State Government & Elections Law
CCS/HCS/SS#2/SCS/SB 1 – Modifies the law relating to the Second Injury Fund and occupational disease within the workers’ compensation system. (See also Workers Compensation Law)
CCS#2/HCS/SCS/SB 9 – Modifies provisions relating to agriculture.
Establishes the Career and Technical Education Advisory Council. The State Advisory Committee for Vocational Education is repealed.
Allows University of Missouri extension councils, except for any council located in St. Louis County, to form extension districts made up of cooperating counties for the purpose of funding extension programming.
Election costs are to be paid by the extension district, as provided in the act. (Vetoed 7/2/13)
SCS/SBs 10 & 25 – Creates a refundable income and financial institutions tax credit which may be available for sports commissions, certain nonprofit organizations, counties, and municipalities to offset expenses incurred in attracting amateur sporting events to the state. No more than three million dollars in tax credits may be issued per fiscal year. (See Taxation Law) (Signed 5/29/13)
CCS/HCS/SB 51 – Modifies several provisions of law relating to the regulation of motor vehicles. (See also Motor Vehicles & Transportation Law)
HCS/SB 75 – Includes provisions relating to concealed carry permits, firearms safety instruction, a prohibition on sharing records or developing databases with the federal Government and Mosmart. (See also Local Government Law and Education & School Law)
HCS/SB 99 – Modifies various provisions relating elections, the official state manual, and sale tax ballot issues.
Allows the Secretary of State to enter into an agreement with a nonprofit organization to print copies of the Official State Manual.
Eliminates both state and local use taxes on the storage, use or consumption of motor vehicles, trailers, boats, or outboard motors. The act specifies that a sales tax is to be collected for the titling of such property. The rate of tax associated with titling will be the sum of state sales tax and the local sales tax rate in effect at the address of the owner of the property.
All local taxing jurisdictions that have not previously approved a local use tax must put to a vote of the people whether to discontinue collecting sales tax on the titling of motor vehicles purchased form vendors not located in Missouri. If a taxing jurisdiction does not hold such a vote before November 2016, the taxing jurisdiction must cease collecting the sales tax. Taxing jurisdictions may at any time hold a vote to repeal the tax. Language repealing the tax must also be put to a vote of the people any time 15% of the registered voters in a taxing jurisdiction sign a petition requesting such.
These sections contain a nonseverability clause, and an emergency clause. (Signed 7/5/13)
HCS/SS/SCS/SB 116 – Repeals current provisions related to absent uniformed services voters and overseas voters and institutes the Uniformed Military and Overseas Voters Act to apply to all federal elections, statewide and state legislative elections or local elections where absentee ballots are authorized.
The Secretary of State is required to establish an electronic transmission system through which a covered voter may apply and receive voter registration materials and military–overseas ballots.
Allows uniformed services and overseas voters to use a federal postcard application or the declaration accompanying a federal write–in absentee ballot to apply to register to vote. Such voters who are registered to vote in Missouri may apply for a military–overseas ballot and those who are not registered may use a federal postcard application to simultaneously register and apply for a military–overseas ballot. Covered as defined in the bill voters may use a federal write–in absentee ballot to vote for all offices and ballot measures.
Valid military–overseas ballots shall be counted if received before noon on the Friday after the election day.
No election authority or verification board shall certify election results before noon on the Friday after the election day and a valid military–overseas ballots shall be counted if received before that time.
The act shall take effect on July 1, 2014. (Signed 7/10/13)
SS/SCS/SB 125 – Modifies duties of boards of education. (See also Education & School Law)
SB 235 – Revises current laws that require the directors of the Division of Finance and the Division of Credit Unions to examine and determine the number and total dollar amount of residential real estate loans originated, purchased, or foreclosed and the number of residential real estate loan applications denied by financial institutions with offices in counties or cities with a population over 250,000. (Signed 5/17/13)
SB 236 – Makes changes to the Highway Patrol’s Motor Vehicle, Aircraft, and Watercraft Revolving Fund.
Requires the fund to include money received for the purchase and maintenance of vehicles, watercraft, and aircraft and provides that the fund be used for the purchase and maintenance of such items. (Effective pursuant to Article 3, Section 31 of the Missouri Constitution, 7/14/13)
SCS/SB 240 – Requires the Public Service Commission to specify in its decisions the annual amount of net write–off incurred by a gas corporation. After such a decision, the gas corporation shall be allowed to recover from customers 90% of the increase in net write–offs. For decreases in net write–offs, the gas corporation must return to customers 90% of the decrease. Such recoveries or returns shall occur over a period not to exceed five years.
Provides that, the Public Service Commission cannot approve an ISRS without having issued a rate proceeding decision within the last five years. A gas corporation cannot collect an ISRS for more than three years unless a rate proceeding occurs. Also increases the amount a gas corporation may recover through infrastructure system replacement surcharges (ISRS) from 10% of the gas corporation’s base revenue level to 13%.
This act contains an emergency clause for a certain section. (Vetoed 7/10/13)
HCS/SS/SB 252 – Enacts several provisions pertaining to the operations of the Department of Revenue. Under this act, moneys in the state legal expense fund shall be available for the payment of any claim or final judgment against any person appointed as a fee agent by the Department of Revenue, to the extent that the fee agent’s actions or inactions upon which the claim or judgment is based were performed in the course of the person’s official duties as a fee agent.
Provisions are also included relating to the WW II and WWI Memorial Trust Funds
Under this act, the department of revenue shall not retain copies, in any format, of source documents presented by individuals applying for or holding driver’s licenses or nondriver’s licenses. In addition, the Department of Revenue shall not use technology to capture digital images of source documents so that the images are capable of being retained in electronic storage in a transferable format.
The scanning and retention provisions of the act shall not apply to:
(1) Original application forms, which may be retained but not scanned;
(2) Test score documents issued by state highway patrol driver examiners;
(3) Documents demonstrating lawful presence of any applicant who is not a citizen of the United States, including documents demonstrating duration of the person’s lawful presence in the United States;
(4) Any document required to be retained under federal motor carrier regulations relating to the issuance of commercial driver’s license; and
(5) Any other document at the request of and for the convenience of the applicant where the applicant requests the department of revenue review alternative documents as proof required for issuance of a driver license, nondriver license, or instruction permit.
The act further requires the Department of Revenue, by December 31, 2013, to securely destroy any source documents that have been obtained from driver’s license or nondriver’s license applicants after September 1, 2012.
Under the terms of the act, as long as the department has the authority to issue a concealed carry endorsement, the department shall not retain copies of any certificate of qualification for a concealed carry endorsement presented to the department for an endorsement on a driver’s license or nondriver’s license. In addition, the act further requires the department to purge any copies of certificates of qualification that have been obtained from driver’s license and nondriver’s license applicants.
Under the act, any person harmed or damaged by any violation of scanning and retention provision may bring a civil action for damages, including non–economic and punitive damages, as well as injunctive relief, in the circuit court where that person resided at the time of the violation or in the circuit court or the circuit court of Cole County to recover such damages from the department of revenue and any persons participating in such violation. Sovereign immunity shall not be available as a defense for the department of revenue in such an action. In the event the plaintiff prevails on any count of his or her claim, the plaintiff shall be entitled to recover reasonable attorney fees from the defendants.
The act defines “source documents” as original or certified copies of documents presented by an applicant as required under federal law to the Department of Revenue to apply for a driver’s license or nondriver’s license. Source documents shall also include any documents required for the issuance, renewal, or replacement of driver’s licenses or nondriver’s licenses by the Department of Revenue.
Biometric Data – Under current law, biometric data previously collected or retained in connection with motor vehicle registrations, driver’s licenses, and nondriver’s licenses must be deleted from all state databases. This purging provision, however, does not apply to any data collected, obtained, or retained for a purpose other than compliance with the federal REAL ID Act. This act removes this qualifier so that the purging of state databases applies to all biometric data collected, obtained, or retained in connection with motor vehicle registrations, driver’s licenses, and nondriver’s licenses.
Under this act, the Department of Revenue shall not use, collect, obtain, share, or retain biometric data nor shall the department use biometric technology, including, but not limited to, retinal scanning, facial recognition or fingerprint technology, to produce a driver’s license or nondriver’s license or to uniquely identify licensees or license applicants for whatever purpose. The act shall not apply to digital images nor licensee signatures that are required for the issuance of driver’s licenses and nondriver’s license.
Prohibition Against State Agencies Sharing Firearm Information with the Federal Government – Under the act, no state agency or department, or contractor or agent working for the state, shall construct, enable by providing or sharing records to, maintain, participate in, or develop, or cooperate or enable the federal government in developing, a database or record of the number or type of firearms, ammunition, or firearms accessories that an individual possesses.
Under the act, no state agency shall disclose to the federal government the statewide list of persons who have obtained a concealed carry endorsement or permit. Nothing in this section shall be construed to restrict access to individual records by any criminal justice agency authorized to access the Missouri uniform law enforcement system. A portion of this act is subject to an emergency clause. (Signed 7/1/13)
SB 306 – Currently, authorized personnel of the Board of Pharmacy may enter and inspect premises selling drugs or chemicals. This act allows for the testing of drugs maintained by licensees of the Board. The Board shall pay for the cost of testing. (Signed 5/16/13)
SCS/SB 324 – Regulates the offer and dissemination of travel insurance and establishes a limited lines travel insurance producer licensure system. The act provides that a travel retailer may offer and disseminate travel insurance on behalf of and under a travel insurance producer only if the travel insurance producer or travel retailer provides to purchasers of travel insurance a description of the material terms of the coverage, establishes and maintains a register of each travel retailer that offers travel insurance, has a designated producer responsible for complying with the travel insurance laws, complies with fingerprinting requirements, pays all producer licensing fees and provides employee training.
The director of insurance is authorized to promulgate rules to administer the provisions of the act. (Signed 5/16/13)
CCS/HCS/SB 342 – Includes provisions relating to a Missouri international agricultural exchange website, loans permitted to be made by Missouri agricultural and small business development authority, alien or foreign business ownership of agricultural land and the clean water law. (Vetoed 7/2/13)
SB 350 – Prohibits the issuance of the renter’s portion of the senior citizens property tax credit. The Department of Revenue is required to calculate how much of the renter’s portion of the tax credit was redeemed in fiscal year 2012. Beginning fiscal year 2014, such amount will be deposited in to the newly created Missouri Senior Services Protection Fund. Moneys in the fund shall be used for services for low–income seniors and disabled persons. (Vetoed 5/14/13)
SS/SCS/HCS/HB 28 – Modifies provisions relating to the environment. (See Environmental & Energy Law)
HB 68 – Designated the month of November as “Pancreatic Cancer Awareness Month” in Missouri. Designates the last full week in October as “Respiratory Syncytial Virus (RSV) Awareness Week” in the state of Missouri. (Signed 5/31/13)
SCS/HCS/HB 110 – Requires the Governor to issue a writ of election to fill a vacancy of Lieutenant Governor within 30 days of the vacancy for an election to be held at the next general election.
In the case of impeachment, the office shall remain vacant until the impeachment is determined. The chief administrative assistant shall perform only ministerial duties during the vacancy. Duties as president of the Senate shall be performed by the president pro tempore of the Senate. These provisions contain an emergency clause.
The Governor is barred from making interim appointments to the St. Louis Board of Election Commissioners.
Modifies the membership of the county political party committees in Jackson County.
Current statute provides that all public administrators are to be elected in the county or city they serve. This act will make the St. Louis City public administrator an appointed position. The public administrator will be appointed by a majority of the circuit and associate circuit judges of the 22nd judicial circuit. The qualifications and requirements for this appointed position will be the same as those for elected public administrators. (Vetoed 7/12/13)
SS#2/SCS/HB 116 – Modifies the duties and authority of the State Auditor.
Specifies that the types of audits that may be conducted by the State Auditor shall include financial and performance audits. The standards established by the comptroller general of the United States for audits of government entities, organizations, programs, activities, and functions as published in Government Auditing Standards shall determine the type of audit to be conducted and a mixture of audit type and objective may be used. The objectives of financial and performance audits are enumerated.
The Auditor may conduct audits at his or her discretion, as deemed necessary, without advanced notice instead of on a scheduled basis. The treasury shall be audited at least annually.
The Auditor may contract with federal audit agencies or government agencies on a cost reimbursement basis to audit federal grant programs.
The Auditor may examine records of financial institutions relating to transactions with the State Treasurer, a state agency, or any political subdivision.
The Auditor may review bookkeeping and accounting systems used in state agencies and determine the propriety of the data presented in the state comprehensive annual financial report.
Any instances of statutory violations and malfeasance, misfeasance or nonfeasance by officers or employees shall be provided in a report to the Governor and Attorney General.
Draft reports of audits shall be delivered to and discussed with the auditee’s official and any written response shall be provided within 30 of receipt of the draft.
The General Assembly, Governor, and director of each agency audited shall be notified of the publication of an audit report. Audit report records shall be retained in accordance with the state record’s retention schedule. Related material shall be retained pursuant to an agreement between the Auditor and the state archives.
The Auditor may audit any public employee retirement or health care system.
A method by which the Auditor shall receive reports of allegations of improper governmental activities is established. The Auditor may investigate such reports and refer matters outside of the scope of the Auditor’s authority to the proper authorities.
The Auditor shall have access to all documents and files of any agency or institution it is authorized to audit. Review of tax returns shall be limited to matters of official business and remain confidential except that the Auditor may disclose information related to overdue tax debts.
The Auditor shall have access to all documents, files, property and facilities of any organization that pertain to money received or handled from the federal government, the state or any political subdivision.
This act stipulates that the Auditor’s subpoena power only extends insofar as necessary to conduct a statutorily authorized audit.
Banks and financial institutions are not required to produce records until they are reimbursed for reasonable document production costs.
The Auditor shall comply with state and federal financial privacy requirements prior to accessing financial records.
Grants and contracts entered into by state agencies and political subdivisions shall include a clause describing the Auditor’s access to records.
The Auditor may contract for professional services to carry out audits.
Willfully making false, misleading or unfounded reports for the purpose of interfering with an audit, review or investigation or obstructing the Auditor constitutes a class A misdemeanor.
Currently, the Auditor conducts biennial audits of the Missouri county employees’ retirement system.
Under the act, the system’s board is charged with conducting the audits through a certified public accountant or a firm of certified public accountants.
Currently, at least once every three years, the Auditor examines audits of the prosecuting and circuit attorneys’ retirement system, the Missouri local government employees’ retirement system, the Missouri consolidated healthcare plan, the Missouri department of transportation and highway patrol employees’ retirement system, the Missouri state employees’ retirement system, and the public school retirement system. These provisions are repealed and the Auditor may audit these systems at any time.
A provision prohibiting examiners from receiving or riding on free transportation while on official business is repealed.
Requires state departments and divisions that accept federal grants of at least one million dollars to post information relating to the grant on the Missouri accountability portal, including the amount, origin, and purpose of the grant; any amount being transferred to another department or division; the purpose for such transfer; and how the secondary recipient used the funds and the impact of that use.
Requires bonds and obligations issued or incurred by political subdivisions, debt incurred by public charter schools, and the Governor’s release and withholding of public funds to be placed on the accountability portal.
The Auditor is removed from the Board of Fund Commissioners.
Specifies information that must be included in the bond filing when a school district issues bonds.
The ballot on which voters will vote to issue bonds must also contain this information.
Provides that the accounts of any second class county and the accounts of any county office may audited at any time the commission determines an audit to be desirable or necessary.
Current law provides that the audit must review the receipts, disbursements, and property inventory of every county office that receives or disburses money on the county’s behalf or holds county property. This act specifies that, unless the audit is requested for a particular office, the audit may review such records and inventory.
This act repeals a provision requiring the auditor to provide, along with the audit report, a statement showing the receipts and disbursements of the county during the period of the audit.
If the state auditor performs an audit for a second or first class county, this act requires the county to reimburse the state auditor for all expenses incurred, including staff salaries. The payment is to be deposited in the “Petition Audit Revolving Trust Fund”.
Allows and establishes procedures for counties to decrease their annual budgets no more than twice each fiscal year when faced with an unanticipated decline in funding of two percent or greater.
The budget reduction may not affect any one independently elected officeholder unless all officeholders who receive funds from the same budget category have negotiated ways to cover the shortfall. Also, the reductions may not impact any dedicated fund created by law. These provisions expire on July 1, 2016.
Charter counties may follow procedures in their charters for amending their budgets rather than the provisions of this act.
Also includes provisions affecting the St. Louis Police Retirement System, the Police Retirement System of Kansas City.
Creates the Missouri Senior Services Protection Fund in the state treasury.
The State Treasurer is required under the act to make four scheduled deposits from July 15, 2013 to March 15, 2014 that total $55,100,000 into the fund. Moneys in the fund must be allocated for services for low–income seniors and people with disabilities.
Audits of Transportation Development Districts – Under current law, the Auditor must audit each Transportation Development District at least once every three years and may audit more often as the Auditor deems appropriate. The district must pay the costs of the audit.
Under this act, the Auditor may audit each district not more than once every three years. The provision allowing the Auditor to audit more frequently is repealed. This act provides that the costs of the audit shall not exceed the greater of three percent of the gross revenues received by the district. (Signed 7/12/13)
CCS/SS/SCS/HCS/HB 117 – Modifies the law relating to the initiative and referendum petition process.
Requires the ballot title to appear on initiative and referendum petitions.
Petition circulators are required to affirm, under penalty of perjury, that they have never been convicted or, found guilty of, or pled guilty to an offense involving forgery. They are also required to swear that they are at least 18 years old, whether they are being paid to circulate the petitions and the payer if they are being paid.
Persons committing the following actions are also guilty of the newly created crime of petition signature fraud which is a Class A misdemeanor carrying a jail term of up to 1 year and a fine of up to $10,000, or both:
• Intentionally submitting petition sheets with the knowledge that a person whose name appears on the petition did not sign the petition;
• Causing a voter to sign a petition other than the one the voter intended;
• Forging or falsifying signatures;
• Knowingly accepting or offering money or anything of value in exchange for a signature; or
• Knowingly causing a circulator’s signatures to be submitted when the person either knows the circulator has committed a crime or submitting signatures with reckless indifference of the knowledge of a possible violation.
The election authority and its employees are required to report suspected petition signature fraud. Failure to do so is a Class A misdemeanor.
The act includes a process for withdrawing a petition by delivering written notice to the Secretary of State.
Within 30 days of issuing certification that a petition contains the required number of valid signatures, the Joint Committee on Legislative Research shall hold a public hearing on the issue.
Actions challenging the official ballot title or the fiscal note are required to be finally adjudicated within 180 days of filing unless a court extends the period upon a finding of good cause.
If a committee or person other than the individual submitting the sample sheet of a petition is funding a portion of the drafting or submission of the sheet, the individual shall submit a copy of the committee’s filed statement of organization that is filed with the Ethics Commission.
The act requires the Secretary of State to post the full text of initiative and referendum petitions within 2 days of receiving such petition and a disclaimer stating that the text of the proposed measure may not constitute the full and correct text as required by law to qualify for circulation. The name of the individual or organization submitting the petition shall also be included. Failure to do so shall be considered an open records violation. The Secretary of State is required to remove the posting within 3 days of withdrawal or rejection of the petition.
Currently, the Secretary of State is required to send written notice to petitioners within 30 days after submission indicating approval or rejection. This act changes that period to 15 days.
Currently, if the petition form is approved, the Secretary of State is required to prepare and deliver a summary statement to the Attorney General with 10 days. Under the act, if the form is approved, the Secretary of State is required to make a copy of the sample petition available on the Secretary of State’s website. The Secretary of State is required to accept public comment for 15 days after approval. The Secretary of State is then required to prepare and deliver a summary statement to the Attorney general within 23 days from approval.
Signatures for statutory initiative petitions shall be filed between the last general election and 6 months prior to the general election in which the measure will be on the ballot. The provisions of this act, with the exception of section 116.090 that contains criminal provisions, become effective November 4, 2014. (Signed 7/1/13)
HB 133 – Changes the laws regarding the accreditation requirements for reinsurance companies in order to comply with the federal Nonadmitted and Reinsurance Reform Act of 2010. The act changes the requirements for a reinsurance company to do business in Missouri and specifies when an insurance company can take credit or reduce liability on its financial statement due to reinsurance. The act is based upon the NAIC Credit for Reinsurance Model Law.
The provisions of this act become effective on January 1, 2014. (Signed 6/12/13)
SCS/HB 196 – Modifies provisions relating to unemployment compensation and the Missouri works job training program. The provisions of the Missouri Works Job Training Program will automatically sunset July 1, 2019, unless reauthorized. (See Labor & Employment Law)
SS/SCS/HCS/HB 215 – Modifies provisions relating to criminal procedure.
Under current law, the chairman of the Circuit Court Budget Committee serves on the Criminal Records and Justice Information Advisory Committee. This act replaces the chairman of the budget committee with the chairman of the Court Automation Committee.
Includes provisions relating to corrections programs for offenders under age 18, Department of Corrections 120–day programs, and forensic exams of child victims.
This act requires the Department of Public Safety to establish rules regarding reimbursements of the costs of forensic exams of children under the age of 14, including rules on conditions and definitions for emergency and nonemergency forensic examinations and qualifications for appropriate medical providers performing nonemergency forensic examinations. The department must provide reimbursement regardless of whether the exam findings indicate abuse.
In addition, this act defines the terms “emergency forensic examination” and “nonemergency forensic examination”.
Also includes provisions relating to the Public Defender System. (See also Criminal Law & Judicial Administration)
SCS/HCS/HB 233 – Modifies provisions of the retirement system for state officers and employees. (Signed 7/2/13)
SS/HB 253 – Modifies provisions relating to taxation. (See also Taxation Law)
SCS/HB 329 – Modifies the law affecting financial institutions. (See Commercial Law, supra)
SCS/HCS/HB 436 – Enacts the Second Amendment Preservation Act. (See summary under Judicial Administration, supra).
Also includes provisions relating to open carry ordinances and school protection officers.
Any school employee who discloses identifying information about a school protection officer to anyone other than the director of the Department of Public Safety is guilty of a class B misdemeanor and subject to employment termination proceedings.
Publishing names of firearm owners. Provides it is a Class A misdemeanor to publish the name, address, or other identifying information of any firearm owner or applicant for, or holder of, a license, certificate, permit, or endorsement to own, acquire, possess, or carry a firearm.
Health care professionals and firearms. Specifies that no licensed health care professional may be required by law to ask a patient whether he or she owns a firearm, document firearm ownership in a patient’s medical records, or notify any governmental entity of the identity of a patient based solely on the patient’s status as a firearm owner.
Lowering the age for concealed carry to 19. Under current law, a person, who is not a member of the United States Armed Forces or honorably discharged from the armed forces, must be at least 21 years of age, in order to qualify for a concealed carry endorsement. This act lowers the age to at least 19 years of age. (See also summary published under Education & School Law and Local Government Law, supra).
SCS/HB 533 – Modifies provisions relating to firearms.
Under this act, the state may not prohibit a state employee from having a firearm in his or her vehicle on state property as long as the vehicle is locked, the firearm is not visible, and the employee is conducting activities within the scope of his or her employment.
This act declares that the General Assembly strongly promotes responsible gun ownership and condemns unlawful transfers of firearms and the use of a firearm in criminal or unlawful activity. (Signed 7/5/13)
SS/SCS/HB 542 – Modifies provisions relating to agriculture.
Includes provisions relating to the: Career and technical education advisory council; University of Missouri Extension districts; Urban agricultural zones; and Agricultural weights and measures. (Signed 7/2/13)
HB 673 – Renames Linn State Technical College as “State Technical College of Missouri” effective July 1, 2014. (Signed 7/11/13)
SCS/HCS/HB 986 – Extends the sunset date for the Hand– Up Program, reauthorizes the Ticket–to–Work program until 2019 and creates the Missouri Senior Services Protection Fund. (See also Health & Hospital Law, supra).