SB 1127 — Modifies provisions relating to funds in the state treasury

SECOND4353S.03C REGULARSENATE SESSIONCOMMITTEE SUBSTITUTE FOR SENATE BILLNO.BILL NO.

1127 103RDAN GENERALASSEMBLYACT INTRODUCEDTo BYrepeal SENATORsections COLEMAN.8.900, 109.005, 191.905, 210.102, 253.092, 253.120, 261.275, 265.180, 348.409, and 700.041, RSMo, and to enact in lieu thereof eleven new sections relating to funds in the state treasury, with penalty provisions.

4353S.01I KRISTINAMARTIN, Secretary ANACT To repeal sections 8.900, 109.005, 161.410, 191.905, 210.102, 253.092, 253.120, 261.275, 265.180, 348.409, 444.810, 640.740, and 700.041, RSMo, and to enact in lieu thereof fourteen new sections relating to funds in the state treasury, with penalty provisions.

Sections 8.900, 109.005, 161.410, 191.905, 210.102, 253.092, 253.120, 261.275, 265.180, 348.409, 444.810, 640.740, and 700.041, RSMo, are repealed and fourteeneleven new sections enacted in lieu thereof, to be known as sections 8.900, 33.082, 109.005, 161.410, 191.905, 210.102, 253.092, 253.120, 261.275, 265.180, 348.409, 444.810, 640.740, and 700.041, to read as follows:

Interest accruing to the fund EXPLANATION-Mattershall enclosedbe indeposited bold-faced brackets [thus] in thisthe billfund is not enacted and isshall intendednot to be omittedtransferred into the law.general revenue fund.

SB 1127 2 shall be deposited in the fund and shall not be transferred to the general revenue fund.

Any unexpended balance in the state document preservation fund at the end of any appropriation period shall not be transferred to the general revenue fund of the state treasury and, accordingly, shall be exempt from the provisions of section 33.080 relating to the transfer of funds to the general revenue fund of the state treasury.] 161.410.191.905.

[1.] The executive director of the Missouri commission for the deaf and hard of hearing shall administer a revolving fund to be known as the "Missouri Commission for SB 1127 3 the Deaf and Hard of Hearing Fund" which is hereby established in the state treasury.

The fund shall consist of appropriations made by the general assembly, any gifts, contributions, grants, or bequests received from federal, private, or other sources, and moneys transferred or paid to the commission in return for goods and services provided by the commission to any governmental entity or the public.

The state treasurer shall approve all disbursements from the fund for the purchase of goods or services at the request of the executive director of the commission.

[2.

Notwithstanding the provisions of section 33.080 to the contrary, moneys in the fund shall not revert to the credit of the general revenue fund.] 191.905.

SB 1127 4 (4) Knowingly presenting a claim to a health care payer that falsely indicates that any particular health care was provided to a person or persons, if in fact health care of lesser value than that described in the claim was provided.

SB 1127 5 6.

SB 1127 6 10.

Moneys in the MO HealthNet fraud SB 1127 7 prosecution revolving fund may be appropriated to the attorney general, or to any prosecuting or circuit attorney who has successfully prosecuted an action for a violation of sections 191.900 to 191.910 and been awarded such costs of prosecution, in order to defray the costs of the attorney general and any such prosecuting or circuit attorney in connection with their duties provided by sections 191.900 to 191.910.

A person who violates subsections 1 to 3 of this section shall be liable for a civil penalty of not less than five thousand dollars and not more than ten thousand dollars for each separate act in violation of such subsections, plus three times the amount of damages which the state and SB 1127 8 federal government sustained because of the act of that person, except that the court may assess not more than two times the amount of damages which the state and federal government sustained because of the act of the person, if the court finds:

The person shall be liable for up to double the amount of all payments received by that person based upon the false statement or false representation of a material fact, and the reasonable costs attributable to the prosecution of the SB 1127 9 civil action.

and (6) Nine members appointed by the governor with the advice and consent of the senate who are representatives of SB 1127 10 the groups, such as business, philanthropy, civic groups, faith-based organizations, parent groups, advocacy organizations, early childhood service providers, and other stakeholders.

(7) Apply for and accept gifts, grants, appropriations, loans, or contributions to the coordinating board for early childhood fund from any source, public or SB 1127 11 private, and enter into contracts or other transactions with any federal or state agency, any private organizations, or any other source in furtherance of the purpose of subsection 1 of this section and this subsection, and take any and all actions necessary to avail itself of such aid and cooperation;

SB 1127 12 (15) Assess or charge fees as the board determines to be reasonable to carry out its purposes;

All moneys, funds, or other assets acquired for purposes of this section shall be deposited with the state treasurer to the credit of the SB 1127 13 fund.

Beginning January 1, 2100, and thereafter the Missouri department of natural resources may annually expend an amount equal to the interest earned by the Arrow Rock state historic site SB 1127 14 endowment fund in the immediately preceding fiscal year, for the purposes stated in this section.

Upon appropriation by the general assembly, moneys in the fund SB 1127 15 shall be used solely to enhance and improve Missouri's dairy and dairy processing industries in the manner provided for in sections 261.270 to 261.295.

SB 1127 16 265.180.

SB 1127 17 4.

444.810.700.041.

TheThere is hereby established a fund in the state treasury to be known as the "Manufactured Housing Consumer Recovery Fund" for the purpose of paying consumer claims under procedures the commission may:may promulgate by rule.

(1) Adopt and promulgate rules and regulations respecting the administration and enforcement of this law and in conformity therewith;

(2) Encourage and conduct investigations, research, experiments and demonstrations, and collect and disseminate information relating to surface coal mining and reclamation and conservation of lands and waters affected by surface coal mining;

(3) Examine and pass on all applications and plans and specifications submitted by the operator for the method of operation and for the reclamation and conservation of the area of land affected by the operation;

(4) Make investigations and inspections which are necessary to ensure compliance;

(5) Conduct hearings and administer oaths or affirmations and subpoena witnesses to the inquiry;

(6) Order the suspension or revocation of any permit, or the cessation of operations for failure to comply with any of the provisions of this law, rules and regulations, reclamation plans, permit conditions, or any order of the commission;

SB 1127 18 (7) Order forfeiture of any bond for failure to comply with any provisions of this law, rules or regulations, reclamation plans, permit conditions or any order of the commission;

(8) Cause to be instituted in any court of competent jurisdiction legal proceedings for injunction or other appropriate relief to enforce this law, rules and regulations, reclamation plans, permit conditions, or any order of the commission;

(9) Retain, employ, provide for, and compensate, within the limits of appropriations made for that purpose, such consultants, assistants, deputies, clerks, and other employees on full- or part-time basis as may be necessary to carry out the provisions of this law and prescribe the times at which they shall be appointed and their powers and duties;

and when appropriate, contract for such professional or technical services as necessary;

(10) Study and develop plans for the reclamation of lands that have been mined prior to August 3, 1977, and those described in subsection 3 of section 444.915;

(11) Accept, receive and administer grants or other funds or gifts from public and private agencies and individuals, including the federal government, for the purpose of carrying out any of the functions of this law, including the reclamation of lands mined prior to August 3, 1977.