FIRST REGULAR SESSION
SENATE BILL NO. 390
92ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR JACOB.
Read 1st time January 30, 2003, and 1,000 copies ordered printed.
TERRY L. SPIELER, Secretary.
1329S.02I
AN ACT
To repeal sections 31.010, 104.342, 104.1200, 172.035, 174.020, 174.450, 174.500, 176.010, 261.023, 262.060, 262.080, and 262.090, RSMo, and to enact in lieu thereof thirteen new sections relating to state institutions of higher education, with an effective date.
Section A.Sections 31.010, 104.342, 104.1200, 172.035, 174.020, 174.450, 174.500, 176.010, 261.023, 262.060, 262.080, and 262.090, RSMo, are repealed and thirteen new sections enacted in lieu thereof, to be known as sections 31.010, 104.342, 104.1200, 172.035, 172.900, 172.910, 174.020, 174.450, 176.010, 261.023, 262.060, 262.080, and 262.090, to read as follows:
31.010.1.There are hereby established and created in the treasury department of this state the following named funds: "Missouri Veterans Home", "Missouri State Chest Hospital", "Truman State University", "Northwest Missouri State University", "Central Missouri State University", "Southeast Missouri State University", ["Southwest Missouri State University",] and "Lincoln University".
2.Upon transfer of funds from the Missouri state chest hospital fund to the board of curators of the University of Missouri pursuant to section 172.860, RSMo, the Missouri state chest hospital fund shall be abolished.
104.342.1.Any person hired by the state on or after August 13, 1986, in any of the positions described in this subsection shall be a member of the system from the date on which such employment begins.This subsection shall apply to any person duly certified under the law governing the certification of teachers who is employed full time:
(1)As a teacher by the division of youth services;
(2)As a teacher by a division of the state department of social services and who renders services in a school whose standards of education are set and which is supervised by a public school officer of the county in which the school is located, by the department of elementary and secondary education or by the coordinating board for higher education;
(3)As a teacher by the section of inmate education of the department of corrections;
(4)In either a teaching or supervisory teaching capacity by the department of mental health, in which his or her duties include participation in the educational program of the department of mental health.
2.Any person employed in any of the positions described in subsection 1 of this section immediately prior to and on August 13, 1986, may elect, in writing, to:
(1)Become a member of the Missouri state employees' retirement system effective January 1, 1987.Any person who, by virtue of an election made under this subdivision, becomes a member of the Missouri state employees' retirement system shall be entitled to creditable prior service credit for service rendered in any of the positions described in subsection 1 of this section.Members who so elect shall be eligible, upon written request filed with the public school retirement system, to receive a refund of their accumulated contributions including interest of six percent and upon payment of such refund, the public school retirement systems shall pay to the state employees' retirement system before June 30, 1987, an amount equal to the amount paid the public school retirement system on behalf of each member so electing by the member's employer; or
(2)Remain a member of the public school retirement system of Missouri created under sections 169.010 to 169.140, RSMo.Any person entitled to make the election provided by this subsection who does not make such election, in writing, by January 1, 1987, shall be deemed to have elected to be governed by subdivision (1) of this subsection.
3.Any person who is employed on a full-time basis by Truman State University, Northwest Missouri State University, Central Missouri State University, Southeast Missouri State University, [Southwest Missouri State University,] Harris-Stowe State College or Missouri Southern State College and Missouri Western State College shall be a member of the system; except that any person who is duly certified under the laws governing the certification of teachers and who is a full-time employee of such institution or institutions on June 14, 1989, and is contributing because of such employment to a retirement system established under sections 169.010 to 169.140, RSMo, or sections 169.410 to 169.540, RSMo, may make an election to continue in that retirement system if such election is made on or before December 31, 1989.This election shall not apply to any such person who commenced receiving retirement benefits prior to January 1, 1990, from any state retirement system because of such service.
4.Effective January 1, 1990, only after an affirmative referendum in accordance with section 105.353, RSMo, any person who is employed on a full-time basis by the department of elementary and secondary education shall be a member of the system; except that any person duly certified under the law governing the certification of teachers who is a full-time employee at any time during the period extending from June 14, 1989, through December 31, 1989, and is contributing because of such employment to the retirement system established under sections 169.010 to 169.140, RSMo, may elect to continue in that retirement system if such election is made on or before December 31, 1989.This election shall not apply to any such person who commenced receiving retirement benefits prior to January 1, 1990, from any state retirement system because of such service.
5.On June 14, 1989, all newly employed persons in the positions described in subsection 3 of this section shall become members of the Missouri state employees' retirement system.Effective January 1, 1990, and only after an affirmative referendum provided for in subsection 4 of this section, all newly employed persons in the positions described in subsection 4 of this section shall become members of the Missouri state employees' retirement system.
6.Any employee actively employed on June 14, 1989, who, because of employment in a position described in subsection 1, 3 or 4 of this section, has creditable service in this system for such employment which at the time the service was rendered was not covered by the federal Social Security Act, shall remain in this system and be entitled to the benefits provided under subdivision (1) of subsection 7 of this section; except that any such employee who has creditable service in this system because of employment in a position described in subsection 4 of this section which is not covered by the federal Social Security Act on January 1, 1990, shall not be entitled to the benefits provided under subdivision (1) of subsection 7 of this section for such creditable service.
7.Any person entitled to make the election provided by subsection 3 or 4 of this section, who does not make such election, in writing, on or before December 31, 1989, shall be deemed to have elected to be governed by subdivision (1) of this subsection:
(1)Those persons described in subsections 3 and 4 of this section who elect or have elected by written request filed with the board to be members of this system, shall be entitled to creditable prior service for service rendered in any of the positions described in subsections 1, 3 and 4 of this section.Any person who so elects shall be eligible, upon written request filed with the board on or before March 31, 1990, with the retirement system established under sections 169.010 to 169.140, RSMo, or sections 169.410 to 169.540, RSMo, to receive a refund of the member's accumulated contributions for the creditable service in any of the positions described in subsections 1, 3 and 4 of this section, plus interest at an annual rate of six percent computed on the refundable balance, if any, in the member's account in that retirement system as of June 30, 1989.Such refunds shall be made prior to June 1, 1990.If any creditable prior service transferred under subsection 1, 3 or 4 of this section, or subsection 3 of section 104.372, includes periods of service not covered by the federal Social Security Act, as provided in sections 105.300 to 105.445, RSMo, then, in calculating the benefit amount payable to such member, the normal annuity shall be an amount equal to two and one-tenth percent of the average compensation of the member multiplied by the number of years of such creditable service for the positions described in subsections 1, 3 and 4 of this section not covered by the federal Social Security Act in addition to an amount payable under section 104.374 for all service covered by the federal Social Security Act.The normal annuity as described in this subdivision shall be adjusted for early retirement, if applicable;
(2)Any person described in subsections 3 and 4 of this section, who elects to remain in one of the retirement systems established under sections 169.010 to 169.140, RSMo, or sections 169.410 to 169.540, RSMo, shall, notwithstanding any provision of chapter 169, RSMo, to the contrary, be a noncontributing member of such system and shall receive a refund of the member's accumulated contributions for the creditable service in any of the positions described in subsection 1, 3 or 4 of this section, plus interest at an annual rate of six percent computed on the refundable balance, if any, in the member's account in that retirement system as of June 30, 1989.Such refunds shall be made prior to June 1, 1990.At the time of retirement under the provisions of sections 169.010 to 169.140, RSMo, or sections 169.410 to 169.540, RSMo, such person shall receive a retirement benefit computed under the then existing law of that retirement system; except that, for any person employed in a position described in subsection 4 of this section, the benefit shall be the amount computed as though the position were not covered by the federal Social Security Act, reduced by the amount of any federal Social Security benefit the person may receive which is attributable to service rendered in the positions described in subsection 4 of this section after December 31, 1989.
8.Upon payment of the refunds provided in subdivision (1) of subsection 7 of this section, each refunding retirement system shall pay to the state employees' retirement system, by December 31, 1990, an amount actuarially determined to equal the liability transferred from such retirement systems.At least ninety days before each regular session of the general assembly the board of trustees of the affected public school retirement system shall certify to the division of budget an actuarially determined estimate of the amount which will be necessary during the next appropriation period to pay all liabilities, including costs of administration, which shall exist or accrue under subsections 1 through 7 of this section during such period.The estimate shall be computed as a level percentage of payroll compensation to cover the normal cost and to amortize the accrued liability over a period not to exceed forty years.The commissioner of administration shall request appropriation of the amount calculated under the provisions of this subsection.The commissioner of administration monthly shall requisition and certify the payment to the executive secretary of the appropriate school retirement system.
9.Notwithstanding any provisions of chapter 169, RSMo, to the contrary, any member who becomes a member under the provisions of subsection 2, 5, or 7 of this section and who has creditable service with a public school retirement system under that chapter because of employment with any employer other than those defined in subsection 1, 3, or 4 of this section shall immediately vest in that public school retirement system and upon attainment of the minimum retirement age of that system shall be entitled to a monthly benefit based on such creditable service and the law in effect at that time, provided the person does not elect to withdraw the member's accumulated contributions for such creditable service from that public school retirement system.
10.Effective July 1, 1988, the Lincoln University board of curators shall terminate the Lincoln University retirement, disability and death benefit plan and shall purchase through competitive bids annuities adequate to cover the liability for all benefits presently being paid from such plan to former employees or their surviving beneficiaries upon the death of the employee as provided by such plan at the time of the commencement of benefits to such former employees or beneficiaries.Lincoln University shall pay to the Missouri state employees' retirement system on or before July 1, 1988, an amount equal to all funds and securities thereon contained in the Lincoln University retirement, disability and death benefit plan less the amount needed to purchase annuities for retiree and survivor benefits.
11.Effective July 1, 1988, the Lincoln University board of curators shall certify to the board of trustees of the Missouri state employees' retirement system all persons eligible to receive but not yet receiving benefits under the Lincoln University retirement, disability and death benefit plan, for service prior to June 30, 1988, together with the amounts payable and supporting documentation as to the methods, plan provisions and data used to calculate such benefits, to the satisfaction of the board of trustees of the Missouri state employees' retirement system, and the Missouri state employees' retirement system shall assume responsibility for payment of such benefits in the future.
12.Any person employed on a full-time basis by Lincoln University on or after July 1, 1988, shall become a member of the Missouri state employees' retirement system, and may elect in writing to receive creditable prior service for all full-time service to Lincoln University if such service is not now credited the member under the Missouri state employees' retirement system, and provided the member elects in writing to forfeit all rights accrued under the Lincoln University retirement, disability and death benefit plan for such service.
13.(1)Any person who is employed by Harris-Stowe State College as a teacher or administrator on August 28, 1995, who was employed full time by Harris-Stowe College prior to September 1, 1978, who became a member of the Missouri state employees' retirement system on or after September 1, 1978, and who has been continuously employed by the college, may purchase creditable prior service for any service rendered to Harris-Stowe College prior to September 1, 1978, which is not otherwise credited under the Missouri state employees' retirement system, not to exceed twelve years;
(2)Any person eligible to purchase creditable prior service under the provisions of subdivision (1) of this subsection may make written application to the board of trustees of the Missouri state employees' retirement system prior to retirement, but not later than April 1, 1996.The purchase shall be effected by the member and the public school retirement system of which the member was previously a member paying to the Missouri state employees' retirement system the following amounts:
(a)The amount contributed by the employee to the St. Louis public school retirement system during the years of prior service with Harris-Stowe College for which the employee seeks to purchase creditable prior service in the Missouri state employees' retirement system, including interest which may have been credited to the member's individual account with the system, or which would have been credited to the account had it remained with the St. Louis public school retirement system; and
(b)An amount which shall not be less than zero and which shall equal the actuarial accrued liability of the St. Louis public school retirement system for the prior service, determined as of the transfer date as if the member were still in active service covered by the St. Louis public school retirement system, less the amount stipulated in paragraph (a) of this subdivision;
(c)If the member had received a refund of contributions related to service covered by the St. Louis public school retirement system, the amount stipulated in paragraph (a) of this subdivision shall be paid to the Missouri state employees' retirement system by the member, otherwise, such amount shall be paid to the Missouri state employees' retirement system by the St. Louis public school retirement system;
(3)Any amount payable to the Missouri state employees' retirement system by the member may be paid in a lump sum or in monthly installments.If paid in monthly installments, the period over which payments are being made may not extend beyond the earlier of the member's retirement date or April 1, 1997, and shall include interest at a rate established by the board of trustees of the Missouri state employees' retirement system;
(4)Any amounts payable to the Missouri state employees' retirement system by the St. Louis public schools retirement system shall be paid in a lump sum and shall not be paid later than the earlier of the member's retirement date or April 1, 1997, and shall include interest at a rate established by the board of trustees of the Missouri state employees' retirement system;
(5)Any person who elects to purchase creditable prior service under the provisions of this section shall file with the St. Louis public school retirement system an irrevocable waiver and release of any rights and benefits in that system for the creditable prior service being purchased.The member shall file with the Missouri state employees' retirement system a copy of the waiver and an affidavit stating that he or she is no longer eligible to receive benefits or credits in any other retirement system for the creditable prior service being purchased;
(6)All retirement plans defined under section 105.660, RSMo, shall develop a procurement action plan for utilization of minority and women money managers, brokers and investment counselors.Such retirement systems shall report their progress annually to the joint committee on public employee retirement and the governor's minority advocacy commission.
14.In no event shall any person receive service credit for the same period of service under more than one retirement system.
104.1200.As used in sections 104.1200 to 104.1215, the following terms mean:
(1)"Education employee", any person described in the following classifications who is employed by one of the institutions, otherwise would meet the definition of "employee" pursuant to section 104.010 or 104.1003, and is not employed at a technical or vocational school or college: teaching personnel, instructors, assistant professors, associate professors, professors and academic administrators holding faculty rank;
(2)"Institutions", Truman State University, Northwest Missouri State University, Southeast Missouri State University, [Southwest Missouri State University,] Central Missouri State University, Harris-Stowe State College, Lincoln University, Missouri Western State College and Missouri Southern State College;
(3)"Outside employee", any other provisions of sections 104.010 to 104.1093 to the contrary notwithstanding, an education employee first so employed on or after July 1, 2002, who has not been previously employed in a position covered by the Missouri state employee's retirement system.An outside employee shall not be covered by the other benefit provisions of this chapter, but rather shall be covered by the benefit provisions provided for pursuant to sections 104.1200 to 104.1215.
172.035.1.The governor shall, by and with the advice and consent of the senate, appoint a student representative to the board of curators of the University of Missouri, who shall attend all meetings and participate in all deliberations of the board.Such student representative shall not have the right to vote on any matter before the board.
2.Such student representative shall be a full-time student at the university as defined by the board, selected from a panel of three names submitted to the governor by the student government presidents of the campuses of the university, a citizen of the United States, and a resident of the state of Missouri.No person may be appointed who is not actually enrolled during the term of such person's appointment as a student at the University of Missouri.
3.The term of the student representative shall be two years, except that the person first appointed shall serve until January 1, 1986.
4.If a vacancy occurs for any reason in the position of student representative, the governor shall appoint a replacement who meets the qualifications set forth in subsection 2 of this section and who shall serve until the student representative's successor is appointed and qualified.
5.If the student representative ceases to be a student at the University of Missouri, or a resident of the state of Missouri, or fails to follow the board's attendance policy, the student representative's position shall at once become vacant, unless such absence is caused by sickness or some accident preventing such representative's arrival at the time and place appointed for the meeting.
6.The student representative shall receive the same reimbursement for expenses as other members of the board of curators receive pursuant to section 172.040.
7.Appointments made under this section shall be made in rotation from each of the [four] five campuses of the University of Missouri, beginning with a student from the Columbia campus, next from the Springfield campus, next from the Rolla campus, next from the Kansas City campus, and then from the St. Louis campus.
8.Unless alternative arrangements for payment have been made and agreed to by the student and the university, the student representative shall have paid all student and tuition fees due prior to such appointment and shall pay all future student and tuition fees during the term of office when such fees are due.
172.900.The institution of higher education at Springfield, Greene County, Missouri, known as the "Southwest Missouri State University" shall, on and after July 1, 2004, be incorporated into, and be a campus of, the State University of Missouri System, and shall be governed by the board of curators of the University of Missouri, pursuant to the provisions of this chapter.
172.910.The board of curators of the University of Missouri is authorized to continue the program of higher education at West Plains, Missouri, which was begun in 1963 and which shall be known as the "West Plains Campus of the University of Missouri-Springfield".The State University of Missouri System may include an appropriation request for the branch facility at West Plains in its operating budget.West Plains Campus of the University of Missouri-Springfield shall be a teaching institution, offering one-year certificates, two-year associate degrees and credit and noncredit courses to both traditional and nontraditional students to meet the ongoing and emerging employer and educational needs of the citizens of the area served.
174.020.1.State institutions of higher education governed by sections 174.020 to 174.320 shall be named and known as follows: the institution at Warrensburg, Johnson County, shall hereafter be known as the "Central Missouri State University"; the institution at Cape Girardeau, Cape Girardeau County, shall hereafter be known as the "Southeast Missouri State University"; [the institution at Springfield, Greene County, shall hereafter be known as the "Southwest Missouri State University";] the institution at Maryville, Nodaway County, shall hereafter be known as the "Northwest Missouri State University"; the college at St. Joseph, Buchanan County, shall hereafter be known as the "Missouri Western State College"; the college at Joplin, Jasper County, shall hereafter be known as the "Missouri Southern State College"; and the college in the city of St. Louis shall be known as "Harris-Stowe State College".
2.References in the statutes in this state to such institutions whether denominated colleges or universities in such statutes shall continue to apply to the applicable institution.
3.When the conditions set forth in section 178.631, RSMo, are met, the technical college located in Osage County, commonly known as the East Campus of Linn Technical College, shall be known as "Linn State Technical College".
174.450.The governing board of Central Missouri State University[, Southwest Missouri State University] and of each other public institution of higher education which, through the procedures established in subdivision (7) or (8) of section 173.030, RSMo, is charged with a statewide mission shall be a board of governors consisting of eight members, composed of seven voting members and one nonvoting member as provided in sections 174.453 and 174.455, who shall be appointed by the governor of Missouri, by and with the advice and consent of the senate.No person shall be appointed a voting member who is not a citizen of the United States and who has not been a resident of the state of Missouri for at least two years immediately prior to such appointment.Not more than four voting members shall belong to any one political party.The appointed members of the board of regents serving on the date of the statutory mission change shall become members of the board of governors on the effective date of the statutory mission change and serve until the expiration of the terms for which they were appointed.The board of regents of any such institution shall be abolished on the effective date of the statutory mission change, as prescribed in subdivision (7) or (8) of section 173.030, RSMo.
176.010.The following words and phrases as used in sections 176.010 to 176.080, unless a different meaning is plainly required by the context, shall have the following meanings:
(1)"Governing body" shall mean:
(a)The board of curators of the University of the State of Missouri;
(b)The board of curators of Lincoln University of Missouri;
(c)The board of governors for the Truman State University;
(d)The board of regents for the Central Missouri State University;
(e)The board of regents for the Southeast Missouri State University;
(f)[The board of regents for the Southwest Missouri State University;
(g)]The board of regents for the Northwest Missouri State University;
[(h)](g)The board of regents for the Missouri Western State College;
[(i)](h)The board of regents for the Missouri Southern State College;
[(j)](i)The board of regents for Harris-Stowe State College;
[(k)](j)The board of trustees of any junior college district formed under sections 178.770 to 178.890, RSMo;
[(l)](k)The board of regents of Linn State Technical College, provided the conditions of section 178.631, RSMo, are met.
(2)"Net income and revenues" shall mean the income arising from the operation of a project remaining after providing for the costs of operation of such project and the costs of maintenance thereof.
(3)"Project" shall mean one or more dormitory buildings with or without dining room facilities as an integral part thereof, or dining room facilities alone, or one or more social and recreational buildings, or any other revenue producing facilities of state educational institutions, or any combination of such facilities.
(4)"Revenue bonds" shall mean bonds issued hereunder for the purposes herein authorized and payable, both as to principal and interest, solely and only out of the net income and revenues arising from the operation of the project for which such bonds are issued after providing for the costs of operation and maintenance of such project, and, in addition thereto, in the discretion of the governing body, out of either one or both of the following sources:
(a)The proceeds of any grant in aid of such project which may be received from any source; and
(b)The net income and revenues arising from the operation of another project, as herein defined, already owned and operated by any such state educational institution.
Such bonds shall not be deemed to be an indebtedness of the state of Missouri, the educational institution issuing them, the governing body of such educational institution, or the individual members of such governing body.
(5)"State educational institutions" shall mean and shall include:
(a)The State University of Missouri, incorporated as a body politic under the name of "The Curators of the University of Missouri", together with the departments of said state university especially established by law as the "College of Agriculture at Columbia" and the "University of Missouri-Rolla";
(b)"Lincoln University" at Jefferson City;
(c)"Truman State University" at Kirksville, Missouri;
(d)The several regional universities, to wit:
"Central Missouri State University" at Warrensburg, Missouri;
"Southeast Missouri State University" at Cape Girardeau, Missouri;
["Southwest Missouri State University" at Springfield, Missouri;]
"Northwest Missouri State University" at Maryville, Missouri;
(e)Junior college districts formed under sections 178.770 to 178.890, RSMo;
(f)The several state colleges, to wit:
"Missouri Western State College" at St. Joseph, Missouri;
"Missouri Southern State College" at Joplin, Missouri;
"Harris-Stowe State College" at St. Louis, Missouri;
"Linn State Technical College" in Osage County, Missouri, provided the conditions of section 178.631, RSMo, are met.
261.023.1.There is hereby created a department of agriculture to be headed by a director of the department of agriculture to be appointed by the governor, by and with the advice and consent of the senate.The director shall possess the qualifications presently provided by law for the position of commissioner of agriculture.
2.All powers, duties and functions now vested by law to the commissioner of the department of agriculture and the department of agriculture, chapter 261 RSMo and others, are transferred by type I transfer to the director of the department of agriculture and to the department of agriculture herein created.
3.The state horticultural society created by sections 262.010 and 262.020 RSMo is transferred by type I transfer to the department of agriculture.
4.All the powers, duties, and functions vested in the state milk board, chapter 196, RSMo, are transferred to the department of agriculture by type III transfer.The appointed members of the board shall be nominated by the department director, and appointed by the governor with the advice and consent of the senate.The department of health and senior services shall retain the powers, duties and functions assigned by chapter 196, RSMo.
5.All the powers, duties, functions and properties of the state fruit experiment station, chapter 262, RSMo, are transferred by type I transfer to the [Southwest Missouri State University] Springfield campus of the State University of Missouri System and fruit experiment station board of trustees is abolished.
6.All the powers, duties and functions of the department of revenue relating to the inspection of motor fuel and special fuel distributors, chapters 323 and 414, RSMo, are transferred by type I transfer to the department of agriculture and to the director of that department.The collection of the taxes provided in chapters 142 and 136, however, shall be made by the department of revenue.
262.060.Said manager and inspector shall be under the control of the board of [regents of Southwest Missouri State University] curators of the State University of Missouri System.
262.080.As soon as said experiment station is located it shall be the duty of the board of [regents of Southwest Missouri State University] curators of the State University of Missouri System to procure grounds, if not already donated, at the best advantage, either by donation or purchase, and to erect such buildings thereon for the use of said station; provided, however, they may lease buildings or buy them, if already built, separate and apart from the grounds, provided the grounds shall not be located more than one mile from said buildings.
262.090.The manager and inspector under supervision of the board of [regents of Southwest Missouri State University] curators of the State University of Missouri System is hereby authorized to cause said lands to be cleared, fenced and put in a state of cultivation, or so much thereof as shall be necessary for present uses, and shall plant such trees, berries or vines as the manager and inspector shall think proper as an experiment, and shall test the various varieties as to their adaptability for the climate, the kinds of fruits and berries as to the kind most adapted for the market and most free from disease, and may hire and employ such force as is necessary to do and perform said work.Neither the manager and inspector or any member of his immediate family shall, either directly or indirectly, engage in the production of fruit or fruit products for sale, or purchase for resale any fruit or fruit products during his term of office.
[174.500.1.The board of regents of Southwest Missouri State University is authorized to continue the program of higher education at West Plains, Missouri, which was begun in 1963 and which shall be known as the "West Plains Campus of Southwest Missouri State University".Southwest Missouri State University may include an appropriation request for the branch facility at West Plains in its operating budget.
2.The coordinating board for higher education in cooperation with the board of regents shall develop a mission implementation plan for the campus at West Plains, Howell County, which is known as the "West Plains Campus of Southwest Missouri State University", and which shall be a teaching institution, offering one-year certificates, two-year associate degrees and credit and noncredit courses to both traditional and nontraditional students to meet the ongoing and emerging employer and educational needs of the citizens of the area served.]
Section B.Section A of this act shall become effective on July 1, 2004.