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4353S.03C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1127
AN ACT
To repeal sections 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.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 8.900, 109.005, 191.905, 210.102,
253.092, 253.120, 261.275, 265.180, 348.409, and 700.041, RSMo,
are repealed and eleven new sections enacted in lieu thereof,
to be known as sections 8.900, 33.082, 109.005, 191.905,
210.102, 253. 092, 253.120, 261.275, 265.180, 348.409, and
700.041, to read as follows:
8.900. 1. A permanent memorial for workers who were
killed on the job in Missouri or who suffered an on-the-job
injury that resulted in a permanent disability shall be
established and located on the grounds of the state capitol.
2. There is hereby established in the state treasury
the "Workers Memorial Fund". Gifts, grants and devises may
be deposited in the workers memorial fund. [Notwithstanding
the provisions of section 33.080, moneys in the fund shall
not revert to general revenue.] The state treasurer shall
invest the moneys from the fund in the same manner as other
state funds are invested. Interest accruing to the fund
shall be deposited in the fund and shall not be transferred
to the general revenue fund.
33.082. The state treasurer shall, by no later than
December thirty-first of each year, submit a report to the
general assembly detailing each fund established in the
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state treasury from which a disbursement has not been made
during the five year period ending on June thirtieth of such
year, and whether or not any remaining moneys in such funds
have been transferred to the general revenue fund pursuant
to section 33.080.
109.005. 1. There is hereby established in the state
treasury a special fund to be known as the "State Document
Preservation Fund". The fund shall consist of all moneys
received from gifts, bequests, or contributions for the
specific purpose of preserving legal, historical and
genealogical materials and making them available to the
public.
2. The state treasurer shall invest moneys in the
state document preservation fund in the same manner as
surplus state funds are invested pursuant to section
30.260. All earnings which result from the investment of
moneys in the state document preservation fund shall be
credited to the fund.
[3. 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.]
191.905. 1. No health care provider shall knowingly
make or cause to be made a false statement or false
representation of a material fact in order to receive a
health care payment, including but not limited to:
(1) Knowingly presenting to a health care payer a
claim for a health care payment that falsely represents that
the health care for which the health care payment is claimed
was medically necessary, if in fact it was not;
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(2) Knowingly concealing the occurrence of any event
affecting an initial or continued right under a medical
assistance program to have a health care payment made by a
health care payer for providing health care;
(3) Knowingly concealing or failing to disclose any
information with the intent to obtain a health care payment
to which the health care provider or any other health care
provider is not entitled, or to obtain a health care payment
in an amount greater than that which the health care
provider or any other health care provider is entitled;
(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.
2. No person shall knowingly solicit or receive any
remuneration, including any kickback, bribe, or rebate,
directly or indirectly, overtly or covertly, in cash or in
kind in return for:
(1) Referring another person to a health care provider
for the furnishing or arranging for the furnishing of any
health care; or
(2) Purchasing, leasing, ordering or arranging for or
recommending purchasing, leasing or ordering any health care.
3. No person shall knowingly offer or pay any
remuneration, including any kickback, bribe, or rebate,
directly or indirectly, overtly or covertly, in cash or in
kind, to any person to induce such person to refer another
person to a health care provider for the furnishing or
arranging for the furnishing of any health care.
4. Subsections 2 and 3 of this section shall not apply
to a discount or other reduction in price obtained by a
health care provider if the reduction in price is properly
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disclosed and appropriately reflected in the claim made by
the health care provider to the health care payer, or any
amount paid by an employer to an employee for employment in
the provision of health care.
5. Exceptions to the provisions of subsections 2 and 3
of this section shall be provided for as authorized in 42
U.S.C. Section 1320a-7b(3)(E), as may be from time to time
amended, and regulations promulgated pursuant thereto.
6. No person shall knowingly abuse a person receiving
health care.
7. A person who violates subsections 1 to 3 of this
section is guilty of a class D felony upon his or her first
conviction, and shall be guilty of a class B felony upon his
or her second and subsequent convictions. Any person who
has been convicted of such violations shall be referred to
the Office of Inspector General within the United States
Department of Health and Human Services. The person so
referred shall be subject to the penalties provided for
under 42 U.S.C. Chapter 7, Subchapter XI, Section 1320a-7.
A prior conviction shall be pleaded and proven as provided
by section 558.021. A person who violates subsection 6 of
this section shall be guilty of a class D felony, unless the
act involves no physical, sexual or emotional harm or injury
and the value of the property involved is less than five
hundred dollars, in which event a violation of subsection 6
of this section is a class A misdemeanor.
8. Any natural person who willfully prevents,
obstructs, misleads, delays, or attempts to prevent,
obstruct, mislead, or delay the communication of information
or records relating to a violation of sections 191.900 to
191.910 is guilty of a class E felony.
9. Each separate false statement or false
representation of a material fact proscribed by subsection 1
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of this section or act proscribed by subsection 2 or 3 of
this section shall constitute a separate offense and a
separate violation of this section, whether or not made at
the same or different times, as part of the same or separate
episodes, as part of the same scheme or course of conduct,
or as part of the same claim.
10. In a prosecution pursuant to subsection 1 of this
section, circumstantial evidence may be presented to
demonstrate that a false statement or claim was knowingly
made. Such evidence of knowledge may include but shall not
be limited to the following:
(1) A claim for a health care payment submitted with
the health care provider's actual, facsimile, stamped,
typewritten or similar signature on the claim for health
care payment;
(2) A claim for a health care payment submitted by
means of computer billing tapes or other electronic means;
(3) A course of conduct involving other false claims
submitted to this or any other health care payer.
11. Any person convicted of a violation of this
section, in addition to any fines, penalties or sentences
imposed by law, shall be required to make restitution to the
federal and state governments, in an amount at least equal
to that unlawfully paid to or by the person, and shall be
required to reimburse the reasonable costs attributable to
the investigation and prosecution pursuant to sections
191.900 to 191.910. All of such restitution shall be paid
and deposited to the credit of the "MO HealthNet Fraud
Reimbursement Fund", which is hereby established in the
state treasury. Moneys in the MO HealthNet fraud
reimbursement fund shall be divided and appropriated to the
federal government and affected state agencies in order to
refund moneys falsely obtained from the federal and state
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governments. All of such cost reimbursements attributable
to the investigation and prosecution shall be paid and
deposited to the credit of the "MO HealthNet Fraud
Prosecution Revolving Fund", which is hereby established in
the state treasury. Moneys in the MO HealthNet fraud
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. No moneys shall be paid into the MO HealthNet
fraud protection revolving fund pursuant to this subsection
unless the attorney general or appropriate prosecuting or
circuit attorney shall have commenced a prosecution pursuant
to this section, and the court finds in its discretion that
payment of attorneys' fees and investigative costs is
appropriate under all the circumstances, and the attorney
general and prosecuting or circuit attorney shall prove to
the court those expenses which were reasonable and necessary
to the investigation and prosecution of such case, and the
court approves such expenses as being reasonable and
necessary. Any moneys remaining in the MO HealthNet fraud
reimbursement fund after division and appropriation to the
federal government and affected state agencies shall be used
to increase MO HealthNet provider reimbursement until it is
at least one hundred percent of the Medicare provider
reimbursement rate for comparable services. [The provisions
of section 33.080 notwithstanding, moneys in the MO
HealthNet fraud prosecution revolving fund shall not lapse
at the end of the biennium.]
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12. 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
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:
(1) The person committing the violation of this
section furnished personnel employed by the attorney general
and responsible for investigating violations of sections
191.900 to 191.910 with all information known to such person
about the violation within thirty days after the date on
which the defendant first obtained the information;
(2) Such person fully cooperated with any government
investigation of such violation; and
(3) At the time such person furnished the personnel of
the attorney general with the information about the
violation, no criminal prosecution, civil action, or
administrative action had commenced with respect to such
violation, and the person did not have actual knowledge of
the existence of an investigation into such violation.
13. Upon conviction pursuant to this section, the
prosecution authority shall provide written notification of
the conviction to all regulatory or disciplinary agencies
with authority over the conduct of the defendant health care
provider.
14. The attorney general may bring a civil action
against any person who shall receive a health care payment
as a result of a false statement or false representation of
a material fact made or caused to be made by that person.
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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
civil action. All such restitution shall be paid and
deposited to the credit of the MO HealthNet fraud
reimbursement fund, and all such cost reimbursements shall
be paid and deposited to the credit of the MO HealthNet
fraud prosecution revolving fund. No reimbursement of such
costs attributable to the prosecution of the civil action
shall be made or allowed except with the approval of the
court having jurisdiction of the civil action. No civil
action provided by this subsection shall be brought if
restitution and civil penalties provided by subsections 11
and 12 of this section have been previously ordered against
the person for the same cause of action.
15. Any person who discovers a violation by himself or
herself or such person's organization and who reports such
information voluntarily before such information is public or
known to the attorney general shall not be prosecuted for a
criminal violation.
210.102. 1. There is hereby established within the
department of elementary and secondary education the
"Coordinating Board for Early Childhood", which shall
constitute a body corporate and politic, and shall include,
but not be limited to, the following members:
(1) A representative from the governor's office;
(2) A representative from each of the following
departments: health and senior services, mental health,
social services, and elementary and secondary education;
(3) A representative of the judiciary;
(4) A representative of the family and community trust
board (FACT);
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(5) A representative from the head start program; and
(6) Nine members appointed by the governor with the
advice and consent of the senate who are representatives of
the groups, such as business, philanthropy, civic groups,
faith-based organizations, parent groups, advocacy
organizations, early childhood service providers, and other
stakeholders.
The coordinating board may make all rules it deems necessary
to enable it to conduct its meetings, elect its officers,
and set the terms and duties of its officers. The
coordinating board shall elect from amongst its members a
chairperson, vice chairperson, a secretary-reporter, and
such other officers as it deems necessary. Members of the
board shall serve without compensation but may be reimbursed
for actual expenses necessary to the performance of their
official duties for the board.
2. The coordinating board for early childhood shall
have the power to:
(1) Develop a comprehensive statewide long-range
strategic plan for a cohesive early childhood system;
(2) Confer with public and private entities for the
purpose of promoting and improving the development of
children from birth through age five of this state;
(3) Identify legislative recommendations to improve
services for children from birth through age five;
(4) Promote coordination of existing services and
programs across public and private entities;
(5) Promote research-based approaches to services and
ongoing program evaluation;
(6) Identify service gaps and advise public and
private entities on methods to close such gaps;
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(7) Apply for and accept gifts, grants,
appropriations, loans, or contributions to the coordinating
board for early childhood fund from any source, public or
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;
(8) Direct disbursements from the coordinating board
for early childhood fund as provided in this section;
(9) Administer the coordinating board for early
childhood fund and invest any portion of the moneys not
required for immediate disbursement in obligations of the
United States or any agency or instrumentality of the United
States, in obligations of the state of Missouri and its
political subdivisions, in certificates of deposit and time
deposits, or other obligations of banks and savings and loan
associations, or in such other obligations as may be
prescribed by the board;
(10) Purchase, receive, take by grant, gift, devise,
bequest or otherwise, lease, or otherwise acquire, own,
hold, improve, employ, use, and otherwise deal with real or
personal property or any interests therein, wherever
situated;
(11) Sell, convey, lease, exchange, transfer or
otherwise dispose of all or any of its property or any
interest therein, wherever situated;
(12) Employ and fix the compensation of an executive
director and such other agents or employees as it considers
necessary;
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(13) Adopt, alter, or repeal by its own bylaws, rules,
and regulations governing the manner in which its business
may be transacted;
(14) Adopt and use an official seal;
(15) Assess or charge fees as the board determines to
be reasonable to carry out its purposes;
(16) Make all expenditures which are incident and
necessary to carry out its purposes;
(17) Sue and be sued in its official name;
(18) Take such action, enter into such agreements, and
exercise all functions necessary or appropriate to carry out
the duties and purposes set forth in this section.
3. There is hereby created the "Coordinating Board for
Early Childhood Fund" which shall consist of the following:
(1) Any moneys appropriated by the general assembly
for use by the board in carrying out the powers set out in
subsections 1 and 2 of this section;
(2) Any moneys received from grants or which are
given, donated, or contributed to the fund from any source;
(3) Any moneys received as fees authorized under
subsections 1 and 2 of this section;
(4) Any moneys received as interest on deposits or as
income on approved investments of the fund;
(5) Any moneys obtained from any other available
source.
[Notwithstanding the provisions of section 33.080 to the
contrary, any moneys remaining in the coordinating board for
early childhood fund at the end of the biennium shall not
revert to the credit of the general revenue fund.]
253.092. 1. There is hereby created in the state
treasury the "Arrow Rock State Historic Site Endowment
Fund". The fund shall be administered by the Missouri
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department of natural resources. All moneys, funds, or
other assets acquired for purposes of this section shall be
deposited with the state treasurer to the credit of the
fund. All income, interest, rights, or rent earned through
the operation of the fund shall also be credited to the
fund. All other property, real and personal, acquired
through any grant, gift, donation, devise, or bequest
specified for the Arrow Rock state historic site endowment
fund for purposes stated in this section shall also be
deposited in the fund. The original bequest of Bill and
Cora Lee Miller made in the amount of twenty-one thousand
nine hundred sixty-five dollars and ninety-two cents to the
state park earnings fund is hereby transferred into the
Arrow Rock state historic site endowment fund.
2. The Arrow Rock state historic site endowment fund
shall be used for the enhancement of Arrow Rock state
historic site's public interpretive programs, and may be
used by the Missouri department of natural resources for the
preparation of museum exhibits, acquisition of artifacts,
publication of information, payment of fees for exhibits or
lectures, or other similar interpretive needs at Arrow Rock
state historic site and for no other purpose.
3. The state treasurer shall be the custodian of all
moneys, bonds, securities, or interests and rights therein
deposited in the state treasury to the credit of the Arrow
Rock state historic site endowment fund and shall invest the
moneys in the fund in a manner as provided by law.
4. Until January 1, 2100, the Missouri department of
natural resources may annually expend an amount equal to one-
half of the interest earned by the Arrow Rock state historic
site endowment fund in the immediately preceding fiscal year
for the purposes stated in this section. Beginning January
1, 2100, and thereafter the Missouri department of natural
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resources may annually expend an amount equal to the
interest earned by the Arrow Rock state historic site
endowment fund in the immediately preceding fiscal year, for
the purposes stated in this section.
5. Funds from the Arrow Rock state historic site
endowment fund shall be expended only upon appropriation by
the general assembly. [Notwithstanding the provisions of
section 33.080 to the contrary, funds appropriated, but not
expended by the end of the fiscal year, shall revert to the
Arrow Rock state historic site endowment fund.]
253.120. 1. The endowment fund authorized by section
2, Laws of Missouri 1925, page 136, shall be maintained by
the department of natural resources as a permanent endowment
for the maintenance of the Confederate Memorial Park. The
department of natural resources may accept gifts, donations,
or bequests for the maintenance of the memorial park and for
the endowment fund until the fund reaches the sum of seventy-
five thousand dollars. The department of natural resources
may sell, convey or otherwise convert into money any
property received and shall invest all moneys of the
endowment fund and use the income therefrom for the
maintenance of the park, but the principal shall remain
intact as a permanent endowment fund.
2. Notwithstanding any provision of law to the
contrary, any moneys remaining in the endowment fund as of
June 30, 2027, shall be transferred to the general revenue
fund pursuant to section 33.080.
261.275. 1. There is hereby created in the state
treasury the "Missouri Dairy Industry Revitalization Fund",
which shall consist of moneys appropriated to the fund. The
state treasurer shall be custodian of the fund. In
accordance with sections 30.170 and 30.180, the state
treasurer may approve disbursements of the fund. Upon
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appropriation by the general assembly, moneys in the fund
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. [Notwithstanding the
provisions of section 33.080 to the contrary, any moneys
remaining in the fund at the end of the biennium shall not
revert to the credit of the general revenue fund.] The
state treasurer shall invest moneys in the fund in the same
manner as other funds are invested. Any interest and moneys
earned on such investments shall be credited to the fund.
2. Moneys appropriated from the general revenue fund
to the Missouri dairy industry revitalization fund shall not
exceed forty percent of the estimated sales tax revenue
generated in the state from the sale of dairy products
during the preceding fiscal year, calculated under
subsection 3 of this section, and shall be expended in the
following order of priority:
(1) First, to the dairy producer margin insurance
premium assistance program created under section 261.280;
(2) Second, to the Missouri dairy scholars program
created under section 261.285; and
(3) Third, to the commercial agriculture program
created under section 261.290.
3. Each fiscal year the University of Missouri shall
conduct research, or contract with an independent research
company to conduct research, to determine the estimated
sales tax revenue generated in the state from the sale of
dairy products. The cost for such calculation shall be paid
out of the Missouri dairy industry revitalization fund. The
estimated sales tax revenue generated in the state from the
sale of dairy products shall be provided to the department
of agriculture by October first of each year.
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265.180. 1. All moneys received by the director under
the provisions of section 265.150 shall be paid to the state
treasurer to be credited to the "Apple Merchandising Fund"
which is hereby created.
2. All moneys credited to the apple merchandising fund
shall be appropriated by the general assembly only for the
purposes as herein set forth, to be used exclusively for the
administration and enforcement of sections 265.130 to
265.210, including the collection of fees, the payment for
personal services and expenses of employees and agents of
the director, and the payment of rent, services, materials
and supplies necessary to effectuate the purposes and object
of sections 265.130 to 265.210.
[3. The unexpended balance in the apple merchandising
fund at the end of the biennium shall not be transferred to
the ordinary 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 ordinary
revenue funds of the state by the state treasurer.]
348.409. 1. There is hereby established in the state
treasury the "Agricultural Product Utilization and Business
Development Loan Guarantee Fund". The fund shall consist of
money appropriated to it by the general assembly, charges,
gifts, grants, bequests from federal, private or other
sources, and investment income on the fund.
[Notwithstanding the provisions of section 33.080, no
portion of the fund shall be transferred to the general
revenue fund.]
2. All moneys received by the authority for payments
made on previously defaulted guaranteed loans shall be paid
promptly into the state treasury and deposited in the fund.
3. The fund shall be administered by the authority.
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4. Beginning with fiscal year 1997-98, the general
assembly may appropriate moneys not to exceed two and one-
half million dollars for the establishment and initial
funding of the fund.
5. Moneys in the fund, both unobligated and obligated
as a reserve, which in the judgment of the authority are not
currently needed for payments of defaults of guaranteed
loans, may be invested by the state treasurer, and any
income therefrom shall be deposited to the credit of the
fund.
700.041. 1. There 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 promulgate by
rule. The public service commission shall administer the
manufactured housing consumer recovery fund and all moneys
in the fund shall be used solely as prescribed in this
section. Any interest earned from the investment of moneys
in the fund shall be credited to the fund.
2. Claims approved by the commission under law may be
paid from the fund subject to appropriation. No claims
shall be considered by the commission until all other legal
remedies have been exhausted. The commission shall
establish an advisory committee to assist with the
evaluation of all claims filed by consumers. The committee
members shall be volunteers and serve without compensation.
[3. Notwithstanding the provisions of section 33.080
to the contrary, moneys in the manufactured housing consumer
recovery fund shall not be transferred to the credit of the
general revenue fund at the end of the biennium; however,
the total amount in the manufactured housing consumer
recovery fund shall not exceed thirty-two percent of the
amount of the annual appropriation of the manufactured
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housing fund from the preceding fiscal year. Moneys in the
manufactured housing consumer recovery fund may be
transferred back to the manufactured housing fund by
appropriation.]