Amendment vs bill Amendment 5542H02.01H (Distributed) vs Truly Agreed and Finally Passed

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SECOND REGULAR SESSION [TRULY AGREED TO AND FINALLY PASSED] SENATE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.
5542H02.01H HB 2180 House _____________________________________________________ Amendment NO.____ Offered By _____________________________________ ___________________________________ AMEND House Bill No.
2180 103RD GENERAL ASSEMBLY 5542S.03T 2026 AN ACT To repeal sections 105.963, 143.611, and 209.030, RSMo, and to enact in lieu thereof four new sections relating to mail sent by state departments.
2180, Page 1, Section A, Line 3, by inserting after all of said section and line the following:
Be it enacted by the General Assembly of the state of Missouri, as follows:
4 "105.711.
Section A.
Sections 105.963, 143.611, and 209.030, RSMo, are repealed and four new sections enacted in lieu thereof, to be known as sections 32.058, 105.963, 143.611, and 209.030, to read as follows:
32.058.
Notwithstanding any provision of law requiring the use of certified mail or registered mail to the contrary, including but not limited to provisions contained in chapters 32, 105, 135, 140, 142, 143, 144, 148, 149, 238, 253, 301, 302, and 479, the director may choose to mail any document by first class mail to the intended recipient's last known address in lieu of certified mail or registered mail.
There is hereby created a "State Legal Expense Fund" which shall consist of moneys appropriated to the fund by the general assembly and moneys otherwise credited to such fund pursuant to section 105.716.
If the director is otherwise statutorily required to use certified or registered mail to send a document, but chooses pursuant to this section to send such document by first class mail, and the director is subsequently notified by the United States Postal Service that the document is not deliverable to the intended recipient at the last known address for a reason other than refusal by the addressee, the director shall make one further attempt to reissue such document after attempting, if necessary, to obtain an updated mailing address.
Nothing in this section prohibits the director from making multiple additional attempts to reissue the document.
The delivery of a document using email, encrypted electronic message, or both, including by an attachment to such email or encrypted electronic message, shall EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law.
Moneys in the state legal expense fund shall be available for the payment of any claim or any amount required by any final judgment rendered by a court of competent jurisdiction against:
Matter in bold-face type in the above bill is proposed language.
(1) The state of Missouri, or any agency of the state, pursuant to section 536.050 or 536.087 or section 537.600;
SCS HB 2180 2 satisfy any obligation of the director to send such document to the intended recipient by certified mail, registered mail, or any other method.
(2) Any officer or employee of the state of Missouri or any agency of the state, including, without limitation, elected officials, appointees, members of state boards or commissions, and members of the Missouri National Guard upon conduct of such officer or employee arising out of and performed in connection with his or her official duties on behalf of the state, or any agency of the state, provided that moneys in this fund shall not be available for payment of claims made under chapter 287;
(3) (a) Any physician, psychiatrist, pharmacist, podiatrist, dentist, nurse, or other health care provider licensed to practice in Missouri under the provisions of chapter 330, 332, 334, 335, 336, 337 or 338 who is employed by the state of Missouri or any agency of the state under formal contract to conduct disability reviews on behalf of the department of elementary and secondary education or provide services to patients or inmates of state correctional facilities on a part-time basis, and any physician, psychiatrist, pharmacist, podiatrist, dentist, nurse, or other health care provider licensed to practice in Missouri under the provisions of chapter 330, 332, 334, 335, 336, 337, or 338 who is under formal contract to provide services to patients or inmates at a county jail on a part-time basis;
(b) Any physician licensed to practice medicine in Missouri under the provisions of chapter 334 and his professional corporation organized pursuant to chapter 356 who is employed by or under contract with a city or county health department organized under chapter 192 or chapter 205, or a city health department operating under a city charter, or a combined city-county Action Taken___________________________________________ Date __________________ Page 1 of 12 5542H02.01H health department to provide services to patients for medical care caused by pregnancy, delivery, and child care, if such medical services are provided by the physician pursuant to the contract without compensation or the physician is paid from no other source than a governmental agency except for patient co-payments required by federal or state law or local ordinance;
(c) Any physician licensed to practice medicine in Missouri under the provisions of chapter 334 who is employed by or under contract with a federally funded community health center organized under Section 315, 329, 330 or 340 of the Public Health Services Act (42 U.S.C.
Section 216, 254c) to provide services to patients for medical care caused by pregnancy, delivery, and child care, if such medical services are provided by the physician pursuant to the contract or employment agreement without compensation or the physician is paid from no other source than a governmental agency or such a federally funded community health center except for patient co-payments required by federal or state law or local ordinance.
In the case of any claim or judgment that arises under this paragraph, the aggregate of payments from the state legal expense fund shall be limited to a maximum of one million dollars for all claims arising out of and judgments based upon the same act or acts alleged in a single cause against any such physician, and shall not exceed one million dollars for any one claimant;
(d) Any physician licensed pursuant to chapter 334 who is affiliated with and receives no compensation from a nonprofit entity qualified as exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, which offers a free health screening in any setting or any physician, nurse, physician assistant, dental hygienist, dentist, or other health care professional licensed or registered under chapter 330, 331, 332, 334, 335, 336, 337, or 338 who provides health care services within the scope of his or her license or registration at a city or county health department organized under chapter 192 or chapter 205, a city health department operating under a city charter, or a combined city-county health department, or a nonprofit community health center qualified as exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, excluding federally funded community health centers as specified in paragraph (c) of this subdivision and rural health clinics under 42 U.S.C.
Section 1396d(l)(1), if such services are restricted to primary care and preventive health services, provided that such services shall not include the performance of an abortion, and if such health services are provided by the health care professional licensed or registered under chapter 330, 331, 332, 334, 335, 336, 337, or 338 without compensation.
MO HealthNet or Medicare payments for primary care and preventive health services provided by a health care professional licensed or registered under chapter 330, 331, 332, 334, 335, 336, 337, or 338 who volunteers at a community health clinic is not compensation for the purpose of this section if the total payment is assigned to the community health clinic.
For the purposes of the section, "community health clinic" means a nonprofit community health center qualified as exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code of 1987, as amended, that provides primary care and preventive health services to people without health Page 2 of 12 5542H02.01H insurance coverage.
In the case of any claim or judgment that arises under this paragraph, the aggregate of payments from the state legal expense fund shall be limited to a maximum of five hundred thousand dollars, for all claims arising out of and judgments based upon the same act or acts alleged in a single cause and shall not exceed five hundred thousand dollars for any one claimant, and insurance policies purchased pursuant to the provisions of section 105.721 shall be limited to five hundred thousand dollars.
Liability or malpractice insurance obtained and maintained in force by or on behalf of any health care professional licensed or registered under chapter 330, 331, 332, 334, 335, 336, 337, or 338 shall not be considered available to pay that portion of a judgment or claim for which the state legal expense fund is liable under this paragraph;
(e) Any physician, nurse, physician assistant, dental hygienist, or dentist licensed or registered to practice medicine, nursing, or dentistry or to act as a physician assistant or dental hygienist in Missouri under the provisions of chapter 332, 334, or 335, or lawfully practicing, who provides medical, nursing, or dental treatment within the scope of his license or registration to students of a school whether a public, private, or parochial elementary or secondary school or summer camp, if such physician's treatment is restricted to primary care and preventive health services and if such medical, dental, or nursing services are provided by the physician, dentist, physician assistant, dental hygienist, or nurse without compensation.
In the case of any claim or judgment that arises under this paragraph, the aggregate of payments from the state legal expense fund shall be limited to a maximum of five hundred thousand dollars, for all claims arising out of and judgments based upon the same act or acts alleged in a single cause and shall not exceed five hundred thousand dollars for any one claimant, and insurance policies purchased pursuant to the provisions of section 105.721 shall be limited to five hundred thousand dollars;
or (f) Any physician licensed under chapter 334, or dentist licensed under chapter 332, providing medical care without compensation to an individual referred to his or her care by a city or county health department organized under chapter 192 or 205, a city health department operating under a city charter, or a combined city-county health department, or nonprofit health center qualified as exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or a federally funded community health center organized under Section 315, 329, 330, or 340 of the Public Health Services Act, 42 U.S.C.
Section 216, 254c;
provided that such treatment shall not include the performance of an abortion.
In the case of any claim or judgment that arises under this paragraph, the aggregate of payments from the state legal expense fund shall be limited to a maximum of one million dollars for all claims arising out of and judgments based upon the same act or acts alleged in a single cause and shall not exceed one million dollars for any one claimant, and insurance policies purchased under the provisions of section 105.721 shall be limited to one million dollars.
Liability or malpractice insurance obtained and maintained in force by or on behalf of any physician licensed under chapter 334, or Page 3 of 12 5542H02.01H any dentist licensed under chapter 332, shall not be considered available to pay that portion of a judgment or claim for which the state legal expense fund is liable under this paragraph;
(4) Staff employed by the juvenile division of any judicial circuit;
(5) Any attorney licensed to practice law in the state of Missouri who practices law at or through a nonprofit community social services center qualified as exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or through any agency of any federal, state, or local government, if such legal practice is provided by the attorney without compensation.
In the case of any claim or judgment that arises under this subdivision, the aggregate of payments from the state legal expense fund shall be limited to a maximum of five hundred thousand dollars for all claims arising out of and judgments based upon the same act or acts alleged in a single cause and shall not exceed five hundred thousand dollars for any one claimant, and insurance policies purchased pursuant to the provisions of section 105.721 shall be limited to five hundred thousand dollars;
(6) Any social welfare board created under section 205.770 and the members and officers thereof upon conduct of such officer or employee while acting in his or her capacity as a board member or officer, and any physician, nurse, physician assistant, dental hygienist, dentist, or other health care professional licensed or registered under chapter 330, 331, 332, 334, 335, 336, 337, or 338 who is referred to provide medical care without compensation by the board and who provides health care services within the scope of his or her license or registration as prescribed by the board;
or (7) Any person who is selected or appointed by the state director of revenue under subsection 2 of section 136.055 to act as an agent of the department of revenue, to the extent that such agent's actions or inactions upon which such claim or judgment is based were performed in the course of the person's official duties as an agent of the department of revenue and in the manner required by state law or department of revenue rules.
Notwithstanding any other provision of law to the contrary, in any action before the administrative hearing commission or a court of competent jurisdiction, the director shall bear the burden of proving the date any document has been sent to the taxpayer's last known address, and the period of time within which a taxpayer may appeal or otherwise respond to any such document shall begin on the date the document is sent.
Moneys in the state legal expense fund shall be available for the payment of any claim or any amount required by any final judgment rendered by a court of competent jurisdiction for the purposes of paying judgments arising from claims under section 506.400.
This provision shall not apply if the taxpayer fails to update the department with a new address within thirty days of any change of address.
As used in this section, the following terms mean:
The department of health and senior services shall promulgate rules regarding contract procedures and the documentation of care provided under paragraphs (b), (c), (d), (e), and (f) of subdivision (3) of subsection 2 of this section.
(1) "Director", includes the director of revenue, the department of revenue, and any division thereof;
The limitation on payments from the state legal expense fund or any policy of insurance procured pursuant to the provisions of section 105.721, provided in subsection [7] 8 of this section, shall not apply to any claim or judgment arising under paragraph (a), (b), (c), (d), (e), or (f) of subdivision (3) of subsection 2 of this section.
and (2) "Document", includes, but is not limited to, any notice, request, record, assessment, decision, order, letter ruling, agreement, or certificate, whether in electronic or non-electronic form.
Any claim or judgment arising under paragraph (a), (b), (c), (d), (e), or (f) of subdivision (3) of subsection 2 of this section shall be paid by the state legal expense fund or any policy of insurance procured pursuant to section 105.721, to the extent damages are allowed under sections 538.205 to 538.235.
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105.963.
Liability or malpractice insurance obtained and maintained in force Page 4 of 12 5542H02.01H by any health care professional licensed or registered under chapter 330, 331, 332, 334, 335, 336, 337, or 338 for coverage concerning his or her private practice and assets shall not be considered available under subsection [7] 8 of this section to pay that portion of a judgment or claim for which the state legal expense fund is liable under paragraph (a), (b), (c), (d), (e), or (f) of subdivision (3) of subsection 2 of this section.
However, a health care professional licensed or registered under chapter 330, 331, 332, 334, 335, 336, 337, or 338 may purchase liability or malpractice insurance for coverage of liability claims or judgments based upon care rendered under paragraphs (c), (d), (e), and (f) of subdivision (3) of subsection 2 of this section which exceed the amount of liability coverage provided by the state legal expense fund under those paragraphs.
Even if paragraph (a), (b), (c), (d), (e), or (f) of subdivision (3) of subsection 2 of this section is repealed or modified, the state legal expense fund shall be available for damages which occur while the pertinent paragraph (a), (b), (c), (d), (e), or (f) of subdivision (3) of subsection 2 of this section is in effect.
[4.] 5.
The attorney general shall promulgate rules regarding contract procedures and the documentation of legal practice provided under subdivision (5) of subsection 2 of this section.
The limitation on payments from the state legal expense fund or any policy of insurance procured pursuant to section 105.721 as provided in subsection [7] 8 of this section shall not apply to any claim or judgment arising under subdivision (5) of subsection 2 of this section.
Any claim or judgment arising under subdivision (5) of subsection 2 of this section shall be paid by the state legal expense fund or any policy of insurance procured pursuant to section 105.721 to the extent damages are allowed under sections 538.205 to 538.235.
Liability or malpractice insurance otherwise obtained and maintained in force shall not be considered available under subsection [7] 8 of this section to pay that portion of a judgment or claim for which the state legal expense fund is liable under subdivision (5) of subsection 2 of this section.
However, an attorney may obtain liability or malpractice insurance for coverage of liability claims or judgments based upon legal practice rendered under subdivision (5) of subsection 2 of this section that exceed the amount of liability coverage provided by the state legal expense fund under subdivision (5) of subsection 2 of this section.
Even if subdivision (5) of subsection 2 of this section is repealed or amended, the state legal expense fund shall be available for damages that occur while the pertinent subdivision (5) of subsection 2 of this section is in effect.
[5.] 6.
All payments shall be made from the state legal expense fund by the commissioner of administration with the approval of the attorney general.
Payment from the state legal expense fund of a claim or final judgment award against a health care professional licensed or registered under chapter 330, 331, 332, 334, 335, 336, 337, or 338, described in paragraph (a), (b), (c), (d), (e), or (f) of subdivision (3) of subsection 2 of this section, or against an attorney in subdivision (5) of subsection 2 of this section, shall only be made for services rendered in accordance with the conditions of such paragraphs.
In the case of any claim or judgment against an officer or employee of the state or any agency of the state based upon Page 5 of 12 5542H02.01H conduct of such officer or employee arising out of and performed in connection with his or her official duties on behalf of the state or any agency of the state that would give rise to a cause of action under section 537.600, the state legal expense fund shall be liable, excluding punitive damages, for:
(1) Economic damages to any one claimant;
and (2) Up to three hundred fifty thousand dollars for noneconomic damages.
8 The state legal expense fund shall be the exclusive remedy and shall preclude any other civil actions or proceedings for money damages arising out of or relating to the same subject matter against the state officer or employee, or the officer's or employee's estate.
No officer or employee of the state or any agency of the state shall be individually liable in his or her personal capacity for conduct of such officer or employee arising out of and performed in connection with his or her official duties on behalf of the state or any agency of the state.
The provisions of this subsection shall not apply to any defendant who is not an officer or employee of the state or any agency of the state in any proceeding against an officer or employee of the state or any agency of the state.
Nothing in this subsection shall limit the rights and remedies otherwise available to a claimant under state law or common law in proceedings where one or more defendants is not an officer or employee of the state or any agency of the state.
[6.] 7.
The limitation on awards for noneconomic damages provided for in this subsection shall be increased or decreased on an annual basis effective January first of each year in accordance with the Implicit Price Deflator for Personal Consumption Expenditures as published by the Bureau of Economic Analysis of the United States Department of Commerce.
The current value of the limitation shall be calculated by the director of the department of commerce and insurance, who shall furnish that value to the secretary of state, who shall publish such value in the Missouri Register as soon after each January first as practicable, but it shall otherwise be exempt from the provisions of section 536.021.
[7.] 8.
Except as provided in subsection [3] 4 of this section, in the case of any claim or judgment that arises under sections 537.600 and 537.610 against the state of Missouri, or an agency of the state, the aggregate of payments from the state legal expense fund and from any policy of insurance procured pursuant to the provisions of section 105.721 shall not exceed the limits of liability as provided in sections 537.600 to 537.610.
No payment shall be made from the state legal expense fund or any policy of insurance procured with state funds pursuant to section 105.721 unless and until the benefits provided to pay the claim by any other policy of liability insurance have been exhausted.
[8.] 9.
The provisions of section 33.080 notwithstanding, any moneys remaining to the credit of the state legal expense fund at the end of an appropriation period shall not be transferred to general revenue.
Page 6 of 12 5542H02.01H [9.] 10.
Any rule or portion of a rule, as that term is defined in section 536.010, that is promulgated under the authority delegated in sections 105.711 to 105.726 shall become effective only if it has been promulgated pursuant to the provisions of chapter 536.
Nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to August 28, 1999, if it fully complied with the provisions of chapter 536.
This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 1999, shall be invalid and void.";
and Further amend said bill, Page 5, Section 209.030, Line 64, by inserting after all of said section and line the following:
"506.400.
The executive director shall assess every committee, as defined in section 130.011, failing to file with a filing officer other than a local election authority as provided by section 130.026 a campaign disclosure report as required by chapter 130, other than the report required pursuant to subdivision (1) of subsection 1 of section 130.046, a late filing fee of ten dollars for each day after such report is due to the commission.
As used in this section, "claimant" means a person convicted and subsequently imprisoned for one or more offenses that such person did not commit.
The executive director shall [mail] send a notice[, by registered mail,] to any candidate and the treasurer of any committee who fails to file such report informing such person of such failure and the fees provided by this section.
If the candidate or treasurer of any committee persists in such failure for a period in excess of thirty days beyond receipt of such notice, the amount of the late filing fee shall increase to one hundred dollars for each day that the report is not filed, provided that the total amount of such fees assessed pursuant to this subsection per report shall not exceed three thousand dollars.
(1) Any candidate for state or local office who fails to file a campaign disclosure report required pursuant to subdivision (1) of subsection 1 of section 130.046, other than a report required to be filed with a local election authority as provided by section 130.026, shall be assessed by the executive director a late filing fee of one hundred dollars for each day that the report is not filed, until the first day after the date of the election.
Notwithstanding any other provision of law, a claimant may bring an action in the circuit court seeking damages from the state under this section.
After such election date, the amount of such late filing fee shall accrue at the rate of ten dollars per day that such report remains unfiled, except as provided in subdivision (2) of this subsection.
(2) The executive director shall [mail] send a notice[, by certified mail or other means to give actual notice,] to any candidate who fails to file the report described in subdivision (1) of this subsection informing such person of such failure and the fees provided by this section.
SCS HB 2180 3 If the candidate persists in such failure for a period in excess of thirty days beyond receipt of such notice, the amount of the late filing fee shall increase to one hundred dollars for each day that the report is not filed, provided that the total amount of such fees assessed pursuant to this subsection per report shall not exceed six thousand dollars.
The executive director shall assess every person required to file a financial interest statement pursuant to sections 105.483 to 105.492 failing to file such a financial interest statement with the commission a late filing fee of ten dollars for each day after such statement is due to the commission.
(1) The claimant shall establish the following by a preponderance of evidence:
The executive director shall [mail] send a notice[, by certified mail,] to any person who fails to file such statement informing the individual required to file of such failure and the fees provided by this section.
(a) The claimant was convicted of a felony offense and subsequently imprisoned;
If the person persists in such failure for a period in excess of thirty days beyond receipt of such notice, the amount of the late filing fee shall increase to one hundred dollars for each day thereafter that the statement is late, provided that the total amount of such fees assessed pursuant to this subsection per statement shall not exceed six thousand dollars.
(b) The claimant's judgment of conviction was reversed or vacated and either the charges were dismissed or on retrial the claimant was found to be not guilty;
(c) The claimant did not commit the offense or offenses for which the claimant was convicted and was not an accessory or accomplice to the acts that were the basis of the conviction and resulted in a reversal or vacation of the judgment of conviction, dismissal of the charges, or finding of not guilty on retrial;
and (d) The claimant did not commit or suborn perjury, fabricate evidence, or by the claimant's own conduct cause or bring about the conviction.
Neither a confession or admission later found to be false nor a guilty plea shall constitute committing or suborning perjury, fabricating evidence, or causing or bringing about the conviction under this subsection.
(2) The court, in exercising its discretion as permitted by law regarding the weight and admissibility of evidence submitted under this section, may, in the interest of justice, give due consideration to difficulties of proof caused by the passage of time, the death or unavailability of witnesses, the destruction of evidence, or other factors not caused by such persons or those acting on their behalf.
Any person assessed a late filing fee may seek review of such assessment or the amount of late filing fees assessed, at the person's option, by filing a petition within fourteen days after receiving [actual] notice of assessment with the administrative hearing commission, or without exhausting the person's administrative remedies may seek review of such issues with the circuit court of Cole County.
(1) The suit, accompanied by a statement of the facts concerning the claim for damages, verified in the manner provided for the verification of complaints in the rules of civil procedure, shall be brought by the claimant within a period of two years after the:
Page 7 of 12 5542H02.01H (a) Dismissal of the criminal charges against the claimant or finding of not guilty on retrial;
or (b) Grant of a pardon to the claimant.
(2) A claimant convicted, imprisoned, and released from custody before August 28, 2026, shall commence an action under this section no later than August 28, 2028.
(3) All pleadings shall be captioned "In the matter of the wrongful conviction of".
(4) Any claim filed under this section shall be served on the attorney general.
(5) The suit for a claim filed under this section shall be tried by the court, and no request for a jury trial shall be made.
The executive director of the Missouri ethics commission shall collect such late filing fees as are provided for in this section.
(1) Damages awarded under this section shall be:
Unpaid late filing fees shall be collected by action filed by the commission.
(a) Except as provided in subdivision (2) of this subsection, one hundred seventy-nine dollars per day for each day of imprisonment but no more than sixty-five thousand dollars per fiscal year;
The commission shall contract with the appropriate entity to collect such late filing fees after a thirty-day delinquency.
and (b) Not less than twenty-five thousand dollars for each additional year served on parole or postrelease supervision or each additional year the claimant was required to register as a sexual offender under sections 589.400 to 589.425, whichever is greater.
If not collected within one hundred twenty days, the Missouri ethics commission shall file a petition in Cole County circuit court to seek a judgment on said fees.
(2) A claimant shall not receive compensation for any period of incarceration during which the claimant was concurrently serving a sentence for a conviction of another crime for which such claimant was lawfully incarcerated.
All late filing fees collected pursuant to this section shall be transmitted to the state treasurer and deposited to the general revenue fund.
(3) (a) Except as provided in paragraph (b) of this subdivision, the court shall order that the award be paid as a combination of an initial payment not to exceed one hundred thousand dollars or twenty-five percent of the award, whichever is greater, and the remainder as an annuity not to exceed eighty thousand dollars per year.
The claimant shall designate a beneficiary or beneficiaries for the annuity by filing such designation with the court.
(b) The court may order that the award be paid in one lump sum if the court finds that it is in the best interests of the claimant.
(4) In addition to the damages awarded under subdivision (1) of this subsection, the claimant:
(a) Shall be entitled to receive reasonable attorney's fees and costs incurred in the action brought under this section not to exceed a total of twenty-five thousand dollars, unless a greater reasonable total is authorized by the court upon a finding of good cause shown;
(b) May also be awarded other nonmonetary relief as sought in the complaint including, but not limited to, counseling, housing assistance, and personal financial literacy assistance, as appropriate;
and (c) Shall be entitled to receive tuition assistance under section 506.403.
The late filing fees provided by this section shall be in addition to any penalty provided by law for violations of sections 105.483 to 105.492 or chapter 130.
(1) If, at the time of the judgment entry referred to in subsection 5 of this section, the claimant has won a monetary award against the state or any political subdivision thereof in a civil action related to the same subject, or has entered into a settlement agreement with the state Page 8 of 12 5542H02.01H or any political subdivision thereof related to the same subject, the amount of the award in the action or the amount received in the settlement agreement, less any sums paid to attorneys or for costs in litigating the other civil action or obtaining the settlement agreement, shall be deducted from the sum of moneys to which the claimant is entitled under this section.
The court shall include in the judgment entry an award to the state of any amount deducted under this subsection.
(2) If subdivision (1) of this subsection does not apply and if, after the time of the judgment entry referred to in subsection 5 of this section, the claimant wins a monetary award against the state or any political subdivision thereof in a civil action related to the same subject, or enters into a settlement agreement with the state or any political subdivision thereof related to the same subject, the claimant shall reimburse the state for the sum of moneys paid under the judgment entry referred to in subsection 5 of this section, less any sums paid to attorneys or for costs in litigating the other civil action or obtaining the settlement agreement.
A reimbursement required under this subsection shall not exceed the amount of the monetary award the claimant wins for damages in the other civil action or the amount received in the settlement agreement.
If any candidate fails to file a campaign disclosure report in a timely manner and that candidate is assessed a late filing fee, the candidate, candidate committee treasurer or assistant treasurer may file an appeal of the assessment of the late filing fee with the commission.
If the court finds that the claimant is entitled to a judgment, it shall enter a certificate of innocence finding that the claimant was innocent of all offenses for which the claimant was mistakenly convicted.
The commission may forgive the assessment of the late filing fee upon a showing of good cause.
The clerk of the court shall send a certified copy of the certificate of innocence and the judgment entry to the attorney general for payment under section 105.711.
Such appeal shall be filed within ten days of the receipt of notice of the assessment of the late filing fee.
8.
143.611.
Upon entry of a certificate of innocence, the claimant shall automatically be granted an order of expungement from the court in which he or she pled guilty or was sentenced to expunge from all official records or recordations of his or her arrest, plea, trial, or conviction.
Upon granting of the order of expungement, the records and files maintained in any administrative or court proceeding in an associate or circuit division of the court shall be confidential and only available to the parties or by order of the court for good cause shown.
The effect of such order shall be to restore such person to the status he or she occupied prior to such arrest, plea, or conviction and as if such event had never taken place.
No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his or her failure to recite or acknowledge such arrest, plea, trial, conviction, or expungement in response to any inquiry made of him or her for any purpose whatsoever, and no such inquiry shall be made for information relating to an expungement under this subsection.
9.
Upon entry of a certificate of innocence, the court shall order the expungement and destruction of the associated biological samples authorized by and given to the Missouri state highway patrol.
The order shall state the information required to be stated in a petition to expunge and destroy the samples and profile record and shall direct the Missouri state highway patrol to expunge and destroy such samples and profile record.
The clerk of the court shall send a certified copy of the order to the Missouri state highway patrol, which shall carry out the order Page 9 of 12 5542H02.01H and provide confirmation of such action to the court.
Nothing in this subsection shall require the Missouri state highway patrol to expunge and destroy any sample or profile record associated with the claimant that was related to any offense other than the offense for which the court has entered a certificate of innocence.
10.
The decision to grant or deny a certificate of innocence shall not have a res judicata effect on any other proceedings.
11.
Nothing in this section shall preclude the department of corrections from providing a claimant reentry services that are provided to other persons including, but not limited to, financial assistance, housing assistance, mentoring, and counseling.
Such services shall be provided while an action under this section is pending and after any judgment is entered, as appropriate for such claimant.
12.
A decision under this section may be appealed to the supreme court.
506.403.
As soon as practical after the return is filed, the director of revenue shall examine it to determine the correct amount of tax.
Any individual awarded tuition assistance under section 506.400 shall receive a waiver of tuition and required fees for attendance at a public institution of higher education for up to one hundred twenty credit hours.
If the director of revenue finds that the amount of tax shown on the return is less than the correct amount, he shall notify the taxpayer SCS HB 2180 4 of the amount of the deficiency proposed to be assessed.
Such individual may attend a public institution of higher education either full-time or part-time.
If the director of revenue finds that the tax paid is more than the correct amount, he shall credit the overpayment against any taxes due under sections 143.011 to 143.996 from the taxpayer and refund the difference.
No deficiency shall be proposed and no refund shall be made pursuant to this or any section of sections 143.011 to 143.996 unless the amount exceeds one dollar.
If the taxpayer fails to file an income tax return, the director of revenue shall estimate the taxpayer's taxable income and the tax thereon from any available information and notify the taxpayer of the amount proposed to be assessed as in the case of a deficiency.
(1) Subject to appropriations, the department of higher education may make expenditures to each individual awarded tuition assistance under section 506.400 who is enrolled in a public institution of higher education for reimbursement of additional fees including, but not limited to, fees for room and board, technical equipment, and course-required books.
(2) No public institution of higher education shall delay enrollment of an individual who is awarded tuition assistance under section 506.400 because appropriations are not available for any additional fees provided to such individual.
The notice required by subsections 1 and 2 of this section, hereafter referred to as a notice of deficiency, shall set forth the reason for the proposed assessment.
To remain eligible for the tuition and fees waiver under this section, an individual shall remain in good standing at the public institution of higher education where the individual is enrolled.
The notice of deficiency shall be mailed by [certified or registered] regular first class mail to the taxpayer at his last known address or delivered electronically at the taxpayer's request.
4.
In the case of a combined return, the notice of deficiency may be a single combined notice except that if the director of revenue is notified by either spouse that separate residences have been established he shall mail notices to each spouse.
Individuals shall provide a written or electronic copy of the court order awarding relief in the form of tuition assistance to the public institution of higher education or the department of higher education.
If the taxpayer is deceased, is under a legal disability, or, in the case of a corporation, has terminated its existence, a notice of deficiency may be mailed to his last known address unless the director of revenue has received notice of the existence and address of a person to receive notices with respect to such taxpayer.
5.
209.030.
The department of higher education shall adopt rules and regulations to administer the provisions of this section.
Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.
This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2026, shall be invalid and void.
Page 10 of 12 5542H02.01H [650.058.
Every adult blind person, eighteen years of age or over, of good moral character who shall have been a resident of the state of Missouri for one year or more next preceding the time of making application for the pension herein provided and every adult blind person eighteen years of age or over who may have lost his or her sight while a bona fide resident of this state and who has been a continuous resident thereof since such loss of sight, shall be entitled to receive, when enrolled under the provisions of sections 209.010 to 209.160, an annual pension as provided for herein, payable in equal monthly installments, provided, that no such person shall be entitled to or be paid a blind pension who:
Notwithstanding the sovereign immunity of the state, any individual who was found guilty of a felony in a Missouri court and was later determined to be actually innocent of such crime may be paid restitution.
(1) Owns property or has an interest in property to the value of thirty thousand dollars or more, or if married and actually living with husband or wife, if the value of his or her interest in property, together with that of such husband or wife, exceeds said amount;
The individual may receive an amount of one hundred seventy-nine dollars per day for each day of postconviction incarceration for the crime for which the individual is determined to be actually innocent.
provided that, the first one hundred thousand dollars in an individual's ABLE account under sections 209.600 to 209.645 shall be excluded from such asset limit;
The petition for the payment of said restitution shall be filed with the sentencing court.
provided, further, that in determining the total value of property owned, the real estate occupied by the blind person or spouse as the home, shall be excluded;
For the purposes of this section, the term "actually innocent" shall mean:
(2) Obtains, maintains, or renews a valid driver's license in this or any other state or territory, unless such license has been relinquished to the department of revenue and the person provides satisfactory proof of such relinquishment to the department of social services.
(1) The individual was convicted of a felony for which a final order of release was entered by the court;
The department of social services shall notify eligible blind persons with valid driver's SCS HB 2180 5 licenses that they shall surrender such licenses within sixty days of approval for a blind pension.
(2) All appeals of the order of release have been exhausted;
Upon receipt of a relinquished license under this subdivision, the department of revenue shall, if requested by the person, issue a nondriver's license card compliant with the provisions of chapter 302 at no charge to the person.
(3) The individual was not serving any term of a sentence for any other crime concurrently with the sentence for which he or she is determined to be actually innocent, unless such individual was serving another concurrent sentence because his or her parole was revoked by a court or the parole board in connection with the crime for which the person has been exonerated.
The department of social services and the department of revenue shall jointly establish procedures and shall share any information necessary to implement this subdivision;
Regardless of whether any other basis may exist for the revocation of the person's probation or parole at the time of conviction for the crime for which the person is later determined to be actually innocent, when the court's or the parole board's sole stated reason for the revocation in its order is the conviction for the crime for which the person is later determined to be actually innocent, such order shall, for purposes of this section only, be conclusive evidence that the persons's probation or parole was revoked in connection with the crime for which the person has been exonerated;
(3) Operates a motor vehicle with or without a valid driver's license;
and (4) Testing ordered under section 547.035, or testing by the order of any state or federal court, if such person was exonerated on or before August 28, 2004, or testing ordered under section 650.055, if such person was or is exonerated after August 28, 2004, or after an evidentiary hearing and finding in a habeas corpus proceeding or a proceeding held pursuant to section 547.031 which demonstrates a person's innocence of the crime for which the person is in custody.
(4) Has a sighted spouse resident in this state who upon the investigation of the family support division may be found to be able to provide for the reasonable support of such applicant if the sighted spouse's annual income is equal to or greater than five hundred percent of the federal poverty level for each state fiscal year;
Any individual who receives restitution under this section shall be prohibited from seeking any civil redress from the state, its departments and agencies, or any employee thereof, or any political subdivision or its employees.
(5) Publicly solicits alms in any manner or through any artifice in any part of this state;
This section shall not be construed as a waiver of sovereign immunity for any purposes other than the restitution provided for herein.
(6) Is maintained in a private or endowed institution or is an inmate of a public institution, except as a patient in a public medical institution[;], provided[,] that benefits shall not be paid to a blind person under sixty-five years of age, who is a patient in an institution for mental diseases or tuberculosis.
The department of corrections shall determine the aggregate amount of restitution owed during a fiscal year.
In order to comply with federal laws and regulations and state plans in making payments to or on behalf of mentally ill individuals sixty-five years of age, or over, who are patients in a state mental institution, the family support division shall require agreements or other arrangements with the institution to provide a framework for cooperation and to assure that state plan requirements and federal laws and regulations relating to such payment will be observed.
If insufficient moneys are appropriated each fiscal year to pay restitution to such persons, the department shall pay each individual who has received an order awarding restitution a pro rata share of the amount appropriated.
In the event the federal laws or regulations will not permit approval of the state plan for benefit payments to or on behalf of an individual who is sixty-five years of age, or over, and is a patient in a state institution for mental diseases, this portion of this subdivision shall be inoperative until approval of a state plan is obtained;
Provided sufficient moneys are appropriated to the department, the amounts owed to such individual shall be paid on June thirtieth of each subsequent fiscal year, until such time as the restitution to the individual has been paid in full.
(7) Is otherwise not blind and not eligible for a blind pension under this chapter;
However, no individual awarded restitution under this subsection shall receive more than sixty-five thousand dollars during each Page 11 of 12 5542H02.01H fiscal year.
or (8) Pleads guilty or has been found to have violated section 209.140.
No interest on unpaid restitution shall be awarded to the individual.
However, an individual may also be awarded other nonmonetary relief, including counseling, housing assistance, and personal financial literary assistance.
Any applicant for or any recipient of a blind pension who does not submit, without good cause or as otherwise specified by the department of social services, to a vision test as required under section 209.040 within thirty days of a request by the department shall not be eligible for a blind pension and the department shall terminate payment after notice and an opportunity for a hearing.
If the results of the DNA testing confirm the person's guilt, then the person filing for DNA testing under section 547.035, shall:
(1) Be liable for any reasonable costs incurred when conducting the DNA test, including but not limited to the cost of the test.
Such costs shall be determined by the court and shall be included in the findings of fact and conclusions of law made by the court;
and (2) Be sanctioned under the provisions of section 217.262.
The applicant for or recipient of a blind pension shall inform the department of any change of address or other contact information and any other change of circumstances that may impact the applicant or recipient's eligibility for a blind pension within ten days of the change.
A petition for payment of restitution under this section may be filed only by the individual determined to be actually innocent or the individual's legal guardian.
Any notice served on the applicant or recipient shall be sent by [certified] mail delivered by the United States Postal Service at the applicant's or recipient's address of record SCS HB 2180 6 and shall be deemed service for all purposes under sections 209.010 to 209.160, except that for any notice of adverse actions being taken against the applicant or recipient to be deemed service for all purposes under sections 209.010 to 209.160, such notice shall also be sent by certified mail delivered by the United States Postal Service at the applicant's or recipient's address of record.
No claim or petition for restitution under this section may be filed by the individual's heirs or assigns.
Adverse actions shall include, but are not limited to, setting a hearing date, terminating payments, and other significant actions the department can take against the applicant or recipient under sections 209.010 to 209.160.
An individual's right to receive restitution under this section is not assignable or otherwise transferrable.
The state's obligation to pay restitution under this section shall cease upon the individual's death.
Any beneficiary designation that purports to bequeath, assign, or otherwise convey the right to receive such restitution shall be void and unenforceable.
4.
An individual who is determined to be actually innocent of a crime under this chapter shall automatically be granted an order of expungement from the court in which he or she pled guilty or was sentenced to expunge from all official records all recordations of his or her arrest, plea, trial or conviction.
Upon the court's granting of the order of expungement, the records and files maintained in any administrative or court proceeding in an associate or circuit division of the court shall be confidential and available only to the parties or by order of the court for good cause shown.
The effect of such order shall be to restore such person to the status he or she occupied prior to such arrest, plea or conviction and as if such event had never taken place.
No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his or her failure to recite or acknowledge such arrest, plea, trial, conviction or expungement in response to any inquiry made of him or her for any purpose whatsoever and no such inquiry shall be made for information relating to an expungement under this section.]";
and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
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