Text of MO HB 1434 (2018)

SECOND REGULAR SESSION HOUSE BILL NO. 1434 99TH GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE BERRY. 4662H.01I D. ADAM CRUMBLISS, Chief Clerk AN ACT To repeal sections 36.020, 50.1250, 56.110, 56.830, 57.967, 57.980, 57.982, 59.310, 59.313, 59.330, 59.410, 59.450, 64.090, 67.1421, 67.1876, 70.661, 70.675, 71.011, 71.590, 86.093, 86.251, 86.253, 86.254, 86.260, 86.280, 86.283, 86.287, 86.547, 86.1151, 86.1230, 86.1240, 86.1310, 86.1540, 86.1580, 86.1610, 87.045, 87.050, 87.195, 87.220, 87.235, 87.440, 87.445, 87.450, 87.455, 87.615, 88.080, 89.020, 104.012, 104.090, 104.140, 104.312, 104.372, 104.395, 104.420, 104.610, 104.612, 104.620, 104.1027, 104.1030, 104.1051, 104.1054, 104.1091, 105.915, 108.470, 115.167, 135.090, 135.096, 137.106, 143.124, 143.125, 143.161, 169.075, 169.076, 169.141, 169.460, 169.572, 169.590, 169.676, 169.715, 170.015, 172.310, 173.275, 182.050, 182.190, 182.640, 190.060, 190.294, 190.339, 192.016, 192.2200, 193.015, 193.085, 193.087, 193.185, 193.195, 193.205, 193.215, 193.265, 193.275, 194.115, 198.088, 199.009, 199.043, 205.970, 208.010, 208.026, 208.040, 208.784, 209.030, 209.625, 210.211, 210.481, 210.565, 210.818, 210.822, 210.824, 210.829, 210.841, 211.021, 214.270, 227.297, 273.110, 287.240, 287.812, 301.443, 301.682, 301.3121, 302.171, 302.178, 314.100, 320.320, 321.220, 321.600, 354.095, 354.536, 375.936, 375.995, 376.426, 376.428, 376.450, 376.776, 376.777, 376.806, 376.820, 376.892, 376.893, 376.894, 376.920, 376.960, 379.930, 404.051, 404.550, 404.570, 404.717, 404.719, 408.550, 408.575, 431.058, 431.061, 431.064, 431.065, 431.066, 432.010, 435.405, 442.025, 442.040, 442.160, 443.863, 446.340, 451.010, 451.020, 451.022, 451.030, 451.040, 451.080, 451.090, 451.100, 451.110, 451.115, 451.120, 451.130, 451.150, 451.151, 451.160, 451.170, 451.180, 451.190, 451.200, 451.210, 451.220, 451.230, 451.240, 451.250, 451.260, 451.270, 451.290, 452.075, 452.130, 452.150, 452.160, 452.170, 452.180, 452.190, 452.200, 452.220, 452.240, 452.300, 452.305, 452.310, 452.312, 452.314, 452.315, 452.317, 452.318, 452.320, 452.325, 452.330, 452.335, 452.340, 452.360, EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1434 2 452.370, 452.372, 452.375, 452.380, 452.402, 452.412, 452.423, 452.430, 452.600, 452.605, 453.090, 453.170, 454.440, 454.460, 454.485, 454.618, 455.010, 455.050, 455.060, 455.070, 455.085, 455.220, 455.523, 455.534, 456.014, 456.950, 456.1-112, 456.8-815, 456.10-1007, 461.045, 461.051, 461.065, 461.071, 472.010, 472.160, 473.090, 473.095, 473.120, 473.123, 473.263, 473.399, 473.490, 473.675, 474.010, 474.060, 474.120, 474.140, 474.150, 474.160, 474.170, 474.220, 474.235, 474.250, 474.270, 474.280, 474.290, 474.300, 474.310, 474.435, 475.024, 475.091, 475.094, 475.110, 475.265, 476.515, 476.521, 476.529, 476.539, 486.340, 487.080, 488.012, 488.445, 490.590, 490.600, 506.500, 509.520, 513.430, 513.440, 516.350, 523.039, 544.290, 545.660, 565.140, 565.156, 566.010, 566.023, 566.115, 566.116, 566.200, 568.010, 568.020, 575.095, 578.475, 595.010, 630.200, and 650.454, RSMo, section 166.435 as enacted by senate bill no. 366, ninety-eighth general assembly, first regular session, and section 166.435 as enacted by senate bill no. 863, ninety-fourth general assembly, second regular session, and to enact in lieu thereof three hundred six new sections relating to marriage, with penalty provisions. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Sections 36.020, 50.1250, 56.110, 56.830, 57.967, 57.980, 57.982, 59.310, 2 59.313, 59.330, 59.410, 59.450, 64.090, 67.1421, 67.1876, 70.661, 70.675, 71.011, 71.590, 3 86.093, 86.251, 86.253, 86.254, 86.260, 86.280, 86.283, 86.287, 86.547, 86.1151, 86.1230, 4 86.1240, 86.1310, 86.1540, 86.1580, 86.1610, 87.045, 87.050, 87.195, 87.220, 87.235, 87.440, 5 87.445, 87.450, 87.455, 87.615, 88.080, 89.020, 104.012, 104.090, 104.140, 104.312, 104.372, 6 104.395, 104.420, 104.610, 104.612, 104.620, 104.1027, 104.1030, 104.1051, 104.1054, 7 104.1091, 105.915, 108.470, 115.167, 135.090, 135.096, 137.106, 143.124, 143.125, 143.161, 8 169.075, 169.076, 169.141, 169.460, 169.572, 169.590, 169.676, 169.715, 170.015, 172.310, 9 173.275, 182.050, 182.190, 182.640, 190.060, 190.294, 190.339, 192.016, 192.2200, 193.015, 10 193.085, 193.087, 193.185, 193.195, 193.205, 193.215, 193.265, 193.275, 194.115, 198.088, 11 199.009, 199.043, 205.970, 208.010, 208.026, 208.040, 208.784, 209.030, 209.625, 210.211, 12 210.481, 210.565, 210.818, 210.822, 210.824, 210.829, 210.841, 211.021, 214.270, 227.297, 13 273.110, 287.240, 287.812, 301.443, 301.682, 301.3121, 302.171, 302.178, 314.100, 320.320, 14 321.220, 321.600, 354.095, 354.536, 375.936, 375.995, 376.426, 376.428, 376.450, 376.776, 15 376.777, 376.806, 376.820, 376.892, 376.893, 376.894, 376.920, 376.960, 379.930, 404.051, 16 404.550, 404.570, 404.717, 404.719, 408.550, 408.575, 431.058, 431.061, 431.064, 431.065, 17 431.066, 432.010, 435.405, 442.025, 442.040, 442.160, 443.863, 446.340, 451.010, 451.020, 18 451.022, 451.030, 451.040, 451.080, 451.090, 451.100, 451.110, 451.115, 451.120, 451.130, HB 1434 3 19 451.150, 451.151, 451.160, 451.170, 451.180, 451.190, 451.200, 451.210, 451.220, 451.230, 20 451.240, 451.250, 451.260, 451.270, 451.290, 452.075, 452.130, 452.150, 452.160, 452.170, 21 452.180, 452.190, 452.200, 452.220, 452.240, 452.300, 452.305, 452.310, 452.312, 452.314, 22 452.315, 452.317, 452.318, 452.320, 452.325, 452.330, 452.335, 452.340, 452.360, 452.370, 23 452.372, 452.375, 452.380, 452.402, 452.412, 452.423, 452.430, 452.600, 452.605, 453.090, 24 453.170, 454.440, 454.460, 454.485, 454.618, 455.010, 455.050, 455.060, 455.070, 455.085, 25 455.220, 455.523, 455.534, 456.014, 456.950, 456.1-112, 456.8-815, 456.10-1007, 461.045, 26 461.051, 461.065, 461.071, 472.010, 472.160, 473.090, 473.095, 473.120, 473.123, 473.263, 27 473.399, 473.490, 473.675, 474.010, 474.060, 474.120, 474.140, 474.150, 474.160, 474.170, 28 474.220, 474.235, 474.250, 474.270, 474.280, 474.290, 474.300, 474.310, 474.435, 475.024, 29 475.091, 475.094, 475.110, 475.265, 476.515, 476.521, 476.529, 476.539, 486.340, 487.080, 30 488.012, 488.445, 490.590, 490.600, 506.500, 509.520, 513.430, 513.440, 516.350, 523.039, 31 544.290, 545.660, 565.140, 565.156, 566.010, 566.023, 566.115, 566.116, 566.200, 568.010, 32 568.020, 575.095, 578.475, 595.010, 630.200, and 650.454, RSMo, section 166.435 as enacted 33 by senate bill no. 366, ninety-eighth general assembly, first regular session, and section 166.435 34 as enacted by senate bill no. 863, ninety-fourth general assembly, second regular session are 35 repealed and three hundred six new sections enacted in lieu thereof, to be known as sections 36 36.020, 50.1250, 56.110, 56.830, 57.967, 57.980, 57.982, 59.310, 59.313, 59.330, 59.410, 37 59.450, 64.090, 67.1421, 67.1876, 70.661, 70.675, 71.011, 71.590, 86.093, 86.251, 86.253, 38 86.254, 86.260, 86.280, 86.283, 86.287, 86.547, 86.1151, 86.1230, 86.1240, 86.1310, 86.1540, 39 86.1580, 86.1610, 87.045, 87.050, 87.195, 87.220, 87.235, 87.440, 87.445, 87.450, 87.455, 40 87.615, 88.080, 89.020, 104.012, 104.090, 104.140, 104.312, 104.372, 104.395, 104.420, 41 104.610, 104.612, 104.620, 104.1027, 104.1030, 104.1051, 104.1054, 104.1091, 105.915, 42 108.470, 115.167, 135.090, 135.096, 137.106, 143.124, 143.125, 143.161, 166.435, 169.075, 43 169.076, 169.141, 169.460, 169.572, 169.590, 169.676, 169.715, 170.015, 172.310, 173.275, 44 182.050, 182.190, 182.640, 190.060, 190.294, 190.339, 192.016, 192.2200, 193.015, 193.085, 45 193.087, 193.185, 193.195, 193.205, 193.215, 193.265, 193.275, 194.115, 198.088, 199.009, 46 199.043, 205.970, 208.010, 208.026, 208.040, 208.784, 209.030, 209.625, 210.211, 210.481, 47 210.565, 210.818, 210.822, 210.824, 210.829, 210.841, 211.021, 214.270, 227.297, 273.110, 48 287.240, 287.812, 301.443, 301.682, 301.3121, 302.171, 302.178, 314.100, 320.320, 321.220, 49 321.600, 354.095, 354.536, 375.936, 375.995, 376.426, 376.428, 376.450, 376.776, 376.777, 50 376.806, 376.820, 376.892, 376.893, 376.894, 376.920, 376.960, 379.930, 404.051, 404.550, 51 404.570, 404.717, 404.719, 408.550, 408.575, 431.058, 431.061, 431.064, 431.065, 431.066, 52 432.010, 435.405, 442.025, 442.040, 442.160, 443.863, 446.340, 451.010, 451.020, 451.030, 53 451.125, 451.130, 451.150, 451.151, 451.190, 451.200, 451.210, 451.220, 451.230, 451.240, 54 451.250, 451.260, 451.270, 452.075, 452.130, 452.150, 452.160, 452.170, 452.180, 452.190, HB 1434 4 55 452.200, 452.220, 452.240, 452.300, 452.305, 452.310, 452.312, 452.314, 452.315, 452.317, 56 452.318, 452.320, 452.325, 452.330, 452.335, 452.340, 452.360, 452.370, 452.372, 452.375, 57 452.380, 452.402, 452.412, 452.423, 452.430, 452.600, 452.605, 453.090, 453.170, 454.440, 58 454.460, 454.485, 454.618, 455.010, 455.050, 455.060, 455.070, 455.085, 455.220, 455.523, 59 455.534, 456.014, 456.950, 456.1-112, 456.8-815, 456.10-1007, 461.045, 461.051, 461.065, 60 461.071, 472.010, 472.160, 473.090, 473.095, 473.120, 473.123, 473.263, 473.399, 473.490, 61 473.675, 474.010, 474.060, 474.120, 474.140, 474.150, 474.160, 474.170, 474.220, 474.235, 62 474.250, 474.270, 474.280, 474.290, 474.300, 474.310, 474.435, 475.024, 475.091, 475.094, 63 475.110, 475.265, 476.515, 476.521, 476.529, 476.539, 486.340, 487.080, 488.012, 488.445, 64 490.590, 490.600, 506.500, 509.520, 513.430, 513.440, 516.350, 523.039, 544.290, 545.660, 65 565.140, 565.156, 566.010, 566.023, 566.115, 566.116, 566.200, 568.010, 568.020, 575.095, 66 578.475, 595.010, 630.200, and 650.454, to read as follows: 36.020. Unless the context clearly requires otherwise, the following terms mean: 2 (1) "Agency", "state agency" or "agency of the state", each department, board, 3 commission or office of the state except for offices of the elected officials, the general assembly, 4 the judiciary and academic institutions; 5 (2) "Appointing authority", an officer or agency subject to this chapter having power to 6 make appointments; 7 (3) "Board", the personnel advisory board as established by section 36.050; 8 (4) "Broad classification band", a grouping of positions with similar levels of 9 responsibility or expertise; 10 (5) "Class" or "class of positions", a group of positions subject to this chapter sufficiently 11 alike in duties, authority and responsibilities to justify the same qualifications and the same 12 schedule of pay to all positions in the group; 13 (6) "Director", the director of the division of personnel of the office of administration; 14 (7) "Disabled veteran", a veteran who has served on active duty in the Armed Forces at 15 any time who receives compensation as a result of a service-connected disability claim allowed 16 by the federal agency responsible for the administration of veteran's affairs, or who receives 17 disability retirement or disability pension benefits from a federal agency as a result of such a 18 disability or a National Guard veteran who was permanently disabled as a result of active service 19 to the state at the call of the governor; 20 (8) "Division of service" or "division", a state department or any division or branch of 21 the state, or any agency of the state government, all the positions and employees in which are 22 under the same appointing authority; 23 (9) "Eligible", a person whose name is on a register or who has been determined to meet 24 the qualifications for a class or position; HB 1434 5 25 (10) "Open competitive examination", a test for positions in a particular class, admission 26 to which is not limited to persons employed in positions subject to this chapter; 27 (11) "Promotional examination", a test for positions in a particular class, admission to 28 which is limited to employees with regular status in positions subject to this chapter; 29 (12) "Public hearing", a hearing held after public notice at which any person has a 30 reasonable opportunity to be heard; 31 (13) "Register of eligibles", a list of persons who have been found qualified by an open 32 competitive examination for appointment to a position; 33 (14) "Regular employee", an employee who has successfully completed a probationary 34 period as provided in section 36.250; 35 (15) "Reinstatement register", a list of persons who have been regular employees and 36 who have been laid off in good standing due to lack of work or funds, or other similar cause, or 37 who have been demoted in lieu of layoff; 38 (16) "State equal employment opportunity officer", the individual designated by the 39 governor or the commissioner of administration as having responsibility for monitoring the 40 compliance of the state as an employer with applicable equal employment opportunity law and 41 regulation and for leadership in efforts to establish a state workforce which reflects the diversity 42 of Missouri citizens at all levels of employment; 43 (17) "Surviving spouse", the [unmarried] surviving spouse who is not a party to a 44 contract of domestic union of a disabled veteran or any person who was killed while on active 45 duty in the Armed Forces of the United States or [an unmarried] a surviving spouse who is not 46 a party to a contract of domestic union of a National Guard veteran who was killed as a result 47 of active service to the state at the call of the governor; 48 (18) "Veteran", any person who is a citizen of this state who has been separated under 49 honorable conditions from the Armed Forces of the United States who served on active duty 50 during peacetime or wartime for at least six consecutive months, unless released early as a result 51 of a service-connected disability or a reduction in force at the convenience of the government, 52 or any member of a reserve or National Guard component who has satisfactorily completed at 53 least six years of service or who was called or ordered to active duty by the President and 54 participated in any campaign or expedition for which a campaign badge or service medal has 55 been authorized. 50.1250. 1. If a member has less than five years of creditable service upon termination 2 of employment, the member shall forfeit the portion of his or her defined contribution account 3 attributable to board matching contributions or county matching contributions pursuant to section 4 50.1230. The proceeds of such forfeiture shall be applied towards matching contributions made 5 by the board for the calendar year in which the forfeiture occurs. If the board does not approve HB 1434 6 6 a matching contribution, then forfeitures shall revert to the county employees' retirement fund. 7 The proceeds of such forfeiture with respect to county matching contributions shall be applied 8 toward matching contributions made by the respective county in accordance with rules prescribed 9 by the board. 10 2. A member shall be eligible to receive a distribution of the member's defined 11 contribution account in such form selected by the member as permitted under and in accordance 12 with the rules and regulations formulated and adopted by the board from time to time, and 13 commencing as soon as administratively feasible following separation from service, unless the 14 member elects to receive the account balance at a later time, but no later than his or her required 15 beginning date. Notwithstanding the foregoing, if the value of a member's defined contribution 16 account balance is one thousand dollars or less at the time of the member's separation from 17 service, without respect to any board-matching contributions or employer-matching contribution 18 which might be allocated following the member's separation from service, then his or her defined 19 contribution account shall be distributed to the member in a single sum as soon as 20 administratively feasible following his or her separation from service. The amount of the 21 distribution shall be the amount determined as of the valuation date described in section 50.1240, 22 if the member has at least five years of creditable service. If the member has less than five years 23 of creditable service upon his or her separation from service, then the amount of the distribution 24 shall equal the portion of the member's defined contribution account attributable to the member's 25 seed contributions pursuant to section 50.1220, if any, determined as of the valuation date. 26 3. If the member dies before receiving the member's account balance, the member's 27 designated beneficiary shall receive the member's defined contribution account balance, as 28 determined as of the immediately preceding valuation date, in a single sum. The member's 29 beneficiary shall be his or her spouse, if [married] a party to a contract of domestic union, or 30 his or her estate, if not [married] a party to a contract of domestic union, unless the member 31 designates an alternative beneficiary in accordance with procedures established by the board. 56.110. If the prosecuting attorney and assistant prosecuting attorney be interested or 2 shall have been employed as counsel in any case where such employment is inconsistent with 3 the duties of his or her office, or shall be related to the defendant in any criminal prosecution, 4 either by blood or by [marriage] a contract of a domestic union, the court having criminal 5 jurisdiction may appoint some other attorney to prosecute or defend the cause. Such special 6 prosecutor shall not otherwise represent a party other than the state of Missouri in any criminal 7 case or proceeding in that circuit for the duration of that appointment and shall be considered an 8 appointed prosecutor for purposes of section 56.360. HB 1434 7 56.830. 1. A death benefit of ten thousand dollars shall be paid to the designated 2 beneficiary of every active member upon the member's death or to the member's estate if there 3 is no designated beneficiary. 4 2. If a member dies before retirement, after becoming eligible for retirement, the 5 member's surviving spouse, if such surviving spouse has been [married to] a party to a contract 6 of domestic union with the member for at least two years prior to the member's death, shall be 7 entitled to survivorship benefits pursuant to option 1 as set forth in section 56.827 as if the 8 member had retired on the date of the member's death. 9 3. If a member with twelve or more years of service dies before becoming eligible for 10 retirement, the member's surviving spouse, if such surviving spouse has been [married to] a 11 party to a contract of domestic union with the member for at least two years prior to the 12 member's death, shall be entitled to survivor benefits pursuant to option 1 as set forth in section 13 56.827 as if the member retired on the date of the member's death. 57.967. 1. The normal annuity of a retired member shall equal two percent of the final 2 average compensation of the retired member multiplied by the number of years of creditable 3 service of the retired member, except that the normal annuity shall not exceed seventy-five 4 percent of the retired member's average final compensation. 5 2. The board, at its last meeting of each calendar year, shall determine the monthly 6 amount for medical insurance premiums to be paid to each retired member during the next 7 following calendar year. The monthly amount shall not exceed four hundred fifty dollars. The 8 monthly payments are at the discretion of the board on the advice of the actuary. The anticipated 9 sum of all such payments during the year plus the annual normal cost plus the annual amount to 10 amortize the unfunded actuarial accrued liability in no more than thirty years shall not exceed 11 the anticipated moneys credited to the system pursuant to section 57.955. The money amount 12 granted here shall not be continued to any survivor. 13 3. If a member with eight or more years of service dies before becoming eligible for 14 retirement, the member's surviving spouse, if he or she has been [married to] a party to a 15 contract of domestic union with the member for at least two years prior to the member's death, 16 shall be entitled to survivor benefits under option 1 as set forth in section 57.979 as if the 17 member had retired on the date of the member's death. The member's monthly benefit shall be 18 calculated as the member's accrued benefit at his or her death reduced by one-fourth of one 19 percent per month for an early commencement from the member's normal retirement date: age 20 fifty-five with twelve or more years of creditable service or age sixty-two with eight years of 21 creditable service, to the member's date of death. Such benefit shall be payable on the first day 22 of the month following the member's death and shall be payable during the surviving spouse's 23 lifetime. HB 1434 8 57.980. 1. A death benefit of ten thousand dollars shall be paid to the designated 2 beneficiary of every active member upon his or her death or to his or her estate if there is no 3 designated beneficiary, or in lieu thereof, a benefit of twenty thousand dollars shall be so paid 4 if the member is killed in the performance of his or her duty. 5 2. If a member dies during the performance of his or her duty, in addition to the death 6 benefit specified in subsection 1 of this section, his or her surviving spouse shall be entitled to 7 survivorship benefits of fifty percent of the accrued benefit, payable for a period of five years. 8 3. If a member dies other than during the performance of his or her duty and before 9 retirement, after becoming eligible for retirement, his or her surviving spouse, if he or she has 10 been [married to] a party to a contract of domestic union with the member for at least two 11 years prior to his or her death, shall be entitled to survivorship benefits under option one as set 12 forth in section 57.979 as if the member had retired on the date of his death. 57.982. 1. Any active member of the system who is terminated from active employment 2 as a result of an injury or illness received in the performance of the member's duty, as determined 3 by the board, or any active member who is terminated because of an injury or illness not received 4 in the performance of his or her duty and the member has five or more years of creditable 5 service, may be placed on disability leave and shall be entitled to receive a monthly disability 6 leave benefit equal to eighty percent of the member's monthly average final compensation 7 decreased by the member's primary federal Social Security benefit. 8 2. A member shall be deemed eligible for disability benefits only when it is determined 9 by the board that the member is entitled to disability benefits under the Federal Social Security 10 Act. 11 3. A member on disability leave who has not accrued at least eight years of creditable 12 service shall accrue membership service for the period from the effective date of disability leave, 13 as approved by the board, until the member has accrued eight years of creditable service. 14 4. The maximum benefit period for disability leave payments shall be from the date 15 disability payments begin until age sixty-five or when the member accrues eight years of 16 creditable service whichever later occurs. A member cannot receive disability leave benefits and 17 retirement benefits concurrently. 18 5. Monthly disability leave benefits described herein shall not be paid to any member 19 who is no longer receiving disability payments from Social Security. At that time, the member's 20 disability leave shall be terminated and the member shall be eligible for any benefits that the 21 member is entitled to by reason of his or her age and creditable service or in the case of his or 22 her returning to work he or she may be reinstated as an active member under rules and 23 procedures adopted by the board. HB 1434 9 24 6. Members receiving disability leave benefits shall be eligible for medical insurance 25 benefits under subsection 2 of section 57.967 but shall not be eligible for the increase in benefits 26 provided by section 57.968. 27 7. A member who retires while on disability leave shall be considered a normal retiree 28 and section 57.979 shall be applicable. 29 8. If a vested member who is receiving disability leave benefits dies before retirement, 30 he or she shall be considered to have retired on the date of death and the member's spouse, if 31 [married to] a party to a contract of domestic union with the member for two years or more 32 immediately prior to the member's death, shall be entitled to the survivor benefit under option 33 1 of section 57.979. 34 9. Other rules and procedures necessary for the operation and administration of disability 35 benefits shall be established by the board in accordance with chapter 536. 59.310. 1. The county recorder of deeds may refuse any document presented for 2 recording that does not meet the following requirements: 3 (1) The document shall consist of one or more individual pages printed only on one side 4 and not permanently bound nor in a continuous form. The document shall not have any 5 attachment stapled or otherwise affixed to any page except as necessary to comply with statutory 6 requirements, provided that a document may be stapled together for presentation for recording; 7 a label that is firmly attached with a bar code or return address may be accepted for recording; 8 (2) The size of print or type shall not be smaller than eight-point type and shall be in 9 black or dark ink. Should any document presented for recording contain type smaller than 10 eight-point type, such document shall be accompanied by an exact typewritten copy not smaller 11 than eight-point type to be recorded contemporaneously as additional pages of the document; 12 (3) The document must be of sufficient legibility to produce a clear and legible 13 reproduction thereof. Should any document not be of sufficient legibility to produce a clear and 14 legible reproduction, such document shall be accompanied by an exact typewritten copy not 15 smaller than eight-point type to be recorded contemporaneously as additional pages of the 16 document; 17 (4) The document shall be on white [paper] or light-colored paper of not less than 18 twenty-pound weight without watermarks or other visible inclusions, except for plats and 19 surveys, which may be on materials such as Mylar or velum. All text within the document shall 20 be of sufficient color and clarity to ensure that when the text is reproduced from record, it shall 21 be readable; 22 (5) All signatures on a document shall be in black or dark ink, such that such signatures 23 shall be of sufficient color and clarity to ensure that when the text is reproduced from record, it 24 shall be readable, and shall have the corresponding name typed, printed or stamped underneath HB 1434 10 25 said signature. The typing or printing of any name or the applying of an embossed or inked 26 stamp shall not cover or otherwise materially interfere with any part of the document except 27 where provided for by law; 28 (6) The documents shall have a top margin of at least three inches of vertical space from 29 left to right, to be reserved for the recorder of deeds' certification and use. All other margins on 30 the document shall be a minimum of three-fourths of one inch on all sides. Nonessential 31 information such as form numbers, page numbers or customer notations may be placed in the 32 margin. A document may be recorded if a minor portion of a seal or incidental writing extends 33 beyond the margins. The recorder of deeds will not incur any liability for not showing any seal 34 or information that extends beyond the margins of the permanent archival record. 35 2. Every document containing any of the items listed in this subsection that is presented 36 for recording, except plats and surveys, shall have such information on the first page below the 37 three-inch horizontal margin: 38 (1) The title of the document; 39 (2) The date of the document; 40 (3) All grantors' names; 41 (4) All grantees' names; 42 (5) Any statutory addresses; 43 (6) The legal description of the property; and 44 (7) Reference book and pages for statutory requirements, if applicable. If there is not 45 sufficient room on the first page for all of the information required by this subsection, the page 46 reference within the document where the information is set out shall be stated on the first page. 47 3. From January 1, 2002, documents which do not meet the requirements set forth in this 48 section may be recorded for an additional fee of twenty-five dollars, which shall be deposited in 49 the recorders' fund established pursuant to subsection 1 of section 59.319. 50 4. Documents which are exempt from format requirements and which the recorder of 51 deeds may record include the following: 52 (1) Documents which were signed prior to January 1, 2002; 53 (2) Military separation papers; 54 (3) Documents executed outside the United States; 55 (4) Certified copies of documents, including birth and death certificates; 56 (5) Any document where one of the original parties is deceased or otherwise 57 incapacitated; and 58 (6) Judgments or other documents formatted to meet court requirements. 59 5. Any document rejected by a recorder of deeds shall be returned to the preparer or 60 presenter accompanied by an explanation of the reason it could not be recorded. HB 1434 11 61 6. Recorders of deeds shall be allowed fees for their services as follows: 62 (1) For recording every deed or instrument: five dollars for the first page and three 63 dollars for each page thereafter except for plats and surveys; 64 (2) For copying or reproducing any recorded instrument, except surveys and plats: a fee 65 not to exceed two dollars for the first page and one dollar for each page thereafter; 66 (3) For every certificate and seal, except when recording an instrument: one dollar; 67 (4) For recording a plat or survey of a subdivision, outlets or condominiums: twenty-five 68 dollars for each sheet of drawings or calculations based on a size not to exceed twenty-four 69 inches in width by eighteen inches in height. For recording a survey of one or more tracts: five 70 dollars for each sheet of drawings or calculations based on a size not to exceed twenty-four 71 inches in width by eighteen inches in height. Any plat or survey larger than eighteen inches by 72 twenty-four inches shall be counted as an additional sheet for each additional eighteen inches by 73 twenty-four inches, or fraction thereof, plus five dollars per page of other material; 74 (5) For copying a plat or survey of one or more tracts: a fee not to exceed five dollars for 75 each sheet of drawings and calculations not larger than twenty-four inches in width and eighteen 76 inches in height and one dollar for each page of other material; 77 (6) For a document which releases or assigns more than one item: five dollars for each 78 item beyond one released or assigned in addition to any other charges which may apply; 79 (7) For every [certified copy of a marriage license or application for a marriage license] 80 contract of domestic union: two dollars with an additional fee of two dollars for each 81 additional page over two pages in the contract to be recorded; 82 (8) For duplicate copies of the records in a medium other than paper, the recorder of 83 deeds shall set a reasonable fee not to exceed the costs associated with document search and 84 duplication; and 85 (9) For all other use of equipment, personnel services and office facilities, the recorder 86 of deeds may set a reasonable fee. 59.313. 1. The recorder of deeds in a city not within a county may refuse any document 2 presented for recording that does not meet the following requirements: 3 (1) The document shall consist of one or more individual pages not permanently bound 4 nor in a continuous form. The document shall not have any attachment stapled or otherwise 5 affixed to any page except as necessary to comply with statutory requirements, provided that a 6 document may be stapled together for presentation for recording; a label that is firmly attached 7 with a bar code or return address may be accepted for recording; 8 (2) The size of print or type shall not be smaller than eight-point type and shall be in 9 black or dark ink. Should any document presented for recording contain type smaller than HB 1434 12 10 eight-point type, such document shall be accompanied by an exact typewritten copy not smaller 11 than eight-point type to be recorded contemporaneously as additional pages of the document; 12 (3) The document must be of sufficient legibility to produce a clear and legible 13 reproduction thereof. Should any document not be of sufficient legibility to produce a clear and 14 legible reproduction, such document shall be accompanied by an exact typewritten copy not 15 smaller than eight-point type to be recorded contemporaneously as additional pages of the 16 document; 17 (4) The document shall be on white or light-colored paper of not less than twenty-pound 18 weight without watermarks or other visible inclusions, except for plats and surveys, which may 19 be on materials such as Mylar or velum. All text within the document shall be of sufficient color 20 and clarity to ensure that when the text is reproduced from record, it shall be readable; 21 (5) All signatures on a document shall be in black or dark ink, such that such signatures 22 shall be of sufficient color and clarity to ensure that when the text is reproduced from record, it 23 shall be readable, and shall have the corresponding name typed, printed or stamped underneath 24 said signature. The typing or printing of any name or the applying of an embossed or inked 25 stamp shall not cover or otherwise materially interfere with any part of the document, except 26 where provided for by law; 27 (6) Every document, except plats and surveys, shall have a top margin of at least three 28 inches of vertical space from left to right, to be reserved for the recorder of deeds' certification 29 and use. All other margins on the document shall be a minimum of three-fourths of one inch on 30 all sides. Nonessential information such as form numbers, page numbers or customer notations 31 may be placed in the margin. A document may be recorded if a minor portion of a seal or 32 incidental writing extends beyond the margins. The recorder of deeds will not incur any liability 33 for not showing any seal or information that extends beyond the margins of the permanent 34 archival record. 35 2. Every document containing any of the items listed in this subsection that is presented 36 for recording, except plats and surveys, shall have such information on the first page below the 37 three-inch horizontal line: 38 (1) The title of the document; 39 (2) The date of the document; 40 (3) All grantors' names; 41 (4) All grantees' names; 42 (5) Any statutory addresses; 43 (6) The legal description or descriptions of the property; and HB 1434 13 44 (7) Reference book and page for statutory requirements, if applicable. If there is not 45 sufficient room on the first page for all the required information, the page reference within the 46 document where the information is set out shall be placed on the first page. 47 3. From January 1, 2002, documents which do not meet the requirements set forth in this 48 section may be recorded for an additional fee of twenty-five dollars, which shall be deposited in 49 the recorders' fund established pursuant to subsection 1 of section 59.319. 50 4. Documents which are exempt from format requirements and which the recorder of 51 deeds may record include the following: 52 (1) Documents which were signed prior to January 1, 2002; 53 (2) Military separation papers; 54 (3) Documents executed outside the United States; 55 (4) Certified copies of documents, including birth and death certificates; 56 (5) Any document where one of the original parties is deceased or otherwise 57 incapacitated; and 58 (6) Judgments or other documents formatted to meet court requirements. 59 5. Any document rejected by a recorder of deeds shall be returned to the preparer or 60 presenter accompanied by an explanation of the reason it could not be recorded. 61 6. Recorders of deeds shall be allowed fees for their services as follows: 62 (1) For recording every deed or instrument: ten dollars for the first page and five dollars 63 for each page thereafter; 64 (2) For copying or reproducing any recorded instrument, except surveys and plats: three 65 dollars for the first page and two dollars for each page thereafter; 66 (3) For every certificate and seal, except when recording an instrument: two dollars; 67 (4) For recording a plat or survey of a subdivision, outlots or condominiums: forty-four 68 dollars for each sheet of drawings and calculations based on a size of not to exceed twenty-four 69 inches in width by eighteen inches in height, plus ten dollars for each page of other materials; 70 (5) For recording a survey of one tract of land, in the form of one sheet not to exceed 71 twenty-four inches in width by eighteen inches in height: eight dollars; 72 (6) For copying a plat or survey: eight dollars for each page; 73 (7) For every [certified copy of a marriage license or application for a marriage license] 74 contract of domestic union: five dollars with an additional fee of two dollars for each 75 additional page over two pages in the contract to be recorded; 76 (8) For releasing on the margin: eight dollars for each item released; 77 (9) For a document which releases or assigns more than one item: seven dollars and fifty 78 cents for each item beyond one released or assigned in addition to any other charges which may 79 apply; and HB 1434 14 80 (10) For duplicate reels of microfilm: thirty dollars each. For all other use of equipment, 81 personnel services and office space the recorder of deeds shall set attendant fees. 59.330. 1. It shall be the duty of recorders to record: 2 (1) All deeds, mortgages, conveyances, deeds of trust, assignments, bonds, covenants, 3 defeasances, or other instruments of writing, of or concerning any lands and tenements, or goods 4 and chattels, which shall be proved or acknowledged, and authorized to be recorded in their 5 offices; 6 (2) All papers and documents found in their respective offices, of and concerning lands 7 and tenements, or goods and chattels, and which were received from the Spanish and French 8 authorities at the change of government; 9 (3) All [marriage contracts and certificates of marriage] contracts of domestic unions; 10 (4) All commissions and official bonds required by law to be recorded in their offices; 11 (5) All written statements furnished to him for record, showing the sex and date of birth 12 of any child or children, the name, business and residence of the father and maiden name of the 13 mother of such child or children. 14 2. All deeds, mortgages, conveyances, deeds of trust, assignments, bonds, covenants or 15 defeasances, except supplemental indentures of utility companies and rural electric cooperatives, 16 must contain a legal description of the lands affected. All deeds, except deeds of easement or 17 right-of-way conveying any lands or tenements must contain a mailing address of one of the 18 grantees named in the instrument. The recorder of deeds shall not record such instrument absent 19 such address or legal description; provided, however, that the statutory constructive notice or the 20 validity of the instrument shall not be affected by the absence of the address or the absence of 21 the legal description. 59.410. Wherever the statutes require deeds, mortgages, conveyances, deeds of trust, 2 bonds, covenants, documents, [marriage contracts, certificates of marriage] contracts of 3 domestic union, commissions, official bonds, statements, records, plats, surveys, schedules, 4 papers, patents, or other instruments of writing to be recorded, the making of photographic 5 copies of such deeds or other instruments of writing shall be deemed recording within the 6 meaning of this chapter. Such photographic copies shall be bound, paged and indexed wherever 7 it is so provided for deeds or other instruments recorded by hand, and such photographic copies 8 when bound together shall be deemed record books within the meaning of this chapter. 59.450. The recorder shall, in like manner, make, keep and preserve a similar index to 2 all the books of record in his or her office wherein [marriage contracts and certificates of 3 marriages] contracts of domestic union are recorded. 64.090. 1. For the purpose of promoting health, safety, morals, comfort or the general 2 welfare of the unincorporated portion of counties, to conserve and protect property and building HB 1434 15 3 values, to secure the most economical use of the land, and to facilitate the adequate provision of 4 public improvements all in accordance with a comprehensive plan, the county commission in all 5 counties of the first class, as provided by law, except in counties of the first class not having a 6 charter form of government, is hereby empowered to regulate and restrict, by order, in the 7 unincorporated portions of the county, the height, number of stories and size of buildings, the 8 percentage of lots that may be occupied, the size of yards, courts and other open spaces, the 9 density of population, the location and use of buildings, structures and land for trade, industry, 10 residence or other purposes, including areas for agriculture, forestry and recreation. 11 2. The provisions of this section shall not apply to the incorporated portions of the 12 counties, nor to the raising of crops, livestock, orchards, or forestry, nor to seasonal or temporary 13 impoundments used for rice farming or flood irrigation. As used in this section, the term "rice 14 farming or flood irrigation" means small berms of no more than eighteen inches high that are 15 placed around a field to hold water for use for growing rice or for flood irrigation. This section 16 shall not apply to the erection, maintenance, repair, alteration or extension of farm structures 17 used for such purposes in an area not within the area shown on the flood hazard area map. This 18 section shall not apply to underground mining where entrance is through an existing shaft or 19 shafts or through a shaft or shafts not within the area shown on the flood hazard area map. 20 3. The powers by sections 64.010 to 64.160 given shall not be exercised so as to deprive 21 the owner, lessee or tenant of any existing property of its use or maintenance for the purpose to 22 which it is then lawfully devoted except that reasonable regulations may be adopted for the 23 gradual elimination of nonconforming uses, nor shall anything in sections 64.010 to 64.160 24 interfere with such public utility services as may have been or may hereafter be specifically 25 authorized or permitted by a certificate of public convenience and necessity, or order issued by 26 the public service commission, or by permit of the county commission. 27 4. For the purpose of any zoning regulation adopted under the provisions of sections 28 64.010 to 64.160, the classification of single-family dwelling or single-family residence shall 29 include any home in which eight or fewer unrelated mentally or physically handicapped persons 30 reside, and may include two additional persons acting as houseparents or guardians who need 31 not be related to each other or to any of the mentally or physically handicapped persons. The 32 classification of single-family dwelling or single-family residence shall also include any private 33 residence licensed by the children's division or department of mental health to provide foster care 34 to one or more but less than seven children who are unrelated to either foster parent by blood, 35 [marriage] a contract of domestic union, or adoption. A zoning regulation may require that the 36 exterior appearance of the home and property be in reasonable conformance with the general 37 neighborhood standards and may also establish reasonable standards regarding the density of 38 such individual homes in any specific single-family dwelling or single-family residence area. HB 1434 16 39 Should a single-family dwelling or single-family residence as defined in this subsection cease 40 to operate for the purposes specified in this subsection, any other use of such dwelling or 41 residence, other than that allowed by the zoning regulations, shall be approved by the county 42 board of zoning adjustment. Nothing in this subsection shall be construed to relieve the 43 children's division, the department of mental health or any other person, firm or corporation 44 occupying or utilizing any single-family dwelling or single-family residence for the purposes 45 specified in this subsection from compliance with any ordinance or regulation relating to 46 occupancy permits except as to number and relationship of occupants or from compliance with 47 any building or safety code applicable to actual use of such single-family dwelling or 48 single-family residence. 49 5. Except in subsection 4 of this section, nothing contained in sections 64.010 to 64.160 50 shall affect the existence or validity of an ordinance which a county has adopted prior to March 51 4, 1991. 67.1421. 1. Upon receipt of a proper petition filed with its municipal clerk, the 2 governing body of the municipality in which the proposed district is located shall hold a public 3 hearing in accordance with section 67.1431 and may adopt an ordinance to establish the 4 proposed district. 5 2. A petition is proper if, based on the tax records of the county clerk, or the collector 6 of revenue if the district is located in a city not within a county, as of the time of filing the 7 petition with the municipal clerk, it meets the following requirements: 8 (1) It has been signed by property owners collectively owning more than fifty percent 9 by assessed value of the real property within the boundaries of the proposed district; 10 (2) It has been signed by more than fifty percent per capita of all owners of real property 11 within the boundaries of the proposed district; and 12 (3) It contains the following information: 13 (a) The legal description of the proposed district, including a map illustrating the district 14 boundaries; 15 (b) The name of the proposed district; 16 (c) A notice that the signatures of the signers may not be withdrawn later than seven days 17 after the petition is filed with the municipal clerk; 18 (d) A five-year plan stating a description of the purposes of the proposed district, the 19 services it will provide, the improvements it will make and an estimate of costs of these services 20 and improvements to be incurred; 21 (e) A statement as to whether the district will be a political subdivision or a not-for-profit 22 corporation and if it is to be a not-for-profit corporation, the name of the not-for-profit 23 corporation; HB 1434 17 24 (f) If the district is to be a political subdivision, a statement as to whether the district will 25 be governed by a board elected by the district or whether the board will be appointed by the 26 municipality, and, if the board is to be elected by the district, the names and terms of the initial 27 board may be stated; 28 (g) If the district is to be a political subdivision, the number of directors to serve on the 29 board; 30 (h) The total assessed value of all real property within the proposed district; 31 (i) A statement as to whether the petitioners are seeking a determination that the 32 proposed district, or any legally described portion thereof, is a blighted area; 33 (j) The proposed length of time for the existence of the district; 34 (k) The maximum rates of real property taxes, and, business license taxes in the county 35 seat of a county of the first classification without a charter form of government containing a 36 population of at least two hundred thousand, that may be submitted to the qualified voters for 37 approval; 38 (l) The maximum rates of special assessments and respective methods of assessment that 39 may be proposed by petition; 40 (m) The limitations, if any, on the borrowing capacity of the district; 41 (n) The limitations, if any, on the revenue generation of the district; 42 (o) Other limitations, if any, on the powers of the district; 43 (p) A request that the district be established; and 44 (q) Any other items the petitioners deem appropriate; 45 (4) The signature block for each real property owner signing the petition shall be in 46 substantially the following form and contain the following information: 47 Name of owner: . . . . . . . . . . . . . . . . . . . . . . 48 Owner's telephone number and mailing address: . . . . . . . . . 49 If signer is different from owner: 50 Name of signer: . . . . . . . . . . . . . . . . . . . . . . . 51 State basis of legal authority to sign: . . . . . . . . . . . . 52 Signer's telephone number and mailing address: . . . . . . . . 53 If the owner is an individual, state if owner is single or [married] a party to a contract of 54 domestic union: . . . . . . . . . 55 If owner is not an individual, state what type of entity: . . . 56 Map and parcel number and assessed value of each tract of real property within the proposed 57 district owned: . . . . . . . . . 58 By executing this petition, the undersigned represents and warrants that he or she is authorized 59 to execute this petition on behalf of the property owner named immediately above HB 1434 18 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Signature of person signing for owner Date 62 STATE OF MISSOURI ) 63 ) ss. 64 COUNTY OF . . . . . . . ) 65 Before me personally appeared . . . . . . . . . . . . ., to me personally known to be the 66 individual described in and who executed the foregoing instrument. 67 WITNESS my hand and official seal this . . . . . . . day of . . . . . . . . . . (month), . . . . 68 (year). 69 . . . . . . . . . . . . . . . . . 70 Notary Public 71 My Commission Expires: . . . . . . . . . . . . . . . . .; and 72 (5) Alternatively, the governing body of any home rule city with more than four hundred 73 thousand inhabitants and located in more than one county may file a petition to initiate the 74 process to establish a district in the portion of the city located in any county of the first 75 classification with more than two hundred thousand but fewer than two hundred sixty thousand 76 inhabitants containing the information required in subdivision (3) of this subsection; provided 77 that the only funding methods for the services and improvements will be a real property tax. 78 3. Upon receipt of a petition the municipal clerk shall, within a reasonable time not to 79 exceed ninety days after receipt of the petition, review and determine whether the petition 80 substantially complies with the requirements of subsection 2 of this section. In the event the 81 municipal clerk receives a petition which does not meet the requirements of subsection 2 of this 82 section, the municipal clerk shall, within a reasonable time, return the petition to the submitting 83 party by hand delivery, first class mail, postage prepaid or other efficient means of return and 84 shall specify which requirements have not been met. 85 4. After the close of the public hearing required pursuant to subsection 1 of this section, 86 the governing body of the municipality may adopt an ordinance approving the petition and 87 establishing a district as set forth in the petition and may determine, if requested in the petition, 88 whether the district, or any legally described portion thereof, constitutes a blighted area. If the 89 petition was filed by the governing body of a municipality pursuant to subdivision (5) of 90 subsection 2 of this section, after the close of the public hearing required pursuant to subsection 91 1 of this section, the petition may be approved by the governing body and an election shall be 92 called pursuant to section 67.1422. 93 5. Amendments to a petition may be made which do not change the proposed boundaries 94 of the proposed district if an amended petition meeting the requirements of subsection 2 of this HB 1434 19 95 section is filed with the municipal clerk at the following times and the following requirements 96 have been met: 97 (1) At any time prior to the close of the public hearing required pursuant to subsection 98 1 of this section; provided that, notice of the contents of the amended petition is given at the 99 public hearing; 100 (2) At any time after the public hearing and prior to the adoption of an ordinance 101 establishing the proposed district; provided that, notice of the amendments to the petition is 102 given by publishing the notice in a newspaper of general circulation within the municipality and 103 by sending the notice via registered certified United States mail with a return receipt attached to 104 the address of record of each owner of record of real property within the boundaries of the 105 proposed district per the tax records of the county clerk, or the collector of revenue if the district 106 is located in a city not within a county. Such notice shall be published and mailed not less than 107 ten days prior to the adoption of the ordinance establishing the district; 108 (3) At any time after the adoption of any ordinance establishing the district a public 109 hearing on the amended petition is held and notice of the public hearing is given in the manner 110 provided in section 67.1431 and the governing body of the municipality in which the district is 111 located adopts an ordinance approving the amended petition after the public hearing is held. 112 6. Upon the creation of a district, the municipal clerk shall report in writing the creation 113 of such district to the Missouri department of economic development. 67.1876. 1. The board shall possess and exercise all of the district's legislative and 2 executive powers. 3 2. Within thirty days after the election of the initial directors, the board shall meet. At 4 its first meeting and after each election of new board members the board shall elect a chairman, 5 a secretary, a treasurer and such other officers as it deems necessary from its members. A 6 director may fill more than one office, except that a director may not fill both the office of 7 chairman and secretary. 8 3. The board may employ such employees as it deems necessary; provided, however, that 9 the board shall not employ any employee who is related within the third degree by blood or 10 [marriage to] a contract of domestic union with a member of the board. 11 4. At the first meeting, the board, by resolution, shall define the first and subsequent 12 fiscal years of the district, and shall adopt a corporate seal. 13 5. A simple majority of the board shall constitute a quorum. If a quorum exists, a 14 majority of those voting shall have the authority to act in the name of the board, and approve any 15 board resolution. HB 1434 20 16 6. Each director shall devote such time to the duties of the office as their faithful 17 discharge may require and may be reimbursed for such director's actual expenditures in the 18 performance of such director's duties on behalf of the district. 70.661. 1. If a member with five or more years of credited service dies before retirement 2 while an employee, the benefits provided in subsections 2, 3, 4 and 5 of this section shall be paid, 3 as applicable. 4 2. (1) The surviving spouse [to] with whom the member was [married] a party to a 5 contract of domestic union for not less than two years immediately preceding the time of the 6 member's death shall receive an allowance computed in the same manner in all respects as if 7 such member had: 8 (a) Retired on the first day of the month following the date of his or her death with an 9 allowance for life based upon the member's credited service and final average salary to time of 10 death and without reduction if the member's age was younger than the member's minimum 11 service retirement age; 12 (b) Elected option A provided for in section 70.660; and 13 (c) Nominated such spouse as joint beneficiary under such option. 14 (2) If the board finds that the member's death was the result of an accident that did not 15 arise out of and in the course of his or her actual performance of duty as an employee, the 16 requirement that the surviving spouse [must] shall have been [married to] a party to a contract 17 of domestic union with the member for not less than two years immediately preceding the time 18 of the member's death shall not apply. 19 3. If the board finds that the member's death was the natural and proximate result of a 20 personal injury or disease arising out of and in the course of his or her actual performance of duty 21 as an employee, then: 22 (1) Other provisions of law to the contrary notwithstanding, for the purpose of 23 computing the amount of the allowance payable under this section and for the purpose of 24 determining eligibility under subsection 1 of this section, credited service shall include the period 25 from the date of the member's death to the date he or she would have attained age sixty, or the 26 date he or she would have acquired five years of credited service, if later; and 27 (2) In order to be eligible for spouse benefits, the surviving spouse and the deceased 28 member [must] shall have been [married] parties to a contract of domestic union on the date 29 of the personal injury resulting in the member's death or on the date of onset of the disease 30 resulting in the member's death. In any case of question as to the date of onset of disease 31 resulting in the member's death, the board shall decide the question. 32 4. If a benefit is not payable under the provisions of subsection 2 or 3 of this section, or 33 when such benefit has ceased to be payable, each dependent child of the deceased member, if HB 1434 21 34 any, shall receive an allowance of an equal share of sixty percent of an allowance computed in 35 the same manner in all respects as if such deceased member had retired on the first day of the 36 month following the date of his or her death with an allowance for life based upon the member's 37 credited service and final average salary to time of death and without reduction if the member's 38 age was younger than the member's minimum service retirement age. A child shall be a 39 dependent child until the child's death [or marriage] , contract of domestic union, or attainment 40 of age eighteen, whichever occurs first; provided, the age eighteen maximum shall be extended 41 as long as the child continues uninterruptedly being a full-time student at an accredited secondary 42 school or college or university, but in no event beyond attainment of age twenty-three; provided 43 further, that if a full-time student eligible for or receiving benefits under this section is ordered 44 to military duty, his or her benefit shall be suspended during such period of military duty, and 45 shall be reinstated upon his or her return to school not later than the beginning of the academic 46 term immediately following his or her return from military duty, in which case his or her 47 eligibility for dependent child benefits shall be extended by the number of months of military 48 duty, but in no event beyond attainment of age twenty-five; provided further, the age eighteen 49 maximum shall be extended for any child who has been found totally incapacitated by a court 50 of competent jurisdiction for as long as such incapacity exists. Upon a child ceasing to be a 51 dependent child, his or her allowance shall terminate, and there shall be a redetermination of the 52 amounts payable to any remaining dependent children. 53 5. In the event all of the allowances provided for in this section, payable on account of 54 the death of a member, terminate before there has been paid an aggregate amount equal to the 55 accumulated contributions standing to the deceased member's credit in the member's deposit fund 56 at the time of death, the difference between such accumulated contributions and such aggregate 57 amount of allowance payments shall be paid to such person as the member shall have nominated 58 by written designation duly executed and filed with the board. If there be no such designated 59 person surviving at termination, such difference shall be paid to the member's estate or to the 60 estate of the last beneficiary to whom benefits were paid. 70.675. 1. Should a member with five or more years of credited service cease to be a 2 member, except by death or retirement, before attaining an age which is within five years of his 3 or her minimum service retirement age, the member shall be entitled to a deferred allowance 4 provided for in this section; provided, if the former member withdraws his or her accumulated 5 contributions from the members deposit fund, for purposes of this section there shall be 6 eliminated from credited service any membership service or prior service for which the member 7 was required to make member contributions provided for in subsection 2 of section 70.705. 8 Such deferred allowance shall commence as of the first day of the calendar month next following 9 the later of: HB 1434 22 10 (1) The member's attainment of an age which is within five years of his or her minimum 11 service retirement age; or 12 (2) The date the member's written application therefor is received by the board, in 13 accordance with the provisions of subsection 2 of this section. The member shall have the right 14 to elect an option provided for in section 70.660 at the time of filing such written application. 15 2. Except as provided in subsection 5 of this section, a former member otherwise entitled 16 to a deferred allowance shall be entitled to a deferred allowance only if the former member lives 17 to an age which is within five years of his or her minimum service retirement age and if written 18 application therefor is received by the board from the former member not earlier than ninety days 19 before his or her attainment of such age. If such former member does not live to retirement or 20 in the event the former member becomes employed in a position covered by the system before 21 becoming a retirant or in the event such written application is not received by the board within 22 the time limits specified, no benefits whatsoever shall be paid pursuant to the provisions of this 23 section, except as provided in subsection 5 of this section. 24 3. A former member otherwise entitled to a deferred allowance shall be considered a 25 member only for the purposes of subsection 4 of section 70.725. 26 4. If the deferred allowance commences prior to the date the former member reaches his 27 or her minimum service retirement age, the allowance shall be a certain percent of the allowance 28 otherwise provided for in this section. 29 Such percent shall be one hundred percent reduced by one-half of one percent multiplied by the 30 number of months by which the former member's age at the date the allowance commences is 31 younger than the former member's minimum service retirement age. 32 5. If a former member who: (1) is entitled to a deferred allowance pursuant to this 33 section; and (2) does not receive a lump sum payment as provided in section 70.676, dies before 34 his or her date of retirement, the applicable benefits, if any, provided in this subsection shall be 35 paid. The former member's surviving spouse, if any, [to] with whom the former member was 36 [married] a party to a contract of domestic union for not less than two years immediately 37 preceding the date of the former member's death shall receive an allowance computed in the 38 same manner in all respects as if such former member had: 39 (1) Survived to the first day of the calendar month next following the day the former 40 member would have attained his or her minimum service retirement age or if later, the first day 41 of the calendar month next following the date of the former member's death; 42 (2) Retired on such day with an allowance for life based on his or her credited service 43 and final average salary at the time of termination of membership; 44 (3) Elected option A provided for in section 70.660; 45 (4) Nominated such spouse as joint beneficiary under such option; and HB 1434 23 46 (5) Died on such day after electing such option A. The allowance payable to the 47 surviving spouse shall commence as of the first day of the calendar month next following the day 48 the former member would have attained his or her minimum service retirement age or, if later, 49 the first day of the calendar month next following the date of the former member's death. This 50 subsection shall apply to any person who is a former member on or after August 28, 1998. 71.011. 1. Except as provided in subsection 2 of this section, property of a municipality 2 which abuts another municipality may be concurrently detached from one municipality and 3 annexed by the other municipality by the enactment by the governing bodies of each municipality 4 of an ordinance describing by metes and bounds the property, declaring the property so described 5 to be concurrently detached and annexed, and stating the reasons for and the purposes to be 6 accomplished by the detachment and annexation. One certified copy of each ordinance shall be 7 filed with the county clerk, with the county assessor, with the county recorder of deeds, and with 8 the clerk of the circuit court of the county in which the property is located, whereupon the 9 concurrent detachment and annexation shall be complete and final. Thereafter all courts of this 10 state shall take notice of the limits of both municipalities as changed by the ordinances. No 11 declaratory judgment or election shall be required for any concurrent detachment and annexation 12 permitted by this section if there are no residents living in the area or if there are residents in the 13 area and they be notified of the annexation and do not object within sixty days. 14 2. In a county of the first classification with a charter form of government containing all 15 or a portion of a city with a population of at least three hundred thousand inhabitants: 16 (1) Unimproved property of a municipality which overlaps another municipality may be 17 concurrently detached from one municipality and annexed by the other municipality by the 18 enactment by the governing body of the receiving municipality of an ordinance describing by 19 metes and bounds the property, declaring the property so described to be detached and annexed, 20 and stating the reasons for and the purposes to be accomplished by the detachment and 21 annexation. A copy of said ordinance shall be mailed to the city clerk of the contributing 22 municipality, which shall have thirty days from receipt of said notice to pass an ordinance 23 disapproving the change of boundary. If such ordinance is not passed within thirty days, the 24 change shall be effective and one certified copy of the ordinance shall be filed with the county 25 clerk, with the county assessor, with the county recorder of deeds, and with the clerk of the 26 circuit court of the county in which the property is located, whereupon the concurrent detachment 27 and annexation shall be complete and final. Thereafter all courts of this state shall take notice 28 of the limits of both municipalities as changed by the ordinances. No declaratory judgment or 29 election shall be required for any concurrent detachment and annexation permitted by this section 30 if the landowners in the area are notified and do not object within sixty days; or HB 1434 24 31 (2) An island of unincorporated area within a municipality, which is contiguous to more 32 than one municipality or contiguous to the Missouri River and the Blue River, may be annexed 33 by an abutting municipality by the enactment by the governing body of the municipality of an 34 ordinance describing the metes and bounds of the property, declaring the property so described 35 to be annexed, and stating the reasons for and the purposes to be accomplished by the 36 annexation. All recording shall be accomplished in the same manner as set out in subdivision 37 (1) of this subsection and shall be effective unless the governing body of the county passes an 38 ordinance within thirty days disapproving the annexation. No declaratory judgment or election 39 shall be required for any annexation permitted by this subdivision. Any annexation permitted 40 by this subdivision shall exclude any property within the unincorporated area when such property 41 has been owned by the same family for at least sixty consecutive years and consists of ten acres 42 or more. The line of ownership from the original settler or buyer may be through children, 43 grandchildren, siblings, nephews, or nieces, including through [marriage] a contract of domestic 44 union or adoption. 71.590. 1. Before taking or damaging any property in the construction of a railroad 2 under such franchise, the corporation shall cause to be ascertained and determined the damages 3 that will be done by the building and operation of such railroad, to the real and personal property 4 situated on the route fixed by the ordinance defining the franchise, and shall pay to the owner or 5 owners of the real and personal property so affected, or into court for them, the amount of their 6 respective damages. 7 2. In case the corporation fails to agree with the owners thereof for the proper 8 compensation for the damages done or likely to be done or sustained by reason of the 9 construction and operation of the railroad, or if, by reason of the legal incapacity of any such 10 owner, no compensation can be agreed upon, the circuit court having jurisdiction over the town 11 or city granting such franchise on application of the corporation shall appoint three disinterested 12 residents of such town or city, who shall give personal notice to all owners or their agents of 13 property affected, if they can be found, as well as ten days' notice by advertisement in the 14 newspapers doing the printing of such town or city, of their time and place of meeting; and the 15 commissioners having been first duly sworn to perform their duties justly and impartially and 16 a true report to make, shall fully examine into the construction and operation of the railroad and 17 its effects upon the real and personal property damaged thereby, making just allowances for the 18 advantages which may have resulted or which may result to the owner or owners of property for 19 which damages may be claimed or allowed, and after such comparison, shall estimate and 20 determine how much damages, if any, such property may have sustained or seems likely to 21 sustain by reason thereof, and make report of the same, and if no exceptions be filed within ten 22 days thereafter, or in the event exceptions are filed and overruled, the court shall confirm the HB 1434 25 23 report and enter judgment thereon; from which judgment either or any party shall be entitled to 24 an appeal or writ of error as in other cases. If the proceeding seeks to affect the property of 25 persons under conservatorship, the conservators must be made parties, and if the property of 26 [married persons] parties to a contract of domestic union, their spouses must be made parties. 27 3. The petition shall set forth the general nature of the franchise granted, the nature of 28 the railroad to be constructed and operated, causing or likely to cause damage to private property 29 for public use, together with all facts necessary to give the court jurisdiction in the premises, the 30 names of owners of the several parcels of land and personal property to be affected thereby, if 31 known, or, if unknown, a correct description of the property or interest whose owners are 32 unknown. The petition may be presented to the circuit court. Upon filing the petition, a 33 summons shall be issued giving the defendants at least ten days' notice of the time when the 34 petition will be heard, which summons shall be served in the same manner as writs of summons 35 are or may be by law required to be served. If the name or residence of any defendant be 36 unknown, or if any defendant does not reside within this state, notice of the time of hearing the 37 petition, reciting the substance of the petition, and the day fixed for the hearing thereof, shall be 38 given by publication for four consecutive weeks prior to the hearing of the petition, in the paper 39 doing the town or city printing, and the court, being satisfied that due notice of the pending of 40 the petition has been given, shall make the appointment of the commissioners. 41 4. The report of the commissioners to the circuit court shall be in writing and under oath, 42 and filed with the clerk thereof, and the damages allowed to each owner of property affected 43 shall be separately stated. The report of the commissioners may be reviewed by the circuit court 44 on written exceptions filed by any party in the clerk's office within ten days after filing of such 45 report, and the court shall make such order therein as right and justice may require, and may 46 order a new appraisement on good cause shown, but the hearing of such exceptions shall be 47 summary, and the court shall fix a day therefor without delay. The costs of the proceedings up 48 to and including the filing of the commissioners' report shall be paid by the corporation, but all 49 costs caused by any subsequent litigation shall be paid by the losing party. All damage found 50 by the commissioners shall, within thirty days after filing their report, be paid to the owners of 51 the property damaged, or into court for them, by the corporation, and if the same is not so paid, 52 the railroad shall not be constructed. 86.093. Upon the receipt by the board of trustees of proper proofs of the death of a 2 member in service there shall be paid to his or her designated beneficiary, or to his or her estate, 3 the amount of his accumulated contributions and if, upon the receipt of evidence and proof that 4 such death was the natural and proximate result of an accident occurring at some definite time 5 and place while the member was in the actual performance of duty, the board of trustees shall 6 decide that death was the result of an accident in the performance of duty and not caused by HB 1434 26 7 negligence on the part of the member, there shall be paid in lieu of the ordinary death benefit 8 provided in subdivision (2) of section 86.090, a pension of one-half of the average final 9 compensation of such employee: 10 (1) To his or her widow to continue during his or her widowhood; or 11 (2) If there be no widow, or if the widow dies or [remarries] becomes a party to a new 12 contract of domestic union before any child of such deceased member shall have attained the 13 age of sixteen years, then to his or her child or children under said age, divided in such manner 14 as the board of trustees in its discretion shall determine to continue as a joint and survivor 15 pension of one-half of his or her final compensation until every child dies or attains such age; 16 or 17 (3) If there be no widow or child under the age of sixteen years surviving such deceased 18 member, then to his or her dependent father or dependent mother as the deceased member shall 19 have nominated by written designation duly acknowledged and filed with the board of trustees 20 or if there be no such nomination then to his or her dependent father or his or her dependent 21 mother as the board of trustees in its discretion shall direct, to continue until [remarriage] a new 22 contract of domestic union or death; 23 (4) If there be no widow, children under the age of sixteen years or dependent parent 24 surviving such deceased member, the death shall be treated as an ordinary death case and the 25 benefit payable in accordance with the provisions of subdivision (2) of section 86.090. 86.251. 1. The board of trustees may develop and establish a deferred retirement option 2 plan (DROP) in which members who are eligible for retirement but who have not terminated 3 employment as police officers and who have not actually retired may participate. The DROP 4 shall be designed to allow members with at least twenty years of creditable service or who have 5 attained the age of fifty-five who have achieved eligibility for retirement and are entitled to a 6 service retirement allowance and other benefits to postpone actual retirement, continue active 7 employment and accumulate a deferred receipt of the service retirement allowance. No one shall 8 participate in the DROP for a period exceeding five years. 9 2. Any member who has at least twenty years of creditable service or has attained the age 10 of fifty-five may elect in writing before retirement to participate in the DROP. A member 11 electing to participate in the DROP shall postpone actual retirement, shall continue in active 12 employment and shall not receive any direct retirement allowance payments or benefits during 13 the period of participation. 14 3. Upon the start of the participation in the DROP, the member shall cease to make any 15 mandatory contributions to the system. No contribution shall be required by the city into the 16 DROP account. During the period of participation in the DROP, the amount that the member 17 would have received as a service retirement allowance if the member had actually retired instead HB 1434 27 18 of entering DROP shall be deposited monthly in the member's DROP account which shall be 19 established in the member's name by the board of trustees. The member's service retirement 20 allowance shall not be adjusted for any cost-of-living increases for any period prior to the 21 member's termination of employment as a police officer and actual retirement. Cost-of-living 22 increases, if any, for any period following the member's termination of employment as a police 23 officer and actual retirement shall be applied only to monthly service retirement payments made 24 following termination of employment as a police officer and actual retirement. Service earned 25 during the period of participation in the DROP shall not be creditable service and shall not be 26 counted in determination of any service retirement allowance or surviving spouse's or 27 [dependents'] dependent’s benefits. Compensation paid during the period of participation in the 28 DROP shall not be earnable compensation and shall not be counted in the determination of any 29 service retirement allowance or surviving spouse's or dependent's benefits. The member's service 30 retirement allowance shall be frozen as of the date the member enters DROP. Except as 31 specifically provided in sections 86.200 to 86.366, the member's frozen service retirement 32 allowance shall not increase while the member is participating in DROP or after the member's 33 participation in DROP ends, and the member shall not share in any benefit improvement that is 34 enacted or that becomes effective while such member is participating in the DROP. 35 4. A member shall cease participation in the DROP upon the termination of the member's 36 employment as a police officer and actual retirement, or at the end of the five-year period 37 commencing on the first day of the member's participation in the DROP, or as of the effective 38 date of the member's election to return to active participation in the system, whichever occurs 39 first. A member's election to return to active participation in the system before the end of the 40 five-year period commencing on the first day of participation in the DROP shall be made and 41 shall become effective in accordance with procedures established by the board of trustees. Upon 42 the member's termination of employment as a police officer and actual retirement, the member 43 shall elect to receive the value of the member's DROP account, in one of the following forms of 44 payment: 45 (1) A lump sum payment; or 46 (2) Equal monthly installments over a ten-year period. 47 48 Either form of payment should begin within thirty days after the member's notice to the board 49 of trustees that the member has selected a particular option. 50 5. If a member who is participating in the DROP elects to return to active participation 51 in the system or if a member who is participating in the DROP does not terminate employment 52 and actually retires as a police officer in the city for which the retirement system was established 53 pursuant to sections 86.200 to 86.366 at the end of the five-year period commencing on the first HB 1434 28 54 day of the member's participation in the DROP, the member shall return to active participation 55 in the system and shall resume making mandatory contributions to the system effective as of the 56 day after participation in the DROP ends. The board of trustees shall notify the chief of police 57 to begin deducting mandatory contributions from the member's salary and the member's 58 employment period shall count as creditable service beginning as of the day the member returns 59 to active participation. 60 6. In no event shall a member whose participation in DROP has ended for any reason be 61 eligible to participate in DROP again. 62 7. Upon the member's termination of employment as a police officer and actual 63 retirement, the member's mandatory contributions to the retirement system shall be paid to the 64 member pursuant to subsection 4 of section 86.253. 65 8. If a member dies prior to termination of employment as a police officer and actual 66 retirement while participating in the DROP or before the member has received full withdrawal 67 of the amount in the member's DROP account under the installment optional payment form, the 68 remaining balance of the member's DROP account shall be payable to the member's surviving 69 spouse; or, if the member is then unmarried, to the member's dependent children in equal shares; 70 or, if none, to the member's dependent mother or father; or, if none, to the member's designated 71 beneficiary or, if no such beneficiary is then living, to the member's estate. Payment shall be 72 made in a lump sum within sixty days after receipt by the board of trustees of evidence and proof 73 of the death of a member. In addition, the member's mandatory contributions, if any, that were 74 not already paid to the member pursuant to subsection 4 of section 86.253 shall be paid to the 75 member's surviving spouse pursuant to section 86.288. 76 9. If a member applies for and receives benefits for an accidental disability retirement 77 allowance pursuant to the provisions of section 86.263, the member shall forfeit all rights, claims 78 or interest in the member's DROP account and the member's benefits shall be calculated as if the 79 member has continued in employment and had not elected to participate in the DROP. Any 80 portion of a DROP account that has been forfeited as provided in this subsection shall be a 81 general asset of the system. 82 10. A member's DROP account shall earn interest equal to the rate of return earned by 83 the system's investment portfolio on a market value basis, including realized and unrealized gains 84 and losses, net of investment expense, as certified by the system's actuary. As of the last day of 85 each plan year beginning after DROP participation begins, the member's DROP account balance, 86 determined as of the last day of the prior plan year, shall be credited with interest at the 87 investment rate earned by the assets of the retirement system for such prior plan year. If 88 distribution of the member's DROP account balance is made in a lump sum under subsection 4 89 or 8 of this section, interest for the plan year of distribution shall be credited on the ending HB 1434 29 90 balance for the prior plan year at the investment rate earned on the assets of the retirement system 91 for the prior plan year, in proportion to the part of the plan year preceding the date of the 92 member's termination of employment or death, whichever is earlier. If the member's DROP 93 account is paid in equal monthly installments pursuant to subsection 4 of this section, interest 94 during the installment period shall be credited as of the last day of each plan year ending after 95 installment payment begins on the account balance as of the first or last day of the plan year, 96 whichever is lower, at the investment rate earned by the assets of the system for the prior plan 97 year. Interest for the year in which the final installment is paid shall be credited on the balance 98 remaining after the final installment is paid, at the investment rate earned on the assets of the 99 system for the prior plan year, in proportion to the part of the plan year preceding payment of the 100 final installment. Any interest credited to the DROP account during the installment period shall 101 be paid as soon as reasonably possible after the final monthly installment. No interest shall be 102 credited on amounts, if any, added to the member's DROP account during the year in which the 103 distribution of the account is completed. 104 11. The board of trustees shall not incur any liability individually or on behalf of other 105 individuals for any act or omission made in good faith in relation to the DROP or assets credited 106 to DROP accounts established by this section. The provisions of the Internal Revenue Code and 107 regulations promulgated thereunder shall supersede any provision of this section if there is any 108 inconsistency with the Internal Revenue Code or regulation. 109 12. Upon the receipt by the board of trustees of evidence and proof that the death of a 110 member resulted from an event occurring while the member was in the actual performance of 111 duty, and if the member is participating in the DROP, the member's surviving spouse or, if the 112 member is then [unmarried] not a party to a contract of domestic union, the member's 113 [unmarried] dependent children who are not parties to a contract of domestic union, may elect 114 within thirty days after the member's death to have the amount in the member's DROP account 115 paid in the form of a monthly survivor annuity. Payment of the survivor annuity shall begin 116 within sixty days after the election is received. Payment to the member's surviving spouse shall 117 continue until the surviving spouse's death; payment to the member's [unmarried] dependent 118 children who are not parties to a contract of domestic union shall be made while any child 119 qualifies as [an unmarried] a dependent child who is not a party to a contract of domestic 120 union pursuant to section 86.280. The survivor annuity shall be the actuarial equivalent of the 121 member's DROP account as of the date of the member's death. In no event shall the total amount 122 paid pursuant to this subsection be less than the member's DROP account balance as of the date 123 of the member's death. 86.253. 1. Upon termination of employment as a police officer and actual retirement for 2 service, a member shall receive a service retirement allowance which shall be an amount equal HB 1434 30 3 to two percent of the member's average final compensation multiplied by the number of years 4 of the member's creditable service, up to twenty-five years, plus an amount equal to four percent 5 of the member's average final compensation for each year of creditable service in excess of 6 twenty-five years but not in excess of thirty years; plus an additional five percent of the member's 7 average final compensation for any creditable service in excess of thirty years. Notwithstanding 8 the foregoing, the service retirement allowance of a member who does not earn any creditable 9 service after August 11, 1999, shall not exceed an amount equal to seventy percent of the 10 member's average final compensation, and the service retirement allowance of a member who 11 earns creditable service on or after August 12, 1999, shall not exceed an amount equal to 12 seventy-five percent of the member's average final compensation; provided, however, that the 13 service retirement allowance of a member who is participating in the DROP pursuant to section 14 86.251 on August 12, 1999, who returns to active participation in the system pursuant to section 15 86.251, and who terminates employment as a police officer and actually retires for reasons other 16 than death or disability before earning at least two years of creditable service after such return 17 shall be the sum of (1) the member's service retirement allowance as of the date the member 18 entered DROP and (2) an additional service retirement allowance based solely on the creditable 19 service earned by the member following the member's return to active participation. The 20 member's total years of creditable service shall be taken into account for the purpose of 21 determining whether the additional allowance attributable to such additional creditable service 22 is two percent, four percent or five percent of the member's average final compensation. 23 2. If, at any time since first becoming a member of the retirement system, the member 24 has served in the Armed Forces of the United States, and has subsequently been reinstated as a 25 policeman within ninety days after the member's discharge, the member shall be granted credit 26 for such service as if the member's service in the police department of such city had not been 27 interrupted by the member's induction into the Armed Forces of the United States. If earnable 28 compensation is needed for such period in computation of benefits it shall be calculated on the 29 basis of the compensation payable to the officers of the member's rank during the period of the 30 member's absence. Notwithstanding any provision of sections 86.200 to 86.366 to the contrary, 31 the retirement system governed by sections 86.200 to 86.366 shall be operated and administered 32 in accordance with the applicable provisions of the Uniformed Services Employment and 33 Reemployment Rights Act of 1994, as amended. 34 3. The service retirement allowance of each present and future retired member who 35 terminated employment as a police officer and actually retired from service after attaining age 36 fifty-five or after completing twenty years of creditable service shall be increased annually at a 37 rate not to exceed three percent as approved by the board of trustees beginning with the first 38 increase in the second October following the member's retirement and subsequent increases in HB 1434 31 39 each October thereafter, provided that each increase is subject to a determination by the board 40 of trustees that the consumer price index (United States City Average Index) as published by the 41 United States Department of Labor shows an increase of not less than the approved rate during 42 the latest twelve-month period for which the index is available at the date of determination; and 43 provided further, that if the increase is in excess of the approved rate for any year, such excess 44 shall be accumulated as to any retired member and increases may be granted in subsequent years 45 subject to a maximum of three percent for each full year from October following the member's 46 retirement but not to exceed a total percentage increase of thirty percent. In no event shall the 47 increase described under this subsection be applied to the amount, if any, paid to a member or 48 surviving spouse of a deceased member for services as a special consultant under subsection 5 49 of this section or, if applicable, subsection 6 of this section. If the board of trustees determines 50 that the index has decreased for any year, the benefits of any retired member that have been 51 increased shall be decreased but not below the member's initial benefit. No annual increase shall 52 be made of less than one percent and no decrease of less than three percent except that any 53 decrease may be limited in amount by the initial benefit. 54 4. In addition to any other retirement allowance payable under this section and section 55 86.250, a member, upon termination of employment as police officer and actual service 56 retirement, may request payment of the total amount of the member's mandatory contributions 57 to the retirement system without interest. Upon receipt of such request, the board shall pay the 58 retired member such total amount of the member's mandatory contributions to the retirement 59 system to be paid pursuant to this subsection within sixty days after such retired member's date 60 of termination of employment as a police officer and actual retirement. 61 5. Any person who is receiving retirement benefits from the retirement system, upon 62 application to the board of trustees, shall be made, constituted, appointed and employed by the 63 board of trustees as a special consultant on the problems of retirement, aging and other matters, 64 for the remainder of the person's life or, in the case of a deceased member's surviving spouse, 65 until the earlier of the person's death or [remarriage] a new contract of domestic union, and 66 upon request of the board of trustees shall give opinions and be available to give opinions in 67 writing or orally, in response to such requests, as may be required. For such services the special 68 consultant shall be compensated monthly, in an amount which, when added to any monthly 69 retirement benefits being received from the retirement system, including any cost-of-living 70 increases under subsection 3 of this section, shall total six hundred fifty dollars a month. This 71 employment shall in no way affect any person's eligibility for retirement benefits under this 72 chapter, or in any way have the effect of reducing retirement benefits, notwithstanding any 73 provisions of law to the contrary. HB 1434 32 86.254. 1. Beginning July 1, 1994, in addition to any other annuity, benefits, or 2 retirement allowance provided pursuant to sections 86.200 to 86.366, each present and future 3 retired member after attaining the age of sixty years shall, upon application to the board of 4 trustees, be made, constituted, appointed and employed by the board of trustees as an advisor on 5 the problems of retirement, aging and other matters, for the remainder of the retired member's 6 life, and upon request of the board of trustees shall give opinions in writing or orally in response 7 to such requests as may be required. 8 2. For the performance of duties required in subsection 1 of this section, each retired 9 member employed as an advisor by the board of trustees shall be compensated monthly in an 10 amount of ten dollars per month multiplied by the number of years the retired member is past the 11 age of sixty years. The compensation provided by this subsection shall be adjusted annually. 12 No funding shall be required prior to the effective date of this benefit. 13 3. Beginning October 1, 1999, in addition to any other benefit provided to any surviving 14 spouse pursuant to sections 86.200 to 86.366, each present and future surviving spouse of a 15 member after attaining the age of sixty years shall upon application to the board of trustees, be 16 made, constituted, appointed and employed by the board of trustees as an advisor on the 17 problems of retirement, aging and other matters for the remainder of the surviving spouse's life 18 or until the surviving spouse [remarries] becomes a party to a new contract of domestic union, 19 whichever is earlier, and upon request of the board of trustees shall give opinions in writing or 20 orally in response to such requests as may be required. 21 4. For the performance of duties required in subsection 3 of this section, each surviving 22 spouse of a member employed as an advisor by the board of trustees shall be compensated 23 monthly in an amount of ten dollars per month multiplied by the number of years the surviving 24 spouse is past the age of sixty years. The compensation provided by this subsection shall be 25 adjusted annually. 86.260. 1. Upon termination of employment as a police officer and actual retirement for 2 nonduty disability a member shall receive a service retirement allowance as calculated under 3 subsection 1 of section 86.253 if the member has attained the age of fifty-five or completed 4 twenty years of creditable service; otherwise the member shall receive a nonduty disability 5 retirement allowance which shall be equal to ninety percent of the member's accrued service 6 retirement in section 86.253, but not less than one-fourth of the member's average final 7 compensation; provided, however, that no such allowance shall exceed ninety percent of the 8 member's accrued service retirement benefit based on continuation of the member's creditable 9 service to the age set out in section 86.250. 10 2. Effective October 1, 1999, the nonduty disability retirement allowance will be 11 increased by fifteen percent of the member's average final compensation for each [unmarried] HB 1434 33 12 dependent child who is not a party to a contract of domestic union of the disabled member 13 who is under the age of eighteen, or who, regardless of age, is totally and permanently mentally 14 or physically disabled and incapacitated from engaging in gainful occupation sufficient to 15 support himself or herself. 16 3. Any member receiving benefits pursuant to the provisions of this section immediately 17 prior to October 1, 1999, shall upon application to the board of trustees be made, constituted, 18 appointed and employed by the board of trustees as a special consultant on the problems of 19 retirement, aging and other matters while the member is receiving such benefits, and upon 20 request of the board of trustees shall give opinions in writing or orally in response to such 21 requests as may be required. Beginning October 1, 1999, for such services as may be required, 22 there shall be payable an additional monthly compensation of one hundred dollars or five percent 23 of the member's average final compensation, whichever is greater, for each [unmarried] 24 dependent child who is not a party to a contract of domestic union of the member. 25 4. Any benefit payable to or for the benefit of a child or children under the age of 26 eighteen years pursuant to the provisions of subsections 2 and 3 of this section shall continue to 27 be paid beyond the age of eighteen years through the age of twenty-two years in those cases 28 where the child is a full-time student at a regularly accredited college, business school, nursing 29 school, school for technical or vocational training, or university, but such extended benefit shall 30 cease whenever the child ceases to be a student. A college or university shall be deemed to be 31 regularly accredited which maintains membership in good standing in a national or regional 32 accrediting agency recognized by any state college or university. 33 5. No benefits pursuant to this section shall be paid to a child over eighteen years of age 34 who is totally and permanently disabled if such child is a patient or resident of a public-supported 35 institution, nor shall such benefits be paid unless such disability occurred prior to such child 36 reaching the age of eighteen. 86.280. Upon the receipt of proper proofs of the death of a member in service and 2 provided no other benefits are payable under the retirement system, there shall be paid the 3 following benefits: 4 (1) Effective October 1, 1999, a pension to the surviving spouse until the surviving 5 spouse dies or [remarries] becomes a party to a new contract of domestic union, whichever 6 is earlier, of forty percent of the deceased member's average final compensation plus fifteen 7 percent of such compensation to, or for the benefit of, each [unmarried] dependent child who is 8 not a party to a contract of domestic union of the deceased member, who is either under the 9 age of eighteen, or who, regardless of age, is totally and permanently mentally or physically 10 disabled and incapacitated from engaging in gainful occupation sufficient to support himself or 11 herself; HB 1434 34 12 (2) Any surviving spouse or [unmarried] dependent child who is not a party to a 13 contract of domestic union receiving benefits pursuant to the provisions of this section 14 immediately prior to October 1, 1999, shall, upon application to the board of trustees, be made, 15 constituted, appointed and employed by the board of trustees as a special consultant on the 16 problems of retirement, aging and other matters while the surviving spouse or [unmarried] 17 dependent child who is not a party to a contract of domestic union is receiving such benefits, 18 and upon request of the board of trustees shall give opinions in writing or orally in response to 19 such requests as may be required. Beginning October 1, 1999, for such services as may be 20 required, the surviving spouse shall receive additional monthly compensation in an amount equal 21 to fifteen percent of the deceased member's average final compensation, and there shall be 22 payable an additional monthly compensation of one hundred dollars or five percent of the 23 member's average final compensation, whichever is greater, for each [unmarried] dependent child 24 who is not a party to a contract of domestic union of the member. The additional monthly 25 compensation payable to a surviving spouse pursuant to this subdivision shall be adjusted for any 26 cost-of-living increases that apply, pursuant to subdivision (8) of this section, to the benefit the 27 surviving spouse was receiving prior to October 1, 1999; 28 (3) If no surviving spouse benefits are payable pursuant to subdivisions (1) and (2) of 29 this section, such total pension as would have been paid pursuant to subdivisions (1) and (2) of 30 this section had there been a surviving spouse shall be divided among the [unmarried] dependent 31 children under age eighteen who are not parties to a contract of domestic union and such 32 [unmarried] dependent children who are not parties to a contract of domestic union, 33 regardless of age, who are totally and permanently mentally or physically disabled and 34 incapacitated from engaging in a gainful occupation sufficient to support themselves. The 35 benefit shall be divided equally among the eligible dependent children, and the share of a child 36 who is no longer eligible shall be divided equally among the remaining eligible dependent 37 children; provided that not more than one-half of the surviving spouse's benefit shall be paid for 38 one child; 39 (4) If there is no surviving spouse or dependent children, the return of accumulated 40 contributions to the designated beneficiary as set forth in section 86.293; 41 (5) No benefits pursuant to this section shall be paid to a child over eighteen years of age 42 who is totally and permanently disabled if such child is a patient or resident of a public-supported 43 institution, nor shall such benefits be paid unless such disability occurred prior to such child 44 reaching the age of eighteen; 45 (6) Wherever any dependent child designated by the board of trustees to receive benefits 46 pursuant to this section is in the care of the surviving spouse of the deceased member, such 47 benefits may be paid to such surviving spouse for the child; HB 1434 35 48 (7) Any benefit payable to, or for the benefit of, a child or children under the age of 49 eighteen years pursuant to subdivisions (1) to (3) of this section shall continue to be paid beyond 50 the age of eighteen years through the age of twenty-two years if the child is a full-time student 51 at a regularly accredited college, business school, nursing school, school for technical or 52 vocational training, or university, but such extended benefit shall cease whenever the child 53 ceases to be a student. A college or university shall be deemed to be regularly accredited which 54 maintains membership in good standing in a national or regional accrediting agency recognized 55 by any state college or university; 56 (8) The benefits payable pursuant to this section to the surviving spouse of a member 57 who died in service after attaining the age of fifty-five or completing twenty years of creditable 58 service shall be increased in the same percentages and pursuant to the same method as is 59 provided in section 86.253 for adjustments in the service retirement allowance of a retired 60 member. 86.283. Upon receipt of proper proofs of the death of a retired member who retired while 2 in service, including retirement for service, ordinary disability or accidental disability, and 3 provided no other benefits are payable from the retirement system, there shall be paid the 4 following benefits: 5 (1) Effective October 1, 1999, a pension to the surviving spouse until the surviving 6 spouse dies or [remarries] becomes a party to a new contract of domestic union, whichever 7 is earlier, of forty percent of the deceased member's average final compensation plus fifteen 8 percent of such compensation to, or for the benefit of, each [unmarried] dependent child who is 9 not a party to a contract of domestic union of the deceased member, who is either under the 10 age of eighteen, or who, regardless of age, is totally and permanently mentally or physically 11 disabled and incapacitated from engaging in a gainful occupation sufficient to support himself 12 or herself; 13 (2) Any surviving spouse or [unmarried] dependent child who is not a party to a 14 contract of domestic union receiving benefits pursuant to this section immediately prior to 15 October 1, 1999, shall upon application to the board of trustees be made, constituted, appointed 16 and employed by the board of trustees as a special consultant on the problems of retirement, 17 aging and other matters while the surviving spouse or [unmarried] dependent child who is not 18 a party to a contract of domestic union is receiving such benefits, and upon request of the 19 board of trustees shall give opinions in writing or orally in response to such requests as may be 20 required. Beginning October 1, 1999, for such services as may be required, a surviving spouse 21 shall receive additional monthly compensation equal to the amount which when added to the 22 benefits the surviving spouse was receiving pursuant to this section prior to October 1, 1999, 23 determined without regard to any increase applied to such benefits prior to October 1, 1999, HB 1434 36 24 pursuant to subdivision (8) of this section, will increase the surviving spouse's total monthly 25 payment pursuant to this section to forty percent of the deceased member's average final 26 compensation, and there shall be payable an additional monthly compensation of one hundred 27 dollars or five percent of the member's average final compensation, whichever is greater, for each 28 [unmarried] dependent child who is not a party to a contract of domestic union of the 29 member. The additional monthly compensation payable to a surviving spouse pursuant to this 30 subdivision shall be adjusted for any cost-of-living increases that apply to the benefit the 31 surviving spouse was receiving prior to October 1, 1999; 32 (3) If no surviving spouse benefits are payable pursuant to subdivisions (1) and (2) of 33 this section, such total pension as would have been paid pursuant to subdivisions (1) and (2) of 34 this section had there been a surviving spouse, determined without regard to any increase which 35 would have applied to the surviving spouse's benefits pursuant to subdivision (8) of this section, 36 shall be divided among the [unmarried] dependent children who are not parties to a contract 37 of domestic union under age eighteen and [unmarried] dependent children who are not parties 38 to a contract of domestic union, regardless of age, who are totally and permanently mentally 39 or physically disabled and incapacitated from engaging in a gainful occupation sufficient to 40 support themselves. The benefit shall be divided equally among the eligible dependent children, 41 and the share of a child who is no longer eligible shall be divided equally among the remaining 42 eligible dependent children; provided that not more than one-half of the surviving spouse's 43 benefits shall be paid for one child; 44 (4) No benefits pursuant to this section shall be paid to a child over eighteen years of age 45 who is totally and permanently disabled if such child is a patient or resident of a public-supported 46 institution, nor shall such benefits be paid unless such disability occurred prior to such child 47 reaching the age of eighteen; 48 (5) Whenever any dependent child designated by the board of trustees to receive benefits 49 pursuant to this section is in the care of the surviving spouse of the deceased member, such 50 benefits may be paid to such surviving spouse for the child; 51 (6) In the event of the death of a retired member receiving accidental disability benefits 52 before such benefits have been paid for five years, the member's surviving spouse until the 53 surviving spouse dies or [remarries] becomes a party to a new contract of domestic union, 54 whichever is earlier, shall receive an additional pension of ten percent of the deceased member's 55 final average compensation; 56 (7) Any benefit payable to, or for the benefit of, a child or children under the age of 57 eighteen years pursuant to subdivisions (1) to (3) of this section shall continue to be paid beyond 58 the age of eighteen years through the age of twenty-two years if the child is a full-time student 59 at a regularly accredited college, business school, nursing school, school for technical or HB 1434 37 60 vocational training, or university, but such extended benefit shall cease whenever the child 61 ceases to be a student. A college or university shall be deemed to be regularly accredited which 62 maintains membership in good standing in a national or regional accrediting agency recognized 63 by any state college or university; 64 (8) The benefits payable pursuant to this section to the surviving spouse of a retired 65 member who received or was entitled to receive a service retirement allowance shall be increased 66 in the same percentages and pursuant to the same method as is provided in section 86.253 for 67 adjustments in the service retirement allowance of a retired member. 86.287. Upon the receipt by the board of trustees of evidence and proof that the death 2 of a member was the natural and proximate result of an accident occurring at some definite time 3 and place while the member was in the actual performance of duty and not caused by negligence 4 on the part of the member, there shall be paid in lieu of the benefits pursuant to sections 86.280 5 to 86.283: 6 (1) Effective October 1, 1999, a pension to the surviving spouse until the surviving 7 spouse dies or [remarries] becomes a party to a new contract of domestic union, whichever 8 is earlier, of seventy-five percent of the deceased member's average final compensation plus 9 fifteen percent of such compensation to, or for the benefit of, each [unmarried] dependent child 10 who is not a party to a contract of domestic union of the deceased member, who is either 11 under the age of eighteen, or who, regardless of age, is totally and permanently disabled and 12 incapacitated from engaging in a gainful occupation sufficient to support himself or herself; 13 (2) Any surviving spouse or [unmarried] dependent child who is not a party to a 14 contract of domestic union receiving benefits pursuant to this section immediately prior to 15 October 1, 1999, shall upon application to the board of trustees be made, constituted, appointed 16 and employed by the board of trustees as a special consultant on the problems of retirement, 17 aging and other matters while the surviving spouse or [unmarried] dependent child who is not 18 a party to a contract of domestic union is receiving such benefits, and upon request of the 19 board of trustees shall give opinions in writing or orally in response to such requests as may be 20 required. Beginning October 1, 1999, for such services as may be required, a surviving spouse 21 shall receive additional monthly compensation equal to the amount which when added to the 22 benefits the surviving spouse was receiving pursuant to this section prior to October 1, 1999, will 23 increase the surviving spouse's total monthly benefit payment pursuant to this section to 24 seventy-five percent of the deceased member's average final compensation, and there shall be 25 payable an additional monthly compensation of one hundred dollars or five percent of the 26 member's average final compensation, whichever is greater, for each [unmarried] dependent child 27 who is not a party to a contract of domestic union of the member; HB 1434 38 28 (3) If no surviving spouse benefits are payable pursuant to subdivisions (1) and (2) of 29 this section, such total pension as would have been paid pursuant to subdivisions (1) and (2) of 30 this section had there been a surviving spouse shall be divided among the [unmarried] dependent 31 children who are not parties to a contract of domestic union under age eighteen and such 32 [unmarried] dependent children who are not parties to a contract of domestic union, 33 regardless of age, who are totally and permanently disabled and incapacitated from engaging in 34 a gainful occupation sufficient to support themselves. The benefit shall be divided equally 35 among the eligible dependent children, and the share of a child who is no longer eligible shall 36 be divided equally among the remaining eligible dependent children; provided that not more than 37 one-half of the surviving spouse's benefit shall be paid for one child; 38 (4) If there is no surviving spouse or [unmarried] dependent children who are not 39 parties to a contract of domestic union of either class mentioned in subdivision (3) of this 40 section, then an amount equal to the surviving spouse's benefit shall be paid to the member's 41 dependent father or dependent mother to continue until [remarriage] a new contract of domestic 42 union or death; 43 (5) No benefits pursuant to this section shall be paid to a child over eighteen years of age 44 who is totally and permanently disabled if such child is a patient or resident of a public-supported 45 institution, nor shall such benefits be paid unless such disability occurred prior to such child 46 reaching the age of eighteen; 47 (6) Wherever any dependent child designated by the board of trustees to receive benefits 48 pursuant to this section is in the care of the surviving spouse of the deceased member, such 49 benefits may be paid to such surviving spouse for the child; 50 (7) Any benefit payable to, or for the benefit of, a child or children under the age of 51 eighteen years pursuant to subdivisions (1) to (3) of this section shall continue to be paid beyond 52 the age of eighteen years through the age of twenty-two years in those cases where the child is 53 a full-time student at a regularly accredited college, business school, nursing school, school for 54 technical or vocational training, or university, but such extended benefit shall cease whenever 55 the child ceases to be a student. A college or university shall be deemed to be regularly 56 accredited which maintains membership in good standing in a national or regional accrediting 57 agency recognized by any state college or university. 86.547. 1. When a member of the department dies from any cause whatever while a 2 member of the department or after retirement under the provisions of sections 86.510 to 86.577, 3 and leaves a widow surviving, the board of trustees shall pay such widow from the pension fund, 4 monthly, while [unmarried] not a party to a contract of domestic union, a sum equal to 5 one-half the monthly pension which [her husband] the spouse received or would have received 6 had he or she been retired on the date of his or her death or the sum of seventy-five dollars HB 1434 39 7 monthly, whichever is the greater amount. No pension shall be paid to any widow of a pensioner 8 who has been retired on account of twenty years or more of service, unless he or she was 9 [married to] a party to a contract of domestic union with the deceased pensioner at least five 10 years immediately prior to the date of his or her retirement. 11 2. If there be any surviving children of the deceased member or pensioner under eighteen 12 years of age, the pension payable to the widow shall be increased ten dollars per month for each 13 dependent child if the decedent leave no widow, but does leave an orphan child or children, 14 under the age of eighteen years, the child or children, collectively, shall receive a pension of 15 thirty dollars monthly until the youngest child attains the age of eighteen years, but no child shall 16 receive any pension after attaining the age of eighteen years. 86.1151. 1. Any Tier II member may retire when such member has completed 2 twenty-seven or more years of creditable service. Upon such retirement such member shall 3 receive a base pension equal to two and one-half percent of such member's final compensation, 4 as defined in section 86.900, multiplied by the number of years of such member's total creditable 5 service. Such pension shall not exceed eighty percent of the member's final compensation. 6 2. (1) A Tier II member who is [married] a party to a contract of domestic union at 7 the time of retirement may by a written election, with the written consent of such member's 8 spouse, elect an optional benefit calculated as follows: such optional benefit shall be a monthly 9 pension in the initial amount which shall be actuarially equivalent to the actuarial value of the 10 pension described in subsection 1 of this section for such member at the date of retirement 11 (including the value of survivorship rights of a surviving spouse, where applicable, under section 12 86.1240), upon the basis that the initial annuity for the member's spouse, if such spouse survives 13 the member, shall be: 14 (a) The same as the amount being paid the member at the member's death, and, together 15 with cost-of-living adjustments thereafter declared on the spouse's base pension under section 16 86.1220, shall be paid to such surviving spouse for the lifetime of such spouse; or 17 (b) Seventy-five percent of the amount being paid the member at the member's death, 18 and, together with cost-of-living adjustments thereafter declared on the spouse's base pension 19 under section 86.1220, shall be paid to such surviving spouse for the lifetime of such spouse. 20 (2) If a member who elects the optional benefit permitted by this subsection also makes 21 an election permitted under section 86.1210, such optional benefit shall be reduced as provided 22 in subdivision (3) of subsection 2 of section 86.1210. 23 (3) If a member makes the election permitted by this subsection, the amount calculated 24 for such optional benefit under either subdivision (1) or (2) of this subsection shall become the 25 base pension for such member and for such member's spouse for all purposes of sections 86.900 26 to 86.1280. HB 1434 40 27 (4) An election for an optional benefit under this subsection shall be void if the member 28 dies within thirty days after filing such election with the retirement system or if the member dies 29 before the due date of the first payment of such member's pension. 30 3. Subject to the provisions of subsection 4 of this section, whenever the service of a Tier 31 II member is terminated for any reason prior to death or retirement and the member has fifteen 32 or more years of creditable service, the member may elect not to withdraw such member's 33 accumulated contributions and shall become entitled to a base pension commencing on the first 34 day of the month following the attainment of the age of sixty, if then living, equal to two and 35 one-half percent of such member's final compensation multiplied by the number of years of such 36 member's creditable service. 37 4. Notwithstanding any other provisions of sections 86.900 to 86.1280, any member who 38 is convicted of a felony prior to separation from active service shall not be entitled to any benefit 39 from this retirement system except the return of such member's accumulated contributions. 86.1230. 1. Any Tier I member who retires subsequent to August 28, 1991, with 2 entitlement to a pension under sections 86.900 to 86.1280, shall receive, in addition to such 3 member's base pension and cost-of-living adjustments thereto under section 86.1220, and in 4 addition to any other compensation or benefit to which such member may be entitled under 5 sections 86.900 to 86.1280, a supplemental retirement benefit of fifty dollars per month. The 6 amount of such supplemental retirement benefit may be adjusted by cost-of-living adjustments 7 determined by the retirement board not more frequently than annually. 8 2. Any Tier I member who was retired on or before August 28, 1991, and is receiving 9 retirement benefits from the retirement system shall, upon application to the retirement board, 10 be retained as a consultant, and for such services such member shall receive, in addition to such 11 member's base pension and cost-of-living adjustments thereto under section 86.1220, and in 12 addition to any other compensation or benefit to which such member may be entitled under 13 sections 86.900 to 86.1280, a supplemental compensation in the amount of fifty dollars per 14 month. This appointment as a consultant shall in no way affect any member's eligibility for 15 retirement benefits under the provisions of sections 86.900 to 86.1280, or in any way have the 16 effect of reducing retirement benefits otherwise payable to such member. The amount of such 17 supplemental compensation under this subsection may be adjusted by cost-of-living adjustments 18 determined by the retirement board not more frequently than annually. 19 3. For purposes of subsections 1 and 2 of this section, the term "member" shall include 20 a surviving spouse entitled to a benefit under sections 86.900 to 86.1280 who shall be deemed 21 to have retired for purposes of this section on the date of retirement of the member of whom such 22 person is the surviving spouse or on the date of death of such member if such member died prior 23 to retirement; provided, that if the surviving spouse of any member who retired prior to August HB 1434 41 24 28, 2000, shall not have [remarried] become a party to a new contract of domestic union prior 25 to August 28, 2000, but [remarries] becomes a party to a new contract of domestic union 26 thereafter, such surviving spouse shall thereafter receive benefits under subsection 2 of this 27 section, and provided further, that no benefits shall be payable under this section to the surviving 28 spouse of any member who retired prior to August 28, 2000, if such surviving spouse was at any 29 time [remarried] a party to a new contract of domestic union after the member's death and 30 prior to August 28, 2000. All benefits payable to a surviving spouse under this section shall be 31 in addition to all other benefits to which such surviving spouse may be entitled under other 32 provisions of sections 86.900 to 86.1280. Any such surviving spouse of a member who dies 33 while entitled to payments under this section shall succeed to the full amount of payment under 34 this section to which such member was entitled at the time of such member's death, including 35 any cost-of-living adjustments received by such member in the payment under this section prior 36 to such member's death. In all events, the term "member" shall not include any children of the 37 member who would be entitled to receive part or all of the pension which would be received by 38 a surviving spouse if living. 39 4. Any member who is receiving benefits from the retirement system and who either was 40 retired under the provisions of subdivision (1) of subsection 1 of section 86.1150, or who retired 41 before August 28, 2001, under the provisions of section 86.1180 or section 86.1200, shall, upon 42 application to the retirement board, be retained as a consultant. For such services such member 43 shall receive each month in addition to such member's base pension and cost-of-living 44 adjustments thereto under section 86.1220, and in addition to any other compensation or benefit 45 to which such member may be entitled under sections 86.900 to 86.1280, an equalizing 46 supplemental compensation of ten dollars per month. This appointment as a consultant shall in 47 no way affect any member's eligibility for retirement benefits under the provisions of sections 48 86.900 to 86.1280, or in any way have the effect of reducing retirement benefits otherwise 49 payable to such member. The amount of equalizing supplemental compensation under this 50 subsection may be adjusted by cost-of-living adjustments, determined by the retirement board 51 not more frequently than annually, but in no event shall the aggregate of such equalizing 52 supplemental compensation together with all such cost-of-living adjustments thereto exceed 53 twenty-five percent of the member's base pension. Each cost-of-living adjustment to 54 compensation under this subsection shall be determined independently of any cost-of-living 55 adjustment to any other benefit under sections 86.900 to 86.1280. For the purposes of this 56 subsection, the term "member" shall include a surviving spouse entitled to benefits under the 57 provisions of sections 86.900 to 86.1280, and who is the surviving spouse of a member who 58 qualified, or would have qualified if living, for compensation under this subsection. Such 59 surviving spouse shall, upon application to the retirement board, be retained as a consultant, and HB 1434 42 60 for such services shall be compensated in an amount equal to the compensation which would 61 have been received by the member under this subsection, if living. Any such surviving spouse 62 of a member who dies while entitled to payments under this subsection shall succeed to the full 63 amount of payment under this subsection to which such member was entitled at the time of such 64 member's death, including any cost-of-living adjustments received by such member in the 65 payment under this subsection prior to such member's death. In all events, the term "member" 66 shall not include any children of the member who would be entitled to receive part or all of the 67 pension that would be received by a surviving spouse, if living. 68 5. A surviving spouse who is entitled to benefits under the provisions of subsection 1 of 69 section 86.1240 as a result of the death prior to August 28, 2007, of a member in service, and 70 who is receiving benefits from the retirement system, shall, upon application to the retirement 71 board, be retained as a consultant, and for such services such surviving spouse shall receive each 72 month an equalizing supplemental compensation of ten dollars per month. A surviving spouse 73 entitled to benefits under the provisions of subsection 1 of section 86.1240 as a result of the 74 death of a member in service on or after August 28, 2007, shall receive each month an equalizing 75 supplemental benefit of ten dollars per month. All benefits payable to a surviving spouse under 76 this subsection shall be in addition to all other benefits to which such surviving spouse may be 77 entitled under other provisions of sections 86.900 to 86.1280 and shall in no way have the effect 78 of reducing benefits otherwise payable to such surviving spouse. The amount of equalizing 79 supplemental benefit or equalizing supplemental compensation under this subsection may be 80 adjusted by cost-of-living adjustments, determined by the retirement board not more frequently 81 than annually, but in no event shall the aggregate of such equalizing supplemental benefit or 82 compensation together with all such cost-of-living adjustments thereto exceed twenty-five 83 percent of the base pension of the surviving spouse. Each cost-of-living adjustment to an 84 equalizing supplemental benefit or compensation under this subsection shall be determined 85 independently of any cost-of-living adjustment to any other benefit under sections 86.900 to 86 86.1280. In all events the term "surviving spouse" as used in this subsection shall not include 87 any children of the member who would be entitled to receive part or all of the pension that would 88 be received by a surviving spouse, if living. 89 6. In determining and granting the cost-of-living adjustments under this section, the 90 retirement board shall adopt such rules and regulations as may be necessary to effectuate the 91 purposes of this section, including provisions for the manner of computation of such adjustments 92 and the effective dates thereof. The retirement board shall provide for such adjustments to be 93 determined once each year and granted on a date or dates to be chosen by the board. The 94 retirement board shall not be required to prorate the initial adjustment to any benefit or 95 compensation under this section for any member. HB 1434 43 96 7. The determination of whether the retirement system will remain actuarially sound 97 shall be made at the time any cost-of-living adjustment under this section is granted. If at any 98 time the retirement system ceases to be actuarially sound, any benefit or compensation payments 99 provided under this section shall continue as adjusted by increases or decreases theretofore 100 granted. A member of the retirement board shall have no personal liability for granting increases 101 under this section if that retirement board member in good faith relied and acted upon advice of 102 a qualified actuary that the retirement system would remain actuarially sound. 86.1240. 1. Upon receipt of the proper proofs of death of a member in service for any 2 reason whatsoever, there shall be paid to such member's surviving spouse, if any, in addition to 3 all other benefits but subject to subsection 6 of this section, a base pension equal to forty percent 4 of the final compensation of such member, subject to adjustments, if any, as provided in section 5 86.1220. 6 2. (1) Upon receipt of the proper proofs of death of a Tier I member who was retired or 7 terminated service after August 28, 1999, and died after having become entitled to benefits from 8 this retirement system, there shall be paid to such member's surviving spouse, if any, in addition 9 to all other benefits but subject to subsection 6 of this section, a base pension equal to eighty 10 percent of the pension being received by such member, including cost-of-living adjustments to 11 such pension but excluding supplemental retirement benefits, at the time of such member's death, 12 subject to subsequent adjustments, if any, as provided in section 86.1220. The pension provided 13 by this subdivision shall terminate upon [remarriage] a new contract of domestic union by the 14 surviving spouse prior to August 28, 2000. 15 (2) (a) Upon receipt of the proper proof of death of a Tier I member who retired or 16 terminated service on or before August 28, 1999, and who died after August 28, 1999, and after 17 having become entitled to benefits from this retirement system, such member's surviving spouse, 18 if any, shall be entitled to a base pension equal to forty percent of the final compensation of such 19 member. 20 (b) Such a surviving spouse shall, upon application to the retirement board, be appointed 21 by the retirement board as a consultant and be compensated in an amount equal to the benefits 22 such spouse would receive under subdivision (1) of this subsection if the member had retired or 23 terminated service after August 28, 1999. 24 (c) The benefits provided by this subdivision shall terminate upon [remarriage] a new 25 contract of domestic union by the surviving spouse prior to August 28, 2000. 26 (3) Upon receipt of the proper proof of death of a Tier II member after retirement who 27 has not elected the optional annuity permitted under subdivision (1) of subsection 2 of section 28 86.1151, such member's surviving spouse, shall be entitled to a base pension payable for life 29 equaling fifty percent of the member's base pension. HB 1434 44 30 3. In the case of any member who, prior to August 28, 2000, died in service or retired, 31 the surviving spouse who would qualify for benefits under subsection 1 or 2 of this section but 32 for [remarriage] a new contract of domestic union, and who has not [remarried] become a 33 party to a new contract of domestic union prior to August 28, 2000, but [remarries] becomes 34 a party to a contract of domestic union thereafter, shall upon application be appointed by the 35 retirement board as a consultant. For services as such consultant, such surviving spouse shall 36 be compensated in an amount equal to the benefits such spouse would have received under 37 sections 86.900 to 86.1280 in the absence of such [remarriage] new contract of domestic union. 38 4. Upon the death of any member who is in service after August 28, 2000, and who 39 either had at least twenty-five years of creditable service or was retired or died as a result of an 40 injury or illness occurring in the line of duty or course of employment under section 86.1180, the 41 surviving spouse's benefit provided under this section, without including any supplemental 42 retirement benefits paid such surviving spouse by this retirement system, shall be six hundred 43 dollars per month. For any member who died, retired or terminated service on or before August 44 28, 2000, and who either had at least twenty-five years of creditable service or was retired or died 45 as a result of an injury or illness occurring in the line of duty or course of employment under 46 section 86.1180, the surviving spouse shall upon application to the retirement board be appointed 47 by the retirement board as a consultant. For services as such consultant, the surviving spouse 48 shall, beginning the later of August 28, 2000, or the time the appointment is made under this 49 subsection, be compensated in an amount which without including supplemental retirement 50 benefits provided by this system shall be six hundred dollars monthly. A pension benefit under 51 this subsection shall be paid in lieu of any base pension as increased by cost-of-living 52 adjustments granted under section 86.1220. The benefit under this subsection shall not be 53 subject to cost-of-living adjustments, but shall be terminated and replaced by the base pension 54 and cost-of-living adjustments to which such spouse would otherwise be entitled at such time 55 as the total base pension and such adjustments exceed six hundred dollars monthly. 56 5. A surviving spouse who is entitled to benefits under the provisions of subsection 1 of 57 this section as a result of the death on or before August 28, 2009, of a member in service who 58 is receiving benefits under sections 86.900 to 86.1280 and who does not qualify under the 59 provisions of subsection 4 of this section shall, upon application to the retirement board, be 60 appointed as a consultant, and for such services such surviving spouse shall be compensated in 61 an amount which, without including any supplemental retirement benefits provided by sections 62 86.900 to 86.1280, shall be six hundred dollars monthly. A pension benefit under this subsection 63 shall be paid in lieu of any base pension as increased by cost-of-living adjustments granted under 64 section 86.1220. The benefit under this subsection shall not be subject to cost-of-living 65 adjustments, but shall be terminated and replaced by the base pension and cost-of-living HB 1434 45 66 adjustments to which such surviving spouse would otherwise be entitled at such time as the total 67 base pension and such adjustments exceed six hundred dollars monthly. As used in this 68 subsection, "surviving spouse" shall not include any children of the member who would be 69 entitled to receive part or all of the pension that would be received by a surviving spouse, if 70 living. 71 6. Any beneficiary of benefits under sections 86.900 to 86.1280 who becomes the 72 surviving spouse of more than one member shall be paid all benefits due a surviving spouse of 73 that member whose entitlements produce the largest surviving spouse benefits for such 74 beneficiary but shall not be paid surviving spouse benefits as the surviving spouse of more than 75 one member. 86.1310. The following words and phrases as used in sections 86.1310 to 86.1640 shall 2 have the following meanings unless a different meaning is plainly required by the context: 3 (1) "Accumulated contributions", the sum of all amounts deducted from the 4 compensation of a member and paid to the retirement board, together with all amounts paid to 5 the retirement board by a member or by a member's beneficiary for the purchase of prior service 6 credits or any other purpose permitted under sections 86.1310 to 86.1640, in all cases with 7 interest, if any, thereon at a rate determined from time to time for such purpose by the retirement 8 board; 9 (2) "Actuarial cost", the present value of a future payment or series of payments as 10 calculated by applying the actuarial assumptions established according to subsection 8 of section 11 86.1630; 12 (3) "Beneficiary", any person entitled, either currently or conditionally, to receive 13 pension or other benefits provided in sections 86.1310 to 86.1640; 14 (4) "Board of police commissioners", the board composed of police commissioners 15 authorized by law to employ and manage an organized police force in the cities; 16 (5) "City" or "cities", any city which now has or may hereafter have a population of more 17 than three hundred thousand and less than seven hundred thousand inhabitants, or any city that 18 has made an election under section 86.1320 to continue a civilian employees' retirement system 19 theretofore maintained under sections 86.1310 to 86.1640; 20 (6) "Compensation", the basic wage or salary paid a member for any period, excluding 21 bonuses, overtime pay, expense allowances, and other extraordinary compensation; except that, 22 notwithstanding such provision, compensation for any year for any member shall not exceed the 23 amount permitted to be taken into account under Section 401(a)(17) of the Internal Revenue 24 Code as applicable to such year; 25 (7) "Consultant", unless otherwise specifically defined, means a person retained by the 26 retirement system as a special consultant on the problems of retirement, aging and related matters HB 1434 46 27 who, upon request of the retirement board, shall give opinions and be available to give opinions 28 in writing or orally in response to such requests, as may be needed by the board; 29 (8) "Creditable service", service qualifying as a determinant of a member's pension or 30 other benefit under sections 86.1310 to 86.1640 by meeting the requirements specified in such 31 sections, or section 105.691; 32 (9) "Employee", any regularly appointed civilian employee of the police department of 33 the city as specified in sections 86.1310 to 86.1640 who is: 34 (a) Appointed prior to August 28, 2011, and is not eligible to receive a pension from the 35 police retirement system of said city; 36 (b) Appointed on or after August 28, 2011, and is not eligible to receive a pension from 37 the police retirement system of such city or from any other retirement or pension system of such 38 city; 39 (10) "Final compensation": 40 (a) For a Tier I member as described in subdivision (13) of this section, the average 41 annual compensation of a member during the member's service if less than two years, or the 42 twenty-four months of service for which the member received the highest salary whether 43 consecutive or otherwise; 44 (b) For a Tier II member as described in subdivision (13) of this section, the average 45 annual compensation of a member during the member's service if less than three years, or the 46 thirty-six months of service for which the member received the highest salary whether 47 consecutive or otherwise; 48 (c) For any period of time when a member is paid on a frequency other than monthly, 49 the member's salary for such period shall be deemed to be the monthly equivalent of the 50 member's annual rate of compensation for such period; 51 (11) "Internal Revenue Code", the United States Internal Revenue Code of 1986, as 52 amended; 53 (12) "Medical board", not less than one nor more than three physicians appointed by the 54 retirement board to arrange for and conduct medical examinations as directed by the retirement 55 board; 56 (13) "Member", a member of the civilian employees' retirement system as described in 57 section 86.1480: 58 (a) "Tier I member", any person who became a member prior to August 28, 2013, and 59 who remains a member on August 28, 2013, shall remain a Tier I member until such member's 60 membership is terminated as described in section 86.1520; 61 (b) "Tier I surviving spouse", the surviving spouse of a Tier I member; 62 (c) "Tier II member", any person who became a member on or after August 28, 2013; HB 1434 47 63 (d) "Tier II surviving spouse", the surviving spouse of a Tier II member; 64 (e) Any person whose membership is terminated as described in section 86.1520 and 65 who reenters membership on or after August 28, 2013, shall become a member under paragraph 66 (c) of this subdivision; 67 (14) "Pension", annual payments for life, payable monthly, at the times described in 68 section 86.1420; 69 (15) "Pension fund", the fund resulting from contributions made thereto by the cities 70 affected by sections 86.1310 to 86.1640 and by the members of the civilian employees' 71 retirement system; 72 (16) "Retirement", termination of a member's status as an employee of the police 73 department of the city at a time when the member or the member's beneficiary is immediately 74 entitled to one or more benefits under sections 86.1310 to 86.1640; 75 (17) "Retirement board" or "board", the board provided in section 86.1330 to administer 76 the retirement system; 77 (18) "Retirement system", the civilian employees' retirement system of the police 78 department of the cities as defined in section 86.1320; 79 (19) "Surviving spouse", when determining whether a person is entitled to benefits under 80 sections 86.1310 to 86.1640 by reason of surviving a member, shall include only: 81 (a) The person who was [married to] a party to a contract of domestic union with the 82 member at the time of the member's death in service prior to August 28, 2001, and who had not 83 [remarried] become a party to a new contract of domestic union prior to August 28, 2001; 84 (b) The person who was [married to] a party to a contract of domestic union with the 85 member at the time of the member's death in service on or after August 28, 2001; 86 (c) In the case of any member who both retired and died prior to August 28, 2001, the 87 person who was [married to] a party to a contract of domestic union with the member at the 88 time of the member's death and who had not [remarried] become a party to a new contract of 89 domestic union prior to August 28, 2001; 90 (d) In the case of any member who retired prior to August 28, 2001, and died on or after 91 that date, the person who was [married to] a party to a contract of domestic union with the 92 member at the time of the member's death; or 93 (e) In the case of any member who retired on or after August 28, 2001, the person who 94 was [married to] a party to a contract of domestic union with the member at both the time of 95 the member's retirement and the time of the member's death. 86.1540. 1. (1) Upon retirement on or after a member's normal retirement date, such 2 member shall receive a base pension in the amount of two percent of such member's final HB 1434 48 3 compensation times the number of years, including fractions thereof, of such member's creditable 4 service. 5 (2) Such member may elect to receive a different base pension under an election 6 permitted under this section or section 86.1580. 7 2. Tier I members may elect early retirement as follows: 8 (1) Beginning at age fifty-five, if the member has completed at least ten years of 9 creditable service or at any later age after the member has completed at least ten years of 10 creditable service. Unless subdivision (3) of this subsection shall be applicable, the benefit as 11 computed under subsection 1 of this section shall be reduced by one-half of one percent for each 12 full month the initial payment is prior to the first day of the month following that in which such 13 member will attain age sixty; 14 (2) Beginning at age sixty, if the member has completed at least five but not more than 15 ten years of creditable service or at any later age after the member has completed at least five 16 years of creditable service. Unless subdivision (3) of this subsection shall be applicable, the 17 benefit as computed under subsection 1 of this section shall be reduced by one-half of one 18 percent for each full month the initial payment is prior to the first day of the month following that 19 in which such member will attain age sixty-five; or 20 (3) At any time after the member's total of age and years of creditable service equals or 21 exceeds eighty, in which event the benefit shall be as computed under subsection 1 of this section 22 without any reduction. If an election for early retirement results in a reduced benefit under 23 subdivision (1) or (2) of this subsection, such reduced benefit shall become the member's base 24 pension, subject to all other adjustments described in this section. 25 3. Tier II members may elect early retirement as follows: 26 (1) Beginning at age sixty-two, if the member has completed at least five years of 27 creditable service, the benefit as computed under subsection 1 of this section shall be reduced 28 by one-half of one percent for each full month the initial payment is prior to the first day of the 29 month following that in which such member will attain age sixty-seven; or 30 (2) At any time after the member has completed at least twenty years of creditable 31 service and is at least sixty-two years of age, in which event the benefit shall be as computed 32 under subsection 1 of this section without any reduction; or 33 (3) At any time after the member's total of age and years of creditable service equals or 34 exceeds eighty-five, in which event the benefit shall be as computed under subsection 1 of this 35 section without any reduction. If an election for early retirement results in a reduced benefit 36 under subdivision (1) of this subsection, such reduced benefit shall become the member's base 37 pension, subject to all other adjustments described in this section. HB 1434 49 38 4. (1) A member who is [married] a party to a contract of domestic union at the time 39 of retirement may by a written election, with the written consent of such member's spouse, elect 40 an optional benefit calculated as follows: such optional benefit shall be a monthly pension in the 41 initial amount which shall be actuarially equivalent to the actuarial value of the pension 42 described in subdivision (1) of subsection 1 of this section for such member at the date of 43 retirement (including the value of survivorship rights of a surviving spouse, where applicable, 44 under section 86.1610), upon the basis that the initial annuity for the member's spouse, if such 45 spouse survives the member, shall be the same as the amount being paid the member on such 46 annuity at the member's death, and, subject to cost-of-living adjustments thereafter declared on 47 the spouse's base pension under section 86.1590, shall be paid to such surviving spouse for the 48 lifetime of such spouse without regard to [remarriage] a new contract of domestic union. If 49 a member who makes an election of an optional benefit under this subsection has also elected 50 an early retirement under either subdivision (1) or (2) of subsection 2 of this section or 51 subdivision (1) of subsection 3 of this section, any reduction in benefit required for such early 52 retirement election shall be calculated before calculating the initial amount of the optional benefit 53 under this subsection. 54 (2) If a member who makes the election permitted by this subsection also makes an 55 election permitted under section 86.1580, such optional benefit shall be reduced as provided in 56 subdivision (3) of subsection 2 of section 86.1580. 57 (3) If a member makes the election permitted by this subsection, the amount calculated 58 for such optional benefit under either subdivision (1) or (2) of this subsection shall be the base 59 pension for such member and for such member's spouse for all purposes of sections 86.1310 to 60 86.1640. 61 (4) An election for an optional benefit under this subsection shall be void if the member 62 dies within thirty days after filing such election with the retirement system or if the member dies 63 before the due date of the first payment of such member's pension. 64 5. Subject to the provisions of subsection 7 of this section, whenever the service of a 65 member is terminated after August 28, 1999, for any reason prior to death or retirement and the 66 member has five or more years of creditable service, the member may elect not to withdraw such 67 member's accumulated contributions and shall become entitled to receive a pension upon such 68 member's normal retirement date under subdivision (1) of subsection 1 of this section or may 69 elect to receive a pension commencing upon or after any date, prior to his or her normal 70 retirement date, upon which early retirement would have been permitted under subsection 2 of 71 this section for Tier I members or subsection 3 of this section for Tier II members if such 72 member had remained a civilian employee of such police department, except that in calculating 73 any qualification under subsection 2 or 3 of this section, such member shall not be entitled to HB 1434 50 74 count any year of creditable service in excess of such member's total years of creditable service 75 at the time of such member's termination of employment. The amount of any pension 76 commenced upon the basis of a date permitted under subsection 2 or 3 of this section shall be 77 computed on the basis of the member's final compensation and number of years of creditable 78 service, subject to such adjustments as may be applicable under the subdivision of subsection 79 2 or 3 of this section upon which such member relies in electing such member's pension and 80 subject to any other adjustments that such member may elect under this section. The amount of 81 the initial pension calculated after all applicable adjustments shall be the base pension for such 82 member, and for such member's spouse if such member shall elect the optional benefit permitted 83 under subsection 4 of this section, for all purposes of sections 86.1310 to 86.1640. Payment of 84 any benefits elected under this subsection shall commence as of the first day of the month next 85 following the applicable date with no proration of such benefit for any initial partial month. 86 6. A member whose service was terminated on or before August 28, 1999, after five or 87 more years of creditable service, and who permitted such member's accumulated contributions 88 to remain in the pension fund, shall upon application to the retirement board be appointed as a 89 consultant. For services as such consultant, such member shall, beginning the later of August 90 28, 1999, or the time of such appointment under this subsection, be entitled to elect to receive 91 compensation in such amount and at such time as such member would have been entitled to elect 92 under any of the provisions of subsection 5 of this section if such member had terminated service 93 after August 28, 1999. Such member shall be entitled to the same cost-of-living adjustments 94 following the commencement of such compensation as if such member's compensation had been 95 a base pension. 96 7. Notwithstanding any other provisions of sections 86.1310 to 86.1640, any member 97 who is convicted of a felony prior to separation from active service shall not be entitled to any 98 benefit from this retirement system except the return of such member's accumulated 99 contributions. 86.1580. 1. Any member in active service entitled to commence a pension under section 2 86.1540 may elect an optional distribution under the partial lump sum option plan provided in 3 this section if the member: 4 (1) Notifies the retirement system in writing of the member's retirement date at least 5 ninety days in advance thereof and requests an explanation of the member's rights under this 6 section; and 7 (2) Notifies the retirement system of the member's election hereunder at least thirty days 8 in advance of the retirement date. Following receipt of an initial notice of a member's retirement 9 date and request for an explanation, the retirement system shall, at least sixty days in advance 10 of such retirement date, provide the member a written explanation of such member's rights under HB 1434 51 11 this section and an estimate of the amount by which the member's regular monthly base pension 12 would be reduced in the event of the member's election of any of the options available to the 13 member under this section. 14 2. (1) A member entitled to make an election under this section may elect to receive a 15 lump sum distribution with the member's initial monthly pension payment under section 86.1540, 16 subject to all the terms of this section. The member may elect the amount of the member's lump 17 sum distribution from one, but not more than one, of the following options for which the member 18 qualifies: 19 (a) A member having one or more years of creditable service after the member's eligible 20 retirement date may elect a lump sum amount equal to twelve times the initial monthly base 21 pension the member would receive if no election were made under this section; 22 (b) A member having two or more years of creditable service after the member's eligible 23 retirement date may elect a lump sum amount equal to twenty-four times the initial monthly base 24 pension the member would receive if no election were made under this section; or 25 (c) A member having three or more years of creditable service after the member's eligible 26 retirement date may elect a lump sum amount equal to thirty-six times the initial monthly base 27 pension the member would receive if no election were made under this section. For purposes 28 of this section, "eligible retirement date" for a member shall mean the earliest date on which the 29 member could elect to retire and be entitled to receive a pension under section 86.1540. 30 (2) When a member makes an election to receive a lump sum distribution under this 31 section, the base pension that the member would have received in the absence of an election shall 32 be reduced on an actuarially equivalent basis to reflect the payment of the lump sum distribution, 33 and the reduced base pension shall be the member's base pension thereafter for all purposes 34 relating to base pension amounts under sections 86.1310 to 86.1640, unless the member has also 35 elected an optional benefit permitted under subsection 4 of section 86.1540. 36 (3) If a member electing a lump sum distribution under this section has elected the 37 optional benefit permitted under subsection 4 of section 86.1540, the calculation of the member's 38 pension shall be made in the following order: 39 (a) The amount of the member's normal pension under subdivision (1) of subsection 1 40 of section 86.1540 shall be reduced if applicable by any reductions required under subsection 2 41 or 3 of section 86.1540; 42 (b) The amount of the pension as determined under paragraph (a) of this subdivision 43 shall be reduced to the actuarially equivalent amount to produce the optional form of benefit 44 described in subdivision (1) of subsection 4 of section 86.1540; 45 (c) The amount of reduced pension as determined under paragraph (b) of this subdivision 46 shall be further reduced as required to produce an actuarially equivalent benefit in the form of HB 1434 52 47 the lump sum distribution option elected under this section and a remaining monthly annuity 48 which shall be paid on the basis that the initial annuity for the member's spouse, if such spouse 49 survives the member, shall be the same as the amount being paid the member on this annuity at 50 the member's death, and, subject to cost-of-living adjustments thereafter declared on the spouse's 51 base pension under section 86.1590, shall be paid to such surviving spouse for the lifetime of 52 such spouse without regard to [remarriage] a new contract of domestic union. 53 3. An election under this section to receive a lump sum distribution and reduced monthly 54 base pension shall be void if the member dies before retirement, in which case amounts due a 55 surviving spouse or other beneficiary of the member shall be determined without regard to such 56 election. 86.1610. 1. Upon receipt of the proper proofs of death of a member in service for any 2 reason whatsoever, the following amounts shall be payable subject to subsection 4 of this 3 section, and if a pension shall be elected, the initial amount thereof shall be the base pension for 4 such surviving spouse: 5 (1) If the member has less than five years of creditable service, the member's surviving 6 spouse shall be paid, in one lump sum, the amount of the member's accumulated contributions. 7 If there is no surviving spouse, the member's accumulated contributions shall be paid as provided 8 in subsection 6 of section 86.1420; 9 (2) If the member has at least five but fewer than twenty years of creditable service, the 10 member's surviving spouse may elect the lump sum settlement in subdivision (1) of this 11 subsection or a pension. Such pension shall be fifty percent of the member's accrued pension at 12 date of death as computed in subdivision (1) of subsection 1 of section 86.1540, commencing 13 as provided in subsection 3 of section 86.1420; 14 (3) If the member has at least twenty years of creditable service, the member's surviving 15 spouse may elect any one of: 16 (a) The lump sum settlement in subdivision (1) of this subsection; 17 (b) The pension as computed in subdivision (2) of this subsection; or 18 (c) A pension in the monthly amount determined on a joint and survivor's basis from the 19 actuarial value of the member's accrued annuity at date of death; 20 (4) Any death of a retired member occurring before the first payment of the retirement 21 pension shall be deemed to be a death prior to retirement; 22 (5) For the surviving spouse of a member who died in service after August 28, 2001, 23 benefits payable under subsection 1 of this section shall continue for the lifetime of such 24 surviving spouse without regard to [remarriage] a new contract of domestic union. 25 2. Upon death of a member after retirement who has not elected the optional annuity 26 permitted under subsection 4 of section 86.1540, the surviving spouse shall receive a base HB 1434 53 27 pension payable for life, equaling fifty percent of the member's base pension, as of the member's 28 retirement date, subject to the following: 29 (1) No surviving spouse of a member who retires after August 28, 2001, shall be entitled 30 to receive any benefits under sections 86.1310 to 86.1640 unless such spouse was [married to] 31 a party to a contract of domestic union with the member at the time of the member's 32 retirement; and 33 (2) Any surviving spouse who was [married to] a party to a contract of domestic union 34 with such a member at the time of the member's retirement shall be entitled to all benefits for 35 surviving spouses under sections 86.1310 to 86.1640 for the life of such surviving spouse 36 without regard to [remarriage] a new contract of domestic union. 37 3. In the case of any member who, prior to August 28, 2001, died in service or retired, 38 the surviving spouse who would qualify for benefits under subsection 1 or 2 of this section but 39 for [remarriage] a new contract of domestic union, and has not [remarried] become a party 40 to a new contract of domestic union prior to August 28, 2001, but [remarries] becomes a party 41 to a new contract of domestic union thereafter, shall upon application be appointed by the 42 retirement board as a consultant. For services as such consultant, such surviving spouse shall 43 be compensated in an amount equal to the benefits such spouse would have received under 44 sections 86.1310 to 86.1640 in the absence of such [remarriage] contract of domestic union. 45 4. Any beneficiary of benefits under sections 86.1310 to 86.1640 who becomes the 46 surviving spouse of more than one member shall be paid all benefits due a surviving spouse of 47 that member whose entitlements produce the largest surviving spouse benefits for such 48 beneficiary but shall not be paid surviving spouse benefits as the surviving spouse of more than 49 one member, except that any surviving spouse for whom an election has been made for an 50 optional benefit under subsection 4 of section 86.1540 shall be entitled to every optional benefit 51 for which such surviving spouse has so contracted. 87.045. 1. If any member of the fire department of any such city, village or incorporated 2 town shall become and be found, upon an examination by a medical officer designated by the 3 board of trustees, to be physically or mentally incapacitated for duty as the result of an accident 4 occurring while in the actual performance of duty or exposure while in the actual performance 5 of duty, and if the medical officer certifies that the member is mentally or physically 6 incapacitated for further performance of duty and that such incapacity is likely to be permanent, 7 and that the member should be retired, the board of trustees shall retire such disabled member 8 from service in the fire department. Upon such retirement the board of trustees shall order the 9 payment to such disabled member, monthly, from the pension fund, a sum equal to fifty percent 10 of the average monthly salary of said member during the twelve months immediately preceding 11 the effective date of his retirement. HB 1434 54 12 2. Upon application, any member of the fire department who has made regular and 13 periodic payments into the pension fund for a period of five years or more shall be retired by the 14 board of trustees, not less than thirty days nor more than ninety days next following the date of 15 filing the application, on a disability pension, provided a medical officer designated by the board 16 of trustees, after a medical examination of the member, shall certify that such member is 17 mentally or physically incapacitated for the further performance of duty, that such incapacity is 18 likely to be permanent, and that such member should be retired. Upon such retirement the board 19 of trustees shall order the payment to such disabled member, monthly, from the pension fund, 20 a sum equal to twenty-five percent of the average monthly salary said member was receiving 21 during the twelve months immediately preceding the effective date of his or her retirement. In 22 addition there shall also be paid a sum equal to five percent of the said average monthly salary 23 the member was receiving at the time of his or her retirement for each [unmarried] dependent 24 child who is not a party to a contract of domestic union under the age of eighteen, and each 25 [unmarried] child who is not a party to a contract of domestic union, regardless of age, who 26 is totally and permanently mentally or physically incapacitated from engaging in gainful 27 employment sufficiently remunerative to support himself or herself. Such additional sum shall 28 not be paid to or for more than three eligible children, and if there are more than three eligible 29 children, then payments shall be made for the three youngest eligible children, and further 30 provided that no benefits under this section shall be paid to or for any child or children over 31 eighteen years of age who are totally and permanently mentally or physically incapacitated if 32 such child is a patient or ward in a publicly supported institution, and no benefits shall be paid 33 under this section to or for any child born or adopted after the effective date of the member's 34 disability retirement. 87.050. 1. If any member shall be killed or die while in the performance of his or her 2 duty or as the result of any injury received in the line of duty, or of any disease contracted by 3 reason of his or her occupation, or shall die from any cause whatever while a member of said 4 fire department, or shall die while receiving a disability or service pension, and shall leave a 5 widow or child or children under the age of eighteen years surviving, said board of trustees shall 6 order and direct the payment from the pension fund, monthly, to such widow, a sum equal to not 7 less than twenty percent of the monthly compensation allowed a first class fireman of the fire 8 department as salary at the date of the death of the member or seventy-five dollars, whichever 9 is greater; and to or for the benefit of each child until it reaches the age of eighteen, a sum equal 10 to not less than five percent of the monthly compensation allowed a first class fireman of the fire 11 department as salary at the date of the death of the member; and to or for each [unmarried] child 12 who is not a party to a contract of domestic union, regardless of age, who is totally and 13 permanently mentally or physically incapacitated from engaging in gainful employment HB 1434 55 14 sufficiently remunerative to support himself or herself, a sum equal to five percent of the 15 monthly compensation allowed a first class fireman of the fire department as salary at the date 16 of the death of the member; provided that no benefits shall be paid to or for any child over 17 eighteen years of age who is totally and permanently mentally or physically disabled or 18 incapacitated if such child is a patient or ward in a publicly supported institution. In the case of 19 widows, payments shall be made only to those widows whose [marriage to] contract of 20 domestic union with the member occurred prior to his or her retirement on disability or service 21 pension, and shall be made only while said widow is [unmarried] not a party to a new contract 22 of domestic union and are to cease forever immediately upon [remarriage] a new contract of 23 domestic union. In the case of children no payments shall be made to or for any child born or 24 adopted after the effective date of the member's retirement on disability or service pension, or 25 the date of his or her death, and payments shall not be made for more than three eligible children 26 and, if there are more than three eligible children, payments shall be made for the three youngest 27 eligible children. If the member who dies is a member of a volunteer department, the amount 28 to be paid monthly to his or her widow and children aforesaid shall be fixed by the board of 29 trustees. 30 2. Any widow who is receiving survivors' pension benefits under the provisions of this 31 section as it existed at any time prior to August 13, 1982, upon application to the board of 32 trustees, shall be employed by the board as a special consultant on the problems of retirement, 33 aging, and other pension system matters for the remainder of his or her life and upon request of 34 the board shall give opinions in writing or orally, as may be requested, and for such services shall 35 be compensated monthly in an amount equal to the difference between the amount of the 36 monthly pension benefit the widow is receiving for himself or herself and seventy-five dollars. 37 This compensation shall be consolidated with the pension benefits the widow is receiving and 38 shall be paid out of the same fund as are such benefits. Employment as a special consultant shall 39 in no way affect any widow's eligibility for survivors' pension benefits or in any way have the 40 effect of reducing such benefits, other provisions of law to the contrary notwithstanding. 87.195. 1. Upon retirement for ordinary disability, a member shall receive a service 2 retirement allowance if he or she has twenty years or more of creditable service; otherwise he 3 or she shall receive an ordinary disability retirement allowance which shall be the larger of: 4 (1) Ninety percent of a service retirement allowance based on his or her creditable 5 service and calculated the date of disability retirement, or 6 (2) One-fourth of his average final compensation, except that such allowance shall not 7 exceed ninety percent of the service retirement allowance based on his or her creditable service 8 and calculated at the date of disability retirement. HB 1434 56 9 2. In addition to whichever of the allowances the member shall receive for retirement 10 for ordinary disability, there shall be paid to him or her an additional allowance of ten percent 11 of his or her average final compensation for each [unmarried] dependent child who is not a 12 party to a contract of domestic union under the age of eighteen and each [unmarried] child 13 who is not a party to a contract of domestic union, regardless of age, who is totally and 14 permanently mentally or physically incapacitated from engaging in gainful employment 15 sufficiently remunerative to support himself or herself, but such additional allowance shall not 16 be paid on more than three children. 17 3. No benefits under this section shall be paid to a child over eighteen years of age who 18 is totally and permanently mentally or physically disabled and incapacitated if such child is a 19 patient or ward in a publicly supported institution. 87.220. 1. Upon the receipt of proper proofs of the death of a member who retired while 2 in service, including retirement for service, ordinary disability or accidental disability, prior to 3 September 28, 1983, and provided no other benefits are payable, there shall be paid the following 4 benefits: 5 (1) A retirement allowance to all widows during their widowhood of fifty percent of the 6 deceased member's average final compensation or two hundred dollars per month, whichever is 7 greater, plus ten percent of such compensation to or for the benefit of each [unmarried] 8 dependent child who is not a party to a contract of domestic union of the deceased member 9 who is either under age eighteen or who is totally and permanently mentally or physically 10 incapacitated regardless of age, but not in excess of three children, including both classes, and 11 paid as the board of trustees in its discretion shall direct; 12 (2) If no widow benefits are payable pursuant to subdivision (1) of this subsection, such 13 total allowance as would have been paid, had there been a widow, shall be divided among the 14 [unmarried] dependent children who are not parties to a contract of domestic union under age 15 eighteen and such [unmarried] children who are not parties to a contract of domestic union, 16 regardless of age, who are totally and permanently mentally or physically incapacitated, and paid, 17 to or for the benefit of such children, as the board of trustees in its discretion shall direct; 18 (3) Any benefit payable to, or for the benefit of, a child or children under the age of 19 eighteen years pursuant to subdivisions (1) and (2) of this section shall be paid beyond the age 20 of eighteen years through the age of twenty-five years in such cases where the child is a full-time 21 student at a regularly accredited college, business school, nursing school, school for technical 22 or vocational training or university, but such benefit shall cease whenever the child ceases to be 23 a student. A college or university shall be deemed to be regularly accredited which maintains 24 membership in good standing in a national or regional accrediting agency recognized by any state 25 college or university. HB 1434 57 26 2. Upon the receipt of proper proofs of the death of a member in service or who retired 27 while in service, including retirement for service, ordinary disability or accidental disability, after 28 September 28, 1983, and provided no other benefits are payable, there shall be paid the following 29 benefits: 30 (1) A retirement allowance to all widows during their widowhood of twenty-five percent 31 of the deceased member's average final compensation or two hundred dollars per month, 32 whichever is greater, plus ten percent of such compensation to or for the benefit of each 33 [unmarried] dependent child who is not a party to a contract of domestic union of the 34 deceased member who is either under age eighteen or who is totally and permanently mentally 35 or physically incapacitated regardless of age, but not in excess of three children, including both 36 classes, and paid as the board of trustees in its discretion shall direct; 37 (2) If no widow's benefits are payable pursuant to subdivision (1) of this subsection, such 38 total allowance as would have been paid, had there been a widow, shall be divided among the 39 [unmarried] dependent children who are not parties to a contract of domestic union under age 40 eighteen and such [unmarried] children who are not parties to a contract of domestic union, 41 regardless of age, who are totally and permanently mentally or physically incapacitated, and paid 42 to or for the benefit of such children, as the board of trustees in its discretion shall direct; 43 (3) Any benefit payable to, or for the benefit of, a child or children under the age of 44 eighteen years pursuant to subdivisions (1) and (2) of this section shall be paid beyond the age 45 of eighteen years through the age of twenty-five years in such cases where the child is a full-time 46 student at a regularly accredited college, business school, nursing school, school for technical 47 or vocational training or university, but such benefit shall cease whenever the child ceases to be 48 a student. A college or university shall be deemed to be regularly accredited which maintains 49 membership in good standing in a national or regional accrediting agency recognized by any state 50 college or university. 87.235. 1. Effective May 1, 2002, upon the receipt of evidence and proof that the death 2 of a member was the result of an accident or exposure at any time or place, provided that at such 3 time or place the member was in the actual performance of the member's duty and, in the case 4 of an exposure, while in response to an emergency call, or was acting pursuant to orders, there 5 shall be paid in lieu of all other benefits the following benefits: 6 (1) A retirement allowance to the widow during the person's widowhood of seventy 7 percent of the pay then provided by law for the highest step in the range of salary for the next 8 title or next rank above the member's range or title held at the time of the member's death, plus 9 ten percent of such compensation to or for the benefit of each [unmarried] dependent child who 10 is not a party to a contract of domestic union of the deceased member, who is either under the 11 age of eighteen, or who is totally and permanently mentally or physically disabled and HB 1434 58 12 incapacitated, regardless of age, but not in excess of a total of three children, including both 13 classes, and paid as the board of trustees in its discretion directs; 14 (2) If no widow benefits are payable pursuant to subdivision (1) of this subsection, such 15 total allowance as would have been paid had there been a widow shall be divided among the 16 [unmarried] dependent children who are not parties to a contract of domestic union under the 17 age of eighteen and such [unmarried] children who are not parties to a contract of domestic 18 union, regardless of age, who are totally and permanently mentally or physically disabled and 19 incapacitated, and paid to or for the benefit of such children as the board of trustees in its 20 discretion shall direct; 21 (3) If there is no widow, or child under the age of eighteen years, or child, regardless of 22 age, who is totally and permanently mentally or physically disabled and incapacitated, then an 23 amount equal to the widow's benefit shall be paid to the member's dependent father or dependent 24 mother, as the board of trustees shall direct, to continue until [remarriage] a new contract of 25 domestic union or death; 26 (4) Any benefit payable to, or for the benefit of, a child or children under the age of 27 eighteen years pursuant to subdivisions (1) and (2) of this [section] subsection shall be paid 28 beyond the age of eighteen years through the age of twenty-five years in such cases where the 29 child is a full-time student at a regularly accredited college, business school, nursing school, 30 school for technical or vocational training or university, but such benefit shall cease whenever 31 the child ceases to be a student. A college or university shall be deemed to be regularly 32 accredited which maintains membership in good standing in a national or regional accrediting 33 agency recognized by any state college or university. 34 2. No benefits pursuant to this section shall be paid to a child over eighteen years of age 35 who is totally and permanently mentally or physically disabled and incapacitated, if such child 36 is a patient or ward in a public-supported institution. 37 3. Wherever any dependent child designated by the board of trustees to receive benefits 38 pursuant to this section is in the care of the widow of the deceased member, the child's benefits 39 may be paid to the widow for the child. 87.440. If any member of such fire department shall die after having been retired and 2 pensioned by reason of injuries sustained or disease contracted while serving as a member of the 3 department, his or her widow, provided their [marriage] contract of domestic union shall have 4 occurred prior to such retirement, and children under sixteen years of age, if any, shall be paid 5 monthly out of the pension fund such sum of money as may be determined by the rules and 6 regulations provided for the management of said funds. If there be no widow, or if such widow 7 die while [unmarried] not a party to a new contract of domestic union, the amount of his or 8 her said benefit may be added to the said benefits for such children. HB 1434 59 87.445. If any member of such fire department shall, while in the performance of his or 2 her duty, be killed or die as the result of an injury received in the line of his or her duty, or of 3 any disease contracted by reason of his or her occupation as fireman, or shall die from any cause 4 whatever while in such service, and shall leave a widow, or child or children under the age of 5 sixteen years, surviving, said board of trustees shall direct the payment from said pension fund 6 monthly to such widow, while [unmarried] not a party to a new contract of domestic union, 7 such sum of money as may be determined by the rules and regulations provided for the 8 management of such funds, and said board shall also direct the payment out of said pension fund 9 for each child until it reaches the age of sixteen years such sum of money as may be determined 10 by said rules and regulations, and in case the party suffering such disability is a member of the 11 volunteer department, the amount to be paid monthly to his or her widow and children aforesaid 12 shall be fixed by said board of trustees. If there [be] is no widow, or if such widow [die] dies 13 while [unmarried] not a party to a new contract of domestic union, the amount of his or her 14 said benefits may be added to the said benefits for such children. If any member of the fire 15 department shall die from any cause while a member of such department, but not while in the 16 service thereof, if he [be married] is a party to a contract of domestic union, his or her widow 17 and children shall receive from the pension fund the same benefits as are payable from the 18 pension fund in other cases, and if he [be unmarried] is not a party to a contract of domestic 19 union, his or her dependent father, mother, brothers, and sisters shall receive from the pension 20 fund the same benefits as are payable from said fund in other cases. 87.450. If any member of such fire department being single and [unmarried] not a party 2 to a contract of domestic union shall, while in the performance of his or her duty, be killed, 3 or die, as the result of an injury received, or shall die of any disease contracted by reason of his 4 or her occupation as fireman, or shall die from any cause whatever while in said service, and 5 shall leave a father or mother who are dependent upon him or her for support, or a brother or 6 sister under the age of sixteen years so dependent, said board of trustees shall direct the payment 7 from the pension fund monthly to such dependent parents or the survivor thereof and to each 8 such dependent brother or sister under sixteen years of age, such sum of money as may be 9 determined by the rules and regulations of said board; provided, that the board of trustees shall 10 also have the power to make provision for any such dependent brother or sister over the age of 11 sixteen years who may be mentally deficient or physically incapacitated, in such sum as the board 12 my determine, and the board shall have the sole power to determine who is mentally deficient 13 or physically incapacitated. 87.455. Any member of the fire department of any such city having served twenty years 2 or more in such fire department, of which the last two years shall have been continuous, may 3 have application to be relieved from such fire department and retired; and if his or her HB 1434 60 4 application is granted, or if he or she shall be discharged from such department, the said board 5 of trustees shall order and direct that said person shall be paid out of the pension fund monthly 6 such sum of money as may be determined by the rules and regulations provided for the 7 management of said funds; and if he [be] or she is a member of the volunteer fire department 8 and not under pay, such amount monthly as may be fixed by the board of trustees. After the 9 decease of such member, his or her widow, provided their [marriage] contract of a domestic 10 union shall have occurred prior to such retirement, and his or her children under the age of 11 sixteen years, if any, shall be paid out of the pension fund such sum of money as may be 12 determined by said rules and regulations. If there be no widow, or if such widow die while 13 [unmarried] not a party to a new domestic union, the amount of his or her said benefit may 14 be added to the said benefits for such children. If such member be discharged from the 15 department by reason of age, or if he [be] or she is found permanently disabled by reason of 16 service in such department, his or her payment shall be made out of the pension fund. If any 17 retired or pensioned member reenters the service of the department his or her payments shall 18 abate during such service. 87.615. 1. Any firefighter who has retired or who retires and was not or is not a member 2 of the retirement system governed by sections 70.600 to 70.755 and any beneficiary of any such 3 firefighter shall, upon application to any city with a population of at least seventy thousand 4 located in a county of the first classification without a charter form of government, be made, 5 constitutionally appointed, and employed by the city as a special consultant on the problems of 6 retirement and upon request of the city council, shall give opinions and be available to give 7 opinions in writing or orally in response to requests of the city council. As compensation for the 8 services required by this section, the city may directly compensate the retired firefighter or 9 beneficiary thereof in an amount established by ordinance of the city. Such amount of additional 10 compensation may be paid directly by the city to each qualified retiree or beneficiary and shall 11 not be considered employer contributions to the local government retirement system nor benefits 12 paid therefrom. 13 2. Notwithstanding any other law to the contrary, beginning August 29, 2001, any 14 beneficiary of a firefighter who had retired or who retires and was not or is not a member of the 15 retirement system governed by sections 70.600 to 70.755 shall upon application to any city with 16 a population of at least seventy thousand located in a county of the first classification without 17 a charter form of government, be made, constitutionally appointed, and employed by the city as 18 a special consultant on the problems of retirement and upon request of the city council, shall give 19 opinions and be available to give opinions in writing or orally in response to request of the city 20 council. As compensation for the services required by this section, the city may directly 21 compensate the beneficiary thereof by continuing the death benefit payment upon [remarriage] HB 1434 61 22 a new contract of domestic union of the beneficiary. Such amount of compensation may be 23 paid directly by the city to each qualifying special consultant and shall not be considered 24 employer contributions to the local government employees retirement system nor benefits paid 25 therefrom. 88.080. 1. In all cases where the proper authorities in any city in this state have graded 2 or regraded, or may hereafter grade or change the grade or lines of any street or alley, or in any 3 way alter or enlarge the same, or construct any public improvement, thereby causing damage to 4 private property for public use, within the meaning of section 26 of article I of the state 5 constitution, without the consent of the owner of such property, or in case they fail to agree with 6 the owner thereof for the proper compensation for the damages so done, or likely to be done or 7 sustained by reason thereof, or if by reason of the legal incapacity of such owner, no such 8 compensation can be agreed upon, the circuit court having jurisdiction over the territory 9 embraced in such city on application by petition, either by the city authorities or the owner of the 10 property for which damage is claimed, or any one on behalf of either, shall appoint three 11 disinterested residents of such city, who shall meet upon the premises at a time by them to be 12 appointed, of which they shall give personal notice to the owners, or their agents, of the land 13 affected, if they can be found, as well as five days' notice by advertisement in the newspaper 14 doing the city printing; and the commissioners, having first been duly sworn to perform their 15 duties justly and impartially, and a true report to make, shall view the street or alley or 16 improvement and premises affected by the change or enlargement or construction thereof, having 17 due regard to and making just allowances for the advantages which have resulted or which may 18 seem likely to result to the owner or owners of property for which damages may be allowed or 19 claimed, and after such comparison shall estimate and determine whether any, and if any, how 20 much damages such property may have sustained, or seems likely to sustain by reason thereof, 21 and make report of the same, and if no exceptions be filed within ten days thereafter, or in the 22 event exceptions are filed and overruled, the court shall confirm the report and enter judgment 23 thereon with costs, from which judgment either or any party shall be entitled to an appeal or writ 24 of error, as in other cases. 25 2. If the proceedings seek to affect the lands of persons under conservatorship, the 26 conservators must be made parties; if the lands of [married persons] parties to a contract of 27 domestic union, their spouses must be made parties; if the possessor of lands to be affected has 28 an estate less than a fee, the person having the next vested estate in remainder or reversion must, 29 if known, be made a party. It shall not be necessary to make any persons parties in respect to 30 their ownership unless they are in actual possession of the premises to be affected, or have a title 31 to the premises appearing of record. HB 1434 62 32 3. The petition shall set forth the general nature of the work or improvement causing 33 damage to private property for public use as aforesaid, together with all the facts necessary to 34 give the court jurisdiction in the premises, the names of the owners of the several lots or parcels 35 of land to be affected thereby, if known, or if unknown, a correct description of the parcels 36 whose owners are unknown. The petition may be presented to the circuit court. 37 4. Upon filing the petition a summons shall be issued, giving the defendants at least ten 38 days' notice of the time when the petition will be heard, which summons shall be served in the 39 same manner as writs of summons are or may be by law required to be served. If the name or 40 residence of the defendants, or any of them, be unknown, or if they, or any of them, do not reside 41 within the state, notice of the time of hearing the petition, reciting the substance of the petition, 42 and the day fixed for the hearing thereof, shall be given by publication for four weeks 43 consecutively prior to the time of the hearing of the petition, in the papers doing the city printing, 44 and the court on being satisfied that due notice of the pending of the petition has been given, 45 shall make the above appointment of commissioners. 46 5. The city authorities shall, before the filing of such petition, define by ordinance the 47 limits within which private property is deemed benefitted by the change, enlargement, grading, 48 regrading or improvement aforesaid, and the owners of the private property within such limits 49 shall be made parties defendants, as provided in this section, and served with notice and process 50 as provided in this section. 89.020. 1. For the purpose of promoting health, safety, morals or the general welfare of 2 the community, the legislative body of all cities, towns, and villages is hereby empowered to 3 regulate and restrict the height, number of stories, and size of buildings and other structures, the 4 percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the 5 density of population, the preservation of features of historical significance, and the location and 6 use of buildings, structures and land for trade, industry, residence or other purposes. 7 2. For the purpose of any zoning law, ordinance or code, the classification single family 8 dwelling or single family residence shall include any home in which eight or fewer unrelated 9 mentally or physically handicapped persons reside, and may include two additional persons 10 acting as houseparents or guardians who need not be related to each other or to any of the 11 mentally or physically handicapped persons residing in the home. In the case of any such 12 residential home for mentally or physically handicapped persons, the local zoning authority may 13 require that the exterior appearance of the home and property be in reasonable conformance with 14 the general neighborhood standards. Further, the local zoning authority may establish reasonable 15 standards regarding the density of such individual homes in any specific single family dwelling 16 neighborhood. HB 1434 63 17 3. No person or entity shall contract or enter into a contract which would restrict group 18 homes or their location as described in this section from and after September 28, 1985. 19 4. Any county, city, town or village which has a population of at least five hundred and 20 whose boundaries are partially contiguous with a portion of a lake with a shoreline of at least one 21 hundred fifty miles shall have the authority to enforce its zoning laws, ordinances or codes for 22 one hundred yards beyond the shoreline which is adjacent to its boundaries. In the event that a 23 lake is not large enough to allow any county, city, town or village to enforce its zoning laws, 24 ordinances or codes for one hundred yards beyond the shoreline without encroaching on the 25 enforcement powers granted another county, city, town or village under this subsection, the 26 counties, cities, towns and villages whose boundaries are partially contiguous to such lake shall 27 enforce their zoning laws, ordinances or orders under this subsection pursuant to an agreement 28 entered into by such counties, cities, towns and villages. 29 5. Should a single family dwelling or single family residence as [defined] described in 30 subsection 2 of this section cease to operate for the purpose as set forth in subsection 2 of this 31 section, any other use of such home, other than allowed by local zoning restrictions, must be 32 approved by the local zoning authority. 33 6. For purposes of any zoning law, ordinance or code the classification of single family 34 dwelling or single family residence shall include any private residence licensed by the children's 35 division or department of mental health to provide foster care to one or more but less than seven 36 children who are unrelated to either foster parent by blood, [marriage] a contract of a domestic 37 union, or adoption. Nothing in this subsection shall be construed to relieve the children's 38 division, the department of mental health or any other person, firm or corporation occupying or 39 utilizing any single family dwelling or single family residence for the purposes specified in this 40 subsection from compliance with any ordinance or regulation relating to occupancy permits 41 except as to number and relationship of occupants or from compliance with any building or 42 safety code applicable to actual use of such single family dwelling or single family residence. 43 7. Any city, town, or village that is granted zoning powers under this section and is 44 located within a county that has adopted zoning regulations under chapter 64 may enact an 45 ordinance to adopt by reference the zoning regulations of such county in lieu of adopting its own 46 zoning regulations. 104.012. For the purposes of public retirement systems administered pursuant to this 2 chapter, any reference to the term "spouse" [only] recognizes [marriage between a man and a 3 woman] a party to a contract of domestic union. 104.090. 1. The normal annuity of a member shall equal one and six-tenths percent of 2 the average compensation of the member multiplied by the number of years of creditable service HB 1434 64 3 of such member. In addition, the normal annuity of a uniformed member of the patrol shall be 4 increased by thirty-three and one-third percent. 5 2. In addition, a uniformed member of the highway patrol who is retiring with a normal 6 annuity after attaining normal retirement age shall receive an additional sum of ninety dollars per 7 month as a contribution by the system until such member attains the age of sixty-five years, when 8 such contribution shall cease. To qualify for the contribution provided in this subsection by the 9 system, the retired uniformed member of the highway patrol is made, constituted, appointed and 10 employed by the board as a special consultant on the problems of retirement, aging and other 11 state matters. Such additional contribution shall be reduced each month by such amount earned 12 by the retired uniformed member of the highway patrol in gainful employment. In order to 13 qualify for the additional contribution provided in this subsection, the retired uniformed member 14 of the highway patrol shall have been: 15 (1) Hired by the Missouri state highway patrol prior to January 1, 1995; and 16 (2) Employed by the Missouri state highway patrol or receiving long-term disability or 17 work-related disability benefits on the day before the effective date of the member's retirement. 18 3. In lieu of the annuity payable to the member pursuant to section 104.100, a member 19 whose age at retirement is forty-eight or more may elect in the member's application for 20 retirement to receive one of the following: 21 Option 1. An actuarial reduction approved by the board of the member's annuity in 22 reduced monthly payments for life during retirement with the provision that upon the member's 23 death the reduced annuity at date of death shall be continued throughout the life of, and be paid 24 to, the member's spouse; or 25 Option 2. The member's normal annuity in regular monthly payments for life during 26 retirement with the provision that upon the member's death a survivor's benefit equal to one-half 27 the member's normal annuity at date of death shall be paid to the member's spouse in regular 28 monthly payments for life; or 29 Option 3. An actuarial reduction approved by the board of the member's normal annuity 30 in reduced monthly payments for the member's life with the provision that if the member dies 31 prior to the member's having received one hundred twenty monthly payments of the member's 32 reduced annuity, the member's reduced allowance to which the member would have been entitled 33 had the member lived shall be paid for the remainder of the one hundred twenty-month period 34 to such beneficiary as the member shall have nominated by written designation duly executed 35 and filed with the board. If there is no beneficiary surviving the retiree, the reserve for such 36 allowance for the remainder of such one hundred twenty-month period shall be paid to the 37 retiree's estate; or HB 1434 65 38 Option 4. An actuarial reduction approved by the board of the member's normal annuity 39 in reduced monthly payments for the member's life with the provision that if the member dies 40 prior to the member having received sixty monthly payments of the member's reduced annuity, 41 the member's reduced allowance to which the member would have been entitled had the member 42 lived shall be paid for the remainder of the sixty-month period to such beneficiary as the member 43 shall have nominated by written designation duly executed and filed with the board. If there is 44 no beneficiary surviving the retiree, the reserve for such allowance for the remainder of such 45 sixty-month period shall be paid to the retiree's estate. 46 4. The election may be made only in the application for retirement, and such application 47 shall be filed at least thirty days but not more than ninety days prior to the date on which the 48 retirement of the member is to be effective, provided that if either the member or the spouse 49 nominated to receive the survivorship payment dies before the effective date of retirement, the 50 election shall not be effective. If after the reduced annuity commences, the spouse predeceases 51 the retired member, the reduced annuity continues to the retired member during the member's 52 lifetime. 53 5. Effective July 1, 2000, a member may make an election under option 1 or 2 after the 54 date retirement benefits are initiated if the member makes the election within one year from the 55 date of [marriage] a contract of domestic union or July 1, 2000, whichever is later, under any 56 of the following circumstances: 57 (1) The member elected to receive a normal annuity and was not eligible to elect option 58 1 or 2 on the date retirement benefits were initiated; or 59 (2) The member's annuity reverted to a normal annuity pursuant to subsection 8 of 60 section 104.103 and the member [remarried] became a party to a new contract of domestic 61 union; or 62 (3) The member elected option 1 or 2 but the member's spouse at the time of retirement 63 has died and the member has [remarried] become a party to a new contract of domestic union. 64 6. Any person who terminates employment or retires prior to July 1, 2000, shall be made, 65 constituted, appointed and employed by the board as a special consultant on the problems of 66 retirement, aging and other state matters, and for such services shall be eligible to elect to receive 67 the benefits described in subsection 5 of this section. 68 7. For retirement applications filed on or after August 28, 2004, the beneficiary for either 69 option 1 or option 2 of subsection 3 of this section shall be the member's spouse at the time of 70 retirement. If the member's [marriage] contract of domestic union ends after retirement as a 71 result of a dissolution of [marriage] a contract of domestic union, such dissolution shall not 72 affect the option election and the former spouse shall continue to be eligible to receive survivor 73 benefits upon death of the member. HB 1434 66 74 8. Any application for retirement shall only become effective on the first day of the 75 month. 104.140. 1. (1) If a member who has five or more years of creditable service dies before 2 retirement, the member's surviving spouse, [to] with whom the member was [married] a party 3 to a contract of domestic union on the date of the member's death, if any, shall receive the 4 reduced survivorship benefits provided in option 1 of subsection 3 of section 104.090 calculated 5 as if the member were of normal retirement age and had retired as of the date of the member's 6 death and had elected option 1. 7 (2) If there is no eligible surviving spouse, or when a spouse's annuity has ceased to be 8 payable, the member's eligible surviving children under twenty-one years of age shall receive 9 monthly, in equal shares, an amount equal to eighty percent of the member's accrued annuity 10 calculated as if the member were of normal retirement age and retired as of the date of death. 11 Benefits otherwise payable to a child under eighteen years of age shall be payable to the 12 surviving parent as natural guardian of such child if such parent has custody or assumes custody 13 of such minor child, or to the legal conservator of such child, until such child attains age 14 eighteen, and thereafter, the benefit may be paid to the child until age twenty-one; provided, the 15 age twenty-one maximum shall be extended for any child who has been found totally 16 incapacitated by a court of competent jurisdiction. 17 (3) No benefit is payable pursuant to this section if no eligible surviving spouse or 18 children under twenty-one years of age survive the member. Benefits cease pursuant to this 19 section when there is no eligible surviving beneficiary through either death of the eligible 20 surviving spouse or through either death or the attainment of twenty-one years of age by the 21 eligible surviving children. If the member's surviving children are receiving equal shares of the 22 benefit described in subdivision (2) of this subsection, and one or more of such children become 23 ineligible by reason of death or the attainment of twenty-one years of age, the benefit shall be 24 reallocated so that the remaining eligible children receive equal shares of the total benefit as 25 described in subdivision (2) of this subsection. 26 2. Effective January 1, 1985, if an employee who has three or more, but less than five 27 years of creditable service dies before retirement, the surviving spouse of the deceased employee, 28 if [married to] a party to a contract of domestic union with the deceased employee on the date 29 of the employee's death, or the deceased employee's surviving eligible children under the age of 30 twenty-one, shall receive a total monthly payment equal to twenty-five percent of the deceased 31 employee's accrued monthly benefit calculated as if the employee were of normal retirement age 32 as of the date of death. If the surviving spouse dies leaving any eligible children under the age 33 of twenty-one years, the payment shall continue until the children reach twenty-one years of age. 34 If there is no surviving spouse eligible for benefits under this subsection, but there are any HB 1434 67 35 children of the deceased employee eligible for payments, the payments shall continue until the 36 children reach twenty-one years of age. Any benefits payable to eligible children under 37 twenty-one years of age shall be made on a pro rata basis among the surviving children under 38 twenty-one years of age. 39 3. For the purpose of computing the amount of a benefit payable pursuant to this section, 40 if the board finds that the death was a natural and proximate result of a personal injury or disease 41 arising out of and in the course of the member's actual performance of duty as an employee, then 42 the minimum benefit to such member's surviving spouse or, if no surviving spouse benefits are 43 payable, the minimum benefit that shall be divided among and paid to such member's surviving 44 eligible children under the age of twenty-one shall be fifty percent of the member's final average 45 compensation. The service requirements of subsections 1 and 2 of this section shall not apply 46 to any benefit payable pursuant to this subsection. 104.312. 1. The provisions of subsection 2 of section 104.250, subsection 2 of section 2 104.540, subsection 2 of section 287.820, and section 476.688 to the contrary notwithstanding, 3 any pension, annuity, benefit, right, or retirement allowance provided pursuant to this chapter, 4 chapter 287, or chapter 476 is [marital] domestic union property and after August 28, 1994, a 5 court of competent jurisdiction may divide the pension, annuity, benefits, rights, and retirement 6 allowance provided pursuant to this chapter, chapter 287, or chapter 476 between the parties to 7 any action for dissolution of [marriage] a contract of domestic union. A division of benefits 8 order issued pursuant to this section: 9 (1) Shall not require the applicable retirement system to provide any form or type of 10 annuity or retirement plan not selected by the member and not normally made available by that 11 system; 12 (2) Shall not require the applicable retirement system to commence payments until the 13 member submits a valid application for an annuity and the annuity becomes payable in 14 accordance with the application; 15 (3) Shall identify the monthly amount to be paid to the alternate payee, which shall be 16 expressed as a percentage and which shall not exceed fifty percent of the amount of the member's 17 annuity accrued during all or part of the time while the member and alternate payee were 18 [married] parties to a contract of domestic union; and which shall be based on the member's 19 vested annuity on the date of the dissolution of [marriage] a contract of domestic union or an 20 earlier date as specified in the order, which amount shall be adjusted proportionately if the 21 member's annuity is reduced due to early retirement or the member's annuity is reduced pursuant 22 to section 104.395 under an annuity option in which the member named the alternate payee as 23 beneficiary prior to the dissolution of [marriage] a contract of domestic union or pursuant to 24 section 104.090 under an annuity option in which the member on or after August 28, 2007, HB 1434 68 25 named the alternative payee as beneficiary prior to the dissolution of [marriage] a contract of 26 domestic union, and the percentage established shall be applied to the pro rata portion of any 27 lump sum distribution pursuant to subsection 6 of section 104.335, accrued during the time while 28 the member and alternate payee were [married] parties to a contract of domestic union; 29 (4) Shall not require the payment of an annuity amount to the member and alternate 30 payee which in total exceeds the amount which the member would have received without regard 31 to the order; 32 (5) Shall provide that any benefit formula increases, additional years of service, 33 increased average compensation or other type of increases accrued after the date of the 34 dissolution of [marriage] a contract of domestic union shall accrue solely to the benefit of the 35 member; except that on or after September 1, 2001, any annual benefit increase shall not be 36 considered to be an increase accrued after the date of termination of [marriage] a contract of 37 domestic union and shall be part of the monthly amount subject to division pursuant to any 38 order issued after September 1, 2001; 39 (6) Shall terminate upon the death of either the member or the alternate payee, whichever 40 occurs first; 41 (7) Shall not create an interest which is assignable or subject to any legal process; 42 (8) Shall include the name, address, and date of birth of both the member and the 43 alternate payee, and the identity of the retirement system to which it applies; 44 (9) Shall be consistent with any other division of benefits orders which are applicable 45 to the same member; 46 (10) Shall not require the applicable retirement system to continue payments to the 47 alternate payee if the member's retirement benefit is suspended or waived as provided by this 48 chapter but such payments shall resume when the retiree begins to receive retirement benefits 49 in the future. 50 2. A system established by this chapter shall provide the court having jurisdiction of a 51 dissolution of [marriage] a contract of domestic union proceeding or the parties to the 52 proceeding with information necessary to issue a division of benefits order concerning a member 53 of the system, upon written request from either the court, the member or the member's spouse, 54 which cites this section and identifies the case number and parties. 55 3. A system established by this chapter shall have the discretionary authority to reject a 56 division of benefits order for the following reasons: 57 (1) The order does not clearly state the rights of the member and the alternate payee; 58 (2) The order is inconsistent with any law governing the retirement system. 59 4. The amount paid to an alternate payee under an order issued pursuant to this section 60 shall be based on the plan the member was in on the date of the dissolution of [marriage] a HB 1434 69 61 contract of domestic union; except that any annual benefit increases subject to division shall 62 be based on the actual annual benefit increases received after the retirement plan election. 104.372. 1. (1) In the event a person who served as a member of the general assembly 2 or in an elective state office on or after September 1, 1976, and who retired after September 1, 3 1976, dies, a survivor's income in an amount equal to fifty percent of the monthly annuity the 4 retired member was receiving at the time of the member's death shall be paid in monthly 5 installments to such deceased retired member's surviving spouse; provided such surviving spouse 6 was [married to] a party to a contract of domestic union with the deceased retired member of 7 the general assembly or elected official on the date of the member's death; or if there is no 8 surviving spouse eligible to receive such survivor's income, then such survivor's income shall 9 be payable to any children under the age of twenty-one of the deceased member of the general 10 assembly or elective official in equal shares in a total amount equal to such survivor's income 11 that would otherwise have been paid to the surviving spouse until the children reach twenty-one 12 years of age. The benefits shall be funded as provided in section 104.436; or 13 (2) Upon the death of a person who served as a member of the general assembly or in 14 an elective state office on or after September 1, 1976, and who retired pursuant to the provisions 15 of this chapter on or after September 1, 1976, and who terminated employment before August 16 28, 1988, such deceased retired member's surviving spouse, who was [married to] a party to a 17 contract of domestic union with the deceased retired member on the date of the member's 18 death, may apply to the board of trustees and shall be made, constituted, appointed and employed 19 by the board as a special consultant on the problems of retirement, aging and other state matters 20 for the remainder of the surviving spouse's life, and upon request of the board shall give 21 opinions, and be available to give opinions in writing, or orally, in response to such requests. 22 As compensation for such services, beginning the first of the month following application, such 23 surviving spouse shall receive monthly an amount equal to fifty percent of the monthly annuity 24 the retired member was receiving at the time of the member's death. 25 2. If a member of the general assembly who has served in at least three full biennial 26 assemblies dies before retirement, pursuant to the provisions of sections 104.312 to 104.801, a 27 survivor's benefit shall be paid in an amount equal to fifty percent of the member's accrued 28 annuity calculated as if the member were of normal retirement age as of the member's death. The 29 survivor's benefit shall be paid in monthly installments to such deceased member's surviving 30 spouse; provided such surviving spouse was [married to] a party to a contract of domestic 31 union with the deceased member of the general assembly on the date of the member's death; or 32 if there is no surviving spouse eligible to receive such survivor's benefit, such survivor's benefit 33 shall be payable to any children under the age of twenty-one of the deceased member of the 34 general assembly in equal shares in a total amount equal to such survivor's benefit that would HB 1434 70 35 otherwise have been paid to the surviving spouse until the children reach twenty-one years of 36 age. 37 3. In the event a person who has held one or more statewide state elective offices for a 38 total of at least twelve years, and whose retirement benefits have been calculated and are being 39 paid pursuant to the provisions of section 104.371, dies, a survivor's benefit in an amount equal 40 to fifty percent of the benefits being paid the member pursuant to section 104.371 shall be paid 41 to the member's surviving spouse. The survivor's benefits shall be paid in the manner provided 42 in section 104.371. 43 4. Every member of the state employees' retirement system who had previous state 44 employment by a state agency by virtue of which the person was a member of the public school 45 retirement system of Missouri and has previously withdrawn the person's employee contribution 46 to the public school retirement system shall upon request if qualified pursuant to the provisions 47 of this subsection receive creditable prior service in the state employees' retirement system for 48 such service notwithstanding any other provisions of law. The public school retirement system 49 shall pay to the state employees' retirement system an amount equal to the contribution paid to 50 the public school retirement system on behalf of the employee by the employee's employer, and 51 the commissioner of administration shall pay an equal amount to the state employees' retirement 52 system from funds appropriated from the general revenue fund for such purpose. In no event 53 shall any person receive credit for the same period of service under more than one retirement 54 system. 55 5. Upon the death of a person who served as a member of the general assembly or in an 56 elective state office before September 1, 1976, and who retired and chose a normal annuity 57 pursuant to the provisions of this chapter, such deceased retired member's surviving spouse, who 58 was [married to] a party to a contract of domestic union with the member on the date of the 59 member's death, may apply to the board of trustees and shall be made, constituted, appointed and 60 employed by the board as a special consultant on the problems of retirement, aging, and other 61 state matters for the remainder of the surviving spouse's life, and upon request of the board shall 62 give opinions, and be available to give opinions in writing, or orally, in response to such 63 requests. As compensation for such services, beginning the first of the month following 64 application, such surviving spouse shall receive monthly an amount equal to fifty percent of the 65 monthly annuity the retired member was receiving at the time of the member's death. 66 6. Survivor benefits shall be paid pursuant to section 104.420 in lieu of any other 67 provisions of this section to the contrary if the member of the general assembly or statewide 68 elected official: 69 (1) Dies on or after August 28, 2001; 70 (2) Had a vested right to an annuity; and HB 1434 71 71 (3) Was not receiving an annuity. 72 7. Survivor benefits shall be paid pursuant to section 104.395 in lieu of any other 73 provisions of this section to the contrary if the member of the general assembly or statewide 74 elected official elects a survivor benefit option pursuant to section 104.395, and dies on or after 75 August 28, 2001. 104.395. 1. In lieu of the normal annuity otherwise payable to a member pursuant to 2 sections 104.335, 104.370, 104.371, 104.374, or 104.400, and prior to the last business day of 3 the month before the annuity starting date pursuant to section 104.401, a member shall elect 4 whether or not to have such member's normal annuity reduced as provided by the options set 5 forth in this section; provided that if such election has not been made within such time, annuity 6 payments due beginning on and after such annuity starting date shall be made the month 7 following the receipt by the system of such election, and further provided, that if such person 8 dies after such annuity starting date but before making such election, no benefits shall be paid 9 except as required pursuant to section 104.420: 10 Option 1. An actuarial reduction approved by the board of the member's annuity in 11 reduced monthly payments for life during retirement with the provision that upon the member's 12 death the reduced annuity at the date of the member's death shall be continued throughout the 13 life of, and be paid to, the member's spouse [to] with whom the member was [married] a party 14 to a contract of domestic union at the date of retirement and who was nominated by the 15 member to receive such payments in the member's application for retirement or as otherwise 16 provided pursuant to subsection 5 of this section. Such annuity shall be reduced in the same 17 manner as an annuity under option 2 as in effect immediately prior to August 28, 1997. The 18 surviving spouse shall designate a beneficiary to receive any final monthly payment due after the 19 death of the surviving spouse; or 20 Option 2. The member's normal annuity in regular monthly payments for life during the 21 member's retirement with the provision that upon the member's death a survivor's benefit equal 22 to one-half the member's annuity at the date of the member's death shall be paid to the member's 23 spouse [to] with whom the member was [married] a party to a contract of domestic union at 24 the date of retirement and who was nominated by the member to receive such payments in the 25 member's application for retirement or as otherwise provided pursuant to subsection 5 of this 26 section, in regular monthly payments for life. The surviving spouse shall designate a beneficiary 27 to receive any final monthly payment due after the death of the surviving spouse; or 28 Option 3. An actuarial reduction approved by the board of the member's normal annuity 29 in reduced monthly payments for the member's life with the provision that if the member dies 30 prior to the member having received one hundred twenty monthly payments of the member's 31 reduced annuity, the member's reduced annuity to which the member would have been entitled HB 1434 72 32 had the member lived shall be paid for the remainder of the one hundred twenty months' period 33 to such beneficiary as the member shall have nominated by written designation duly executed 34 and filed with the board. If there is no such beneficiary surviving the retirant, the reserve for 35 such annuity for the remainder of such one hundred twenty months' period shall be paid as 36 provided under subsection 3 of section 104.620. If such beneficiary dies after the member's date 37 of death but before having received the remainder of the one hundred twenty monthly payments 38 of the retiree's reduced annuity, the reserve for such annuity for the remainder of such one 39 hundred twenty-month period shall be paid as provided under subsection 3 of section 104.620; 40 or 41 Option 4. An actuarial reduction approved by the board of the member's normal annuity 42 in reduced monthly payments for the member's life with the provision that if the member dies 43 prior to the member having received sixty monthly payments of the member's reduced annuity, 44 the member's reduced annuity to which the member would have been entitled had the member 45 lived shall be paid for the remainder of the sixty months' period to such beneficiary as the 46 member shall have nominated by written designation duly executed and filed with the board. If 47 there [be] is no such beneficiary surviving the retirant, the reserve for such annuity for the 48 remainder of such sixty months' period shall be paid as provided under subsection 3 of section 49 104.620. If such beneficiary dies after the member's date of death but before having received the 50 remainder of the sixty monthly payments of the retiree's reduced annuity, the reserve for such 51 annuity for the remainder of the sixty-month period shall be paid as provided under subsection 52 3 of section 104.620. 53 2. Effective July 1, 2000, if a member is [married] a party to a contract of domestic 54 union as of the annuity starting date to a person who has been the member's spouse, the 55 member's annuity shall be paid pursuant to the provisions of either option 1 or option 2 as set 56 forth in subsection 1 of this section, at the member's choice, with the spouse as the member's 57 designated beneficiary unless the spouse consents in writing to the member electing another 58 available form of payment. 59 3. For members who retire on or after August 28, 1995, in the event such member 60 elected a joint and survivor option pursuant to the provisions of this section and the member's 61 eligible spouse or eligible former spouse precedes the member in death, the member's annuity 62 shall revert effective the first of the month following the death of the spouse or eligible former 63 spouse regardless of when the board receives the member's written application for the benefit 64 provided in this subsection, to an amount equal to the member's normal annuity, as adjusted for 65 early retirement if applicable; such benefit shall include any increases the member would have 66 received since the date of retirement had the member elected a normal annuity. If a member dies HB 1434 73 67 prior to notifying the system of the spouse's death, the benefit will not revert to a normal annuity 68 and no retroactive payments shall be made. 69 4. Effective on or after August 28, 1995, any retired member who had elected a joint and 70 survivor option and whose spouse or eligible former spouse precedes or preceded the member 71 in death shall upon application to the board be made, constituted, appointed and employed by 72 the board as a special consultant on the problems of retirement, aging and other state matters. 73 As a special consultant pursuant to the provisions of this section, the member's reduced annuity 74 shall revert to a normal annuity as adjusted for early retirement, if applicable, effective the first 75 of the month following the death of the spouse or eligible former spouse or August 28, 1995, 76 whichever is later, if the member cancels the member's original joint and survivor election; such 77 annuity shall include any increases the retired member would have received since the date of 78 retirement had the member elected a normal annuity. 79 5. Effective July 1, 2000, a member may make an election under option 1 or 2 after the 80 date retirement benefits are initiated if the member makes such election within one year from the 81 date of [marriage] a contract of domestic union or July 1, 2000, whichever is later, under any 82 of the following circumstances: 83 (1) The member elected to receive a normal annuity and was not eligible to elect option 84 1 or 2 on the date retirement benefits were initiated; or 85 (2) The member's annuity reverted to a normal annuity pursuant to subsection 3 or 4 of 86 this section and the member [remarried] became a party to a new contract of domestic union. 87 6. Any person who terminates employment or retires prior to July 1, 2000, shall be made, 88 constituted, appointed and employed by the board as a special consultant on the problems of 89 retirement, aging and other state matters, and for such services shall be eligible to elect to receive 90 the benefits described in subsection 5 of this section. 91 7. Effective September 1, 2001, the retirement application of any member who fails to 92 make an election pursuant to subsection 1 of this section within ninety days of the annuity 93 starting date contained in such retirement application shall be nullified. Any member whose 94 retirement application is nullified shall not receive retirement benefits until the member files a 95 new application for retirement pursuant to section 104.401 and makes the election pursuant to 96 subsection 1 of this section. In no event shall any retroactive retirement benefits be paid. 97 8. A member may change a member's election made under this section at any time prior 98 to the system mailing or electronically transferring the first annuity payment to such member. 104.420. 1. Unless otherwise provided by law, if a member or disabled member who 2 has a vested right to a normal annuity dies prior to retirement, regardless of the age of the 3 member at the time of death, the member's or disabled member's surviving spouse, to whom the 4 member or disabled member was [married] a party to a contract of domestic union on the date HB 1434 74 5 of the member's death, if any, shall receive the reduced survivorship benefits provided in option 6 1 of section 104.395 calculated as if the member were of normal retirement age and had retired 7 as of the date of the member's death and had elected option 1. 8 2. If there is no eligible surviving spouse, or when a spouse annuity has ceased to be 9 payable, the member's or disabled member's eligible surviving children under twenty-one years 10 of age shall receive monthly, in equal shares, an amount equal to eighty percent of the member's 11 or disabled member's accrued annuity calculated as if the member or disabled member were of 12 a normal retirement age and retired as of the date of death. Benefits otherwise payable to a child 13 under eighteen years of age shall be payable to the surviving parent as natural guardian of such 14 child if such parent has custody or assumes custody of such minor child, or to the legal 15 conservator of such child, until such child attains age eighteen; thereafter, the benefit may be 16 paid to the child until age twenty-one; provided the age twenty-one maximum shall be extended 17 for any child who has been found totally incapacitated by a court of competent jurisdiction. 18 3. No benefit is payable pursuant to this section if no eligible surviving spouse or 19 children under twenty-one years of age survive the member or disabled member. Benefits cease 20 pursuant to this section when there is no eligible surviving beneficiary through either death of 21 the eligible surviving spouse or through either death or the attainment of twenty-one years of age 22 by the eligible surviving children. If the member's or disabled member's surviving children are 23 receiving equal shares of the benefit described in subsection 2 of this section, and one or more 24 of such children become ineligible by reason of death or the attainment of twenty-one years of 25 age, the benefit shall be reallocated so that the remaining eligible children receive equal shares 26 of the total benefit as described in subsection 2 of this section. 27 4. For the purpose of computing the amount of an annuity payable pursuant to this 28 section, if the board finds that the death was the natural and proximate result of a personal injury 29 or disease arising out of and in the course of the member's actual performance of duty as an 30 employee, then the minimum annuity to such member's surviving spouse or, if no surviving 31 spouse benefits are payable, the minimum annuity that shall be divided among and paid to such 32 member's surviving children shall be fifty percent of the member's final average compensation; 33 except that for members of the general assembly and statewide elected officials with twelve or 34 more years of service, the monthly rate of compensation in effect on the date of death shall be 35 used in lieu of final average compensation. The vesting service requirement of subsection 1 of 36 this section shall not apply to any annuity payable pursuant to this subsection. 104.610. 1. Any person, who is receiving or hereafter may receive state retirement 2 benefits from the Missouri state employees' retirement system other than a person with twelve 3 or more years of service in statewide state elective office receiving benefits pursuant to the 4 provisions of section 104.371, a legislators' retirement system, or the highways and HB 1434 75 5 transportation employees' and highway patrol retirement system, upon application to the board 6 of trustees of the system from which he or she is receiving retirement benefits, shall be made, 7 constituted, appointed and employed by the board as a special consultant on the problems of 8 retirement, aging, and other state matters, for the remainder of the person's life, and upon request 9 of the board, or other state agencies where such person was employed prior to retirement, give 10 opinions, and be available to give opinions in writing, or orally, in response to such requests, as 11 may be required, and for such services shall be compensated monthly, in an amount, which, 12 when added to any monthly state retirement benefits received on his or her retirement, shall be 13 equal to the state retirement benefits the person would be receiving currently if the person had 14 benefitted from changes in the law effecting increases in the rate in the formula for calculating 15 benefits in his or her respective retirement system, for his or her type of employment or for those 16 persons having accrued thirty-five or more years of creditable service, changes in the law 17 pertaining to the age and service requirements for a normal annuity in his or her respective 18 retirement system, made subsequent to the date of his or her retirement; except that in calculating 19 such benefits the meaning of "average compensation" shall be that ascribed to it by the law in 20 effect on the date on which the benefits pursuant to this section are calculated. 21 2. In lieu of any other benefits pursuant to the provisions of this section, any member of 22 the Missouri state employees' retirement system who has or may hereafter retire pursuant to the 23 provisions of section 104.371, pertaining to those members who have held statewide state 24 elective office for at least twelve years, may apply pursuant to this section to be employed as a 25 special consultant and for such services shall be compensated monthly, in an amount, which, 26 when added to any monthly state retirement benefits received initially on his or her retirement, 27 shall be equal to the state retirement benefits the person would be receiving if the person had 28 benefitted from changes in the law affecting increases in compensation for statewide state 29 elective offices, pursuant to house substitute for senate bill no. 528, second regular session of the 30 eighty-second general assembly, any other provisions of the law to the contrary notwithstanding. 31 3. This compensation shall be consolidated with any other retirement benefits payable 32 to the person, and shall be funded as provided in section 104.436. 33 4. This compensation shall be treated as any other state retirement benefits payable by 34 the Missouri state employees' retirement system or the highways and transportation employees' 35 and highway patrol retirement system are treated and shall not be subject to execution, 36 garnishment, attachment, writ of sequestration, or any other process or claim whatsoever, and 37 shall be unassignable, anything to the contrary notwithstanding. 38 5. The employment provided for by this section shall in no way affect any person's 39 eligibility for retirement benefits pursuant to this chapter, or in any way have the effect of 40 reducing retirement benefits, anything to the contrary notwithstanding. HB 1434 76 41 6. In order to determine the total monthly state retirement compensation due each retiree 42 who is eligible for the additional amount provided for in subsection 1 of this section, the 43 following formula shall be used: 44 (1) The retiree's base monthly retirement compensation shall be determined by dividing 45 the sum of the retiree's annual normal annuity as of the effective date of any increase in the rate 46 in the formula for calculating benefits in his or her respective retirement system plus any annual 47 increases granted such retiree as a result of his or her being a consultant, by twelve; 48 (2) The amount determined pursuant to subdivision (1) of this subsection shall be 49 increased by an amount equal to the base monthly retirement compensation calculated pursuant 50 to subdivision (1) of this subsection multiplied by the percentage increase in the rate in the 51 formula; 52 (3) The sum obtained from completing the calculations contained in subdivisions (1) and 53 (2) of this subsection shall be the retiree's new total monthly state retirement compensation. Any 54 retiree who is eligible for the benefit provided in subsection 1 of this section whose benefit 55 pursuant to subsection 1 of this section was not calculated in accordance with the procedure 56 provided in this subsection shall have his or her total monthly retirement compensation for all 57 months beginning on or after September 28, 1985, recalculated in accordance with this 58 subsection. 59 7. The provisions of this section are severable. If any provision of this section is found 60 by a court of competent jurisdiction to be unconstitutional or otherwise invalid, the remaining 61 provisions of this section are valid unless the court finds that such valid provisions, standing 62 alone, are incomplete and incapable of being executed in accordance with the legislative intent. 63 8. Any person who terminates employment or retires prior to July 1, 2000, shall be made, 64 constituted, appointed and employed by the board as a special consultant on the problems of 65 retirement, aging, and other state matters, for the remainder of the person's life, and upon request 66 of the board, or other state agencies where such person was employed prior to retirement, give 67 opinions, and be available to give opinions in writing, or orally, in response to such requests, as 68 may be required, and for such services shall be eligible to elect to receive a retirement annuity 69 pursuant to the year 2000 plan as provided in this chapter. 70 9. Effective August 28, 2000, any person otherwise eligible for survivor benefits due to 71 the death of a member prior to retirement, who was [married] a party to a contract of domestic 72 union less than two years [to] with the member at the time of the member's death, shall, upon 73 application to the board, be made, constituted, appointed and employed by the board as a special 74 consultant on the problems of retirement, aging and other state matters. As a special consultant 75 pursuant to the provisions of this subsection, the person shall begin to receive a survivor benefit 76 in a monthly amount equal to what the system would have paid the person had the person been HB 1434 77 77 eligible for such survivor benefit upon the death of the member. Such benefit shall commence 78 the first of the month following receipt by the system of an application from such person, but not 79 earlier than September 1, 2000. In no event shall any retroactive benefits be paid. 104.612. 1. Each special consultant, not otherwise eligible for a retirement benefit 2 increase pursuant to section 104.415, employed or eligible for employment on or after May 12, 3 1981, by a board of trustees of a retirement system as provided in subsection 1 of section 4 104.610 shall, in addition to duties prescribed in section 104.610, and upon request of the board 5 of trustees, give the board, orally or in writing, a short detailed statement on the problems of 6 retirement under the current monthly benefits. 7 2. As compensation for the extra duty imposed by subsection 1 of this section, each 8 special consultant shall receive, in addition to all other compensation provided by law, a 9 percentage increase in compensation each year, computed upon the total amount which the 10 consultant received in the previous year from state retirement benefits, compensation pursuant 11 to the provisions of section 104.610, and compensation pursuant to the provisions of this section, 12 of eighty percent of the increase in the consumer price index calculated in the manner specified 13 in section 104.415. The increase in compensation for special consultants who have been retired 14 less than one year shall be one-twelfth of the applicable cost-of-living increase for every month 15 or partial month that the member was retired and receiving an annuity. Any such annual increase 16 in compensation, however, shall not exceed five percent, nor be less than four percent, and the 17 total increase in compensation to each special consultant pursuant to the provisions of this 18 subsection shall not exceed sixty-five percent of the total retirement benefits and compensation 19 he or she was receiving immediately prior to October 1, 1986. 20 3. As compensation for the services described in subsections 1 and 2 of this section, each 21 special consultant shall receive, in addition to all other compensation provided by those 22 subsections, an annual percentage increase in the retirement benefit payable equal to eighty 23 percent of the increase in the consumer price index. Such benefit increase, however, shall not 24 exceed five percent of the retirement benefit payable prior to the increase. The annual benefit 25 increase described in this subsection shall not be effective until the year in which the special 26 consultant reaches the limit on total annual increases provided by subsection 2 of this section. 27 During that year on the anniversary date of the special consultant's retirement, the special 28 consultant shall receive the benefit increase described in subsection 2 of this section or this 29 subsection, whichever is greater. After that year, the special consultant shall receive the annual 30 benefit increase described in this subsection. Any special consultant who reaches the limit on 31 total annual benefit increases provided by subsection 2 prior to October 1, 1996, shall receive 32 the benefit increase described in this subsection on September 1, 1997. Any special consultant 33 who reaches the limit on total annual benefit increases provided by subsection 2 on or after HB 1434 78 34 October 1, 1996, but before September 1, 1997, shall receive the benefit increase described in 35 this subsection beginning on the anniversary date of the special consultant's retirement following 36 September 1, 1997. In no event shall any retroactive annual benefit increases be paid pursuant 37 to this subsection to any special consultant who reached the limit provided in subsection 2 of this 38 section prior to August 28, 1997. 39 4. The compensation provided for in this section shall be payable in equal monthly 40 installments and shall be consolidated with any retirement benefits and compensation due 41 pursuant to section 104.610 which is payable to the special consultant. The compensation 42 provided for in this section shall be paid from the retirement fund for all members who retire 43 after August 30, 1980. The retirement fund shall be funded on a sound actuarial basis for such 44 benefits as prescribed in sections 104.070 and 104.436. Appropriations necessary to achieve a 45 sound actuarial basis for the retirement fund shall be made from general revenue or any other 46 fund during the three general assembly sessions next occurring after February 14, 1980. 47 Appropriations to maintain the retirement fund on a continuing sound actuarial basis shall be 48 made as necessary in accordance with the provisions of sections 104.070, 104.436 and 104.438. 49 For all members who retire prior to September 1, 1980, the compensation provided for in this 50 section shall be funded as provided in sections 104.070 and 104.436. 51 5. The compensation provided for in this section shall be treated as any other state 52 retirement benefits, payable by the Missouri state employees' retirement system or the 53 transportation department and highway patrol retirement system are treated and shall not be 54 subject to execution, garnishment, attachment, writ of sequestration, or any other process or 55 claim whatsoever, and shall be unassignable, anything to the contrary notwithstanding. 56 6. The employment provided for by this section shall in no way affect any person's 57 eligibility for retirement benefits pursuant to this chapter, or in any way have the effect of 58 reducing retirement benefits, anything to the contrary notwithstanding. 59 7. (1) Any person who is receiving, on or after August 28, 1994, a survivor benefit 60 provided by the provisions of this chapter by virtue of being a survivor of a member, a survivor 61 of a judge as defined in section 476.515, or a survivor of an administrative law judge or legal 62 advisor as those terms are defined in section 287.812, and who was employed prior to August 63 28, 1997, shall, upon application, be made, constituted, appointed and employed by the board 64 as a special consultant on the problems of retirement, aging, and other matters relating to 65 survivors of deceased members and upon the request of the appropriate board shall give 66 opinions, in writing or orally, in response to such requests of the board. As compensation for 67 the services required by this subsection, each such special consultant shall receive, in addition 68 to all other compensation provided by law, a percentage increase in compensation each year, 69 computed upon the amount which the special consultant received in the previous year in survivor HB 1434 79 70 benefits from the system, of eighty percent of the increase in the consumer price index calculated 71 in the manner specified in section 104.415. Any such increase in compensation, however, shall 72 not exceed five percent, nor be less than four percent; 73 (2) The total increases in benefits received pursuant to this subsection shall be limited 74 by the following: 75 (a) In cases of death after retirement where an optional form of payment was elected by 76 the retirant, the total increase shall not exceed sixty-five percent of the survivor benefit which 77 would have been payable based on the option elected and the original benefit amount payable 78 to the retirant; 79 (b) In cases of death before retirement, the total increase shall not exceed sixty-five 80 percent of the original survivor benefit amount. 81 8. As compensation for the services described in subsection 7 of this section, each 82 special consultant shall receive, in addition to all other compensation provided by subsection 7 83 of this section, an annual percentage increase in the survivor benefit payable equal to eighty 84 percent of the increase in the consumer price index. Such benefit increase, however, shall not 85 exceed five percent of the survivor benefit payable prior to the increase. The annual benefit 86 increase described in this subsection shall not be effective until the year in which the special 87 consultant reaches the limit on total annual increases provided by subsection 7 of this section. 88 During that year on the anniversary date that the special consultant's benefit became payable, the 89 special consultant shall receive the benefit increase described in subsection 7 of this section or 90 this subsection, whichever is greater. After that year, the special consultant shall receive the 91 annual benefit increase described in this subsection. Any special consultant who reaches the 92 limit on total annual benefit increases provided by subsection 7 of this section prior to October 93 1, 1996, shall receive the benefit increase described in this subsection on September 1, 1997. 94 Any special consultant who reaches the limit on total annual benefit increases provided by 95 subsection 7 of this section on or after October 1, 1996, but before September 1, 1997, shall 96 receive the benefit increase described in this subsection beginning on the anniversary date that 97 the special consultant's benefit became payable following September 1, 1997. In no event shall 98 any retroactive annual benefit increases be paid pursuant to this subsection to any special 99 consultant who reached the limit provided in subsection 7 of this section prior to August 28, 100 1997. 101 9. The employment provided for by this subsection shall in no way affect any person's 102 eligibility for retirement or survivor benefits pursuant to the provisions of this chapter, or in any 103 way have the effect of reducing any retirement or survivor benefits, anything to the contrary 104 notwithstanding. An annual increase, if any is due, shall be payable monthly beginning on a date 105 specified by the board. Nothing in this subsection shall be construed to prohibit a special HB 1434 80 106 consultant from waiving the right to receive the annual increase provided pursuant to this 107 subsection. However, the waiver may not extend beyond the age permitted by the Tax Equity 108 and Fiscal Responsibility Act (TEFRA). The waiver shall be final as to the annual increase 109 waived. 110 10. (1) Any member who terminated employment on or after October 1, 1984, who is 111 receiving an annuity on September 1, 1997, and who had elected one of the options providing 112 for a continuing lifetime annuity to a surviving spouse, and who has been made, constituted and 113 appointed by the board as a special consultant on the problems of retirement, aging, and other 114 matters relating to retirement shall be eligible for additional compensation. As additional 115 compensation for such services, each special consultant shall be eligible for the benefits 116 described in this subdivision. The annuity of a special consultant who is receiving benefits under 117 option 1 of section 104.395, shall be reduced in the same manner as an annuity under option 2 118 of section 104.395, as in effect immediately prior to August 28, 1997. The annuity of a special 119 consultant who is receiving benefits under the provisions of option 2 of section 104.395, as in 120 effect on or after August 13, 1986, but prior to August 28, 1997, shall be determined in the same 121 manner as an annuity under option 2 of section 104.395, as in effect on September 1, 1997. The 122 annuity of a special consultant who is receiving benefits under an annuity that provides for a 123 continuing lifetime annuity to a surviving spouse other than as previously described in this 124 subdivision shall be reduced in a manner approved by the board so as to be consistent with the 125 other continuing lifetime annuities described in this subdivision. Such annuities shall be 126 adjusted for early retirement if applicable. The member's benefit shall include any formula or 127 minimum benefit increases or both, and cost-of-living increases the retired member would have 128 received since the date of retirement had the member's benefit been calculated as described in 129 this subdivision. The member shall also receive a one-time payment in an amount equal to the 130 difference in the amount of retirement benefits that the member received and the amount the 131 member would have received since the date of retirement had the member's benefit been 132 calculated as described in this subdivision. 133 (2) Any member who terminated employment on or after October 1, 1984, but before 134 August 28, 1997, and who retires after August 28, 1997, may elect at retirement to become a 135 special consultant as provided for in subdivision (1) of this subsection and elect any option 136 provided pursuant to section 104.395, as in effect on August 28, 1997. 137 (3) Any member who terminated employment on or after October 1, 1984, but retired 138 prior to August 28, 1997, who applied for increased benefits pursuant to the provisions described 139 in subsection 3 or subsection 4 of section 104.395, and whose spouse died prior to September 140 1, 1997, and who has been made, constituted and appointed by the board as a special consultant 141 on the problems of retirement, aging, and other matters relating to retirement shall be eligible for HB 1434 81 142 additional compensation. As additional compensation for such services, such member shall 143 receive a one-time payment in an amount equal to the difference in the amount of retirement 144 benefits that the member received and the amount the member would have received since the 145 date of retirement had the member's benefit been calculated as described in subdivision (1) of 146 this subsection. 147 (4) Any member who terminated employment on or after October 1, 1984, but retired 148 before September 1, 1997, and who had elected a normal annuity at retirement, and who is 149 receiving benefits on September 1, 1997, and who has been made, constituted and appointed by 150 the board as a special consultant on the problems of retirement, aging, and other matters relating 151 to retirement shall be eligible for additional compensation. As additional compensation for such 152 services, beginning the first month following the death of the member, the member's surviving 153 spouse who was [married to] a party to a contract of domestic union with the member of the 154 transportation department and highway patrol retirement system on the date of retirement or the 155 person who was [married to] a party to a contract of domestic union with the member of the 156 Missouri state employees' retirement system on the date of retirement shall receive monthly an 157 amount equal to fifty percent of the monthly annuity the retired member was receiving at the time 158 of the member's death. 159 (5) If a member dies on or after September 1, 1997, but prior to receiving any one-time 160 payment described in subdivision (1) of this subsection, payment shall be issued to the surviving 161 spouse who was [married to] a party to a contract of domestic union with the member at the 162 date of the member's death. If there is no surviving spouse, payment will be issued to the 163 member's estate. 164 (6) Any member who terminated employment on or after October 1, 1984, retired, 165 became a special consultant on the problems of retirement, aging and other matters relating to 166 retirement or applies to become such a consultant, and whose annuity was not in pay status on 167 September 1, 1997, pursuant to the provisions of section 104.380, shall be eligible for additional 168 compensation. As additional compensation for such services, each special consultant shall be 169 eligible for the benefits described in subdivision (1), (3) or (4) of this subsection depending on 170 the annuity selected by the member at the time of retirement. Any one-time payment that may 171 be due shall be paid upon application for such benefit. Any adjustment to a future annuity shall 172 be made upon application for retirement or survivor benefits. 173 (7) Any person who received benefits pursuant to subsection 6 of section 104.335 prior 174 to August 28, 1997, may apply to the board to become a special consultant on the problems of 175 retirement, aging, and other matters relating to retirement. As compensation for such services, 176 each special consultant shall be eligible to receive upon making application for such benefits a 177 one-time payment which shall be equal to the difference between the amount of benefits the HB 1434 82 178 person received and the amount of benefits the person would have received had the original 179 benefit payment been calculated under the actuarial assumptions in effect on August 28, 1997. 180 (8) Any person who was married to a member of the Missouri state employees' 181 retirement system at the time the member retired and such member terminated employment on 182 or after October 1, 1984, elected one of the options providing for a continuing lifetime annuity 183 at the time of retirement, and died prior to September 1, 1997, may apply to the board to become 184 a special consultant on the problems of retirement, aging, and other matters relating to 185 retirement. As additional compensation for such services, the survivor benefit of the special 186 consultant shall be recalculated in the manner described in subdivision (1) of this subsection. 187 The special consultant shall also receive a one-time payment in an amount equal to the difference 188 between the amount of retirement and survivor benefits that the retired member and the special 189 consultant received and the amount of retirement and survivor benefits the retired member and 190 the special consultant would have received since the date of retirement had the retired member's 191 and the special consultant's benefits been calculated as described in subdivision (1) of this 192 subsection. 193 (9) Any person who was [married to] a party to a contract of domestic union with a 194 member of the Missouri state employees' retirement system at the time the member retired and 195 such member terminated employment on or after October 1, 1984, retired after electing a normal 196 annuity, and died prior to September 1, 1997, may apply to the board to become a special 197 consultant on the problems of retirement, aging, and other matters relating to retirement. As 198 additional compensation for such services, the special consultant shall receive a monthly benefit 199 in an amount equal to fifty percent of the monthly annuity the retired member was receiving at 200 the time of the member's death, including any annual benefit increases pursuant to subsections 201 7 and 8 of this section that occurred between the date of the member's death and the date of 202 application. Such benefit shall commence upon application and shall include a one-time 203 payment, if necessary, so that the special consultant shall receive the same amount that would 204 have been paid to the special consultant had such benefit commenced the month following the 205 death of the member. 206 (10) Any surviving spouse receiving benefits pursuant to the provisions of section 207 104.420 as the result of the death of a member whose employment terminated on or after October 208 1, 1984, may apply to the board to become a special consultant on the problems of retirement, 209 aging, and other matters relating to retirement. As compensation for such services, the benefit 210 of each special consultant shall be reduced in the same manner as an annuity under option 1 of 211 section 104.395 as in effect on August 28, 1997. The special consultant shall also receive a 212 one-time payment in an amount equal to the difference between the amount of benefits that the 213 survivor received and the amount of benefits the survivor would have received had the survivor's HB 1434 83 214 benefit been originally calculated as described under option 1 of section 104.395 as in effect on 215 August 28, 1997. 104.620. 1. Any member who has not received a lump sum payment equal to the sum 2 total of the contributions that the member paid into the retirement system, plus interest credited 3 to his or her account, shall be entitled to such a lump sum payment. Lump sum payments made 4 pursuant to this section shall not be reduced by any retirement benefits which a member is 5 entitled to receive, but shall be paid in full out of appropriate funds pursuant to appropriations 6 for this purpose. 7 2. In the event any accumulated contributions standing to a member of the Missouri state 8 employees' retirement system's credit remains unclaimed by such member for a period of four 9 years or more, such accumulated contributions shall automatically revert to the credit of the fund 10 for the Missouri state employees' retirement system. If an application is made, after such 11 reversion, for such accumulated contributions, the board shall pay such contributions from the 12 fund for the Missouri state employees' retirement system; except that, no interest shall be paid 13 on such funds after the date of the reversion to the fund for the Missouri state employees' 14 retirement system. 15 3. In the event any amount is due a deceased member, survivor, or beneficiary who dies 16 after September 1, 2002, and the member's survivor's or beneficiary's financial institution is 17 unable to accept the final payments due to the member, survivor, or beneficiary, such amount 18 shall be paid to the person or entity designated in writing as beneficiary to receive such amount 19 by such member, survivor, or beneficiary. The member, survivor, or beneficiary may designate 20 in writing a beneficiary to receive any final payment due after the death of a member, survivor, 21 or beneficiary pursuant to this chapter. If no living person or entity so designated as beneficiary 22 exists at the time of death, such amount shall be paid to the surviving spouse [married to] who 23 was a party to a contract of domestic union with the deceased member, survivor, or 24 beneficiary at the time of death. If no surviving spouse exists, such amount shall be paid to the 25 surviving children of such member, survivor, or beneficiary in equal parts. If no surviving 26 children exist, such amount shall be paid to the surviving parents of such member, survivor, or 27 beneficiary in equal parts. If no surviving parents exist, such amount shall be paid to the 28 surviving brothers or sisters of such member, survivor, or beneficiary in equal parts. If no 29 surviving brothers or sisters exist, payment may be made as otherwise permitted by law. 30 Notwithstanding this subsection, any amount due to a deceased member as payment of all or part 31 of a lump sum pursuant to section 104.625 shall be paid to the member's surviving spouse 32 [married to] who was a party to a contract of domestic union with the member at the time of 33 death, and otherwise payment may be made as provided in this subsection. In the event any 34 amount that is due to a person from either system remains unclaimed for a period of four years HB 1434 84 35 or more, such amount shall automatically revert to the credit of the fund of the member's system. 36 If an application is made after such reversion for such amount, the board shall pay such amount 37 to the person from the board's fund, except that no interest shall be paid on such funds after the 38 date of the reversion to the fund. 39 4. The beneficiary of any member who purchased creditable service in the Missouri state 40 employees' retirement system shall receive a refund upon the member's death equal to the amount 41 of any purchase less any retirement benefits received by the member unless an annuity is payable 42 to a survivor or beneficiary as a result of the member's death. In that event, the beneficiary of 43 the survivor or beneficiary who received the annuity shall receive a refund upon the survivor's 44 or beneficiary's death equal to the amount of the member's purchase of service less any annuity 45 amounts received by the member and the survivor or beneficiary. 104.1027. 1. Prior to the last business day of the month before the annuity starting date, 2 a member or a vested former member shall elect whether or not to have such member's or such 3 vested former member's life annuity reduced, but not any temporary annuity which may be 4 payable, and designate a beneficiary, as provided by the options set forth in this section; provided 5 that if such election has not been made within such time, annuity payments due beginning on and 6 after the month of the annuity starting date shall be made the month following the receipt by the 7 appropriate system of such election and any other information required by the year 2000 plan 8 created by sections 104.1003 to 104.1093, and further provided, that if such person dies after the 9 annuity starting date but before making such election and providing such other information, no 10 benefits shall be paid except as required pursuant to section 104.1030: 11 Option 1. A retiree's life annuity shall be reduced to a certain percent of the annuity 12 otherwise payable. Such percent shall be ninety percent adjusted as follows: if the retiree's age 13 on the annuity starting date is younger than sixty-two years, an increase of three-tenths of one 14 percent for each year the retiree's age is younger than age sixty-two years; and if the beneficiary's 15 age is younger than the retiree's age on the annuity starting date, a decrease of three-tenths of one 16 percent for each year of age difference; and if the retiree's age is younger than the beneficiary's 17 age on the annuity starting date, an increase of three-tenths of one percent for each year of age 18 difference; provided, after all adjustments the option 1 percent cannot exceed ninety-five percent. 19 Upon the retiree's death, fifty percent of the retiree's reduced annuity shall be paid to such 20 beneficiary who was the retiree's spouse on the annuity starting date or as otherwise provided by 21 subsection 5 of this section. 22 Option 2. A retiree's life annuity shall be reduced to a certain percent of the annuity 23 otherwise payable. Such percent shall be eighty-three percent adjusted as follows: if the retiree's 24 age on the annuity starting date is younger than sixty-two years, an increase of four-tenths of one 25 percent for each year the retiree's age is younger than sixty-two years; and if the beneficiary's age HB 1434 85 26 is younger than the retiree's age on the annuity starting date, a decrease of five-tenths of one 27 percent for each year of age difference; and if the retiree's age is younger than the beneficiary's 28 age on the annuity starting date, an increase of five-tenths of one percent for each year of age 29 difference; provided, after all adjustments the option 2 percent cannot exceed ninety percent. 30 Upon the retiree's death one hundred percent of the retiree's reduced annuity shall be paid to such 31 beneficiary who was the retiree's spouse on the annuity starting date or as otherwise provided by 32 subsection 5 of this section. 33 Option 3. A retiree's life annuity shall be reduced to ninety-five percent of the annuity 34 otherwise payable. If the retiree dies before having received one hundred twenty monthly 35 payments, the reduced annuity shall be continued for the remainder of the one hundred 36 twenty-month period to the retiree's designated beneficiary provided that if there is no beneficiary 37 surviving the retiree, the present value of the remaining annuity payments shall be paid as 38 provided under subsection 3 of section 104.620. If the beneficiary survives the retiree but dies 39 before receiving the remainder of such one hundred twenty monthly payments, the present value 40 of the remaining annuity payments shall be paid as provided under subsection 3 of section 41 104.620. 42 Option 4. A retiree's life annuity shall be reduced to ninety percent of the annuity 43 otherwise payable. If the retiree dies before having received one hundred eighty monthly 44 payments, the reduced annuity shall be continued for the remainder of the one hundred 45 eighty-month period to the retiree's designated beneficiary provided that if there is no beneficiary 46 surviving the retiree, the present value of the remaining annuity payments shall be paid as 47 provided under subsection 3 of section 104.620. If the beneficiary survives the retiree but dies 48 before receiving the remainder of such one hundred eighty monthly payments, the present value 49 of the remaining annuity payments shall be paid as provided under subsection 3 of section 50 104.620. 51 2. If a member is [married] a party to a contract of domestic union as of the annuity 52 starting date, the member's annuity shall be paid under the provisions of either option 1 or option 53 2 as set forth in subsection 1 of this section, at the member's choice, with the spouse as the 54 member's designated beneficiary unless the spouse consents in writing to the member electing 55 another available form of payment. 56 3. If a member has elected at the annuity starting date option 1 or 2 pursuant to this 57 section and if the member's spouse or eligible former spouse dies after the annuity starting date 58 but before the member dies, then the member may cancel the member's election and return to the 59 life annuity form of payment and annuity amount, effective the first of the month following the 60 date of such spouse's or eligible former spouse's death. If a member dies prior to notifying the HB 1434 86 61 system of the spouse's death, the benefit will not revert to a life annuity and no retroactive 62 payments shall be made. 63 4. If a member designates a spouse as a beneficiary pursuant to this section and 64 subsequently that [marriage] contract of domestic union ends as a result of a dissolution of 65 [marriage] a contract of domestic union, such dissolution shall not affect the option election 66 pursuant to this section and the former spouse shall continue to be eligible to receive survivor 67 benefits upon the death of the member. 68 5. Effective July 1, 2000, a member may make an election under option 1 or 2 after the 69 annuity starting date as described in this section if the member makes such election within one 70 year from the date of [marriage] the contract of domestic union or July 1, 2000, whichever is 71 later, pursuant to any of the following circumstances: 72 (1) The member elected to receive a life annuity and was not eligible to elect option 1 73 or 2 on the annuity starting date; or 74 (2) The member's annuity reverted to a normal or early retirement annuity pursuant to 75 subsection 3 of this section, and the member [remarried] became a party to a new contract of 76 domestic union. 77 6. Effective September 1, 2001, the retirement application of any member who fails to 78 make an election pursuant to subsection 1 of this section within ninety days of the annuity 79 starting date contained in such retirement application shall be nullified. Any member whose 80 retirement application is nullified shall not receive retirement benefits until the member files a 81 new application for retirement pursuant to section 104.1024 and makes the election pursuant to 82 subsection 1 of this section. In no event shall any retroactive retirement benefits be paid. 83 7. A member may change a member's election made under this section at any time prior 84 to the system mailing or electronically transferring the first annuity payment to such member. 104.1030. 1. If a member with five or more years of credited service or a vested former 2 member dies before such member's or such vested former member's annuity starting date, the 3 applicable annuity provided in this section shall be paid. 4 2. The member's surviving spouse who was [married to] a party to a contract of 5 domestic union with the member at the date of death shall receive an annuity computed as if 6 such member had: 7 (1) Retired on the date of death with a normal retirement annuity based upon credited 8 service and final average pay to the date of death, and without reduction if the member's age was 9 younger than normal retirement eligibility; 10 (2) Elected option 2 provided for in section 104.1027; and 11 (3) Designated such spouse as beneficiary under such option. HB 1434 87 12 3. If a spouse annuity is not payable pursuant to the provisions of subsection 2 of this 13 section, or when a spouse annuity has ceased to be payable, eighty percent of an annuity 14 computed in the same manner as if the member had retired on the date of death with a normal 15 retirement annuity based upon credited service and final average pay to the date of death and 16 without reduction if the member's age at death was younger than normal retirement eligibility 17 shall be divided equally among the dependent children of the deceased member. A child shall 18 be a dependent child until death or attainment of age twenty-one, whichever occurs first; 19 provided the age twenty-one maximum shall be extended for any child who has been found 20 totally incapacitated by a court of competent jurisdiction. Benefits otherwise payable to a child 21 under eighteen years of age shall be payable to the surviving parent as a natural guardian of such 22 child if such parent has custody or assumes custody of such minor child or to the legal 23 conservator of such child until such child attains age eighteen. Upon a child ceasing to be a 24 dependent child, that child's portion of the dependent annuity shall cease to be paid, and the 25 amounts payable to any remaining dependent children shall be proportionately increased. 26 4. For the purpose of computing the amount of an annuity payable pursuant to this 27 section, if the board finds that the death was the natural and proximate result of a personal injury 28 or disease arising out of and in the course of his or her actual performance of duty as an 29 employee, then the minimum annuity to such member's spouse or, if no spouse benefits are 30 payable, the minimum annuity that shall be divided among and paid to such member's dependent 31 children shall be fifty percent of final average pay. The credited service requirement of 32 subsection 1 of this section shall not apply to any annuity payable pursuant to this subsection. 33 5. The provisions of this section shall apply to members of the general assembly and 34 statewide elected officials except that the credited service and monthly pay requirements 35 described in section 104.1084 shall apply notwithstanding any other language to the contrary 36 contained in this section. 104.1051. 1. Any annuity provided pursuant to the year 2000 plan is [marital] domestic 2 union property and a court of competent jurisdiction may divide such annuity between the 3 parties to any action for dissolution of [marriage] a contract of domestic union if at the time 4 of the dissolution the member has at least five years of credited service pursuant to sections 5 104.1003 to 104.1093. A division of benefits order issued pursuant to this section: 6 (1) Shall not require the applicable retirement system to provide any form or type of 7 annuity or retirement plan not selected by the member; 8 (2) Shall not require the applicable retirement system to commence payments until the 9 member's annuity starting date; 10 (3) Shall identify the monthly amount to be paid to the former spouse, which shall be 11 expressed as a percentage and which shall not exceed fifty percent of the amount of the member's HB 1434 88 12 annuity accrued during all or part of the period of the [marriage] contract of domestic union of 13 the member and former spouse and which shall be based on the member's vested annuity on the 14 date of the dissolution of [marriage] a contract of domestic union or an earlier date as specified 15 in the order, which amount shall be adjusted proportionately upon the annuity starting date if the 16 member's annuity is reduced due to the receipt of an early retirement annuity or the member's 17 annuity is reduced pursuant to section 104.1027 under an annuity option in which the member 18 named the alternate payee as beneficiary prior to the dissolution of [marriage] a contract of 19 domestic union; 20 (4) Shall not require the payment of an annuity amount to the member and former spouse 21 which in total exceeds the amount which the member would have received without regard to the 22 order; 23 (5) Shall provide that any annuity increases, additional years of credited service, 24 increased final average pay, increased pay pursuant to subsections 2 and 5 of section 104.1084, 25 or other type of increases accrued after the date of the dissolution of [marriage] a contract of 26 domestic union and any temporary annuity received pursuant to subsection 4 of section 27 104.1024 shall accrue solely to the benefit of the member; except that on or after September 1, 28 2001, any cost-of-living adjustment (COLA) due after the annuity starting date shall not be 29 considered to be an increase accrued after the date of termination of [marriage] a contract of 30 domestic union and shall be part of the monthly amount subject to division pursuant to any 31 order issued after September 1, 2001; 32 (6) Shall terminate upon the death of either the member or the former spouse, whichever 33 occurs first; 34 (7) Shall not create an interest which is assignable or subject to any legal process; 35 (8) Shall include the name, address, and date of birth of both the member and the former 36 spouse, and the identity of the retirement system to which it applies; 37 (9) Shall be consistent with any other division of benefits orders which are applicable 38 to the same member; 39 (10) Shall not require the applicable retirement system to continue payments to the 40 alternate payee if the member's retirement benefit is suspended or waived as provided by this 41 chapter but such payments shall resume when the retiree begins to receive retirement benefits 42 in the future. 43 2. A system shall provide the court having jurisdiction of a dissolution of a [marriage] 44 contract of domestic union proceeding or the parties to the proceeding with information 45 necessary to issue a division of benefits order concerning a member of the system, upon written 46 request from either the court, the member, or the member's spouse, citing this section and 47 identifying the case number and parties. HB 1434 89 48 3. A system shall have the discretionary authority to reject a division of benefits order 49 for the following reasons: 50 (1) The order does not clearly state the rights of the member and the former spouse; 51 (2) The order is inconsistent with any law governing the retirement system. 52 4. Any member of the closed plan who elected the year 2000 plan pursuant to section 53 104.1015 and then becomes divorced and subject to a division of benefits order shall have the 54 division of benefits order calculated pursuant to the provisions of the year 2000 plan. 104.1054. 1. The benefits provided to each member and each member's spouse, 2 beneficiary, or former spouse under the year 2000 plan are hereby made obligations of the state 3 of Missouri and are an incident of every member's continued employment with the state. No 4 alteration, amendment, or repeal of the year 2000 plan shall affect the then-existing rights of 5 members, or their spouses, beneficiaries or former spouses, but shall be effective only as to rights 6 which would otherwise accrue hereunder as a result of services rendered by a member after such 7 alteration, amendment, or repeal. 8 2. Except as otherwise provided in section 104.1051, any annuity, benefit, funds, 9 property, or rights created by, or accruing or paid to, any person covered under the year 2000 10 plan shall not be subject to execution, garnishment, attachment, writ of sequestration, or any 11 other process or claim whatsoever, and shall be unassignable, except with regard to the collection 12 of child support and maintenance, and except that a beneficiary may assign life insurance 13 proceeds. Any retiree may request the executive director, in writing, to withhold and pay on his 14 behalf to the proper person, from each of his monthly annuity payments, if the payment is large 15 enough, the contribution due from the retiree to any group providing state-sponsored life or 16 medical insurance and to the Missouri state employees charitable campaign. 17 3. The executive director shall, when requested in writing by a retiree, withhold and pay 18 over the funds authorized in subsection 2 of this section until such time as the request to do so 19 is revoked by the death or written revocation of the retiree. 20 4. In the event any amount is due a deceased member, survivor, or beneficiary who dies 21 after September 1, 2002, and the member's, survivor's, or beneficiary's financial institution is 22 unable to accept the final payments due to the member, survivor, or beneficiary, such amount 23 shall be paid to the person or entity designated in writing as beneficiary to receive such amount 24 by such member, survivor, or beneficiary. The member, survivor, or beneficiary may designate 25 in writing a beneficiary to receive any final payment due after the death of a member, survivor, 26 or beneficiary pursuant to this chapter. If no living person or entity so designated as beneficiary 27 exists at the time of death, such amount shall be paid to the surviving spouse [married to] who 28 was a party to a contract of domestic union with the deceased member, survivor, or 29 beneficiary at the time of death. If no surviving spouse exists, such amount shall be paid to the HB 1434 90 30 surviving children of such member, survivor, or beneficiary in equal parts. If no surviving 31 children exist, such amount shall be paid to the surviving parents of such member, survivor, or 32 beneficiary in equal parts. If no surviving parents exist, such amount shall be paid to the 33 surviving brothers or sisters of such member, survivor, or beneficiary in equal parts. If no 34 surviving brothers or sisters exist, payment may be made as otherwise permitted by law. 35 Notwithstanding this subsection, any amount due to a deceased member as payment of all or part 36 of a lump sum pursuant to subsection 6 of section 104.1024 shall be paid to the member's 37 surviving spouse [married to] who was a party to a contract of domestic union with the 38 member at the time of death, and otherwise payment may be made as provided in this subsection. 39 In the event any amount that is due to a person from either system remains unclaimed for a 40 period of four years or more, such amount shall automatically revert to the credit of the fund of 41 the member's system. If an application is made for such amount after such reversion, the board 42 shall pay such amount to the person from the board's fund, except that no interest shall be paid 43 on such amounts after the date of the reversion to the fund. 44 5. All annuities payable pursuant to the year 2000 plan shall be determined based upon 45 the law in effect on the last date of termination of employment. 46 6. The beneficiary of any member who purchased creditable service in the Missouri state 47 employees' retirement system shall receive a refund upon the member's death equal to the amount 48 of any purchase less any retirement benefits received by the member unless an annuity is payable 49 to a survivor or beneficiary as a result of the member's death. In such event, the beneficiary of 50 the survivor or beneficiary who received the annuity shall receive a refund upon the survivor's 51 or beneficiary's death equal to the amount of the member's purchase of services less any annuity 52 amounts received by the member and the survivor or beneficiary. 104.1091. 1. Notwithstanding any provision of the year 2000 plan to the contrary, each 2 person who first becomes an employee on or after January 1, 2011, shall be a member of the year 3 2000 plan subject to the provisions of this section. 4 2. A member’s normal retirement eligibility shall be as follows: 5 (1) The member’s attainment of at least age sixty-seven and the completion of at least 6 ten years of credited service; or the member’s attainment of at least age fifty-five with the sum 7 of the member’s age and credited service equaling at least ninety; or, in the case of a member 8 who is serving as a uniformed member of the highway patrol and subject to the mandatory 9 retirement provisions of section 104.081, such member’s attainment of at least age sixty or the 10 attainment of at least age fifty-five with ten years of credited service; 11 (2) For members of the general assembly, the member’s attainment of at least age 12 sixty-two and the completion of at least three full biennial assemblies; or the member’s HB 1434 91 13 attainment of at least age fifty-five with the sum of the member’s age and credited service 14 equaling at least ninety; 15 (3) For statewide elected officials, the official’s attainment of at least age sixty-two and 16 the completion of at least four years of credited service; or the official’s attainment of at least age 17 fifty-five with the sum of the official’s age and credited service equaling at least ninety. 18 3. A vested former member’s normal retirement eligibility shall be based on the 19 attainment of at least age sixty-seven and the completion of at least ten years of credited service. 20 4. A temporary annuity paid pursuant to subsection 4 of section 104.1024 shall be 21 payable if the member has attained at least age fifty-five with the sum of the member’s age and 22 credited service equaling at least ninety; or in the case of a member who is serving as a 23 uniformed member of the highway patrol and subject to the mandatory retirement provisions of 24 section 104.081, the temporary annuity shall be payable if the member has attained at least age 25 sixty, or at least age fifty-five with ten years of credited service. 26 5. A member, other than a member who is serving as a uniformed member of the 27 highway patrol and subject to the mandatory retirement provisions of section 104.081, shall be 28 eligible for an early retirement annuity upon the attainment of at least age sixty-two and the 29 completion of at least ten years of credited service. A vested former member shall not be eligible 30 for early retirement. 31 6. The provisions of subsection 6 of section 104.1021 and section 104.344 as applied 32 pursuant to subsection 7 of section 104.1021 and section 104.1090 shall not apply to members 33 covered by this section. 34 7. The minimum credited service requirements of five years contained in sections 35 104.1018, 104.1030, 104.1036, and 104.1051 shall be ten years for members covered by this 36 section. The normal and early retirement eligibility requirements in this section shall apply for 37 purposes of administering section 104.1087. 38 8. A member shall be required to contribute four percent of the member’s pay to the 39 retirement system, which shall stand to the member’s credit in his or her individual account with 40 the system, together with investment credits thereon, for purposes of funding retirement benefits 41 payable under the year 2000 plan, subject to the following provisions: 42 (1) The state of Missouri employer, pursuant to the provisions of 26 U.S.C. Section 43 414(h)(2), shall pick up and pay the contributions that would otherwise be payable by the 44 member under this section. The contributions so picked up shall be treated as employer 45 contributions for purposes of determining the member’s pay that is includable in the member’s 46 gross income for federal income tax purposes; 47 (2) Member contributions picked up by the employer shall be paid from the same source 48 of funds used for the payment of pay to a member. A deduction shall be made from each HB 1434 92 49 member’s pay equal to the amount of the member’s contributions picked up by the employer. 50 This deduction, however, shall not reduce the member’s pay for purposes of computing benefits 51 under the retirement system pursuant to this chapter; 52 (3) Member contributions so picked up shall be credited to a separate account within the 53 member’s individual account so that the amounts contributed pursuant to this section may be 54 distinguished from the amounts contributed on an after-tax basis; 55 (4) The contributions, although designated as employee contributions, shall be paid by 56 the employer in lieu of the contributions by the member. The member shall not have the option 57 of choosing to receive the contributed amounts directly instead of having them paid by the 58 employer to the retirement system; 59 (5) Interest shall be credited annually on June thirtieth based on the value in the account 60 as of July first of the immediately preceding year at a rate of four percent. Effective June 30, 61 2014, and each June thirtieth thereafter, the interest crediting rate shall be equal to the investment 62 rate that is published by the United States Department of Treasury, or its successor agency, for 63 fifty-two week treasury bills for the relevant auction that is nearest to the preceding July first, or 64 a successor treasury bill investment rate as approved by the board if the fifty-two week treasury 65 bill is no longer issued. Interest credits shall cease upon termination of employment if the 66 member is not a vested former member. Otherwise, interest credits shall cease upon retirement 67 or death; 68 (6) A vested former member or a former member who is not vested may request a refund 69 of his or her contributions and interest credited thereon. If such member is [married] a party to 70 a contract of domestic union at the time of such request, such request shall not be processed 71 without consent from the spouse. Such member is not eligible to request a refund if such 72 member’s retirement benefit is subject to a division of benefit order pursuant to section 73 104.1051. Such refund shall be paid by the system after ninety days from the date of termination 74 of employment or the request, whichever is later, and shall include all contributions made to any 75 retirement plan administered by the system and interest credited thereon. A vested former 76 member may not request a refund after such member becomes eligible for normal retirement. 77 A vested former member or a former member who is not vested who receives a refund shall 78 forfeit all the member’s credited service and future rights to receive benefits from the system and 79 shall not be eligible to receive any long-term disability benefits; provided that any member or 80 vested former member receiving long-term disability benefits shall not be eligible for a refund. 81 If such member subsequently becomes an employee and works continuously for at least one year, 82 the credited service previously forfeited shall be restored if the member returns to the system the 83 amount previously refunded plus interest at a rate established by the board; HB 1434 93 84 (7) The beneficiary of any member who made contributions shall receive a refund upon 85 the member’s death equal to the amount, if any, of such contributions and interest credited 86 thereon less any retirement benefits received by the member unless an annuity is payable to a 87 survivor or beneficiary as a result of the member’s death. In that event, the beneficiary of the 88 survivor or beneficiary who received the annuity shall receive a refund upon the survivor’s or 89 beneficiary’s death equal to the amount, if any, of the member’s contributions less any annuity 90 amounts received by the member and the survivor or beneficiary. 91 9. The employee contribution rate, the benefits provided under the year 2000 plan to 92 members covered under this section, and any other provision of the year 2000 plan with regard 93 to members covered under this section may be altered, amended, increased, decreased, or 94 repealed, but only with respect to services rendered by the member after the effective date of 95 such alteration, amendment, increase, decrease, or repeal, or, with respect to interest credits, for 96 periods of time after the effective date of such alteration, amendment, increase, decrease, or 97 repeal. 98 10. For purposes of members covered by this section, the options under section 104.1027 99 shall be as follows: 100 101 Option 1. 102 A retiree’s life annuity shall be reduced to a certain percent of the annuity otherwise payable. 103 Such percent shall be eighty-eight and one half percent adjusted as follows: if the retiree’s age 104 on the annuity starting date is younger than sixty-seven years, an increase of three-tenths of one 105 percent for each year the retiree’s age is younger than age sixty-seven years; and if the 106 beneficiary’s age is younger than the retiree’s age on the annuity starting date, a decrease of 107 three-tenths of one percent for each year of age difference; and if the retiree’s age is younger than 108 the beneficiary’s age on the annuity starting date, an increase of three-tenths of one percent for 109 each year of age difference; provided, after all adjustments the option 1 percent cannot exceed 110 ninety-four and one quarter percent. Upon the retiree’s death, fifty percent of the retiree’s 111 reduced annuity shall be paid to such beneficiary who was the retiree’s spouse on the annuity 112 starting date or as otherwise provided by subsection 5 of this section. 113 114 Option 2. 115 A retiree’s life annuity shall be reduced to a certain percent of the annuity otherwise payable. 116 Such percent shall be eighty-one percent adjusted as follows: if the retiree’s age on the annuity 117 starting date is younger than sixty-seven years, an increase of four-tenths of one percent for each 118 year the retiree’s age is younger than sixty-seven years; and if the beneficiary’s age is younger 119 than the retiree’s age on the annuity starting date, a decrease of five-tenths of one percent for HB 1434 94 120 each year of age difference; and if the retiree’s age is younger than the beneficiary’s age on the 121 annuity starting date, an increase of five-tenths of one percent for each year of age difference; 122 provided, after all adjustments the option 2 percent cannot exceed eighty-seven and three quarter 123 percent. Upon the retiree’s death one hundred percent of the retiree’s reduced annuity shall be 124 paid to such beneficiary who was the retiree’s spouse on the annuity starting date or as otherwise 125 provided by subsection 5 of this section. 126 127 Option 3. 128 A retiree’s life annuity shall be reduced to ninety-three percent of the annuity otherwise 129 payable. If the retiree dies before having received one hundred twenty monthly payments, the 130 reduced annuity shall be continued for the remainder of the one hundred twenty-month period 131 to the retiree’s designated beneficiary provided that if there is no beneficiary surviving the 132 retiree, the present value of the remaining annuity payments shall be paid as provided under 133 subsection 3 of section 104.620. If the beneficiary survives the retiree but dies before receiving 134 the remainder of such one hundred twenty monthly payments, the present value of the remaining 135 annuity payments shall be paid as provided under subsection 3 of section 104.620. 136 137 Option 4. 138 A retiree’s life annuity shall be reduced to eighty-six percent of the annuity otherwise 139 payable. If the retiree dies before having received one hundred eighty monthly payments, the 140 reduced annuity shall be continued for the remainder of the one hundred eighty-month period to 141 the retiree’s designated beneficiary provided that if there is no beneficiary surviving the retiree, 142 the present value of the remaining annuity payments shall be paid as provided under subsection 143 3 of section 104.620. If the beneficiary survives the retiree but dies before receiving the 144 remainder of such one hundred eighty monthly payments, the present value of the remaining 145 annuity payments shall be paid as provided under subsection 3 of section 104.620. 146 11. The provisions of subsection 6 of section 104.1024 shall not apply to members 147 covered by this section. 148 12. Effective January 1, 2018, a member who is not a statewide elected official or a 149 member of the general assembly shall be eligible for retirement under this subsection subject to 150 the following conditions: 151 (1) A member’s normal retirement eligibility shall be based on the attainment of at least 152 age sixty-seven and the completion of at least five years of credited service; or the member’s 153 attainment of at least age fifty-five with the sum of the member’s age and credited service 154 equaling at least ninety; or in the case of a member who is serving as a uniformed member of the 155 highway patrol and subject to the mandatory retirement provisions of section 104.081, such HB 1434 95 156 member’s attainment of at least age sixty or the attainment of at least age fifty-five with five 157 years of credited service; 158 (2) A vested former member’s normal retirement eligibility shall be based on the 159 attainment of at least age sixty-seven and the completion of at least five years of credited service; 160 (3) A temporary annuity paid under subsection 4 of section 104.1024 shall be payable 161 if the member has attained at least age fifty-five with the sum of the member’s age and credited 162 service equaling at least ninety; or in the case of a member who is serving as a uniformed 163 member of the highway patrol and subject to the mandatory retirement provisions of section 164 104.081, the temporary annuity shall be payable if the member has attained at least age sixty, or 165 at least age fifty-five with five years of credited service; 166 (4) A member, other than a member who is serving as a uniformed member of the 167 highway patrol and subject to the mandatory retirement provisions of section 104.081, shall be 168 eligible for an early retirement annuity upon the attainment of at least age sixty-two and the 169 completion of at least five years of credited service. A vested former member shall not be 170 eligible for early retirement; 171 (5) The normal and early retirement eligibility requirements in this subsection shall apply 172 for purposes of administering section 104.1087; 173 (6) The survivor annuity payable under section 104.1030 for vested former members 174 covered by this section shall not be payable until the deceased member would have reached his 175 or her normal retirement eligibility under this subsection; 176 (7) The annual cost-of-living adjustment payable under section 104.1045 shall not 177 commence until the second anniversary of a vested former member’s annuity starting date for 178 members covered by this subsection; 179 (8) The unused sick leave credit granted under subsection 2 of section 104.1021 shall 180 not apply to members covered by this subsection unless the member terminates employment after 181 reaching normal retirement eligibility or becoming eligible for an early retirement annuity under 182 this subsection; and 183 (9) The minimum credited service requirements of five years contained in sections 184 104.1018, 104.1030, 104.1036, and 104.1051 shall be five years for members covered by this 185 subsection. 105.915. 1. The board of trustees of the Missouri state employees' retirement system 2 shall administer the deferred compensation fund for the employees of the state of Missouri that 3 was previously administered by the deferred compensation commission, as established in section 4 105.910, prior to August 28, 2007. The board shall be vested with the same powers that it has 5 under chapter 104 to enable it and its officers, employees, and agents to administer the fund 6 under sections 105.900 to 105.927. HB 1434 96 7 2. Except as provided in this subsection, participation in such plan shall be by a specific 8 written agreement between state employees and the state, which shall provide for the deferral of 9 such amounts of compensation as requested by the employee subject to any limitations imposed 10 under federal law. Participating employees must authorize that such deferrals be made from their 11 wages for the purpose of participation in such program. An election to defer compensation shall 12 be made before the beginning of the month in which the compensation is paid. Contributions 13 shall be made for payroll periods occurring on or after the first day of the month after the election 14 is made. Each employee eligible to participate in the plan hired on or after July 1, 2012, shall 15 be enrolled in the plan automatically and his or her employer shall, in accordance with the plan 16 document, withhold and contribute to the plan an amount equal to one percent of eligible 17 compensation received on and after the date of hire, unless the employee elects not to participate 18 in the plan within the first thirty days of employment, and in that event, any amounts contributed 19 and earnings thereon will be refunded by the plan to the employee pursuant to the procedure 20 contained in the plan documents. Employees who are employed by a state college or university 21 shall not be automatically enrolled but may elect to participate in the plan and make 22 contributions in accordance with the terms of the plan. Employees who are enrolled 23 automatically may elect to change the contribution rate in accordance with the terms of the plan. 24 Employees who elect not to participate in the plan may at a later date elect to participate in the 25 plan and make contributions in accordance with the terms of the plan. All assets and income of 26 such fund shall be held in trust by the board for the exclusive benefit of participants and their 27 beneficiaries. Assets of such trust, and the trust established pursuant to section 105.927, may 28 be pooled solely for investment management purposes with assets of the trust established under 29 section 104.320. 30 3. Notwithstanding any other provision of sections 105.900 to 105.927, funds held for 31 the state by the board in accordance with written deferred compensation agreements between the 32 state and participating employees may be invested in such investments as are deemed appropriate 33 by the board. All administrative costs of the program described in this section, including staffing 34 and overhead expenses, may be paid out of assets of the fund, which may reduce the amount due 35 participants in the fund. Such investments shall not be construed to be a prohibited use of the 36 general assets of the state. 37 4. Investments offered under the deferred compensation fund for the employees of the 38 state of Missouri shall be made available at the discretion of the board. 39 5. The board and employees of the Missouri state employees' retirement system shall be 40 immune from suit and shall not be subject to any claim or liability associated with any 41 administrative actions or decisions made by the commission with regard to the deferred 42 compensation program prior to the transfer made to the board under section 105.910. HB 1434 97 43 6. The board and employees of the system shall not be liable for the investment decisions 44 made or not made by participating employees as long as the board acts with the same skill, 45 prudence, and diligence in the selection and monitoring of providers of investment products, 46 education, advice, or any default investment option, under the circumstances then prevailing that 47 a prudent person acting in a similar capacity and familiar with those matters would use in the 48 conduct of a similar enterprise with similar aims. 49 7. The system shall be immune from suit and shall not be subject to any claim or liability 50 associated with the administration of the deferred compensation fund by the board and 51 employees of the system. 52 8. Beginning on or after September 1, 2011, if a participant under the deferred 53 compensation plan or the plan established under section 105.927 is [married] a party to a 54 contract of domestic union on the date of his or her death, the participant's surviving spouse 55 shall be automatically designated as the primary beneficiary under both plans, unless the 56 surviving spouse consented in writing, witnessed by a notary public, to allow the participant to 57 designate a nonspouse beneficiary. As used in this subsection, "surviving spouse" means the 58 spouse as defined pursuant to section 104.012 [to] with whom the participant is lawfully 59 [married] a party to a contract of domestic union on the date of death of the participant, 60 provided that a former spouse shall be treated as the surviving spouse of the participant to the 61 extent provided under a judgment, decree, or order that relates to child support, alimony 62 payments, or [marital] domestic union property rights made under Missouri domestic relations 63 law that creates or recognizes the existence of such former spouse's right to receive all or a 64 portion expressed as a stated dollar amount or specific percentage stated in integers of the 65 benefits payable from such plan upon the death of the participant. This subsection shall not 66 apply to beneficiary designations made prior to September 1, 2011. 67 9. The board may adopt and amend plan documents to change the terms and conditions 68 of the deferred compensation plan and the plan established under section 105.927 that are 69 consistent with federal law. 108.470. It shall be unlawful for any revenue bond authority, or any agent thereof, to 2 deny a residential real estate loan to a person because of the specific geographic location of the 3 residential real estate or to discriminate on the basis of race, color, religion, national origin, 4 handicap, age, [marital] domestic union status, or sex, of the applicant for a residential real 5 estate loan or the race, religion or national origin of persons living in the vicinity of the 6 residential real estate. 115.167. If a registered voter obtains a lawful name change, including a change because 2 of [marriage] a contract of domestic union, the voter shall notify the election authority of such 3 change and the election authority shall, upon notification, enter the change on the voter's HB 1434 98 4 registration cards. After filling in the voter's new name and transferring other necessary 5 information from the voter's previous registration cards to a new set of cards, the election 6 authority may send new cards to the voter for signature or may require the voter to sign new 7 cards at the polls. If the election authority does require the voter to sign new cards, the new cards 8 shall become the voter's official registration cards. A registered voter who obtains a lawful name 9 change may, after notifying the election judges of the name change, vote at one election under 10 the previous name. The election judges shall notify the election authority of the voter's name 11 change and the election authority shall enter the change on the voter's registration cards as 12 provided for in this section. 135.090. 1. As used in this section, the following terms mean: 2 (1) "Homestead", the dwelling in Missouri owned by the surviving spouse and not 3 exceeding five acres of land surrounding it as is reasonably necessary for use of the dwelling as 4 a home. As used in this section, "homestead" shall not include any dwelling which is occupied 5 by more than two families; 6 (2) "Public safety officer", any firefighter, police officer, capitol police officer, parole 7 officer, probation officer, correctional employee, water patrol officer, park ranger, conservation 8 officer, commercial motor vehicle enforcement officer, emergency medical technician, first 9 responder, or highway patrolman employed by the state of Missouri or a political subdivision 10 thereof who is killed in the line of duty, unless the death was the result of the officer's own 11 misconduct or abuse of alcohol or drugs; 12 (3) "Surviving spouse", a spouse, who has not [remarried] become a party to a new 13 contract of domestic union, of a public safety officer. 14 2. For all tax years beginning on or after January 1, 2008, a surviving spouse shall be 15 allowed a credit against the tax otherwise due under chapter 143, excluding withholding tax 16 imposed by sections 143.191 to 143.265, in an amount equal to the total amount of the property 17 taxes on the surviving spouse's homestead paid during the tax year for which the credit is 18 claimed. A surviving spouse may claim the credit authorized under this section for each tax year 19 beginning the year of death of the public safety officer spouse until the tax year in which the 20 surviving spouse [remarries] becomes a party to a new contract of domestic union. No credit 21 shall be allowed for the tax year in which the surviving spouse [remarries] becomes a party to 22 a contract of domestic union. If the amount allowable as a credit exceeds the income tax 23 reduced by other credits, then the excess shall be considered an overpayment of the income tax. 24 3. The department of revenue shall promulgate rules to implement the provisions of this 25 section. 26 4. Any rule or portion of a rule, as that term is defined in section 536.010, that is created 27 under the authority delegated in this section shall become effective only if it complies with and HB 1434 99 28 is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section 29 and chapter 536 are nonseverable and if any of the powers vested with the general assembly 30 pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule 31 are subsequently held unconstitutional, then the grant of rulemaking authority and any rule 32 proposed or adopted after August 28, 2007, shall be invalid and void. 33 5. Pursuant to section 23.253 of the Missouri sunset act: 34 (1) The program authorized under this section shall expire on December 31, 2019, unless 35 reauthorized by the general assembly; and 36 (2) This section shall terminate on September first of the calendar year immediately 37 following the calendar year in which the program authorized under this section is sunset; and 38 (3) The provisions of this subsection shall not be construed to limit or in any way impair 39 the department's ability to redeem tax credits authorized on or before the date the program 40 authorized under this section expires or a taxpayer's ability to redeem such tax credits. 135.096. 1. In order to promote personal financial responsibility for long-term health 2 care in this state, for all taxable years beginning after December 31, 1999, a resident individual 3 may deduct from such individual's Missouri taxable income an amount equal to fifty percent of 4 all nonreimbursed amounts paid by such individual for qualified long-term care insurance 5 premiums to the extent such amounts are not included in the individual's itemized deductions. 6 For all taxable years beginning after December 31, 2006, a resident individual may deduct from 7 each individual's Missouri taxable income an amount equal to one hundred percent of all 8 nonreimbursed amounts paid by such individuals for qualified long-term care insurance 9 premiums to the extent such amounts are not included in the individual's itemized deductions. 10 A [married individual] party to a contract of domestic union filing a Missouri income tax 11 return separately from his or her spouse shall be allowed to make a deduction pursuant to this 12 section in an amount equal to the proportion of such individual's payment of all qualified 13 long-term care insurance premiums. The director of the department of revenue shall place a line 14 on all Missouri individual income tax returns for the deduction created by this section. 15 2. For purposes of this section, "qualified long-term care insurance" means any policy 16 which meets or exceeds the provisions of sections 376.1100 to 376.1118 and the rules and 17 regulations promulgated pursuant to such sections for long-term care insurance. 18 3. Notwithstanding any other provision of law to the contrary, two or more insurers 19 issuing a qualified long-term care insurance policy shall not act in concert with each other and 20 with others with respect to any matters pertaining to the making of rates or rating systems. 137.106. 1. This section [may] shall be known and may be cited as "The Missouri 2 Homestead Preservation Act". 3 2. As used in this section, the following terms shall mean: HB 1434 100 4 (1) "Department", the department of revenue; 5 (2) "Director", the director of revenue; 6 (3) "Disabled", as such term is defined in section 135.010; 7 (4) "Eligible owner", any individual owner of property who is sixty-five years old or 8 older as of January first of the tax year in which the individual is claiming the credit or who is 9 disabled, and who had an income of equal to or less than the maximum upper limit in the year 10 prior to completing an application pursuant to this section; or 11 (a) In the case of [a married couple] parties to a contract of domestic union owning 12 property either jointly or as tenants by the entirety, or where only one spouse owns the property, 13 such couple shall be considered an eligible taxpayer if both spouses have reached the age of 14 sixty-five or if one spouse is disabled, or if one spouse is at least sixty-five years old and the 15 other spouse is at least sixty years old, and the combined income of the couple in the year prior 16 to completing an application pursuant to this section did not exceed the maximum upper limit; 17 or 18 (b) In the case of joint ownership by [unmarried] persons who are not parties to a 19 contract of domestic union or ownership by tenancy in common by two or more [unmarried] 20 persons who are not parties to a contract of domestic union, such owners shall be considered 21 an eligible owner if each person with an ownership interest individually satisfies the eligibility 22 requirements for an individual eligible owner under this section and the combined income of all 23 individuals with an interest in the property is equal to or less than the maximum upper limit in 24 the year prior to completing an application under this section. If any individual with an 25 ownership interest in the property fails to satisfy the eligibility requirements of an individual 26 eligible owner or if the combined income of all individuals with interest in the property exceeds 27 the maximum upper limit, then all individuals with an ownership interest in such property shall 28 be deemed ineligible owners regardless of such other individual's ability to individually meet the 29 eligibility requirements; or 30 (c) In the case of property held in trust, the eligible owner and recipient of the tax credit 31 shall be the trust itself provided the previous owner of the homestead or the previous owner's 32 spouse: is the settlor of the trust with respect to the homestead; currently resides in such 33 homestead; and but for the transfer of such property would have satisfied the age, ownership, and 34 maximum upper limit requirements for income as defined in subdivisions (7) and (8) of this 35 subsection; No individual shall be an eligible owner if the individual has not paid their property 36 tax liability, if any, in full by the payment due date in any of the three prior tax years, except that 37 a late payment of a property tax liability in any prior year shall not disqualify a potential eligible 38 owner if such owner paid in full the tax liability and any and all penalties, additions and interest 39 that arose as a result of such late payment; no individual shall be an eligible owner if such person HB 1434 101 40 filed a valid claim for the senior citizens property tax relief credit pursuant to sections 135.010 41 to 135.035; 42 (5) "Homestead", as such term is defined pursuant to section 135.010, except as limited 43 by provisions of this section to the contrary. No property shall be considered a homestead if such 44 property was improved since the most recent annual assessment by more than five percent of the 45 prior year appraised value, except where an eligible owner of the property has made such 46 improvements to accommodate a disabled person; 47 (6) "Homestead exemption limit", a percentage increase, rounded to the nearest 48 hundredth of a percent, which shall be equal to the percentage increase to tax liability, not 49 including improvements, of a homestead from one tax year to the next that exceeds a certain 50 percentage set pursuant to subsection 10 of this section. For applications filed in 2005 or 2006, 51 the homestead exemption limit shall be based on the increase to tax liability from 2004 to 2005. 52 For applications filed between April 1, 2005, and September 30, 2006, an eligible owner, who 53 otherwise satisfied the requirements of this section, shall not apply for the homestead exemption 54 credit more than once during such period. For applications filed after 2006, the homestead 55 exemption limit shall be based on the increase to tax liability from two years prior to application 56 to the year immediately prior to application. For applications filed between December 31, 2008, 57 and December 31, 2011, the homestead exemption limit shall be based on the increase in tax 58 liability from the base year to the year prior to the application year. For applications filed on or 59 after January 1, 2012, the homestead exemption limit shall be based on the increase to tax 60 liability from two years prior to application to the year immediately prior to application. For 61 purposes of this subdivision, the term "base year" means the year prior to the first year in which 62 the eligible owner's application was approved, or 2006, whichever is later; 63 (7) "Income", federal adjusted gross income, and in the case of ownership of the 64 homestead by trust, the income of the settlor applicant shall be imputed to the income of the trust 65 for purposes of determining eligibility with regards to the maximum upper limit; 66 (8) "Maximum upper limit", in the calendar year 2005, the income sum of seventy 67 thousand dollars; in each successive calendar year this amount shall be raised by the incremental 68 increase in the general price level, as defined pursuant to article X, section 17 of the Missouri 69 Constitution. 70 3. Pursuant to article X, section 6(a) of the Constitution of Missouri, if in the prior tax 71 year, the property tax liability on any parcel of subclass (1) real property increased by more than 72 the homestead exemption limit, without regard for any prior credit received due to the provisions 73 of this section, then any eligible owner of the property shall receive a homestead exemption 74 credit to be applied in the current tax year property tax liability to offset the prior year increase 75 to tax liability that exceeds the homestead exemption limit, except as eligibility for the credit is HB 1434 102 76 limited by the provisions of this section. The amount of the credit shall be listed separately on 77 each taxpayer's tax bill for the current tax year, or on a document enclosed with the taxpayer's 78 bill. The homestead exemption credit shall not affect the process of setting the tax rate as 79 required pursuant to article X, section 22 of the Constitution of Missouri and section 137.073 in 80 any prior, current, or subsequent tax year. 81 4. If application is made in 2005, any potential eligible owner may apply for the 82 homestead exemption credit by completing an application through their local assessor's office. 83 Applications may be completed between April first and September thirtieth of any tax year in 84 order for the taxpayer to be eligible for the homestead exemption credit in the tax year next 85 following the calendar year in which the homestead exemption credit application was completed. 86 The application shall be on forms provided to the assessor's office by the department. Forms also 87 shall be made available on the department's internet site and at all permanent branch offices and 88 all full-time, temporary, or fee offices maintained by the department of revenue. 89 The applicant shall attest under penalty of perjury: 90 (1) To the applicant's age; 91 (2) That the applicant's prior year income was less than the maximum upper limit; 92 (3) To the address of the homestead property; and 93 (4) That any improvements made to the homestead, not made to accommodate a disabled 94 person, did not total more than five percent of the prior year appraised value. The applicant shall 95 also include with the application copies of receipts indicating payment of property tax by the 96 applicant for the homestead property for the two prior tax years. 97 5. If application is made in 2005, the assessor, upon request for an application, shall: 98 (1) Certify the parcel number and owner of record as of January first of the homestead, 99 including verification of the acreage classified as residential on the assessor's property record 100 card; 101 (2) Obtain appropriate prior tax year levy codes for each homestead from the county 102 clerks for inclusion on the form; 103 (3) Record on the application the assessed valuation of the homestead for the current tax 104 year, and any new construction or improvements for the current tax year; and 105 (4) Sign the application, certifying the accuracy of the assessor's entries. 106 6. If application is made after 2005, any potential eligible owner may apply for the 107 homestead exemption credit by completing an application. Applications may be completed 108 between April first and October fifteenth of any tax year in order for the taxpayer to be eligible 109 for the homestead exemption credit in the tax year next following the calendar year in which the 110 homestead exemption credit application was completed. The application shall be on forms 111 provided by the department. Forms also shall be made available on the department's internet site HB 1434 103 112 and at all permanent branch offices and all full-time, temporary, or fee offices maintained by the 113 department of revenue. The applicant shall attest under penalty of perjury: 114 (1) To the applicant's age; 115 (2) That the applicant's prior year income was less than the maximum upper limit; 116 (3) To the address of the homestead property; 117 (4) That any improvements made to the homestead, not made to accommodate a disabled 118 person, did not total more than five percent of the prior year appraised value; and 119 (5) The applicant shall also include with the application copies of receipts indicating 120 payment of property tax by the applicant for the homestead property for the three prior tax years. 121 7. Each applicant shall send the application to the department by October fifteenth of 122 each year for the taxpayer to be eligible for the homestead exemption credit in the tax year next 123 following the calendar year in which the application was completed. 124 8. If application is made in 2005, upon receipt of the applications, the department shall 125 calculate the tax liability, adjusted to exclude new construction or improvements, verify 126 compliance with the maximum income limit, verify the age of the applicants, and make 127 adjustments to these numbers as necessary on the applications. The department also shall 128 disallow any application where the applicant has also filed a valid application for the senior 129 citizens property tax credit, pursuant to sections 135.010 to 135.035. Once adjusted tax liability, 130 age, and income are verified, the director shall determine eligibility for the credit, and provide 131 a list of all verified eligible owners to the county collectors or county clerks in counties with a 132 township form of government by December fifteenth of each year. By January fifteenth, the 133 county collectors or county clerks in counties with a township form of government shall provide 134 a list to the department of any verified eligible owners who failed to pay the property tax due for 135 the tax year that ended immediately prior. Such eligible owners shall be disqualified from 136 receiving the credit in the current tax year. 137 9. If application is made after 2005, upon receipt of the applications, the department shall 138 calculate the tax liability, verify compliance with the maximum income limit, verify the age of 139 the applicants, and make adjustments to these numbers as necessary on the applications. The 140 department also shall disallow any application where the applicant also has filed a valid 141 application for the senior citizens property tax credit under sections 135.010 to 135.035. Once 142 adjusted tax liability, age, and income are verified, the director shall determine eligibility for the 143 credit and provide a list of all verified eligible owners to the county assessors or county clerks 144 in counties with a township form of government by December fifteenth of each year. By January 145 fifteenth, the county assessors shall provide a list to the department of any verified eligible 146 owners who made improvements not for accommodation of a disability to the homestead and the 147 dollar amount of the assessed value of such improvements. If the dollar amount of the assessed HB 1434 104 148 value of such improvements totaled more than five percent of the prior year appraised value, 149 such eligible owners shall be disqualified from receiving the credit in the current tax year. 150 10. The director shall calculate the level of appropriation necessary to set the homestead 151 exemption limit at five percent when based on a year of general reassessment or at two and 152 one-half percent when based on a year without general reassessment for the homesteads of all 153 verified eligible owners, and provide such calculation to the speaker of the house of 154 representatives, the president pro tempore of the senate, and the director of the office of budget 155 and planning in the office of administration by January thirty-first of each year. 156 11. For applications made in 2005, the general assembly shall make an appropriation for 157 the funding of the homestead exemption credit that is signed by the governor, then the director 158 shall, by July thirty-first of such year, set the homestead exemption limit. The limit shall be a 159 single, statewide percentage increase to tax liability, rounded to the nearest hundredth of a 160 percent, which, if applied to all homesteads of verified eligible owners who applied for the 161 homestead exemption credit in the immediately prior tax year, would cause all but one-quarter 162 of one percent of the amount of the appropriation, minus any withholding by the governor, to be 163 distributed during that fiscal year. The remaining one-quarter of one percent shall be distributed 164 to the county assessment funds of each county on a proportional basis, based on the number of 165 eligible owners in each county; such one-quarter percent distribution shall be delineated in any 166 such appropriation as a separate line item in the total appropriation. If no appropriation is made 167 by the general assembly during any tax year or no funds are actually distributed pursuant to any 168 appropriation therefor, then no homestead preservation credit shall apply in such year. 169 12. After setting the homestead exemption limit for applications made in 2005, the 170 director shall apply the limit to the homestead of each verified eligible owner and calculate the 171 credit to be associated with each verified eligible owner's homestead, if any. The director shall 172 send a list of those eligible owners who are to receive the homestead exemption credit, including 173 the amount of each credit, the certified parcel number of the homestead, and the address of the 174 homestead property, to the county collectors or county clerks in counties with a township form 175 of government by August thirty-first. Pursuant to such calculation, the director shall instruct the 176 state treasurer as to how to distribute the appropriation and assessment fund allocation to the 177 county collector's funds of each county or the treasurer ex officio collector's fund in counties with 178 a township form of government where recipients of the homestead exemption credit are located, 179 so as to exactly offset each homestead exemption credit being issued, plus the one-quarter of one 180 percent distribution for the county assessment funds. As a result of the appropriation, in no case 181 shall a political subdivision receive more money than it would have received absent the 182 provisions of this section plus the one-quarter of one percent distribution for the county 183 assessment funds. Funds, at the direction of the county collector or the treasurer ex officio HB 1434 105 184 collector in counties with a township form of government, shall be deposited in the county 185 collector's fund of a county or the treasurer ex officio collector's fund or may be sent by mail to 186 the collector of a county, or the treasurer ex officio collector in counties with a township form 187 of government, not later than October first in any year a homestead exemption credit is 188 appropriated as a result of this section and shall be distributed as moneys in such funds are 189 commonly distributed from other property tax revenues by the collector of the county or the 190 treasurer ex officio collector of the county in counties with a township form of government, so 191 as to exactly offset each homestead exemption credit being issued. In counties with a township 192 form of government, the county clerk shall provide the treasurer ex officio collector a summary 193 of the homestead exemption credit for each township for the purpose of distributing the total 194 homestead exemption credit to each township collector in a particular county. 195 13. If, in any given year after 2005, the general assembly shall make an appropriation for 196 the funding of the homestead exemption credit that is signed by the governor, then the director 197 shall determine the apportionment percentage by equally apportioning the appropriation among 198 all eligible applicants on a percentage basis. If no appropriation is made by the general assembly 199 during any tax year or no funds are actually distributed pursuant to any appropriation therefor, 200 then no homestead preservation credit shall apply in such year. 201 14. After determining the apportionment percentage, the director shall calculate the 202 credit to be associated with each verified eligible owner's homestead, if any. The director shall 203 send a list of those eligible owners who are to receive the homestead exemption credit, including 204 the amount of each credit, the certified parcel number of the homestead, and the address of the 205 homestead property, to the county collectors or county clerks in counties with a township form 206 of government by August thirty-first. Pursuant to such calculation, the director shall instruct the 207 state treasurer as to how to distribute the appropriation to the county collector's fund of each 208 county where recipients of the homestead exemption credit are located, so as to exactly offset 209 each homestead exemption credit being issued. As a result of the appropriation, in no case shall 210 a political subdivision receive more money than it would have received absent the provisions of 211 this section. Funds, at the direction of the collector of the county or treasurer ex officio collector 212 in counties with a township form of government, shall be deposited in the county collector's fund 213 of a county or may be sent by mail to the collector of a county, or treasurer ex officio collector 214 in counties with a township form of government, not later than October first in any year a 215 homestead exemption credit is appropriated as a result of this section and shall be distributed as 216 moneys in such funds are commonly distributed from other property tax revenues by the collector 217 of the county or the treasurer ex officio collector of the county in counties with a township form 218 of government, so as to exactly offset each homestead exemption credit being issued. HB 1434 106 219 15. The department shall promulgate rules for implementation of this section. Any rule 220 or portion of a rule, as that term is defined in section 536.010, that is created under the authority 221 delegated in this section shall become effective only if it complies with and is subject to all of 222 the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 223 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 224 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held 225 unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after 226 August 28, 2004, shall be invalid and void. Any rule promulgated by the department shall in no 227 way impact, affect, interrupt, or interfere with the performance of the required statutory duties 228 of any county elected official, more particularly including the county collector when performing 229 such duties as deemed necessary for the distribution of any homestead appropriation and the 230 distribution of all other real and personal property taxes. 231 16. In the event that an eligible owner dies or transfers ownership of the property after 232 the homestead exemption limit has been set in any given year, but prior to January first of the 233 year in which the credit would otherwise be applied, the credit shall be void and any 234 corresponding moneys, pursuant to subsection 12 of this section, shall lapse to the state to be 235 credited to the general revenue fund. In the event the collector of the county or the treasurer ex 236 officio collector of the county in counties with a township form of government determines prior 237 to issuing the credit that the individual is not an eligible owner because the individual did not pay 238 the prior three years' property tax liability in full, the credit shall be void and any corresponding 239 moneys, under subsection 11 of this section, shall lapse to the state to be credited to the general 240 revenue fund. 241 17. This section shall apply to all tax years beginning on or after January 1, 2005. This 242 subsection shall become effective June 28, 2004. 243 18. In accordance with the provisions of sections 23.250 to 23.298 and unless otherwise 244 authorized pursuant to section 23.253: 245 (1) Any new program authorized under the provisions of this section shall automatically 246 sunset six years after the effective date of this section; and 247 (2) This section shall terminate on September first of the year following the year in 248 which any new program authorized under this section is sunset, and the revisor of statutes shall 249 designate such sections and this section in a revision bill for repeal. 143.124. 1. Other provisions of law to the contrary notwithstanding, for tax years ending 2 on or before December 31, 2006, the total amount of all annuities, pensions, or retirement 3 allowances above the amount of six thousand dollars annually provided by any law of this state, 4 the United States, or any other state to any person except as provided in subsection 4 of this 5 section, shall be subject to tax pursuant to the provisions of this chapter, in the same manner, to HB 1434 107 6 the same extent and under the same conditions as any other taxable income received by the 7 person receiving it. For purposes of this section, "annuity, pension, retirement benefit, or 8 retirement allowance" shall be defined as an annuity, pension or retirement allowance provided 9 by the United States, this state, any other state or any political subdivision or agency or 10 institution of this or any other state. For all tax years beginning on or after January 1, 1998, for 11 purposes of this section, annuity, pension or retirement allowance shall be defined to include 12 401(k) plans, deferred compensation plans, self-employed retirement plans, also known as Keogh 13 plans, annuities from a defined pension plan and individual retirement arrangements, also known 14 as IRAs, as described in the Internal Revenue Code, but not including Roth IRAs, as well as an 15 annuity, pension or retirement allowance provided by the United States, this state, any other state 16 or any political subdivision or agency or institution of this or any other state. An individual 17 taxpayer shall only be allowed a maximum deduction equal to the amounts provided under this 18 section for each taxpayer on the combined return. 19 2. For the period beginning July 1, 1989, and ending December 31, 1989, there shall be 20 subtracted from Missouri adjusted gross income for that period, determined pursuant to section 21 143.121, the first three thousand dollars of retirement benefits received by each taxpayer: 22 (1) If the taxpayer's filing status is single, head of household or qualifying widow(er) and 23 the taxpayer's Missouri adjusted gross income is less than twelve thousand five hundred dollars; 24 or 25 (2) If the taxpayer's filing status is married filing combined and their combined Missouri 26 adjusted gross income is less than sixteen thousand dollars; or 27 (3) If the taxpayer's filing status is married filing separately and the taxpayer's Missouri 28 adjusted gross income is less than eight thousand dollars. 29 3. For the tax years beginning on or after January 1, 1990, but ending on or before 30 December 31, 2006, there shall be subtracted from Missouri adjusted gross income, determined 31 pursuant to section 143.121, a maximum of the first six thousand dollars of retirement benefits 32 received by each taxpayer from sources other than privately funded sources, and for tax years 33 beginning on or after January 1, 1998, there shall be subtracted from Missouri adjusted gross 34 income, determined pursuant to section 143.121, a maximum of the first one thousand dollars 35 of any retirement allowance received from any privately funded source for tax years beginning 36 on or after January 1, 1998, but before January 1, 1999, and a maximum of the first three 37 thousand dollars of any retirement allowance received from any privately funded source for tax 38 years beginning on or after January 1, 1999, but before January 1, 2000, and a maximum of the 39 first four thousand dollars of any retirement allowance received from any privately funded source 40 for tax years beginning on or after January 1, 2000, but before January 1, 2001, and a maximum 41 of the first five thousand dollars of any retirement allowance received from any privately funded HB 1434 108 42 source for tax years beginning on or after January 1, 2001, but before January 1, 2002, and a 43 maximum of the first six thousand dollars of any retirement allowance received from any 44 privately funded sources for tax years beginning on or after January 1, 2002. A taxpayer shall 45 be entitled to the maximum exemption provided by this subsection: 46 (1) If the taxpayer's filing status is single, head of household or qualifying widow(er) and 47 the taxpayer's Missouri adjusted gross income is less than twenty-five thousand dollars; or 48 (2) If the taxpayer's filing status is [married] domestic union filing combined and their 49 combined Missouri adjusted gross income is less than thirty-two thousand dollars; or 50 (3) If the taxpayer's filing status is [married] domestic union filing separately and the 51 taxpayer's Missouri adjusted gross income is less than sixteen thousand dollars. 52 4. If a taxpayer's adjusted gross income exceeds the adjusted gross income ceiling for 53 such taxpayer's filing status, as provided in subdivisions (1), (2) and (3) of subsection 3 of this 54 section, such taxpayer shall be entitled to an exemption equal to the greater of zero or the 55 maximum exemption provided in subsection 3 of this section reduced by one dollar for every 56 dollar such taxpayer's income exceeds the ceiling for his or her filing status. 57 5. For purposes of this subsection, the term "maximum Social Security benefit available" 58 shall mean thirty-two thousand five hundred dollars for the tax year beginning on or after January 59 1, 2007, and for each subsequent tax year such amount shall be increased by the percentage 60 increase in the Consumer Price Index for All Urban Consumers, or its successor index, as such 61 index is defined and officially reported by the United States Department of Labor, or its 62 successor agency. For the tax year beginning on or after January 1, 2007, but ending on or before 63 December 31, 2007, there shall be subtracted from Missouri adjusted gross income, determined 64 pursuant to section 143.121, a maximum of an amount equal to the greater of: six thousand 65 dollars in retirement benefits received from sources other than privately funded sources, to the 66 extent such benefits are included in the taxpayer's federal adjusted gross income; or twenty 67 percent of the retirement benefits received from sources other than privately funded sources in 68 the tax year, but not to exceed the maximum Social Security benefit available for such tax year. 69 For the tax year beginning on or after January 1, 2008, but ending on or before December 31, 70 2008, there shall be subtracted from Missouri adjusted gross income, determined pursuant to 71 section 143.121, a maximum of an amount equal to the greater of: six thousand dollars in 72 retirement benefits received from sources other than privately funded sources, to the extent such 73 benefits are included in the taxpayer's federal adjusted gross income; or thirty-five percent of the 74 retirement benefits received from sources other than privately funded sources in the tax year, but 75 not to exceed the maximum Social Security benefit available for such tax year. For the tax year 76 beginning on or after January 1, 2009, but ending on or before December 31, 2009, there shall 77 be subtracted from Missouri adjusted gross income, determined pursuant to section 143.121, a HB 1434 109 78 maximum of an amount equal to the greater of: six thousand dollars in retirement benefits 79 received from sources other than privately funded sources, to the extent such benefits are 80 included in the taxpayer's federal adjusted gross income; or fifty percent of the retirement 81 benefits received from sources other than privately funded sources in the tax year, but not to 82 exceed the maximum Social Security benefit available for such tax year. For the tax year 83 beginning on or after January 1, 2010, but ending on or before December 31, 2010, there shall 84 be subtracted from Missouri adjusted gross income, determined pursuant to section 143.121, a 85 maximum of an amount equal to the greater of: six thousand dollars in retirement benefits 86 received from sources other than privately funded sources, to the extent such benefits are 87 included in the taxpayer's federal adjusted gross income; or sixty-five percent of the retirement 88 benefits received from sources other than privately funded sources in the tax year, but not to 89 exceed the maximum Social Security benefit available for such tax year. For the tax year 90 beginning on or after January 1, 2011, but ending on or before December 31, 2011, there shall 91 be subtracted from Missouri adjusted gross income, determined pursuant to section 143.121, a 92 maximum of an amount equal to the greater of: six thousand dollars in retirement benefits 93 received from sources other than privately funded sources, to the extent such benefits are 94 included in the taxpayer's federal adjusted gross income; or eighty percent of the retirement 95 benefits received from sources other than privately funded sources in the tax year, but not to 96 exceed the maximum Social Security benefit available for such tax year. For all tax years 97 beginning on or after January 1, 2012, there shall be subtracted from Missouri adjusted gross 98 income, determined pursuant to section 143.121, a maximum of an amount equal to one hundred 99 percent of the retirement benefits received from sources other than privately funded sources in 100 the tax year, but not to exceed the maximum Social Security benefit available for such tax year. 101 A taxpayer shall be entitled to the maximum exemption provided by this subsection: 102 (1) If the taxpayer's filing status is [married] domestic union filing combined, and their 103 combined Missouri adjusted gross income is equal to or less than one hundred thousand dollars; 104 or 105 (2) If the taxpayer's filing status is single, head of household, qualifying widow(er), or 106 [married] domestic union filing separately, and the taxpayer's Missouri adjusted gross income 107 is equal to or less than eighty-five thousand dollars. 108 6. If a taxpayer's adjusted gross income exceeds the adjusted gross income ceiling for 109 such taxpayer's filing status, as provided in subdivisions (1) and (2) of subsection 5 of this 110 section, such taxpayer shall be entitled to an exemption, less any applicable reduction provided 111 under subsection 7 of this section, equal to the greater of zero or the maximum exemption 112 provided in subsection 5 of this section reduced by one dollar for every dollar such taxpayer's 113 income exceeds the ceiling for his or her filing status. HB 1434 110 114 7. For purposes of calculating the subtraction provided in subsection 5 of this section, 115 such subtraction shall be decreased by an amount equal to any Social Security benefit exemption 116 provided under section 143.125. 117 8. For purposes of this section, any Social Security benefits otherwise included in 118 Missouri adjusted gross income shall be subtracted; but Social Security benefits shall not be 119 subtracted for purposes of other computations pursuant to this chapter, and are not to be 120 considered as retirement benefits for purposes of this section. 121 9. The provisions of subdivisions (1) and (2) of subsection 3 of this section shall apply 122 during all tax years in which the federal Internal Revenue Code provides exemption levels for 123 calculation of the taxability of Social Security benefits that are the same as the levels in 124 subdivisions (1) and (2) of subsection 3 of this section. If the exemption levels for the 125 calculation of the taxability of Social Security benefits are adjusted by applicable federal law or 126 regulation, the exemption levels in subdivisions (1) and (2) of subsection 3 of this section shall 127 be accordingly adjusted to the same exemption levels. 128 10. The portion of a taxpayer's lump sum distribution from an annuity or other retirement 129 plan not otherwise included in Missouri adjusted gross income as calculated pursuant to this 130 chapter but subject to taxation under Internal Revenue Code Section 402 shall be taxed in an 131 amount equal to ten percent of the taxpayer's federal liability on such distribution for the same 132 tax year. 133 11. For purposes of this section, retirement benefits received shall not include any 134 withdrawals from qualified retirement plans which are subsequently rolled over into another 135 retirement plan. 136 12. The exemptions provided for in this section shall not affect the calculation of the 137 income to be used to determine the property tax credit provided in sections 135.010 to 135.035. 138 13. The exemptions provided for in this section shall apply to any annuity, pension, or 139 retirement allowance as defined in subsection 1 of this section to the extent that such amounts 140 are included in the taxpayer's federal adjusted gross income and not otherwise deducted from the 141 taxpayer's federal adjusted gross income in the calculation of Missouri taxable income. This 142 subsection shall not apply to any individual who qualifies under federal guidelines to be one 143 hundred percent disabled. 144 14. In addition to all other subtractions authorized in this section, for all tax years 145 beginning on or after January 1, 2010, there shall be subtracted from Missouri adjusted gross 146 income, determined under section 143.121, any retirement benefits received by any taxpayer as 147 a result of the taxpayer's service in the Armed Forces of the United States, including reserve 148 components and the National Guard of this state, as defined in Sections 101(3) and 109 of Title 149 32, United States Code, and any other military force organized under the laws of this state, to the HB 1434 111 150 extent such benefits are included in the taxpayer's federal adjusted gross income and not 151 otherwise deducted from the taxpayer's federal adjusted gross income in the calculation of 152 Missouri taxable income. Such retirement benefits shall be subtracted as provided in the 153 following schedule: 154 (1) For the tax year beginning on January 1, 2010, fifteen percent of such retirement 155 benefits; 156 (2) For the tax year beginning on January 1, 2011, thirty percent of such retirement 157 benefits; 158 (3) For the tax year beginning on January 1, 2012, forty-five percent of such retirement 159 benefits; 160 (4) For the tax year beginning on January 1, 2013, sixty percent of such retirement 161 benefits; 162 (5) For the tax year beginning on January 1, 2014, seventy-five percent of such 163 retirement benefits; 164 (6) For the tax year beginning on January 1, 2015, ninety percent of such retirement 165 benefits; 166 (7) For tax years beginning on or after January 1, 2016, one hundred percent of such 167 retirement benefits. 143.125. 1. As used in this section, the following terms mean: 2 (1) "Benefits", any Social Security benefits received by a taxpayer age sixty-two years 3 of age and older, or Social Security disability benefits; 4 (2) "Taxpayer", any resident individual. 5 2. For the taxable year beginning on or after January 1, 2007, any taxpayer shall be 6 allowed to subtract from the taxpayer's Missouri adjusted gross income to determine Missouri 7 taxable income a maximum of an amount equal to twenty percent of the amount of any benefits 8 received by the taxpayer and that are included in federal adjusted gross income under Section 86 9 of the Internal Revenue Code of 1986, as amended. For the taxable year beginning on or after 10 January 1, 2008, any taxpayer shall be allowed to subtract from the taxpayer's Missouri adjusted 11 gross income to determine Missouri taxable income a maximum of an amount equal to thirty-five 12 percent of the amount of any benefits received by the taxpayer and that are included in federal 13 adjusted gross income under Section 86 of the Internal Revenue Code of 1986, as amended. For 14 the taxable year beginning on or after January 1, 2009, any taxpayer shall be allowed to subtract 15 from the taxpayer's Missouri adjusted gross income to determine Missouri taxable income a 16 maximum of an amount equal to fifty percent of the amount of any benefits received by the 17 taxpayer and that are included in federal adjusted gross income under Section 86 of the Internal 18 Revenue Code of 1986, as amended. For the taxable year beginning on or after January 1, 2010, HB 1434 112 19 any taxpayer shall be allowed to subtract from the taxpayer's Missouri adjusted gross income to 20 determine Missouri taxable income a maximum of an amount equal to sixty-five percent of the 21 amount of any benefits received by the taxpayer and that are included in federal adjusted gross 22 income under Section 86 of the Internal Revenue Code of 1986, as amended. For the taxable 23 year beginning on or after January 1, 2011, any taxpayer shall be allowed to subtract from the 24 taxpayer's Missouri adjusted gross income to determine Missouri taxable income a maximum 25 of an amount equal to eighty percent of the amount of any benefits received by the taxpayer and 26 that are included in federal adjusted gross income under Section 86 of the Internal Revenue Code 27 of 1986, as amended. For all taxable years beginning on or after January 1, 2012, any taxpayer 28 shall be allowed to subtract from the taxpayer's Missouri adjusted gross income to determine 29 Missouri taxable income a maximum of an amount equal to one hundred percent of the amount 30 of any benefits received by the taxpayer and that are included in federal adjusted gross income 31 under Section 86 of the Internal Revenue Code of 1986, as amended. A taxpayer shall be 32 entitled to the maximum exemption provided by this subsection: 33 (1) If the taxpayer's filing status is [married] domestic union filing combined, and their 34 combined Missouri adjusted gross income is equal to or less than one hundred thousand dollars; 35 or 36 (2) If the taxpayer's filing status is single, head of household, qualifying widow(er), or 37 [married] domestic union filing separately, and the taxpayer's Missouri adjusted gross income 38 is equal to or less than eighty-five thousand dollars. 39 3. If a taxpayer's adjusted gross income exceeds the adjusted gross income ceiling for 40 such taxpayer's filing status, as provided in subdivisions (1) and (2) of subsection 2 of this 41 section, such taxpayer shall be entitled to an exemption equal to the greater of zero or the 42 maximum exemption provided in subsection 2 of this section reduced by one dollar for every 43 dollar such taxpayer's income exceeds the ceiling for his or her filing status. 44 4. The director of the department of revenue may promulgate rules to implement the 45 provisions of this section. Any rule or portion of a rule, as that term is defined in section 46 536.010, that is created under the authority delegated in this section shall become effective only 47 if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 48 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the 49 general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove 50 and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority 51 and any rule proposed or adopted after August 28, 2007, shall be invalid and void. 143.161. 1. For all taxable years beginning after December 31, 1997, a resident may 2 deduct one thousand two hundred dollars for each dependent for whom such resident is entitled 3 to a dependency exemption deduction for federal income tax purposes. In the case of a HB 1434 113 4 dependent who has attained sixty-five years of age on or before the last day of the taxable year, 5 if such dependent resides in the taxpayer's home or the dependent's own home or if such 6 dependent does not receive Medicaid or state funding while residing in a facility licensed 7 pursuant to chapter 198, the taxpayer may deduct an additional one thousand dollars. 8 2. For all taxable years beginning on or after January 1, 1999, a resident who qualifies 9 as [an unmarried] a head of household who is not a party to a contract of domestic union or 10 as a surviving spouse for federal income tax purposes may deduct an additional one thousand 11 four hundred dollars. 12 3. For all taxable years beginning on or after January 1, 2015, for each birth for which 13 a certificate of birth resulting in stillbirth has been issued under section 193.165, a taxpayer may 14 claim the exemption under subsection 1 of this section only in the taxable year in which the 15 stillbirth occurred, if the child otherwise would have been a member of the taxpayer's household. 166.435. 1. Notwithstanding any law to the contrary, the assets of the savings program 2 held by the board, the assets of any deposit program authorized in section 166.500, and the assets 3 of any qualified tuition savings program established pursuant to Section 529 of the Internal 4 Revenue Code and any income therefrom shall be exempt from all taxation by the state or any 5 of its political subdivisions. Income earned or received from the savings program, deposit, or 6 other qualified tuition savings programs established under Section 529 of the Internal Revenue 7 Code [program], or refunds of qualified higher education expenses received by a beneficiary 8 from an eligible educational institution in connection with withdrawal from enrollment at such 9 institution which are contributed within sixty days of withdrawal to a qualified tuition savings 10 program of which such individual is a beneficiary shall not be subject to state income tax 11 imposed pursuant to chapter 143 and shall be eligible for any benefits provided in accordance 12 with Section 529 of the Internal Revenue Code. The exemption from taxation pursuant to this 13 section shall apply only to assets and income maintained, accrued, or expended pursuant to the 14 requirements of the savings program established pursuant to sections 166.400 to 166.455, the 15 deposit program established pursuant to sections 166.500 to 166.529, and other qualified tuition 16 savings programs established under Section 529 of the Internal Revenue Code, and no exemption 17 shall apply to assets and income expended for any other purposes. Annual contributions made 18 to the savings program held by the board, the deposit program, and any qualified tuition savings 19 program established under Section 529 of the Internal Revenue Code up to and including eight 20 thousand dollars per participating taxpayer, and up to sixteen thousand dollars for [married 21 individuals] parties to a contract of domestic union filing a joint tax return, shall be subtracted 22 in determining Missouri adjusted gross income pursuant to section 143.121. 23 2. If any deductible contributions to or earnings from any such program referred to in this 24 section are distributed and not used to pay qualified higher education expenses or are not held HB 1434 114 25 for the minimum length of time established by the appropriate Missouri board, the amount so 26 distributed shall be added to the Missouri adjusted gross income of the participant, or, if the 27 participant is not living, the beneficiary. 28 3. The provisions of this section shall apply to tax years beginning on or after January 29 1, 2008, and the provisions of this section with regard to sections 166.500 to 166.529 shall apply 30 to tax years beginning on or after January 1, 2004. 31 4. The repeal and reenactment of this section shall become effective only upon 32 notification by the State Treasurer to the Revisor of Statutes of the passage of H.R. 529 of the 33 114th United States Congress. 166.435. 1. Notwithstanding any law to the contrary, the assets of the savings program 2 held by the board, the assets of any deposit program authorized in section 166.500, and the assets 3 of any qualified tuition savings program established pursuant to Section 529 of the Internal 4 Revenue Code and any income therefrom shall be exempt from all taxation by the state or any 5 of its political subdivisions. Income earned or received from the savings program, deposit, or 6 other qualified tuition savings programs established under Section 529 of the Internal Revenue 7 Code [program] shall not be subject to state income tax imposed pursuant to chapter 143 and 8 shall be eligible for any benefits provided in accordance with Section 529 of the Internal 9 Revenue Code. The exemption from taxation pursuant to this section shall apply only to assets 10 and income maintained, accrued, or expended pursuant to the requirements of the savings 11 program established pursuant to sections 166.400 to 166.455, the deposit program established 12 pursuant to sections 166.500 to 166.529, and other qualified tuition savings programs established 13 under Section 529 of the Internal Revenue Code, and no exemption shall apply to assets and 14 income expended for any other purposes. Annual contributions made to the savings program 15 held by the board, the deposit program, and any qualified tuition savings program established 16 under Section 529 of the Internal Revenue Code up to and including eight thousand dollars per 17 participating taxpayer, and up to sixteen thousand dollars for [married individuals] parties to a 18 contract of domestic union filing a joint tax return, shall be subtracted in determining Missouri 19 adjusted gross income pursuant to section 143.121. 20 2. If any deductible contributions to or earnings from any such program referred to in this 21 section are distributed and not used to pay qualified higher education expenses or are not held 22 for the minimum length of time established by the appropriate Missouri board, the amount so 23 distributed shall be added to the Missouri adjusted gross income of the participant, or, if the 24 participant is not living, the beneficiary. 25 3. The provisions of this section shall apply to tax years beginning on or after January 26 1, 2008, and the provisions of this section with regard to sections 166.500 to 166.529 shall apply 27 to tax years beginning on or after January 1, 2004. HB 1434 115 169.075. 1. Certain survivors specified in this section and meeting the requirements of 2 this section may elect to forfeit any payments payable pursuant to subsection 3 or 6 of section 3 169.070 and to receive certain other benefits described in this section upon the death of a 4 member prior to retirement, except retirement with disability benefits, whose period of creditable 5 service in districts included in the retirement system is (1) five years or more, or (2) two years 6 but less than five years and who dies (a) while teaching in a district included in the retirement 7 system, or (b) as a result of an injury or sickness incurred while teaching in such a district and 8 within one year of the commencement of such injury or sickness, or (c) while eligible for a 9 disability retirement allowance hereunder. 10 2. Upon an election pursuant to subsection 1 of this section, a surviving spouse sixty 11 years of age, or upon attainment of age sixty, or a surviving spouse who has been totally and 12 permanently disabled for not less than five years immediately preceding the death of a member 13 if designated as the sole beneficiary, and if [married to] a party to a contract of domestic union 14 with the member at least three years, and if living with such member at the time of the member's 15 death, shall be entitled to a monthly payment equal to twenty percent of one-twelfth of the annual 16 salary rate on which the member contributed for the member's last full year of creditable service 17 as a teacher in a district included in the retirement system until death or recovery prior to age 18 sixty from the disability which qualified the spouse for the benefit, whichever first occurs; 19 provided that the monthly payment shall not be less than five hundred seventy-five dollars or 20 more than eight hundred sixty dollars. A surviving spouse, who is eligible for benefits pursuant 21 to this subsection and also pursuant to subsection 3 of this section may receive benefits only 22 pursuant to subsection 3 of this section as long as the surviving spouse remains eligible pursuant 23 to both subsections, but shall not be disqualified for the benefit provided in this subsection 24 because the surviving spouse may have received payments pursuant to subsection 3 of this 25 section. Beginning August 28, 2001, a surviving spouse who otherwise meets the requirements 26 of this subsection but who [remarried] became a party to a new contract of domestic union 27 prior to August 28, 1995, shall be entitled, upon an election pursuant to subsection 1 of this 28 section, to any remaining benefits that would otherwise have been received had the surviving 29 spouse not [remarried] become a party to a new contract of domestic union before the change 30 in law permitting [remarried] surviving spouses who become a party to a new contract of 31 domestic union to continue receiving benefits. Such surviving spouses may, upon application, 32 become special consultants whose benefit will be to receive the remaining benefits described in 33 this subsection. No benefit shall be paid to such surviving spouse unless he or she files a valid 34 application for such benefit with the retirement system postmarked on or before June 30, 2002. 35 In no event shall any retroactive benefits be paid. HB 1434 116 36 3. Upon an election pursuant to subsection 1 of this section, a surviving spouse, if 37 designated as the sole beneficiary, who has in the surviving spouse's care a dependent 38 [unmarried] child who is not a party of a contract of domestic union, including a stepchild or 39 adopted child, of the deceased member, under eighteen years of age, shall be entitled to a 40 monthly payment equal to twenty percent of one-twelfth of the annual salary rate on which the 41 member contributed for the member's last full year of creditable service as a teacher in a district 42 included in the retirement system until the surviving spouse's death, or the first date when no 43 such dependent [unmarried] child who is not a party of a contract of domestic union under 44 age eighteen, or age twenty-four if the child is enrolled in school on a full-time basis, remains 45 in the surviving spouse's care, whichever first occurs; provided that the monthly payment shall 46 not be less than five hundred seventy-five dollars or more than eight hundred sixty dollars. In 47 addition the surviving spouse shall be entitled to a monthly payment equal to one-half this 48 amount, provided that the monthly payment shall not be less than three hundred dollars, for each 49 such dependent [unmarried] child who is not a party of a contract of domestic union under 50 eighteen years of age, or age twenty-four if the child is enrolled in school on a full-time basis, 51 who remains in the surviving spouse's care. Further, in addition to the monthly payment to the 52 surviving spouse as provided for in this subsection, each dependent [unmarried] child who is not 53 a party of a contract of domestic union under the age of eighteen years of the deceased 54 member not in the care of such surviving spouse shall be entitled to a monthly payment equal 55 to one-half of the surviving spouse's monthly payment which shall be paid to the child's primary 56 custodial parent or legal guardian; provided that the payment because of [an unmarried] a 57 dependent child who is not a party of a contract of domestic union shall be made until the 58 child attains age twenty-four if the child is enrolled in school on a full-time basis; provided, 59 however, that the total of all monthly payments to the surviving spouse, primary custodial parent 60 or legal guardian, including payments for such dependent [unmarried] children who are not 61 parties of a contract of domestic union, shall in no event exceed two thousand one hundred 62 sixty dollars, the amount of the children's share to be allocated equally as to each dependent 63 [unmarried] child who is not a party of a contract of domestic union eligible to receive 64 payments pursuant to this subsection. 65 4. Upon an election pursuant to subsection 1 of this section if the designated beneficiary 66 is a dependent [unmarried] child who is not a party of a contract of domestic union as defined 67 in this section or automatically upon the death of a surviving spouse receiving benefits pursuant 68 to subsection 3 of this section, each surviving dependent [unmarried] child who is not a party 69 of a contract of domestic union, including a stepchild or adopted child, of the deceased 70 member, under eighteen years of age, or such a child under age twenty-four if the child is 71 enrolled in school on a full-time basis, shall be entitled to a monthly payment equal to sixteen HB 1434 117 72 and two-thirds percent of one-twelfth of the annual salary rate on which the member contributed 73 for the member's last full year of creditable service as a teacher in a district included in the 74 retirement system until death, [marriage] a contract of domestic union, adoption, or attainment 75 of age eighteen or age twenty-four if enrolled in school on a full-time basis, whichever first 76 occurs; provided that the monthly payment shall not be less than five hundred dollars or more 77 than seven hundred twenty dollars, and provided further that any child of the deceased member 78 who is disabled before attainment of age eighteen because of a physical or mental impairment 79 which renders the child unable to engage in any substantial gainful activity and which disability 80 continues after the child has attained age eighteen shall be entitled to a like monthly payment, 81 until death, [marriage] a contract of domestic union, adoption, or recovery from the disability, 82 whichever first occurs; provided, however, that the total of all monthly payments to the surviving 83 dependent [unmarried] children who are not parties to a contract of domestic union shall in 84 no event exceed two thousand one hundred sixty dollars. 85 5. In lieu of receiving any benefit or lump sum from the retirement system, the 86 designated beneficiary may elect under subsection 1 of this section to direct that each surviving 87 dependent [unmarried] child who is not a party to a contract of domestic union, including a 88 stepchild or adopted child, of the deceased member, under eighteen years of age, or such a child 89 under age twenty-four if the child is enrolled in school on a full-time basis, shall be entitled to 90 a monthly payment equal to sixteen and two-thirds percent of one-twelfth of the annual salary 91 rate on which the member contributed for the member's last full year of creditable service as a 92 teacher in a district included in the retirement system until death, [marriage] a contract of 93 domestic union, adoption, or attainment of age eighteen or age twenty-four if enrolled in school 94 on a full-time basis, whichever first occurs; provided that the monthly payment shall not be less 95 than five hundred dollars or more than seven hundred twenty dollars, and provided further that 96 any child of the deceased member who is disabled before attainment of age eighteen because of 97 a physical or mental impairment which renders the child unable to engage in any substantial 98 gainful activity and which disability continues after the child has attained age eighteen shall be 99 entitled to a like monthly payment, until death, [marriage] a contract of a domestic union, 100 adoption, or recovery from the disability, whichever first occurs; provided, however, that the 101 total of all monthly payments to the surviving dependent [unmarried] children who are not 102 parties to a contract of domestic union shall in no event exceed two thousand one hundred 103 sixty dollars. 104 6. Upon an election pursuant to subsection 1 of this section, a surviving dependent parent 105 of the deceased member, over sixty-five years of age or upon attainment of age sixty-five if 106 designated as the sole beneficiary, provided such dependent parent was receiving at least one-half 107 of the parent's support from such member at the time of the member's death and provided the HB 1434 118 108 parent files proof of such support within two years of such death, shall be entitled to a monthly 109 payment equal to sixteen and two-thirds percent of one-twelfth of the annual salary rate on which 110 the member contributed for the member's last full year as a teacher in a district included in the 111 retirement system until death; provided that the monthly payment shall not be less than five 112 hundred dollars or more than seven hundred twenty dollars. If the other parent also is a 113 dependent, as [defined] described in this section, the same amount shall be paid to each until 114 death. 115 7. All else in this section to the contrary notwithstanding, a survivor may not be eligible 116 to benefit pursuant to this section because of more than one terminated membership, and be it 117 further provided that the board of trustees shall determine and decide all questions of doubt as 118 to what constitutes dependency within the meaning of this section. 119 8. The provisions added to subsection 3 of this section in 1991 are intended to clarify the 120 scope and meaning of this section as originally enacted and shall be applied in all cases in which 121 such an election has occurred or will occur. 122 9. After July 1, 2000, all benefits payable pursuant to subsections 1 to 8 of this section 123 shall be payable to eligible current and future survivor beneficiaries in accordance with this 124 section. 125 10. The system shall pay a monthly retirement allowance for the month in which a retired 126 member, beneficiary or survivor receiving a retirement allowance or survivor benefit dies. 127 11. If the total of all payments made under this section is less than the total of the 128 member's accumulated contributions, the difference shall be paid to the person making the 129 election under subsection 1 of this section. If such person does not survive until all payments 130 are made under this section, such difference shall be paid in accordance with section 169.076. 169.076. 1. If a member dies before service retirement and is not survived by a 2 beneficiary under a valid beneficiary designation filed with the retirement system or all 3 designated beneficiaries have disclaimed the right to receive benefits from the retirement system, 4 the following individuals shall be deemed to be the member's designated beneficiaries, in the 5 following order of precedence, for the purpose of making an election and receiving benefits 6 under paragraph (a) or (b) of subdivision (2) of subsection 3 of section 169.070 or section 7 169.075: 8 (1) Surviving spouse at the time of the member's death; 9 (2) Surviving children eligible to receive benefits under section 169.075 at the time of 10 the member's death, share and share alike; 11 (3) Surviving children not eligible to receive benefits under section 169.075 at the time 12 of the member's death, share and share alike; HB 1434 119 13 (4) Surviving dependent parents eligible for a benefit under section 169.075 at the time 14 of the member's death, share and share alike; 15 (5) Surviving parents, share and share alike; 16 (6) Estate. 17 2. The member's most recent valid designation of a beneficiary received by the 18 retirement system prior to the member's death revokes all previous designations in their entirety. 19 The member's [marriage] contract of domestic union, divorce, withdrawal of accumulated 20 contributions, or the birth of the member's child, or the member's adoption of a child, shall result 21 in an automatic revocation of the member's previous designation in its entirety upon the 22 retirement system receiving actual notice of such event before or after the member's death and 23 prior to any payments being made under the provisions of this chapter. This section applies to 24 all beneficiary designations filed with the retirement system before or after August 28, 2005, 25 under which payments have not been made under this chapter. This section shall not apply to 26 the member's designation of a beneficiary to receive a monthly benefit upon the death of the 27 member under subdivision (1) of subsection 3 of section 169.070. 169.141. 1. Any person receiving a retirement allowance under sections 169.010 to 2 169.140, and who elected a reduced retirement allowance under subsection 3 of section 169.070 3 with his or her spouse as the nominated beneficiary, may nominate a successor beneficiary under 4 either of the following circumstances: 5 (1) If the nominated beneficiary precedes the retired person in death, the retired person 6 may, upon [remarriage] becoming a party to a new contract of domestic union, nominate the 7 new spouse under the same option elected in the application for retirement; 8 (2) If the [marriage] contract of domestic union of the retired person and the nominated 9 beneficiary is dissolved, and if the dissolution decree provides for sole retention by the retired 10 person of all rights in the retirement allowance, the retired person may, upon [remarriage] 11 becoming a party to a new contract of domestic union, nominate the new spouse under the 12 same option elected in the application for retirement. 13 2. Any nomination of a successor beneficiary under subdivision (1) or (2) of subsection 14 1 of this section must be made in accordance with procedures established by the board of 15 trustees, and must be filed within ninety days of May 6, 1993, or within one year of the 16 [remarriage] becoming a party to a new contract of domestic union, whichever later occurs. 17 Upon receipt of a successor nomination filed in accordance with those procedures, the board 18 shall adjust the retirement allowance to reflect actuarial considerations of that nomination as well 19 as previous beneficiary and successor beneficiary nominations. 20 3. Any person receiving a retirement allowance under sections 169.010 to 169.140 who 21 elected a reduced retirement allowance under subsection 3 of section 169.070 with his or her HB 1434 120 22 spouse as the nominated beneficiary may have the retirement allowance increased to the amount 23 the retired member would be receiving had the retired member elected option 1 if: 24 (1) The marriage of the retired person and the nominated spouse is dissolved on or after 25 September 1, 2017; 26 (2) The dissolution decree provides for sole retention by the retired person of all rights 27 in the retirement allowance; and 28 (3) The person receives a retirement allowance under subsection 3 of section 169.070. 29 30 Any such increase in the retirement allowance shall be effective upon the receipt of an 31 application for such increase and a certified copy of the decree of dissolution that meets the 32 requirements of this section. 169.460. 1. Any member may retire and receive a normal pension upon his or her 2 written application to the board of trustees setting forth at what time not less than fifteen days 3 nor more than one hundred eighty days subsequent to the execution and filing of such application 4 he or she desires to be retired; provided, that the member at the time so specified for his or her 5 retirement either (a) shall have attained age sixty-five or (b) shall have attained an age which 6 when added to the number of years of credited service of such member shall total a sum not less 7 than eighty. For purposes of computing any member’s age under this section, the board shall, 8 if necessary, add to his or her actual age any accumulated and unused days of sick leave included 9 in his or her credited service. 10 2. Upon retirement under subsection 1 of this section, a member shall receive an annual 11 pension payable in monthly installments in the following manner: 12 (1) A member hired prior to January 1, 2018, shall receive an annual pension payable 13 in monthly installments equal to his or her number of years of credited service multiplied by two 14 percent of his or her average final compensation subject to a maximum pension of sixty percent 15 of his or her average final compensation; or 16 (2) A member hired for the first time on or after January 1, 2018, shall receive an annual 17 pension payable in monthly installments equal to his or her number of years of credited service 18 multiplied by one and three-fourths percent of such member’s average final compensation 19 subject to a maximum pension of sixty percent of the member’s average final compensation. 20 3. A member who is not eligible for normal pension pursuant to subsection 1 of this 21 section but who has attained age sixty and has five or more years of credited service may make 22 application in the same manner as pursuant to subsection 1 of this section for an early pension. 23 His or her early pension shall be computed pursuant to subsection 2 of this section, but shall be 24 reduced by five-ninths of one percent for each month such member’s early retirement date HB 1434 121 25 precedes the earliest date he or she could have received a normal pension pursuant to subsection 26 1 of this section had his or her service continued. 27 4. Upon the written application of the member or of the employing board, any active 28 member who has five or more years of credited service with such board and does not qualify for 29 a normal pension pursuant to subsection 1 of this section may be retired by the board of trustees, 30 not less than fifteen days and not more than one hundred eighty days next following the date of 31 filing such application, and receive a disability pension, provided, that the medical board after 32 a medical examination of such member or such member’s medical records shall certify that such 33 member is unable to further perform his or her duties due to mental or physical incapacity, and 34 that such incapacity is likely to be permanent and that such member should be retired; or, 35 provided the member furnishes evidence of the receipt of disability benefits under the federal Old 36 Age, Survivors and Disability Insurance System of the Social Security Act. The determination 37 of the board of trustees in the matter shall be final and conclusive. A member being retired 38 pursuant to this subsection who has accumulated unused vacation and sick leave may elect to 39 have the commencement of his or her disability pension deferred for more than one hundred 40 eighty days during the period he or she is entitled to vacation and sick pay. 41 5. Upon retirement for disability, a member shall receive a disability pension until such 42 time as he or she meets the requirements for a normal pension pursuant to subsection 1 of this 43 section, at which time his or her disability pension will be deemed to be a normal pension. The 44 member’s disability pension shall be the larger of: 45 (1) A normal pension based on his or her credited service to the date of his or her 46 retirement for disability and calculated as if he or she were age sixty-five; or 47 (2) One-fourth of his or her average final compensation; except that such benefit shall 48 not exceed the normal pension which he or she would have received upon retirement if his or her 49 service had continued and he or she had satisfied the eligibility requirements of subsection 1 of 50 this section and had his or her final average compensation been unchanged. 51 6. Once each year during the first five years following retirement for disability and once 52 in every three-year period thereafter while receiving a disability pension, the board of trustees 53 may, and shall, require any member receiving a disability pension who has not yet become 54 eligible for a normal pension pursuant to subsection 1 of this section to undergo a medical 55 examination at a place designated by the medical board or by a physician or physicians 56 designated by such board. If any such member receiving a disability pension refuses to submit 57 to such medical examination, his or her benefit may be discontinued until his or her withdrawal 58 of such refusal, and if his or her refusal continues for one year, all rights in and to his or her 59 pension may be revoked by the board of trustees. HB 1434 122 60 7. If the board of trustees finds that any member receiving a disability pension is engaged 61 in or is able to engage in a gainful occupation paying more than the difference between his or her 62 disability pension plus benefits, if any, to which he or she and his or her family are eligible under 63 the federal Old Age, Survivors and Disability Insurance System of the Social Security Act and 64 the current rate of monthly compensation for the position he or she held at retirement, then the 65 amount of his or her disability pension shall be reduced to an amount which together with the 66 amount earnable by him or her shall equal such current rate of monthly compensation. The 67 decisions of the board of trustees in regard to such modification of disability benefits shall be 68 final and conclusive. 69 8. If any member receiving a disability pension is restored to service as an employee, he 70 or she shall again become an active member of the retirement system and contribute thereunder. 71 His or her credited service at the time of his or her retirement for disability shall be restored and 72 the excess of his or her accumulated contributions at his or her retirement for disability over the 73 total disability pension payments which he or she received shall be credited to his or her account. 74 9. If a member with fewer than five years credited service ceases to be an employee, 75 except by death, he or she shall be paid the amount of his or her accumulated contributions in 76 accordance with applicable provisions of the Internal Revenue Code. 77 10. If a member with five years or more credited service ceases to be an employee, 78 except by death or retirement, he or she shall be paid on demand the amount of his or her 79 accumulated contributions, or he or she may leave his or her accumulated contributions with the 80 retirement system and be an inactive member and claim a retirement benefit at any time after he 81 or she reaches the minimum age for retirement, except that if such a member’s accumulated 82 contributions do not exceed the involuntary distribution limits under provisions of the Internal 83 Revenue Code, the member must elect to become an inactive member within thirty days of 84 employment separation to avoid application of the involuntary distribution provisions of the 85 Internal Revenue Code. When an inactive member presents his or her valid claim to the board 86 of trustees, he or she shall be granted a benefit at such time and for such amount as is available 87 pursuant to subsection 2 or 3 of this section in accordance with the provisions of law in effect 88 at the time his or her active membership ceased. The accumulated contributions of an inactive 89 member may be withdrawn at any time upon ninety days’ notice or such shorter notice as is 90 approved by the board of trustees. If an inactive member dies before retirement, his or her 91 accumulated contributions shall be paid to his or her designated beneficiary, if living, otherwise 92 to the estate of the member. A member’s accumulated contributions shall not be paid to him or 93 her so long as he or she remains in service as an employee. 94 11. Any member upon retirement shall receive his or her pension payable throughout life 95 subject to the provision that if his or her death occurs before he or she has received total benefits HB 1434 123 96 at least as large as his or her accumulated contributions at retirement, the difference shall be paid 97 in one sum to his or her designated beneficiary, if living, otherwise to the estate of the retired 98 member. 99 12. Prior to the date of retirement pursuant to subsection 2, 3, or 4 of this section, a 100 member may elect to receive the actuarial equivalent of his or her pension in a lesser amount, 101 payable throughout life under one of the following options with the provision that: 102 103 Option 1. 104 Upon his or her death, his or her pension shall be continued throughout the life of and paid 105 to his or her beneficiary, or 106 107 Option 2. 108 Upon his or her death, one-half of his or her pension shall be continued throughout the life 109 of and paid to his or her beneficiary, or 110 111 Option 3. 112 Upon his or her death, his or her pension shall be continued throughout the life of and paid 113 to his or her beneficiary, provided that in the event his or her designated beneficiary predeceases 114 him or her, then his or her pension shall be adjusted effective the first day of the month following 115 the month in which his or her designated beneficiary died to the amount determined pursuant to 116 subsection 2 or 3 of this section at the time of his or her retirement, or 117 118 Option 4. 119 Upon his or her death, one-half of his or her pension shall be continued throughout the life 120 of and paid to his or her beneficiary, provided that in the event his or her designated beneficiary 121 predeceases him or her, then his or her pension shall be adjusted effective the first day of the 122 month following the month in which his or her designated beneficiary died to the amount 123 determined pursuant to subsection 2 or 3 of this section at the time of his or her retirement. 124 125 Option 5. 126 Prior to age sixty-two the member will receive an increased pension, where the total pension 127 prior to age sixty-two is approximately equal to the pension after age sixty-two plus the 128 member’s estimated federal Social Security benefit, provided that the reduced pension after age 129 sixty-two is not less than one-half the pension the member could have received had no option 130 been elected. 131 HB 1434 124 132 A member may elect a combination of option l and option 5, or option 2 and option 5. The 133 survivor benefits payable to a beneficiary, other than the spouse of the retired member, under any 134 of the foregoing options shall in no event exceed fifty percent of the actuarial equivalent of the 135 pension determined pursuant to subsection 2 or 3 of this section at the time of retirement. 136 13. If an option has been elected pursuant to subsection 12 of this section, and both the 137 retired member and beneficiary die before receiving total benefits as large as the member’s 138 accumulated contributions at retirement, the difference shall be paid to the designated beneficiary 139 of the person last entitled to benefits, if living, otherwise to the estate of the person last entitled 140 to benefits. 141 14. If an active member dies while an employee and with five or more years of credited 142 service and a dependent of the member is designated as beneficiary to receive his or her 143 accumulated contributions, such beneficiary may, in lieu thereof, request that benefits be paid 144 under option 1, subsection 12 of this section, as if the member had attained age sixty, if the 145 member was less than sixty years of age at the time of his or her death, and had retired under 146 such option as of the date of death, provided that under the same circumstances a member may 147 provide by written designation that benefits must be paid pursuant to option 1 to such 148 beneficiary. In addition to benefits received under option 1, subsection 12 of this section, a 149 surviving spouse receiving benefits under this subsection shall receive sixty dollars per month 150 for each [unmarried dependent] child who is not a party to a contract of domestic union of 151 the deceased member who is under twenty-two years of age and is in the care of the surviving 152 spouse; provided, that if there are more than three such [unmarried dependent] children who are 153 not parties to a contract of domestic union one hundred eighty dollars shall be divided equally 154 among them. A “dependent beneficiary” for the purpose of this subsection only shall mean 155 either the surviving spouse or a person who at the time of the death of the member was receiving 156 at least one-half of his or her support from the member, and the determination of the board of 157 trustees as to whether a person is a dependent shall be final. 158 15. In lieu of accepting the payment of the accumulated contributions of a member who 159 dies after having at least eighteen months of credited service and while an employee, an eligible 160 beneficiary or, if no surviving eligible beneficiary, the [unmarried dependent] children who are 161 not parties to a contract of domestic union of the member under twenty-two years of age may 162 elect to receive the benefits pursuant to subdivision (1), (2), (3), or (4) of this subsection. An 163 “eligible beneficiary” is the surviving spouse, [unmarried dependent] children who are not 164 parties to a contract of domestic union under twenty-two years of age or dependent parents of 165 the member, if designated as beneficiary. A “dependent” is one receiving at least one-half of his 166 or her support from the member at his or her death. HB 1434 125 167 (1) A surviving spouse who is sixty-two years of age at the death of the member or upon 168 becoming such age thereafter, and who was [married to] a party to a contract of domestic 169 union with the member at least one year, may receive sixty dollars per month for life. A spouse 170 may receive this benefit after receiving benefits pursuant to subdivision (2) of this subsection. 171 (2) A surviving spouse who has in his or her care [an unmarried] a dependent child who 172 is not a party to a contract of domestic union of the deceased member under twenty-two years 173 of age may receive sixty dollars per month plus sixty dollars per month for each child under 174 twenty-two years of age but not more than a total of two hundred forty dollars per month. 175 (3) If no benefits are payable pursuant to subdivision (2) of this subsection, [unmarried] 176 dependent children who are not parties to a contract of domestic union under the age of 177 twenty-two may receive sixty dollars each per month; provided that if there are more than three 178 such children one hundred eighty dollars per month shall be divided equally among them. 179 (4) A dependent parent upon attaining sixty-two years of age may receive sixty dollars 180 per month as long as not [remarried] a party to a new contract of domestic union provided no 181 benefits are payable at any time pursuant to subdivision (1), (2), or (3) of this subsection. If there 182 are two dependent parents entitled to benefits, sixty dollars per month shall be divided equally 183 between them. 184 (5) If the benefits pursuant to this subsection are elected and the total amount paid is less 185 than an amount equal to the accumulated contributions of a member at his or her death, the 186 difference shall be payable to the beneficiary or the estate of the beneficiary last entitled to 187 benefits. 188 16. If a member receiving a normal pension again becomes an active member, his or her 189 pension benefit payments shall cease during such membership and shall be resumed upon 190 subsequent retirement together with such pension benefit as shall accrue by reason of his or her 191 latest period of membership. Except as otherwise provided in section 105.269, a retired member 192 may not receive a pension benefit for any month for which he or she receives compensation from 193 an employing board, except he or she may serve as a part-time or temporary employee for not 194 to exceed sixty days in any calendar year without becoming a member and without having his 195 or her pension benefit discontinued. A retired member may also serve as a member of the board 196 of trustees and receive any reimbursement for expenses allowed him or her because of such 197 service without becoming an active member and without having his or her pension benefit 198 discontinued or reduced. 199 17. Upon approval of the board of trustees, any member may make contributions in 200 addition to those required. Any additional contributions shall be accumulated at interest and paid 201 in addition to the benefits provided hereunder. The board of trustees shall make such rules and HB 1434 126 202 regulations as it deems appropriate in connection with additional contributions including 203 limitations on amounts of contributions and methods of payment of benefits. 204 18. Notwithstanding any other provisions of this section, any member retiring on or after 205 age sixty-five who has five or more years of credited service shall be entitled to an annual 206 pension of the lesser of (a) an amount equal to his or her number of years of credited service 207 multiplied by one hundred twenty dollars, or (b) one thousand eight hundred dollars. Upon the 208 death of such member, any benefits payable to the beneficiary of such member shall be computed 209 as otherwise provided. 169.572. 1. No court shall divide or set aside any federal old-age, survivors or disability 2 insurance benefit provided to any party pursuant to the federal Social Security Act, 42 U.S.C. 3 Section 200 et seq., in any proceeding for dissolution of [marriage] a contract of domestic 4 union. 5 2. Subsequent to August 28, 1991, a court of competent jurisdiction may divide the 6 pension, annuity, benefits, rights, and retirement allowance provided pursuant to this chapter 7 between the parties to any action for dissolution of [marriage] a contract of domestic union, 8 to the same extent and in the same manner the court may divide any federal old-age, survivors 9 or disability insurance benefit of the parties provided pursuant to the federal Social Security Act. 169.590. 1. Any insurance contract or plan, including a noninsurance health benefit 2 program, which provides group health insurance or benefits for employees who are members of 3 any retirement system established pursuant to this chapter shall contain provisions that permit: 4 (1) Any employee who retires, or who has retired, and is receiving or is eligible to 5 receive retirement benefits under this chapter to remain or become a member of the group, 6 including a noninsurance health benefit program, and to receive benefits at the same rate as all 7 other members of the group; 8 (2) The spouse or surviving spouse of any employee to remain or become a member of 9 the group, including a noninsurance health benefit program, so long as such spouse is receiving 10 or is eligible to receive retirement benefits under this chapter; and 11 (3) The children or children who survive any employee to remain or become members 12 of the group, including a noninsurance health benefit program, so long as they are receiving or 13 are eligible to receive retirement benefits under this chapter. 14 2. The plan or contract may provide a different level of coverage for any person electing 15 to remain or become a member of an eligible group, including a noninsurance health benefit 16 program, as provided in subsection 1 of this section if such person is eligible for Medicare under 17 the federal Health Insurance for the Aged Act, 42 U.S.C. 1395, as amended. HB 1434 127 18 3. A person electing to become or remain a member of a group, including a noninsurance 19 health benefit program, under subsection 1 of this section shall pay the premium for such 20 coverage, including the premium for any covered dependents. 21 4. School districts entering into a contract with an insurance company which provides 22 group health insurance or benefits for employees, including provisions for a noninsurance health 23 benefit program, shall specify that such contract provides coverage for persons who have retired, 24 their spouses and [unmarried] dependent children who are not parties to a contract of 25 domestic union, and that the enrollment period for such coverage shall be clearly stated for a 26 period of time of not less than thirty days. Employees shall have one year from the date last 27 employed by a school district that is subject to coverage pursuant to this section to qualify for 28 the coverage provided. 29 5. School districts failing to comply with the provisions of this section shall have 30 deducted from the state aid due such school district an amount equal to the premium for group 31 health insurance, including a noninsurance health benefit program, for those persons denied the 32 benefits required under the provisions of this section. 33 6. As used in this section, the term "noninsurance health benefit program" includes all 34 group health plans or programs providing coverage on an expense-incurred basis, group service 35 or indemnity type contracts issued by a nonprofit corporation, and all self-insured group health 36 benefit plans or programs, of any type or description. 169.676. 1. If a member dies before service retirement and is not survived by a 2 beneficiary under a valid beneficiary designation filed with the retirement system or all 3 designated beneficiaries have disclaimed the right to receive benefits from the retirement system, 4 the following individuals shall be deemed to be the member's designated beneficiaries, in the 5 following order of precedence, for the purpose of making an election and receiving benefits 6 under paragraph (a) or (b) of subdivision (2) of subsection 4 of section 169.670: 7 (1) Surviving spouse at the time of the member's death; 8 (2) Surviving children, share and share alike; 9 (3) Surviving parents, share and share alike; 10 (4) Estate. 11 2. The member's most recent valid designation of a beneficiary received by the 12 retirement system prior to the member's death revokes all previous designations in their entirety. 13 The member's [marriage] contract of a domestic union, divorce, withdrawal of accumulated 14 contributions, or the birth of the member's child, or the member's adoption of a child, shall result 15 in an automatic revocation of the member's previous designation in its entirety upon the 16 retirement system receiving actual notice of such event before or after the member's death and 17 prior to any payments being made under the provisions of this chapter. This section applies to HB 1434 128 18 all beneficiary designations filed with the retirement system before or after August 28, 2005, 19 under which payments have not been made under this chapter. This section shall not apply to 20 the member's designation of a beneficiary to receive a monthly benefit upon the death of the 21 member under subdivision (1) of subsection 4 of section 169.670. 169.715. 1. Any person receiving a retirement allowance under sections 169.600 to 2 169.712, and who elected a reduced retirement allowance under subsection 4 of section 169.670 3 with his or her spouse as the nominated beneficiary, may nominate a successor beneficiary under 4 either of the following circumstances: 5 (1) If the nominated beneficiary precedes the retired person in death, the retired person 6 may, upon [remarriage] becoming a party to a new contract of domestic union, nominate the 7 new spouse under the same option elected in the application for retirement; 8 (2) If the [marriage] contract of domestic union of the retired person and the nominated 9 beneficiary is dissolved, and if the dissolution decree provides for sole retention by the retired 10 person of all rights in the retirement allowance, the retired person may, upon [remarriage] 11 becoming a party to a new contract of domestic union, nominate the new spouse under the 12 same option elected in the application for retirement. 13 2. Any nomination of a successor beneficiary under subdivision (1) or (2) of subsection 14 1 of this section must be made in accordance with procedures established by the board of 15 trustees, and must be filed within ninety days of May 6, 1993, or within one year of [the 16 remarriage] a new contract of domestic union, whichever later occurs. Upon receipt of a 17 successor nomination filed in accordance with those procedures, the board shall adjust the 18 retirement allowance to reflect actuarial considerations of that nomination as well as previous 19 beneficiary and successor beneficiary nominations. 20 3. Any person receiving a retirement allowance under sections 169.600 to 169.715 who 21 elected a reduced retirement allowance under subsection 4 of section 169.670 with his or her 22 spouse as the nominated beneficiary may have the retirement allowance increased to the amount 23 the retired member would be receiving had the retired member elected option 1 if: 24 (1) The [marriage] contract of domestic union of the retired person and the nominated 25 spouse is dissolved on or after September 1, 2017; 26 (2) The dissolution decree provides for sole retention by the retired person of all rights 27 in the retirement allowance; and 28 (3) The person receives a retirement allowance under subsection 4 of section 169.670. 29 30 Any such increase in the retirement allowance shall be effective upon the receipt of an 31 application for such increase and a certified copy of the decree of dissolution that meets the 32 requirements of this section. HB 1434 129 170.015. 1. Any course materials and instruction relating to human sexuality and 2 sexually transmitted diseases shall be medically and factually accurate and shall: 3 (1) Present abstinence from sexual activity as the preferred choice of behavior in relation 4 to all sexual activity for [unmarried] pupils who are not parties to a contract of domestic 5 union because it is the only method that is one hundred percent effective in preventing 6 pregnancy, sexually transmitted diseases and the emotional trauma associated with adolescent 7 sexual activity, and advise students that teenage sexual activity places them at a higher risk of 8 dropping out of school because of the consequences of sexually transmitted diseases and 9 unplanned pregnancy; 10 (2) Stress that sexually transmitted diseases are serious, possible, health hazards of 11 sexual activity. Pupils shall be provided with the latest medical information regarding exposure 12 to human immunodeficiency virus, acquired immune deficiency syndrome (AIDS), human 13 papilloma virus, hepatitis and other sexually transmitted diseases; 14 (3) Present students with the latest medically factual information regarding both the 15 possible side effects and health benefits of all forms of contraception, including the success and 16 failure rates for the prevention of pregnancy and sexually transmitted diseases; or shall present 17 students with information on contraceptives and pregnancy in a manner consistent with the 18 provisions of the federal abstinence education law, 42 U.S.C. Section 710; 19 (4) Include a discussion of the possible emotional and psychological consequences of 20 preadolescent and adolescent sexual activity and the consequences of adolescent pregnancy, as 21 well as the advantages of adoption, including the adoption of special needs children, and the 22 processes involved in making an adoption plan; 23 (5) Teach skills of conflict management, personal responsibility and positive self-esteem 24 through discussion and role-playing at appropriate grade levels to emphasize that the pupil has 25 the power to control personal behavior. Pupils shall be encouraged to base their actions on 26 reasoning, self-discipline, sense of responsibility, self-control, and ethical considerations, such 27 as respect for one's self and others. Pupils shall be taught not to make unwanted physical and 28 verbal sexual advances or otherwise exploit another person. Pupils shall be taught to resist 29 unwanted sexual advances and other negative peer pressure; 30 (6) Advise pupils of the laws pertaining to their financial responsibility to children born 31 in and out of wedlock and advise pupils of the provisions of chapter 566 pertaining to statutory 32 rape; 33 (7) Teach pupils about the dangers of sexual predators, including online predators when 34 using electronic communication methods such as the internet, cell phones, text messages, chat 35 rooms, email, and instant messaging programs. Pupils shall be taught how to behave responsibly 36 and remain safe on the internet and the importance of having open communication with HB 1434 130 37 responsible adults and reporting any inappropriate situation, activity, or abuse to a responsible 38 adult, and depending on intent and content, to local law enforcement, the Federal Bureau of 39 Investigation, or the National Center for Missing & Exploited Children's CyberTipline; and 40 (8) Teach pupils about the consequences, both personal and legal, of inappropriate text 41 messaging, even among friends. 42 2. Policies concerning referrals and parental notification regarding contraception shall 43 be determined by local school boards or charter schools, consistent with the provisions of section 44 167.611. 45 3. A school district or charter school which provides human sexuality instruction may 46 separate students according to gender for instructional purposes. 47 4. The board of a school district or charter school shall determine the specific content 48 of the district's or school's instruction in human sexuality, in accordance with subsections 1 to 49 3 of this section, and shall ensure that all instruction in human sexuality is appropriate to the age 50 of the students receiving such instruction. 51 5. A school district or charter school shall notify the parent or legal guardian of each 52 student enrolled in the district or school of: 53 (1) The basic content of the district's or school's human sexuality instruction to be 54 provided to the student; and 55 (2) The parent's right to remove the student from any part of the district's or school's 56 human sexuality instruction. 57 6. A school district or charter school shall make all curriculum materials used in the 58 district's or school's human sexuality instruction available for public inspection pursuant to 59 chapter 610 prior to the use of such materials in actual instruction. 60 7. No school district or charter school, or its personnel or agents, shall provide abortion 61 services, or permit a person or entity to offer, sponsor, or furnish in any manner any course 62 materials or instruction relating to human sexuality or sexually transmitted diseases to its 63 students if such person or entity is a provider of abortion services. 64 8. As used in this section, the following terms mean: 65 (1) "Abortion", the same meaning as such term is defined in section 188.015; 66 (2) "Abortion services": 67 (a) Performing, inducing, or assisting in the performance or inducing of an abortion 68 which is not necessary to save the life of the mother; 69 (b) Encouraging a patient to have an abortion or referring a patient for an abortion, which 70 is not necessary to save the life of the mother; or 71 (c) Developing or dispensing drugs, chemicals, or devices intended to be used to induce 72 an abortion which is not necessary to save the life of the mother. HB 1434 131 172.310. No person who is related by blood or [marriage] a contract of domestic union 2 to or with any member of the board of curators of the university shall be appointed to any 3 position in the university as officer, member of any faculty or employee. 173.275. 1. As used in this section, the following terms shall mean: 2 (1) "Foreign government", any government other than the government of the United 3 States or any state or political subdivision of the United States; 4 (2) "Foreign legal entity", any legal entity created under the laws of: 5 (a) A foreign government; or 6 (b) The United States, or any state of the United States, if a majority of the ownership 7 of the stock of such legal entity is directly or indirectly owned, legally or beneficially, by one or 8 more foreign governments, foreign persons, or legal entities created under the laws of a foreign 9 government, or if a majority of the membership of any such entity is composed of foreign 10 persons or legal entities created under the laws of a foreign government. The term "foreign legal 11 entity" shall include agents of such entities; 12 (3) "Foreign person", any individual who is not a citizen or national of the United States, 13 or any trust territory or protectorate of the United States. The term "foreign person" shall include 14 agents of such persons; 15 (4) "Gift", any endowment, gift, grant, contract, award, or property of any kind; 16 (5) "Institution of higher education" or "institution", the University of Missouri, Lincoln 17 University, the state colleges, community colleges and teachers' colleges. 18 2. Every institution of higher education shall disclose to the department of higher 19 education the amount, terms, restrictions, conditions, and requirements attached to or made a part 20 of any gift from any foreign government, foreign legal entity, or foreign person which has a value 21 of one hundred thousand dollars or more, made to such institution of higher education in any 22 fiscal year if any term, restriction, condition or requirement attached to or made a part of any 23 such gift is a violation of, or would cause the institution of higher education to be in violation 24 of, any federal or state law relating to discrimination on the basis of race, creed, color, sex, age, 25 [marital] domestic union status, ethnic background, or religion. If any foreign government, 26 foreign entity, or foreign person makes more than one gift to any institution of higher education 27 in any fiscal year of such institution, such institution shall make the report required by this 28 subsection if the aggregate value of all gifts from any one foreign government, foreign legal 29 entity, or foreign person is one hundred thousand dollars or more in such fiscal year. 30 3. The information to be furnished to the department of higher education shall be 31 forwarded to the department no later than thirty days after the final day of the fiscal year of each 32 institution of higher education, and shall include: 33 (1) The amount of each gift and the date on which it was received by the institution; HB 1434 132 34 (2) When a gift is conditional, a matching gift, or designated for a particular purpose, the 35 full details of the conditions, matching provisions or designation; 36 (3) In the case of a gift by a foreign government, the name of such government; 37 (4) In the case of a gift by a foreign legal entity or foreign person, the name of the foreign 38 country in which such foreign legal entity or foreign person is principally located or has his 39 principal residence; 40 (5) The purpose for which the gift will be used; and 41 (6) The name of the foreign legal entity which made the gift if the gift: 42 (a) Contains conditions or restrictions regarding the control of curricula, employment 43 or termination of faculty members, admission of students, or student fees and tuition; or 44 (b) Is contingent upon the agreement of the institution to take specific public positions 45 or actions, or to award honorary degrees. 46 4. All information disclosed and furnished to the department of higher education under 47 this section shall be deemed a public record under sections 610.010 to 610.030 and shall be made 48 available by the department to the general public for inspection, review and copying during the 49 department's normal business hours. 182.050. For the purpose of carrying into effect sections 182.010 to 182.120, in case a 2 county library district is established and a free county library authorized as provided in section 3 182.010, within sixty days after the establishment of the county library district, there shall be 4 created a county library board of trustees, of five members, who shall be residents of the library 5 district, none of whom shall be elected county officials. The members shall be appointed by the 6 county commission for terms of four years each, except that as to the members of the first board, 7 two shall be appointed for one year, and one each shall be appointed for two years, three years, 8 and four years, respectively, from the first day of July following their appointment; and annually 9 thereafter before the first day of July the county commission shall appoint successors. Vacancies 10 in the board occasioned by removals, resignations or otherwise shall be reported to the county 11 commission and shall be filled in like manner as original appointments; except that if the 12 vacancy is in an unexpired term, the appointment shall be made for only the unexpired portion 13 of that term. No member of the board shall receive compensation as such. No person shall be 14 employed by the board of library trustees or by the librarian who is related within the third degree 15 by blood or by [marriage] a contract of domestic union to or with any trustee of the board. 182.190. Vacancies in the board of trustees, occasioned by removals, resignations or 2 otherwise, shall be reported to the proper official and be filled in like manner as original 3 appointments, except that if the vacancy is an unexpired term, the appointment shall be made for 4 only the unexpired portion of that term. No member of the board shall serve for more than three 5 successive full terms and shall not be eligible for further appointment to the board until two years HB 1434 133 6 after the expiration of the third term. No trustee shall receive compensation as such, and no 7 person shall be employed by the board who is related either by blood or by [marriage] a contract 8 of domestic union to or with any trustee of the board. 182.640. 1. A consolidated public library district created under the provisions of 2 sections 182.610 to 182.670 shall be governed by a board of trustees which shall consist of not 3 less than eight trustees to be appointed by the county commission or county executive officers 4 of the counties participating in the consolidated public library district. Upon the creation of a 5 consolidated district under section 182.620, the county commission or county executive officers 6 of each participating county shall appoint four trustees who are residents of that county and who 7 reside in the district, as representatives of its county. If an existing consolidated public library 8 district is enlarged by incorporating into it any county public library district under section 9 182.660, then the county commission or county executive of the petitioning county district shall 10 appoint four trustees who are residents of that county as representatives of the county. If an 11 existing consolidated public library district is enlarged by incorporating into it any city, 12 municipal, school, or other public library district that does not include an entire county, that 13 includes territory outside of the consolidated district’s existing boundaries, and that petitions to 14 join the consolidated district under section 182.660, then the county commission or county 15 executive of each county within the petitioning district that is outside of the consolidated 16 district’s existing boundaries shall appoint one trustee who resides in their county and also within 17 the petitioning district as a representative of the consolidated district. No appointed trustee shall 18 be an elected official. 19 2. The trustees of the existing boards of a county public district shall remain as the 20 representatives of their respective county and shall serve the remainder of their respective term 21 as the governing board of a consolidated public library district. Upon expiration of their term 22 the county commission or county executive officer shall appoint a resident of the respective 23 county and district for a four-year term beginning the first day of July or until a successor shall 24 be appointed. Trustees in office as of August 28, 2005, who reside outside the district shall be 25 deemed to have vacated their trusteeships and successors shall be appointed under subsection 26 4 of this section. 27 3. Whenever any member of the board of trustees shall, without good cause, fail to attend 28 six consecutive board meetings of the consolidated public library district or whenever any 29 member of the board of trustees is deemed by the majority of the board of trustees to be guilty 30 of conduct prejudicial to the good order and effective operation of the consolidated public library 31 district, or whenever any member is deemed to be guilty of neglect of duty, then such member 32 may be removed by resolution of the board of trustees duly acted upon, after specification of 33 charge and hearing. HB 1434 134 34 4. Vacancies in the board occasioned by removals, resignations, or otherwise shall be 35 reported to the county commission or county executive officers and shall be filled in like manner 36 as original appointments; except that, if the vacancy occurs during an unexpired term, the 37 appointment shall be for only the unexpired portion of that term. 38 5. No person shall be employed by the board of library trustees or by the librarian who 39 is related within the third degree by blood or by [marriage] a contract of domestic union to or 40 with any trustee of the board. 41 6. Except as in sections 182.610 to 182.670 otherwise expressly provided, no trustee of 42 a consolidated public library district shall receive any fee, salary, gratuity or other compensation 43 or remuneration for acting as such; except that, the board of trustees may reimburse its members 44 for actual and necessary expenses incurred in the performance of their duties. 45 7. The board of trustees shall have a president, secretary and a treasurer and such other 46 officers as the board may select. All officers of the board shall be selected by the board. All 47 officers of the board of trustees shall serve at the pleasure of the board, and shall not receive any 48 salary, gratuity or other compensation or reimbursement for acting as such, except the treasurer, 49 who may also serve as secretary. 50 8. The board shall provide for regularly scheduled meetings of the board to be held 51 monthly; except that, the board shall not be required to meet more than ten times in any calendar 52 year. The board shall make and adopt bylaws, rules and regulations governing the proceedings 53 of the board, including bylaws prescribing the duties of each officer of the board of trustees. No 54 bylaws, rules or regulations shall be contrary to, or inconsistent with, any provision of law. 55 9. A majority of the full board of trustees shall constitute a quorum for the transaction 56 of business. The act of the majority of the trustees present at a meeting at which a quorum is 57 present shall be the act of the board of trustees, except as hereinafter provided. The affirmative 58 vote of a majority of the full board of trustees shall be required to enter into any contract, employ 59 or dismiss the chief administrative officer of the district, effect a merger or consolidation or 60 approve a budget. 61 10. The board of trustees of a consolidated public library district shall adopt policies for 62 the government of the consolidated public library district that will carry out the spirit and intent 63 of sections 182.610 to 182.670, and the board shall employ a duly qualified graduate librarian 64 as the chief executive and administrative officer of the consolidated public library district 65 charged with the duty of carrying out the policies adopted by the board. The librarian shall serve 66 at the pleasure of the board. The librarian shall have the authority to employ professional library 67 assistants and other employees to fill the positions that are created by the board. The assistants 68 and employees may be dismissed by the librarian. HB 1434 135 190.060. 1. An ambulance district shall have the following governmental powers, and 2 all other powers incidental, necessary, convenient or desirable to carry out and effectuate the 3 express powers: 4 (1) To establish and maintain an ambulance service within its corporate limits, and to 5 acquire for, develop, expand, extend and improve such service; 6 (2) To acquire land in fee simple, rights in land and easements upon, over or across land 7 and leasehold interests in land and tangible and intangible personal property used or useful for 8 the location, establishment, maintenance, development, expansion, extension or improvement 9 of an ambulance service. The acquisition may be by dedication, purchase, gift, agreement, lease, 10 use or adverse possession; 11 (3) To operate, maintain and manage the ambulance service, and to make and enter into 12 contracts for the use, operation or management of and to provide rules and regulations for the 13 operation, management or use of the ambulance service; 14 (4) To fix, charge and collect reasonable fees and compensation for the use of the 15 ambulance service according to the rules and regulations prescribed by the board from time to 16 time; 17 (5) To borrow money and to issue bonds, notes, certificates, or other evidences of 18 indebtedness for the purpose of accomplishing any of its corporate purposes, subject to 19 compliance with any condition or limitation set forth in sections 190.001 to 190.090 or otherwise 20 provided by the Constitution of the state of Missouri; 21 (6) To employ or enter into contracts for the employment of any person, firm, or 22 corporation, and for professional services, necessary or desirable for the accomplishment of the 23 objects of the district or the proper administration, management, protection or control of its 24 property; 25 (7) To maintain the ambulance service for the benefit of the inhabitants of the area 26 comprising the district regardless of race, creed or color, and to adopt such reasonable rules and 27 regulations as may be necessary to render the highest quality of emergency medical care; to 28 exclude from the use of the ambulance service all persons who willfully disregard any of the 29 rules and regulations so established; to extend the privileges and use of the ambulance service 30 to persons residing outside the area of the district upon such terms and conditions as the board 31 of directors prescribes by its rules and regulations; 32 (8) To provide for health, accident, disability and pension benefits for the salaried 33 members of its organized ambulance district and such other benefits for the members' spouses 34 and minor children, through either, or both, a contributory or noncontributory plan. The type and 35 amount of such benefits shall be determined by the board of directors of the ambulance district 36 within the level of available revenue of the pension program and other available revenue of the HB 1434 136 37 district. If an employee contributory plan is adopted, then at least one voting member of the 38 board of trustees shall be a member of the ambulance district elected by the contributing 39 members. The board of trustees shall not be the same as the board of directors; 40 (9) To purchase insurance indemnifying the district and its employees, officers, 41 volunteers and directors against liability in rendering services incidental to the furnishing of 42 ambulance services. Purchase of insurance pursuant to this section is not intended to waive 43 sovereign immunity, official immunity or the Missouri public duty doctrine defenses; and 44 (10) To provide for life insurance, accident, sickness, health, disability, annuity, length 45 of service, pension, retirement and other employee-type fringe benefits, subject to the provisions 46 of section 70.615, for the volunteer members of any organized ambulance district and such other 47 benefits for their spouses and eligible unemancipated children, either through a contributory or 48 noncontributory plan, or both. For purposes of this section, "eligible unemancipated child" 49 means a natural or adopted child of an insured, or a stepchild of an insured who is domiciled 50 with the insured, who is less than twenty-three years of age, who is not [married] a party to a 51 contract of domestic union, not employed on a full-time basis, not maintaining a separate 52 residence except for full-time students in an accredited school or institution of higher learning, 53 and who is dependent on parents or guardians for at least fifty percent of his or her support. The 54 type and amount of such benefits shall be determined by the board of directors of the ambulance 55 district within available revenues of the district, including the pension program of the district. 56 The provision and receipt of such benefits shall not make the recipient an employee of the 57 district. Directors who are also volunteer members may receive such benefits while serving as 58 a director of the district. 59 2. The use of any ambulance service of a district shall be subject to the reasonable 60 regulation and control of the district and upon such reasonable terms and conditions as shall be 61 established by its board of directors. 62 3. A regulatory ordinance of a district adopted pursuant to any provision of this section 63 may provide for a suspension or revocation of any rights or privileges within the control of the 64 district for a violation of any regulatory ordinance. 65 4. Nothing in this section or in other provisions of sections 190.001 to 190.245 shall be 66 construed to authorize the district or board to establish or enforce any regulation or rule in 67 respect to the operation or maintenance of the ambulance service within its jurisdiction which 68 is in conflict with any federal or state law or regulation applicable to the same subject matter. 69 5. After August 28, 1998, the board of directors of an ambulance district that proposes 70 to contract for the total management and operation of the ambulance service, when that 71 ambulance district has not previously contracted out for said service, shall hold a public hearing HB 1434 137 72 within a thirty-day period and shall make a finding that the proposed contract to manage and 73 operate the ambulance service will: 74 (1) Provide benefits to the public health that outweigh the associated costs; 75 (2) Maintain or enhance public access to ambulance service; 76 (3) Maintain or improve the public health and promote the continued development of 77 the regional emergency medical services system. 78 6. (1) Upon a satisfactory finding following the public hearing in subsection 5 of this 79 section and after a sixty-day period, the ambulance district may enter into the proposed contract, 80 however said contract shall not be implemented for at least thirty days. 81 (2) The provisions of subsection 5 of this section shall not apply to contracts which were 82 executed prior to August 28, 1998, or to the renewal or modification of such contracts or to the 83 signing of a new contract with an ambulance service provider for services that were previously 84 contracted out. 85 7. All ambulance districts authorized to adopt laws, ordinances, or regulations regarding 86 basic life support ambulances shall require such ambulances to be equipped with an automated 87 external defibrillator and be staffed by at least one individual trained in the use of an automated 88 external defibrillator. 89 8. The ambulance district may adopt procedures for conducting fingerprint background 90 checks on current and prospective employees, contractors, and volunteers. The ambulance 91 district may submit applicant fingerprints to the Missouri state highway patrol, Missouri criminal 92 records repository, for the purpose of checking the person's criminal history. The fingerprints 93 shall be used to search the Missouri criminal records repository and shall be submitted to the 94 Federal Bureau of Investigation to be used for searching the federal criminal history files. The 95 fingerprints shall be submitted on forms and in the manner prescribed by the Missouri state 96 highway patrol. Fees shall be as set forth in section 43.530. 190.294. 1. The powers and duties of the emergency services board shall include, but 2 not be limited to: 3 (1) Planning a 911 system and dispatching system; 4 (2) Coordinating and supervising the implementation, upgrading or maintenance of the 5 system, including the establishment of equipment specifications and coding systems; 6 (3) Receiving money from any county sales tax authorized to be levied pursuant to 7 section 190.292 and authorizing disbursements from such moneys collected; 8 (4) Hiring any staff necessary for the implementation, upgrade or operation of the 9 system; 10 (5) Acquiring land in fee simple, rights in land and easements upon, over, or across land 11 and leasehold interests in land and tangible and intangible personal property used or useful for HB 1434 138 12 the location, establishment, maintenance, development, expansion, extension, or improvement 13 of the central dispatching of emergency services. The acquisition may be by dedication, 14 purchase, gift, agreement, lease, use, or adverse possession; 15 (6) Borrowing money and issuing bonds, notes, certificates, or other evidences of 16 indebtedness for the purpose of accomplishing any of its corporate purposes, subject to 17 compliance with any condition or limitation set forth in sections 190.290 to 190.296 or otherwise 18 provided by the Constitution of Missouri; 19 (7) Suing and being sued, and to be party to suits, actions, and proceedings; 20 (8) Having and using a corporate seal; 21 (9) Entering into contracts, franchises, and agreements with any person, partnership, 22 association, or corporation, public or private, affecting the affairs of the board; 23 (10) Having the management, control, and supervision of all the business affairs of the 24 board and the construction, installation, operation, and maintenance of any improvements; 25 (11) Hiring and retaining agents and employees and providing for their compensation, 26 including health and pension benefits; 27 (12) Adopting and amending bylaws and any other rules and regulations; 28 (13) Paying all expenses connected with the first election and all subsequent elections; 29 (14) Having and exercising all rights and powers necessary or incidental to or implied 30 from the specific powers granted in this section. Such specific powers shall not be considered 31 as a limitation upon any power necessary or appropriate to carry out the purposes and intent of 32 sections 190.290 to 190.296; 33 (15) Maintaining central dispatching of emergency services for the benefit of the 34 inhabitants of the area comprising the district regardless of race, creed, or color, and to adopt 35 such reasonable rules and regulations as may be necessary to render the highest quality of the 36 central dispatching of emergency services; excluding from the use of the central dispatching of 37 emergency services all persons who willfully disregard any of the rules and regulations so 38 established; extending the privileges and use of the central dispatching of emergency services 39 to persons residing outside the area of the district upon such terms and conditions as the board 40 prescribes by its rules and regulations; 41 (16) Purchasing insurance indemnifying the district and its employees, officers, 42 volunteers, and directors against liability in rendering services incidental to the furnishing of 43 central dispatching of emergency services. Purchase of insurance pursuant to this section is not 44 intended to waive sovereign immunity, official immunity, or the Missouri public duty doctrine 45 defenses. 46 2. The administrative control and management of the moneys from any county sales tax 47 authorized to be levied pursuant to section 190.292 and the administrative control and HB 1434 139 48 management of the central dispatching of emergency services shall rest solely with the board, 49 and the board shall employ all necessary personnel, affix their compensation and provide suitable 50 quarters and equipment for the operation of the central dispatching of emergency services from 51 the funds available for this purpose. 52 3. The board may contract to provide services relating in whole or in part to central 53 dispatching of emergency services and for such purpose may expend the tax funds or other funds. 54 4. The board shall elect a vice chairman, treasurer, secretary and such other officers as 55 it deems necessary. Before taking office, the treasurer shall furnish a surety bond in an amount 56 to be determined and in a form to be approved by the board for the faithful performance of the 57 treasurer's duties and faithful accounting of all moneys that may come into the treasurer's hands. 58 The treasurer shall enter into the surety bond with a surety company authorized to do business 59 in Missouri, and the cost of such bond shall be paid by the board of directors. 60 5. The board may accept any gift of property or money for the use and benefit of the 61 central dispatching of emergency services, and the board is authorized to sell or exchange any 62 such property which it believes would be to the benefit of the service so long as the proceeds are 63 used exclusively for central dispatching of emergency services. The board shall have exclusive 64 control of all gifts, property or money it may accept; of all interest of other proceeds which may 65 accrue from the investment of such gifts or money or from the sale of such property; of all tax 66 revenues collected by the county on behalf of the central dispatching of emergency services; and 67 of all other funds granted, appropriated or loaned to it by the federal government, the state or its 68 political subdivisions so long as such resources are used solely to benefit the central dispatching 69 of emergency services. 70 6. Any board member may, following notice and an opportunity to be heard, be removed 71 from any office by a majority vote of the other members of the board for any of the following 72 reasons: 73 (1) Failure to attend five consecutive meetings, without good cause; 74 (2) Conduct prejudicial to the good order and efficient operation of the central 75 dispatching of emergency services; or 76 (3) Neglect of duty. 77 7. The chairperson of the board shall preside at such removal hearing, unless the 78 chairperson is the person sought to be removed, in which case the hearing shall be presided over 79 by another member elected by a majority vote of the other board members. All interested parties 80 may present testimony and arguments at such hearing, and the witnesses shall be sworn in by 81 oath or affirmation before testifying. Any interested party may, at his or her own expense, record 82 the proceedings. HB 1434 140 83 8. Vacancies on the board occasioned by removals, resignations or otherwise shall be 84 filled by the remaining members of the board. The appointee or appointees shall act until the 85 next election at which a director or directors are elected to serve the remainder of the unexpired 86 term. 87 9. Individual board members shall not be eligible for employment by the board within 88 twelve months of termination of service as a member of the board. 89 10. No person shall be employed by the board who is related within the fourth degree 90 by blood or by [marriage] a contract of domestic union to or with any member of the board. 91 11. Any rule or portion of a rule, as that term is defined in section 536.010, that is 92 created under the authority delegated in sections 190.300 to 190.341 shall become effective only 93 if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 94 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the 95 general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove 96 and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority 97 and any rule proposed or adopted after August 28, 2004, shall be invalid and void. 98 12. This section shall only apply to any county of the third classification without a 99 township form of government and with more than twenty-four thousand five hundred but less 100 than twenty-four thousand six hundred inhabitants. 190.339. 1. The powers and duties of the emergency services board shall include, but 2 not be limited to: 3 (1) Planning a 911 system and dispatching system; 4 (2) Coordinating and supervising the implementation, upgrading or maintenance of the 5 system, including the establishment of equipment specifications and coding systems; 6 (3) Receiving money from any county sales tax authorized to be levied pursuant to 7 section 190.335 and authorizing disbursements from such moneys collected; 8 (4) Hiring any staff necessary for the implementation, upgrade or operation of the 9 system. 10 2. Except for emergency services 911 boards in existence prior to August 25, 2010, and 11 operating under the authority of subsection 11 of section 190.335, the board shall be a body 12 corporate and a political subdivision of the state and shall be known as the "......... Emergency 13 Services Board". 14 3. The administrative control and management of the moneys from any county sales tax 15 authorized to be levied pursuant to section 190.335 and the administrative control and 16 management of the central dispatching of emergency services shall rest solely with the board, 17 and the board shall employ all necessary personnel, affix their compensation and provide suitable HB 1434 141 18 quarters and equipment for the operation of the central dispatching of emergency services from 19 the funds available for this purpose. 20 4. The board may contract to provide services relating in whole or in part to central 21 dispatching of emergency services and for such purpose may expend the tax funds or other funds. 22 5. The board shall elect a vice chairman, treasurer, secretary and such other officers as 23 it deems necessary. Before taking office, the treasurer shall furnish a surety bond in an amount 24 to be determined and in a form to be approved by the board for the faithful performance of the 25 treasurer's duties and faithful accounting of all moneys that may come into the treasurer's hands. 26 The treasurer shall enter into the surety bond with a surety company authorized to do business 27 in Missouri, and the cost of such bond shall be paid by the board of directors. 28 6. The board may accept any gift of property or money for the use and benefit of the 29 central dispatching of emergency services, and the board is authorized to sell or exchange any 30 such property which it believes would be to the benefit of the service so long as the proceeds are 31 used exclusively for central dispatching of emergency services. The board shall have exclusive 32 control of all gifts, property or money it may accept; of all interest of other proceeds which may 33 accrue from the investment of such gifts or money or from the sale of such property; of all tax 34 revenues collected by the county on behalf of the central dispatching of emergency services; and 35 of all other funds granted, appropriated or loaned to it by the federal government, the state or its 36 political subdivisions so long as such resources are used solely to benefit the central dispatching 37 of emergency services. 38 7. Any board member may, following notice and an opportunity to be heard, be removed 39 from any office by a majority vote of the other members of the board for any of the following 40 reasons: 41 (1) Failure to attend five consecutive meetings, without good cause; 42 (2) Conduct prejudicial to the good order and efficient operation of the central 43 dispatching of emergency services; or 44 (3) Neglect of duty. 45 8. The chairperson of the board shall preside at such removal hearing, unless the 46 chairperson is the person sought to be removed, in which case the hearing shall be presided over 47 by another member elected by a majority vote of the other board members. All interested parties 48 may present testimony and arguments at such hearing, and the witnesses shall be sworn in by 49 oath or affirmation before testifying. Any interested party may, at his or her own expense, record 50 the proceedings. 51 9. Vacancies on the board occasioned by removals, resignations or otherwise shall be 52 filled by the remaining members of the board. The appointee or appointees shall act until the HB 1434 142 53 next election at which a director or directors are elected to serve the remainder of the unexpired 54 term. 55 10. Individual board members shall not be eligible for employment by the board within 56 twelve months of termination of service as a member of the board. 57 11. No person shall be employed by the board who is related within the fourth degree 58 by blood or by [marriage] a contract of domestic union to or with any member of the board. 192.016. 1. The department of health and senior services shall establish a putative father 2 registry which shall record the names and addresses of: 3 (1) Any person adjudicated by a court of this state to be the father of a child born out of 4 [wedlock] a contract of domestic union; 5 (2) Any person who has filed with the registry before or after the birth of a child out of 6 [wedlock] a contract of domestic union, a notice of intent to claim paternity of the child; 7 (3) Any person adjudicated by a court of another state or territory of the United States 8 to be the father of an [out-of-wedlock] out-of-contract-of-domestic-union child, where a 9 certified copy of the court order has been filed with the registry by such person or any other 10 person. 11 2. A person filing a notice of intent to claim paternity of a child or an acknowledgment 12 of paternity shall file the acknowledgment affidavit form developed by the state registrar which 13 shall include the minimum requirements prescribed by the Secretary of the United States 14 Department of Health and Human Services pursuant to 42 U.S.C. Section 652(a)(7). 15 3. A person filing a notice of intent to claim paternity of a child shall notify the registry 16 of any change of address. 17 4. A person who has filed a notice of intent to claim paternity may at any time revoke 18 a notice of intent to claim paternity previously filed therewith and, upon receipt of such 19 notification by the registry, the revoked notice of intent to claim paternity shall be deemed a 20 nullity nunc pro tunc. 21 5. An unrevoked notice of intent to claim paternity of a child may be introduced in 22 evidence by any party, other than the person who filed such notice, in any proceeding in which 23 such fact may be relevant. 24 6. Lack of knowledge of the pregnancy does not excuse failure to timely file pursuant 25 to paragraph (b) or (c) of subdivision (2) of subsection 3 of section 453.030. 26 7. Failure to timely file pursuant to paragraph (b) or (c) of subsection 3 of section 27 453.030 shall waive a man's right to withhold consent to an adoption proceeding unless: 28 (1) The person was led to believe through the mother's misrepresentation or fraud that: 29 (a) The mother was not pregnant when in fact she was; or 30 (b) The pregnancy was terminated when in fact the baby was born; or HB 1434 143 31 (c) After the birth, the child died when in fact the child is alive; and 32 (2) The person upon the discovery of the misrepresentation or fraud satisfied the 33 requirements of paragraph (b) or (c) of subdivision (2) of subsection 3 of section 453.030 within 34 fifteen days of that discovery. 35 8. The department shall, upon request and within two business days of such request, 36 provide the names and addresses of persons listed with the registry to any court or authorized 37 agency, or entity or person named in section 453.014, and such information shall not be divulged 38 to any other person, except upon order of a court for good cause shown. 39 9. The department of health and senior services shall: 40 (1) Prepare forms for registration of paternity and an application for search of the 41 putative father registry; 42 (2) Produce and distribute a pamphlet or publication informing the public about the 43 putative father registry, including the procedures for voluntary acknowledgment of paternity, the 44 consequences of acknowledgment and failure to acknowledge paternity pursuant to section 45 453.010, a copy of a statement informing the public about the putative father registry, including 46 to whom and under what circumstances it applies, the time limits and responsibilities for filing, 47 protection of paternal rights and associated responsibilities, and other provisions of this section, 48 and a detachable form meeting the requirements of subsection 2 of this section addressed to the 49 putative father registry. Such pamphlet or publication shall be made available for distribution 50 at all offices of the department of health and senior services. The department shall also provide 51 such pamphlets or publications to the department of social services, hospitals, libraries, medical 52 clinics, schools, universities, and other providers of child-related services upon request; 53 (3) Provide information to the public at large by way of general public service 54 announcements, or other ways to deliver information to the public about the putative father 55 registry and its services. 56 10. Pursuant to subdivision (2) of subsection 9 of this section, a statement prepared by 57 the department of health and senior services shall be contained in any pamphlet or publication 58 informing the public about the putative father registry. 59 11. There is hereby created in the state treasury the "Putative Father Registry Fund", 60 which shall consist of moneys collected under section 453.020. Upon appropriation, moneys in 61 the fund shall be used solely for the administration of the putative father registry. 62 Notwithstanding the provisions of section 33.080 to the contrary, moneys in the fund shall not 63 revert to the credit of general revenue at the end of the biennium, but shall be used upon 64 appropriations by the general assembly for the purpose of carrying out the provisions of this 65 chapter. HB 1434 144 192.2200. As used in sections 192.2200 to 192.2260, unless the context clearly indicates 2 otherwise, the following terms mean: 3 (1) "Abuse", the infliction of physical, sexual, or emotional injury or harm; 4 (2) "Adult", an individual over the age of eighteen; 5 (3) "Adult day care program", a group program designed to provide care and supervision 6 to meet the needs of functionally impaired adults for periods of less than twenty-four hours but 7 more than two hours per day in a place other than the adult's own home; 8 (4) "Adult day care provider", the person, corporation, partnership, association or 9 organization legally responsible for the overall operation of the adult day care program; 10 (5) "Department", the department of health and senior services; 11 (6) "Functionally impaired adult", an adult who by reason of age or infirmity requires 12 care and supervision; 13 (7) "License", the document issued by the department in accordance with the provisions 14 of sections 192.2200 to 192.2260 to an adult day care program which authorizes the adult day 15 care provider to operate the program in accordance with the provisions of sections 192.2200 to 16 192.2260 and the applicable rules promulgated pursuant thereto; 17 (8) "Operator", any person licensed or required to be licensed under the provisions of 18 sections 192.2200 to 192.2260 in order to establish, conduct, or maintain an adult day care 19 program; 20 (9) "Participant", a functionally impaired adult who is enrolled in an adult day care 21 program; 22 (10) "Person", any individual, firm, corporation, partnership, association, agency, or an 23 incorporated or unincorporated organization regardless of the name used; 24 (11) "Related", any of the following by blood, [marriage] a contract of domestic union, 25 or adoption: parent, child, grandchild, brother, sister, half-brother, half-sister, stepparent, uncle, 26 aunt, niece, nephew, or first cousin; 27 (12) "Staff participant ratio", the number of adult care staff required by the department 28 in relation to the number of adults being cared for by such staff; 29 (13) "Substantial noncompliance", any violation of a class I or class II standard or twenty 30 or more violations of class III standards. 193.015. As used in sections 193.005 to 193.325, unless the context clearly indicates 2 otherwise, the following terms shall mean: 3 (1) "Advanced practice registered nurse", a person licensed to practice as an advanced 4 practice registered nurse under chapter 335, and who has been delegated tasks outlined in section 5 193.145 by a physician with whom they have entered into a collaborative practice arrangement 6 under chapter 334; HB 1434 145 7 (2) "Assistant physician", as such term is defined in section 334.036, and who has been 8 delegated tasks outlined in section 193.145 by a physician with whom they have entered into a 9 collaborative practice arrangement under chapter 334; 10 (3) "Dead body", a human body or such parts of such human body from the condition 11 of which it reasonably may be concluded that death recently occurred; 12 (4) "Department", the department of health and senior services; 13 (5) "Final disposition", the burial, interment, cremation, removal from the state, or other 14 authorized disposition of a dead body or fetus; 15 (6) "Institution", any establishment, public or private, which provides inpatient or 16 outpatient medical, surgical, or diagnostic care or treatment or nursing, custodian, or domiciliary 17 care, or to which persons are committed by law; 18 (7) "Live birth", the complete expulsion or extraction from its mother of a child, 19 irrespective of the duration of pregnancy, which after such expulsion or extraction, breathes or 20 shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or 21 definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the 22 placenta is attached; 23 (8) "Physician", a person authorized or licensed to practice medicine or osteopathy 24 pursuant to chapter 334; 25 (9) "Physician assistant", a person licensed to practice as a physician assistant pursuant 26 to chapter 334, and who has been delegated tasks outlined in section 193.145 by a physician with 27 whom they have entered into a supervision agreement under chapter 334; 28 (10) "Spontaneous fetal death", a noninduced death prior to the complete expulsion or 29 extraction from its mother of a fetus, irrespective of the duration of pregnancy; the death is 30 indicated by the fact that after such expulsion or extraction the fetus does not breathe or show 31 any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite 32 movement of voluntary muscles; 33 (11) "State registrar", state registrar of vital statistics of the state of Missouri; 34 (12) "System of vital statistics", the registration, collection, preservation, amendment and 35 certification of vital records; the collection of other reports required by sections 193.005 to 36 193.325 and section 194.060; and activities related thereto including the tabulation, analysis and 37 publication of vital statistics; 38 (13) "Vital records", certificates or reports of birth, death, [marriage] contracts of 39 domestic union, dissolution of [marriage] a contract of domestic union, and data related 40 thereto; 41 (14) "Vital statistics", the data derived from certificates and reports of birth, death, 42 spontaneous fetal death, marriage, dissolution of marriage and related reports. HB 1434 146 193.085. 1. A certificate of birth for each live birth which occurs in this state shall be 2 filed with the local registrar, or as otherwise directed by the state registrar, within five days after 3 such birth and shall be registered if such certificate has been completed and filed pursuant to the 4 provisions of this section. 5 2. When a birth occurs in an institution or en route to an institution, the person in charge 6 of the institution or such person's designated representative shall obtain the personal data, 7 prepare the certificate, certify that the child was born alive at the place and time and on the date 8 stated either by signature or an electronic process approved by the department, and file the 9 certificate pursuant to this section or as otherwise directed by the state registrar within the 10 required five days. The physician or other person in attendance shall provide the medical 11 information required by the certificate and certify to the facts of birth within five days after the 12 birth. If the physician or other person in attendance does not certify to the facts of birth within 13 the five-day period, the person in charge of the institution shall complete the certificate. 14 3. When a birth occurs outside an institution, the certificate shall be prepared and filed 15 by one of the following in the indicated order of priority: 16 (1) The physician in attendance at or immediately after the birth; 17 (2) Any other person in attendance at or immediately after the birth; 18 (3) The father, the mother, or, in the absence of the father and the inability of the mother, 19 the person in charge of the premises where the birth occurred. 20 4. When a birth occurs on a moving conveyance within the United States and the child 21 is first removed from the conveyance in this state, the birth shall be registered in this state and 22 such place shall be considered the place of birth. When a birth occurs on a moving conveyance 23 while in international waters or air space or in a foreign country or its air space and the child is 24 first removed from the conveyance in this state, the birth shall be registered in this state but the 25 certificate shall show the actual place of birth insofar as can be determined. 26 5. If the mother was [married] a party to a contract of domestic union at the time of 27 either conception or birth, or between conception and birth, the name of the husband shall be 28 entered on the certificate as the father of the child, unless: 29 (1) Paternity has been determined otherwise by a court of competent jurisdiction; or 30 (2) The mother executes an affidavit attesting that the husband is not the father and the 31 putative father is the father, and the putative father executes an affidavit attesting that he is the 32 father, and the husband executes an affidavit attesting that he is not the father. If such affidavits 33 are executed, the putative father shall be shown as the father on the birth certificate and the 34 signed acknowledgment of paternity shall be considered a legal finding of paternity. The 35 affidavits shall be as provided for in section 193.215. HB 1434 147 36 6. In any case in which paternity of a child is determined by a court of competent 37 jurisdiction, the name of the father and surname of the child shall be entered on the certificate 38 of birth pursuant to the finding and order of the court. 39 7. Notwithstanding any other law to the contrary, if a child is born to [unmarried] parents 40 who are not parties to a contract of domestic union, the name of the father and other required 41 information shall be entered on the certificate of birth only if an acknowledgment of paternity 42 pursuant to section 193.215 is completed, or if paternity is determined by a court of competent 43 jurisdiction or by an administrative order of the family support division. 44 8. If the father is not named on the certificate of birth, no other information about the 45 father shall be entered on the certificate. 46 9. The birth certificate of a child born to a [married] woman who is a party to a 47 contract of domestic union, as a result of artificial insemination, with consent of her husband, 48 shall be completed pursuant to the provisions of subsection 5 of this section. 49 10. Either of the parents of the child, or other informant, shall attest to the accuracy of 50 the personal data entered on the certificate in time to permit the filing of the certificate within 51 the required five days. 193.087. 1. In addition to the requirements of subsection 2 of section 193.085, when a 2 birth occurs to [an unmarried] a mother who is not a party to a contract of domestic union, 3 whether in an institution or en route to an institution, the person in charge of the institution or 4 a designated representative shall: 5 (1) Provide a form or affidavit prescribed by the state registrar that may be completed 6 by the child's mother and father to voluntarily acknowledge paternity of the child pursuant to 7 section 193.215; 8 (2) File the form, when completed, along with the certificate required by this section; and 9 (3) Provide oral and written notice to the affiant required by section 193.215. 10 2. Any institution, the person in charge or a designated representative shall be immune 11 from civil or criminal liability for providing the form or affidavit required by subsection 1 of this 12 section, the information developed pursuant to that subsection, or otherwise fulfilling the duties 13 required by subsection 1 of this section. 14 3. The family support division may contract with the department of health and senior 15 services to provide assistance and training to the hospital staff assigned responsibility for 16 providing the information, as appropriate, to carry out duties pursuant to this section. The family 17 support division shall develop and distribute free of charge the information on the rights and 18 responsibilities of parents that is required to be distributed pursuant to this section. The 19 department of health and senior services shall provide free of charge to hospitals the 20 acknowledgment of paternity affidavit, and instructions on the completion of the affidavit. HB 1434 148 21 4. If no contract is developed with the department of health and senior services, then the 22 family support division shall provide the assistance and training activities to hospitals pursuant 23 to subsection 3 of this section. 24 5. Any affiant who intentionally misidentifies another person as a parent may be 25 prosecuted for perjury, pursuant to section 575.040. 26 6. Due to lack of cooperation by public assistance recipients, the family support division 27 shall either suspend the entire public assistance cash grant, or remove the needs of the adult 28 recipient of public assistance from the cash grant, subject to good cause exceptions pursuant to 29 federal law or regulations. 193.185. 1. A report of each [marriage performed] contract of domestic union 2 recorded in this state shall be filed with the department and shall be registered if it has been 3 completed and filed in accordance with this section. 4 2. The official who [issues the marriage license] records a contract of domestic union 5 shall prepare the report on the form prescribed and furnished by the state registrar upon the basis 6 of information obtained from one of the parties [to be married] of the contract of domestic 7 union. 8 3. [Each person who performs a marriage shall certify the fact of marriage and return the 9 license to the official who issued the license within fifteen days after the ceremony. This license 10 shall be signed by the witnesses to the ceremony. A marriage certificate shall be given to the 11 parties. 12 4.] Every official [issuing marriage licenses] recording a contract of domestic union 13 shall complete and forward to the department on or before the fifteenth day of each calendar 14 month the reports of [marriages returned to] contracts of domestic union recorded by such 15 official during the preceding calendar month. 193.195. Every officer authorized to [issue marriage licenses] record contracts of 2 domestic union shall be paid a recording fee of two dollars for each [marriage license] contract 3 of domestic union filed and reported by him or her to the state registrar. The recording fee shall 4 be paid by the [applicant for the license] party presenting the contract of domestic union and 5 be collected together with the fee for the [license] contract of domestic union to be recorded. 193.205. 1. A record of each dissolution of [marriage] a contract of domestic union, 2 and annulment of [marriage] a contract of domestic union granted by any court in this state 3 shall be filed by the clerk of the court with the department and shall be registered if it has been 4 completed and filed in accordance with this section. The record shall be prepared by the 5 petitioner or such petitioner's legal representative on a form prescribed and furnished by the state 6 registrar and shall be presented to the clerk of the court with the petition. HB 1434 149 7 2. The clerk of the court shall complete and forward to the department on or before the 8 fifteenth day of each calendar month the records of each dissolution of [marriage] a contract of 9 domestic union, and annulment of [marriage] a contract of domestic union decree granted 10 during the preceding calendar month. 193.215. 1. A certificate or report registered pursuant to sections 193.005 to 193.325 2 may be amended only pursuant to the provisions of sections 193.005 to 193.325, and regulations 3 adopted by the department. 4 2. A certificate or report that is amended pursuant to this section shall be marked 5 "Amended" except as otherwise provided in this section. The date of amendment and a summary 6 description of the evidence submitted in support of the amendment shall be endorsed on or made 7 part of the record. 8 3. Upon receipt of a certified copy of an order of a court of competent jurisdiction 9 changing the name of a person born in this state and upon request of such person or such person's 10 parents, guardian, or legal representative, the state registrar shall amend the certificate of birth 11 to show the new name. The court order shall include such facts as are necessary to locate and 12 identify the certificate of birth of the person whose name is being changed. 13 4. When an applicant does not submit the minimum documentation required in the 14 regulations for amending a vital record or when the state registrar has reasonable cause to 15 question the validity or adequacy of the applicant's sworn statements or the documentary 16 evidence, and if the deficiencies are not corrected, the state registrar shall not amend the vital 17 record and shall advise the applicant of the reason for this action and the applicant's right of 18 appeal to a court of competent jurisdiction. 19 5. When a certificate or report is amended pursuant to this section, the state registrar 20 shall report the amendment to any other custodians of the vital record and their record shall be 21 amended accordingly. 22 6. Upon written request of both parents and receipt of a sworn acknowledgment of 23 paternity notarized and signed by both parents of a child born out of [wedlock] a contract of 24 domestic union, the state registrar shall amend the certificate of birth to show such paternity. 25 The acknowledgment affidavit form shall be developed by the state registrar and shall include 26 the minimum requirements prescribed by the secretary of the Department of Health and Human 27 Services pursuant to 42 U.S.C. Section 652(a)(7). The acknowledgment form shall include 28 provisions to allow the parents to change the surname of the child and such surname shall be 29 changed on the birth record if the parents elect to change the child's surname. The signature of 30 the parents shall be notarized or the signature shall be witnessed by at least two disinterested 31 adults whose signatures and addresses shall be plainly written thereon. The form shall be HB 1434 150 32 accompanied by oral notice, which may be provided through the use of video or audio 33 equipment, and written notice to the mother and putative father of: 34 (1) The alternatives to, the legal consequences of, and the rights and responsibilities that 35 arise from signing the acknowledgment; 36 (2) The benefits of having the child's paternity established; and 37 (3) The availability of paternity establishment and child support enforcement services. 38 A rescission of acknowledgment form shall be filed with the bureau of vital records pursuant to 39 section 210.823 to vacate the legal finding of paternity. The bureau shall file all rescissions and 40 forward a copy of each to the family support division. The birth record shall only be changed 41 pursuant to this subsection upon an order of the court or the family support division. 42 7. The department shall offer voluntary paternity establishment services. 43 8. Upon receipt of a certified copy of an order of a court of competent jurisdiction 44 changing the name of a person born in this state and upon request of such person or such person's 45 parents, guardian or legal representative, the state registrar shall amend the certificate of birth 46 to show the new name. 47 9. Upon receipt of a certified copy of an order of a court of competent jurisdiction 48 indicating the sex of an individual born in this state has been changed by surgical procedure and 49 that such individual's name has been changed, the certificate of birth of such individual shall be 50 amended. 193.265. 1. For the issuance of a certification or copy of a death record, the applicant 2 shall pay a fee of thirteen dollars for the first certification or copy and a fee of ten dollars for each 3 additional copy ordered at that time. For the issuance of a certification or copy of a birth, 4 [marriage] a contract of domestic union, divorce, or fetal death record, the applicant shall pay 5 a fee of fifteen dollars. All fees shall be deposited to the state department of revenue. Beginning 6 August 28, 2004, for each vital records fee collected, the director of revenue shall credit four 7 dollars to the general revenue fund, five dollars to the children's trust fund, one dollar shall be 8 credited to the endowed care cemetery audit fund, and three dollars for the first copy of death 9 records and five dollars for birth, [marriage] a contract of domestic union, divorce, and fetal 10 death records shall be credited to the Missouri public services health fund established in section 11 192.900. Money in the endowed care cemetery audit fund shall be available by appropriation 12 to the division of professional registration to pay its expenses in administering sections 214.270 13 to 214.410. All interest earned on money deposited in the endowed care cemetery audit fund 14 shall be credited to the endowed care cemetery fund. Notwithstanding the provisions of section 15 33.080 to the contrary, money placed in the endowed care cemetery audit fund shall not be 16 transferred and placed to the credit of general revenue until the amount in the fund at the end of 17 the biennium exceeds three times the amount of the appropriation from the endowed care HB 1434 151 18 cemetery audit fund for the preceding fiscal year. The money deposited in the public health 19 services fund under this section shall be deposited in a separate account in the fund, and moneys 20 in such account, upon appropriation, shall be used to automate and improve the state vital 21 records system, and develop and maintain an electronic birth and death registration system. For 22 any search of the files and records, when no record is found, the state shall be entitled to a fee 23 equal to the amount for a certification of a vital record for a five-year search to be paid by the 24 applicant. For the processing of each legitimation, adoption, court order or recording after the 25 registrant's twelfth birthday, the state shall be entitled to a fee equal to the amount for a 26 certification of a vital record. Except whenever a certified copy or copies of a vital record is 27 required to perfect any claim of any person on relief, or any dependent of any person who was 28 on relief for any claim upon the government of the state or United States, the state registrar shall, 29 upon request, furnish a certified copy or so many certified copies as are necessary, without any 30 fee or compensation therefor. 31 2. For the issuance of a certification of a death record by the local registrar, the applicant 32 shall pay a fee of thirteen dollars for the first certification or copy and a fee of ten dollars for each 33 additional copy ordered at that time. For the issuance of a certification or copy of a birth, 34 [marriage] a contract of domestic union, divorce, or fetal death record, the applicant shall pay 35 a fee of fifteen dollars; except that, in any county with a charter form of government and with 36 more than six hundred thousand but fewer than seven hundred thousand inhabitants, a donation 37 of one dollar may be collected by the local registrar over and above any fees required by law 38 when a certification or copy of any [marriage license] contract of domestic union or birth 39 certificate is provided, with such donations collected to be forwarded monthly by the local 40 registrar to the county treasurer of such county and the donations so forwarded to be deposited 41 by the county treasurer into the housing resource commission fund to assist homeless families 42 and provide financial assistance to organizations addressing homelessness in such county. The 43 local registrar shall include a check-off box on the application form for such copies. All fees, 44 other than the donations collected in any county with a charter form of government and with 45 more than six hundred thousand but fewer than seven hundred thousand inhabitants for [marriage 46 licenses] contracts of domestic union and birth certificates, shall be deposited to the official city 47 or county health agency. A certified copy of a death record by the local registrar can only be 48 issued within twenty-four hours of receipt of the record by the local registrar. 49 Computer-generated certifications of death records may be issued by the local registrar after 50 twenty-four hours of receipt of the records. The fees paid to the official county health agency 51 shall be retained by the local agency for local public health purposes. 193.275. 1. Every person in charge of an institution shall keep a record of data 2 concerning each person admitted or confined to such institution as may be required for the filing HB 1434 152 3 of a certificate of birth and death or report of spontaneous fetal death which occurs in the 4 institution. The record shall be made from information provided by the person being admitted 5 or confined, but when it cannot be so obtained, the information shall be obtained from relatives 6 or other persons acquainted with the facts. The name and address of the person providing the 7 information shall be a part of the record. 8 2. When a dead body or dead fetus is released or disposed of by an institution, the person 9 in charge of the institution shall keep a record showing the name of the decedent, date of death, 10 name and address of the person to whom the body or fetus is released, and the date of removal 11 from the institution. If final disposition is made by the institution, the date, place, and manner 12 of disposition shall also be recorded. 13 3. A funeral director, embalmer, sexton, or other person who removes from the place of 14 death, transports, or makes final disposition of a dead body or fetus, in addition to filing any 15 certificate or other report required by sections 193.005 to 193.325, or regulations promulgated 16 hereunder, shall keep a record which shall identify the body, and such information pertaining to 17 his receipt, removal, delivery, burial, or cremation of such body as may be required by 18 regulations adopted by the department. 19 4. Records maintained under this section shall be retained for a period of not less than 20 five years and shall be made available for inspection by the state registrar or his designee upon 21 demand. 22 5. Any person having knowledge of the facts shall furnish such information as he or she 23 may possess regarding any birth, death, spontaneous fetal death, [marriage, or dissolution of 24 marriage] contract of domestic union, or dissolution of a contract of domestic union upon 25 demand of the state registrar. 194.115. 1. Except when ordered or directed by a public officer, court of record or 2 agency authorized by law to order an autopsy or postmortem examination, it is unlawful for any 3 licensed physician and surgeon to perform an autopsy or postmortem examination upon the 4 remains of any person without the consent of one of the following: 5 (1) The deceased, if in writing, and duly signed and acknowledged prior to his death; or 6 (2) A person designated by the deceased in a durable power of attorney that expressly 7 refers to the giving of consent to an autopsy or postmortem examination; or 8 (3) The surviving spouse; or 9 (4) If the surviving spouse through injury, illness or mental capacity is incapable of 10 giving his or her consent, or if the surviving spouse is unknown, or his or her address unknown 11 or beyond the boundaries of the United States, or if he or she has been separated and living apart 12 from the deceased, or if there is no surviving spouse, then any surviving child, parent, brother 13 or sister, in the order named; or HB 1434 153 14 (5) If no surviving child, parent, brother or sister can be contacted by telephone or 15 telegraph, then any other relative, by blood or [marriage] a contract of domestic union; or 16 (6) If there are no relatives who assume the right to control the disposition of the 17 remains, then any person, friend or friends who assume such responsibility. 18 2. If an individual through injury, illness, or mental capacity is incapable of giving 19 consent prior to his or her death as contemplated by subdivision (1) of subsection 1 of this 20 section, then any child, parent, brother or sister of said individual may petition the court to order 21 that an autopsy or postmortem examination shall be performed upon the remains of said 22 individual following his or her passing. 23 3. If the surviving spouse, child, parent, brother or sister hereinabove mentioned is under 24 the age of twenty-one years, but over the age of sixteen years, such minor shall be deemed of age 25 for the purpose of granting the consent hereinabove required. 26 4. Any licensed physician and surgeon performing an autopsy or postmortem 27 examination with the consent of any of the persons enumerated in subsection 1 of this section 28 shall use his judgment as to the scope and extent to be performed, and shall be in no way liable 29 for such action. 30 5. It is unlawful for any licensed physician, unless specifically authorized by law, to hold 31 a postmortem examination on any unclaimed dead without the consent required by section 32 194.170. 33 6. Any person not a licensed physician performing an autopsy or any licensed physician 34 performing an autopsy without the authorization herein required shall upon conviction be 35 adjudged guilty of a misdemeanor, and subject to the penalty provided for in section 194.180. 36 7. If an autopsy is performed on a deceased patient and an autopsy report is prepared, 37 such report shall be made available upon request to the personal representative or administrator 38 of the estate of the deceased, the surviving spouse, any surviving child, parent, brother or sister 39 of the deceased. 198.088. 1. Every facility, in accordance with the rules applying to each particular type 2 of facility, shall ensure that: 3 (1) There are written policies and procedures available to staff, residents, their families 4 or legal representative and the public which govern all areas of service provided by the facility. 5 The facility shall also retain and make available for public inspection at the facility to staff, 6 residents, their families or legal representative and the public a complete copy of each official 7 notification from the department of violations, deficiencies, licensure approvals, disapprovals, 8 and responses, a description of services, basic rate and charges for any services not covered by 9 the basic rate, if any, and a list of names, addresses and occupation of all individuals who have 10 a proprietary interest in the facility; HB 1434 154 11 (2) Policies relating to admission, transfer, and discharge of residents shall assure that: 12 (a) Only those persons are accepted whose needs can be met by the facility directly or 13 in cooperation with community resources or other providers of care with which it is affiliated or 14 has contracts; 15 (b) As changes occur in their physical or mental condition, necessitating service or care 16 which cannot be adequately provided by the facility, residents are transferred promptly to 17 hospitals, skilled nursing facilities, or other appropriate facilities; and 18 (c) Except in the case of an emergency, the resident, his next of kin, attending physician, 19 and the responsible agency, if any, are consulted at least thirty days in advance of the transfer or 20 discharge of any resident, and casework services or other means are utilized to assure that 21 adequate arrangements exist for meeting his needs through other resources; 22 (3) Policies define the uses of chemical and physical restraints, identify the professional 23 personnel who may authorize the application of restraints in emergencies and describe the 24 mechanism for monitoring and controlling their use; 25 (4) Policies define procedures for submittal of complaints and recommendations by 26 residents and for assuring response and disposition; 27 (5) There are written policies governing access to, duplication of, and dissemination of 28 information from the resident's records; 29 (6) Each resident admitted to the facility: 30 (a) Is fully informed of his rights and responsibilities as a resident. Prior to or at the time 31 of admission, a list of resident rights shall be provided to each resident, or his designee, next of 32 kin, or legal guardian. A list of resident rights shall be posted in a conspicuous location in the 33 facility and copies shall be available to anyone upon request; 34 (b) Is fully informed in writing, prior to or at the time of admission and during stay, of 35 services available in the facility, and of related charges including any charges for services not 36 covered under the federal or state programs or not covered by the facility's basic per diem rate; 37 (c) Is fully informed by a physician of his health and medical condition unless medically 38 contraindicated, as documented by a physician in his resident record, and is afforded the 39 opportunity to participate in the planning of his total care and medical treatment and to refuse 40 treatment, and participates in experimental research only upon his informed written consent; 41 (d) Is transferred or discharged only for medical reasons or for his welfare or that of 42 other residents, or for nonpayment for his stay. No resident may be discharged without notice 43 of his right to a hearing and an opportunity to be heard on the issue of whether his immediate 44 discharge is necessary. Such notice shall be given in writing no less than thirty days in advance 45 of the discharge except in the case of an emergency discharge. In emergency discharges a written HB 1434 155 46 notice of discharge and right to a hearing shall be given as soon as practicable and an expedited 47 hearing shall be held upon request of the resident, next of kin, legal guardian, or nursing facility; 48 (e) Is encouraged and assisted, throughout his period of stay, to exercise his rights as a 49 resident and as a citizen, and to this end may voice grievances and recommend changes in 50 policies and services to facility staff or to outside representatives of his choice, free from 51 restraint, interference, coercion, discrimination, or reprisal; 52 (f) May manage his personal financial affairs, and, to the extent that the facility assists 53 in such management, has his personal financial affairs managed in accordance with section 54 198.090; 55 (g) Is free from mental and physical abuse, and free from chemical and physical 56 restraints except as follows: 57 a. When used as a part of a total program of care to assist the resident to attain or 58 maintain the highest practicable level of physical, mental or psychosocial well-being; 59 b. When authorized in writing by a physician for a specified period of time; and 60 c. When necessary in an emergency to protect the resident from injury to himself or to 61 others, in which case restraints may be authorized by designated professional personnel who 62 promptly report the action taken to the physician. When restraints are indicated, devices that are 63 least restrictive, consistent with the resident's total treatment program, shall be used; 64 (h) Is ensured confidential treatment of all information contained in his records, 65 including information contained in an automatic data bank, and his written consent shall be 66 required for the release of information to persons not otherwise authorized under law to receive 67 it; 68 (i) Is treated with consideration, respect, and full recognition of his dignity and 69 individuality, including privacy in treatment and in care for his personal needs; 70 (j) Is not required to perform services for the facility; 71 (k) May communicate, associate and meet privately with persons of his choice, unless 72 to do so would infringe upon the rights of other residents, and send and receive his personal mail 73 unopened; 74 (l) May participate in activities of social, religious and community groups at his 75 discretion, unless contraindicated for reasons documented by a physician in the resident's medical 76 record; 77 (m) May retain and use his personal clothing and possessions as space permits; 78 (n) If [married] a party to a contract of domestic union, is ensured privacy for visits 79 by his or her spouse; if both are residents in the facility, they are permitted to share a room; and 80 (o) Is allowed the option of purchasing or renting goods or services not included in the 81 per diem or monthly rate from a supplier of his own choice; HB 1434 156 82 (7) The resident or his designee, next of kin or legal guardian receives an itemized bill 83 for all goods and services actually rendered; 84 (8) A written account, available to residents and their families, is maintained on a current 85 basis for each resident with written receipts for all personal possessions and funds received by 86 or deposited with the facility and for all disbursements made to or on behalf of the resident. 87 2. Each facility and the department shall encourage and assist residents in the free 88 exercise of the resident's rights to civil and religious liberties, including knowledge of available 89 choices and the right to independent personal decision. Each resident shall be given a copy of 90 a statement of his rights and responsibilities, including a copy of the facility's rules and 91 regulations. Each facility shall prepare a written plan to ensure the respect of each resident's 92 rights and privacy and shall provide appropriate staff training to implement the plan. 93 3. (1) Each facility shall establish written procedures approved by the department by 94 which complaints and grievances of residents may be heard and considered. The procedures 95 shall provide for referral to the department of any complaints or grievances not resolved by the 96 facility's grievance procedure. 97 (2) Each facility shall designate one staff member, employed full time, referred to in this 98 subsection as the "designee", to receive all grievances when they are first made. 99 (3) If anyone wishes to complain about treatment, conditions, or violations of rights, he 100 shall write or cause to be written his grievance or shall state it orally to the designee no later than 101 fourteen days after the occurrence giving rise to the grievance. When the department receives 102 a complaint that does not contain allegations of abuse or neglect or allegations which would, if 103 substantiated, constitute violation of a class I or class II standard as defined in section 198.085, 104 and the complainant indicates that the complaint was not filed with the facility prior to the 105 reporting of it to the department, the department may in such instances refer the complaint to the 106 staff person who is designated by the facility to receive all grievances when they are first made. 107 In such instances the department shall assure appropriate response from the facility, assure 108 resolution at a subsequent on-site visit and provide a report to the complainant. The designee 109 shall confer with persons involved in the occurrence and with any other witnesses and, no later 110 than three days after the grievance, give a written explanation of findings and proposed remedies, 111 if any, to the complainant and to the aggrieved party, if someone other than the complainant. 112 Where appropriate because of the mental or physical condition of the complainant or the 113 aggrieved party, the written explanation shall be accompanied by an oral explanation. 114 (4) The department shall establish and implement procedures for the making and 115 transmission of complaints to the department by any person alleging violation of the provisions 116 of sections 198.003 to 198.186, 198.200, 208.030, and 208.159 and the standards established 117 thereunder. The department shall promptly review each complaint. In the case of a refusal to HB 1434 157 118 investigate, the department shall promptly notify the complainant of its refusal and the reasons 119 therefor; and in every other case, the department shall, following investigation, notify the 120 complainant of its investigation and any proposed action. 121 4. Whenever the department finds upon investigation that there have been violations of 122 the provisions of sections 198.003 to 198.186, 198.200, 208.030, and 208.159 or the standards 123 established thereunder by any person licensed under the provisions of chapter 330, 331, 332, 334, 124 335, 336, 337, 338, or 344, the department shall forward a report of its findings to the 125 appropriate licensing or examining board for further investigation. 126 5. Each facility shall maintain a complete record of complaints and grievances made 127 against such facility and a record of the final disposition of the complaints and grievances. Such 128 record shall be open to inspection by representatives of the department during normal business 129 hours. 130 6. Nothing in this section shall be construed as requiring a resident to exhaust grievance 131 procedures established by the facility or by the department prior to filing a complaint pursuant 132 to section [198.090] 198.093. 199.009. 1. The department may provide injury prevention, and brain injury evaluation, 2 care, treatment, rehabilitation and such related services directly or through contracts from private 3 and public vendors in this state, the quality of the services being equal, appropriate and 4 consistent with professional advice in the least restrictive environment and as close to an 5 individual's home community as possible, with funds appropriated for this purpose. 6 2. If it is determined through a comprehensive evaluation that a person has a traumatic 7 brain injury so as to require the coordination of provision of services, including other state 8 governmental agencies, nongovernmental and the private sector, and if such person, such 9 person's parent, if the person is a minor, or legal guardian, so requests, the department shall, 10 within the limits of available resources and subject to relevant federal and state laws, secure a 11 comprehensive program of any necessary services for such person. Such services may include, 12 but need not be limited to, the following: 13 (1) Assessment and evaluation; 14 (2) Service coordination; 15 (3) Counseling; 16 (4) Respite care; 17 (5) Recreation; 18 (6) Rehabilitation; 19 (7) Cognitive retraining; 20 (8) Prevocational rehabilitation; 21 (9) Residential care; HB 1434 158 22 (10) Homemaker services; 23 (11) Day activity programs; 24 (12) Supported living; 25 (13) Referral to appropriate services; 26 (14) Transportation; 27 (15) Supported work, if provided by the department, shall be directed toward preparation 28 for education or vocational achievement, independent living, and community participation. 29 Long-term needs shall be identified and efforts made to link participants with appropriate 30 resources. 31 3. In securing the comprehensive program of services, the department shall involve the 32 participant, his or her family or his or her legal guardian in decisions affecting his or her care, 33 rehabilitation, services or referral. The quality of the services being equal, appropriate and 34 consistent with professional advice, services shall be offered in the least restrictive environment 35 and as close to an individual's home community as possible. 36 4. In accordance with state and federal law, no service or program operated or funded 37 by the department shall deny admission or other services to any person because of the person's 38 race, sex, creed, [marital] domestic union status, national origin, handicap, or age. 199.043. In accordance with state and federal law, no residential facility, day program 2 or specialized service operated or funded by the department shall deny admission or other 3 services to any person because of his race, sex, creed, [marital] domestic union status, national 4 origin, handicap or age. 205.970. 1. When approved by the voters pursuant to section 205.971, the governing 2 body of the county or city not within a county shall appoint a board of directors consisting of a 3 total of nine members, two of whom shall be related by blood or [marriage] a contract of 4 domestic union within the third degree to a handicapped person as defined in section 205.968, 5 and four of whom shall be public members. At least seven of the board members shall be 6 residents of the county or city not within a county where the facility is located. After September 7 28, 1979, all board members shall be appointed to serve for a term of three years, except that of 8 the first board appointed after September 28, 1979, three members shall be appointed for 9 one-year terms, three members for two-year terms and three members for three-year terms. 10 Board members may be reappointed. The directors shall not receive compensation for their 11 services, but may be reimbursed for their actual and necessary expenses. 12 2. The administrative control and management of the facility shall rest solely with the 13 board, and the board shall employ all necessary personnel, fix their compensation, and provide 14 suitable quarters and equipment for the operation of the facility from funds made available for 15 this purpose. HB 1434 159 16 3. Notwithstanding any provision of law to the contrary, and irrespective of whether or 17 not a county sheltered workshop or residence facility has been established, the board may 18 contract to provide services relating in whole or in part to the services which the board may 19 provide to handicapped persons as defined in this law and for such purpose may expend the tax 20 funds or other funds. 21 4. The board shall elect a chairman, vice chairman, treasurer, and such other officers as 22 it deems necessary for its membership. Before taking office, the treasurer shall furnish a surety 23 bond, in an amount to be determined and in a form to be approved by the board, for the faithful 24 performance of his duties and faithful accounting of all moneys that may come into his hands. 25 The treasurer shall enter into the surety bond with a surety company authorized to do business 26 in Missouri, and the cost of such bond shall be paid by the board of directors. 27 5. The board shall set rules for admission to the facility, and shall do all other things 28 necessary to carry out the purposes of sections 205.968 to 205.972. 29 6. The board may contract with any not-for-profit corporation including any corporation 30 which is incorporated for the purpose of implementing the provisions of sections 178.900 to 31 178.970 for any common services, or for the common use of any property of either group. 32 7. The board may accept any gift of property or money for the use and benefit of the 33 facility, and the board is authorized to sell or exchange any such property which it believes 34 would be to the benefit of the facility so long as the proceeds are used exclusively for facility 35 purposes. The board shall have exclusive control of all gifts, property or money it may accept; 36 of all interest or other proceeds which may accrue from the investment of such gifts or money 37 or from the sale of such property; of all tax revenues collected by the county on behalf of the 38 facilities or services; and of all other funds granted, appropriated, or loaned to it by the federal 39 government, the state, or its political subdivisions so long as these resources are used solely to 40 benefit the facility or related services except those paid for transportation purposes under the 41 provisions of section 94.645. 42 8. Any board member may, following notice and an opportunity to be heard, be removed 43 from office by a majority vote of the other members of the board for any of the following 44 grounds: 45 (1) Failure to attend five consecutive meetings, without good cause; 46 (2) Conduct prejudicial to the good order and efficient operation of the facility or 47 services; or 48 (3) Neglect of duty. The chairman of the board shall preside at such removal hearing, 49 unless he or she is the person sought to be removed. In which case the hearing shall be presided 50 over by another member elected by the majority vote of the other board members. All interested 51 parties may present testimony and arguments at such hearing, and the witnesses shall be sworn HB 1434 160 52 by oath or affirmation before testifying. Any interested party may, at his or her own expense, 53 record the proceedings. 54 9. Vacancies in the board occasioned by removals, resignations or otherwise shall be 55 reported by the board chairman to the mayor's office of a city not within a county or the county 56 commission or county executive officer and shall be filled in like manner as original 57 appointments; except that, if the vacancy occurs during an unexpired term, the appointment shall 58 be for only the unexpired portion of that term. 59 10. Individual board members shall not be eligible for employment by the board within 60 twelve months of termination of service as a member of the board. 61 11. No person shall be employed by the board who is related within the third degree by 62 blood or by [marriage] a contract of domestic union to or with any member of the board. 208.010. 1. In determining the eligibility of a claimant for public assistance pursuant 2 to this law, it shall be the duty of the family support division to consider and take into account 3 all facts and circumstances surrounding the claimant, including his or her living conditions, 4 earning capacity, income and resources, from whatever source received, and if from all the facts 5 and circumstances the claimant is not found to be in need, assistance shall be denied. In 6 determining the need of a claimant, the costs of providing medical treatment which may be 7 furnished pursuant to sections 208.151 to 208.158 shall be disregarded. The amount of benefits, 8 when added to all other income, resources, support, and maintenance shall provide such persons 9 with reasonable subsistence compatible with decency and health in accordance with the standards 10 developed by the family support division; provided, when a husband and wife are living together, 11 the combined income and resources of both shall be considered in determining the eligibility of 12 either or both. "Living together" for the purpose of this chapter is defined as including a husband 13 and wife separated for the purpose of obtaining medical care or nursing home care, except that 14 the income of a husband or wife separated for such purpose shall be considered in determining 15 the eligibility of his or her spouse, only to the extent that such income exceeds the amount 16 necessary to meet the needs (as defined by rule or regulation of the division) of such husband or 17 wife living separately. In determining the need of a claimant in federally aided programs there 18 shall be disregarded such amounts per month of earned income in making such determination 19 as shall be required for federal participation by the provisions of the federal Social Security Act 20 (42 [U.S.C.A.] U.S.C. Section 301, et seq.), or any amendments thereto. When federal law or 21 regulations require the exemption of other income or resources, the family support division may 22 provide by rule or regulation the amount of income or resources to be disregarded. 23 2. Benefits shall not be payable to any claimant who: 24 (1) Has or whose spouse with whom he or she is living has, prior to July 1, 1989, given 25 away or sold a resource within the time and in the manner specified in this subdivision. In HB 1434 161 26 determining the resources of an individual, unless prohibited by federal statutes or regulations, 27 there shall be included (but subject to the exclusions pursuant to subdivisions (4) and (5) of this 28 subsection, and subsection 5 of this section) any resource or interest therein owned by such 29 individual or spouse within the twenty-four months preceding the initial investigation, or at any 30 time during which benefits are being drawn, if such individual or spouse gave away or sold such 31 resource or interest within such period of time at less than fair market value of such resource or 32 interest for the purpose of establishing eligibility for benefits, including but not limited to 33 benefits based on December, 1973, eligibility requirements, as follows: 34 (a) Any transaction described in this subdivision shall be presumed to have been for the 35 purpose of establishing eligibility for benefits or assistance pursuant to this chapter unless such 36 individual furnishes convincing evidence to establish that the transaction was exclusively for 37 some other purpose; 38 (b) The resource shall be considered in determining eligibility from the date of the 39 transfer for the number of months the uncompensated value of the disposed of resource is 40 divisible by the average monthly grant paid or average Medicaid payment in the state at the time 41 of the investigation to an individual or on his or her behalf under the program for which benefits 42 are claimed, provided that: 43 a. When the uncompensated value is twelve thousand dollars or less, the resource shall 44 not be used in determining eligibility for more than twenty-four months; or 45 b. When the uncompensated value exceeds twelve thousand dollars, the resource shall 46 not be used in determining eligibility for more than sixty months; 47 (2) The provisions of subdivision (1) of this subsection shall not apply to a transfer, other 48 than a transfer to claimant's spouse, made prior to March 26, 1981, when the claimant furnishes 49 convincing evidence that the uncompensated value of the disposed of resource or any part thereof 50 is no longer possessed or owned by the person to whom the resource was transferred; 51 (3) Has received, or whose spouse with whom he or she is living has received, benefits 52 to which he or she was not entitled through misrepresentation or nondisclosure of material facts 53 or failure to report any change in status or correct information with respect to property or income 54 as required by section 208.210. A claimant ineligible pursuant to this [subsection] subdivision 55 shall be ineligible for such period of time from the date of discovery as the family support 56 division may deem proper; or in the case of overpayment of benefits, future benefits may be 57 decreased, suspended or entirely withdrawn for such period of time as the division may deem 58 proper; 59 (4) Owns or possesses resources in the sum of one thousand dollars or more; provided, 60 however, that if such person is [married] a party to a contract of domestic union and living 61 with spouse, he or she, or they, individually or jointly, may own resources not to exceed two HB 1434 162 62 thousand dollars; and provided further, that in the case of a temporary assistance for needy 63 families claimant, a MO HealthNet blind claimant, a MO HealthNet aged claimant, or a MO 64 HealthNet permanent and total disability claimant, the provision of this subsection shall not 65 apply; 66 (5) Prior to October 1, 1989, owns or possesses property of any kind or character, 67 excluding amounts placed in an irrevocable prearranged funeral or burial contract under chapter 68 436, or has an interest in property, of which he or she is the record or beneficial owner, the value 69 of such property, as determined by the family support division, less encumbrances of record, 70 exceeds twenty-nine thousand dollars, or if [married] a party to a contract of domestic union 71 and actually living together with husband or wife, if the value of his or her property, or the value 72 of his or her interest in property, together with that of such husband and wife, exceeds such 73 amount; 74 (6) In the case of temporary assistance for needy families, if the parent, stepparent, and 75 child or children in the home owns or possesses property of any kind or character, or has an 76 interest in property for which he or she is a record or beneficial owner, the value of such 77 property, as determined by the family support division and as allowed by federal law or 78 regulation, less encumbrances of record, exceeds one thousand dollars, excluding the home 79 occupied by the claimant, amounts placed in an irrevocable prearranged funeral or burial contract 80 under chapter 436, one automobile which shall not exceed a value set forth by federal law or 81 regulation and for a period not to exceed six months, such other real property which the family 82 is making a good-faith effort to sell, if the family agrees in writing with the family support 83 division to sell such property and from the net proceeds of the sale repay the amount of 84 assistance received during such period. If the property has not been sold within six months, or 85 if eligibility terminates for any other reason, the entire amount of assistance paid during such 86 period shall be a debt due the state; 87 (7) In the case of MO HealthNet blind claimants, MO HealthNet aged claimants, and 88 MO HealthNet permanent and total disability claimants, starting in fiscal year 2018, owns or 89 possesses resources not to exceed two thousand dollars; provided, however, that if such person 90 is [married] a party to a contract of domestic union and living with spouse, he or she, or they, 91 individually or jointly, may own resources not to exceed four thousand dollars except for medical 92 savings accounts and independent living accounts as defined and limited under subsection 3 of 93 section 208.146. These resource limits shall be increased annually by one thousand dollars and 94 two thousand dollars respectively until the sum of resources reach the amount of five thousand 95 dollars and ten thousand dollars respectively by fiscal year 2021. Beginning in fiscal year 2022 96 and each successive fiscal year thereafter, the division shall measure the cost-of-living 97 percentage increase, if any, as of the preceding July over the level as of July of the immediately HB 1434 163 98 preceding year of the Consumer Price Index for All Urban Consumers or successor index 99 published by the U.S. Department of Labor or its successor agency, and the sum of resources 100 allowed under this subdivision shall be modified accordingly to reflect any increases in the 101 cost-of-living, with the amount of the resource limit rounded to the nearest five cents; 102 (8) Is an inmate of a public institution, except as a patient in a public medical institution. 103 3. In determining eligibility and the amount of benefits to be granted pursuant to 104 federally aided programs, the income and resources of a relative or other person living in the 105 home shall be taken into account to the extent the income, resources, support and maintenance 106 are allowed by federal law or regulation to be considered. 107 4. In determining eligibility and the amount of benefits to be granted pursuant to 108 federally aided programs, the value of burial lots or any amounts placed in an irrevocable 109 prearranged funeral or burial contract under chapter 436 shall not be taken into account or 110 considered an asset of the burial lot owner or the beneficiary of an irrevocable prearranged 111 funeral or funeral contract. For purposes of this section, "burial lots" means any burial space as 112 defined in section 214.270 and any memorial, monument, marker, tombstone or letter marking 113 a burial space. If the beneficiary, as defined in chapter 436, of an irrevocable prearranged funeral 114 or burial contract receives any public assistance benefits pursuant to this chapter and if the 115 purchaser of such contract or his or her successors in interest transfer, amend, or take any other 116 such actions regarding the contract so that any person will be entitled to a refund, such refund 117 shall be paid to the state of Missouri with any amount in excess of the public assistance benefits 118 provided under this chapter to be refunded by the state of Missouri to the purchaser or his or her 119 successors. In determining eligibility and the amount of benefits to be granted under federally 120 aided programs, the value of any life insurance policy where a seller or provider is made the 121 beneficiary or where the life insurance policy is assigned to a seller or provider, either being in 122 consideration for an irrevocable prearranged funeral contract under chapter 436, shall not be 123 taken into account or considered an asset of the beneficiary of the irrevocable prearranged funeral 124 contract. In addition, the value of any funds, up to nine thousand nine hundred ninety-nine 125 dollars, placed into an irrevocable personal funeral trust account, where the trustee of the 126 irrevocable personal funeral trust account is a state or federally chartered financial institution 127 authorized to exercise trust powers in the state of Missouri, shall not be taken into account or 128 considered an asset of the person whose funds are so deposited if such funds are restricted to be 129 used only for the burial, funeral, preparation of the body, or other final disposition of the person 130 whose funds were deposited into said personal funeral trust account. No person or entity shall 131 charge more than ten percent of the total amount deposited into a personal funeral trust in order 132 to create or set up said personal funeral trust, and any fees charged for the maintenance of such 133 a personal funeral trust shall not exceed three percent of the trust assets annually. Trustees may HB 1434 164 134 commingle funds from two or more such personal funeral trust accounts so long as accurate 135 books and records are kept as to the value, deposits, and disbursements of each individual 136 depositor's funds and trustees are to use the prudent investor standard as to the investment of any 137 funds placed into a personal funeral trust. If the person whose funds are deposited into the 138 personal funeral trust account receives any public assistance benefits pursuant to this chapter and 139 any funds in the personal funeral trust account are, for any reason, not spent on the burial, 140 funeral, preparation of the body, or other final disposition of the person whose funds were 141 deposited into the trust account, such funds shall be paid to the state of Missouri with any 142 amount in excess of the public assistance benefits provided under this chapter to be refunded by 143 the state of Missouri to the person who received public assistance benefits or his or her 144 successors. No contract with any cemetery, funeral establishment, or any provider or seller shall 145 be required in regards to funds placed into a personal funeral trust account as set out in this 146 subsection. 147 5. In determining the total property owned pursuant to subdivision (5) of subsection 2 148 of this section, or resources, of any person claiming or for whom public assistance is claimed, 149 there shall be disregarded any life insurance policy, or prearranged funeral or burial contract, or 150 any two or more policies or contracts, or any combination of policies and contracts, which 151 provides for the payment of one thousand five hundred dollars or less upon the death of any of 152 the following: 153 (1) A claimant or person for whom benefits are claimed; or 154 (2) The spouse of a claimant or person for whom benefits are claimed with whom he or 155 she is living. 156 157 If the value of such policies exceeds one thousand five hundred dollars, then the total value of 158 such policies may be considered in determining resources; except that, in the case of temporary 159 assistance for needy families, there shall be disregarded any prearranged funeral or burial 160 contract, or any two or more contracts, which provides for the payment of one thousand five 161 hundred dollars or less per family member. 162 6. Beginning September 30, 1989, when determining the eligibility of institutionalized 163 spouses, as defined in 42 U.S.C. Section 1396r-5, for medical assistance benefits as provided for 164 in section 208.151 and 42 U.S.C. Sections 1396a, et seq., the family support division shall 165 comply with the provisions of the federal statutes and regulations. As necessary, the division 166 shall by rule or regulation implement the federal law and regulations which shall include but not 167 be limited to the establishment of income and resource standards and limitations. The division 168 shall require: HB 1434 165 169 (1) That at the beginning of a period of continuous institutionalization that is expected 170 to last for thirty days or more, the institutionalized spouse, or the community spouse, may request 171 an assessment by the family support division of total countable resources owned by either or both 172 spouses; 173 (2) That the assessed resources of the institutionalized spouse and the community spouse 174 may be allocated so that each receives an equal share; 175 (3) That upon an initial eligibility determination, if the community spouse's share does 176 not equal at least twelve thousand dollars, the institutionalized spouse may transfer to the 177 community spouse a resource allowance to increase the community spouse's share to twelve 178 thousand dollars; 179 (4) That in the determination of initial eligibility of the institutionalized spouse, no 180 resources attributed to the community spouse shall be used in determining the eligibility of the 181 institutionalized spouse, except to the extent that the resources attributed to the community 182 spouse do exceed the community spouse's resource allowance as defined in 42 U.S.C. Section 183 1396r-5; 184 (5) That beginning in January, 1990, the amount specified in subdivision (3) of this 185 subsection shall be increased by the percentage increase in the Consumer Price Index for All 186 Urban Consumers between September, 1988, and the September before the calendar year 187 involved; and 188 (6) That beginning the month after initial eligibility for the institutionalized spouse is 189 determined, the resources of the community spouse shall not be considered available to the 190 institutionalized spouse during that continuous period of institutionalization. 191 7. Beginning July 1, 1989, institutionalized individuals shall be ineligible for the periods 192 required and for the reasons specified in 42 U.S.C. Section 1396p. 193 8. The hearings required by 42 U.S.C. Section 1396r-5 shall be conducted pursuant to 194 the provisions of section 208.080. 195 9. Beginning October 1, 1989, when determining eligibility for assistance pursuant to 196 this chapter there shall be disregarded unless otherwise provided by federal or state statutes the 197 home of the applicant or recipient when the home is providing shelter to the applicant or 198 recipient, or his or her spouse or dependent child. The family support division shall establish by 199 rule or regulation in conformance with applicable federal statutes and regulations a definition of 200 the home and when the home shall be considered a resource that shall be considered in 201 determining eligibility. 202 10. Reimbursement for services provided by an enrolled Medicaid provider to a recipient 203 who is duly entitled to Title XIX Medicaid and Title XVIII Medicare Part B, Supplementary 204 Medical Insurance (SMI) shall include payment in full of deductible and coinsurance amounts HB 1434 166 205 as determined due pursuant to the applicable provisions of federal regulations pertaining to Title 206 XVIII Medicare Part B, except for hospital outpatient services or the applicable Title XIX cost 207 sharing. 208 11. A "community spouse" is defined as being the noninstitutionalized spouse. 209 12. An institutionalized spouse applying for Medicaid and having a spouse living in the 210 community shall be required, to the maximum extent permitted by law, to divert income to such 211 community spouse to raise the community spouse's income to the level of the minimum monthly 212 needs allowance, as described in 42 U.S.C. Section 1396r-5. Such diversion of income shall 213 occur before the community spouse is allowed to retain assets in excess of the community spouse 214 protected amount described in 42 U.S.C. Section 1396r-5. 208.026. 1. This section and sections 208.040, 208.067, and 208.244 shall be known 2 and may be cited as the "Strengthening Missouri Families Act". 3 2. For the purposes of this section and sections 208.040 and 208.244, "work activities" 4 shall have the same meaning as defined in 42 U.S.C. Section 607(d), including: 5 (1) Unsubsidized employment; 6 (2) Subsidized private sector employment; 7 (3) Subsidized public sector employment; 8 (4) Work experience, including work associated with refurbishing of publicly assisted 9 housing, if sufficient private sector employment is not available; 10 (5) On-the-job training; 11 (6) Job search and job readiness assistance, which shall include utilization of the state 12 employment database website. The department shall, in conjunction with the department of 13 economic development, create a database tracking method in order to track temporary assistance 14 for needy families benefits recipients' utilization of the employment database for the purpose of 15 recording work activities, as well as include information on the state employment database 16 website about the temporary assistance for needy families program's eligibility and work 17 requirements, application process, and contact information; 18 (7) Community service programs; 19 (8) Vocational educational training, provided that such training does not exceed twelve 20 months for any individual; 21 (9) Job skills training directly related to employment; 22 (10) Education directly related to employment for individuals who have not received a 23 high school diploma or certificate of high school equivalency; 24 (11) Satisfactory attendance at a secondary school, provided that the individual has not 25 already completed secondary school; and HB 1434 167 26 (12) Provision of child care services to an individual who is participating in a community 27 service program. 28 3. Beginning January 1, 2016, any parent or caretaker seeking assistance under the 29 temporary assistance for needy families program shall engage in work activities before becoming 30 eligible for benefits, unless such individual is otherwise exempt from the work requirement. 31 4. If after an investigation the department determines that a person is not cooperating 32 with a work activity requirement under the temporary assistance for needy families program, a 33 representative of the department shall meet face-to-face with the person to explain the potential 34 sanction and the requirements to cure the sanction. After the meeting, the person shall have six 35 weeks to comply with the work activity requirement, during which time no sanction of benefits 36 shall occur. If the person does not comply with the work activity requirement within that 37 six-week period, the department shall immediately apply a sanction terminating fifty percent of 38 the amount of temporary assistance benefits to or for the person and the person's family for a 39 maximum of ten weeks. During that period of sanctions, the person shall remain on the caseload 40 in sanction status and a representative of the department shall attempt to meet face-to-face with 41 the person to explain the existing sanction and the requirements to cure the sanction. To cure 42 a sanction, the person shall perform work activities for at least a minimum average of thirty 43 hours per week for one month, as described in 45 CFR 261.31(d). If the person does not cure 44 the sanction, the case shall be closed. 45 5. To return to the temporary assistance for needy families benefits program after having 46 been sanctioned off the caseload under subsection 4 of this section, the person shall complete 47 work activities for a minimum average of thirty hours per week within one month of the 48 temporary assistance eligibility interview. 49 6. This section does not prohibit the state from providing child care or any other related 50 social or support services for a person who is eligible for financial assistance but to whom that 51 assistance is not paid because of the person's failure to cooperate with the work activity. 52 7. In order to encourage the formation and maintenance of two-parent families, when a 53 temporary assistance for needy families benefits recipient [marries] becomes a party to a 54 contract of domestic union, the new spouse's income and assets shall be disregarded for six 55 consecutive months. This disregard shall be a once-in-a-lifetime benefit for the recipient. 56 8. The department shall promulgate rules to implement this section including procedures 57 to determine whether a person has cooperated with the requirements of the work activity and 58 procedures for notification of a caretaker relative, second parent, or payee receiving the financial 59 assistance on behalf of the person's family unit. Any rule or portion of a rule, as that term is 60 defined in section 536.010, that is created under the authority delegated in this section shall 61 become effective only if it complies with and is subject to all of the provisions of chapter 536 HB 1434 168 62 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of 63 the powers vested with the general assembly pursuant to chapter 536 to review, to delay the 64 effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the 65 grant of rulemaking authority and any rule proposed or adopted after August 28, 2015, shall be 66 invalid and void. 208.040. 1. Temporary assistance benefits shall be granted on behalf of a dependent 2 child or children and may be granted to the parents or other needy eligible relative caring for a 3 dependent child or children who: 4 (1) Is under the age of eighteen years; or is under the age of nineteen years and a 5 full-time student in a secondary school (or at the equivalent level of vocational or technical 6 training), if before the child attains the age of nineteen the child may reasonably be expected to 7 complete the program of the secondary school (or vocational or technical training); 8 (2) Has been deprived of parental support or care by reason of the death, continued 9 absence from the home, or physical or mental incapacity of a parent, and who is living with 10 father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, 11 stepsister, uncle, aunt, first cousin, nephew or niece, in a place of residence maintained by one 12 or more of such relatives as the child's own home, and financial aid for such child is necessary 13 to save the child from neglect and to secure for the child proper care in such home. Physical or 14 mental incapacity shall be certified to by competent medical or other appropriate authority 15 designated by the family support division, and such certificate is hereby declared to be competent 16 evidence in any proceedings concerning the eligibility of such claimant to receive temporary 17 assistance benefits. Benefits may be granted and continued for this reason only while it is the 18 judgment of the family support division that a physical or mental defect, illness or disability 19 exists which prevents the parent from performing any gainful work; 20 (3) Is not receiving supplemental aid to the blind, blind pension, supplemental payments, 21 or aid or public relief as an unemployable person; 22 (4) Is a resident of the state of Missouri. 23 2. The family support division shall require as additional conditions of eligibility for 24 benefits that each applicant for or recipient of assistance: 25 (1) Shall furnish to the division the applicant's or recipient's Social Security number or 26 numbers, if the applicant or recipient has more than one such number; 27 (2) Shall assign to the family support division in behalf of the state any rights to support 28 from any other person such applicant may have in the applicant's own behalf or in behalf of any 29 other person for whom the applicant is applying for or receiving assistance. An application for 30 benefits made under this section shall constitute an assignment of support rights which shall take 31 effect, by operation of law, upon a determination that the applicant is eligible for assistance HB 1434 169 32 under this section. The assignment shall comply with the requirements of 42 U.S.C. Section 33 608(a)(3) and authorizes the family support division of the department of social services to bring 34 any administrative or judicial action to establish or enforce a current support obligation, to 35 collect support arrearages accrued under an existing order for support, or to seek reimbursement 36 of support provided by the division; 37 (3) Shall cooperate with the family support division unless the division determines in 38 accordance with federally prescribed standards that such cooperation is contrary to the best 39 interests of the child on whose behalf assistance is claimed or to the caretaker of such child, in 40 establishing the paternity of a child born out of [wedlock] a contract of domestic union with 41 respect to whom assistance is claimed, and in obtaining support payments for such applicant and 42 for a child with respect to whom such assistance is claimed, or in obtaining any other payments 43 or property due such applicant or such child. The family support division shall impose all 44 penalties allowed pursuant to federal participation requirements; 45 (4) Shall cooperate with the department of social services in identifying and providing 46 information to assist the state in pursuing any third party who may be liable to pay for care and 47 services available under the state's plan for medical assistance as provided in section 208.152, 48 unless such individual has good cause for refusing to cooperate as determined by the department 49 of social services in accordance with federally prescribed standards; and 50 (5) Shall participate in any program designed to reduce the recipient's dependence on 51 welfare, if requested to do so by the department of social services. 52 3. The division shall require as a condition of eligibility for temporary assistance benefits 53 that a minor child under the age of eighteen who has never [married] been a party to a contract 54 of domestic union and who has a dependent child in his or her care, or who is pregnant and 55 otherwise eligible for temporary assistance benefits, shall reside in a place of residence 56 maintained by a parent, legal guardian, or other adult relative or in some other adult-supervised 57 supportive living arrangement, as required by Section 403 of P.L. 100-485. Exceptions to the 58 requirements of this subsection shall be allowed in accordance with requirements of the federal 59 Family Support Act of 1988 in any of the following circumstances: 60 (1) The individual has no parent or legal guardian who is living or the whereabouts of 61 the individual's parent or legal guardian is unknown; or 62 (2) The family support division determines that the physical health or safety of the 63 individual or the child of the individual would be jeopardized; or 64 (3) The individual has lived apart from any parent or legal guardian for a period of at 65 least one year prior to the birth of the child or applying for benefits; or HB 1434 170 66 (4) The individual claims to be or to have been the victim of abuse while residing in the 67 home where she would be required to reside and the case has been referred to the child abuse 68 hotline and a "reason to suspect finding" has been made. 69 70 Households where the individual resides with a parent, legal guardian or other adult relative or 71 in some other adult-supervised supportive living arrangement shall, subject to federal waiver to 72 retain full federal financial participation and appropriation, have earned income disregarded from 73 eligibility determinations up to one hundred percent of the federal poverty level. 74 4. If the relative with whom a child is living is found to be ineligible because of refusal 75 to cooperate as required in subdivision (3) of subsection 2 of this section, any assistance for 76 which such child is eligible will be paid in the manner provided in subsection 2 of section 77 208.180, without regard to subsections 1 and 2 of this section. 78 5. The department of social services may implement policies designed to reduce a 79 family's dependence on welfare. The department of social services is authorized to implement 80 these policies by rule promulgated pursuant to section 660.017 and chapter 536, including the 81 following: 82 (1) The department shall increase the earned income and resource disregards allowed 83 recipients to help families achieve a gradual transition to self-sufficiency, including 84 implementing policies to simplify employment-related eligibility standards by increasing the 85 earned income disregard to two-thirds by October 1, 1999. The expanded earned income 86 disregard shall apply only to recipients of cash assistance who obtain employment but not to new 87 applicants for cash assistance who are already working. Once the individual has received the 88 two-thirds disregard for twelve months, the individual would not be eligible for the two-thirds 89 disregard until the individual has not received temporary assistance benefits for twelve 90 consecutive months. The department shall promulgate rules pursuant to chapter 536 to 91 implement the expanded earned income disregard provisions; 92 (2) The department shall permit a recipient's enrollment in educational programs beyond 93 secondary education to qualify as a work activity for purposes of receipt of temporary assistance 94 for needy families. Such education beyond secondary education shall qualify as a work activity 95 if such recipient is attending and according to the standards of the institution and the family 96 support division, making satisfactory progress towards completion of a postsecondary or 97 vocational program. Weekly classroom time and allowable study time shall be applied toward 98 the recipient's weekly work requirement. Such recipient shall be subject to the forty-five-month 99 lifetime limit for receipt of temporary assistance for needy families unless otherwise excluded 100 by rule of the family support division; HB 1434 171 101 (3) Beginning January 1, 2002, and every two years thereafter, the department of social 102 services shall make a detailed report and a presentation on the temporary assistance for needy 103 families program to the house appropriations for social services committee and the house social 104 services, Medicaid and the elderly committee, and the senate aging, families and mental health 105 committee, or comparable committees; 106 (4) Other policies designed to reduce a family's dependence on welfare may include 107 supplementing wages for recipients for the lesser of forty-eight months or the length of the 108 recipient's employment by diverting the temporary assistance grant; 109 (5) Beginning January 1, 2016, the lifetime limit for temporary assistance for needy 110 families shall be forty-five months. The lifetime limit shall not apply to the exceptions set forth 111 in 42 U.S.C. Section 608(a)(7), including but not limited to: 112 (a) Any assistance provided with respect to and during the time in which the individual 113 was a minor child, provided that the minor child was not the head of a household or [married to] 114 a party to a contract of domestic union with the head of a household; and 115 (b) Any family to which the state has granted an exemption for reasons of hardship or 116 if the family includes an individual who has been battered or subjected to extreme cruelty, 117 provided that the average monthly number of such families in a fiscal year shall not exceed 118 twenty percent of the average monthly number of families to which temporary assistance for 119 needy families is provided during the fiscal year or the immediately preceding fiscal year. 120 121 The provisions of this subdivision shall not apply to persons obtaining assistance under 122 subdivision (6) of this subsection; 123 (6) Beginning January 1, 2016, the department shall implement a cash diversion program 124 that grants eligible temporary assistance for needy families benefits recipients lump-sum cash 125 grants for short-term needs, as well as job referrals or referrals to career centers, in lieu of signing 126 up for the long-term monthly cash assistance program upon a showing of good cause as 127 determined by the department. Such lump-sum grants shall be available for use once in a 128 twelve-month period and only five instances in a lifetime. Good cause may include loss of 129 employment, excluding voluntarily quitting or a dismissal due to poor job performance or failure 130 to meet a condition of employment; catastrophic illness or accident of a family member that 131 requires an employed recipient to leave employment; a domestic violence incident; or another 132 situation or emergency that renders an employed family member unable to care for the basic 133 needs of the family. The department shall promulgate rules determining the parameters for the 134 diversion program, including good cause determinations, and shall set the lump-sum maximum 135 limit at three times the family size allowance and for use once in a twelve-month period and only 136 five instances in a lifetime; and HB 1434 172 137 (7) The department shall develop a standardized program orientation for temporary 138 assistance for needy families benefits applicants that informs applicants of the program's rules 139 and requirements, available resources for work activities, and consequences if the program's 140 requirements are not satisfied. Following the orientation, applicants shall sign a participation 141 agreement in which applicants commit to participate in the program and specify the work 142 activities in which they will participate. This participation agreement shall be known as a 143 personal responsibility plan. The department shall not issue a case without confirmation that an 144 applicant has undergone the orientation and signed a personal responsibility plan, unless the 145 individual is otherwise exempt from the work activity requirements. 146 147 The provisions of this subsection shall be subject to compliance by the department with all 148 applicable federal laws and rules regarding temporary assistance for needy families. 149 6. The work history requirements and definition of unemployed shall not apply to any 150 parents in order for these parents to be eligible for assistance pursuant to section 208.041. 151 7. The department shall continue to apply uniform standards of eligibility and benefits, 152 excepting pilot projects, in all political subdivisions of the state. 153 8. Consistent with federal law, the department shall establish income and resource 154 eligibility requirements that are no more restrictive than its July 16, 1996, income and resource 155 eligibility requirements in determining eligibility for temporary assistance benefits. 208.784. 1. The program shall coordinate prescription drug coverage with the Medicare 2 Part D prescription drug benefit, including related supplies as determined by the department[,] 3 for each person who: 4 (1) Is a resident of the state of Missouri and is either: 5 (a) Sixty-five years of age or older; or 6 (b) Is disabled and receiving a Social Security benefit and is enrolled in the Medicare 7 program; 8 (2) Is enrolled in a Medicare Part D drug plan; 9 (3) Is not a member of a retirement plan that is receiving a benefit under the Medicare 10 Prescription Drug, Improvement and Modernization Act of 2003, P.L. 108-173. 11 2. The department shall give initial enrollment priority to the Medicaid dual eligible 12 population. A second enrollment priority will be afforded to Medicare-eligible applicants with 13 annual household incomes at or below one hundred fifty percent of the federal poverty guidelines 14 who also meet the asset test. Medicaid dual eligible persons may be automatically enrolled into 15 the program, as long as they may opt out of the program if they so choose. The department shall 16 determine the procedures for automatic enrollment in, and election out of, the Missouri Rx plan. HB 1434 173 17 Applicants meeting the eligibility requirements set forth in this section may begin enrolling in 18 the program as determined by the department. 19 3. An individual or [married couple] parties to a contract of domestic union who meet 20 the eligibility requirements in subsection 1 of this section and who are not Medicaid dual eligible 21 persons may apply for enrollment in the program by submitting an application to the department, 22 or the department's designee, that attests to the age, residence, household income, and liquid 23 assets of the individual or couple. 209.030. Every adult blind person, eighteen years of age or over, of good moral character 2 who shall have been a resident of the state of Missouri for one year or more next preceding the 3 time of making application for the pension herein provided and every adult blind person eighteen 4 years of age or over who may have lost his or her sight while a bona fide resident of this state and 5 who has been a continuous resident thereof since such loss of sight, shall be entitled to receive, 6 when enrolled under the provisions of sections 209.010 to 209.160, an annual pension as 7 provided for herein, payable in equal monthly installments, provided that no such person shall 8 be entitled to a pension who owns property or has an interest in property to the value of twenty 9 thousand dollars or more, or if [married] a party to a contract of domestic union and actually 10 living with husband or wife, if the value of his or her interest in property, together with that of 11 such husband or wife, exceeds said amount; provided, further, that in determining the total value 12 of property owned, the real estate occupied by the blind person or spouse as the home, shall be 13 excluded; or who has a sighted spouse resident in this state who upon the investigation of the 14 family support division may be found to be able to provide for the reasonable support of such 15 applicant, or while publicly soliciting alms in any manner or through any artifice in any part of 16 this state; and provided, further, that blind persons who are maintained in private or endowed 17 institutions or who are inmates of a public institution shall not be entitled to the benefits of 18 sections 209.010 to 209.160, except as a patient in a public medical institution; provided, 19 benefits shall not be paid to a blind person under sixty-five years of age, who is a patient in an 20 institution for mental diseases or tuberculosis. In order to comply with federal laws and 21 regulations and state plans in making payments to or on behalf of mentally ill individuals 22 sixty-five years of age, or over, who are patients in a state mental institution, the family support 23 division shall require agreements or other arrangements with the institution to provide a 24 framework for cooperation and to assure that state plan requirements and federal laws and 25 regulations relating to such payment will be observed. In the event the federal laws or 26 regulations will not permit approval of the state plan for benefit payments to or on behalf of an 27 individual who is sixty-five years of age, or over, and is a patient in a state institution for mental 28 diseases, this portion of this section shall be inoperative until approval of a state plan is obtained. HB 1434 174 209.625. 1. Notwithstanding any law to the contrary, the assets of the ABLE program 2 held by the board and the assets of any ABLE account and any income therefrom shall be exempt 3 from all taxation by the state or any of its political subdivisions. Income earned or received 4 from an ABLE account or deposit shall not be subject to state income tax imposed pursuant to 5 chapter 143. The exemption from taxation pursuant to this section shall apply only to assets and 6 income maintained, accrued, or expended pursuant to the requirements of the ABLE program 7 established pursuant to sections 209.600 to 209.645, and no exemption shall apply to assets and 8 income expended for any other purposes. Annual contributions made to the ABLE program 9 held by the board up to and including eight thousand dollars per participating taxpayer, and up 10 to sixteen thousand dollars for [married individuals] parties to a contract of domestic union 11 filing a joint tax return, shall be subtracted in determining Missouri adjusted gross income 12 pursuant to section 143.121. 13 2. If any deductible contributions to or earnings from any such program referred to in this 14 section are distributed and not used to pay qualified disability expenses or are not held for the 15 minimum length of time established by the appropriate Missouri board, the amount so distributed 16 shall be added to the Missouri adjusted gross income of the participant, or, if the participant is 17 not living, the designated beneficiary. 18 3. The provisions of this section shall apply to tax years beginning on or after January 19 1, 2015. 210.211. 1. It shall be unlawful for any person to establish, maintain or operate a 2 child-care facility for children, or to advertise or hold himself or herself out as being able to 3 perform any of the services as defined in section 210.201, without having in effect a written 4 license granted by the department of health and senior services; except that nothing in sections 5 210.203 to 210.245 shall apply to: 6 (1) Any person who is caring for four or fewer children. For purposes of this 7 subdivision, children who are related by blood, [marriage] a contract of domestic union, or 8 adoption to such person within the third degree shall not be considered in the total number of 9 children being cared for; 10 (2) Any person who has been duly appointed by a court of competent jurisdiction the 11 guardian of the person of the child or children, or the person who has legal custody of the child 12 or children; 13 (3) Any person who receives free of charge, and not as a business, for periods not 14 exceeding ninety consecutive days, as bona fide, occasional and personal guests the child or 15 children of personal friends of such person, and who receives custody of no other unrelated child 16 or children; HB 1434 175 17 (4) Any graded boarding school, summer camp, hospital, sanitarium or home which is 18 conducted in good faith primarily to provide education, recreation, medical treatment, or nursing 19 or convalescent care for children; 20 (5) Any child-care facility maintained or operated under the exclusive control of a 21 religious organization. When a nonreligious organization, having as its principal purpose the 22 provision of child-care services, enters into an arrangement with a religious organization for the 23 maintenance or operation of a child-care facility, the facility is not under the exclusive control 24 of the religious organization; 25 (6) Any residential facility or day program licensed by the department of mental health 26 pursuant to sections 630.705 to 630.760 which provides care, treatment and habilitation 27 exclusively to children who have a primary diagnosis of mental disorder, mental illness, 28 intellectual disability or developmental disability, as defined in section 630.005; and 29 (7) Any nursery school. 30 2. Notwithstanding the provisions of subsection 1 of this section, no child-care facility 31 shall be exempt from licensure if such facility receives any state or federal funds for providing 32 care for children, except for federal funds for those programs which meet the requirements for 33 participation in the Child and Adult Care Food Program pursuant to 42 U.S.C. Section 1766. 34 Grants to parents for child care pursuant to sections 210.201 to 210.257 shall not be construed 35 to be funds received by a person or facility listed in subdivisions (1) and (5) of subsection 1 of 36 this section. 37 3. Any child care facility not exempt from licensure shall disclose the licensure status 38 of the facility to the parents or guardians of children for which the facility provides care. No 39 child care facility exempt from licensure shall represent to any parent or guardian of children for 40 which the facility provides care that the facility is licensed when such facility is in fact not 41 licensed. 42 4. Any in-home licensed child care facility that is organized as a corporation, association, 43 firm, partnership, proprietorship, limited liability company, or any other type of business entity 44 in this state shall qualify for the exemption for related children for children who are related to 45 the member of the corporation, association, firm, partnership, proprietorship, limited liability 46 company, or other type of business entity who is responsible for the daily operation of the child 47 care facility and who meets the requirements of the child care provider. If more than one 48 member of the corporation, association, firm, partnership, proprietorship, limited liability 49 company, or other type of business entity is responsible for the daily operation of the child care 50 facility, the exemption for related children shall only be granted for children who are related to 51 one of the members. All child care facilities under this subsection shall disclose the licensure 52 status of the facility to the parents or guardians of children for which the facility provides care. HB 1434 176 53 A parent or guardian shall sign a written notice indicating he or she is aware of the licensure 54 status of the facility. The facility shall keep a copy of this signed written notice on file. All child 55 care facilities shall provide the parent or guardian enrolling a child in the facility with a written 56 explanation of the disciplinary philosophy and policies of the child care facility. 210.481. As used in sections 210.481 to 210.536, unless the context clearly requires 2 otherwise, the following terms shall mean: 3 (1) "Child", any individual under eighteen years of age or in the custody of the division; 4 (2) "Child placing agency", any person, other than the parents, who places a child outside 5 the home of the child's parents or guardian, or advertises or holds himself forth as performing 6 such services, but excluding the attorney, physician, or clergyman of the parents; 7 (3) "Division", the children's division of the department of social services of the state of 8 Missouri; 9 (4) "Foster home", a private residence of one or more family members providing 10 twenty-four-hour care to one or more but less than seven children who are unattended by parent 11 or guardian and who are unrelated to either foster parent by blood, [marriage] a contract of 12 domestic union, or adoption; 13 (5) "Guardian", the person designated by a court of competent jurisdiction as the 14 "guardian of the person of a minor" or "guardian of the person and conservator of the estate of 15 a minor"; 16 (6) "License", the document issued by the division in accordance with the applicable 17 provisions of sections 210.481 to 210.536 to a foster home, residential care facility, or child 18 placing agency which authorizes the foster home, residential care facility, or child placing agency 19 to operate its program in accordance with the applicable provisions of sections 210.481 to 20 210.536 and rules issued pursuant thereto; 21 (7) "Person", any individual, firm, corporation, partnership, association, agency, or an 22 incorporated or unincorporated organization, regardless of the name used; 23 (8) "Provisional license", the document issued by the division in accordance with the 24 applicable provisions of sections 210.481 to 210.536 to a foster home, residential care facility, 25 or child placing agency which is not currently meeting requirements for full licensure; 26 (9) "Related", any of the following by blood, [marriage] a contract of domestic union, 27 or adoption: Parent, grandparent, brother, sister, half-brother, half-sister, stepparent, stepbrother, 28 stepsister, uncle, aunt, or first cousin; 29 (10) "Residential care facility", a facility providing twenty-four-hour care in a group 30 setting to children who are unrelated to the person operating the facility and who are unattended 31 by a parent or guardian. HB 1434 177 210.565. 1. Whenever a child is placed in a foster home and the court has determined 2 pursuant to subsection 4 of this section that foster home placement with relatives is not contrary 3 to the best interest of the child, the children’s division shall give foster home placement to 4 relatives of the child. Notwithstanding any rule of the division to the contrary, the children’s 5 division shall make diligent efforts to locate the grandparents of the child and determine whether 6 they wish to be considered for placement of the child. Grandparents who request consideration 7 shall be given preference and first consideration for foster home placement of the child. If more 8 than one grandparent requests consideration, the family support team shall make 9 recommendations to the juvenile or family court about which grandparent should be considered 10 for placement. 11 2. As used in this section, the term “relative” means a grandparent or any other person 12 related to another by blood or affinity or a person who is not so related to the child but has a 13 close relationship with the child or the child’s family. The status of a grandparent shall not be 14 affected by the death or the dissolution of [the marriage] a contract of domestic union of a son 15 or daughter. 16 3. The following shall be the order or preference for placement of a child under this 17 section: 18 (1) Grandparents; 19 (2) Relatives related by blood or affinity within the third degree; 20 (3) Other relatives; and 21 (4) Any foster parent who is currently licensed and capable of accepting placement of 22 the child. 23 4. The preference for placement and first consideration for grandparents or preference 24 for placement with other relatives created by this section shall only apply where the court finds 25 that placement with such grandparents or other relatives is not contrary to the best interest of the 26 child considering all circumstances. If the court finds that it is contrary to the best interest of a 27 child to be placed with grandparents or other relatives, the court shall make specific findings on 28 the record detailing the reasons why the best interests of the child necessitate placement of the 29 child with persons other than grandparents or other relatives. 30 5. Recognizing the critical nature of sibling bonds for children, the children’s division 31 shall make reasonable efforts to place siblings in the same foster care, kinship, guardianship, or 32 adoptive placement, unless doing so would be contrary to the safety or well-being of any of the 33 siblings. If siblings are not placed together, the children’s division shall make reasonable efforts 34 to provide frequent visitation or other ongoing interaction between the siblings, unless this 35 interaction would be contrary to a sibling’s safety or well-being. HB 1434 178 36 6. The age of the child’s grandparent or other relative shall not be the only factor that the 37 children’s division takes into consideration when it makes placement decisions and 38 recommendations to the court about placing the child with such grandparent or other relative. 39 7. For any Native American child placed in protective custody, the children’s division 40 shall comply with the placement requirements set forth in 25 U.S.C. Section 1915. 41 8. A grandparent or other relative may, on a case-by-case basis, have standards for 42 licensure not related to safety waived for specific children in care that would otherwise impede 43 licensing of the grandparent’s or relative’s home. In addition, any person receiving a preference 44 may be licensed in an expedited manner if a child is placed under such person’s care. 45 9. The guardian ad litem shall ascertain the child’s wishes and feelings about his or her 46 placement by conducting an interview or interviews with the child, if appropriate based on the 47 child’s age and maturity level, which shall be considered as a factor in placement decisions and 48 recommendations, but shall not supersede the preference for relative placement created by this 49 section or be contrary to the child’s best interests. 210.818. The parent and child relationship extends equally to every child and every 2 parent, regardless of the [marital] domestic union status of the parents. 210.822. 1. A man shall be presumed to be the natural father of a child if: 2 (1) He and the child's natural mother are or have been [married to] parties to a contract 3 of domestic union with each other and the child is born during the [marriage] contract of 4 domestic union, or within three hundred days after the [marriage] contract of domestic union 5 is terminated by death, annulment, declaration of invalidity, or dissolution, or after a decree of 6 separation is entered by a court; or 7 (2) Before the child's birth, he and the child's natural mother have attempted to [marry 8 each other by a marriage solemnized in apparent compliance with the law] become parties to 9 a contract of domestic union in apparent compliance with the law, although the attempted 10 [marriage] contract of domestic union is or may be declared invalid, and: 11 (a) If the attempted [marriage] contract of domestic union may be declared invalid only 12 by a court, the child is born during the attempted [marriage] contract of domestic union or 13 within three hundred days after its termination by death, annulment, declaration of invalidity or 14 dissolution; or 15 (b) If the [marriage] contract of domestic union is invalid without a court order, the 16 child is born within three hundred days after the termination of cohabitation; or 17 (3) After the child's birth, he and the child's natural mother have [married] become 18 parties to a contract of domestic union or attempted to [marry each other by a marriage 19 solemnized in apparent compliance with law] become parties to a contract of domestic union HB 1434 179 20 in apparent compliance with the law, although the [marriage] contract of domestic union is 21 or may be declared invalid, and: 22 (a) He has acknowledged his paternity of the child in writing filed with the bureau; or 23 (b) With his consent, he is named as the child's father on the child's birth certificate; or 24 (c) He is obligated to support the child pursuant to a written voluntary promise or by 25 court order; or 26 (4) An expert concludes that the blood tests show that the alleged parent is not excluded 27 and that the probability of paternity is ninety-eight percent or higher, using a prior probability 28 of 0.5. 29 2. A presumption pursuant to this section may be rebutted in an appropriate action only 30 by clear and convincing evidence, except that a presumption under subsection 1 of this section 31 that arises from a blood test or the filing of an acknowledgment of paternity in a state or territory 32 in which the blood test or the filing creates a conclusive presumption by law also has conclusive 33 effect in Missouri. If two or more presumptions arise which conflict with each other, the 34 presumption which on the facts is founded on the weightier considerations of policy and logic 35 controls. The presumption is rebutted by a court decree establishing the paternity of the child 36 by another man. 210.824. 1. If, under the supervision of a licensed physician and with the consent of her 2 husband, a wife is inseminated artificially with semen donated by a man not her husband, the 3 husband is treated in law as if he were the natural father of a child thereby conceived. The 4 husband's consent must be in writing and signed by him and his wife. The physician shall certify 5 their signatures and the date of the insemination, and file the husband's consent with the bureau, 6 where it shall be kept confidential and in a sealed file. The physician's failure to comply with 7 this section shall not affect the father and child relationship. All papers and records pertaining 8 to the insemination, whether part of the permanent record of a court or of a file held by the 9 supervising physician or elsewhere, are subject to inspection only upon an order of the court for 10 good cause shown. 11 2. The donor of semen provided to a licensed physician for use in artificial insemination 12 of a [married] woman who is a party to a contract to domestic union other than the donor's 13 wife is treated in law as if he were not the natural father of a child thereby conceived. 210.829. 1. The circuit court has jurisdiction of an action brought under sections 2 210.817 to 210.852. The action may be joined by separate document with an action for 3 dissolution of [marriage] a contract of domestic union, annulment, separate maintenance, 4 support, custody or visitation, except that in any action instituted at the request of the family 5 support division by a prosecuting or circuit attorney or attorney under contract with such 6 division, if an action for dissolution, annulment, separate maintenance, custody or visitation is HB 1434 180 7 joined hereunder, it shall be severed upon request. Failure to join an action for reimbursement 8 of necessaries provided with an action brought under sections 210.817 to 210.852 shall not be 9 a bar to subsequently bringing such an action for reimbursement of necessaries provided. 10 2. A person who has sexual intercourse in this state thereby submits to the jurisdiction 11 of the courts of this state to an action brought under sections 210.817 to 210.852 with respect to 12 a child who may have been conceived by that act of intercourse. In addition to any other method 13 provided by rule or statute, including sections 506.160 and 506.510, personal jurisdiction may 14 be acquired by personal service of summons outside this state or by certified mail with proof of 15 actual receipt. 16 3. Notwithstanding subsection 2 of this section, personal jurisdiction may be asserted 17 over any person if there is any basis consistent with the constitution of this state or the United 18 States. 19 4. An action brought under sections 210.817 to 210.852 may be brought in the county 20 in which the child resides, the mother resides, or the alleged father resides or is found or, if the 21 father is deceased, in which proceedings for probate of his or her estate have been or could be 22 commenced. 210.841. 1. The judgment or order of the court determining the existence or 2 nonexistence of the parent and child relationship is determinative for all purposes. 3 2. If the judgment or order of the court varies with the child's birth certificate, the court 4 shall order that an amended birth registration be made pursuant to section 210.849. 5 3. The judgment or order shall contain the Social Security number of each party and may 6 contain any other provision directed against the appropriate party to the proceeding concerning: 7 (1) The duty of support; 8 (2) The custody and guardianship of the child; 9 (3) Visitation privileges with the child; 10 (4) The furnishing of bond or other security for the payment of the judgment; or 11 (5) Any matter in the best interest of the child. The judgment or order may direct the 12 father to pay the reasonable expenses of the mother's pregnancy and confinement. 13 4. Support judgments or orders ordinarily shall be for periodic payments. In the best 14 interests of the child, a lump sum payment or the purchase of an annuity may be ordered in lieu 15 of periodic payments of support. The court may limit the father's liability for past support of the 16 child to the proportion of the expenses already incurred that the court deems just. 17 5. There shall be a rebuttable presumption that the amount of support that would result 18 from the application of supreme court rule 88.01 is the correct amount of child support to be 19 awarded. A written finding or specific finding on the record that the application of supreme 20 court rule 88.01 would be unjust or inappropriate in a particular case, after considering all HB 1434 181 21 relevant factors including the factors in subsection 6 of this section, shall be sufficient to rebut 22 the presumption in the case. 23 6. In determining the amount to be paid by a parent for support of the child and the 24 period during which the duty of support is owed, the court shall consider all relevant facts, 25 including: 26 (1) The needs of the child; 27 (2) The standard of living and circumstances of the parents; 28 (3) The relative financial means of the parents; 29 (4) The earning ability of the parents; 30 (5) The need and capacity of the child for education, including higher education; 31 (6) The age of the child; 32 (7) The financial resources and earning capacity of the child; 33 (8) The responsibility of the parents for the support of other children; 34 (9) The value of the services contributed by the custodial parent; and 35 (10) The standard of living and circumstances of the family prior to the dissolution of 36 [marriage] a contract of domestic union of parents or during the period of cohabitation of the 37 parents. 38 7. Any award for periodic child support may be retroactive to the date of service of the 39 original petition upon the obligor. 211.021. 1. As used in this chapter, unless the context clearly requires otherwise: 2 (1) "Adult" means a person seventeen years of age or older except for seventeen-year-old 3 children as defined in this section; 4 (2) "Child" means any person under seventeen years of age and shall mean, in addition, 5 any person over seventeen but not yet eighteen years of age alleged to have committed a status 6 offense; 7 (3) "Juvenile court" means the juvenile division or divisions of the circuit court of the 8 county, or judges while hearing juvenile cases assigned to them; 9 (4) "Legal custody" means the right to the care, custody and control of a child and the 10 duty to provide food, clothing, shelter, ordinary medical care, education, treatment and discipline 11 of a child. Legal custody may be taken from a parent only by court action and if the legal 12 custody is taken from a parent without termination of parental rights, the parent's duty to provide 13 support continues even though the person having legal custody may provide the necessities of 14 daily living; 15 (5) "Parent" means either a natural parent or a parent by adoption and if the child is 16 illegitimate, "parent" means the mother; HB 1434 182 17 (6) "Shelter care" means the temporary care of juveniles in physically unrestricting 18 facilities pending final court disposition. These facilities may include: 19 (a) "Foster home", the private home of foster parents providing twenty-four-hour care 20 to one to three children unrelated to the foster parents by blood, [marriage] contract of domestic 21 union, or adoption; 22 (b) "Group foster home", the private home of foster parents providing twenty-four-hour 23 care to no more than six children unrelated to the foster parents by blood, [marriage] contract 24 of domestic union, or adoption; 25 (c) "Group home", a child care facility which approximates a family setting, provides 26 access to community activities and resources, and provides care to no more than twelve children; 27 (7) "Status offense", any offense as described in subdivision (2) of subsection 1 of 28 section 211.031. 29 2. The amendments to subsection 1 of this section, as provided for in this act, shall not 30 take effect until such time as appropriations by the general assembly for additional juvenile 31 officer full-time equivalents and deputy juvenile officer full-time equivalents shall exceed by one 32 million nine hundred thousand dollars the amount spent by the state for such officers in fiscal 33 year 2007 and appropriations by the general assembly to single first class counties for juvenile 34 court personnel costs shall exceed by one million nine hundred thousand dollars the amount 35 spent by the state for such juvenile court personnel costs in fiscal year 2007 and notice of such 36 appropriations has been given to the revisor of statutes. 214.270. As used in sections 214.270 to 214.410, the following terms mean: 2 (1) "Agent" or "authorized agent", any person empowered by the cemetery operator to 3 represent the operator in dealing with the general public, including owners of the burial space 4 in the cemetery; 5 (2) "Burial merchandise", a monument, marker, memorial, tombstone, headstone, urn, 6 outer burial container, or similar article which may contain specific lettering, shape, color, or 7 design as specified by the purchaser; 8 (3) "Burial space", one or more than one plot, grave, mausoleum, crypt, lawn, surface 9 lawn crypt, niche or space used or intended for the interment of the human dead; 10 (4) "Cemetery", property restricted in use for the interment of the human dead by formal 11 dedication or reservation by deed but shall not include any of the foregoing held or operated by 12 the state or federal government or any political subdivision thereof, any incorporated city or 13 town, any county or any religious organization, cemetery association or fraternal society holding 14 the same for sale solely to members and their immediate families; 15 (5) "Cemetery association", any number of persons who shall have associated themselves 16 by articles of agreement in writing as a not-for-profit association or organization, whether HB 1434 183 17 incorporated or unincorporated, formed for the purpose of ownership, preservation, care, 18 maintenance, adornment and administration of a cemetery. Cemetery associations shall be 19 governed by a board of directors. Directors shall serve without compensation; 20 (6) "Cemetery operator" or "operator", any person who owns, controls, operates or 21 manages a cemetery; 22 (7) "Cemetery prearranged contract", any contract with a cemetery or cemetery operator 23 for burial merchandise or burial services covered by sections 214.270 to 214.410 which is 24 entered into before the death of the individual for whom the burial merchandise or burial services 25 are intended; 26 (8) "Cemetery service" or "burial service", those services performed by a cemetery owner 27 or operator licensed as an endowed care or nonendowed cemetery including setting a monument 28 or marker, setting a tent, excavating a grave, interment, entombment, inurnment, setting a vault, 29 or other related services within the cemetery; 30 (9) "Columbarium", a building or structure for the inurnment of cremated human 31 remains; 32 (10) "Community mausoleum", a mausoleum containing a substantial area of enclosed 33 space and having either a heating, ventilating or air conditioning system; 34 (11) "Department", department of insurance, financial institutions and professional 35 registration; 36 (12) "Developed acreage", the area which has been platted into grave spaces and has 37 been developed with roads, paths, features, or ornamentations and in which burials can be made; 38 (13) "Director", director of the division of professional registration; 39 (14) "Division", division of professional registration; 40 (15) "Endowed care", the maintenance, repair and care of all burial space subject to the 41 endowment within a cemetery, including any improvements made for the benefit of such burial 42 space. Endowed care shall include the general overhead expenses needed to accomplish such 43 maintenance, repair, care and improvements. Endowed care shall include the terms perpetual 44 care, permanent care, continual care, eternal care, care of duration, or any like term; 45 (16) "Endowed care cemetery", a cemetery, or a section of a cemetery, which represents 46 itself as offering endowed care and which complies with the provisions of sections 214.270 to 47 214.410; 48 (17) "Endowed care fund", "endowed care trust", or "trust", any cash or cash equivalent, 49 to include any income therefrom, impressed with a trust by the terms of any gift, grant, 50 contribution, payment, devise or bequest to an endowed care cemetery, or its endowed care trust, 51 or funds to be delivered to an endowed care cemetery's trust received pursuant to a contract and 52 accepted by any endowed care cemetery operator or his agent. This definition includes the terms HB 1434 184 53 endowed care funds, maintenance funds, memorial care funds, perpetual care funds, or any like 54 term; 55 (18) "Escrow account", an account established in lieu of an endowed care fund as 56 provided under section 214.330 or an account used to hold deposits under section 214.387; 57 (19) "Escrow agent", an attorney, title company, certified public accountant or other 58 person authorized by the division to exercise escrow powers under the laws of this state; 59 (20) "Escrow agreement", an agreement subject to approval by the office between an 60 escrow agent and a cemetery operator or its agent or related party with common ownership, to 61 receive and administer payments under cemetery prearranged contracts sold by the cemetery 62 operator; 63 (21) "Family burial ground", a cemetery in which no burial space is sold to the public 64 and in which interments are restricted to persons related by blood or [marriage] a contract of 65 domestic union; 66 (22) "Fraternal cemetery", a cemetery owned, operated, controlled or managed by any 67 fraternal organization or auxiliary organizations thereof, in which the sale of burial space is 68 restricted solely to its members and their immediate families; 69 (23) "Garden mausoleum", a mausoleum without a substantial area of enclosed space 70 and having its crypt and niche fronts open to the atmosphere. Ventilation of the crypts by forced 71 air or otherwise does not constitute a garden mausoleum as a community mausoleum; 72 (24) "Government cemetery", or "municipal cemetery", a cemetery owned, operated, 73 controlled or managed by the federal government, the state or a political subdivision of the state, 74 including a county or municipality or instrumentality thereof; 75 (25) "Grave" or "plot", a place of ground in a cemetery, used or intended to be used for 76 burial of human remains; 77 (26) "Human remains", the body of a deceased person in any state of decomposition, as 78 well as cremated remains; 79 (27) "Inurnment", placing an urn containing cremated remains in a burial space; 80 (28) "Lawn crypt", a burial vault or other permanent container for a casket which is 81 permanently installed below ground prior to the time of the actual interment. A lawn crypt may 82 permit single or multiple interments in a grave space; 83 (29) "Mausoleum", a structure or building for the entombment of human remains in 84 crypts; 85 (30) "Niche", a space in a columbarium used or intended to be used for inurnment of 86 cremated remains; HB 1434 185 87 (31) "Nonendowed care cemetery", or "nonendowed cemetery", a cemetery or a section 88 of a cemetery for which no endowed care trust fund has been established in accordance with 89 sections 214.270 to 214.410; 90 (32) "Office", the office of endowed care cemeteries within the division of professional 91 registration; 92 (33) "Owner of burial space", a person to whom the cemetery operator or his authorized 93 agent has transferred the right of use of burial space; 94 (34) "Person", an individual, corporation, partnership, joint venture, association, trust 95 or any other legal entity; 96 (35) "Registry", the list of cemeteries maintained in the division office for public review. 97 The division may charge a fee for copies of the registry; 98 (36) "Religious cemetery", a cemetery owned, operated, controlled or managed by any 99 church, convention of churches, religious order or affiliated auxiliary thereof in which the sale 100 of burial space is restricted solely to its members and their immediate families; 101 (37) "Surface lawn crypt", a sealed burial chamber whose lid protrudes above the land 102 surface; 103 (38) "Total acreage", the entire tract which is dedicated to or reserved for cemetery 104 purposes; 105 (39) "Trustee of an endowed care fund", the separate legal entity qualified under section 106 214.330 appointed as trustee of an endowed care fund. 227.297. 1. This section establishes a designation program, to be known as the "Heroes 2 Way Designation Program", to honor the fallen Missouri heroes who have been killed in action 3 while performing active military duty with the Armed Forces. The signs shall be placed upon 4 interstate or state-numbered highway interchanges or upon bridges or segments of highway on 5 the state highway system in accordance with this section, and any applicable federal and state 6 limitations or conditions on highway signage, including location and spacing. 7 2. Any person who is related by [marriage] a contract of domestic union, adoption, or 8 consanguinity within the second degree to a member of the United States Armed Forces who was 9 killed in action while performing active military duty with the Armed Forces, and who was a 10 resident of this state at the time he or she was killed in action, may apply for a designation under 11 the provisions of this section. 12 3. Any person described under subsection 2 of this section who desires to have an 13 interstate or state-numbered highway interchange or bridge or segment of highway on the state 14 highway system designated after his or her family member shall petition the department of 15 transportation by submitting the following: HB 1434 186 16 (1) An application in a form prescribed by the director, describing the interstate or 17 state-numbered highway interchange or bridge or segment of highway on the state highway 18 system for which the designation is sought and the proposed name of the interchange, bridge or 19 relevant segment of highway. The application shall include the name of at least one current 20 member of the general assembly who will sponsor the designation. The application may contain 21 written testimony for support of the designation; 22 (2) Proof that the family member killed in action was a member of the United States 23 Armed Forces and proof that such family member was in fact killed in action while performing 24 active military duty with the United States Armed Forces. Acceptable proof shall be a statement 25 from the Missouri veterans commission or the United States Department of Veterans Affairs so 26 certifying such facts; 27 (3) By signing a form provided by the Missouri transportation department, the applicant 28 shall certify that the applicant is related by [marriage] contract of domestic union, adoption, or 29 consanguinity within the second degree to the member of the United States Armed Forces who 30 was killed in action; and 31 (4) A fee to be determined by the commission to cover the costs of constructing and 32 maintaining the proposed interchange, bridge, or highway signs. The fee shall not exceed the 33 cost of constructing and maintaining each sign. 34 4. All moneys received by the department of transportation for the construction and 35 maintenance of interchange, bridge, or highway signs shall be deposited in the state treasury to 36 the credit of the state road fund. 37 5. The documents and fees required under this section shall be submitted to the 38 department of transportation. 39 6. The department of transportation shall submit for approval or disapproval all 40 applications for designations to the joint committee on transportation oversight. The joint 41 committee on transportation oversight may review such applications at any scheduled meeting 42 convened pursuant to section 21.795. If satisfied with the application and all its contents, the 43 committee shall approve the application. The committee shall notify the department of 44 transportation upon the approval or denial of an application for a designation. 45 7. The department of transportation shall give notice of any proposed designation under 46 this section in a manner reasonably calculated to advise the public of such proposal. Reasonable 47 notice shall include posting the proposal for the designation on the department's official public 48 website and making available copies of the sign designation application to any representative of 49 the news media or public upon request and posting the application on a bulletin board or other 50 prominent public place which is easily accessible to the public and clearly designated for that 51 purpose at the principal office. HB 1434 187 52 8. If the memorial designation request is not approved by the joint committee on 53 transportation oversight, ninety-seven percent of the application fee shall be refunded to the 54 applicant. 55 9. Two signs shall be erected for each interchange, bridge, or highway designation 56 processed under this section. 57 10. No interchange, bridge, or highway may be named or designated after more than one 58 member of the United States Armed Forces killed in action. Such person shall only be eligible 59 for one interchange, bridge, or highway designation under the provisions of this section. 60 11. Any highway signs erected for any designation under the provisions of this section 61 shall be erected and maintained for a twenty-year period. After such period, the signs shall be 62 subject to removal by the department of transportation and the interchange, bridge, or highway 63 may be designated to honor persons other than the current designee. An existing designation 64 processed under the provisions of this section may be retained for additional twenty-year 65 increments if, at least one year before the designation's expiration, an application to the 66 department of transportation is made to retain the designation along with the required documents 67 and all applicable fees required under this section. 273.110. 1. No owner or custodian of livestock or poultry which has been injured or 2 killed by dogs shall be entitled to receive any portion of the county dog license fund unless 3 within ten days after suffering such loss or damage he or she, with two other credible residents 4 of the county, not kin to him or her by blood or [marriage] by a contract of domestic union or 5 not in his or her employ, make written application supported by affidavit to the county clerk on 6 blanks furnished by the county clerk, stating: 7 (1) That he or she is a resident of the state of Missouri, and that he or she has resided 8 in such county for more than thirty days immediately preceding the date of the injury or killing 9 of his or her livestock or poultry; 10 (2) That he or she was the owner or custodian on such date of such livestock or poultry; 11 (3) The legal description of the premises on which such livestock or poultry was injured 12 or killed; 13 (4) A complete description as to the number, weight and color of such livestock or 14 poultry; 15 (5) The market value thereof on the date of such injury or killing. 16 2. The county clerk shall file all such applications and affidavits so received by him to 17 be examined and passed upon by the county commission, except that no claim shall be 18 considered or paid for the destruction of livestock or poultry by a dog or dogs belonging to the 19 owner of such livestock or poultry. HB 1434 188 287.240. If the injury causes death, either with or without disability, the compensation 2 therefor shall be as provided in this section: 3 (1) In all cases the employer shall pay direct to the persons furnishing the same the 4 reasonable expense of the burial of the deceased employee not exceeding five thousand dollars. 5 But no person shall be entitled to compensation for the burial expenses of a deceased employee 6 unless he or she has furnished the same by authority of the widow or widower, the nearest 7 relative of the deceased employee in the county of his or her death, his or her personal 8 representative, or the employer, who shall have the right to give the authority in the order named. 9 All fees and charges under this section shall be fair and reasonable, shall be subject to regulation 10 by the division or the commission and shall be limited to such as are fair and reasonable for 11 similar service to persons of a like standard of living. The division or the commission shall also 12 have jurisdiction to hear and determine all disputes as to the charges. If the deceased employee 13 leaves no dependents, the death benefit in this subdivision provided shall be the limit of the 14 liability of the employer under this chapter on account of the death, except as herein provided 15 for burial expenses and except as provided in section 287.140; provided that in all cases when 16 the employer admits or does not deny liability for the burial expense, it shall be paid within thirty 17 days after written notice, that the service has been rendered, has been delivered to the employer. 18 The notice may be sent by registered mail, return receipt requested, or may be made by personal 19 delivery; 20 (2) The employer shall also pay to the dependents of the employee a death benefit based 21 on the employee’s average weekly earnings during the year immediately preceding the injury that 22 results in the death of the employee, as provided in section 287.250. The amount of 23 compensation for death, which shall be paid in installments in the same manner that 24 compensation is required to be paid under this chapter, shall be computed as follows: 25 (a) If the injury which caused the death occurred on or after September 28, 1983, but 26 before September 28, 1986, the weekly compensation shall be an amount equal to sixty-six and 27 two-thirds percent of the employee’s average weekly earnings during the year immediately 28 preceding the injury; provided that the weekly compensation paid under this paragraph shall not 29 exceed an amount equal to seventy percent of the state average weekly wage, as such wage is 30 determined by the division of employment security, as of the July first immediately preceding 31 the date of injury; 32 (b) If the injury which caused the death occurred on or after September 28, 1986, but 33 before August 28, 1990, the weekly compensation shall be an amount equal to sixty-six and 34 two-thirds percent of the employee’s average weekly earnings during the year immediately 35 preceding the injury; provided that the weekly compensation paid under this paragraph shall not 36 exceed an amount equal to seventy-five percent of the state average weekly wage, as such wage HB 1434 189 37 is determined by the division of employment security, as of the July first immediately preceding 38 the date of injury; 39 (c) If the injury which caused the death occurred on or after August 28, 1990, but before 40 August 28, 1991, the weekly compensation shall be an amount equal to sixty-six and two-thirds 41 percent of the injured employee’s average weekly earnings as of the date of the injury; provided 42 that the weekly compensation paid under this paragraph shall not exceed an amount equal to one 43 hundred percent of the state average weekly wage; 44 (d) If the injury which caused the death occurred on or after August 28, 1991, the weekly 45 compensation shall be an amount equal to sixty-six and two-thirds percent of the injured 46 employee’s average weekly earnings as of the date of the injury; provided that the weekly 47 compensation paid under this paragraph shall not exceed an amount equal to one hundred five 48 percent of the state average weekly wage; 49 (e) If the injury which caused the death occurred on or after September 28, 1981, the 50 weekly compensation shall in no event be less than forty dollars per week; 51 (3) The word “dependent” as used in this chapter shall mean: 52 (a) A wife upon a husband with whom she lives or who is legally liable for her support, 53 and a husband upon a wife with whom he lives or who is legally liable for his support; provided 54 that on the death or [remarriage] a new contract of domestic union of a widow or widower, the 55 death benefit shall cease unless there be other dependents entitled to any death benefits under this 56 chapter. In the event of [remarriage] a new contract of domestic union, a lump sum payment 57 equal in amount to the benefits due for a period of two years shall be paid to the widow or 58 widower. Thereupon the periodic death benefits shall cease unless there are other dependents 59 entitled to any death benefit under this chapter, in which event the periodic benefits to which 60 such widow or widower would have been entitled had he or she not died or [remarried] become 61 a party to a new contract of domestic union shall be divided among such other dependents and 62 paid to them during their period of entitlement under this chapter; or 63 (b) A natural, posthumous, or adopted child or children, whether legitimate or 64 illegitimate, including any stepchild claimable by the deceased on his or her federal tax return 65 at the time of injury, under the age of eighteen years, or over that age if physically or mentally 66 incapacitated from wage earning, upon the parent legally liable for the support or with whom he, 67 she, or they are living at the time of the death of the parent. In case there is a wife or a husband 68 mentally or physically incapacitated from wage earning, dependent upon a wife or husband, and 69 a child or more than one child thus dependent, the death benefit shall be divided among them in 70 such proportion as may be determined by the commission after considering their ages and other 71 facts bearing on the dependency. In all other cases questions of the degree of dependency shall 72 be determined in accordance with the facts at the time of the injury, and in such other cases if HB 1434 190 73 there is more than one person wholly dependent the death benefit shall be divided equally among 74 them. The payment of death benefits to a child or other dependent as provided in this paragraph 75 shall cease when the dependent dies, attains the age of eighteen years, or becomes physically and 76 mentally capable of wage earning over that age, or until twenty-two years of age if the child of 77 the deceased is in attendance and remains as a full-time student in any accredited educational 78 institution, or if at eighteen years of age the dependent child is a member of the Armed Forces 79 of the United States on active duty; provided, however, that such dependent child shall be 80 entitled to compensation during four years of full-time attendance at a fully accredited 81 educational institution to commence prior to twenty-three years of age and immediately upon 82 cessation of his or her active duty in the Armed Forces, unless there are other dependents entitled 83 to the death benefit under this chapter; 84 (4) The division or the commission may, in its discretion, order or award the share of 85 compensation of any such child to be paid to the parent, grandparent, or other adult next of kin 86 or conservator of the child for the latter’s support, maintenance and education, which order or 87 award upon notice to the parties may be modified from time to time by the commission in its 88 discretion with respect to the person to whom shall be paid the amount of the order or award 89 remaining unpaid at the time of the modification; 90 (5) The payments of compensation by the employer in accordance with the order or 91 award of the division or the commission shall discharge the employer from all further obligations 92 as to the compensation; 93 (6) All death benefits in this chapter shall be paid in installments in the same manner as 94 provided for disability compensation; 95 (7) Every employer shall keep a record of the correct names and addresses of the 96 dependents of each of his or her employees, and upon the death of an employee by accident 97 arising out of and in the course of his or her employment shall so far as possible immediately 98 furnish the division with such names and addresses; 99 (8) Dependents receiving death benefits under the provisions of this chapter shall 100 annually report to the division as to [marital] domestic union status in the case of a widow or 101 widower or age and physical or mental condition of a dependent child. The division shall 102 provide forms for the making of such reports. 287.812. As used in sections 287.812 to 287.855, unless the context clearly requires 2 otherwise, the following terms shall mean: 3 (1) "Administrative law judge", any person appointed pursuant to section 287.610 or 4 section 621.015, or any person who hereafter may have by law all of the powers now vested by 5 law in administrative law judges appointed under the provisions of the workers' compensation 6 law; HB 1434 191 7 (2) "Beneficiary", a surviving spouse [married to] who was a party to a contract of 8 domestic union with the deceased administrative law judge or legal advisor of the division of 9 workers' compensation continuously for a period of at least two years immediately preceding the 10 administrative law judge's or legal advisor's death and also on the day of the last termination of 11 such person's employment as an administrative law judge or legal advisor for the division of 12 workers' compensation, or if there is no surviving spouse eligible to receive benefits, any minor 13 child of the deceased administrative law judge or legal advisor, or any child of the deceased 14 administrative law judge or legal advisor who, regardless of age, is unable to support himself 15 because of intellectual disability, disease or disability, or any physical handicap or disability, who 16 shall share in the benefits on an equal basis with all other beneficiaries; 17 (3) "Benefit", a series of equal monthly payments payable during the life of an 18 administrative law judge or legal advisor of the division of workers' compensation retiring 19 pursuant to the provisions of sections 287.812 to 287.855 or payable to a beneficiary as provided 20 in sections 287.812 to 287.850; 21 (4) "Board", the board of trustees of the Missouri state employees' retirement system; 22 (5) "Chief legal counsel", any person appointed or employed under section 287.615 to 23 serve in the capacity of legal counsel to the division; 24 (6) "Division", the division of workers' compensation of the state of Missouri; 25 (7) "Legal advisor", any person appointed or employed pursuant to section 287.600, 26 287.615, or 287.616 to serve in the capacity as a legal advisor or an associate administrative law 27 judge and any person appointed pursuant to section 286.010 or pursuant to section 295.030, and 28 any attorney or legal counsel appointed or employed pursuant to section 286.070; 29 (8) "Salary", the total annual compensation paid for personal services as an 30 administrative law judge or legal advisor, or both, of the division of workers' compensation by 31 the state or any of its political subdivisions. 301.443. 1. Any legal resident of the state of Missouri who is a veteran of service in the 2 Armed Forces of the United States and has been honorably discharged from such service and 3 who is a former prisoner of war and any legal resident of the state of Missouri who is a former 4 prisoner of war and who was a United States citizen not in the Armed Forces of the United States 5 during such time is, upon filing an application for registration together with such information and 6 proof in the form of a statement from the United States Veterans Administration or the 7 Department of Defense or any other form of proof as the director may require, entitled to receive 8 annually one certificate of registration and one set of license plates or other evidence of 9 registration as provided in section 301.130 for a motor vehicle other than a commercial motor 10 vehicle licensed in excess of twenty-four thousand pounds gross weight. There shall be no fee 11 charged for license plates issued under the provisions of this section. HB 1434 192 12 2. Not more than one certificate of registration and one corresponding set of motor 13 vehicle license plates or other evidence of registration as provided in section 301.130 shall be 14 issued each year to a qualified former prisoner of war under this section. 15 3. Proof of ownership and vehicle inspection of the particular motor vehicle for which 16 a registration certificate and set of license plates is requested must be shown at the time of 17 application. Proof of status as a former prisoner of war as required in subsection 1 of this section 18 shall only be required on the initial application. 19 4. As used in this section, "former prisoner of war" means any person who was taken as 20 an enemy prisoner during World War I, World War II, the Korean Conflict, or the Vietnam 21 Conflict. 22 5. The director shall furnish each former prisoner of war obtaining a set of license plates 23 under the provisions of subsections 1 to 4 of this section special plates which shall have the 24 words "FORMER P.O.W." on the license plates in preference to the words "SHOW-ME 25 STATE" as provided in section 301.130 in a form prescribed by the advisory committee 26 established in section 301.129. Such license plates shall be made with fully reflective material, 27 shall have a white background with a blue and red configuration at the discretion of the advisory 28 committee established in section 301.129, shall be clearly visible at night, and shall be 29 aesthetically attractive, as prescribed by section 301.130. 30 6. Registration certificates and license plates issued under the provisions of this section 31 shall not be transferable to any other person except that any registered co-owner of the motor 32 vehicle will be entitled to operate the motor vehicle for the duration of the year licensed in the 33 event of the death of the qualified former prisoner of war. 34 7. (1) Notwithstanding the provisions of subsection 6 of this section to the contrary, the 35 surviving spouse of a former prisoner of war who has not [remarried] become a party to a new 36 contract of domestic union and who has been issued license plates described in subsection 5 37 of this section shall be entitled to transfer such license plates to the motor vehicle of the 38 surviving spouse and receive annually one certificate of registration and one set of license plates 39 or other evidence of registration as provided in section 301.130 as if a former prisoner of war 40 until [remarriage] he or she becomes a party to a new contract of domestic union. There shall 41 be no fee charged for the transfer of such license plates. 42 (2) The department of revenue shall promulgate rules for the obtaining of a set of license 43 plates described in subsection 5 of this section by the surviving spouse of the former prisoner of 44 war when such license plates are not issued prior to the death of the former prisoner of war. The 45 surviving spouse shall be entitled to receive annually one certificate of registration and one set 46 of license plates or other evidence of registration as provided in section 301.130 as if a former HB 1434 193 47 prisoner of war until [remarriage] he or she becomes a party to a new contract of domestic 48 union. There shall be no fee charged for the license plates issued pursuant to this subdivision. 301.682. If an owner dies and no surviving owner or surviving beneficiary exists, on 2 proof of death of all persons shown on the certificate of ownership, surrender of the outstanding 3 certificate of ownership, and on application and payment of the fee for an original certificate of 4 ownership, the director of revenue may rely on, transfer and issue a new certificate of ownership 5 in accordance with one of the following: 6 (1) A certified copy of a court order approving the transfer, refusing to issue letters of 7 administration, terminating administration or authorizing distribution of the deceased owner's 8 estate; 9 (2) A small estate affidavit with the certificate of the clerk of the probate division of the 10 circuit court as provided in section 473.097; 11 (3) A verified application of the owner's surviving spouse or, if none, the owner's 12 [unmarried] minor children who are not parties to a contract of domestic union or someone 13 acting in their behalf, that claims the property as exempt property of the deceased under section 14 474.250; or 15 (4) A notarized application for transfer from a personal representative of the deceased 16 owner accompanied by a copy of the personal representative's letters of administration or letters 17 testamentary together with a court order approving the transfer or a statement that the personal 18 representative has authority under section 473.457 or subdivision (16) of section 473.810 to 19 make the transfer without court order. 301.3121. 1. Notwithstanding the provisions of any other section to the contrary, any 2 surviving spouse who was [married to] a party to a contract of domestic union with an 3 individual who would have been eligible to own any of the various special military license plates 4 provided for in section 301.448, and who has not [remarried] become a party to a new contract 5 of domestic union, shall be allowed to obtain such special license plates. The surviving spouse 6 shall make application, provide necessary documentation of the individual's military service, and 7 pay such fees as are otherwise required by section 301.448, for issuance of the special military 8 plates. Such plates must be renewed as otherwise required by law. The surviving spouse may 9 renew such plates unless such spouse [remarries] becomes a party to a new contract of 10 domestic union. License plates issued pursuant to this section shall not be transferable to any 11 other person. 12 2. The director of the department of revenue shall have the authority to promulgate any 13 rules and regulations necessary for the administration of this section. No rule or portion of a rule 14 promulgated pursuant to the authority of this section shall become effective unless it has been 15 promulgated pursuant to chapter 536. HB 1434 194 302.171. 1. The director shall verify that an applicant for a driver's license is a Missouri 2 resident or national of the United States or a noncitizen with a lawful immigration status, and a 3 Missouri resident before accepting the application. The director shall not issue a driver's license 4 for a period that exceeds the duration of an applicant's lawful immigration status in the United 5 States. The director may establish procedures to verify the Missouri residency or United States 6 naturalization or lawful immigration status and Missouri residency of the applicant and establish 7 the duration of any driver's license issued under this section. An application for a license shall 8 be made upon an approved form furnished by the director. Every application shall state the full 9 name, Social Security number, age, height, weight, color of eyes, sex, residence, mailing address 10 of the applicant, and the classification for which the applicant has been licensed, and, if so, when 11 and by what state, and whether or not such license has ever been suspended, revoked, or 12 disqualified, and, if revoked, suspended or disqualified, the date and reason for such suspension, 13 revocation or disqualification and whether the applicant is making a one dollar donation to 14 promote an organ donation program as prescribed in subsection 2 of this section. A driver's 15 license, nondriver's license, or instruction permit issued under this chapter shall contain the 16 applicant's legal name as it appears on a birth certificate or as legally changed through [marriage] 17 a contract of domestic union or court order. No name change by common usage based on 18 common law shall be permitted. The application shall also contain such information as the 19 director may require to enable the director to determine the applicant's qualification for driving 20 a motor vehicle; and shall state whether or not the applicant has been convicted in this or any 21 other state for violating the laws of this or any other state or any ordinance of any municipality, 22 relating to driving without a license, careless driving, or driving while intoxicated, or failing to 23 stop after an accident and disclosing the applicant's identity, or driving a motor vehicle without 24 the owner's consent. The application shall contain a certification by the applicant as to the truth 25 of the facts stated therein. Every person who applies for a license to operate a motor vehicle who 26 is less than twenty-one years of age shall be provided with educational materials relating to the 27 hazards of driving while intoxicated, including information on penalties imposed by law for 28 violation of the intoxication-related offenses of the state. Beginning January 1, 2001, if the 29 applicant is less than eighteen years of age, the applicant must comply with all requirements for 30 the issuance of an intermediate driver's license pursuant to section 302.178. For persons 31 mobilized and deployed with the United States Armed Forces, an application under this 32 subsection shall be considered satisfactory by the department of revenue if it is signed by a 33 person who holds general power of attorney executed by the person deployed, provided the 34 applicant meets all other requirements set by the director. 35 2. An applicant for a license may make a donation of one dollar to promote an organ 36 donor program. The director of revenue shall collect the donations and deposit all such HB 1434 195 37 donations in the state treasury to the credit of the organ donor program fund established in 38 sections 194.297 to 194.304. Moneys in the organ donor program fund shall be used solely for 39 the purposes established in sections 194.297 to 194.304 except that the department of revenue 40 shall retain no more than one percent for its administrative costs. The donation prescribed in this 41 subsection is voluntary and may be refused by the applicant for the license at the time of issuance 42 or renewal of the license. The director shall make available an informational booklet or other 43 informational sources on the importance of organ and tissue donations to applicants for licensure 44 as designed by the organ donation advisory committee established in sections 194.297 to 45 194.304. The director shall inquire of each applicant at the time the licensee presents the 46 completed application to the director whether the applicant is interested in making the one dollar 47 donation prescribed in this subsection and whether the applicant is interested in inclusion in the 48 organ donor registry and shall also specifically inform the licensee of the ability to consent to 49 organ donation by completing the form on the reverse of the license that the applicant will 50 receive in the manner prescribed by subdivision (1) of subsection 1 of section 194.225. A 51 symbol shall be placed on the front of the document indicating the applicant's desire to be listed 52 in the registry. The director shall notify the department of health and senior services of 53 information obtained from applicants who indicate to the director that they are interested in 54 registry participation, and the department of health and senior services shall enter the complete 55 name, address, date of birth, race, gender and a unique personal identifier in the registry 56 established in subsection 1 of section 194.304. 57 3. An applicant for a license may make a donation of one dollar to promote a blindness 58 education, screening and treatment program. The director of revenue shall collect the donations 59 and deposit all such donations in the state treasury to the credit of the blindness education, 60 screening and treatment program fund established in section 209.015. Moneys in the blindness 61 education, screening and treatment program fund shall be used solely for the purposes 62 established in section 209.015; except that the department of revenue shall retain no more than 63 one percent for its administrative costs. The donation prescribed in this subsection is voluntary 64 and may be refused by the applicant for the license at the time of issuance or renewal of the 65 license. The director shall inquire of each applicant at the time the licensee presents the 66 completed application to the director whether the applicant is interested in making the one dollar 67 donation prescribed in this subsection. 68 4. Beginning July 1, 2005, the director shall deny the driving privilege of any person who 69 commits fraud or deception during the examination process or who makes application for an 70 instruction permit, driver's license, or nondriver's license which contains or is substantiated with 71 false or fraudulent information or documentation, or who knowingly conceals a material fact or 72 otherwise commits a fraud in any such application. The period of denial shall be one year from HB 1434 196 73 the effective date of the denial notice sent by the director. The denial shall become effective ten 74 days after the date the denial notice is mailed to the person. The notice shall be mailed to the 75 person at the last known address shown on the person's driving record. The notice shall be 76 deemed received three days after mailing unless returned by the postal authorities. No such 77 individual shall reapply for a driver's examination, instruction permit, driver's license, or 78 nondriver's license until the period of denial is completed. No individual who is denied the 79 driving privilege under this section shall be eligible for a limited driving privilege issued under 80 section 302.309. 81 5. All appeals of denials under this section shall be made as required by section 302.311. 82 6. The period of limitation for criminal prosecution under this section shall be extended 83 under subdivision (1) of subsection 3 of section 556.036. 84 7. The director may promulgate rules and regulations necessary to administer and enforce 85 this section. No rule or portion of a rule promulgated pursuant to the authority of this section 86 shall become effective unless it has been promulgated pursuant to chapter 536. 87 8. Notwithstanding any provision of this chapter that requires an applicant to provide 88 proof of Missouri residency for renewal of a noncommercial driver's license, noncommercial 89 instruction permit, or nondriver's license, an applicant who is sixty-five years and older and who 90 was previously issued a Missouri noncommercial driver's license, noncommercial instruction 91 permit, or Missouri nondriver's license is exempt from showing proof of Missouri residency. 92 9. Notwithstanding any provision of this chapter, for the renewal of a noncommercial 93 driver's license, noncommercial instruction permit, or nondriver's license, a photocopy of an 94 applicant's United States birth certificate along with another form of identification approved by 95 the department of revenue, including, but not limited to, United States military identification or 96 United States military discharge papers, shall constitute sufficient proof of Missouri citizenship. 97 10. Notwithstanding any other provision of this chapter, if an applicant does not meet 98 the requirements of subsection 8 of this section and does not have the required documents to 99 prove Missouri residency, United States naturalization, or lawful immigration status, the 100 department may issue a one-year driver's license renewal. This one-time renewal shall only be 101 issued to an applicant who previously has held a Missouri noncommercial driver's license, 102 noncommercial instruction permit, or nondriver's license for a period of fifteen years or more and 103 who does not have the required documents to prove Missouri residency, United States 104 naturalization, or lawful immigration status. After the expiration of the one-year period, no 105 further renewal shall be provided without the applicant producing proof of Missouri residency, 106 United States naturalization, or lawful immigration status. 302.178. 1. Any person between the ages of sixteen and eighteen years who is qualified 2 to obtain a license pursuant to sections 302.010 to 302.340 may apply for, and the director shall HB 1434 197 3 issue, an intermediate driver's license entitling the applicant, while having such license in his or 4 her possession, to operate a motor vehicle of the appropriate class upon the highways of this state 5 in conjunction with the requirements of this section. An intermediate driver's license shall be 6 readily distinguishable from a license issued to those over the age of eighteen. All applicants for 7 an intermediate driver's license shall: 8 (1) Successfully complete the examination required by section 302.173; 9 (2) Pay the fee required by subsection 4 of this section; 10 (3) Have had a temporary instruction permit issued pursuant to subsection 1 of section 11 302.130 for at least a six-month period or a valid license from another state; and 12 (4) Have a parent, grandparent, legal guardian, or, if the applicant is a participant in a 13 federal residential job training program, a driving instructor employed by a federal residential 14 job training program, sign the application stating that the applicant has completed at least forty 15 hours of supervised driving experience under a temporary instruction permit issued pursuant to 16 subsection 1 of section 302.130, or, if the applicant is an emancipated minor, the person over 17 twenty-one years of age who supervised such driving. For purposes of this section, the term 18 "emancipated minor" means a person who is at least sixteen years of age, but less than eighteen 19 years of age, who: 20 (a) [Marries] Becomes a party to a contract of domestic union with the consent of the 21 legal custodial parent or legal guardian pursuant to section 451.080; 22 (b) Has been declared emancipated by a court of competent jurisdiction; 23 (c) Enters active duty in the Armed Forces; 24 (d) Has written consent to the emancipation from the custodial parent or legal guardian; 25 or 26 (e) Through employment or other means provides for such person's own food, shelter 27 and other cost-of-living expenses; 28 (5) Have had no alcohol-related enforcement contacts as defined in section 302.525 29 during the preceding twelve months; and 30 (6) Have no nonalcoholic traffic convictions for which points are assessed pursuant to 31 section 302.302, within the preceding six months. 32 2. An intermediate driver's license grants the licensee the same privileges to operate that 33 classification of motor vehicle as a license issued pursuant to section 302.177, except that no 34 person shall operate a motor vehicle on the highways of this state under such an intermediate 35 driver's license between the hours of 1:00 a.m. and 5:00 a.m. unless accompanied by a person 36 described in subsection 1 of section 302.130; except the licensee may operate a motor vehicle 37 without being accompanied if the travel is to or from a school or educational program or activity, HB 1434 198 38 a regular place of employment or in emergency situations as defined by the director by 39 regulation. 40 3. Each intermediate driver's license shall be restricted by requiring that the driver and 41 all passengers in the licensee's vehicle wear safety belts at all times. This safety belt restriction 42 shall not apply to a person operating a motorcycle. For the first six months after issuance of the 43 intermediate driver's license, the holder of the license shall not operate a motor vehicle with more 44 than one passenger who is under the age of nineteen who is not a member of the holder's 45 immediate family. As used in this subsection, an intermediate driver's license holder's immediate 46 family shall include brothers, sisters, stepbrothers or stepsisters of the driver, including adopted 47 or foster children residing in the same household of the intermediate driver's license holder. 48 After the expiration of the first six months, the holder of an intermediate driver's license shall 49 not operate a motor vehicle with more than three passengers who are under nineteen years of age 50 and who are not members of the holder's immediate family. The passenger restrictions of this 51 subsection shall not be applicable to any intermediate driver's license holder who is operating 52 a motor vehicle being used in agricultural work-related activities. 53 4. Notwithstanding the provisions of section 302.177 to the contrary, the fee for an 54 intermediate driver's license shall be five dollars and such license shall be valid for a period of 55 two years. 56 5. Any intermediate driver's licensee accumulating six or more points in a twelve-month 57 period may be required to participate in and successfully complete a driver-improvement 58 program approved by the state highways and transportation commission. The 59 driver-improvement program ordered by the director of revenue shall not be used in lieu of point 60 assessment. 61 6. (1) An intermediate driver's licensee who has, for the preceding twelve-month period, 62 had no alcohol-related enforcement contacts, as defined in section 302.525 and no traffic 63 convictions for which points are assessed, upon reaching the age of eighteen years or within the 64 thirty days immediately preceding their eighteenth birthday may apply for and receive without 65 further examination, other than a vision test as prescribed by section 302.173, a license issued 66 pursuant to this chapter granting full driving privileges. Such person shall pay the required fee 67 for such license as prescribed in section 302.177. 68 (2) If an intermediate driver's license expires on a Saturday, Sunday, or legal holiday, 69 such license shall remain valid for the five business days immediately following the expiration 70 date. In no case shall a licensee whose intermediate driver's license expires on a Saturday, 71 Sunday, or legal holiday be guilty of an offense of driving with an expired or invalid driver's 72 license if such offense occurred within five business days immediately following an expiration 73 date that occurs on a Saturday, Sunday, or legal holiday. HB 1434 199 74 (3) The director of revenue shall deny an application for a full driver's license until the 75 person has had no traffic convictions for which points are assessed for a period of twelve months 76 prior to the date of application for license or until the person is eligible to apply for a six-year 77 driver's license as provided for in section 302.177, provided the applicant is otherwise eligible 78 for full driving privileges. An intermediate driver's license shall expire when the licensee is 79 eligible and receives a full driver's license as prescribed in subdivision (1) of this section. 80 7. No person upon reaching the age of eighteen years whose intermediate driver's license 81 and driving privilege is denied, suspended, cancelled or revoked in this state or any other state 82 for any reason may apply for a full driver's license until such license or driving privilege is fully 83 reinstated. Any such person whose intermediate driver's license has been revoked pursuant to 84 the provisions of sections 302.010 to 302.540 shall, upon receipt of reinstatement of the 85 revocation from the director, pass the complete driver examination, apply for a new license, and 86 pay the proper fee before again operating a motor vehicle upon the highways of this state. 87 8. A person shall be exempt from the intermediate licensing requirements if the person 88 has reached the age of eighteen years and meets all other licensing requirements. 89 9. Any person who violates any of the provisions of this section relating to intermediate 90 drivers' licenses or the provisions of section 302.130 relating to temporary instruction permits 91 is guilty of an infraction, and no points shall be assessed to his or her driving record for any such 92 violation. 93 10. Any rule or portion of a rule, as that term is defined in section 536.010, that is 94 created under the authority delegated in this section shall become effective only if it complies 95 with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. 96 This section and chapter 536 are nonseverable and if any of the powers vested with the general 97 assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and 98 annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and 99 any rule proposed or adopted after August 28, 2000, shall be invalid and void. 314.100. No person, upon proper application, shall be denied credit solely on account 2 of sex or [marital] contract of domestic union status, except as may be required to comply with 3 section 408.200, and except that any creditor may require the signature of both husband and wife 4 on the credit instrument. 320.320. 1. A volunteer firefighter serving a rural, volunteer or subscription fire 2 department or organization is serving the state of Missouri in an official capacity as a fire 3 protection volunteer and is hereby declared to be a public safety officer of the state of Missouri 4 serving without wages, salary or certain other employee-type fringe benefits described in 5 subsection 3 of this section. HB 1434 200 6 2. The designation of a volunteer firefighter as a public safety officer of the state of 7 Missouri in subsection 1 of this section does not entitle a volunteer firefighter to any rights, 8 privileges or benefits provided to an employee or official of the state of Missouri, including 9 retirement benefits and participation in the state legal defense fund, except as provided in 10 subsection 3 of this section. 11 3. Notwithstanding the provisions of subsection 2 of this section, any rural, volunteer 12 or subscription fire department or organization, or volunteer fire protection association as defined 13 in section 320.300, may provide life insurance, accident, sickness, health, disability, annuity, 14 length of service, retirement, pension and other employee-type fringe benefits, subject to the 15 provisions of section 70.615, for volunteer firefighters who are members of any such department, 16 organization or association and such other benefits for their spouses and eligible unemancipated 17 children as the governing board deems appropriate, either through a contributory or 18 noncontributory plan, or both. For purposes of this section, "eligible unemancipated child" 19 means a natural or adopted child of an insured, or a stepchild of an insured who is domiciled 20 with the insured, who is less than twenty-three years of age, who is not [married] a party to a 21 contract of domestic union, not employed on a full-time basis, not maintaining a separate 22 residence except for full-time students in an accredited school or institution of higher learning, 23 and who is dependent on parents or guardians for at least fifty percent of his or her support. The 24 type and extent of such benefits shall be determined by the governing board of the department, 25 organization or association, whichever is applicable. The provision and receipt of such benefits 26 shall not make the recipient an employee of the district, association or organization. Directors 27 or board members who are also volunteer firefighters may receive such benefits while serving 28 as a director or board member of the district, association or organization. 321.220. For the purpose of providing fire protection to the property within the district, 2 the district and, on its behalf, the board shall have the following powers, authority and privileges: 3 (1) To have perpetual existence; 4 (2) To have and use a corporate seal; 5 (3) To sue and be sued, and be a party to suits, actions and proceedings; 6 (4) To enter into contracts, franchises and agreements with any person, partnership, 7 association or corporation, public or private, affecting the affairs of the district, including 8 contracts with any municipality, district or state, or the United States of America, and any of their 9 agencies, political subdivisions or instrumentalities, for the planning, development, construction, 10 acquisition or operation of any public improvement or facility, or for a common service relating 11 to the control or prevention of fires, including the installation, operation and maintenance of 12 water supply distribution, fire hydrant and fire alarm systems; provided, that a notice shall be 13 published for bids on all construction or purchase contracts for work or material or both, outside HB 1434 201 14 the authority contained in subdivision (9) of this section, involving an expense of ten thousand 15 dollars or more; 16 (5) Upon approval of the voters as herein provided, to borrow money and incur 17 indebtedness and evidence the same by certificates, notes or debentures, and to issue bonds, in 18 accordance with the provisions of this chapter; 19 (6) To acquire, construct, purchase, maintain, dispose of and encumber real and personal 20 property, fire stations, fire protection and fire-fighting apparatus and auxiliary equipment 21 therefor, and any interest therein, including leases and easements; 22 (7) To refund any bonded indebtedness of the district without an election. The terms and 23 conditions of refunding bonds shall be substantially the same as those of the original issue of 24 bonds, and the board shall provide for the payment of interest, at not to exceed the legal rate, and 25 the principal of such refunding bonds in the same manner as is provided for the payment of 26 interest and principal of bonds refunded; 27 (8) To have the management, control and supervision of all the business and affairs of 28 the district, and the construction, installation, operation and maintenance of district 29 improvements therein; 30 (9) To hire and retain agents, employees, engineers and attorneys, including part-time 31 or volunteer firemen; 32 (10) To have and exercise the power of eminent domain and in the manner provided by 33 law for the condemnation of private property for public use to take any property within the 34 district necessary to the exercise of the powers herein granted; 35 (11) To receive and accept by bequest, gift or donation any kind of property. 36 Notwithstanding any other provision of law to the contrary, any property received by the fire 37 protection district as a gift or any property purchased by the fire protection district at a price 38 below the actual market value of the property may be returned to the donor or resold to the seller 39 if such property is not used for the specific purpose for which it was acquired; 40 (12) To adopt and amend bylaws, fire protection and fire prevention ordinances, and any 41 other rules and regulations not in conflict with the constitution and laws of this state, necessary 42 for the carrying on of the business, objects and affairs of the board and of the district, and refer 43 to the proper authorities for prosecution any infraction thereof detrimental to the district. Any 44 person violating any such ordinance is hereby declared to be guilty of a misdemeanor, and upon 45 conviction thereof shall be punished as is provided by law therefor. The prosecuting attorney 46 for the county in which the violation occurs shall prosecute such violations in the circuit court 47 of that county. The legal officer or attorney for the fire district may be appointed by the 48 prosecuting attorney as special assistant prosecuting attorney for the prosecution of any such 49 violation. The enactments of the fire district in delegating administrative authority to officials HB 1434 202 50 of the district may provide standards of action for the administrative officials, which standards 51 are declared as industrial codes adopted by nationally organized and recognized trade bodies. 52 The board shall have the power to adopt an ordinance, rule, or regulation allowing the district 53 to charge individuals who reside outside of the district, but who receive emergency services 54 within the boundaries of the district, for the actual and reasonable cost of such services. 55 However, such actual and reasonable costs shall not exceed one hundred dollars for responding 56 to each fire call or alarm and two hundred fifty dollars for each hour or a proportional sum for 57 each quarter hour spent in combating a fire or emergency; 58 (13) To pay all court costs and expenses connected with the first election or any 59 subsequent election in the district; 60 (14) To have and exercise all rights and powers necessary or incidental to or implied 61 from the specific powers granted herein. Such specific powers shall not be considered as a 62 limitation upon any power necessary or appropriate to carry out the purposes and intent of this 63 chapter; 64 (15) To provide for health, accident, disability and pension benefits for the salaried 65 members of its organized fire department of the district and such other benefits for their spouses 66 and eligible unemancipated children, through either or both a contributory or noncontributory 67 plan. For purposes of this section, "eligible unemancipated child" means a natural or adopted 68 child of an insured, or a stepchild of an insured who is domiciled with the insured, who is less 69 than twenty-three years of age, who is not [married] a party to a contract of domestic union, 70 not employed on a full-time basis, not maintaining a separate residence except for full-time 71 students in an accredited school or institution of higher learning, and who is dependent on 72 parents or guardians for at least fifty percent of his or her support. The type and amount of such 73 benefits shall be determined by the board of directors of the fire protection district within the 74 level of available revenues of the pension program and other available revenues of the district. 75 If an employee contributory plan is adopted, then at least one voting member of the board of 76 trustees shall be a member of the fire district elected by the contributing members, which shall 77 not be the same as the board of directors; 78 (16) To contract with any municipality that is contiguous to a fire protection district for 79 the fire protection district to provide fire protection to the municipality for a fee as hereinafter 80 provided; 81 (17) To provide for life insurance, accident, sickness, health, disability, annuity, length 82 of service, pension, retirement and other employee-type fringe benefits, subject to the provisions 83 of section 70.615, for the volunteer members of any organized fire department of the district and 84 such other benefits for their spouses and eligible unemancipated children, through either a 85 contributory or noncontributory plan, or both. For purposes of this section, "eligible HB 1434 203 86 unemancipated child" means a natural or adopted child of an insured, or a stepchild of an insured 87 who is domiciled with the insured, who is less than twenty-three years of age, who is not 88 [married] a party to a contract of domestic union, not employed on a full-time basis, not 89 maintaining a separate residence except for full-time students in an accredited school or 90 institution of higher learning, and who is dependent on parents or guardians for at least fifty 91 percent of his or her support. The type and amount of such benefits shall be determined by the 92 board of directors of the fire protection district within available revenues of the district, including 93 the pension program of the district. The provision and receipt of such benefits shall not make 94 the recipient an employee of the district. Directors who are also volunteer members may receive 95 such benefits while serving as a director of the district; 96 (18) To contract for services with any rural, volunteer or subscription fire department 97 or organization, or volunteer fire protection association, as defined in section 320.300, for the 98 purpose of providing the benefits described in subdivision (17) of this section. 321.600. For the purpose of providing fire protection to the property within the district, 2 the district and, on its behalf, the board shall have the following powers, authority and privileges: 3 (1) To have perpetual existence; 4 (2) To have and use a corporate seal; 5 (3) To sue and be sued, and be a party to suits, actions and proceedings; 6 (4) To enter into contracts, franchises and agreements with any person, partnership, 7 association or corporation, public or private, affecting the affairs of the district, including 8 contracts with any municipality, district or state, or the United States of America, and any of their 9 agencies, political subdivisions or instrumentalities, for the planning, development, construction, 10 acquisition or operation of any public improvement or facility, or for a common service relating 11 to the control or prevention of fires, including the installation, operation and maintenance of 12 water supply distribution, fire hydrant and fire alarm systems; provided, that a notice shall be 13 published for bids on all construction or purchase contracts for work or material or both, outside 14 the authority contained in subdivision (9) of this section, involving an expense of ten thousand 15 dollars or more; 16 (5) Upon approval of the voters, as herein provided, to borrow money and incur 17 indebtedness and evidence the same by certificates, notes or debentures, and to issue bonds, in 18 accordance with the provisions of sections 321.010 to 321.450; 19 (6) To acquire, construct, purchase, maintain, dispose of and encumber real and personal 20 property, fire stations, fire protection and fire-fighting apparatus and auxiliary equipment 21 therefor, and any interest therein, including leases and easements; 22 (7) To refund any bonded indebtedness of the district without an election. The terms and 23 conditions of refunding bonds shall be substantially the same as those of the original issue of HB 1434 204 24 bonds, and the board shall provide for the payment of interest, at not to exceed the legal rate, and 25 the principal of such refunding bonds in the same manner as is provided for the payment of 26 interest and principal of bonds refunded; 27 (8) To have the management, control and supervision of all the business and affairs of 28 the district, and the construction, installation, operation and maintenance of district 29 improvements therein; 30 (9) To hire and retain agents, employees, engineers and attorneys, including part-time 31 or volunteer firemen; 32 (10) To have and exercise the power of eminent domain and in the manner provided by 33 law for the condemnation of private property for public use to take any property within the 34 district necessary to the exercise of the powers herein granted; 35 (11) To receive and accept by bequest, gift or donation any kind of property. 36 Notwithstanding any other provision of law to the contrary, any property received by the fire 37 protection district as a gift or any property purchased by the fire protection district at a price 38 below the actual market value of the property may be returned to the donor or resold to the seller 39 if such property is not used for the specific purpose for which it was acquired; 40 (12) To adopt and amend bylaws, fire protection and fire prevention ordinances, and any 41 other rules and regulations not in conflict with the constitution and laws of this state, necessary 42 for the carrying on of the business, objects and affairs of the board and of the district, and refer 43 to the proper authorities for prosecution any violation thereof detrimental to the district. Any 44 person violating any such ordinance is hereby declared to be guilty of a class B misdemeanor, 45 and upon conviction thereof shall be punished as is provided herein: 46 (a) The prosecuting attorney for the county in which the violation occurs shall prosecute 47 such violations in the circuit court of that county. The legal officer or attorney for the fire district 48 may be appointed by the prosecuting attorney as special assistant prosecuting attorney for the 49 prosecution of any such violation; or 50 (b) The board may adopt a specific ordinance to impose a fine or a series of fines for 51 specific offenses of not more than five hundred dollars. The accused person may either appear 52 in court at a set date or make payment to the officer appointed by the board, either in person or 53 through the United States mail, with the moneys handled as are all other moneys of the district. 54 If the fine is not paid by the deadline imposed, the violation and the failure to pay the fine or 55 appear in court at the set date may be further prosecuted as provided in paragraph (a) of this 56 subdivision. The enactments of the fire district in delegating administrative authority to officials 57 of the district may provide standards of action for the administrative officials, which standards 58 are declared as industrial codes adopted by nationally organized and recognized trade bodies; HB 1434 205 59 (13) To pay all court costs and expenses connected with the first election or any 60 subsequent election in the district; 61 (14) To have and exercise all rights and powers necessary or incidental to or implied 62 from the specific powers granted herein. Such specific powers shall not be considered as a 63 limitation upon any power necessary or appropriate to carry out the purposes and intent of 64 sections 321.010 to 321.450; 65 (15) To provide for health, accident, disability, and pension benefits, through either or 66 both a contributory or noncontributory plan, of the salaried members and such other benefits for 67 their spouses and eligible unemancipated children of its organized fire department of the district. 68 For purposes of this section, "eligible unemancipated child" means a natural or adopted child of 69 an insured, or a stepchild of an insured who is domiciled with the insured, who is less than 70 twenty-three years of age, who is not [married] a party to a contract of domestic union, not 71 employed on a full-time basis, not maintaining a separate residence except for full-time students 72 in an accredited school or institution of higher learning, and who is dependent on parents or 73 guardians for at least fifty percent of his or her support. Such benefits shall be determined by the 74 board of directors of the fire protection district within the level of available revenues of the 75 pension program and other available revenues of the district. If an employee contributory plan 76 is adopted, then at least one voting member of the board of trustees shall be a member of the fire 77 district elected by the contributing members, which shall not be the same as the board of 78 directors; 79 (16) To provide for life insurance, accident, sickness, health, disability, annuity, uniform, 80 length of service, pension, retirement and other employee-type fringe benefits, subject to the 81 provisions of section 70.615, through either a contributory or noncontributory plan or both, for 82 the volunteer members and such other benefits for their spouses and minor children of any 83 organized fire department of the district. The type and amount of such benefits shall be 84 determined by the board of directors of the fire protection district within available revenues of 85 the district, including the pension program of the district. The provision and receipt of such 86 benefits shall not make the recipient an employee of the district. Directors who are also 87 volunteer members may receive such benefits while serving as a director of the district; 88 (17) To contract for services with any rural, volunteer or subscription fire department 89 or organization, or volunteer fire protection association, as defined in section 320.300, for the 90 purpose of providing the benefits described in subdivision (16) of this section. 354.095. 1. A corporation subject to the provisions of sections 354.010 to 354.380 may, 2 in the discretion of its board of directors, limit or define the classes of persons who shall be 3 eligible to become members or beneficiaries, limit and define the benefits which it will furnish, 4 and may define such benefits as it undertakes to furnish into classes or kinds. It may make HB 1434 206 5 available to its members or beneficiaries such health services, or reimbursement therefor, as the 6 board of directors of any such corporation may approve; if maternity benefits are provided to any 7 members of any plan, then maternity benefits shall be provided to any member of such plan 8 without discrimination as to whether the member is [married or unmarried] a party to a contract 9 of domestic union or not a party to a contract of domestic union, and if maternity benefits 10 are provided to a beneficiary of any plan, then maternity benefits shall be provided to such 11 beneficiary of such plan without discrimination as to whether the beneficiary is [married or 12 unmarried] a party to a contract of domestic union or not a party to a contract of domestic 13 union. 14 2. If an ambulatory surgical facility as defined by subdivision (2) of section 197.200, has 15 received a certificate of need as provided in chapter 197, a health services corporation shall 16 provide benefits to the facility on the same basis as it does to all other health care facilities, 17 whether contracting members or noncontracting members. A health services corporation shall 18 use the same standards that are applied to any other health care facility within the same health 19 services area in defining the benefits that the corporation will furnish to the ambulatory surgical 20 facility, the classes to which such benefits will be furnished, and the amount of reimbursement. 354.536. 1. If a health maintenance organization plan provides that coverage of a 2 dependent child terminates upon attainment of the limiting age for dependent children, such 3 coverage shall continue while the child is and continues to be both incapable of self-sustaining 4 employment by reason of mental or physical handicap and chiefly dependent upon the enrollee 5 for support and maintenance. Proof of such incapacity and dependency must be furnished to the 6 health maintenance organization by the enrollee at least thirty-one days after the child's 7 attainment of the limiting age. The health maintenance organization may require at reasonable 8 intervals during the two years following the child's attainment of the limiting age subsequent 9 proof of the child's disability and dependency. After such two-year period, the health 10 maintenance organization may require subsequent proof not more than once each year. 11 2. If a health maintenance organization plan provides that coverage of a dependent child 12 terminates upon attainment of the limiting age for dependent children, such plan, so long as it 13 remains in force, until the dependent child attains the limiting age, shall remain in force at the 14 option of the enrollee. The enrollee's election for continued coverage under this section shall be 15 furnished to the health maintenance organization within thirty-one days after the child's 16 attainment of the limiting age. As used in this subsection, a dependent child is a person who is: 17 (1) [Unmarried] Not a party to a contract of domestic union and no more than 18 twenty-five years of age; and 19 (2) A resident of this state; and HB 1434 207 20 (3) Not provided coverage as a named subscriber, insured, enrollee, or covered person 21 under any group or individual health benefit plan, or entitled to benefits under Title XVIII of the 22 Social Security Act, P.L. 89-97, 42 U.S.C. Section 1395, et seq. 375.936. Any of the following practices, if committed in violation of section 375.934, 2 are hereby defined as unfair trade practices in the business of insurance: 3 (1) "Boycott, coercion, intimidation", entering into any agreement to commit, or by any 4 concerted action committing any act of boycott, coercion or intimidation resulting in or tending 5 to result in an unreasonable restraint of, or monopoly in, the business of insurance; 6 (2) "Defamation", making, publishing, disseminating, or circulating, directly or 7 indirectly, or aiding, abetting or encouraging the making, publishing, disseminating or circulating 8 of any oral or written statement or any pamphlet, circular, article or literature which is false, or 9 maliciously critical of or derogatory to the financial condition of any insurer, and which is 10 calculated to injure such insurer; 11 (3) "Failure to maintain complaint handling procedures", failure of any person to 12 maintain a complete record of all the complaints which it has received for a period of not less 13 than three years. This record shall indicate the total number of complaints, their classification 14 by line of insurance, the nature of each complaint, the disposition of these complaints, and the 15 time it took to process each complaint. For purposes of this subdivision, "complaint" shall mean 16 any written communication primarily expressing a grievance; 17 (4) "False information and advertising generally", making, publishing, disseminating, 18 circulating or placing before the public, or causing, directly or indirectly, to be made, published, 19 disseminated, circulated, or placed before the public, in a newspaper, magazine or other 20 publication, or in the form of a notice, circular, pamphlet, letter or poster or over any radio or 21 television station, or in any other way, an advertisement, announcement or statement containing 22 any assertion, representation or statement with respect to the business of insurance or with 23 respect to any insurer in the conduct of his insurance business, which is untrue, deceptive or 24 misleading; 25 (5) "False statements and entries:" 26 (a) Knowingly filing with any supervisory or other public official, or knowingly making, 27 publishing, disseminating, circulating or delivering to any person, or placing before the public, 28 or knowingly causing, directly or indirectly, to be made, published, disseminated, circulated, 29 delivered to any person, or placed before the public, any false material statement of fact as to the 30 financial condition or dealings of an insurer; 31 (b) Knowingly making any false entry of a material fact in any book, report or statement 32 of any insurer or knowingly omitting to make a true entry of any material fact pertaining to the 33 business of such insurer in any book, report or statement of such insurer; HB 1434 208 34 (6) "Misrepresentations and false advertising of insurance policies", making, issuing, 35 circulating, or causing to be made, issued or circulated, any estimate, illustrations, circular or 36 statement, sales presentation, omission, or comparison which: 37 (a) Misrepresents the benefits, advantages, conditions, or terms of any policy; 38 (b) Misrepresents the dividends or share of the surplus to be received on any policy; 39 (c) Makes any false or misleading statements as to the dividends or share of surplus 40 previously paid on any policy; 41 (d) Is misleading or is a misrepresentation as to the financial condition of any insurer, 42 or as to the legal reserve system upon which any life insurer operates; 43 (e) Uses any name or title of any policy or class of policies misrepresenting the true 44 nature thereof; 45 (f) Is a misrepresentation for the purpose of inducing or tending to induce the purchase, 46 lapse, forfeiture, exchange, conversion, or surrender of any policy, including any intentional 47 misquote of a premium rate; 48 (g) Is a misrepresentation for the purpose of effecting a pledge or assignment of or 49 effecting a loan against any policy; or 50 (h) Misrepresents any policy as being shares of stock; 51 (7) "Misrepresentation in insurance applications", making false or fraudulent statements 52 or representations on or relative to an application for a policy, for the purpose of obtaining a fee, 53 commission, money, or other benefit from any insurer, agent, agency, broker or other person; 54 (8) "Prohibited group enrollments", no insurer shall offer more than one group contract 55 of insurance through any person unless such person is licensed pursuant to law; however, this 56 prohibition shall not apply to employer-employee relationships, nor to any such enrollments; 57 (9) "Rebates": 58 (a) Except as otherwise expressly provided by law, knowingly permitting or offering to 59 make or making any contract of life insurance, life annuity, accident and health insurance or 60 other insurance, or agreement as to such contract other than as plainly expressed in the insurance 61 contract issued thereon, or paying or allowing, or giving or offering to pay, allow, or give, 62 directly or indirectly, as inducement to such insurance or annuity, any rebate of premiums 63 payable on the contract, or any special favor or advantage in the dividends or other benefits 64 thereon, or any valuable consideration or inducement whatever not specified in the contract; or 65 giving, or selling, or purchasing or offering or to give, sell, or purchase as inducement to such 66 insurance contract or annuity or in connection therewith, any stocks, bonds or other securities 67 of any insurance company or other corporation, association, or partnership, or any dividends or 68 profits accrued thereon, or anything of value whatsoever not specified in the contract; HB 1434 209 69 (b) Nothing in subdivision (11) or paragraph (a) of this subdivision shall be construed 70 as including within the definition of discrimination or rebates any of the following practices: 71 a. In the case of any contract of life insurance or life annuity, paying bonuses to 72 nonparticipating policyholders or otherwise abating their premiums in whole or in part out of 73 surplus accumulated from nonparticipating insurance; provided that any such bonuses or 74 abatement of premiums shall be fair and equitable to policyholders and for the best interest of 75 the company and its policyholders; 76 b. In the case of life insurance policies issued on the industrial debit plan, making 77 allowance to policyholders who have continuously for a specified period made premium 78 payments directly to an office of the insurer in an amount which fairly represents the saving in 79 collection expenses; 80 c. Readjustment of the rate of premium for a group insurance policy based on the loss 81 or expense experience thereunder, at the end of the first or any subsequent policy year of 82 insurance thereunder, which may be made retroactive only for such policy year; 83 (10) "Stock operations and advisory board contracts", issuing or delivering or permitting 84 agents, officers or employees to issue or deliver, agency company stock or other capital stock, 85 or benefit certificates or shares in any common law corporation, or securities or any special or 86 advisory board contracts or other contracts of any kind promising returns and profits as an 87 inducement to insurance; 88 (11) "Unfair discrimination": 89 (a) Making or permitting any unfair discrimination between individuals of the same class 90 and equal expectation of life in the rates charged for any contract of life insurance or of life 91 annuity or in the dividends or other benefits payable thereon, or in any other of the terms and 92 conditions of such contract; 93 (b) Making or permitting any unfair discrimination between individuals of the same class 94 and of essentially the same hazard in the amount of premium, policy fees, or rates charged for 95 any policy or contract of accident or health insurance or in the benefits payable thereunder, or 96 in any of the terms or conditions of such contract, or in any other manner whatever, including 97 any unfair discrimination by not permitting the insured full freedom of choice in the selection 98 of any duly licensed physician, surgeon, optometrist, chiropractor, dentist, psychologist, 99 pharmacist, pharmacy, or podiatrist; except that the terms of this paragraph shall not apply to 100 health maintenance organizations licensed pursuant to chapter 354; 101 (c) Making or permitting any unfair discrimination between individuals or risks of the 102 same class and of essentially the same hazards by refusing to issue, refusing to renew, cancelling 103 or limiting the amount of insurance coverage on a property or casualty risk because of the 104 geographic location of the risk; HB 1434 210 105 (d) Making or permitting any unfair discrimination between individuals or risks of the 106 same class and of essentially the same hazards by refusing to issue, refusing to renew, cancelling 107 or limiting the amount of insurance coverage on a residential property risk, or the personal 108 property contained therein, because of the age of the residential property; 109 (e) Refusing to insure, refusing to continue to insure, or limiting the amount of coverage 110 available to an individual because of the gender or [marital] domestic union status of the 111 individual; however, nothing in this paragraph shall prohibit an insurer from taking [marital] 112 domestic union status into account for the purpose of defining persons eligible for dependent 113 benefits; 114 (f) Refusing to insure solely because another insurer has refused to issue a policy, or has 115 cancelled or has refused to renew an existing policy for which that person was the named 116 insured, nor shall any insurance company or its agent or representative require any applicant or 117 policyholder to divulge in a written application or otherwise whether any insurer has cancelled 118 or refused to renew or issue to the applicant or policyholder a policy of insurance, provided that 119 an insurer may require the name of the prior carrier in order to verify the applicant's previous 120 claims or medical history; 121 (g) Cancelling or refusing to insure or refusing to continue to insure a policy solely 122 because of race, gender, color, creed, national origin, or ancestry of anyone who is or seeks to 123 become insured; 124 (h) Terminating, or modifying coverage or refusing to issue or refusing to renew any 125 property or casualty policy or contract of insurance solely because the applicant or insured or any 126 employee of either is mentally or physically impaired; except that this paragraph shall not apply 127 to accident and health insurance sold by a casualty insurer and, in addition, this paragraph shall 128 not be interpreted to modify any other provision of law relating to the termination, modification, 129 issuance or renewal of any insurance policy or contract; 130 (i) The provisions of paragraphs (c), (d), (e), (f), (g), and (h) of this subdivision shall not 131 apply if: 132 a. The refusal, cancellation, limitation, termination or modification is for a business 133 purpose which is not a mere pretext for unfair discrimination, or 134 b. The refusal, cancellation, limitation, termination or modification is required by law 135 or regulatory mandate; 136 (12) "Unfair financial planning practices", an insurance producer, agent, broker or 137 consultant: 138 (a) Holding himself out, directly or indirectly, to the public as a financial planner, 139 investment adviser, financial consultant, financial counselor, or any other specialist engaged in 140 the business of giving financial planning or advice relating to investments, insurance, real estate, HB 1434 211 141 tax matters, or trust and estate matters when such person is in fact engaged only in the sale of 142 policies; provided, however, an insurance producer, agent, broker or consultant who has passed 143 a professional course of study may use the symbol of the professional designation on his or her 144 business card or stationery; 145 (b) Engaging in the business of financial planning without disclosing to the client prior 146 to the execution of the agreement provided for in paragraph (c) of this subdivision or solicitation 147 of the sale of a product or service that: 148 a. He is also an insurance salesperson; and 149 b. That a commission for the sale of an insurance product will be received in addition 150 to a fee for financial planning, if such is the case. The disclosure requirement under this 151 paragraph may be met by including it in any disclosure required by federal or state securities law; 152 (c) Charging fees, other than commissions, for financial planning by insurance agents, 153 brokers or consultants, unless such fees are based upon a written agreement, which is signed by 154 the party to be charged in advance of the performance of the services under the agreement. A 155 copy of the agreement shall be provided to the party to be charged at the time the agreement is 156 signed by the party and: 157 a. The services for which the fee is to be charged must be specifically stated in the 158 agreement; 159 b. The amount of the fee to be charged or how it will be determined or calculated must 160 be specifically stated in the agreement; 161 c. The agreement must state that the client is under no obligation to purchase any 162 insurance product through the insurance agent, broker or consultant. The insurance agent, broker 163 or consultant shall retain a copy of the agreement for not less than three years after completion 164 of services, and a copy shall be available to the director upon request; 165 (13) Any violation of section 375.445. 375.995. 1. As used in this section, the following terms shall mean: 2 (1) "Contract", any insurance policy, plan, or binder, including any rider or endorsement 3 thereto, offered by an insurer; 4 (2) "Insurer", any insurance company, association, reciprocal or interinsurance exchange, 5 not-for-profit hospital plan, not-for-profit professional health service plan, health maintenance 6 organization, fraternal benefit society, beneficial association, or health services corporation, as 7 defined in section 354.010. 8 2. The purpose of this section is to eliminate the act of denying insurance benefits or 9 coverage on the sole basis of sex or [marital] domestic union status in any terms or conditions 10 of insurance contracts and in the underwriting criteria of insurance carriers. HB 1434 212 11 3. This section shall apply to all contracts delivered or issued for delivery in this state 12 by an insurer on or after October 1, 1986, and to all existing group contracts which are amended 13 on or after October 1, 1986. 14 4. The availability of any insurance contract shall not be denied to any insured or 15 prospective insured on the sole basis of the sex or [marital] domestic union status of such 16 insured or prospective insured. Neither the amount of benefits payable under a contract, nor any 17 term, condition, or type of coverage within a contract, shall be restricted, modified, excluded, 18 or reduced solely on the basis of the sex or [marital] domestic union status of the insured or 19 prospective insured except to the extent such restriction, modification, exclusion, or reduction 20 is a result of the application of rate differentials permitted under the insurance laws of this state. 21 Nothing in this section shall prohibit an insurer from taking the [marital] domestic union status 22 of an insured or prospective insured into account for the purpose of defining persons eligible for 23 dependents' benefits. Specific examples of practices prohibited by this section include, but are 24 not limited to, the following: 25 (1) Denying coverage to females gainfully employed at home, employed part time or 26 employed by relatives when such coverage is offered to males similarly employed; 27 (2) Denying policy riders to females when such riders are available to males; 28 (3) Denying maternity benefits to insureds or prospective insureds purchasing an 29 individual contract when comparable family coverage contracts offer maternity benefits; 30 (4) Denying, under group contracts, dependent coverage to husbands of female 31 employees, when dependent coverage is available to wives of male employees; 32 (5) Denying disability income contracts to employed women when such coverage is 33 offered to men similarly employed; 34 (6) Treating complications of pregnancy differently from any other illness or sickness 35 under the contract; 36 (7) Restricting, reducing, modifying, or excluding benefits relating to coverage involving 37 the genital organs of only one sex; 38 (8) Offering lower maximum monthly benefits to women than to men who are in the 39 same classification under a disability income contract; 40 (9) Offering more restrictive benefit periods and more restrictive definitions of disability 41 to women than to men in the same classifications under a disability income contract; 42 (10) Establishing different conditions by sex under which the policyholder may exercise 43 benefit options contained in the contract; 44 (11) Limiting the amount of coverage an insured or prospective insured may purchase 45 based upon the insured's or prospective insured's [marital] domestic union status unless such 46 limitation is for the purpose of defining persons eligible for dependents' benefits. HB 1434 213 376.426. No policy of group health insurance shall be delivered in this state unless it 2 contains in substance the following provisions, or provisions which in the opinion of the director 3 of the department of insurance, financial institutions and professional registration are more 4 favorable to the persons insured or at least as favorable to the persons insured and more favorable 5 to the policyholder; except that: provisions in subdivisions (5), (7), (12), (15), and (16) of this 6 section shall not apply to policies insuring debtors; standard provisions required for individual 7 health insurance policies shall not apply to group health insurance policies; and if any provision 8 of this section is in whole or in part inapplicable to or inconsistent with the coverage provided 9 by a particular form of policy, the insurer, with the approval of the director, shall omit from such 10 policy any inapplicable provision or part of a provision, and shall modify any inconsistent 11 provision or part of the provision in such manner as to make the provision as contained in the 12 policy consistent with the coverage provided by the policy: 13 (1) A provision that the policyholder is entitled to a grace period of thirty-one days for 14 the payment of any premium due except the first, during which grace period the policy shall 15 continue in force, unless the policyholder shall have given the insurer written notice of 16 discontinuance in advance of the date of discontinuance and in accordance with the terms of the 17 policy. The policy may provide that the policyholder shall be liable to the insurer for the 18 payment of a pro rata premium for the time the policy was in force during such grace period; 19 (2) A provision that the validity of the policy shall not be contested, except for 20 nonpayment of premiums, after it has been in force for two years from its date of issue, and that 21 no statement made by any person covered under the policy relating to insurability shall be used 22 in contesting the validity of the insurance with respect to which such statement was made after 23 such insurance has been in force prior to the contest for a period of two years during such 24 person's lifetime nor unless it is contained in a written instrument signed by the person making 25 such statement; except that, no such provision shall preclude the assertion at any time of defenses 26 based upon the person's ineligibility for coverage under the policy or upon other provisions in 27 the policy; 28 (3) A provision that a copy of the application, if any, of the policyholder shall be 29 attached to the policy when issued, that all statements made by the policyholder or by the persons 30 insured shall be deemed representations and not warranties and that no statement made by any 31 person insured shall be used in any contest unless a copy of the instrument containing the 32 statement is or has been furnished to such person or, in the event of the death or incapacity of 33 the insured person, to the individual's beneficiary or personal representative; 34 (4) A provision setting forth the conditions, if any, under which the insurer reserves the 35 right to require a person eligible for insurance to furnish evidence of individual insurability 36 satisfactory to the insurer as a condition to part or all of the individual's coverage; HB 1434 214 37 (5) A provision specifying the additional exclusions or limitations, if any, applicable 38 under the policy with respect to a disease or physical condition of a person, not otherwise 39 excluded from the person's coverage by name or specific description effective on the date of the 40 person's loss, which existed prior to the effective date of the person's coverage under the policy. 41 Any such exclusion or limitation may only apply to a disease or physical condition for which 42 medical advice or treatment was received by the person during the twelve months prior to the 43 effective date of the person's coverage. In no event shall such exclusion or limitation apply to 44 loss incurred or disability commencing after the earlier of: 45 (a) The end of a continuous period of twelve months commencing on or after the 46 effective date of the person's coverage during all of which the person has received no medical 47 advice or treatment in connection with such disease or physical condition; or 48 (b) The end of the two-year period commencing on the effective date of the person's 49 coverage; 50 (6) If the premiums or benefits vary by age, there shall be a provision specifying an 51 equitable adjustment of premiums or of benefits, or both, to be made in the event the age of the 52 covered person has been misstated, such provision to contain a clear statement of the method of 53 adjustment to be used; 54 (7) A provision that the insurer shall issue to the policyholder, for delivery to each 55 person insured, a certificate setting forth a statement as to the insurance protection to which that 56 person is entitled, to whom the insurance benefits are payable, and a statement as to any family 57 member's or dependent's coverage; 58 (8) A provision that written notice of claim must be given to the insurer within twenty 59 days after the occurrence or commencement of any loss covered by the policy. Failure to give 60 notice within such time shall not invalidate nor reduce any claim if it shall be shown not to have 61 been reasonably possible to give such notice and that notice was given as soon as was reasonably 62 possible; 63 (9) A provision that the insurer shall furnish to the person making claim, or to the 64 policyholder for delivery to such person, such forms as are usually furnished by it for filing proof 65 of loss. If such forms are not furnished before the expiration of fifteen days after the insurer 66 receives notice of any claim under the policy, the person making such claim shall be deemed to 67 have complied with the requirements of the policy as to proof of loss upon submitting, within 68 the time fixed in the policy for filing proof of loss, written proof covering the occurrence, 69 character, and extent of the loss for which claim is made; 70 (10) A provision that in the case of claim for loss of time for disability, written proof of 71 such loss must be furnished to the insurer within ninety days after the commencement of the 72 period for which the insurer is liable, and that subsequent written proofs of the continuance of HB 1434 215 73 such disability must be furnished to the insurer at such intervals as the insurer may reasonably 74 require, and that in the case of claim for any other loss, written proof of such loss must be 75 furnished to the insurer within ninety days after the date of such loss. Failure to furnish such 76 proof within such time shall not invalidate nor reduce any claim if it was not reasonably possible 77 to furnish such proof within such time, provided such proof is furnished as soon as reasonably 78 possible and in no event, except in the absence of legal capacity of the claimant, later than one 79 year from the time proof is otherwise required; 80 (11) A provision that all benefits payable under the policy other than benefits for loss of 81 time shall be payable not more than thirty days after receipt of proof and that, subject to due 82 proof of loss, all accrued benefits payable under the policy for loss of time shall be paid not less 83 frequently than monthly during the continuance of the period for which the insurer is liable, and 84 that any balance remaining unpaid at the termination of such period shall be paid as soon as 85 possible after receipt of such proof; 86 (12) A provision that benefits for accidental loss of life of a person insured shall be 87 payable to the beneficiary designated by the person insured or, if the policy contains conditions 88 pertaining to family status, the beneficiary may be the family member specified by the policy 89 terms. In either case, payment of these benefits is subject to the provisions of the policy in the 90 event no such designated or specified beneficiary is living at the death of the person insured. All 91 other benefits of the policy shall be payable to the person insured. The policy may also provide 92 that if any benefit is payable to the estate of a person, or to a person who is a minor or otherwise 93 not competent to give a valid release, the insurer may pay such benefit, up to an amount not 94 exceeding two thousand dollars, to any relative by blood or connection by [marriage] a contract 95 of domestic union of such person who is deemed by the insurer to be equitably entitled thereto; 96 (13) A provision that the insurer shall have the right and opportunity, at the insurer's own 97 expense, to examine the person of the individual for whom claim is made when and so often as 98 it may reasonably require during the pendency of the claim under the policy and also the right 99 and opportunity, at the insurer's own expense, to make an autopsy in case of death where it is not 100 prohibited by law; 101 (14) A provision that no action at law or in equity shall be brought to recover on the 102 policy prior to the expiration of sixty days after proof of loss has been filed in accordance with 103 the requirements of the policy and that no such action shall be brought at all unless brought 104 within three years from the expiration of the time within which proof of loss is required by the 105 policy; 106 (15) A provision specifying the conditions under which the policy may be terminated. 107 Such provision shall state that except for nonpayment of the required premium or the failure to 108 meet continued underwriting standards, the insurer may not terminate the policy prior to the first HB 1434 216 109 anniversary date of the effective date of the policy as specified therein, and a notice of any 110 intention to terminate the policy by the insurer must be given to the policyholder at least 111 thirty-one days prior to the effective date of the termination. Any termination by the insurer shall 112 be without prejudice to any expenses originating prior to the effective date of termination. An 113 expense will be considered incurred on the date the medical care or supply is received; 114 (16) A provision stating that if a policy provides that coverage of a dependent child 115 terminates upon attainment of the limiting age for dependent children specified in the policy, 116 such policy, so long as it remains in force, shall be deemed to provide that attainment of such 117 limiting age does not operate to terminate the hospital and medical coverage of such child while 118 the child is and continues to be both incapable of self-sustaining employment by reason of 119 mental or physical handicap and chiefly dependent upon the certificate holder for support and 120 maintenance. Proof of such incapacity and dependency must be furnished to the insurer by the 121 certificate holder at least thirty-one days after the child's attainment of the limiting age. The 122 insurer may require at reasonable intervals during the two years following the child's attainment 123 of the limiting age subsequent proof of the child's incapacity and dependency. After such 124 two-year period, the insurer may require subsequent proof not more than once each year. This 125 subdivision shall apply only to policies delivered or issued for delivery in this state on or after 126 one hundred twenty days after September 28, 1985; 127 (17) A provision stating that if a policy provides that coverage of a dependent child 128 terminates upon attainment of the limiting age for dependent children specified in the policy, 129 such policy, so long as it remains in force, until the dependent child attains the limiting age, shall 130 remain in force at the option of the certificate holder. Eligibility for continued coverage shall 131 be established where the dependent child is: 132 (a) [Unmarried] Not a party to a contract of domestic union and no more than [that] 133 twenty-five years of age; and 134 (b) A resident of this state; and 135 (c) Not provided coverage as a named subscriber, insured, enrollee, or covered person 136 under any group or individual health benefit plan, or entitled to benefits under Title XVIII of the 137 Social Security Act, P.L. 89-97, 42 U.S.C. Section 1395, et seq.; 138 (18) In the case of a policy insuring debtors, a provision that the insurer shall furnish to 139 the policyholder for delivery to each debtor insured under the policy a certificate of insurance 140 describing the coverage and specifying that the benefits payable shall first be applied to reduce 141 or extinguish the indebtedness; 142 (19) Notwithstanding any other provision of law to the contrary, a health carrier, as 143 defined in section 376.1350, may offer a health benefit plan that is a managed care plan that 144 requires all health care services to be delivered by a participating provider in the health carrier's HB 1434 217 145 network, except for emergency services, as defined in section 376.1350, and the services 146 described in subsection 4 of section 376.811. Such a provision shall be disclosed in clear, 147 conspicuous, and understandable language in the enrollment application and in the policy form. 148 Whenever a health carrier offers a health benefit plan pursuant to this subdivision to a group 149 contract holder as an exclusive or full replacement health benefit plan the health carrier shall 150 offer at least one additional health benefit plan option that includes an out-of-network benefit. 151 The decision to accept or reject the offer of the option of a health benefit plan that includes an 152 out-of-network benefit shall be made by the enrollee and not the group contract holder; 153 (20) A provision stating that a health benefit plan issued pursuant to subdivision (19) of 154 this section shall have in place a procedure by which an enrollee may obtain a referral to a 155 nonparticipating provider when the enrollee is diagnosed with a life-threatening condition or 156 disabling degenerative disease. The provisions of subdivisions (19) and (20) of this section shall 157 expire and be null and void at the end of the calendar year following the repeal of 42 U.S.C. 158 Section 300gg by the United States Congress or at the end of the calendar year following a 159 finding by a court of competent jurisdiction that such section is unconstitutional or otherwise 160 infirm. 376.428. 1. A group policy delivered or issued for delivery in this state by a health 2 carrier or health benefit plan, as defined in section 376.1350, which insures employees or 3 members and their eligible dependents for hospital, surgical or major medical insurance on an 4 expense-incurred or service basis, other than for specific diseases or for accidental injuries only, 5 shall provide that employees or members whose coverage under the group policy, which includes 6 coverage for their eligible dependents, would otherwise terminate because of termination of 7 employment or membership shall be entitled to continue their hospital, surgical or major medical 8 coverage, including coverage for their eligible dependents, under that group policy in the same 9 manner as continuation of coverage is required under the continuation of coverage provisions 10 set forth in the federal Consolidated Omnibus Budget Reconciliation Act (COBRA), as amended. 11 2. The spouse of an employee or member whose coverage under the group policy would 12 otherwise terminate due to dissolution of [marriage] a contract of domestic union, or death of 13 the employee or member shall have the same continuation privilege accorded under sections 14 376.421 to 376.442, 376.694 to 376.696, and 376.779 to the employee or member upon 15 termination of employment or membership. 16 3. The right to a converted policy pursuant to sections 376.395 to 376.404 for an 17 employee or member entitled to continuation of coverage under sections 376.421 to 376.442, 18 376.694 to 376.696, and 376.779 shall commence upon termination of the continued coverage 19 provided for in sections 376.421 to 376.442, 376.694 to 376.696, and 376.779. HB 1434 218 20 4. This section shall only apply to those persons who are not subject to the continuation 21 and conversion provisions set forth in Title I, Subtitle B, Part 6 of the Employment Retirement 22 Income Security Act of 1974 or Title XXII of the Public Health Service Act, as said acts were 23 in effect on January 1, 1987. 376.450. 1. Sections 376.450 to 376.454 shall be known and may be cited as the 2 "Missouri Health Insurance Portability and Accountability Act". Notwithstanding any other 3 provision of law to the contrary, health insurance coverage offered in connection with the small 4 group market, the large group market and the individual market shall comply with the provisions 5 of sections 376.450 to 376.453 and, in the case of the small group market, the provisions of 6 sections 379.930 to 379.952. As used in sections 376.450 to 376.453, the following terms mean: 7 (1) "Affiliation period", a period which, under the terms of the coverage offered by a 8 health maintenance organization, must expire before the coverage becomes effective. The 9 organization is not required to provide health care services or benefits during such period and 10 no premium shall be charged to the participant or beneficiary for any coverage during the period; 11 (2) "Beneficiary", the same meaning given such term under Section 3(8) of the Employee 12 Retirement Income Security Act of 1974 and Public Law 104-191; 13 (3) "Bona fide association", an association which: 14 (a) Has been actively in existence for at least five years; 15 (b) Has been formed and maintained in good faith for purposes other than obtaining 16 insurance; 17 (c) Does not condition membership in the association on any health status-related factor 18 relating to an individual (including an employee of an employer or a dependent of an employee); 19 (d) Makes health insurance coverage offered through the association available to all 20 members regardless of any health status-related factor relating to such members (or individuals 21 eligible for coverage through a member); and 22 (e) Does not make health insurance coverage offered through the association available 23 other than in connection with a member of the association; and 24 (f) Meets all other requirements for an association set forth in subdivision (5) of 25 subsection 1 of section 376.421 that are not inconsistent with this subdivision; 26 (4) "COBRA continuation provision": 27 (a) Section 4980B of the Internal Revenue Code (26 U.S.C. 4980B), as amended, other 28 than subsection (f)(1) of such section as it relates to pediatric vaccines; 29 (b) Title I, Subtitle B, Part 6, excluding Section 609, of the Employee Retirement Income 30 Security Act of 1974; or 31 (c) Title XXII of the Public Health Service Act, 42 U.S.C. 300dd, et seq.; 32 (5) "Creditable coverage", with respect to an individual: HB 1434 219 33 (a) Coverage of the individual under any of the following: 34 a. A group health plan; 35 b. Health insurance coverage; 36 c. Part A or Part B of Title XVIII of the Social Security Act; 37 d. Title XIX of the Social Security Act, other than coverage consisting solely of benefits 38 under Section 1928 of such act; 39 e. Chapter 55 of Title 10, United States Code; 40 f. A medical care program of the Indian Health Service or of a tribal organization; 41 g. A state health benefits risk pool; 42 h. A health plan offered under Title 5, Chapter 89, of the United States Code; 43 i. A public health plan as defined in federal regulations authorized by Section 44 2701(c)(1)(I) of the Public Health Services Act, as amended by Public Law 104-191; 45 j. A health benefit plan under Section 5(e) of the Peace Corps Act (22 U.S.C. 2504(3)); 46 (b) Creditable coverage does not include coverage consisting solely of excepted benefits; 47 (6) "Department", the Missouri department of insurance, financial institutions and 48 professional registration; 49 (7) "Director", the director of the Missouri department of insurance, financial institutions 50 and professional registration; 51 (8) "Enrollment date", with respect to an individual covered under a group health plan 52 or health insurance coverage, the date of enrollment of the individual in the plan or coverage or, 53 if earlier, the first day of the waiting period for such enrollment; 54 (9) "Excepted benefits": 55 (a) Coverage only for accident (including accidental death and dismemberment) 56 insurance; 57 (b) Coverage only for disability income insurance; 58 (c) Coverage issued as a supplement to liability insurance; 59 (d) Liability insurance, including general liability insurance and automobile liability 60 insurance; 61 (e) Workers' compensation or similar insurance; 62 (f) Automobile medical payment insurance; 63 (g) Credit-only insurance; 64 (h) Coverage for on-site medical clinics; 65 (i) Other similar insurance coverage, as approved by the director, under which benefits 66 for medical care are secondary or incidental to other insurance benefits; 67 (j) If provided under a separate policy, certificate or contract of insurance, any of the 68 following: HB 1434 220 69 a. Limited scope dental or vision benefits; 70 b. Benefits for long-term care, nursing home care, home health care, community-based 71 care, or any combination thereof; 72 c. Other similar limited benefits as specified by the director; 73 (k) If provided under a separate policy, certificate or contract of insurance, any of the 74 following: 75 a. Coverage only for a specified disease or illness; 76 b. Hospital indemnity or other fixed indemnity insurance; 77 (l) If offered as a separate policy, certificate, or contract of insurance, any of the 78 following: 79 a. Medicare supplemental coverage (as defined under Section 1882(g)(1) of the Social 80 Security Act); 81 b. Coverage supplemental to the coverage provided under Chapter 55 of Title 10, United 82 States Code; 83 c. Similar supplemental coverage provided to coverage under a group health plan; 84 (10) "Group health insurance coverage", health insurance coverage offered in connection 85 with a group health plan; 86 (11) "Group health plan", an employee welfare benefit plan as defined in Section 3(1) 87 of the Employee Retirement Income Security Act of 1974 and Public Law 104-191 to the extent 88 that the plan provides medical care, as defined in this section, and including any item or service 89 paid for as medical care to an employee or the employee's dependent, as defined under the terms 90 of the plan, directly or through insurance, reimbursement or otherwise, but not including 91 excepted benefits; 92 (12) "Health insurance coverage", or "health benefit plan" as defined in section 376.1350 93 and benefits consisting of medical care, including items and services paid for as medical care, 94 that are provided directly, through insurance, reimbursement, or otherwise under a policy, 95 certificate, membership contract, or health services agreement offered by a health insurance 96 issuer, but not including excepted benefits; 97 (13) "Health insurance issuer", "issuer", or "insurer", an insurance company, health 98 services corporation, fraternal benefit society, health maintenance organization, multiple 99 employer welfare arrangement specifically authorized to operate in the state of Missouri, or any 100 other entity providing a plan of health insurance or health benefits subject to state insurance 101 regulation; 102 (14) "Individual health insurance coverage", health insurance coverage offered to 103 individuals in the individual market, not including excepted benefits or short-term limited 104 duration insurance; HB 1434 221 105 (15) "Individual market", the market for health insurance coverage offered to individuals 106 other than in connection with a group health plan; 107 (16) "Large employer", in connection with a group health plan, with respect to a calendar 108 year and a plan year, an employer who employed an average of at least fifty-one employees on 109 business days during the preceding calendar year and who employs at least two employees on 110 the first day of the plan year; 111 (17) "Large group market", the health insurance market under which individuals obtain 112 health insurance coverage directly or through any arrangement on behalf of themselves and their 113 dependents through a group health plan maintained by a large employer; 114 (18) "Late enrollee", a participant who enrolls in a group health plan other than during 115 the first period in which the individual is eligible to enroll under the plan, or a special enrollment 116 period under subsection 6 of this section; 117 (19) "Medical care", amounts paid for: 118 (a) The diagnosis, cure, mitigation, treatment, or prevention of disease or amounts paid 119 for the purpose of affecting any structure or function of the body; 120 (b) Transportation primarily for and essential to medical care referred to in paragraph 121 (a) of this subdivision; or 122 (c) Insurance covering medical care referred to in paragraphs (a) and (b) of this 123 subdivision; 124 (20) "Network plan", health insurance coverage offered by a health insurance issuer 125 under which the financing and delivery of medical care, including items and services paid for as 126 medical care, are provided, in whole or in part, through a defined set of providers under contract 127 with the issuer; 128 (21) "Participant", the same meaning given such term under Section 3(7) of the 129 Employer Retirement Income Security Act of 1974 and Public Law 104-191; 130 (22) "Plan sponsor", the same meaning given such term under Section 3(16)(B) of the 131 Employee Retirement Income Security Act of 1974; 132 (23) "Preexisting condition exclusion", with respect to coverage, a limitation or 133 exclusion of benefits relating to a condition based on the fact that the condition was present 134 before the date of enrollment for such coverage, whether or not any medical advice, diagnosis, 135 care, or treatment was recommended or received before such date. Genetic information shall not 136 be treated as a preexisting condition in the absence of a diagnosis of the condition related to such 137 information; 138 (24) "Public Law 104-191", the federal Health Insurance Portability and Accountability 139 Act of 1996; HB 1434 222 140 (25) "Small group market", the health insurance market under which individuals obtain 141 health insurance coverage directly or through an arrangement, on behalf of themselves and their 142 dependents, through a group health plan maintained by a small employer as defined in section 143 379.930; 144 (26) "Waiting period", with respect to a group health plan and an individual who is a 145 potential participant or beneficiary in a group health plan, the period that must pass with respect 146 to the individual before the individual is eligible to be covered for benefits under the terms of 147 the group health plan. 148 2. A health insurance issuer offering group health insurance coverage may, with respect 149 to a participant or beneficiary, impose a preexisting condition exclusion only if: 150 (1) Such exclusion relates to a condition, whether physical or mental, regardless of the 151 cause of the condition, for which medical advice, diagnosis, care, or treatment was recommended 152 or received within the six-month period ending on the enrollment date; 153 (2) Such exclusion extends for a period of not more than twelve months, or eighteen 154 months in the case of a late enrollee, after the enrollment date; and 155 (3) The period of any such preexisting condition exclusion is reduced by the aggregate 156 of the periods of creditable coverage, if any, applicable to the participant as of the enrollment 157 date. 158 3. For the purposes of applying subdivision (3) of subsection 2 of this section: 159 (1) A period of creditable coverage shall not be counted, with respect to enrollment of 160 an individual under group health insurance coverage, if, after such period and before the 161 enrollment date, there was a sixty-three day period during all of which the individual was not 162 covered under any creditable coverage; 163 (2) Any period of time that an individual is in a waiting period for coverage under group 164 health insurance coverage, or is in an affiliation period, shall not be taken into account in 165 determining whether a sixty-three day break under subdivision (1) of this subsection has 166 occurred; 167 (3) Except as provided in subdivision (4) of this subsection, a health insurance issuer 168 offering group health insurance coverage shall count a period of creditable coverage without 169 regard to the specific benefits included in the coverage; 170 (4) (a) A health insurance issuer offering group health insurance coverage may elect to 171 apply the provisions of subdivision (3) of subsection 2 of this section based on coverage within 172 any category of benefits within each of several classes or categories of benefits specified in 173 regulations implementing Public Law 104-191, rather than as provided under subdivision (3) of 174 this subsection. Such election shall be made on a uniform basis for all participants and 175 beneficiaries. Under such election a health insurance issuer shall count a period of creditable HB 1434 223 176 coverage with respect to any class or category of benefits if any level of benefits is covered 177 within the class or category. 178 (b) In the case of an election with respect to health insurance coverage offered by a 179 health insurance issuer in the small or large group market under this subdivision, the health 180 insurance issuer shall prominently state in any disclosure statements concerning the coverage, 181 and prominently state to each employer at the time of the offer or sale of the coverage, that the 182 issuer has made such election, and include in such statements a description of the effect of this 183 election; 184 (5) Periods of creditable coverage with respect to an individual may be established 185 through presentation of certifications and other means as specified in Public Law 104-191 and 186 regulations pursuant thereto. 187 4. A health insurance issuer offering group health insurance coverage shall not apply any 188 preexisting condition exclusion in the following circumstances: 189 (1) Subject to subdivision (4) of this subsection, a health insurance issuer offering group 190 health insurance coverage shall not impose any preexisting condition exclusion in the case of an 191 individual who, as of the last day of the thirty-one-day period beginning with the date of birth, 192 is covered under creditable coverage; 193 (2) Subject to subdivision (4) of this subsection, a health insurance issuer offering group 194 health insurance coverage shall not impose any preexisting condition exclusion in the case of a 195 child who is adopted or placed for adoption before attaining eighteen years of age and who, as 196 of the last day of the thirty-day period beginning on the date of the adoption or placement for 197 adoption, is covered under creditable coverage. The previous sentence shall not apply to 198 coverage before the date of such adoption or placement for adoption; 199 (3) A health insurance issuer offering group health insurance coverage shall not impose 200 any preexisting condition exclusion relating to pregnancy as a preexisting condition; 201 (4) Subdivisions (1) and (2) of this subsection shall no longer apply to an individual after 202 the end of the first sixty-three-day period during all of which the individual was not covered 203 under any creditable coverage. 204 5. A health insurance issuer offering group health insurance coverage shall provide a 205 certification of creditable coverage as required by Public Law 104-191 and regulations pursuant 206 thereto. 207 6. A health insurance issuer offering group health insurance coverage shall provide for 208 special enrollment periods in the following circumstances: 209 (1) A health insurance issuer offering group health insurance in connection with a group 210 health plan shall permit an employee or a dependent of an employee who is eligible but not 211 enrolled for coverage under the terms of the plan to enroll for coverage if: HB 1434 224 212 (a) The employee or dependent was covered under a group health plan or had health 213 insurance coverage at the time that coverage was previously offered to the employee or 214 dependent; 215 (b) The employee stated in writing at the time that coverage under a group health plan 216 or health insurance coverage was the reason for declining enrollment, but only if the plan sponsor 217 or health insurance issuer required the statement at the time and provided the employee with 218 notice of the requirement and the consequences of the requirement at the time; 219 (c) The employee's or dependent's coverage described in paragraph (a) of this subdivision 220 was: 221 a. Under a COBRA continuation provision and was exhausted; or 222 b. Not under a COBRA continuation provision and was terminated as a result of loss of 223 eligibility for the coverage or because employer contributions toward the cost of coverage were 224 terminated; and 225 (d) Under the terms of the group health plan, the employee requests the enrollment not 226 later than thirty days after the date of exhaustion of coverage described in subparagraph a. of 227 paragraph (c) of this subdivision or termination of coverage or employer contributions described 228 in subparagraph b. 229 of paragraph (c) of this subdivision; 230 (2) (a) A group health plan shall provide for a dependent special enrollment period 231 described in paragraph (b) of this subdivision during which an employee who is eligible but not 232 enrolled and a dependent may be enrolled under the group health plan and, in the case of the birth 233 or adoption of a child, the spouse of the employee may be enrolled as a dependent if the spouse 234 is otherwise eligible for coverage. 235 (b) A dependent special enrollment period under this subdivision is a period of not less 236 than thirty days that begins on the date of the [marriage] contract of domestic union, or 237 adoption or placement for adoption, or the period provided for enrollment in section 376.406 in 238 the case of a birth; 239 (3) The coverage becomes effective: 240 (a) In the case of [marriage] a contract of domestic union, not later than the first day 241 of the first month beginning after the date on which the completed request for enrollment is 242 received; 243 (b) In the case of a dependent's birth, as of the date of birth; or 244 (c) In the case of a dependent's adoption or placement for adoption, the date of the 245 adoption or placement for adoption. HB 1434 225 246 7. In the case of group health insurance coverage offered by a health maintenance 247 organization, the plan may provide for an affiliation period with respect to coverage through the 248 organization only if: 249 (1) No preexisting condition exclusion is imposed with respect to coverage through the 250 organization; 251 (2) The period is applied uniformly without regard to any health status-related factors; 252 (3) Such period does not exceed two months, or three months in the case of a late 253 enrollee; 254 (4) Such period begins on the enrollment date; and 255 (5) Such period runs concurrently with any waiting period. 376.776. 1. This section applies to the hospital and medical expense provisions of an 2 accident or sickness insurance policy. 3 2. If a policy provides that coverage of a dependent child terminates upon attainment of 4 the limiting age for dependent children specified in the policy, such policy so long as it remains 5 in force shall be deemed to provide that attainment of such limiting age does not operate to 6 terminate the hospital and medical coverage of such child while the child is and continues to be 7 both incapable of self-sustaining employment by reason of mental or physical handicap and 8 chiefly dependent upon the policyholder for support and maintenance. Proof of such incapacity 9 and dependency must be furnished to the insurer by the policyholder at least thirty-one days after 10 the child's attainment of the limiting age. The insurer may require at reasonable intervals during 11 the two years following the child's attainment of the limiting age subsequent proof of the child's 12 disability and dependency. After such two-year period, the insurer may require subsequent proof 13 not more than once each year. 14 3. If a policy provides that coverage of a dependent child terminates upon attainment of 15 the limiting age for dependent children specified in the policy, such policy, so long as it remains 16 in force until the dependent child attains the limiting age, shall remain in force at the option of 17 the policyholder. The policyholder's election for continued coverage under this section shall be 18 furnished by the policyholder to the insurer within thirty-one days after the child's attainment of 19 the limiting age. As used in this subsection, a dependent child is a person who: 20 (1) Is a resident of this state; 21 (2) Is [unmarried] not a party of a contract of domestic union and no more than 22 twenty-five years of age; and 23 (3) [Not] Is not provided coverage as a named subscriber, insured, enrollee, or covered 24 person under any group or individual health benefit plan, or entitled to benefits under Title XVIII 25 of the Social Security Act, P.L. 89-97, 42 U.S.C. Section 1395, et seq. HB 1434 226 26 4. This section applies only to policies delivered or issued for delivery in this state more 27 than one hundred twenty days after October 13, 1967. 376.777. 1. Required provisions. Except as provided in subsection 3 of this section each 2 such policy delivered or issued for delivery to any person in this state shall contain the provisions 3 specified in this subsection in the words in which the same appear in this section; provided, 4 however, that the insurer may, at its option, substitute for one or more of such provisions 5 corresponding provisions of different wording approved by the director of the department of 6 insurance, financial institutions and professional registration which are in each instance not less 7 favorable in any respect to the insured or the beneficiary. Such provisions shall be preceded 8 individually by the caption appearing in this subsection or, at the option of the insurer, by such 9 appropriate individual or group captions or subcaptions as the director of the department of 10 insurance, financial institutions and professional registration may approve. 11 (1) A provision as follows: 12 "ENTIRE CONTRACT; CHANGES: 13 This policy, including the endorsements and the attached papers, if any, constitutes the 14 entire contract of insurance. No change in this policy shall be valid until approved by an 15 executive officer of the insurer and unless such approval be endorsed hereon or attached hereto. 16 No agent has authority to change this policy or to waive any of its provisions". 17 (When under the provisions of subdivision (2) of subsection 1 of section 376.775 the 18 effective and termination dates are stated in the premium receipt, the insurer shall insert in the 19 first sentence of the foregoing policy provision immediately following the comma after the word 20 "any", the following words: "and the insurer's official premium receipt when executed"). 21 (2) A provision as follows: 22 "TIME LIMIT ON CERTAIN DEFENSES: 23 (a) After two years from the date of issue of this policy no misstatements, except 24 fraudulent misstatements, made by the applicant in the application for such policy shall be used 25 to void the policy or to deny a claim for loss incurred or disability (as defined in the policy) 26 commencing after the expiration of such two-year period". 27 (The foregoing policy provision shall not be so construed as to affect any legal 28 requirements for avoidance of a policy or denial of a claim during such initial two-year period, 29 nor to limit the application of subdivisions (1), (2), (3), (4) and (5) of subsection 2 of this section 30 in the event of misstatement with respect to age or occupation or other insurance.) 31 (A policy which the insured has the right to continue in force subject to its terms by the 32 timely payment of premium (1) until at least age fifty or, (2) in the case of a policy issued after 33 age forty-four, for at least five years from its date of issue, may contain in lieu of the foregoing HB 1434 227 34 the following provision (from which the clause in parentheses may be omitted at the insurer's 35 option) under the caption "UNCONTESTABLE": 36 37 "After this policy has been in force for a period of three years during the lifetime of the insured 38 (excluding any period during which the insured is disabled), it shall become uncontestable as to 39 the statements contained in the application). 40 (b) No claim for loss incurred or disability (as defined in the policy) commencing after 41 two years from the date of issue of this policy shall be reduced or denied on the ground that a 42 disease or physical condition not excluded from coverage by name or specific description 43 effective on the date of loss had existed prior to the effective date of coverage of this policy." 44 (3) A provision as follows: 45 "GRACE PERIOD: 46 A grace period of ...... (insert a number not less than "7" for weekly premium policies, 47 "10" for monthly premium policies and "31" for all other policies) days will be granted for the 48 payment of each premium falling due after the first premium, during which grace period the 49 policy shall continue in force." 50 (A policy which contains a cancellation provision may add, at the end of the above 51 provision, subject to the right of the insurer to cancel in accordance with the cancellation 52 provision hereof. A policy in which the insurer reserves the right to refuse any renewal shall 53 have, at the beginning of the above provision, "Unless not less than five days prior to the 54 premium due date the insurer has delivered to the insured or has mailed to his last address as 55 shown by the records of the insurer written notice of its intention not to renew this policy beyond 56 the period for which the premium has been accepted"). 57 (4) A provision as follows: 58 "REINSTATEMENT: 59 If any renewal premium be not paid within the time granted the insured for payment, a 60 subsequent acceptance of premium by the insurer or by any agent duly authorized by the insurer 61 to accept such premium, without requiring in connection therewith an application for 62 reinstatement, shall reinstate the policy; provided, however, that if the insurer or such agent 63 requires an application for reinstatement and issues a conditional receipt for the premium 64 tendered, the policy will be reinstated upon approval of such application by the insurer, or, 65 lacking such approval, upon the forty-fifth day following the date of such conditional receipt 66 unless the insurer has previously notified the insured in writing of its disapproval of such 67 application. The reinstated policy shall cover only loss resulting from such accidental injury as 68 may be sustained after the date of reinstatement and loss due to such sickness as may begin more 69 than ten days after such date. In all other respects the insured and insurer shall have the same HB 1434 228 70 rights thereunder as they had under the policy immediately before the due date of the defaulted 71 premium, subject to any provisions endorsed hereon or attached hereto in connection with the 72 reinstatement. Any premium accepted in connection with a reinstatement shall be applied to a 73 period for which premium has not been previously paid, but not to any period more than sixty 74 days prior to the date of reinstatement". 75 (The last sentence of the above provision may be omitted from any policy which the 76 insured has the right to continue in force subject to its terms by the timely payment of premiums 77 (1) until at least age fifty or, (2) in the case of a policy issued after age forty-four, for at least five 78 years from its date of issue.) 79 (5) A provision as follows: 80 "NOTICE OF CLAIM: 81 Written notice of claim must be given to the insurer within twenty days after the 82 occurrence or commencement of any loss covered by the policy, or as soon thereafter as is 83 reasonably possible. Notice given by or on behalf of the insured or the beneficiary to the insured 84 at .......... (insert the location of such office as the insurer may designate for the purpose), or to 85 any authorized agent of the insurer, with information sufficient to identify the insured, shall be 86 deemed notice to the insurer". 87 (In a policy providing a loss-of-time benefit which may be payable for at least two years, 88 an insurer may at its option insert the following between the first and second sentences of the 89 above provision: 90 91 "Subject to the qualifications set forth below, if the insured suffers loss of time on account of 92 disability for which indemnity may be payable for at least two years, he shall, at least once in 93 every six months after having given notice of claim, give to the insurer notice of continuance of 94 said disability, except in the event of legal incapacity. The period of six months following any 95 filing of proof by the insured or any payment by the insurer on account of such claim or any 96 denial of liability in whole or in part by the insurer shall be excluded in applying this provision. 97 Delay in the giving of such notice shall not impair the insured's right to any indemnity which 98 would otherwise have accrued during the period of six months preceding the date on which such 99 notice is actually given"). 100 (6) A provision as follows: 101 "CLAIM FORMS: 102 The insurer upon receipt of a notice of claim, will furnish to the claimant such forms as 103 are usually furnished by it for filing proofs of loss. If such forms are not furnished within fifteen 104 days after the giving of such notice the claimant shall be deemed to have complied with the 105 requirements of this policy as to proof of loss upon submitting, within the time fixed in the HB 1434 229 106 policy for filing proofs of loss, written proof covering the occurrence, the character and the 107 extent of the loss for which claim is made". 108 (7) A provision as follows: 109 "PROOFS OF LOSS: 110 Written proof of loss must be furnished to the insurer at its said office in case of claim 111 for loss for which this policy provides any periodic payment contingent upon continuing loss 112 within ninety days after the termination of the period for which the insurer is liable and in case 113 of claim for any other loss within ninety days after the date of such loss. Failure to furnish such 114 proof within the time required shall not invalidate nor reduce any claim if it was not reasonably 115 possible to give proof within such time, provided such proof is furnished as soon as reasonably 116 possible and in no event, except in the absence of legal capacity, later than one year from the 117 time proof is otherwise required". 118 (8) A provision as follows: 119 "TIME OF PAYMENT OF CLAIMS: 120 Indemnities payable under this policy for any loss other than loss for which this policy 121 provides any periodic payment will be paid immediately upon receipt of due written proof of 122 such loss. Subject to due written proof of loss, all accrued indemnities for loss for which this 123 policy provides periodic payment will be paid .......... (insert period for payment which must not 124 be less frequently than monthly) and any balance remaining unpaid upon the termination of 125 liability will be paid immediately upon receipt of due written proof". 126 (9) A provision as follows: 127 "PAYMENT OF CLAIMS: 128 Indemnity for loss of life will be payable in accordance with the beneficiary designation 129 and the provisions respecting such payment which may be prescribed herein and effective at the 130 time of payment. If no such designation or provision is then effective, such indemnity shall be 131 payable to the estate of the insured. Any other accrued indemnities unpaid at the insured's death 132 may, at the option of the insurer, be paid either to such beneficiary or to such estate. All other 133 indemnities will be payable to the insured". 134 (The following provisions, or either of them, may be included with the foregoing 135 provision at the option of the insurer: 136 "If any indemnity of this policy shall be payable to the estate of the insured, or to an insured or 137 beneficiary who is a minor or otherwise not competent to give a valid release, the insurer may 138 pay such indemnity, up to an amount not exceeding $...... (insert an amount which shall not 139 exceed one thousand dollars), to any relative by blood or connection by [marriage] a contract 140 of domestic union of the insured or beneficiary who is deemed by the insurer to be equitably 141 entitled thereto. Any payment made by the insurer in good faith pursuant to this provision shall HB 1434 230 142 fully discharge the insurer to the extent of such payment. Subject to any written direction of the 143 insured in the application or otherwise all or a portion of any indemnities provided by this policy 144 on account of hospital, nursing, medical, or surgical services may, at the insurer's option and 145 unless the insured requests otherwise in writing not later than the time of filing proofs of such 146 loss, be paid directly to the hospital or person rendering such services; but it is not required that 147 the service be rendered by a particular hospital or person"). 148 (10) A provision as follows: 149 "PHYSICAL EXAMINATIONS AND AUTOPSY: 150 The insurer at its own expense shall have the right and opportunity to examine the person 151 of the insured when and as often as it may reasonably require during the pendency of a claim 152 hereunder and to make an autopsy in case of death where it is not forbidden by law". 153 (11) A provision as follows: 154 "LEGAL ACTIONS: 155 No action at law or in equity shall be brought to recover on this policy prior to the 156 expiration of sixty days after written proof of loss has been furnished in accordance with the 157 requirements of this policy. No such action shall be brought after the expiration of three years 158 after the time written proof of loss is required to be furnished". 159 (12) A provision as follows: 160 "CHANGE OF BENEFICIARY: 161 Unless the insured makes an irrevocable designation of beneficiary, the right to change 162 of beneficiary is reserved to the insured and the consent of the beneficiary or beneficiaries shall 163 not be requisite to surrender or assignment of this policy or to change of beneficiary or 164 beneficiaries, or to any other changes in this policy". 165 (The first clause of this provision, relating to the irrevocable designation of beneficiary, 166 may be omitted at the insurer's option). 167 2. Other provisions. Except as provided in subsection 3 of this section, no such policy 168 delivered or issued for delivery to any person in this state shall contain provisions respecting the 169 matters set forth below unless such provisions are in the words in which the same appear in this 170 section; provided, however, that the insurer may, at its option, use in lieu of any such provision 171 a corresponding provision of different wording approved by the director of the department of 172 insurance, financial institutions and professional registration which is not less favorable in any 173 respect to the insured or the beneficiary. Any such provision contained in the policy shall be 174 preceded individually by the appropriate caption appearing in this subsection or, at the option 175 of the insurer, by such appropriate individual or group captions or subcaptions as the director of 176 the department of insurance, financial institutions and professional registration may approve. 177 (1) A provision as follows: HB 1434 231 178 "CHANGE OF OCCUPATION: 179 If the insured be injured or contract sickness after having changed his occupation to one 180 classified by the insurer as more hazardous than that stated in this policy or while doing for 181 compensation anything pertaining to an occupation so classified, the insurer will pay only such 182 portion of the indemnities provided in this policy as the premium paid would have purchased at 183 the rates and within the limits fixed by the insurer for such more hazardous occupation. If the 184 insured changes his occupation to one classified by the insurer as less hazardous than that stated 185 in this policy, the insurer, upon receipt of proof of such change of occupation, will reduce the 186 premium rate accordingly, and will return the excess pro rata unearned premium from the date 187 of change of occupation or from the policy anniversary date immediately preceding receipt of 188 such proof, whichever is the more recent. In applying this provision, the classification of 189 occupational risk and the premium rates shall be such as have been last filed by the insurer prior 190 to the occurrence of the loss for which the insurer is liable or prior to date of proof of change in 191 occupation with the state official having supervision of insurance in the state where the insured 192 resided at the time this policy was issued; but if such filing was not required, then the 193 classification of occupational risk and the premium rates shall be those last made effective by 194 the insurer in such state prior to the occurrence of the loss or prior to the date of proof of change 195 in occupation". 196 (2) A provision as follows: 197 "MISSTATEMENT OF AGE: 198 If the age of the insured has been misstated, all amounts payable under this policy shall 199 be such as the premium paid would have purchased at the correct age". 200 (3) A provision as follows: 201 "OTHER INSURANCE IN THIS INSURER: 202 If an accident or sickness or accident and sickness policy or policies previously issued 203 by the insurer to the insured be in force concurrently herewith, making the aggregate indemnity 204 for .......... (insert type of coverage or coverages) in excess of $...... (insert maximum limit of 205 indemnity or indemnities) the excess insurance shall be void and all premiums paid for such 206 excess shall be returned to the insured or to his estate, or in lieu thereof. Insurance effective at 207 any one time on the insured under a like policy or policies in this insurer is limited to the one 208 such policy elected by the insured, his beneficiary or his estate, as the case may be, and the 209 insurer will return all premiums paid for all other such policies". 210 (4) A provision as follows: 211 "INSURANCE WITH OTHER INSURERS: 212 If there be other valid coverage, not with this insurer, providing benefits for the same loss 213 on a provision of service basis or on an expense incurred basis and of which this insurer has not HB 1434 232 214 been given written notice prior to the occurrence or commencement of loss, the only liability 215 under any expense incurred coverage of this policy shall be for such proportion of the loss as the 216 amount which would otherwise have been payable hereunder plus the total of the like amounts 217 under all such other valid coverages for the same loss of which this insurer had notice bears to 218 the total like amounts under all valid coverages for such loss, and for the return of such portion 219 of the premiums paid as shall exceed the pro rata portion for the amount so determined. For the 220 purpose of applying this provision when other coverage is on a provision of service basis, the 221 "like amount" of such other coverage shall be taken as the amount which the services rendered 222 would have cost in the absence of such coverage". 223 (If the foregoing policy provision is included in a policy which also contains the next 224 following policy provision there shall be added to the caption of the foregoing provision the 225 phrase "EXPENSE INCURRED BENEFITS". The insurer may, at its option, include in this 226 provision a definition of "other valid coverage", approved as to form by the director of the 227 department of insurance, financial institutions and professional registration, which definition 228 shall be limited in subject matter to coverage provided by organizations subject to regulation by 229 insurance law or by insurance authorities of this or any other state of the United States or any 230 province of Canada, and by hospital or medical service organizations, and to any other coverage 231 the inclusion of which may be approved by the director of the department of insurance, financial 232 institutions and professional registration. In the absence of such definition such term shall not 233 include group insurance, automobile medical payments insurance, or coverage provided by 234 hospital or medical service organizations or by union welfare plans or employer or employees 235 benefit organizations. For the purpose of applying the foregoing policy provision with respect 236 to any insured, any amount of benefit provided for such insured pursuant to any compulsory 237 benefit statute (including any workers' compensation or employer's liability statute whether 238 provided by a governmental agency or otherwise shall in all cases be deemed to be "other valid 239 coverage" of which the insurer has had notice. In applying the foregoing policy provision no 240 third party liability coverage shall be included as "other valid coverage"). 241 (5) A provision as follows: 242 "INSURANCE WITH OTHER INSURERS: 243 If there be other valid coverage, not with this insurer, providing benefits for the same loss 244 on other than an expense incurred basis and of which this insurer has not been given written 245 notice prior to the occurrence or commencement of loss, the only liability for such benefits under 246 this policy shall be for such proportion of the indemnities otherwise provided hereunder for such 247 loss as the like indemnities of which the insurer had notice (including the indemnities under this 248 policy) bear to the total amount of all like indemnities for such loss, and for the return of such HB 1434 233 249 portion of the premium paid as shall exceed the pro rata portion for the indemnities thus 250 determined". 251 (If the foregoing policy provision is included in a policy which also contains the next 252 preceding policy provision there shall be added to the caption of the foregoing provision the 253 phrase "OTHER BENEFITS". The insurer may, at its option, include in this provision a 254 definition of "other valid coverage", approved as to form by the director of the department of 255 insurance, financial institutions and professional registration which definition shall be limited 256 in subject matter to coverage provided by organizations subject to regulation by insurance law 257 or by insurance authorities of this or any other state of the United States or any province of 258 Canada, and to any other coverage the inclusion of which may be approved by the director of the 259 department of insurance, financial institutions and professional registration. In the absence of 260 such definition such term shall not include group insurance, or benefits provided by union 261 welfare plans or by employer or employee benefit organizations. For the purpose of applying 262 the foregoing policy provision with respect to any insured, any amount of benefit provided for 263 such insured pursuant to any compulsory benefit statute (including any workers' compensation 264 or employer's liability statute) whether provided by a governmental agency or otherwise shall in 265 all cases be deemed to be "other valid coverage", of which the insurer has had notice. In 266 applying the foregoing policy provision no third party liability coverage shall be included as 267 "other valid coverage"). 268 (6) A provision as follows: 269 "RELATION OF EARNINGS TO INSURANCE: 270 If the total monthly amount of loss of time benefits promised for the same loss under all 271 valid loss of time coverage upon the insured, whether payable on a weekly or monthly basis, 272 shall exceed the monthly earnings of the insured at the time disability commenced or his average 273 monthly earnings for the period of two years immediately preceding a disability for which claim 274 is made, whichever is the greater, the insurer will be liable only for such proportionate amount 275 of such benefits under this policy as the amount of such monthly earnings or such average 276 monthly earnings of the insured bears to the total amount of monthly benefits for the same loss 277 under all such coverage upon the insured at the time such disability commences and for the 278 return of such part of the premiums paid during such two years as shall exceed the pro rata 279 amount of the premiums for the benefits actually paid hereunder; but this shall not operate to 280 reduce the total monthly amount of benefits payable under all such coverage upon the insured 281 below the sum of two hundred dollars or the sum of the monthly benefits specified in such 282 coverages, whichever is the lesser, nor shall it operate to reduce benefits other than those payable 283 for loss of time". HB 1434 234 284 (The foregoing policy provision may be inserted only in a policy which the insured has 285 the right to continue in force subject to its terms by the timely payment of premiums (1) until at 286 least age fifty or, (2) in the case of a policy issued after age forty-four, for at least five years from 287 this date of issue. The insurer may, at its option, include in this provision a definition of "valid 288 loss of time coverage", approved as to form by the director of the department of insurance, 289 financial institutions and professional registration, which definition shall be limited in subject 290 matter to coverage provided by governmental agencies or by organizations subject to regulation 291 by insurance law or by insurance authorities of this or any other state of the United States or any 292 province of Canada, or to any other coverage the inclusion of which may be approved by the 293 director of the department of insurance, financial institutions and professional registration or any 294 combination of such coverages. In the absence of such definition such term shall not include any 295 coverage provided for such insured pursuant to any compulsory benefit statute (including any 296 workers' compensation or employer's liability statute), or benefits provided by union welfare 297 plans or by employer or employee benefit organizations). 298 (7) A provision as follows: 299 "UNPAID PREMIUM: 300 Upon the payment of a claim under this policy, any premium then due and unpaid or 301 covered by any note or written order may be deducted therefrom". 302 (8) A provision as follows: 303 "CANCELLATION: 304 The insurer may cancel this policy at any time by written notice delivered to the insured, 305 or mailed to his last address as shown by the records of the insurer, stating when, not less than 306 five days thereafter, such cancellation shall be effective; and after the policy has been continued 307 beyond its original term the insured may cancel this policy at any time by written notice delivered 308 or mailed to the insurer, effective upon receipt or on such later date as may be specified in such 309 notice. In the event of cancellation, the insurer will return promptly the unearned portion of any 310 premium paid. If the insured cancels, the earned premium shall be computed by the use of the 311 short-rate table last filed with the state official having supervision of insurance in the state where 312 the insured resided when the policy was issued. If the insurer cancels, the earned premium shall 313 be computed pro rata. Cancellation shall be without prejudice to any claim originating prior to 314 the effective date of cancellation". 315 (9) A provision as follows: 316 "CONFORMITY WITH STATE STATUTES: 317 Any provision of this policy which, on its effective date, is in conflict with the statutes 318 of the state in which the insured resides on such date is hereby amended to conform to the 319 minimum requirements of such statutes". HB 1434 235 320 (10) A provision as follows: 321 "ILLEGAL OCCUPATION: 322 The insurer shall not be liable for any loss to which a contributing cause was the insured's 323 commission of or attempt to commit a felony or to which a contributing cause was the insured's 324 being engaged in an illegal occupation". 325 (11) A provision as follows: 326 "INTOXICANTS AND NARCOTICS: 327 The insurer shall not be liable for any loss sustained or contracted in consequence of the 328 insured's being intoxicated or under the influence of any narcotic unless administered on the 329 advice of a physician". 330 3. Inapplicable or inconsistent provisions. If any provision of this section is in whole 331 or in part inapplicable to or inconsistent with the coverage provided by a particular form of 332 policy the insurer, with the approval of the director of the department of insurance, financial 333 institutions and professional registration, shall omit from such policy an inapplicable provision 334 or part of a provision, and shall modify any inconsistent provision or part of the provision, in 335 such manner as to make the provision as contained in the policy consistent with the coverage 336 provided by the policy. 337 4. Order of certain policy provisions. The provisions which are the subject of 338 subsections 1 and 2 of this section, or any corresponding provisions which are used in lieu 339 thereof in accordance with such subsections, shall be printed in the consecutive order of the 340 provisions in such subsections or, at the option of the insurer, any such provision may appear as 341 a unit in any part of the policy, with other provisions to which it may be logically related, 342 provided the resulting policy shall not be in whole or in part unintelligible, uncertain, ambiguous, 343 abstruse, or likely to mislead a person to whom the policy is offered, delivered or issued. 344 5. Third party ownership. The word "insured" as used in sections 376.770 to 376.800, 345 shall not be construed as preventing a person other than the insured with a proper insurable 346 interest from making application for and owning a policy covering the insured or from being 347 entitled under such a policy to any indemnities, benefits and rights provided therein. 348 6. Requirements of other jurisdictions. 349 (1) Any policy of a foreign or alien insurer, when delivered or issued for delivery to any 350 person in this state, may contain any provision which is not less favorable to the insured or the 351 beneficiary than the provisions of sections 376.770 to 376.800 and which is prescribed or 352 required by the law of the state under which the insurer is organized. 353 (2) Any policy of a domestic insurer may, when issued for delivery in any other state or 354 country, contain any provision permitted or required by the laws of such other state or country. 355 7. Approval of policies. HB 1434 236 356 (1) No policy subject to sections 376.770 to 376.800 shall be delivered or issued for 357 delivery to any person in this state unless such policy, including any rider, endorsement or other 358 provisions, supplementary thereto, shall have been approved by the director of the department 359 of insurance, financial institutions and professional registration. 360 (2) The director of the department of insurance, financial institutions and professional 361 registration shall have authority to make such reasonable rules and regulations concerning the 362 filing and submission of policies as are necessary, proper or advisable. Such rules and 363 regulations shall provide, among other things, that if a policy form is disapproved, all specific 364 reasons for nonconformance shall be stated in writing within forty-five days from the date of 365 filing; that a hearing shall be granted upon such disapproval, if so requested; and that the failure 366 of the director of the department of insurance, financial institutions and professional registration, 367 to take action approving or disapproving a submitted policy form within forty-five days from the 368 date of filing, shall be deemed an approval thereof. If at any time after a policy form is approved 369 or deemed approved, the director determines that any provision of the filing is contrary to state 370 law, the director shall notify the health carrier of the specific provisions that are contrary to state 371 law and any specific statute or regulation to which the provision is contrary, and request that the 372 health carrier file within thirty days of the notification an amendment form that modifies the 373 provision to conform to state law. Upon approval of the amendment form by the director, the 374 health carrier shall issue a copy of the amendment to each individual and entity to which the 375 filing has been issued. Such amendment shall have the force and effect as if the amendment was 376 in the original filing or policy. 377 (3) The director of the department of insurance, financial institutions and professional 378 registration shall approve only those policies which are in compliance with the insurance laws 379 of this state and which contain such words, phraseology, conditions and provisions which are 380 specific, certain and unambiguous and reasonably adequate to meet needed requirements for the 381 protection of those insured. The disapproval of any policy form shall be based upon the 382 requirements of the laws of this state or of any regulation lawfully promulgated thereunder. 383 (4) The director of the department of insurance, financial institutions and professional 384 registration may, by order or bulletin, exempt from the approval requirements of this section for 385 so long as he deems proper any insurance policy, document, or form or type thereof, as specified 386 in such order or bulletin, to which, in his opinion, this section may not practicably be applied, 387 or the approval of which is, in his opinion, not desirable or necessary for the protection of the 388 public. 389 (5) Notwithstanding any other provision of law to the contrary, a health carrier, as 390 defined in section 376.1350, may offer a health benefit plan that is a managed care plan that 391 requires all health care services to be delivered by a participating provider in the health carrier's HB 1434 237 392 network, except for emergency services, as defined in section 376.1350, and the services 393 described in subsection 4 of section 376.811. Such a provision shall be disclosed in the policy 394 form. 376.806. 1. As used in this section, the following terms mean: 2 (1) "Health insurance contract", any one of the following when providing coverage to 3 a resident of this state: 4 (a) Individual insurance policies providing coverage on an expense incurred basis; 5 (b) Individual indemnity type contracts issued by a health services corporation; 6 (c) Any individual contract issued by a health maintenance organization; 7 (d) Any self-insured health benefit plan, except to the extent preempted by federal law; 8 (e) Group health insurance in which the insured pays the full premium directly to the 9 insurer, health services corporation or health maintenance corporation; 10 (2) "Health insurer", any entity issuing a health insurance contract. 11 2. A health insurer shall refund promptly any premium which it did not earn, upon 12 notification of the death of any person covered under the health insurer's health insurance 13 contract. The health insurer shall earn only that part of the premiums paid on behalf of the 14 decedent which the period of coverage during which the decedent was alive bears to the whole 15 period for which premiums were paid. 16 3. The refund of premiums shall be made directly to: 17 (1) The decedent's spouse at the time of the decedent's death; 18 (2) The primary insured person under the health insurance contract, if the decedent was 19 not [married] a party to a contract of domestic union at the time of death and was covered 20 under the health insurance contract as a dependent; 21 (3) The decedent's estate, if neither subdivision (1) nor (2) of this subsection is 22 applicable. 23 4. This section does not apply if the notification of the death of an insured person is 24 given to the health insurer more than one year after the death of the decedent. 376.820. No individual or group insurance policy providing coverage on an 2 expense-incurred basis, no individual or group service or indemnity contract issued by a 3 not-for-profit health services corporation, no health maintenance organization nor any 4 self-insured group health benefit plan of any type or description shall be offered, issued or 5 renewed in this state on or after July 1, 1994, by an insurer, including a group health plan, as 6 defined in section 607(1) of the federal Employee Retirement Income Security Act of 1974, that 7 denies enrollment of a child under the health coverage of the child's parent on the grounds that: 8 (1) The child was born out of [wedlock] a contract of domestic union; or 9 (2) The child is not claimed as a dependent on the parent's federal income tax return; or HB 1434 238 10 (3) The child does not reside with the parent or in the insurer's service area. 376.892. 1. Any policy, contract or plan offered, issued or renewed in this state after 2 August 28, 1993, providing coverage for hospital or medical expenses, other than coverage 3 limited to expenses from accidents or specific diseases, shall contain a provision that: 4 (1) The surviving spouse of a certificate holder may continue coverage under the policy, 5 contract or plan, at the death of the certificate holder, with respect to the spouse and any 6 dependent children whose coverage under the policy, contract or plan, otherwise would terminate 7 because of the death of the certificate holder if the surviving spouse is fifty-five years of age or 8 older at the time of the expiration of coverage provided by the federal Consolidated Omnibus 9 Budget Reconciliation Act (COBRA); and 10 (2) The divorced or legally separated spouse of a certificate holder may continue 11 coverage under the policy, contract or plan, upon dissolution of [marriage with] a contract of 12 domestic union, or legal separation from, the certificate holder, with respect to the divorced or 13 legally separated spouse and any dependent children whose coverage under the policy, contract 14 or plan, otherwise would terminate because of the dissolution of [marriage] a contract of 15 domestic union, or legal separation, if the divorced or legally separated spouse is fifty-five years 16 of age or older at the time of the expiration of coverage provided by the federal Consolidated 17 Omnibus Budget Reconciliation Act (COBRA). 18 2. Continued coverage for dental, vision care or prescription drug expenses shall be 19 offered to legally separated, divorced or surviving spouses and any dependent children eligible 20 under subsection 1 of this section if such coverage is or was available to the certificate holder. 376.893. 1. Within sixty days of legal separation or the entry of a decree of dissolution 2 [of marriage] of a contract of domestic union or prior to the expiration of a thirty-six month 3 federal Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation period 4 covering a legally separated or divorced spouse, if such spouse has elected and maintained such 5 COBRA coverage, a legally separated or divorced spouse eligible for continued coverage under 6 section 376.892 who seeks such coverage shall give the plan administrator written notice of the 7 legal separation or dissolution. The notice shall include the mailing address of the legally 8 separated or divorced spouse. 9 2. Within thirty days of the death of a certificate holder whose surviving spouse is 10 eligible for continued coverage under section 376.892 or prior to the expiration of a thirty-six 11 month federal Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation period 12 covering such surviving spouse, if such spouse has elected and maintained such COBRA 13 coverage, the group policyholder shall give the plan administrator written notice of the death and 14 of the mailing address of the surviving spouse. HB 1434 239 15 3. Within fourteen days of receipt of notice under subsection 1 or 2 of this section, the 16 plan administrator shall notify the legally separated, divorced or surviving spouse that the policy 17 may be continued. The notice shall be mailed to the mailing address provided to the plan 18 administrator and shall include: 19 (1) A form for election to continue the coverage; 20 (2) A statement of the amount of periodic premiums to be charged for the continuation 21 of coverage and of the method and place of payment; and 22 (3) Instructions for returning the election form by mail within sixty days after the date 23 of mailing of the notice by the plan administrator. 24 4. Failure of the legally separated, divorced or surviving spouse to exercise the election 25 in accordance with subsection 3 of this section shall terminate the right to continuation of 26 benefits. 27 5. If a plan administrator was properly notified pursuant to the provisions of subsection 28 1 or 2 of this section and fails to notify the legally separated, divorced or surviving spouse as 29 required by subsection 3 of this section, such spouse's coverage shall continue in effect, and such 30 spouse's obligation to make any premium payment for continuation coverage under sections 31 376.891 to 376.894 shall be postponed for the period of time beginning on the date the spouse's 32 coverage would otherwise terminate and ending thirty-one days after the date the plan 33 administrator provides the required notice. Failure or delay by a plan administrator in providing 34 the notice required by this section shall not reduce, eliminate or postpone the plan sponsor's 35 obligation to pay premiums on behalf of such legally separated, divorced or surviving spouse to 36 the plan administrator during such period. 37 6. The provisions of sections 376.891 to 376.894 apply only to employers with twenty 38 or more employees and any policy, contract or plan with twenty or more certificate holders. 376.894. If a legally separated, divorced or surviving spouse elects continuation of 2 coverage under section 376.893: 3 (1) During the period of time covered by the federal Consolidated Omnibus Budget 4 Reconciliation Act (COBRA), the monthly contribution for the premium shall not be greater than 5 the amount that would be charged if the legally separated, divorced or surviving spouse were a 6 current certificate holder of the group contract, policy or plan plus the amount that the group 7 policyholder would contribute toward the premium if the legally separated, divorced or surviving 8 spouse were a certificate holder of the group plan, plus an additional amount not to exceed two 9 percent of the certificate holder and group plan holder contributions, for the cost of 10 administration. Once the period of time covered by the insurance premium provisions of the 11 federal Consolidated Omnibus Budget Reconciliation Act (COBRA) has expired, the monthly 12 contribution for the premium shall not be greater than the amount that would have been charged HB 1434 240 13 if the legally separated, divorced or surviving spouse were a current certificate holder of the 14 group contract, policy or plan plus the amount that the group policyholder would contribute 15 toward the premium if the legally separated, divorced or surviving spouse were a certificate 16 holder plus an amount not to exceed twenty-five percent of the certificate holder and group plan 17 holder contributions. Such additional contributions shall be determined by each individual plan 18 administrator and shall be subject to review by the Missouri department of insurance, financial 19 institutions and professional registration; 20 (2) The first premium shall be paid by the legally separated, divorced or surviving spouse 21 within forty-five days of the date of the election; 22 (3) The right to continuation of coverage shall terminate upon the earliest of any of the 23 following: 24 (a) The failure to pay premiums when due, including any grace period allowed by the 25 policy; 26 (b) The date that the group policy is terminated as to all group members except that if 27 a different group policy is made available to group members, the legally separated, divorced or 28 surviving spouse shall be eligible for continuation of coverage as if the original policy had not 29 been terminated; 30 (c) The date on which the legally separated, divorced or surviving spouse becomes 31 insured under any other group health plan; 32 (d) The date on which the legally separated, divorced or surviving spouse [remarries] 33 becomes a party to a new contract of domestic union and becomes insured under another 34 group health plan; or 35 (e) The date on which the legally separated, divorced or surviving spouse attains his 36 sixty-fifth birthday. 376.920. The annual statement shall be in such form as the department shall elect. The 2 proposed provider shall include as an exhibit a copy of the proposed form of life care contract 3 to be entered into with residents at each facility. The annual statement shall contain the 4 following information: 5 (1) The name and business address of applicant; 6 (2) The name, address and a description of the physical property of the facility; 7 (3) The terms and conditions of the life care contracts to be used by the applicant, 8 including the services to be provided to residents pursuant to the contract and the fees or charges 9 to be paid by residents, including the method of payment of such fees or charges. The 10 description of terms and conditions shall include: 11 (a) A statement of the fees that will be charged if the resident [marries] becomes a party 12 to a contract of domestic union while at the facility, and a statement of the terms concerning HB 1434 241 13 the entry of a spouse to the facility and the consequences if the spouse does not meet the 14 requirements for entry; 15 (b) The circumstances under which the resident will be permitted to remain in the facility 16 in the event of possible financial difficulties of the resident; 17 (c) The terms and conditions under which a contract for continuing care at the facility 18 may be cancelled by the provider or by the resident; and the conditions, if any, under which all 19 or any portion of the entrance fee will be refunded in the event of cancellation of the contract by 20 the provider or by the resident or in the event of the death of the resident prior to or following 21 occupancy of a living unit; 22 (d) The conditions under which a living unit occupied by a resident may be made 23 available by the facility to a different or new resident other than on the death of the original 24 resident; 25 (4) If the applicant is other than an individual, such as a corporation, partnership, or trust, 26 a statement naming the type of legal entity and listing the interest and extent of such interest of 27 each principal in the entity. For the purposes of this section, "principal" means any person or 28 entity having a ten percent or more financial interest or, if the legal entity is a trust, each 29 beneficiary of the trust holding a ten percent or more beneficial interest; 30 (5) If the applicant is other than an individual, the names of the members of the board 31 of directors, the trustees, or the managing partners; 32 (6) The estimated number of residents of the facility to be provided services by the 33 applicant pursuant to the life care contracts; 34 (7) A statement of the provisions that have been made or will be made to provide reserve 35 funding or security by the provider to enable the provider to fully perform his obligations 36 pursuant to life care contracts, including, but not limited to, the establishment of escrow 37 accounts, accounts in financial institutions, trusts, or reserve funds; 38 (8) A statement as to whether the applicant was or is affiliated with a religious, 39 charitable, or other nonprofit organization, the extent of any affiliation and the extent to which 40 the affiliate organization will be responsible for the financial and contract obligations of the 41 applicant; 42 (9) If the applicant is a subsidiary corporation or the affiliate of another corporation, a 43 statement identifying the parent corporation or the other affiliate corporation and the primary 44 activities of such parent or other affiliate corporation; 45 (10) A description of the business experience of the applicant in the operation of similar 46 facilities and, if the facility will be managed on a day-to-day basis by a corporation or 47 organization other than the applicant, a description of the business experience of the manager in 48 the operation or management of similar facilities. The description shall include the name and HB 1434 242 49 address of any professional service, firm, association, trust, partnership, or corporation in which 50 such manager has, or which has in such manager, a ten percent or greater interest and which it 51 is presently intended will or may provide goods, leases, or services to the facility of a value of 52 five hundred dollars within any year, including a description of the goods, leases or services and 53 the probable or anticipated cost thereof to the facility or provider or a statement that such cost 54 cannot presently be estimated; 55 (11) A statement as to whether the applicant, a principal, a parent or subsidiary 56 corporation, or an affiliate has had any injunctive or restrictive order of a court of record, or any 57 suspension or revocation of any state or federal license or permit, arising out of or relating to 58 business activity or health care applied against it, including without limitation actions affecting 59 a license to operate a foster care facility, a health care institution, retirement home, or a home for 60 the aged; 61 (12) A statement of any periodic rates to be initially paid by residents, the method by 62 which such rates are determined and the manner by which the provider may adjust such rates in 63 the future. If the facility is already in operation, or if the provider operates one or more similar 64 facilities within this state, the statement shall include tables showing the frequency and average 65 dollar amount of each increase in periodic rates at each such facility for the previous five years 66 or such shorter period as the facility may have been operated by the provider; 67 (13) A statement of the terms and conditions under which a life care contract may be 68 cancelled by the provider or resident, including any health and financial conditions required for 69 a person to continue as a resident and any conditions under which all or any portion of the 70 entrance fee will be refunded by the provider; 71 (14) If construction or purchase of the facility has not yet been completed, a statement 72 of the anticipated source and application of the funds to be used in such purchase or construction, 73 including all of the following: 74 (a) An estimate of the cost of purchasing or constructing and equipping the facility 75 including such related costs as financing expense, legal expense, land costs, occupancy 76 development costs, and all other similar costs which the provider expects to incur or become 77 obligated for prior to the commencement of operations; 78 (b) An estimate of the total entrance fees to be received from residents upon completion 79 of occupancy; 80 (c) A description of any mortgage loan or other long-term financing intended to be used 81 for the financing of the facility, including the anticipated terms and costs of such financing; 82 (d) An estimate of any funds which are anticipated to be necessary to fund start-up losses 83 and to assure full performance of the obligations of the provider pursuant to life care contracts HB 1434 243 84 including, but not limited to, any reserve fund escrow required by the division pursuant to section 85 376.940; 86 (15) Financial statements of the applicant as of a date not more than ninety days prior 87 to the date the annual statement is filed, which shall include a balance sheet and income 88 statements for the three most recent fiscal years of the applicant or such shorter period of time 89 as the applicant shall have been in existence. If applicant's fiscal year ended more than ninety 90 days prior to the date of filing there shall also be included an income statement, which need not 91 be certified, covering the period between the date such fiscal year ended and a date not more than 92 ninety days prior to the date the application is filed. 376.960. As used in sections 376.960 to 376.989, the following terms mean: 2 (1) "Benefit plan", the coverages to be offered by the pool to eligible persons pursuant 3 to the provisions of section 376.986; 4 (2) "Board", the board of directors of the pool; 5 (3) "Church plan", a plan as defined in Section 3(33) of the Employee Retirement 6 Income Security Act of 1974, as amended; 7 (4) "Creditable coverage", with respect to an individual: 8 (a) Coverage of the individual provided under any of the following: 9 a. A group health plan; 10 b. Health insurance coverage; 11 c. Part A or Part B of Title XVIII of the Social Security Act; 12 d. Title XIX of the Social Security Act, other than coverage consisting solely of benefits 13 under Section 1928; 14 e. Chapter 55 of Title 10, United States Code; 15 f. A medical care program of the Indian Health Service or of a tribal organization; 16 g. A state health benefits risk pool; 17 h. A health plan offered under Chapter 89 of Title 5, United States Code; 18 i. A public health plan as defined in federal regulations; or 19 j. A health benefit plan under Section 5(e) of the Peace Corps Act, 22 U.S.C. 2504(e); 20 (b) Creditable coverage does not include coverage consisting solely of excepted benefits; 21 (5) "Department", the Missouri department of insurance, financial institutions and 22 professional registration; 23 (6) "Dependent", a resident spouse or resident [unmarried] child who is not a party to 24 a contract of domestic union under the age of nineteen years, a child who is a student under the 25 age of twenty-five years and who is financially dependent upon the parent, or a child of any age 26 who is disabled and dependent upon the parent; HB 1434 244 27 (7) "Director", the director of the Missouri department of insurance, financial institutions 28 and professional registration; 29 (8) "Excepted benefits": 30 (a) Coverage only for accident, including accidental death and dismemberment, 31 insurance; 32 (b) Coverage only for disability income insurance; 33 (c) Coverage issued as a supplement to liability insurance; 34 (d) Liability insurance, including general liability insurance and automobile liability 35 insurance; 36 (e) Workers' compensation or similar insurance; 37 (f) Automobile medical payment insurance; 38 (g) Credit-only insurance; 39 (h) Coverage for on-site medical clinics; 40 (i) Other similar insurance coverage, as approved by the director, under which benefits 41 for medical care are secondary or incidental to other insurance benefits; 42 (j) If provided under a separate policy, certificate or contract of insurance, any of the 43 following: 44 a. Limited scope dental or vision benefits; 45 b. Benefits for long-term care, nursing home care, home health care, community-based 46 care, or any combination thereof; 47 c. Other similar, limited benefits as specified by the director; 48 (k) If provided under a separate policy, certificate or contract of insurance, any of the 49 following: 50 a. Coverage only for a specified disease or illness; 51 b. Hospital indemnity or other fixed indemnity insurance; 52 (l) If offered as a separate policy, certificate or contract of insurance, any of the 53 following: 54 a. Medicare supplemental coverage (as defined under Section 1882(g)(1) of the Social 55 Security Act); 56 b. Coverage supplemental to the coverage provided under Chapter 55 of Title 10, United 57 States Code; 58 c. Similar supplemental coverage provided to coverage under a group health plan; 59 (9) "Federally defined eligible individual", an individual: 60 (a) For whom, as of the date on which the individual seeks coverage through the pool, 61 the aggregate of the periods of creditable coverage as defined in this section is eighteen or more 62 months and whose most recent prior creditable coverage was under a group health plan, HB 1434 245 63 governmental plan, church plan, or health insurance coverage offered in connection with any 64 such plan; 65 (b) Who is not eligible for coverage under a group health plan, Part A or Part B of Title 66 XVIII of the Social Security Act, or state plan under Title XIX of such act or any successor 67 program, and who does not have other health insurance coverage; 68 (c) With respect to whom the most recent coverage within the period of aggregate 69 creditable coverage was not terminated because of nonpayment of premiums or fraud; 70 (d) Who, if offered the option of continuation coverage under COBRA continuation 71 provision or under a similar state program, both elected and exhausted the continuation coverage; 72 (10) "Governmental plan", a plan as defined in Section 3(32) of the Employee 73 Retirement Income Security Act of 1974 and any federal governmental plan; 74 (11) "Group health plan", an employee welfare benefit plan as defined in Section 3(1) 75 of the Employee Retirement Income Security Act of 1974 and Public Law 104-191 to the extent 76 that the plan provides medical care and including items and services paid for as medical care to 77 employees or their dependents as defined under the terms of the plan directly or through 78 insurance, reimbursement or otherwise, but not including excepted benefits; 79 (12) "Health insurance", any hospital and medical expense incurred policy, nonprofit 80 health care service for benefits other than through an insurer, nonprofit health care service plan 81 contract, health maintenance organization subscriber contract, preferred provider arrangement 82 or contract, or any other similar contract or agreement for the provisions of health care benefits. 83 The term "health insurance" does not include accident, fixed indemnity, limited benefit or credit 84 insurance, coverage issued as a supplement to liability insurance, insurance arising out of a 85 workers' compensation or similar law, automobile medical-payment insurance, or insurance 86 under which benefits are payable with or without regard to fault and which is statutorily required 87 to be contained in any liability insurance policy or equivalent self-insurance; 88 (13) "Health maintenance organization", any person which undertakes to provide or 89 arrange for basic and supplemental health care services to enrollees on a prepaid basis, or which 90 meets the requirements of section 1301 of the United States Public Health Service Act; 91 (14) "Hospital", a place devoted primarily to the maintenance and operation of facilities 92 for the diagnosis, treatment or care for not less than twenty-four hours in any week of three or 93 more nonrelated individuals suffering from illness, disease, injury, deformity or other abnormal 94 physical condition; or a place devoted primarily to provide medical or nursing care for three or 95 more nonrelated individuals for not less than twenty-four hours in any week. The term "hospital" 96 does not include convalescent, nursing, shelter or boarding homes, as defined in chapter 198; 97 (15) "Insurance arrangement", any plan, program, contract or other arrangement under 98 which one or more employers, unions or other organizations provide to their employees or HB 1434 246 99 members, either directly or indirectly through a trust or third party administration, health care 100 services or benefits other than through an insurer; 101 (16) "Insured", any individual resident of this state who is eligible to receive benefits 102 from any insurer or insurance arrangement, as defined in this section; 103 (17) "Insurer", any insurance company authorized to transact health insurance business 104 in this state, any nonprofit health care service plan act, or any health maintenance organization; 105 (18) "Medical care", amounts paid for: 106 (a) The diagnosis, care, mitigation, treatment, or prevention of disease, or amounts paid 107 for the purpose of affecting any structure or function of the body; 108 (b) Transportation primarily for and essential to medical care referred to in paragraph 109 (a) of this subdivision; and 110 (c) Insurance covering medical care referred to in paragraphs (a) and (b) of this 111 subdivision; 112 (19) "Medicare", coverage under both part A and part B of Title XVIII of the Social 113 Security Act, 42 U.S.C. 1395 et seq., as amended; 114 (20) "Member", all insurers and insurance arrangements participating in the pool; 115 (21) "Physician", physicians and surgeons licensed under chapter 334 or by state board 116 of healing arts in the state of Missouri; 117 (22) "Plan of operation", the plan of operation of the pool, including articles, bylaws and 118 operating rules, adopted by the board pursuant to the provisions of sections 376.961, 376.962 and 119 376.964; 120 (23) "Pool", the state health insurance pool created in sections 376.961, 376.962 and 121 376.964; 122 (24) "Resident", an individual who has been legally domiciled in this state for a period 123 of at least thirty days, except that for a federally defined eligible individual, there shall not be a 124 thirty-day requirement; 125 (25) "Significant break in coverage", a period of sixty-three consecutive days during all 126 of which the individual does not have any creditable coverage, except that neither a waiting 127 period nor an affiliation period is taken into account in determining a significant break in 128 coverage; 129 (26) "Trade act eligible individual", an individual who is eligible for the federal health 130 coverage tax credit under the Trade Act of 2002, Public Law 107-210. 379.930. 1. Sections 379.930 to 379.952 shall be known and may be cited as the "Small 2 Employer Health Insurance Availability Act". 3 2. For the purposes of sections 379.930 to 379.952, the following terms shall mean: HB 1434 247 4 (1) "Actuarial certification", a written statement by a member of the American Academy 5 of Actuaries or other individual acceptable to the director that a small employer carrier is in 6 compliance with the provisions of section 379.936, based upon the person's examination, 7 including a review of the appropriate records and of the actuarial assumptions and methods used 8 by the small employer carrier in establishing premium rates for applicable health benefit plans; 9 (2) "Affiliate" or "affiliated", any entity or person who directly or indirectly through one 10 or more intermediaries, controls or is controlled by, or is under common control with, a specified 11 entity or person; 12 (3) "Base premium rate", for each class of business as to a rating period, the lowest 13 premium rate charged or that could have been charged under the rating system for that class of 14 business, by the small employer carrier to small employers with similar case characteristics for 15 health benefit plans with the same or similar coverage; 16 (4) "Board" means the board of directors of the program established pursuant to sections 17 379.942 and 379.943; 18 (5) "Bona fide association", an association which: 19 (a) Has been actively in existence for at least five years; 20 (b) Has been formed and maintained in good faith for purposes other than obtaining 21 insurance; 22 (c) Does not condition membership in the association on any health status-related factor 23 relating to an individual (including an employee of an employer or a dependent of an employee); 24 (d) Makes health insurance coverage offered through the association available to all 25 members regardless of any health status-related factor relating to such members (or individuals 26 eligible for coverage through a member); 27 (e) Does not make health insurance coverage offered through the association available 28 other than in connection with a member of the association; and 29 (f) Meets all other requirements for an association set forth in subdivision (5) of 30 subsection 1 of section 376.421 that are not inconsistent with this subdivision; 31 (6) "Carrier" or "health insurance issuer", any entity that provides health insurance or 32 health benefits in this state. For the purposes of sections 379.930 to 379.952, carrier includes 33 an insurance company, health services corporation, fraternal benefit society, health maintenance 34 organization, multiple employer welfare arrangement specifically authorized to operate in the 35 state of Missouri, or any other entity providing a plan of health insurance or health benefits 36 subject to state insurance regulation; 37 (7) "Case characteristics", demographic or other objective characteristics of a small 38 employer that are considered by the small employer carrier in the determination of premium rates HB 1434 248 39 for the small employer, provided that claim experience, health status and duration of coverage 40 since issue shall not be case characteristics for the purposes of sections 379.930 to 379.952; 41 (8) "Church plan", the meaning given such term in Section 3(33) of the Employee 42 Retirement Income Security Act of 1974; 43 (9) "Class of business", all or a separate grouping of small employers established 44 pursuant to section 379.934; 45 (10) "Committee", the health benefit plan committee created pursuant to section 46 379.944; 47 (11) "Control" shall be defined in manner consistent with chapter 382; 48 (12) "Creditable coverage", with respect to an individual: 49 (a) Coverage of the individual under any of the following: 50 a. A group health plan; 51 b. Health insurance coverage; 52 c. Part A or Part B of Title XVIII of the Social Security Act; 53 d. Title XIX of the Social Security Act, other than coverage consisting solely of benefits 54 under Section 1928 of such act; 55 e. Chapter 55 of Title 10, United States Code; 56 f. A medical care program of the Indian Health Service or of a tribal organization; 57 g. A state health benefits risk pool; 58 h. A health plan offered under Chapter 89 of Title 5, United States Code; 59 i. A public health plan, as defined in federal regulations authorized by Section 60 2701(c)(1)(I) of the Public Health Services Act, as amended by Public Law 104-191; and 61 j. A health benefit plan under Section 5(e) of the Peace Corps Act (22 U.S.C. 2504(e)); 62 (b) Creditable coverage shall not include coverage consisting solely of excepted benefits; 63 (13) "Dependent", a spouse or [an unmarried] a child who is not a party to a contract 64 of domestic union under the age of nineteen years; [an unmarried] a child who is not a party 65 to a contract of domestic union who is a full-time student under the age of twenty-three years 66 and who is financially dependent upon the parent; or [an unmarried] a child of any age who is 67 medically certified as disabled and dependent upon the parent; 68 (14) "Director", the director of the department of insurance, financial institutions and 69 professional registration of this state; 70 (15) "Eligible employee", an employee who works on a full-time basis and has a normal 71 work week of thirty or more hours. The term includes a sole proprietor, a partner of a 72 partnership, and an independent contractor, if the sole proprietor, partner or independent 73 contractor is included as an employee under a health benefit plan of a small employer, but does 74 not include an employee who works on a part-time, temporary or substitute basis. For purposes HB 1434 249 75 of sections 379.930 to 379.952, a person, his spouse and his minor children shall constitute only 76 one eligible employee when they are employed by the same small employer; 77 (16) "Established geographic service area", a geographical area, as approved by the 78 director and based on the carrier's certificate of authority to transact insurance in this state, within 79 which the carrier is authorized to provide coverage; 80 (17) "Excepted benefits": 81 (a) Coverage only for accident (including accidental death and dismemberment) 82 insurance; 83 (b) Coverage only for disability income insurance; 84 (c) Coverage issued as a supplement to liability insurance; 85 (d) Liability insurance, including general liability insurance and automobile liability 86 insurance; 87 (e) Workers' compensation or similar insurance; 88 (f) Automobile medical payment insurance; 89 (g) Credit-only insurance; 90 (h) Coverage for on-site medical clinics; 91 (i) Other similar insurance coverage, as approved by the director, under which benefits 92 for medical care are secondary or incidental to other insurance benefits; 93 (j) If provided under a separate policy, certificate or contract of insurance, any of the 94 following: 95 a. Limited scope dental or vision benefits; 96 b. Benefits for long-term care, nursing home care, home health care, community-based 97 care, or any combination thereof; 98 c. Other similar, limited benefits as specified by the director. 99 (k) If provided under a separate policy, certificate or contract of insurance, any of the 100 following: 101 a. Coverage only for a specified disease or illness; 102 b. Hospital indemnity or other fixed indemnity insurance. 103 (l) If offered as a separate policy, certificate or contract of insurance, any of the 104 following: 105 a. Medicare supplemental coverage (as defined under Section 1882(g)(1) of the Social 106 Security Act); 107 b. Coverage supplemental to the coverage provided under Chapter 55 of Title 10, United 108 States Code; 109 c. Similar supplemental coverage provided to coverage under a group health plan; HB 1434 250 110 (18) "Governmental plan", the meaning given such term under Section 3(32) of the 111 Employee Retirement Income Security Act of 1974 or any federal government plan; 112 (19) "Group health plan", an employee welfare benefit plan as defined in Section 3(1) 113 of the Employee Retirement Income Security Act of 1974 and Public Law 104-191 to the extent 114 that the plan provides medical care, as defined in this section, and including any item or service 115 paid for as medical care to an employee or the employee's dependent, as defined under the terms 116 of the plan, directly or through insurance, reimbursement or otherwise, but not including 117 excepted benefits; 118 (20) "Health benefit plan" or "health insurance coverage", benefits consisting of medical 119 care, including items and services paid for as medical care, that are provided directly, through 120 insurance, reimbursement, or otherwise, under a policy, certificate, membership contract, or 121 health services agreement offered by a health insurance issuer, but not including excepted 122 benefits or a policy that is individually underwritten; 123 (21) "Health status-related factor", any of the following: 124 (a) Health status; 125 (b) Medical condition, including both physical and mental illnesses; 126 (c) Claims experience; 127 (d) Receipt of health care; 128 (e) Medical history; 129 (f) Genetic information; 130 (g) Evidence of insurability, including a condition arising out of an act of domestic 131 violence; 132 (h) Disability; 133 (22) "Index rate", for each class of business as to a rating period for small employers 134 with similar case characteristics, the arithmetic mean of the applicable base premium rate and 135 the corresponding highest premium rate; 136 (23) "Late enrollee", an eligible employee or dependent who requests enrollment in a 137 health benefit plan of a small employer following the initial enrollment period for which such 138 individual is entitled to enroll under the terms of the health benefit plan, provided that such 139 initial enrollment period is a period of at least thirty days. However, an eligible employee or 140 dependent shall not be considered a late enrollee if: 141 (a) The individual meets each of the following: 142 a. The individual was covered under creditable coverage at the time of the initial 143 enrollment; 144 b. The individual lost coverage under creditable coverage as a result of cessation of 145 employer contribution, termination of employment or eligibility, reduction in the number of HB 1434 251 146 hours of employment, the involuntary termination of the creditable coverage, death of a spouse, 147 dissolution or legal separation; 148 c. The individual requests enrollment within thirty days after termination of the 149 creditable coverage; 150 (b) The individual is employed by an employer that offers multiple health benefit plans 151 and the individual elects a different plan during an open enrollment period; or 152 (c) A court has ordered coverage be provided for a spouse or minor or dependent child 153 under a covered employee's health benefit plan and request for enrollment is made within thirty 154 days after issuance of the court order; 155 (24) "Medical care", an amount paid for: 156 (a) The diagnosis, care, mitigation, treatment or prevention of disease, or for the purpose 157 of affecting any structure or function of the body; 158 (b) Transportation primarily for and essential to medical care referred to in paragraph 159 (a) of this subdivision; or 160 (c) Insurance covering medical care referred to in paragraphs (a) and (b) of this 161 subdivision; 162 (25) "Network plan", health insurance coverage offered by a health insurance issuer 163 under which the financing and delivery of medical care, including items and services paid for as 164 medical care, are provided, in whole or in part, through a defined set of providers under contract 165 with the issuer; 166 (26) "New business premium rate", for each class of business as to a rating period, the 167 lowest premium rate charged or offered, or which could have been charged or offered, by the 168 small employer carrier to small employers with similar case characteristics for newly issued 169 health benefit plans with the same or similar coverage; 170 (27) "Plan of operation", the plan of operation of the program established pursuant to 171 sections 379.942 and 379.943; 172 (28) "Plan sponsor", the meaning given such term under Section 3(16)(B) of the 173 Employee Retirement Income Security Act of 1974; 174 (29) "Premium", all moneys paid by a small employer and eligible employees as a 175 condition of receiving coverage from a small employer carrier, including any fees or other 176 contributions associated with the health benefit plan; 177 (30) "Producer", the meaning given such term in section 375.012 and includes an 178 insurance agent or broker; 179 (31) "Program", the Missouri small employer health reinsurance program created 180 pursuant to sections 379.942 and 379.943; HB 1434 252 181 (32) "Rating period", the calendar period for which premium rates established by a small 182 employer carrier are assumed to be in effect; 183 (33) "Restricted network provision", any provision of a health benefit plan that 184 conditions the payment of benefits, in whole or in part, on the use of health care providers that 185 have entered into a contractual arrangement with the carrier pursuant to section 354.400, et seq. 186 to provide health care services to covered individuals; 187 (34) "Small employer", in connection with a group health plan with respect to a calendar 188 year and a plan year, any person, firm, corporation, partnership, association, or political 189 subdivision that is actively engaged in business that employed an average of at least two but no 190 more than fifty eligible employees on business days during the preceding calendar year and that 191 employs at least two employees on the first day of the plan year. All persons treated as a single 192 employer under subsection (b), (c), (m) or (o) of Section 414 of the Internal Revenue Code of 193 1986 shall be treated as one employer. Subsequent to the issuance of a health plan to a small 194 employer and for the purpose of determining continued eligibility, the size of a small employer 195 shall be determined annually. Except as otherwise specifically provided, the provisions of 196 sections 379.930 to 379.952 that apply to a small employer shall continue to apply at least until 197 the plan anniversary following the date the small employer no longer meets the requirements of 198 this definition. In the case of an employer which was not in existence throughout the preceding 199 calendar year, the determination of whether the employer is a small or large employer shall be 200 based on the average number of employees that it is reasonably expected that the employer will 201 employ on business days in the current calendar year. Any reference in sections 379.930 to 202 379.952 to an employer shall include a reference to any predecessor of such employer; 203 (35) "Small employer carrier", a carrier that offers health benefit plans covering eligible 204 employees of one or more small employers in this state. 205 3. Other terms used in sections 379.930 to 379.952 not set forth in subsection 2 of this 206 section shall have the same meaning as defined in section 376.450. 404.051. 1. The custodian shall collect, hold, maintain, manage, invest and reinvest the 2 custodial property. The custodian may accept a transfer of additional property for the same 3 minor into the custodianship and may consolidate into a single custodianship custodial property 4 received for the same minor from multiple transfers or transferors. 5 2. The custodian may deliver, pay over to the minor for expenditure by the minor, or 6 expend for the minor's benefit, so much of the custodial property as the custodian determines 7 advisable for the use and benefit of the minor, without court order and without regard to the duty 8 or ability of the custodian in the custodian's individual capacity or of any other person to support 9 the minor, or any other income or property of the minor. HB 1434 253 10 3. Upon the petition of a parent, guardian or conservator of a minor, an adult member 11 of the minor's family, any person interested in the welfare of the minor, or of the minor if the 12 minor has attained the age of fourteen years, the court may order the custodian to expend or to 13 pay over to the minor or the minor's parent, guardian or conservator so much of the custodial 14 property as the court determines advisable for the use and benefit of the minor. 15 4. Any delivery, payment or expenditure pursuant to subsections 2 and 3 of this section 16 is in addition to, not in substitution for, and does not affect, the obligation of any person to 17 support the minor. 18 5. (1) To the extent that the custodial property has not been expended, the custodian 19 shall deliver the custodial property in an appropriate manner, free of the custodianship, as 20 follows: 21 (a) To the minor on attaining the age of twenty-one years, or on attaining the age of 22 eighteen years for custodial property created by a transfer of property from a person other than 23 a donor and the minor requests the property; or 24 (b) On the minor's death, to the minor's estate. 25 (2) If the custodian does not deliver the custodial property to the minor or the minor's 26 estate as prescribed in subdivision (1) of this subsection, the minor or the minor's personal 27 representative may petition the court to declare the custodianship terminated and to order 28 delivery of the custodial property to the minor or to the minor's estate free of the custodianship. 29 (3) To the extent the custodial property is real property, a conveyance and delivery of the 30 real property by the minor after attaining the age at which the minor is entitled to the property 31 free of the custodianship, or by the minor's heirs, or by the minor's personal representative, shall 32 terminate the custodian's powers, duties and rights with respect to the real property. 33 (4) If the minor is an incapacitated person at the time the minor would otherwise be 34 entitled to receive the custodial property free of the custodianship, the custodian shall deliver the 35 custodial property to the incapacitated person's conservator. If the incapacitated person has no 36 conservator, the custodian may transfer the custodial property to any adult person or financial 37 institution, including the custodian, as personal custodian for the incapacitated person under any 38 law providing for custodianship of property for incapacitated adult persons. 39 6. The custodian is under a duty to act in the interest of the minor and to avoid conflicts 40 of interest that impair the custodian's ability to so act. In dealing with the custodial property, the 41 custodian shall observe the degree of care that would be observed by a prudent person dealing 42 with the property and conducting the affairs of another, except that all investments made on or 43 after August 28, 1998, shall be in accordance with the provisions of the Missouri prudent 44 investor act, sections 469.900 to 469.913. The custodian is not limited by any other statute 45 restricting investments or expenditures by fiduciaries. If the custodian has special skills or is HB 1434 254 46 named custodian on the basis of representations of special skills or expertise, the custodian is 47 under a duty to use those skills. The custodian, in the custodian's discretion and without liability 48 to the minor or the minor's estate, may retain any custodial property received under sections 49 404.005 to 404.094, and may hold money or securities in the financial institution or brokerage 50 company to which the property was delivered by the transferor. 51 7. The custodian may invest in and pay premiums out of custodial property for life or 52 endowment insurance policies on the life of the minor or the life of another person in whom the 53 minor has an insurable interest, provided the insurance proceeds will be distributed on the death 54 of the insured life to the minor, the minor's estate or the custodian in the custodian's 55 representative capacity. 56 8. Subject to the degree of care prescribed in subsection 6 of this section, the custodian, 57 acting in the capacity of custodian for the benefit of the minor, has all rights, power and authority 58 over the custodial property that [unmarried,] nonincapacitated adult owners who are not parties 59 to a contract of domestic union have over their own property, except the power to make a gift 60 of the minor's property unless the gift to be made is approved by a court. 61 9. The custodian at all times shall keep custodial property separate and distinct from all 62 other property in a manner to identify it clearly as custodial property of the minor. Custodial 63 property consisting of an undivided interest in property is sufficiently separate and distinct if the 64 custodian's interest in the property is held as a tenant in common with the other owners of the 65 property and the minor's proportional interest in the property is fixed. Custodial property is 66 sufficiently so identified if it is held in the name of the custodian in the manner prescribed in 67 section 404.707. 68 10. The custodian may establish checking, savings or other similar accounts with 69 financial institutions and brokers whereby both the custodian and the minor may withdraw 70 money from the account or draw checks against the account. Money withdrawn from an account 71 or checks written against an account by the minor shall be treated as a delivery of custodial 72 property from the custodian to the minor. 73 11. Subject to the degree of care prescribed in subsection 6 of this section, the custodian, 74 acting in the capacity of custodian and for the benefit of the minor, may borrow money, lend 75 money, acquire by lease the use of property for the minor, lease custodial property and enter into 76 contracts under which the performance required by such agreements may extend beyond the date 77 the custodianship terminates. The custodian shall hold property that is borrowed or leased for 78 the minor as custodial property in the name of the custodian in the manner prescribed in section 79 404.047. 80 12. The custodian shall keep records of all transactions with respect to the custodial 81 property, including information necessary for preparation of the minor's tax returns, and make HB 1434 255 82 them available for inspection at reasonable intervals by a parent, the minor if the minor has 83 attained the age of fourteen years, an adult member of the minor's family if the minor has no 84 living parent, and a legal representative of the minor. 85 13. The minor's custodian may comply with an agreement with a transferor of property 86 to the minor, including an agreement respecting investment objectives, expenses, compensation, 87 resignation and naming of successor custodians, to the extent that such agreement does not 88 conflict with the custodian's obligations to the minor under sections 404.005 to 404.094. 404.550. 1. The personal custodian shall collect, hold, maintain, manage, invest and 2 reinvest the custodial property. The personal custodian may accept a transfer of additional 3 property for the same beneficiary into the personal custodianship and may consolidate into a 4 single custodianship custodial property received for the same beneficiary from multiple transfers 5 or transferors. 6 2. The personal custodian shall deliver, pay over to the beneficiary for expenditure by 7 the beneficiary or expend for the beneficiary's benefit so much of the custodial property as the 8 beneficiary may from time to time direct. If the beneficiary is an incapacitated person, the 9 personal custodian may deliver, pay over to the beneficiary for expenditure by the beneficiary 10 or expend for the beneficiary's benefit so much of the custodial property as the personal 11 custodian determines advisable for the use and benefit of the beneficiary and those members of 12 the beneficiary's family who are legally entitled to support by the beneficiary or who were 13 supported by the beneficiary at the time the beneficiary became incapacitated, without court 14 order and without regard to the duty or ability of the personal custodian in the personal 15 custodian's individual capacity or of any other person to support the beneficiary, or any other 16 income or property of the beneficiary. 17 3. (1) Upon the petition of the beneficiary, guardian or conservator of an incapacitated 18 beneficiary, an adult member of a beneficiary's family or any person interested in the welfare of 19 the beneficiary, the court may order the personal custodian to expend or to pay over to the 20 beneficiary or the beneficiary's guardian or conservator so much of the custodial property as the 21 court determines advisable for the use and benefit of the beneficiary. 22 (2) Upon petition of a personal custodian, the beneficiary, an adult member of the 23 beneficiary's family or any person interested in the welfare of the beneficiary, the probate 24 division of the circuit court shall determine and declare whether the beneficiary is a disabled or 25 incapacitated person. 26 4. Any delivery, payment or expenditure under subsections 2 and 3 of this section is in 27 addition to, not in substitution for, and does not affect the obligation of any person to support the 28 incapacitated beneficiary or the incapacitated beneficiary's dependents. HB 1434 256 29 5. The personal custodian is under a duty to act in the interest of the beneficiary and to 30 avoid conflicts of interest that impair the personal custodian's ability to so act. In dealing with 31 the custodial property, the personal custodian shall follow the investment and other directions 32 of a beneficiary who is not incapacitated and shall observe the degree of care that would be 33 observed by a prudent person dealing with the property and conducting the affairs of another, 34 except that all investments made on or after August 28, 1998, shall be in accordance with the 35 provisions of the Missouri prudent investor act, sections 469.900 to 469.913. The personal 36 custodian is not limited by any other statute restricting investments or expenditures by 37 fiduciaries. If the personal custodian has special skills or is named personal custodian on the 38 basis of representation of special skills or expertise, the custodian is under a duty to use those 39 skills. The personal custodian, in the custodian's discretion and without liability to the 40 beneficiary or the beneficiary's estate, may retain any custodial property received under sections 41 404.400 to 404.650, and may hold money or securities in the financial institution or brokerage 42 company to which the property was delivered by the transferor. 43 6. The personal custodian may invest in and pay premiums out of custodial property for 44 life or endowment insurance policies on the life of the beneficiary or the life of another person 45 in whom the beneficiary has an insurable interest, provided the insurance proceeds will be 46 distributed on the death of the insured life to the beneficiary, the persons designated by an adult 47 nonincapacitated beneficiary, the beneficiary's estate or the personal custodian in the personal 48 custodian's representative capacity. 49 7. Subject to the degree of care prescribed in subsection 5 of this section, the personal 50 custodian, acting in the capacity of personal custodian for the benefit of the beneficiary, has all 51 rights, power and authority over the custodial property that [unmarried,] nonincapacitated adult 52 owners who are not parties to a contract of domestic union have over their own property, 53 except the power to make a gift of the beneficiary's property (i) unless granted such power by a 54 nonincapacitated beneficiary in a writing signed and dated, and acknowledged or proved and 55 certified in the manner provided by law for conveyances of real estate, or (ii) unless the gift to 56 be made is approved by a court under section 475.094. 57 8. The personal custodian at all times shall keep custodial property separate and distinct 58 from all other property in a manner to identify it clearly as custodial property of the beneficiary. 59 Custodial property consisting of an undivided interest in property is sufficiently separate and 60 distinct if the personal custodian's interest in the property is held as a tenant in common with the 61 other owners of the property and the beneficiary's proportional interest in the property is fixed. 62 Custodial property is sufficiently so identified if it is held in the name of the personal custodian 63 in the manner prescribed in section 404.540. HB 1434 257 64 9. The personal custodian may establish checking, savings or other similar accounts with 65 financial institutions and brokers whereby both the personal custodian and the beneficiary may 66 withdraw money from the account or draw or issue checks or drafts against the account. Money 67 withdrawn from an account or checks written against an account by the beneficiary shall be 68 treated as a delivery of custodial property from the personal custodian to the beneficiary. 69 10. Subject to the degree of care prescribed in subsection 5 of this section, the personal 70 custodian, acting in the capacity of personal custodian and for the benefit of the beneficiary, may 71 borrow money, lend money, acquire by lease the use of property for the beneficiary, lease 72 custodial property and enter into contracts under which the performance required by such 73 agreements may extend beyond the date the personal custodianship terminates. The personal 74 custodian shall hold property that is borrowed or leased for the beneficiary as custodial property 75 in the name of the personal custodian in the manner prescribed in section 404.540. 76 11. The personal custodian shall keep records of all transactions with respect to the 77 custodial property, including information necessary for preparation of the beneficiary's tax 78 returns, and make them available for inspection at reasonable intervals by the beneficiary, an 79 adult member of the beneficiary's family if the beneficiary is incapacitated, and a legal 80 representative of the beneficiary. 81 12. The power, authority, duties and responsibilities of a personal custodian, as provided 82 in sections 404.400 to 404.650, may be modified by the provisions of a written agreement 83 between the transferor or beneficiary and personal custodian. 404.570. 1. If a deceased beneficiary's probate estate is not sufficient to pay claims, 2 taxes and expenses of administration, including statutory allowances to the surviving spouse and 3 [unmarried] minor children who are not parties to a contract of domestic union, the persons 4 that receive a nonprobate transfer of the beneficiary's custodial property under sections 404.560 5 and 404.565 shall be liable to account to the deceased beneficiary's personal representative for 6 a pro rata share of the value received from the personal custodianship that the decedent owned 7 beneficially immediately before death to the extent necessary to discharge the claims and charges 8 remaining unpaid after application of the funds and property in the decedent's estate. This 9 subsection does not apply to a death benefit paid pursuant to a life or accidental death insurance 10 policy held by the custodian; and it does not apply to survivorship rights in custodial property 11 held as tenants by the entireties. 12 2. Only decedent's personal representative may enforce the obligation of the beneficiary's 13 custodial distributees under this section by bringing an action for accounting, but no proceeding 14 to assert this liability shall be commenced unless the personal representative has received a 15 written demand therefor by a creditor, surviving spouse or one acting for [an unmarried] a minor 16 child who is not a party to a contract of domestic union of the deceased beneficiary, and no HB 1434 258 17 proceeding shall be brought for accounting under this section more than two years following the 18 beneficiary's death. Sums recovered by the personal representative shall be administered as part 19 of the decedent's estate. 20 3. After an action for accounting has been commenced under this section, any party to 21 the proceeding may join and bring into the action for accounting distributees of custodial 22 property from other personal custodianships of the decedent, parties and beneficiaries of 23 multiple-party accounts in which the decedent was an account party, beneficiaries of other types 24 of nonprobate transfers who by law are liable to contribute to the satisfaction of creditor claims 25 in a similar proceeding for accounting, and persons who succeed to property not subject to 26 probate administration that was subject to satisfaction of the decedent's debts during the 27 decedent's lifetime, including the decedent's interest in property distributed at the decedent's 28 death by a trustee of a revocable trust created by the decedent and property held as a joint tenant 29 with rights of survivorship, but only to the extent of decedent's contribution to the value of the 30 joint property. 31 4. This section shall not affect the right of the personal custodian to execute a direction 32 of the beneficiary to make a payment or to make a nonprobate transfer on death of the 33 beneficiary, or to make that person liable to the beneficiary's estate, unless before the payment 34 or transfer, the personal custodian has been served with process in a proceeding brought by the 35 deceased beneficiary's personal representative and the personal custodian has had a reasonable 36 time to act on it. 37 5. This section does not create a lien on any property that is the subject of a nonprobate 38 transfer, except as a lien may be perfected by way of attachment, garnishment or judgment in an 39 accounting proceeding authorized by this section. 404.717. 1. As between the principal and attorney in fact or successor attorney in fact, 2 and any agents appointed by either of them, unless the power of attorney is coupled with an 3 interest, the authority granted in a power of attorney shall be modified or terminated as follows: 4 (1) On the date shown in the power of attorney and in accordance with the express 5 provisions of the power of attorney; 6 (2) When the principal, orally or in writing, or the principal's legal representative with 7 approval of the court in writing informs the attorney in fact or successor that the power of 8 attorney is modified or terminated, or when and under what circumstances it is modified or 9 terminated; 10 (3) When a written notice of modification or termination of the power of attorney is filed 11 by the principal or the principal's legal representative for record in the office of the recorder of 12 deeds in the city or county of the principal's residence or, if the principal is a nonresident of the 13 state, in the city or county of the residence of the attorney in fact last known to the principal, or HB 1434 259 14 in the city or county in which is located any property specifically referred to in the power of 15 attorney; 16 (4) On the death of the principal, except that if the power of attorney grants authority 17 under subdivision (7) or (8) of subsection 6 of section 404.710, the power of attorney and the 18 authority of the attorney in fact shall continue for the limited purpose of carrying out the 19 authority granted under either or both of said subdivisions for a reasonable length of time after 20 the death of the principal; 21 (5) When the attorney in fact under a durable power of attorney is not qualified to act for 22 the principal; 23 (6) On the filing of any action for divorce or dissolution of [the marriage] a contract of 24 domestic union of the principal and the principal's attorney in fact who were [married to] 25 parties to a contract of domestic union with each other at or subsequent to the time the power 26 of attorney was created, unless the power of attorney provides otherwise. 27 2. Whenever any of the events described in subsection 1 of this section operate merely 28 to terminate the authority of the particular person designated as the attorney in fact, rather than 29 terminating the power of attorney, if the power of attorney designates a successor or contingent 30 attorney in fact or prescribes a procedure whereby a successor or contingent attorney in fact may 31 be designated, then the authority provided in the power of attorney shall extend to and vest in the 32 successor or contingent attorney in fact in lieu of the attorney in fact whose power and authority 33 was terminated under any of the circumstances referred to in subsection 1 of this section. 34 3. As between the principal and attorney in fact or successor attorney in fact, acts and 35 transactions of the attorney in fact or successor attorney in fact undertaken in good faith, in 36 accordance with section 404.714, and without actual knowledge of the death of the principal or 37 without actual knowledge, or constructive knowledge pursuant to subdivision (3) of subsection 38 1 of this section, that the authority granted in the power of attorney has been suspended, modified 39 or terminated, relieves the attorney in fact or successor attorney in fact from liability to the 40 principal and the principal's successors in interest. 41 4. This section does not prohibit the principal, acting individually, and the person 42 designated as the attorney in fact from entering into a written agreement that sets forth their 43 duties and liabilities as between themselves and their successors, and which expands or limits 44 the application of sections 404.700 to 404.735, with the exception of those acts enumerated in 45 subsection 7 of section 404.710. 46 5. As between the principal and any attorney in fact or successor attorney in fact, if the 47 attorney in fact or successor attorney in fact undertakes to act, and if in respect to such act, the 48 attorney in fact or successor attorney in fact engages in willful misconduct or fraud or acts with 49 willful disregard for the purposes, terms, or conditions of the power of attorney, or if the attorney HB 1434 260 50 in fact or successor attorney in fact intentionally acts after receiving actual notice that the power 51 of attorney has been revoked or terminated, and thereby causes damage or loss to the principal 52 or to the principal's successors in interest, such attorney in fact or successor attorney in fact shall 53 be liable to the principal or to the principal's successors in interest, or both, for such damages, 54 together with reasonable attorney's fees, and punitive damages as allowed by law. 55 6. For purposes of this section, the principal's "successors in interest" shall include those 56 persons who can prove they have been damaged as a result of the actions of the attorney in fact 57 or successor attorney in fact, such as a conservator of the principal or a personal representative 58 of a deceased principal. If more than one person claims a recovery under this section the court 59 shall determine the priority of their respective claims. 404.719. 1. A third person, who is acting in good faith, without liability to the principal 2 or the principal's successors in interest, may rely and act on any power of attorney executed by 3 the principal; and, with respect to the subjects and purposes encompassed by or separately 4 expressed in the power of attorney, may rely and act on the instructions of or otherwise contract 5 and deal with the principal's attorney in fact or successor attorney in fact and, in the absence of 6 actual knowledge, as defined in subsection 3 of this section, is not responsible for determining 7 and has no duty to inquire as to any of the following: 8 (1) The authenticity of a certified true copy of a power of attorney furnished by the 9 principal's attorney in fact or successor; 10 (2) The validity of the designation of the attorney in fact or successor; 11 (3) Whether the attorney in fact or successor is qualified to act as an attorney in fact for 12 the principal; 13 (4) The propriety of any act of the attorney in fact or successor in the principal's behalf, 14 including, but not limited to, whether or not an act taken or proposed to be taken by the attorney 15 in fact, constitutes a breach of any duty or obligation owed to the principal, including, but not 16 limited to, the obligation to the principal not to modify or alter the principal's estate plan or other 17 provisions for distributions of assets at death, as provided in subsection 1 of section 404.714; 18 (5) Whether any future event, condition or contingency making effective or terminating 19 the authority conferred in a power of attorney has occurred; 20 (6) Whether the principal is disabled or incapacitated or has been adjudicated disabled 21 or incapacitated; 22 (7) Whether the principal, the principal's legal representative or a court has given the 23 attorney in fact any instructions or the content of any instructions, or whether the attorney in fact 24 is following any instructions received; 25 (8) Whether the authority granted in a power of attorney has been modified by the 26 principal, a legal representative of the principal or a court; HB 1434 261 27 (9) Whether the authority of the attorney in fact has been terminated, except by an 28 express provision in the power of attorney showing the date on which the power of attorney 29 terminates; 30 (10) Whether the power of attorney, or any modification or termination thereof, has been 31 recorded, except as to transactions affecting real estate; 32 (11) Whether the principal had legal capacity to execute the power of attorney at the time 33 the power of attorney was executed; 34 (12) Whether, at the time the principal executed the power of attorney, the principal was 35 subjected to duress, undue influence or fraud, or the power of attorney was for any other reason 36 void or voidable, if the power of attorney appears to be regular on its face; 37 (13) Whether the principal is alive; 38 (14) Whether the principal and attorney in fact were [married] parties to a contract of 39 domestic union at or subsequent to the time the power of attorney was created and whether the 40 [marriage] contract of domestic union has been dissolved; or 41 (15) The truth or validity of any facts or statements made in an affidavit of the attorney 42 in fact or successor with regard to the ability or capacity of the principal, the authority of the 43 attorney in fact or successor under the power of attorney, the happening of any event or events 44 vesting authority in any successor or contingent attorney in fact, the identity or authority of a 45 person designated in the power of attorney to appoint a substitute or successor attorney in fact 46 or that the principal is alive. 47 2. A third person, in good faith and without liability to the principal or the principal's 48 successors in interest, even with knowledge that the principal is disabled or incapacitated, may 49 rely and act on the instructions of or otherwise contract and deal with the principal's attorney in 50 fact or successor attorney in fact acting pursuant to authority granted in a durable power of 51 attorney. 52 3. A third person that conducts activities through employees shall not be charged under 53 sections 404.700 to 404.735 with actual knowledge of any fact relating to a power of attorney, 54 nor of a change in the authority of an attorney in fact, unless the information is received at a 55 home office or a place where there is an employee with responsibility to act on the information, 56 and the employee has a reasonable time in which to act on the information using the procedures 57 and facilities that are available to the third person in the regular course of its operations. 58 4. A third person, when being requested to engage in transactions with a principal 59 through the principal's attorney in fact, may require the attorney in fact to provide specimens of 60 his or her signature and any other information reasonably necessary or appropriate in order to 61 facilitate the actions of the third person in transacting business through the attorney in fact, may 62 require the attorney in fact to indemnify the third person against forgery of the power of attorney, HB 1434 262 63 by bond or otherwise; provided, however, that if the power of attorney is durable as defined in 64 subsection 1 of section 404.705 and if either the principal or the attorney in fact seeking to act 65 is and has been a resident of this state for at least two years, and if the attorney in fact has 66 executed in the name of the principal and delivered to the third person an indemnity agreement 67 reasonably satisfactory in form to such third person, no such bond shall be required; and may 68 prescribe the place and manner in which the third person will be given any notice respecting the 69 principal's power of attorney and the time in which the third person has to comply with any 70 notice. 408.550. 1. No person, upon proper application, shall be denied credit under the 2 provisions of sections 408.015 to 408.562 on the basis of sex, [marital] domestic union status, 3 age, race or religion. Any action which complies with the provisions of the Equal Credit 4 Opportunity Act, Public Law 93-495 (15 U.S.C. 1691 et seq.), and rules and regulations 5 promulgated thereto shall be deemed to be in compliance with this section. Any borrower 6 discriminated against on any of these prohibited bases may recover five hundred dollars or actual 7 damages, whichever is greater, court costs and attorney's fees. 8 2. No person shall be denied credit under the provisions of sections 408.015 to 408.562 9 because of any exercise of his rights under law. 408.575. It shall be unlawful for any financial institution, or any subsidiary or agent 2 thereof, to deny a residential real estate loan to a person because of any of the following factors 3 or to discriminate against any applicant for a residential real estate loan with respect to any aspect 4 of the loan transaction because of any of the following factors: 5 (1) The race, color, religion, national origin, handicap, age, [marital] domestic union 6 status, or sex, of the applicant or the race, religion or national origin of persons living in the 7 vicinity of the residential real estate; 8 (2) The specific geographic location of the residential real estate in such financial 9 institution's local community as defined by it pursuant to the Community Reinvestment Act (12 10 U.S.C. 2901 et seq.) and the rules and regulations promulgated thereunder. Any state financial 11 institution not regulated by the Community Reinvestment Act shall, subject to the approval of 12 the appropriate division director, delineate its local community for the purposes of this section 13 and shall make such delineation available to the public upon request at each office where the 14 financial institution accepts applications for residential real estate loans; 15 (3) The age of the residential real estate or the age of structures in the immediate vicinity 16 of the residential real estate. 431.058. 1. As used in sections 431.058 to 431.062, the following terms shall mean: 2 (1) "Adult", a person who is eighteen years of age or older; 3 (2) "Child" or "minor", a person who is under eighteen years of age; HB 1434 263 4 (3) "Educational services", enrollment of a child in a school to which the child has been 5 or will be accepted for attendance and participation in any school activities, including 6 extracurricular activities; 7 (4) "Health care provider", a person who is licensed, certified, registered, or otherwise 8 authorized by law in this state to administer medical treatment in the practice of a health care 9 profession or at a health care facility, and includes a health care facility; 10 (5) "Parent": 11 (a) A child's parent by birth or adoption; 12 (b) A child's legal guardian; or 13 (c) Any person who under court order is authorized to give consent for a child; 14 (6) "Relative caregiver", a competent adult who is related to a child by blood, [marriage] 15 a contract of domestic union, or adoption who is not the parent and who represents in the 16 affidavit described under subsection 8 of this section that the child lives with the adult and that 17 the adult is responsible for the care of the child. 18 2. A relative caregiver acting pursuant to an affidavit described under subsection 8 of 19 this section may consent to the medical treatment provided for under section 431.061 and for 20 educational services for a child that a child cannot otherwise legally consent to if: 21 (1) The parent has delegated in writing the parent's authority to consent to such medical 22 treatment or educational services; or 23 (2) After reasonable efforts have been made to obtain the consent of the parent for the 24 medical treatment or educational services, the consent of the parent cannot be obtained. 25 3. The consent of a relative caregiver under this section shall be superceded by any 26 contravening decision of the parent, provided the decision does not threaten the life, health, or 27 safety of the child. 28 4. If the child stops living with the relative caregiver, the relative caregiver shall 29 immediately notify any health care provider or school that has been given the affidavit under this 30 section. The affidavit is invalid immediately upon receipt by the health care provider or school 31 of the notice under this subsection. 32 5. An affidavit under this section expires one year after the date it is given to the health 33 care provider or school. If the date the affidavit is given to a health care provider or school is 34 unknown, it shall expire one year after the date the relative caregiver signs the affidavit. 35 6. Nothing in this section relieves a parent of liability for payment for medical treatment 36 or educational services provided to a child pursuant to the valid consent of a relative caregiver 37 under this section. 38 7. Nothing in this section shall be construed to create a cause of action against a relative 39 caregiver who has complied with the provisions of this section. HB 1434 264 40 8. A relative caregiver affidavit given to a health care provider or school is invalid unless 41 it is signed and contains, at a minimum, the following information: 42 (1) The name of the child; 43 (2) The child's date of birth; 44 (3) The relative caregiver's name and date of birth and the address at which the relative 45 caregiver lives with the child; 46 (4) The relationship of the relative caregiver to the child; 47 (5) The driver's license or identification card number of the relative caregiver; 48 (6) The contact information of the parent; 49 (7) A description of any attempts that the relative caregiver has made to advise the parent 50 of the relative caregiver's intent to consent to medical treatment or educational services for the 51 child, and of any response to the relative caregiver provided by the parent; 52 (8) If applicable, a signed and dated delegation of authority to the relative caregiver by 53 the parent to consent to educational services or medical treatment; 54 (9) If applicable, the reason why the relative caregiver is unable to contact the parent to 55 advise the parent of the relative caregiver's intent to consent to medical treatment or educational 56 services for the child; 57 (10) The date the relative caregiver signed the affidavit; and 58 (11) A declaration under penalty of perjury that the named child lives with the relative 59 caregiver, that the relative caregiver is a competent adult and eighteen years of age or older and 60 that the information provided in the affidavit is true and correct. 61 9. The affidavit permitted by this section may be in form and content substantially as 62 follows: 63 THE STATE OF ........... 64 COUNTY OF .............. 65 AFFIDAVIT 66 Before me, the undersigned authority, personally appeared .............. (relative caregiver), 67 who, being by me duly sworn, deposed as follows: 68 My name is .........., and I am of sound mind and am over eighteen (18) years of age. My 69 date of birth, address, contact information, and driver's license or identification card numbers are 70 ................ . I am competent to testify to the following facts and matters: 71 I am a relative caregiver to ......... (name of child), whose date of birth is ......... . My 72 relationship to the child is ............... . The above-mentioned child is living with me at ............... 73 (address) because of the following ........... (description of reasons why child lives with relative 74 caregiver and any attempts that the relative caregiver has made to advise the parent of the relative 75 caregiver's intent to consent to medical treatment or educational services for the child, and any HB 1434 265 76 response to the relative caregiver provided by the parent). The contact information for the parent 77 is ................ (if known). 78 (If applicable) Attached is a signed and dated delegation of authority to me by the parent 79 to consent to educational services or medical treatment. 80 (If applicable) The reason why I am unable to contact the parent to advise the parent of 81 my intent to consent to medical treatment or educational services for the child is 82 ......................................................... 83 Affiant 84 85 In witness whereof I have hereunto subscribed my name and affixed my official seal this ........ 86 day of ................, 20... . 87 ........................................... 88 (Signed) 89 90 (Seal) 431.061. 1. In addition to such other persons as may be so authorized and empowered, 2 any one of the following persons if otherwise competent to contract, is authorized and 3 empowered to consent, either orally or otherwise, to any surgical, medical, or other treatment or 4 procedures, including immunizations, not prohibited by law: 5 (1) Any adult eighteen years of age or older for himself or herself; 6 (2) Any parent for his or her minor child in his or her legal custody; 7 (3) Any minor who has been lawfully [married] a party to a contract of domestic 8 union and any minor parent or legal custodian of a child for himself or herself, his or her child 9 and any child in his or her legal custody; 10 (4) Any minor for himself or herself in case of: 11 (a) Pregnancy, but excluding abortions; 12 (b) Venereal disease; 13 (c) Drug or substance abuse including those referred to in chapter 195; 14 (5) Any adult standing in loco parentis, whether serving formally or not, for his or her 15 minor charge in case of emergency as defined in section 431.063; 16 (6) Any guardian of the person for his or her ward; 17 (7) Any relative caregiver of a minor child as provided for under section 431.058. 18 2. The provisions of sections 431.061 and 431.063 shall be liberally construed, and all 19 relationships set forth in subsection 1 of this section shall include the adoptive and 20 step-relationship as well as the natural relationship and the relationship by the half blood as well 21 as by the whole blood. HB 1434 266 22 3. A consent by one person so authorized and empowered shall be sufficient 23 notwithstanding that there are other persons so authorized and empowered or that such other 24 persons shall refuse or decline to consent or shall protest against the proposed surgical, medical 25 or other treatment or procedures. 26 4. Any person acting in good faith and not having been put on notice to the contrary shall 27 be justified in relying on the representations of any person purporting to give such consent, 28 including, but not limited to, his or her identity, his or her age, his [marital] or her domestic 29 union status, and his or her relationship to any other person for whom the consent is purportedly 30 given. 431.064. 1. When an adult person, because of a medical condition, is treated by a 2 teaching hospital for a medical school accredited by the American Osteopathic Association or 3 the American Medical Association and such person is incapable of giving informed consent for 4 an experimental treatment, test or drug, then such treatment, test or drug may proceed upon 5 obtaining consent of a legal guardian, attorney-in-fact, or a family member in the following order 6 of priority: 7 (1) Spouse unless the patient has no spouse, or is separated, or the spouse is physically 8 or mentally incapable of giving consent, or the spouse's whereabouts is unknown or the spouse 9 is overseas; 10 (2) Adult child; 11 (3) Parent; 12 (4) Brother or sister; 13 (5) Relative by blood or [marriage] contract of domestic union. 14 2. Nothing in this section shall authorize such legal guardian, attorney-in-fact, or family 15 member to consent to treatment in contravention to such incapacitated person's expressed 16 permission regarding such treatment. 17 3. In a life-threatening emergency, consent of such an incapacitated person to any 18 research program or experimental procedure shall not be required when the institutional review 19 board responsible for the review, approval, and continuing review of the research activity has 20 approved both the research activity and a waiver of informed consent and has both found and 21 documented that the requirements for an exception from informed consent requirements for 22 emergency research, as provided under Part 50 of Title 21 or Part 46 of Title 45 of the Code of 23 Federal Regulations, as amended, have been satisfied. 431.065. Any minor who has been lawfully [married] a party to a contract of domestic 2 union and any minor parent or legal custodian of a child, if otherwise competent to contract, 3 shall be considered an adult for the purpose of entering into a contract for surgical, medical, or HB 1434 267 4 other treatment or procedures for himself or herself, his or her spouse, his or her child and any 5 child in his or her legal custody. 431.066. 1. When any minor eighteen years or older, being [married] a party to a 2 contract of domestic union, and the beneficiary of a policy of insurance on the life of his or her 3 spouse becomes entitled to any benefits under the policy of insurance due to the death of his or 4 her spouse, the insuror may pay the proceeds of the policy, not to exceed ten thousand dollars, 5 to the minor beneficiary without the necessity of conservatorship or any other proceedings in any 6 court. 7 2. The signed acknowledgment of the minor beneficiary shall constitute a legal receipt. 8 3. The acknowledgment of the minor beneficiary shall not be subject to disaffirmance 9 upon the minor attaining twenty-one years of age. 432.010. No action shall be brought to charge any executor or administrator, upon any 2 special promise to answer for any debt or damages out of his own estate, or to charge any person 3 upon any special promise to answer for the debt, default or miscarriage of another person, or to 4 charge any person upon any agreement made in consideration of [marriage] a contract of 5 domestic union, or upon any contract made for the sale of lands, tenements, hereditaments, or 6 an interest in or concerning them, or any lease thereof, for a longer time than one year, or upon 7 any agreement that is not to be performed within one year from the making thereof, unless the 8 agreement upon which the action shall be brought, or some memorandum or note thereof, shall 9 be in writing and signed by the party to be charged therewith, or some other person by him 10 thereto lawfully authorized, and no contract for the sale of lands made by an agent shall be 11 binding upon the principal, unless such agent is authorized in writing to make said contract. 435.405. 1. Upon application of a party, the court shall vacate an award where: 2 (1) The award was procured by corruption, fraud or other undue means; 3 (2) There was evident partiality by an arbitrator appointed as a neutral or corruption in 4 any of the arbitrators or misconduct prejudicing the rights of any party; 5 (3) The arbitrators exceeded their powers; 6 (4) The arbitrators refused to postpone the hearing upon sufficient cause being shown 7 therefor or refused to hear evidence material to the controversy or otherwise so conducted the 8 hearing, contrary to the provisions of section 435.370, as to prejudice substantially the rights of 9 a party; or 10 (5) There was no arbitration agreement and the issue was not adversely determined in 11 proceedings pursuant to section 435.355 and the party did not participate in the arbitration 12 hearing without raising the objection; but the fact that the relief was such that it could not or 13 would not be granted by a court of law or equity is not ground for vacating or refusing to confirm 14 the award. HB 1434 268 15 2. An application pursuant to this section shall be made within ninety days after delivery 16 of a copy of the award to the applicant, except that, if predicated upon corruption, fraud or other 17 undue means, it shall be made within ninety days after such grounds are known or should have 18 been known. 19 3. In vacating the award on grounds other than stated in subdivision (5) of subsection 1 20 of this section or subsection 5 of this section, the court may order a rehearing before new 21 arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in 22 accordance with section 435.360, or if the award is vacated on grounds set forth in subdivisions 23 (3) and (4) of subsection 1 of this section the court may order a rehearing before the arbitrators 24 who made the award or their successors appointed in accordance with section 435.360. The time 25 within which the agreement requires the award to be made is applicable to the rehearing and 26 commences from the date of the order. 27 4. If the application to vacate is denied and no motion to modify or correct the award is 28 pending, the court shall confirm the award. 29 5. Notwithstanding the provisions of this section, if an arbitration award in any legal 30 proceeding pursuant to chapter 452 or chapter 454 determines an issue regarding a child of the 31 [marriage] contract of domestic union, such determination shall be subject to de novo judicial 32 review. 442.025. 1. Any person or persons owning real estate, or any interest therein, which he 2 or they have power to convey, may effectively convey such real estate by a conveyance naming 3 himself or themselves and another person or persons, or one or more of themselves and another 4 person or persons, as grantees, and the conveyance has the same effect as to whether it creates 5 a joint tenancy, or tenancy by the entireties, or tenancy in common, or tenancy in partnership, as 6 if it were a conveyance from a stranger who owned the real estate to the persons named as 7 grantees in the conveyance. 8 2. Any two or more persons owning real estate, or any interest therein, which they have 9 power to convey, may effectively convey such real estate by a conveyance naming one, or more 10 than one, or all such persons as grantees, and the conveyance has the same effect, as to whether 11 it creates a separate ownership, or a joint tenancy, or tenancy by the entireties, or tenancy in 12 common, or tenancy in partnership, as if it were a conveyance from a stranger who owned the 13 real estate, to the persons named as grantees in the conveyance. 14 3. Any "person" mentioned in this section may be a [married person] party to a contract 15 of domestic union, and any "persons" so mentioned may be [persons married to each other] 16 parties to a contract of domestic union. 442.040. When any person under eighteen years of age is [married to] a party to a 2 contract of domestic union with an adult who has or claims any interest in real estate and HB 1434 269 3 wishes to convey, encumber, lease or otherwise dispose or affect the same, the minor shall be 4 deemed of age for the purpose of joining with his adult spouse in the execution of any instrument 5 affecting the spouse's real estate. 442.160. 1. Any commissioned officer, other than a commissioned warrant officer, of 2 any of the Armed Forces of the United States, whether or not on active duty, may take proof or 3 acknowledgment of any instrument in writing, of any member of any of the Armed Forces of the 4 United States, whether or not on active duty, with like effect as if the same were taken within the 5 state of Missouri by a notary public. If any instrument in writing so acknowledged by such 6 member of the Armed Forces of the United States be of such a nature as to require a joint or 7 separate acknowledgment of his or her spouse, such officers may take the acknowledgment of 8 such spouse. 9 2. Such officer shall certify the act, stating the time and place thereof, over his signature, 10 setting forth his grade, serial number, branch of service (Army, Navy, etc.), and permanent 11 mailing address. If such officer shall omit from his certificate the place thereof, serial number, 12 branch of service, and permanent mailing address, or any of them, it shall be deemed to have 13 been done for reasons of security and shall not invalidate such certificate. The signature of any 14 such officer, together with his grade, shall be prima facie evidence of his authority. 15 3. Any form of acknowledgment complying with the requirements of this section may 16 be used, and the following form shall be taken to satisfy all requirements of this section: 17 With the Armed Forces ) 18 of the United States ) ss 19 at ................... ) 20 On this ............ day of ............, A.D. 20.., before me, a commissioned officer of the 21 Armed Forces of the United States, on active duty therewith, personally appeared ..............., a 22 member of the Armed Forces of the United States, on active duty therewith, (and ................, (his 23 wife, her husband),) to me known to be the person described in and who executed the foregoing 24 instrument, and acknowledged that ................ executed the same as ........... free act and deed. 25 (The said .............. declared ............. to be single and [unmarried] not a party to a contract of 26 domestic union.) 27 IN TESTIMONY WHEREOF, I have hereunto set my hand and grade (serial number, 28 branch of service, and permanent mailing address). 29 (Signature) Serial Number 30 .......................... ................................ 31 (Grade) (Branch of Service: Army, Navy, etc.) 32 .......................... ................................ 33 (Permanent mailing address) HB 1434 270 34 .......................... ................................. 35 4. All such proof or acknowledgment of any instrument in writing heretofore made and 36 which was not in conformity with the requirements of the laws at that time, but are in conformity 37 with the requirements of this section, are hereby validated and legalized for all purposes from 38 and after June 12, 1991. It shall not be necessary to rerecord any such instrument. 443.863. It is unlawful discrimination to refuse loans or to vary the terms of loans or the 2 application procedures for loans because of: 3 (1) The borrower's race, color, religion, national origin, age, gender or [marital] 4 domestic union status; or 5 (2) The location of the proposed security. 446.340. Certified copies of the records of the ancient archives deposited in the office 2 of the recorder of the county or city of St. Louis, consisting of deeds, mortgages, [marriage] 3 contracts[,] of domestic union, settlements, adjudications and other instruments of writing 4 relating to or affecting titles to real estate, and which were received from the French or Spanish 5 authorities of Louisiana, and which have been or may hereafter be recorded, as directed by law, 6 shall be received in evidence in all courts of this state. 451.010. [Marriage] A contract of domestic union is considered in law as a civil 2 contract, to which the consent of the parties capable in law of contracting is essential. 451.020. All [marriages] contracts of domestic union between parents and children, 2 including grandparents and grandchildren of every degree, between brothers and sisters of the 3 half as well as the whole blood, between uncles and nieces, aunts and nephews, first cousins, and 4 between persons who lack capacity to enter into a [marriage contract] contract of domestic 5 union, are presumptively void; and it shall be unlawful for any city, county or state official 6 having authority to [issue marriage licenses to issue such marriage licenses to] record contracts 7 of domestic union or to record such contract of the persons heretofore designated, and any 8 such official who shall [issue such licenses to] record such contracts of the persons aforesaid 9 knowing such persons to be within the prohibition of this section shall be deemed guilty of a 10 misdemeanor; and this prohibition shall apply to persons born out of lawful [wedlock] contract 11 of domestic union as well as those in lawful [wedlock] contract of domestic union. It shall be 12 presumed that [marriages] contracts of domestic union between persons who lack capacity to 13 enter into a [marriage] contract of domestic union are prohibited unless the court having 14 jurisdiction over such persons approves the [marriage] contract of domestic union. 451.030. [All marriages, where either of the parties has a former wife or husband living, 2 shall be void, unless the former marriage shall have been dissolved.] All contracts of domestic 3 union, where either of the parties has a former spouse living, shall be void, unless the 4 former contract of domestic union shall have been dissolved. HB 1434 271 451.125. 1. Two persons seeking to be married in this state and who are otherwise 2 legally authorized to do so shall enter into a contract of domestic union. A contract of 3 domestic union shall be the legal equivalent of marriage under the laws of this state. The 4 use of the word "marriage", or any derivation of such word, in the laws of this state shall 5 also include "contract of domestic union". 6 2. Beginning August 28, 2018, all current and previous marriages shall be known 7 and referred to as contracts of domestic union. Two consenting persons who are parties 8 to a valid marriage entered into prior to August 28, 2018, pursuant to this chapter may 9 apply to the recorder of deeds in the county in which their marriage is recorded to have 10 their marriage legally designated and recorded as a domestic union, without any additional 11 requirements of payment or fees, provided that such parties' marriage was not previously 12 dissolved or annulled. The parties' valid marriage license shall satisfy the requirements 13 of subsection 3 of this section. 14 3. A contract of domestic union shall be in writing and shall contain the following: 15 (1) The names of the parties; 16 (2) A statement that the parties are legally authorized to enter into a contract of 17 domestic union; 18 (3) The signatures of the parties; 19 (4) The signatures of two adult witnesses; and 20 (5) If one of the parties to the contract of domestic union is under the age of 21 eighteen years, a written affidavit of the custodial parent or guardian consenting to the 22 contract of domestic union. The affidavit shall be signed by the custodial parent or 23 guardian and sworn to before an officer authorized to administer oaths. 24 4. A contract of domestic union conforming to the requirements of this section shall 25 be valid on the date the contract is executed by both parties, provided the contract is 26 presented to and recorded by the recorder of deeds or their deputy within thirty days of 27 the execution of the contract. 28 5. A civil and independent or religious ceremony of marriage, celebration of 29 marriage, solemnization of marriage, or any other officiation, and administration of the 30 vows of marriage may be conducted or engaged in by the parties to this contract of 31 domestic union by an officiant or other presiding party to be selected by the parties to the 32 contract. The state shall have no requirement for such ceremonial proceeding which, if 33 performed or not performed, shall have no legal effect upon the validity of the contract of 34 domestic union. 35 6. The contract of domestic union shall be recorded by the recorder of deeds and 36 shall constitute a legal record of a domestic union of the two parties. HB 1434 272 37 7. The recorder of deeds shall accept for recording any certificate of marriage for 38 out-of-state marriages. Such recording shall be presumptive evidence of the validity of the 39 out-of-state marriage. Out-of-state marriages and out-of-state domestic unions shall be 40 recognized as contracts of domestic unions in this state. 41 8. Common-law marriages shall be null and void. 42 9. No recorder shall, in any event except as herein provided, record a contract of 43 domestic union of any person under fifteen years of age; provided, however, that such 44 contract may be recorded on order of a circuit or associate circuit judge of the county in 45 which the contract is to be recorded, such contract being recorded only for good cause 46 shown and by reason of such unusual conditions as to make such domestic union advisable. 47 10. Nothing in this section shall be deemed or taken to render invalid any marriage 48 otherwise lawful before August 28, 2018. 451.130. [1. If any recorder willfully neglect or refuse to issue a license to any person 2 legally entitled thereto on application, on payment or tender of the fee provided for in section 3 451.150, or shall fail to refuse to record such license, with the return thereon, as herein provided, 4 he shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not 5 less than five nor more than one hundred dollars. 6 2. Every officer or person who shall fail to return a license within fifteen days after the 7 issuing of the same, or who shall make a false return thereon, or any recorder who shall willfully 8 make a false record of any marriage license or return thereon, shall be deemed guilty of a 9 misdemeanor, and, on conviction thereof, shall be punished as provided in the preceding part of 10 this section.] If any recorder willfully neglects or refuses to record a contract of domestic 11 union of any person legally entitled to have such recorded, on payment or tender of the fee 12 provided for in section 451.150, he or she shall be deemed guilty of a misdemeanor, and 13 upon conviction shall be fined in any sum not less than five nor more than one hundred 14 dollars. Any person who shall present a false contract of domestic union for recording, or 15 any recorder who shall willfully make a false record of a contract of domestic union, shall 16 be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less 17 than five nor more than one hundred dollars. 451.150. The recorder shall record all [marriage licenses] contracts of domestic union 2 issued in a well-bound book kept for that purpose, [with the return thereon,] for which he or she 3 shall receive a fee of ten dollars to be paid for by the person [obtaining the same] presenting the 4 contract. 451.151. [1. In addition to any other fee for the issuance of a marriage license there is 2 hereby imposed a fee of twenty dollars to be paid by the person applying for such license. Such 3 fee shall be collected by the recorder of deeds at the time the marriage license is issued. HB 1434 273 4 2. In addition to any other fee for a certified copy of a marriage license there is hereby 5 imposed a fee of seven dollars to be paid by the person applying for such certified copy. Such 6 fee shall be collected by the recorder of deeds at the time the certified copy is issued. The 7 recorder of deeds shall have the authority to differentiate, for fee imposition purposes, between 8 a certified copy and a mere photocopy copy. 9 3. The recorder of deeds shall, at the end of each month, forward fifteen dollars for the 10 issuance of a marriage license to the director of the department of revenue for deposit in the 11 children's trust fund established in section 210.173, and five dollars for the issuance of a 12 marriage license shall be paid to the county treasurer and deposited in a special trust fund to be 13 expended only to provide financial assistance to shelters for victims of domestic violence, 14 established pursuant to sections 455.200 to 455.230. The recorder of deeds shall at the end of 15 each month forward seven dollars for each certified copy of a marriage license to the children's 16 trust fund established in section 210.173.] In addition to any other fee for the recording of a 17 contract of domestic union there is hereby imposed a fee of twenty dollars to be paid by the 18 person presenting such contract. Such fee shall be collected by the recorder of deeds at the 19 time the contract of domestic union is recorded. The recorder of deeds shall, at the end of 20 each month, forward fifteen dollars for the recording of a contract of domestic union to the 21 director of the department of revenue for deposit in the children's trust fund established in section 210.173, and five dollars for the recording of a contract of domestic union shall 22 23 be paid to the county treasurer and deposited in a special trust fund to be expended only 24 to provide financial assistance to shelters for victims of domestic violence, established 25 under sections 455.200 to 455.230. 451.190. [If the minister or officer who solemnized any marriage, the record of which 2 has been lost or destroyed, be dead, refuse to give a certificate as required by section 451.170, 3 or his whereabouts be unknown, it shall be lawful for two credible persons who witnessed such 4 marriage to make affidavit to the fact, giving the names of the persons, the name of the minister 5 or officer officiating, and the date of such marriage, which shall be filed and recorded in the 6 recorder's office of such county, which affidavit, or certified copy thereof, shall be prima facie 7 evidence of such marriage in any court in this state.] In any county in this state where the 8 record of any contract of domestic union has been lost or destroyed, such record may be 9 supplied by the original two adult witnesses who witnessed the contract of a domestic 10 union, as required by section 451.125, in the form of an affidavit to the fact, giving the 11 names of the persons and the date of such marriage, which shall be filed and recorded in 12 the recorder's office of such county, which affidavit, or certified copy thereof, shall be 13 prima facie evidence of such contract of domestic union in any court in this state. HB 1434 274 451.200. The recorders in such counties in this state wherein such records have been lost 2 or destroyed shall file and record the certificates or affidavits provided for in [sections 451.170 3 and 451.180] section 451.190, for which they shall be allowed the same fee as for recording 4 other [certificates of marriage] contracts of domestic union, and shall furnish copies of such 5 certificates or affidavits when required. 451.210. In all counties of this state where the records of [marriages] contracts of 2 domestic union have been burned or otherwise destroyed, the recorder of deeds or other officer 3 whose duty it may be to record [certificates of marriages] contracts of domestic union shall 4 purchase at the expense of his or her county a substantially bound book in which he or she shall 5 record [certificates of marriage] contracts of domestic union, produced, and shown to him or 6 her to be genuine, by any party or parties whose record of [marriage] a contract of domestic 7 union has been burned or otherwise destroyed, and the heirs and descendants of such party or 8 parties may produce the [certificate of marriage] contract of domestic union herein 9 contemplated, and have the same recorded, and the recorder or officer recording shall receive 10 therefor the sum of fifty cents for each [certificate] contract recorded. 451.220. All [marriage] contracts of domestic union whereby any estate, real or 2 personal, in this state, is intended to be secured or conveyed to any person or persons, or whereby 3 such estate may be affected in law or equity, shall be in writing, and acknowledged by each of 4 the contracting parties, or proved by one or more subscribing witnesses. 451.230. Such [marriage] contracts of domestic union shall be acknowledged or proved 2 before the same officer and certified in the same manner as deeds of conveyance for land are or 3 shall be required by law to be acknowledged or proved and certified; and they shall be recorded, 4 with the certificate of proof or acknowledgment, in the office of the recorder of each county 5 where any estate is situated which is intended to be conveyed or affected thereby. 451.240. When any such [marriage] contract of domestic union is deposited in the 2 recorder's office for record, it shall, as to all property affected by it in the county where the same 3 is deposited, impart full notice to all persons of its contents; and no such contract shall be valid 4 or affect any property except between the parties thereto and such as have actual notice thereof, 5 until it shall be deposited for record, as herein prescribed. 6 451.250. 1. All real estate and any personal property, including rights in action, 7 belonging to any man or woman at his or her [marriage] contract of domestic union, or which 8 may have come to him or her during coverture, by gift, bequest or inheritance, or by purchase 9 with his or her separate money or means, or be due as the wages of his or her separate labor, or 10 has grown out of any violation of his or her personal rights, shall, together with all income, 11 increase and profits thereof, be and remain his or her separate property and under his or her sole HB 1434 275 12 control, and shall not be liable to be taken by any process of law for the debts of [his wife or her 13 husband] the other spouse. 14 2. This section shall not affect the title of any husband or wife to any personal property 15 reduced to his or her possession with the express assent of his or her spouse; provided, that said 16 personal property shall not be deemed to have been reduced to possession by the husband or wife 17 by his or her use, occupancy, care or protection thereof, but the same shall remain his or her 18 separate property, unless by the terms of said assent, in writing, full authority shall have been 19 given by the husband or wife to the spouse to sell, encumber or otherwise dispose of the same 20 for his or her own use and benefit, but such property shall be subject to execution for the 21 payments of the debts of the spouse contracted before or during [marriage] the contract of 22 domestic union, and for any debt or liability of his or her spouse created for necessaries for the 23 spouse or family; and any such [married man or woman] party to a contract of domestic union 24 may, in his or her own name and without joining his or her spouse, as a party plaintiff institute 25 and maintain any action, in any of the courts of this state having jurisdiction, for the recovery of 26 any such personal property, including rights in action, as aforesaid, with the same force and 27 effect as if such [married man or woman was not married] party to a contract of domestic 28 union was not a party to a contract of domestic union; provided, any judgment for costs in 29 any such proceeding rendered against any such [married] spouse, may be satisfied out of any 30 separate property of such [married] spouse subject to execution; provided, that before any such 31 execution shall be levied upon any separate estate of a [married] spouse, he or she shall have 32 been made a party to the action, and all questions involved shall have been therein determined, 33 and shall be recited in the judgment and the execution thereon. 451.260. The rents, issues and products of the real estate of any [married person] party 2 to a contract of domestic union, and all moneys and obligations arising from the sale of such 3 real estate, and the interest of such person's spouse in such person's right in any real estate which 4 belonged to such person before [marriage] the contract of domestic union, or which he or she 5 may have acquired by gift, grant, devise or inheritance during coverture, shall, during coverture, 6 be exempt from attachment or levy of execution for the sole debts of his or her spouse; and no 7 conveyance made during coverture by such spouse of such rents, issues and products, or of any 8 interest in such real estate, shall be valid, unless the same be by deed executed by the spouse 9 jointly with the other spouse, and acknowledged by him or her in the manner now provided by 10 law; provided, such annual products may be attached or levied upon for any debt or liability of 11 his or her spouse, created for necessaries for the spouse and family, and for debts for labor or 12 materials furnished upon or for the cultivation or improvement of such real estate. HB 1434 276 451.270. A spouse's property, except such as may be acquired from the other spouse, 2 shall be exempt from all debts and liabilities contracted or incurred by his or her spouse before 3 their [marriage] contract of domestic union. 452.075. When a divorce has been granted, and the court has made an order or decree 2 providing for the payment of alimony and maintenance, the [remarriage] new contract of 3 domestic union of the former spouse shall relieve the spouse obligated to pay support from 4 further payment of alimony to the former spouse from the date of the [remarriage] new contract 5 of domestic union, without the necessity of further court action, but the [remarriage] new 6 contract of domestic union shall not relieve the former spouse from the provisions of any 7 judgment or decree or order providing for the support of any minor children. 452.130. When a person, without good cause, shall abandon his or her spouse, and refuse 2 or neglect to maintain and provide for him or her, the circuit court, on his or her petition for that 3 purpose, shall order and adjudge such support and maintenance to be provided and paid by such 4 person for the spouse and the spouse's children, or any of them, by that [marriage] contract of 5 domestic union, out of his or her property, and for such time as the nature of the case and the 6 circumstances of the parties shall require, and compel the person to give security for such 7 maintenance, and from time to time make such further orders touching the same as shall be just, 8 and enforce such judgment by execution, sequestration of property, or by such other lawful 9 means as are in accordance with the practice of the court; and as long as said maintenance is 10 continued, the person shall not be charged with the spouse's debts, contracted after the judgment 11 for such maintenance. 452.150. The father and mother living apart are entitled to an adjudication by the circuit 2 court as to their powers, rights and duties in respect to the custody and control and the services 3 and earnings and management of the property of their [unmarried] minor children who are not 4 parties to a contract of domestic union without any preference as between the said father and 5 mother, and neither the father nor the mother has any right paramount to that of the other in 6 respect to the custody and control or the services and earnings or of the management of the 7 property of their said [unmarried] minor children who are not parties to a contract of domestic 8 union; pending such adjudication the father or mother who actually has the custody and control 9 of said [unmarried] minor children who are not parties to a contract of domestic union shall 10 have the sole right to the custody and control and to the services and earnings and to the 11 management of the property of said [unmarried] minor children who are not parties to a 12 contract of domestic union. 452.160. The terms of section 452.150 shall apply to children born out of [wedlock] a 2 contract of domestic union and to children born in [wedlock] a contract of domestic union, HB 1434 277 3 and the terms "father and mother", "parent", "child", shall apply without reference to whether a 4 child was born in a lawful [wedlock] contract of domestic union. 452.170. If any [married person] party to a contract of domestic union shall hold real 2 estate in his or her own right, and his or her spouse, by criminal conduct toward him or her, or 3 by ill usage, shall give him or her cause to live separate and apart from him or her, such person 4 may petition the circuit court, setting forth such facts, and therein pray that such estate may be 5 enjoyed by him or her for his or her sole use and benefit. 452.180. The circuit court, on due proof of such facts, may, in its discretion, make such 2 order and decree in the premises as shall give such [married person] party to a contract of 3 domestic union the sole use and benefit of such real estate, or such part thereof as it may think 4 reasonable. 452.190. When any [married person] party to a contract of domestic union shall 2 abandon his or her spouse, or from worthlessness, drunkenness or other cause fail to make 3 sufficient provision for his or her support, the circuit court of the county where he or she has his 4 or her home and residence may, on his or her petition, authorize him or her to sell and convey 5 his or her real estate, or any part thereof, and also any personal estate which shall, at the time, 6 have come to such person by reason of the [marriage] contract of domestic union, and which 7 may remain within the state undisposed of by him. 452.200. Any [married person] party to a contract of domestic union may file a 2 petition in the circuit court, setting forth that his or her spouse, from habitual intemperance, or 3 any other cause, is about to squander and waste the property, money, credits or choses in action 4 to which he or she is entitled in his or her own right, or any part thereof, or is proceeding 5 fraudulently to convert the same, or any part thereof, to the spouse's own use, for the purpose of 6 placing the same beyond his or her reach, and depriving him or her of the benefit thereof; and 7 the court, upon the hearing of the case, may enjoin the spouse from disposing of or otherwise 8 interfering with such property, moneys, credits and choses in action, and may appoint a receiver 9 to control and manage the same for the benefit of the petitioner, and may also make such other 10 order in the premises as they may deem just and proper, and upon the filing of such petition an 11 injunction may be allowed as in other cases, and such petition shall be filed in the county where 12 said petitioner resides, and the spouse of said petitioner shall be made a party defendant to said 13 petition. 452.220. Such [married person] party to a contract of domestic union, during the 2 period his or her spouse shall fail to provide for his or her support, as stated in section 452.130, 3 shall be entitled to the proceeds of the earnings of his or her minor children; and the same shall 4 be under his or her sole control and shall not be liable in any manner for the spouse's debts. HB 1434 278 452.240. The petition of a [married person] party to a contract of domestic union for 2 any of the purposes before mentioned may be filed and the case heard and determined in the 3 circuit court, and the like process and proceedings shall be had as in other civil suits triable 4 before circuit judges. 452.300. 1. The rules of the supreme court and other applicable court rules shall govern 2 all proceedings pursuant to sections 452.300 to 452.415. 3 2. A proceeding for dissolution of [marriage] a contract of domestic union, legal 4 separation, or declaration of invalidity of [marriage] a contract of domestic union shall be 5 entitled: "In re the [Marriage of ...... and .....] Contract of Domestic Union of ..... and .....". 6 3. The initial pleading in an original proceeding pursuant to sections 452.300 to 452.415 7 shall be denominated a "petition" and the responsive pleading in an original proceeding shall be 8 denominated an "answer". Other pleadings in an original proceeding and all pleadings in other 9 proceedings pursuant to sections 452.300 to 452.415 shall be denominated as provided in the 10 rules of the supreme court and other applicable court rules. 11 4. Any party who files the initial pleading in an original proceeding pursuant to sections 12 452.300 to 452.415 shall be denominated the "petitioner" and any party who is required to file 13 or who files a responsive pleading in an original proceeding shall be denominated the 14 "respondent". Each party shall retain such denomination from the original proceeding in any 15 other proceedings pursuant to sections 452.300 to 452.415. 16 5. An original proceeding pursuant to sections 452.300 to 452.415 shall be commenced 17 in the county in which the petitioner resides or in the county in which the respondent resides. 18 If an original proceeding is commenced in the county in which the petitioner resides, upon 19 motion by the respondent filed prior to the filing of a responsive pleading, the court in which the 20 proceeding is commenced may transfer the proceeding to the county in which the respondent 21 resides if: 22 (1) The county in which the respondent resides had been the county in which the children 23 resided during the ninety days immediately preceding the commencement of the proceeding; or 24 (2) The best interest of the children will be served if the proceeding is transferred to the 25 county in which the respondent resides because: 26 (a) The children and at least one parent have a significant connection with the county; 27 and 28 (b) There is substantial evidence concerning the present or future care, protection and 29 personal relationships of the children in the county. 30 6. In proceedings pursuant to sections 452.300 to 452.415, "judgment" shall include a 31 "decree". HB 1434 279 452.305. 1. The court shall enter a judgment of dissolution of [marriage] a contract of 2 domestic union if: 3 (1) The court finds that one of the parties has been a resident of this state, or is a member 4 of the armed services who has been stationed in this state, for ninety days immediately preceding 5 the commencement of the proceeding and that thirty days have elapsed since the filing of the 6 petition; and 7 (2) The court finds that there remains no reasonable likelihood that the [marriage] 8 contract of domestic union can be preserved and that therefore the [marriage] contract of 9 domestic union is irretrievably broken; and 10 (3) To the extent it has jurisdiction, the court has considered and made provision for 11 child custody, the support of each child, the maintenance of either spouse and the disposition of 12 property. 13 2. The court shall enter a judgment of legal separation if: 14 (1) The court finds that one of the parties has been a resident of this state, or is a member 15 of the armed services who has been stationed in this state, for ninety days immediately preceding 16 the commencement of the proceeding and that thirty days have elapsed since the filing of the 17 petition; and 18 (2) The court finds that there remains a reasonable likelihood that the [marriage] 19 contract of domestic union can be preserved and that therefore the [marriage] contract of 20 domestic union is not irretrievably broken; and 21 (3) To the extent it has jurisdiction, the court has considered and made provision for the 22 custody and the support of each child, the maintenance of either spouse and the disposition of 23 property. 24 3. Any judgment of dissolution of [marriage] a contract of domestic union or legal 25 separation shall include the last four digits of the Social Security numbers of the parties. The full 26 Social Security number of each party and each child shall be retained in the manner required 27 under section 509.520. 452.310. 1. In any proceeding commenced pursuant to this chapter, the petition, a 2 motion to modify, a motion for a family access order and a motion for contempt shall be verified. 3 The petition in a proceeding for dissolution of [marriage] a contract of domestic union shall 4 allege that the [marriage] contract of domestic union is irretrievably broken and that therefore 5 there remains no reasonable likelihood that the [marriage] contract of domestic union can be 6 preserved. The petition in a proceeding for legal separation shall allege that the [marriage] 7 contract of domestic union is not irretrievably broken and that therefore there remains a 8 reasonable likelihood that the [marriage] contract of domestic union can be preserved. HB 1434 280 9 2. The petition in a proceeding for dissolution of [marriage] a contract of domestic 10 union or legal separation shall set forth: 11 (1) The residence of each party, including the county, and the length of residence of each 12 party in this state and in the county of residence; 13 (2) The date of the [marriage] contract of domestic union and the place at which it is 14 registered; 15 (3) The date on which the parties separated; 16 (4) The name, age, and address of each child, and the parent with whom each child has 17 primarily resided for the sixty days immediately preceding the filing of the petition for 18 dissolution of [marriage] the contract of domestic union or legal separation; 19 (5) Whether the wife is pregnant; 20 (6) The last four digits of the Social Security number of the petitioner, respondent and 21 each child; 22 (7) Any arrangements as to the custody and support of the children and the maintenance 23 of each party; and 24 (8) The relief sought. 25 3. Upon the filing of the petition in a proceeding for dissolution of [marriage] a contract 26 of domestic union or legal separation, each child shall immediately be subject to the jurisdiction 27 of the court in which the proceeding is commenced, unless a proceeding involving allegations 28 of abuse or neglect of the child is pending in juvenile court. Until permitted by order of the 29 court, neither parent shall remove any child from the jurisdiction of the court or from any parent 30 with whom the child has primarily resided for the sixty days immediately preceding the filing 31 of a petition for dissolution of [marriage] a contract of domestic union or legal separation. 32 4. The mere fact that one parent has actual possession of the child at the time of filing 33 shall not create a preference in favor of such parent in any judicial determination regarding 34 custody of the child. 35 5. The respondent shall be served in the manner provided by the rules of the supreme 36 court and applicable court rules and, to avoid an interlocutory judgment of default, shall file a 37 verified answer within thirty days of the date of service which shall not only admit or deny the 38 allegations of the petition, but shall also set forth: 39 (1) The last four digits of the Social Security number of the petitioner, respondent and 40 each child; 41 (2) Any arrangements as to the custody and support of the child and the maintenance of 42 each party; and 43 (3) The relief sought. HB 1434 281 44 6. Previously existing defenses to divorce and legal separation, including but not limited 45 to condonation, connivance, collusion, recrimination, insanity, and lapse of time, are abolished. 46 7. The full Social Security number of each party and each child and the date of birth of 47 each child shall be provided in the manner required under section 509.520. 48 8. The petitioner and respondent shall submit a proposed parenting plan, either 49 individually or jointly, within thirty days after service of process or the filing of the entry of 50 appearance, whichever event first occurs of a motion to modify or a petition involving custody 51 or visitation issues. The proposed parenting plan shall set forth the arrangements that the party 52 believes to be in the best interest of the minor children and shall include but not be limited to: 53 (1) A specific written schedule detailing the custody, visitation and residential time for 54 each child with each party including: 55 (a) Major holidays stating which holidays a party has each year; 56 (b) School holidays for school-age children; 57 (c) The child's birthday, Mother's Day and Father's Day; 58 (d) Weekday and weekend schedules and for school-age children how the winter, spring, 59 summer and other vacations from school will be spent; 60 (e) The times and places for transfer of the child between the parties in connection with 61 the residential schedule; 62 (f) A plan for sharing transportation duties associated with the residential schedule; 63 (g) Appropriate times for telephone access; 64 (h) Suggested procedures for notifying the other party when a party requests a temporary 65 variation from the residential schedule; 66 (i) Any suggested restrictions or limitations on access to a party and the reasons such 67 restrictions are requested; 68 (2) A specific written plan regarding legal custody which details how the 69 decision-making rights and responsibilities will be shared between the parties including the 70 following: 71 (a) Educational decisions and methods of communicating information from the school 72 to both parties; 73 (b) Medical, dental and health care decisions including how health care providers will 74 be selected and a method of communicating medical conditions of the child and how emergency 75 care will be handled; 76 (c) Extracurricular activities, including a method for determining which activities the 77 child will participate in when those activities involve time during which each party is the 78 custodian; 79 (d) Child care providers, including how such providers will be selected; HB 1434 282 80 (e) Communication procedures including access to telephone numbers as appropriate; 81 (f) A dispute resolution procedure for those matters on which the parties disagree or in 82 interpreting the parenting plan; 83 (g) If a party suggests no shared decision-making, a statement of the reasons for such a 84 request; 85 (3) How the expenses of the child, including child care, educational and extraordinary 86 expenses as defined in the child support guidelines established by the supreme court, will be paid 87 including: 88 (a) The suggested amount of child support to be paid by each party; 89 (b) The party who will maintain or provide health insurance for the child and how the 90 medical, dental, vision, psychological and other health care expenses of the child not paid by 91 insurance will be paid by the parties; 92 (c) The payment of educational expenses, if any; 93 (d) The payment of extraordinary expenses of the child, if any; 94 (e) Child care expenses, if any; 95 (f) Transportation expenses, if any. 96 9. If the proposed parenting plans of the parties differ and the parties cannot resolve the 97 differences or if any party fails to file a proposed parenting plan, upon motion of either party and 98 an opportunity for the parties to be heard, the court shall enter a temporary order containing a 99 parenting plan setting forth the arrangements specified in subsection 8 of this section which will 100 remain in effect until further order of the court. The temporary order entered by the court shall 101 not create a preference for the court in its adjudication of final custody, child support or 102 visitation. 103 10. The Missouri supreme court shall have guidelines for a parenting plan which may 104 be used by the parties pursuant to this section in any dissolution of [marriage] a contract of 105 domestic union, legal separation or modification proceeding involving issues of custody and 106 visitation relating to the child. Parenting plan guidelines shall be made available on the office 107 of state courts administrator's website. 108 11. The filing of a parenting plan for any child over the age of eighteen for whom 109 custody, visitation, or support is being established or modified by a court of competent 110 jurisdiction is not required. Nothing in this section shall be construed as precluding the filing 111 of a parenting plan upon agreement of the parties or if ordered to do so by the court for any child 112 over the age of eighteen for whom custody, visitation, or support is being established or modified 113 by a court of competent jurisdiction. 452.312. 1. Every petition for dissolution of [marriage] a contract of domestic union, 2 or legal separation, every motion for modification of a decree respecting maintenance or support, HB 1434 283 3 and every petition or motion for support of a minor child shall contain the last four digits of the 4 Social Security number of the petitioner or movant, if a person, and the last four digits of the 5 Social Security number of the respondent. The name and address of the petitioner's and 6 respondent's current employer shall be provided and retained in the same manner as required 7 under section 509.520. 8 2. Every responsive pleading to a petition for dissolution of [marriage] a contract of 9 domestic union, or legal separation, motion for modification of a decree respecting maintenance 10 or support, and petition or motion for support of a minor child shall contain the name and address 11 of the current employer and the last four digits of the Social Security number of the respondent, 12 if the respondent is a person. 13 3. Every decree dissolving a [marriage] contract of domestic union, every order 14 modifying a previous decree of dissolution or divorce, and every order for support of a minor 15 child shall contain the last four digits of the Social Security numbers of the parties, if disclosed 16 by the pleadings. 17 4. The full Social Security number of each party and each child shall be retained in the 18 manner required by section 509.520. 452.314. Notwithstanding any other provision of law to the contrary, a guardian for an 2 incapacitated person may file a petition for dissolution of the [marriage] contract of domestic 3 union of, or if the incapacitated person has a history of religious objection to divorce, the 4 guardian may file for a legal separation for such incapacitated person and may give testimony 5 in support of the allegations contained in the petition, if the guardian has reasonable cause to 6 believe that the incapacitated person has been the victim of abuse by the spouse of such 7 incapacitated person. 452.315. 1. In a proceeding for dissolution of [marriage] a contract of domestic union, 2 or legal separation, either party may move for temporary maintenance and for temporary support 3 for each child entitled to support. The motion shall be accompanied by an affidavit setting forth 4 the factual basis for the motion and the amounts requested. In a proceeding for disposition of 5 property, maintenance or support following the dissolution of the [marriage] contract of 6 domestic union by a court which lacked personal jurisdiction over the absent spouse, either party 7 may move for maintenance and for support of each child entitled to support. This motion shall 8 be accompanied by an affidavit setting forth the factual basis for the motion and the amounts 9 requested. This motion and the affidavit shall be served as though an original pleading upon the 10 opposite party. 11 2. As a part of a motion for temporary maintenance or support or by independent motion 12 accompanied by affidavit, either party may request the court to issue an order after notice and 13 hearing: HB 1434 284 14 (1) Restraining any person from transferring, encumbering, concealing, or in any way 15 disposing of any property except in the usual course of business or for the necessities of life and, 16 if so restrained, requiring the person to notify the moving party of any proposed extraordinary 17 expenditures and to account to the court for all extraordinary expenditures made after the order 18 is issued; 19 (2) Enjoining a party from harassing, abusing, molesting or disturbing the peace of the 20 other party or of any child; 21 (3) Excluding a party from the family home or from the home of the other party upon 22 a showing that physical or emotional harm would otherwise result; 23 (4) Establishing and ordering compliance with a custody order and providing for the 24 support of each child. 25 3. The court may issue a restraining order only if it finds on the evidence that irreparable 26 injury would result to the moving party if an order is not issued until the time for answering has 27 elapsed. 28 4. An answer may be filed within ten days after service of notice of motion or at the time 29 specified in the restraining order. 30 5. On the basis of the showing made and in conformity with section 452.335 on 31 maintenance and section 452.340 on support, the court may issue a temporary injunction and an 32 order for temporary maintenance or support in such amounts and on such terms as are just and 33 proper in the circumstances. 34 6. A restraining order or temporary injunction: 35 (1) Does not prejudice the rights of the parties or the child which are to be adjudicated 36 at subsequent hearings in the proceedings; 37 (2) May be revoked or modified prior to final judgment on a showing by affidavit of the 38 facts necessary to revocation or modification of a final judgment pursuant to section 452.370; 39 and 40 (3) Terminates when the final judgment is entered or when the petition for dissolution 41 or legal separation is voluntarily dismissed. 42 7. The court shall enter a temporary order requiring the provision of child support 43 pending the final judicial determination if there is clear and convincing evidence establishing a 44 presumption of paternity pursuant to section 210.822. In determining the amount of child 45 support, the court shall consider the factors set forth in section 452.340. 46 8. Any order entered in modification or vacation of any temporary order entered pursuant 47 to this section may be retroactive to the date of entry of the original temporary order. 452.317. From the date of filing of the petition for dissolution of [marriage] a contract 2 of domestic union, or legal separation, no party shall terminate coverage during the pendency HB 1434 285 3 of the proceeding for any other party or any minor child of the [marriage] contract of domestic 4 union under any existing policy of health, dental or vision insurance. 452.318. In any action for dissolution of [marriage] a contract of domestic union 2 involving minor children, the court may order counseling for such children. The court may 3 assess and apportion the costs of child counseling between the parties. 452.320. 1. If both of the parties by petition or otherwise have stated under oath or 2 affirmation that the [marriage] contract of domestic union is irretrievably broken, or one of the 3 parties has so stated and the other has not denied it, the court, after considering the aforesaid 4 petition or statement, and after a hearing thereon shall make a finding whether or not the 5 [marriage] contract of domestic union is irretrievably broken and shall enter an order of 6 dissolution or dismissal accordingly. 7 2. If one of the parties has denied under oath or affirmation that the marriage is 8 irretrievably broken, the court shall consider all relevant factors, including the circumstances that 9 gave rise to the filing of the petition and the prospect of reconciliation, and after hearing the 10 evidence shall 11 (1) Make a finding whether or not the [marriage] contract of domestic union is 12 irretrievably broken, and in order for the court to find that the [marriage] contract of domestic 13 union is irretrievably broken, the petitioner shall satisfy the court of one or more of the following 14 facts: 15 (a) That the respondent has committed adultery and the petitioner finds it intolerable to 16 live with the respondent; 17 (b) That the respondent has behaved in such a way that the petitioner cannot reasonably 18 be expected to live with the respondent; 19 (c) That the respondent has abandoned the petitioner for a continuous period of at least 20 six months preceding the presentation of the petition; 21 (d) That the parties to the [marriage] contract of domestic union have lived separate 22 and apart by mutual consent for a continuous period of twelve months immediately preceding 23 the filing of the petition; 24 (e) That the parties to the [marriage] contract of domestic union have lived separate and 25 apart for a continuous period of at least twenty-four months preceding the filing of the petition; 26 or 27 (2) Continue the matter for further hearing not less than thirty days or more than six 28 months later, or as soon thereafter as the matter may be reached on the court's calendar, and may 29 suggest to the parties that they seek counseling. No court shall require counseling as a condition 30 precedent to a decree, nor shall any employee of any court, or of the state or any political 31 subdivision of the state, be utilized as a marriage counselor. At the adjourned hearing, the court HB 1434 286 32 shall make a finding whether the [marriage] contract of domestic union is irretrievably broken 33 as set forth in subdivision (1) above and shall enter an order of dissolution or dismissal 34 accordingly. 452.325. 1. To promote the amicable settlement of disputes between the parties to a 2 [marriage] contract of domestic union attendant upon their separation or the dissolution of their 3 [marriage] contract of domestic union, the parties may enter into a written separation agreement 4 containing provisions for the maintenance of either of them, the disposition of any property 5 owned by either of them, and the custody, support and visitation of their children. 6 2. In a proceeding for dissolution of [marriage] a contract of domestic union, or for 7 legal separation, the terms of the separation agreement, except terms providing for the custody, 8 support, and visitation of children, are binding upon the court unless it finds, after considering 9 the economic circumstances of the parties and any other relevant evidence produced by the 10 parties, on their own motion or on request of the court, that the separation agreement is 11 unconscionable. 12 3. If the court finds the separation agreement unconscionable, the court may request the 13 parties to submit a revised separation agreement or the court may make orders for the disposition 14 of property, support, and maintenance in accordance with the provisions of sections 452.330, 15 452.335 and 452.340. 16 4. If the court finds that the separation agreement is not unconscionable as to support, 17 maintenance, and property: 18 (1) Unless the separation agreement provides to the contrary, its terms shall be set forth 19 in the decree of dissolution or legal separation and the parties shall be ordered to perform them; 20 or 21 (2) If the separation agreement provides that its terms shall not be set forth in the decree, 22 only those terms concerning child support, custody and visitation shall be set forth in the decree, 23 and the decree shall state that the court has found the remaining terms not unconscionable. 24 5. Terms of the agreement set forth in the decree are enforceable by all remedies 25 available for the enforcement of a judgment, and the court may punish any party who willfully 26 violates its decree to the same extent as is provided by law for contempt of the court in any other 27 suit or proceeding cognizable by the court. 28 6. Except for terms concerning the support, custody or visitation of children, the decree 29 may expressly preclude or limit modification of terms set forth in the decree if the separation 30 agreement so provides. 452.330. 1. In a proceeding for dissolution of the [marriage] contract of domestic 2 union, or legal separation, or in a proceeding for disposition of property following dissolution 3 of the [marriage] contract of domestic union, by a court which lacked personal jurisdiction over HB 1434 287 4 the absent spouse or lacked jurisdiction to dispose of the property, the court shall set apart to 5 each spouse such spouse's [nonmarital] nondomestic union property and shall divide the 6 [marital] domestic union property and [marital] domestic union debts in such proportions as 7 the court deems just after considering all relevant factors including: 8 (1) The economic circumstances of each spouse at the time the division of property is 9 to become effective, including the desirability of awarding the family home or the right to live 10 therein for reasonable periods to the spouse having custody of any children; 11 (2) The contribution of each spouse to the acquisition of the [marital] domestic union 12 property, including the contribution of a spouse as homemaker; 13 (3) The value of the [nonmarital] nondomestic union property set apart to each spouse; 14 (4) The conduct of the parties during the [marriage] contract of domestic union; and 15 (5) Custodial arrangements for minor children. 16 2. For purposes of sections 452.300 to 452.415 only, ["marital property"] "domestic 17 union property" means all property acquired by either spouse subsequent to the [marriage] 18 contract of domestic union except: 19 (1) Property acquired by gift, bequest, devise, or descent; 20 (2) Property acquired in exchange for property acquired prior to the [marriage] contract 21 of domestic union or in exchange for property acquired by gift, bequest, devise, or descent; 22 (3) Property acquired by a spouse after a decree of legal separation; 23 (4) Property excluded by valid written agreement of the parties; and 24 (5) The increase in value of property acquired prior to the [marriage] contract of 25 domestic union or pursuant to subdivisions (1) to (4) of this subsection, unless [marital] 26 domestic union assets including labor, have contributed to such increases and then only to the 27 extent of such contributions. 28 3. All property acquired by either spouse subsequent to the [marriage] contract of 29 domestic union and prior to a decree of legal separation or dissolution of [marriage] a contract 30 of domestic union is presumed to be [marital] domestic union property regardless of whether 31 title is held individually or by the spouses in some form of co-ownership such as joint tenancy, 32 tenancy in common, tenancy by the entirety, and community property. The presumption of 33 [marital] domestic union property is overcome by a showing that the property was acquired by 34 a method listed in subsection 2 of this section. 35 4. Property which would otherwise be [nonmarital] nondomestic union property shall 36 not become [marital] domestic union property solely because it may have become commingled 37 with [marital] domestic union property. 38 5. The court's order as it affects distribution of [marital] domestic union property shall 39 be a final order not subject to modification; provided, however, that orders intended to be HB 1434 288 40 qualified domestic relations orders affecting pension, profit sharing and stock bonus plans 41 pursuant to the U.S. Internal Revenue Code shall be modifiable only for the purpose of 42 establishing or maintaining the order as a qualified domestic relations order or to revise or 43 conform its terms so as to effectuate the expressed intent of the order. 44 6. A certified copy of any decree of court affecting title to real estate may be filed for 45 record in the office of the recorder of deeds of the county and state in which the real estate is 46 situated by the clerk of the court in which the decree was made. 452.335. 1. In a proceeding for nonretroactive invalidity, dissolution of [marriage] a 2 contract of domestic union, or legal separation, or a proceeding for maintenance following 3 dissolution of the [marriage] contract of domestic union by a court which lacked personal 4 jurisdiction over the absent spouse, the court may grant a maintenance order to either spouse, but 5 only if it finds that the spouse seeking maintenance: 6 (1) Lacks sufficient property, including [marital] domestic union property apportioned 7 to him or her, to provide for his or her reasonable needs; and 8 (2) Is unable to support himself or herself through appropriate employment or is the 9 custodian of a child whose condition or circumstances make it appropriate that the custodian not 10 be required to seek employment outside the home. 11 2. The maintenance order shall be in such amounts and for such periods of time as the 12 court deems just, and after considering all relevant factors including: 13 (1) The financial resources of the party seeking maintenance, including [marital] 14 domestic union property apportioned to him or her, and his or her ability to meet his or her 15 needs independently, including the extent to which a provision for support of a child living with 16 the party includes a sum for that party as custodian; 17 (2) The time necessary to acquire sufficient education or training to enable the party 18 seeking maintenance to find appropriate employment; 19 (3) The comparative earning capacity of each spouse; 20 (4) The standard of living established during the [marriage] contract of a domestic 21 union; 22 (5) The obligations and assets, including the [marital] domestic union property 23 apportioned to him or her and the separate property of each party; 24 (6) The duration of the [marriage] contract of a domestic union; 25 (7) The age, and the physical and emotional condition of the spouse seeking 26 maintenance; 27 (8) The ability of the spouse from whom maintenance is sought to meet his or her needs 28 while meeting those of the spouse seeking maintenance; 29 (9) The conduct of the parties during the [marriage] contract of a domestic union; and HB 1434 289 30 (10) Any other relevant factors. 31 3. The maintenance order shall state if it is modifiable or nonmodifiable. The court may 32 order maintenance which includes a termination date. Unless the maintenance order which 33 includes a termination date is nonmodifiable, the court may order the maintenance decreased, 34 increased, terminated, extended, or otherwise modified based upon a substantial and continuing 35 change of circumstances which occurred prior to the termination date of the original order. 452.340. 1. In a proceeding for dissolution of [marriage] a contract of domestic union, 2 legal separation or child support, the court may order either or both parents owing a duty of 3 support to a child of the [marriage] contract of domestic union to pay an amount reasonable or 4 necessary for the support of the child, including an award retroactive to the date of filing the 5 petition, without regard to [marital] domestic union misconduct, after considering all relevant 6 factors including: 7 (1) The financial needs and resources of the child; 8 (2) The financial resources and needs of the parents; 9 (3) The standard of living the child would have enjoyed had the [marriage] contract of 10 domestic union not been dissolved; 11 (4) The physical and emotional condition of the child, and the child's educational needs; 12 (5) The child's physical and legal custody arrangements, including the amount of time 13 the child spends with each parent and the reasonable expenses associated with the custody or 14 visitation arrangements; and 15 (6) The reasonable work-related child care expenses of each parent. 16 2. The obligation of the parent ordered to make support payments shall abate, in whole 17 or in part, for such periods of time in excess of thirty consecutive days that the other parent has 18 voluntarily relinquished physical custody of a child to the parent ordered to pay child support, 19 notwithstanding any periods of visitation or temporary physical and legal or physical or legal 20 custody pursuant to a judgment of dissolution or legal separation or any modification thereof. 21 In a IV-D case, the family support division may determine the amount of the abatement pursuant 22 to this subsection for any child support order and shall record the amount of abatement in the 23 automated child support system record established pursuant to chapter 454. If the case is not a 24 IV-D case and upon court order, the circuit clerk shall record the amount of abatement in the 25 automated child support system record established in chapter 454. 26 3. Unless the circumstances of the child manifestly dictate otherwise and the court 27 specifically so provides, the obligation of a parent to make child support payments shall 28 terminate when the child: 29 (1) Dies; 30 (2) [Marries] Becomes a party to a contract of domestic union; HB 1434 290 31 (3) Enters active duty in the military; 32 (4) Becomes self-supporting, provided that the custodial parent has relinquished the child 33 from parental control by express or implied consent; 34 (5) Reaches age eighteen, unless the provisions of subsection 4 or 5 of this section apply; 35 or 36 (6) Reaches age twenty-one, unless the provisions of the child support order specifically 37 extend the parental support order past the child's twenty-first birthday for reasons provided by 38 subsection 4 of this section. 39 4. If the child is physically or mentally incapacitated from supporting himself or herself 40 and insolvent and [unmarried] not a party to a contract of domestic union, the court may 41 extend the parental support obligation past the child's eighteenth birthday. 42 5. If when a child reaches age eighteen, the child is enrolled in and attending a secondary 43 school program of instruction, the parental support obligation shall continue, if the child 44 continues to attend and progresses toward completion of said program, until the child completes 45 such program or reaches age twenty-one, whichever first occurs. If the child is enrolled in an 46 institution of vocational or higher education not later than October first following graduation 47 from a secondary school or completion of a graduation equivalence degree program and so long 48 as the child enrolls for and completes at least twelve hours of credit each semester, not including 49 the summer semester, at an institution of vocational or higher education and achieves grades 50 sufficient to reenroll at such institution, the parental support obligation shall continue until the 51 child completes his or her education, or until the child reaches the age of twenty-one, whichever 52 first occurs. To remain eligible for such continued parental support, at the beginning of each 53 semester the child shall submit to each parent a transcript or similar official document provided 54 by the institution of vocational or higher education which includes the courses the child is 55 enrolled in and has completed for each term, the grades and credits received for each such 56 course, and an official document from the institution listing the courses which the child is 57 enrolled in for the upcoming term and the number of credits for each such course. When 58 enrolled in at least twelve credit hours, if the child receives failing grades in half or more of his 59 or her courseload in any one semester, payment of child support may be terminated and shall not 60 be eligible for reinstatement. Upon request for notification of the child's grades by the 61 noncustodial parent, the child shall produce the required documents to the noncustodial parent 62 within thirty days of receipt of grades from the education institution. If the child fails to produce 63 the required documents, payment of child support may terminate without the accrual of any child 64 support arrearage and shall not be eligible for reinstatement. If the circumstances of the child 65 manifestly dictate, the court may waive the October first deadline for enrollment required by this 66 subsection. If the child is enrolled in such an institution, the child or parent obligated to pay HB 1434 291 67 support may petition the court to amend the order to direct the obligated parent to make the 68 payments directly to the child. As used in this section, an "institution of vocational education" 69 means any postsecondary training or schooling for which the student is assessed a fee and attends 70 classes regularly. "Higher education" means any community college, college, or university at 71 which the child attends classes regularly. A child who has been diagnosed with a developmental 72 disability, as defined in section 630.005, or whose physical disability or diagnosed health 73 problem limits the child's ability to carry the number of credit hours prescribed in this subsection, 74 shall remain eligible for child support so long as such child is enrolled in and attending an 75 institution of vocational or higher education, and the child continues to meet the other 76 requirements of this subsection. A child who is employed at least fifteen hours per week during 77 the semester may take as few as nine credit hours per semester and remain eligible for child 78 support so long as all other requirements of this subsection are complied with. 79 6. The court shall consider ordering a parent to waive the right to claim the tax 80 dependency exemption for a child enrolled in an institution of vocational or higher education in 81 favor of the other parent if the application of state and federal tax laws and eligibility for 82 financial aid will make an award of the exemption to the other parent appropriate. 83 7. The general assembly finds and declares that it is the public policy of this state that 84 frequent, continuing and meaningful contact with both parents after the parents have separated 85 or dissolved their [marriage] contract of domestic union is in the best interest of the child 86 except for cases where the court specifically finds that such contact is not in the best interest of 87 the child. In order to effectuate this public policy, a court with jurisdiction shall enforce 88 visitation, custody and child support orders in the same manner. A court with jurisdiction may 89 abate, in whole or in part, any past or future obligation of support and may transfer the physical 90 and legal or physical or legal custody of one or more children if it finds that a parent has, without 91 good cause, failed to provide visitation or physical and legal or physical or legal custody to the 92 other parent pursuant to the terms of a judgment of dissolution, legal separation or modifications 93 thereof. The court shall also award, if requested and for good cause shown, reasonable expenses, 94 attorney's fees and court costs incurred by the prevailing party. 95 8. The Missouri supreme court shall have in effect a rule establishing guidelines by 96 which any award of child support shall be made in any judicial or administrative proceeding. 97 Said guidelines shall contain specific, descriptive and numeric criteria which will result in a 98 computation of the support obligation. The guidelines shall address how the amount of child 99 support shall be calculated when an award of joint physical custody results in the child or 100 children spending equal or substantially equal time with both parents and the directions and 101 comments and any tabular representations of the directions and comments for completion of the 102 child support guidelines and a subsequent form developed to reflect the guidelines shall reflect HB 1434 292 103 the ability to obtain up to a fifty percent adjustment or credit below the basic child support 104 amount for joint physical custody or visitation as described in subsection 11 of this section. The 105 Missouri supreme court shall publish child support guidelines and specifically list and explain 106 the relevant factors and assumptions that were used to calculate the child support guidelines. 107 Any rule made pursuant to this subsection shall be reviewed by the promulgating body not less 108 than once every four years to ensure that its application results in the determination of 109 appropriate child support award amounts. 110 9. There shall be a rebuttable presumption, in any judicial or administrative proceeding 111 for the award of child support, that the amount of the award which would result from the 112 application of the guidelines established pursuant to subsection 8 of this section is the correct 113 amount of child support to be awarded. A written finding or specific finding on the record in a 114 judicial or administrative proceeding that the application of the guidelines would be unjust or 115 inappropriate in a particular case, after considering all relevant factors, including the factors set 116 out in subsection 1 of this section, shall be required and shall be sufficient to rebut the 117 presumption in the case. The written finding or specific finding on the record shall detail the 118 specific relevant factors that required a deviation from the application of the guidelines. 119 10. Pursuant to this or any other chapter, when a court determines the amount owed by 120 a parent for support provided to a child by another person, other than a parent, prior to the date 121 of filing of a petition requesting support, or when the director of the family support division 122 establishes the amount of state debt due pursuant to subdivision (2) of subsection 1 of section 123 454.465, the court or director shall use the guidelines established pursuant to subsection 8 of this 124 section. The amount of child support resulting from the application of the guidelines shall be 125 applied retroactively for a period prior to the establishment of a support order and the length of 126 the period of retroactivity shall be left to the discretion of the court or director. There shall be 127 a rebuttable presumption that the amount resulting from application of the guidelines under 128 subsection 8 of this section constitutes the amount owed by the parent for the period prior to the 129 date of the filing of the petition for support or the period for which state debt is being established. 130 In applying the guidelines to determine a retroactive support amount, when information as to 131 average monthly income is available, the court or director may use the average monthly income 132 of the noncustodial parent, as averaged over the period of retroactivity, in determining the 133 amount of presumed child support owed for the period of retroactivity. The court or director may 134 enter a different amount in a particular case upon finding, after consideration of all relevant 135 factors, including the factors set out in subsection 1 of this section, that there is sufficient cause 136 to rebut the presumed amount. 137 11. The court may award child support in an amount that provides up to a fifty percent 138 adjustment below the basic child support amount authorized by the child support guidelines HB 1434 293 139 described under subsection 8 of this section for custody awards of joint physical custody where 140 the child or children spend equal or substantially equal time with both parents. 141 12. The obligation of a parent to make child support payments may be terminated as 142 follows: 143 (1) Provided that the state case registry or child support order contains the child's date 144 of birth, the obligation shall be deemed terminated without further judicial or administrative 145 process when the child reaches age twenty-one if the child support order does not specifically 146 require payment of child support beyond age twenty-one for reasons provided by subsection 4 147 of this section; 148 (2) The obligation shall be deemed terminated without further judicial or administrative 149 process when the parent receiving child support furnishes a sworn statement or affidavit 150 notifying the obligor parent of the child's emancipation in accordance with the requirements of 151 subsection 4 of section 452.370, and a copy of such sworn statement or affidavit is filed with the 152 court which entered the order establishing the child support obligation, or the family support 153 division for an order entered under section 454.470; 154 (3) The obligation shall be deemed terminated without further judicial or administrative 155 process when the parent paying child support files a sworn statement or affidavit with the court 156 which entered the order establishing the child support obligation, or the family support division 157 for an order entered under section 454.470, stating that the child is emancipated and reciting the 158 factual basis for such statement; which statement or affidavit is served by the court or division, 159 as applicable, on the child support obligee; and which is either acknowledged and affirmed by 160 the child support obligee in writing, or which is not responded to in writing within thirty days 161 of receipt by the child support obligee; 162 (4) The obligation shall be terminated as provided by this subdivision by the court which 163 entered the order establishing the child support obligation, or the family support division for an 164 order entered under section 454.470, when the parent paying child support files a sworn 165 statement or affidavit with the court which entered the order establishing the child support 166 obligation, or the family support division, as applicable, stating that the child is emancipated and 167 reciting the factual basis for such statement; and which statement or affidavit is served by the 168 court or division, as applicable, on the child support obligee. If the obligee denies the statement 169 or affidavit, the court or division shall thereupon treat the sworn statement or affidavit as a 170 request for hearing and shall proceed to hear and adjudicate such request for hearing as provided 171 by law; provided that the court may require the payment of a deposit as security for court costs 172 and any accrued court costs, as provided by law, in relation to such request for hearing. When 173 the division receives a request for hearing, the hearing shall be held in the manner provided by 174 section 454.475. HB 1434 294 175 13. The court may enter a judgment terminating child support pursuant to subdivisions 176 (1) to (3) of subsection 12 of this section without necessity of a court appearance by either party. 177 The clerk of the court shall mail a copy of a judgment terminating child support entered pursuant 178 to subsection 12 of this section on both the obligor and obligee parents. The supreme court may 179 promulgate uniform forms for sworn statements and affidavits to terminate orders of child 180 support obligations for use pursuant to subsection 12 of this section and subsection 4 of section 181 452.370. 452.360. 1. A judgment of dissolution of [marriage] a contract of domestic union or 2 of legal separation is final when entered, subject to the right of appeal. An appeal from a 3 judgment of dissolution that does not challenge the finding that the [marriage] contract of 4 domestic union is irretrievably broken does not delay the finality of that provision of the 5 judgment which dissolves the [marriage] contract of domestic union beyond the time for 6 appealing from that provision, so that either of the parties may [remarry] become parties to new 7 contracts of domestic union pending appeal. 8 2. The court's judgment of dissolution of [marriage] a contract of domestic union or 9 legal separation as it affects distribution of [marital] domestic union property shall be a final 10 judgment not subject to modification. 11 3. No earlier than ninety days after entry of a judgment of legal separation, on motion 12 of either party, the court may convert the judgment of legal separation to a judgment of 13 dissolution of [marriage] a contract of domestic union. 14 4. On motion of both parties, the court shall set aside a judgment of legal separation. 15 5. The circuit clerk shall give notice of the entry of a judgment of legal separation or 16 dissolution to the department of social services. 452.370. 1. Except as otherwise provided in subsection 6 of section 452.325, the 2 provisions of any judgment respecting maintenance or support may be modified only upon a 3 showing of changed circumstances so substantial and continuing as to make the terms 4 unreasonable. In a proceeding for modification of any child support or maintenance judgment, 5 the court, in determining whether or not a substantial change in circumstances has occurred, shall 6 consider all financial resources of both parties, including the extent to which the reasonable 7 expenses of either party are, or should be, shared by a spouse or other person with whom he or 8 she cohabits, and the earning capacity of a party who is not employed. If the application of the 9 child support guidelines and criteria set forth in section 452.340 and applicable supreme court 10 rules to the financial circumstances of the parties would result in a change of child support from 11 the existing amount by twenty percent or more, a prima facie showing has been made of a change 12 of circumstances so substantial and continuing as to make the present terms unreasonable, if the 13 existing amount was based upon the presumed amount pursuant to the child support guidelines. HB 1434 295 14 2. When the party seeking modification has met the burden of proof set forth in 15 subsection 1 of this section, the child support shall be determined in conformity with criteria set 16 forth in section 452.340 and applicable supreme court rules. 17 3. Unless otherwise agreed in writing or expressly provided in the judgment, the 18 obligation to pay future statutory maintenance is terminated upon the death of either party or [the 19 remarriage] a new contract of domestic union of the party receiving maintenance. 20 4. Unless otherwise agreed in writing or expressly provided in the judgment, provisions 21 for the support of a child are terminated by emancipation of the child. The parent entitled to 22 receive child support shall have the duty to notify the parent obligated to pay support of the 23 child's emancipation and failing to do so, the parent entitled to receive child support shall be 24 liable to the parent obligated to pay support for child support paid following emancipation of a 25 minor child, plus interest. 26 5. If a parent has made an assignment of support rights to the family support division on 27 behalf of the state as a condition of eligibility for benefits pursuant to the Temporary Assistance 28 for Needy Families program and either party initiates a motion to modify the support obligation 29 by reducing it, the state of Missouri shall be named as a party to the proceeding. The state shall 30 be served with a copy of the motion by sending it by certified mail to the director of the family 31 support division. 32 6. The court shall have continuing personal jurisdiction over both the obligee and the 33 obligor of a court order for child support or maintenance for the purpose of modifying such 34 order. Both obligee and obligor shall notify, in writing, the clerk of the court in which the 35 support or maintenance order was entered of any change of mailing address. If personal service 36 of the motion cannot be had in this state, the motion to modify and notice of hearing shall be 37 served outside the state as provided by supreme court rule 54.14. The order may be modified 38 only as to support or maintenance installments which accrued subsequent to the date of personal 39 service. For the purpose of 42 U.S.C. Section 666(a)(9)(C), the circuit clerk shall be considered 40 the appropriate agent to receive notice of the motion to modify for the obligee or the obligor, but 41 only in those instances in which personal service could not be had in this state. 42 7. If a responsive pleading raising the issues of custody or visitation is filed in response 43 to a motion to modify child support filed at the request of the family support division by a 44 prosecuting attorney or circuit attorney or an attorney under contract with the division, such 45 responsive pleading shall be severed upon request. 46 8. Notwithstanding any provision of this section which requires a showing of substantial 47 and continuing change in circumstances, in a IV-D case filed pursuant to this section by the 48 family support division as provided in section 454.400, the court shall modify a support order 49 in accordance with the guidelines and criteria set forth in supreme court rule 88.01 and any HB 1434 296 50 regulations thereunder if the amount in the current order differs from the amount which would 51 be ordered in accordance with such guidelines or regulations. 452.372. 1. When a person files a petition for dissolution of [marriage] a contract of 2 domestic union, or legal separation and the custody or visitation of a minor child is involved, 3 the court shall order all parties to the action to attend educational sessions pursuant to section 4 452.605. Parties to a modification proceeding who previously have attended educational 5 sessions pursuant to section 452.605 may also be required to attend such educational sessions. 6 2. In cases involving custody or visitation issues, the court may, except for good cause 7 shown or as provided in subsection 3 of this section, order the parties to the action to participate 8 in an alternative dispute resolution program pursuant to supreme court rule to resolve any issues 9 in dispute or may set a hearing on the matter. As used in this section, "good cause" includes, but 10 is not limited to, uncontested custody or temporary physical custody cases, or a finding of 11 domestic violence or abuse as determined by a court with jurisdiction after all parties have 12 received notice and an opportunity to be heard, but does not mean the absence of qualified 13 mediators. 14 3. Any alternative dispute resolution program ordered by the court pursuant to this 15 section may be paid for by the parties in a proportion to be determined by the court, the cost of 16 which shall be reasonable and customary for the circuit in which the program is ordered, and 17 shall: 18 (1) Not be binding on the parties; 19 (2) Not be ordered or used for contempt proceedings; 20 (3) Not be ordered or utilized for child support issues; and 21 (4) Not be used to modify a prior order of the court, except by agreement of the parties. 22 4. Within one hundred twenty days after August 28, 1998, the Missouri supreme court 23 shall have a rule in effect allowing, but not requiring, each circuit to establish an alternative 24 dispute resolution program for proceedings involving issues of custody and temporary physical 25 custody relating to the child. 452.375. 1. As used in this chapter, unless the context clearly indicates otherwise: 2 (1) "Custody" means joint legal custody, sole legal custody, joint physical custody or sole 3 physical custody or any combination thereof; 4 (2) "Joint legal custody" means that the parents share the decision-making rights, 5 responsibilities, and authority relating to the health, education and welfare of the child, and, 6 unless allocated, apportioned, or decreed, the parents shall confer with one another in the 7 exercise of decision-making rights, responsibilities, and authority; 8 (3) "Joint physical custody" means an order awarding each of the parents significant, but 9 not necessarily equal, periods of time during which a child resides with or is under the care and HB 1434 297 10 supervision of each of the parents. Joint physical custody shall be shared by the parents in such 11 a way as to assure the child of frequent, continuing and meaningful contact with both parents; 12 (4) "Third-party custody" means a third party designated as a legal and physical 13 custodian pursuant to subdivision (5) of subsection 5 of this section. 14 2. The court shall determine custody in accordance with the best interests of the child. 15 When the parties have not reached an agreement on all issues related to custody, the court shall 16 consider all relevant factors and enter written findings of fact and conclusions of law, including, 17 but not limited to, the following: 18 (1) The wishes of the child's parents as to custody and the proposed parenting plan 19 submitted by both parties; 20 (2) The needs of the child for a frequent, continuing and meaningful relationship with 21 both parents and the ability and willingness of parents to actively perform their functions as 22 mother and father for the needs of the child; 23 (3) The interaction and interrelationship of the child with parents, siblings, and any other 24 person who may significantly affect the child's best interests; 25 (4) Which parent is more likely to allow the child frequent, continuing and meaningful 26 contact with the other parent; 27 (5) The child's adjustment to the child's home, school, and community; 28 (6) The mental and physical health of all individuals involved, including any history of 29 abuse of any individuals involved. If the court finds that a pattern of domestic violence as 30 defined in section 455.010 has occurred, and, if the court also finds that awarding custody to the 31 abusive parent is in the best interest of the child, then the court shall enter written findings of fact 32 and conclusions of law. Custody and visitation rights shall be ordered in a manner that best 33 protects the child and any other child or children for whom the parent has custodial or visitation 34 rights, and the parent or other family or household member who is the victim of domestic 35 violence from any further harm; 36 (7) The intention of either parent to relocate the principal residence of the child; and 37 (8) The wishes of a child as to the child's custodian. The fact that a parent sends his or 38 her child or children to a home school, as defined in section 167.031, shall not be the sole factor 39 that a court considers in determining custody of such child or children. 40 3. (1) In any court proceedings relating to custody of a child, the court shall not award 41 custody or unsupervised visitation of a child to a parent if such parent or any person residing with 42 such parent has been found guilty of, or pled guilty to, any of the following offenses when a child 43 was the victim: HB 1434 298 44 (a) A felony violation of section 566.030, 566.032, 566.031, 566.060, 566.062, 566.064, 45 566.067, 566.068, 566.061, 566.083, 566.101, 566.100, 566.111, 566.151, 566.203, 566.206, 46 566.209, 566.211, or 566.215; 47 (b) A violation of section 568.020; 48 (c) A violation of subdivision (2) of subsection 1 of section 568.060; 49 (d) A violation of section 568.065; 50 (e) A violation of section 573.200; 51 (f) A violation of section 573.205; or 52 (g) A violation of section 568.175. 53 (2) For all other violations of offenses in chapters 566 and 568 not specifically listed in 54 subdivision (1) of this subsection or for a violation of an offense committed in another state 55 when a child is the victim that would be a violation of chapter 566 or 568 if committed in 56 Missouri, the court may exercise its discretion in awarding custody or visitation of a child to a 57 parent if such parent or any person residing with such parent has been found guilty of, or pled 58 guilty to, any such offense. 59 4. The general assembly finds and declares that it is the public policy of this state that 60 frequent, continuing and meaningful contact with both parents after the parents have separated 61 or dissolved their [marriage] contract of domestic union is in the best interest of the child, 62 except for cases where the court specifically finds that such contact is not in the best interest of 63 the child, and that it is the public policy of this state to encourage parents to participate in 64 decisions affecting the health, education and welfare of their children, and to resolve disputes 65 involving their children amicably through alternative dispute resolution. In order to effectuate 66 these policies, the court shall determine the custody arrangement which will best assure both 67 parents participate in such decisions and have frequent, continuing and meaningful contact with 68 their children so long as it is in the best interests of the child. 69 5. Prior to awarding the appropriate custody arrangement in the best interest of the child, 70 the court shall consider each of the following as follows: 71 (1) Joint physical and joint legal custody to both parents, which shall not be denied 72 solely for the reason that one parent opposes a joint physical and joint legal custody award. The 73 residence of one of the parents shall be designated as the address of the child for mailing and 74 educational purposes; 75 (2) Joint physical custody with one party granted sole legal custody. The residence of one 76 of the parents shall be designated as the address of the child for mailing and educational 77 purposes; 78 (3) Joint legal custody with one party granted sole physical custody; 79 (4) Sole custody to either parent; or HB 1434 299 80 (5) Third-party custody or visitation: 81 (a) When the court finds that each parent is unfit, unsuitable, or unable to be a custodian, 82 or the welfare of the child requires, and it is in the best interests of the child, then custody, 83 temporary custody or visitation may be awarded to any other person or persons deemed by the 84 court to be suitable and able to provide an adequate and stable environment for the child. Before 85 the court awards custody, temporary custody or visitation to a third person under this 86 subdivision, the court shall make that person a party to the action; 87 (b) Under the provisions of this subsection, any person may petition the court to 88 intervene as a party in interest at any time as provided by supreme court rule. 89 6. If the parties have not agreed to a custodial arrangement, or the court determines such 90 arrangement is not in the best interest of the child, the court shall include a written finding in the 91 judgment or order based on the public policy in subsection 4 of this section and each of the 92 factors listed in subdivisions (1) to (8) of subsection 2 of this section detailing the specific 93 relevant factors that made a particular arrangement in the best interest of the child. If a proposed 94 custodial arrangement is rejected by the court, the court shall include a written finding in the 95 judgment or order detailing the specific relevant factors resulting in the rejection of such 96 arrangement. 97 7. Upon a finding by the court that either parent has refused to exchange information 98 with the other parent, which shall include but not be limited to information concerning the 99 health, education and welfare of the child, the court shall order the parent to comply immediately 100 and to pay the prevailing party a sum equal to the prevailing party's cost associated with 101 obtaining the requested information, which shall include but not be limited to reasonable 102 attorney's fees and court costs. 103 8. As between the parents of a child, no preference may be given to either parent in the 104 awarding of custody because of that parent's age, sex, or financial status, nor because of the age 105 or sex of the child. The court shall not presume that a parent, solely because of his or her sex, 106 is more qualified than the other parent to act as a joint or sole legal or physical custodian for the 107 child. 108 9. Any judgment providing for custody shall include a specific written parenting plan 109 setting forth the terms of such parenting plan arrangements specified in subsection 8 of section 110 452.310. Such plan may be a parenting plan submitted by the parties pursuant to section 452.310 111 or, in the absence thereof, a plan determined by the court, but in all cases, the custody plan 112 approved and ordered by the court shall be in the court's discretion and shall be in the best 113 interest of the child. 114 10. After August 28, 2016, every court order establishing or modifying custody or 115 visitation shall include the following language: "In the event of noncompliance with this order, HB 1434 300 116 the aggrieved party may file a verified motion for contempt. If custody, visitation, or third-party 117 custody is denied or interfered with by a parent or third party without good cause, the aggrieved 118 person may file a family access motion with the court stating the specific facts that constitute a 119 violation of the custody provisions of the judgment of dissolution, legal separation, or judgment 120 of paternity. The circuit clerk will provide the aggrieved party with an explanation of the 121 procedures for filing a family access motion and a simple form for use in filing the family access 122 motion. A family access motion does not require the assistance of legal counsel to prepare and 123 file.". 124 11. No court shall adopt any local rule, form, or practice requiring a standardized or 125 default parenting plan for interim, temporary, or permanent orders or judgments. 126 Notwithstanding any other provision of law to the contrary, a court may enter an interim order 127 in a proceeding under this chapter, provided that the interim order shall not contain any 128 provisions about child custody or a parenting schedule or plan without first providing the parties 129 with notice and a hearing, unless the parties otherwise agree. 130 12. Unless a parent has been denied custody rights pursuant to this section or visitation 131 rights under section 452.400, both parents shall have access to records and information 132 pertaining to a minor child including, but not limited to, medical, dental, and school records. If 133 the parent without custody has been granted restricted or supervised visitation because the court 134 has found that the parent with custody or any child has been the victim of domestic violence, as 135 defined in section 455.010, by the parent without custody, the court may order that the reports 136 and records made available pursuant to this subsection not include the address of the parent with 137 custody or the child. Unless a parent has been denied custody rights pursuant to this section or 138 visitation rights under section 452.400, any judgment of dissolution or other applicable court 139 order shall specifically allow both parents access to such records and reports. 140 13. Except as otherwise precluded by state or federal law, if any individual, professional, 141 public or private institution or organization denies access or fails to provide or disclose any and 142 all records and information, including, but not limited to, past and present dental, medical and 143 school records pertaining to a minor child, to either parent upon the written request of such 144 parent, the court shall, upon its finding that the individual, professional, public or private 145 institution or organization denied such request without good cause, order that party to comply 146 immediately with such request and to pay to the prevailing party all costs incurred, including, but 147 not limited to, attorney's fees and court costs associated with obtaining the requested information. 148 14. An award of joint custody does not preclude an award of child support pursuant to 149 section 452.340 and applicable supreme court rules. The court shall consider the factors 150 contained in section 452.340 and applicable supreme court rules in determining an amount 151 reasonable or necessary for the support of the child. HB 1434 301 152 15. If the court finds that domestic violence or abuse as defined in section 455.010 has 153 occurred, the court shall make specific findings of fact to show that the custody or visitation 154 arrangement ordered by the court best protects the child and the parent or other family or 155 household member who is the victim of domestic violence, as defined in section 455.010, and 156 any other children for whom such parent has custodial or visitation rights from any further harm. 452.380. 1. A party to a custody proceeding may move for a temporary custody order. 2 The motion must be supported by an affidavit. The court may award temporary custody after a 3 hearing or, if there is no objection, solely on the basis of the affidavits. 4 2. If a proceeding for dissolution of [marriage] a contract of domestic union or legal 5 separation is dismissed, any temporary custody order is vacated unless a parent or the child's 6 custodian moves that the proceeding continue as a custody proceeding and the court finds, after 7 a hearing, that the circumstances of the parents and the best interest of the child require that a 8 custody decree be issued. 452.402. 1. The court may grant reasonable visitation rights to the grandparents of the 2 child and issue any necessary orders to enforce the decree. The court may grant grandparent 3 visitation when: 4 (1) The parents of the child have filed for a dissolution of their [marriage] contract of 5 domestic union. A grandparent shall have the right to intervene in any dissolution action solely 6 on the issue of visitation rights. Grandparents shall also have the right to file a motion to modify 7 the original decree of dissolution to seek visitation rights when visitation has been denied to 8 them; or 9 (2) One parent of the child is deceased and the surviving parent denies reasonable 10 visitation to a parent of the deceased parent of the child; or 11 (3) The child has resided in the grandparent's home for at least six months within the 12 twenty-four month period immediately preceding the filing of the petition; and 13 (4) A grandparent is unreasonably denied visitation with the child for a period exceeding 14 ninety days. However, if the natural parents are legally [married to] parties to a contract of 15 domestic union with each other and are living together with the child, a grandparent may not 16 file for visitation pursuant to this subdivision. 17 2. The court shall determine if the visitation by the grandparent would be in the child's 18 best interest or if it would endanger the child's physical health or impair the child's emotional 19 development. Visitation may only be ordered when the court finds such visitation to be in the 20 best interests of the child. However, when the parents of the child are legally [married to] 21 parties to a contract of domestic union with each other and are living together with the child, 22 it shall be a rebuttable presumption that such parents know what is in the best interest of the 23 child. The court may order reasonable conditions or restrictions on grandparent visitation. HB 1434 302 24 3. If the court finds it to be in the best interests of the child, the court may appoint a 25 guardian ad litem for the child. The guardian ad litem shall be an attorney licensed to practice 26 law in Missouri. The guardian ad litem may, for the purpose of determining the question of 27 grandparent visitation rights, participate in the proceedings as if such guardian ad litem were a 28 party. The court shall enter judgment allowing a reasonable fee to the guardian ad litem. 29 4. A home study, as described by section 452.390, may be ordered by the court to assist 30 in determining the best interests of the child. 31 5. The court may, in its discretion, consult with the child regarding the child's wishes in 32 determining the best interest of the child. 33 6. The right of a grandparent to maintain visitation rights pursuant to this section may 34 terminate upon the adoption of the child. 35 7. The court may award reasonable attorneys fees and expenses to the prevailing party. 452.412. 1. A party's absence, relocation, or failure to comply with custody and 2 visitation orders shall not, by itself, be sufficient to justify a modification of a custody or 3 visitation order if the reason for the absence, relocation, or failure to comply is the party's 4 activation to military service and deployment out-of-state. 5 2. For a party in active military service and deployed out-of-state, any court order: 6 (1) Issued or modified regarding child custody or visitation during the time of such 7 out-of-state military deployment of the party, including as part of an entry of decree of 8 dissolution of [marriage] a contract of domestic union, or legal separation, shall be temporary 9 in nature and shall not exceed the length of time of such deployment; 10 (2) Issued regarding ex parte adult or child orders of protection under sections 455.010 11 to 455.085 or sections 455.500 to 455.538, during the time of such out-of-state military 12 deployment of the party, may be extended beyond the initial fifteen days required under sections 13 455.040 and 455.516. Such orders issued under this subdivision shall be temporary in nature and 14 shall not exceed the length of time of such deployment. Upon such party's return from 15 out-of-state military deployment, the party shall be given an opportunity to be heard on the child 16 custody and visitation order or ex parte order of protection prior to a permanent order being 17 entered by the court as to such issues. If the party in active military service knowingly and 18 voluntarily signs a written waiver to the right to have such a hearing upon the party's return from 19 out-of-state military deployment, the court may issue a permanent order on the issues under this 20 section. 452.423. 1. In all proceedings for child custody or for dissolution of [marriage] a 2 contract of domestic union, or legal separation where custody, visitation, or support of a child 3 is a contested issue, the court may appoint a guardian ad litem. Disqualification of a guardian 4 ad litem shall be ordered in any legal proceeding only pursuant to this chapter, upon the filing HB 1434 303 5 of a written application by any party within ten days of appointment, or within ten days of 6 August 28, 1998, if the appointment occurs prior to August 28, 1998. Each party shall be 7 entitled to one disqualification of a guardian ad litem appointed under this subsection in each 8 proceeding, except a party may be entitled to additional disqualifications of a guardian ad litem 9 for good cause shown. 10 2. The court shall appoint a guardian ad litem in any proceeding in which child abuse 11 or neglect is alleged. 12 3. The guardian ad litem shall: 13 (1) Be the legal representative of the child at the hearing, and may examine, 14 cross-examine, subpoena witnesses and offer testimony; 15 (2) Prior to the hearing, conduct all necessary interviews with persons having contact 16 with or knowledge of the child in order to ascertain the child's wishes, feelings, attachments and 17 attitudes. If appropriate, the child should be interviewed; 18 (3) Request the juvenile officer to cause a petition to be filed in the juvenile division of 19 the circuit court if the guardian ad litem believes the child alleged to be abused or neglected is 20 in danger. 21 4. The appointing judge shall require the guardian ad litem to faithfully discharge such 22 guardian ad litem's duties, and upon failure to do so shall discharge such guardian ad litem and 23 appoint another. The judge in making appointments pursuant to this section shall give preference 24 to persons who served as guardian ad litem for the child in the earlier proceeding, unless there 25 is a reason on the record for not giving such preference. 26 5. The guardian ad litem shall be awarded a reasonable fee for such services to be set by 27 the court. The court, in its discretion, may: 28 (1) Issue a direct payment order to the parties. If a party fails to comply with the court's 29 direct payment order, the court may find such party to be in contempt of court; or 30 (2) Award such fees as a judgment to be paid by any party to the proceedings or from 31 public funds. Such an award of guardian fees shall constitute a final judgment in favor of the 32 guardian ad litem. Such final judgment shall be enforceable against the parties in accordance 33 with chapter 513. 452.430. All pleadings and filings in a dissolution of [marriage] a contract of domestic 2 union, legal separation, or modification proceeding filed more than seventy-two years prior to 3 the time a request for inspection is made may be made available to the public. Any pleadings, 4 other than the interlocutory or final judgment or any modification thereof, in a dissolution of 5 [marriage] a contract of domestic union, legal separation, or modification proceeding filed prior 6 to August 28, 2009, but less than seventy-two years prior to the time a request for inspection is 7 made, shall be subject to inspection only by the parties, an attorney of record, the family support HB 1434 304 8 division within the department of social services when services are being provided under section 9 454.400, the attorney general or his or her designee, a person or designee of a person licensed 10 and acting under chapter 381 who shall keep any information obtained confidential, except as 11 necessary to the performance of functions required by chapter 381, or upon order of the court for 12 good cause shown. Such persons may receive or make copies of documents without the clerk 13 being required to redact the Social Security number, unless the court specifically orders the clerk 14 to do otherwise. The clerk shall redact the Social Security number from any copy of a judgment 15 or satisfaction of judgment before releasing the copy of the interlocutory or final judgment or 16 satisfaction of judgment to the public. 452.600. The circuit courts, by local rule, shall establish a program of educational 2 sessions for parties to actions for dissolution of [marriage] a contract of domestic union or in 3 postjudgment proceedings involving custody or support, concerning the effects of dissolution 4 of [marriage] a contract of domestic union on minor children of the [marriage] contract of 5 domestic union, and the benefits of alternative dispute resolution, including mediation. In lieu 6 of establishing such a program, the circuit court may, by local rule, designate a similar program 7 of educational sessions offered by a private or public entity. 452.605. In an action for dissolution of [marriage] a contract of domestic union, or 2 legal separation involving minor children, or in a postjudgment proceeding wherein custody of 3 minor children is to be determined by the court, the court shall, except for good cause, unless 4 otherwise provided by local rule, order the parties to attend educational sessions concerning the 5 effects of custody and the dissolution of [marriage] a contract of domestic union on children. 6 As used in this section "good cause" includes, but is not limited to, situations where the parties 7 have stipulated to the custody and visitation of the child, or a finding by a court with jurisdiction 8 after all parties have received notice and an opportunity to be heard that the safety of a party or 9 child may be endangered by attending the educational sessions. The court may order the minor 10 children to attend age-appropriate educational sessions. 453.090. 1. When a child is adopted in accordance with the provisions of this chapter, 2 all legal relationships and all rights and duties between such child and his or her natural parents 3 (other than a natural parent who joins in the petition for adoption as provided in section 453.010) 4 shall cease and determine. Such child shall thereafter be deemed and held to be for every 5 purpose the child of his or her parent or parents by adoption, as fully as though born to him or 6 her or them in lawful [wedlock] contract of domestic union. 7 2. Such child shall be capable of inheriting from, and as the child of, his or her parent 8 or parents by adoption as fully as though born to him or her or them in lawful [wedlock] 9 contract of domestic union and, if a minor, shall be entitled to proper support, nurture and care 10 from his parent or parents by adoption. HB 1434 305 11 3. The parent or parents by adoption shall be capable of inheriting from and as the parent 12 or parents of their adopted child as fully as though such child had been born to him or her or 13 them in lawful [wedlock] contract of domestic union, and, if such child is a minor, shall be 14 entitled to the services, wages, control and custody of such adopted child. 15 4. The adopted child shall be capable of inheriting from and taking through his or her 16 parent or parents by adoption property limited expressly to heirs of the body of such parent or 17 parents by adoption. 18 5. The word "child" as used in this section, shall, unless the context hereof otherwise 19 requires, be construed to mean either a person under or over the age of eighteen years. 453.170. 1. When an adoption occurs pursuant to the laws of other states of the United 2 States, Missouri shall, from the date of adoption hold the adopted person to be for every purpose 3 the lawful child of its parent or parents by adoption as fully as though born to them in lawful 4 [wedlock] contract of domestic union, and such adoption shall have the same force and effect 5 as adoption pursuant to the provisions of this chapter, including all inheritance rights. 6 2. When an adoption occurs in a foreign country and the adopted child has migrated to 7 the United States with the permission of the United States Department of Justice and the United 8 States Department of Immigration and Naturalization Services, this state shall recognize the 9 adoption. The department of health and senior services, upon receipt of proof of adoption as 10 required in subsection 7 of section 193.125, shall issue a birth certificate for the adopted child 11 upon request on forms prescribed and furnished by the state registrar pursuant to section 193.125. 12 3. The adoptive parent or parents may petition the court pursuant to this section to 13 request a change of name. The petition shall include a certified copy of the decree of adoption 14 issued by the foreign country and documentation from the United States Department of Justice 15 and the United States Department of Immigration and Naturalization Services which shows the 16 child lawfully entered the United States. The court shall recognize and give effect to the decree 17 of the foreign country and grant a decree of recognition of the adoption and shall change the 18 name of the adopted child to the name given by the adoptive parent, if such a request has been 19 made. 454.440. 1. As used in this section, unless the context clearly indicates otherwise, the 2 following terms mean: 3 (1) "Business" includes any corporation, partnership, association, individual, and labor 4 or other organization including, but not limited to, a public utility or cable company; 5 (2) "Division", the Missouri family support division of the department of social services; 6 (3) "Financial entity" includes any bank, trust company, savings and loan association, 7 credit union, insurance company, or any corporation, association, partnership, or individual 8 receiving or accepting money or its equivalent on deposit as a business; HB 1434 306 9 (4) "Government agency", any department, board, bureau or other agency of this state 10 or any political subdivision of the state; 11 (5) "Information" includes, but is not necessarily limited to, the following items: 12 (a) Full name of the parent; 13 (b) Social Security number of the parent; 14 (c) Date of birth of the parent; 15 (d) Last known mailing and residential address of the parent; 16 (e) Amount of wages, salaries, earnings or commissions earned by or paid to the parent; 17 (f) Number of dependents declared by the parent on state and federal tax information and 18 reporting forms; 19 (g) Name of company, policy numbers and dependent coverage for any medical 20 insurance carried by or on behalf of the parent; 21 (h) Name of company, policy numbers and cash values, if any, for any life insurance 22 policies or annuity contracts, carried by or on behalf of, or owned by, the parent; 23 (i) Any retirement benefits, pension plans or stock purchase plans maintained on behalf 24 of, or owned by, the parent and the values thereof, employee contributions thereto, and the extent 25 to which each benefit or plan is vested; 26 (j) Vital statistics, including records of [marriage] contracts of domestic union, birth, 27 or divorce; 28 (k) Tax and revenue records, including information on residence address, employer, 29 income or assets; 30 (l) Records concerning real or personal property; 31 (m) Records of occupational, professional or recreational licenses or permits; 32 (n) Records concerning the ownership and control of corporations, partnerships or other 33 businesses; 34 (o) Employment security records; 35 (p) Records concerning motor vehicles; 36 (q) Records of assets or liabilities; 37 (r) Corrections records; 38 (s) Names and addresses of employers of parents; 39 (t) Motor vehicle records; and 40 (u) Law enforcement records; 41 (6) "Parent", a biological or adoptive parent, including a presumed or putative father. 42 The word parent shall also include any person who has been found to be such by: 43 (a) A court of competent jurisdiction in an action for dissolution of [marriage] a contract 44 of domestic union, legal separation, or establishment of the parent and child relationship; HB 1434 307 45 (b) The division under section 454.485; 46 (c) Operation of law under section 210.823; or 47 (d) A court or administrative tribunal of another state. 48 2. For the purpose of locating and determining financial resources of the parents relating 49 to establishment of paternity or to establish, modify or enforce support orders, the division or 50 other state IV-D agency may request and receive information from the federal Parent Locator 51 Service, from available records in other states, territories and the District of Columbia, from the 52 records of all government agencies, and from businesses and financial entities. A request for 53 information from a public utility or cable television company shall be made by subpoena 54 authorized pursuant to this chapter. The government agencies, businesses, and financial entities 55 shall provide information, if known or chronicled in their business records, notwithstanding any 56 other provision of law making the information confidential. In addition, the division may use 57 all sources of information and available records and, pursuant to agreement with the secretary 58 of the United States Department of Health and Human Services, or the secretary's designee, 59 request and receive from the federal Parent Locator Service information pursuant to 42 U.S.C. 60 Sections 653 and 663, to determine the whereabouts of any parent or child when such 61 information is to be used to locate the parent or child to enforce any state or federal law with 62 respect to the unlawful taking or restraining of a child, or of making or enforcing a child custody 63 or visitation order. 64 3. Notwithstanding the provisions of subsection 2 of this section, no financial entity shall 65 be required to provide the information requested by the division or other state IV-D agency 66 unless the division or other state IV-D agency alleges that the parent about whom the information 67 is sought is an officer, agent, member, employee, depositor, customer or the insured of the 68 financial institution, or unless the division or other state IV-D agency has complied with the 69 provisions of section 660.330. 70 4. Any business or financial entity which has received a request from the division or 71 other state IV-D agency as provided by subsections 2 and 3 of this section shall provide the 72 requested information or a statement that any or all of the requested information is not known 73 or available to the business or financial entity, within sixty days of receipt of the request and 74 shall be liable to the state for civil penalties up to one hundred dollars for each day after such 75 sixty-day period in which it fails to provide the information so requested. Upon request of the 76 division or other state IV-D agency, the attorney general shall bring an action in a circuit court 77 of competent jurisdiction to recover the civil penalty. The court shall have the authority to 78 determine the amount of the civil penalty to be assessed. 79 5. Any business or financial entity, or any officer, agent or employee of such entity, 80 participating in good faith in providing information requested pursuant to subsections 2 and 3 HB 1434 308 81 of this section shall be immune from liability, civil or criminal, that might otherwise result from 82 the release of such information to the division. 83 6. Upon request of the division or other state IV-D agency, any parent shall complete a 84 statement under oath, upon such form as the division or other state IV-D agency may specify, 85 providing information, including, but not necessarily limited to, the parent's monthly income, the 86 parent's total income for the previous year, the number and name of the parent's dependents and 87 the amount of support the parent provides to each, the nature and extent of the parent's assets, 88 and such other information pertinent to the support of the dependent as the division or other state 89 IV-D agency may request. Upon request of the division or other state IV-D agency, such 90 statements shall be completed annually. Failure to comply with this subsection is a class A 91 misdemeanor. 92 7. The disclosure of any information provided to the business or financial entity by the 93 division or other state IV-D agency, or the disclosure of any information regarding the identity 94 of any applicant for or recipient of public assistance, by an officer or employee of any business 95 or financial entity, or by any person receiving such information from such employee or officer 96 is prohibited. Any person violating this subsection is guilty of a class A misdemeanor. 97 8. Any person who willfully requests, obtains or seeks to obtain information pursuant 98 to this section under false pretenses, or who willfully communicates or seeks to communicate 99 such information to any agency or person except pursuant to this chapter, is guilty of a class A 100 misdemeanor. 101 9. For the protection of applicants and recipients of services pursuant to sections 454.400 102 to 454.645, all officers and employees of, and persons and entities under contract to, the state of 103 Missouri are prohibited, except as otherwise provided in this subsection, from disclosing any 104 information obtained by them in the discharge of their official duties relative to the identity of 105 applicants for or recipients of services or relating to proceedings or actions to establish paternity 106 or to establish or enforce support, or relating to the contents of any records, files, papers and 107 communications, except in the administration of the child support program or the administration 108 of public assistance, including civil or criminal proceedings or investigations conducted in 109 connection with the administration of the child support program or the administration of public 110 assistance. Such officers, employees, persons or entities are specifically prohibited from 111 disclosing any information relating to the location of one party to another party: 112 (1) If a protective order has been entered against the other party; or 113 (2) If there is reason to believe that such disclosure of information may result in physical 114 or emotional harm to the other party. 115 HB 1434 309 116 In any judicial proceedings, except such proceedings as are directly concerned with the 117 administration of these programs, such information obtained in the discharge of official duties 118 relative to the identity of applicants for or recipients of child support services or public 119 assistance, and records, files, papers, communications and their contents shall be confidential and 120 not admissible in evidence. Nothing in this subsection shall be construed to prohibit the circuit 121 clerk from releasing information, not otherwise privileged, from court records for reasons other 122 than the administration of the child support program, if such information does not identify any 123 individual as an applicant for or recipient of services pursuant to sections 454.400 to 454.645. 124 Anyone who purposely or knowingly violates this subsection is guilty of a class A misdemeanor. 454.460. As used in sections 454.400 to 454.560, unless the context clearly indicates 2 otherwise, the following terms mean: 3 (1) "Court", any circuit court of this state and any court or agency of any other state 4 having jurisdiction to determine the liability of persons for the support of another person; 5 (2) "Court order", any judgment, decree, or order of any court which orders payment of 6 a set or determinable amount of support money; 7 (3) "Department", the department of social services of the state of Missouri; 8 (4) "Dependent child", any person under the age of twenty-one who is not otherwise 9 emancipated, self-supporting, [married] a party to a contract of domestic union, or a member 10 of the Armed Forces of the United States; 11 (5) "Director", the director of the family support division, or the director's designee; 12 (6) "Division", the family support division of the department of social services of the 13 state of Missouri; 14 (7) "IV-D agency", an agency designated by a state to administer programs under Title 15 IV-D of the Social Security Act; 16 (8) "IV-D case", a case in which services are being provided pursuant to section 454.400; 17 (9) "Obligee", any person, state, or political subdivision to whom or to which a duty of 18 support is owed as determined by a court or administrative agency of competent jurisdiction; 19 (10) "Obligor", any person who owes a duty of support as determined by a court or 20 administrative agency of competent jurisdiction; 21 (11) "Parent", a biological or adoptive parent, including a presumed or putative father. 22 The word parent shall also include any person who has been found to be such by: 23 (a) A court of competent jurisdiction in an action for dissolution of [marriage] a contract 24 of domestic union, legal separation, or establishment of the parent and child relationship; 25 (b) The division under section 454.485; 26 (c) Operation of law under section 210.823; or 27 (d) A court or administrative tribunal of another state; HB 1434 310 28 (12) "Public assistance", any cash or benefit pursuant to Part IV-A, Part IV-B, Part IV-E, 29 or Title XIX of the federal Social Security Act paid by the department to or for the benefit of any 30 dependent child or any public assistance assigned to the state; 31 (13) "State", any state or political subdivision, territory or possession of the United 32 States, District of Columbia, and the Commonwealth of Puerto Rico; 33 (14) "Support order", a judgment, decree or order, whether temporary, final or subject 34 to modification, issued by a court or administrative agency of competent jurisdiction for the 35 support and maintenance of a child, including a child who has attained the age of majority 36 pursuant to the law of the issuing state, or of the parent with whom the child is living and 37 providing monetary support, health care, child care, arrearages or reimbursement for such child, 38 and which may include related costs and fees, interest and penalties, income withholding, 39 attorneys' fees and other relief. 454.485. 1. The director may enter an order establishing paternity of a child in the 2 course of a support proceeding pursuant to sections 454.460 to 454.510 when the man is 3 presumed to be the child's father pursuant to section 210.822 or when both parents sign sworn 4 statements that the paternity of the dependent child for whom support is sought has not been 5 legally established and that the male parent is the father of the child. For purposes of paternity 6 establishment pursuant to this section, a sworn statement shall include a statement verified by 7 a person authorized to take oaths pursuant to section 207.020 or section 454.465. 8 2. The director may enter an order requiring genetic testing in the course of an action to 9 establish paternity pursuant to sections 454.460 to 454.510 or upon the request of a IV-D agency 10 of another state that is seeking to establish paternity. The order may require that the child, the 11 mother or an alleged father submit to tests performed by an expert designated by the division to 12 be qualified as an examiner of genetic markers present on blood cells and components, or other 13 tissue or fluid. Such an examiner shall be qualified to be an expert as defined in section 210.834, 14 and shall be considered an expert pursuant to subdivision (5) of subsection 1 of section 210.822. 15 In addition to any other provisions for enforcement of the order, the order may be filed pursuant 16 to section 454.490 and refusal to comply with the order shall constitute civil contempt. 17 3. The docketing, pursuant to section 454.490, of an order establishing paternity 18 pursuant to this section shall establish legal paternity for all purposes. The division shall provide 19 an additional copy of each administrative order to be docketed and the circuit clerk shall, upon 20 docketing, forward such copy to the bureau of vital records of the department of health and 21 senior services. The bureau of vital records shall enter the name of the father on the birth records 22 pursuant to sections 193.085 and 193.215 and shall record the Social Security account numbers 23 of both parents, pursuant to section 193.075. HB 1434 311 24 4. In no event shall a hearing official conducting a hearing pursuant to sections 454.460 25 to 454.510 be authorized to enter a finding of nonpaternity in the case of a man presumed to be 26 the biological father of any child pursuant to Missouri law, or of the father of any child born out 27 of [wedlock] a contract of domestic union who has acknowledged paternity in writing under 28 oath or has acknowledged that he is responsible for the support, maintenance and education of 29 such child, unless such presumption has been overruled, or such acknowledgment has been ruled 30 void by a court of competent jurisdiction. 31 5. In an action contesting paternity, the director shall require genetic testing at the request 32 of a party to such action if such request is supported by a sworn statement of such party which: 33 (1) Alleges paternity and sets forth facts establishing a reasonable possibility of sexual 34 contact between the parties; or 35 (2) Denies paternity and sets forth facts establishing a reasonable possibility that there 36 was no sexual contact between the parties. 37 6. The division shall pay the cost of any genetic test ordered pursuant to this section. If 38 the paternity of the alleged father is established, such father may be ordered to pay the cost of 39 such tests. If a genetic test is contested, the director shall not order additional genetic testing 40 when requested by the person contesting the test unless such person pays in advance for such 41 tests. 454.618. 1. Upon receipt of the court or administrative order, or notice, for health 2 benefit plan coverage, or upon application of the obligor pursuant to that order, the employer or 3 union shall take necessary action to enroll the minor child as an eligible dependent in the health 4 benefit plan and, upon enrollment, withhold any required employee contribution or premium 5 from the obligor's income or wages necessary for the coverage of the child and send any amount 6 withheld directly to the health benefit plan administrator. If more than one health benefit plan 7 is offered by the employer or union, the minor child shall be enrolled in the plan in which the 8 obligor is enrolled. When one or more plans are available and the obligor is not enrolled in a 9 plan that covers dependents or is not enrolled in any plan, the minor child and the obligor if 10 necessary shall be enrolled under the least costly plan that provides service to the area where the 11 child resides if the order or notice for health benefit plan coverage is not a National Medical 12 Support Notice issued by the division or IV-D agency of another state. If the notice for health 13 benefit plan coverage is a National Medical Support Notice issued by the division or IV-D 14 agency of another state, the health benefit plan administrator shall provide to the issuing agency 15 copies of the applicable summary plan descriptions or other documents that describe available 16 coverage, including the additional participant contribution necessary to obtain coverage for the 17 child under each option and whether there is a limited service area for any option. The issuing 18 agency, in consultation with the custodial parent, must promptly select from the available plan HB 1434 312 19 options. If the issuing agency does not make such selection within twenty business days from 20 the date the plan administrator provided the option, the plan administrator shall enroll the child 21 in the plan's default option, if any. If the plan does not have a default option, the plan 22 administrator shall enroll the child in the option selected by the issuing agency. 23 2. In those instances where the obligor fails or refuses to execute any document 24 necessary to enroll the minor child in the health benefit plan ordered by the court, the required 25 information and authorization may be provided by the division or the custodial parent or 26 guardian of the minor child. 27 3. Information and authorization provided by the division or the custodial parent or 28 guardian of the minor child shall be valid for the purpose of meeting enrollment requirements 29 of the health benefit plan and shall not affect the obligation of the employer or union and the 30 insurer to enroll the minor child in the health benefit plan for which other eligibility, enrollment, 31 underwriting terms and other requirements are met. However, any health benefit plan provision 32 which denies or restricts coverage to a minor child of the obligor due to birth out of [wedlock] 33 a contract of domestic union shall be void as against public policy. 34 4. A minor child that an obligor is required to cover as an eligible dependent pursuant 35 to sections 454.600 to 454.645 shall be considered for health benefit plan coverage purposes as 36 a dependent of the obligor until the child's right to parental support terminates or until further 37 order of the court, but in no event past the limiting age set forth in the health benefit plan. 455.010. As used in this chapter, unless the context clearly indicates otherwise, the 2 following terms shall mean: 3 (1) "Abuse" includes but is not limited to the occurrence of any of the following acts, 4 attempts or threats against a person who may be protected pursuant to this chapter, except abuse 5 shall not include abuse inflicted on a child by accidental means by an adult household member 6 or discipline of a child, including spanking, in a reasonable manner: 7 (a) "Assault", purposely or knowingly placing or attempting to place another in fear of 8 physical harm; 9 (b) "Battery", purposely or knowingly causing physical harm to another with or without 10 a deadly weapon; 11 (c) "Coercion", compelling another by force or threat of force to engage in conduct from 12 which the latter has a right to abstain or to abstain from conduct in which the person has a right 13 to engage; 14 (d) "Harassment", engaging in a purposeful or knowing course of conduct involving 15 more than one incident that alarms or causes distress to an adult or child and serves no legitimate 16 purpose. The course of conduct must be such as would cause a reasonable adult or child to suffer HB 1434 313 17 substantial emotional distress and must actually cause substantial emotional distress to the 18 petitioner or child. Such conduct might include, but is not limited to: 19 a. Following another about in a public place or places; 20 b. Peering in the window or lingering outside the residence of another; but does not 21 include constitutionally protected activity; 22 (e) "Sexual assault", causing or attempting to cause another to engage involuntarily in 23 any sexual act by force, threat of force, duress, or without that person's consent; 24 (f) "Unlawful imprisonment", holding, confining, detaining or abducting another person 25 against that person's will; 26 (2) "Adult", any person seventeen years of age or older or otherwise emancipated; 27 (3) "Child", any person under seventeen years of age unless otherwise emancipated; 28 (4) "Court", the circuit or associate circuit judge or a family court commissioner; 29 (5) "Domestic violence", abuse or stalking committed by a family or household member, 30 as such terms are defined in this section; 31 (6) "Ex parte order of protection", an order of protection issued by the court before the 32 respondent has received notice of the petition or an opportunity to be heard on it; 33 (7) "Family" or "household member", spouses, former spouses, any person related by 34 blood or [marriage] a contract of domestic union, persons who are presently residing together 35 or have resided together in the past, any person who is or has been in a continuing social 36 relationship of a romantic or intimate nature with the victim, and anyone who has a child in 37 common regardless of whether they have been [married] parties to a contract of domestic 38 union or have resided together at any time; 39 (8) "Full order of protection", an order of protection issued after a hearing on the record 40 where the respondent has received notice of the proceedings and has had an opportunity to be 41 heard; 42 (9) "Order of protection", either an ex parte order of protection or a full order of 43 protection; 44 (10) "Pending", exists or for which a hearing date has been set; 45 (11) "Petitioner", a family or household member who has been a victim of domestic 46 violence, or any person who has been the victim of stalking or sexual assault, or a person filing 47 on behalf of a child pursuant to section 455.503 who has filed a verified petition pursuant to the 48 provisions of section 455.020 or section 455.505; 49 (12) "Respondent", the family or household member alleged to have committed an act 50 of domestic violence, or person alleged to have committed an act of stalking or sexual assault, 51 against whom a verified petition has been filed or a person served on behalf of a child pursuant 52 to section 455.503; HB 1434 314 53 (13) "Sexual assault", as defined under subdivision (1) of this section; 54 (14) "Stalking" is when any person purposely engages in an unwanted course of conduct 55 that causes alarm to another person, or a person who resides together in the same household with 56 the person seeking the order of protection when it is reasonable in that person's situation to have 57 been alarmed by the conduct. As used in this subdivision: 58 (a) "Alarm" means to cause fear of danger of physical harm; and 59 (b) "Course of conduct" means a pattern of conduct composed of two or more acts over 60 a period of time, however short, that serves no legitimate purpose. Such conduct may include, 61 but is not limited to, following the other person or unwanted communication or unwanted 62 contact. 455.050. 1. Any full or ex parte order of protection granted pursuant to sections 455.010 2 to 455.085 shall be to protect the petitioner from domestic violence, stalking, or sexual assault 3 and may include such terms as the court reasonably deems necessary to ensure the petitioner's 4 safety, including but not limited to: 5 (1) Temporarily enjoining the respondent from committing or threatening to commit 6 domestic violence, molesting, stalking, sexual assault, or disturbing the peace of the petitioner; 7 (2) Temporarily enjoining the respondent from entering the premises of the dwelling unit 8 of the petitioner when the dwelling unit is: 9 (a) Jointly owned, leased or rented or jointly occupied by both parties; or 10 (b) Owned, leased, rented or occupied by petitioner individually; or 11 (c) Jointly owned, leased, rented or occupied by petitioner and a person other than 12 respondent; provided, however, no spouse shall be denied relief pursuant to this section by 13 reason of the absence of a property interest in the dwelling unit; or 14 (d) Jointly occupied by the petitioner and a person other than respondent; provided that 15 the respondent has no property interest in the dwelling unit; or 16 (3) Temporarily enjoining the respondent from communicating with the petitioner in any 17 manner or through any medium. 18 2. Mutual orders of protection are prohibited unless both parties have properly filed 19 written petitions and proper service has been made in accordance with sections 455.010 to 20 455.085. 21 3. When the court has, after a hearing for any full order of protection, issued an order of 22 protection, it may, in addition: 23 (1) Award custody of any minor child born to or adopted by the parties when the court 24 has jurisdiction over such child and no prior order regarding custody is pending or has been 25 made, and the best interests of the child require such order be issued; 26 (2) Establish a visitation schedule that is in the best interests of the child; HB 1434 315 27 (3) Award child support in accordance with supreme court rule 88.01 and chapter 452; 28 (4) Award maintenance to petitioner when petitioner and respondent are lawfully 29 [married] parties to a contract of domestic union in accordance with chapter 452; 30 (5) Order respondent to make or to continue to make rent or mortgage payments on a 31 residence occupied by the petitioner if the respondent is found to have a duty to support the 32 petitioner or other dependent household members; 33 (6) Order the respondent to pay the petitioner's rent at a residence other than the one 34 previously shared by the parties if the respondent is found to have a duty to support the petitioner 35 and the petitioner requests alternative housing; 36 (7) Order that the petitioner be given temporary possession of specified personal 37 property, such as automobiles, checkbooks, keys, and other personal effects; 38 (8) Prohibit the respondent from transferring, encumbering, or otherwise disposing of 39 specified property mutually owned or leased by the parties; 40 (9) Order the respondent to participate in a court-approved counseling program designed 41 to help batterers stop violent behavior or to participate in a substance abuse treatment program; 42 (10) Order the respondent to pay a reasonable fee for housing and other services that 43 have been provided or that are being provided to the petitioner by a shelter for victims of 44 domestic violence; 45 (11) Order the respondent to pay court costs; 46 (12) Order the respondent to pay the cost of medical treatment and services that have 47 been provided or that are being provided to the petitioner as a result of injuries sustained to the 48 petitioner by an act of domestic violence committed by the respondent. 49 4. A verified petition seeking orders for maintenance, support, custody, visitation, 50 payment of rent, payment of monetary compensation, possession of personal property, 51 prohibiting the transfer, encumbrance, or disposal of property, or payment for services of a 52 shelter for victims of domestic violence, shall contain allegations relating to those orders and 53 shall pray for the orders desired. 54 5. In making an award of custody, the court shall consider all relevant factors including 55 the presumption that the best interests of the child will be served by placing the child in the 56 custody and care of the nonabusive parent, unless there is evidence that both parents have 57 engaged in abusive behavior, in which case the court shall not consider this presumption but may 58 appoint a guardian ad litem or a court-appointed special advocate to represent the children in 59 accordance with chapter 452 and shall consider all other factors in accordance with chapter 452. 60 6. The court shall grant to the noncustodial parent rights to visitation with any minor 61 child born to or adopted by the parties, unless the court finds, after hearing, that visitation would 62 endanger the child's physical health, impair the child's emotional development or would HB 1434 316 63 otherwise conflict with the best interests of the child, or that no visitation can be arranged which 64 would sufficiently protect the custodial parent from further domestic violence. The court may 65 appoint a guardian ad litem or court-appointed special advocate to represent the minor child in 66 accordance with chapter 452 whenever the custodial parent alleges that visitation with the 67 noncustodial parent will damage the minor child. 68 7. The court shall make an order requiring the noncustodial party to pay an amount 69 reasonable and necessary for the support of any child to whom the party owes a duty of support 70 when no prior order of support is outstanding and after all relevant factors have been considered, 71 in accordance with Missouri supreme court rule 88.01 and chapter 452. 72 8. The court may grant a maintenance order to a party for a period of time, not to exceed 73 one hundred eighty days. Any maintenance ordered by the court shall be in accordance with 74 chapter 452. 75 9. (1) The court may, in order to ensure that a petitioner can maintain an existing 76 wireless telephone number or numbers, issue an order, after notice and an opportunity to be 77 heard, directing a wireless service provider to transfer the billing responsibility for and rights to 78 the wireless telephone number or numbers to the petitioner, if the petitioner is not the wireless 79 service accountholder. 80 (2) (a) The order transferring billing responsibility for and rights to the wireless 81 telephone number or numbers to the petitioner shall list the name and billing telephone number 82 of the accountholder, the name and contact information of the person to whom the telephone 83 number or numbers will be transferred, and each telephone number to be transferred to that 84 person. The court shall ensure that the contact information of the petitioner is not provided to 85 the accountholder in proceedings held under this chapter. 86 (b) Upon issuance, a copy of the full order of protection shall be transmitted, either 87 electronically or by certified mail, to the wireless service provider's registered agent listed with 88 the secretary of state, or electronically to the email address provided by the wireless service 89 provider. Such transmittal shall constitute adequate notice for the wireless service provider 90 acting under this section and section 455.523. 91 (c) If the wireless service provider cannot operationally or technically effectuate the 92 order due to certain circumstances, the wireless service provider shall notify the petitioner within 93 three business days. Such circumstances shall include, but not be limited to, the following: 94 a. The accountholder has already terminated the account; 95 b. The differences in network technology prevent the functionality of a device on the 96 network; or 97 c. There are geographic or other limitations on network or service availability. HB 1434 317 98 (3) (a) Upon transfer of billing responsibility for and rights to a wireless telephone 99 number or numbers to the petitioner under this subsection by a wireless service provider, the 100 petitioner shall assume all financial responsibility for the transferred wireless telephone number 101 or numbers, monthly service costs, and costs for any mobile device associated with the wireless 102 telephone number or numbers. 103 (b) This section shall not preclude a wireless service provider from applying any routine 104 and customary requirements for account establishment to the petitioner as part of this transfer 105 of billing responsibility for a wireless telephone number or numbers and any devices attached 106 to that number or numbers including, but not limited to, identification, financial information, and 107 customer preferences. 108 (4) This section shall not affect the ability of the court to apportion the assets and debts 109 of the parties as provided for in law, or the ability to determine the temporary use, possession, 110 and control of personal property. 111 (5) No cause of action shall lie against any wireless service provider, its officers, 112 employees, or agents, for actions taken in accordance with the terms of a court order issued under 113 this section. 114 (6) As used in this section and section 455.523, a "wireless service provider" means a 115 provider of commercial mobile service under Section 332(d) of the Federal Telecommunications 116 Act of 1996 (47 U.S.C. Section 151, et seq.). 455.060. 1. After notice and hearing, the court may modify an order of protection at any 2 time, upon subsequent motion filed by the guardian ad litem, the court-appointed special 3 advocate or by either party together with an affidavit showing a change in circumstances 4 sufficient to warrant the modification. All full orders of protection shall be final orders and 5 appealable and shall be for a fixed period of time as provided in section 455.040. 6 2. Any order for child support, custody, temporary custody, visitation or maintenance 7 entered under sections 455.010 to 455.085 shall terminate prior to the time fixed in the order 8 upon the issuance of a subsequent order pursuant to chapter 452 or any other Missouri statute. 9 3. No order entered pursuant to sections 455.010 to 455.085 shall be res judicata to any 10 subsequent proceeding, including, but not limited to, any action brought under chapter 452. 11 4. All provisions of an order of protection shall terminate upon entry of a decree of 12 dissolution of [marriage] a contract of domestic union, or legal separation except as to those 13 provisions which require the respondent to participate in a court-approved counseling program 14 or enjoin the respondent from committing an act of domestic violence against the petitioner and 15 which enjoin the respondent from entering the premises of the dwelling unit of the petitioner as 16 described in the order of protection when the petitioner continues to reside in that dwelling unit HB 1434 318 17 unless the respondent is awarded possession of the dwelling unit pursuant to a decree of 18 dissolution of [marriage] a contract of domestic union, or legal separation. 19 5. Any order of protection or order for child support, custody, temporary custody, 20 visitation or maintenance entered under sections 455.010 to 455.085 shall terminate upon the 21 order of the court granting a motion to terminate the order of protection by the petitioner. Prior 22 to terminating any order of protection, the court may inquire of the petitioner or others in order 23 to determine whether the dismissal is voluntary. 24 6. The order of protection may not change the custody of children when an action for 25 dissolution of [marriage] a contract of domestic union has been filed or the custody has 26 previously been awarded by a court of competent jurisdiction. 455.070. All proceedings under sections 455.010 to 455.085 are independent of any 2 proceedings for dissolution of [marriage] a contract of domestic union, legal separation, 3 separate maintenance and other actions between the parties and are in addition to any other 4 available civil or criminal remedies, unless otherwise specifically provided herein. 455.085. 1. When a law enforcement officer has probable cause to believe a party has 2 committed a violation of law amounting to domestic violence, as defined in section 455.010, 3 against a family or household member, the officer may arrest the offending party whether or not 4 the violation occurred in the presence of the arresting officer. When the officer declines to make 5 arrest pursuant to this subsection, the officer shall make a written report of the incident 6 completely describing the offending party, giving the victim's name, time, address, reason why 7 no arrest was made and any other pertinent information. Any law enforcement officer 8 subsequently called to the same address within a twelve-hour period, who shall find probable 9 cause to believe the same offender has again committed a violation as stated in this subsection 10 against the same or any other family or household member, shall arrest the offending party for 11 this subsequent offense. The primary report of nonarrest in the preceding twelve-hour period 12 may be considered as evidence of the defendant's intent in the violation for which arrest 13 occurred. The refusal of the victim to sign an official complaint against the violator shall not 14 prevent an arrest under this subsection. 15 2. When a law enforcement officer has probable cause to believe that a party, against 16 whom a protective order has been entered and who has notice of such order entered, has 17 committed an act of abuse in violation of such order, the officer shall arrest the offending 18 party-respondent whether or not the violation occurred in the presence of the arresting officer. 19 Refusal of the victim to sign an official complaint against the violator shall not prevent an arrest 20 under this subsection. 21 3. When an officer makes an arrest, the officer is not required to arrest two parties 22 involved in an assault when both parties claim to have been assaulted. The arresting officer shall HB 1434 319 23 attempt to identify and shall arrest the party the officer believes is the primary physical aggressor. 24 The term "primary physical aggressor" is defined as the most significant, rather than the first, 25 aggressor. The law enforcement officer shall consider any or all of the following in determining 26 the primary physical aggressor: 27 (1) The intent of the law to protect victims from continuing domestic violence; 28 (2) The comparative extent of injuries inflicted or serious threats creating fear of physical 29 injury; 30 (3) The history of domestic violence between the persons involved. 31 32 No law enforcement officer investigating an incident of domestic violence shall threaten the 33 arrest of all parties for the purpose of discouraging requests or law enforcement intervention by 34 any party. Where complaints are received from two or more opposing parties, the officer shall 35 evaluate each complaint separately to determine whether the officer should seek a warrant for 36 an arrest. 37 4. In an arrest in which a law enforcement officer acted in good faith reliance on this 38 section, the arresting and assisting law enforcement officers and their employing entities and 39 superiors shall be immune from liability in any civil action alleging false arrest, false 40 imprisonment or malicious prosecution. 41 5. When a person against whom an order of protection has been entered fails to surrender 42 custody of minor children to the person to whom custody was awarded in an order of protection, 43 the law enforcement officer shall arrest the respondent, and shall turn the minor children over 44 to the care and custody of the party to whom such care and custody was awarded. 45 6. The same procedures, including those designed to protect constitutional rights, shall 46 be applied to the respondent as those applied to any individual detained in police custody. 47 7. A violation of the terms and conditions, with regard to domestic violence, stalking, 48 sexual assault, child custody, communication initiated by the respondent or entrance upon the 49 premises of the petitioner's dwelling unit or place of employment or school, or being within a 50 certain distance of the petitioner or a child of the petitioner, of an ex parte order of protection of 51 which the respondent has notice, shall be a class A misdemeanor unless the respondent has 52 previously pleaded guilty to or has been found guilty in any division of the circuit court of 53 violating an ex parte order of protection or a full order of protection within five years of the date 54 of the subsequent violation, in which case the subsequent violation shall be a class E felony. 55 Evidence of prior pleas of guilty or findings of guilt shall be heard by the court out of the 56 presence of the jury prior to submission of the case to the jury. If the court finds the existence 57 of such prior pleas of guilty or finding of guilt beyond a reasonable doubt, the court shall decide 58 the extent or duration of sentence or other disposition and shall not instruct the jury as to the HB 1434 320 59 range of punishment or allow the jury to assess and declare the punishment as a part of its 60 verdict. 61 8. A violation of the terms and conditions, with regard to domestic violence, stalking, 62 sexual assault, child custody, communication initiated by the respondent or entrance upon the 63 premises of the petitioner's dwelling unit or place of employment or school, or being within a 64 certain distance of the petitioner or a child of the petitioner, of a full order of protection shall be 65 a class A misdemeanor, unless the respondent has previously pleaded guilty to or has been found 66 guilty in any division of the circuit court of violating an ex parte order of protection or a full 67 order of protection within five years of the date of the subsequent violation, in which case the 68 subsequent violation shall be a class E felony. Evidence of prior pleas of guilty or findings of 69 guilt shall be heard by the court out of the presence of the jury prior to submission of the case 70 to the jury. If the court finds the existence of such prior plea of guilty or finding of guilt beyond 71 a reasonable doubt, the court shall decide the extent or duration of the sentence or other 72 disposition and shall not instruct the jury as to the range of punishment or allow the jury to assess 73 and declare the punishment as a part of its verdict. For the purposes of this subsection, in 74 addition to the notice provided by actual service of the order, a party is deemed to have notice 75 of an order of protection if the law enforcement officer responding to a call of a reported incident 76 of domestic violence, stalking, sexual assault, or violation of an order of protection presented a 77 copy of the order of protection to the respondent. 78 9. Good faith attempts to effect a reconciliation of a [marriage] a contract of domestic 79 union shall not be deemed tampering with a witness or victim tampering under section 575.270. 80 10. Nothing in this section shall be interpreted as creating a private cause of action for 81 damages to enforce the provisions set forth herein. 455.220. 1. To qualify for funds allocated and distributed pursuant to section 455.215 2 a shelter shall meet all of the following requirements: 3 (1) Be incorporated in the state as a nonprofit corporation; 4 (2) Have trustees who represent the racial, ethnic and socioeconomic diversity of the 5 community to be served, at least one of whom must possess personal experience in confronting 6 or mitigating the problems of domestic violence; 7 (3) Receive at least twenty-five percent of its funds from sources other than funds 8 distributed pursuant to section 455.215. These other sources may be public or private and may 9 include contributions of goods or services, including materials, commodities, transportation, 10 office space or other types of facilities or personal services; 11 (4) Provide residential service or facilities for children when accompanied by a parent, 12 guardian, or custodian who is a victim of domestic violence and who is receiving temporary 13 residential service at the shelter; HB 1434 321 14 (5) Require persons employed by or volunteering services to the shelter to maintain the 15 confidentiality of any information that would identify individuals served by the shelter and any 16 information or records that are directly related to the advocacy services provided to such 17 individuals; 18 (6) Prior to providing any advocacy services, inform individuals served by the shelter 19 of the nature and scope of the confidentiality requirement in subdivision (5) of this subsection. 20 2. Any person employed by or volunteering services to a shelter for victims of domestic 21 violence shall be incompetent to testify concerning any confidential information described in 22 subdivision (5) of subsection 1 of this section, unless the confidentiality requirement is waived 23 in writing by the individual served by the shelter. 24 3. A shelter does not qualify for funds if it discriminates in its admissions or provision 25 of services on the basis of race, religion, color, age, [marital] domestic union status, national 26 origin, or ancestry. 455.523. 1. Any full order of protection granted under sections 455.500 to 455.538 shall 2 be to protect the victim from domestic violence, stalking, and sexual assault may include such 3 terms as the court reasonably deems necessary to ensure the petitioner's safety, including but not 4 limited to: 5 (1) Temporarily enjoining the respondent from committing domestic violence or sexual 6 assault, threatening to commit domestic violence or sexual assault, stalking, molesting, or 7 disturbing the peace of the victim; 8 (2) Temporarily enjoining the respondent from entering the family home of the victim, 9 except as specifically authorized by the court; 10 (3) Temporarily enjoining the respondent from communicating with the victim in any 11 manner or through any medium, except as specifically authorized by the court. 12 2. When the court has, after hearing for any full order of protection, issued an order of 13 protection, it may, in addition: 14 (1) Award custody of any minor child born to or adopted by the parties when the court 15 has jurisdiction over such child and no prior order regarding custody is pending or has been 16 made, and the best interests of the child require such order be issued; 17 (2) Award visitation; 18 (3) Award child support in accordance with supreme court rule 88.01 and chapter 452; 19 (4) Award maintenance to petitioner when petitioner and respondent are lawfully 20 [married] parties to a contract of domestic union in accordance with chapter 452; 21 (5) Order respondent to make or to continue to make rent or mortgage payments on a 22 residence occupied by the victim if the respondent is found to have a duty to support the victim 23 or other dependent household members; HB 1434 322 24 (6) Order the respondent to participate in a court-approved counseling program designed 25 to help stop violent behavior or to treat substance abuse; 26 (7) Order the respondent to pay, to the extent that he or she is able, the costs of his or her 27 treatment, together with the treatment costs incurred by the victim; 28 (8) Order the respondent to pay a reasonable fee for housing and other services that have 29 been provided or that are being provided to the victim by a shelter for victims of domestic 30 violence; 31 (9) Order a wireless service provider, in accordance with the process, provisions, and 32 requirements set out in subdivisions (1) to (6) of subsection 9 of section 455.050, to transfer the 33 billing responsibility for and rights to the wireless telephone number or numbers of any minor 34 children in the petitioner's care to the petitioner, if the petitioner is not the wireless service 35 accountholder. 455.534. All proceedings under sections 455.500 to 455.538 are independent of any 2 proceedings for dissolution of [marriage] a contract of domestic union, legal separation, 3 separate maintenance and other actions between the parties and are in addition to any other 4 available civil or criminal remedies, unless otherwise specifically provided in sections 455.500 5 to 455.538. 456.014. A trust created as part of a stock bonus plan, nonpublic pension plan, disability 2 or death benefit plan, profit-sharing plan, or retirement plan, for the exclusive benefit of 3 employees to which contributions are made by an employer, or participant, or both, for the 4 purpose of distributing to such participant the earnings or the principal, or both earnings and 5 principal of the fund so held in trust, shall be deemed to be a spendthrift trust if the plan or trust 6 includes a provision restraining the assignment, alienation, or other voluntary or involuntary 7 transfer of the interest of a participant in the trust. Prior to payment or delivery thereof to such 8 participant by the plan trustee, such an interest of the participant shall be exempt from 9 attachment or execution under the laws of this state, and such provision restraining the 10 assignment, alienation, or other voluntary or involuntary transfer of the interest of a participant 11 in the trust shall preclude any creditor of the participant from satisfying a claim from the assets 12 or property of such a plan or trust before payment or delivery of such interest to the participant 13 by the plan trustee, provided that the interest of any such participant shall be subject to 14 attachment or execution pursuant to a qualified domestic relations order, as defined by Section 15 414(p) of the federal Internal Revenue Code, as amended, issued by a court in any proceeding 16 for dissolution of [marriage] a contract of domestic union, or legal separation or a proceeding 17 for disposition of property following dissolution of marriage by a court which lacked personal 18 jurisdiction over the absent spouse or lacked jurisdiction to dispose of [marital] domestic union 19 property at the time of the original judgment of dissolution. HB 1434 323 456.950. 1. As used in this section, "qualified spousal trust" means a trust: 2 (1) The settlors of which are [married to] parties to a contract of domestic union with 3 each other at the time of the creation of the trust; and 4 (2) The terms of which provide that during the joint lives of the settlors all property 5 transferred to, or held by, the trustee are: 6 (a) Held and administered in one trust for the benefit of both settlors, revocable by either 7 settlor or both settlors while either or both are alive, and each settlor having the right to receive 8 distributions of income or principal, whether mandatory or within the discretion of the trustee, 9 from the entire trust for the joint lives of the settlors and for the survivor's life; or 10 (b) Held and administered in two separate shares of one trust for the benefit of each of 11 the settlors, with the trust revocable by each settlor with respect to that settlor's separate share 12 of that trust without the participation or consent of the other settlor, and each settlor having the 13 right to receive distributions of income or principal, whether mandatory or within the discretion 14 of the trustee, from that settlor's separate share for that settlor's life; or 15 (c) Held and administered under the terms and conditions contained in paragraphs (a) 16 and (b) of this subdivision. 17 2. A qualified spousal trust may contain any other trust terms that are not inconsistent 18 with the provisions of this section, including, without limitation, a discretionary power to 19 distribute trust property to a person in addition to a settlor. 20 3. All property at any time held in a qualified spousal trust, without regard to how such 21 property was titled prior to it being so held, shall have the same immunity from the claims of a 22 separate creditor of either settlor as if such property were held outside the trust by the settlors as 23 tenants by the entirety, unless otherwise provided in writing by the settlor or settlors who 24 transferred such property to the trust, and such property shall be treated for that purpose, 25 including without limitation, federal and state bankruptcy laws, as tenants by entirety property. 26 Property held in a qualified spousal trust shall cease to receive immunity from the claims of 27 creditors upon the dissolution of [marriage] the contract of domestic union of the settlors by 28 a court. 29 4. As used in this section, "property" means any interest in any type of property held in 30 a qualified spousal trust, the income thereon, and any property into which such interest, proceeds, 31 or income may be converted. 32 5. Upon the death of each settlor, all property held by the trustee of the qualified spousal 33 trust shall be distributed as directed by the then current terms of the governing instrument of such 34 trust. Upon the death of the first settlor to die, if immediately prior to death the predeceased 35 settlor's interest in the qualified spousal trust was then held in such settlor's separate share, the 36 property held in such settlor's separate share may pass into an irrevocable trust for the benefit of HB 1434 324 37 the surviving settlor upon such terms as the governing instrument shall direct, including without 38 limitation a spendthrift provision as provided in section 456.5-502. 39 6. The respective rights of settlors who are [married to] parties to a contract of 40 domestic union with each other in any property for purposes of a dissolution of the settlors' 41 [marriage] contract of domestic union shall not be affected or changed by reason of the transfer 42 of that property to, or its subsequent administration as an asset of, a qualified spousal trust during 43 the [marriage] contract of domestic union of the settlors, unless both settlors expressly agree 44 otherwise in writing. 45 7. No transfer to a qualified spousal trust shall avoid or defeat the Missouri uniform 46 fraudulent transfer act in chapter 428. 47 8. This section shall apply to all trusts which fulfill the criteria set forth in this section 48 for a qualified spousal trust regardless of whether such trust was created before, on, or after 49 August 28, 2011. 456.1-112. 1. If a settlor's [marriage] contract of domestic union is dissolved or 2 annulled, any beneficial terms of a trust in favor of the settlor's former spouse or any fiduciary 3 appointment of the settlor's former spouse is revoked on the date the [marriage] contract of 4 domestic union is dissolved or annulled, whether or not the terms of the trust refer to [marital] 5 domestic union status. The terms of the trust shall be given effect as if the former spouse had 6 died immediately before the date the dissolution or annulment became final. This subsection 7 shall also apply to any beneficial interest or fiduciary appointment in favor of a relative of the 8 settlor's former spouse as if such relative were the former spouse. 9 2. Subsection 1 of this section does not apply to the terms of a trust that provide any 10 beneficial interest or fiduciary appointment for a former spouse or a relative of a former spouse 11 that was created after the [marriage] contract of domestic union was dissolved or annulled, or 12 that expressly states that [marriage] contract of domestic union dissolution or annulment shall 13 not affect the designation of a former spouse or relative of a former spouse as a beneficiary or 14 a fiduciary of the trust. 15 3. A court may order or the settlor and the spouse may agree before, during, or after the 16 [marriage] contract of domestic union in a binding contract or settlement agreement that 17 subsection 1 of this section does not apply to a beneficial interest or fiduciary appointment. 18 4. Any terms of a trust revoked solely by this section are revived by the settlor's 19 [remarriage to] new contract of domestic union with the former spouse or by a nullification of 20 the [marriage] contract of domestic union dissolution or annulment. 21 5. In this section, "a relative of the settlor's former spouse" means an individual who is 22 related to the settlor's former spouse by blood, adoption or affinity and who, after the divorce or 23 annulment, is not related to the settlor by blood, adoption or affinity. HB 1434 325 24 6. The provisions of this section shall not apply to any trust for which a gift tax marital 25 deduction has been claimed or allowed under Section 2523 of the Internal Revenue Code. The 26 provisions of this section shall not apply in a manner that would result in either: 27 (a) a transfer to a trust being treated as an incomplete gift for federal gift tax purposes; 28 or 29 (b) inclusion of assets of a trust in the gross estate of a settlor for federal estate tax 30 purposes. 456.8-815. 1. A trustee, without authorization by the court, may exercise: 2 (1) powers conferred by the terms of the trust; and 3 (2) except as limited by the terms of the trust: 4 (a) all powers over the trust property which [an unmarried] a competent owner who is 5 not a party to a contract of domestic union has over individually owned property; 6 (b) any other powers appropriate to achieve the proper investment, management, and 7 distribution of the trust property; and 8 (c) any other powers conferred by sections 456.1-101 to 456.11-1106. 9 2. The exercise of a power is subject to the fiduciary duties prescribed by section 10 456.8-801 to 456.8-814. 456.10-1007. If the happening of an event, including [marriage] a contract of domestic 2 union, divorce, performance of educational requirements, or death, affects the administration 3 or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening 4 of the event is not liable for a loss resulting from the trustee's lack of knowledge. 461.045. 1. Whenever a person designated as beneficiary of a nonprobate transfer is a 2 lineal descendant of the owner, and the beneficiary is deceased at the time the beneficiary 3 designation is made or does not survive the owner, or is treated as not surviving the owner, the 4 nonsurviving beneficiary's share shall belong to that beneficiary's lineal descendants per stirpes 5 who survive the owner, to take in place of and in substitution for the nonsurviving beneficiary, 6 the same as the beneficiary would have taken if the beneficiary had survived. This subsection 7 shall not apply to a beneficiary designation with the notation "no LDPS" after a beneficiary's 8 name or other words negating an intention to direct the transfer to the lineal descendant 9 substitutes of a nonsurviving beneficiary. 10 2. A beneficiary designation may provide that the share of any beneficiary not related 11 to the owner as provided in subsection 1 of this section, and who does not survive the owner, 12 shall belong to that beneficiary's lineal descendants per stirpes who survive the owner, by 13 including after the name of the beneficiary the words "and lineal descendants per stirpes" or the 14 abbreviation "LDPS". HB 1434 326 15 3. Lineal descendants, taking as substitutes for a beneficiary of a nonprobate transfer, if 16 they are of the same degree of kinship to the nonsurviving beneficiary, share equally, but if they 17 are of unequal degree, then those of more remote degree take the share of their parent by 18 representation. 19 4. Whenever a nonprobate transfer is to be made to a beneficiary's lineal descendants per 20 stirpes, the property shall belong to such lineal descendants of the beneficiary who survive the 21 owner, and in such proportions, as would result if the survivors were inheriting personal property 22 of the beneficiary under the laws of Missouri and the beneficiary had died at the time of the 23 owner's death, intestate, [unmarried] not a party to a contract of domestic union, domiciled 24 in Missouri and possessed of such property. 25 5. Whenever a beneficiary of a nonprobate transfer does not survive the owner and the 26 beneficiary is a person for whom the beneficiary's surviving lineal descendants take as substitutes 27 under subsection 1 or 2 of this section, if there are no lineal descendants of the beneficiary who 28 survive the owner, the beneficiary's share shall belong to the surviving beneficiaries, or to the 29 owner's estate, as would be the case if transfer to the beneficiary's lineal descendants were not 30 required to be considered. 461.051. 1. If, after an owner makes a beneficiary designation, the owner's [marriage] 2 contract of domestic union is dissolved or annulled, any provision of the beneficiary 3 designation in favor of the owner's former spouse or a relative of the owner's former spouse is 4 revoked on the date the [marriage] contract of domestic union is dissolved or annulled, whether 5 or not the beneficiary designation refers to [marital] domestic union status. The beneficiary 6 designation shall be given effect as if the former spouse or relative of the former spouse had 7 disclaimed the revoked provision. 8 2. Subsection 1 of this section does not apply to a provision of a beneficiary designation 9 that has been made irrevocable, or revocable only with the spouse's consent, or that is made after 10 the [marriage] contract of domestic union was dissolved, or that expressly states that [marriage] 11 contract of domestic union dissolution shall not affect the designation of a spouse or relative 12 of a spouse as beneficiary. 13 3. Any provision of a beneficiary designation revoked solely by this section is revived 14 by the owner's [remarriage to] new contract of domestic union with the former spouse or by 15 a nullification of the [marriage] contract of domestic union dissolution or annulment. 16 4. In this section, "a relative of the owner's former spouse" means an individual who is 17 related to the owner's former spouse by blood, adoption or affinity and who, after the divorce or 18 annulment, is not related to the owner by blood, adoption or affinity. HB 1434 327 461.065. 1. The owner in making provision for a nonprobate transfer under sections 2 461.003 to 461.081 gives to the transferring entity the protections provided in this section for 3 executing the owner's beneficiary designation. 4 2. The transferring entity may execute a nonprobate transfer with or without a written 5 request. 6 3. The transferring entity may rely and act on: 7 (1) A certified or authenticated copy of a death certificate issued by an official or agency 8 of the place where the death occurred as showing the fact, place, date, time of death and the 9 identity of the decedent; or 10 (2) A certified or authenticated copy of any report or record of a governmental agency, 11 domestic or foreign, that a person is missing, detained, dead or alive and the dates, circumstances 12 and places disclosed by the record or report. 13 4. The transferring entity may rely and act on, and shall have no duty to verify, 14 information in a written request made by a person specified in subdivision (14) of subsection 3 15 of section 461.062, under oath or affirmation, subscribed before a notary public or other person 16 authorized to administer oaths, for execution of the beneficiary designation. 17 5. The transferring entity shall have no duty: 18 (1) To give notice to any person of the date, manner and persons to whom transfer will 19 be made under the beneficiary designation, except as provided in subsection 6 of this section; 20 (2) To attempt to locate any beneficiary or lineal descendant substitute, or determine 21 whether a nonsurviving beneficiary or descendant had lineal descendants who survived the 22 owner; 23 (3) To locate a trustee or custodian, obtain appointment of a successor trustee or 24 custodian, or discover the existence of a trust instrument or will that creates an express trust; or 25 (4) To determine any fact or law that would cause the beneficiary designation to be 26 revoked in whole or in part as to any person because of change in [marital] domestic union 27 status or other reason, or that would qualify or disqualify any person to receive a share under the 28 nonprobate transfer, or that would vary the distribution provided in the beneficiary designation. 29 6. (1) The transferring entity shall have no duty to withhold making a transfer based on 30 knowledge of any fact or claim adverse to the transfer to be made unless, prior to the transfer, 31 the transferring entity has received written notice at a place and time and in a manner which 32 affords a reasonable opportunity to act on it before the transfer is made, that: 33 (a) Asserts a claim of beneficial interest in the transfer adverse to the transfer to be made; 34 (b) Gives the name of the claimant and an address for communications directed to the 35 claimant; 36 (c) Identifies the deceased owner and the property to which the claim applies; and HB 1434 328 37 (d) States the amount and nature of the claim as it affects the transfer. 38 (2) If a notice as provided in subdivision (1) of this subsection is received by the 39 transferring entity, the transferring entity may discharge any duty to the claimant by delivering 40 a notice or sending a notice by certified mail to the claimant at the address given in the notice 41 of claim advising that a transfer adverse to the claimant's asserted claim may be made in thirty 42 days from the date of delivery or mailing unless the transfer is restrained by a court order. If the 43 transferring entity so delivers or mails such a notice it shall withhold making the transfer for 44 thirty days after the date of delivery or mailing and may then make the transfer unless restrained 45 by a court order. 46 (3) No other notice or other information shown to have been available to the transferring 47 entity, its transfer agent and their employees, shall affect the right to the protections provided in 48 sections 461.003 to 461.081. 49 7. The transferring entity shall have no responsibility for the application or use of 50 property transferred to a fiduciary which the fiduciary as such is entitled to receive. 51 8. Notwithstanding the protections provided the transferring entity in sections 461.003 52 to 461.081, in the event the transferring entity is uncertain as to the beneficiary entitled to receive 53 a transfer or the beneficiary's proper share, or in the event of a dispute as to the proper transfer, 54 the transferring entity may require the parties to adjudicate their respective rights or to furnish 55 an indemnity bond protecting the transferring entity. 56 9. A transfer by the transferring entity in accordance with sections 461.003 to 461.081 57 and pursuant to the beneficiary designation in good faith and in reliance on information the 58 transferring entity reasonably believes to be accurate, discharges the transferring entity from all 59 claims for the amounts paid and the property transferred. 60 10. The protections provided a transferring entity in sections 461.003 to 461.081 are in 61 addition to protections provided by chapters 400, 403, 404 and 456. 461.071. A deceased owner's creditors, surviving spouse and [unmarried] minor children 2 who are not parties to a contract of domestic union shall have the rights set forth in section 3 461.300 with respect to the value of property passing by nonprobate transfer. 472.010. When used in this code, unless otherwise apparent from the context: 2 (1) "Administrator" includes any administrator de bonis non, administrator cum 3 testamento annexo, administrator ad litem and administrator during absence or minority; 4 (2) "Child" includes an adopted child and a child born out of [wedlock] a contract of 5 domestic union, but does not include a grandchild or other more remote descendants; 6 (3) "Claims" include liabilities of the decedent which survive whether arising in contract, 7 tort or otherwise, funeral expenses, the expense of a tombstone, and costs and expenses of 8 administration; HB 1434 329 9 (4) "Clerk" means clerk of the probate division of the circuit court; 10 (5) "Code" or "probate code" means chapters 472, 473, 474 and 475; 11 (6) "Court" or "probate court" means the probate division of the circuit court; 12 (7) "Devise", when used as a noun, means a testamentary disposition of real or personal 13 property or both; when used as a verb it means to dispose of real or personal property or both by 14 will; 15 (8) "Devisee" includes legatee; 16 (9) "Distributee" denotes those persons who are entitled to the real and personal property 17 of a decedent under his will, under the statutes of intestate succession or who take as surviving 18 spouse under section 474.160, upon election to take against the will; 19 (10) "Domicile" means the place in which a person has voluntarily fixed his abode, not 20 for a mere special or temporary purpose, but with a present intention of remaining there 21 permanently or for an indefinite time; 22 (11) "Estate" means the real and personal property of the decedent or ward, as from time 23 to time changed in form by sale, reinvestment or otherwise, and augmented by any accretions and 24 additions thereto and substitutions therefor, and diminished by any decreases and distributions 25 therefrom; 26 (12) "Exempt property" means that property of a decedent's estate which is not subject 27 to be applied to the payment of claims, charges, legacies or bequests as described in section 28 474.250; 29 (13) "Fiduciary" includes executor, administrator, guardian, conservator, and trustee; 30 (14) "Heirs" means those persons, including the surviving spouse, who are entitled under 31 the statutes of intestate succession to the real and personal property of a decedent on his death 32 intestate; 33 (15) "Interested persons" mean heirs, devisees, spouses, creditors or any others having 34 a property right or claim against the estate of a decedent being administered and includes 35 children of a protectee who may have a property right or claim against or an interest in the estate 36 of a protectee. This meaning may vary at different stages and different parts of a proceeding and 37 must be determined according to the particular purpose and matter involved; 38 (16) "Issue" of a person, when used to refer to persons who take by intestate succession, 39 includes adopted children and all lawful lineal descendants, except those who are the lineal 40 descendants of living lineal descendants of the intestate; 41 (17) "Lease" includes an oil and gas lease or other mineral lease, but does not include 42 month-to-month or year-to-year tenancies under oral contracts; 43 (18) "Legacy" means a testamentary disposition of personal property; 44 (19) "Legatee" means a person entitled to personal property under a will; HB 1434 330 45 (20) "Letters" include letters testamentary, letters of administration and letters of 46 guardianship; 47 (21) "Lien" includes all liens except general judgment, execution and attachment liens; 48 (22) "Lineal descendants" include adopted children and their descendants; 49 (23) "Mortgage" includes deed of trust, vendor's lien and chattel mortgage; 50 (24) "Person" includes natural persons and corporations; 51 (25) "Personal property" includes interests in goods, money, choses in action, evidences 52 of debt, shares of corporate stock, and chattels real; 53 (26) "Personal representative" means executor or administrator. It includes an 54 administrator with the will annexed, an administrator de bonis non, an administrator pending 55 contest, an administrator during minority or absence, and any other type of administrator of the 56 estate of a decedent whose appointment is permitted. It does not include an executor de son tort; 57 (27) "Property" includes both real and personal property; 58 (28) "Real property" includes estates and interests in land, corporeal or incorporeal, legal 59 or equitable, other than chattels real; 60 (29) "Registered mail" includes "certified mail" as defined and certified under 61 regulations of the United States Postal Service; 62 (30) "Will" includes codicil; it also includes a testamentary instrument which merely 63 appoints an executor and a testamentary instrument which merely revokes or revives another 64 will. 472.160. 1. Any interested person aggrieved thereby may appeal to the appropriate 2 appellate court from the order, judgment or decree of the probate division of the circuit court in 3 any of the following cases: 4 (1) On the allowance of any claim against an estate exceeding one hundred dollars; 5 (2) On all settlements of the personal representative; 6 (3) On all apportionments among creditors, legatees or distributees; 7 (4) On all orders directing the payment of legacies, making distribution or making 8 allowances to the surviving spouse or [unmarried] minor children who are not parties to a 9 contract of domestic union; 10 (5) On all orders for the sale of assets of the probate estate; 11 (6) On all orders for the sale of real estate; 12 (7) On judgments for waste; 13 (8) On proceedings to recover balances escheated to the state; 14 (9) On all orders revoking letters testamentary or of administration; 15 (10) On orders making allowances for the expenses of administration; 16 (11) On orders for the specific execution of contracts; HB 1434 331 17 (12) On orders compelling legatees and distributees to refund; 18 (13) On all orders denying any of the foregoing requested actions; 19 (14) In all other cases where there is a final order or judgment of the probate division of 20 the circuit court under this code except orders admitting to or rejecting wills from probate. 21 2. No appeal shall be allowed from any order or denial of an order made by the clerk 22 under section 472.070 unless a motion to modify or vacate such order has been denied by the 23 court, but no such motion is necessary to an appeal from any order made, denied or refused by 24 the judge. 473.090. 1. Notwithstanding the limitation periods provided in section 473.050, the 2 probate division of the circuit court, in its discretion, may at any time refuse to grant letters in 3 the following cases: 4 (1) When the estate of the decedent is not greater in amount than is allowed by law as 5 exempt property and the allowance to the surviving spouse or [unmarried] minor children who 6 are not parties to a contract of domestic union under section 474.260; 7 (2) When the personal estate of the decedent does not exceed fifteen thousand dollars 8 and there is no widower, widow or [unmarried] minor children who are not parties to a 9 contract of domestic union, any creditor of the decedent whose claim has not been barred by 10 section 473.444 or any creditor of the estate may apply for refusal of letters by giving bond in 11 the sum of not less than the value of the estate, the bond to be approved by the court, conditioned 12 upon the creditor's obligating himself or herself to pay, so far as the assets of the estate will 13 permit, the debts of the decedent in the order of their preference, and to distribute the balance, 14 if any, to the persons entitled to such balance under the law. Liability of the sureties on the bond 15 shall terminate unless proceedings against them are instituted within two years after the bond is 16 filed. The court may dispense with the filing of a bond if the court finds the bond is not 17 necessary. 18 2. Proof may be allowed by or on behalf of the widower, widow, [unmarried] minor 19 children who are not parties to a contract of domestic union, or creditor before the court of 20 the value and nature of the estate, and if the court is satisfied that no estate will be left after 21 allowing to the surviving spouse or [unmarried] minor children who are not parties to a 22 contract of domestic union their exempt property and statutory allowances or that the personal 23 estate does not exceed fifteen thousand dollars when application is made by a creditor, the court 24 may order that no letters of administration shall be issued on the estate, unless, upon the 25 application of other creditors or parties interested, the existence of other or further property is 26 shown. 27 3. After the making of the order, and until such time as it may be revoked, the surviving 28 spouse, [unmarried] minor children who are not parties to a contract of domestic union, or HB 1434 332 29 creditor may collect and sue for all the personal property belonging to the estate, if a surviving 30 spouse or creditor, in the same manner and with the same effect as if the person had been 31 appointed and qualified as executor or administrator of the estate, and if minor children, in the 32 same manner and with the same effect as now provided by law for proceedings in court by 33 infants in bringing suit. 34 4. When the estate of the decedent includes real estate and its value, less liens and 35 encumbrances, together with the personal property, is not greater in value than the exempt 36 property and allowances to the surviving spouse or [unmarried] minor children who are not 37 parties to a contract of domestic union, the surviving spouse or [unmarried] minor children 38 who are not parties to a contract of domestic union are entitled to such real property and may 39 make record evidence of title to such real property without appointment of an executor or 40 administrator by filing in the office of the recorder of deeds of each county where the real 41 property is situated a certified copy of the order of refusal of letters, describing the real property, 42 naming the persons entitled to such real property and showing their right to succeed to the 43 property. 44 5. The surviving spouse or [unmarried] minor children who are not parties to a 45 contract of domestic union who receive property of the estate under this section may retain such 46 property, but a creditor receiving property under this section shall apply the proceeds of such 47 property to debts of the estate in the order in which claims against the estate of deceased persons 48 are now classified and preferred by law, and shall distribute the balance, if any, to the persons 49 entitled thereto under the law. Upon compliance with this procedure, the real estate involved 50 shall not thereafter be taken in execution for any debts or claims against the decedent, but the 51 compliance has the effect of establishing the right of the surviving spouse or [unmarried] minor 52 children who are not parties to a contract of domestic union to succeed to the real property; 53 however, nothing in this section shall affect the right of secured creditors with respect to the real 54 property. 55 6. Any person who has paid funeral expenses or debts of decedent is deemed a creditor 56 for the purpose of making application for the refusal of letters of administration under this 57 section and is subrogated to the rights of the original creditor. 473.095. In cases arising under sections 473.090 and 473.093, the court, if it finds that 2 it would be just and equitable to make an apportionment of property between a surviving spouse 3 and [unmarried] minor children who are not parties to a contract of domestic union, shall in 4 its order thereunder make such division of the property as will effectuate the apportionment. 473.120. Letters testamentary issued to executors may be in the following form: 2 County of ....... ss. HB 1434 333 3 The state of Missouri to all persons to whom these presents shall come, greeting: Know 4 ye, that the last will of ......, deceased, has, in due form of law, been exhibited, proved and 5 recorded, and inasmuch as it appears that ..... has been appointed executor in and by the said last 6 will to execute the same and to the end that the property of the testator may be preserved for 7 those who appear to have a legal right or interest therein, and that the said last will may be 8 executed according to the request of the testator, we do hereby authorize ........, as such executor, 9 to take possession and control of all personal property, owned by the said .......... at the time of 10 his death, except the exempt property of the surviving spouse or [unmarried] minor children who 11 are not parties to a contract of domestic union, in whosesoever possession the same is found 12 and to perform and fulfill all duties enjoined upon him by the will, so far as there shall be 13 property and the law charges him, and in general to do and perform all other things which are 14 required of him by law. 15 In testimony whereof, I, ........, clerk of the probate division of the circuit court in and for 16 said county of ........, have hereunto signed my name and affixed the seal of said probate division, 17 at office, this ..... day of ....., A.D. ..... 18 .................................. 19 Clerk of the Probate Division 473.123. Letters of administration issued in this state may be in the following form: 2 County of ......... ss. 3 The state of Missouri to all persons to whom these presents shall come, greeting: Know 4 ye, that whereas ............, late of the county of ............, died intestate, as it is said, having at the 5 time of his death, property in this state, which may be lost, destroyed or diminished in value if 6 speedy care be not taken of the same. To the end, therefore, that said property may be collected, 7 preserved and disposed of according to law, we do hereby appoint ......... administrator of all 8 personal property owned by ............ at the time of his death, except the exempt property of the 9 surviving spouse or [unmarried] minor children who are not parties to a contract of domestic 10 union, with full power and authority to secure and dispose of said property according to law, and 11 collect all moneys due said decedent, and in general to do and perform all other acts and things 12 which are required of him by law. 13 In testimony whereof, I ........., clerk of the probate division of the circuit court in and for 14 the county of ............ aforesaid, have hereunto signed my name and affixed the seal of said 15 probate division, at office, this ......... day of ..................., A.D. 20... 16 ............................. 17 Clerk of the Probate Division 473.263. 1. Every executor or administrator has a right to and shall take possession of 2 all the personal property of the decedent except exempt property of the surviving spouse and HB 1434 334 3 [unmarried] minor children who are not parties to a contract of domestic union, and 4 administer it in accordance with this law. 5 2. The court, on its own motion or on the motion of any interested person, may order the 6 executor or administrator to take possession of the real estate of the decedent when necessary for 7 the payment of claims or for the preservation thereof. When ordered to take possession of real 8 estate, the executor or administrator shall pay the taxes and collect the rents and earnings thereon 9 until the estate is settled or until delivered by order of the court to the distributees. He may rent 10 the real property of the estate for a period not exceeding one year. He shall keep in tenantable 11 repair the buildings and fixtures under his control and may protect the same by insurance. He 12 may maintain an action for the possession of the real property or to determine the title to the 13 same. 473.399. 1. As used in this section, the following terms mean: 2 (1) "Assistance", funds expended by a state agency to or on behalf of a person in the 3 form of aid, care, or services, except that for the purposes of this section, aid to families with 4 dependent children shall not be considered assistance; 5 (2) "Obligor estate", the estate against which an obligation under this section arises; 6 (3) "Recipient", a person to whom or on whose behalf assistance is provided; 7 (4) "State agency", the department of social services, department of health and senior 8 services and department of mental health of the state of Missouri. 9 2. For the purposes of this section, the providing of assistance shall create an obligation 10 which may be recovered by filing a claim in the probate division of the circuit court against the 11 decedent estate of the spouse of the deceased recipient upon such spouse's death as provided by 12 the probate code of Missouri, chapters 472, 473, 474 and 475. The amount of the state debt shall 13 be the full amount of assistance without interest provided to the recipient during the [marriage] 14 contract of domestic union of such recipient and spouse; provided that the liability of the 15 obligor estate shall not exceed the value of the combined resources of the recipient and the 16 spouse of the recipient on the date of death of the recipient. 17 3. The state agency providing the assistance may initiate a claim on the debt against the 18 obligor estate. 19 4. The obligor estate may assert as a defense to the state agency's claim that more than 20 two years prior to the providing of assistance, the recipient voluntarily abandoned the spouse. 21 22 5. An obligor estate shall have the right of setoff against the state debt for any amounts 23 recovered by the state agency from the estate of the deceased recipient pursuant to section 24 473.398. HB 1434 335 25 6. Claims shall not be filed under this section when collection of the state debt would 26 be contrary to federal statutes for assistance programs in which federal funds are received. 473.490. 1. If, upon any settlement of the executor or administrator, it appears that the 2 personal property of an estate is not sufficient for the payment of claims, legacies or allowances 3 to the surviving spouse or [unmarried] minor children who are not parties to a contract of 4 domestic union, the court may require a hearing to determine if real property of the estate should 5 be sold, mortgaged or leased for that purpose. 6 2. Notice of the hearing, stating the time and nature thereof, shall be given by the clerk 7 in the manner and to the persons as provided in subsection 2 of section 473.493. 8 3. Upon hearing the matter, and upon the adduction of satisfactory proof, the court may 9 order the sale, mortgage or lease of such real property of the estate as the circumstances may 10 require, and the same proceedings under this law shall thereafter be had in relation to the sale, 11 mortgage or lease as if the same had been instituted on petition of the executor or administrator, 12 or a creditor or other interested person. 473.675. The law of this state respecting proceedings, procedures and substantive rights 2 relating in any way to the property in this state of a nonresident decedent and its disposition, 3 including by way of illustration, but not limited to, all matters relating to (i) the commencement 4 and conduct of an administration, (ii) distributions during or at the conclusion of an 5 administration, (iii) any trust created under the will of a nonresident decedent, shall apply as if 6 the decedent had been a resident of this state, subject to the following: 7 (1) Nothing in sections 473.668 to 473.694 shall be deemed to affect: 8 (a) Methods of proving foreign wills or the admissibility of such wills to probate or to 9 record; 10 (b) The rights of a surviving spouse electing to accept or take against the will of a 11 nonresident decedent, or the method of such election; 12 (c) The right of a person to take as a pretermitted heir or otherwise against the will of a 13 nonresident decedent; 14 (d) The effect of divorce or the birth of a child as working or not working a revocation 15 or partial revocation of the will of a nonresident; 16 (e) The effect of the contest in another jurisdiction of the will of a nonresident decedent 17 upon its validity in Missouri; 18 (f) The applicability of any law in determining the validity of the execution of the will 19 of a nonresident decedent; 20 (g) The determination of the ultimate burden of estate taxes imposed by reason of the 21 death of a nonresident decedent; HB 1434 336 22 (2) Real property of an intestate nonresident decedent descends according to the laws of 23 this state, and his personal property devolves to his heirs or next of kin determined in accordance 24 with the laws of the state or country of his domicile; 25 (3) Support and family allowances to surviving spouses and [unmarried] minor children 26 who are not parties to a contract of domestic union are governed by the more liberal (to them) 27 of the laws of the decedent's domicile and the laws of this state; but the court of this state in 28 making such allowance and in ruling on applications for orders of refusal of letters of 29 administration shall take into account any allowance which may be made in other jurisdictions 30 and satisfied from property therein. 31 (4) Notwithstanding the requirements of this section that distributions during or at the 32 conclusion of an administration shall be made as if the decedent were a resident, if the court 33 finds that hardship to a foreign creditor would result therefrom or that the best interests of all 34 persons having an interest in the estate would be forwarded by making a distribution to a foreign 35 personal representative, the court may, in its discretion, order such distribution to the extent it 36 finds necessary to avoid such hardship or to forward such interests. 37 (5) If the aggregate of liabilities of the estate in all jurisdictions exceeds its aggregate 38 assets, the court shall order distribution, as far as practicable, so that all the creditors of 39 decedent's estate, here and elsewhere, may receive a share in proportion to their respective 40 obligations, with regard being given to any preferential rights determined by the court. To this 41 end, distribution to a foreign personal representative may be ordered if all creditors whose claims 42 have been allowed in the administration in this state shall have received their just proportions 43 that would be due to them if the whole of the estate of the decedent, wherever found, were 44 divided among all creditors in proportion to their respective obligations, after applying Missouri 45 law respecting preferences to different species of obligations, and if and to the extent that the 46 court finds such preference to be equitable under all the circumstances of the particular case. 474.010. All property as to which any decedent dies intestate shall descend and be 2 distributed, subject to the payment of claims, as follows: 3 (1) The surviving spouse shall receive: 4 (a) The entire intestate estate if there is no surviving issue of the decedent; 5 (b) The first twenty thousand dollars in value of the intestate estate, plus one-half of the 6 balance of the intestate estate, if there are surviving issue, all of whom are also issue of the 7 surviving spouse; 8 (c) One-half of the intestate estate if there are surviving issue, one or more of whom are 9 not issue of the surviving spouse; 10 (2) The part not distributable to the surviving spouse, or the entire intestate property, if 11 there is no surviving spouse, shall descend and be distributed as follows: HB 1434 337 12 (a) To the decedent's children, or their descendants, in equal parts; 13 (b) If there are no children, or their descendants, then to the decedent's father, mother, 14 brothers and sisters or their descendants in equal parts; 15 (c) If there are no children, or their descendants, father, mother, brother or sister, or their 16 descendants, then to the grandfathers, grandmothers, uncles and aunts or their descendants in 17 equal parts; 18 (d) If there are no children or their descendants, father, mother, brother, sister, or their 19 descendants, grandfather, grandmother, uncles, aunts, nor their descendants, then to the 20 great-grandfathers, great-grandmothers, or their descendants, in equal parts; and so on, in other 21 cases without end, passing to the nearest lineal ancestors and their children, or their descendants, 22 in equal parts; provided, however, that collateral relatives, that is, relatives who are neither 23 ancestors nor descendants of the decedent, may not inherit unless they are related to the decedent 24 at least as closely as the ninth degree, the degree of kinship being computed according to the 25 rules of the civil law; that is, by counting upward from the decedent to the nearest common 26 ancestor, and then downward to the relative, the degree of kinship being the sum of these two 27 counts, so that brothers are related in the second degree; 28 (3) If there is no surviving spouse or kindred of the decedent entitled to inherit, the 29 whole shall go to the kindred of the predeceased spouse who, at the time of the spouse's death, 30 was [married to] a party to a contract of domestic union with the decedent, in like course as 31 if such predeceased spouse had survived the decedent and then died entitled to the property, and 32 if there is more than one such predeceased spouse, then to go in equal shares to the kindred of 33 each predeceased spouse; 34 (4) If no person is entitled to inherit as provided in this section the property shall escheat 35 as provided by law. 474.060. 1. If, for purposes of intestate succession, a relationship of parent and child 2 must be established to determine succession by, through, or from a person, an adopted person 3 is the child of an adopting parent and not of the natural parents, except that adoption of a child 4 by the spouse of a natural parent has no effect on the relationship between the child and such 5 natural parent. 6 2. In cases not covered by subsection 1 [herein] of this section, a person born out of 7 [wedlock] a contract of domestic union is a child of the mother. That person is also a child of 8 the father, if either of the following occur: 9 (1) The natural parents [participated in a marriage ceremony] became parties to a 10 contract of domestic union before or after the birth of the child, even though the attempted 11 [marriage] contract of domestic union is void; HB 1434 338 12 (2) The paternity is established by an adjudication before the death of the father, or is 13 established thereafter by clear and convincing proof, except that the paternity established under 14 this subdivision (2) is ineffective to qualify the father or his kindred to inherit from or through 15 the child, unless the father has openly treated the child as his, and has not refused to support the 16 child. 474.120. The rights of inheritance or any other statutory rights of a surviving spouse of 2 a decedent who dies intestate shall be deemed to have been waived if prior to, or after, the 3 [marriage] contract of domestic union such intended spouse or spouse by a written contract did 4 agree to waive such rights, after full disclosure of the nature and extent thereof, including the 5 nature and extent of all property interests of the parties, and if the thing or promise given to the 6 waiving party is a fair consideration under all the circumstances. 474.140. If any [married person] party to a contract of domestic union voluntarily 2 leaves his or her spouse and goes away and continues with an adulterer or abandons his or her 3 spouse without reasonable cause and continues to live separate and apart from his or her spouse 4 for one whole year next preceding his or her death, or dwells with another in a state of adultery 5 continuously, such spouse is forever barred from his or her inheritance rights, homestead 6 allowance, exempt property or any statutory allowances from the estate of his or her spouse 7 unless such spouse is voluntarily reconciled to him or her and resumes cohabitation with him or 8 her. 474.150. 1. Any gift made by a person, whether dying testate or intestate, in fraud of the 2 [marital] domestic union rights of his surviving spouse to share in his estate, shall, at the 3 election of the surviving spouse, be treated as a testamentary disposition and may be recovered 4 from the donee and persons taking from him without adequate consideration and applied to the 5 payment of the spouse's share, as in case of his election to take against the will. 6 2. Any conveyance of real estate made by a [married person] party to a contract of 7 domestic union at any time without the joinder or other written express assent of his spouse, 8 made at any time, duly acknowledged, is deemed to be in fraud of the [marital] domestic union 9 rights of his or her spouse, if the spouse becomes a surviving spouse, unless the contrary is 10 shown. 11 3. Any conveyance of the property of the spouse of a disabled person is deemed not to 12 be in fraud of the [marital] domestic union rights of the disabled person if the probate division 13 of the circuit court authorizes the conservator of the disabled person to join in or assent to the 14 conveyance after finding that it is not made in fraud of the [marital] domestic union rights. Any 15 conveyance of the property of a minor or disabled person made by a conservator pursuant to an 16 order of court is deemed not to be in fraud of the [marital] domestic union rights of the spouse 17 of the protectee. HB 1434 339 474.160. 1. When a [married person] party to a contract of domestic union dies testate 2 as to any part of his or her estate, a right of election is given to the surviving spouse solely under 3 the limitations and conditions herein stated: 4 (1) The surviving spouse, upon election to take against the will, shall receive in addition 5 to exempt property and the allowance under section 474.260 one-half of the estate, subject to the 6 payment of claims, if there are no lineal descendants of the testator; or, if there are lineal 7 descendants of the testator, the surviving spouse shall receive one-third of the estate subject to 8 the payment of claims; 9 (2) When a surviving spouse elects to take against the will he shall be deemed to take 10 by descent, as a modified share, such part of the estate as comes to him under the provisions of 11 this section, and shall take nothing under the will; 12 (3) Whenever there is an effective election to take against a will which provides for 13 benefits to accrue upon the death of the surviving spouse, the election has the same effect as to 14 the benefits as if the surviving spouse had predeceased the testator, unless the will otherwise 15 provides. 16 2. The rights of the surviving spouse under this section are not given in lieu of the 17 homestead allowance under section 474.290, but any homestead allowance made to the surviving 18 spouse shall be offset against the share taken under this section. 474.170. The clerk of the court, after the will of a [married person] party to a contract 2 of domestic union is admitted to probate, shall, within one month thereafter, mail by ordinary 3 mail a written notice, directed to the testator's surviving spouse at his last known residence 4 address, informing him that a written election must be filed by or on behalf of the surviving 5 spouse in order to take against the will, within ten days after the expiration of the time limited 6 for contesting the will of the decedent, unless the time is extended pursuant to law. Failure of 7 the clerk to mail or of any surviving spouse to receive the notice herein required does not affect 8 the time for making an election as prescribed by section 474.180. If the court is informed that 9 a surviving spouse has been adjudicated a disabled or incapacitated person but has no guardian 10 or conservator the notice need not be given but the court may appoint a guardian ad litem to 11 make the election. 474.220. The right of election of a surviving spouse hereinbefore given may be waived 2 before or after [marriage] a contract of domestic union by a written contract, agreement or 3 waiver signed by the party waiving the right of election, after full disclosure of the nature and 4 extent of the right, if the thing or the promise given to the waiving party is a fair consideration 5 under all the circumstances. This written contract, agreement or waiver may be filed in the same 6 manner as hereinbefore provided for the filing of an election. HB 1434 340 474.235. 1. If a testator fails to provide by will for his or her surviving spouse who 2 [married] became a party to a contract of domestic union with the testator after the execution 3 of the will, the omitted spouse shall receive the same share of the estate he or she would have 4 received if the decedent left no will, unless it appears from the will that the omission was 5 intentional or that the testator provided for the spouse by transfer outside the will, and the intent 6 that the transfer be in lieu of a testamentary provision is shown by statements of the testator, the 7 amount of the transfer or other evidence. 8 2. In satisfying a share provided by this section, the devises made by the will abate as 9 provided in section 473.620. 474.250. The surviving spouse, or [unmarried] minor children who are not parties to 2 a contract of domestic union of a decedent are entitled absolutely to the following property of 3 the estate without regard to its value: The family bible and other books, one automobile or other 4 passenger motor vehicle, including a pickup truck, with its means of propulsion, all wearing 5 apparel of the family, all household electrical appliances, all household musical and other 6 amusement instruments and all household and kitchen furniture, appliances, utensils and 7 implements. Such property shall belong to the surviving spouse, if any, otherwise to the 8 [unmarried] minor children who are not parties to a contract of domestic union in equal 9 shares. 474.270. The surviving spouse or other custodian of [unmarried] minor children who 2 are not parties to a contract of domestic union shall apply for the property named in section 3 474.250 before the same is distributed or sold, but the property so delivered shall in no case be 4 liable for the payment of the claims against the estate. 474.280. If the surviving spouse or [unmarried] minor children who are not parties to 2 a contract of domestic union do not receive the property allowed him or her or them under 3 section 474.250 and the same is sold by the executor or administrator, the court shall order the 4 money to be paid to the surviving spouse or [unmarried] minor children who are not parties to 5 a contract of domestic union at any time before the same is paid out for claims or distributed. 474.290. 1. At any time after the return of the inventory, the court, on application of the 2 surviving spouse or of the guardian, conservator, or person having custody of the persons of the 3 [unmarried] minor children who are not parties to a contract of domestic union of a decedent, 4 shall make an allowance to the surviving spouse or [unmarried] minor children who are not 5 parties to a contract of domestic union of an amount not exceeding fifty percent of the value 6 of the estate, exclusive of exempt property, and the allowance made under section 474.260, but 7 in no case shall the allowance exceed fifteen thousand dollars. Such allowance shall be known 8 as a homestead allowance and is in addition to the exempt property and the allowance to the 9 surviving spouse and [unmarried] minor children who are not parties to a contract of domestic HB 1434 341 10 union under section 474.260. The homestead allowance is exempt from all claims against the 11 estate. The homestead allowance shall be offset against the share to which the surviving spouse 12 or any minor child who receives it is entitled as a distributee of the estate, but the allowance shall 13 not be diminished if it is greater than the distributive share. The allowance may consist, in whole 14 or in part, of money or property, real or personal, and subject to the provisions of section 15 473.620, property may be selected as provided in this section. The homestead allowance is the 16 property of the surviving spouse, if any; but if there is no surviving spouse or if the surviving 17 spouse dies before receiving the homestead allowance, then it is the property of the [unmarried] 18 minor children who are not parties to a contract of domestic union in equal shares. When a 19 decedent is survived by [married] minor children who are parties to a contract of domestic 20 union or children of full age, or both, and also by [unmarried] minor children who are not 21 parties to a contract of domestic union but no spouse, the homestead allowance as determined 22 under the foregoing provisions of this section shall be divided by the total number of all of the 23 children of the decedent and the shares of the [unmarried] minor children who are not parties 24 to a contract of domestic union as so determined shall, notwithstanding the foregoing 25 provisions, constitute the homestead allowance. The selection of property shall be made by the 26 surviving spouse, if any, otherwise by the guardian or conservator of each [unmarried] minor 27 child who is not a party to a contract of domestic union for such child, or by a person 28 designated by the court, but no real estate may be selected or included in any homestead 29 allowance unless selection of the specific real estate is requested in the application filed within 30 the time provided by subsection 7 of this section. 31 2. If real estate is included in the homestead allowance, the personal representative shall 32 convey the same as determined by this section by deed to the person entitled thereto. 33 3. If a surviving spouse selects, as a homestead allowance, an interest in property having 34 a value in excess of the homestead allowance, the court shall order the personal representative 35 to convey the property to the surviving spouse upon the payment to the estate by such spouse of 36 an amount of money equal to the difference between the value of the property and the homestead 37 allowance or it shall order the personal representative to convey an undivided interest in the 38 property to the surviving spouse which is equivalent to the ratio which the homestead allowance 39 bears to the value of the property, at the option of the spouse. 40 4. If the court finds that real estate selected by the surviving spouse is a part of a larger 41 tract and that the real estate selected may be separated from the residue of the larger tract without 42 great prejudice to the owners, the court may proceed to set off to the surviving spouse the real 43 estate constituting the homestead allowance in the same manner as provided by sections 528.200 44 to 528.240 for the partition of real estate, and this portion so set off shall be conveyed by the 45 personal representative, by deed, to the surviving spouse. HB 1434 342 46 5. In all proceedings under this section the court may order such appraisals of the 47 property selected as it deems necessary and it shall determine the value of the property after due 48 notice to all interested parties in the manner as ordered by the court pursuant to section 472.100 49 and hearing pursuant thereto. 50 6. If within five days after the court's determination of the value of the property any 51 interested party files written exception to the court's determination and avers in the exception that 52 the amount so determined is excessive or inadequate and if the court finds that a sale of the 53 property would be in the best interests of the estate, then the court, in lieu of the procedures 54 provided in subsections 1 and 2, may order a public sale of such property in the manner provided 55 by sections 473.507 and 473.510. Upon such sale, if the surviving spouse is the high bidder, the 56 amount of the homestead allowance shall be credited against the purchase price. Within ten days 57 after such sale a report of the sale shall be filed and upon approval of the report by the court, the 58 personal representative shall execute, acknowledge and deliver a conveyance to the purchaser 59 according to the order of approval which in form and substance shall be the same as that 60 provided for in subsection 2 of section 473.520, omitting any reference to certificate of 61 appraisement. 62 7. If no application for the setting apart and allowance authorized in this section is filed 63 within ten days after expiration of the time allowed for filing of claims, the homestead allowance 64 is deemed waived by the surviving spouse or the [unmarried] minor children who are not 65 parties to a contract of domestic union and the spouse or the [unmarried] minor children who 66 are not parties to a contract of domestic union have no right to homestead or homestead 67 allowance under any law of this state. 68 8. The allowance made under this section is in lieu of all dower and homestead rights 69 in the property of a decedent. After January 1, 1956, no right of homestead under sections 70 513.495 and 513.500 vests in the surviving spouse or minor children of any decedent, but neither 71 this section nor the repeal of sections 513.495 and 513.500 affects homestead rights heretofore 72 vested in any surviving spouse or minor children. 474.300. Death of a surviving spouse within the one year period for which the allowance 2 is provided under section 474.260, for his or her maintenance, shall not affect the right of the 3 surviving spouse to the allowance or the ordering thereof by the court. If [an unmarried] a minor 4 child who is not a party to a contract of domestic union dies, [marries] becomes a party to 5 a contract of domestic union, or comes of age, no allowance shall be made under section 6 474.260 for his maintenance for any period after such death, [marriage] contract of domestic 7 union, or coming of age. When a surviving spouse dies without having received the homestead 8 allowance, it may be paid or may be allowed to the [unmarried] minor children who are not 9 parties to a contract of domestic union. If [an unmarried] a minor child who is not a party HB 1434 343 10 to a contract of domestic union entitled to homestead allowance dies, [marries] becomes a 11 party to a contract of domestic union, or comes of age before his homestead allowance has 12 been made, and within the time for applying for it, he shall not be entitled to the allowance, but 13 if he dies, [marries] becomes a party to a contract of domestic union, or comes of age after 14 it has been allowed but before it was paid, he shall be entitled to it. 474.310. Any person of sound mind, eighteen years of age or older or any minor 2 emancipated by adjudication, [marriage] a contract of domestic union, or entry into active 3 military duty [into the military] may by last will devise his or her real or personal property and 4 may also devise the whole or any part of his or her body to any college, university, licensed 5 hospital or to the state anatomical board for use in the manner expressly provided by his or her 6 will or otherwise. 474.435. Halfbloods, adopted persons and persons born out of [wedlock] a contract of 2 domestic union are included in class gift terminology and terms of relationship in accordance 3 with rules for determining relationships for purposes of intestate succession. 475.024. A parent of a minor, by a properly executed power of attorney, may delegate 2 to another individual, for a period not exceeding one year, any of his or her powers regarding 3 care or custody of the minor child, except his or her power to consent to [marriage] a contract 4 of domestic union or adoption of the minor child. 475.091. The court has the following powers which may be exercised directly or through 2 a conservator in respect to the estate and affairs of minors and disabled persons: 3 (1) While a petition for appointment of a conservator of the estate is pending, on motion 4 and with notice to the attorney appointed to represent the minor or alleged disabled person and 5 after preliminary hearing and finding of probable cause that the allegations of the petition and 6 motion are true, the court may appoint a conservator ad litem to collect, protect and preserve the 7 assets of the minor or alleged disabled person and, on order of court, disburse funds for the 8 necessary support and maintenance of the minor or alleged disabled person and those members 9 of his family who are dependent upon him; 10 (2) Upon finding that the transaction was or is beneficial to the protectee, the court may 11 approve, ratify, confirm and validate any transaction entered into by a conservator of the estate, 12 without court authorization which it has power under this section to authorize the conservator 13 to conduct. The power of the court to approve, ratify, confirm and validate transactions entered 14 into by a conservator of the estate without court authorization includes, without limitation, 15 retention of real or personal property, compromises of claims by and against the estate, 16 investments, purchases, sales, mortgages, exchanges, abandonment, leases of any duration, 17 improvements, contracts to improve, contracts to sell, contracts to purchase, contracts to 18 exchange and grants of options, easements, profits or other rights with respect to land or other HB 1434 344 19 property. It also includes, without limitation, payment of a mortgage indebtedness on the real 20 estate of the protectee out of his personal estate and purchase of real estate at a sale made under 21 a mortgage, deed of trust, vendor's lien or other lien held by the protectee. It also includes the 22 power to make, ratify and undertake proceedings for, and agreements incident to, dissolution of 23 the [marriage] contract of domestic union of the protectee, and transactions involving conflicts 24 of interest between conservator and protectee. 475.094. If the court determines and enters a finding that a permanently totally mentally 2 disabled protectee's estate would be substantially depleted upon his death by the payment of 3 federal estate taxes, the court is hereby empowered: to exercise or release powers of 4 appointment, to change the beneficiaries and elect options under insurance and annuity policies, 5 to make gifts to the natural objects of the protectee's bounty, to convey or release his contingent 6 and expectant interests in property including [marital] domestic union property rights and any 7 right of survivorship incident to joint tenancy or tenancy by the entirety, to surrender insurance 8 or annuity policies for their cash values, to exercise his right to an elective share in the estate of 9 his deceased spouse, and to renounce any interest by testate or intestate succession or by inter 10 vivos transfer, if such act or acts will not deplete the protectee's estate so as to impair the ability 11 to provide for the protectee's foreseeable lifetime needs, and if such act will cause financial 12 benefits to inure solely to the natural objects of the protectee's bounty. Such act shall be 13 undertaken by the court only to the extent that it will result in a substantial saving of federal 14 estate tax for the estate of the disabled protectee upon his death. 475.110. 1. When a minor ward has attained the age of fourteen years, the guardian of 2 his or her person may be removed on petition of the ward to have another person appointed 3 guardian if it is for the best interests of the ward that such other person be appointed. When the 4 spouse of an incapacitated or disabled person is appointed his or her guardian or conservator, 5 such spouse shall be removed as guardian or conservator upon dissolution of his or her 6 [marriage] contract of domestic union with the incapacitated or disabled person. A guardian 7 or conservator may also be removed on the same grounds as is provided in section 473.140 for 8 the removal of personal representatives. 9 2. Notwithstanding subsection 1 of this section, a spouse whose [marriage to] contract 10 of domestic union with the ward was dissolved may petition the court to remain as or be 11 reappointed guardian or conservator of the incapacitated or disabled person in accordance with 12 section 475.115. 475.265. A guardian or conservator shall be allowed such compensation for his services 2 as guardian or conservator, as the court shall deem just and reasonable. Additional compensation 3 may be allowed for his necessary services as attorney and for other necessary services not 4 required of a guardian or conservator. Compensation may also be allowed for necessary HB 1434 345 5 expenses in the administration of his trust, including reasonable attorney fees if the employment 6 of an attorney for the particular purpose is necessary. In all cases, compensation of the guardian 7 or conservator and his expenses including attorney fees shall be fixed by the court and may be 8 allowed at any annual or final accounting; but at any time before final settlement the guardian 9 or conservator or his attorney may apply to the court for an allowance upon the compensation 10 or necessary expenses of the guardian or conservator and for attorney fees for services already 11 performed. If the court finds that the guardian or conservator has failed to discharge his or her 12 duties as such in any respect, it may deny him or her any compensation whatsoever or may 13 reduce the compensation which would otherwise be allowed. The court may consider ties of 14 blood, [marriage] a contract of domestic union, or adoption, in making allowances of 15 compensation to guardians and conservators. 476.515. 1. As used in sections 476.515 to 476.565, unless the context clearly indicates 2 otherwise, the following terms mean: 3 (1) "Beneficiary", a surviving spouse [married to] who was a party to a contract of 4 domestic union with the deceased judge continuously for a period of at least two years 5 immediately preceding the judge's death or if there is no surviving spouse eligible to receive 6 benefits pursuant to sections 476.515 to 476.565, the term "beneficiary" shall mean any child 7 under age twenty-one of the deceased judge, who shall share in the benefits on an equal basis 8 with all other beneficiaries; 9 (2) "Benefit", a series of equal monthly payments payable during the life of a judge 10 retiring pursuant to the provisions of sections 476.515 to 476.565 or payable to a beneficiary as 11 provided in sections 476.515 to 476.565; all benefits paid pursuant to sections 476.515 to 12 476.565 in excess of any contributions made to the system by a judge shall be considered to be 13 a part of the compensation provided a judge for the judge's services; 14 (3) "Commissioner of administration", the commissioner of administration of the state 15 of Missouri; 16 (4) "Judge", any person who has served or is serving as a judge or commissioner of the 17 supreme court or of the court of appeals; or as a judge of any circuit court, probate court, 18 magistrate court, court of common pleas or court of criminal corrections of this state; as a justice 19 of the peace; or as commissioner or deputy commissioner of the circuit court appointed after 20 February 29, 1972; 21 (5) "Salary", the total compensation paid for personal services as a judge by the state or 22 any of its political subdivisions. 23 2. A surviving spouse whose benefits were terminated because of [remarriage] a new 24 contract of domestic union prior to October 1, 1984, shall, upon written application to the board HB 1434 346 25 within six months after October 1, 1984, have the surviving spouse's rights as a beneficiary 26 restored. Benefits shall resume as of October 1, 1984. 476.521. 1. Notwithstanding any provision of chapter 476 to the contrary, each person 2 who first becomes a judge on or after January 1, 2011, and continues to be a judge may receive 3 benefits as provided in sections 476.445 to 476.688 subject to the provisions of this section. 4 2. Any person who is at least sixty-seven years of age, has served in this state an 5 aggregate of at least twelve years, continuously or otherwise, as a judge, and ceases to hold office 6 by reason of the expiration of the judge's term, voluntary resignation, or retirement pursuant to 7 the provisions of subsection 2 of section 24 of article V of the Constitution of Missouri may 8 receive benefits as provided in sections 476.515 to 476.565. The twelve-year requirement of this 9 subsection may be fulfilled by service as judge in any of the courts covered, or by service in any 10 combination as judge of such courts, totaling an aggregate of twelve years. Any judge who is 11 at least sixty-seven years of age and who has served less than twelve years and is otherwise 12 qualified under sections 476.515 to 476.565 may retire after reaching age sixty-seven, or 13 thereafter, at a reduced retirement compensation in a sum equal to the proportion of the 14 retirement compensation provided in section 476.530 that his or her period of judicial service 15 bears to twelve years. 16 3. Any person who is at least sixty-two years of age or older, has served in this state an 17 aggregate of at least twenty years, continuously or otherwise, as a judge, and ceases to hold office 18 by reason of the expiration of the judge's term, voluntary resignation, or retirement pursuant to 19 the provisions of subsection 2 of section 24 of article V of the Constitution of Missouri may 20 receive benefits as provided in sections 476.515 to 476.565. The twenty-year requirement of this 21 subsection may be fulfilled by service as a judge in any of the courts covered, or by service in 22 any combination as judge of such courts, totaling an aggregate of twenty years. Any judge who 23 is at least sixty-two years of age and who has served less than twenty years and is otherwise 24 qualified under sections 476.515 to 476.565 may retire after reaching age sixty-two, at a reduced 25 retirement compensation in a sum equal to the proportion of the retirement compensation 26 provided in section 476.530 that his or her period of judicial service bears to twenty years. 27 4. All judges under this section required by the provisions of section 26 of article V of 28 the Constitution of Missouri to retire at the age of seventy years shall retire upon reaching that 29 age. 30 5. The provisions of sections 104.344, 476.524, and 476.690 shall not apply to judges 31 covered by this section. 32 6. A judge shall be required to contribute four percent of the judge's compensation to the 33 retirement system, which shall stand to the judge's credit in his or her individual account with HB 1434 347 34 the system, together with investment credits thereon, for purposes of funding retirement benefits 35 payable as provided in sections 476.515 to 476.565, subject to the following provisions: 36 (1) The state of Missouri employer, pursuant to the provisions of 26 U.S.C. Section 37 414(h)(2), shall pick up and pay the contributions that would otherwise be payable by the judge 38 under this section. The contributions so picked up shall be treated as employer contributions for 39 purposes of determining the judge's compensation that is includable in the judge's gross income 40 for federal income tax purposes; 41 (2) Judge contributions picked up by the employer shall be paid from the same source 42 of funds used for the payment of compensation to a judge. A deduction shall be made from each 43 judge's compensation equal to the amount of the judge's contributions picked up by the employer. 44 This deduction, however, shall not reduce the judge's compensation for purposes of computing 45 benefits under the retirement system pursuant to this chapter; 46 (3) Judge contributions so picked up shall be credited to a separate account within the 47 judge's individual account so that the amounts contributed pursuant to this section may be 48 distinguished from the amounts contributed on an after-tax basis; 49 (4) The contributions, although designated as employee contributions, are being paid by 50 the employer in lieu of the contributions by the judge. The judge shall not have the option of 51 choosing to receive the contributed amounts directly instead of having them paid by the employer 52 to the retirement system; 53 (5) Interest shall be credited annually on June thirtieth based on the value in the account 54 as of July first of the immediately preceding year at a rate of four percent. Interest credits shall 55 cease upon retirement of the judge; 56 (6) A judge whose employment is terminated may request a refund of his or her 57 contributions and interest credited thereon. If such judge is [married] a party to a contract of 58 domestic union at the time of such request, such request shall not be processed without consent 59 from the spouse. A judge is not eligible to request a refund if the judge's retirement benefit is 60 subject to a division of benefit order pursuant to section 104.312. Such refund shall be paid by 61 the system after ninety days from the date of termination of employment or the request, 62 whichever is later and shall include all contributions made to any retirement plan administered 63 by the system and interest credited thereon. A judge may not request a refund after such judge 64 becomes eligible for retirement benefits under sections 476.515 to 476.565. A judge who 65 receives a refund shall forfeit all the judge's service and future rights to receive benefits from the 66 system and shall not be eligible to receive any long-term disability benefits; provided that any 67 judge or former judge receiving long-term disability benefits shall not be eligible for a refund. 68 If such judge subsequently becomes a judge and works continuously for at least one year, the HB 1434 348 69 service previously forfeited shall be restored if the judge returns to the system the amount 70 previously refunded plus interest at a rate established by the board; 71 (7) The beneficiary of any judge who made contributions shall receive a refund upon the 72 judge's death equal to the amount, if any, of such contributions less any retirement benefits 73 received by the judge unless an annuity is payable to a survivor or beneficiary as a result of the 74 judge's death. In that event, the beneficiary of the survivor or beneficiary who received the 75 annuity shall receive a refund upon the survivor's or beneficiary's death equal to the amount, if 76 any, of the judge's contributions less any annuity amounts received by the judge and the survivor 77 or beneficiary. 78 7. The employee contribution rate, the benefits provided under sections 476.515 to 79 476.565 to judges covered under this section, and any other provision of sections 476.515 to 80 476.565 with regard to judges covered under this section may be altered, amended, increased, 81 decreased, or repealed, but only with respect to services rendered by the judge after the effective 82 date of such alteration, amendment, increase, decrease, or repeal, or, with respect to interest 83 credits, for periods of time after the effective date of such alteration, amendment, increase, 84 decrease, or repeal. 85 8. Any judge who is receiving retirement compensation under section 476.529 or 86 476.530 who becomes employed as an employee eligible to participate in the closed plan or in 87 the year 2000 plan under chapter 104, shall not receive such retirement compensation for any 88 calendar month in which the retired judge is so employed. Any judge who is receiving 89 retirement compensation under section 476.529 or section 476.530 who subsequently serves as 90 a judge as defined pursuant to subdivision (4) of subsection 1 of section 476.515 shall not 91 receive such retirement compensation for any calendar month in which the retired judge is 92 serving as a judge; except that upon retirement such judge's annuity shall be recalculated to 93 include any additional service or salary accrued based on the judge's subsequent service. A judge 94 who is receiving compensation under section 476.529 or 476.530 may continue to receive such 95 retirement compensation while serving as a senior judge or senior commissioner and shall 96 receive additional credit and salary for such service pursuant to section 476.682. 476.529. 1. In lieu of the retirement compensation provided in section 476.530, a judge 2 employed for the first time on or after January 1, 2011, may elect in the judge's application for 3 retirement whether or not to have such judge's annuity reduced, and designate a beneficiary, as 4 provided by the options set forth in this subsection prior to the judge's annuity starting date: 5 Option 1. A judge's annuity shall be reduced to a certain percent of the annuity otherwise 6 payable. Such percent shall be eighty-eight and one-half percent adjusted as follows: if the 7 judge's age on the annuity starting date is younger than sixty-seven years, an increase of 8 three-tenths of one percent for each year the judge's age is younger than age sixty-seven years; HB 1434 349 9 and if the beneficiary's age is younger than the judge's age on the annuity starting date, a decrease 10 of three-tenths of one percent for each year of age difference; and if the judge's age is younger 11 than the beneficiary's age on the annuity starting date, an increase of three-tenths of one percent 12 for each year of age difference; provided, after all adjustments the option 1 percent cannot exceed 13 ninety-four and one-quarter percent. Upon the judge's death, fifty percent of the judge's reduced 14 annuity shall be paid to such beneficiary who was the judge's spouse on the annuity starting date 15 or as otherwise provided by subsection 5 of this section. 16 Option 2. A judge's life annuity shall be reduced to a certain percent of the annuity 17 otherwise payable. Such percent shall be eighty-one percent adjusted as follows: if the judge's 18 age on the annuity starting date is younger than sixty-seven years, an increase of four-tenths of 19 one percent for each year the judge's age is younger than sixty-seven years; and if the 20 beneficiary's age is younger than the judge's age on the annuity starting date, a decrease of 21 five-tenths of one percent for each year of age difference; and if the judge's age is younger than 22 the beneficiary's age on the annuity starting date, an increase of five-tenths of one percent for 23 each year of age difference; provided, after all adjustments the option 2 percent cannot exceed 24 eighty-seven and three-quarter percent. Upon the judge's death one hundred percent of the 25 judge's reduced annuity shall be paid to such beneficiary who was the judge's spouse on the 26 annuity starting date or as otherwise provided by subsection 5 of this section. 27 Option 3. A judge's life annuity shall be reduced to ninety-three percent of the annuity 28 otherwise payable. If the judge dies before having received one hundred twenty monthly 29 payments, the reduced annuity shall be continued for the remainder of the one hundred 30 twenty-month period to the judge's designated beneficiary provided that if there is no beneficiary 31 surviving the judge, the present value of the remaining annuity payments shall be paid as 32 provided under subsection 4 of section 104.1054 as if the judge was a deceased member under 33 that section. If the beneficiary survives the judge but dies before receiving the remainder of such 34 one hundred twenty monthly payments, the present value of the remaining annuity payments 35 shall be paid as provided under subsection 4 of section 104.1054 for a deceased beneficiary 36 under that section. 37 Option 4. A judge's life annuity shall be reduced to eighty-six percent of the annuity 38 otherwise payable. If the judge dies before having received one hundred eighty monthly 39 payments, the reduced annuity shall be continued for the remainder of the one hundred 40 eighty-month period to the judge's designated beneficiary provided that if there is no beneficiary 41 surviving the judge, the present value of the remaining annuity payments shall be paid as 42 provided under subsection 4 of section 104.1054 as if the judge was a deceased member under 43 that section. If the beneficiary survives the judge but dies before receiving the remainder of such 44 one hundred eighty monthly payments, the present value of the remaining annuity payments shall HB 1434 350 45 be paid as provided under subsection 4 of section 104.1054 for a deceased beneficiary under that 46 section. 47 2. If a judge is [married] a party to a contract of domestic union as of the annuity 48 starting date, the judge's annuity shall be paid under the provisions of either option 1 or option 49 2 as set forth in subsection 1 of this section, at the judge's choice, with the spouse as the judge's 50 designated beneficiary unless the spouse consents in writing to the judge electing another 51 available form of payment. 52 3. If a judge has elected at the annuity starting date option 1 or 2 pursuant to this section 53 and if the judge's spouse or eligible former spouse dies after the annuity starting date but before 54 the judge dies, then the judge may cancel the judge's election and return to the unreduced annuity 55 form of payment and annuity amount, effective the first of the month following the date of such 56 spouse's or eligible former spouse's death. If a judge dies prior to notifying the system of the 57 spouse's death, the benefit shall not revert to an unreduced annuity and no retroactive payments 58 shall be made. 59 4. If a judge designates a spouse as a beneficiary pursuant to this section and 60 subsequently that [marriage] contract of domestic union ends as a result of a dissolution of 61 [marriage] a contract of domestic union, such dissolution shall not affect the option election 62 pursuant to this section and the former spouse shall continue to be eligible to receive survivor 63 benefits upon the death of the judge. 64 5. A judge may make an election under option 1 or 2 after the annuity starting date as 65 described in this section if the judge makes such election within one year from the date of 66 [marriage] a contract of domestic union pursuant to any of the following circumstances: 67 (1) The judge elected to receive a life annuity and was not eligible to elect option 1 or 68 2 on the annuity starting date; or 69 (2) The judge's annuity reverted to a normal or early retirement annuity pursuant to 70 subsection 3 of this section, and the judge [remarried] became a party to a new contract of 71 domestic union. 72 6. A judge may change a judge's election made under this section at any time prior to the 73 system mailing or electronically transferring the first annuity payment to such member. 476.539. 1. Upon application to the board of trustees of the Missouri state employees' 2 retirement system, a surviving spouse of a judge who died while serving as a judge and who had 3 served at least twenty-five years as a judge shall be made, constituted, appointed, and employed 4 by the board as a special consultant on the problems of surviving spouses and other state matters 5 for the remainder of the surviving spouse's life if the surviving spouse was [married to] a party 6 to a contract of domestic union with the deceased judge continuously for twenty-five years 7 immediately preceding the judge's death and also on the day of the judge's death and if the HB 1434 351 8 surviving spouse is not eligible to receive benefits under section 476.452 or 476.535. Upon 9 request of the board the consultant shall give opinions or be available to give opinions in writing 10 or orally in response to such requests. As compensation the consultant shall receive an annual 11 amount equal to one-half of the compensation of a special commissioner or referee as provided 12 in section 476.450. 13 2. Upon application to the board of trustees of the Missouri state employees' retirement 14 system, a surviving spouse of a judge, as defined in section 476.515, who dies on or after January 15 1, 1989, and who has at least eleven years of creditable service as a judge shall be made, 16 constituted, appointed, and employed by the board as a special consultant on the problems of 17 surviving spouses and other state matters for the remainder of the surviving spouse's life if the 18 surviving spouse was [married to] a party to a contract of domestic union with the deceased 19 judge continuously for at least ten years immediately preceding the judge's death and also on the 20 day of the judge's death and if the surviving spouse is not eligible to receive benefits under 21 section 476.452 or 476.535. Upon request of the board the consultant shall give opinions or be 22 available to give opinions in writing or orally in response to such requests. As compensation the 23 consultant shall receive, beginning on the date the deceased judge would have been eligible to 24 receive an annuity, an annual amount equal to one-half of the compensation the judge would 25 receive as if the judge was eligible to retire with a full annuity on the date of the judge's death. 26 3. Upon application to the board of trustees of the Missouri state employees' retirement 27 system, a surviving spouse, under subsection 1 of section 476.515, of a judge who was approved 28 for long-term disability benefits and dies on or after January 1, 1994, shall be made, constituted, 29 appointed and employed by the board as a special consultant on the problems of surviving 30 spouses and other state matters for the remainder of the surviving spouse's life. Upon request 31 of the board the consultant shall give opinions or be available to give opinions in writing or 32 orally in response to such request. As compensation the consultant's benefit effective on the date 33 the judge died shall be increased to an annual amount equal to fifty percent of the amount of 34 retirement compensation provided in section 476.530 regardless of the period of the person's 35 judicial service. 36 4. The compensation provided for in this section shall not be subject to execution, 37 garnishment, attachment, writ of sequestration, or any other process or claim whatsoever, and 38 shall be unassignable, anything to the contrary notwithstanding. 486.340. 1. As used in this section, the words "executing witness" means an individual 2 who acts in the place of a notary. 3 2. An executing witness may not be related by blood or [marriage] a contract of 4 domestic union, or have a disqualifying interest as defined in section 486.255. HB 1434 352 5 3. The affidavit of executing witness for acknowledgment by an individual who does not 6 appear before a notary shall be in type not smaller than eight-point and in substantially the 7 following form: 8 I, .............. (name of executing witness), do solemnly affirm under the penalty of perjury, 9 that .......... (name of person who does not appear before a notary), personally known to me, has 10 executed the within ............ (type of document) in my presence, and has acknowledged to me 11 that ........... (he/she) executed the same for the purposes therein stated and requested that I sign 12 my name on the within document as an executing witness. 13 ......................... (signature of executing witness) 14 Subscribed and affirmed before me this .......... day of .........., 20....... 15 ................ (official signature and official seal of notary) 487.080. Except as provided in section 487.130 and, notwithstanding any other provision 2 of law to the contrary, the family court shall have exclusive original jurisdiction to hear and 3 determine the following matters: 4 (1) All actions or proceedings governed by chapter 452 including but not limited to 5 dissolution of [marriage] a contract of domestic union, legal separation, separate maintenance, 6 child custody and modification actions; 7 (2) Actions for annulment of [marriage] a contract of domestic union; 8 (3) Adoption actions and all actions and proceedings conducted pursuant to the 9 provisions of chapter 453; 10 (4) Juvenile proceedings and all actions as provided for in chapter 211; 11 (5) Actions to establish the parent and child relationship, except actions to establish a 12 person as an heir, devisee or trust beneficiary, and all actions provided for in chapter 210; 13 (6) Actions for determination of support duties and for enforcement of support, including 14 actions under the uniform reciprocal enforcement of support act and actions provided for in 15 chapter 454. Family court personnel shall not duplicate any functions performed by the family 16 support division or local prosecuting attorney but shall cooperate with the family support 17 division or the local prosecuting attorney; 18 (7) Adult abuse and child protection actions and all actions provided for in chapter 455; 19 (8) Change of name actions; 20 (9) Marriage license waiting period waivers under chapter 451. 488.012. 1. Beginning July 1, 1997, the clerk of each court of this state responsible for 2 collecting court costs shall collect the court costs authorized by statute, in such amounts as are 3 authorized by supreme court rule adopted pursuant to sections 488.010 to 488.020. Court costs 4 due and payable prior to July 1, 1997, shall not be affected by the adoption of this rule. HB 1434 353 5 2. The supreme court shall set the amount of court costs authorized by statute, at levels 6 to produce revenue which shall not substantially exceed the total of the proportion of the costs 7 associated with administration of the judicial system defrayed by fees, miscellaneous charges and 8 surcharges. 9 3. Prior to adjustment by the supreme court, the following fees, costs and charges shall 10 be collected: 11 (1) Five dollars for the filing of a lien, pursuant to section 429.090; 12 (2) Ten dollars for maintaining child support enforcement records, pursuant to section 13 452.345; 14 (3) Ten dollars for a notice to a judgment creditor of a distributee, pursuant to section 15 473.618; 16 (4) Three dollars for receiving and keeping a will, pursuant to section 474.510; 17 (5) Seven dollars for the statewide court automation fund, pursuant to section 488.027; 18 (6) Twelve dollars for municipal court costs, fifteen dollars for municipal ordinance 19 violations filed before an associate circuit judge and thirty dollars for applications for a trial de 20 novo of a municipal ordinance violation, pursuant to section 479.260; 21 (7) Five dollars for small claims court cases where less than one hundred dollars is in 22 dispute, and ten dollars in all other small claims court cases, pursuant to section 482.345; 23 (8) Fifty dollars for appeals, pursuant to section 483.500; 24 (9) Fifteen dollars in misdemeanor cases where there is no application for trial de novo, 25 pursuant to section 483.530; 26 (10) Forty-five dollars for applications for a trial de novo for misdemeanor cases, 27 pursuant to section 483.530; 28 (11) Fifteen dollars for each preliminary hearing in felony cases, pursuant to section 29 483.530; 30 (12) Thirty dollars for each information or indictment filed in felony cases, pursuant to 31 section 483.530; 32 (13) Fifteen dollars for each associate circuit court case filed, and one dollar for each 33 additional summons issued in such cases, pursuant to section 483.530; 34 (14) Forty-five dollars for applications for trial de novo from small claims court and 35 associate circuit court and forty-five dollars for filing of other cases, pursuant to section 483.530; 36 (15) One dollar and fifty cents for a certificate of naturalization, pursuant to section 37 483.535; 38 (16) When letters are applied for in probate proceedings, pursuant to section 483.580, 39 when the value of the estate is: 40 (a) Less than $10,000 $ 75.00 HB 1434 354 41 (b) From $10,000 to $25,000 115.00 42 (c) From $25,000 to $50,000 155.00 43 (d) From $50,000 to $100,000 245.00 44 (e) From $100,000 to $500,000 305.00 45 (f) More than $500,000 365.00; 46 (17) Thirty dollars for each additional twelve months a decedent's estate remains open, 47 pursuant to section 483.580; 48 (18) In proceedings regarding guardianships and conservatorships, pursuant to section 49 483.580: 50 (a) Twenty-five dollars for each grant of letters for guardianship of a minor; 51 (b) Fifty dollars for each grant of letters for guardianship of an incapacitated person; 52 (c) Sixty dollars for each grant of letters for guardianship of the person and 53 conservatorship of the estate of a minor; 54 (d) Twenty-five dollars for each additional twelve months a conservatorship of a minor's 55 estate case remains open; 56 (e) Seventy-five dollars for each grant of letters in guardianship and conservatorship of 57 incapacitated persons and their estates; 58 (f) Thirty dollars for each additional twelve months an incapacitated person's case 59 remains open; 60 (19) Fifteen dollars for issuing orders refusing to grant letters to a spouse or [an 61 unmarried] a minor child who is not a party to a contract of domestic union and thirty dollars 62 for a certified copy of such orders, pursuant to section 483.580; 63 (20) In probate proceedings, pursuant to section 483.580: 64 (a) Thirty-five dollars for the collection of small estates; 65 (b) Thirty-five dollars for involuntary hospitalization proceedings; 66 (c) Thirty dollars for proceedings to determine heirship; 67 (d) Fifteen dollars for assessment of estate taxes where no letters are granted; 68 (e) Fifty dollars for proceedings for the sale of real estate by a nonresident conservator; 69 (f) Forty dollars for proceedings to dispense with administration; 70 (g) Twenty dollars for proceedings to dispense with conservatorship; 71 (h) Twenty-five dollars for admitting a will to probate; 72 (i) One dollar per copied page and one dollar and fifty cents per certificate; 73 (21) One dollar and fifty cents per page for testimony transcription, pursuant to section 74 488.2250; 75 (22) Fifteen dollars for court reporters, pursuant to section 488.2253; HB 1434 355 76 (23) Three dollars for witness fees per day, and four dollars when the witness must travel 77 to another county, pursuant to section 491.280. 488.445. 1. The governing body of any county, or of any city not within a county, by 2 order or ordinance may impose a fee upon the [issuance of a marriage license] recording of a 3 contract of domestic union and may impose a surcharge upon any civil case filed in the circuit 4 court. The surcharge shall not be charged when costs are waived or are to be paid by the state, 5 county or municipality. 6 2. The fee imposed upon the [issuance of a marriage license] recording of a contract 7 of domestic union shall be five dollars, shall be paid by the person [applying for the license] 8 presenting the contract, and shall be collected by the recorder of deeds at the time the [license 9 is issued] contract is recorded. The surcharge imposed upon the filing of a civil action shall 10 be two dollars, shall be paid by the party who filed the petition and shall be collected and 11 disbursed by the clerk of the court in the manner provided by sections 488.010 to 488.020. Such 12 amounts shall be payable to the treasuries of the counties from which such surcharges were paid. 13 3. At the end of each month, the recorder of deeds shall file a verified report with the 14 county commission of the fees collected pursuant to the provisions of subsection 2 of this 15 section. The report may be consolidated with the monthly report of other fees collected by such 16 officers. Upon the filing of the reports the recorder of deeds shall forthwith pay over to the 17 county treasurer all fees collected pursuant to subsection 2 of this section. The county treasurer 18 shall deposit all such fees upon receipt in a special fund to be expended only to provide financial 19 assistance to shelters for victims of domestic violence as provided in sections 455.200 to 20 455.230. 490.590. [Marriage] Contracts of domestic union, duly proved or acknowledged and 2 certified and recorded, shall be received in evidence in any court in this state, without further 3 proof of their execution. 490.600. When it shall appear to the court that such [marriage] contract of domestic 2 union, duly acknowledged or proved and recorded, is lost or is not in the power of the party 3 wishing to use it, a copy thereof, duly certified under the hand and seal of the recorder, may be 4 received in evidence. 506.500. 1. Any person or firm, whether or not a citizen or resident of this state, or any 2 corporation, who in person or through an agent does any of the acts enumerated in this section, 3 thereby submits such person, firm, or corporation, and, if an individual, his personal 4 representative, to the jurisdiction of the courts of this state as to any cause of action arising from 5 the doing of any of such acts: 6 (1) The transaction of any business within this state; 7 (2) The making of any contract within this state; HB 1434 356 8 (3) The commission of a tortious act within this state; 9 (4) The ownership, use, or possession of any real estate situated in this state; 10 (5) The contracting to insure any person, property or risk located within this state at the 11 time of contracting; 12 (6) Engaging in an act of sexual intercourse within this state with the mother of a child 13 on or near the probable period of conception of that child. 14 2. Any person, whether or not a citizen or resident of this state, who has lived in lawful 15 [marriage] contract of domestic union within this state, submits himself or herself to the 16 jurisdiction of the courts of this state as to all civil actions for dissolution of [marriage] a 17 contract of domestic union, or for legal separation and all obligations arising for maintenance 18 of a spouse, support of any child of [the marriage] a contract of domestic union, attorney's fees, 19 suit money, or disposition of [marital] domestic union property, if the other party to the lawful 20 [marriage] contract of domestic union lives in this state or if a third party has provided support 21 to the spouse or to the children of [the marriage] a contract of domestic union and is a resident 22 of this state. 23 3. Only causes of action arising from acts enumerated in this section may be asserted 24 against a defendant in an action in which jurisdiction over him is based upon this section. 509.520. 1. Notwithstanding any provision of law to the contrary, beginning August 28, 2 2009, pleadings, attachments, or exhibits filed with the court in any case, as well as any 3 judgments issued by the court, shall not include: 4 (1) The full Social Security number of any party or any child who is the subject to an 5 order of custody or support; 6 (2) The full credit card number or other financial account number of any party. 7 2. Contemporaneously with the filing of every petition for dissolution of [marriage] a 8 contract of domestic union, legal separation, motion for modification, action to establish 9 paternity, and petition or motion for support or custody of a minor child, the filing party shall file 10 a confidential case filing sheet with the court which shall not be subject to public inspection and 11 which provides: 12 (1) The name and address of the current employer and the Social Security number of the 13 petitioner or movant, if a person; 14 (2) If known to the petitioner or movant, the name and address of the current employer 15 and the Social Security number of the respondent; and 16 (3) The names, dates of birth, and Social Security numbers of any children subject to the 17 action. 18 3. Contemporaneously with the filing of every responsive pleading petition for 19 dissolution of [marriage] a contract of domestic union, legal separation, motion for HB 1434 357 20 modification, action to establish paternity, and petition or motion for support or custody of a 21 minor child, the responding party shall file a confidential case filing sheet with the court which 22 shall not be subject to public inspection and which provides: 23 (1) The name and address of the current employer and the Social Security number of the 24 responding party, if a person; 25 (2) If known to the responding party, the name and address of the current employer and 26 the Social Security number of the petitioner or movant; and 27 (3) The names, dates of birth, and Social Security numbers of any children subject to the 28 action. 29 4. The full Social Security number of any party or child subject to an order of custody 30 or support shall be retained by the court on the confidential case filing sheet or other confidential 31 record maintained in conjunction with the administration of the case. The full credit card 32 number or other financial account number of any party may be retained by the court on a 33 confidential record if it is necessary to maintain the number in conjunction with the 34 administration of the case. 35 5. Any document described in subsection 1 of this section shall, in lieu of the full 36 number, include only the last four digits of any such number. 37 6. Except as provided in section 452.430, the clerk shall not be required to redact any 38 document described in subsection 1 of this section issued or filed before August 28, 2009, prior 39 to releasing the document to the public. 40 7. For good cause shown, the court may release information contained on the 41 confidential case filing sheet; except that, any state agency acting under authority of chapter 454 42 shall have access to information contained herein without court order in carrying out their official 43 duty. 513.430. 1. The following property shall be exempt from attachment and execution to 2 the extent of any person's interest therein: 3 (1) Household furnishings, household goods, wearing apparel, appliances, books, 4 animals, crops or musical instruments that are held primarily for personal, family or household 5 use of such person or a dependent of such person, not to exceed three thousand dollars in value 6 in the aggregate; 7 (2) A wedding ring not to exceed one thousand five hundred dollars in value and other 8 jewelry held primarily for the personal, family or household use of such person or a dependent 9 of such person, not to exceed five hundred dollars in value in the aggregate; 10 (3) Any other property of any kind, not to exceed in value six hundred dollars in the 11 aggregate; HB 1434 358 12 (4) Any implements or professional books or tools of the trade of such person or the 13 trade of a dependent of such person not to exceed three thousand dollars in value in the 14 aggregate; 15 (5) Any motor vehicles, not to exceed three thousand dollars in value in the aggregate; 16 (6) Any mobile home used as the principal residence but not attached to real property 17 in which the debtor has a fee interest, not to exceed five thousand dollars in value; 18 (7) Any one or more unmatured life insurance contracts owned by such person, other 19 than a credit life insurance contract, and up to fifteen thousand dollars of any matured life 20 insurance proceeds for actual funeral, cremation, or burial expenses where the deceased is the 21 spouse, child, or parent of the beneficiary; 22 (8) The amount of any accrued dividend or interest under, or loan value of, any one or 23 more unmatured life insurance contracts owned by such person under which the insured is such 24 person or an individual of whom such person is a dependent; provided, however, that if 25 proceedings under Title 11 of the United States Code are commenced by or against such person, 26 the amount exempt in such proceedings shall not exceed in value one hundred fifty thousand 27 dollars in the aggregate less any amount of property of such person transferred by the life 28 insurance company or fraternal benefit society to itself in good faith if such transfer is to pay a 29 premium or to carry out a nonforfeiture insurance option and is required to be so transferred 30 automatically under a life insurance contract with such company or society that was entered into 31 before commencement of such proceedings. No amount of any accrued dividend or interest 32 under, or loan value of, any such life insurance contracts shall be exempt from any claim for 33 child support. Notwithstanding anything to the contrary, no such amount shall be exempt in such 34 proceedings under any such insurance contract which was purchased by such person within one 35 year prior to the commencement of such proceedings; 36 (9) Professionally prescribed health aids for such person or a dependent of such person; 37 (10) Such person's right to receive: 38 (a) A Social Security benefit, unemployment compensation or a public assistance 39 benefit; 40 (b) A veteran's benefit; 41 (c) A disability, illness or unemployment benefit; 42 (d) Alimony, support or separate maintenance, not to exceed seven hundred fifty dollars 43 a month; 44 (e) Any payment under a stock bonus plan, pension plan, disability or death benefit plan, 45 profit-sharing plan, nonpublic retirement plan or any plan described, defined, or established 46 pursuant to section 456.014, the person's right to a participant account in any deferred 47 compensation program offered by the state of Missouri or any of its political subdivisions, or HB 1434 359 48 annuity or similar plan or contract on account of illness, disability, death, age or length of 49 service, to the extent reasonably necessary for the support of such person and any dependent of 50 such person unless: 51 a. Such plan or contract was established by or under the auspices of an insider that 52 employed such person at the time such person's rights under such plan or contract arose; 53 b. Such payment is on account of age or length of service; and 54 c. Such plan or contract does not qualify under Section 401(a), 403(a), 403(b), 408, 408A 55 or 409 of the Internal Revenue Code of 1986, as amended, (26 U.S.C. Section 401(a), 403(a), 56 403(b), 408, 408A or 409); 57 58 except that any such payment to any person shall be subject to attachment or execution pursuant 59 to a qualified domestic relations order, as defined by Section 414(p) of the Internal Revenue 60 Code of 1986, as amended, issued by a court in any proceeding for dissolution of [marriage] a 61 contract of domestic union or legal separation or a proceeding for disposition of property 62 following dissolution of [marriage] a contract of domestic union by a court which lacked 63 personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of [marital] 64 domestic union property at the time of the original judgment of dissolution; 65 (f) Any money or assets, payable to a participant or beneficiary from, or any interest of 66 any participant or beneficiary in, a retirement plan, profit-sharing plan, health savings plan, or 67 similar plan, including an inherited account or plan, that is qualified under Section 401(a), 68 403(a), 403(b), 408, 408A or 409 of the Internal Revenue Code of 1986, as amended, whether 69 such participant's or beneficiary's interest arises by inheritance, designation, appointment, or 70 otherwise, except as provided in this paragraph. Any plan or arrangement described in this 71 paragraph shall not be exempt from the claim of an alternate payee under a qualified domestic 72 relations order; however, the interest of any and all alternate payees under a qualified domestic 73 relations order shall be exempt from any and all claims of any creditor, other than the state of 74 Missouri through its department of social services. As used in this paragraph, the terms 75 "alternate payee" and "qualified domestic relations order" have the meaning given to them in 76 Section 414(p) of the Internal Revenue Code of 1986, as amended. If proceedings under Title 77 11 of the United States Code are commenced by or against such person, no amount of funds shall 78 be exempt in such proceedings under any such plan, contract, or trust which is fraudulent as 79 defined in subsection 2 of section 428.024 and for the period such person participated within 80 three years prior to the commencement of such proceedings. For the purposes of this section, 81 when the fraudulently conveyed funds are recovered and after, such funds shall be deducted and 82 then treated as though the funds had never been contributed to the plan, contract, or trust; HB 1434 360 83 (11) The debtor's right to receive, or property that is traceable to, a payment on account 84 of the wrongful death of an individual of whom the debtor was a dependent, to the extent 85 reasonably necessary for the support of the debtor and any dependent of the debtor; 86 (12) Firearms, firearm accessories, and ammunition, not to exceed one thousand five 87 hundred dollars in value in the aggregate. 88 2. Nothing in this section shall be interpreted to exempt from attachment or execution 89 for a valid judicial or administrative order for the payment of child support or maintenance any 90 money or assets, payable to a participant or beneficiary from, or any interest of any participant 91 or beneficiary in, a retirement plan which is qualified pursuant to Section 408A of the Internal 92 Revenue Code of 1986, as amended. 513.440. Each head of a family may select and hold, exempt from execution, any other 2 property, real, personal or mixed, or debts and wages, not exceeding in value the amount of one 3 thousand two hundred fifty dollars plus three hundred fifty dollars for each of such person's 4 [unmarried] dependent children who are not parties to a contract of domestic union under the 5 age of twenty-one years or dependent as defined by the Internal Revenue Code of 1986, as 6 amended, determined to be disabled by the Social Security Administration, except ten percent 7 of any debt, income, salary or wages due such head of a family. 516.350. 1. Every judgment, order or decree of any court of record of the United States, 2 or of this or any other state, territory or country, except for any judgment, order, or decree 3 awarding child support or maintenance or dividing pension, retirement, life insurance, or other 4 employee benefits in connection with a dissolution of [marriage] a contract of domestic union, 5 legal separation or annulment which mandates the making of payments over a period of time or 6 payments in the future, shall be presumed to be paid and satisfied after the expiration of ten years 7 from the date of the original rendition thereof, or if the same has been revived upon personal 8 service duly had upon the defendant or defendants therein, then after ten years from and after 9 such revival, or in case a payment has been made on such judgment, order or decree, and duly 10 entered upon the record thereof, after the expiration of ten years from the last payment so made, 11 and after the expiration of ten years from the date of the original rendition or revival upon 12 personal service, or from the date of the last payment, such judgment shall be conclusively 13 presumed to be paid, and no execution, order or process shall issue thereon, nor shall any suit 14 be brought, had or maintained thereon for any purpose whatever. An action to emancipate a 15 child, and any personal service or order rendered thereon, shall not act to revive the support 16 order. 17 2. In any judgment, order, or decree awarding child support or maintenance, each 18 periodic payment shall be presumed paid and satisfied after the expiration of ten years from the 19 date that periodic payment is due, unless the judgment has been otherwise revived as set out in HB 1434 361 20 subsection 1 of this section. This subsection shall take effect as to all such judgments, orders, 21 or decrees which have not been presumed paid pursuant to subsection 1 of this section as of 22 August 31, 1982. 23 3. In any judgment, order, or decree dividing pension, retirement, life insurance, or other 24 employee benefits in connection with a dissolution of [marriage] a contract of domestic union, 25 legal separation or annulment, each periodic payment shall be presumed paid and satisfied after 26 the expiration of ten years from the date that periodic payment is due, unless the judgment has 27 been otherwise revived as set out in subsection 1 of this section. This subsection shall take effect 28 as to all such judgments, orders, or decrees which have not been presumed paid pursuant to 29 subsection 1 of this section as of August 28, 2001. 30 4. In any judgment, order or decree awarding child support or maintenance, payment 31 duly entered on the record as provided in subsection 1 of this section shall include recording of 32 payments or credits in the automated child support system created pursuant to chapter 454 by the 33 family support division or payment center pursuant to chapter 454. 34 5. Any judgment, order, or decree awarding unpaid rent may be revived upon publication 35 consistent with the publication requirements of section 506.160 and need not be personally 36 served on the defendant. 523.039. In all condemnation proceedings filed after December 31, 2006, just 2 compensation for condemned property shall be determined under one of the three following 3 subdivisions, whichever yields the highest compensation, as applicable to the particular type of 4 property and taking: 5 (1) An amount equivalent to the fair market value of such property; 6 (2) For condemnations that result in a homestead taking, an amount equivalent to the fair 7 market value of such property multiplied by one hundred twenty-five percent; or 8 (3) For condemnations of property that result in any taking that prevents the owner from 9 utilizing property in substantially the same manner as it was currently being utilized on the day 10 of the taking and involving property owned within the same family for fifty or more years, an 11 amount equivalent to the sum of the fair market value and heritage value. For the purposes of 12 this subdivision, family ownership of property may be established through evidence of ownership 13 by children, grandchildren, siblings, or nephews or nieces of the family member owning the 14 property fifty years prior to the taking; and in addition, may be established through [marriage] 15 a contract of domestic union or adoption by such family members. If any entity owns the real 16 property, members of the family shall have an ownership interest in more than fifty percent of 17 the entity in order to be within the family line of ownership for the purposes of this subdivision. 18 The property owner shall have the burden of proving to the commissioners or jury that the 19 property has been owned within the same family for fifty or more years. HB 1434 362 544.290. An associate circuit judge shall be disqualified to conduct an examination of 2 any person accused of felony as provided in this chapter if an affidavit is filed in his office by 3 the accused, the prosecuting attorney, or the complainant, before the commencement of such 4 examination, stating that the associate circuit judge is near of kin to the accused by blood or 5 [marriage] a contract of domestic union; or that the offense charged is alleged to have been 6 committed against the person or property of such associate circuit judge; or against some person 7 near of kin to him by blood or [marriage] a contract of domestic union; or that the associate 8 circuit judge is in anywise interested or prejudiced, or shall have been counsel in the matter, as 9 the affiant verily believes. 545.660. When any indictment or criminal prosecution shall be pending in any circuit 2 court or criminal court, the judge of said court shall be deemed incompetent to hear and try said 3 cause in either of the following cases: 4 (1) When the judge of the court in which said case is pending is near of kin to the 5 defendant by blood or [marriage] a contract of domestic union; or 6 (2) When the offense charged is alleged to have been committed against the person or 7 property of such judge, or some person near of kin to him or her by blood or [marriage] a 8 contract of domestic union; or 9 (3) When the judge is in any wise interested or prejudiced, or shall have been counsel 10 in the cause; or 11 (4) When the defendant shall make and file an affidavit, supported by the affidavit of at 12 least two reputable persons, not of kin to or counsel for the defendant, that the judge of the court 13 in which said cause is pending will not afford him a fair trial. 565.140. 1. A person does not commit the offense of kidnapping in the third degree 2 under section 565.130 if the person restrained is a child less than seventeen years of age and: 3 (1) A parent, guardian or other person responsible for the general supervision of the 4 child's welfare has consented to the restraint; or 5 (2) The person is a relative of the child; and 6 (a) The person's sole purpose is to assume control of the child; and 7 (b) The child is not taken out of the state of Missouri. 8 2. For the purpose of this section, "relative" means a parent or stepparent, ancestor, 9 sibling, uncle or aunt, including an adoptive relative of the same degree through [marriage] a 10 contract of domestic union or adoption. 11 3. The defendant shall have the burden of injecting the issue of a defense under this 12 section. 565.156. 1. A person commits the offense of child abduction if he or she: HB 1434 363 2 (1) Intentionally takes, detains, entices, conceals or removes a child from a parent after 3 being served with process in an action affecting [marriage] a contract of domestic union or 4 paternity but prior to the issuance of a temporary or final order determining custody; or 5 (2) At the expiration of visitation rights outside the state, intentionally fails or refuses 6 to return or impedes the return of the child to the legal custodian in Missouri; or 7 (3) Conceals, detains, or removes the child for payment or promise of payment at the 8 instruction of a person who has no legal right to custody; or 9 (4) Retains in this state for thirty days a child removed from another state without the 10 consent of the legal custodian or in violation of a valid court order of custody; or 11 (5) Having legal custody of the child pursuant to a valid court order, removes, takes, 12 detains, conceals or entices away that child within or without the state, without good cause, and 13 with the intent to deprive the custody or visitation rights of another person, without obtaining 14 written consent as is provided under section 452.377. 15 2. The offense of child abduction is a class E felony. 16 3. Upon a finding of guilt for an offense under this section, the court may, in addition 17 to or in lieu of any sentence or fine imposed, assess as restitution against the defendant and in 18 favor of the legal custodian or parent, any reasonable expenses incurred by the legal custodian 19 or parent in searching for or returning the child. 566.010. As used in this chapter and chapter 568, the following terms mean: 2 (1) “Aggravated sexual offense”, any sexual offense, in the course of which, the actor: 3 (a) Inflicts serious physical injury on the victim; 4 (b) Displays a deadly weapon or dangerous instrument in a threatening manner; 5 (c) Subjects the victim to sexual intercourse or deviate sexual intercourse with more than 6 one person; 7 (d) Had previously been found guilty of an offense under this chapter or under section 8 573.200, child used in sexual performance; section 573.205, promoting sexual performance by 9 a child; section 573.023, sexual exploitation of a minor; section 573.025, promoting child 10 pornography in the first degree; section 573.035, promoting child pornography in the second 11 degree; section 573.037, possession of child pornography; or section 573.040, furnishing 12 pornographic materials to minors; or has previously been found guilty of an offense in another 13 jurisdiction which would constitute an offense under this chapter or said sections; 14 (e) Commits the offense as part of an act or series of acts performed by two or more 15 persons as part of an established or prescribed pattern of activity; or 16 (f) Engages in the act that constitutes the offense with a person the actor knows to be, 17 without regard to legitimacy, the actor’s: 18 a. Ancestor or descendant by blood or adoption; HB 1434 364 19 b. Stepchild while the [marriage] contract of domestic union creating that relationship 20 exists; 21 c. Brother or sister of the whole or half blood; or 22 d. Uncle, aunt, nephew, or niece of the whole blood; 23 (2) “Commercial sex act”, any sex act on account of which anything of value is given 24 to or received by any person; 25 (3) “Deviate sexual intercourse”, any act involving the genitals of one person and the 26 hand, mouth, tongue, or anus of another person or a sexual act involving the penetration, 27 however slight, of the penis, female genitalia, or the anus by a finger, instrument or object done 28 for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of 29 terrorizing the victim; 30 (4) “Forced labor”, a condition of servitude induced by means of: 31 (a) Any scheme, plan, or pattern of behavior intended to cause a person to believe that, 32 if the person does not enter into or continue the servitude, such person or another person will 33 suffer substantial bodily harm or physical restraint; or 34 (b) The abuse or threatened abuse of the legal process; 35 (5) “Sexual conduct”, sexual intercourse, deviate sexual intercourse or sexual contact; 36 (6) “Sexual contact”, any touching of another person with the genitals or any touching 37 of the genitals or anus of another person, or the breast of a female person, or such touching 38 through the clothing, for the purpose of arousing or gratifying the sexual desire of any person or 39 for the purpose of terrorizing the victim; 40 (7) “Sexual intercourse”, any penetration, however slight, of the female genitalia by the 41 penis. 566.023. It shall be an affirmative defense to prosecutions under sections 566.032, 2 566.034, 566.062, 566.064, and 566.071, that the defendant was [married to] a party to a 3 contract of domestic union with the victim at the time of the offense. 566.115. 1. A person commits the offense of sexual conduct with a nursing facility 2 resident or vulnerable person in the first degree if he or she: 3 (1) Being an owner or employee of a skilled nursing facility, as defined in section 4 198.006, or an Alzheimer's special care unit or program, as defined in section 198.505, has 5 sexual intercourse or deviate sexual intercourse with a resident; or 6 (2) Being a vender, provider, agent, or employee of a certified program operated, funded, 7 licensed, or certified by the department of mental health, has sexual intercourse or deviate sexual 8 intercourse with a vulnerable person. HB 1434 365 9 2. The offense of sexual conduct with a nursing facility resident or vulnerable person in 10 the first degree is a class A misdemeanor. Any second or subsequent violation of this section 11 is a class E felony. 12 3. The provisions of this section shall not apply to any person who is [married to] a 13 party to a contract of domestic union with the resident or vulnerable person. 14 4. Consent of the victim is not a defense to a prosecution under this section. 566.116. 1. A person commits the offense of sexual conduct with a nursing facility 2 resident or vulnerable person in the second degree if he or she: 3 (1) Being an owner or employee of a skilled nursing facility as defined in section 4 198.006, or an Alzheimer's special care unit program as defined in section 198.505, has sexual 5 contact with a resident; or 6 (2) Being a vender, provider, agent, or employee of a certified program operated, funded, 7 licensed, or certified by the department of mental health, has sexual contact with a vulnerable 8 person. 9 2. The offense of sexual conduct with a nursing facility resident or vulnerable person in 10 the second degree is a class B misdemeanor. Any second or subsequent violation of this section 11 is a class A misdemeanor. 12 3. The provisions of this section shall not apply to any person who is [married to] a 13 party to a contract of domestic union with the resident or vulnerable person. 14 4. Consent of the victim is not a defense to a prosecution pursuant to this section. 566.200. As used in sections 566.200 to 566.218 and section 578.475, the following 2 terms shall mean: 3 (1) "Basic rights information", information applicable to a noncitizen, including but not 4 limited to information about human rights, immigration, emergency assistance and resources, 5 and the legal rights and resources for victims of domestic violence; 6 (2) "Blackmail", any threat to reveal damaging or embarrassing information about a 7 person to that person's spouse, family, associates, or the public at large, including a threat to 8 expose any secret tending to subject any person to hatred, contempt, or ridicule; 9 (3) "Client", a person who is a resident of the United States and the state of Missouri and 10 who contracts with an international marriage broker to meet recruits; 11 (4) "Coercion": 12 (a) Threats of serious harm to or physical restraint against any person; 13 (b) Any scheme, plan, or pattern intended to cause a person to believe that failure to 14 perform an act would result in serious harm to or physical restraint against any person; or 15 (c) The abuse or threatened abuse of the legal process; HB 1434 366 16 (5) "Commercial sex act", any sex act on account of which anything of value is given 17 to, promised, or received by any person; 18 (6) "Criminal history record information", criminal history record information, including 19 information provided in a criminal background check, obtained from the Missouri state highway 20 patrol and the Federal Bureau of Investigation; 21 (7) “Domestic union history information”, a declaration of the person’s current 22 domestic union status, the number of times the person has previously been a party to a 23 contract of domestic union, and whether any previous contracts of domestic union 24 occurred as a result of service from an international marriage broker; 25 (8) "Financial harm", detriment, injury, or loss of a financial nature, including credit 26 extortion, criminal violation of the usury laws under chapter 408, or employment contracts that 27 violate the statute of frauds provisions under chapter 432; 28 [(8)] (9) "International marriage broker": 29 (a) A corporation, partnership, business, individual, or other legal entity, whether or not 30 organized under any law of the United States or any other state, that charges fees to residents of 31 Missouri for providing dating, matrimonial, or social referrals or matching services between 32 United States citizens or residents and nonresident aliens by providing information or a forum 33 that would permit individuals to contact each other. Such contact shall include, but is not limited 34 to: 35 a. Providing the name, telephone number, postal address, electronic mail address, or 36 voice message mailbox of an individual, or otherwise facilitating communication between 37 individuals; or 38 b. Providing an opportunity for an in-person meeting; 39 (b) Such term shall not include: 40 a. A traditional matchmaking organization of a religious nature that operates on a 41 nonprofit basis and otherwise operates in compliance with the laws of the countries in which it 42 operates, including the laws of the United States; 43 b. An entity that provides dating services between United States citizens or residents and 44 other individuals who may be aliens, but does not do so as its principal business, and charges 45 comparable rates to all individuals it serves regardless of the gender or country of citizenship or 46 residence of the individual; or 47 c. An organization that does not charge a fee to any party for the services provided; 48 [(9)] (10) "Involuntary servitude or forced labor", a condition of servitude induced by 49 means of: HB 1434 367 50 (a) Any scheme, plan, or pattern of behavior intended to cause a person to believe that, 51 if the person does not enter into or continue the servitude, such person or another person will 52 suffer serious physical injury or physical restraint; or 53 (b) The abuse or threatened abuse of the legal process; 54 [(10) "Marital history information", a declaration of the person's current marital status, 55 the number of times the person has previously been married, and whether any previous marriages 56 occurred as a result of service from an international marriage broker;] 57 (11) "Nudity", the showing of the human male or female genitals, pubic area, vulva, 58 anus, or any part of the nipple or areola of the female breast; 59 (12) "Peonage", illegal and involuntary servitude in satisfaction of debt; 60 (13) "Recruit", a noncitizen, nonresident recruited by an international marriage broker 61 for the purpose of providing dating, matrimonial, or social referral services; 62 (14) "Sexual conduct", sexual intercourse as defined in section 566.010; deviate sexual 63 intercourse as defined in section 566.010; actual or simulated acts of human masturbation; 64 physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast 65 of a female in an act of apparent sexual stimulation or gratification; or any sadomasochistic 66 abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or 67 gratification; 68 (15) "Sexual performance", any play, motion picture, still picture, film, videotape, video 69 recording, dance, or exhibition which includes sexual conduct or nudity, performed before an 70 audience of one or more, whether in person or online or through other forms of 71 telecommunication; 72 (16) "Victim of trafficking", a person who is a victim of offenses under section 566.203, 73 566.206, 566.209, 566.210, or 566.211. 568.010. 1. A [married person] party to a contract of domestic union commits the 2 offense of bigamy if he or she: 3 (1) Purports to [marry] become a party to a contract of domestic union with another; 4 or 5 (2) Cohabits with one whom he or she entered into a bigamous [marriage] contract of 6 domestic union in another jurisdiction. 7 2. A [married person] party to a contract of domestic union does not commit bigamy 8 if, at the time of the subsequent [marriage ceremony] contract of domestic union, he or she 9 reasonably believes that he or she is legally eligible to [remarry] become a party to a new 10 contract of domestic union. 11 3. The defendant shall have the burden of injecting the issue of reasonable belief of 12 eligibility to [remarry] become a party to a new contract of domestic union. HB 1434 368 13 4. [An unmarried] A person who is not a party to a contract of domestic union 14 commits the offense of bigamy if he or she: 15 (1) Purports to [marry] become a party to contract a domestic union with another 16 knowing that the other person is [married] a party to a contract of domestic union; or 17 (2) Cohabits with one whom he or she entered into a bigamous [marriage] contract of 18 domestic union in another jurisdiction. 19 5. The offense of bigamy is a class A misdemeanor. 568.020. 1. A person commits the offense of incest if he or she [marries or purports to 2 marry] enters into a contract of domestic union or purports to enter into a contract of 3 domestic union, or engages in sexual intercourse or deviate sexual intercourse with a person he 4 or she knows to be, without regard to legitimacy, his or her: 5 (1) Ancestor or descendant by blood or adoption; or 6 (2) Stepchild, while the [marriage] contract of domestic union creating that relationship 7 exists; or 8 (3) Brother or sister of the whole or half-blood; or 9 (4) Uncle, aunt, nephew or niece of the whole blood. 10 2. The offense of incest is a class E felony. 11 3. The court shall not grant probation to a person who has previously been found guilty 12 of an offense under this section. 575.095. 1. A person commits the offense of tampering with a judicial officer if, with 2 the purpose to harass, intimidate or influence a judicial officer in the performance of such 3 officer's official duties, such person: 4 (1) Threatens or causes harm to such judicial officer or members of such judicial officer's 5 family; 6 (2) Uses force, threats, or deception against or toward such judicial officer or members 7 of such judicial officer's family; 8 (3) Offers, conveys or agrees to convey any benefit direct or indirect upon such judicial 9 officer or such judicial officer's family; 10 (4) Engages in conduct reasonably calculated to harass or alarm such judicial officer or 11 such judicial officer's family, including stalking pursuant to section 565.225 or 565.227. 12 2. A judicial officer for purposes of this section shall be a judge, arbitrator, special 13 master, juvenile officer, deputy juvenile officer, state prosecuting or circuit attorney, state 14 assistant prosecuting or circuit attorney, juvenile court commissioner, state probation or parole 15 officer, or referee. 16 3. A judicial officer's family for purposes of this section shall be: 17 (1) Such officer's spouse; or HB 1434 369 18 (2) Such officer or such officer's spouse's ancestor or descendant by blood or adoption; 19 or 20 (3) Such officer's stepchild, while the [marriage] contract of domestic union creating 21 that relationship exists. 22 4. The offense of tampering with a judicial officer is a class D felony. 578.475. 1. An international marriage broker shall provide notice to each recruit that the 2 criminal history record information and [marital] domestic union history information of clients 3 and basic rights information are available from the organization. The notice of the availability 4 of such information must be in a conspicuous location, in the recruit's native language, in 5 lettering that is at least one-quarter of an inch in height, and presented in a manner that separates 6 the different types of information available. 7 2. An international marriage broker shall disseminate to a recruit the criminal history 8 record information and [marital] domestic union history information of a client and basic rights 9 information no later than thirty days after the date the international marriage broker receives the 10 criminal history record information and the marital history information on the client. Such 11 information must be provided in the recruit's native language and the organization shall pay the 12 costs incurred to translate the information. 13 3. A client of an international marriage broker shall: 14 (1) Obtain a copy of his or her own criminal history record information; 15 (2) Provide the criminal history record information to the international marriage broker; 16 and 17 (3) Provide to the international marriage broker his or her own [marital] domestic union 18 history information. 19 4. An international marriage broker shall require the client to affirm that the [marital] 20 domestic union history information is complete and accurate and includes information regarding 21 [marriages] contracts of domestic union, annulments, and dissolutions that occurred in another 22 state or foreign country. 23 5. An international marriage broker shall not provide any further services to the client 24 or the recruit until the organization has obtained the required criminal history record information 25 and [marital] domestic union history information and provided the information to the recruit. 26 6. An international marriage broker shall be deemed to be doing business in Missouri 27 if it contracts for matchmaking services with a Missouri resident or is considered to be doing 28 business pursuant to other laws of the state. 29 7. A person who is found guilty of violating the provisions of this section shall not be 30 required to register as a sexual offender pursuant to the provisions of section 589.400, unless 31 such person is otherwise required to register pursuant to the provisions of such section. HB 1434 370 32 8. It shall be a class E felony to willfully provide incomplete or false information 33 pursuant to this section. 34 9. Failure to provide the information and notice required pursuant to this section shall 35 be a class E felony. 36 10. No provision of this section shall preempt any other right or remedy available under 37 law to any party utilizing the services of an international marriage broker or other international 38 marriage organization. 595.010. 1. As used in sections 595.010 to 595.075, unless the context requires 2 otherwise, the following terms shall mean: 3 (1) "Child", a dependent[, unmarried] person who is not a party to a contract of 4 domestic union who is under eighteen years of age and includes a posthumous child, stepchild, 5 or an adopted child; 6 (2) "Claimant", a victim or a dependent, relative, survivor, or member of the family, of 7 a victim eligible for compensation pursuant to sections 595.010 to 595.075; 8 (3) "Conservator", a person or corporation appointed by a court to have the care and 9 custody of the estate of a minor or a disabled person, including a limited conservator; 10 (4) "Counseling", problem-solving and support concerning emotional issues that result 11 from criminal victimization licensed pursuant to section 595.030. Counseling is a confidential 12 service provided either on an individual basis or in a group. Counseling has as a primary purpose 13 to enhance, protect and restore a person's sense of well-being and social functioning after 14 victimization. Counseling does not include victim advocacy services such as crisis telephone 15 counseling, attendance at medical procedures, law enforcement interviews or criminal justice 16 proceedings; 17 (5) "Crime", an act committed in this state which, if committed by a mentally competent, 18 criminally responsible person who had no legal exemption or defense, would constitute a crime; 19 provided that, such act involves the application of force or violence or the threat of force or 20 violence by the offender upon the victim but shall include the crime of driving while intoxicated, 21 vehicular manslaughter and hit and run; and provided, further, that no act involving the operation 22 of a motor vehicle except driving while intoxicated, vehicular manslaughter and hit and run 23 which results in injury to another shall constitute a crime for the purpose of sections 595.010 to 24 595.075, unless such injury was intentionally inflicted through the use of a motor vehicle. A 25 crime shall also include an act of terrorism, as defined in 18 U.S.C. Section 2331, which has 26 been committed outside of the United States against a resident of Missouri; 27 (6) "Crisis intervention counseling", helping to reduce psychological trauma where 28 victimization occurs; 29 (7) "Department", the department of public safety; HB 1434 371 30 (8) "Dependent", mother, father, spouse, spouse's mother, spouse's father, child, 31 grandchild, adopted child, illegitimate child, niece or nephew, who is wholly or partially 32 dependent for support upon, and living with, but shall include children entitled to child support 33 but not living with, the victim at the time of his injury or death due to a crime alleged in a claim 34 pursuant to sections 595.010 to 595.075; 35 (9) "Direct service", providing physical services to a victim of crime including, but not 36 limited to, transportation, funeral arrangements, child care, emergency food, clothing, shelter, 37 notification and information; 38 (10) "Director", the director of public safety of this state or a person designated by him 39 for the purposes of sections 595.010 to 595.075; 40 (11) "Disabled person", one who is unable by reason of any physical or mental condition 41 to receive and evaluate information or to communicate decisions to such an extent that the 42 person lacks ability to manage his financial resources, including a partially disabled person who 43 lacks the ability, in part, to manage his financial resources; 44 (12) "Emergency service", those services provided within thirty days to alleviate the 45 immediate effects of the criminal act or offense, and may include cash grants of not more than 46 one hundred dollars; 47 (13) "Earnings", net income or net wages; 48 (14) "Family", the spouse, parent, grandparent, stepmother, stepfather, child, grandchild, 49 brother, sister, half brother, half sister, adopted children of parent, or spouse's parents; 50 (15) "Funeral expenses", the expenses of the funeral, burial, cremation or other chosen 51 method of interment, including plot or tomb and other necessary incidents to the disposition of 52 the remains; 53 (16) "Gainful employment", engaging on a regular and continuous basis, up to the date 54 of the incident upon which the claim is based, in a lawful activity from which a person derives 55 a livelihood; 56 (17) "Guardian", one appointed by a court to have the care and custody of the person of 57 a minor or of an incapacitated person, including a limited guardian; 58 (18) "Hit and run", the crime of leaving the scene of a motor vehicle accident as defined 59 in section 577.060; 60 (19) "Incapacitated person", one who is unable by reason of any physical or mental 61 condition to receive and evaluate information or to communicate decisions to such an extent that 62 he lacks capacity to meet essential requirements for food, clothing, shelter, safety or other care 63 such that serious physical injury, illness, or disease is likely to occur, including a partially 64 incapacitated person who lacks the capacity to meet, in part, such essential requirements; 65 (20) "Injured victim", a person: HB 1434 372 66 (a) Killed or receiving a personal physical injury in this state as a result of another 67 person's commission of or attempt to commit any crime; 68 (b) Killed or receiving a personal physical injury in this state while in a good faith 69 attempt to assist a person against whom a crime is being perpetrated or attempted; 70 (c) Killed or receiving a personal physical injury in this state while assisting a law 71 enforcement officer in the apprehension of a person who the officer has reason to believe has 72 perpetrated or attempted a crime; 73 (21) "Law enforcement official", a sheriff and his regular deputies, municipal police 74 officer or member of the Missouri state highway patrol and such other persons as may be 75 designated by law as peace officers; 76 (22) "Offender", a person who commits a crime; 77 (23) "Personal physical injury", actual bodily harm only with respect to the victim. 78 Personal physical injury may include mental or nervous shock resulting from the specific 79 incident upon which the claim is based; 80 (24) "Private agency", a not-for-profit corporation, in good standing in this state, which 81 provides services to victims of crime and their dependents; 82 (25) "Public agency", a part of any local or state government organization which 83 provides services to victims of crime; 84 (26) "Relative", the spouse of the victim or a person related to the victim within the third 85 degree of consanguinity or affinity as calculated according to civil law; 86 (27) "Survivor", the spouse, parent, legal guardian, grandparent, sibling or child of the 87 deceased victim of the victim's household at the time of the crime; 88 (28) "Victim", a person who suffers personal physical injury or death as a direct result 89 of a crime, as defined in subdivision (5) of this subsection; 90 (29) "Victim advocacy", assisting the victim of a crime and his dependents to acquire 91 services from existing community resources. 92 2. As used in sections 565.024 and 565.060 and sections 595.010 to 595.075, the term 93 "alcohol-related traffic offense" means those offenses defined by sections 577.001, 577.010, and 94 577.012, and any county or municipal 95 ordinance which prohibits operation of a motor vehicle while under the influence of alcohol. 630.200. In accordance with state and federal law, no mental health facility or mental 2 health program in which people may be civilly detained pursuant to chapter 632 and no 3 residential facility, day program or specialized service operated, funded or licensed by the 4 department shall deny admission or other services to any person because of his race, sex, creed, 5 [marital] domestic union status, national origin, disability or age. HB 1434 373 650.454. 1. The governor is hereby authorized to award and present, in the name of the 2 state of Missouri, a medal to a public safety officer, upon the recommendation of the board, for 3 extraordinary valor above and beyond the call of duty. The medal shall be Missouri's highest 4 award for valor by a public safety officer. 5 2. In the event of the death of any person who would be entitled to a medal pursuant to 6 the provisions of sections 650.450 to 650.460, the same may be presented to a surviving relative 7 on behalf of the deceased in the following order: widow, if not [remarried] a party to a new 8 contract of domestic union; eldest living son; eldest living daughter; father; mother; eldest 9 living brother; eldest living sister; and eldest living grandchild. 10 [451.022. 1. It is the public policy of this state to recognize marriage 2 only between a man and a woman. 3 2. Any purported marriage not between a man and a woman is invalid. 4 3. No recorder shall issue a marriage license, except to a man and a 5 woman. 6 4. A marriage between persons of the same sex will not be recognized for 7 any purpose in this state even when valid where contracted.] 8 [451.040. 1. Previous to any marriage in this state, a license for that 2 purpose shall be obtained from the officer authorized to issue the same, and no 3 marriage contracted shall be recognized as valid unless the license has been 4 previously obtained, and unless the marriage is solemnized by a person 5 authorized by law to solemnize marriages. 6 2. Before applicants for a marriage license shall receive a license, and 7 before the recorder of deeds shall be authorized to issue a license, the parties to 8 the marriage shall present an application for the license, duly executed and signed 9 in the presence of the recorder of deeds or their deputy. If an applicant is unable 10 to sign the application in the presence of the recorder of deeds as a result of the 11 applicant's incarceration or because the applicant has been called or ordered to 12 active military duty out of the state or country, the recorder of deeds may issue 13 a license if: 14 (1) An affidavit or sworn statement is submitted by the incarcerated or 15 military applicant on a form furnished by the recorder of deeds which includes 16 the necessary information for the recorder of deeds to issue a marriage license 17 under this section. The form shall include, but not be limited to, the following: 18 (a) The names of both applicants for the marriage license; 19 (b) The date of birth of the incarcerated or military applicant; 20 (c) An attestation by the incarcerated or military applicant that both 21 applicants are not related; 22 (d) The date the marriage ended if the incarcerated or military applicant 23 was previously married; HB 1434 374 24 (e) An attestation signed by the incarcerated or military applicant stating 25 in substantial part that the applicant is unable to appear in the presence of the 26 recorder of deeds as a result of the applicant's incarceration or because the 27 applicant has been called or ordered to active military duty out of the state or 28 country, which will be verified by the professional or official who directs the 29 operation of the jail or prison or the military applicant's military officer, or such 30 professional's or official's designee, and acknowledged by a notary public 31 commissioned by the state of Missouri at the time of verification. However, in 32 the case of an applicant who is called or ordered to active military duty outside 33 Missouri, acknowledgement may be obtained by a notary public who is duly 34 commissioned by a state other than Missouri or by notarial services of a military 35 officer in accordance with the Uniform Code of Military Justice at the time of 36 verification; 37 (2) The completed marriage license application of the incarcerated or 38 military applicant is submitted which includes the applicant's Social Security 39 number; except that, in the event the applicant does not have a Social Security 40 number, a sworn statement by the applicant to that effect; and 41 (3) A copy of a government-issued identification for the incarcerated or 42 military applicant which contains the applicant's photograph. However, in such 43 case the incarcerated applicant does not have such an identification because the 44 jail or prison to which he or she is confined does not issue an identification with 45 a photo his or her notarized application shall satisfy this requirement. 46 3. Each application for a license shall contain the Social Security number 47 of the applicant, provided that the applicant in fact has a Social Security number, 48 or the applicant shall sign a statement provided by the recorder that the applicant 49 does not have a Social Security number. The Social Security number contained 50 in an application for a marriage license shall be exempt from examination and 51 copying pursuant to section 610.024. After the receipt of the application the 52 recorder of deeds shall issue the license, unless one of the parties withdraws the 53 application. The license shall be void after thirty days from the date of issuance. 54 4. Any person violating the provisions of this section shall be deemed 55 guilty of a misdemeanor. 56 5. Common-law marriages shall be null and void. 57 6. Provided, however, that no marriage shall be deemed or adjudged 58 invalid, nor shall the validity be in any way affected for want of authority in any 59 person so solemnizing the marriage pursuant to section 451.100, if consummated 60 with the full belief on the part of the persons, so married, or either of them, that 61 they were lawfully joined in marriage.] 62 [451.080. 1. The recorders of the several counties of this state, and the 2 recorder of the city of St. Louis, shall, when applied to by any person legally 3 entitled to a marriage license, issue the same which may be in the following form: 4 State of Missouri ) HB 1434 375 5 ) 6 ss. 7 ) County of ....................... ) 8 This license authorizes any judge, associate circuit judge, licensed or 9 ordained preacher of the gospel, or other person authorized under the laws of this 10 state, to solemnize marriage between A B of ........., county of ....... and state of 11 ......, who is ...... the age of eighteen years, and C D of ......, in the county of ....., 12 state of ......, who is ...... the age of eighteen years. 13 2. If the man is under eighteen or the woman under eighteen, add the 14 following: 15 The custodial parent or guardian, as the case may be, of the said A B or 16 C D (A B or C D, as the case may require), has given his or her assent to the said 17 marriage. 18 Witness my hand as recorder, with the seal of office hereto affixed, at my 19 office, in ......, the ...... day of ......, 20.., recorder. 20 3. On which such license the person solemnizing the marriage shall, 21 within fifteen days after the issuing thereof, make as near as may be the following 22 return, and return such license to the officer issuing the same: State of Missouri 23 ) 24 ) 25 ss. 26 ) County of ................... ) 27 This is to certify that the undersigned ...... did at ......, in said county, on 28 the ........ day of .......... A.D. 20....., unite in marriage the above-named persons.] 29 [451.090. 1. No recorder shall, in any event except as herein provided, 2 issue a license authorizing the marriage of any person under fifteen years of age; 3 provided, however, that such license may be issued on order of a circuit or 4 associate circuit judge of the county in which the license is applied for, such 5 license being issued only for good cause shown and by reason of such unusual 6 conditions as to make such marriage advisable. 7 2. No recorder shall issue a license authorizing the marriage of any male 8 under the age of eighteen years or of any female under the age of eighteen years, 9 except with the consent of his or her custodial parent or guardian, which consent 10 shall be given at the time, in writing, stating the residence of the person giving 11 such consent, signed and sworn to before an officer authorized to administer 12 oaths. 13 3. The recorder shall state in every license whether the parties applying 14 for same, one or either or both of them, are of age, or whether the male is under 15 the age of eighteen years or the female under the age of eighteen years, and if the 16 male is under the age of eighteen years or the female is under the age of eighteen 17 years, the name of the custodial parent or guardian consenting to such marriage.] 18 HB 1434 376 [451.100. Marriages may be solemnized by any clergyman, either active 2 or retired, who is in good standing with any church or synagogue in this state. 3 Marriages may also be solemnized, without compensation, by any judge, 4 including a municipal judge. Marriages may also be solemnized by a religious 5 society, religious institution, or religious organization of this state, according to 6 the regulations and customs of the society, institution or organization, when 7 either party to the marriage to be solemnized is a member of such society, 8 institution or organization.] 9 [451.110. Every person solemnizing marriages under this chapter shall 2 issue and deliver to the parties to such marriage a certificate thereof, which shall 3 be furnished in blank by the officer who issues such license, setting forth the 4 names and residence of the parties and the date of such marriage, and the county 5 from which the license was issued and the date of same; and such certificates 6 shall be prima facie evidence of the facts therein stated in all courts of this state.] 7 [451.115. Every person who shall solemnize any marriage, having 2 knowledge of any fact which renders such marriage unlawful or criminal in either 3 of the parties under any law of this state, or, having knowledge or reasonable 4 cause to believe that either of the parties shall be under the age of legal consent, 5 or is prohibited by section 451.020 from entering into such marriage, or where 6 to his knowledge, any other legal impediment exists to such marriage, and every 7 person not authorized by law to solemnize marriages who shall falsely represent 8 that he is so authorized, and who, by any pretended marriage ceremony which he 9 may perform, shall deceive any innocent person or persons into the belief that 10 they have been legally married, shall, on conviction, be adjudged guilty of a class 11 C misdemeanor.] 12 [451.120. Any person who shall solemnize any marriage wherein the 2 parties have not obtained a license, as provided by this chapter, or shall fail to 3 keep a record of the solemnization of any marriage, shall be deemed guilty of a 4 misdemeanor, and upon conviction shall be fined not exceeding five hundred 5 dollars, and in addition shall be subject to a civil action by the parent, conservator 6 or other person having care or custody of the person so married, to whom 7 services are due wherein the recovery shall not exceed the sum of five hundred 8 dollars; and any recorder who shall issue a license contrary to the provisions of 9 this chapter shall be subject to a like punishment.] 10 [451.160. The reputed father and mother of children who were born 2 before the ceremony of marriage is performed, as provided by this chapter, may, 3 at the time of solemnization of said marriage, give to the officer the names of 4 their children then living, or the descendants of such as may be dead; and it shall 5 be the duty of such officer to record such names with his certificate of marriage.] HB 1434 377 [451.170. In any county in this state where the record of any marriage has 2 been lost or destroyed, such record may be supplied by the minister or officer 3 who solemnized any such marriage, by filing in the recorder's office of such 4 county a certificate showing the names of the persons by him married, the date 5 of such marriage, and the county in which the same was solemnized.] 6 [451.180. In all counties in this state where records of marriages have 2 been destroyed by fire or otherwise, any person whose record of marriage has 3 been destroyed, or the heirs or descendants of such person, may obtain from the 4 officer or minister who solemnized such marriage a certificate, showing dates, 5 names of parties married, and witnesses present at said solemnization of 6 marriage, so far as said officer or minister may be able to certify the same; and 7 the record of said certificate shall be prima facie evidence of said marriage in all 8 the courts of this state.] 9 [451.290. A married woman shall be deemed a femme sole so far as to 2 enable her to carry on and transact business on her own account, to contract and 3 be contracted with, to sue and be sued, and to enforce and have enforced against 4 her property such judgments as may be rendered for or against her, and may sue 5 and be sued at law or in equity, with or without her husband being joined as a 6 party; provided, a married woman may invoke all exemption and homestead laws 7 now or hereafter in force for the protection of personal and real property owned 8 by the head of a family, except in cases where the husband has claimed such 9 exemption and homestead rights for the protection of his own property.] T