The Missouri Bar
Services & Resources

State Government Law

SCS HB 41 — Law Enforcement. (See Criminal Law)

HB 62 — George Washington Carver Building. Designates the state office building for the Department of Agriculture located at 1616 Missouri Boulevard in Jefferson City as the “George Washington Carver Building.” (Signed 7/13/07)

HB 75 — Park Services. Authorizes the Director of the Department of Natural Resources to enter into cooperative agreements with private, not-for-profit organizations to reimburse the department for the actual costs of providing state park facility space and incidental staff support. The agreement must also clearly demonstrate the fiscal, interpretive, educational, and facility enhancement benefits to the state. (Signed 7/13/07)

HB 264 — State Public School Fund. (See Education/School Law)

HCS HB 272 — Official State Reptile. Designates the three-toed box turtle as the official state reptile. (Signed 6/21/07)

HB 351 — Official State Invertebrate. This bill designates the crayfish, also known as the crawfish or crawdad, as the official state invertebrate. (Signed 6/21/07)

HB 352 — State Purchasing and Printing. Increases the current bonus bidding preference given by the Commissioner of the Office of Administration for products and services manufactured, purchased, or assembled in qualified nonprofit organizations for the blind and in sheltered workshops under certain circumstances.

Increases the weekly per worker amount the Department of Elementary and Secondary Education will pay each sheltered workshop for work performed by handicapped employees in excess of the standard work week. (Signed 6/12/07)

HCS HB 405 — State Highway Patrol. Allows the Superintendent of the State Highway Patrol to direct members and other employees of the patrol to carry out any public safety duty or service authorized or appropriated by the General Assembly and specifies that the patrol will be divided into troops rather than districts. The requirement that the superintendent reside in Jefferson City is removed.

The bill contains an emergency clause. (Signed5/9/07)

HB 428 — State Fair Escrow Fund. Creates the State Fair Escrow Fund which will be maintained by the State Fair Commission. Moneys in the fund may be used for the specified expenses associated with the fair or any off-season event. (Signed 5/31/07)

SS HCS HB 453 — Income Tax Credits for Certain Donations. (See Taxation Law)

HCS HB 461 — State Water Patrol. Exempts the State Water Patrol from the merit system and specifies certain duties of the Commissioner of the State Water Patrol.

The Lieutenant Colonel of the State Water Patrol will assume the duties of the commissioner in his or her absence or upon the commissioner becoming disabled. If the commissioner and the lieutenant colonel become disabled, the Governor may designate a major as the acting commissioner.

All patrol officers and radio personnel are required to be 21 years of age or older, be United States and Missouri citizens, have certain educational and physical requirements, and have never been convicted of a felony.

The bill also establishes a disciplinary procedure for members of the patrol who have completed one year of probationary service.

A copy of any complaint filed against a member will be given to him or her unless the commissioner decides to postpone the notification because the disclosure would compromise an investigation of the complaint. Unless waived in writing by the member, he or she will not be interrogated until 48 hours after receiving a copy of the complaint and is entitled to have counsel present during questioning. The member is entitled to a copy of the investigation report and is allowed to present a written response prior to an initial recommendation of discipline. The commissioner may withhold the investigation report if the disclosure might endanger any person.

The bill becomes effective July 1, 2007, or upon its passage, whichever occurs first. (Signed 5/31/07)

HB 467 — Conveyance in Pettis County. (See Property Law)

HB 576 — Official State Game Bird. Designates the bobwhite quail as the official state game bird. (Signed 7/13/07)

SS HB 579 — Emergency Management. Transfers the State Emergency Management Agency from the Office of the Adjutant General to the Department of Public Safety and allows for the deployment of any health care professional who is licensed, registered, or certified in this or any other state and volunteers during an emergency declared by the Governor. Currently, only workers licensed, registered, or certified in this state are allowed to be deployed. Grants health care professional volunteers immunity from civil damages for their services. The Department of Health and Senior Services is allowed to recruit, train, and accept the services of citizen volunteers to dispense medication in a public health emergency.

The bill contains an emergency clause. (Signed 6/8/07)

SCS HCS HB 619 & 118 — Civil Air Patrol. (See Military/Veterans Law)

HB 680 — Official State Grass. Designates Big Bluestem as the official state grass. (Signed 6/11/07)

SCS HB 684 — Conveyances of Property. (See Property Law)

HB 732 — Memorial Highway and Bridge Designations. Adds emergency personnel killed while performing their duties to the list of individuals who are eligible for memorial highway or bridge designations. (Signed

7/13/07)

SS SCS HB 740 — Conveyances in Johnson and Nodaway Counties. Authorizes the Governor to convey an easement over state property located in Johnson County to the City of Warrensburg and authorizes the Board of Regents of Northwest Missouri State University to convey state property located in Nodaway County. (Signed 6/13/07)

HB 754 — Disbursement of Funds by the Department of Corrections. Authorizes the Department of Corrections to disburse federal funds under applicable federal guidelines and state funds as appropriated and directed by the General Assembly. (Signed 5/31/07)

HCS HB 948 — Genetic and Metabolic Screening Programs. Changes the laws regarding newborn screening test specimens and the Metabolic Formula Distribution Program within the Department of Health and Senior Services. (Signed 7/13/07)

SS SCS HCS HB 952 & 674 — Long-Term Care Facilities. (See Health/Hospital Law)

SCS HJR 7 — Language of Official Proceedings. Upon voter approval, this proposed constitutional amendment makes English the language for all official proceedings in Missouri and defines “official proceedings” in the same manner as “public meeting” under the Open Meetings Law, commonly known as the Sunshine Law. (Signed by President Pro Tem 5/30/07)

Note: Pursuant to the Missouri Constitution, Article III, Section 52 (b), the veto power of the Governor does not extend to measures referred to a vote of the people.

SCS SB 46 — Faith-Based Organization Liaison Act. Establishes the Faith-based Organization Liaison Act which requires the Director of the Department of Social Services to designate existing regional department employees to serve as liaisons to faith-based organizations in their respective regions to facilitate the need for and benefits of community services for individuals in need of financial or other assistance. (Signed 7/13/07)

HCS SB 127 — Missouri Department of Transportation and Highway Patrol Employees’ Retirement System. (Signed 5/31/07)

SB 162 — Claims For Income Tax Refunds. (See Taxation Law)

HCS SCS SB 198 — Use of Lands. (See Property Law)

SB 257 — Firearms. Prohibits the state or any political subdivision from restricting the lawful possession, transfer, sale, transportation, storage, display, or use of firearms or ammunition during an emergency. (Signed 4/12/07)

HCS SB 270 — Peace Officers Standards and Training. Increases the number of members on the Peace Officers Standards and Training (POST) Commission from nine to 11 by including two members that are peace officers at or below the rank of sergeant employed by a political subdivision. No more than two members of the commission can reside in the same congressional district or be employees of the same law enforcement agency.

Also allows the Director of the Department of Public Safety to establish rules to implement the POST Program. (Signed 5/31/07)

HCS SCS SB 288, SB 152 & SCS SB 115 — Conveyances of Property. (See Property Law)

HCS SB 322 — Construction-Related Activities. Changes the laws regarding commercial zones and the requirements for designing, constructing, and managing state buildings. (Signed 6/30/07)

SCS SB 339 — Fairness in Public Construction Act. Public entities cannot impose certain labor requirements as a condition for performing public works projects if the construction project is more than 50% funded with state moneys. Public entities contracting for public works projects must ensure that their agreements do not bind the other parties to an agreement with a labor organization and cannot discriminate against other parties who refuse to adhere to agreements with labor organizations on the same or related projects. Public entities cannot require other parties to enforce any agreement that requires its employees to become a member, pay dues, or pay fees to a labor organization in excess of costs already paid. Any interested party has standing to challenge an agreement that violate these provisions.

Specifies conditions upon which the state or a political subdivision may enter into a union-only project labor agreement. The intent to enter into a union-only project labor agreement will be published in a document titled “Intent to Enter Into a Project Labor Agreement.” A public hearing must be conducted by the state or political subdivision on whether to require a union-only project labor agreement. A finding is appealable to the Labor and Industrial Relations Commission, and any aggrieved party from the commission’s decision may appeal to the circuit court of Cole County. If the commission determines that a complaint is frivolous or exhibits a pattern of harassment on the part of the filing party, the commission may disallow the party from filing further complaints for up to one year.

An employer is prohibited from directly or indirectly receiving from another project any wage subsidies, bid supplements, or rebates from any employee or labor organization for a construction project or from any third party to subsidize labor costs on a public works construction project. An employer lawfully receiving a wage subsidy, bid supplement, or rebate payment must report the payment amount, within 30 days of its receipt, to the contracting public entity. This provision, if in conflict with the federal National Labor Relations Act, will not be enforced. Any contractor or subcontractor who violates these provisions will be required to pay the public body twice the amount of the subsidy received.

The amount an employer will be penalized for paying a workman less than the stipulated wage rate is increased from $10 per employee per day to $100 per employee per day. The Department of Labor and Industrial Relations is required to investigate any violation of the prevailing wage law and notify the offending employer of its findings. The employer can pay the penalty within 45 days of the notice or seek arbitration. The department will enforce monetary penalties and recover the actual costs of enforcement.

The remedies specified in the bill do not prevent an employee from pursuing an individual action against an employer. (Signed 3/22/07)

CCS HCS SB 376 — School Attendance in Inclement Weather and Tourism Supplemental Revenue Fund. (See Education/School Law)

SCS SB 420 — Clean Water Commission. Increases from three to four the number of members of the Clean Water Commission that can be from the same political party. (Signed 6/13/07)

SCS SB 456 — Payments to School Districts. (See Education/School Law)

HCS SB 613 — Revision of Missouri Statutes. Repeals certain provisions of law which have expired, sunset, terminated, or are ineffective as identified by the Joint Committee on Legislative Research. (Signed 7/13/07)