + | services, nutrition services, health services, 14 |
|---|
| 9129 | + | and socialization activities and programs. The 15 |
|---|
| 9130 | + | goal of strategies outlined should be to enhance 16 |
|---|
| 9131 | + | the quality of life and welfare of Missouri's 17 |
|---|
| 9132 | + | elderly population, and specifically Missouri's 18 |
|---|
| 9133 | + | at-risk elderly. 19 |
|---|
| 9134 | + | 2. The report required by subsection 1 of 20 |
|---|
| 9135 | + | this section shall be deliv ered to the governor, 21 |
|---|
| 9136 | + | the president pro tem of the senate, and the 22 |
|---|
| 9137 | + | speaker of the house not later than January 1, 23 |
|---|
| 9138 | + | 1995. The report shall identify effective and 24 |
|---|
| 9139 | + | efficient methods of delivering necessary 25 |
|---|
| 9140 | + | services to at-risk elderly.] 26 |
|---|
| 9141 | + | [210.154. 1. There is hereby created 1 |
|---|
| 9142 | + | within the department of social services the 2 |
|---|
| 9143 | + | "Missouri Task Force on the Prevention of Infant 3 |
|---|
| 9144 | + | Abuse and Neglect" to study and make 4 |
|---|
| 9145 | + | recommendations to the governor and general 5 |
|---|
| 9146 | + | assembly concerning the prevention o f infant 6 |
|---|
| 9147 | + | abuse and neglect in Missouri. The task force 7 |
|---|
| 9148 | + | shall consist of the following nine members: 8 |
|---|
| 9149 | + | (1) Two members of the senate from 9 |
|---|
| 9150 | + | different political parties, appointed by the 10 |
|---|
| 9151 | + | president pro tempore of the senate; 11 |
|---|
| 9152 | + | (2) Two members of the house of 12 |
|---|
| 9153 | + | representatives from different political 13 |
|---|
| 9154 | + | parties, appointed by the speaker of the house 14 |
|---|
| 9155 | + | of representatives; 15 |
|---|
| 9156 | + | (3) The director of the department of 16 |
|---|
| 9157 | + | social services, or his or her designee; 17 SB 757 246 |
|---|
| 9158 | + | (4) The director of the department of 18 |
|---|
| 9159 | + | health and senior services, or his or her 19 |
|---|
| 9160 | + | designee; 20 |
|---|
| 9161 | + | (5) A SAFE CARE provider as described in 21 |
|---|
| 9162 | + | section 334.950; 22 |
|---|
| 9163 | + | (6) A representative of a child advocacy 23 |
|---|
| 9164 | + | organization specializing in prevention of child 24 |
|---|
| 9165 | + | abuse and neglect; and 25 |
|---|
| 9166 | + | (7) A representative of a licensed 26 |
|---|
| 9167 | + | Missouri hospital or licensed Missouri birthing 27 |
|---|
| 9168 | + | center. 28 |
|---|
| 9169 | + | Members of the task force, other than the 29 |
|---|
| 9170 | + | legislative members and the directors of state 30 |
|---|
| 9171 | + | departments, shall be appointed by the governor 31 |
|---|
| 9172 | + | with the advice and consent of the se nate by 32 |
|---|
| 9173 | + | September 15, 2016. 33 |
|---|
| 9174 | + | 2. A majority vote of a quorum of the task 34 |
|---|
| 9175 | + | force is required for any action. 35 |
|---|
| 9176 | + | 3. The task force shall elect a chair and 36 |
|---|
| 9177 | + | vice chair at its first meeting, which shall be 37 |
|---|
| 9178 | + | convened by the director of the department of 38 |
|---|
| 9179 | + | social services, or his or her designee, no 39 |
|---|
| 9180 | + | later than October 1, 2016. Meetings may be 40 |
|---|
| 9181 | + | held by telephone or video conference at the 41 |
|---|
| 9182 | + | discretion of the chair. 42 |
|---|
| 9183 | + | 4. Members shall serve on the task force 43 |
|---|
| 9184 | + | without compensation but may, subject to 44 |
|---|
| 9185 | + | appropriations, be reimbursed for actual and 45 |
|---|
| 9186 | + | necessary expenses incurred in the performance 46 |
|---|
| 9187 | + | of their official duties as members of the task 47 |
|---|
| 9188 | + | force. 48 |
|---|
| 9189 | + | 5. On or before December 31, 2016, the 49 |
|---|
| 9190 | + | task force shall submit a report on its findings 50 |
|---|
| 9191 | + | and recommendations to the governor and general 51 |
|---|
| 9192 | + | assembly. 52 |
|---|
| 9193 | + | 6. The task shall develop recommendations 53 |
|---|
| 9194 | + | to reduce infant abuse and neglect, including 54 |
|---|
| 9195 | + | but not limited to: 55 |
|---|
| 9196 | + | (1) Sharing information between the 56 |
|---|
| 9197 | + | children's division and hospitals and birthing 57 |
|---|
| 9198 | + | centers for the purpose of identifying newborn 58 |
|---|
| 9199 | + | infants who may be at risk of abuse and neglect; 59 |
|---|
| 9200 | + | and 60 SB 757 247 |
|---|
| 9201 | + | (2) Training division employees and 61 |
|---|
| 9202 | + | medical providers to recognize the signs of 62 |
|---|
| 9203 | + | infant child abuse and neglect. 63 |
|---|
| 9204 | + | The recommendations may include prop osals for 64 |
|---|
| 9205 | + | specific statutory and regulatory changes and 65 |
|---|
| 9206 | + | methods to foster cooperation between state and 66 |
|---|
| 9207 | + | local governmental bodies, medical providers, 67 |
|---|
| 9208 | + | and child welfare agencies. 68 |
|---|
| 9209 | + | 7. The task force shall expire on January 69 |
|---|
| 9210 | + | 1, 2017, or upon submissi on of a report as 70 |
|---|
| 9211 | + | provided for under subsection 5 of this section. ] 71 |
|---|
| 9212 | + | [210.1030. 1. There is hereby created the 1 |
|---|
| 9213 | + | "Trauma-Informed Care for Children and Families 2 |
|---|
| 9214 | + | Task Force". The mission of the task force 3 |
|---|
| 9215 | + | shall be to promote the healt hy development of 4 |
|---|
| 9216 | + | children and their families living in Missouri 5 |
|---|
| 9217 | + | communities by promoting comprehensive trauma - 6 |
|---|
| 9218 | + | informed children and family support systems and 7 |
|---|
| 9219 | + | interagency cooperation. 8 |
|---|
| 9220 | + | 2. The task force shall consist of the 9 |
|---|
| 9221 | + | following members: 10 |
|---|
| 9222 | + | (1) The directors, or their designees, of 11 |
|---|
| 9223 | + | the departments of elementary and secondary 12 |
|---|
| 9224 | + | education, health and senior services, mental 13 |
|---|
| 9225 | + | health, social services, public safety, and 14 |
|---|
| 9226 | + | corrections; 15 |
|---|
| 9227 | + | (2) The director, or his or her designee, 16 |
|---|
| 9228 | + | of the office of child advocate; 17 |
|---|
| 9229 | + | (3) Six members from the private sector 18 |
|---|
| 9230 | + | with knowledge of trauma -informed care methods, 19 |
|---|
| 9231 | + | two of whom shall be appointed by the speaker of 20 |
|---|
| 9232 | + | the house of representatives, one of whom shall 21 |
|---|
| 9233 | + | be appointed by the minority leader of the house 22 |
|---|
| 9234 | + | of representatives, two of whom shall be 23 |
|---|
| 9235 | + | appointed by the president pro tempore of the 24 |
|---|
| 9236 | + | senate, and one of whom shall be appointed by 25 |
|---|
| 9237 | + | the minority leader of the senate; 26 |
|---|
| 9238 | + | (4) Two members of the house of 27 |
|---|
| 9239 | + | representatives appointed by the s peaker of the 28 |
|---|
| 9240 | + | house of representatives and one member of the 29 |
|---|
| 9241 | + | house of representatives appointed by the 30 |
|---|
| 9242 | + | minority leader of the house of representatives; 31 SB 757 248 |
|---|
| 9243 | + | (5) Two members of the senate appointed by 32 |
|---|
| 9244 | + | the president pro tempore of the senate and one 33 |
|---|
| 9245 | + | member of the senate appointed by the minority 34 |
|---|
| 9246 | + | leader of the senate; and 35 |
|---|
| 9247 | + | (6) The executive director, or his or her 36 |
|---|
| 9248 | + | designee, of the Missouri Juvenile Justice 37 |
|---|
| 9249 | + | Association. 38 |
|---|
| 9250 | + | 3. The task force shall incorporate 39 |
|---|
| 9251 | + | evidence-based and evidence-informed best 40 |
|---|
| 9252 | + | practices including, but not limited to, the 41 |
|---|
| 9253 | + | Missouri Model: A Developmental Framework for 42 |
|---|
| 9254 | + | Trauma-Informed, with respect to: 43 |
|---|
| 9255 | + | (1) Early identification of children and 44 |
|---|
| 9256 | + | youth and their families, as appropriate, who 45 |
|---|
| 9257 | + | have experienced or are a t risk of experiencing 46 |
|---|
| 9258 | + | trauma; 47 |
|---|
| 9259 | + | (2) The expeditious referral of such 48 |
|---|
| 9260 | + | children and youth and their families, as 49 |
|---|
| 9261 | + | appropriate, who require specialized services to 50 |
|---|
| 9262 | + | the appropriate trauma -informed support 51 |
|---|
| 9263 | + | services, including treatment, in accordance 52 |
|---|
| 9264 | + | with applicable privacy laws; and 53 |
|---|
| 9265 | + | (3) The implementation of trauma -informed 54 |
|---|
| 9266 | + | approaches and interventions in child and youth - 55 |
|---|
| 9267 | + | serving schools, organizations, homes, and other 56 |
|---|
| 9268 | + | settings to foster safe, stable, and nurturing 57 |
|---|
| 9269 | + | environments and relations hips that prevent and 58 |
|---|
| 9270 | + | mitigate the effects of trauma. 59 |
|---|
| 9271 | + | 4. The department of social services shall 60 |
|---|
| 9272 | + | provide such research, clerical, technical, and 61 |
|---|
| 9273 | + | other services as the task force may require in 62 |
|---|
| 9274 | + | the performance of its duties. 63 |
|---|
| 9275 | + | 5. The task force, its members, and any 64 |
|---|
| 9276 | + | staff assigned to the task force shall receive 65 |
|---|
| 9277 | + | reimbursement for their actual and necessary 66 |
|---|
| 9278 | + | expenses incurred in attending meetings of the 67 |
|---|
| 9279 | + | task force or any subcommittee thereof. 68 |
|---|
| 9280 | + | 6. The task force shall meet within two 69 |
|---|
| 9281 | + | months of August 28, 2018. 70 |
|---|
| 9282 | + | 7. The task force shall report a summary 71 |
|---|
| 9283 | + | of its activities and any recommendations for 72 |
|---|
| 9284 | + | legislation to the general assembly and to the 73 |
|---|
| 9285 | + | joint committee on child abuse and neglect under 74 |
|---|
| 9286 | + | section 21.771 by January 1, 2019. 75 SB 757 249 |
|---|
| 9287 | + | 8. The task force shall terminate on 76 |
|---|
| 9288 | + | January 1, 2019.] 77 |
|---|
| 9289 | + | [215.263. 1. For purposes of sections 1 |
|---|
| 9290 | + | 215.261 to 215.263, the term "affordable 2 |
|---|
| 9291 | + | housing" means all residential structures newly 3 |
|---|
| 9292 | + | constructed or rehabilitated, which a person 4 |
|---|
| 9293 | + | earning one hundred fifteen percent or less of 5 |
|---|
| 9294 | + | the median income for the person's county, as 6 |
|---|
| 9295 | + | determined by the United States Census Bureau's 7 |
|---|
| 9296 | + | American Community Survey, based on the most 8 |
|---|
| 9297 | + | recent of five-year period estimate data in 9 |
|---|
| 9298 | + | which the final year of the estimate ends in 10 |
|---|
| 9299 | + | either zero or five, could afford if spending 11 |
|---|
| 9300 | + | twenty-nine percent of that person's gross 12 |
|---|
| 9301 | + | income annually on such housing. 13 |
|---|
| 9302 | + | 2. Clerical, research and general 14 |
|---|
| 9303 | + | administrative support staff for the commission 15 |
|---|
| 9304 | + | shall be provided by the Missouri department of 16 |
|---|
| 9305 | + | economic development. ] 17 |
|---|
| 9306 | + | [217.147. 1. There is hereby created the 1 |
|---|
| 9307 | + | "Sentencing and Corrections Oversight 2 |
|---|
| 9308 | + | Commission". The commission shall be composed 3 |
|---|
| 9309 | + | of thirteen members as follows: 4 |
|---|
| 9310 | + | (1) A circuit court judge to be appointed 5 |
|---|
| 9311 | + | by the chief justice of the Missouri supreme 6 |
|---|
| 9312 | + | court; 7 |
|---|
| 9313 | + | (2) Three members to be appointed by the 8 |
|---|
| 9314 | + | governor with the advice and consent of the 9 |
|---|
| 9315 | + | senate, one of whom shall be a victim's 10 |
|---|
| 9316 | + | advocate, one of whom shall be a repres entative 11 |
|---|
| 9317 | + | from the Missouri Sheriffs' Association, and one 12 |
|---|
| 9318 | + | of whom shall be a representative of the 13 |
|---|
| 9319 | + | Missouri Association of Counties; 14 |
|---|
| 9320 | + | (3) The following shall be ex officio, 15 |
|---|
| 9321 | + | voting members: 16 |
|---|
| 9322 | + | (a) The chair of the senate judiciary 17 |
|---|
| 9323 | + | committee, or any successor committee that 18 |
|---|
| 9324 | + | reviews legislation involving crime and criminal 19 |
|---|
| 9325 | + | procedure, who shall serve as co -chair of the 20 |
|---|
| 9326 | + | commission and the ranking minority member of 21 |
|---|
| 9327 | + | such senate committee; 22 |
|---|
| 9328 | + | (b) The chair of the appropriations -public 23 |
|---|
| 9329 | + | safety and corrections committee of the house of 24 SB 757 250 |
|---|
| 9330 | + | representatives, or any successor committee that 25 |
|---|
| 9331 | + | reviews similar legislation, who shall serve as 26 |
|---|
| 9332 | + | co-chair and the ranking minority member of such 27 |
|---|
| 9333 | + | house committee; 28 |
|---|
| 9334 | + | (c) The director of the Missouri state 29 |
|---|
| 9335 | + | public defender system, or his or her designee 30 |
|---|
| 9336 | + | who is a practicing public defender; 31 |
|---|
| 9337 | + | (d) The executive director of the Missouri 32 |
|---|
| 9338 | + | office of prosecution services, or his or her 33 |
|---|
| 9339 | + | designee who is a practicing prosecutor; 34 |
|---|
| 9340 | + | (e) The director of the depar tment of 35 |
|---|
| 9341 | + | corrections, or his or her designee; 36 |
|---|
| 9342 | + | (f) The chairman of the board of probation 37 |
|---|
| 9343 | + | and parole, or his or her designee; 38 |
|---|
| 9344 | + | (g) The chief justice of the Missouri 39 |
|---|
| 9345 | + | supreme court, or his or her designee. 40 |
|---|
| 9346 | + | 2. Beginning with the appointment s made 41 |
|---|
| 9347 | + | after August 28, 2012, the circuit court judge 42 |
|---|
| 9348 | + | member shall be appointed for four years, two of 43 |
|---|
| 9349 | + | the members appointed by the governor shall be 44 |
|---|
| 9350 | + | appointed for three years, and one member 45 |
|---|
| 9351 | + | appointed by the governor shall be appointed for 46 |
|---|
| 9352 | + | two years. Thereafter, the members shall be 47 |
|---|
| 9353 | + | appointed to serve four -year terms and shall 48 |
|---|
| 9354 | + | serve until a successor is appointed. A vacancy 49 |
|---|
| 9355 | + | in the office of a member shall be filled by 50 |
|---|
| 9356 | + | appointment for the remainder of the unexpired 51 |
|---|
| 9357 | + | term. 52 |
|---|
| 9358 | + | 3. The co-chairs are responsible for 53 |
|---|
| 9359 | + | establishing and enforcing attendance and voting 54 |
|---|
| 9360 | + | rules, bylaws, and the frequency, location, and 55 |
|---|
| 9361 | + | time of meetings, and distributing meeting 56 |
|---|
| 9362 | + | notices, except that the commission's first 57 |
|---|
| 9363 | + | meeting shall occur by February 28, 2013, and 58 |
|---|
| 9364 | + | the commission shall meet at least twice each 59 |
|---|
| 9365 | + | calendar year. 60 |
|---|
| 9366 | + | 4. The duties of the commission shall 61 |
|---|
| 9367 | + | include: 62 |
|---|
| 9368 | + | (1) Monitoring and assisting the 63 |
|---|
| 9369 | + | implementation of sections 217.703, 217.718, and 64 |
|---|
| 9370 | + | subsection 4 of section 559.036, and evaluating 65 |
|---|
| 9371 | + | recidivism reductions, cost savings, and other 66 |
|---|
| 9372 | + | effects resulting from the implementation; 67 SB 757 251 |
|---|
| 9373 | + | (2) Determining ways to reinvest any cost 68 |
|---|
| 9374 | + | savings to pay for the continued implementation 69 |
|---|
| 9375 | + | of the sections listed in subdivision (1) of 70 |
|---|
| 9376 | + | this subsection and ot her evidence-based 71 |
|---|
| 9377 | + | practices for reducing recidivism; and 72 |
|---|
| 9378 | + | (3) Examining the issue of restitution for 73 |
|---|
| 9379 | + | crime victims, including the amount ordered and 74 |
|---|
| 9380 | + | collected annually, methods and costs of 75 |
|---|
| 9381 | + | collection, and restitution's order of priority 76 |
|---|
| 9382 | + | in official procedures and documents. 77 |
|---|
| 9383 | + | 5. The department, board, and office of 78 |
|---|
| 9384 | + | state courts administrator shall collect and 79 |
|---|
| 9385 | + | report any data requested by the commission in a 80 |
|---|
| 9386 | + | timely fashion. 81 |
|---|
| 9387 | + | 6. The commission shall issue a report to 82 |
|---|
| 9388 | + | the speaker of the house of representatives, 83 |
|---|
| 9389 | + | senate president pro tempore, chief justice of 84 |
|---|
| 9390 | + | the Missouri supreme court, and governor on 85 |
|---|
| 9391 | + | December 31, 2013, and annually thereafter, 86 |
|---|
| 9392 | + | detailing the effects of the sections listed in 87 |
|---|
| 9393 | + | subdivision (1) of subsection 4 and prov iding 88 |
|---|
| 9394 | + | the data and analysis demonstrating those 89 |
|---|
| 9395 | + | effects. The report may also recommend ways to 90 |
|---|
| 9396 | + | reinvest any cost savings into evidence -based 91 |
|---|
| 9397 | + | practices to reduce recidivism and possible 92 |
|---|
| 9398 | + | changes to sentencing and corrections policies 93 |
|---|
| 9399 | + | and statutes. 94 |
|---|
| 9400 | + | 7. The department of corrections shall 95 |
|---|
| 9401 | + | provide administrative support to the commission 96 |
|---|
| 9402 | + | to carry out the duties of this section. 97 |
|---|
| 9403 | + | 8. No member shall receive any 98 |
|---|
| 9404 | + | compensation for the performance of official 99 |
|---|
| 9405 | + | duties, but the members who are not ot herwise 100 |
|---|
| 9406 | + | reimbursed by their agency shall be reimbursed 101 |
|---|
| 9407 | + | for travel and other expenses actually and 102 |
|---|
| 9408 | + | necessarily incurred in the performance of their 103 |
|---|
| 9409 | + | duties. 104 |
|---|
| 9410 | + | 9. The provisions of this section shall 105 |
|---|
| 9411 | + | automatically expire on August 28, 2018. ] 106 |
|---|
| 9412 | + | [227.817. The portion of U.S. Highway 169 1 |
|---|
| 9413 | + | from State Highway VV continuing to State 2 |
|---|
| 9414 | + | Highway DD in Clinton and Clay counties shall be 3 |
|---|
| 9415 | + | designated the "Championship Way". The 4 SB 757 252 |
|---|
| 9416 | + | department of transportation shall erect and 5 |
|---|
| 9417 | + | maintain appropriate signs designating such 6 |
|---|
| 9418 | + | highway, with the costs to be paid by private 7 |
|---|
| 9419 | + | donations. This designation shall expire on 8 |
|---|
| 9420 | + | December 31, 2022.] 9 |
|---|
| 9421 | + | [260.900. As used in sections 260.900 to 1 |
|---|
| 9422 | + | 260.960, unless the context clearly indicates 2 |
|---|
| 9423 | + | otherwise, the following terms mean: 3 |
|---|
| 9424 | + | (1) "Abandoned dry-cleaning facility", any 4 |
|---|
| 9425 | + | real property premises or individual leasehold 5 |
|---|
| 9426 | + | space in which a dry -cleaning facility formerly 6 |
|---|
| 9427 | + | operated; 7 |
|---|
| 9428 | + | (2) "Active dry-cleaning facility", any 8 |
|---|
| 9429 | + | real property premises or individual leasehold 9 |
|---|
| 9430 | + | space in which a dry -cleaning facility currently 10 |
|---|
| 9431 | + | operates; 11 |
|---|
| 9432 | + | (3) "Chlorinated dry-cleaning solvent", 12 |
|---|
| 9433 | + | any dry-cleaning solvent which contains a 13 |
|---|
| 9434 | + | compound which has a molecular structure 14 |
|---|
| 9435 | + | containing the element chlorine; 15 |
|---|
| 9436 | + | (4) "Commission", the hazardous waste 16 |
|---|
| 9437 | + | management commission created in section 260.365; 17 |
|---|
| 9438 | + | (5) "Corrective action", those activities 18 |
|---|
| 9439 | + | described in subsection 1 of section 260.925; 19 |
|---|
| 9440 | + | (6) "Corrective action plan", a plan 20 |
|---|
| 9441 | + | approved by the direc tor to perform corrective 21 |
|---|
| 9442 | + | action at a dry-cleaning facility; 22 |
|---|
| 9443 | + | (7) "Department", the Missouri department 23 |
|---|
| 9444 | + | of natural resources; 24 |
|---|
| 9445 | + | (8) "Director", the director of the 25 |
|---|
| 9446 | + | Missouri department of natural resources; 26 |
|---|
| 9447 | + | (9) "Dry-cleaning facility", a c ommercial 27 |
|---|
| 9448 | + | establishment that operates, or has operated in 28 |
|---|
| 9449 | + | the past in whole or in part for the purpose of 29 |
|---|
| 9450 | + | cleaning garments or other fabrics on site 30 |
|---|
| 9451 | + | utilizing a process that involves any use of dry - 31 |
|---|
| 9452 | + | cleaning solvents. Dry-cleaning facility 32 |
|---|
| 9453 | + | includes all contiguous land, structures and 33 |
|---|
| 9454 | + | other appurtenances and improvements on the land 34 |
|---|
| 9455 | + | used in connection with a dry -cleaning facility 35 |
|---|
| 9456 | + | but does not include prisons, governmental 36 |
|---|
| 9457 | + | entities, hotels, motels or industrial 37 SB 757 253 |
|---|
| 9458 | + | laundries. Dry-cleaning facility doe s include 38 |
|---|
| 9459 | + | coin-operated dry-cleaning facilities; 39 |
|---|
| 9460 | + | (10) "Dry-cleaning solvent", any and all 40 |
|---|
| 9461 | + | nonaqueous solvents used or to be used in the 41 |
|---|
| 9462 | + | cleaning of garments and other fabrics at a dry - 42 |
|---|
| 9463 | + | cleaning facility and includes but is not 43 |
|---|
| 9464 | + | limited to perchloroethylene, also known as 44 |
|---|
| 9465 | + | tetrachloroethylene, chlorinated dry -cleaning, 45 |
|---|
| 9466 | + | and the products into which such solvents 46 |
|---|
| 9467 | + | degrade; 47 |
|---|
| 9468 | + | (11) "Dry-cleaning unit", a machine or 48 |
|---|
| 9469 | + | device which utilizes dry -cleaning solvents to 49 |
|---|
| 9470 | + | clean garments and other fabrics and includes 50 |
|---|
| 9471 | + | any associated piping and ancillary equipment 51 |
|---|
| 9472 | + | and any containment system; 52 |
|---|
| 9473 | + | (12) "Environmental response surcharge", 53 |
|---|
| 9474 | + | either the active dry -cleaning facility 54 |
|---|
| 9475 | + | registration surcharge or the dry -cleaning 55 |
|---|
| 9476 | + | solvent surcharge; 56 |
|---|
| 9477 | + | (13) "Fund", the dry-cleaning 57 |
|---|
| 9478 | + | environmental response trust fund created in 58 |
|---|
| 9479 | + | section 260.920; 59 |
|---|
| 9480 | + | (14) "Immediate response to a release", 60 |
|---|
| 9481 | + | containment and control of a known release in 61 |
|---|
| 9482 | + | excess of a reportable quantity and notification 62 |
|---|
| 9483 | + | to the department of any known release in excess 63 |
|---|
| 9484 | + | of a reportable quantity; 64 |
|---|
| 9485 | + | (15) "Operator", any person who is or has 65 |
|---|
| 9486 | + | been responsible for the operation of dry - 66 |
|---|
| 9487 | + | cleaning operations at a dry -cleaning facility; 67 |
|---|
| 9488 | + | (16) "Owner", any person who owns the real 68 |
|---|
| 9489 | + | property where a dry -cleaning facility is or has 69 |
|---|
| 9490 | + | operated; 70 |
|---|
| 9491 | + | (17) "Person", an individual, trust, firm, 71 |
|---|
| 9492 | + | joint venture, consortium, joint -stock company, 72 |
|---|
| 9493 | + | corporation, partnership, association or limited 73 |
|---|
| 9494 | + | liability company. Person does not include any 74 |
|---|
| 9495 | + | governmental organization; 75 |
|---|
| 9496 | + | (18) "Release", any spill, leak, emission, 76 |
|---|
| 9497 | + | discharge, escape, leak or disposal of dry - 77 |
|---|
| 9498 | + | cleaning solvent from a dry -cleaning facility 78 |
|---|
| 9499 | + | into the soils or waters of the state; 79 |
|---|
| 9500 | + | (19) "Reportable quantity", a known 80 |
|---|
| 9501 | + | release of a dry-cleaning solvent deemed 81 SB 757 254 |
|---|
| 9502 | + | reportable by applicable federal or state law or 82 |
|---|
| 9503 | + | regulation.] 83 |
|---|
| 9504 | + | [260.905. 1. The commission shall 1 |
|---|
| 9505 | + | promulgate and adopt such initial rules and 2 |
|---|
| 9506 | + | regulations, effective no later than July 1, 3 |
|---|
| 9507 | + | 2007, as shall be necessary to carry out the 4 |
|---|
| 9508 | + | purposes and provisions of sections 260.900 to 5 |
|---|
| 9509 | + | 260.960. Prior to the promulgation of such 6 |
|---|
| 9510 | + | rules, the commission shall meet with 7 |
|---|
| 9511 | + | representatives of the dry -cleaning industry and 8 |
|---|
| 9512 | + | other interested parties. The commission, 9 |
|---|
| 9513 | + | thereafter, shall promulgate and adopt 10 |
|---|
| 9514 | + | additional rules and regulations or change 11 |
|---|
| 9515 | + | existing rules and regulations when necessary to 12 |
|---|
| 9516 | + | carry out the purposes and provisions of 13 |
|---|
| 9517 | + | sections 260.900 to 260.960. 14 |
|---|
| 9518 | + | 2. Any rule or regulation adopted pursuant 15 |
|---|
| 9519 | + | to sections 260.900 to 260.960 shall be 16 |
|---|
| 9520 | + | reasonably necessary to protect human health, to 17 |
|---|
| 9521 | + | preserve, protect and maintain the water and 18 |
|---|
| 9522 | + | other natural resources of this state and to 19 |
|---|
| 9523 | + | provide for prompt corrective action of releases 20 |
|---|
| 9524 | + | from dry-cleaning facilities. Consistent with 21 |
|---|
| 9525 | + | these purposes, the commission shall adopt rules 22 |
|---|
| 9526 | + | and regulations, effective no later than July 1, 23 |
|---|
| 9527 | + | 2007: 24 |
|---|
| 9528 | + | (1) Establishing requirements that owners 25 |
|---|
| 9529 | + | who close dry-cleaning facilities remove dry - 26 |
|---|
| 9530 | + | cleaning solvents and wastes from such 27 |
|---|
| 9531 | + | facilities in order to prevent any future 28 |
|---|
| 9532 | + | releases; 29 |
|---|
| 9533 | + | (2) Establishing criteria to prioritize 30 |
|---|
| 9534 | + | the expenditure of funds from the dry -cleaning 31 |
|---|
| 9535 | + | environmental response trust fund. The criteria 32 |
|---|
| 9536 | + | shall include consideration of: 33 |
|---|
| 9537 | + | (a) The benefit to be derived from 34 |
|---|
| 9538 | + | corrective action compared to the cost of 35 |
|---|
| 9539 | + | conducting such corrective action; 36 |
|---|
| 9540 | + | (b) The degree to which human health and 37 |
|---|
| 9541 | + | the environment are actually affected by 38 |
|---|
| 9542 | + | exposure to contamination; 39 |
|---|
| 9543 | + | (c) The present and future use of an 40 |
|---|
| 9544 | + | affected aquifer or surface water; 41 SB 757 255 |
|---|
| 9545 | + | (d) The effect that interim or immediate 42 |
|---|
| 9546 | + | remedial measures will have on future costs; and 43 |
|---|
| 9547 | + | (e) Such additional factors as the 44 |
|---|
| 9548 | + | commission considers relevant; 45 |
|---|
| 9549 | + | (3) Establishing criteria under which a 46 |
|---|
| 9550 | + | determination may be made by the department of 47 |
|---|
| 9551 | + | the level at which corrective action shall be 48 |
|---|
| 9552 | + | deemed completed. Criteria for determining 49 |
|---|
| 9553 | + | completion of corrective action shall be based 50 |
|---|
| 9554 | + | on the factors set forth in subdivision (2) of 51 |
|---|
| 9555 | + | this subsection and: 52 |
|---|
| 9556 | + | (a) Individual site characteristics 53 |
|---|
| 9557 | + | including natural remediation processes; 54 |
|---|
| 9558 | + | (b) Applicable state water quality 55 |
|---|
| 9559 | + | standards; 56 |
|---|
| 9560 | + | (c) Whether deviation from state water 57 |
|---|
| 9561 | + | quality standards or from established criteria 58 |
|---|
| 9562 | + | is appropriate, based on the deg ree to which the 59 |
|---|
| 9563 | + | desired remediation level is achievable and may 60 |
|---|
| 9564 | + | be reasonably and cost effectively implemented, 61 |
|---|
| 9565 | + | subject to the limitation that where a state 62 |
|---|
| 9566 | + | water quality standard is applicable, a 63 |
|---|
| 9567 | + | deviation may not result in the application of 64 |
|---|
| 9568 | + | standards more stringent than that standard; and 65 |
|---|
| 9569 | + | (d) Such additional factors as the 66 |
|---|
| 9570 | + | commission considers relevant. ] 67 |
|---|
| 9571 | + | [260.910. 1. No person shall: 1 |
|---|
| 9572 | + | (1) Operate an active dry -cleaning 2 |
|---|
| 9573 | + | facility in violation of sections 260.900 to 3 |
|---|
| 9574 | + | 260.960, rules and regulations adopted pursuant 4 |
|---|
| 9575 | + | to sections 260.900 to 260.960 or orders of the 5 |
|---|
| 9576 | + | director pursuant to sections 260.900 to 6 |
|---|
| 9577 | + | 260.960, or operate an active dry -cleaning 7 |
|---|
| 9578 | + | facility in violation of any other applicable 8 |
|---|
| 9579 | + | federal or state environ mental statutes, rules 9 |
|---|
| 9580 | + | or regulations; 10 |
|---|
| 9581 | + | (2) Prevent or hinder a properly 11 |
|---|
| 9582 | + | identified officer or employee of the department 12 |
|---|
| 9583 | + | or other authorized agent of the director from 13 |
|---|
| 9584 | + | entering, inspecting, sampling or responding to 14 |
|---|
| 9585 | + | a release at reasonable times and with 15 |
|---|
| 9586 | + | reasonable advance notice to the operator as 16 |
|---|
| 9587 | + | authorized by sections 260.900 to 260.960; 17 SB 757 256 |
|---|
| 9588 | + | (3) Knowingly make any false material 18 |
|---|
| 9589 | + | statement or representation in any record, 19 |
|---|
| 9590 | + | report or other document filed, maintained or 20 |
|---|
| 9591 | + | used for the purpose of compliance with sections 21 |
|---|
| 9592 | + | 260.900 to 260.960; 22 |
|---|
| 9593 | + | (4) Knowingly destroy, alter or conceal 23 |
|---|
| 9594 | + | any record required to be maintained by sections 24 |
|---|
| 9595 | + | 260.900 to 260.960 or rules and regulations 25 |
|---|
| 9596 | + | adopted pursuant to sections 260.900 to 260.960; 26 |
|---|
| 9597 | + | (5) Willfully allow a release in excess of 27 |
|---|
| 9598 | + | a reportable quantity or knowingly fail to make 28 |
|---|
| 9599 | + | an immediate response to a release in accordance 29 |
|---|
| 9600 | + | with sections 260.900 to 260.960 and rules and 30 |
|---|
| 9601 | + | regulations pursuant to sections 260.900 to 31 |
|---|
| 9602 | + | 260.960. 32 |
|---|
| 9603 | + | 2. The director may bring a civil damages 33 |
|---|
| 9604 | + | action against any person who violates any 34 |
|---|
| 9605 | + | provisions of subsection 1 of this section. 35 |
|---|
| 9606 | + | Such civil damages may be assessed in an amount 36 |
|---|
| 9607 | + | not to exceed five hundred dollars for each 37 |
|---|
| 9608 | + | violation and are in addition to any other 38 |
|---|
| 9609 | + | penalty assessed by law. 39 |
|---|
| 9610 | + | 3. In assessing any civil damages pursuant 40 |
|---|
| 9611 | + | to this section, a court of competent 41 |
|---|
| 9612 | + | jurisdiction shall consider, when applicable, 42 |
|---|
| 9613 | + | the following factors: 43 |
|---|
| 9614 | + | (1) The extent to which the violation 44 |
|---|
| 9615 | + | presents a hazard to human health; 45 |
|---|
| 9616 | + | (2) The extent to which the violation has 46 |
|---|
| 9617 | + | or may have an adverse effect on the environment; 47 |
|---|
| 9618 | + | (3) The amount of the reasonable costs 48 |
|---|
| 9619 | + | incurred by the state in detection and 49 |
|---|
| 9620 | + | investigation of the violation; and 50 |
|---|
| 9621 | + | (4) The economic savings realized by the 51 |
|---|
| 9622 | + | person in not complying with the provision for 52 |
|---|
| 9623 | + | which a violation is charged. ] 53 |
|---|
| 9624 | + | [260.915. Each operator of an active dry - 1 |
|---|
| 9625 | + | cleaning facility shall register with the 2 |
|---|
| 9626 | + | department on a form provided by the department 3 |
|---|
| 9627 | + | according to procedures established by the 4 |
|---|
| 9628 | + | department by rule.] 5 |
|---|
| 9629 | + | [260.920. 1. There is hereby created 1 |
|---|
| 9630 | + | within the state treasury a fund to be known as 2 SB 757 257 |
|---|
| 9631 | + | the "Dry-cleaning Environmental Response Trust 3 |
|---|
| 9632 | + | Fund". All moneys received from the 4 |
|---|
| 9633 | + | environmental response surcharges, fees, gifts, 5 |
|---|
| 9634 | + | bequests, donations and moneys recovered by the 6 |
|---|
| 9635 | + | state pursuant to sections 260.900 to 260.960, 7 |
|---|
| 9636 | + | except for any moneys paid under an agreement 8 |
|---|
| 9637 | + | with the director or as civil damages, or any 9 |
|---|
| 9638 | + | other money so designated shall be deposited in 10 |
|---|
| 9639 | + | the state treasury to the credit of the dry - 11 |
|---|
| 9640 | + | cleaning environmental response trust fund, and 12 |
|---|
| 9641 | + | shall be invested to generate income to the 13 |
|---|
| 9642 | + | fund. Notwithstanding the provisions of section 14 |
|---|
| 9643 | + | 33.080, the unexpended balance i n the dry- 15 |
|---|
| 9644 | + | cleaning environmental response trust fund at 16 |
|---|
| 9645 | + | the end of each fiscal year shall not be 17 |
|---|
| 9646 | + | transferred to the general revenue fund. 18 |
|---|
| 9647 | + | 2. Moneys in the fund may be expended for 19 |
|---|
| 9648 | + | only the following purposes and for no other 20 |
|---|
| 9649 | + | governmental purpose : 21 |
|---|
| 9650 | + | (1) The direct costs of administration and 22 |
|---|
| 9651 | + | enforcement of sections 260.900 to 260.960; and 23 |
|---|
| 9652 | + | (2) The costs of corrective action as 24 |
|---|
| 9653 | + | provided in section 260.925. 25 |
|---|
| 9654 | + | 3. The state treasurer is authorized to 26 |
|---|
| 9655 | + | deposit all of the moneys in the dr y-cleaning 27 |
|---|
| 9656 | + | environmental response trust fund in any of the 28 |
|---|
| 9657 | + | qualified depositories of the state. All such 29 |
|---|
| 9658 | + | deposits shall be secured in such a manner and 30 |
|---|
| 9659 | + | shall be made upon such terms and conditions as 31 |
|---|
| 9660 | + | are now or may hereafter be provided by law 32 |
|---|
| 9661 | + | relative to state deposits. Interest received 33 |
|---|
| 9662 | + | on such deposits shall be credited to the dry - 34 |
|---|
| 9663 | + | cleaning environmental response trust fund. 35 |
|---|
| 9664 | + | 4. Any funds received pursuant to sections 36 |
|---|
| 9665 | + | 260.900 to 260.960 and deposited in the dry - 37 |
|---|
| 9666 | + | cleaning environmental resp onse trust fund shall 38 |
|---|
| 9667 | + | not be considered a part of "total state 39 |
|---|
| 9668 | + | revenue" as provided in Sections 17 and 18 of 40 |
|---|
| 9669 | + | Article X of the Missouri Constitution. ] 41 |
|---|
| 9670 | + | [260.925. 1. On and after July 1, 2002, 1 |
|---|
| 9671 | + | moneys in the fund shall be utilized to a ddress 2 |
|---|
| 9672 | + | contamination resulting from releases of dry - 3 |
|---|
| 9673 | + | cleaning solvents as provided in sections 4 SB 757 258 |
|---|
| 9674 | + | 260.900 to 260.960. Whenever a release poses a 5 |
|---|
| 9675 | + | threat to human health or the environment, the 6 |
|---|
| 9676 | + | department, consistent with rules and 7 |
|---|
| 9677 | + | regulations adopted by the commission pursuant 8 |
|---|
| 9678 | + | to subdivisions (2) and (3) of subsection 2 of 9 |
|---|
| 9679 | + | section 260.905, shall expend moneys available 10 |
|---|
| 9680 | + | in the fund to provide for: 11 |
|---|
| 9681 | + | (1) Investigation and assessment of a 12 |
|---|
| 9682 | + | release from a dry-cleaning facility, including 13 |
|---|
| 9683 | + | costs of investigations and assessments of 14 |
|---|
| 9684 | + | contamination which may have moved off of the 15 |
|---|
| 9685 | + | dry-cleaning facility; 16 |
|---|
| 9686 | + | (2) Necessary or appropriate emergency 17 |
|---|
| 9687 | + | action, including but not limited to treatment, 18 |
|---|
| 9688 | + | restoration or replacement of drinking water 19 |
|---|
| 9689 | + | supplies, to assure that the human health or 20 |
|---|
| 9690 | + | safety is not threatened by a release or 21 |
|---|
| 9691 | + | potential release; 22 |
|---|
| 9692 | + | (3) Remediation of releases from dry - 23 |
|---|
| 9693 | + | cleaning facilities, including contamination 24 |
|---|
| 9694 | + | which may have moved off of the dry -cleaning 25 |
|---|
| 9695 | + | facility, which remediation shall consist of the 26 |
|---|
| 9696 | + | preparation of a corrective action plan and the 27 |
|---|
| 9697 | + | cleanup of affected soil, groundwater and 28 |
|---|
| 9698 | + | surface waters, using an alternative that is 29 |
|---|
| 9699 | + | cost-effective, technologically feasible and 30 |
|---|
| 9700 | + | reliable, provides adequate protection of human 31 |
|---|
| 9701 | + | health and environment and to the extent 32 |
|---|
| 9702 | + | practicable minimizes environmental damage; 33 |
|---|
| 9703 | + | (4) Operation and maintenance of 34 |
|---|
| 9704 | + | corrective action; 35 |
|---|
| 9705 | + | (5) Monitoring of releases from dry - 36 |
|---|
| 9706 | + | cleaning facilities including contamination 37 |
|---|
| 9707 | + | which may have moved of f of the dry-cleaning 38 |
|---|
| 9708 | + | facility; 39 |
|---|
| 9709 | + | (6) Payment of reasonable costs incurred 40 |
|---|
| 9710 | + | by the director in providing field and 41 |
|---|
| 9711 | + | laboratory services; 42 |
|---|
| 9712 | + | (7) Reasonable costs of restoring property 43 |
|---|
| 9713 | + | as nearly as practicable to the condition that 44 |
|---|
| 9714 | + | existed prior to activities associated with the 45 |
|---|
| 9715 | + | investigation of a release or cleanup or 46 |
|---|
| 9716 | + | remediation activities; 47 SB 757 259 |
|---|
| 9717 | + | (8) Removal and proper disposal of wastes 48 |
|---|
| 9718 | + | generated by a release of a dry -cleaning 49 |
|---|
| 9719 | + | solvent; and 50 |
|---|
| 9720 | + | (9) Payment of costs of corrective action 51 |
|---|
| 9721 | + | conducted by the department or by entities other 52 |
|---|
| 9722 | + | than the department but approved by the 53 |
|---|
| 9723 | + | department, whether or not such corrective 54 |
|---|
| 9724 | + | action is set out in a corrective action plan; 55 |
|---|
| 9725 | + | except that, there shall be no reimbursement for 56 |
|---|
| 9726 | + | corrective action costs inc urred before August 57 |
|---|
| 9727 | + | 28, 2000. 58 |
|---|
| 9728 | + | 2. Nothing in subsection 1 of this section 59 |
|---|
| 9729 | + | shall be construed to authorize the department 60 |
|---|
| 9730 | + | to obligate moneys in the fund for payment of 61 |
|---|
| 9731 | + | costs that are not integral to corrective action 62 |
|---|
| 9732 | + | for a release of dry -cleaning solvents from a 63 |
|---|
| 9733 | + | dry-cleaning facility. Moneys from the fund 64 |
|---|
| 9734 | + | shall not be used: 65 |
|---|
| 9735 | + | (1) For corrective action at sites that 66 |
|---|
| 9736 | + | are contaminated by solvents normally used in 67 |
|---|
| 9737 | + | dry-cleaning operations where the contamination 68 |
|---|
| 9738 | + | did not result from the operati on of a dry- 69 |
|---|
| 9739 | + | cleaning facility; 70 |
|---|
| 9740 | + | (2) For corrective action at sites, other 71 |
|---|
| 9741 | + | than dry-cleaning facilities, that are 72 |
|---|
| 9742 | + | contaminated by dry-cleaning solvents which were 73 |
|---|
| 9743 | + | released while being transported to or from a 74 |
|---|
| 9744 | + | dry-cleaning facility; 75 |
|---|
| 9745 | + | (3) To pay any fine or penalty brought 76 |
|---|
| 9746 | + | against a dry-cleaning facility operator under 77 |
|---|
| 9747 | + | state or federal law; 78 |
|---|
| 9748 | + | (4) To pay any costs related to corrective 79 |
|---|
| 9749 | + | action at a dry-cleaning facility that has been 80 |
|---|
| 9750 | + | included by the United States Environmental 81 |
|---|
| 9751 | + | Protection Agency on the national priorities 82 |
|---|
| 9752 | + | list; 83 |
|---|
| 9753 | + | (5) For corrective action at sites with 84 |
|---|
| 9754 | + | active dry-cleaning facilities where the owner 85 |
|---|
| 9755 | + | or operator is not in compliance with sections 86 |
|---|
| 9756 | + | 260.900 to 260.960, rules and regulations 87 |
|---|
| 9757 | + | adopted pursuant to sections 260.900 to 260.960, 88 |
|---|
| 9758 | + | orders of the director pursuant to sections 89 |
|---|
| 9759 | + | 260.900 to 260.960, or any other applicable 90 SB 757 260 |
|---|
| 9760 | + | federal or state environmental statutes, rules 91 |
|---|
| 9761 | + | or regulations; or 92 |
|---|
| 9762 | + | (6) For corrective action at sites with 93 |
|---|
| 9763 | + | abandoned dry-cleaning facilities that have been 94 |
|---|
| 9764 | + | taken out of operation prior to July 1, 2009, 95 |
|---|
| 9765 | + | and not documented by or reported to the 96 |
|---|
| 9766 | + | department by July 1, 2009. Any person 97 |
|---|
| 9767 | + | reporting such a site to the department shall 98 |
|---|
| 9768 | + | include any available evidence that the site 99 |
|---|
| 9769 | + | once contained a dry-cleaning facility. 100 |
|---|
| 9770 | + | 3. Nothing in sections 260.900 to 260.960 101 |
|---|
| 9771 | + | shall be construed to restrict the department 102 |
|---|
| 9772 | + | from temporarily postponing completion of 103 |
|---|
| 9773 | + | corrective action for which moneys from the fund 104 |
|---|
| 9774 | + | are being expended whenever such postpone ment is 105 |
|---|
| 9775 | + | deemed necessary in order to protect public 106 |
|---|
| 9776 | + | health and the environment. 107 |
|---|
| 9777 | + | 4. At any multisource site, the department 108 |
|---|
| 9778 | + | shall utilize the moneys in the fund to pay for 109 |
|---|
| 9779 | + | the proportionate share of the liability for 110 |
|---|
| 9780 | + | corrective action costs which is attributable to 111 |
|---|
| 9781 | + | a release from one or more dry -cleaning 112 |
|---|
| 9782 | + | facilities and for that proportionate share of 113 |
|---|
| 9783 | + | the liability only. 114 |
|---|
| 9784 | + | 5. At any multisource site, the director 115 |
|---|
| 9785 | + | is authorized to make a determination of the 116 |
|---|
| 9786 | + | relative liability of the fund f or costs of 117 |
|---|
| 9787 | + | corrective action, expressed as a percentage of 118 |
|---|
| 9788 | + | the total cost of corrective action at a site, 119 |
|---|
| 9789 | + | whether known or unknown. The director shall 120 |
|---|
| 9790 | + | issue an order establishing such percentage of 121 |
|---|
| 9791 | + | liability. Such order shall be binding and 122 |
|---|
| 9792 | + | shall control the obligation of the fund until 123 |
|---|
| 9793 | + | or unless amended by the director. In the event 124 |
|---|
| 9794 | + | of an appeal from such order, such percentage of 125 |
|---|
| 9795 | + | liability shall be controlling for costs 126 |
|---|
| 9796 | + | incurred during the pendency of the appeal. 127 |
|---|
| 9797 | + | 6. Any authorized officer, employee or 128 |
|---|
| 9798 | + | agent of the department, or any person under 129 |
|---|
| 9799 | + | order or contract with the department, may enter 130 |
|---|
| 9800 | + | onto any property or premises, at reasonable 131 |
|---|
| 9801 | + | times and with reasonable advance notice to the 132 |
|---|
| 9802 | + | operator, to take corrective action where the 133 |
|---|
| 9803 | + | director determines that such action is 134 SB 757 261 |
|---|
| 9804 | + | necessary to protect the public health or 135 |
|---|
| 9805 | + | environment. If consent is not granted by the 136 |
|---|
| 9806 | + | operator regarding any request made by any 137 |
|---|
| 9807 | + | officer, employee or agent of the department, or 138 |
|---|
| 9808 | + | any person under order or cont ract with the 139 |
|---|
| 9809 | + | department, under the provisions of this 140 |
|---|
| 9810 | + | section, the director may issue an order 141 |
|---|
| 9811 | + | directing compliance with the request. The 142 |
|---|
| 9812 | + | order may be issued after such notice and 143 |
|---|
| 9813 | + | opportunity for consultation as is reasonably 144 |
|---|
| 9814 | + | appropriate under the circumstances. 145 |
|---|
| 9815 | + | 7. Notwithstanding any other provision of 146 |
|---|
| 9816 | + | sections 260.900 to 260.960, in the discretion 147 |
|---|
| 9817 | + | of the director, an operator may be responsible 148 |
|---|
| 9818 | + | for up to one hundred percent of the costs of 149 |
|---|
| 9819 | + | corrective action attributable to such operator 150 |
|---|
| 9820 | + | if the director finds, after notice and an 151 |
|---|
| 9821 | + | opportunity for a hearing in accordance with 152 |
|---|
| 9822 | + | chapter 536 that: 153 |
|---|
| 9823 | + | (1) Requiring the operator to bear such 154 |
|---|
| 9824 | + | responsibility will not prejudice another owner, 155 |
|---|
| 9825 | + | operator or person who is eligible, pursuant to 156 |
|---|
| 9826 | + | the provisions of sections 260.900 to 260.960, 157 |
|---|
| 9827 | + | to have corrective action costs paid by the 158 |
|---|
| 9828 | + | fund; and 159 |
|---|
| 9829 | + | (2) The operator: 160 |
|---|
| 9830 | + | (a) Caused a release in excess of a 161 |
|---|
| 9831 | + | reportable quantity by willful or wanton actions 162 |
|---|
| 9832 | + | and such release was caused by operat ing 163 |
|---|
| 9833 | + | practices in violation of existing laws and 164 |
|---|
| 9834 | + | regulations at the time of the release; or 165 |
|---|
| 9835 | + | (b) Is in arrears for moneys owed pursuant 166 |
|---|
| 9836 | + | to sections 260.900 to 260.960, after notice and 167 |
|---|
| 9837 | + | an opportunity to correct the arrearage; or 168 |
|---|
| 9838 | + | (c) Materially obstructs the efforts of 169 |
|---|
| 9839 | + | the department to carry out its obligations 170 |
|---|
| 9840 | + | pursuant to sections 260.900 to 260.960; except 171 |
|---|
| 9841 | + | that, the exercise of legal rights shall not 172 |
|---|
| 9842 | + | constitute a substantial obstruction; or 173 |
|---|
| 9843 | + | (d) Caused or allowed a release in excess 174 |
|---|
| 9844 | + | of a reportable quantity because of a willful 175 |
|---|
| 9845 | + | material violation of sections 260.900 to 176 |
|---|
| 9846 | + | 260.960 or the rules and regulations adopted by 177 SB 757 262 |
|---|
| 9847 | + | the commission pursuant to sections 260.900 to 178 |
|---|
| 9848 | + | 260.960. 179 |
|---|
| 9849 | + | 8. For purposes of subsection 7 of this 180 |
|---|
| 9850 | + | section, unless a transfer is made to take 181 |
|---|
| 9851 | + | advantage of the provisions of subsection 7 of 182 |
|---|
| 9852 | + | this section, purchasers of stock or other 183 |
|---|
| 9853 | + | indicia of ownership and other successors in 184 |
|---|
| 9854 | + | interest shall not be considered to be the same 185 |
|---|
| 9855 | + | owner or operator as the seller or t ransferor of 186 |
|---|
| 9856 | + | such stock or indicia of ownership even though 187 |
|---|
| 9857 | + | there may be no change in the legal identity of 188 |
|---|
| 9858 | + | the owner or operator. To the extent that an 189 |
|---|
| 9859 | + | owner or operator is responsible for corrective 190 |
|---|
| 9860 | + | action costs pursuant to subsection 7 of this 191 |
|---|
| 9861 | + | section, such owner or operator shall not be 192 |
|---|
| 9862 | + | entitled to the exemption provided in subsection 193 |
|---|
| 9863 | + | 5 of section 260.930. 194 |
|---|
| 9864 | + | 9. The fund shall not be liable for the 195 |
|---|
| 9865 | + | payment of costs in excess of one million 196 |
|---|
| 9866 | + | dollars at any one contaminated dry -cleaning 197 |
|---|
| 9867 | + | site. Additionally, the fund shall not be 198 |
|---|
| 9868 | + | liable for the payment of costs for any one site 199 |
|---|
| 9869 | + | in excess of twenty-five percent of the total 200 |
|---|
| 9870 | + | moneys in the fund during any fiscal year. For 201 |
|---|
| 9871 | + | purposes of this subsection, "contaminated dry - 202 |
|---|
| 9872 | + | cleaning site" means t he areal extent of soil or 203 |
|---|
| 9873 | + | ground water contaminated with dry -cleaning 204 |
|---|
| 9874 | + | solvents. 205 |
|---|
| 9875 | + | 10. The owner or operator of an active dry - 206 |
|---|
| 9876 | + | cleaning facility shall be liable for the first 207 |
|---|
| 9877 | + | twenty-five thousand dollars of corrective 208 |
|---|
| 9878 | + | action costs incurred because of a release from 209 |
|---|
| 9879 | + | an active dry-cleaning facility. The owner of 210 |
|---|
| 9880 | + | an abandoned dry-cleaning facility shall be 211 |
|---|
| 9881 | + | liable for the first twenty -five thousand 212 |
|---|
| 9882 | + | dollars of corrective action costs incurred 213 |
|---|
| 9883 | + | because of a release from an abandoned dry - 214 |
|---|
| 9884 | + | cleaning facility. Nothing in this subsection 215 |
|---|
| 9885 | + | shall be construed to prohibit the department 216 |
|---|
| 9886 | + | from taking corrective action because the 217 |
|---|
| 9887 | + | department cannot obtain the deductible. ] 218 |
|---|
| 9888 | + | [260.930. 1. Neither the state of 1 |
|---|
| 9889 | + | Missouri, the fund, the commissi on, the director 2 SB 757 263 |
|---|
| 9890 | + | nor the department or agent or employees thereof 3 |
|---|
| 9891 | + | shall be liable for loss of business, damages or 4 |
|---|
| 9892 | + | taking of property associated with any 5 |
|---|
| 9893 | + | corrective action taken pursuant to sections 6 |
|---|
| 9894 | + | 260.900 to 260.960. 7 |
|---|
| 9895 | + | 2. Nothing in sections 260 .900 to 260.960 8 |
|---|
| 9896 | + | shall establish or create any liability or 9 |
|---|
| 9897 | + | responsibility on the part of the commission, 10 |
|---|
| 9898 | + | the director, the department or the state of 11 |
|---|
| 9899 | + | Missouri, or agents or employees thereof, to pay 12 |
|---|
| 9900 | + | any corrective action costs from any source 13 |
|---|
| 9901 | + | other than the fund or to take corrective action 14 |
|---|
| 9902 | + | if the moneys in the fund are insufficient to do 15 |
|---|
| 9903 | + | so. 16 |
|---|
| 9904 | + | 3. Nothing in sections 260.900 to 260.960 17 |
|---|
| 9905 | + | shall be construed to abrogate or limit any 18 |
|---|
| 9906 | + | right, remedy, causes of action, or claim by any 19 |
|---|
| 9907 | + | person sustaining personal injury or property 20 |
|---|
| 9908 | + | damage as a result of any release from a dry - 21 |
|---|
| 9909 | + | cleaning facility, nor shall anything in 22 |
|---|
| 9910 | + | sections 260.900 to 260.960 be construed to 23 |
|---|
| 9911 | + | abrogate or limit any liability of any person in 24 |
|---|
| 9912 | + | any way responsible for any release from a dry- 25 |
|---|
| 9913 | + | cleaning facility or any damages for personal 26 |
|---|
| 9914 | + | injury or property damages caused by such a 27 |
|---|
| 9915 | + | release. 28 |
|---|
| 9916 | + | 4. Moneys in the fund shall not be used 29 |
|---|
| 9917 | + | for compensating third parties for bodily injury 30 |
|---|
| 9918 | + | or property damage caused by a release from a 31 |
|---|
| 9919 | + | dry-cleaning facility, other than property 32 |
|---|
| 9920 | + | damage included in the corrective action plan 33 |
|---|
| 9921 | + | approved by the director. 34 |
|---|
| 9922 | + | 5. To the extent that an operator, owner 35 |
|---|
| 9923 | + | or other person is eligible pursuant to the 36 |
|---|
| 9924 | + | provisions of sections 260.900 to 260.960 to 37 |
|---|
| 9925 | + | have corrective action costs paid by the fund, 38 |
|---|
| 9926 | + | no administrative or judicial claim may be made 39 |
|---|
| 9927 | + | under state law against any such operator, owner 40 |
|---|
| 9928 | + | or other person by or on behalf of a state or 41 |
|---|
| 9929 | + | local government or by any person to either 42 |
|---|
| 9930 | + | compel corrective act ion at the dry-cleaning 43 |
|---|
| 9931 | + | facility site or seek recovery of the costs of 44 |
|---|
| 9932 | + | corrective action at the dry -cleaning facility 45 |
|---|
| 9933 | + | which result from the release of dry -cleaning 46 SB 757 264 |
|---|
| 9934 | + | solvents from that dry -cleaning facility or to 47 |
|---|
| 9935 | + | compel corrective action or seek recover y of the 48 |
|---|
| 9936 | + | costs of corrective action which result from the 49 |
|---|
| 9937 | + | release of dry-cleaning solvents from a dry - 50 |
|---|
| 9938 | + | cleaning facility. The provisions of this 51 |
|---|
| 9939 | + | subsection shall apply to any dry -cleaning 52 |
|---|
| 9940 | + | facility or dry-cleaning facility site which has 53 |
|---|
| 9941 | + | been included in a corrective action plan 54 |
|---|
| 9942 | + | approved by the director. The director shall 55 |
|---|
| 9943 | + | only approve a corrective action plan after 56 |
|---|
| 9944 | + | making a determination that a sufficient balance 57 |
|---|
| 9945 | + | in the fund exists to implement the plan. No 58 |
|---|
| 9946 | + | administrative or judicial claim may be made 59 |
|---|
| 9947 | + | unless the director has rejected the corrective 60 |
|---|
| 9948 | + | action plan submitted pursuant to section 61 |
|---|
| 9949 | + | 260.925.] 62 |
|---|
| 9950 | + | [260.935. 1. Every active dry-cleaning 1 |
|---|
| 9951 | + | facility shall pay, in addition to any other 2 |
|---|
| 9952 | + | environmental response surcharges, an annual dry- 3 |
|---|
| 9953 | + | cleaning facility registration surcharge as 4 |
|---|
| 9954 | + | follows: 5 |
|---|
| 9955 | + | (1) Five hundred dollars for facilities 6 |
|---|
| 9956 | + | which use no more than one hundred forty gallons 7 |
|---|
| 9957 | + | of chlorinated solvents; 8 |
|---|
| 9958 | + | (2) One thousand dollars for facilities 9 |
|---|
| 9959 | + | which use more than o ne hundred forty gallons of 10 |
|---|
| 9960 | + | chlorinated solvents and less than three hundred 11 |
|---|
| 9961 | + | sixty gallons of chlorinated solvents per year; 12 |
|---|
| 9962 | + | and 13 |
|---|
| 9963 | + | (3) Fifteen hundred dollars for facilities 14 |
|---|
| 9964 | + | which use at least three hundred sixty gallons 15 |
|---|
| 9965 | + | of chlorinated solvents pe r year. 16 |
|---|
| 9966 | + | 2. The active dry-cleaning facility 17 |
|---|
| 9967 | + | registration surcharge imposed by this section 18 |
|---|
| 9968 | + | shall be reported and paid to the department on 19 |
|---|
| 9969 | + | an annual basis. The commission shall prescribe 20 |
|---|
| 9970 | + | by administrative rule the procedure for the 21 |
|---|
| 9971 | + | report and payment required by this section. 22 |
|---|
| 9972 | + | 3. The department shall provide each 23 |
|---|
| 9973 | + | person who pays a dry -cleaning facility 24 |
|---|
| 9974 | + | registration surcharge pursuant to this section 25 |
|---|
| 9975 | + | with a receipt. The receipt or the copy of the 26 |
|---|
| 9976 | + | receipt shall be produced for inspection at the 27 SB 757 265 |
|---|
| 9977 | + | request of any authorized representative of the 28 |
|---|
| 9978 | + | department. 29 |
|---|
| 9979 | + | 4. All moneys collected or received by the 30 |
|---|
| 9980 | + | department pursuant to this section shall be 31 |
|---|
| 9981 | + | transmitted to the department of revenue for 32 |
|---|
| 9982 | + | deposit in the state treasury to the credit of 33 |
|---|
| 9983 | + | the dry-cleaning environmental response trust 34 |
|---|
| 9984 | + | fund created in section 260.920. Following each 35 |
|---|
| 9985 | + | annual reporting date, the state treasurer shall 36 |
|---|
| 9986 | + | certify the amount deposited in the fund to the 37 |
|---|
| 9987 | + | department. 38 |
|---|
| 9988 | + | 5. If any person does not pay the acti ve 39 |
|---|
| 9989 | + | dry-cleaning facility registration surcharge or 40 |
|---|
| 9990 | + | any portion of the active dry -cleaning facility 41 |
|---|
| 9991 | + | registration surcharge imposed by this section 42 |
|---|
| 9992 | + | by the date prescribed for such payment, the 43 |
|---|
| 9993 | + | department shall impose and such person shall 44 |
|---|
| 9994 | + | pay, in addition to the active dry -cleaning 45 |
|---|
| 9995 | + | facility registration surcharge owed by such 46 |
|---|
| 9996 | + | person, a penalty of fifteen percent of the 47 |
|---|
| 9997 | + | active dry-cleaning facility registration 48 |
|---|
| 9998 | + | surcharge. Such penalty shall be deposited in 49 |
|---|
| 9999 | + | the dry-cleaning environmental response tr ust 50 |
|---|
| 10000 | + | fund. 51 |
|---|
| 10001 | + | 6. If any person does not pay the active 52 |
|---|
| 10002 | + | dry-cleaning facility registration surcharge or 53 |
|---|
| 10003 | + | any portion of the active dry -cleaning facility 54 |
|---|
| 10004 | + | registration surcharge imposed by this section 55 |
|---|
| 10005 | + | by the date prescribed for such payment, the 56 |
|---|
| 10006 | + | department shall also impose interest upon the 57 |
|---|
| 10007 | + | unpaid amount at the rate of ten percent per 58 |
|---|
| 10008 | + | annum from the date prescribed for the payment 59 |
|---|
| 10009 | + | of such surcharge and penalties until payment is 60 |
|---|
| 10010 | + | actually made. Such interest shall be deposited 61 |
|---|
| 10011 | + | in the dry-cleaning environmental response trust 62 |
|---|
| 10012 | + | fund.] 63 |
|---|
| 10013 | + | [260.940. 1. Every seller or provider of 1 |
|---|
| 10014 | + | dry-cleaning solvent for use in this state shall 2 |
|---|
| 10015 | + | pay, in addition to any other environmental 3 |
|---|
| 10016 | + | response surcharges, a dry -cleaning solvent 4 |
|---|
| 10017 | + | surcharge on the sale or provision of dry - 5 |
|---|
| 10018 | + | cleaning solvent. 6 SB 757 266 |
|---|
| 10019 | + | 2. The amount of the dry -cleaning solvent 7 |
|---|
| 10020 | + | surcharge imposed by this section on each gallon 8 |
|---|
| 10021 | + | of dry-cleaning solvent shall be an amount equal 9 |
|---|
| 10022 | + | to the product of the solvent factor for the dry - 10 |
|---|
| 10023 | + | cleaning solvent and the rate of eight dollars 11 |
|---|
| 10024 | + | per gallon. 12 |
|---|
| 10025 | + | 3. The solvent factor for each dry - 13 |
|---|
| 10026 | + | cleaning solvent is as follows: 14 |
|---|
| 10027 | + | (1) For perchloroethylene, the solvent 15 |
|---|
| 10028 | + | factor is 1.00; 16 |
|---|
| 10029 | + | (2) For 1,1,1-trichloroethane, the solvent 17 |
|---|
| 10030 | + | factor is 1.00; and 18 |
|---|
| 10031 | + | (3) For other chlorinated dry -cleaning 19 |
|---|
| 10032 | + | solvents, the solvent factor is 1.00. 20 |
|---|
| 10033 | + | 4. In the case of a fraction of a gallon, 21 |
|---|
| 10034 | + | the dry-cleaning solvent surcharge imposed by 22 |
|---|
| 10035 | + | this section shall be the same fraction of the 23 |
|---|
| 10036 | + | fee imposed on a whole gallon . 24 |
|---|
| 10037 | + | 5. The dry-cleaning solvent surcharge 25 |
|---|
| 10038 | + | required in this section shall be paid to the 26 |
|---|
| 10039 | + | department by the seller or provider of the dry - 27 |
|---|
| 10040 | + | cleaning solvent, regardless of the location of 28 |
|---|
| 10041 | + | such seller or provider. 29 |
|---|
| 10042 | + | 6. The dry-cleaning solvent surch arge 30 |
|---|
| 10043 | + | required in this section shall be paid by the 31 |
|---|
| 10044 | + | seller or provider on a quarterly basis and 32 |
|---|
| 10045 | + | shall be paid to the department for the previous 33 |
|---|
| 10046 | + | quarter. The commission shall prescribe by 34 |
|---|
| 10047 | + | administrative rule the procedure for the 35 |
|---|
| 10048 | + | payment required by this section. 36 |
|---|
| 10049 | + | 7. The department shall provide each 37 |
|---|
| 10050 | + | person who pays a dry -cleaning solvent surcharge 38 |
|---|
| 10051 | + | pursuant to this section with a receipt. The 39 |
|---|
| 10052 | + | receipt or the copy of the receipt shall be 40 |
|---|
| 10053 | + | produced for inspection at the request of any 41 |
|---|
| 10054 | + | authorized representative of the department. 42 |
|---|
| 10055 | + | 8. All moneys collected or received by the 43 |
|---|
| 10056 | + | department pursuant to this section shall be 44 |
|---|
| 10057 | + | transmitted to the department of revenue for 45 |
|---|
| 10058 | + | deposit in the state treasury to the credit of 46 |
|---|
| 10059 | + | the dry-cleaning environmental response trust 47 |
|---|
| 10060 | + | fund created in section 260.920. Following each 48 |
|---|
| 10061 | + | annual or quarterly reporting date, the state 49 SB 757 267 |
|---|
| 10062 | + | treasurer shall certify the amount deposited to 50 |
|---|
| 10063 | + | the department. 51 |
|---|
| 10064 | + | 9. If any seller or provider of dry - 52 |
|---|
| 10065 | + | cleaning solvent fails or refuses to pay the dry- 53 |
|---|
| 10066 | + | cleaning solvent surcharge imposed by this 54 |
|---|
| 10067 | + | section, the department shall impose and such 55 |
|---|
| 10068 | + | seller or provider shall pay, in addition to the 56 |
|---|
| 10069 | + | dry-cleaning solvent surcharge owed by the 57 |
|---|
| 10070 | + | seller or provider, a penalty of fifteen percent 58 |
|---|
| 10071 | + | of the dry-cleaning solvent surcharge. Such 59 |
|---|
| 10072 | + | penalty shall be deposited in the dry -cleaning 60 |
|---|
| 10073 | + | environmental response trust fund. 61 |
|---|
| 10074 | + | 10. If any person does not pay the dry - 62 |
|---|
| 10075 | + | cleaning solvent surcharge or any portion of the 63 |
|---|
| 10076 | + | dry-cleaning solvent surcharge impos ed by this 64 |
|---|
| 10077 | + | section by the date prescribed for such payment, 65 |
|---|
| 10078 | + | the department shall impose and such person 66 |
|---|
| 10079 | + | shall pay interest upon the unpaid amount at the 67 |
|---|
| 10080 | + | rate of ten percent per annum from the date 68 |
|---|
| 10081 | + | prescribed for the payment of such surcharge and 69 |
|---|
| 10082 | + | penalties until payment is actually made. Such 70 |
|---|
| 10083 | + | interest shall be deposited in the dry -cleaning 71 |
|---|
| 10084 | + | environmental response trust fund. 72 |
|---|
| 10085 | + | 11. An operator of a dry -cleaning facility 73 |
|---|
| 10086 | + | shall not purchase or obtain solvent from a 74 |
|---|
| 10087 | + | seller or provider who does not pay the dry- 75 |
|---|
| 10088 | + | cleaning solvent charge, as provided in this 76 |
|---|
| 10089 | + | section. Any operator of a dry -cleaning 77 |
|---|
| 10090 | + | facility who fails to obey the provisions of 78 |
|---|
| 10091 | + | this section shall be required to pay the dry - 79 |
|---|
| 10092 | + | cleaning solvent surcharge as provided in 80 |
|---|
| 10093 | + | subsections 2, 3 and 4 of this section for any 81 |
|---|
| 10094 | + | dry-cleaning solvent purchased or obtained from 82 |
|---|
| 10095 | + | a seller or provider who fails to pay the proper 83 |
|---|
| 10096 | + | dry-cleaning solvent surcharge as determined by 84 |
|---|
| 10097 | + | the department. Any operator of a dry -cleaning 85 |
|---|
| 10098 | + | facility who fails to follow t he provisions of 86 |
|---|
| 10099 | + | this subsection shall also be charged a penalty 87 |
|---|
| 10100 | + | of fifteen percent of the dry -cleaning solvent 88 |
|---|
| 10101 | + | surcharge owed. Any operator of a dry -cleaning 89 |
|---|
| 10102 | + | facility who fails to obey the provisions of 90 |
|---|
| 10103 | + | this subsection shall also be subject to the 91 |
|---|
| 10104 | + | interest provisions of subsection 10 of this 92 |
|---|
| 10105 | + | section. If a seller or provider of dry - 93 SB 757 268 |
|---|
| 10106 | + | cleaning solvent charges the operator of a dry - 94 |
|---|
| 10107 | + | cleaning facility the dry -cleaning solvent 95 |
|---|
| 10108 | + | surcharge provided for in this section when the 96 |
|---|
| 10109 | + | solvent is purchased or obt ained by the operator 97 |
|---|
| 10110 | + | and the operator can prove that the operator 98 |
|---|
| 10111 | + | made full payment of the surcharge to the seller 99 |
|---|
| 10112 | + | or provider but the seller or provider fails to 100 |
|---|
| 10113 | + | pay the surcharge to the department as required 101 |
|---|
| 10114 | + | by this section, then the operator shal l not be 102 |
|---|
| 10115 | + | liable pursuant to this subsection for interest, 103 |
|---|
| 10116 | + | penalties or the seller's or provider's unpaid 104 |
|---|
| 10117 | + | surcharge. Such surcharges, penalties and 105 |
|---|
| 10118 | + | interest shall be collected by the department, 106 |
|---|
| 10119 | + | and all moneys collected pursuant to this 107 |
|---|
| 10120 | + | subsection shall be deposited in the dry - 108 |
|---|
| 10121 | + | cleaning environmental response trust fund. ] 109 |
|---|
| 10122 | + | [260.945. 1. If the unobligated principal 1 |
|---|
| 10123 | + | of the fund equals or exceeds five million 2 |
|---|
| 10124 | + | dollars on April first of any year, the active 3 |
|---|
| 10125 | + | dry-cleaning facility regi stration surcharge 4 |
|---|
| 10126 | + | imposed by section 260.935 and the dry -cleaning 5 |
|---|
| 10127 | + | solvent surcharge imposed by section 260.940 6 |
|---|
| 10128 | + | shall not be collected on or after the next July 7 |
|---|
| 10129 | + | first until such time as on April first of any 8 |
|---|
| 10130 | + | year thereafter the unobligated principal 9 |
|---|
| 10131 | + | balance of the fund equals two million dollars 10 |
|---|
| 10132 | + | or less, then the active dry -cleaning facility 11 |
|---|
| 10133 | + | registration surcharge imposed by section 12 |
|---|
| 10134 | + | 260.935 and the dry-cleaning solvent surcharge 13 |
|---|
| 10135 | + | imposed by section 260.940 shall again be 14 |
|---|
| 10136 | + | collected on and after the next July first. 15 |
|---|
| 10137 | + | 2. Not later than April fifth of each 16 |
|---|
| 10138 | + | year, the state treasurer shall notify the 17 |
|---|
| 10139 | + | department of the amount of the unobligated 18 |
|---|
| 10140 | + | balance of the fund on April first of such 19 |
|---|
| 10141 | + | year. Upon receipt of the notice, the 20 |
|---|
| 10142 | + | department shall not ify the public if the active 21 |
|---|
| 10143 | + | dry-cleaning facility registration surcharge 22 |
|---|
| 10144 | + | imposed by section 260.935 and the dry -cleaning 23 |
|---|
| 10145 | + | solvent surcharge imposed by section 260.940 24 |
|---|
| 10146 | + | will terminate or be payable on the following 25 |
|---|
| 10147 | + | July first. 26 SB 757 269 |
|---|
| 10148 | + | 3. Moneys in the fund shall not be 27 |
|---|
| 10149 | + | expended pursuant to sections 260.900 to 260.960 28 |
|---|
| 10150 | + | prior to July 1, 2002. ] 29 |
|---|
| 10151 | + | [260.950. 1. All final orders and 1 |
|---|
| 10152 | + | determinations of the commission or the 2 |
|---|
| 10153 | + | department made pursuant to the provisions of 3 |
|---|
| 10154 | + | sections 260.900 to 26 0.960 are subject to 4 |
|---|
| 10155 | + | judicial review pursuant to the provisions of 5 |
|---|
| 10156 | + | chapter 536. All final orders and 6 |
|---|
| 10157 | + | determinations shall be deemed administrative 7 |
|---|
| 10158 | + | decisions as that term is defined in chapter 8 |
|---|
| 10159 | + | 536; provided that, no judicial review shall be 9 |
|---|
| 10160 | + | available, unless all administrative remedies 10 |
|---|
| 10161 | + | are exhausted. 11 |
|---|
| 10162 | + | 2. In any suit filed pursuant to section 12 |
|---|
| 10163 | + | 536.050 concerning the validity of the 13 |
|---|
| 10164 | + | commission's or department's standards, rules or 14 |
|---|
| 10165 | + | regulations, the court shall review the record 15 |
|---|
| 10166 | + | made before the commission or department to 16 |
|---|
| 10167 | + | determine the validity and such reasonableness 17 |
|---|
| 10168 | + | of such standards, rules or regulations and may 18 |
|---|
| 10169 | + | hear such additional evidence as it deems 19 |
|---|
| 10170 | + | necessary.] 20 |
|---|
| 10171 | + | [260.955. The department shall annually 1 |
|---|
| 10172 | + | transmit a report to the general assembly and 2 |
|---|
| 10173 | + | the governor regarding: 3 |
|---|
| 10174 | + | (1) Receipts of the fund during the 4 |
|---|
| 10175 | + | preceding calendar year and the sources of the 5 |
|---|
| 10176 | + | receipts; 6 |
|---|
| 10177 | + | (2) Disbursements from the fund during the 7 |
|---|
| 10178 | + | preceding calendar year and the purposes of the 8 |
|---|
| 10179 | + | disbursements; 9 |
|---|
| 10180 | + | (3) The extent of corrective action taken 10 |
|---|
| 10181 | + | pursuant to sections 260.900 to 260.960 during 11 |
|---|
| 10182 | + | the preceding calendar year; and 12 |
|---|
| 10183 | + | (4) The prioritization of sites for 13 |
|---|
| 10184 | + | expenditures from the fund. ] 14 |
|---|
| 10185 | + | [260.960. Any rule or portion of a rule, 1 |
|---|
| 10186 | + | as that term is defined in section 536.010, that 2 |
|---|
| 10187 | + | is created under the authority delegated in this 3 |
|---|
| 10188 | + | section shall become effective only if it 4 |
|---|
| 10189 | + | complies with and is subject to all of the 5 SB 757 270 |
|---|
| 10190 | + | provisions of chapter 536 and, if applicable, 6 |
|---|
| 10191 | + | section 536.028. This section and chapter 536 7 |
|---|
| 10192 | + | are nonseverable and if any of the powers vested 8 |
|---|
| 10193 | + | with the general assembly pursuant to chapter 9 |
|---|
| 10194 | + | 536 to review, to delay the effective date or to 10 |
|---|
| 10195 | + | disapprove and annul a rule are subsequently 11 |
|---|
| 10196 | + | held unconstitutional, then the grant of 12 |
|---|
| 10197 | + | rulemaking authority and any rule proposed or 13 |
|---|
| 10198 | + | adopted after the effective date of this act 14 |
|---|
| 10199 | + | shall be invalid and void. ] 15 |
|---|
| 10200 | + | [260.965. The provisions of sections 1 |
|---|
| 10201 | + | 260.900 to 260.965 shall expire August 28, 2017. ] 2 |
|---|
| 10202 | + | [301.213. 1. Notwithstanding the 1 |
|---|
| 10203 | + | provisions of sections 301.200 and 301.210, any 2 |
|---|
| 10204 | + | person licensed as a motor vehicle dealer under 3 |
|---|
| 10205 | + | sections 301.550 to 301.580 that has provided to 4 |
|---|
| 10206 | + | the director of revenue a surety bond or 5 |
|---|
| 10207 | + | irrevocable letter of credit in an amount not 6 |
|---|
| 10208 | + | less than one hundred thousand dollars in a form 7 |
|---|
| 10209 | + | which complies with the requirements of section 8 |
|---|
| 10210 | + | 301.560 and in lieu of the fifty thousand dollar 9 |
|---|
| 10211 | + | bond otherwise required for licensure as a motor 10 |
|---|
| 10212 | + | vehicle dealer shall be authorized to purchase 11 |
|---|
| 10213 | + | or accept in trade any motor vehicle for which 12 |
|---|
| 10214 | + | there has been issued a certificate of 13 |
|---|
| 10215 | + | ownership, and to receive such vehicle subject 14 |
|---|
| 10216 | + | to any existing liens thereon created and 15 |
|---|
| 10217 | + | perfected under sections 301.600 to 301.660 16 |
|---|
| 10218 | + | provided the licensed dealer receives the 17 |
|---|
| 10219 | + | following: 18 |
|---|
| 10220 | + | (1) A signed written contract between the 19 |
|---|
| 10221 | + | licensed dealer and the owner of the vehicle 20 |
|---|
| 10222 | + | outlining the terms of the sale or acceptance in 21 |
|---|
| 10223 | + | trade of such motor vehicle without transfer of 22 |
|---|
| 10224 | + | the certificate of ownership; and 23 |
|---|
| 10225 | + | (2) Physical delivery of the vehicle to 24 |
|---|
| 10226 | + | the licensed dealer; and 25 |
|---|
| 10227 | + | (3) A power of attorney from the owner to 26 |
|---|
| 10228 | + | the licensed dealer, in accordance with 27 |
|---|
| 10229 | + | subsection 4 of section 301.300, authorizing the 28 |
|---|
| 10230 | + | licensed dealer to obt ain a duplicate or 29 |
|---|
| 10231 | + | replacement title in the owner's name and sign 30 |
|---|
| 10232 | + | any title assignments on the owner's behalf. 31 SB 757 271 |
|---|
| 10233 | + | 2. If the dealer complies with the 32 |
|---|
| 10234 | + | requirements of subsection 1 of this section, 33 |
|---|
| 10235 | + | the sale or trade of the vehicle to the dealer 34 |
|---|
| 10236 | + | shall be considered final, subject to any 35 |
|---|
| 10237 | + | existing liens created and perfected under 36 |
|---|
| 10238 | + | sections 301.600 to 301.660. Once the prior 37 |
|---|
| 10239 | + | owner of the motor vehicle has physically 38 |
|---|
| 10240 | + | delivered the motor vehicle to the licensed 39 |
|---|
| 10241 | + | dealer, the prior owners' insurable inter est in 40 |
|---|
| 10242 | + | such vehicle shall cease to exist. 41 |
|---|
| 10243 | + | 3. If a licensed dealer complies with the 42 |
|---|
| 10244 | + | requirements of subsection 1 of this section, 43 |
|---|
| 10245 | + | and such dealer has provided to the director of 44 |
|---|
| 10246 | + | revenue a surety bond or irrevocable letter of 45 |
|---|
| 10247 | + | credit in amount not less than one hundred 46 |
|---|
| 10248 | + | thousand dollars in a form which complies with 47 |
|---|
| 10249 | + | the requirements of section 301.560 and in lieu 48 |
|---|
| 10250 | + | of the fifty thousand dollar bond otherwise 49 |
|---|
| 10251 | + | required for licensure as a motor vehicle 50 |
|---|
| 10252 | + | dealer, such dealer may sell such vehicle prior 51 |
|---|
| 10253 | + | to receiving and assigning to the purchaser the 52 |
|---|
| 10254 | + | certificate of ownership, provided such dealer 53 |
|---|
| 10255 | + | complies with the following: 54 |
|---|
| 10256 | + | (1) All outstanding liens created on the 55 |
|---|
| 10257 | + | vehicle pursuant to sections 301.600 to 301.660 56 |
|---|
| 10258 | + | have been paid in full, and the dealer provides 57 |
|---|
| 10259 | + | a copy of proof or other evidence to the 58 |
|---|
| 10260 | + | purchaser; and 59 |
|---|
| 10261 | + | (2) The dealer has obtained proof or other 60 |
|---|
| 10262 | + | evidence from the department of revenue 61 |
|---|
| 10263 | + | confirming that no outstanding child support 62 |
|---|
| 10264 | + | liens exist upon the vehicle at the time of sale 63 |
|---|
| 10265 | + | and provides a copy of said proof or other 64 |
|---|
| 10266 | + | evidence to the purchaser; and 65 |
|---|
| 10267 | + | (3) The dealer has obtained proof or other 66 |
|---|
| 10268 | + | evidence from the department of revenue 67 |
|---|
| 10269 | + | confirming that all applicable state sales tax 68 |
|---|
| 10270 | + | has been satisfied on the sale of th e vehicle to 69 |
|---|
| 10271 | + | the previous owner and provides a copy of said 70 |
|---|
| 10272 | + | proof or other evidence to the purchaser; and 71 |
|---|
| 10273 | + | (4) The dealer has signed an application 72 |
|---|
| 10274 | + | for duplicate or replacement title for the 73 |
|---|
| 10275 | + | vehicle under subsection 4 of section 301.300 74 |
|---|
| 10276 | + | and provides a copy of the application to the 75 SB 757 272 |
|---|
| 10277 | + | purchaser, along with a copy of the power of 76 |
|---|
| 10278 | + | attorney required by subsection 1 of this 77 |
|---|
| 10279 | + | section, and the dealer has prepared and 78 |
|---|
| 10280 | + | delivered to the purchaser an application for 79 |
|---|
| 10281 | + | title for the vehicle in the purchaser's name; 80 |
|---|
| 10282 | + | and 81 |
|---|
| 10283 | + | (5) The dealer and the purchaser have 82 |
|---|
| 10284 | + | entered into a written agreement for the 83 |
|---|
| 10285 | + | subsequent assignment and delivery of such 84 |
|---|
| 10286 | + | certificate of ownership, on a form prescribed 85 |
|---|
| 10287 | + | by the director of revenue, to take place at a 86 |
|---|
| 10288 | + | time, not to exceed sixty calendar days, after 87 |
|---|
| 10289 | + | the time of delivery of the motor vehicle to the 88 |
|---|
| 10290 | + | purchaser. Such agreement shall require the 89 |
|---|
| 10291 | + | purchaser to provide to the dealer proof of 90 |
|---|
| 10292 | + | financial responsibility in accordance with 91 |
|---|
| 10293 | + | chapter 303 and proof of comprehensive and 92 |
|---|
| 10294 | + | collision coverage on the motor vehicle. Such 93 |
|---|
| 10295 | + | dealer shall maintain the original or an 94 |
|---|
| 10296 | + | electronic copy of the signed agreement and 95 |
|---|
| 10297 | + | deliver a copy of the signed agreement to the 96 |
|---|
| 10298 | + | purchaser. Such dealer shall also complete and 97 |
|---|
| 10299 | + | deliver to the direc tor of revenue such form as 98 |
|---|
| 10300 | + | the director shall prescribe demonstrating that 99 |
|---|
| 10301 | + | the purchaser has purchased the vehicle without 100 |
|---|
| 10302 | + | contemporaneous delivery of the title. 101 |
|---|
| 10303 | + | Notwithstanding any provision of law to the 102 |
|---|
| 10304 | + | contrary, completion of the requirements of t his 103 |
|---|
| 10305 | + | subsection shall constitute prima facie evidence 104 |
|---|
| 10306 | + | of an ownership interest vested in the purchaser 105 |
|---|
| 10307 | + | of the vehicle for all purposes other than for a 106 |
|---|
| 10308 | + | subsequent transfer of ownership of the vehicle 107 |
|---|
| 10309 | + | by the purchaser, subject to the rights of any 108 |
|---|
| 10310 | + | secured lienholder of record; however, the 109 |
|---|
| 10311 | + | purchaser may use the dealer -supplied copy of 110 |
|---|
| 10312 | + | the agreement to transfer his or her ownership 111 |
|---|
| 10313 | + | of the vehicle to an insurance company in 112 |
|---|
| 10314 | + | situations where the vehicle has been declared 113 |
|---|
| 10315 | + | salvage or a total loss by the insurance company 114 |
|---|
| 10316 | + | as a result of a settlement of a claim. Such 115 |
|---|
| 10317 | + | insurance company may apply for a salvage 116 |
|---|
| 10318 | + | certificate of title or junking certificate 117 |
|---|
| 10319 | + | pursuant to the provisions of subsection 3 of 118 |
|---|
| 10320 | + | section 301.193 in order to transfer its 119 SB 757 273 |
|---|
| 10321 | + | interest in such vehicle. The purchaser may 120 |
|---|
| 10322 | + | also use the dealer-supplied copy of the 121 |
|---|
| 10323 | + | agreement on the form prescribed by the director 122 |
|---|
| 10324 | + | of revenue as proof of ownership interest. Any 123 |
|---|
| 10325 | + | lender or insurance company may rely upon a copy 124 |
|---|
| 10326 | + | of the signed written agreement on the form 125 |
|---|
| 10327 | + | prescribed by the director of revenue as proof 126 |
|---|
| 10328 | + | of ownership interest. Any lien placed upon a 127 |
|---|
| 10329 | + | vehicle based upon such signed written agreement 128 |
|---|
| 10330 | + | shall be valid and enforceable, notwithstanding 129 |
|---|
| 10331 | + | the absence of a certificate of ownership. 130 |
|---|
| 10332 | + | 4. Following a sale or other transaction 131 |
|---|
| 10333 | + | in which a certificate of ownership has not been 132 |
|---|
| 10334 | + | assigned from the owner to the licensed dealer, 133 |
|---|
| 10335 | + | the dealer shall, within ten business days, 134 |
|---|
| 10336 | + | apply for a duplicate or replacement certificate 135 |
|---|
| 10337 | + | of ownership. Upon receipt of a duplicate or 136 |
|---|
| 10338 | + | replacement certificate of ownership applied for 137 |
|---|
| 10339 | + | under subsection 4 of section 301.300, the 138 |
|---|
| 10340 | + | dealer shall assign and deliver said certificate 139 |
|---|
| 10341 | + | of ownership to the purchaser of the vehicle 140 |
|---|
| 10342 | + | within five business days. The dealer shall 141 |
|---|
| 10343 | + | maintain proof of the assignment and delivery of 142 |
|---|
| 10344 | + | the certificate of ownership to the purchaser. 143 |
|---|
| 10345 | + | For purposes of this subsection, a dealer shall 144 |
|---|
| 10346 | + | be deemed to have delivered the certificate of 145 |
|---|
| 10347 | + | ownership to the purchaser upon either: 146 |
|---|
| 10348 | + | (1) Physical delivery of the certificate 147 |
|---|
| 10349 | + | of ownership to any of the purchasers identified 148 |
|---|
| 10350 | + | in the contract with such dealer; or 149 |
|---|
| 10351 | + | (2) Mailing of the certificate, postage 150 |
|---|
| 10352 | + | prepaid, return receipt requested, to any of the 151 |
|---|
| 10353 | + | purchasers at any of their addresse s identified 152 |
|---|
| 10354 | + | in the contract with such dealer. 153 |
|---|
| 10355 | + | 5. If a licensed dealer fails to comply 154 |
|---|
| 10356 | + | with subsection 3 of this section, and the 155 |
|---|
| 10357 | + | purchaser of the vehicle is thereby damaged, 156 |
|---|
| 10358 | + | then the dealer shall be liable to the purchaser 157 |
|---|
| 10359 | + | of the vehicle for ac tual damages, plus court 158 |
|---|
| 10360 | + | costs and reasonable attorney fees. 159 |
|---|
| 10361 | + | 6. If a licensed dealer fails or is unable 160 |
|---|
| 10362 | + | to comply with subsection 4 of this section, and 161 |
|---|
| 10363 | + | the purchaser of the vehicle is thereby damaged, 162 |
|---|
| 10364 | + | then the dealer shall be liable to the purch aser 163 SB 757 274 |
|---|
| 10365 | + | of the vehicle for actual damages, plus court 164 |
|---|
| 10366 | + | costs and reasonable attorney fees. If the 165 |
|---|
| 10367 | + | dealer cannot be found by the purchaser after 166 |
|---|
| 10368 | + | making reasonable attempts, or if the dealer 167 |
|---|
| 10369 | + | fails to assign and deliver the duplicate or 168 |
|---|
| 10370 | + | replacement certificate of ownership to the 169 |
|---|
| 10371 | + | purchaser by the date agreed upon by the dealer 170 |
|---|
| 10372 | + | and the purchaser, as required by subsection 4 171 |
|---|
| 10373 | + | of this section, then the purchaser may deliver 172 |
|---|
| 10374 | + | to the director a copy of the contract for sale 173 |
|---|
| 10375 | + | of the vehicle, a copy of the appli cation for 174 |
|---|
| 10376 | + | duplicate title provided by the dealer to the 175 |
|---|
| 10377 | + | purchaser, a copy of the secure power of 176 |
|---|
| 10378 | + | attorney allowing the dealer to assign the 177 |
|---|
| 10379 | + | duplicate title, and the proof or other evidence 178 |
|---|
| 10380 | + | obtained by the purchaser from the dealer under 179 |
|---|
| 10381 | + | subsection 3 of this section. Thereafter, the 180 |
|---|
| 10382 | + | director shall mail by certified mail, return 181 |
|---|
| 10383 | + | receipt requested, a notice to the dealer at the 182 |
|---|
| 10384 | + | last address given to the department by that 183 |
|---|
| 10385 | + | dealer. That notice shall inform the dealer 184 |
|---|
| 10386 | + | that the director intends to ca ncel any prior 185 |
|---|
| 10387 | + | certificate of title which may have been issued 186 |
|---|
| 10388 | + | to the dealer on the vehicle and issue to the 187 |
|---|
| 10389 | + | purchaser a certificate of title in the name of 188 |
|---|
| 10390 | + | the purchaser, subject to any liens incurred by 189 |
|---|
| 10391 | + | the purchaser in connection with the purchase of 190 |
|---|
| 10392 | + | the vehicle, unless the dealer, within ten 191 |
|---|
| 10393 | + | business days from the date of the director's 192 |
|---|
| 10394 | + | notice, files with the director a written 193 |
|---|
| 10395 | + | objection to the director taking such action. 194 |
|---|
| 10396 | + | If the dealer does file a timely, written 195 |
|---|
| 10397 | + | objection with the director , then the director 196 |
|---|
| 10398 | + | shall not take any further action without an 197 |
|---|
| 10399 | + | order from a court of competent jurisdiction. 198 |
|---|
| 10400 | + | However, if the dealer does not file a timely, 199 |
|---|
| 10401 | + | written objection with the director, then the 200 |
|---|
| 10402 | + | director shall cancel the prior certificate of 201 |
|---|
| 10403 | + | title issued to the dealer on the vehicle and 202 |
|---|
| 10404 | + | issue a certificate of title to the purchaser of 203 |
|---|
| 10405 | + | the vehicle, subject to any liens incurred by 204 |
|---|
| 10406 | + | the purchaser in connection with the purchase of 205 |
|---|
| 10407 | + | the vehicle and subject to the purchaser 206 SB 757 275 |
|---|
| 10408 | + | satisfying all applicable taxes and fees 207 |
|---|
| 10409 | + | associated with registering the vehicle. 208 |
|---|
| 10410 | + | 7. If a seller misrepresents to a dealer 209 |
|---|
| 10411 | + | that the seller is the owner of a vehicle and 210 |
|---|
| 10412 | + | the dealer, the owner, any subsequent purchaser, 211 |
|---|
| 10413 | + | or any prior or subsequent lienholder is there by 212 |
|---|
| 10414 | + | damaged, then the seller shall be liable to each 213 |
|---|
| 10415 | + | such party for actual and punitive damages, plus 214 |
|---|
| 10416 | + | court costs and reasonable attorney fees. 215 |
|---|
| 10417 | + | 8. When a lienholder is damaged as a 216 |
|---|
| 10418 | + | result of a licensed dealer's acts, errors, 217 |
|---|
| 10419 | + | omissions, or violati ons of this section, then 218 |
|---|
| 10420 | + | the dealer shall be liable to the lienholder for 219 |
|---|
| 10421 | + | actual damages, plus court costs and reasonable 220 |
|---|
| 10422 | + | attorney fees. 221 |
|---|
| 10423 | + | 9. No court costs or attorney fees shall 222 |
|---|
| 10424 | + | be awarded under this section unless, prior to 223 |
|---|
| 10425 | + | filing any such action, the following conditions 224 |
|---|
| 10426 | + | have been met: 225 |
|---|
| 10427 | + | (1) The aggrieved party seeking damages 226 |
|---|
| 10428 | + | has delivered an itemized written demand of the 227 |
|---|
| 10429 | + | party's actual damages to the party from whom 228 |
|---|
| 10430 | + | damages are sought; and 229 |
|---|
| 10431 | + | (2) The party from whom damages are s ought 230 |
|---|
| 10432 | + | has not satisfied the written demand within 231 |
|---|
| 10433 | + | thirty days after receipt of the written demand. 232 |
|---|
| 10434 | + | 10. The department of revenue may use a 233 |
|---|
| 10435 | + | dealer's repeated or intentional violation of 234 |
|---|
| 10436 | + | this section as a cause to suspend, revoke, or 235 |
|---|
| 10437 | + | refuse to issue or renew any license required 236 |
|---|
| 10438 | + | pursuant to sections 301.550 to 301.580, in 237 |
|---|
| 10439 | + | addition to the causes set forth in section 238 |
|---|
| 10440 | + | 301.562. The hearing process shall be the same 239 |
|---|
| 10441 | + | as that established in subsection 6 of section 240 |
|---|
| 10442 | + | 301.562. 241 |
|---|
| 10443 | + | 11. No dealer shall enter into a contract 242 |
|---|
| 10444 | + | under this section after December 31, 2020. Any 243 |
|---|
| 10445 | + | contract entered into prior to December 31, 244 |
|---|
| 10446 | + | 2020, shall be enforceable as provided in this 245 |
|---|
| 10447 | + | section. This section shall be repealed 246 |
|---|
| 10448 | + | effective December 31, 2020. ] 247 |
|---|
| 10449 | + | [319.140. 1. There is established a task 1 |
|---|
| 10450 | + | force of the general assembly to be known as the 2 SB 757 276 |
|---|
| 10451 | + | "Task Force on the Petroleum Storage Tank 3 |
|---|
| 10452 | + | Insurance Fund". Such task force shall be 4 |
|---|
| 10453 | + | composed of eight members. Three members shall 5 |
|---|
| 10454 | + | be from the house of repr esentatives with two 6 |
|---|
| 10455 | + | appointed by the speaker of the house of 7 |
|---|
| 10456 | + | representatives and one appointed by the 8 |
|---|
| 10457 | + | minority floor leader of the house of 9 |
|---|
| 10458 | + | representatives. Three members shall be from 10 |
|---|
| 10459 | + | the senate with two appointed by the president 11 |
|---|
| 10460 | + | pro tempore of the senate and one appointed by 12 |
|---|
| 10461 | + | the minority floor leader of the senate. Two 13 |
|---|
| 10462 | + | members shall be industry stakeholders with one 14 |
|---|
| 10463 | + | appointed by the speaker of the house of 15 |
|---|
| 10464 | + | representatives and one appointed by the 16 |
|---|
| 10465 | + | president pro tempore of the senate. No more 17 |
|---|
| 10466 | + | than two members from either the house of 18 |
|---|
| 10467 | + | representatives or the senate shall be from the 19 |
|---|
| 10468 | + | same political party. A majority of the task 20 |
|---|
| 10469 | + | force shall constitute a quorum. 21 |
|---|
| 10470 | + | 2. The task force shall conduct research 22 |
|---|
| 10471 | + | and compile a report for delivery to the general 23 |
|---|
| 10472 | + | assembly by December 31, 2018, on the following: 24 |
|---|
| 10473 | + | (1) The efficacy of the petroleum storage 25 |
|---|
| 10474 | + | tank insurance fund and program; 26 |
|---|
| 10475 | + | (2) The sustainability of the petroleum 27 |
|---|
| 10476 | + | storage tank insurance fund and program; 28 |
|---|
| 10477 | + | (3) The administration of the petroleum 29 |
|---|
| 10478 | + | storage tank insurance fund and program; 30 |
|---|
| 10479 | + | (4) The availability of private insurance 31 |
|---|
| 10480 | + | for above- and below-ground petroleum storage 32 |
|---|
| 10481 | + | tanks, and the necessity of insurance subsidies 33 |
|---|
| 10482 | + | created through the petroleum storage tank 34 |
|---|
| 10483 | + | insurance program; 35 |
|---|
| 10484 | + | (5) Compliance with federal programs, 36 |
|---|
| 10485 | + | regulations, and advisory reports; and 37 |
|---|
| 10486 | + | (6) The comparability of the petroleum 38 |
|---|
| 10487 | + | storage tank insurance program to other states' 39 |
|---|
| 10488 | + | programs and states without such programs. 40 |
|---|
| 10489 | + | 3. The task force shall meet within thirty 41 |
|---|
| 10490 | + | days after its creation and organize by 42 |
|---|
| 10491 | + | selecting a chairperson and vice chairperson, 43 |
|---|
| 10492 | + | one of whom shall be a member of the senate and 44 |
|---|
| 10493 | + | the other a member of the house of 45 |
|---|
| 10494 | + | representatives. Thereafter, the task force ma y 46 SB 757 277 |
|---|
| 10495 | + | meet as often as necessary in order to 47 |
|---|
| 10496 | + | accomplish the tasks assigned to it. 48 |
|---|
| 10497 | + | 4. The task force shall be staffed by 49 |
|---|
| 10498 | + | legislative staff as necessary to assist the 50 |
|---|
| 10499 | + | task force in the performance of its duties. 51 |
|---|
| 10500 | + | 5. The members of the task force s hall 52 |
|---|
| 10501 | + | serve without compensation but shall be entitled 53 |
|---|
| 10502 | + | to reimbursement for actual and necessary 54 |
|---|
| 10503 | + | expenses incurred in the performance of their 55 |
|---|
| 10504 | + | official duties. 56 |
|---|
| 10505 | + | 6. This section shall expire on December 57 |
|---|
| 10506 | + | 31, 2018.] 58 |
|---|
| 10507 | + | [320.093. 1. Any person, firm or 1 |
|---|
| 10508 | + | corporation who purchases a dry fire hydrant, as 2 |
|---|
| 10509 | + | defined in section 320.273, or provides an 3 |
|---|
| 10510 | + | acceptable means of water storage for such dry 4 |
|---|
| 10511 | + | fire hydrant including a pond, tank or other 5 |
|---|
| 10512 | + | storage facility with the primary purpose of 6 |
|---|
| 10513 | + | fire protection within the state of Missouri, 7 |
|---|
| 10514 | + | shall be eligible for a credit on income taxes 8 |
|---|
| 10515 | + | otherwise due pursuant to chapter 143, except 9 |
|---|
| 10516 | + | sections 143.191 to 143.261, as an incentive to 10 |
|---|
| 10517 | + | implement safe and efficient fire protection 11 |
|---|
| 10518 | + | controls. The tax credit, not to exceed five 12 |
|---|
| 10519 | + | thousand dollars, shall be equal to fifty 13 |
|---|
| 10520 | + | percent of the cost in actual expenditure for 14 |
|---|
| 10521 | + | any new water storage construction, equipment, 15 |
|---|
| 10522 | + | development and installation of the dry hydrant, 16 |
|---|
| 10523 | + | including pipes, valves, hydrants and lab or for 17 |
|---|
| 10524 | + | each such installation of a dry hydrant or new 18 |
|---|
| 10525 | + | water storage facility. The amount of the tax 19 |
|---|
| 10526 | + | credit claimed for in -kind contributions shall 20 |
|---|
| 10527 | + | not exceed twenty-five percent of the total 21 |
|---|
| 10528 | + | amount of the contribution for which the tax 22 |
|---|
| 10529 | + | credit is claimed. 23 |
|---|
| 10530 | + | 2. Any amount of credit which exceeds the 24 |
|---|
| 10531 | + | tax due shall not be refunded but may be carried 25 |
|---|
| 10532 | + | over to any subsequent taxable year, not to 26 |
|---|
| 10533 | + | exceed seven years. The person, firm or 27 |
|---|
| 10534 | + | corporation may elect to assign to a third party 28 |
|---|
| 10535 | + | the approved tax credit. The certificate of 29 |
|---|
| 10536 | + | assignment and other appropriate forms shall be 30 SB 757 278 |
|---|
| 10537 | + | filed with the Missouri department of revenue 31 |
|---|
| 10538 | + | and the department of economic development. 32 |
|---|
| 10539 | + | 3. The person, firm or corporation shall 33 |
|---|
| 10540 | + | make application for the credit to t he 34 |
|---|
| 10541 | + | department of economic development after 35 |
|---|
| 10542 | + | receiving approval of the state fire marshal. 36 |
|---|
| 10543 | + | The fire marshal shall establish by rule 37 |
|---|
| 10544 | + | promulgated pursuant to chapter 536 the 38 |
|---|
| 10545 | + | requirements to be met based on the National 39 |
|---|
| 10546 | + | Resources Conservation Service's Dry Hydrant 40 |
|---|
| 10547 | + | Standard. The state fire marshal or designated 41 |
|---|
| 10548 | + | local representative shall review and authorize 42 |
|---|
| 10549 | + | the construction and installation of any dry 43 |
|---|
| 10550 | + | fire hydrant site. Only approved dry fire 44 |
|---|
| 10551 | + | hydrant sites shall be eligible for tax credits 45 |
|---|
| 10552 | + | as indicated in this section. Under no 46 |
|---|
| 10553 | + | circumstance shall such authority deny any 47 |
|---|
| 10554 | + | entity the ability to provide a dry fire hydrant 48 |
|---|
| 10555 | + | site when tax credits are not requested. 49 |
|---|
| 10556 | + | 4. The department of public safety shall 50 |
|---|
| 10557 | + | certify to the department of revenue t hat the 51 |
|---|
| 10558 | + | dry hydrant system meets the requirements to 52 |
|---|
| 10559 | + | obtain a tax credit as specified in subsection 5 53 |
|---|
| 10560 | + | of this section. 54 |
|---|
| 10561 | + | 5. In order to qualify for a tax credit 55 |
|---|
| 10562 | + | under this section, a dry hydrant or new water 56 |
|---|
| 10563 | + | storage facility shall meet the followi ng 57 |
|---|
| 10564 | + | minimum requirements: 58 |
|---|
| 10565 | + | (1) Each body of water or water storage 59 |
|---|
| 10566 | + | structure shall be able to provide two hundred 60 |
|---|
| 10567 | + | fifty gallons per minute for a continuous two - 61 |
|---|
| 10568 | + | hour period during a fifty -year drought or 62 |
|---|
| 10569 | + | freeze at a vertical lift of eighteen feet; 63 |
|---|
| 10570 | + | (2) Each dry hydrant shall be located 64 |
|---|
| 10571 | + | within twenty-five feet of an all-weather 65 |
|---|
| 10572 | + | roadway and shall be accessible to fire 66 |
|---|
| 10573 | + | protection equipment; 67 |
|---|
| 10574 | + | (3) Dry hydrants shall be located a 68 |
|---|
| 10575 | + | reasonable distance from other dry or 69 |
|---|
| 10576 | + | pressurized hydrants; a nd 70 |
|---|
| 10577 | + | (4) The site shall provide a measurable 71 |
|---|
| 10578 | + | economic improvement potential for rural 72 |
|---|
| 10579 | + | development. 73 SB 757 279 |
|---|
| 10580 | + | 6. New credits shall not be awarded under 74 |
|---|
| 10581 | + | this section after August 28, 2010. The total 75 |
|---|
| 10582 | + | amount of all tax credits allowed pursuant to 76 |
|---|
| 10583 | + | this section is five hundred thousand dollars in 77 |
|---|
| 10584 | + | any one fiscal year as approved by the director 78 |
|---|
| 10585 | + | of the department of economic development. 79 |
|---|
| 10586 | + | 7. Any rule or portion of a rule, as that 80 |
|---|
| 10587 | + | term is defined in section 536.010, that is 81 |
|---|
| 10588 | + | created under the authority delegated in this 82 |
|---|
| 10589 | + | section shall become effective only if it 83 |
|---|
| 10590 | + | complies with and is subject to all of the 84 |
|---|
| 10591 | + | provisions of chapter 536 and, if applicable, 85 |
|---|
| 10592 | + | section 536.028. This section and chapter 536 86 |
|---|
| 10593 | + | are nonseverable and if any of the powers vested 87 |
|---|
| 10594 | + | with the general assembly pursuant to chapter 88 |
|---|
| 10595 | + | 536 to review, to delay the effective date or to 89 |
|---|
| 10596 | + | disapprove and annul a rule are subsequently 90 |
|---|
| 10597 | + | held unconstitutional, then the grant of 91 |
|---|
| 10598 | + | rulemaking authority and any rule proposed or 92 |
|---|
| 10599 | + | adopted after August 28, 200 7, shall be invalid 93 |
|---|
| 10600 | + | and void.] 94 |
|---|
| 10601 | + | [332.304. The specific duties of the 1 |
|---|
| 10602 | + | committee shall include the following: 2 |
|---|
| 10603 | + | (1) Designing a training program for 3 |
|---|
| 10604 | + | dental hygienists which allows coursework to be 4 |
|---|
| 10605 | + | completed off-site from the educat ional 5 |
|---|
| 10606 | + | institution, and clinical and didactic training 6 |
|---|
| 10607 | + | to be delivered in the office of a dentist 7 |
|---|
| 10608 | + | licensed under this chapter, if such offsite 8 |
|---|
| 10609 | + | dental office is a part of an accredited dental 9 |
|---|
| 10610 | + | hygiene program through the Commission on Dental 10 |
|---|
| 10611 | + | Accreditation of the American Dental Association 11 |
|---|
| 10612 | + | as an extended campus facility or any other 12 |
|---|
| 10613 | + | facility approved by the council on dental 13 |
|---|
| 10614 | + | accreditation; 14 |
|---|
| 10615 | + | (2) Developing suggestions for the 15 |
|---|
| 10616 | + | creation of a contract between the department 16 |
|---|
| 10617 | + | and an institution of hi gher education to 17 |
|---|
| 10618 | + | establish the training program designed under 18 |
|---|
| 10619 | + | subdivision (1) of this section; 19 |
|---|
| 10620 | + | (3) Analyzing issues relating to the 20 |
|---|
| 10621 | + | curriculum, funding, and administration of the 21 SB 757 280 |
|---|
| 10622 | + | training program designed under subdivision (1) 22 |
|---|
| 10623 | + | of this section; and 23 |
|---|
| 10624 | + | (4) On or before November 1, 2005, 24 |
|---|
| 10625 | + | delivering to both houses of the general 25 |
|---|
| 10626 | + | assembly and the governor a report on the 26 |
|---|
| 10627 | + | training program designed under subdivision (1) 27 |
|---|
| 10628 | + | of this section and any suggestions developed 28 |
|---|
| 10629 | + | and analysis made under subd ivisions (2) and (3) 29 |
|---|
| 10630 | + | of this section.] 30 |
|---|
| 10631 | + | [332.305. The committee shall dissolve 1 |
|---|
| 10632 | + | upon delivery of the report required under 2 |
|---|
| 10633 | + | subdivision (4) of section 332.304. ] 3 |
|---|
| 10634 | + | [334.153. 1. No person other than a 1 |
|---|
| 10635 | + | physician licensed under this chapter shall 2 |
|---|
| 10636 | + | perform the following interventions in the 3 |
|---|
| 10637 | + | course of diagnosing or treating pain which is 4 |
|---|
| 10638 | + | chronic, persistent and intractable, or occurs 5 |
|---|
| 10639 | + | outside of a surgical, obstetrical, or 6 |
|---|
| 10640 | + | postoperative course of care: 7 |
|---|
| 10641 | + | (1) Ablation of targeted nerves; 8 |
|---|
| 10642 | + | (2) Percutaneous precision needle 9 |
|---|
| 10643 | + | placement within the spinal column with 10 |
|---|
| 10644 | + | placement of drugs, such as local anesthetics, 11 |
|---|
| 10645 | + | steroids, and analgesics, in the spinal column 12 |
|---|
| 10646 | + | under fluoroscopic guidance. The provisions of 13 |
|---|
| 10647 | + | this subdivision shall not apply to interlaminar 14 |
|---|
| 10648 | + | lumbar epidural injections performed in a 15 |
|---|
| 10649 | + | hospital as defined in section 197.020 or an 16 |
|---|
| 10650 | + | ambulatory surgery center as defined in section 17 |
|---|
| 10651 | + | 197.200 if the standard of care for Medicare 18 |
|---|
| 10652 | + | reimbursement for interlaminar or translaminar 19 |
|---|
| 10653 | + | lumbar epidural injections is changed after 20 |
|---|
| 10654 | + | August 28, 2012, to allow reimbursement only 21 |
|---|
| 10655 | + | with the use of image guidance; or 22 |
|---|
| 10656 | + | (3) Laser or endoscopic discectomy, or the 23 |
|---|
| 10657 | + | surgical placement of intrathecal infusion 24 |
|---|
| 10658 | + | pumps, and or spinal cord stimulators. 25 |
|---|
| 10659 | + | 2. Nothing in this section shall be 26 |
|---|
| 10660 | + | construed to prohibit or restrict the 27 |
|---|
| 10661 | + | performance of surgical or obstetrical 28 |
|---|
| 10662 | + | anesthesia services or postoperative pain 29 |
|---|
| 10663 | + | control by a certified registered nurse 30 |
|---|
| 10664 | + | anesthetist pursuant to subse ction 7 of section 31 SB 757 281 |
|---|
| 10665 | + | 334.104 or by an anesthesiologist assistant 32 |
|---|
| 10666 | + | licensed pursuant to sections 334.400 to 334.434. 33 |
|---|
| 10667 | + | 3. The state board of registration for the 34 |
|---|
| 10668 | + | healing arts may promulgate rules to implement 35 |
|---|
| 10669 | + | the provisions of this section, except that such 36 |
|---|
| 10670 | + | authority shall not apply to rulemaking 37 |
|---|
| 10671 | + | authority to define or regulate the scope of 38 |
|---|
| 10672 | + | practice of certified registered nurse 39 |
|---|
| 10673 | + | anesthetists. Any rule or portion of a rule, as 40 |
|---|
| 10674 | + | that term is defined in section 536.010, that is 41 |
|---|
| 10675 | + | created under the auth ority delegated in this 42 |
|---|
| 10676 | + | section shall become effective only if it 43 |
|---|
| 10677 | + | complies with and is subject to all of the 44 |
|---|
| 10678 | + | provisions of chapter 536 and, if applicable, 45 |
|---|
| 10679 | + | section 536.028. This section and chapter 536 46 |
|---|
| 10680 | + | are nonseverable and if any of the powers vested 47 |
|---|
| 10681 | + | with the general assembly pursuant to chapter 48 |
|---|
| 10682 | + | 536 to review, to delay the effective date, or 49 |
|---|
| 10683 | + | to disapprove and annul a rule are subsequently 50 |
|---|
| 10684 | + | held unconstitutional, then the grant of 51 |
|---|
| 10685 | + | rulemaking authority and any rule proposed or 52 |
|---|
| 10686 | + | adopted after August 2 8, 2012, shall be invalid 53 |
|---|
| 10687 | + | and void. 54 |
|---|
| 10688 | + | 4. The provisions of this section shall 55 |
|---|
| 10689 | + | automatically expire four years after August 28, 56 |
|---|
| 10690 | + | 2012, unless reauthorized by an act of the 57 |
|---|
| 10691 | + | general assembly.] 58 |
|---|
| 10692 | + | [334.1135. 1. There is hereby establis hed 1 |
|---|
| 10693 | + | a joint task force to be known as the "Joint 2 |
|---|
| 10694 | + | Task Force on Radiologic Technologist Licensure". 3 |
|---|
| 10695 | + | 2. The task force shall be composed of the 4 |
|---|
| 10696 | + | following: 5 |
|---|
| 10697 | + | (1) Two members of the senate, one of whom 6 |
|---|
| 10698 | + | shall be appointed by the president pro temp ore 7 |
|---|
| 10699 | + | and one by the minority leader of the senate; 8 |
|---|
| 10700 | + | (2) Two members of the house of 9 |
|---|
| 10701 | + | representatives, one of whom shall be appointed 10 |
|---|
| 10702 | + | by the speaker and one by the minority leader of 11 |
|---|
| 10703 | + | the house of representatives; 12 |
|---|
| 10704 | + | (3) A clinic administrator, or his or her 13 |
|---|
| 10705 | + | designee, appointed by the Missouri Association 14 |
|---|
| 10706 | + | of Rural Health Clinics; 15 SB 757 282 |
|---|
| 10707 | + | (4) A physician appointed by the Missouri 16 |
|---|
| 10708 | + | State Medical Association; 17 |
|---|
| 10709 | + | (5) A pain management physician appointed 18 |
|---|
| 10710 | + | by the Missouri Society of Anesthesiologists; 19 |
|---|
| 10711 | + | (6) A radiologic technologist appointed by 20 |
|---|
| 10712 | + | the Missouri Society of Radiologic Technologists; 21 |
|---|
| 10713 | + | (7) A nuclear medicine technologist 22 |
|---|
| 10714 | + | appointed by the Missouri Valley Chapter of the 23 |
|---|
| 10715 | + | Society of Nuclear Medicine and Molecular 24 |
|---|
| 10716 | + | Imaging; 25 |
|---|
| 10717 | + | (8) An administrator of an ambulatory 26 |
|---|
| 10718 | + | surgical center appointed by the Missouri 27 |
|---|
| 10719 | + | Ambulatory Surgical Center Association; 28 |
|---|
| 10720 | + | (9) A physician appointed by the Missouri 29 |
|---|
| 10721 | + | Academy of Family Physicians; 30 |
|---|
| 10722 | + | (10) A certified registered nurse 31 |
|---|
| 10723 | + | anesthetist appointed by the Missouri 32 |
|---|
| 10724 | + | Association of Nurse Anesthetists; 33 |
|---|
| 10725 | + | (11) A physician appointed by the Missouri 34 |
|---|
| 10726 | + | Radiological Society; 35 |
|---|
| 10727 | + | (12) The director of the Missouri state 36 |
|---|
| 10728 | + | board of registration for the healing arts, or 37 |
|---|
| 10729 | + | his or her designee; and 38 |
|---|
| 10730 | + | (13) The director of the Missouri state 39 |
|---|
| 10731 | + | board of nursing, or his or her designee. 40 |
|---|
| 10732 | + | 3. The task force shall review the current 41 |
|---|
| 10733 | + | status of licensure of radiologic technologists 42 |
|---|
| 10734 | + | in Missouri and shall develop a plan to address 43 |
|---|
| 10735 | + | the most appropriate method to protect public 44 |
|---|
| 10736 | + | safety when radiologic imaging and radiologic 45 |
|---|
| 10737 | + | procedures are utilized. The plan shall include: 46 |
|---|
| 10738 | + | (1) An analysis of the risks associated if 47 |
|---|
| 10739 | + | radiologic technologists are not licensed; 48 |
|---|
| 10740 | + | (2) The creation of a Radiologic Imaging 49 |
|---|
| 10741 | + | and Radiation Therapy Advisory Commission; 50 |
|---|
| 10742 | + | (3) Procedures to address the specific 51 |
|---|
| 10743 | + | needs of rural health care and the availability 52 |
|---|
| 10744 | + | of licensed radiologic technologists; 53 |
|---|
| 10745 | + | (4) Requirements for licensure of 54 |
|---|
| 10746 | + | radiographers, radiation therapists, n uclear 55 |
|---|
| 10747 | + | medicine technologists, nuclear medicine 56 |
|---|
| 10748 | + | advanced associates, radiologist assistants, and 57 |
|---|
| 10749 | + | limited x-ray machine operators; 58 |
|---|
| 10750 | + | (5) Reasonable exemptions to licensure; 59 SB 757 283 |
|---|
| 10751 | + | (6) Continuing education and training; 60 |
|---|
| 10752 | + | (7) Penalty provisions; an d 61 |
|---|
| 10753 | + | (8) Other items that the task force deems 62 |
|---|
| 10754 | + | relevant for the proper determination of 63 |
|---|
| 10755 | + | licensure of radiologic technologists in 64 |
|---|
| 10756 | + | Missouri. 65 |
|---|
| 10757 | + | 4. The task force shall meet within thirty 66 |
|---|
| 10758 | + | days of its creation and select a chair and vice 67 |
|---|
| 10759 | + | chair. A majority of the task force shall 68 |
|---|
| 10760 | + | constitute a quorum, but the concurrence of a 69 |
|---|
| 10761 | + | majority of total members shall be required for 70 |
|---|
| 10762 | + | the determination of any matter within the task 71 |
|---|
| 10763 | + | force's duties. 72 |
|---|
| 10764 | + | 5. The task force shall be staffed by 73 |
|---|
| 10765 | + | legislative personnel as is deemed necessary to 74 |
|---|
| 10766 | + | assist the task force in the performance of its 75 |
|---|
| 10767 | + | duties. 76 |
|---|
| 10768 | + | 6. The members of the task force shall 77 |
|---|
| 10769 | + | serve without compensation, but may, subject to 78 |
|---|
| 10770 | + | appropriation, be entitled to reimbursement for 79 |
|---|
| 10771 | + | actual and necessary ex penses incurred in the 80 |
|---|
| 10772 | + | performance of their official duties. 81 |
|---|
| 10773 | + | 7. The task force shall submit a full 82 |
|---|
| 10774 | + | report of its activities, including the plan 83 |
|---|
| 10775 | + | developed under subsection 3 of this section, to 84 |
|---|
| 10776 | + | the general assembly on or before January 15, 85 |
|---|
| 10777 | + | 2020. The task force shall send copies of the 86 |
|---|
| 10778 | + | report to the director of the division of 87 |
|---|
| 10779 | + | professional registration. ] 88 |
|---|
| 10780 | + | [338.320. 1. There is hereby established 1 |
|---|
| 10781 | + | the "Missouri Electronic Prior Authorization 2 |
|---|
| 10782 | + | Committee" in order to facilitate, monitor, and 3 |
|---|
| 10783 | + | report to the general assembly on Missouri -based 4 |
|---|
| 10784 | + | efforts to contribute to the establishment of 5 |
|---|
| 10785 | + | national electronic prior authorization 6 |
|---|
| 10786 | + | standards. Such efforts shall include the 7 |
|---|
| 10787 | + | Missouri-based electronic prior authorization 8 |
|---|
| 10788 | + | pilot program established under subsection 5 of 9 |
|---|
| 10789 | + | this section and the study and dissemination of 10 |
|---|
| 10790 | + | information by the committee of the efforts of 11 |
|---|
| 10791 | + | the National Council on Prescription Drug 12 |
|---|
| 10792 | + | Programs (NCPDP) to develop national electronic 13 |
|---|
| 10793 | + | prior authorization standards. The committee 14 SB 757 284 |
|---|
| 10794 | + | shall advise the general assembly and the 15 |
|---|
| 10795 | + | department of commerce and insurance as to 16 |
|---|
| 10796 | + | whether there is a need for administrative rules 17 |
|---|
| 10797 | + | to be promulgated by the department of commerce 18 |
|---|
| 10798 | + | and insurance as soon as practically possible. 19 |
|---|
| 10799 | + | 2. The Missouri electronic prior 20 |
|---|
| 10800 | + | authorization committee shall consist of the 21 |
|---|
| 10801 | + | following members: 22 |
|---|
| 10802 | + | (1) Two members of the senate, appointed 23 |
|---|
| 10803 | + | by the president pro tempore of the senate; 24 |
|---|
| 10804 | + | (2) Two members of the house of 25 |
|---|
| 10805 | + | representatives, appointed by the speaker of the 26 |
|---|
| 10806 | + | house of representatives; 27 |
|---|
| 10807 | + | (3) One member from an organization of 28 |
|---|
| 10808 | + | licensed physicians in the state; 29 |
|---|
| 10809 | + | (4) One member who is a physician licensed 30 |
|---|
| 10810 | + | in Missouri pursuant to chapter 334; 31 |
|---|
| 10811 | + | (5) One member who is a represent ative of 32 |
|---|
| 10812 | + | a Missouri pharmacy benefit management company; 33 |
|---|
| 10813 | + | (6) One member from an organization 34 |
|---|
| 10814 | + | representing licensed pharmacists in the state; 35 |
|---|
| 10815 | + | (7) One member from the business community 36 |
|---|
| 10816 | + | representing businesses on health insurance 37 |
|---|
| 10817 | + | issues; 38 |
|---|
| 10818 | + | (8) One member from an organization 39 |
|---|
| 10819 | + | representing the leading research -based 40 |
|---|
| 10820 | + | pharmaceutical and biotechnology companies; 41 |
|---|
| 10821 | + | (9) One member from an organization 42 |
|---|
| 10822 | + | representing the largest generic pharmaceutical 43 |
|---|
| 10823 | + | trade association; 44 |
|---|
| 10824 | + | (10) One patient advocate; 45 |
|---|
| 10825 | + | (11) One member from an electronic 46 |
|---|
| 10826 | + | prescription network that facilitates the secure 47 |
|---|
| 10827 | + | electronic exchange of clinical information 48 |
|---|
| 10828 | + | between physicians, pharmacies, payers, and 49 |
|---|
| 10829 | + | pharmacy benefit managers and other health care 50 |
|---|
| 10830 | + | providers; 51 |
|---|
| 10831 | + | (12) One member from a Missouri -based 52 |
|---|
| 10832 | + | electronic health records company; 53 |
|---|
| 10833 | + | (13) One member from an organization 54 |
|---|
| 10834 | + | representing the largest number of hospitals in 55 |
|---|
| 10835 | + | the state; 56 |
|---|
| 10836 | + | (14) One member from a health carrier as 57 |
|---|
| 10837 | + | such term is defined under section 376.1350; 58 SB 757 285 |
|---|
| 10838 | + | (15) One member from an organization 59 |
|---|
| 10839 | + | representing the largest number of health 60 |
|---|
| 10840 | + | carriers in the state, as such term is defined 61 |
|---|
| 10841 | + | under section 376.1350; 62 |
|---|
| 10842 | + | (16) The director of the department of 63 |
|---|
| 10843 | + | social services, or the director 's designee; 64 |
|---|
| 10844 | + | (17) The director of the department of 65 |
|---|
| 10845 | + | commerce and insurance, who shall be chair of 66 |
|---|
| 10846 | + | the committee. 67 |
|---|
| 10847 | + | 3. All of the members, except for the 68 |
|---|
| 10848 | + | members from the general assembly, shall be 69 |
|---|
| 10849 | + | appointed by the governor no later than 70 |
|---|
| 10850 | + | September 1, 2012, with the advice and consent 71 |
|---|
| 10851 | + | of the senate. The staff of the department of 72 |
|---|
| 10852 | + | commerce and insurance shall provide assistance 73 |
|---|
| 10853 | + | to the committee. 74 |
|---|
| 10854 | + | 4. The duties of the committee shall be as 75 |
|---|
| 10855 | + | follows: 76 |
|---|
| 10856 | + | (1) Before February 1, 2019, mon itor and 77 |
|---|
| 10857 | + | report to the general assembly on the Missouri - 78 |
|---|
| 10858 | + | based electronic prior authorization pilot 79 |
|---|
| 10859 | + | program created under subsection 5 of this 80 |
|---|
| 10860 | + | section including a report of the outcomes and 81 |
|---|
| 10861 | + | best practices developed as a result of the 82 |
|---|
| 10862 | + | pilot program and how such information can be 83 |
|---|
| 10863 | + | used to inform the national standard -setting 84 |
|---|
| 10864 | + | process; 85 |
|---|
| 10865 | + | (2) Obtain specific updates from the NCPDP 86 |
|---|
| 10866 | + | and other pharmacy benefit managers and vendors 87 |
|---|
| 10867 | + | that are currently engaged in pilot programs 88 |
|---|
| 10868 | + | working toward national el ectronic prior 89 |
|---|
| 10869 | + | authorization standards; 90 |
|---|
| 10870 | + | (3) Correspond and collaborate with the 91 |
|---|
| 10871 | + | NCPDP and other such pilots through the exchange 92 |
|---|
| 10872 | + | of information and ideas; 93 |
|---|
| 10873 | + | (4) Assist, when asked by the pharmacy 94 |
|---|
| 10874 | + | benefit manager, with the development of the 95 |
|---|
| 10875 | + | pilot program created under subsection 5 of this 96 |
|---|
| 10876 | + | section with an understanding of information on 97 |
|---|
| 10877 | + | the success and failures of other pilot programs 98 |
|---|
| 10878 | + | across the country; 99 |
|---|
| 10879 | + | (5) Prepare a report at the end of each 100 |
|---|
| 10880 | + | calendar year to be distributed to the g eneral 101 |
|---|
| 10881 | + | assembly and governor with a summary of the 102 SB 757 286 |
|---|
| 10882 | + | committee's progress and plans for the next 103 |
|---|
| 10883 | + | calendar year, including a report on Missouri - 104 |
|---|
| 10884 | + | based efforts to contribute to the establishment 105 |
|---|
| 10885 | + | of national electronic prior authorization 106 |
|---|
| 10886 | + | standards. Such annual report shall continue 107 |
|---|
| 10887 | + | until such time as the NCPDP has established 108 |
|---|
| 10888 | + | national electronic prior authorization 109 |
|---|
| 10889 | + | standards or this section has expired, whichever 110 |
|---|
| 10890 | + | is sooner. The first report shall be completed 111 |
|---|
| 10891 | + | before January 1, 2013; 112 |
|---|
| 10892 | + | (6) Upon the adoption of national 113 |
|---|
| 10893 | + | electronic prior authorization standards by the 114 |
|---|
| 10894 | + | NCPDP, prepare a final report to be distributed 115 |
|---|
| 10895 | + | to the general assembly and governor that 116 |
|---|
| 10896 | + | identifies the appropriate Missouri 117 |
|---|
| 10897 | + | administrative regulations, if any, that will 118 |
|---|
| 10898 | + | need to be promulgated by the department of 119 |
|---|
| 10899 | + | commerce and insurance, in order to make those 120 |
|---|
| 10900 | + | standards effective as soon as practically 121 |
|---|
| 10901 | + | possible, and advise the general assembly and 122 |
|---|
| 10902 | + | governor if there are any legislative actions 123 |
|---|
| 10903 | + | necessary to the furtherance of that end. 124 |
|---|
| 10904 | + | 5. The department of commerce and 125 |
|---|
| 10905 | + | insurance and the Missouri electronic prior 126 |
|---|
| 10906 | + | authorization committee shall recruit a Missouri - 127 |
|---|
| 10907 | + | based pharmacy benefits manager doing business 128 |
|---|
| 10908 | + | nationally to volunteer to conduct an electronic 129 |
|---|
| 10909 | + | prior authorization pilot program in Missouri. 130 |
|---|
| 10910 | + | The pharmacy benefits manager conducting the 131 |
|---|
| 10911 | + | pilot program shall ensure that there are 132 |
|---|
| 10912 | + | adequate Missouri licensed physicians and an 133 |
|---|
| 10913 | + | electronic prior authorization vendor capable 134 |
|---|
| 10914 | + | and willing to participate in a Miss ouri-based 135 |
|---|
| 10915 | + | pilot program. Such pilot program established 136 |
|---|
| 10916 | + | under this section shall be operational by 137 |
|---|
| 10917 | + | January 1, 2014. The department and the 138 |
|---|
| 10918 | + | committee may provide advice or assistance to 139 |
|---|
| 10919 | + | the pharmacy benefit manager conducting the 140 |
|---|
| 10920 | + | pilot program but shall not maintain control or 141 |
|---|
| 10921 | + | lead with the direction of the pilot program. 142 |
|---|
| 10922 | + | 6. Pursuant to section 23.253 of the 143 |
|---|
| 10923 | + | Missouri sunset act: 144 |
|---|
| 10924 | + | (1) The provisions of the new program 145 |
|---|
| 10925 | + | authorized under this section shall sunset 146 SB 757 287 |
|---|
| 10926 | + | automatically six years a fter August 28, 2012, 147 |
|---|
| 10927 | + | unless reauthorized by an act of the general 148 |
|---|
| 10928 | + | assembly; and 149 |
|---|
| 10929 | + | (2) If such program is reauthorized, the 150 |
|---|
| 10930 | + | program authorized under this section shall 151 |
|---|
| 10931 | + | sunset automatically twelve years after the 152 |
|---|
| 10932 | + | effective date of the reauthorizati on of this 153 |
|---|
| 10933 | + | section; and 154 |
|---|
| 10934 | + | (3) This section shall terminate on 155 |
|---|
| 10935 | + | September first of the calendar year immediately 156 |
|---|
| 10936 | + | following the calendar year in which the program 157 |
|---|
| 10937 | + | authorized under this section is sunset. ] 158 |
|---|
| 10938 | + | [374.007. 1. The revisor of statutes 1 |
|---|
| 10939 | + | shall change all references in the revised 2 |
|---|
| 10940 | + | statutes of Missouri from "department of 3 |
|---|
| 10941 | + | insurance", "insurance department" or 4 |
|---|
| 10942 | + | "department of insurance, financial and 5 |
|---|
| 10943 | + | professional regulation" to "department of 6 |
|---|
| 10944 | + | insurance, financial institutions and 7 |
|---|
| 10945 | + | professional registration". 8 |
|---|
| 10946 | + | 2. The revisor of statutes shall change 9 |
|---|
| 10947 | + | all references in the revised statutes of 10 |
|---|
| 10948 | + | Missouri from "director of insurance" or 11 |
|---|
| 10949 | + | "commissioner of insurance" to "director of the 12 |
|---|
| 10950 | + | department of insurance, financial instit utions 13 |
|---|
| 10951 | + | and professional registration". ] 14 |
|---|
| 10952 | + | [393.1072. 1. There is hereby established 1 |
|---|
| 10953 | + | the "Task Force on Fair, Nondiscriminatory Local 2 |
|---|
| 10954 | + | Taxation Concerning Solar Energy Systems", which 3 |
|---|
| 10955 | + | shall be composed of the following members: 4 |
|---|
| 10956 | + | (1) Three members of the house of 5 |
|---|
| 10957 | + | representatives, with not more than two members 6 |
|---|
| 10958 | + | from the same political party and each member to 7 |
|---|
| 10959 | + | be appointed by the speaker of the house of 8 |
|---|
| 10960 | + | representatives; 9 |
|---|
| 10961 | + | (2) Three members of the senate, with not 10 |
|---|
| 10962 | + | more than two members from the same political 11 |
|---|
| 10963 | + | party and each member to be appointed by the 12 |
|---|
| 10964 | + | president pro tempore of the senate; 13 |
|---|
| 10965 | + | (3) Two currently elected county assessors 14 |
|---|
| 10966 | + | from Missouri county governments, with one to be 15 |
|---|
| 10967 | + | appointed by the speaker of the house of 16 SB 757 288 |
|---|
| 10968 | + | representatives and one to be appointed by the 17 |
|---|
| 10969 | + | president pro tempore of the senate; 18 |
|---|
| 10970 | + | (4) Two representatives from the Missouri 19 |
|---|
| 10971 | + | state tax commission to be appointed by the 20 |
|---|
| 10972 | + | commissioners of the Missouri state tax 21 |
|---|
| 10973 | + | commission; 22 |
|---|
| 10974 | + | (5) Two representatives from a statewide 23 |
|---|
| 10975 | + | agricultural organization, with one to be 24 |
|---|
| 10976 | + | appointed by the speaker of the house of 25 |
|---|
| 10977 | + | representatives and one to be appointed by the 26 |
|---|
| 10978 | + | president pro tempore of the senate; 27 |
|---|
| 10979 | + | (6) Two representatives from the private 28 |
|---|
| 10980 | + | sector with experience in utility -scale solar 29 |
|---|
| 10981 | + | energy development and operation, with one to be 30 |
|---|
| 10982 | + | appointed by the speaker of the house of 31 |
|---|
| 10983 | + | representatives and one to be appointed by the 32 |
|---|
| 10984 | + | president pro tempore of the senate; and 33 |
|---|
| 10985 | + | (7) One member from an organizat ion that 34 |
|---|
| 10986 | + | advocates for policy supporting solar energy 35 |
|---|
| 10987 | + | appointed by the chair of the public service 36 |
|---|
| 10988 | + | commission. 37 |
|---|
| 10989 | + | 2. The task force shall conduct public 38 |
|---|
| 10990 | + | hearings and research and compile a report for 39 |
|---|
| 10991 | + | delivery to the general assembly before December 40 |
|---|
| 10992 | + | 31, 2022. Such report shall include information 41 |
|---|
| 10993 | + | on the following: 42 |
|---|
| 10994 | + | (1) The economic benefits and drawbacks of 43 |
|---|
| 10995 | + | solar energy systems to local communities and 44 |
|---|
| 10996 | + | the state; 45 |
|---|
| 10997 | + | (2) The fair, uniform, and standardized 46 |
|---|
| 10998 | + | assessment and taxation of solar energy systems 47 |
|---|
| 10999 | + | and their connected equipment owned by a retail 48 |
|---|
| 11000 | + | or wholesale provider of electricity at the 49 |
|---|
| 11001 | + | county level in all counties; 50 |
|---|
| 11002 | + | (3) Compliance with existing federal and 51 |
|---|
| 11003 | + | state programs and regulations; and 52 |
|---|
| 11004 | + | (4) Potential legislation that will 53 |
|---|
| 11005 | + | provide a uniform assessment and taxation 54 |
|---|
| 11006 | + | methodology for solar energy systems and their 55 |
|---|
| 11007 | + | connected equipment owned by a retail or 56 |
|---|
| 11008 | + | wholesale provider of electricity that will be 57 |
|---|
| 11009 | + | used in every county of Missouri. 58 |
|---|
| 11010 | + | 3. The task force shall meet within thirty 59 |
|---|
| 11011 | + | days after its creation and shall organize by 60 SB 757 289 |
|---|
| 11012 | + | selecting a chair and vice chair, one of whom 61 |
|---|
| 11013 | + | shall be a member of the senate and the other a 62 |
|---|
| 11014 | + | member of the house of representatives. 63 |
|---|
| 11015 | + | Thereafter, the task force may meet as often as 64 |
|---|
| 11016 | + | necessary in order to accomplish the tasks 65 |
|---|
| 11017 | + | assigned to it. Meetings may be held by 66 |
|---|
| 11018 | + | telephone or video conference at the discretion 67 |
|---|
| 11019 | + | of the chair. The chair shall designate a 68 |
|---|
| 11020 | + | person to keep the records of the task force. A 69 |
|---|
| 11021 | + | majority of the task force s hall constitute a 70 |
|---|
| 11022 | + | quorum, and a majority vote of such quorum shall 71 |
|---|
| 11023 | + | be required for any action. 72 |
|---|
| 11024 | + | 4. The staff of house research and senate 73 |
|---|
| 11025 | + | research shall provide necessary clerical, 74 |
|---|
| 11026 | + | research, fiscal, and legal services to the task 75 |
|---|
| 11027 | + | force as the task force may request. 76 |
|---|
| 11028 | + | 5. The members of the task force shall 77 |
|---|
| 11029 | + | serve without compensation, but any actual and 78 |
|---|
| 11030 | + | necessary expenses incurred by the task force, 79 |
|---|
| 11031 | + | its members, and any staff assigned to the task 80 |
|---|
| 11032 | + | force shall be reimbursed. 81 |
|---|
| 11033 | + | 6. This section shall expire on December 82 |
|---|
| 11034 | + | 31, 2022.] 83 |
|---|
| 11035 | + | [454.849. The repeal of sections 454.850 1 |
|---|
| 11036 | + | to 454.999 shall become effective June 15, 2016. ] 2 |
|---|
| 11037 | + | [476.1000. All courts that require 1 |
|---|
| 11038 | + | mandatory electronic filing shall accept, file , 2 |
|---|
| 11039 | + | and docket a notice of entry of appearance filed 3 |
|---|
| 11040 | + | by an attorney in a criminal case if such filing 4 |
|---|
| 11041 | + | does not exceed one page in length and was sent 5 |
|---|
| 11042 | + | by fax or regular mail. The provisions of this 6 |
|---|
| 11043 | + | section shall expire on December 31, 2016. ] 7 |
|---|
| 11044 | + | [559.117. 1. The director of the 1 |
|---|
| 11045 | + | department of corrections is authorized to 2 |
|---|
| 11046 | + | establish, as a three -year pilot program, a 3 |
|---|
| 11047 | + | mental health assessment process. 4 |
|---|
| 11048 | + | 2. Only upon a motion filed by the 5 |
|---|
| 11049 | + | prosecutor in a criminal case, the judge who is 6 |
|---|
| 11050 | + | hearing the criminal case in a participating 7 |
|---|
| 11051 | + | county may request that an offender be placed in 8 |
|---|
| 11052 | + | the department of corrections for one hundred 9 |
|---|
| 11053 | + | twenty days for a mental health assessment and 10 SB 757 290 |
|---|
| 11054 | + | for treatment if it appears that the offender 11 |
|---|
| 11055 | + | has a mental disorder or mental illness such 12 |
|---|
| 11056 | + | that the offender may qualify for probation 13 |
|---|
| 11057 | + | including community psychiatric rehabilitation 14 |
|---|
| 11058 | + | (CPR) programs and such probation is appropriate 15 |
|---|
| 11059 | + | and not inconsistent with public safety. Before 16 |
|---|
| 11060 | + | the judge rules upon the motion, the victim 17 |
|---|
| 11061 | + | shall be given notice of such motion and the 18 |
|---|
| 11062 | + | opportunity to be heard. Upon recommendation of 19 |
|---|
| 11063 | + | the court, the department shall determine the 20 |
|---|
| 11064 | + | offender's eligibility for the mental health 21 |
|---|
| 11065 | + | assessment process. 22 |
|---|
| 11066 | + | 3. Following this assessment and treatment 23 |
|---|
| 11067 | + | period, an assessment report shall be sent to 24 |
|---|
| 11068 | + | the sentencing court and the sentencing court 25 |
|---|
| 11069 | + | may, if appropriate, release the offender on 26 |
|---|
| 11070 | + | probation. The offender shall be supervised on 27 |
|---|
| 11071 | + | probation by a state probation and parole 28 |
|---|
| 11072 | + | officer, who shall work cooperatively with the 29 |
|---|
| 11073 | + | department of mental health to enroll eligible 30 |
|---|
| 11074 | + | offenders in community psychiatric 31 |
|---|
| 11075 | + | rehabilitation (CPR) programs. 32 |
|---|
| 11076 | + | 4. Notwithstanding any other provision of 33 |
|---|
| 11077 | + | law, probation shall not be granted under this 34 |
|---|
| 11078 | + | section to offenders who: 35 |
|---|
| 11079 | + | (1) Have been found guilty of, or plead 36 |
|---|
| 11080 | + | guilty to, murder in the second degree under 37 |
|---|
| 11081 | + | section 565.021; 38 |
|---|
| 11082 | + | (2) Have been found guilty of, or plead 39 |
|---|
| 11083 | + | guilty to, rape in the first degree under 40 |
|---|
| 11084 | + | section 566.030 or forcible rape un der section 41 |
|---|
| 11085 | + | 566.030 as it existed prior to August 28, 2013; 42 |
|---|
| 11086 | + | (3) Have been found guilty of, or plead 43 |
|---|
| 11087 | + | guilty to, statutory rape in the first degree 44 |
|---|
| 11088 | + | under section 566.032; 45 |
|---|
| 11089 | + | (4) Have been found guilty of, or plead 46 |
|---|
| 11090 | + | guilty to, sodomy in the first degree under 47 |
|---|
| 11091 | + | section 566.060 or forcible sodomy under section 48 |
|---|
| 11092 | + | 566.060 as it existed prior to August 28, 2013; 49 |
|---|
| 11093 | + | (5) Have been found guilty of, or plead 50 |
|---|
| 11094 | + | guilty to, statutory sodomy in the first degree 51 |
|---|
| 11095 | + | under section 566.062; 52 |
|---|
| 11096 | + | (6) Have been found guilty of, or plead 53 |
|---|
| 11097 | + | guilty to, child molestation in the first degree 54 SB 757 291 |
|---|
| 11098 | + | under section 566.067 when classified as a class 55 |
|---|
| 11099 | + | A felony; 56 |
|---|
| 11100 | + | (7) Have been found to be a predatory 57 |
|---|
| 11101 | + | sexual offender under section 566.125; or 58 |
|---|
| 11102 | + | (8) Have been found guilty of, or plead 59 |
|---|
| 11103 | + | guilty to, any offense for which there exists a 60 |
|---|
| 11104 | + | statutory prohibition against either probation 61 |
|---|
| 11105 | + | or parole. 62 |
|---|
| 11106 | + | 5. At the end of the three -year pilot, the 63 |
|---|
| 11107 | + | director of the department of corrections and 64 |
|---|
| 11108 | + | the director of the department of mental health 65 |
|---|
| 11109 | + | shall jointly submit recommendations to the 66 |
|---|
| 11110 | + | governor and to the general assembly by December 67 |
|---|
| 11111 | + | 31, 2015, on whether to expand the process 68 |
|---|
| 11112 | + | statewide.] 69 |
|---|
| 11113 | + | [595.202. 1. There is hereby created the 1 |
|---|
| 11114 | + | "Missouri Rights of Victims of Sex ual Assault 2 |
|---|
| 11115 | + | Task Force" to consist of the following members: 3 |
|---|
| 11116 | + | (1) The following four members of the 4 |
|---|
| 11117 | + | general assembly: 5 |
|---|
| 11118 | + | (a) Two members of the senate, with no 6 |
|---|
| 11119 | + | more than one member from the same political 7 |
|---|
| 11120 | + | party and each member to be appointed b y the 8 |
|---|
| 11121 | + | president pro tempore of the senate; and 9 |
|---|
| 11122 | + | (b) Two members of the house of 10 |
|---|
| 11123 | + | representatives, with no more than one member 11 |
|---|
| 11124 | + | from the same political party and each member to 12 |
|---|
| 11125 | + | be appointed by the speaker of the house of 13 |
|---|
| 11126 | + | representatives; 14 |
|---|
| 11127 | + | (2) The director of the department of 15 |
|---|
| 11128 | + | health and senior services or his or her 16 |
|---|
| 11129 | + | designee; 17 |
|---|
| 11130 | + | (3) A private citizen appointed by the 18 |
|---|
| 11131 | + | governor; 19 |
|---|
| 11132 | + | (4) A representative of a statewide 20 |
|---|
| 11133 | + | coalition against domestic and sexual violence 21 |
|---|
| 11134 | + | appointed by the gover nor; 22 |
|---|
| 11135 | + | (5) A representative of rape crisis 23 |
|---|
| 11136 | + | centers appointed by the governor; 24 |
|---|
| 11137 | + | (6) The superintendent of the Missouri 25 |
|---|
| 11138 | + | highway patrol or his or her designee; 26 |
|---|
| 11139 | + | (7) A law enforcement officer appointed by 27 |
|---|
| 11140 | + | the governor; 28 SB 757 292 |
|---|
| 11141 | + | (8) The director of the Missouri highway 29 |
|---|
| 11142 | + | patrol crime lab or his or her designee; 30 |
|---|
| 11143 | + | (9) An attorney appointed by the governor; 31 |
|---|
| 11144 | + | and 32 |
|---|
| 11145 | + | (10) A representative of the Missouri 33 |
|---|
| 11146 | + | Hospital Association. 34 |
|---|
| 11147 | + | 2. The task force shall study nationally 35 |
|---|
| 11148 | + | recognized best practi ces and make 36 |
|---|
| 11149 | + | recommendations regarding: 37 |
|---|
| 11150 | + | (1) The development and implementation of 38 |
|---|
| 11151 | + | an effective mechanism for submitting, tracking, 39 |
|---|
| 11152 | + | and investigating complaints regarding the 40 |
|---|
| 11153 | + | handling of, or response to, a sexual assault 41 |
|---|
| 11154 | + | report or investigation b y any agency or 42 |
|---|
| 11155 | + | organization involved in the response; 43 |
|---|
| 11156 | + | (2) The development of documentation for 44 |
|---|
| 11157 | + | medical providers and law enforcement officers, 45 |
|---|
| 11158 | + | in conjunction with the department of public 46 |
|---|
| 11159 | + | safety, to provide to survivors informing them 47 |
|---|
| 11160 | + | of their rights pursuant to section 595.201; 48 |
|---|
| 11161 | + | (3) Whether a need exists for additional 49 |
|---|
| 11162 | + | employees or volunteers of a rape crisis center 50 |
|---|
| 11163 | + | for victims of sexual assault, and if such a 51 |
|---|
| 11164 | + | need does exist, the task force shall: 52 |
|---|
| 11165 | + | (a) Create a plan for how the st ate can 53 |
|---|
| 11166 | + | provide, in conjunction with rape crisis 54 |
|---|
| 11167 | + | centers, victims' advocates organizations, and 55 |
|---|
| 11168 | + | the department of health and senior services, 56 |
|---|
| 11169 | + | additional employees or volunteers of a rape 57 |
|---|
| 11170 | + | crisis center to meet the needs identified; and 58 |
|---|
| 11171 | + | (b) Determine the cost of funding such a 59 |
|---|
| 11172 | + | plan; 60 |
|---|
| 11173 | + | (4) Whether a need exists to expand the 61 |
|---|
| 11174 | + | right to an employee or volunteer of a rape 62 |
|---|
| 11175 | + | crisis center beyond the medical examination and 63 |
|---|
| 11176 | + | law enforcement interview settings, and if such 64 |
|---|
| 11177 | + | a need does exist, the task force shall: 65 |
|---|
| 11178 | + | (a) Identify the scope and nature of the 66 |
|---|
| 11179 | + | need; and 67 |
|---|
| 11180 | + | (b) Make recommendations on how best to 68 |
|---|
| 11181 | + | fill that need, whether legislatively or 69 |
|---|
| 11182 | + | otherwise; 70 |
|---|
| 11183 | + | (5) Whether a need exists to provide for 71 |
|---|
| 11184 | + | ongoing evaluation of the implementa tion of 72 SB 757 293 |
|---|
| 11185 | + | these rights, and if such a need does exist, the 73 |
|---|
| 11186 | + | task force shall: 74 |
|---|
| 11187 | + | (a) Identify the scope and nature of the 75 |
|---|
| 11188 | + | need; and 76 |
|---|
| 11189 | + | (b) Make recommendations on how best to 77 |
|---|
| 11190 | + | fill that need, whether legislatively or 78 |
|---|
| 11191 | + | otherwise. 79 |
|---|
| 11192 | + | 3. The task force shall: 80 |
|---|
| 11193 | + | (1) Collect data regarding sexual assault 81 |
|---|
| 11194 | + | reporting, arrests, prosecution rates, access to 82 |
|---|
| 11195 | + | sexual assault victims services, and any other 83 |
|---|
| 11196 | + | data important for its deliberations and 84 |
|---|
| 11197 | + | recommendations; and 85 |
|---|
| 11198 | + | (2) Collect feedback from stak eholders, 86 |
|---|
| 11199 | + | practitioners, and leadership throughout the 87 |
|---|
| 11200 | + | state and local law enforcement, victim 88 |
|---|
| 11201 | + | services, forensic science practitioners, and 89 |
|---|
| 11202 | + | health care communities to inform development of 90 |
|---|
| 11203 | + | future best practices or clinical guidelines 91 |
|---|
| 11204 | + | regarding the care and treatment of survivors. 92 |
|---|
| 11205 | + | 4. The department of public safety shall 93 |
|---|
| 11206 | + | provide administrative support to the task force. 94 |
|---|
| 11207 | + | 5. On or before December 31, 2021, the 95 |
|---|
| 11208 | + | task force shall submit a report on its findings 96 |
|---|
| 11209 | + | to the governor and general as sembly. The 97 |
|---|
| 11210 | + | report shall include any dissenting opinions in 98 |
|---|
| 11211 | + | addition to any majority opinions. 99 |
|---|
| 11212 | + | 6. The task force shall expire on December 100 |
|---|
| 11213 | + | 31, 2021.] 101 |
|---|
| 11214 | + | [620.1910. 1. This section shall be known 1 |
|---|
| 11215 | + | and may be cited as the "Manufact uring Jobs Act". 2 |
|---|
| 11216 | + | 2. As used in this section, the following 3 |
|---|
| 11217 | + | terms mean: 4 |
|---|
| 11218 | + | (1) "Approval", a document submitted by 5 |
|---|
| 11219 | + | the department to the qualified manufacturing 6 |
|---|
| 11220 | + | company or qualified supplier that states the 7 |
|---|
| 11221 | + | benefits that may be provided under t his section; 8 |
|---|
| 11222 | + | (2) "Capital investment", expenditures 9 |
|---|
| 11223 | + | made by a qualified manufacturing company to 10 |
|---|
| 11224 | + | retool or reconfigure a manufacturing facility 11 |
|---|
| 11225 | + | directly related to the manufacturing of a new 12 |
|---|
| 11226 | + | product or the expansion or modification of the 13 |
|---|
| 11227 | + | manufacture of an existing product; 14 SB 757 294 |
|---|
| 11228 | + | (3) "County average wage", the same 15 |
|---|
| 11229 | + | meaning as such term is defined in section 16 |
|---|
| 11230 | + | 620.1878; 17 |
|---|
| 11231 | + | (4) "Department", the department of 18 |
|---|
| 11232 | + | economic development; 19 |
|---|
| 11233 | + | (5) "Facility", a building or buildings 20 |
|---|
| 11234 | + | located in Missouri at which the qualified 21 |
|---|
| 11235 | + | manufacturing company manufactures a product; 22 |
|---|
| 11236 | + | (6) "Full-time job", a job for which a 23 |
|---|
| 11237 | + | person is compensated for an average of at least 24 |
|---|
| 11238 | + | thirty-five hours per week for a twelve -month 25 |
|---|
| 11239 | + | period, and one for which the qualified 26 |
|---|
| 11240 | + | manufacturing company or qualified supplier 27 |
|---|
| 11241 | + | offers health insurance and pays at least fifty 28 |
|---|
| 11242 | + | percent of such insurance premiums; 29 |
|---|
| 11243 | + | (7) "NAICS industry classification", the 30 |
|---|
| 11244 | + | most recent edition of the North American 31 |
|---|
| 11245 | + | Industry Classification System as prepared by 32 |
|---|
| 11246 | + | the Executive Office of the President, Office of 33 |
|---|
| 11247 | + | Management and Budget; 34 |
|---|
| 11248 | + | (8) "New job", the same meaning as such 35 |
|---|
| 11249 | + | term is defined in section 620.1878; 36 |
|---|
| 11250 | + | (9) "New product", a new model or line of 37 |
|---|
| 11251 | + | a manufactured good that has not been 38 |
|---|
| 11252 | + | manufactured in Missouri by the qualified 39 |
|---|
| 11253 | + | manufacturing company at any time prior to the 40 |
|---|
| 11254 | + | date of the notice of intent, or an existing 41 |
|---|
| 11255 | + | brand, model, or line of a manufactured good 42 |
|---|
| 11256 | + | that is redesigned with more than seventy -five 43 |
|---|
| 11257 | + | percent new exterior bo dy parts and incorporates 44 |
|---|
| 11258 | + | new powertrain options; 45 |
|---|
| 11259 | + | (10) "Notice of intent", a form developed 46 |
|---|
| 11260 | + | by the department, completed by the qualified 47 |
|---|
| 11261 | + | manufacturing company or qualified supplier and 48 |
|---|
| 11262 | + | submitted to the department which states the 49 |
|---|
| 11263 | + | qualified manufacturing company's or qualified 50 |
|---|
| 11264 | + | supplier's intent to create new jobs or retain 51 |
|---|
| 11265 | + | current jobs and make additional capital 52 |
|---|
| 11266 | + | investment, as applicable, and request benefits 53 |
|---|
| 11267 | + | under this section. The notice of intent shall 54 |
|---|
| 11268 | + | specify the minimum number of such new or 55 |
|---|
| 11269 | + | retained jobs and the minimum amount of such 56 |
|---|
| 11270 | + | capital investment; 57 SB 757 295 |
|---|
| 11271 | + | (11) "Qualified manufacturing company", a 58 |
|---|
| 11272 | + | business with a NAICS code of 33611 that: 59 |
|---|
| 11273 | + | (a) Manufactures goods at a facility in 60 |
|---|
| 11274 | + | Missouri; 61 |
|---|
| 11275 | + | (b) In the case of the manu facture of a 62 |
|---|
| 11276 | + | new product, commits to make a capital 63 |
|---|
| 11277 | + | investment of at least seventy -five thousand 64 |
|---|
| 11278 | + | dollars per retained job within no more than two 65 |
|---|
| 11279 | + | years of the date the qualified manufacturing 66 |
|---|
| 11280 | + | company begins to retain withholding tax under 67 |
|---|
| 11281 | + | this section, or in the case of the modification 68 |
|---|
| 11282 | + | or expansion of the manufacture of an existing 69 |
|---|
| 11283 | + | product, commits to make a capital investment of 70 |
|---|
| 11284 | + | at least fifty thousand dollars per retained job 71 |
|---|
| 11285 | + | within no more than two years of the date the 72 |
|---|
| 11286 | + | qualified manufacturin g company begins to retain 73 |
|---|
| 11287 | + | withholding tax under this section; 74 |
|---|
| 11288 | + | (c) Manufactures a new product or has 75 |
|---|
| 11289 | + | commenced making capital improvements to the 76 |
|---|
| 11290 | + | facility necessary for the manufacturing of such 77 |
|---|
| 11291 | + | new product, or modifies or expands the 78 |
|---|
| 11292 | + | manufacture of an existing product or has 79 |
|---|
| 11293 | + | commenced making capital improvements to the 80 |
|---|
| 11294 | + | facility necessary for the modification or 81 |
|---|
| 11295 | + | expansion of the manufacture of such existing 82 |
|---|
| 11296 | + | product; and 83 |
|---|
| 11297 | + | (d) Continues to meet the requirements of 84 |
|---|
| 11298 | + | paragraphs (a) to (c) of this subdivision for 85 |
|---|
| 11299 | + | the withholding period; 86 |
|---|
| 11300 | + | (12) "Qualified supplier", a manufacturing 87 |
|---|
| 11301 | + | company that: 88 |
|---|
| 11302 | + | (a) Attests to the department that it 89 |
|---|
| 11303 | + | derives more than ten percent of the total 90 |
|---|
| 11304 | + | annual sales of the company from sales to a 91 |
|---|
| 11305 | + | qualified manufacturing company; 92 |
|---|
| 11306 | + | (b) Adds five or more new jobs; 93 |
|---|
| 11307 | + | (c) Has an average wage, as defined in 94 |
|---|
| 11308 | + | section 135.950, for such new jobs that are 95 |
|---|
| 11309 | + | equal to or exceed the lower of the county 96 |
|---|
| 11310 | + | average wage for Missouri as determined by the 97 |
|---|
| 11311 | + | department using NAICS industry classifications, 98 |
|---|
| 11312 | + | but not lower than sixty percent of the 99 |
|---|
| 11313 | + | statewide average wage; and 100 SB 757 296 |
|---|
| 11314 | + | (d) Provides health insurance for all full - 101 |
|---|
| 11315 | + | time jobs and pays at least fifty percent of the 102 |
|---|
| 11316 | + | premiums of such insurance; 103 |
|---|
| 11317 | + | (13) "Retained job", the number of full - 104 |
|---|
| 11318 | + | time jobs of persons employed by the qualified 105 |
|---|
| 11319 | + | manufacturing company located at the facility 106 |
|---|
| 11320 | + | that existed as of the last working day of the 107 |
|---|
| 11321 | + | month immediately preceding the month in which 108 |
|---|
| 11322 | + | notice of intent is submitted; 109 |
|---|
| 11323 | + | (14) "Statewide average wage", an amount 110 |
|---|
| 11324 | + | equal to the quotient of the sum of the total 111 |
|---|
| 11325 | + | gross wages paid for the corresponding four 112 |
|---|
| 11326 | + | calendar quarters divided by the average annual 113 |
|---|
| 11327 | + | employment for such four calendar quarters, 114 |
|---|
| 11328 | + | which shall be computed using t he Quarterly 115 |
|---|
| 11329 | + | Census of Employment and Wages Data for All 116 |
|---|
| 11330 | + | Private Ownership Businesses in Missouri, as 117 |
|---|
| 11331 | + | published by the Bureau of Labor Statistics of 118 |
|---|
| 11332 | + | the United States Department of Labor; 119 |
|---|
| 11333 | + | (15) "Withholding period", the seven - or 120 |
|---|
| 11334 | + | ten-year period in which a qualified 121 |
|---|
| 11335 | + | manufacturing company may receive benefits under 122 |
|---|
| 11336 | + | this section; 123 |
|---|
| 11337 | + | (16) "Withholding tax", the same meaning 124 |
|---|
| 11338 | + | as such term is defined in section 620.1878. 125 |
|---|
| 11339 | + | 3. The department shall respond within 126 |
|---|
| 11340 | + | thirty days to a qualified manu facturing company 127 |
|---|
| 11341 | + | or a qualified supplier who provides a notice of 128 |
|---|
| 11342 | + | intent with either an approval or a rejection of 129 |
|---|
| 11343 | + | the notice of intent. Failure to respond on 130 |
|---|
| 11344 | + | behalf of the department shall result in the 131 |
|---|
| 11345 | + | notice of intent being deemed an approval for 132 |
|---|
| 11346 | + | the purposes of this section. 133 |
|---|
| 11347 | + | 4. A qualified manufacturing company that 134 |
|---|
| 11348 | + | manufactures a new product may, upon the 135 |
|---|
| 11349 | + | department's approval of a notice of intent and 136 |
|---|
| 11350 | + | the execution of an agreement that meets the 137 |
|---|
| 11351 | + | requirements of subsection 9 of this s ection, 138 |
|---|
| 11352 | + | but no earlier than January 1, 2012, retain one 139 |
|---|
| 11353 | + | hundred percent of the withholding tax from full - 140 |
|---|
| 11354 | + | time jobs at the facility for a period of ten 141 |
|---|
| 11355 | + | years. A qualified manufacturing company that 142 |
|---|
| 11356 | + | modifies or expands the manufacture of an 143 |
|---|
| 11357 | + | existing product may, upon the department's 144 SB 757 297 |
|---|
| 11358 | + | approval of a notice of intent and the execution 145 |
|---|
| 11359 | + | of an agreement that meets the requirements of 146 |
|---|
| 11360 | + | subsection 9 of this section, but no earlier 147 |
|---|
| 11361 | + | than January 1, 2012, retain fifty percent of 148 |
|---|
| 11362 | + | the withholding tax from full -time jobs at the 149 |
|---|
| 11363 | + | facility for a period of seven years. Except as 150 |
|---|
| 11364 | + | otherwise allowed under subsection 7 of this 151 |
|---|
| 11365 | + | section, the commencement of the withholding 152 |
|---|
| 11366 | + | period may be delayed by no more than twenty - 153 |
|---|
| 11367 | + | four months after execution of the agreement at 154 |
|---|
| 11368 | + | the option of the qualified manufacturing 155 |
|---|
| 11369 | + | company. Such qualified manufacturing company 156 |
|---|
| 11370 | + | shall be eligible for participation in the 157 |
|---|
| 11371 | + | Missouri quality jobs program in sections 158 |
|---|
| 11372 | + | 620.1875 to 620.1890 for any new jobs for which 159 |
|---|
| 11373 | + | it does not retain withholding tax under this 160 |
|---|
| 11374 | + | section, provided all qualifications for such 161 |
|---|
| 11375 | + | program are met. 162 |
|---|
| 11376 | + | 5. A qualified supplier may, upon approval 163 |
|---|
| 11377 | + | of a notice of intent by the department, retain 164 |
|---|
| 11378 | + | all withholding tax from new jobs for a period 165 |
|---|
| 11379 | + | of three years from the date of approval of the 166 |
|---|
| 11380 | + | notice of intent or for a period of five years 167 |
|---|
| 11381 | + | if the supplier pays wages for the new jobs 168 |
|---|
| 11382 | + | equal to or greater than one hundred twenty 169 |
|---|
| 11383 | + | percent of county average wage. Notwithstanding 170 |
|---|
| 11384 | + | any other provision of law to the contrary, a 171 |
|---|
| 11385 | + | qualified supplier that is awarded benefits 172 |
|---|
| 11386 | + | under this section shall not receive any tax 173 |
|---|
| 11387 | + | credit or exemption or be entitled to retain 174 |
|---|
| 11388 | + | withholding under sections 100.700 to 100.850, 175 |
|---|
| 11389 | + | sections 135.100 to 135.150, sections 135.200 to 176 |
|---|
| 11390 | + | 135.286, section 135. 535, sections 135.900 to 177 |
|---|
| 11391 | + | 135.906, sections 135.950 to 135.970, or section 178 |
|---|
| 11392 | + | 620.1881 for the same jobs. 179 |
|---|
| 11393 | + | 6. Notwithstanding any other provision of 180 |
|---|
| 11394 | + | law to the contrary, the maximum amount of 181 |
|---|
| 11395 | + | withholding tax that may be retained by any one 182 |
|---|
| 11396 | + | qualified manufacturing company under this 183 |
|---|
| 11397 | + | section shall not exceed ten million dollars per 184 |
|---|
| 11398 | + | calendar year. The aggregate amount of 185 |
|---|
| 11399 | + | withholding tax that may be retained by all 186 |
|---|
| 11400 | + | qualified manufacturing companies under this 187 SB 757 298 |
|---|
| 11401 | + | section shall not exceed fifteen million dollars 188 |
|---|
| 11402 | + | per calendar year. 189 |
|---|
| 11403 | + | 7. Notwithstanding any other provision of 190 |
|---|
| 11404 | + | law to the contrary, any qualified manufacturing 191 |
|---|
| 11405 | + | company that is awarded benefits under this 192 |
|---|
| 11406 | + | section shall not simultaneously receive tax 193 |
|---|
| 11407 | + | credits or exemptions under sections 100.700 to 194 |
|---|
| 11408 | + | 100.850, sections 135.100 to 135.150, sections 195 |
|---|
| 11409 | + | 135.200 to 135.286, section 135.535, or sections 196 |
|---|
| 11410 | + | 135.900 to 135.906 for the jobs created or 197 |
|---|
| 11411 | + | retained or capital improvement which qualified 198 |
|---|
| 11412 | + | for benefits under this section. The benefits 199 |
|---|
| 11413 | + | available to the qualified manufacturing company 200 |
|---|
| 11414 | + | under any other state programs for which the 201 |
|---|
| 11415 | + | qualified manufacturing company is eligible and 202 |
|---|
| 11416 | + | which utilize withholding tax from the jobs at 203 |
|---|
| 11417 | + | the facility shall first be credited to the 204 |
|---|
| 11418 | + | other state program bef ore the applicable 205 |
|---|
| 11419 | + | withholding period for benefits provided under 206 |
|---|
| 11420 | + | this section shall begin. These other state 207 |
|---|
| 11421 | + | programs include, but are not limited to, the 208 |
|---|
| 11422 | + | Missouri works jobs training program under 209 |
|---|
| 11423 | + | sections 620.800 to 620.809, the real property 210 |
|---|
| 11424 | + | tax increment allocation redevelopment act under 211 |
|---|
| 11425 | + | sections 99.800 to 99.865, or the Missouri 212 |
|---|
| 11426 | + | downtown and rural economic stimulus act under 213 |
|---|
| 11427 | + | sections 99.915 to 99.980. If any qualified 214 |
|---|
| 11428 | + | manufacturing company also participates in the 215 |
|---|
| 11429 | + | Missouri works jobs tra ining program in sections 216 |
|---|
| 11430 | + | 620.800 to 620.809, such qualified manufacturing 217 |
|---|
| 11431 | + | company shall not retain any withholding tax 218 |
|---|
| 11432 | + | that has already been allocated for use in the 219 |
|---|
| 11433 | + | new jobs training program. Any qualified 220 |
|---|
| 11434 | + | manufacturing company or qualified supplie r that 221 |
|---|
| 11435 | + | is awarded benefits under this program and 222 |
|---|
| 11436 | + | knowingly hires individuals who are not allowed 223 |
|---|
| 11437 | + | to work legally in the United States shall 224 |
|---|
| 11438 | + | immediately forfeit such benefits and shall 225 |
|---|
| 11439 | + | repay the state an amount equal to any 226 |
|---|
| 11440 | + | withholding taxes already retained. Subsection 227 |
|---|
| 11441 | + | 5 of section 285.530 shall not apply to 228 |
|---|
| 11442 | + | qualified manufacturing companies or qualified 229 |
|---|
| 11443 | + | suppliers which are awarded benefits under this 230 |
|---|
| 11444 | + | program. 231 SB 757 299 |
|---|
| 11445 | + | 8. The department may promulgate rules to 232 |
|---|
| 11446 | + | implement the provisions of this sect ion. Any 233 |
|---|
| 11447 | + | rule or portion of a rule, as that term is 234 |
|---|
| 11448 | + | defined in section 536.010, that is created 235 |
|---|
| 11449 | + | under the authority delegated in this section 236 |
|---|
| 11450 | + | shall become effective only if it complies with 237 |
|---|
| 11451 | + | and is subject to all of the provisions of 238 |
|---|
| 11452 | + | chapter 536 and, if applicable, section 239 |
|---|
| 11453 | + | 536.028. This section and chapter 536 are 240 |
|---|
| 11454 | + | nonseverable and if any of the powers vested 241 |
|---|
| 11455 | + | with the general assembly under chapter 536 to 242 |
|---|
| 11456 | + | review, to delay the effective date, or to 243 |
|---|
| 11457 | + | disapprove and annul a rule are subsequently 244 |
|---|
| 11458 | + | held unconstitutional, then the grant of 245 |
|---|
| 11459 | + | rulemaking authority and any rule proposed or 246 |
|---|
| 11460 | + | adopted after the effective date of this section 247 |
|---|
| 11461 | + | shall be invalid and void. 248 |
|---|
| 11462 | + | 9. Within six months of completion of a 249 |
|---|
| 11463 | + | notice of intent required under this section, 250 |
|---|
| 11464 | + | the qualified manufacturing company shall enter 251 |
|---|
| 11465 | + | into an agreement with the department that 252 |
|---|
| 11466 | + | memorializes the content of the notice of 253 |
|---|
| 11467 | + | intent, the requirements of this section, and 254 |
|---|
| 11468 | + | the consequences for failing to meet such 255 |
|---|
| 11469 | + | requirements, which shall inc lude the following: 256 |
|---|
| 11470 | + | (1) If the amount of capital investment 257 |
|---|
| 11471 | + | made by the qualified manufacturing company is 258 |
|---|
| 11472 | + | not made within the two -year period provided for 259 |
|---|
| 11473 | + | such investment, the qualified manufacturing 260 |
|---|
| 11474 | + | company shall immediately cease retaining any 261 |
|---|
| 11475 | + | withholding tax with respect to jobs at the 262 |
|---|
| 11476 | + | facility and it shall forfeit all rights to 263 |
|---|
| 11477 | + | retain withholding tax for the remainder of the 264 |
|---|
| 11478 | + | withholding period. In addition, the qualified 265 |
|---|
| 11479 | + | manufacturing company shall repay any amounts of 266 |
|---|
| 11480 | + | withholding tax retained plus interest of five 267 |
|---|
| 11481 | + | percent per annum. However, in the event that 268 |
|---|
| 11482 | + | such capital investment shortfall is due to 269 |
|---|
| 11483 | + | economic conditions beyond the control of the 270 |
|---|
| 11484 | + | qualified manufacturing company, the director 271 |
|---|
| 11485 | + | may, at the qualified manufacturing c ompany's 272 |
|---|
| 11486 | + | request, suspend rather than terminate its 273 |
|---|
| 11487 | + | privilege to retain withholding tax under this 274 |
|---|
| 11488 | + | section for up to three years. Any such 275 SB 757 300 |
|---|
| 11489 | + | suspension shall extend the withholding period 276 |
|---|
| 11490 | + | by the same amount of time. No more than one 277 |
|---|
| 11491 | + | such suspension shall be granted to a qualified 278 |
|---|
| 11492 | + | manufacturing company; 279 |
|---|
| 11493 | + | (2) If the qualified manufacturing company 280 |
|---|
| 11494 | + | discontinues the manufacturing of the new 281 |
|---|
| 11495 | + | product and does not replace it with a 282 |
|---|
| 11496 | + | subsequent or additional new product 283 |
|---|
| 11497 | + | manufactured at the facility a t any time during 284 |
|---|
| 11498 | + | the withholding period, the qualified 285 |
|---|
| 11499 | + | manufacturing company shall immediately cease 286 |
|---|
| 11500 | + | retaining any withholding tax with respect to 287 |
|---|
| 11501 | + | jobs at that facility and it shall forfeit all 288 |
|---|
| 11502 | + | rights to retain withholding tax for the 289 |
|---|
| 11503 | + | remainder of the withholding period. 290 |
|---|
| 11504 | + | 10. Prior to March first each year, the 291 |
|---|
| 11505 | + | department shall provide a report to the general 292 |
|---|
| 11506 | + | assembly including the names of participating 293 |
|---|
| 11507 | + | qualified manufacturing companies or qualified 294 |
|---|
| 11508 | + | suppliers, location of such companies or 295 |
|---|
| 11509 | + | suppliers, the annual amount of benefits 296 |
|---|
| 11510 | + | provided, the estimated net state fiscal impact 297 |
|---|
| 11511 | + | including direct and indirect new state taxes 298 |
|---|
| 11512 | + | derived, and the number of new jobs created or 299 |
|---|
| 11513 | + | jobs retained. 300 |
|---|
| 11514 | + | 11. Under section 23.253 of the Missouri 301 |
|---|
| 11515 | + | sunset act: 302 |
|---|
| 11516 | + | (1) The provisions of the new program 303 |
|---|
| 11517 | + | authorized under this section shall 304 |
|---|
| 11518 | + | automatically sunset October 12, 2016, unless 305 |
|---|
| 11519 | + | reauthorized by an act of the general assembly; 306 |
|---|
| 11520 | + | and 307 |
|---|
| 11521 | + | (2) If such program is reauthorized, the 308 |
|---|
| 11522 | + | program authorized u nder this section shall 309 |
|---|
| 11523 | + | automatically sunset twelve years after the 310 |
|---|
| 11524 | + | effective date of the reauthorization of this 311 |
|---|
| 11525 | + | section; and 312 |
|---|
| 11526 | + | (3) This section shall terminate on 313 |
|---|
| 11527 | + | September first of the calendar year immediately 314 |
|---|
| 11528 | + | following the calendar year in wh ich the program 315 |
|---|
| 11529 | + | authorized under this section is sunset. ] 316 |
|---|
| 11530 | + | [620.2100. 1. There is hereby established 1 |
|---|
| 11531 | + | the "Ozark Exploration Bicentennial Commission". 2 SB 757 301 |
|---|
| 11532 | + | 2. The commission shall consist of the 3 |
|---|
| 11533 | + | following members: 4 |
|---|
| 11534 | + | (1) Two representatives appointed by the 5 |
|---|
| 11535 | + | speaker of the house of representatives; 6 |
|---|
| 11536 | + | (2) Two senators appointed by the 7 |
|---|
| 11537 | + | president pro tempore of the senate; 8 |
|---|
| 11538 | + | (3) One faculty member of Missouri State 9 |
|---|
| 11539 | + | University appointed by university leadership; 10 |
|---|
| 11540 | + | (4) The director of the division of 11 |
|---|
| 11541 | + | tourism or his or her designee; 12 |
|---|
| 11542 | + | (5) Two members representing historical 13 |
|---|
| 11543 | + | societies within the area of exploration, one 14 |
|---|
| 11544 | + | appointed by the speaker of the house of 15 |
|---|
| 11545 | + | representatives and one appointed by the 16 |
|---|
| 11546 | + | president pro tempore of the senate; 17 |
|---|
| 11547 | + | (6) Two members of the public appointed by 18 |
|---|
| 11548 | + | the speaker of the house of representatives; and 19 |
|---|
| 11549 | + | (7) Two members of the public appointed by 20 |
|---|
| 11550 | + | the president pro tempore of the senate. 21 |
|---|
| 11551 | + | 3. Members of the commission shall be 22 |
|---|
| 11552 | + | appointed by October 1, 2017. 23 |
|---|
| 11553 | + | 4. Members of the commission shall serve 24 |
|---|
| 11554 | + | without compensation. The division of tourism 25 |
|---|
| 11555 | + | shall provide administrative support for the 26 |
|---|
| 11556 | + | commission. 27 |
|---|
| 11557 | + | 5. There is hereby established in the 28 |
|---|
| 11558 | + | state treasury the "Ozark E xploration 29 |
|---|
| 11559 | + | Bicentennial Fund" to be held separate and apart 30 |
|---|
| 11560 | + | from all other public moneys and funds of the 31 |
|---|
| 11561 | + | state. The fund may accept state and federal 32 |
|---|
| 11562 | + | appropriations, grants, bequests, gifts, fees, 33 |
|---|
| 11563 | + | and awards to be held for use by the Ozark 34 |
|---|
| 11564 | + | exploration bicentennial commission. 35 |
|---|
| 11565 | + | Notwithstanding the provisions of section 33.080 36 |
|---|
| 11566 | + | to the contrary, moneys remaining in the fund at 37 |
|---|
| 11567 | + | the end of any biennium shall not revert to 38 |
|---|
| 11568 | + | general revenue. The state treasurer shall be 39 |
|---|
| 11569 | + | custodian of the fund. In accordance with 40 |
|---|
| 11570 | + | sections 30.170 and 30.180, the state treasurer 41 |
|---|
| 11571 | + | may approve disbursements. The state treasurer 42 |
|---|
| 11572 | + | shall invest moneys in the fund in the same 43 |
|---|
| 11573 | + | manner as other funds are invested. Any 44 |
|---|
| 11574 | + | interest and moneys earned on such investments 45 |
|---|
| 11575 | + | shall be credited to the fund. 46 SB 757 302 |
|---|
| 11576 | + | 6. The duties of the commission shall 47 |
|---|
| 11577 | + | include, but not be limited to: 48 |
|---|
| 11578 | + | (1) Organizing and coordinating efforts 49 |
|---|
| 11579 | + | relating to the bicentennial celebration of the 50 |
|---|
| 11580 | + | exploration of the Ozarks in 1819; and 51 |
|---|
| 11581 | + | (2) Promoting public awareness of the 52 |
|---|
| 11582 | + | importance and cultural significance of the 53 |
|---|
| 11583 | + | exploration to Missouri history. 54 |
|---|
| 11584 | + | 7. The commission shall be dissolved and 55 |
|---|
| 11585 | + | the provisions of this section shall expire on 56 |
|---|
| 11586 | + | June 30, 2019.] 57 |
|---|
| 11587 | + | [620.2600. 1. This section shall be known 1 |
|---|
| 11588 | + | and may be cited as the "Innovation Campus Tax 2 |
|---|
| 11589 | + | Credit Act". 3 |
|---|
| 11590 | + | 2. As used in this section, the following 4 |
|---|
| 11591 | + | terms mean: 5 |
|---|
| 11592 | + | (1) "Certificate", a tax credit 6 |
|---|
| 11593 | + | certificate issued under this section; 7 |
|---|
| 11594 | + | (2) "Department", the Missouri department 8 |
|---|
| 11595 | + | of economic development; 9 |
|---|
| 11596 | + | (3) "Eligible donation", donations 10 |
|---|
| 11597 | + | received from a taxpayer by innovation campuses 11 |
|---|
| 11598 | + | that are to be used solely for projects that 12 |
|---|
| 11599 | + | advance learning in the areas of science, 13 |
|---|
| 11600 | + | technology, engineering, and mathematic s. 14 |
|---|
| 11601 | + | Eligible donations may include cash, publicly 15 |
|---|
| 11602 | + | traded stocks and bonds, and real estate that 16 |
|---|
| 11603 | + | shall and will be valued and documented 17 |
|---|
| 11604 | + | according to the rules promulgated by the 18 |
|---|
| 11605 | + | department of economic development; 19 |
|---|
| 11606 | + | (4) "Innovation education campu s" or 20 |
|---|
| 11607 | + | "innovation campus", as defined in section 21 |
|---|
| 11608 | + | 178.1100, an educational partnership consisting 22 |
|---|
| 11609 | + | of at least one of each of the following 23 |
|---|
| 11610 | + | entities: 24 |
|---|
| 11611 | + | (a) A local Missouri high school or K -12 25 |
|---|
| 11612 | + | school district; 26 |
|---|
| 11613 | + | (b) A Missouri four-year public or private 27 |
|---|
| 11614 | + | higher education institution; 28 |
|---|
| 11615 | + | (c) A Missouri-based business or 29 |
|---|
| 11616 | + | businesses; and 30 SB 757 303 |
|---|
| 11617 | + | (d) A Missouri two-year public higher 31 |
|---|
| 11618 | + | education institution or state technical college 32 |
|---|
| 11619 | + | of Missouri; 33 |
|---|
| 11620 | + | (5) "Taxpayer", any of the following 34 |
|---|
| 11621 | + | individuals or entities who make an eligible 35 |
|---|
| 11622 | + | donation to any innovation campus: 36 |
|---|
| 11623 | + | (a) A person, firm, partner in a firm, 37 |
|---|
| 11624 | + | corporation, or a shareholder in an S 38 |
|---|
| 11625 | + | corporation doing business in the state of 39 |
|---|
| 11626 | + | Missouri and subject to the state income tax 40 |
|---|
| 11627 | + | imposed in chapter 143; 41 |
|---|
| 11628 | + | (b) A corporation subject to the annual 42 |
|---|
| 11629 | + | corporation franchise tax imposed in chapter 147; 43 |
|---|
| 11630 | + | (c) An insurance company paying an annual 44 |
|---|
| 11631 | + | tax on its gross premium receipts in this state; 45 |
|---|
| 11632 | + | (d) Any other financial institution pa ying 46 |
|---|
| 11633 | + | taxes to the state of Missouri or any political 47 |
|---|
| 11634 | + | subdivisions of this state under chapter 148; 48 |
|---|
| 11635 | + | (e) An individual subject to the state 49 |
|---|
| 11636 | + | income tax imposed in chapter 143; 50 |
|---|
| 11637 | + | (f) Any charitable organization which is 51 |
|---|
| 11638 | + | exempt from federal income tax and whose 52 |
|---|
| 11639 | + | Missouri unrelated business taxable income, if 53 |
|---|
| 11640 | + | any, would be subject to the state income tax 54 |
|---|
| 11641 | + | imposed under chapter 143. 55 |
|---|
| 11642 | + | 3. For all taxable years beginning on or 56 |
|---|
| 11643 | + | after January 1, 2015, any taxpayer shall be 57 |
|---|
| 11644 | + | allowed a credit against the taxes otherwise due 58 |
|---|
| 11645 | + | under chapters 147, 148, or 143, excluding 59 |
|---|
| 11646 | + | withholding tax imposed by sections 143.191 to 60 |
|---|
| 11647 | + | 143.265, in an amount equal to fifty percent of 61 |
|---|
| 11648 | + | the amount of an eligible donation, subject to 62 |
|---|
| 11649 | + | the restrictions in this section. The amount of 63 |
|---|
| 11650 | + | the tax credit claimed shall not exceed the 64 |
|---|
| 11651 | + | amount of the taxpayer's state income tax 65 |
|---|
| 11652 | + | liability in the tax year for which the credit 66 |
|---|
| 11653 | + | is claimed. Any amount of credit that the 67 |
|---|
| 11654 | + | taxpayer is prohibited by this section from 68 |
|---|
| 11655 | + | claiming in a tax year shall not be refundable, 69 |
|---|
| 11656 | + | but may be carried forward to any of the 70 |
|---|
| 11657 | + | taxpayer's four subsequent taxable years. 71 |
|---|
| 11658 | + | 4. To claim the credit authorized in this 72 |
|---|
| 11659 | + | section, an innovation campus may submit to the 73 |
|---|
| 11660 | + | department an application for the tax credit 74 SB 757 304 |
|---|
| 11661 | + | authorized by this section on behalf of 75 |
|---|
| 11662 | + | taxpayers. The department shall verify that the 76 |
|---|
| 11663 | + | innovation campus has submitted the following 77 |
|---|
| 11664 | + | items: 78 |
|---|
| 11665 | + | (1) A valid application in the form and 79 |
|---|
| 11666 | + | format required by the department; 80 |
|---|
| 11667 | + | (2) A statement attestin g to the eligible 81 |
|---|
| 11668 | + | donation received, which shall include the name 82 |
|---|
| 11669 | + | and taxpayer identification number of the 83 |
|---|
| 11670 | + | individual or taxpayer making the eligible 84 |
|---|
| 11671 | + | donation, the amount of the eligible donation, 85 |
|---|
| 11672 | + | and the date the eligible donation was received 86 |
|---|
| 11673 | + | by the innovation campus; and 87 |
|---|
| 11674 | + | (3) Payment from the innovation campus 88 |
|---|
| 11675 | + | equal to the value of the tax credit for which 89 |
|---|
| 11676 | + | application is made. 90 |
|---|
| 11677 | + | If the innovation campus applying for the tax 91 |
|---|
| 11678 | + | credit meets all criteria required by this 92 |
|---|
| 11679 | + | subsection, the depart ment shall issue a 93 |
|---|
| 11680 | + | certificate in the appropriate amount. 94 |
|---|
| 11681 | + | 5. Tax credits issued under this section 95 |
|---|
| 11682 | + | may be assigned, transferred, sold, or otherwise 96 |
|---|
| 11683 | + | conveyed, and the new owner of the tax credit 97 |
|---|
| 11684 | + | shall have the same rights in the credit as the 98 |
|---|
| 11685 | + | taxpayer. Whenever a certificate is assigned, 99 |
|---|
| 11686 | + | transferred, sold, or otherwise conveyed, a 100 |
|---|
| 11687 | + | notarized endorsement shall be filed with the 101 |
|---|
| 11688 | + | department specifying the name and address of 102 |
|---|
| 11689 | + | the new owner of the tax credit and the value of 103 |
|---|
| 11690 | + | the credit. 104 |
|---|
| 11691 | + | 6. The department may promulgate rules to 105 |
|---|
| 11692 | + | implement the provisions of this section. Any 106 |
|---|
| 11693 | + | rule or portion of a rule, as that term is 107 |
|---|
| 11694 | + | defined in section 536.010, that is created 108 |
|---|
| 11695 | + | under the authority delegated in this section 109 |
|---|
| 11696 | + | shall become effective only if it complies with 110 |
|---|
| 11697 | + | and is subject to all of the provisions of 111 |
|---|
| 11698 | + | chapter 536 and, if applicable, section 112 |
|---|
| 11699 | + | 536.028. This section and chapter 536 are 113 |
|---|
| 11700 | + | nonseverable and if any of the powers vested 114 |
|---|
| 11701 | + | with the general assembly under and pursuant to 115 |
|---|
| 11702 | + | chapter 536 to review, to delay the effective 116 |
|---|
| 11703 | + | date, or to disapprove and annul a rule are 117 |
|---|
| 11704 | + | subsequently held unconstitutional, then the 118 SB 757 305 |
|---|
| 11705 | + | grant of rulemaking authority and any rule 119 |
|---|
| 11706 | + | proposed or adopted after August 28, 2014, shall 120 |
|---|
| 11707 | + | be invalid and void. 121 |
|---|
| 11708 | + | 7. Under section 23.253 of the Missouri 122 |
|---|
| 11709 | + | sunset act: 123 |
|---|
| 11710 | + | (1) The program authorized under this 124 |
|---|
| 11711 | + | section shall expire six years after August 28, 125 |
|---|
| 11712 | + | 2014, unless reauthorized by an act of the 126 |
|---|
| 11713 | + | general assembly; and 127 |
|---|
| 11714 | + | (2) If such program is reauthorized, the 128 |
|---|
| 11715 | + | program authorized under this section shall 129 |
|---|
| 11716 | + | automatically sunset twelve years after August 130 |
|---|
| 11717 | + | 28, 2014; and 131 |
|---|
| 11718 | + | (3) This section shall terminate on 132 |
|---|
| 11719 | + | September first of the calendar year immediately 133 |
|---|
| 11720 | + | following the calendar year in which the program 134 |
|---|
| 11721 | + | authorized under this section is sunset. ] 135 |
|---|
| 11722 | + | [633.420. 1. For the purposes of this 1 |
|---|
| 11723 | + | section, the term "dyslexia" means a disorder 2 |
|---|
| 11724 | + | that is neurological in origin, characterized by 3 |
|---|
| 11725 | + | difficulties with accurate and fluent word 4 |
|---|
| 11726 | + | recognition, and poor spell ing and decoding 5 |
|---|
| 11727 | + | abilities that typically result from a deficit 6 |
|---|
| 11728 | + | in the phonological component of language, often 7 |
|---|
| 11729 | + | unexpected in relation to other cognitive 8 |
|---|
| 11730 | + | abilities and the provision of effective 9 |
|---|
| 11731 | + | classroom instruction, and of which secondary 10 |
|---|
| 11732 | + | consequences may include problems in reading 11 |
|---|
| 11733 | + | comprehension and reduced reading experience 12 |
|---|
| 11734 | + | that can impede growth of vocabulary and 13 |
|---|
| 11735 | + | background knowledge. Nothing in this section 14 |
|---|
| 11736 | + | shall prohibit a district from assessing 15 |
|---|
| 11737 | + | students for dyslexia and offering stude nts 16 |
|---|
| 11738 | + | specialized reading instruction if a 17 |
|---|
| 11739 | + | determination is made that a student suffers 18 |
|---|
| 11740 | + | from dyslexia. Unless required by federal law, 19 |
|---|
| 11741 | + | nothing in this definition shall require a 20 |
|---|
| 11742 | + | student with dyslexia to be automatically 21 |
|---|
| 11743 | + | determined eligible as a studen t with a 22 |
|---|
| 11744 | + | disability. Nothing in this definition shall 23 |
|---|
| 11745 | + | require a student with dyslexia to obtain an 24 |
|---|
| 11746 | + | individualized education program (IEP) unless 25 SB 757 306 |
|---|
| 11747 | + | the student has otherwise met the federal 26 |
|---|
| 11748 | + | conditions necessary. 27 |
|---|
| 11749 | + | 2. There is hereby created the 28 |
|---|
| 11750 | + | "Legislative Task Force on Dyslexia". The joint 29 |
|---|
| 11751 | + | committee on education shall provide technical 30 |
|---|
| 11752 | + | and administrative support as required by the 31 |
|---|
| 11753 | + | task force to fulfill its duties; any such 32 |
|---|
| 11754 | + | support involving monetary expenses shall first 33 |
|---|
| 11755 | + | be approved by the ch airman of the joint 34 |
|---|
| 11756 | + | committee on education. The task force shall 35 |
|---|
| 11757 | + | meet at least quarterly and may hold meetings by 36 |
|---|
| 11758 | + | telephone or video conference. The task force 37 |
|---|
| 11759 | + | shall advise and make recommendations to the 38 |
|---|
| 11760 | + | governor, joint committee on education, and 39 |
|---|
| 11761 | + | relevant state agencies regarding matters 40 |
|---|
| 11762 | + | concerning individuals with dyslexia, including 41 |
|---|
| 11763 | + | education and other adult and adolescent 42 |
|---|
| 11764 | + | services. 43 |
|---|
| 11765 | + | 3. The task force shall be comprised of 44 |
|---|
| 11766 | + | twenty-one members consisting of the following: 45 |
|---|
| 11767 | + | (1) Two members of the senate appointed by 46 |
|---|
| 11768 | + | the president pro tempore of the senate, with 47 |
|---|
| 11769 | + | one member appointed from the minority party and 48 |
|---|
| 11770 | + | one member appointed from the majority party; 49 |
|---|
| 11771 | + | (2) Two members of the house of 50 |
|---|
| 11772 | + | representatives appointed by the speaker of the 51 |
|---|
| 11773 | + | house of representatives, with one member 52 |
|---|
| 11774 | + | appointed from the minority party and one member 53 |
|---|
| 11775 | + | appointed from the majority party; 54 |
|---|
| 11776 | + | (3) The commissioner of education, or his 55 |
|---|
| 11777 | + | or her designee; 56 |
|---|
| 11778 | + | (4) One representative from an institution 57 |
|---|
| 11779 | + | of higher education located in this state with 58 |
|---|
| 11780 | + | specialized expertise in dyslexia and reading 59 |
|---|
| 11781 | + | instruction; 60 |
|---|
| 11782 | + | (5) A representative from a state teachers 61 |
|---|
| 11783 | + | association or the Missouri National Education 62 |
|---|
| 11784 | + | Association; 63 |
|---|
| 11785 | + | (6) A representative from the 64 |
|---|
| 11786 | + | International Dyslexia Association of Missouri; 65 |
|---|
| 11787 | + | (7) A representative from Decoding 66 |
|---|
| 11788 | + | Dyslexia of Missouri; 67 |
|---|
| 11789 | + | (8) A representative from the Missouri 68 |
|---|
| 11790 | + | Association of Elementary School Principals; 69 SB 757 307 |
|---|
| 11791 | + | (9) A representative from the Missouri 70 |
|---|
| 11792 | + | Council of Administrators of Special Education; 71 |
|---|
| 11793 | + | (10) A professional licensed in the state 72 |
|---|
| 11794 | + | of Missouri with experience diagnosing dyslexia 73 |
|---|
| 11795 | + | including, but not limited to, a licensed 74 |
|---|
| 11796 | + | psychologist, school psychologist, or 75 |
|---|
| 11797 | + | neuropsychologist; 76 |
|---|
| 11798 | + | (11) A speech-language pathologist with 77 |
|---|
| 11799 | + | training and experience in early literacy 78 |
|---|
| 11800 | + | development and effective research -based 79 |
|---|
| 11801 | + | intervention techniques for dyslexia, including 80 |
|---|
| 11802 | + | an Orton-Gillingham remediation program 81 |
|---|
| 11803 | + | recommended by the Missouri Speech -Language 82 |
|---|
| 11804 | + | Hearing Association; 83 |
|---|
| 11805 | + | (12) A certified academic language 84 |
|---|
| 11806 | + | therapist recommended by the Academic Language 85 |
|---|
| 11807 | + | Therapy Association who is a resident of this 86 |
|---|
| 11808 | + | state; 87 |
|---|
| 11809 | + | (13) A representative from an independent 88 |
|---|
| 11810 | + | private provider or nonprofit organization 89 |
|---|
| 11811 | + | serving individuals with dyslexia; 90 |
|---|
| 11812 | + | (14) An assistive technology specialist 91 |
|---|
| 11813 | + | with expertise in accessible print materials and 92 |
|---|
| 11814 | + | assistive technology used by individuals with 93 |
|---|
| 11815 | + | dyslexia recommended by the Missouri assistive 94 |
|---|
| 11816 | + | technology council; 95 |
|---|
| 11817 | + | (15) One private citizen who has a child 96 |
|---|
| 11818 | + | who has been diagnosed with dyslexia; 97 |
|---|
| 11819 | + | (16) One private citizen who has been 98 |
|---|
| 11820 | + | diagnosed with dyslexia; 99 |
|---|
| 11821 | + | (17) A representative of the Missouri 100 |
|---|
| 11822 | + | State Council of the International Reading 101 |
|---|
| 11823 | + | Association; 102 |
|---|
| 11824 | + | (18) A pediatrician with knowledge of 103 |
|---|
| 11825 | + | dyslexia; and 104 |
|---|
| 11826 | + | (19) A member of the Missouri School 105 |
|---|
| 11827 | + | Boards' Association. 106 |
|---|
| 11828 | + | 4. The members of the task force, other 107 |
|---|
| 11829 | + | than the members from the general assembly and 108 |
|---|
| 11830 | + | ex officio members, shall be appointed by the 109 |
|---|
| 11831 | + | president pro tempore of the senate or the 110 |
|---|
| 11832 | + | speaker of the house of representatives by 111 |
|---|
| 11833 | + | September 1, 2016, by alternating appointments 112 |
|---|
| 11834 | + | beginning with the president pro tempore of the 113 SB 757 308 |
|---|
| 11835 | + | senate. A chairperson shall be selected by the 114 |
|---|
| 11836 | + | members of the task force . Any vacancy on the 115 |
|---|
| 11837 | + | task force shall be filled in the same manner as 116 |
|---|
| 11838 | + | the original appointment. Members shall serve 117 |
|---|
| 11839 | + | on the task force without compensation. 118 |
|---|
| 11840 | + | 5. The task force shall make 119 |
|---|
| 11841 | + | recommendations for a statewide system for 120 |
|---|
| 11842 | + | identification, intervention, and delivery of 121 |
|---|
| 11843 | + | supports for students with dyslexia, including 122 |
|---|
| 11844 | + | the development of resource materials and 123 |
|---|
| 11845 | + | professional development activities. These 124 |
|---|
| 11846 | + | recommendations shall be included in a report to 125 |
|---|
| 11847 | + | the governor and joint committee on ed ucation 126 |
|---|
| 11848 | + | and shall include findings and proposed 127 |
|---|
| 11849 | + | legislation and shall be made available no 128 |
|---|
| 11850 | + | longer than twelve months from the task force's 129 |
|---|
| 11851 | + | first meeting. 130 |
|---|
| 11852 | + | 6. The recommendations and resource 131 |
|---|
| 11853 | + | materials developed by the task force shall: 132 |
|---|
| 11854 | + | (1) Identify valid and reliable screening 133 |
|---|
| 11855 | + | and evaluation assessments and protocols that 134 |
|---|
| 11856 | + | can be used and the appropriate personnel to 135 |
|---|
| 11857 | + | administer such assessments in order to identify 136 |
|---|
| 11858 | + | children with dyslexia or the characteristics of 137 |
|---|
| 11859 | + | dyslexia as part of an o ngoing reading progress 138 |
|---|
| 11860 | + | monitoring system, multitiered system of 139 |
|---|
| 11861 | + | supports, and special education eligibility 140 |
|---|
| 11862 | + | determinations in schools; 141 |
|---|
| 11863 | + | (2) Recommend an evidence -based reading 142 |
|---|
| 11864 | + | instruction, with consideration of the National 143 |
|---|
| 11865 | + | Reading Panel Report and Orton-Gillingham 144 |
|---|
| 11866 | + | methodology principles for use in all Missouri 145 |
|---|
| 11867 | + | schools, and intervention system, including a 146 |
|---|
| 11868 | + | list of effective dyslexia intervention 147 |
|---|
| 11869 | + | programs, to address dyslexia or characteristics 148 |
|---|
| 11870 | + | of dyslexia for use by schools in multitiered 149 |
|---|
| 11871 | + | systems of support and for services as 150 |
|---|
| 11872 | + | appropriate for special education eligible 151 |
|---|
| 11873 | + | students; 152 |
|---|
| 11874 | + | (3) Develop and implement preservice and 153 |
|---|
| 11875 | + | in-service professional development activities 154 |
|---|
| 11876 | + | to address dyslexia identification and 155 |
|---|
| 11877 | + | intervention, including uti lization of 156 |
|---|
| 11878 | + | accessible print materials and assistive 157 SB 757 309 |
|---|
| 11879 | + | technology, within degree programs such as 158 |
|---|
| 11880 | + | education, reading, special education, speech - 159 |
|---|
| 11881 | + | language pathology, and psychology; 160 |
|---|
| 11882 | + | (4) Review teacher certification and 161 |
|---|
| 11883 | + | professional development requi rements as they 162 |
|---|
| 11884 | + | relate to the needs of students with dyslexia; 163 |
|---|
| 11885 | + | (5) Examine the barriers to accurate 164 |
|---|
| 11886 | + | information on the prevalence of students with 165 |
|---|
| 11887 | + | dyslexia across the state and recommend a 166 |
|---|
| 11888 | + | process for accurate reporting of demographic 167 |
|---|
| 11889 | + | data; and 168 |
|---|
| 11890 | + | (6) Study and evaluate current practices 169 |
|---|
| 11891 | + | for diagnosing, treating, and educating children 170 |
|---|
| 11892 | + | in this state and examine how current laws and 171 |
|---|
| 11893 | + | regulations affect students with dyslexia in 172 |
|---|
| 11894 | + | order to present recommendations to the governor 173 |
|---|
| 11895 | + | and the joint committee on education. 174 |
|---|
| 11896 | + | 7. The task force shall hire or contract 175 |
|---|
| 11897 | + | for hire specialist services to support the work 176 |
|---|
| 11898 | + | of the task force as necessary with 177 |
|---|
| 11899 | + | appropriations made by the general assembly to 178 |
|---|
| 11900 | + | the joint committee on education for that 179 |
|---|
| 11901 | + | purpose or from other available funding. 180 |
|---|
| 11902 | + | 8. The task force authorized under this 181 |
|---|
| 11903 | + | section shall expire on August 31, 2018, unless 182 |
|---|
| 11904 | + | reauthorized by an act of the general assembly. ] 183 |
|---|
| 11905 | + | [640.030. The department of natural 1 |
|---|
| 11906 | + | resources and the department of conservation 2 |
|---|
| 11907 | + | shall develop an interagency plan and execute an 3 |
|---|
| 11908 | + | interagency agreement regarding the application 4 |
|---|
| 11909 | + | and use of any portion of funds authorized for 5 |
|---|
| 11910 | + | the respective departments by provisions of the 6 |
|---|
| 11911 | + | Constitution, taking into conside ration the 7 |
|---|
| 11912 | + | purposes for which the voters approved the funds 8 |
|---|
| 11913 | + | and the extent to which expenditures under the 9 |
|---|
| 11914 | + | provisions of sections 252.300 to 252.333, or 10 |
|---|
| 11915 | + | sections 620.552 to 620.574, accomplish such 11 |
|---|
| 11916 | + | purposes. Such interagency agreements shall not 12 |
|---|
| 11917 | + | be subject to legislative review or oversight 13 |
|---|
| 11918 | + | and are not rules within the meaning of any law 14 |
|---|
| 11919 | + | providing for review by the general assembly or 15 |
|---|
| 11920 | + | any committee thereof. ] 16 |
|---|
| 11921 | + | |
|---|