Modifies provisions relating to mail sent by state entities

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1420
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BERNSKOETTER.
6061S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 105.963, 143.611, and 209.030, RSMo, and to enact in lieu thereof three new
sections relating to mail sent by state entities.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 105.963, 143.611, and 209.030, RSMo, 1
are repealed and three new sections enacted in lieu thereof, to 2
be known as sections 105.963, 143.611, and 209.030, to read as 3
follows:4
105.963. 1. The executive director shall assess every 1
committee, as defined in section 130.011, failing to file 2
with a filing officer other than a local election authority 3
as provided by section 130.026 a campaign disclosure report 4
as required by chapter 130, other than the report required 5
pursuant to subdivision (1) of subsection 1 of section 6
130.046, a late filing fee of ten dollars for each day after 7
such report is due to the commission. The executive 8
director shall [mail] send a notice[, by registered mail,] 9
to any candidate and the treasurer of any committee who 10
fails to file such report informing such person of such 11
failure and the fees provided by this section. If the 12
candidate or treasurer of any committee persists in such 13
failure for a period in excess of thirty days beyond receipt 14
of such notice, the amount of the late filing fee shall 15
increase to one hundred dollars for each day that the report 16
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is not filed, provided that the total amount of such fees 17
assessed pursuant to this subsection per report shall not 18
exceed three thousand dollars. 19
2. (1) Any candidate for state or local office who 20
fails to file a campaign disclosure report required pursuant 21
to subdivision (1) of subsection 1 of section 130.046, other 22
than a report required to be filed with a local election 23
authority as provided by section 130.026, shall be assessed 24
by the executive director a late filing fee of one hundred 25
dollars for each day that the report is not filed, until the 26
first day after the date of the election. After such 27
election date, the amount of such late filing fee shall 28
accrue at the rate of ten dollars per day that such report 29
remains unfiled, except as provided in subdivision (2) of 30
this subsection. 31
(2) The executive director shall [mail] send a 32
notice[, by certified mail or other means to give actual 33
notice,] to any candidate who fails to file the report 34
described in subdivision (1) of this subsection informing 35
such person of such failure and the fees provided by this 36
section. If the candidate persists in such failure for a 37
period in excess of thirty days beyond receipt of such 38
notice, the amount of the late filing fee shall increase to 39
one hundred dollars for each day that the report is not 40
filed, provided that the total amount of such fees assessed 41
pursuant to this subsection per report shall not exceed six 42
thousand dollars. 43
3. The executive director shall assess every person 44
required to file a financial interest statement pursuant to 45
sections 105.483 to 105.492 failing to file such a financial 46
interest statement with the commission a late filing fee of 47
ten dollars for each day after such statement is due to the 48
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commission. The executive director shall [mail] send a 49
notice[, by certified mail,] to any person who fails to file 50
such statement informing the individual required to file of 51
such failure and the fees provided by this section. If the 52
person persists in such failure for a period in excess of 53
thirty days beyond receipt of such notice, the amount of the 54
late filing fee shall increase to one hundred dollars for 55
each day thereafter that the statement is late, provided 56
that the total amount of such fees assessed pursuant to this 57
subsection per statement shall not exceed six thousand 58
dollars. 59
4. Any person assessed a late filing fee may seek 60
review of such assessment or the amount of late filing fees 61
assessed, at the person's option, by filing a petition 62
within fourteen days after receiving [actual] notice of 63
assessment with the administrative hearing commission, or 64
without exhausting the person's administrative remedies may 65
seek review of such issues with the circuit court of Cole 66
County. 67
5. The executive director of the Missouri ethics 68
commission shall collect such late filing fees as are 69
provided for in this section. Unpaid late filing fees shall 70
be collected by action filed by the commission. The 71
commission shall contract with the appropriate entity to 72
collect such late filing fees after a thirty-day 73
delinquency. If not collected within one hundred twenty 74
days, the Missouri ethics commission shall file a petition 75
in Cole County circuit court to seek a judgment on said 76
fees. All late filing fees collected pursuant to this 77
section shall be transmitted to the state treasurer and 78
deposited to the general revenue fund. 79
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6. The late filing fees provided by this section shall 80
be in addition to any penalty provided by law for violations 81
of sections 105.483 to 105.492 or chapter 130. 82
7. If any candidate fails to file a campaign 83
disclosure report in a timely manner and that candidate is 84
assessed a late filing fee, the candidate, candidate 85
committee treasurer or assistant treasurer may file an 86
appeal of the assessment of the late filing fee with the 87
commission. The commission may forgive the assessment of 88
the late filing fee upon a showing of good cause. Such 89
appeal shall be filed within ten days of the receipt of 90
notice of the assessment of the late filing fee. 91
143.611. 1. As soon as practical after the return is 1
filed, the director of revenue shall examine it to determine 2
the correct amount of tax. If the director of revenue finds 3
that the amount of tax shown on the return is less than the 4
correct amount, he shall notify the taxpayer of the amount 5
of the deficiency proposed to be assessed. If the director 6
of revenue finds that the tax paid is more than the correct 7
amount, he shall credit the overpayment against any taxes 8
due under sections 143.011 to 143.996 from the taxpayer and 9
refund the difference. No deficiency shall be proposed and 10
no refund shall be made pursuant to this or any section of 11
sections 143.011 to 143.996 unless the amount exceeds one 12
dollar. 13
2. If the taxpayer fails to file an income tax return, 14
the director of revenue shall estimate the taxpayer's 15
taxable income and the tax thereon from any available 16
information and notify the taxpayer of the amount proposed 17
to be assessed as in the case of a deficiency. 18
3. The notice required by subsections 1 and 2 of this 19
section, hereafter referred to as a notice of deficiency, 20
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shall set forth the reason for the proposed assessment. The 21
notice of deficiency shall be mailed by [certified or 22
registered] regular first class mail to the taxpayer at his 23
last known address or delivered electronically at the 24
taxpayer's request. In the case of a combined return, the 25
notice of deficiency may be a single combined notice except 26
that if the director of revenue is notified by either spouse 27
that separate residences have been established he shall mail 28
notices to each spouse. If the taxpayer is deceased, is 29
under a legal disability, or, in the case of a corporation, 30
has terminated its existence, a notice of deficiency may be 31
mailed to his last known address unless the director of 32
revenue has received notice of the existence and address of 33
a person to receive notices with respect to such taxpayer. 34
209.030. 1. Every adult blind person, eighteen years 1
of age or over, of good moral character who shall have been 2
a resident of the state of Missouri for one year or more 3
next preceding the time of making application for the 4
pension herein provided and every adult blind person 5
eighteen years of age or over who may have lost his or her 6
sight while a bona fide resident of this state and who has 7
been a continuous resident thereof since such loss of sight, 8
shall be entitled to receive, when enrolled under the 9
provisions of sections 209.010 to 209.160, an annual pension 10
as provided for herein, payable in equal monthly 11
installments, provided, that no such person shall be 12
entitled to or be paid a blind pension who: 13
(1) Owns property or has an interest in property to 14
the value of thirty thousand dollars or more, or if married 15
and actually living with husband or wife, if the value of 16
his or her interest in property, together with that of such 17
husband or wife, exceeds said amount; provided that, the 18
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first one hundred thousand dollars in an individual's ABLE 19
account under sections 209.600 to 209.645 shall be excluded 20
from such asset limit; provided, further, that in 21
determining the total value of property owned, the real 22
estate occupied by the blind person or spouse as the home, 23
shall be excluded; 24
(2) Obtains, maintains, or renews a valid driver's 25
license in this or any other state or territory, unless such 26
license has been relinquished to the department of revenue 27
and the person provides satisfactory proof of such 28
relinquishment to the department of social services. The 29
department of social services shall notify eligible blind 30
persons with valid driver's licenses that they shall 31
surrender such licenses within sixty days of approval for a 32
blind pension. Upon receipt of a relinquished license under 33
this subdivision, the department of revenue shall, if 34
requested by the person, issue a nondriver's license card 35
compliant with the provisions of chapter 302 at no charge to 36
the person. The department of social services and the 37
department of revenue shall jointly establish procedures and 38
shall share any information necessary to implement this 39
subdivision; 40
(3) Operates a motor vehicle with or without a valid 41
driver's license; 42
(4) Has a sighted spouse resident in this state who 43
upon the investigation of the family support division may be 44
found to be able to provide for the reasonable support of 45
such applicant if the sighted spouse's annual income is 46
equal to or greater than five hundred percent of the federal 47
poverty level for each state fiscal year; 48
(5) Publicly solicits alms in any manner or through 49
any artifice in any part of this state; 50
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(6) Is maintained in a private or endowed institution 51
or is an inmate of a public institution, except as a patient 52
in a public medical institution; provided, that benefits 53
shall not be paid to a blind person under sixty-five years 54
of age, who is a patient in an institution for mental 55
diseases or tuberculosis. In order to comply with federal 56
laws and regulations and state plans in making payments to 57
or on behalf of mentally ill individuals sixty-five years of 58
age, or over, who are patients in a state mental 59
institution, the family support division shall require 60
agreements or other arrangements with the institution to 61
provide a framework for cooperation and to assure that state 62
plan requirements and federal laws and regulations relating 63
to such payment will be observed. In the event the federal 64
laws or regulations will not permit approval of the state 65
plan for benefit payments to or on behalf of an individual 66
who is sixty-five years of age, or over, and is a patient in 67
a state institution for mental diseases, this portion of 68
this subdivision shall be inoperative until approval of a 69
state plan is obtained; 70
(7) Is otherwise not blind and not eligible for a 71
blind pension under this chapter; or 72
(8) Pleads guilty or has been found to have violated 73
section 209.140. 74
2. Any applicant for or any recipient of a blind 75
pension who does not submit, without good cause or as 76
otherwise specified by the department of social services, to 77
a vision test as required under section 209.040 within 78
thirty days of a request by the department shall not be 79
eligible for a blind pension and the department shall 80
terminate payment after notice and an opportunity for a 81
hearing. 82
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3. The applicant for or recipient of a blind pension 83
shall inform the department of any change of address or 84
other contact information and any other change of 85
circumstances that may impact the applicant or recipient's 86
eligibility for a blind pension within ten days of the 87
change. Any notice served on the applicant or recipient 88
shall be sent by [certified] mail delivered by the United 89
States Postal Service at the applicant's or recipient's 90
address of record and shall be deemed service for all 91
purposes under sections 209.010 to 209.160, except that for 92
any notice of adverse actions being taken against the 93
applicant or recipient to be deemed service for all purposes 94
under sections 209.010 to 209.160, such notice shall also be 95
sent by certified mail delivered by the United States Postal 96
Service at the applicant's or recipient's address of 97
record. Adverse actions shall include, but are not limited 98
to, setting a hearing date, terminating payments, and other 99
significant actions the department can take against the 100
applicant or recipient under sections 209.010 to 209.160. 101
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