313.835. Gaming commission fund created, purpose, expenditures--veterans' commission capital improvement trust fund, created, purpose, funding--disposition of proceeds of gaming commission fund--e - Missouri Statutes

Gaming commission fund created, purpose, expenditures--veterans'commission capital improvement trust fund, created, purpose,funding--disposition of proceeds of gaming commission fund--earlychildhood development education and care fund, created, purpose,funding, study, rules--grants for veterans' service officerprogram.

313.835. 1. All revenue received by the commission from licensefees, penalties, administrative fees, reimbursement by any excursiongambling boat operators for services provided by the commission andadmission fees authorized pursuant to the provisions of sections 313.800 to313.850, except that portion of the admission fee, not to exceed one cent,that may be appropriated to the compulsive gamblers fund as provided insection 313.820, shall be deposited in the state treasury to the credit ofthe "Gaming Commission Fund" which is hereby created for the sole purposeof funding the administrative costs of the commission, subject toappropriation. Moneys deposited into this fund shall not be consideredproceeds of gambling operations. Moneys deposited into the gamingcommission fund shall be considered state funds pursuant to article IV,section 15 of the Missouri Constitution. All interest received on thegaming commission fund shall be credited to the gaming commission fund. Ineach fiscal year, total revenues to the gaming commission fund for thepreceding fiscal year shall be compared to total expenditures and transfersfrom the gaming commission fund for the preceding fiscal year. Theremaining net proceeds in the gaming commission fund shall be distributedin the following manner:

(1) The first five hundred thousand dollars shall be appropriated ona per capita basis to cities and counties that match the state portion andhave demonstrated a need for funding community neighborhood organizationprograms for the homeless and to deter gang-related violence and crimes;

(2) The remaining net proceeds in the gaming commission fund forfiscal year 1998 and prior years shall be transferred to the "Veterans'Commission Capital Improvement Trust Fund", as hereby created in the statetreasury. The state treasurer shall administer the veterans' commissioncapital improvement trust fund, and the moneys in such fund shall be usedsolely, upon appropriation, by the Missouri veterans' commission for:

(a) The construction, maintenance or renovation or equipment needs ofveterans' homes in this state;

(b) The construction, maintenance, renovation, equipment needs andoperation of veterans' cemeteries in this state;

(c) Fund transfers to Missouri veterans' homes fund establishedpursuant to the provisions of section 42.121, RSMo, as necessary tomaintain solvency of the fund;

(d) Fund transfers to any municipality with a population greater thanfour hundred thousand and located in part of a county with a populationgreater than six hundred thousand in this state which has established afund for the sole purpose of the restoration, renovation and maintenance ofa memorial or museum or both dedicated to World War I. Appropriations fromthe veterans' commission capital improvement trust fund to such memorialfund shall be provided only as a one-time match for other funds devoted tothe project and shall not exceed five million dollars. Additionalappropriations not to exceed ten million dollars total may be made from theveterans' commission capital improvement trust fund as a match to otherfunds for the new construction or renovation of other facilities dedicatedas veterans' memorials in the state. All appropriations for renovation,new construction, reconstruction, and maintenance of veterans' memorialsshall be made only for applications received by the Missouri veterans'commission prior to July 1, 2004;

(e) The issuance of matching fund grants for veterans' serviceofficer programs to any federally chartered veterans' organization ormunicipal government agency that is certified by the VeteransAdministration to process veteran claims within the Veterans AdministrationSystem; provided that such veterans' organization has maintained aveterans' service officer presence within the state of Missouri for thethree-year period immediately preceding the issuance of any such grant. Atotal of one million dollars in grants shall be made available annuallywith grants being issued in July of each year. Application for thematching grants shall be made through and approved by the Missouriveterans' commission based on the requirements established by thecommission;

(f) For payment of Missouri national guard and Missouri veterans'commission expenses associated with providing medals, medallions andcertificates in recognition of service in the armed forces of the UnitedStates during World War II and the Korean Conflict pursuant to sections42.170 to 42.206, RSMo. Any funds remaining from the medals, medallionsand certificates shall not be transferred to any other fund and shall onlybe utilized for the awarding of future medals, medallions, and certificatesin recognition of service in the armed forces; and

(g) Fund transfers totaling ten million dollars to any municipalitywith a population greater than three hundred fifty thousand inhabitants andlocated in part in a county with a population greater than six hundredthousand inhabitants and with a charter form of government, for the solepurpose of the construction, restoration, renovation and maintenance of amemorial or museum or both dedicated to World War I.

Any interest which accrues to the fund shall remain in the fund and shallbe used in the same manner as moneys which are transferred to the fundpursuant to this section. Notwithstanding the provisions of section33.080, RSMo, to the contrary, moneys in the veterans' commission capitalimprovement trust fund at the end of any biennium shall not be transferredto the credit of the general revenue fund;

(3) The remaining net proceeds in the gaming commission fund forfiscal year 1999 and each fiscal year thereafter shall be distributed asfollows:

(a) The first four and one-half million dollar portion shall betransferred to the access Missouri financial assistance fund, establishedpursuant to the provisions of sections 173.1101 to 173.1107, RSMo, andadditional moneys as annually appropriated by the general assembly shall beappropriated to such fund;

(b) The second three million dollar portion shall be transferred tothe veterans' commission capital improvement trust fund;

(c) The third three million dollar portion shall be transferred tothe Missouri national guard trust fund created in section 41.214, RSMo;

(d) Subject to appropriations, one hundred percent of remaining netproceeds in the gaming commission fund except as provided in paragraph (l)of this subdivision, and after the appropriations made pursuant to theprovisions of paragraphs (a), (b), and (c) of this subdivision, shall betransferred to the "Early Childhood Development, Education and Care Fund"which is hereby created to give parents meaningful choices and assistancein choosing the child-care and education arrangements that are appropriatefor their family. All interest received on the fund shall be credited tothe fund. Notwithstanding the provisions of section 33.080, RSMo, moneysin the fund at the end of any biennium shall not be transferred to thecredit of the general revenue fund. Any moneys deposited in such fundshall be used to support programs that prepare children prior to the age inwhich they are eligible to enroll in kindergarten, pursuant to section160.053, RSMo, to enter school ready to learn. All moneys deposited in theearly childhood development, education and care fund shall be annuallyappropriated for voluntary, early childhood development, education and careprograms serving children in every region of the state not yet enrolled inkindergarten;

(e) No less than sixty percent of moneys deposited in the earlychildhood development, education and care fund shall be appropriated asprovided in this paragraph to the department of elementary and secondaryeducation and to the department of social services to provide earlychildhood development, education and care programs through competitivegrants to, or contracts with, governmental or private agencies. Eightypercent of such moneys pursuant to the provisions of this paragraph andadditional moneys as appropriated by the general assembly shall beappropriated to the department of elementary and secondary education andtwenty percent of such moneys pursuant to the provisions of this paragraphshall be appropriated to the department of social services. Thedepartments shall provide public notice and information about the grantprocess to potential applicants:

a. Grants or contracts may be provided for:

(i) Start-up funds for necessary materials, supplies, equipment andfacilities; and

(ii) Ongoing costs associated with the implementation of a slidingparental fee schedule based on income;

b. Grant and contract applications shall, at a minimum, include:

(i) A funding plan which demonstrates funding from a variety ofsources including parental fees;

(ii) A child development, education and care plan that is appropriateto meet the needs of children;

(iii) The identity of any partner agencies or contractual serviceproviders;

(iv) Documentation of community input into program development;

(v) Demonstration of financial and programmatic accountability on anannual basis;

(vi) Commitment to state licensure within one year of the initialgrant, if funding comes from the appropriation to the department ofelementary and secondary education and commitment to compliance with therequirements of the department of social services, if funding comes fromthe department of social services; and

(vii) With respect to applications by public schools, theestablishment of a parent advisory committee within each public schoolprogram;

c. In awarding grants and contracts pursuant to this paragraph, thedepartments may give preference to programs which:

(i) Are new or expanding programs which increase capacity;

(ii) Target geographic areas of high need, namely where the ratio ofprogram slots to children under the age of six in the area is less than thesame ratio statewide;

(iii) Are programs designed for special needs children;

(iv) Are programs that offer services during nontraditional hours andweekends; or

(v) Are programs that serve a high concentration of low-incomefamilies;

d. Beginning on August 28, 1998, the department of elementary andsecondary education and the department of social services shall initiateand conduct a four-year study to evaluate the impact of early childhooddevelopment, education and care in this state. The study shall consist ofan evaluation of children eligible for moneys pursuant to this paragraph,including an evaluation of the early childhood development, education andcare of those children participating in such program and those notparticipating in the program over a four-year period. At the conclusion ofthe study, the department of elementary and secondary education and thedepartment of social services shall, within ninety days of conclusion ofthe study, submit a report to the general assembly and the governor, withan analysis of the study required pursuant to this subparagraph, all datacollected, findings, and other information relevant to early childhooddevelopment, education and care;

(f) No less than ten percent of moneys deposited in the earlychildhood development, education and care fund shall be appropriated to thedepartment of social services to provide early childhood development,education and care programs through child development, education and carecertificates to families whose income does not exceed one hundredeighty-five percent of the federal poverty level in the manner pursuant to42 U.S.C. 9858c(c)(2)(A) and 42 U.S.C. 9858n(2) for the purpose of fundingearly childhood development, education and care programs as approved by thedepartment of social services. At a minimum, the certificate shall be of avalue per child which is commensurate with the per child payment under item(ii) of subparagraph a. of paragraph (e) of this subdivision pertaining tothe grants or contracts. On February first of each year the departmentshall certify the total amount of child development, education and carecertificates applied for and the unused balance of the funds shall bereleased to be used for supplementing the competitive grants and contractsprogram authorized pursuant to paragraph (e) of this subdivision;

(g) No less than ten percent of moneys deposited in the earlychildhood development, education and care fund shall be appropriated to thedepartment of social services to increase reimbursements to child-carefacilities for low-income children that are accredited by a recognized,early childhood accrediting organization;

(h) No less than ten percent of the funds deposited in the earlychildhood development, education and care fund shall be appropriated to thedepartment of social services to provide assistance to eligible parentswhose family income does not exceed one hundred eighty-five percent of thefederal poverty level who wish to care for their children under three yearsof age in the home, to enable such parent to take advantage of earlychildhood development, education and care programs for such parent's childor children. At a minimum, the certificate shall be of a value per childwhich is commensurate with the per child payment under item (ii) ofsubparagraph a. of paragraph (e) of this subdivision pertaining to thegrants or contracts. The department of social services shall provideassistance to these parents in the effective use of early childhooddevelopment, education and care tools and methods;

(i) In setting the value of parental certificates under paragraph (f)of this subdivision and payments under paragraph (h) of this subdivision,the department of social services may increase the value based on thefollowing:

a. The adult caretaker of the children successfully participates inthe parents as teachers program pursuant to the provisions of sections178.691 to 178.699, RSMo, a training program provided by the department onearly childhood development, education and care, the home-based Head Startprogram as defined in 42 U.S.C. 9832 or a similar program approved by thedepartment;

b. The adult caretaker consents to and clears a child abuse orneglect screening pursuant to subdivision (1) of subsection 2 of section210.152, RSMo; and

c. The degree of economic need of the family;

(j) The department of elementary and secondary education and thedepartment of social services each shall by rule promulgated pursuant tochapter 536, RSMo, establish guidelines for the implementation of the earlychildhood development, education and care programs as provided inparagraphs (e) through (i) of this subdivision;

(k) Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is promulgated under the authority delegated inparagraph (j) of this subdivision shall become effective only if the agencyhas fully complied with all of the requirements of chapter 536, RSMo,including but not limited to, section 536.028, RSMo, if applicable, afterAugust 28, 1998. All rulemaking authority delegated prior to August 28,1998, is of no force and effect and repealed as of August 28, 1998,however, nothing in this section shall be interpreted to repeal or affectthe validity of any rule adopted or promulgated prior to August 28, 1998.If the provisions of section 536.028, RSMo, apply, the provisions of thissection are nonseverable and if any of the powers vested with the generalassembly pursuant to section 536.028, RSMo, to review, to delay theeffective date, or to disapprove and annul a rule or portion of a rule areheld unconstitutional or invalid, the purported grant of rulemakingauthority and any rule so proposed and contained in the order of rulemakingshall be invalid and void, except that nothing in this act shall affect thevalidity of any rule adopted and promulgated prior to August 28, 1998;

(l) When the remaining net proceeds, as such term is used pursuant toparagraph (d) of this subdivision, in the gaming commission fund annuallyexceeds twenty-eight million dollars: one-half million dollars of suchproceeds shall be transferred annually, subject to appropriation, to theaccess Missouri financial assistance fund, established pursuant to theprovisions of sections 173.1101 to 173.1107, RSMo; three million dollars ofsuch proceeds shall be transferred annually, subject to appropriation, tothe veterans' commission capital improvement trust fund; and one milliondollars of such proceeds shall be transferred annually, subject toappropriation, to the Missouri national guard trust fund created in section41.214, RSMo.

2. Upon request by the veterans' commission, the general assembly mayappropriate moneys from the veterans' commission capital improvements trustfund to the Missouri national guard trust fund to support the activitiesdescribed in section 41.958, RSMo.

(L. 1991 H.B. 149 § 16 Adopted by Referendum, Proposition A, November 3, 1992, A.L. 1993 S.B. 10 & 11 § 16, A.L. 1994 S.B. 427 merged with S.B. 740, A.L. 1996 H.B. 832, A.L. 1998 H.B. 1519 & 1165, A.L. 2000 S.B. 902, A.L. 2001 H.B. 207, A.L. 2003 H.B. 444 merged with S.B. 219, A.L. 2007 H.B. 654 & 938 merged with S.B. 389)

CROSS REFERENCE:

Revenue received by the gaming commission from license fees, penalties and administrative fees pursuant to bingo statutes to be deposited in the gaming commission fund, RSMo 313.008

(1997) Any penalties, forfeitures or fines collected pursuant to subdivision (6) of section 313.805 must be distributed as required by article IX, section 7 of the Missouri Constitution. Missouri Gaming Commission v. Missouri Veterans' Commission, 951 S.W.2d 611 (Mo.banc).