SECOND REGULAR SESSION

HOUSE BILL NO. 1400

90TH GENERAL ASSEMBLY


INTRODUCED BY REPRESENTATIVE FITZWATER.

Read 1st time January 11, 2000, and 1000 copies ordered printed.

ANNE C. WALKER, Chief Clerk

3192L.01I


AN ACT

To amend chapter 208, RSMo, relating to assistance to the elderly and disabled by adding thereto one new section relating to the same subject.




Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Chapter 208, RSMo, is amended by adding thereto one new section, to be known as section 208.277, to read as follows:

208.277. 1. There is hereby created, for the purpose of providing liability insurance for volunteers who provide transportation for the elderly and disabled, a special trust fund within the state treasury to be known as the "Transportation Volunteer Insurance Fund". The fund shall provide coverage to volunteers for claims involving property damage and bodily injury arising out of a volunteer's provision of transportation services to the elderly and disabled pursuant to a volunteer transportation service of a nonprofit agency or organization which is participating in the transportation volunteer insurance fund. Moneys in such special trust fund shall not be deemed to be state funds. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the fund shall not be transferred to general revenue at the end of each biennium.

2. As used in this section, the following terms mean:

(1) "Board", the board of trustees of the transportation volunteer insurance fund;

(2) "Nonprofit agency or organization", area agencies on aging (AAA), senior centers, churches, senior housing developments, nursing homes, long term care facilities, civic and fraternal organizations, health clinics, hospitals and special purpose government units;

(3) "Volunteer transportation service", any service in which a volunteer uses such volunteer's personal vehicle, or a vehicle owned and licensed by a nonprofit organization or agency to provide transportation for disabled or elderly adults.

3. Any nonprofit agency or organization, which sponsors a volunteer transportation service and seeks to participate in the transportation volunteer insurance fund, shall complete an initial application created by the board and transmit therewith an amount as determined by the board. The board may require payment of additional amounts as it deems necessary. Moneys received pursuant to this section shall be transmitted to the director of revenue for deposit in the transportation volunteer insurance fund. The state treasurer may deposit moneys in the fund in any of the qualified depositories of the state. All such deposits shall be secured in a manner and upon the terms as are provided by law relative to state deposits. Interest earned shall be credited to the transportation volunteer insurance fund.

4. The general administration of the fund and the responsibility for the proper operation of the fund, including all decisions relating to payments from the fund, are hereby vested in a board of trustees. The board of trustees shall consist of the director of the department of social services or the director's designee, the director of the department of health or the director's designee, the director of the department of insurance or the director's designee, and four citizens appointed by the governor with the advice and consent of the senate. Two appointed trustees shall operate a volunteer transportation service. The two remaining appointed trustees shall represent the elderly and disabled public at large. The members appointed by the governor shall serve four-year terms except that the governor shall designate one of the original appointees to be appointed for one year, two to be appointed for two years, two to be appointed for three years and two to be appointed for four years. Any vacancies occurring on the board shall be filled in the same manner as provided in this section.

5. The board shall meet in Jefferson City, Missouri, within thirty days following August 28, 2000. Thereafter, the board shall meet upon the written call of the chairman of the board or by the agreement of any five members of the board. Notice of each meeting shall be delivered to all other trustees in person or by registered mail not less than six days prior to the date fixed for the meeting. The board may meet at any time by unanimous mutual consent. There shall be at least one meeting in each quarter.

6. Five trustees shall constitute a quorum for the transaction of business, and any official action of the board shall be based on a majority vote of the trustees present.

7. The trustees shall serve without compensation but shall receive from the fund their actual and necessary expenses incurred in the performance of their duties for the board.

8. All staff resources for the Missouri transportation volunteer insurance fund shall be provided by the department of social services or another state agency as otherwise specifically determined by the board. The fund shall compensate the department of social services or other state agency for all costs of providing staff required by this subsection. Such compensation shall be made pursuant to contracts negotiated between the board and the department of social services or other state agency.

9. In order to carry out the fiduciary management of the fund, the board may select and employ, or may contract with, persons experienced in insurance underwriting, accounting, the servicing of claims and rate making, and legal counsel to defend third-party claims, who shall serve at the board's pleasure.

10. At the first meeting of the board, the board shall elect one of its members as chairman. The chairman shall preside over meetings of the board and perform such other duties as shall be required by action of the board.

11. The board shall elect one of its members as vice chairman, and the vice chairman shall perform the duties of the chairman in the absence of the latter or upon the chairman's inability or refusal to act.

12. The board shall determine and prescribe all rules and regulations as they relate to fiduciary management of the fund.

13. No trustee or staff member of the fund shall receive any gain or profit from any moneys or transactions of the fund. This shall not preclude any eligible trustee from making a claim or receiving benefits from the transportation volunteer insurance fund.

14. The board may reinsure all or a portion of the fund's liability. Any insurer who sells transportation liability insurance in this state may, at the option of the board, reinsure some portion of the fund's liability.



Missouri House of Representatives