To repeal sections 447.543, 660.100, 660.105, 660.122 and 660.135, RSMo 1994, and section 660.130, RSMo Supp. 1995, relating to the Missouri utilicare program, and to enact six new sections relating to the same subject, with an emergency clause.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Sections 447.543, 660.100, 660.105, 660.122 and 660.135, RSMo 1994, and section 660.130, RSMo Supp. 1995, are repealed and six new sections enacted in lieu thereof, to be known as sections 447.543, 660.100, 660.105, 660.122, 660.130 and 660.136, to read as follows:

447.543. 1. Every person who has filed a report under section 447.539 shall pay all moneys to the treasurer and deliver to the treasurer all other abandoned property specified in the report at the time of filing the report, provided the holder may retain from any such moneys the reasonable costs of complying with sections 447.500 to 447.595, which costs shall be approved by the treasurer. The treasurer shall approve such costs provided such costs are not unreasonable given the facts and circumstances of each case. The holder may recover the total bona fide costs for compliance with sections 447.500 to 447.595. If the owner establishes his right to receive the abandoned property to the satisfaction of the holder before such report is filed, or if it appears that for some other reason the presumption of abandonment is erroneous, the holder need not pay or deliver the property as required in this subsection, which will no longer be presumed abandoned, but in lieu thereof shall file a verified written explanation of the proof of claim or of the error in the presumption of abandonment with the treasurer.

2. The treasurer shall record the name and the last known address of each person appearing from the holders' reports to be entitled to the abandoned funds and cause such funds to be deposited in the special account known as the "Abandoned Fund Account", which is hereby created. The abandoned fund account created by this section shall be the successor account to the abandoned fund account previously in the state treasury and all funds in such accounts on August 13, 1984, shall be transferred to the abandoned fund account created by this section. Records made herein, and open for public inspection under section 447.560, shall be available for public inspection at all reasonable business hours; except that, the records shall not be subject to public inspection or available for copying, reproduction, or scrutiny by commercial or professional locators of property presumed abandoned who charge any service or finder's fee until ninety days after the names of the people to whom property is owed have been published or officially disclosed. From this account the treasurer shall make prompt payment of claims duly allowed by the treasurer. [At any time when the balance of the account exceeds fifty thousand dollars,] The treasurer may, and at least once every fiscal year shall, transfer [to the general revenue of the state of Missouri] that portion of the total balance of the abandoned fund account which exceeds fifty thousand dollars [and,] to the utilicare stabilization fund established pursuant to section 660.136, RSMo; provided that the department of social services may, in coordination with the department of natural resources, apply up to twenty percent of moneys in the utilicare stabilization fund to the department of natural resources' low income weatherization assistance program. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, no other moneys in the abandoned fund account shall lapse at the end of the biennium. Should any claims be allowed or refunds ordered which reduce the balance of the abandoned fund account to less than twenty-five thousand dollars, the treasurer shall transfer from the general funds of the state an amount which is sufficient to restore the balance to fifty thousand dollars.

660.100. 1. The department of social services is directed to establish a plan for providing financial assistance to elderly households, [and] disabled households and qualified individual households for the payment of charges for the primary heating source for the household. This plan shall be known as "Utilicare".

2. For purposes of sections 660.100 to [660.135] 660.136, the term "elderly" shall mean having reached the age of sixty-five and the term "disabled" shall mean totally and permanently disabled or blind and receiving federal social security disability benefits, federal supplemental security income benefits, veterans administration benefits, state blind pension pursuant to sections 209.010 to 209.160, RSMo, state aid to blind persons pursuant to section 209.240, RSMo, or state supplemental payments pursuant to section 208.030, RSMo. For purposes of sections 660.100 to 660.136, but not for the purpose of section 660.138(4), the term "qualified individual household" shall mean a household in which:

(1) One or more residents of the state of Missouri reside and whose combined household income is less than or equal to one hundred and ten percent of the current non-farm federal poverty level for the relevant household; and

(2) While the Federal Low Income Home Energy Assistance Program remains in effect, which household is also determined to be eligible for assistance under such program and related state of Missouri department of social services.

660.105. Every qualified individual household for which an application is made, and every applicant household in which the head of the household or spouse is elderly or disabled and the income for the prior calendar year does not exceed [seven thousand five hundred dollars] one hundred and ten percent of the current non-farm federal poverty level, shall be issued a "utilicare card". "Income" shall be as defined in section 135.010, RSMo. A determination that [an] any applicant meets the eligibility requirements shall be made before a utilicare card is issued. Application for participation in the utilicare program must be made annually.

660.122. Notwithstanding any other provision of sections 660.100 to [660.135] 660.136 to the contrary, funds appropriated under the authority of sections 660.100 to [660.135] 660.136 may be used to pay the expenses of reconnecting or reservicing households that have had their primary or secondary heating source disconnected or service discontinued because of their failure to pay their bill. Any qualified household or household which has as its head a person who is elderly or disabled, as defined in section 660.100[, or who is unemployed and currently drawing or has exhausted his unemployment benefits] shall be eligible for assistance under this section if the income for the household is no more than one hundred [fifty] ten percent of the current non-farm federal poverty level [or sixty percent of the Missouri median income, whichever amount is greater]. Payments under this section shall be made directly to the primary or secondary heating source supplier. Any primary or secondary heating source supplier subject to the supervision and regulation of the public service commission shall, at any time during the period of the cold weather rule specified in the cold weather rule as established by the public service commission, reconnect each household eligible for assistance under this section which has paid, or has had paid on its behalf from either public or private funds, or both, an amount equal to the greater of seventy-five dollars or twenty-five percent of the total outstanding unpaid bills at the time of its disconnection. The remaining unpaid portion of the outstanding bill and bills for service rendered after the reconnection shall be paid in accordance with rules which shall be promulgated by the public service commission. If such bills are paid in accordance with public service commission rules, the primary or secondary heating source supplier shall not disconnect service for the reason that such bills have not been paid in full. No primary or secondary heating source supplier shall be required to reconnect service pursuant to this section for any person who, within the twelve months preceding the request for reconnection, has failed to comply with the public service commission rules governing the payment of the unpaid portion of an outstanding bill and bills for service rendered after a prior reconnection of service pursuant to this section. Notwithstanding the above, the division of family services shall only utilize general revenue funds appropriated in conjunction with this chapter after such time as the division has utilized all federal funds available for the purposes enumerated above.

660.130. The department of social services shall design the forms and issue rules and regulations necessary to carry out the provisions of sections 660.100 to [660.135] 660.136. No rule or portion of a rule promulgated under the authority of sections 660.100 to [660.135] 660.136 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo. Such rules shall provide that in order for a homeowner to be eligible such homeowner shall have met federal energy conservation guidelines for insulation, or have made application for insulation under the department of natural resources program or like program offered in the state of Missouri. Large notices of the availability of this program shall be posted in application areas and local offices of the division of family services.

[660.135. Not more than five million one hundred forty thousand dollars from general revenue shall be appropriated by the general assembly for the support of the utilicare program established by sections 660.100 to 660.135 for any fiscal year, except in succeeding years the amount may be increased by a percentage which reflects the national cost of living index or seven percent, whichever is lower.]

660.136. The "Utilicare Stabilization Fund" is hereby created in the state treasury to support the provisions of sections 660.100 to 660.136. Moneys in the utilicare stabilization fund that are not required to meet or augment the utilicare funding requirements of the state in any fiscal year shall be invested by the state treasurer in the same manner as other surplus funds are invested. Interest, dividends and moneys earned on such investments shall be credited to the utilicare stabilization fund. Such fund may also receive gifts, grants, contributions, appropriations and funds or benefits from any other source or sources, and make investments of the unexpended balances thereof.

Section B. Because immediate action is necessary to provide heating assistance to low income households during the 1995 to 1996 winter heating season, section 660.136 of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section 660.136 of this act shall be in full force and effect upon its passage and approval.