HCS/SS/SB 208 - This bill would (1) change the calculation of reenlistment pay and (2) scholarship requirements for National Guard members, (3) would modify the definition of "veteran" in Chapter 42, RSMo, to include honorably discharged National Guardsmen for the purposes of admittance to veterans' homes and burial in veterans' cemeteries, (4) would establish a "Missouri National Guard Trust Fund", a portion of which is to be funded by part of the net proceeds from the Gaming Commission Fund, (5) allows for a Uniformed Honor Detail to attend and render services for anyone entitled to military honors at their burial, internment or memorial service, (6) establishes a "Challenge Scholarship" program, (7) establishes an "Education Fund for Early Childhood Programs Fund" which is funded by part of the net proceeds from the Gaming Commission Fund and makes other modifications to who receives transfers of net proceeds from the Gaming Commission Fund, and (8) contains rules language.

The maximum payment for the reenlistment bonus and gratuity would be changed from set dollar amounts to amounts equivalent to a designated number of months' pay. The gratuity would be available only to members extending their initial enlistment.

Provisions regarding GPA are modified. Currently, a National Guard member must have had a GPA of 2.5 or higher in secondary school to be eligible for a scholarship. This act removes that provision and instead requires the 2.5 GPA to be maintained at the institution the member is attending, with probation provisions. Residency and financial need requirements for National Guard scholarships would be removed. Part-time students would be eligible for scholarships.

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 would establish a "Challenge Scholarship" program for the purpose of reimbursement for post-secondary education expenses on Missouri State Individual Income Tax Returns. The maximum per credit hour allowance is $17 for 1998, $33 for 1999, and $50 for 2000. The maximum allowable challenge scholarship is $500 for 1998, $1,000 for 1999, and $1,500 for 2000, with a cumulative maximum of $3,000. The scholarship only applies to the first 60 credit hours.

This act would establish an "Education Fund for Early Childhood Programs Fund", which would be funded by part of the net proceeds in the Gaming Commission Fund, beginning in Fiscal Year 1998. This newly established Fund would be used to prepare children to enter school.

Currently, through July 1, 2000, unencumbered funds of the Gaming Commission Fund are transferred to the Veterans' Commission Capital Improvement Trust Fund. This act states that remaining net proceeds (total revenues less total expenditures and total transfers) shall be distributed to the Veterans' Commission Capital Improvement Trust Fund for Fiscal Year 1997 and prior years. Beginning with Fiscal Year 1998, remaining net proceeds in the Gaming Commission Fund shall be distributed as follows:

$3 Million to the Veterans' Commission Capital Improvement Trust Fund;

$2 Million to the Missouri National Guard Trust Fund;

All remaining net proceeds to the Education Fund for Early Childhood Programs Fund.

The Veterans' Commission may transfer moneys in the Veterans' Commission Capital Improvements Trust Fund to the Missouri National Guard Trust Fund for burial, internment and memorial services performed by the uniformed honor detail.

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.
MARGARET J. TOALSON

HA 2 - RULES LANGUAGE HA 3 - WOULD REPEAL PROVISIONS FROM SS/SCS/HS/HCS/HB 335 AS TRULY AGREED TO AND FINALLY PASSED (RULES LANGUAGE).