SECOND REGULAR SESSION

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1367

93RD GENERAL ASSEMBLY

     Reported from the Committee on Aging, Families, Mental and Public Health, April 27, 2006, with recommendation that the Senate Committee Substitute do pass.

TERRY L. SPIELER, Secretary.

3896S.05C

AN ACT

To repeal sections 34.165 and 178.930, RSMo, and to enact in lieu thereof two new sections relating to state purchasing and printing.

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

            Section A.  Sections 34.165 and 178.930, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 34.165 and 178.930, to read as follows:

            34.165.  1.  In making purchases for this state, its governmental agencies or political subdivisions, the commissioner of administration shall give a bidding preference consisting of a [five-point] ten-point bonus on bids for products and services manufactured, produced or assembled in qualified nonprofit organizations for the blind established pursuant to the provisions of 41 U.S.C. sections 46 to 48c, as amended and in sheltered workshops holding a certificate of approval from the department of elementary and secondary education pursuant to section 178.920, RSMo, if the work generates in excess of five thousand dollars in annual revenue for the participating nonprofit organization.

            2.  An affidavit signed by the director or manager and the board president of a participating nonprofit organization shall be provided to the purchasing agency by the contractor at the completion of the contract or within thirty days of the first anniversary of the contract, whichever first occurs, verifying compliance.

            3.  The commissioner of administration shall make such rules and regulations regarding specifications, quality standards, time of delivery, performance and other relevant matters as shall be necessary to carry out the purpose of this section.  No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.  

            [3.]  4.  At the request of the commissioner of administration, the state auditor may examine all records, books and data of any qualified nonprofit organization for the blind to determine the costs of manufacturing products or rendering services and the manner and efficiency of production and administration of such nonprofit organization with relation to any product or services purchased by this state, its governmental agencies or political subdivisions and to furnish the results of such examination to the commissioner for appropriate action.  

            178.930.  1.  (1)  Beginning July 1, [1999] 2006, and [thereafter] until June 30, 2007, the department of elementary and secondary education shall pay monthly, out of the funds appropriated to it for that purpose, to each sheltered workshop a sum equal to [thirteen dollars multiplied by the number of six-hour or longer days worked by handicapped workers] sixty-five dollars for each standard workweek (Monday through Friday) of up to and including thirty hours worked during the preceding calendar month.  Thirteen dollars shall be paid for each six-hour or longer day worked by a handicapped employee on Saturdays or Sundays.  For each handicapped worker employed by a sheltered workshop for less than a thirty-hour week or a six-hour day on Saturdays or Sundays, the workshop shall receive a percentage of the [thirteen dollars] corresponding amount normally paid based on the percentage of [the six-hour day] time worked by the handicapped employee.  

            (2)  Beginning July 1, 2007, and until June 30, 2008, the department of elementary and secondary education shall pay monthly, out of the funds appropriated to it for that purpose, to each sheltered workshop a sum equal to seventy-five dollars for each standard workweek (Monday through Friday) of up to and including thirty hours worked during the preceding calendar month.  Fifteen dollars shall be paid for each six-hour or longer day worked by a handicapped employee on Saturdays or Sundays.  For each handicapped worker employed by a sheltered workshop for less than a thirty-hour week or six-hour day on Saturdays or Sundays, the workshop shall receive a percentage of the corresponding amount normally paid based on the percentage of time worked by the handicapped employee.

            (3)  Beginning July 1, 2008, and until June 30, 2009, the department of elementary and secondary education shall pay monthly, out of the funds appropriated to it for that purpose, to each sheltered workshop a sum equal to eighty-five dollars for each standard workweek (Monday through Friday) of up to and including thirty hours worked during the preceding calendar month.  Seventeen dollars shall be paid for each six-hour or longer day worked by a handicapped employee on Saturdays or Sundays.  For each handicapped worker employed by a sheltered workshop for less than a thirty-hour week or six-hour day on Saturdays or Sundays, the workshop shall receive a percentage of the corresponding amount normally paid based on the percentage of time worked by the handicapped employee.

            (4)  Beginning July 1, 2009, and thereafter, the department of elementary and secondary education shall pay monthly, out of the funds appropriated to it for that purpose, to each sheltered workshop a sum equal to ninety dollars for each standard workweek (Monday through Friday) of up to and including thirty hours worked during the preceding calendar month.  Eighteen dollars shall be paid for each six-hour or longer day worked by a handicapped employee on Saturdays or Sundays.  For each handicapped worker employed by a sheltered workshop for less than a thirty-hour week or six-hour day on Saturdays or Sundays, the workshop shall receive a percentage of the corresponding amount normally paid based on the percentage of time worked by the handicapped employee.

            2.  The department shall accept, as prima facie proof of payment due to a sheltered workshop, information as designated by the department, either in paper or electronic format.  A statement signed by the president, secretary, and manager of the sheltered workshop, setting forth the dates worked and the number of hours worked each day by each handicapped person employed by that sheltered workshop during the preceding calendar month, together with any other information required by the rules or regulations of the department, shall be maintained at the workshop location.  

            3.  There is hereby created in the state treasury the "Sheltered Workshop Per Diem Revolving Fund" which shall be administered by the commissioner of the department of elementary and secondary education.  All moneys appropriated pursuant to subsection 1 of this section shall be deposited in the fund and expended as described in subsection 1 of this section.  

            4.  The balance of the sheltered workshop per diem revolving fund shall not exceed five hundred thousand dollars at the end of each fiscal year and shall be exempt from the provisions of section 33.080, RSMo, relating to the transfer of unexpended balances to the general revenue fund.  Any unexpended balance in the sheltered workshop per diem revolving fund at the end of each fiscal year exceeding five hundred thousand dollars shall be deposited in the general revenue fund.

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