SCS/HCS/HB 1854 - This act modifies provisions relating to individuals with disabilities. SUNSET PROVISION OF THE PREGNANCY RESOURCE CENTER TAX CREDIT (Section 135.630) Under current law, the provisions of law authorizing a tax credit for contributions to pregnancy resource centers will sunset August 28, 2012. This act reauthorizes these provisions until December 31, 2013. This provision is identical to SCS/HCS/HBs 1278 and 1152 (2012); and variations of this provision can be found in HB 1435 (2012); SB 582 (2012); SB 548 (2012); and HB 1101 (2012). TAX CREDITS FOR CONTRIBUTIONS TO CERTAIN RESIDENTIAL CARE PROVIDERS (Section 135.1150) Under current law, residential treatment agencies are prohibited from applying for residential treatment agency tax credits in an amount greater than forty percent of the payments received by the agency from the Department of Social Services. This act would allow residential treatment agencies to apply for such tax credits in an amount which does not exceed the amount of payments received by the agency from the Department of Social Services. The act also allows certain children's homes that are licensed and under contract with the Department of Social Services to be eligible to receive donations and apply for tax credits under this tax credit program and extends the sunset on the program from August 28, 2012, to December 31, 2013. This provision is identical to SCS/HCS/HBs 1278 and 1152 (2012) and variations of this provision can be found in SB 481 (2012); SB 766 (2012); SCS/SB 548 (2012); SB 548 (2012); HB 1172 (2012) and HB 1101 (2012). DEVELOPMENTAL DISABILITY CARE PROVIDER TAX CREDIT PROGRAM (Section 135.1180) The act creates an income tax credit equal to fifty percent of the amount of an eligible donation made, on or after January 1, 2012, to a qualifying developmental disability care provider. Qualifying development disability care provider are care providers that provide assistance to people with developmental disabilities and are either accredited by certain organizations or under contract with the Department of Social Services or the Department of Mental Health. The tax credit may not be applied against withholding taxes. The tax credit is non-refundable, but may be carried forward four years. The tax credit is transferable. A provider may apply to the Department of Social Services for the tax credits. The provisions of this act shall automatically sunset December 31, 2016. These provisions are identical to SCS/HCS/HBs 1278 and 1152 (2012) and variations of this provision can be found in SB 481 (2012); HB 1172 (2012) and SCS/SB 548 (2012). YOUTH WITH DISABILITIES WORK GROUP (Section 161.870) This act requires, by September 1, 2012, the Department of Elementary and Secondary Education to establish a work group to assess the available resources that youth with disabilities need for effective work experiences. The work group shall review all interagency coordination of services for employer matching services to ensure the services adequately meet the needs of youth and young adults with disabilities who seek employment and need job placement assistance. The goal of the work group shall be to evaluate the current efforts and available resources and to promote the involvement of stakeholders when planning and implementing services to provide successful transitions to employment, lifelong learning, and quality of life. The group shall focus on secondary students with disabilities, adults with disabilities, and others who experience barriers to successfully completing school. The group shall: -assess the strengths and where improvements need to be made regarding transition services, instruction, and experiences that reinforce core curriculum concepts and skills that lead to gainful employment; -determine if any additional state partnerships through nonfinancial interagency agreements are necessary to enhance the employment potential of individuals with disabilities; -focus on developing careers for disabled youths to prevent economic and social dependence on the resources of state and community agencies. The department shall submit recommendations based on the findings of the work group to the General Assembly prior to January 1, 2013. The work group members shall be chosen and administered by the Commissioner of Education within the Department and shall utilize existing state agency and community personnel and human resources. These provisions shall terminate on January 1, 2013. This provision is substantially similar to HB 1886 (2012). SERVICE DOGS (Sections 209.200 and 209.202) A professional therapy dog is added to the definition of "service dog" as it relates to crimes against these animals or crimes of impersonating a disabled person. A professional therapy dog is defined as a dog which is selected, trained, and tested to provide specific physical therapeutic functions, under the direction and control of a qualified handler who works with the dog as a team as a part of the handler's occupation or profession but does not include dogs used by volunteers in visitation therapy. (Section 209.200) This provision is identical to HB 1432 (2012). Under current law, any person who knowingly, intentionally, or recklessly causes substantial physical injury to or death of a service dog is guilty of a class A misdemeanor. The act repeals this provision and specifies that any person who, with reckless disregard, injures or kills or permits a dog that he or she owns or is in the immediate control of to injure or kill a service animal shall be guilty of a class A misdemeanor. (Section 209.202.1) Under current law, any person who knowingly or intentionally fails to exercise sufficient control over an animal he or she owns or controls to prevent substantial physical injury to or the death of a service dog, or the inability to function as a service dog as a result, is guilty of a class A misdemeanor. This act repeals this provision and specifies that any person who, with reckless disregard, interferes with or permits a dog that he or she owns or is in the immediate control of to interfere with the use of a service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the service animal or its user is guilty of a class B misdemeanor. Any second or subsequent violation of this provision is a class A misdemeanor. (Section 209.202.2) This act repeals the provisions relating to harassing or chasing a service dog and specifies that any person who intentionally injures or kills or permits a dog that he or she owns or is in the immediate control of to injure or kill a service animal is guilty of a class D felony. (Section 209.202.4) This act repeals current provisions allowing for a cause of action by an owner of a service dog to recover civil damages and specifies that any person who is convicted for violating these provisions shall make full restitution for all damages that arise out of or a related to the offense. Restitution includes, but is not limited to, the value of the animal, replacement and training expenses, veterinary and other medical and boarding expenses for the animal, medical expenses for the owner, and lost wages or income incurred during the period the owner is without the services of the animal. (Section 209.202.6) These provisions are identical to HB 1413 (2012). EMPLOYMENT SECURITY LAWS (Section 288.034) This term defines "employment" for the purpose of employment security law to not mean in-home or community-based services performed by a provider contracted to provide the services for the clients of a county board for developmental disability services organized and commonly known as "SB 40 boards." In these instances, the vendor shall be responsible for the payroll and fringe benefits for the consumer. This provision is identical to HB 1794 (2012). ACCESSIBLE PARKING Under current law, any parking lot that is restriped or constructed shall have one in every four accessible spaces served by an access aisle that is a minimum of 96 inches wide and designated "lift van accessible only." This act specifies that when any political subdivision or owner of private property restripes a parking lot or constructs a new parking lot with 25 or more parking spaces, the lot and accessible signs shall meet the minimum requirements of the federal American with Disabilities Act for the number of required accessible parking spaces. However, not less than one must be served by an access aisle that is a minimum of 96 inches wide and designated "van accessible." If any accessible space is 132 inches wide or wider, the adjacent access aisle shall be a minimum of 60 inches wide. If any accessible space is less than 132 inches wide, the adjacent aisle shall be a minimum of 96 inches wide. This provision contains an emergency clause. (Section 301.143) This provision is identical to HCS/HB 1738 (2012). BRAIN INJURY FUND (Section 304.028) This act adds community-based consumer services in comprehensive brain injury day rehabilitation therapy, vocational, and home and community support to the list of services for which the Department of Health and Senior Services shall expend funds from the Brain Injury Fund to individuals with brain injury. The department, in cooperation with the Department of Social Services, shall seek a federal waiver from the federal Department of Health and Human Services to allow moneys in the fund to be used for brain injury services under the MO HealthNet Program. Upon the granting of a waiver, 50% of all moneys in the fund shall be designated as MO HealthNet federal match moneys. Any approved federal waiver shall provide parity in funding for each eligible program service area to create a balance for access to all brain injury services. A 10-member committee shall be established to develop service descriptions, regulations, and parity of funding for the eligible service areas, as needed. The committee shall meet at least annually to review services using the most current Department of Health Senior Services brain injury needs assessments and to address any modifications needed in the program services to ensure services are meeting the needs of brain injury consumers. This act increases, from $2 to $10, the surcharge that is assessed on all criminal cases which is deposited into the Brain Injury Fund. ADRIANE CROUSE
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