SB 653 - This act revises various provisions relating to sheltered workshops.

Currently, the law allows the establishment and operation of sheltered workshops, residence facilities, and related services. In this and other sections, this bill references "sheltered workshops, residence facilities, or any other services or programs for persons with developmental disabilities" instead of referencing only "related services". The new language does not, however, state that the "other services" must be of a type related to sheltered workshops or residence facilities and, instead, allows Boards to conduct needs assessments and provide funds to any services or programs it deems necessary. A new definition for "developmental disability" is also provided. In Section 205.969, new language provides that the Board may not discontinue funding to a sheltered workshop unless eight of the nine members vote in favor of doing so.

The Board may set rules. New language continues rulemaking authority for the Board's services and programs, but states that rules for admission to a sheltered workshop will be established by the Department of Elementary and Secondary Education. Funding for sheltered workshops must be at a minimum of fifteen percent. A county board may provide additional funding or may contractually decrease the minimum level. All funds must be spent in the manner in which the ballot language specifies, or the question must be submitted to the voters (Section 208.970, 205.971).

Section 205.972, RSMo, currently outlines the ballot language to be used for approval of levies. New language changes the ballot language to be used for approval of the establishment of sheltered workshops to include any other services or programs for persons with developmental disabilities (Section 205.972).

A new section is created to provide for the state to grant limited consent to be sued under the ADA in state courts, but not federal courts. Consent is for a maximum monetary award under Section 537.610, regardless of whether the state is insured against the claim. The amount may include attorneys fees, but not punitive or exemplary damages. This section applies to all actions pending or initiated on or after February 21, 2002 (Section 537.617).

This act is substantially similar SS #2/SB 184 and SB 550 (2001).

This act contains an emergency clause.
ERIN MOTLEY