SB 1185
Reorganizes duties within state agencies
Sponsor:
LR Number:
5418L.09C
Last Action:
5/12/2006 - H Calendar S Bills for Third Reading (Fiscal Review)
Journal Page:
Title:
HCS SCS SBs 1185, 1163, 1174, 1200 & 1225
Calendar Position:
Effective Date:
Varies
House Handler:

Current Bill Summary

HCS/SCS/SBs 1185, 1163, 1174, 1200 & 1225 - This act transfers responsibility for various duties between state agencies and eliminates or modifies certain boards and commissions.

Current law provides that the General Assembly shall encourage the development of any veterans' programs related to outreach and education about the historical significance of veteran service. This act removes provisions related to outreach, and also provides that the Lieutenant Governor, rather than the Veterans' Commission, shall administer the provisions of the act.

Under current law the State Emergency Management Agency is organized under the Office of the Adjutant General. This act re-organizes SEMA under the Department of Public Safety and establishes the director of the department as the executive head of the agency. The director shall also appoint a director of SEMA to manage day-to-day operations.

Currently, the director of public safety is responsible for the administration of the domestic violence shelter tax credit. This act transfers responsibility for administration of the tax credit to the director of the department of social services.

This act transfers the collection of surplus lines taxes from the Department of Insurance to the Department of Revenue. The Department of Revenue is required to notify the Director of the Department of Insurance of the sums collected. The Director of the Department of Insurance is required to electronically post a list of non-complaint surplus lines insurers on the Department of Insurance's website.

This act transfers the authority to approve blood alcohol and other chemical testing methods and devices from the Department of Health and Senior Services to the Department of Transportation. The act provides that all the powers, duties and functions relating to the approval and licensing of personnel, methods, techniques, and equipment for the testing of blood alcohol content is transferred from the Department of Health and Senior Services to the Department of Transportation by a Type I transfer. The act provides that all budget authority to fund such duties shall also be transferred to the Department of Transportation. All appropriations to fund these duties shall be paid from general revenue. The highways and transportation commission shall have the authority to suspend, cancel, or revoke credentials, permits and licenses related to the blood alcohol program. The act provides that all bonds, certificates of deposit, letters of credit, drafts, checks, and other financial instruments formerly payable to the Department of Health and Senior Services on behalf of the blood alcohol program shall be payable to the Highways and Transportation Commission to the credit of general revenue.

This act transfers the authority to hear claims and award compensation to crime victims from the Division of Workers' Compensation in the Department of Labor and Industrial Relations to the Department of Public Safety. Petitions to review a decision of the Department of Public Safety may be filed with the administrative hearing commission.

In addition, the Director of the Department of Revenue, who administers the Crime Victims' Compensation Fund and the Services to Victims Fund, shall report monthly to the Department of Public Safety rather than the Division of Workers' Compensation, on the money being deposited into such funds.

This act allows the Department to receive gifts and contributions for the benefit of crime victims and such money will be credited to the Crime Victims' Compensation Fund.

Under current law, the administrative surcharge for workers' compensation deductible plan policyholders is paid in four quarterly installments and a fifth reconciling installment.

This act requires insurers to pay surcharge amounts quarterly and no later than the thirtieth day of the month following the end of the quarter in which the amount is received from policyholders. The surcharge will be deemed paid if they are postmarked or received by the thirtieth day of the month following the end of the quarter in which the amount is owed.

If the director of the Division of Workers' Compensation fails to calculate the surcharge by the thirty-first day of October, any increase in the surcharge subsequently set by the director shall not be effective for any calendar quarter beginning less than sixty days from the date the director determines that an increase shall be made.

This act contains an emergency clause for certain sections.

This act is similar to SB 1026 (2006).

JIM ERTLE

Amendments