HCS/HB 664 - This act would establish a "Missouri National Guard Trust Fund" which would receive state and federal funds, as well as funding from private sources. Missouri taxpayers could designate a minimum of $2 on their state income tax returns to be credited to the Fund. Names and addresses of persons who credit money from their tax returns may be provided to the Office of the Adjutant General for acknowledgment purposes only (Class C felony to use for other purposes). Money appropriated from the General Assembly shall be used only the purposes of Chapter 41, RSMo, (military forces) by Office of the Adjutant General. Until the Fund exceeds $1 million, only one-half of money deposited in the fund may be disbursed.

This act also allows for a Uniformed Honor Detail to attend and render services for anyone entitled to military honors at their burial, internment or memorial service. Funding shall be received from the Missouri National Guard Trust Fund for compensation of recognized veterans' organizations rendering services, which shall be a minimum of basic pay for a sergeant, regardless of rank. Payment may be made from funds appropriated to the Veterans' Trust Fund until the Missouri National Guard Trust Fund exceeds $10 million.

This act removes a current prohibition against using funds appropriated by the General Assembly for the Veterans' Trust Fund to supplant any other existing program or service.

Currently, through July 1, 2000, unencumbered funds of the Gaming Commission Fund are transferred to the Veterans' Commission Capital Improvement Trust Fund. Beginning July 1, 2000, under current law, unencumbered funds shall be transferred to the General Revenue Fund. This act provides that on July 1, 1998, or as soon as practical, all funds in the Veterans' Commission Capital Improvement Trust Fund shall be transferred to the Veterans' Trust Fund for a $100 million endowment for the purpose of funding all Veterans' Commission operations and capital improvements. Remaining unencumbered funds in the Gaming Commission Fund shall be transferred in equal amounts to the Veterans' Trust Fund and the Missouri National Guard Trust Fund to maintain a $100 million balance in each fund.

This act establishes a preponderance of evidence standard on the agency, in any action regarding any rule promulgated by an agency pursuant to this act, to show that the rule or "threatened application of the rule" is valid, authorized by law, not in conflict with any law and not arbitrary and capricious. Reasonable fees and expenses go to the prevailing party. All rules promulgated under this act expire in one year unless the General Assembly extends it. The rules provisions terminate upon any modification to section 536.024, RSMo, prior to August 28, 1997.

The provisions of this act are similar to part of HCS/SB 208 (1997).
MARGARET J. TOALSON